25-0415 Div 0_Procurement & Contracting Requirements_OVEE Secured Vestibule (combined).pdf

ORCHARD VIEW SCHOOLS

35 S. SHERIDAN DRIVE

MUSKEGON, MICHIGAN 49442

PROJECT MANUAL

Division 0 (Procurements & Contracting Requirements):

Orchard View Early Elementary (OVEE) – Secured Vestibule

Orchard View Early Elementary

2820 MacArthur Road

Muskegon, MI 49422

PREPARED FOR:

ORCHARD VIEW PUBLIC SCHOOLS

35 South Sheridan Drive

Muskegon, MI 49442

ARCHITECT:

Colliers Engineering & Design

560 5TH ST. NW Suite 305

Grand Rapids, MI 49504

PROJECT NO#:

25004490A – Orchard View Early Elementary (OVEE) – Secured Vestibule

April 16, 2025 – Issued for BIDS AND PERMITS (documents dated April 11, 2025)

THIS DOCUMENT HAS BEEN PREPARED BY COLLIERS ENGINEERING & DESIGN AS AN

INSTRUMENT OF SERVICE, AND COLLIERS ENGINEERING & DESIGN SHALL RETAIN ALL

COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE

COPYRIGHT THERETO.

Orchard View Early Elementary

760-1850

Cardinal Elementary 760-1700

OV Middle School

760-1500

OV High School 760-1400

Central Office 231-760-1300

OV Community Ed

760-1350 file:///C:/Documents%20and%20Settings/bidwellkim/Local%20Settings/holmenc/football/nfl/teams/cardinals/

Orchard View Schools

OVEE Secured Vestibule

April 11, 2025

TABLE OF CONTENTS 000110 - 1

VOLUME 1

Division 0 thru 1 – Applicable to all contracts

DIVISION 0 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000110 TABLE OF CONTENTS

000115 LIST OF DRAWING SHEETS

002112B INSTRUCTIONS TO BIDDERS

002112C GENERAL CONDITIONS

002600 PROCUREMENT SUBSTITUTION PROCEDURES

004313 BOARD OF EDUCATION POLICY

• AFFIDAVIT OF BIDDER

• NON-DISCRIMINATION IN EMPLOYMENT CERTIFICATION

• AFFIDAVIT OF BIDDER – NON-COLLUSION

• IRAN ECONOMIC SANCTIONS

• BID FORM

DIVISION 1 - GENERAL REQUIREMENTS

011000 SUMMARY

012500 SUBSTITUTION PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIRMENTS

014200 REFERENCES

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017700 CLOSEOUT PROCEDURES

017823 OPERATION AND MAINTENANCE DATA

017839 PROJECT RECORD DOCUMENTS

017900 DEMONSTRATION AND TRAINING

024116 SELECTIVE DEMOLITION

LIST OF DRAWING SHEETS 000115 - 1

DOCUMENT 000115 - LIST OF DRAWING SHEETS

1.1 LIST OF DRAWINGS

A. Drawings: Drawings consist of the Contract Drawings and other drawings listed on the Drawing

Index separately bound drawing set titled Orchard View Early Elementary (OVEE) Secured

Vestibule _BIDS & PERMITS, dated April 11, 2025.

1. The applicable drawings for each Contract are as noted on the Drawing Index.

B. The drawings for related contracts are listed on the Title Sheet for reference. Examine the drawings for related contracts to ascertain the relationship of the Work to the related contracts.

END OF DOCUMENT 000115

INSTRUCTIONS TO

BIDDERS

INSTRUCTIONS TO BIDDERS 002112B - 1

INSTRUCTIONS TO BIDDERS

EXAMINATION OF DOCUMENTS

Carefully examine and be familiar with the Contract Documents (as defined in Article 1.1 of the General

Conditions).

Examine the information concerning subsurface or other latent physical conditions. It is presented in good faith but is not intended as a substitute for personal investigation, interpretations or judgment of the

Contractor.

VISIT TO THE SITE

Bidders will have an opportunity to visit the site of the work which will be coordinated through the design professional. Site addresses are as follows:

Orchard View Early Elementary

2820 MacArthur Rd

Muskegon, MI 49442

Attendance at the site visit is not mandatory but highly recommended in order to bid for the work. Contact one of the Designated Contacts listed on the Notice to Bidders at least 24 hours in advance of the site visit time to notify of your intent to attend.

Become familiar with restrictions and regulations relating to the work. Existing restrictions and regulations will not be considered as grounds for any additional cost over the Contract sum.

Contractor will be expected to assume the risk of encountering any subsurface or other latent physical condition which can be reasonably anticipated on the basis of documentary information provided by the

Municipality and from inspection and examination of the site.

RESOLUTION OF DISCREPANCIES AND AMBIGUITIES

Direct all questions regarding the intent or meaning of the drawings or specifications to the Design

Professional as noted in the Notice to Bidders. Any reply to such an inquiry, including the initial questions, will be communicated by Addendum to all bidders who have obtained drawings and specifications.

Inquiries that do not follow the above process will not be answered.

Interpretations of Contract Documents by Municipality personnel or the Design Professional are not binding.

INSTRUCTIONS TO BIDDERS 002112B - 2

PREPARATION OF BIDS

Bidders shall submit bids on the bid form attached hereto, including the Non-Collusive/Procurement

Lobbying Bidding Certification. Make no changes of any kind in the bid form phraseology, or anywhere on the bid form. Fill in all blank spaces legibly and in ink. All amounts shall be given in full in both writing and also in figures. In case of a discrepancy between the amount written in words and that given in figures, the amount written in words is binding.

When the Contract Documents require alternate price quotations, indicate the amounts to be added to or deducted from the base bid. If the work is to be performed at no change in cost, indicate the word "NONE".

Any bid which fails to indicate a sum or the word "NONE", shall be considered informal and may be rejected.

Sign the bid form in the space provided. An officer or a principal of a corporation or a partnership signing for the bidder shall print or type the legal name of the person, partnership or corporation on the line provided and place his or her signature after "SIGN BID HERE". The same procedure shall apply to the bid of a joint venture by two or more firms, except that the signature and title of an officer or a principal of each member firm of the joint venture shall be required.

Note in the spaces provided on the bid form, the Addenda, by numbers and dates, which have been received.

If no Addenda have been received, insert the word "NONE".

Use street address in addition to a Post Office Box address (if any).

BID SECURITY INFORMATION

Bid Security, in the amount of five percent (5%) of the total amount of the Bid, is required to be submitted with the bid as a guarantee that the bidder will enter into the contract if awarded, and that the bidder will furnish all required information to enter into contract within ten (10) days after receipt of notice of award.

Bid Security shall consist of a bid bond or a certified check or a bank check drawn upon a legally incorporated bank or trust company and payable to the Municipality. The bid bond must be from a Surety company approved by the State. The form of any bid bond and the surety issuing it shall be subject to the approval of the District. The Bid Security of the two lowest bidders will be returned upon the acceptance of

Performance and Payment Bonds and the execution of the Contract by the lowest bidder. The Bid

Security of all other bidders will be returned as soon as possible after the low bidder is determined.

SUBMISSION OF BID

Submit Bid Form and Bid Security in a sealed envelope.

All bids must be received at or before the time specified in the Notice to Bidders, at the place designated for bid opening.

A late bid will be considered if (1) its arrival at the place designated after the time specified can be shown by documentary or other proofs to be due to the mishandling by employees of the District and (2) that absent such mishandling, the bid would have arrived timely. Delays in the U.S. Mail or any other means of transmittal, including couriers or agents of the State, other than employees of the District will not suffice to excuse late arrival.

INSTRUCTIONS TO BIDDERS 002112B - 3

A late bid not eligible for consideration will be returned unopened with notification of the reason for its refusal.

MODIFICATION OF BID

Bid modifications by amendment may be considered on condition that:

1. The amendment arrives before the time set for the bid opening.

2. The amendment is in writing and signed by the bidder.

3. The bid, as amended, conforms in all respects with the Contract Documents.

WITHDRAWAL OF BID

A bid may be withdrawn at any time prior to the time specified for opening.

After the bid opening, a bid may not be withdrawn prior to the date that is forty-five (45) days after such bid opening. Withdrawal of bid prior to such date would be cause for forfeiture of the Security Bond.

Notwithstanding the foregoing, after the bid opening, a bidder may request the withdrawal of the bid on the ground of demonstrable mistake in accordance with Michigan General Municipal Law. Upon prompt written application, the District may conduct a hearing. Each element must be proven by clear and convincing evidence in order to justify withdrawal. The judgment of the District shall be final and conclusive. Should the judgment be against allowing withdrawal, then the failure of the Contractor to proceed would be cause for forfeiture of their Bid Security.

DISQUALIFICATION OF BIDDERS

The District reserves the right to disqualify bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder.

OPENING OF BIDS

Bids shall be opened as announced in the Notice to Bidders. Bidders or their authorized agents are invited to attend. The bids will be publicly opened.

AWARD OF CONTRACT

The Contract shall be awarded to the lowest responsible and reliable bidder as will best promote public interest unless all bids are rejected by the District.

If alternates are included in the Bidder’s bidding documents, the District reserves the right to accept or reject any or all alternates. The lowest bid will be determined by the sum of the base bid and the accepted alternates in the manner prescribed on the Bid Form.

If alternate base bids are indicated in the bidding documents, the low bid will be determined by the lowest amount bid for any of the alternate base bids.

The District reserves the right to reject any or all bids, and advertise for new bids, if in its opinion the best interest of the District will hereby be promoted. In the event that all bids are rejected, each bidder will be so

INSTRUCTIONS TO BIDDERS 002112B - 4

notified.

No later than forty-five (45) days after the bid opening, the District shall accept a bid or reject all bids.

Written notification of acceptance with the final Contract Documents shall be mailed or delivered to the selected bidder.

If the selected bidder fails to execute and return the Contract Documents without modification with the bidder's Performance and Payment Bonds and Certificate of Insurance, within ten (10) days of receipt of notification, the District shall have the right to reject the bid and select next lowest bidder. In this case, the

Bid Security of the first bidder shall be forfeited.

INFORMALITIES

Any bid which fails to conform to the requirements of the Contract Documents may be rejected.

The District may waive any informality or afford the bidder an opportunity to remedy any deficiency resulting from a minor informality or irregularity.

DETERMINATION OF CONTRACTOR'S RESPONSIBILITY

1. Contractor shall at all times during the contract term remain a responsible vendor. Contractor agrees, if requested by the District, to present evidence of its continuing legal authority to do business in the state of Michigan, its integrity, experience, ability, prior performance, and organizational and financial capacity to carry out the terms of this contract.

2. The District reserves the right to suspend any or all activities under this contract, at any time, when the

District discovers information that calls into question the responsibility of Contractor. In the event of such suspension, Contractor will be given written notice outlining the particulars of such suspension.

Upon issuance of such notice, Contractor must comply with the terms of the suspension order.

Contractual activities may resume at such time as the District issues a written notice authorizing resumption of contractual activities.

3. Notwithstanding the provision of Article 15 of the General Conditions of the contract pertaining to

Termination and Revocation, upon written notice to Contractor and a reasonable opportunity to be heard with appropriate District staff, this contract may be terminated by the District at Contractor’s expense where Contractor is determined by the District to be non-responsible. In such event, the

District may pursue available legal or equitable remedies for breach.

LIQUIDATED DAMAGES

Liquidated damages do not apply to this project

REFUND OF DEPOSIT FOR CONTRACT DOCUMENTS

Full refund of the deposit for one set of Contract Documents will be made to Bidders who return the

Contract Documents in good condition within thirty (30) days following the award of the contract or rejection of the bids covered by such Contract Documents. Non-bidders who have placed deposits for any sets of Contract Documents will be refunded fifty percent (50%) of their deposit within thirty (30) days following the award of the contract or rejection of the bids covered by the Contract Documents.

INSTRUCTIONS TO BIDDERS 002112B - 5

WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS

A policy covering the obligations of the Contractor in accordance with the Workers’ Compensation

Law and the Disability Benefits Law covering all operations under the contract, whether performed by the contractor or the subcontractor is required for all contracts. See Article 21.4 and 21.5 of the General

Conditions attached hereto. Special attention is called to the insurance requirements contained in the

Supplementary Conditions for Contracts attached to the General Conditions as Appendix A.

GENERAL

CONDITIONS

GENERAL CONDITIONS 002112E - 1

GENERAL CONDITIONS

Table of Articles

1. The Contract Documents

2. Defined Terms

3. Interpretation of the Contract Documents

4. Shop Drawings and Other Submittals

5. Schedule

6. Materials

7. Contractor’s Supervision

8. Use of Premises

9. Permits and Compliance

10. Inspection and Material Acceptance

11. Change Orders

12. Site Conditions

13. Suspension of Work

14. Time of Completion and Termination for Cause

15. Termination for Contractor’s Employment for the Convenience of the State of New York

16. Disputes

17. Statutory Requirements for the Utilization of Minority and Women Owned Business Enterprises

18. Subcontracts

19. Coordination of Separate Contracts (WICKS Projects)

20. Responsibility for Damage and Indemnification

21. Insurance

22. Occupancy Prior to Completion and Acceptance

23. Payment

24. Audits and Records

25. NA_Statutory Requirements for Restrictions on Contracts during the Procurement Process and

Disclosure of Contacts and Responsibility of Offerors

26. NA_No Assignment

27. Miscellaneous Provisions

Appendices:

Appendix – NA

GENERAL CONDITIONS 002112E - 2

ARTICLE 1 – THE CONTRACT DOCUMENTS

1.1 The “Contract Documents” are comprised of the following documents, in the following order of precedence all of which are hereby incorporated by reference and shall hereinafter be referenced as the “Contract.”

• General Conditions;

• Agreement;

• Technical Drawings;

• Instructions to Bidders;

• Notice to Bidders;

• Performance Bond;

• Payment Bond;

• All Required Forms and Certificates of Insurance;

• All Addenda issued prior to the receipt of bids;

1.2 The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, either written or oral.

1.3 The Contract may not be modified except in accordance with the General Conditions.

ARTICLE 2 – DEFINED TERMS

2.1 The following terms shall have the meanings ascribed to them in this Article, wherever they appear in the Contract Documents.

2.2 The term “Bid” means the approved prepared bid form on which the Bidder is to submit or has submitted a bid for the Project contemplated.

2.3 The term “Bidder” means any individual, firm or corporation submitting a Bid for the Project contemplated, acting directly or through a duly authorized representative.

2.4 The term “Bid Security” means the collateral in the form of a certified check, bank check or bid bond to be furnished by the Bidder as a guarantee of his or her ability to procure the minimum equipment and liquid assets specified and that Bidder shall enter a Contract with the District for the performance of the Work.

2.5 The term “Change Order” means a written order to the Contractor signed by the Contractor and the Municipality authorizing a Change in the Work or an adjustment in the Contract Sum or the

Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order.

2.6 The term “Comptroller” means the Comptroller of the State of Michigan.

2.7 The term “Contractor” means the person, firm, partnership or corporation executing the Contract or the successor or assignee of the Contractor approved in writing by the Districts Representative.

2.8 The term “Days” shall mean calendar days.

2.9 The term “GOSR” shall mean the Governor’s Office of Storm Recovery.

GENERAL CONDITIONS 002112E - 3

2.10 The term “Liquidated Damages” means the total amount of money to be assessed against the

Contractor for delay in completion of the Contract. The total amount of such damages shall not exceed the amount per day stipulated in Article 14.10 times the numbers of Days completion is delayed, unless otherwise specified in the Notice to Bidders.

2.11 The term “Material” means any approved material acceptable to the Municipality and conforming to the requirements of the Technical Specifications and Drawings. All processes and materials shall at all times be open to inspection and testing by the District and its authorized representatives.

2.12 The term “District Representative” means the representative of the District who will have general direction and supervision of the work. The District may designate any person, persons, firm, partnership or corporation to act as District Representative.

2.13 The term “District” shall mean the Lansing School District.

2.14 The term “Offerer” shall mean the individual or entity, or any employee, agent of consultant or person acting on behalf of such individual or entity that contacts a governmental entity about a governmental procurement during the restricted period of such governmental procurement.

2.15 The term “Payment Bond” is a bond guaranteeing prompt payment of monies due to all persons furnishing labor or materials to the Contractor or any Subcontractor in the prosecution of the Work provided for as set forth in State Finance Law Section 137.

2.16 The term “Performance Bond” means a written guaranty from a third-party guarantor provided to the District by Contractor upon the award of the Contract to ensure the full performance of the

Work and completion of the Project as set forth in the Contract Documents. The form of the

Performance Bond is subject to the approval of the District.

2.17 The term “Physical Completion Date” means the date upon which the Contractor and the District

Representative agree that all deficiencies noted on the final inspection report have been corrected as evidenced by the issuance of the Physical Completion Report.

2.18 The term “Physical Completion Report” means the report issued by the District Representative in which all the deficiencies in the Work are noted.

2.19 The term “Plan” or “Drawings” means an illustrated graphic that typically includes technical layout information, specification data, and details as required to facilitate the construction of an entire project or smaller unit of work.

2.20 The term “Premises” means all land, buildings, structures, or other items of any kind located around or adjacent to the Site and owned, occupied or otherwise used by the District.

2.21 The term “Project” means Work at the site carried out pursuant to one or more sets of Contract

Documents.

2.22 The term “Project Manual” means the combined Notice to Bidders, Instructions to Bidders, Bid

GENERAL CONDITIONS 002112E - 4

Forms, Agreement Form, General Conditions, Appendix A – Supplementary Conditions for

Contracts, Appendix B – Supplemental Instructions to Bidders for Participation by MWBE, the

Summary of and Implementation Guidelines for § 139-J of the State Finance Law, Other Sample

Forms, Prevailing Wage Rates, the Technical Specifications and Drawings, and the Bid, issued prior to the receipt of bids.

2.23 The term “Provide” means to furnish and install, complete, in place and ready for operation and use.

2.24 The term “Samples” are physical examples submitted by the Contractor of materials, equipment or workmanship to establish a standard, which the Contractor is required to meet.

2.25 The term “Schedule of Values” means a breakdown of the Contract Sum in tabular form that lists the dollar value of individual work items. Schedule to be provided in enough detail to facilitate evaluation of the Payment Application by the Municipality.

2.26 The term “Shop Drawings” are drawings, diagrams, illustrations, schedules, test data, performance charts, cuts, brochures and other data which are prepared by the Contractor or any

Subcontractor, manufacturer, supplier or distributor, and submitted by the Contractor and which illustrate a portion of the Work.

2.27 The term “Site” means the area within the contract limit lines as identified in the drawings, or adjacent areas designated in writing by the District. Some contracts might involve separate and distinct sites.

2.28 The term “State” means the State of Michigan.

2.29 The term “Subcontractor” means a person, firm, partnership or corporation executing a portion of the Work for the “Contractor,” who has the sole responsibility for his or her performance.

2.30 The term “Substantial Completion” means that the Work or major milestones thereof as contemplated by the terms of this Contract are sufficiently complete so that the Site can occupy or utilize the Work or designated portion thereof for the use for which it is intended.

2.31 The term “Surety” means the entity which is bound with and for the Contractor, and which is engaged to be responsible for the Contractor’s acceptable performance of the Project for which he or she has contracted and for all Labor, Performance, and Material Bonds.

2.32 The term “Technical Specifications” means the body of directions and/or requirements contained in this document, together with all documents of any description, and agreements made (or to be made), pertaining to the methods (or manner), of performing the work and quality (as shown by test records) of accepted materials to be furnished under this Contract.

2.33 The term “Work” means the total sum of labor, supervision, materials and equipment necessary for the proper completion of the Contract as set forth in the Contract Documents.

ARTICLE 3 – INTERPRETATION OF CONTRACT DOCUMENTS

3.1 The Technical Drawings are complementary, and what is called for by one shall be as binding as if called for by all. In all cases, labelled dimensions shall take precedence over scaled dimensions, and the larger scale details take precedence over smaller scale drawings. In the case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern.

GENERAL CONDITIONS 002112E - 5

3.2 Upon his or her own initiative or the Contractor's written request, the District may issue written interpretation or drawings necessary for the proper execution or progress of the work which interpretation shall be consistent with and reasonably inferable from the Contract Documents.

3.3 The language of the Contract Documents is directed at the Contractor unless specifically stated otherwise.

3.4 The organization of the Technical Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade.

3.5 In the event of conflicting provisions in the Contract Documents, the Technical Specifications shall take precedence over the Drawings.

3.6 If during the performance of the Work, the Contractor identifies a conflict in the Contract

Documents, or a variation from any applicable statute, rule or regulation, the Contractor shall promptly notify the District in writing of the conflict. The District shall promptly acknowledge the notification in writing and advise the Contractor, pursuant to Paragraph 3.2 of these General

Conditions, as to the interpretation to be followed in the performance of the Work.

ARTICLE 4 – SHOP DRAWINGS AND OTHER SUBMITTALS

4.1 Shop Drawings (see Article 2.26)

4.2 Product data are manufacturer's catalog sheets, brochures, standard diagrams, illustrations, schedules, performance charts, test data, standard schematic drawings, specifications and installation instructions.

4.3 Samples are physical examples submitted by the Contractor of materials, equipment or workmanship to establish a standard that the Contractor is required to meet.

4.4 The Contractor and the District shall adhere to the submittal and scheduling requirements for Shop

Drawings, product data and Samples set out in the Technical Specifications and Drawings.

4.5 By approving and submitting Shop Drawings and samples, the Contractor represents that the

Contractor has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data and that he or she has checked and coordinated each Shop

Drawing and Sample with the requirements of the Contract Documents.

4.6 The District’s approval of Shop Drawings, product data and Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the

Contractor has previously informed the District of the deviation in a separate writing at the time of submission and received written approval for the specific deviations. The District’s approval shall not relieve the Contractor from responsibility for errors or omissions in the shop drawings, product data or samples.

4.7 No portion of the Work requiring Shop Drawings, product data or Sample submission shall be commenced until the appropriate submission has been approved by the District.

4.8 Any portions of the Work requiring Shop Drawings, product data and Samples shall be installed in accordance with the approved Shop Drawings, product data and Samples.

GENERAL CONDITIONS 002112E - 6

ARTICLE 5 – SCHEDULE

5.1 Each Contractor shall deliver to the District and receive approval prior to commencing work, a detailed schedule concerning his or her operations upon the Project on a form acceptable to the

District, which shall indicate completion within the specified time frame, to the satisfaction of the

District.

5.2 During the term of this Agreement, the District may require any Contractor to modify any schedules which he or she has submitted either before or after they are approved so that:

(a) The Work or the Project may be properly progressed.

(b) Changes in the Work or the Work of other Contractors are properly reflected in these schedules.

ARTICLE 6 – MATERIALS

6.1 All materials, equipment and articles used permanently in the Work that become the property of the

District shall be new unless specifically stated otherwise in the Contract.

6.2 Except where specifically provided otherwise, whenever any product is specified by the name, trade name, make, model or catalog number of any manufacturer or supplier, the intent is not to limit competition, but to establish a standard of quality that the District has determined is necessary. The words "or equal" shall be deemed inserted in each instance. The Contractor may use any product equal to that named in the Contract Documents that is approved by the District and which meets the requirements of the Contract Documents provided the Contractor gives timely notice of his or her intent in accordance with the submittal and scheduling requirements.

6.3 The Contractor shall have the burden of proving at the Contractor's own cost and expense to the satisfaction of the District that the proposed product is equal to the named product. The District may establish criteria for product approval. The Municipal Representative shall determine in his or her absolute discretion whether a proposed product is to be approved.

6.4 If the Contractor fails to comply with the provisions of this Article, or if the District’s Representative determines that the proposed product is not equal to that named, the Contractor shall supply the product named.

6.5 The Contractor shall have and make no claim for the extension of time or for damages because the

District Representative requires a reasonable period of time to consider a product proposed by the

Contractor or because the District Representative disapproves such a product.

6.6 Where optional materials or methods are specified, or where “or equal” submissions are approved, the Contractor shall make all adjustments to contingent work, whether the contingent work be the

Work of its contract or the Work of another Contract, necessary to accommodate the option or “or equal” product it selects without extra or additional cost.

6.7 The Contractor shall within 48 hours remove from the Premises all materials rejected by the

District as failing to conform to the Contract, whether incorporated in the Work or not, and the

Contractor shall promptly substitute satisfactory materials in accordance with the Contract and

GENERAL CONDITIONS 002112E - 7

without expense to the District. In addition, the Contractor shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

6.8 Royalties and patents: The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall defend, indemnify and save the District harmless from loss on account thereof, except that the Municipality shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified.

6.9 Asbestos Free Materials: All materials used for construction shall be free of asbestos containing materials. If asbestos is found in installed products not previously approved by the District, then it will be the responsibility of the Contractor to abate the asbestos containing material and replace the work with new asbestos free materials at no cost to the District.

6.10 The Contractor agrees that if the value of this Contract exceeds $100,000 all structural steel, reinforcing steel and other major steel items to be incorporate in the Work of this Contract shall be produced and made in whole or substantial part in the United States, its territories or possessions.

ARTICLE 7 – CONTRACTOR'S SUPERVISION

7.1 The Contractor shall designate a competent supervisor for the Work to represent the Contractor at the site at all times with authority to act for the Contractor (“Contractor’s Representative”). The

Contractor shall notify the District in writing of the identity of the Contractor’s Representative prior to the commencement of the Work. All directions given the Contractor's Representative shall be as binding as if given to the Contractor.

7.2 Should the District deem any employee of the Contractor incompetent or negligent or for any cause unfit for his or her duty, the Contractor shall dismiss such employee and he or she shall not again be employed on the Work.

7.3 The Contractor’s use of any Subcontractor shall not diminish the Contractor’s obligations to complete the Work in accordance with the Contract. The Contractor shall control and coordinate the Work of its Subcontractors.

7.4 The Contractor shall be responsible for informing its Subcontractors and suppliers of all the terms, conditions and requirements of the Contract Documents.

ARTICLE 8 – USE OF PREMISES

8.1 If the Premises are occupied, the Contractor, the Contractor's Subcontractors and their employees shall comply with the regulations governing access to, operation of, and conduct while in or on the

Premises and shall perform the Work in such a manner as not to unreasonably interrupt or interfere with the conduct of business.

8.2 The Contractor, the Contractor's Subcontractors and their employees shall not have access to or be admitted into any area of the Premises outside the Site except with the written permission of the

District.

GENERAL CONDITIONS 002112E - 8

ARTICLE 9 – PERMITS AND COMPLIANCE WITH APPLICABLE LAWS

9.1 The Contractor shall obtain, maintain and pay for all permits and licenses legally required and shall give all notices, pay all fees, and comply with all laws, rules and regulations applicable to the Work at no additional cost.

9.2 Contractor shall comply with all federal and state laws, codes and regulations applicable to the conduct of the activities authorized by this Contract.

9.3 If, in carrying out this Work, a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Industrial Board of Appeals, then the

Contractor shall install, maintain and effectively operate such appliances and methods during the life of this Contract.

9.4 In accordance with Worker’s Compensation Law (WCL) §141-b (Suspension and Debarment), any person subject to a final assessment of civil fines or penalties or a stop- work order, or that has been convicted of a misdemeanor for a violation of WCL §§ 26 (Enforcement of Payment in Default), 52

(Effect of Failure to Secure Compensation) or 131 (Payroll Records), and any substantially-owned affiliated entity of such person, shall be ineligible to submit a bid on or be awarded any such public work contract or subcontract with the State, any municipal corporation or public body for a period of one (1) year from the final determination or conviction. Any person convicted of a felony under

Article 8 (Administration) of the WCL, or a misdemeanor under WCL §§125 (Job Description

Prohibited Based on Prior Receipt of Benefits) and 125-a (Civil Enforcement) shall be ineligible to submit a bid or be awarded any public work contract or subcontract with the State, any municipal corporation or public body for a period of five (5) years from such conviction.

9.5 During the term of this Contract, the Contractor agrees to report any observed or suspected illegal activity of its employees, agents or other third parties, to the District, GOSR, the State Inspector

General or other law enforcement agency. Failure to report criminal conduct associated with a contract awarded by the District, shall be considered a material breach of this Contract and may provide grounds for disqualification of the subject Contractor or Subcontractor for award of future contracts. The Contractor shall include the provisions of this section in every subcontract, in such a manner that the provisions will be binding upon each Subcontractor as to work performed in connection with this Contract.

ARTICLE 10 – INSPECTION AND MATERIAL ACCEPTANCE

10.1 The District will inspect and test the Work at reasonable times at the Site, unless the District determines to make an inspection or test at the place of production, manufacture or shipment. Such inspection or test shall be conclusive as to whether the material and workmanship inspected or tested conforms to the requirements of the Contract. Such inspection or test shall not relieve the

Contractor of responsibility for damage to or loss of the material prior to acceptance. Conducting inspections or tests shall not diminish the District the right to reject the completed Work. The

Contractor shall, without charge, promptly correct any Work the District determines does not conform to the Contract Documents unless in the public interest the District consents to accept such

Work with an appropriate adjustment in the Contract price. The Contractor shall promptly remove rejected material from the Premises.

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10.2 If the Contractor does not promptly correct rejected Work including the Work of another contractor or Subcontractor destroyed or damaged by removal, replacement, or correction, the District

Representative may (1) correct such Work and charge the cost thereof to the Contractor; or (2) terminate the Contract in accordance with Article 15 of General Conditions.

10.3 The Contractor shall furnish promptly, without additional charge, all facilities, labor, material and equipment reasonably needed to perform in a safe and convenient manner such inspections and tests, as the District Representative requires.

10.4 The Contractor shall keep the District Representative informed of the progress of the Work and particularly when the Contractor intends to cover Work not yet inspected or tested. All inspection and tests by the District Representative shall be performed in such manner as not to unreasonably delay the Work. The Contractor shall be charged with any additional cost of inspection when the

Work is not ready at the time specified by the District Representative for inspection.

10.5 Should the District Representative determine at any time before acceptance of the entire Work to examine Work already completed by removing, uncovering or testing the same, the Contractor shall, on request, promptly furnish all necessary facilities, labor, materials and equipment to conduct such inspection, examination or test. If such Work is found to be defective or nonconforming in any material respect, the Contractor shall defray all the expenses of such examination and satisfactory reconstruction. If the Work is found to meet the requirements of the Contract Documents, the

District Representative shall compensate the Contractor for additional services involved in such examination and reconstruction. If completion of the Work has been delayed, the contractor may request a suitable extension of time.

10.6 No previous inspection or certificates of payment shall relieve the Contractor from the obligation to perform the Work in accordance with the Contract Documents.

10.7 The Contractor shall remedy all defects, and pay for the cost of any damage to other Work resulting therefrom, notice of which shall have been provided within a period of one year from the Physical

Completion Date in accordance with the General Conditions.

ARTICLE 11 – CHANGE ORDERS

11.1 The District may make changes by altering, adding to or deducting from the Work, and adjusting the Contract price accordingly. All changes to the Work shall be executed in conformity with the terms and conditions of the Contract Documents unless otherwise provided in the Order on

Contract. Any change in the Contract sum or time for completion shall be adjusted prior to issuing the Order on Contract.

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11.2 No written or oral instructions shall be construed as directing a change in the Work unless in the form of an Order of Contract signed by the District and the Contractor. The Order of Contract shall describe or enumerate the Work to be performed and state the price to be added to or deducted from the Contract sum. If the extent or cost of the Work is not determinable until after the changed Work is performed, the Order on Contact shall specify the method for determining the cost and extent of the changed Work when completed. If the Contractor disagrees as to any element of the Order on Contract, the Contractor shall indicate the disagreement in writing on the face of the Order on Contract and promptly proceed in accordance with the Order on

Contract.

11.3 If the Contractor is directed to perform Work for which the Contractor believes he or she is entitled to an Order of Contract, the Contractor shall give the District Representative prompt written notice and await instructions before proceeding to execute such Work. The District

Representative may order the Contractor to execute the Work and proceed under the Disputes

Clause.

11.4 The value of any Order of Contract shall be determined by one or more of the following methods:

(a) By acceptance of prices negotiated or established based on estimated cost plus overhead and profit as applicable.

(b) By Prices specifically named in the Technical Specifications or Bid Form.

(c) By acceptance of agreed unit prices based on estimated cost plus overhead and profit as applicable.

(d) By estimate of the actual cost of labor and materials plus overhead and profit, cost to be determined as the work progresses.

(e) By actual cost of labor and materials plus overhead and profit, cost to be determined as the work progresses.

(f) By estimate of the value as deducible from the approved detailed estimate.

11.5 Overhead shall be defined as an allowance to compensate for all costs, charges and expenses, direct or indirect, except for the actual cost of labor and materials as defined by paragraph 11.6.

Overhead shall be considered to include, but not limited to insurance (other than as mentioned in paragraph 11.6) bond or bonds, field and office supervisors and assistants above the level of foreman, use of small tools and minor equipment, incidental job burdens, general office expenses, etc.

11.6 Actual cost of labor and material shall be defined as the amount paid for the following costs, to the extent determined reasonable and necessary:

(a) Cost of materials delivered to the job site for incorporation into the Contract Work. The value of any material removed and disposed of by the Contractor shall be a credit to the District.

(b) Wages paid to workers and foreman and wage supplements paid to labor organizations in accordance with current labor agreements.

(c) Premiums or taxes paid by the Contractor for Worker’s compensation insurance, unemployment insurance, FICA tax and other payroll taxes as required by law, net of actual

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and anticipated refunds and rebates.

(d) Sales taxes paid as required by law.

(e) Allowance for use of construction equipment (exclusive of hand tools and minor equipment), as approved for use by the District Representative.

i. Rented equipment will be paid for at the actual rental cost.

ii. Gasoline, oil and grease required for operation and maintenance will be paid for at the actual cost.

iii. When, in the opinion of the Contractor, and as approved by the District Representative, suitable equipment is not available on the site, the moving of said equipment to and from the site will be paid for at actual cost.

iv. Self-owned equipment, including equipment rented from controlled or affiliated companies. The rate on self-owned equipment used for periods of under five (5) days will be an hourly rate established by taking any published rate which is mutually acceptable to the Contractor and the District Representative and determining an hourly rate on the basis of twenty-two (22) days per month and eight hours per day. Equipment used for periods of five (5) days or more will be billed at a rate equal to forty-five percent (45%) of the monthly rate. In the alternative, the District Representative may approve for reimbursement a rate representing the allocable costs of ownership.

11.7 Regardless of the method used to determine the value of any Order of Contract, the Contractor will be required to submit evidence satisfactory to the District Representative to substantiate each and every item that constitutes his or her proposal of the value of the change. The amounts allowed for overhead and profit shall not exceed the applicable percentages as established in the two following paragraphs.

11.8 If the work is done directly by the Contractor, overhead in an amount of ten percent (10%) may be added if method (a), (c), (d) or (e) is used, and to the cost of the labor and materials plus overhead there may be added ten percent (10%) for profit. The percentages for overhead and profit may vary accordingly to the nature, extent and complexity of the Work involved, but in no case shall exceed the percentages set forth in this paragraph and in paragraph 11.9. No percentages for overhead and profit will be allowed on payroll taxes or on the premium portion of overhead pay.

11.9 If the Work is done by a subcontractor, subcontractor’s overhead in the amount of five percent (5%) may be added to the cost of labor and materials if method (a), (c), (d), and (e) is used and to the cost of labor and materials plus overhead there may be added ten percent (10%) for the subcontractor’s profit. No percentage for overhead and profit will be allowed on payroll taxes or on the premium portion of overtime pay. However, to the extent that the aggregate dollar value of

Orders on Contract exceeds $75,000, the ten percent (10%) overhead applied to total costs of labor and materials incurred by the prime Contractor shall be reduced to five percent (5%). In addition, on all individual Orders of Contract in excess of $75,000, the overhead shall be no more than five percent (5%) of the total actual cost of labor and materials incurred by the Contractor, and the combined Contractor’s overhead and profit allowance applied to subcontract billings shall be no more than five percent (5%).

11.10 The District Representative shall determine by which of the foregoing methods of value of any changes shall be computed.

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11.11 In computing the value of an Order on Contract which involved additions and deductions of Work and the added Work exceeds the omitted Work, overhead and profit shall be computed on the amount by which the cost of additional labor material exceeds the cost of the omitted labor and material, except no additional overhead and profit shall be allowed on value of work determined by method (b).

11.12 In computing the value of an Order of Contract which involves deductions and additions of Work and the omitted work exceeds the added Work, the Contractor will be allowed to retain the overhead and profit on the amount by which the omitted Work exceeds the added Work, except that no overhead and profit shall be retained on value of Work determined by method (b).

11.13 The Contractor may retain overhead and profit on an Order of Contract which involved deductions only, except that no overhead and profit shall be considered on value of Work determined by method (b).

ARTICLE 12 – SITE CONDITIONS

12.1 If the Contractor encounters subsurface or other latent physical conditions at the Site which differ substantially from those shown, described or indicated in such information provided in the

Contract Documents or from any information which is a public record and which subsurface or other latent physical condition could not have been reasonably anticipated from that information or from the Contractor’s own inspection and examination of the Site, the Contractor shall give immediate written notice to the Municipal Representative before any such condition is disturbed.

The Municipal Representative shall promptly investigate and, if it is determined that the conditions substantially differ from those that should have been reasonably anticipated, shall make such changes in the Contract Documents as may be required. If necessary, the Contract sum and completion date shall be adjusted by Change Order, to reflect any increase or decrease in the cost of, or time required for, performance of the Contract.

12.2 The Contractor shall protect trees, shrubbery and other natural features or structures within the

Premises from being cut, trimmed, or injured, unless directed by the District Representative for preparing the Site for the Work. The Contractor shall prevent employees from tramping in the shrubbery and vehicles from being driven through wooded lands. When necessary, the Contractor shall protect trees adjacent to the premises in a matter satisfactory to the District Representative.

12.3 The Contractor shall provide and replant at its own expense trees, shrubbery, and other natural features destroyed or damaged. The Contractor shall conduct its operations within the Premises as directed by the District Representative.

ARTICLE 13 – SUSPENSION OF WORK

13.1 Suspension of Work: The District Representative may order the Contractor in writing to suspend, delay, or interrupt performance of all or any part of the Work for a reasonable period of time as the

District Representative, in his or her sole discretion, may determine (“Suspension Order”). The order shall contain the reason or reasons for issuance that may include but shall not be limited to the following: latent field conditions, substantial program revisions, civil unrest, and acts of God.

13.1.1 Upon receipt of a Suspension Order, the Contractor shall, as soon as practicable, cease

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performance of the Work as ordered and take immediate affirmative measures to protect such Work from loss or damage.

13.1.2 The Contractor agrees that a suspension, interruption/delay of the performance of the

Work pursuant to this Article shall not increase the cost of performance of the Work of this

Contract.

13.1.3 A Suspension Order issued by the District Representative pursuant to this Article shall have duration not to exceed thirty (30) days. If the Contractor is not directed to resume performance of the Work affected by said Suspension Order prior to the expiration of thirty

(30) days, the Contract may be terminated for the convenience of the District and the

Contractor shall be reimbursed as provided by Article 15.

13.2 Stop Work Orders: If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the District Representative may order

Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the District Representative to stop the Work shall not give rise to any duty on the part of the District Representative to exercise this right for the benefit of

Contractor or any other party.

13.2.1 Contractor shall bear all…