2026-026B Valentine Center Early Learning Facility Improvements.docx

CITY OF BATTLE CREEK PURCHASING

INVITATION FOR BID NO. 2026-026B Page 2 of 25

TABLE OF CONTENTS

CITY OF BATTLE CREEK, MICHIGAN

NOTICE OF INVITATION FOR BIDS

IFB # 2026-26B

Valentine Center Early Learning Facility Improvements

IFB DUE DATE and TIME: November 14, 2025, at 2:00 pm local time BIDS MUST BE SUBMITTED ONLINE.

BID SUBMITTAL: Bids must be submitted electronically as ONE PDF. DO NOT EMAIL BIDS. Submittal at: http://www.bidnetdirect.com//cityofbattlecreek. You may also email purchasing@battlecreekmi.gov for links. Click on the notice for this project, then click submit bid. You must be a registered vendor (quick and no charge) in order to submit a bid. You may withdraw your bid at any time before the due date/time. All bids will be publicly opened and read aloud via Zoom, details listed in IFB on the bid management website. Upload your bid and bonds as ONE PDF (not multiple uploads).

PROJECT DESCRIPTION: The City of Battle Creek is seeking qualified contractors for renovation work at the Valentine Center, a city-owned facility located at 75 Irving Park Drive in Battle Creek, Michigan. Currently leased for daycare operations, the facility will undergo comprehensive improvements to create a welcoming, modern early learning environment as a new daycare operator prepares to occupy the space. This collaborative project, funded by the City of Battle Creek, the W.K. Kellogg Foundation, Bronson Battle Creek Health Systems, and the Battle Creek Community Foundation, will include flooring replacement, ceiling and lighting modernization, interior painting, restroom and kitchen remodeling, classroom expansion to increase child capacity, potential exterior enhancements to improve curb appeal, and potentially new windows throughout the facility depending on budget. The project aims to transform the Valentine Center into a high-quality early childhood education facility that better serves the Battle Creek community.

PRE-BID CONFERENCE N/A

DATE: October 28, 2025 at 9:00 am 75 Irving Park Drive Battle Creek, MI

FUNDING: This project has NO federal or state funding. All project funding is provided by the City of Battle Creek, the W.K. Kellogg Foundation, Bronson Battle Creek Health Systems, and the Battle Creek Community Foundation.

TECHNICAL QUESTIONS OR SITE VISITATION:

Chief Facilities Officer Katie Norton 269-966-3355 Ext. 1355

PREVAILING WAGES: Required for this project. See attached wage rates at the end of this document. Contractor shall abide by all the requirements set forth in Section 208.09, PREVAILING WAGES ON CITY PROJECTS, of the City’s Administrative Code.

COPIES OF IFB and PLANHOLDERS’ LIST:

Email: purchasing@battlecreekmi.gov

FEE: No fee.

IFB ISSUE DATE: October 17, 2025

DOCUMENT EXAMINATION: during normal business hours City of Battle Creek, Purchasing Division Dodge Corporation in Kalamazoo, Michigan Builders Exchange in Grand Rapids, Kalamazoo & Lansing, Michigan ADDENDA: Each addendum will be on file in the Office of the Purchasing Agent. To the extent possible, copies will be mailed to each person registered as having received a set of bid documents. It shall be the bidder's responsibility to make inquiry as to addenda issued. All such addenda shall become a binding part of the contract.

Bids may be withdrawn up to the time and date of the bid opening. After the bid opening, bids may not be withdrawn for a period of ninety (90) days thereafter. The City of Battle Creek reserves the right to waive any irregularity or informality in bids, to reject any and/or all bids, in whole or in part, or to award any contract to other than the low bidder, should it be deemed in its best interest to do so.

SECTION I - SPECIAL INFORMATION FOR BIDDERS

1. Order Of Precedence The plans and specifications shall be considered to be one complete document and what is called for in one shall be considered as being called for in all. In the event that there is a conflict between the parts, the following order of precedence shall govern:

Addenda to bidding documents The Contract Drawings The Contract Special Provisions The Contract Special Instructions The Contract Special Conditions

2. Special Conditions The purpose of Special Conditions, Special Instructions, and Project Specifications are to change, delete, clarify or add to General Conditions, General Instructions. Only those items addressed in Special Conditions, Special Instructions, or Project Provisions are affected. All other conditions in General Conditions, General Instructions and General Specifications still apply. Special Conditions, Special Instructions, Project Specifications, supersedes General Conditions, General Instructions and General Specifications, and in all cases shall take precedence. The City reserves the right to disregard any conflicting terms and conditions submitted by the contractor and hold the contractor to the submitted bid price. Contractors are strongly encouraged not to submit anything with their bid that is not specifically requested in this solicitation.

3. Registration Requirements for Contractors All bidders, including General Contractors and Specialty Contractors, shall hold or obtain such Contractors or Business Licenses as required State and Local statues.

4. Currency Prices calculated by the bidder shall be stated in U.S. dollars.

5. Unit Price When the Bid for the work is to be submitted on a unit price basis, unit price Bids will be accepted on all items of work set forth in the Bid, except those designated to be paid for as a lump sum. The estimated of quantities of work to be done is tabulated in the Bid and although stated with as much accuracy as possible, are approximate only and is assumed solely for the basis of calculation upon which the award of Contract shall be made. Payment to the Contractor will be made on the measurement of the work actually performed by the Contractor as specified in the Contract Documents. Unit prices will prevail in event of discrepancy.

6. Liquidated Damages None

7. Listing of Subcontractors Bidders must list in the appropriate place in their bid the names of all subcontractors and major suppliers that will be used in the construction of the project. Failure to list subcontractors may be cause for rejection of the Bidder's bid as non-responsive.

8. Non-collusion:

By signing the Offer to Contract, the bidder, by its officers and authorized agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way, directly or indirectly entered into any arrangement or agreement with any other bidder or with any public officer of such City of Battle Creek, Michigan, whereby such affidavit or affiants or either of them has paid or is to pay to such other bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affidavit or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids, that no inducement of any form or character other than that which appears on the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contract sought by this bid.

9. Contractor’s Insurance

a. The Contractor shall at the time of execution of this contract, file with the City the Certificate of Insurance, which shall cover all of their insurance as required herein, including evidence of payment of premiums thereon, and the policy or policies or insurance covering said City and their officers, agents and employees. Each such policy and certificate shall be satisfactory to the City. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from their operations under this Contract. The contractor shall maintain insurances in force at all times during the term of this agreement at the minimum amounts and types as indicated.

The City of Battle Creek shall be listed as an additional insured on general liability coverage, and shall be provided with a Certificate of Insurance that reflects this additional insured status. A 30-day notice of cancellation or material change shall be provided to the City and so noted on the Certificate of Insurance. All certificates and notices shall be sent to City of Battle Creek, 10 N. Division, Suite 214, Battle Creek, MI 49014.

10. Vendor Evaluation: Experience with the City shall be taken into consideration when evaluating responsibility of the vendor.

11. Permits: Contractor shall secure all necessary permits to complete the work as described in this IFB. These costs shall be included in the bid price.

12. Bid Protest Procedure: Protests about the bid procedure must be in writing. This written protest must be received by the City of Battle Creek, located at 10 N. Division, Suite 214, Battle Creek, MI 49014. This written protest must be received by the City no later than ten (10) working days after notification to all bidders of the contract award decision. The City of Battle Creek must issue its written decision no more than ten (10) business days from the day the written protest was received.

If a protester thinks that the City of Battle Creek has not followed these protest procedures, the protester has ten (10) business days from the alleged infraction to file a subsequent protest with the City of Battle Creek City Manager or federal granting agency if applicable.

13. FEDERAL TERMS AND CONDITIONS

If there are federal terms and conditions attached to this solicitation, they are hereby incorporated as a material part of this contract. In cases of conflict between terms in this agreement, the federal terms shall prevail.

14. OTHER FEDERAL COMPLIANCE: Where applicable, contractor shall comply with: Copeland Anti-kickback Act (18 U.S.C. 874); Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 USC 40 USC 3701-3708); Section 306 of the Clean Air Act (42 USC 7602, Air Pollution Prevention and Control); Section 508 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738, and EPA regulations (40 CFR, Part 15); and the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

15. RECORD ACCESS: Contract shall grant access, if requested, by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor that are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

16. RECORD RETENTION: Contractor shall retain all required records for three years after final payments and all other pending matters are closed.

17. CLEAN AIR ACT: Contractor shall comply with all applicable standards, orders, or requirements issued under Clean Air Act (42 U. S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. For contracts and subcontracts of amounts in excess of $100,000 the contractor or subcontractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Agency (EPA).

18. ENERGY EFFICIENCY: Contractor shall maintain mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).

19. Debarment and Suspension (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration’s List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension.” This list contains the names of parties debarred, suspended or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

TERMS AND CONDITIONS

CONSTRUCTION/INSTALLATION/DEMOLITION

1. ACCIDENT PREVENTION: The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all the damages to persons or property either on or off the site, which occur as a result of the contractor’s fault or negligence in connection with the prosecution of the work. The safety provisions of applicable laws and OSHA standards shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the city may determine to be reasonably necessary.

2. CONFLICTS AND OMISSIONS: The intent of the contract documents is to provide everything necessary for the proper execution of the work. In case of conflict, the work shall not proceed until a decision has been agreed upon by all parties concerned. The City’s decision shall be final.

3. WORKING CONDITIONS: All work shall be done in accordance with all regulations governing the City Unit wherein the work is to be performed and with minimum possible interference with the proper functioning of the activities of the City Unit. Materials, tools, etc., shall be confined so as not to unduly encumber the premises.

4. PRIOR EXAMINATION: Contractor shall be familiar with local conditions affecting the job prior to submitting the bid. Contractor shall take their own measurements and be responsible for the correctness of same. Contractor shall be held to have made such examinations and no allowances will be made in their behalf by reason of error or omission on their part. If any part of the Contractor's work depends for proper results upon existing work or the work of another contractor, the Contractor, before commencing work, shall notify the Director in writing of any defects that will affect the results.

5. OTHER CONTRACTS: The City may let other contracts in connection with the work and the Contractor shall properly connect and coordinate their work with the work of such other contractors. The City shall not be liable for any damages or increased costs occasioned by the failure of other contractors or sub-contractors to execute their work as may be anticipated by these documents.

6. INSPECTION: Contractor shall at all times permit and facilitate inspection of the work by the City.

7. CHANGES: Contractor shall make changes in the contracted work only as ordered in writing by the City. The actual work performed under this contract may be increased 50% or decreased 25% from the approximate quantities set forth in the Schedule included herein. Work will be performed only based on written authorization from the City. The City reserves the right to include other similar projects in this contract over and above those mentioned in said tabulations within these limitations. If extra work orders are given in accordance with the provisions of this contract, such work shall be considered a part hereof and subject to each and all of its terms and requirements.

8. GUARANTEE: Contractor guarantees to remedy any defects due to faulty materials or workmanship, which appear in the work within one year from the date of final acceptance by the City.

9. PROTECTION: Contractor shall properly protect all new and existing structures from damage. Contractor shall comply with all safety rules and regulations as published by the Michigan Dept. of Labor, Bureau of Safety and Regulations.

10. CLEAN-UP: Contractor shall at all times keep the premises free from accumulations of waste materials or rubbish caused by their employees or work and at the completion of the work they shall remove all their waste, tools, equipment, staging and surplus materials from the structure and grounds used by the contractor and leave work clean and ready for use.

11. SAFETY RULES: Contractor shall perform all work under this contract in conformance with the State of Michigan general safety rules and regulations for the construction industry, as set out or authorized by the Michigan Occupational Safety and Health Act, Public Act 154 of 1974, as amended.

12. TERMINATION FOR BREACH: The City may terminate this contract for violations hereof when violations are not stopped immediately and corrected within a reasonable length of time after notification by the City. In the event of such termination, the City may complete the contracted work and the Contractor will be liable for any excess cost occasioned the City thereby and in such case the City may take possession of and utilize in completing the work such materials and equipment as may be on the site and necessary therefore.

13. SUBCONTRACTORS: Bidders shall submit with the Bid any and all subcontractors to be associated with their bid, including the type of work to be performed. Any and all subcontractors shall be bound by all of the terms, conditions and requirements of the bid/contract; however, the prime contractor shall be responsible for the performance of the total work requirements. Contractor must provide copies of licenses for subcontractors.

14. EMPLOYEES AND SUPERINTENDENCE: Contractor shall enforce good order among their employees and shall not employ on the work site any disorderly, intemperate or unfit person or anyone not skilled in the work assigned to them. Contractor, or a competent person having authority to act for them, shall be at the work site at all times.

SECTION II – OFFER TO CONTRACT

DATE :

NAME OF BIDDER:

BUSINESS ADDRESS:

To: The City of Battle Creek, Michigan

The undersigned, as Bidder, declares that the only person or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any person, firm or corporation; that they have carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications for the above designated work, all other documents referred to or mentioned in the Contract Documents, the Contract Drawings and Specifications, including Addenda issued thereto; and they propose and agree if this bid is accepted that they will contract with the City of Battle Creek, Michigan, in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus, and other means of construction, including utility and transportation services necessary to do all the work and furnish all materials and equipment specified or referred to in the Contract Documents, in the manner and time therein prescribed and according to the requirements of the City of Battle Creek, Michigan, as therein set forth and to furnish the Contractor's Bonds and Insurance, and to do all other things required of the Contractor by the Contract Documents, and that they will take in full payment therefore the sums set forth BELOW;

The City reserves the right to determine low bid based on Base Bid with consideration to any combination of the Alternates.

DO NOT add statements clarifying anything about your bid

DO NOT add prices outside of what’s requested. ALL prices are all-inclusive (permits, bonds, mobilization, labor, materials, etc)

DO NOT submit conflicting terms and conditions.

DO NOT submit your company’s quote forms; use our forms ONLY

DO NOT write anything except the prices required (i.e., no notes)

DO NOT submit terms regarding pricing. Bids are good 90 DAYS and are firm once contracted until project completion.

Bid accordingly.

DO NOT try to provide a solution to an problem or ambiguity in the drawings or this project with your bid. Contact Chris Huff immediately if you find anything wrong. Changes may only be made BY THE CITY, BY ADDENDUM, AND BEFORE BIDS ARE DUE.

2026-026B Price Page Valentine Center Early Learning Facility Improvements

BASE BID: Include flooring replacement, ceiling and lighting modernization, interior painting, restroom and kitchen remodeling, classroom expansion to increase child capacity, potential exterior enhancements to improve curb appeal, and potentially new windows throughout the facility depending on budget. See construction documents for full scope of work.

REQUIRED ALTERNATES. Not providing alternates may disqualify your bid.

Alternate No. 1 (Add): Steel Entryway Canopy Provide the ADD amount to Base Bid above for installation of a new steel canopy over the entryway door. Please refer to Drawings page 16 Roof Plan A210, page 21 Exterior Elevations A500, and page 22 Building Sections A600

Alternate No. 2 (Add): Ceiling Replacement Provide the ADD amount to Base Bid above to replace existing ceilings in rooms 106,107,109, 115, 116, & 117. Please refer to Drawings page 15 Reflected Ceiling Pan and Details A200

Alternate No. 3 (Add): Exterior Glazing Replacement Provide the ADD amount to Base Bid above to replace all existing exterior glazing. Please refer to Drawings page 20 Glazing Elevation and Sections Plan A410 and page 21Exterior Elevations Plan A500

Alternate No. 4 (Add): Tuckpoint Exisitng Masonry Provide the ADD amount to Base Bid above to tuckpoint existing masonry. Please refer to Drawings page 21 Exterior Elevations A500

Alternate No. 5 (Deduct): Office Door Provide the DEDUCT amount from Base Bid above to leave office door for room 103 in existing location. Please refer to Drawings page 12 New Floor Plans A120 and page 19 Door Schedule A400

Acknowledgement of addenda: _______; _______; _______; _______; ________; ________

The undersigned has carefully checked the attached Bidding Schedule against the Contract Drawings and Specifications and other Contract Documents before preparing this Bid and accepts the said quantities to be substantially correct, both as to classification and amount, and as correctly listing the complete work to be done in accordance with the Contract Drawings, Specifications and other Contract Documents.

BID SECURITY

Accompanying this bid is a ________________ in the amount of five percent (5%) or ___________________ Dollars ($___________). The total amount of bid security is based on the total base bid of this bid.

COMPLETION

If awarded a contract under this Invitation for Bid, the undersigned agrees to start work at the site after the receipt from the Owner of a Notice to Proceed. The undersigned further agrees to complete the project by April 17, 2026.

LIQUIDATED DAMAGES

None

BIDDER'S SIGNATURE

Complete the applicable paragraph below.

I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder, and that our firm is not debarred from doing business under the Federal Excluded Parties List System (epls.gov).

I, the Contractor or Contractor’s legally authorized signer, further certify compliance with the City of Battle Creek Ordinance Chapter 214, Discrimination Prohibited. I further acknowledge and agree that the Contractor's violation of Chapter 214 shall be a material breach of this contract. In addition, Contractor acknowledges and agrees that it shall be liable for any costs or expenses incurred by the City in obtaining from other sources, the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the City under the contract as a result of a material breach in the Contract for violations of Chapter 214.

(a) Corporation The bidder is a corporation organized and existing under the State of _______________________, which operates under the legal name of __________________________, and the full names of its officers are as follows:

President: __________________________________ Secretary: __________________________________ Treasurer: __________________________________ Manager: __________________________________

(b) Co-Partnership The bidder is a co-partnership consisting of individual partners whose full names are as follows:

(c) Individual The bidder is an individual whose full name is __________________ and, if operating under a trade name, said trade name is _________________________________.

NAME: ________________________

ADDRESS: _____________________

CITY & STATE: __________________

THIS BID OFFERED BY:

SIGNATURE:

NAME:

TITLE:

PHONE:

FAX:

(SEAL)

Subscribed and sworn to before me this ____ day of ____________, 20__.

Notary Public

County of ____________________

Commission Expires: _________

SECTION III - CONTRACTOR'S BID FORMS

THESE FORMS MUST BE RETURNED WITH THE BID OR YOU BID MAY BE DEEMED NON-RESPONSIVE

TABLE OF CONTENTS

RESPONSIBLE BIDDER CRITERIA CHECKLIST FORM

CONTRACTOR'S BID BOND

CORPORATION CERTIFICATE

SUBCONTRACTOR AND DBE FORM

STATEMENT OF EXPERIENCE OF BIDDERS

Responsible Bidder Criteria Form Submit with bid or your bid may be deemed non-responsive OR Submit your letter of prequalification with your bid (email purchasing@battlecreekmi.gov for information)

Item

Check

Description

General information about the contractor’s company, its principles and its history, including the state and date of incorporation.

Describe

At right

Date of incorporation and State:_______________________________________

State your company’s principles:___________________________________________________

Briefly describe your company’s history:_____________________________________________

Trade categories of contractor’s employees and information regarding the state and local licenses and license numbers held by contractor

Attach copies of license

A confirmation that all subcontractors, employees and other individuals working on the construction project will maintain current applicable licenses with the Michigan Bureau of Construction, Codes and Fire Safety, and as may otherwise be required by law for all licensed occupations and professions.

Sign at right

By signing below, I hereby attest and agree to, under penalty of perjury, the above item #3, and that I have the legal authorization to bind this firm hereunder:

Signature: __________________________________

Printed Name:________________________________ Date: _________________________

The ratio of masters or journey persons to apprentices proposed to be used on the construction project job site

Describe

Documentation that the contactor maintains, participates in and contributes to a bona fide apprentice training program in which less than full journey-persons utilized on the project will be participants; as used in this section “bona fide apprentice training program” means a training program registered and approved by the United States Department of Labor, Bureau of Apprenticeship and Training Programs.

Describe at right

Describe your apprenticeship program:

Documentation of a completed Michigan Occupational Safety and Health Administration approved safety training program for employees used on the proposed job site.

attach and label

Evidence of the contractor’s Worker’s compensation Experience Modification Rating (EMR). A bidder with a current EMR greater than 1.1 will not be considered a responsible contractor under this section.

attach and label

A list of similar or comparable projects completed within the past five years, including dates of work and each project’s approximate dollar value and size. Documentation from these previous projects of comparable size or complexity, including but not limited to all costs related to the bidder’s timeliness, performance, quality of work, extension requires, contractual fines and penalties imposed, including proof of such fines and penalties, and liens filed, history of claims for extra work and any contract defaults with an explanation of the reason for the default and how the default was resolved.

Describe

At right attach, if necessary and label

Evidence of contractor’s experience with construction techniques, trade standards, quality workmanship, project scheduling, cost control, management of projects of comparable size or complexity, and building codes by documenting the bidder’s ability and capacity to perform the project. The bidder must identify those portions of the project it reasonable believes will be subcontracted and names of the subcontractors.

Attach descriptive narrative and label

A list of individuals or contact persons for entities that have received in the past 5 years, or are currently receiving, the contactor’s services for which references may be obtained, which shall include contacts for any similar or comparable projects; and include information regarding the records of performance and job site cooperation.

Describe

At right attach, if necessary, and label

Audited financial information current within the past 12 months, such as a balance sheet, statement of operations, and bonding capacity. Evidence that the applicant has financial resources to stat up and follow through on the project and to respond to damages in case of default, as shown by written verification of bonding capacity equal to or exceeding the amount of the project. The written verification must be submitted by a licensed surety company rate B+ or better in the current A.M. Best Guide and qualified to do business within the State of Michigan. Note: if your company is privately held, financial information may be presented to City staff in the event that you are the low bid.

attach and label

A warranty statement regarding labor and materials.

By signing below, under penalty of perjury, our firm hereby warrants all labor and materials for this project, including that provided by subcontractors, for a period of one year from the date of project completion, and that I have the legal authorization to bind this firm hereunder:

Sign at right

A list of all litigation and arbitrations currently pending and within the past five years, including an explanation of each. Evidence of satisfactory resolution of claims filed by or against the contactor asserted on projects of the same or similar size within the past five years. Any claim against the contractor shall be deemed to have been satisfactorily resolved if final judgment is rendered in favor of the contractor or any final judgment rendered against the contractor is satisfied with 90 days of the date the judgment became final.

attach and label

Proof of insurance, including certificates of insurance, confirming existence and the amount of coverage for liability, property damages, workers compensation and any other insurances required by the proposed contract documents.

attach and label

Evidence of compliance with the Fair Labor Standards Act, and with regulatory agencies such as the Environmental Protection Agency; the Michigan Department of Labor and Economic Growth, including the Occupational Safety and Health Administration, Workers’ Compensation Agency, the Wage and hour Division; and all other applicable state and federal laws or agencies.

attach and label

Evidence of any quality assurance program used by the contractor and the results of any such program on the contractor’s previous projects.

attach and label

Contractor’s policy addressing drug and alcohol use for employees working on the project site.

attach and label

Documentation of whether the contractor provides health insurance and pension benefits to its employees.

Attach and label

Assurance that all construction work for the project shall proceed economically, efficiently, continuously, and without interruption.

By signing below, under penalty of perjury, our firm hereby affirms that all work for the project shall proceed economically, efficiently, and continuously, with the exception of those events outside that occur outside of our control, and that I have the legal authorization to bind this firm hereunder:

Sign at right

CONTRACTOR'S BID BOND

(Surety’s own form may substitute)

We, , (hereinafter called the "Principal"), and (hereinafter called the "Principal"), and hereinafter called the "Surety"), a corporation chartered and existing under the laws of the State of , with its principal offices in the City of and authorized to do business in the State of Michigan, are held and firmly bound unto the City of Battle Creek (hereinafter called the "Owner"), in the full and just sum of _____________ Dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment shall be made, the Principal and Surety bind themselves, their heirs, executors, administrators, and assigns, jointly and severally and firmly by these presents.

WHEREAS, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to complete this contract.

WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified bidder's check otherwise required to accompany this Bid.

NOW, THEREFORE: The conditions of this obligation are such that if the Bid be accepted, the Principal shall, within ten (10) days after the date of receipt of a written notice of award of contract, execute a contract in accordance with the Bid and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory contract performance bond payable to the Owner, and in an amount of One Hundred Percent (100%) of the total contract price in the form and with security satisfactory to said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages.

The Principal and Surety duly sign and seal on this day of , 20___.

Principal

By:

(Seal)

Surety

By:

(Seal)

Countersigned:

CERTIFICATE TO BE EXECUTED

IF

CONTRACTOR IS A CORPORATION

I, , certify that I am the of the Corporation named as Contractor hereinabove; that who signed the foregoing Agreement on behalf of the Contractor was then the of said Corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

(Corporate Seal)

SUBCONTRACTOR AND DBE FORM – submit with bid

I. YOUR FIRM’S BACKGROUND:

Is your firm an MBE (at least 51% minority ownership)? _____YES _____NO

Is your firm a WBE (at least 51% woman ownership)? _____YES _____NO

Are you subcontracting any part of this project? _____YES _____NO

II. SUBCONTRACTING INFORMATION: If subcontracting any part of the project, the bidder/contractor expressly agrees that:

(3) The Bidder represents that the subcontractors listed below are financially responsible and are qualified to do the work required.

STATEMENT OF EXPERIENCE OF BIDDER

The Bidder shall state below the work of similar magnitude or character that they have done, and shall give references that will enable the City of Battle Creek to judge their experience, skill and business standing and of their ability to conduct the work as completely and as rapidly as required under the terms of this contract.

PROJECT AND AGENCY/LOCATION REFERENCES (include name and email)

SECTION IV - CONTRACTOR'S CONTRACT FORMS

THESE FORMS WILL BE REQUIRED FOR AWARD

CONTRACT FORM

PERFORMANCE BOND

LABOR AND MATERIAL BOND

CONTRACT FORM

CONTRACT NO. 2026-026B

THIS AGREEMENT, made and entered into this day of ,2025, by and between hereinafter called the "Contractor" and the City of Battle Creek, hereinafter called the "Owner.”

WITNESSETH: In consideration for the mutual covenants hereinafter stated, the parties agree for themselves, their personal representatives, successors, assigns as follows:

I. The Contractor promises and agrees, for the Valentine Early Learning Facility Improvements Project to complete comprehensive improvements to create a welcoming, modern early learning environment as a new daycare operator prepares to occupy the space. This collaborative project, will include, but is not limited to, flooring replacement, ceiling and lighting modernization, interior painting, restroom and kitchen remodeling, classroom expansion to increase child capacity, potential exterior enhancements to improve curb appeal, and potentially new windows throughout the facility depending on budget. The project aims to transform the Valentine Center into a high-quality early childhood education facility that better serves the Battle Creek community.

A. To furnish all materials, construction water, equipment, tools, dewatering devices, skill and labor of every description necessary or reasonable incidental to carrying forth and completing in good, firm, substantial and workmanlike manner, the work specified, in strict conformity with the true intent of the NOTICE TO BIDDERS, SPECIAL INSTRUCTIONS, GENERAL INSTRUCTIONS, INVITATION FOR BID, SPECIAL CONDITIONS, GENERAL CONDITIONS, AGREEMENT, BONDS, GENERAL SPECIFICATIONS, and Project Specifications, Contractor’s bid, and other contract documents and addenda thereto, which are hereby made a part hereof as fully and to the same effect as though they had been set forth at length herein.

B. To commence work under this contract on or before a date to be specified by the owner in a written Notice to Proceed and complete the project by the date specified in Invitation for Bid.

C. Requirements for a specific trade or contract will generally be described in that portion of the specifications or drawings related to that trade or contract. Such requirements may, however, be described in other sections of the Contract Documents. The Contractor will be held responsible for having carefully examined all drawings and read all requirements of the specifications and all Contract Documents to avoid omissions or duplications and to insure a complete job.

D. The Contractor must be fully informed about conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of their obligation to furnish all material and labor necessary to carry out the provisions of their contract.

E. Any claim by the Contractor of an inability to meet any requirement set forth in the Contract Documents, or that any requirement of these documents is impractical or unreasonable, will not be recognized, unless the claim was made at the time their bid was submitted, and specific provision is made for such claim in the Agreement between Owner and Contractor (Bid and Agreement).

F. Warranty: Contractor shall remove and replace at no additional cost to the City any defects in workmanship or materials that may be apparent or may develop within a period of one (1) year from the date of final acceptance.

G. NON-DISCRIMINATION CLAUSE: The bidder agrees not to discriminate against any employee or applicant for employment, to be employed in the performance of such contract with respect to hire tenure, terms, conditions or privileges, of employment, or any matter directly or indirectly related to employment because of his or her actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of the contract as provided for in Act 220 and Act 453 of the Public Acts of 1976, as amended, entitled "Michigan Handicapper's Civil Rights Act" and/or the "Michigan Elliott Larson Civil Rights Act" and/or City of Battle Creek Chapter 214 "Discrimination Prohibited" Ordinance. The bidder further agrees to require similar provisions from any subcontractors, or suppliers. The bidder agrees to comply with the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor regulations (41 CFR, Chapter 60).

II. The Owner promises and agrees:

A. To pay the Contractor for said work when completed in accordance with the provisions of these contract documents, and for the contract sum of:

dollars ($ ). Payment for work is subject to additions provided therein and for the authorized work complete in place and accepted by the Owner or its authorized representatives.

III. It is further understood and agreed between the parties hereto as follows:

A. The said work is to be done in accordance with the laws of the State of Michigan to the entire satisfaction and approval of the Owner or its duly authorized representatives.

B. The decision of said Owner's authorized representative upon any questions connected with the execution of this Agreement or any failure or delay in the prosecution of the work by said Contractor shall be final and conclusive.

C. If, at any time after the execution of the Agreement and the Bond for its faithful performance, the Owner shall deem the surety or sureties then upon said bond to be unsatisfactory or, if, for any reason said bond shall cease to be adequate security for the performance of the work, the Contractor shall, at their expense, within fifteen (15) calendar days after receipt of written notice from the Owner to do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in a manner and form satisfactory to the Owner.

D. VENUE: Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement or the transactions it contemplates shall bring the legal action or proceeding:

(i) in the United States District Court for the Western District of Michigan; or

(ii) in any court of the State of Michigan sitting in Calhoun County, if there is no federal subject matter jurisdiction.

E. GOVERNING LAW: This agreement shall be enforced under the laws of the State of Michigan. Contractor must comply with all applicable federal, state, county, and City laws, ordinances, and regulations. Contractor shall ensure payment of all taxes, licenses, permits, and other expenses of any nature associated with the provision of services herein. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor.

IN WITNESS WHEREOF, the said parties have hereunto set their hands and affixed their seals, the day and year first above written.

I, the Contractor or Contractor’s legally authorized signer, further certify compliance with the City of Battle Creek Ordinance Chapter 214, Discrimination Prohibited. I further acknowledge and agree that the Contractor’s’ violation of Chapter 214 shall be a material breach of this contract. In addition, Contractor acknowledges and agrees that it shall be liable for any costs or expenses incurred by the City in obtaining from other sources, the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the City under the contract as a result of a material breach in the Contract for violations of Chapter 214.

Signed and duly executed by Contractor:

Signature Date

Printed Name and Title

Email

Signed and duly executed by the City of Battle Creek:

City Manager Date

Approved as to Form, City of Battle Creek:

City Attorney Date

PERFORMANCE BOND

Let it be known that ___________ , as Principal, and ________________ , as Surety, are held and firmly bound unto the City of Battle Creek in the sum of _____________________________________________________ dollars and _____/100 ($ ________ ) for the payment of which sum of money to be made, we bind ourselves, heirs, executors, administrators, successors and assigns, jointly and severally, firmly as required by written contract.

WHEREAS, the Principal has entered into a certain written contract dated the day of , 20 for the project title ___________________________________________ complete, as described in the foregoing Bid and Agreement.

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the said Principal shall in all respects well and truly keep and perform the said contract, and shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment furnished for the purpose of constructing the work provided in said contract, and shall defend, indemnify and save harmless said City of Battle Creek and any Consultant working on this project against any and all liens, encumbrances, damages, claims, demands, expenses, costs and charges of every kind except as otherwise provided in said specifications and other Contract Documents arising out of or in relation to the performance of said work and the provisions of said contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop within a period of one (1) year from the date of final acceptance, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

And the said Surety, for value received, hereby stipulates and agreed that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20__.

PRINCIPAL ATTEST:

Principal Business Name

Address

City, State, Zip

Principal Secretary Signature & Seal

Principal Secretary Printed Name

Witness of Principal

SURETY ATTEST:

Surety Business Name

Address

City, State, Zip

BY:

Attorney-in-Fact Signature & Seal

Attorney-in-Fact Printed Name

LABOR AND MATERIALS BOND

Let it be known that we, the undersigned, _______________________________, hereinafter called the "Principal,” and ___________________________________, a corporation organized and existing under the laws of the State of ______________, having its principal office at ________________________, hereinafter called the "Surety,” are held and firmly bound unto the City of Battle Creek, hereinafter called the "Owner,” for use of any and every person, co-partnership, association or corporation interested in the full and just sum of ___________________________________________________Dollars ($______________________), lawful money of the United States of America, to be paid to the said obligees or its or their assigns, to…