• 19 Haverhill Road, Windham, NH 03087 • Phone: (603) 425-1976 • Fax: (603) 425-1719 • www.windhamsd.org •
Windham School District
School Administrative Unit #95
Winfried Feneberg Superintendent Adam Steel
Director of Business, Finance, and Operations
Kori Alice Becht
Director of Curriculum, Instruction, and Assessment
Rosalyn Moriarty
Director of Student Services
Carol St. Pierre
Director of Human Resources
To: Winfried Feneberg, Superintendent From: Adam Steel
RE: GBS Modular Building Demolition and Payoff
Monday, May 12, 2014
Dear Winfried, Executive Summary
Per the School Board action on 4/15 to spend no more time or effort on fixing the GBS modular building, I put a bid together for the demolition of the building, and investigated the payoff amount for the building.
Bids Received
A bid document was put together and published on 4/18/2014. The bid was published on our website and two newspapers.
Vendor Amount Add Alternates for E & P
All-Ways Wrecking $17,500 $200
CM Whitcher Rubbish Removal LLC $19,750 N/A United Contracting Association $37,200 $2,675
Jay-Mor Enterprises $39,711 $2
Spofford Enterprises, LLC $72,270 $6,500
Although I have no prior knowledge of the two low bidders, I would recommend All- Ways Wrecking, subject to their willingness to sign the contract we produce.
Payoff Amount
The payoff amount for the GBS modular through 6/1/2014 is $224,980.15. I recommend the District payoff the remaining three payments for the GBS modular lease with Kansas State Bank. In addition to saving money in interest expenses, the District will effectively free up
$77,101 per year that can be re-allocated or returned to the taxpayers. This expense will require a limited spending freeze on non-essential expenses throughout the rest of the year.
P a g e | 2 The table below details revenue sources and commitments for special projects for the end of FY14:
Item Amount
FY14 Expense Savings $399,000.00 FY14 LGC Refund $419,000.00 CNA Projects (Estimated) -$611,438.00 GBS Modular Payoff -$224,980.15 Spending Freeze (Estimated) $25,000.00
Total $6,581.85
Requested Board Actions
1. Motion: To award the GBS modular demolition bid to All-Ways Wrecking, subject to acceptance and execution of a contract in the contract amount of $17,700 per the bid specification published on 4/18/2014.
2. Motion: To authorize the administration to payoff the lease-purchase agreement with Kansas State Bank for the GBS Modular Building in the amount of $224,980.15 and to take any other action necessary to carry out this motion.
Attachments (1):
a. Bid Solicitation Document
b. Bid Response- All-Ways Wrecking c. Contract
• 19 Haverhill Road, Windham, NH 03087 • Phone: (603) 425-1976 • Fax: (603) 425-1719 • www.windhamsd.org •
Windham School District
School Administrative Unit #95
Winfried Feneberg Superintendent Adam Steel
Director of Business, Finance, and Operations
Kori Alice Becht
Director of Curriculum, Instruction, and Assessment
Rosalyn Moriarty
Director of Student Services
Carol St. Pierre
Director of Human Resources
Bid Invitation
Golden Brook School Modular Demolition
The Windham School District is currently inviting bids from qualified individuals or companies, acting singularly or in consortium, for demolition and excavation services to remove a roughly 12,000 square foot modular facility located at Golden Brook School, 112B Lowell Road, Windham, NH 03087.
Specifications may be obtained at the School Administrative Offices, 19 Haverhill Road, Windham, NH, or at https://sites.google.com/a/windhamsd.org/business/bids-and-rfps.
Bids are due in a sealed envelope clearly marked “Golden Brook School Modular Demolition” by Wednesday, May 7, 2014 at 2:00 pm, and will be awarded by the School Board at their next regularly scheduled meeting. Bidders are invited to have a representative present at said School Board meeting, if possible.
The District reserves the right in its sole discretion to reject any and all bids, either in whole or in part; to waive any defects, informalities and/or irregularities in bid responses; to accept substitutions or exceptions to these requirements; t o a c c e p t a n y b i d e v e n t h o u gh i t m a y n o t b e t h e l o w e s t b i d ; to negotiate with a n y B i d d e r s u b m i t t i n g a b i d ; and to
otherwise act as shall be determined by the School Board in its sole and absolute judgment to be in the best interest of the District.
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BID DOCUMENT
Golden Brook School Modular Demolition
SECTION I - GENERAL REQUIREMENTS
A. Bids for the Golden Brook School Modular Demolition must be submitted to:
Director of Business, Finance, and Operations Windham School District
19 Haverhill Road Windham, NH 03087
NOT LATER THAN 2:00 pm on Wednesday May 7, 2014.
Bids are to be submitted in a sealed envelope clearly marked Golden Brook School Modular Demolition. A bidder may attach any explanatory materials, brochures, or other documents, which it may feel of use in the presentation of its bid.
Bids will be publicly opened and read at this time by the Director of Business, Finance, and Operations and will be publicly awarded at the next regularly scheduled School Board meeting.
The District will not be responsible for late mail deliveries and no bid will be accepted if received after the time stipulated above. NO FAX OR ELECTRONIC BIDS will be accepted. Any b i d s s u b m i t t e d l a t e , b y f a x o r e l e c t r o n i c a l l y w i l l n o t b e o p e n e d a n d will be returned to the Bidder. All inquiries relative to the bid shall be directed to:
Director of Business, Finance, and Operations Windham School District
19 Haverhill Road Windham, NH 03087
The District reserves the right to distribute inquiries and their related responses to all Bidders.
The District is a tax exempt organization.
B. All bids shall be valid for at least 60 days from the due date. No bid may be withdrawn prior to 60 days from the due date. The District may request additional information after the bid opening.
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C. The District is seeking a single turnkey bid. However, the District will accept separate contracts for individual phases under these specifications, if one company agrees to oversee and accept the responsibility to implement the whole system.
D. Bidders may submit multiple bids. Each bid will be evaluated separately.
E. The District reserves the right in its sole discretion to reject any and all bids, either in whole or in part; to waive any defects, informalities and/or irregularities in bid responses; to accept substitutions or exceptions to these requirements; t o a c c e p t a n y b i d e v e n t h o u g h i t m a y n o t b e t h e l o w e s t b i d ; to negotiate with a n y B i d d e r s u b m i t t i n g a b i d ; and to otherwise act as shall be determined by the School Board in its sole and absolute judgment to be in the best interest of the District.
F. An optional pre-bid walk-thru will be conducted on Monday, May 5, 2014 at 11:00 am.
SECTION II - EVALUATION PROCESS
The evaluation process will include each bid being reviewed by the District. The final recommendations will be submitted to the School Board for its approval.
Bids will be evaluated against specifications and conditions as presented in this document. No award will be made to any Bidder who cannot satisfy the School Board that t h e B i d d e r h a s sufficient ability and experience in this class of work and sufficient capital and plan to enable them to p e r f o r m and complete the services successfully within the time named.
The Board’s decision or judgment on these matters shall be final, conclusive and binding.
SECTION III - TIME TABLE
The following schedule shall be adhered to under these specifications:
Bid Period – April 19, 2014 – May 7, 2014 at 2:00 pm.
Pre-Bid Optional Walk-Thru – May 5, 2014 at 11:00 am.
Due Date for Bids – Wednesday, May 7, 2014 at 2:00 pm Bid Opening – Wednesday, May 7, 2014 at 2:00 pm
Bid Award – Next regularly scheduled School Board meeting
Commence Construction/Demolition - Thirty (30) days from bid award, unless negotiated.
SECTION IV – PROJECT SPECIFICATIONS
The project specifications can be found in the attachment labeled Appendix A.
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SECTION V - PAYMENT TERMS
The successful Bidder will be paid within thirty-days (30) from the completion of the project to the District’s satisfaction.
SECTION VI – INSURANCE REQUIREMENTS
A. WORKER’S COMPENSATION INSURANCE - The Bidder shall purchase and maintain such insurance as necessary to protect them from claims under worker’s compensation acts, and for any claims for damages for personal injury, including death, which may arise from operations under this contract and in case any such work is sublet, the Bidder shall require any subcontractors similarly to provide like insurance for all of the latter’s employees to be engaged in such work.
B. GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE - The Bidder shall purchase and maintain such general liability and property damage insurance as shall protect it, any subcontractor performing work covered by this bid, and the District from claims for damage for personal injury, including accidental death, as well as from claims for property damage, real or personal, to property owned or in the custody of private individuals, firms, or corporations, or associations and to property owned by, or in the custody of the District, which may arise from operations under this bid whether performed by the Bidder or any subcontractor or by anyone directly or indirectly employed by the Bidder.
C. CERTIFICATES - The Bidder shall include preliminary certificates with the bid submission showing that the above insurance has been purchased. The adequacy of protection shall be subject to the approval of the School Board.
D. PAYMENT AND PEFORMANCE BOND. If Bidder proposes to use subcontractors, Bidder shall provide a payment and performance bond for 100% of the contract price from a company and in a form acceptable to the District.
SECTION VII – TERMINATION
The District may at any time terminate the service and/or contract with the Bidder for the
District’s convenience and without cause. In case of such termination, the Bidder shall be entitled to receive payment from the District limited to actual documented expenses as of the termination date as its sole remedy. In no event will the District be responsible for lost profits, compensatory or other consequential damages.
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SECTION VIII – GENERAL BIDDER CERTIFICATIONS AND DISCLOSURES
Firm Name:______________________________________________________________
Business Address:_________________________________________________________
Telephone No.: _______________________ Date of Bid: ____________________
I. Criminal and Civil History. By submission of this bid, the Bidder hereby certifies under oath that the Bidder, its directors, partners, principal officers and key employees have no criminal convictions or adverse civil judgments.
Yes ______ No ________
If the answer is “no”, the Bidder shall disclose under oath the following:
A. The court, date, docket number and description of any and all misdemeanor convictions involving moral turpitude, conviction of a bidding crime and other felony convictions of the Bidder, or the Bidder’s directors, partners, principal officers or key employees. The term “key employee” for each statement shall include, but is not limited to, any employee who has an ownership interest in the Bidder and any employee who shall have contact with the schools, including all delivery personnel. A “bidding crime” is defined as any act in violation of state or federal law including, but not limited to, fraud, conspiracy, collusion, perjury, or material misrepresentation. The Bidder shall not be required to disclose any conviction which has been annulled by a court.
B. A list of all civil cases, identifying the Court, date and docket number in which a final verdict was rendered against the bidding Bidder or the Bidder’s directors, partners, principal officers or key employees on the ground of fraud, misrepresentation, dishonesty, deceit, breach of contract or any other matter involving allegations of failure to perform on a contract.
C. The court, date, docket number and description of any felony convictions whatsoever of the Bidder, as well as the contractor’s/Bidder’s directors, partners, principal officers or key employees. The term “key employee” includes, but is not limited to, any employee who has an ownership interest in the Bidder and any employee that shall have contact with the schools, including all transportation personnel. The Bidder shall not be required to disclose any conviction which has been annulled by a court.
II. Creditor Relationships and Business History. Bidder hereby certifies that it:
A. Has been in business for _________ years.
B. Is current on all undisputed business debts.
C. Has not filed for bankruptcy protection. In the alternative, Bidder filed for bankruptcy protection on _________________________________.
III. Equal Opportunity Employer. Bidder hereby certifies that it is an Equal Opportunity Employer and that it does not engage in any discriminatory hiring or employment practices.
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Yes ______ No ________
IV. Safety and Licensure. Bidder certifies that it holds all permits, licenses and certifications, whether federal or state, necessary to provide services to the District and meets all applicable safety standards.
Yes ______ No ________
V. Insurances. Bidder holds all the insurances which shall be required by the District.
Yes ______ No ________
VI. Criminal Records and Training. Bidder complies with all criminal records check requirements for its employees and meets all state and federal employee training and licensure requirements.
Yes ______ No ________
VII Contract Performance. Bidder certifies that it has never had a contract terminated for nonperformance.
Yes ______ No ________
If the answer is no, please provide a separate detailed written description of the circumstances giving rise to termination, providing the name, address and contact information of the terminating party.
The District reserves the right, at its sole discretion, to reject any Bid/Proposal which fails to contain the above-referenced certifications or disclosures. The District reserves the right, at its sole discretion, to reject any Bidder on the basis of any criminal history, civil litigation credit history or business record which it deems to be adverse to the interests of the District. The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this section the word “person” means any natural person, joint venture, partnership, corporation or other business or legal entity. Further, I certify that the items to be supplied by my firm will meet or exceed the specifications as listed in this request for bid.
Bidder’s Name:____________________________________
Signature: ________________________________________
Title: ____________________________________________
Date:_____________________________________________
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APPENDIX A
PROJECT SPECIFICATIONS
A. Location:
112B Lowell Road Windham, NH 03087
The modular building is located to the north of the Golden Brook School and is indicated by the arrow in the image below:
B. Demolition Requirements: Bidder is to provide demolition and removal services of the entire modular facility including footings, piers, and other structural elements. Bidder is to perform this work according to all Federal, State, and local requirements in such a way as to leave the District with flat, level, and clear ground where the modular building was located.
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C. Bidder is required to obtain any/all required permits, licenses, etc. that are required to perform said work.
D. Bidder is required to provide an add alternate price to disconnect electrical service to the building.
E. Bidder is required to provide an add alternate price to disconnect the propane connection to the building.
F. The District will be responsible for removing all items from the building that the District wishes to keep after the demolition.
G. Bidder is required to haul away all material and debris from the site.
H. Bidder will be required to sign within 5 days of the award of the bid a contract provided by the District in modified AIA format.
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DEMOLITION BID FORM
COMPANY:
DEMOLITION AND REMOVAL COST:______________________
Add Alternate for Electrical Disconnection:___________________
Add Alternate for Propane Disconnection:____________________
CONTRACT FOR SERVICES
The Windham School District, a municipal corporation, with a principal place of business at 19 Haverhill Road, Windham, Rockingham County, New Hampshire (hereinafter the
“District”) and All-Ways Wrecking, of Bridgewater, NH (hereinafter the “Contractor”) hereby agree as follows:
1. Work. The Contractor shall execute the work described in the contract documents specifically the work called for in the following:
A. Location:
112B Lowell Road Windham, NH 03087
The modular building is located to the north of the Golden Brook School and is indicated by the arrow in the image below:
B. Demolition Requirements: Bidder is to provide demolition and removal
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the entire modular facility including footings, piers, and other structural elements. Bidder is to perform this work according to all Federal, State, and local requirements in such a way as to leave the District with flat, level, and clear ground where the modular building was located.
C. Bidder is required to obtain any/all required permits, licenses, etc. that are required to perform said work.
D. Bidder is required to disconnect electrical service to the building.
E. Bidder is required to disconnect the propane connection to the building.
F. The District will be responsible for removing all items from the building that the District wishes to keep after the demolition.
G. Bidder is required to haul away all material and debris from the site.
2. Time. The date of commencement of the work shall be June 1, 2014. The Contractor shall achieve completion of the entire work not later than six weeks from the date of commencement.
3. Payment.
(a) The District shall pay the Contractor the contract sum of Seventeen thousand and seven hundred Dollars ($17,700) for the Contractor’s proper performance of the contract and the completion of the work. The cost of the work and the Contractor’s fees is guaranteed by the Contractor not to exceed Seventeen thousand and seven hundred Dollars ($17,700) subject to additions and deductions by changes in the work agreed to in writing by the District prior to the work being undertaken that would result in the change of the contract price. The contract sum shall not be exceeded under any circumstances unless the District gives prior written approval to the work and the additional cost of the work prior to the work being
undertaken that would form the basis of the Contractors to claim an additional amount over the contract sum.
(b) Based upon applications for payments submitted, the District shall make progress payments on account of the contract sum. The period of work covered by each application shall be one calendar month ending on the last day of the month. Payments shall be made within thirty (30) days after an application for payment is submitted to the District provided it includes a sworn statement from the Contractor that all subcontracts and material suppliers of the
Contractor have been paid to the date of the invoice.
(c) The District shall retain ten percent (10%) of any progress payment until the final completion and acceptance of the work by the District.
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4. Termination. This Agreement may be terminated with or without cause by the District upon thirty (30) days written notice. Upon termination, the Contractor shall be only entitled to the payment for services already completed under the Agreement to the District’s satisfaction which will be the Contractor’s sole remedy.
5. Means and Methods. In no event shall the District have control over, charge of or any responsibility for the means, methods, techniques, sequences or procedures or for the safety, precautions and programs in connection with the work notwithstanding any of the rights and authority granted to the District in the contract documents.
6. Contractor’s Responsibility. The Contractor shall pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent and whether or not incorporated or to be incorporated in the work.
7. Warranty.
(a) Contractor warrants to the District that any materials and equipment furnished under the contract will be of good quality and new unless the contract documents require or permit otherwise. The Contractor further warrants that the work will conform to the
requirements of the contract documents and will be free from defects except those inherent in the quality of the work the contract documents require or permit. Work, materials, or equipment that may be furnished which is not conforming to these requirements may be considered defective and be rejected by the District. Any work not completed in conformance with the contract document or rejected by the District will be corrected by the Contractor to conform with the requirements of the contract documents whether discovered before, or up to one (1) year after, final completion of the work. If the Contractor fails to correct non-conforming work, the District may correct the work and charge the Contractor the charge for completing the work in
conformance with the contract documents.
(b) Execution of the contract by the Contractor is a representation that the Contractor has visited the site and has become familiar with the local conditions under which the work is to be performed.
8. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the District, and the District’s agents, and employees or any of them from and against claims, damages, losses and expenses, including but not limited to
attorneys’ fees arising out of or resulting from performance of the work provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property caused by the negligent acts or omissions of the Contractor, a sub-contractor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part or by a party indemnified hereunder.
9. Change Orders. Changes in the work or the time to complete the work shall be accomplished only by change order. Accordingly, no course of conduct or dealings between the parties, nor any expressed or implied acceptance of alternations or additions to the work and no
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claim that the District has been unjustly enriched by any alternations or additions to the work whether or not there is, in fact, any unjust enrichment to the work shall be the basis of the claim to an increase in the amounts due.
10. Final Payment. Acceptance of the final payment by the Contractor shall constitute a waiver of claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of application for final payment.
11. Interference. Contractor should use its best efforts to minimize any interference with the occupancy or beneficial use of any areas and buildings adjacent to the site of the work.
The Contractor shall not permit any workers to use any existing facilities at the project site, including without limitation laboratories, toilets, entrances and parking areas other than those designated by the District.
12. Insurance: The Contractor shall purchase from, and maintain in a company or the company’s lawfully authorized to do business in the State of New Hampshire insurance for protection from claims under workers’ compensation acts and other employee benefit acts which are applicable, and claims for damages which may arise out of or result from the Contractor’s operations and completed operations under the terms of this Agreement. A certificate of insurance acceptable to the District shall be provided prior to the commencement of the work.
13. Governing Law/Jurisdiction. The contract shall be governed by the laws of the State of New Hampshire. Disputes arising out of or relating to this contract shall be decided by the Courts in Rockingham County, New Hampshire.
WINDHAM SCHOOL DISTRICT
Date__________________ By:_________________________________
Duly Authorized All-Ways Wrecking
Date__________________ By:_________________________________
Duly Authorized
