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J-DdO -bS( e:;') 1- 14 - ~~u 2020-2023 JANITORIAL SERVICES CONTRACT West Michigan's Shoreline City www.shoreli necity.com TABLE OF CONTENTS INTRODUCTION - PRE-BID INVITATION FOR BIDS ...................................................................................................................................... 2 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION ........................................................................ .3 DEFINITIONS ....................................................................................................................................................... .4 PART 1-BIDS SECTION 1 ............................................................................................................................................................... 7 1.0 INSTRUCTIONS TO BIDDERS ..................................................................................................................... 8 SECTION 2 ............................................................................................................................................................. 14 1.1 BIDDER'S CHECI(LIST ............................................................................................................................... 15 1.2 TRANS MITTAL LETTER FOR BID PROPOSAL ...................................................................................... 16 1.3 BIDDER CERTIFICATION & AGREEMENT ............................................................................................. 17 1.4 MANAGEMENT PLANS QUESTIONNAIRE ............................................................................................. 19 1.5 BID PROPOSAL ............................................................................................................................................ 21 1.6 BID BOND ..................................................................................................................................................... 22 1.7 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER ............................................................................... 24 1.8 LIST OF PROPOSED SUBCONTRACTORS .............................................................................................. 25 1.9 DISADVANTAGED CONTRACTOR AFFIDAVIT .................................................................................... 26 1.10 STATEMENT OF BIDDER'S QUALIFICATIONS ................................................................................... 27 1.11 DBE/MBE/WBE PROCUREMENT POLICY ............................................................................................. 29 1.12 ADDENDUM NO I ...................................................................................................................................... 32 1.13 BID TABULATION .................................................................................................................................... .33 PART 2 - AGREEMENT 2.0 A WARDEE CHECI(LIST .............................................................................................................................. 35 2.1 DIRECTIONS FOR PREPARATION ........................................................................................................... 36 2.2 AGREEMENT ............................................................................................................................................... .37 2.3 PERFORMANCE BOND .............................................................................................................................. .39 2.4 LABOR & MATERIALMAN'S BOND ....................................................................................................... .41 2.5 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR ........................................................................ 43 2.6 LETTERS OF RECOMMENDATION IN LIEU OF PERFORMANCE BOND .......................................... 44 PART 3 - GENERAL SPECIFICATIONS SECTION 1 ............................................................................................................................................................. 46 3 .0 PROJECT PERFORMANCE ........................................................................................................................ .4 7 SECTION 2 ............................................................................................................................................................. 55 3.1 AFFIRMATIVE ACTION .............................................................................................................................. 56 SECTION 3 ............................................................................................................................................................. 57 3.2 ADOPTED LABOR STANDARDS PROVISIONS ...................................................................................... 58 3.3 EQUAL OPPORTUNITY CLAUSE .............................................................................................................. 59 3.4 ANTI-I(ICl(BACI( ACT ................................................................................................................................ 60 SECTION 4 ............................................................................................................................................................. 61 3.5 PREVAILING WAGE DECISION ................................................................................................................ 62 PART 4 - SPECIAL SPECIFICATIONS 4.0 SPECIAL SPECIFICA TIONS ........................................................................................................................ 64 4.1 CLEANING STAND ARDS ........................................................................................................................... 67 4.2 GENERAL PROVISIONS ............................................................................................................................. 69 4.3 RESPONSIBILITIES AND SCHEDULES .................................................................................................... 71 4.4 FLOOR PLANS & DIMENSIONS ................................................................................................................ 74 APPENDICIES PRE-BID DOCUMENTS ................................................................................................................ Appendix Page ADDENDUA1 NO. 1 ...... ................................................................................. .............................. Appendix Page SECTION 4.2 REVISED ............................................................................................................... Appendix Page SECTION 4.3 REVISED ............................................................................................................... Appendix Page SECTION 4.4 REVISED ............................................................................................................... Appendix Page DETAJLEDFLOORPLANS.......................................................................................................... Appendix Page SIGNED BIDDER DOCUMENTS ................................................................................................. Appendix Page TRANSMITTAL LETTER FOR BID PROPOSAL ........................................................................ Appendix Page BIDDER CERTIFICATION AND AGREEMENT ........................................................................ Appendix Page BID TABULATION ...................................................................................................................... Appendix Page BID BOND PROPOSAL ....................................................................... ;....................................... Appendix Page GENERAL POWER OF ATTORNEY.. ......................................................................................... Appendix Page NON-COLLUSION AFFIDA VJT OF PRIME BIDDER ............................................................... Appendix Page LIST OF PROPOSED SUBCONTRACTORS .............................................................................. Appendix Page DISADVANTAGED CONTRACTOR AFFIDAVIT ...................................................................... Appendix Page SIGNED AGREEMENT DOCUMENTS ....................................................................................... Appendix Page AGREEMENT .............................................................................................................................. Appendix Page PERFORMANCE BOND ............................................................................................................. Appendix Page LABOR & MATERIALMAN'S BOND .......................................................................................... Appendix Page POWER OF ATTORNEY ............................................................................................................. Appendix Page NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR ......................................................... Appendix Page CERTIFICATE OF LIABILITY INSURANCE ............................................................................. Appendix Page ATTORNEY APPROVAL LETTER .............................................................................................. Appendix Page City of Muskegon 2020-22 Janitorial Services INTRODUCTION - PRE-BID 11/19/19 City of Muskegon 2020-22 Janitorial Services INVITATION FOR BIDS Project: 2020-2022 Janitorial Services The City of Muskegon, Michigan will receive sealed bids until 2:00 p.m. local time on Tuesday, December 17, 2019, at the City Clerk's Office, City Hall, 933 Terrace Street, Muskegon, Michigan, at which time and place all bids will be publicly opened and read aloud for the following items of work to include: Janitorial and Cmpet Cleaning Services at the following sites: City Hall, including the Muskegon Police Department (933 Terrace St.), and the Public Service Building (1350 E. Keating)Jor a p eriod of three (3) y ears. Electronic copies of Plans and Specifications may be obtained on or after Friday, November 22, 2019 from the City of Muskegon website, or by request to the Engineering Depa1tment via phone or email; 231.724.6707 or engineering@shorelinecity.com. Printed copies can be obtained by request from the Engineering Depaitment located at 1350 E. Keating Ave, Muskegon MI, 49442 for a cost of $40. An amount equal to five percent (5%) of the Bid must be submitted with each Bid Proposal in one of tlu·ee forms acceptable to the City of Muskegon. Contract documents may be examined at the following locations: • Public Services Building, 1350 E. Keating Ave., Muskegon MI 49442 • City of Muskegon website: www.shorelinecity.com • Grand Rapids Builders Exchange Attention is called to the fact that the City requires: the Contractor consider hiring local work force insofar as possible, not less than the salaries and wages set forth in the Specifications must be paid, 14% minority and 6.9% female are the goals established for patticipation in each trade, the Contractor must ensure employees and applicants for employment are not discriminated against based upon their race, creed, color, religion, sex, national origin, handicapped condition nor veteran background, and all pertinent regulations must be complied with. Bids may not be withdrawn within sixty (60) days after bid opening. The City of Muskegon reserves the right to reject any or all bids or to waive any informalities or irregularities in the bidding. A Pre-Bid Conference will be held in the Conference Room at the City of Muskegon Public Services Building located at 1350 E Keating Avenue at 3:00 pm on Tuesday, December 3, 2019, at which time and place any questions regarding this Project should be presented. Minutes from the Pre-Bid Conference will become an Addendum to the Contract. CITY OF MUSKEGON, MICHIGAN By: Ann Meisch, City Clerk PUBLISH: 11/22/2019 ADA POLICY The City will provide necessary appropriate auxiliary aids services, for example, signers for the hearing impaired, audio tapes for the visually impaired, etc., for di sabled persons who want to attend the meeting, upon twenty-four hour notice to the City. Contact: Ann Meisch, City Clerk City of Muskegon, City Hall 933 Terrace Street, Muskegon, MI 49440 (231) 724-6705 or TDD (231) 724-6773 11/19/19 2 City of Muskegon 2020-22 Janitorial Services NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION Executive Order 11246 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Adopted Equal Employment Specifications" set forth in Pait 3, Section II, of these Documents. 2. The goals and the timetables for minority and female paiticipation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: GOALS FOR PARTICIPATION IN EACH TRADE TRADE MINORITY FEMALE ALL 14% 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally-assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and regulations in 41 CFR Pait 60-4 shall be based on its implementation of the Equal Oppo1tunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effo1t to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Pait 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is the City of Muskegon, County of Muskegon, and State of Michigan. 11/19/19 3 City of Muskegon 2020-22 Janitorial Services DEFINITIONS Whenever used anywhere in these Documents, the following meanings shall be given to the terms defined: ADDENDA or ADDENDUM -Any changes, revisions, additions or clarifications of or to the Contract Documents which have been duly issued by the City to Bidders prior to the time of awarding or executing the Contract Agreement. AUTHORIZED REPRESENTATIVE - Any person or persons authorized to represent the City of Muskegon by its governing body for the purpose of directing or having in charge the work embraced in this Contract, acting directly or indirectly through the responsible paity having general charge of this work, and/or for monitoring, coordinating and inspecting the work and activities involved. BID or BID PROPOSAL-The written offer of the Bidder, on the form furnished by the City, for the work proposed. BID BOND/GUARANTY - The security required in these Documents and furnished by the Bidder as a guaranty of good faith to enter into a contract for the work proposed. BIDDER or PRIME BIDDER - That individual, corporation or firm submitting a proposal for consideration by the City to perform the work proposed in these Documents. CITY - CITY OF MUSKEGON - The City of Muskegon and/or its authorized representative(s); also may be referred to in portions of these Documents as owner, grantee, local public agency, or local government. CITY COMMISSION -The governing body of the City of Muskegon which retains the right of final approval of all contractors, subcontractors, contracts and payments under any contracts. CONTRACT - The Agreement executed by the City and the Contractor, of which this section is a part. CONTRACT DOCUMENTS - Means and shall include the executed Agreement, any Addenda, Invitation for Bids, Instructions to Bidders, signed Bid Proposal, all Parts and Sections of the General, Technical and/or Special Specifications, any drawings, maps, plans, etc., and any forms or formats and documents included within the book forming these Documents. CONTRACT PERFORMANCE - The act of complying with these Contract Documents to the successful completion of the Project by performing the work necessary to do so. CONTRACT PRICE - That figure agreed upon through the bidding procedure as acceptable to the City and indicated as such in the Agreement executed by the Contractor and the City. CONTRACT TIME-The date for completion or length of time until completion, of the work embraced in this Contract as stipulated in the Agreement executed by the Contractor and the City. CONTRACTOR or SUCCESSFUL BIDDER - The person, corporation or firm whose bid was accepted by the City, resulting in the execution of the Agreement to perform the work under the terms of these Documents. DRAWINGS/PLANS - Approved drawings or reproduction of drawings pertinent to the construction or details of the work covered by this Contract. 11/19/19 4 City of Muskegon 2020-22 Janitorial Services LABORA TORY - The testing laboratory of the City or any other laboratory which may be designated by the City for the purpose of inspecting, examining and determining the suitability of materials and the quality of the products used in the performance of this Contract. LETTERS OF RECOMMENDATION - IN LIEU OF PERFORMANCE BOND - Those statements presented by the Bidder to the City for consideration in lieu of a performance bond where applicable and in strict accordance with Part 1, Section I, paragraph 17(e), and the instructions in these Documents. PERFORMANCE/LABOR AND MATERIALMEN'S BONDS - The statutory bonds, executed by the Contractor and a surety, guaranteeing the performance of the Contract and the payment of all lawful indebtedness pertaining thereto. PREY AILING WAGE DECISION - That document, received from the U.S. Department of Housing and Urban Development or the State of Michigan Department of Labor as requested by the City, detailing the current wage rates which, if included in this Contract, are binding upon the Contractor and all subcontractors as the minimum wages to be paid during the life of this Contract. SITE-Also referred to as PROJECT SITE or PROJECT AREA, indicating the location of the Project as generally described in these Documents. SUBCONTRACT -An agreement executed by the Contractor with another individual, corporation or firm for work or a portion of the work embraced in this Contract. (An asterisk(*) in the right-hand margin indicates subcontract language or requirements throughout Patts 1, 2 and 3 of these Documents.) SUBCONTRACTOR- A person, corporation or firm supplying labor and/or materials for work at the Site of this Project for the Contractor under a Subcontract. SURETY - The corporate body which is bound with and for the Contractor for the performance of this contract and for the payment of all lawful indebtedness pe1taining thereto. SPECIFICATIONS - GENERAL - Refers to specifications pertinent to the performance of any City Project anticipated to exceed $2,000, as provided in Parts 1, 2 and 3 of these Documents. SPECIFICATIONS - TECHNICAL - Refers to those Specifications pertinent to this Project and includes information regarding materials, products, etc., as provided in PART 4 of these Documents. SPECIFICATIONS - SPECIAL - Refers to special information items pertinent to only this Project and includes Project Description, location, measurements, maps, drawings, etc. SPECIFICATIONS - (without particular included as above) Refers to General Specifications, Technical Specifications and/or Special Specifications outlined in this Document. WORK ON (OR AT) THE PROJECT or PROJECT SITE- Work to be performed under this Contract at the location of this Project, including transportatiqn of materials and supplies to or from the Site by employees of the Contractor and/or Subcontractors. 11/19/19 5 City of Muskegon 2020-22 Janitorial Services PART 1-BIDS 11/19/19 6 City of Muskegon 2020-22 Janitorial Services SECTION 1 - INSTRUCTIONS TO BIDDERS 11/19/19 7 City of Muskegon 2020-22 Janitorial Services 1.0 INSTRUCTIONS TO BIDDERS 1.0.1 BIDS a. Bidding documents to be submitted must remain attached within this Contract Document. b. All bids submitted shall be on forms provided without alterations or interlineations and shall be subject to all requirements of these Instructions to Bidders and all the forms and Documents immediately following these Instructions in Section 2, Bid Proposal. c. All Bid Proposals submitted for consideration shall be enclosed in a sealed envelope which is clearly labeled "Bid Documents" with the Project name and/or number, the name of Bidder, the date and time of Bid Opening written on the envelope to prevent premature opening. d. If unit prices are requested, the Unit Price for each of the several items in the Bidder's proposal shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity for each item by the unit price represents the total bid. Should conditions make it necessary to revise the quantities, a limit will then be fixed for such increased or decreased quantities. Should the net monetary value of all such changes increase or decrease the original price by more than twenty-five percent (25%) negotiated price change shall be allowed, if warranted. Any bid not conforming to this requirement may be rejected. 1.0.2 BID GUARANTY a. No Bid will be considered unless it is accompanied by a Bid Guaranty of not less than five percent (5%) of the amount of the Bid to ensure the execution of the Contract and the furnishing of surety bond or bonds by the successful Bidder, as required by the Contract Documents. Cash deposits will not be accepted. Negotiable U.S. Government Bonds (at par value) and certified checks or bank drafts, made payable to the City of Muskegon, may be used, or a bid bond in the format provided which shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570, and shall be within the maximum amount specified for such company in said Circular. b. Revised Bids submitted before the opening of Bids, whether forwarded by mail or telegraphic communication, ifrepresenting an increase in excess of two percent (2%) of the original bid, must have the Bid Guaranty adjusted accordingly; otherwise the Bid will not be considered. c. The Bid Guaranty of unsuccessful Bidders, or the amount thereof, will be returned as soon as practicable after the awarding of the contract. The Bid Guaranty of any Bidder withdrawing his/her Bid in accordance with the conditions set fo1th in Paragraph 13 hereof will be returned promptly. d. When telegraphic modifications of Bids are received as provided above, Bidders are cautioned that such modifications shall make the Bid as modified or amended subject to rejection if not explicit and/or in any sense are subject to misinterpretation. 1.0.3 ALTERNATIVE BIDS No alternative bids will be considered unless alternative bids are specifically requested. 1.0.4 INTERPRETATIONS AND/OR ADDENDA a. No oral interpretation will be made to any Bidder as to the meaning of the Documents or any part thereof. A request for any interpretation will be in writing to the City of Muskegon, and any such request received seven (7) or more days before the scheduled Bid Opening will be considered. b. Every interpretation made will be in writing in the form of an Addendum to the Contract itself and, when issued, will be on file in the City Clerk's office at least five (5) days prior to the Bid Opening for each Bidder's review. 11/19/19 8 City of Muskegon 2020-22 Janitorial Services 1.0.5 BIDDER'S RESPONSIBILITIES a. Site Inspection. Each Bidder will assume the responsibility for visiting the site of the proposed work and for fully acquainting himself/herself with the conditions existing there relating to construction and labor, and should fully inform himself/herself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. b. Knowledge of Bid and Contract Documents. The Bidder is responsible for thoroughly examining and familiarizing himself/herself with the Bid and Contract Documents, any Drawings, Specifications and Addenda. c. Addenda to Contract Documents. All Bidders will assume the responsibility to make inquiry as to the Addenda issued, knowing that all such Addenda become part of the Contract. All Bidders shall be bound by any Addenda whether or not it was received or reviewed. d. Claims on Basis of Failure to Receive or Review Information. A successful Bidder, through the execution of this Contract, shall in no way be relieved of any obligation due to his/her failure to receive or examine any form or legal instrument, or due to the failure to visit the site and acquaint himself/herself with the existing conditions. The City Commission will be justified in rejecting any claims submitted on the basis of 5.a, b, or c above. 1.0.6 EQUAL OPPORTUNITY EMPLOYMENT REQUIREMENT - The attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin, nor because the employee or applicant is a disabled or Viet Nam era veteran or otherwise handicapped, as outlined in Part 3, Section 2 of these Documents. 1.0. 7 EMPLOYMENT AND PREYAILING WAGE AND SALARY REQUIREMENTS - The attention of Bidders is patticularly called to the requirements covered in Patt 3, Section 4 of these Documents concerning the payment of not less than the prevailing wage and salary rates specified, and in regard to the conditions of employment with respect to cettain categories and classifications of employees. These rates of pay are the minimums to be paid during the life of this Contract. The City of Muskegon requires that the Contractor must hire local trades and labor employees from the City of Muskegon, County of Muskegon and/or this SMSA (Standard Metropolitan Statistical Area) for the duration of this Project, insofar as these are available to perform the necessary work. Supervisory and/or technical staff officials are exempt from this requirement. It is therefore the responsibility of the Bidder to inform himself/herself as to local labor conditions, labor supply, overtime compensation, health and welfare contributions, and prospective changes or adjustments of rates. 1.0.8 SUBCONTRACTORS* - Any Bidder submitting a Bid shall include a list of proposed subcontractors on the form provided in Part 1, Section 2 of these Documents. The attention of Bidders is called to the Contractor's liability for all subcontractors as provided in the various sections and paragraphs on these Documents, generally indicated by an asterisk (*) in the right- hand margin. 1.0.9 NON-COLLUSION AFFIDAVIT a. Each Bidder submitting a bid for work, or any portion thereof, covered by these Documents, shall execute an Affidavit to the effect that he/she has not colluded with any other person, firm or 11/19/19 9 City of Muskegon 2020-22 Janitorial Services corporation in regard to any Bid submitted, in the same or similar format as provided in Part 1 Section 2 of these Documents. b. The successful Bidder shall secure an Affidavit to the same effect from any proposed subcontractor, before executing any subcontract, in the same or similar format as provided in Part 1, Section 2 of these Documents. 1.0.10 SECTION 3 CLAUSE (135.38) FOR FEDERALLY FUNDED PROJECTS a. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income person, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The contractor agrees to send to each labor organization or representative or worker with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site were both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each of the positions; and the anticipated date the work shall begin. d. The contractor agrees to include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in the section 3 clause, upon the finding that the subcontractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with person other than those to whom the regulations of 24 CFR part 135 require employment oppotiunities to be directed, were not filled to circumvent the contractor's obligations under the 24 CFR part 135. f. Noncompliance with HUD's regulations in 24 CFR, part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. With respect to work performed in connections with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not derogation of compliance with section 7(b). 11/19/19 10 City of Muskegon 2020-22 Janitorial Services Examples: 1. Who are Section 3 residents? - Residents of public housing and low income person who live in the area in which a HUD-assisted project is located. 2. What is a Section 3 business? - A business that is owned by Section 3 residents; or employs Section 3 residents in full-time positions; or subcontracts with businesses which provide economic opportunities to low income persons. (CDBG) 3. What types of economic opportunities are available under Section 3? a. Administrative/Management: accounting, bookkeeping, payroll, purchasing, research, word processing b. Services: appliance repair, carpet installation, catering computer/information, florists,janitorial, landscaping, manufacturing, marketing, photography, printing, transportation C. Construction: architecture, bricklaying, carpentry, cement/masonry, demolition, drywall, electrical, elevator construction, engineering, fencing, heating, iron works, machine operation, painting, plastering, plumbing, surveying, tile setting. 4. Who will award the economic opportunities? Recipients of HUD financial assistance and their contractors and subcontractors are required to provide economic opportunities to the greatest extent feasible, consistent with existing Federal, State and local laws and regulations. 5. Who receives priority under Section 3? - a. For training and employment: persons in public and assisted housing; person in the neighborhood; pmiicipants in HUD Youthbuild programs; homeless person b. For contracting: business which fit the definition of a Section 3 business. 6. How can businesses find Section 3 residents to work for them? - By recruiting in the neighborhood and public housing developments to tell them about available training and job opp01iunities. Distributing flyers, posting signs, placing ads, and contacting resident organizations and local community development and employment agencies to find potential workers are a few effective ways of getting jobs and people together. 7. How can businesses & low income people find out more about Section 3? Contact the Fair Housing and Equal Opportunity representative at your nearest HUD office. 8. What if it appears an entity is not complying with Section 3? - There is a complaint process. Section 3 residents and business concerns may file complaints if they think a violation of Section 3 requirements has occurred where HUD-funded project is planned or underway. Complaints will be investigated; if appropriate, voluntary resolutions will be sought. A complaint that cannot be resolved voluntarily can result in an administrative hearing. 9. Will HUD require compliance? - Yes. HUD investigates complaints and monitors the performance of recipients and contractors. HUD examines employment and contract records for evidence of actions taken to train and employ Section 3 residents and train and employ Section 3 residents and to award contracts to Section 3 businesses. 10. How can Section 3 businesses or residents complain about a violation of Section 3 requirements? =-They can file a complaint in writing to the local HUD Office or to: The Assistant Secretary for Fair Housing and Equal Opportunity, U.S. Depatiment of Housing and Urban Development 451 Seventh Street, SW, Rm. 5100 Washington, DC 20410-2000. A written complaint should contain: a. Name and address of the person filing the complaint; b. Name and address of subject of complaint (HUD recipient contractor); c. Description of acts or omissions in alleged violation of section 3; d. Statement of corrective action sought. 1.0.11 STATEMENT OF BIDDER'S QUALIFICATIONS; ADDITIONAL INFORMATION a. Upon request, each Bidder shall submit a Statement of Bidder's Qualifications in accordance with the information requested in Pmi 1, Section 2, and, when specifically requested by the City, shall submit a detailed Financial Statement, pmiicularly in lieu of a Performance Bond. 11/19/19 11 City of Muskegon 2020-22 Janitorial Services b. Any Bidder shall furnish any data and information requested by the City Commission in its attempt to determine the ability of the Bidder to perform his/her obligations under the Contract. 1.0.12 TIME FOR RECEIVED BIDS - Bids received prior to the advertised hour of opening will be kept securely sealed. The official whose duty it is to open the Bids will decide when the specified time has arrived, and no Bid received thereafter will be considered. 1.0.13 WITHDRAW AL OF BIDS - Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and post-marked prior to the time set for Bid opening. 1.0.14 OPENING OF BIDS - At the time and place fixed for the opening of Bids, the City Clerk will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present in person or by representative. 1.0.15 AWARD OF CONTRACT- If the Contract is awarded, it will be awarded to the responsible Bidder submitting the lowest Bid complying with the conditions set forth in these Documents. The successful Bidder will be notified at the earliest possible date. 1.0.16 REJECTION OF BIDS; CITY'S RIGHTS a. The City Commission reserves the right to reject any and all Bids, and to waive any informality in Bids received, whenever such rejection or waiver is in its own best interest. b. The City Commission may consider as irregular and reject any Bid on which there is an alteration. c. The City Commission shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his/her obligations under the Contract. d. The right is reserved to reject any Bid where an investigation of the available evidence and/or information provided does not satisfy the City Commission of the Bidder's capacity to carry out the terms of the Contract. 1.0.17 EXECUTION OF CONTRACT AGREEMENT; PERFORMANCE AND PAYMENT BONDS a. Subsequent to the award and within ten (10) days after the Documents have been presented for signature, the successful Bidder shall execute the Agreement and deliver the requested number of copies to the City of Muskegon. b. Execution of the Agreement will require completion of the work in accordance with the Contract in its entirety. c. Upon delivery of the executed Contract Documents, the successful Bidder shall furnish the requisite bonds, in the penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract and of the payment of all persons, firms or corporations to whom the Bidder as Contractor may become legally indebted, except as provided in paragraph (e) below. d. Such bonds shall be completed in accordance with the Instructions in Part 1 Section 2, and shall bear the same date as, or a date subsequent to, that of the Agreement. The surety bond shall be signed by a guaranty or the surety company listed in the latest issue of the U.S. Treasury Circ. 570, and the penal sum shall be within the maximum specified for such company in said Circular. e. In cases where this Contract is $50,000 OR LESS and the successful Bidder is unable to, or chooses not to, provide the appropriate Performance Bonds, the Bidder may submit four letters of sincere 11/19/19 12 City of Muskegon 2020-22 Janitorial Services recommendation as to his/her prior performance to the City Manager for consideration in lieu of a Performance Bond, in basically the form described in Part 2 of these Documents. This action must be taken prior to the execution of the Contract Agreement and the four letters must be accompanied by a statement from the Bidder, which contains the minimum requirements indicated for "Statement of Bidder's Qualifications". Upon City Manager and/or City Commission acceptance of the letters in lieu of the Performance Bond, the Contract Agreement shall be so executed. f. Failure of the successful Bidder to execute such number of Contract Documents as requested, to supply the required bonds or letters of recommendation with the Bidder's statement, and/or to meet the prescribed time limits, shall constitute a default. g. Upon such default, the City Commission may either award the Contract to the next lowest responsible bidder or re-advertise for bids. The Commission may further charge against the defaulting Bidder the difference between the amount of his/her Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount then exceeds the amount of the Bid Bond. If a more favorable bid is received by re-advertising, the defaulting Bidder shall have no claim against the City of Muskegon. 1.0.18 COMMENCEMENT NOTICE TO PROCEED - The Contractor shall commence work only upon delivery of a Notice to Proceed from the City. In the event the said notice is not delivered within ten (10) days of the date of this agreement, then the dates for completion and any other performance dates shall be adjusted without further agreement so that the performance and completion dates shall be delayed the number of days in excess of ten (10) after the execution of the contract during which the City did not deliver the notice. 1.0.19 CONTRACT DURATION - This contract is for three (3) years from the date of "Notice to Proceed." Bids shall show first, second, and third year expected costs. A price for an optional fomih (4th ) year is also requested. Year four (4) may be awarded as an optional extension of the contract for a period of one year at the end of the year three (3) upon mutual agreement of the City and the contractor. 11/19/19 13 City of Muskegon 2020-22 Janitorial Services SECTION 2 - BID PROPOSAL 11/19/19 14 City of Muskegon 2020-22 Janitorial Services 1.1 CONTRACT BIDDER'S CHECKLIST THIS FORM IS A REFERENCE TOOL FOR BIDDING CONTRACTORS The following forms MUST be completed: Completed? Yes No 1. Transmittal Letter for Bid Proposal (must acknowledge addenda received) 2. Bidder Certification and Agreement 3. Management Plans Questionnaire 4. Bid Proposal 5. Bid Bond (must be 5% of total bid) 6. Non-Collusion Affidavit of Prime Bidder 7. List of Proposed Sub-Contractors 8. Disadvantaged Contractor Affidavit (if applicable) 9. Statement of Bidders Qualifications (if applicable) Actual Completion of All Required Forms is the Sole Responsibility of the Bidder FAILURE TO COMPLETE THE NECESSARY FORMS MAY RESULT IN BID REJECTION. 11/19/19 15 City of Muskegon 2020-22 Janitorial Services 1.2 TRANS MITTAL LETTER FOR BID PROPOSAL Bidder/Company Name _ _ _ _ _ _ _ _ _ _ _ _ _ __ Name & Title of Head of Company _ _ _ _ _ _ _ _ _ _ _ _ _ __ Street Address --------------- City, State, ZIP _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date -------------- CITY OF MUSKEGON, MICHIGAN 933 TERRACE ST. MUSKEGON, MI 49443-0536 Project Title: 2020-2022 Janitorial Services Dear Awarding Agent, Having examined the Bid Specifications and Contract Documents, including all forms and instructions, and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, and having received and reviewed the following Addenda: I/We hereby propose to furnish all labor, materials and supplies, and to construct the project in accordance with the Contract Documents and at the prices indicated in the attached Bid Proposal. Submitted prices are to cover all expenses incurred in performing the work required under the Contract Document, of which this letter and attached Proposal are a part. In accordance with the Instructions to Bidders, all appropriate documents, forms, etc., have been properly completed and are attached hereto, along with the Bidder Certification and Agreement, List of Subcontractors, Non-Collusion Affidavits, and the proper Bid Guaranty. I/We hereby respectfully submit the attached Bid Proposal for consideration by the City of Muskegon on the above-referenced Project. Signature of Bidder/Representative Printed Name and Title 11/19/19 16 City of Muskegon 2020-22 Janitorial Services 1.3 BIDDER CERTIFICATION AND AGREEMENT PART I. The Undersigned hereby agrees: That he/she has examined the Bid Specifications/Contract Documents, including specifications, forms and instructions; That he/she has received and reviewed the following Addenda: ADDENDUM NO. I (PRE-BID CONFERENCE MINUTES) That he/she has examined the Site of the proposed work and is familiar with all of the conditions surrounding the construction of the proposed project and the availability of materials and labor. PART II. The Undersigned hereby agrees: That he/she will enter into a contract to furnish the labor, materials, tools and construction equipment necessary for the full and complete execution of the work at and for the prices indicated in his/her official Bid Proposal, if said Proposal is accepted by the City; That, at the time of execution of said Contract, he/she will furnish requisite bonds with such sureties (or letters ofrecommendation accompanied by a Bidder's Statement) for the faithful performance of the Contract, for the payment of all materials used therein, and for all labor expended thereon in accordance with the forms and instructions provided; That he/she will construct the project in accordance with the Contract Documents within the specified time. PART Ill. The Undersigned hereby agrees: To commence work within 10 days after the date of the "Notice of Award" from the City. To comply with all applicable Adopted Guidelines and requirements, wage rates, labor standards, equal opportunity requirements, subcontract (or) requirements, and any other specifications indicated or referred to within these Contract Documents. The Undersigned herewith attaches an Affidavit in proof that he/she has not entered into a collusive agreement with any person in respect to this Bid or any other bid, or the submitting of bids for the Contract for which this Bid is submitted. The Undersigned is prepared to submit a Statement of Bidder's Qualifications, a financial statement, and/or any information requested by the City. However, once work has commenced the project shall be completed without interruption of normal working days unless authorized in writing by the Engineer. 11/19/19 17 City of Muskegon 2020-22 Janitorial Services PART IV In regard to non-segregated facilities, the Undersigned certifies: That he/she does not maintain or provide for any employees any segregated facilities at any of his/her establishments; That he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained; That he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and that he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The Undersigned hereby agrees: That a breach of this section of the Bidders Ce1iification will be a violation of the Equal Oppo1iunity clause in any contract resulting from acceptance of this Bid. That he/she will obtain identical certification from proposed sub-contractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause (unless already obtained for specific time periods), and that he/she will retain such certifications on file. [As used in this section of this Bidder Certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entetiainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, local custom, or otherwise.] NOTE: The penalty for making false statements in offers is prescribed in 18 U .S.C. 1001. SIGNED: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _DATED: _ _ _ __ (Printed name) (Title) (Company/Bidder) (Company/Bidder Street Address) (Company/Bidder City, State Zip) 11/19/19 18 City of Muskegon 2020-22 Janitorial Services 1.4 MANAGEMENT PLANS QUESTIONNAIRE A. In order to assist in evaluating the bids for this job, it will be necessary to have the following information about your management plans for this job: 1. How many employees would work at this job site? a. Public Service Building _ _ _ _ _ _ employees b. City Hall _ _ _ _ _ _ employees c. All Sites Total _ _ _ _ _ _ employees 2. How many HOURS per DAY would each work at this job site? a. Public Service Building _ _ _ _ _ _ hours per day b. City Hall _ _ _ _ _ _ hours per day. c. All Sites Total _ _ _ _ _ _ hours per day 3. How many HOURS of Supervision would be supplied to this job? a. Public Service Building _ _ _ _ _ _ hours per day/week b. City Hall _ _ _ _ _ _ hours per day/week c. All Sites Total _ _ _ _ _ _ hours per day/week 4. How much would you expect to pay for cleaning supplies, equipment, rentals, and insurance to service this job? a. Public Service Building _ _ _ _ _ per month b. City Hall - - - - - per month This does not include additional labor brought in for scrubbing-waxing-window cleaning, light fixtures, etc. 5. If you were awarded this contract, what % (Percentage) of your total business would this contract represent*: Public Service Building 1% or less 5% 10% 25% 50% 75% ALL City Hall 1% or less 5% 10% 25% 50% 75% ALL ALL Sites 1% or less 5% 10% 25% 50% 75% ALL *The above information is to be given in sufficient detail to show your ability to manage this contract work profitably for the expected life of such contract. 11/19/19 19 City of Muskegon 2020-22 Janitorial Services B. If you have not done business with the City of Muskegon before, at least not in the category of janitorial services, there may be a special evaluation. BIDDERS- Please list governmental contracts currently held or held within the past two (2) fiscal years: 1. 2. 3. C. A site visitation is recommended to all bidders before submission of bids to familiarize yourself with the general condition and layout of premises as well as any special conditions which may be unique for this location. Contact the Engineering Depa1iment at the Depa1iment of Public W arks to set up a visit: 231-724-6707. 11/19/19 20 City of Muskegon 2020-22 Janitorial Services 1.5 BID PROPOSAL The Bidder hereby agrees to perform all work described in the attached documents for the sums as described below: COST/SITE Separate Sites Public Service Building (DPW) 1350 E. Keating Ave. Year I Year 2 - - - - - - - - - - - Year 3 Year 4 (Optional) CITY HALL 933 Terrace Street Year I Year2 - - - - - - - - - - - Year 3 Year 4 (Optional) The City of Muskegon may award a contract for each site or as a group containing all sites. The optional year four (4) may be awarded to the Contractor by the City at the end of year three (3) upon mutual agreement of the City and the Contractor. The award(s) will be made in the manner determined to be the most beneficial to the City of Muskegon. Each site covered by the contract is to receive a monthly invoice at a uniform rate derived by taking the appropriate yearly rate and dividing by twelve (12). NOTE: Changes in the rate from year to year will be on the contract anniversary date, not at the beginning of the calendar year. Contractors Name: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contractors Signature/Title: ------------------------- 11/19/19 21 City of Muskegon 2020-22 Janitorial Services 1.6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and (Name of Principal) as SURETY are held (Name of Surety) and firmly bound unto the City of Muskegon, Michigan, in the penal sum of _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ dollars,($_ _ _ _ _ _ _ _ _ _ _ ____, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 20 _ _ _ __ for - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified for withdrawal; and shall within ten (I 0) days after the prescribed forms are presented for signature enter into a written Contract with the City of Muskegon in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of such Contract; or In the event of the withdrawal of said Bid within the period specified for withdrawal, or the failure to enter into such contract and give such bond within the time specified; and if the Principal shall pay the City of Muskegon the difference between the amount specified in said Bid and the amount for which the City of Muskegon may procure the required work or supplies or both, if the latter be in excess of the former. THEN the above obligation shall be void and of no effect; otherwise shall remain in full force and vittue IN WITNESS WHEREOF, the above-bounded patties have executed this instrument Under their several seals this- - - - - - - day of- - - - - - -, 20- - - the name and corporate seal of each corporate party being hereto affixed and these presents signed by its undersigned representative, pursuant to authority of its governing body. In presence of _ _ _ _ _ _ _ _ _ _ _ _ _(SEAL) (Individual Principal) (Business Address including Zip Code) 11/19/19 22 City of Muskegon 2020-22 Janitorial Services (Partnership) (Business Address including Zip Code) Attest: By: (SEAL) (Corporate Principal) (Business Address including Zip Code) Attest: Affix Corporate Seal Countersigned By Attorney-in-fact, State of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CERTIFICATE AS TO CORPORATE PRINCIPAL I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , certify that I am the _______________ Secretary of the Corporation named as Principal in the within Bond; that _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , who signed the said Bond on behalf of the Principal was then _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of said Corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said Corporation by authority of this governing body. Affix Corporate Seal By: _ _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 11/19/19 23 City of Muskegon 2020-22 Janitorial Services 1.7 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of _ _ _ _ _ _ _ _ _ _ _ _ _ _) ) ss. County of _ _ _ _ _ _ _ _ _ _ _ _ _) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , being first duly sworn, deposes and says that: I. He/She is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ (owner, partner, officer, representative, agent) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , the Bidder that has submitted the attached Bid to the City of Muskegon; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances thereto; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither said Bidder nor any of his/her officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted, or to refrain from bidding in connection with such Contract; nor has in any manner, directly or indirectly, sought by agreement, collusion, communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or any other bid; nor to fix any overhead, profit or cost element of the Bid price or the bid price of any other bidder; nor to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Muskegon or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper, and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any part of its agents, representatives, owners, employees or parties in interest, including this affiant. Signature Printed Name and Title Subscribed and sworn to before me This _ _ _ _day of _ _ _ _ __, 20 _ _ Title My Commission expires _ _ _ _ _ _ _ __ 11/19/19 24 City of Muskegon 2020-22 Janitorial Services 1.8 LIST OF PROPOSED SUB-CONTRACTORS To be submitted by each Bidder with Bid Proposal in accordance with Para. 8, Part 1, Section 1. Before a subcontract is executed by the successful Bidder, the subcontractor must be approved by the City of Muskegon and the required documents executed in accordance with the Contract Documents. 1. NAME OF FIRM FIRM ADDRESS 2. NAME OF FIRM FIRM ADDRESS 3. NAME OF FIRM FIRM ADDRESS 4. NAME OF FIRM FIRM ADDRESS 5. NAME OF FIRM FIRM ADDRESS 6. NAME OF FIRM FIRM ADDRESS 7. NAME OF FIRM FIRM ADDRESS 11/19/19 25 City of Muskegon 2020-22 Janitorial Services 1.9 DISADVANTAGED CONTRACTOR AFFIDAVIT Please provide the name(s) of all Disadvantaged subcontractors from whom you solicited bids for this project and additional information below. Disadvantaged Contractor: Contact Person: Contact Method/Date: Decision (Yes or No): l. _ _ _ _ _ _ _ __ 2._ _ _ _ _ _ _ __ 3._ _ _ _ _ _ _ __ 4 . _ _ _ _ _ _ _ __ Of the Disadvantaged Contractors listed above, please indicate why they will not be used on this project. Disadvantage Contractor: Decision/Reason: 1.- - - - - - - - 2._ _ _ _ _ _ __ 3._________ 4.- - - - - - - - - 11/19/19 26 City of Muskegon 2020-22 Janitorial Services I.IO STATEMENT OF BIDDER'S QUALIFICATIONS To be submitted by the Bidder upon specific request of City of Muskegon unless in connection with Letters of Recommendation in lieu of Performance Bond as provided in Section I. The Statement of Bidder's Qualifications as follows must accompany the four Letters. 1.10.1 SUMMARY OF BIDDER'S INFORMATION TO BE PROVIDED Each of the following items must be responded to in writing, and the information provided thereby must be clear and understandable. Upon completion, the Statement must be signed by the Bidder in front of a Notary Public and notarized. The Bidder may supply such additional information as desired after responding to each of these items: I. NAME OF BIDDER (Company, individual, etc.) 2. PERMANENT MAIN OFFICE ADDRESS OF BUSINESS INCLUDING ZIP CODE. 3. DATE BUSINESS WAS ESTABLISHED. 4. IF A CORPORATION, WHERE WAS IT INCORPORATED? 5. NUMBER OF YEARS ENGAGED IN CONTRACTING BUSINES UNDER PRESENT NAME? FIRM OR TRADE NAME? UNDER A PREVIOUS NAME? 6. SCHEDULE OF OUTSTANDING CONTRACTS, showing amount of each contract and the anticipated completion date of each. 7. GENERAL CHARACTER OF WORK PERFORMED BY YOUR COMPANY. 8. HAS THIS COMPANY EVER FAILED TO COMPLETE ANY WORK AWARDED IT? If so, WHERE AND WHY? 9. HAS THIS COMPANY EVER DEFAULTED ON A CONTRACT? If so, WHERE ANY WHY? I 0. LIST THE PROJECTS RECENTLY COMPLETED BY YOUR COMPANY, stating approximate cost of each and the month/year completed. Indicate which, if any, have provided your company with a Letter of Recommendation. 11. INDICATE EXPERIENCE IN CONSTRUCTION WORI<. SIMILAR TO THIS PROJECT. 12. LIST YOUR MAJOR EQUIPMENT AVAILABLE FOR THIS CONTRACT. 13. INDICATE BACKGROUND AND EXPERIENCE OF THE PRINCIPAL MEMBERS OF YOUR ORGANIZATION, INCLUDING OFFICERS. 14. INDICATE CREDIT AVAILABLE TO YOUR COMPANY. 15. LIST BANK REFERENCES. If a detailed financial statement is available attach it to this statement. 11/19/19 27 City of Muskegon 2020-22 Janitorial Services 16. ARE YOU WILLING TO COMPLETE A DETAILED FINANCIAL STATEMENT AND FURNISH ANY OTHER INFORMATION REQUIRED AND REQUESTED BY THE CITY OF MUSKEGON? 17. INCLUDE THE FOLLOWING STATEMENT: "The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City of Muskegon in verification of the recitals comprising this Statement of Bidder's Qualifications." 18. INCLUDE THE FOLLOWING AT THE END OF YOUR STATEMENT: Dated this_ _ _ _ _day of_ _ _ _ _~ 20_ COMPANY/BIDDER NAME SIGNATURE PRINTED NAME AND TITLE OF PERSON SIGNING 19. INCLUDE OFFICIAL NAME AND DATA FOR NOTARY PUBLIC TO NOTARIZE DOCUMENT. 11/19/19 28 City of Muskegon 2020-22 Janitorial Services 1.11 DBE/MBE/WBE PROCUREMENT POLICY 1.11.1 POLICY STATEMENT: 2014-31 (e) It is the policy of the City of Muskegon to assure that small disadvantaged business enterprises (DBE), minority business enterprises (MBE), and woman-owned business enterprises (WBE) are given the opportunity to participate in contracting and procurement for supplies, construction, equipment and services under federal contracts and collaborations. This policy applies to all contracts/procurement for supplies, construction equipment and services under any federally contracted grant or cooperative agreement. The purpose is to ensure nondiscrimination in the solicitation, either by competitive bidding or negotiation, and award and administration of federally assisted contracts and collaborations. Entities contracting or sub-contracting with the City of Muskegon shall comply with regulations relative to nondiscrimination in Federally-assisted programs as amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a pa1t of this contract. During the performance of any contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees, as follows: 1.11.2 STATEMENT OF NON-DISCRIMINATION The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection, retention, and treatment of subcontractors, including procurements of supplies, construction, equipment and services. 1.11.3 FAIR SHARE GOALS All methods of solicitation shall include the following language to meet "Good Faith Effo1t" requirements as stated in the general provisions of EPA 's 40 CFR 33 of the Federal Regulation: This contract is subject to the Environmental Protection Agency's (EPA) "fair share policy," ·which includes EPA-approved "fair share goals "for Disadvantaged Business Ente,prise (DBE), Minority Business Ente1prise (MEE) and Woman Business Ente1prise (WEE) firms in the Construction, Supplies, Equipment, and Services procurement categories. EPA 's policy requires that applicants and prime contractors make a good faith effort to award a fair share of contracts, subcontracts and procurements to Minority Business Enterprise and Women- Owned Business Ente1prise firms. Although EPA 's policy does not mandate that the fair share goals be achieved, it does require applicants and prime contractors to demonstrate use of the six affirmative steps, and adhere to the current fair share goals for the State of Michigan. 11/19/19 29 City of Muskegon 2020-22 Janitorial Services 1.11.4 GOOD FAITH EFFORTS (1) The City of Muskegon shall ensure DBE/MBE/WBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities by maintaining a solicitation list of DBE/MBE/WBE businesses and notifying them whenever they are potential sources. (a) Maintain and update a listing of qualified DBE/MBE/WBEs that can be solicited for construction, equipment, services and/or supplies on the City of Muskegon website. (b) Provide listings to all interested parties who request copies of the bidding or proposing documents. (c) Contact appropriate sources within our geographic area to identify DBE/MBE/WBEs for placement on our business listings. (d) Utilize other DBE/MBE/WBE listings such as those of the States Minority Business Office, the Small Business Administration, Minority Business Development Agency (MBDA) of the Department of Commerce, EPA OSDBU, DOJ, HUD, DOT and Department of Homeland Security. (e) Solicitation lists are available for review at all times via the city website. (2) The City of Muskegon shall make information of forthcoming opportunities available to DBE/MBE/WBEs and arrange time for viewing of contracts and establish delivery schedules, where requirements permit, in a way that encourages and facilitates participation by DBEs, MBEs, and WBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days(federal projects) and 10 calendar days(local projects), before the bid or proposal closing date. (a) Develop realistic delivery schedules which may provide for greater DBE/MBE/WBE participation. (b) Adve1tise through the minority media in order to facilitate DBE/MBE/WBE utilization. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. (c) Adve1tise in general circulation publications, trade publications, State agency publications and minority and women's business focused media concerning contracting opportunities on our projects. Maintain a list of minority and/or women's business-focused publications that may be utilized to solicit DBE/MBE/WBEs. (3) The City of Muskegon will consider in the contracting process whether firms competing for large contracts could subcontract with DBE/MBE/WBEs. The City of Muskegon will divide total requirements when economically feasible and practical into smaller tasks or quantities in order to increase oppmtunities for participation by DBE/MBE/WBEs in the competitive process. (a) Perform an analysis to identify portions of work that can be divided and performed by qualified DBE/MBE/WBEs. (b) Scrutinize the elements of the total project to develop economical units of work that are within the bonding range of DBE/MBE/WBEs. (c) Conduct meetings, conferences, and follow-ups with DBE/MBE/WBE associations and minority media to inform these groups of opportunities to provide construction, equipment, services and supplies. 11/19/19 30 City of Muskegon 2020-22 Janitorial Services (4) The City of Muskegon will consider and encourage contracting with a consortium of DBE/MBE/WBEs when a contract is too large for one of these firms to handle individually. (a) Notify DBE/MBE/WBEs of future procurement opportunities so they may establish bidding solicitations and procurement plans. (b) Provide DBE/MBE/WBEs trade organizations with succinct summaries of solicitations. (c) Provide interested DBE/MBE/WBEs with adequate information about plans, specifications, timing and other requirements of the proposed projects. (5) Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development Agency (MBDA). (a) Use the services of outreach programs sponsored by the MBDA and/or the SBA to recruit bona fide firms for placement on DBE/MBE/WBE bidder's lists to assist these firms in the development of bid packaging. (b) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying DBE/MBE/WBEs for potential work opportunities on projects (6) If the prime contractor awards subcontractors, the prime contractor is required to take the steps in subparagraphs (1)-(5) of this section. 1.11.5 DOCUMENTA TI ON/REPORTING The contractor shall provide all information and reports required by the Regulations, or directives issues pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the appropriate federal agency to be pertinent to asce1iain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so ce1iify to the appropriate State or Federal Agency, as appropriate, and shall set fo1ih what efforts it has made to obtain the information. 1.11.6 NON - COMPLIANCE Contractors, sub-contractors, and other associated entities failing to comply with the federal regulations legally required under contracts associated with Environmental Protection Agency (EPA), Housing and Urban Development (HUD), Department of Justice (DOJ), Depaiiment Of Transportation (DOT), or Depaiiment of Homeland Security (DHS) that have been granted to the City of Muskegon, may result in delayed closings, withholding the release of funds, or commitment cancellation. 11/19/19 31 City of Muskegon 2020-22 Janitorial Services 1.12 ADDENDUM NO I SEE APPENICIES PAGES 11/19/19 32 City of Muskegon 2020-22 Janitorial Services 1.13 BID TABULATION SEE APPENICIES PAGES 11/19/19 33 City of Muskegon 2020-22 Janitorial Services PART 2 - AGREEMENT 11/19/19 34 City of Muskegon 2020-22 Janitorial Services 2.0 AW ARDEE CHECKLIST THIS FORM IS A REFERENCE TOOL FOR AW ARDEE CONTRACTORS The following forms MUST be completed: Completed? Yes No 1. Agreement 2. Performance Bond 3. Labor & Materialman's Bond 4. Non-Collusion Affidavit of Sub-Contractor 5. Letters of Recommendation (if applicable) Actual Completion of All Required Forms is the Sole Responsibility of the Bidder 11/19/19 35 City of Muskegon 2020-22 Janitorial Services 2.1 DIRECTIONS FOR PREPARATION 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than that required by the Specifications. 4. If the Principals are partners, or joint ventures, each member shall execute the bond as an individual, with his/her place of residence shown. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall be affixed following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal; OR There may be attached copies of such corporation records as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary of the corporation, under the corporate seal, to be true copies. 7. The current Power-of-Attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond MUST NOT BE PRIOR TO THE DATE OF THE CONTRACT. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of the premium charged. 10. The signature of a witness shall appear in the appropriate place, attesting to the signature of each party to the bond. 11. Type or print the name underneath EACH SIGNATURE appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. 11/19/19 36 City of Muskegon 2020-22 Janitorial Services 2.2 AGREEMENT THIS AGREEMENT, made this * day of 20 * by the City of Muskegon And between {a corporation organized and existing under the laws of the state of MI CHI GAN]; or [a partnership consisting of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ]; or {an individual trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ]; Hereinafter called the "Contractor", and the CITY OF MUSKEGON, MICHIGAN: WITNESSETH, that the Contractor and the City of Muskegon, for the consideration stated herein, mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the construction of the improvements embraced in this Contract, NAMELY: Janitorial and Ca,pet Cleaning Sen)ices at the following sites: City Hall, including the ~Muskegon PoliceDepartment (933 Terrace St.), and the Public Service Building (1350 E. Keating), for a period of three (3) years. and required supplemental work for the completion of this Project, all in strict accordance with the Contract, including all Addenda. ARTICLE 2. The Contract Price. The City of Muskegon will pay the Contractor for the performance of this Contract and the completion of the work covered therein an amount in current funds not to exceed$ Article 3. Contract. The executed contract shall consist of, but not be limited to, the following: Invitation for Bids Section I - Project Pe,formance Part 1- Bids Section 2 -Affirmative Action Section I - Instruction to Bidders Section 3 Labor Standards/EEOC/Anti-Kickback Act Section 2 - Bid Proposal Part 4 - Project Special Specifications Part 2 - Agreement Part 5 - Appendices Part 3 - General Specifications This Agreement, together with other documents enumerated in this Article 3, which said other documents are as fully pati of the Contract as if attached hereto or repeated herein, form the Contract between the parties hereto. In the event any provision in any component pati of this Contract conflicts with any provision of any other component pati, the Contractor shall contact the City immediately in writing for a determination, interpretation and/or clarification of conflicting patis and priority of same. Said determination from the City shall be in writing and shall become an Addendum to this Contract *Date contract awarded by the City Commission 11/19/19 37 City of Muskegon 2020-22 Janitorial Services IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in Five (5) original counterparts on the day and year first written above. ATTEST: CONTRACTOR Signature Signature Printed Name and Title ATTEST: CITY OF MUSKEGON Signature Mayor Signature City Clerk Signature (SEAL) CERTIFICATION (if applicable) I, _ _ _ _ _ _ _ _ _ _ _ _ _ _, certify that I am the _ _ _ _ _ _ _ _ _ _ _ of the Corporation named as the Contractor herein; That _ _ _ _ _ _ _ _ _ _ _ _ _ , who signed this Agreement on behalf of the Contractor, was then _ _ _ _ _ _ _ _ _ _ _ _ _ _ of said Corporation; That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signature (CORPORATE SEAL) Printed Name and Title 11/19/19 38 City of Muskegon 2020-22 Janitorial Services 2.3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ as Principal, a n d - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as Surety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or assigns (hereinafter called the Obligee ), in the full and just sum of dollars($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, said Principal has entered into a certain contract with Obligee, Dated _ _ _ _ _ _ _ _ , 20_ _, (hereinafter called the Contract) for: _ _ _ _ _ _ _ _ _ __ and the specifications for said work shall be deemed a part hei·eof as fully as if set out herein: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: (a) If the Principal shall faithfully perform the Contract on his/her pait, as of the time and in the manner therein provided; shall satisfy all claims and demands incurred in or for the same, or growing out of the same, or for injury or damages to persons or property in the performance thereof; shall fully indemnify and save harmless said Obligee from any and all cost and damage which the Obligee may suffer by reason of the Principal's failure to do so; and shall fully reimburse and par the Obligee any and all outlay and expense which it may occur by reason of such default; and (b) If, after completion and acceptance of the work by the Obligee, the Principal shall promptly remedy any defects in the work due to faulty materials or workmanship which shall appear within the period of one year from the date of completion and final acceptance of the work, and pay for any damage to said Obligee, to the State of Michigan, or to any municipal subdivision or local authority thereof to which the rights and privileges of said Obligee have passed or been assigned, then this obligation shall be null and void; otherwise it shall remain in full force and virtue. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to the work to be performed thereunder, or to the specifications accompanying the same, shall in any wise affect its obligations on this Bond; and it does thereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or specifications. It is hereby further stipulated and agreed that, if the Principal is a non-Michigan Corporation, neither the Principal nor the Surety shall be discharged from liability on this Bond, nor the bond surrendered, until such Principal files with the Obligee a cettificate from the Michigan Department of Revenue evidencing the payment in full of all taxes, penalties and/or interest, and a ce1tificate from the Unemployment Compensation Commission evidencing the payment of all unemployment compensation contributions, penalties and/or interest, due the State of Michigan from said Principal, or any non-Michigan corporation, subcontractor thereunder, or for which liability has accrued but the time for payment has not arrived. 11/19/19 39 City of Muskegon 2020-22 Janitorial Services SIGNED, SEALED AND DELIVERED IN ORIGINAL COUNTERPARTS THIS _ _ _ _ _ _D.A Y O F - - - - - - ~ 20 _ _ Individual Principals Sign Here: In the Presence of: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) Corporate Principals Sign Here: Attest: (Printed Name and Title) (Printed Name) Surety Sign Here: Attest: (Printed Name and Title) (Printed Name) The rate of premium charge is $_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ per thousand. The total amount of premium charged is $_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ (to be filled in by the Corporate Surety) 11/19/19 40 City of Muskegon 2020-22 Janitorial Services 2.4 LABOR & MATERIALMAN' S BOND KNOW ALL MEN BY THESE PRESENTS, that we, _ _ _ _ _ _ _ _ _ _ _ _ _ __ as Principal, and -------------------------------- as Surety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or assigns (hereinafter called the Obligee) in the penal sum of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ dollars($_ _ _ _ _ _ _~ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, said Principal has entered into a certain contract with said Obligee, dated_ _ _ _ _ __ 20_ _ _, (hereinafter called the Contract) for: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ and the specifications for said work shall be deemed a part hereof as fully as if set out herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal, all subcontractors to whom any portion of the work provided for in said Contract is sublet, and all assignees of said Principal and of such subcontractors, shall promptly make payment for all material furnished, labor supplied or performed, rental for equipment employed and services rendered by public utilities in or in connection with the prosecution of the work, whether or not said material, labor, equipment or services entered into become component parts of the work or improvement contemplated in said Contract, in any amendment, extension of, or addition to said Contract, then the above obligation shall be void; otherwise, it shall remain in full force and effect; PROVIDED, HOWEVER, that this Bond is subject to the following conditions and limitations: (a) All persons who have performed labor, rendered services or furnished materials or equipment, shall have a direct right of action against the Principal and Surety on this Bond, which right of action shall be asserted in proceedings instituted in the State in which such labor was performed, services rendered or materials furnished (or where labor has been performed, services rendered or materials furnished under said Contract in more than one state, then in any such states). Insofar as permitted by the laws of such State, such right of action shall be asse1ied in a proceeding instituted in the name of the Obligee to the use and benefit of the persons instituting such action and any or all other persons having claims hereunder; and any other person having a claim hereunder shall have the right to be made a party to such proceedings, but not later than one year after the complete performance of said Contract and final settlement thereof, and to have such claim adjudicated in such action and judgment rendered thereon; PROVIDED HOWEVER, that the Obligee shall not be liable for the payment of any costs or expenses of any such suit. (b) The Surety shall not be liable hereunder for any damages or compensation recoverable under any workmen's compensation or employer's liability statute. (c) In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to any suit, action or proceeding thereon, that is instituted later than one year after the complete performance of said Contract and final settlement thereof. (d) As used herein: The term "Person" refers to any individual, firm or corporation which has furnished materials, equipment or public utility services to be used on or incorporated in the work, or the prosecution thereof, provided for in said Contract or any amendment, extension of, or addition to said Contract; and/or to any person engaged in the prosecution of the work provided for in said 11/19/19 41 City of Muskegon 2020-22 Janitorial Services Contract or any, extensions of, or addition to said Contract, who is an agent, servant or employee of the Principal or of any subcontractor, or any assignee of said Principal or any subcontractor; and also anyone so engaged who performs the work of a laborer or mechanic, regardless of any contractual relationship between the Principal or any subcontractor, or any assignee of said Principal or subcontractor and such laborer or mechanic; BUT shall not include office employees not regularly stationed at the site of the work. (e) It is hereby further stipulated and agreed that, if the Principal is a non-Michigan corporation, neither the Principal nor the Surety shall be discharged from liability on this Bond, nor the Bond surrendered, until such Principal files with the Obligee a ce1tificate from the Michigan Department of Revenue evidencing the payment in full of all taxes, penalties and/or interest due the State of Michigan from the Principal, or any non-Michigan corporation, subcontractor thereunder, or for which liability has accrued but the time for payment has not arrived. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, to the work to be performed thereunder, or to the specifications accompanying the same, shall in any wise affect the obligations of this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work thereunder, or the specifications. SIGNED, SEALED AND DELIVERED IN ORIGINAL COUNTERPARTS THIS _ _ _ _ _ _DAY O F - - - - - - ~ 20 _ _ Individual Principals Sign Here: In the Presence of: (Printed Name and Address) (Printed Name and Address) (Printed Name and Address) Corporate Principals Sign Here: Attest: (Printed Name and Title) (Printed Name) Surety Sign Here: Attest: (Printed Name and Title) (Printed Name) 11/19/19 42 City of Muskegon 2020-22 Janitorial Services 2.5 NON-COLLUSION AFFIDAVIT OF SUB-CONTRACTOR State of _ _ _ _ _ _ _ _ _ _ _ _ __, ) ss. County of _ _ _ _ _ _ _ _ _ _ _ _ _ _)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , being first duly sworn, deposes and says that: 1. He/She is --------- ----------------------- (owner, partner, officer, representative, agent) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , the Bidder that has submitted the attached Bid to the City of Muskegon; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances thereto; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither said Bidder nor any of his/her officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted, or to refrain from bidding in connection with such Contract; nor has in any manner, directly or indirectly, sought by agreement, collusion, communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or any other bid; nor to fix any overhead, profit or cost element of the Bid price or the bid price of any other bidder; nor to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Muskegon or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper, and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any pait of its agents, representatives, owners, employees or parties in interest, including this affiant. Signature Printed Name and Title Subscribed and sworn to before me This _ _ _ _day of _ _ _ _ _~ 20_ _ Title 11/19/19 43 City of Muskegon 2020-22 Janitorial Services 2.6 LETTERS OF RECOMMENDATION IN LIEU OF PERFORMANCE BOND In accordance with Section I, four letters of sincere recommendation may be presented to the City Manager in lieu of a performance bond when this Contract is under the amount of $50,000 and the successful Bidder cannot produce the appropriate performance bond. To use letters of recommendation for this purpose, your intention to do so must be disclosed as part of your bid, so that a decision on acceptability can be made prior to the contract award. The four letters are to be presented prior to the execution of the Contract Agreement and must be accompanied by the Statement of Bidder's Qualifications as outlined (Part I, Section 2, Bid Proposal). Each of the four letters should contain no less than the following information: THE LETTER OF RECOMMENDATION PACK.AGE IS SUBJECT TO CITY MANAGER AND/OR CITY COMMISSION APPROVAL PRIOR TO LETTING THE BID OR EXECUTING THE AGREEMENT. 2.6.1 SUMMARY OF INFORMATION TO BE INCLUDED IN LETTER OF RECOMMENDATIONS I. On letterhead of the recommending company, including name, address and phone ni.1mber of the recommending company. 2. Include reference to the name of the company being recommended. 3. Include a brief description of the type of each of the projects the recommended company performed, the total dollars contracted for each, and the date of construction start and completion under each contract. 4. Include a statement indicating how the company being recommended performed the work involved under the contracts, whether the recommended company accomplished the work satisfactorily and within the appropriate time limits of the contracts. 5. Indicate if there was any default on the part of or litigation as a result of the recommended company. 6. Indicate if, to the best of knowledge, all subcontractors and/or suppliers of labor or materials on each project were properly compensated by the company being recommended. 7. Include a statement the same as, or similar to the following: "I, on behalf of my organization (or company by name) recommend this company (or the name of the company being recommended) as responsible and competent, and I believe they can capably perform construction work similar to that described in this letter in a timely and satisfactory manner." 11/19/19 44 City of Muskegon 2020-22 Janitorial Services PART 3-GENERAL SPECIFICATIONS 11/19/19 45 City of Muskegon 2020-22 Janitorial Services SECTION 1 11/19/19 46 City of Muskegon 2020-22 Janitorial Services 3.0 FOR PROJECT PERFORMANCE 3.0.1 ASSIGNMENT OR NOVATION a. The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without the written consent of the City of Muskegon; provided, however, that assignments to banks, trust companies or other financial institutions may be made without said consent. b. No assignment or novation of this Contract shall be valid unless it expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services, or supplying such materials, tools or equipment. 3.0.2 CONFLICT OF INTEREST a. No official of the City of Muskegon who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving, any engineering, inspection, construction or material supply contract, or any subcontract, in connection with the construction of this Project shall become directly or indirectly interested personally in this Contract or in any part hereof. b. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity, and on behalf of the City, to exercise any legislative, executive, supervisory or other similar function in connection with the construction of this Project, shall become directly or indirectly interested personally in this Contract or in any part hereof, any material supply contract, any subcontract, any insurance contract, or any other contract pertaining to this Project. 3.0.3 CITY'S AUTHORITY a. The City of Muskegon shall designate and identify its Authorized Representative(s) and Inspectors. b. The Authorized Representative will be responsible for the execution of the work under this Contract. The Authorized Representative will determine the amount, quality, acceptability of materials, and fitness of the work to be paid for under this Contract. That Representative will decide all questions which may arise in relation to said work and the construction thereof. The City's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. c. Inspectors will work under the direct supervision of the Authorized Representative. Inspectors will not be authorized to revoke, alter, enlarge or relax any of these specifications nor to change the plans in any particular. The Inspector on the work will inform the Authorized Representative as to the progress of the work, the manner in which it is being done, and the quality of the materials being used. He/She will also call to the attention of the Contractor any failure to follow the plans and specifications that may be observed. He/She shall have the authority to prevent any material from being used, and to stop any work from being done, which he/she believes does not conform to the plans and specifications, until the Authorized Representative has an opportunity to inspect the material or work. In no instance shall any action or omission on the part of the Inspector relieve the Contractor of the responsibility of completing the work in accordance with the plans and specifications. d. In case any question shall arise between the parties hereto relative to said Contract, the determination or decision of the City shall be a condition precedent to the right of the 11/19/19 47 City of Muskegon 2020-22 Janitorial Services Contractor to receive any money or payment for work under this Contract affected in any manner, or to any extent, by such question. e. The City shall decide the meaning and intent of any portion of this Contract or any specifications therein where the same may be found obscure or in dispute. Any differences or conflicts in regard to the work which may arise between the Contractor under this Contract and other contractors performing work for the City shall be adjusted and determined by the City. 3.0.4 OTHER CONTRACTS The City may award, or may have awarded, other contracts for additional work in the vicinity of this Project; and the Contractor shall cooperate fully with such other contractors by scheduling his/her own work with that to be performed under other contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor as scheduled. 3.0.5 TERMINATION OF CONTRACT a. If the Contractor refuses or fails to prosecute the work with such diligence as will ensure its completion within the time specified, or as amended, in these Contract Documents, the City may, by written notice, terminate the Contractor's right to proceed with the work. b. Upon such termination, the City of Muskegon may take over the work and prosecute same to completion, by contract or otherwise, and may take possession of, and utilize in completing the work, such materials, tools, equipment and plant as may be on the site of the work and necessary to the completion thereof. c. The Contractor and the sureties to the Contract shall be liable to the City for any additional cost incurred by the City in its completion of the work, and shall fmther be liable for the liquidated damages for any delay in completion of work as provided by this Contract. 3.0.6 REVIEW BY AUTHORIZED REPRESENTATIVES The City of Muskegon, its authorized representative(s) and/or agents shall at all times have access to, and be permitted to observe and review, all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, however, that all instructions and approval with respect to the work will be given to the Contractor by the City of Muskegon through its Authorized Representative. 3.0.7 PATENTS The Contractor shall hold and save the City of Muskegon, its officers and employees, harmless from liability of any nature or kind, including costs and expenses, for or on account of any patented or unpatented invention, process article, or appliance manufactured or used in the performance of the Contract, including its use by the City of Muskegon. 3.0.8 PAYROLLS AND BASIC RECORDS a. The Contractor will submit weekly a copy of all payrolls, basic records relating thereto, and completed forms as requested, to the City's Affirmative Action Department accompanied by a "Weekly Statement of Compliance". The prime Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. * b. The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the City may request from time to time concerning the work performed under this Contract. c. The Contractor shall withhold Muskegon City Income Taxes from each and every employee who is subject to same, and shall pay Contractor's Income Tax due, if any. 11/19/19 48 City of Muskegon 2020-22 Janitorial Services Contractor shall frnther require the same of each Subcontractor, consultant or other pay with whom the contractor works or from whom contractor obtains goods or services for the project. Payroll submissions required by this agreement shall include full information showing said withholding. The City may withhold payments otherwise due to the contractor to assure compliance with this agreement or cure noncompliance. 3.0.9 CLEAN AIR ACT The Contractor shall comply and shall require each of its Subcontractors employed in the completion of this project to comply with all applicable provisions of the Clean Air Act as amended by Public Law 91-604.* 3.0.10 PERMITS AND CODES a. The Contractor shall give all notices required by and comply with all applicable laws, ordinances and codes of the local government. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and the Specifications for compliance with applicable ordinances and codes, and shall immediately repmt any discrepancy to the City. b. Where the requirements of the drawings and Specifications fail to comply with such applicable ordinances and codes, the City will adjust .the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or depaitment) and make appropriate adjustment in the Contract Price or stipulated Unit Prices. c. Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with drawings, Technical or Special Specifications), the Contractor shall remove such work without cost to the City, but a Change Order may be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before he/she commenced work on the items involved. d. The Contractor shall at his/her own expense secure and pay for all necessary permits to execute the work from each involved governmental unit, whether it be the City of Muskegon, townships, County or State of Michigan. In some cases, certain permits will be obtained by the owner and will be so identified within the Special Specifications. All other permits are the responsibility of the Contractor. e. The Contractor shall comply with applicable local and state laws and ordinances governing the disposal of surplus excavation materials, debris and rubbish on or off the Project Site and commit to trespass on any public or private prope1ty in any operation due to or connected with the improvements embraced in this Contract. 3.0.11 REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein; and, if through error or otherwise, any such provision is not inserted, or is incorrectly inse1ted, then upon the application of either patty to this Contract, the Contract shall forthwith be physically amended to make such insertion or correction. This clause shall be included in all Subcontracts.* 3.0.12 COMMUNICATIONS a. All notices, demands, requests, instructions, approvals, proposals and claims must be in writing. 11/19/19 49 City of Muskegon 2020-22 Janitorial Services b. Any notice to or demand upon the Contractor from the City relative to any paii of this Contract shall be sufficiently considered given, and the service thereof completed, when said notice is posted, by certified or registered mail, to the Contractor at his/her last given address; or when said notice is delivered in person to the Contractor or authorized representative on the Project Site, at the office of the Contractor, or to any telegraph company for transmission with charges prepaid, in each case addressed to such office. c. All papers required to be delivered to the City of Muskegon shall be delivered to the Muskegon City Hall, to the attention of the Authorized Representative on this Project, and any notice to or demand upon the City shall be sufficiently given if so delivered, or if posted, by certified or registered mail, to 933 Terrace Street, Muskegon, Michigan 49443, or to any telegraph company for transmission with charges prepaid, in each case to the same address. Any such notice shall be deemed to have been given as of the time of the actual delivery or at the time of actual receipt, as the case may be. 3.0.13 REQUEST FOR SUPPLEMENTARY INFORMATION It shall be the responsibility of the Contractor to make timely requests of the City for any additional information not already in his/her possession which should be furnished by the City under the terms of this Contract, and which he/she will require in the planning and execution of the work. Such requests may be submitted from time to time as the need arises, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, listing the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two (2) weeks after the Contract award, and shall be as complete as possible at that time. The Contractor shall, upon request, furnish promptly any assistance and information the City may require in responding to these requests. The Contractor shall be fully responsible for any delay in his/her work or to others arising from his/her failure to comply fully with the provision of this Article. 3.0.14 INSURANCE AND INDEMNITY a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor and Subcontractors agree to defend, pay in behalf of, indemnify, and hold harmless the CITY OF MUSKEGON, all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof working on behalf of the CITY OF MUSKEGON against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asse11ed, claimed or recovered against or from the CITY OF MUSKEGON and their elected and appointed officials, employees, volunteers, or others working on behalf of the CITY OF MUSKEGON by reason of personal injury, including bodily injury and death, property damage, including loss of use thereof, and/or the effects of or release of toxic and/or hazardous material which arises out of or is any way connected or associated with this contract. The obligation to defend and hold harmless extends to Contractor's employees, agents, subcontractors, assigns and successors. b. The contractor, or any of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to the CITY OF MUSKEGON. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIR's are the responsibility of the Contractor. c. The Contractor shall procure and maintain the following insurance coverage: 11/19/19 50 City of Muskegon 2020-22 Janitorial Services i. Workers' Compensation Insurance- The Contractor and Subcontractor 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. ii. 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 $1,000,000.00 per occurrence and aggregate combined. 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, if not already included. Personal Injury, Bodily Injury and Property Damage coverage's shall be included (E) Deletion of all explosion, collapse and underground (SCU) exclusions, if applicable. The said insurance shall cover liability caused by the activities of any subcontractor. iii. Automotive Liability - The Contractor shall procure and maintain during the life of this contract Automotive Liability Insurance, including Michigan No-Fault Coverage's, with limits of liability for third party claims of not less than $1,000,000.00 per occurrence or combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. The said insurance shall cover liability caused by the activities of any subcontractor. iv. Additional Insured- Commercial General Liability and Automotive Liability Insurance, as described above, shall include an endorsement stating the following shall be "Additional Insureds" using the following language: "The CITY OF MUSKEGON and all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming The CITY OF MUSKEGON as additional insured, coverage afforded is considered to be primary and any other insurance The City of Muskegon may have in effect shall be considered secondary and/or excess. v. Cancellation Notice- All policies as described above, shall include an endorsement stating that it is understood and agreed Thitty (30) days, Ten (10) days for non- payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING DEPARTMENT", PO Box 0536, Muskegon, MI 49443-0536 d. Owner's and Contractor's Protective Liability- The Contractor shall procure and maintain during the life of this contract Owner's and Contractor's Protective Liability with limits of liability not less than $1,000,000.00 per occurrence and/or aggregate, combined single limit. Personal injury, Bodily injury and Prope1ty Damage coverage's shall be included. The CITY OF MUSKEGON shall be "Named Insured" on this coverage. Thi1ty (30) day notice of cancellation to the CITY OF MUSKEGON shall be required. Said insurance shall cover liability caused by the activities of any subcontractor(s) either by means of a rider attached to the Prime Contractor's Certificate of Insurance indicating this coverage for subcontractors; or the subcontractor(s) shall submit their own Certificate oflnsurance. e. Proof of Insurance Coverage - The Contractor and Subcontractors shall provide the CITY OF MUSKEGON at the time the contracts are returned by him/her for execution, a Certificate of Insurance as well as the required endorsements. In lieu of required endorsements, if applicable, a copy of the policy sections where coverage is provided for additional insured and cancellation notice would be acceptable. Copies or certified copies of all policies mentioned above shall be furnished. Certificates and policies endorsing the City of Muskegon as additional insured as listed below: 11/19/19 51 City of Muskegon 2020-22 Janitorial Services 1. Two (2) copies of Cetiificate oflnsurance for 11. Workers' Compensation Insurance; iii. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; iv. Two (2) copies of Certificate oflnsurance for Automotive Liability Insurance; v. Original Policy, or original Binder pending issuance of policy, for Owner's and Contractor's Protective Liability Insurance; vi. If so requested, Cetiified Copies of all policies mentioned above will be furnished. f. If any of the above coverage's expires during the term of this contract, the Contractor and Subcontractors shall deliver renewal cetiificates and/or policies to CITY OF MUSKEGON at least ten (10) days prior to the expiration date. 3.0.15 SUPERINTENDENCE BY CONTRACTOR a. Except where the Contractor is an individual and gives his/her personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the City of Muskegon, on the work at all times during working hours with full authority to act for the Contractor. The Contractor shall also provide adequate staff for the proper coordination and expediting of the work. b. The Contractor shall lay out his/her own work, and shall be responsible for all work executed by him/her under this Contract. He/She shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his/her failure to do so. 3.0.16 MUTUAL RESPONSIBILITY OF CONTRACTORS a. If, through acts or neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other contractor or subcontractor by agreement or arbitration, if such other contractor or subcontractor will so settle. b. If such other contractor or subcontractor shall assert any claim against the City of Muskegon on account of any damage alleged to have been so sustained, the City will notify the Contractor, who shall defend at his/her own expense any suit based upon such claim, and, if any judgment or claim against the City is allowed, the Contractor shall pay all costs and expenses in connection therewith. 3.0.17 CARE OF THE WORK a. The Contractor shall be responsible for all damages to person or propetiy that occur as a result of his/her fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or part by payments made by the City. b. The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays and holidays, from the time the work commences until final completion and acceptance, as needed. c. In an emergency affecting the safety of life, limb or propetiy, including adjoining property, the Contractor, without special instructions or authorization from the City, is authorized to act at his/her own discretion to prevent such threatened loss or injury, and he/she shall so act. He/She shall likewise act if instructed to do so by the City. Any compensation claimed by the Contractor on account of such emergency work will be determined by the City as provided in this Contract regarding Change Orders. d. The Contractor shall avoid damage as a result of his/her operation to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), 11/19/19 52 City of Muskegon 2020-22 Janitorial Services adjoining property, etc., and he/she shall at his/her own expense completely repair any damage thereto caused by his/her operation. e. The Contractor shall shore up, brace, underpin, secure and protect, as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of, the Site which may be in any way affected by the excavations or other operations connected with the execution of this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before commencement of any work. The Contractor shall indemnify and save harmless the City of Muskegon from the damages on account of settlements or the loss oflateral support of adjoining property and from all loss or expense and all damages for which the City may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 3.0.18 ACCIDENT PREVENTION a. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the Site, which occur as a result of his/her prosecution of the work. The safety provisions of applicable laws and building, construction or demolition codes shall be observed, and the Contractor shall take, or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. b. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction", published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. c. The Contractor shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under this Contract. The Contractor shall promptly furnish the City with reports concerning these matters. d. The Contractor shall indemnify and save harmless the City of Muskegon from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. 3.0.19 DISPUTES AND CLAIMS a. All disputes arising under this Contract or its interpretation, except those disputes covered by Federal Labor Provisions, whether involving law or fact, or both, or extra work, and all claims for alleged breach of Contract shall be presented by the Contractor to the City for decision within ten (I 0) days of commencement of dispute. b. All papers petiaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify and prove the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed. c. Any claim not presented within the time limit specified in Paragraph (a) above shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within then (I 0) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt by the City of notice thereof. d. After review of the claim, the City will decide upon action to be taken. Each decision by the governing body of the City of Muskegon will be in writing and will be mailed to the Contractor by registered mail, return receipt requested, directed to his/her last known address. 11/19/19 53 City of Muskegon 2020-22 Janitorial Services e. If the Contractor does not agree with any decision of the City, he/she shall in no case allow the dispute to delay the work but shall notify the City promptly that he/she is proceeding with the work under protest, and he/she may then except the matter in question from the final release upon Request for Final Payment in substantially. 11/19/19 54 City of Muskegon 2020-22 Janitorial Services SECTION2 11/19/19 55 City of Muskegon 2020-22 Janitorial Services 3.1 AFFIRMATIVE ACTION NOTICE OF REQURIEMENT FOR AFFIRMATIVE ACTION TO INSURE EQUAL EMPLOYMENT OPPORTUNITY AND PROHIBITING DISCRIMINATION IN EMPLOYMENT (Federal Executive Order 11243) Michigan: Elliot-Larson Civil Rights Act The attention of bidders is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of religion, race, color, national origin, age, sex, height, weight, familial status, marital status, disability, sexual orientation or gender identity, or status as a Vietnam Era Veteran. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment, without regard to their religion, race, color, national origin, age, sex, height, weight, familial status, marital status, disability, sexual orientation or gender identity, or veteran background. Such action shall include, but not be limited to, the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship. LOCAL EMPLOYMENT EFFORT The City of Muskegon requires that the contractor must hire local trades and labor employees from the City of Muskegon, County of Muskegon and/or this SMSA (Standard Metropolitan Statistical Area) for the duration of this project, insofar as these are available to perform the necessary work. Supervisory and/or technical staff officials are exempt from this requirement. LABOR STANDARDS PROVISION EMPLOYMENT AND PREVAILING WAGE AND SALARY REQUIREMENTS The attention of bidders is particularly called to the requirements covered in these documents concerning the payment of not less than the prevailing wage and salary rates specified, and in regard to conditions of employment with respect to certain categories and classifications of employees. All laborers and mechanics employed by this contract shall be paid unconditionally and not less than once each week, and without subsequent deduction or the rebate on any account (except such payroll deductions as are permitted by the applicable regulations issued by the City of Muskegon). 11/19/19 56 City of Muskegon 2020-22 Janitorial Services SECTION3 11/19/19 57 City of Muskegon 2020-22 Janitorial Services 3.2 ADOPTED LABOR STANDARDS PROVISIONS The following clause is applicable unless this contract is exempt under the rules and regulations of the Secretary of Labor issued pursuant to Executive Order No. 11246 of September 24, 1965 (30FR 12319), as amended. 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 natural 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 place, available to employees and applicants for employment, notices to be provided by the contraction officer setting for the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 1246 of September 24, 1695, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) 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 the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) 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 canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for fmther Government contracts in accordance with the procedures authorized in Executive Order No. 11246 of September 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. (7) The contractor will include the provision 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 and subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provide, 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. 11/19/19 58 City of Muskegon 2020-22 Janitorial Services 3.3 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (Incorporated by Reference) The Equal Employment Opportunity Clause required under Executive Order 11246, the affirmative action commitment for disabled veterans and veterans of the Vietnam era, set forth in 41 CFR 60-250.4 the affirmative action clause for handicapped workers, set fo1th in 40 CFR 60-741.4 and the related regulations of the Secretary of Labor. 40 CFR Chapter 60, are incorporated by reference in this purchase order. By accepting this purchase order, vendor certifies that it complies with the authorities cited above, and that it does not maintain segregated facilities or permit its employees to perform services at locations where segregated facilities are maintained, as required by 41 CFR 60-1.8 11/19/19 59 City of Muskegon 2020-22 Janitorial Services 3.4 ANTI-KICKBACK ACT NOTICE TO CONTRACTORS: The Contractor shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the Copeland Anti-Kickback Act (Title 40 U.S.C., Section 276c), and any amendment or modifications thereof, shall cause appropriate provisions to be insetted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractor thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerance, and exemptions from the requirements thereof. Copeland "Anti-Kickback" Act Policy The Copeland "Anti-Kickback" Act prohibits contractors or subcontractors engaged in building construction or repair from persuading an employee to give up any part of the compensation to which he or she is entitled under his or her employment contract. NOTICE TO MUNICIPAL EMPLOYEES: Any employee who offers or approves the offer ofa business consideration must ensure that it is ethical and proper in all respects. The offer ofa business consideration cannot reasonably be inte1preted as an attempt to gain an unfair business advantage or otherwise reflect negatively on the reputation ofthe City ofMuskegon and/or the recipient. The business consideration shall not violate this anti-kickback policy. The City of Muskegon's (Muskegon) staff, representatives, and contractors are prohibited from receiving unreasonable compensation from grantors, grantees, contractors, applicants, or any other person or individual for the purpose of receiving preferential treatment of any kind. The guidelines below define Muskegon's policy toward kickbacks and the penalties for offering kickbacks to Muskegon employees, representatives or contractors. Definition: "Kickback" for the purposes of this policy (excluding de minimis gifts), means substantial money, fees, commission, gifts, gratuity, object of value, or offer of employment, which is provided or offered, directly or indirectly, to any City of Muskegon employee, contractor or contracted employee, vendor or vendor employee, or consultant for the purpose of improperly obtaining or rewarding favorable treatment in connection with a City of Muskegon project or contract. This policy prohibits any person or organization from: Providing or attempting to provide or offering to provide kickbacks; Soliciting, accepting or attempting to accept kickbacks; or Including, directly or indirectly, the amount of kickbacks in any contract awarded by City of Muskegon, contractors, or subcontractors. Any employee found to be in violation of this policy will be subject to an investigation by the City of Muskegon's Compliance Officer to determine if the policy was infringed upon. Depending 011 the results of the investigation, appropriate discipline will be determined. The employee may be subject to civil or criminal penalties as provided under U.S. law. Any applicant, grantee, contractor, consultant, or vendor in violation of this policy will be prohibited from participation in any City of Muskegon project, contract, or activity and may be subject to additional civil or criminal penalties as provided under U.S. law (Title 40 U.S.C., Section 276c). Muskegon reserves the right to recover damages from any person who knowingly engages in such prohibited conduct and from any person whose employee, contractor, or subcontracted employee provides, accepts, or charges a kickback. 11/19/19 60 City of Muskegon 2020-22 Janitorial Services SECTION 4 11/19/19 61 City of Muskegon 2020-22 Janitorial Services 3.5 PREVAILING WAGE DECISION THIS IS NOT A PREVAILING WAGE PROJECT 11/19/19 62 City of Muskegon 2020-22 Janitorial Services PART 4 - SPECIAL SPECIFICATIONS 11/19/19 63 City of Muskegon 2020-22 Janitorial Services 4.0 SPECIAL SPECIFICATIONS 4.0.1 GOVERNING ORDER - The Technical Specifications, which include the City of Muskegon Standard Specifications for construction and materials shall govern the construction of this project except as modified by these Special Specifications. 4.0.2 CITY'S RIGHT TO REDUCE OR INCREASE QUANTITIES - Reference is made to Part 3, Section I, Number 38 of the General Specifications which gives the City the right to increase or decrease the total contract price 25% without penalty. 4.0.3 PERMISSION TO CONSTRUCT - The Contractor shall obtain permission from the Engineer or Project Inspector before proceeding with construction of any of the following items: a. Concrete Curb and Gutter b. Trench Repair c. Base Course d. Leveling Course e. Wearing Course f. Concrete Pavement g. Concrete Walk h. Drive Approach Permission will be granted upon confirmation that all necessary labor, equipment and material are on the site, and the area is properly prepared. 4.0.4 LETTERS OF RECOMMENDATION IN LIEU OF PERFORMANCE BOND - In accordance with Section I, Paragraph 17(e), four letters of sincere recommendation may be presented to the City Manager in lieu of a performance bond when this Contract is under the amount of $50,000 and the successful Bidder cannot produce the appropriate performance bond. To use letters of recommendation for this purpose, your intention to do so must be disclosed as part of your bid, so that a decision on acceptability can be made prior to the contract award. 4.0.5 SALVAGE MATERIALS -The Contractor shall become the owner of all salvaged cast iron, brass and lead products, including manhole and catch basin castings, goosenecks, stops, corporations, valve boxes, valves, and hydrants. Determination of the disposal site and disposal of the salvaged material is the responsibility of the Contractor. No payment shall be made for salvage disposal. 4.0.6 LIQUIDATED DAMAGES; TIME OF THE ESSENCE - The parties recognize that time is of the essence of this agreement, and that the City will suffer financial loss and be entitled to damages in the event it is not completed within the time stated above, and further if pmiial performance is not completed within the times provided for partial performance, if a schedule is attached to this agreement or included herein. The pmiies also recognize the delays, expense, and difficulties involved in proving actual losses suffered by the CITY if the work is not completed on time. Accordingly, instead of requiring any such proof the CITY and the CONTRACTOR agree that as liquidated damages for delay, (but not as a penalty) the CONTRACTOR shall pay the CITY Tlu·ee Hundred Dollars ($300.00) for each day that expires after the time specified for substantial completion set forth above, and the same amount for each day that expires after failure to complete pmtial performance if set fo1ih in a schedule adopted in this contract. After substantial completion if the CONTRACTOR shall neglect, refuse, or fail to complete the remaining work within the time specified above for completion and readiness for final payment or any proper extension thereof granted by the CITY, the CONTRACTOR shall pay the CITY Three Hundred Dollars ($ 300.00) for each day that expires after the time above specified for completion and readiness for final payment. Only delays caused by labor disputes, fire, natural catastrophe or acts of God shall excuse the CONTRACTOR from the above payments. When the effects of such interruptions have ceased, in the reasonable opinion of the CITY, the said time limits shall be adjusted only for the period of delay caused thereby, and shall remain in effect as adjusted. 11/19/19 64 City of Muskegon 2020-22 Janitorial Services The foregoing provisions for liquidated damages shall, however, be in addition to and not in substitution for any other rights or remedies which the CITY may have under this agreement or otherwise against the CONTRACTOR by reason of its failure to complete construction within the time and in the manner required by this agreement. 4.0.7 DEFECTIVE MATERlALS AND WORl< - All materials which do not meet the requirements of the specifications at the times they are to be used shall be rejected, unless otherwise authorized as acceptable by the Engineer. Any completed work that may be found to be defective before the final acceptance of the completed work shall be corrected and replaced immediately in conformance with the Specifications. The Contractor shall be responsible for any and all damages that the work may sustain prior to its acceptance, and shall rebuild, repair, restore and make good at his own expense, all injuries and damages to any pottion of the work by the action of the elements or from any cause whatsoever prior to its acceptance. 4.0.8 CORRECTING WORl( - Any unfaithful work or imperfect work or material that may be discovered before the final acceptance of the work shall be corrected and replaced immediately on the order of the Engineer. In case any material is rejected, it shall be immediately removed from the line of work and not again brought thereon. In case the order for removal and replacing as specified above is not promptly complied with after written notice, the Engineer shall be at libetty to remove and replace the same with proper materials, at the expense of the Contractor, and the cost thereof shall be deducted from the amount due him. Any omission to disapprove the work or material at the time of inspection or at the time of any estimate shall not relieve the Contractor of any of his obligations. All work or material of whatever kind which, during the progress of construction and before its final acceptance, may become damaged shall be removed and replaced by the Contractor with good and satisfactory work and material. 4.0.9 RETENTION OF IMPERFECT WORl( - If any portion of the work done or material furnished under this Contract shall prove defective and not in accordance with the Contract Documents, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work unacceptable or impracticable, or will not create conditions which are dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed but he shall make deductions therefor in the payments due the Contractor as may be just and reasonable. 4.0.10 ACCIDENT PREVENTION AND SAFETY - The Contractor shall comply with all Federal, State, and local laws and regulations governing the furnishing and use of all safeguards, safety devices, and protective equipment. He shall also take any other needed actions on his own responsibility or as directed by the Engineer as are reasonably necessary to protect the life and health of employees on the job, the safety of the public, and to protect property during the construction of the project. Recommendation of the current Manual of Accident Prevention in Construction, issued by the Associated General Contractors of America, Inc., shall be used for guidance in specific situations which are not covered by Federal, State, or local laws or regulations. Special provisions in polluted areas. The Contractor shall be responsible for determining whether work in all locations involved in this contract is subject to a governmentally required health and safety plan to protect workers and others from the effects of hazardous materials in proximity of the work, in the ground or water resources involved. In the event such a health and safety plan is required, the Contractor shall familiarize itself completely with the plan and comply with all its requirements. In the event there is no health and safety plan for hazardous materials, but the Contractor reasonably should recognize that a health and safety plan is warranted, it shall be the Contractor's responsibility to notify the city before commencing work to obtain or produce, as city may require, a health and safety plan and implement it. 4.0.11 CONFINED SPACES - The Contractor shall have a Confined Space Policy and shall use all safeguards, safety devices and protective equipment necessary to comply with the current Federal, State and Local laws and requirements for practices and procedures for protection from the hazards of entry into confined spaces. Also, the Contractor shall make available all necessary tools, equipment and/or man power for city personnel entering 11/19/19 65 City of Muskegon 2020-22 Janitorial Services confined spaces to inspect the work performed or being performed by the Contractor. In the event Contractor determines that confined spaces exist in the project, it shall notify in writing, before commencing work, the location and existence of all confined places, providing sufficient documentation for city emergency personnel to respond to any and all situations requiring entry into or dealing with confined spaces. 4.0.12 SUNDAY AND NIGHT WORK - Ordinarily, no Sunday or night work shall be carried on which will require the presence of the Engineer or an inspector, except with the written permission of the Engineer. Sunday and night work is permissible in an emergency to the extent required to meet the emergency, but the Contractor shall notify the Engineer, as far in advance as possible, of his intention to carry on such emergency work and of the time and place of doing it. 4.0.13 BID TABULATION SHEET - The Bid Proposal sheet in these contract documents was created in Microsoft Excel. Any Contractor who would like to use this spreadsheet in preparing a bid may obtain an electronic copy from the Engineering Office by calling the Engineering Department at (231 )-724-6707. 4.0.14 PUBLIC ACT NO. 57 OF 1998, SECTION 2 - A contract between a contractor and a governmental entity for an improvement that exceeds $75,000.00 shall contain all of the following provisions: a. That if a contractor discovers 1 or both of the following physical conditions of the surface or subsurface at the improvement site, before disturbing the physical condition, the contractor shall promptly notify the governmental entity of the physical condition in writing: b. A subsurface or a latent physical condition at the site if differing materially from those indicated in the improvement contract. c. An unknown physical condition at the site is of an unusual nature differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the improvement contract. d. That if the governmental entity receives a notice under subdivision (a), the governmental entity shall promptly investigate the physical condition. e. That if the governmental entity determines that the physical conditions do materially differ and will cause an increase or decrease in costs or additional time needed to perform the contract, the governmental entity's determination shall be made in writing and an equitable adjustment shall be made and the contract modified in writing accordingly. f. That the contractor cannot make a claim for additional costs or time because of a physical condition unless the contractor has complied with the notice requirements of subdivision (a). The governmental entity may extend the time required for notice under subdivision (a). g. That the contractor cannot make a claim for an adjustment under the contract after the contractor has received the final payment under the contract. 11/19/19 66 City of Muskegon 2020-22 Janitorial Services 4.1 CLEANING STAND ARDS The following directions outline the minimum acceptable standards for the activities to be performed. A. Sweeping and damp mopping 1. Dust mopping must be performed with a treated mop, using a wetting solution containing appropriate cleaning agent and a mild disinfectant. After sweeping and damp mopping operation, all floors must be clean and free from strings, bristles and di1t streaks. 2. Leave no dirt in corners, behind radiators, under furniture, behind doors, on stairs or landings. Leave no dht where sweepings were picked up. 3. Leave no dirt, trash or foreign matter under desks, tables and chairs. B. Wet mopping and scrubbing 1. The floors must be properly prepared, thoroughly swept to remove visible dirt and debris, wads of gum, tar and foreign substances from floor surfaces. 2. Wetting solution shall contain an appropriate cleaning agent. 3. At the stated frequencies, floor must be damp mopped and buffed between regular waxing operations. Prepare the floor by sweeping to remove all visible dirt and debris. 4. The floor area will then be damp mopped and machine buffed to a polished appearance with a high-speed buffer. C. Stripping and sealing 1. Completely remove all dht, wads and other foreign substances in returning floor to its original smface. 2. Apply a thin coat of sealer with caution to prevent streaking or bleaching of floor surface. This application in preparation for waxing must be according to the manufacturer's recommendations. The stripper, sealer and wax products must be compatible for this activity and wax must be a minimum of 25% solids. D. Waxing and buffing 1. Apply wax in a thin, even, coat and machine buff with a high-speed buffer immediately after drying. The number of coats applied will depend on the type and condition of the floor. 2. Spray buffing may be used in lieu of step D-1, as long as all steps for sweeping and damp mopping are accomplished first. 3. All waxed surfaces must be maintained to provide safe anti-slip walking conditions. 4. Chairs, wastebaskets and other similar items must not be stacked on desks, tables or windowsills, nor used in place of stepladder. 5. All furniture readily movable by one person and intended to be moved frequently, must be moved during all floor cleaning operations and replaced in original positions upon completion. 6. Baseboards, walls, furniture and equipment must not be splashed, disfigured or damaged during these operations, but rather left in a clean condition. 11/19/19 67 City of Muskegon 2020-22 Janitorial Services E. Rugs and carpeting 1. After vacuuming, leave all rugs clean, free from dust balls, dirt and other debris. Prior to vacuuming, broom all edges not reachable by a vacuum. Leave nap on all carpeting lying in one direction. 2. Perform vacuuming and shampooing with commercial grade equipment only. 3. Remove spots and stains daily. F. Dusting 1. Do not move dusting residue from spot to spot, but remove directly from the areas in which dirt lies by most effective means appropriate; treated dusting cloths or vacuum tools. a) Leave no dust streaks. b) Leave corners, crevices, molding and ledges free of dust and cobwebs. c) Leave no oil spots or smudges on dusted surfaces caused by dusting tools. 2. Horizontal surfaces include, but are not limited to, counter tops, file cabinets, tables, coat racks, etc. Telephones, keyboards, etc. must be lifted and dusted under. Do not disturb work papers. 3. Dusting high and low includes, but is not limited to, partition tops, pictures, chair rungs, etc. 4. Dust window blinds with treated dusting cloth. Use a mild cleaning solution to thoroughly clean blinds. G. Damp wiping 1. This consists of using a clean damp cloth or sponge to remove all dili spots, streaks, from walls, glass and other specified surfaces and then drying to provide a polished appearance. a) The wetting solution must contain an appropriate cleaning agent. b) When damp wiping in toilet areas, use a multi-purpose disinfectant/deodorizer. H. Windows 1. Using a wetted solution containing an appropriate cleaning agent, clean windows using a sponge or soft cloth and/or squeegee tool. 2. When dry, windows should be free and clear of streaks and lint. I. Restrooms 1. Washbowls, toilets and urinals must be cleaned and sanitized with a germicidal solution; cleaning both the inside and outside surfaces. 2. Paper towel and soap dispensers must be refilled when necessary. 3. Empty all trash from the restrooms. 4. Clean floors throughout the restrooms. 5. Dust all other surfaces and furniture in restrooms. J. Miscellaneous 1. All hazardous conditions, such as burned out lights, loose railings, etc. must be reported by janitorial staff to contract supervisor, who must then 2. Outdoor ash/cigarette receptacles are either ashtrays, sand or dry receptacles. Contents of ash receptacles must be disposed of in a safe manner. Clean sand by sifting out and disposing of debris and replacing and/or replenishing sand in receptacles. 11/19/19 68 City of Muskegon 2020-22 Janitorial Services 4.2 GENERAL PROVISIONS A. Materials, treatments, etc. 1. Contractor must supply all cleaners, finishes, etc. for the treatment of the various types of flooring and carpeting. Use only such materials as are recommended and approved by the flooring manufacturer. 2. The City will supply the following expendable items: paper products (i.e. toilet paper, sanitary napkins, and hand towels), hand soap and garbage bags. 3. The Contractor's prime responsibility is to protect owners property at all times and use only such materials and treatments as will enhance the appearance of flooring, etc. 4. The Contractor may be required to submit a complete list by brand names and product numbers of all supplies to be used in fulfilling this contract. Right is reserved by the City to accept or reject these items. An acceptable substitute must be immediately furnished for any rejected items. Contractor shall provide the building supervisor with a copy of the Safety Data Sheet (SDS) of all materials brought into, used and/or stored in the building. B. Mechanical and other equipment 1. The Contractor must furnish all power equipment such as floor machines, vacuum systems and all other equipment. 2. The City will furnish an area, when necessary, for storage of Contractor's equipment and supplies. 3. The Contractor will be held solely responsible for all items stored on the premises. C. Supervision and janitorial personnel 1. Competent supervision is to be furnished by the Contractor and these services must be satisfactory to the City. 2. All janitorial personnel having access to the facility(s) shall meet the approval of the City prior to having said access. All employees shall be of good moral character consisting of honesty and integrity and shall be subject to a full background check prior to approval by the City. The City will provide criminal background checks free of charge. 3. All janitorial personnel shall wear, in plain sight, identification while in the facility(s). The identification shall be furnished by the contractor and shall consist of a recent photo, the employee's name and the company name. 4. Keys to the building will be furnished by the City as necessary. Any such key must not be duplicated or taken from the building. D. Billing 1. Contractor is to submit billing at the close of each calendar month to the building supervisor. E. Start-up equipment 1. Within 60 days from the start of the resulting contract, the Contractor is required to prepare all floors in conformance with the semi-annual specifications. F. Hours of work 1. See the Responsibilities and Schedules pages, section A. 11/19/19 69 City of Muskegon 2020-22 Janitorial Services G. Inspection and correction deficiencies 1. A monthly inspection of the City Hall and the Public Service Building sites will be required. A supervisor from the contracting company and a building supervisor will need to conduct the inspection together. These meetings will be conducted between the hours of 7:00am and 3:00pm; on a day that is mutually agreed upon. 2. Any deficiencies found during the inspection must be corrected as follows: a) Within 24 hours for any daily, weekly, or monthly activity. b) Within 48 hours for any quarterly or semi-annual activity. 3. Should the vendor fail to correct his deficiency within the time stated, a complaint to vendor will be filed by the City. 4. When cleaning deficiencies are not corrected after one notification, the City shall reserve the right to hire other persons or firms to correct such deficiencies and shall deduct the costs thereof from contract payments. 5. Repeated failure to correct deficiencies may result in cancellation of contract by the City. H. Special provisions 1. Pricing: All costs for supplying required insurances, employee fringe benefits, social security and governmental business taxes must be incorporated into bid price quoted for this service. Such costs may not be billed separately. 2. References: In the event of an award, the successful bidder may be required to furnish references from recognized companies for who they are now rendering comparable services. This condition may be waived if bidder is currently holding City contract for equal services. I. Summary 1. The program described above and in the specifications accompanying bids designed to cover operations more in the category of housekeeping than that of specific and detailed janitorial service. It must be understood that all tasks in the housekeeping line will be performed, whether included in the detailed specifications or not. 11/19/19 70 City of Muskegon 2020-22 Janitorial Services 4.3 RESPONSIBILITIES AND SCHEDULES This contract is to cover janitorial services for the Department of Public Works building at 13 50 E. Keating Ave., Muskegon, MI and the City Hall building at 933 Terrace St, Muskegon, MI. A site visitation is recommended to all bidders before submission of bids to familiarize themselves with the general conditions and layout of the premises as well as any special conditions which may be unique to this location. Please contact the Engineering Depmtment for more information regarding buildings: 231-724-6707. A. Schedule of access to buildings and security instructions Department of Public Works 1. The building will be cleaned each workday evening, (Monday-Friday) beginning no later than 4:30 pm, but no earlier than 4:00 pm. 2. Cleaning will be carried out at times so that governmental functions are not interrupted. 3. At the completion of the days cleaning, the Contractor will be responsible for securing the building and to activate the alarm in the front office area. City Hall 1. The hours of daily cleaning will be approximately 5 :00pm until 10 :00pm. Weekend cleaning will be done at 9:30am on Saturday and Sunday. 2. Cleaning will be carried out at times so that governmental functions are not interrupted. 3. It is the responsibility of the Contractor to lock all City Hall exit doors at 5:00pm; expect for evenings when meetings are being held past 5 :00pm, the Contractor will be notified in advance of such meetings. 4. The Contractor will take the responsibility for night security and will insure all outside doors remain locked while they are in the building. The only exception is for night meetings, where the doors will be unlocked prior to and during the meeting times. B. Supplies 1. The Contractor will supply all chemicals normally incidental to the terms of this proposal. These chemicals are to include, but not limited to the following: a. Floor finishes and sealers b. Cleaning fluids c. Deodorizers and disinfectants d. Stainless steel polish e. Window cleaning fluids 2. The Contractor will not supply the following expendable items; the City will provide these items: a. Paper products; i.e. toilet tissues, sanitary napkins, and hand towels b. Linen hand towels c. Hand soap d. Garbage bags 3. The Contractor will provide all equipment and machinery necessary to perform all work described herein. 4. The City will provide sufficient room for the storage of the Contractor's supplies and equipment. 11/19/19 71 City of Muskegon 2020-22 Janitorial Services C. Frequency and scheduling of cleaning Service to be provided five (5) days a week, Monday-Friday, at Public Service Building and City Hall. Below are a list of tasks that shall be completed on a daily, weekly, monthly, semi-annual, annual basis. Daily tasks 1. Dust mop and wet mop all tile floors 2. Vacuum and spot clean carpet 3. Empty all waste receptacles, including outdoor receptacles, and replace liners as needed; disposing of waste in proper container provided by the City 4. Empty recycling bins into cart 5. Sift ashtray outside entrances and pick up cigarette butts and litter in the immediate vicinity of the entrances 6. Clean and disinfect all lunchroom tables 7. Clean and disinfect entrance door glass, door handles and push plates 8. Dust all accessible furniture, file cabinets, shelves, bookcase, etc. 9. Clean and disinfect drinking fountains 10. Clean blackboards/whiteboards, unless otherwise noted 11. Clean and polish elevator metal 12. Remove hand marks from doors, kick plates and switches 13. Restrooms and locker rooms: a. Dust mop and wet mop b. Clean and disinfect toilets, urinals, sinks, fixtures and mirrors c. Refill soap and paper towel dispensers d. Empty waste receptacles 14. Lounge and lunch rooms: a. Dust mop and wet mop b. Empty waste receptacles c. Clean and disinfect tabletops and chairs d. Clean and refill napkin/paper towel dispensers e. Clean sink and counte1tops 15. Police Depaitment (6 days a week) a. Clean restrooms and locker rooms in accordance to the above restroom specs (Three (3) restrooms in basement, two on 1st floor corridor, and one in back hall) b. Clean and disinfect desk areas c. Dust mop, wet mop and vacuum 1st floor corridor d. Empty all waste receptacles and replace liners, as needed e. Clean sink and refill paper towels in the Identification Offices Weekly tasks 1. Clean and disinfect main countertops and vertical fronts in offices 2. Vacuum upholstered furniture 3. Damp wipe plastic furniture 4. Damp wipe both sides of all doors 5. Remove spots and stains from furniture, as needed 6. All tile floors to be sprayed and buffed 7. Clean and disinfect desks (only desk areas that are cleared of papers) 8. Clean and disinfect telephones 9. Dust windowsills, file cabinets, counters and woodwork 10. Remove dust and cobwebs from ceiling 11. Fill floor drain traps 12. Restrooms and locker rooms: a. Clean and disinfect shower room walls and floors b. Dust and clean furniture c. Wash and disinfect paititions 11/19/19 72 City of Muskegon 2020-22 Janitorial Services Monthly tasks 1. Scrub and refinish tile floors 2. Clean all interior windows/glass, including removal of tape residue 3. Dust window blinds 4. Clean ceiling diffusers 5. Restrooms and locker rooms: a. Dust tops of lockers b. Clean ceiling exhaust grills 6. Lounge and lunch rooms: a. Clean and defrost refrigerator d. Clean cabinets and stoves e. Clean ceiling exhaust grills 7. Sweep garage at City Hall; more as needed with leaves in fall Semi-Annually (April & October) tasks 1. Strip all hard surface floors and refinish* 2. Clean all carpets, all carpets must be dry by next work day (May be called to clean high traffic areas additional times, as needed)* 3. Wash all hallway walls 4. Clean all exterior windows/glass 5. Clean ceiling light fixtures 6. Thoroughly clean fronts of desks, cabinets and other equipment 7. Clean base trim *A schedule shall be provided to the building supervisors in advance so that staff can move any items that may hinder the contractors work. Annually (January) tasks 1. Thoroughly clean window blinds 2. Clean vaults in Assessor, Clerk and Finance Departments D. Other important requirements 1. The steam cleaning of carpets will be done on weekends, nights or holidays. 2. The Contractor will be responsible for moving office furniture prior to cleaning and replacing when carpet is dry. 3. Clean the Commission room early in consideration of evening meetings. 4. Notify Maintenance Department of any observed maintenance needs. 5. All personnel working on City premises are required to obtain clearance (Criminal Background Check) through the Muskegon Police Department. Personnel shall include contractor, employees and all sub- contractors. The contractor shall be required to provide a copy of their employees working on city premises clearances to the Director of Public Works. 6. All workers will wear a picture ID badge furnished by the vendor. 7. A listing of all equipment and chemicals to be used must be included with the bid. A Safety Data Sheet of materials and chemicals on site will be supplied to the City. 11/19/19 73 City of Muskegon 2020-22 Janitorial Services City Hall Basement Dim.1 Dim.2 Dim.3 Dim.4 Total Room# Room Function Carpet or Tile !Ft In BY Ft In iFt In BY Ft In Ft In BY Ft In Ft In BY Ft In Sq Ft 1 P.D. Computer Room Tile 23 8 X 12 o: 28 8 X 29 8 X X 1134.44 2 P.D. Command Center Carpet 20 4 X 12 Qi X X X 244.00 3 P.D. Evidence Concrete 35 8 X 27 91 X X X 989.75 4 P.D. Evidence Tile 8 0 X 15 9;l X X X 126.00 5 P.D. Evidence Concrete 7 8 X 11 4' 3 8 X 9 4 X X 121.11 6 P.D. Radio Room Tile 19 8 X 11 4! X X X 222.89 .· 7 Storage Concrete 8 X 12 71 4 8 X 4 0 X X 568.14 8 Firing Range Entrance Tile 14 0 X 9 4j X X X 130.67 9 Armory Tile 17 6 X 9 4 X X X 163.33 l 10 Parking Garage Concrete 78 6 X 45 4! 60 0 X 33 4. X X 5558.67 11 Engineer Test Room Concrete 19 0 X 17 4; X X X 329.33 12 Locker Room Tile 94 8 X 12 0 X X X 1136.00 13 Firing Range Concrete 19 0 X 16 8; X X X 316.67 14 P.D. Women's Locker Room Tile 8 4 X 5 o' X X X 41.67 15 P.D. Men's Locker Room Tile 8 4 X 5 0i 24 5 X 21 4.17 0 X 10 8'l X 743.89 16 Unisex Restroom Tile 8 4 X 5 o: X I X 1 X 41.67 17 Engineering Storage Tile 17 0 X 10 8; X f X X 181.33 18 Men's Restroom Tile 11 8 X 21 41 X X X 248.89 19 Janitorial Closet Concrete 8 0 X 5 4i X X X 42.67 20 Women's Restroom Tile 14 1 X 21 4' X X X 300.44 21 Clerk's Storage Concrete 7 8 X 1210\ X X X 98.39 22 Boiler Room Concrete 37 6 X 22 6j13 8 X 9 0 X X 966;75 23 Storage Concrete 12 0 x 15 o: X X X 180.00 24 Storage Concrete 8 X 15 Q; X X X 205.00 25 Exercise room Carpet 13 0 X 32 8! X X X 424.67 26 Maintenance Office Concrete 26 3 .. X 32 8j X X X 857.50 27 Cafeteria Tile 24 11 X 32 81 X X X 813,94 28 Office Carpet 12 0 X 17 8; X X X 212.00 29 Storage Concrete [13 8 X 17 . 8'I X X X 241.44 30 Air Handlers Concrete 110 0 X 13 4' 26 2 X 36 2 X X 1079.69 31 IT Offices Concrete [25 8 X 8 6i 10 0 X 8 6 X X 303.17 l 32 IT Storage Concrete 24 4 X 24 6' X X X 596.17 33 IT Offices Concrete 15 0 X 8 6' X X X 127.50 34 IT Storage Concrete 15 0 X 17 0 l X X X 255.00 35 IT Offices Elevated Floor 10 0 X 17 0 X X X 170.00 36 Transformer Room Concrete 124 4 X 11 QI X X X 267.67 37 Phone Comm. Room Concrete l1s 0 X 15 o! X X X 225.00 38 Computer Room Elevated Floor 110 0 X 15 0, X X X 150.Q0 l Corridor Tile ! 8 0 X 44 o'l 8 0 X 10 0 8 0 X 16 8 0 X 16 0 688.00 l i l I 20503.44 l 11/19/19 74 City of Muskegon 2020-22 Janitorial Services City Hall 1st Floor i I I I I } Dim.1 \ Dim.2 Dlm.3 Dim.4 Total I Room# Room Function Carpet or Tile !Ft In BY Ft In j Ft In BY Ft In Ft In BY Ft In Ft In BY Ft In Sq Ft 1 Neighborhood Policing Unit Carpet 112 8 X 12 ol X X X 152.00 2 Neighborhood Policing Unit Carpet 127 4 X 16 olI X X X 437.33 3 Records Carpet 12 0 X 16 O! X X X 192.00 4 Records Carpet 16 0 X 16 o! X X X 256.00 5 Internal Affairs Office Tile 20 0 X 16 0i X X X 320.00 6 P.O. Conference Room Carpet 20 0 X 12 ol X X X 240.00 7 Records Carpet 0 oiI X 46 X X X 1288.00 8 File Room Tile 10 0 41I X 12 X X X 123.33 9 Interview Room Tile 10 0 oiX 9 X X X 90.00 10 Traffic & Training Bureau Carpet 14 8 ol .X 26 X X X 381.33 I 11 J.R. Accounting Carpet [22 6 X 4! 20 X X X 457.50 12 J.R. Accounting Carpet 22 6 4!X 32 X X X 72.7.50 13 Detectives Office Carpet 53 8 4JX 32 X X X 1735:22 14 Detectives Office Carpet 12 0 0!X 12 X X X 144.00 15 Traffic Conference Room Carpet 16 3 ol! X 12 X X X 195.00 16 Parking Enforcement Office Carpet 21 X 10 o! 4 X X X 213.33 17 Clerk's Back Room Tile (15 X 16 2I 0 X X X 242.50 18 Clerk's Office Carpet/Tile f48 X 32 4i 0 X X X 1552.00 1 19 Clerk's Office Carpet l1s X 16 21 0 X X X 242.50 20 J.R. Accounting Secretary Carpet 122 X 12 oj 6 X X X 270.00 21 Detectives Office Carpet !16 X 14 ol 3 X X X 227.50 22 P.D Women's Restroom Tile 111 X 5 41 4 X X X 60.44 23 P.O. Men's Restroom Tile ~11 X 5 41 4 X X X 60.44 24 Voting Machine Storage Tile r1s X 16 2!I 0 X X X 242.50 25 Treasurer & Water Billing Office 26 Conference Room 27 Commission Chambers 28 Women's Restroom 29 Men's Restroom Carpet Carpet Carpet Tile Tile j65 [12 !37 9 X 32 4112 0 X 12 o! 0 X 32 4!' 4 X 11 3 i 9 0 X 11 31' ' sl 0 X 12 X X X X r 0 X 18 0 X X X X .... X X X X X 2749.67 144.00 1207;11 107.92 105;00 30 Public Safety File Room Tile 116 0 X 11 I s! X X X 186.67 31 Water Billing Office Carpet f12 0 X 16 o: X X X 192.00 32 Chamber Conference Room Carpet t13 4 X 20 0i' X X X 266.67 33 Public Safety Office Carpet (33 4 X 20 o 1 12 0 X 11 8 X X 806.67 i 34 Chief Office Carpet 112 8 X 12 ol X X X 152.00 35 Conference Room Carpet 120 8 X 11 oil X X X 227.33 36 Finance Office Carpet 20 8 X 11 0 1 16 8 X 26 0 X X 690.67 37 Income Tax Office Carpet 16 0 X 12 ol X X X 192.00 38 Income Tax Office Tile 11 4 X 11 1oj X X X 202.11 39 Employee Relations Office Carpet 10 0 X 8 s! X X X 86.67 40 Finance File Room Tile 11 4 X 11101 X X X 202.11 41 Finance Director Office Carpet 16 0 X 12 o) X X X 192.00 Corridor Tile 8 0 X 76 0i 8 0 X 28 0 X X 832.00 I 18363.03 ! •. 1 I 11/19/19 75 City of Muskegon 2020-22 Janitorial Services City Hall 2nd Floor l I f !' Dlm.1 l Dim.2 l l Dim.3 Dim.4 I I Total Room# Room Function I Carpet or Tile jFt In BY I Ft In Ft In BY Ft In IFt In BY Ft In Ft In BY Ft In Sq Ft 1 Mayor/City Attorney Carpet !12 0 X 16 o! X ! X X 192.00 i 2 File Room Carpet I 8 0 X 12 o; X I X X 96.00 3 Strategic Dev. Office Carpet 112 0 X 12 ol X I X X 144.00 4 City Manager Carpet 116 0 X 16 0 X i X X 256.00 1 ' 1 5 Comm. Neighborhood Services Office Carpet ;12 0 X 12 0 24 0 X 20 0 24 0 X.36 o. 52 0 X 16 2320.00 6 Comm. Neighborhood Services Office Carpet 112 0 X 16 0 X I ! X X 192.00 7 Economic Development Office Carpet t12 0 X 12 o! X I tX X 144.00 8 City Manager Secretary Office Carpet 24 X 12 0 0:12 0 X 8 0'24 0 X 12 X 672.00 9 City Manager Restroom Tile 8 0 X 8 0 X lI X X 64.00 10 City Manager Conference Room Carpet 12 0 X 12 ol X X X 144.00 11 Engineering File Room Tile 0 X 24 o: X X X 288.00 12 Engineering Blue Print Room Tile 12 0 X 8 o· X t X X 96.00 13 Vacant Carpet 12 X 16 0 0 X X X 192.00 14 Vacant Carpet 8 0 X 16 o·J X X X 128.00 15 Vacant Carpet 28 0 X 16 o' X X X 448.00 16 Vacant Carpet [16 0 X 12 o' X X X 192.00 17 Vacant Tile ; 8 0 X 12 o! X X X 96.00 18 File Room Tile [ 8 X 12 0, 0 X X X 96.00 19 Conference Room Carpet 116 0 X 20 Oj X X X 320.00 20 File Room Tile l20 0 X 16 o' X X X 320.00 o: 21 Safebuilt Office Carpet !12 0 X 16 X X X 192.00 22 Vacant Carpet [36 0 X 20 ol12 0 X 4 0 X X 768.00 23 Handicap Restroom Tile 18 0 X 8 ol X X X 64.00 24 Planning Department Office Carpet 124 0 X 4 ol 28 0 X 28 X X 880.00 25 Elevator/Stairway Platform Carpet [12 0 X 8 01 X X X 96.00 26 Safebuilt Office Carpet 136 0 X 12 01 48 0 X 28 36 0 X 28 OJ X 2784.00 27 Men's Restroom Tile [16 0 X 8 0 X X X 128.00 28 Women's Restroom Tile !16 0 X 8 o1 X X X ' 128.00 o: l ··. 29 Municipality Director Office Carpet !12 0 X 16 X X X 192,00 30 Planning Office Carpet [16 0 X 12 o; X X X 192.00 31 Planning Conference Room Carpet !12 0 X 12 o:! X X X 144.00 32 Planning Office Carpet [12 0 X 12 o: X X X 144.00 Corridor Carpet [ 8 0 X 56 0, 8 0 X 28 X X 672.00 ' t 12784.00 l '' i j 11/19/19 76 City of Muskegon 2020-22 Janitorial Services Public-- Services Building -----,--- ~ ·-·- ·--·- Dim.1 I Dim.2 Dim.3 Dim.4 Total Room# Room Function Carpet or Tile Ft In BY Ft In jFt In BY Ft In Ft In BY Ft In Ft In BY Ft In Sqft 1 Parks - Carpenter Shop Concrete 33 4 X 43 4i! X X X 1444.44 2 Parks - Staging Area Concrete 34 0 X 43 4i 68 0 X 33 4 X X 3740.00 I 3 Parks - Equipment Concrete 23 4 X 38 o: X X X 886.67 4 Police Equipment Concrete 38 10 X 42 o! X X X 1631.00 5 Weight Room Tile 23 4 X 26 41! X X X 614.44 6 Police Equipment Concrete 38 10 X 52 ,:i, X X I X 2032.28 7 Lunch Rm Tile 49 0 X 27 81 8 8 X 15 4 X 'i X 1488.56 I 8 Men's Locker Rm Tile 20 8 X 23 41 23 8 X 5 8 23 0 X 8 10' 13 4 X 6 8 908.39 I 9 Restroom Tile 9 0 X 6 81 X X X 60.00 10 Water/Sewer Shop Concrete 58 2 X 34 4i 18 8 X 19 0 x X 2351.72 11 Furnace Room Concrete I 8 8 X 7 4J i X X X 63.56 12 Highway Tile Il 31 4 X 23 2i X X X 725.89 13 Water/Sewer Foreman Tile I 20 0 X 10 ol X X X 200.00 14 Entryway Tile 13 2 X 14 oi! X X X 184.33 15 Office Tile 8 8 X 11 4! X X X 98.22 16 Office Tile 8 8 X 11 4! X X X 98.22 17 Office Tile 8 8 X 11 4i! X X X 98.22 18 Mini-Conference Carpet 8 8 X 11 4j X X X 98.22 19 Water/Sewer Shop Concrete 25 2 X 13 ol 38 10 X 23 8 X X 1246.22 20 Office Carpet 11 0 X 12 4! X X X 135.67 ·.,' 21 Office Carpet 11 0 X 12 4! X X X 135.67 22 Cubical Offices Carpet 32 8 X 35 4:I 12 0 X 6 8 X X .1234.22 23 Engineering Office Carpet 22 X 20 3! X X X 454.67 : 24 Conference Room Tile 23 X 15 .. OJ 1 X X X 345;00 25 Women's Lockeroom Concrete 25 6 X 15 O! X X X - _382.50 1 26 Office Carpet 1:1. 0 X 12 4! X X X 135.67 27 Supply Rm Concrete 20 8 X 5 4l 10 8 X 5 0 X X 163,56 I l 29 Traffic Shop Area Concrete 40 0 X 26 3: 25 0 X 11 4 X X 1350.00 28 Office Tile 8 .6 X 13 4j X X 113.33 I 30 Mechanical Rm Concrete li 8 X 9 Oi • J X X X 105;00 31 IT Room Concrete 6 0 X 9 Oi X X X 54.00 32 Men's Restroom 33 Women's Restroom Tile Tile :12 9 0 X 0 X 9 9 oiI 0 15 4 X X 8 X 0 9 4 X 3 6! I X X 108.00 236.33 35 Warehouse Concrete 68 7 X 81 7: 63 4 X 62 4 X X 9543,03 I 36 Traffic Department Concrete 36 10 X 18 .0·1 X X X 663.00 37 Traffic Equipment Concrete ! 18 4 X 11 4i X X X 207.78 34 Office Tile 1 8 6 X 13 41 X X X 113.33 38 Equipment Storage Concrete f 29 4 X 22 sj X X X 664.89 39 Equipment Concrete l 51 3 X 22 3! 66 7 X 29 8 80 1X72 4 X 8929,67 40 Equipment Offices Tile I 14 8 X .29 3j X X X 435.11 41 Equipment Concrete t16:1 7 X 142 sl 242 4 X 124 4 X X 53182.67 'I 96663.48 l -·, .. I ·. 11/19/19 77 City of Muskegon 2020-22 Janitorial Services 4.4 FLOORPLANS & DIMENSIONS 1 'I' City Hall Building □ Basement 3 1 13 15 D □ 10 ····•··--· -··•··· g··· ~ 25 26 27 ~ ~ 30 t 37 38 36 Room Numbers 11/19/19 78 City of Muskegon 2020-22 Janitorial Services _, ~. " 4.4 FLOORPLANS & DIMENSIONS City Hall Building rr ~ n S ,½ l Ii LL Ja,S7a~hlg:~I 2 ,' ' 6 ·-·- l ' r.' er. ,,: '. ,: . ' ~~!! ~,: .J!J_ =-. ~ -~ ~~ lU pt Floor ~L~C 1 & , ~ j~ ~I /- -~ ~: f-7T~ ' I " 13 "., "._j.,;,:i: [: =-~ 11~.~-" .~ ... I I 24 '.' "" R 1nitr~ ' 0 •-•·._; l. ·• ·•. . -~ --:it- E= . . ~~~=-/4 ~~r --i:i ~-~. J~ ' " . ~ ~rl·:::1 ' .[l 33 . .~~·i 1· . . . § ~Ii . . ••'SEE~J~ ~ .LJ~- l]f O O t~1. rn l . . I-~-~ fV:- IT" 1liL• lY ~~~ ,1 - ·::bl Room Numbers 79 11119119 City of Muskegon 2020-22 Janitorial Seruices 4.4 FLOORPLANS & DIMENSIONS City Hall Building 2nd Floor 5 'IC I( fl'.. '. -0~~J ~ · -, • ~·--. -,;:·n· 21 :cr Q 20 , U:: ', i u-: ''a iC '-r= ,,; ,,.J~- zs 26 [~ I~~ ,;·,' . ;I: ~I a a: L -~~I [f( i( "\1 I \r ,j_-s..-- F ,c...hF· _P, r Hn:: Room Numbers 11/19/19 80 City of Muskegon 2020-22 Janitorial Services 4.4 FLOORPLANS & DIMENSIONS Public Service Building I Sr 10 l'i 12 .-. ~ "" ~ -, r:-, 22 !t"]'"1 " I I I 24 25 ~ 29 36 -,_ 38 35 37 41 39 Room Numbers 11/19/19 81 City of Muskegon 2020-22 Janitorial Services PART 7 APPENDICIES 11/19/19 82 PRE-BID DOCUMENTS December 9, 2019 This section includes meeting minutes and additional details from the December 3, 2019 Pre-Bid Meeting, as well as answers to any questions that were asked during the meeting and tour. After receiving feedback during this meeting, we have amended sections 4.2, 4.3 and 4.4; the revised versions of these sections can be found in this section. Finally, the floorplans in the section more clearly show what rooms need cleaned in each building and where the restrooms, stairwells and elevator are located. CITY OF MUSKEGON Engineering Department ADDENDUM NO. I JANITORIAL SERVICES CONTRACT FOR 2020-23 Pre-Bid Meeting December 3, 2019@3:00pm Public Services Building, Large Conference Room ATTENDANCE COMPANY EMAIL PHONE NO. Leo Evans City of Muskegon leo.evans!@shorelinecitv.com 231-724-6707 Christy Cashin City of Muskegon christv.cashinlmshorelinecitv.com 231-724-6707 Joel Brookens City of Muskegon ioel .brookenslmshorel inecitv.com 231-724-6707 Terry Spyke City of Muskegon terrv.sovke(tv,shorelinecitv.com 231-724-6707 Aaron Panek Professional Building Services aaronoanek.obs!@g-mail.com 989-297-2938 John Zervas Z ' s Green Clean iohn!@zsgreenclean.com 616-796-5482 Kathy Harris Goodwill Ind. kharris!@g-oodwillwm.org 231-578-7978 Mitchel Zaverl Z's Green Clean mitch!@zsgreenclean.com 616-268-0814 Alan Lucas Blu Cleaning alucas(tv,bluoersoective.com 616-438-8199 Luis Clave! Blu Cleaning 616-655-6026 Greg Brouwer West Michigan Janitorial gbrouwer(tv,wmianitorial .com 616-558-9552 Dan Waswick Customized Cleaning Services daniel .waswick(tv,customizedcleaningservices.com 616-240-4740 Mike McIntyre Grand Rapids Building mmcintyre@grbsinc.com 269-217-8001 Services Pete Murdoch Reliant Prof-Cleaning Reliantinc21 (tv,aol.com 616-846-5296 Richard Hall Reliant Prof-Cleaning Reliantinc21 (tv,aol.com 616-846-5296 Jesse Dick United Commercial Services Jesse.dicklnlunitedcommercialservices.com 616-309-7354 OVERVIEW: The contract consists of the total cleaning of City Hall, Police Department, and the offices at the Public Service Building (Department of Public Works). This contract will include the cleaning and maintenance of the carpets. The contract is for three (3) years starting March 1, 2020, ending February 28, 2023 with the options of extending it a 4 th year. Inspections of the cleaning will be done on a regular basis. CONTRACT REQUIREMENTS: 1. If you make a mistake on the Bid Documents, please "Cross" out your mistake, enter the correct information and initial/date the area in question. 2. NO late bids will be accepted. 3. Bids will be accepted by our City Clerk's office (1 st Floor, City Hall) until 2:00 pm on Tuesday, December 17, 2019. You do not have to be present for the opening of the bids. 4. It is suggested that each bidder refer to the "Bidder's Checklist" to ensure that all required information is included with their bid. 5. You may submit Bids with a total under each section for all three (3) years. If not, the City will calculate the breakdown 6. A PERFORMANCE BOND IS NOT NECESSARY FOR THIS CONTRACT, however submission of the 5% Bid Bond is required at the time you submit your bid. Bid Bonds can be issued in one of the acceptable forms; which are by: Cashier's Check, or by completing the Bid Bond in Section 1.6, or on a Bid or Proposal (Surety) Bond issued by your Insurance Carrier. 7. The "Local Preference" Policy- If a local contractors bid is within a range of 1% or less than the lowest submitted bid, the award preference may be given to the local contractor; within the city's corporate limits. 8. Bid Bonds from the unsuccessful bidders are to be released upon award of contract and upon execution of the contract for the successful bidder. 9. City Income Tax Law- The successful bidder must adhere to the City Income Tax guidelines, 1% for employees working and residing within the city limits and .5% for all others. The successful bidder must register with the Income Tax Department located on the first floor of city hall. 10. This is NOT a Prevailing Wage Contract. 11. The successful Bid will be recommended to the City Commission on or about January 7th , 2020. 12. A Notice of Award will be issued to the successful low bidder on/or about January 15 th , 2020. 13. Upon receiving, your "Notice of Award" the contractor will have 10 days (10 days includes weekends) from the date of the notification to execute their portion (Insurance and Bond Requirements) of the contract and return all contracts to the City of Muskegon Engineering Department for finalizing. 14. Contractor shall contact the Engineering Department at 231-724-6707 with any questions/concerns during the life of the contract. 15. Optional fourth (4t11) Year- Contractors have the option of including their bid price to provide four (4) years of service. 16. The bidding price submitted should show cost per square foot and total cost. 17. The Filtration Plant is currently not part of this contract. CONTRACTOR INQUIRIES 1. The current company proving janitorial services to the City of Muskegon is Reliant Cleaning. • Monthly Charge for City Hall Janitorial Services= $2940.00 • Monthly Charges for Public Service Building Janitorial Services =$1013.00 2. A list of maintenance items that the city provides can be found in the contract under the Specifications section. 3. Fingerprinting is required to work in the Muskegon Police Department area of City Hall. Fingerprinting must be done at Muskegon County Clerk's Office (990 Terrace St, Muskegon, MI 49442). The cost to fingerprint is $25/person and will not be covered by the City of Muskegon. 4. A background check is required to work at both City buildings. The City will not cover the cost of a background check, but the Muskegon Police Depaiiment will determine if contractor appointed background checks are satisfactory. 5. Supervision- A supervisor must make regular site visits to each building to ensure that all contract requirements are being met according to outlined specifications. MISCELLANEOUS INFORMATION 1. The total cleanable square footage at City Hall a. Basement: 12768 sq. ft. b. 1st floor: 17379 sq. ft. c. 2nd floor: 11968 sq. ft. 2. Total cleanable square footage at Public Service Building a. 11738 sq. ft. 3. Total square footage ofVCT flooring (flooring that will need buffed, stripped, wax per schedule a. Public Service Building: 5847 sq. ft. b. City Hall: 8870 sq. ft. 4. Low Bidder Qualification-The City will also look into the longevity of the business, references, and quality of work from current/past customers, etc. 5. There are approximately 225 employees in City Hall/Police Department and approximately 80 employees at the Public Service Building 6. Sub-Contracting- Before sub-contracting any part of this contract, the company in question must be approved by the city following all sub-contracting guidelines. 7. Janitorial Staff will be provided with a monthly "Calendar" that outlines dates/time on all meetings being held in City Hall (Commission Meeting, etc.) Janitorial duties should not interfere with these functions. 8. Janitorial Staff will be responsible for locking doors at 5:00 pm Mon-Fri (Excluding days where meeting are being held after regular business hours) • The door entrance on Terrace St. (across from Burger King) shall be locked at 5:00 pm Monday-Friday (regardless of meeting) • The door in the basement shall also be locked at 5:00 pm, Monday-Friday. QUESTIONS/ANSWERS RECEIVED AT PRE-BID MEETING Q: Who is the point of contact at each facility? A: Call the Engineering Depmtment with all questions/concerns about both facilities: 231-724-6707. Q: What is the cost of fingerprinting to work in the police department and does the City of Muskegon cover the cost? A: Fingerprinting is required to work at City Hall building only. Fingerprinting must be done at Muskegon County Clerk's Office (990 Terrace St, Muskegon, MI 49442). The cost to fingerprint is $25/person and will not be covered by the City of Muskegon. A background check is also required to work at both City buildings. The City will not cover the cost of a background check, but the Muskegon Police Department will determine if contractor appointed background checks are satisfactory. Q: How much cleaning equipment can or needs to be stored at each facility? A: There is no requirement to how much equipment you store at each facility. There is a storage room at each facility specifically for janitorial needs. These storage rooms are marked with an asterisk(*) on the attached floorplans. Q: Who is responsible for moving the furniture when the janitorial services schedules a cleaning and/or stripping the floors? A: The janitorial service must give the facility a week's notice of the cleaning/stripping date so the facility staff can move their furniture. Q: Do the parking lot and stairways at City Hall need cleaned? A: Yes, the parking lot will need swept once a month and trash emptied weekly. The stairwell by the elevator needs vacuumed, moped and handrails disinfected daily. All other stairwells need vacuumed, moped and handrails disinfected weekly. Q: How many stairwells are at City Hall & the Public Services Building? A: There are four (4) stairwells at City Hall and none at the Public Service Building. Q: How many restrooms are at City Hall & the Public Services Building? A: There are fourteen (14) restrooms at City Hall and five (5) restrooms at the Public Service Building. Q: Do the elevators at City Hall need cleaned? A: Yes, the elevator needs vacuumed and interior surfaces and exterior buttons need disinfected daily. Q: In regards to the 5% surety bond, is 5% of the total cost of a tlu·ee-year contract due or 5% of one year? A: The 5% surety bond must be based off the total cost of the three-year contract. Surety bonds can be submitted in the form of a check or by completing the Bid Bond form in Section 1.6 of the contract. Q: Will the, currently, unused rooms at City Hall be included as part of the bid for City Hall? A: Yes, because we hope to have those unused rooms up and running within the course of this three-year contract. Q: Do the hallways at City Hall get waxed? A: They will need buffed on a monthly schedule and stripped and waxed annually (only needs done twice within this contract). There is a new non-stick surface in two of the entryways that will only need vacuumed and mopped, not waxed. Q: What were the bid tabulations for the 2014-17 janitorial contract? A: See attached spreadsheet. 4.2 GENERAL PROVISIONS A. Materials, treatments, etc. 1. Contractor must supply all cleaners, finishes, etc. for the treatment of the various types of flooring and carpeting. Use only such materials as are recommended and approved by the flooring manufacturer. 2. The City will supply the following expendable items: paper products (i.e. toilet paper, sanitary napkins, and hand towels), hand soap and garbage bags. 3. The Contractor's prime responsibility is to protect owners property at all times and use only such materials and treatments as will enhance the appearance of flooring, etc. 4. The Contractor may be required to submit a complete list by brand names and product numbers of all supplies to be used in fulfilling this contract. Right is reserved by the City to accept or reject these items. An acceptable substitute must be immediately furnished for any rejected items. Contractor shall provide the building supervisor with a copy of the Safety Data Sheet (SDS) of all materials brought into, used and/or stored in the building. B. Mechanical and other equipment 1. The Contractor must furnish all power equipment such as floor machines, vacuum systems and all other equipment. 2. The City will furnish an area, when necessary, for storage of Contractor's equipment and supplies. 3. The Contractor will be held solely responsible for all items stored on the premises. C. Supervision and janitorial personnel 1. Competent supervision is to be furnished by the Contractor and these services must be satisfactory to the City. 2. Fingerprinting is required to work at City Hall building only. Fingerprinting must be done at Muskegon County Clerk's Office (990 Terrace St, Muskegon, MI 49442). The cost to fingerprint is $25/person and will not be covered by the City of Muskegon. 3. A background check is required to work at both City buildings. The City will not cover the cost of a background check, but the Muskegon Police Department will determine if contractor appointed background checks are satisfactory. 4. All janitorial personnel shall wear, in plain sight, identification while in the facility(s). The identification shall be furnished by the contractor and shall consist of a recent photo, the employee's name and the company name. 5. Keys to the building will be furnished by the City as necessary. Any such key must not be duplicated or taken from the building. D. Billing 1. Contractor is to submit billing at the close of each calendar month to the building supervisor. E. Start-up equipment 1. Within 60 days from the start of the resulting contract, the Contractor is required to prepare all floors in conformance with the semi-annual specifications. F. Hours of work 1. See the Responsibilities and Schedules pages, section A. G. Inspection and correction deficiencies 1. A monthly inspection of the City Hall and the Public Service Building sites will be required. A supervisor from the contracting company and a building supervisor will need to conduct the inspection together. These meetings will be conducted between the hours of 7:00am and 3:00pm; on a day that is mutually agreed upon. 2. Any deficiencies found during the inspection must be corrected as follows: a) Within 24 hours for any daily, weekly, or monthly activity. b) Within 48 hours for any quarterly or semi-annual activity. 3. Should the vendor fail to correct his deficiency within the time stated, a complaint to vendor will be filed by the City. 4. When cleaning deficiencies are not corrected after one notification, the City shall reserve the right to hire other persons or firms to correct such deficiencies and shall deduct the costs thereof from contract payments. 5. Repeated failure to correct deficiencies may result in cancellation of contract by the City. H. Special provisions 1. Pricing: All costs for supplying required insurances, employee fringe benefits, social security and governmental business taxes must be incorporated into bid price quoted for this service. Such costs may not be billed separately. 2. References: In the event of an award, the successful bidder may be required to furnish references from recognized companies for who they are now rendering comparable services. This condition may be waived if bidder is currently holding City contract for equal services. I. Summary 1. The program described above and in the specifications accompanying bids designed to cover operations more in the category of housekeeping than that of specific and detailed janitorial service. It must be understood that all tasks in the housekeeping line will be performed, whether included in the detailed specifications or not. 4.3 RESPONSIBILITIES AND SCHEDULES This contract is to cover janitorial services for the Department of Public Works building at 1350 E. Keating Ave., Muskegon, MI and the City Hall building at 933 Terrace St, Muskegon, MI. A site visitation is recommended to all bidders before submission of bids to familiarize themselves with the general conditions and layout of the premises as well as any special conditions which may be unique to this location. Please contact the Engineering Department for more information regarding buildings: 231-724-6707. A. Schedule of access to buildings and security instructions Department of Public Works I. The building will be cleaned each workday evening, (Monday-Friday) beginning no later than 4:30 pm, but no earlier than 4:00 pm. 2. Cleaning will be carried out at times so that governmental functions are not interrupted. 3. At the completion of the days cleaning, the Contractor will be responsible for securing the building and to activate the alarm in the front office area. City Hall 1. The hours of daily cleaning will be approximately 5 :00pm until l 0:00pm. 2. Cleaning will be carried out at times so that governmental functions are not interrupted. 3. It is the responsibility of the Contractor to lock all City Hall exit doors at 5:00pm; expect for evenings when meetings are being held past 5:00pm, the Contractor will be notified in advance of such meetings. 4. The Contractor will take the responsibility for night security and will insure all outside doors remain locked while they are in the building. The only exception is for night meetings, where the doors will be unlocked prior to and during the meeting times. B. Supplies 1. The Contractor will supply all chemicals normally incidental to the terms of this proposal. These chemicals are to include, but not limited to the following: a. Floor finishes and sealers b. Cleaning fluids c. Deodorizers and disinfectants d. Stainless steel polish e. Window cleaning fluids 2. The Contractor will not supply the following expendable items; the City will provide these items: a. Paper products; i.e. toilet tissues, sanitary napkins, and hand towels b. Linen hand towels c. Hand soap d. Garbage bags 3. The Contractor will provide all equipment and machinery necessary to perform all work described herein. 4. The City will provide sufficient room for the storage of the Contractor's supplies and equipment. Janitorial storage is marked on the floorplans with an asterisk (*). C. Frequency and scheduling of cleaning Service to be provided five (5) days a week, Monday-Friday, at Public Service Building and City Hall. Below are a list of tasks that shall be completed on a daily, weekly, monthly, semi-annual, annual basis. Daily tasks 1. Dust mop and wet mop all tile floors 2. Vacuum and spot clean carpet 3. Empty all waste receptacles, including outdoor receptacles, and replace liners as needed; disposing of waste in proper container provided by the City 4. Empty recycling bins into cart 5. Sift ashtray outside entrances and pick up cigarette butts and litter in the immediate vicinity of the entrances 6. Clean and disinfect all lunchroom tables 7. Clean and disinfect entrance door glass, door handles and push plates 8. Dust all accessible furniture, file cabinets, shelves, bookcase, etc. 9. Clean and disinfect drinking fountains 10. Clean blackboards/whiteboards, unless otherwise noted 11. Clean and polish elevator metal 12. Remove hand marks from doors, kick plates and switches 13. Vacuum and disinfect interior surfaces and exterior buttons of elevator at City Hall 14. Vacuum, mop and disinfect handrails in the stairwell by the elevator at City Hall 15. Restrooms and locker rooms: a. Dust mop and wet mop b. Clean and disinfect toilets, urinals, sinks, fixtures and mirrors c. Refill soap and paper towel dispensers d. Empty waste receptacles 16. Lounge and lunch rooms: a. Dust mop and wet mop b. Empty waste receptacles c. Clean and disinfect tabletops and chairs d. Clean and refill napkin/paper towel dispensers e. Clean sink and countertops 17. Police Depmtment a. Clean restrooms and locker rooms in accordance to the above restroom specs (Three restrooms in basement, two on 1st floor corridor and one in back hall) b. Clean and disinfect desk areas c. Dust mop, wet mop and vacuum 1st floor corridor d. Empty all waste receptacles and replace liners, as needed e. Clean sink and refill paper towels in the Identification Offices Weekly tasks 1. Clean and disinfect main countertops and vertical fronts in offices 2. Vacuum upholstered furniture 3. Damp wipe plastic furniture 4. Damp wipe both sides of all doors 5. Remove spots and stains from furniture, as needed 6. All tile floors to be sprayed and buffed 7. Clean and disinfect desks (only desk areas that are cleared of papers) 8. Clean and disinfect telephones 9. Dust windowsills, file cabinets, counters and woodwork 10. Remove dust and cobwebs from ceiling 11. Fill floor drain traps 12. Vacuumed, moped and disinfect handrails in all stairwells at City Hall Weekly tasks (cont.) 13. Restrooms and locker rooms: a. Clean and disinfect shower room walls and floors b. Dust and clean furniture c. Wash and disinfect partitions Monthly tasks 1. Buff floors monthly 2. Clean all interior windows/glass, including removal of tape residue 3. Dust window blinds 4. Clean ceiling diffusers 5. Restrooms and locker rooms: a. Dust tops of lockers b. Clean ceiling exhaust grills 6. Lounge and lunch rooms: a. Clean and defrost refrigerator d. Clean cabinets and stoves e. Clean ceiling exhaust grills 7. Sweep garage at City Hall; more as needed with leaves in fall Semi-Annually (April & October) tasks 1. Wash all hallway walls 2. Clean all exterior windows/glass 3. Clean ceiling light fixtures 4. Thoroughly clean fronts of desks, cabinets and other equipment 5. Clean base trim Annually (January) tasks 1. Clean all carpets (only needs done twice within this contract) (Can be done on weekends, nights or holidays. May be called to clean high traffic areas additional times, as needed. All floors must be dry by next workday.) 2. Strip and wax floors (only needs done twice within this contract) (Can be done on weekends, nights or holidays. All floors must be dry by next workday.) 3. Thoroughly clean window blinds 4. Clean vaults in Assessor, Clerk and Finance Departments D. Other important requirements 1. The steam cleaning of carpets will be done on weekends, nights or holidays. 2. The Contractor will be responsible for moving office furniture prior to cleaning and replacing when carpet is dry. 3. Clean the Commission room early in consideration of evening meetings. 4. Notify Maintenance Depaiiment of any observed maintenance needs. 5. All personnel working on City premises are required to obtain clearance (Criminal Background Check) through the Muskegon Police Department. Personnel shall include contractor, employees and all sub- contractors. The contractor shall be required to provide a copy of their employees working on City premises clearances to the Engineering Department at the Public Services Building. 6. All workers will wear a picture ID badge furnished by the vendor. 7. A listing of all equipment and chemicals to be used must be included with the bid. A Safety Data Sheet of materials and chemicals on site will be supplied to the City. City Hall Building Basement 1 Rooms that do not need cleaned Restrooms ■ Stairwells 'i! 15 Elevator ,/' D D 10 i· 17 , ~ _ j , ~&91161 V'--l....V\L __ _ .. i:L __ _ . '.¼=-J 27 Room Numbers City Hall Building ~~~1 r1xu~A ~'Q'ifl 1 ~ ~ ✓ ill W r I ' ;L.,.. t-i ,' 1. ~,( 2 .~ - ?v-+•l. 'I 4 151 Floor cs SLJLG ~ -· ~0~t· Isl , .. , 7 i' . J •J.,,, i Rooms that do not 11 . " 10 ~; ® . need cleaned r dlliLPJa~:-~~i1 r . '- ;. .J - ~ ,. ,g"ffi ~ 1 "11 Restrooms , a~ 0 ■ =. Stairwells " .: ·- ~~, "" .. ~' c ~·n.. ..~lll E 'j ." . ~ . ·1 ' ,=, .••, ~- -J . r Elevator ~ 13 ., ,_ • "." . .. I . ' r ...,I .. , ·-~ ·, . ~ . I<"'--:! -1f1 . !i 26 ~ ',. i _.f 0 r~:-r ~---~ ; 25 1 ' °33 rl 11 ..:-. =~=':-!i7!\ ~ -__ll...!L-U....LL.-1.!...J,_ -·= S::k.seJJ :'--=:51:E. ...JwL.. . HII . ~ ~- ~_j, 35 i C 11 r1r - ,_.!·!~ 37 ·•1J11 · :1 Room Numbers .., 0 b.O I... C C: 0 0 -0 -0 V) ·- ""C 0 .., ro ..c:"' .., Q) Q) C V> E V> I... QJ LL V> E -o u 0 e oi 2: B ..c ::J 0 t; "'> co "'O C: 0 0:: Q) Q) C Q) 0:: 'iii In Q) jjj E N ::J ro ■ z I E ....,> 0 0 u C!: Public Service Bldg 1 I 2 3 I 4 I 5 6 I I I l":'l?I Rooms that d o not need cleaned ■ Restrooms I 7 I I ·~~,~·~~~ 13b 14 15 19 22 r,i· 23 24 I 25 29 30 J11 3i 1 33 i ~:J ~ I 34 36 7- - I 38 35a Ll;J I 39 I 41 40 Room Numbers City Hall Basement f j Rooms NOT i 1 Dlm;1 Dim.2 Dim.3 Dim.4 Total Needing to Room# Room Function Carpet or VCT I [Ft In BY Ft In Ft In BY Ft In !Ft In BY Ft In Ft In BY Ft In Sq Ft be cleaned 1 P.D. Computer Room VCT 23 8 X 12 O' 28 8 X 29 8 X X 1134..44 2 P.D. Command Center Carpet 20 4 X 12 O! X X X 244.00 3 P.D. Evidence Concrete 35 8 X 27 9l X X X 989.75 4 P.D. Evidence VCT 8 0 X 15 9I X X X 126.ooj i 5 P.D. Evidence Concrete 7 8 X 11 41 3 8 X9 4 X X 121.11 6 P. D. Radio Room VCT 19 .. 8 X 11 4! X X X 222.89 i 7 Storage Concrete 43 8 X 12 7ii 4 8 X 4 0 X X 568.14 8 Firing Range Entrance VCT 14 0 X 9 4' X X X 130.67 9 Armory VCT 17 6 X 9 4! X X X 163.33 I 10 Parking Garage Concrete i73 6 X 45 4 1 60 0 X 33 4 X X 5558.67 11 Engineer Test Room Concrete [19 0 X 17 4! X X X 329.33 12 Locker Room VCT (94 8 X 12 oi X X X 1136.00 13 Firing Range Concrete 19 0 X 16 8: j X X X 316.67 14 P.D. Women's Locker Room VCT i 8 4 X 5 oi X X X 41.67 15 P.D. Men's Locker Room VCT 8 4 X 5 0;24 5 X 21 4f17 0 X 10 8 X 743.891 16 Unisex Restroom VCT 8 4 X 5 o: X ,x X 41,671 17 Engineering Storage VCT 17 0 X 10 8] X X X 181.33 18 Men's Restroom VCT [11 8 X 21 4i X X X 248.89 19 Janitorial Closet Concrete f 8 0 X 5 4l X X X 42.67 20 Women's Restroom VCT !14 1 X 21 4! X X X 300.44 21 Clerk's Storage Concrete f 7 8 X 12 10: X X X 98.39 22 Boiler Room Concrete [37 6 X 22 6i13 8 X 9 0 X X 966.75 23 Storage Concrete [12 0 X' 15 oi X X X 180.00 24 Storage Concrete t13 8 X 15 oi X X X 205.00 25 Exercise room Carpet f.13 0 X 32 8i X X X 424.67 J 26 Maintenance Office Concrete !26 3 X 32 8; X X X 857.50 27 Cafeteria VCT t24 11 X 32 8i X X X 813.94 28 Office Carpet f12. 0 X 17 8] X X X 212.00 29 Storage Concrete [13 8 X 17. 81 X X X 241.44 30 Air Handlers Concrete [10 0 X 13 4j 26 2 X 36 2 X X 1079.69 31 IT Offices Concrete !25 8 ,c 8 j 6110 0 X 8 6 I X X 303,17 32 IT Storage Concrete [24 4 X 24 6 X X X 596.17 l 33 IT Offices Concrete (15 0 X 8 61 X X.. X 127.50 34 IT Storage Concrete tis 0 X 17 ol X X X 255.00 35 IT Offices Elevated Floor 110 0 X 17 61 X X X 170.00 36 Transformer Room Concrete (24 4 X 11 o' X X X 267.67 37 Phone Comm. Room Concrete i15 0 X 15 Qi X X X 225.00 38 Computer Room Elevated Floor t10 0 X 15 ol i X X X 150.00 Corridor VCT 8 0 X 44 o: 8 0 X 10 0 8. 0 X 16 0 8 0 X 16 0 688.00 i l j I ! j 12768.00 i i f ·. j City Hall 1st Floor i Rooms NOT I Dim.1 Dim.2 Dim.4 Dlm.3 Total l Needingto Room# Room Function Carpet or VCT [Ft In BY Ft In , Ft In BY Ft In Ft In BY Ft In Ft In BY Ft In Sq Ft i be cleaned 1 Neighborhood Policing Unit Carpet [12 8 X 12 o: X X X 152,00 2 Neighborhood Policing Unit Carpet f21 4 X 16 01 X X X 437,33! 3 Records Carpet (12 0 X 16 0, X X X 192.00i 4 Records Carpet !16 0 X 16 0 X X X 256.00J 5 Internal Affairs Office VCT 120 0 X 16 ol X X X 320;00! 6 P.D. Conference Room Carpet 120 0 X 12 0 X X X 240.00 7 Records Carpet j2s 0 X 46 o· X X X 1288.00i 8 File Room VCT 110 0 X 12 4• X X. X 123.33 9 Interview Room VCT 10 0 X 9 o' X X X 90.00 10 Traffic & Training Bureau Carpet 14 8 X 26 Oi X X X 381;33! 11 J.R. Accounting Carpet 22 6 X 20 4l X X X 457.50; 12 J. R. Accounting Carpet 22 6 X 32 4j X X X 727.50; 13 Detectives Office Carpet 53 8 X 32 4! j X X X 1735.221 14 Detectives Office Carpet 12 0 X 12 o: X X X 144.00] 15 Traffic Conference Room Carpet 16 3 X 12 o' X X X 195.00: 16 Parking Enforcement Office Carpet 21 4 X 10 o. X X X i 213.33 1 17 Clerk's Back Room VCT 15 0 X 16 21 X X X 242.50 18 Clerk's Office Carpet/VCT f48 0 X 32 4: X X X 1552.00 19 Clerk's Office Carpet [15 0 X 16 i X X X 242.50 1 20 J. R. Accounting Secretary Carpet 122 6 x 12 0, X X X 210.00! 21 Detectives Office Carpet [16 3 X 14 oi X X X 227.50' 22 P.D Women's Restroom VCT 111 4 X 5 41i X X X 6o.44i 23 P.D. Men's Restroom VCT Iii 4 X 5 4! X I { X X 60.44! 24 Voting Machine Storage VCT 115 0 X 16 2 X f X X 242.50 25 Treasurer & Water Billing Office Carpet i65 0 X 32 4: 12 0 X 12 0[2s 0 X 18 0 X 2749.67 {1 ol 26 Conference Room 27 Commission Chambers Carpet Carpet 112 .37 0 X 12 4 X 32 41 X X I[ X X X X 144.001 1207.lli 28 Women's Restroom VCT .9 3 ..11 8 X t X X 107.92i 29 Men's Restroom VCT 9 0 X 11 Si X X X 105.00] 30 Public Safety File Room VCT 16 0 X 11 81 i X x. X 18,6:67: 31 Water Billing Office Carpet 12 0 X 16 o: X X X 192.00i 32 Chamber Conference Room Carpet 13 4 X 20 o! X X X 266.67; j 33 Public Safety Office Carpet 33 4 X 20 0 12 0 X 11 8 X X 806.671' 34 Chief Office Carpet [12 8 X 12 o; X X X 152;001 35 Conference Room Carpet [20 8 X 11 ol X X X 227.33! 36 Finance Office Carpet 120 8 X 11 o! 16 8 X 26 0 X X 660.671 Qi 37 Income Tax Office Carpet j16 0 X 12 X X X 192.00J 38 Income Tax Office VCT !11 4 X 17 10 X X X ! 202.11 39 Employee Relations Office Carpet f10 () X 8 8' X X X .. 86.67 1 40 Finance File Room VCT !11 4 X 17 10! X X X 202.11 41 Finance Director Office Carpet 116 0 X 12 ol X X X 192.00• Corridor VCT t8 0 X 76 o: 8 0 X 28 0 X X I I 832.00i I I i 17379.641 I .. ' i City Hall 2nd Floor I I ' Rooms NOT ( I l Dilil.1 i Dim.2 Dim.3 Dim.4 Total Needing to Room# Room Function Carpet or VCT IFtIn BY Ft 1nht In BY Ft In Ft In BY Ft In Ft In BY Ft In Sq Ft be cleaned i 1 Mayor/City Attorney Carpet 112 0 X 16 0 X X X 192,00i ! 2 File Room Carpet ! 8 0 X 12 oi X X X 96,00 1 3 Strategic Dev. Office Carpet 112 0 X 12 0, X X X 144.00i 4 City Manager Carpet (16 0 X 16 01I X X X '' 256.00i 5 Comm. Neighborhood Services Office Carpet !12 0 X 12 o: 24 0 X 20 0 24 0 X 36 0 52 0 X 16 0 2320.001 I 6 Comm. Neighborhood Services Office Carpet 112 0 X 16 0j X I X X [ 192,001 7 Economic Development Office 8 City Manager Secretary Office Carpet Carpet 112 0 X 12 o' 1 X X \24 ,0 X 12 o 12 0 X 8 0!24 0 X 12 o' X X i 144.00 672.00 9 City Manager Restroom VCT I 8 0 X 8 o' X X X 64.ool 10 City Manager Conference Room Carpet [12 0 X 12 01 X X X 144.oo: 11 Engineering File Room VCT [12 ci X 24 0:I X X X 288.oo: I 12 Engineering Blue Print Room VCT t12 0 X 8 0 X I X X 96.oo; 13 Vacant Carpet 112 0 X 16 01 X X X 192.00:; I 14 Vacant Carpet I8 0 X 16 o' X X X 128.00; 15 Vacant Carpet !28 0 X 16 ol X X X 448.oo: i 16 Vacant Carpet l1ti 0 X 12 0 X X X 192.00; ol 1 17 Vacant VCT !8 0 X 12 X X X 96.oo x l 18 File Room VCT 1s 0 12 0' X X X 96.00i I 19 Conference Room Carpet [16 0 X 20 o; X X X 320,00: ,, 20 File Room VCT 120 0 X 16 o'. X X X 320.ool 21 Safebuilt Office Carpet 112 0 16 x o! I X i ; X X 192.00: 22 Vacant Carpet 136 0 X 20 0, 12 0 X 4 X X 768.ooJ 23 Handicap Restroom VCT I 0 X 8 01 X X X ,64.00, I 8 24 Planning Department Office Carpet [24 ci 'xi 4 o; 28 0 X 28 X X ' 880.oo 1 X ,, 8 01 I", 25 Elevator/Stairway Platform Carpet [12 0 X X X ' 96.oo! 26 Safebuilt Office Carpet 136 0 X 12 o! 48 0 X 28 0 36 0 X 28 0 X 2784.00: , ', ,, I 27 Men's Restroom VCT 116 0 X 8 , o:I X X X 128,00, 28 Women's Restroom VCT 116 0 X 8 0' X I, X X 1~8.00i ', 29 Municipality Director Office Carpet !12 0 X 16 ol ···1 X I, X X 192'.001 30 Planning Office Carpet [16 0 X 12 0 X X 192.00: ol 1 ', I 144.00 ', 31 Planning Conference Room Carpet 112 0 X 12 X X 32 Planning Office Carpet 112 0 X1 12 0, X X 144:00: Corridor Carpet l ,'8 0 X 56 o! 8 0 X 28 X 672.oo; l L l o! i 11968.oo; I '' I I ,'I t ...• I Public Services Building f ----- --- -- i Rooms NOT !i Dim.1 l Dim.2 Dim.3 Dim.4 Total Needing to Room# Room Function Carpet or VCT !Ft In BY Ft In :Ft In BY Ft In Ft In BY Ft In_ Ft In BY Ft In Sq Ft be cleaned i 1 Parks - Carpenter Shop Concrete \ 33 4 X 43 4; X X X 1444.44 2 Parks - Staging Area Concrete I 34 0 X 43 41 68 0 X 33 4 X X 3740.00 i 3 Parks - Equipment Concrete 23 4 X 38 oj X X X 886.67 4 Police Equipment Concrete 38 10_ X 42 0 X X X 1631.00 5 Weight Room VCT 23 4 X 26 4' X X X -- 614.44 6 Police Equipment Concrete 38 10 X 52 4i X X X 2032.28 7 Lunch Rm VCT 49 0 X 27 31 8 8 X 15 4 X X _1488.56 8 Men's Locker Rm VCT 20 8 X 23 4i 23 8 X 5 8 23 0 X 810 13 4 X 6 8 908.391 9 Restroom VCT 9 0 X 6 8' X X X 60.Ool 10 Water/Sewer Shop Concrete 58 2 X 34 41 18 8 X 19 0 X X I 2351.72 11 Office Concrete 8 0 X _8 0 i X X X 64.001 I 12 Highway VCT 23 4 X 23 2l 8 0 X 15 2 X X 661.891 13a Breakroom VCT 20 0 X 10 0 X X X 200.00: 13b Water/Sewer Foreman VCT .12 0 X 7 0: X X X 84.ool 14 Entryway VCT 13 2 X 14 o: X X X 184.33 15 Office VCT 8 8 X 11 4i X xi X 98.22 16 Office VCT 8 8 X 11 41 j X X X 98.22 17 Office VCT 8 8 X 11 4' X X X 98.22 - 18 Mini-Conference Carpet 8 8 X 11 41 X X X 98;22 19 Water/Sewer Shop Concrete 25 2 X 13 0 38 10 X 23 8 X X 1246.22 20 Office Carpet 11 0 X 12 4-j X X X 135.67 21 Office Carpet 11 0 X 12 41 X 1-- X X 135,67 22 Cubical Offices Carpet 32 8 X 35 4! 12 0 X 6 8 x X 1234;22 23 Engineering Office Carpet 22 0 X >20 8! X X - X 454.67, 24 Conference Room VCT 23 0 X 15 o: X ' X . 345,ooj ' 25 Women's Lockeroom Concrete 25 6 'X 15 0 X X X ,-382.so: .12 4j - 26 Office Carpet 11 0 X X X X _~35.67J 27 Supply Rm Concrete 8 X _5 4! 10 8 X 5 0 X X ,-_ 163,56 1 29 Traffic Shop Area Concrete 0 X 26 sl 25 0 X 11 4 X X 1350.00 28 Office VCT 8 6 X 13 4 X X ,- 113,33 30 Mechanical Rm Concrete 11 8 X 9 o!l X X X 105:00 --' 31 IT Room Concrete 6 X 0 9 o! X X X ... •. 54.00 --- 32 Men's Restroom VCT 12 X 0 9 o!j X X X 108.00 33 Women's Restroom VCT 9 0 X 9 o. 15 4 X 8 0 X 3 6 X -'_ 236.33 35a Warehouse Concrete .68 7 X 81 7i 63 4 X 62 4 X X 9543.03 i.-- 6 35b Office Concrete 0 X 7 o' 8 0 X 6 X X 42.00 36 Traffic Department Concrete 36 10 x 18 oj X X X j- 663.ooJ 37 Traffic Equipment Concrete 18 4 X 11 4! X X X 207.78i 34 Office VCT 3--_ 6 X 13 41 X X X j 113.33 38 Equipment Storage Concrete 29 4 X 22 3! X X X 664.89 39 Equipment Concrete t- 51 3 X 22 8!l 66 7 X 29 8 80 1X72 4 X 8929.67 40 Equipment Offices VCT f 14 8 X .29 81 X X X 435.11 41 Equipment Concrete i161 7 X 142 81242 4 X 124 4 X X ---- -- 53182.67 i f i ,- --_ i - I 11738.221 CITY OF MUSKEGON JANITORIAL SERVICES 2014-2017 BID TABULATION 03/25/14 CONTRACTOR Goodwill Industries of West Michigan ADDRESS 217 E. Apple Ave., Muskegon, Ml 49442 ITEM OF WORK YEAR 1 YEAR2 YEAR3 YEAR4 (OPT) TOTAL 3 YR CONTRACT TOTAL OPT 4 YEAR CONTRAC PUBLIC SERVICE BUILDING $ 16,553.84 $ 16,680.84 $ 16,835.84 $ 16,835.84 " CITY HALL $ 50,549.79 $ 50,954.79 $ 51,423.79 $ 51,423.79 PSBICOST PER MONTH $ 1,379.49 $ 16,553.84 CH/COST PER MONTH $ 4,212.48 $ 50.549.79 ALL SITES $ 67,103.63 $ 67,635.63 $ 68,259.63 $ 68,259.63 $ 202,998.89 $ 271,258.52 CONTRACTOR Reliant Professional Cleaning ADDRESS 216 N 7th St., Grand Haven, Ml 49417 ITEM OF WORK YEAR 1 YEAR2 YEAR3 YEAR4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,156.00 · ··•·.· CITY HALL $ 34,740.00 $ 34,740.00 $ 34,740.00 $ 35,280.00 PSB/COST PER MONTH $ 1,000.00 $ 12,000.00 CH/COST PER MONTH $ 2,895.00 $ 34,740.00 ALL SITES $ 46,740.00 $ 46,740.00 $ 46,740.00 $ 47,436.00 $ 140,220.00 $ 187,656.00 CONTRACTOR Truclean Building Services, LLC ADDRESS 450 W. Hackley St., Muskegon, Ml 49444 ITEM OF WORK YEAR 1 YEAR2 YEAR3 YEAR4 (OPT) TOTAL 3 YR CONTRACT PUBLIC SERVICE BUILDING $ 16,800.00 $ 16,800.00 $ 16,800.00 $ 17,800.00 CITY HALL $ 31,104.00 $ 31,104.00 $ 31,104.00 $ 32,000.00 I PSBICOST PER MONTH $ 1,400.00 $ 16,800.00 CH/COST PER MONTH $ 2,592.00 $ 31,104.00 ALL SITES $ 47,904.00 $ 47,904.00 $ 47,904.00 $ 49,800.00 $ 143,712.00 $ 193,512.00 SIGNED BIDDER DOCUMENTS City of Muskegon 2020-22 Janitorial Services 1.2 TRANSMITTAL LETTER FOR BID PROPOSAL Bidder/Company Name C,ood.wul "I~\.d . oS: WesT f'v\I Name & Title of Head of Company J eMe:t::t&... \-\ a~e (?.., £}e,,de\/'\-t... C..EO Street Address 21 1 e App lg,, P.t>e. . City, State, ZIP Y'Ylu. & \4-~_f ' \· '{Y\ I 1-\ C\ '-1 '-t Z. Date \2- fo- \'\ CITY OF MUSKEGON, MICHIGAN 933 TERRACE ST. MUSKEGON, MI 49443-0536 Prnject Title: 2020-2022 Janitorial Services Dear Awarding Agent, Having examined the Bid Specifications and Contract Documents, including all forms and instructions, and the site of the proposed work, and being familiar with all of the conditions surrounding the constrnction of the proposed project, including the availability of materials and labor, and having received and reviewed the following Addenda: '-\.L\ rLoo~ fLfh) S ~- "tl1V\\£-\'\ S \ Or\ ~ CU))n,eroeA . p d~ To.r-,-+or,a..o.. Ke. ~~c\ V"i\(.e..,,.._:ii;, fV\.11"'\lXl8 Add.eC\c:ll..lc: »-.,u \ •... o•.., ~ w- (-)df -:ra.f'\i+oC<.\o...L C..On.+v-o.c,, ~,c.\~ p.s 'ReAD o2014 -aon . PD~ ':\ .-z. C'e e V\.LY"o...Q.... pcm>i s1ons Q.mM£oded- pdf I/We hereby propose to furnish all labor, materials and supplies, and to construct the project in accordance with the Contract Documents and at the prices indicated in the attached Bid Proposal. Submitted prices are to cover all expenses incurred in performing the work required under the Contract Document, of which this letter and attached Proposal are a part. In accordance with the Instructions to Bidders, all appropriate documents, forms, etc., have been properly completed and are attached hereto, along with the Bidder Certification and Agreement, List of Subcontractors, Non-Collusion Affidavits, and the proper Bid Guaranty. I/We hereby respectfully submit the attached Bid Proposal for consideration by the City of Muskegon on the above-referenced Project. K().¼n\.t..e.n \"\ . \-\ t>.A-R-1s C:,oodu.:>1\ \ :::f~+&r ~ c:...Q.]3,-°({ o,m ~'1 . Printed Name and Title 11/19/19 16 City of Muskegon 2020-22 Janitorial Services 1.3 BIDDER CERTIFICATION AND AGREEMENT PART I. The Undersigned hereby agrees: That he/she has examined the Bid Specifications/Contract Documents, including specifications, forms and instructions; That he/she has received and reviewed the following Addenda: ADDENDUM NO. I (PRE-BID CONFERENCE MINUTES) That he/she has examined the Site of the proposed work and is familiar with all of the conditions surrounding the construction of the proposed project and the availability of materials and labor. PART II. The Undersigned hereby agrees: That he/she will enter into a contract to furnish the labor, materials, tools and construction equipment necessary for the full and complete execution of the work at and for the prices indicated in his/her official Bid Proposal, if said Proposal is accepted by the City; That, at the time of execution of said Contract, he/she will furnish requisite bonds with such sureties (or letters of recommendation accompanied by a Bidder's Statement) for the faithful performance of the Contract, for the payment of all materials used therein, and for all labor expended thereon in accordance with the forms and instructions provided; That he/she will construct the project in accordance with the Contract Documents within the specified time. PART III. The Undersigned hereby agrees: To commence work within 10 days after the date of the "Notice of Award" from the City. To comply with all applicable Adopted Guidelines and requirements, wage rates, labor standards, equal opportunity requirements, subcontract (or) requirements, and any other specifications indicated or referred to within these Contract Documents. The Undersigned herewith attaches an Affidavit in proof that he/she has not entered into a collusive agreement with any person in respect to this Bid or any other bid, or the submitting of bids for the Contract for which this Bid is submitted. The Undersigned is prepared to submit a Statement of Bidder's Qualifications, a financial statement, and/or any information requested by the City. However, once work has commenced the project shall be completed without interruption of normal working days unless authorized in writing by the Engineer. 11/19/19 17 City of Muskegon 2020-22 Janitorial Services PART IV In regard to non-segregated facilities, the Undersigned certifies: That he/she does not maintain or provide for any employees any segregated facilities at any of his/her establishments; That he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained; That he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and that he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The Undersigned hereby agrees: That a breach of this section of the Bidders Certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. That he/she will obtain identical certification from proposed sub-contractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause (unless already obtained for specific time periods), and that he/she will retain such certifications on file. [As used in this section of this Bidder Certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, local custom, or otherwise.] NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. I 00 I. SIGNED: -~---+'\_~ -'-~ - - -¥ \ ~ - -·~__DATED: ..._._-~ rz-1\-14 (Printed name) (Title) C,oodv.:>J2-L ~ d......_s\v-\..Q._S o) We.ST 'fr\ \ c.h:5 u.V) -:f'l'LC. • (Company/Bidder) (Company/Biddertreet Address) 11/19/19 18 City of Muskegon 2020-22 Janitorial Services 1.4 MANAGEMENT PLANS QUESTIONNAIRE A. In order to assist in evaluating the bids for this job, it will be necessary to have the following information about your management plans for this job: I. How many employees would work at this job site? a. Public Service Building 2... employees b. City Hall '-4 employees c. All Sites Total (p employees 2. How many HOURS per DAY would each work at this job site? a. Public Service Building - -~2.., _ _ _ hours per day b. City Hall __S ~ ___ hours per day c. All Sites Total - - ~ - - - houts per day 3. How many HOURS of Supervision would be supplied to this job? a. Public Service Building _ _ _ _ _ _ hours per day/week b. City Hall 5 _ _ hours per day/week _ _.2c.,__,_.-= c. All Sites Total - ~3~ . S___ hours per day/week 4. How much would you expect to pay for cleaning supplies, equipment, rentals, and insurance to service this job? a. Public Service Building 1 25 . oo per month b. City Hall 2,50 . o o per month This does not include additional labor brought in for scrubbing-waxing-window cleaning, light fixtmes, etc. 5. If you were awarded this contract, what% (Percentage) of your total business would this contract represent*: Public Service Building 1% or less 5% 10% 25% 50% 75% ALL City Hall 1% or less 5% 10% 25% 50% 75% ALL ALL Sites 1% or less 5% @ 25% 50% 75% ALL *The above information is to be given in sufficient detail to show your ability to manage this contract work profitably for the expected life of such contract. 11/19/19 19 City of Muskegon 2020-22 Janitorial Services B. If you have not done business with the City of Muskegon before, at least not in the category of janitorial services, there may be a special evaluation. BIDDERS- Please list governmental contracts currently held or held within the past two (2) fiscal years: l. C. lY\. \-\ 0\-ro..wa_ Co U-M.~ l3~\d1~G B .;;lO\(o-?..-e~eY\..T 2. l.<.:W.Q..S'v\_oa..e e__'n o.nA b er~ ~VV\.(¼QfC.JL cQO)'1 - '1-e.0ff\1 3. NO r1 {::\ ~6v(Q, -_,:..:=LL='------' certify that 1 am the CJ\.o-. r VV\.0-..l'I 1 ot t-lu...13 OA~ of the Corporation named as the Contractor herein; , who signed this Agreement on behalf of the Contractor, was then ~_.,-_e:..._s~,d~e_~V"\~::t~_e_·_C,_~E~O_ __ _ of said Corporation; That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signature 'µ//Y? }),.4,t''C - /;{),l}/L--0 CJ.//,Jtll Printed Name and Title 11/19/19 38 CERTIFICATE OF INSURANCE CITY OF MUSKEGON CERTIFICATE OF INSURANCE CHECKLIST Project Number & Description: 2020-23 Janitorial Services Contract Date: 2/10/2020 Lessee/Contractor: Goodwill Industries of W. Michigan Contract Start Dates: 3/1/2020, OR within 10 days from Notice to Proceed. Contract End Date: To be completed within six (6) weeks or by 2/28/2023 Prepared by: Christy Cashin, City of Muskegon, Engineering Department IX!Insurance Carrier is acceptable to the City of Muskegon A.M. Best Company Carrier Rating (Must be A(-) VII or higher) Company A: Selective Insurance Company - A Company B: Cincinnati Insurance Co - A+ Company C: _ _ _ _ _ _ _ __ Bonding Co.: _ _ _ _ _ _ _ __ IX!Insured name matches name on contract or use agreement IX!Amount oflnsurance matches required amount on Certificate oflnsurance? IX!General Liability coverage's match contract/use agreement IX! General Liability coverage limits match contract IX!Automobile Liability coverage's match contract or use agreement IX!Automobile Liability coverage limits match contract or use agreement IX!Workers' Compensation coverage's are provided IX!All Coverage dates cover use dates, include setup/takedown IX!Certificate holder is correct IX!Additional insured wording is correct IX!Cancellation provision is correct IX!Employers' Liability coverage is indicated □ OCP policy is correct □ Property coverage's checked (if applicable) IX! Sub-Contractor Affidavits Present for all listed in Contract? IX!List Sub-Contractors: IX!Bonds correctly issued (if applicable) Bid Proposal$ 145668.00 Copy of this form E-mailed to IBEX Insurance Agency on: 2/10/2020 Copy of this form Returned to the City of Muskegon on:2/20/2020 Certificate approved on: 2/20/2020 Approved by: Shannon Doyle Date: 2/20/2020 I l 'I '-h ,!'fr I I, I i' - ~ GOODIND-01 CBARRON ACORD" DATE (MM/DDNYYY) ~ CERTIFICATE OF LIABILITY INSURANCE I 2/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: BHS Insurance Fl)8,NJo, Ext): (616) 531-1900 I r..etNo):(616) 574-3317 3055 44th St SW E-MAIL Grandville, Ml 49418 ADDRESS: INSURER/SI AFFORDING COVERAGE NAIC# 1NSURERA ,Selective Insurance Comoanv 39926 INSURED INSURERS: Goodwill Ind. of W. Mich., Inc INSURERC: 271 Apple Avenue INSURER D: Muskegon, Ml 49442-3490 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IM~D WVD IMM/DDNYYY\ IMM/DDNYYY\ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS-MADE [Kl OCCUR S 1749526 7/1/2019 7/1/2020 DAMAGE TO RENTED PREMISES /Ea occurrence\ $ 1,000,000 ~ X EBL, Abuse, Prof Lia MED EXP /Anv one oersonl $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 ~ GENERAL AGGREGATE $ 3,000,000 R'LAGGREGATE LIMIT APPLIES PER: POLICY □ ~{8-f □ LOC PRODUCTS • COMP/OP AGG $ 3,000,000 OTHER: $ A AUTOMOBILE LIABILITY fe~~~b~~~if1NGLE LIMIT $ 1,000,000 f---- X ANY AUTO S 1749526 7/1/2019 7/1/2020 BODILY INJURY /Per oersonl $ f---- OWNED - SCHEDULED AUTOS ONLY AUTOS BODILY INJURY IPer accident\ $ f-- - f-- ~LRT'H's ONLY - ~8¥o~~Jr.~ f'99~tc~ieh1?AMAGE $ $ A X UMBRELLA LIAB EACH OCCURRENCE $ 2,000,000 ~OCCUR EXCESS LIAB CLAIMS-MADE S 1749526 7/1/2019 7/1/2020 AGGREGATE $ 2,000,000 OED I X I RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I STATUTE PER I I OTH- ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE $ If yes, desclibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE. POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Muskegon and all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof are named as additional insured on the general liability and auto liability on a primary non contributory basis per the insured's policy form. Thirty Days Notice of Cancellation is provided. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ,~ City of Muskegon ACCORDANCE WITH THE POLICY PROVISIONS. City Hall 933 Terrace Street Muskegon, Ml 49440 AUTHORIZED REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ElitePac® Commercial Automobile Extension COMMERCIAL AUTO CA78091117 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION II - LIABILITY COVER- EMPLOYEE INDEMNIFICATION AND EMPLOY- AGE ER'S LIABILITY AMENDMENT A. If this policy provides Auto Liability coverage for The following is added to SECTION II, B.4. - Owned Autos, the following extensions are Exclusions: applicable accordingly: This exclusion does not apply to a "volunteer NEWLY ACQUIRED OR FORMED ORGANIZA- worker" who is not entitled to workers compen- TIONS sation, disability or unemployment compensa- The following is added to SECTION II, A.1. - Who tion benefits. Is An Insured: FELLOW EMPLOYEE COVERAGE Any organization you newly acquire or form, The Fellow Employee Exclusion, SECTION II, other than a partnership, joint venture or limited B.5. - is deleted in its entirety. liability company over which you maintain own- CARE, CUSTODY OR CONTROL AMENDMENT ership or majority interest, will qualify as a Named Insured if there is no similar insurance The following is added to SECTION II, B.6. - available to that organization. However: Exclusions: 1. Coverage under this provision is afforded This exclusion does not apply to property owned only until the 180th day after you acquire or by anyone other than an "insured", subject to form the organization or the end of the pol- the following: icy period, whichever is earlier; 1. The most we will pay under this exception 2. Coverage does not apply to "bodily injury" for any one "accident" is the Limit of Insur- or "property damage" resulting from an "ac- ance stated in the ElitePac Schedule; and cident" that occurred before you acquired or 2. A per "accident" deductible as stated in the formed the organization. Elite Pac Schedule applies to this exception. No person or organization is an "insured" with B. If this policy provides Auto Liability coverage for respect to the conduct of any current or past Owned Autos or Non-Owned Autos, the follow- partnership, joint venture or limited liability ing extension is applicable accordingly: company that is not shown as a Named Insured LIMITED LIABILITY COMPANIES in the Declarations. The following is added to SECTION II, A.1. - Who EXPENSES FOR BAIL BONDS AND LOSS OF Is An Insured: EARNINGS If you are a limited liability company, your mem- Paragraphs (2) and (4) of SECTION II, A.2.a. - bers and managers are "insureds" while using a -- iiiiiiii Supplementary Payments are deleted in their covered "auto" you don't own, hire or borrow iiiiiiii entirety and replaced with the following: during the course of their duties for you. (2) Up to the Limit of Insurance shown on the BLANKET ADDITIONAL INSUREDS As ElitePac Schedule for the cost of bail bonds == Required By Contract -- i iiiii !!!!!!!!!! (including bonds for related traffic law viola- tions) required because of an "accident" covered under this policy. We do not have to furnish these bonds. The following is added to SECTION II, A.1. - Who Is An Insured: - (4) All reasonable expenses incurred by the -- i iiiiiii !!!!!!!!!!! "insured" at our request. This includes ac- tual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac - Schedule. Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA78091117 Page 1 of 5 INSURED'S COPY Any person or organization whom you have For labor charges to be eligible for reimbursement agreed in a written contract, written agreement the labor must be performed at the place of disable- or written permit that such person or organiza- ment. tion be added as an additional "insured" on your This coverage extension does not apply to Emer- policy. Such person or organization is an addi- gency Services Organizations and Governmental tional "insured" only with respect to liability for Entities. "bodily injury" or "property damage" caused, in whole or in part, by your ownership, mainte- GLASS BREAKAGE DEDUCTIBLE nance or use of a covered "auto". This coverage The following is added to SECTION Ill, A.3. • Glass shall be primary and non-contributory with re- Breakage - Hitting A Bird Or Animal - Falling spect to the additional "insured". This provision Objects or Missiles: only applies if: If damaged glass is repaired rather than replaced, 1. It is required in the written contract, written no deductible will apply for such repair. This exten- agreement or written permit identified in sion does not apply to Emergency Services Organi- this section; zations and Governmental Entities. 2. It is permitted by law; and ADDITIONAL TRANSPORTATION EXPENSES SEC- 3. The written contract or written agreement TION Ill, A.4.a. - Transportation Expenses is deleted has been executed (executed means signed in its entirety and replaced with the following: by a named insured) or written permit is- We will pay up to the maximum Limit of Insurance sued prior to the "bodily injury" or "property shown on the ElitePac Schedule for temporary damage". transportation expenses that you incur because of C. If this policy provides Auto Liability coverage for any "loss" to a covered "auto", but only if the cov- Non-Owned Autos, the following extension is ered "auto" carries the coverages and meets the applicable accordingly: requirements described in 1. or 2. below: EMPLOYEES AS INSUREDS 1. We wi II pay temporary transportation expenses for total theft of a covered "auto". We will only If this policy provides Auto Liability coverage for pay for such expenses incurred during the Non-Owned Autos, the following is added to period beginning 24 hours after the theft and SECTION II, A.1. • Who Is An Insured: ending, regardless of the policy's expiration, Any "employee" of yours is an "insured" while when the covered "auto" is returned to use or using a covered "auto" you don't own, hire or we pay for its "loss". borrow in your business or your personal 2. For "loss" other than total theft of a covered affairs. "auto" under Comprehensive or Specified Caus- An "employee" of yours is an "insured" while es of Loss Coverage, or for any "loss" under operating an "auto" hired or rented under a COiiision Coverage to a covered "auto", we will contract or agreement in that "employee's" only pay for those temporary transportation ex- name with your permission, while performing penses incurred during the policy period begin- duties related to the conduct of your business. ning 24 hours after the "loss" and ending, re- AMENDMENTS TO SECTION Ill • PHYSICAL gardless of the policy's expiration, with the less- DAMAGE COVERAGE er of the number of days reasonably required to repair or replace the covered "auto" or 30 days. If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following Paragraph 2. of this extension does not apply extensions are applicable for those "autos" for while there are spare or reserve "autos" availa- which Comprehensive, Specified Causes of Loss or ble to you for your operations. COiiision coverage is purchased: This coverage extension does not apply to Emer- TOWING AND LABOR gency Services Organizations and Governmental Entities. SECTION Ill, A.2. - Towing is deleted in its entirety and replaced with the following: HIRED AUTO PHYSICAL DAMAGE COVERAGE We will pay all reasonable towing and labor costs The following is added to SECTION Ill, A.4. - up to the maximum Limit of Insurance shown on the Coverage Extensions: ElitePac Schedule per tow each time a covered Physical Damage coverage is hereby extended to "Private Passenger Auto", "Social Service Van or apply to Physical Damage "loss" to "autos" leased, Bus" or "Light Truck" is disabled and up to the max- hired, rented or borrowed without a driver. We will imum Limit of Insurance per tow each time a provide coverage equal to the broadest coverage covered "Medium Truck", "Heavy Truck" or "Extra available to any covered "auto" shown in the Decla- Heavy Truck" is disabled. rations. But, the most we will pay for "loss" to each "auto" under this coverage extension is the lesser of: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA 78 09 11 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 INSURED'S COPY 1. The Limit of Insurance stated in the ElitePac AUTO LOAN/LEASE GAP COVERAGE (Not Applica- Schedule; or ble in New York) 2. The actual cash value of the damaged or stolen The following is added to SECTION 111, A.4. - property as of the time of the "loss"; or Coverage Extensions: 3. The actual cost of repairing or replacing the In the event of a total "loss" to a covered "auto" we damaged or stolen property with other property will pay any unpaid amount due on the lease or loan of like kind and quality. A part is of like kind and for a covered "auto", less: quality when it is of equal or better condition 1. The amount paid under the Physical Damage than the pre-accident part. We will use the origi- Coverage Section of the policy; and nal equipment from the manufacturer when: 2. Any: (a) The operational safety of the vehicle might otherwise be impaired; a. Overdue lease/loan payments at the time of "loss"; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or b. Financial penalties imposed under a lease used part have been unsuccessful; or for excessive use, abnormal wear and tear, high mileage or similar charges; (c) A new original equipment part of like kind and quality is available and will c. Security deposits not refunded by the lessor result in the lowest overall repair cost. or financial institution; For each leased, hired, rented or borrowed "auto" d. Costs for extended warranties, credit life, our obligation to pay "losses" will be reduced by a health, accident, or disability insurance pur- deductible equal to the highest deductible applica- chased with the loan or lease; and ble to any owned "auto" for that coverage. No e. Carry-over balances from previous leases deductible will be applied to "losses" caused by fire or loans. or lightning. You are responsible for the deductible applicable to SECTION IV, 8.5. other Insurance Condition, Para- the "loss" for the covered "auto". graph 5.b. is deleted in its entirety and replaced by PERSONAL EFFECTS the following: The following is added to SECTION Ill, A.4. - For Hired Auto Physical Damage Coverage, the fol- Coverage Extensions: lowing are deemed to be covered "autos'" you own: If this policy provides Comprehensive Coverage for 1. Any covered "auto" you lease, hire, rent, or a covered "auto" you own and that covered "auto" borrow; and is stolen, we will pay up to the Limit of Insurance 2. Any covered "auto" hired or rented by your shown on the ElitePac Schedule, without application "employee" under a contract or agreement in of a deductible, for lost personal effects that were in that "employee's" name, with your permission, the covered "auto" at the time of theft. Personal while performing duties related to the conduct of effects do not include jewelry, tools, money, or your business. securities. This coverage is excess over any other However, any "auto" that is leased, hired, rented or collectible insurance. borrowed with a driver is not a covered "auto". AIRBAG COVERAGE This coverage extension does not apply to Emer- The following is added to SECTION Ill, 8.3.a. - gency Services Organizations and Governmental Exclusions: Entities. Mechanical breakdown does not include the acci- HIRED AUTO LOSS OF USE COVERAGE dental discharge of an airbag. iiiiiiii The following is added to SECTION Ill, A.4. - Cover- This coverage extension does not apply to Emer- age Extensions: gency Services Organizations and Governmental !!!!!!!!!!!!!! We will pay expenses for which you are legally Entities. -== responsible to pay up to the Limit of Insurance shown on the ElitePac Schedule per "accident" for EXPANDED AUDIO, VISUAL, AND DATA ELECTRON- IC EQUIPMENT COVERAGE - iiiiiiii.i loss of use of a leased, hired, rented or borrowed SECTION Ill, 8.4. - Exclusions i iiiiii !!!!!!!! "auto" if it results from an "accident". This exclusion does not apply to the following: This coverage extension does not apply to Emer- - gency Services Organizations, Governmental Enti- ties, and Schools. 1. 2. Global positioning systems; "Telematic devices"; or iiiiiiii.i iiiiiiii 3. Electronic equipment that reproduces, receives -- !!!!!!!!!!!!!! or transmits visual or data signals and accesso- ries used with such equipment, provided such - equipment is: Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA78091117 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 INSURED'S COPY a. Permanently installed in or upon the cov- ered "auto" at the time of the "loss"; 3. An executive officer or insurance manager, if b. Removable from a housing unit that is per- you are a corporation; manently installed in the covered "auto" at 4. Your members, managers or insurance man- the time of the "loss"; ager, if you are a limited liability company; c. Designed to be solely operated by use of 5. Your elected or appointed officials, trustees, power from the "auto's" electrical system; board members or your insurance manager, if or you are an organization other than a partner- d. Designed to be used solely in or upon the ship, joint venture or limited liability company. covered "auto". But, this section does not amend the provisions For each covered "loss" to such equipment, a relating to notification of police or protection or deductible of $50 shall apply, unless the deductible examination of the property that was subject to the otherwise applicable to such equipment is less than "loss". $50, at which point the lower deductible, if any, will WAIVER OF SUBROGATION apply. SECTION IV, A.5. - Transfer Of Rights Of Recovery COMPREHENSIVE DEDUCTIBLE LOCATION Against Others To Us is deleted in its entirety and TRACKING DEVICE replaced with the following: The following is added to SECTION 111, D. - We waive any right of recovery we may have Deductible: against any person or organization because of Any Comprehensive Coverage Deductible shown in payments we make for "bodily injury" or "property the Declarations will be reduced by 50% for any damage" resulting from the ownership, mainte- "loss" caused by theft if the covered "auto" is nance or use of a covered "auto" but only when you equipped . with a location tracking device and that have assumed liability for such "bodily injury" or device was the sole method used to recover the "property damage" in an "insured contract". In all "auto". other circumstances, if a person or organization to PHYSICAL DAMAGE LIMIT OF INSURANCE or for whom we make payment under this Coverage Form has rights to recover damages from another, SECTION Ill, C. - Limit Of Insurance is deleted in its those rights are transferred to us. entirety and replaced with the following: MULTIPLE DEDUCTIBLES The most we will pay for a "loss" in any one "accident" is the lesser of: The following is added to SECTION IV, A. - Loss Conditions: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or If a "loss" from one event involves two or more covered "autos" and coverage under Comprehen- 2. The cost of repairing or replacing the damaged sive or Specified Causes of Loss applies, only the or stolen property with other property of like highest applicable deductible will be applied. kind and quality. CONCEALMENT, MISREPRESENTATION OR FRAUD This coverage extension does not apply to Emer- gency Services Organizations and Governmental The following is added to SECTION IV, B.2. - Con- Entities. cealment, Misrepresentation Or Fraud: AMENDMENTS TO SECTION IV - BUSINESS AUTO If you should unintentionally fail to disclose any CONDITIONS existing hazards in your representations to us prior to the inception date of the policy or during the pol- DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT icy period in connection with any newly discovered OR LOSS hazards, we will not deny coverage under this Cov- The following is added to SECTION IV, A.2.a. - erage Form based upon such failure. Duties In The Event Of Accident, Claim, Suit Or POLICY PERIOD, COVERAGE TERRITORY Loss: SECTION IV, B.7. - Policy Period, Coverage Territory The notice requirements for reporting "accident" is deleted in its entirety and replaced with the fol- claim, "suit" or "loss" information to us, including lowing: provisions related to the subsequent investigation of such "accident", claim, "suit" or "loss" do not apply Under this Coverage Form, we cover "accidents" until the "accident", claim, "suit" or "loss" is known and "losses" occurring: to: a. During the policy period shown in the Declara- 1. You, if you are an individual; tions; and 2. A partner, if you are a partnership; b. Within the "Coverage Territory". Copyright, 2017 Selective Insurance Company of America. All rights reserved. CA78091117 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 INSURED'S COPY We also cover "loss" to or "accidents" involving a EXTRA HEAVY TRUCK covered "auto" while being transported between "Extra Heavy Truck" means a truck with a gross any of these places. vehicle weight rating of 45,001 pounds or more. TWO OR MORE COVERAGE FORMS OR POLICIES HEAVY TRUCK ISSUED BY US - DEDUCTIBLES "Heavy Truck" means a truck with a gross vehicle The following is added to SECTION IV, B.8. - Two Or weight rating of 20,001 pounds to 45,000 pounds. More Coverage Forms Or Policies Issued By Us: LIGHT TRUCK If a "loss" covered under this Coverage Form also involves a "loss" to other property resulting from "Light Truck" means a truck with a gross vehicle the same "accident" that is covered under this pol- weight rating of 10,000 pounds or less. icy or another policy issued by us or any member MEDIUM TRUCK company of ours, only the highest applicable "Medium Truck" means a truck with a gross vehicle deductible will be applied. weight rating of 10,001 pounds to 20,000 pounds. AMENDMENTS TO SECTION V - DEFINITIONS PRIVATE PASSENGER AUTO BODILY INJURY INCLUDING MENTAL ANGUISH (Not "Private Passenger Auto" means a four-wheel Applicable in New York) "auto" of the private passenger or station wagon The definition of bodily injury is deleted in its type. A pickup, panel truck or van not used for entirety and replaced by the following: business is included within the definition of a "pri- "Bodily injury" means bodily injury, sickness, or dis- vate passenger auto". ease sustained by a person, including death result- SOCIAL SERVICE VAN OR BUS ing from any of these. "Bodily injury" includes men- "Social Service Van or Bus" means a van or bus tal anguish resulting from bodily injury, sickness or used by a government entity, civic, charitable or disease sustained by a person. social service organization to provide transportation ADDITIONS TO SECTION V - DEFINITIONS to clients incidental to the social services sponsored COVERAGE TERRITORY by the organization, including special trips and out- ings. "Coverage Territory" means: TELEMATIC DEVICE 1. The United States of America {including its territories and possessions), Canada and Puerto "Telematic Device" includes devices designed for Rico; and the collection and dissemination of data for the pur- pose of monitoring vehicle and/or driver perfor- 2. Anywhere in the world, except for any country mance. This includes Global Positioning System or jurisdiction that is subject to trade or other technology, wireless safety communications and economic sanction or embargo by the United automatic driving assistance systems, all integrated States of America, if a covered "auto" is leased, with computers and mobile communications tech- hired, rented, or borrowed without a driver for a nology in automotive navigation systems. period of 30 days or less, and the insured's responsibility to pay "damages" is determined VOLUNTEER WORKER in a "suit" on the merits in and under the sub- "Volunteer worker" means a person who performs stantive law of the United States of America (in- business duties for you, for no financial or other cluding its territories and possessions), Puerto compensation. Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the "insured" in a "suit" brought in a location described in Paragraph 2. above, the - iiiiiiiii i iiiiii insured will conduct a defense of that "suit". We will reimburse the "insured" for the reasonable and necessary expenses incurred for the defense of any ---= i iiiiii !!!!!!!!! such "suit" seeking damages to which this insur- ance applies, and that we would have paid had we been able to exercise our right and duty to defend. iiiiiiiiiiiii iiiiiiiii - !!!!!!!!!! - copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA78091117 Page 5 of 5 INSURED'S COPY ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds - Primary and Non-Contributory Provision Page 8 Blanket Additional Insureds - As Required By Contract Page 5 • Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors • Lessors of Leased Equipment • Managers or Lessors of Premises • Mortgagees, Assignees and Receivers • Any other person or organization other than a joint venture • Granters of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100,000) Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page 8 Mental Anguish Amendment (Not applicable to New York) Page 9 Newly Formed or Acquired Organizations Page 5 Non-Owned Aircraft Page 3 Non-Owned Watercraft (under 60 feet) Page 3 Not-for-profit Members - as additional insureds Page 5 iiiiiiii Personal And Advertising Injury- Discrimination Amendment (Not applicable in New York) Page 8 - Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 -- i iiaii !!!!!!!!!!!! Two or More Coverage Parts or Policies Issued By Us Unintentional Failure to Disclose Hazards Page 8 Page 8 -- Waiver of Transfer of Rights of Recovery (subrogation) Page 8 -- i iiiiiii !!!!!!!!!!! When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 - Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 73 00 01 19 Page 1 of 9 INSURED'S COPY THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 9 INSURED'S COPY ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES - Amendments B. The following is added to Exclusion g. Aircraft, SECTION I - COVERAGE A BODILY INJURY AND Auto Or Watercraft under COVERAGE A BODILY PROPERTY DAMAGE LIABILITY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: EXCLUSIONS This exclusion does not apply to: Employer's Liability Amendment (6) Any aircraft, not owned or operated by any (This provision is not applicable in the State of New insured, which is hired, chartered or loaned York). with a paid crew. However, if the insured The following is added to Exclusion e. Employer's has any other valid and collectible insur- Liability under COVERAGE A BODILY INJURY AND ance for "bodily injury" or "property dam- PROPERTY DAMAGE LIABILITY, 2. Exclusions: age" that would be covered under this provision, or on any other basis, this cover- This exclusion also does not apply to any age is then excess, and subject to Condition "temporary worker". 4. Other Insurance, b. Excess Insurance Non-Owned Aircraft, Auto or Watercraft under SECTION IV COMMERCIAL A. Paragraph (2) of Exclusion g. Aircraft, Auto Or GENERAL LIABILITY CONDITIONS. Watercraft under COVERAGE A BODILY INJURY Damage To Premises Rented to You AND PROPERTY DAMAGE LIABILITY, 2. Exclus- A. The last paragraph of Paragraph 2. Exclusions ions is deleted in its entirety and replaced with under COVERAGE A BODILY INJURY AND the following: PROPERTY DAMAGE is deleted in its entirety (2) A watercraft you do not own that is: and replaced with the following: (a) Less than 26 feet long and not being Exclusions c. through n. do not apply to damage used to carry persons or property for a by fire, lightning or explosion to premises rented charge; or to you or temporarily occupied by you with the (b) At least 26 feet, but less than 60 feet permission of the owner. A separate limit of long, and not being used to carry per- insurance applies to this coverage as described sons or property for a charge. Any in SECTION Ill - LIMITS OF INSURANCE. person is an insured who uses or is iiiiiiii responsible for the use of such water- craft with your expressed or implied !!!!!!!! consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" -- i iiiii !!!!!!!! that would be covered under this provi- sion, or on any other basis, this cover- age is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COM- -- i iiiiiii !!!!!!! MERCIAL GENERAL LIABILITY CONDI- TIONS. -- Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 9 INSURED'S COPY B. Paragraph 6. under SECTION Ill - LIMITS OF This exclusion applies even if damages are INSURANCE is deleted in its entirety and claimed for notification costs, credit mon- replaced with the following: itoring expenses, forensic expenses, public 6. Subject to Paragraph 5. above, the most we relations expenses or any other loss, cost or will pay under COVERAGE A for damages expense incurred by you or others arising because of "property damage" to any one out of that which is described in Paragraph premises, while rented to you, or in the case (1) or (2) above. of damage caused by fire, lightning or B. The following paragraph is added to SECTION Ill explosion, while rented to you or temporarily - LIMITS OF INSURANCE: occupied by you with permission of the Subject to 5. above, the most we will pay under owner, for all such damage caused by fire, COVERAGE A for "property damage" because of lightning or explosion proximately caused by all loss of "electronic data" arising out of any the same event, whether such damage one "occurrence" is a sub-limit of $100,000. results from fire, lightning or explosion or any combination of the three, is the amount SECTION I - COVERAGE C MEDICAL PAYMENTS shown in the Declarations for the Damage EXCLUSIONS To Premises Rented To You Limit. Any Insured Amendment C. Paragraph a. of Definition 9. "Insured contract" Exclusion a. Any Insured under COVERAGE C under SECTION V - DEFINITIONS is deleted in its MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: entirety and replaced with the following: a. A contract for a lease of premises. However, a. Any Insured that portion of the contract for a lease of premises that indemnifies any person or To any insured. organization for damage by fire, lightning or This exclusion does not apply to: explosion to premises while rented to you or (1) "Not-for-profit members"; temporarily occupied by you with the per- mission of the owner is not an "insured (2) "Golfing facility" members who are not paid contract"; a fee, salary, or other compensation; or Electronic Data Liability (3) "Volunteer workers". A. Exclusion p. Access or Disclosure Of Confiden- This exclusion exception does not apply if tial Or Personal Information And Data-related COVERAGE C MEDICAL PAYMENTS is excluded by Liability under COVERAGE A BODILY INJURY another endorsement to this Coverage Part. AND PROPERTY DAMAGE LIABILITY, 2. Product Amendment Exclusions is deleted in its entirety and replaced by the following: Exclusion f. Products-Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. p. Access or Disclosure Of Confidential Or Exclusions is deleted in its entirety and replaced Personal Information And Data-related with the following: Liability f. Products-Completed Operations Hazard Damages arising out of: Included within the "products-completed opera- (1) Any access to or disclosure of any tions hazard". person's or organization's confidential or personal information, including This exclusion does not apply to "your products" patents, trade secrets, processing sold for use or consumption on your premises, methods, customer lists, financial infor- while such products are still on your premises. mation, credit card information or any This exclusion exception, does not apply if other type of nonpublic information; or COVERAGE C MEDICAL PAYMENTS is excluded by (2) The loss of, loss of use of, damage to, another endorsement to this Coverage Part. corruption of, inability to access, or SECTION I - SUPPLEMENTARY PAYMENTS - inability to manipulate "electronic data" COVERAGES A AND B that does not result from physical injury Expenses For Bail Bonds And Loss Of Earnings to tangible property. A. Subparagrap-h 1.b. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 9 INSURED'S COPY B. Subparagraph 1.d. under SUPPLEMENTARY a. Coverage under this provIsIon is afforded PAYMENTS - COVERAGES A AND B is deleted only until the 180th day after you acquire or in its entirety and replaced with the following: form the organization or the end of the d. All reasonable expenses incurred by the policy period, whichever is earlier. However, insured at our request to assist us in the COVERAGE A does not apply to "bodily investigation or defense of the claim or injury" or "property damage" that occurred "suit", including actual loss of earnings up to before you acquired or formed the organi- $1,000 a day because of time off from work. zation. SECTION II - WHO IS AN INSURED - Amendments B. The following paragraph is added to SECTION II - WHO IS AN INSURED, Not-for-Profit Organization Members Paragraph 3: The following paragraph is added to SECTION II - If you are engaged in the business of con- WHO IS AN INSURED: struction of dwellings three stories or less in If you are an organization other than a partnership, height, or other buildings three stories or joint venture, or a limited liability company, and you less in height and less than 25,000 square are a not-for-profit organization, the following are feet in area, you will also be an insured with included as additional insureds: respect to "your work" only, for the period of time described above, for your liability 1. Your officials; arising out of the conduct of any partnership 2. Your trustees; or joint venture of which you are or were a 3. Your members; member, even if that partnership or joint venture is not shown as a Named Insured. 4. Your board members; However, this provision only applies if you 5. Your commission members; maintain or maintained an interest of at 6. Your agency members; least fifty percent in that partnership or joint venture for the period of that partnership or 7. Your insurance managers; joint venture. 8. Your elective or appointed officers; and This provision does not apply to any partnership or 9. Your "not-for-profit members". joint venture that has been dissolved or otherwise However only with respect to their· liability for your ceased to function for more than thirty-six months. activities or activities they perform on your behalf. With respect to the insurance provided by this Employees As Insureds Modified provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV - COMMER- A. Subparagraph 2.a.(1)(a) under SECTION II - CIAL GENERAL LIABILITY, Paragraph 4. Other WHO IS AN INSURED does not apply to "bodily Insurance, Subparagraph b. Excess Insurance: injury" to a "temporary worker" caused by a co- "employee" who is not a "temporary worker". The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over B. Subparagraph 2.a.(2) under SECTION II - WHO any other insurance available to the insured, IS AN INSURED does not apply to "property whether primary, excess, contingent or on any other damage" to the property of a "temporary basis. worker" or "volunteer worker" caused by a co- "employee" who is not a "temporary worker" or (All other provisions of this section remain "volunteer worker". unchanged) C. Subparagraph 2.a.(1)(d) under SECTION II - Blanket Additional Insureds - As Required By WHO IS AN INSURED does not apply to "bodily Contract injury" caused by cardio-pulmonary resuscita- Subject to the Primary and Non-Contributory provi- - iiiiiiii !!!!!!!!!!!!! tion or first aid services administered by a co- "employee ". With respect to this provision only, Subparagraph sion set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured: (1) of Exclusion 2. e. Employer's Liability under A. Owners, Lessees or Contractors/Architects, SECTION I - COVERAGES, COVERAGE A BODILY Engineers and Surveyors -- i iiiii !!!!!!!!!!!!! INJURY AND PROPERTY DAMAGE LIABILITY does not apply. 1. Any person or organization for whom you are performing operations when you and -- Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II - WHO IS such person or organization have agreed in a written contract, written agreement or written permit that such person or organi- -- i iiiiiii !!!!!!!!!! AN INSURED is deleted in its entirety and replaced with the following: zation be added as an additional insured on your commercial general liability policy; and -- Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 73 00 01 19 Page 5 of 9 INSURED'S COPY 2. Any other person or organization, including With respect to the insurance afforded to any architects, engineers or surveyors not these additional insureds, this insurance engaged by you, whom you are required to does not apply to any "occurrence" which add as an additional insured under your takes place after the equipment lease policy in the contract or agreement in expires. Paragraph 1. above: 2. Managers or Lessors of Premises Such person or organization is an additional Any person or organization from whom you insured only with respect to liability for "bodily lease premises, but only with respect to injury", "property damage" or "personal and liability arising out of the ownership, advertising injury" caused, in whole or in part, maintenance or use of that part of the by: premises leased to you. a. Your acts or omissions; or This insurance does not apply to any b. The acts of omissions of those acting on "occurrence" which takes place after you your behalf; cease to be a tenant of that premises. in the performance of your ongoing operations 3. Mortgagees, Assignees or Receivers performed for the additional insured in Para- Any person or organization with respect to graph 1., above. their liability as mortgagee, assignee or However, this insurance does not apply to: receiver and arising out of the ownership, "Bodily injury", "property damage" or "personal maintenance or use of your premises. and advertising injury" arising out of the render- This insurance does not apply to any ing of, or the failure to render, any professional "occurrence" which takes place after the architectural, engineering or surveying services mortgage is satisfied, or the assignment or by or for you, including: receivership ends. · a. The preparing, approving, or failing to 4. Any Person or Organization other Than A prepare or approve, maps, shop Joint Venture drawings, opinions, reports, surveys, Any person or organization (other than a field orders, change orders or drawings joint venture of which you are a member), and specifications; and but only with respect to liability for "bodily b. Supervisory, inspection, architectural or injury", "property damage" or "personal and engineering activities. advertising injury" caused, in whole or in Professional services do not include services part, by your acts or omissions or the acts of within construction means, methods, tech- omissions of those acting on your behalf in niques, sequences and procedures employed by the performance of your ongoing operations you in connection with your operations in your or in connection with property owned by capacity as a construction contractor. you. A person or organization's status as an 5. State or Governmental Agency or Political additional insured under this endorsement ends Subdivision - Permits or Authorizations when your operations for the person or organi- Any state or governmental agency or zation described in Paragraph 1. above are subdivision or political subdivision, but only completed. with respect to: 8. Other Additional Insureds a. Operations performed by you or on your Any of the following persons or organizations behalf for which the state or govern- with whom you have agreed in a written mental agency or subdivision or political contract, written agreement or written permit subdivision has issued a permit or that such persons or organizations be added as authorization; or an additional insured on your commercial b. The following hazards for which the general liability policy: state or governmental agency or sub- 1. Lessors of Leased Equipment division or political subdivision has issued a permit or authorization in Any person or organization from whom you connection with premises you own, rent lease equipment, but only with respect to or control and to which this insurance liability for "bodily injury", "property dam- applies: age" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organi- zation. Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 9 INSURED'S COPY (1) The existence, maintenance, repair, c. Any physical or chemical change in the construction, erection or removal of product made intentionally by the vendor; advertising signs, awnings, cano- d. Repackaging, unless unpacked solely for pies, cellar entrances, coal holes, the purpose of inspection, demonstration, driveways, manholes, marquees, testing, or the substitution of parts under hoist away openings, sidewalk instructions from the manufacturer, and then vaults, street banners or decora- repackaged in the original container; tions and similar exposures; e. Any failure to make such inspections, (2) The construction, erection or re- adjustments, tests or servicing as the moval of elevators; or vendor has agreed to make or normally (3) The ownership, maintenance or use undertakes to make in the usual course of of any elevators covered by this business in connection with the sale of the insurance. product; or This insurance does not apply to: f. Products which, after distribution or sale by you, have been labeled or re-labeled or (a) "Bodily injury" or "property used as a container, part of ingredient of damage" arising out of opera- any other thing or substance by or for the tions performed for the federal vendor; however this insurance does not government, state or munici- apply to any insured person or organization, pality; or from who you have acquired such products, (b) "Bodily injury" or "property or any ingredient, part or container, entering damage" included within the into, accompanying or containing such "products-completed operations products. hazard". The provisions of this coverage extension do not With respect to Paragraphs 2. through 4., apply unless the written contract or written agree- this insurance does not apply to structural ment has been signed by the Named Insured prior alterations, new construction or demolition to the "bodily injury" or "property damage". operations performed by or on behalf of Incidental Malpractice such person or organization. Subparagraph 2.a.(1Xd) under SECTION II - WHO IS The provisions of this coverage extension do not AN INSURED is deleted in its entirety and replaced apply unless the written contract or written agree- with the following: ment has been signed by the Named Insured or written permit issued prior to the "bodily injury" or (d) Arising out of his or her providing or failing to "property damage" or "personal and advertising provide professional health care services. injury". This does not apply to nurses, emergency Broad Form Vendors Coverage medical technicians or paramedics if you are not in the business or occupation of providing any Subject to the Primary and Non-Contributory such professional services. provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an This also does not apply to "bodily injury" additional insured any person or organization caused by cardio-pulmonary resuscitation or (referred to below as vendor) for whom you have first aid services administered by a co- agreed in a written contract or written agreement to "employee". provide coverage as an additional insured under This provision does not apply if you are a Social your policy. Such person or organization is an Service or Senior Living risk. additional insured only with respect to "bodily SECTION IV - COMMERCIAL GENERAL LIABILITY injury" or "property damage" arising out of "your iiiiiiiii CONDITIONS - Amendments products" which are distributed or sold in the - !!!!!!!!!!!! regular course of the vendor's business. However, the insurance afforded the vendor does not apply to: Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the a. "Bodily injury" or "property damage" for Event of Occurrence, Offense, Claim or Suit under -- i iiiii !!!!!!!!!!!! which the vendor is obligated to pay damages by reason of the assumption of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: liability in a contract or agreement; however The requirements under this paragraph do not apply - this exclusion does not apply to liability for damages that the vendor would have in the until after the "occurrence" or offense is known to: 1. You, if you are an individual; -- i iiiiiiii !!!!!!!!!! b. absence of the contract or agreement; Any express warranty unauthorized by you; 2. A partner, if you are a partnership; -- - Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 9 INSURED'S COPY 3. An "executive officer" or insurance manager, if 3. You have assumed the liability of that person or you are a corporation; organization in that same contract, and it is an 4. Your members, managers or insurance "insured contract". manager, if you are a limited liability company; The section above only applies to that person or or organization identified above, and only if the "bodily 5. Your elected or appointed officials, officers, injury" or "property damage" occurs subsequent to members, trustees, board members, commis- the execution of the written contract or written sion members, agency members, or your agreement. administrator or your insurance manager if you Liberalization are an organization other than a partnership, The following condition is added to SECTION IV_ joint venture, or limited liability company. COMMERCIAL GENERAL LIABILITY CONDITIONS: Primary and Non-Contributory Provision If we revise this Coverage Part to provide more The following is added to Paragraph 4. Other Insur- coverage without additional premium charge, sub- ance, b. Excess Insurance under SECTION IV - ject to our filed company rules, your policy will COMMERCIAL GENERAL LIABILITY CONDITIONS: automatically provide the additional coverage as of This insurance is primary to and we will not seek the day the revision is effective in your state. contribution from any other insurance available to Two or More Coverage Parts or Policies Issued By an additional insured under this policy provided Us that: (This provision is not Applicable in the state of New (1) The additional insured is a Named Insured York or Wisconsin). under such other insurance; and The following condition is added to SECTION IV • (2) You have agreed in a written contract, written COMMERCIAL GENERAL LIABILITY CONDITIONS: agreement or written permit that this insurance It is our intention that the various coverage parts or would be primary and would not seek contri- policies issued to you by us, or any company bution from any other insurance available to the affiliated with us, do not provide any duplication or additional insured. overlap of coverage. We have exercised diligence to Unintentional Failure To Disclose Hazards draft our coverage parts and policies to reflect this The following is added to Paragraph 6. intention. However, if the facts and circumstances Representations under SECTION IV - COMMERCIAL that will respond to any claim or "suit" give rise to GENERAL LIABILITY CONDITIONS: actual or claimed duplication or overlap of coverage between the various coverage parts or policies However, if you should unintentionally fail to issued to you by us or any company affiliated with disclose any existing hazards in your representa- us, the limit of insurance under all such coverage tions to us at the inception date of the policy, or parts or policies combined shall not exceed the during the policy period in connection with any highest applicable limit under this coverage, or any additional hazards, we shall not deny coverage one of the other coverage forms or policies. under this Coverage Part based upon such failure to disclose hazards. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as Waiver Of Transfer Of Rights Of Recovery excess insurance over this coverage part or policy The following is added to Paragraph 8. Transfer of to which this coverage part is attached. Rights Of Recovery Against Others To Us under SECTION V- DEFINITIONS SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: Discrimination We will waive any right of recovery we may have (This provision does not apply in New York). against a person or organization because of pay- A. The following is added to Definition 14. "Per- ments we make for "bodily injury" or "property sonal and advertising injury": damage" arising out of your ongoing operations or "Personal and advertising injury" also means "your work" done under a written contract or written "discrimination" that results in injury to the agreement and included in the "products-completed feelings or reputation of a natural person, how- operations hazard", if: ever only if such "discrimination" or humiliation 1. You have agreed to waive any right of recovery is: against that person or organization in a written 1. Not done by or at the direction of: contract or written agreement; a. The insured; or 2. Such person or organization is an additional insured on your policy; or Copyright, 2018 Selective Insurance Company ~f America. All righ_ts ~eserved_. . CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its perm1ss1on. Page 8 of 9 INSURED'S COPY b. Anyone considered an insured under b. Loss of, loss of use of, damage to, SECTION II· WHO IS AN INSURED; corruption of, inability to access, or inability 2. Not done intentionally to cause harm to to properly manipulate "electronic data", re- another person. sulting from physical injury to tangible property. All such loss of "electronic data" 3. Not directly or indirectly related to the em- shall be deemed to occur at the time of the ployment, prospective employment or termi- "occurrence" that caused it. nation of employment of any person or persons by any insured. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic 4. Not arising out of any "advertisement" by data" is not tangible property. the insured. Employee Amendment B. The following definition is added to SECTION V • DEFINITIONS: Definition 5. "Employee" under SECTION V - DEFINI- TIONS is deleted in its entirety and replaced by the "Discrimination" means: following: a. Any act or conduct that would be considered 5. "Employee" includes a "leased worker", or a discrimination under any applicable federal, "temporary worker". If you are a School, state, or local statute, ordinance or law; "Employee" also includes a student teacher. b. Any act or conduct that results in disparate Golfing Facility treatment of, or has disparate impact on, a person, because of that person's race, The following definition is added to SECTION V • DEFINITIONS: religion, gender, sexual orientation, age, disability or physical impairment; or "Golfing facility" means a golf course, golf club, driving range, or miniature golf course. l':1 c. Any act or conduct characterized or inter- preted as discrimination by a person based Mental Anguish Amendment i "' on that person's race, religion, gender, sexual orientation, age, disability or physi- {This provision does not apply in New York). Definition 3. "Bodily injury" under SECTION V. I C) cal impairment. It does not include acts or conduct character- DEFINITIONS is deleted in its entirety and replaced with the following: ized or interpreted as sexual intimidation or 3. "Bodily injury" means bodily injury, sickness or sexual harassment, or intimidation or harass- disease sustained by a person, including death ment based on a person's gender. resulting from any of these at any time. This Electronic Data includes mental anguish resulting from any The following definition is added to SECTION V - bodily injury, sickness or disease sustained by a DEFINITIONS: person. (In New York, mental anguish has been determined to be "bodily injury"). "Electronic data" means information, facts or programs stored as or on, created or used on, or Not-for-profit Member transmitted to or from computer software, including The following definition is added to SECTION V - systems and applications software, hard or floppy DEFINITIONS: disks, CD-ROMS, tapes, drives, cell, data pro- cessing devices or any other media which are used "Not-for-profit member" means a person who is a member of a not-for-profit organization, including with electronically controlled equipment. For the clubs and churches, who receives no financial or purpose of the Electronic Data Liability coverage other compensation. provided by this endorsement, Definition 17. "Prop- erty damage" is deleted in its entirety and replaced by the following: -- -- iiiiiiii 17. "Property damage" means: - !!!!!!!!!!!! a. Physical injury to tangible property, includ- -- ; ;;;;; ing all resulting loss of use of that property. All such loss of use shall be deemed to -- i iiiii !!!!!!!!!!!! occur at the time of the physical injury that caused it; or ;;;;;; == iiiiiiii -- --- Copyright, 2018 Selective Insurance Company of America. All rights reserved. CG 73 00 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 9 INSURED'S COPY Coverage Provided By: lncompass Michigan Workers' Compensation Fund A Michigan Bureau of Workers' Disability Compensation Approved Self-Insurers Group Group Member: GoodTemps, Inc. 271 Apple Avenue Muskegon, MI 49442 Attn: Rick Snellenberger This is to certify that the coverage listed below has been issued by the Named Above for the Group Member and period referenced on the certificate. Coverage provided is subject to the terms and conditions of the Group's by-laws, operating procedures, indemnity agreement and other governing documents. Should this coverage be canceled before its indicated expiration date, we will endeavor to mail thirty days written notice to the named certificate holdei, but failure to mail such notice shall impose no obligation of liability of any kind upon the group, its agents or representatives. Coverage Period: January 1, 2020 through December 31, 2020 Coverage Provided: Those obligations required by Public Act 317 of 1969, as Amended, otherwise known as the State of Michigan Workers' Disability Act of 1969. Excess Insurance Provided By: Midwest Employers Casualty Company Policy#: EWC005229 Terms: Specific Excess: Statutory excess of $500,000 SIR Aggregate: $5,000,000 excess of 67.06% of Normal Premium Employers Liability: $1,000,000 per occunence excess of $500,000 SIR. Certificate Holder: City of Muskegon Engineering Department PO Box 0536 Muskegon, MI49443-0536 2/20/20 Date Authorized Representative Coverage Provided By: Incompass Michigan Workers' Compensation Fund A Michigan Bureau of Workers' Disability Compensation Approved Self-Insurers Group Group Member: Goodwill Industries of West Michigan 271 E. Apple Avenue Muskegon, MI 49442 Attn: Rick Snellenberger This is to certify that the coverage listed below has been issued by the Named Above for the Group Member and period referenced on the certificate. Coverage provided is subject to the terms and conditions of the Group's by-laws, operating procedures, indemnity agreement and other governing documents. Should this coverage be canceled before its indicated expiration date, we will endeavor to mail thirty days written notice to the named certificate holder, but failure to mail such notice shall impose no obligation of liability of any kind upon the grot1p, its agents or representatives. Coverage Period: January 1, 2020 through December 31, 2020 Coverage Provided: Those obligations required by Public Act 317 of 1969, as Amended, otherwise known as the State of Michigan Workers' Disability Act of 1969. Excess Insurance Provided By: Midwest Employers Casualty Company Policy#: EWC005229 Terms: Specific Excess: Statutory excess of $500,000 SIR Aggregate: $5,000,000 excess of 67.06% of Normal Premium Employers Liability: $1,000,000 per occurrence excess of $500,000 SIR. Certificate Holder: City of Muskegon Engineering Department PO Box 0536 Muskegon,MI49443-0536 2/20/20 Date Authorized Representative ATTORNEY APPROVAL LETTER Visit60I Terrace Street, Muskegon, Ml 49440 PARMENTER Mnll PO Box 786, Muskeaon, Ml 49443-0786 Webwww.parmenterlaw.com LAW February 26, 2020 Christy Cashin Engineering Department 1350 E. Keating Muskegon, Ml 49442 Re: Janitorial Services 2020-2023 Contract Dear Ms. Cashin: The contract with Goodwill Industries of West Michigan appears to be complete, subject to execution by the City of Muskegon. I did not see approval of insurance coverage by the City's insurance carrier. The original of the agreement is being returned to you with this letter. Direct P: (231) 722-5401 Direct F: (231) 722-5501 Email: john@parmenterlaw.com Enclosure City of Muskegon 2020-22 Janitorial Services 2.3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we Goodwill Industries of West Michigan ' '------------------ as Principal, and Selective Insurance Company as SU!'ety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or assigns (hereinafter called the Obligee), in the full and just sum of One Hundred Forty Five Thousand Six Hundred and Sixty Eight dollars($ 145,668 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, said Principal has entered into a certain contract with Obligee, Dated _ _ _ _ _ _ _ _ , 20_ _, (hereinafter called the Contract) for: _ _ _ _ _ _ _ _ _ __ and the specifications for said work shall be deemed a pa1t hereof as fully as if set out herein: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: (a) If the Principal shall faithfully perform the Contract on his/her part, as of the time and in the manner therein provided; shall satisfy all claims and demands incmred in or for the same, or growing out of the same, or for it~ury or damages to persons or property in the performance thereof; shall fully indemnify and save harmless said Obligee from any and all cost and damage which the Obligee may suffer by reason of the Principal's failure to do so; and shall fully reimburse and par the Obligee any and all outlay and expense which it may occur by reason of such default; and (b) If, after completion and acceptance of the work by the Obligee, the Principal shall promptly remedy any defects in the work due to faulty materials or workmanship which shall appear within the period of one year from the date of completion and final acceptance of the work, and pay for any damage to said Obligee, to the State of Michigan, orto any municipal subdivision or local authority thereof to which the rights and privileges of said Obligee have passed or been assigned, then this obligation shall be null and void; otherwise it shall remain in full force and virtue. The said Smety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to the work to be performed thereunder, or to the specifications accompanying the same, shall in any wise affect its obligations on this Bond; and it does thereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work or specifications. It is hereby further stipulated and agreed that, if the Principal is a non-Michigan Corporation, neither the Principal nor the Surety shall be discharged from liability on this Bond, nor the bond sul'J'endered, until such Principal files with the Obligee a certificate from the Michigan Department of Revenue evidencing the payment in full of all taxes, penalties and/or interest, and a certificate from the Unemployment Compensation Commission evidencing the payment of all unemployment compensation contributions, penalties and/or interest, due the State of Michigan from said Principal, or any non-Michigan corporation, subcontractor thereunder, or for which liability has accmed but the time for payment has not arrived. 11/19/19 39 City of Muskegon 2020-22 Janitorial Services SIGNED, SEALED AND DELIVERED IN ORJGINAL COUNTERPARTS THIS _ _ _ _ _ _.DAY OF _ _ _ _ _ __, 20 _ _ . Individual Principals Sign Here: In the Presence of: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) _ _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) _ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL) Corporate Principals Sign Here: Attest: Jeanette Hoyer President & CEO (Printed Name and Title) (Printed Name) Surety Sign Here: Attest: (Printed Name and Title) (Printed Name) The rate of premium charge is $_______________ per thousand, The total amount of premium charged is$____________________ (to be filled in by the Corporate Surety) 11/19/19 40 Selective Insurance Company of America 40 Wantage Avenue, Bond SBU Branchville, New Jersey 07890 973-948-3000 Bond No. B 1226453 PERFORMANCE BOND KNOW ALL :MEN BY TIIESE PRESENTS, that (Here insert full name and address or legal title of Contractor) Goodwill Industries of West Michigan, Inc. of 271 E Apple Ave Muskegon, MI 49442 as Principal, hereinafter called Contractor, and, (Here insert full name and address of legal title of Surety) SELECTIVE INSURANCE COMPANY OF AMERICA, Wantage Avenue, Branchville, NJ 07890 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Muskegon 933 Terrace Street Muskegon, MI 49440 as Obligee, hereinafter called Owner, in the amount of One Hundred Forty Five Thousand Six Hundred Sixty Eight Dollars ($145,668.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated February 6th 2020 entered into a contract with Owner for Ja..,itorial and Carpet Cleaning Services in accordance with Drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, TIIEREFORE, TIIE CONDffiON OF TIIlS OBLIGATION Owner, and make available as Work progresses (even though there is such that, if Contractor shall promptly and faithfully perform said should he a default or a succession Contract then this obligation shall be null and void, otherwise it shall of defaults under the contract or contracts of completion arranged remain in full force and effect. under this paragraph) sufficient funds to pay the cost of completion The Surety hereby waives notice of any alteration or extension of less the balance of the contract price; but not exceeding, including other time made by the Owner. costs and damages for which the Surety may be liable hereunder, the Whenever Contractor shall be, aud declared by owner to be in amount set forth in the first paragraph, hereof. The term "balance of default under the Contract, the Owner having performed Owner's the contract price," as used in tbls paragraph, shall mean the total obligations thereunder and having provided Surety with notice of said amount payable by owner to Contractor Wlder the Contract and any default, the Surety may promptly remedy the default, or shall promptly amendments thereto, less the amount properly paid by Owner to 1) Complete the Contract in accordance with its tenns and Contractor. conditions, or Any suit Wlder this bond must be instituted before the expiration of 2) Obtain a bid or bids for completing the Contract in two (2) years from the date on which final payment under the Contract accordance with its terms and conditions, and upon determination by falls due. Surety of lhe lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest No right of action shall accrue on this bond to or for the use of any responsible bidder, arrange for n contract bel\vcen such bidder and person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and Sealed this 6th day of February , 2020 Goodwill Industries of West Michigan, Inc. (Witness) ---.,__ _ _ , f ~ ffe Selective Insurance Company of America (Surety) · (Seal) { 0¥im~,> ~_/LA_ y- (Title)Atto -Fact Laurie J Parker B207 (09/04) 1. City of Muskegon 2020-22 Janitorial Services 2.4 LABOR & MA TERIALMAN' S BOND KNOW ALL MEN BY THESE PRESENTS, that we, _ _ _ _ _ _ _ _ _ _ _ _ _ __ as Principal, a n d - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - as Surety, are held and firmly bound unto the City of Muskegon, its certain attorney, successors or assigns (hereinafter called the Obligee) in the penal sum of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ dollars($_ _ _ _ _ _~ lawful money of the United States, for the payment of which sum well and trnly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, said Principal has entered into a certain contract with said Obligee, dated_ _ _ _ _ _ _. 20_ _ _, (hereinafter called the Contract) for: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ and the specifications for said work shall be deemed a part hereof as fully as if set out herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal, all subcontractors to whom any portion of the work provided for in said Contt·act is sublet, and all assignees of said Principal and of such subcontractors, shall promptly make payment for all material furnished, labor supplied or performed, rental for equipment employed and services rendered by public utilities in or in connection with the prosecution of the work, whether or not said material, labor, equipment or services entered into become component parts of the work or improvement contemplated in said Contract, in any amendment, extension of, or addition to said Contract, then the above obligation shall be void; otherwise, it shall remain in full force and effect; PROVIDED, HOWEVER, that this Bond is subject to the following conditions and limitations: (a) All persons who have performed labor, rendered services or furnished materials or equipment, shall have a direct right of action against the Principal and Surety on this Bond, which right of action shall be asse1ied in proceedings instituted in the State in which such labor was performed, services rendered or materials furnished ( or where labor has been performed, services rendered or materials furnished under said Contract in more than one state, then in any such states). Insofar as permitted by the laws of such State, such right of action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the persons instituting such action and any or all other persons having claims hereunder; and any other person having a claim hereunder shall have the right to be made a patiy to such proceedings, but not later than one yeat' after the complete perfot'mance of said Contract and final settlement thereof, and to have such claim adjudicated in such action and judgment rendered thereon; PROVIDED HOWEVER, that the Obligee shall not be liable for the payment of any costs or expenses of any such suit. (b) The Surety shall not be liable hereunder for any damages or compensation recoverable under any workmen's compensation or employer's liability statute, (c) In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to any suit, action or proceeding thereon, that is instituted later than one year after the complete performance of said Contract and final settlement thereof, (d) As used herein: The term "Person" refers to any individual, firm or corporation which has furnished materials, equipment or public utility services to be used on or incorporated in the work, or the prosecution thereof, provided for in said Contract or any amendment, extension of, or addition to said Contract; and/or to any person engaged in the prosecution of the work provided for in said 11/19/19 41 City of Muskegon 2020-22 Janitorial Services Contract or any, extensions of, or addition to said Contract, who is an agent, servant or employee of the Principal or of any subcontractor, or any assignee of said Principal or any subcontractor; and also anyone so engaged who performs the work of a laborer or mechanic, regardless of any contractual relationship between the Principal or any subcontractor, or any assignee of said Principal or subcontractor and such laborer or mechanic; BUT shall not include office employees not regularly stationed at the site of the work. (e) It is hereby further stipulated and agreed that, if the Principal is a non-Michigan corporation, neither the Principal nor the Surety shall be discharged from liability on this Bond, nor the Bond smrendered, until such Principal files with the Obligee a certificate from the Michigan Department of Revenue evidencing the payment in full of all taxes, penalties and/or interest due the State of Michigan from the Principal, or any non-Michigan corporation, subcontractor thereunder, or for which liability has accrued but the time for payment has not arrived. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, to the work to be performed thereunder, or to the specifications accompanying the same, shall in any wise affect the obligations of this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work thereunder, or the specifications. SIGNED, SEALED AND DELIVERED IN ORIGINAL COUNTERPARTS THIS ----"~~-k....-------'DA Y OF Fb6rva.£:'1 ,20 to . Individual Principals Sign Here: (Printed Nnme and Address) (Printed Name and Address) Corporate Principals Sign Here: Attest: (Printed Name and Tille) (Printed Name) Surety Sign Here: Attest: (Printed Name and Title) (Printed Name) 11/19/19 42 Selective Insurance Company of America 40 Wantage .Avenue, Bond SBU Branchville, New Jersey 07890 973-948-3000 Bond No. B 1226453 LABOR AND MATERIAL PAYMENT BOND TIIlS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY TIIBSE PRESENTS, that (Here insert full name and address or legal title of Contractor) Goodwill Industries of West Michigan, Inc. of 271 E Apple Ave Muskegon, MI 49442 as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) SELECTIVE INSURANCE COMPANY OF AMERICA, Wantage Avenue, Branchville, NJ 07890 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Muskegon 933 Terrace Street Muskegon, MI 49440 . as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinhelow defined, in the amount of One Hundred Forty Five Thousand Six Hundred Sixty Eight Dollar& (S145,668.00) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Februa1·y 6th 2020 entered into a contract with Owner for Janitorial and Carpet Cleaning Services in accordance with Drawings and specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a pa11 hereof, and is hereinafter referred to as the Contract. NOW, TIIEREFORE, TIIE CONDIDON OF nns OBUOATION is (90) days after such claimant did or performed the last of the work or such that, if Principal shall promptly make payment to all claimants as labor, or furnished the last of the materials for which said claim is made, hereinafter defined, for all labor and material used or reasonably stating with substantial accuracy the amount claimed and the name of the required for use in the performance of the contract, then this party to whom the materials were furnished, or for whom the work or obligation shall be void; otherwise it shall remain in full force and labor was done or performed, such notice shall be served by mailing the effect, subject, however, to the following conditions: same by registered mail or certified mail, postage.prepaid, in an envelope 1. A claimant is defined as one having a direct contract with the addressed to the Principal, Owner or Surety, at any place where an Principal or with a Subcontractor of the Principal for labor, material, office is regularly maintained for the transaction of business or served or both, used or reasonably required for use in the performance of In any manner in which legal process may be served in the state in which the Contract, labor and material being construed to include that part the aforesaid project is located, save that such service need not be made of water, gas, power, light, beat, oil, gasoline, telephone service or by a public officer. rental of equipment directly applicable to the Contract. b) After the expiration of one (I) year after the day ou which the 2. The above named Principal and Surety hereby jointly and last of the labor was performed or material was supplied by claimant, it severally agree with the Owner that every claimant as herein being understood, however, that if any limitation embodied in this bond defined, who has not been paid in full before the expiration of a is prohibited by any law controlling the construction hereof such period of ninety (90) days after the date on which the last of such limitation shall be deemed to be amended so as to be equal to the claimant's work or labor was done or performed, or materials were minimum period of limitation permitted by such law: furnished by such claimant, may sue on this bond for the use of c) Other than in a state court of competent jurisdiction in 11nd for such claimant, prosecute the suit to final judgment for such sum or the county or other political subdivision of the state in which the Project, sums as may be justly due claimant, and have execution thereon, The or any part thereof, is situated, or in the United States District Court owner shall not be liable for the payment of any costs or expenses of for the district in which the project, or any part thereof, Is situated, and any such suit. not elsewhere. 3. No suit or action shall be commenced hereunder by any claimant: 4. The amount of this bond shall be reduced by and to the extent a) Unless claimant, other than one having a direct contract with the of any payment or payments made in good faith hereunder, inclusive of Principal, shall have given wiitten notice to any two of the following: the payment by Surely of mechanics' liens which may be filed of record the Principal, the Owner, or the Surety above named, within ninety against said Improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and Sealed this 6th day of February , 2020 ft.➔ J-A=J.___,. ~117.C-- Goodwill Industries of West Michigan, Inc. (Principal) (Seal) (WR,=) { -~ ~~ n_~ . B207 (09/04) 2. Selective Insurance Company of America SELECTIVE 40 Wantage Avenue Branchville, New Jersey 07890 BondNo.B 1226453 BE UNIQUELY INSURED"·' 973-948-3000 POWER OF ATTORNEY SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40 Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article VII, Section 1 of its By-Laws, which state in pertinent part: The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. does hereby appoint Laurie J Parker , its true and lawful attorney(s)-in:fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents ofa similar character issued by SICA in the course of its business, and to bind SICA thereby as fully as if such instruments had been duly executed by SICA's regularly elected officers at its principal office, in amounts or penalties not exceeding the sum of: One Hundred Forty Five Thousand Six Hundred Sixty Eight Dollars ($145,668.00) Signed this 6th day of February,~ SELECTIVE INSURANCE COMPANY OF A By:_r-----------------4--'--------ffiiit\\--:._....,, Brian C. Sarisky Its SVP, Sh·ategic Business Units, Comm STATE OF NEW JERSEY : :ss, Branchville COUNTY OF SUSSEX On this 61h day of February, 2020 before me, the undersigned officer, personally appeared Brian q11 Sa1isk8, who acknowledged himself to be the Sr. Vice President of SICA, and that he, as such Sr. Vice President, bei~Ml-6.;etf@'jR,., do, executed the foregoing instrument for the purposes therein contained, by signing the name of the c~\W!f>~. ~ as Sr. Vice President and that the same was his free act and deed a the free act and deed of SICA. ffo_.· ~oTAty;- -._~~ Charlene Kimble ~ : : : Notary Public of New Je~y . -;.~ \ ..ous\.f' / } Mv, Comml»ion Explres 612/2021 Notary Public .... •. • ,,.,,,,11,,,i::,\;: •,}4. ,.:- • 'h'=>'°''',' ._ l'I' JC:P ,,,, The power of attorney is signed and sealed by facsimile under and by the authority of the following Resolutl6iH1dupted by the Board of Directors of SICA at a meeting duly called and held on the 6th of February 1987, to wit: "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a facsimile corporate seal, facsimile signatures ofcorporate officers and notarial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a bond, recognizance or conditional undertaking." CERTIFICATION I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By-Laws and Reso force and effect and this Power of Attorney issued pursuant to and in accordance with the By-Laws is val' .:::,;; Signed this 6th day of February , ~ ~~tt~~-7...J. i Impo1tant Notice: If the bond number embedded within the Notary Seal does not match the number in the upper right-hand comer of this Power of Attorney, contact us at 973-948-3000. Selective Insurance Company of America SELECTIVE 40 Wantage Avenue BE UNIQUELY INSURED'" Branchville, New Jersey 07890 BondNo.B 1226453 973-948-3000 POWER OF ATTORNEY SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40 Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article VII, Section 1 of its By-Laws, which state in pertinent part: The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. does hereby appoint Laurie J Parker , its true and lawful attorney(s)-in-fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents ofa similar character issued by SICA in the course of its business, and to bind SICA thereby as fully as if such instruments had been duly executed by SICA's regularly elected officers at its principal office, in amounts or penalties not exceeding the sum of: One Hundred Forty Five Thousand Six Hundred Sixty Eight Dollars (S145,668.00) Signed this 6th day of February .~ SELECTIVE INSURANCE COMP ANY OF A •) By:_,,___ _ ____,_,_,_..___ _ _ _ _ _--,--_.., Bnan . ans Its SVP, Strategic Business Units, Comm STATE OF NEW JERSEY : :ss. Branchville COUNTY OF SUSSEX On this 6th day of February, 2020 before me, the undersigned officer, personally appeared Brian ~ 1,~ris~ 1 who acknowledged himself to be the Sr. Vice President of SICA, and that he, as such Sr. Vice President, bei~~§.;~~1?~~ do, executed the foregoing instrument for the purposes therein contained, by signing the name of the c ~ ~ ® ~ as Sr. Vice President and that the same was his free act and deed a the free act and deed of SICA. f o.: ~oTAf?;- \\1\ ~ Charlene Kimble , :: : - ,- : = 0 Notary Public of New Jersey . \ \. '°Us\., / } My CommlJSion Expires 612/2021 Notary Pubhc ', •·, ,,,,,,1\1,c:-;;: • .:.1.. ,' •~o,<::,«-~-' ~ ~l' J~P \,, The power of attorney is signed and sealed by facsimile under and by the authority of the following Resolutf6H 'illlt!pte'c! by the Board of Directors of SICA at a meeting duly called and held on the 6th ofFebruary 1987, to wit: "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a bond, recognizance or conditional undertaking." CERTIFICATION I do hereby ce11ify as SICA's Corporate Secretary that the foregoing extract of SICA's By-Laws and R force and effect and this Power of Attorney issued pursuant to and in accordance with the By-Laws i Signed this 6th day of Febrnary , 2020 . Important Notice: If the bond nwnber embedded within the Notary Seal does not match the number in the upper right-hand comer of this Power of Attorney, contact us at 973-948-3000. ♦ SELECTIVE® Selective Insurance Company of America BondNo.B 1226453 40 Wantage Avenue Branchville, New Jersey 07890 973-948-3000 STATEMENT OF FINANCIAL CONDITION Class B Performance Bond I hereby certify that the following information is contained in the Annual Statement of Selective Insurance Company of America ("SICA") to the New Jersey Department of Banking and Insurance as of December 31, 2018: ADMITTED ASSETS (in thousands) LIABILITIES AND SURPLUS (in thousands) Bonds $1,645,203 Reserve for losses and loss expenses $1,067,538 Preferred stocks at convention value 15,958 Reserve for unearned premiums 407,747 Provision for unauthorized Common stocks at convention values 108,870 reinsurance 613 Subsidiary common stock at Commissions payable and convention values 0 contingent commissions 28,217 Short-term investments 118,739 Other accrued expenses 27,209 Mortgage loans on real estate (including collateral loans) 32,517 Other liabilities 375,544 1,906,868 Other invested assets 104,132 Total liabilities Interest and dividends due or accrued 13,554 Premiums receivable 378,538 Surplus as regards policyholders Other admitted assets 122,160 Total liabilities and surplus as Total admitted assets 2,532 611 regards policyholders 2.532.671 I further certify that the following is a true and exact excerpt from Article VII, Section 1 of the By-Laws of SICA, which is still valid and existing. The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee · such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. IN WITNESS WHEREOF, I hereunto subscribe my name and a STATE OF NEW JERSEY : :ss, Branchville COUNTY OF SUSSEX Selective Insurance Company of America 40 Wantage Avenue BondNumberB 1226453 Branchville, New Jersey 07890 973-948-3000 SURETY DISCLOSURE STATEMENT AND CERTIFICATION Selective Insurance Company of America, surety on the attached bond, hereby certifies the following: (]) The surety meets the applicable capital and surplus requirements ofR.S. 17: 17-6 or R.S. 17: 17-7 as of the surety's most current annual filing with the New Jersey Department of Banking and Insurance. (2) The capital and surplus, as determined in accordance with the applicable laws of the State of New Jersey, of the surety issuing the attached bond are in the following amounts as of the calendar year ended December 31, 2018, which amounts have been certified by certified public accountants: Company Capital Surplus CPA Selective Inslll'ance $4,400,000 $632,803,000 KPMGLLP Company of America 345 Park Avenue New York, NY 10154 (3) With respect to the surety issuing the attached bond that has received from the United States Secretary of the Treasury a certificate of authority pursuant to 31 U.S.C. sec 9305, the underwriting limitation established therein and the date as of which the limitation was effective is as follows: Company Underwriting Limitation Effective Date Selective Insurance $63,280,000 July 1, 2019 Company of America (4) The amount ofthe bond to which this statement and certification is attached is $ 145,668.00 CERTIFICATE (To be completed by an authorized certifying agent/officer for each surety on the bond) I, Timothy A. Marchio, as Vice President, Bond SBU for Selective Insurance Company of America, a corporation domiciled in New Jersey, DO HEREBY CERTIFY that, to the best ofmy knowledge, the foregoing statements made by me are true, and ACKNOWLEDGE that, if any of those statements are false, this bond is VOIDABLE. Timothy A. Marchio (Printed name of certifying agent/officer) Vice President Bond SBU (Title of certifying agent/officer) Dated: February 6th 2020 (month, day, year) B-98 (7/19) Muskegon Police Department Security Awareness Acknowledgment for Personnel with only Physical Access to Physically Secure Locations I, _ _ _ _ _ _ _ _ , have read the following, or have had it read and explained to me, and understand and agree that: My duties require me to work or be present in areas where Criminal Justice Information (Cn) may be seen. I realize that this information is sensitive in nature and will not discuss or reveal any en to anyone. en refers to state and federal criminal justice data, which may include case/incident information, identity information (including fingerprints and other forms of biometric data), and prope1ty (such as vehicle or firearm) data. Access to or use of CJI (such as viewing, reading, copying, sharing) is strictly limited to official purposes, specifically the administration of criminal justice. The term "administration of criminal justice" is defined in the CJIS Security Policy as: "Administration of criminal justice" means the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, conectional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage, and dissemination of criminal history record inf01mation; and criminal justice employment. In addition, administration of criminal justice includes "crime preventions programs" to the extent access to criminal history record information is limited to law enforcement agencies for law enforcement programs (e.g. record checks of individuals who pmticipate in Neighborhood Watch or "safe house" programs) and results of such checks will not be disseminated outside the law enforcement agency. My work-related duties, as defined by my employer and understood by me, do not in any way involve the administration of criminal justice, as defined above. In the course of my work-related duties, I may see or learn of (as by hearing mention of) en. Because I have no responsibility or authority for handling CJI, I will not access, use, view, copy, disseminate, or disclose (in writing or in conversation) en, nor will I take pa1t in the physical destruction of en. I am aware that doing so would be considered misuse of en. I further understand that misuse of en is not limited to situations in which the CJI is used by me or others for purposes or in a manner that could be punished under the criminal laws of the state or of the United States. I acknowledge that misuse of CJI may subject me to administrative action (such as termination of employment or contract), civil penalties and/or criminal penalties. I agree and conunit that if I hear, see, or otherwise become aware of actual or potential misuse of CJI, or of a situation that may cause or contribute to the misuse of en, I will promptly rep01t same to the Muskegon Police Department. I agree and commit that I will not allow, by action or inaction, the unescorted entry into any secme (protected) area by anyone who is not known to me to be authorized to enter such area. I have read and understand the info1mation above regarding the importance of protecting CJI, and have asked and received a satisfactory answer to any questions I had concerning the duties and restrictions imposed on me with respect to CJI. (Signature ofNon-CnS Employee) (Date) I hereby confirm that the above signed individual has read the above document ( or had it read to him or her), and been given the opp01tunity to ask questions. I have answered any questions and/or clarified any issues he or she posed regarding information security requirements. (Signature of Criminal Justice Agency Representative) (Date) Muskegon Police Depa1tment MI6160300 (Criminal Justice Agency) (ORI)
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