Northwood Elementary School Door Replacement 818 W Lexington Avenue High Point, NC 27262

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1 Section PROJECT MANUAL FOR Northwood Elementary School Door Replacement 818 W Lexington Avenue High Point, NC PREPARED BY: Robbins Architecture, PA 2640 Willard Dairy Road, Suite 122, High Point, NC May 12, 2017

2 Section TABLE OF CONTENTS NORTHWOOD ELEMENTARY SCHOOL DOOR REPLACEMENT GENERAL TITLE PAGE TABLE OF CONTENTS BIDDING REQUIREMENTS ADVERTISEMENT FOR BIDS DRAFT A BID FORM PARTICIPATION MWBE (DK-P) AFFIDAVIT A LISTING OF GOOD FAITH EFFORT AFFIDAVIT B INTENT TO PERFORM CONTRACT WITH OWN WORKFORCE APPENDIX E MBE DOCUMENTATION FOR CONTRACT PAYMENTS IDENTIFICATION OF M/WSEDBE BUSINESS PARTICIPATION E-VERIFY AFFIDAVIT IRAN DIVESTMENT CERTIFICATION CONTRACT REQUIREMENTS A STANDARD FORM OF AGREEMENT Between Owner and Contactor for a Project of Limited Scope HUB PARTICIPATION REPORT SUBMITTAL TRANSMITTAL FORM PAY APPLICATION COVER SHEET COUNTY SALES AND USE TAX REPORT APPENDIX A REQUEST FOR CLARIFICATION SUBSTITUTION REQUEST FORM CHANGE ORDER REQUEST FORM CONTRACTOR S GENERAL WARRANTY CERTIFICATE OF NON USE OF ASBESTOS CONTAINING PRODUCTS A GENERAL CONDITIONS GENERAL CONDITIONS AMENDMENT REQUEST DIVISION 1 GENERAL REQUIREMENTS SUMMARY OF WORK WORK RESTRICTIONS ALLOWANCES ALTERNATES SUBSTITUTIONS PROCEDURES MODIFICATION PROCEDURES REQUEST FOR INFORMATION PAYMENT PROCEDURES Table of Contents Page - 1

3 Section TABLE OF CONTENTS PROJECT MANAGEMENT & COORDINATION SUBMITTALS SPECIAL PROJECT PROCEDURES NAME TAG TEMPLATE GCS BOARD POLICY NO USE OF TOBACCO PRODUCTS CLOSEOUT PROCEDURES CLOSEOUT REQUIREMENTS WARRANTIES SPECIFICATIONS: QUALITY REQUIREMENTS SELECTIVE SITE DEMOLITION JOINT SEALANTS HOLLOW METAL DOORS AND FRAMES DOOR HARDWARE GLAZING PAINTING END OF TABLE OF CONTENTS Table of Contents Page - 2

4 Guilford County Schools ADVERTISEMENT FOR BIDS DOOR REPLACEMENT PROJECTS Sealed proposals will be received by the Guilford County School System until 3:00, Tuesday, May 30, 2017 at 501 W. Washington Street, Greensboro, NC 27401, Room 100, and immediately thereafter publicly opened and read aloud, to furnish all materials and labor for the following projects to be bid separately: Southern Guilford High School Door Replacement 5700 Drake Road, Greensboro, NC Vandalia Elementary School Door Replacement 407 W Vandalia Road, Greensboro, NC Northwood Elementary School Door Replacement 818 W Lexington Avenue, High Point, NC Plans, specifications, contract documents and addenda can be viewed at the following web address on the Guilford County Schools Website: Follow the directions to the public plan room. Printed copies of the document package can be purchased for $100 plus shipping cost through the office of Robbins Architecture, PA and will be shipped upon receipt of payment. Questions regarding the bids should be directed in writing to Robbins Architecture, PA Willard Dairy Road, Suite 122, High Point, NC / gary@robbinsarchitecture.com. A brief description of work in the projects follows: Replacement of doors, frames and hardware as indicated on plans for each location A mandatory pre-bid conference will be held at the site as per the following schedule: Vandalia Elementary School: 9:00 AM, Thursday, May 18, 2017 Southern High School: 10:00 AM, Thursday, May 18, 2017 Northwood Elementary School: 11:00, Thursday, May 18, 2017 Attendees should meet at the main office of each site. Attendance at this conference is required, and allows all potential bidders to examine the existing conditions and to discuss particular details of the project. Bidders must be properly licensed for the work in accordance with Section 87 of the North Carolina General Statutes. E-Verify Requirements: This project requires the awarded vendor to comply with the requirements of E-Verify. (U.S. law requiring companies to employ only individuals who may legally work in the United States either U.S. citizens, or foreign citizens who have the necessary authorization.) Minority businesses are encouraged to submit bids for this project. The appropriate forms from the section entitled Participation by Women and Minority Owned Businesses must be submitted with each bid to show good faith efforts to obtain Minority and Women Owned Business Enterprise participation. The Guilford County Board of Education awards public contracts without regard to race, religion, color, creed, national origin, sex, age or handicapped condition as defined by North Carolina General Statutes, Section 168A-3. The Board reserves the right to reject any or all bids presented and to waive any informalities and irregularities. Guilford County Schools Donald Reid Purchasing Officer

5 Instructions to Bidders AIA Document A701 TM 1997 for the following PROJECT: (Name and location or address) «GCS BASE CONTRACTS» THE OWNER: (Name, legal status and address) «Guilford County Board of Education» «Facilities and Construction» «617 W. Market St., Greensboro, NC 27401» THE ARCHITECT: (Name, legal status and address) TABLE OF ARTICLES 1 DEFINITIONS 2 BIDDER'S REPRESENTATIONS 3 BIDDING DOCUMENTS 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS 6 POST-BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Formatted: Highlight Formatted: Highlight ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:54:53 on 09/26/2011 under Order No _1 which expires on 12/20/2011, and is not for resale. User Notes: ( ) 1

6 ARTICLE 1 DEFINITIONS 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. 1.6 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 the Work, as described in the Bidding Documents, is accepted. 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIONS 2.1 The Bidder by making a Bid represents that: The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction The Bid is made in compliance with the Bidding Documents The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDING DOCUMENTS 3.1 COPIES Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be refunded. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:54:53 on 09/26/2011 under Order No _1 which expires on 12/20/2011, and is not for resale. User Notes: ( ) 2

7 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them. 3.3 SUBSTITUTIONS The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents. 3.4 ADDENDA Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:54:53 on 09/26/2011 under Order No _1 which expires on 12/20/2011, and is not for resale. User Notes: ( ) 3

8 4.1 PREPARATION OF BIDS Bids shall be submitted on the forms included with the Bidding Documents All blanks on the bid form shall be legibly executed in a non-erasable medium Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern Interlineations, alterations and erasures must be initialed by the signer of the Bid All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. 4.2 BID SECURITY Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section If a surety bond is required, it shall be written on the form provided in the Bidding Documents, and the attorneyin-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. 4.3 SUBMISSION OF BIDS All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered. 4.4 MODIFICATION OR WITHDRAWAL OF BID A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:54:53 on 09/26/2011 under Order No _1 which expires on 12/20/2011, and is not for resale. User Notes: ( ) 4

9 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and timestamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted. ARTICLE 5 CONSIDERATION OF BIDS 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids for any reason determined by the Owner to be in the best interest of the Owner. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete, irregular or otherwise non-responsive shall be rejected. 5.3 ACCEPTANCE OF BID (AWARD) It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST-BID INFORMATION 6.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. 6.2 [Intentionally Omitted] 6.3 SUBMITTALS The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing:.1 a designation of the Work to be performed with the Bidder's own forces;.2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work..4 copies of any and all quotes or bids received by the Bidder from prospective subcontractors or suppliers for any portion of the Work The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:54:53 on 09/26/2011 under Order No _1 which expires on 12/20/2011, and is not for resale. User Notes: ( ) 5

10 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND 7.1 BOND REQUIREMENTS If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. 7.2 TIME OF DELIVERY AND FORM OF BONDS The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contractwithin 10 days after Notice of Award. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum, on the forms provided The bonds shall be dated on or after the date of the Contract The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR Unless otherwise required in the Bidding Documents, the The Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sumthe form provided in the Bidding Documents. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:54:53 on 09/26/2011 under Order No _1 which expires on 12/20/2011, and is not for resale. User Notes: ( ) 6

11 BID FORM Section Contractor Initials & Date Contract: Project: Bidder: Date: Single Prime Northwood Elementary School Door Replacement Guilford County Board of Education Guilford County, NC The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The Bidder further declares that he has examined the site of the work and the contract documents relative thereto, has read all special and supplemental provisions furnished prior to the opening of bids, has satisfied himself relative to the work to be performed, and thereby proposes and agrees if this proposal is accepted, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the fabrication and delivery of the work, and other related work in full and complete accordance with the plans, specifications and contract documents, to the full and entire satisfaction of the Owner, with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and other contract documents, on the Northwood Elementary School Door Replacement in High Point, NC. Bidders are advised that a notice to proceed may be issued upon approval by the Guilford County Board of Education, and in advance of the contract document. The Bidder proposes and agrees, if this proposal is accepted, to execute a Contract within ten (10) days after notification of award, for the above work and for the below stated Compensation, in the form of AIA A Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope, where the basis of payment is a Stipulated Sum., for the sum of: BASE BID: Labor Dollars ($ ) Material Dollars ($ ) Total Dollars ($ ) Single Prime General Construction Bid Form Project Values Under $100,000 1

12 BID FORM Section Contractor Initials & Date ALTERNATES: The Bidder proposes to perform the work indicated as alternates for the amounts entered below, which amounts shall be deducted from the Base Bid as indicated in the space below. (Bidders must enter an amount for each alternate.) List of Alternates: ALTERNATE #1: WORK AT DOOR #4 ALTERNATE #2: WORK AT DOOR #10 DEDUCT $ DEDUCT $ ADDENDA: The following addenda were received and used in computing this bid: Date Initial Addendum #1 Addendum #2 Addendum #3 Addendum #4 The Bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order by the Owner or Designer on or before mid June, and shall substantially complete the work on or before 120 Days from the Notice to Proceed or the contract, whichever is dated first. The undersigned further agrees that in the case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the Owner s account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Attach certified check, cash or bid bond to this proposal. RESPECTFULLY SUBMITTED this day of, 200. (Name of firm or corporation making bid) By: Title: (Owner / Partner / President / Vice President) Single Prime General Construction Bid Form Project Values Under $100,000 2

13 BID FORM Section Contractor Initials & Date License No. Federal ID No. WITNESS: (Proprietorship / Partnership) By: ATTEST: (Corporation) By: (CORPORATE SEAL) Title: (Corporate Secretary or Asst. Secretary Only) Single Prime General Construction Bid Form Project Values Under $100,000 3

14 Guilford County Board of Education Administrative Procedure Descriptor Term: PARTICIPATION BY MINORITY AND WOMEN OWNED BUSINESSES (MWBE) Descriptor Code: DK P Draft Date: March 29, 2007 Date Issued by the Superintendent: Latest Revision Date: November 28, 2011 The Guilford County Schools MWBE Office, Facilities and Purchasing Departments are committed to: Getting maximum benefits for the students from the school system s state, local and federal funds carrying out the purchasing process in the best interest of the Guilford County Schools, its students and employees and the taxpayers of Guilford County. Acting in accordance with NC General Statutes, local Board of Education policies and procedures, and recognized professional purchasing practices. Providing a climate of fair and open competition for all qualified vendors. A. For the purposes of this procedure, the following definitions shall apply: 1. Bidder/Participant Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract. 2. Contract A mutually binding legal document which defines a business relationship or any modification at the level of performance which obligates the seller to furnish supplies, equipment, materials or services, knowledge in performing construction and procurements, and obligating the buyer to pay for services. 3. Contractors Any person, firm, partnership, corporation, association, or joint venture awarded a contract purchase or service agreement at any level with GCS or has contracted with the GCS to perform construction work or repair. 4. Discrimination To distinguish, differentiate, separate, or segregate solely on the basis of age, race, religion, sex, national origin, handicap or veteran s status. 5. Disabled A person with a disability as that term is defined in N.C. Gen. Stat. 168A 3(7a). 6. Equipment Includes materials, supplies, commodities, apparatus.

15 7. Goal An objective, expressed numerically to evaluate the type and amount of public contract awards and performance of MWBE firms. 8. Good Faith Effort An activity performed by bidders to assure the participation of MWBE firms in contracts covered under this plan. 9. Joint Venture A legal merger of two or more separately owned businesses/firms for the purpose of submitting a single bid, to carry out a single business enterprise for profit, for which purpose they combine their property, capital, efforts, skills or knowledge. 10. LEA Local Education Administration unit, thusly Guilford County Schools (GCS). 11. Minority a person who is a citizen or lawful permanent resident of the United States and who is: a. African American, that is, a person having origins in any of the original racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless of race; c. Native American, that is, a person having origins in any of the original peoples of North America; d. Asian American, that is, persons having origin in any of the countries of the Far East, Southeast Asia, or the Indian areas. 12. Minority or Women or Disabled or Disadvantaged Business Enterprises (MWBE ) A business enterprise owned and controlled at a minimum of 51% by one or more members of a group defined as a minority or women. A business certified as an MWBE will show evidence of ownership and management interests and the daily business operations are real and continuing not created solely to meet the MWBE requirements. 13. Owned and controlled means a business, which is a: 1) sole proprietorship legitimately owned by a person who is a minority or white female; 2) a partnership or joint venture controlled by minorities and/or women, and in which at least 51% of the beneficial ownership interests legitimately are held by minorities and/or females, and in which at least 51% of the voting stock or interested 51% of the beneficial ownership interests are legitimately held by minorities and/or females. In addition, these persons must control the management and operations of the business on a day to day basis. 14. Owner The Guilford County Board of Education (BOE). 15. Subcontractor A firm under contract with the prime contractor for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. Work subcontracted in an emergency and which could not have been anticipated is excluded as a part of this program. 16. Socially and Economically Disadvantaged Individual A person who is socially and economically disadvantaged as that term is defined in 15 U.S.C Socially

16 B. GCS s Duties disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area that are not socially disadvantaged. 17. Verifiable Goal a. For purposes of separate prime contract system, that the awarding authority has adopted written guidelines specifying the actions that will be taken to ensure a good faith effort in the recruitment and selection of MWBE firms for participation in contracts awarded. b. For purposes of separate prime contract system, that the awarding authority has adopted written guidelines specifying the actions that the prime Contractor must take to ensure a good faith effort in the recruitment and selection of MWBE firms for participation in the contract awarded; and c. The required actions must be documented in writing by the prime contractors to the GCS. 1. Identification/Certification of Minority, Women and Socially and Economically Disadvantaged Business Enterprises a. The school system shall affirmatively seek out and gain knowledge of minority and women owned business enterprises (hereinafter MWBE) in the construction trades. b. The school system will maintain a list of products and services provided by MWBE firms. c. Attend the scheduled prebid conference. d. At least 10 days prior to the scheduled day of bid opening, notify MWBE firms that have requested notices from the GCS for public construction or repair work and MWBE firms that have indicated to the MWBE coordinator s office an interest in the type of work being bid or the potential contracting opportunities listed in the proposal. The notification shall include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time, and location where bids are to be submitted. 3. The name of the individual within the owner s organization who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist.

17 e. Utilize other media, as appropriate, likely to inform potential MWBE firms of the bid being sought. f. Maintain documentation of any contacts, correspondence, or conversation with MWBE firms made in an attempt to meet the goals. g. Review jointly with the designer all requirements of G.S (c) and G.S (f) (i.e. bidders proposals for identification of the MWBE firms that will be utilized with corresponding total dollar value of the bid and affidavit listing good faith efforts, or affidavit of self performance of work, if the contractor will perform work under contract by its own workforce) prior to recommendation of award to the Guilford County Board of Education. h. Evaluate and analyze documentation to determine that a good faith effort has been achieved for MWBE utilization prior to recommendation of award to Guilford County Board of Education. i. Review prime contractor s pay applications for compliance with MWBE utilization commitments prior to payment. j. Make documentation showing evidence of implementation of GCS s responsibilities available for review by State Construction Office and HUB Office and other interested parties upon request. C. Minority Business Subcontractor Goals 1. The goals set for participation by MWBE firms as subcontractors have been set at 12.46%. GCS goal for goods and services has been set at 10%. 2. The bidder must identify on its bid all MWBE firms that will be utilized on the project with corresponding total dollar value of the bid and an affidavit listing and documenting good faith efforts (Affidavit A) or an affidavit of self performance of work (Affidavit B), if the bidder will perform work under contract by its own workforce, as required by G.S (c) and G.S (f). 3. The bidder must complete all Sections of Affidavit A and attach Affidavit A to its bid, with documentation of Good Faith Effort as required, including a description of the portion of work to be executed by MWBE firms expressed as a percentage of the total contract price, OR 4. Provide Affidavit B, which includes sufficient information for GCS to determine that the bidder does not customarily subcontract work on this type project. The above information must be provided as required. Failure to earn at least 50 points from the Good Faith Efforts list on Affidavit A shall render the bid non responsive. Achieving the participation goal of 12.46% creates a presumption that the bidder made the required Good Faith Effort. Regardless of the percentage of participation, however, ALL BIDDERS must complete and submit Affidavit A, and must further provide certain documentation as specified by Affidavit A with their bid in order to receive Good Faith Points for certain items. GCS also shall require the apparent lowest, responsible, responsive bidder to

18 provide additional documentation of Good Faith Efforts within 72 hours of notification of being the apparent lowest responsible, responsive bidder. Failure to submit these documents / information as requested shall be grounds for deduction of Good Faith Points. In the event such a deduction results in a failure to achieve the required number of Good Faith Points, the bid shall be rejected unless the bidder has otherwise demonstrated Good Faith Efforts. D. Communications with MWBE firms GCS shall provide information to MWBE firms about the GCS s construction program. This shall be accomplished by: E. Designer 1. Sending a notice to each MWBE engaged in any aspect of school construction that is identified and certified for each school construction project that is advertised for bids; 2. Insuring that prospective MWBE bidders and subcontractors have access to bidding documents; and 3. Furnishing MWBE subcontractors with the name of prospective bidders on a project upon request, and providing prospective bidders with the schools system s list of known MWBE firms. Under the single prime bidding, separate prime bidding, construction manager at risk, or alternative contracting method, the designer will: Attend the scheduled pre bid conference to assist in the explanation of MWBE firms requirements to the prospective bidders. Assist the owner to identify and notify prospective MWBE prime and subcontractors of potential contracting opportunities. Maintain documentation of any contacts, correspondence, or conversation with MWBE firms made in an attempt to meet the goals. Review jointly with the owner all requirements of G.S (c) and G.S (f) (i.e. bidders proposals for identification of the MWBE firms that will be utilized with corresponding total dollar value of the bid and affidavit listing Good Faith Efforts, or affidavit of self performance of work, if the contractor will perform work under contract by its own workforce) prior to recommendation of award. During construction phase of the project, review MWBE Documentation for Contract Payment (Appendix E) for compliance with MWBE utilization commitments. Submit Appendix E form with monthly pay applications to the owner. Assist the Owner in evaluating any Contractor s request to terminate an MWBE, including, but not limited to, evaluation of the merits of termination request, and computation of percentage of completion of the work of the MWBE at issue. Make documentation showing evidence of implementation of Designer s responsibilities available for review by State Construction Office and HUB Office, upon request.

19 F. Anticipated Assurances from Contractors 1. Upon adoption of its verifiable goal GCS is expected to require bidders on projects to provide assurances in writing that they will make a good faith effort to solicit MWBE firms as subcontractors should they be awarded a construction contract. Bidders shall provide the following information to GCS and any other information requested in the attached forms: a. Provide applicable GCS Affidavit A or B on bid date with backup information for any requested items as specified by Affidavit A or B. Failure to submit this information shall be deemed non responsive and subject to rejection of bid. b. An Identification of MWBE Participation form; c. A description of the work, each named MWBE will perform; (AFFIDAVIT A, Section II) d. The dollar amount of participation by each MWBE (AFFIDAVIT A, Section II) and e. Documentation of Good Faith Efforts (Affidavit A, Section III) 2. A contractor s good faith effort to included but are not limited to involve MWBE firms in the project can be demonstrated by using, among other factors, the following: Contacted at least three MWBE firms that reasonably could have been expected to submit a quote and that were known to the contractor, or available on approved lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. Contact means contact by letter, fax, e mail or other means to a viable and active address. Contractor must attach evidence of this contact to bid document to Affidavit A and submit with its bid. Made the construction plans, specifications and requirements available for review by prospective MWBE firms or providing these documents to them at least 10 days before the bids are due. Broken down or combined elements of work into economically feasible units to facilitate MWBE participation. Worked with MWBE trade, community, or contractor organizations identified by the MWBE Administrator s Office and included in the bid documents that provide assistance in recruitment of MWBE firms. Attended pre bid meetings scheduled by the public owner. Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. Negotiated in good faith with interested MWBE firms and did not reject them as unqualified without discussion with entity a sound reasons based on their capabilities. Any

20 rejection of an MWBE based on lack of qualification should have the reasons documented in writing and submitted with Affidavit A with the bid. Provided assistance to an otherwise qualified MWBE in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assist MWBE firms in obtaining the same unit pricing with the bidder s suppliers in order to help MWBE firms in establishing credit. Negotiated joint venture and partnership arrangements with MWBE participation on this construction or repair project when possible. Provide quick pay agreements and policies to enable MWBEs and suppliers to meet cashflow demands. 3. Failure to submit backup information for any item required by Affidavit A may result in the bid being declared non responsive and subject to rejection. G. MWBE Responsibilities All MWBE firms must seek certification through the Department of Administration Office for Historically Underutilized Business ( HUB Office ). MWBEs who are not certified at the time the firm commits to provide services, should immediately apply for certification with the HUB Office. If the MWBE fails to submit an application or if the MWBE is not granted certification, that MWBE s contract dollars will not be counted as MWBE participation. 1. MWBE firms do not have to be certified to be listed on the bid documents; however, MWBE firms that have been awarded contracts will not be credited towards the Bidder s MWBE Participation Plan unless they are certified with the State of North Carolina. 2. MWBE firms should make every effort to establish contacts and relationships with contractors for potential future business, including attending pre bid conferences and subscribing to industry and trade journals. 3. MWBE firms should also document all contact and communications made with contractors above so as to be able to assist the Grievance Designee in determining whether a complaint lodged by an MWBE against a bidder for failure to use good faith efforts is valid. 4. In addition, MWBE firms who are contacted by GCS or bidders should respond promptly as to whether or not they wish to submit a bid. 5. MWBE firms are urged to take advantage of appropriate technical assistance and training when it is available. H. Subcontractor Replacement

21 1. The Director of Construction and the MWBE Administrator must be notified in writing immediately upon the need to replace any Subcontractor. The notification shall include the following: a. The basis for the request to terminate; b. The estimated percentage of completion of the work of the affected Subcontractor; c. The amount due to the affected Subcontractor, if any, on account of work in place; d. A description of any defective work; e. The estimated cost of any corrective work; and f. Any back charges claimed against the affected Subcontractor. 2. A Contractor shall not replace a mechanical, electrical or plumbing Subcontractor listed on its bid without the prior written consent of the Director of Construction (following prior notification to the Board) for good cause shown. A Contractor shall not replace an MWBE listed on its Affidavit A without the prior written consent of the Director of Construction and the MWBE Administrator (following prior notification to the Board) and for good cause shown. 3. Upon receipt of notification from a Contractor that it seeks to replace a Subcontractor, the Director of Construction shall inform the Superintendent or his designee. The Director of Construction also shall immediately provide the affected Subcontractor written notice of the request, and an opportunity of no less than seven (7) days within which to respond. The response of the affected Subcontractor shall include the following: a. Subcontractor s response(s) to Contractor s allegation(s) offered in support of termination; b. The estimated percentage of completion of the work of the affected Subcontractor; c. The amount due to the affected Subcontractor if any, on account of work in place; d. Subcontractor s response to any claims of defective work; e. Subcontractor s response to any claims for back charges; and f. A list of all second tier subcontractors, vendors and suppliers, including for each the amount paid to date, amount currently due, and total contract value.