Keller ROHS Casework Bid_Part1.pdf

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Attached to
Keller Elem and Royal Oak High School Casework Replacement
Solicitation number
RFP ROY 210000000569 1
Issued by
Macomb County, Michigan

About this file

This is a Request for Proposal issued by Royal Oak Schools, a school district in Michigan, for casework replacement at two facilities: Keller Elementary School and Royal Oak High School. The project involves furnishing all materials and labor for casework installation according to attached drawings and specifications. Sealed bids are due by 1:30 PM Local Time on Thursday, January 21, 2021, with public bid opening immediately following the deadline via virtual meeting. A non-mandatory pre-bid meeting is scheduled for Monday, January 11, 2021 at 3:00 PM at Royal Oak High School. The projected contract award date is February 11, 2021, with project commencement on June 21, 2021 and substantial completion by August 27, 2021, with final completion by September 2, 2022. Normal work hours are 7:00 AM to 4:00 PM Monday through Friday. Failure to complete punch list and closeout documents by final completion will result in penalties of $500 per day.

Bidders must be reputable organizations with at least five years of successful experience on similar work and may receive consideration as local vendors if they are taxpayers in the district. A bid bond, certified check, or money order equal to 5% of the proposal amount must accompany each bid. Performance and payment bonds in the amount of 100% of the full contract sum are required within 14 days of award notification. Contractors must maintain comprehensive general liability insurance with a minimum combined single limit of $1,000,000 per occurrence, workers' compensation insurance with statutory limits, and automobile liability insurance. The bid amount must include all costs, freight, sales tax, delivery, installation, and daily cleanup and disposal of debris. All installation personnel, including subcontractors, must undergo criminal history and background checks within one year of project start and before work begins. The contractor is responsible for obtaining all permits, licenses, and complying with lead-based paint and asbestos regulations, with all compliance costs borne by the contractor. Bidders must include a $10,000 allowance in the base bid for the owner's discretion.

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Royal Oak Schools

Request for Proposal January 4, 2021

The Royal Oak Schools (also referred to the District or ROS in these documents) will accept sealed bids for:

Keller Elementary School and Royal Oak High School – Casework Replacement as described in the attached specifications. Sealed bids are due no later than 1:30 PM Local Time Thursday, January 21, 2021. A non-mandatory pre-bid meeting will be held on Monday, January 11, 2021 at 3:00 PM Local Time at Royal Oak High School located at 1500 Lexington Blvd., Royal Oak, MI, 48073. We will meet at the front door. Bid documents are available online by going to the District’s web site, www.royaloakschools.org and clicking on District/Departments/Finance & Current Bids. Bid documents will be placed on Buildingconnected.com with the following link:

https://app.buildingconnected.com/public/5cc9d7f637c1a90018cb55dc .Bidders are encouraged to visit the site. The following link is for instructions for Buildingconnected.com:

https://buildingconnected.zendesk.com/hc/en-us/categories/360001889773-Getting-started-for-subcontractors

Sealed bids should be submitted through Buildingconnect.com with the following link:

https://app.buildingconnected.com/public/5cc9d7f637c1a90018cb55dc . No physical bids will be accepted in person or via delivery service. Bids are to be submitted no later than 1:30 PM Local Tine Thursday January 21, 2021. The District will not consider or accept a bid received after the date and time specified for bid submission. Bids will be publicly opened immediately following the close of receiving bids with the following virtual meeting link: meet.google.com/axf-rqjv-fab or phone number (636) 498-4331 PIN: 381 342 848. No oral, email, telephonic or telegraphic proposals shall be considered.

The Board of Education reserves the right to accept or reject any or all bids in whole or in part;

or, for reasons of establishing uniformity, delivery time or preference, to award the contract to other than the low bidder.

The contents of RFP and Bidder’s (also referred to as Contractor in these documents) Proposal will become contractual obligations if a contract ensues. Failure of the Bidder to accept these obligations will result in cancellation of the award. Award of a contract by the District is subject to the Contractor executing a Contract, which shall incorporate the contents of this RFP and the Contractor’s Proposal and final approval if the same by the District’s legal counsel.

In compliance with MCL 380.1267, the bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the board, or the superintendent of the school district. The bid shall also be accompanied by a sworn and notarized statement disclosing whether the bidder is an Iran Linked Business in compliance with PA 517 of 2012. The Board shall not accept a bid that does not include these sworn and notarized disclosure statements.

Certified check, money order or Bid Bond must accompany each proposal by an approved surety company in an amount not less than 5% of the proposal amount. All bids shall be firm for at least sixty (60) days from the date of opening of bids. Length of time required for completion shall be specified in the bid. All bids submitted must meet or exceed all specifications herein.

Bids are to be submitted on our Bid Proposal Form through Buildingconnect.com with the following link:

https://app.buildingconnected.com/public/5cc9d7f637c1a90018cb55dc

Any questions should be referred to Mark Paulus, Owner’s Representative, 248-880-6791.

ROYAL OAK SCHOOL DISTRICT Business Office Page 2 Keller Elementary School and Royal Oak High School

Casework Replacement - Bid

INSTRUCTIONS TO BIDDERS

GENERAL CONDITIONS:

1. Proposal/Intent Furnish materials and labor to provide all materials and installation associated with the attached drawings and specifications.

Manufacturers’ numbers are shown for convenience in identifying items.

Manufacturers’ description constitutes requirements for each such item or component.

Use of Manufacturers’ numbers and other requirements set forth in Specifications are not intended to preclude use of any other approved manufacturer’s products or procedures which may be equivalent, solely as determined by the Owner, but are given for the purpose of establishing standards for design, function and quality of materials, construction and workmanship.

2. Types of Proposals See bid proposal form.

3. Receipt of Bids Bids should be submitted through Buildingconnect.com with the following link:

https://app.buildingconnected.com/public/5cc9d7f637c1a90018cb55dc . No physical bids will be accepted in person or via delivery service. Bids are to be submitted no later than 1:30 PM Local Time Thursday January 21, 2021. The District will not consider or accept a bid received after the date and time specified for bid submission. Bids will be publicly opened immediately following the close of receiving bids with the following virtual meeting link: meet.google.com/axf-rqjv-fab or phone number (636) 498-4331 PIN: 381 342 848#. No oral, email, telephonic or telegraphic proposals shall be considered.

4. Bidders’ Qualifications Bidders shall be able to demonstrate the following:

Shall be reputable, recognized organization with at least five (5) years successful experience on work of this type & scope, of equal or better quality than this project.

The District, as part of the bidder’s qualifications, can include as part of the criteria for determining which vendor to recommend to the Board, information on whether the vendor or the owner is a taxpayer in the District (local vendor consideration). Bid form has a place for the bidder to indicate if they fall within this criterion. If necessary, the District will ask for information documenting this bidder’s status after the bid opening.

5. Warranty Contractor shall warranty materials and installation of all components for a period of 18 months from date of acceptance by the owner of job completion.

6. Project Meeting

Pre-job conference to be scheduled within five (5) days after award, to be determined by Mark Paulus, Owner’s Representative at (248) 880-6791.

Page 3 Keller Elementary School and Royal Oak High School

7. Work Schedule Contract Award: February 11, 2021 Project Start: June 21, 2021 Substantial Completion: August 27, 2021 Normal Work Hours: 7:00 AM to 4:00PM Monday through Friday Final Completion: September 2, 2022

Failure to close out the project including but not limited to punch list permit finalization and closeout documents from final completion shall result in a penalty of $500 per day.

8. Clean-up and Disposal The Contractor shall be responsible to clean-up all debris and dispose of it off-site.

This MUST BE DONE DAILY. If the District has to provide clean up after contractors, there will be a $500 per event fee in addition to disposal costs.

9. Damage Repair Survey of the site will be conducted, and documented by the contractor, to determine current site conditions. Survey to be provided to the District prior to the start of construction. Contractor shall be responsible to repair any damage to the site, which occurs during this project.

Contractors and their Sub Contractors shall park their work vehicles in the area(s) designated for parking. Contractors and their Sub Contractors shall not park or drive on sidewalks or landscape areas. Failure to repair, District will complete, and Contractor will be responsible for all costs. There will also be a $500 fee assessed for any vehicles that are documented to be parking on sidewalks or landscape areas.

10. Submittal of Bid Before submitting a bid, bidders shall carefully read all the bid documents in order to avoid omission or duplications. To ensure a complete project, bidders shall visit the premises, verify site conditions and conditions under which work under the contract must be conducted. Submission of a bid signifies that the bidder has visited the project premises, has made examinations and verifications and is fully conversant with all conditions under which the work is to be performed. No claims for additional compensation will be considered or paid to the successful bidder, due to said successful bidder’s failure to be so informed.

Any exceptions to the terms and conditions contained in this RFP or the form Contract attached to this RFP, if there is one attached, or any other special considerations or conditions requested or required by the bidder MUST be specifically enumerated by the bidder and be submitted and accepted prior to the bid due date, together with an explanation as to the reason such terms and conditions of this RFP or form of Contact cannot be met by, or in the bidder’s opinion should not be applicable to, the bidder.

The bidder shall be required and expected to meet the bid documents and the requirements as set forth in this RFP and the form of Contract in their entirety, except to the extent exceptions or special considerations or conditions are expressly set forth in the bidder’s Proposal and those exceptions or special considerations or conditions are expressly accepted by the District.

Bids are to be submitted on our Bid Proposal Form through Buildingconnected.com w/the following link: https://app.buildingconnected.com/public/5cc9d7f637c1a90018cb55dc

Page 4 Keller Elementary School and Royal Oak High School

11. Familial Relationship All bidders must provide familial disclosure in compliance with MCL 380.1267 and attach this information to the bid. The bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the board or the superintendent of the school district. The District shall not accept a bid that does not include this sworn and notarized disclosure statement.

12. Iran Economics Sanctions Act Each bid must be accompanied by a sworn and notarized statement certifying that the Contractor is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, PA 516 of 201.

13. Withdrawal of Bids Any bidder may withdraw his bid at any time prior to the scheduled time for receipt of bids. No proposals may be withdrawn for at least sixty (60) days after the scheduled closing time of the bid.

14. Firm Prices Prices and notations must be typed or in ink. No erasures are permitted. Mistakes may be crossed out and corrections entered and initialed, in ink, by the person signing the proposal.

In the event of discrepancy between the unit price and the extension, the UNIT PRICE SHALL GOVERN. The price inserted must be net including all freight, discounts, rebates, and allowances.

15. Permits, Fees, Regulations and Taxes The Contractor shall obtain and pay for all permits, assessments, fees, bonds, and other charges as necessary to perform and complete the work of this contract, including disconnection charges, capping and unplugging utilities.

The Contractor shall be responsible for obtaining all permits and licenses necessary for the proper completion of project. Permits and licenses are available from the appropriate agencies having jurisdiction. The Contractor shall give all notices, pay all fees and comply with all laws, ordinances, rules and regulations bearing on the work.

At the completion of the project, the contract will provide to the District all paperwork related to the full execution of the permits(s), including all payments and inspections.

If any of the work of the Contractor is done contrary to such laws, ordinance rules and regulations without such notice, he shall bear all costs arising therefrom. The Contractor shall include all cost and taxes in its bid and make proper provisions for payment of all other State and Federal applicable taxes, fees or other costs.

The bid amount shall INCLUDE sales tax.

16. Delivery/Installation Time of delivery is part of the consideration. It is understood that the bidder agrees to deliver prepaid to the schools, specified from the resulting contract, all items. All cost of delivery, drayage, freight, packing, unpacking, and setup are to be included in the prices bid.

Page 5 Keller Elementary School and Royal Oak High School

The Contractor is responsible for removing from the project all waste materials and rubbish resulting from his operations and installation including all packing cartons and debris. Removal is to occur on a daily basis. Failure to do so will result in the Owner doing so and the cost thereof shall be charged to the Contractor as a deduction in his contract price.

The Contractor shall provide an adequate number of qualified, experienced installers, in harmony with other works at the site.

17. Bonds Bid Bond, money order or certified check, for an amount not less than five (5%) percent of the amount of the bid, must accompany each bid. The check or bond of each unsuccessful bidder will be returned within ten (10) days after the bid is awarded.

Failure of any accepted bidder to enter into a contract to complete the specified work may forfeiture of his bid security. Failure to submit proper bid security shall constitute rejection of bid.

Performance Bond/Payment Bond

Within fourteen (14) days after date of issuance of written notice of selection for the award of a contract, which shall be considered as the notice to proceed, the successful bidder shall enter into a contract with the Owner and shall execute and file with the Owner, the following in the amount 100% equal to full contract sum.

The Performance Bond must insure the faithful performance of all provisions of the contract and satisfactory completion of the specified work, within the time agreed upon.

The Payment Bond must insure the payment and protection of claimants supplying labor or materials to the principal contractor or his subcontractors in the prosecution of the work provided for in the contract. The successful contractor’s bond company must be listed by the State of Michigan as a licensed carrier and have an excellent or superior rating from AM Best Company.

18. Safety Under the “General Conditions of the Contract for Construction” of the contract to be awarded, the Contractor;

a. shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures;

b. shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the contract;

c. shall take reasonable precautions for safety of all persons who may be affected, including employees of the Contractor and Subcontractor; and

d. shall have an accident prevention representative at the site.

e. Shall have and follow their Corporate Safety Plan/Program

The general conditions of the contract for construction and the agreement also require that the Contractor indemnify the Owner, its officers, agents, servants, volunteers and employees in the event of certain claims arising out of the performance of the work.

Page 6 Keller Elementary School and Royal Oak High School

19. Insurance Requirements The Contractor shall protect, defend and indemnify the Owner, its officers, agents, servants, volunteers, and employees from any and all liabilities, claims, liens, demands, and costs of whatsoever kind and nature which may result in injury or death to any persons, and for any result in injury or death to any person, and for loss or damage to any property, including property owned or in the care, custody, or control of the Owner in connection with or in any way incident to or arising out of the occupancy, use, with this Agreement resulting in whole or in part from negligent acts or omissions of the Contractor, any Subcontractor, or any employee, agent or representative of the Contractor or any Subcontractor.

The Contractor shall maintain, at its expense, during the term of this contract the following insurance:

a. Worker’s Compensation Insurance with statutory limits and Employer’s Liability Insurance with a minimum limit of $1,000,000 each occurrence.

b. Comprehensive General Liability Insurance with a minimum combined single limit of $1,000,000 per occurrence, $1,000,000 aggregate, in the same amount made for bodily injury and property damage. The policy is to include products and completed operations, cross liability, broad form property damage, independent contractors, and contractual liability coverage. The policy shall be endorsed to provide sixty (60) days written notice to the District of any material change of coverage, cancellation, or non-renewal of coverage.

c. If Subcontractors are likely to be used, the Comprehensive General Liability policy shall include coverage for independent Contractors.

d. Owner’s Contractor’s Protective Policy-comprehensive in the name of the Owner, with a minimum combined single limit of $1,000,000 per occurrence in the same amount for bodily injury or property damage.

e. Automobile Liability insurance covering all owned, hired, and non-owned vehicles with personal protection insurance and property insurance to comply with the provisions of the Michigan no-fault Insurance Law, including residual liability insurance with a minimum combined single limit of $1,000,000 each occurrence of bodily injury and property damage.

f. All insurance policies shall be issued by companies licensed to do business in the State of Michigan. The companies issuing the policies must be domestic (on-shore) companies and have an A rating by AM Best.

g. The Contractor shall be responsible for payment of all deductibles contained in any insurance policy required in this contract.

21. Compliance with School Safety Initiative Legislation Meeting the requirements of the School Safety Initiative Legislation, being MCL 380.1230, 380.1230a, 380.1230c, 380.1230d and 380.1230g.

Page 7 Keller Elementary School and Royal Oak High School

The Bidder acknowledges and agrees that the Bidder will have any and all its installation personnel (including sub-contractors) subjected to criminal history and background checks. Criminal history and background checks will be done within a year of the beginning of the project and should be completed before worked begins on this project.

The Bidder is required to provide written documentation for all on site personnel. The documentation will also verify that none of the personnel have a “listed offense” as indicated below. This documentation is to be provided before the beginning of the project and updated as necessary for any additions or subtractions from the list as long as the project lasts.

The Bidder shall indemnify, defend and hold the District, its employees, Board of Education, and each member thereof, agents and consultants, harmless from and against any and all claims, counter-claims, suits, debts, demands, actions, judgments, liens, liabilities, costs, expenses, including actual attorney’s fees and actual expert witness fees, arising out of or in connection with any violation of, or the Bidder’s failure to comply with the above paragraphs.

The Bidder shall be responsible for all costs and expenses associated with the above-required criminal history and background checks.

LISTED OFFENSES

a. MCL 750.145a - Accosting, enticing or soliciting child (less than 16 years of age) for immoral purposes.

b. MCL 750.145b - Accosting, enticing or soliciting child (less than 16 years of age) immoral purposes – second or subsequent offenses.

c. MCL 750.145c - Involvement in child sexually abusive activity or material, including possession of child sexually abusive material (“child” is a person less than 18 years of age who has not been legally emancipated.)

d. MCL 750.158 - Crime against nature (i.e., sodomy and beastiality) if the victim is an individual less than 18 years of age.

e. A third of subsequent violation of any combination of the following:

i. MCL 750.167(1)(f) - indecent or obscene conduct in a public place;

ii. MCL 750.335a - indecent exposure;

iii. A local ordinance of a municipality substantially corresponding to a section described in (a) or (b), supra.

f. Except for juvenile disposition or adjudication, a violation of:

i. MCL 750.338 - gross indecency between males; fellatio or masturbation;

ii. MCL 750.338a - gross indecency between females; oral sex;

iii. MCL 750.338b - gross indecency between male and female persons;

iv. if the victim is an individual less than 18 years of age.

g. MCL 750.349 - Kidnapping, if victim is an individual less than 18 years of age.

h. MCL 750.350 - Kidnapping; child under 14 years of age with intent to detain or conceal from child’s parent or legal guardian.

i. MCL 750.448 - Soliciting or accosting by a person 16 years of age or older, if victim is an individual less than 18 years of age.

j. MCL 750.455 - Pandering

k. MCL 750.520b - First degree criminal sexual conduct.

l. MCL 750.520c - Second degree criminal sexual conduct.

Page 8 Keller Elementary School and Royal Oak High School

m. MCL 750.520d - Third degree criminal sexual conduct.

n. MCL 750.520e - Fourth degree criminal sexual conduct.

o. MCL 750.520g - Assault with intent to commit criminal sexual conduct.

p. Any other violation of a law of the state or a local ordinance of municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.

q. MCL 750.10a - Offense by sexually delinquent person (i.e., “any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sexual relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16”).

r. An attempt or conspiracy to commit an offense described in (1) through (17).

s. An offense substantially similar to an offense described in (1) through (17) under a law of the United States, any state, or any country or any tribal or military law.

22. Termination by the District for Convenience The District may, at any time, terminate the Contract for the District’s convenience and without cause.

Upon receipt of written notice from the District of such termination for the District’s convenience, the Contractor shall:

a. Cease operations as directed by the District in the notice;

b. Take actions necessary, or that the District may direct, for the protection and preservation of the Work; and

c. Except for Work directed to performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further Subcontracts and purchase orders.

23. Bids, Notifications, Claims and Statements shall be signed as follows:

The person who has signed the proposal form shall have the authority to do so under the structure of the Bidder.

24. Owner Is An Equal Opportunity Employer The Owner is an Equal Opportunity Employer. Pursuant to the Executive Order 11246 as amended, you are advised that under the provisions of this order, Contractors and Subcontractors are obligated to take affirmative action to provide equal opportunity without regard to race, creed, color, national origin, age or sex.

25. Michigan Right to Know Law Royal Oak Schools will comply with the Michigan Right to Know Law by informing Contractors of hazardous chemicals to which they may be exposed. All Contractors will be required to provide Material Safety Data Sheets for any hazardous chemicals brought to the workplace. The Contractor shall comply with all applicable provisions of the Occupational Safety and Health Act for the duration of the specified work.

Page 9 Keller Elementary School and Royal Oak High School

26. Asbestos Hazard Emergency Response Act As required by the Environmental Protection Agency Asbestos Hazard Emergency Response Act, each school district is responsible for providing contractors with information regarding locations of known or assumed asbestos containing material prior to the Contractor entering a building under the school district’s jurisdiction. The successful bidder will be required to complete the school district’s Contractor Notification forms.

27. Notification of Assumed Lead-Containing Materials

The intent of this section is to formally notify all Contractors and Sub-Contractors 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, all Contractors and Sub- Contractors bidding must assume that building components do contain lead-based paint.

Furthermore, all awarded Contractors and Sub-Contractors 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.

28. General Conditions The District reserves the right to accept or reject any or all proposals, to waive irregularities, and to accept a proposal which, in the District’s opinion, is in the District’s best interest.

The District reserves the right to declare as non-responsive, and reject, any bid which is incomplete or where material information requested in not furnished, or where indirect or incomplete answers or information is provided.

In the event, the Administration Building is closed due to unforeseen circumstances on the day Proposals are due, Proposals will be due at the same time on the next day that the District and/or the Administration Building is open.

Negligence in preparation, improper preparation, errors in, or omissions from, proposal shall not relieve a bidder from fulfillment of any and all obligations and requirements of the proposed Contract Documents.

The District expects that the awarded bidder will complete the work as outlined in the bid documents for the amount bid by the bidder. Any additional costs above the amount bid and awarded, must be approved by the District in advance of any work.

Voluntary alternates for bids are acceptable but should NOT be put in the space for the Base Bid on the Bid Response Form but on an attached sheet, clearly labeled Voluntary Alternative. Such Alternates should be described in enough detail for the District to understand the Bidder’s intent.

Owner may choose to conduct testing to verify correct products and installation. If the materials and installation are found not to be per spec, Owner will require subsequent tests to be performed by Owners testing company at contractors’ expense.

Page 10 Keller Elementary School and Royal Oak High School

No responsibility shall attach to the District, or the authorized representatives of either one, for the premature opening of any proposal, which is not properly addressed and identified.

Include in your base bid for an allowance of $10,000. This is to be used at the Owner’s discretion.

The Contract Documents, as outlined in the executed Agreement, shall imply the inclusion of the entire agreement between the parties thereto, and the Contractor shall not claim any modification thereof resulting from any representation or promise made at any time by an officer, agent or employee of the District or by any other person.

If there is an issue with subcontractor and contractor which results in a legal preceding which is not tied to the performance of ROS or its staff, contractor to pay any time spent by ROS.

29. Opening and Awarding of Bids No oral, e-mail, telephonic or telegraphic proposals shall be considered. Bids will be publicly opened at 1:30 PM Local Time Thursday January 21, 2021 with the following virtual meeting link: meet.google.com/axf-rqjv-fab or phone number (636)

498-4331 PIN: 381 342 848#.

The recommendation for award will be submitted to the Board of Education at the regular Board of Education Meeting to be held on Thursday, February 11, 2021 at

7:00 PM.

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