BID SPECIFICATIONS



City of Romulus

INVITATION TO BID

BID 10/11-29

Energy Efficiency and Conservation Program

Lighting Upgrades

Bid Opening May 25, 2011

INVITATION TO BID

1) The City of Romulus, Michigan is seeking bids from qualified vendors for the above named service.

2) Qualified individuals and firms wishing to submit bids must use the forms provided by the City. Bid forms and specifications may be obtained by visiting the City’s web site, to access the MITN system.

3) A mandatory pre-bid meeting will be held at 9:00am, on Thursday, May 19, 2011 at Elkins Machine & Tool, 25710 Northline Road, Romulus, MI 48174.

4) Bids must be submitted in sealed envelopes and returned to the City Clerk's Office no later than 2:00 P.M., Wednesday, May 25, 2011. At approximately 2:15, local time all timely received bids are to be publicly opened and read.

BID ENVELOPES MUST BE ADDRESSED:

CITY OF ROMULUS CLERK’S OFFICE

BID 10/11-29 - Energy Efficiency and Conservation Program – Lighting Upgrades

11111 Wayne Road

Romulus, Michigan 48174

5) The City reserves the right to reject all bids and proposals and to waive technicalities.

6) For additional information contact Lynn A, Conway, City of Romulus, Purchasing Agent, by calling (734) 955-4568 or by emailing lconway@ci.romulus.mi.us. All questions must be submitted to Lynn A. Conway by email no later than 12:00pm on Friday, May 20, 2011

Please Publish: May 12, 2011

The Journal Newspapers

INSTRUCTIONS TO BIDDERS

BID DEADLINE: In order for a bid to receive consideration, it must be received prior to the specified time of opening as indicated in the invitation to bid form. No bid will be accepted after the time specified for bid opening. The City reserves the right to postpone the bid opening for its own convenience. Any and all bids submitted must be on the Authorized Version of the bid documents furnished by the City of Romulus; failure to do so will be considered as an alternate offer and may be cause for rejection. Bids are considered received when time and date stamped and in the possession of the City Clerk’s office. It is the bidder’s responsibility to ensure that bids are received on time and in the proper office. The City Clerk’s time stamp will determine the official receipt time. Late bids received by the City of Romulus will be returned unopened to the Respondent. Bids sent by facsimile or other electronic means will be considered nonresponsive and will not be considered for award.

RESPONSIVE BIDS

THE BIDDER SHALL COMPLETELY FILL IN ALL BLANKS IN THE BID PACKAGE IN INK OR BY TYPEWRITER. Any corrections made to pricing submitted in bid documents should be initialed and dated. BIDDER CHANGES OR ALTERATIONS TO BID DOCUMENTS INCLUDING SPECIFICATIONS MAY RESULT IN A BID BEING CONSIDERED NON-RESPONSIVE. The City of Romulus will accept no changes made to the Authorized Version of the bid documents by any bidder except in those areas provided for a bidder’s response, including the “Exceptions and Pricing” sections of the bid documents. All pages and the information requested herein shall be furnished in compliance with instructions. The manner and format of submission is essential to permit prompt evaluation of all bids on a fair and uniform basis. Unless otherwise specified, the City of Romulus reserves the right to accept any item in the bids. Bidders may submit bids on any item or group of items, provided however, that the unit prices are shown as required. Accordingly, the City of Romulus reserves the right to declare as non-responsive, and reject any incomplete bid if material information requested is not furnished, or where indirect or incomplete answers or information is provided.

CHANGE OF SPECIFICATION/OFFICIAL DOCUMENTS: If any changes or alterations are made by a bidder to the documents which are undetected by the City and the bidder is awarded a contract, the original terms, conditions, and specifications in the Authorized Version of the bid document on file will be applicable during the term of the contract.

Bidders may request clarifications or additional information to the specifications provided if requests are presented to Lynn Conway, Purchasing Agent no later than five business days prior to the scheduled opening date of the bids. If in the opinion of the City, and for sufficient reason, clarification to specifications are necessary and a change in specifications is found desirable, the City will post any and all addendum on the MITN system and postpone the bid opening date, if necessary. It is the sole responsibility of the bidder to obtain any Addendum or posted changes to the Authorized Version of the Bid documents. All such changes or addenda shall become part of the contract and all bidders shall be bound by such changes or addenda.

Any bidder who submits a bid and later claims it had no knowledge of any changes, modifications, or additions made by the City of Romulus to the Authorized Version of the bid document, shall be bound by the Authorized Version of the bid, including any changes, modifications or additions to the Authorized Version. If a bid is awarded to a bidder who claims that it had no knowledge of changes, modification or additions made by the City of Romulus to the Authorized Version made by the City of the bid, and the bidder fails to accept the bid award, the City of Romulus shall recover from such bidder costs and expenses to re-bid the item.

SPECIFICATIONS

Unless otherwise stated by bidder, the bids will be considered a being in strict accordance with the City of Romulus’ applicable standard specifications, and any special specifications outlined in the bid document. Reference to a particular trade name, manufacturer’s catalogue, or model number are made for descriptive purposes to guide the bidder in interpreting the requirements of the City of Romulus, and should not be construed as excluding bids on other types or materials, equipment and supplies unless otherwise stated. However, the bidder, if awarded the contract, will be required to furnish the particular item referred to in the specifications or description unless departure or substitution is clearly noted and described in the bid. The City of Romulus reserves the right to determine if equipment/product or service being bid is equal to the specified equipment/product or service requested.

ALTERNATE BIDS

Bidders are cautioned that any alternate bid, unless requested by Purchasing, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirement of this bid, may be considered non-responsive, and at the opinion of the Purchasing Agent, may result in rejection of the bid.

PRICING

Pricing shall be stated in units of quantity specified in the Bid Document. In case of a discrepancy in computing the amount of the bid, the unit price bid will govern.

QUANTITIES

All quantities stated, unless indicated otherwise are estimates and the City of Romulus reserves the right to increase or decrease the quantity at the unit price bid as best fits its needs.

WITHDRAWAL: Bids may be withdrawn in person by a bidder, or authorized representative, provided their identity is made known and a receipt is signed for the bid, but only if the withdrawal is made prior to the stated bid deadline. No bid can be withdrawn for 90 days from its opening date except the successful company whose prices shall remain firm for the entire contract period. Bidders may reduce this period if he states so in his bid; however, the bidder runs the risk of being declared non-responsive to the specifications. In case of error by the bidder in making up a bid, the City of Romulus’ Purchasing Agent may, by discretion, reject such a bid upon presentation of a letter by the bidder which sets forth the error, the cause thereof, and sufficient evidence to substantiate the claim.

FAILURE TO COMPLY: For failure to deliver or perform in accordance with the accepted bid, the City may consider the bidder in default and take steps to protect the City's interests. The City may, without impairing its other rights and benefits, purchase all or part of the contract goods or services on the open market and charge any additional costs to the company or his surety.

Delivery: F.O.B. City of Romulus, Michigan, designated location, freight prepaid.

ERRORS OR OMISSIONS: Bidders are not, under any circumstances, permitted to take advantage of any errors or omissions in specifications. Full instructions will be given should they be called to the City’s Purchasing Agent’s attention not less than five business days before the bids are due

REQUESTS FOR PRE-BID CONFERENCES: Requests for pre-bid conferences must be submitted in writing to the City’s Purchasing Agent. Requests must be received not less than ten (10) calendar days prior to the scheduled bid opening. In the event the Purchasing Agent approves a request, notice of said pre-bid conference will be posted on the MITN system. Any changes in specifications resulting from a pre-bid conference will be issued as an addendum and shall be posted on the MITN system.

CONTRACT EXTENSIONS: All contract terms are subject to extension and/or renewal, upon mutual written agreement of the parties.

BID PRICE: All bids shall specify terms and show delivery dates. Unless otherwise provided in the specifications by the bidder, all prices quoted shall be firm for a 12-month period, commencing with the date of the award of the bid. Pricing must include all materials, labor, incidentals and expenses including but not limited to delivery costs, training, all required insurance/s, bonds, site cleanup and all other incidentals required for the completion and performance of the work under the contract as outlined in the bid documents.

AWARD: THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. THE CITY RESERVES THE RIGHT TO WAIVE TECHNICALITIES! A contract will ultimately be awarded to the lowest qualified and responsible and responsive bidder, as determined in the sole discretion of the City of Romulus or otherwise in a manner deemed by the City to be in the best interests of the City of Romulus. The City may exercise its right to weight bids based on factors deemed, in the City’s sole discretion, to be in the City’s best interests. Submission of a bid, whether determined to be the lowest actual bid or not, shall not in any way constitute a contract between the bidder and the City. No contractual relationship shall exist between a bidder and the City unless and until a written contract is approved by the bidder and the City after formal approval by the Romulus City Council.

THE LOWEST QUALIFIED AND RESPONSIBLE BIDDER IS ONE WHO, IN THE SOLE DISCRETION OF THE CITY:

• Submits no restrictions or qualifications beyond those permitted in the bid request

• Has the skill, quality and ability to conscientiously, faithfully and promptly fulfill the contract to its letter and spirit

• Has integrity, judgment, reputation and experience

• Has sound financial resources as well as the ability to furnish any and all bonding and insurance documents required

• Is able to comply with all terms and conditions set forth in the bid requests

• Can show the intent and ability to cooperate efficiently and effectively with all Government departments involved in the contractual purchase or service

• Has the knowledge of applicable existing laws and ordinances of the City of Romulus necessary to provide smooth and efficient relations

• Has unquestionable ability to provide maintenance and service on the contractual items purchased

EQUIPMENT: Bidder shall bear the risk of loss or damage and must carry property damage and liability insurance covering material and carriage until delivery to the City and/or acceptance by the City. All equipment shall be new and based upon the general requirements of the equipment as listed in the specification section of the bid documents unless as otherwise specified in the bid documents. The cost of inspections or tests and handling of goods to meet specifications will be borne by the Bidder unless as in the case of City of Romulus inspection fees listed in the specifications as fees waived.

NON-DISCRIMINATION CLAUSE: By signing and submitting this bid for consideration of an award by the City of Romulus, the bidder and any subcontractor covenants not to discriminate against an 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 that is unrelated to the individual's ability to perform the duties of a particular job or position. Breach of this covenant may be regarded as a material breach of the contract. When required by the funding body (indicated in bid specifications) bidders shall not only observe the provisions of the Davis-Bacon Act, but the letter and spirit of the just compensation standards for all wage earners. (City of Romulus Resolution #92-315)

The City of Romulus is exempt from all Sales Tax - Tax ID 38-6006334. Do not include such taxes n the proposal figure. The City will furnish the successful bidder(s) with tax exemption certificates when requested.

INDEMNIFICATION: To the fullest extent permitted by law, the successful bidder agrees to defend, pay on behalf of, indemnify, and hold harmless the City of Romulus, its consultants, agents, elected officials, appointed commissioners, volunteers and employees from and against any and all claims for losses demands, suits, or loss, including all costs connected therewith, for any damages which may be asserted, claimed or recovered against or from the City of Romulus, its consultants, agents, elected officials, appointed commissioners, volunteers and employees or others working on behalf of the City of Romulus, resulting by reason of liability or claim of liability that may occur during the performance of this contract.

FEDERAL COMPLIANCE AND REPORTING: The City of Romulus was awarded an Energy Efficiency and Conservation Block Grant (EECBG) through the Michigan Department of Energy Labor and Economic Growth’s Bureau of Energy Systems. The EECBG program is funded through the American Recovery and Reinvestment Act (ARRA). The funding for this project is provided by the ARRA.

The Contractor agrees to ensure all federal compliance for the EECBG program and ARRA is met. Please refer to the following website for general compliance requirements: . Please refer to the General Provisions attachment. Additionally, the Contractor agrees to provide all the necessary information to meet monthly and quarterly reporting requirements. The federal compliance requirements include, but are not limited to, the following:

A. Davis Bacon Act/Prevailing Wage: Contractor agrees to comply with the requirements of the Davis-Bacon Act as it applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public building or public works. All laborers and mechanics on projects funded directly by or assisted in whole or in part and through funding appropriated by the Act are paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of title 40, United States Code (Davis-Bacon Act). For information on Davis Bacon Wage Determination please reference the Department of Energy’s (DDE) EECBG Notice 10-004A and/or currently effective DDE notices. For more information and currently effective EECBG notices, please visit:

B. American Recovery and Reinvestment Act (AARA): The Contractor shall comply with the provisions of the AARA for EECGB projects. The Buy American provision in the American Recovery and Reinvestment Act of 2009 (section 1605 of Title XVI), provides that, subject to three listed exceptions (non-availability, unreasonable cost, and inconsistent with the public interest), none of the funds appropriated or otherwise made available by the Act may be used for a project for the construction, alternation, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. The law also requires this provision be applied in a manner consistent with U.S. obligations under International Agreements.

The provisions of the guidance apply to all recipients, sub-recipients and Contractor working on projects using Recovery Act funding. The Buy American Recovery Act for the construction alternation, maintenance or repair of public building or public work. The guidance below is designed to help applicants and recipients determine if their Recovery Act funded project is for the construction, alternation, maintenance or repair of a public building or public work.

More information can be found at the following links:

american_ provision.html

program_guidance_buy_american.pdf

C. Waste Stream Management: The Contractor shall satisfy Waste Stream Condition by obtaining and supplying waste management plans to support NEPA reviews for EECBG projects. The waste management plan shall be supplied by the contractor on company letterhead indicating the disposal plan and disposal facility meeting. The Contractor shall provide the Municipality with disposal tickets at the time a request for payment is issued.

Waste management plans are not required for projects that do not generate waste (e.g., hiring a contractor, conducting an energy audit). Waste management plans are also not required for projects that generate only insignificant quantities of non-hazardous waste. For example, a waste management plan would not be necessary for a retrofit project with a waste stream comprising only small quantities of caulking and associate materials. Where it is not obvious that a project will generate only insignificant quantities of waste, the Grantee should submit (or, in the case of sub grant programs, keep on file) waste management plans or seek guidance from a DOE NEPA Compliance Officer (NCO) to determine whether a waste management plan is necessary

More Information can be found at the following links:





CITY OF ROMULUS

BID 10/11-29 LIGHTING UPGRADES

SCOPE OF WORK

The City of Romulus Department of Public Works is seeking bids for the energy efficient upgrade of lighting equipment, as outlined in this bid specification, for the following facilities:

|Elkins Machine and Tool |27510 Northline Road, Romulus, MI 48174 |

|Multi Machining Capabilities |27482 Northline Road, Romulus, MI 48174 |

|Elkins Machine and Tool |27482 Northline Road (200), Romulus, MI 48174 |

|Kut-Rite Manufacturing |27456 Northline Road, Romulus, MI 48174 |

Vendors are to supply all product and installation services (material and labor) for a complete retrofit, including lamps for all new and retrofit fixtures. The following table contains an overview of the work scope for each facility.

|  |ELKINS 27510 |MULTI MACHINING CORP. |ELKINS 27482 (ST 200) |KUT-RITE MANF. |

| |12,000 SF |6,500 SF |11,500 SF |6,800 SF |

|EXISTING LIGHTING & SPECIFIED |  |  |  |  |

|RETROFIT | | | | |

|2x 8' T12HO/ES Indy |x 63 Fixtures |  |x 12 Fixtures |x 24 Fixtures |

|# RKSI-1X8-T8-4-IS-M4 |63 |  |12 |24 |

|Alumalight 1x8 4-Lamp F32T8 | | | | |

|Industrial Strip Retrofit Kit | | | | |

|with Instant Start HBF Ballast, | | | | |

|Miro4 Reflector | | | | |

|2x 4' T12HO Indy |  |x 38 Fixtures |  |  |

|#RKSI-1X4-T8-2-IS-M4 |  |38 |  |  |

|Alumalight 1x4 2-Lamp F32T8 | | | | |

|Industrial Strip Retrofit Kit | | | | |

|with Instant Start HBF Ballast, | | | | |

|Miro4 Reflector | | | | |

|2x 2'x4' T12 Flrscnt |  |x 11 Fixtures |x 8 Fixtures |x 21 Fixtures |

|#RKT-2X4-T8-2-IS-M4 |  |11 |8 |21 |

|Alumalight 2x4 2-Lamp F32T8 | | | | |

|Troffer Retrofit Kit with | | | | |

|Instant Start HBF Ballast, Miro4| | | | |

|Reflector | | | | |

|  |  |  |  |  |

|400w Metal Halide Highbay |  |  |x 33 Fixtures |  |

|#I-T8-6-IS |  |  |33 |  |

|Alumalight AlumaBeam T8 6-Lamp | | | | |

|instant start HBF 120-277V | | | | |

|fixture, Miro4 Reflector | | | | |

|  |  |  |  |  |

|75w Incandescent |x 20 Lamps for shop machines |x 10 Lamps for shop machines |x 23 Lamps for shop machines |  |

|18W Compact fluorescent lamp, |20 |10 |23 |  |

|5000K, average rated life | | | | |

|10,000 hours or greater | | | | |

|75w Incandescent |x 12 Lamps for office cans |  |  |  |

| |fixtures | | | |

|18W Dimmable Compact fluorescent|12 |  |  |  |

|lamp, 5000K, average rated life | | | | |

|8000 hours or greater | | | | |

|  |  |  |  |  |

|Incandescent Exit Sign |x 3 Exit Signs |x 2 Exit Signs |x 3 Exit Signs |x 2 Exit Signs |

|LED Exit Retrofit Kit, Red |3 |2 |3 |2 |

|EXTERIOR LIGHTING - |x 3 Fixtures |  |x4 Fixtures |x4 Fixtures |

|estimated to be 150w metal | | | | |

|halide | | | | |

|LED Wallpack 20w or option for |3 |  |4 |4 |

|68w CFL (must fit existing | | | | |

|fixture) | | | | |

|Install Occupancy Sensors |(x3) front office QC |(x2) |  |  |

|SensorSwitch Wall Switch Sensor,|office in loft breakroom |back office | | |

|1 Pole | |QC room | | |

|  |  |  |  |  |

|Destratification Fans for Shop |  |Install five (X5) Air Pear |Install eight (X8) Air Pear |Install five (X5) Air Pear |

|Area | |Thermal Equalizer Model 25 (or |Thermal Equalizer Model 25 (or |Thermal Equalizer Model 25 (or |

| | |equivalent) complete with |equivalent) complete with |equivalent) complete with |

| | |electrical provisions. |electrical provisions. |electrical provisions. |

BIDDER QUALIFICATIONS

No bid will be considered from any bidder unless known to be skilled and regularly engaged in work of a character similar to the covered by the Contract Documents. In order to aid the City in determining the responsibility of any bidder, the bidder, within forty-eight (48) hours after being requested in writing by the City to do so, shall furnish evidence, satisfactory to the City, of the bidder’s experience and familiarity with work of the character specified, and his financial ability to properly prosecute the proposed work to completion within the specified time. The evidence requested may, without being limited thereto, include the following:

• The address and description of the Bidder’s plant or place of business.

• The Bidder’s performance records (all work awarded to, or started by him within the past year.

• An itemized list of the Bidder’s equipment available for use on the bid contract.

• The Bidder’s financial statement, including statement of ownership of equipment necessary to be used in excavating work under Contract.

• Evidence that the Bidder is licensed to do business in the state of Michigan. in case of a corporation organized under the laws of any other state; and

• Such additional information as will satisfy the City that the Bidder is adequately prepared to fulfill the Contract.

The Contractor represents and agrees that he has sufficient skill and experience to determine a contract price for the performance of the work in conformity with the specifications. Unless the Contractor shall give written notice of any claimed ambiguities in the specifications to the City prior the submission of the Contractor’s bid, it shall be conclusively presumed that the Contractor has exercised his aforementioned skill and experience and finds the specifications sufficient and free from ambiguities for the purpose of determining this contract price for the performance of the work in conformity with the specifications. Submission of a bid without prior written notice to the City of any claimed ambiguities in the specifications shall constitute a waiver of any and all claims by the Contractor based upon any claimed ambiguities in the specifications.

SPECIFICATIONS AND WORK SITE EXAMINATION

Each bidder shall carefully examine the bid forms, specifications, and inspect the site of the work in order to be acquainted with the local conditions relating to the work so that he will fully understand the difficulties and restrictions attending the execution of the work according to the contract documents.

No plea of ignorance of conditions which exist or which may hereafter exist, or of any difficulties which may be encountered will be accepted as the basis for any failure or omission on the part of the Contractor to fulfill all of the requirements of this Contract, nor will such failure or omission be accepted as the basis for any claims of any nature or extra compensation or extension of time. The submission of a bid shall be considered as prima facta evidence of compliance with this section.

BID INFORMATION AND BID

• Each Bid submitted must clearly state the legal position of a bidder. In the case of a corporation, the title of the office signing must be given. In the case of a partnership, show names and address of all partners. In an individual, so state. Any individual bid not signed by the individual must have attached thereto a power of attorney evidencing authority to sign.

• The Bid shall be legibly prepared, with ink or typewriter, on the forms included herewith and in these Contract Documents. All blank spaces in the bid forms must be correctly filled in where indicated for each and every item for which a quantity is given. Changes in prices on bid sheets must be made in ink and initialed by the same person signing the bid.

• Each bid shall be accompanied by a guarantee as indicated in the Advertisement that the Bidder will, if awarded the Contract, furnish the required proof of insurance and enter into Contract with the City within five (5) days after award.

INTERPRETATIONS – ADDENDA

Should any prospective bidder find discrepancies in, or omissions in the specifications or other part/s of the Contract Document, he may submit a written request to the City for an interpretation thereof. Oral explanations and information do not constitute official notification and are not binding. The person submitting the request will be held responsible for its prompt delivery at least five days before bid opening date. Any interpretation or inquiry deemed necessary by the City shall be made in the form of an Addendum issued to all prospective bidders who have taken out Contract Documents and all such Addenda shall become a part of the Contract Document as though same were incorporated into same originally.

BASIS OF AWARD

Subject to the approval of the City, the bid will be awarded to the lowest responsible bidder. Responsibility of bidder will be determined on basis of past performance in work of similar character, equipment and labor available to do the work and financial status.

The Contract will be considered awarded after the approval of the City has been duly obtained and a formal notice of the award duly served on the successful bidder by the City. The Contract shall not be binding until the Contract has been duly executed by both the bidder and authorized officials of the City.

The City reserves the right to waive any and all technicalities and to split the award of the bid if multiple sites are listed in the demolition site specifications!

RESPONSIBILITY OF BIDDER

CONTRACT SECURITY (performance bond)

The successful bidder, hereinafter referred to as the Contractor, shall furnish a satisfactory performance bond, executed by a Surety satisfactory to the City, which Surety shall be licensed to do business in the State of Michigan, each in amount equal in rounding numbers to the full amount of the contract, one guaranteeing the faithful performance of the work in accordance with the contract

If, in the opinion the City the financial position of the surety shall become that the best interest of the Owner will not be adequately protected, the City without prejudice to the Surety, may require the Contractor to provide new Surety acceptable to the City. The Contractor shall not e reimbursed for such substitution of Surety.

INDEMNIFICATION

The Contractor agrees that he is thoroughly familiar with the work to be done under this contract and is familiar with all safety regulations of the City and State governments applicable to the work and will provide experienced and qualified full time superintendence, supervision and direction of all work done under this contract; and further the Contractor agrees to indemnify defend and save harmless the City and his consultants, agents or employees from and against all loss or expense (including costs and attorney’s fees) by reason of liability imposed by law upon the City and his consultants, agents and employees for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of the performance of this work, whether such injuries to person or damage to property, is due or claimed to be due to the negligence of the Contractor, his Subcontractors, the City and his consultants, agents and employees except only such injury or damage as shall have been occasioned by the consultants, agents and employees except only such injury or damage as shall gave bee occasioned by the sole negligence of the City and his consultants and further excepting such injury or damage due to any professional negligent act, error and omission of the City and their consultants, agents and employees.

INSURANCE REQUIREMENTS OF SUCCESSFUL BIDDER

The Company warrants by the submission of a bid that he complies with and has policies in place for all insurances required under this contract. All insurances will be written with an Insurance Company licensed to do business and maintaining an office within the State of Michigan, which office shall have the authority to process and settle claims. The Insurance Carrier must have an A.M. Best Company rating of A-, VII or better.

The successful bidder shall provide, if requested, proof of:

• Workers Compensation and Employers Liability Coverage: At a minimum, Workers compensation Insurance as required by the State of Michigan law, Michigan statutory coverage, or evidence of an exemption for sole proprietors or a State issued exemption for sole proprietors or a State issued exemption for corporations, partnerships or LLCs who have three or less employees. Employers Liability limits of $500.000 each accident, $500,000 disease policy limits and $500,000 disease each employee.

• Commercial General Liability Coverage: Including products/completed operations, contractual liability, and personal injury. This insurance shall be on a commercial insurance, occurrence form. The certificate must contain, as an endorsement the following language: “The City of Romulus, Michigan, its elected officials, officers, employees, boards, commissions, authorities, voluntary associations, and any other units operating under the jurisdiction of the City and within appointment of its operating budget including the City of Romulus are named as additional insured and said coverage shall be considered primary coverage rather than any policies and insurance or self-insurance retention owned or maintained by the City of Romulus.” The limits amount of this insurance shall be not less than $1,000,000 per occurrence, and $2,000,000 aggregate.

• Automobile Liability Coverage: The Automobile Liability Coverage shall cover all owned, non-owned, and hired automobiles with a limit of not less than $1,000,000 combined single limit each accident.

The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Notice of Cancellation, Reduction or Change: It is understood and agreed that Sixty (60) Days Advance Written Notice of Cancellation, Reduction, and/or Material Change in Coverage will be mailed to:

Ellen L Craig-Bragg, City Clerk

City of Romulus Demolition List 10-01, (Bid 10/11-08)

11111 Wayne Road

Romulus, MI 48174

PROOF OF CARRIAGE OF INSURANCE

The Contractor shall provide the City at the time contracts are returned by him for execution the certificates and policies listed below.

• Four (4) original copies of Certificates of Contractor’s Workmen’s Compensation Insurance.

• Four (4) copies of Certificate of Coverage of Employer’s Liability.

• Four (4) copies of Certificate of Coverage of contractor’s Comprehensive General Liability Insurance.

• Four (4) copies of Certificate of Motor Vehicle Liability Insurance and Michigan No-Fault Insurance covering owned hired and non-owned vehicles.

FAILURE TO EXECUTE CONTRACT

If the successful bidder fails to deliver an executed contract, or to fulfill any of the other requirements relating to the award of a contract, as herein specified, it shall be deemed just cause for the annulment of the award.

LAWS TO BE OBSERVED

In all operations connected with the work, all Federal and State Laws, Local ordinances, and laws or by-laws controlling or limiting in any way the actions of those engaged on the work shall be strictly complied with by the Contractor and all employees working under his direction.

PROTECTION AND RESTORATION OF PROPERTY

The Contractor shall restore, at his own expense, any public or private property damaged or injured in consequence of any act or omission on his part, or on the part of his employees or agents, to a condition equal or better than that existed before such injury or damage was done. If the Contractor neglects to restore or make good such damage or injury, the City may upon 48 hour notice, proceed to restore of make good such damage or injury and to order the cost thereof deducted from any, monies that are due or may become the Contractor’s for his work. .

CONTRACTOR’S RESPONSIBILITY FOR WORK

Until the acceptance by the City of any part or all of the work as provided for in the contract, the work shall be under the charge and care of the Contractor and he shall take every necessary precaution against or by any other cause whatsoever arising from the execution or the non-execution of the work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries and damage to any portion of the work occasioned by any of the above causes before its completion and acceptance.

BIDDER’S GENERAL QUESTIONNAIRE

Please give the following information regarding your company and bid:

1. Number of years experienced in this specific type of work: ________________

2. List number and types of equipment to be used if awarded this bid:

|QUANTITY |EQUIPMENT |MAKE & MODEL |

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3. List the municipalities that you have contracted with during the past 3 years. For this type of work, date/ of most recent work performed, contract person and phone#:

|CITY |DATE/S OF SERVICE |CONTACT PERSON |PHONE # |

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| | | | |

4. NAME OF BANK AND /OR OTHER FINANCIAL REFERENCE:

5. NAME OF PL/PD/BI INSURANCE CARRIER

6. NAME OF WORKMEN’S COMP. CARRIER:

SPECIFICATIONS

The scope of work includes interior lighting retrofit, exterior lighting retrofit, occupancy controls, and destratification fans. All equipment will be make/model/part as previously specified (workscope Table on pg.5-6) and detailed in attached specification sheets, or equivalent.

Interior Lighting –

All T12 retrofits to T8 will include all lamps. T8 Lamps will be 5000K with a CRI of 80 or higher and an average rated life of 24,000. hours or higher. T8 lamps are 32 watt, or alternate as recommended following the site visit. T8 ballasts should be High Ballast Factor. 

All reflectors to be Miro4 (as alternatives such as white and anodized aluminum are much less reflective, and some also can oxidize over time, reducing light output).

Alumalight AlumaBeam I-Frame Shaped Fluorescent High Bay Fixtures are specified for the following reasons: Fixture assembled in Michigan. Housing stamped in Michigan from .063″, 5052 H32-H34 or greater aluminum milled in the USA, with at least 1” deep cavity to house ballast, ventilation more than one direction to promote air flow and decrease ballast temperatures, and end plates fastened using a Tog-L-Loc rather than rivets or screws. Miro4 aluminum reflectors bent or roll-formed in the USA. Ability to accommodate 4 or 6 T5 or T8 four foot fluorescent lamps in a single housing to maintain uniform look and be adapted if needs change. UL Listed in USA and CUL Listed in Canada.

Exterior Lighting - Replacement fixtures are specified as 20 watt LED wallpacks, or alternate as recommended following the site visit.

Occupancy Sensors - SensorSwitch (or equivalent), wall switch sensor, 1 pole.

General -

o Contractor shall patch all roof, wall, and floor penetrations and that occurred as a result of removing or installing equipment and accessories.

o Contractor shall remove and dispose of existing fixtures and parts that are being retrofit.

o Contractor shall repair all damage that occurred as a result of transporting, storing, or installing the equipment and accessories.

o Contractor to follow all manufacturers recommended installation procedures.

o Contractor to adhere to all applicable building codes.

o Contractor shall submit all proposed equipment for approval prior to purchase.

o Contractor will ensure all equipment meets applicable DTE utility rebates.

o Contractor will complete the final application for DTE utility rebates.

o All equipment must be installed by June 30, 2011.

AGREEMENT FOR BID 10/11-29 - CONTRACT - Energy Efficiency and Conservation Program – Lighting Upgrades

AN AGREEMENT made this                 day of                ,            by and between THE CITY OF ROMULUS, a Michigan municipal corporation, of 11111 Wayne Road, Romulus, MI 48174, hereinafter referred to as "the City" and                                         , a Michigan                 (business or corporation, select one) of                                                                       insert address, hereinafter referred to as "the Company".

IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Engagement: the Company is hereby engaged by the City to install energy efficiency retrofits identified in the Level I Walk-Through Energy Analysis of 4 facilities completed on April 29, 2011. These facilities are located at: 1) 27482 Northline Road, Suite 200; 2) 27510 Northline Road; 3) 27456 Northline Road; and 4) 27482 Northline Road (Multi Machining Capabilities).

2. Incorporation of Documents: The documents entitled: LEVEL I WALK-THROUGH ENERGY ANALYSIS FOR: 27482 Northline Road, Suite 200; 27510 Northline Road; 27456 Northline Road; and 27482 Northline Road (Multi Machining Capabilities); INVITATION TO BID 10/11-29 - Energy Efficiency and Conservation Program – Lighting Upgrades , Three (3) copies of the Contract FOR BID 10/11-29 - Energy Efficiency and Conservation Program – Lighting, Required Proof of Insurance Coverage, Bidders Certification, W-9, hereinafter referred to as the "Bid Documents", and the Company's response thereto, are incorporated herein by reference except to the extent that the terms of this Agreement contradict the incorporated documents, in which case the terms of this Agreement shall control. In the event that a conflict exists between the incorporated documents, the Company's Proposal shall be subordinated to, and governed by the Bid Documents.

3. Term: The term of this Agreement shall commence on the date of full execution by both parties to this Agreement and be in effect for 1 year. All energy efficiency retrofits must be completed by June 30, 2011.

4. Indemnity: The Company shall indemnify, defend and save harmless the City and its consultants, agents, employees, elected officials, and appointees from and against any and all claims, losses, and/or expenses (including costs and attorney’s fees) by reason of liability imposed by law upon or claimed against the City and/or its consultants, agents, employees, elected officials, and/or appointees for any and all damages or claims of damages whatsoever arising out of or in consequence of the performance of the work, except only such injury or damage as shall have been occasioned by the sole negligence of the City. Provided, however, that nothing herein shall be construed as the City’s waiver of any governmental or other immunity to which it and/or its agents, officers, employees, or other representatives may be entitled, all of which are expressly reserved hereby

5. Insurance: The insurance requirements set forth in the Bid Documents shall be obtained and maintained during the term of this Agreement by the Company, with proof thereof furnished prior to the Company commencing performance hereunder, and upon the City's request at any time thereafter. All insurances shall be issued by companies licensed by and eligible to issue insurance policies in the State of Michigan. The insurance policies shall name the city as additional insured, and shall contain a 60 day pre-cancellation notice provision.

6. Compensation: Company shall be compensated in accordance with its Proposal, subject to the City's acceptance, as set forth in the Bid Documents.

7. Company's Representations: The warranties required by the Bid Documents and as set forth in the Company's Proposal incorporated herein by reference. Notwithstanding anything herein to the contrary, to the extent that the Company's Proposal contains additional or enhanced representations above that which is required in the Bid Documents, the representations of the Company's Proposal shall govern and be enforceable by the City.

8. Timeliness: The parties agree that time is of the essence of the Agreement.

9. Non-assignability: Neither this Agreement nor any part of it shall be assigned by either party without the prior written consent of the other party. The consent shall not be unreasonably withheld.

10. Right of Audit: The City shall have the right to inspect and audit the records of the Company relating to the materials, supplies and subcontractors used in the performance of the services described in this Agreement.

11. Entirety of Agreement; Amendments: The Agreement and the referenced documents herein contain the entire agreement and represent the understanding of the parties with respect to the subject matter contained in this Agreement, and all prior agreements or understandings of the parties are revoked. This Agreement may be amended or terminated only by a written instrument executed by the parties. There are no agreements, restrictions, promises, covenants, or other undertakings other than those expressly set forth in this Agreement.

12. Default; Termination: The failure of either party to perform any term, condition, or covenant made or undertaken by it, or the violation of any warranty or representation in this Agreement, shall be deemed a material default of this Agreement. If a default occurs and remains uncured by the defaulting party for 30 days after the other party has given a notice of default, the non- defaulting party shall have the right to terminate this Agreement. The right to terminate shall be cumulative and in addition to any and all other rights and remedies available to the parties.

13. Governing Law: This Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.

14. Venue: By execution of this Agreement, the parties consent to venue in Wayne County of any action brought to enforce the terms of this Agreement or to collect any monies due under it.

15. Notices: Any notice that either party may give or is required to give under this Agreement shall be in writing and, if mailed, be effective three days after being sent by certified or registered mail, postage prepaid, addressed to the other party at the other party's address set forth in this Agreement or at any other address that the other party provides in writing.

16. Severability: If any provision in this Agreement is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision the remaining provisions of this Agreement.

17. Company's Advertisements: The Company is expressly prohibited from referencing its relationship with the City to third parties for any purpose other than that directly related to the Project, without the prior written consent of the City. It is understood and agreed that this prohibition includes use of the City's name in any advertisement or application for award or recognition of achievement.

18. License and Copyright Fees: The Company is responsible to pay for all license and copyright fees due and

agrees to hold the City harmless therefrom.

19. Federal Compliance: The Contractor agrees to ensure all federal compliance for the EECBG program and ARRA is met. Please refer to the following website for general compliance requirements: . Please refer to the General Provisions attachment. Additionally, the Contractor agrees to provide all the necessary information to meet monthly and quarterly reporting requirements. The federal compliance requirements include, but are not limited to, the following:

Davis Bacon Act/Prevailing Wage: Contractor agrees to comply with the requirements of the Davis-Bacon Act as it applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public building or public works. All laborers and mechanics on projects funded directly by or assisted in whole or in part and through funding appropriated by the Act are paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of title 40, United States Code (Davis-Bacon Act). For information on Davis Bacon Wage Determination please reference the Department of Energy’s (DDE) EECBG Notice 10-004A and/or currently effective DDE notices. For more information and currently effective EECBG notices, please visit:

American Recovery and Reinvestment Act (AARA): The Contractor shall comply with the provisions of the AARA for EECGB projects. The Buy American provision in the American Recovery and Reinvestment Act of 2009 (section 1605 of Title XVI), provides that, subject to three listed exceptions (non-availability, unreasonable cost, and inconsistent with the public interest), none of the funds appropriated or otherwise made available by the Act may be used for a project for the construction, alternation, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. The law also requires this provision be applied in a manner consistent with U.S. obligations under International Agreements.

The provisions of the guidance apply to all recipients, sub-recipients and Contractor working on projects using Recovery Act funding. The Buy American Recovery Act for the construction alternation, maintenance or repair of public building or public work. The guidance below is designed to help applicants and recipients determine if their Recovery Act funded project is for the construction, alternation, maintenance or repair of a public building or public work.

Waste Stream Management: The Contractor shall satisfy Waste Stream Condition by obtaining and supplying waste management plans to support NEPA reviews for EECBG projects. The waste management plan shall be supplied by the contractor on company letterhead indicating the disposal plan and disposal facility meeting. The Contractor shall provide the Municipality with disposal tickets at the time a request for payment is issued.

Waste management plans are not required for projects that do not generate waste (e.g., hiring a contractor, conducting an energy audit). Waste management plans are also not required for projects that generate only insignificant quantities of non-hazardous waste. For example, a waste management plan would not be necessary for a retrofit project with a waste stream comprising only small quantities of caulking and associate materials. Where it is not obvious that a project will generate only insignificant quantities of waste, the Grantee should submit (or, in the case of sub grant programs, keep on file) waste management plans or seek guidance from a DOE NEPA Compliance Officer (NCO) to determine whether a waste management plan is necessary

20. Nothing in this Agreement shall be construed as the City’s waiver of any governmental or other immunity to

which it and/or its agents, officers, employees, or other representatives may be entitled, all of which are expressly reserved hereby.

21. The parties covenant that, in accordance with Michigan PA 453 and 1976 PA 220, as well as the Federal Civil Rights Act of 1964 (42 USCA Sec. 1981 et seq), no person, based on race, national origin, sex, religion, marital status, or physical or mental handicap shall be denied any rights or benefits under the provisions of this contract.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

The City of Romulus

CITY

Date:

Witness/Attest Mayor Alan R. Lambert, Mayor

Date:

Witness/Attest Clerk, Ellen L. Craig-Bragg

The “COMPANY”

Witness/Attest Signature

By: , Date:

PRINT

Title:

“CITY’S” ADDRESS FOR GIVING NOTICES:

Thomas Wilson, DPW Director

Bid 10/11-07 THREE Year Contract – Uniforms and Laundry Service

12600 Wayne Road

Romulus, Michigan 48174

“COMPANY’S” address for giving notices:

[Submit three (3) executed copies of this agreement with your completed bid proposal form. Be sure to have a witness sign along with your signature.]

BID PRICING SHEET

CITY OF ROMULUS

BID 10/11-29 LIGHTING UPGRADES

| |Labor |Equipment | |

|INTERIOR LIGHTING RETROFIT and OCCUPANCY SENSORS | | |Total Price (Equipment + Labor) |

|Elkins Machine and Tool (27510) | | | |

|Multi Machining Capabilities | | | |

|Elkins Machine and Tool (27482) | | | |

|Kut-Rite Manufacturing | | | |

|Total | | | |

| |Labor |Equipment | |

|EXTERIOR LIGHTING RETROFIT | | |Total Price (Equipment + Labor) |

|Elkins Machine and Tool (27510) | | | |

|Elkins Machine and Tool (27482) | | | |

|Kut-Rite Manufacturing | | | |

|Total | | | |

| |Labor |Equipment | |

|DESTRATIFICATION FANS | | |Total Price (Equipment + Labor) |

|Multi Machining Capabilities | | | |

|Elkins Machine and Tool (27482) | | | |

|Kut-Rite Manufacturing | | | |

|Total | | | |

| | |

|*Name: | |

| | |

|*Title: | |

| | |

|Signature: | |

| | |

|*Company: | |

| | |

|*Address: | |

| | |

|*City/State/Zip: | |

| | |

|*Phone Number: | |

| | |

|*Fax Number: | |

| | |

|*Email Address: | |

*PLEASE PRINT OR TYPE ENTRIES!!!

BIDDER CERTIFICATION

THE BIDDER HEREBY CERTIFIES THAT:

(1)The undersigned,

whose address is :

hereinafter called the "Bidder or Contractor", has read and understands:

• Request to Receive Bids

• Instructions to Bidders

• Specifications

• Bid Pricing Sheet

(2) The Bidder understands that it is the intention of the City to award the bid to the Bidder or Bidders determined in the sole discretion of the City as being the lowest qualified Bidder or Bidders, having regard for fitness and capacity to furnish the quality of materials and workmanship which will best meet the requirement of the City, provided however, that the right to reject any or all bids is expressly reserved by the City. The City may exercise its right at its sole discretion to weight bids based on factors deemed, in the City’s sole discretion, to be in the City’s best interests.

(3) The Bidder hereby offers and proposes to furnish all materials, equipment, labor and services necessary, in accordance with the above understandings, for the amount indicated on the Bid Pricing sheet /s (D).

(4) The prices quoted herein constitute the gross total cost to the City of Romulus for all units or work involved in the respective items, and that these costs includes all taxes, insurances, royalties, transportation charges, use of all tools and equipment, supervision, bond and overhead expense, all profits, and all other work, services and conditions necessarily involved in the work done and materials furnished, in accordance with the requirements of the contract documents considered severally and collectively.

7) Unit prices contained in the Proposal are neither directly or indirectly the result of any agreement with anyone, and that the Bidder has not by himself or through others had any secret understanding with anyone with respect to any provisions contained in this Proposal.

8) The bidder represents that it has not:

a. Provided an illegal gift or payoff to a city officer or employee or former city officer or employee, or his or her relative or business entity

b. Retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business

9) Unit pricing shall be as bid for the twelve-month period following the date of the award of the Bid unless otherwise stated in the bid.

10) NO CONTACT HAS BEEN MADE WITH ANY CITY EMPLOYEE, FOR THE PURPOSE OF EXPLANATION OF ANY OF THE BID DOCUMENTS, WITH THE EXCEPTION OF LYNN CONWAY, CITY PURCHASING AGENT.

11) It is understood that, (when required by the bid), the Bidder must be familiar with and be in compliance with all requirements of Federal, State and Local laws as they relate to Equal Opportunity and Affirmative Action as well as wage standards under the Davis-Bacon Act

Date:

Signature of Bidder

Title

Address

I hereby affirm, by signing my name below, that I am familiar with the biding company and that the Individual signing this bid is personally known to me and can sign on behalf of the company that is submitting the attached bid documents.

Attest:

Association and/or Title:

ALL BLANKS IN THIS DOCUMENT MUST BE COMPLETELY FILLED IN OR THE BID WILL NOT BE CONSIDERED FOR AWARD BY THIS DEPARTMENT!!

STATEMENT OF NO BID

CITY OF ROMULUS

BID NUMBER: 10/11-29

TITLE:

Please Send or Fax To:

City of Romulus

Lynn Conway, Purchasing Agent

11111 Wayne Road

Romulus, MI 48174

FAX NUMBER: (734) 941-3296

We, the undersigned, have declined to bid on the subject bid for the following reasons:

|Check All That Apply | |

| |REASON |

| |Our company does not handle the type of product / service |

| |We cannot meet the specifications nor provide an approved alternate – |

| |please explain below |

| |Our company is not interested in bidding at this time |

| |Job is too small |

| |Job is too large |

| |Cannot be competitive |

| |Liability Issues such as insurance, bonding, indemnification, hold harmless |

| |Insufficient time to respond – please explain below |

| |Our company’s schedule would not permit performance of the specifications |

| |Other – describe below |

REMARKS:

COMPANY INFORMATION:

| | |

|*Name: | |

| | |

|*Title: | |

| | |

|Signature of Authorized REP: | |

| | |

|*Company: | |

| | |

|*Address: | |

| | |

|*City/State/Zip: | |

| | |

|*Phone Number: | |

| | |

|*Fax Number: | |

| | |

|*Email Address: | |

IMPORTANT NOTE: To qualify as a respondent to the bid, the vendor must submit a bid or return this completed form.

TABULATION SHEET

BID 10/11-29

THOSE IN ATTENDANCE:

|# |NAME |COMPANY |TITLE |

|1 |Lynn A. Conway | CITY OF ROMULUS |PURCHASING AGENT. |

|2 | | | |

|3 | | | |

|4 | | | |

|5 | | | |

|6 | | | |

|7 | | | |

|8 | | | |

|9 | | | |

-----------------------

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QUESTIONS CONCERNING THE ABOVE SPECIFICATONS SHOULD BE DIRECTED TO:

LYNN CONWAY, PURCHASING AGENT AT 734-955-4568 ONLY!

NO CONTACT SHOULD BE MADE WITH ANY OTHER DEPARTMENT OR CITY EMPLOYEE CONCERNING

ANY OF THE ATTACHED BID DOCUMENTS!

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