ITB 18.2425R Fence Services.pdf

CHIPPEWA VALLEY SCHOOLS

“Inspiring and empowering learners to achieve a lifetime of success.”

INVITATION TO BID

FENCE INSTALLATION, REPLACEMENT AND REPAIR

SERVICES

ITB No. 18.2425R

Publish Date: February 19, 2025

Bid Opening: March 5, 2025, at 2:00 p.m.

Bid Award: April 7, 2025

19120 CASS AVENUE

CLINTON TOWNSHIP, MI 48038

1. PURPOSE: The Intent of this Invitation to Bid (herein known as “ITB”) is to establish a Service Contract with one (1) or more qualified vendor(s) for all labor and equipment required to perform Fence Services for Chippewa Valley Schools (herein referred to as “District”), in accordance with the specifications, terms and conditions stated herein.

2. BACKGROUND: Chippewa Valley Schools is located in Macomb County, in the Metro-Detroit area. The District currently has one preschool, 12 elementary schools, 4 middle schools, 2 high schools, 2 ninth grade center schools, one alternative school and one International Academy specialty school in addition to Central Administration and Maintenance Buildings.

3. CONTRACT PERIOD:

The period of this contract shall be from July 1, 2025 through June 30, 2026. Bidders submitting bids for less than the contract period specified may not be accepted. By mutual agreement of the Awarded Vendor and District, this contract may be renewed on an annual basis for a maximum of four (4) one (1) year periods. Written notice of District’s intention to renew shall be given approximately ninety (90) days prior to the expiration date of each contract period.

If District elects to exercise the option to renew the contract for additional years on an annual basis, the contract price(s) shall not exceed the Vendor’s submitted Pricing Schedule “not to exceed percent” as the maximum increase allowed for any extension period.

4. BID DISCREPANCIES, OMISSIONS OR INTERPRETATIONS: Bidder shall promptly notify the District of any ambiguity, inconsistency, or errors which he/she may discover upon examination of the bid documents.

Bidders requesting clarification or interpretation of the bid documents shall make a written request to the District to reach him/her at least seven (7) calendar days prior to the date for receipt of bids for transmittal to the District.

Direct all questions related to this ITB to Lillian Grayson, Purchasing Coordinator, Chippewa Valley Schools, and submit such questions in writing no later than seven (7) days prior to the bid opening date. Include ITB number, page, section, and paragraph number for each question. Send all questions to purchasing@cvs.k12.mi.us.

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

5. ADDENDA

Each bidder shall ascertain prior to submitting his/her bid that he/she has received all addenda issued.

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

Addenda will be mailed or delivered to all who are known by the District to have a set of bid documents.

Copies of addenda will be made available for inspection wherever bid documents are on file for that purpose.

6. SUBMISSION OF BID

Sealed bids clearly labeled “Fence Installation, Replacement, and Repair Services ITB 18.2425R,” and the Bidder’s business name on the mailing package will be received by Chippewa Valley Schools until March 5, 2025 at 2:00 p.m. EST, at which time all bids will be publicly opened and read. Bidder must submit one (1) original and one (1) copy of all required documents. Please do not include the ITB in the proposals.

mailto:purchasing@cvs.k12.mi.us

Proposals are to be delivered to:

Chippewa Valley Schools Attn: Lillian Grayson, Purchasing Coordinator 19120 Cass Avenue Clinton Township, MI 48038

Proposals received after this date and time will not be accepted. Emailed or faxed proposals shall not be accepted for any reason. Proposals will be considered firm for a period of 90 days from the bid opening date until time of bid award.

7. SOLE BIDDER: It is the District’s intent that this Invitation to Bid permit competition. It shall be the Bidder’s responsibility to advise the District in writing if any language, requirements, scope specifications, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification shall be received by the District no later than seven (7) days prior to the date set for acceptance of bids.

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

8. METHOD OF BIDDING: Bidders are required to bid on the entire bid package. Bidders that do not provide pricing for all requested costs will be disqualified. The rates shall include such items as overhead, profit, insurance, truck mileage, etc. No additional cost of any kind will be allowed during the contract.

Each bidder shall submit his/her proposal in the following ways:

1. Per Hour: Bidders shall submit hourly costs for required work. Work includes complete clean up.

Costs must include equipment, tools, overhead, profit, administrative costs, insurance, truck mileage, union pension fund, workman’s compensation, unemployment insurance, social security, etc. NO additional cost will be allowed.

2. Cost of Materials – Cost plus basis.

3. ADD ALTERNATE 1: Pricing for possible contract extension period shall not exceed the Vendor’s submitted Pricing Schedule “not to exceed percent” as the maximum increase allowed for any extension period.

4. ADD ALTERNATE 2: Extra cost for emergency requested services.

At the time of contract renewal, Contractor’s “not to exceed percent” shall be compared with the current change on file for the U.S. Department of Labor's Bureau of Labor Statistics Consumer Price Index for All Consumers (CPI-U) for the Metro Detroit area. The lower percentage change between the two indices shall prevail.

9. UNIT OF MEASURE: If bid price is based on a different unit of measure than unit of measure specified, Bidder MUST indicate unit of measure bid in the “Exception” field provided. Otherwise, it will be assumed that they have bid per the unit of measure specified and the Bidder will have to honor pricing based on the equivalent unit of measure.

10. CONTRACT ADMINISTRATOR/TECHNICAL POINT OF CONTACT: The following employees of the District are identified to use all powers under the contract to enforce its faithful performance:

CONTRACT ADMINISTRATOR: As the Contract Administrator, the following individual, or her designee, shall serve as the interpreter of the conditions of the bid and contract and shall use all powers under the bid, resulting contract, and state and federal laws to enforce its faithful performance.

Lillian Grayson, Purchasing & Risk Management Coordinator, phone: (586) 723-2150

TECHNICAL POINT-OF-CONTACT: The following individual shall work directly with the Awarded Vendor in scheduling and coordinating work, answering questions in connection with the scope of work, and providing general direction under the resulting contract. This person shall NOT be contacted during the bidding process.

Jeff Atkins, Director of Auxiliary Services, phone: (586) 723-2255

11. SCOPE OF WORK

It is the intent to establish a Contract for installation, replacement, and/or repair services of fences. The Contractor shall provide installation, replacement, and/or repair services of metal chain/cyclone link fencing, metal gates, metal motorized gates, wooden fencing and plastic/fiberglass fencing of various styles, types and sizes, on an “as needed” basis. The items to be installed, replaced, and/or repaired shall include posts, end posts, gates line rail, fabric and any other items related to fencing work. The Work to be performed under this Contract shall be on a Time and Material basis. The work shall be performed at various locations within the District (see attached District Map).

The Contractor shall do all the work and furnish all the management, supervision, labor, components, materials, tools, equipment, and appurtenances necessary for the performance and completion of this Contract, in the manner called for by the terms and conditions set forth herein, at the prices shown on the Bid Pricing Sheet and to the satisfaction of the District.

Vendor is not required to inventory or inspect fencing. District shall be responsible for these tasks and will notify Vendor whenever Service is requested. District is not planning on expanding fencing where there is no fencing right now.

12. WORK PROCEDURES

The District must be able to verbally call or email written requests for service. Service shall be performed throughout the year, as needed by the District. Vendor shall take responsibility for correcting work errors at no extra cost to District.

All work shall be done during normal business hours, unless other arrangements have been made by the District for emergency services. All work must include a detailed work order showing the location(s) of all the work performed with labor calculations.

Each and every service call shall be fully documented on a work ticket as to the work performed. Such documentation shall consist of building, location, hours worked, hour begin and end times, number of technicians and/or helpers, exact nature of service rendered, and any other such pertinent information.

This work ticket shall be signed by the appropriate District employee before your workman leaves the job site and co-signed by your workman in charge at the job site.

13. CONTRACT REQUIREMENTS

All workers performing service under any resulting contract shall be licensed as required by Macomb County and the State of Michigan. All work performed shall comply with state, county and local codes. All permits that may be needed shall be the responsibility of the Vendor to obtain.

Bidder’s primary business shall be metal fence and gate installation, replacement, and repairs and that the

Bidder has been regularly and actively engaged in the fencing contracting business, performing this type of work for a minimum of three years.

All bidders shall be fully outfitted companies, possessing appropriate equipment and vehicles, capable of performing any and all work normally encountered in this type of operation. If requested, a bidder shall be prepared to give full details as to the size and capability of his organization to fulfill the requirements of a potential contract with the District. Award will not be made to a company that the District has determined, in its sole opinion, to not have the capacity to perform in a satisfactory manner.

14. SAFETY REQUIREMENTS

PROTECTION OF WORK & PROPERTY: The Contractor shall take necessary precautions for the safety of employees performing the work, and shall comply with all applicable provisions of OSHA, MIOSHA, 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. Contractor 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.

Awarded Bidder shall not rest, place or move heavy equipment on district athletic fields for any reason at any time.

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

INSURANCE: 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. The below requirements should not be interpreted to limit the liability of the Contractor under this contract. This coverage shall protect the Contractor, its employees, agents, representatives and subcontractors against claims arising out of the work performed. All coverage shall be with insurance carriers licensed and admitted to do business in Michigan and acceptable to Chippewa Valley Schools. Certificates of such insurance shall be filed with Chippewa Valley Schools within ten (10) days after a contract is signed by both parties and prior to any work commencing.

A. Commercial General Liability Insurance: on an "Occurrence Basis." General liability not less than $1,000,000 each occurrence, $2,000,000 general aggregate and products completed.

B. Workers' Compensation covering Contractor's statutory obligations in the State of Michigan and Employers' Liability insurance with limits of liability of $1,000,000 per accident.

C. Automotive Liability insurance with the limits of $1,000,000 per accident covering Contractor's owned, non-owned, and hired automobiles, as well as Michigan Property Protection Insurance as required by statute. This limit may be attained by a combination of an underlying policy with an umbrella or excess liability policy.

Chippewa Valley Schools shall be named as "Additional Insured". The required coverage as described above shall include an endorsement stating the following: "It is understood and agreed that thirty (30) days advance written notice of cancellation, Non-Renewal, Reduction and/or Material change shall be sent to:

Chippewa Valley Schools, Purchasing Department, 19120 Cass Avenue, Clinton Township, MI 48038. If such insurance is not in force, Chippewa Valley Schools may, at its option, terminate and cancel the contract.”

It is the Contractor’s responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the contract.

PERMITS: Contractor shall obtain, provide and coordinate all necessary permits, which includes fees, inspections and city, county, state, federal and governing authority approvals required for the successful completion of the work associated with this contract. The cost of such permits to be included required certificates of inspection and approvals will be delivered to the District's Maintenance Department for payment.

If any work is done contrary to such laws, ordinance rules and regulations without such notice, Contractor shall bear all costs arising there from.

15. GENERAL TERMS AND CONDITIONS:

15.1. AUDIT: The Vendor shall retain all books, records, and other documents related to this contract for five (5) years after final payment, or until audited by District, whichever is sooner. District and its authorized agents shall have full access to and right to examine any of said material during said period.

15.2. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that District shall be bound hereunder only to the extent of the funds available, or which may hereafter become available for the purpose of this contract.

15.3. AWARD OF CONTRACT: Award will be made to the lowest responsive and responsible Bidder(s).

District reserves the right to make an award either in whole or in part, whichever is deemed in the best interest of the District. The District reserves the right to reject any or all bids, in whole or in part, to waive any informality and to delete items prior to making the award, whenever it is deemed in the sole opinion of the District to be in its best interest. District reserves the right to make the sole determination of whether the proposal offered meets the minimum specifications and is acceptable in accordance with the specifications included in this ITB.

15.4. EXTRA CHARGES NOT ALLOWED: The bid prices shall be for complete work, ready for District use, and shall include all applicable charges; extra charges will not be allowed for fuel surcharges, handling, disposal, stop offs, equipment rental or work at multiple locations.

15.5. FAILURE TO DELIVER: Failure to comply with the terms and conditions of this solicitation or to provide services identified in the solicitation and resulting contract at the firm-fixed prices quoted will be considered default of the contract award. Should the Awarded Vendor be found in default of the contract, any excess cost which may result from default actions shall be at the expense of the Awarded Vendor. The Awarded Vendor shall, in this instance, be responsible for any and all costs incurred by the District to procure such services elsewhere.

15.6. METHOD OF PAYMENT: The Awarded Vendor shall be paid on the basis of invoices submitted, to be paid net thirty (30) days from receipt and approval by an authorized District official, upon satisfactory completion of work. Invoices shall list the contract number, contracted costs, and hourly rates in accordance with bid award. All invoices submitted shall include copies of the work tickets.

Payment shall be made after satisfactory performance of the contract in accordance with all the provisions thereof and upon receipt of a properly completed invoice. The School Board reserves the right to withhold any or all payments or portions thereof for Vendor’s failure to perform in accordance with the provisions of the contract or any modifications thereto.

15.7. NON-COLLUSION AFFIDAVIT/CERTIFICATE OF INDEPENDENT PRICE DETERMINATION: In Accordance with State and Federal requirements, all Bidders shall submit with their bid Non- Collusion Affidavit. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid. This Non-Collusion Affidavit must be executed by the member, officer, or employee of the Bidder who makes the final decision on prices and the amount quoted in the bid. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the Non-Collusion Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval or submission of the bid.

In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and a Non-Collusion Affidavit must be submitted separately on behalf of each party. The term “complementary bid” as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition. Failure to file a Non-Collusion Affidavit in compliance with these instructions will result in disqualification of the bid.

15.8. WARRANTY: The Vendor agrees that the services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Vendor gives any customer for such services and that the rights and remedies provided therein are in addition to and do not limit those available to the District by any other clause of this solicitation.

16. SPECIAL TERMS AND CONDITIONS:

The following services shall be provided by the Contractor, upon request by the District, during the term of this agreement:

Fencing Gates Webbing Concrete Footings Electric Motors Limit Switches Recreational Structures (Back Stops, Goals, Cages, Etc.)

Bollards Rollers and accessories

The following specifications are for chain link fencing. In most instances, the Contractor will be required to furnish and install chain link fencing. However, under this agreement, the District reserves the right to require that the Contractor furnishes and installs wooden, plastic, vinyl, or any type of synthetic fencing, regardless of the pattern or design, any type of recreational structure using chain link fencing, and bollards.

No damaged or defective material shall be used or brought on site.

Wire Gauges and Fence Fabric Unless otherwise specified or shown, the fabric shall be #9 gauge, 0.148“ nominal diameter of wire with two (2) inch woven diamond mesh, knuckled at the top and bottom selvages and shall be smooth on both sides without any barbs or burrs. All fence fabric shall be steel core with .40 aluminized finish. Fence members shall be standard galvanized pipe.

Posts, Gate Frames, Rails and Braces for Fencing Materials – Posts, gate frames, rails, braces, truss rods, etc. shall be of steel having a carbon content of not less than 0.10 percent. They shall be hot dipped galvanized after fabrication or as specified, and the coating shall weigh not less than 2.0 oz. per square foot of actual surface. Reject pipe from the mills will not be accepted.

General Requirements – Posts, gate frames, rails and braces shall conform to the dimensions and weights shown in the tables below.

Standard Pipe Size (in inches)

Outside Diameter (in inches)

Wall Thickness (in inches)

Weight Per Foot Minimum (in pounds)

1 1/4 1.66 .140 2.27

1 1/2 1.90 .145 2.72

2 2.375 .154 3.65

2 ½ 2.875 .203 5.79

3 3.500 .216 7.58

3 ½ 4.00 .226 9.11

4 4.500 .237 10.79

Square Sizes (in inches)

2 ½ n/a .1875 5.70

3 n/a .25 9.10

Schedule of Fence Members All members shall be in accordance with the following:

HEIGHT OF FENCE

Use 3’ – 4’ 4’1” – 6’ 6’1” – 12’

Line Posts 1 ½” 2” 2”

Top & Bottom Rail 1 2/4” 1 ¼” 1 ¼”

Terminal, Corner & Pull Posts

2” 2 ½” 2 ½”

Mid-Rail None None 1 ¼”

Bracing @ Terminal & Gate Posts

None 1 each 1 ¼” complete Rail and 1 each 3/8” dia.

(minimum) rod & turnbuckle

2 each 3/8” dia.

(minimum) rod & turnbuckle

Gate Posts:

Gate width 6’ or less 2 ½” 2 ½” 3”

Gate width 6’1” to 12’ 3” 3” 3 ½”

All members shown above shall be in accordance with the tabulated sizes as specified above.

The term “corner post” refers to a post occurring at any deflection angle of the fence in excess of 10 degrees.

“Pull posts” are to be used to facilitate stretching in long runs of fence and abrupt change of grade. Pull posts shall be placed no further than five hundred (500) feet in any straight run of fence.

Posts All line posts shall be spaced equidistant apart and at no time shall the spacing between the posts exceed ten

(10) feet. They shall be used only in straight runs between gate, corner, pull and terminal posts.

Posts shall be of the lengths specified and shall be round. Welding of posts for the primary purpose of extending the length will not be permitted except in the construction of backstops.

Suitable self-locking bands shall be provided in sufficient quantity for attaching the fabric securely to all line posts at intervals not exceeding fifteen (15) inches.

Tie wire will not be permitted for fastening the fabric to the posts.

Gates and Gate Framing Gates: Openings six (6) feet or less shall be single leaf of the sizes shown on the drawings, complete with latches, stops, keepers, hinges, fabric and lock with two (2) keys. Openings greater than six (6) feet shall be double leaf and be complete as specified above.

Fabric: Shall be #9 gauge and shall be attached securely to the gate frame with stretcher bars for the full height of the gate at both sides of the frame. Tension bands and tie wires shall be installed in accordance with these specifications.

Hinges: Shall be of adequate strength for the gate and shall be of the offset type permitting a full 180 degree swing. The hinges shall not twist or turn under the action of the gate.

Latches & Keepers: Shall be provided for all gates. Latches shall be of a steel gravity type latch which will automatically engage the pin welded in the gate frame and must be equipped with provisions for a padlock.

Keepers shall consist of a substantial mechanical device for securing and supporting the free end of the gate when in the full-open position and shall be sued of all permanent gate settings.

Gate Frames: Shall be constructed of round or square members and for gate leaves more than eight (8) feet wide shall, if specified, have intermediate members and/or diagonal truss rods as necessary to provide rigid construction of ample strength and free from sag or twist. All joints between members shall be mitered on 45 degree and welded. All welds shall be ground smooth and properly treated with zinc oxide before installation.

Truss rods shall be not less than 3/8” in diameter.

Stops: Shall consist of a flush plate with anchor arranged to be set in concrete and to engage the plunger of the latch. Stops shall be used on all permanent gate settings.

Rails Welding of rails (field or shop) for the primary purpose of extending the length will not be permitted.

Top Rails: shall be in lengths not less than eighteen (18) feet and shall be fitted with outside expansion sleeves for connecting the lengths into a continuous run. The sleeves shall be not less than six (6) inches long and shall provide a substantial connection and shall allow for expansion and contraction of the rail. Suitable double wrapped tie wires twisted at least three (3) turns or self-locking bands shall be provided in sufficient quantity for attaching the fabric securely to the top rail at intervals not exceeding one (1) foot. Top rails shall be securely fastened to the terminal posts using rail ends and brace bands.

Middle and Bottom Rails: shall be continuous from post to post with sufficient attachments on the posts for anchoring the rails. Double wrapped tie wires twisted at least three (3) turns or self-locking bands shall be provided for attaching the fabric securely to the rails at intervals not exceeding one (1) foot. Rails shall be securely fastened to the line posts by double rail ends and gate, pull corner and terminal posts by brace bands and rail ends.

Braces Installation without mid-rail—all terminal, gate, pull and corner posts shall be braced with compression rails fastened to posts with rail and caps and tension bands. Terminal posts shall be truss-braced from the first line lost to bottom of terminal with 3/8” minimum diameter rod and turnbuckle. Corner posts shall be braced as above, in each direction. Gate posts shall be similarly braced except the rod shall be fastened at the base of the line post and extend up to the upper rail of the gate post.

Miscellaneous Accessories for Fencing Materials:

Post tops, rail clamps and fittings shall be malleable iron, forged or pressed steel.

All fittings, tension bands, bars, braces, etc. shall be hot dipped galvanized after fabrication. Coating shall weigh not less than 2 oz. per square foot of actual surface.

Post Tops:

All line post tops shall fit snugly on the posts. All post tops shall be made so as to exclude moisture from all posts. Terminal posts and corners shall have tops spot welded in no less than three (3) places for each top. All welds shall be ground smooth, properly treated and given two (2) coats of exterior metal aluminum paint (Rustoleum or approved equal).

All post tops on terminal posts and gates shall be round or oval on top. Under no circumstances shall pointed post tops be used unless specifically authorized in writing by the District.

Stretcher Bars, Tension and Brace Bands Stretcher bars shall be high carbon steel not less than 3/16 x ¾ inch in cross section or equivalent cross-sectional area and shall be of lengths equal to the full height of the fabric with which they are to be used.

One (1) stretcher bar shall be provided for each gate, terminal and end post and two (2) for each corner post and pull post.

Tension bands and brace bands shall be beveled edge type fastened with carriage bolts, made up with the nuts on the inside of the fence. All bolts must be peened.

Tension and brace bands shall not exceed fourteen (14) inches on all terminal, gate, pull and corner posts, and gate frames.

Fabric Ties:

Shall be 12 gauge or aluminum bands of adequate strength. Spacing shall be as previously specified. Tie wires shall be double wrapped and twisted at least three (3) turns. Aluminum bands shall be self-locking.

Fence Erection:

All posts shall be set plumb and true in sleeves or directly in the footing (Contractor’s option). If set in sleeves, grout with a 1:3 cement grout. Fence on stroking walls shall be set in concrete without the option of grouting.

The fabric must present a smooth uniform appearance with the bottom edge no more than one-half (1/2) inch above the adjacent surface.

Line Posts:

Line posts shall be set in twenty-five-hundred-pound (2,500 lb.) concrete footing, eight (8) inch minimum diameter at the top by thirty-six (36) inches deep.

Posts shall be set a minimum of thirty-two (32) inches into the concrete footing. Tops of the footing shall be sloped and flushed with grade on all lines where a mowing table is not installed.

Terminal, Corner, Pull and Gate Posts:

Footings shall be the same as described for the line posts with the exception that the minimum diameter at the top of the concrete footing shall be twelve (12) inches, the depth of the concrete footing shall be forty (40) inches, and the posts shall be set a minimum of thirty-six (36) inches into the concrete footing.

17. DEMOLITION AND DEBRIS REMOVAL. The Contractor shall be responsible to remove all their debris from the site and clean effected work areas. The Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by District representative, shall remove such debris and materials from District property. The Contractor shall leave all affected areas as they were prior to beginning work.

18. UTILITIES. The Contractor must provide all electric power (generators) required at the job site.

19. POTENTIALLY HAZARDOUS MATERIALS. If the work to be performed under this contract requires the use of any product which contains any ingredient that could be hazardous or injurious to a person’s health, a Material Safety Data Sheet (MSDS) must be submitted prior to any work being performed.

20. REASONABLE NOTICE: It is required that the Contractor be available to meet with the Maintenance

Department or the representative(s) at the job site within 72 hours of being notified of a proposed project, to discuss the project. The Maintenance Department or the representative(s) shall determine the extent of the repair work. Time of completion for such Project(s) will be determined at the job site with the approval of the Maintenance Department. The Contractor shall complete such Project(s) within the time period specified unless a time extension has been approved by the Maintenance Department.

21. PROJECT COST ESTIMATES: The Contractor shall submit to the Maintenance Department, a proposal for the

Work on a Time and Materials basis. The Contractor shall, within five (5) working days following the meeting at the job site, provide the Maintenance Department or his representative with a written cost estimate and work schedule, including the starting and completion date. All cost estimates prepared by the Contractor at the District's request shall be at no cost to the District. The Contractor agrees that these estimated costs will be the maximum project cost if accepted by the District. The Contractor agrees that the District shall bear no liability or responsibility to the Contractor for the payment of any costs or charges in excess of the amount identified in the written cost estimates.

All written cost estimates shall be prepared and submitted. The costs and types of all labor, material, and equipment to be used on a project shall be detailed. The District shall pay for only those items itemized on the estimate, which were accepted and approved by the District.

22. RIGHT TO QUOTE: The District reserves the right to advertise for quotes any proposed project(s), which would be performed under this Contract, whose estimate exceeds that which the District feels is reasonable. The District also reserves the right to advertise any project whose estimate exceeds 20% of the total value of this Contract.

23. PROJECT NOTICE TO PROCEED: The Contractor shall not begin work on any project under this Contract, until such time as a verbal approval has been issued by the Maintenance Department. A verbal approval will be given for each project, followed by a written confirmation if required by Contractor. The commencement of work shall begin, for each project, within 72 hours after receipt of the verbal notice to proceed. Failure to start the project within the 72 hours may be cause to terminate this Contract for default.

Notice given by other than the Maintenance Department shall not be accepted by the Contractor, except in the case of an emergency, when the Maintenance Department can issue a temporary verbal approval to proceed.

For additional work, the Contractor shall, within three business days after the verbal Project Notice to

Proceed, submit a revised quote, incorporating the additional work. This will be confirmed with a written Delivery Release from the Maintenance Department.

24. WORK ORDER: The Work Order shall provide a description and location of the project, the number of people assigned to the project, the type, quantity and cost of materials used, equipment, and subcontractor costs.

The form shall be signed by the Contractor and delivered to the Maintenance Department or the representative.

25. NOTIFICATION: The Contractor shall notify the Maintenance Department or the representative, before 8:00 A.M., on any day the Contractor will be performing any work under this Contract.

26. WORKING HOURS: The Contractor will only be permitted access to the District's premises between the hours of 7:30 A.M. and 4:00 P.M., Monday through Friday, except on holidays observed by the District when the Contractor will not have access. Occasional exceptions to the above hours of access will be considered by the Maintenance Department upon prior request by the Contractor.

If it becomes necessary for the Contractor to perform work during District non-working hours or on weekends or holidays, a list of the Contractor's employees who are scheduled to work must be given to the Maintenance Department. The Contractor's employees must have proper identification in their possession. The above procedure will ensure proper ingress and egress at any premises in which the Contractor is required to work.

Charges incurred by the Contractor for time spent in transit (portal-to-portal) from the Contractor's place of business to the job site and back are not part of this Contract and will not be paid by the District. Computation of the number of hours worked shall include only those hours spent at the job site, excluding mealtimes.

27. PROPERTY DAMAGE: Should any damage to District property be caused by the Contractor, the Contractor shall inform the Maintenance Department and make repairs immediately, to the satisfaction of the Maintenance Department, and at no cost to the District. The District may, however, elect to make repairs or replacement of damaged property and deduct the cost from monies due, or to become due the Contractor.

28. STOP WORK: Work can be temporarily stopped in the field by the Maintenance Department or the representative because of weather, lack of material, safety violations, or other unforeseen circumstances. If the work stoppage is longer than, or is expected to be longer than 48 hours, a written Stop Work Notice will be issued by the Contract Administrator.

29. Approval of Workers: The District reserves the right to reject any subcontractor and/or supplier who fails to meet the qualifications outlined herein. No substitution for any subcontractor, supplier, person or entity previously approved by the District shall be made by the Contractor without prior written approval by the District. All substitutions shall be submitted to the Contract Administrator upon the certification form as previously submitted.

Upon request of the Maintenance Department, the Contractor shall remove from the District facilities, any of its employees who fail to abide by this Contract, or who possess or consume alcohol or illegal drugs on District property. Gambling, theft of, deliberate damage to, or unauthorized use of District property, falsification of Contract required documents, deliberate or premeditated assault, shall be grounds for directing the removal of the Contractor's employees. Under this Contract, the term "Contractor's Employees" shall mean persons directly employed by the Contractor and any person employed by a Subcontractor bound to the Contractor to perform Work required by this Contract.

All personnel employed by the Contractor shall be advised that the District has designated its facilities "Smoke-

Free Areas." Upon request, designated smoking areas will be identified by the Maintenance Department.

Violation of this requirement will result in the removal of Contractor's personnel from District property.

30. SECURITY: The Contractor's employees must comply with all District security rules and regulations with regards to parking and signing in and out of buildings.

The District will require the Contractor to option and approve background investigations on all employees including subcontractor's employees who will be performing work on the District's sites. The investigations shall be completed in accordance with School Safety Initiative Legislation.

31. INSPECTION AND ACCEPTANCE: Upon final or partial completion of a project, or upon the expiration of the specified time period to complete the project, the Contractor must obtain an inspection from the Maintenance Department or the designated representative. If all Work is determined to be satisfactory, the Contractor shall submit invoices for payment. All Work found unacceptable, or incomplete shall be corrected by the Contractor before a re-inspection is scheduled. No invoice will be accepted for payment until the Work has been completed and accepted by the Maintenance Department or the designated representative.

GENERAL TERMS AND CONDITIONS

These general terms, conditions and instructions apply to all purchases and are a part of each solicitation and every contract awarded by District, unless otherwise specified in such solicitation or contract. The Purchasing Office is responsible for the procurement activity of Chippewa Valley Schools and its governing body, the Chippewa Valley School Board. The term “District” as used herein refers to the contracting entity which is the signatory on the contract and may be either District, or the District School Board, or both. Bidder or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids: failure to do so will be at the bidder’s own risk.

These general terms, conditions and instructions are subject to all applicable Federal, State and local statutes, policies, resolutions, and regulations (collectively “laws”), and are to be interpreted so as to be consistent with such laws. In the case of irreducible conflict, these general terms and conditions are preempted by applicable laws.

AUTHORITY

1. The Purchasing Coordinator has been delegated authority for issuance of invitations to bid, modifications, purchase orders and awards approved by and for District. In the discharge of these responsibilities, the Purchasing Coordinator may be assisted by delegating to other Business Office staff. Unless specifically delegated by the Purchasing Coordinator, no other District officer or employee is authorized to enter into purchase negotiations, change orders, contracts, or in any way obligate District for indebtedness. Any purchase order or contract made which is contrary to these provisions and authorities shall be of no effect and void, and District shall not be bound thereby.

CONDITIONS OF BIDDING/OFFERING

2. CLARIFICATION OF TERMS: If any prospective Bidder has questions about the specifications or other solicitation documents, the prospective Bidder shall contact the Buyer whose name appears on the face of the solicitation no later than seven (7) calendar days before the due date. Any revisions to the solicitation will be made only by a written addendum issued by the Central Purchasing Office.

3. DEBARMENT STATUS: By submitting their bid, the Bidder certifies that he/she is not currently debarred by the State of Michigan or District from submitting bids on contracts for the type of goods and/or services covered by this solicitation, nor is the Bidder an agent of any person or entity that is currently so debarred.

4. ERRORS IN BIDS: When an error is made in extending total prices, the unit bid price times the number of units will govern. Erasures and changes in bids must be initialed by the bidder. Carelessness in quoting prices, omitting portions of the work from the calculations, or in preparation of the bid otherwise will not relieve the bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot otherwise be corrected, and the bidder will be required to perform if his or her bid is accepted.

5. ETHICS IN PUBLIC CONTRACTING: By submitting their bid, Bidders certify that their bid is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

6. INCLEMENT WEATHER: Due to inclement weather conditions, District may elect to close schools and administration offices.

6.1 In the event of a delay in school opening, all times shall remain as stated in the Invitation to Bid.

6.2 In the event that District closes, any/all pre-bid conferences and bid openings will be held on the next business day the District experiences a normal opening or a delayed opening, at the time previously scheduled. No exceptions will be made in this matter.

7. LATE BIDS: To be considered for selection, bids must be received by the District Central Purchasing Office by the designated date and hour.

The official time used in the receipt of bids is that time on the clock in the Central Office reception area. Bids received in the Central Office after the date and hour designated are non-responsive, automatically disqualified and will not be considered. District is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or the intra-school mail system or delivery by any other means. It is the sole responsibility of the Bidder to ensure that his/her bid reaches the Central Office by the designated date and hour.

8. MANDATORY USE OF DISTRICT FORM AND TERMS AND

CONDITIONS: Failure to submit a bid on the official District form provided for that purpose may be cause for rejection of the bid.

Return of this complete solicitation document is required.

Modification of or additions to the General and/or Special Terms and Conditions of this solicitation may be cause for rejection of the bid;

however, the Purchasing Supervisor reserves the right to decide, on a case by case basis, in his/her sole discretion, whether to reject such a bid as non-responsive. As a precondition to its acceptance, District may, in its sole discretion, request that the Bidder withdraw or modify non-responsive portions of a bid, which do not affect quality, quantity, price or delivery schedule.

9. OFFICIAL NOT TO BENEFIT:

9.1 Each Bidder certifies by signing a bid that to the best of his/her knowledge no District official or employee having official responsibility for the procurement transaction or member of his/her immediate family has received or will receive any financial benefit relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter, as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, recession of the contract, or recovery of the cost of the financial benefit from the contractor, recipient, or both.

9.2 Whenever there is reason to believe that benefit of the sort described in the paragraph above has been or will be received in connection with the bid or contract and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, District as a prerequisite to payment pursuant to the Contractor, or at any time may require the contractor to furnish, under oath, answers to any interrogatories related to such possible benefit.

9.3 In the event the Bidder has knowledge of benefits as outline above, this information should be submitted with the bid. If the above does not apply at time of award of contract and becomes known after inception of a contract the Bidder shall address the disclosure of such facts to: Chippewa Valley Schools, Human Resources Department, 19120 Cass Avenue, Clinton Township, MI 48038. The Invitation to Bid number shall be referenced in the disclosure.

10. PRECEDENCE OF TERMS: District intends for the Contract

Documents to be consistent and they shall be interpreted to be consistent if possible. If the Contract Documents conflict, however, the controlling provision will be the one which appears highest in the following list:

• The Notice of Award or Purchase Order/Contract (highest precedence),

• Addenda,

• Specifications and drawings,

• Invitation to Bid

• The signed bid submitted by the Contractor,

• Any Special Terms and Conditions,

• These General Terms and Conditions (lowest precedence).

11. QUALIFICATIONS OF BIDDERS: Bidder shall possess the necessary equipment and experienced labor to fulfill the requirements of this ITB.

Bidder shall have been in this business full time for a minimum of 5 years. District may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to District all such information and data for this purpose as may be requested. District further reserves the right to reject any bid or proposal if the evidence submitted by, or investigations of, such Bidder fails to satisfy District that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein.

12. TIE BID: If all bids are for the same unit price (including authorized discounts and delivery times), the Purchasing Supervisor shall award the contract to the tie bidder located within District boundaries. If there are more than one such tie bid, then the Purchasing Supervisor may, in his or her sole discretion, may divide the contract among the bidders (if the solicitation provided for multiple awards), or take into account other important factors. If there are no responsive and responsible local bidders, then the Purchasing Supervisor may, in his or her sole discretion, may divide the contract among the bidders (if the solicitation provided for multiple awards), or award to the bidder(s) considered most qualified for any reason. The decision of the District to make award to one or more such bidders shall be final.

13. VENDOR REGISTRATION: All vendors desiring to provide such services to District shall register on-line at http://vendors.chippewavalleyschools.org/bids.

14. WITHDRAWAL OF BIDS OR PROPOSALS: A bid may be amended and/or withdrawn by a bidder if the request is received in writing before the due date and hour. The request must be signed by a person authorized to represent the vendor or firm that submitted the bid.

Submission of a subsequent bid, unless specifically identified as an additional bid, shall constitute the withdrawal of any prior one submitted by the same bidder on the same Invitation to Bid.

Bid Proposals shall not be withdrawn after the bid due date and time for any reason.

SPECIFICATIONS

15. QUESTIONS CONCERNING SPECIFICATIONS: Any information relative to interpretation of specifications and drawings shall be requested of District in writing, in ample time before the opening of bids.

No inquiries if received by District on or after the seventh day before the date set for the opening of bids will be given any consideration. Any material interpretation of a specification, as determined by District, will be expressed in the form of an addendum to the specification which will be sent to all prospective bidders. Oral answers will not be authoritative.

16. TESTING AND INSPECTION: District reserves the right to conduct any test or inspection it may deem advisable to ensure services conform to the specification.

17. USE OF BRAND NAMES: Unless otherwise provided in the solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which District in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, color and suitability for the purpose intended, shall be accepted. The Bidder is responsible to clearly and specifically indicate the service being offered and to provide sufficient descriptive literature and technical detail to enable District to determine if the service offered meets the requirements of the solicitation. ONLY THE

INFORMATION…