25-LPS-CC-01 Chromebook Computers RFB.pdf

LAKEVIEW PUBLIC SCHOOLS REQUEST FOR BID

CHROMEBOOK COMPUTERS

ST. CLAIR SHORES, MICHIGAN W&H Project No: 25-LPS-CC-01

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PROJECT SUMMARY & TIMETABLE

1.01 SUMMARY

A. Lakeview Public Schools (the “Owner”) is soliciting Bids until 1:30 PM, March 24, 2025 (the “Due Date”) for the purchase of Chromebook Computers (CC) for the following locations in Lakeview Public School:

1. Lakeview High School

2. Jefferson Middle School

3. Ardmore Elementary School

4. Greenwood Elementary School

5. Harmon Elementary School

6. Princeton Elementary School

7. Wheat Educational Building

B. All questions and correspondence concerning this Request for Bid (“RFB”) should be submitted to Scott Brune at Wright & Hunter, Inc. Address all correspondence and questions to sbrune@wrighthunter.com.

C. Sealed Bids will be received at the Owner’s office up until the Due Date for submission of

Bids noted above.

D. The Owner reserves the right to accept or reject any and all Bids, either in whole or in part, to waive any informalities or irregularities therein, and to award the Contract to other than the Bidder(s) submitting the best financial Bid (low bidder), in its sole and absolute discretion. The Owner may award a contract to a single prime Contractor for all elements for the entire Project or may award any of the elements separately.

E. Contractors must submit a single Bid for all of the elements described in this RFB. No Bid may be withdrawn after the Due Date for the receipt of Bids for at least ninety (90) days.

F. The formal Bids to be received will be evaluated by several criteria including but not limited to cost, concurrence with technical specifications and requirements, with priority on a timely installation schedule.

1.02 INTRODUCTION

A. The intent of this RFB is to secure under contract, all labor, materials, equipment and services of every kind necessary for the proper installation and maintenance of CC in accordance with the technical specifications included in this RFB and all applicable codes and standards.

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B. This RFB solicits Bids for Chromebook Computers to meet the current and projected needs of the Owner.

1.03 STATEMENT OF PURPOSE

A. This RFB solicits Bids for the following major elements as detailed in the specifications section:

1. Chromebook Computers

2. Chromebook Imaging and Registration

3. System Testing, Documentation, and Warranty

4. All equipment materials, labor, and services not specifically mentioned or shown, which may be necessary to complete or perfect all parts of the installation.

1.04 TIMETABLE

A. The anticipated timetable of key dates for this RFB are as follows:

1. RFB Available for Contractors March 5, 2025

2. Contractor Questions Due March 12, 2025 by 12:00 PM

3. Contractor Answers Due March 17, 2025 by 5:00 PM

4. Bids Due March 21, 2025 at 1:30 PM

5. Board Meeting April 15, 2025

6. Award to Contractor April 17, 2025

7. Start Date April 21, 2025

8. Complete Date August 22, 2025

1.05 PRE-BID CONTRACTORS’ MEETING

A. None.

1.06 WORK HOURS

A. General

1. All Work during the school year shall be performed from 3:00 PM to 11:00 PM.

2. Summer recess begins June 11, 2025.

3. All Work during the summer break shall be performed from 7:00 AM to 3:30 PM

Monday through Friday.

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1.07 FAMILIAL RELATIONSHIP DISCLOSURE STATEMENT

A. 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 Contractor and any member of the Lakeview Public Schools board, or the superintendent of the School District.

B. The Owner will not award a bid from a Contractor that does not submit this sworn and notarized disclosure statement.

1.08 IRAN ECONOMICS SANCTIONS ACT

A. As required by the Iran Economic Sanctions Act, Public Act 517 of 2012, all Bids shall be accompanied by a sworn and notarized statement certifying that the Contractor is not an “Iran linked business” within the meaning of Act.

1.09 CRIMINAL BACKGROUND CHECK

A. All Bids shall be accompanied by a sworn and notarized statement certifying that the

Contractor has performed and/or will perform sufficient criminal background checks, including at a minimum, an Internet Criminal History Tool (“ICHAT”) check, for all of its owners, employees, agents, representatives, contractors and/or other personnel who will be on any School District premises to carry out the services contemplated by the Contract Documents.

1.10 STATEMENT ON BID ADJUSTMENTS DUE TO POTENTIAL TARIFFS

A. This bid is based on current market conditions, trade regulations, and supplier pricing as of the submission date. In the event that new tariffs, duties, or government-imposed trade restrictions are implemented or modified after bid submission and before contract execution, the following process will be used to determine price adjustments:

1. If a tariff or duty affecting computer hardware, components, or peripherals (e.g., laptops, desktops, storage devices, processors, memory modules, monitors, docking stations, keyboards, and mice) is enacted or modified, the impact will be assessed based on:

a. Official government tariff schedules from the relevant trade authority.

b. Supplier/manufacturer price changes directly linked to the tariff.

c. Freight, customs duties, and import fee adjustments, if applicable.

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2. Cost Adjustment Calculation

a. The adjusted price will reflect only the documented increase in procurement costs due to the tariff, calculated as follows:

1) Adjusted Price = Original Bid Price + (Tariff Rate ×

Affected Component Cost)

b. No additional markup or profit adjustments will be included in the revised price.

3. Documentation and Justification

a. To ensure transparency and compliance with public procurement policies, any request for a price adjustment must include:

1) Official government notice specifying the tariff change.

2) Updated supplier/manufacturer invoices demonstrating the direct impact.

3) A detailed cost breakdown of affected components and the corresponding increase.

4. Notification and Approval Process

a. The bidder must notify the Lakeview Public School and Wright & Hunter, Inc. in writing within thirty (30) days of the tariff change.

b. The school district reserves the right to review, validate, and approve any price adjustment before it takes effect.

c. If a price adjustment is justified, an amendment to the contract will be issued in accordance with public procurement regulations.

5. Limitations and Exclusions

a. Adjustments will apply only to direct, verifiable cost increases resulting from tariffs.

b. Administrative, overhead, or speculative cost increases will not be considered.

c. If tariffs decrease or are removed, the school district reserves the right to adjust pricing downward accordingly.

B. By submitting a bid, the bidder acknowledges and agrees to these terms, ensuring fair, transparent, and responsible pricing for school district procurement.

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SECTION 2

CONTRACTOR INFORMATION & BIDDING PROCEDURES

CONTRACTOR INFORMATION

2.01 CONTRACTOR RESPONSIBILITY

A. At the time of the Bid opening, each Contractor shall have examined the premises and sites to compare them with this RFB Documents.

B. Failure or omission of any Contractor to examine any form, instrument or document contained in this RFB shall in no way relieve any Contractor from any obligation with respect to their Bid. No allowances or extra payment will be made to a Contractor for failure to comply with the provisions of this Section, or by reason of error or oversight on the part of the Contractor.

C. It is understood, and the Contractor hereby agrees, that it shall be solely responsible for all equipment and/or services that it bids. Notwithstanding the details presented in these specifications, it is the responsibility of the Contractor to verify the completeness of the equipment required and its suitability to meet the intent of this Bid. Each system bid shall be for a complete turnkey system.

D. The Owner reserves the right to withdraw this RFB at any time or the right to accept or reject any and all Bids, either in whole or in part, submitted in response to this RFB, without penalty. The Owner also reserves the right to waive any informalities or irregularities therein, and to award the Contract to other than the Contractor(s) submitting the best financial Bid (low bidder), in its sole and absolute discretion. The Owner further reserves the right to select a single Contractor as a prime for the entire Project or for only portions of it. The Owner will be the sole judge of its needs and of the best elements of a Bid to meet those needs. The Owner’s decision is final.

E. Bids containing terms and conditions different from this section of this RFB may be rejected.

2.02 CONTRACT LIABILITY

A. The Contractor will be required to assume responsibility for all contractual activities offered in this Bid whether or not the Contractor performs them. Further, the Owner will consider the Contractor to be the sole point-of-contact with regard to contractual matters, including payment of any or all charges resulting from the anticipated Contract. If any part of the Work or component of the Bid configuration is to be subcontracted, such Bids must include a list of subcontractors, including firm name and address, contact person, complete description of Work to be subcontracted or component to be provided and descriptive information concerning the subcontractor's responsibilities.

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B. The Owner reserves the right to approve subcontractors for this Project and to require the

Contractor to replace subcontractors found to be unacceptable. The Contractor is totally responsible for adherence by the subcontractor to all provisions of the Contract. All Contract clauses between the Owner and the Contractor shall also apply to any contract between the selected Contractor and its subcontractor(s).

2.03 BID MODIFICATIONS

A. Any exceptions, explanations or statements, which the Contractor wishes to make, must be written on or attached to the Bid Form. Unless indicated, it is understood that the Bid is in strict accordance with all requirements and specifications contained in this RFB, including the Contract. The Technology Designer and/or the Owner may request additional information to clarify the Contractor’s Bid, to verify responsiveness to mandatory specifications, or to facilitate the fair comparison of competing Bids.

B. Bids shall be deemed final, conclusive and irrevocable. No Bid shall be subject to correction or amendment for any error or miscalculation unless unit prices for the additional or missing item(s) are included on the Bid Form. Submitted Bids may be adjusted by unit prices up or down to ensure all Bids submitted are compliant and compared fairly. Bid prices shall provide for a complete turnkey system as specified. Installation shall include, but is not limited to, all labor required for a turnkey system.

C. Exceptions to bid modifications are listed on Section 1.10 Statement on Bid Adjustments

Due To Potential Tariffs.

2.04 DISCREPANCIES, OMISSIONS AND INTERPRETATIONS

A. Contractors shall promptly notify Wright & Hunter (the “Technology Designer”) of any ambiguities, inconsistencies or errors, which it may discover upon examination of this RFB, the Bid Form, Drawings, AIA documents, the Contract, purchase orders generated by the Owner, any addenda to the aforementioned documents and all other documents pertaining to the systems (the “Contract Documents”) or of the site and local conditions. A Contractor requesting clarification or interpretation of the Bid/Contract Documents shall make a written request no later than March 12, 2025 by 12:00 PM. E-mail all questions to:

Scott Brune Email: sbrune@wrighthunter.com

B. All questions and answers will be shared with all Contractors issued through the SIGMA and

School District websites via addenda which shall become part of this RFB. Each Contractor must in its Bid, to avoid any miscommunication, acknowledge all addenda which it has received, but the failure of a Contractor to receive, or acknowledge receipt of, any addenda shall not relieve the Contractor of the responsibility for complying with the terms thereof.

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C. If prior to the Due Date for submission of Bids, a Contractor fails to notify the Technology Designer of a known error in this RFB or of an error that reasonably should have been known to the Contractor and if a Contract is awarded to the Contractor, the Contractor shall not be entitled to additional compensation or time, by reason of the error or its later correction.

D. In the event it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, addenda or revisions will be provided to all known recipients of the initial RFB.

E. Failure to acknowledge receipt of addenda or revisions, in accordance with the instructions contained in such addenda or revision, may result in Bids not being considered. Each Contractor's Bid shall stipulate that it is predicated upon all the terms and conditions of this RFB and any addenda or revisions thereto.

F. The submission of a Bid is an acknowledgment to comply with all terms of this RFB, the form of Contract and any other Bid/Contract Documents, except and only to the extent that the Contractor provides an express objection to a provision or provisions in writing, attached as a separate document along with its Bid Form, and specifically identifying the objection and providing a Bid alternative thereto. Any exceptions to the terms and conditions contained in the Contract, or any other special considerations or conditions requested or required by the Contractor relative to this RFB or the form of Contract shall be expressly/specifically enumerated by the Contractor and be submitted as part of its Bid, together with an explanation as to the reason such terms and conditions cannot be met by;

provided however, that exceptions or special conditions of the Contractor will not be binding upon the School District unless those exceptions or special conditions are expressly accepted by the School District, and incorporated into the final Contract.

2.05 WITHDRAWAL OF BIDS

A. Bids may be withdrawn, modified and resubmitted at any time prior to the time set for the

Due Date of Bids. The Contractor may not withdraw its Bid prices during the ninety (90) day period immediately following the Bid opening. All Bids and Bid prices shall be guaranteed for that period of time.

B. When the selected Contractor(s) (the “Contractor”) receives the notice of award from the

Owner within the above ninety (90) day period, it shall guarantee the prices through the interval required through the duration of the Project.

C. Exceptions to this price guarantee are listed on Section 1.10 Statement on Bid Adjustments

Due To Potential Tariffs.

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2.06 ACCEPTANCE OF BID

A. The Contract Documents shall include all bidding requirements and specifications, the terms of this RFB, the form of Contract, approved Project specifications and approved Project manual. Except as to any specific objection as required by Paragraph 2.04.F above, all of the foregoing, as well as the accepted portions of the Contractor's Bid shall become contractual obligations of the Contractor upon award by the Board of Education. Failure of the successful Contractor to accept these obligations in a contractual agreement may result in cancellation of the award and this RFB, forfeiture of the entire Bid bond, and any additional damages incurred by the Owner. If the terms, conditions or assumptions included in the Contractor’s Bid or response to this RFB differ from the Contract Documents, the terms and conditions that are most favorable to the Owner, as determined in the Owner's sole discretion, shall be binding.

2.07 SYSTEM ACCEPTANCE

A. Payment will be made only to the successful Contractor for services properly performed under the Contract. The Owner will withhold retainage of 10% until final payment, which will follow the Contractor's fulfillment of all obligations.

2.08 INSPECTION OF WORK AND ACCEPTANCE TESTS

A. The Contractor shall at all times, permit and facilitate inspection of the Work by the

Technology Designer and by public authorities having jurisdiction. The Technology Designer shall have the authority to stop the Work, if necessary, to insure its proper execution. Tests will be performed and documented by the installing Contractor and turned over to the Owner as part of the project documentation at the time of completion.

Deviations and/or corrections to the installation will be completed within ten (10) working days.

2.09 REQUIRED BONDS

A. At the time Bids are submitted, Contractors are required to submit a ninety (90) day Bid Guarantee Bond (5% of the total dollar amount).

B. The successful Contractor will be required to furnish a Labor and Materials Bond valued at the full amount of the Contract at the time the Contract is awarded for all labor and materials to be contracted and, in any event, before any Work commences.

C. The successful Contractor will be required to furnish a Performance Bond valued at the full amount of the Contract at the time the Contract is awarded and, in any event, before any Work commences.

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2.10 INSURANCE

A. The Contractor shall purchase and maintain insurance for protection from the claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or Subcontractor, or by anyone directly employed by any of them:

1. Claims under workers or workmen's compensation, disability benefits and other similar employee benefit acts;

2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees;

3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees;

4. Claims for damages insured by usual personal injury liability coverage, which are sustained by any person as a result of an offense directly, related to the employment of such person by the Contractor;

5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and

6. Claims for damages because of bodily injury or death of any person or property damage arising out of the maintenance or use of any motor vehicle. The insurance required shall be written in the following minimum limits:

a. General Liability:

1) $1,000,000

2) Including personal injury and property damage

3) $2,000,000 each aggregate

b. Automobile Liability:

1) $1,000,000

2) $2,000,000 each aggregate

c. Workers’ Compensation:

1) As required by the State of Michigan

d. Employers’ Liability:

1) $1,000,000

2) $2,000,000 each aggregate

B. Certificates shall name the Owner as additional insured.

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C. The Contractor's insurance shall either be (I) occurrence-based and in effect from the commencement of work and for 18 months following final completion of the work, or (ii) claims-based and in effect from the commencement of work and in effect for 6 years following final completion of the work.

2.11 QUANTITIES

A. It is understood and agreed that the Owner reserves the right to either increase or decrease quantities and to buy additional services under the terms of any Contract resulting from this Bid, so long as in accordance with law.

2.12 PRICES

A. Purchase prices shall remain firm throughout the entire Contract.

B. The Contractor must use the Bid Form included with this RFB. If additional pages are necessary, they must be in the same format as the original.

C. Any rebates applied in response to this RFB must be applied to line-item pricing, and not be included as one lump sum.

2.13 ALTERNATIVES

A. All Bids must be based upon the specifications included in this RFB. In addition to a base Bid, the submission of voluntary alternatives is acceptable. The base Bid must conform to the materials, labor and terminations established by the Bid specifications in this RFB. The Contractor must Bid the base Bid to be eligible to Bid an alternative. Each Contractor must identify in their response any deviations to the scope of Work and any construction requirements not addressed.

2.14 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

A. By submission of a Bid, the Contractor certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that in connection with this procurement:

1. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Contractor or with any competitor.

2. Unless otherwise required by law, the prices, which have been quoted in this Bid, have not been knowingly disclosed by any Contractor and will not knowingly be disclosed by the Contractor prior to procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other Contractor or to any competitor.

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3. No attempt has been made or will be made by the Contractor to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

B. Each person signing this Bid certifies that:

1. He/she is the person in the Contractor's organization responsible within that organization for the decision as to the prices being offered herein.

2. He/she is not the person in the Contractor's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decision.

C. By submission of Contractor’s Bid to this Project, the Contractor certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that in connection with this procurement: that no relationship exists between the Contractor and the procuring or contracting agency that interferes with fair competition or is in conflict of interest, and no relationship exists between the Contractor and another person or organization that constitutes a conflict-of-interest that is adverse to the Owner.

2.15 PROPRIETARY INFORMATION

A. This is a public Bid. Information submitted in response to this RFB is subject to Freedom of

Information Act requests and to be viewed by any interested party by request. Any Bids identified in whole or in part as proprietary will be disqualified.

B. Unless specifically excluded from this provision, all data, documentation and innovations resulting from contractual services will become the property of the Owner. Data contained in the Bid and all documentation provided as a result of these contractual services cannot be copyrighted and innovations developed as a result of these contractual services cannot be copyrighted or patented. Bids must clearly specify any data, documentation, software, or other innovations that are bid to be excluded from this provision and specifically provide, where applicable, for licensing of these materials to the Owner for the life of the system.

2.16 NONCOMPLIANCE

A. Failure to include in the Contractor's Bid all information requested in this RFB may be cause for rejection of the Bid. When responding to this RFB, please clearly state whether your firm complies with each section.

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2.17 COST LIABILITY

A. The Owner assumes no responsibility or liability for costs incurred by the Contractor prior to the signing of any Contract resulting from this RFB.

BID PROCEDURES

2.18 SEALED BID RECEIPT

A. BIDS MUST BE RECEIVED AND TIME STAMPED AT THE LAKEVIEW PUBLIC SCHOOLS, WHEAT

BUILDING, 27575 HARPER AVENUE, ST. CLAIR SHORES, MICHIGAN 48081 ON OR BEFORE

THE DUE DATE AND TIME SPECIFIED. CONTRACTORS ARE RESPONSIBLE FOR TIMELY

RECEIPT OF THEIR BID. BIDS WHICH ARE RECEIVED AFTER THE SPECIFIED DUE DATE AND

TIME WILL NOT BE CONSIDERED.

B. The Owner is soliciting Bids until 1:30 PM ET on March 21, 2025. Sealed Bids will be received at the Lakeview Public School’s Wheat Building, located at 27575 Harper Avenue, St. Clair Shores, MI 48081 up to this time at which time they will be publicly opened and read aloud.

C. If Lakeview Public Schools is closed on the due date, the bid shall be due the next school day the district is open.

D. The one (1) original, plus two (2) hard copies, and one (1) full electronic copy of the Contractor's Bid must be delivered in sealed package(s). All packages shall be clearly labeled with the following information:

1. Tracy VanPeeren, Deputy Superintendent

Lakeview Public Schools 27575 Harper Avenue St. Clair Shores, MI 48081

2. Contractor's Name and Address

3. Project Title: Chromebook Computers 25-LPS-CC-01

4. Bid Due Date

2.19 BID REQUIREMENTS

A. Provide the following information as required under each tab, assembled in a three (3) ring binders complete with a Table of Contents. All pages shall have page numbers, which shall be included in the Table of Contents.

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B. The Table of Contents shall be as follows:

1. Tab No. 1 Cover Letter

2. Tab No. 2 Required Bid Forms and Documents

a. Microsoft Word Document

1) Bid Forms

2) Familial Relationship Disclosure Statement

3) Iran Economic Sanctions Act Disclosure Statement

4) Criminal Background - Sex Offender Affidavit.

b. Bid Bond or Bid Surety

3. Tab No. 3 Organizational Chart / Schedule / Manpower

4. Tab No. 4 Chromebook Computers

5. Tab No. 5 Warranty, Maintenance and Service Agreements

6. Tab No. 6 Company Profiles for Prime Contractors, Major Subcontractors and Major Suppliers

7. Tab No. 7 Miscellaneous (Optional)

C. Description of Contents:

1. Tab No. 1, Cover Letter, shall include an executive overview of the Project and depict the Contractor’s complete understanding of the Project.

2. Tab No. 2, Required Bid Forms and Documents, shall include a completed Bid Form with price break downs by building and completion dates, the Familial Relationship Disclosure Statement, Iran Economic Sanctions Act Disclosure Form and Criminal Background - Sex Offender Affidavit.

Other required forms include a Bid Bond or Bid Surety, and Appendix A shall include a complete bill of materials, by building depicting quantities, manufacturer, catalog number, complete description, material unit price, labor cost breakdown and extended price.

3. Tab No. 3, Organizational Chart, shall depict the prime Contractor, the subcontractors, major suppliers, Project managers, superintendents, executive staff of each firm, service staff, the names of the individuals occupying those positions, WRIGHT & HUNTER, INC. © 2025 14 3/5/2025 telephone numbers, and e-mail addresses of all individuals on the organizational chart.

a. The Contractor shall provide a schedule that depicts major milestones required to achieve the completion dates previously specified. Typical milestone events are as follows:

1) Equipment delivery date and installation dates.

2) Completion of system install / power up by site.

3) Installation completion dates

4) Final testing dates

5) Provide an estimate of anticipated manpower required at each building to meet the specified completion dates.

4. Tab No. 4, Chromebook Computers, shall include the following information:

a. Manufacturers’ names.

b. Installation company’s name.

c. Number of years installing similar infrastructure.

d. List of clients of similar size and type with contact information.

e. Description of system operations.

f. Equipment model numbers.

g. System configuration.

h. Complete bill of material indicating quantities (include line-item prices), product descriptions, part numbers, and take-off for the products being provided must be included. Lump sum discounts are not acceptable.

5. Tab No. 5, Warranty information with sample maintenance and service contracts.

Include current service rates, trip charge rates and any additional charges that may apply.

6. Tab No. 6 and 7 are self-descriptive as to their intended content.

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SECTION 3

CONTRACT REQUIREMENTS

3.01 GENERAL

A. A form of Contract is included with this RFB and shall be binding between the Owner and

Contractor (the “Contract”). It is acknowledged that the form of Contract incorporates by reference the terms of this RFB and, in the event of any conflict among the Contract Documents; the provision most beneficial to the Owner shall govern. Notwithstanding the foregoing, the Owner reserves the right in its sole discretion to negotiate any term of the Contract prior to Contract award so long as any negotiated term does not affect the propriety of the competitive bidding process. While not limiting the breadth of the form of Contract's incorporation of the RFB, the following are all required Contractual provisions:

3.02 LAWS AND PERMITS

A. The Contractor shall comply with all federal, state and municipal laws, rules, regulations, ordinances, or orders governing or affecting in any way the Work under this Contract, including board of education policies. Also, the Contractor shall give all notices and obtain all permits necessary and required for the Work and shall pay all costs and fees for the same. The Contractor must furnish copies of all approved inspection certificates and approvals from authorities having jurisdiction within thirty (30) days of completion and acceptance of Work as evidenced by applicable acceptance documents.

B. Where appropriate, all equipment and installation workmanship shall comply with specifications contained in Electronics Industries Association Standards and the National Electrical Code. As pertinent, all equipment shall be FCC-certified, FCC type accepted and/or UL listed. All Work shall be conducted according to the standards of good engineering practice.

3.03 PROTECTION OF PERSONS AND OTHER STRUCTURES

A. The Contractor agrees to exercise special precautions to avoid damage to facilities of the Owner and others. The Contractor hereby assumes responsibility for any and all damage to such facilities arising out of or caused by the conduct or property of the Contractor, whether by the negligence of the Contractor, its agents, employees or subcontractors. The Contractor shall make an immediate report to the Owner and the Technology Designer of any damage to the facilities or others. The Contractor hereby agrees to repair or replace at their own expense or to reimburse the Owner for expenses incurred by the Contractor in making necessary repairs and replacements.

B. The Contractor shall assume all responsibility for bodily injury to persons, including death or damages sustained or claimed by its employees, the employees of the Owner, or by any other person, and also for damage to property, including property of the Contractor, the

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Owner or any other person; and also, for any interruptions to electric or community antenna television or other communications service which may occur or allegedly occur because of, or result from, or in any manner are connected with, or directly or indirectly, arise out of or are caused in whole or in part by the material provided or the Work performed by the Contractor, its agents, employees or subcontractors under the Contract.

3.04 SAFETY

A. Each Contractor shall be responsible for its own safety and hazard program. Each program shall be in accordance with provisions of the Occupational Safety and Health Act (OSHA), Michigan OSHA (MIOSHA), the Environmental Protection Agency (EPA), and the Material Safety Data Sheets (MSDS). The Contractor shall maintain an effective safety program and conform to all federal and local safety codes. Upon written request by the Owner and/or the Project Manager, the Contractor shall provide the registered programs documenting safety and hazard programs.

B. During Projects in construction zones or if site conditions require, the Contractor and all of his/her staff, agents and/or subcontractors must wear Contractor provided hard hats anytime they are onsite. The Contractor shall assume sole responsibility and liability for hat usage of his/her staff, agents and/or subcontractors.

3.05 IMPLEMENTATION PLAN

A. The successful Contractor must prepare and submit a final implementation plan and timeline as part of the final Contract Documents. The Contractor and the Owner will mutually determine the critical dates that must be met, so long as consistent with the then-applicable Project Schedule. The Contractor will be required to adhere to, meet and maintain activities to the timeline schedule as planned. The Contractor will also be required to be flexible towards changes in the priorities of the timeline schedule during the entire Project and will make all related changes at no additional cost to the Owner.

3.06 ADDITIONAL RESOURCE REQUIREMENTS

A. If the Contractor fails to complete the Project or a segment of the Project within the time period agreed to in the Contract Documents, and if as a result, the Owner finds it necessary to incur any additional costs and/or expenses (for example, needing to hire additional Contractors to complete Work which is not being completed in a timely or satisfactory manner), the Contractor shall pay all those costs and expenses incurred by the Owner.

These costs and expenses may include, but are not limited to, such items as additional hours spent by the Technology Designer, additional architectural fees and fees related to the acquisition of additional Contractors to complete the job. These costs and expenses may be retained by the Owner from any payments otherwise due to the Contractor for Work, which has not been completed within the terms of the Contract Documents. The Owner may hire additional Contractors if seven (7) day notice has been given to the Contractor and the Contractor has failed to remedy the failure, to act in accordance with

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the notice, or has repudiated the Contract. Failure by the Contractor to give adequate assurances when deadlines on the timeline have not been met will also result in the Owner’s right to bring in other Contractors to complete the Contract or a segment of the Contract.

3.07 CLEAN-UP AND MAINTENANCE

A. During preparation and construction, the Project area must be kept free from scrap and debris in accordance with established safety and health standards. Upon completion of Work, each day and at the end of the Project, the Contractor will be held responsible to clean up and remove debris from the site. Damage to any portion of equipment or existing structure is the responsibility of the Contractor and repairs must be completed before acceptance and final payment is issued.

3.08 PAYMENT FOR SERVICES

A. No later than two (2) weeks prior to the date of the first application for payment, the Contractor shall furnish the Owner with a breakdown of the Contract amount setting forth the schedule of values of labor and materials of the various parts of the Work on which the Contract is based as detailed from the specifications or as further directed by the Owner. A meeting between the Technology Designer and the Contractor shall also be required before the first application for payment is submitted to set forth the procedure and format in which all applications are to be submitted. Final payment will be made only after the successful completion of a performance-testing period, the Owner’s acceptance of the system and final documentation has been received and approved by the Technology Designer and the Owner.

B. Final payment by the Owner to the Contractor shall be made within thirty (30) days of final completion, Owner acceptance of the system as installed and receipt and approval of final documentation by the Technology Designer and the Owner.

C. Ten percent (10%) of the total Contract amount will be withheld and will not be paid until after final acceptance, which includes submission and approval by the Owner and the Technology Designer of all Work, testing results, and documentation.

3.09 CONTRACT PAYMENT SCHEDULE

A. The Contractor shall pay all sales, consumers, use and any and all other applicable taxes required by law.

B. The Technology Designer will review and certify the accuracy of invoices for the Owner's subsequent review, approval and payment. Certification by the Technology Designer that the invoice is an accurate account of Work properly performed does not prevent the Owner from disputing the propriety of any applicable payment. Any questions regarding the payment process should be directed to Scott Brune by e-mail at

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sbrune@wrighthunter.com. All invoices and requests for payment should be sent directly to the Technology Designer at sbrune@wrighthunter.com.

C. Rates quoted in response to this RFB are firm through the duration of the Project. No increases will be permitted. Any requests for modification to the original design and/or scope of Work must be approved in writing by the Owner prior to any modification.

D. Each Application for Payment shall be consistent with previous applications and payments as certified by the Technology Designer and paid for by the Owner.

1. The Application for Payment at time of Substantial Completion and the final Application for Payment involve additional requirements.

E. Payment Application Times: The date for each progress payment is the 15th day of each month. The period of construction Work covered by each Application for Payment is the period ending fifteen (15) days prior to the date for each progress payment and starting the day following the end of the preceding period.

F. Payment Application Forms: Use AIA Document G 702 and Continuation Sheets G 703 as the form for Application for Payment.

G. If the Bid involves more than one Project, each Project shall have separate payment application forms. The Technology Designer will identify each Project.

H. Application Preparation: Complete every entry on the form, including notarization and execution by the person authorized to sign legal documents on behalf of the Contractor.

Incomplete applications will be returned without action.

1. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application.

I. Transmittal: Submit three (3) executed copies of each Application for Payment to the Technology Designer. One copy shall include waivers of lien, proof of items stored, proof of insurance for stored items and similar attachments, when required.

J. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanics lien from every entity who may lawfully be entitled to file a mechanics lien arising out of the Contract, and related to the Work covered by the payment. The Contractor acknowledges that liens cannot be placed on public property and are therefore inapplicable to this Project.

K. Application for Payment at Substantial Completion: Actions and submittals that shall proceed or coincide with this application include:

1. Warranties (guarantees) and maintenance agreements.

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2. Test/adjust/balance reports.

3. Maintenance instructions.

4. Start-up performance reports.

5. Final cleaning.

6. Application for reduction of retainage, and consent of surety.

7. Punch list of incomplete Work.

L. Final Payment Application: Actions and submittals that shall precede or coincide with this application include:

1. Completion of Project closeout requirements.

2. Completion of items specified for completion after Substantial Completion.

3. Transmittal of required Project construction records to the Owner.

4. Proof that taxes, fees and similar obligations have been paid.

5. Removal of surplus materials, rubbish, and similar elements.

3.10 CONTRACTOR'S SWORN STATEMENT AND WAIVER OF LIEN

A. The Contractor's sworn statement and waiver of lien shall be submitted with the invoice.

The Contractor must state all subcontractors and status of payment for labor and materials to each. Payment will not be processed until these forms have been received.

3.11 INTERRUPTION OF OCCUPANCY

A. The installation must not interrupt the normal activity of the Owner. All Work which will cause disruption of the Owner’s existing systems and services must be accomplished during time periods when it is least inconvenient to the Owner and completed in the shortest possible time frame (i.e. after normal school hours). The Owner is not responsible for any overtime and/or premium time not identified in the Contractor’s Base Bid pricing response.

B. Each Contractor is responsible to plan, coordinate and execute their Work in such a manner that there will be no disruption of the Owner’s operations. If an interruption of operations is unavoidable, the Work will be scheduled with the Owner prior to beginning such Work.

3.12 REJECTING DEFECTIVE WORK

A. The Technology Designer and/or the Owner will have the authority to disapprove or reject Work, which is defective, unsatisfactory, faulty, does not conform to the requirements of the Contract Documents or does not meet the manufacturers’ requirements. The Technology Designer and/or the Owner will also have the authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed.

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3.13 SPECIFICATION DEVIATION

A. Commodities procured under these specifications shall not deviate from those originally Contracted for without written approval from the Owner and so long as consistent with law.

B. The Owner has sole responsibility for the interpretation of all documents. Any claims and/or disputes associated with and/or arising from this RFB must be submitted in writing and directed to the Owner within thirty (30) days of dispute and/or claim.

3.14 EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT

A. All Contracts for Work herein are subject to all existing and applicable provisions for the payment of prevailing rate of wages to laborers, workmen and mechanics engaged in the Work.

B. Except as set forth in Paragraph 3.14.C below, the contents of the Contract Documents of the successful Contractor shall be contractual obligations upon Bid acceptance. Failure of the successful Contractor to accept these obligations in the Contract may result in a cancellation of award and forfeiture of bid bond.

C. The Owner reserves the right to negotiate provisions in addition to those stipulated in this

RFB or proposed by the successful Contractor for the purpose of obtaining the best possible Bid. If the Contractor should discover any provisions in the Contract that are contrary to or inconsistent with the law, ordinance, order or decree, the Contractor shall immediately report it to the Owner in writing.

3.15 CONTRACT SUSPENSION, TERMINATION AND CANCELLATION

A. The Owner may cancel the Contract effective as a result of this RFB in whole or in part as follows:

1. By mutual agreement of the contracting parties. Upon such termination, the Owner’s liability shall be limited to the reasonable value of services performed and deemed acceptable by the Owner upon the date of such mutual agreement.

2. If the Owner deems that such termination is in its best interest. In the event that the

Owner gives notice to terminate pursuant to this subsection, such notice shall be given no less than thirty (30) days prior to the date on which the termination becomes effective. Upon such termination, the Owner’s liability shall be limited to the reasonable value of services performed and deemed acceptable by the Owner as of the effective date of the termination.

3. For cause, which shall include, but is not necessarily limited to, failure or unwillingness of the Contractor to comply with the approved program, including

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attached conditions; failure to comply with applicable state statutes or other applicable laws or policies; or failure to comply with such directives as may become generally applicable at the time; refusing/failing to provide enough properly skilled workers to timely complete the Work; failing to pay subcontractors and suppliers;

failing to prosecute the Work with diligence; and breaching any term of the Contract.

4. Due to lack of appropriation of necessary funding, cancellation due to lack of appropriation shall be without penalty. Upon such cancellation, the Owner’s liability shall be limited to the reasonable value of services performed and deemed acceptable by the Owner as of the effective date of cancellation.

B. The Contract may only be modified by: (i) mutual written agreement of the parties, (ii) a properly-executed change order, signed by the Contractor, Owner and Technology Designer describing the additional/different Work, price and time frame for performance, and (iii) a construction change directive issued by the Owner, for which the Contractor must commence prosecution of the Work promptly (but no less than 10 days) and any modification to Contract price or time will be later determined. In the event the parties cannot mutually agree to an adjustment in price or time for a construction change directive, the Technology Designer shall have the right and authority to determine same. If the Contractor objects to such determination, it may file a claim in accordance with the Contract. Rejection by the Contractor of any construction change directive may be the basis of Contract suspension, termination or cancellation.

C. No cancellation will affect any expenditures or legally binding commitments made prior to receiving notice of the cancellation, suspension or termination provided such expenditures or commitments were made in good faith and not in anticipation of cancellation and are otherwise allowable.

D. Upon execution of the Contract, the Owner shall be deemed the owner of all materials and equipment actually incorporated into or purchased for the Project, as well as the owner of all documentation used with respect to same. In the event of cancellation prior to the full term of the Contract, the Contractor shall arrange to provide the Owner with all Work documents, computer programs and files used/developed by the Contractor during the period the Contract was effective. The title to such programs and materials as well as any equipment and materials supplied while the Contract is in effect, shall rest with the Owner.

3.16 DELAYS AND EXTENSIONS OF TIME

A. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner, an employee of the Owner, any separate Contractor employed by the Owner (whether related to technology improvements or non-technology improvements), changes ordered in the Work, acts of God, fires, floods epidemics, quarantine restrictions, or any other cause beyond the Contractor's reasonable control, then the Contract time shall be extended by change order for such reasonable time as the Owner and the Contractor may

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determine. An extension of time for performance shall be the only remedy for any such delay, and damages related to any such delay are inapplicable.

B. If the Technology Designer and/or the Owner determines that the progress of the Work falls behind the current Project schedule due to the control, management, direction, acts or omissions of the Contractor, its agents, employees or subcontractors the Contractor shall take whatever remedial action as directed, including, but not limited to the following:

1. Increase staff and labor force

2. Work overtime

3. Add or change subcontractors

4. Utilize more expensive materials/methods

5. Reschedule

C. Costs of any remedial action, which are caused by the control, management direction, acts or omissions of the Contractor, its agents, employees or subcontractors, shall not be assigned to the Owner and no increase in Contract price will be authorized.

3.17 DELIVERY OF EQUIPMENT AND/OR MATERIALS

A. Delivery shall be destination, set in place, ready for use unless otherwise specified, with packing and debris removed by the Contractor. The Contractor shall receive and accept its equipment and/or materials from the transportation company or carrier and shall provide all handling, carrying, etc., to the final location for each piece of equipment and/or materials in the building. Crating materials and other trash resulting from the installation shall be removed from the premises daily. Excelsior and similar hazardous trash shall be removed immediately upon unpacking. No accumulation of trash shall be permitted.

B. The Contractor must have a representative at the job site during all unloading and placing of equipment. This service shall be included in the Contractor's Bid (and, thus, the Contract Sum). The Owner shall hold this representative operationally responsible for the services indicated and he/she shall have such capability and be given such responsibility by the Contractor that he/she can act on the Contractor's behalf in any situation, which may arise on the site of delivery. The Contractor’s representative shall use some method, approved by the Owner, to show the item has been inspected and whether it has been "Approved" by the Contractor or if repairs or replacement is necessary. This shall be done prior to the Owner's final inspection. Any Owner rejection shall be honored, even if the Contractor has previously "approved" the equipment.

C. Contractors are cautioned to check their manufacturing and shipping schedules carefully before fixing their proposed delivery schedule. If, for any reason, any items of equipment should arrive prior to the building being ready to receive them, the successful Contractor shall make its own arrangements for temporary…