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Attached to
LED Light Conversion Project
Solicitation number
RFP-WAS-180000003098-1
Issued by
Mackinac County, Michigan

About this file

This is a Request for Proposal (RFP) issued by Whiteford Agricultural Schools in Ottawa Lake, Michigan for a comprehensive LED lighting conversion project. The project involves replacing existing interior and exterior lighting fixtures with new LED fixtures and implementing a comprehensive networked lighting controls system across the school facilities. Sealed bids were due by August 7, 2018 at 2:00 PM EST, with a mandatory pre-bid conference scheduled for July 24, 2018 at 10:00 AM in the Middle School/High School Library. The project completion deadline was set for October 31, 2018. The scope includes replacing approximately 1,442 existing fixtures with LED equivalents, including various 2x4, 1x4, high bay, wall pack, and other fixture types.

The contractor must provide performance and payment bonds equal to 100% of the contract value. Insurance requirements include commercial general liability coverage of $1 million per occurrence and $2 million aggregate, workers' compensation at statutory limits, and automobile liability of $1 million. The contractor must include costs for third-party functional testing of the lighting control system in their bid. The contract allows for a 10% markup on overhead and profit for change orders. The school district will consider participation in rebate programs like Michigan Saves and Consumers Energy Advanced Lighting Controls Small Business Pilot Program to reduce project costs.

Text of this file

WHITEFORD AGRICULTURAL SCHOOLS

COMPREHENSIVE LED LIGHTING CONVERSION PROJECT

PROJECT # 201843

WHITEFORD AGRICULTURAL SCHOOLS

6655 CONSEAR ROAD, OTTAWA LAKE, MI 49267

JULY 2018

Whiteford Agricultural Schools 201843 LED Lighting & Controls Package 6655 Consear Road, Ottawa Lake, MI 49267

INDEX -1

INDEX

REQUEST FOR PROPOSAL --------------------------------------------------------------------------- 1 ADVERTISEMENT FOR BIDS ----------------------------------------------------------------------- 1 ATTACHMENT “A” INSTRUCTIONS TO BIDDERS ----------------------------------------- 1

ATTACHMENT “B” INSURANCE REQUIREMENTS ---------------------------------------- 2

ATTACHMENT “C” TERMS OF PERFORMANCE -------------------------------------------- 4 ATTACHMENT “D” VENDOR BID PROPOSAL ----------------------------------------------- 1

ATTACHMENT “E” VENDOR STATEMENT OF QUALIFICATIONS ------------------- 2

ATTACHMENT “F” ASSURANCES AND CERTIFICATIONS ----------------------------- 1

ATTACHMENT “G” IRAN ECONOMIC SANCTIONS ACT CERTIFICATION -------- 1

ATTACHMENT “H” FAMILIAL RELATIONSHIP DISCLOSURE STATEMENT ----- 1

ATTACHMENT “I” FIXTURES QUANTITIES AND TYPES -------------------------------- 1

ATTACHMENT “J” BUILDING DRAWINGS (11 X 17) --------------------------------------- 1

NOTE: TWO (2) COPIES OF THE FOLLOWING ATTACHMENTS ARE TO BE

SUBMITTED AS THE BID PACKAGE

ATTACHMENT “D” VENDOR BID PROPOSAL ----------------------------------------------- 1

ATTACHMENT “E” VENDOR STATEMENT OF QUALIFICATIONS ------------------- 2

ATTACHMENT “F” ASSURANCES AND CERTIFICATIONS ----------------------------- 1

ATTACHMENT “G” IRAN ECONOMIC SANCTIONS ACT CERTIFICATION -------- 1

ATTACHMENT “H” FAMILIAL RELATIONSHIP DISCLOSURE STATEMENT ----- 1

CONTRACT FOR CONSTRUCTION

AIA DOCUMENT A105 – 2017 STANDARD FORM OF AGREEMENT BETWEEN

OWNER AND CONTRACTOR ------------------------------------------------------------------------ 11

AIA DOCUMENT A105-2017 SUPPLEMENTARY GENERAL CONDITIONS ---------- 7

OR

UPON AWARD OF CONTRACT THE SUCCESSFUL BIDDER WILL PROVIDE THE

OWNER WITH A CONTRACT BETWEEN THE OWNER AND THE DESIGN BUILDER

FOR HIS CONSIDERATION.

DRAWINGS FOR REFERENCE ONLY

E.1.1 Symbols, Abbreviation, Fixture Schedule and Fire Alarm Riser (03-11-02) ES1.2 Electrical, Site Plan – New (02-25-02) E4.1 HB/MB Floor Plan – Unit “A” Electrical Lighting – New (03-11-02) E4.2 HB/MB Floor Plan – Unit “B” Electrical Lighting – New (03-11-02) E4.3 HB/MB Floor Plan – Unit “C” Electrical Lighting – New (03-11-02) E4.4 ES Floor Plan – Unit “A” Electrical Lighting – New (03-11-02) E4.5 Floor Plan – Unit “B” Electrical Lighting – New (03-11-02)

Whiteford Agricultural Schools, 6655 Consear Rd, Ottawa Lake, MI 49267 734-856-1443

Request for Proposal LED Lighting and Controls Package

Sealed Bids will be accepted until Tuesday, August 7, 2018 prior 2:00 p.m. EST at which will be publicly opened and read aloud at the address below.

Office of the Superintendent Whiteford Agricultural Schools 6655 Consear Rd Ottawa Lake, MI 49267 Attn. Valerie Orr, Superintendent

Envelopes containing Bids shall be sealed and clearly marked “LED Lighting and Controls Bid” and “DO NOT OPEN” with the name and return address of the Bidder on the envelope.

NOTE: The lighting control system shall have third-party functional testing. The testing shall be included in this contract. The testing shall verify operation of all of the lighting and controls installed as part of this contract.

Two copies of signed Bid Proposals and Attachments shall be submitted using the forms provided.

Questions regarding this Request for Proposal must be directed to:

James S. Jacobs Architects, PLLC 25 Washington Street Monroe, Michigan 48161

All questions, in written form, shall be directed to the office of the Architect, James S. Jacobs Architects, 25 Washington Street, Monroe, MI 48161. Phone: (734) 241-7933.

Email: Woodrow Hoffer II, Project Manager woodrowh@jsjacobsarch.com

Cc: jimj@jsjacobsarch.com and valj@jsjacobsarch.com

A Pre-Bid Conference Meeting will occur on Tuesday, July 24, 2018 at 10:00 a.m. EST at the:

Whiteford Agricultural Schools Middle School/High School Library 6655 Consear Rd Ottawa Lake, Michigan 49267

Bidders must either: (a) attend the Pre-Bid meeting, or (b) provide a written explanation, to be provided along with its proposal, explaining why it has similar knowledge of the project and facilities as if it would have attended the Pre-Bid meeting.

Owner desires completion of the project no later than Wednesday, October 31, 2018.

ALL PARTIES WISHING TO RESPOND TO THIS REQUEST FOR PROPOSAL SHALL

TAKE NOTICE OF INSTRUCTIONS TO BIDDERS IN ATTACHMENT “A”

mailto:woodrowh@jsjacobsarch.com mailto:jimj@jsjacobsarch.com mailto:valj@jsjacobsarch.com

Advertisement for Bids

Invitation to Bid Whiteford Agricultural Schools Comprehensive LED Lighting & Controls Conversion Project.

Interested parties must attend a Pre-Bid Conference on Tuesday, July 24, 2018 at 10:00 AM. in the Middle School/ High School Library at 6655 Consear Road, Ottawa Lake, MI 49267.

Bid Package is available on the Whiteford Schools Website, July 20, 2018 at www.whiteford.k12.mi.us or from James S. Jacobs Architects, PLLC 25 Washington Street, Monroe, Michigan 48161 (734) 241-7933 for a $50.00 non-refundable fee.

Bids are Due at the Office of the Superintendent, Tuesday, August 7, 2018 prior to 2:00 PM and will be Publically Opened.

http://www.whiteford.k12.mi.us/

Attachment “A” Instructions to Bidders

1. It shall be the Bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified within.

2. Bids received after the scheduled opening time will not be accepted or considered.

3. Telephonic Bids or facsimile transmitted Bids will not be accepted.

4. No Bid may be withdrawn, changed or modified in any way for a period of ninety

(90) calendar days from date of Bid opening.

5. Negligence on the part of the Bidder in preparing the Bid confers no rights for the withdrawal of the Bid after it has been opened.

6. Bids received prior to time of opening must be securely sealed by the Bidder. No responsibility will be attached to school district employee who prematurely opens an incorrectly addressed or sealed Bid proposal.

7. The school district is exempt from state and federal taxes. All applicable taxes are deemed included in submitted Bids. The school district makes no representation as to the Bidder’s responsibility to pay taxes related to this project.

8. All Bids are subject to acceptance by the Board of Education, which reserves the right to accept or reject any or all Bids, to waive irregularities or defects, and to determine the lowest responsible Bidder.

9. The laws of the State of Michigan shall govern rights, obligations, and remedies of the Parties under this Bid and any agreement reached through this process.

10. All information included in a Bid response is subject to the Freedom of Information Act and may be disclosed in its entirety after the deadline for Bid submission.

11. By submission of this proposal, the Bidder certifies that the pricing structure offered has been arrived at independently without consultation, communication, or agreement of such prices for the purpose of restricting competition with any other Bidder or competitor.

12. The Bidder agrees to hold and save the school district, its officers, agents and employees harmless from liability of any kind, including costs and expenses, with respect to any claim, action, cost or judgment for patent, copyright or trademark infringement arising out of the purchase or use of equipment, materials, supplies, or services covered by this RFP or any related contract.

13. Bidder must complete and include attachment “D” Vendor Bid Proposal in each proposal submitted and it should be the first page in the packet.

14. Bidder must complete and include attachment “E” Bidder Statement of Qualifications, with each proposal submitted.

15. Bidder must complete attachment “F” Assurances and Certifications with each proposal submitted.

16. Bidder must complete and include attachment “G” Iran Economic Sanctions Act Certification.

17. Bidder must complete and include attachment “H” Familial Relationship Disclosure Statement, with each proposal submitted

Attachment “B” Insurance Requirements

1. Before commencement, during the performance of, and up to the date of final acceptance of, the work, the Bidder must affect and maintain insurance hereafter listed below:

a. The Bidder shall procure and maintain during the life of this contract, Workers’ Compensation Insurance, including Employers Liability Coverage of $1,000,000, in accordance with all applicable statutes of the State of Michigan.

b. The Bidder shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Workers’ Compensation Insurance, Professional Liability, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: “Sixty (60) days Advance Written Notice of Cancellation or Non-Renewal shall be sent to Whiteford Agricultural Schools.

c. The insurance required shall be written for the greater of limits not less than the limits of liability specified or required by the law. Except professional liability insurance, all insurance shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of operations under the Agreement until the date the M&V services are completed.

Professional liability insurance shall be written on a claims-made basis and shall be maintained from the date of the contract until seven (7) years after completion of the Project.

d. All certificates of insurance must be forwarded to the Owner prior to commencement of any work. Required insurance policies shall not be changed or canceled without ninety (90) days prior written notice to the Owner.

e. The Bidder’s insurance shall be primary and not contributory.

2. Any contract should be awarded to the lowest responsible Bidder; however, consideration can be given to:

A. The quality of the item(s) to be supplied

B. Its conformity with specifications

C. Suitability to the requirements of the school

D. Delivery terms

E. Past performance of vendor

In addition to the factors above, the Board may consider and provide a preference to Bidders:

A. Which use a Michigan-based business as the primary Contractor

B. Which use one (1) or more Michigan-based business as SubContractors.

3. Indemnification and Hold Harmless – The Bidder shall indemnify and hold harmless Whiteford Agricultural Schools, its officers, agents, and employees from:

i. Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of the Bidder, its officers, employees and/or agents, including its Sub-Contractors or independent Contractors, in connection with the performance of the contract.

ii. Any claims, damages, penalties, costs and attorney fees arising from any failure of the Bidder, its officers, employees and/or agents, including its Sub-Contractors or independent Contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

iii. Whiteford Agricultural Schools will not indemnify, defend or hold harmless in any fashion the Bidder from any claims arising from any failure on the part of the vendor, its employees or suppliers, regardless of any language in any attachment or other document that the Bidder may provide. Bidder acknowledges that the school lacks the legal ability to indemnify.

iv. The Bidder shall reimburse Whiteford Agricultural Schools any expenses incurred as a result of the Bidder’s failure to fulfill any obligation in a professional and timely manner under the Agreement.

v. Bidder shall provide Whiteford Agricultural Schools with a 5 year fixture warranty and a 1 year labor warranty. Additionally, Bidder shall provide 5 spare 2x4 fixtures, 1 spare 1x4 1 spare high bay with wire guard.

Attachment “C”

TERMS OF PERFORMANCE

A. The scope of the Whiteford Agricultural Schools Comprehensive LED Lighting

Conversion Project will include the installation of interior and exterior fixtures and a comprehensive networked lighting controls system, all as more particularly described in this RFP and Attachments. If a Bidder has any questions or concerns regarding the scope of the work, it shall submit a request for clarification to the office of the Architect at least two (2) days prior to the deadline for Bid submission. No objection to the scope of work will be considered following the above-referenced time frame and each Bidder will be deemed to have Bid on the full scope of services required.

B. The Bidder shall clearly identify each and every rebate and financial program it will provide and/or participate in with respect to this Project, including the financial impact on its Bid price. Whiteford Agricultural Schools wishes to participate in any and all programs or rebates that are available to Michigan public schools in order to reduce project costs. Without limiting the breadth of the foregoing, Whiteford Agricultural Schools will considering the “Michigan Saves” program and the Consumers Energy Advanced Lighting Controls Small Business Pilot Program. If the Bidder’s Bid price includes a reduction due to participation in rebates or a savings program, it shall provide a guarantee of such savings, acknowledging the school district’s obligation to competitively Bid under law and to award to the lowest responsible Bidder.

Please list any and all programs available to Whiteford Agricultural Schools.

C. The Bidder shall comply with all applicable laws governing the installations and/or energy saving measures described in its proposal, which may include, but not necessarily limited to, MCL 380.1263, MCL 380.1267, MCL 380.1274, MCL 380.1274a, and MCL 388.851, et seq. The Bidder acknowledges that it is a “qualified provider” for purposes of MCL 380.1274a and MCL 388.851, et seq., and shall comply with all obligations thereof.

D. The Bidder shall assist the school district in complying with reporting requirements under MCL 380.1274a(7) and MCL 380.1274a(8), including but not limited to:

a. Identifying improvements made to each facility

b. Identifying energy consumption for the 12-month period prior to commencement of the energy improvements

c. Identifying total project costs to facilitate the energy improvements

d. Identifying estimated annual energy savings or operational savings

e. Identifying actual annual energy consumption and operational savings for each facility to which improvements were made to facilitate a filing by July 1 for each of the 5 years following completion of improvements.

E. New exit signs and emergency interior/exterior egress lighting shall be installed based on the State of Michigan Building Code.

F. Current Fluorescent, Incandescent and Metal Halide fixtures shall be replaced with new LED fixtures with dimming capability, where applicable.

G. The comprehensive Networked Lighting control system shall provide the controls required to meet the Consumers Energy rebates and the following control functionality:

a. All lighting control panels connected on a unified network for centralized programming, control, and monitoring.

b. Connection to the fire alarm system for full on lighting in all spaces upon alarm condition in the fire alarm system.

c. Corridors shall be controlled by occupancy sensor. Where applicable day light sensor control shall also be included.

d. Occupancy sensor control for the following spaces:

i. Restrooms

ii. Locker-rooms

e. Vacancy mode occupancy sensor control for the following spaces:

i. Janitor Closets

ii. Storage Rooms

iii. Work rooms or Copy rooms

f. Timer switch with hold-on function shall be utilized for electrical rooms and mechanical rooms.

g. Multi-zone dimming with occupancy sensing and vacancy control for the following spaces:

i. Gymnasium

ii. Lunch Room

h. Classrooms shall include the following controls:

i. Vacancy mode with occupancy sensor

ii. Daylight sensors with a minimum of two rows of selectable dimming levels

iii. Front of the room dimming zone (row of luminaires nearest to the presentation wall).

iv. Body of the room dimming zone (remainder of the luminaires in the room).

i. Exterior site lighting shall include luminaire mounted controls to provide occupancy sensing, daylight sensing, and dimming preset to 50% illumination level.

j. Administration offices shall include occupancy sensing with vacancy mode and dimming control.

H. The lighting control system shall have third-party functional testing. The testing shall be included in this contract. The testing shall verify operation of all of the lighting and controls installed as part of this contract.

I. Removal and proper disposal of all existing, fixtures, lamps and ballasts.

J. A complete list of fixtures and quantities will be included in attachment I

K. Building Drawing(s) will be provided in attachment J

L. Contract Terms and Conditions, which shall be incorporated into any agreement entered into between Whiteford Agricultural School (“Owner”) and the selected

Bidder (“Contractor”), shall include:

1. The RFP and all of these terms and conditions shall be incorporated into the final contract between Owner and Contractor. Any exceptions to any requirement, provision, or term in the RFP must be stated in writing and clearly identified in the Contractor’s proposal. The absence of a properly-stated objection shall be deemed acceptance of all terms within this

RFP.

2. In the execution of the Contract, it may be necessary for the Contractor to sublet part of the Work to others. The Contractor shall inform the Owner & Architect as to which SubContractors will be used. SubContractors used shall be Subject to the approval of the Owner. The Contractor shall be fully responsible to the Owner for the acts and omissions of SubContractors and of persons directly or indirectly employed by the Contractor.

Nothing in this RFP or the resulting agreement shall create any contractual relationship between any SubContractor and the Owner. The Contractor shall not assign, transfer, convey, or otherwise dispose of the agreement between Contractor and Owner, or any part thereof, or the firm’s right title, or interest in the same, or any part thereof, without the previous written consent of the Owner. The Contractor shall not assign any power of attorney, or otherwise any monies due or to become due and payable under the agreement between Contractor and the Owner, without previous written consent of the Owner.

3. Prices for materials are to be F.O.B. job site delivered and/or installed and are to be firm for 90 days from date of Bid opening. No charges for shipping, packing, drayage, or for any other purpose will be allowed over the price quoted herein.

4. The successful Contractor will be required to pay all taxes which are levied by Federal, State or Municipal governments upon all labor and material necessary to deliver the Project, including but not limited to sales and use tax. The Owner reserves the right to require evidence of payment of such taxes prior to final payment.

5. The Contractor must provide a detailed project completion schedule.

6. The Contractor shall furnish performance bonds and payment bonds as may be required by MCL 129.201, et seq. in such form as the Owner may require, securing the faithful performance of the contract and payment of all obligations arising thereunder. Such bonds must be for the full amount of the contract with a surety company in good standing and licensed to do business in the State of Michigan. The Contractor shall include in the base proposal the cost of furnishing such bonds/securities.

7. The Owner will continue to occupy the buildings and site during the normal school year.

Any installation work not completed during the summer recess shall be performed around instructional periods including after regular school hours, on weekends, on scheduled holidays, or as arranged and approved by the Owner during regular school hours.

8. Contractor will, at all times, keep the job clean of all debris and rubbish resulting from its operations, and upon completion of its work, will promptly remove all tools, equipment and excess material and any rubbish caused by its work and personnel. Contractor will protect all its material and work from hazards and be fully responsible for their condition until accepted by the Owner, and shall also be responsible for any damage caused by it to the work or property of others, including but not limited to, the property of the Owner.

Contractor will reimburse Owner for any expenses incurred to keep the job clean and clear of all debris and rubbish resulting from Contractor’s failure to comply with this paragraph.

9. Contractor shall not use or permit any of their employees to use any equipment, hoists, staging, scaffolds, or any other material belonging to the Owner without prior written agreement.

10. The Contractor shall provide the Owner constant access to any computer system hardware and software used to develop and/or store Project data, no matter where or by whom produced or operated and Contractor shall facilitate placing the Owner on line with same by modem, station or other method of connection, if such connection is possible. Further, the Owner shall be deemed the Owner of any and all documents, drawings, specifications, calculations or other instruments of service produced by the Contractor or its SubContractors pursuant to the Contract and shall have the full right to access and use the same in its discretion, whether directly or through a third party. The Contractor also shall secure on behalf of the Owner an irrevocable license to use any and all software necessary to operate the improvements provided through the Project as designed and intended.

11. The Contractor shall warrant and represent that it is an equal opportunity employer and that it does not unlawfully discriminate or discriminate against anyone due to race, creed, color, age, sex, national origin, disability or handicap.

12. If the Contractor shall neglect to execute the work properly, or should refuse to remedy any defects in the work due to inferior quality of workmanship or material, or should in any manner fail to perform any provision of this contract, the Owner, after seventy-two

(72) hours written notice to the Contractor, may correct such deficiencies and may deduct the cost thereof from payment due the Contractor.

13. The Contractor shall not recommend that Owner reduce or eliminate any employees or positions as a result of any changes implemented under the Agreement. Reduction, elimination or absorption of employees or positions by the Owner will not be considered nor shall it be included as part of any savings projected by the Contractor.

14. The Contractor shall perform its obligations hereunder in compliance with each and every Federal, State and Local law, statute, act, rule, regulation and ordinance, including applicable licensing requirements. The Contractor shall comply with sound engineering and safety practices and any and all Owner and/or Owner Board of Education policies, practices, procedures and rules, past, present and future. The Contractor shall be responsible for obtaining all governmental permits, consents and authorizations as may be required to perform its obligations.

15. The Contractor shall perform its work, including its professional design work, consistent with the highest professional standard applicable to the profession and/or trade associated with the portion of the work of Contractor at issue in a given circumstance.

All work and services performed by Contractor shall be free from defects or deficiencies and shall comply with all project drawings, specifications, and requirements and shall be performed in accordance with highest level of skill and workmanship.

Attachment “D”

Vendor Bid Proposal

RFP # LED 2018 – Comprehensive LED Lighting Conversion

Having read and examined the Documents entitled: Comprehensive LED Lighting Conversion

And Addenda Numbers_______________________________________________

And, inspected the site and the conditions affecting and governing the construction of said project, the undersigned:

Vendor:

Address: Phone Number:

Fax Number:

Vendor Web Site: Email:

Hereby proposes to furnish all permits, labor, materials, tools, equipment, supervision, and service required for the completion of the work described in the documents for the following sums.

Total Project Summary Total Cost of Conversion: *

* Identify all applicable rebates and programs applicable to the Project that have been factored into the Total Cost:

Program Savings

PERFORMANCE BOND – Each successful bidder will be required to furnish a performance bond and labor and materials payment bond equal to one hundred (100%) percent of the contract including accepted alternates and in accordance with the contract conditions. Premium for bonds shall be included in the base bid.

And, with the signing of this Proposal, the Bidder affirms the Cost of the Performance Bond is included in the Total Cost of the Conversion Sum.

NOTE: The lighting control system shall have third-party functional testing. The testing shall be included in this contract. The testing shall verify operation of all of the lighting and controls installed as part of this contract.

The Cost of the Third-Party Functional Testing included in the sum above is

Dollars. $

Any Additional Information/Explanation/Exceptions:

Owner desires completion of the project no later than Wednesday, October 31, 2018.

The undersigned warrantees that “Substantial Completion of the Work” as defined by the Construction Documents, shall be achieved no later than _________________ calendar days from the date of award of contract.

Signature: Date:

Attachment “E”

VENDOR STATEMENT OF QUALIFICATIONS

Company Name:____________________________________________________________________________________

Company Address:__________________________________________________________________________________

Telephone Number: __________________________________________ Fax Number: _____________________________________

Contact Name:__________________________________________ Contact Title:____________________________________

Number of Years in business:_________ Contact Email:___________________________________

Company’s financial rating:

Duns or Bank reference:___________________________________________________________

Client Data (Reference #1) Description of Service

Client Data#1:________________________________ __________________________________________

Address: _________________________________

Contact Name:_________________________________________ Contact Phone:_________________________________________

Contact Email:_________________________________________

Client Data (Reference #2) Description of Service

Client Data#1:________________________________ __________________________________________

Address: _________________________________

Contact Phone:_________________________________________

Contact Email:_________________________________________

Client Data (Reference #3) Description of Service

Client Data#1:________________________________ __________________________________________

Address: _________________________________

Contact Phone:____________________________________

Contact Email:_________________________________________

Attachment “F”

ASSURANCES and CERTIFICATIONS

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

The prospective Contractor certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for from participating in this transaction by any Federal department of agency. Where the prospective Contractor is unable to certify to any of the statements in this certification, such prospective Contractor shall attach an explanation to this proposal.

Certification Regarding Nondiscrimination Under Federally and State Assisted Programs

The applicant herby agrees that it will comply with all federal and Michigan laws and regulations prohibiting discrimination and, in accordance therewith, no person, on the basis of race, color, religion, national origin or ancestry, age, sex, marital status or handicap, shall be discriminated against, excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in any program or activity for which it is responsible or for which it receives financial assistance from the U.S.

Department of Education or the MDE.

Iran Economic Sanctions Act

The prospective Contractor certifies that its organization, by submission of this proposal, is not an Iran Linked Business. Please refer to the “Iran Economic Sanction Act” Public Act 517 for clarifications or questions. Whiteford Agricultural Schools as a Michigan public entity is required to follow Public Act 517 of 2012.

Date Signature

Attachment “G” Iran Economic Sanctions Act Certification

I am the _______(title)________ of _____________(Bidder)_______________, or I am bidding in my individual capacity ("Bidder"), with authority to submit a binding Bid for the provision of LED Lighting and Controls improvements to Whiteford Agricultural Schools. I have personal knowledge of the matters described in this Certification, and I am familiar with the Iran Economic Sanctions Act, MCL 129.311, et seq. ("Act"). I am fully aware that the school district will rely on my representations in evaluating Bids.

I certify that Bidder is not an Iran-linked business, as that term is defined in the Act. I understand that submission of a false certification may result in contract termination, ineligibility to Bid for three (3) years, and a civil penalty of $250,000 or twice the Bid amount, whichever is greater, plus related investigation and legal costs.

(signature)

(printed)

(date)

Attachment “H”

FAMILIAL RELATIONSHIP DISCLOSURE STATEMENT

(This disclosure statement must be included with your Bid as required by Public Act 232 of 2004)

All Bids shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the Owner or any employee of the Bidder and any member of the Board of Education or Superintendent of Whiteford Agricultural Schools.

The undersigned, the Owner or authorized officer of (the “Bidder”), pursuant to the familial disclosure requirement provided in the attached invitation to Bid, hereby represent and warrant, except as provided below, that no familial relationships exist between the Owner(s) or any employee of the company and any members of the Boards of Education and Superintendent of Schools as listed above. If such a relationship exists, please explain:

By: (Bidder’s signature) Name: (type or print)

Date:

Subscribed and Sworn to Before Me:

This day of , 2018 A.D., in and for the County of

, State of . My commission expires: .

Signature of Notary

Attachment “I”

Fixture Quantities and Types (Existing to be Replaced 1 to 1 with LED Fixture)

Whiteford Agricultural Schools Existing Lighting Schedule

Fixture Description Total

2X4 4LT832W 1-4LBAL 210

2X4 4LT832W 1-4LBAL N/L 26

2X4 4LT832W 2-2LBAL 310

2X4 4LT832W 2-2LBAL N/L 3

1X4 2LT832W 58

1X4 2LT832W N/L 17

6" RC 1L32 CFL 14

6" RC 1L32 CFL - Dim 4 4LT5/54W HO High Bay 44 4LT5/54W HO High Bay N/L 5 6LT5/54W HO High Bay 4 70W HPS Pendant 16 70W MH Canopy N/L 1 2x2 4L40W BIAX 15 2x2 4L40W BIAX N/L 1

8LT832W WRAP 8' 20

8LT832W WRAP 8' N/L 2

4LT832W WRAP 4' 4

4LT832W WRAP 4' N/L 2

2x2 4L40W BIAX 58 2x4 4L40W BIAX N/L 19

6LT832W WRAP 8' 12

3LT832W WRAP 8' N/L 2

Fixture Description Total

3LT832W WRAP 4' 2

3LT832W WRAP 4' N/L 1

1L60W IC 63

42W CFL Edison 3 2L T12 34W 48" 11 2L T12 75W 96" 15 2LT8 32W 48" Task 108 4L T12 34W 48" Task 3 4L T12 34W 48" Wrap 39 100W CFL Edison 4

2LT832W WRAP 202

400W Metal Halide 6

100W HPS FLOOD GRND 3

175W HPS Yard 1

250W HPS COBRAHEAD 14

250W FLOOD - POLE 4

2L 100W Quartz Flood 8

400W HPS COBRAHEAD 8

70W HPS WALL PACK 15

Exit Signs 75 Emergency/Exit Sign 10 Total 1,442

Attachment “J” Building Drawings

Original Additions and Renovations to:

Whiteford High/Middle & Elementary Schools Prepared by Fanning/Howey Associates, Inc.

[Drawings Commence on the Next Page]

REFERENCE DRAWING INDEX

E.1.1 Symbols, Abbreviation, Fixture Schedule and Fire Alarm Riser (03-11-02) ES1.2 Electrical, Site Plan – New (02-25-02) E4.1 HB/MB Floor Plan – Unit “A” Electrical Lighting – New (03-11-02) E4.2 HB/MB Floor Plan – Unit “B” Electrical Lighting – New (03-11-02) E4.3 HB/MB Floor Plan – Unit “C” Electrical Lighting – New (03-11-02) E4.4 ES Floor Plan – Unit “A” Electrical Lighting – New (03-11-02) E4.5 Floor Plan – Unit “B” Electrical Lighting – New (03-11-02)

The above drawings are being issued for Reference Purposes Only and may not represent true/actual field conditions.

Contactor shall be responsible for all conditions and quantities affecting the completed replacement/conversion of all fixtures within the Consear Road Complex with the exception of the pole mounted Football Stadium Lighting.

Quantities identified in the Schedule on Attachment “I’ shall override those shown on the following drawings.

AIA

Document A105

TM

– 2017

Standard Short Form of Agreement Between Owner and Contractor

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:32:38 on 07/15/2018 under Order No.7476634133 which expires on 05/08/2019, and is not for resale.

User Notes: (1382175819)

ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

Field Code Changed

AGREEMENT made as of the « » day of « » in the year « »

(In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

«Whiteford Agricultural Schools »« »

« 6655 Consear Road »

« Ottawa Lake, Michigan 49267 »

« Contact: Valerie Orr, Superintendent » and the Contractor:

for the following Project:

(Name, location and detailed description)

«201843 - Whiteford Lighting»

A. « The scope of the Whiteford Agricultural Schools Comprehensive LED Lighting

Conversion Project will include the installation of interior and exterior fixtures and a comprehensive networked lighting controls system, all as more particularly described in the RFP and Attachments.

B. The Bidder shall clearly identify each and every rebate and financial program it will provide and/or participate in with respect to this Project, including the financial impact on its Bid price. Whiteford Agricultural Schools wishes to participate in any and all programs or rebates that are available to Michigan public schools in order to reduce project costs. Without limiting the breadth of the foregoing, Whiteford Agricultural

Schools will considering the “Michigan Saves” program and the Consumers Energy

Advanced Lighting Controls Small Business Pilot Program. If the Bidder’s Bid price includes a reduction due to participation in rebates or a savings program, it shall provide a guarantee of such savings, acknowledging the school district’s obligation to competitively

Bid under law and to award to the lowest responsible Bidder.

Please list any and all programs available to Whiteford Agricultural Schools.»

The Architect:

«James S. Jacobs Architects, PLLC »

«25 Washington Street »

«Monroe, Michigan 48161 »

«Contact: James S. Jacobs AIA »

The Owner and Contractor agree as follows.

TABLE OF ARTICLES

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:32:38 on 07/15/2018 under Order No.7476634133 which expires on 05/08/2019, and is not for resale.

Field Code Changed

1 THE CONTRACT DOCUMENTS

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENTS

5 INSURANCE

6 GENERAL PROVISIONS

7 OWNER

8 CONTRACTOR

9 ARCHITECT

10 CHANGES IN THE WORK

11 TIME

12 PAYMENTS AND COMPLETION

13 PROTECTION OF PERSONS AND PROPERTY

14 CORRECTION OF WORK

15 MISCELLANEOUS PROVISIONS

16 TERMINATION OF THE CONTRACT

17 OTHER TERMS AND CONDITIONS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract

Documents consist of

.1 this Agreement signed by the Owner and Contractor;

.2 the drawings and specifications prepared by the Architect, dated « », and enumerated as follows:

Drawings:

Number Title Date

Specifications:

Section Title Pages

.3 addenda prepared by the Architect as follows:

Number Date Pages

.4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this

Agreement; and

.5 other documents, if any, identified as follows:

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:32:38 on 07/15/2018 under Order No.7476634133 which expires on 05/08/2019, and is not for resale.

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the

Work.

§ 2.2 Date of Commencement:

Unless otherwise set forth below, the date of commencement shall be the date of this Agreement.

(Insert the date of commencement if other than the date of this Agreement.)

§ 2.3 Substantial Completion:

Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve

Substantial Completion, as defined in Section 12.5, of the entire Work:

(Check the appropriate box and complete the necessary information.)

[ « » ] Not later than « » ( « » ) calendar days from the date of commencement.

[ « » ] By the following date: « »

ARTICLE 3 CONTRACT SUM

§ 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of the

Work. Subject to additions and deductions in accordance with Article 10, the Contract Sum is:

§ 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work:

(Itemize the Contract Sum among the major portions of the Work.)

Portion of the Work Value

§ 3.3 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner:

(Identify the accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 3.4 Allowances, if any, included in the Contract Sum are as follows:

(Identify each allowance.)

Item Price

§ 3.5 Unit prices, if any, are as follows:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable .)

Item Units and Limitations Price per Unit ($0.00)

ARTICLE 4 PAYMENTS

§ 4.1 Based on Contractor’s Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows:

(Insert below timing for payments and provisions for withholding retainage, if any.)

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:32:38 on 07/15/2018 under Order No.7476634133 which expires on 05/08/2019, and is not for resale.

§ 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project.

(Insert rate of interest agreed upon, if any.)

ARTICLE 5 INSURANCE

§ 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period for correction of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1:

§ 5.1.1 Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not less than « » ($ « » ) each occurrence, « » ($ « » ) general aggregate, and « » ($ « » ) aggregate for products-completed operations hazard.

§ 5.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than « » ($ « » ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage.

§ 5.1.3 The Contractor may achieve the required limits and coverage for Commercial General Liability and

Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under

Section 5.1.1 and 5.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 5.1.4 Workers’ Compensation at statutory limits.

§ 5.1.5 Employers’ Liability with policy limits not less than « » ($ « » ) each accident, « » ($ « » ) each employee, and « » ($ « » ) policy limit.

§ 5.1.6 The Contractor shall provide builder’s risk insurance to cover the total value of the entire Project on a replacement cost basis.

§ 5.1.7 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits

§ 5.2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and shall provide property insurance to cover the value of the Owner’s property. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner’s property insurance.

§ 5.3 The Contractor shall obtain an endorsement to its Commercial General Liability insurance policy to provide coverage for the Contractor’s obligations under Section 8.12.

§ 5.4 Prior to commencement of the Work, each party shall provide certificates of insurance showing their respective coverages.

§ 5.5 Unless specifically precluded by the Owner’s property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents, and employees, each of the other; and

(2) the Architect, Architect’s consultants, and any of their agents and employees, for damages caused by fire or other

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:32:38 on 07/15/2018 under Order No.7476634133 which expires on 05/08/2019, and is not for resale.

causes of loss to the extent those losses are covered by property insurance or other insurance applicable to the Project, except such rights as they have to the proceeds of such insurance.

ARTICLE 6 GENERAL PROVISIONS

§ 6.1 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10.

§ 6.2 The Work The term “Work” means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor’s obligations.

§ 6.3 Intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the

Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

§ 6.4 Ownership and Use of Architect’s Drawings, Specifications and Other Documents Documents prepared by the Architect are instruments of the Architect’s service for use solely with respect to this

Project. The Architect shall retain all common law, statutory, and other reserved rights, including the copyright. The

Contractor, subcontractors, sub-subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect.

§ 6.5 Electronic Notice Written notice under this Agreement may be given by one party to the other by email as set forth below.

(Insert requirements for delivering written notice by email such as name, title, and email address of the recipient, and whether and how the system will be required to generate a read receipt for the transmission.)

ARTICLE 7 OWNER

§ 7.1 Information and Services Required of the Owner § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.

§ 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor, the Owner shall obtain and pay for other necessary approvals, easements, assessments, and charges.

§ 7.1.3 Prior to commencement of the Work, at the written request of the Contractor, the Owner shall furnish to the

Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.

§ 7.2 Owner’s Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made.

§ 7.3 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Architect may withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the cost of correction, provided the actions of the Owner and amounts charged to the Contractor were approved by the Architect.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:32:38 on 07/15/2018 under Order No.7476634133 which expires on 05/08/2019, and is not for resale.

§ 7.4 Owner’s Right to Perform Construction and to Award Separate Contracts § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project.

§ 7.4.2 The Contractor shall coordinate and cooperate with the Owner’s own forces and separate contractors employed by the Owner.

ARTICLE 8 CONTRACTOR

§ 8.1 Review of Contract Documents and Field Conditions by Contractor § 8.1.1 Execution of the Contract by the Contractor is a representation that the…

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