BID 9896 Pool Equipment - Rebid - BP#26A Project Manual.pdf

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BID 9896 Pool Equipment - Rebid - BP#26A
Solicitation number
RFP TSD 200000000418 1
Issued by
Berrien County, Michigan

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BID 9896 Pool Equipment - Rebid Summary

This is a Project Manual for a state contract opportunity issued by Troy School District (a Michigan public entity) in conjunction with Barton Malow Company serving as Construction Manager. The project involves the replacement of swimming pool equipment and scaffolding at Athens High School as part of the Troy School District 2013 Bond Program (BP#26A). Three bid categories are identified: Scaffolding (015423), Tile (093100), and Swimming Pool Equipment (131500). The project manual was issued December 3, 2019, with bids due December 18, 2019 at 2:00 PM EST through Building Connected electronic submission. A pre-bid conference and walk-through was scheduled for December 11, 2019 at 8:00 AM. The milestone schedule designates May 1, 2020 through August 21, 2020 for day-shift work in the Athens High School pool area. Successful bidders will be required to enter into an agreement with Troy School District on AIA Document 132 form and furnish Performance and Payment Bonds equal to 100% of the contract price.

Bid security of 5% of the Base Bid amount is required at submission time in the form of a bid bond, certified check, or cashier's check, with bid proposals held open for 45 days after the bid date. The project is subject to applicable state sales and use taxes, which bidders must include in their proposals. Barton Malow Company's Contractor Insurance Requirements (PRO 15.14) govern the project, requiring commercial general liability coverage with a $2,000,000 general aggregate limit, $1,000,000 per occurrence limit, and $1,000,000 products-completed operations aggregate, along with Workers' Compensation, Automobile Liability, and other specified coverages. The Owner (Troy School District) reserves the right to reject any or all bid proposals and to waive informalities or irregularities. All bid proposals must include a sworn and notarized familial disclosure statement and Iran Economic Sanctions Act certification in accordance with Michigan law. Addendum No. 1 was scheduled to be issued December 12, 2019.

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Troy School District

Bond Projects BP#26A – Athens HS

Swimming Pool Equipment and

Scaffolding

PROJECT MANUAL

Issued: Dec 3, 2019

BIDS DUE: DECEMBER 18, 2019 at 1PM

Barton Malow Company Troy School District 2013 Bond Program

SECTION 00010 – Table of Contents 00010-3 ISSUE DATE: December 3, 2019

SECTION 00010

TABLE OF CONTENTS

INTRODUCTORY INFORMATION ISSUE DATE

00001 Project Manual Cover (Cover Sheet) Dec 3, 2019

00010 Table of Contents Dec 3, 2019

00015 Listing of Documents Dec 3, 2019

00030 Information and Identities Dec 3, 2019

BIDDING REQUIREMENTS

00100 Advertisement to Bid Dec 3, 2019

00200 Instructions to Bidders Dec 3, 2019

00210 Description of Work/Special Provisions Dec 3, 2019

00220 Work Scopes

BID CATEGORIES

015423 Scaffolding

093100 Tile

131500 Swimming Pool Equipment

12/3/19

00410

00230

Familial Relationship Enclosure Form/Iran Economic Act Cert

Schedule and Phasing

Dec 3, 2019

CONTRACTING REQUIREMENTS ISSUE DATE

00500 Agreement Form (Contract) Dec 3, 2019

00810 On-Site Project Safety and Loss Control Program Dec 3, 2019

00840 Hazardous Materials Dec 3, 2019

00880 Regulatory Requirements Dec 3, 2019

DIVISION 1 GENERAL REQUIREMENTS

01140 Use of Premises Dec 3, 2019

01250 Changes in the Work Dec 3, 2019

01290 Payment Procedures Dec 3, 2019

01310 Meetings Dec 3, 2019

01320 Communications Dec 3, 2019

01330 Submittals Dec 3, 2019

01360 Coordination (General) Dec 3, 2019

01370 Coordination Drawings Dec 3, 2019

01400 Quality Requirements Dec 3, 2019

01450 Testing and Inspection Services Dec 3, 2019

01500 Interim Life Safety Plan Dec 3, 2019

01520 Temporary Construction Dec 3, 2019 01530 Field Engineering and Layout Dec 3, 2019

SECTION 00010 – Table of Contents 00010-4 ISSUE DATE: December 3, 2019

01540 Cutting and Patching Dec 3, 2019

01550 Clean-up and Final Cleaning Dec 3, 2019

01600 Forms Dec 3, 2019

01630 Product Substitutions Dec 3, 2019

01700 Contract Close-out Dec 3, 2019

01720 Project Record Documents Dec 3, 2019

01730 Operations and Maintenance Data Dec 3, 2019

01740 Warrantees and Guarantees Dec 3, 2019 01750 Systems Demonstration, Training and Start-up Dec 3, 2019

OTHER DOCUMENTS ISSUED FOR BID PACKAGE

Division 0 Conditions of The Contract and Division 1 General Requirements are found in the Project Manual, included herein

Project Manual issued by Barton Malow Company dated Dec 3, 2019.

TMP Associates Technical Specifications dated October 9, 2019.

TMP Associates Drawings dated October 9, 2019.

SECTION 00030 – INFORMATION AND IDENTITIES

00030-1 ISSUE DATE: December 3, 2019

SECTION 00015

Listing of Drawings

LIST OF DRAWINGS

See Title Sheets TS.1

SECTION 00030 – INFORMATION AND IDENTITIES

00030-2 ISSUE DATE: December 3, 2019

SECTION 00030

INFORMATION AND IDENTITIES

This Project Manual has been prepared by CM and contains the Bidding and Contract Requirements for Troy School

District – Bond Projects BP#26 project in Troy, MI

PROJECT: Troy School District

Bond Projects BP#26

CONSTRUCTION MANAGER:

(Direct all Questions to CM)

Barton Malow Company

1140 Rankin Drive

Troy, MI 48083

Christa Amalio

Phone: 586.295.1412

Email: Christa.Amalio@bartonmalow.com

OWNER:

Troy School District

1140 Rankin Drive

Troy, MI 48083

ARCHITECT:

TMP Architecture

1191 W. Square Lake Road

Bloomfield Hills, MI 48302

Phone: (248) 338-4561 mailto:Christa.Amalio@bartonmalow.com

SECTION 00100 – Advertisement to Bid 00100-1 ISSUE DATE: Dec 3. 2019

SECTION 00100

ADVERTISEMENT TO BID

Troy School District requests Bid Proposals for Troy School District – Bond Projects BP#26. Bid Proposals will be received electronically through Building Connected on Tuesday, December 18th at 2:00PM EST. All Proposals shall be submitted through Building Connected, for instructions on how to submit a bid please follow this link:

https://buildingconnected-community.force.com/s/article/How-to-submit-your-bid-directly-through-BuildingConnected

1. Proposals shall be based on the requirements set forth in the Project Manual by Barton Malow Company dated

Dec 3, 2019; Addendum No. 1 by Barton Malow Company will be dated December 12, 2019; the bid set drawings issued by TMP Architecture on October 9, 2019 and the specifications manual dated October 9, 2019.

2. Link to the Barton Malow Public Planroom:

https://app.buildingconnected.com/public/55a1292ff1a96708004a19dc

3. Accepted Bidders will be required, as a condition precedent to award of Contract, to furnish in the amount of

100% of the contract price, satisfactory Performance Bond and Payment Bond and Certificates of Insurance as required in the Project Manual.

4. Unless otherwise specifically set forth in Section 00880 of the Project Manual, this Project is subject to state sales and/or use taxes and Bidder is required to include such taxes in its Bid Proposal.

5. Barton Malow Company has been contracted by the Owner in the capacity of Construction Manager for the

Project, and as such has the rights and obligations set forth in its contract with the Owner for those services, and shall act as representative of the Owner to the extent required/allowed under its Owner contract.

6. Bid Proposals will be publicly opened Tuesday, December 18th at 2:00PM EST, evaluated by the Owner and

Barton Malow Company, Owner and the Architect, with recommended awards subsequently made by Barton

Malow Company. The Owner shall not open, consider, or accept a Bid Proposal that is received after the date and time specified for bid submission in this Advertisement for Bids.

7. pre-bid conference / walk through will be held on December 11th at 8:00AM. Please contact Barton Malow

Company if you would like to walk through the building(s) at an alternate day/time.

8. Bid Proposals shall be submitted through Building Connected. Bidders will be required to submit with their Bid

Proposals a Bid Security by a qualified surety authorized to do business in the state where the Project is located, an

OSHA Form 300 for the most recent completed year, their worker's compensation Experience Modification Rate

(EMR) factor, familial disclosure form, iran sanctions form, and any other information required in the Instructions to Bidders. Bidders shall not withdraw Bid Proposals for a period of Sixty (60) Days after date for receipt of Bid

Proposals.

9. The successful Bidder(s) will be required to enter into an agreement with Owner on the Agreement Form identified in Section 00500 of the Project Manual.

10. The right to reject any or all Bid Proposals, either in whole or in part, or to waive any informalities or irregularities therein is reserved by the Owner.

11. All Bid Proposals shall be accompanied by the sworn statement included in Section 00410 of the Project Manual, in accordance with MCL 380.1267, disclosing any familial relationship that exists between the owner(s) or any employee of the Bidder and any member of the board of trustees. Bid Proposals that do not include this sworn and notarized disclosure statement shall not be accepted.

BARTON MALOW COMPANY

END OF SECTION 00100

https://buildingconnected-community.force.com/s/article/How-to-submit-your-bid-directly-through-BuildingConnected

SECTION 00200 – Instructions to Bidders 00200-1 ISSUE DATE: Dec 3, 2019

SECTION 00200

INSTRUCTION TO BIDDERS

1. BIDDING PROCEDURE

1.1. FORM AND STYLE OF BIDS

1.1.1. Bid Proposals shall be submitted using Building Connected.

1.2. BID SECURITY

1.2.1. Bid security in the form of a bid bond issued by a qualified surety, certified check or cashier's check in the amount of five percent (5%) of the Base Bid amount will be required at the time of submission of the Bid Proposal. Bid bonds shall be duly executed by the Bidder, as principal and by a surety that is properly licensed and authorized to do business in the state in which the Work is to be performed. All sureties providing bonds for this Project must be listed in the latest version of the Department of Treasury’s Circular 570, entitled “Companies Holding Certificates of

Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”, with the bond amount less than or equal to the underwriting limitation, and/or have an A.M. best rating of A- or better.

1.2.2. Bid bond shall pledge that the Bidder, with the understanding that if its Bid Proposal is accepted, will enter into the Agreement with the Troy School District for any of the Bid Category(ies) accepted from its Bid Proposal and will, if required, furnish performance and payment bonds covering the faithful performance of the Agreement and the payment of all obligations arising there under. The attorney-in-fact, who signs the surety bond must submit along with the bond, a certified and effectively dated copy of his/her power of attorney.

1.2.3. Bid bond form AIA Document A310 unmodified, is approved for use on this Project.

1.2.4. The bid security obligees shall be Troy School District and the amount of the bid security shall become its property in the event that the Bidder fails, within fifteen days of notice of award or receipt of the Agreement form, to execute the Agreement, and deliver the performance and payment bonds as described in the Project Manual, section 00610. In such case, the bid security shall be forfeited to the Troy School District as liquidated damages, not as a penalty.

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

1.2.6. Bid security will be returned to the successful Bidders after the Agreement has been executed, and acceptance of required performance and payment bonds. The bid security of Bidders that are not under consideration for award of the Agreement will be returned to those Bidders.

1.3. SUBMISSION OF BIDS

1.3.1. All Barton Malow K-12 and Community College projects can be bid electronically. Visit the Barton

Malow planroom to see all of our projects out for bid. Please contact the Barton Malow project teams for additional information.

1.4. MODIFICATION OR WITHDRAWAL OF BID PROPOSAL

1.4.1. With electronic sealed bidding, you can ensure that all bids are kept confidential until the bid due date and time. Subcontractors will be able to submit and revise their bids right up to the bid due date and time, but no revisions or new bids will be accepted after the deadline has passed. Click here for additional information on electronic sealed bidding.

1.5. OPENING OF BIDS

1.5.1. Bid Proposals received on time will be opened publicly

1.5.1.1. Bid Proposals shall be held open and irrevocable for forty five (45) days after the date for receipt of bids.

00200-2 ISSUE DATE: Dec 3, 2019

1.6. REJECTION OF BIDS

1.6.1. The Troy School District reserves the right to reject any or all Bid Proposals in accordance with all applicable laws.

1.7. ACCEPTANCE OF BID (AWARD)

1.7.1. It is the intent of the Troy School District to award the Agreement to the Lowest Responsive and

Responsible Bidder in accordance with the Bidding Documents. The Troy School District shall have the right to waive any informality or irregularity in any Bid Proposal received and to accept Bid Proposals which, in its judgment, are in its own best interest.

1.7.2. The Troy School District shall have the right to accept Alternates in any order or combination and to determine the low Bidder on the basis of the sum of the Base Bid, Voluntary Alternates and Alternates accepted.

2. DEFINITIONS

2.1. Capitalized terms used in this Project Manual shall have the meanings set forth below. If a capitalized term is used herein but not defined in this Section, 00200, Part 1, it shall have the meaning set forth in the

Contract Documents.

2.2. “Addenda” means the written and graphic instruments issued by the Architect and/or CM prior to the execution of the Agreement that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

2.3. “Agreement” means the document defined in the Project Manual, including all other documents incorporated by reference in the Agreement.

2.4. “An Alternate Bid” (or “Alternate”) is an amount stated in the Bid Proposal to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding

Documents, is accepted.

2.5. “Architect” means the person or entity listed in section 00030 of the Project Manual and may include professional engineers if so designated.

2.6. “Base Bid” is the sum stated in the Bid Proposal for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added to or deducted from for sums stated in Alternate Bids.

2.7. A “Bidder” is a person or legal entity that submits a Bid Proposal in conformance with the Bidding

Documents. After award of the Agreement, the Bidder will be referred to as Contractor. All Contractors on this project are considered prime/principal contractors.

2.8. “Bid Categories” are units of Work performed by a Contractor and its Subordinate Parties which form part of the total Project. The term “Bid Category” should not be confused with the term “Technical

Section”. Technical Sections of the Specification establish quality and performance criteria, and the Bid

Categories designate work scope and assignment.

2.9. “Bidding Documents” means the Bidding Requirements, the Contract Documents, and the Reference

Documents collectively.

2.10. A “Bid Package” means a series of Bid Categories that are released for bidding in the same set of Bidding

Documents.

2.11. “Bidding Requirements” include the Advertisement to Bid, Instructions to Bidders, Information

Available to Bidders, and Bid forms and supplements.

2.12. “Bid Proposal” is a complete and properly signed proposal to do the Work of an individual Bid

Category(ies) for the sums stipulated therein, submitted in accordance with the Bidding Documents.

2.13. The “Contract Documents” consist of all Contracting Requirements set forth in the Project Manual, including, but not limited to, the Contract Forms (the Agreement, Performance/Payment Bonds, and

Certificates), the Conditions of the Contract (General, Supplementary or Special), the General

00200-3 ISSUE DATE: Dec 3, 2019

Requirements of the Project Manual, the Technical Specifications, Drawings, and all other documents incorporated into the Agreement by reference, all Addenda issued prior to and all modifications issued after execution of the Agreement.

2.14. “Contractor” means the entity to which the Owner issues a contract for performance of the Work.

2.15. “Day” means calendar day, unless otherwise defined in the particular Contract Document.

2.16. “Hazard Communications Program” means Contractor’s own hazard communications program that will govern project safety for its Work. The Hazard Communications Program must be submitted to CM by each successful Bidder before commencing Work and be no less stringent than Section 00810 - On Site

Safety and Loss Control Program.

2.17. “Hazardous Materials” means asbestos; asbestos containing material; lead (including lead-based paint);

PCB; molds; any other chemical, material, or substance subject to regulation as a hazardous material, hazardous substance, toxic substance, or otherwise, under applicable federal, state, or local law; and any other chemical, material, or substance that may have adverse effects on human health or the environment.

2.18. “Lowest Responsive, Responsible Bidder” means a Bidder Who’s Bid Proposal conforms in all material aspects to the terms, conditions, specifications and requirements of the solicitations and who has demonstrated the ability to properly perform the Work.

2.19. “MBE/WBE/SBE” means Minority Owned Business Enterprise/Women Owned Business Enterprise/

Small Business Enterprise as these terms are defined in the applicable ordinances and laws governing the

Project.

2.20. “Project Safety Program” means the Contractor’s site safety program that will govern project safety for its Work. The Project Safety Program must be submitted to CM by each successful Bidder before commencing Work and be no less stringent than Section 00810 - On Site Safety and Loss Control Program.

2.21. “Reference Documents” are drawings that do not form a part of the Contract Documents and are included in the Bidding Documents as a courtesy only. The Bidder is not entitled to rely upon the accuracy of the Resource Drawings and they are not warranted to be correct or reliable by the Owner or

CM. The Bidder is expected to have conducted its own investigation into the reliability or accuracy of any Reference Documents, and no adjustment to the Base Bid shall be made if such request arises or results from the Bidder’s failure to conduct such investigation.

2.22. “Subordinate Parties” means all of Contractor’s employees, workers, laborers, agents, consultants, suppliers or subcontractors, at any tier, who perform, assist with, or otherwise are involved in any of the

Work.

2.23. A “Unit Price” is an amount stated in the Bid Proposal as a price per unit of measurement for materials or services as described in the Bidding Documents or in the proposed Contract Documents.

2.24. The “Work” includes all work and responsibilities performed or to be performed by Contractor under the

Subcontract.

3. PART 2 - BIDDERS REPRESENTATIONS

3.1.1. The Owner reserves the right to request qualification forms or additional information from any

Bidder before issuing documents, receiving Bid Proposals or awarding an Agreement. The Owner may, at their sole discretion, accept or reject Bidders as qualified. The right to waive any informalities or irregularities in qualification materials is reserved by the Owner.

3.2. BIDDER BY MAKING ITS BID REPRESENTS THAT:

3.2.1. Bidder has carefully read, reviewed and understands the Bidding Documents and its Bid

Proposal is made in accordance therewith.

3.2.2. Bidder’s Bid Proposal is based upon the materials, systems, equipment, terms and conditions required by the Bidding Documents without exception.

3.2.3. Bidder certifies that it:

00200-4 ISSUE DATE: Dec 3, 2019

3.2.3.1. has examined the Project site;

3.2.3.2. has carefully reviewed the Bidding Documents

3.2.3.3. has compared its examination of the Project site with the Bidding Documents;

3.2.3.4. is satisfied as to the condition of the Project site, any surface or subsurface obstruction, the actual levels, and all excavating, filling in, removal and demolition, measurements and quantities involved in the Work;

3.2.3.5. is familiar with weather conditions of the Project area;

3.2.3.6. has taken account of all of these factors in preparing and presenting its Bid Proposal.

3.2.4. Bidder further certifies that it

3.2.4.1. has fully acquainted itself with the character and extent of the Owner's, CM’s and other Contractor 's operations in the area of the Work

3.2.4.2. has taken account of coordination of operations of others in its construction plans set forth in the Bid Proposal.

3.2.5. No change orders will be issued to the Contractor for or on account of costs or expenses occasioned by its failure to comply with the provisions of this paragraph, or by reason of error or oversight on the part of the Contractor, or on account of interferences by the Owner's, CM’s or other contractor's activities.

3.2.6. The Bidder, by submitting its Bid Proposal, represents that it has carefully reviewed the project schedule, along with the related requirements of the Project’s Schedule and Phasing, and acknowledges that these are acceptable and have been taken into account in preparing its Bid

Proposal.

4. BIDDING DOCUMENTS

4.1. COPIES

4.1.1. Bidders shall use complete sets of Bidding Documents in preparing Bid Proposals. Neither the

Owner, CM nor the Architect shall be responsible for errors, omissions or misinterpretations resulting from the Bidder’s use of partial sets of Bidding Documents.

4.1.2. Copies of the Bidding Documents are being made available for the purpose of obtaining Bid

Proposals for the Work only. Bidders shall not use the Bidding Documents for any other purpose. Neither the Owner, CM nor the Architect warrants the completeness and/or adequacy of the Bidding Documents.

4.2. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

4.2.1. Bidder shall promptly notify the Barton Malow Company of all ambiguities, inconsistencies, or errors that it may discover upon examination of the Bidding Documents or upon examination of the Project site and local conditions. Bidders requesting clarification or interpretation of the

Bidding Documents shall make a written request, which shall reach Barton Malow Company at least 5 days prior to the date for receipt of Bid Proposals. Direct all questions to:

Contact Name: Christa Amalio

Address: 1140 Rankin

City, State, Zip: Troy, MI, 48098

Phone: 586.295.1412 Email: Christa.Amalio@bartonmalow.com

4.2.2. Any interpretation, correction, or change of the Bidding Documents will be made by Addendum and/or Bid Clarification. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes. Advertisement to Bid mailto:Christa.Amalio@bartonmalow.com

00200-5 ISSUE DATE: Dec 3, 2019

4.3. ADDENDA and/or BID CLARIFICATIONS

4.3.1. Addenda and/or Bid Clarifications will be distributed to all who are known by CM to have received a complete set of Bidding Documents. Copies of Addenda and/or Bid Clarifications will be made available for inspection wherever Bidding Documents are on file for that purpose.

4.3.2. No Addenda or Bid Clarifications will be issued later than 3 days prior to the date for receipt of

Bids except an Addendum or Bid Clarification withdrawing or postponing the request for Bid

Proposals.

4.4. ALTERNATES

4.4.1. Each Bidder must bid on all Alternates listed in the Bid Proposal that are applicable to its Bid

Category. Alternates will be fully considered in awarding the Agreement.

4.4.2. The Owner shall be allowed a period of 90 Days after date of receipt of the Bid Proposals to exercise the right to accept or reject any or all Alternates submitted on the Bid Proposal.

4.4.3. Successful Bidders shall perform all Work required for complete execution of accepted Alternates, and the Bid Proposal shall include all overhead and profit for the Work required.

4.5. VOLUNTARY ALTERNATES

4.5.1. All Bid Proposals must be based upon the Bidding Documents. In addition to a Base Bid

Proposal, the submission of Voluntary Alternates is acceptable and encouraged. If a Voluntary

Alternate is submitted for consideration, it shall be expressed on the Bid Form as an add or deduct amount from the Base Bid. The [Owner or Owner and CM] reserve the right to unilaterally accept or reject Voluntary Alternates and to determine if the Voluntary Alternates will be considered in the awarding of the Agreement.

4.6. UNIT PRICES

4.6.1. Each Bidder must bid on all Unit Prices listed in the Bid Proposal that are applicable to its Bid

Category. Unit Prices will be fully considered in awarding the Agreement.

4.6.2. Successful Bidders shall perform all Work required for complete execution of accepted Unit Prices, and such Unit Prices shall include all overhead and profit for the Work required.

4.7. NO DISCRIMINATION

4.7.1. All Bidders shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, age, marital status, sexual orientation, or disability and in conformance with local, state and federal laws, regulations and ordinances.

4.7.2. In regard to any Agreement entered into pursuant to this Bid Package, minority and women owned business enterprises will be afforded full opportunity to submit Bid Proposals and will not be discriminated against on the grounds of race, color, religion, sex, national origin, age, marital status, sexual orientation, disability or any other status protected by applicable law.

4.8. To the extent that these Instructions to Bidders and applicable public bidding laws, rules, regulations or ordinances conflict with each other, the provisions of the applicable bidding laws, rules, regulations or ordinances shall govern.

4.9. The Owner expects all supplies, materials equipment or products proposed by a Bidder to meet or exceed the Specifications set forth in the Bidding Documents. Further, it is the Owner’s intent that the Bidding

Documents permit competition. Accordingly, the use of any patent, proprietary name or manufacturer’s name is for demonstrative purposes only and is not intended to curtail competition. Whenever any supplies, material, equipment or products requested in the Bidding Documents are specified by patent, proprietary name or by the name of the manufacturer, unless stated differently, such specification shall be considered as if followed by the words “or comparable equivalent,” whether or not such words appear.

The Owner, in its sole and absolute discretion, shall have the right to determine if the proposed equivalent products/brands submitted by Bidder meet the Specifications contained in the Bidding Documents and possess equivalent and/or better qualities. It shall be the Bidder’s responsibility to notify the Owner in

00200-6 ISSUE DATE: Dec 3, 2019 writing if any Specifications or suggested comparable equivalent products/brands require clarification by the Owner prior to the Due Date for Bid Proposals.

5. POST BID INFORMATION

5.1. POST BID INFORMATION

5.1.1. After the Bids are received, tabulated, and evaluated, the apparent low Bidders when so requested shall meet with CM at a post-bid meeting for the purposes of determining completeness of scope and any contract overlaps or omissions. If requested, the Bidder shall submit additional information as requested by CM. The Bidder will provide the following information at the post-bid meeting:

5.1.1.1. Designation of the Work to be performed by the Bidder with its own forces including manpower for the Contractor and that of its Subordinate Parties.

5.1.1.2. Detailed cost breakdown of the Bidder’s Bid Proposal including labor, equipment and material unit prices.

5.1.1.3. A list of names of the Subordinate Parties proposed for the principal portions of the

Work.

5.1.1.4. The proprietary names and suppliers of principal items or systems of materials and equipment proposed for the Work.

5.1.1.5. The names and backgrounds of the Bidder’s key staff members including foremen and assistants. Bidder shall be requested to establish the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the

Bidding Documents.

5.1.1.6. Commitment to construction schedules, identification of items requiring long lead deliveries and manpower information in accordance with Section 00230 of the

Project Manual.

5.1.1.7. Signed safety program compliance, as described in the Contract Documents

5.1.2. Prior to award of the Agreement, CM will notify the Bidder if either the Owner, the Architect, or CM, after due investigation, has reasonable objection to any proposed Subordinate Party. If the Owner, Architect or CM has reasonable objection to any proposed Subordinate Party, the

Bidder may, at its option: (1) withdraw its Bid Proposal; or (2) submit an acceptable substitute

Subordinate Party with an adjustment in its bid amount to cover the difference in cost occasioned by such substitution. The Troy School District, may, at its discretion, accept the adjusted bid amount or it may disqualify the Bidder. In the event of either withdrawal or disqualification under this Subparagraph, bid security will not be forfeited, notwithstanding the terms in the Instructions to Bidders.

5.1.3. Upon the Award of the Agreement, the Contractor shall submit to CM a complete list of all items, products, and layouts for which shop drawings, brochures, or samples are required; name of each Subordinate Party; and date of planned submission.

5.1.4. The Bidder will be required to establish to the satisfaction of CM, Owner and Architect, the reliability and responsibility of the Subordinate Parties proposed to furnish and perform the

Work described in the Bidding Documents.

END OF SECTION 00200

SECTION 00210 – Description of the Work/Special Provision 00210-1 ISSUE DATE: Dec 3, 2019

SECTION 00210

DESCRIPTION OF THE WORK/SPECIAL PROVISIONS

1. GENERAL

1.1. RELATED DOCUMENTS

1.1.1. All Bidders shall review all of the Bidding Documents, all Bid Category Work descriptions and all Contract Documents, immediately advise CM of any adverse factors, conflicts or ambiguities that might affect the execution of Work of this Bid Package. Each Bidder is responsible to review all Bid Category descriptions and Contract Documents and coordinate the Work accordingly. Each Bidder shall incorporate into its Bid Proposal the cost of coordination of the

Work with the requirements of all related Contract Documents, as shown, specified, or required.

1.1.2. Each Bidder shall thoroughly examine all of the Bidding Documents for the Work of all trades so as to familiarize itself both with the Work required under its Bid Category(ies) and with

Work required under all other Bid Categories.

1.1.3. The Bidder shall perform all Work reasonably inferable from the Bidding Documents to produce the intended results. Bidders are required to visit and examine the Project site and may arrange the visit through CM.

1.1.4. A complete set of bid documents are available at CM’s office

1.2. PROJECT DESCRIPTION

1.2.1. The scope of work includes Athens swimming pool equipment replacement and scaffolding.

Specific Bid Category/Work Scope descriptions are found in Section 00220.

1.3. SUMMARY OF THE BID CATEGORIES/WORK SCOPES

1.3.1. The following is a listing of Bid Categories for this project. All work relative to the Bid

Package is identified on plans and specifications as prepared by the Architect. Each Bid

Category description identifies the scope of Work to be performed by the Bidder as designated by CM.

BID CATEGORIES

015423 Scaffolding

131500 Swimming Pool Equipment

1.4. SPECIAL PROVISIONS

1.4.1. The following special provisions form a part of each Bid Category Work Scope and apply to each Contractor’s Scope of Work found in Section 00220.

1.4.2. The Bid Category/Work Scopes should in no way be construed as being all inclusive. The

Work Scope is issued as a guide to aid in the assignment of Work. If conflict regarding assignment of Work exists between the drawing notes and these descriptions, the Description of the Work and Bid Category/Work Scopes will take precedence. The Contractor shall carefully

00210-2 ISSUE DATE: Dec 3, 2019 review and compare the Drawings and Specifications with the Work Scopes, and if a conflict exists, the Contractor shall immediately notify CM in writing. The Bid Category numbers and the specification section numbers are not, in all cases, identical.

1.4.3. Bidders are required to bid the entire Bid Category. Bids will only be accepted for individual

Bid Categories. A Bidder may bid more than one Bid Category. Combined bids covering several Bid Categories will not be accepted, unless separate bid amounts are listed for each Bid

Category making up the combined bid amount. Review the “Instructions to Bidders” in Section

00200 for specific Bid Proposal instructions.

1.4.4. Each Bidder shall review the schedule enclosed in the Bidding Documents, and be prepared to review at the post-bid meetings a schedule for the engineering, fabrication, delivery and installation of its Work. . This information will be considered in the award recommendation.

1.4.5. All Contractors are to coordinate all Work with the work of other trades for proper function and sequence (see Section 01360). Contractor must furnish approved copies of shop drawings, mock-ups, and technical data to other contractors designated by the CM for the purposes of coordination of this Work. Contractor must provide to all other trades all information

(drawings, diagrams, templates, embedments) and other related Work necessary for the proper coordination of the Work of all trades. Each phase of the Work shall be coordinated, and the coordination plan approved by CM prior to proceeding. Contractor shall keep informed as to

Work of all trades engaged in the Project, and shall execute Work in such a manner as not to delay or interfere with the progress of other trades involved. Contractor is required to schedule its Work so that no other party is delayed in execution of its work. Contractor is required to employ competent supervision on the Project throughout the entire period of construction to ensure proper coordination.

1.4.6. Contractor will furnish before any Work is started, evidence of ISO Certification or documented procedures for process control, including drawings, submittals, inspection/surveillance and training. In lieu of defined procedures, Contractor will follow CM’s documented procedures for process control.

1.4.7. When it is necessary to modify or tie into existing utility services, Contractor shall notify CM in writing a minimum of 48 hours prior to the planned disruption. All disruptions shall be scheduled with CM and shall be kept to a minimum time. Tie-ins and shutdowns of existing utilities may have to be performed during off hours. Contractors are to include any required premium time in the Base Bid.

1.4.8. If Owner will occupy the premises or a portion of the premises during the construction, Contractor shall cooperate with CM and Owner in all construction operations to minimize conflict, and to facilitate Owner occupancy.

1.4.9. Information pertaining to the existing building has been obtained through photographs and investigations and is indicated on the Resource Drawings. This information is not warranted to be complete or accurate. Contractor shall verify all dimensions in the field prior to ordering materials or construction and any costs or expenses arising out of its failure to do so shall be borne solely by Contractor.

1.4.10. The Contractor shall examine the existing site conditions and carefully compare them to the

Drawings. All measurements must be verified from actual observation at the Project site. The

Contractor is responsible for all Work fitting in place in approved, satisfactory and workmanlike manner in every particular. If the Contractor encounters unexpected existing site or building conditions, it shall cease operations immediately to minimize damage and shall immediately notify CM in writing. Contractor shall bear all costs, expenses or damages arising or resulting from its failure to comply with this paragraph.

1.4.11. Hoisting of material or equipment above occupied areas will NOT be permitted unless the existing structure has been properly verified by a licensed professional Engineer to be able to bear the load of the material or equipment being hoisted if accidentally released. It is the

00210-3 ISSUE DATE: Dec 3, 2019 responsibility of the Contractor performing such hoisting to properly and adequately reinforce existing structure.

1.4.12. Space for electrical and mechanical lines is limited for the Project. Therefore, it is imperative that Contractor coordinate its Work with the Work of all other trades to ensure containment of electrical and mechanical lines in space provided. Priority of space will be decided in discretion of CM, with no additional compensation, where unresolved conflict exists. If Work is not properly coordinated, Contractor shall remove and relocate Work without additional compensation.

1.4.13. The Contractor shall maintain all project record documents for all concealed Work to mark actual construction. The Contractor shall turn over to CM all project record documents upon completion of Work by the Contractor, in a format to be determined by CM. The Contractor shall make all project record documents available to the Owner, CM and/or the Architect for inspection and review. The Contractor’s failure to maintain such documents adequately shall entitle the Owner and/or CM to withhold payment until such documents are current and up to date.

1.4.14. The Contractor shall submit a daily report to CM on a daily basis on the form provided to

Contractor by CM.

1.4.15. All Contractors shall attend all meetings as required by CM.

1.5. OWNER EQUIPMENT COORDINATION

1.5.1. The Owner Furnished and Contractor Installed (OF/CI) equipment as listed in the Individual

Contractor's Work scopes found in Section 00220 shows the Contractor responsible to schedule delivery, receive the equipment and accessories F.O.B. jobsite, inspect, protect, store, handle and move into position, provide all coordination with applicable trades for rough-in requirements and final connections, marshal the appropriate trades as a composite installation crew, and assist in initial startup.

1.5.2. Refer to the Drawings to determine quantities.

END OF SECTION 00210

PROJECT MANUAL 00230-1 ISSUE DATE: Dec 3, 2019

SECTION 00230

SCHEDULE AND PHASING

1. GENERAL

1.1. MILESTONE SCHEDULE

1.1.1. The following are the milestone schedule dates for the listed Work and will become a part of the

Contract Documents. The master construction schedule will be developed after award of the

Agreement with Contractor input.

Building Milestone Activity Scheduled

Start Scheduled

Completion Athens High School

Pool Area – Day Shift May 1, 2020 August 21, 2020

1.1.2. It is expressly agreed that time is of the essence for the completion of Work under the

Agreement and Contractor agrees to perform the Work within the allotted time and in the manner specified. Contractor shall be liable for any and all damages and expenses suffered by the Owner or CM arising or resulting from the failure of Contractor to perform the Work in accordance with the construction schedule.

1.2. CONSTRUCTION SCHEDULE DEVELOPMENT PROCESS

1.2.1. Contractor agrees to commence Work in the field within five (5) Days after being notified to do so by the CM. Contractor shall diligently perform and fully complete all Work to the satisfaction of CM and Owner.

1.2.2. Work shall begin at such points as CM may designate and shall be carried to completion with the utmost speed.

1.3.2. Contractor shall submit to CM within fifteen (15) Days of award of the Agreement all necessary scheduling information, in form and substance satisfactory to CM of all activities contained in the

Contractor’s scope of Work, including activity descriptions and durations in working days, for

PROJECT MANUAL 00230-2 ISSUE DATE: Dec 3, 2019 shop drawings, fabrication, delivery and installation of products, materials and equipment. This schedule shall identify precedent relationships between Contractor’s activities and those of other contractors, the dollar value, necessary manpower loadings, and precedent activities for other contractors. The activities on the schedule must be at a level of detail approved by CM and should agree with the terminology and building sequencing established by CM. CM will compile all

Contractors’ schedules and develop a project master construction schedule. Once the individual contractors schedules are agreed upon by CM, this project master construction schedule will become the project plan for construction.

1.3.3. Special requirements and/or sequencing issues should be brought to the attention of CM. It is intended the milestones remain in effect and all Bidders agree to accept the milestone dates.

CM reserves the right to revise the project master construction schedule as deemed necessary.

1.3.4. CM shall periodically update the project master construction schedule and display it at the

Project site. Contractor shall familiarize itself with the project master construction schedule and how it will affect or modify its operations, including coordination with the activities of other contractors. Reasonable changes in sequencing, durations and phasing are to be expected with each master schedule update. These changes will be made by Contractor at no additional cost.

Reasonable changes in sequencing, durations, and phasing are to be expected with each master schedule update. These changes will be made by Contractor at no additional cost.

1.3.5. If it is apparent Contractor is unable to perform its Work in the sequence indicated or the time allotted, Contractor must notify CM within five (5) Days after initial publication of the project master construction schedule. Contractor’s schedule of activities may be re-sequenced, and the schedule may be adjusted, provided all Work is completed within the stated milestone dates and provided CM and affected contractors are notified of the change within five (5) calendar days of receipt of the schedule and the change does not otherwise negatively impact the other scheduled work; otherwise, the project master construction schedule shall be deemed accepted by all parties and becomes a contractual requirement for each Contractor.

1.3.6. If Contractor delays progress for any reason other than those delays specifically excused under the Contract Documents, Contractor will take all necessary steps to expedite its Work to maintain milestone target dates at no expense or additional cost to Owner or CM.

1.3.7. If Contractor is behind schedule and is so notified by CM, Contractor shall be required to accelerate the Work at its own expense. Contractor shall furnish to CM a short interval schedule of its Work showing location, number of men and crew required to get back on the agreed upon master construction schedule. If Contractor fails to maintain and meet the short interval schedule, Owner through CM reserves the right to take whatever steps it deems necessary in its sole discretion to recover the schedule at the Contractor’s expense. The Contractor shall employ such means as overtime work, multiple work shifts, and additional equipment, all without additional compensation, and shall continue to do so until the progress of the Work, in the opinion of CM, is in conformance with the master project construction schedule.

1.3.8. Contractor agrees that it shall have no claim against the Owner, Architect, or CM for an increase in the contract price or for a payment or allowance of any kind for damage, loss, or expense arising or resulting from delays, regardless of whether the delay is the basis for an extension of time. This provision includes claims for damage, loss, or expense arising or resulting from interruptions to, or necessary suspension of, Contractor’s Work to enable other contractors to perform their work.

END OF SECTION 00230

PROJECT MANUAL 00230-3 ISSUE DATE: Dec 3, 2019

SWORN AND NOTARIZED FAMILIAL DISCLOSURE STATEMENT

FAMILIAR DISCLOSURE AFFIDAVIT

The undersigned, the owner or authorized office of the below–named contractor (the ‘Contractor”), pursuant to the familial disclosure requirement provided in this proposals, hereby represents and warrants that, excepts as provided below, no familial relationship exists between the owner or key employee of the Contractor, and any member of the

Troy School Board or the Troy School Superintendent. A list of the School District’s Board of Education Members and its Superintendent may found at http://www.troy.k12.mi.us.

List any Familial Relationships:

Contractor:

Print Name of Contractor

By:

Its:

Subscribed and sworn before me, this Seal:

day of , 20 , a Notary Public in and for County, (Signature)

NOTARY PUBLIC

My Commission expires http://www.troy.k12.mi.us/

CERTIFICATION OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner, or authorized officer of the below-named Company, pursuant to the compliance certification requirement provided in Troy School District’s

Request For Proposal, the “RFP”, hereby certifies, represents, and warrants that the Company and its officers, directors and employees, is not an “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event the Company is awarded a contract by Troy School District as a result of the aforementioned RFP, the Company is not and will not become an “Iran Linked Business” at any time during the course of performing any services under the contract.

The Company further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or two

(2) times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of Troy School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

Contractor:

Print Name of Contractor

By:

Its:

Subscribed and sworn before me, this day of , 20 , a Notary Public in and for County, Seal:

(Signature)

NOTARY PUBLIC

My Commission expires

END OF SECTION 00410

PROJECT MANUAL 00410-1 ISSUE DATE: Dec 3, 2019

SECTION 00410 – Familial Relationship Enclosure Form/ Iran Economic Sanctions Act Certification

SECTION 00500 – Agreement Form (Contract) 00500-1 ISSUE DATE: Dec 3, 2019

SECTION 00500

AGREEMENT

1 AGREEMENT FORM

1.01 The form of Agreement that will be used for Work under this Bid Package shall be AIA Document 132

Standard Form of Agreement between Owner and Contractor, CMa 2009 Edition. The above Agreement

Form is included immediately behind this section.

2. GENERAL CONDITIONS OF THE CONTRACT

2.1. AIA 232 Document General Conditions of the Contract for Construction, 2009 Edition is bound within this Project Manual and is a part of the Contract Documents.

3. INSURANCE

3.1. The description box on the ACORD certificate must be endorsed as follows:

For Troy School District 2013 Bond Projects: Barton Malow Company, Troy School

District, are added as additional insureds on the Insured’s commercial general liability policy, excess liability policy, automobile liability policy, and contractor’s pollution liability policy, with respect to liabilities arising out of the operations or “work” performed by or on behalf of the Insured and in accordance with all Contractor requirements for such coverage. Coverage for the additional insureds is primary and non-contributory with any other insurance available to the additional insureds, whether such other insurance is available on a primary or excess basis. Waivers of subrogation apply in accordance with Contractor requirements.

3.2. A sample of the Certificate of Insurance (ACORD) form at the end of this Section.

3.3. CM Contractor Insurance Requirements for Agency Work, PRO 15.14, shall govern this Project. A copy of these Insurance Requirements is included in the following page(s):

00500-2 ISSUE DATE: Dec 3, 2019

BARTON MALOW COMPANY

CONTRACTOR INSURANCE

REQUIREMENTS

For agency work March 10, 2008

1. As a condition of performing work under the Agreement, Contractor will keep in force, at all times during performance of the Work, policies of insurance covering all Basic Insurance Requirements and any applicable Supplemental Insurance Requirements. The requirements identified below are minimum requirements. If the Agreement or other Contract Documents impose additional or higher standards, Contractor shall meet those as well. Where a Controlled Insurance Program (“CIP”) is specified in the Contract Documents, these insurance requirements shall not apply to coverages supplied by the CIP, but shall apply to coverages which Contractor is required to carry outside the scope of the CIP.

2. Basic Insurance Requirements

2.1. Workers' Compensation covering Contractor’s statutory obligations in the State(s) in which the Work is to be performed or Federal statutory obligations, if applicable to the Project, and Employers' Liability insurance with limits of liability of $1,000,000 EL Each Accident, EL Disease – Each Employee, and EL Disease – Policy Limit. Where applicable, a US Longshore and Harborworker’s Compensation Act endorsement must be included.

2.1.1. If Contractor employs the services of leased employees for the Work or for a portion of the Work, it will be required to submit evidence, to the satisfaction of Barton Malow Company, that such leased employees are fully covered by the minimum limits of Workers’ Compensation and Employers’ Liability Insurance. Such evidence shall include, but not be limited to, submission of the applicable leasing agreement.

2.2. Automobile Liability insurance with the limit of $1,000,000 per accident covering Contractor’s owned, non-owned and hired automobiles.

2.3. Commercial General Liability insurance written on the 1988 ISO OCCURRENCE policy form or subsequent versions with limits of liability as follows:

General Aggregate $ 2,000,000

Products-Completed Operations Aggregate $ 2,000,000

Personal/Advertising Injury $ 2,000,000

Each Occurrence $ 2,000,000

This coverage shall include coverage for premises-operations, independent contractors’ protective, products and completed operations, personal injury and broad form property damage (including coverage for explosion, collapse, and underground hazards), and Contractual Liability protection with respect to Contractor’s indemnification obligations under the Contract Documents. Products-completed operations coverage must be maintained for at least two years after final completion of the Project.

3. Supplemental Insurance Requirements

3.1. Watercraft Protection and Indemnity Liability insurance if any of the Work is on or over navigable waterways or involves use of any vessel. Limits are to be approved by Barton Malow Company in writing.

3.2. Aircraft Liability insurance if any aircraft is used in performance of the Work. Limits are to be approved by Barton Malow Company in writing.

3.3. Railroad Protective Liability insurance if any of the Work is on or within 50 feet of any railroad or affects railroad property, including but not limited to tracks, bridges, tunnels, and switches. Limits are to be approved by Barton Malow Company in writing.

3.4. Professional Liability insurance, if Professional Services are provided, with limits of liability as follows:…

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