REQUEST FOR SEALED BID PROPOSAL

Transcription

1 DATE: MARCH 10, 2015 REQUEST FOR SEALED BID PROPOSAL CITY OF SAGINAW- PURCHASING OFFICE RM #105, CITY HALL 1315 S. WASHINGTON AVENUE SAGINAW, MICHIGAN (989) PAGE 1 OF 21 PAGES BIDS DUE: MARCH 31, 3:00 PM MARK ENVELOPE SEALED BID: #P BIDS MUST BE RECEIVED IN THE PURCHASING OFFICE PRIOR TO 3:00 P.M. ON THE BID OPENING DATE. PLEASE NOTE: THE PURCHASING OFFICE NOW CLOSES AT 4:00 P.M. DAILY. AS SUCH, BIDS HAND-DELIVERED PRIOR TO THE ABOVE MENTIONED DEADLINE MUST BE RECEIVED BEFORE THE OFFICE CLOSES. The bidder hereby offers to furnish the goods and/or services described and for the prices named, as follows: THE CITY OF SAGINAW IS SOLICITING SEALED PROPOSALS FOR GENERAL TOWING, STORAGE (INSIDE AND OUTSIDE), AND PARTS REMOVAL SERVICES FOR THE SAGINAW POLICE DEPARTMENT. THESE SERVICES INCLUDE, BUT ARE NOT LIMITED TO, THE REMOVAL, IMPOUNDING AND STORAGE OF: Junk vehicles; Abandoned or illegally parked vehicles; Impounded vehicles stemming from an arrest; Evidentiary vehicles; Any vehicle requiring removal as directed by the Saginaw Police Department or City of Saginaw Environmental Services. THE CONTRACT PERIOD WILL BE JULY THROUGH JUNE 30, NOTE: WE DO NOT ACCEPT SEALED BIDS VIA FAX OR . A HARD COPY OF THIS DOCUMENT IS AVAILABLE ON THE CITY OF SAGINAW WEB SITE: (CLICK ON QUICK LINKS, THEN PURCHASING) YOU CAN REFER TO THIS SITE FOR INFORMATION ON OUR FUTURE BID REQUIREMENTS AND BID RESULTS. IF YOU RECEIVE A BID COPY FROM OUR WEB SITE, YOU CAN ALSO COMPLETE A COPY OF OUR VENDOR COMPLIANCE FORM AND RETURN IT TO US OR CONTACT OUR PURCHASING OFFICE SO YOU CAN BE FORMALLY ADDED TO THE RESPECTIVE BIDDERS LIST. (989) ALSO: IT IS VERY IMPORTANT THAT YOU PROVIDE AN ADDRESS AS THIS IS HOW YOU WILL BE NOTIFIED OF FUTURE BID OPPORTUNITIES.

2 COST SHEET FOR P (CITY OF SAGINAW TOWING SERVICES) PAGE 2 OF 21 Coverage period from July 1, 2015 through June 30, Towing/Impound Services- Police / Environmental Services. Unit cost/vehicle Unit cost/vehicle Unit cost/vehicle Police Impounds- Wheel lift Up to ¾ ton $ $ $ 2 Police Impounds Flat bed Up to ¾ ton $ $ $ 3 Police Impounds Medium Duty $ $ $ 4 Police Impounds- Heavy Duty / Low boy $ $ $ 5 Winching $ $ $ 6 R&R transmission linkage $ $ $ 7 Dollies $ $ $ 8 R&R Drive shafts $ $ $ 9 Fuel Surcharge % $ $ $ 10 Daily Storage Fee - Outside $ $ $ 11 Daily Storage Fee - Inside $ $ $ COMPANY NAME: QUESTIONS: Questions regarding the specifications of this bid shall be submitted via to: Jim Nichols, Purchasing Officer at (jnichols@saginaw-mi.com). Responses will be provided a.s.a.p. via .

3 PAGE 3 of 21 INSTRUCTIONS AND SPECIFICATIONS FOR TOWING AND STORAGE OF VEHICLES CITY OF SAGINAW 1. REQUEST FOR PROPOSAL (RFP) The City of Saginaw is accepting open bids for general towing, storage (inside and outside), and parts removal services. These services include, but are not limited to, the removal, impounding and storage of: Junk vehicles; Abandoned or illegally parked vehicles; Impounded vehicles stemming from an arrest; Evidentiary vehicles; Any vehicle requiring removal as directed by the Saginaw Police Department or City of Saginaw Environmental Services. 2. DEFINITIONS For the purposes of this Request for Proposal the following definitions shall apply: TERM City Contractor Operator DEFINITION The City of Saginaw and all of its employees. The bidding company and/or towing service. The Contractor s employee responsible for the operation of a tow truck or any other actions required pursuant to this RFP. Police Department The City of Saginaw Police Department and all of its employees. Request for Proposal (RFP) Tow Truck Storage Storage Fees This document and all of the provisions herein, including attachments. A motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, flatbed hoist, tow sling, dolly, or like equipment, or is otherwise exclusively used to render assistance to other vehicles. Safe keeping of a vehicle, equipment, parts or other property that is in the Contractor s custody, be it inside or outside storage. Monies collected for storage of vehicles, equipment or other property in the Contractor s custody, be it inside or outside storage.

4 PAGE 4 of SERVICE The Contractor shall provide towing, storage and removal of parts services 24 hours per day, 7 days per week as requested by the Saginaw Police Department or Environmental Services. The Contractor shall provide all services described in the RFP. Requests for services from the City of Saginaw shall have priority over all other calls for service. The Contractor must be capable of responding within twenty (20) minutes to a call no less than 95% of the time. Inability to do so will constitute sufficient reason for the voidance of the contract. The City reserves the right to obtain services from other providers in cases of emergency or when the Contractor is unable to provide services as delineated in the contract. This alternate request procedure shall only apply when the health, welfare, or safety of the general public is at risk. 4. SERVICES REQUESTED BY SAGINAW POLICE DEPARTMENT Whenever the Contractor is responding to a situation to which the Police Department has been called, the police officer in charge shall have supervision over the disposition of the vehicle(s) up to transportation of the vehicle(s) to the storage yard. The Contractor shall give full and complete cooperation to the officer(s) at the scene, including all facilities of the tow truck and its driver, until dismissed by the officer(s). A. Vehicles Disabled Due to Routine Traffic Accidents. 1. When a vehicle must be towed due to damage received, the owner/operator will be allowed to select/determine the towing service to be utilized. That towing service will be utilized when available. 2. If the owner/operator has no preference, or if they are unwilling and/or unable to choose a towing service, a towing service will be selected by the desk officer from the current towing rotation roster with various vendors not included in this contract. B. Abandoned Vehicles on Public Property. 1. Abandoned vehicles on public property will be towed by the Contractor awarded this contract. C.Abandoned Vehicles on Private Property 1. The Contractor awarded this contract will tow abandoned vehicles on private property. D.Vehicle Release. Vehicles will not be released by the Contractor unless and until the Police Department provides a written release.

5 PAGE 5 of Confiscated Vehicles 2. Exceptions a. Vehicles confiscated and impounded as evidence in an ongoing police and/or fire investigation will be towed and stored by the Contractor awarded this contract. a. Confiscated vehicles that are to be towed directly to the Crime Laboratory or the police garage, to be processed for evidence prior to being placed into storage, are to be towed by the Contractor awarded this contract. i. When processing is completed, these vehicles are to be towed by the Contractor awarded this contract to their storage lot or returned directly to the owner when appropriate. b. Vehicles impounded that require indoor storage due to the nature of the case, weather, or possible evidence present may be towed to indoor storage by any towing service at the discretion of the Police Department. 5. SERVICES AUTHORIZED BY ENVIRONMENTAL SERVICES A. Abandoned Vehicles and Parts on Public or Private Property. 1. Contractor agrees to provide towing services for: a. Towing of non-commercial vehicles over one ton; b. Towing of commercial vehicles over one ton; and c. Towing of commercial and non-commercial vehicles by use of a flat bed at the authorization of the Superintendent of Streets and Bridges. 2. Contractor agrees to provide removal and/or towing services for: a. Vehicle parts; b. Engine blocks; and c. Front clips of both commercial and non-commercial vehicles. 3. Contractor shall provide storage pursuant to section 6 paragraph D of this proposal. Unclaimed vehicles or property towed by the Contractor will be processed in accordance with the State Motor Vehicle Code.

6 PAGE 6 of CITY OF SAGINAW VEHICLES A. In consideration of the increased business and revenue Contractor will receive as a result of this contract, Contractor agrees to the following services to the City of Saginaw free of charge: 1. Towing of all City of Saginaw vehicles. 2. Lock out, gas replenishment, and tire repair services for the Saginaw Police Department. These services shall be limited to vehicles located within the Saginaw County limits. 7. VEHICLE STORAGE A. Contractor agrees to hold the City of Saginaw harmless of any and all theft or damage of vehicles in Contractor s possession, including those within its secured storage lot. Contractor agrees to absorb all costs assessed against the City of Saginaw related to theft and/or property damage associated with vehicles towed, impounded, or stored for the City of Saginaw under the provisions of this contract. Repairs to vehicles as a result of property damage or replacement of parts, property, etc., as a result of theft, shall be judiciously performed; and under no circumstances, shall take longer than thirty (30) days to complete. Contractor agrees to notify the Saginaw Police Department upon discovery of a theft or larceny from vehicles held in its custody. If the security system of the Contractor fails, the Contractor agrees to waive all charges except the agreed upon towing fee for that vehicle. B. Contractor s lot must have an operational security system at all times. The type of security system must be approved by the Saginaw Police Department prior to the contract award. At a minimum, the lot shall have video surveillance and be a lockable facility. C. Contractor s lot shall contain sufficient space to store approximately 350 vehicles. D. Contractor s lot shall include lighted and heated secure inside storage. E. Contractor s lot shall be available to receive vehicles 24 hours per day, 7 days per week. Contractor shall maintain consistent workday hours Monday through Sunday. Those hours shall be approved by the City Manager and/or Police Chief and be prominently posted, along with a schedule of the standard towing and storage charges, on the front window of the business address. They shall be accessible to and easily seen by the general public from outside of the building. Vehicles shall be available for release during the posted hours. F. Storage fees shall be determined in accordance with Contractor s bid and shall begin to accumulate on the first full calendar day of impoundment. 1. The site shall be properly licensed and shall be operated in accordance with any Federal, State, County or local laws and ordinances pertaining to the operation of such facilities.

7 PAGE 7 of All towing and impounding services provided by the Contractor, including but not limited to, the operation of the storage lot, shall be conducted so as not to create a nuisance to passing motorists and/or surrounding premises or violate any City ordinance or State law. G. All storage fees will be collected by the Contractor. There will be no added charges other than towing and storage billed to either an owner/agent/operator/lien holder or the City. H. Under certain circumstances, it may be appropriate for towing and storage fees to be waived. Such decisions shall be made at the discretion of the City, and Contractor agrees to waive such fees at the City s direction. 8. PERSONNEL A. Contractor s employees shall act courteously, responsively, and responsibly towards each rightful owner or agent of each vehicle towed, stored, and/or impounded at the direction of the City. B. Contractor s employees shall cooperate with the City in handling, inventorying, and recording criminal evidence and personal property when requested. When requested to do so, the employees shall communicate to the Police Department information regarding any and all vehicles towed, stored or impounded by the Department. A designated Police Department representative shall have access to the storage lot at all times. C. Contractor s employees shall ensure that no part or property is removed from any vehicle towed for the Police Department unless the impounding officer or his/her designee specifically authorizes that removal. D. Contractor shall be responsible for staffing each tow truck under their care and custody (including owned, leased, rented or sub-contracted) with a driver who shall be able to communicate using the English language and is properly licensed according to the Michigan Department of Transportation and any other agency requiring licensure/certification. E. Contractor, upon request from the City, shall allow City access to all of its driver qualification files, as required by law. Contractor shall also provide a detailed listing of all training received by each driver and a summary of their drivers experience, both with the Contractor and with previous employers. 9. LICENSING A. Contractor shall possess all licenses or permits required by any governmental unit or agency for the operation of a towing business and/or storage lot. B. Contractor shall provide copies of any and all permits and/or licenses upon the demand of the City.

8 PAGE 8 of EQUIPMENT A. Contractor shall provide and maintain equipment sufficient to perform this contract. B. Contractor shall have wreckers available for towing 24 hours a day, 7 days a week. C. The City reserves the right to hire specialized equipment outside of this agreement, when needed (such as mobile cranes or other heavy rescue equipment). D. Contractor shall provide, maintain, and operate all equipment in compliance with all applicable laws and ordinances. 11. REPORTS AND RECORDS A. Operators shall accompany and assist the impounding officer in a physical inspection of each vehicle impounded at the time of impoundment. The standard ABANDONED AND IMPOUNDED VEHICLE REPORT shall be used for this purpose. Contractor shall only release a vehicle to individuals who present a completed RELEASE OF VEHICLE form obtained from the Police Department. Contractor will provide or complete all other forms, reports and/or documents that may be otherwise required. B. Contractor shall keep accurate records on a daily basis of each vehicle stored, its license (registration plate) number, description, vehicle identification number (VIN), the tow origination point, any subsequent tow(s), date and time the vehicle was placed in storage, location, date and time returned to owner, and any charges levied. C. Contractor shall prepare, on a monthly basis, a written list of all vehicles towed or impounded under this contract or remaining in custody at the direction of the Police Department. The resulting list will be submitted to the Police Department s designee by the 10 th day of each month. Contractor s failure to notify the City of all vehicles towed or impounded shall constitute inadequate performance as specified in section 15 of this agreement. The City reserves the right to conduct an audit of all bills and records relevant to this contract at least twice a year. 12. SERVICE CALL CANCELLATION A. The City reserves the right to cancel a request for the services of the Contractor at any time, including up to the time of hook-up, without either the City or the owner/operator of the vehicle incurring any charges. If the owner of the vehicle arrives on the scene before the vehicle is towed, and the vehicle can be safely moved by the owner, in the opinion of the officer in charge of the scene, no charge will be made. Contractor agrees that the mere response to a service call scene without other action does not constitute a service call for which Charges are applicable.

9 PAGE 9 of INDEMNIFICATION AND INSURANCE REQUIREMENTS A. Contractor shall defend, indemnify and hold harmless the City of Saginaw, its officers, directors, employees, successors, and assigns from and against all claims, demands, suits, causes of action, judgments, awards, damages and losses (including attorney s fees and costs) for personal injury or property damage asserted by any person or persons to the extent arising or alleged to have arisen out of the acts or omissions of Contractor (or any person or party working on behalf of or through Contractor) in the performance of execution of the contract. B. During the life of the contract, the Contractor shall effect and maintain the following types of Insurance: COMPREHENSIVE GENERAL LIABILITY INSURANCE Policy shall provide coverage in the following minimum amounts: Coverage Limits of Liability Bodily Injury Per Occurrence $1,000,000 Aggregate $1,000,000 Property Damage Per Occurrence $1,000,000 Aggregate $1,000,000 Bodily Injury & Property Damage Combined Per Occurrence $1,000,000 Aggregate $2,000,000 BUSINESS AUTOMOBILE INSURANCE The limits shall be as follows: Coverage Limits of Liability Bodily Injury Each Person $1,000,000 Each Accident $1,000,000 Property Damage Each Accident $1,000,000

10 PAGE 10 of 21 GARAGE LIABILITY INSURANCE The limits shall be as follows: Garage keepers Liability $ 300,000 Physical Damage Collision Minimum Coverage Form to be Legal Liability Deductible per vehicle Deductible per occurrence Deductible - Broad Form $ 100 $ 500 $ 250 WORKERS COMPENSATION INSURANCE Contractor shall furnish the City with satisfactory proof that Workers Compensation has been taken out for the period covered by the work under this contract with full coverage required by Michigan Law for all persons employed by Contractor. Required Limits are as follows: Coverage Limits of Liability Bodily Injury by Accident Each accident $ 100,000 Bodily Injury by Disease Each employee $ 100,000 Policy Limit $ 500,000 COMMERCIAL UMBRELLA POLICY The bidder shall procure and maintain an umbrella policy over and above the limits previously listed in an amount no less than the following: Coverage Limits of Liability Limit of Liability Per Occurrence $1,000,000 Aggregate Limit $1,000,000 Certificates must be received by the City of Saginaw from your respective insurance company before services are provided.

11 PAGE 11 of 21 C. The City of Saginaw shall be listed as an additional insured on the comprehensive general liability, garage liability, and umbrella policies. Financially responsible companies, licensed in the State of Michigan, and satisfactory to the City, shall carry such insurance. Contractor shall submit to the City for review and approval certificates of insurance for the above-required coverage prior to the award of the contract and annually thereafter. The policies of insurance shall provide at least 30-days written notice to the City of any changes in the policies and any cancellation or termination thereof. 14. CONDITION OF THE SCENE. Contractor will be responsible for the clearing of cars and all other debris from the scene as directed by the officer in charge or as is necessary for the safety of other motor vehicles. The operator shall remove all glass, vehicle parts and other debris from the scene whenever a vehicle is towed. Concerns regarding hazardous material clean up shall be referred to the City of Saginaw Fire Department. 15. LENGTH OF THE CONTRACT The life of the contract entered into between the City and the Contractor will be for a period of three (3) years, commencing July 1, 2015, through June 30, The City reserves the right to extend this contract for no more than two (2) optional one (1) year extensions providing the current contract holder agrees to keep the same original pricing. 16. DEFAULT OF CONTRACTOR The City shall be the sole judge of inadequacy of performance. The City reserves the right to take any or all of the following actions because of inadequate performance on the part of the Contractor: A. Terminate the contract. Before the City exercises its right to terminate the contract, the City will afford Contractor an opportunity to respond within forty-eight (48) hours to allegations of inadequacy or failure to perform the contract properly and remedy same. The City Manager or Chief of Police shall be the depository of such contract termination powers. Termination is subject to the approval of the City Council. B. Have another party provide towing and storage of vehicles as needed. Contractor agrees to reimburse the City or other party for damages and costs in the event this is done. These damages and costs may include, but are not limited to, labor costs, towing and storage fees, and other damages resulting from having another party perform the services.

12 PAGE 12 of FINANCIAL ARRANGEMENTS A. Vehicles Not Impounded or Towed at the Direction of the City. 1. In cases where the Police Department has merely been the intermediary in the summoning of aid on behalf of a vehicle s owner, operator, or agent, and the vehicle has not been taken into custody by the Police Department, fees will be collected by the Contractor directly from the vehicle owner, operator or agent. 2. Contractor shall establish the amount of a reasonable daily storage fee. If the vehicle is unclaimed by the owner, it shall be disposed of pursuant to the Motor Vehicle Code. If the sale price is insufficient to cover the towing and storage fees, the City shall not be liable for the difference. No additional fees or charges will be paid to Contractor. Contractor will reimburse the City for its expenses, if any, in disposing of vehicles not impounded by the City. 3. Contractor, in the same manner and course as any individual seeking release of a vehicle, shall pay the City any fee established for the provision of a RELEASE OF VEHICLE form. B. Vehicles Impounded or Towed at the Direction of the City. 18. DISPOSAL 1. The cost of towing and storage shall be determined in accordance with this contract. Contractor will collect from the vehicle s owner or agent all towing and storage fees for vehicles towed or impounded at the direction of the City. The Contractor shall receive 100% of the towing and storage fees for each vehicle. 2. The City shall not be responsible for towing or storage fees associated with abandoned or privately owned vehicles. As a consideration for the amount of business that this proposal will provide the successful bidder, no charges or added fees will be paid to Contractor by the City for services associated with any disposal methods that the City may use. The Contractor shall allow the City space, access and time to conduct a public viewing for purposes of accepting public bids for vehicles or groups of vehicles at the discretion of the Police Department. A. Contractor shall assist the Police Department in the disposal of all unclaimed vehicles in accordance with Federal, State, county, and local laws and ordinances. The storage yard shall be made available upon request of the Police Department for purposes of disposal of unclaimed vehicles and related equipment, including public auctions. Prior to the day of the auction, Contractor will provide a detailed bill on each vehicle being auctioned. The bill will show the itemized costs for each vehicle. Contractor shall be entitled to receive from any such sale monies received from each individual vehicle/equipment sale up to an amount of the towing and storage fees owed the Contractor for that vehicle/equipment. If the sale price is insufficient, the City shall not be liable to the Contractor to make up the difference. All monies received in excess of such fees shall be disbursed according to applicable State law.

13 PAGE 13 of 21 B. Contractor agrees to supply all needed manpower and equipment, as determined by the Police Department, to conduct an auction at no cost to the City. Contractor will, however, not be responsible for paying the salaries of any City employee assigned by the City to assist with the auction. C. The City shall set the minimum acceptable bid for public sale of any vehicle, group of vehicles, or equipment. If any vehicle or equipment is not sold and the City does not wish to take possession or prepare the vehicle for a later auction date, Contractor shall become the owner of the vehicle or equipment and shall be responsible for its disposal. THIS REQUEST FOR SEALED BID PROPOSAL (RFP) AND INSTRUCTIONS AND SPECIFICATIONS FOR TOWING AND STORAGE OF VEHICLES AND ASSOCIATED DOCUMENTS SHALL BECOME INCORPORATED INTO THE TERMS AND CONDITIONS OF THE CONTRACT/AGREEMENT BETWEEN THE CONTRACTOR AWARDED THE BID AND THE CITY OF SAGINAW. FOB: CITY OF SAGINAW DELIVERY: DAYS WEEKS VARIOUS LOCATIONS SAGINAW, MI TERMS: AS PART OF THE CONSIDERATION FOR THIS BID, THE UNDERSIGNED DOES HEREBY AGREE TO HAVE WITHHELD FROM ANY PAYMENT DUE THEM, ANY AMOUNTS OWED FOR TAXES, FEES OR OTHER CHARGES DUE THE CITY OF SAGINAW. TAX PERCENTAGE IS 1.5% ON INCOME EARNED IN THE CITY. CHECK LIST: BEFORE SUBMITTING YOUR BID YES 1. Before the bid due date, check our web-site bid copy to make sure there are no description, quantity or Addendums changes. (Go to click on Look Up a Bid ). 2. Assuming they are permitted, if you re submitting an alternate(s) bid the pricing must be clearly listed and the page labeled ALTERNATE. All support information should also be attached and labeled Alternate #1, #2, #3, etc. 3. Is your bid signed (IN BOTH PLACES) by an authorized representative of your company? 4. Have you provided the Terms & Delivery information requested? 5. Is the OUTSIDE of your FEDX, UPS OR REQULAR ENVELOPE properly labeled with the bid number? 6. Are you submitting your original bid plus ONE (1) COPY as required? 7. If your bid is over $100, do you have a Bid Bond, Certified Bank Check or Money Order enclosed? a. Multiple year bids must be added together to get your total. b. If submitting an alternate proposal along with your original bid, only one (1) of the above mentioned items is required. NOTE: An original Bid Bond, Certified Check, Bank Money Order or Cashier s Check in the amount of three percent (3%) of the total amount bid must be submitted with any bid in excess of $100,000. Facsimiles or copies of bid bond will not be accepted and bid will be disqualified if submitted.

14 PAGE 14 of 21 THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, OR PARTS THEREOF, AND TO WAIVE ANY IRREGULARITIES IN THE BID EXCEPT THOSE SPECIFICALLY MENTIONED IN THE SEALED BID INSTRUCTIONS. AS PART OF THE CONSIDERATION FOR THIS BID, THE UNDERSIGNED DOES HEREBY AGREE TO HAVE WITHHELD FROM ANY PAYMENT DUE THEM, ANY AMOUNTS OWED FOR TAXES, FEES OR OTHER CHARGES DUE THE CITY OF SAGINAW. PER SECTION 14 OF THE CITY OF SAGINAW UNIFORM INCOME TAX ORDINANCE, THE TAX PERCENTAGE IS 1.5% ON INCOME EARNED FROM THE CITY. THE TAX SHALL APPLY ON THE TAXABLE NET PROFITS OF A CORPORATION DOING BUSINESS WITH THE CITY, BEING LEVIED ON SUCH PART OF THE TAXABLE NET PROFITS AS IS EARNED BY THE CORPORATION AS A RESULT OF WORK DONE, SERVICES RENDERED AND OTHER BUSINESS ACTIVITIES CONDUCTED WITH THE CITY, AS DETERMINED IN ACCORDANCE WITH THIS ORDINANCE. ADDITIONAL BIDDER REQUIREMENTS: INDEMNITY AND INSURANCE REQUIREMENTS INDEMNITY: The Contractor shall indemnify and save harmless the City of Saginaw, its officers and employees of and from all loss or damage caused to any person or property by reason of any carelessness or negligence in the doing or making of the work specified herein, and by reason of failure to pay all persons who shall supply said Contractor with materials, provisions and supplies for the performance and completion of said contract, and to promptly pay all just debts, dues and demands incurred in the completion of this contract, or of whatsoever other kind or nature, which shall be caused by delay or failure in the performance and completion of this contract, and further to indemnify and save harmless of and from all suits and actions the City of Saginaw, its officers and employees, on account of any injuries or damages sustained by any person or persons by reason of any act, or omission or negligence, or by the use of improper or defective material on the part of said Contractor in the performance of any part of this contract, and further to indemnify and protect any and all demands, fees or royalties for any patented invention, materials, articles, methods, arrangements or process of manufacture or any infringements thereon, that may be used on or be in any manner connected with the construction, erection or maintenance of the work, material, or any part thereof, embraced in this contract. INSURANCE: During the life of the contract, the Contractor shall effect and maintain the following types of insurance: Comprehensive General Liability, including contractual liability with combined single-limit coverage of at least $500,000 naming the City of Saginaw as additional insured. Automobile Liability Worker's Disability Insurance

15 PAGE 15 of 21 Such insurance shall be carried by financially responsible companies, licensed in the State of Michigan, and satisfactory to the City. The Contractor shall submit to the City for review and approval certificates of insurance for the above required coverage s. The certificate of insurance shall provide at least 30- days written notice to the City of any changes in the policy and any cancellation or termination thereof PREFERENCE FOR LOCAL BIDDERS. (A) If the lowest bidder is not a Saginaw-based bidder, as defined above, any Saginawbased bidder with a bid within 5% but not more than $5,000 of the lowest bid shall be deemed the lowest bidder if it agrees to reduce its bid to match the bid of the lowest bidder. A lowered bid by a Saginaw-based business which is premised upon, in whole or in part, changes to or variances to the bid specifications, contract requirements, or scope of work, shall be considered non-responsive and will not be considered. (B) If such a Saginaw-based business refuses to reduce its bid to match the lowest bid, then the next lowest responsive and responsible Saginaw-based business with a bid within 5% but not less than $5,000 of the lowest bid shall be deemed the lowest bidder, if it agrees to reduce its bid to match the bid of the lowest bidder. (C) If no responsive and responsible Saginaw-based businesses within 5% but not more than $5,000 of the lowest bid agree to reduce their bids, then the contract shall be awarded to the person or business with the lowest, most responsive and responsible bid. (D) In the event of a tie between two (2) or more Saginaw-based businesses, where all other factors are equal, the award of the bid shall be by coin toss conducted by the Purchasing Officer or his/her designee. (E) No contract awarded pursuant to this ordinance shall be sublet in any manner that permits 50% or more of the dollar value of the contract to be performed by a subcontractor or subcontractors who do not meet the definition of Saginaw-based. (F) The section shall not waive or constrain, in any manner, the right and prerogative of the City to reject any and all bids or proposals from any Saginaw-based business which fails to meet the requirements of any other section of this ordinance, or to reject a bid which is in any way incomplete, irregular, not responsive or not responsible. BIDDER REQUIREMENTS: 1. EACH PROPOSAL SHALL BE GOOD FOR 120 DAYS FROM THE BID OPENING DATE OR STATE HOW LONG YOUR PRICING IS GOOD FOR. 2. EACH BIDDER SHALL INCLUDE ONE (1) ADDITIONAL COPY OF YOUR PROPOSAL MARKED COPY. 3. EACH BIDDERS ENVELOPE, FEDEX BOX/LETTER, UPS BOX/LETTER OR ANY OTHER METHOD OF SEALED DELIVERY MUST HAVE THE BID NUMBER ON THE OUTSIDE OF THE CONTAINER. UNMARKED BIDS WILL BE DISQUALIFIED AND RETURNED UNOPENED! 4. ALL BIDS OVER $100, MUST INCLUDE A BID BOND, CERTIFIED BANK CHECK OR MONEY ORDER. IF AGREEMENT IS FOR MULTIPLE YEARS, EACH YEAR SHOULD BE ADDED FOR YOUR TOTAL. (SEE SEALED BID INSTRUCTIONS PAGE)

16 PAGE 16 of EACH CITY OF SAGINAW DEPARTMENT SHALL BE VIEWED AS A SEPARATE ACCOUNT (NOT A BLANKET ACCOUNT) WITH THE RESPECTIVE SUCCESSFUL BIDDER(S). 6. WHEN A BRAND IS IDENTIFIED, OR WHEN A SPECIFIC METHOD OR PROCESS IS REQUESTED, YOU MAY QUOTE AN EQUAL. YOU MUST IDENTIFY THE BRAND, MODEL, PART NUMBER, ETC., METHOD OR PROCESS AND ENCLOSE LITERATURE VERIFYING EQUAL (WHEN APPLICABLE). CITY PERSONNEL RETAIN THE RIGHT TO DETERMINE EQUALS. IF THE ITEM(S) STATES NO SUBSTITUTES, NO SUBSTITUTES WILL BE ACCEPTED. 7. ALL SHIPPING AND HANDLING CHARGES & ALL COST ASSOCIATED WITH THE DELIVERY, INSTALLATION AND/OR COMPLETION OF THE PRODUCT OR SERVICE REQUESTED MUST BE INCLUDED IN YOUR BID PRICE, INCLUDING BUT NOT LIMITED TO ANY TITLES, FEES, AND TRANSFER COST. ALL VEHICLES PURCHASED BY THE CITY SHALL BE TITLED TO CITY OF SAGINAW. PLEASE CONSULT WITH THE PURCHASING OFFICE FOR TITLE AND LICENSE PLATE INSTRUCTIONS. WHERE APPLICABLE AND UNLESS OTHER WISE NOTED, YOUR BID PRICING MUST REMAIN CONSTANT FOR THE LENGTH OF THE AGREEMENT AND/OR CONTRACT PERIOD. 8. IN THE EVENT THE SUCCESSFUL BIDDER USES A THIRD PARTY COMPANY TO PROVIDE THE GOODS AND/OR SERVICES REQUESTED, THE SUCCESSFUL BIDDER MUST NOTIFY THE PURCHASING OFFICE BEFORE SAID GOODS ARE SHIPPED AND/OR SERVICES ARE PROVIDED. THE SUCCESSFUL BIDDER SHALL BE SOLELY RESPONSIBLE FOR PAYMENT TO THE THIRD PARTY COMPANY. 9. THE ITEMS ON THIS BID MAY BE REQUESTED ON AN AS NEEDED BASIS AS APPLICABLE. 10. REGARDING ADDENDUMS, THE FULL ADDENDUM DOCUMENT AND ANY OTHER ITEMS NOTED AS SUCH MUST BE RETURNED AND INCLUDED WITH YOUR SEALED BID. 11. ALL BIDS MUST BE RETURNED TO THE PURCHASING OFFICE AT 1315 S. WASHINGTON, SAGINAW, MI 48601, BY THE PREVIOUSLY STATED DUE DATE. PLEASE NOTE: THE PURCHASING OFFICE NOW CLOSES AT 4:00 P.M. DAILY. AS SUCH, BIDS HAND- DELIVERED PRIOR TO THE ABOVE MENTIONED DEADLINE MUST BE RECEIVED BEFORE THE OFFICE CLOSES. 12. IRAN ECONOMIC SANCTIONS ACT: The act provides that Iran linked businesses are ineligible from submitting a bid on the City s requests for proposals. The Act further provides that the City shall require all bidders to certify that they are not Iran linked businesses. Definition: Iran linked businesses are those linked to the Iranian energy sector. An Iran linked business is specifically defined as: (i) A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran. (ii) A financial institution that extends credit to another person, if that person will use the credit to engage in investment activities in the energy sector of Iran. The provisions of the Act are only in effect if a country is a state sponsor of terror. A state sponsor of terror is defined as any country determined by the United States secretary of state to have repeatedly provided support for acts of international terrorism. Iran is currently on the US SOS state sponsor of terrorism list ( along with Cuba, Sudan, and Syria.

17 PAGE 17 of 21 THE SUCCESSFUL BIDDER WILL CONFORM TO ALL SPECIFICATIONS & REQUIREMENTS WHICH ARE ATTACHED AND INCORPORATED AS PART OF THIS BID. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, OR PARTS THEREOF, AND TO WAIVE ANY IRREGULARITIES IN THE BID EXCEPT THOSE SPECIFICALLY MENTIONED IN THE SEALED BID INSTRUCTIONS. By signature, the bidder acknowledges that the signer has complete authority to execute the bid on behalf of the bidder and that the bid is genuine and not collusive in any manner; and that no other bidders were improperly induced to refrain from bidding or induced to submit a sham bid; and that the bidder agrees to have withheld from any payment due them, any amounts owed for taxes or other charges due the City of Saginaw; and that successful bidders are subject to mandatory City of Saginaw income tax withholdings. COMPANY: DATE: SIGNATURE: (INK) PRINTED NAME TIITLE: ADDRESS: TELEPHONE#: FAX #: VERY IMPORTANT!!! Michigan s Iran Economic Sanctions Act: The signature below certifies your company is in compliance with the Michigan Iran Economic Sanctions Act as identified on the above page of this document. Further information on this act can be viewed at ( (signature) (printed name) (title)

18 PAGE 18 of 21 IF THIS BID PROPOSAL IS SELECTED AS THE LOWEST AND BEST OFFER, IT WILL BE ACCEPTED IN THE FOLLOWING MANNER: 1) THE CITY COUNCIL WILL APPROVE THIS BID PROPOSAL AT A REGULARLY SCHEDULED OR SPECIAL MEETING. 2) THE CITY'S PURCHASING OFFICER WILL SIGN THIS BID PROPOSAL ON BEHALF OF THE CITY. THE BID PROPOSAL SHALL THEN CONSTITUTE A WRITTEN CONTRACT BETWEEN THE PARTIES. 3) FOR ADMINISTRATIVE PURPOSES, THE CITY WILL ALSO ISSUE A SEQUENTIALLY NUMBERED PURCHASE ORDER. CITY OF SAGINAW, a Municipal Corporation BY: DATE: (PURCHASING OFFICER) 1315 S. WASHINGTON SAGINAW, MICHIGAN TELEPHONE: (989) FACSIMILE: (989) THE PURCHASE ORDER/CONTRACT CANNOT BE INCREASED OVER 10% OF THE TOTAL PURCHASE ORDER UP TO FIFTY THOUSAND 00/100 ($50,000.00) DOLLARS WITHOUT THE PRIOR APPROVAL OF CITY COUNCIL. THIS OFFER IS ACCEPTED BY THE ISSUANCE OF A PURCHASE ORDER SIGNED BY THE CITY PURCHASING OFFICER FOR ALL OR ANY PORTION OF THIS BID AND SHALL CONSTITUTE A CONTRACT BETWEEN THE PARTIES. ALL INVOICES MUST BE SUBMITTED WITHIN SIXTY (60) DAYS FROM THE TIME OF DELIVERY OF GOODS OR SERVICES OR THE COMPLETION OF PROJECTS. INVOICES MUST MAKE REFERENCE TO A VALID PURCHASE ORDER NUMBER IN ORDER TO BE PAID. ALL INVOICES THAT DO NOT REFERENCE A VALID PURCHASE ORDER NUMBER WILL BE RETURNED TO THE ORIGINAL SOURCE.

19 City of Saginaw, Michigan Purchasing Division (989) SEALED BID INSTRUCTIONS SEALED BIDS MUST BE SUBMITTED ACCORDING TO THE FOLLOWING INSTRUCTIONS OR YOUR BID WILL BE DISQUALIFIED 1. Bids must be submitted on printed forms furnished by the City Purchasing Office. Voluntary alternates may be attached to bid form, if necessary. 2. Bids must be in ink or typewritten. 3. Bids must contain bidder s complete name, address and telephone number. 4. Bids must be signed in ink and dated. 5. Bids must include delivery or completion time. 6. If an addendum (Form B02) is issued by the City, it must be signed, dated and returned with bid. 7. An original bid bond, certified check or cashier s check in the amount of three percent (3%) of the total amount bid must be submitted with any bid in excess of $100,000. Facsimiles or copies of bid bond will not be accepted and bid will be disqualified if submitted. 8. All erasures or corrections to pricing information must be initialed in ink. 9. In case of a discrepancy between a unit price and its extension, the unit price will be considered correct and the bid will be recalculated to determine the amount bid. All addition errors will be corrected and the total bid will be adjusted to reflect the corrections. 10. All bids must be in the City Purchasing Office by the date and time specified on bid forms. The Purchasing Office is located at Saginaw City Hall in room # EACH BID MUST BE ENCLOSED IN A SEPARATE SEALED ENVELOPE WITH SEALED BID AND THE BID NUMBER MARKED ON THE FRONT. 12. Each bidder s envelope, FED EX box/letter, UPS box/letter or any other method of sealed delivery must have the bid number on the outside of the container. UNMARKED BIDS WILL BE DISQUALIFIED. NO CONTRACT SHALL BE VALID UNLESS APPROVED BY CITY COUNCIL. Pursuant to the Charter of the City of Saginaw, written contracts involving the expenditure of $2,000 or more shall require the approval of City Council. No City employee has the authority to bind the City to such a contract. RIGHT OF CITY TO ACCEPT OR REJECT BIDS THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS, OR PARTS THEREOF, AND TO WAIVE ANY IRREGULARITIES IN THE BID EXCEPT THOSE SPECIFICALLY MENTIONED ABOVE.

20 GENERAL INFORMATION MAIL OR DELIVER ALL SEALED BIDS TO THE FOLLOWING ADDRESS BY THE DATE, TIME AND OFFICE HOUR DEADLINE SPECIFIED ON BID FORM: CITY OF SAGINAW PURCHASING OFFICE ROOM # S. WASHINGTON AVENUE SAGINAW, MICHIGAN NO CONTRACT SHALL BE VALID UNLESS APPROVED BY CITY COUNCIL Pursuant to the Charter of the City of Saginaw, written contracts involving the expenditure of $2,000 or more shall require the approval of City Council. No City employee has the authority to bind the City to such a contract. ALTERATION OF BID BY BIDDER After bids have been opened, the bidder will not be allowed to withdraw, modify, or correct any bid. EVIDENCE OF BIDDER S QUALIFICATIONS Bidders may be required to give some satisfactory evidence that they have been regularly engaged in the business or are reasonably familiar therewith, and that they are fully prepared with the necessary capital, materials, and machinery to complete the work or to furnish the materials contracted for to the satisfaction of the City. FAMILIARITY OF BIDDER WITH CONTRACT REQUIREMENTS Bidders are warned that they must inform themselves of the character and amount of work, labor, or material to be furnished under the contract. CONTRACT ASSIGNMENTS OR TRANSFERS PROHIBITED The assignment or transfer of a contract or of interests in the contract are prohibited unless approved by the proper City department and City Council. CITY INCOME TAX COMPLIANCE Bidders are hereby notified that the City of Saginaw has an income tax. All successful bidders will be subject to income tax withholdings and compliance is mandatory. WITHHOLDING FROM PAYMENTS As part of the consideration for any bid/contract, all bidders agree to have withheld from any payments due them, any amounts for taxes, fees or other charges due the City of Saginaw. CONTRACT COMPLIANCE ORDINANCE The City of Saginaw has a Contract Compliance Ordinance which requires bidders to submit documentation furnished by the City indicating compliance with the Ordinance. Contract compliance forms must be sent to the City Purchasing Office; 1315 S. Washington Avenue; Saginaw, Michigan Forms may be obtained by calling (989) INSTRUCTIONS AS PART OF CONTRACT These instructions are to be construed with and made a part of the contract or purchase order.

21 NOTICE TO ALL BIDDERS SEALED BID DOCUMENTS: EFFECTIVE IMMEDIATELY: All interested bidders may obtain Sealed Bid Document Forms, proposal instructions, general specifications and Bid Results from the City of Saginaw internet Web Site ( (GO TO Look up a bid and scroll down to the applicable document). YOU CAN REFER TO THIS SITE FOR INFORMATION ON OUR FUTURE BID REQUIREMENTS AS WELL AS BID RESULTS. Companies who do not have access to the Internet may contact the Purchasing Office at (989) for bid document copies. PLEASE MAKE NOTE OF THIS NEW FORMAT FOR RECEIVING OUR BID DOCUMENTS.