Battle Creek Public

Schools

CENTRAL HIGH SCHOOL

SECURE ENTRY PROJECT

Battle Creek, Michigan

PROJECT MANUAL

May 6th, 2020

TABLE OF CONTENTS

I. BID DOCUMENTATION & REQUIREMENTS

A. ADVERTISEMENT TO BID

B. BID REQUIREMENTS

C. BID FORMS

D. POST BID INTERVIEW SCHEDULE

II. CONTRACT

E. TRADE CONTRACT BETWEEN THE CONSTRUCTION MANAGER & TRADE CONTRACTOR

III. PROJECT SPECIFIC DATA

F. SCOPES OF WORK

1. Project Safety and General Scope Requirements

2. Bid Package Scopes of Work – Scopes checklist & Clarifications

G. SCHEDULE

H. SAMPLE INSURANCE CERTIFICATE

I. SUBMITTAL LOG

J. ASBESTOS CERTIFICATION

K. COVID-19 PROCEDURES

IV. PROJECT PLANS/DOCS

* PORTIONS OF THIS MANUAL CONTAIN PROPRIETARY INFORMATION AND MAY NOT BE

REPRODUCED WITHOUT ELITE COMPANIES WRITTEN PERMISSION.

I. BID DOCUMENTS & REQUIREMENTS

B. BID REQUIREMENTS

C. BID FORMS

D. POST BID INTERVIEW SCHEDULE

PROJECT: Battle Creek Public Schools Date: May 6th, 2020

BCCHS Secure Entry

Improvements – 2020

ELITE #20013

Battle Creek, MI 49017

BIDS DUE: May 20th, 2020, 1:00 PM, Local Time

PROJECT DESCRIPTION: Install new walls and storefront with security measures at the main entry of the

Battle Creek Central High School located at 100 Van Buren St. W., Battle Creek MI 49017

PROJECT PREBID MEETING: Site visit will be coordinated as needed after May 7th. Please contact Gabe

Case w/ ELITE to get in and review the space – gabe.case@elite-companies.com – 269.568.5121

PROPOSALS: Sealed bids will be received at Battle Creek Public Schools Administration Office, located at

3 W. Van Buren St., Battle Creek, MI 49017 Attn: Laura Ash; Executive Director of Business and Finance.

No faxed or emailed bids will be accepted. Envelopes are to be clearly marked as SEALED BID with

Project name and number and Bid Package name and number.

Bids will be publicly opened and read aloud May 20th, 2020, at 1:30 PM at the Battle Creek Schools

Administration Office, located at 3 W. Van Buren St., Battle Creek, MI 49017. Bids received after specified date and time will not be accepted and will be returned unopened. Bids will be accepted as determined to be in the Owner's best interest.

BID PACKAGES:

General Scope & Safety Requirements

6.1 General Trades

8.8 Glass & Glazing

21.1 Fire Suppression

26.1 Electrical

DOCUMENT LOCATIONS: Specifications and building layout/plans, together with all necessary forms and other documents for bidders may be obtained Wednesday, May 6th by end of day, from ELITE

COMPANIES and/or Battle Creek Public Schools. An email will be sent to all known bidders and plan rooms when bid documents have been posted.

Documents are also available at the following plan rooms: Builders Exchange, McGraw Hill – Dodge

Reports, Construction Association of Michigan, Construction News Services and West Michigan Minority

Contractors Association.

BID BOND: Required; Bid bond or certified check of not less than 5% of the bid amount shall be submitted with bid and made payable to Battle Creek Public Schools.

FAMILIAL RELATIONSHIP DISCLOSURE: All proposals shall be accompanied by a sworn and notarized statement disclosing any familial relationship (or lack of a relationship) that exists between the owner or any employee of the bidder and any member of the Board of Education of the Battle Creek Public Schools or the

Superintendent of the School District. The District shall not accept a bid that does not include a sworn and notarized disclosure statement.

BIDDERS REQUEST FOR INFORMATION: Submission cut-off date is May 15th, 2020 @ 5:00 PM. A fillable RFI form is located within the RFP Typed RFIs are to be submitted to ryan.long@elite-companies.com.

TYPE OF CONTRACT: The base bid shall be a lump sum amount, for the work as set forth in the bid documents.

CONTRACT SECURITY: The cost of a Performance Bond and a Labor and Material Bond shall be included within the Trade Contractor's bid price in all packages in excess of $50,000. Bidders of all bid packages shall supply, with their proposal, proof of their ability to bond work. This proof shall be in the form of a bid bond in the amount of 5% of the quoted price. All packages less than $50,000 must state, as an alternate, the cost of providing a Performance Bond and a Labor and Material Bond if so required.

RIGHTS RESERVED: The Owner reserves the right to accept or reject any and all bids, alternates, or proposals, and to accept bids, alternates, or proposals that, in its sole judgment, serve its best interests.

POST BID INTERVIEWS: Post bid interviews, if required, are scheduled on May 22nd, 2020 – Time TBD.

B. BID REQUIREMENTS

1.0 DEFINITION OF THE PROJECT: ELITE COMPANIES, as Construction Manager (“Construction

Manager”) for Battle Creek Public Schools is requesting firm lump sum (or unit price) proposal(s) for furnishing of labor, material, equipment and all other items required to construct the following

(“Project”) as defined by the Project Manual and Contract Documents, for the following stated

Project. All capitalized terms herein shall have the meanings as defined in this Project Manual or as otherwise defined herein.

BCCHS SECURE ENTRY PROJECT

Construction Manager

ELITE COMPANIES

Home Office: Field

Office: 15 Carlyle Street. TBD

Battle Creek, MI 49017 TBD

Phone: (269) 910.1347 Phone:

TBD

info@elite-companies.com

2.00 CONTRACT DOCUMENTS: The bid Contract Documents (the “Contract Documents”) for the

Project consist of the following separate documents:

1. "Project Manual" developed for the project by ELITE COMPANIES.

2. Project plans and specifications.

3. All subsequent addendum, bulletins, ASI's, construction change directives, and bid clarifications.

Each Trade Contractor is hereby notified that the above listed documents collectively constitute the Contract Documents. All Trade Contractors are required to review these Contract

Documents and treat them as one. All Trade Contractors will be liable for information contained in these separate documents as if they were bound together and issued as one.

3.00 BIDDER RESPONSIBILITY: It is the responsibility of the bidder to view and acknowledge all documents, BRFIs, addenda, and any other documents that may be posted. The bidder is responsible for checking the plan room for updates and revisions.

Trade Contractor releases and discharges the Construction Manager and Owner from all costs, expenses, damages, liabilities, or claims related to the failure of the owner to properly receive and process the Trade Contractor’s bid and bid documents. This shall include any claims against said parties, and their assignees, officers, agents and representatives, for any consequential or special damages, including, but not limited to, any lost profits from the alleged failure of the

Trade Contractor to be awarded any Project Work.

4.00 BIDDERS SUBMISSIONS: It is understood and mutually agreed that by submitting a bid proposal

(“Bid Proposal”), the bidder agrees and fully understands the Work (as defined in the General

Conditions (“General Conditions”) of this Project Manual) on which the Trade Contractor has bid and has satisfied itself as to the full nature and requirements of the Work.

It is further mutually agreed that the bidder, by submitting a Bid Proposal, acknowledges that it has satisfied itself as to the feasibility and correctness of the Contract Documents (as defined in the General Conditions) and that it accepts all the terms, conditions and stipulations contained herein, and that it will work in cooperation with other Trade Contractors performing Work on the jobsite. The bidder represents and warrants to the Owner and Construction Manager that it has visited the site and has familiarized itself with the local conditions under which the Work is to be performed.

No verbal agreement or conversation with any office, agent, or employee of the Owner, or the

Construction Manager, either before or after the execution of a Trade Contract (as defined in the General Conditions), shall affect any of the terms, conditions or other obligations set forth in any of the Contract Documents.

Drawings and Specifications (as defined in the General Conditions) are complementary and that which is called for by one shall be binding as if called for by both.

In case of difference between Drawings of the same scale, or between large scale drawings, or between the Drawings and the Specifications or within the Drawings in the Specifications, the conflicts must be reported before bid due date and that which requires the highest degree of performance (quality, quantity, strength, finish, completion, complexity, sophistication, cost, etc.) will be required and shall be provided at no increase in bid amount if no written clarification is issued. Addenda, which may be issued, will take precedence over Drawings and

Specifications in case of conflict.

5.00 QUESTIONS, CLARIFICATIONS, AND INTERPRETATIONS: No oral explanation in regard to the meaning of the bid Contract Documents will be made and no oral instructions will be given before the award of a Trade Contract. Discrepancies, omissions, questions, needs for clarification or interpretation or doubts as to the true meaning of the Contract Documents should be communicated in writing immediately to the Construction Manager. The Construction

Manager will issue a written instruction in the form of an addendum, RFI, or clarification to all bidders of record and shall be included in the bid, and upon execution of a Trade Contract, if the bidder is awarded the same.

6.00 STANDARDS, SUBSTITUTIONS AND "APPROVED EQUALS": The materials, products and equipment described in the bid Contract Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

6.01 All bids must be based on the brands/manufacturers specified or approved in writing prior to bid submission.

6.02 A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the proposer.

7.00 PREPARATION OF BIDS: Each Bid Proposal shall be submitted on the designated form and shall be signed in ink. Any changes in the Bid Proposal must be explained or noted and include the signature of the bidder. Bids containing any omissions, unexplained erasures, alterations, irregularities of any kind or items not called for in the bid form may be rejected by the owner.

8.00 MODIFICATION OR WITHDRAWAL OF BID: No bids may be withdrawn for at least sixty (60) consecutive calendar days following the bid opening.

8.01 Prior to the time and date designated for receipt of bids, bids submitted early may be modified or withdrawn only by notice to the party receiving bids at the place and prior to the time designated for receipt of bids. Such notice shall be in writing and include the signature of the bidder. The written confirmation and signature of the bidder must have been submitted and received before the date and time set for receipt of bids or may be rejected. Any modification shall not reveal the amount of the original bid. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders.

9.00 CONSIDERATION OF BIDS: The Owner shall have the right to reject any or all bids and, in particular, to reject a bid not accompanied by data required by the Contract Documents or a Bid

Proposal which is in any way incomplete or irregular. The Owner shall have the right to waive any informality or irregularity in any Bid Proposal received.

9.01 The Owner reserves the right to reject any and all Bid Proposals when such rejection is in the interest of the Owner, or to reject the bid of a bidder who, in the Owner's opinion, is not qualified to fulfill the Trade Contract.

10.00 ALTERNATES: The Owner shall have the right to accept or reject alternates in any order or combination and to determine the best Bid Proposal on the basis of the sum of the base bid and the alternates accepted.

11.00 QUALIFICATION OF BIDDERS: The Owner reserves the right to request an audited, current

(within 6 months) financial statement together with a statement of past experience, personnel, machinery, and equipment available to perform the proposed Work from any bidder considered for award of a Trade Contract. Failure or refusal to furnish such a statement or statements, to provide such information or to provide a satisfactory statement of financial responsibility, may constitute a basis for disqualifying the bidder.

11.01 Corporate bidders, to be eligible to enter into a Trade Contract, shall be qualified to do business in the location corresponding to Project location. Bidders shall comply with all applicable licensing requirements. Foreign corporations, which have not domesticated or otherwise become licensed in the state, shall obtain a permit to do business pursuant to local requirements.

11.02 Each Bidder, by submitting a Bid Proposal, agrees to meet with the Owner and

Construction Manager if so requested, prior to an award.

12.00 CONTRACT AWARD: Prior to Trade Contract award, the successful bidder shall:

12.01 List the names of all proposed Subcontractors and material and equipment Suppliers and list all materials to be used.

12.02 List all delivery dates of all major materials and equipment and any other materials and equipment critical to the progress of construction.

12.03 Provide an itemized breakdown with separate materials and labor (“Schedule of

Values”) which comprise the contract price. The breakdown will be used as a basis for partial payments to the Trade Contractor. It is essential that the breakdown be as representative of the true total cost of each item as is possible to ascertain. The

Construction Manager shall have the right to require the Trade Contractor to submit to the Construction Manager copies of subcontract agreements or other documentations regarding breakdown costs necessary to confirm the accuracy of the Schedule of Values.

13.00 BONDING

13.01 BID BONDS

a. Bid security shall be in the form of a bid bond, a certified check, a cashier’s check, or money order in the amount of 5% on the total bid.

b. One (1) copy of the bid bond are to be submitted with Proposal Form.

c. When a bid bond is submitted, the owner shall be listed as obligee.

d. When the bid bond is submitted, the attorney-in-fact who executes the bond on behalf of the surety shall attach to the bond a certified, current copy of this power of attorney.

e. When a cashier’s check, certified check or money order is submitted, it shall be made payable to the Owner.

f. The Owner will have the right to retain the bid security of bidders to whom an award is being considered until either (a) the Trade Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that bids may be withdrawn, or (c) all bids have been rejected.

13.02 PAYMENT BONDS, PERFORMANCE BONDS

a. All successful Bidders may be required to furnish both a Payment Bond and a

Performance Bond, each in the amount of one hundred percent (100%) of the Trade

Contract amount, with the Owner named as Obligee. All bonding companies must be listed by the U.S. Treasury, must be rated A or better by Best and must be licensed to do business in the state of which the Project is located.

b. Payment Bonds and Performance Bonds must be separate. The combined form will not be accepted.

c. When submitted, Payment Bonds and Performance Bonds shall include:

1. Full name and address of Trade Contractor, surety and Owner

2. The contract date

3. The exact amount of the contract

4. Signature and title

5. Corporate seal, if applicable

6. Notarization

7. Power of Attorney

BOND COSTS IN BIDS

a. a. Include costs for Payment Bonds or Performance Bonds in Base Bids if and called out, if your bid is over $50,000. If your bid is under $50,000, provide this cost as an alternate added cost, separate from your base bid, but within the bid form.

SUBMISSION OF BONDS

a. Bonds, if required, shall be submitted to the Owner within fifteen (15) days following the Trade Contractor’s receipt of the Notice to Proceed to commence the

Work from the Construction Manager or the Owner/Construction Manager

Agreement, whichever is earlier.

b. If the Work is commenced prior to the execution of the Owner/Construction

Manager Agreement in response to a Notice to Proceed, the Trade Contractor shall, prior to commencement of the Work, submit evidence satisfactory to the

Construction Manager that required bonds will be furnished within fifteen (15) calendar days from the date of the Notice to Proceed.

14.00 TAXES: The Trade Contractor shall pay all state and federal taxes levied on its business, income or property, including but not limited to taxes on the Trade Contractor's gross or net receipts or income. The Trade Contractor shall also make all contributions for social security and other wage or payroll taxes due. The Trade Contractor shall be solely responsible for such payments and shall indemnify Owner and Construction Manager and hold them harmless for any assessment and payment of same.

15.00 TRADE CONTRACTOR AGREEMENT: Each bidder, by submitting a Bid Proposal, agrees to execute the Trade Contract, which shall be part of the Contract Documents without modification.

16.00 BIDDER EXPECTATIONS – PRE AND POST AWARD: The Owner, Construction Manager, and the entire Project team, upholds the highest level of expectations for the success of the

Project. As a result of these expectations, all those who elect to participate in the bidding process and who will be potential awarded contract work for this Project are expected to uphold the highest professional standards possible.

The awarded bidder for any bid category is considered an expert in its field of work and has been contracted to perform a service to the client based on and because of that expertise.

The awarded bidder will submit all of its bid development documents, supporting the values submitted on its Schedule of Values, subsequent to the bid award (including all of its calculations) if requested.

17.0 MINORITY, WOMAN, VETERAN, AND HANDICAP SUBCONTRACTORS AND SUPPLIERS:

Bidders are urged to utilize minority, woman, veteran, and handicap owned business on this

Project where possible

19.0 BID FORMS: Please find the enclosed bid forms for use – RFI Form, Bid Form including all required docs for bid to be read aloud.

C. BID FORMS

The enclosed forms are to be used during the bidding and post-bid interview process:

1. RFI Form

2. Bid Submission Checklist

3. Bid Form

4. Familial Statement of Disclosure

5. Affidavit of Compliance – Iran Economic Sanctions Act

6. Post-bid Requirements

7. Project Team Contact List

8. Post-Bid Interview Tentative Schedule

Please note your bid will not be accepted if a bid bond (or certified check), Familial Statement of Disclosure, and Affidavit of Compliance – Iran Economic Sanctions Act are not included with your bid.

Date: Bid Package #:

RFI #: To be Assigned by ELITE COMPANIES Project #:

RFI Subject:

Email To: ryan.long@elite-companies.com

RFI Form

Request:

Possible Solution:

Date: Answered by:

Response:

Battle Creek Public Schools – CHS SECURE ENTRY

RFIs are to be emailed to ryan.long@elite-companies.com utilizing this form.

Drawing(s):

Submitting

Company:

Spec Section: Contractor Name:

Schedule Phone:

Impact:

Cost Impact: E-Mail:

BID SUBMISSION CHECK LIST

BID SUBMISSION REQUIREMENTS:

Bid form consists of 5 part; all parts are required to be completed. All areas to be completed are highlighted in yellow.

Each page is required to be initialed in lower right corner in area provided. Bid form required with one original signature; utilizing the bid form provided.

REQUIRED ATTACHMENTS:

Bid will not be considered/read aloud without the following attachments.

Original Bid Bond or Certified Check

Familial Disclosure

Affidavit of Compliance – Iran Economic Sanctions Act

Initials

BID FORM

BATTLE CREEK PUBLIC SCHOOLS – CHS SECURE ENTRY

SUBMITTED BY: DATE:

(Contracting Firm’s LEGAL NAME)

Having examined and studied the Project Manual dated May 6th, 2020, the Instructions to Bidders, and the other

Contract Documents for the Project and having inspected the Site and noted all conditions governing construction of the Project:

BID PACKAGE: DESCRIPTION:

We hereby propose to furnish all labor, materials and equipment and perform Work described above and listed below, for the following sum(s), which include all applicable taxes.

REQUIRED: Bid Bond, Affidavit of Compliance/Iran Sanctions Act and Familial Disclosure.

PART A:

TOTAL

BASE BID:

BASE BID TYPED:

BOND:

Payment and Performance Bonds:

1. Included in base bid in all packages in excess of $50,000

2. Listed as an alternate in all packages less than $50,000

_______Included in Base Bid

_______ Listed as Alternate

ACKNOWLEDGE:

Receipt of All BRFIs, Addenda, and Clarifications (all need to be listed individually)

BRFIs:

Addendums:

Clarifications:

Other:

TIME OF

COMPLETION:

Calendar Days to Complete

MAN HOURS:

Do not include any office, shop or delivery hours, only on-site hours

CREW SIZE:

Estimated number of persons of average crew size

VENDOR CLASS/ LABOR TYPE:

Indicate if a diversity contractor and type of labor class

Union Open Shop

MBE Veteran Owned

WBE SBE

In the event the Scope of Work changes per request of Owner or Construction Manager, unit prices will apply as agreed upon. Scopes of Work and/or the specifications may ask for unit costs for added/deleted Work. Trade Contractors may be required to submit an additional schedule of unit prices prior to award of a contract. This schedule will be developed by the

Construction Manager, and the prices established by contractor thereon will be the basis for Construction Change Orders.

All Trade Contractors shall include labor and equipment billing rates with the Bid Form.

PART B:

SUBCONTRACTORS AND/OR SUBSIDIARY COMPANIES:

List all Subcontractor and/or subsidiaries to be used in performance of the work and describe the Work to be performed.

Subcontractor and/or

Subsidiary Companies

Description of Work

Diversity

Contractor

Yes/No

Percentage of

Total Lump

Sum Bid

MANUFACTURERS AND/ OR SUPPLIERS:

List all major manufacturers and/ or suppliers to be used in performance of the Work and describe the material/ equipment to be provided by each, including the value of their purchase order:

Manufacturers and/or

Suppliers

Description of Work

Diversity

Contractor

Yes/No

Contract

Value

SUBSTITUTIONS

All bids shall be based upon the proprietary brands specified. Bidders desiring to make substitutions for proprietary brands specified shall list such proposed as a voluntary alternate, together with the amount to be added or deducted from the amounts of the Base Bid.

PART C: UNIT PRICING & BID BREAKDOWN

Include the requested unit pricing and bid breakdown sections from the Scope of Work located in the Project

Manual, complete and include with the bid form.

• If you do not submit with your bid, it will be deemed incomplete and may be rejected.

PLM Bond Rate Percentage:

PART D: LABOR AND EQUIPMENT RATES

The following labor rate calculations form is to be completed in its entirety and included with your bid form and is required for all changes in work. A labor rate is required for all divisions of work to be performed on the job site, i.e. Foreman, Journeyman, Laborer, Apprentice, Cement Finisher, Bricklayer, Plumber, Sheet Metal Worker, etc.

This form is utilized for work added or eliminated from your scope of work during project construction and all labor rates must not exceed rates listed on the standardized pricing form when submitting cost changes.

NOTE: The total hourly rate is not to include allowable mark-up;

1. You must tab through all data entry fields.

2. To enter the PLM Bond Rate Percentage please enter a decimal value. Example ~ for 1% enter 0.01.

3. All fields must have a value entered to calculate correctly. If you do not have a cost, please enter$0.

Bid Package #:

Company Name:

2nd Tier Sub (if applicable):

Work Performed:

Taxable Wages

Total Fringes

Total Payroll Tax & Ins.

Total Hourly Rate**

Wage Expires:

This labor rate sheet must be filled out in its entirety and submitted with Bid Form.

Contract will not be issued prior to completion.

PART E: POST BID INTERVIEW

In the event a post bid interview is to be scheduled, please contact:

Name:

Email:

Phone:

Name:

Email:

Phone:

Position:

Straight Time Time & One

Half

Upon contract completion

PART F:

TIME OF COMPLETION:

Bidders must indicate on Page 1 of Bid Form the calendar days required to complete their Work in the earliest practical manner. Schedules are subject to negotiation and agreement prior to contract award and each bidder will be required to perform its Work in accordance with Construction Manager’s overall schedule. The initial construction schedule is subject to change as set forth in the General Conditions.

1. Contractor hereby acknowledges that all shift and overtime premium required to meet the completion dates is included in the base bid.

2. Bidder estimates on Page 1 of Bid Form the number of man-hours that will be required at the site to complete the work on schedule. (Do not include any office, shop or delivery hours, only site hours).

3. Bidder estimates that on Page 1 of Bid Form the number of persons that will make up the average crew size.

PROPOSAL VALIDATION:

1. The undersigned hereby warrants that all subcontractors and suppliers of work and/or material to him have been advised that no substitution will be considered for proprietary brands specified other than those listed on the Substitution Sheet and authorized prior to award of contract.

3. It is understood and agreed by the undersigned that bids shall not be altered or withdrawn within 60 days from and after the date set for receiving bids.

4. It is understood and agreed by the undersigned that the right is reserved by the Construction

Manager and/or the Owner to accept or reject any and all bids.

5. By submitting this proposal, we hereby acknowledge that the Contract Documents, including the Trade Contract, General Conditions, Project Manual, Drawings and Specifications, all addenda, and insurance requirements will be met without any deviation.

6. It is understood by the undersigned that a detailed Schedule of Values will be provided within 24 hours following the bid due date/time, inclusive of an appropriate breakdown of values as listed on the applicable individual scope of work.

7. It is understood by the undersigned that the awarded bidder will submit their bid development documents, supporting the values submitted on their schedule of values, subsequent to award.

PLEASE FILL OUT COMPLETELY.

Correct Legal Name:

State in Which Incorporated:

Authorized to do Business in State and City/County where Proposed Work is to be Performed:

Yes No

Names and Titles of Officers Authorized to Sign Contracts:

Official Address:

Officer’s signature:

Title: Date:

Fax: Phone:

BATTLE CREEK PUBLIC SCHOOLS

FAMILIAL STATEMENT OF DISCLOSURE

3 W. Van Buren St.

Battle Creek, MI

49017

Dear Ladies and Gentlemen:

I/We, the undersigned, acknowledge by this sworn and notarized statement disclosing any familial relationship (or lack of a relationship) that exists between the Owner or any employee of the bidder and any member of the Board of Education of the BATTLE CREEK PUBLIC SCHOOLS or the Superintendent of the

School District. The District shall not accept a bid that does not include a sworn and notarized disclosure statement.

We have prior familial knowledge of parties involved (attached clarification).

We have no prior familial knowledge of parties involved.

Signature

Company Name

STATE OF

COUNTY OF

This instrument was acknowledged before me on the day of ,20 by .

, Notary Public

County, My Commission Expires:

Acting in the County of:

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below-named bidder (the “Bidder”), pursuant to the compliance certification requirement provided in the BATTLE CREEK PUBLIC SCHOOLS (the “School District”)

Advertisement to Bid (the “Ad to Bid”), hereby certifies, represents and warrants that the Bidder (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 Bidder is awarded a contract as a result of the aforementioned Ad to Bid, the Bidder will not become an “Iran Linked

Business” at any time during the course of performing any services under the contract.

The Bidder 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 an Ad to Bid for three (3) years from the date that it is determined that the person has submitted the false certification.

Bidder:

Name of Bidder

By:

Its:

Date:

STATE OF )

COUNTY OF )

) ss.

This instrument was acknowledged before me on the day of ,20 by .

, Notary Public

County, My Commission Expires:

Acting in the County of:

POST BID REQUIREMENTS

Per the Bid Information following are the requirements post bid:

Part 1:

Upon review of the bids received by the Owner & ELITE COMPANIES, ELITE COMPANIES will contact the appropriate contractor(s) to schedule a post bid interview. Tentative post bid interview schedule attached.

ELITE COMPANIES will email confirmation of your post bid date and time per the contact provided on your bid form. It is requested that your designated Project Manager/Foreman also attend the post bid interview.

Please bring with you to your designated post bid interview:

a. List of References (if requested)

b. Bid breakdown (if not included with bid)

c. Bidders questions and recommendations.

d. Contact Information (attached)

e. Labor Rate Sheet (if not included with bid)

f. Letter from Insurance Carrier stating last 3 years EMR ratings

Part 2:

Upon award you will be required to submit:

a. Schedule of Values

b. Insurance Certificate

c. PLM Bond (if required)

d. Site Specific Safety Plan

PROJECT TEAM CONTACT LIST

DATE:

JOB NUMBER:

PROJECT NAME:

COMPANY NAME:

Please complete all items below and note the same person make function in many roles. In order to receive project communication through Procore, a person must be designated for each role.

NAME

TITLE

ROLE

PHONE

(CELL)

EMAIL

Project Manager

Project Foreman

Project Administrator

RFI Coordinator

Submittal Coordinator

Closeout Coordinator

Insurance Coordinator

Accounting Manager

Safety Officer

Emergency Contact

Quality Control Manager

Trade Contractor Select

Contact

Office Manager

D. TENTATIVE POST-BID INTERVIEW SCHEDULE

Post bids to be held at a location TBD at BCPS campus on May 22nd, 2020, time TBD.

II. CONTRACT

A. TRADE CONTRACT BETWEEN CONSTRUCTION MANAGER & TRADE CONTRACTOR

Subcontract Agreement for Elite Companies, L.L.C.

This Subcontract Agreement (“Agreement”), has an Effective Date of May_______, 2020, and is by and between Elite Companies, L.L.C., a Michigan limited liability company, whose address is 5630 South 1st Street, Kalamazoo, Michigan 49009 (hereinafter “Contractor”), and _______________________________, a Michigan Incorporation (hereinafter “Subcontractor”).

Background

The owner of the real property on which the project is located is ___________________, whose address is _____________________________ (the “Owner”). The Owner’s project (“Project”) is located at _________________________________________ (the “Premises”), the legal description of which is set forth on attached Exhibit A.

Agreement

That the Subcontractor and the Contractor, in consideration of the mutual covenants and agreements herein contained, mutually agree as follows:

Article 1. The Work. The Work to be performed by Subcontractor under this subcontract shall include, but shall not be limited to, the full and complete obligation to provide all labor, materials, equipment, supervision, and all other items necessary to complete the following as per plans and specifications. Hereafter, all of Subcontractor’s obligations to Contractor shall be collectively referred to as the “Work”. Subcontractor shall be responsible for determining and implementing all means and procedures by which the Work described herein is to be accomplished, provided that such means and procedures shall not violate the terms and conditions hereof.

Any written estimates, bids or quotes submitted by Subcontractor, and all, drawings, plans, or specifications for the Project and the Work, as applicable, should be attached to this Agreement, as Exhibit B (collectively the “Plans and Specifications”). Without regard to whether said documents are attached, all agreements between Contractor and Subcontractor and all Plans and Specifications for the Project shall be part of the contract documents (“Contract Documents”) for this Agreement. Subcontractor agrees to perform all Work in full compliance with all Contract Documents.

Article 2, Application of Prime Contract. To the extent that the contract (“Prime Contract”) between Contractor and the Owner may apply to the Work, the Contractor shall assume toward the Subcontractor all obligations and responsibilities that the Owner, under the Prime Contract, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations which the Contractor, under the Prime Contract, assumes toward the Owner and any other person to whom the Contractor may be responsible under the Prime Contract. If there is any conflict between this Agreement and Subcontractor’s obligations (as Contractor) under the Prime Contract, then this Agreement shall control Subcontractor’s rights and obligations; otherwise, the Prime

Subcontract Agreement

Contract and this Agreement shall together form one agreement which binds and benefits Contractor and Subcontractor.

Article 3. Contract Sum. Contractor shall pay to Subcontractor, for complete performance of the Work, the total amount of _______________________________, ($0,000,000.00), subject to additions and deductions pursuant to change orders or as otherwise provided herein (“Contract Sum”).

Article 4. Payment. The Contractor agrees to pay the Subcontractor, for the full and faithful performance of its Work, the Contract Sum upon submittal of pay requests properly submitted on or before the 20th of the month or as requested by the Contractor;

provided, however, that no payments will be due unless the Subcontractor’s rate of progress for the Work completed is satisfactory to the Contractor and as herein agreed upon.

No payment will be due to Subcontractor until the 25th day of the month following the date on which Contractor receives payment from the Owner for the Work for which Subcontractor has requested payment. This Agreement is a “pay if paid” contract.

Subcontractor expressly agrees to accept the risk that it will not be paid for Work performed by it in the event that the Contractor, for whatever reason, is not paid by the Owner for such work. Subcontractor states that it relies primarily for payment for Work performed on the credit and ability of Owner to pay, and not that of Contractor, and thus Subcontractor agrees that payment by the Owner to Contractor for the Work performed by Subcontractor (or its subcontractors, suppliers, or laborers) shall be a condition precedent to any payment obligation of Contractor to Subcontractor. In addition, Subcontractor agrees that the liability of any surety on Contractor’s payment bonds, if any, for payment to Subcontractor, is subject to the same condition precedent.

In addition, notwithstanding the foregoing with respect to the timing of payment and the contingency that Owner pay the Contractor before the Subcontractor is paid. This Agreement is also a “pay when paid” contract and all amounts due by Contractor to Subcontractor hereunder shall not be considered due until at least ten (10) days after the Owner has paid the Contractor for Subcontractor’s Work at the Project.

In the event that the Contractor does not receive all or any part of the payment from the

Owner in respect of Subcontractor’s Work, whether because of a claimed defect or deficiency in the Subcontractor’s Work, insolvency of the Owner, or for any other reason, the Contractor shall not be liable to the Subcontractor for any sums in respect thereto. In the event the Contractor shall incur any cost or expense of any nature in preparing for the prosecution of, and prosecuting any claim against the Owner, whether by means of negotiation, arbitration or legal action, arising out of the Owner’s refusal to pay the Contractor for Work done by the Subcontractor, Contractor shall be entitled to deduct such costs and expenses from the amount due Subcontractor.

It is further understood and agreed that no payments to Subcontractor shall constitute an approval or acceptance of any material or workmanship under this Agreement.

Contractor will retain 10% of each payment due to Subcontractor to insure the satisfactory completion of the Work. In addition, Contractor may deduct, from any amounts otherwise payable to Subcontractor, all charges for services, materials, equipment and other items furnished by Contractor and related to the Work.

Prior to payment to Subcontractor, Subcontractor shall provide to Contractor partial unconditional lien waivers (or full if appropriate) for all subcontractors, suppliers, and laborers who provided any previous Work for the Subcontractor for which Subcontractor received a payment from the previous draw given by Contractor to Subcontractor, and, if requested by Contractor, Subcontractor shall provide conditional waivers of lien for the then current draw payment. In addition, Subcontractor shall also provide to Contractor a sworn statement which lists all of Subcontractor’s subcontractors, suppliers, and laborers as provided under Michigan law. Subcontractor shall also complete any applications for payment required by Contractor, and all other documents related to payment which are requested by the Contractor or required under the law of the state where the Project is located.

Prior to any payment to Subcontractor, the Subcontractor shall provide Contractor with proof, in a form acceptable to Contractor, that Subcontractor has fully paid and discharged all previous claims of its subcontractors, laborers, employees, suppliers and materialmen providing goods and services to, for, through or at the direct or indirect request of Subcontractor, and that Subcontractor has paid all applicable state and local taxes, including sales taxes, federal and state payroll withholding taxes and employment taxes. Contractor and Subcontractor agree that Contractor is authorized to issue checks jointly payable to Subcontractor and any subcontractor, laborer, employee, supplier or materialman providing goods and services on Subcontractor’s behalf, at the sole discretion of Contractor.

Article 5. Commencement/Progress/Completion of the Work. The Subcontractor agrees to begin the Work within Ten (10) working days after being notified by Contractor to begin the Work and to carry on same continuously and expeditiously and to complete the same as stated in the Contract Documents, except for delays due to weather conditions or other conditions beyond the Subcontractor’s control. If the Subcontractor fails to begin the Work within the notice period, the Contractor shall be entitled to deduct $________ per day from the amount due Subcontractor hereunder, such amount to be deducted from the first payment which shall become due. If the Subcontractor shall not begin the Work within Ten (10) calendar days after the end of the notice period, then Contractor shall be entitled to terminate the Agreement, without further obligation or liability to the Subcontractor, and hire another subcontractor to complete the Work.

Subcontractor’s Work shall be considered substantially complete when the Work is completed in accordance with the Contract Documents, as amended or modified by any written change orders, and after all punch list items have been completed. The parties agree that the Work shall be substantially completed as defined above by not later than latest revised schedule at that time. If Subcontractor fails to substantially complete the

Work by said date, the Subcontractor shall be liable to Contractor for a late fee in the sum of __________________________________ ($_________) Dollars per week (or any portion thereof) for each week (7-day period) after ______________________, in which the Work has not been completed pursuant to this Article. The late fee shall not be deemed to be a penalty under the applicable state law and is deemed to be liquidated damages because the parties acknowledge that the damages suffered by Contractor and caused by subcontractor will be difficult to measure.

The Subcontractor shall promptly remove from the Premises all materials related to the Work condemned by the Contractor as failing to conform to the Contract Documents for the Project, and the Subcontractor shall promptly replace and re-execute its own Work in accordance with this Agreement, without expense to the Contractor, and shall bear the expense of making good all portions of the Project destroyed or damaged by such removal or replacement.

Before substantial completion of the Project can occur, the Contractor shall have the right to complete a written “punch list” of items which, in Contractor’s opinion, must be completed or repaired based upon the Contract Documents. Within a reasonable time, Subcontractor shall complete all said items. The punch list shall not operate to extend the time for Subcontractor to substantially complete its Work under this Agreement.

A final payment, consisting of the unpaid balance of the Contract Sum 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 any architect for the Project; (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 Plans and Specifications to the Contractor; and (e) delivery of all guarantees, warranties, bonds, instruction manuals, as-built drawings and similar items required by the Agreement between Owner and Contractor and/or this Agreement

Neither the final certificate, nor final payment, nor any provision in the Contract Documents, shall relieve the Subcontractor of responsibility for faulty materials or workmanship and, unless otherwise specified, it shall remedy any defects in the Work and any damages caused to other work resulting therefrom, which shall appear within a period of one (1) year from the date of the final payment to Subcontractor.

If the Contractor deems it expedient not to correct Work damaged, incomplete, or not completed in accordance with this Agreement, then an equitable deduction from the Contract Sum shall be made therefor.

The Subcontractor expressly covenants and agrees to keep himself thoroughly informed as to the progress of the job and to cooperate with the Contractor to schedule and prosecute the Work continuously and uninterruptedly with all possible speed, and to complete the entire Work covered by this Agreement at such time as not to interfere with or delay performance of the Prime Contract or the work of any other contractor or subcontractor. Subcontractor shall indemnify and hold Contractor harmless of and from any claim, demand, cause of action or expense, including court costs and attorney’s fees, arising out of, or in connection with, an alleged failure by Subcontractor to strictly comply with the provisions of this Article.

Should the Subcontractor fail to prosecute the Work as provided herein, thereby causing delay in the progress of the Project or delay to the Work of the Contractor and/or others, then 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 subcontractors working on the Project.

Subcontractor represents that it has carefully inspected the Project Site and examined the Plans and Specifications and other Contract Documents and the applicable provisions of the Agreement between Owner and Contractor and is familiar with and has satisfied itself as to the nature, location and amount of the Work, Subcontractor’s access thereto, Subcontractor’s ability to perform the Work, local code requirements applicable to the Work and requirements of permits and inspections, safety and barricade requirements, the terms and conditions of applicable collective bargaining agreements, the terms of this Agreement and all incorporated documents as well as the quality, quantity and availability of labor, materials, equipment and facilities and other items required for the performance of the Work and the limiting physical and other conditions which may be encountered in the performance of the Work and assumes all risks therefrom.

Article 6. Indemnity. Subcontractor hereby releases and discharges and shall indemnify, defend and hold Contractor, and its subcontractors, suppliers, laborers, employees, subsidiaries and affiliates, and the officers, agents, employees, successors and assigns, and authorized representatives of said parties (collectively, all such parties related to either party shall be referred to herein as “associated parties”), harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys fees, costs and expenses of whatsoever kind of nature, whether arising before or after completion of the Work hereunder and in any manner directly or indirectly caused, occasioned, or contributed to, in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence of Subcontractor, its subcontractors, suppliers, laborers, or of anyone acting under their direction or control or on their behalf in connection with or incidental to the performance of the Work. Subcontractor’s release, indemnity and hold harmless obligations hereunder shall apply even in the event of the fault or negligence, whether active or passive, or the negligence of the Contractor and its associated parties, but in no event shall they apply to the liability caused by the willful misconduct of the Contractor and its associated parties. To the extent that claims have arisen between Contractor and Subcontractor pursuant to the terms of this paragraph on the date the Work is completed, final settlement between the Contractor and Subcontractor shall be deferred until such claims are adjusted or litigated, but without penalty to Contractor, including, but not limited to, the accrual of interest on any amounts found due by Contractor to Subcontractor.

Article 7. Security. The Subcontractor shall secure the Work and shall bear and be liable for all loss and/or damage of any kind in connection therewith at any time prior to the final completion and acceptance thereof, unless said loss or damage is caused by negligence of the Contractor. The Subcontractor agrees to indemnify and hold the Contractor and its associated parties harmless from any loss or damage which might result from Subcontractor’s failure to comply with the provisions of this Article.

Article 8. Materials and Employees. Unless otherwise specified, all materials shall be new, and both workmanship and material shall be of good quality and as specified in the Contract Documents. Subcontractor shall, if required, furnish satisfactory evidence as to kind and quality of materials. The Subcontractor shall enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the work assigned to him.

Article 9. Subcontractor’s Supervision. During the course of the Work, Subcontractor shall hire and keep on the work site a designated superintendent satisfactory to Contractor. Subcontractor’s designated superintendent shall represent Subcontractor in his absence and all directions given by or to said superintendent shall be as binding as if given to Subcontractor. Subcontractor’s superintendent shall give efficient supervision to the Work using his best skill and attention. The superintendent shall carefully study and analyze all Plans and Specifications, and all other Contract Documents and shall at once report to Contractor, in writing, any error, inconsistency or omission which it may discover. The Subcontractor assumes responsibility for correcting, at its sole expense, all such errors, inconsistencies or omissions which relate to the Work which are not timely reported to the Contractor.

Article 10. Changes in the Work. No changes, additions or deletions in the scope of the

Work invalidate this Agreement. All extra work, or changes to the Work, or changes to the time given to Subcontractor for Subcontractor to complete the Work, shall be performed pursuant to a written change order or no adjustments shall be granted.

Notwithstanding the foregoing, Contractor shall have authority to make minor changes in the Work, not involving extra cost, and not inconsistent with the purposes of the Work, and Subcontractor shall comply with such changes.

Article 11. Waiver of Delay Damages and Acceleration Costs. Subcontractor waives and relinquishes, and does hereby release and discharge, Contractor from any and all claims, demands or causes of action for costs incurred by Subcontractor due to Contractor’s acceleration of the progress of the Work (except to the extent…