20058 Specifications Part 2.pdf

STATE OF MICHIGAN (OWNER AND CONTRACTOR) GENERAL CONDITIONS

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14.2.6. The Owner may, in its sole discretion, permit the Contractor to continue to perform Work when the Contractor is in default or has been defaulted. Such decision by the Owner shall in no way operate as a waiver of any of the Owner's rights under the Contract Documents or

Section 00610 Performance Bond, nor in the event of a subsequent default, entitle the Contractor or surety to continue to perform or prosecute the Work to completion.

14.3 Surety Default:

14.3.1. If upon receipt of a notice of termination for cause, the surety fails to proceed immediately and as provided in paragraph 14.2.2, the Owner shall declare the surety in default under Section 00610 Performance Bond in accordance with the terms and conditions of this paragraph.

14.3.1.1. No default of the surety under the Section 00610 Performance Bond shall be declared, however, until the expiration of fifteen (15) Calendar Days after receipt by the surety of an additional written notice from the Owner demanding that the surety perform its obligations under Section 00610 Performance Bond.

14.3.2. If the Owner declares the surety in default, the Owner shall have full power and authority to exclude the surety and Contractor from the site, assume any Sub agreements that the Owner so selects and take possession of the Work and of all the surety's and Contractor's tools, plant and office, and construction equipment at the site (without liability to the surety or Contractor for trespass, rent or conversion). The Owner will (a) proceed to the full extent that the surety and Contractor could have proceeded, (b) incorporate into the Work all materials and equipment stored at the site or elsewhere, and (c) prosecute the Work to completion as the Owner may deem expedient. When the Owner exercises any of the rights or remedies provided in this paragraph, the Owner shall not be required to obtain the lowest price for Work performed.

14.3.3. If the Owner has defaulted the surety, any such termination or default will not affect any rights or remedies of the Owner against the Contractor or surety, or both, then existing or that may accrue after termination. Any retention or payment of monies due the Contractor or surety by the Owner will not release the Contractor or surety from liability. All provisions of the Contract Documents that, by their nature, survive final acceptance of the Work shall remain in full force and effect after a termination for cause of the Contractor or default of the surety, or both.

14.4 Termination for Convenience of the Owner:

14.4.1. Upon fifteen (15) Calendar Days' written notice to the Contractor and surety, or sooner if reasonable under the circumstances, the Owner may, without cause and without prejudice to any other right or remedy it may have, elect to terminate any part of the Work, or the Agreement in whole or in part, as the Owner may deem appropriate for its convenience. Upon receipt of any such termination notice, the Contractor shall immediately proceed in accordance with any specific instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the termination.

14.4.2. In any termination for convenience, the Contractor shall be paid for (a) Work completed, in accordance with the Contract Documents, before receipt of the notice of termination, and (b) reasonable termination settlement costs for commitments that had become firm before the termination. The Contractor shall not be paid any anticipated and unrealized general conditions costs, administrative expenses, and profit for uncompleted Work. If no agreement can be reached as to reasonable termination costs, the Owner will make a determination in writing which shall be final and binding on the Contractor unless the Contractor delivers notice of a claim and a claim Submittal in accordance with the procedures and within the deadlines set forth in Article 15.

14.4.3. Upon termination for convenience, the Owner shall have full power and authority to take possession of the Work, assume any Sub agreements with Subcontractors and Suppliers that the Owner selects, and prosecute the Work to completion by contract or as the Owner may deem expedient.

14.4.4. If after notice of termination of the services of the Contractor, it is determined the Contractor was not in default, the termination shall be deemed to have been for the convenience of the Owner. In such event the Contractor may recover from the Owner payment in accordance with paragraph 14.4.2.

14.5 The Contractor May Suspend Work:

14.5.1. In addition to being entitled to earning interest on unpaid Requests for Payment, the Contractor may, upon fifteen (15) Calendar Days written notice to the Owner, suspend the Work for the Owner's convenience if, through no act or fault of the Contractor, the Professional fails, for thirty (30) Calendar Days, to initiate processing of any Request for Payment or the Owner fails, for ninety (90) Calendar Days, to pay the Contractor any Request for Payment finally certified by the Professional to be due.

14.5.2. Except as specifically provided in paragraph 14.5.1, this provision shall not relieve the Contractor of the Contractor’s obligations to prosecute the Work in accordance with the Progress Schedule and without Delay during any disputes and disagreements with the Owner.

ARTICLE 15 DISPUTES

15.1 Claims Under This Article:

15.1.1. All claims, counterclaims, disputes, and other matters in question between the Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof, shall be submitted in writing to the Professional and otherwise processed and resolved as provided in this Article.

15.1.2. A claim means a written demand or assertion by the Owner or Contractor, which is properly certified, seeking an adjustment in Contract Price and/or payment of moneys due, an extension or shortening in Contract Time, the adjustment or interpretation of Contract terms, or other relief arising under or relating to the Contract, which becomes a claim or dispute after a written determination by the Professional or Owner under the appropriate provision of the Contract Documents.

15.1.3. Unless otherwise agreed between the parties, any claim that can be resolved under a provision of the Contract Documents providing for or excluding the relief sought by the claimant shall be resolved in accordance with that provision.

15.1.4. Notice of Claim - Except for Owner claims for liquidated damages, no claim shall be valid unless it is based upon written notice delivered by the claimant to the other party promptly, but in no event later than thirty (30) Calendar Days after the Professional's

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or Owner's determination giving rise to the claim. The notice shall include a supporting statement stating the nature of the dispute, the amount involved, if any, and the remedy sought. The claim submittal with all supporting data shall be delivered within sixty (60) Calendar Days after the determination giving rise to the claim (unless the Professional allows an extension). The responsibility to substantiate claims shall rest with the claimant.

*15.1.5. A claim by the Contractor shall be submitted to the Professional and Owner for a recommendation or decision from the Professional and, if necessary, an Owner determination. A claim by the Owner shall be submitted to the Contractor and the Professional for a written recommendation or decision by the Professional. The Owner reserves the right to audit, using the provisions in paragraph 11.14, any Contractor claim (or claim package) that the Contractor values at more than $50,000.00.

15.1.6. Pending final resolution of any claim under this Article, the Contractor shall proceed diligently with the Work and comply with any decision of the Owner and/or Professional

15.2 Requirement for Certification of Contractor Claims:

15.2.1. For all Contractor claims seeking an increase in Contract Price or Contract Time, the Contractor shall submit an affidavit, certifying that the amount claimed accurately reflects any Delay and all costs that the Contractor is entitled from the occurrence of the claimed event and that supporting cost and pricing data are current, accurate, complete and represent the Contractor's best knowledge and belief. The affidavit shall be executed by an officer or partner of the Contractor with proper authority or his/her designee.

15.3 Recommendations or Decisions from the Professional:

*15.3.1. For Contractor claims under $100,000.00, if requested in writing by the Contractor, the Professional will render a recommendation or decision within thirty (30) Calendar Days after the request and the Owner will issue, if necessary, a determination within thirty (30) Calendar Days after the Professional's recommendation or decision. For Contractor claims exceeding $100,000.00, the Professional will issue its recommendation or decision and the Owner, if necessary, will issue its determination, within sixty (60) Calendar Days after completing an audit of the claim, or after deciding not to conduct such an audit or, in the alternative, will notify the Contractor of the date when the determination will be made. In the latter case, a final determination will be concluded within sixty (60) Calendar Days from the date of such notification.

*15.3.2. For Owner claims under $100,000.00, the Professional will render a recommendation or decision within thirty (30) Calendar Days of the request. For Owner claims over $100,000.00, the Professional, within sixty (60) Calendar Days, will render a recommendation or decision or notify the Owner and Contractor when such will be rendered.

*15.3.3. To the extent any Professional's decision is to deny a Contractor claim or to agree with an Owner claim, that decision shall be final and binding on the Contractor, without any determination by the Owner, unless the Contractor files a request for a presentation with the Director-DCD within thirty (30) Calendar Days as required by paragraph

15.4.1. Unless a claim is made in accordance with these requirements, it shall be waived.

*15.3.4. To the extent that any recommendation from the Professional is partly or wholly adverse to a claim from the Owner, that determination shall be final and binding on both the Owner and Contractor unless either party files a request for a presentation with the Director-DCD as required in paragraph 15.4.1.

*15.3.5. To the extent the Professional recommends payment of any Contractor claim which increases the Contract Price, that recommendation shall be subject to a determination from the Owner in a written opinion. In the event any such determination from the Owner is partly or wholly adverse to the preceding recommendation from the Professional, that determination shall be final and binding on the Contractor unless the Contractor files suit in the Michigan Court of Claims within thirty (30) Calendar Days after receipt of such determination. Unless a claim is made in accordance with these requirements, it shall be waived.

15.4 Determinations by the Director-DCD:

*15.4.1. If either the Contractor or Owner is not satisfied with any decision of the Professional rendered pursuant to paragraph 15.3.3 or 15.3.4, that party shall, within thirty (30) Calendar Days of receiving that decision, file a written appeal with the Director-DCD. If a Contractor or Owner appeal is timely filed, the claimant shall be entitled to present its claim, unless waived, to the Director-DCD, or his/her designee, provided that a claim narrative with complete supporting documentation is delivered to the Director-DCD, or his/her designee, within thirty (30) Calendar Days of that party's written notice of appeal.

*15.4.2. Within thirty (30) Calendar Days after receipt of any such claim narrative, the Director-DCD, or his/her designee, shall schedule the time to start the presentations taking into account the dispute’s complexity and the urgency of its resolution. Subject to any recognized privilege, discovery shall be available to either party as provided by the Director-DCD, and his/her designee, and shall be concluded thirty (30) Calendar Days before the start of the presentations.

*15.4.3. During the presentations, the Director-DCD, or his/her designee, shall hear presentations and receive evidence on the matters in dispute, as supported by the statement of the dispute. The Director- DCD, or his/her designee, shall have discretion concerning the allowability of evidence submitted, and shall not be bound to any rules of evidence other than those he/she promulgates.

*15.4.4. If the right to a presentation is waived or if a presentation is conducted and the dispute remains unresolved, the Director-DCD, or his/her designee, at his/her sole option, shall specify in which forum the dispute shall thereafter be conducted by issuing a written determination to the Contractor that the dispute if the Contractor so elects, be submitted in writing to:

*15.4.4.1. The Court of Claims maintained by the State of Michigan for the purpose of adjudicating claims against the State or other appropriate court, or

*15.4.4.2. Arbitration in accordance with the construction industry rules of arbitration of the American Arbitration Association, subject to the provisions of paragraphs 15.5.1 and 15.5.2, unless the parties mutually agree otherwise.

*15.4.5. The Director-DCD's, or his/her designee’s, determination on the forum in which the dispute shall be conducted is final and binding upon the Owner and Contractor. The Director-DCD's, or his/her designee’s determination on the dispute shall be final and binding on the Contractor unless the Contractor files a lawful

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action in the forum so chosen (Michigan Court of Claims or arbitration) within thirty (30) Calendar Days after receiving the Director-DCD's, or his/her designee’s, determination.

*15.4.6. If, after such determination from the Director-DCD, or his/her designee, the Contractor properly submits the dispute to the Michigan Court of Claims or requests arbitration, and the final determination of either forum does not increase the Contractor's recovery by thirty (30%) percent or more above that awarded by the Director-DCD, or his/her designee, or voluntarily withdraws the action, the Contractor shall pay all resulting expenses of the Owner (including, but not limited to reasonable charges of attorneys, engineers, others and court or arbitration costs)

15.5 Supplements to AAA Arbitration:

*15.5.1. No arbitration, arising out of, or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any additional party not a party to this Contract, except by written consent containing a specific reference to the Agreement and signed by all the parties involved. Consent shall be deemed given by any party who has executed an agreement directly with the Owner affected by the Project and containing provisions comparable to those in this Article 15. Any consent to arbitration involving any additional party or parties shall not constitute consent to arbitration of any dispute not permitted in this Article. The agreement to arbitrate with any additional party or parties duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration Law.

15.5.2. Subject to any recognized privilege, discovery shall be available to each party to the arbitration as it would be available under the general court rules of the Michigan Court of Claims which shall be enforced by the American Arbitration Association. All discovery and amendments to the prehearing summary shall conclude thirty (30) Calendar Days before the arbitration date. Failure to provide the foregoing discovery shall render any claim supported by witnesses or documents not so disclosed excludable by the arbitration panel in its discretion.

15.6 Interest on a Judgment; Payment of Judgment:

*15.6.1. If, subsequent to a determination by the Director-DCD, or his/her designee, the Owner or Contractor files a Michigan Claims Court or AAA arbitration action, and the party filing for such action increases its recovery by thirty (30%) percent or more above that awarded by the Director-DCD, or his/her designee, that party shall be entitled to interest calculated in accordance with MCL 600.6013, as amended, whether the action is filed with the Michigan Court of Claims or the American Arbitration Association.

*15.6.2. After settlement or final adjudication of any claim under this Article if, upon demand, payment by the Contractor is not made to the Owner, the Owner may offset the appropriate amounts against (a) payments due to the Contractor under any other contract between the Owner and the Contractor, or (b) any amounts for which the Owner may be obligated to the Contractor in any capacity.

15.7 Venue; Flow-Through Provision:

15.7.1. The Contractor agrees to waive jurisdiction and venue, to consent and submit to the jurisdiction of, and not commence any action in other than, a competent State court in Ingham County, Michigan, unless original jurisdiction is vested in the Michigan Court of Appeals, the Michigan Court of Claims, or the Michigan Supreme Court, regardless of residence or domicile, for any action or suit at law or in equity arising out of or under the Contract Documents. The Contractor further agrees that it will have each of its Suppliers and Subcontractors provide similar waivers as those required in this paragraph.

15.7.2. The Contractor shall insert the provisions of this Article in all Sub agreements, altering those paragraphs only to identify properly the contracting parties.

END OF SECTION 00700

STATE OF MICHIGAN (OWNER AND CONTRACTOR) SUPPLEMENTARY CONDITIONS

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SECTION 00800 SUPPLEMENTARY CONDITIONS

PROFESSIONAL G.H. Forbes Associates Architects

WORK Renovation Armory Building 3 – Michigan Army National Guard

AGENCY No. 511 FUNDING CODE. _______________ FILE No. 511/20058.CAK

The provisions of this Section 00800 Supplementary Conditions amend or supplement Section 00700 General Conditions and those other provisions of the Contract Documents, as indicated below. All other provisions of the Contract Documents that are not so amended or supplemented remain in full force and effect.

ARTICLE 4 CONTROL OF THE WORK – GENERAL PROVISIONS

ADD Section 4.4.14 as follows:

4.4.14 The Contractor shall note and comply with APPENDIX I SPECIAL WORKING CONDITIONS and APPENDIX II SPECIAL PROJECT PROCEDURES as part of and in conjunction with all other contract requirements. APPENDIX I & II immediately follow and are attached hereto

SECTION 00800.

ARTICLE 7 LEGAL AND CONTRACTUAL REQUIREMENTS; INSURANCE

ADD Section 7.14.3 for projects with Federal Funding:

7.14.3 FEDERALLY FUNDED PROJECT PREVAILING WAGE REQUIREMENTS

If a project is funded in whole or in part by federal dollars, the Contractor and all Subcontractors must comply with the most recent version of Federal Provisions Addendum and all Laws pertaining to occupational classifications and prevailing wage requirements as follows:

1. FEDERAL PROVISIONS ADDENDUM

a. The most current version of Federal Provisions Addendum shall apply to this contract and is included in Appendix III.

2. DAVIS BACON ACT WAGE AND CLASSIFICATIONS

a. If applicable, the Contractor (and its Subcontractors) for prime construction contracts in excess of $2,000 must comply with the Davis-Bacon Act (40 USC 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

b. The Contractor (and its Subcontractors) shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and the laborers and mechanics.

c. The Contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work.

d. There may be withheld from the Contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the Contractor or any Subcontractor on the work the difference between the rates of wages required by the Contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the Contractor or Subcontractors or their agents.

e. The Contractor shall maintain payrolls and basic records relating thereto for a period of three (3) years after the project;

contractor shall submit Certified Payroll Reports using US Department of Labor Wage and Hour Division Form WH-347 for each weekly payroll to support and document compliance with the Davis Bacon Wage rates.

https://www.law.cornell.edu/uscode/text/40/subtitle-II/part-A/chapter-31/subchapter-IV https://www.law.cornell.edu/cfr/text/29/part-5

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f. Davis Bacon wage and classification schedules applicable for this project/location are included in Appendix III.

ARTICLE 15 DISPUTES

REPLACE Section 15.1.2 with the following:

15.1.2. A claim means a written demand or assertion by the Owner or Contractor, which is properly certified, seeking an adjustment in Contract Price and/or payment of moneys due, an extension or shortening in Contract Time, the adjustment or interpretation of Contract terms, or other relief arising under or relating to the Contract. If a Bulletin or specific request for proposal has been issued by the Professional or Owner and quoted by the Contractor, it may become a claim or dispute with proper written notice per 15.1.2.1 should the Contractor is object to a written determination and/or rejection by the Professional or Owner under the appropriate provision of the Contract Documents.

ADD Section 15.1.2.1 – Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker (Professional/PSC). Claims by either party must be initiated within 21 days after the occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognized the condition giving rise to the claim. Provided such timely notice is delivered, a full and detailed breakdown of cost and time requested, with supporting documentation, if not provided with initial notice shall be delivered to Professional and Owner within 15 days of the notice, as noted in article 11.1.2, unless otherwise agreed in writing, by the Owner prior to expiration of such time.

ADD Section 15.1.2.2 – Pending final resolution of a Claim, except as otherwise agreed in writing or as provided under conditions of failure of timely progress payment or Article 14, the Contractor shall ensure the Work diligently proceeds with the performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Owner shall prepare Change Orders and PSC shall certify payment requests in accordance with the decisions of the Initial Decision Maker.

REPLACE Section 15.1.4 with the following:

15.1.4. Notice of Claim - Except for Owner claims for liquidated damages, no claim shall be valid unless it is based upon written notice delivered by the claimant to the other party and the Professional/PSC within 21 days as per 15.1.2 and 15.1.2.1. The notice shall include a supporting statement stating the nature of the dispute, the amount involved, if any, and the remedy sought. The claim submittal with all supporting data shall be delivered within thirty (30) Calendar Days after Notice (unless the Professional allows an extension). The responsibility to substantiate claims shall rest with the claimant.

END OF SECTION 00800

SECTION 01310 PROGRESS SCHEDULE

PART 1 - GENERAL

1.01 SUMMARY

A. The Contractor will submit CPM Progress Schedules to the Owner depicting its approach to prosecution of the Work. This includes but is not limited to the Contractor’s approach to recovering schedule and managing the effect of changes, substitutions, and Delays on Work sequencing.

B. The Progress Schedule will include the Rev. 0 Submittal (par.

3.02), Update Submittals (par. 3.03) and Revision Submittals (par.

3.04). Each Submittal will be assigned a unique number. For a resubmission, the initial number will be modified by the letter A, B, C, etc., as appropriate.

C. Through the Progress Schedule, the Owner will seek to stay current on progress, updated Activity and Milestone Dates, and the Contractor’s approach to Work remaining.

D. References to the Critical Path Method (CPM) are to CPM construction industry standards that are consistent with the requirements of this Section 01310.

STATE OF MICHIGAN (OWNER AND CONTRACTOR) PROGRESS SCHEDULE

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1.02 RELATED SECTIONS

A. Section 00440 Schedule of Materials and Equipment; Section 00500 Agreement; Section 00700 General Conditions; and Section 00800 Supplementary Conditions.

1.03 GLOSSARY OF TERMS

A. Capitalized terms not already defined in any Division 0 Specification have the following intent and meanings:

1. MilestoneA key point of progress, designating interim targets toward the Contract Times. They may pinpoint critical path foundations, key deliveries, building framing, start of MEP rough-in, building enclosure, partitions, interior finishes, conditioned space, commissioning stages, Substantial Completion, and other events of like import.

2. Official ScheduleThe most recent Revision Submittal returned to the Contractor as Resubmittal Not Required. The Rev. 0 Official Schedule is the As-Planned Schedule.

3. Revision 0 SubmittalProgress Schedule submitted by the Contractor depicting the entire Work as awarded.

4. Update SubmittalA monthly Progress Schedule update reflecting progress and minor adjustments on the Activities, sequencing and restraints for Work remaining.

1.04 QUALITY ASSURANCE

A. The Contractor will obtain a written interpretation from the Professional, if the Contractor believes the selection of Activities, logic ties or restraints requires an interpretation of the Contract Documents. With each submission, the Contractor will point out by specific, written notation, any Progress Schedule feature that may reflect variations from any requirements of the Contract Documents.

B. The Contractor is responsible to obtain information from each Subcontractor and Supplier when scoping their respective Activities, Values, logic ties and restraints C. No review of any Progress Schedule by or on behalf of the Owner will relieve the Contractor from complying with the Contract Times and any required sequence of Work or from completing Work omitted from the Progress Schedule. No review will imply approval of any variation from or interpretation of the Contract Documents, unless approved by the Professional through a written interpretation or by means of a separate, written notation.

1.05 ALLOWANCES

A. Work covered by Cash Allowances will be completed within the Contract Times. To the extent reasonable and consistent with the Contractor’s plan, Work authorized by contingency allowances will be completed within the Contract Times. The Progress Schedule will incorporate the Contractor's best estimate of the Activities, logic and restraints required, using the information in the Contract Documents, or as indicated by the Professional in writing.

1.06 “OR EQUALS” AND SUBSTITUTIONS

A. Activities in the Rev. 0 Progress Schedule will be based on materials and equipment required by the Contract Documents and will not reflect any “or equal” or substitute materials or equipment, even if the Contractor intends to pursue “or equal” and substitution proposals. This limitation also applies to any Means and Methods indicated in or required by the Contract Documents.

1.07 MEASUREMENT AND PAYMENT

A. The Schedule of Values will include a Progress Schedule pay item. Fifteen percent (15%) of this pay item will be eligible for payment upon delivery of the complete Rev. 0 Submittal. The balance of this pay item will be eligible for payment, on a prorated basis, with each Request for Payment attaching an Update Submittal.

PART 2 - WORK PRODUCTS

2.01 PROGRESS SCHEDULE SUBMITTALS

A. Each Progress Schedule Submittal will consist of an electronic disk with the Contractor's files, a narrative and three (3) copies of the required reports and plots.

B. The CPM scheduling software will be Primavera Project Planner®, SureTrak® or Microsoft Project®.

2.02 PRINTOUTS

A. Schedule Reports will include Activity (ID) code and description, duration, calendar, Early Dates, Late Dates and Total Float, all of which will comport with the requirements of paragraph 8.3.4 of Section 00700 General Conditions.

1. Late Finish Date for an Activity pinpointing a Contract Time will equal that Contract Time. Early Start Date for an Activity designating a Contract restraint will equal the proper Notice to Proceed date. Schedule Reports may or may not append CPM Plots (time-scaled Activity/logic).

2. For Precedence Diagram Method, separate Schedule Reports will tabulate, for each Activity, all preceding and succeeding logic types and lead times, whether CPM Plots displaying vertical logic ties are appended or not.

B. CPM Schedule Plots will be plotted on a suitable time scale and identify the Contract Times, Critical Paths, and sub-Critical Paths.

Activities will be shown on the Early Dates with Total Floats noted by Late Date flags.

C. Line of Balance Plots will reflect industry practice for repetitive construction and will segregate the production lines for all trades within the hammock Activities.

2.03 NARRATIVE REQUIREMENTS

A. In general, a narrative will describe the Contractor’s approach to prosecution of the Work, subject to the requirements of the Contract Documents. Further, each narrative will list the Critical Path Activities and compare Early and Late Dates with Contract Times and Milestone Dates. The basis for restraint dates will be explained.

B. For each Update Submittal, the narrative will compare current Dates to the respective Milestone Dates, describe changes in crewing and construction equipment and identify new Delays. For each Revision Submittal, the narrative also will itemize changes in Activities, logic ties and restraint dates made necessary by each change, Delay, schedule recovery, substitution and Contractor-initiated revision occurring since the previous Submittal.

2.04 ACTIVITY REQUIREMENTS

A. The Progress Schedule will detail Work sequencing only to the extent necessary to allow the Owner to correlate percent complete, compare actual dates with Milestones and Contract Times and the data in Requests for Payment.

STATE OF MICHIGAN (OWNER AND CONTRACTOR) PROGRESS SCHEDULE

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B. Separate Activities will designate permits, construction, Submittal preparation/review (and resubmission and re-review, for same);

MEP coordination drawings; deliveries; commissioning; and Punch List. Separate Activities will designate Owner-furnished items, interface with other work and the Owner and Professional’s responsibilities.

B. Activities will be detailed only to the extent required to show the transition of trade Work. Activities will detail the progression through site/excavation, foundations, building framing, start/completion of interior partitions, MEP rough-in, building enclosure, interior finishes, conditioned space, and commissioning.

1. Submittal Activities will segregate long-lead items, any item requiring structural access and other procurements that, in the Contractor’s judgment, may bear on the rate of progress.

Separate MEP coordination drawing Activities will be used for each floor. Beyond these requirements, it is not necessary to burden the Progress Schedule with Activities for less significant Submittals and deliveries.

2. For multiunit Work (e.g., rough-in overhead MEP for each floor, etc.), detailed Activities will be shown for a typical (often, the first) unit). Other or follow-on units may be replicated, as appropriate, or modeled with a hammock Activity combining the sum total of the typical detailed Activities. Separate Activities, as may be suitable to the Divisions of Work involved, will be identified for single-unit Work. This requirement applies to such scope as Work in mechanical rooms, building framing, commissioning, etc.

3. Activities will not combine separate or non-concurrent items of Unit Price or lump sum Work, Work in separate structures and Work in distinct areas, locations or floors within an area or structure; or rough-in and finish Work.

C. Activity durations will equal the Business Days required to sufficiently complete the Work designated by the Activity (i.e., when finish-to-start successors may start, even if the Activity is not quite 100% complete). Installation Activities will last from twenty (20) to forty (40) Days.

D. Activities will be assigned consistent descriptions and identification codes. Sort codes will group Activities by building or structure, floor or area, Change Order and Change Authorization and other meaningful scheme

PART 3 EXECUTION

3.01 FLOAT TOLERANCES

A. Any Progress Schedule with Early Dates after a Contract Time will yield negative Total and Contract Floats, whether shown/calculated or not. Any Revision Submittal with less than negative twenty (20) Days of Float will be returned as “Revise and Resubmit,” unless a time extension is requested, or the Owner withholds liquidated damages or asserts intent to do so in the event schedule is not recovered.

B. Floats calculated from the definitions given in Section 00020 Glossary supersede any conflicting Float values calculated within any early completion Progress Schedule.

3.02 REVISION 0 (Rev. 0) SUBMITTAL

A. The complete Revision 0 Submittal will be due with the first Request for Payment. The Rev. 0 Submittal will show the Work as awarded, without Delays, “or equal” or substitutions, Change Orders or Change Authorizations.

1. The Rev. 0 narrative will detail the Contractor's management of the site (lay down, parking, etc.). Further, the Rev.

o narrative will identify shifts, weekend Work, Activity calendars, Delays since award and all pending and anticipated “or equal” and substitution proposals.

E. Once endorsed by the Owner and returned as "Resubmittal Not Required,” the Rev. 0 Progress Schedule (or Rev. 0A, etc.) will be the As-Planned Schedule and the basis for Update Submittals until the Rev. 1 Official Schedule is established. Once the As-Planned Schedule is established, the Owner will select Milestones and note Milestone Early and Late Dates. As the Official Schedule evolves, Milestone Dates will be revised accordingly.

F. If the Owner refuses to endorse the Rev. 0 Submittal (or Rev. 0A, for a resubmission) as "Resubmittal Not Required," the As-Planned Schedule will not be established. In that event, the Contractor will continue to submit Update and Revision Submittals reflecting progress and the Contractor's approach to remaining Work. The

Owner will rely on the available Update and Revision Submittals, subject to whatever adjustments it determines appropriate.

3.03 UPDATE SUBMITTALS

A. Update Submittals with progress up to the closing date and updated Early and Late Dates for progress and remaining Activities will be due with each Request for Payment. As-built data will consist of actual start dates, percent complete, actual finish dates, changes, Delays, and other significant events occurring before the closing date.

3.04 REVISION SUBMITTALS

A. Progress Schedule Revisions will be submitted with the third Request for Payment and every two (2) months after that, or more often, if necessary due to schedule recovery or other Progress Schedule revisions. Revisions will revise the Update Submittal attached to the prior Request for Payment.

B. Progress Schedule revisions will detail all impacts on pre-existing Activity scope, logic ties and restraint dates and reflect the Contractor's current approach to Work remaining. Revisions may be required because of changes in the Work, substitutions, schedule recovery and Delays.

C. Once endorsed by the Owner and returned as "Resubmittal Not Required," a Revision Submittal becomes the Rev. 1, Rev. 2, etc.

Official Schedule and the basis for subsequent Update Submittals until a more current Official Schedule is established. If the Owner refuses to endorse a Revision Submittal as "Resubmittal Not Required," the Contractor will continue to submit Update and Revision Submittals when and as required in this Section.

3.05 RETROSPECTIVE DELAY ANALYSIS

A. If the Owner refuses to endorse any Revision Submittal as “Resubmittal Not Required,” the Contractor and Owner will use the latest Official Schedule when evaluating the effect of Delays on Contract Time and/or Contract Price. The procedure will consist of progressively revising the latest Official Schedule at key Revision Submittal closing dates. For each Progress Schedule iteration, slippage between actual Milestone Dates and Rev. 0 Milestone Dates will be correlated to Delays occurring solely in that iteration.

STATE OF MICHIGAN (OWNER AND CONTRACTOR) PROGRESS SCHEDULE

MICHSPEC DTMB 01310 3 (R 03/22)

Revisions affecting Work after any iteration will be included only to the extent consented by the Owner at that time and/or if actually confirmed by as-built progress.

END OF SECTION 01310

This 01310 Specification uses the FORMSPEC Section 01310 Model Progress Schedule Specification (CPM Short Form). Title to and use of this Specification is strictly restricted. Except as may be appropriate for use in the bidding and execution of the Work, reproduction, translation or substantial use or quotation of any part of this Specification beyond that permitted by the 1976 United States Copyright Act without prior written permission of PMA Consultants LLC is unlawful.

STATE OF MICHIGAN (OWNER AND CONTRACTOR) APPENDIX I SPECIAL WORKING CONDITIONS

MICHSPEC DTMB Appendix I 00800 1 (Rev. 08/20)

APPENDIX I

SPECIAL WORKING CONDITIONS

STATE OF MICHIGAN (OWNER AND CONTRACTOR) APPENDIX I SPECIAL PROJECT PROCEDURES

MICHSPEC DTMB Appendix I 00800 1 (R 03/22)

SPECIAL WORKING CONDITIONS DMVA PROPERTIES

1. Contractor to pull, at no cost, a soil erosion permit from the DMVA. Contact: Julie Werner, Environmental Compliance, Environmental Division, Michigan Department of Military and Veterans Affairs, 3423 N. Martin Luther King Jr. Blvd., Lansing, MI 48906. Email: WernerJ1@michigan.gov

2. Typical contractor working hours at the armory are 7:45AM-4:30PM, unless with special permission.

mailto:WernerJ1@michigan.gov

STATE OF MICHIGAN (OWNER AND CONTRACTOR) APPENDIX II SPECIAL PROJECT PROCEDURES

MICHSPEC DTMB Appendix II 00800 1 (R 03/22)

APPENDIX II

SPECIAL PROJECT PROCEDURES

MICHSPEC DTMB Appendix II 00800 3 (R 03/22)

DEMOLITION/REMODELING PROJECT PROCEDURES

Furnish all equipment, materials, labor, and services necessary to complete all building demolition required in connection with the existing building, in order to permit the installation of new Work. The goal of the Owner is to generate the least amount of waste or debris possible.

However, inevitable waste and debris that are generated shall be reused, salvaged, or recycled, and disposal in landfills shall be minimized to the extent economically feasible. The Contractor will be required to prepare waste management plan for the collection, handling, storage, transportation, and disposal of the waste generated at the construction site for the Owner’s review and approval. The Contractor will be required to produce waste management progress reports.

1. Locations: Notations are made in various places on the Drawings to call attention to building demolition which is required; however, these Drawings are not intended to show each and every item to be removed. The Contractor and the Subcontractors for the various trades must remove the materials related to their respective trades as required to permit the construction of the new Work as shown.

2. Permits: The Contractor must secure from the appropriate agencies all required permits necessary for proper execution of the work before starting work on the project site. All fees for securing the permits must be paid by the Contractor, including all inspection costs which may be legally assessed by the Bureau of Construction Codes in accordance with the authority granted under the Public Act 1980 PA 371, as amended.

3. Enclosures: Where it is necessary to make alterations to walls, floors or roof of the existing building, the Contractor must provide and maintain dustproof partitions to separate the parts where Work is being done from the adjoining parts occupied by the State Agency.

Where any parts are opened and exposed to the elements, the Contractor must provide weather tight enclosures to fully protect the structure and its contents.

4. Waste Management Plan: The management plan must address waste source identification and separation, returns, reuse and salvage, recycling, landfill options, alternatives to landfilling, materials handling procedures and transportation.

5. Preparation: Protect all existing Work that is to remain and restore in an approved manner any such Work that becomes damaged.

5.1 Rubbish and debris resulting from the Work must be removed immediately from the site by the Contractor. However, any recyclable materials must be recycled; the Contractor will be required to use alternatives to landfills for waste disposal such as reuse or recycle of asphalt, bricks, concrete, masonry, plastics, paint, glass, carpet, metals, wood, drywall, insulation, and any other waste materials to the extent practical.

5.2 Unless otherwise specified, the Agency will remove existing furniture, drapery tracks, draperies, window blinds, and other equipment items, which might interfere with the new construction.

6. Coordination: Demolition work, in connection with any new unit of Work, must not be commenced until all new materials required for completion of that new item of Work are at hand.

7. Waste Management Plan Progress Reports: Submit an updated report with the payment requests. The progress reports shall include:

a. The amount of waste sent to a landfill, tipping fees paid and the total disposal cost. Include supporting documents such as manifests, weight tickets, receipts and/or invoices.

b. Records for each material recycled/reused/salvaged from the project including the amount, date removed from the job site, final destination, transportation cost, recycled materials, and the net cost/ savings.

c. Breakdown of waste by type generated to date.

d. Recycling/salvage/landfill rates.

e. Percent of waste recycled/salvaged to date.

MICHSPEC DTMB Appendix II 00800 4 (R 03/22)

HAZARDOUS MATERIALS PROJECT PROCEDURES

1. The Contractor must use, handle, store, dispose of, process, transport and transfer any material considered a Hazardous Material in accordance with all federal, state, and local Laws. If the Contractor encounters material reasonably believed to be a Hazardous Material and which may present a substantial danger, the Contractor must immediately stop all affected work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions.

2. This project has been identified by the DTMB-SFA as having a possibility of containing Hazardous Waste materials to be legally removed from the Project job site in order to complete the Work as described in the Proposal And Contract. If removal of friable asbestos material is required, the Contractor must contact the Air Quality Division, Department of Environment, Great Lakes, and Energy, at (5l7) 284- 6773, for a permit and furnish all training, labor, materials, services, insurance, and equipment necessary to carry out the removal operations of all Hazardous Materials from the Project job site, as identified by the Scope of Work, or encountered on the Project job site, in accordance with State and Federal Hazardous Waste Codes. A Contract Change Order will be written to modify the existing Contract to pay for the additional cost.

3. Environmental Hazards (air, water, land and liquid industrial) are handled by the Waste and Hazardous Materials Division, Michigan Department of Environment, Great Lakes, and Energy (EGLE) in carrying out the requirements of the Federal Environmental Protection Agency (EPA). For general information and/or a copy of the latest regulations and publications call (517) 335-2690.

4. The Michigan Occupational Safety and Health Administration (MIOSHA) provides protection and regulations for the safety and health of workers. The Department of Licensing and Regulatory Affairs provides for the safety of workers. The Department of Health & Human Services provides for the health of workers (517/373-3740) (TDD 517/373-3573).

4.1 Contractor must post any applicable State and/or Federal government regulations at the job site in a prominent location.

4.2 Contractor must be responsible for training their workers in safe work practices and in proper removal methods when coming in contact with hazardous chemicals.

5. Applicable Regulations:

5.1 Natural Resources and Environmental Protection Act – PA 451 of 1994, as amended, including Part 111 – Hazardous Waste Management, Part 121 – Liquid Industrial Waste and Part 147 – PCB compounds.

5.2 RCRA, 1976 - Resource Conservation and Recovery Act: This federal statute regulates generation, transportation, treatment, storage, or disposal of hazardous wastes nationally.

5.3 TSCA, 1979 – Toxic Substances Control Act: This statute regulates the generation, transportation, storage, and disposal of industrial chemicals such as PCBs.

6. Definitions: Hazardous substances are ignitable, corrosive, reactive, and/or toxic, based on their chemical characteristics.

6.1 Under Federal and Michigan Law, a Small Quantity Generator of hazardous waste provides from 220 to less than 2,000 lbs./month or never accumulates 2,200 lbs. or more.

6.2 A Generator size provider of hazardous waste provides 2,200 lbs. or more/month or accumulates above 2,200 lbs.

7. Disposals: To use an off-site hazardous waste disposal facility, the Contractor must use the Uniform Hazardous Waste Manifest (shipping paper). Small quantities of hazardous waste may not be disposed of in sanitary landfills used for solid waste.

8. Federal, state, and local Laws and regulations may apply to the storage, handling and disposal of Hazardous Materials and wastes at each State Agency. Contact the Environmental Assistance Center of the Michigan Department of Environment, Great Lakes, and Energy (EGLE) at 1-800-662-9278, Fax to: 517-241-0673 or e-mail to: DEQ-EAD-env-assist@michigan.gov for general EGLE information including direct and referral assistance on air, water and wetlands permits; contaminated site clean-ups; underground storage tank removals and remediation; hazardous and solid waste disposal; pollution prevention and recycling; and compliance-related assistance. The Center provides businesses, municipalities, and the general public with a single point of access to EGLE's environmental programs.

mailto:DEQ-EAD-env-assist@michigan.gov

MICHSPEC DTMB Appendix II 00800 5 (R 03/22)

ASBESTOS ABATEMENT PROJECT PROCEDURES

Should this Work require the renovation or demolition of a building or structure initially constructed on or prior to 1980, the Contractor will use the attached copy of a Comprehensive Asbestos Building Survey for those portions of the building or structure being impacted and must plan his or her work to minimize disturbance of any known or assumed asbestos containing materials (ACM). In addition, if this building or structure was constructed on or prior to 1980, the Contractor’s On-Site Superintendent and all Subcontractor On-Site Superintendents for trades that could potentially disturb known or assumed ACM, must, as a minimum, have and provide documentation of current Asbestos Awareness Training.

If the Comprehensive Asbestos Building Survey identifies known or assumed ACM that will potentially be disturbed as a part of the Contractor’s renovation or demolition activities, the Contractor must remove, transport, and dispose of these materials at no additional cost to the Owner and prior to any other work taking place within the immediate vicinity of said material. If required, the Contractor must provide the Owner a minimum of 10 working day notification prior to the start of any asbestos abatement activities with abatement in occupied buildings being completed even if they will be conducted during off hours (nights, weekends, and state holidays).

If the Contractor encounters a suspected ACM that was not previously identified within the Comprehensive Asbestos Building Survey, the Contractor must immediately stop all affected work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions. If, after providing Owner notification, the Contractor is directed to sample and/or remove the suspected ACM in question, a Contract Change Order will be written to modify the existing Contract to pay for the additional cost. Any abatement shall be completed in accordance with the requirements of this Section.

If removal of ACM is required, removal must be completed by a contractor currently licensed to remove asbestos by the State of Michigan, Department of Licensing and Regulatory Affairs (DLARA) Asbestos Program and abatement must be performed in accordance with all federal, state, and local Laws and Regulations.