Drinking Fountains RFP- revised 11-30-2020 2.pdf

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Attached to
Replacements: Drinking fountains/water filling stations
Solicitation number
RFP SRS 210000000374 1
Issued by
Wayne County, Reading City, Michigan

About this file

This Request for Proposal (RFP) is issued by the South Redford School District in Michigan for the District Drinking Fountain Replacement Project. The District seeks qualified contractors to supply and install drinking fountains with bottle fillers that comply with ADA requirements, are lead-free, and meet specified material and operational standards across multiple school buildings. The project encompasses installations at Thurston High School, Pierce Middle School, Addams Elementary, Fisher Elementary, Jefferson Elementary, Vandenberg Elementary, and the South Redford Administrative Office. An optional pre-bid meeting and walkthrough is scheduled for December 9, 2020 at 9:00 a.m. at the District's main office located at 26141 Schoolcraft Road, Redford, Michigan. Sealed proposals are due by 3:00 p.m. on December 18, 2020 and must be submitted in two copies to Linda Earl, Business Manager. The Board of Education intends to present the recommended contractor for approval at its January 25, 2021 meeting, with notification to the winning contractor on January 26, 2021, and a completion deadline of March 31, 2021 for all installations.

Bidders must provide pricing on a lump-sum basis broken down by building location, with the option to omit specific locations if unable to accommodate all installations. The District will not necessarily award the contract to the lowest bidder but will select the lowest responsible bidder based on evaluation criteria including cost, adherence to specifications, relevant experience with K-12 public school facilities, qualifications of assigned staff, timeliness of service, responsiveness, and team compatibility. All bids must include a sworn and notarized familial disclosure statement in compliance with MCL 380.1267 and an Iran Economic Sanctions Act certification. Prior to work commencement, the selected contractor must provide a bid bond equal to five percent of total capital costs, and if the project exceeds $50,000, performance and payment bonds covering 100 percent of total costs are required. The contractor must also provide general liability insurance with limits as required by law or as reasonably required by the District, maintain coverage for a minimum of 12 months beyond completion, and provide a one-year warranty on all design, materials, and installation workmanship. All proposal preparation costs are the responsibility of the bidder and will not be reimbursed by the District.

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Other files

File Type Posted
Fisher Packet.pdf PDF
THS Packet.pdf PDF
Admin packet.pdf PDF
RFP attachment F floor plans wc.pdf PDF
Pierce Packet.pdf PDF
Jeffersonpacket.pdf PDF
Vandenberg packet.pdf PDF
Addams Packet.pdf PDF

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Text version

South Redford School District

REQUEST FOR PROPOSAL

FOR:

District Drinking Fountain Replacement Project

Proposals Due:

December 18, 2020

3:00 p.m. EST

OPTIONAL PROJECT WALKTHROUGH

PRE-BID MEETING

December 9, 2020 9:00 a.m.

OWNER/REPRESENTATIVE

Linda Earl

Business Manager

Linda.Earl@southredford.org

313-535-4000, ext. 1008

No emailed proposals will be accepted.

mailto:Linda.Earl@southredford.org

South Redford School District REQUEST FOR PROPOSAL

PART 1 -- GENERAL INSTRUCTIONS

A. Instructions

This Request for Proposal (“RFP”) is to provide interested drinking fountain suppliers with sufficient information to submit proposals for consideration by the South Redford School

District in connection with its need of Drinking Fountains with Bottle Fillers.

Favorable pricing will be one element of the selection process, but the experience of the firm, qualifications, experience and ability of assigned staff, completeness of the level of service proposed and timeliness of service proposed by the Bidder will be significant factors in award of this contract. Final decision on selection of the Bidder for this project will be determined by

South Redford School Board. The District reserves the right to reject any proposals or parts of proposals. The District also reserves the right to waive any irregularities, inconsistencies, or take what other action is appropriate as determined by the District to be in the best interest of the District.

Bid Specifications:

A. All fountains must comply with the following: (Attachment E)

i. Adult and Child ADA compliant.

ii. Lead free, adhering to ANSI/NSF 61, Section 9, ANSI A 117.1, Public Law 111-380 (NO-

LEAD) and American with Disabilities Act of 2010, as amended, requirements.

iii. Pushbutton operation shall require less than 5lbs of force.

iv. Solid stainless steel anti-rotation bottle filler spout.

v. Solid stainless steel anti-rotation drinking fountain bubbler

vi. Polished stainless steel bowl.

vii: Bids should include materials & install charges viii: Delivery and Installation must be completed asap in the current school year.

B. Proposal Submission

To be considered by the District, two (2) copies of the complete proposal must be received no later than 3:00 p.m., December 18, 2020. Proposals should be addressed to:

Linda Earl

Business Manager

26141 Schoolcraft Rd.

Redford, Michigan 48239

BID DUE DATE/LOCATION

Lump sum sealed Bids will be received at the Administration Office of:

Bids must be delivered no later than 3 PM, December 18, 2020

The front of the sealed bid envelope shall be clearly labeled as follows.

South Redford School District

26141 Schoolcraft Rd.

Redford, Michigan 148239

Attention: Linda Earl – Business Manager

South Redford School District Drinking Fountain Replace & Install

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

Each Bid must be accompanied by a sworn and notarized statement certifying that the Bidder is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act. The Board of Education of the School District will not consider or accept a Bid that does not include this sworn and notarized statement.

South Redford School District Board of Education reserves the right to accept or reject any and all Bids, either in whole or in part, to waive any informalities or irregularities therein, or to award the contract to other than the Bidder(s) submitting the best financial Bid (low Bidder), in its sole and absolute discretion, so long as in compliance with applicable competitive bidding laws.

Submitted proposals become the property of the District and will not be returned. Further, all submitted proposals become subject to the Freedom of Information Act, unless the District reasonably believes that Contractor satisfies exemption criteria and rejects disclosure on such basis.

C. Questions Concerning this RFP

Inquiries may be made to John Dunn at the address above, via telephone at (313) 535-4000 ext 1007, or via email at john.dunn@southredford.org. All such inquiries must be made no later than three (3) business days prior to the deadline for submission. Information about the

District is available during business hours (7:30 a.m. - 4 p.m.).

D. Optional Pre-Bid Meeting and Walk-through

An optional pre-bid meeting and walk-through will be held on Wednesday December 9, 2020 starting at 9:00 a.m. All interested parties should report to the South Redford School District main office located at 26141 Schoolcraft Road Redford, Michigan 48239. Mr. Dunn will answer any questions and then accompany interested parties to each building to review the requirements at each building. All interested parties must be accompanied by Mr. Dunn and no entry will be allowed without Mr. Dunn OR outside of the pre-bid meeting and building tours.

*******DUE TO COVID-19 RESTRICTIONS, FACE MASKS MUST BE WORN AT ALL TIMES.

E. Economy of Preparation

Proposals should be prepared simply, providing a concise description of the Contractor's ability to meet the requirements of this RFP. For areas where new fountains are being added and require either electric to be run, or a newly recessed location to be built, please indicate costs, or indicate that you are not bidding (omitting) that specific unit location. Please see

ATTACHMENT F for site maps; ATTACHMENT G for photos (with notes);

F. Prime Responsibilities

The selected Contractor will be required to assume responsibility for all services offered in the proposal, regardless of who actually provides such services and whether the selected Contractor utilizes separate consultants. The selected Contractor shall be the sole point of contact with regard to charges resulting from the contract.

G. Proposal Preparation Costs

All costs incurred for proposal preparation, site visitation and investigations, initial engineering analyses, presentations, or contract negotiation, are the responsibility of each respective

Contractor and will not be reimbursed by the District.

H. Acceptance of Proposal Contents

The contents of the proposal of the selected firm will become contractual obligations when a contract is issued, except with regard to particular contents which are rejected by the District.

Failure of the successful firm to abide by such obligations will result in cancellation of the award.

I. Proposed Project Schedule

A proposed project schedule to complete this work must be provided in the Contractor's scope of work. The District and all contractors recognize that this schedule may be modified by the

District, in its sole and reasonable discretion, to suit its particular needs.

J. Insurance Coverage

Prior to beginning work, the selected Contractor will be required to provide a copy of insurance certificates naming the district, for general Liability insurance, with limits of liability at least as required by law or reasonably required by the District. Any consultants or subcontractors of the

Contractor shall provide insurance coverage at least equal to that provided by the Contractor, and those consultants or subcontractors shall provide insurance certificates for general and professional liability coverages. Insurance must be occurrence-based, obtained prior to commencement of work, and maintained for a period of no less than 12 months beyond the date of completion. Certificates of insurance shall contain a provision that coverage afforded under the policies will not be canceled, reduced, or allowed to expire until at least 60 days’ prior written notice has been given to the District.

K. Taxes

The Proposal shall be deemed to include all applicable sales, use, excise and other taxes required by law. The District, upon request, will provide a properly executed tax exemption certificate, but the District makes no representation that a Contractor may utilize such information to avoid tax liability.

L. Payment Bonds

The Contractor shall be required to provide a bid bond in the minimum amount of five percent

(5%) of the total capital costs associated with the Proposal, in accordance with MCL 380.1267.

If performance bond are required by law (MCL 129.201, et seq for projects in excess of $50,000), then the selected contractor shall be required to provide performance and payment bonds covering 100% of the total capital costs associated with the Proposal. If performance bond are not required by law, the District may require such bonds upon written notice to the Contractor.

If notice is given prior to the bid deadline, the bond cost shall be deemed included within the bid price. If notice is given after the bid deadline, the bond cost shall be reimbursed to the

Contractor.

M. Waiver of Claims

The Contractor, by its submission of its proposal, releases the District and its Board members, administrators, employees and agents from any claims arising out of, and related to, the district’s process and the selection of a Contractor.

PART 2 -- PROPOSAL REVIEW AND SELECTION

PROCESS A. Time Frame for Contractor Selection

It is the intent of the District to select a contractor according to the following schedule:

November 30, 2020 Bid released via SIGMA and SRSD website

December 9, 2020 Pre-Bid Meeting & Walk-through

December 18, 2020 Deadline for bid submission

January 11, 2021 Presentation to the Board of Ed for review

January 25, 2025 Approval of winning bid at meeting of Board of Ed

January 26, 2021 Winning contractor notified

March 31, 2021 Deadline for completion of all installations

The District may modify or eliminate any portion of the above schedule in its sole discretion and to the extent consistent with law.

B. Review and Selection Process

The District reserves the right to reject any or all proposals that are determined not to be in the best interests of the District. The District will not necessarily select the lowest cost proposal, but will choose the lowest responsible bidder.

C. Evaluation Criteria

The District will evaluate Contractor's proposals based on cost and responsibility factors, including but not necessarily limited to the following:

Cost: The total cost for all services and as broken down among the various project elements. If a specific location is being excluded, please indicate on the bid.

Adherence to specifications: Conformance, in both content and presentation, to the parameters established in this request.

Relevant Experience: Contractor's relevant experience with the required work, particularly at K-12 public school facilities of comparable size and complexity.

Qualifications: Qualifications and experience of the Contractor's key staff to be assigned to the project.

Timeliness: The Contractor's ability to complete work specified in this RFP the timeline provided.

Responsiveness: The Contractor's ability to meet quickly with District officials, contractors, etc. when necessary.

Team Compatibility: The Contractor's ability to work with students, District employees, parents, community members, architectural firms, contractors, and governmental officials based on references and interviews.

It is understood that all labor and materials must be competitively bid and awarded. The District may consider a number of factors in determining a Contractor's "responsibility," and it is expressly understood that the District is not confined to the above-referenced list or any other information required or provided in response to this RFP.

D. Awarding of the Contract

Contract is not valid until officially approved by the District's Board of Education.

PART 3 – PROPOSAL DETAILS

I. CONTRACTOR INFORMATION

The following information will be considered by the District for the purpose of determining the Contractor's "responsibility" and present capability to perform the work. The District's determination is not limited to the information below or any other information required by this RFP.

Name of Firm: __________________________________________________

Year Established: ________________________________________________

Address: _______________________________________________________

Telephone Number: ______________________________________________

Facsimile Number: _______________________________________________

Contact Person Email Address: _____________________________________

A. Business Organization

1. Individual Partnership Corporation Other _

2. Identify the number of years the firm has provided the type of improvements required herein, and provide a brief history of the firm's experience with the required work.

3. List any subcontractors or sub-consultants outside your firm you propose using to provide services.

Number of Times

Firm Name City/State Specialty Affiliated With You

1.

2.

4. What is your General Liability Insurance coverage:

a. Total amount of protection provided.

b. Amount of deductible, if any.

c. Name, address, phone #, and contact person of Insurance Company.

5. What is your Professional Liability coverage, if any:

a. Total amount of protection provided.

b. Amount of deductible, if any.

c. Name, address, phone #, and contact person of Insurance Company.

II. PROJECT DESCRIPTION

A. The project requirements are as follows: (Please be as specific as possible.)

B. The Contractor shall provide a minimum one-year warranty on all design, materials and installation/workmanship from the date of final acceptance by the District. The

Contractor shall also provide an itemized statement of all warranties on specific products included in the Proposal.

C. The District will have one (1) main point of contract with the selected Contractor. The

District will not have separate contracts with trade contractors or sub-consultants as part of the Contractor's contract.

PART 4 – PROPOSAL SUMMARY

This proposal has been prepared to provide the District with all the information requested in the RFP. The undersigned certifies that the RFP has been carefully examined and that the proposal contained herein meets or exceeds the scope of services as outlined herein and that any items that have been deleted from and/or added to the requested scope of services

(including, but not limited to, the proposed contract language) are clearly noted as follows:

Signed this ____ day of ______________, 2021.

Firm Name: __________________________________________________________________

Address: __________________________________________________________________

Phone Number: __________________________ Fax Number: ________________________

If a corporation, indicated State of incorporation and affix seal.

Attest: ___________________________________________________________________

By: ___________________________________________________________________

Signature/Title

ATTACHMENT A

Familial Disclosure Statement

AFFIDAVIT OF ______________________________

(Insert name of affiant)

STATE OF MICHIGAN )

)ss COUNTY OF

___________________________________ makes this Affidavit under oath and states as follows:

(Insert name of affiant)

1. I am a/the:

a. President

b. Vice-President

c. Chief Executive Officer

d. Member

e. Partner

f. Owner

g. Other (please specify) ________________________ of (insert name of contractor)______________________________________, a bidder for water bottle installation services for South Redford School District.

2. I have personal knowledge and/or I have personally verified that the following are all of the familial relationships existing between the owner(s) and the employee(s) of the aforementioned contractor and the school district's superintendent and/or board members:

3. I have authority to bind the aforementioned contractor with the representations contained herein, and I am fully aware that the school district will rely on my representations in evaluating bids for the required services.

4. I declare the above information to be true to the best of my knowledge, information and belief. I could completely and accurately testify regarding the information contained in this affidavit if requested to do so.

(Signature of affiant)

Dated: ________________

Subscribed and sworn before me in _________________ County, Michigan, on the ___ day of _________________, 202____

____________________________________________(signature)

_____________________________________________ (printed)

Notary public, State of Michigan, County of ________________

My Commission expires on _____________________________

Acting in the County of ________________________________

ATTACHMENT B

Iran Economic Sanctions Act Certification

I am the (title)_____________________ of (bidder)__________________________________, or I am bidding in my individual capacity ("Bidder"), with authority to submit a binding bid for the District

Drinking Fountain Replacement Project at South Redford School District. I have personal knowledge of the matters described in this Certification, and I am familiar with the Iran Economic Sanctions Act, MCL

129.311, et seq. ("Act"). I am fully aware that the school district will rely on my representations in evaluating bids.

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

(Signature)

(Printed)

(Date)

ATTACHMENT C

OWNER/CONTRACTOR AGREEMENT

FOR

South Redford School District

This Owner/Contractor Agreement for replacing South Redford School District drinking fountains

(“Agreement”) is made this ____ day of _______________, 2020 by and between South Redford School

District, a Michigan general powers school district, organized and operated pursuant to the Michigan

Revised School Code, whose address is 26141 Schoolcraft, Redford, Michigan 48239 (hereinafter referred to as the “District” or "Owner"), and ________________________, a

Michigan ___________________, whose address is ______________________________________

(hereinafter referred to as “Contractor”), for the replacement of drinking fountains at South Redford

School District, including the purchase and installation of all equipment, as well as related service and support, training, maintenance and warranties related to same, all in accordance with the terms and conditions herein.

RECITALS

WHEREAS, the District desires the replacement of drinking fountains at South Redford School District, including all necessary labor and equipment, training and warranties as set forth in the District's Request for Proposal, dated October 7, 2020 ("RFP") and as otherwise approved by the District ("Project");

WHEREAS, Contractor is an entity which has represented to have the personnel, expertise, training, capacity and qualifications to perform the Project, and has responded to the RFP ("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 and Response, 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 Response are incorporated herein by reference as if fully restated herein. In the event of any inconsistency between or among the RFP, the Response, this Agreement or any other contract document, the provision that is more beneficial to the Owner shall be deemed to control.

SECTION 2 – DESCRIPTION OF SERVICES / RELATIONSHIP OF PARTIES

2.1 Contractor shall provide the services described in the documents identified in Section 1, as required by law, as may otherwise be subsequently agreed to by the parties in writing via change order, and/or as otherwise may be directed by the Owner via construction change directive when a change order cannot be timely agreed upon (“Services”).

2.2 Contractor agrees that the individuals assigned to provide Services under this Agreement will adhere to 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. Contractor further agrees that the equipment installed pursuant to this Agreement shall be new and of good working order.

2.3 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.

2.4 Contractor’s employees assigned to provide Services shall be fully certified, licensed and approved as necessary to lawfully perform the Services, and Contractor and its employees shall at all times comply with applicable statutes, laws, rules, regulations, and District policies.

2.5 Contractor is expected to coordinate the timing, location, and performance of Services with the District's Director of Business Services. The intent of this paragraph is not to direct the Contractor's work, but only to ensure the efficient and smooth performance of same in light of the District's ongoing operations. The Contractor shall cooperate and coordinate with other contractors performing work for the District, if any, to ensure a seamless and efficient installation of improvements.

SECTION 3 – FEES, INVOICE AND PAYMENT

3.1 In consideration of Services properly provided by Contractor 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 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.

3.3 Without regard to Section 3.2, 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, trustees 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 or intentionally wrongful act 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 be determined on a comparison basis, but shall equal the full amount of its degree of fault.

4.2 Contractor agrees to procure and maintain insurance coverage in types and amounts required by the RFP. 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.

SECTION 5 – EMPLOYEES AND SUBCONTRACTING

5.1 The District reserves the right to approve the identity of the Contractor's project director and any of its subcontractors. The District may further request the removal of any employee or subcontractor, which the Contractor shall promptly consider subject to its status as employer.

5.2 In the performance of the Agreement it may be necessary for Contractor to sublet part of the work to others. The Contractor will inform the District as to which subcontractors will be used.

Subcontractor use shall be subject to the approval of 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; however, the District shall be deemed a third party beneficiary of any agreement between the Contractor and a subcontractor. 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 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.

SECTION 6 – EQUAL EMPLOYMENT OPPORTUNITY

6.1 The Contractor agrees that it will not discriminate against any 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, due to race, color, religion, sex, national origin, pregnancy, age, height, weight, disability, marital status or veteran status. Breach of this Section shall be regarded as a material breach of this 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 – DISPUTE RESOLUTION

8.1 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.

8.2 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 in Monroe County

Mi). 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.

8.3 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.

8.4 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 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 9 – TAXES

9.1 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 10 – TRAINING

10.1 At no additional cost to the Owner, the Contractor shall provide basic training services for the use and maintenance of the improvements required herein. Additional training may be provided if, and to the extent, agreed by the parties.

SECTION 11 – WARRANTIES

11.1 In addition to any warranties applicable as a matter of law or agreed to by the parties, the

Contractor shall provide the following warranties at no additional cost to the Owner: (a) the Owner will have good title to the improvements and all materials and equipment incorporated into the work and, unless otherwise expressly agreed by the Owner, will be new; (b) the work and all materials and equipment incorporated into the Work will be free from all defects, including any defects in workmanship or materials; (c) the work and all equipment incorporated into the Work will be fit for the purpose for which they are intended; (d) the work and all materials and equipment incorporated into the Work will be merchantable; and (e) the Work and all materials and equipment incorporated into the

Work will conform in all respects to the Contract Documents.

11.2 In addition to, and not in substitution of, Section 13.1, the Contractor shall assign and forward to the District all applicable manufacturers' warranties for any equipment, software or materials relevant to the Project and Services.

SECTION 12 -- MISCELLANEOUS

12.1 Neither party shall assign this Agreement nor its rights and duties hereunder nor any interest herein without prior written consent from the other.

12.2 This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to the services contemplated.

12.3 None of the terms and provisions of this Agreement may be modified or amended in any way except by written amendment, change order, or construction change directive.

12.4 Failure by either party at any time to require performance by the other party or to claim breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach nor affect the validity and operation of this Agreement, nor prejudice either party with regard to any subsequent action to enforce the terms of this Agreement.

12.5 This Agreement shall be interpreted and enforced under the laws of the State of Michigan.

12.6 If any provision of this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected, impaired or prejudiced thereby.

12.7 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which constitute one and the same agreement.

12.8 Notwithstanding any provisions within the Contract Documents, nothing shall be deemed a waiver of any immunity granted to District by law or statute, including but not necessarily limited to, governmental immunity under MCL 691.1407.

12.9 It is hereby understood and agreed that no product and/or material containing asbestos including chrysolite, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any combination of these materials that have been chemically treated and/or altered shall be installed or introduced into the work by the Contractor or its employees, agents, Subcontractors, or other individuals or entities over whom the Contractor has control. If applicable, the Contractor shall be required to provide a signed certification statement ensuring that all products or materials installed or introduced into the Work will be asbestos-free.

SECTION 13 – AUTHORIZATION

13.1 The Agreement has been duly authorized, executed and delivered by the parties and constitutes a legal, valid and binding obligation upon each of them, enforceable in accordance with its terms. Each person placing his/her signature below represents and warrants that he/she is the signatory duly authorized to execute this Agreement on behalf of the District or Contractor, as is respectively applicable.

SOUTH REDFORD SCHOOL DISTRICT, ___________________________________,

By: _______________________________ By: _____________________________

Its: _______________________________ Its: _____________________________

Date: _____________________________ Date: ___________________________

ATTACHMENT D

BID SHEET

School name Cost by Building

Thurston HS

Pierce MS

Addams Elementary

Fisher Elementary

Jefferson Elementary

Vandenberg Elementary

South Redford Admin Office

Please list omitted Items by Building:

ATTACHMENT E

High- Low Example:

Elkay EZH2O Bottle Filling Station & Versatile Bi-Level ADA Cooler, Filtered 8 GPH Light Gray

Single Example:

Elkay EZH2O Bottle Filling Station with Single ADA Cooler, Filtered 8 GPH Light Gray

Elkay EZWSM8K In-Wall EZH2O Refrigerated Bottle Filling Station

File details come from the government source that posted it. Updated .