BPS BP T13_Head-End Room_Addendum 3_RFP vF_022018.docx

REQUEST FOR BID (RFB)

Addendum 3

Birmingham Public Schools 31301 Evergreen Road Beverly Hills, MI 48025

Berbiglia Associates, Inc.

248-489-3100 jberbiglia@berbigliaassoc.com

Tentative Bid Time Line:

PLEASE NOTE: The Owner reserves the right, in its sole and absolute discretion, to make modifications to the RFB timeline as it determines to be in its best interest.

Objective:

Birmingham Public Schools, hereby referred to as Owner, seeks proposals from qualified firms with which to establish a requirements contract for furnishing and install all labor, material and equipment necessary to renovation and construction the District Head End Room Upgrades in accordance to the documents and specifications prepared by TMP Architecture, Project Number 15105F dated December 15, 2017 (12-15-17). It is the intention of this Request for Bid to result in multiple contractors awarded according to the bid categories set forth in this RFB.

Information to Bidders

1. Bid Due Date and Proposal Forms

2. Definitions

3. Qualification of Bidder

4. Sole Bidder

5. Method of Bidding

6. Discrepancies, Omissions or Interpretations

7. Addenda

8. Unit Prices

9. Performance and Payment Bond

10. Sales Tax

11. Scope of Services

12. Contract Period

13. Method of Ordering

14. Payment

15. Hours of Work

16. Safety

17. Workmanship/Inspection

18. Warranty Work

19. Certificate of Insurance

20. Familial Relationship Disclosure

21. Iran Economic Sanctions Act

22. Bid Submission Instructions

23. Specifications of Bid

24. Withdrawal or revision of Bid Proposals

25. Acceptance and Rejection of Bid Proposals

26. Affirmative Action

27. Indemnify and Hold Harmless Agreement

28. Termination of Contract to Purchase

29. Post-Bid Information

30. Specification of Materials/Supplies

31. Bid Proposal Form

32. Milestone Schedule

Information to Bidders

1. Bid Due Date and Proposal Forms:

A. Each bid shall be submitted (including the Familial Disclosure Affidavit, Iran Sanctions Affidavit, and other attachments), on the bid proposal form furnished by the Owner in the bid documents with all blank spaces filled in.

B. Submitted bid forms shall be signed by a responsible company official.

C. Sealed bids are to be clearly marked “SEALED BID – BP T13 - Birmingham Covington School - District Head End Upgrades,” and shall include Vendor Name, Bid Number, and Due Date in lower left hand corner of envelope. All blanks on the bid form shall be filled in by typewriter or manually in ink, including all unit pricing.

D. Sealed bids are due Monday, March 5, 2018 no later than 11:00 AM, local time, at Birmingham Public Schools, 31301 Evergreen Road, Beverly Hills, MI 48025. Bids will then be publicly opened and read aloud at that time. Bid Proposals received after the due date/time will not be considered or accepted. Faxed bids will not be accepted. No exceptions.

2. Definitions:

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

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

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

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

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

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

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

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

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

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

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

3. Qualification of Bidder

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

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

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

D. The Owner shall have access to Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article. The Owner shall give Contractor reasonable advance notice of intended audits.

E. If an audit inspection or examination in accordance with the article, discloses overcharges (of any nature) by Contractor to the Owner in excess of five percent (5%) of the total contract billings, the actual cost of the Owner's audit shall be paid by Contractor.

F. Right To Audit: Contractor's records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the Owner to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor of any of its payees pursuant to execution of the contract. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this contract.

G. For the purpose of such audits, inspections, examinations and evaluations, the Owner shall have access to said records from the effective date of this contract, for the duration of the work, and until two (2) years after the date of final payment by the Owner to Contractor pursuant to this contract.

4. Sole Bidder

A. It is the Owner’s intent that this Request for Bid permit competition. It shall be the bidder’s responsibility to advise the Owner in writing, if any language, requirements, scope specifications, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFB to a single source. Owner shall receive such notification no later than five (5) days prior to the date set for acceptance of bids.

B. If only one bid is received in response to the Invitation to Bid, a detailed cost proposal will be requested of the single seller. A cost/price analysis and evaluation and/or audit shall be performed of the cost proposal in order to determine if the price is fair and reasonable.

C. The Owner reserves the right to cancel the bid, or reschedule the bid opening, if there is only one bid received. The Owner’s decision will be final.

5. Method of Bidding

A. Proposals will only be accepted for individual bid categories where multiple categories exist. Bidders are required to bid an entire bid category. Bidders may bid more than one bid category. Combined bids covering several bid categories will not be accepted unless separate bid amounts are listed for each bid category making up the combined bid amount. The amount for a combined bid, however, need not be equal in amount to the total of the individual category bids.

B. The work of an individual bid category described in these contract documents is the sole responsibility of the trade Contractor known herein as “Contractor”. The work of each bid category is described in the Scope of Services section of the Bid Scope Document.

6. Discrepancies, Omissions or Interpretations

A. Bidder shall promptly notify the Owner of any ambiguity, inconsistency, or errors that they may discover upon examination of the contract documents or of the site and local conditions. Bidders requesting clarification or interpretation of the bid documents shall make a written request to the Owner to reach him at least seven (7) calendar days prior to the date for receipt of bids for transmittal to the Owner. Direct all questions to the Purchasing Coordinator:

Lauren Mbereko, Purchasing Coordinator Birmingham Public Schools 31301 Evergreen Road, Beverly Hills, MI 48025 Phone: (248) 203-3050; Fax: (248) 203-3072 Email: lmbereko@birmingham.k12.mi.us

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

C. It should be understood that specifying a brand name, component and/or equipment in these specifications shall not relieve the seller from full responsibility in accordance with the performance warranty and contractual requirements. The seller is responsible for notifying the Owner of any inappropriate brand name, component, and/or equipment that may be called for in the specifications, and to propose a suitable substitute for consideration.

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

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

7. Addenda

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

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

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

8. Unit Prices

A. Each bidder must bid on all unit prices listed in the bid proposal that are applicable to their bid category. They will be fully considered in awarding the contract.

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

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

D. Bid prices shall be firm through May 31, 2018.

9. Performance and Payment Bond

A. For those contracts of $50,000.00 or greater, acceptable bidders shall be required, as a condition precedent to award of contract, to furnish in the amount of 100% of the contract price, satisfactory Performance Bond and Labor and Material Payment Bond on contract, by a quality surety licensed to do business in the State of Michigan with cost of bond listed as a separate line item in the bid proposal.

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

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

10. Sales Tax

A. Contractor is responsible for all applicable taxes.

11. Scope of Services

A. Overview:

a) All material, labor, and equipment required to renovation and construct per project plans titled Birmingham Covington School DHE Upgrades, project number 1510F, as prepared by TMP Architecture, dated December 15, 2017 (12-15-17).

b) All material, labor, and equipment required to renovation and construct per project manual titled Birmingham Covington School District Head End Room Upgrades, project number 1510F, as prepared by TMP Architecture, dated December 15, 2017 (12-15-17).

B. Detail:

a) Contractor shall bring material and equipment to the site daily. There is no storage at the site.

b) Contractor shall legally dispose of all removed materials. On site facilities will not be used for disposal of removed materials or debris. Contractor is responsible for all daily and final cleaning of the renovated area.

c) Contractor is responsible for installation and maintaining temporary protection of the existing owner equipment. This includes all equipment within the construction area and adjacent areas as deemed necessary by the owner. The contractor shall coordinate temporary protection installation with the owner. The owner reserves the right to review, approve and make revisions to all temporary protection prior to and during construction.

d) The specifications associated with this bid are intended to generally describe a complete installation. Any additional materials or labor required for the complete project as intended shall be included in the bid price and provided by the Contractor, whether or not it has been detailed in these documents.

12. Contract Period

A. The contract award resulting from this Request for Bid shall the necessary to complet the work as shown and specified in the project documents.

B. In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires, floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation, to the extent that they are not caused by the party’s willful or negligent acts or omissions, and to the extent that they are beyond the party’s reasonable control.

C. The Owner reserves the right to suspend work wholly or in part if deemed necessary for the best interest of the Owner. This suspension will be without compensation to the Contractor, other than to adjust the contract completion/delivery requirements.

13. Method of Ordering

Not applicable

14. Payment

A. Payment to be made from Vendor’s invoice, and a copy of the signed delivery invoices, submitted to cover items received and accepted during the billing period. Invoices must contain the bid number under which the contract is awarded.

15. Hours of Work

A. Projects for Owner shall be performed, primarily, during normal business hours, normal school hours that are 7:30 a.m. to 4:00 p.m., Monday through Friday. Any changes to the established schedule must have prior approval of the Owner’s representative, and scheduled at the least disruptive time possible.

B. The Contractor shall not interfere with or disrupt school operations.

16. Safety

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

B. The Contractor shall keep the premises clean of all rubbish and debris generated by the work involved and shall leave the premises neat and clean. Contractor shall dispose of all surplus material, rubbish, and debris at the Contractor's expense.

C. The work area shall be cleaned at the end of each workday. All materials, tools, equipment, etc., shall be removed or safely stored. The Owner is not responsible for theft or damage to the Contractor's property. All possible safety hazards to workers or the public shall be corrected immediately and left in a safe condition at the end of each workday. If there is a question in this area, the Owner will be consulted.

D. The Owner does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the contract operations have commenced until the final acceptance of the work by the Owner.

17. Workmanship/Inspection

A. Where not more specifically described in any of the various sections of these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services. Personnel skilled in their respective lines of work shall execute all work.

B. The Contractor will request the Owner to conduct a site inspection after the project is complete. The Owner will prepare a “punch-list” during the inspection and will forward a copy of the “punch-list” to the Contractor.

C. After the “punch-list” items have been corrected, the Contractor will request a final inspection with the Owner. Final project approval is contingent upon the Owner’s final inspection and written approval.

18. Warranty Work

A. Contractor shall comply will all warranty requirements as specified in the contract documents. Contractor shall respond to requests for warranty assistance within seventy-two (72) hours.

B. Contractor shall provide complete manufacturer’s warranty information for all products with bid submittal documents.

19. Certificate of Insurance

A. Before commencement of any work, a Certificate of Insurance executed by bidder’s insurance agent or carrier showing required insurance coverage shall be submitted. A Thirty Day Cancellation Clause is required on all policies.

Failure to provide the Certificate may be considered material breach of the agreement and may be grounds for terminating the agreement.

B. Insurance Coverage As a condition of performing work for the Owner as a Contractor, the Contractor must provide Owner with satisfactory evidence of their insurance coverage as follows:

a) Worker’s Compensation and Employers’ Liability Insurance covering your statutory obligations in the state (s) in which your work for the Owner is to be performed.

b) Automobile Liability Insurance with a limit of $1,000,000 per accident covering your owned, non-owned and hired automobiles.

c) Commercial Liability Insurance written on an OCCURRENCE policy form that includes coverage for your operations, personal injury, XCU (explosion, collapse and underground), independent Contractors, contractual, and products-completed operations with limits of liability as follows:

1. If your policy is written on the 1986 ISO Simplified form:

$1,000,000 Occurrence $2,000,000 General Aggregate $2,000,000 Product- Completed Operations Aggregate

If your policy’s general aggregate is per job, then a $1 million limit of liability is acceptable for the general aggregate and the products-completed operations aggregate.

2. If your policy is written on a form other than the 1986 ISO Simplified form:

$1,000,000 Occurrence (bodily injury and property damage combined) $1,000,000 Aggregate (applicable to products-completed operations only)

3. Products-completed operations liability must be maintained for not less than one year after acceptance of completion of your work.

Other Requirements

a) A Best’s rating for each of your insurance carriers at B+ VII or better.

b) That the words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” do not apply or have been removed.

c) That Owner is an additional insured on the General Liability and Umbrella Liability policies certified.

d) Any deviations in coverage provided by the Standard 1986 ISO Simplified General Liability policy form, and

e) Any deductible over $1,000 applicable to any coverage. Should insurance with such a deductible be accepted, then Contractor will be liable for deductible amount.

General Liability and Auto Liability limits may be attained by individual policies or by a combination of underlying policies with umbrella and/or excess liability policies.

20. Familial Relationship Disclosure

All bidders shall provide familial disclosure in compliance with MCL 380.1267 and attach this information to the bid proposal. The bid proposal shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the bidder or any employee of the bidder, and any member of the Board of Education of the school district, or the Superintendent of the school district. The District will not consider a bid proposal that does not include this sworn and notarized statement.

21. Iran Economic 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.

22. Bid Submission Instructions

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

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

C. The bid signer shall initial all alterations or erasures.

D. Fill in all blank spaces for bid prices in both words and figures. In case of discrepancies, the amount in words will govern. Submit all copies of the bid and any other documents required to be submitted with the bid, in a sealed opaque envelope. Indicate on outside of envelope, name of bidder, address, name of project for which bid is submitted and description and address of the party to receive the bid. If forwarded by mail, enclose sealed envelope containing bid in another envelope addressed as indicated with the notation, “Sealed Bid Enclosed” on the envelope face.

E. All requested alternates shall be bid. Any alternates must be submitted with technical literature and/or detailed product brochures for the Owner’s use to evaluate the product(s) offered. Bids submitted without this product information may be considered as non-responsive and will be rejected. Prices will include all applicable taxes, bonds, overhead, profit and other pertinent costs.

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

G. Unit pricing is to be based solely upon the materials, installation and equipment established by the contract documents.

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

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

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

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

23. Specifications of Bid

A. Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, unless stated differently, such specification shall be considered as if followed by the words “or acceptable equal”, whether or not such words appear. The seller may offer material or equipment with equal or better qualities and performance in substitution for those specified which he considers would be in the Owner’s interest to accept. Any such offers shall be made in writing to Manager, Auxiliary Business Services for his consideration with the submission of the proposal and the seller shall include sufficient data which, together with any other data the Owner may require, will enable the Owner to assess the acceptability of the material or equipment. Such acceptance by the Owner shall not relieve the seller from full responsibility from the efficiency and quality and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name.

B. Bidders must address capabilities of removing and/or disposing of asbestos containing building materials.

C. Bidders shall address all aspects of labor rates which would be incurred, including proposed labor rates for normal working hours, after hours, weekends, holidays, etc.

24. Withdrawal or Revision of Bid Proposals

A. Any bid may be withdrawn prior to the scheduled time for opening of bid proposals. Written notices shall be received in the Purchasing Department, Birmingham Public Schools, 31301 Evergreen Rd, Beverly Hills, Michigan, 48025.

B. A bid may not be modified, withdrawn or cancelled by the bidder for ninety (90) calendar days following the time and date designated for the opening of bids, and bidder so agrees in submitting his/her bid.

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

D. Facsimile copies of the proposal form and attachments will not be allowed.

25. Acceptance and Rejection of Bid Proposals

A. Low bid price is not always the determining factor in the awarding of the bid. Other factors considered may include, but not be limited to, the following: delivery and/or completion time, judged quality of product, past performance, inventory availability, financial stability, and references.

B. The contract shall be awarded in the form of a Purchasing Agreement/Contract mailed to the vendor(s) selected.

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

a) If bid proposal form furnished is not used or is altered.

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

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

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

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

f) If any pertinent bidder instructions are not fully complied with.

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

E. The Owner shall have the right to accept or reject alternates in any order or combination and to determine the apparent low bidder on this basis.

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

G. The Owner reserves the right to split award of the contract if deemed to be in the best interest of Owner. Owner’s decision shall be final.

26. Affirmative Action

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

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

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

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

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

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

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

27. Indemnify and Hold Harmless Agreement

Contractor agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the Owner, its officers, and employees, from actions, claims, damages, disabilities or the cost of litigation that are asserted by any person or entity to the extent arising out of the negligent acts or omissions or willful misconduct in the performance by the seller hereunder, whether or not there is concurrent negligence on the part of the Owner, but excluding liability due to the active negligence or willful misconduct of the Owner. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for seller or its agents, under workmen’s compensation acts, disability benefits acts or other employees’ benefits acts.

28. Termination of Contract to Purchase

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

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

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

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

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

29. Post-Bid Information

A. After the bids are received, tabulated, and evaluated by the Owner, the apparent lowest qualified bidder(s) shall meet with the Owner at a post-bid meeting if requested by Owner for the purpose of determining any contract overlaps or omissions.

B. The bidder is required to submit information regarding the names and backgrounds of the supplier’s drivers, installers, and responsible company officials, if requested, and establish, to the satisfaction of the Owner, the reliability and responsibility of the persons or entities proposed to deliver and install the materials/equipment described in the contract documents.

a) The Owner will notify the bidder in writing if the Owner has reasonable objection to any such proposed person or entity prior to the start of a project.

C. The Owner reserves the right to request additional information from bidders for evaluation criteria as needed.

D. Any bidder that has provided similar materials or services to the Owner at a price 10%, or more, different than the submitted bid proposal price shall be required, upon request by Owner, to submit a written explanation of the variance(s), whether higher or lower, between the bid proposal price and the price previously billed. This applies to all materials or services billed in the 90 days prior to the bid opening date. The bidder shall adhere to any requests made by the Owner for written cost analysis. Any bidder that does not comply with this request may be rejected.

30. Specification of Materials/Supplies

A. All material and equipment shall be guaranteed against defects in manufacturing and materials resulting in decreased performance. Defective products will be replaced. All products shall be guaranteed against defects in manufacturing and material for ten (10) years from date of installation and will cover parts, labor, delivery, and installation.

B. The Owner will at times, inspect and review all materials and equipment. Any substitution, dilution, or other variance from the specifications will be grounds for termination of the contract. Additionally, any fraudulent variance from the specifications may be grounds for criminal prosecution.

C. Contractor will also be expected to provide in-service training as requested for the equipment he/she provides.

D. All materials must be asbestos free. Certification in writing by the manufacturer will be required.

BID FORM

(Item 31)

NAME OF BIDDER

Firm Name:

Address:

Telephone: Fax:

AGREEMENTS

The undersigned understands that the Owner reserves the right to reject any and all bids and to waive informalities and irregularities in bidding.

Owner also reserves the right to withhold bids for a period of time (90 days) from bid closing date.

The Owner reserves the right to accept or reject any or all Bids in whole or in part, or to waive any informalities therein. If in the Owner opinion it is in their best interest, the contract may be awarded to other than the lowest bidder, for reason of establishing uniformity, delivery time, etc.

If award is made to us under this proposal, we agree to enter into an Agreement with Birmingham Public School to furnish products and/or services, in strict accordance with this proposal, bid documents and all pertinent portions of plans, drawings and specifications.

LICENSES

Bidders shall have the correct class of license as required by the Registrar of Contractors for the work specified, prior to the submission of a bid.

Licensed Contractor’s Name:

Class: License No.:

Expiration Date:

ADDENDA

The undersigned acknowledges receipt of the following addenda:

Addendum Number: dated: / Addendum Number: dated:

Addendum Number: dated: / Addendum Number: dated:

Addendum Number: dated: / Addendum Number: dated:

My signature certifies that the proposal as submitted complies with all Terms and Conditions as set forth in this RFB.

My signature also certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud. Furthermore, I understand that fraud and unlawful collusion are crimes under Federal Law, and can result in fines, prison sentences, and civil damage awards.

My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to Birmingham Public Schools, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to Birmingham Public Schools, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with Birmingham Public Schools.

I hereby certify that I am authorized to sign as a Representative for the Firm:

LEGAL STATUS OF BIDDER

1. A Corporation organized and existing under the laws of the State of .

2. Name, title, and signature of individual duly authorized to execute contracts:

Name:

Title:

Signature:

REFERENCES

Attach the names of three references to your bid, preferably school districts.

NAME OF DISTRICT:

CONTACT PERSON: ________________________________ PHONE NO:

NAME OF DISTRICT:

CONTACT PERSON: ________________________________ PHONE NO:

NAME OF DISTRICT:

CONTACT PERSON: ________________________________ PHONE NO:

BP T13 - Birmingham Covington School District Head End Room Upgrades Page 21 of 23

Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as if followed by the words “or acceptable equal”. The Contractor may offer material or equipment with equal or better qualities and performance in substitution for those specified which he/she considers would be in the Owner’s interest to accept. The Contractor shall include sufficient specification data that will, together with any other data the Owner may require, enable the Owner to assess the acceptability of the material or equipment.

ELECTRICAL

DESCRIPTION:

DESCRIPTION:

DESCRIPTION:

A Performance Bond shall be issued by the Contractor whenever any one order involves at least $50,000, or greater, worth of product and/or services.

COST OF PERFORMANCE BOND PER $50,000 INCREMENTS:

*PRICING GOOD THROUGH MAY 31, 2018. PLEASE NOTE ANY EXCEPTION:

Bidder shall note below any and all exceptions or suggested changes to the resulting contract as illustrated in Section 31, Sample Contract:

COMPANY PROFILE

Please complete the following information in order to be considered for this proposal. Please attach additional pages, if needed, clearly identifying the question with the corresponding response.

1. List the number of full time employees:

TOTAL CONSTRUCTION

2. Dollar ($) Volume generated in 2015:

3. Dollar ($) Volume generated in 2016:

4. Dollar ($) Volume generated in 2017:

affidavit of bidder

(FAMILIAL DISCLOSURE FORM)

The undersigned, the owner or authorized officer of ________________________ (the “Bidder”), pursuant to the familial disclosure requirement provided in the __________________________ (the “School District”) advertisement for construction bids, hereby represent and warrant, except as provided below, that no familial relationships exist between the bidder(s) or any employee of _________________________________, and any member of the Board of Education of the School District or the Superintendent of the School District.

List any Familial Relationships:

BIDDER:

By:

Its:

This instrument was acknowledged before me on the _____ day of ____________, 2018, by __________________________.

, Notary Public ______________ County, Michigan My Commission Expires:___________ Acting in the County of :___________ affidavit of bidder

(COMPLIANCE WITH SCHOOL SAFETY INITIATIVE LEGISLATION)

The undersigned, the owner or authorized officer of _______________________________(the “Bidder”), certifies to Birmingham Public Schools (the “School District”), that any and all persons who will work directly or indirectly for the Bidder, including, but not limited to, Bidder’s employees, agents, vendors, subcontractors or consultants, and who will work at or on any School District property, shall at all times be in compliance with MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, and 380.1230g and have not been convicted of any “listed offenses”.1 The Bidder further warrants and represents that all persons who will work directly or indirectly for the Bidder, including, but not limited to, Bidder’s employees, agents, vendors, subcontractors or consultants, and who will work at or on any School District property, shall at all times be in compliance with MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, and 380.1230g. In this regard, Bidder agrees, without limitation, to report within 3 business days to the School District when any such person is charged with a crime listed in Section 1535a(1) of the Revised School Code2 or a substantially similar law, and to immediately report to the School District if that person is subsequently convicted, plead guilty or plead no contest to that crime.

BIDDER:

By:

Its:

1The term listed offenses means those defined in section 2 of the Sex Offenders Registration Act (SORA), MCL 28.722 2MCL.380.1535a(1).

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 Bidder (the “Bidder”), pursuant to the compliance certification requirement provided in the Birmingham Public Schools’ (the “School District”) Request for Bid, hereby certifies, represents and warrants that the Bidder (Including its officers, directors and employees) in 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 Bidder is awarded a contract as a result of the aforementioned RFB, the Bidder will not become an “Iran linked business” at any time during the course of performing the Work or any service under the contract.

The Bidder further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more the $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 bid for three (3) years from the date that it is determined that the person has submitted the false certification.

BIDDER:

By:

Its:

Date:

This instrument was acknowledged before me on the _____ day of ____________, 2018, by __________________________.

, Notary Public ______________ County, Michigan My Commission Expires:

Acting in the County of:

MILESTONE SCHEDULE

(Item 32)

1. GENERAL

1.1. Milestone dates identified herein shall become binding under the Contract. The Bidder represents that it will provide sufficient labor, material, supervision, equipment and other necessary resources to achieve the milestone dates.

2. SCHEDULE REQUIREMENTS

2.1. Bidders shall review the milestone schedule for Work included in the construction documents and advise, at bid time, of any severe discrepancies identified.

2.2. Bid Proposals shall be based on overall time duration provided in the milestone schedule for all construction activities.

2.3. Contractor will be required to submit monthly progress reports and updated schedules as directed.

2.4. Contractor shall review, check, approve and submit, in such sequence as to cause no delay in the Work or in the Work of the Owner or any separate General Contractor, all shop drawings, product data and samples required by the Contract Documents.

3. MILESTONE SCHEDULE

Board Award of Contract May, 2018

Start Construction July 2, 2018

Complete all Construction, Final Inspections January 15, 2019

Punch-List Complete February, 2019

Final Cleaning February, 2019

Owner Occupancy February, 2019

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