Bid 19-8 Design Build Medium Presure UV System at ROMS Pool.pdf

Royal Oak Schools

Request for Proposal April 12, 2019

The Royal Oak School District (also referred to the District or ROS in these documents) will accept sealed bids for:

Design/Build Medium Pressure UV System at Royal Oak Middle School Pool as described in the attached specifications. Sealed bids are due no later than 11:00 AM local time Monday, April 29, 2019. A pre-bid meeting will be held at 10:00 AM Local Time Thursday April 18, 2019 at Royal Oak Middle School at 709 North Washington Ave.; Royal Oak, MI 48067. Bid documents are available online by going to the District’s web site, www.royaloakschools.org and clicking on District/Departments/Finance and Current Bids. Bidders are encouraged to visit the site.

Sealed bids should be submitted to Ms. Kathy Abela, Royal Oak Schools, 800 Devillen, Royal Oak, MI 48073. Bids are to be submitted no later than 11:00 AM Monday April 29, 2019. The District will not consider or accept a bid received after the date and time specified for bid submission. Bids will be publicly opened immediately following the close of receiving bids. No oral, email, telephonic or telegraphic proposals shall be considered.

The Board of Education reserves the right to accept or reject any or all bids in whole or in part; or, for reasons of establishing uniformity, delivery time or preference, to award the contract to other than the low bidder.

The contents of RFP and Bidder’s (also referred to as Contractor in these documents) Proposal will become contractual obligations, if a contract ensues. Failure of the Bidder to accept these obligations will result in cancellation of the award. Award of a contract by the District is subject to the Contractor executing a Contract, which shall incorporate the contents of this RFP and the Contractor’s Proposal and final approval if the same by the District’s legal counsel.

In compliance with MCL 380.1267, the bid 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, or the superintendent of the school district. The bid shall also be accompanied by a sworn and notarized statement disclosing whether the bidder is an Iran Linked Business in compliance with PA 517 of 2012. The Board shall not accept a bid that does not include these sworn and notarized disclosure statements.

Certified check, money order or Bid Bond must accompany each proposal by an approved surety company in an amount not less than 5% of the proposal amount. All bids shall be firm for at least sixty

(60) days from the date of opening of bids. Length of time required for completion shall be specified in the bid. All bids submitted must meet or exceed all specifications herein.

Bids are to be submitted on our Bid Proposal Form, signed by the bidder, in a sealed envelope clearly marked. Two (2) copies of the Bid Proposal Form should be addressed to the attention of:

Ms. Kathy Abela Royal Oak Schools 800 Devillen Royal Oak, MI 48073

“Design/Build Medium Pressure UV System at Royal Oak Middle School Pool - BID”

One (1) copy of the bid form should be retained for your files. Any questions should be referred to Mark Paulus, Owner’s Representative, 248-880-6791.

ROYAL OAK SCHOOL DISTRICT Business Office Page 2 Design/Build Medium Pressure UV System at Royal Oak School Pool – Bid

INSTRUCTIONS TO BIDDERS

GENERAL CONDITIONS:

1. Proposal/Intent

Furnish materials and labor to provide all materials and installation associated with the attached drawings and specifications.

Manufacturers’ numbers are shown for convenience in identifying items.

Manufacturers’ description constitutes requirements for each such item or component.

Use of Manufacturers’ numbers and other requirements set forth in Specifications are not intended to preclude use of any other approved manufacturer’s products or procedures which may be equivalent, solely as determined by the Owner, but are given for the purpose of establishing standards for design, function and quality of materials, construction and workmanship.

2. Types of Proposals

See bid proposal form.

3. Receipt of Bids

Bids will be received at Royal Oak Schools Administration Building located at 800 Devillen, Royal Oak MI at 11:00 AM Local Time Monday April 29, 2019. Bids will be publicly opened at this time. The District will not consider or accept a bid received after the date and time specified for bid submission. No oral, telephonic or telegraphic proposals shall be considered.

4. Bidders’ Qualifications

Bidders shall be able to demonstrate the following:

Shall be reputable, recognized organization with at least five (5) years successful experience on work of this type & scope, of equal or better quality than this project.

The District, as part of the bidder’s qualifications, can include as part of the criteria for determining which vendor to recommend to the Board, information on whether the vendor or the owner is a taxpayer in the District (local vendor consideration). Bid form has a place for the bidder to indicate if they fall within this criterion. If necessary, the District will ask for information documenting this bidder’s status after the bid opening.

5. Warranty

Contractor shall warranty materials and installation of all components for a period of 18 months from date of acceptance by the owner of job completion.

6. Project Meeting

Pre-job conference to be scheduled within five (5) days after award, to be determined by Mark Paulus, Owner’s Representative at (248) 880-6791.

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7. Work Schedule

Project Start: June 3, 2019 Substantial Completion: No later than August 4, 2019 Final Completion: Thirty days after substantial completion.

Normal Work Hours: 7:00 AM to 4:00PM Monday through Friday

Any work affecting the use of the pool must be completed off hours which may include after hours, Saturday or Sunday.

Failure to close out the project including but not limited to punch list permit finalization and closeout documents from final completion shall result in a penalty of $500 per day.

8. Clean-up and Disposal

The Contractor shall be responsible to clean-up all debris and dispose of it off-site.

This MUST BE DONE DAILY. If the District has to provide clean up after contractors, there will be a $500 per event fee in addition to disposal costs.

9. Damage Repair

Survey of the site will be conducted, and documented by the contractor, to determine current site conditions. Survey to be provided to the District prior to the start of construction. Contractor shall be responsible to repair any damage to the site, which occurs during this project.

Contractors and their Sub Contractors shall park their work vehicles in the area(s) designated for parking. Contractors and their Sub Contractors shall not park or drive on sidewalks or landscape areas. Failure to repair, District will complete, and Contractor will be responsible for all costs. There will also be a $500 fee assessed for any vehicles that are documented to be parking on sidewalks or landscape areas.

10. Submittal of Bid

Before submitting a bid, bidders shall carefully read all the bid documents in order to avoid omission or duplications. To ensure a complete project, bidders shall visit the premises, verify site conditions and conditions under which work under the contract must be conducted. Submission of a bid signifies that the bidder has visited the project premises, has made examinations and verifications and is fully conversant with all conditions under which the work is to be performed. No claims for additional compensation will be considered or paid to the successful bidder, due to said successful bidder’s failure to be so informed.

Any exceptions to the terms and conditions contained in this RFP or the form Contract attached to this RFP, if there is one attached, or any other special considerations or conditions requested or required by the bidder MUST be specifically enumerated by the bidder and be submitted and accepted prior to the bid due date, together with an explanation as to the reason such terms and conditions of this RFP or form of Contact cannot be met by, or in the bidder’s opinion should not be applicable to, the bidder.

The bidder shall be required and expected to meet the bid documents and the requirements as set forth in this RFP and the form of Contract in their entirety, except to the extent exceptions or special considerations or conditions are expressly set forth in the bidder’s Proposal and those exceptions or special considerations or conditions are expressly accepted by the District.

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Bids shall be submitted in duplicate on forms provided by the District and shall be delivered in a sealed, opaque envelope clearly marked as to the contents to the attention of:

Ms. Kathy Abela Royal Oak Schools 800 Devillen Royal Oak, MI 48073 – Design/Build Medium Pressure UV System at

Royal Oak Middle School Pool - BID

11. Familial Relationship

All bidders must provide familial disclosure in compliance with MCL 380.1267 and attach this information to the bid. The bid 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 or the superintendent of the school district. The District shall not accept a bid that does not include this sworn and notarized disclosure statement.

12. Iran Economics Sanctions Act

Each bid must be accompanied by a sworn and notarized statement certifying that the Contractor is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, PA 516 of 201.

13. Withdrawal of Bids

Any bidder may withdraw his bid at any time prior to the scheduled time for receipt of bids. No proposals may be withdrawn for at least sixty (60) days after the scheduled closing time of the bid.

14. Firm Prices

Prices and notations must be typed or in ink. No erasures are permitted. Mistakes may be crossed out and corrections entered and initialed, in ink, by the person signing the proposal.

In the event of discrepancy between the unit price and the extension, the UNIT PRICE SHALL GOVERN. The price inserted must be net including all freight, discounts, rebates, and allowances.

15. Permits, Fees, Regulations and Taxes

The Contractor shall obtain and pay for all permits, assessments, fees, bonds, and other charges as necessary to perform and complete the work of this contract, including disconnection charges, capping and unplugging utilities.

The Contractor shall be responsible for obtaining all permits and licenses necessary for the proper completion of project. Permits and licenses are available from the appropriate agencies having jurisdiction. The Contractor shall give all notices, pay all fees and comply with all laws, ordinances, rules and regulations bearing on the work.

At the completion of the project, the contract will provide to the District all paperwork related to the full execution of the permits(s), including all payments and inspections.

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If any of the work of the Contractor is done contrary to such laws, ordinance rules and regulations without such notice, he shall bear all costs arising therefrom. The Contractor shall include all cost and taxes in its bid and make proper provisions for payment of all other State and Federal applicable taxes, fees or other costs.

The bid amount shall INCLUDE sales tax.

16. Delivery/Installation

Time of delivery is part of the consideration. It is understood that the bidder agrees to deliver prepaid to the schools, specified from the resulting contract, all items. All cost of delivery, drayage, freight, packing, unpacking, and setup are to be included in the prices bid.

The Contractor is responsible for removing from the project all waste materials and rubbish resulting from his operations and installation including all packing cartons and debris. Removal is to occur on a daily basis. Failure to do so will result in the Owner doing so and the cost thereof shall be charged to the Contractor as a deduction in his contract price.

The Contractor shall provide an adequate number of qualified, experienced installers, in harmony with other works at the site.

17. Bonds

Bid Bond, money order or certified check, for an amount not less than five (5%) percent of the amount of the bid, must accompany each bid. The check or bond of each unsuccessful bidder will be returned within ten (10) days after the bid is awarded.

Failure of any accepted bidder to enter into a contract to complete the specified work may forfeiture of his bid security. Failure to submit proper bid security shall constitute rejection of bid.

Performance Bond/Payment Bond

Within fourteen (14) days after date of issuance of written notice of selection for the award of a contract, which shall be considered as the notice to proceed, the successful bidder shall enter into a contract with the Owner and shall execute and file with the Owner, the following in the amount 100% equal to full contract sum.

The Performance Bond must insure the faithful performance of all provisions of the contract and satisfactory completion of the specified work, within the time agreed upon.

The Payment Bond must insure the payment and protection of claimants supplying labor or materials to the principal contractor or his subcontractors in the prosecution of the work provided for in the contract. The successful contractor’s bond company must be listed by the State of Michigan as a licensed carrier and have an excellent or superior rating from AM Best Company.

18. Safety

Under the “General Conditions of the Contract for Construction” of the contract to be awarded, the Contractor;

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a. shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures;

b. shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the contract;

c. shall take reasonable precautions for safety of all persons who may be affected, including employees of the Contractor and Subcontractor; and

d. shall have an accident prevention representative at the site.

e. Shall have and follow their Corporate Safety Plan/Program

The general conditions of the contract for construction and the agreement also require that the Contractor indemnify the Owner, its officers, agents, servants, volunteers and employees in the event of certain claims arising out of the performance of the work.

19. Insurance Requirements

The Contractor shall protect, defend and indemnify the Owner, its officers, agents, servants, volunteers, and employees from any and all liabilities, claims, liens, demands, and costs of whatsoever kind and nature which may result in injury or death to any persons, and for any result in injury or death to any person, and for loss or damage to any property, including property owned or in the care, custody, or control of the Owner in connection with or in any way incident to or arising out of the occupancy, use, with this Agreement resulting in whole or in part from negligent acts or omissions of the Contractor, any Subcontractor, or any employee, agent or representative of the Contractor or any Subcontractor.

The Contractor shall maintain, at its expense, during the term of this contract the following insurance:

a. Worker’s Compensation Insurance with statutory limits and Employer’s Liability Insurance with a minimum limit of $1,000,000 each occurrence.

b. Comprehensive General Liability Insurance with a minimum combined single limit of $1,000,000 per occurrence, $1,000,000 aggregate, in the same amount made for bodily injury and property damage. The policy is to include products and completed operations, cross liability, broad form property damage, independent contractors, and contractual liability coverage. The policy shall be endorsed to provide sixty (60) days written notice to the District of any material change of coverage, cancellation, or non-renewal of coverage.

c. If Subcontractors are likely to be used, the Comprehensive General Liability policy shall include coverage for independent Contractors.

d. Owner’s Contractor’s Protective Policy-comprehensive in the name of the Owner, with a minimum combined single limit of $1,000,000 per occurrence in the same amount for bodily injury or property damage.

e. Automobile Liability insurance covering all owned, hired, and non-owned vehicles with personal protection insurance and property insurance to comply with the provisions of the Michigan no-fault Insurance Law, including residual liability insurance with a minimum combined single limit of $1,000,000 each occurrence of bodily injury and property damage.

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f. All insurance policies shall be issued by companies licensed to do business in the State of Michigan. The companies issuing the policies must be domestic (on-shore) companies and have an A rating by AM Best.

g. The Contractor shall be responsible for payment of all deductibles contained in any insurance policy required in this contract.

21. Compliance with School Safety Initiative Legislation

Meeting the requirements of the School Safety Initiative Legislation, being MCL 380.1230, 380.1230a, 380.1230c, 380.1230d and 380.1230g.

The Bidder acknowledges and agrees that the Bidder will have any and all its installation personnel (including sub-contractors) subjected to criminal history and background checks. Criminal history and background checks will be done within a year of the beginning of the project and should be completed before worked begins on this project.

The Bidder is required to provide written documentation for all on site personnel. The documentation will also verify that none of the personnel have a “listed offense” as indicated below. This documentation is to be provided before the beginning of the project and updated as necessary for any additions or subtractions from the list as long as the project lasts.

The Bidder shall indemnify, defend and hold the District, its employees, Board of Education, and each member thereof, agents and consultants, harmless from and against any and all claims, counter-claims, suits, debts, demands, actions, judgments, liens, liabilities, costs, expenses, including actual attorney’s fees and actual expert witness fees, arising out of or in connection with any violation of, or the Bidder’s failure to comply with the above paragraphs.

The Bidder shall be responsible for all costs and expenses associated with the above-required criminal history and background checks.

LISTED OFFENSES

a. MCL 750.145a - Accosting, enticing or soliciting child (less than 16 years of age) for immoral purposes.

b. MCL 750.145b - Accosting, enticing or soliciting child (less than 16 years of age) immoral purposes – second or subsequent offenses.

c. MCL 750.145c - Involvement in child sexually abusive activity or material, including possession of child sexually abusive material (“child” is a person less than 18 years of age who has not been legally emancipated.)

d. MCL 750.158 - Crime against nature (i.e., sodomy and beastiality) if the victim is an individual less than 18 years of age.

e. A third of subsequent violation of any combination of the following:

i. MCL 750.167(1)(f) - indecent or obscene conduct in a public place;

ii. MCL 750.335a - indecent exposure;

iii. A local ordinance of a municipality substantially corresponding to a section described in (a) or (b), supra.

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f. Except for juvenile disposition or adjudication, a violation of:

i. MCL 750.338 - gross indecency between males; fellatio or masturbation;

ii. MCL 750.338a - gross indecency between females; oral sex;

iii. MCL 750.338b - gross indecency between male and female persons;

iv. if the victim is an individual less than 18 years of age.

g. MCL 750.349 - Kidnapping, if victim is an individual less than 18 years of age.

h. MCL 750.350 - Kidnapping; child under 14 years of age with intent to detain or conceal from child’s parent or legal guardian.

i. MCL 750.448 - Soliciting or accosting by a person 16 years of age or older, if victim is an individual less than 18 years of age.

j. MCL 750.455 - Pandering

k. MCL 750.520b - First degree criminal sexual conduct.

l. MCL 750.520c - Second degree criminal sexual conduct.

m. MCL 750.520d - Third degree criminal sexual conduct.

n. MCL 750.520e - Fourth degree criminal sexual conduct.

o. MCL 750.520g - Assault with intent to commit criminal sexual conduct.

p. Any other violation of a law of the state or a local ordinance of municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.

q. MCL 750.10a - Offense by sexually delinquent person (i.e., “any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sexual relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16”).

r. An attempt or conspiracy to commit an offense described in (1) through (17).

s. An offense substantially similar to an offense described in (1) through (17) under a law of the United States, any state, or any country or any tribal or military law.

22. Termination by the District for Convenience

The District may, at any time, terminate the Contract for the District’s convenience and without cause.

Upon receipt of written notice from the District of such termination for the District’s convenience, the Contractor shall:

a. Cease operations as directed by the District in the notice;

b. Take actions necessary, or that the District may direct, for the protection and preservation of the Work; and

c. Except for Work directed to performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further Subcontracts and purchase orders.

23. Bids, Notifications, Claims and Statements shall be signed as follows:

The person who has signed the proposal form shall have the authority to do so under the structure of the Bidder.

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24. Owner Is An Equal Opportunity Employer

The Owner is an Equal Opportunity Employer. Pursuant to the Executive Order 11246 as amended, you are advised that under the provisions of this order, Contractors and Subcontractors are obligated to take affirmative action to provide equal opportunity without regard to race, creed, color, national origin, age or sex.

25. Michigan Right to Know Law

Royal Oak Schools will comply with the Michigan Right to Know Law by informing Contractors of hazardous chemicals to which they may be exposed. All Contractors will be required to provide Material Safety Data Sheets for any hazardous chemicals brought to the workplace. The Contractor shall comply with all applicable provisions of the Occupational Safety and Health Act for the duration of the specified work.

26. Asbestos Hazard Emergency Response Act

As required by the Environmental Protection Agency Asbestos Hazard Emergency Response Act, each school district is responsible for providing contractors with information regarding locations of known or assumed asbestos containing material prior to the Contractor entering a building under the school district’s jurisdiction. The successful bidder will be required to complete the school district’s Contractor Notification forms.

27. Notification of Assumed Lead-Containing Materials

The intent of this section is to formally notify all Contractors and Sub-Contractors applying for or bidding on work covered within this specification that, due to the age of the facilities within this District, there is the presumption that building components do contain lead-based paint pursuant to OSHA definition. The District has not conducted lead-based paint inspections. As a result, all Contractors and Sub- Contractors bidding must assume that building components do contain lead-based paint.

Furthermore, all awarded Contractors and Sub-Contractors shall be responsible to comply with all applicable Federal and Michigan State lead regulations including, but not limited to, 29 CFR Part 1926.62 of the OSHA Lead Construction Standard, (Part 603 of the Michigan State Standards). All costs associated with regulatory compliance shall be borne by the Contractor and/or Sub-Contractor.

28. General Conditions

The District reserves the right to accept or reject any or all proposals, to waive irregularities, and to accept a proposal which, in the District’s opinion, is in the District’s best interest.

The District reserves the right to declare as non-responsive, and reject, any bid which is incomplete or where material information requested in not furnished, or where indirect or incomplete answers or information is provided.

In the event, the Administration Building is closed due to unforeseen circumstances on the day Proposals are due, Proposals will be due at the same time on the next day that the District and/or the Administration Building is open.

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Negligence in preparation, improper preparation, errors in, or omissions from, proposal shall not relieve a bidder from fulfillment of any and all obligations and requirements of the proposed Contract Documents.

The District expects that the awarded bidder will complete the work as outlined in the bid documents for the amount bid by the bidder. Any additional costs above the amount bid and awarded, must be approved by the District in advance of any work.

Voluntary alternates for bids are acceptable but should NOT be put in the space for the Base Bid on the Bid Response Form but on an attached sheet, clearly labeled Voluntary Alternative. Such Alternates should be described in enough detail for the District to understand the Bidder’s intent.

Owner may choose to conduct testing to verify correct products and installation. If the materials and installation are found not to be per spec, Owner will require subsequent tests to be performed by Owners testing company at contractors’ expense.

No responsibility shall attach to the District, or the authorized representatives of either one, for the premature opening of any proposal, which is not properly addressed and identified.

The Contract Documents, as outlined in the executed Agreement, shall imply the inclusion of the entire agreement between the parties thereto, and the Contractor shall not claim any modification thereof resulting from any representation or promise made at any time by an officer, agent or employee of the District or by any other person.

Include in your base bid for an allowance of $5,000. This is to be used at the Owner’s discretion.

If there is an issue with subcontractor and contractor which results in a legal preceding which is not tied to the performance of ROS or its staff, contractor to pay any time spent by ROS.

29. Opening and Awarding of Bids

Bids will be publicly opened at the Royal Oak Schools Administration Office, 800 Devillen, Royal Oak, MI 48073 at 11:00 AM Local Time Monday April 29, 2019.

The recommendation for award will be submitted to the Board of Education at the regular Board of Education Meeting to be held on Thursday, May 9, 2019 at 7:00 PM.

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See drawings and specifications posted to ROS website.

Other Items to Include:

1. All Temporary Protection of Existing Surfaces and Equipment.

TECHNICAL SPECIFICATIONS:

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My signature certifies that the Proposal as submitted complies with all of the terms and conditions set forth in the Request for Proposal unless specifically enumerated as an exception as part of our Proposal.

COMPANY NAME: _____________________________________________________

ADDRESS: ___________________________________________________________

AUTHORIZED SIGNATURE: _____________________________________________

AUTHORIZED NAME (please print): _______________________________________

TITLE: ________________________________________ DATE: ________________

CELL PHONE #: ________________________ FAX #: ________________________

E-MAIL: _____________________________________________________________

The undersigned certifies that the bid contained meets or exceeds the attached specifications. Include the bond and allowances amount in price(s).

Base bid $ _____________________

Days base bid work ______________________

Alternate #1 – Addition of a DCM 502 Prominent Controller Bid $ _____________________

Days Alternate #1 Addition of a DCM 502 Prominent Controller ______________________

Bid Questions

Acknowledge receipt of Addendums: ____________________________________

Do you agree to the schedule and terms of the schedule? Yes No

Bid Bond included? Yes No

Familial Disclosure Affidavit included? Yes No

Iran Linked Business Affidavit included? Yes No

Please state your warranty: _____________________________________________

State any prompt payment terms: __________% ___________days.

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Do you conduct background checks on your employees? Yes No

Are you on the Excluded Parties List, which excludes you from receiving Federal Contracts or certain sub contracts, pursuant to the provisions of 31 U.S.C. 6101, note E.O. 12549, E.O. 12689, 48 C.F.R. 9.404? Yes No Unknown

At least three (3) references with contact person:

Company: __________________ Contact: __________________ Phone: __________

Company: __________________ Contact: __________________ Phone:___________

Company: __________________ Contact: __________________ Phone:___________

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CONSTRUCTION BID DISCLOSURE STATEMENT – FAMILIAL RELATIONSHIP

Pursuant to MCL 380.1267, 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 Royal Oak Schools Board or the Royal Oak Schools Superintendent must be accompanied with the bid. Bids without this disclosure statement will not be accepted.

The members of the Royal Oak Schools Board are: Deborah Anderson, Gary Briggs, Marty Cardamone, Jeff Brinker, Carrie Beerer, Allison Sykes, and Maryanne VanHaitsma

The Royal Oak Schools Superintendent is: Mary Beth Fitzpatrick

€ The Following are the familial relationships:

€ There are none.

STATE OF MICHIGAN )

) ss

COUNTY OF_____________)

The undersigned, authorized representative of bidder (insert name) does hereby acknowledge that bidder has read the foregoing disclosure statement and the statements herein contained are true.

Signature of Bidder Representative

Print Name

Title

Subscribed and sworn to before me this _____day of ___________________, Notary Public, ______________County, Michigan My commission expires: ____/____/________

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AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the Royal Oak Schools (the “School District”) Request For Proposals For Design/Build Medium Pressure UV System at Royal Oak Middle School Pool (the “RFP”), hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the contract.

The Contractor further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

CONTRACTOR:

Name of Contractor

By:

Its:

Date:

STATE OF )

)ss.

COUNTY OF ____________ )

This instrument was acknowledged before me on the _____ day of ________________, 20 , by __________________________.

, Notary Public

______________ County, __________

My Commission Expires:___________

Acting in the County of :___________

8850374.1 31354/151790

ROYAL OAK MIDDLE SCHOOL MEDIUM PRESSURE UV SYSTEM

ROYAL OAK, MICHIGAN

SWIMMING POOL AND EQUIPMENT 13 1500 - 1

SECTION 13 1500 – MEDIUM PRESSURE UV SYSTEM 32719

PART 1 GENERAL

1.01 RELATED DOCUMENTS:

A. General provisions of contract, including General and Supplementary Conditions and specific requirements as directed by the owner or their representatives shall apply to work of this section.

B. See instruction to bidders

1.02 DESCRIPTION OF WORK:

A. This section of the specifications is intended to describe a Guaranteed Design Build and or performance specification to furnish and install a complete Medium Pressure

UV System including all electrical. If additional electrical protections are necessary the bidder shall include those provisions in his bid. Furnish all labor and material but not limited to the following:

1. Furnish and install New Validated Medium Pressure UV System complete with electrical to fully service the new UV System

2. System shall be minimum 8” diameter with 8” piping in and out of Unit

3. Furnish and install all electrical, disconnects, switches, power, bonding, grounding to complete the system.

4. Furnish and install 8” PVC Schedule 80 PVC with bypass, influent and effluent wafer style valves.

5. Install unit so it is continuously supported and allow egress to service the unit and the lamps.

6. Install post filtration and prior to chemical injection.

7. Maximum 2 lamp system

8. Add alternate to base bid for the addition of a DCM 502 Prominent Controller

9. UV System may be wall or chair hung minimum of 48” AFF

10. Lamps and tubes must be accessible from the floor on both ends

B. This section of the specifications is intended to furnish and install complete system as it relates to the work to be performed including installation and service as specified herein.

C. Only contractors capable of meeting the qualifications and furnishing all work called for in this section shall be and remain through the warranty periods, the sole responsibility of this contractor.

D. Contractor shall verify the power, access and staging requirements needed to perform a complete project and coordinate scheduling requirements with the owners representatives.

E. The term pool as used in this Division shall refer to: Competition Pool with all related functions. The term Contractor is used to represent or refer to the Pool bidder.

SWIMMING POOL AND EQUIPMENT 13 1500 - 2

F. All instruction, service and warranty claims will be handled by one organization specializing in this work.

G. The owner is Royal Oak Schools and/or their representatives or invitees such as engineer, consultants, representatives, maintenance, operators or the like.

H. Contract documents are the basis for receiving bid and are therefore the final determination for achieving Substantial Completion.

I. See any specific requirements by the owner for defined areas of responsibility.

J. Any reference to Contractor as stated herein shall be defined or intended to mean pool contractor bidding work to be performed as indicated herein.

1.03 SUBSTITUTIONS:

A. Detailed investigation has been made before selecting the specified products. If any contractor wishes to submit a substitute he shall do so as an alternate installation.

Bidding shall include a layout indicating the location and any specific information related to a complete installation.

B. After bidding if a voluntary alternate is offered said contractor shall submit product information plans and specifications to the owner with any specific related areas affected by the change. This results as an owner's option. Said information, plans and specifications shall be for this specific project and show the installation of the proposed substitute. All changes required in the pool structure or in the building construction or any other areas related to the change shall be the sole responsibility of said contractor offering the substitute. In the event the option is chosen said contractor will be responsible for any additional costs due to the omission of affected work. This is to assure true costs of the alternate has been properly represented and evaluated. Any product offered as an owner's option must be proven design with at least ten (10) installations of this size in service for more than two (2) years.

1.04 QUALITY OF MATERIALS:

A. Special attention is directed to the materials, products, methods and equipment described in these specifications. They establish a standard of required function, dimension, appearance and quality. Where only one manufacturer's name is mentioned for a particular item of equipment or material, the Contractor's base bid shall be on that item. Whenever the words "or equal", "or approved equal", or "equal as approved" appear in the specifications, they shall be interpreted to mean material or an item of equipment equal in quality to that named. The burden of proof of equality or service shall be on the supplying contractor.

B. Proof of inequality is not implied by the specifications and is not a burden of the

Owner or his representative. If the Contractor submits a substitution of an "equal" basis, he shall assume all risks involved should the Architect find it not acceptable.

The Pool Contractor shall assume all costs for changes in drawings and

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specifications affected by the substitution, and the cost of the increase, if any including adjoining work.

C. Where references are made to Federal Specifications, American Society for Testing and Material, American Standards Association, American Institute of Steel

Construction, Steel Institute, and similar associations, organizations and standards, it shall be construed to mean their current specifications and designations as amended as of the date of the opening.

1.05 PATENTED MATERIALS:

A. This contractor shall pay all royalties and license fees. He shall defend all suits of claims for infringement of any patent rights and shall save the Owner or his invitees harmless from the loss on account thereof, except that this contractor shall not be responsible for all such loss when a particular manufacturer or manufacturers are specified, but if this contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Owner or their representatives.

1.06 CODES:

A. All work in this division shall be according to applicable Local, State and National

Codes and Regulations.

1. Michigan Department of Environmental Quality

2. National Swimming Pool Institute for Public Pools

3. National Federation for High School Association

4. State Plumbing and Electrical Codes

5. National Electrical Code

6. National Sanitation Foundation

7. American Society for Testing and Materials

8. All State and National Codes associated with intended use of the facility

9. American Concrete Institute

10. National Plaster Council

11. Michigan Occupational Safety and Health Administration

1.07 JOB COORDINATION:

A. Prior to work start this contractor shall hold a meeting at the job site with owners representatives to establish work limits, job schedule and liaison among contractors to ensure a coordinated construction process.

1.08 QUALIFICATION SUBMITTAL:

A. The bidding contractor must have performed the same services as described herein or show and prove he has the ability to provide such services to meet the full intent of the information as stated herein. Each pool must have had a water surface area equal to or larger than the pool described herein. Upon investigation these pools would be found to be completed in a satisfactory manner and having been in

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operation for at least three (3) years. The contractor shall furnish complete evidence that he has the facilities to complete all phases of this trade division.

B. The Owner reserves the right to reject any Contractor's request to bid if the evidence submitted by, or investigation of, such Contractor fails to satisfy the Owner that such

Contractor is properly qualified to carry out the obligation of the contract and to complete the work described or if the Contractor does not meet the qualifications stated herein.

C. It is the desire of the Owner and by the intent of these documents that this bidding contractor furnish and install a complete package so that all warranties and/or guarantees become the sole responsibility of one single contractor and further to be able to furnish a necessary service staff who are capable of properly servicing emergency situations.

D. Before commencing any work, this contractor shall submit and obtain approval for all work called for in this division.

E. Unless specified otherwise the bidder shall submit with his bid a designation of the work to be performed by the bidder with his own forces and/or:

1. The proprietary names of the suppliers and/or subcontractors of principle items or systems of materials and equipment proposed for the work; Including phone numbers, contact person, date of equipment order and expected delivery dates.

2. A list of names of the subcontractors and other entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principle portions of the work. In the event of long lead items or those items that could jeopardize the project schedule the pool contractor shall so state at this time. If no statements are contained in this notice the owner assumes all equipment will be available as needed.

3. The bidder will be required to establish to the satisfaction of the Owner the reliability and responsibility of the suppliers, persons, or entities proposed to furnish and perform work described in the bidding documents. Prior to the award of the contract, the Owner will notify the bidder in writing if after due investigation, has reasonable objection to any such proposed supplier, persons, or entity.

4. If the Owner has reasonable objection to any such proposed suppliers, person or entity, the bidder may, at his option:

a. Withdraw his bid

b. Submit an acceptable substitute supplier, person or entity, with an adjustment in his bid price to cover the difference in cost occasioned by such substitution. The Owner may, at his discretion, accept the adjusted bid price or he may disqualify the bidder.

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c. In the event of either withdrawal or disqualification under the subparagraph, bid security may not be forfeited, no compensation will be given for any efforts made; not withstanding the general provisions or qualifications on his bid security.

d. Suppliers, persons and entities proposed by the bidder and to whom the

Owner and the Architect have made no reasonable objection must be used on the work for which they were proposed and shall not be changed except with the written consent of the Owner.

5. The owner may at his option interview contractor(s) with the aide of a video camera or recording device which will become part of the bidding documents.

1.09 PERFORMANCE SUBMITTAL:

A. All submittals will be made in accordance with the requirements at stated herein with

General Requirements and in strict compliance of the following:

B. Within 48 hours of Notification of award the Pool Contractor shall submit the schedule of calendar dates for the duration of scope of services with anticipated dates and or deadlines thru chemical balancing.

1. Contractors submittal and or approval is a representation that Contractor accepts full responsibility for draining the existing pool as well as determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers and similar data and that he has review or coordinated each submittal with the requirements of the Work and the Contract Documents.

2. Note certification of or equal or approved equal status. Any and all deviations from the Contract Documents shall be so listed as a deviation with a description as it related to the deviation. Note substitution section herein. Any deviation not accepted requiring additional work by another trade division shall be paid by the

Contractor.

C. No portion of his work shall commence without the performance submittal.

Contractor is cautioned that if during this period he is expecting to start his portion of the work and he assumes all responsibility for such in the event proper approvals have not been obtained. Review will only be for the information submitted and not as a check list for items not submitted or not properly marked on the submittal.

Contractor has bid the project with the equipment as specified he is expected to furnish and install what is specified.

D. Contractor shall accept full responsibility for all information as contained herein.

Any additional performance related information not noted is expected to be installed even though it was not noted in the documents. Omission does not exonerate the contractor from installing the item or any item as it is described herein. The review is for general conformance with layouts elevations and quantities being the responsibility of the contractor. Not submitting this information as described or within the time frame as required does not allow the contractor additional time. This contractor is totally responsible for any errors or omissions in locations especially as

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they relate to location or elevation that directly affects it connection to another component or adjacent surface.

E. Review does not indicate a thorough review of all dimensions, quantities and details of the material, equipment, device or item shown. Review of submittals shall not relieve Contractor from responsibility for errors, omissions or deviations or responsibility for compliance with the Contract Documents. When the information is returned Rejected, Revise and Resubmit or no exceptions submit specified item, the corrections shall be made as noted thereon and as instructed and six corrected copies (or one copy and one corrected reproducible copy) needs to be resubmitted.

Approved as Noted or Accepted as Noted indicates the conditions of acceptance, the item does not need to be resubmitted. The contractor is responsible for installing the item as corrected or so noted.

F. Engineering data covering all systems, equipment, structures and fabricated materials, which will become a permanent part of the Work under this Contract shall be submitted for review. This data shall include drawings and descriptive information in sufficient detail and scale to show the kind, size, arrangement and operation of component materials and devices, external connections, anchorage’s, supports required, performance characteristics, fabrication and dimensions needed for installation and correlation with other materials and equipment. A certification with the shop drawing shall state in writing indicating that all equipment will connect into, fit into and be connected into the space allotted and as shown in the drawings.

G. Submit shop drawings with any specific notes for all components as contained in each section of this Division in the order and format as indicated in another section indicating all equipment as stated herein and related to but not limited to the following equipment or details such as must be submitted with the shop drawings to scale as required. If some of the information related to that item is not on the cut sheet then write that information on the submittal sheet. If the information is needed for other trades then a separate submittal shall be made.

1. Interface to existing equipment

2. Pool details

3. Typicals with penetration details

4. Special fabrications

5. Sections

6. Locations

7. Settings

8. Interconnecting parts

9. Manufacturers names and Model numbers

10. Internal and external components

11. Layout details for all equipment

1.10 CONTRACTORS RESPONSIBILITY:

A. The owner hereby assumes that the systems as installed are compatible with the water as used and maintained.

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B. During Construction the Contractor shall take all steps necessary to prevent problems to the owner or operator in other areas or with any of the existing equipment or facilities or difficulties in completion.

C. Contractor is responsible for the existing equipment, support and components as well as everything as stated herein for the duration of construction. He shall make no assumptions as to outside conditions or events, which may occur during construction, such as power failures, water, dust dirt or the like, which could cause damage during or after construction.

1. Contractor shall take all necessary precautions to make sure such things or event do not occur.