23186.00 - PPS WMS SERVERY REMODEL_PROJECT MANUAL.pdf

Tower Pinkster Titus Associates, Inc.

242 East Kalamazoo Avenue, Suite 100, Kalamazoo, MI 49007-5828

4 East Fulton Street, Suite200, Grand Rapids, MI 49503

PORTAGE WEST MIDDLE SCHOOL

SERVERY REMODEL - BID PACKAGE 2

PROJECT MANUAL

1/16/2024

OWNER

PORTAGE PUBLIC SCHOOLS

8107 MUSTANG DRIVE

PORTAGE, MI 49002

PROJECT NUMBER

Architect’s Project No. 23186 State File No.

State Index No.

SET NUMBER

This page intentionally left blank.

PROJECT NO. 23186 TABLE OF CONTENTS

PORTAGE WEST MIDDLE SCHOOL SERVERY REMODEL - BID PACKAGE 2 1

PORTAGE PUBLIC SCHOOLS 1/16/2024

[Copyright] 2024 Tower Pinkster Titus Associates - All Rights Reserved

TABLE OF CONTENTS

DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS

00 1112 - NOTICE TO BIDDERS

00 2113 - INSTRUCTIONS TO BIDDERS

00 2600 - PROCUREMENT SUBSTITUTION PROCEDURES

00 4100 - BID FORM

00 4325 - SUBSTITUTION DURING PROCUREMENT REQUEST FORM

00 4518 - FAMILIAL STATEMENT OF DISCLOSURE

00 4519 - NONCOLLUSION AFFIDAVIT

00 4546 - GOVERNMENTAL CERTIFICATIONS

00 4553 - BIDDER’S CERTIFICATION REGARDING RESPONSIBILITY MATTERS

00 6325 - SUBSTITUTION DURING CONSTRUCTION REQUEST FORM

00 7200 - GENERAL CONDITIONS

00 7300 - SUPPLEMENTARY CONDITIONS

00 7343 - WAGE RATE REQUIREMENTS

DIVISION 01 — GENERAL REQUIREMENTS

01 1000 - SUMMARY

01 2500 - SUBSTITUTION PROCEDURES

01 2600 - CONTRACT MODIFICATION PROCEDURES

01 2900 - PAYMENT PROCEDURES

01 3100 - PROJECT MANAGEMENT AND COORDINATION

01 3200 - CONSTRUCTION PROGRESS DOCUMENTATION

01 3300 - SUBMITTAL PROCEDURES

01 4000 - QUALITY REQUIREMENTS

01 4200 - REFERENCES

01 5000 - TEMPORARY FACILITIES AND CONTROLS

01 6000 - PRODUCT REQUIREMENTS

01 7300 - EXECUTION

01 7700 - CLOSEOUT PROCEDURES

01 7823 - OPERATION AND MAINTENANCE DATA

01 7839 - PROJECT RECORD DOCUMENTS

01 7900 - DEMONSTRATION AND TRAINING

DIVISION 02 — EXISTING CONDITIONS

02 4119 - SELECTIVE DEMOLITION

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DIVISION 03 — CONCRETE

03 3000 - CAST-IN-PLACE CONCRETE sf1

DIVISION 04 — MASONRY

04 2200 - CONCRETE UNIT MASONRY sf1

DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES

06 6116 - SOLID SURFACING FABRICATIONS

DIVISION 07 — THERMAL AND MOISTURE PROTECTION

07 9200 - JOINT SEALANTS sf1

DIVISION 08 — OPENINGS

08 1416 - FLUSH WOOD DOORS sf1

08 7100 - DOOR HARDWARE

08 8000 - GLAZING sf3

DIVISION 09 — FINISHES

09 2216 - NON-STRUCTURAL METAL FRAMING

09 2900 - GYPSUM BOARD

09 3000 - TILING sf0

09 5113 - ACOUSTICAL PANEL CEILINGS

09 6513 - RESILIENT BASE AND ACCESSORIES

09 7200 - WALL COVERINGS sf0

09 9123 - INTERIOR PAINTING

DIVISION 10 — SPECIALTIES

10 2600 - WALL AND DOOR PROTECTION sf0

10 4400 - INTERIOR SIGNS

DIVISION 22 — PLUMBING

22 0500 - COMMON WORK RESULTS FOR PLUMBING

22 0523 - GENERAL DUTY VALVES FOR PLUMBING PIPING

22 0529 - HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT

22 0553 - IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT

22 0700 - PLUMBING INSULATION

22 0800 - MINIMUM COMMISSIONING OF PLUMBING

22 1316 - SANITARY WASTE AND VENT PIPING

22 1319 - SANITARY WASTE PIPING SPECIALTIES

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DIVISION 23 — HEATING VENTILATING AND AIR CONDITIONING

23 0500 - COMMON WORK RESULTS FOR HVAC

23 0529 - HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT

23 0700 - HVAC INSULATION

23 0800 - MINIMUM COMMISSIONING OF HVAC

23 2113 - HYDRONIC PIPING

23 3113 - METAL DUCTS

23 3300 - AIR DUCT ACCESSORIES

23 3713 - DIFFUSERS, REGISTERS, AND GRILLES

23 8213 - VALANCE HEATING AND COOLING UNITS

DIVISION 26 — ELECTRICAL

26 0500 - COMMON WORK RESULTS FOR ELECTRICAL

26 0519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 0526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 0529 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

26 0533 - RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS

26 0553 - IDENTIFICATION FOR ELECTRICAL SYSTEMS

26 0923 - LIGHTING CONTROL DEVICES

26 2200 - LOW VOLTAGE TRANSFORMERS

26 2416 - PANELBOARDS

26 2726 - WIRING DEVICES

26 5100 - INTERIOR LIGHTING

DIVISION 27 — COMMUNICATIONS

27 0500 - COMMON WORK RESULTS FOR COMMUNICATIONS

27 0526 - GROUNDING AND BONDING FOR COMMUNICATIONS SYSTEMS

27 0528 - PATHWAYS FOR COMMUNICATIONS SYSTEMS

27 0553 - IDENTIFICATION FOR COMMUNICATIONS SYSTEMS

27 1116 - TELECOMMUNICATION ROOM EQUIPMENT AND RACKS

27 1513 - COMMUNICATIONS COPPER HORIZONTAL CABLING

27 1700 - TESTING AND ADMINISTRATION OF BALANCED TWISTED PAIR INFRASTRUCTURE

27 4116 - INTEGRATED AUDIO VIDEO SYSTEMS AND EQUIPMENT

PROJECT NO. 23186 NOTICE TO BIDDERS

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Notice to Bidders

Portage Public Schools (PPS)

Portage West Middle School Servery Remodel – Bid Package 2

Sealed bid proposals will be accepted from qualified contractors by PPS for the following:

Portage West Middle School Servery Remodel – Bid Package 2

Proposals may be mailed or delivered to (please clearly indicate the project the proposal is for on the outside of the package submitted within):

PPS Purchasing Department

Portage Public Schools Administration Building

8107 Mustang Drive

Portage, MI 49002

Mandatory Pre-bid Meeting as follows:

February 6, 2024 at 3:15 PM – Portage West Middle School

Site walk-thru(s) of the Portage West Middle School Servery to be held as follows:

February 6, 2024 – Immediately following the Pre-Bid Meeting

Sealed bids will be received until Monday, February 19, 2024 at 1:00 PM local time, at the Portage Public

Schools Administration Building, 8107 Mustang Drive, Portage, MI 49002. A public opening will be conducted beginning at 1:01 PM at the Portage Public Schools Administration Building, where bids will be opened publicly and read aloud. Late bids will not be accepted.

All bids shall be accompanied by a sworn and notarized statement disclosing any familial relationship (or lack of a relationship) that exists between the owner or any employee of the bidder and any member of the Board of Education of the Portage Public Schools or the Superintendent of the School District. The District shall not accept a bid that does not include a sworn and notarized disclosure statement.

Portage Public Schools reserves the right to reject any or all bids and to waive irregularities in any bid and to award the bid(s) they deem in the best interest of Portage Public Schools.

For information and bidding documents contact PPS Architect, Tower Pinkster Titus Associates, Inc., Doug

Milburn at dmilburn@towerpinkster.com or (269) 492-6724.

Bid documents will be available on or before February 1, 2024, by request.

mailto:dmilburn@towerpinkster.com

PROJECT NO. 23186 INSTRUCTIONS TO BIDDERS

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SECTION 00 2113 - INSTRUCTIONS TO BIDDERS

1.1 FORM OF INSTRUCTIONS TO BIDDERS

A. See AIA Document A701 (1997 Edition), Instructions to Bidders, issued by the American Institute of Architects. It is an integral part of the Bidding Documents but is not bound in the Project Manual. Refer to this document for pertinent information. Failure to consult this document shall not relieve the Bidder of its obligations therein. Copies of this document may be viewed at the office of the Architect, and may be purchased at the following location:

a. AIA Michigan

b. 4219 Woodward Avenue

c. Detroit, MI 48201

d. (313) 965-4100

B. The instructions in this document amend or supplement the Instructions to Bidders and other provisions of the Bidding and Contract Documents. Where any Article of the Instructions to Bidders is modified, or any paragraph, sub-paragraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that article, paragraph, sub-paragraph, or clause shall remain in effect.

1.2 ARTICLE 1 – DEFINITIONS

A. Make the following revisions to paragraph 1.1:

1. 1.1 In the first and second sentences, replace the phase "Bidding Requirements" with the phrase "Procurement Requirements." In the second sentence replace the words "and contract forms" with the word "forms." In the third sentence, after the words replace the words "Conditions of the Contract" with the words "contracting forms, Conditions of the Contract."

1.3 ARTICLE 2 – BIDDER'S REPRESENTATIONS

A. Add the following clause 2.1.3.1 to subparagraph 2.1.3:

a. .1 The Bidder has investigated all required fees, permits, and regulatory requirements of authorities having jurisdiction and has properly included in the submitted bid the cost of such fees, permits, and requirements not otherwise indicated as provided by Owner.

1.4 ARTICLE 3 – BIDDING DOCUMENTS

1. 3.3 SUBSTITUTIONS

B. Add the following Sub-paragraph 3.3.5:

1. 3.3.5 Voluntary alternates shall be presented on the Bidder's letterhead, together with the amount to be deducted from, or added to, his proposal. The Owner may accept or reject such voluntary alternates based upon his best judgement of value.

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1.5 ARTICLE 4 – BIDDING PROCEDURE

1. 4.1 PREPARATION OF BIDS

B. Add the following clause 4.1.1.1 to subparagraph 4.1.1:

a. .1 Submit two fully executed copies of the bid, including all required attachments.

C. Add the following Subparagraph 4.1.8:

1. 4.1.8 The Bid shall include unit prices when called for by the Procurement and Contracting Documents. Owner may elect to consider unit prices in the determination of award. Unit prices will be incorporated into the Contract.

2. 4.2 BID SECURITY

D. Omit the last sentence of Subparagraph 4.2.1.

E. Add the following Subparagraph 4.2.4:

1. 4.2.4 Bid security equal to 5 percent of the bid shall be provided in the form of a surety bond, certified check, or cashier's check made payable to the Owner.

3. 4.4 MODIFICATION OR WITHDRAWAL OF BID

F. Add the following clauses to Subparagraph 4.4.2:

a. .1 Such modifications to or withdrawal of a bid may only be made by persons authorized to act on behalf of the Bidder. Authorized persons are those so identified in the Bidder's corporate bylaws, specifically empowered by the Bidder's charter or similar legally binding document acceptable to Owner, or by a power of attorney, signed and dated, describing the scope and limitations of the power of attorney. Make such documentation available to Owner at the time of seeking modifications or withdrawal of the Bid.

b. .2 Owner will consider modifications to a bid written on the sealed bid envelope by authorized persons when such modifications comply with the following: the modification is indicated by a percent or stated amount to be added to or deducted from the Bid; the amount of the Bid itself is not made known by the modification; a signature of the authorized person, along with the time and date of the modification, accompanies the modification.

Completion of an unsealed bid form, awaiting final figures from the Bidder, does not require power of attorney due to the evidenced authorization of the Bidder implied by the circumstance of the completion and delivery of the Bid.

1.6 ARTICLE 5 – CONSIDERATION OF BIDS

A. Add the following subparagraph 5.2.1 to paragraph 5.1:

1. 5.2.1 Owner reserves the right to reject a bid based on Owner's and Architect's evaluation of qualification information submitted following opening of bids. Owner's evaluation of the Bidder's qualifications will include: status of licensure and record of compliance with licensing requirements, record of quality of completed work, record of Project completion and ability to complete, record of financial management including financial resources available to complete Project and record of timely payment of obligations, record of Project site management including

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compliance with requirements of authorities having jurisdiction, record of and number of current claims and disputes and the status of their resolution, and qualifications of the Bidder's proposed Project staff and proposed subcontractors.

1.7 ARTICLE 6 – POST BID INFORMATION

1. 6.2 OWNER’S FINANCIAL CAPABILITY

B. Omit Paragraph 6.2.

1. 6.3 SUBMITTALS

C. Replace Subparagraph 6.3.1 with the following:

1. 6.3.1 All bidders whose bid is under consideration shall submit, within 48 hours of bid opening, a Schedule of Values listing all subcontractors proposed for the Work and the following:

a. .1 A designation of the Work to be performed with the Bidder's own forces.

b. .2 Names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work.

1.8 ARTICLE 7 – PERFORMANCE BOND AND PAYMENT BOND

1. 7.1 BOND REQUIREMENTS

B. Add the following Subparagraph 7.1.4:

1. 7.1.4 Performance and Payment Bonds in the amount of 100 percent of the Contract amount will be required.

C. Add the following Article 9 to the Instructions to Bidders:

1.9 ARTICLE 9 – ADDITIONAL ITEMS

1. 9.1 EXECUTION OF THE CONTRACT

2. 9.1.1 Subsequent to the Notice of Intent to Award, and within 10 days after the prescribed Form of Agreement is presented to the Awardee for signature, the Awardee shall execute and deliver the Agreement to Owner through Architect, in such number of counterparts as Owner may require.

3. 9.1.2 Owner may deem as a default the failure of the Awardee to execute the Contract and to supply the required bonds when the Agreement is presented for signature within the period of time allowed.

4. 9.1.3 Unless otherwise indicated in the Procurement and Contracting Documents or the executed Agreement, the date of commencement of the Work shall be the date of the executed Agreement or the date that the Bidder is obligated to deliver the executed Agreement and required bonds to Owner.

5. 9.2 PRE-BID MEETING

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6. 9.2.1 There will be a mandatory pre-bid meeting beginning at 3:15 p.m. local time on February 6, 2024 at the following place: Portage West Middle School.

a. .1 The purpose is to consider questions posed by bidders and to tour the site and existing facilities.

b. .2 All prime contract and subcontract bidders are urged to attend.

c. .2 This meeting is mandatory for all prime contract bidders. No bid will be considered from a bidder that does not have a representative at this meeting.

END OF DOCUMENT 00 2113

PROJECT NO. 23186 PROCUREMENT SUBSTITUTION PROCEDURES

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DOCUMENT 00 2600 - PROCUREMENT SUBSTITUTION PROCEDURES

1.1 DEFINITIONS

A. Procurement Substitution Requests: Requests for changes in products, materials, equipment, and methods of construction from those indicated in the Procurement and Contracting Documents, submitted prior to receipt of bids.

B. Substitution Requests: Requests for changes in products, materials, equipment, and methods of construction from those indicated in the Contract Documents, submitted following Contract award. See Section 01 2500 "Substitution Procedures" for conditions under which Substitution requests will be considered following Contract award.

1.2 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.

1.3 PROCUREMENT SUBSTITUTIONS

A. Procurement Substitutions, General: By submitting a bid, the Bidder represents that its bid is based on materials and equipment described in the Procurement and Contracting Documents, including Addenda.

Bidders are encouraged to request approval of qualifying substitute materials and equipment when the Specifications Sections list materials and equipment by product or manufacturer name.

B. Procurement Substitution Requests will be received and considered by Owner when the following conditions are satisfied, as determined by Architect; otherwise requests will be returned without action:

1. Extensive revisions to the Contract Documents are not required.

2. Proposed changes are in keeping with the general intent of the Contract Documents, including the level of quality of the Work represented by the requirements therein.

3. The request is fully documented and properly submitted.

1.4 SUBMITTALS

A. Procurement Substitution Request: Submit to Architect. Procurement Substitution Request must be made in writing in compliance with the following requirements:

1. Requests for substitution of materials and equipment will be considered if received no later than 10 days prior to date of bid opening.

2. Submittal Format: Submit each written Procurement Substitution Request, using form bound in Project Manual.

a. Identify the product or the fabrication or installation method to be replaced in each request.

Include related Specifications Sections and drawing numbers.

b. Provide complete documentation on both the product specified and the proposed substitute, including the following information as appropriate:

PROJECT NO. 23186 PROCUREMENT SUBSTITUTION PROCEDURES

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1) Point-by-point comparison of specified and proposed substitute product data, fabrication drawings, and installation procedures.

2) Copies of current, independent third-party test data of salient product or system characteristics.

3) Samples where applicable or when requested by Architect.

4) Detailed comparison of significant qualities of the proposed substitute with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.

5) Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated.

6) Research reports, where applicable, evidencing compliance with building code in effect for Project, from ICC-ES.

7) Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, which will become necessary to accommodate the proposed substitute.

c. Provide certification by manufacturer that the substitute proposed is equal to or superior to that required by the Procurement and Contracting Documents, and that its in-place performance will be equal to or superior to the product or equipment specified in the application indicated.

d. Bidder, in submitting the Procurement Substitution Request, waives the right to additional payment or an extension of Contract Time because of the failure of the substitute to perform as represented in the Procurement Substitution Request.

B. Architect's Action:

1. Architect may request additional information or documentation necessary for evaluation of the Procurement Substitution Request. Architect will notify all bidders of acceptance of the proposed substitute by means of an Addendum to the Procurement and Contracting Documents.

C. Architect's approval of a substitute during bidding does not relieve Contractor of the responsibility to submit required shop drawings and to comply with all other requirements of the Contract Documents.

END OF DOCUMENT 00 2600

PROJECT NO. 23186 BID FORM

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SECTION 00 4100 - BID FORM

1.1 THE PROJECT AND THE PARTIES:

A. TO: Portage Public Schools (the Owner)

1. 8107 Mustang Dr.

2. Portage, MI 49002

B. FOR: Portage West Middle School Servery Remodel – Bid Package #2

C. DATE: __________________________________ (Bidder to enter date)

D. SUBMITTED BY: (Bidder to enter name and address)

1. Bidders Full Name ______________________________

2. Address ______________________________

3. City, State, and Zip ______________________________

4. Phone Number ______________________________

5. Fax Number ______________________________

1.2 OFFER

A. Having examined the Place of the Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by Tower Pinkster Titus Associates for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of:

1. ____________________________________________________ Dollars ($_______________)

2. in lawful money of the United States of America.

3. We have included the required security as required by the Instruction to Bidders.

4. All applicable taxes are included in the Bid Sum.

5. All Cash and Contingency Allowances described in Division 01 Section Allowances are included in the Bid Sum.

1.3 ACCEPTANCE

A. This offer shall be open to acceptance and is irrevocable for thirty days from the bid closing date. If this bid is accepted by the Owner within the time period stated above, we will:

1. Execute the Agreement within seven days of receipt of Notice of Award.

2. Furnish the required bonds within seven days of receipt of Notice of Award.

3. Commence work within seven days after written Notice to Proceed of this bid.

B. If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required Bond(s), the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Contract is signed.

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C. In the event our bid is not accepted within the time stated above, the required security deposit shall be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory arrangement is made for its retention and validity for an extended period of time.

1.4 CONTRACT TIME

A. If this Bid is accepted, we will:

1. Substantially Complete the Work by August 16, 2024.

1.5 ADDENDA

A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Sum.

B. __________________________________________________

C. __________________________________________________

D. __________________________________________________

E. __________________________________________________

1.6 BID FORM SUPPLEMENTS

A. We agree to submit the following Supplements to Bid Forms if requested by the Architect within 48 hours after submission of this bid for additional bid information:

1. Schedule of Values: Include the names of all Subcontractors and the portions of the Work they will perform.

1.7 BID FORM SIGNATURE(S)

A. The Corporate Seal of

2. (Bidder - print the full name of your firm)

B. was hereunto affixed in the presence of:

2. (Authorized signing officer, Title)

C. (Seal)

2. (Authorized signing officer, Title)

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D. IF THE BID IS A JOINT VENTURE OR PARTNERSHIP ADD ADDITIONAL FORMS OF EXECUTION

FOR EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM OR FORMS AS

ABOVE.

END OF DOCUMENT 00 4100

PROJECT NO. 23186 SUBSTITUTION DURING PROCUREMENT REQUEST FORM

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SECTION 00 4325 - SUBSTITUTION DURING PROCUREMENT REQUEST FORM

1.1 INTRODUCTORY INFORMATION

A. Date: _________________________

B. Requesting substitution of _______________________________________________

C. As specified in Section ___________________

D. Requested Substitute Product: ______________________________________________

1.2 SUBMITTING PARTY’S STATEMENT

A. Circle “Y” for yes and “N” for no for each of the following statements and submit supporting data. Indicate impact for all statements below answered as no, with supporting data:

1. [Y] [N] Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations.

2. [Y] [N] Requested substitution does not require extensive revisions to the Contract Documents.

3. [Y] [N] Requested substitution is consistent with the Contract Documents and will produce indicated results.

4. [Y] [N] Substitution request is fully documented and properly submitted in accordance with

“Product Substitution” and “Submittals” Articles in Division 01 Section “Product Requirements.”

5. [Y] [N] Requested substitution will not adversely affect Contractor's Construction Schedule.

6. [Y] [N] Requested substitution has received necessary approvals of authorities having jurisdiction.

7. [Y] [N] Requested substitution is compatible with other portions of the Work.

8. [Y] [N] Requested substitution has been coordinated with other portions of the Work.

9. [Y] [N] Requested substitution provides specified warranty.

B. I hereby certify that the above statements are true.

C. ________________________________________________________ D. Submitter’s signature

END OF DOCUMENT 00 4325

PROJECT NO. 23186 FAMILIAL STATEMENT OF DISCLOSURE

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SECTION 00 4518 - FAMILIAL STATEMENT OF DISCLOSURE

1.1 THE PROJECT AND THE PARTIES:

A. TO: Portage Public Schools

B. FOR: Portage West Middle School Servery Remodel – Bid Package #2

C. SUBMITTED BY: (Bidder to enter name)

1. Bidder's Full Name __________________________________________

1.2 REPRESENTATION

A. Affiant, "the Bidder," has personal knowledge of the matters set forth in this Affidavit, is competent to testify about them, and being first duly sworn, deposes and says that:

a. No officer or employee of the Owner is personally or financially interested, directly or indirectly, in the Bid, or any Contract which may be under it, or in the purchase or sale of any materials, equipment or supplies for the Work to which it relates, or any portion of any expected profits thereto. In compliance with Michigan Public Act 232 of 2004, any familial relationship that exists between the Owner or any employee of the Bidder and any member of the Owner's Board of Directors is disclosed below. If no familial relationship exists, write "none."

B. ________________________________________________________________________

C. ________________________________________________________________________

a. The Bid is not intended to secure an unfair advantage or benefit from the Owner or in favor of any person interested in the proposed Contract.

D. By:

2. (Authorized signing officer, Title)

PROJECT NO. 23186 FAMILIAL STATEMENT OF DISCLOSURE

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1.3 VERIFICATION

A. STATE OF MICHIGAN

B. COUNTY OF ____________________

C. Before me, a Notary Public commissioned, qualified and acting, personally appeared (enter name of the person signing this Affidavit) ________________________________ to me well known to be the person described in and who signed this Noncollusion Affidavit, who being by me first duly sworn upon oath, says that he/she is the Attorney-in-Fact for (enter Bidder's name) _______________________________ - ____________________________________________________________, that he/she has been authorized by (enter name of individual, partnership name, or the authorized governing body of the Bidder) _____________________________________ to execute this Noncollusion Affidavit on behalf of the named Bidder in favor of the Owner, for the uses and purposes mentioned.

D. Subscribed and sworn to before me this _____ day of ____________________, 20______.

E. ____________________________________________ F. Notary Public, State of Michigan

G. My Commission expires: _______________, 20___

END OF DOCUMENT 00 4518

PROJECT NO. 23186 NONCOLLUSION AFFIDAVIT

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SECTION 00 4519 - NONCOLLUSION AFFIDAVIT

1.1 THE PROJECT AND THE PARTIES:

A. TO: Portage Public Schools

B. FOR: Portage West Middle School Servery Remodel – Bid Package #2

C. SUBMITTED BY: (Bidder to enter name)

1. Bidder's Full Name __________________________________________

1.2 REPRESENTATION

A. Affiant, "the Bidder," has personal knowledge of the matters set forth in this Affidavit, is competent to testify about them, and being first duly sworn, deposes and says that:

a. The Bidder has submitted to the Owner a "Bid" to enter into the above referenced Contract, also referred to in this Affidavit as "the Work."

b. This Noncollusion Affidavit is executed by Affiant for inclusion with the submission to the Owner of the Bid and may be relied upon by the Owner in considering the Bid.

c. Affiant is fully informed about the preparation and contents of the Bid and of all pertinent circumstances surrounding the Bid, has not entered into any contract, combination, conspiracy or other act prohibited by federal, State or any other local Law. The Bid is genuine and is not a collusive or sham Bid.

d. Neither the Bidder nor any of the Bidder 's owners, officers, partners, directors, agents, representatives, employees or parties in interest, including this Affiant, have in any way entered or proposed to enter into any combination to prevent the making of any Bid, or to fix any prices (including overhead, profit or other costs) for the Bid; or have made any agreement, or given or promised any consideration to induce any other person not to Bid for the Work, or to Bid at a specified price; or have secured, proposed or intended to secure through any agreement an unlawful advantage against the Owner or any other person interested in the Work.

e. No officer or employee of the Owner is personally or financially interested, directly or indirectly, in the Bid, or any Contract which may be under it, or in the purchase or sale of any materials, equipment or supplies for the Work to which it relates, or any portion of any expected profits thereto. In compliance with Michigan Public Act 232 of 2004, any familial relationship that exists between the Owner or any employee of the Bidder and any member of the Owner's Board of Directors is disclosed below. If no familial relationship exists, write "none."

B. ________________________________________________________________________

C. ________________________________________________________________________

a. The Bid is not intended to secure an unfair advantage or benefit from the Owner or in favor of any person interested in the proposed Contract.

b. The prices bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of the Bidder's

PROJECT NO. 23186 NONCOLLUSION AFFIDAVIT

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owners, officers, partners, directors, agents, representatives, employees or parties in interest, including this Affiant; and neither the Bidder nor any of its owners, officers, partners, directors, agents, representatives, employees or parties in interest, including this Affiant, have divulged any information regarding the Bid or any data about the Bid to any other person.

D. By:

2. (Authorized signing officer, Title)

1.3 VERIFICATION

A. STATE OF MICHIGAN

B. COUNTY OF ____________________

C. Before me, a Notary Public commissioned, qualified and acting, personally appeared (enter name of the person signing this Affidavit) ________________________________ to me well known to be the person described in and who signed this Noncollusion Affidavit, who being by me first duly sworn upon oath, says that he/she is the Attorney-in-Fact for (enter Bidder's name) _______________________________ - ____________________________________________________________, that he/she has been authorized by (enter name of individual, partnership name, or the authorized governing body of the Bidder) _____________________________________ to execute this Noncollusion Affidavit on behalf of the named Bidder in favor of the Owner, for the uses and purposes mentioned.

D. Subscribed and sworn to before me this _____ day of ____________________, 20______.

E. ____________________________________________ F. Notary Public, State of Michigan

G. My Commission expires: _______________, 20___

END OF DOCUMENT 00 4519

PROJECT NO. 23186 GOVERNMENTAL CERTIFICATIONS

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SECTION 00 4546 - GOVERNMENTAL CERTIFICATIONS

1.1 CERTIFICATION OF COMPLIANCE - IRAN ECONOMIC SANCTIONS ACT

A. The undersigned, the owner, or authorized officer of the below-named company (the “Company”), pursuant to the compliance certification requirement provided in the Portage Public School’s Request For Proposal (the “RFP”), hereby certifies, represents, and warrants that the Company (which includes 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 the Company is awarded a contract by the Portage Public Schools as a result of the aforementioned RFP, the Company is not and will not become an “Iran Linked Business” at any time during the course of performing any services under the contract.

B. The Company 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 two (2) times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the Portage Public Schools 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.

C. This certificate is to be filled out, signed, and submitted at the time of the submittal.

D. _________________________________________________________________________________ E. Company Name

F. _________________________________________________________________________________ G. Authorized Representative’s Name and Title

H. _________________________________________________________________________________ I. Signature J.

K. _________________________________________ L. Date

END OF DOCUMENT 00 4546

PROJECT NO. 23186 BIDDER’S CERTIFICATION REGARDING RESPONSIBILITY MATTERS

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SECTION 00 4553 - BIDDER’S CERTIFICATION REGARDING RESPONSIBILITY MATTERS

1.1 THE PROJECT AND THE PARTIES:

A. TO: Portage Public Schools (the Owner)

1. 8107 Mustang Drive

2. Portage, Michigan 49002

1.2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBIITY

MATTERS

A. The Bidder certifies to the best of its knowledge and belief that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

b. Have not, within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated above in this certification.

d. Have not, within a three-year period preceding this agreement had one of more public transactions (Federal, State, or local) terminated for cause or default.

e. Is not now or has been, within a three-year period preceding this date, been listed on the Excluded Parties List System website (EPLS).

B. SUBMITTED BY: (Bidder to enter name)

1. Bidder's Full Name __________________________________________

2. A Corporation organized and existing under the laws of the State of

1.3 Name, title, and signature of individual authorized to execute contracts:

1. Name __________________________________________

2. Title __________________________________________

3. Signature __________________________________________

END OF DOCUMENT 00 4553

PROJECT NO. 23186 SUBSTITUTION DURING CONSTRUCTION REQUEST FORM

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SECTION 00 6325 - SUBSTITUTION DURING CONSTRUCTION REQUEST FORM

1.1 INTRODUCTORY INFORMATION

A. Date: _________________________

B. Requesting substitution of _______________________________________________

C. As specified in Section ___________________

D. Requested Substitute Product: ______________________________________________

1.2 SUBMITTING PARTY’S STATEMENT

A. Circle “Y” for yes and “N” for no for each of the following statements and submit supporting data. Indicate impact for all statements below answered as no, with supporting data:

1. [Y] [N] Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Owner's additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations.

2. [Y] [N] Requested substitution does not require extensive revisions to the Contract Documents.

3. [Y] [N] Requested substitution is consistent with the Contract Documents and will produce indicated results.

4. [Y] [N] Substitution request is fully documented and properly submitted in accordance with

“Product Substitution” and “Submittals” Articles in Division 01 Section “Product Requirements.”

5. [Y] [N] Requested substitution will not adversely affect Contractor's Construction Schedule.

6. [Y] [N] Requested substitution has received necessary approvals of authorities having jurisdiction.

7. [Y] [N] Requested substitution is compatible with other portions of the Work.

8. [Y] [N] Requested substitution has been coordinated with other portions of the Work.

9. [Y] [N] Requested substitution provides specified warranty.

B. I hereby certify that the above statements are true.

C. ________________________________________________________ D. Submitter’s signature

1.3 CONTRACTOR’S STATEMENT

A. I have reviewed this substitution request and am in agreement with the information presented and statements made. This proposal is complete, and there will be no further charges to the Owner as a result of the acceptance of this substitution.

B. ________________________________________________________ C. Contractor’s signature

END OF DOCUMENT 00 6325

PROJECT NO. 23186 GENERAL CONDITIONS

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SECTION 00 7200 - GENERAL CONDITIONS

1.1 FORM OF GENERAL CONDITIONS

A. AIA Document A201, General Conditions of the Contract for Construction, 2007 Edition, is the General Conditions between the Owner and Contractor.

B. Refer to this document for pertinent information. Failure to consult this document shall not relieve the contractor of his obligations therein. Copies of this document may be viewed at the office of the Architect, and may be purchased at the following location:

a. AIA Michigan

b. 4219 Woodward Avenue

c. Detroit, MI 48201

d. (313) 965-4100

1.2 SUPPLEMENTARY CONDITIONS

A. Refer to Document 00 7300 for amendments to these General Conditions.

END OF DOCUMENT 00 7200

PROJECT NO. 23186 SUPPLEMENTARY CONDITIONS

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SECTION 00 7300 - SUPPLEMENTARY CONDITIONS

INTENT

1.1 These Supplementary Conditions amend and supplement the General Conditions AIA A201 - 2007 defined in Document 00 7200 and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect.

1.2 The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.

A. MODIFICATIONS TO AIA A 201

B. ARTICLE 1 – GENERAL PROVISIONS

1.3 1.1 BASIC DEFINITIONS

1.4 Make the following changes to subparagraph 1.1.1:

A. 1.1.1 In the first sentence, replace the phrase "Conditions of the Contract" with the phrase "Contracting Requirements."

1.5 Add the following paragraph 1.1.9:

A. 1.1.9 The Project Manual is a volume assembled for the Work which may include Procurement Requirements, Contracting Requirements, and Specifications.

1.6 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

1.7 Add the following clause to Subparagraph1.2.1

1. .1 Indicated results shall include those that can be reasonably inferred from the Contract Documents, whether expressly stated or not.

1.8 Add the following subparagraph to Paragraph 1.2:

A. 1.2.4: In the case of an inconsistency between Drawings and Specifications, or within either Document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Architect's interpretation.

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B. ARTICLE 3 – CONTRACTOR

1.9 3.4 LABOR AND MATERIALS

1.10 Add the following subparagraphs to Paragraph 3.4:

A. 3.4.4: After the Contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified only under the conditions set forth in the General Requirements of the Specifications (Division 01).

B. 3.4.5: By making requests for substitutions based on Subparagraph 3.4.4 above, the Contractor:

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

2. .2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified;

3. .3 certifies that the cost data presented is complete and includes all related costs under this Contract but excludes costs under separate Contracts, and excludes the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and

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

C. 3.4.6: Not later than 30 days from the Contract Date, the Contractor shall provide a list showing the name of the manufacturer proposed to be used for each of the principle products called for in the Specifications, and where applicable, the name of the installing Subcontractor.

1. .1 The Architect will promptly reply in writing to the Contractor stating whether the Owner or the Architect, after due investigation, has reasonable objection to any such proposal. If adequate data on any proposed manufacturer or installer is not available, the Architect may state that action will be deferred until the Contractor provides further data. Failure of the Owner or the Architect to reply promptly shall constitute notice of no reasonable objection. Failure to object to a manufacturer shall not constitute a waiver of any of the requirements of the Contract Documents, and all products furnished by the listed manufacturer must conform to such requirements.

D. 3.4.7: The Owner’s cost for Architect’s services, at Architect’s normal billing rates, for review of substitution requests shall be deducted from the Contract Amount regardless of Architect’s recommendation of acceptance or rejection of the substitution.

1.11 3.6 TAXES

1.12 Add the following subparagraph to Paragraph 3.6:

A. 3.6.2: The Owner is a nonprofit corporation and therefore is exempt from State Sales and Use Tax and Federal Excise Taxes. However, the Contractor is responsible for the payment of any tax obligation it may incur in connection with the Work of this Project.

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1.13 3.12 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

A. Add the following subparagraph 3.12.11 to Paragraph 3.12:

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

1.14 3.18 INDEMNIFICATION

1.15 Make the following changes in Subparagraph 3.18.1:

A. 3.18.1: In the first sentence, after the words ". . . or resulting from", insert the words "or in connection with".

After the words "damage, loss or expense is", delete the phrase beginning with "attributable to . . ." and ending with ". . . regardless of whether or not such claim, damage, loss or expense is". In the second sentence, after the words ". . . of indemnity", insert the words "or contribution".

1.16 Add the following subparagraphs to Paragraph 3.18:

A. 3.18.3 "Claims, damages, losses and expenses" as these words are used in this agreement shall be construed to include, but not be limited to (1) injury or damage consequent upon the failure of or use or misuse by the Contractor, his subcontractors, agents, servants or employees, of any hoist, rigging, blocking, scaffolding, or any and all other kinds of items of equipment, whether or not the same be owned, furnished or loaned by the Owner; and (2) all attorney's fees and costs incurred in bringing an action to enforce the provisions of this indemnity or any other indemnity contained in the General Conditions, as modified by the Supplementary Conditions.

B. 3.18.4: Only to the extent prohibited by law, the obligations of the Contractor under this agreement shall not extend to the liability of the Owner, Architect, their agents or employees, arising out of their negligence.

C. ARTICLE 4 – ARCHITECT

1.17 4.1 GENERAL

1.18 Add the following clause to subparagraph 4.1.1:

1. .1: The terms Architect and Architect/Engineer as defined here and used in the Contract Documents shall mean Tower Pinkster Titus Associates, Inc.

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1.19 4.2 ADMINISTRATION OF THE CONTRACT

1.20 Add the following clause 4.2.2.1 to subparagraph 4.2.2:

1. .1 The Owner’s cost for Architect’s services, at Architect’s normal billing rates, for amounts paid to the Architect for site visits made necessary by the fault of the Contractor or by defects and deficiencies in the Work.

B. Add the following clause 4.2.7.1 to subparagraph 4.2.7

1. .1 In no case will the Architect’s review period on any submittal be less than 14 days after receipt of the submittal from the Contractor.

1.21 Add the following clause 4.2.14.1 to subparagraph 4.2.14:

1. .1 The Owner’s cost for Architect’s services, at Architect’s normal billing rates, in responding to requests of the Contractor shall be deducted from the Contract Amount if the intent of the documents is clear in the opinion of the Architect, or if the request for information contains a request for substitution.

B. ARTICLE 7 – CHANGES IN THE WORK

1.22 7.2 CHANGE ORDERS

1.23 Add the following Subparagraph 7.2.2:

A. 7.2.2: Adjustments to the Contract Sum shall be based on the Contractor's direct cost plus overhead and profit.

B. 7.2.3: Contractor's direct cost shall be determined in accordance with Subparagraph 7.3.6.

1. .1: All proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts.

Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving more than $100.00 be approved without such itemization.

C. 7.2.4: Combined overhead and profit included in the total cost to the Owner shall be based on the following schedule:

1. .1: For the Contractor, for Work performed by the Contractor's own forces, 15 percent of the cost.

2. .2: For the Contractor, for Work performed by the Contractor's Subcontractor, 5 percent of the amount due to the Subcontractor.

3. .3: For each Subcontractor or Sub-subcontractor involved, for Work performed by that

Subcontractor or Sub-subcontractor's own forces, 15 percent of the cost.

4. .4: For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontractor's, 5 percent of the amount due to the Sub subcontractor.

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D. ARTICLE 9 – PAYMENTS AND COMPLETION

1.24 9.3 APPLICATIONS FOR PAYMENT

1.25 Add the following Clauses 9.3.1.3 and 9.3.1.4 to Subparagraph 9.3.1 of 9.3:

1. .3 Until the Work is 50 percent complete, the Owner will pay 90 percent of the amount due the Contractor on account of progress payments. At the time the work is 50 percent complete and thereafter, if the manner of completion of the Work and its progress are and remain satisfactory to the Architect and in the absence of other good and sufficient reasons, the Architect will (on presentation by the Contractor of Consent of Surety for each application) authorize any remaining partial payments to be paid in full.

2. .4 The full Contract retainage may be reinstated if the manner of completion of the Work and its progress do not remain satisfactory to the Architect (or if the Surety withholds its consent) or for other good and sufficient reasons.

1.26 Add the following Clause 9.3.1.3 to Subparagraph 9.3.1 of 9.3:

1. .3 Until the Work is Substantially Complete, the Owner will pay 90 percent of the amount due the Contractor on account of progress payments.

B. ARTICLE 11 – INSURANCE AND BONDS

1.27 11.1 CONTRACTOR'S LIABILITY INSURANCE

1.28 Add the following Clauses 11.1.1.9 and 11.1.1.10 to 11.1.1:

1. .9 Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis including:

a. A. Premises Operations (including X, C, and U coverages as applicable).

b. B. Independent Contractor Protective.

c. C. Products and Completed Operations.

d. D. Personal Injury.

e. E. Contractual, including specified provision for Contractor's obligation under Par. 3.18.

f. F. Owned, non-owned and hired motor vehicles.

g…