BCG Project Manual - Westwood Public Schools - Exterior Door Replacement Project.pdf

BRAUN

CONSTRUCTION GROUP

Westwood Community School District

2023 Bond Program

BRAUN CONSTRUCTION GROUP, INC.

39395 W. 12 Mile Road, Suite 100 Farmington Hills, MI 48331 www.brauncg.com

(248) 848-0567 Phone

(248) 848-1039 Fax

PROJECT MANUAL

BIDDING REQUIREMENTS

Braun Construction Group Project Name: Westwood Community School District

PROJECT MANUAL 00 010-1 SECTION 00 010 - Table of Contents

SECTION 00010

PROJECT MANUAL

TABLE OF CONTENTS

(1) Introductory Information 00 001 Project Manual Cover 00 002 Project Overview 00 010 Table of Contents 00 030 Information and Identities

(2) Bidding Requirements 00 100 Advertisement for Bids 00 200 Invitation to Bid 00 220 Scopes of Work 00 400 General Trades Forms

A. Familial Disclosure Statement B. Iran Disclosure Statement C. Criminal Background Affidavit D. Bid Bond E. Payment and Performance Bonds Provided by Braun

Construction group

F. Bid Form G. Scope of Work Form (Exhibit D)

00 500 Architect’s Project Manual

(3) Subcontracting Requirements 00 600 Subcontract Agreement Form 00 610 Exhibit A Contract Documents 00 620 Exhibit B Procedures 00 630 Exhibit C Insurance Requirements 00 640 Exhibit D Scope of Work 00 650 Exhibit E Unit Pricing 00 660 Exhibit F Project Schedule

(4) SAFETY REQUIREMENTS

00 810 Site Specific Safety Program

PROJECT MANUAL 00 002-1 SECTION 00 002 – PROJECT OVERVIEW

SECTION 00002

PROJECT MANUAL

PROJECT OVERVIEW

(1) Project Overview

Location:

Westwood Community School District- 2023 Bond Program

WCSD 2024 Exterior Door Replacement Project

Project Description:

Removal and replacement of existing exterior doors throughout the district at all schools as necessary.

Main Point of Contact:

Wyatt Nedbal, Estimator wnedbal@brauncg.com

(248) 848-0567 Office

3335 S Beech Daly Road, Dearborn Heights, MI 48125

Carlie Campbell Sticky Note Accepted set by Carlie Campbell

PROJECT MANUAL 00 030-1 SECTION 00030 – Information and Identities

SECTION 00 030

INFORMATION AND IDENITIES

This Project Manual has been prepared by Braun Construction Group and contains the bidding and contract requirements for:

PROJECT:

OWNER:

ARCHITECT:

CONSTRUCTION MANAGER:

Westwood Community School District – 2023 Bond Program 3601 Janet Street Dearborn Heights, MI 48125

Westwood Community School District – 2023 Bond Program 3335 S Beech Daly Road, Dearborn Heights, MI 48125

Ghafari Associates Andrew Wieland awieland@ghafari.com

(313) 441-3000

Braun Construction Group, Inc.

39396 W. 12 Mile Road, Suite 100 Farmington Hills, MI 48331 (248)848-0567

PROJECT MANUAL 00 010-1 SECTION 00 100 – Advertisement for Bids

SECTION 00100

ADVERTISEMENT FOR BIDS

Westwood Community School District

The Board of Education of Westwood Community School District (“Owner” or “School District” will receive sealed Bids for:WCSD 2024 Exterior Door Replacement Project

Sealed Bids will be received by Stiles Simmons, the Superintendent of Westwood Community School District, at Administration Building, 3335 Beech Daly Road, Dearborn Heights, MI 48125 on or before 2:00pm (local time) on 02/26/25 (“Due Date”). The Board of Education will not consider or accept a Bid received after the Due Date, the date and time specified for Bid submission. Bids will be publicly opened and be read aloud on 02/26/25 at the Administration Building 3335 Beech Daly Road, Dearborn Heights, MI 48125.

Each Bid must be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the contractor and any member of the Board of Education or the Superintendent of Westwood Community School District . The Board of Education will not accept a Bid that does not include this sworn and notarized disclosure statement.

Each Bid must also be accompanied by a sworn and notarized statement certifying that the contractor is not an Iran Linked Business. The Board of Education will not accept a Bid that does not include this sworn and notarized statement.

Each Bid must also be accompanied by a sworn and notarized Criminal Background-Sex Offender Affidavit.

The Board of Education will not accept a Bid that does not include this sworn and notarized Affidavit.

Westwood Community School District’s Board of Education reserves the right to accept or reject any and all Bids, either in whole or in part, to waive any informalities or irregularities therein, and to award the contract to other than the bidder(s) submitting the best financial Bid (low bidder), in its sole and absolute discretion.

BCG to host non-mandatory meeting on February 13th at 10:30AM starting at Robichaud High School, 3601 Janet St., Dearborn Heights, MI 48125.

Drawings available here: https://www.brauncgplans.com#files/share/B5545CD346 wnedbal@brauncg.com

Each Bid must also be accompanied by certified check, cashier’s check, money order or bid bond made payable to the School District in an amount not less than five percent (5%) of the total bid amount(s).

All Bids shall be firm for a period of sixty (60) days after the Due Date.

Andrew Wieland, Ghafari Associates awieland@ghafari.com

Wyatt Nedbal, Braun Construction Group mailto:ebraun@brauncg.com

PROJECT MANUAL 00 010-1 SECTION 00 100 – Advertisement for Bids

Project Name: Westwood Community School District

Braun Construction Group will hold the Payment and Performance bond

Bid documents, including the Project Manual, Scope of Work, Drawing and Specifications will be made available 02/10/25 upon request to Braun per the contact info noted above.

If you have any questions, please do not hesitate to call (586) 718-5372 or email Wyatt Nedbal at wnedbal@brauncg.com

DATE: February 10, 2025

TO: Joe's Plumbing FROM: Wyatt Nedbal

Joseph P Lumber wnedbal@brauncg.com demo@email.com 248-848-0567

You are invited to submit your proposal to Braun Construction Group for Westwood Community Schools - Exterior Door Replacement in accordance with the Project Manual, Drawings, Specifications and all applicable Contract Documents.

BID DUE DATE: 02/26/2025 02:00 PM Eastern

PROJECT NAME: Westwood Community Schools - Exterior Door Replacement

PROJECT LOCATION 3335 Beech Daly

Dearborn Heights, MI 48125

PROJECT DESCRIPTION: Removal and replacement of existing exterior doors throughout the Westwood Community School District.

Existing doors are placed in masonry walls and will need to be carefully removed for replacement with new, then masonry patched back to look new. Includes new hollow metal doors and frames as well as new Aluminum doors. Specified doors will need low voltage security measures. Doors are to be bid in priority levels per school, intent is to complete all doors this summer, dependent upon final budget results.

SCOPES OF WORK:

02-050 Demolition, 04-200 Masonry, 05-580 Metal Fabrications, 07-900 Joint Sealers, 08-100 Metal & Wood Doors/Frames, 08-800 Glass & Glazing, 09-900 Painting & Wallcovering, 16-100 Electrical, 16-600 Security Systems, - - - -

ESTIMATOR: Wyatt Nedbal

BID COORDINATOR: Carlie Campbell

Exported: 2/10/2025 7:42:10 AM

Subject: Invitation to Bid from Braun Construction Group for Westwood Community Schools - Exterior Door Repla

Message:

INVITATION TO BID

PLEASE SELECT FROM THE FOLLOWING INDICATING YOUR INTENTIONS:

WILL BID WILL NOT BID UNDECIDED

VIEW DOCUMENTS

Access Key: DEMOKEY123

SUBMIT BID PROPOSAL USING THE BOX BELOW:

SUBMIT BID

Braun 39395 W. 12 Mile Road, Suite 100 | Farmington Hills, MI 48331 | Phone 248-848-0567 | Fax 248-848-1039 | www.brauncg.com

Note: This message was sent from an Automated Project Messaging System. If you do not wish to receive these emails, please contact the Sender or visit https://www.brauncgplans.com/optout to remove yourself from our system.

https://www.brauncgplans.com/rsvp/DEMOKEY123/?response=WILL%20BID https://www.brauncgplans.com/rsvp/DEMOKEY123/?response=WILL%20NOT%20BID https://www.brauncgplans.com/rsvp/DEMOKEY123/?response=UNDECIDED https://www.brauncgplans.com/rsvp/DEMOKEY123 https://www.brauncgplans.com/rsvp/DEMOKEY123 https://www.brauncgplans.com/optout

PROJECT MANUAL 00 400-1 Section 00 400 Bid Form

BID FORM

Westwood Community School District – 2023 Bond

Program Dearborn Heights, MI

Name of Bidder:

Bidder’s Address:

Phone: Fax:

Email:

The undersigned, having examined the bidding documents, including the BCG Instruction to Bidders, General Requirements, Technical Specifications and all drawings issued by G h a f a r i & Associates, for all classifications of work for these projects, and being familiar with all existing conditions affecting these projects, including availability of labor and material, hereby proposes to furnish all labor, material, tools, equipment, applicable taxes, insurance requirements, transportation or other facilities and services necessary to perform and complete the construction of the proposed work in accordance with the bid documents, as modified, augmented or supplemented by addenda, for the sum and under the condition as follows:

SCOPE OF WORK SECTION ____________________________________________________

A. BASE BID Dollars

A - Robichaud Priority 1

B - Thorne Priority

C - Tomlinson Priority 1

D - Daly - Priority 1

B. MANDATORY ALTERNATES

The bidder is required to provide Mandatory Alternates on a separate sheet of corporate letterhead, with proposed price and sufficient information that the option may be properly evaluated.

A - Robichaud Priority 2

B - Thorne Priority 2

C - Tomlinson Priority 2

D - Daly - Priority 2

Carlie Campbell Sticky Note Accepted set by Carlie Campbell

PROJECT MANUAL 00 400-2 Section 00 400 Bid Form

D. PRODUCT/MATERIAL LEAD TIMES

Insert weeks

Insert weeks

E. LABOR RATES: Provide labor rates for all tradesmen who will participate on the project. Rates shall remain unchanged for the duration of the project. Rates below shall be defined as base hourly including fringe benefits, burdens, overhead & profit.

Labor rates must be approved by the Construction Manager.

Position $ /hour

Position $ /hour

Position $ /hour

F. COST & FEES FOR ADDITIONAL WORK NOT COVERED BY UNIT PRICES:

The bidder agrees, when so directed by the Construction Manager in writing; perform additional work for the following cost and fees:

For extra work performed by the Bidder’s own forces % Fee (not to exceed 10%)

For extra work performed by Bidder’s subcontractors % Fee (not to exceed 5%)

G. ADDENDA: Bidder acknowledges receipt of the following addenda covering revisions to the Bidding Documents, and states that the costs if any, of such revisions, have been included in this Bid Form.

Addendum No. Dated

C. VOLUNTARY ALTERNATES

The bidder is not required to provide Voluntary Alternates on a separate sheet of corporate letterhead, with proposed price and sufficient information that the option may be properly evaluated.

Braun Construction Group Project Name: Westwood Community School District

Dated

Dated

Addendum No.

Addendum No.

Addendum No. Dated

PROJECT MANUAL 00 400-3 Section 00 400 Bid Form

H. CLARIFICATIONS

Clarifications which supplement the required scope of work may be provided on separate sheet of corporate letterhead. All bids must be based on and all-inclusive of the bid category scope of work as identified in the BCG Instructions to Bidders. Clarifications and/or exclusions that contradict the BCG scope of work will not be accepted and can result in the bid being disqualified.

I. BID DOCUMENTS

Bidder has thoroughly reviewed the required bid documents provided and agrees to adhere to them as described:

Project Manual (00010) (Y/N):

Scopes of Work (00220) (Y/N):

Subcontract Agreement Form – Exhibit A Contract Documents (00610) (Y/N):

Subcontract Agreement Form – Exhibit F – Project Schedule (00660) (Y/N):

General Trades Form – A – Familial Disclosure Statement (A) (Y/N):

General Trades Form – B – Iran Disclosure Statement (B) (Y/N):

General Trades Form – C – Criminal Background Affidavit (C) (Y/N):

General Trades Form – D – Bid Bond (D) (Y/N):

General Trades Form – E – Payment & Performance Bond (BY BCG):

General Trades Form – F – Bid Form (F) (Y/N):

General Trades Form – G – Scope of Work Form – Exhibit A (per trade) (G) (Y/N)

J. BID GURANTEE:

Each Bid must also be accompanied by certified check, cashier’s check, money order or bid bond made payable to the School District in an amount not less than five percent (5%) of the total bid amount(s).

All Bids shall be firm for a period of sixty (60) days after the Due Date.

Braun Construction Group will hold the Payment and Performance bond.

PROJECT MANUAL 00 400-4 Section 00 400 Bid Form

(Signature)

(Printed)

K. ACCEPTANCE:

This Proposal is submitted in the name of:

Firm Name:

By:

Name:

Title:

Date:

PROJECT MANUAL 00 400-1 SECTION 00 400 – General Trades Forms

SECTION 00400

GENERAL TRADES FORMS

A. Familial Disclosure Statement Each Bid must be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the contractor and any member of the Board of Education or the Superintendent of Westwood Community School District. The Board of Education will not accept a Bid that does not include this sworn and notarized disclosure statement

B. Iran Disclosure Statement Each Bid must also be accompanied by a sworn and notarized statement certifying that the contractor is not an Iran Linked Business. The Board of Education will not accept a Bid that does not include this sworn and notarized statement.

C. Criminal Background Affidavit Each Bid must also be accompanied by a sworn and notarized Criminal Background-Sex Offender Affidavit. The Board of Education will not accept a Bid that does not include this sworn and notarized Affidavit.

D. Bid Bond Each Bid must also be accompanied by certified check, cashier’s check, money order or bid bond made payable to the School District in an amount not less than five percent (5%) of the total bid amount(s).

All Bids shall be firm for a period of sixty (60) days after the Due Date.

E. Payment and Performance Bond Braun Construction Group will be responsible for holding the payment and performance bond.

F. Bid Form Each Bid must also be accompanied by a Bid Form. The Board of Education will not accept a Bid that does not include this.

Westwood Community School

District 2023 Bond Program

September 30, 2022

Familial Disclosure Statement

The undersigned, the owner or authorized officer of ________________________, (“the Contractor”) pursuant to the familial disclosure requirement provided in the Westwood Community Schools (the

“School District”) Request For Proposals for 2023 Bond Program, hereby represents and warrants that, except as provided below, no familial relationships exist between the owner or any employee of the Contractor, and any member of the Board of Education of the School District or the Superintendent of the School District. A list of the School District’s Board of Education Members and its Superintendent may be found at https://www.westwoodschools.net/.

List any Familial Relationships:

CONTRACTOR:

Name of Contractor

By:

Its:

STATE OF )

)ss.

COUNTY OF )

This instrument was acknowledged before me on the day of , 2024, by ________________.

, Notary Public

______________ County, My Commission Expires:

Acting in the County of:

September 30, 2022

Iran Disclosure Statement The undersigned, the owner or authorized officer of the below named Contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the Westwood Community School District (the “School District”) Request For Proposals for 2023 Bond Program (the “RFP”), hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the

“Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned RFP, the

Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the Contract.

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

CONTRACTOR:

Name of Contractor

By:

Its:

STATE OF )

)ss.

COUNTY OF )

This instrument was acknowledged before me on the day of , 2024, by ________________.

, Notary Public

______________ County, 11/22/2024

Criminal Background Affidavit

The undersigned, the owner or authorized officer of the below-named Contractor (the “Contractor”), pursuant to the criminal background compliance certification requirements of Westwood Community School District (the

“School District”) hereby represents and warrants that the Contractor has performed and/or will perform sufficient criminal background checks, including at a minimum, an Internet Criminal History Tool (“ICHAT”) check, for all of its owners, employees, agents, representatives, contractors and/or other personnel who will be on any

School District premises to carry out the services contemplated by the Contract Documents. The Contractor further hereby certifies that no owner, employee, agent, representative, contractor and/or other personnel of the Contractor will be on any School District premises if they are a registered criminal sexual offender under the Sex Offenders Registration Act, Public Act 295 of 1994, or have been convicted of “Listed Offense” as defined under Section 722 of the Sex Offenders Registration Act, MCL 28.722.

The Contractor further acknowledges that if it is found to have submitted a false certification or otherwise fails to comply with the requirements of this certification, the School District may immediately terminate the Contract.

CONTRACTOR:

Name of Contractor

By:

Its:

Date:

STATE OF )

)ss.

COUNTY OF )

This instrument was acknowledged before me on the _____ day of ____________, 2024, by _ _________________________.

Notary Public

County, PROJECT MANUAL 00 600-1 Section 00 600 Subcontract Agreement Form

JOB# Insert Job # Here COST CODE: Insert Phase # Here

This Subcontract Agreement is made on the Insert date here between: BRAUN CONSTRUCTION GROUP, INC. (“BCG”), (the "Contractor”) a Michigan Corporation whose address is 39395 W. 12 Mile Road, Suite 100

Farmington Hills, MI 48331

And Insert name of subcontractor here (the “Subcontractor”) whose address is Insert address of subcontractor here Insert address of subcontractor here

The Contractor has made a contract for construction dated (insert date).

with (the “Owner”): Madison District Public Schools 26550 John R Road Madison Heights, MI 48071 for the project known as Madison District Public Schools 2021 Bond Election

The Contract between the Owner and the Contractor is referred to as the "Prime Contract." A copy of the Prime Contract, including all documents enumerated therein (from which compensation amounts may be deleted) has been made available to the Subcontractor.

The Architect/Engineer for the Project is: Byce & Associates 487 Portage Street Kalamazoo, MI 49007

The Subcontract Price is XXX/100 DOLLARS ($ ) subject to addition and deduction as set forth herein. Payments shall be subject to a retainage requirement equal to TEN (10%) percent of each progress payment.

Includes Performance Bond and Payment Bond Premium XXX/100 DOLLARS ($ )

( ) Bond not required if checked.

Drug and Alcohol Testing Site: _____Yes _____No

Check which category applies: MBE ____ WBE _____ Disabled _____ None _____

The date of commencement shall be: insert date of commencement.

The time for performance (the “Subcontract Time”) shall be per the Braun Construction Group, Inc.’s, Project Schedule (Exhibit F), subject to modifications as provided herein.

Individual phases of work under this contract are to meet milestone activity completion dates per Braun Construction Group, Inc.’s schedule attached (refer to Exhibit F) and as further detailed and updated in the future.

EXAMPLE SUBCONTRACT AGREEMENT

PROJECT MANUAL 00 600-2 Section 00 600 Subcontract Agreement Form

Project Name: Westwood Community School District

Completion date:

Insert date of completion.

ARTICLE I - WORK TO BE PERFORMED

Except as otherwise provided herein, Subcontractor shall furnish all labor, materials, tools, equipment, supervision and services necessary to properly execute and complete the work identified and described in Exhibit D and Exhibit G attached hereto, the "Work" being a portion of the Work required of the Contractor under the Prime Contract. The work shall be performed by the Subcontractor in good and workmanlike manner strictly in accordance with the Subcontract Documents listed in Exhibit A attached hereto and incorporated by reference.

Subcontractor shall be bound by the terms of the Prime Contract and all documents incorporated therein, including without limitation, the General and Supplementary Conditions, and assumes toward the Contractor, with respect to Subcontractor's Work, all of the obligations and responsibilities that the Contractor, by the Prime Contract, has assumed toward the Owner.

With regard to liquidated damages, the sub will only be responsible for the impact schedule created by missing milestone dates established in this subcontract.

Subcontractor has examined the Contract Documents, acknowledges the Contract Documents to be suitable for said Subcontractor’s work and sufficient for their intended purposes, and agrees to perform the Subcontractor’s work and complete same in full strict accordance therewith and to the entire satisfaction of Contractor, Owner and Architect.

Subcontractor shall coordinate and schedule its work to insure it is accomplished as an integrated whole with the work of the contractor, other subcontractors and separate contractors. Any labor, materials, equipment, machinery or services necessary to accomplish such integration shall be undertaken by subcontractor as part of the Subcontractors work and at no additional cost to contractor, whether or not explicitly shown or described in drawing or other contract documents. If part of subcontractor’s work depends for proper execution or results upon construction or operations by the contractor, owner, another subcontractor or a separate contractor, the subcontractor shall, prior to proceeding with that portion of the subcontractor’s work, promptly report any apparent discrepancies or defects in such other construction to contractor.

ARTICLE II - CONTRACT PRICE

Contractor shall pay to Subcontractor, for the full and complete performance of the Work, the Subcontract Price set forth above.

The Subcontract Price shall not be adjusted unless (a) the Contractor is entitled to and receives a corresponding adjustment in its contract price under the Prime Contract with respect to the contracted work, (b) the Subcontract Price is adjusted by Change Order as a result of changed work as provided in Article VIII hereof, or (c) the Subcontract Price is adjusted by Change Order issued by the Contractor, and approved by the Owner with or without consent of the Subcontractor, for backcharges and adjustments to the Subcontract Price permitted under this Subcontract. The Subcontractor shall promptly give written notice to the Contractor of any claim for adjustment of the Subcontract Price under this Article within ten (10) calendar days of the occurrence thereof or such shorter time, which in no case shall be less than three (3) business days fewer, and in such form, as may be required to allow Contractor to submit its request for a change order to the Owner in compliance with the Prime Contract.

ARTICLE III - PROGRESS PAYMENTS

As soon as possible after the execution hereof and prior to any payments being made hereunder, Subcontractor shall submit to Contractor a schedule of values of the various portions of the Work, including quantities if required by Contractor, which shall be in such form and supported by such data as Contractor may direct and which shall be subject to Contractor's approval, to enable Contractor to prepare a schedule of values for the entire Subcontract. Each scheduled item thirty thousand dollars ($30,000) and greater shall be broken down by Labor and Material and shall not include Subcontractor's overhead and profit.

General Conditions and Overhead and Profit shall be listed separately. Subcontractor warrants that the line item amounts set forth in the schedule of values submitted by the Subcontractor shall be accurate and truthful.

Unless the Prime Contract provides for a different schedule, on or before the 20th day of each month, Subcontractor shall submit to Contractor, an itemized progress estimate, supported by such data as Contractor may require, showing the estimated value of work completed as of the 31st day of that month, based on Subcontractor’s approved schedule of values and on the conditions for payment under the Prime Contract including, without limitation, conditions relating to material delivered to and suitably stored on the Site. Such estimate shall be used in the preparation of Contractor's application for payment to the Owner under the Prime Contract. If the Subcontractor does not submit an itemized progress estimate by the 25th of the month complying with the requirements herein, Contractor may not, at its option, include an estimated amount in its application for payment until the following month. Contractor shall pay to Subcontractor within ten (10) days of receipt of payment from the Owner, subject to receipt of payment from the Owner, an amount equal to the value of the Subcontractor's completed Work, to the extent allowed and paid by the Owner on account of Subcontractor's Work, less all previous payments and less the retainage hereof and less any amounts withheld by the Contractor as provided herein.

PROJECT MANUAL 00 600-3 Section 00 600 Subcontract Agreement Form

Project Name: Westwood Community School District

If the Contractor determines that the balance of the Subcontract Price then remaining unpaid will not be sufficient to complete the Work in accordance with the Subcontract Documents, no additional payments will be due the Subcontractor under this Contract unless and until the Subcontractor, at no cost to the Contractor, performs and pays in full for, a sufficient portion of the Work so that such balance of the Subcontract Price then remaining is determined by the Contractor to be sufficient to so complete the Work.

Contractor shall have the right to withhold payment for defective work not remedied, claims of the Contractor, Owner or any other person against Subcontractor arising out of or in any way connected with the Work, or any other breach of this Subcontract. If any of the foregoing deficiencies are not promptly corrected or remedied after written notice, the Contractor may rectify the same at Subcontractor's expense and deduct all costs and expenses incurred thereby from such withheld payments. No payment to Subcontractor by Contractor shall be construed to be an acceptance of any defective work.

The Subcontractor shall not stop the Work in the event of a dispute as to payments owed as long as all uncontested amounts have been paid in accordance with the Subcontract Documents.

As a condition precedent to payment to Subcontractor, Subcontractor shall submit complete waivers, releases and sworn statements from all subcontractors, material suppliers, men and laborers complying with the requirements of applicable mechanic's lien laws and such other evidence as may be required by Contractor, Owner or Owner's lender to substantiate payment.

If payment has been made by the Contractor, Subcontractor shall promptly pay its Subcontractors and laborers and material suppliers and shall not permit any liens or claims to be filed or asserted against the Project, the Owner or the Contractor by anyone furnishing labor and/or materials to the Contractor with respect to the Project. Upon three (3) days written notice to Subcontractor, the Contractor, in its sole discretion, may pay any Subcontractor, laborer or supplier of Subcontractor directly and deduct the amount of such payments from the Subcontract Price. Payment by the Contractor to any Sub-Subcontractor, laborer or supplier hereunder shall not relieve the Subcontractor of any obligations to the Contractor under this Subcontract.

Contractor, in its sole discretion, may make payment by checks payable jointly to the Subcontractor and any Sub- Subcontractor, laborer or supplier of Subcontractor.

The Subcontractor agrees that Contractor shall be under no obligation to pay the Subcontractor for any work done on this construction project, until Contractor has been paid by the Owner. The provisions hereof, stating when progress and final payments are due and the amount thereof are subject to the condition that the Contractor shall receive from the Owner the progress or final payments in at least the amounts payable to the Subcontractor on account of work performed by the Subcontractor on this construction project. The Subcontractor expressly contemplates that payments to him are contingent upon Contractor receiving payment form the Owner, the Subcontractor expressly agreeing to accept the risk that he will not be paid for work performed by him in the event that Contractor is not paid by the Owner for such work. The Subcontractor states that he relies primarily for work performed on the credit and ability to pay of the Owner, and not of Contractor, and thus the Subcontractor agrees that payment by the Owner to Contractor for work performed by the Subcontractor shall be a condition precedent to any payment obligation of the Contractor to the Subcontractor. The Subcontractor agrees that the liability of the surety on Contractor’s payment bond, if any, for payment to the Subcontractor, is subject to the same conditions precedent as are applicable to the Contractor’s liability to the Subcontractors.

Contractor may offset against any sums due subcontractor the amount of any liquidated or unliquidated obligation of subcontractor to contractor.

ARTICLE IV - FINAL PAYMENT

A final payment, consisting of the unpaid balance of the Subcontract Price shall be made within thirty (30) days after the last of the following to occur (a) full completion of the Work by Subcontractor, (b) final acceptance of the Work by Owner and Architect,

(c) the furnishing of satisfactory evidence by Subcontractor that Subcontractor has paid in full all persons furnishing labor, material or services in connection with the Work and that Subcontractor neither has filed, nor has the right to maintain, a lien against the Owner, the Contractor, Contractor's surety, if any, or the Project, (d) the return of all drawings, plans and specifications to the Contractor, (e) delivery of all guarantees, warranties, bonds, instruction manuals, as built drawings, Project Record Documents and similar items required by the Prime Contract and/or this Subcontract and (f) release of retention and payment by the Owner in respect of Subcontractor's Work.

Subcontractor shall submit a final invoice to Contractor within thirty (30) days of notification from the Contractor requesting such final invoice. The Subcontractor shall attach to its final invoice all documentation required by the Subcontract Documents or requested by the Contractor to substantiate the Subcontractor's entitlement to final payment. If Subcontractor fails to submit a final invoice within thirty (30) days, the Contractor shall determine the amount of the unpaid balance of the Subcontract Price due and owing Subcontractor and the Subcontractor shall be bound by such determination and shall be deemed to have waived any right to request final payment of a different amount.

PROJECT MANUAL 00 600-4 Section 00 600 Subcontract Agreement Form

Project Name: Westwood Community School District

ARTICLE V - DATE OF COMMENCEMENT; COMPLETION

The Subcontractor's date of commencement from which the Subcontract Time is measured shall be the date this Subcontract is executed unless a different date is provided on page one of this Subcontract, or if provision is made for the date to be fixed in a notice to proceed issued by the Contractor. Substantial Completion shall be achieved within the Subcontract Time specified on page one of this Subcontract unless extended in accordance with Article VI hereof. Substantial Completion is the time by which the Work may be utilized by the Owner for the purposes for which it is intended. Final completion shall occur within the time provided in the schedule adopted by the Contractor.

Completion of the Work and its several parts within the time allocated for such Work under the Prime Contract is of the essence of this Subcontract. Therefore, Subcontractor agrees: (a) to provide at the Project Site the materials, equipment, labor and supervision necessary and to begin the Work upon Contractor's order to do so, (b) to perform the Work and all parts thereof promptly, diligently and at such time and in such order and sequence as Contractor may direct and as is required for the best possible progress of the Work whenever such Work, or any part of it, becomes available, (c) to conduct its Work and perform all activities incidental thereto so as to facilitate and so as not to interfere with or delay the Work of the Owner, the Contractor or other Subcontractors on the site, (d) to keep itself continually informed of the progress of the Project and to confer with contractor so as to plan its Work in coordinated sequence with the work of Contractor and others, (e) if the Project is divided into parts, to perform Work in several or all parts simultaneously, if directed to do so by Contractor, and (f) to furnish sufficient forces, supervision, equipment and materials, at such times and for such periods, as will result in progress according to the progress schedule prepared by the Contractor pursuant to the Prime Contract (the "Approved Progress Schedule") or any modification thereof. The Contractor reserves the right to modify any such Approved Progress Schedule with respect to the required sequence or duration of the Work or any portion thereof, and the Contractor makes no representation that Subcontractor will be able to commence, execute or complete the Work in accordance with any progress schedule.

The Subcontractor shall cooperate with the Contractor in scheduling and performing its Work to avoid conflict or interference with the work of others. Contractor and Subcontractor acknowledge and understand that the work schedule will be modified from time-to-time to work around the work of other subcontractors, in an effort to avoid conflicts or interferences in the work of Contractor and Subcontractor, and that such schedule changes do not give rise to a claim for damages by subcontractor, for delay or otherwise. If the Contractor’s schedule for the Work is revised, the Subcontractor shall conform to the most recent Schedule. Subcontractor acknowledges that the Contractor’s Schedule for the Work may change during the duration of the Project and that fact was taken into account by Subcontractor when it agreed to the Contract Sum and entered into this Subcontract under the terms of the conditions set forth herein. As a result, Subcontractor shall not be entitled to any additional monies as a result of such schedule changes.

Subcontractor shall furnish labor, expedite deliveries of materials and equipment, work overtime and/or a second shift and/or holidays and weekends if directed to do so by Contractor. If the Subcontractor is in default of any provision herein and the Contractor determines such items are required to maintain satisfactory job progress, such additional labor, expediting, overtime, second shift or holiday and week-end work shall be provided by Subcontractor at no cost to the Contractor. If the Subcontractor is not in default of any provision herein, the Contractor shall pay the Subcontractor the actual costs incurred by the Subcontractor to furnish additional labor and to expedite deliveries of materials and equipment, and the actual extra cost over the rate for regular time for overtime work. All such costs shall be substantiated by invoices and time slips checked and approved on a daily basis by Contractor. Subcontractor shall not be entitled to receive any amount for overhead or profit or for any inefficiencies or loss of productivity and shall not assert any claims for overhead or profit or damages due to loss of productivity or inefficiencies.

Should the Subcontractor fail to execute the Work as provided herein, thereby causing delay in the progress of the Project or delay to the work of the Contractor or others, Subcontractor shall be liable for all loss and damages, including without limitation, liquidated and consequential damages, if any, sustained by the Owner, the Contractor and/or other Contractors. If the Contractor's Work is delayed by causes beyond the control of the Subcontractor, the Subcontractor shall be liable hereunder unless Subcontractor gives written notice of the alleged delay to the Contractor within ten (10) calendar days following the start of the alleged cause beyond the control of the Contractor, or such shorter time, which in no case shall be less than three (3) business days fewer, and in such form, as may be required to all Contractor to make claim for extension of time in compliance with the Prime Contract.

It is contemplated that subcontractor’s performance under this subcontract may be delayed, accelerated, suspended, hindered or disrupted (a) by acts or omissions of the owner, contractor, architect, other subcontractors and other parties involved with the project, or (b) by other circumstances not caused by or within the control of subcontractor and recognized by the contract documents as excusable conditions justifying extension of the afforded time for performing and completing subcontractor’s work. In such cases, subcontractor may request an extension of time for performance and completion of the subcontractor’s work. The extension of time to which subcontractor may be entitled under this paragraph shall under no circumstances exceed the extension of time granted to contractor. Furthermore, such time extension shall be subcontractor’s sole and exclusive remedy in respect of its work being delayed, accelerated, suspended, hindered or disrupted. Accordingly, subcontractor shall not be entitled to recover any damage or additional compensation of any type whatsoever as a consequence thereof, PROJECT MANUAL 00 600-5 Section 00 600 Subcontract Agreement Form

Project Name: Westwood Community School District notwithstanding the nature of the circumstances giving rise thereto or the extent or duration thereof, any and all such circumstances and consequences being within the contemplation of the parties.

ARTICLE VI PROJECT CLOSEOUT

(i) Operations and Maintenance Manuals

Upon reaching 75% completion according to the Subcontractor’s Application for Payment, Operations and Maintenance Manuals and record copies of submittals shall be submitted.

A value of one percent (1%) of the contract amount or fifteen thousand dollars ($15,000), whichever is greater will be withheld until the Operations and Maintenance Manuals are submitted.

(ii) As-Build Drawings

Mechanical and electrical Subcontractors are responsible to review as-built drawings with BRAUN CONSTRUCTION GROUP, INC.’s Project Superintendent on a weekly basis. One percent (1%) of the contract value or fifteen thousand dollars ($15,000), whichever is greater will be withheld until the final as-built drawings are submitted.

(iii) Training

Subcontractors are responsible to schedule and conduct training for owner personnel through BRAUN CONSTRUCTION GROUP, INC. Subcontractor shall include an agenda, video tape of the session, a sign-in sheet to document attendance, and documentation for the trainees. The Subcontractor shall submit the video tape (labeled), attendance sign in sheet, and training documentation to BRAUN CONSTRUCTION GROUP, INC. in the same quantities required for the Operations and Maintenance Manuals.

(iv) Attic Stock Materials

Upon reaching 90% completion according to the Subcontractor’s application for payment, stock parts and attic stock materials shall be turned over to the Owner via BRAUN CONSTRUCTION GROUP, INC.

An amount of one half percent (0.5%) of the contract value or ten thousand dollars ($10,000), whichever is greater will be withheld until the required attic stock materials are submitted.

(v) Documents – Warranty, Asbestos Free, Smoke & Fire Spread, etc.

Upon reaching 90% completion according to the Subcontractor’s application for payment, the required documents shall be submitted to BRAUN CONSTRUCTION GROUP, INC.

An amount of one half percent (0.5%) of the contract value or ten thousand dollars ($10,000), whichever is greater will be withheld until the required documents are submitted.

(vi) Punchlist

Within two (2) weeks prior to substantial completion; the Subcontractor shall submit to BRAUN CONSTRUCTION GROUP, INC. a list of incomplete work items. The list shall include room number, description of work, and date for completion.

BRAUN CONSTRUCTION GROUP, INC. will review the Subcontractor’s work completion list and add items, if necessary. In the event that BRAUN CONSTRUCTION GROUP, INC.’s list comprised 25% or more items than the Subcontractors list, then a review fee of $250.00 will be deducted from the contract sum and paid to BRAUN CONSTRUCTION GROUP, INC.

The Contractor shall provide the Subcontractor with a punch list approved by the Owner or Architect with respect to the Subcontractor's Work. Any items which are on the list which are not completed within fourteen (14) days (or fewer if so provided in the specifications or schedule) may, at the Contractor's sole option, be completed by the Contractor and the cost thereof plus ten (10%) percent shall be deducted from the Final Payment. Upon completion, the Subcontractor shall conduct a walk-through with the designated BRAUN CONSTRUCTION GROUP, INC.’s representative to confirm satisfactory completion.

In the event the punchlist is reported complete, but found not to be complete, an amount of $1,000 will be deducted from the contract sum and paid to BRAUN CONSTRUCTION GROUP, INC. If another (14) days pass (or fewer if so provided in the specifications or schedules) and the punchlist is not reported complete or incomplete items are discovered during a walkthrough, BRAUN CONSTRUCTION GROUP, INC. may complete the items and deduct the cost to complete the punchlist, including supervision time, and $1,000 for administrative costs.

PROJECT MANUAL 00 600-6 Section 00 600 Subcontract Agreement Form

Project Name: Westwood Community School District

The final sign off of all punchlist and incomplete work items is subject to the approval of the Architect and Owner.

Payment in an amount of four (4) times the estimated value of punchlist items as determined by BRAUN CONSTRUCTION GROUP, INC. will be withheld until the punchlist is complete.

ARTICLE VII - EXTENSION OF TIME

If the Subcontractor shall be materially delayed in the progress of the Work, for reasons beyond the Subcontractor's control, and under such circumstances as entitle Contractor to an extension of time under the Prime Contract, Subcontractor shall be entitled to a corresponding extension of time for completion of its Work. No such extension will be allowed unless the Subcontractor gives the Contractor written notice of the delay and claim for extension of time within ten (10) calendar days of the occurrence thereof or such shorter time, which in no case shall be less than three (3) business days fewer and in such form, as may be required to allow Contractor to make claim for extension of time in compliance with the Prime Contract. The extension of time herein provided shall be Subcontractor's sole and exclusive remedy for any delay, and Subcontractor shall have no claim for damages against Contractor or Owner by reason thereof.

ARTICLE VIII - CHANGES

Contractor may, without invalidating the Subcontract or any bond given hereunder, order extra and/or additional work, deletions, or other modifications to the Work, such changes to be effective only upon written order of Contractor and Owner. Any adjustment to the Subcontract Price or to the time for completion of the Work shall be made in accordance with the applicable provisions of the Prime Contract and the lump sum or unit prices set forth in Exhibit E, or in the absence of such provisions, on an agreed, equitable basis. Notwithstanding any inability to agree upon any adjustment or the basis for an adjustment, Subcontractor shall, if directed by Contractor and Owner, nevertheless proceed in accordance with the order, and the Subcontract Price shall be adjusted as reasonable determined by Contractor with any dispute to be resolved after the completion of the Work. If requested by the Contractor and Owner, the Subcontractor shall perform extra work on a time and material basis, and the Subcontract Price shall be adjusted based on time records and material records checked by the Contractor on a daily basis.

The Subcontractor shall not receive payment for additional work or work that deviates from the Drawings and Specifications performed without a written authorization from the Contractor. The Contractor reserves the right to reject any proposal submitted by the Subcontractor to have the work done by others.

Within fourteen (14) days of receipt of direction to perform changed work, and in any event within five (5) days less than the time permitted by the Prime Contract for submission of quotations to the Owner, Subcontractor shall submit to Contractor in accordance with the specifications, the required number of copies of its quotation proposing the increase or decrease in the Subcontract Price for the changed work. The quotation shall include a detailed breakdown setting forth differences in quantity and value of labor and material costs involved and such additional cost information as may be requested by the Contractor.

The Contractor's mark-up for overhead and profit shall be the percentages set forth on Exhibit E attached hereto, unless the Prime Contract provides otherwise or provides for different percentage mark-ups.

If the Subcontractor fails to submit a quotation within the time limits set forth in this Article VIII, the Contractor shall prepare a quotation with respect to the changed work proposing an estimated amount for the increase or decrease in the Subcontract Price for the changed work, and Subcontractor shall be bound by such estimate and shall be deemed to have waived any right to propose a different amount.

Should Contractor and Owner elect to have changed work performed on a time and material basis in lieu of unit prices or a negotiated lump sum, and so notifies the Subcontractor in writing, the Subcontractor shall perform the changed work at Subcontractor's actual net cost plus the mark-up for overhead and profit set forth on Exhibit E, with or without a guaranteed maximum total cost, as directed by the Contractor. All charges for time and materials shall be sustained by invoices and time slips checked and approved on a daily basis by the Contractor. The Contractor and owner shall have the right to audit Subcontractor's records with respect to the charges involved.

The time for completion of the Subcontractor's Work shall not be modified on account of changed work unless such modification is included in the quotation submitted by the Subcontractor with respect to the changed work and is authorized by Change Order. If the time for completion of the Subcontractor's Work is extended, as provided herein, any additional costs to the Subcontractor resulting therefrom shall be waived unless set forth in the quotation submitted by the Subcontractor with respect to the changed work. Furthermore, any additional costs to the Subcontractor resulting from extensions of the time for completion of the Subcontractor's Work shall be limited to the amount received by the Contractor pursuant to the Prime Contract with respect to such extensions.

Notwithstanding any other provision of this Article VIII, or if all or any portion of the additions, deletions or revisions to the Work authorized by the Contractor in a Change Order is denied by the Architect or Owner, with the result that the Contractor does not receive any adjustment to the Subcontract Sum, the Contractor may revise, modify or withdraw the Change Order and, in

PROJECT MANUAL 00 600-7 Section 00 600 Subcontract Agreement Form

Project Name: Westwood Community School District such event, the Contractor shall not be liable to the Subcontractor for any claim or adjustment to the Subcontract Sum or the Subcontract Time in excess of the adjustment for the Subcontractor's Work authorized by the Owner.

Except as otherwise provided by Article VIII in respect of changes in the subcontractor’s work proposed by contractor, owner or other third parties, in all circumstances whereby subcontractor desires to preserve the right to claim or recover an increase in the subcontract amount, recovery of costs or damages or extension of time, subcontractor shall, as a condition to such right, give contractor written notice thereof (i) within (10) days after the first occurrence of the event giving rise to such claim, or (ii) at least three (3) business days before the date when contractor is required by the terms of the contract documents to provide the same or similar notice to owner or other third party, whichever occurs first. The notice shall particularly set forth the event(s) or fact(s) supporting and giving rise to such claim, the cost thereof and the time extension requested, if any.