1-2159-10 SPECIFICATIONS ALCONA ELEMENTARY SCHOOL _ SUGAR SHACK Pages 1-75.pdf

R. S. SCOTT ASSOCIATES, INC.

ENGINEERING - ARCHITECTURE - SURVEYING

SPECIFICATIONS

ALCONA COMMUNITY SCHOOLS

ELEMENTARY SCHOOLAND SUGAR SHACK RE-ROOFING

located at

51 N. BARLOW ROAD

LINCOLN, MICHIGAN

ARCHITECT

R. S. Scott Associates, Inc.

Alpena, Michigan

W.O.: 1-2159-10

MARCH 2019

TABLE OF CONTENTS

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF CONTRACT

ADVERTISEMENT FOR BIDDERS DIVISION A

INFORMATION FOR BIDDERS DIVISION B

PROPOSAL FOR CONSTRUCTION: BID FORM DIVISION C

BID BOND DIVISION D

CONTRACT: AIA 101-2017 DIVISION E

INSTRUCTIONS FOR EXECUTING THE CONTRACT DIVISION F

PERFORMANCE BOND DIVISION G

LABOR AND MATERIALS BOND DIVISION H

AIA 201-2017 GENERAL CONDITIONS DIVISION J

SUPPLEMENTAL GENERAL CONDITIONS DIVISION I

FAMILIAL DISCLOSURE STATEMENT

IRAN STATEMENT

TECHNICAL SPECIFICATIONS

APPLICABLE STATNDARDS 01085

SUBMITTALS AND SUBSTITUTIONS 01300

CLEANING 01710

PROJECT RECORD DOCUMENTS 01720

DEMOLITION 02230

RESTORATION, LAWMS AND LANDSCAPING 02600

MASONRY MORTAR 04100

MASONRY ACCESSORIES 04150

UNIT MASONRY 04220

METAL FABRICATIONS 05500

LUMBER 06010

GLASS FIBRE ASPHALT SHINGLES 07311

ALUMINUM SOFFIT 07410

ALUMINUM FLASHING AND RAINWARE 07450

FLASHING AND SHEET METAL 07620

SEALANTS AND CAULKING 07951

BID AVERTISEMENT

ELEMENTARY SCHOO AND SUGAR SHACK RE-ROOFING

LINCOLN, MI

Sealed proposals for the re-roofing of The Elementary School and Sugar Shack located in Lincoln, MI will be received at the Office of the School Superintendent, to the Att. Of Dan O’Connor, Supt., 51 N. Barlow Road, PO Box 249, Lincoln, MI 48742.

Mark outside of envelope with

“ELEMENTARY SCHOOL AND SUGAR SHACK RE-ROOFING”

Bids due: 3 :00 P.M., local time, April 16, 2019. No electronic submissions. Late bids will not be accepted.

Bids will be opened publicly at: 3:15 p.m. April 16, 2019

Proposals will be accepted from General Contractors and/or Roofing Contractor’s acting as General Contractor and shall include all trades required for complete and proper installation A Mandatory (General Contractors/Roofing Contractors) on-site meeting will be held at 2:00 PM on Thursday, March 14, 2019. Meet at main entrance to the elementary school.

The Contract Documents, Plans and Specifications may be examined at the following:

R.S. Scott Associates, Inc., 405 River Street, Alpena, MI Buy4michigan website Plan Houses including:

Northeast Michigan Plan House, Alpena, MI .

Builders Exchange of NW Michigan, Traverse City, MI Tri-City Builders Exchange, 334 W. Water Street, Saginaw, MI 48607 REED Construction Data Plan House CAM , 43636 Woodward Avenue, Bloomfield Hills, MI 48302

Copies of the Contract Documents, may be obtained at the offices of: R.S. Scott Associates, Inc., 405 River Street, Alpena, MI. (tel: 989-354-3178 ext 6 (Susan Edwards)) or edwardss@rsscott.com

A PDF file will be provided to contractors upon request free of charge. Hard Copy sets available upon payment of $100.00 set plus $15.00 shipping. Call ahead for plan availability.

Bidders shall comply with various Federal, State and Local Laws.

Each bidder must deposit with their bid: Bank Draft, Certified Check, or Bid Bond executed by the bidder and acceptable sureties, in an amount equal to five percent (5%) of the bid and payable to” The Alcona Community Schools.” The successful bidder will be required to furnish Performance Bonds, Labor and Material Bonds each in the amount of 100% of the contract amount.

Bidders shall furnish a sworn and notarized familial disclosure statement disclosing any familial relationship that exists between the Owner or any employee of the bidder and any member of the school board or superintendent.

All proposals shall be made in accordance with Information for Bidders, Plans and Specifications. The right is reserved by the Owner to accept any proposal and to waive informalities in bidding when it is deemed to be in the interest of the project.

Dan O’Connor, Superintendent

DIVISION B

INFORMATION FOR BIDDERS

1. RECEIPT AND OPENING OF BIDS

Alcona Community Schools, (Herein called "Owner") invites bids on the forms attached hereto. All blanks must be appropriately filled in.

Bids shall be received at: Office of the School Superintendent, to the Att. of Dan O’Connor, Supt., 51 N. Barlow Road, PO Box 249, Lincoln, MI 48742 until 3 :00 P.M., local time, April 16, 2019.

The envelopes containing the bids must be sealed, addressed to:

Office of the School Superintendent, to the Att. of Dan O’Connor, Supt., 51 N. Barlow Street, Lincoln, MI 48742

And designated:

“ELEMENTARY SCHOO AND SUGAR SHACK RE-ROOFING”

Bids due: 3 :00 P.M., local time, April 16, 2019. NO ELECTRONIC SUBMISSIONS. LATE BIDS

WILL NOT BE ACCEPTED

Bids will be opened at 3:15 P.M., local time April 16, 2019

The Owner may consider informal, any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 45 days after the actual date of the opening thereof.

2. PREPARATION OF BID

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in with ink or typewritten, using both words and figures.

Each bid must be submitted in a sealed envelope. On the outside of each envelope, shall be the name of bidder, his address and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid, must be enclosed in another envelope addressed as specified in the bid form.

3. TELEGRAPHIC MODIFICATIONS

Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bid, provided such telegraphic communication is received by the Owner prior to the closing time and provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time.

The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification.

4. METHOD OF BIDDING

The Owner invites the following bid(s): Lump Sum by General Contractor and/or Roofing Contractors submitting as a General Contractor.

5. QUALIFICATIONS OF BIDDERS

The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

6. CONDITIONS OF WORK

Each bidder must inform himself fully of the conditions relating to the construction of the project and to the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract.

Insofar as possible, the Contractor in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

7. ADDENDA AND INTERPRETATIONS

No interpretation of the meaning of the plans, specifications or other probed documents will be made to any bidder orally.

Every request for such interpretation should be in writing and addressed to R.S. Scott Associates, Inc. - 405 River Street - Alpena, Michigan 49707. All requests to be given consideration must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations plus any supplemental instructions, will be in the form of written addenda to the Specifications which, if issued, will be mailed, or faxed, to all prospective bidders (at the respective address furnished for such purposes) and not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to

Receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued, shall become part of the contract documents.

8. NOTICE OF SPECIAL CONDITIONS

Attention is particularly called to those parts of the contract documents and specifications which deal with the following:

a. Inspection and testing of materials.

b. Insurance requirements.

c. Submittals

d. Warranty

9. LAWS AND REGULATIONS

The bidder's attention is directed to the fact that all applicable State Laws, municipal ordinances, rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written out in full.

10. METHOD OF AWARD - LOWEST QUALIFIED BIDDER

If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract; the contract will be awarded on the base bid only.

If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with the deductible alternates applied in Form of Bid, as produces a net amount which is within the available funds.

11. OBLIGATION OF BIDDERS

At the time of the opening of bids, each bidder will be presumed, to have inspected the site, to have read and is thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall, in no way, relieve any bidder from any obligation with respect to his bid.

12. BID BOND, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS

Each bidder must deposit with their bid: Bank Draft, Certified Check, or Bid Bond executed by the bidder and acceptable sureties, in an amount equal to five percent (5%) of the bid and payable to” The Alcona Community Schools.” The successful bidder will be required to furnish Performance Bonds, Labor and Material Bonds each in the amount of 100% of the contract amount.

12. CONSTRUCTION SCHEDULE

Prior to signing the contract, the contractor shall submit on a form acceptable to the Owner and Architect, an overall construction schedule for the project. The construction schedule shall start with the proposed date of signing the contract, and the completion date shall be the date specified in the contract. CONSTRUCTION SHALL NOT COMMENCE PRIOR TO July 1, 2019.

Verify with Owner

13. SUBCONTRACTORS

Bidders are required to list all subcontractors expected to be used on the project. If no subcontractors are to be employed, then it should be so indicated.

END OF SECTION

DIVISION C

BID FORM

BID FORM: ELEMENTARY SCHOO AND SUGAR SHACK RE-ROOFING

51 N. BARLOW ROAD

LINCOLN, MICHIGAN

BIDDERS NAME:

LEGAL ADDRESS:

Zip Code

TELEPHONE:

PROPOSAL FOR: Lump Sum

PROJECT NAME: ELEMENTARY SCHOO AND SUGAR SHACK RE-ROOFING

BIDS DUE: 3:00 P.M., local time, April 16, 2019. NO ELECTRONIC SUBMISSIONS. LATE

BIDS WILL NOT BE ACCEPTED

BID OPENING: PUBLIC at 3:15 P.M., local time, April 16, 2019

In response to your invitation for bids, the undersigned submits the following offer to enter into a contract with The Alcona Community Schools subsequent to the opening of bids. This offer has been prepared after our examination of the complete plans and specifications, together with their related documents and our examination of the proposed work, including the availability of materials, equipment and labor.

Included in this offer are all costs necessary for the Construction of the Re-roofing of the Alcona Elementary School and Sugar Shack. This offer also includes all trades required for a complete and proper installation of the proposed re-roofing, all in accordance with the contract documents prepared by R.S. Scott Associates, Inc. - 405 River St. - Alpena, MI 49707, for the sum of:

BASE BID $ ( )

The proposal is broken down as follows:

A. Demolition

B. General Trades and Roofing

D. Misc. Work (MEP trades)

Total amount includes the following addenda:

ALTERNATE DEDUCT #1: $___________________________________________________________

Eliminate all work at the Sugar Shack

DIVISION C

BID FORM

LINE ITEM UNIT COSTS:

Removal and replacement of damaged sheathing substrate psf

FORFEITURE OF BID SECURITY

If within the forty-five (45) days this offer is valid, a letter is sent notifying me of the approval of the contract, the undersigned agrees to deliver within the ten (10) succeeding days, surety bonds in the form specified or will forfeit the enclosed bank draft, certified check or bid bond in the amount of 5% of the total contract, which accompanies this proposal.

LIQUIDATED DAMAGES AND COMPLETION OF WORK

Liquidated damages identified in Section 8.4.1.1 of the General Conditions of the Contract for Construction are reduced from One Thousand Dollars ($1,000) per day to One Hundred Fifty Dollars ($150) per day.”

If awarded the contract, the undersigned agrees that time is an essential condition of the contract and will complete the work within 120 calendar days of the notice to proceed. Should the undersigned fail to complete the work by the above time, it is agreed that the sum of $150 will be deducted from the contract amount for each and every calendar day the work is incomplete. (Construction shall not commence prior to July 1, 2018)

It is understood and agreed that this deduction from the contract amount is not a penalty, but represents liquidated damages suffered by the Owner, and is so fixed, on a per diem basis, because of the extreme difficulty of ascertaining the true and full amount of damage the Owner will sustain if the work, of the undersigned, is not completed by the above date.

Furthermore, it is understood there will be no incentive pay for early completion.

SIGNATURE

The bidder declares the following legal status in submitting the proposal: (check one)

( ) A Corporation organized and existing under the law of the State of

( ) Partnership

( ) An Individual doing business as .

Respectfully submitted, BY

TITLE

DATE

(Affix Corporate Seal if Non-Michigan Corporation)

DIVISION D

-1-

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held firmly bound unto as Owner in the penal sum of ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this day of , 2019.

The condition of the above obligation is such that whereas the Principal has submitted to

Alcona Community Schools, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing

NOW, THEREFORE,

a. If said Bid shall be rejected, or in the alternate,

b. If said bid shall be accepted and the Principal shall execute and deliver a contract, in the Form of Contract, attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulated and agrees that the obligations of said Surety and its bond shall be, in no way, impaired or affected by any extension, of the time within which the Owner may accept such Bid, and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them, as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

PRINCIPAL

SURETY

BY:

IMPORTANT: Surety companies executing bonds must appear on the Treasury department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. NOTE: Contractor may use standard Bid Bond Forms as supplied by his Surety.

DIVISION E

CONTRACT

AN AIA A101-2001 CONTRACT FORM SHALL BE USED FOR THIS PROJECT

FOLLOWING IS A BLANK CONTRACT

WITH MODIFICATIONS

PER ALCONA COMMUNITY SCHOOLS

Document A101'"-2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AGREEMENT made as of the day of in the year Two Thousand Nineteen (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

Alcona Commxmity Schools 51 N. Barlow Road P.O. Box 249 Lincoln. MI 48742 and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

The Owner's 20 sinking fund projects, specifically the project, in accordance with the approved plans and specifications, the Owner's fixed budget and as otherwise approved by the Owner.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or mcxlification.

The parties should complete A101™-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201™-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

The Architect:

(Name, legal status, address and other information)

R.S. Scott Associates. Inc.

405 River Street Alpena. Ml 49707

The Owner and Contractor agree as follows.

AIA Document A101™ - 2017. Copyright © 1915,1918, 1925,1937, 1951,1958, 1961,1963, 1967,1974,1977,1987,1991,1997, 2007 and 2017 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 document was produced by AIA software at 15:00:21 ET on 03/01/2019 under Order No.

3829727574 which expires on 02/14/2020, and is not for resale.

User Notes: (3B9ADA44)

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 0A7E OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 rnSPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MiSCELUNEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, bid specifications and Owner-accepted portions o f bid responses, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fiilly a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entke and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WC«K OF THIS CONTRACT

The Contractor shall fiilly execute the Work described in the Contract Documents, except as specifically indicated in the Conti-act Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[ \e date of this Agreement.

[ ] A date set forth in a notice to proceed issued by the Owner.

[ X_ ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

I I I f a date of commencement of the Work is not selected, selected or is blank, then the date of conmiencement shall be the date of this Agreement.

§ 3.2 The Contract Time shall be measured fi-om the date of commencement of the Work. Notwithstanding the fact that the Contract Time may be extended as approved by the Owner and Architect, time is of the essence for this contract, and the Contractor shall begin work as directed by the Architect.

§ 3.3 Substantial Completion

AIA Document A101™ - 2017. Copyright © 1915.1918,1925, 1937.1951.1958,1961.1963,1967,1974, 1977.1987.1991.1997. 2007 and 2017 kjy The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Lav* 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 t>e prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:00:21 ET on 03/01/2019 under Order No.

3829727574 which expires on 02/14/2020. and is not for resale.

§ 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

[ J Not later than ( ) calendar days fix)m the date of commencement of the Work.

iTLl % f o l l o w i n g date:

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Wbrit Sutetarrtlal Con^etion I^e

§ 3.3.3 I f the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Siom shall be Dollars ($ ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates § 4.2.1 Alternates, i f any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner in writing following execution of this Agreement. Upon acceptance, the Owner shall issue the Owner's written acceptaitce. the accepted alternate shall constitute a McKlrfication to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Hem Price Conditions for Acceptance

§ 4.3 AHowances, i f any, included in the Contract Sum:

(Identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Hem Units and Limitations Price per Unit ($0.00)

14.5 Liqiudated damages, i f any:

(Insert terms and conditions for liquidated damages, if any.)

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

AIA Document A101™ - 2017. Copyright© 1915.1918.1925. 1937, 1951,1958,1961, 1963, 1967, 1974, 1977,1987, 1991. 1997. 2007 and 2017 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 document was produced by AIA software at 15:00:21 ET on 03/01/2019 under Order No.

User Notes: (3B9AOA44}

ARTICLES PAYMENTS

§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that an Application The Contractor shall submit Applications for Payment as set forth in the Contract documents. Provided that the Architect-certified Certificate for Payment is received by the Architect Owner not later than the day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the day of the month. I f an Application for Payment is received by the Architect aft:er the application date fixed above, payment of the omoxmt certified shall be made by the Owner not later than ( ) days after the Architect receives the Application for Pavment.30'i^ day of the following month, unless and to the extent the Owner disputes the propriety of the payment or the amount certified in good faith. The Owner shall have no obiigatitm to pay the ContractDr in the absence of the Owner'^s receipt of a Certificate forPaymoit fi'om the Architect for the amount certified.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. The Contractor's failure to provide a schedule of values, or to timely update it as Work progresses, shall be a substantial breach of this Agreement.

§ 5.1,5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 In accordance with A I A Document A20F**-2017, General Conditions of the Contract for Construction^ Construction as modified by the Owner, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

. f That portion o f the Contract Sum properly affocable to c-ompleted Work;

.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, i f approved in advance by the Owner, suitably stored off the site at a location agreed upon m writing; and

.3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amovint, i f any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Poyment as provided in Article 9 of A I A Document A2Q1 2017:or not certified a Certificate for Payment:

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

.4 For Work performed or defects discovered since the last payment application, any amoxmt for which the Architect may withhold payment, refuse to certify in the Certificate for Payment or nullify a Certificate ef-for Payment in whole or in part, as provided in Article 9 of A I A Document A201-2017;

and

AtADocumentAt&f^-Wr .Copyr i^eiSIS, 1918, 1925, 1937,1951,1958, 1961,1963,1967, 1974, 1977,1997,1991.1997,2007 and 2017 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 document was produced by AIA software at 15:00:21 ET on 03/01/2019 under Order No.

3829727574 which expires on 02/14/2020. and is not for resale.

.5 Retainage withheld pursuant to Section 5.1.7.

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

Ten percent (10%)

§ 5.1.7.1,1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

All payment due Contractor is subject to retainage.

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

Any reduction in the retainage of this Asreement shall be in the sole discretion of the Owner, and the Owner reserves the right to restore the retainage to its full contract amount in the eyent the Owner believes the retainage restoration is desirable.

§ 5.1,7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Final Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Final Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

Damages and expenses incurred by the Owner due to the Contractor's negligence or its breach of this Agreement and, in addition to other remedies available to the Owner, retainage may be used to pay such damages and expenses.

§ 5.1,8 I f final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall poy the Contraotor any additionol arooimts in aooordonoe with Article 9 of A I A Document A201 2017.The Owner may withhold amounts fi-om any progress payment as a setoff or recoupment for damages or losses incurred due to the Contractcg's negligent acts or omissions or the Contractor's failure to perform under the requirements of the Contract Documents. Such withheld amounts shall not constitute retainage..

§ 5,1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5,2 Final Payment § 5,2,1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fiilly performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of A I A Document A201 2017. A201-2017 as modified, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect.

§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows:

§ 5.3 InterMt

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Payments due and unpaid under the Contract shall bear interestftom the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

no interest (imcrt rate of interest agreed upon, if any.)

ARTICLES DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of A I A Document A201 2017. A 2 0 1 - 2017 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

{If(he parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of A I A Document A201 2017, A20I-2017 as modified, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

{ ] Arbitration pursuant to Section 15.4 of A I A Document A201-2017

[ X. ] Litigation in a court of competent jurisdiction

[ ] Other (Specify)

I f the Owner and Contractor do not select a method of bindmg dispute resolution, the Owner/v^rchitect Agreement contains a method of binding dispute resolution that is different than the one provided in this Agreement or do not subsequently agree in writing to a binding dispute resolution method other than litigation. Claims will be resolved by litigation in a court of competent iurisdiction:the method of binding dispute resolution provided in the Owner/Architect Agreement

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of A I A Document A20I 2017.A201-2017 as modified.

§ 7.1.1 I f the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201 2017, then the Owner shall pay the Contractor a termination fee as follows:

(Insert the amount of or methodfor determining; the foe, if any, payable to the Contractor following a tefmination for the Owner's convcnicncci)

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of A I A Document A201 2017.A201- 2017 as modified.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of A I A Document A201-2017 or another Contract Document, the reference refers to that provision as modified by the Owner and as amended or supplemented by other provfsfons of the Contract Documents.

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§ 8.2 The Owner's representative:

(Name, address, email address, and other information)

Superintendent of Schools

§ 8.3 The Contractor's representative:

(Name, address, email address, and other information)

§ 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party.

§ 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance and bonds as set forth in A I A Document A I Q I ' " 2017. Standard Form below and elsewhere in the Contract Documents.

§ 8.5.2 Ovwer's Insurance, The Owner shall be responsible for purchasing and maintaining the Owner's usual general liability insurance. Unless the obligation to purchase builder's risk insurance is placed on the Contractor pursuant to another provision of the Contract Documents, the Owner shall purchase and maintain, from an insurance company or insxirance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion, unless otherwise provided in the Contract E)ocuments or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the mterests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This in.surance shall include the interests of mortgagees as loss payees.

§ 8.5.2.1 The insurance required by Section 8.5.2 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthqiiake. flood, or windstorm. I f provided by the Contractor, the insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, i f any, are as follows:

(Indicate below the cause of loss and any applicable sub-limit.)

Causes of Loss Sub-Limit

S 8.5.2.2 The insurance required by Section 8.5.2 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The term "temporary structures", as used in this section, shall not include job trailers or any party. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect's and Contractor's services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-lhnits, if any, are as follows:

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User Notes: (3B9ADA44}

(Indicate below type of coverage and any applicable sub-limit for specific required coverages.)

Coverage Sub-Limit

§ 8.5.2.3 The policy of insurance required by Section 8.5.2. if purchased by the Owner, will exclude any tools.

equipment, scaffolding, glass breakage, etc. owned or rented by the Contractor or Subcontractors and material stored on the site but not incorporated into the Project. The Contractor shall be responsible for protecting all product until the Date of Substantial Completion is established by the Architect/Engineer. The Contractor shall replace any Work if damaged before Substantial Completion. The Contractor may assume the risk itself or obtam msurance in amounts it deems sufficient. The Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless the parties agree otherwise in writing.

§ 8.5.2.4 The policy of insurance required by Section 8.5.2. if purchased by the Owner, will exclude any tools, equipment, scaffolding, glass breakage, etc. owned or rented by the Contractor or Subcontractors and material stored on the site but not incorporated into the Project. The Contractor shall be responsible for protecting all product until the Date of Substantial Completion is established by the Architect/Engineer. The Contractor shall replace any Work if damaged before Substantial Completion. The Contractor may assume the risk itself or obtam insurance in amounts it deems sufficient. The Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless the parties agree otherwise in writing.

of Agreement Between S 8.5.3 Contractor Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Section 8.5.3 and its subparts at the following times: (1) prior to commencement of the Work: (2) upon renewal or replacement of each required policy of insvirance: and (3) upon the Owner's written request. An additional certificate evidencing contmuation of commercial hability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section A.3.2.1 and Section A.3.3.1. The certificates will show the Owner as an additional insured on the Contractor's Commercial General Liability and excess or umbrella liability policy or policies.

S 8.5.3.4 The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor.

$ 8.5.3.5 To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations: and (2) the Owner as an additional insiired for claims caused in whole or in part by the Contractor's negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations. The additional insured coverage shall be no less than that provided by Insurance Services Office. Inc. (ISO) forms C G 20 10 07 04. C G 20 37 07 04. and, with respect to the Architect and the Architect's consultants. C G 20 32 07 04.

§ 8.5.3.6 The Contractor where the basis shall purchase and maintain all insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until six years following the Date of Substantial Completion.

S 8.5.3.7 Commercial General Liabilitv $ 8.5.3.7.1 The contractor shall pxirchase and maintain Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million Dollars ($ 1.000.000 ) each occurrence. Two Million Dollars f$ 2.000.000 ) general aggregate, and Two Million Dollars ($2.000.000 ) aggregate for products-completed operations hazard, providing coverage for claims including

•1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person:

.2 personal injury and advertising injury:

.3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property;

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A bodily injmy or property damage arising out of completed operations; and •5 contractual obligations, including the indemnity obligations under Section 3.18 of the General

Conditions.

S 8.5.3.7.2 The Contractor's Commercial General Liability policy under this Section A.3.2.2 shall not contain an exclusion or restriction of coverage for the following:

.1 Claims by one insured against another insured, i f the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim.

.2 Claims for property damage to the Contractor's Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor.

.3 Claims for bodily injury other than to employees of the insured.

A Claims for indemnity under Section 3.18 of the General Conditions.

.5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language.

•6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language.

•7 Claims related to residential, multi-family, or other habitational projects, i f the Work is to be performed on such a project.

.8 Claims related to roofing, if the Work involves roofing.

•9 Claims related to exterior insulation finish systems (EIFS) , synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces.

.10 Claims related to earth subsidence or movement, where the Work involves such hazards.

.11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards.

.12 Claims related to contractual obligations.

S 8.5.3.7.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than Two Million Dollars ($ 2.000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage.

S 8.5.3.7.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under this Agreement and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through tiie actual payment by the xmderlying insurers.

S 8.5.3.8 Workers' Compensation at statutory limits.

S 8.5.3.9 Employers' Liabilitv with policy limits not less than Two Million Dollars ($ 2.000.000 ) each accident. Two Million Dollars ($2.000.000 ) each employee, and Four Million Dollars ($4.000.000 ) policy limit.

S 8.5.3 Contractor's Other Insurance Coverage § 8.5.3.1 Insurance selected and described in this Section 8.5.3 shall be purchased from an insurance company or insurance companies lawfiiUy authorized to issue insurance in the State of Michigan. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below:

a Stipulated Sum, Exhibit A, Insurance (If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.)

and Bonds. S 8.5.3.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section 8.5.3.1.

tfiW elsewhere in the ConiTatA Docummts.fSelect the types of insurance the Contractor is required to purchase and

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maintain byplacins an X in the box(es) next to the descnption(s} of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fdl point.)

% 8.5.2 The Contractor shall provide bonds as set forth f 1 § 8.5.3.2.1 Property msurance of the same type and scope satisfying the requirements identified in Section 8.5.2. which, if selected in this section

8.5.3.2.1. relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section 8.5.2.