Classroom Renovation RFP 2023-12-21.pdf

Lakeview School District 15 Arbor Street

Battle Creek, MI 49015

Classroom Renovation

Summary of the Project

Lakeview School District would like to perform some major cosmetic and functional upgrades to the interior classroom walls of Lakeview High School, Riverside Elementary, and Westlake Elementary - approximately 91 classrooms in total. The purpose for this renovation was primarily driven to clear and prepare the front of each classroom wall for fixed-mounting 86” interactive flat panel monitors (hereby referred to as “IFP”) directly to the masonry wall in the center of the front classroom wall. In addition, the district would like to modernize the paint finish on the interior classroom walls, improve the accessibility of power receptacles, and replace the older whiteboards and cork boards with sturdy, magnetic whiteboards. It is the desire of Lakeview School District to combine these ambitions into a single coordinated project spanning across the summer months of 2024. A digital copy of this RFP with active hyperlinks can be accessed by scanning the QR code in the top left corner of this page.

The Project Will Involve, but not be Limited to :

Moving/Packing/Unpacking:

● Packing/moving supplies, equipment, and furniture out of the classroom to a location secure from dust and debris

● Packing/moving supplies, equipment, and furniture back into the classroom once renovation is complete

Abatement/Demolition and Cleanup:

● Removal of existing whiteboards, corkboards, chalkboards, molding or trim, or miscellaneous brackets/fixtures

● Full removal of asbestos-containing construction adhesive on the walls

● Cleanup of dust and/or debris as a result of the demolition

● There will be no removal of casework in any building

● Bid spec will be provided at the walkthrough

Painting/Smoothing/Refinishing:

● Removal or repair of any textures, obstacles, protrusions, or abrasions to wood trim, masonry wall, or drywall that would otherwise prevent a reasonably durable, flat, or smooth paint finish

● Application of long-lasting, durable paint finish with the colors determined by district administration

Whiteboard Installation:

● Lakeview School District will provide the whiteboards, but potential bidders will need to install them

● A range of 2 to 5 whiteboards will be installed per classroom, with 4 installations on average

● Exact placement of whiteboards will be determined per classroom by Lakeview School District

Electrical:

● Rerouting of low-voltage HVAC or speaker cabling, raceway and/or conduit

● Removal and/or rerouting of line-voltage cabling, raceway and/or conduit

● New installation and/or rerouting of line voltage circuits, concealed with conduit and/or raceway

● There will not be any installation or removal of Category 6 cabling required for this project

Instructions and Expectations for Potential Bidders

1. Walkthroughs will be held on Wednesday, December 20th, 2023 at 3:00 PM, beginning at Lakeview High School.

Priority will be given to bidders who attend the walkthrough to help ensure Lakeview School District and potential bidders have a good understanding of the project.

2. All sealed proposals must include a signed and completed bid response form, which can be found on page 25 .

Bidders may bid on as many or as few bid codes as they please.

3. The contract shall be as provided in the attached Form of Contractor Agreement, which can be found on page 29 .

The bidder shall be deemed to agree with the attached document in its entirety, except and to the extent the bidder specifically objects in writing to any provision therein and attaches the objection(s) as a separate document to its response to this RFP, along with a proposed alternative. The absence of any such written objection shall constitute an agreement to all proposed contract terms.

4. All sealed proposals must be submitted to Fred Harris, Director of Technology, Lakeview School District, 15 Arbor Street, Battle Creek, MI 49015, no later than 3:00 PM on Wednesday, January 17th, 2024. Any proposal received after that time will be returned unopened to the sender. Proposals will be opened in the District’s Administration Office at 15 Arbor Street, Battle Creek, Michigan at 3:00 P.M. on Wednesday, January 17th, 2024.

5. Post-bid interviews, by invitation only, may be conducted at the request of Lakeview School District.

6. Bid Security in the form of a certified check in the amount of 5% of the bid payable to Lakeview School District is acceptable bid security only for proposals less than $50,000. Bid Security in the form of bonds is required to be submitted with all proposals greater than $50,000.

7. 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, intermediate school board, or board of directors or the superintendent of the school district, intermediate superintendent of the intermediate school district, or chief executive officer of the public school academy. Additionally, bids shall be accompanied by an Iran Economic Sanctions Act Certification. The District will not accept a bid that does not include this sworn and notarized disclosure statement and certification.

8. All proposals will be opened at the day and time stated above. All proposals will be read aloud. Persons submitting proposals may attend, and will receive a list of companies who have submitted bids.

9. Although pricing of equipment and services is a factor in awarding bids, it is possible that the lowest bid will not be awarded the project or portions thereof. Other criteria will be considered as well, including, but not limited to the following:

a. Pricing

b. Prior experience, including past performance

c. Contract modification provisions (e.g., upgrade/downgrade, substitutions, voluntary extensions, etc.)

d. Products/services compatible with needs

e. Personnel qualifications

f. One vendor solution (for multiple equipment and services)

g. Location of vendor

10. The specifications or model numbers listed in this RFP are to be used as guidelines. Although specification changes may be permitted, the quality of the product or service requested must be based upon industry standards at time of delivery, and Lakeview School District requests that bidders provide explanations for any deviations or substitutions from the stated specifications within this document.

11. The District reserves the right to accept any or all parts of a submitted proposal.

12. It is possible that Lakeview School District will not be able purchase all of the items on the bid due to budgetary constraints, so we are requesting that all bids are itemized as much as reasonably possible.

13. All proposals shall be irrevocable for a period of sixty (60) days from the bid opening.

14. Prices shall be good for the length of the agreement from signing date through the completion of the project. If there might be any pricing ambiguity or uncertainty, bidders will need to clearly state that in their bid response.

15. All bids must be submitted with the understanding that a purchase commitment may not be finalized until a formal contract has been signed.

16. The bidder should be able to provide proof of any warranties if asked. All proposed equipment must be new and come with a complete manufacturer’s warranty.

17. Work is to start as soon as a date can be mutually agreed upon by Lakeview School School District and the bidder.

If the bid exceeds the state threshold of $28,048, Board approval will be required prior to the start of work. The Lakeview School District Board of Education meeting will be Monday, January 22nd, 2024 at 6:00 PM local time.

18. Any additional questions or requests for information should be directed to:

Fred Harris Frank Schumacher Director of Technology Director of Operations fharris@lakeviewspartans.org fschumacher@lakeviewspartans.org 15 Arbor Street 15 Arbor Street Battle Creek, MI 49015 Battle Creek, MI 49015

269.565.3999 269.565.3996

Addresses for Each School Building

Lakeview High School 15060 Helmer Road South, Battle Creek, MI 49015

Riverside Elementary School 650 Riverside Drive, Battle Creek, MI 49015

Westlake Elementary School 1184 24th Street South, Battle Creek, MI 49015

Building Maps and Room Photos

To view the hyperlinks below, you can obtain a digital copy of this document by scanning the QR code on page 1.

● Riverside Elementary Map

● Riverside Elementary Room Photos

● Westlake Elementary Map

● Westlake Elementary Room Photos

● Lakeview High School Map

● Lakeview High School Room Photos https://drive.google.com/file/d/1dpqxqeaWpq41FN5GzOeESvHY3P7NT7Eu/view?usp=sharing https://drive.google.com/drive/folders/1MZ4d2Z2d0bBixfPdNF5_Lp7Qd6ML4BIo https://drive.google.com/file/d/1px7jqEVpMWnyK3bMy1Z-OsTH8uL8ctV6/view?usp=sharing https://drive.google.com/drive/folders/1KzI8dXej_skUks8Gg4qxjasiBLuKI5qQ https://drive.google.com/file/d/1XOWU9dB3RPR4CPohZ6mAeJq59lMG7XJE/view?usp=sharing https://drive.google.com/drive/folders/1rAeFyKZ4vV8cO_NSITzNw5IRm3xG3VMV

Aerial View of the Surrounding Area

Timeline

The summer term for Lakeview School District begins at 12:00PM on Friday, May 31st with the last trade needing to wrap up no later than Monday, August 9th. It is possible that electrical work can begin prior to summer, perhaps during spring break, such as new conduit/raceway installation that does not impede the functionality of the classroom.

There may be some light packing that can be done during the week of May 28th, but abatement and demolition cannot begin until school is released for the summer and the respective classrooms have been secured from dust and debris.

Once a classroom is packed and/or protected from debris, abatement and demolition can take place. There will need to be coordination between the remaining trades, facilitated by Lakeview School District, to complete this project in a timely manner.

Specific Building Needs

Listed below are 3D renderings of an example classroom from each building with detailed needs specific to classrooms in that respective building. You can obtain the SketchUp drawings used in this document by clicking here .

Please keep in mind that these renderings are a general idea of what bidders will encounter in each classroom. There may be small to moderate differences in the various actual classrooms compared to what the renderings show. It is vital that potential bidders attend the walkthrough to avoid any confusion about the scope of the project.

https://drive.google.com/drive/folders/1JBNniTFZkB-s37v_Kbegc5hJihByiAuo?usp=sharing

Riverside Elementary - 22 Classrooms

650 Riverside Drive Battle Creek, MI 49015

Asbestos Disclaimer - Riverside Elementary has asbestos-containing construction adhesive securing the existing whiteboards and corkboards, as well as asbestos-containing adhesive securing the ceiling tiles.

Riverside elementary will require the following work to be coordinated and completed in the following order per classroom:

● Provide packing supplies, including boxes, tarps, labels, bubble wrap, etc.

● Move supplies, equipment, and furniture out of the way to allow space for trades and/or paint application

● Clear front, rear, and corridor walls of each classroom by performing the following as designated in the drawings:

○ Remove (abate) existing whiteboards and corkboards on all walls

○ Remove (abate) construction adhesive until the walls are flat and ready for priming/painting

○ Remove (demo) low voltage and line voltage raceway or conduit designated for removal

○ Remove (demo) tack strips on all walls

○ Cleanup of dust and debris from abatement

● Removal or repair of any obstacles, protrusions, or abrasions to masonry wall or drywall to prep for paint finish, as well as any sanding or other preparation necessary for applying a finish coat to vintage wood trim

● Apply finish coat of paint to all interior classroom walls and

● Apply finish coat of paint to all classroom ceiling tiles where necessary

● (Alternate) Apply finish coat of paint to the entirety of all classroom ceilings

● Install new whiteboards (whiteboards provided by Lakeview School District)

○ Exact measurement of whiteboard placement per classroom will be determined by Lakeview School District

● Install any raceway and/or conduit for low voltage and line voltage wiring

● Install or reroute new line voltage or low voltage circuits through newly-installed raceway or conduit

● Move equipment and furniture back into position in the classroom once renovation is complete

Listed below are the Riverside Elementary bid codes to be used on the bid response form, located on page 25 :

Bid Code Trade Description

RSM1 Moving and Packing Move furniture, provide boxes, tarps, labels, packing materials, etc.

RSA1 Abatement Whiteboard/corkboard/tile/adhesive removal, disposal, and cleanup

RSE1 Electrical Removal and installation of low voltage and line voltage cabling, raceway, and conduit

RSP1 Painting Patch and paint interior walls and touch up ceiling tiles where necessary

RSP2 Painting (Alternate) Apply full finish coat of paint on classroom ceilings

RSG1 General Trades Whiteboard installation, tack strip removal https://drive.google.com/file/d/1dpqxqeaWpq41FN5GzOeESvHY3P7NT7Eu/view?usp=sharing

Riverside Front Wall - Before

● Existing whiteboards and corkboards will need to be abated

● Ceiling tiles on the wall above the whiteboard will need to be abated

● Construction adhesive will need to be abated

● Line voltage and raceway to the ceiling projector will need to be removed

● Call button to paging system (seen on right side of the wall) will remain in tact and its raceway will be painted

● Existing category 5 cabling, ceiling projector, and projector screen will be removed by Lakeview School District

Riverside Front Wall - After

● New whiteboards will be mounted approximately 3 feet 9 ⅜ inches off-center of the center of the front wall

● Existing power receptacles will be replaced with new power receptacles

● Additional quad receptacles and raceway will be installed off-center behind the location of the IFP and in the corner closest to the exterior wall

● Category 6A conduit and cabling at the top of the wall, along the ceiling, behind the IFP, and to the right of the call button will be installed by Lakeview School District, unrelated to this project

● The paint colors shown on the masonry block and glazed tiles are not finalized, but they will need finish paint

● IFP’s will be installed by Lakeview School District

Riverside Corridor Wall - Before

● New casework with a dark brown finish was installed in 2022 that will not be touched in this project

● Existing whiteboards or corkboards will need to be abated

● Tack strips along the top of the wall will need to be removed by general trades

● Hand soap/sanitizer dispensers, paper towel dispensers, and clocks will be removed by Lakeview School District

● Vintage wooden entry door (or bathroom door in some cases) and door frame needs to be painted

● Any thermostat conduit or other conduit fixed-mounted to the wall needs to be painted the same color as the wall

○ Suspended conduit will not be painted

● Fire Alarm cabling needs to be shortened and/or concealed and/or painted the same color as the wall

Riverside Corridor Wall - After

● Masonry walls and glazed tile painted

● New whiteboard installed

● Fire alarm cabling shortened and concealed with raceway

● New light switches and cover plate

● Door and door frame painted

● Thermostat and motion sensor conduit and raceway painted

● Hand soap/sanitizer dispensers, paper towel dispensers, and clocks will be reinstalled by Lakeview School District

Riverside Rear Wall - Before

● New casework with a dark brown finish was installed in 2022 that will not be touched in this project

● Existing whiteboards or corkboards will need to be abated

● Hand soap/sanitizer dispensers, paper towel dispensers, and clocks will be removed by Lakeview School District

● Any thermostat conduit or other conduit fixed-mounted to the wall needs to be painted the same color as the wall

○ Suspended conduit will not be painted

Riverside Rear Wall - After

● Masonry walls and glazed tile painted

● New whiteboards installed

● New power receptacles and cover plates

● Door and door frame painted

● Hand soap/sanitizer dispensers, paper towel dispensers, and clocks will be reinstalled by Lakeview School District

Riverside Exterior Wall - Before

● Very little work will be done to most exterior walls, although some rooms may require the glazed tile to be painted

Riverside Exterior Wall - After

● Glazed tile painted

Westlake Elementary - 22 Classrooms

1184 24th Street South Battle Creek, MI 49015

Asbestos Disclaimer - Westlake Elementary has asbestos-containing construction adhesive securing the existing whiteboards and corkboards.

Westlake elementary will require the following work to be coordinated and completed in the following order per classroom:

● Provide packing supplies, including boxes, tarps, labels, bubble wrap, etc.

● Move supplies, equipment, and furniture out of the way to allow space for trades and/or paint application

● Clear front, rear, and corridor walls of each classroom by performing the following as designated in the drawings:

○ Remove (abate) existing whiteboards and corkboards on all walls

○ Remove (abate) construction adhesive until the walls are flat and ready for priming/painting

○ Remove (demo) low voltage and line voltage raceway or conduit designated for removal

○ Remove (demo) wood/tack strips on all walls

○ Cleanup of dust and debris from abatement

● Removal or repair of any obstacles, protrusions, or abrasions to masonry wall or drywall to prep for paint finish, as well as any sanding or other preparation necessary for applying a finish coat to vintage woodwork

● Apply finish coat of paint to all interior classroom walls

● Install new whiteboards (whiteboards provided by Lakeview School District)

○ Exact measurement of whiteboard placement per classroom will be determined by Lakeview School District

● Install any raceway and/or conduit for low voltage and line voltage wiring

● Install or reroute new line voltage or low voltage circuits through newly-installed raceway or conduit

● Move equipment and furniture back into position in the classroom once renovation is complete

Listed below are the Westlake Elementary bid codes to be used on the bid response form, located on page 25 :

Bid Code Trade Description

WLM1 Moving and Packing Move furniture, provide boxes, tarps, labels, packing materials, etc.

WLA1 Abatement Markerboard/corkboard//tile/adhesive removal, disposal, and cleanup

WLE1 Electrical Removal and installation of low voltage and line voltage cabling, raceway, and conduit

WLP1 Painting Patch and paint interior walls and touch up I-beams where necessary

WLG1 General Trades Whiteboard installation, tack strip removal https://drive.google.com/file/d/1px7jqEVpMWnyK3bMy1Z-OsTH8uL8ctV6/view?usp=sharing

Westlake Front Wall - Before

● Existing whiteboards and corkboards will need to be abated

● Wood strip secured to the wall above the whiteboard will need to be removed by general trades

● Construction adhesive will need to be abated

● Line voltage and raceway to the ceiling projector will need to be removed

● Existing category 5 cabling, ceiling projector, and projector screen will be removed by Lakeview School District

Westlake Front Wall - After

● New whiteboards will be mounted approximately 3 feet 9 ⅜ inches off-center of the center of the front wall

● Existing power receptacles will be replaced with new power receptacles

● Additional quad receptacles and raceway will be installed off-center behind the location of the IFP and in the corner closest to the exterior wall

● Category 6A raceway and cabling at the top of the wall, behind the IFP, and leading down the side of the wall will be installed by Lakeview School District, unrelated to this project

● The paint colors shown on the masonry block and glazed tiles are not finalized, but they will need finish paint

Westlake Corridor Wall - Before

● New casework with a dark brown finish was installed in 2022 that will not be touched in this project

● Hand soap/sanitizer dispensers, paper towel dispensers, and clocks will be removed by Lakeview School District

● Vintage wood needs to be painted, including any restroom doors and frames within the classroom

● Textured wall panel behind the counter space will need to be painted

Westlake Corridor Wall - After

● New casework with a dark brown finish was installed in 2022 that will not be touched in this project

● Wood panel walls and molding are painted

● Textured wall panel behind counter space painted

● New light switches and cover plate

● Doors and door frames painted

● Hand soap/sanitizer dispensers, paper towel dispensers, and clocks will be reinstalled by Lakeview School District

● Suspended conduit will not be painted

● Paging speaker painted the same color as the wall

Westlake Rear Wall - Before

● Existing whiteboards or corkboards will need to be abated

● Wood strip secured to the wall above the whiteboard will need to be removed

● Clocks will be removed by Lakeview School District

● Any thermostat conduit or other conduit fixed-mounted to the wall needs to be painted the same color as the wall

○ Suspended conduit will not be painted

Westlake Rear Wall - After

● Masonry walls and glazed tile painted

● New whiteboards installed

● New power receptacles and cover plates, with a quad receptacle in the corner closest to the exterior wall

● Power receptacles and raceway leading to the ceiling projector have been removed

● Door and door frame painted

● Clocks will be reinstalled by Lakeview School District

Westlake Exterior Wall - Before

● Very little, if any work, will be needed on the exterior wall

Westlake Exterior Wall - After

● Very little, if any work, will be needed on the exterior wall

Lakeview High School - 47 Classrooms

15060 Helmer Road South Battle Creek, MI 49015

Lakeview High School will require the following work to be coordinated and completed in the following order per classroom:

● Provide packing supplies, including boxes, tarps, labels, bubble wrap, etc.

● Move supplies, equipment, and furniture out of the way to allow space for trades and/or paint application

● Clear front, rear, and/or corridor walls of each classroom by performing the following:

○ Remove (intact) existing whiteboards from the front wall to be placed on other walls after painting is complete

○ Remove (intact) black metal strips intended for holding up hand held markerboards and return to owner

○ Cleanup of any dust and debris from whiteboard or metal strip removal

● Install raceway for line voltage wiring, with a quad receptacle, behind the location where the IFP will be going

● Apply finish coat of paint to all interior classroom walls and corkboards

● Install new whiteboards to the front wall (whiteboards provided by Lakeview School District)

○ Exact measurement of whiteboard placement per classroom will be determined by Lakeview School District

● Install whiteboards that were previously pulled from the front of the room and mount them to the other walls

● Move equipment and furniture back into position in the classroom once renovation is complete

Listed below are the Lakeview High School bid codes to be used on the bid response form, located on page 25 :

Bid Code Trade Description

HSM1 Moving and Packing Move furniture, provide boxes, tarps, labels, packing materials, etc.

HSE1 Electrical Relocation of electrical circuit from ceiling projector to behind IFP

HSP1 Painting Patch and paint interior walls

HSG1 General Trades Removal and relocation of existing whiteboards and installation of new whiteboards

High School Front Wall - Before

● Line voltage to the ceiling projector will need to be relocated

● Existing whiteboards need to be taken off the walls, intact, and relocated

● Block walls will need to be painted

High School Front Wall - After

● New whiteboards will be mounted approximately 3 feet 9 ⅜ inches off-center of the center of the front wall

● New whiteboards have been installed

High School Corridor Wall - Before

● Metal strips will need to be removed prior to whiteboard installation

● Hand soap/sanitizer dispensers will be removed by Lakeview School District

● Electrical cover plates do not need to be replaced

High School Corridor Wall - After

● Block wall has been painted

● Whiteboard has been installed using one of the whiteboards removed from the front wall

● Hand soap/sanitizer dispensers will be reinstalled by Lakeview School District

High School Rear Wall - Before

● Corkboard spanning across the entire wall needs to be painted

● Electrical cover plates do not need to be replaced

High School Rear Wall - After

● Block wall has been painted

● Corkboard spanning across the entire wall has been painted the same color as the wall

High School Exterior Wall - Before

● Metal strips will need to be removed prior to whiteboard installation (if any)

● Electrical cover plates do not need to be replaced

High School Exterior Wall - After

● Block wall has been painted

● Whiteboard has been installed using one of the whiteboards removed from the front wall

Request for Proposal Lakeview School District - Classroom Renovation

Bid Response Form

Company Name: ____________________________________________________________________________

Name of Sales Representative: ________________________________________________________________

Address Line 1: ____________________________________________________________________________

Address Line 2: ____________________________________________________________________________

Telephone Number: ____________________________________________________________________________

Fax Number: ____________________________________________________________________________

Listed below are the objectives (bid codes) that are available for bid. Each building has its own set of codes. On the next page, please indicate which bid codes you would like to bid on. You will need to define the units of measurement of your pricing (i.e. per hour, per classroom, per building, per wall, per installation, etc.), along with the pricing for that respective unit with an estimated timeline for completion for that unit of measurement. It is desirable to be as specific as reasonably possible for your unit definitions. If your bid code has multiple methods of per-unit pricing per bid code, please use as many instances of the same code as necessary to accommodate the total pricing of your bid.

Riverside Elementary Bid Code Trade Description

RSM1 Moving and Packing Move furniture, provide boxes, tarps, labels, packing materials, etc.

RSA1 Abatement Whiteboard/corkboard/tile/adhesive removal, disposal, and cleanup

RSE1 Electrical Removal and installation of low voltage and line voltage cabling, raceway, and conduit

RSP1 Painting Patch and paint interior walls and touch up ceiling tiles where necessary

RSP2 Painting (Alternate) Apply full finish coat of paint on classroom ceilings

RSG1 General Trades Whiteboard installation, tack strip removal

Westlake Elementary Bid Code Trade Description

WLM1 Moving and Packing Move furniture, provide boxes, tarps, labels, packing materials, etc.

WLA1 Abatement Markerboard/corkboard//tile/adhesive removal, disposal, and cleanup

WLE1 Electrical Removal and installation of low voltage and line voltage cabling, raceway, and conduit

WLP1 Painting Patch and paint interior walls and touch up I-beams where necessary

WLG1 General Trades Whiteboard installation, tack strip removal

Lakeview High School Bid Code Trade Description

HSM1 Moving and Packing Move furniture, provide boxes, tarps, labels, packing materials, etc.

HSE1 Electrical Relocation of electrical circuit from ceiling projector to behind IFP

HSP1 Painting Patch and paint interior walls

HSG1 General Trades Removal and relocation of existing whiteboards and installation of new whiteboards

Riverside Elementary Bid Code Completion Time Unit of Measurement Per Unit Pricing Total Units Total Price

Westlake Elementary Bid Code Completion Time Unit of Measurement Per Unit Pricing Total Units Total Price

Lakeview High School Bid Code Completion Time Unit of Measurement Per Unit Pricing Total Units Total Price

In the text field below, please include any additional details about how change orders will be dealt with, including information such hourly rates, material costs, time to completion, etc., along with any other pertinent information.

In addition, if you are bidding on this project in such a way that the above tables do not align with or cannot accommodate, or you would like to suggest an alternate solution, please provide an explanation of how you intend to bid below, including pricing and time to completion:

Signature of Authorized Sales Representative Date

Familial Disclosure Affidavit

The undersigned, the owner or authorized officer of the below-named contractor (the “Contractor”), pursuant to the familial disclosure requirement provided in the Lakeview School District’s (the “School District”) Invitation to Bid for Elementary Data Cabling Demo and Install, hereby represents and warrants that, except as provided below, no familial relationships exist between the owner or any employee of the Contractor, and any member of the Board of Education of the School District or the Superintendent of the School District. A list of the School District’s Board of Education Members and its Superintendent may be found at www.lakeviewspartans.org.

List any Familial Relationships:

Contractor:

Print Name of Contractor

By: ______________________________________________________________________

Its: ______________________________________________________________________

Date: ______________________________________________________________________

State of ____________________________ ) ) ss.

County of____ _______________________ )

This instrument was acknowledged before me on the _______ day of ________________________, 202__, by __________________________________________________________________________________________.

________________________________________________________________, Notary Public

_________________________________________ County, ___________________________

My Commission Expires: ____________________________________________________

Acting in the County of: ____________________________________________________

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 Lakeview School District’s (the “School District”) Invitation to Bid for Elementary Data Cabling Demo and Install (the “ITB”), 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 a result of the aforementioned ITB, the Contractor will not become an “Iran linked business” at any time during the course of performing and 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 two (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 that it is determined that the person has submitted the false certification.

CONTRACTOR:

Print Name of Contractor

By: ____________________________________________________

Its: ____________________________________________________

Date: ____________________________________________________

STATE OF ___________________________________ )

)ss.

COUNTY OF ___________________________________ )

This instrument was acknowledged before me on the _________day of ________________________, 202__, by: ____________________________________________________________________________________

_________________________________________, Notary Public

________________________________ County, _________________

My Commission Expires: ___________________________________

Acting in the County of: ___________________________________

FORM OF CONTRACTOR AGREEMENT

This Contractor Agreement (“Agreement”) is made this ___ day of __________________, 2024 by and between Lakeview School District, a Michigan general powers school district, organized and operated pursuant to the Michigan Revised School Code, MCL 380.1, et seq., as amended, whose address is 15 Arbor Street, Battle Creek, Michigan 49015 (hereinafter referred to as the “District” or "Owner"), and __________________________, a Michigan Company, whose address is ___________________________, (hereinafter referred to as “Contractor”), for ____________________ services in accordance with the terms and conditions herein.

RECITALS

WHEREAS, the District desires to obtain _________________________ services in accordance with the approved plans and specifications, the District’s budget, and as otherwise approved by the District ("Project");

WHEREAS, the District, by Request for Proposal dated December __, 2023 ("RFP"), sought proposals for the Project;

WHEREAS, Contractor is an entity which has represented to have the personnel, expertise, training, capacity and qualifications to timely and satisfactorily perform the Project contemplated in the RFP, and has responded to the RFP with a proposal dated _______________, 202_ (District-accepted portions of the proposal are referred to herein as the "Response"); and

WHEREAS, the District and Contractor desire to enter into this Agreement to authorize and require the Contractor to perform the obligations identified in the RFP, Response, contract documents and any other duties identified herein.

NOW THEREFORE, in consideration of the mutual promises and benefits contained herein, the parties agree as follows:

SECTION 1 – INCORPORATION OF DOCUMENTS

1.1 The RFP and the Response are incorporated herein by reference as if fully restated herein. In the event of any inconsistency or ambiguity within, between or among the RFP, the Response, the Project Specifications, the Project Manual, this Agreement or any other contract document (collectively, the “Contract Documents”), the provision that is more beneficial to the Owner (as determined in the Owner's sole discretion) shall be deemed to control.

SECTION 2 – DESCRIPTION OF SERVICES / RELATIONSHIP OF PARTIES

2.1 Contractor shall provide the services described in the Contract Documents, in Exhibit A’s scope of services, attached hereto, as required by law, as may otherwise be subsequently agreed to by the parties in writing via amendment, and any related and incidental services necessary to properly and timely complete the Project (“Services”).

2.2 Contractor agrees that the individuals assigned to provide Services under this Agreement, whether by Contractor directly or authorized subcontractors, consultants, or agents, will adhere to applicable professional standards and will perform all Services in a manner consistent with generally accepted proficiency and competency for the type and nature of work rendered.

2.3 Services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Contractor shall submit for the Owner’s approval a schedule for the performance of Services which shall not exceed time frames required by the Contract Documents except as such time frames may be properly extended therein.

2.4 In the performance of Services under this Agreement, Contractor (its agents, subcontractors and employees) shall be regarded at all times as performing services as an independent contractor of the District. Contractor shall be regarded, designated and considered to be the employer with respect to all individuals whom Contractor may select and assign to provide Services under this Agreement.

2.5 Contractor shall follow the highest standards of its profession in performing all Services under this Agreement.

Contractor’s employees assigned to provide Services shall be fully certified, licensed and approved as necessary to lawfully perform the Services. Contractor and its employees shall at all times comply with applicable federal, state and local laws, rules, regulations and policies, including but not limited to the Revised School Code, the School Building Construction Act, the Iran Economic Sanctions Act, the Michigan Occupational Safety and Health Act, the Asbestos Abatement Contractors Licensing Act, the Asbestos Workers Accreditation Act, the OSHA Asbestos Standard for Construction, the Asbestos Hazard Emergency Response Act, National Emission Standard for Hazardous Air Pollutants, and applicable board policies of the Owner.

2.6 Contractor is expected to coordinate the timing, location, and performance of Services with the District, the District’s Designated Representative, and/or any other District administrator identified to the Contractor in writing. The intent of this paragraph is not to direct the Contractor's work, but only to ensure the efficient and smooth performance of the same in light of the District's ongoing operations. The Contractor shall cooperate and coordinate with any other contractors working on the District's overall project to ensure a seamless and efficient installation of improvements.

2.7 In the performance of Services under this Agreement, Contractor (its agents, subcontractors and employees) shall be regarded at all times as performing services as an independent contractor of the District. Within the meaning of all applicable federal, state and local laws, including but not limited to, employment taxes, income taxes, labor relations acts, employment discrimination laws, minimum wage and overtime laws, and workers' compensation laws (collectively, the "Employment Laws"), Contractor is and shall be deemed to be the sole employer of all personnel used to provide services on behalf of Contractor pursuant to this Agreement (the "Contractor Personnel"), and its relationship with the Owner shall be deemed to be that of an independent contractor and not that principal and agent, servant, or employer and employee. As the employer of the Contractor Personnel, Contractor shall: (a) have the power to hire, discipline, recruit, train and terminate Contractor Personnel; (b) instruct the Contractor Personnel on when, where and how to perform their duties: (c) determine the amount of frequency of wage, benefit, salary, bonus and other payments to Contractor Personnel; (d) determine and pay the amount, if any, of reimbursement for business and/or traveling expenses of Contractor Personnel; (e) pay and file with all appropriate governmental entities all necessary payroll information, taxes and deductions, including but not limited to, federal, state and local income taxes, social security taxes, and unemployment taxes; (f) comply with the Employment laws; and (g) pay any and all workers' compensation and other insurance costs and premiums applicable to employers.

2.8 The District’s Designated Representative for the Project is _________________________ . The District’s Designated Representative, and any other individual or entity authorized by the District’s Board of Education, shall have the right to review and inspect the Contractor’s services, work, records, documents, reports, insurance policies, estimates, memoranda, analyses, activities, and any other matter related to the Contractor’s performance of Services.

Any documents officially submitted by the Contractor related to this Project shall be reviewed and approved by the District’s Designated Representative and any other individual or entity authorized by the District’s Board of Education.

2.9 From the moment of creation and regardless of the stage of completion, the District shall be deemed the owner of any documents or instruments of service created by Contractor and used in the performance of Services. Any documents retained by Contractor shall be maintained for no less than six (6) years from the date services are completed.

SECTION 3 – FEES, INVOICE AND PAYMENT

3.1 In consideration of Contractor’s full and proper performance of all Services under this Agreement, the District will pay to Contractor ________________________ Dollars ($___________), which amount is consistent with the Contractor's bid amount and any accepted alternates.

3.2 Any significant increase in the scope of work required by this Agreement may be subject to an additional fee if

(i) required for the Project, (b) the Owner authorizes the performance of the same in writing prior to Contractor’s provision of any such service, including the applicable cost for such work, and (c) Contractor provides a good faith estimate of the cost of the same prior to the Owner’s authorization, including, as applicable pricing in accordance with unit costs set forth in the Contract Documents. The Owner shall not be obligated to pay for any additional services in the absence of the foregoing.

3.3 Invoices shall be submitted no more frequently than monthly and shall coincide with the value of work performed. The District will remit payment on undisputed invoices or undisputed portions of invoices within thirty (30) days of receiving the invoice, but in no event shall a payment be made if such payment will result in the Contractor receiving an amount that exceeds the value of services performed to date. Notwithstanding the foregoing, District shall have no obligation to make any payments until Contractor provides all insurances required by this Agreement.

3.4 Without regard to Section 3.3, the District shall be entitled to retain ten percent (10%) of any amounts paid until the Contractor has successfully and finally completed its Services.

SECTION 4 – INDEMNIFICATION AND INSURANCE

4.1 Contractor shall indemnify and hold the District (and its officers, board members, employees, and agents) harmless from and against all liabilities, damages, fines, penalties, demands, forfeitures, claims, suits, causes of action or any other liabilities or losses, including all costs of defense, settlement and prosecution along with attorney, expert and other professional fees, arising out of or related to any negligence, wrongful act or breach of this Agreement or the obligation of Contractor or any of its employees or others for whom it is responsible in connection with the performance or non-performance of the Agreement. Contractor's indemnification responsibility shall equal the full amount of its degree of fault.

4.2 Contractor agrees to procure and maintain general liability, errors and omissions, and workers’ compensation insurance coverage in types and amounts reasonably required by the District and by law. If not already provided, Contractor agrees to provide the District certificates of insurance evidencing such coverage prior to commencing any Services. Insurance shall be obtained and maintained from an insurance company licensed to sell insurance in the State of Michigan with an A+ A.M. Best rating, or equivalent. Insurance coverages shall not be reduced or eliminated without at least sixty (60) days prior written notice to the District.

4.3 Contractor's insurances shall be obtained (and provided to the District’s Designated Representative) prior to the commencement of Services, and shall be maintained either: (a) if occurrence-based, for at least one year following final completion, and/or (b) if claims-made, for at least seven years following final completion. The District shall be identified as an additional insured on all applicable insurances. Contractor’s insurance shall be primary and not contributory.

4.4 Contractor shall provide performance and payment bonds equal to 100% of the Contract Sum identified in Section 3 and otherwise in accordance with applicable laws, including but not necessarily limited to MCL 129.201, et seq.

SECTION 5 – EMPLOYEES AND SUBCONTRACTING

5.1 The District reserves the right to approve the identity of representatives and employees of the Contractor and any subcontractors. The District shall have the right to request removal of any employee of the Contractor or any subcontractor from the project at the District’s direction, and Contractor will remove or relocate such individual(s) upon 2 weeks' notice, subject to Contractor's status as employer.

5.2 Contractor shall not use subcontractors without the District’s prior written consent. If Contractor desires to use a subcontractor, it will notify the District in writing, including the name, scope of work, and any other information requested by the District. The Contractor will be fully responsible to the District for the acts and omissions of subcontractors and of all persons whether directly or indirectly employed by the Contractor. Nothing in this Agreement shall create any contractual relationship between any subcontractor and the District. The Contractor shall not assign, transfer, convey, or otherwise dispose of the Agreement, or any part thereof, or the Contractor’s right, title, or interest in the same without the prior written consent of the District. The Contractor shall not assign any of the monies due or to become due and payable under the Agreement without prior written consent of the District.

5.3 The Contractor shall not hire any District employee to perform Services without the District’s prior written consent, which may be provided or withheld in the District’s sole discretion.

SECTION 6 – NONDISCRIMINATION

6.1 Contractor shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, weight, or marital status and other employment matters described by Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352. Breach of this covenant may be regarded as a material breach of the agreement.

SECTION 7 – OWNER’S RIGHT TO CORRECT DEFICIENCIES

7.1 If the Contractor shall neglect to perform the work properly, or should it refuse to remedy any defects in the work due to inferior quality or workmanship or material, or should it in any manner fail to perform any provision of the Agreement, the District, after 7 days' notice to the Contractor, may correct such deficiencies at Contractor’s cost and may deduct the cost thereof from any payment due the Contractor. The remedy described in this section is not exclusive and shall have no effect on the Owner’s ability to seek recovery for, among others, breach of contract, breach of warranty, and/or performance bond claims.

SECTION 8 – TIME FOR PERFORMANCE

8.1 Time is of the essence of this Agreement. The Contractor acknowledges and agrees that the performance of Services shall commence on or before _______________, 202_ and shall be finally and sufficiently completed on or before _______________, 202_. For any alleged delay in performance caused by the District, the Contractor’s sole remedy shall be an extension in the deadline for performance.

SECTION 9 – DISPUTE RESOLUTION

9.1 The parties shall first attempt to resolve disputes through non-binding mediation. Any claim or dispute not resolved by non-binding mediation shall be subject to litigation in accordance with Michigan law.

9.2 A demand for mediation may be filed along with a complaint in litigation, but the process of non-binding mediation shall proceed first (so long as permitted by the applicable court). Any demand for mediation filed prior to a complaint in litigation shall toll the statute of limitations for all applicable claims until the mediation process has been completed, successfully or unsuccessfully.

9.3 In the event of any mediation arising out of or relating to this Agreement, Owner reserves the right to require that the mediation hearing be conducted in the general area where the Owner’s principal place of business is located.

Any agreements reached in mediation shall be binding in accordance with law.

9.4 The Owner reserves the right in its discretion to require consolidation or joinder of any dispute arising out of or relating to this Agreement which another mediation or arbitration involving a person or entity not a party to this Agreement, in the event the Owner believes such consolidation or joinder is necessary in order to resolve a dispute or avoid duplication of time, expense or effort.

9.5 The Contractor shall include similar dispute resolution provisions in all agreements with subcontractors, sub-consultants, suppliers, or fabricators so retained, thereby providing for a consistent method of dispute resolution between the parties to those agreements.

9.6 As a condition precedent to any claim or cause of action brought by the Contractor against the District, the Contractor shall notify the District in writing of any contractual or other dispute within 21 days of becoming aware of the same. The failure to timely provide such notice shall be an irrevocable waiver of any claim or cause of action.

Claims and causes of action by the District shall be subject to the applicable statute of limitations under Michigan law, but in no event shall a claim by the District be deemed untimely if filed within six (6) years of final completion of the Services.

SECTION 10 – TAXES

10.1 The Contractor acknowledges that the District is a tax-exempt entity and any taxes incurred pursuant to performance of this Agreement, including but not necessarily limited to sales and use taxes, shall be the sole responsibility of Contractor.

SECTION 11 – TRAINING

11.1 The Contractor shall provide the following training services at no additional cost to the Owner:

SECTION 12 – SERVICE / MAINTENANCE

12.1 The Contractor shall provide the following service and maintenance at no additional cost to…