3-12 Interactive White Boards RFP.docx

3-12 INTERACTIVE WHITE BOARD/PROJECTOR RFP

STURGIS PUBLIC SCHOOLS, STURGIS, MICHIGAN

3-12 INTERACTIVE WHITE BOARD/PROJECTOR RFP

STURGIS PUBLIC SCHOOLS

OWNER

Sturgis Public Schools 107 W. West Street Sturgis, MI 49091

August 27, 2021

OFFICIAL DOCUMENT

ADVERTISEMENT FOR REQUEST FOR BID

Project:

3-12 Interactive White Board/Projector RFP Sturgis Public Schools – 107 W West St, Sturgis MI 49091 Bid Package #:

Notice is hereby given that sealed bids for 3-12 Interactive White Board/Projector RFP for Sturgis Public Schools will be received by Sturgis Public Schools, 107 W. West Street, Sturgis, Michigan 49091, Attention: Director of Finance, Mr. Ray Sterling. Delivery on or before March 12, 2021 at Noon., local time. No allowance will be made for late delivery for any reason.

Bids shall be prepared in accordance with specifications outlined in Request for Bid.

Bids will be publicly opened on Friday, September 10, 2021, Noon, local time, by Sturgis Public Schools at 107 W. West Street, Sturgis, Michigan 49091, evaluated, with awards subsequently to be made by Sturgis Public Schools.

Bid documents may be picked up by bidder, on or after Friday August 27, 2021, at the following location: Sturgis Public Schools, 107 W. West Street, Sturgis, Michigan 49091, (269) 659-1500.

Questions of a technical nature which may arise as a result of this Request for Bid may be directed to Von Metzger, Director of Technology, (269) 659-1527.

There will be a mandatory bid walk through on September 3, 2021 at 3:00pm (local time) beginning at Sturgis Middle School which is located at 1400 East Lafayette Street, Sturgis, MI 49091. This walk through will be conducted by Von Metzger, Director of Technology at Sturgis Public Schools.

A bidder will be permitted to withdraw his bid, unopened, after it has been submitted if so requested prior to the time specified above for opening of bids.

The successful bidder shall be required to enter into a contract with Sturgis Public Schools.

Sturgis Public Schools is exempt from all taxes.

The right to reject any or all bids, either in whole or in part, or to waive any informalities or irregularities therein, is reserved by Sturgis Public Schools.

Date: August 27, 2021

Authorized Signature, Ray Sterling

Director of Finance

INFORMATION TO BIDDERS

1. Receipt and Opening of Bids

2. Definitions

3. Qualification of Bidder

4. Sole Bidder

5. Inspection of Contract Documents

6. Examination of Site

7. Discrepancies, Omissions or Interpretations

8. Pre-Bid Conference

9. Addenda

10. Unit Prices

11. Sales Tax

12. Bid Security

13. Familial Statement of Disclosure

14. Performance and Payment Bond

15. Insurance

16. Method of Ordering

17. Payment

18. Hours of Work

19. Safety

20. Workmanship/Inspection

21. Environmental Statement and Responsibility of Contractors and Subcontractors

22. Laws, Permits, Licenses, Regulations, Etc.

23. Trade Subcontracts

24. Contractor’s Responsibilities

25. Bid Submission Instructions

26. Withdrawal or Revision of Bid Proposals

27. Acceptance and Rejection of Bid Proposals

28. Affirmative Action

29. Indemnify and Hold Harmless Agreement

30. Termination of Contract to Purchase

31. Post-Bid Information

32. Bid Specification Section

33. Bid Proposal Form

TENTATIVE TIME LINE

August 27, 2021 Documents Available to Vendors

September 3, 2021 Mandatory Bid Walk Through at 3:00 p.m., local time

September 10, 2021 Bid Opening at Noon, local time

September 13, 2021 Board of Education Review of Recommended Vendor

September 20, 2021 Board of Education Approval of Recommended Vendor

INFORMATION TO BIDDERS

1. RECEIPT AND OPENING OF BIDS

Refer to the ADVERTISEMENT FOR REQUEST FOR BID for pertinent information.

Proposal sent via mail must be sealed with bidder’s name on the outside of the envelope and designated as follows:

2. DEFINITIONS

A. The bid documents consist of the Bid Scope Document, the conditions of the contract (General, Supplementary General and Special Conditions), the drawings, the specifications, appropriate performance and payment bonds, all addenda issued prior to receipt of bids.

B. The contract documents consist of the agreement, the conditions of the contract (General, Supplementary General and Special Conditions), the Schedule Narrative, Description of the Work, the drawings, the specifications, appropriate performance and payment bonds, all addends issued prior to execution of the contract, and all modifications issued after execution of the contract.

C. The Bid Scope Documents contain the ADVERTISEMENT FOR REQUEST FOR BID, Information to Bidders, Schedule Narrative, Description of the Work, Special Conditions, and sample contract forms.

D. A bidder is a legal entity in the industry capable of performing the work of the bid category (ies) for which he/she is submitting a bid. After award of a contract, the bidder will be known as a Contractor.

E. Base bid is the sum stated for which the bidder offers to perform the complete work of a bid category to which work may be added or deducted. The base bid shall be in strict accordance with the bid category work description, plans and specifications.

F. An alternate bid (or alternate) is an amount stated in the bid to be added to or deducted from the amount of the base bid if the corresponding change in project scope, materials or methods of construction described in the contract documents is accepted.

G. A unit price is an amount stated in the bid as a price per unit of measurement for materials or services as described in the contract documents.

H. Bid categories are units of work performed by a Contractor and their Subcontractors which form part of the total project. The term “bid category” should not be confused with the term “technical section”. Technical sections of the specification establish quality and performance criteria, and the bid categories designate work scope and assignment.

I. A Bid category work description is a written description of the scope of work to be performed by a bidder for a bid category. A description of the work is provided in the Description of Work section of the Bid Scope Document for each bid category.

J. The term day is defined as calendar days unless otherwise specified.

K. Contractor is defined as One who contracts to perform work, or supply articles at a certain price or rate; one who is party to a contract.

3. QUALIFICATION OF BIDDER

A. The Owner reserves the right to request qualification information from any bidder before issuing documents, receiving bids or awarding a contract. The Owner may, at its sole discretion, accept or reject bidders as qualified. The right to waive any informalities in qualification materials is reserved by the Owner. The Bidder, in submitting their bid, agrees to accept the decision of the Owner as final.

B. The submitters shall provide full disclosure of all existing client relationships that currently or prospectively may give rise to conflicts of interest and disqualification as governed by the codes of rules of professional responsibility and conduct.

C. Contractor shall require all subcontractors, insurance agents, and materials suppliers(payees) to comply with the provisions of this article by insertion of the requirements hereof in a written contract agreement between Contractor and payee. Failure to obtain such written contracts which include such provisions shall be reason to exclude some or all of the related payees’ costs from amount payable to Contractor pursuant to this contract.

D. Any one or more of the following causes may be considered sufficient for the disqualification of a Bidder and the rejection of his/her Bid.

1. Evidence of collusion among Bidders

2. Lack of expertise as shown by past work, and judged from the standpoint of workmanship and performance history.

3. Uncompleted work under other contracts which, in the judgment of Owner, might hinder or prevent the prompt completion of additional work if awarded.

4. Being in arrears in existing contracts, in litigation with an Owner, or having defaulted on a previous contract.

4. SOLE BIDDER

A. It is the Owner’s intent that this Request for Bid permit competition. It shall be the bidder’s responsibility to advise the Owner in writing if any language, requirements, scope specifications, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFB to a single source. Such notifications shall be received by the Owner no later than seven (7) days prior to the date set for acceptance of bids.

B. The Owner reserves the right to cancel the bid if there is only one bid received. The Owner’s decision will be final.

5. INSPECTION OF CONTRACT DOCUMENTS

A. Bid documents are located and may be inspected at the location as indicated in the ADVERTISEMENT FOR REQUEST FOR BID.

B. Bid documents may be obtained at the location cited in the ADVERTISEMENT FOR REQUEST FOR BID.

C. Partial sets of the contract documents will not be made available. Complete sets of bid documents shall be used in preparing bids. The Owner does not assume any responsibility for errors, omissions or misinterpretations resulting from the use of incomplete sets of contract documents.

D. The Owner, in making copies of the contract documents available, does so only for the purpose of obtaining bids on the work, and does not confer a license or grant for any other use, therefore does not warrant its completeness and adequacy.

6. EXAMINATION OF SITE

A. The bidder shall be held to have examined the premises and site(s) so as to compare them with the contract drawings and specifications, and to have satisfied him/herself as to the condition of the premises, measurements and quantities involved in the bid package, and be familiar with conditions of the project areas, etc., necessary for carrying out the work before the delivery of his/her proposal. No allowances or extra payment will be made to a Contractor for or on account of costs or expenses occasioned by failure to comply with the provisions of this paragraph, or by reason of error or oversight on the part of the bidder, or on account of interference by the Owner’s or other Contractor’s activities. It shall be expressly understood that the Owner’s operations will take precedent over any activity.

7. DISCREPANCIES, OMISSIONS OR INTERPRETATIONS

A. Bidder shall promptly notify the Owner of any ambiguity, inconsistency, or errors which they may discover upon examination of the contract documents or of the site and local conditions. Bidders requesting clarification or interpretation of the bid documents shall make a written request to the Owner to reach him at least three (3) calendar days prior to the date for receipt of bids for transmittal to the Owner. Direct all questions to:

Ray Sterling Sturgis Public Schools 107 W. West Street Sturgis, MI 49091

(269) 659-1503 Phone

(269) 659-1584 Fax

B. Any interpretation, correction, or change of the contract documents will be made by written addendum by the Owner and issued by the Owner. Interpretations, corrections, or changes of the document made in any other manner will not be binding. Addenda will be mailed or delivered to all who are known by the Owner to have received contract documents.

C. If any provisions of this Invitation to Bid shall be held to the invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

D. Any agreement entered into with the Contractor shall not be construed as granting “any exclusive rights thereunder”. The Owner retains the right to contract with other parties for such services as it deems necessary.

8. PRE-BID CONFERENCE

There will be a pre-bid walk through on September 3, 2021 at 3:00pm (local time) beginning at Sturgis Middle School which is located at 702 East Lafayette Street, Sturgis, MI 49091 and will visit Sturgis High School and Eastwood Elementary after the Middle School. This walk through will be conducted by Von Metzger, Director of Technology at Sturgis Public Schools.

9. ADDENDA

A. Addenda issued during the time of bidding shall become part of the contract documents and receipt thereof shall be acknowledged on the bid proposal.

B. Each bidder shall ascertain prior to submitting their bid that they have received all addenda issued.

C. Addenda will be mailed or delivered to all who are known by the Owner to have a set of contract documents. Copies of the addenda will be made available for inspection wherever contract documents are on file for that purpose.

10. UNIT PRICES

A. A unit price is an hourly rate for services. Such services will be requested and directed by the Owner. An hourly rate should include all costs associated with such services (i.e., employee costs, taxes, insurance, profit and overhead, equipment and vehicles). Any materials provided by the Contractor shall be billed in addition to the hourly rate.

B. Each bidder must bid on all unit prices listed in the bid proposal. They will be fully considered in awarding the contract.

C. Bids are considered irregular and may be rejected if unit prices contained in the bid proposal are obviously unbalanced either in excess of, or below, reasonable cost analysis values.

D. Any unit price which, in the sole opinion of the Owner, is unbalanced or excessive, may be rejected without affecting the validity of the bid or other unit prices. An entire bid may be rejected if, in the sole opinion of the Owner, rejection of individual unit prices materially affects the bid.

11. SALES TAX

Owner is exempt from all taxes. The Contractor shall be responsible for the payment of any tax obligation it may incur in connection with the Work of this project, including but not limited to State sales and use taxes. The cost of these shall be included in the bid price.

12. BID SECURITY

Each Bid shall be accompanied by Bid Security. Bid Security shall be in the amount of five percent (5%) of the base Bid(s). Bid Security may take the form of a Bid Bond, Certified Check, Cashier’s Check, or a Money Order.

The Owner will have the right to retain the Bid Security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

13. FAMILIAL STATEMENT OF DISCLOSURE

All Bids shall be accompanied by the attached and notarized statement disclosing any familial relationship (or lack of a relationship) that exists between the Owner or any employee of the bidder and any member of the Board of Education of the Sturgis Public Schools or the Superintendent of the School District. The District shall not accept a bid that does not include a sworn and notarized disclosure statement.

FAMILIAL STATEMENT OF DISCLOSURE

STURGIS PUBLIC SCHOOLS

Sturgis Public Schools 107 W. West Street Sturgis, MI 49091

Dear Ladies and Gentlemen:

I/We the undersigned, acknowledge by this sworn and notarized statement disclosing any familial relationship (or lack of a relationship) that exists between the Owner or any employee of the bidder and any member of the Board of Education of the Sturgis Public Schools or the Superintendent of the School District. The District shall not accept a bid that does not include a sworn and notarized disclosure statement.

We have prior familial knowledge of parties involved. (Attach clarification)

We have no prior familial knowledge of parties involved.

Signature

Company Name

Notary Public

_____________County, Michigan

My Commission Expires: ________

14. PERFORMANCE AND PAYMENT BOND

A. If the bid exceeds $50,000.00, acceptable bidders shall be required, as a condition precedent to award of contract, to furnish in the amount of 100% of the contract price, satisfactory Performance Bond and Labor and Material Payment Bond on contract. Performance Bond and Labor and Material Payment Bond, by a quality surety licensed to do business in the State of Michigan with cost of bond included in the base bid amount.

B. The bidder shall deliver the required bonds to the Owner within 15 days after award of the contract. If the work is to be commenced prior thereto in response to a letter of intent, the bidder shall submit evidence to the owner that such bonds will be furnished prior to commencement of the work.

C. The proposed bonding company of the bidder shall be acceptable to the Owner. The Owner shall be listed as obligee on the bond.

15. INSURANCE

A. Limitation of Liability – By signing the bid, the bidder acknowledges that he/she is skilled and experienced in the use and interpretation of the Specifications. He/she has reviewed the Specifications for this project and has found them to be free of ambiguities and sufficient for Bid purposes. Further, he/she has examined the site(s) of the Work and from his own observations, has satisfied himself/herself as to the nature and location of the Work; the character and quantity of work; the difficulties likely to be encountered; and other items which may affect the performance of the work. He/she has bases his/her Bid solely on these documents and observations and has not relied in any way on any explanation or interpretation, oral or written, from any other source.

B. Insurance Required – Prior to commencement of the Work, the Contractor shall provide to the Owner satisfactory proof of insurance and maintain during the term of the project such insurance as will protect him and the Owner from claims arising out of the Work described in this Contract and performed by the Contractor or Subcontractors consisting of:

1. Worker’s Compensation Insurance including Employer’s liability to cover employee injuries or disease compensable under the Worker’s Compensation Statutes of the State of Michigan, disability benefit laws, if any or Federal compensation acts such as U.S. Longshoremen or Harbor Workers’, Maritime employment, or Railroad Compensation Acts, if applicable. Self-insurance plans approved by the regulatory authorities in the State of Michigan are acceptable.

2. A Comprehensive General Liability policy to cover bodily injury to persons other than employees and for damage to tangible property, including loss of use thereof, including the following exposures:

a. All premises and operations.

b. Explosion, collapse, and building damage.

c. Contractor’s Protective coverage for independent contractors or subcontractors employed by him.

d. Contractual Liability for the obligation assumed in the Indemnification or Hold Harmless agreement found in the Supplemental Conditions section of this Contract.

e. The usual Personal Injury Liability endorsement with no exclusions pertaining to employment.

f. Products and Completed Operations coverage. This coverage shall extend through the Contract guarantee period.

3. A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the ownership, maintenance or use of any motor vehicle, including owned, non-owned and hired vehicles. In light of standard policy provisions concerning (1) loading and unloading and (2) definitions pertaining to motor vehicles licensed for road use vs. unlicensed or self-propelled equipment, it is strongly recommended that the Comprehensive General Liability and the Comprehensive Auto Liability be written by the same insurance carrier, though not necessarily in one policy.

4. Umbrella or Excess Liability: The Owner, for this project may waive the umbrella or excess liability coverage under the “Limits of Liability” below. This coverage may be considered when awarding this contract, however, it is not a requirement of this contract. The Contractor is granted the option of arranging coverage under a single policy for the full limit required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy equal to the total limit(s) requested. Umbrella or Excess policy wording shall be at least as broad as the primary or underlying policy(ies) and shall apply both to the Contractor’s general liability and to his automobile liability insurance. The Owner, Sturgis Public Schools, shall be listed as Additional insured.

5. Property Insurance: The Contractor shall be solely and exclusively responsible for all of its equipment and materials used or located at the Project. The Owner is hereby released and shall not have any liability of any kind whatsoever for any damage, destruction, vandalism, theft or any other loss of any kind to Contractor’s equipment and materials used or located at the Project.

a. The Contractor shall effect and maintain similar property insurance on portions of the Work stored off site or in transit when such portions of the Work are included in an application for payment.

C. Limits of Liability – The required limits of liability for insurance coverage required under “Insurance Required” above shall be not less than the following:

1. Workers Compensation

2. Comprehensive General Liability Bodily Injury – Each Occurrence $500,000.00 Bodily Injury – Aggregate

3. Comprehensive Automobile Liability

4. Umbrella or Excess Liability $1,000,000.00

D. Insurance – Other Requirements

1. Notice of Cancellation or Intent Not to Renew – Policies will be endorsed to provide that at least thirty (30) days written notice shall be given to the Owner of cancellation or of intent not to renew.

2. Evidence of Coverage – Prior to commencement of the Work, the Contractor shall furnish to the Owner, Certificates of Insurance in force. The Owner reserves the right to request complete copies of policies if deemed necessary to ascertain detail of coverage not provided by the certificates. Such policy copies shall be “Originally Signed Copies,” and so designated.

3. Qualification on Insurers – In order to determine financial strength and reputation of insurance carriers, all companies providing the coverage required shall have a financial rating not lower than XII and a policyholder’s service rating no lower than A+ as listed in A.M. Best’s Key Rating Guide, current edition. Companies with ratings lower than A+: XII will be acceptable only upon written consent of the Owner.

4. Subrogation Clause – The following subrogation clause shall appear in all policies of insurance, “Subrogation Clause – It is hereby stipulated that this insurance shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any part for loss occurring to the property described herein.”

5. Additional Insured Provision on Policy(ies) is to read as follows:

“The Sturgis Public Schools, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from:

a. activities performed by or on behalf of the Named Insured,

b. products and completed operations of the Named Insured,

c. premised owned, leased or used by the Named Insured, or

d. the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured.”

16. METHOD OF ORDERING

Issuance of a written purchase order by the Purchasing Department is the method of ordering product or services. All Contractor invoices and packing/delivery tickets must include the purchase order number.

17. PAYMENT

A. Payment to be made from Contractor’s invoice. Invoices must contain the bid number and purchase order under which the contract is awarded.

B. Payment of invoices will be rendered by the Owner within four (4) weeks of their receipt, assuming no discrepancies exist.

C. The Contractor is responsible for submitting all invoices within thirty (30) days of the date for which services are rendered.

18. HOURS OF WORK

A. The Contractor shall not interfere with or disrupt normal school operations.

B. Because other activities of the Owner may be proceeding at the same time as the Work covered by this Specification, the Contractor shall cooperate with the Owner’s Representative to ensure that all contract work progresses in a manner which does not conflict with other activities.

C. Normal hours of work are 8:00 a.m. to 3:30 p.m., Monday through Friday.

19. SAFETY

A. The Contractor shall be responsible for providing and for placing signage, barricades, tarps, plastic, flag tape and other safety/traffic control equipment required to protect its employees, the public, surrounding areas, equipment and vehicles. The flow of vehicular traffic shall not be impeded at any time during this project. The safety of the Contractor’s employees and the public is of prime concern to the Owner, and the Contractor must take all necessary steps to assure proper safety during the performance of the Contractor. Any bidder that has a history of safety problems or high incidence of accidents will not be considered for award of a Contract.

B. The Contractor shall be responsible for all damages to the owner’s property caused by either equipment or operator error. The Owner reserves the right to repair any or all damages with other sources if the Contractor fails to do so within an expedient time to be determined by the Owner. The Contractor shall then be back-charged for all costs required to complete this work.

C. In the event that the Contractor causes building damage, the Contractor shall be responsible for immediate communication to (269) 659-1500.

D. The Owner has certain rules regarding his business/operation and the Contractor and his personnel shall abide by them. The Bidder shall contact the Owner’s Representative for specific information regarding the rules governing all operations of this project.

E. A no smoking policy is in effect at all times for all areas on school property.

F. The consumption of drugs or alcoholic beverages by the Contractor’s employees, or any subcontractor’s employees, shall be prohibited on the Owner’s property. The Contractor shall remove from the site, any employee or employee of a subcontractor, who is vulgar, offensive, or who is under the apparent influence of drugs of alcohol.

G. Firearms, knives, and any other weapons are not allowed on school property. This includes weapons stored in vehicles parked on Sturgis Public School property.

20. WORKMANSHIP/INSPECTION

A. All workmen shall be experienced in the particular work on which they are employed. All work shall be completed in a neat and professional manner. Non-compliance with the terms of this Specification and ensuring Contract can result in either the cancellation of the Contract, or the Owner authorizing the work to be completed by others at the Contractor’s expense. In the event of cancellation, the Owner shall not be obligated in any way to compensate the Contractor for any work undertaken in a defective manner.

21. ENVIRONMENTAL STATEMENT AND RESPONSIBILITY OF CONTRACTORS AND SUBCONTRACTORS

A. It shall be the responsibility of the Contractor to pay any and all costs incurred from the clean-up related to any environmental hazard created by means of release, spill, leak or any other means of contamination caused by accident or negligence.

B. It shall be the responsibility of the Contractor to dispose of any product(s) and/or material following EPA, DNR, and local applicable laws and regulations.

C. It shall be the responsibility of the Contractor, if required, to purchase the proper permits and notify the proper authorities prior to commencing said project or, should a “release” take place, to notify proper authorities of any such release.

D. It shall be the responsibility of the Contractor to maintain on site a blood borne pathogen plan and all necessary safety supplies associated with any spill or clean up that may occur.

E. The Contractor shall not use the Owner’s dumpsters for any materials of any kind.

F. Please be aware that Sturgis Public School buildings contain various types of asbestos containing material (ACBM). Each building has been previously inspected with locations of ACBM being identified within the Asbestos Management Plan book located in each building’s administration office. This binder will identify known locations of asbestos materials within that particular building.

Asbestos containing materials include, but are not limited to: floor tile, linoleum, plaster, pipe insulation, spray on material to walls and ceilings/support structures, wallboard, and gaskets. If any building materials that are known or suspected of containing asbestos are encountered, stop work in that area immediately. It is Sturgis Public Schools’ policy that no outside contractor may touch ACBM without explicit permission from Facilities Management. Owner’s representative will take samples and analyze and provide further instruction. Contractor is responsible for any fiber release that results in fiber concentration above the Permissible Exposure Limit (P.E.L.).

G. The Contractor shall submit verification and confirmation of the above.

22. LAWS, PERMITS, LICENSES, REGULATIONS, ETC.

A. The Contractor shall conform to all applicable Federal and State laws, Municipal ordinances, rules and regulations of all authorities having jurisdiction over the Work, including safety codes which may apply to:

1. performance of work.

2. protection of adjoining and adjacent property.

23. TRADE SUBCONTRACTS

A. The Bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this Contract must be acceptable to the Owner. The Owner reserves the right to reject any proposed Subcontractor if the Subcontractor fails to satisfy the Owner that the proposed Subcontractor is properly qualified to complete the work contemplated. On Company letterhead, the Bidder shall list and submit with his/her Proposal, all subcontractors to be used on this project.

24. CONTRACTOR’S RESPONSIBILITIES

A. The Contractor shall provide all items, articles, materials, operations and/or methods listed, required to be furnished or accomplished by reason of the plans or any other Contract Documents, including all labor, materials, equipment and incidentals required or necessary for their completion.

B. Should any error or inconsistency be found by the Contractor in the Plans or Specifications, the Contractor, before proceeding with the work, shall call the Owner’s attention to same for proper adjustment and in no case shall proceed with the work until so authorized.

C. It is understood and agreed by the Contractor, that the work herein described is intended to be complete in every detail. The Contractor shall be held to provide all labor and materials necessary for the entire completion of the work described in the Contract Documents and reasonably implied therefrom.

D. Should the Contract Documents vary as to quality or quantity of work specified and/or required, the better quality or greater quantity shall be provided unless instructions are otherwise given in writing by the Owner.

E. Neither the presence nor absence of the Owner’s representative, nor any inspection by the Owner of the work or operations of the Contractor, nor any failure by the Owner to detect, point out, or object to any defect in the work completed, or any such deviation from the specifications, shall relieve the Contractor, or reduce or in any way limit or divide, his responsibility, for the full performance of the work required of him under these Specifications.

These requirements bind the Contractor even without such inspection. No inspection or any act of omission of the Owner in connection with such inspection shall prejudice the Owner’s right to strict conformance, or under any circumstances be construed to excuse or mitigate any mistake or non-conformance by the Contractor.

F. All work must be performed within the codes, standards, and municipal ordinances of the community within which the property is located.

G. All work scheduling must be coordinated with the individual facility’s operational needs, in order to avoid disruption and/or unsafe conditions.

H. In the event that the Contractor causes building or property damage, the Contractor is responsible for immediate communication with Sturgis Public Schools, (269) 659-1500.

25. BID SUBMISSION INSTRUCTIONS

A. The bidder, by making his/her bid, represents that he/she has read and understood the contract and bid documents, and that his/her bid is made in accordance therewith.

B. Each bid shall be submitted on the bid proposal form furnished by the Owner with all blank spaces filled in. All blanks on the bid form shall be filled in by typewriter or manually in ink.

C. All alterations or erasures shall be initialed by the bid signer.

D. All quotations are to be stated in figures. Bids shall be signed by the bidder giving his/her full name, title and business address.

E. All requested alternates shall be bid. Any alternates must be submitted with technical literature and/or detailed product brochures for the Owner’s use to evaluate the product(s) offered. Bids submitted without this product information may be considered as non-responsive and may be rejected. If no change in the base bid is required, enter “No Change”. All unit prices shall be bid. These prices will include all applicable taxes, bonds, overhead, profit and other pertinent costs.

F. Each copy of the bid shall include the legal name of the bidder and shall be signed by the person or persons legally authorized to bind the bidder to a contract. If bids are submitted by an agent, provide satisfactory evidence of agency authority.

G. The bidder, by making his/her bid, represents that he/she has read and acknowledged that the project schedule is acceptable.

H. Bids must be received at the designated location prior to the time and date for receipt of bids indicated in the ADVERTISEMENT FOR REQUEST FOR BID, or any extension thereof made by addendum. Bids received after designated bid receipt deadlines will be returned unopened.

I. Oral, telephone, facsimile or telegraphic bids are invalid and will not receive consideration.

J. The bid proposal form will be considered a portion of the contract document.

NOTE: Noncompliance with any one of the foregoing may justify rejection of the bid.

26. WITHDRAWAL OR REVISION OF BID PROPOSALS

A. Any bid may be withdrawn prior to the scheduled time for opening of bid proposals. Written notices shall be received by Sturgis Public Schools, 107 W. West Street, Michigan, 49091.

B. A bid may not be modified, withdrawn or canceled by the bidder for forty-five (45) calendar days following the time and date designated for the opening of bids, and bidder so agrees in submitting their bid. If any Bidder is required to furnish additional information, or clarify his/her Bid, then all Bidders shall be required to hold firm their Bid prices, and time of acceptance shall be extended for the period necessary to furnish the necessary additional information or clarify the Bid.

C. Bids submitted early may be modified only by notice to the party receiving bids at the place, and prior to the time designated for opening of bids. Such notice shall be in writing over the signature of the bidder, or by telegram; if by telegram, written confirmation over the signature of bidder must have been mailed and postmarked on or before the date and time set for opening of bids. The revised bid shall be so worded as not to reveal the amount of the original bid.

27. ACCEPTANCE AND REJECTION OF BID PROPOSALS

A. Low bid price is not always the determining factor in the awarding of the bid. Other factors considered may include, but not be limited to, the following: completion time, quality, and past performance.

B. The contract shall be awarded in the form of a Purchase Order.

C. Bids not signed by individuals making them, must have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. Bids signed for a partnership must be signed by all the partners, or an attorney-in-fact. If signed by an attorney-in-fact, there must be attached to the bid a power of attorney authority to sign the Bid executed by the partners. Bids not signed will be dismissed.

D. Bids are considered irregular and may be rejected for any of the following reasons unless otherwise provided by law:

1. If bid proposal form furnished is not used or is altered.

2. If there are unauthorized additions, qualifications, conditions, or irregularities of any kind which may make the bid incomplete, indefinite, or ambiguous as to its meaning.

3. If bidder adds any provisions reserving right to accept or reject any awards of contract.

4. If unit or lump sum prices or alternates contained in the bid schedule are obviously unbalanced either in excess of, or below, reasonable costs analysis values.

5. If bidder fails to complete any portion of the Bid Proposal Form where information is requested such that the Bid Proposal Form cannot be properly evaluated.

6. If any pertinent instructions to bidders is not fully complied with.

E. The Owner shall have the right to waive any informality or irregularity in any bid received and to accept bids which, in his/her judgment, are in his/her own best interest.

F. The Owner shall have the right to accept alternates in any order or combination and to determine the low bidder on the basis of the sum of the base bid and the alternates accepted.

G. The Owner shall have the right to accept combination bids received from a bidder for more than one bid category.

28. AFFIRMATIVE ACTION

A. All bidders shall ensure that employees, Contractors and applicants for employment are not discriminated against because of their race, color, religion, sex, origin, age, marital status, sexual orientation, or disability, and in conformance with local, state, and federal regulations.

B. The Owner will ensure that in regard to any contract entered into pursuant to this bid package, minority and women-owned business enterprises will be afforded full opportunity to submit bids in response to the ADVERTISEMENT FOR REQUEST FOR BID and will not be discriminated against on the grounds of race, creed, color, sex, age, non-disqualifying handicap, religion, ancestry, marital status, national origin, place of birth or sexual preference.

C. The seller shall permit access to and may be required to provide certified copies of all of its records pertaining to employment and to its employment practices by the Owner for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of this contract, and on their request to provide evidence that it has or will comply therewith.

D. The failure of any Contractor or subcontractor to comply with the Equal Employment Practices provisions of this contract shall be deemed to be material breach of this contract. The Owner, on the basis of its own investigation shall only establish such failure upon a finding to that effect. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to the Contractor or subcontractor.

E. Upon a finding duly made that the Contractor or subcontractor has failed to comply with the Equal Employment Practices provisions of this contract, this contract may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Owner, and all monies due or to become due hereunder may be forwarded to and retained by the Owner.

F. Notwithstanding any other provision of this contract, the Owner shall have any and all other remedies at law or in equity for any breach hereof.

G. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

29. INDEMNIFY AND HOLD HARMLESS AGREEMENT

A. The successful Bidder shall be required to furnish the Owner a Hold-Harmless Agreement, whereby the Bidder shall be responsible for all damage to premises, building, and property due to neglect and/or damage to any materials, equipment, vehicles, or any items on the Owner’s property.

B. Damage due to Bidder’s negligence, improper procedures, or disregard of the Specifications, shall not relieve him of his responsibility under this condition.

C. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner against claims, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from or in connection with performance of the Work, provided that such claim, damage, loss or expense is to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity or contribution which would otherwise exist as to a party or person described.

D. Only to the extent prohibited by law, the obligations of the Contractor under this agreement shall not extend to the liability of the Owner, their agents or employees, arising out of their negligence.

30. TERMINATION OF CONTRACT TO PURCHASE

If at any time, in the opinion of the Owner,

1) Contractor fails to conform to the requirements of this contract; or

2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt;

3) any legal proceedings are commenced against Contractor which may interfere with the performance of the contract; or

4) Contractor has failed to supply an adequate working force, or material or proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in writing may be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Executive Supervisor, Facilities Management within the time specified the Owner in any such case shall have the right and power, at its option and without prejudice to any other right it may have, to terminate the contract. Any excess of the cost arising therefrom will be charged against the Contractor and his sureties, who will be liable thereof. In the event of such termination, all monies due the Contractor or retained under terms of the contract shall be forfeited to the Owner; but such forfeiture will not release the Contractor or his sureties from liability for failure to fulfill the contract.

31. POST-BID INFORMATION

A. After the bids are received, tabulated, and evaluated by the Owner, the Owner may establish a post-bid meeting if requested by Owner for the purpose of determining any contract overlaps or omissions, and shall provide the following information:

1. Designation of the work to be performed by the bidder with their own forces, and that to be contracted.

B. The bidder shall be required to submit information regarding the names and backgrounds of the Contractor’s employees and responsible company officials, if requested, and establish, to the satisfaction of the Owner, the reliability and responsibility of the persons or entities proposed to deliver the services described in the contract documents.

1. Prior to the award of the contract, the Owner will notify the bidder in writing if the Owner has reasonable objection to any such proposed person or entity.

2. The bidder shall submit any acceptable substitute person or entity with an adjustment in their bid price (if applicable) to cover the difference in cost occasioned by such substitution.

3. The Owner may, at its discretion, accept the adjusted bid price or they may disqualify the bidder.

C. Any bidder that has provided similar materials or services to the Owner at a price 5%, or more, different than the submitted bid proposal price shall be required to submit a written explanation of the variance(s), whether higher or lower, between the bid proposal price and the price previously billed. This applies to all materials or services billed in the 90 days prior to the bid opening date. The bidder shall adhere to any requests made by the Owner for written cost analysis. The Owner understands that a possible explanation may be that the previous price was the result of a contracted agreement in effect at the time, but the Owner may still require a written cost analysis. Any bidder that does not comply with this request maybe rejected.

32. BID SPECIFICATIONS

A. SCOPE OF WORK: The Scope of this request includes: See below.

Eastwood Elementary

· Installation of Epson BrightLink 1485fi 1080p 3LCD Interactive Laser Display (Model V11H919520) Quantity: 36

· 50’ of Plenum shielded Cat 6 cable from projector to HDBaseT control pad Quantity: 36

· Raceway from ceiling to top of HDBaseT control pad Quantity: 36

· Raceway from bottom of HDBaseT control pad to outlet height Quantity: 36

· 15’ HDMI Cable to connect desktop to HDBaseT control pad Quantity: 36

· 15’ USB A to USB B cable to connect desktop to HDBaseT control pad Quantity: 36

· ¾” Flexo F6 Woven Wrap (F6W) Wrappable Split Sleeving - Black to cover cables from desktop to bottom of raceway Quantity: 36

· Marsh Pro-Rite 1400 Porcelain-Steel Projection Whiteboard 5’H x 10’W with Satin Aluminum Trim, no tray, no map-rail (PR510-1400-6100PB), or equivalent Quantity: 2

· Relocation of current boards on projection wall (This includes whiteboard and tackboards) 34 rooms

· Removal and disposal of unneeded boards

· Patch and paint walls, as needed, after the boards are removed and before they are reinstalled in each room.

· Setup, calibration and testing of each unit after installation

Sturgis Middle School

· Installation of Epson BrightLink 1485fi 1080p 3LCD Interactive Laser Display (Model V11H919520) Quantity: 42

· 50’ of Plenum shielded Cat 6 cable from projector to HDBaseT control pad Quantity: 42

· Raceway from ceiling to top of HDBaseT control pad Quantity: 42

· Raceway from bottom of HDBaseT control pad to outlet height Quantity: 42

· 15’ HDMI Cable to connect desktop to HDBaseT control pad Quantity: 42

· 15’ USB A to USB B cable to connect desktop to HDBaseT control pad Quantity: 42

· ¾” Flexo F6 Woven Wrap (F6W) Wrappable Split Sleeving - Black to cover cables from desktop to bottom of raceway Quantity: 42

· Marsh Pro-Rite 1400 Porcelain-Steel Projection Whiteboard 5’H x 10’W with Satin Aluminum Trim, no tray, no map-rail (PR510-1400-6100PB), or equivalent Quantity: 1

· Marsh Pro-Rite 1400 Porcelain-Steel Projection Whiteboard 5’H x 8’W with Satin Aluminum Trim, no tray, no map-rail (PR508-1400-6100PB), or equivalent Quantity: 9

· Projector cage for gym projector Quantity: 1

· Removal and disposal of unneeded boards

· Patch and paint walls, as needed, after the boards are removed and before they are reinstalled in each room.

· Setup, calibration and testing of each unit after installation

· Patch and paint walls, as needed, after the boards are removed and before they are reinstalled in each room.

Sturgis High School

· Installation of Epson BrightLink 1485fi 1080p 3LCD Interactive Laser Display (Model V11H919520) Quantity: 48

· 50’ of Plenum shielded Cat 6 cable from projector to HDBaseT control pad Quantity: 48

· Raceway from ceiling to top of HDBaseT control pad Quantity: 48

· Raceway from bottom of HDBaseT control pad to outlet height Quantity: 48

· 15’ HDMI Cable to connect desktop to HDBaseT control pad Quantity: 48

· 15’ USB A to USB B cable to connect desktop to HDBaseT control pad Quantity: 48

· ¾” Flexo F6 Woven Wrap (F6W) Wrappable Split Sleeving - Black to cover cables from desktop to bottom of raceway Quantity: 48

· Marsh Pro-Rite 1400 Porcelain-Steel Projection Whiteboard 5’H x 10’W with Satin Aluminum Trim, no tray, no map-rail (PR510-1400-6100PB), or equivalent Quantity: 8

· Marsh Pro-Lite 1461 Porcelain Steel Whiteboard 5’H x 4’W with Aluminum Frame, Tray, & Map Rail (PR504-1461-6100), or equivalent Quantity: 38

· Projector cage for gym projector Quantity: 1

· Removal and disposal of unneeded boards

· Patch and paint walls, as needed, after the boards are removed and before they are reinstalled in each room.

· Setup, calibration and testing of each unit after installation

33. BID PROPOSAL FORM

PROPOSED START DATE_____________________________

PROPOSED COMPLETION DATE_______________________________

BID PROPOSAL ________________________________________

ALTERNATIVE BID PROPOSAL_____________________________________

Business Address:___________________________________________________________

Phone Number:_____________________________________________________________

Fax Number:_______________________________________________________________

Date:_____________________________________________________________________

ACCEPTANCE OR REJECTION

The Owner reserves the right to waive any irregularities or informalities in the bids, to reject any or all Bids, if deemed in the best interest to do so, and to accept the Bid considered most advantageous to the Owner.