Bituminous Patching Material

CITY OF ANN ARBOR
INVITATION TO BID
Bituminous Patching Material
ITB No. 4792
Due Date: August 4, 2026 by 2:00 PM (Local Time)
Public Services / Public Works
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 7
SPECIFICATIONS 9
BID FORM 11
GENERAL CONDITIONS 12
ATTACHMENTS
City of Ann Arbor Standard Purchase Order Terms and Conditions
City of Ann Arbor Vendor Conflict of Interest Disclosure Form
City of Ann Arbor Non-Discrimination Ordinance Declaration Form and Notice
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INSTRUCTIONS TO BIDDERS
General
The City of Ann Arbor's Procurement Office is soliciting bids for the purchase of bituminous
patching material based on the specifications provided herein. The pricing provided for this ITB
shall be firm for two (2) years.
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 a clearly marked "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.
Questions or Clarifications / 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 July 24, 2026 by 1:00 p.m. (local time) and should be
addressed as follows:
Specification/Scope of Work questions emailed to Robert West, RWest@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
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.
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Bid Submission
All Bids are due and must be delivered to the City of Ann Arbor Procurement Unit on or
before August 4, 2026 by 2:00 p.m. (Local time).
Bids submitted late or via electronic mail (email), facsimile transmission, or submissions through
any system other than the City's designated secure digital file submission system outlined below
will not be considered or accepted.
Bidders shall submit their bid using either the paper submission method or the digital submission
method, but not both. If both are submitted, the City will consider the submission received via
digital submission to be the official bid unless the Bidder clearly identifies the replacement
submission prior to the bid due date and time.
Paper bids can 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
Each Bidder submitting a paper bid should submit one (1) original Bid and one (1) Bid copy in a
sealed envelope clearly marked: ITB No. 4792 - Bituminous Patching Material.
Hand delivered bids may be dropped off in the Purchasing drop box located in the Ann Street
(north) vestibule/entrance of City Hall which is open to the public Monday 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.
Digital bids can be submitted via:
https://sftp.a2gov.org/filedrop/BidProposalResponses
The City prefers digital bids as one complete PDF file but will accept multiple files in doc, docx,
xls, xlsx, ppt, pptx, png, gif, jpg, jpeg and pdf formats. Technical difficulties experienced by the
Bidder, including internet connectivity or upload issues, do not extend the submission deadline.
Bidders are solely responsible for allowing sufficient time to complete the upload process prior to
the bid due date and time. Each Bidder is responsible for submission of their bid.
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
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.
Additional time for submission of bids past the stated due date and time will not be granted to a
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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/Purchase Order to the lowest responsible Bidder(s)
providing the best value to the City. The City may, at its sole discretion, award line-by-line in the
best interest of value to the City.
Responsible bidder means a bid submitted, which conforms in all aspects of the requirements set
forth in the invitation to bid. All aspects could include references, past experience, past
performance, and qualifications.
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.
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.
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
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.
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.
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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 the award action. 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 the Offeror to initiate contact with anyone
other than the Designated City Contacts provided herein that the prospective Offeror 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.
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, 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 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.
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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LEGAL STATUS OF BIDDER
(The Bidder shall fill out the appropriate form and strike out the other three.)
Bidder declares that it is:
* A corporation organized and doing business under the laws of the State of
, for whom , bearing the office title
of , whose signature is affixed to this Bid, is authorized to execute contracts.
NOTE: If not incorporated in Michigan, please attach the corporation's Certificate of Authority
* A limited liability company doing business under the laws of the State of ___________,
whom ______________ bearing the title of _____________
whose signature is affixed to this proposal, is authorized to execute contract on behalf of the
LLC.
* A partnership, organized under the laws of the state of _____________ and filed in the county
of _____________, whose members are (list all members and the street and mailing address of
each) (attach separate sheet if necessary):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
* An individual, whose signature with address, is affixed to this Bid: ________________
(initial here)
Authorized Official
___________________________________________ Date ______________, 202_
(Print) Name _______________________________ Title _____________________________
Company: ____________________________________________________________________
Address: _____________________________________________________________________
Contact Phone ( ) ____________________ Fax ( ) ___________________________
Email _________________________________
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SPECIFICATIONS
CONDITIONS
Prices quoted shall not include Federal Excise or State Taxes
The City reserves the right to have an independent testing laboratory certify unit weight
and compliance with specifications. All costs for testing will be paid for by the bidder.
Prices quoted for delivered materials do not apply while frost laws are in effect unless
weight limits allow a full load over a suitable route between source of supply and the
delivery site.
If applicable, all patching materials that do not meet the minimum requirements of the
Michigan Department of State Highways Standard Specifications shall be removed and
replaced with suitable material by the bidder at no additional cost to the City.
This work shall consist of producing and delivering bituminous patching materials as
specified herein to stockpiles at the sites and in the amounts described in this bid
document.
Only bid submissions for approximately 50 ton bulk delivery will be considered, proposals
for packaged materials i.e. bag, super-sak, barrels will not be considered.
LOCATIONS
The F.O.B. locations provided on the Bid Form are defined as follows:
Ann Arbor Yard
Ann Arbor Public Works
Wheeler Service Center
4251 Stone School Rd
Ann Arbor, MI 48108
OR
Other jobsite located within the City of Ann Arbor political boundary
Source of Supply
Vendor plant, distribution center or place of business.
FUEL SURCHARGE
Contract price adjustments for fluctuations in fuel prices will be based on weekly changes
in fuel prices over or under the U.S DOE EIA Midwest #2 On Highway UL Sulfur Weekly
Retail Price Index. The Index Rate for the contract shall be established by the DOE EIA
index rate published the week preceding bid closing.
https://www.eia.gov/petroleum/gasdiesel/
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The invoiced fuel surcharge on the freight portion of the contracted material shall be
calculated for the week delivery is made in accordance with the information submitted in
Appendix A - Transportation Fuel Surcharge.
BRAND NAME OR EQUAL SPECIFICATION
Unless otherwise specified, manufacturer's names, trade names, information and/or
catalog numbers listed in the specifications are intended only to identify the quality and
characteristics desired. They are not intended to limit competition. The vendor may offer
any equivalent product which meets or exceeds the specifications. If bids are based on
equivalent products, the quote must: a) indicate the alternate manufacturer's name and
catalog number; b) include complete descriptive literature and/or specifications; c) include
proof that the proposed equivalent will meet the specifications. Evidence in the form of
samples may be requested if brand is other than specified. Such samples are to be
furnished after the date of bid opening only upon request of the City. If samples should
be requested, such samples must be received by the City no later than seven (7) days
after formal request is made. The City reserves the right to be the sole judge of what is
equal and acceptable to meet its needs in all respects. If bidder fails to name a substitute,
goods identical to the specified standard must be furnished.
ITEM A - HIGH PERFORMANCE COLD PATCH
Known acceptable brand names that meet "High Performance Cold Patch" are "QPR" and
"UPM".
Cold patching mixture must remain pliable and workable at a temperature of -15 degrees
F to 100 degrees F. The mixture should be suitable for placement during cold, damp,
winter weather conditions and maintain its performance features for up to 12 months from
the date of delivery when stored in an approved stockpile.
Quantity: The Public Works Unit may use 1,000 tons of High Performance Cold Patch
on an annual basis. This is not a guarantee of actual usage. Orders will be placed by
designated personnel in quantities of 50 tons.
ITEM B - COLD PATCH (OTHER THAN HIGH PERFORMANCE)
Quantity: The Public Works Unit may use 1,000 tons of Cold Patch (Other than High
Performance) on an annual basis. This is not a guarantee of actual usage. Orders will be
placed by designated personnel in quantities of 50 tons.
**Fuel surcharges will not be paid unless a table is included in Appendix A with the bid response.
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