Attachment “D”

Bid Proposal

RFP # 201921 Competitive School Safety Grant Program

Sealed Bids will be accepted until Wednesday, 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

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

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

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:

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

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:

Contact Phone:

Client Data (Reference #2) Description of Service

Client Data#1:

Contact Phone:

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