RFP-Fire Training and Emergency Management Facility FINAL.pdf

RESPONDENT (COMPANY) NAME: ____________________

C I T Y O F D E A R B O R N

Abdullah H. Hammoud, MAYOR

Request for Proposal

FOR

Fire-Training and Emergency Center Management Facility-Renovation

CONTROL NO. 091525

Issue Date: September 15, 2025

Mandatory Site-Visit: September 22, 2025 at 10:00 a.m.

2661 Greenfield Rd, Dearborn, MI 48120

Pre-bid Question Deadline: September 30, 2025 by 4:00 p.m.

(Submitted in writing only)

Bid for RFP Deadline: October 15, 2025 by 3:00 p.m.

(Uploaded to www.mitn.info)

Purchasing Contact: Mark Rozinsky Purchasing Manager

Phone: (313) 943-2484 Email: mrozinsky@dearborn.gov

Anne Wistow, Wayne County Land Bank 313-967-2551 awistow@waynecountymi.gov

DESCRIPTION: Bids are being solicited for Fire Department Fire-Training and Emergency Center Management Facility-Renovation.

This solicitation, along with all attachments may be downloaded from the Michigan Intergovernmental Trade Network (MITN) website at www.mitn.info. Any and all Addenda issued by the City of Dearborn must be viewed or downloaded from the above listed website. Award results shall also be posted on the MITN website.

Bids must be uploaded to the MITN website by the due date and time specified above. Be sure to allow adequate time for the uploading process as late bids will not be accepted by the system.

Bids will be opened promptly after the bid deadline at the Dearborn Administrative Center.

NO HARD COPIES ARE TO BE SUBMITTED

http://www.mitn.info/ mailto:mrozinsky@dearborn.gov mailto:awistow@waynecountymi.gov

CITY OF DEARBORN

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COMPANY NAME: ____________________

Contractors are prohibited from using the official Seal of the City of Dearborn in this bid or in any other manner

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TABLE OF CONTENTS

INSTRUCTIONS ............................................................................................ Error! Bookmark not defined.

SCOPE OF WORK/SPECIFICATIONS

SPECIAL INSTRUCTIONS, TERMS AND CONDITIONS

STANDARD TERMS AND CONDITIONS OF AGREEMENT

REQUIRED FORMS

BID FORM

EXCEPTIONS AND ALTERNATIVES FORM

BID PRICE FORM

REFERENCE FORM

BUSINESS INFORMATION QUESTIONNAIRE

BUSINESS INFORMATION QUESTIONNAIRE (Cont.)

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING FORM

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INSTRUCTIONS

1) PRE-PROPOSAL INFORMATION AND QUESTIONS: Each proposal that is received by the deadline will be evaluated on its merit and completeness of all requested information. In preparing proposals, Respondents are advised to rely only upon the contents of this RFP and accompanying documents and any written clarifications or addenda issued by the City of Dearborn Purchasing Division and the Wayne County Land Bank. If a Respondent finds a discrepancy, error, or omission in the RFP package, or requires any written addendum thereto, the Respondent is requested to notify the Purchasing contact noted on the cover of this RFP, so that written clarification may be sent to all prospective Respondents. THE CITY AND THE WAYNE COUNTY LAND BANK IS NOT RESPONSIBLE FOR ANY ORAL INSTRUCTIONS. All questions must be submitted in writing to the Purchasing contact before the Pre-Proposal Question Deadline indicated on the front of this document. No contact regarding this document with other City employees is permitted. All answers will be issued in the form of an addendum.

a) All questions must be submitted in writing to the Purchasing contact before the pre-proposal

Question Deadline indicated on the front of this document.

b) No communication is permitted between Proposers and other City of Dearborn Departments or

Divisions or Wayne County Land Bank prior to the award of the proposal unless sanctioned by the Purchasing Division.

2) PRE-PROPOSAL MEETING: A pre-proposal meeting concerning this RFP may be held. If so, the date, time and location will be indicated on the cover of this RFP. Staff will be available at this meeting to answer questions about this RFP. Attendance at the meeting is strongly encouraged.

3) RFP MODIFICATIONS/ADDENDA: Clarifications, modifications, or amendments may be made to this RFP at the discretion of the City. Any and all Addenda issued by the City will be posted as noted on the Cover Page of this document. It is the responsibility of the Respondent to obtain the available Addenda and acknowledge Addenda on the Proposal Form of this RFP. Failure to acknowledge Addenda may result in your proposal being deemed non-responsive and rejected without any further evaluation. If any changes are made to this RFP document by any party other than the City, the original RFP document and associated Addenda in the City’s files shall take precedence.

4) PROPOSAL SUBMISSION: The Respondent must include the following items or the proposal may be deemed non-responsive:

i) All forms contained in this RFP, fully completed

ii) Evidence that the Minimum Qualifications listed in the Specifications/Scope of Work are met.

a) Proposals must be electronically uploaded to the MITN (www.mitn.info) website by the due date and time. Allow sufficient time to go through the uploading process. Submit a single file, in PDF, with a size limitation of 20MB. If the file size exceeds 20 MB, please upload in 20 MB increments.

For assistance on how to upload, contact MITN directly at (800) 677-1997. The MITN system will not allow for late submittals and a submittal must be completed before the due date and time.

This responsibility rests entirely with the Respondent, regardless of delays resulting from the uploading process.

b) Submission of a proposal establishes a conclusive presumption that the Respondent is thoroughly familiar with the Request for Proposal (RFP), and that the Respondent understands and agrees to abide by each and all of the stipulations and requirements contained therein. Businesses that have done work for the City of Dearborn are not exempt from submitting required documents or meeting other requirements listed in this RFP.

c) All prices and notations must be filled in. If not offering on a line item, you must write in “N/A” or “No Offer.” Mistakes may be crossed out and corrections must be initialed by the person(s) signing the bid.

d) All costs incurred in the preparation and presentation of the proposal is the Respondent’s sole responsibility; no pre-proposal costs will be reimbursed to any Respondent. All documentation submitted with the proposal will become the property of the City of Dearborn.

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e) Proposals must be held firm for a minimum of 90 days.

5) WITHDRAWAL: Proposals may only be withdrawn by written notice prior to the date and time set for the opening of proposals. No Proposal may be withdrawn after the deadline for submission.

6) PRICING: In cases where discrepancies are found on the price page when computing the total amount on the price sheet, the unit price shall prevail.

7) REJECTION: The City reserves the right to reject any or all proposals, or to accept or reject any proposal in part, and to waive any minor informality or irregularity in proposals received if it is determined by the Purchasing Agent that the best interest of the City will be served by doing so. If all Proposals are rejected by the City, notice will be posted on the City’s websites as noted on the Cover Page of this document. No Proposal will be considered from any person, firm or corporation in arrears or in default to the City on any contract, debt, or other obligation, or if the Respondent is debarred by the City from consideration for a contract award, or if Respondent has committed a violation of the City’s Charter and/or Code of Ordinances which resulted in a termination of a contract or other material sanction within the five (5) years immediately preceding the date of issuance of this document.

8) PROCUREMENT POLICY: Procurement for the City will be handled in a manner providing fair opportunity to all businesses. This will be accomplished without abrogation or sacrifice of quality and as determined to be in the best interest of the City. The Purchasing Agent has the vested authority to execute a contract, subject to Mayoral and/or Council approval where required.

9) PROPOSAL SIGNATURES: Proposals must be signed by an authorized official of the Respondent.

Each signature represents binding commitment upon the Respondent to provide the goods and/or services offered to the City if the Respondent is determined to be the most responsive and responsible Respondent. The resulting contract is not binding until fully executed by both parties should the contract require Council approval.

10) CONTRACT AWARD: The City reserves the right to award by item, group of items, or total proposal.

The Respondent to whom the award is made will be notified at the earliest possible date. Tentative acceptance of the proposal, intent to recommend award of a contract and actual award of the contract will be provided by written notice sent to the Respondent at the address designated in the proposal.

After a final award of the Agreement by the City of Dearborn, the Contractor must execute and perform said Agreement upon full execution by both parties. The date on which the Agreement is signed by the City of Dearborn marks the beginning of the Agreement and shall be binding.

11) NO RFP RESPONSE: For those Businesses who receive this RFP but who do not submit a response, it would help the City of Dearborn if you would please return a notice of why you have chosen not to respond.

12) FOIA REQUIREMENTS: Proposals are subject to public disclosure after the deadline for submission in accordance with state law.

13) CITY SEAL USAGE – USE OF THE CITY SEAL WITH YOUR SUBMITTAL IS STRICTLY PROHIBITED BY

ORDINANCE.

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SCOPE OF WORK/SPECIFICATIONS

1) INTRODUCTION: Through this RFP, the City hereby invites businesses that meet the qualifications set forth herein to submit bids for Buildout of the Dearborn Fire Departments Emergency Management Facility A mandatory site-visit will be held on September 22, 2025 (or if special coordinated consideration for site visit at the discretion of the city) will be held on in order to allow interested general contractors only to view the site and conditions.

MINIMUM QUALIFICATIONS: Respondents will be deemed non-responsive and rejected without any further evaluation if they, as a business, do not meet the following qualifications:

• Respondents must have 5 years of experience providing the services specified herein and proof.

• Respondents must have successfully completed (5) projects similar to the size and scope specified herein in the past 3 years.

• Proof of experience shall be provided in the form of references

2) SCOPE OF WORK: The successful GC-Construction Management Firm to provide all construction management to execute all construction including by not limited equipment, manpower and tooling and materials for proposed Dearborn Fire Department Training & Emergency Management Facility

– Renovation at 2661 Greenfield, Dearborn MI 48120 per DiClemente Siegel Design drawings dated 7/29/2025 BID and Specifications.

Verification of all drawings and content with existing building structure, conditions and any errors-omissions.

Construction Management- Contractors Responsibilities including but not limited to:

• Certificate of Occupancy must be obtained no later than June 30, 2026.

• 2% Bid Bond

• 100% Payment Bond

• 100% Performance Bond

• All Insurance and documentation

• Obtain all permitting requirements and fees.

• All Warranties

• All Commissioning

• All Site-Specific Safety Plans (Safety Policies), OSHA/MIOSHA regulations.

• Providing all contractors-subcontractor information ( rosters, makeup of company, company credentials, all cost values, scopes of work executed in the past 3-5 years showing performance-project lists, photos, display of quality of work, contacts-references at contractor interview process.

• Complete management of project-office support (designated PM/ Project Engineer Administration, AIA payment and approved processes etc. and site management as required and all skilled trades workers ( all scheduling- milestone, detailed schedule/s, 2- and 4-week lookahead schedules, weekly meetings or bi-weekly or specialized meetings as per requirements as the project demands by Fire Department, city- designees, AE requests/requires, office support PM, PE, Administration, Safety, AIA billing process etc.. All work properly scheduled with no lapses/ gaps.

• Provide all submittals and all product data and materials, MSDS sheets.

per design drawings, submittals, all defined costing break downs and fees.

• RFQ interview process review meeting, presentation (ability to possible taking bid options of

Dearborn’s subcontractor list for consideration), ability to negotiate. Define execution and means and methods.

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• All daily/weekly cleanup to not affect the property, site, building and contractors safety and performance.

• All Quality Control and approval by DSD, Dbn and or their designees.

• All means and methods

• All Submittals and approvals

• Value Engineering

• Constructability Solutions

• All temporary protection and boarding for construction access to building and secured door system

• All temporary facilities

• All construction and temporary signage.

• Notifications

• All pre-punch lists, punch lists, closeout documentation (including commissioning)

• Liquidated damages degression of Deaborn for schedule adherence ( June 1, 2026), damages of property or adjacent properties, assets or existing utilities.

City and the Wayne County Land Bank Responsibilities:

• The city will provide a dedicated project manager to coordinate the work being performed with the contractor.

• City’s and the Wayne County Land Bank’s awarded A/E to provide drawings for construction.

• The city agrees to give the contractor access to work areas (normal business hours typically M-

F 7am-3:30pm- off on city holidays and national holidays).Consideration if Saturday with approval of city.

• The city agrees to provide any available existing (attached drawings)

• Possibly- Non required electrical feeds to trailers or NW electrical feeds to the building-TBD or to contract with GC.

3) Main Elements:

• All Management-office and field, Planning, Schedule Adherence, Quality, Safety

• All Abatement

• Under slab soils, (if remediation required or grouting) compaction

• All Cut and Cap Utilities

• (If Site Work- landscape and paving)

• All Demolition

• Concrete

• Masonry

• Carpentry

• Metal Sud, Gypsum Board, ACT, Millwork, Doors & Hardware, EFIS)

• All finishes

• Flooring

• Painting

• All MEP- Mechanical Electrical Plumbing (Mechanical HVAC, Electrical, Mechanical Plumbing rough and finish

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EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1) EVALUATION: All proposals received will be evaluated by an Evaluation Team that consists of City representatives. The following factors will be considered in making the selection:

a) Experience & Qualifications – 20 pts

b) Capacity to Provide Full Scope – 30 pts

c) Work Plan (Approach) and Timeline – 30 pts

d) Cost (Fixed Fee/Rates/Etc.) – 20 pts

Each proposal submitted in response to this RFP shall focus on these criteria. In addition, the Evaluation Team also may consider the past performance of the Respondent on other contracts with the City or other entities. The City reserves the right to make such additional investigations as it deems necessary and may require the submission of additional information.

2) GENERAL SUBMITTAL REQUIREMENTS:

a) NUMBER OF COPIES: The entire response must be uploaded to the MITN website only. Do not submit a hardcopy. Allow sufficient time to upload to the website. It is preferred that one file, in PDF, be submitted with a single file size limitation of 20MB. The City is not responsible for failure to have the submittal uploaded in a timely manner.

b) PROPOSAL FORMAT: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements are listed below to ensure the Evaluation Team is able to easily locate the information that is requested in this solicitation.

c) PROPOSAL CONTENT: The Respondent must include the following items or the proposal will be deemed non-responsive and rejected without any further evaluation.

i) All general forms contained in this RFP, fully completed*:

ii) A bid deposit in the amount of 2% of the total contract value made payable to the City of

Dearborn.

iii) A 100% Payment Bond & 100% Performance Bond

iv) A complete response to each of the Submittal Requirements in the next section, which are specific to the evaluation criteria.

d) SUBMITTAL REQUIREMENTS: Submit a complete response to each of the following items which are specific to the evaluation criteria:

a) Experience

i) Describe the experience providing similar services

ii) Describe the experience and qualifications of lead personnel. Include detailed resumes.

b) Qualifications

i) Describe how you meet or exceed the Minimum Qualifications in this document.

ii) Provide at least 3 references for similar projects/contracts, including name of establishment, full address, dates of service, contact name and contact telephone number for reference checks.

iii) Describe how you meet the Preferred Qualifications in this document.

* Businesses that have done work for the City of Dearborn are not exempt from submitting required documents.

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iv) Provide copies of certifications/licenses specified in the Minimum Qualifications in this document.

c) Capacity to provide full scope:

i)Please list the equipment/assets your company owns or will rent which you intend to use to complete this work.

d) Submit a detailed work plan (how you will approach the project as outlined in the scope of services). Submit a timeline, preferably in Gantt format.

e) Cost (fixed fees, rates, etc.).

i) Complete the Cost Proposal Form included herein.

ii) Provide a detailed breakdown of how you arrived at the costs on the Cost Proposal Form.

3) SHORTLISTING: The City may shortlist the Respondents based upon responses to the above items.

If necessary, the City will conduct interviews/demonstrations. The City will notify each Respondent on the shortlist, if such presentation is required. These presentations will provide an opportunity for the Respondents to respond to questions posed by the Evaluation Team and to clarify their proposals through exhibition and discussion. The City will not reimburse oral presentation costs of any Respondent. The City reserves the right to modify scoring based on its findings from interviews/demonstrations

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SPECIAL INSTRUCTIONS, TERMS AND CONDITIONS

1) CONTRACT TERM: The contract shall be for a one-time purchase, effective upon full execution of the contract and notice to proceed. After full execution of the contract and notice to proceed, the Contractor must perform the services established herein for the term of the contract.

2) NEGOTIATION: Quantities, services, and prices listed in the Scope of Work and in the Respondent’s response to this RFP may be subject to negotiation. Any agreements resulting from negotiation that differ from what is presented in this RFP or in the Respondent’s response shall be documented and included as a part of the final contract.

3) INSURANCE REQUIREMENTS: The Contractor, at its own expense and in its own name, must provide and keep in force during the term of this Agreement the following types of insurance in not less than the amounts indicated below:

a) Commercial General Liability Coverage: Commercial General Liability Coverage including products/completed operations, contractual liability, and personal injury. Coverage must include

(a) Underground damage to facilities due to drilling and excavating with mechanical equipment.

(b) Collapse or structural injury to structures due to blasting or explosions, excavation, tunneling, pile driving, cofferdam work, or building moving or demolition. This insurance shall be on a commercial insurance, occurrence form. The limit amount for this insurance shall be not less than $1,000,000 per occurrence and $2,000,000 aggregate.

Additional Insured: The certificate must contain, as an endorsement, the following language pertaining to the general liability coverage: “The City of Dearborn, Michigan, its elected officials, officers, employees, boards, commissions, authorities, voluntary associations, and any other units operating under the jurisdiction of the City including the Wayne County Land Bank and within appointment of its operating budget including the City of Dearborn are named as additional insured and said coverage shall be considered to be the primary coverage rather than any policies and insurance or self-insurance retention owned or maintained by the City of Dearborn”.

Endorsement: The policy shall be endorsed to include a waiver of subrogation by the affording carrier in favor of the City of Dearborn.

b) Owner’s Protective Liability: Bodily injury and property damage protection, including general supervision of work performed shall be extended in the name of the City of Dearborn and all agent and employees thereof as the named insured. The minimum limit shall be $1,000,000.

c) Property Insurance. “All-risk” builders’ risk insurance insuring against all risks of physical loss or damage to the Work, including all labor, materials, supplies, machinery, equipment, fixtures, temporary structures, and all other work of whatsoever nature, used or to be used in or incidental to the construction, fabrication, erection or completion and testing of the Work, until Final Completion. Limits of liability under such policy shall be 100% of the replacement value of the Work, with no co-insurance penalties. Such insurance shall include coverage for loss or damage while in transit (anywhere in the world) and while in storage away from the site, coverage against the perils of earthquake and flood, boiler and machinery losses, debris removal, including demolition occasioned by enforcement of Applicable Laws, and extra expense losses subject in each case to sub-limits of coverage approved by the City of Dearborn. Deductible or self-insured retentions shall not be greater than $10,000.00 per occurrence. The Contractor shall pay the deductible portion of any loss or damage to the Work covered by the builders’ risk policy.

d) Workers Compensation Coverage: At a minimum, Workers Compensation Insurance as required by State of Michigan law, Michigan statutory coverage, or evidence of an exemption for sole proprietors or a State issued exemption for corporations, partnerships or LLCs who have three or less employees. Employer’s Liability limits of $500,000 each accident, $500,000 disease policy limit and $500,000 disease each employee.

Endorsement: The policy shall be endorsed to include a waiver of subrogation by the affording carrier in favor of the City of Dearborn.

e) Automobile Liability Coverage: If performance of this Contract requires use of motor vehicles licensed for highway use, Automobile Liability Coverage is required that shall cover all owned, INVITIATION TO BID 132836 Page 11 of 27 non-owned, and hired automobiles with a limit of not less than $1,000,000 combined single limit each accident.

f) Commercial Umbrella/Excess Liability: Commercial umbrella or excess liability coverage afforded over the general, automobile and employer’s liability for limits of not less than $3,000,000 per occurrence.

Endorsement: The policy shall be endorsed to include a waiver of subrogation by the affording carrier in favor of the City of Dearborn.

g) Cancellation Clause: Cancellation clause shall state not less than thirty (30) days.

It is incumbent upon the Contractor to affect all changes (additional insured, Primary/ noncontributory, and waiver of subrogation) indicated above to its insurance policy.

Insurance must be with an insurance company or companies licensed to conduct business in the State of Michigan that has an A.M. Best Company rating of A-, VII or better and is satisfactory to the City of Dearborn and the Wayne County Land Bank.

The demanded coverage that is to be afforded by the Contractor shall be primary and non-contributory in relationship to any and all insurance or self-administered SIR maintained and/or controlled by the City of Dearborn and its budgeted subdivisions.

Any contractors and/or subcontractors utilized by the awarded vendor must also comply with all of the City’s insurance requirements. The awarded vendor is solely responsible for ensuring that all contractors and/or subcontractors comply with the City’s insurance requirements.

The City reserves the right to require complete, certified copies of all required insurance policies at any time.

4) KEY PERSONNEL AND SUBCONTRACTORS: It is essential that the Contractor provides adequate experienced personnel and subcontractors, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.

a) The Contractor agrees that, once assigned to work under this contract, key personnel and subcontractors shall not be removed or replaced without written notice to the City and Wayne County Land Bank.

b) If key personnel and subcontractors are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City and Wayne County Land Bank, and shall if needed, subject to the concurrence of the City and Wayne County Land Bank, replace such personnel with personnel of substantially equal ability and qualifications.

c) The use of any subcontractor is subject to pre-approval by the City of Dearborn’s Contract Administrator and Purchasing Department and Wayne County Land Bank.

STANDARD TERMS AND CONDITIONS OF AGREEMENT

1) Assignment/Transfer: Assignment or transfer of the resulting contract without written consent of the City of Dearborn (Purchaser) may be construed by the Purchaser as a breach of contract sufficient to cancel this agreement at the discretion of the Purchaser.

2) Inspection: All goods and services shall be subject to inspection and approval by Purchaser at all reasonable times including inspection during manufacture. Inspection and approval by Purchaser at Contractor’s (Seller’s) plant does not preclude rejection for defects upon discovery by subsequent inspection. Any goods and services rejected by Purchaser shall be promptly repaired or replaced at

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Seller’s expense. Any and all costs incurred by Purchaser in connection with the return of goods rejected by Purchaser as defective shall be at Seller’s risk and expense.

3) FOB and Risk of Loss: All items must be FOB Destination and all freight charges must be included in the Bid unless otherwise indicated in this document regardless of FOB point, Seller agrees to bear all risks of loss, injury or destruction of goods and materials ordered herein which occur prior to delivery and acceptance; and such loss, injury or destruction shall not release Seller from any obligation hereunder.

4) Warranty: Seller warrants that it has good and merchantable title to the goods sold hereunder and that said goods shall conform to the descriptions and applicable specifications and samples. Such goods shall be of good merchantable quality and fit for the known purposes for which sold, and are free and clear of all liens and encumbrances. Seller and Purchaser agree that this order does not exclude, or in any way limit, other warranties provided for in this agreement or by law.

5) Excise and Sales Tax: The prices herein must not include any Federal excise taxes or sales taxes imposed by any State or Municipal Government. Such taxes, if included, must be deducted by the Seller when submitting invoice for payment.

6) Invoices: Invoices for goods must be submitted on date of complete shipment. Invoices for services must be submitted within 45 days after completion of Services. Payment will be delayed if the invoice fails to reference PO number, ordering department, unit prices, quantities, totals, and a full description of the order that matches the PO. Invoices may be emailed to ap@dearborn.gov and the Wayne County Land Bank Awistow@waynecountymi.gov The City’s preferred method of payment is by Automated Clearing House (ACH).

7) IRS Form W-9: Seller must have on file with the City of Dearborn and Wayne County Land Bank an IRS Form W-9 before Purchaser will issue any payment to Seller.

8) Compliance with Laws: Contractor represents and warrants that the performance of this order and the furnishing of goods or services required shall be in accordance with the applicable standards, provisions and stipulations of all pertinent Federal, State or City of Dearborn laws, rules, regulations, resolutions, and ordinances including but not limited to the Fair Labor Standards Act, the Equal Employment Opportunity rules and regulations, the Transportation Safety Act and the Occupational Safety and Health Acts.

9) Iran Economic Sanctions Act: Further, Contractor certifies it is in compliance with in the State of Michigan’s Iran Economic Sanctions Act and is not an Iran linked business. By signing this document, I certify and agree on behalf of myself and the company submitting this bid/proposal the following:

a) that I am duly authorized to legally bind the company submitting this bid; and

b) that the company submitting this bid is not an “Iran-linked business,” as that term is defined in

Section 2(e) of the Iran Economic Sanctions Act, being Michigan Public Act No. 517 of 2012; and

c) That I and the company submitting this bid will immediately comply with any further certifications or information submissions requested by the City in this regard.

10) Amendments: No amendment, modification or supplement to this contract shall be binding unless it is in writing and signed by authorized representatives of the parties.

11) Termination: When in the City of Dearborn’s best interest, the City of Dearborn may unilaterally cancel this agreement at any time, whether or not the Contractor is in default of any of its obligations hereunder.

Under any such cancellation, the Contractor agrees to waive any claim for damages, including loss of anticipated profit on account hereof. However, the City of Dearborn agrees that the Contractor shall be paid for items and/or services already accepted by City of Dearborn, but in no event shall the City of Dearborn be liable for any loss of profits on the order or portion thereof so terminated. Either party may terminate this agreement at any time for the failure of the other to comply with any of its material terms and conditions.

mailto:ap@dearborn.gov

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STANDARD TERMS AND CONDITIONS OF AGREEMENT (Cont.)

12) Waiver of Breach: No waiver by either party of any breach of any of the covenants or conditions herein contained performed by the other party shall be construed as a waiver of any succeeding breach of this same or of any other covenant or condition.

13) Records and Right to Audit: Whenever the City enters into any type of contractual arrangement including but not limited to lump sum contracts (i.e. fixed price or stipulated sum contracts), unit price, cost plus or time & material contracts with or without a guaranteed maximum (or not-to-exceed amounts), Contractor’s "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction at during normal business working hours. The City’s representative or an outside representative engaged by City may perform such audits. The City or its designee may conduct such audits or inspections throughout the term of this contract and for a period of Seven years after final payment or longer if required by law.

a) Contractor's "records" as referred to in this contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Document. Such records shall include (hard copy, as well as computer readable data if it can be made available), written policies and procedures; time sheets; payroll registers; cancelled checks; subcontract files (including bids of successful and unsuccessful respondents, bid recaps, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other contractor records which may have a bearing on matters of interest to the City in connection with rite contractor's dealings with the City (all foregoing hereinafter referred to as "records") to the extent necessary to adequately permit evaluation and verification of: a) contractor compliance with contract requirements, b) compliance with the City's Charter and policies, and c) compliance with provisions for pricing change orders, invoices or claims submitted by the contractor or his payees.

b) Contractor shall require all payees (examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this article by incurring the requirements hereof in a written contract agreement between Contractor and payee. Such requirements to include flow-down right of audit provisions in contracts with payees will also apply to Subcontractors and Sub- Subcontractors, material suppliers, etc. Contractor will cooperate fully and will cancel Related Parties and all of Contractor's subcontractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or in making available to the City from time to time whenever requested in an expeditious manner any and all such information, materials and data.

c) The City's authorized representative or designee shall have reasonable access to the Contractor's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this contract and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article.

d) If an audit inspection or examination in accordance with this Article, discloses overpricing or overcharges (of any nature) by the contractor to the City in excess of one-half of one percent (.5%) of the total contract billings the reasonable actual cost of the City's audit shall be reimbursed to the City by the Contractor. Any adjustments and/or payments which must be made as a result of any such audit or inspection of the contractor's invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the City's findings to Contractor.

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STANDARD TERMS AND CONDITIONS OF AGREEMENT (Cont.)

14) Complete Agreement: The parties agree that the conditions of purchase stated herein or attachments hereto set forth their entire agreement and there are no promises or understandings other than those stated herein, and that any prior negotiations between the Purchaser and Seller or terms or conditions of sales set forth in the Seller’s quotation or order or sales acknowledgement shall not constitute a part of the agreement between the Purchaser and Seller concerning this purchase. The term “agreement” as used in this clause shall include any future written amendments, modifications, or supplements made in accordance herewith.

15) Liability and Indemnity: Contractor agrees to protect, defend, reimburse, indemnify and hold the City of Dearborn, its officers, affiliates, employees and agents harmless at all times from and against any and all claims, liabilities, expenses, losses, demands, damages, fines and causes of action of every kind and character made, incurred, sustained or initiated by any party hereto, any party acquiring any interest hereunder, any agent or employee of any party hereto, any third or other party whomsoever, or any governmental agency, arising out of, incident to, or in connection with this contract, or in the performance, nonperformance or purported performance of the work or services or breach of the terms hereof, except when the City of Dearborn is solely at fault. The City of Dearborn is mindful that this demand for indemnity is more extensive than the corresponding liability coverage that the insurance industry may afford to satisfy this indemnification request.

16) Records: The City of Dearborn reserves the right to inspect all vendor documents relating to this agreement for up to three (3) years after expiration.

17) Insurance: The Contractor, at its own expense and in its own name must provide and keep in force during the term of this Agreement, insurance coverage with limits not less than indicated in the Special Instructions, Terms and Conditions for as otherwise agreed.

18) Noncompliance: Failure to deliver in accordance with specifications will be cause for the City of Dearborn to cancel the resulting contract or any part thereof and purchase on the open market, charging any additional cost to the Contractor.

19) Protection of Resident Workers: The City of Dearborn supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification and non-discrimination. The contractor is held responsible to establish appropriate procedures and controls so no services under this contract will be performed by any worker who is not legally eligible to perform such services. The City of Dearborn shall have the right to terminate the contract if the City determines that the contractor has failed to perform satisfactorily with respect to its employment practices in support of INA.

20) Non-Discrimination Clause: The respondent agrees not to discriminate against any employee or applicant for employment, to be employed in the performance of such contract, with respect to hire, tenure, terms, conditions or privileges, of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status. Breach of this covenant may be regarded as material breach of the contract as provided for in Act 220 and Act 453 of the Public Acts of 1976, as amended, entitled “Michigan Handicapper’s Civil Rights Act” and the Michigan Elliott Larson Civil Rights Act.” The respondent further agrees to require similar provisions from any subcontractors, or suppliers.

21) Subcontracting: The use of a subcontractor is subject to the approval of the City of Dearborn.

22) Use of the City Seal: Contractors are prohibited from using the official Seal of the City of Dearborn in this bid or in any other manner.

23) Legal Proceedings: Any legal proceedings shall be resolved in Michigan courts.

24) Federally Funded Purchases: Purchases using federal funds are subject to eligibility verifications through the System for Award Management (SAM) prior to award.

INVITIATION TO BID 132836 Page 15 of 27

REQUIRED FORMS

REQUIRED FORMS

BID FORM

EXCEPTIONS AND ALTERNATIVES FORM

BID PRICE FORM

REFERENCE FORM

BUSINESS INFORMATION QUESTIONNAIRE

BUSINESS INFORMATION QUESTIONNAIRE (Cont.)

SUBCONTRACTOR FORM

ETHICS IN CONTRACTING FORM

INVITIATION TO BID 132836 Page 16 of 27

BID FORM

Failure to complete this form may result in your Bid being deemed non-responsive and rejected without any further evaluation.

OFFER

TO: CITY OF DEARBORN:

The Undersigned hereby offers and agrees to furnish the goods and/or services in compliance with all terms, scope of work, conditions, specifications, and addenda in the Invitation to Bid.

ADDENDA:

The undersigned has read, understands and is fully cognizant of the Information to Respondents, Offer and Acceptance, all Exhibits thereto, together with any written addendum issued in connection with any of the above. The undersigned hereby acknowledges receipt of the following addendum(s): _____, _____, _____, _____ (write “none” if none). In addition, the undersigned has completely and appropriately filled out all required forms.

OBLIGATION:

The undersigned, by submission of this Bid Form, hereby agrees to be obligated, if selected as the

Contractor, to provide the stated goods and/or services to the City of Dearborn and the Wayne County

Land Bank, for the term as stated herein, and to enter into an Agreement with the City of Dearborn, in accordance with the Conditions, Scope and Terms, together with any written addendum as specified above (collectively referred to as the “Form of Agreement”).

COMPLIANCE:

By submitting this Bid Form, the Respondent represents that: 1) the Respondent is in compliance with any applicable provisions of the City of Dearborn’s Charter, and 2) if awarded a contract to provide the

Construction, Goods or Services required in the RFP, the Respondent will comply with the City of

Dearborn’s Charter and Code of Ordinances. These documents can be found on the City of Dearborn’s website on the City Clerk’s page.

NONCOLLUSION:

The undersigned, by submission of this Bid Form, hereby declares that this Bid is made without collusion with any other business making any other Bid, or which otherwise would make a Bid.

INVITIATION TO BID 132836 Page 17 of 27

BID FORM (Cont.)

BID PRICE:

The undersigned agrees to abide by the pricing contained on the Bid Price Form. I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder:

Company Name For clarification of this offer, contact:

Name:

Address

Phone:

City State Zip

Fax:

Signature of Person Authorized to Sign

Email:

Printed Name

Accounting Contact person:

Title

Phone: Fax Date

ACCEPTANCE OF OFFER:

(TO BE COMPLETED BY THE CITY OF DEARBORN)

The offer is hereby accepted for the restoration services as specified herein with a total, not-to-exceed value of

The Contractor is now bound to sell the items listed in this RFP in accordance with all of the RFP’s terms, conditions, specifications, amendments, etc. and the Contractor's offer is accepted by the City of Dearborn.

This contract shall henceforth be referred to as . The Contractor has been cautioned not to commence any billable work or to provide any material or service under this contract until receiving a purchase order and/or a written notice to proceed from the City of Dearborn.

COUNTERSIGNED:

Abdullah H. Hammoud, Mayor Date

APPROVED AS TO FORM BY:

City of Dearborn Corporation Counsel Date

If the total dollar value of this solicitation is below the City of Dearborn Council threshold, the Mayor and Corporation Council Signatures are not required. A Purchase Order will serve as the notice of acceptance/notice to proceed and will be subject to all terms and conditions as stated in this document.

INVITIATION TO BID 132836 Page 18 of 27

EXCEPTIONS AND ALTERNATIVES FORM

Bidders are to comply with all requirements of this solicitation, otherwise the proposal may be deemed non-responsive. Exceptions may be considered if they are presented with the proposal and if the City determines that the exception does not materially alter the intent of this solicitation or that it exceeds the requirements of this solicitation.

No Exceptions Taken

Exceptions Taken – See attached*

*Please note that if any exceptions are taken, all required information must be submitted as an attachment

In the event the Bidders take exception to any language in this solicitation, they may set forth alternatives by presenting each exception separately by stating:

a) The specific item or clause for which an exception is requested (citing the page and item number).

b) The suggested change to the exception, inclusive of proposed new language if applicable.

c) An explanation as to how the proposed change would benefit the City and/or why the exception is necessary.

d) For products bid as “equals,” Bidder must include specifications when submitting a bid. Failure to submit specifications may result in your bid being deemed non-responsive and rejected without further evaluation.

Except as indicated above, Respondent is in complete agreement with this entire RFP including all of the terms, conditions, and business arrangements described herein.

By

(Authorized Signature) Date

(Title)

INVITIATION TO BID 132836 Page 19 of 27

BID PRICE FORM

Provide not-to-exceed, all-inclusive costs for completion of the scope of work specified herein:

Base Bid: plans and specifications total costing amount

Breakout Fees below

CM Fees $

General Conditions $

All Demo $

Carpentry

Painting $

Flooring $

HVAC

Plumbing $

INVITIATION TO BID 132836 Page 20 of 27

Electrical $

Value Engineering $

Add Items $

Add Items $

Add Items $

Completion guaranteed days form notice to proceed

*All pricing shall be FOB destination and include any/all miscellaneous charges*

*The City will not be responsible for any additional charges/fees under this contract*

INVITIATION TO BID 132836 Page 21 of 27

REFERENCE FORM

1. Client Name: Title:

Client Contact Email

Contact Phone Number:

Services performed from and to (dates):

2. Client Name: Title:

3. Client Name: Title:

INVITIATION TO BID 132836 Page 22 of 27

BUSINESS INFORMATION QUESTIONNAIRE

NAME OF COMPANY

PRINCIPAL OFFICE ADDRESS

TELEPHONE NUMBER

DUNS # AND/OR CCR #______________________________________________________________

FORM OF OWNERSHIP (Check One)

Corporation ( ) LLC ( ) Joint Venture ( )

State of Incorporation/Registration Date of Incorporation/Registration

Partnership ( ) If Partnership, select one of the following: Limited ( ) or General ( )

Individual ( )

LIST OF PARTNERS, PRINCIPALS, CORPORATE OFFICERS OR OWNERS

Name Title

LIST OF CORPORATE DIRECTORS

Principal Business Affiliation

Name Other Than Bidder Directorship

HAS YOUR COMPANY OPERATED UNDER ANY DIFFERENT NAMES IN THE PAST FIVE (5) YEARS?

YES / NO IF YES, PLEASE IDENTIFY THE NAME(S) UNDERWHICH YOUR COMPANY HAS

OPERATED:

INVITIATION TO BID 132836 Page 23 of 27

BUSINESS INFORMATION QUESTIONNAIRE (Cont.)

ADDITIONAL INFORMATION REQUIRED BY THE CITY OF DEARBORN

LIST OF PRINCIPAL STOCKHOLDERS (i.e., those holding 5% or more of the outstanding stock)

Name Address

FINANCIAL DISCLOSURE/CONFLICTS OF INTEREST: Identify any contract(s), including any contract involving a personal, familial, employment or consulting relationship, which the firm, or its partners, principals, corporate officers or owners currently has with the City of Dearborn, or with any of its council members or officers.

LATEST CREDIT RATING (Specify if other than Dun and Bradstreet)

I hereby certify that the foregoing business information is true, correct and complete to the best of (my/our) knowledge and belief:

(Name of Company)

(Signature) Date

(Signature) Date

INVITIATION TO BID 132836 Page 24 of 27

SUBCONTRACTOR FORM

Are there any subcontractors to be utilized under this contract?

YES - You must complete both pages.

NO - You must complete only this page.

ACKNOWLEDGED BY:

Firm:

Name: Title:

(Authorized Representative)

Signature: Date:

INVITIATION TO BID 132836 Page 25 of 27

SUBCONTRACTOR FORM (Cont.)

(If you have more than one Subcontractor, make additional copies as needed)

Prime Contractor

State relationship, if any, between Prime Contractor and each Subcontractor:

NOTE: Both the Prime Contractor/Consultant and Subcontractor must sign this form appropriately.

Subcontractor: Fed Tax ID

Address: P.O. Box

City: County State Zip:

Phone:( ) Fax:( )

Owners/Partners/Corporate Directors/Principal Stockholders (>5% stock holdings):

Work to perform:

Subcontract Amount $ Percent of Contract %

ACKNOWLEDGED BY:

I acknowledge that all the above information has been completely filled out and is true.

SUBCONTRACTOR

Authorized Signature Name & Title Date

I acknowledge that all the above information has been completely filled out and is true.

PRIME CONTRACTOR

Authorized Signature Name & Title Date

INVITIATION TO BID 132836 Page 26 of 27

ETHICS IN CONTRACTING FORM

• This form must be completed by a person holding a key position in the business, such as an officer, director, trustee, partner, senior engineer or sales manager and have influence in making this bid or response or in performing the contract if the City of Dearborn (City) awards it to your business.

• Please fill out this form to the best of your knowledge and belief.

• Detach and make additional copies of this form if needed.

• If you are unsure about what to disclose, contact the Purchasing Division at (313) 943-2375.

• You are not required to question family members beyond what you already know of their affairs.

• Submit this form with your bid/quote/proposal. A copy will be kept on file by the Purchasing Agent.

• If you fail to fully disclose the required information below, the City may terminate your contract if your business is awarded one.

• If you are awarded a contract and changes occur that would impact your responses below, it is your responsibility to update and resubmit this form.

1. Are you a City employee or an immediate family member of a City employee? Yes No

If Yes: Name: _________________________Relationship:_________________ Department: ____________________Title:________________________

2. Without any further inquiry, are you aware if your business has employed a City employee or an immediate family member of a City employee within the previous twelve (12) months? Yes No

If Yes: Name of Employee: ___________________________________________ Department: _____________________Title:________________________

3. Without any further inquiry, are you aware if your business has discussed hiring a City contract manager or an…