SPEC Sewer Lining.pdf

SOLICITATION

SEWER INFRASTRUCTURE MAINTENANCE

City of Dearborn Heights 6045 Fenton Avenue

Dearborn Heights, MI 48127

September 15th, 2025

Prepared by:

Wade Trim Associates, Inc.

25251 Northline Road

DHT 1005-19T Taylor, MI 48180

30 May 19 TOC-1 DHT 1005-19T

TABLE OF CONTENTS

SUBJECT

PAGE NO.

PROCUREMENT PACKAGE

Advertisement 00 1113-1 - 2

Solicitation 00 1119-1 - 8

Proposal 00 4243-1 - 5

Bid Bond Form 00 4313-1

Legal Status of Bidder 00 4345-1

CONTRACTING REQUIREMENTS

Agreement Form 00 5200-1 - 7

Performance Bond 00 6112-1 - 2

Labor and Material Payment Bond (Public Works/Nonhighway) 00 6113-3 - 4

Maintenance and Guarantee Bond 00 6119-1 - 2

General Conditions 00 7200-1 - 47

Supplementary Conditions 00 7300-1 – 3

Appendix A-Title VI Plan Compliance 00 7336-1

SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 1100 Summary of Work 01 1100-1 - 2

01 2200 Unit Prices 01 2200-1 - 3

01 5000 Temporary Facilities and Controls 01 5000-1 - 5 01 8900 Site Construction Performance Requirements 01 8900-1 - 9

DIVISION 33 – UTILITIES

33 0130 Rehabilitation of Existing Sewers by Thermal Cured in 33 0130-1 - 8 Place Pipe

33 0133 Sewer Cleaning 33 0133-1 – 5

33 0134 Television Inspection of Sewers 33 0134-1 – 5

33 0135 Manhole Rehabilitation 33 0135-1 – 9 33 0138 Sewer Pipe Joint Testing and Sealing 33 0138-1 - 10

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Advertisement

SEWER INFRASTRUCTURE MAINTENANCE

CITY OF DEARBORN HEIGHTS

Proposal for Infrastructure Maintenance will be received by City of Dearborn Heights at the Comptroller’s office, 6045 Fenton Avenue, Dearborn Heights, MI 48127, until 3:00 pm, Local Time, Wednesday, October 15st, 2025.

This is a solicitation for a Contractor to enter an indefinite quantity within approved budget limits ($650,000 for FY 25/26 that expires June 30th, 2026), long term contract for CIPP lining and related work on existing sewers in the City of Dearborn Heights

Proposals shall be for the Work as specified in the Contract Documents for the Project. Contract Documents are on file with Ms. Linda Vance, Comptroller.

Proposals shall be addressed to Mahdi Baydoun, Comptroller, City of Dearborn Heights, 6045 Fenton Avenue, Dearborn Heights, Michigan, 48127, in a sealed envelope marked “Sewer Infrastructure Maintenance”. Such proposals shall be submitted in strict accordance with the City of Dearborn Heights Specification for the items listed herein. All variations from Dearborn Heights Specifications are to be stated in the bids.

A copy of the Contract Documents must be obtained from the MITN bid system.

Each Proposal shall be accompanied by a certified check, cashier’s check, money order, or bond, in the amount of 5% ($32,500) of the Do Not Exceed total cost of $650,000 for FY 25/26, drawn payable to City of Dearborn Heights as security for the proper execution of the Agreement.

At the time of opening, any proposal that does not meet any of requirements of the above paragraphs, or any other requirements of this solicitation, will not be read by the comptroller. These Proposals will be returned to the submitter by the comptroller marked “Does not meet solicitation requirements”

The City of Dearborn Heights reserves the right to accept or reject any or all proposals, in whole or in part, and waive any irregularities or informalities therein.

It is agreed, if the Contractor to whom the Contract shall have been awarded shall refuse or neglect to execute the Contract or Purchase Order and properly secure the same within ten (10) days, the amount of the security shall be forfeited to and retained by the Owner as liquidated damages for such neglect or refusal.

Further, if the successful Contractor fails to comply with the terms of the solicitation, contract, or purchase order, the City has the option to hold the successful Contract to the terms of the solicitation or forfeit the security as liquidated damages.

Proposal shall identify business entity as individual, or if doing business under assumed name, indicate assumed name, partnership (Naming Partners), Corporation, Foreign or Domestic (Naming Principal Officers), and indicate capacity of person executing proposal.

Proposals may not be withdrawn for the period of 90 days after date of receiving Proposals. All inquiries shall be directed at Mr. John Danci (313) 791-6000 and Mr. Mahdi Baydoun, Comptroller.

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SOLICITATION

1. Executive Summary

1.1. The City of Dearborn Heights (City), as part of a comprehensive and proactive program to control and manage its aging sewer infrastructure and to more efficiently maintain and extend the useful life of the system, is soliciting proposals from qualified contractors able to perform maintenance and rehabilitation services utilizing Cured in Place Pipe (CIPP) method on an as needed basis.

1.2. This document will be used to select contractors, to perform these services for a four

(4) year period with the option to renew for an additional one or two (1 or 2) year period.

1.3. The successful contractor will be required to enter into an agreement with the City and provide 100% payment and labor and material bond; a two-year maintenance and guarantee bond totaling 10% or any work completed; as well as proof of insurance in a manner that is acceptable to the City. Copies of the insurance requirements have been included for your review. The exact quantities and expenditures under this contract are not known therefore, the bonds will be requested as task orders or projects arise.

1.4. The services will be performed in all areas of the City of Dearborn heights on all lengths and diameters of the existing storm and sanitary sewer systems. The contract will not be for a specific volume of work or dollar amount. Rather, the contract will be for work as needed in a partnering effort with the City.

2. Work Items Requested

2.1. Sewer Cleaning, including debris and grease removal, obstruction and root cutting, protrusion reaming in both main and lateral pipelines.

2.2. Internal video inspection via CCTV video recording to DVD. The Contractor must be able to provide this service for the recording of mainline and lateral sewers including recommendations of specific corrective measures. All inspections shall be completed using NASSCO Pipeline Assessment and Certification Program (PACP) for identifying observations.

2.3. Deliverables will include a detailed report of the pipes surveyed per the specifications provided later in this document, on media acceptable to the City, which is clearly labeled and contains digital files named in accordance with the City’s filing convention and based on state plane coordinates.

2.4. Section lining of sewer with the use of a resin impregnated fabric inversion liner (CIPP)

2.5. Lining sewer sections from manhole to manhole with a resin impregnated fabric inversion liner (CIPP).

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2.6. Three-foot long T-Liners at the service lateral connection to the mainline sewer.

2.7. Pipe joint testing and sealing utilizing chemical grout.

2.8. Rehabilitation of existing structures for the purposes of inflow/infiltration control and/or structural purposes.

3. Definitions Used Herein

3.1. Proposer/Bidder – entity that is submitting a document in response to this

Solicitation. The Proposer must meet the minimum requirements set forth in the balance of this request. The Proposer may also be referred to as Contractor, Firm, Company, Corporation, etc.

3.2. Owner – shall be considered the City of Dearborn Heights. May also be referred to as Dearborn Heights or City.

4. Background

4.1. The City of Dearborn Heights in a proactive program to maintain and extend the life of their sewer system has from time to time bid projects for cleaning, inspecting, lining, etc. While these projects were successful, they did not provide the City with the flexibility to evaluate and rehabilitate the system on a continuous basis.

4.2 As both systems conditions are changing, a set project scope for a specific location does not provide the City the option to adjust to these changing conditions. Therefore, it is the City’s intent to form a long-term relationship with a qualified contractor or contractors to aid in, assist and supplement the City staff in performing the necessary services which are consistent with the goals and objectives of the City’s program of maintenance, repair and management.

5. Purpose

5.1. It is the purpose of this request to provide a format, criteria and evaluative process to select a qualified contractor who can perform the requested services and is in the City’s best interest.

6. Disclaimer

6.1. This request or any contract deriving from the evaluation of the documents does not reference, promise, provide or agree to set a quantity of work, a specific value of contract, or a specific timeframe. Contractors should not assume any anticipated scheduling of Work.

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7. Initiation of Work

7.1. The following processes are included for the Proposer’s reference as to how work may be determined, and services requested of the selected qualified Contractor.

7.2. The City or their agents may in their daily maintenance discover a situation that warrants further investigation that the Proposer will be contacted to perform.

7.3. Annual budgeting permits the City to investigate larger areas and the City staff may need the assistance of the Proposer.

7.4. Other investigations such as flow metering programs or the City’s own inspection program determine areas to further investigate or necessary rehabilitation as warranted.

8. Quotes/Prices

8.1. The City, upon requiring the assistance of the Contractor, will request necessary services based on unit prices as submitted in the Proposal.

9. Observation of Site

9.1. The Contractor shall personally inspect the site of the requested work to clearly understand the conditions. The Contractor shall be responsible to restore the project location to a condition that is equal to or better than the original condition. This shall be considered incidental and included in the unit prices listed.

10. Payment

10.1. Contractor payments will be in accordance with the unit prices listed in the contract.

Once the work is approved by the City, final payment including retainage will be processed.

11. Maintenance and Guarantee

11.1. The Proposers are directed to review the City’s bonding requirements. The

Maintenance and Guarantee Bond for each portion of work authorized will be effective from the date of final payment for that specific portion.

12. Sub-Contracting

12.1. Using a sub-contractor (who must be clearly identified in the submittal) is only acceptable for up to 10% of the total scope of the services. This includes a joint submission by two Proposer’s having no formal corporate connections or linkage.

However, in this case one of these Proposers must be prepared to take over all responsibility for successful performance of the contract and this should be clearly

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defined in the proposal.

12.2. Sub-Contracting to any firm or individual who’s current or past corporate or other interests may, in the City’s opinion; give rise to a conflict of interest in connection with this project will not be permitted.

12.3. Where applicable, the names of approved sub-contractors listed in the response to this

Solicitation will be included in the contract. No additional sub-contractors will be added, or other changes made, to list in the contract without the written consent of the City.

13. Format

13.1. Responses must be submitted in the format and order as indicated within this document. The cover letter, as discussed herein, should be part of the bound submittal.

14. Inquiries

14.1. All inquiries related to the Solicitation are to be directed, in writing, to the person listed below. Information obtained from any other source shall not be deemed official and should not be relied upon. Inquiries and responses will be recorded and may be distributed to all Proposers at the City’s option. Questions will be answered only if time permits, and no questions will be accepted by the City within seventy-two (72) hours of the stated time to receive bids by the City.

Title: John Selmi, Public Service Administrator Email: jselmi@ci.dearborn-heights.mi.us

15. Proposer’s Expenses

15.1. Proposers are solely responsible for their own expenses in preparing a Response and for subsequent negotiations with the City, if any. If the City elects to reject any or all Proposals, the City will not be liable to any Proposer for any claims, whether for costs or damages incurred by the Proposer in preparing the Response, loss of anticipated profit in connection with any final Contract, or any other matter whatsoever.

16. Liability of Error

16.1. While the City has used considerable efforts to ensure an accurate representation of information in this Solicitation, the information contained in this request is supplied solely as a guideline for proposers. The information is not guaranteed or warranted to be accurate by the City, nor is it necessarily comprehensive or exhaustive. Nothing in this request is intended to relieve proposers from forming their own mailto:jselmi@ci.dearborn-heights.mi.us

00 1119-5 DHT 1005-19T

opinions and conclusions with respect to the matters addressed in this request.

17. Limitation of Damages

17.1. Further to the preceding paragraph, the proposer, by submitting a response, agrees that it will not claim damages, for whatever reason, relating to the Contract or in respect to the process, and waives any claim for loss of profit if no agreement is made with the proposer.

18. Response Format

18.1. Services Requested

1. Sewer Cleaning

2. Internal video inspection, including evaluation and repair recommendations utilizing NASSCO Pipeline Assessment and Certification Program (PACP)

3. Sectional or spot lining

4. Manhole to manhole lining

5. Manhole rehabilitation

6. T-Liner lateral connection repair

7. Joint testing and sealing with chemical grout

18.2. Subcontractor List: Indicate which sub-contractors (including name, contact person, address, telephone number) the proposer intends on including in their Response and what items the sub-contractor will be responsible for including overall service percentage anticipated to be performed by the sub-contractors. The proposer should include similar information as requested herein for each sub-contractor for the City’s review and consideration. Please note that sub-contractors are limited to not more than 10% of the contract services which the proposer (prime contractor) will provide.

18.3. References: The submittal of a response must include at least five (5) municipal references for similar partnerships / work for consideration. References shall be for partnerships / work successfully completed as Prime Contractor within the last 24 months within the State of Michigan and preferably within Wayne, Oakland, Macomb, Livingston, Washtenaw, Monroe or Genesee County. The references are to be include the municipality, address, contact person, telephone number, contract amount and a description of services provided.

18.4. Local Presence: As previously mentioned, the services requested will, at times, require immediate or emergency response. Therefore, a local presence is highly desirable. The Proposer should indicate their base of operations, communities in which field crews are stationed and current on-going contracts in and around the City of Dearborn Heights. It is the intention of the City to select a Contractor who is located and has performed these services for more than five (5) years within the State of Michigan and that have field crews available within a 50-mile radius of the City. Any Proposer who has restructured or changed names for any reason within the last five (5) years shall

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indicate the name of the previous company and the date of the completion of the formation of the new company. Those Proposers that cannot meet or exceed these may be considered non-responsive.

18.5. Ability to Perform: In addition to references submitted and verified by the City, the

Proposer shall include with their Response documentation which provides evidence that the contractor has the ability to perform the services submitted for. This documentation must include, but is not limited to: equipment lists, certified or authenticated financial statement (dated within 12 months of the submittal), certifications of company and/or employees, special awards or merits, patents. Etc.

Further, certifications, test results, or a response from the authorized representative shall be included which indicates the Proposer’s ability to conform to the technical specifications herein.

As noted in the technical specifications of each of the desired services, a list of projects (including location, contact person, date and project description) must be submitted.

Any Proposer who cannot meet the requirements shall be deemed unqualified and have their Response returned.

18.6. Product Qualifications: The City is focused on making purchasing decisions which will provide the greatest value, part of which will include the evaluation of the materials utilized on its projects. The Proposer shall include information regarding the materials, manufacturer and any other supplier of items for these projects. The Proposer shall include certifications, test results, name, address of manufacturer and contact person.

18.7. Price: Price is a component of the evaluation of each response. The included Proposal must be completed in its entirety. Prices are to include all incidentals and shall remain constant for the duration of the contract. The unit prices shall be applied for all requested services unless otherwise authorized by the City prior to commencing the start of the work.

18.8. Value Added: The City will require the Contractor to utilize the City’s current GIS data to generate and prepare maps and reports. The City is also interested in developing a method of integrating the project work into its GIS and/or Computer Maintenance Management System. The Proposer shall discuss the approach they would take to assist the City in integrating the CCTV and rehabilitation work into the GIS/CMMS. All work shall reference the Government Structure Numbering and Pipe Segment Naming, based on State Plane Coordinates.

The City is interested in having the ability to store and graphically display:

• Historical data (PACP defects, video inspections, cost, rehabilitation / repair information, etc.)

• Projected future financial information associated with the sewer collection

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system

• Projected future rehabilitation and/or repairs (type, location, etc.)

based on the NASSCO System.

• Update system data on a continuous basis including future projects and maintenance activities.

18.9. Alternate Solutions: If alternates are offered to any of the items in the Proposal, please submit the information in the same format, as a separate proposal. The Proposer shall state in his returned response to this Solicitation the system he intends to use and current documented evidence of proven use in the State of Michigan in the last year.

If the proposed alternate cannot meet the experience requirements listed in the technical specifications for each of the services, then the alternate will not be considered.

19. Evaluation Process

19.1. The City’s intent is to select a contractor who is able to perform all the requested items of work as indicated in this document. Responses will be evaluated as to their responsiveness to the specifications, including:

• Acceptable Format

• Proper Number of Copies

• Primary Contracts Listed

• Complete References

• Cover Letter and Authorization Confirmation Included

• Sub-Contractor Information

• Minimum Experience Requirements

• Minimum Corporate Presence

20. Selection Criteria / Weights

Failure to include any of the information for the mandatory criteria listed above may be grounds for rejection.

Selection Criteria Weights

Local Presence 10% References 10% Ability to Perform 40% Product Qualifications 10% Warranty 10% Price 20% Value Added 15%

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20.1. At any time during the evaluation process, the City may request additional information to properly review and evaluate proposal responses. This information should be supplied expeditiously in a format similar to the proponent’s initial response. Further, if necessary, the City may request an interview with each, all or a selected few proposers or ask for an oral presentation to the evaluation committee. The City will not be obligated to receive further information, whether written or oral, from any company unless specifically requested by the City.

22. Contract

20.2. A contract executed between the City and the selected Contractor shall not be binding in terms of volume or work provided to the Contractor or of a specific dollar amount but will be for “as needed” or “as requested” services.

20.3. Contract will be for a five (5) year period beginning with the execution of a contract.

The City may, at its option, extend the Contract for two (2) additional one-year extensions, upon the same terms and conditions as set forth herein.

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Proposal

Re: Sewer Infrastructure Maintenance

Gentlemen:

The undersigned proposes and agrees, if this Proposal is accepted, to enter into an Agreement with the City of Dearborn Heights in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price indicated in this proposal and in accordance with the Contract Documents.

In submitting this Proposal, Bidder represents, as more fully set forth in the Agreement, that;

a) Bidder has examined copies of all Contract Documents, (consisting of Project Manual dated June 3, 2019) which he understands and accepts as sufficient for the purpose, including any and all Addenda officially issued, the receipt of which is hereby acknowledged.

ADDENDUM DATE OF SIGNATURE

NO. RELEASE

b) Proposer has familiarized himself with the general area in which the Work is to be performed, the legal requirements and local conditions affecting cost, progress, furnishing or performance of the Work, and has made such independent investigations as Proposer deems necessary.

c) This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any Agreement or rules of any group, association, organization or corporation;

Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Bid; Proposer has not solicited or induced any person, firm or a corporation to refrain from responding to this solicitation; and Proposer has not sought by collusion to obtain for himself any advantage over any other Proposer or over OWNER.

The Proposer agrees to complete the Work, in accordance with the Contract Documents, for the following Contract Price:

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PROPOSAL (Continued)

Item No. Description Unit Unit Price

1 CIPP Liner, 8 inch, full length Lft @

2 CIPP Liner, 10 inch, full length Lft @

3 CIPP Liner, 12 inch, full length Lft @

4 CIPP Liner, 15 inch, full length Lft @

5 CIPP Liner, 18 inch, full length Lft @

6 CIPP Liner, 21 inch, full length Lft @

7 CIPP Liner, 24 inch, full length Lft @

8 CIPP Liner, 8 inch, 3’ to 10’ Length, Spot Repair Ea @

9 CIPP Liner, 10 inch, 3’ to 10’ Length, Spot Repair Ea @

10 CIPP Liner, 12 inch, 3’ to 10’ Length, Spot Repair Ea @

11 CIPP Liner, 15 inch, 3’ to 10’ Length, Spot Repair Ea @

12 CIPP Liner, 18 inch, 3’ to 10’ Length, Spot Repair Ea @

13 CIPP Liner, 21 inch, 3’ to 10’ Length, Spot Repair Ea @

14 CIPP Liner, 24 inch, 3’ to 10’ Length, Spot Repair Ea @

15 CIPP Liner, 8 inch, 10’ to 20’ Length, Spot Repair Ea @

16 CIPP Liner, 10 inch, 10’ to 20’ Length, Spot Repair Ea @

17 CIPP Liner, 12 inch, 10’ to 20’ Length, Spot Repair Ea @

18 CIPP Liner, 15 inch, 10’ to 20’ Length, Spot Repair Ea @

19 CIPP Liner, 18 inch, 10’ to 20’ Length, Spot Repair Ea @

20 CIPP Liner, 21 inch, 10’ to 20’ Length, Spot Repair Ea @

21 CIPP Liner, 24 inch, 10’ to 20’ Length, Spot Repair Ea @

22 CIPP Liner, 8 inch, 20’ to 30’ Length, Spot Repair Ea @

23 CIPP Liner, 10 inch, 20’ to 30’ Length, Spot Repair Ea @

24 CIPP Liner, 12 inch, 20’ to 30’ Length, Spot Repair Ea @

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25 CIPP Liner, 15 inch, 20’ to 30’ Length, Spot Repair Ea @

26 CIPP Liner, 18 inch, 20’ to 30’ Length, Spot Repair Ea @

27 CIPP Liner, 21 inch, 20’ to 30’ Length, Spot Repair Ea @

28 CIPP Liner, 24 inch, 20’ to 30’ Length, Spot Repair Ea @

29 Trim Protruding Service Ea @

30 T-Liner, 6” x 3-foot, Min Ea @

31 Cleaning Sewer, 8” to 24” Lft @

32 Calcium Deposit Removal, 8” to 24”, less than 5% of cross section

Lft @

33 Calcium Deposit Removal, 8” to 24”, 5% to 20% of cross section

Lft @

34 Calcium Deposit Removal, 8” to 24”, 20% or greater of cross section

Lft @

35 Grease Removal, 8” to 24”, less than 5% of cross section

Lft @

36 Grease Deposit Removal, 8” to 24”, 5% to 20% of cross section

Lft @

37 Grease Deposit Removal, 8” to 24”, 20% or greater of cross section

Lft @

38 Root Removal, 8” to 24”, less than 5% of cross section

Lft @

39 Root Deposit Removal, 8” to 24”, 5% to 20% of cross section

Lft @

40 Root Deposit Removal, 8” to 24”, 20% or greater of cross section

Lft @

41 Television Inspection of Sewer, 8” to 24” w/PACP Coding

Lft @

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42 Manhole Rehabilitation Vft @

43 Remove and Replace Manhole Frame and Cover Each @

44 Adjust Structure Each @

45 Reconstruct Structure Vft @

46 Test Pipe Joint Each @

47 Seal Pipe Joint Each @

The undersigned, as Proposer, hereby certifies that he or a qualified designated person in his employ has examined the Contract Documents provided by the OWNER for bidding purposes. Further, the undersigned certifies that he or his qualified employee has reviewed the proposed construction methods and finds them compatible with the conditions which he anticipates from the information provided.

The undersigned, as Proposer, shall complete the Work under any job circumstances or field conditions present and/or ascertainable prior to bidding. In addition, he shall also complete the Work under whatever conditions he may create by his own sequence of construction, construction methods, or other conditions he may create, at no additional cost to the OWNER.

The undersigned, as Proposer, declares that he has familiarized himself with the location of the proposed Work and the conditions under which it must be constructed. Also, that he has carefully examined the Specifications, and the Contract Documents, which he understands and accepts as sufficient for the purpose, and agrees that he will Contract with the OWNER to furnish all labor, material, tools, and equipment necessary to do all Work specified and prescribed for the completion of the Project.

The undersigned agrees, if awarded Contract, to sign the Agreement and submit satisfactory bonds and certificates of insurance coverage and other evidence of insurance required by the Contract Documents within 15 days after the date of OWNER'S Notice of Award.

Proposals may not be withdrawn for a period of 60 days after bid opening.

The following documents are attached to and made a condition of this Proposal:

a) Required Bid security in the form checked below:

Certified Check Cashier's Check Money Order Bid Bond

b) Legal Status of Bidder.

Bidder's Name

By

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Address

Phone No.

Fax. No.

email

04 Feb 06 00 4313-1

Bid Bond Form

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _ asPrincipal, hereinafter called the Principal, and acorporation duly organized under the laws of the State of ,anddu l y authorized to transact business in the state of Michigan, as Surety, hereinafter called the Surety, are held and firmly bound unto asOWNER, hereinafter called the OWNER, in the sum of

Dollars($ _, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid for

NOW, THEREFORE, if the OWNER shall accept the Bid of the Principal and the Principal shall enter into a Contract with the OWNER in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the OWNER the difference not-to-exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the OWNER may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and Sealed this daoyf ,20 .

(Witness) (Principal)

(Title)

(Witness) (Surety)

04 Feb 06 00 4345-1

Legal Status of Bidder

This Proposal is submitted in the name of:

(Print)

The undersigned hereby designates below his business address to which all notices, directions or other communications may be served or mailed:

Street-------------------------------- City

State Zip Code _

The undersigned hereby declares that he has legal status checked below:

( ) SOLE PROPRIETOR

( ) SOLE PROPPRIETOR DOING BUSINESS UNDER AN ASSUMED NAME

( ) CO-PARTNERSHIP

The Assumed Name of the Co-Partnership is registered in the County of _,Michigan

( ) CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF

.. The Corporation is

( ) AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF MICHIGAN

( ) NOT NOW AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF MICHIGAN

( ) POSSESS ALL REQUIRED LICENSES FOR THE WORK BEING BID

( ) LIMITED LIABILITY CORPORATION

The name, titles, and home addresses of all persons who are officers or partners in the organization are as follows:

NAME AND TITLE HOME ADDRESS

Signed this_ day of ,20_.

By (Signature)

Printed Name of Signer

Title

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AGREEMENT FOR SEWER INFRASTRUCTURE MAINTENACE SERVICES

This Agreement for Sewer Infrastructure Maintenance Services (hereafter “Agreement”), is entered into between the CITY OF DEARBORN HEIGHTS (hereafter "OWNER") and (hereafter “CONTRACTOR"). OWNER and CONTRACTOR (hereafter collectively referred to as “the Parties”, or individually and generically referred to as “Party”) agree as follows:

ARTICLE 1. INCORPORATION OF THE SPECIFICATIONS, CONTRACTOR’S

PROPOSAL, AND OTHER CONTRACT DOCUMENTS BY REFERENCE

1.1. Background. The Parties acknowledge that OWNER issued its Procurement Package related to the OWNER’S need for “SEWER INFRASTRUCTURE MAINTENANCE SERVICES”. The Procurement Package includes the Advertisement for Bids, Instructions to Bidders, Proposal, Bid Bond Form, Legal Status of Bidder, and Non-Discrimination Clause. The Parties also acknowledge that this Procurement Package describes and specifies many duties, responsibilities, and obligations that the Contractor selected by OWNER shall perform and/or meet to complete the Work. Further, the Parties acknowledge that CONTRACTOR submitted its completed Proposal to OWNER in response to the Procurement Package which led to the OWNER selecting it to be the CONTRACTOR chosen to perform the Work as specified herein.

1.2. Contract Documents. The Contract Documents include all of the following which presently exist or which may come to exist in the future: Procurement Package (including all parts of it as described in Section 1.1 above); CONTRACTOR’S completed Proposal; this Agreement; the Notice of Award; Conditions of the Contract; Technical Specifications; documentation submitted by CONTRACTOR prior to Notice of Award; and any Modification or Addendum to this Agreement, including any Change Orders, duly approved and delivered after execution of this Agreement.

1.3. General Incorporation by Reference. The Parties agree that the Contract Documents are incorporated herein and made a part hereof by reference. The Parties further agree that (A) the CONTRACTOR shall fulfill the duties, responsibilities, and obligations of the CONTRACTOR as described in the Contract Documents and (B) the OWNER shall fulfill the duties, responsibilities, and obligations of the OWNER as described in the Contract Documents. The only exceptions to these general requirements as set forth in this Section 1.3 are set forth in Section 1.4 below.

1.4. Effect of this Agreement and Otherwise. This Agreement is intended to be consistent with the other Contract Documents. Still, this Agreement supersedes what is stated in the other Contract Documents to the extent that this Agreement and any of the other Contract Documents are inconsistent. Notwithstanding what is stated in the preceding sentence, any Modification or Addendum to this Agreement (including any Change Orders) that has been duly approved as required by this Agreement and delivered after the execution of this Agreement shall supersede the other Contract Documents (including this Agreement) to the extent that the Modification or Addendum is inconsistent with any of the other Contract Documents.

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ARTICLE 2. WORK

2.1. Generally. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is to be performed over a five-year period commencing on and ending on . The Work includes storm sewer and sanitary sewer lining and related services as described in the Contract Documents dated . The CONTRACTOR shall perform the Work as needed as directed by the OWNER.

2.2. Performance Standards. CONTRACTOR shall perform all services in conformity with the standards and requirements set forth in the Contract Documents. Further, CONTRACTOR shall perform all services in a prompt, diligent and workmanlike manner and at a level of proficiency to be expected of a contractor with the personnel, equipment, expertise, background and experience that CONTRACTOR has represented that it has.

ARTICLE 3. TERM

This Agreement shall commence on , shall be for a period of five (5) years, and shall end on with the option to renew for an additional two (2) year period.

ARTICLE 4. CONTRACTOR’S COMPENSATION

Subject to Article 5 below, OWNER shall pay CONTRACTOR for services actually performed and appropriately completed by CONTRACTOR as provided in the Contract Documents.

ARTICLE 5. PAYMENT PROCEDURES

5.1. Invoices. CONTRACTOR shall provide invoices on an ongoing basis to the OWNER for the services the CONTRACTOR has provided to the OWNER pursuant to this Agreement. Such invoices shall be submitted to OWNER within a reasonable time of the services having been performed. CONTRACTOR shall submit such invoices to: Public Service Administrator, Dearborn Heights Department of Public Works, 24600 Van Born Road, Dearborn Heights, MI 48125.

5.2. OWNER’S Verification of Propriety of Payment. Before OWNER can actually pay an invoice submitted by CONTRACTOR, OWNER must verify and confirm that it is appropriate for OWNER to pay it. Ordinarily, this requires any such invoice to be reviewed by OWNER to determine the propriety of it being paid in three (3) steps: (A) The OWNER’S Department of Public Works and/or City Engineer will review the invoice, confirm that it is appropriate, and submit it to the OWNER’S Mayor. (B) The OWNER’S Mayor will review the invoice, confirm that it is appropriate, and submit it to the OWNER’S City Council. (C) The OWNER’S City Council will review the invoice, confirm that it is appropriate, and approve payment of it. Provided the Mayor does not veto the motion approving the payment, the OWNER will thereafter send payment to the CONTRACTOR. The Parties agree that the OWNER shall have a reasonable amount of time to verify the propriety of paying any invoice submitted by CONTRACTOR in light of the foregoing process. Further, the Parties agree that the OWNER shall have such additional time as may be reasonably necessary in order to verify the propriety of

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paying any invoice submitted by CONTRACTOR based on the need to obtain further information, advice, and explanations related to things set forth in the invoice.

5.3. Payment. After OWNER has had a reasonable time to verify the propriety of paying an invoice submitted by CONTRACTOR in light of the foregoing sections, OWNER shall promptly pay CONTRACTOR per the terms of the invoice provided the services stated in the invoice were actually performed as provided in the Contract Documents, the invoice is completely accurate, and the services were appropriately completed by CONTRACTOR as provided in the Contract

ARTICLE 6. CONTRACTOR'S REPRESENTATIONS

CONTRACTOR has made the following material representations to the OWNER which have induced the OWNER to enter into this Agreement:

(A) CONTRACTOR has considered the nature and extent of the Contract Documents, Work, locality, and all local conditions and federal, state and local laws, and regulations that may affect cost, progress, performance, or furnishing of the Work.

(B) CONTRACTOR has given OWNER written notice of any conflicts, errors, or discrepancies that it has discovered in the Contract Documents; and the OWNER’S written resolution of same is acceptable to CONTRACTOR.

ARTICLE 7. EMPLOYMENT LAW AND TITLE VI PLAN COMPLIANCE

7.1. Employment Law Compliance. CONTRACTOR shall, where applicable, employ others within the regulations of all Federal, State and Local laws and ordinances and regulations relating to minimum wages, social security, unemployment insurance, worker's compensation, and other employment laws. Pursuant to the Elliott-Larsen Civil Rights Act, Public Act 453 of 1976, as amended, and the Persons with Disabilities Civil Rights Act, Public Act 220 of 1976, as amended, CONTRACTOR shall not 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, age, sex, height, weight, marital status, or a disability unrelated to the individual’s ability to perform the duties of a particular job or position. As stated in the preceding sentence, CONTRACTOR shall require a similar covenant on the part of any Subcontractor employed in the performance of this Agreement.

To the extent required by law, CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices provided by the appropriate governmental agency(ies) setting forth the fact that CONTRACTOR is an "Equal Opportunity Employer", appropriate non-discrimination provisions, and appropriate notices regarding employment rights.

7.2. Title VI Plan Compliance. Appendix A is attached hereto and is included as part of the OWNER’S obligation to the Michigan Department of Transportation to require Appendix A.

CONTRACTOR agrees that Appendix A is a material part of this Agreement and is incorporated herein by reference. CONTRACTOR has the duties and obligations of “Contractor” or “contractor” as set forth in Appendix A. Notwithstanding what is otherwise stated in this Section 7.2, this Section 7.2 only applies and Appendix A is incorporated into this Agreement and made

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a material part of it strictly to the extent that this Section 7.2 and Appendix A are actually applicable to the undertakings set forth in this Agreement under applicable law.

7.3. Non-Compliance. In the event of any breach of any of the non-discrimination covenants set forth in Section 7.1 above and/or the Title VI Plan covenants set forth in Section 7.2 above, the OWNER shall have the right to terminate this Agreement, a breach of said covenants in either of these provisions being deemed a material breach of this Agreement.

ARTICLE 8. ASSIGNMENT

8.1. In General. CONTRACTOR may not assign or partially assign this Agreement without first securing OWNER’S prior written approval of the proposed assignment and without first securing OWNER’S prior written approval of the proposed assignee. Any such consent to the assignment must be executed with the same formalities as are necessary under this Agreement to effectuate an amendment to this Agreement. OWNER may withhold its consent to any proposed assignment for any reason as it determines in its sole discretion. A previous consent to an assignment shall not operate to relieve CONTRACTOR of its obligation or CONTRACTOR’S assignee of its obligation to obtain OWNER’S prior written consent to any further proposed assignment.

8.2. Effect of Assignment on Obligations. An assignment shall not operate to relieve the CONTRACTOR of any of its obligations under this Agreement.

ARTICLE 9. WAIVER OF BREACH

No failure by a Party to insist upon the strict performance of any term of this Agreement or to exercise any term after a breach of this Agreement constitutes a waiver of any breach of the term.

No waiver of any breach affects or alters this Agreement, but every term of this Agreement remains effective with respect to any other then existing or subsequent breach.

ARTICLE 10. VENUE

The Parties agree the proper venue for any suit or claim arising out of this Agreement shall be a court of competent jurisdiction in the County of Wayne, State of Michigan.

ARTICLE 11. NOTICES

11.1. In general. Except as otherwise provided in this Agreement, all formal notices required to be given by either Party hereunder shall be in writing and sent by certified mail, return receipt requested, to the following addresses:

OWNER: Mayor's Office

6045 Fenton

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CONTRACTOR:

11.2. Change in Notices. Any formal notices given pursuant to Section 11.1 above are to be sent with a copy to such persons and addresses as each Party may designate from time to time in writing. Either Party hereto may from time to time change the address to which such notices are to be directed by written notice to said other Party.

ARTICLE 12. RELATIONSHIP OF THE PARTIES

Each Party is, and shall perform its obligations under this Agreement as an independent contractor, and as such shall have and maintain complete control over all of its employees, agents, and operations. Nothing contained in this Agreement is intended to, or shall be construed to, in any way create or establish the relationship of co-partners or joint venturers between the Parties. Nothing contained in this Agreement is intended to, or shall be construed to, in any way create or establish an agency relationship or representative relationship between the Parties.

ARTICLE 13. NO THIRD PARTY BENEFICIARY CONTRACT

This Agreement is not intended to create beneficial rights in or for any third party. This Agreement is entered into for the sole benefit of the Parties to this Agreement.

ARTICLE 14. NO WAIVER OF GOVERNMENTAL IMMUNITY

Nothing in this Agreement is to be construed as a waiver of any governmental immunity by OWNER or by any person or entity affiliated with OWNER as provided by statute or court decision.

ARTICLE 15. INTEGRATED AGREEMENT

This Agreement contains all of the agreements, terms, and conditions made between the Parties with respect to the subject matter of this Agreement. There are no other understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement that are not addressed in this Agreement.

ARTICLE 16. LAW AND INTERPRETATION

This Agreement shall be construed under the laws of the State of Michigan.

ARTICLE 17. HEADINGS

The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

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ARTICLE 18. SEVERABILITY

The invalidity or illegality of any provision shall not affect the remainder of this Agreement.

ARTICLE 19. AMENDMENTS

This Agreement may not be modified orally or in any other manner except by an agreement in writing signed by all Parties or their respective successors in interest. No modification, additions, deletions, revisions, alterations, or other changes to this Agreement shall be effective unless and until such change is reduced to writing, duly approved, executed, and delivered by the Parties to each other. Notwithstanding what is otherwise stated in this Article 19, no amendment to this Agreement shall be necessary to adopt informal notice procedures pursuant to Section

11.2 above or to change such procedures.

ARTICLE 20. SUCCESSORS AND ASSIGNS

All of the covenants, provisions, terms, agreements and conditions of this Agreement shall inure to the benefit of and be binding upon the OWNER, the CONTRACTOR, and their respective successors and assigns.

ARTICLE 21. AUTHORITY AND COUNTERPARTS

Parties signing in a representative capacity state by their hand, that they are duly authorized to sign this Agreement. This Agreement may be executed separately, and in multiple counterparts, each copy of which shall constitute an original Agreement, and all counterparts, when taken together, will constitute one and the same Agreement.

[THIS SPACE IS INTENTIONALLY BLANK.]

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as shown on the date(s) listed below.

CITY OF DEARBORN HEIGHTS

(“OWNER”)

Daniel S. Paletko Its: Mayor

Dated: , 2019

Walter J. Prusiewicz Its: City Clerk

(“CONTRACTOR”)

By:

Its:

04 Feb 06 00 6112-1

Performance Bond

Bond No. _

KNOW ALL MEN BY THESE PRESENTS, That we _, a corporation organized and existing under the laws of the State of ----------- anduldy authorized to transact business in the State of Michigan, hereinafter called the "Principal," and acorporation organized and existing under the laws of the State of ,, and duly authorized to transact business in the State of Michigan, as Surety, hereinafter called "Surety," are held and firmly bound unto , asObligee, and hereinafter called "Obligee," in the just and full sum of Dollars ($. , lawful money of the United States of America, to be paid to the said Obligee, to which payment well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a contract with the said Obligee, dated the day of , 20 for which contract is herein referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein, and

WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was entered into, that these presents should be executed.

AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in anywise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the Work or to the Contract

NOW, THEREFORE, if the above Principal shall in all respects comply with the terms and conditions of said contract, and his (their or its) obligations thereunder, including the Contract Documents therein referred to and made a part thereof, and such alteration as may be made in such contract or Contract Documents, as herein or therein provided for, then this obligation shall be void; otherwise, this Bond and obligation shall be and remain in full force and effect.

04 Feb 06 00 6112-2

Signed and sealed this dao fy 20 .

Signed, sealed and delivered in the presence of:

Witness for CONTRACTOR (Principal)

By _

Witness for Surety (Surety)

Attorney-In-Fact (Seal)

Address Address of Surety

City Zip Code City Zip Code

Telephone Telephone

04 Feb 06 00 6113-3 (Public Works/Nonhighway)

Labor and Material Payment Bond

Bond No. _

KNOW ALL MEN BY THESE PRESENTS, That we acorporation organized and existing under the laws of the State of ,anddu l y authorized to transact business in the State of Michigan, hereinafter called the "Principal," and ----------------------------------------------------------------- ,acorporation organized and existing under the laws of the State of , and duly authorized to transact business in the State of Michigan, as Surety, hereinafter called "Surety," are held and firmly bound unto _ ,asObligee, and hereinafter called "Obligee," in the just and full sum of Dollars ($. ,, lawful money of the United States of America, to be paid to the said Obligee, to which payment well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a contract with the said Obligee, dated the dayo f 20 for which contract is herein referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein, and

WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was entered into, that these presents should be executed.

AND WHEREAS, this Bond is given in compliance with and subject to the provisions of Act No. 213 of the Public Acts of Michigan for the year 1963, as amended, including all notices, time limitation provisions and other requirements set forth therein, which are incorporated herein by reference.

AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in anywise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the…