ITB 4.2425 - Repair & Services for Refrigerators, Freezers, Coolers.pdf

CHIPPEWA VALLEY SCHOOLS

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

INVITATION TO BID

Repair & Services for Refrigerators, Freezers & Coolers ITB No. 4.2425

Publish Date: July 25, 2024

Bid Opening: August 8, 2024, at 10:00 a.m.

Bid Award: August 12, 2024

19120 CASS AVENUE

CLINTON TOWNSHIP, MI 48038

Chippewa Valley Schools Repair & Services for Refrigerators, Freezers, Coolers 4.2425

SECTION I: BID OVERVIEW

Purpose

The Chippewa Valley Schools (otherwise known as “District”) Board of Education will receive bid proposals from responsive and responsible bidders for a 2-year service contract providing materials, repair and service on commercial refrigerators, freezers and milk coolers throughout the district.

The District is seeking billable hourly labor rates and mark-up percentages for parts and materials needed. Historically, this contract has an annual spending of $25,000 - $35,000. Equipment manufacturers commonly used throughout the District: Beverage-Air / ChryslerKoppin /Delfield / Manitowoc / Norlake / Traulsen / True / Victory

**This ITB does NOT include the purchase or lease of any equipment**

SECTION II: INSTRUCTIONS TO BIDDERS

1. BIDS

Bids shall be submitted in accordance with this Invitation to Bid (ITB). Sealed bids clearly labeled “Repair and Services for Refrigerators, Freezers, and Coolers ITB 4.2425” will be received by Chippewa Valley Schools until August 8, 2024, at 10:00 am EST, at which time all bids will be publicly opened and read.

It is the sole responsibility of the bidder to ensure their bid has been delivered before the due date and hour as indicated. Late bids, faxed bids and emailed bids will NOT be accepted for any reason.

Proposals will be considered firm for a period of 60 days from the bid opening date until the time of bid award.

Bidder shall submit one (1) original and 2 copies of the Bid Proposal Form, Bid Pricing Sheet, Affidavits, and all other required documentation. A copy of this Invitation to Bid package is not required to be submitted.

Proposals are to be delivered to the attention of:

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

2. ADDENDA

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. 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 bidding documents and receipt thereof shall be acknowledged on the bid proposal.

3. EXCEPTIONS

Bids shall meet or exceed all specifications herein. Any and all deviations from specifications shall be clearly detailed on Section V: Bid Proposal Form; otherwise, the bid submission will be considered in strict compliance with the specifications, and the successful Contractor will be held responsible thereof.

4. VOLUNTARY ALTERNATES

Base bids are requested in accordance with the detailed specifications; voluntary alternates are not allowed, unless indicated otherwise via Addenda.

5. WITHDRAWAL OF BIDS

A bidder may withdraw their bid at any time prior to the opening of bids. All bids shall remain firm for acceptance for a period of 90 (ninety) days beyond the bid opening. The awarded Contractor shall honor the bid pricing for a period of two (2) years.

6. REBATES AND DISCOUNTS

Bidders are encouraged to offer rebates or tier pricing based on volume thresholds.

7. BID COSTS

District shall not be responsible for any cost or expense the bidder incurs during the preparation or award of this bid.

8. BID ACCEPTANCE/REJECTION

The Board of Education reserves the right to accept or reject any or all 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 other than the lowest bidder in the sole discretion of the District.

9. BIDDER’S RESPONSIBILITY

The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the services, supplies, materials or equipment required and a representation that the bidder can furnish the service or item(s) in complete compliance with the general terms and conditions, specifications and any special provisions.

10. GIFTS, GRATUITIES OR KICKBACKS

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

11. VERBAL REPRESENTATIONS

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. SOLE BIDDER

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

13. BIDDER INTERVIEWS

District may, at its option, elect to conduct interviews with selected bidders. District is not required to hold such presentations and is not obligated to provide all bidders with such an opportunity.

14. MISREPRESENTATIONS

If it is discovered prior to an award, that a bid contains false, misleading, or otherwise inaccurate information, the bid will be immediately 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 immediately terminated without penalty to District.

15. NOTIFICATION OF AWARD

District will make available the information regarding the bid tabulation. This may be downloaded at http://vendors.chippewavalleyschools.org/admin/bids_list.asp

16. SERVICE OF PROTEST

Bidder protests may be served by an aggrieved bidder to the Purchasing & Risk Management Coordinator. Any protest shall be submitted in writing within seven (7) business days after such aggrieved person knows or should have known of the facts giving rise thereto.

http://vendors.chippewavalleyschools.org/admin/bids_list.asp

SECTION III: GENERAL TERMS & CONDITIONS

1. CONTRACTOR STATUS

Contractor is retained by District only for the purposes and to the extent set forth in this contract.

Contractor’s relation to District 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 District and shall not be considered as having employee status or being entitled to participate in any plans, arrangements or distributions of District pertaining to or in connection with any fringe, pension, workers’ compensation, unemployment or similar benefits to District 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. TAXES

District 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 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.

3. 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 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 Contractor’s cost based the schedule of values or exact cost of any work performed. The Contractor will not be reimbursed for any anticipated profit.

4. TERMINATION FOR CAUSE

If either party is in default under this contract, it shall have an opportunity to cure the default within 14 calendar 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 14 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 Agreement 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.

5. CONTRACTOR PAYMENT POLICY & PROCEDURES PAYMENT

Contractor(s) shall submit invoices to Chippewa Valley Schools, Accounts Payable, 19120 Cass Avenue, Clinton Township MI 48038. Payment will be made within 30 days after receipt of a detailed, accurate and uncontested invoice for rendered services.

6. CONFIDENTIALITY

The Contractor shall ensure that suitable measures will be taken to assure the confidentiality of District’s data and operations.

7. FREEDOM OF INFORMATION ACT

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

8. NEWS RELEASES

Contractors will at no time make news or advertising releases pertaining to the bid document or contract for any purpose without the prior written approval of, and in coordination with, District.

9. EXECUTION OF CONTRACT

The contract entered into by the parties shall consist of all parts of this Invitation to Bid including specifications, drawings, if any, including all modifications thereof, any addenda, any questions and corresponding answers, and the bid submitted by the awarded Contractor; all of which shall be referred to collectively as the Contract Documents. Bidders shall submit all product and/or service warranties, and any maintenance or license agreements for all proposed parts and services.

10. SMOKING/ALCOHOL ON SCHOOL PREMISES

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

11. PERMITS, FEES, LICENSES AND INSPECTIONS

At its own expense, Contractor 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. Contractor shall deliver required certificates of inspection and approvals to District.

12. PROTECTION OF BUILDINGS, EQUIPMENT, AND VEGETATION

If the Contractor's failure to use reasonable care causes damage to any of the District’s property, the Contractor shall replace or repair the damage at no expense to the District as the Purchasing & Risk Management Coordinator directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

13. WORKER PROTECTION

The Contractor shall take necessary precautions for the safety of employees performing the work, and shall comply with all applicable provisions 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. 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.

14. 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 District to revoke and otherwise terminate the contract and all obligations of the District there under.

15. 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 District 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.

16. INSURANCE REQUIREMENTS TO BE MET BY THE SUCCESSFUL CONTRACTOR

Contractor agrees, at its sole cost and expense, to purchase, prior to the commencement of services, and maintain the following insurance coverages 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 District.

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 / completed operations coverage;

limits of $50,000 for any one fire damage and $10,000 any one person medical payments.

b. Workers’ Compensation Statutory Coverage and Limits

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

d. Automobile Liability with limits of one million dollars ($1,000,000) each occurrence combined single limit of liability for bodily injury, death, and property damage, including owned, hired and non-owned automobile coverages, as applicable.

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

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. OSHA/MIOSHA

The Contractor shall abide by all OSHA/MIOSHA Local, State, Federal and District’s Safety Requirements.

19. ASBESTOS

No materials/products containing asbestos shall be used or installed. The Contractor shall supply upon completion of the work and before final payment, a signed letter stating that no asbestos containing materials/products were used for the project. In the event that asbestos is discovered by the Successful Bidder during the scope of work, then all work shall cease immediately, and District’s Food Service Director shall be notified.

20. LEAD-CONTAINING MATERIALS

The intent of this section is to formally notify all contractors and subcontractors applying for or bidding on work covered within this specification that, due to the age of the facilities within this District, there is the presumption that building components do contain lead-based paint pursuant to OSHA definition. The District has not conducted lead-based paint inspections. As a result, bidders shall assume that building components do contain lead-based paint.

Furthermore, all awarded contractors and subcontractors shall be responsible to comply with all applicable Federal and Michigan State lead regulations including, but not limited to, 29 CFR Part

1926.62 of the OSHA Lead Construction Standard, (Part 603 of the Michigan State Standards). All costs associated with regulatory compliance shall be borne by the Contractor and/or sub-contractor.

21. ELECTRICAL POWER TOOL AND EQUIPMENT

All electrical power tools and equipment used shall meet or exceed the requirements of Underwriters Laboratory (U.L.). Each piece shall have the U.L. label affixed in a conspicuous place.

22. RIGHT TO COMPLETE

In the event the Contractor shall fail, neglect, or refuse to perform any and all services under this contract, District 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, District reserves the right to contract out for failed services and charge the Contractor for the services rendered.

23. ASSIGNMENT OF CONTRACT

The Contractor shall not assign, transfer, or dispose of the contract or any part thereof without the prior written consent of District.

24. GENERAL INDEMNIFICATION AND HOLD HARMLESS:

Contractor agrees to indemnify, defend and hold harmless District, 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. District 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.

25. 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 District with the work product of another proposed to be used by the Contractor.

Contractor agrees to indemnify, defend and hold harmless District, 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 District arising from any claims of violation of any copyright, patent or trade secret by any third party resulting from Contractor’s or District’s 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. District retains the right to offset against any amounts owed Contractor hereunder or any such monies expended by District in defending itself against such claims.

26. 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 District with the following information:

a. Material Safety Data Sheets (MSDS) on all chemicals your company provides and uses.

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

27. USE OF WARRANTY BENEFITS

Contractor shall coordinate with District to take full advantage of manufacturer provided warranties for part replacement and repair services.

28. CLEAN WORKAREA

Contractor shall clean up all debris and rubbish resulting from his work each day. The premises shall be left in a neat, safe, unobstructed condition every day, regardless of if the work has been fully completed.

29. 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 Macomb County, Michigan.

30. CONFLICT OF INTEREST

District will not enter into a contract to furnish materials or services to District where a board member, administrator, building administrator, or employee involved in the contracting process has a substantial interest in the proposed contract except as provided in s380.634(5) of the Revised School Code. A “substantial conflict of interest” means a conflict of interest on the part of an intermediate school board member or intermediate school district administrator in respect to a contract with the intermediate 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 District shall contain a provision to the effect that if subsequent to entering into the contract a District Board member, administrator, building administrator or employee involved in the contracting process shall develop a substantial interest in the contract, District shall have the right to terminate the contract without further liability if the disqualification has not been removed within thirty (30) days after District provides notice of the disqualifying interest.

31. ENTIRE AGREEMENT

This contract constitutes the entire agreement between the District and the Contractor, and it supersedes any prior communications, representations, or agreements of any kind. This contract may not be modified except in writing signed by both parties.

32. MODIFICATIONS

The contract may be modified in accordance with the following procedures. In the event that all parties to the contract agree that such changes would be of a minor and nonmaterial nature, such changes may be affected by a written statement which describes the situation and signed, prior to the effectiveness, by all parties. In the event that the changes are determined by either or all parties to the contract to be of a major or complex nature, then the change shall be by formal amendment of the contract signed by the parties and made a permanent part of the contract.

33. IRAN ECONOMIC SANCTIONS ACT

The Iran Economic Sanctions Act (Public Act 517 of 2012) mandates that an Iran Linked Business is not eligible to submit a bid with District. The Act also requires that a person that submits a bid in response to a District request 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 District.

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 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;

b. 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 District determines, using credible information available to the public, that a person or entity has submitted a false certification, District 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.

SECTION IV: SPECIAL TERMS & CONDITIONS

1. CONTRACT TERM

The anticipated term of the contract is for two (2) years beginning on September 1, 2024 through August 31, 2026, with options to renew for an additional three (3) years in one (1) year increments.

Pricing proposed as part of the solicitation process would remain fixed and in effect for the duration of the agreement. We are also asking for maximum price escalators for the additional three (3), one

(1) year possible extensions. Price increases will be agreed upon by both parties, upon thirty (30) days written notification to the District’s Purchasing & Risk Management Coordinator.

a. CONTRACT EXTENSION OPTION

The District may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the District gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the District to an extension.

b. If the District exercises this option, the extended contract shall be considered to include this option clause.

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

2. CONTRACTOR USE OF SECOND EMPLOYEE

It is the District’s expectation that Contractor shall bill the District for one worker per job.

Contractor shall obtain District’s prior approval before authorizing a second worker for any work to be billed to the District.

The District understands that the Contractor may at times employ an apprentice employee who is being trained under an experienced employee. The Contractor shall not bill the District, however, for any apprentice labor costs.

3. WARRANTY

Bidder shall provide written warranty that includes a minimum of one (1) year for equipment, parts and labor.

4. DOCUMENTATION FOLLOWING AWARD

Within ten (10) 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 ITB.

b. Execute authorized signatures on the Contract Agreement.

If the Awarded Bidder refuses or fails to submit the required documents within the ten (10) business day period, District will consider the Bidder to have abandoned all rights and interest in the contract award. Consequently, the work may be awarded to another Bidder.

5. STORM WATER PERMIT

While performing work involving grounds maintenance and/or the construction/maintenance of any infrastructure, including roads, water mains, sanitary sewers, storm drains and storm water best management practices (BMPs), Contractor shall minimize pollution from storm water runoff that can affect water quality related to work activities. Pollutants that could impair water quality may include fuel, grease and oil, nutrients, bacteria and pathogens, litter and debris, and soil erosion and sedimentation. Applicable BMPs shall be implemented by the Contractor to the maximum extent practicable to protect water quality and wildlife habitat.

SECTION V: BID PROPOSAL FORM

BID PACKAGE: Repair & Services for Refrigerators, Freezers, and Coolers for Chippewa Valley Schools ITB 4.2425

DUE DATE: August 8, 2024, 10:00 a.m. local time.

DELIVERY TO: Chippewa Valley Schools

ATTN: Lillian Grayson, Purchasing Coordinator 19120 Cass Avenue

Clinton Township, MI 48038

AGREEMENTS

The undersigned understands that the District reserves the right to reject any and all bids and to waive informalities and irregularities in bidding. District also reserves the right to hold bids for a period of 90 days from bid opening date.

The District reserves the right to accept or reject any or all Bids in whole or in part, or to waive any informality therein. If in the District’s opinion it is in their best interest, the contract may be awarded to other than the lowest bidder, for quality of the supplies and services, delivery time, fill rate, etc.

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

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

My signature also certifies that this firm has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to Chippewa Valley Schools, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal

INSTRUCTIONS FOR SUBMITTING BID - Bidder is required to submit one (1) original and two (2) copies of bid proposal. Submit only the following completed forms with your bid. Chippewa Valley Schools requires bidders to submit information ONLY on Forms provided through this bid.

1. Bid Proposal Form, including pricing

2. School Safety Affidavit

3. Familial Disclosure Affidavit

4. Iran Sanctions Affidavit

5. W9 Form

6. Certificate of Liability Insurance

7. Any Required Professional Licenses and Certifications

Failure to submit the forms/information listed above may be cause for disqualification of bid. Do not include unsolicited information such as pamphlets, company form letters, etc. with your bid.

relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to Chippewa Valley Schools, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with Chippewa Valley Schools.

I have read and understand the bid proposal, and any issued addendums, including bid requirements, terms and conditions, and Contractor requirements and specifications, which are integral parts of the terms of this contract.

The undersigned agrees to execute a Contract for work covered by this proposal provided that he/she is notified of its acceptance within ninety (90) days after date of proposal. I hereby certify that I am authorized to sign as a Representative for the Firm.

Company Name:

Address:

Name of Contact Person:

Title:

Phone:

E-Mail:

LEGAL STATUS OF BIDDER

A Company organized and existing under the laws of the State of ______________________

ADDENDA

The undersigned acknowledges receipt of the following addenda, if issued by the District:

Addendum Number _____dated_________ Addendum Number _____dated_________

REFERENCES

List the names of three references, preferably school districts other than Chippewa Valley Schools for similar sized projects.

Name of School District:_______________________________________________________

Contact Person:_________________________________ Phone No:____________________

Name of School District:_______________________________________________________

Contact Person:________________________________ Phone No:_____________________

Name of School District:_______________________________________________________

Contact Person:_________________________________ Phone No:____________________

BID PRICING FORM

Type of Service

Hourly Billable Rates, firm for 2 years

Work Day 7 am – 5 pm

Second/Third Shift

5 pm – 7 am

Weekend 12 am – 12 pm

Holiday 12 am – 12 pm

Refrigerator

Walk-In Refrigerator

Freezer

Walk-In Freezer

Beverage/Ice Cream Coolers

Milk Coolers

Maximum Price Escalator if Contract is extended additional years:

Year 3 - % Increase

Year 4 - % Increase

Year 5 - % Increase

Destination / Trip Charge

Maximum one / day

Material Mark Up

EXCEPTIONS: Bidder must detail any exceptions or deviations from bid requirements or any terms and conditions below:

AFFIDAVIT OF BIDDER

(COMPLIANCE WITH SCHOOL SAFETY INITIATIVE LEGISLATION)

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

BIDDER: ________________________________

By: ____________________

Its: ___________________

STATE OF __________ )

COUNTY OF ________________ )

This instrument was acknowledged before me on the ________ day of ___________________, 2024, by __________________________.

, Notary Public

__________________ County, ____________

My Commission Expires:__________________

Acting in the County of : __________________

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

AFFIDAVIT OF BIDDER

FAMILIAL DISCLOSURE

Pursuant to MCL 380.1267, a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the Chippewa Valley Schools Board or the Chippewa Valley Schools Superintendent shall be accompanied with the Proposal.

Bids and Proposals without this disclosure statement will not be accepted.

The members of the Chippewa Valley Schools Board of Education are: Mr. Kenneth Pearl, Ms. Denise Aquino, Mr. Shannon King, Mr. Bruce Wade, Mr. Christopher Gura, Mr. George Sobah, and Mr. Robert Wojtowicz. The Chippewa Valley Schools Superintendent is Mr. Ronald Roberts.

□ The following are the familial relationship(s):

Owner/Employee Name Related to Relationship

1. _______________________ _____________________ ______________________

2. _______________________ _____________________ _______________________

3. _______________________ ______________________ _______________________

Attach additional pages if necessary to disclose all familial relationships.

□ There is no familial relationship that exists between the owner, officer, director or administrator of Bidder, or any employee of Bidder who is involved in this procurement and contracting process, and any board member, administrator or employee of Chippewa Valley Schools, or any family member of any board member, administrator, or employee of Chippewa Valley Schools.

The undersigned, the owner or authorized representative of Bidder _____________________________ does hereby represent and warrant that the disclosure statements herein contained are true.

Signature of Bidder Representative Print Name Title

STATE OF __________ )

) ss

COUNTY OF ________________ )

This instrument was acknowledged before me on the _________ day of _______________, 2024, by

, Notary Public

_________________County, _____________

My Commission Expires:_____________________

Acting in the County of: ____________________

AFFIDAVIT OF COMPLIANCE

IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of _____________________ (the “Contractor”), pursuant to the compliance certification requirement provided in the Chippewa Valley Schools’ (the “School District”) Request For Proposals, hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned Request For Proposal, the Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the contract.

The Contractor further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine.

Moreover, any person who submitted a false certification shall be ineligible to bid on a Request for Proposal for three (3) years from the date that it is determined that the person has submitted the false certification.

Bidder: ______________________________ Print Name

By: _________________________________

Its: _________________________________

STATE OF __________ )

) ss

COUNTY OF ________________ )

This instrument was acknowledged before me on the _________ day of ___________________, 2024, by __________________________.

, Notary Public

__________________ County, ____________

My Commission Expires: ______________

Acting in the County of: _______________

CONTRACT ACKNOWLEDGMENT

Repair and Services for Refrigerators, Freezers, and Coolers

ITB 4.2425

CONTRACT PERIOD: September 1, 2024 through August 31, 2026, with the option of three (3) annual contract extensions upon mutual written agreement.

SECTION I. Conditioned upon Contractor being awarded by the Chippewa Valley School Board of Education, or award being made administratively, the bid items set out in ITB 4.2425, and upon order of the Township of Clinton, Michigan, Contractor does hereby agree to provide professional services to Chippewa Valley Schools in accordance with the terms of Contractor's submitted Bid Proposal and the Specifications in above referenced ITB, the services listed in the ITB as awarded to Bidder in the Board of Education resolution awarding such bid to Contractor.

Execution of said Resolution shall evidence Chippewa Valley Schools’ acceptance of this contract.

SECTION II. Chippewa Valley Schools agrees to pay Contractor at the prices listed in the Bid Pricing Sheet and with payment being subject to any discount terms stated upon the Bid Proposal and Specifications, and subject to any payment terms contained elsewhere within this contract and its attachments.

SECTION III. Contractor agrees to maintain the minimum insurance limits as indicated in ITB document: Chippewa Valley Schools shall be listed as additional insured on these policies.

SECTION IV. Contractor shall at all times adhere to all current and future state and federal laws and requirements as it relates to working with a public Michigan K-12 school district. Contractor also confirms that participation in this agreement is not the result of collusion or any act of fraud. Contractor has also disclosed any and all familial relations to employees or Board of Education at Chippewa Valley Schools.

SECTION V. It is understood that the following documents: the Legal Notice, the Advertisement to Bid, the ITB, any issued addendums, and Contractor’s Proposal are hereby made a part and parcel of this contract and incorporated herein for all purposes.

SECTION VI. The date of any payment shall be determined by calculating the number of days after receipt of invoices from Contractor, or after reasonable verification herein provided, whichever is later.

SECTION VII. Venue of any court action brought directly or indirectly by reason of this contract shall be in Clinton Township, Michigan. This contract is established in Clinton Township, Michigan.

SECTION VIII. If Contractor fails in any manner to fully perform each and all of the terms, conditions and covenants of this contract, he shall be in default and notice of default shall be given to Contractor by the Purchasing Supervisor of Chippewa Valley Schools. Chippewa Valley Schools reserves the right to terminate or cancel this contract, in whole or in part, immediately for due cause or upon thirty days’ notice for convenience.

Company Name ____________________________ Chippewa Valley Schools__ ____________ :

Name____________________________________________

Name ______________________________________

Title_____________________________________________

Title _______________________________________

Signature _________________________________

Signature ___________________________________

Email ____________________________________

Date____________________________________________

Email _______________________________________

Date________________________________________