RFB MEHS Concrete Repair.pdf

McMonagle and Hamady Concrete Repair/Replacement 1 of 23

INFORMATION TO BIDDERS

1. Description of Project

2. Receipt and Opening of Bids

3. Definitions

4. Qualification of Bidder

5. Sole Bidder

6. Familial Relationship Disclosure

7. Method of Bidding

8. Inspection of Contract Documents

9. Examination of Site

10. Discrepancies, Omissions or Interpretations

11. Pre-Bid Conference

12. Addenda

13. Unit Prices

14. Taxes

15. Bid Security

16. Performance and Payment Bond

17. Contract Period

18. Scheduling

19. Method of Ordering

20. Payment

21. Hours of Work

22. Safety

23. Workmanship/Inspection

24. Contract Warranty

25. Certificate of Insurance

26. Bid Submission Instructions

27. Specifications of Bid

28. Withdrawal or Revision of Bids

29. Acceptance and Rejection of Bids

30. Affirmative Action

31. Indemnify and Hold Harmless Agreement

32. Termination of Contract to Purchase

33. Post-Bid Information

34. Specification of Materials/Supplies

35. Substitutions

36. Alternates

37. Voluntary Alternates

38. General Scope of Services

39. Bid Specifications

40. Bid Proposal Form

TENTATIVE TIME LINE

July 23, 2018 Posting

July 31, 2018 Pre-Bid Conference at 11:00 a.m., Meet at Hamady High School.

August 6, 2018 Bids Due /Bid Opening at 11:00 a.m., local time

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INFORMATION TO BIDDERS

1. DESCRIPTION OF PROJECT

The work of this project involves the removal and replacement main entrance concrete at McMonagle Elementary and sidewalk extension at Hamady Middle High School. Vendor(s) will be responsible for all work outlined in the specification.

2. RECEIPT AND OPENING OF BIDS

Refer to the ADVERTISEMENT FOR REQUEST FOR BID for pertinent information.

Proposal must be sealed with bidder’s name on the outside of the envelope and designated as follows:

Sealed Proposal

WESTWOOD HEIGHTS SCHOOLS

Attn: Peter Toal

Superintendent

Bid Package: (Number and Title): McMonagle and Hamady Concrete Repair/Replacement

Bidder: (Contractor Name, Address, Phone Number)

3. DEFINITIONS

A. The bid documents consist of the Bid Scope Document, the conditions of the contract (General, Supplementary General and Special Conditions), the specifications, appropriate performance and payment bonds, all addenda issued prior to receipt of bids.

B. The contract documents consist of the agreement, the conditions of the contract (General, Supplementary

General and Special Conditions), the Schedule Narrative, Description of the Work, the drawings, the specifications, appropriate performance and payment bonds, all addends issued prior to execution of the contract, and all modifications issued after execution of the contract.

C. The Bid Scope Documents contain the ADVERTISEMENT FOR REQUEST FOR BID, Information to

Bidders, Schedule Narrative, Description of the Work, Special Conditions, and other sample bidding and contract forms.

D. A bidder is a legal entity in the construction industry capable of performing the work of the bid category

(ies) for which he/she is submitting a bid. After award of a contract, the bidder will be known as a

Contractor.

E. Base bid is the sum stated for which the bidder offer to perform the complete work of a bid category to which work may be added or deducted. The base bid shall be in strict accordance with the bid category work description, plans and specifications.

F. An alternate bid (or alternate) is an amount stated in the bid to be added to or deducted from the amount of the base bid if the corresponding change in project scope, materials or methods of construction described in the contract documents is accepted.

G. A unit price is an amount stated in the bid as a price per unit of measurement for materials or services as described in the contract documents.

H. Bid categories are units of work performed by a Contractor and their Subcontractors which form part o f the total project. The term “bid category” should not be confused with the term “technical section”. Technical

McMonagle and Hamady Concrete Repair/Replacement 3 of 23 sections of the specification establish quality and performance criteria, and the bid categories designate work scope and assignment.

I. A Bid category work description is a written description of the scope of work to be performed by a bidder for a bid category. A description of the work is provided in the Scope of Services section of the Bid Scope

Document for each bid category.

J. The term day is defined as calendar days unless otherwise specified.

K. Contractor is defined as One who contracts to perform work, or supply articles at a certain price or rate; one who is party to a contract.

L. Addenda is defined as the written and graphic instruments issued by the Owner prior to the execution of the

Agreement that modify or interpret the bidding documents by additions, deletions, clarifications, or corrections.

4. QUALIFICATION OF BIDDER

A. The Owner reserves the right to request qualification information from any bidder before issuing documents, receiving bids or awarding a contract. The Owner may, at its sole discretion, accept or reject bidders as qualified. The right to waive any informalities in qualification materials is reserved by the Owner. The bidder, in submitting his/her bid, agrees to accept the decision of the Owner as final.

B. The submitters shall provide full disclosure of all existing client relationships that currently or prospectively may give rise to conflicts of interest and disqualification as governed by the codes of rules of professional responsibility and conduct.

C. Contractor shall require all subcontractors, insurance agents, and materials suppliers (payees) to comply with the provisions of this article by insertion of the requirements hereof in a written contract agreement between

Contractor and payee. Failure to obtain such written contracts which include such provisions shall be reason to exclude some or all of the related payees' costs from amount payable to Contractor pursuant to this contract.

D. The Owner shall have access to Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article.

The Owner shall give Contractor reasonable advance notice of intended audits.

E. If an audit inspection or examination in accordance with the article, discloses overcharges (of any nature) by

Contractor to the Owner in excess of five percent (5%) of the total contract billings, the actual cost of the

Owner's audit shall be paid by Contractor.

F. Right To Audit: Contractor's records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the Owner to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor of any of its payees pursuant to execution of the contract. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this contract.

G. For the purpose of such audits, inspections, examinations and evaluations, the Owner shall have access to said records from the effective date of this contract, for the duration of the work, and until two (2) years after the date of final payment by the Owner to Contractor pursuant to this contract.

5. SOLE BIDDER

A. It is the Owner’s intent that this Request for Bid permit competition. It shall be the bidder’s responsibility to advise the Owner in writing if any language, requirements, scope specifications, etc., or any combinations

McMonagle and Hamady Concrete Repair/Replacement 4 of 23 thereof, inadvertently restricts or limits the requirements stated in this RFB to a single source. Such notification shall be received by the Owner no later than five (5) days prior to the date set for acceptance of bids.

B. If only one bid is received in response to the Invitation to Bid, a detailed cost proposal will be requested of the single seller. 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.

C. The Owner reserves the right to cancel the bid, or reschedule the bid opening, if there is only one bid received. The Owner’s decision will be final.

6. FAMILIAL RELATIONSHIP DISCLOSURE

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

7. METHOD OF BIDDING

A. Proposals will only be accepted for individual bid categories where multiple categories exist. Bidders are required to bid an entire bid category. Bidders may bid more than one bid category. Combined bids covering several bid categories will not be accepted unless separate bid amounts are listed for each bid category making up the combined bid amount. The amount for a combined bid, however, need not be equal in amount to the total of the individual category bids.

B. The work of an individual bid category described in these contract documents is the sole responsibility of the trade Contractor known herein as “Contractor”. The work of each bid categor y is described in the Scope of

Services section of the Bid Scope Document.

8. INSPECTION OF CONTRACT DOCUMENTS

A. Bid documents are located and may be inspected at the locations as indicated in the ADVERTISEMENT

FOR REQUEST FOR BID.

B. Bid documents may be obtained at the locations cited in the ADVERTISEMENT FOR REQUEST FOR

BID.

C. Partial sets of the contract documents will not be made available. Complete sets of bid documents shall be used in preparing bids. The Owner does not assume any responsibility for errors, omissions or misinterpretations resulting from the use of incomplete sets of contract documents.

D. The Owner, in making copies of the contract documents available, does so only for the purpose of obtaining bids on construction of the work, and does not confer a license or grant for any other use, therefore does not warrant its completeness and adequacy.

E. Bidders shall identify bid categories contemplated to the bid when requesting documents.

F. Bidders for work in this bid package are responsible for knowing what work has preceded this bid package and how it affects their work. In order to assist bidders in this effort, the contract documents for preceding bid packages will be available for review at the Owner’s project office.

9. EXAMINATION OF SITE

The bidder shall be held to have examined the premises and site(s) so as to compare them with the

McMonagle and Hamady Concrete Repair/Replacement 5 of 23 specifications, and to have satisfied him/herself as to the condition of the premises, and obstruction, the actual levels, and all excavating, filling in, measurements and quantities involved in the bid package, and be familiar with weather conditions of the project areas, etc., necessary for carrying out the work before the delivery of his/her proposal. The bidder shall also acquaint him/herself with the character and extent of the Owner’s and the Other Contractor’s operations in the area of the work, so that they may make his/her construction plans accordingly. No allowances or extra payment will be made to a Contractor for or on account of costs or expenses occasioned by failure to comply with the provisions of this paragraph, or by reason of error or oversight on the part of the bidder, or on account of interference by the Owner’s or other Contractor’s activities. It shall be expressly understood that the Owner’s operations will take precedent over any construction activity.

10. DISCREPANCIES, OMISSIONS OR INTERPRETATIONS

A. Bidder shall promptly notify the Owner of any ambiguity, inconsistency, or errors that they may discover upon examination of the contract documents or of the site and local conditions. Bidders requesting clarification or interpretation of the bid documents shall make a written request to the Owner via the

Director of Operations. Direct all questions to the Director of Operations:

Tim Clontz Westwood Heights Schools

3400 N. Jennings Road

Flint, MI 48504 810-836-8309 Phone

810-591-4341 Fax tclontz@hamadyhawk s.net

B. Any interpretation, correction, or change of the contract documents will be made by written addendum by the Owner and issued by the Owner. 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 Owner to have received contract documents.

C. It should be understood that specifying a brand name, component and/or equipment in these specifications shall not relieve the seller from full responsibility in accordance with the performance warranty and contractual requirements. The seller is responsible for notifying the Owner of any inappropriate brand name, component, and/or equipment that may be called for in the specifications, and to propose a suitable substitute for consideration.

D. If any provisions of this Invitation to Bid shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

E. Any agreement entered into with the Contractor shall not be construed as granting “any exclusive rights there under”. The Owner retains the right to contract with other parties for such services as it deems necessary.

11. PRE-BID CONFERENCE

IF A PRE-BID CONFERENCE IS INDICATED IN ADVERTISEMENT FOR REQUEST FOR BID, THE

FOLLOWING SHALL HOLD TRUE

A. For the dissemination of information and clarification of intent of the contract documents, a pre-bid conference will be held for all trades.

B. All bidders are responsible for attendance at the pre-bid conference. Bidders shall meet in the main entrance upon arrival to the building.

C. Responses to questions and requests for clarifications will be made by addenda only after the pre-bid conference if required. Any representations and/or oral discussions not confirmed by addenda will not be binding upon the Owner.

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D. A pre-bid conference shall be conducted by Tim Clontz. The meeting will be held at the following time and place:

Date: Tuesday, July 31, 2018

Time: 11:00 a.m.., local time

Place: Hamady High School

3223 W. Carpenter Road, Flint, MI 48504

Phone: 810-591-0870

E. All questions should be submitted no later than Thursday, August 2, 2018 at 2:00 pm to Tim

Clontz@ tclontz@hamadyhawks.net.

12. ADDENDA

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

B. Each bidder shall ascertain prior to submitting their bid that they have received all addenda issued.

C. Addenda will be e-mailed to all who are known by the Owner to have a set of contract documents. Copies of addenda will be made available for inspection wherever contract documents are on file for that purpose.

13. UNIT PRICES

A. Each bidder must bid on all unit prices listed in the bid proposal that are applicable to their bid category.

They will be fully considered in awarding the contract.

B. Bids are considered irregular and may be rejected if unit prices contained in the bid proposal are obviously unbalanced either in excess of, or below, reasonable cost analysis values.

C. Any unit price that, in the sole opinion of the Owner, is unbalanced or excessive, may be rejected without affecting the validity of the bid or other unit prices. An entire bid may be rejected if, in the sole opinion of the Owner, rejection of individual unit prices materially affects the bid.

D. Bids shall remain firm for a period of 90 days from the bid opening. It is the intent to evaluate bids and award the bid by August 8, 2018. Pricing shall be F.O.B. delivered, unloaded and installed.

14. TAXES

The Contractor shall pay all taxes required by law.

15. BID SECURITY

A. Bid security by a qualified surety in the form of a bid bond, certified check or cashier check in the amount of five (5) percent of the total bid amount will be required with bid submission as a condition for consideration of award. Bid bonds shall be duly executed by the bidder as principal and having as surety thereon, a company authorized to execute such in the State of Michigan. Bid bond shall pledge that the bidder, with the understanding that if his/her bid is accepted, will enter into a contract with the Owner for the bid category

(ies) stated in his/her bid and will, if required, furnish bonds covering the faithful performance of the contract and the payment of all obligations arising there under. The attorney who signs the surety bond must file with the bond, a certified and effectively dated copy of the power of attorney.

B. Bid securities will be returned to successful bidders after a contract agreement has been executed, and acceptance of required bonds and insurance is made. The bid security of bidders not under consideration for award of contract will be returned by the Owner in a timely manner. The bid security of the lowest of the mailto:jr14bps@birmingham.k12.mi.us

McMonagle and Hamady Concrete Repair/Replacement 7 of 23 two or more bidders may be retained for a period not to exceed thirty (30) days after date of receipt of bids, or until a contract is awarded.

C. The bid security obliges shall be Westwood Heights Schools and shall become its property in the event that the bidder fails, within fifteen (15) days of notice of award to execute the contract agreement, deliver the performance and payment bonds, and send the required certificates of insurance. The bid security shall be forfeited to the Owner as liquidated damages, not as a penalty.

16. PERFORMANCE AND PAYMENT BOND

A. Acceptable bidders will be required for contracts $50,000 or more, upon request by Owner, as a condition precedent to award of contract, to furnish in the amount of 100% of the contract price, a satisfactory

Performance Bond and Labor and Material Payment Bond, by a Treasury approved surety licensed to do business in the State of Michigan.

B. The bidder shall deliver the required bonds to the Owner within 15 days after award of the contract. If the work is to be commenced prior thereto in response to a letter of intent, the bidder shall submit evidence to the Owner that such bonds will be furnished prior to commencement of the work.

C. The proposed bonding company of the bidder shall be acceptable to the Owner. The Owner shall be listed as oblige on the bond.

17. CONTRACT PERIOD

A. The contract award resulting from this Request For Bid shall not exceed one (1) year.

B. In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires, floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation, to the extent that they are not caused by the party’s willful or negligent acts or omissions, and to the extent that they are beyond the party’s reasonable control.

C. The Owner reserves the right to suspend work wholly or in part if deemed necessary for the best interest of the Owner. This suspension will be without compensation to the Contractor, other than to adjust the contract completion/delivery requirements.

18. SCHEDULING

A. The development of this project is weighed heavily on the ability of the bidders to have the project finished and ready for use in sufficient time. Time and coordination are the essence of the contract.

B. The Owner’s operations must continue uninterrupted throughout the construction process. Certain portions of the work must be performed and completed in such order as directed by the Owner so as to permit the orderly operation of the Owner’s activities. Each bidder shall review the work of their particular bid category, and all other bid categories to assure proper coordination to complete their work per schedule.

C. Within ten (10) days of the Contract Award, the Contractor shall submit a Bar Chart Schedule for their work indicating duration in workdays, dollar value, necessary manpower loading, and precedent activities from other Contracts. The Owner will compile all Contractors’ schedules and develop a Project Master

Construction Schedule. This schedule will become the project plan for construction.

D. The Contractor must provide written documentation outlining their work schedule. The Contractor will be

McMonagle and Hamady Concrete Repair/Replacement 8 of 23 charged for weekends and holidays if Owner’s labor force is scheduled to allow access to the facility.

E. The Contractor will not be allowed in any facility without an Owner’s Representative on site at all times.

F. Project is scheduled to begin TBD.

19. METHOD OF ORDERING

Issuance of a written purchase order by the Purchasing Department is the method of ordering product or services. All

Contractor invoices and packing/delivery tickets must include the purchase order number.

20. PAYMENT

A. Payment to be made from Contractor’s invoice and a copy of the signed delivery invoices, submitted to cover items received and accepted during the billing period. Invoices must contain the bid number under which the contract is awarded.

B. All requests for payment shall be accompanied by an AIA Payment Request form and Waiver of Lien for that portion of work completed. The Owner shall retain 10% of each request until final payment, when all contract work has been completed to the Owner’s satisfaction, and all documentation has been rece ived and approved by the Owner. The approval process takes approximately three (3) weeks.

C. The Contractor shall complete all items on the punch list, as developed by the Owner, prior to final payment.

D. Pricing shall be F.O.B. delivered to the school, unloaded, and installed.

21. HOURS OF WORK

A. Projects for Owner shall be performed, primarily, between 7:00 a.m. to 7:00 p.m., Monday through Friday.

Any changes to the established schedule must have prior approval of the Owner’s representative and scheduled at the least disruptive time possible.

B. The Contractor shall not interfere with or disrupt school operations.

22. SAFETY

A. The Contractor shall be responsible for providing and for placing barricades, tarps, plastic, flag tape and other safety/traffic control equipment required to protect its employees, the public, surrounding areas, equipment and vehicles. The flow of vehicular traffic shall not be impeded at any time during this project.

The safety of the Contractor's employees and the public is of prime concern to the Owner, and the Contractor must take all necessary steps to assure proper safety during the performance of the Contractor. Any bidder that has a history of safety problems or a high incidence of accidents will not be considered for award of a

Contract.

B. The Contractor shall keep the premises clean of all rubbish and debris generated by the work involved and shall leave the premises neat and clean. All surplus material, rubbish, and debris shall be disposed of by the

Contractor at the Contractor's expense.

C. The work area shall be cleaned at the end of each work day. All materials, tools, equipment, etc., shall be removed or safely stored. The Owner is not responsible for theft or damage to the Contractor's property. All possible safety hazards to workers or the public shall be corrected immediately and left in a safe condition at the end of each workday. If there is a question in this area, the Project Manager will be consulted.

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D. The Owner 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

Project Manager.

23. WORKMANSHIP/INSPECTION

A. Where not more specifically described in any of the various sections of these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services. All work shall be executed by personnel skilled in their respective line of work. This work will not be subcontracted without written authorization by the Project Manager.

B. The Contractor will request the Project Manager to conduct a site inspection after the project is complete.

The Project Manager will prepare a “punch-list” during the inspection and will forward a copy of the

“punch-list” to the Contractor.

C. After the “punch-list” items have been corrected, the Contractor will request a final inspection with the

Project Manager. Final project approval is contingent upon the Project Manager’s final inspection and written approval.

24. CONTRACT WARRANTY

A. Contractor shall perform all duties required of this project in such a way that the manufacturer’s warranty is not violated in any manner. Bidder is responsible for identifying any and all deviations of the RFB’s specifications from the manufacturer’s guidelines. All such deviations must be detailed in bidder’s proposal form at time of bid submittal. Manufacturer specifications shall prevail in any and all instances where the

RFB’s specifications differ from the manufacturer’s specifications.

B. Contractor shall be responsible for any and all warranty work, regardless of whether or not manufacturers of the equipment and/or its component parts, provide the actual warranty coverage. In addition, Contractor shall have or establish a single, local source that will accomplish or coordinate any necessary warranty work.

Contractor shall respond to requests for warranty assistance within twenty-four (24) hours.

C. A warranty on all material will be available for a term of one (1) year from the date of final completion and acceptance by Owner. If, during the term of the warranty, Owner shall become dissatisfied with the performance of the project for any reason, an authorized dealer will repair or replace the material until the

Owner is satisfied with its performance.

25. CERTIFICATE OF INSURANCE

A. Before commencement of any work, a Certificate of Insurance executed by bidder’s insurance agent or carrier showing required insurance coverage shall be submitted. A Thirty Day Cancellation Clause is required on all policies.

Failure to provide the Certificate may be considered material breach of the agreement and may be grounds for terminating the agreement.

B. Insurance Coverage

As a condition of performing work for the Owner as a Contractor, the Contractor must provide Owner with satisfactory evidence of their insurance coverage as follows:

1. Worker’s Compensation and Employers’ Liability Insurance covering your statutory obligations in the state of Michigan.

2. Automobile Liability Insurance with a limit of $1,000,000 per accident covering your owned, non-owned and hired automobiles.

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3. Commercial Liability Insurance written on an OCCURRENCE policy form that includes coverage for your operations, personal injury, XCU (explosion, collapse and underground), independent

Contractors, contractual, and products-completed operations with limits of liability as follows:

a. If your policy is written on the 1986 ISO Simplified form:

$1,000,000 Occurrence

$1,000,000 General Aggregate

$1,000,000 Product- Completed Operations Aggregate

If your policy’s general aggregate is per job, then a $1 million limit of liability is acceptable for the general aggregate and the products-completed operations aggregate.

b. If your policy is written on a form other than the 1986 ISO Simplified form

$1,000,000 Occurrence (bodily injury and property damage combined)

$1,000,000 Aggregate (applicable to products-completed operations only)

c. Products-completed operations liability must be maintained for not less than one year after acceptance of completion of your work.

C. Other Requirements

1. A Best’s rating for each of your insurance carriers at B+ VII or better.

2. That the words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” do not apply or have been removed.

3. That Owner is an additional insured on the General Liability and Umbrella Liability policies certified.

4. Any deviations in coverage provided by the Standard 1986 ISO Simplified General Liability policy form, and

5. Any deductible over $1,000 applicable to any coverage. Should insurance with such a deductible be accepted, then Contractor will be liable for deductible amount.

General Liability and Auto Liability limits may be attained by individual policies or by a combination of underlying policies with umbrella and/or excess liability policies.

26. BID SUBMISSION INSTRUCTIONS

A. The bidder, by making his/her bid, represents that he/she has read and understood the contract and bid documents, and that his/her bid is made in accordance therewith.

B. Each bid shall be submitted in triplicate on the bid proposal form furnished by the Owner and bound in the bid documents with all blank spaces filled in. All blanks on the bid form shall be filled in by typewriter or manually in ink.

C. All alterations or erasures shall be initialed by the bid signer.

D. Fill in all blank spaces for bid prices in both words and figures. In case of discrepancies, the amount in words will govern. Submit all copies of the bid, bid security, and any other documents required to be submitted with the bid, in a sealed opaque envelope. Indicate on outside of envelope, name of bidder, address, name of project for which bid is submitted, bid category code, and description and address of the party to receive the bid. If forwarded by mail, enclose sealed envelope containing bid in another envelope addressed as indicated with the notation, “Sealed Bid Enclosed” on the envelope face.

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E. All requested alternates shall be bid. Any alternates must be submitted with technical literature and/or detailed product brochures for the Owner’s use to evaluate the product(s) offered. Bids submitted without this product information may be considered as non-responsive and may be rejected. If no change in the base bid is required, enter “No Change”. All unit prices shall be bid. These prices will include al l applicable taxes, bonds, overhead, profit and other pertinent costs.

F. Each copy of the bid shall include the legal name of the bidder and shall be signed by the person or persons legally authorized to bind the bidder to a contract. If bids are submitted by an agent, provide satisfactory evidence of agency authority.

G. The bidder, by making his/her bid, represents that he/she has read and acknowledged that the project schedule is acceptable.

H. The Base Bid is to be based solely upon the materials, installation and equipment established by the contract documents.

I. Bids must be received at the designated location prior to the time and date for receipt of bids indicated in the

ADVERTISEMENT FOR REQUEST FOR BID, or any extension thereof made by addendum. Bids received after designated bid receipt deadlines will be returned unopened.

J. Oral, telephone, facsimile or telegraphic bids are invalid and will not receive consideration.

K. The bid proposal form will be considered a portion of the contract document.

NOTE: Noncompliance with any one of the foregoing may justify rejection of the bid.

27. SPECIFICATIONS OF BID

A. Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, unless stated differently, such specification shall be considered as if followed by the words “or acceptable equal”, whether or not such words appear. The Contractor may offer material or equipment with equal or better qualities and performance in substitution for those specified which he considers would be in the Owner’s interest to accept. Any such offers shall be made in writing to Manager of Auxiliary Business

Services for his/her consideration with the submission of the proposal and the seller shall include sufficient data which, together with any other data the Owner may require, will enable the Owner to assess the acceptability of the material or equipment. Such acceptance by the Owner shall not relieve the seller from full responsibility from the efficiency and quality and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name.

B. Bidder’s response shall include a complete range of any and all variations of materials and supplies that would be available under the resulting contract.

C. Bidders shall address capabilities of removing and/or disposing of asbestos containing building materials.

D. Bidders shall address all aspects of labor rates that would be incurred, including proposed labor rates for non-working hours, after hours, weekends, holidays, etc.

28. WITHDRAWAL OR REVISION OF BID PROPOSALS

A. Any bid may be withdrawn prior to the scheduled time for opening of bid proposals. Written notices shall be received in the Superintendent’s Office, Westwood Heights Schools, 3400 N. Jennings Road, Flint, MI

48504.

B. A bid may not be modified, withdrawn or canceled by the bidder for ninety (90) calendar days following the time and date designated for the opening of bids, and bidder so agrees in submitting his/her bid.

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C. Bids submitted early may be modified only by notice to the party receiving bids at the place, and prior to the time designated for opening of bids. Such notice shall be in writing over the signature of the bidder, or by telegram; if by telegram, written confirmation over the signature of bidder must have been mailed and postmarked on or before the date and time set for opening of bids. The revised bid shall be so worded as not to reveal the amount of the original bid.

D. Telecopied or facsimile copies of the proposal form and attachments will not be allowed.

E. Bid security shall be in an amount sufficient for the bid, as modified or resubmitted.

29. ACCEPTANCE AND REJECTION OF BID PROPOSALS

A. Low bid price is not always the determining factor in the awarding of the bid. Other factors considered may include, but not be limited to, the following: delivery and/or completion time, quality, past performance, inventory availability, financial stability, and references.

B. The contract shall be awarded in the form of a Purchase Order mailed or facsimiled to the Contractor(s) selected.

C. Bids are considered irregular and may be rejected for any of the following reasons unless otherwise provided by law:

1. If bid proposal form furnished is not used or is altered.

2. If there are unauthorized additions, qualifications, conditions, or irregularities of any kind which may make the bid incomplete, indefinite, or ambiguous as to its meaning.

3. If bidder adds any provisions reserving right to accept or reject any awards of contract.

4. If unit or lump sum prices or alternates contained in the bid schedule are obviously unbalanced either in excess of, or below, reasonable costs analysis values.

5. If bidder fails to complete any portion of the Bid Proposal Form where information is requested such that the Bid Proposal Form cannot be properly evaluated.

6. If bid security does not accompany bid proposal form.

7. If Affidavit of Bidder forms do not accompany bid proposal form.

8. If any pertinent instructions to bidders is not fully complied with.

D. The Owner shall have the right to waive any informality or irregularity in any bid received and to accept bids which, in his/her judgment, are in his/her own best interest.

E. The Owner shall have the right to accept alternates in any order or combination and to determine the low bidder on the basis of the sum of the base bid and the alternates accepted.

F. The Owner shall have the right to accept combination bids received from a bidder for more than one bid category.

30. AFFIRMATIVE ACTION

A. All bidders shall ensure that employees, Contractors and applicants for employment are not discriminated against because of their race, color, religion, sex, origin, age, marital status, sexual orientation, or disability, and in conformance with local, state, and federal regulations.

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B. The Owner will ensure that in regard to any contract entered into pursuant to this bid package, minority and women-owned business enterprises will be afforded full opportunity to submit bids in response to the

ADVERTISEMENT FOR REQUEST FOR BID and will not be discriminated against on the grounds of race, creed, color, sex, age, non-disqualifying handicap, religion, ancestry, marital status, national origin, place of birth or sexual preference.

C. The Contractor shall permit access to and may be required to provide certified copies of all of its records pertaining to employment and to its employment practices by the Owner for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of this contract, and on their request to provide evidence that it has or will comply therewith.

D. The failure of any Contractor or subcontractor to comply with the Equal Employment Practices provisions of this contract shall be deemed to be material breach of this contract. The Owner, on the basis of its own investigation shall only establish such failure upon a finding to that effect. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to the Contractor or subcontractor.

E. Upon a finding duly made that the Contractor or subcontractor has failed to comply with the Equal

Employment Practices provisions of this contract, this contract may be forthwith cancelled, terminated, or suspended, in whole or in part, by the Owner, and all monies due or to become due hereunder may be forwarded to and retained by the Owner.

F. Notwithstanding any other provision of this contract, the Owner shall have any and all other remedies at law or in equity for any breach hereof.

G. Nothing contained in this contract shall be construed in any manner so as to require or permit any act that is prohibited by law.

31. INDEMNIFY AND HOLD HARMLESS AGREEMENT

Contractor agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the Owner, its officers, and employees, from actions, claims, damages, disabilities or the cost of litigation that are asserted by any person or entity to the extent arising out of the negligent acts or omissions or willful misconduct in the performance by the Contractor hereunder, whether or not there is concurrent negligence on the part of the Owner, but excluding liability due to the active negligence or willful misconduct of the Owner. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents, under workmen’s compensation acts, disability benefits acts or other employees’ benefits acts.

32. TERMINATION OF CONTRACT TO PURCHASE

If at any time, in the opinion of the Owner,

1) Contractor fails to conform to the requirements of this contract; or

2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt;

3) Any legal proceedings are commenced against seller which may interfere with the performance of the contract; or

4) Contractor has failed to supply an adequate working force, or material or proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in writing may be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Manager, Auxiliary Business Services within the time specified the

Owner in any such case shall have the right and power, at its option and without prejudice to any other right it may have, to terminate the contract. Any excess of the cost arising there from will be charged against the Contractor and

McMonagle and Hamady Concrete Repair/Replacement 14 of 23 his/her sureties, who will be liable thereof. In the event of such termination, all monies due the Contractor or retained under terms of the contract shall be forfeited to the Owner; but such forfeiture will not release the seller or his sureties from liability for failure to fulfill the contract.

33. POST-BID INFORMATION

A. After the bids are received, tabulated, and evaluated by the Owner, the apparent lowest bidder(s) shall meet with the Owner at a post-bid meeting if requested by Owner for the purpose of determining any contract overlaps or omissions, and shall provide the following information, if requested by Owner:

1. Designation of the work to be performed by the bidder with their own forces, and that to be contracted.

2. Complete detailed cost breakdown including manpower requirements and cleanup costs associated with work activities.

3. A list of names of the Subcontractors or other entities (including those who are to furnish systems of materials and/or equipment fabricated to a special design) proposed for the principal portions of the work. The list shall further include the value of the subcontracts and their percentage of value of the bidder’s total bid. The bidder shall be required to establish, to the satisfaction of the Owner, the reliability and responsibility of the persons or entities proposed.

4. The bidder shall be required to submit information regarding the names and backgrounds of the

Contractor’s superintendent, assistants and responsible company officials, if requested, and establish, to the satisfaction of the Owner, the reliability and responsibility of the persons or entities proposed to deliver the materials/equipment described in the contract documents.

5. Within ten (10) calendar days of award of contract, each Contractor shall submit a bar chart construction schedule of all activities contained in the Contractor’s scope of work. This schedule shall include activity descriptions and duration’s in working days for shop drawings, fabrication, delivery and installation of products, materials and equipment. The schedule shall also identify precedent relationships between the Contractor’s activities and those of other Contractors based on a thorough review of the contract drawing details showing interface between contracts. The activities on the schedule must be at a level of detail approved by the Owner and agree with the terminology and building sequencing established by the Owner. The Owner will compile all contractors’ schedules and develop a project master construction schedule.

6. Standard hourly rates and premium time that will be used with a description of what the rate includes.

7. Verification of primary construction materials and manufacturers.

8. Within fifteen (15) days after the award of the Contract, submit to the Owner a complete list of all items, products, shop drawings, brochures, and samples that are required, name of each subcontractor or supplier, and the date of planned submission.

B. Prior to the award of a contract, the Owner will notify the bidder in writing if the Owner has reasonable objection to any such proposed person or entity. The bidder shall submit an acceptable substitute person or entity with an adjustment in their bid price (if applicable) to cover the difference in cost occasioned by such substitution. The Owner may, at its discretion, accept the adjusted bid price or they may disqualify the bidder.

C. Any bidder that has provided similar materials or services to the Owner at a price 5%, or more, different than the submitted bid proposal price shall be required, upon request by Owner, to submit a written explanation of the variance between the bid proposal price and the price previously billed. This applies to all materials or services billed in the 90 days prior to the bid opening date. The bidder shall adhere to any requests made by the Owner for written cost analysis. Any bidder that does not comply with this request may be rejected.

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34. SPECIFICATION OF MATERIALS/SUPPLIES

A. All materials and supplies shall be guaranteed against defects in manufacturing and materials; defective products will be replaced. All equipment shall be guaranteed against defects in manufacturing and material for one (1) year from date of Owner’s final acceptance and will cover parts, labor, delivery, and installation.

B. The Owner will at times, inspect and test samples of products. Any substitution, dilution, or other variance from the specifications will be grounds for termination of the contract. Additionally, any fraudulent variance from the specifications may be grounds for criminal prosecution.

C. If desired by the Owner, the samples of products will be submitted for analysis. Contractor will be charged for these costs.

D. Contractor (s) will also be expected to provide in-service training, as requested, for the products they provide.

E. All materials must be asbestos free. Certification in writing by the manufacturer will be required.

F. All materials used, and the installation thereof, must be in accordance with the recommended installation guidelines.

35. SUBSTITUTIONS

A. Bidder shall submit drawings and other descriptive data of any modification required or items of assemblies necessary to provide approved compliance with requirements and compatibility with adjacent components.

B. If approved, all modifications necessary as a result of the use of an approved substitute shall be paid by the bidder proposing the substitution.

C. Owner’s decision as to acceptance or non-acceptance of a substitution shall be final. Under no circumstances will the Owner be required to prove that a product proposed for substitution is or is not equal quality to the product specified. It is mandatory that the bidder submit a complete description of the proposed substitute, the name of the material or equipment for which it is to be substituted, drawings, catalog cuts, performance and test data, and all other data or information necessary for a complete evaluation or as may be requested.

36. ALTERNATES

A. Each bidder must bid on all alternates listed in the bid proposal that are applicable to their bid category.

They will be fully considered in awarding a contract. All alternates shall be expressed as an add or deduct from the base bid.

B. Bids are considered irregular and may be rejected if alternates contained in the bid proposal are obviously unbalanced either in excess of, or below, reasonable cost analysis values as determined at the sole discretion of the Owner.

C. Successful bidders shall perform all work required for complete execution of accepted alternates, including all overhead and profit for the work required.

37. VOLUNTARY ALTERNATES

All bid proposals must be based upon the contract documents. In addition to a base bid proposal, the submission of voluntary alternates is acceptable. If a voluntary alternate is submitted for consideration, it shall be expressed on the bid form as an add or deduct amount from the base bid. If a voluntary alternate is submitted, the bidder shall also submit sufficient information in the form of drawings, specifications, test data, etc., sufficient for analysis of the alternate. Owner reserves the right to unilaterally accept or reject voluntary alternates.

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38. GENERAL SCOPE OF WORK

A. General Information:

1. Prior to starting construction, the Contractor shall submit to the Owner for approval, a detailed schedule indicating material delivery dates, construction starting dates, completion dates, and other significant dates of the project.

2. The Contractor shall be responsible for locating, protecting and preserving all utilities at all sites.

3. The Contractor shall be responsible for any permit required for this contract.

4. The Contractor shall notify the Owner at least 48 hours prior to delivery of material or commencement of work. No work shall be started at any facility prior to 7:00 a.m., local time.

5. All materials shall be delivered to the site in a dry and undamaged condition, and shall be stored out of contact with the ground, and shall be kept dry and covered with weather tight covering. Damaged materials shall be replaced. The staging and storage area for materials and equipment shall be coordinated between the Contractor and Owner prior to delivery of any materials and equipment.

6. Drawings and related specifications shall apply to the work under this contract. Materials and equipment must comply with Michigan Department of Health as stated in Public Act 368. The

Contractor shall comply with all applicable local, state and OSHA codes.

7. All work shall be executed and inspected in accordance with the rules and regulations of the state and/or local authorities governing the work involved.

8. Storage space will not be provided for…