Snow Plowing _ Snow Removal Bid #26-1015.pdf

ADVERTISEMENT

CITY OF BAY CITY

SEALED BID REQUEST

SNOW PLOWING & SNOW REMOVAL BID #26-1015

Bids must be received in the Purchasing Department prior to 2:00 p.m. on the bid due date. All bids received after 2:00 p.m. on the bid due date will be returned to the bidder unopened.

Bids Due: Wednesday, October 15, 2025

Mark Sealed Bid Envelope: Snow Plowing & Snow Removal Bid #26-1015

The City of Bay City is soliciting sealed proposals for: Snow Plowing & Snow Removal Bid #26-

To obtain an official copy of the bidding documents, please visit www.BidNetDirect.com.

Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system for any Addendums that may have been issued.

Sealed bids will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, MI, until 2:00 p.m. on Wednesday, October 15, 2025

All bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, October 15, 2025, for the Snow Plowing & Snow Removal Bid #26-1015 all in accordance with the Bidding Documents, and as otherwise set forth herein.

Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.gov). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

The City of Bay City has absolutely reserved the right and prerogative to reject any or all bids as well as to waive any irregularities and informalities. The award of the contract, if it is awarded, will be to a responsible and responsive Bidder whom the City Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project.

NOTE: The City of Bay City does not accept sealed bids via fax or e-mail.

CHECK LIST BEFORE SUBMITTING BID

YES

• Before the bid due date, it is the vendor’s responsibility to check the BidNet Direct bid system for any Addendums that may have been issued www.bidnetdirect.com.

The full addendum document and any other items noted as such must be returned and included with your sealed bid

• Is the Quotation Request signed by an authorized representative of your company?

• Did you submit your proposal using the Proposal Form that is part of the bidding documents?

• If applicable, did you read the sample contract/agreement and understand that if you are awarded the contract that the contract will be finalized to include description of work, term and economic specifics of this bid. Do you also understand that the standard terms contained in the sample contract/agreement are in final form (i.e. liability, indemnity, insurance) and not subject to further negotiation.

• Did you fill out and submit the debarment certification?

• Are you submitting your original bid plus One (1) COPY as required?

• If your bid is over $50,000.00, do you have a bid security deposit WAIVED in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check (If applicable) Multiple year bids must be added together to get your total bid amount If submitting an alternate bid along with your original bid, only one (1) of the above-mentioned items is required.

NOTE: An original bid bond, certified check, bank draft, bank money order or cashier’s check in the amount of five percent (5%) of the total amount of the bid must be submitted with any bid in excess $50,000.00.

Facsimiles or copies of a bid bond will not be accepted and the bid will be deemed non-responsive.

• Is your business Bay City based and eligible under the Local Purchasing Preference Policy?

If yes, has your business submitted an executed Local Vendor

Affidavit this calendar year? The Local Vendor Affidavit can be found on the City of Bay City’s website at www.baycitymi.gov under Purchasing.

• Is the outside of your envelope/package labeled properly including the bid number?

Pursuant to the Charter of the City of Bay City, written contracts involving the expenditure of $50,000.00 or more shall require the approval of City Commission. The mayor shall have the power to veto any ordinance, resolution, motion, order or other action of the commission within five business days after its passage (Article 4, Section 4.3). The contract must be signed by the mayor and clerk. No employee has the authority to bind the City to any contract.

http://www.bidnet/ http://www.baycitymi.gov/

CITY OF BAY CITY

Purchasing Department QUOTATION REQUEST 301 Washington Avenue Bay City, MI 48708

Date: September 26, 2025

Sealed bids must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, October 15, 2025

BIDS not complying with above will be REJECTED and returned to bidder unopened.

BIDDER:

________________________________ Prices for sealed bid must be stated on the Proposal ________________________________ Form of this bid package. If not interested or unable ________________________________ to bid, please RETURN the Statement of No Bid.

Susan Carmien, CPPB, Purchasing Manager Susan Carmien, CPPB, Purchasing Manager

PLEASE NOTE:

• ALL ITEMS LISTED AS “REQUIRED WITH SUBMISSION” AND “REQUIRED WITH SUBMISSION

REGARDLESS OF ANY PREVIOUS SUBMISSIONS” MUST BE IN BID PACKET AND IF ANY ARE MISSING

THE BIDDER’S BID PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed bids for Snow Plowing & Snow Removal Bid #26-1015

All sealed bids are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, October 15, 2025

ALL ITEMS LISTED AS REQUIRED WITH SUBMISSION MUST BE INCLUDED WITH BID PACKET

All respondents must conform to the following:

Quotation Request…………………………………………………..…………………..Required with submission

Proposal Form…………………………...………………………………………………Required with submission

Specifications/Scope of Work

Addendum(s) (if issued)………………………………………………………….……..Required with submission

Non-Collusion Affidavit…………………………………………………….…………..Required before final award regardless of any previous submissions

Non-Iran Linked Business Affidavit………………………………………….……….. Required before final award regardless of any previous submissions

Instructions to Bidders

Debarment Certification.………………………………………………………….……..Required with submission

Bonds

• Bid (ORIGINAL Bid Bond if bid is $50,000.00 or more (See Instructions to Bidders) WAIVED

Sample Contract NON-NEGOTIABLE (bid will be deemed non-responsive if vendor cannot agree to terms and conditions)

Statement of No Bid (only if applicable)

One original and one copy of bid………………………………………………………....Required with Submission

**Before the bid due date, it is the bidder’s responsibility to check the BidNet Direct bid system for any Addenda that may have been issued.**

Any questions regarding this bid must be submitted in writing to the Purchasing Department via e-mail no later than 3:00 p.m. one

(1) week prior to bid opening.

Susan Carmien, CPPB Purchasing Manager scarmien@baycitymi.gov (989)894-8115

If awarded the bid, and a contract is fully executed, we hereby agree to furnish and invoice above listed materials or services delivered or performed in accordance with the City of Bay City’s specifications, requirements and terms as specified herein at prices specified.

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

PROPOSAL FORM

Midland Street Business District

Description Year 1 Year 2 Year 3

Plowing Municipal Parking Lots (per trip)

Salt (Parking Lots) (per application)

Bobcat (snow removal) (per hour)

Dump Truck (snow removal) (per hour)

Tandem Truck (snow removal) (per hour)

Loader (snow removal) (per hour)

Snow Blowing Pre-Determined Sidewalks (per trip)

Salt (Sidewalks) (per application)

Columbus Avenue Business District

Description Year 1 Year 2 Year 3

Plowing Municipal Parking Lots (per trip)

Salt (Parking Lots) (per application)

Bobcat (snow removal) (per hour)

Dump Truck (snow removal) (per hour)

Tandem Truck (snow removal) (per hour)

Loader (snow removal) (per hour)

Snow Blowing Pre-Determined Sidewalks (per trip)

Salt (Sidewalks) (per application)

*The City reserves the right to award contract as a whole or as separate contracts in regard to the seven (7) Midland Street Business District public parking lots and predetermined Midland Street sidewalks, one (1) Columbus Avenue Business District public parking lot and predetermined Columbus Avenue sidewalks.

Name of Company: ________________________________

Signature: ________________________________

Date: ________________________________

Phone: ________________________________

Email: ________________________________

SPECIFICATIONS

Municipal Parking Lots - Midland Street Business District

SCOPE OF SERVICES:

1. The contractor shall plow snow from the seven (7) municipal parking lots located in the Midland Street Management Board district (see attached map). These parking lots are located at the:

a. Northeast Corner of Henry Street and John Street

b. Northwest corner of Henry and John Street

c. Southeast corner of Linn and Vermont Street

d. Southwest corner of Linn Street and Vermont Street

e. Northwest corner of Midland Street and the on-ramp to Liberty Bridge

f. Northwest corner of Midland Street and Dean Street end of John Street

2. Every effort shall be made to plow snow at night between the hours of 2:00 AM and 8:00 AM.

3. Snow shall be removed when it reaches a depth of more than two (2) inches.

4. The City of Bay City may call upon the contractor to remove and dispose of snow from the public parking lots and along the street right-of-way. The contractor shall employ the necessary equipment such as a bobcat, single truck, tandem truck, loader, etc.

5. The contractor may be called upon to apply salt to specified areas.

6. The contractor shall supply a sufficient number of skilled and trained employees to complete all work in a safe and workmanlike manner in accordance with the time frames set forth and maintain all equipment and machinery necessary to accomplish the removal of snow in a timely manner.

7. The contractor shall comply with all federal, state and local health, safety, and accident prevention laws, codes, regulations and ordinances which in any manner apply to the conduct of the work and operations.

8. The contractor shall keep its equipment and machinery in good working condition throughout the term of the Agreement and shall operate said machinery and equipment in strict accordance with the manufacturer’s instructions and all federal, state and local safety laws, regulations, codes and ordinances.

Public sidewalks around city owned parking lot

1. Remove snow with snow blowers or any other equipment as necessary from all public sidewalks around city owned parking lot.

2. Snow shall be removed when it reaches a depth of more than three (3) inches.

Municipal Parking Lot – Columbus Avenue Business District

1. The contractor shall plow snow from the one (1) municipal parking lot located in the Columbus Avenue Management Board District. The parking lot is located at the NE Corner of Columbus Avenue and Sherman Street, known as 1201, 1207, and 1209 Columbus Avenue.

2. Every effort shall be made to plow snow at night between the hours of 2:00 AM and 8:00 AM.

3. Snow shall be removed when it reaches a depth of more than three (3) inches.

4. The City of Bay City may call upon the contractor to remove and dispose of snow from the public parking lots and along the street right-of-way. The contractor shall employ the necessary equipment such as a bobcat, single truck, tandem truck, loader, etc.

5. The contractor may be called upon to apply salt to specified areas.

6. The contractor shall supply a sufficient number of skilled and trained employees to complete all work in a safe and workmanlike manner in accordance with the time frames set forth and maintain all equipment and machinery necessary to accomplish the removal of snow in a timely manner.

7. The contractor shall comply with all federal, state and local health, safety, and accident prevention laws, codes, regulations and ordinances which in any manner apply to the conduct of the work and operations.

8. The contractor shall keep its equipment and machinery in good working condition throughout the term of the Agreement and shall operate said machinery and equipment in strict accordance with the manufacturer’s instructions and all federal, state and local safety laws, regulations, codes and ordinances.

Public Sidewalks – 1201, 1207, and 1209 Columbus Avenue (adjacent to Municipal Parking Lot) and 308 Columbus Avenue (adjacent to Columbus Park), Columbus Avenue Business District

1. Remove snow with snow blowers or any other equipment as necessary from all public sidewalks at 1201, 1207, and 1209 Columbus Avenue (Columbus Avenue and Sherman Street sidewalks adjacent to municipal parking lot). The contractor shall also remove snow from the sidewalks adjacent to Columbus Park which fronts Washington Avenue, Columbus Avenue, and Fitzhugh Street, known as 308 Columbus Avenue.

2. Snow shall be removed when it reaches a depth of more than three (3) inches.

INSPECTION OF THE WORK AND CANCELLATION

The City of Bay City reserves the right to inspect the work being done or services performed by the contractor at any time. The City may, upon ten (10) days written notice to the contractor, terminate the Agreement for non-performance, non-compliance, unsatisfactory performance or other default or failure to perform this Agreement, as may be determined by the City. Notwithstanding the above, either party may terminate this Agreement upon delivery of a ten (10) day written notice of its intent to terminate. Delivery of such notice shall be by personal delivery or by certified mail, return receipt requested.

Columbus Park

308 Columbus Avenue

Sidewalk Sid e w alk

Columbus Avenue Management Board

Columbus Park Sidewalks

Non-Collusion Affidavit

_________________________________________(Bidder's Name), being first duly sworn, deposes and says that he or she is _________________________________(Title) of _______________________________________(Contractor Name), the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

Non-Iran Linked Business Affidavit

By signing below, I certify and agree on behalf of myself and the company submitting this proposal the following: (1) that I am duly authorized to legally bind the company submitting this proposal; (2) that the company submitting this proposal 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, (3) that I and the company submitting this proposal will immediately notify the City should there be a change of status during the term of any contract with the City and will supply any further information requested by the City in this regard.

(Date) Authorized Representative Signature Bidder Name (Person, Firm, Corp.) Representative’s Name

Address Representative's Title

Agency, State, Zip Code

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

1 (Revised 06/2016)

INSTRUCTIONS TO BIDDERS

Sealed Proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, Michigan, until 2:00 p.m. on Wednesday, October 15, 2025. All Bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, October 15, 2025, for the Snow Plowing & Snow Removal Bid #26-1015, all in accordance with the Bidding Documents and as otherwise set forth herein. An abstract of the Bids will be made available to Bidders.

Each Bid must be submitted in a sealed envelope, addressed to the Purchasing Department, City

Hall, 301 Washington Avenue, Room 304, Bay City, Michigan 48708. Each sealed envelope containing a

Bid must be plainly marked on the outside as Bid for the Snow Plowing & Snow Removal Bid #26-1015, and the envelope should bear on the outside the name of the Bidder, its address, and its license number, if applicable.

BIDDING DOCUMENTS

Bidding Documents include the Bidding Requirements and the Contract. The Bidding

Requirements consist of the Quotation Request, Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, if applicable, Scope of Services, if applicable, the Proposal Form, and other bidding and contract forms. The Bidding Documents shall also consist of the drawings, plans, specifications, and all addenda issued prior to execution of the Contract, if applicable.

All items listed as a submittal on the Quotation Request form MUST be included in the bid response.

BIDDER'S REPRESENTATIONS

The Bidder, by making a Bid, covenants, warrants and represents that:

1. The Bidder has read and understands the Bidding Documents, including all addenda, and the

Contract.

2. The Bid is based upon all of the requirements of the Bidding Documents, without exception.

3. The Bidder has disclosed to City any material errors or omissions in the Bidding Documents known to or discovered by Bidder.

BIDDING PROCEDURES

Form and Style of Bids.

Bids shall be submitted on the Quotation Request form included with the Bidding Documents. All blanks on the Quotation Request form shall be filled in by typewriter or manually in ink. Interlineations, alterations and erasures must be initialed by the signer of the Bid. All requested alternates shall be bid and if no change in the Base Bid is required, enter "No Change". The Bid shall be for the work and materials required by the Bidding Documents and any Bid not in strict compliance therewith may be rejected as not responsive.

2 (Revised 03/2023)

If the Bidder discovers any errors or omissions in the specifications or in the work to be undertaken and executed by it, the Bidder shall immediately notify the Purchasing Agent. If, with the knowledge of such error or omission and prior to the correction thereof, the Bidder proceeds with any work affected thereby, the Bidder shall do so at its own risk and the work so done will not be considered as work done under and in performance of the agreement.

Basis on Which Bids are Solicited.

Bids are solicited on the basis of unit prices for certain items set forth in the form of proposal and described in the specifications. Bidder may propose a lot price, so long as it clearly identifies its Bid as such on the Quotation Request. Prices shall be stated total sum based upon the unit price and quantity specified in the bid document. If there is an error in computing the total sum then the unit price shall govern. Any general reference made in the bid specifications to a manufacturer's make, model or catalog number is intended to identify specifications as to type and quality of equipment required, but, unless otherwise stated, is not intended to preclude the use of any other make of equipment equal in performance and quality. Any other manufacturer's equipment which is capable of accomplishing the intended purpose and is equal in performance and quality may be considered. Bidder shall be responsible for all sales, use, excise, transportation or other taxes, charges, costs, fees or expenses applicable to any of the materials or goods which are a part of the Bid. Bidder shall be responsible to obtain and pay for all permits and licenses as well as all inspections and approvals which are required for the work covered by the Bidding Documents.

WAIVED Bid Security.

Each Bid which exceeds Fifty Thousand and No/100 ($50,000.00) Dollars for the term of the

Contract must be accompanied by a bid security deposit in the form of an ORIGINAL bid bond, certified check, bank draft, bank money order, or cashier’s check drawn upon a bank in good standing, for a sum of not less than five (5%) percent of the amount of the Bid as a guarantee on the part of the Bidder that it will, if called upon to do so, enter into a Contract in the attached form, to do the work covered by the Bid and at the prices stated therein, and to furnish acceptable surety for its faithful and entire fulfillment. The bid security deposit bid bond, certified check, bank draft, bank money order, or cashier’s check shall be made payable to the City of Bay City, Michigan, and shall be subject to the conditions specified in the Request for Proposal, Instructions to Bidders and Bidding Documents. Should the Bidder refuse to enter into the Contract or fail to furnish the required bonds and/or certificates or policies of insurance, the bid security deposit shall be forfeited to the City of Bay City.

After Bidders have submitted Bids, they shall not modify, withdraw or cancel their Bid for a period of sixty (60) days from the opening of Bids. All sums deposited with the Bids will be held by the

City of Bay City until all Bids have been canvassed and a Contract is awarded and executed, and all bonds and insurances furnished and approved. At the expiration of sixty (60) days from the opening of Bids, any

Bidder may withdraw its Bid and all sums deposited with the Bid will be returned to Bidder. The City of

Bay City may, in its sole and absolute discretion, release any Bid and return the bid security prior to that date.

Qualifications of Bidders.

To demonstrate its qualifications for the Project, the Bidder must submit, if requested, or be prepared to submit upon demand a sworn statement of the Bidder's legal organization, licensing and qualification to do business, including year organized and/or incorporated and the names and address of officers, partners, shareholders or anyone owning an interest in the entity, background and experience of the principals of Bidder, including a list of work of a similar nature to that covered in the Proposal which has been completed by or is in progress by the Bidder and the year in which the work was done; the principal

3 (Revised 03/2023) items of equipment owned by the Bidder which he proposes to use on this Project; a list of trade and bank references; and a financial statement evidencing the financial ability to successfully complete the specified

Work. Such sworn statement shall, as requested, be provided to City of Bay City with the Bid, as early as seven (7) days before the date the Bids are opened or within the sixty (60) day period during which the Bids may remain open.

CONSIDERATION OF BIDS

Rejection of Bids.

The City of Bay City has absolutely reserved to itself the right and prerogative to reject any or all

Bids, to reject a Bid not accompanied by required bid security or other documentation or data required by the Bidding Documents, or to reject a Bid which is in any way incomplete, irregular, not responsive or not responsible. Any bid received by the Purchasing Department after 2:00 p.m. Eastern Standard Time (EST) on the date first set forth above will be rejected and returned to the bidder unopened.

Local Preference Policy

The City of Bay City utilizes a Local Preference Policy in order to encourage local vendors to provide goods and/or services to Bay City Government. Copies of this policy and the required qualifying affidavit are available on the City of Bay City web site (www.baycitymi.org). Vendors seeking to qualify as local vendors may submit an executed affidavit on an annual basis or return the executed affidavit along with their bid submission. The City of Bay City may, in its sole discretion, accept and consider an affidavit from a vendor seeking to qualify as a local vendor at any time.

Award of Contract.

The award of the Contract, if it is awarded, will be to a responsible and responsive Bidder whom the City Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project. The City of Bay City reserves the right to waive informalities or irregularities in any Bid. No contract will be awarded until the City of

Bay City has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidder to do the work in accordance with the Bidding Documents and Contract to the satisfaction of the City of Bay City within the time prescribed. The City of Bay City reserves the right to reject the Bid of any Bidder who does not pass such investigations to the City of Bay

City's satisfaction. In analyzing Bids, the City of Bay City may take into consideration alternates and unit prices, if requested by the bid forms. In accordance with city ordinance, City Commission may give preferential consideration to manufacturers, retailers, wholesalers or service providers located within the

City of Bay City. The Bidder shall execute a Contract in the form which is included in the bidding documents if it is the successful bidder. The City of Bay City will endeavor to post the bid tabulation results and the anticipated City Commission meeting date for consideration of Contract award on the Bay City web site (www.baycitymi.org) by 5:00 p.m. EST on the day following bid opening. It is the responsibility of the Bidder to monitor the website for any changes to Commission meeting scheduling.

POST-BID INFORMATION

No later than ten (10) days after notification of selection for the award of a contract, the Bidder may be required to establish to the satisfaction of the City of Bay City the reliability and responsibility of http://www.baycitymi.org/

4 (Revised 03/2023) the persons or entities proposed to furnish and perform the work described in the Bidding Documents, if it is proposed to be performed using other than the Bidder's own forces. If the head of the department inviting bids has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The City of Bay City may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, the bid security will not be forfeited. Persons and entities proposed by the Bidder and to whom the City of

Bay City has made no reasonable objection must be used on the work for which they were proposed and shall not be changed except with the written consent of the City of Bay City.

Payment Terms.

Unless otherwise provided in the Contract, the City of Bay City’s payment terms are Net 60 days for approved invoices. Payment by the City of Bay City to the Bidder shall not constitute a waiver or release of the City of Bay City’s right to assert any claim against the Bidder.

WARRANTIES AND PATENTS

Warranty Specifications.

Bidder expressly warrants that all the materials and articles covered by its Bid or other description or specification furnished by the City of Bay City will be in exact accordance with the order, description or specification and free from defects in material and/or workmanship, merchantable, and fit for its intended purpose. Bidder also warrants that all machinery, equipment, materials, furnishings and other products which are part of the work covered by the Bidding Documents will be installed and/or incorporated in the work in strict accordance with the manufacturer’s and/or supplier’s instructions and requirements. The preceding warranties shall survive delivery and installation, and shall not be deemed waived either by reason of the City of Bay City's acceptance of the materials or articles or by payment for them. Any deviations from the Bidding Documents, or any other exceptions or alterations, must be approved in writing by the City of Bay City's Purchasing Agent.

Compliance with Law.

Bidder covenants and agrees that it will comply with all applicable federal, state and local laws, statues, ordinances, rules and regulations, including OSHA and MIOSHA, concerning or relating to the materials, machinery, equipment and/or goods to be sold or provided to the City of Bay City in its Bid.

Patents.

Bidder covenants and warrants that the materials, articles and goods [“product”] purchased hereunder do not infringe upon any letters patent granted by the United States, and Bidder covenants and agrees to hold the City of Bay City, and its successors, assigns, customers and users of the product, harmless against any claim or demand based upon such infringement, and after notice, to appear and defend at its own expense any suits at law or in equity arising therefrom.

5 (Revised 03/2023)

EEO COMPLIANCE AND PREVAILING WAGES

Non-Discrimination in Employment.

Bids for work under Request for Proposal shall obligate the Bidders not to discriminate in employment practices in accordance with section 66-54 of the Bay City Code of Ordinances. Bidder covenants that neither it or its subcontractor shall discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of the Contact. If required and included in the Quotation

Request, Bidders must submit with their initial bid a signed ESSENTIAL EQUAL EMPLOYMENT

OPPORTUNITY INFORMATION statement which is included in the specifications. Successful Bidders must be prepared to comply in all respects with the Contract provisions regarding non-discrimination.

Prevailing Wages and Fringe Benefits.

The payment of prevailing wages and fringe benefits for construction mechanics will be required if the proposed project is financed in whole, or in part, with state or federal funds. Bidder/Contractor is solely responsible for making diligent inquiry and determining if the payment of prevailing wages and fringe benefits for construction mechanics is required for the project.

INSURANCES AND BONDS

Upon award the Bidder shall purchase and maintain the insurances that are appropriate for the goods, services and work being performed and furnished, including materials, which will provide protection from all claims which may arise out of, result from or be caused by Bidder's performances, work, the furnishing of goods or materials and/or Bidder's other obligations under the Bidding

Documents and Contract, whether it is to be performed or furnished by Bidder, by any Subcontractor or

Supplier, by anyone directly or indirectly retained, consulted or employed by any of them to perform or furnish any of the work, or by anyone for whose acts any of them may be liable. ALL POLICIES OF

INSURANCE, AND THE CERTIFICATES OR OTHER EVIDENCE THEREOF, SHALL CONTAIN

AN ENDORSEMENT THAT THE COVERAGE AFFORDED WILL NOT BE CANCELLED,

MATERIALLY CHANGED OR RENEWAL REFUSED UNTIL AT LEAST THIRTY (30) DAYS'

PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO CITY OF BAY CITY BY CERTIFIED MAIL.

All insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective work or materials. All insurances shall be obtained from companies licensed and admitted to do business in the State of Michigan.

Upon award the bidder shall provide the bonds and insurances (for the specific coverages and limits of liability) which are indicated below or as otherwise required in the Bidding Documents:

Guarantee Bonds.

The Bidder shall furnish a surety bond in the amount at least equal to 100% of the Contract Price as security for faithful performance of this Contract. The Bidder shall also furnish a separate surety bond in an amount at least equal to 100% of the Contract Price as security for payment of all persons performing labor and furnishing materials in connection with this Contract. Premium for the bonds described above shall be paid by the Bidder. The surety of the bond shall be a duly authorized surety company satisfactory to the City of Bay City. The surety of the bonds shall furnish with the bonds a "Certificate of Authority of

6 (Revised 03/2023) the Surety Company" to do business in the State of Michigan. The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.

Alternate Insurance.

See enclosed contract for insurance coverage requirements, additional insurance requirements are as indicated below.

X Worker's Compensation Insurance.

Workers' Compensation insurance including Employer's Liability to cover employee injuries or disease compensable under the Workers' Compensation Statutes of Michigan, or federal compensation acts, if applicable. Self-insurance plans approved by the regulatory authorities in Michigan are acceptable.

X Comprehensive General Liability.

A Comprehensive General Liability policy in the amount of $500,000 for injuries including accidental death to any one person, and $1,000,000 for injuries including accidental death resulting from one accident;

property damage in the amount of not less than $500,000 per accident and the same amount in the aggregate, including the following exposures:

A. All premises and operations;

B. Explosion, collapse and underground damage (whenever work under the Bid involves such hazard);

C. Contractor's Protective coverage for independent contractors or subcontractors employed by him;

D. Contractual Liability for the obligations assumed in the Indemnification or hold harmless agreement found in the Contract;

E. Personal Injury Liability endorsement with no exclusions pertaining to employment; and

F. Products and Completed Operations coverage. This coverage shall extend through the contract guarantee period.

X The City of Bay City shall be named as an additional insured as follows:

IT IS UNDERSTOOD AND AGREED THAT THE FOLLOWING

SHALL BE ADDITIONAL INSUREDS: THE CITY OF BAY CITY,

MICHIGAN, AND ITS ELECTED AND APPOINTED OFFICIALS,

ALL EMPLOYEES AND VOLUNTEERS, ALL BOARDS AND

COMMISSIONS AND/OR AUTHORITIES AND THEIR BOARD

MEMBERS, EMPLOYEES, AND VOLUNTEERS.

AS IT RELATES TO THE WORK AND OBLIGATIONS SET

FORTH IN THE CONTRACT, THIS COVERAGE SHALL BE

PRIMARY TO THE ADDITIONAL INSUREDS, AND NOT

CONTRIBUTING WITH ANY OTHER INSURANCE OR

SIMILAR PROTECTION AVAILABLE TO THE ADDITIONAL

INSUREDS, WHETHER THE OTHER AVAILABLE COVERAGE

BE PRIMARY, CONTRIBUTING OR EXCESS.

7 (Revised 03/2023)

X Comprehensive Automobile/Vehicle Liability.

A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the operation, ownership, maintenance or use of any motor vehicle, including owned, non-owned and hired vehicles. The Comprehensive Auto Liability shall be written in the minimum amounts of

$500,000 for injuries including accidental death to any one person and $1,000,000 for injuries including death resulting from any one accident. This policy must also provide $500,000 property damage coverage.

Pollution Liability Insurance.

The minimum limit is $500,000 per claim for bodily injury or property damage from pollution caused by any negligent act or omission of Bidder, its employees, agents or subcontractors during the performance of the Contract.

Umbrella or Excess Liability.

The Bidder shall provide an Excess or Umbrella Liability policy in the amount of $1,000,000.

Umbrella or Excess policy wording shall be at least as broad as the primary or underlying policy(ies) and shall apply both to the Bidder’s general liability and its automobile liability insurance.

Professional Liability.

The Bidder shall purchase and maintain Professional Liability insurance which shall protect the

City of Bay City from any negligent act or omission of the Bidder, its employees and agents, in its performances and obligations under this Contract. The Professional Liability Insurance shall be an amount of not less than $250,000 or the total cost of the Project for which the Bidder is retained, whichever is greater.

Time of Delivery of Bonds and Insurance Certificates.

The Bidder shall deliver the required bonds and certificates of insurance to the City of Bay City no later than the date it delivers the executed Contract to the City of Bay City. If the work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of any work, deliver the bonds and certificates of insurance required in accordance with this paragraph to the Purchasing

Department.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal nonprocurement programs by any federal department or agency;

(2) Have not, within the three year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default; and

(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity

(federal, state, or local) and have not, within the three year period preceding the proposal, been convicted of or had a civil judgment rendered against it:

(a) For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction;

(b) For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging; or

(c) For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. §1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name and Title of Authorized Representative

Name of Participant Agency or Firm

Signature of Authorized Representative Date

I am unable to certify to the above statement. Attached is my explanation.

The Master of this agreement was prepared by the City’s Legal Counsel, Allsopp Wackerly & Blossom, Attorneys and Counselors, P.C. Any alteration, change, deletion, or modification of the Master requires submittal to the City Attorney.

1 (Revised 09/2022)

NON-NEGOTIABLE (If vendor cannot agree to terms and conditions bid will be deemed non-responsive)

CONTRACT

THIS AGREEMENT, is entered into on _______________, BETWEEN the CITY OF BAY CITY, a Michigan Municipal Corporation, of

301 Washington Avenue, Bay City, Michigan 48708 [“CITY”], and ______________ of

____________________________________________________, [“CONTRACTING PARTY”].

The Project is: __________________________________________________________.

WITNESSETH:

The CITY and CONTRACTING PARTY agree as follows:

ARTICLE 1

THE CONTRACT DOCUMENTS

This Contract incorporates by reference the Bidding Documents as defined in the

Instructions to Bidders, Quotation Request/Request for Proposals, which, with the other documents listed in this Agreement and Modifications issued after execution of this Agreement, form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. No change or amendment shall be made hereto except by a writing signed by the parties hereto.

ARTICLE 2

THE WORK OF THIS CONTRACT

The CONTRACTING PARTY will perform the work and furnish the materials and equipment under the terms, conditions, covenants and agreements set forth in the Quotation

Request/Request for Proposals, the Bidder's Proposal, the Contract, Addenda, Bonds, any drawings, plans and specifications, modifications, the Prevailing Wage Schedule and Section 3

Contracting Procedure (as applicable to state or federally aided projects), the Bidding Documents, as defined in the Instructions to Bidders, and according to the provisions of the Charter of the City, the Ordinances of the City, and applicable laws and regulations appertaining thereto.

ARTICLE 3

EQUAL OPPORTUNITY

The CONTRACTING PARTY covenants that neither it nor its subcontractors shall discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identify. Breach of this covenant

2 (Revised 09/2022 may be regarded as a material breach of this Contract, subject to section 66-54 of the Bay City

Code of Ordinances.

ARTICLE 4

INDEPENDENT CONTRACTOR

The CONTRACTING PARTY is an independent contractor and not an employee, agent, partner or representative of the CITY.

ARTICLE 5

INDEMNIFICATION

To the fullest extent permitted by law and based upon its degree of fault the

CONTRACTING PARTY shall defend, pay on behalf of, indemnify and hold harmless the City, its City Commission, officers, agents and employees from and against any and all claims, demands, suits, or loss, including all costs connected therewith (including reasonable attorneys' fees), and for any damages which may be asserted, claimed of recovered against or from the City, its City

Commission, officers, agents and employees, arising out of, resulting from or caused by the performance of the work or furnishing of goods, machinery, equipment and machines, provided that such claim, damage, loss or expense: (1) is attributable to bodily injury, sickness, disease or death, or to injury or damage to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom; and (2) is caused in whole or in part by any act or omission of the CONTRACTING PARTY, any subcontractor or supplier of the CONTRACTING

PARTY, anyone directly or indirectly retained, consulted or employed by any of them or in privity with them, or anyone for whose acts any of them may be liable.

In any and all claims against the CITY or any of its officers, agents or employees by any employees of the CONTRACTING PARTY, any Subcontractor or Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the

CONTRACTING PARTY or any Subcontractor or Supplier under worker's compensation acts, disability benefit acts or other employee benefit acts.

If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees, officers or agents, or of others for whose acts such party is legally liable, written notice of such injury of damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding ten (10) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter.

ARTICLE 6

BONDS, INSURANCES AND WARRANTIES

The bonding, insurance and warranty requirements set forth in the Instructions to Bidders are incorporated herein by reference thereto and made an integral part hereof. The failure to comply therewith shall give the CITY the right, without protest or remedy, to immediately suspend

3 (Revised 09/2022 the Contract, and any work thereunder, or in its sole discretion and without liability or penalty to terminate this Contract.

ARTICLE 7

DATE OF COMMENCEMENT AND COMPLETION

The date of commencement shall be the date of this Agreement, as first written above, or within ten (10) calendar days after date of a written Notice to Proceed.

The CONTRACTING PARTY shall complete the performances and Work set forth in the Contract

Documents no later than ______________________, 20____. Time shall be of the essence of this contract.

If the Work and/or this Contract extends past the fiscal year in which this Contract is approved by the CITY COMMISSION, then unless the CITY COMMISSION has approved a budget with sufficient funds to continue the Work into the next or subsequent fiscal year, this Contract shall terminate as of the last day of the fiscal year (i.e. June 30th) in which the CITY COMMISSION approved funding for the

Contract. The CITY may also terminate this Contract for any reason on 7 days written notice to

CONTRACTING PARTY.

In the event the CITY terminates this contract prior to the completion of the Work, and

CONTRACTING PARTY is not in default or material breach of this Contract, then the CITY, in full satisfaction of this Contract, shall pay CONTRACTING PARTY to the extent that the Work has been completed through the date of termination.

ARTICLE 8

CONTRACT SUM

The CITY shall pay the CONTRACTING PARTY in current funds for the

CONTRACTING PARTY's performance of the Contract the Contract Sum of

The Contract Sum is based upon the following alternatives, if any, which are described in the

Bidder's Proposal and are hereby accepted by the CITY:

ARTICLE 9

PROGRESS PAYMENTS

If progress payments are to be made hereunder, they shall be based upon Applications for

Payment submitted to the City Manager or his designee by the CONTRACTING PARTY, and

Recommendations for Payment issued by the City Manager or his designee.

ARTICLE 10

FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the CITY to the CONTRACTING PARTY when: (1) the Contract has been fully performed by the CONTRACTING PARTY and accepted by the CITY, except for the CONTRACTING

PARTY's responsibility to satisfy other requirements, if any, which necessarily survive final payment; and (2) a recommendation for final payment has been issued by the City Manager or his designee; such recommendation for final payment shall be acted on by the CITY not more than

4 (Revised 09/2022 thirty (30) days after the issuance of the City Manager's or his designee's recommendation for final payment.

ARTICLE 11

APPLICABLE LAW, JURISDICTION & VENUE

This Agreement and the performances, transactions, covenants and agreements set forth in or arising out of the Contract Documents and Work of this Contract shall be governed and interpreted by Michigan law. Any lawsuit arising directly or indirectly out of this Agreement will be litigated in the Circuit or District Court for Bay County, Michigan.

CITY OF BAY CITY CONTRACTING PARTY:

By: Christopher R. Girard, Mayor By:

By: Tema J. Lucero, Clerk Print Name

Title:

(Revised 06/09)

STATEMENT OF NO BID Bid:_______________________________ Bid #:________

NOTE: If you DO NOT intend to bid on this commodity/service, please complete and return this form immediately. Your response will assist us in evaluating all responses for this important project and to improve our bid solicitation process.

Specifications too “tight” (i.e. geared toward one brand or manufacturer only, (explain below).

Specifications are unclear (explain below).

We are unable to meet specifications.

Insufficient time to respond to the Invitation for Bid.

Our schedule would not permit us to perform.

We are unable to meet bond requirements.

We are unable to meet insurance requirements.

We do not offer this product/service.

Remove us from your bidders list for this commodity/service.

Other (specify below)

REMARKS: ___________________________________________________________

Firm Name: ___________________________________________________________

Address: _____________________________________________________________

Signed: ___________________________ Print Name: ________________________

Title:…