CITY OF BIRMINGHAM, MI



CITY OF BIRMINGHAM, MI

SEALED PROPOSALS REQUESTED

Sealed proposals endorsed “Baldwin Public Library Window Restoration”, will be received at the Office of the City Clerk, 151 Martin Street, PO Box 3001, Birmingham, Michigan, 48012; until 2:00 p.m., Monday, September 8, 2003, after which time bids will be publicly opened and read. Bidders will be required to attend a pre-bid meeting on Monday, August 25, 2003 at 8:30 a.m.

The City of Birmingham is accepting sealed bid proposals for the work to be performed as specified in the City’s performance specification for Window Restoration.

Information regarding the City of Birmingham’s bidding process and procedure may be obtained at ci.birmingham.mi.us. Follow the link for bid opportunities or go to and click on the “MITN” link-bid opportunities. Feel free to contact our office should you have any questions 248-644-1800, extension 342.

The acceptance of any proposal made pursuant to this invitation shall not be binding upon the city until a written purchase order has been delivered to the successful bidder.

Carlos Jorge

Building Maintenance Supervisor

Publish: August, 2003

REQUEST FOR PROPOSAL

TO PROVIDE

Window Restoration Services

The City of Birmingham is accepting sealed bid proposals from firms specializing in windows restoration to restore the windows at the Baldwin Public Library.

Sealed bid proposal responses should be sent to:

City of Birmingham

Attn: City Clerk

P.O. Box 3001

Birmingham, Michigan, 48012.

Prior to submitting a bid, interested firms are required to attend a pre-bid meeting to view the building. The pre-bid meeting is scheduled for Monday, August 25, 2003 at 8:30 a.m. in conference room 203 of the Birmingham Municipal Building located at 151 Martin Street in Birmingham, Michigan

All bid proposals must be received by 2:00 PM on Monday, September 8, 2003. The bid opening will be at this time.

The City reserves the right to reject any and/or all proposals received, waive informalities, or accept any proposal it deems best.

There is no expressed or implied obligation for the City of Birmingham to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.

GENERAL

The purpose of this RFP is to request qualified parties to present their qualifications and capabilities for window restoration of the Baldwin Public Library, for the City of Birmingham, Michigan.

For purposes of this RFP the City of Birmingham will hereby be referred to as “City” and the private firm will hereby be referred to as “Contractor.”

During the evaluation process, the City reserves the right where it may serve the City’s best interest to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation.

It is anticipated the selection of a firm will be completed by September 29, 2003. Following notification of the selected firm, it is expected a contract will be executed between both parties within 10 calendar days. From the day executed, the engagement must begin within 10 calendar days.

INVITATION TO SUBMIT A PROPOSAL

Proposals shall be submitted no later than 2:00 p.m., on Monday September 8, 2003 to:

City of Birmingham

Attn: City Clerk

P.O. Box 3001

Birmingham, Michigan 48012

One (1) original of the proposal shall be submitted. The proposal should be firmly sealed in an envelope, which shall be clearly marked on the outside, “Baldwin Public Library Window Restoration.” Any proposal received after the due date cannot be accepted and will be rejected and returned unopened, to the proposer. Proposer may submit more than one proposal provided each proposal meets the functional requirements.

PRE-BID MEETING

Prior to submitting a bid, interested firms are required to attend a pre-bid meeting to view the windows of the building. The pre-bid meeting is scheduled for Monday, August 25, 2003 at 8:30 a.m. in the conference room 203 of the Birmingham Municipal Building located at 151 Martin Street in Birmingham, Michigan

THE FOLLOWING SHALL BE INCLUDED WITH THE PROPOSAL

A. A completed and signed Bidder’s Agreement (included in this RFP)

B. A brief history of your company.

A. The qualifications of personnel who will be responsible for directing operations and performing work for the Contractor.

B. Client references including telephone numbers for the previous three- (3) years.

PROPOSAL DEVELOPMENT COSTS

The cost of preparing and submitting a proposal is the responsibility of the proponent and shall not be chargeable in any manner to the City.

TERMS AND CONDITIONS

A. The city reserves the right to reject any or all proposals or to award the contract to the next most qualified Contractor if the successful Contractor does not execute a contract within (10) days after the award of the proposal.

B. The city reserves the right to request clarification of information submitted and to request additional information of one or more applicants.

C. Any proposal may be withdrawn up until the date and time set above for the opening of the proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days, to provide the services set forth in the proposal.

D. Settlement of disputes: Any disputes arising under this contract shall be settled either by commencement of a suit in Oakland County Circuit Court or by compulsory arbitration, at the election of the city. If the Contractor feels aggrieved, he shall advise the city of any dispute he has arising out of this contract and shall be resolved by submitting it to compulsory arbitration or by the commencement of a suit in the Oakland County Circuit Court or any other court having jurisdiction. The city shall make its election within thirty (30) days from the receipt of such notice.

If the city elects to have the dispute resolved by compulsory arbitration, it shall be settled pursuant to Chapter 50 of the Revised Judicature Act for the State of Michigan, with each of the parties appointing an arbitrator and the two thus appointing a third. The Oakland County Circuit Court or any court having jurisdiction may render a judgment upon the award of the arbitrators. In the event that the city elects not to have the matter in dispute arbitrated or fails to make such an election, any dispute between the parties may be resolved by the filing of a suit in the Oakland County Circuit Court. In the event that the city feels aggrieved, it shall elect the method of resolving its dispute by either demanding that the matter be arbitrated or by filing a suit in the Oakland County Circuit Court.

E. Insurance Requirements: The contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the City of Birmingham.

1. Workers' Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable; (F) Annual per contract aggregate.

3. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including all applicable no-fault coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

4. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following shall be Additional Insureds. The City of Birmingham including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof.

5. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Thirty (30) days Advance Written Notice of Cancellation or Non-Renewal shall be sent to: Christine Underwood, City of Birmingham, P.O. Box 3001, 151 Martin Street, Birmingham, Michigan 48012.

6. Proof of Insurance Coverage: The Contractor shall provide the City of Birmingham at the time the contracts are returned for execution, Certificates of Insurance and/or policies, acceptable to the City of Birmingham, as listed below.

a. Two (2) copies of Certificate of Insurance for Workers' Compensation;

b. Two (2) copies of Certificate of Insurance for Commercial General Liability;

c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance;

d. If so requested, Certified Copies of all policies mentioned above will be furnished.

Coverage Expiration: If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to the City of Birmingham at least (10) days prior to the expiration

F. Execution of Contract: The Contractor also agrees to provide all insurance coverage as specified. Upon failure of the Contractor to obtain or maintain such insurance coverage for the term of the agreement, Birmingham may, at its option, purchase such coverage and subtract the cost of obtaining such coverage from the contract amount. In obtaining such coverage, Birmingham shall have no obligation to procure the most cost-effective coverage but may contract with any insurer for such coverage.

The bidder whose proposal is accepted will be required to execute the contract and to furnish sureties hereafter specified within ten (10) days after receiving notice of such acceptance; and in case of refusal or failure to do so shall be considered to have abandoned all rights and interest in the award and the contract may be awarded to another.

G. Indemnification: The Contractor agrees to the fullest extent permitted by law to defend, pay on behalf of, indemnify and hold harmless the City of Birmingham, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Birmingham against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Birmingham, its elected and appointed officials, employees, volunteers or others working on behalf of the City of Birmingham by reason of

personal injury, including bodily injury and death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this agreement.

H. Conflict of Interest: The City of Birmingham will not enter into a contract to furnish materials or services to the City from any City official, his spouse, child or parent, or from any corporation, association or partnership in which any city official, his spouse, child or parent, has any direct or indirect interest.

Ownership of less than one percent (1%) of the stock or other equity interest in a corporation or unincorporated business shall not be deemed to be a disqualifying interest. Employment by a business entity shall be deemed to be a disqualifying interest only if such employment is in an administrative, managerial or executive capacity in which the employee could in any way influence the decisions of the business entity with regard to contract proposals or other transactions.

Every contract entered into by the city of Birmingham shall contain a provision to the effect that if subsequent to entering into the contract a city official, his spouse, child or parent shall become directly or indirectly interested in the contract without further liability if the disqualification has not been removed within thirty (30) days after the city has given notification of the disqualifying interest.

I. Performance Bond: The Contractor, as Principal, shall furnish a surety bond in form acceptable to City of Birmingham in an amount at least equal to one-hundred (100%) percent of the contract amount as security for faithful performance of this contract. The City of Birmingham shall be Obligee under said bond. The bond shall guarantee the faithful performance and shall indemnify and hold harmless the Obligee from all costs and damages by reason of the Principal’s failure to perform in accordance with the contract provisions. The contract, by reference, shall be an integral part of the bond. Said bond shall be with a Surety licensed and admitted to do business in the State of Michigan. The Surety shall be acceptable to the City of Birmingham.

EXAMINATION OF PROPOSAL MATERIALS

The submission of a proposal shall be deemed a representation and warranty by the Contractor that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. Statistical information which may be contained in the RFP or any addendum thereto is for informational purposes only.

ADDENDA AND INTERPRETATION

Any request for clarification of this RFP shall be made in writing and delivered to:

City of Birmingham, Attn: Carlos Jorge, 151 Martin Street, P.O. Box 3001, Birmingham, MI 48012 or faxed Attn: Carlos Jorge at (248) 644-5614.

Such request for clarification shall be delivered to the City at least five (5) business days prior to the date for receipt of proposals.

METHOD OF PAYMENT

Payment will be made within thirty (30) days after invoice has been received and accepted by the City. Invoices are to be rendered upon completion of the project.

PROJECT MANAGEMENT

The Contractor must have a vast knowledge of window restoration work in order to identify and report problems. The Contractor will meet with the City’s designated personnel to keep problems to a minimum. The Contractor shall not sublet or assign any portion of the contract.

PROPONENT CONTACT

Proponent shall provide the name, address, and telephone number of an individual in their organization to whom notices and inquiries by the City should be directed as part of this proposal.

REJECTION OF PROPOSAL

The City reserves the right to reject any and all proposals submitted and to request additional information from proposers. The award will be made to the firm, which in the opinion of the City is best qualified.

HOURS OF WORK

The work by the Contractor will take place during normal business hours Monday - Friday from 8:00 a.m. to 5:00 p.m. to facilitate completion.

SCOPE OF WORK

Window restoration shall include: Replace glaze, Prime and Repaint window frames as per specifications. There are 128 windows of varying sizes.

The contractor shall provide:

➢ Remove old glazing from all windows and window frames.

➢ Reglaze all windows and windows frame.

➢ Prime all windows and window frames.

➢ Paint all windows and window frames.

➢ Clean around all windows and window frames

CONTRACTOR RESPONSIBILITY

The Contractor shall provide all staff, vehicles, equipment, fuel, materials, parts, supplies, wages, and insurance for conducting this service.

The Contractor will complete the project within 60 days after the signing of the contract.

The Contractor shall perform all services in accordance with all legal and regulatory requirements.

CITY RESPONSIBILITY

The City shall furnish glaze, primer and paint. The Contractor shall furnish all other materials and equipment, necessary to perform the services set forth in the scope of work.

The City will provide access to all areas necessary for completion of this project.

A designated City department head has the right to inspect, verify any work performed by the Contractor.

CITYOF BIRMINGHAM

BALDWIN PUBLIC LIBRARY WINDOW RESTORATION RFP

JULY 2003

BIDDER’S AGREEMENT

In submitting this proposal, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirement of it.

2. They will enter into written contract and furnish the item or items in the time specified in conformance with the specifications and conditions contained therein for the price quoted by the proponent on this proposal.

SIGNED BY

TITLE

COMPANY

ADDRESS

DATE

TOTAL BID AMOUNT:____________________________

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