A REQUEST FOR PROPOSALS FOR DEMOLITION CONTRACTORS FOR DEMOLITION OF PROPERTIES WITH NEIGHBORHOOD STABILIZATION PROGRAM 3 ( NSP 3 ) FUNDS FOR THE CITY OF PONTIAC This is a Federally Funded project. The Contractor and Subcontractors on this project must comply with HUD contract provisions 24CFR part 85.36(i), Nondiscrimination, Equal Employment Opportunity, Affirmative Action, Section 3 requirements, Anti-Kickback Act, Federal Occupational Safety and Health Act and Department of Labor Standards and Regulations as set forth in the Contract Documents. This municipality is an Equal Opportunity Employer, businesses owned by women or minorities are strongly encouraged to bid. REQUEST FOR PROPOSAL: 8/25/2012 PROPOSALS DUE: 9/11/2012 at 4:00 PM NUMBER OF COPIES TO SUBMIT: TWO (2) Page 1
INTRODUCTION This Request for Proposal ( RFP ) is being issued by the City of Pontiac (the City ) under Neighborhood Stabilization Program 3 ( NSP 3 ). The purpose of this notice is to solicit qualifications from Demolition Contractors to create an official Bidders List. The Bidders List, as may be updated from time to time, will be used to solicit sealed bids for the demolition of properties located in targeted neighborhoods and census tracts in the City. Demolition is defined as the demolition and removal of building, basements, and foundations, as well as, the demolition and removal of site improvements, including but not limited to retaining walls, paving and foundation landscaping. Contractors with demonstrated experience in demolition and with an interest in making their services available to the City are invited to respond to this RFP. Contractors mean the companies or individuals that submit proposals in response to this RFP. It is understood that the selected Respondent acting as an individual, partnership, corporation or other legal entity, is state licensed and certified and capable of providing the specified services. The Contractor shall be financially solvent and each of its members if a joint venture, its employees, agents or sub-consultants of any tier shall be competent to perform the services required under this RFP document. The City is seeking to encourage participation by Contractors who are MBE/WBE or Section 3 business enterprises. Nothing in this RFP shall be construed to create any legal obligation on the part of the City or any Contractors. The City reserves the right, in its sole discretion, to amend, suspends, terminate, or reissue this RFP in whole or in part, at any stage. In no event shall the City be liable to respondents for any cost or damages incurred in connection with the RFP process, including but not limited to, any and all costs of preparing a response to this RFP or any other costs incurred in reliance on this RFP. All supporting documentation submitted in response to this RFP will become the property of the City. Contractors may also withdraw their interest in the RFP, in writing, at any point in time as more information becomes known. BACKGROUND Under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 (Public Law 111-203, approved July 21, 2010) ( Dodd-Frank Act ) Wall Street Reform and Consumer Protection Act of 2010 established NSP 3 Program to further the purpose of assisting in the redevelopment of abandoned and foreclosed properties by helping economically distressed City to recover from the effects of foreclosures, abandoned properties, and declining property values. The City currently has a joint agreement with Oakland County s Community and Home Improvement Division to perform eligible demolition activities with the allocated NSP 3 funds of Nine Hundred Sixteen Thousand Nine Hundred Two Dollars and 00/100( $916,902). Page 2
FEDERAL REGULATIONS Award recipients implementing the City Neighborhood Stabilization Program NSP, created under the Community Development Block Grant ( CDBG ) Program, provided for funding to be awarded for the redevelopment of abandoned and foreclosed homes and residential properties and was initially authorized under Section 2301(b) of the Housing and Economic Recovery Act of 2008 ( HERA ) (Pub. L 110-289, approved July 30, 2008). This allocation of funds is provided under Dodd-Frank Act unless stated otherwise in October 19, 2010 Federal Register/Vol. 75, No. 201/Notices 64321regarding the Dodd-Frank Act, which is posted on http://www.hud.gov/offices/cpd/communitydevelopment/programs/neighborhoodspg/pdf /nsp3nofa.pdf Respondents are strongly encouraged to read these regulations prior to submitting their response to this RFP. SCOPE OF WORK: For qualified contractor from the City s Bidders List to provide demolition services for properties listed on City s blighted/sub-standard housing. All work will be delineated in specifications and shall be bid out thru sealed bid on a per house price including the demolition and removal of the debris, as well as the backfilling, grading and seeding of those properties listed in bid package. The bids would also include an estimate of the time frame necessary to conclude the tasks delineated in the schedule. REQUEST All firms or individuals responding to this RFP must submit complete responses to the information requested in this section, and must note any exceptions to any information contained in the RFP. Proposals will be evaluated based upon the selection criteria presented below. Proposals should present information in a clear and concise manner, following the format indicated below: Statement of Qualifications: Contractor shall supply all company contact information, Current Builders License(s), Staffing, Certifications, Copy of Current Liability Insurance, along with contractors qualifications and ability to successfully provide the services requested. CONTRACTOR 1. Name, telephone number, address, e-mail and fax number of the individual designated to receive all official correspondence relating to the project. 2. Describe the Contractor s qualifications and ability to successfully provide the services requested, including a description of prior experience. Page 3
3. Provide copy of State of Michigan License for the corporation or company and an individual license. 4. Provide certified copies of Articles of Incorporation or Articles of Organization of the firm (if applicable). 5. Provide current Good Standing Certificate for the firm (if applicable). 6. Provide organizational documents for the firm such as bylaws and operating agreement (If applicable). 7. Provide a list of board of directors and officers of the firm (if applicable). 8. Provide copy of Certificate of Liability Insurance, Non-Hired Auto, and Workman s Comp. Liability insurance on an occurrence basis of at least $1,000,000 per occurrence and $2,000,000 in aggregate. (Appendix D ) 9. Provide contact names and telephone numbers for at least three (3) individuals, municipalities or companies for which you have contracted work in the past 6 months. INVITATION FOR BID Once the City compiles the list of qualified Contractors, the City will request work on behalf of the City of Pontiac Federal Programs Dept by an invitation for bid with specification for scope of services. The invitation for bid will include a pre bid meeting with shall be held at the City. The invited Contractors will be required to post a per bid bond of 5% prior to submission of the bids. Contractors will respond through sealed bids at the time and date requested in the invitation for bids. A contract will be awarded to the lowest responsible bidder. AGREEMENT The selected Contractor will be required to enter into an Agreement with the City ( Agreement ). The Agreement with the Contractor will detail the payment procedures and documentation needed for the work rendered. Performance bonds will be required for all work over $100,000.00. The billing submitted by the Contractor must provide a written description of the work completed breakdown and include any necessary justification as/if necessary including but not limited to: Page 4 Vendor Registration Packet with Oakland County; Invoice ; Waivers of Lien;
City of Pontiac Law Department Authorization to Proceed; Building Department Building Permit & Final Approval; Pontiac Engineering Department Right Of Way Permit & Final Approval Photos of Site before, during, and after demolition; State of Michigan Notification of Demolition. Waste manifest log. ADDITIONAL INFORMATION: As mentioned earlier in this RFP, the funding used for this program comes from the NSP3 provided under Section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 (Public Law 111-203, approved July 21, 2010) ( Dodd-Frank Act ) Wall Street Reform and Consumer Protection Act of 2010. This federal program has stringent requirements that the City and its contractors must adhere to in order to receive monetary reimbursement. Please review some of the requirements listed below and state in your proposal your ability to fulfill these requirements. Agree to Equal Opportunity Clause (Appendix A) Agree to Section 3 Clause (Appendix B) Priority consideration given to Minority and Women Owned Business Debarment-Service provider has not been suspended from federal benefits as listed on www.epls.gov Conflict of Interest regulations found in 24CFR 570.61 (Appendix C) The selected service provider will not use funds for lobbying, and will disclose any lobbying activities Other Applicable State and Local Laws SELECTION CRITERIA AND PROCESS An individual or firm will be selected based on materials submitted in response to this RFP, as well as possible follow up interviews. After reviewing all submittals, the City will identify the best-qualified applicant based on experience according to the following criteria: Experience Capacity Minority and/or Women s Businesses Locally Owned Business 40 Points 40 Points 10 Points 10 Points Page 5
SUBMISSIONS All submissions should be hand delivered or mailed in a sealed envelope with NSP 3 Demolition Contractor clearly marked on the front to by September 11, 2012 at 4:00 P.M. to the following: City of Pontiac Clerk s office 47450 Woodward Avenue, 1 st floor Pontiac, MI 48342 The City of Pontiac reserves the right to accept or reject any or all proposals, either in part or in whole to waive any formalities and to accept the proposal which it believes to be in the best interest of the City. If you have any questions or need additional information for this RFP then, please contact Richard Marsh at (248) 758-3783. Page 6
APPENDIX A EQUAL OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (5) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (6) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Certified By: Its: an authorized signatory Page 7
APPENDIX B SECTION 3 CLAUSE 1. All contractors and subcontractors and the City itself when acting as a contractor shall be asked to indicate a good faith effort to meet the Section 3 requirement by signing contracts which contain the clause set forth in 24 CFR 135.20(b) as follows: A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the application for or recipient of Federal financial assistance, take appropriate action pursuant to the contract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice of knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal Assistance is provided, and to such sanctions. Certified By: Its: an authorized signatory Page 8
Contractor: Conflict of Interest Statement APPENDIX C CONFLICT OF INTEREST STATEMENT The owner(s), corporate members or employees of the Contractor, shall derive any personal profit or gain, directly or indirectly, by reason of his or her participation with the City of Pontiac ( City ). Each individual shall disclose to the City any personal interest or direct relationship which he or she may have and shall refrain from participation in any decision making in related manners. Any owner, corporate member or employee of the Contractor, who is an officer, board member, a committee member or staff member of a related organization shall identify his or her affiliation with such agency or agencies; further, in connection with any policy committee or board action specifically associated with the City, he/she shall not participate in the decision affecting that entity and the decision must be made and/or ratified by the full board. At this time, I am a Board member, a committee member, or an employee of the following organizations/companies: Now this is to certify that I, except as described below, am not now nor at any time during the past year have been: 1) A participant, directly or indirectly, in any arrangement, agreement, investment, or other activity with any vendor, supplier, or other party; doing business with the City which has resulted or could result in person benefit to me. 2) A recipient, directly or indirectly, of any salary payments or loans or gifts of any kind or any free service or discounts or other fees from or on behalf of any person or organization engaged in any transaction with the City. Any exceptions to 1 or 2 above are stated below with a full description of the transactions and of the interest, whether direct or indirect, which I have (or have had during the past year) in the persons or organizations having transactions with the City. Date: Signature: Printed name: Page 9
Appendix D INSURANCE 1. INSURANCE The Contractor shall provide insurance in the name of the City of Pontiac as outlined in Section 1, Paragraph D of the General Conditions. The City of Pontiac shall be included as additional named insured on this Owners & Contractors Protective Policy. 2. LIMITS OF INSURANCE (See also Section 1 of the General Conditions) At the time of executing the contract documents the qualified service provider shall provide the City of Pontiac with proof of insurance for the following minimum coverage: Liability Insurance, Non-Hired Autos Coverage, and Workman s Compensation Insurance (Statutory Limits) Liability Occurrence Coverage ($1,000,000.00 each occurrence; and $2,000,000.00 aggregate) City of Pontiac named as additional insured. 3. INDEMNIFICATION CLAUSE The Contractor shall indemnify and save harmless the City of Pontiac for and from all claims, demands, payments, suits, actions, recoveries, and judgments; of every name and description, brought or recovered against them or to property received or sustained by any person or persons whomsoever by reason of any action or omission of the said Contractor, his agents, servants, or his contractors in the performance of said Work, or by or in consequence of any negligence or carelessness in connection with the same or on account of the death of or injuries to persons who shall be engaged in or about the work to be performed under this Contract; and on account of liability or obligation imposed directly or indirectly upon the City of Pontiac by reasons of any law of the State or the United States, now existing or which shall hereafter be enacted, imposing any liability or obligation, or providing for compensation to any person or persons on account of or arising from the death of, or injuries to employees. Said Contractor shall pay, settle, compromise and procure the discharge of any and all such claims and all such losses, damages, expenses, liabilities, and obligations, and shall defend at his own cost and expense any and all claims, demands, suits and actions made or brought against the City of Pontiac, and all Additional Named Assured, for or upon any such claim. In case the said Contractor shall fail, neglect, or refuse to comply with any of the provisions of this paragraph, the City of Pontiac may, in order to protect itself, and all Additional Named Assured, from liability, defend any such claim, demand, suits or action and pay, settle, compromise, and procure the discharge thereof, in which case the said Contractor shall repay the City of Pontiac any and all such loss, damage and expense, including attorney's fees paid, suffered or incurred by the City of Pontiac, and all Additional Named Assured, in so doing. So much of the monies due, or to become due, to said Contractor under this agreement as shall be deemed necessary by the City of Pontiac, shall or may be retained by the City of Pontiac until every and all such claims, demands, suits, actions, recoveries, judgments, liabilities and obligations have been settled and discharged and evidence to that effect furnished the City of Pontiac, or the City of Pontiac may collect the same in whole or in part in any lawful manner from said Contractor. The Contractor shall provide adequate insurance until his work is completed, with a reasonable Page 10
insurance company which meets with the approval of the City of Pontiac, covering liability to the public for loss resulting from injury to persons or damage to property arising out of or caused by his operations, acts, or omissions, or those of his subcontractors, agents, or employees in procuring work for the City of Pontiac. Such insurance coverage shall be in such amounts as are provided in public liability and property damage section herein, provided, however, that such insurance coverage shall include an endorsement providing that the contractual exclusion shall be removed or in the alternative, contractual insurance shall be afforded. If the former, such endorsement shall contain specific language as follows: "It is hereby agreed that the contractual exclusion does not apply to the contract entered into between the insured and the City of Pontiac, and each Additional Named Assured as their interest may appear for the project work. Such insurance coverage shall also contain an endorsement guaranteeing that thirty (30) days notice to the City of Pontiac and each Additional Named Assured, shall be given in writing prior to the cancellation of, or change in any such insurance." 4. EXTRAS No claim for extra compensation because of either decrease or increase in quantities will be allowed. Contractor and Owner mutually agree that in the event the Contractor is to perform services beyond, or at variance with the Scope and total price of this Contract, such services must be mutually agreed to, in advance, in writing, with agreed upon price included. Accordingly, claims for the payment of Extra Services must be substantiated by the Contractor with a written order signed by Owner or his authorized agent. 5. EMERGENCY PHONE NUMBERS The Contractor must submit Emergency (24 Hours) phone numbers on the company letterhead when submitting contracts. 6. INCLUDED WORK All items of work noted on the Plans or in the Specifications that are not specifically noted in the proposal, shall be considered as included with the contract and shall be completed at no extra cost to the Owner. 7. SUB-CONTRACTS The Contractor shall not execute an Agreement with any Sub-Contractor or sub-subcontractor or permit any Sub-Contractor or sub-subcontractor to perform any work included in this Contract without the prior written consent of Owner. Certified By: Its: Page 11