Addendum #1 Issued 101719.pdf

ADDENDUM NO. 1

FOR

Conmpetive School Safety Grant Program for:

Fiscal Year 2019 Whiteford Agricultural School District

Shatter Resistant Glass & Exterior Doorways

JAMES S. JACOBS ARCHITECTS, PLLC

25 WASHINGTON STREET

MONROE, MICHIGAN 48161

DATE: October 17, 2019

PROJECT NO.: 201921

Phone 734-241-7933 Fax 734-241-1181 jimj@jsjacobsarch.com

THIS ADDENDUM IS ISSUED TO MODIFY, CLARIFY, AND ADD TO THE PREVIOUSLY

ISSUED CONTRACT DOCUMENTS.

PLEASE ATTACH THIS ADDENDUM THERETO AND INCLUDE COST CHANGES IN THE

FINAL BID. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE APPROPRIATE

SPACE ON THE PROPOSAL FORM.

DRAWINGS OR SKETCHES ISSUED:

None

SPECIFICATIONS ISSUED:

None

DRAWING CORRECTIONS, REVISIONS, MODIFICATIONS, OR CLARIFICATIONS:

None

SPECIFICATION CORRECTIONS, REVISIONS, MODIFICATIONS, OR CLARIFICATIONS:

NOTE: Documents Revised to Reflect Correction for Date the Bids are Due

Documents state Bids are Due Wednesday, October 28, 2019.

The correct date is Monday, October 28, 2019

Re-Issued Addendum #1 Advertisement for Bids Safety Grant Bid Package & Proposal Bid Proposal

ADVERTISEMENT FOR BIDS

Invitation to Bid Whiteford Agricultural Schools High School General Construction for Removal and Replacement of Glass in Doorways. Demolition/Removal of Doors and Installation of New Doors and Hardware. Repair of Door Hardware, Weather Seals and Trim as Detailed on the Drawings. Provide and Install New Shatter Resistant SG4 Safety Glass in New and Existing Exterior Doorways. Installation must be in such a manner as to resist separation from the door or frame. Replacement windows must be shatter-resistant material. Interested parties must attend a Pre-Bid Conference on Wednesday, October 9, 2019 at 10:00 AM. in the Middle School/ High School Library at 6655 Consear Road, Ottawa Lake, MI 49267 or provide a written explanation, to be provided with its proposal, explaining why it has similar knowledge of the project and facilities as if it would have attended the Pre-Bid meeting.

Bid Package is available on the Whiteford Schools Website, Friday, October 4, 2019 at www.whiteford.k12.mi.us, at the office of the Architect 25 Washington Street, Monroe, Michigan 48161and at the Pre-Bid Conference and Site Walk-Through.

Bids are due at the Office of the Superintendent, Monday, October 28, 2019 prior to 2:00 PM and will be Publically Opened.

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

Invitation to Bid & Request for Proposal Competitive School Safety Grant Program for:

Fiscal Year 2019 Whiteford Agricultural School District

Project Description:

General Construction for Removal and Replacement of Glass in Doorways. Demolition/Removal of Doors and Installation of New Doors and Hardware. Repair of Door Hardware, Weather Seals and Trim as Detailed on the Drawings. Provide and Install New Shatter Resistant SG4 Safety Glass in New and Existing Exterior Doorways. Installation must be in such a manner as to resist separation from the door or frame. Replacement windows must be shatter-resistant material.

Sealed Bids will be accepted until Monday, October 28, 2019 prior to 2:00 p.m. EST at which time they will be publicly opened and read aloud at the address below.

Office of the Superintendent Whiteford Agricultural School District 6655 Consear Road Ottawa Lake, MI 49267 Attn. Valerie Orr, Superintendent

Envelopes containing Bids shall be sealed and clearly marked “Competitive School Safety Grant Program Bid” and “DO NOT OPEN” with the name and return address of the Bidder on the envelope.

Two copies of signed Bid Proposals and Attachments shall be submitted using the forms provided by the Architect. Owner reserves the right to reject any, part of any or all bids and to waive any irregularities in bidding. Bid proposals shall not be withdrawn for a period of 90 days subsequent to opening of bid. Emailed or Faxed Proposals will not be accepted.

The Bid Package is available on the Whiteford Agricultural School District’s Website, Friday, October 4, 2019 at www.whiteford.k12.mi.us and at the Pre-Bid Conference and Site Walk-Through scheduled for 10:00 AM Wednesday, October 9, 2019 in the Whiteford Middle School/High School Library.

Documents will be available for review at the office of the Architect; James S. Jacobs Architects, PLLC, 25 Washington Street, Monroe, Michigan 48161, (734) 241-7933

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

Email: Kris Benson, Project Manager krisb@jsjacobsarch.com Cc: jimj@jsjacobsarch.com and valj@jsjacobsarch.com

A Pre-Bid Conference Meeting will occur on Wednesday, October 9, 2019 at 10:00 AM EST at the:

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

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

BID BOND – Each proposal submitted must be accompanied by a bond from an approved surety company, in an amount not less than five (5%) percent of proposal amount. No other bid security will be accepted.

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

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

LIQUIDATED DAMAGES:

(Reference AIA A201-2017 General Conditions of the Contract for Construction) § 8.4.2 Liquidated Damages and Grant-Related Damages:

8.4.2.1 The Owner and Contractor recognize that time is of the essence of the Contract and that the Owner will suffer financial loss if the Work is not Substantially Complete, Finally Complete, and/or approved for occupancy within required time limits. The Owner and Contractor recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed and occupied on time due to several factors, including the unique position of the Owner as a public school. Accordingly, instead of requiring any such proof, the Owner and Contractor agree that as liquidated damages for delay (but not as penalty) caused by the Contractor, the Contractor shall pay the Owner: (i) Five Hundred Dollars ($500) for each day that expires after the specified date of Substantial Completion for the Project until the Work is Substantially Complete, and also (ii) Five Hundred Dollars ($500) for each day that expires after the specified date of Final Completion for the Project until the Work is Finally Complete. Any or all of such liquidated damages may be deducted from the payments owed to the Contractor. The Owner reserves the right to demand legal proceedings should the actual loss be reasonably known to exceed the damages provided herein. Any allegation of damages for delay asserted by the Contractor against the Owner shall be governed by Section 8.3.3, Section 8.4.3, and Section 8.4.4 contained herein.

8.4.2.2 The Owner and Contractor acknowledge that the Project is funded in whole or in part by funds received from the Michigan State Police Competitive School Safety Grant Program and that such funding may be forfeited in its entirety if the Project is not finally completed by the deadline identified in the grant. The Contractor agrees that its failure to timely complete improvements by the grant deadline shall cause direct, recoverable damages to the Owner in the amount of any and all forfeited funds. Any or all of such grant-related damages may be deducted from payments owed to the Contractor.

8.4.2.3 Nothing herein shall be deemed to eliminate or reduce the Owner’s ability to recover damages otherwise recoverable under law.

§ 8.4.3 In the event the Contractor is hindered in the commencement or progress of the Work by someone other than the Owner, and in the event the Contractor claims damages as a direct and proximate consequence thereof (including, but not limited to, extended general conditions, overhead, profit, overtime, interest, supervision or other costs or profits whatsoever), then the Contractor shall not assert such claims against the Owner, and as to the Owner, the Contractor’s claims of delay damages are hereby waived. The Contractor’s sole and exclusive remedy regarding such claims for such delay damages shall be to pursue such claims directly against the individual or entity which caused the delay.

For any delay claims raised against the Owner, the Contractor’s sole and exclusive remedy is an extension of time to perform the Work not to exceed the time frame of any proven delay. Under no circumstances is the Contractor entitled to monetary delay damages from the Owner.

§ 8.4.4 In the event of any delay in the completion of the Contractor’s Work or scheduling of the Contractor’s Work, including the sequence of that Work which is attributable to the Owner, and if it is determined by a court of competent jurisdiction that the Owner is liable for such delay despite the other terms of this Contract barring any Owner liability for damages for delay, then the Owner shall be liable to the Contractor for liquidated damages in the amount of not to exceed One Hundred Dollars ($100) per day, maximum, which shall include all of the Contractor’s claims, including by way of example, delays, compressions of schedule, lost productivity, lost profits, lost opportunities, out of sequence work, overhead, crowding, tools, equipment, rentals, etc.

NOTE: In order for the Whiteford Agricultural Schools District to comply with the Grant Performance Certification Date of Work being completed and their subsequent documents turned in by the June 30, 2020 deadline, the date for the required Substantial Completion for this Project is Friday, May 15, 2020. A Punch List Walk-Through shall be conducted by the Architect prior to that date with the issuance of the Certificate noting only minor Punch List items, if any, to be completed by May 30, 2020.

ALL PARTIES WISHING TO RESPOND TO THIS REQUEST FOR PROPOSAL SHALL TAKE

NOTICE OF SUPPLEMENTARY INSTRUCTIONS TO BIDDERS IN ATTACHMENT “A”

Attachment “A”

Supplementary Instructions to Bidders

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

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

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

4. No Bid may be withdrawn, changed or modified in any way for a period of ninety (90) calendar days from date of Bid opening.

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

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

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

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

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

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

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

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

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

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

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

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

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

Attachment “B” Insurance Requirements

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

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

b. The Bidder shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Workers’ Compensation Insurance, Professional Liability, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following:

“Sixty (60) days Advance Written Notice of Cancellation or Non-Renewal shall be sent to Whiteford Agricultural School District.

c. The insurance required shall be written for the greater of limits not less than the limits of liability specified or required by the law. Except professional liability insurance, all insurance shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of operations under the Agreement until the date the M&V services are completed. Professional liability insurance shall be written on a claims-made basis and shall be maintained from the date of the contract until seven (7) years after completion of the Project.

d. All certificates of insurance must be forwarded to the Owner prior to commencement of any work.

Required insurance policies shall not be changed or canceled without ninety (90) days prior written notice to the Owner.

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

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

A. The quality of the item(s) to be supplied B. Its conformity with specifications C. Suitability to the requirements of the school D. Delivery terms E. Past performance of Bidder

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

A. Which use a Michigan-based business as the primary Contractor B. Which use one (1) or more Michigan-based business as Sub-Contractors.

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

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

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

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

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

v. Bidder shall provide Whiteford Agricultural School District with a two (2) year warranty.

Attachment “C”

TERMS OF PERFORMANCE

The scope of the Whiteford Agricultural School District’s Competitive School Safety Grant Program will include the General Construction for Removal and Replacement of Glass in Doorways.

Demolition/Removal of Doors and Installation of New Doors and Hardware. Repair of Door Hardware, Weather Seals and Trim as Detailed on the Drawings. Provide and Install New Shatter Resistant SG4 Safety Glass in New and Existing Exterior Doorways. Installation must be in such a manner as to resist separation from the door or frame. Replacement windows must be shatter-resistant material as more particularly described in the RFP and Attachments.

A. If a Bidder has any questions or concerns regarding the scope of the work, it shall submit a request for clarification to the office of the Architect at least two (2) days prior to the deadline for Bid submission. No objection to the scope of work will be considered following the above-referenced time frame and each Bidder will be deemed to have Bid on the full scope of services required.

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

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

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

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

2. In the execution of the Contract, it may be necessary for the Contractor to sublet part of the Work to others. The Contractor shall inform the Owner & Architect as to which Sub-Contractors will be used. Sub-Contractors used shall be Subject to the approval of the Owner. The Contractor shall be fully responsible to the Owner for the acts and omissions of Sub-Contractors and of persons directly or indirectly employed by the Contractor. Nothing in this RFP or the resulting agreement shall create any contractual relationship between any Sub-Contractor and the Owner.

The Contractor shall not assign, transfer, convey, or otherwise dispose of the agreement between Contractor and Owner, or any part thereof, or the firm’s right title, or interest in the same, or any part thereof, without the previous written consent of the Owner. The Contractor shall not assign any power of attorney, or otherwise any monies due or to become due and payable under the agreement between Contractor and the Owner, without previous written consent of the Owner.

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

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

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

6. The Contractor shall furnish performance bonds and payment bonds as may be required by MCL

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

7. The Owner will continue to occupy the buildings and site during the normal school year. Any installation work not completed during the summer recess shall be performed around instructional periods including after regular school hours, on weekends, on scheduled holidays, or as arranged and approved by the Owner during regular school hours.

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

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

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

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

12. If the Contractor shall neglect to execute the work properly, or should refuse to remedy any defects in the work due to inferior quality of workmanship or material, or should in any manner fail to perform any provision of this contract, the Owner, after seventy-two (72) hours written notice to the Contractor, may correct such deficiencies and may deduct the cost thereof from payment due the Contractor.

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

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

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

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

Attachment “D”

RFP # 201921 Competitive School Safety Grant Program

Sealed Bids will be accepted until Monday, October 28, 2019 prior to 2:00 p.m. EST at which time they will be publicly opened and read aloud at the address below.

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

Envelopes containing Bids shall be sealed and clearly marked “Competitive School Safety Grant Program Bid” and “DO NOT OPEN” with the name and return address of the Bidder on the envelope.

Having read the Specifications and examined the Documents entitled:

Project 201921

Competitive School Safety Grant Program for Whiteford Agricultural School District:

And Addenda Numbers

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

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

Bidder:

Address: Phone Number:

Fax Number:

Bidder Web Site: Email:

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

Bidders shall fill in all blanks hereinafter applicable to contract for which bid is being submitted. Write in the sum and figures. In the event of discrepancy, written words shall prevail.

PROPOSAL:

OVERALL SUM OF THE WORK includes Work in both the HS/MS & Elementary School

GENERAL CONSTRUCTION FOR WHITEFORD AGRICULTURAL SCHOOL

DISTRICT’S COMPETITIVE SCHOOL SAFETY GRANT PROGRAM for General Construction for Removal and Replacement of Glass in Doorways. Demolition/Removal of Doors and Installation of New Doors and Hardware. Repair of Door Hardware, Weather Seals and Trim as Detailed on the Drawings. Provide and Install New Shatter Resistant SG4 Safety Glass in New and Existing Exterior Doorways. Installation must be in such a manner as to resist separation from the door or frame. Replacement windows must be shatter-resistant material as described in the Invitation to Bid & Request for Proposal and the Contract Documents.

Include Cost of the Performance and Payment Bond in this Sum.

For the OVERALL SUM OF THE WORK FOR BOTH MS/HS & ELEMENTARY

SCHOOL -

Dollars. $

ALLOWANCES

ALLOWANCE #1: Bidder to include cost for Door Hardware Repairs and or Replacements as shown on Drawings: A Lump-Sum of eight thousand ($8,000.00) dollars shall be included in the bid to Repair and or Replace the Door Hardware as shown on the Drawings. Cost is to be included in the Proposal Sum Cost Above.

We have included the above noted allowance within the above OVERALL SUM OF THE WORK. Bidder to initial as acknowledgement. Initial.

The Cost of the Performance and Payment Bond included in the sum above is

Dollars. $

Of the OVERALL SUM OF THE WORK ABOVE - Provide the sum for Work related to the Middle School/High School Building.

For The Sum Of

Dollars. $

Of the OVERALL SUM OF THE WORK ABOVE - Provide the sum for Work related to the Elementary School Building (not including Alternate #1).

For The Sum Of Dollars. $

ALTERNATES

ALTERNATE #1: Provide costs for Elementary Entry Door Window and Glazing Replacement;

Door no.’s 103A including side-lite(s), 104A, 105A, 16C, and Lower Library Window and Glazing Replacement as shown on Drawings.

Add to/(Deduct) from the Proposal the Sum of:

Dollars. $

UNIT PRICES:

UNIT PRICE #1 – Provide and Install 1” SG4 IGU in existing MS/HS Classroom Door Lite openings: Dollars $ Per Door

UNIT PRICE #2 – Provide and Install 1” SG4 IGU in existing MS/HS Bobcat Den Door Lite openings: Dollars $ Per Door

UNIT PRICE #3 – Provide and Install 1” SG4 IGU in existing MS/HS Classroom Door Lite openings: Dollars $ Per Door

UNIT PRICE #4 – Provide and Install 1” SG4 IGU in existing Elementary Classroom Door Lite openings: Dollars $ Per Door

UNIT PRICE #5 – Provide and Install 1” SG4 IGU in existing Elementary Classroom Window Sash openings: Dollars $ Per Door

UNIT PRICE #6 – Provide and Install 1” SG4 IGU in existing Elementary North Art Classroom and South Hall Window Sash openings: Dollars $ Per Door

UNIT PRICE #7 – Provide and Install 1” SG4 IGU in existing Elementary East Lunchroom Window Sash openings: Dollars $ Per Door

UNIT PRICE #8 – Provide and Install 1” SG4 IGU in existing Elementary Art Classroom and Lunchroom Door Lite and Side Lite openings: Dollars $ Per Door

UNIT PRICE #9 – Provide and Install ¼” SG4 Laminated Glass in existing opening:

Dollars $ Per Door

UNIT PRICE #10 – Provide and Install 1” SG4 IGU in existing opening:

Dollars $ Per Door

UNIT PRICE #11 – Door 105B; Provide and Install 30 x 70 Door, Frame, and Hardware in masonry opening: Dollars $ Per Door

UNIT PRICE #12 – Door 302B; Provide and Install 34 x 70 Door, Frame, and Hardware in masonry opening: Dollars $ Per Door

SUBSTITUTIONS:

Bidder is to bid on the "standards" specified, and to enter on the following, all material which the bidder wishes to have considered for possible substitution.

The following substitutions from the "standards" specified are listed herein for consideration, and if accepted, the contract sum may be adjusted in accordance with the following:

Item Add Deduct No Change

A.

B.

CONTRACT:

The undersigned agrees that above prices shall hold for 90 days after receipt of proposals, to accept provisions of the “Supplementary Instructions to Bidders” and to comply with all requirements of the Contract Documents.

TIME OF STARTING WORK:

The Contractor shall commence work as directed by the Whiteford Agricultural School District’s Board of Directors and Staff following Board of Directors’ Monday, November 11th 2019 Board of Director’s Meeting and the Award with fully executed Contract with General Contractor for award of contract. Contractor shall also carry on his operations in such a manner as to cause the least delay in the execution of the work.

Substantial Completion of the Work MUST BE COMPLETED prior to Friday, May 15, 2020. (Start of Liquidated Damages #1) and be fully completed by May 30, 2020. (Start of Liquidated Damages #2)

LIQUIDATED DAMAGES:

(Reference AIA A201-2017 General Conditions of the Contract for Construction) § 8.4.2 Liquidated Damages and Grant-Related Damages:

8.4.2.1 The Owner and Contractor recognize that time is of the essence of the Contract and that the Owner will suffer financial loss if the Work is not Substantially Complete, Finally Complete, and/or approved for occupancy within required time limits. The Owner and Contractor recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed and occupied on time due to several factors, including the unique position of the Owner as a public school. Accordingly, instead of requiring any such proof, the Owner and Contractor agree that as liquidated damages for delay (but not as penalty) caused by the Contractor, the Contractor shall pay the Owner: (i) Five Hundred Dollars ($500) for each day that expires after the specified date of Substantial Completion for the Project until the Work is Substantially Complete, and also (ii) Five Hundred Dollars ($500) for each day that expires after the specified date of Final Completion for the Project until the Work is Finally Complete. Any or all of such liquidated damages may be deducted from the payments owed to the Contractor. The Owner reserves the right to demand legal proceedings should the actual loss be reasonably known to exceed the damages provided herein.

Any allegation of damages for delay asserted by the Contractor against the Owner shall be governed by Section 8.3.3, Section 8.4.3, and Section 8.4.4 contained herein.

8.4.2.2 The Owner and Contractor acknowledge that the Project is funded in whole or in part by funds received from the Michigan State Police Competitive School Safety Grant Program and that such funding may be forfeited in its entirety if the Project is not finally completed by the deadline identified in the grant. The Contractor agrees that its failure to timely complete improvements by the grant deadline shall cause direct, recoverable damages to the Owner in the amount of any and all forfeited funds. Any or all of such grant-related damages may be deducted from payments owed to the Contractor.

8.4.2.3 Nothing herein shall be deemed to eliminate or reduce the Owner’s ability to recover damages otherwise recoverable under law.

§ 8.4.3 In the event the Contractor is hindered in the commencement or progress of the Work by someone other than the Owner, and in the event the Contractor claims damages as a direct and proximate consequence thereof (including, but not limited to, extended general conditions, overhead, profit, overtime, interest, supervision or other costs or profits whatsoever), then the Contractor shall not assert such claims against the Owner, and as to the Owner, the Contractor’s claims of delay damages are hereby waived. The Contractor’s sole and exclusive remedy regarding such claims for such delay damages shall be to pursue such claims directly against the individual or entity which caused the delay.

For any delay claims raised against the Owner, the Contractor’s sole and exclusive remedy is an extension of time to perform the Work not to exceed the time frame of any proven delay. Under no circumstances is the Contractor entitled to monetary delay damages from the Owner.

§ 8.4.4 In the event of any delay in the completion of the Contractor’s Work or scheduling of the Contractor’s Work, including the sequence of that Work which is attributable to the Owner, and if it is determined by a court of competent jurisdiction that the Owner is liable for such delay despite the other terms of this Contract barring any Owner liability for damages for delay, then the Owner shall be liable to the Contractor for liquidated damages in the amount of not to exceed One Hundred Dollars ($100) per day, maximum, which shall include all of the Contractor’s claims, including by way of example, delays, compressions of schedule, lost productivity, lost profits, lost opportunities, out of sequence work, overhead, crowding, tools, equipment, rentals, etc.

NOTE: In order for the Whiteford Agricultural Schools District to comply with the Grant Performance Certification Date of Work being completed and their subsequent documents turned in by the June 30, 2020 deadline, the date for the required Substantial Completion for this Project is Friday, May 15, 2020. A Punch List Walk-Through shall be conducted by the Architect prior to that date with the issuance of the Certificate noting only minor Punch List items, if any, to be completed by May 30, 2020.

BID BOND:

The undersigned hereby confirms that a 5% Bid Bond is enclosed.

SUBMITTAL:

Two (2) Copies of the Following are to be Submitted as the Bid Package

Attachment “D” Bidder Bid Proposal Attachment “E” Bidder Statement of Qualification Attachment “F” Assurances and Certifications Attachment “G” Iran Economic Sanctions Act Certification Attachment “H” Familial Relationship Disclosure Statement

REJECTION OR WITHDRAWAL:

Owner reserves the right to reject any, part of any or all bids and to waive any informality or irregularity in any bid. This request for bids implies no obligation on the part of Whiteford Agricultural School District. The Owner reserves the right to reject any or all bids, and to make selections, which are in the best interest of Whiteford Agricultural School District. Proposals may not be withdrawn for ninety (90) days subsequent to opening of the bid.

SUBMITTED BY:

Company Name:

Address:

Signed:

Typed Signature Title Proposal Form shall be filled out in true duplicate. If bidder is Corporation, indicate State of Incorporation, if Partnership, give full names of partners.

Attachment “E”

BIDDER STATEMENT OF QUALIFICATIONS

Company Name:

Company Address:

Telephone Number:

Fax Number:

Contact Name:

Contact Title:

Number of Years in business:

Contact Email:

Company’s financial rating:

Duns or Bank reference:

Client Data (Reference #1) Description of Service

Client Data#1:

Address:

Contact Name:

Contact Phone:

Contact Email:

Client Data (Reference #2) Description of Service

Client Data#1:

Address:

Contact Name:

Contact Phone:

Contact Email:

Attachment “F” ASSURANCES and CERTIFICATIONS

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

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

Certification Regarding Nondiscrimination Under Federally and State Assisted Programs

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

Department of Education or the MDE.

Iran Economic Sanctions Act

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

Date Signature

Attachment “G” Iran Economic Sanctions Act Certification

I am the (title)_ of (Bidder) , or I am bidding in my individual capacity ("Bidder"), with authority to submit a binding Bid for the provision of the Competitive School Safety Grant Program for Whiteford Agricultural School District. I have personal knowledge of the matters described in this Certification, and I am familiar with the Iran Economic Sanctions Act, MCL 129.311, et seq. ("Act"). I am fully aware that the school district will rely on my representations in evaluating Bids.

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

(signature)

(printed)

(date)

Attachment “H”

FAMILIAL RELATIONSHIP DISCLOSURE STATEMENT

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

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

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

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

Date:

Subscribed and Sworn to Before Me:

This day of , 2019 A.D., in and for the County of

, State of . My commission expires: .

Signature of Notary

Attachment “D”

RFP # 201921 Competitive School Safety Grant Program

Sealed Bids will be accepted until Monday, October 28, 2019 prior to 2:00 p.m. EST at which time they will be publicly opened and read aloud at the address below.

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

Envelopes containing Bids shall be sealed and clearly marked “Competitive School Safety Grant Program Bid” and “DO NOT OPEN” with the name and return address of the Bidder on the envelope.

Having read the Specifications and examined the Documents entitled:

Project 201921

Competitive School Safety Grant Program for Whiteford Agricultural School District:

And Addenda Numbers

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

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

Bidder:

Address: Phone Number:

Fax Number:

Bidder Web Site: Email:

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

Bidders shall fill in all blanks hereinafter applicable to contract for which bid is being submitted. Write in the sum and figures. In the event of discrepancy, written words shall prevail.

PROPOSAL:

OVERALL SUM OF THE WORK includes Work in both the HS/MS & Elementary School

GENERAL CONSTRUCTION FOR WHITEFORD AGRICULTURAL SCHOOL

DISTRICT’S COMPETITIVE SCHOOL SAFETY GRANT PROGRAM for General Construction for Removal and Replacement of Glass in Doorways. Demolition/Removal of Doors and Installation of New Doors and Hardware. Repair of Door Hardware, Weather Seals and Trim as Detailed on the Drawings. Provide and Install New Shatter Resistant SG4 Safety Glass in New and Existing Exterior Doorways. Installation must be in such a manner as to resist separation from the door or frame. Replacement windows must be shatter-resistant material as described in the Invitation to Bid & Request for Proposal and the Contract Documents.

Include Cost of the Performance and Payment Bond in this Sum.

For the OVERALL SUM OF THE WORK FOR BOTH MS/HS & ELEMENTARY

SCHOOL -

Dollars. $

ALLOWANCES

ALLOWANCE #1: Bidder to include cost for Door Hardware Repairs and or Replacements as shown on Drawings: A Lump-Sum of eight thousand ($8,000.00) dollars shall be included in the bid to Repair and or Replace the Door Hardware as shown on the Drawings. Cost is to be included in the Proposal Sum Cost Above.

We have included the above noted allowance within the above OVERALL SUM OF THE WORK. Bidder to initial as acknowledgement. Initial.

The Cost of the Performance and Payment Bond included in the sum above is

Dollars. $

Of the OVERALL SUM OF THE WORK ABOVE - Provide the sum for Work related to the Middle School/High School Building.

For The Sum Of

Dollars. $

Of the OVERALL SUM OF THE WORK ABOVE - Provide the sum for Work related to the Elementary School Building (not including Alternate #1).

For The Sum Of Dollars. $

ALTERNATES

ALTERNATE #1: Provide costs for Elementary Entry Door Window and Glazing Replacement;

Door no.’s 103A including side-lite(s), 104A, 105A, 16C, and Lower Library Window and Glazing Replacement as shown on Drawings.

Add to/(Deduct) from the Proposal the Sum of:

Dollars. $

UNIT PRICES:

UNIT PRICE #1 – Provide and Install 1” SG4 IGU in existing MS/HS Classroom Door Lite openings: Dollars $ Per Door

UNIT PRICE #2 – Provide and Install 1” SG4 IGU in existing MS/HS Bobcat Den Door Lite openings: Dollars $ Per Door

UNIT PRICE #3 – Provide and Install 1” SG4 IGU in existing MS/HS Classroom Door Lite openings: Dollars $ Per Door

UNIT PRICE #4 – Provide and Install 1” SG4 IGU in existing Elementary Classroom Door Lite openings: Dollars $ Per Door

UNIT PRICE #5 – Provide and Install 1” SG4 IGU in existing Elementary Classroom Window Sash openings: Dollars $ Per Door

UNIT PRICE #6 – Provide and Install 1” SG4 IGU in existing Elementary North Art Classroom and South Hall Window Sash openings: Dollars $ Per Door

UNIT PRICE #7 – Provide and Install 1” SG4 IGU in existing Elementary East Lunchroom Window Sash openings: Dollars $ Per Door

UNIT PRICE #8 – Provide and Install 1” SG4 IGU in existing Elementary Art Classroom and Lunchroom Door Lite and Side Lite openings: Dollars $ Per Door

UNIT PRICE #9 – Provide and Install ¼” SG4 Laminated Glass in existing opening:

Dollars $ Per Door

UNIT PRICE #10 – Provide and Install 1” SG4 IGU in existing opening:

Dollars $ Per Door

UNIT PRICE #11 – Door 105B; Provide and Install 30 x 70 Door, Frame, and Hardware in masonry opening: Dollars $ Per Door

UNIT PRICE #12 – Door 302B; Provide and Install 34 x 70 Door, Frame, and Hardware in masonry opening: Dollars $ Per Door

SUBSTITUTIONS:

Bidder is to bid on the "standards" specified, and to enter on the following, all material which the bidder wishes to have considered for possible substitution.

The following substitutions from the "standards" specified are listed herein for consideration, and if accepted, the contract sum may be adjusted in accordance with the following:

Item Add Deduct No Change

A.

B.

CONTRACT:

The undersigned agrees that above prices shall hold for 90 days after receipt of proposals, to accept provisions of the “Supplementary Instructions to Bidders” and to comply with all requirements of the Contract Documents.

TIME OF STARTING WORK:

The Contractor shall commence work as directed by the Whiteford Agricultural School District’s Board of Directors and Staff following Board of Directors’ Monday, November 11th 2019 Board of Director’s Meeting and the Award with fully executed Contract with General Contractor for award of contract. Contractor shall also carry on his operations in such a manner as to cause the least delay in the execution of the work.

Substantial Completion of the Work MUST BE COMPLETED prior to Friday, May 15, 2020. (Start of Liquidated Damages #1) and be fully completed by May 30, 2020. (Start of Liquidated Damages #2)

LIQUIDATED DAMAGES:

(Reference AIA A201-2017 General Conditions of the Contract for Construction) § 8.4.2 Liquidated Damages and Grant-Related Damages:

8.4.2.1 The Owner and Contractor recognize that time is of the essence of the Contract and that the Owner will suffer financial loss if the Work is not Substantially Complete, Finally Complete, and/or approved for occupancy within required time limits. The Owner and Contractor recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed and occupied on time due to several factors, including the unique position of the Owner as a public school. Accordingly, instead of requiring any such proof, the Owner and Contractor agree that as liquidated damages for delay (but not as penalty) caused by the Contractor, the Contractor shall pay the Owner: (i) Five Hundred Dollars ($500) for each day that expires after the specified date of Substantial Completion for the Project until the Work is Substantially Complete, and also (ii) Five Hundred Dollars ($500) for each day that expires after the specified date of Final Completion for the Project until the Work is Finally Complete. Any or all of such liquidated damages may be deducted from the payments owed to the Contractor. The Owner reserves the right to demand legal proceedings should the actual loss be reasonably known to exceed the damages provided herein.

Any allegation of damages for delay asserted by the Contractor against the Owner shall be governed by Section 8.3.3, Section 8.4.3, and Section 8.4.4 contained herein.

8.4.2.2 The Owner and Contractor acknowledge that the Project is funded in whole or in part by funds received from the Michigan State Police Competitive School Safety Grant Program and that such funding may be forfeited in its entirety if the Project is not finally completed by the deadline identified in the grant. The Contractor agrees that its failure to timely complete improvements by the grant deadline shall cause direct, recoverable damages to the Owner in the amount of any and all forfeited funds. Any or all of such grant-related damages may be deducted from payments owed to the Contractor.

8.4.2.3 Nothing herein shall be deemed to eliminate or reduce the Owner’s ability to recover damages otherwise recoverable under law.

§ 8.4.3 In the event the Contractor is hindered in the commencement or progress of the Work by someone other than the Owner, and in the event the…