West Park Bandshell Demolition Addendum 1

CITY OF ANN ARBOR
INVITATION TO BID
WEST PARK BANDSHELL DEMOLITION
ITB No. 4791
Due Date: JULY 9, 2026 at 2:00 PM (Local Time)
City of Ann Arbor
Community Services Area/ Parks and Recreation Services
Issued By:
City of Ann Arbor
Procurement Unit
301 E. Huron Street
Ann Arbor, MI 48104

TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS .................................................................................................................... 3
INVITATION TO BID ..................................................................................................................................... 9
BID FORMS ................................................................................................................................................ 12
CONTRACT ................................................................................................................................................ 18
BOND FORMS ............................................................................................................................................ 24
GENERAL CONDITIONS ........................................................................................................................... 27
STANDARD SPECIFICATIONS ................................................................................................................. 45
DETAILED SPECIFICATIONS ................................................................................................................... 46
ATTACHMENTS
City of Ann Arbor Vendor Conflict of Interest Disclosure Form
City of Ann Arbor Non-Discrimination Ordinance Declaration Form and Notice
City of Ann Arbor Living Wage Ordinance Declaration of Compliance and Notice
City of Ann Arbor Prevailing Wage Declaration of Compliance
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INSTRUCTIONS TO BIDDERS
General
The purpose of this Invitation to Bid (ITB) is to select a firm to provide construction services for
the demolition of the West Park Bandshell. Work for this project involves the removal of the
existing park shelter, wood retaining wall and stamped concrete path, as well as installation of a
new HMA path and landscaping.
Work to be done under this Contract is generally described through the detailed specifications
and must be completed fully in accordance with the contract documents. All work to be done
under this Contract is located in or near the City of Ann Arbor and should completed within 224
days from the Notice to Proceed. Liquidated damages of five hundred dollars per day ($500/day)
will apply.
Any Bid which does not conform fully to these instructions may be rejected.
Preparation of Bids
Bids should be prepared providing a straight-forward, concise description of the Bidder's ability to
meet the requirements of the ITB. Bids shall be written in ink or typewritten. No erasures are
permitted. Mistakes may be crossed out and corrected and must be initialed and dated in ink by
the person signing the Bid.
Bids must be submitted on the "Bid Forms" provided with each blank properly filled in. If forms
are not fully completed it may disqualify the bid. No alternative bid will be considered unless
alternative bids are specifically requested. If alternatives are requested, any deviation from the
specification must be fully described, in detail on the "Alternate" section of Bid form.
Each person signing the Bid certifies that he/she is the person in the Bidder's firm/organization
responsible for the decision as to the fees being offered in the Bid and has not and will not
participated in any action contrary to the terms of this provision.
Bid Security
Each bid must be accompanied by a certified check or Bid Bond by a surety licensed and
authorized to do business within the State of Michigan, in the amount of 5% of the total of the bid
price.
Questions or Clarification / Designated City Contacts
All questions regarding this ITB shall be submitted via email. Emailed questions and inquires will
be accepted from any and all prospective Bidders in accordance with the terms and conditions of
the ITB.
All questions shall be due on or before June 29, 2026 @ 5:00 p.m. and should be addressed as
follows:
Specification/Scope of Work questions emailed to Madison Merzlyakov,
mmerzlyakov@a2gov.org
Bid Process and Compliance questions emailed to Colin Spencer, CSpencer@a2gov.org
Any error, omissions or discrepancies in the specification discovered by a prospective contractor
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and/or service provider shall be brought to the attention of Colin Spencer at cspencer@a2gov.org
after discovery as possible. Further, the contractor and/or service provider shall not be allowed
to take advantage of errors, omissions or discrepancies in the specifications.
Addenda
If it becomes necessary to revise any part of the ITB, notice of the Addendum will be posted to
Michigan Inter-governmental Trade Network (MITN) www.mitn.info and/or City of Ann Arbor web
site www.A2gov.org for all parties to download.
Each Bidder must in its Bid, to avoid any miscommunications, acknowledge all addenda which it
has received, but the failure of a Bidder to receive, or acknowledge receipt of; any addenda shall
not relieve the Bidder of the responsibility for complying with the terms thereof.
The City will not be bound by oral responses to inquiries or written responses other than written
addenda.
Bid Submission
All Bids are due and must be delivered to the City of Ann Arbor Procurement Unit on or before
July 9, 2026, at 2:00 p.m. (Local time). Bids submitted late or via oral, telephonic, telegraphic,
electronic mail or facsimile will not be considered or accepted.
Each Bidder must submit one (1) original Bid, one (1) Bid copy and one (1) USB drive that
contains a scanned copy of the paper bid submission in a sealed envelope clearly marked:
ITB No. 4791 - West Park Bandshell Demolition.
Bids must be addressed and delivered to:
City of Ann Arbor
Procurement Unit,
c/o Customer Services, 1st Floor
301 East Huron Street
Ann Arbor, MI 48104
All Bids received on or before the Due Date will be publicly opened and recorded immediately.
No immediate decisions are rendered.
The following forms provided within this ITB Document should be included in
submitted bids.
* Vendor Conflict of Interest Disclosure Form
* City of Ann Arbor Non-Discrimination Ordinance Declaration of Compliance
* City of Ann Arbor Living Wage Ordinance Declaration of Compliance
* City of Ann Arbor Prevailing Wage Declaration of Compliance
Bids that fail to provide these forms listed above upon bid opening may be rejected
as non-responsive and may not be considered for award.
Hand delivered bids may be dropped off to City Customer Service or in the Purchasing drop box
located in the Ann Street (north) vestibule/entrance of City Hall which is open to the public Monday
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through Friday from 8am to 5pm (except holidays). The City will not be liable to any Bidder for
any unforeseen circumstances, delivery or postal delays. Postmarking to the Due Date will not
substitute for receipt of the Bid. Each Bidder is responsible for submission of their Bid.
Additional time for submission of bids past the stated due date and time will not be granted to a
single Bidder; however, additional time may be granted to all Bidders when the City determines
in its sole discretion that circumstances warrant it.
Award
The City intends to award a Contract(s) to the lowest responsible Bidder(s). On multi-divisional
contracts, separate divisions may be awarded to separate Bidders. The City may also utilize
alternatives offered in the Bid Forms, if any, to determine the lowest responsible Bidder on each
division, and award multiple divisions to a single Bidder, so that the lowest total cost is achieved
for the City. For unit price bids, the Contract will be awarded based upon the unit prices and the
lump sum prices stated by the bidder for the work items specified in the bid documents, with
consideration given to any alternates selected by the City. If the City determines that the unit price
for any item is materially different for the work item bid than either other bidders or the general
market, the City, in its sole discretion, in addition to any other right it may have, may reject the bid
as not responsible or non-conforming.
The acceptability of major subcontractors will be considered in determining if a Bidder is
responsible. In comparing Bids, the City will give consideration to alternate Bids for items listed
in the bid forms. All key staff and subcontractors are subject to the approval by the City.
Official Documents
The City of Ann Arbor officially distributes bid documents from the Procurement Unit or through
the Michigan Intergovernmental Trade Network (MITN). Copies of the bid documents obtained
from any other source are not Official copies. Addenda and other bid information will only be
posted to these official distribution sites. If you obtained City of Ann Arbor Bid documents from
other sources, it is recommended that you register on www.MITN.info and obtain an official Bid.
Taxes
Municipalities are exempt from Michigan State Sales and Federal Excise taxes. Do not include
such taxes in the bid figure(s). The City will furnish the successful bidder with tax exemption
certificates when requested.
Withdrawal of Bids
After the time of opening, no Bid may be withdrawn for the period of one-hundred and twenty
(120) days.
Contract Time
Time is of the essence in the performance of the work under this Contract. The available time for
work under this Contract is indicated on page C-2, Article III of the Contract. If these time
requirements cannot be met, the Bidder must stipulate on Bid Form Section 3 - Time Alternate its
schedule for performance of the work. Consideration will be given to time in evaluating bids.
Liquidated Damages
A liquidated damages clause, as given on page C-2, Article III of the Contract, provides that the
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Contractor shall pay the City as liquidated damages, and not as a penalty, a sum certain per day
for each and every day that the Contractor may be in default of completion of the specified work,
within the time(s) stated in the Contract, or written extensions.
Liquidated damages clauses, as given in the General Conditions, provide further that the City
shall be entitled to impose and recover liquidated damages for breach of the obligations under
Chapter 112 of the City Code.
The liquidated damages are for the non-quantifiable aspects of any of the previously identified
events and do not cover actual damages that can be shown or quantified nor are they intended
to preclude recovery of actual damages in addition to the recovery of liquidated damages.
Non-Discrimination Requirements
All contractors proposing to do business with the City shall satisfy the non-discrimination
administrative policy adopted by the City Administrator in accordance with the Section 9:158 of
the Ann Arbor City Code. Breach of the obligation not to discriminate shall be a material breach
of the contract. Contractors are required to post a copy of Ann Arbor's Non-Discrimination
Ordinance attached at all work locations where its employees provide services under a contract
with the City.
Wage Requirements
The Attachments provided herein outline the requirements for payment of prevailing wages or of
a "living wage" to employees providing service to the City under this contract. The successful
bidder must comply with all applicable requirements and provide documentary proof of
compliance when requested.
Pursuant to Resolution R-16-469 all public improvement contractors are subject to prevailing
wage and will be required to provide to the City payroll records sufficient to demonstrate
compliance with the prevailing wage requirements. Use of Michigan Department of Transportation
Prevailing Wage Forms (sample attached hereto) or a City-approved equivalent will be required
along with wage rate interviews.
For laborers whose wage level are subject to federal, state and/or local prevailing wage law the
appropriate Davis-Bacon wage rate classification is identified based upon the work including
within this contract. The wage determination(s) current on the date 10 days before
responses are due shall apply to this contract. The U.S. Department of Labor (DOL) has
provided explanations to assist with classification in the following resource link: www.wdol.gov.
For the purposes of this RFP the Construction Type of Heavy will apply.
Conflict Of Interest Disclosure
The City of Ann Arbor Purchasing Policy requires that prospective Vendors complete a Conflict
of Interest Disclosure form. A contract may not be awarded to the selected Vendor unless and
until the Procurement Unit and the City Administrator have reviewed the Disclosure form and
determined that no conflict exists under applicable federal, state, or local law or administrative
regulation. Not every relationship or situation disclosed on the Disclosure Form may be a
disqualifying conflict. Depending on applicable law and regulations, some contracts may awarded
on the recommendation of the City Administrator after full disclosure, where such action is allowed
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by law, if demonstrated competitive pricing exists and/or it is determined the award is in the best
interest of the City. A copy of the Vendor Conflict of Interest Disclosure Form is attached.
Major Subcontractors
The Bidder shall identify each major subcontractor it expects to engage for this Contract if the
work to be subcontracted is 15% or more of the bid sum or over $50,000, whichever is less. The
Bidder also shall identify the work to be subcontracted to each major subcontractor. The Bidder
shall not change or replace a subcontractor without approval by the City.
Debarment
Submission of a Bid in response to this ITB is certification that the Bidder is not currently debarred,
suspended, proposed for debarment, and declared ineligible or voluntarily excluded from
participation in this transaction by any State or Federal departments or agency. Submission is
also agreement that the City will be notified of any changes in this status.
Disclosures
After bids are opened, all information in a submitter's bid is subjected to disclosure under the
provisions of Michigan Public Act No. 442 of 1976, as amended (MCL 15.231 et seq.) known as
the "Freedom of Information Act." The Freedom of Information Act also provides for the complete
disclosure of contracts and attachments thereto except where specifically exempted.
Bid Protest
All Bid protests must be in writing and filed with the Purchasing Agent within five (5) business
days of any notices of intent, including, but not exclusively, divisions on prequalification of bidders,
shortlisting of bidders, or a notice of intent to award. Only bidders who responded to the
solicitation may file a bid protest. The bidder must clearly state the reasons for the protest. If a
bidder contacts a City Service Area/Unit and indicates a desire to protest an award, the Service
Area/Unit shall refer the bidder to the Purchasing Agent. The Purchasing Agent will provide the
bidder with the appropriate instructions for filing the protest. The protest shall be reviewed by the
City Administrator or designee whose decision shall be final.
Any inquiries or requests regarding this procurement should be only submitted in writing to the
Designated City Contacts provided herein. Attempts by a bidder to initiate contact with anyone
other than the Designated City Contacts provided herein that the prospective bidder believes can
influence the procurement decision, e.g., Elected Officials, City Administrator, Selection
Committee Members, Appointed Committee Members, etc., may lead to immediate elimination
from further consideration.
Cost Liability
The City of Ann Arbor assumes no responsibility or liability for costs incurred by the Bidder prior
to the execution of a contract with the City. By submitting a bid, a bidder agrees to bear all costs
incurred or related to the preparation, submission and selection process for the bid.
Reservation of Rights
The City of Ann Arbor reserves the right to accept any bid or alternative bid proposed in whole or
in part, to reject any or all bids or alternatives bids in whole or in part and to waive irregularity
and/or informalities in any bid and to make the award in any manner deemed in the best interest
of the City.
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Environmental Commitment
The City of Ann Arbor recognizes its responsibility to minimize negative impacts on human health
and the environment while supporting a vibrant community and economy. The City further
recognizes that the products and services the City buys have inherent environmental and
economic impacts and that the City should make procurement decisions that embody, promote
and encourage the City's commitment to the environment.
The City strongly encourages potential vendors to bring forward tested, emerging, innovative, and
environmentally preferable products and services that are best suited to the City's environmental
principles. This includes products and services such as those with lower greenhouse gas
emissions, high recycled content, without toxic substances, those with high reusability or
recyclability, those that reduce the consumption of virgin materials, and those with low energy
intensity.
As part of its environmental commitment, the City reserves the right to award a contract to the
most responsive and responsible bidder, which includes bids that bring forward products or
services that help advance the City's environmental commitment. In addition, the City reserves
the right to request that all vendors report their annual greenhouse gas emissions, energy
consumption, miles traveled, or other relevant criteria in order to help the City more fully
understand the environmental impact of its procurement decisions.
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INVITATION TO BID
City of Ann Arbor
Guy C. Larcom Municipal Building
Ann Arbor, Michigan 48107
Ladies and Gentlemen:
The undersigned, as Bidder, declares that this Bid is made in good faith, without fraud or collusion
with any person or persons bidding on the same Contract; that this Bidder has carefully read and
examined the bid documents, including City Nondiscrimination requirements, Vendor Conflict of
Interest Form, Living Wage requirements, Prevailing Wage requirements, Instructions to Bidders,
Bid Forms, Purchase Order Terms and Conditions, General Conditions, Detailed Specifications,
and all Addenda, and understands them. The Bidder declares that it conducted a full investigation
of the work proposed and is fully informed as to the nature of the work and the conditions relating
to the work's performance.
The Bidder acknowledges that it has not received or relied upon any representations or warrants
of any nature whatsoever from the City of Ann Arbor, its agents or employees, and that this Bid
is based solely upon the Bidder's own independent business judgment.
In accordance with these bid documents, and Addenda numbered , the undersigned, as
Bidder, proposes to deliver to the City all product/services herein described for the amounts set
forth in the Bid Forms.
The Bidder declares that it has become fully familiar with the liquidated damage clauses for
completion times and for compliance with City Code Chapter 112, understands and agrees that
the liquidated damages are for the non-quantifiable aspects of non-compliance and do not cover
actual damages that may be shown and agrees that if awarded the Contract, all liquidated damage
clauses form part of the Contract.
Bidder further agrees that the cited provisions of Chapter 14 and Chapter 23 form a part of this
Contract.
The Bidder declares that it has become familiar with the City Conflict of Interest Disclosure Form
and certifies that the statement contained therein is true and correct.
The Bidder encloses a certified check or Bid Bond in the amount of 5% of the total of the Bid
Price. The Bidder agrees both to contract for the work and to furnish the necessary Bonds and
insurance documentation within 10 days after being notified of the acceptance of the Bid.
If this Bid is accepted by the City and the Bidder fails to contract and furnish the required Bonds
and insurance documentation within 10 days after being notified of the acceptance of this Bid,
then the Bidder shall be considered to have abandoned the Contract and the certified check or
Bid Bond accompanying this Bid shall become due and payable to the City.
If the Bidder enters into the Contract in accordance with this Bid, or if this Bid is rejected, then the
accompanying check or Bid Bond shall be returned to the Bidder.
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In submitting this Bid, it is understood that the right is reserved by the City to accept any Bid, to
reject any or all Bids, to waive irregularities and/or informalities in any Bid, and to make the award
in any manner the City believes to be in its best interest.
SIGNED THIS DAY OF , 202__.
_________________________ ___________________________
Bidder's Name Authorized Signature of Bidder
_________________________ ___________________________
Official Address (Print Name of Signer Above)
_________________________ ___________________________
Telephone Number Email Address for Award Notice
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