107331_Freeland High School - Roof Replacement - Bid_Permit Specs.pdf

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One SeaGate, Park Level 118 Toledo, Ohio 43604

Phone: 419-242-7405 Fax: 419-242-7400

PPrroojjeecctt NNoo.. 110077333311

MICHAEL MUSE, 1301048954

EXPIRATION DATE: 05.06.20252026

High School Roof Replacement Freeland Community School District

TABLE OF CONTENTS Page 1

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

000100 ...........Notice to Bidders 001000 ...........Instructions to Bidders 004000 ...........Form of Proposal 008000 ...........Supplementary Conditions

DIVISION 01 – GENERAL REQUIREMENTS

011000 ...........Summary 012300 ...........Alternates 012500 ...........Substitution Procedures 013000 ...........Administrative Requirements 013135 ...........Architect’s CADD Files 014000 ...........Quality Requirements 016000 ...........Product Requirements 017000 ...........Execution and Closeout Requirements 017800 ...........Closeout Submittals

DIVISION 02 – EXISTING CONDITIONS

024119 ...........Selective Demolition

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

075419 ...........Polyvinyl-Chloride (PVC) Roofing 076200 ...........Sheet Metal Flashing and Trim 077100 ...........Roof Specialties 077200 ...........Roof Accessories 079200 ...........Joint Sealants

END OF DOCUMENT

NOTICE TO BIDDERS 000100 - 1

SECTION 000100 – NOTICE TO BIDDERS

A. Sealed proposals for furnishing all labor, materials and equipment necessary for Freeland Community School District High School Roof Replacement shall be received by the Administration Office 710 Powley Drive, Freeland Michigan or submitted to bids@freelandschools.net by 2:00 p.m. (EDT) on Thursday, May 22, 2025. The bids will be privately opened.

Bids will be received for:

Single-Prime Contract

B. Bidding documents may be obtained through bidnet (bidnetdirect.com), the district website or by Emailing Rich Brienik @ rbrienik@tc.design

C. All questions and Requests for Information regarding the plans and specifications will only be given consideration if sent via e-mail to Rich Brienik, The Collaborative Inc, e-mail rbrienik@tc.design. Questions received less than 72-hours before the bid opening may not be answered.

D. Requests for consideration of any Proposed Equal for a specified product, equipment, service, or manufacturer shall be submitted to the Architect no later than ten (10) calendar days prior to the bid opening. Additional products, equipment, services, or manufacturers shall be approved as Approved Equal only by Addendum. Products submitted after ten (10) calendar days may not be accepted.

E. There will not be a contractor’s pre-bid conference but bidders may see the area of work at the request to and permission of the school district; contact Rich Brienik (rbrienik@tc.deisgn) if you would like to see the area of work.

Each bid shall be accompanied by either a Bid Guaranty and Contract Bond, or a Certified Check, Cashier’s Check,, or Money Order, on a solvent bank, in the amount of ten percent (10%) of the amount of the bid, including alternates, made payable to the Owner, as a guarantee that if the Bid is accepted, a Contract will be entered into and its performance properly secured.

F. Any and all bonds required to be furnished and delivered pursuant to the “contract” including, but not limited to, bid bonds, performance bonds, and/or payment bonds, shall be in conformity with the provisions of Michigan Revised Code. Specifically, any and all bonds required shall be issued and executed by a surety company authorized to conduct business in the state of Michigan and shall be acceptable to the Architect and Owner.

G. No bidder may withdraw his or her bid for a period of thirty (30) days after bid opening.

H. The Owner may waive any informalities and irregularities, which in its opinion do not materially affect the bid document. The Owner also reserves the right to award the contract in a manner which is in their best interest, and it may select a bidder other than the lowest bidder.

END OF SECTION 000100

mailto:bids@freelandschools.net mailto:rbrienik@tc.deisgn

INSTRUCTIONS TO BIDDERS 001000 - 1

SECTION 001000 - INSTRUCTIONS TO BIDDERS

ARTICLE 1 - BIDDING PROCEDURES

1.1 DESCRIPTION AND LOCATION OF PROPOSED WORK

A. Project: Freeland High School Partial Roof Replacement

B. Location: Freeland High School 8250 Webster Road Freeland, Michigan 48623

C. Owner: Freeland Community School District 710 Powley Drive Freeland, Michigan 48623

1.2 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE

1.2.1 See Notice to Bidders for instructions on how to obtain the Bidding and Contract Documents.

1.2.2 The Bidder shall examine all Bidding and Contract Documents, including without limitation the Drawings and Specifications for all divisions of Work for the Project, noting particularly all requirements which will affect the Bidder’s Work in any way.

1.2.3 Failure of a Bidder to be acquainted with the amount and nature of Work required to complete any applicable division of the Work, in conformity with all requirements of the Project as a whole, will not be considered as a basis for additional compensation.

1.2.4 The Bidder shall evaluate the Project site and related Project conditions where the work will be performed, to judge for himself all the factors affecting the cost of the work and time required for its completion, including without limitation the following:

1.2.4.1 The condition, layout, and nature of the Project site and surrounding area, including sub-surface conditions, if applicable;

1.2.4.2 The availability and cost of labor;

1.2.4.3 The availability and cost of materials, supplies and equipment;

1.2.4.4 The cost of any permit or license required by a local or regional authority having jurisdiction over the project;

1.2.4.5 The generally prevailing climatic conditions; winter conditions and effects of schedule.

1.2.4.6 Conditions bearing upon transportation, disposal, handling, and storage of materials.

1.2.4.7 The cost of all testing as required and called out in specifications.

INSTRUCTIONS TO BIDDERS 001000 - 2

1.3 INTERPRETATION

1.3.1 If the Bidder finds any perceived conflict, error, omission or discrepancy between the Drawings and Specifications, or any of the Bidding and Contract Documents, or is in doubt as to the meaning of any part of the Drawings, Specifications or other Bidding and Contract Documents, the Bidder shall submit a written request to the Architect for an interpretation or clarification.

1.3.2 The Bidder shall be responsible for prompt delivery of such request.

1.3.3 Due to the need to start construction immediately, no bid extension will be granted. The Bidder is encouraged to make all requests for interpretation a minimum of seven (7) days before the bid opening.

1.3.3.1 All questions and clarifications shall be faxed or e-mailed to Architect’s office as noted in “Notice to Bidders”.

1.3.4 The Architect shall issue an Addendum, no later than 72 hours prior to the bid opening, excluding Saturdays, Sundays, and legal holidays, to any and all requests for interpretation of the Bidding and Contract Documents and provide a copy to each person of record holding Drawings and Specifications.

1.3.4.1 The Addenda shall be deemed to have been validly given if the Addenda is prepared by the Architect and is mailed or otherwise furnished to each person of record holding Drawings and Specifications.

1.3.4.2 The Addenda shall be numbered when prepared to distinguish it from other Addenda that may be issued at a later date.

1.3.4.3 Failure of any bidder to receive any such Addenda shall not relieve that Bidder from any obligation of his Bid as submitted.

1.3.5 Any interpretation of the Bidding and Contract Documents made by any party other than the Architect, or in any manner other than a written Addendum, shall not be binding and the Bidder shall not rely upon any such interpretation.

1.3.6 The Bidder shall not, at any time after the execution of the Contract, be compensated for a claim alleging insufficient data, incomplete Bidding and Contract Documents, or incorrectly assumed conditions regarding the nature or character of the Work, if no request for interpretation was made by the Bidder as specified by these instructions.

1.4 SPECIFICATIONS

1.4.1 The articles, devices, materials, equipment, fixtures and other products named in the Drawings or Specifications by Reference Standards, by description only, by naming a specific brand name or catalog number so as to denote kind and quality or by naming one or more manufacturers shall be known as Specifications and all bids shall be based upon those Specifications.

1.4.2 Where two or more Specifications are named, the Bidder may furnish any one of those Specifications.

INSTRUCTIONS TO BIDDERS 001000 - 3

1.5 ALTERNATES OR EQUALS BY SUBSTITUTIONS

1.5.1 Proposed alternates or equals to the stated Specifications may only be accepted pursuant to the Requirements for Substitutions.

1.5.1.1 If the Bidder proposes to use an article, device, material, equipment, form of construction, fixture or other item other than those Specifications named, the Bidder shall certify that the item is equal in quality, and all aspects of performance and appearance, to the Specifications specified.

1.5.1.2 If the Architect approves the proposed Substitution as a Specification, the Architect shall, no later than 72 hours prior to the bid opening, excluding Saturdays, Sundays and legal holidays, issue an Addendum to all Bidders.

1.5.1.3 The Architect shall have the discretion to reject a proposed Substitution for the reason that the Bidder failed to provide sufficient information to enable the Architect to evaluate the proposed Substitution without delay in the scheduled bid opening.

1.5.1.4 Consideration may not be given to any proposed Substitution unless submitted to the Architect at least ten (10) days prior to the bid opening.

1.6 FORM OF PROPOSAL (BID FORM)

1.6.1 Each bid shall be submitted on the Form of Proposal contained in this Specification/Project Manual and sealed in an envelope clearly marked as a bid, indicating the Project name, trades bidding, and the bid date, on the envelope. The wording of the Form of Proposal shall be used without change, alteration, or addition.

1.6.2 Any change, alteration or addition in the wording of the Form of Proposal may cause the bid to be rejected.

1.6.3 Unless the Bidder withdraws the bid as provided in Article 3 hereof, the Bidder shall be required to comply with all requirements of the Bidding and Contract Documents, regardless of whether the Bidder had actual knowledge of the requirements and regardless of any statement or omission made by the Bidder which might indicate a contrary opinion.

1.6.4 The Bidder shall fill in all blank spaces in the Form of Proposal in ink or typewritten and not in pencil.

1.6.4.1 “Not Applicable” or “N/A” must be used to fill spaces that are not applicable to the Bidder’s Bid.

1.6.5 The Bidder shall show all bid amounts in both words and figures.

1.6.5.1 In the case of a conflict between the words and figures, the amount shown in words shall govern.

1.6.6 Any alteration or erasure of the wording and/or figures of the Bid amount on the Form of Proposal shall be initialed by the Bidder.

INSTRUCTIONS TO BIDDERS 001000 - 4

1.6.7 Voluntary Alternates Bids will be considered when provided in the space provided in the Bid Form. Additional Voluntary Alternates can be written into the Bid Form if needed.

Voluntary Alternates will only be considered if the listed items offer a possible cost deduct to the owner. Product substitutions that offer no cost deduct will not be accepted unless specifically approved by the Architect before the last addendum is issued.

1.6.8 The Owner reserves the right to accept or reject any or all bids on specified Alternates, in whole or in part.

1.6.8.1 If no change in the bid amount is required, indicate “No Change” or “$0 Dollars”.

1.6.8.2 A blank entry or an entry of “No Bid”, “N/A”, or similar entry on any specified Alternate that are applicable to a Bidder’s Bid will cause the bid to be rejected only if that Alternate is selected.

1.6.9 An officer or a principal of the corporation, partnership or sole proprietorship shall print or type the legal name of the business entity on the line provided and sign the Form of Proposal. All signatures must be original. The same procedure shall apply to the bid of a joint venture, except that the signature and title of an officer or a principal of each member firm of the joint venture shall be required.

ARTICLE 2 - BID OPENING AND CONSIDERATION OF BIDS

2.1 DELIVERY OF BIDS

2.1.1 It is the responsibility of the Bidder to submit the bid prior to the time scheduled for the bid opening, at the address specified in the “Notice to Bidders”.

2.1.2 If the bid envelope is enclosed in another envelope for the purpose of delivery, the exterior envelope shall be clearly marked as a bid with the Project Name and the bid date.

2.2 BID EVALUATION CRITERIA AND PROCEDURE

2.2.1 The award of the contract shall be made to a Bidder who submits a responsive and responsible Bid which meets the requirements of the Bidding and Contract Documents and who is deemed by the Owner to be fully capable of completing the Work in accordance with the Drawings, Specifications and other Bidding and Contract Documents within the time allotted.

2.2.2 The Owner reserves the right to evaluate any Bidder’s proposed subcontractors.

2.2.3 The consideration of the criteria specified in no manner limits the Owner’s discretion in awarding the contract.

2.3 REJECTION OF BID BY THE OWNER

2.3.1 The Owner may reject any or all bids, in whole or in part, on any basis and without disclosure of a reason, and waive all informalities and technicalities. The failure to make such a disclosure shall not result in accrual of any right, claim, or cause of action by any unsuccessful Bidder against the Owner.

INSTRUCTIONS TO BIDDERS 001000 - 5

2.4 NOTICE OF AWARD

2.4.1 The Owner shall notify the apparent successful Bidder that upon satisfactory compliance with all conditions precedent for Contract execution (Article 5.4), within the time specified, the Bidder will be awarded a Contract not withstanding language elsewhere in the document.

2.4.2 The Owner reserves the right to rescind any Notice of Award if the Owner determines the Notice of Award was issued in error.

ARTICLE 3 - WITHDRAWAL OF BID

3.1 WITHDRAWAL PRIOR TO BID OPENING

3.1.1 A Bidder may withdraw a bid after the bid has been received by the Owner, provided the Bidder makes a request in writing and the request is received by the Owner prior to the time of the bid opening, as determined by the employee of the Owner designated to open the bids.

3.2 WITHDRAWAL AFTER BID OPENING

3.2.1 A Bidder may withdraw a bid from consideration after the bid opening if the bid amount was substantially lower than the amounts of other bids, providing the bid was submitted in good faith, and the reason for the bid amount being substantially lower was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of Work, labor or materials made directly in the compilation of the bid amount.

3.2.2 Notice of a request to withdraw such a bid must be made in writing and filed with the Owner, with a copy to the Architect, within two (2) business days after the bid opening.

3.2.3 If a bid is withdrawn under authority of paragraph 3.2.1, the Owner may award the Contract to another Bidder or reject all bids and advertise for other bids. In the event the Owner advertises for other bids, the withdrawing Bidder shall pay the costs, in connection with the rebidding including but not limited to printing new Bidding and Contract Documents, required advertising and printing and mailing notices to prospective Bidders, if the Owner finds that such costs would not have been incurred but for such withdrawal.

ARTICLE 4 - BID SECURITY SUBMITTED WITH BID

4.1 BOND REQUIREMENTS

4.1.1 The Bidder must file with the bid either:

4.1.1.1 A Bond, payable to the Owner in the form of a bid guarantee and contract bond in the amount equal to 100% of the Base Bid plus all add Alternates;

4.1.1.2 A Certified Check, Cashier’s Check, or Money Order in an amount equal to but not less than ten (10) percent of the Base Bid plus all add Alternates. If chosen, the Certified Check, Cashier’s Check, or Money Order must be drawn on a solvent bank or savings and loan association.

INSTRUCTIONS TO BIDDERS 001000 - 6

4.1.2 The Bond shall serve as an assurance that the Bidder will, upon acceptance of the bid, comply with all conditions precedent for Contract execution, within the time specified by the Owner.

4.1.3 If the blank line on the Bond form is not filled in, the penal sum will be the full amount of the Base Bid plus all add Alternates. If the blank line is filled in, the amount must be stated in dollars and cents.

4.1.4 The Bond must be signed by an authorized agent, with Power of Attorney, from a Surety.

The Bond must be issued by a Surety authorized by the Department of Insurance to transact business in Michigan.

4.1.5 In every case where a Bond is required, should any Surety thereon, in the opinion of the Owner, become unacceptable as a Surety at any time prior to the completion of the Project and acceptance of the Work, the Contractor shall promptly furnish a replacement Surety that is acceptable to the Owner.

4.1.6 Bonds or checks will be returned to all unsuccessful Bidders upon execution of the Contract or within sixty (60) days after the bid opening, whichever is soonest.

4.2 BOND FORFEITURE

4.2.1 If for any reason other than as authorized in paragraph 3.2.1 the Bidder fails to enter into a Contract, and the Owner awards the Contract to the another responsive and responsible Bidder, the Bidder who failed to enter into a Contract shall be liable to the Owner for a penal sum not to exceed ten (10) percent of the bid guaranty and contract bond , or the full amount of the certified check, cashier’s check, or money order.

4.2.2 If the Owner then awards a Contract to such second responsive and responsible Bidder and such Bidder also fails or refuses to enter into a contract, the liability of such second responsive and responsible Bidder shall be the amount of the difference between the bid amounts of such second responsive and responsible Bidder and the third responsive and responsible Bidder, but not in excess of the liability specified in paragraph 3.2.3. Liability on account of an award to any other responsive and responsible Bidder beyond the third and best responsive and responsible Bidder shall be determined in like manner..

4.2.3 If the Bidder fails to enter into a Contract, and the Owner does not award the contract to another responsive and responsible Bidder but resubmits the Project for bidding, the Bidder failing to enter into the contract shall be liable to the Owner for a penal sum not to exceed ten (10) percent of such Bidder’s bid amount or the costs in connection with the resubmission, of printing new Bidding and Contract Documents, required advertising and printing and mailing notices to prospective Bidders, whichever is less..

4.3 PERFORMANCE BOND REQUIREMENTS

4.3.1 Not required

INSTRUCTIONS TO BIDDERS 001000 - 7

ARTICLE 5 - CONTRACT AWARD AND EXECUTION

5.1 The award and execution of the contract is based upon the expectation that the responsive and responsible Bidder will comply with all conditions precedent for contract execution within ten (10) days of the date of the Notice of Award.

5.2 Noncompliance with the conditions precedent for contract execution within ten (10) days of the date of the Notice of Award shall be cause for the Owner to cancel the Notice of Award and award the contract to the another responsive and responsible Bidder or resubmit the contract for bidding, at the discretion of the Owner. The Owner may extend the time for submitting the conditions precedent for contract execution for good cause shown. No extension shall operate as a waiver of the conditions precedent for contract execution.

5.3 Failure to award and execute the contract within thirty (30) days of the bid opening invalidates the entire bid process and all bids submitted, unless the time is extended by written consent of the Bidder whose bid the Owner has accepted, and concurrence of the Owner with such extension.

5.3.1 If the contract is awarded within thirty (30) days of the bid opening, any increases in material, labor and subcontract costs shall be borne by the Bidder without alteration of the amount of the bid.

5.3.2 If the cause of the failure to execute the contract within thirty (30) days of the bid opening is due to matters for which the Contractor is responsible, no request for increased costs will be granted.

5.4 CONDITIONS PRECEDENT FOR EXECUTION OF CONTRACT

5.4.1 If a Performance Bond is required to support the Bond, a Certificate of Compliance issued by the Department of Insurance, showing the Surety is licensed to do business in Michigan;

5.4.2 Current Michigan Workers’ Compensation Certificate;

5.4.3 Certificate of Insurance (ACORD form is acceptable) and copy of additional insured endorsement.

5.4.3.1 The Owner reserves the right to request a certified copy of the Contractor’s insurance policies.

5.5 NOTICE TO PROCEED

5.5.1 The Owner shall issue the Contractor a Notice to Proceed which shall establish the date for commencement of the Project time.

5.5.2 The Contractor shall, within ten (10) days of the date of the Notice to Proceed unless they have been previously submitted with the Bid, furnish the Architect with the following submittals:

Schedule of values;

Preliminary schedule of Shop Drawings and Submittals;

Outline of Qualifications of Proposed Superintendent.

END OF SECTION 001000

FORM OF PROPOSAL 004000 - 1

SECTION 004000 - FORM OF PROPOSAL

SEALED BIDS WILL BE RECEIVED UNTIL: 2:00 p.m., on Thursday, May 22, 2025 at the office of:

Attn: Marcus Hillborg

Administration Office

710 Powley Drive

Freeland, Michigan 48623

NAME OF BIDDER _______________________________________________________

ADDRESS OF BIDDER _______________________________________________________

FORM OF PROPOSAL

For:

Freeland High School Roof Replacement

Gentlemen/Ladies:

We, the undersigned, having carefully examined the Drawings and Specifications, together with all Addenda, prepared by The Collaborative Inc, Architects/Landscape Architects/Interior Designers, One SeaGate, Park Level

118, Toledo, Ohio; propose the following:

In submitting this Bid Proposal, it is agreed:

A. To maintain conditions for thirty (30) days following the bid opening date.

B. To accept provisions of the "Notice to Bidders" and "Instructions to Bidders".

C. To execute a contract awarded on the basis of this proposal within 10 days after being notified of the Owner's intentions.

D. Bidder has examined the existing conditions where the Work is to be performed, the legal requirements and local conditions affecting cost, progress, furnishing or performance of the Work and has made such independent investigations as Bidder deems necessary.

E. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any Agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER.

FORM OF PROPOSAL 004000 - 2

SEALED BID PACKAGE MUST INCLUDE:

o SIGNED BID FORM.

o BID GUARANTY AND CONTRACTBOND (Or as otherwise allowed in the Instructions to Bidders)

ITEM 1 GENERAL

A. In accordance with applicable law, The Freeland Community School District is soliciting bids, and shall award to the responsive and responsible bidder(s) but reserves the right to reject any and all bids. Bids shall be determined in accordance with the Bid evaluation procedure detailed in Instruction to Bidders.

B. The bidder acknowledges the right of the Owner to reject any or all bids on any basis and without disclosure of a reason.

C. The bidder acknowledges the right of the Owner, in evaluating any bid, to waive any or all informalities, irregularities and technicalities.

D. The bidder also acknowledges the right of the Owner to reject the bid if:

1. The bid is in any way incomplete or irregular, or if for any other reason the bidder is determined to be “non-responsive.”

2. The bidder is determined to be “non-responsible” due to past performance history, financial problems, not having sufficient manpower and equipment to execute the work or other criteria as indicated in the Instructions to Bidders.

3. If post bid information does not indicate experience similar in scope to the work for which bid is submitted.

4. Bidder’s history on similar past projects, including claims against previous Owner(s).

ITEM 2 SINGLE PRIME CONTRACT - BASE BID:

Bid proposal for all labor and material as described in the contract document for Single Prime Base Bid stated below:

All labor and material, for the sum of: Dollars $___________________

Sum in words: _____________________________________________________ Dollars.

ALTERNATE LIST

1. A-1 – Fixed Rooftop Ladder Dollars $ __________________

Sum in words: Dollars.

FORM OF PROPOSAL 004000 - 3

VOLUNTEER ALTERNATE LIST

1. Dollars $ __________________

Sum in words: Dollars.

2. Dollars $ __________________

Sum in words: Dollars.

3. Dollars $ __________________

Sum in words: Dollars.

ITEM 3 PROJECT COMPLETION:

A. The Contractor shall diligently prosecute the Work and shall effect Contract Completion following the date set forth in the Notice to Proceed, unless an extension of time is granted in accordance with the Contract Documents.

B. The Owner will provide complete access to the project site beginning on the date established in the Notice to Proceed.

C. The Owner is anxious to take occupancy of a substantially complete project. However, the Owner does not want to sacrifice quality for time and, therefore, is asking all bidders to note their realistic estimate of consecutive calendar days to perform the work drawn and specified.

D. It is understood and agreed that all Work to be performed under the Contract shall be started and completed as listed below:

ITEM 4 ADDENDUM RECEIPTS:

A. The receipt of the following addenda to the Drawings and Specifications is hereby acknowledged:

No. __________ Date __________ No. __________ Date __________

No. __________ Date __________ No. __________ Date __________

No. __________ Date __________ No. __________ Date __________

FORM OF PROPOSAL 004000 - 4

ITEM 5 REJECTION OF BIDS:

A. In submitting this Bid, it is understood that the right is reserved by the Owner to reject any and all bids or to waive informalities in bidding. It is agreed that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof.

ITEM 6 CERTIFICATION

_________________________________________(Name of Contractor) does hereby understand and acknowledge the representations in this Proposal are important, material and contractual, and not mere recitals, in addition to the following affirmations.

A. The Bidder has read and understands the Plans and Specifications, and all Addenda, to the extent that such documents relate to the work for which the Bid is submitted, and that the Bid is based upon the materials, equipment, and systems required by the Plans and Specifications, and all Addenda, without exception.

B. The Bidder has visited the site, become familiar with local conditions, performed any tests required and has correlated personal observations about the requirements of the Plans and Specifications. The Bidder has no outstanding questions regarding the interpretation of the Plans, Specifications, and Contract Documents, other than those which may have been submitted to the ARCHITECT in writing prior to the Bid opening. Bidders will not receive additional payment or be granted an extension of time for conditions, which the Bidder could have determined by examining the site.

C. The Bidder acknowledges that the sole remedy for: (1) any delay in the commencement, prosecution, or completion of the work; (2) hindrance or obstruction in the performance of the work; (3) loss of productivity; or (4) other similar claims, whether or not such delays are foreseeable, is an extension of time in which to complete the work by an amount equal to the time lost due to delays beyond the control of the Contractor. In no event shall the Contractor be entitled to any other compensation or recovery of any damages in connection with any delay, including, without limitation, costs of acceleration, consequential damages, lost opportunity costs, impact damages, lost profits, extended field or office overhead, or other similar remuneration.

D. All statements contained in this Proposal or Bid are true and further, that the prices which have been quoted in the Proposal have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor.

E. The Bidder will enter into and execute a Contract with the OWNER when awarded on the basis of this Bid, and in connection therewith to furnish all Bonds and insurance in accordance with the Bidding Documents, accomplish the work in accordance with the Contract, and complete all work within the specified time.

F. When the Bid Security furnished is to be a Bid Guaranty and Contract Bond, the Bidder certifies that they have notified a Surety Company that a Bid has been submitted, and the Surety Company has issued a Bid Guaranty and Contract Bond for the Work if the Bid is accepted and the Bidder is awarded a Contract. The Bidder agrees to accept the provisions of the Instructions to Bidders regarding the disposition of Bid Security.

FORM OF PROPOSAL 004000 - 5

G. When the Bid Security furnished is to be a Bid Bond, the Bidder certifies that they have notified a Surety Company that a Bid has been submitted, and the Surety Company has issued a Bid Bond.

The Bidder agrees to accept the provisions of the Instructions to Bidders regarding disposition of Bid Security and to provide, a Performance Bond for the Work if the Bid is accepted and the Bidder is awarded a Contract.

H. When the Bid Security furnished is to be other than a Bond, as allowed for in the Instructions to Bidders, the Bidder agrees to accept the provisions of the Instructions to Bidders regarding disposition of Bid Security and to provide a 100% Performance Bond for the Work if the Bid is accepted and the Bidder is awarded a Contract.

I. If the Bidder is a corporation, partnership or sole proprietorship, an officer, partner or principal of the Bidder, as applicable, shall print or type the legal name of the Bidder on the line provided and SIGN THE BID FORM. If the Bidder is a joint venture, an officer, partner or principal, as applicable, of each member of the joint venture shall print or type the legal name of the applicable member on the line provided and sign the Bid Form. All signatures must be original.

Respectfully submitted, (Firm Name)

By ___________________________/____/____ (Firm Name) (Date)

(Typed Name)

(Seal of Corporation) (Title)

Official Address:

Phone: (_____) - _____ - _______

END OF SECTION 004000

SUPPLEMENTARY CONDITIONS 008000 - 1

SECTION 008000 - SUPPLEMENTARY CONDITIONS

GENERAL

A. The following supplements modify AIA Document A201-2007, General Conditions of the Contract for Construction. Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of General Conditions remain in effect.

ARTICLE 1 GENERAL PROVISIONS

Add Section 1.1.6.1 to Section 1.1.6

1.1.6.1 PROJECT MANUAL

At the election of the Architect, a Project Manual may include specifications and additional Contract Documents.

Add Section 1.1.7.1 to Section 1.1.7

1.1.7.1 MODELS

Models that are a part of the Instruments of Service may be in physical or electronic form.

Add the following to Section 1.2.1:

1.2.1.1 In the event of conflicts or discrepancies among Contract Documents, interpretations will be based on the following priorities:

.1 Modifications, including Bulletins, CCD and ASI

.2 The Agreement

.3 Addenda, with those of later date having precedence over those of earlier date

.4 The Supplementary Conditions

.5 The General Conditions of the Contract for Construction

.6 Division I of the Specifications

.7 Drawings and Divisions 2 – 49 of the Specifications

.8 Information included in larger scale details shall take precedence over smaller scale details

.9 Other documents specifically enumerated in the Agreement as part of the Contract Documents.

.2 In the case of an inconsistency between Drawings and Specifications or within either Document not clarified by Addendum, the better quality or greater quantity of Work shall be provided unless the Architect instructs otherwise in writing.

.3 If an item is shown on the Drawings but not specified, the Contractor shall provide the item of the same quality as similar items specified, unless the Architect instructs otherwise in writing. If an item is specified but not shown on the Drawings, it shall also be provided and located as directed by the Architect.

.4 The Drawings are indications of the design intent as well as specific instructions. The “details” included on Drawings show the intent of all similar areas. If questions arise about the construction of an area not specifically detailed, consult with the Architect who will provide further “details” and instructions. Such further documentation, if consistent with the Contract Documents, shall not alter the Contract Sum or alter Contract Time.

.5 In the event that a required item or component of the Project is unintentionally omitted from the

Contract Documents, the Owner will be responsible for the cost that provides betterment or enhances the value of the Project.

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Add Section 1.4.1 to Section 1.4

1.4.1 “Or” is meant not to be exclusive; “and” may be read “or,” and “or” may be read “and” if the sense requires it.

Add the following to Section 1.6:

1.6.1 Contractor to refer to the architects Electronic File Transfer Agreement. A copy will be provided upon request

1.6.2 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and Architect from all claims, damages, losses, and expenses (including, but not limited to the fees and charges of engineers, architects, attorneys, and other professionals) arising out of, or related to the Contractor’s use of the Architect’s electronic files, including, but not limited to Computer-Aided Design (CAD) or Building Information Modeling (BIM) files.

ARTICLE 2 OWNER

2.2.3 After the words “relating to the safe performance of the Work” add at the end of the paragraph “and reasonably review the conditions of the Project site for any discrepancies or inconsistencies with the Owner’s furnished information.”

Delete Section 2.2.5 and substitute the following:

2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for the execution of the Work. The Contractor may purchase additional copies of the Contract Documents at the cost of reproduction and transmittal costs.

ARTICLE 3 CONTRACTOR

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

3.2.1 Add Clause 3.2.2.1 as follows:

.1 Do not scale the Drawings. Follow indicated dimensions. In case of discrepancy in the figures, bring the matter to the attention of the Architect for his interpretation before proceeding with the Work.

Failure to follow this procedure shall be at the Contractor’s own risk, and the Architect’s interpretation shall be final.

Add the following to Section 3.2:

3.2.5 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for evaluating and responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, contractor-prepared coordination, installation or shop drawings, or prior Project correspondence or documentation. Contractor shall suggest an answer to any request for information before the Contractor transmits a request to the Architect.

3.2.6 Any interpretation or clarification of the Contract Documents made by any person other than the Architect, or in any manner other than in writing, shall not be binding, and the Contractor shall not rely upon it.

3.2.7 If the Contractor believes that it is entitled to an adjustment of the Contract Sum or Contract Time, or both, on account of clarifications or instructions issued by the Architect in response to the Contractor’s proposed answer to a request for information, the Contractor may request an adjustment to the Contract by giving written notice within 7 days of receiving the Architect’s request for information response. If the Contractor does not notify the Architect

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within 7 days, the Contractor will have accepted the request for information response without an adjustment to the Contract Sum or Contract Time.

Add the following to Section 3.4.2:

3.4.2.1 After the Contract has been executed, and when a product becomes unavailable through no fault of the

Contractor the Owner and Architect will consider requests for the substitution of products in place of those specified only under the conditions set forth in the General Requirements (Division I of the Specifications). By making requests for substitutions, the Contractor:

.1 represents that is has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;

.2 represents that it will provide the same warranty for the substitution as it would have provided for the product specified;

.3 certifies that the cost data presented is complete and includes all related costs for the substituted product and for Work that must be changed as a result of the substitution, except for the Architect’s redesign costs, and waives all claims for additional costs related to the substitution that subsequently become apparent; and

.4 shall coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects.

.5 shall provide for Work necessary for the interface of the accepted substitution;

.6 shall be solely responsible for additional costs incurred that require changes to the Contract as a result of a substitution that is approved by the Architect.

3.4.2.2 The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Architect for reviewing the Contractor’s proposed substitutions and making agreed-upon changes in the Drawings and Specifications resulting from such substitutions.

3.6 PERMITS, FEES AND NOTICES NOTE:

Add the following to Section 3.7.1

3.7.1.1 The Owner shall secure and pay for the Basic Building Permit - all other permits and governmental fees, licenses and inspection necessary for the proper execution and completion of the Work shall be the responsibility of the Contractor whose trade requires such.

Add Section 3.10.4 to Section 3.10

3.10.4 Contractor may accelerate the Work in accordance with the construction schedule for its purposes and convenience, but shall also bear the risk that changes in the Contract Documents may have to be removed and replaced at the cost of the Contractor for the changes affecting accelerated Work.

Add Section 3.11.1 to Section 3.11

3.11.1 If the Contractor uses Shop Drawings to indicate as-built conditions, the Contractor shall cross-reference the Shop Drawing sheet numbers to the corresponding sheet numbers on the Contract Documents including the drawings and specifications. The Contractor shall keep a record of changes made to the Specifications, noting particularly any approved variation from manufacturer’s installation instructions and recommendations. Failure to record all selections made during construction and changes will cause payment to be withheld to the Contractor.

Add Section 3.12.8.1 to Section 3.12.8

3.12.8.1 Contractor’s deviations from the Contract Documents without separate clear notice to the Architect of such deviation is insufficient notice to the Architect.

Add Section 3.12.11 and 3.12.12 to Section 3:12:

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3.12.11 The Architect’s review of Contractor’s submittals will be limited to examination of an initial submittal and One (1) Resubmittals. The Owner is entitled to obtain reimbursement from the Contractor for amounts paid to the Architect for evaluation of additional submittals.

Section 3.18.1 – delete the word “negligent” from the sixth line before the words “acts or omissions.”

ARTICLE 4 ARCHITECT

Add Section 4.2.2.1 to Section 4.2.2:

4.2.2.1 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for site visits made necessary by the fault of the Contractor of by defects and deficiencies in the Work.

Section 4.2.4 – delete the words “endeavor to” in the second line after the words “Owner and Contractor.”

Add Section 4.2.5.1 to Section 4.2.5 As used herein, the word certify shall mean an expression of the Architect’s professional opinion to the best of its information, knowledge and belief, and does not constitute a warranty or guarantee by the Architect

Add Section 4.2.14.1 to Section 4.2.14

4.2.14.1 Contractor’s requests for information shall be prepared and submitted in accordance with Division 1

“General Requirements” sections on the form included in the Contract Documents. The Architect will return without action requests for information that do not conform to the requirements of the Contract Documents.

ARTICLE 5 SUBCONTRACTORS

Section 5.2.1 – delete the words “as soon as practicable after award of the Contract” in the first and second line and replace with “not later than 3 days after award of the Contract.”

Add Section 5.2.5 to Section 5.2

5.2.5 If the Owner or Architect has reasonable objections to a person or entity proposed by the Contractor, the

Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected manufacturer or fabricator was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute manufacturer’s or fabricator’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required.

ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

6.2 MUTUAL RESPONSIBILITY

Add the following to Section 6.2.1:

6.2.1.1 The Contractor shall perform the Work so as to not interfere, disturb, hinder or delay the Work of other

Contractors. The sole remedy which may be provided by the Owner for any injury, damage or expense resulting from interference, hindrance, disruption or delay caused by or between Contractors or their agents and employees shall be an extension of time in which to complete the Work.

6.2.1.2 Should the Contractor, or the Contractor's Subcontractors or Material Suppliers, cause damage or injury to the property or Work of any other Contractor, or by failure to perform the Work with due diligence, delay, interfere, hinder or disrupt any Contractor who suffers additional expense or damage thereby, the responsible Contractor shall be responsible for such damage, injury or expense.

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6.2.1.3 Claims, disputes or actions between Contractors concerning such damage, injury or expense shall not delay completion of the Work which shall be continued by the parties to any such dispute, action or claim.

ARTICLE 7 CHANGES IN THE WORK

Add the following to Section 7.1:

7.1.4 For each change in the Work, the Contractor shall furnish a detailed Proposal itemized on the Change

Order Detail Summary Form published by the Architect Office. Any Subcontractor of Material supplier pricing shall be also itemized on the Change Order Estimate Summary Form. The combined overhead and profit included in the total cost to the Owner for a change in the Work shall be based on the following schedule:

.1 For the Contractor, the Work performed by the Contractor’s own forces, 10 percent of the cost.

.2 The Contractor, the work performed by the Contractor’s Subcontractors, 5 percent of the amount due the Subcontractors.

.3 For each Subcontractor involved, the Work performed by that Subcontractor’s own forces, 10 percent of the cost.

.4 For each Subcontractor involved, for Work performed by the Subcontractor’s Sub-subcontractors, 5 percent of the amount due the Sub-subcontractor.

.5 In order to facilitate checking of quotations for Changes in the Work, all proposals, except those so minor that their propriety can be reasonably reviewed without such documentation, shall be accompanied by a complete itemization of costs including labor, materials and subcontracts.

Where major cost items are subcontracts, they shall be itemized also.

Add Sections 7.4.1 and 7.4.2 to Section 7.4

7.4.1 If the Contractor reasonably believes that it would be entitled to an adjustment of the Contract Sum or Contract Time, or both, on account of an order for a minor change in the Work, within 7 business days after receiving the order the Contractor shall give the Architect written notice of the Contractor’s position, and not proceed with the subject Work without first receiving a Change Order.

7.4.2 The Contractor waives its rights to an adjustment of the Contract Sum or Contract Time on account of an order for a minor change in the Work by starting the Work which is the subject of the order for a minor change in the Work, or failing to give notice in writing within 7 business days after receiving the order for a minor change in the Work.

ARTICLE 8 TIME

8.1.2 After the words “ … established in the Agreement” add the words “unless agreed to in writing between the Contractor and Owner, with notice to the Architect.”

Add Sections 8.2.1.1 and 8.2.1.2 to Section 8.2.1

8.2.1.1 By signing the Contract, the Contractor acknowledges that it has taken into account weather and other conditions prevailing in the locality of the Project.

Add the following to Section 8.2.3:

.1 The Owner has the right to direct the Contractor to work overtime as the Owner deems necessary.

Reimbursement for such work shall be limited to actual premium time cost incurred without markup.

Add Section 8.2.4 to Section 8.2:

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8.2.4 Recovery Schedule; If it is apparent to the Owner or the A/E that the Contractor may be unable to meet critical path activities, Milestone completion dates, or the Contract Completion date; the Contractor shall submit within 3 days a recovery plan to avoid or minimize the delay to the Project.

A recovery plan shall include, but is not limited to, adjustments to one or more of the following:

.1 Workforce .2 Hours per shift .3 Shifts per workday .4 Workdays per week .5 Equipment .6 Activity logic

Add the following to Article 8

8.4 REQUEST FOR EXTENSION

8.4.1 Any request by the Contractor for an extension of time shall be made in writing to the Architect no more than ten (10) days after the initial occurrence of any condition which, in the Contractor's opinion, entitles the Contractor to an extension of time. Failure to timely provide such notice to the Architect shall constitute a waiver by the Contractor of any claim for extension, damages or mitigation of Liquidated Damages, to the fullest extent permitted by law.

8.4.2 The Contractor shall notify the Architect in writing providing the following information:

1. Describe the nature of the interference, disruption, hindrance or delay is beyond the control of the Contractor;

2. Identification of persons, entities and events responsible for the interference, disruption, hindrance or delay

3. Date (or anticipated date) of commencement of the interference, disruption, hindrance or delay

4. Activities on the Construction Schedule which may be affected by the interference, disruption, hindrance or delay, or new activities created by the interference, disruption, hindrance or delay and the relationship with existing activities

5. Anticipated duration of the interference, disruption, hindrance or delay;

6. Specific number of days of extension requested; and

7. Recommended action to avoid or minimize and future interference, disruption, hindrance or delay.

8.5.1 Notwithstanding any other provision of the Contract Documents, time extensions will depend upon the extent to which the Work on the Critical Path of the Construction Schedule is affected, if applicable.

8.5.2 A Change Order granting a time extension may provide that the Contract Completion date will be extended for only those specific elements so interfered, disrupted, hindered or delayed and that remaining milestone completion dates will not be altered and may further provide for equitable adjustment of Liquidated Damages.

ARTICLE 9 PAYMENTS AND COMPLETION

9.2 After the words “Contractor’s Applications for Payment” in the last line add “and Contractor’s proposals for changes in the Work.”

Add the following sentence to Section 9.3.1:

The form of Application of Payment, duly notarized, shall be a current authorized edition of AIA

Document G702 TM Application and Certificate for Payment, supported by a current authorized edition of AIA Document G703 TM…