Roof Replacement RFP with attachments.pdf

KINGSLEY AREA SCHOOLS

ROOF REPLACEMENT

REQUEST FOR PROPOSALS ("RFP")

May 9, 2025

INTRODUCTION

Qualified firms are invited to submit proposals to Kingsley Area Schools ("School District") for removal and replacement of the middle school roof, located at 403 Blair Street, Kingsley, Michigan 49649, with such construction to be in accordance with all applicable laws, including but not limited to the Revised School Code and School Building Construction Act, all bidding requirements, and applicable specifications ("Project"). The District's objective in issuing this Request for Proposals ("RFP") is to obtain competitive bids from which it will select one or more contractors ("Contractor") to provide construction in accordance with contract requirements and applicable laws, including Revised School Code Section 1267, MCL 380.1267.

The School 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 School District, and to weigh proposal elements as deemed beneficial to the School District. Any award shall be to the Contractor(s) that the School District considers the lowest responsible bidder.

I. SUBMISSION DEADLINE AND PROPOSAL REQUIREMENTS

The date and time for receipt of Proposals is:

May 23, 2025 at 1:00 pm

1.1 Proposal Envelope. An opaque, sealed envelope containing your Proposal, and any other supporting data to be submitted therewith, must be marked in the lower right hand corner with the following description:

RFP FOR ROOF REPLACEMENT

[PROPOSER'S NAME]

[PROPOSER'S ADDRESS]

[PROPOSER'S TELEPHONE NUMBER]

The envelope must be addressed and timely delivered to:

Joshua T. Rothwell

Superintendent of Schools Kingsley Area Schools

402 Fenton Street Kingsley, Michigan 49649

1.2 Late Proposals. Each Proposer is responsible for submission of its Proposal.

Proposals or revisions to Proposals received after the date and time specified above will be rejected for consideration by the School District. Any rejected proposals will be returned to the Proposer unopened. The School District is not liable for any delivery or postal delays.

1.3 Original Proposal and Copies. Each Proposal must be an original and hard copy, and signed by an authorized member of the Proposer’s firm. Oral, telephonic, telegraphic, facsimile, or email Proposals will NOT be accepted. Along with the original, signed Proposal, the Proposer shall also submit two (2) copies of the Proposal.

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

1.4 Opening of Proposals. The Proposals will be opened at the date and time stated above, by the Superintendent of Schools and/or such other School District administrator authorized by the Board of Education. No immediate award decision will be rendered at the time of Proposal opening. Proposals will not be reviewable by the public, nor disclosed to unauthorized persons prior to Proposal opening. However, after Proposal opening, all Proposals shall be open to public inspection, subject to any applicable disclosure prohibition under Michigan law.

1.5 RFP Clarifications and Addenda.

1.5.1 Intent to Respond. Each Proposer who intends to submit a

Proposal in response to this RFP may submit, via email, an “Intent to Respond” to Joshua T. Rothwell at jrothwell@kingsleyschools.org with the subject line "Roof Replacement RFP Intent to Respond." The Intent to Respond shall include the name of the Proposer, the name of the contact person, and that person’s email address. The School District intends to communicate with Proposers via email, including with respect to RFP clarifications and addenda.

Those Proposers who fail to properly provide an Intent to Respond are not precluded from bidding, however, they will not receive responses to requests for clarification, addenda or other relevant information, and they shall be solely responsible for obtaining any such information in an alternative manner.

1.5.2 Requests for Clarification. Proposers must examine this

RFP and otherwise satisfy themselves as to the scope of the RFP and their respective responses. After submission of proposals, the School District will not entertain any complaint or claim that the terms of the RFP were misunderstood. Proposers may request clarification of information within the RFP. All such requests should be made in email to Joshua T. Rothwell at the email address given above and with the subject line "RFP Request for Clarification." Written responses to all written requests for clarification will mailto:jrothwell@kingsleyschools.org be made and distributed to all Proposers who submitted an Intent to Respond via addenda. No requests for clarification will be accepted after the close of business four (4) calendar days before the deadline for submission of proposals.

The responses to any requests for clarification will provided to all Proposers who filed an Intent to Respond or are otherwise on record with the School District as having received an RFP.

1.5.3 Addenda. If it becomes necessary to revise any part of the

RFP, by addition, deletion, clarification, or correction, notice of the revision will be emailed to all Proposers who filed an Intent to Respond in accordance with Paragraph 1.5.1 and otherwise available to all Proposers upon an appropriate request. All addenda shall become a part of the RFP. No Addenda shall be issued after the close of business one (1) day before the deadline for submission of proposals. Each Proposer bears responsibility for confirming prior to submitting a Proposal that s/he has received all issued Addenda. To avoid miscommunication, each Proposer should acknowledge all addenda which it has received, but the failure of a Proposer to receive, or acknowledge receipt of any addendum shall not relieve the Proposer of the responsibility for complying with the terms thereof.

1.5.4 Availability. Copies of this RFP and any associated addenda may be received from the Kingsley Area Schools Business Office between the hours of 7:30 a.m. and 4:00 p.m., Monday through Friday, subject to any holidays or school closures, prior to the time and date specified above for the submission of Proposals.

1.6 RFP/Proposal Information Controlling. Each Proposer shall prepare its

Proposal based only on the information contained in this RFP, notwithstanding any information that may have been previously provided to, or alternately obtained by, a Proposer. A Proposer noting any inconsistency between the information contained in this RFP and any information previously or alternately obtained should submit a request for clarification. No information communicated verbally or in writing to or from a Proposer shall be effective unless confirmed in writing in this RFP, an addendum to this RFP, a request for clarification response, or other another written response.

1.7 Bonding and Security. Each Proposal must be accompanied by a bid bond, certified check, or irrevocable letter of credit in an amount of five percent (5%) of the bid amount. If a bid bond is posted by a Proposer, it shall be from a surety licensed to do business in the State of Michigan and the attorney-in-fact who executes the bid bond on behalf of the Proposer shall attach a certified, current copy of its power of attorney. In the event a certified check is submitted, it shall be made payable to “Kingsley Area Schools,” and the School District shall not be liable for any interest earned thereon. The security, in whatever form, shall be forfeited in its entirety as liquidated damages, and not as a penalty, if the Proposer withdraws its Proposal after the due date for submission of Proposals or, upon acceptance of its Proposal by the School District, Proposer fails to execute the form of Contract, including the provision of insurance and bonds acceptable to the School District, within thirty (30) days of an award of the Contract to Proposer. Security shall be returned to all other Proposers within a reasonable time after the award and execution of a Contract by the successful Proposer.

1.8 Reservation of Rights. It is the intent of the School District to award any Contract in due course after a reasonable period of time to evaluate Proposals in light of the RFP requirements. The School District reserves the right to waive any irregularity in the RFP process or any Proposal, and the right to award the Contract to other than the Proposer(s) submitting the lowest bid, as permitted by law. The School District reserves the right to request additional information from any or all Proposers, including an oral interview to discuss, clarify, and answer any questions regarding the Proposal. The School District reserves the right, in its sole discretion (for this provision and for all other provisions contained in this RFP), to accept or reject, in whole or in part, any or all Proposals with or without cause. Grounds for rejection of Proposals may include, but are not limited to:

● Failure of Proposal to conform to RFP requirements

● Submitting a Proposal imposing conditions which would modify the terms and conditions of the RFP or limit the Proposer’s liability to the School District on any awarded contract

● Submitting a Proposal determined by the School District to be unreasonable in price

● A Proposal is received by a Proposer determined by the School District not to be a responsible Proposer

● Failure to furnish a bond or security as required by the RFP

● Any other reason deemed relevant by the School District and which is consistently applied

1.9 Release of Claims. Each Proposer submitting its Proposal releases the

School District from any and all claims arising out of, and related to, the RFP process and the selection of a contractor.

1.10 Proposer Bears Costs of Proposal. A Proposer is responsible for any and all costs it incurs (or that are incurred by others on its behalf) in preparing or submitting a Proposal, in otherwise responding to this RFP, or in any negotiations incidental to its Proposal or this RFP.

1.11 Modification or Withdrawal of Proposals.

1.11.1 Proposals submitted early may be modified or withdrawn prior to the submission deadline. Any modified or resubmitted Proposal shall be submitted in the same fashion as required by this RFP and shall be worded so as not to reveal the amount of the original proposal sum.

1.11.2 Proposals submitted and not timely modified or withdrawn shall be irrevocable for a minimum period of ninety (90) calendar days following the submission deadline.

1.12 Economy of Preparation. Proposals shall be prepared simply, providing a concise description of the Proposer’s ability to meet the requirements of this RFP.

1.13 Bid Signature. The bid proposal shall 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 School 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.

1.14 Bid Preparation Costs. All costs incurred for bid 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 School District.

1.15 Collusive Bidding and Relationship Disclosure.

1.15.1 The Proposer certifies that their Proposal is made without any previous understanding, agreement or connection with any person, firm, or company making a Proposal for the same project and is in all respects fair and without outside control, collusion, fraud, or other illegal action.

1.15.2 The Proposer shall submit a Familial Relationship Disclosure in substantially the form attached hereto as Attachment A.

1.15.3 The Proposer shall submit an Iran Economic Sanctions Act

Certification in substantially the form attached hereto as Attachment B.

1.16 Pre-Bid Walk of Facilities.

1.16.1 The School District may conduct a pre-bid walk of the facilities on a date to be determined. The Proposer is strongly encouraged to attend any such walk-through because, if provided, no other walks will be guaranteed.

The Proposer may ask questions about facilities, equipment, repairs, and the RFP during such walk, answers to which may be given immediately or at a later date in accordance with the process described above. If a Proposer does not attend any such pre-bid walk-through, it shall provide along with its proposal an explanation why the School District should be confident that Proposer understands the scope of work to be provided pursuant to this RFP.

1.16.2 The School District reserves the right to reject the proposal of any Proposer failing to attend any such pre-bid walk and failing otherwise to explain in writing why the Proposer has at least equivalent knowledge of the School District's facilities as other Proposers who attended the walk-through.

II. SELECTION TIMELINE, CRITERIA, AND EVALUATION

2.1 The RFP shall be released and considered on the following schedule:

Release of RFP May 9, 2025 Deadline for Requests for Clarification and Addenda May 19, 2025 at 4:00 pm Proposals Due May 23, 2025 at 1:00 pm Proposer Interviews (if applicable) To be determined Contract Award Week of May 27, 2025 Commencement of Service June 14, 2025

The School District reserves the right, in its sole discretion, to change or eliminate any or all portions of the above-identified selection timeline, except for the deadline for submission of proposals, as it determines to be in its best interest, with or without notice to Proposers.

2.2 Proposal Information. Proposals must demonstrate an understanding of the scope of work and the ability to accomplish the tasks set forth herein and must include information that will enable the School District to determine the Proposer’s overall qualifications. Each Proposal shall include the information identified below and any other information required by this RFP, but may also include any other information that the Proposer feels is significant with respect to the School District making an informed decision relative to the Proposal.

2.2.1 Bid security as required by Section 1.7.

2.2.2 Original bid document and copies as required by Section 1.3.

2.2.3 The Proposal shall include a cover letter, including a brief executive summary, the legal name of the Proposer and a brief statement of its history, and a statement of whether the Proposer is a sole proprietor, a partnership, corporation, or other legal entity. The cover letter shall be on company letterhead and signed by a person authorized to bind the Proposer in contract.

2.2.4 The Proposed Contract Sum shall be identified on, and in compliance with, the Proposal Form attached hereto as Attachment C.

2.2.4.1 The Proposed Contract Sum shall be identified as a

total dollar amount, but the Proposer shall provide an adequate explanation how its costs have been computed. Proposer is encouraged to provide an explanation as to how its costs have been computed, including, without limitation, separate line items for materials, equipment and labor. Other pricing methods and alternates may be considered, but only if the Proposer is first considered responsive to the pricing requirements identified above.

2.2.4.2 Voluntary alternative pricing may be provided, so long as: (i) base pricing is provided, (ii) the required alternative pricing is provided, and (iii) the voluntary alternative pricing is clearly identified in the Bid Proposal as to scope, cost, and timing.

2.2.5 It is the responsibility of each Proposer before submitting a

Proposal to: (a) examine and carefully study the requirements of this RFP, (b) visit the site to become familiar with the work and to satisfy Proposer as to the general, local, and site conditions that may affect cost, progress, and performance of the work (the Proposer’s Proposal shall be deemed to be based upon all such conditions that could have been reasonably identified by such visit(s)), (c) become familiar with and satisfy Proposer as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the work, (d) promptly give the School District written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer discovers in this RFP and confirm that the written resolution thereof by the School District is acceptable to Proposer, and (e) determine that the RFP is sufficient to indicate and convey understanding of all terms and conditions for the performance of the work

2.2.6 By submitting a Proposal, each Proposer is attesting to the following: (a) Proposer has read and understands the RFP and the Proposal is made in accordance therewith, (b) Proposer warrants that it is familiar with the local conditions (e.g., buildings, facilities, weather) under which the work will be performed, and (c) Proposer’s price is based upon personnel, labor, services, and equipment described in the RFP and in accordance with all terms and conditions without exception.

2.2.7 The Proposer shall submit a statement of the Proposer’s qualifications, including any evidence that they are currently providing similar services for other K-12 school districts of similar size and scope as the School District, particularly identifying outstanding contracts.

2.2.8 If applicable, the Proposer shall acknowledge in writing all

Addenda received and reviewed prior to submission of its Proposal.

2.2.9 The Proposal shall include background information and

qualifications of the personnel who will be involved with the School District, including a list of proposed management staff, and describe the chain of command and reporting relationships.

2.2.10 The Proposer shall provide a list of at least three (3) references, including contact names, addresses, and phone numbers, from separate entities who have contracted with Proposer to receive similar services.

2.2.11 The Proposer shall provide evidence of its ability to furnish insurance required by this RFP and its financial stability.

2.2.12 The Proposer shall acknowledge and agree to comply with all applicable federal, state, and local laws, rules, regulations, codes, ordinances and policies that now or hereafter apply to Michigan public schools and services to be provided, particularly including the Revised School Code and School Building Construction Act.

2.2.13 The Proposer shall provide a list of all litigation, arbitrations, mediation and/or regulatory proceedings for the past five years related to Proposer’s provision of services, working conditions, and employment practices. It is not contemplated that workers’ compensation or unemployment proceedings be discussed pursuant to this section.

2.2.14 The Proposer shall specifically identify and explain any and all complaints or requested exceptions to its compliance with the requirements of this RFP (and, if applicable, the proposed form of Contract). The failure to specifically identify and explain an exception shall be deemed an express agreement to be bound by the terms of the RFP (and, if applicable, the proposed form of Contract).

2.3 Evaluation of Proposals. The purpose of this RFP is to consider a contractual relationship with an experienced and qualified entity to provide complete roof replacement and warranty services to the School District in the most efficient and cost-effective manner possible while, at the same time, maintaining the highest level of safety and reliability. Given the complexity of the services to be provided, every aspect of the operation may not be detailed in this RFP. The Proposer must document their expertise, experience, and approach based on their understanding of the School District’s requirements.

The School District will evaluate Proposal based on cost and responsibility factors, including but not necessarily limited to the following:

Cost: The total cost for all materials, equipment, supplies, labor, and services for the Project.

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

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

Qualifications: Qualifications and experience of the Proposer's key staff to be assigned to the Project.

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

Responsiveness: The Proposer's ability to meet quickly with School District officials, Proposers, etc., when necessary.

Team Compatibility: The Proposer's ability to work with students, School District employees, parents, community members, Proposers, consultants, 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 School District may consider a number of factors in determining a Proposer's “responsibility,” and it is expressly understood that the School District is not confined to the above-referenced list or any other information required or provided in response to this RFP.

2.3.1 The School District shall have the right to take such steps as are necessary to determine the ability of the Proposer to perform the work in a prompt and efficient manner in accordance with the RFP. In determining the qualifications and responsibilities of the Proposer, the School District shall take into consideration those criteria listed in Section 2.2 and any other consistently-applied information the School District deems necessary.

2.3.2 The School District reserves the right, but shall not be obligated, to select one or more Proposers for post-Proposal investigation and discussion. Such investigations and discussions, if they occur, will involve only Proposers who submit Proposals falling within a competitive range to be determined by the School District. Proposals will be generally evaluated based on quality of response to this RFP, apparent capability of Proposer in the areas of management, business stability, performance history, human resources, and cost.

2.3.3 The School District reserves the right to reject any and all

Proposals and to waive all informalities and/or technicalities where the best interest of the School District may be served, including the right to award a Contract without further discussion or negotiation, based on the terms of this

RFP.

2.4 Contract Award and Requirements.

2.4.1 The Contract will be in the form attached, except that the

School District may elect in its sole discretion to further negotiate the terms of the Contract as permitted by law, including competitive bidding requirements.

Whether the Contract is premised on the RFP and accepted portions of the Proposer’s response or a separate stand-alone agreement, the governing document shall be referred to herein as the “Contract.”

2.4.2 The award of a Contract is contingent upon securing an

acceptable Proposal, as determined within the School District’s sole discretion, in compliance with applicable laws. A Contract shall be binding and enforceable only upon the following conditions: (a) successful negotiation of terms in accordance with Section 2.4.1, if applicable, and (b) authorization by the School District’s Board of Education.

2.4.3 The Proposer shall commence work on June 14, 2025 (or

earlier, if agreed to by the School District) and shall be substantially completed on or before August 15, 2025. A proposed Project schedule must be provided for the Proposer's scope of work required or permitted by this RFP. The School District and all Proposers recognize that this schedule may be modified by the School District, in its sole and reasonable discretion, to suit its particular needs.

2.4.4 Insurance.

2.4.4.1 The Proposer shall insure jointly the liability of itself, the School District, and their duly authorized representatives for damage to property or injury to persons which arise as a result of the Contract and the duties of the Proposer which arise therefrom. Such insurance shall be secured from an insurance company authorized by law to transact the business of insurance in the State of Michigan.

Proof of such insurance, a statement of coverage limits and a copy of the applicable policy shall be provided to the School District prior to execution of the Contract. Failure to do so shall be a justifiable basis to act against the Proposer’s bid security.

2.4.4.2 The Proposer shall maintain insurance coverage

satisfactory to the School District, including with respect to coverage limits and deductibles, and as set forth below or as required by law during the term of the Contract, and shall be extended to include the School District as an additional insured. The proposed insurance provider(s) must be recognized to do business in the state. The Proposer shall furnish evidence thereof to the School District not less than thirty

(30) calendar days before coverage is required and services are scheduled to begin pursuant to the Contract. Any consultants or subcontractors of the Proposer shall provide insurance coverage at least equal to that provided by the Proposer, and those consultants or subcontractors shall also provide certificates of insurance to the School District. Insurance must be occurrence-based and maintained throughout the Project and for a period of not less than 12 months beyond the date of completion, or claims-made and maintained throughout the Project and for a period of not less than 7 years 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 School District.

2.4.4.3 The Proposer shall maintain such public liability

insurance that will protect the Proposer from any claims for damages for personal injury, including death, and damage to property that may arise from operations under, related to, or about the Contract.

2.4.4.4 The Proposer shall maintain such workers’

compensation insurance as will protect the Proposer from claims that may arise from operations under, related to, or about the Contract.

2.4.4.5 The following types of insurance, limits of liability, and policy extensions are required of the Proposer and (except for limit) all sub-contractors:

Workers Compensation and Employers Liability Insurance

Coverage A – Statutory Coverage B – $1,000,000 Per Accident

Broad Form Comprehensive General Liability Insurance (including – Premises, Contractual, Products & Completed Operations – Including Broad Form Extensions)

Each Occurrence $1,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $3,000,000 Personal Injury & Advertising Injury $1,000,000 Fire/Legal $1,000,000

Comprehensive Automobile Liability Insurance (owned, hired, and non-Owned automobiles)

Bodily & Property Damage $1,000,000 Combined Single Limit

2.4.5 Any Contract shall incorporate the terms of this RFP and accepted portions of the Proposer's response thereto. As described above, the Contract will either be premised on (the form of agreement attached as Attachment D, subject to: (a) the School District’s ability, in its sole and absolute discretion, to negotiate certain Contract terms, and (b) any specific exception to the Contract’s terms as identified and explained in writing by the Proposer pursuant to Section 2.2.14. In the event of any inconsistency within or between the Contract, the RFP, the response, or any other contract document, the provision that is most favorable to the School District (as determined in the School District's sole discretion) shall govern. Any submitted Proposal is an offer to enter into a contract based upon the foregoing.

III. DESCRIPTION OF SERVICES

3.1 Generally. Proposer shall furnish all labor, materials, tools, equipment, and services required to replace the roof on the School District’s middle school, located at 403 Blair Street, Kingsley, Michigan 49649, consistent with the requirements listed herein, including any attachments to this RFP. The roof replacement requirements are further described in Attachment E, attached hereto and incorporated herein by reference. The scope of services may change as the project progresses in the School District’s sole discretion. Environmental Architects shall act as the architect on the Project, and Trane will assist the School District as the Project’s manager.

3.2 Compensation.

3.2.1 In consideration for work on the Project, the School District shall pay to Proposer all sums due and owing and calculated in accordance with the Proposed Contract Sum (as may be modified by negotiation, to the extent permitted by law) and the billing methodology prescribed in the Proposal and accepted by the School District.

3.2.2 Proposer shall submit to the School District an invoice for services no more frequently than monthly, seeking payment for services rendered during the preceding month. Statements must provide detail that will allow the School District to verify costs and expenses incurred. The School District shall make payments within thirty (30) days of receiving Proposer’s invoice, unless and to the extent the School District reasonably disputes same in good faith.

3.2.3 The School District reserves the right, prior to an award of Contract, to evaluate and negotiate and/or reject any unit price that is determined by the School District to be unreasonable in amount.

3.2.4 The School District reserves the right to correct mathematical errors in terms, extensions and additions by the Proposer. Any School District-corrected Proposal sum total shall take precedence over the Proposer’s inaccurately computed Proposer sum total.

3.3 Equipment. Proposer's base bid shall be premised on providing and maintaining all equipment necessary to provide the services required herein.

3.4 Prime Responsibilities. The Proposer assumes responsibility for all services offered in the Proposal, regardless of who actually provides such services and whether the selected Proposer utilizes separate consultants or subcontractors. The selected Proposer shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

3.5 Taxes. The selected Proposer shall be solely responsible for all sales, use, and any other taxes related to the provision of services required by this RFP. It is acknowledged and agreed that the School District is a tax-exempt entity.

3.6 Project Schedule. Within ten (10) days after receiving notice of award, unless the School District requires a response sooner, the Proposer shall provide a schedule of services to be performed that complies with the timeline for substantial completion identified above. The School District shall review and, if acceptable, approve the schedule of services. Once approved, the schedule shall not be exceeded without the School District’s prior written consent, which may be provided or withheld in its sole discretion.

3.7 Performance/Payment Bonds. Prior to commencing services as set forth herein, Proposer shall provide performance and payment bonds, each for 100% of the bid amount, and which shall otherwise comply with the requirements of MCL 129.201, et seq. The cost of performance and payment bonds are deemed included within the bid amount. If the bid amount is less than $50,000, the School District may reject, in its sole discretion, the Proposer’s obligation to provide performance and payment bonds, or may require bonds in an amount less than 100%.

3.8 Records and Reporting Requirements.

3.8.1 The Proposer shall make available at any time to the School District all drawings, specifications, instruments of service, subcontractor agreements, operating records, or any other document or information that the School District may reasonably request. Additionally, the Proposer will provide the data to the School District on final cost reports and other information mutually agreed on by the School District and the Proposer.

3.8.2 The Proposer shall be required to provide all data necessary for the

School District to timely file all reports required by the State of Michigan, if any.

3.9 Termination of Contract.

3.9.1 In addition to any other rights the School District may have, it shall have the right to declare the Proposer in default if:

3.9.1.1 Proposer becomes insolvent, makes an assignment for

benefit of creditors, or if a petition in bankruptcy is filed by or against it;

3.9.1.2 Proposer abandons the work;

3.9.1.3 Proposer refuses to proceed with the work when and as directed by the School District or fails to correct within a reasonable correction period of not more than seven

(7) days any unsatisfactory performance after receiving notice from School District of such unsatisfactory performance;

3.9.1.4 Proposer sublets, assigns, transfers, conveys, or

otherwise disposes of the agreement other than as herein specified;

3.9.1.5 The School District Board of Education determines that Proposer is, or has been willfully or in bad faith, violating any of the provisions of the Contract;

3.9.1.6 Any applicable laws have been violated by Proposer or its agents, servants, or employees;

3.9.1.7 In the sole determination of School District, Proposer provides its services in a manner that imperils the safety of others;

3.9.1.8 The Proposer’s licenses or permits that are legally

required to perform service called for by the Contract have been suspended or revoked;

During the course of the Contract, a meeting may be called at any time by the Proposer or the School District to review the quality of the services provided or any other issue that may arise.

3.9.2 The School District shall have the right to terminate the Contract for any or no reason, without penalty, by providing seven (7) days’ prior written notice.

3.9.3 In the event of a termination, the Proposer shall be entitled only to compensation for those services properly provided to the date of termination.

Proposer shall have no right of any special or consequential damages in the event of such termination.

3.6 Hold Harmless/Indemnification Agreement.

The Proposer shall hold harmless and indemnify the School District and its respective officers, agents, employees and from every claim or demand, including the cost of legal defense, by reason of:

3.6.1 Injury to the Proposer’s or School District’s respective employees, and any injury to person or property sustained by the Proposer or by any person, firm, or corporation employed directly or indirectly by the Proposer in connection with the Proposer's negligent or wrongful performance under the Contract.

3.6.2 Injury caused by the Proposer’s Employees and any injury to person or property sustained by any person, firm, or corporation, caused by an act, neglect, default, or omission of the Proposer, by any person, firm, or corporation directly or indirectly employed by the Proposer in connection to the Proposer’s negligent or wrongful performance under the Contract.

Attachments to RFP: Attachment A – Familial Disclosure Form Attachment B – Iran Economic Sanctions Act Certification Attachment C – Proposal Form & Details Attachment D – Form of Contract Attachment E – Scope of Services / Specifications

Attachment A – Familial Disclosure Form

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:

o President o Vice-President o Chief Executive Officer o Member o Partner o Owner o Other (please specify) ________________________ of [insert name of contractor], a bidder for roof replacement services for Kingsley Area 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 Roof Replacement 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 _________________, 20____ ____________________________________________(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 provision of roof replacement services for Kingsley Area 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 – Proposal Form

This Proposal has been prepared to provide the School 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 therein, all of which shall be completed within the required Project schedule. The undersigned further certifies that, if it has any objection to the requirements of the RFP, or if it wishes to add to or delete therefrom (including, but not limited to, the proposed contract language), such objections and/or modifications are stated below:

Proposal Amount: $__________________________________ Proposal Amount Breakdown:

• Cost of Labor: $_____________

• Cost of Materials & Equipment: $_____________

• Other Costs: $_____________

Explanation of Proposal Amount (voluntary but recommended):

Please check one: Proposer [ ___ has / ___ has not] requested, received and reviewed all clarifications and addenda applicable to this RFP.

Signed this ____ day of ______________, 2025.

Firm Name: __________________________________________________________________

Address:__________________________________________________________________________ Phone Number: __________________________ Fax Number: _______________________

Proposer shall provide necessary information including but not limited to the information below.

Proposer can attach additional pages as necessary to provide additional information or explanation.

Kingsley Area Schools

REQUEST FOR PROPOSALS FOR

ROOF REPLACEMENT

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. Years firm has provided services: __________________

3. List Principals and officers of the firm:

4. List the various professional and support staff positions and number of personnel in each position in your firm.

Professional Staff Number Support Staff Number

5. Provide a brief history of your firm’s experience with public school improvements, if any.

6. List subcontractors or consultants outside your firm you propose using to provide services not available in your firm.

Number of Times

Firm Name City/State Specialty Affiliated With You

1.

2.

3.

4.

7. What is your firm’s present workload?

Number of Projects $ Value

Provide a list of all scheduled projects and unscheduled projects currently being handled by your firm, including an indication of percentage of completion for each project.

8. 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 person of Insurance Company.

d. Are the costs of this coverage included in your Fee Proposal? If not, what is that additional cost?

9. Have you had mediation, litigation, arbitration or a claim filed against or settled with your firm by an educational client, or have you filed or settled the same against an educational client? If yes, explain each in detail.

10. Have you had mediation, litigation, arbitration or a claim filed against or settled with your company by any client outside of the educational market or have you filed the same against any other client? If yes, explain each in detail.

11. Has your firm ever been terminated, for cause or for convenience, prior to completion of a project or has your firm ever terminated a contractor contract, for cause or for convenience, prior to completion of a project? If yes, explain each in detail.

B. APPROACH TO ROOF REPLACEMENT

1. Describe in detail, the process you will follow to commence the work on the Project.

2. List what you consider to be the best project you have worked on (as applicable):

Project Name:

School District:

Contact:

Phone Number:

Total Cost:

Square Footage:

Cost per Square Foot:

# of Change Orders:

Cost of Change Orders:

Date Completed:

Project Architect:

Why do you consider this school to be your firm’s best work?

3. List the top five exceptional educational features of improvements completed by your firm.

4. Describe the method(s) of budget/cost control, quality control, and time schedule adherence you will use for the Project.

5. List the steps in your standard change order procedure, your criteria used to determine whether Additional Service fees will be charged and for change orders, and your fee schedule for change orders.

6. Describe how your firm stays up-to-date on applicable legal and regulatory requirements applicable to school improvements.

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

9. List the five (5) most recent school projects for which your firm has acted as Contractor, including a general description of the project and contact information for your primary contact with the school district (as applicable).

Project #1 Name:

Contact:

Phone Number:

Total Cost:

Square Footage:

Cost per Square Foot:

# of Change Orders:

Cost of Change Orders:

Project #2 Name:

Contact:

Phone Number:

Total Cost:

Square Footage:

Cost per Square Foot:

# of Change Orders:

Cost of Change Orders:

Date Completed:

Project Architect:

Project #3 Name:

Contact:

Phone Number:

Total Cost:

Square Footage:

Cost per Square Foot:

# of Change Orders:

Cost of Change Orders:

Date Completed:

Project Architect:

Project #4 Name:

School District:

Contact:

Phone Number:

Total Cost:

Square Footage:

Cost per Square Foot:

# of Change Orders:

Cost of Change Orders:

Date Completed:

Project Architect:

Project #5 Name:

School District:

Contact:

Phone Number:

Total Cost:

Square Footage:

Cost per Square Foot:

# of Change Orders:

Cost of Change Orders:

Project Architect:

Attachment D – Form of Contract

CONTRACTOR AGREEMENT

This Contractor Agreement (“Agreement”) is made this ____ day of ______________, 2025 by and between KINGSLEY AREA SCHOOLS, a Michigan general powers school district, organized and operated pursuant to the Michigan Revised School Code, whose address is 402 Fenton Street, Kingsley, Michigan 49649 (hereinafter referred to as the “District” or "Owner"), and ___________________, a _______________, whose address is _______________ (hereinafter referred to as “Contractor”) for the replacement of the middle school roof system.

RECITALS

WHEREAS, the District issued a Request for Proposal from certified roofing contractors for the replacement of the roof on the District’s middle school located at 403 Blair Street, Kingsley, Michigan 49649 (“RFP”), and the Contractor submitted a Response thereto, dated _________, 2025 (“Response”);

WHEREAS, based on the RFP and Response, the District determined it was in the District’s best interests to award the roof replacement project (“Project”) to the Contractor;

WHEREAS, Contractor is an entity which has represented to have the personnel, expertise, training, capacity and qualifications to timely and satisfactorily perform the Project; and

WHEREAS, the District and Contractor desire to enter into this Agreement to memorialize the parties’ rights and responsibilities related to the Project.

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, Response, any post-bid documents, and any other documents referenced therein are incorporated into this Agreement as if fully restated and collectively referred to as the “Contract Documents”. In the event of any inconsistency or ambiguity within, between, or among the Contract Documents, 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 in accordance with the specifications, as 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 amendment, and as any related and incidental services become necessary to properly and timely complete the Project (“Services”). Contractor’s Services include those to be performed by Contractor, Contractor’s subcontractors and suppliers, and Contractor’s consultants and agents as enumerated in this Agreement and as reasonably necessary to complete the Project.

2.2 Contractor agrees that the individuals assigned to provide Services under this

Agreement, whether by Contractor directly or authorized subcontractors, consultants, or agents, will adhere to applicable 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.

2.3 Services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Contractor shall submit for the Owner’s approval a schedule for the performance of Services within time frames required by the Contract Documents. It is understood and agreed that minimizing disruption to the District’s operations is a critical scheduling consideration.

2.4 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.

2.5 Contractor shall follow the highest standards of its profession in performing all

Services under this Agreement. Contractor’s employees assigned to provide Services shall be fully certified, licensed and approved as necessary to lawfully perform the Services. Contractor and its employees shall at all times comply with applicable federal, state and local laws, rules, regulations and policies, including but not limited to the Revised School Code, the School Building Construction Act, the Iran Economic Sanctions Act, the Michigan Occupational Safety and Health Act, and applicable board policies of the Owner.

2.6 Contractor shall be responsible for all materials and equipment while in transit and until finally and properly installed. Contractor further agrees that any equipment installed pursuant to this Agreement shall be new and of good working order. Contractor shall indemnify and hold the Owner harmless from and against any and all claims of whatever kind or nature for damage to property or for personal injury, including death, and from and against any loss or liability in connection therewith, made by anyone arising out of the negligence or willful misconduct of Contractor under this Agreement, either by Contractor, any subcontractor of Contractor, or by anyone directly engaged or employed by Contractor, provided, however that Contractor shall have no liability hereunder, for any such claims, loss or liability to the extent they arise from or relate to the negligence or willful misconduct of the Owner.

2.7 Contractor is expected to coordinate the timing, location, and performance of Services with the District, the Architect (Environmental…