MUSKEGON PUBLIC SCHOOLS REQUEST FOR PROPOSALS FOR:

Painting Muskegon High School Gymnasium

PROPOSALS DUE:

06/08/2020 at 10:00a.m.

PROJECT WALK THROUGH:

To be arranged with John Snyder and/or Steve Barlow

Superintendent Matthew Cortez mcortez@mpsk12.net

349 W. Webster Ave.

Muskegon, Mi. 49440

231-720-2004

Owner's Representative Steve Barlow sbarlow@mpsk12.net 1800 Laketon Ave.

810-626-8707

Chief Operations Officer John Snyder jsnyder@mpsk12.net

1800 Laketon Ave.

231-720-3175

No oral, telephonic, E-Mail, telegraphic or facsimile proposals will be accepted. No proposals will be accepted after the time of closing of bids.

mailto:mcortez@mpsk12.net mailto:sbarlow@mpsk12.net

NOTICE IS HEREBY GIVEN THAT THE BOARD OF EDUCATION OF MUSKEGON PUBLIC SCHOOLS WILL RECEIVE SEALED BID PROPOSALS UNTIL 06/08/2020 at 10:00 a.m. AT THE OFFICE OF THE

SUPERINTENDENT FOR MUSKEGON PUBLIC SCHOOLS, THE BOARD OR ITS DESIGNEE WILL

OPEN AND READ EACH RECEIVED BID AT A PUBLIC MEETING AT 06/08/2020 at 10:00 a.m.

AT:

HACKLEY ADMINISTRATION BUILDING 349 W. Webster Ave.

THE PROPOSAL WILL BE FOR THE PAINTING OF THE MUSKEGON HIGH SCHOOL GYMNASIUM IN

ACCORDANCE WITH BIDDING DOCUMENTS AND APPROVED SPECIFICATIONS

Muskegon Public Schools will not consider or accept a proposal received after the above-specified date and time for Proposal submission.

At the above-specified time and place for receiving proposals, the Board of Education, acting by its designee, will publicly open and read all timely-received Proposals. The Board of Education reserves the rights to waive any irregularity or informality in its Request for Proposals to reject any or all Proposals, to award Program components by component, group of components, or total Program, and to accept the Proposal or Proposals which the Board determines will perform in the District’s best interests and will be the lowest responsible bidder as required by law. Each and every bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the District or any employee of the firm submitting the bid and the Superintendent of Muskegon Public Schools or any member of the Board of Education. Proposals are to be presented in accordance with the specifications.

For a copy of the RFP or more information call.

Cassidy Cisneros

231-720-2004

Muskegon Public Schools

REQUEST FOR PROPOSAL Painting Muskegon High School Gymnasium -- GENERAL INSTRUCTIONS

A. Instructions

Qualified firms are invited to submit proposals to Muskegon Public Schools ("District") for Painting Muskegon High School Gymnasium in accordance with the bidding documents and specifications. The District's objective in issuing this Request for Proposal is to obtain competitive bids from which it will select a contractor ("Contractor") to engineer/design, apply for all permits, submit stamped drawings to the State of Michigan, prep work and excavate the site, install turf system and all clean up on a turn-key basis in accordance with applicable laws.

The District reserves the right to reject any or all proposals, to award Project components by component, group of components, or total Project, to accept any or all alternatives, to accept any proposal in whole or in part, to waive any irregularities or informalities which are in the best interest of the District, and to weigh proposal elements as deemed beneficial to the District. Any award shall be to the Contractor that the District considers the lowest responsible bidder.

B. Proposal Submission

To be considered by the District, two (2) copies of the complete proposal must be received no later than 06/08/2020 at 10:00 a.m. Proposals should be addressed to:

Mr. Matthew Cortez Superintendent , Muskegon Public Schools , Hackley Administration Building 349 W. Webster Ave.

The lower left corner of the submittal envelope should be marked:

PROPOSAL FOR “Painting Muskegon High School Gymnasium ”

Submitted proposals become the property of the District and will not be returned. Further, all submitted proposals become subject to the Freedom of Information Act, unless the District reasonably believes that Contractor satisfies exemption criteria and rejects disclosure on such basis.

C. Late Proposals

Any proposal received by the District after the time specified above will not be considered.

D. Withdrawal of Proposals

Proposals may be withdrawn by written notice received at any time prior to the submission deadline. Proposals may also be withdrawn in person, provided that the firm's representative signs a receipt for the proposal prior to the submission deadline. Proposals that are not so withdrawn shall constitute a firm offer for a period of sixty (60) days to perform the work contained therein and/or required by this RFP.

E. Questions Concerning this RFP

Inquiries may be made to Mr. John Snyder at the address above, via telephone at (231) 720 - 3175, or via email at jsnyder@mpsk12.net. All such inquiries must be made no later than three

(3) business days prior to the deadline for submission. Information about the District is available during business hours (8 a.m. - 4 p.m.).

F. Economy of Preparation

Proposals should be prepared simply, providing a concise description of the Contractor's ability to meet the requirements of this RFP.

G. Proposal Signature

Part 4 - Proposal Summary, should be signed by the person responsible for the decision as to services and costs being offered. (In the case of a joint proposal, each party must certify those services and costs being offered by its own firm. Unless otherwise agreed by the District in writing, each party to a joint proposal will be jointly and severally responsible for all services offered in the proposal, regardless of who produces them.)

H. Prime Responsibilities

The selected Contractor will be required to assume responsibility for all services offered in the proposal, regardless of who actually provides such services and whether the selected Contractor utilizes separate consultants. The selected Contractor shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

I. Proposal Preparation Costs

All costs incurred for proposal preparation, site visitation and investigations, initial engineering analyses, presentations, or contract negotiation, are the responsibility of each respective Contractor and will not be reimbursed by the District.

J. Acceptance of Proposal Contents

The contents of the proposal of the selected firm will become contractual obligations when a contract is issued, except with regard to particular contents which are rejected by the District. Failure of the successful firm to abide by such obligations will result in cancellation of the award

K. Proposed Project Schedule:

Bid period: 05/22/2020 - 06/08/2020 Review and Award Contract: 06/08/2020; BOE acceptance 06/09/2020 Submittals and Approvals: 06/08/2020 by 10:00 a.m.

Project begins: June - July *incoordination with bleacher and flooring company Project Completed by: July 20, 2020

L. Insurance Coverage Prior to beginning work, the selected Contractor will be required to provide a copy of insurance certificates for general and professional liability coverages, with limits of liability at least as required by law or reasonably required by the District. Any consultants or subcontractors of the Contractor shall provide insurance coverage at least equal to that provided by the Contractor, and those consultants or subcontractors shall provide insurance certificates for general and professional liability coverages. Insurance must be occurrence-based, obtained prior to commencement of work, and maintained for a period of no less than 12 months beyond the date of completion. Certificates of insurance shall contain a provision that coverage afforded under the policies will not be canceled, reduced, or allowed to expire until at least 60 days’ prior written notice has been given to the District.

M. Payment of Fees The District will make payments to the Contractor as set forth in the parties' contract. All costs shall be itemized on a single invoice so that the District may issue one monthly check to the Contractor. The specific day of the month on which invoices are to be received, and checks released, will be set forth in the contract.

FIRST DRAW SHALL BE IN ALIGNMENT WITH SALE OF BONDS, PREDICTED IN AUGUST.

N. Taxes The Proposal shall be deemed to include all applicable sales, use, excise and other taxes required by law. The District, upon request, will provide a properly executed tax exemption certificate, but the District makes no representation that a Contractor may utilize such information to avoid tax liability.

O. Bid Bond and Performance/Payment Bonds The Contractor shall be required to provide a bid bond in the minimum amount of five percent (5%) of the total capital costs associated with the Proposal, in accordance with MCL 380.1267. If performance and payment bonds are required by law (MCL 129.201, et seq), then the selected contractor shall be required to provide performance and payment bonds covering 100% of the total capital costs associated with the Proposal. If performance and payment bonds are not required by law, the District may require such bonds upon written notice to the Contractor. If notice is given prior to the bid deadline, the bond costs shall be deemed included within the bid price. If notice is given after the bid deadline, the bond costs shall be reimbursed to the Contractor.

P. Familial Disclosure Statement Each Proposal shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the Contractor and any member of the board or Superintendent. Bids not accompanied by a sworn and notarized statement will not be accepted by the board

Q. Iran Economic Sanctions Act Certification Each Proposal shall be accompanied by a certification required by the Iran Economic Sanctions Act that the bidder is not an Iran-linked business. Bids not accompanied by such a certification will not be accepted by the board.

R. Waiver of Claims The Contractor, by its submission of its proposal, releases the District and its Board members, administrators, employees and agents from any claims arising out of, and related to, the ECM process and the selection of a Contractor.

REQUEST FOR PROPOSAL FOR PAINTING MUSKEGON HIGH SCHOOL GYMNASIUM

PART 2 -- PROPOSAL REVIEW AND SELECTION PROCESS

A. Time Frame for Contractor Selection It is the intent of the District to select a contractor according to the following schedule:

05/22/2020 RFP is released.

05/26/2020 - 05/29/2020, Site walk through Available by appointment 06/08/2020 at 10:00 a.m., Proposals are due at Hackley Administration Building 06/08/2020 at 10:00 a.m. , Administrators begin screening proposals TBD, Contractor begins work 07/20/2020, Work completion.

The District may modify or eliminate any portion of the above schedule in its sole discretion and to the extent consistent with law.

B. Review and Selection Process The District reserves the right to reject any or all proposals that are determined not to be in the best interests of the District. The District will not necessarily select the lowest cost proposal, but will choose the lowest responsible bidder.

C. Interviews Will be scheduled if needed.

D. Evaluation Criteria The District will evaluate Contractor's proposals based on cost and responsibility factors, including but not necessarily limited to the following:

Cost: The total cost for all services and as broken down among the various project elements.

Adherence to specifications: Conformance, in both content and presentation, to the parameters established in this request.

Relevant Experience: Contractor's relevant experience with the required work, particularly at K-12 public school facilities of comparable size and complexity.

Qualifications: Qualifications and experience of the Contractor's key staff to be assigned to the project.

Timeliness: The Contractor's ability to complete work specified in this RFP in a timely fashion.

Responsiveness: The Contractor's ability to meet quickly with District officials, contractors, etc.

when necessary.

Team Compatibility: The Contractor's ability to work with students, District employees, parents, community members, architectural firms, contractors, and governmental officials based on references and interviews.

It is understood that all labor and materials must be competitively bid and awarded, if at all, to the lowest responsible bidder. The District may consider a number of factors in determining a Contractor's "responsibility," and it is expressly understood that the District is not confined to the above-referenced list or any other information required or provided in response to this RFP.

E. Awarding of the Contract All proposals may be reviewed and evaluated by District administration and consultants for the purpose of recommending a lowest responsible bidder. The ultimate determination to award a contract will be made by the District's Board of Education as required by law.

The form of Contract shall be based on the document attached hereto as Attachment C ("Contract"). By submitting a proposal, each Contractor agrees to the terms of the Contract in its entirety, except and only to the extent the Contractor specifically objects in writing to any provision therein and attaches the objection(s) as a separate document to its response to this ECM, along with a proposed alternative.

Notwithstanding anything herein to the contrary, the District shall have the unilateral ability, in its sole discretion, to negotiate any term of the Contract (or any other form of contract considered by the parties). The award of a Contract shall be contingent upon the successful negotiation of same, and the Contractor shall not be entitled to any remuneration unless and until a Contract is officially approved by the District's Board of Education.

PAINTING MUSKEGON HIGH SCHOOL GYMNASIUM

PART 3 – PROPOSAL DETAILS

I. CONTRACTOR INFORMATION

The following information will be considered by the District for the purpose of determining the

Contractor's "responsibility" and present capability to perform the work. The District's determination is not limited to the information below or any other information required by this RFP.

Name of Firm: __________________________________________________ Year Established: ________________________________________________ Address: _______________________________________________________ Telephone Number: ______________________________________________ Facsimile Number: _______________________________________________ Contact Person Email Address: _____________________________________

A. Business Organization

1. Individual _____ Partnership ______ Corporation _____ Other _____

2. Identify the number of years the firm has provided the type of improvements required herein, and provide a brief history of the firm's experience with the required work.

3. List the firm's officers and the staff that will be dedicated to this project.

4. Provide the hourly rate for firm personnel in the event they provide Additional Services (i.e., services beyond the originally agreed scope of the project).

5. List any subcontractors or sub-consultants outside your firm you propose using to provide services. Number of Times Firm Name City/State Specialty Affiliated With You 1.

2.

3.

4.

6. What is your firm's present workload? Provide a list of all scheduled and unscheduled construction projects currently being handled by your firm, including an indication of approximate cost and percentage of completion for each project.

7. What is your General Liability Insurance coverage:

a. Total amount of protection provided. b. Amount of deductible, if any. c. Name, address, phone # and contact the person of the Insurance Company.

8. What is your Professional Liability coverage, if any:

a. Total amount of protection provided. b. Amount of deductible, if any. c. Name, address, phone # and contact the person of the Insurance Company.

9. Within the last 5 years have you had litigation, arbitration or a claim filed against or settled with your company by a client (in the educational market or otherwise) or have you filed the same against any other client? If yes, explain each in detail.

10. Has your firm ever been terminated, for cause or for convenience, prior to completion of a project or has your firm ever terminated a contract, for cause or for convenience, prior to completion of a project? If yes, please explain.

B. Approach to Services

1. Describe how your firm stays up-to-date on construction code and regulatory requirements applicable to your work. 2. Some of the construction work may occur while school is in session.

Describe how your firm will minimize any interruptions to our day-to-day operations.

2. Some of the construction work may occur while school is in session. Describe how your firm will minimize any interruptions to our day-to-day operations.

3. Discuss the method of on-site observation and project management you will use for our Project, and how you will ensure a prompt response should the same be required.

4. Add any additional information about your design and/or construction approach that you will use for this Project that you believe to be exceptional.

II. PROJECT DESCRIPTION

A. Prep and Paint all walls. Prep includes minor repairing, acid wash, sound panel repair and cleaning. To manufacturer warranty specifications.

B. Alternative 1. Dry fall painting of entire ceilings, all HVAC and structural components included.

C. Alternative 2. Prep and painting of all Rails.

D. The Contractor shall provide a minimum three-year warranty on all design, materials and workmanship from the date of final acceptance by the District. The Contractor shall also provide an itemized statement of all warranties on specific products included in the Proposal.

D. The District will have one (1) contract with the selected Contractor. The District will not have separate contracts with trade contractors or sub-consultants as part of the Contractor's contract.

E. The Contractor acknowledges that permits are required from the State of Michigan and that, unless the

District provides otherwise in accordance with 1937 PA 306, a state inspector is required regarding the services to be performed herein.

REQUEST FOR PROPOSAL FOR PAINTING MUSKEGON HIGH SCHOOL GYMNASIUM

PART 4 – PROPOSAL SUMMARY

This proposal has been prepared to provide the District with all the information requested in the RFP. The undersigned certifies that the RFP has been carefully examined and that the proposal contained herein meets or exceeds the scope of services as outlined herein and that any items that have been deleted from and/or added to the requested scope of services (including, but not limited to, the proposed contract language) are clearly noted as follows:

Signed this ____ day of ______________, 202____.

Firm Name: __________________________________________________________________

Address: __________________________________________________________________

Phone Number: __________________________ Fax Number: ________________________

If a corporation, indicated State of incorporation and affix seal.

Attest: ___________________________________________________________________

By: __________________________________________________________

ATTACHMENT “A”

[Familial Disclosure Statement]

AFFIDAVIT OF ______________________________ (insert name of affiant)

STATE OF MICHIGAN ) )ss COUNTY OF _________________ )

___________________________________ makes this Affidavit under oath and states as follows:

(insert name of affiant)

1. I am a/the:

President / Vice-President / Chief Executive Officer / Member / Partner / Owner / Other (please specify) ________________________ of [insert name of contractor], a bidder for Muskegon Public Schools.

2. I have personal knowledge and/or I have personally verified that the following are all of the familial relationships existing between the owner(s) and the employee(s) of the aforementioned contractor and the school district's superintendent and/or board members: ______

3. I have authority to bind the aforementioned contractor with the representations contained herein, and I am fully aware that the school district will rely on my representations in evaluating bids for the required services.

4. I declare the above information to be true to the best of my knowledge, information and belief. I could completely and accurately testify regarding the information contained in this affidavit if requested to do so.

__________________________________________ (signature of affiant) Dated: ________________

Subscribed and sworn before me in _________________ County, Michigan, on the ___ day of

_________________, 201____ ____________________________________________(signature) _____________________________________________ (printed) Notary public, State of Michigan, County of ________________ My Commission expires on _____________________________ Acting in the County of

ATTACHMENT “B”

[Iran Economic Sanctions Act Certification]

I am the _______(title)________ of _____________(bidder)_______________, or I am bidding in my individual capacity ("Bidder"), with authority to submit a binding bid for the Painting of Muskegon High School Gymnasiumat Muskegon Public Schools. I have personal knowledge of the matters described in this Certification, and I am familiar with the Iran Economic Sanctions Act, MCL 129.311, et seq. ("Act"). I am fully aware that the school district will rely on my representations in evaluating bids.

I certify that Bidder is not an Iran-linked business, as that term is defined in the Act. I understand that submission of a false certification may result in contract termination, ineligibility to bid for three (3) years, and a civil penalty of $250,000 or twice the bid amount, whichever is greater, plus related investigation and legal costs.

(signature)

(printed)

(date)

ATTACHMENT "C"

[Form of Agreement]

OWNER/CONTRACTOR AGREEMENT FOR PAINTING MUSKEGON HIGH SCHOOL GYMNASIUM

This Owner/Contractor Agreement for Painting Muskegon High School Gymnasium (“Agreement”) is made this ____ day of _______________, 2020 by and between Muskegon Public Schools , a Michigan general powers school district, organized and operated pursuant to the Michigan Revised School Code, whose address is 349 W Webster Ave. Muskegon Michigan 49440 (hereinafter referred to as the “District” or "Owner"), and ________________________, a Michigan ___________________, whose address is ______________________________________ (hereinafter referred to as “Contractor”), for, including the purchase and installation of all equipment, as well as related service and support, training, maintenance and warranties related to same, all in accordance with the terms and conditions herein.

RECITALS

WHEREAS, the District desires Painting Muskegon High School Gymnasium, including all necessary labor and equipment, training and warranties as set forth in the District's Request for Proposal, dated _____________, 2020 ("RFP") and as otherwise approved by the District ("Project");

WHEREAS, Contractor is an entity which has represented to have the personnel, expertise, training, capacity and qualifications to perform the Project, and has responded to the RFP ("Response"); and

WHEREAS, the District and Contractor desire to enter into this Agreement to authorize and require the Contractor to perform the obligations identified in the FRP and Response, and any other duties identified herein.

NOW THEREFORE, in consideration of the mutual promises and benefits contained herein, the parties agree as follows:

SECTION 1 – INCORPORATION OF DOCUMENTS

1.1 The RFP and Response are incorporated herein by reference as if fully restated herein. In the event of any inconsistency between or among the RFP, the Response, this Agreement or any other contract document, the provision that is more beneficial to the Owner shall be deemed to control.

SECTION 2 – DESCRIPTION OF SERVICES / RELATIONSHIP OF PARTIES

2.1 Contractor shall provide the services described in the documents identified in Section 1, as required by law, as may otherwise be subsequently agreed to by the parties in writing via change order, and/or as otherwise may be directed by the Owner via construction change directive when a change order cannot be timely agreed upon (“Services”).

2.2 Contractor agrees that the individuals assigned to provide Services under this Agreement will adhere to professional standards and will perform all Services in a manner consistent with generally accepted proficiency and competency for the type and nature of work rendered. Contractor further agrees that the equipment installed pursuant to this Agreement shall be new and of good working order.

2.3 In the performance of Services under this Agreement, Contractor (its agents, subcontractors and employees) shall be regarded at all times as performing services as an independent contractor of the District. Contractor shall be regarded, designated and considered to be the employer with respect to all individuals whom Contractor may select and assign to provide Services under this Agreement.

2.4 Contractor’s employees assigned to provide Services shall be fully certified, licensed and approved as necessary to lawfully perform the Services, and Contractor and its employees shall at all times comply with applicable statutes, laws, rules, regulations, and District policies.

2.5 Contractor is expected to coordinate the timing, location, and performance of Services with the

District's Director of Business Services. The intent of this paragraph is not to direct the Contractor's work, but only to ensure the efficient and smooth performance of the same in light of the District's ongoing operations. The Contractor shall cooperate and coordinate with other contractors performing work for the District, if any, to ensure a seamless and efficient installation of improvements.

SECTION 3 – FEES, INVOICE AND PAYMENT

3.1 In consideration of Services properly provided by Contractor under this Agreement, the District will pay to Contractor ______________________________ Dollars ($__________), which amount is consistent with the Contractor's bid amount and any accepted alternates.

3.2 Invoices shall be submitted no more frequently than monthly and shall coincide with the value of work performed. The District will remit payment on undisputed invoices or undisputed portions of invoices within thirty (30) days of receiving the invoice, but in no event shall a payment be made if such payment will result in the Contractor receiving an amount that exceeds the value of services performed to date. THE FIRST PAYMENT BY THE DISTRICT WILL BE PAID with coordination of Bond sales.

3.3 Without regard to Section 3.2, the District shall be entitled to retain ten percent (10%) of any amounts paid until the Contractor has successfully and finally completed its Services.

SECTION 4 – INDEMNIFICATION AND INSURANCE

4.1 Contractor shall indemnify and hold the District (and its officers, trustees and agents) harmless from and against all liabilities, damages, fines, penalties, demands, forfeitures, claims, suits, causes of action or any other liabilities or losses, including all costs of defense, settlement and prosecution along with attorney, expert and other professional fees, arising out of or related to any negligence or intentionally wrongful act of Contractor or any of its employees or others for whom it is responsible in connection with the performance or non-performance of the Agreement.

Contractor's indemnification responsibility shall be determined on a comparison basis, but shall equal the full amount of its degree of fault.

4.2 Contractor agrees to procure and maintain insurance coverage in types and amounts required by the

RFP. Contractor agrees to provide the District certificates of insurance evidencing such coverage prior to commencing any Services. Insurance shall be obtained and maintained from an insurance company licensed to sell insurance in the State of Michigan with an A+ A.M. Best rating, or equivalent. Insurance coverages shall not be reduced or eliminated without at least sixty (60) days prior written notice to the District.

SECTION 5 – EMPLOYEES AND SUBCONTRACTING

5.1 The District reserves the right to approve the identity of the Contractor's project director and any of its subcontractors. The District may further request the removal of any employee or subcontractor, which the Contractor shall promptly consider subject to its status as employer.

5.2 In the performance of the Agreement it may be necessary for the Contractor to sublet part of the work to others. The Contractor will inform the District as to which subcontractors will be used.

Subcontractor use shall be subject to the approval of the District. The Contractor will be fully responsible to the District for the acts and omissions of subcontractors and of all persons whether directly or indirectly employed by the Contractor. Nothing in this Agreement shall create any contractual relationship between any subcontractor and the District; however, the District shall be deemed a third party beneficiary of any agreement between the Contractor and a subcontractor.

The Contractor shall not assign, transfer, convey, or otherwise dispose of the Agreement, or any part thereof, or the Contractor’s right, title, or interest in same without the prior written consent of the District. The Contractor shall not assign any of the monies due or to become due and payable under the Agreement without prior written consent of the District.

SECTION 6 – EQUAL EMPLOYMENT OPPORTUNITY

6.1 The Contractor agrees that it will not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment, due to race, color, religion, sex, national origin, pregnancy, age, height, weight, disability, marital status or veteran status. Breach of this Section shall be regarded as a material breach of this Agreement.

SECTION 7 – OWNER’S RIGHT TO CORRECT DEFICIENCIES

7.1 If the Contractor shall neglect to perform the work properly, or should it refuse to remedy any defects in the work due to inferior quality or workmanship or material, or should it in any manner fail to perform any provision of the Agreement, the District, after 7 days' notice to the Contractor, may correct such deficiencies at Contractor’s cost and may deduct the cost thereof from any payment due the Contractor. The remedy described in this section is not exclusive and shall have no effect on the Owner’s ability to seek recovery for, among others, breach of contract, breach of warranty, and/or performance bond claims.

SECTION 8 – TIME FOR PERFORMANCE

8.1 Time is of the essence of this Agreement. The Contractor acknowledges and agrees that the performance of Services shall commence on or before __________ and shall be finally and sufficiently completed on or before __________. The failure to timely perform shall result in liquidated damages in the amount of $_______ per day. For any alleged delay in performance caused by the District, the Contractor’s sole remedy shall be an extension in the deadline for performance.

SECTION 9 – DISPUTE RESOLUTION

9.1 The parties shall first attempt to resolve disputes through non-binding mediation. Any claim or dispute not resolved by non-binding mediation shall be subject to litigation in accordance with Michigan law.

9.2 A demand for mediation may be filed along with a complaint in litigation, but the process of non-binding mediation shall proceed first (so long as permitted by the applicable court). Any demand for mediation filed prior to a complaint in litigation shall toll the statute of limitations for all applicable claims until the mediation process has been completed, successfully or unsuccessfully.

9.3 In the event of any mediation arising out of or relating to this Agreement, Owner reserves the right to require that the mediation hearing be conducted in the general area where the Owner’s principal place of business is located.

9.4 As a condition precedent to any claim or cause of action brought by the Contractor against the District, the Contractor shall notify the District in writing of any contractual or other dispute within 21 days of becoming aware of same. The failure to timely provide such notice shall be an irrevocable waiver of any claim or cause of action. Claims and causes of action by the District shall be subject to the applicable statute of limitations under Michigan law, but in no event shall a claim by the District be deemed untimely if filed within six (6) years of final completion of the Services.

SECTION 10 – TAXES

10.1 The Contractor acknowledges that the District is a tax-exempt entity and any taxes incurred pursuant to performance of this Agreement, including but not necessarily limited to sales and use taxes, shall be the sole responsibility of Contractor.

SECTION 11 – TRAINING

11.1 At no additional cost to the Owner, the Contractor shall provide basic training services for the use and maintenance of the improvements required herein. Additional training may be provided if, and to the extent, agreed by the parties.

SECTION 12 – WARRANTIES

12.1 In addition to any warranties applicable as a matter of law or agreed to by the parties, the Contractor shall provide the following warranties at no additional cost to the Owner: (a) the Owner will have good title to the improvements and all materials and equipment incorporated into the work and, unless otherwise expressly agreed by the Owner, will be new; (b) the work and all materials and equipment incorporated into the Work will be free from all defects, including any defects in workmanship or materials; (c) the work and all equipment incorporated into the Work will be fit for the purpose for which they are intended; (d) the work and all materials and equipment incorporated into the Work will be merchantable; and (e) the Work and all materials and equipment incorporated into the Work will conform in all respects to the Contract Documents.

12.2 In addition to, and not in substitution of, Section 13.1, the Contractor shall assign and forward to the

District all applicable manufacturers' warranties for any equipment, software or materials relevant to the Project and Services.

SECTION 14 -- MISCELLANEOUS

14.1 Neither party shall assign this Agreement nor its rights and duties hereunder nor any interest herein without prior written consent from the other.

14.2 This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to the services contemplated.

14.3 None of the terms and provisions of this Agreement may be modified or amended in any way except by written amendment, change order, or construction change directive.

14.4 Failure by either party at any time to require performance by the other party or to claim breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach nor affect the validity and operation of this Agreement, nor prejudice either party with regard to any subsequent action to enforce the terms of this Agreement.

14.5 This Agreement shall be interpreted and enforced under the laws of the State of Michigan.

14.6 If any provision of this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected, impaired or prejudiced thereby.

14.7 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which constitute one and the same agreement.

14.8 Notwithstanding any provisions within the Contract Documents, nothing shall be deemed a waiver of any immunity granted to District by law or statute, including but not necessarily limited to, governmental immunity under MCL 691.1407.

14.9 It is hereby understood and agreed that no product and/or material containing asbestos including chrysolite, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any combination of these materials that have been chemically treated and/or altered shall be installed or introduced into the work by the Contractor or its employees, agents, Subcontractors, or other individuals or entities over whom the Contractor has control. If applicable, the Contractor shall be required to provide a signed certification statement ensuring that all products or materials installed or introduced into the Work will be asbestos-free.

SECTION 15 – AUTHORIZATION

15.1 The Agreement has been duly authorized, executed and delivered by the parties and constitutes a legal, valid and binding obligation upon each of them, enforceable in accordance with its terms.

Each person placing his/her signature below represents and warrants that he/she is the signatory duly authorized to execute this Agreement on behalf of the District or Contractor, as is respectively applicable.

MUSKEGON PUBLIC SCHOOLS, _______________________________,

By: _______________________________ By: _____________________________

Its: _______________________________ Its: _____________________________

Date: _____________________________ Date: ___________________________

Attachment D

BID SHEET

Painting Muskegon High School Gymnasium work to start ________(enter date) $_____________

Please list any Volunteer Alternates and details below: