2020-03-10 RCS HS Door Improvements Bid Docs Final 3.12.2020.pdf

ADVERTISEMENT FOR BIDS

RICHMOND COMMUNITY SCHOOLS

2020 HIGH SCHOOL DOOR REPLACEMENT IMPROVEMENTS

Richmond Community Schools will receive firm prime contractor bids to provide exterior door and entrance improvements atelds at the High School.

The bidding documents consist of plans and specifications prepared by French Associates, Rochester Michigan, which may be viewed and ordered through Pipeline Suite. If you need assistance viewing or obtaining them through Pipeline Suite, please contact Shawn Debo at AUCH Construction. There will also be one set for review at the office of the Construction Manager, AUCH Construction, 65 University Dr., Pontiac, MI PH: 248-334-2000 on or after 1:00 pm, March 16, 2020.

Pre Bid Meeting:

A pre-bid meeting will be held at 3:00 p.m., Thursday March 19, 2020. Attendance is not mandatory and the pre-bid meeting will be held in the Media Center at Richmond High School, 35320 Division Road, Richmond, MI 48062.

Each Proposal must be submitted in duplicate on the forms furnished by the Construction Manager and must be completed in full. The proposals shall be sealed in an opaque envelope and marked with the name of the bidder, the project name, and be addressed and delivered to:

Richmond Community Schools 35276 Division Road Richmond, MI 48062 Attn: Ms. Tammie Schadd, Director of Business and Management Services.

Project: 2020 Stadium Improvements

Bids shall be delivered no later than 2:00 PM (EST) March 30, 2020, to the location indicated above. The Board of Education will not accept bids submitted after the date & time specified for bid submission. All late bid proposals will be returned to the bidder unopened.

A bid bond executed by a U.S. Treasury Listed Surety Company acceptable to Richmond Community Schools or a cashier’s check in the amount of at least 5% of the sum of the proposal payable to Richmond Community Schools shall be submitted with each proposal in excess of $24,924. All proposals shall be firm for a period of sixty (60) days.

Bids will be publicly opened and read at the Board of Education & Administrative Offices of Richmond Community Schools, 35276 Division Road, Richmond, MI 48062 starting at approximately 2:00 pm (EST) March 30, 2020.

Successful bidders whose proposals are $50,000 or more will be required to furnish a U.S. Treasury Listed Company Performance and Payment Bond in the amount of 100% of their bid. The cost of the Bond shall be included in each proposal

Bids shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the Board or the Superintendent. Additionally, bids shall be accompanied by a sworn and notarized statement for the Iran Economic Sanctions Act Affidavit of Compliance and Equal Opportunity Statement. Bids not accompanied by these documents will not be accepted by the Board.

The Board of Education reserves the right to reject any and/or all bids in whole or in part and to waive any informality therein. The Board of Education reserves the right to accept that bid which in its opinion, is in the best interest of the Owner or to award the contract to other than the bidder(s) submitting the best financial Bid (low bidder), in its sole and absolute discretion.

Richmond Community Schools Board of Education

ATHLETIC FIELD RENOVATION

PROJECT NO. 2019-079.1

TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 0400 Coordination 01 2200 Unit Prices 01 2300 Alternates 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 6000 Product Requirements – Options and Substitutions 01 7300 Execution Requirements

DIVISION 08 – DOORS AND HARDWARE

08 2133 FRP Monumental Doors Perimeter Framing 08 7200 Door Hardware

Drawing List Coversheet A0.01 Architectural Reference Sheet A2.01 First Floor Composite Plan A3.01 Door Schedule and Door Types

END OF SPECIFICATION AND DRAWING INDEX

Richmond Community Schools PROPOSAL FORM High School Exterior Door Improvements

Proposal Forms 00 42 00

BID PROPOSAL FORM FOR TRADE CONTRACTS

Note: This sheet, proposal sheet and last two sheets of this proposal form must be filled in to be complete.

Incomplete proposals may be disqualified.

NAME OF BIDDER:

(Please print complete name)

ADDRESS:

Street City/State/Zip

CONTACT PERSON:

PHONE: FAX:

EMAIL:

CONSTRUCTION

MANAGER: GEORGE W. AUCH COMPANY

65 UNIVERSITY DRIVE

PONTIAC, MI 48342

ARCHITECT: FRENCH ASSOCIATES

236 MILL STREET

ROCHESTER, MI 48307

PROPOSAL: Pursuant to and in compliance with the instructions to bidders and contract documents for the above-named project, the undersigned agrees to enter into a contract with the Richmond Community Schools.

The undersigned hereby acknowledges that his proposal, as stated below, includes all the labor and services required and only those materials in compliance with the specifications and shown on the drawings.

The undersigned acknowledges that he has carefully examined the drawings and specifications and visited the site to fully inform himself of all existing conditions and limitations, and that his proposal includes a sum to cover the cost of all items included in the contract.

The undersigned further agrees to commence work on the project following the signing of the contract or within five working days thereof.

The undersigned agrees to coordinate, properly schedule and complete his portion of the work in compliance with the project schedule.

GENERAL NOTES

(Applicable to all Bid Items)

A. The Contractor shall be deemed to be aware of, and include the cost for, all state and local laws, codes, ordinances, building rules and regulations, and other statutory provisions, all as are or may become applicable to the Work.

B. Contractor shall coordinate with other trades that affect the installation of the Work, and with the Construction

Manager.

C. The Construction Manager shall provide batter boards, key baseline and working points, and benchmark; all other layout to be provided by the Contractor.

D. Bidders shall exclude costs of testing from bid unless required by the proposal form or the trade specification, and shall cooperate with testing agency hired by the Construction Manager.

E. Each Trade Contractor shall cooperate and coordinate with other contractors for expedient completion of the

Work of this project.

F. The Scope of Work for each Bid Item includes any hoisting, delivery, handling and/or storage requirements.

G. Schedule and sequence manpower loading, and prefabrication and erection of work shall be in accordance with the construction completion dates and as indicated on the construction schedule.

H. The Scope of Work for each Bid Item includes cleaning and maintaining streets free of dirt, mud, gravel and other debris caused by the Work of that Bid Item. Contractors are cautioned that local authorities intend to enforce local ordinances in this regard, and violators will be ticketed and prosecuted.

I. The Scope of Work for each Bid Item includes strict adherence to the safety requirements and considerations as defined in the General Conditions and Supplementary General Conditions.

J. Each Contractor shall review existing building and site conditions prior to commencing the Work and advise

Construction Manager of any claim to changes in the Work within three (3) calendar days therefore, or waive its right for claim for changes in the existing site condition. Each Contractor shall be responsible for restoring site to its original conditions upon completion of its work.

K. All excess materials shall be legally disposed of offsite unless otherwise indicated in the contract documents.

L. All bidders are required to review and provide pricing for (where applicable) the alternate work itemized on the

Bid Proposal Form with their bids. Material and equipment suppliers are requested to list the total State of Michigan sales and use tax included in their proposal.

M. The apparent low bidders shall furnish a list of subcontractors and suppliers within 3 days of request for same.

N. The Contractor is committed to nondiscrimination in employment. All qualified applicants are welcome to apply for jobs with the Contractor. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, physical impairment, national origin, height, weight, or marital status.

Q. Summary.

All bidders are expected to familiarize themselves with the Instruction to Bidders, this Bid Proposal Form as applicable, General and Supplementary Conditions, and the drawings and technical specifications covering their work. The following proposal sheets summarize the general scope of work in an attempt to help define the work of the separate trade contractors. The ensuing individual trade proposal forms are a guide to the scope of work, but are not intended to be all inclusive of the work to be covered.

PROPOSAL A: FRP Door and Hardware Replacement Openings A122A, A111A

GENERAL SCOPE: CM Supplementary Conditions General Conditions Division 1 General Requirements

The work of this proposal includes, but is not limited to, the following items:

1. Work must be installed and completed by June 1, 2020. Price the work, material procurement and labor installation accordingly.

2. Provide labor to remove existing doors, mullions, thresholds, and hardware and dispose of offsite. Prepare existing adjacent materials / framing for new doors, hardware and associated accessories per the plans and specifications.

3. Verify each existing opening, dimensions and conditions in the field for coordination with new doors and hardware.

4. Include patching and or aluminum plate covers to match existing aluminum, etc. as necessary to cover existing holes in framing left from door and hardware removal. Include matching aluminum plates as necessary for support or backing for new hardware.

5. Removal of all construction debris off site. A dumpster will not be provided.

6. Each opening must be completed and secure in its entirety in one day by the end of classes – approximately

2:20 PM. The quantity of openings per day is not less than one and no more than two per day.

7. Daily construction / final clean up by this contractor.

The scope of work shall specifically exclude the following items:

1. Keying by owner

UNIT PRICES:

Unit Price #1. Provide LF pricing for removal of old glass gaskets and installation of new glass gaskets at existing glass units (LF ) $___________________

Unit Price #2 –Provide LF pricing for removal of existing caulk at frame and installation of new silicone caulk and backer rod. (LF) $_____________________

Name of Door Replacement Contractor:____________________________________________

PROPOSAL A BASE BID: $

ALTERNATE

Alternate A1 Remove existing aluminum framing, glass, doors and hardware complete and dispose of offsite. Provide and install a new clear anodized aluminum storefront framing complete with 1” glazing lites including blue spandrel glass. Clear anodized aluminum to conform to AA-M10C12C22A41. Aluminum framing to be thermally broken frames with screw spline construction. Provide and install doors and hardware as specified and noted per plans and specs. Include all silicone sealant and backer rod as required to seal new assembly to building.

List aluminum manufacturer and system quoted:

Price for openings complete as noted in alternate including doors and hardware: $___________________

END OF PROPOSAL A

PROPOSAL B: FRP Door and Hardware Replacement Openings B110A, E118A

GENERAL SCOPE: CM Supplementary Conditions General Conditions

1. Work must be installed and completed by June 1, 2020. Price the work, material procurement and labor

2. Provide labor to remove existing doors, mullions, thresholds, and hardware and dispose of offsite. Prepare existing adjacent materials / framing for new doors, hardware and associated accessories per the plans and specifications.

3. Include and coordinate low volt wiring rework as necessary for new hardware using existing circuits. Include wire mold as necessary to reach locations on existing framing. Remove old wiring from card readers and electric strikes back to the source. Install new power supply in an accessible location. All electrical work to be performed by a licensed contractor per code.

4. Verify each existing opening, dimensions and conditions in the field for coordination with new doors and hardware.

5. Include patching and or aluminum plate covers to match existing aluminum, etc. as necessary to cover existing holes in framing left from door and hardware removal. Include matching aluminum plates as necessary for support or backing for new hardware.

6. Removal of all construction debris off site. A dumpster will not be provided.

7. Each opening must be completed and secure in its entirety in one day by the end of classes – approximately

8. Daily construction / final clean up by this contractor.

2. Access Control devices provided by security contractor

3. Architectural access panels, if necessary, by others.

UNIT PRICES:

Unit Price #1. Provide LF pricing for removal of old glass gaskets and install of new glass gaskets at existing glass units (LF )

U Unit Price #2 –Provide LF pricing for removal of existing caulk at frame and installation of new silicone caulk

PROPOSAL B BASE BID: $

Alternate B1 Remove existing aluminum framing, glass, doors and hardware complete and dispose of offsite. Provide and install a new clear anodized aluminum storefront framing complete with 1” glazing lites including blue spandrel glass. Clear anodized aluminum to conform to AA-M10C12C22A41. Aluminum framing to be thermally broken frames with screw spline construction. Provide and install doors and hardware as specified and noted per plans and specs. Include all silicone sealant and backer rod as required to seal new assembly to building.

List aluminum manufacturer and system quoted:

Price for openings complete as noted in alternate including doors and hardware: $___________________

END OF PROPOSAL B

PROPOSAL C: FRP Door and Hardware Replacement Openings G103A, F110A

GENERAL SCOPE: CM Supplementary Conditions General Conditions

1. Work must be installed and completed by June 1, 2020. Price the work, material procurement and labor

2. Provide labor to remove existing doors, mullions, thresholds, and hardware and dispose of offsite. Prepare existing adjacent materials / framing for new doors, hardware and associated accessories per the plans and specifications.

3. Include low volt wiring rework as necessary for new hardware using existing circuits. Include wire mold as necessary to reach locations on existing framing. Remove old wiring from card readers and electric strikes back to the source. Install new power supply in an accessible location. All electrical work to be performed by a licensed contractor per code.

4. Verify each existing opening, dimensions and conditions in the field for coordination with new doors and hardware.

5. Include patching and or aluminum plate covers to match existing aluminum, etc. as necessary to cover existing holes in framing left from door and hardware removal. Include matching aluminum plates as necessary for support or backing for new hardware.

6. Removal of all construction debris off site. A dumpster will not be provided.

7. Each opening must be completed and secure in its entirety in one day by the end of classes – approximately

Unit Price #1. Provide LF pricing for removal of old glass gaskets and install of new glass gaskets at existing glass units (LF ) $___________________

U Unit Price #2 –Provide pricing for removal of existing caulk at frame and installation of new silicone caulk

PROPOSAL C BASE BID: $

ALTERNATE C1

Remove existing aluminum framing, glass, doors and hardware complete and dispose of offsite. Provide and install a new clear anodized aluminum storefront framing complete with 1” glazing lites including blue spandrel glass. Clear anodized aluminum to conform to AA-M10C12C22A41. Aluminum framing to be thermally broken frames with screw spline construction. Provide and install doors and hardware as specified and noted per plans and specs. Include all silicone sealant and backer rod as required to seal new assembly to building.

List aluminum manufacturer and system quoted:

Price for openings complete as noted in alternate including doors and hardware: $___________________

END OF PROPOSAL C

PROPOSAL D: FRP Door and Hardware Replacement Openings C100A, C100B

GENERAL SCOPE: CM Supplementary Conditions General Conditions

1. Work must be installed and completed by June 1, 2020. Price the work, material procurement and labor

2. Provide labor to remove existing doors, mullions, thresholds, and hardware and dispose of offsite. Prepare existing adjacent materials / framing for new doors, hardware and associated accessories per the plans and specifications.

3. Include low volt wiring rework as necessary for new hardware using existing circuits. Include wire mold as necessary to reach locations on existing framing. Remove old wiring from card readers and electric strikes back to the source. Install new power supply in an accessible location. All electrical work to be performed by a licensed contractor per code.

4. Verify each existing opening, dimensions and conditions in the field for coordination with new doors and hardware.

5. Include patching and or aluminum plate covers, etc. as necessary to cover existing holes in framing left from door and hardware removal.

6. Removal of all construction debris off site. A dumpster will not be provided.

7. Each opening must be completed and secure in its entirety in one day by the end of classes – approximately

Unit Price #1. Provide LF pricing for removal of old glass gaskets and install of new glass gaskets at existing glass units (LF ) $___________________

Unit Price #2 –Provide LF pricing for removal of existing caulk at frame and installation of new silicone caulk

(LF) $_____________________

Name of Mullion Replacement Contractor:____________________________________________

PROPOSAL D BASE BID: $

ALTERNATE D1

Remove existing aluminum framing, glass, doors and hardware complete and dispose of offsite. Provide and install a new clear anodized aluminum storefront framing complete with 1” glazing lites including blue spandrel glass. Clear anodized aluminum to conform to AA-M10C12C22A41. Aluminum framing to be thermally broken frames with screw spline construction. Provide and install doors and hardware as specified and noted per plans and specs. Include all silicone sealant and backer rod as required to seal new assembly to building.

List aluminum manufacturer and system quoted:

Price for openings complete as noted in alternate including doors and hardware: $___________________

END OF PROPOSAL D

CHANGES IN THE WORK: The prices listed above are to include overhead and profit. For authorized changes in the work involving additions to or deductions from the contract price, the bidder agrees to perform or delete such authorized work at net cost to him plus the following percentage of net cost. Percentages shall be considered to be all direct costs. Taxes, social security payments, and insurance premiums shall not be considered direct costs.

For work by Subcontractor's own forces - Maximum

15% Involving Additions percent

Involving Deductions percent

For work under subcontract - Maximum

10% Involving Additions percent

Involving Deductions percent

SUBSTITUTIONS: See Schedule 'A' at sheet following end of this Proposal Form for voluntary alternates and/or substitutions.

ADDENDA: If addenda have been received during the bidding period, the bidder shall fill in their numbers and dates, which will be an acknowledgement of his having received same and included in this proposal the work involved.

Addendum No. Dated

Addendum No. Dated

LABOR, MATL AND Successful bidders whose proposals are $50,000 or more are required to PERFORMANCE BONDS: furnish a satisfactory Performance and Payment Bond in the amount of 100% of their bid. The cost of the bond(s) shall be included in the proposal and stated below in total.

Bond Premium

Successful bidders will provide Payment and Performance Bonds issued by sureties listed by the Treasury Department and licensed to do business in Michigan. Sureties must be acceptable to the CM and Richmond Community Schools.

SCHEDULE: Time is of the essence for this project, therefore the Undersigned further agrees to conform to the following schedule to allow the on-site start of his work.

a. Shop drawings and submittals; after notice to proceed weeks

b. Fabrication and/or Manufacture/Procurement and Delivery after approval of shop drawings and submittals:

weeks

If awarded the Subcontract, the Undersigned agrees to commence the Work within 5 days notice to proceed from the CM and to complete the Work within the framework of the project schedule.

CONTRACTOR MILESTONE

SCHEDULE: Advertisement for Bids: 3/16/2020 Pre-Bid Meeting: 3/19/2020 Pre-Bid RFI Deadline: 3/23/2020 Bids Due: 3/30/202020 Post Bids: 3/31/2020 Board Approval: 4/13/2020 Mobilize On-Site: 5/25/2020 Project Completion: 6/01/2020

TAXES: The bidder shall include all applicable federal, state and municipal sales and excise taxes.

PROPOSAL GUARANTEE: A certified or cashier's check payable to "Richmond Community Schools" or a satisfactory bid bond executed by the bidder by a Treasury listed surety company in the amount of five percent (5%) of the bid shall be included with any proposal in excess of $24,924.

No proposal shall be withdrawn for a period of 60 days from the date of bid.

Accompanying this proposal is a proposal guarantee, as required, consisting of:

ACCEPTANCE OF

PROPOSAL: The Owner reserves the right to reject any and/or all bids and to waive any informalities should it be deemed in its best interest to do so.

Upon receipt of written notice of the acceptance of this bid, the bidder will execute the formal contract within 10 days.

Company: ________________________________________________

Name:

Submitted By: ________________________________________________ Signature

Email:

Date:

Phone: ______________________ Fax: _____________________

INSTRUCTIONS: Submit two copies and retain one for your file.

**END OF PROPOSAL**

INCOMPLETE PROPOSALS MAY BE DISQUALIFIED

SCHEDULE “A”

VOLUNTARY ALTERNATES / SUBSTITUTIONS

NOTE: Value Engineering is encouraged.

The Bidder proposes the following Voluntary Alternates for the sums to be deleted from the Base Bid as stated below:

VOLUNTARY ALTERNATE NO. 1:

( ) Dollars

VOLUNTARY ALTERNATE NO. 2:

( ) Dollars

The Bidder proposes the above Alternate for the following reason:

The Bidder requests acceptance of the following substitutions: (Attach)

PROPOSAL SCHEDULE “B”

SWORN AND NOTARIZED FAMILIAL DISCLOSURE STATEMENT

All bidders must complete the following disclosure compliance with MCL 380.1267 and attach this information to the bid.

The bid proposal will be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the Richmond Community Schools Board or the Richmond Community Schools’ Superintendent. The District will not accept a bid proposal that does not include this sworn and notarized disclosure statement.

The members of the Richmond Community Schools Board are: Sarah Gillies, Jessica Sexton, Angela Pacitto, Kyle Simmons, Kristine Furtaw, Sherri Zube. The Richmond Community Schools Superintendent is Brian J. Walmsley.

□ The following are the familial relationship(s):

Owner/Employee Name Related to: Relationship

1. ____________________ _________________ _____________________

2. ____________________ _________________ _____________________

3. ____________________ _________________ _____________________

4. ____________________ _________________ _____________________

5. ____________________ _________________ _____________________

Attach additional pages if necessary to disclose familial relationships.

□ There is no familial relationship that exists between the owner or any employee of the bidder and any member of the Richmond Community Schools Board or Richmond Community Schools Superintendent.

BIDDER’S FIRM NAME

BY (SIGNATURE)

PRINTED NAME AND TITLE

STATE OF MICHIGAN )

) SS

COUNTY OF )

Subscribe and sworn before me on this _______

Day of , 20___, a Notary Public in and for county, Notary Public

SCHEDULE “C”

EQUAL OPPORTUNITY STATEMENT

Richmond Community Schools authority:

Gentlemen:

It is the publicly stated policy of __________ not to discriminate against any employee, applicant for employment, contractor, or material supplier, because of race, religion, color, national origin, ancestry or sex. With regard to employment, such non-discrimination includes, but is not limited to, our (my) policies of recruitment, recruitment, advertising, selection for apprenticeship or other training, rates of pay, promotion, transfer, lay-off or termination.

In all advertising for employment, subcontractors, or suppliers we (1) shall state that all applicants or respondents will receive consideration without regard to race, religion, color, national origin, ancestry or sex.

We (I) understand that any contract for RICHMOND COMMUNITY SCHOOLS shall be in consideration of our maintaining the above mentioned non-discrimination policy.

We (I) understand that we (I) may be required to submit further information covering the race, color and work classification for our employees and those of our sub-contractors to be employed on this project.

NAME OF BIDDER (COMPANY):

SIGNATURE:

NAME:

(Typed or Printed)

TITLE:

SCHEDULE “D”

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the Richmond Community Schools (the “School District”) Request For Proposals For Richmond Community Schools Athletic Field Renovation (the “RFP”), hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the contract.

The Contractor further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

CONTRACTOR:

BIDDER’S FIRM NAME

BY (SIGNATURE)

PRINTED NAME AND TITLE

STATE OF MICHIGAN )

)SS

COUNTY OF )

Subscribe and sworn before me on this Seal:

day of , 20 , a Notary Public in and for County, Notary Public

My Commission expires

AIA Document A132™-2009

Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition

AGREEMENT made on the day of in the year 2020 (In words, indicate day, month and year.) The Day of , Two Thousand Twenty

BETWEEN the Owner: RICHMOND COMMUNITY SCHOOLS

(Name, legal status, address and other information)

35276 DIVISION ROAD

RICHMOND, MI 48062

and the Contractor:

(VENDOR # )

PHONE: FAX:

CONTACT:

for the following Project: RICHMOND COMMUNITY SCHOOLS (Name, location and detailed description)

AUCH JOB NO.: SUBCONTRACT NUMBER:

The Construction Manager: GEORGE W. AUCH COMPANY

65 UNIVERSITY DRIVE

PONTIAC, MI 48342

PHONE: (248) 334-2000 FAX: (248) 334-3404

CONTACT: GERALD E. MC CLELLAND

The Architect: FRENCH ASSOCIATES, INC.

236 MILL STREET

ROCHESTER, MI 48307

CONTACT: DAN JEROME

PHONE (248) 609-7729

The Owner and Contractor agree as follows:

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

10 INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other

Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in

Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. The intent of the Contract Documents is to describe a fully functional project, and it is intended that Contractor shall furnish all labor, materials, tools, equipment and other items necessary for the proper execution and completion of the Work in accordance therewith, including all work incidental to or reasonably inferable from the Contract Documents as being necessary to product the intended results, unless it is specifically indicated in the Contract Documents that such work is to be performed by others, and to complete the Work in a satisfactory manner, ready for use, occupancy and operation by Owner.

Provide all labor and material for the Work as called for in the Drawings and Specifications prepared by French Associates, Inc., and per Bid Package Proposal “ “.

Specifications:

Division 1 General Requirements Section Section Section Section

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.

(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.)

If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics’ liens and other security interests, the Owner’s time requirement shall be as follows:

3.2 The Contract Time shall be measured from the date of commencement.

3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows:

(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.)

Portion of the Work Substantial Completion Date

, subject to adjustments of this Contract Time as provided in the Contract Documents.

(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.)

N/A

ARTICLE 4 CONTRACT SUM

4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the

Contract. The Contract Sum shall be Stipulated Sum, in accordance with Section 4.2 below

4.2 Stipulated Sum

4.2.1 The Stipulated Sum shall be ($ .00), subject to additions and deletions as provided in the Contract Documents.

Sum of DOLLARS

, subject to additions and deductions as provided in the Contract Documents.

4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

Alternatives to the Scope of the Work are reflected in Contractor’s Proposal dated [ insert ]. Owner reserves the right to accept any or all of Contractor’s Alternatives following the execution of this Contract.

4.2.3 Unit Prices, if any:

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

4.2.4 Allowances included in the Stipulated Sum, if any:

(Identify allowance and state exclusions, if any, from the allowance price.)

ARTICLE 5 PAYMENTS

5.1 Progress Payments

5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. Owner’s obligation to process an Application for Payment is expressly conditioned on Contractor’s submission of all documents required to be delivered with the Application for Payment and the Application itself being complete and accurate in all respects.

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

5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25 th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Construction Manager not later than the 25 th day of the following month, for disbursement to Contractors. If an Application for

Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 ) days after Application for Payment has been certified for payment.

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

5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum

5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment.

5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent (10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions;

2. Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10 %);

3. Subtract the aggregate of previous payments made by the Owner; and

4. Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a

Certificate for Payment as provided in Section 9.5 of the General Conditions.

5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-Five percent (95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and

2. Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions.

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

(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.)

5.2 Final Payment

5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

1. the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Section 12.2 of AIA Document A232–2009, and to satisfy other requirements, if any, which extend beyond final payment; and

2. a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows:

ARTICLE 6 DISPUTE RESOLUTION

6.1 Initial Decision Maker

The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232–2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.

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

6.2 Binding Dispute Resolution

For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232–2009, the method of binding dispute resolution shall be as follows:

(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.)

[ ] Arbitration pursuant to Section 15.4 of AIA Document A232–2009.

[ X ] Litigation in a court of competent jurisdiction.

[ ] Other: (Specify)

ARTICLE 7 TERMINATION OR SUSPENSION

7.1 Where the Contract Sum is a Stipulated Sum

7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232–2009, as amended by the parties.

7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232–2009, as amended by the parties.

ARTICLE 8 MISCELLANEOUS PROVISIONS

8.1 Where reference is made in this Agreement to a provision of AIA Document A232–2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

8.2 [ Intentionally deleted ]

8.3 The Owner’s representative:

(Name, address and other information)

BRIAN J. WALMSLEY, Ed.S.

35276 DIVISION

RICHMOND, MI 480462

(586) 727-3565 bwalmsley@richmond.k12.mi.us

8.4 The Contractor’s representative:

(Name, address and other information)

8.5 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days written notice to the other party.

8.6 Other provisions:

8.6.1 Prior to the expiration of one year from the date of Substantial Completion, the Contractor shall, without additional compensation, conduct a meeting with the Owner, Architect, and Construction Manager to review the Work. Following such review, Architect and Construction Manager shall prepare a report to be issued to the Contractor specifying any deficiencies in, or disparities between the Work and the Contract Documents, the requirements and the Drawings and Specifications, and any warranty issues. Upon receipt of such report, Contractor shall correct all such deficiencies, disparities or warranty items, without expense to Owner.

8.6.2 The liability of Owner to Contractor or its insurer with respect to any and all claims arising out of the performance or non-performance of the obligations of Owner in connection with this Agreement, whether based in contract (including breach of warranty), or tort (including negligence, whether of Owner or others), strict liability or otherwise, shall in no event include damages for loss of profit or revenue or the loss of use of either, or incidental, special, indirect or consequential damages of any nature whatsoever.

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below.

9.1.1 The Agreement is this executed Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition, as amended by the parties.

9.1.2 The General Conditions are, AIA Document A232–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, as amended by the parties.

9.1.3 The Supplementary and other Conditions of the Contract:

CM Supplementary Conditions and Procedures

9.1.4 The Specifications:

(Either list the Specifications here or refer to an exhibit attached to this Agreement.)

[ insert reference ]

9.1.5 The Drawings:

(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

9.1.6 The Addenda, if any:

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

9.1.7 Additional documents, if any, forming part of the Contract Documents are:

.1 AIA Document A132-2009, Exhibit A, Determination of the Cost of the Work, if applicable.

.2 AIA Document E201-2007, Digital Data Protocol Exhibit, if completed, or the following:

N/A

.3 AIA Document E202-2008, Building Information Modeling Protocol Exhibit, if completed, or the following:

N/A

.4 Other documents, if any, listed below:

(List here any additional documents which are intended to form part of the Contract Documents.

AIA Document A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

Invitation to Bid

Instructions to Bidders

ARTICLE 10 INSURANCE AND BONDS

The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232–2009, as included in bid documents.

Typoe of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance Bond 100% of the Contract Sum Payment Bond 100% of the Contract Sum

Insurance Required to be provided by See Supplementary Conditions for Limits of Liability Contractor under Article 11.

This Agreement is entered into as of the day and year first written above.

OWNER (Signature) CONTRACTOR (Signature)

BRIAN J. WALMSLEY, Ed.S.

Superintendent

(Printed name and title) (Printed name and title)

CM SUPPLEMENTARY CONDITIONS & PROCEDURES

Revised January 6, 2020

This document is written to complement, clarify or negate certain provisions of AIA Document A232- 2009 Construction Manager-Advisor Edition, previously bound within this specification. It is written specifically for this project in an attempt to summarize and elaborate upon several facets of interest and concern to the awarded contractors. These CM-Supplementary Conditions and Procedures, as with the aforementioned documents, will form a part of the written construction contract.

Several references in the General Conditions refer to an Agreement between the Contractor/Subcontractor and the Owner or the Construction Manager (CM), as the case may be. For this project, it is intended that Agreements will be between the Contractor and Richmond Community Schools. See AIA Document A132-2009/CMa (Std. Form of Agreement between Owner and Contractor), following these Supplementary Conditions for Form of Agreement.

I. Other modifications to the General Conditions are as follows:

Article 3: Contractor.

Add:

Para. 3.4.5.2 Where certification of the asbestos content of the material is not available from the manufacturer, the contractor shall pay the cost for sampling and analyzing the material for asbestos content. Any asbestos containing material shall be removed and replaced with like asbestos free material, all at the cost of the contractor.

Para. 3.14.3 "Every contractor will be responsible for all cutting and patching necessary for completion of his work unless otherwise noted. All patching is to be done by the contractor whose work is damaged and shall be reimbursed by the contractor causing the damage."

Para. 3.14.4 Restrict the size of holes to a maximum 2” larger than the minimum possible size. Exercise care when cutting to minimize damage to existing work.

Para. 3.14.5 Do not cut structural members without prior permission of the Architect and C.M.

Para. 3.15.4 All combustible waste materials shall be removed from all buildings at the close of every work day. All other rubbish and debris shall be removed from the premises at least once every week.

Para. 3.15.5 Costs attendant to the removal of all debris, rubbish, packaging, etc. which are identifiable to the activity of a specific contractor or its subcontractors shall be charged to the contractor. These costs will be pro-rated among all contractors on the basis of the ratio of the work force of each (including their subcontractors) to the total work force on the jobsite.

Para. 3.15.6 The Construction Manager shall maintain adequate records relating to the assessment of charges.

Para. 3.15.7 As work is completed in an area, the contractor shall remove all tools, equipment, scaffolding, and surplus materials and leave the area broom-clean.

Article 9 PAYMENTS AND COMPLETION

Delete and replace with:

Para. 9.3.1 On or about the 25th day of each month, the Contractor shall make application for payment in duplicate based on percentage of completion of items of cost breakdown. Each application shall be accompanied by a sworn statement that all labor, materials and services included in the previous and prior statements have been paid for, and that all work under subcontract has been paid, less only the retained percentage stated herein, and any disputed amounts, which shall be stated. Partial waivers shall be submitted covering all payments made to the contractors from the contractor’s subs and suppliers. Final payment requests or reductions of retained percentage shall be submitted with waivers of lien from all principal contractors and material suppliers.

Para. 9.3.4 The Owner shall make payments on account of the contract, provided therein, as follows: On or about the thirtieth day of the following month, (or after the Board meets and approves payment) ninety percent (90%) of the value (except as may be modified under 10.3.3) based on contract prices including executed change orders amending the contract, or labor and materials incorporated into the work, and materials suitably stored at the site up to the date of the application, as certified by the Architect, less the aggregate of previous payments. Subject to Article 9.5, payments shall be made within ten days of the date owner funding is provided.

Para. 9.3.5 There shall be retained ten percent (10%) of the estimated amounts until final completion and acceptance of all work covered by the contract. However, the CM with the approval of the Architect, at any time after ninety (90%) of the work has been completed, if he finds that satisfactory progress is being made, and with written consent of surety, may recommend that remaining partial payments be paid in full. The balance of the retained percentage shall be paid thirty (30) days after the Owner's acceptance of the building providing that all requirements of the contract are met and financial obligations are discharged.

Para. 9.3.6 Suitably stored in 9.3.2 preceding, will be interpreted to mean on site and such as to not interfere with building operations, be exposed to weather if unsuitable, an invitation to tampering or theft. Such storage shall be at the contractor's risk except as provided under insurance

Para. 9.3.7 Applications for payments shall be on AIA Forms G-702 and G-703 and accompanied by any and all documents CM may deem appropriate.

Add:

Para. 9.10.5 Final payment, including retainage, will be made upon completion of the work. Final payment for work of each contractor will be made upon satisfactory completion of the following conditions:

1. All work is to be completed to the satisfaction of the Architect and Construction Manager. Any uncompleted work must be listed, with explanation and anticipated completion date.

2. Contractor to submit the following documents (if applicable). Obtain verification through Construction Manager.

a. Final Invoice, Final Waiver, Sworn Statement.

b. Final waiver from subs.

c. Guarantee(s). See Appendix "A"

d. Contractor's affidavit of Payment of Debts and Claims (AIA Form G-706).

e. Fire Certificate(s) and/or Affidavit(s) as applicable.

f. As-builts and Manuals, as applicable.

g. Balance Report, as applicable.

h. Valve Chart, as applicable.

i.