IFB 26.0001 ALLEN ELEMENTARY BOILER REPLACEMENT.docx

IFB 26.0001 ALLEN ELEMENTARY BOILER REPLACEMENT

INVITATION FOR BID

ALLEN ELEMENTARY BOILER REPLACEMENT

IFB 26.0001

Release Date: 07/10/2025 Due Date: 07/24/2025 Procurement Contact: Ruth Stagner

INVITATION FOR BID

IFB 26.0001 ALLEN ELEMENTARY

BOILER REPLACEMENT

SECTION I: INSTRUCTIONS TO BIDDERS

The Board of Education of Ann Arbor Public Schools which is accepting bids for IFB 26.0001 – ALLEN ELEMENTARY BOILER REPLACEMENT in accordance with the attached specifications.

1. BID SCHEDULE

Pre-bid meeting (IN PERSON July 16, 2025 at 1:00 PM Responses to questions to be posted to Bidnetdirect.comBuildingConnected July 18, 2025 BY 5:00 PM Bid due date (Shall be on-line only Bidnetdirect.comBuildingConnected) July 24, 2025 by 2:00 PM Bid opening (video conference via Zoom July 24, 2025 at 2:030 PM

2. PRE-BID MEETING

A pre-bid meeting shall be held July 16, 2025 at 1:00 PM

An in-person pre-bid meeting shall be held July 17, 2025 at 2560 Towner Boulevard, Ann Arbor, Michigan 48104. Meet at the school front entrance promptly by 1:00 PM.

The purpose of this meeting is to discuss the project, answer any questions concerning IFB and to walk through the facilities. It is strongly suggested that each interested party call into this meeting.

3. BID SUBMITTAL

Bid shall only be accepted on-line via .bBidnetdirect.com by Date and time provided in bid schedule. The district shall not accept bids submitted via mail (hardcopy), oral, emailed or faxed. Late bids will not be accepted.

It is the sole responsibility of the bidder to ensure all of their bid documents are uploaded before the closing date and time specified. The district is not responsible for any bid uploading issues in Bidnetdirect.comBuildingconnected.com.

4. PUBLIC BID OPENING

Bids will be opened and read aloud on July 24th at 2:030 PM using Zoom Meeting video conference. To join the public bid opening use the following information:

Ann Arbor Public Schools is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting https://a2schools.zoom.us/j/85270186970 Dial by your location

• +1 646 876 9923 US (New York)

• +1 312 626 6799 US (Chicago) Find your local number: https://a2schools.zoom.us/u/kcRCzRuTEY

5. LATE BIDS

Late bids will not be accepted. All late Bids will be rejected and destroyed after ten (10) days.

6. DISCREPANCY

In the event there is a price discrepancy between a unit price and/or base bid entered in buildingconnected.comBidnetdirect.com compared to the uploaded Bid form unit price and/or base bid, the bid form unit price and/or base bid supersedes the amount entered in Bidnetdirect.combuildingconnected.com.

7. DISCLOSURE STATEMENT

In compliance with MCL 380.1267 a sworn and notarized statement disclosing any familial relationships that exist between the contractor or any employee of the contractor and any member of the Ann Arbor Public Schools Board or the Ann Arbor Public Schools Superintendent. Bids without a sworn and notarized disclosure statement shall not be accepted.

8. ADDENDA

All clarification questions pertaining to this IFB shall be submitted in writing via BuildingConnected by date and time specified in IFB Bid Schedule. Questions and answers will be posted to Bidnetdirect.comBuildingConnected.com. Bidders who do not comply may be disqualified.

9. RESPONSIBILITY

It is the bidder’s responsibility to check for any changes, posted questions and answers, and/or addenda to this solicitation. Bidders are responsible for checking www.buildingconnected.comBidnetdirect.com. website prior to bid submission. Bidders who do not acknowledge addenda within their bid response may be disqualified from the bidding process.

Contractors are required to acknowledge all addenda in their bid, which they have received. The failure to receive or acknowledge receipt of any addenda may result in rejection of the Contractor’s bid as being non-responsive.

10. BACKGROUND & PHILOSOPHY

Ann Arbor Public Schools (AAPS) was founded in 1905 and it serves the City of Ann Arbor and eight surrounding townships covering 125 square miles. AAPS educates approximately 16,815 students in 32 schools and one on-line academy. AAPS is proud of our diverse student body representing 85 counties and 64 different languages. AAPS is an autonomous, tax-supported public-school district governed by Michigan General School Laws.

The district, supported by the AAPS Board of Education, has a practice and philosophy of encouraging, cultivating and working with contractors who pay fair wages, have diverse and historically underrepresented ownership (HUB), are locally based, and have the professional expertise that has been traditionally found in companies employing union-trained workers and those that have a track record of excellence. We also affirm the importance of the fiscal stewardship required when managing public monies on behalf of our students, and prioritize placing those resources closest to our educational mission.

11. VERBAL REPRESENTATION

Bids shall contain in writing all the terms and conditions of the offer being made. Verbal representations made before or after bids are submitted will not be considered unless they are made in answer to questions asked by the district or its representatives and are followed up in writing.

12. EXCEPTIONS

Bids shall meet or exceed all specifications herein. Any and all deviations from specifications shall be clearly detailed in the exception to bid specification form provided in Section IV of the IFB; otherwise, it will be considered that items offered are in strict compliance with the specifications, and the successful bidder will be held responsible thereof.

13. BID FORMS

The contractor shall utilize and complete fully the bid forms as supplied in the IFB. If bid forms are altered, contractor could be disqualified. In the event there is a discrepancy in price provided on the bid form between the numerical and written amount, the written amount will prevail.

14. CONTRACTOR QUESTION FORM

Each bidder is required to respond to the questions where specified. The Contractor can attach documentation to support their answers. Responses shall be concise and stand on their own. The quality of the response to the IFB will be viewed as an example of the contractor’s capabilities.

15. COMMUNICATION WITH ANN ARBOR PUBLIC SCHOOLS’ STAFF

Any and all communication shall go through the procurement contact listed in IFB. If a bidder works with Ann Arbor Public Schools staff on other projects and shall communicate with an individual that is involved with this IFB, the bidder shall contact the procurement contact for approval. Failure to comply with this may be grounds for disqualification.

16. IRREVOCABILITY OF BIDS

All bids submitted shall not be withdrawn and shall be irrevocable for a minimum period of ninety (90) calendar days following the due date for receipt of bids set forth above. A bidder may withdraw their bid at any time prior to the bid due date and time.

17. PROPRIETARY CONFIDENTIAL INFORMATION

Any proprietary or confidential material (financial statements, etc.) that was submitted by a bidder and is clearly marked as such will be returned upon request. Marking the entire bid as confidential will not be accepted or honored. Remaining non-confidential material in the bid, including proposed costs and compensation, will be maintained for the official files and will be subject to the Freedom of Information Act, MCL 15.231 et. Seq.

18. BID COSTS

Ann Arbor Public Schools shall not be responsible for any cost or expense the bidder incurs during the preparation or award of this bid.

19. MISREPRESENTATIONS

If it is discovered, prior to an award, that a bid contains false, misleading, or otherwise inaccurate information, the bid will immediately be disqualified. If it is discovered, after a contract has been executed, that the contractor had provided false, misleading, or otherwise inaccurate information, the contract may be terminated.

20. BIDDER INTERVIEWS AND DEMONSTRATIONS

Ann Arbor Public Schools may, at its option, elect to conduct interviews and/or demonstrations with selected bidders, or request to visit the bidder’s site for bidders that are under active consideration. Ann Arbor Public Schools is not required to hold such presentations and is not obligated to provide all bidders with such an opportunity.

21. SOLE BIDDER

If only one bid is received in response to the IFB, the district reserves the right to extend the due date prior to the bid due date/time or require a detailed cost analysis from said contractor. A cost/price analysis and evaluation shall be performed to determine if the price is fair and reasonable. If the price is deemed unfair or unreasonable the district has the sole discretion to rebid IFB.

22. TIE BIDS

If there is a tie between two (2) or more responsive and responsible bids, the award of the contract will be determined by a drawing or any other random choice of manner. The drawing shall be witnesses by two (2) employees of the district. The method and result of determining the successful bidder shall be maintained within bid procurement file.

SECTION II: GENERAL TERMS & CONDITIONS

1. CONTRACTOR STATUS

Contractor is retained by Ann Arbor Public Schools only for the purposes and to the extent set forth in this contract. Contractor’s relation to Ann Arbor Public Schools shall only be that of an independent contractor. Both parties understand and agree that this contract is not intended and shall not be construed to create an employment relationship between district and contractor, its officers, employees, or agents.

Contractor shall at no time represent itself to be an employee or agent of Ann Arbor Public Schools and shall not be considered as having employee status or being entitled to participate in any plans, arrangements or distributions of Ann Arbor Public Schools pertaining to or in connection with any fringe, pension, workers’ compensation, unemployment or similar benefits for Ann Arbor School’s employees.

Contractor shall retain sole and absolute discretion in the methods and means of carrying out contractor’s Activities and responsibilities under this contract, except to the extent specified in this contract.

2. CONFLICT OF INTEREST

Ann Arbor Public Schools will not enter into a contract to furnish materials or services to Ann Arbor Public Schools where a board member or any Ann Arbor Schools employees, administrator, building administrator, or employee involved in the contracting process has a substantial interest in the proposed contract except as provided in MCL380.1203 of the Revised School Code. A “substantial conflict of interest” means a conflict of interest on the part of a school board member or school district administrator in respect to a contract with the school district that is of such substance as to induce action on his or her part to promote the contract for his or her own benefit. Disclosure of all such interests shall be made. Every contract entered into by Ann Arbor Public Schools shall contain a provision to the effect that if subsequent to entering into the contract an Ann Arbor Public Schools Board member, administrator, building administrator or employee involved in the contracting process shall develop a substantial interest in the contract, Ann Arbor Public Schools shall have the right to terminate the contract without further liability if the disqualification has not been removed within thirty (30) days after Ann Arbor Public Schools provides notice of the disqualifying interest.

3. MICHIGAN SCHOOL SAFETY LEGISLATION (If applicable, see special terms section) The contractor understands this agreement could be subjected to 2006 PA 680 and as such the contractor, its employees and subcontractors of any degree, shall present themselves for fingerprinting upon execution of this agreement so that Ann Arbor Public Schools is able to request from the Criminal Records Division of the Department of State Police (1) a criminal history check and (2) a criminal records check through the Federal Bureau of Investigation and receive from the Department of State Police reports concerning the same. The contractor shall pay the cost of each criminal check performed related to this agreement. Neither the contractor nor subcontractor thereof of any degree shall assign any individual, and Ann Arbor Public Schools shall not allow any individual, to regularly and continuously work under contract in any of its schools or in the schools of a constituent district that is being served by the contractor pursuant to this agreement if the reports on an individual's criminal history or criminal records check have not been received or if those checks would disclose or do disclose that individual has been convicted of a "listed offense" as that term is defined in Section 2 of the Sex Offenders Registration Act, 1994 PA 295, as amended, or which disclose that individual has been convicted of a felony other than a "listed offense" unless the Superintendent and the Board of Ann Arbor Public Schools each specifically approve of the work assignment in writing.

Any personnel of the contractor or of the subcontractors thereof of any degree that have been charged with any of the referenced crimes referenced in 2006 PA 680 shall immediately report that circumstance to Ann Arbor Public Schools superintendent and shall not be permitted to work in any of the District’s schools or schools of the constituent districts served pursuant to this contract during the pendency of the prosecution associated with such charge(s). Ann Arbor Public Schools reserves the right to refuse contractor's assignment of any individual, agent or employee of the contractor or subcontracted personnel of any degree to render services under this contract where the criminal history of that individual (including any pending charges) indicate, in Ann Arbor School’s judgment, unfitness to perform services under this contract. Violation of the above by the contractor or a subcontractor thereof shall be a basis for immediate termination of this contract. The contractor shall require language similar to the above in all of its agreements and/or contracts with its consultants, subcontractors, suppliers and materialmen of any degree.

In addition to this contract clause, the contractor shall be obligated to undertake every necessary effort to assist Ann Arbor Public Schools in complying with statutorily required criminal checks and reporting requirements concerning any employees in its employ and subcontractors of any degree. To the extent applicable law related to criminal checks and reporting requirements is amended, contractor agrees that it shall fully abide by, comply with and assist Ann Arbor Public Schools with its compliance with such amendments. To that end the parties shall meet and negotiate any changes necessary to bring this contractual provision into compliance with such anticipated future amendments.

4. INSURANCE REQUIREMENTS TO BE MET BY THE SUCCESSFUL CONTRACTOR(S)

Contractor agrees, at its sole cost and expense, to purchase, prior to the commencement of services, and maintain the following insurance coverage in the minimum amounts indicated for the entire duration of the contract. All coverage shall be with insurance carriers licensed and admitted to do business in Michigan and acceptable to Ann Arbor Public Schools.

a. Commercial General Liability Insurance with limits of two million dollars ($2,000,000) aggregate and not less than one million dollars ($1,000,000) per occurrence for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and products and completed operations coverage;

b. Workers’ Compensation including Employer’s Liability Coverage of one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this Contract in accordance with state law;

c. Automobile Liability and Property Damage- One million dollars ($1,000,000) each occurrence, including coverage for all owned, hired and non-owned vehicles including no fault coverage as required by law;

d. Excess Umbrella Liability of five million dollars ($5,000,000) aggregate and per occurrence basis.

To the extent that any insurance coverage required under this paragraph is purchased on a “claims-made” basis, such insurance shall cover all prior acts of contractor during the term of this contract, and such insurance shall be continuously maintained until at least three (3) years beyond the expiration or termination of this contract.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status: Ann Arbor Public Schools, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

The required coverage as described above shall include an endorsement stating the following: “It is understood and agreed that thirty (30) days advance notice of cancellation, non-renewal, reduction and/or material change shall be sent to: Finance Department, Ann Arbor Public Schools, 2555 S. State Street, Ann Arbor, MI 48104. If such insurance is not in force, Ann Arbor Public Schools may, at its option, terminate and cancel the contract.”

5. EXECUTION OF CONTRACT

The District shall use AIA documents A132 as their contract document between the district and Contractor, in which will be signed by both parties. The contractual documents shall consist of all parts of this Invitation for Bid (IFB) including IFB terms and conditions, instruction to bidders, specifications, drawings, addenda, summited bid by awarded contractor and AIA document A132.

6. IRAN ECONOMIC SANCTIONS ACT

Public Act 517 of 2012, commonly known as the "Iran Economic Sanctions Act" (the "Act"). The Act provides that beginning April 1, 2013; an "Iran Linked Business" is not eligible to submit a bid on an invitation for Bid with a "public entity" (Ann Arbor Public Schools). The Act also requires that a person that submits an in response to an Ann Arbor Public Schools invitation for bid shall certify to the public entity that it is not an Iran linked business. This requirement applies to all requests for Bids issued by Ann Arbor Public Schools, and not just to construction projects. The Act defines an Iran linked business as:

a. A person engaging in investment activities in the energy sector of Iran, including a person that provides:

i. Oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran;

ii. A financial institution that extends credit to another person, if that person will use the credit to engage in investment activities in the energy sector of Iran.

If the Ann Arbor Public Schools determines, using credible information available to the public, that a person or entity has submitted a false certification, Ann Arbor Public Schools shall provide written notice to the person or entity of its determination and of its intent not to enter into or renew the contract. The notice shall include information on how to contest the determination. The notice shall also specify that the individual or entity may become eligible for future contracts with the public entity if the activities that caused it to be an Iran linked business are ceased.

7. FORCE MAJEURE CLAUSE

Ann Arbor Public Schools shall be excused from performance including payment to Vendor, and Vendor shall not be allowed to levy any damages or penalties, liquidated or otherwise, during the time and to the extent that Ann Arbor Public Schools is prevented from performing in the customary manner by a force majeure event, including but not limited to an act of God, fire, flood, weather, war, riot, civil disturbance, state of emergency, terrorism, epidemic, pandemic, disease, quarantine, strike, lockout, labor dispute, oil or fuel shortage, freight embargo, rationing or unavailability of materials or products, loss of transportation facilities, commandeering of equipment, materials, products, plants, or facilities by the Government, government statute, executive order or regulation, or any other occurrence which is beyond the reasonable control of the Ann Arbor Public Schools Ann Arbor Public Schools shall only pay for services actually rendered and shall not be required to pay Vendor for any services that are not rendered due to a force majeure event.

8. DEBARMENT

Submission of a bid in response to IFB is certification that the bidder is not currently debarred, suspended, proposed for debarment and declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal departments or agencies. Submission is also agreement that the district will be notified of any changes in this status.

9. DISPUTE RESOLUTION

This agreement shall be construed and enforced in accordance with the laws of the State of Michigan. All disputes, controversies or claims arising out of or in connection with or relating to this agreement, or any breach or alleged breach thereof, shall at the request of either party, be submitted to and settled by arbitration in the State of Michigan pursuant to the rules, then effect, of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties involved). The parties hereto specifically agree to arbitration with the other party in joint proceeding with regards to all common issues and disputes, and to permit pre-hearing discovery in the time and manner provided by the then applicable Michigan Court Rules. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be field, in writing, with the other party to this agreement and with the American Arbitration Association. The demand for arbitration shall be made within six (6) months after the claim, dispute, or other matter in question arose where the parties asserting the claim should reasonably have been aware of the same.

The arbitrator shall have no power to add to, subtract from, or alter the terms of this agreement, and shall render a written decision setting forth findings and conclusions only as to the claims or disputes at issue. The expenses of any arbitration shall be borne equally by the parties to such arbitration, provided each party shall pay for and bear costs of its own experts, evidence and counsel’s fees.

Any award by the arbitrator shall be final and conclusive upon the parties, and a judgement thereon may be entered in the highest court for the forum, State or Federal, having jurisdiction.

10. GOVERNING LAW

This contract has been executed in the state of Michigan and shall be governed by and construed under the laws of the state of Michigan. In the event of any legal action to enforce or interpret this contract, the sole and exclusive venue shall be a court of the competent jurisdiction in Washtenaw County, Michigan.

11. TERMINATION FOR CONVENIENCE

The District may terminate performance of this contract in whole, or in part if the district determines that a termination is in the district’s interest, with a 30 “calendar” day written notice. The contractor, after receipt of a “notice of termination,” shall stop work on the cancellation date specified in the notice.

The district will conduct an audit of the contractor’s costs to determine reasonable costs expended to date of cancellation, or the district may determine the contractors cost based the schedule of values or exact cost of any work performed. The contractor will not be reimbursed for any anticipated profit.

12. TERMINATION FOR CAUSE

If either party is in default under this contract, it shall have an opportunity to cure the default within 10 business days after it is given written notice of default by the other party, specifying the nature of the default. If the default is not cured within 10 business days after notice of default has been given; the non-defaulting party shall have the right, in addition to all other remedies at law or equity, to immediately terminate this contract. Failure to complain of any action, non-action or default under this contract shall not constitute a waiver of any of the parties’ rights hereunder.

The district may terminate this contract, or any part hereof, for cause in the event of any default by the contractor, or if the contractor fails to comply with any contract terms and conditions, or fails to provide the district, upon request, with adequate assurances of future performance. In the event of termination for cause, the district shall not be liable to the contractor for any amount for supplies or services not accepted, and the contractor shall be liable to the district for any and all rights and remedies provided by law. If it is determined that the district improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

13. NONDISCRIMINATION

The contractor hereby agrees to comply with all federal, state and municipal equal opportunity and nondiscrimination guidelines and regulations, and covenants that neither the bidder nor any subcontractors will discriminate against an employee or applicant for employment with respect to hire, tenure terms, conditions or privileges of employment, or in a manner directly or indirectly related to employment, because of sex, race, color, religion, height, weight, marital status, sexual orientation (subject to limitations of applicable law), age, or disability. Failure on the part of the contractor to comply with said guidelines and regulations shall, upon reasonable notice, constitute grounds for Ann Arbor Public Schools to revoke and otherwise terminate the contract and all obligations of the school district there under.

14. IMMUNITIES

This contract shall not be construed to create any right or benefit for any person who is not a party to this contract. The relationship between the district and the contractor is contractual. It is not intended in any way to create a legal agency, partnership, joint venture or employment relationship. The contractor shall always maintain its independent status and both parties acknowledge that neither is an agent, partner, joint venture or employee of the other for any purpose.

15. GENERAL INDEMNIFICATION AND HOLD HARMLESS

Contractor agrees to indemnify, defend and hold harmless Ann Arbor Public Schools, its Board of Education, in their official and individual capacities, employees, agents, contractors, successors and assignees, from and against any and all costs, expenses, damages, and liabilities, including reasonable attorney’s fees, arising out of the: (i) negligent act or willful misconduct of the contractor, its officers, directors, employees, successors, assignees, contractors and agents; (ii) any breach of the terms of this contract by contractor; or (iii) any breach of any representation or warranty by contractor under this contract. Ann Arbor Public Schools agrees to notify contractor by certified mail, return receipt requested, immediately upon actual knowledge of any claim, suit, action, or proceeding for which it may be entitled to indemnification under this contract.

16. INTELLECTUAL PROPERTY INDEMNIFICATION

Contractor warrants that its performance of the services under this contract does not infringe on or violate any copyright patent, trade secret or other property interest of a third party. The contractor shall obtain written permission to use any materials, documents, writing, publications, software, recording or procedure, whether in written, video, audio or other media format, attributed to another (whether copyrighted or not) and proof of such written permission shall be submitted to Ann Arbor Public Schools with the work product of another proposed to be used by the contractor. Contractor agrees to indemnify, defend and hold harmless Ann Arbor Public Schools, its Board of Education, in their official and individual capacities, employees, agents, contractors, successors and assignees, from and against any and all liabilities, damages, costs and expenses, including reasonable attorney fees, incurred in connection with any claim or suit brought against Ann Arbor Public Schools arising from any claims of violation of any copyright, patent or trade secret by any third party resulting from contractor’s or Ann Arbor Public Schools’ use of any equipment, software, technology, documentation and/or any other materials, documents, writing, publications, software, recording or procedure, whether in written, video, audio or other media format provided by contractor under this contract; provided that contractor is notified in writing within thirty (30) days from the date the district knew of such claim. Ann Arbor Public Schools retains the right to offset against any amounts owed contractor hereunder or any such monies expended by Ann Arbor Public Schools in defending itself against such claims.

17. SEVERABILITY

If one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

18. MICHIGAN RIGHT TO KNOW/HAZARDOUS MATERIAL LAW

It is the contractor's responsibility to comply with the Michigan Right to Know/ Hazardous Material Law. All cleaning material containers shall be properly labeled. The contractor is to provide Ann Arbor Public Schools with the following information:

a. Material safety data sheets (MSDS) on all chemicals the contractor provides and uses in an Ann Arbor Public Schools building.

b. An inventory of the types of chemicals used, their purpose, and their location in the building.

19. SAFETY

The bidder shall take necessary precautions for the safety of employees performing the work, and shall comply with all applicable provision of Federal, State and Municipal Safety Laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. Bidder shall erect and properly maintain at all times all necessary safeguards for the protection of workers and the public and shall post danger signs warning against the hazards created.

20. CONFIDENTIALITY

The contractor shall ensure that suitable measures will be taken to maintain confidentiality of Ann Arbor Public Schools and its member schools’ data.

21. FREEDOM OF INFORMATION ACT

The bids and supporting materials become the property of Ann Arbor Public Schools and are subject to public access according to the Freedom of Information Act, MCL 15.231 et. Seq.

22. SMOKING/ALCOHOL ON SCHOOL PREMISES

Smoking, the use of tobacco products or alcohol shall not be permitted on the school property at any time.

23. TAXES

Ann Arbor Public Schools is exempt from paying sales tax. Exemption certificates will be provided upon request. Contractor shall be responsible for paying all applicable taxes and fees including but not limited to sales tax, excise tax, federal and state and local income taxes, payroll and withholding taxes, unemployment taxes, and workers’ compensation payments for its employees and shall indemnify and hold the district harmless for all claims arising under such taxes and fees.

24. NEWS RELEASES

Contractors will at no time make any news or advertising releases pertaining to the bid document for any purpose without the prior approval of, and in coordination with, Ann Arbor Public Schools Procurement Department.

25. ANN ARBOR PUBLIC SCHOOLS RIGHT TO COMPLETE

In the event the contractor shall fail, neglect, or refuse to perform any and all services under this contract, Ann Arbor Public Schools may perform or hire another contractor for such duties under the contract and charge the contractor, or deduct the difference in cost from subsequent payments. In addition, Ann Arbor Public Schools reserves the right to “contract out” for failed services and charge the contractor for the services rendered.

26. ASSIGNMENT OF CONTRACT

The contractor shall not assign, transfer, or dispose of the contract or any part thereof without the written consent of Ann Arbor Public Schools.

27. BID PROTEST

All bid protests shall be in writing and filed with the newtonl@aaps.k12.mi.us within five (5) business days after the IFB first reading of award at a public Board of Education meeting. The bidder shall clearly state the reasons for the protest. If a bidder contacts the district departments and indicates a desire to protest an award, the department shall refer the bidder to the buyer. The buyer will provide the bidder with appropriate instructions for filing the protest. The protest shall be reviewed by the Superintendent or designee whose decision shall be final.

28. GIFTS, GRATUITIES OR KICKBACKS

Acceptance and the offering of gifts, gratuities or kickbacks from contractor to district employees and their family members or the members of the Board of Education are prohibited.

29. PURCHASE ORDER

All purchase orders and purchase order changes must be in writing, contain the signature of the current Director of Finance, Procurement and Business Services. Oral purchase orders number provided shall not be valid. Purchase order terms and conditions can be reviewed at www.a2schools.org.

30. PRICING

Prices provided in IFB shall be F.O.B. to Ann Arbor Public Schools. All purchase prices shall be net: including transportation, insurance and delivery charges fully prepaid by the successful contractor to destination indicated in the IFB.

31. PRODUCT ACCEPTANCE

Ann Arbor Public Schools reserves the right to require a final acceptance test by its own agents or consultants to ensure that each product provided functions as specified in the bid document. All equipment will remain the property and responsibility of the contractor(s) until acceptance. Only at that time will Ann Arbor Public Schools assume responsibility for the possession of the equipment or any part thereof. The warranty period shall start upon product acceptance.

32. BID ACCEPTANCE/REJECTION

The Board of Education reserves the right to accept or reject any or all bids or alternative bids, in whole or in part, with or without cause; to waive any informalities herein; or for reasons of establishing uniformity, to award the contract to the best value vendor. Best value is defined at the sole discretion of the Ann Arbor Public Schools.

33. CONSTRUCTION AWARENESS

Institute and maintain clear signage and barricades, and/or employ dedicated personnel, necessary to keep all building occupants safely apart from all construction activities, no exceptions.

34. PROJECT STATUS MEETINGS

Status project meetings shall be required by and conducted by the District throughout the duration of the project to enable orderly review of the work progress and to discussion of problems and job schedule.

35. SUBCONTRACTORS

The Bidder shall identify each major subcontractor it expects to Contract with and attach to bid submittal.

36. GUARANTEES BY THE CONTRACTOR

The contractor guarantees: That all delivered material, equipment and/or service shall be as proposed. No substitutions will be accepted unless prior to delivery material/equipment has been inspected, found to be equal to the item(s) specified, and approved in writing by an Ann Arbor Public Schools representative; that all materials, products and service offered is standard, new, latest, model of regular stock product or as required by the specifications type of equipment or furniture offered; also that no products/materials have been submitted or applied contrary to manufacturer’s recommendations and standard practice.

SECTION III: SPECIAL TERMS & CONDITIONS

1. CONTRACT TERM

This is a one-time project that will commence after Board of Education award.

Pricing proposed as part of the solicitation process remains fixed and in effect for the duration of the agreement.

2. SCHOOL SAFETY REQUIREMENTS

This contract IS subject to the School Safety requirements (see the Michigan School Safety Legislation clause in the terms and conditions) As such, contractor is required to:

a. Require individual(s) that will work on Ann Arbor Public Schools’ property be fingerprinted for a criminal history check and criminal records check from the Michigan State Police and the FBI.

b. Criminal background reports shall be sent directly from the Michigan State Police to Ann Arbor Public Schools (ID #4249M).

c. Contractor shall provide the Ann Arbor Schools’ Procurement Contact a list of all employees assigned to each building and their assigned areas of responsibility. List shall be use to notify Human Resources prints are coming. The list shall be updated as employees are hired or terminated and provided to Procurement Contact as changes occur.

d. Criminal background reports and a green light shall be received PRIOR to the date the individual begins work.

3. INTERNET CRIMINAL HISTORY ACCESS TOOL (ICHAT)

4. BID BOND

Contractors shall submit with its bid, a bid security in the form of a bid bond issued by qualified surety or a certified check in an amount of five percent (5%) of the total bid.

Failure to include the bid security with contractor’s bid will result in rejection of the Contractor’s bid.

a. If a bid bond is posted by a contractor, it shall be from a Treasury Surety licensed to do business in the State of Michigan, and the attorney-in-fact who executes the bid bond on behalf of the contractor shall attach a certified, current copy of its power of attorney. All sureties providing bonds for this project shall be listed in the latest version of the Department of Treasury’s Circular 570, entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”, with the bond amount less than or equal to the underwriting limitation, and/or have an A.M. best rating of A- or better.

b. If a certified check is submitted, it shall be made payable to “Ann Arbor Public Schools.” The School District shall not be liable for any interest earned thereon.

The bid security shall be forfeited as liquidated damages, and not as a penalty, if the contractor withdraws its bid after the due date for the submission of bids or upon acceptance of its bid by the School District, Contractor fails to execute the form of contract acceptable to the School District, substantially evidencing and incorporating this IFB and its bid and fails to provide the required Performance bond and or payment bond, if any, and the required insurance certificates, within ten (10) business days of award to contractor. Bid security shall be returned to all non-successful bidders within a reasonable time after the award and execution of contract.

5. PERFORMANCE & PAYMENT BONDS

If the proposed bid amount is equal to or greater than fifty thousand dollars ($50,000.00), then the successful bidder shall be required to furnish a performance and payment bonds valued at the full amount of the proposed bid by a Treasury listed Surety licensed to do business in the State of Michigan, and the attorney-in-fact who executed the Performance and Payment bonds on behalf of the contractor shall attach a certified, current copy of its power of attorney. Performance and payment bonds shall be submitted within 10 business days after being notified of the award or prior to the commencement of work or whichever occurs first. Cost of the bonds shall be included in each bid.

a. Bids must comply with Federal Department of Labor prevailing wage rates, as published for Washtenaw County. Employment of apprentices, from registered apprenticeship programs, at required amount of labor (15%).

b. Successful Bidder/Contractor must comply with all the Prevailing Wage Requirements under Code Sections 45 and 48 and all relevant guidance, including as applicable. Proposed or Final Regulations, promulgated thereunder (the “PWA Rules”), including:

1. Submitting certified payroll with each payment application

2. Submitting labor record of apprenticeship compliance requirement with each payment application.

3. Making any required underpayment, penalty, or cure payments required by the

6. PREVAILING WAGES

Bids must comply with Prevailing Wages by the Department of Labor as published for Washtenaw County. In the event contractors do not comply their bid and/or contract can be disqualified or terminated.

7. WARRANTY

Contractor shall provide written warranty that includes in specification.

8. PERMITS, FEES, LICENSES AND INSPECTIONS

It is at the contractor’s expense, unless otherwise stated in specifications each bidder shall provide, pay for and coordinate all permits, fees, licenses, inspections and city, county, state, federal and governing authority approvals required for the successful completion of work contained within their bid and deliver required certificates of inspection and approvals to Ann Arbor Public Schools.

9. DOCUMENTATION FOLLOWING AWARD

Within ten (10) business days after receiving formal notification, the successful Bidder(s) will be required to furnish the following:

a. Insurance Certificates: As required by the General Terms and Conditions of this

IFB.

b. Performance Bond & Payment Bond (Labor & Material)

c. ICHAT Forms for each employee or sub-contractor

d. W9 If the Bidder refuses or fails to submit the requested documents listed above within the ten (10) business day period, Ann Arbor Public Schools will consider the Bidder to have abandoned all rights and interest in the Contract award. Consequently, the bid bond may be declared forfeited to the School District and the work may be awarded to another contractor.

10. QUALIFICATIONS

The district reserves the right to request additional information from a number of selected contractors to allow the Architect and/or District to create a more informed opinion on the experience, capabilities, etc. of contractor in deciding to make a formal recommendation of award to any contractor.

SECTION IV: EXCEPTIONS TO BID SPECIFICATIONS

Enter any exceptions to the bid specifications on this form. The District has sole discretion on whether they accept the contractor’s exceptions.

SECTION V: BIDDER SUBMITTALS

1. BID SUBMITTALS

The following designated forms and other information shall be submitted in the following order with the Contractor’s bid:

A. Bid Bond (required or disqualified)

B. Bid Price Form (required or disqualified)

C. Notarized Familial Disclosure Statement – Familial Relationship (required or disqualified)

D. Contractor Information Form

E. Iran Sanctions Act Form

F. Certification Form

G. Completed W-9 Form

H. List of subcontractors, if applicable

I. Submittals as requested in the Invitation For Bid (IFB)

SECTION VI: APPENDIX

APPENDIX A - CONTRACTOR INFORMATION FORM

APPENDIX B – CERTIFICATION FORM

APPENDIX C – IRAN ECONOMIC SANCTIONS FORM

APPENDIX D – FAMILIAL DISCLOSURE STATEMENT

APPENDIX E – ICHAT FORM (SAMPLE)

APPENDIX F – SPECIFICATIONS

APPENDIX G – DRAWINGS

APPENDIX H – BID PRICE FORM

APPENDIX I - PREVAILING WAGE

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