Tower Pinkster Titus Associates, Inc.

242 East Kalamazoo Avenue, Suite 200, Kalamazoo, MI 49007-5828

4 East Fulton Street, Suite 200, Grand Rapids, MI 49503

Branch Area Careers Center East Parking Lot Replacement

PROJECT MANUAL

November 04, 2019

OWNER

BRANCH ISD EDUCATION SERVICE AGENCY

370 Morse Street Coldwater, Michigan 49039

PROJECT NUMBER

19-119.00

SET NUMBER

VOLUME NUMBER 1

Divisions 00 through 33

PROJECT NO. 19-119.00 TABLE OF CONTENTS

BRANCH AREA CAREERS 0 - 1

EAST PARKING LOT REPLACEMENT 11/04/2019

© 2019 Tower Pinkster Titus Associates - All Rights Reserved

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

PROCUREMENT REQUIREMENTS

00 1113 Advertisement for Bids 00 2113 Instructions to Bidders 00 4100 Bid Form 00 4519 Noncollusion Affidavit 00 4546 Governmental Certifications

CONTRACTING REQUIREMENTS

00 6323 CADD File Transfer Waiver 00 6324 BIM Transfer Waiver 00 6325 Substitution during Construction Request Form 00 7200 General Conditions 00 7300 Supplementary Conditions 00 7343 Wage Rate Requirements

DIVISION 01 - GENERAL REQUIREMENTS

01 1000 Summary 01 2200 Unit Prices 01 2300 Alternates 01 2500 Substitution Procedures 01 2600 Contract Modification Procedures 01 2900 Payment Procedures 01 3100 Project Management and Coordination 01 3200 Construction Progress Documentation 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 4200 References 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 01 7300 Execution 01 7700 Closeout Procedures 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents

DIVISION 02 - EXISTING CONDITIONS

02 4119 Selective Demolition

DIVISION 03 - CONCRETE (Not Applicable)

DIVISION 04 - MASONRY (Not Applicable)

PROJECT NO. 19-119.00 TABLE OF CONTENTS

BRANCH AREA CAREERS 0 - 2

DIVISION 05 – METALS (Not Applicable)

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES (Not Applicable)

DIVISION 07 - THERMAL AND MOISTURE PROTECTION (Not Applicable)

DIVISION 08 - OPENINGS (Not Applicable)

DIVISION 09 - FINISHES (Not Applicable)

DIVISION 10 - SPECIALTIES (Not Applicable)

DIVISION 11 - EQUIPMENT (Not Applicable)

DIVISION 12 - FURNISHINGS (Not Applicable)

DIVISION 13 - SPECIAL CONSTRUCTION (Not Applicable)

DIVISION 14 - CONVEYING EQUIPMENT (Not Applicable)

DIVISION 21 - FIRE SUPPRESSION (Not Applicable)

DIVISION 22 - PLUMBING (Not Applicable)

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) (Not Applicable)

DIVISION 26 - ELECTRICAL (Not Applicable)

DIVISION 27 - COMMUNICATIONS (Not Applicable)

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY (Not Applicable)

DIVISION 31 – EARTHWORK

31 1000 Site Clearing 31 2000 Earth Moving

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 1216 Asphalt Paving 32 1313 Concrete Paving 32 1373 Concrete Paving Joint Sealants 32 1723 Pavement Markings 32 9200 Turf and Grasses

DIVISION 33 - UTILITIES

33 4100 Storm Utility Drainage Piping

END OF TABLE OF CONTENTS

PROJECT NO. 19-119.00 ADVERTISEMENT FOR BIDS

BRANCH AREA CAREERS 00 1113 - 1

SECTION 00 1113 - ADVERTISEMENT FOR BIDS

FROM:

THE OWNER:

Branch Intermediate School District 370 Morse Street Coldwater, Michigan 49036

AND THE ARCHITECT:

Tower Pinkster Titus Associates 242 East Kalamazoo Avenue, Suite 200 Kalamazoo, MI 49007-5828

TO: POTENTIAL BIDDERS

Bids will be accepted from bidders under seal to Owner for the replacement of the East Parking Lot located at the above address before 2:00 p.m. local time on November 26, 2019, for the following project:

BRANCH AREA CAREERS CENTER EAST PARKING LOT REPLACEMENT

Bids will be received at the office of the Owner.

Bids will be opened and read aloud publicly at 2:15 local time at the office of the Owner. Bids received after 2:00 p.m. local time will not be opened.

Project Description: Reduction and replacement of the parking lot directly to the east of the Branch Area Careers Center building and other Work indicated in the Contract Documents. Anticipated start date for the project is April 13, 2020. Project completion deadline is July 10, 2020.

Bid Documents for a Stipulated Sum contract may be obtained from the Owner electronically. Requests for documents should be made by email to Beth Rinehart at rineharb@branch-isd.org.

Documents may be obtained only by general contract Bidders. Others may view the Bid Documents at the following locations:

Tower Pinkster Titus Associates, Inc.

242 E. Kalamazoo Avenue Kalamazoo, MI 49007

Builders Exchange of Kalamazoo 3431 East Kilgore Road Kalamazoo, Michigan 49001-5513

Builders Exchange of Lansing 1240 E. Saginaw Street Lansing, Michigan 48906

PROJECT NO. 19-119.00 ADVERTISEMENT FOR BIDS

BRANCH AREA CAREERS 00 1113 - 2

As required by State Law (P.A. 232 of 2004), all bids shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between Branch Area Intermediate School District or any employee of the bidder and any member of the school board or the superintendent of the school district. Bids that do not include this sworn and notarized disclosure statement will not be accepted.

Bidders will be required to provide Bid security in the form of a surety bond, certified check, or cashier's check in the amount of 5 percent of the bid amount. Performance and Payment bonds will be required.

Also, as pursuant to Michigan law (P.A. 517 or 2012), before accepting any bid or proposal, or entering into any contract for goods and services with any prospective vendor, the vendor must first certify that it is not an "Iran Linked Business" as defined by law.

A Bidder wishing to protest a bid must file in writing with the Office of the Superintendent within seventy-two (72) hours of the opening of the bids in protest. Within five (5) days of receipt of a protest, the Superintendent shall review the protest as submitted and render a decision regarding the merits of the protest and any impact on the acceptance and rejection of bids submitted. Notice of the filling of a bid protest shall be communicated to the Board and shall be so noted in any subsequent recommendation for the acceptance of bids and awarding of contracts.

Failure to file a notice of intent to protest, or failure to a formal written protest within the time prescribed, shall constitute a waiver of proceedings.

Project does NOT require Michigan Prevailing Wage be used.

There will be a pre-bid meeting beginning at 3:00 p.m. local time on November 12, 2019 at the Branch Area Careers Center office. The purpose is to consider questions posed by bidders and to tour the site and existing facilities. This meeting is mandatory for all prime contract bidders. No bid will be considered from a bidder that does not have a representative at this meeting.

No bids may be withdrawn for a period of 30 days after submission.

The Owner reserves the right to accept or reject any or all bids, alternates, or proposals, and to accept those bids, alternates, or proposals that, in his judgement, serve his best interests.

END OF DOCUMENT 00 1113

PROJECT NO. 19-119.00 INSTRUCTIONS TO BIDDERS

BRANCH AREA CAREERS 00 2113 - 1

SECTION 00 2113 - INSTRUCTIONS TO BIDDERS

FORM OF INSTRUCTIONS TO BIDDERS

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

AIA Michigan 4219 Woodward Avenue Detroit, MI 48201

(313) 965-4100

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

ARTICLE 1 – DEFINITIONS

Make the following revisions to paragraph 1.1:

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

ARTICLE 2 – BIDDER'S REPRESENTATIONS

Add the following clause 2.1.3.1 to subparagraph 2.1.3:

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

ARTICLE 3 – BIDDING DOCUMENTS

3.3 SUBSTITUTIONS

Add the following Sub-paragraph 3.3.5:

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

ARTICLE 4 – BIDDING PROCEDURE

4.1 PREPARATION OF BIDS

BRANCH AREA CAREERS 00 2113 - 2

Add the following clause 4.1.1.1 to subparagraph 4.1.1:

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

Add the following Subparagraph 4.1.8:

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

4.2 BID SECURITY

Omit the last sentence of Subparagraph 4.2.1.

Add the following Subparagraph 4.2.4:

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

4.4 MODIFICATION OR WITHDRAWAL OF BID

Add the following clauses to Subparagraph 4.4.2:

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

.2 Owner will consider modifications to a bid written on the sealed bid envelope by authorized persons when such modifications comply with the following: the modification is indicated by a percent or stated amount to be added to or deducted from the Bid; the amount of the Bid itself is not made known by the modification; a signature of the authorized person, along with the time and date of the modification, accompanies the modification. Completion of an unsealed bid form, awaiting final figures from the Bidder, does not require power of attorney due to the evidenced authorization of the Bidder implied by the circumstance of the completion and delivery of the Bid.

ARTICLE 5 – CONSIDERATION OF BIDS

Add the following subparagraph 5.2.1 to paragraph 5.1:

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

BRANCH AREA CAREERS 00 2113 - 3

ARTICLE 6 – POST BID INFORMATION

6.2 OWNER’S FINANCIAL CAPABILITY

Omit Paragraph 6.2.

6.3 SUBMITTALS

Replace Subparagraph 6.3.1 with the following:

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

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

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

ARTICLE 7 – PERFORMANCE BOND AND PAYMENT BOND

7.1 BOND REQUIREMENTS

Add the following Subparagraph 7.1.4:

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

Add the following Article 9 to the Instructions to Bidders:

ARTICLE 9 – ADDITIONAL ITEMS

9.1 PRE-BID MEETING

9.1.1 There will be a pre-bid meeting beginning at 3:00 p.m. local time on November 12, 2019 at the Branch Area Careers Center office.

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

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

END OF DOCUMENT 00 2113

PROJECT NO. 19-119.00 BID FORM

BRANCH AREA CAREERS 00 4100 - 1

SECTION 00 4100 - BID FORM

THE PROJECT AND THE PARTIES:

TO: Branch Intermediate School District (the Owner) 370 Morse Street Coldwater, Michigan 49036

FOR: Branch Area Careers Center East Parking Lot Replacement

DATE: __________________________________ (Bidder to enter date)

SUBMITTED BY: (Bidder to enter name and address)

Bidders Full Name ______________________________

Address ______________________________

City, State, and Zip ______________________________

Phone Number ______________________________

Fax Number ______________________________

OFFER

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

____________________________________________________ Dollars ($_______________) in lawful money of the United States of America.

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

All applicable taxes are included in the Bid Sum.

Fully executed Document 00 4519 – Noncollusion Affidavit is attached.

Fully executed Document 00 4546 – Governmental Certifications is attached.

ACCEPTANCE

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

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

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

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

If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required Bond(s), the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to

BRANCH AREA CAREERS 00 4100 - 2

the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Contract is signed.

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

CONTRACT TIME

If this Bid is accepted, we will:

Complete the Work in _____________________ calendar days from Notice to Proceed. (Bidder to enter number of days.)

ALTERNATES

Alternate No. 1 – Placement of Asphalt Millings: Placement of asphalt millings to the current bus parking area located to the north of the Careers Center; Refer to sheet C-102. In the event that Alternate No. 1 is accepted, change the Base Bid by the following amount:

Add / Deduct ___________________________________ Dollars ($_________________) (circle one)

UNIT PRICES

Unit Price No. 1 – Unsuitable Soils Replacement: Unit price for the removal of unforeseen unsuitable soils and replacement with Engineered Fill material to satisfy proof rolling requirements."

________________________________________________ Dollars ($_________________) per square yard

ADDENDA

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

BRANCH AREA CAREERS 00 4100 - 3

BID FORM SUPPLEMENTS

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

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

BID FORM SIGNATURE(S)

The Corporate Seal of

(Bidder - print the full name of your firm) was hereunto affixed in the presence of:

(Authorized signing officer, Title)

(Seal)

(Authorized signing officer, Title)

IF THE BID IS A JOINT VENTURE OR PARTNERSHIP ADD ADDITIONAL FORMS OF EXECUTION FOR EACH

MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM OR FORMS AS ABOVE.

END OF DOCUMENT 00 4100

PROJECT NO. 19-119.00 NONCOLLUSION AFFIDAVIT

BRANCH AREA CAREERS 00 4519 - 1

SECTION 00 4519 - NONCOLLUSION AFFIDAVIT

THE PROJECT AND THE PARTIES:

TO: Branch Intermediate School District (the Owner) 370 Morse Street Coldwater, Michigan 49036

FOR: Branch Area Careers Center East Parking Lot Replacement

SUBMITTED BY: (Bidder to enter name)

Bidder's Full Name __________________________________________

REPRESENTATION

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

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

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

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

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

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

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

7. The prices bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of the Bidder's owners, officers, partners, directors, agents, representatives, employees or parties in interest, including this Affiant; and neither the Bidder nor any of its owners, officers, partners, directors, agents, representatives, employees or parties

PROJECT NO. 19-119.00 NONCOLLUSION AFFIDAVIT

BRANCH AREA CAREERS 00 4519 - 2

in interest, including this Affiant, have divulged any information regarding the Bid or any data about the Bid to any other person.

By:

(Authorized signing officer, Title)

VERIFICATION

STATE OF MICHIGAN

COUNTY OF ____________________

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

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

Notary Public, State of Michigan

My Commission expires: _______________, 20___

END OF DOCUMENT 00 4519

PROJECT NO. 19-119.00 GOVERNMENTAL CERTIFICATIONS

BRANCH AREA CAREERS 00 4546 - 1

SECTION 00 4546 - GOVERNMENTAL CERTIFICATIONS

CERTIFICATION OF COMPLIANCE - IRAN ECONOMIC SANCTIONS ACT

The undersigned, the owner, or authorized officer of the below-named company (the “Company”), pursuant to the compliance certification requirement provided in the Branch Area Intermediate School District’s Request For Proposal (the “RFP”), hereby certifies, represents, and warrants that the Company (which includes its officers, directors and employees) is not an “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event the Company is awarded a contract by the Branch Area Intermediate 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 the Branch Area Intermediate 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.

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

Company Name

Authorized Representative’s Name and Title

Signature

Date

END OF DOCUMENT 00 4546

PROJECT NO. 19-119.00 CADD FILE TRANSFER WAIVER

BRANCH AREA CAREERS 00 6323 - 1

SECTION 00 6323 - CADD FILE TRANSFER WAIVER

At your request, TowerPinkster will provide CADD files to your organization for your convenience and use in the preparation of shop drawings related to the above project, subject to the following terms and conditions:

• Our electronic files are compatible with AutoCAD 2016 and newer software. We make no representation as to the compatibility of these files with your hardware or your software beyond the specified release of the referenced specifications.

• Data contained on these electronic files are part of our instruments of service and shall not be used by you or anyone else receiving this data through or from you for any purpose other than as a convenience in the preparation of shop drawings for the referenced project. Any other use or reuse by you or by others will be at your sole risk and without liability or legal exposure to TowerPinkster. You agree to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against us, our officers, directors, employees, agents or subsonsultants that may arise out of or in connection with your use of the electronic files.

• Furthermore, you shall, to the fullest extent permitted by law, indemnify and hold us harmless against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or resulting from your use of these electronic files.

• These electronic files are not construction documents. Differences may exist between these electronic files and corresponding hard-copy construction documents. We make no representation regarding the accuracy or completeness of the electronic files you receive. In the event that a conflict arises between the hard-copy construction documents prepared by us and the electronic files, the hard-copy construction documents shall govern. You are responsible for determining if any conflict exists. By your use of these electronic files, you are not relieved of your duty to fully comply with the contract documents, including, and without limitation, the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate your work with that of other contractors for the project.

• Because information presented on the electronic files can be modified, unintentionally or otherwise, we reserve the right to remove all indicia of ownership and/or involvement from each electronic display.

We will furnish you with electronic files of the following drawing sheets: ______________________________

AutoCad Version requested: ________________________________________________________________

Architect’s copyright protected CAD drawings are available strictly for the use of preparing shop drawings. Architect will email files upon receipt this form, fully executed.

Under no circumstances shall delivery of the electronic files for use by you be deemed a sale by us, and we make no warranties, either express or implied, or merchantability and fitness for any particular purpose. In no event shall we be liable for any loss or profit or any consequential damages as a result of your use or reuse of these electronic files.

REQUESTER’S STATEMENT

I have reviewed the terms of this request and am in agreement with the conditions stated.

Requester’s signature

END OF DOCUMENT 00 6323

PROJECT NO. 19-119.00 BIM TRANSFER WAIVER

BRANCH AREA CAREERS 00 6324 - 1

SECTION 00 6324 - BIM TRANSFER WAIVER

INTENT

This document amends and supplements the Digital Data Licensing Agreement AIA C106 - 2013 for requests for BIM Model from the Architect. All provisions which are not so amended or supplemented remain in full force and effect.

At the request of the Contractor, subcontractor, lower-tier subcontractor, or material supplier, and receipt of signed copy of Digital Data Licensing Agreement AIA C106, the Architect will transmit or send BIM model(s) requested.

MODIFICATIONS TO AIA C106

ARTICLE 3 – LICENSE CONDITIONS

Add the following clauses after the first sentence in Article 3:

• We make no representation as to the compatibility of these files with your hardware or your software beyond the specified release of the referenced specifications.

• Data contained on these electronic files are part of our instruments of service and shall not be used by you or anyone else receiving this data through or from you for any purpose other than as a convenience in the support of construction coordination for the referenced project. Any other use or reuse by you or by others will be at your sole risk and without liability or legal exposure to Tower Pinkster Titus Associates. You agree to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against us, our officers, directors, employees, agents or subconsultants that may arise out of or in connection with your use of the electronic files.

• Furthermore, you shall, to the fullest extent permitted by law, indemnify and hold us harmless against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or resulting from your use of these electronic files.

• These electronic files are not construction documents. Differences may exist between these electronic files and corresponding hard-copy construction documents. We make no representation regarding the accuracy or completeness of the electronic files you receive. In the event that a conflict arises between the hard-copy construction documents prepared by us and the electronic files, the hard-copy construction documents shall govern. You are responsible for determining if any conflict exists. By your use of these electronic files, you are not relieved of your duty to fully comply with the contract documents, including, and without limitation, the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate your work with that of other contractors for the project.

• Because information presented on the electronic files can be modified, unintentionally or otherwise, we reserve the right to remove all indicia of ownership and/or involvement from each electronic display.

END OF DOCUMENT 00 6324

PROJECT NO. 19-119.00 SUBSTITUTION DURING CONSTRUCTION REQUEST FORM

BRANCH AREA CAREERS 00 6325 - 1

SECTION 00 6325 - SUBSTITUTION DURING CONSTRUCTION REQUEST FORM

INTRODUCTORY INFORMATION

Date: _________________________

Requesting substitution of _______________________________________________

As specified in Section ___________________

Requested Substitute Product: ______________________________________________

SUBMITTING PARTY’S STATEMENT

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

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

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

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

[Y] [N] Substitution request is fully documented and properly submitted in accordance with “Product

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

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

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

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

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

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

I hereby certify that the above statements are true.

Submitter’s signature

CONTRACTOR’S STATEMENT

I have reviewed this substitution request and am in agreement with the information presented and statements made.

This proposal is complete, and there will be no further charges to the Owner as a result of the acceptance of this substitution.

Contractor’s signature

END OF DOCUMENT 00 6325

PROJECT NO. 19-119.00 GENERAL CONDITIONS

BRANCH AREA CAREERS 00 7200 - 1

SECTION 00 7200 - GENERAL CONDITIONS

FORM OF GENERAL CONDITIONS

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

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

AIA Michigan 4219 Woodward Avenue Detroit, MI 48201

(313) 965-4100

SUPPLEMENTARY CONDITIONS

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

END OF DOCUMENT 00 7200

PROJECT NO. 19-119.00 SUPPLEMENTARY CONDITIONS

BRANCH AREA CAREERS 00 7300 - 1

SECTION 00 7300 - SUPPLEMENTARY CONDITIONS

INTENT

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

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

MODIFICATIONS TO AIA A 201

ARTICLE 1 – GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

Make the following changes to subparagraph 1.1.1:

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

Add the following paragraph 1.1.9:

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

1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

Add the following clause to Subparagraph1.2.1

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

Add the following subparagraph to Paragraph 1.2:

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

ARTICLE 3 – CONTRACTOR

3.4 LABOR AND MATERIALS

Add the following subparagraphs to Paragraph 3.4:

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

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

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

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

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

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

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

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

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

3.6 TAXES

Add the following subparagraph to Paragraph 3.6:

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

3.12 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

Add the following subparagraph 3.12.11 to Paragraph 3.12:

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

3.18 INDEMNIFICATION

Make the following changes in Subparagraph 3.18.1:

3.18.1: In the first sentence, after the words ". . . or resulting from", insert the words "or in connection with". After the words "damage, loss or expense is", delete the phrase beginning with "attributable to . . ." and ending

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with ". . . regardless of whether or not such claim, damage, loss or expense is". In the second sentence, after the words ". . . of indemnity", insert the words "or contribution".

Add the following subparagraphs to Paragraph 3.18:

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

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

ARTICLE 4 – ARCHITECT

4.1 GENERAL

Add the following clause to subparagraph 4.1.1:

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

4.2 ADMINISTRATION OF THE CONTRACT

Add the following clause 4.2.2.1 to subparagraph 4.2.2:

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

Add the following clause 4.2.7.1 to subparagraph 4.2.7

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

Add the following clause 4.2.14.1 to subparagraph 4.2.14:

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

ARTICLE 7 – CHANGES IN THE WORK

7.2 CHANGE ORDERS

Add the following Subparagraph 7.2.2:

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

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

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

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

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

.1: For the Contractor, for Work performed by the Contractor's own forces, 10 percent of the cost.

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

.3: For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor or Sub-subcontractor's own forces, 10 percent of the cost.

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

ARTICLE 9 – PAYMENTS AND COMPLETION

9.3 APPLICATIONS FOR PAYMENT

Add the following Clause 9.3.1.3 to Subparagraph 9.3.1 of 9.3:

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

ARTICLE 11 – INSURANCE AND BONDS

11.1 CONTRACTOR'S LIABILITY INSURANCE

Add the following Clauses 11.1.1.9 and 11.1.1.10 to 11.1.1:

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

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

B. Independent Contractor Protective.

C. Products and Completed Operations.

D. Personal Injury.

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

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

G. Broad Form Property Damage including Completed Operations.

.10 If the General Liability coverages are provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverage required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2.

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Add the following Clause 11.1.2.1 to 11.1.2:

.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following, or greater if required by law:

A. Commercial General Liability (including Premises-Operations; Independent Contractor's Protective; Products and Completed Operations; Broad Form Property Damage):

1) General Aggregate (Applied in total to this Project only) $1,000,000.00

2) Bodily Injury:

a. Each Occurrence $1,000,000.00

3) Products and Completed Operation to be maintained for one Year after final payment, aggregate $1,000,000.00

4) Personal Injury $1,000,000.00

5) Fire Damage (Any one fire) $50,000.00

6) Medical Expense (Any one person) $5,000.00

7) Property Damage Liability Insurance shall provide X, C, and U coverage.

8) Broad Form Property Damage Coverage shall include Completed Operations.

B. Business Auto Liability on Combined Single Limit or Occurrence Basis d (including owned, non-owned and hired vehicles):

1) Combined Single Limit Basis $1,000,000.00

C. Umbrella Excess Liability:

1) Each Occurrence $4,000,000.00

2) Aggregate $4,000,000.00

D. Worker's Compensation:

1) State Statutory

2) Applicable Federal Statutory

3) Employer Liability:

a. Each Accident $1,000,000.00

b. Disease - Policy Limit: $1,000,000.00

c. Disease - Each Employee: $1,000,000.00

Replace Paragraph 11.2 with the following:

11.2 OWNER'S LIABILITY INSURANCE

11.2.1 The Contractor shall provide Owner's Liability Insurance naming the Owner, Architect and the Architect's Consultants as additionally insured.

11.2.2 Owner's Liability Insurance shall not be for less than the following limits:

.1 Owner's Protective:

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A. Bodily Injury:

1) Each Occurrence $1,000,000.00

2) Aggregate $1,000,000.00

B. Property Damage:

1) Each Occurrence $1,000,000.00

2) Aggregate $1,000,000.00

11.3 PROPERTY INSURANCE

Delete Clause 11.3.1.4 and substitute the following:

.4 The Contractor shall provide insurance coverage for portions of the Work stored off the site or in transit, after written approval of the Owner, at the value established in the approval when such portions of the Work are included in an Application for Payment under Subparagraph 9.3.2.

11.4 PERFORMANCE BOND AND PAYMENT BOND

Add the following Subparagraph 11.4.3:

11.4.3: The bond value requirements are as follows:

.1 Provide a 100 percent Performance Bond on AIA A312.

.2 Provide a 100 percent Payment Bond on AIA A312.

.3 Deliver bonds within 3 days after execution of the Contract.

Add the following Article 16:

ARTICLE 16 – EQUAL OPPORTUNITY

16.1 CONTRACTOR'S EMPLOYMENT POLICY

16.1.1 The Contractor shall maintain policies of employment as follows:

.1 The Contractor and its sub-contractors shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges or employment, or any matter directly or indirectly related to employment, because of race, color, religion, sex, national origin, or age. Breach of this covenant will be regarded as a material breach of the Contract.

.2 The Contractor and all Subcontractors shall in all solicitations or advertisements for employees placed by them or on their behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or age.

END OF DOCUMENT 00 7300

PROJECT NO. 19-119.00 WAGE RATE REQUIREMENTS

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SECTION 00 7343 - WAGE RATE REQUIREMENTS

PREVAILING WAGE REQUIREMENTS

Payment of a minimum of the prevailing wage rate is not a requirement of this project.

END OF DOCUMENT 00 7343

PROJECT NO. 19-119.00 SUMMARY

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SECTION 01 1000 - SUMMARY

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Project information.

2. Work covered by Contract Documents.

3. Access to site.

4. Coordination with occupants.

5. Work restrictions.

6. Specification and Drawing conventions.

B. Related Requirements:

1. Section 01 5000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.

1.2 PROJECT INFORMATION

A. Project Identification:

1. Project Location:

Branch Area Careers Center East Parking Lot Replacement 370 Morse Street Coldwater, Michigan 49036

B. Owner:

Branch Intermediate School District 370 Morse Street Coldwater, Michigan 49036

1. Owner's Representative: Diane Shiery.

C. Architect:

Tower Pinkster Titus Associates, Inc.

242 E. Kalamazoo Avenue, Suite 200 Kalamazoo, MI 49007

1.3 WORK COVERED BY CONTRACT DOCUMENTS

A. The Work of Project is defined by the Contract Documents and consists of the following:

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1. Reduction and replacement of the parking lot directly east of the Branch Area Careers Center building and other Work indicated in the Contract Documents.

B. Type of Contract:

1. Project will be constructed under a single prime contract.

1.4 ACCESS TO SITE

A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.

B. Use of Site: Limit use of Project site to Work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Driveways, Walkways, and Entrances: Keep driveways loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times.

Do not use these areas for parking or for storage of materials.

a. Schedule deliveries to minimize use of driveways and entrances by construction operations.

b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

C. Condition of Existing Grounds: Maintain portions of existing grounds, landscaping, and hardscaping affected by construction operations throughout construction period. Repair damage caused by construction operations.

1.5 COORDINATION WITH OCCUPANTS

A. Full Owner Occupancy: Owner will occupy site and existing building(s) during entire construction period.

Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage.

Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction.

2. Notify Owner not less than 72 hours in advance of activities that will affect Owner's operations.

B. Owner Limited Occupancy of Completed Areas of Construction: Owner reserves the right to occupy and to place and install equipment in completed portions of the Work, prior to Substantial Completion of the Work, provided such occupancy does not interfere with completion of the Work. Such placement of equipment and limited occupancy shall not constitute acceptance of the total Work.

1. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied prior to Owner acceptance of the completed Work.

2. Obtain a Certificate of Occupancy from authorities having jurisdiction before limited Owner occupancy.

3. On occupancy, Owner will assume responsibility for maintenance for occupied portions of Work.

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1.6 WORK RESTRICTIONS

A. Work Restrictions, General: Comply with restrictions on construction operations.

1. Comply with limitations on use of public streets and with other requirements of…