Front End RAC Roofing 2026.pdf

PROJECT MANUAL

FOR

RAC Partial Roofing Replacement 2026

PROJECT NUMBER 00263

10/29/2025

TABLE OF CONTENTS

I. Title Sheet

II. Table of Contents

III. Description of Work

IV. Contract Documents

A. Bidding Requirements

1. Information for Bidders

2. Instructions to Bidders

3. Supplementary Instructions to Bidders

4. Bid Proposal Form

5. Contractors Qualification

6. Bidder Health & Safety Checklist

7. Sub-Contractor’s Health & Safety Checklist

8. Contractors Evaluation

B. Conditions of the Contract

1. Form of Agreement and General Conditions

2. Article 20 and Article 21: “Other Conditions or Provisions”

3. State of Michigan Prevailing Wage Rates

4. List of Close-Out Documents

C. Drawing Index & Specification Index

RFP RAC Partial Roofing Replacement-2026

III. DESCRIPTION OF WORK

Partial replacement of RAC roof-Section 4

IV. CONTRACT DOCUMENTS

A. BIDDING REQUIREMENTS

1. INFORMATION FOR BIDDERS

Project Name: RAC Partial Roofing Replacement-2026

Project Location: 569 Pioneer Drive

Purchasing Contact: Maria Ebner-Smith, ebnersmi@oakland.edu

Project Manager: Omar Alhyari

Architect or Engineer: Tremco, Jim Getzen

The Bid documents may be obtained after October 31, 2025. Bid documents will be made available on the Purchasing website at the following Bid Opportunities.

The Project Manager and Consultant names are provided for informational purposes only. During the RFP process, please do not contact the Project Manager or consultant directly as this may result in disqualification of your proposal. If you have any questions, please contact Maria Ebner- Smith at 248-370-4423.

Mandatory Pre-bid Meeting Date: The bidder's attendance at the scheduled pre-bid meeting is a requirement for submitting a bid proposal, this is a mandatory pre-bid meeting. The meeting is scheduled for November 13, 2025 at 11 am

Meeting will be held at:

Recreation and Athletic Center Lobby located at 569 Pioneer Drive, Rochester, MI 48309.

Parking should be available in P29 parking structure or P26 lot.

Questions Due Date: Questions are due by November 19, 2025 by 2PM. All project Questions are to be reduced to writing and sent to Maria Ebner-Smith, ebnersmi@oakland.edu.

Response Due Date: Responses are due no later than November 26, 2025 by 2PM. The Purchasing Department, will receive electronic response proposals only.

Insurance: You must supply a copy of your insurance certificate (informational only) with your bid response.

Prevailing Wages: You must agree to provide the included Prevailing Wage Submittal Form with each pay application

Electronic responses are required. Please send an email to the contact above to request a response link, include the project name in the subject line. The request should be sent 24-48 business hours before the due date and time. The sign-in sheet will be verified, before a submission link is provided. Due to meetings and other events that may cause the Buyer to be away from their computer or out of the office, requests sent an hour before the due date and time may not be granted. Late, emailed, faxed, mailed, or hand delivered responses will not be accepted or reviewed.

https://wwwp.oakland.edu/purchasing/bid/

Bids shall be submitted electronically, on the forms provided, with no alterations. Bids shall remain firm for 120 days from the date of bid opening.

Bid security in the form of a certified check, or bid bond equal to five percent (5%) of the bid is required and shall accompany each bid. Disposition of the bid security shall be as described in the Instructions to Bidders in point 9.3.

After Award Vendor / Supplier Evaluation The successful bidder will be required to furnish satisfactory Performance Bond and Labor and Material Bond, conforming to A.I.A form A311 or its equivalent in the amount of 100% of the contract; which cost shall be included in the bid.

The University is tax exempt; State of Michigan tax is not applicable.

Effective Fall 2013, the University is smoke-free. Contractors are responsible to ensure that all employees and all subcontractors’ employees are in compliance with the policy at all times on Oakland’s main, or extension center campuses. The complete policy can be found at Policy 475.

2. INSTRUCTIONS TO BIDDERS

AIA Document A701 Instructions to Bidders, 1997 Edition is part of the Bidding Documents, as modified by "Supplementary Instructions to Bidders" next following, and is incorporated by reference. A copy of the AIA Document A701 is available for review at the Purchasing Department, located at 411 Pioneer Dr., Rochester, MI.

3. SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

9.1 Add to Paragraph 3.2, "INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS", Subparagraph 3.2.4:

Requests for interpretations or correction should be directed to the Purchasing agent on the project: Maria Ebner-Smith, ebnersmi@Oakland.edu

9.2 Add to paragraph 4.1, "FORM AND STYLE OF BIDS", Subparagraph 4.1.8:

Bids shall be submitted in duplicate on the forms provided, with no alterations. Bids shall remain firm for 120 days from the date of opening.

9.3 Add to Paragraph 4.2, "BID SECURITY", Subparagraph 4.2.4:

Bid security in the form of a certified check or bid bond equal to five percent (5%) of the bid shall accompany each bid. Make payable to the Owner. Bid bond shall be issued by a bonding company licensed to transact business in the locality and shall be written on A.I.A. form A-310, or its equivalent.

9.4 PREVAILING WAGE RATES: This Contract is subject to the prevailing wage provisions of Act No. 10 of Michigan Public Acts of 2023 (“The Act”) and the Contractor shall pay prevailing wages, that is, the rates of wages and fringe to be paid to each class of mechanics by the Contractor and all Subcontractors shall be not less than the wage and fringe benefit rates prevailing in the locality in which the work is to be https://www.oakland.edu/policies/generalgovernance/475/ performed. The prevailing wages and fringe benefits determined by the Michigan Department of Labor for the Project are attached hereto and made a part hereof by this reference and are a part of the Specification of the Work to be performed. If the Contract is not awarded or Work undertaken within ninety (90) days of the date of the Michigan Department of Labor’s wage and fringe benefit determination as shown on the attachment, the Michigan Department of Labor shall make a re-determination before the Contract is awarded and the new determination shall become part of the Specifications of the Work to be performed. Construction Mechanics are the intended beneficiaries of the contractual prevailing wage, fringe benefit, and nondiscrimination nonretaliation requirements of the Act. Any construction mechanic aggrieved by the failure of a contractor or subcontractor to pay prevailing wages or benefits as specified in the contract, or by a violation of section 7 of the Act, in addition to any other remedies provided in this act or by law, may bring an action in a court of competent jurisdiction against the contractor or subcontractor for damages or injunctive relief and may be awarded reinstatement or other appropriate relief, and all damages sustained, together with actual costs and attorney fees at trial and on appeal.

9.5 Add to Paragraph 7.1, "BOND REQUIREMENTS", Subparagraph 7.1.4:

The successful bidder will be required to furnish satisfactory performance bond and labor and material bond in the amount of 100% of the contract within 14 calendar days after having been informed by the University of Intent to award the contract. The bond shall be written on A.I.A.

Form A-311 or its equivalent.

9.6 Under Paragraph 8.1, "FORM TO BE USED", replace Subparagraph 8.1.1 with the following:

Unless otherwise required in the bidding documents the agreement for the work shall be written on A.I.A. Document A-107, 1997 Edition, Abbreviated Form of Agreement between Owner and Contractor including General Conditions, with modifications and supplements as included in the bid package.

9.7 Owner shall be under no obligation to provide property insurance upon the Work, and it is the intent of the Owner not to provide builder's risk coverage in favor of the Contractor.

9.8 Payment shall be made in proportion to the progress of the work as certified on the approved Schedule of Values. Schedule of Values shall show a "Punch List Correction" line item valued at 10% of the Contract Sum. No retainage shall be withheld for each line item on the schedule when completed. Final payment shall be made in accordance with the agreement.

9.9 Conflict of Interest: Oakland is a public institution and all of its employees and public officers must conduct all Oakland affairs solely to promote the best interests of Oakland rather than a personal interest. Consistent with this concept, Oakland has a conflict of interest policy which prohibits employees and public officers from having a personal financial interest in transactions with Oakland unless certain disclosure requirements are met. The policy also prohibits employees and public officers from accepting gifts from entities with which Oakland engages in commercial transactions. Any violation of said policy or State laws governing the conduct of public officers and public employees shall be grounds for termination of this agreement.

BID PROPOSAL FORM

NAME OF BIDDER

BIDDER'S ADDRESS

BIDDER'S PHONE

BIDDER'S FAX NO.

BIDDER’S EMAIL

ADDRESS: ______________________________________

TO: Ebnersmi@Oakland.edu

PROPOSAL FOR: RAC-Partial Roofing Replacement -2026

The Bidder, familiar with all conditions to be encountered affecting the cost of the work and with the Contract Documents: Advertisement for Bids, Instructions to Bidders, Supplementary Instructions to Bidders, the Owner-Contractor Agreement, General Conditions, as Modified and Supplemental General Conditions, the Specifications, Drawings, and any Addenda, does hereby propose to perform all work required to be performed and to furnish all of the labor, materials, tools, equipment, and services necessary to complete the work required in connection with the above project, all in accordance with the contract documents.

All work shall be substantially completed as follows:

April 15, 2026

Liquidated damages of $200 per work day will be assessed for each day beyond the above specified date of the substantial completion of the work.

Base Bid / Base Scope of Work:

Base Bid: Dollars ($ ) Provide Unit Pricing for the Following

Description Measurement Unit Price Metal Deck Replacement Per Square Foot $ Metal Deck Repair Per Square Foot $ Additional Restoration Per Square Foot $ Cast Iron Replacement Per Square Foot $ Additional Spot Roof Replacement

Per Square Foot $

I acknowledge receipt of addenda:

Addendum No. Date Addendum No. Date

Contractors Qualification:

Did your company attend the mandatory pre-bid meeting? □ Yes □ No

If awarded this contract, my company can secure performance, labor and material bonds through a letter of intent issued by Oakland University? □ Yes □ No

If awarded this contract, my company can secure insurance that meets or exceeds the University’s insurance needs? □ Yes □ No

If awarded this contract, my company can mobilize to start the project on time to meet the project completion date? □ Yes □ No

Address, Legal Status and Signature of Bidder

The undersigned bidder does hereby designate the address, given below, as the legal address to which all notices, directions, or other communications may be served or mailed.

Street

City

State

The bidder has the legal status below:

Individual

Partnership

Corporation incorporated under the laws of the State of

Joint Venture

Other (Explain)

How many years has your organization been in business?

How many years has your organization been in business under its present business name?

Is your organization a licensed State of Michigan Electrical Contractor?

Are you able to offer long term manufacturer’s warranties?

EXPERIENCE

Provide a list of three projects, of similar size and scope with associated references. Include size, scope, construction costs, dates and the owner contact information for each.

If ‘yes’ is the answer for the following questions, please provide an explanation.

Has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a construction contract?

Have you ever had a contract terminated?

Have you ever been the subject of a lien or claim in excess of $10,000 by a subcontractor or supplier?

Have any key personnel with your organization been involved with a bankruptcy or reorganization within the last five years?

Have any key personnel with your organization been found in non-compliance with the Michigan Prevailing Wage Act by the Department of Labor and Economic Growth?

Has your organization filed any law suits or requested arbitration regarding any construction contracts within the last 5 years?

SURETY AND FINANCIAL INFORMATION

Provide bank reference:

Name: ___________________________________________________ Address __________________________________________________ Telephone __________________ Email: ________________________ Line of credit (dollars) ______________________________

Who is your bonding agent?

Name: ___________________________________________________ Address __________________________________________________ Telephone __________________ Email: ________________________ Bonding capacity (dollars) ______________________________

Does your company agree to provide financial reports to Oakland University upon request? Failure to agree may result in disqualification of your bid.

• Name of firm on Balance Sheet: _________________________

• Date of Balance Sheet: ________________________________

DUNS number ____________________________

Provide EMR Rating 2018________ 2019________ 2020________

The names and addresses of all persons indicated as partners in this proposal are as follows:

NAME ADDRESS

ACCEPTANCE

Please indicate your acceptance of Oakland University’s Terms and Conditions and the provisions stated in this RFP in the space provided below. Complete the information at the bottom of this document and return this signed page with your RFP response.

Thank you.

I have reviewed and do accept Oakland University’s Terms and Conditions as stated on the University web page. I have read and agree to abide by the terms of this RFP. I also acknowledge that I am a legally authorized representative of the business entity noted below and, as such, have the authority to enter into agreements and make commitments on its behalf:

This proposal is submitted in the name of

(Contractor Name)

Signed By

Typed Name

Title

Signed and sealed this day of

NOTE: OAKLAND UNIVERSITY RESERVES THE FOLLOWING RIGHTS: TO ACCEPT OR REJECT ANY BID; TO REJECT ALL BIDS; TO WAIVE ANY FORMALITIES OR IRREGULARITIES CONTAINED IN A BID THAT DO NOT COMPLY WITH THE TERMS AND CONDITIONS OF THE INVITATION TO BID, ANY MODIFICATIONS TO THE INVITATION TO BID, OR ANY SPECIFICATIONS; TO SELECT THE BID AND/OR ITEMS THAT IN THE SOLE AND ABSOLUTE DISCRETION OF OAKLAND UNIVERSITY ARE IN OAKLAND UNIVERSITY’S BEST INTEREST

WHETHER OR NOT THE BID SELECTED IS THE LOWEST MONETARY BID RECEIVED.

Page 4 of (4)

FORM OF AGREEMENT AND GENERAL CONDITIONS

AIA Document A-107, 1997 Edition "Abbreviated Form of Agreement Between Owner and Contractor" including General Conditions is part of the Contract Documents for this Work as modified by "Other Conditions or Provisions (Article 20)" next following and is incorporated by reference.

AIA DOCUMENT A107-1997

ARTICLE 20 OTHER CONDITIONS OR PROVISIONS

20.1 Modifications to the Agreement

20.1.1 ARCHITECT

20.1.1.1 If no architect or architectural firm retained by the Owner for the Project is specifically identified, the term "Architect" shall mean the Owner's designated Project Manager whenever the term Architect is used or referenced in the Agreement.

20.1.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

20.1.2.1 The following paragraph replaces Paragraph 2.1 in its entirety:

The date of commencement of the Work is the date this Agreement is executed by the Owner.

20.1.2.2 The following paragraph replaces Paragraph 2.3 in its entirety:

The Contractor shall achieve Substantial Completion of the entire Work not later than:

.1 See Bid Form

20.1.3 PAYMENTS

20.1.3.1 The following paragraph replaces Paragraph 4.1.1 and Paragraph 4.1.2 in their entirety:

Based upon Applications for Payment submitted on AIA Document G- 702 to the Project Manager by the Contractor and Certificates for Payment issued by the Project Manager, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents. Payment shall be based on an Owner approved schedule of values written on AIA Document G-703, "Continuation Sheet," columns B and C. A proposal schedule shall be submitted by the Contractor within 7 calendar days of the date of commencement for consideration by the Owner.

20.1.3.2 The following paragraph replaces Paragraph 4.1.3 in its entirety:

Payments due and unpaid under the Contract shall not bear any interest.

20.1.4 ENUMERATION OF CONTRACT DOCUMENTS

20.1.4.1 The following paragraph replaces Paragraph 5.1.6 in its entirety:

Other documents, if any, forming part of the Contract Documents are as follows:

.1 Contract Information Forms.

.2 Project Manual for RFP RAC Partial Roofing Replacement-2026 dated October 29, .3 This executed 1997 edition of the Abbreviated Standard Form Agreement between

Owner and Contractor, AIA Document A107-1997.

.4 Contractor Proposal

.5 Health and Safety Checklist.

.6 Insurance Certificate(s).

.7 Performance, Labor and Material Bonds

In the event of any conflict, discrepancy or inconsistency in the terms and conditions contained in or among any of the documents forming part of the Contract Documents, the terms and conditions most favorable to the Owner, as determined by the Owner, shall control.

20.2 Modifications to the General Conditions

20.2.1 THE CONTRACT DOCUMENTS

20.2.1.1 Amend Paragraph 6.1 to define a Modification as:

A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Owner.

20.2.2 CONTRACTOR

20.2.2.1 Add the following paragraph to Paragraph 8.10:

Construction waste materials or rubbish caused by Contractor's or Subcontractors' operations shall not be disposed of in Owner’s dumpsters or on the Owner's property. On site burning of combustible materials is not permitted. Storage and sale of Contractor’s salvage items on site is not permitted. Remove cleared materials from the work site weekly as Work progresses with no cleared waste or rubbish left on site over weekends unless a designated location for same has been selected and approved by the Owner.

20.2.3 ARCHITECT’S ADMINISTRATION OF THE CONTRACT

20.2.3.1 Delete Paragraph 9.7 and Paragraph 9.8 in their entirety.

20.2.3.2 CLAIMS AND DISPUTES

Delete all references to arbitration in Paragraph 9.10.1; Paragraph 9.10.2; Paragraph 9.10.3; and Paragraph 9.10.4.

20.2.4 CHANGES IN THE WORK

20.2.4.1 The following paragraph replaces Paragraph 12.2 in its entirety:

The following pricing limitations for additions and modifications to the Work shall apply when the unit cost schedule is not a part of the Contract, or when the unit cost schedule does not include the particular additions or modifications to be made.

.1 A Subcontractor's markup for job and general overhead and profit shall not exceed

15% of net labor and material costs.

.2 For Subcontract’s Work, the Contractor's markup for handling, overhead, and profit shall not exceed 7-1/2 percent of the Subcontractor's invoice amounts.

.3 For Work performed by the Contractor, the Contractor's markup for job and general overhead and profit shall not exceed 15% net labor and material costs.

In the case of modifications, markups shall apply only to the differential between new and deleted Work.

The term "job and general overhead" includes supervision and executive expenses, use charges on small tools, scaffolding, blocking, shores, appliances, etc., and other miscellaneous job expenses. The term "net labor cost" is the sum of the base wages and fringe benefits, applicable payroll taxes, and increased expense for contractor's liability insurance (Worker's Compensation, Premises Liability, and Property Damage).

20.2.5 TIME

20.2.5.1 The following paragraph replaces Paragraph 13.3 in its entirety:

The Substantial Completion date may be extended upon approval of the Owner by Change Order for the following causes:

.1 Stop work orders issued and confirmed in writing by Owner.

.2 Change Orders increasing the scope of Work.

.3 Abnormal weather conditions causing delays due to adverse climatic conditions that exceed the expected normal based on data supplied by NOAA (National Oceanic Atmospheric Administrations) National Weather Service, Detroit Metro Airport, Detroit, Michigan 48242.

.4 Lengthy delays due to the unavailability of specific materials and equipment from manufacturers, due to production delays exceeding the normal expected waiting time. The reason for and expected length of the delay should be in writing from the Contractor at the time of the delay.

20.2.6 PAYMENTS AND COMPLETION

APPLICATION FOR PAYMENT

20.2.6.1 The following paragraph replaces Paragraph 14.1.1 in its entirety:

Payment shall be made in proportion to the progress of the Work as certified on the approved

Schedule of Values. Schedule of Values shall show a "Punch List Correction" line item valued at 10% of the Contract Sum. No retainage shall be withheld for each line item on the schedule when completed. Final payment shall be made in accordance with Article 4.2 and this Article 14.

SUBSTANTIAL COMPLETION

20.2.6.2 The following paragraph replaces Paragraph 14.4.1 in its entirety:

Unless otherwise agreed by the Owner in writing the date of Substantial Completion of the Work is the date determined by the Owner when all of the Specification Sections of Work listed under Specifications have been completed and are ready for the punch-list walk-through. Failure to achieve Substantial Completion shall not prevent the Owner from using or occupying all or a portion of the Project workspace, or the building or the facility being altered or repaired, nor shall this usage or occupancy constitute Substantial Completion.

FINAL COMPLETION AND FINAL PAYMENT

20.2.6.3 Add the following Paragraph 14.5.5:

Requests for payments are to be submitted to:

Omar Alhyari Facilities Management Building 411 Pioneer Dr.

Rochester Michigan 48309

The person representing the Contractor who will submit written requests for payments shall be the individual signing the bid proposal document, unless the Owner shall otherwise agree in writing.

20.2.6.3 Add the following Paragraph 14.5.6:

The Owner shall have the right to call for dispute resolution as provided by Subsection (3) of Section 4 of P.A. 1980, No. 524.

20.2.7 HAZARDOUS MATERIALS

20.2.7.1 Delete the word “sole” from the last sentence of Paragraph 15.2.2.

20.2.8 INSURANCE

20.2.8.1 Add the following to Paragraph 16.1:

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

.1 Premises Operations;

.2 Independent Contractors' Operations;

.3 Products and Completed Operations;

.4 Contractual - including specified provision for Contractor's obligation under

Paragraph 10.11;

.5 Owned, non-owned, and hired motor vehicles;

.6 Broad Form Property Damage including Completed Operations;

The insurance required by Paragraph 16.1 shall be written for not less than the following, or greater if required by law:

.7 Worker's Compensation:

(a) State: Statutory;

(b) Applicable Federal (e.g., Longshoremen's):

Statutory;

(c) Employer’s Liability: $1,000,000 per accident $1,000,000 Disease, Policy Limit $1,000,000 Disease, Each Employee;

.8 Comprehensive General Liability (including Premises-Operations; Independent

Contractors' Protective; Products and Completed Operations; Broad Form

Property Damage; Contractual) naming Oakland University as an additional insured:

(a) Combined single limits for bodily injury and property damage:

$1,000,000 Each Occurrence, $2,000,000 Annual Aggregate;

Owner and its Board of Trustees shall be named and additional insured;

(b) Products and Completed Operations to be maintained for one year after final payment;

(c) Property Damage Liability Insurance shall include X, C, and U coverage;

.9 Umbrella Excess Liability: $5,000,000 excess over commercial general liability insurance

.10 Builder’s Risk

Owner will obtain “all risk” insurance coverage for 100% of the replacement value of the Project. Coverage will not provide for any loss of materials connected with the construction due to unexplainable disappearance, theft or misappropriation of any kind or nature. Owner maintains a $50,000 per occurrence deductible but may choose to purchase drop-down coverage to decrease the per occurrence deductible. The Contractor, its Subcontractors and sub-Subcontractors, shall be responsible for the first $10,000 of each and every loss.

.11 Comprehensive Automobile Liability: Combined single limits for bodily injury and property damage: $1,000,000 Each Occurrence

.12 Each Subcontractor and/or consultant shall comply with these insurance requirements except that the Umbrella Liability Policy to be supplied by Subcontractors or consultants shall have limits of $1 million. No insurance policy can be modified or canceled without 30 days prior written notice to the Owner.

.13 Proof of Insurance

Companies authorized to do business in the State of Michigan and rated no less than “A” by the latest edition of Best’s Insurance Guide, published by Alfred M.

Best Co. or equivalent, shall issue all insurance policies. Certificates of Insurance shall be furnished prior to the award of the Contract, which Certificates shall clearly indicate the type, amount and classifications as required by this Contract.

The Certificates must provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, the Owner shall be given thirty (30) day notice thereof. Updated Certificates of Insurance shall be sent to Owner at the time of renewal of any policy.

PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE

20.2.8.2 Pursuant to Paragraph 16.3.1., the Contractor will not be required to purchase and maintain Project

Management Protective Liability insurance for construction operations under the Contract.

PROPERTY INSURANCE

20.2.8.3 The following paragraph replaces Paragraph 16.4.1 in its entirety:

Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the State of Michigan, property insurance on an “all-risk” policy form, including builder’s risk, in the amount of the initial Contract Sum plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis. The Contractor, its Subcontractors and sub-Subcontractors, shall be responsible for the first $10,000 of each and every loss. Notwithstanding any other provisions contained herein to the contrary, the Contractor shall be responsible for any and all loss of materials connected with the construction due to unexplainable disappearance, theft or misappropriation of any kind or nature.

20.2.8.4 Amend the first sentence of Paragraph 16.4.2 to read as follows:

The Owner may file a copy of each policy with the Contractor before an exposure to loss may occur.

WAIVERS OF SUBROGATION

20.2.8.2 Delete Paragraph 16.5.1 in its entirety.

20.2.9 CORRECTION OF WORK

20.2.9.1 The following paragraph replaces Paragraph 17.1 in its entirety:

The Contractor shall promptly correct any Work rejected by the Project Manager as defective or as failing to conform to the Contract and whether observed before or after Substantial Completion whether or not fabricated, installed or completed, and shall correct any Work found to be defective or nonconforming within a period of one year from the date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. The provisions of this Article 17 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense.

20.2 Other Terms and Conditions

20.3.1 Prevailing Wage

This Contract is subject to the prevailing wage provisions of Act No. 10 of Michigan Public Acts of 2023 (“The Act”) and the Contractor shall pay prevailing wages, that is, the rates of wages and fringe to be paid to each class of mechanics by the Contractor and all Subcontractors shall be not less than the wage and fringe benefit rates prevailing in the locality in which the work is to be performed.

The prevailing wages and fringe benefits determined by the Michigan Department of Labor for the Project are attached hereto and made a part hereof by this reference and are a part of the Specification of the Work to be performed. If the Contract is not awarded or Work undertaken within ninety (90) days of the date of the Michigan Department of Labor’s wage and fringe benefit determination as shown on the attachment, the Michigan Department of Labor shall make a re-determination before the Contract is awarded and the new determination shall become part of the Specifications of the Work to be performed. Construction Mechanics are the intended beneficiaries of the contractual prevailing wage, fringe benefit, and nondiscrimination nonretaliation requirements of the Act. Any construction mechanic aggrieved by the failure of a contractor or subcontractor to pay prevailing wages or benefits as specified in the contract, or by a violation of section 7 of the Act, in addition to any other remedies provided in this act or by law, may bring an action in a court of competent jurisdiction against the contractor or subcontractor for damages or injunctive relief and may be awarded reinstatement or other appropriate relief, and all damages sustained, together with actual costs and attorney fees at trial and on appeal.

20.3.2 Bond Requirements

The Contractor shall furnish satisfactory performance bonds and labor and material bonds in the amount of 100% of the Contract Sum within seven (7) calendar days after having been informed by the Owner of intent to award the Contract. The bonds shall be written on A.I.A. Form A-311 or its equivalent.

20.3.3 Conflict of Interest

Owner is a public institution and all of its employees and public officers must conduct all of Owner’s affairs solely to promote the best interests of the Owner rather than a personal interest. Consistent with this concept, the Owner has a conflict-of-interest policy which prohibits employees and public officers from having a personal financial interest in transactions with the Owner unless certain disclosure requirements are met. The policy also prohibits employees and public officers from accepting gifts from entities with which the Owner engages in commercial transactions. Any violation of said policy or State laws governing the conduct of public officers and public employees shall be grounds for termination of the Contract.

20.3.4 Environmental Health and Safety Requirements

Contractor must comply with all federal, state and local regulations pertaining to occupational health/safety and protection of the environment. Owner has the right to suspend or terminate any Contractor/Subcontractor activities if Owner’s Office of Environmental Health and Safety reasonably believes that one or more of these regulations is being violated.

Contractor must complete and return the “OU Bidder’s Health and Safety Checklist”. Further, once selected, the Contractor must have ALL Subcontractors complete the “OU Subcontractor’s Health and Safety Checklist” and return the completed Checklist(s) to the Project Manager at least seven

(7) days before Subcontractor Work begins on the Project.

The following requirements are provided to inform Contractor of its environmental, health and safety obligations on the Project. The requirements herein do not nullify or limit any local, state or federal regulations. Contractor is obligated to insure that all Subcontractors adhere to all applicable health and safety laws, regulations, and orders, including but not limited to the terms and requirements contained in this Contract.

The requirements in this section are intended to highlight the type of Environmental Health & Safety concerns that commonly apply to contracted activities on Owner’s campus; they are in no way intended to be comprehensive of all regulatory requirements that apply to the Contractor.

.1 Hazard Communication: Owner requires the Contractor to maintain at its job site(s) the Material Safety Data Sheets (MSDS) for all hazardous materials brought onto campus. Copies of these MSDS must also be provided to the Owner’s Project Manager no less than two (2) weeks prior to the commencement of the Work.

Failure to submit MSDS may result in suspension of Work activities until the MSDS are obtained. If Contractor is to work with hazardous products, it shall notify and update the Owner’s Project Manager of a) proposed work schedules, b) what to expect in terms of noises/odors, and c) how to access MSDS. The Contractor must also be able to demonstrate that its employees have received “Haz Com” (i.e.

Michigan Right-to-Know), and thereby possess a broad understanding of “MSDS language.” Contractor-owned chemical containers must be labeled with the product name and hazards.

.2 Confined Spaces: Prior to working in confined spaces on campus, the Contractor must have its written Confined Spaces Program and Permit System reviewed by the Owner’s Office of Environmental Health & Safety (EH&S) to ensure the documents meet minimum acceptable standards under the current OSHA/MIOSHA regulation(s). EH&S then has the right to require amendments or additions to these documents before work is allowed to begin. The Contractor must provide its own atmospheric testing, personal protection, and ventilating and rescue equipment as required. The Contractor should seek information from Owner on any known hazards of the confined spaces to be entered. All manholes and utility tunnels are considered confined spaces.

.3 Ladders: Contractor is responsible to supply its own ladder(s). When in use, ladders should be tied off and extension ropes secured. When used as accesses to elevated work areas, ladders must extend at least three (3) feet beyond the platforms. If using a ladder in or over a doorway, the area must be barricaded and signed. Contractor must be able to demonstrate that its employees have received formal instruction which addresses fall protection. This training should minimally include: 1) Nature of the fall hazards onsite; 2) Correct procedures for erecting, maintaining and disassembling fall protection system(s) to be used; 3) Proper use, placement and care in handling of all ladders; and 4) Maximum intended load-carrying capacities of ladders used.

.4 Personal Protective Equipment (PPE): Contractor is responsible to provide appropriate (per 29 CFR Part 1910 Subpart I) PPE to its employees and ensure its use. This includes proper respirator training, fit-testing and equipment (per 29 CFR 1910.134).

.5 Aerial or Elevated Work Platforms: In order to use an (Owner- or Contractor-owned) aerial work platform (AWP) Contractor must comply with all of the pre-operational and operating procedures identified in the Michigan Department of Labor’s Construction Safety Standards Part 32 of 1992. [In order to operate an Owner-owned aerial work platform, Contractor should also be familiar with Owner’s Aerial Work Platform Program (copies available in EH&S). Minimally, this means that Contractor will ensure that its employees will not use elevated aerial platform unless they 1) have received formal instruction in AWP inspection and operation, 2) have its aerial work platform Permits onsite, and 3) use safety belts/harnesses where necessary.

.6 Compressed Gas Cylinders: Compressed gas cylinders belonging to Contractor must be properly segregated and secured (with chains or similarly reliable restraining devices) to wall or floor mounted support systems, cylinder storage racks etc., when not in transit. Protective caps must be in place during transit or when not in use.

.7 Lockout/Tagout: Contractor must follow all of OSHA lockout/tagout requirements of 29 CFR 1910.147, provide its own lockout/tagout supplies, and be able to demonstrate that its employees have received formal instruction in “lock-tag-try” procedures. Copies of Contractor’s written Lockout/Tagout Program should also be available upon request.

.8 Hot Work: Any and all “hot work” (e.g., soldering, torching, brazing, welding) performed on campus must be monitored using a “Hot Work Permit”. Hot Work Permits are available in EH&S, or through the Project Managers.

.9 Excavations: Minimum requirements for trenching and shoring area are as follows:

1) Banks greater than five (5) feet high shall be shored, laid back to a stable slope, or provided with some equivalent means of protection. Protection shall be provided for a trench of any depth where employees may be exposed to hazardous ground movement; 2) Sides of trenches that are equal to or greater than five (5) feet in depth in soft or otherwise unstable material must be shored, sheeted, braced, sloped or otherwise supported, in accordance with Michigan Department of Labor’s Construction Safety Standards Part 9; 3). When employees are required to be in trenches that are greater than or equal to four (4) feet in depth, an adequate means of exit (e.g. ladder or steps) shall be provided and located so as to require no more than twenty-five (25) feet of lateral travel; 4) All excavations must be protected by barricades a minimum of forty-two (42) inches high.

.10 Evacuation/Shelters: Contractor must become familiar with Owner’s emergency evacuation/shelter procedures. Procedures and shelter locations are posted in each building and should be reviewed when entering new work areas.

.11 Housekeeping: Contractor will regularly (per agreement with Owner) ensure that

1) excess material/trash are removed from work sites; 2) passageways (e.g.

sidewalks, hallways) are cleared of obstructions; 3) equipment is shut down and secured; and 4) lighted barricades are erected where necessary.

.12 Asbestos and PCBs: Contractor must immediately notify Owner’s Project Manager if suspected asbestos-containing material (ACM) is unexpectedly encountered during its work activities. Work must then be suspended until an investigation is performed by the Owner, and a determination made regarding how to proceed.

Under no circumstances should Contractor or Subcontractors abate or handle suspected ACM unless Owner has explicitly requested these services, and confirmed training/licensure. Contractor working with older fluorescent light fixtures should be aware of light ballasts. Unless clearly marked with the words “No PCBs” or “Non-PCB,” the ballast is assumed to contain a PCB small capacitor.

The Owner’s Plant Maintenance Department will assist with proper handling, and fund the proper disposal, of waste ballasts.

.13 Chlorofluorocarbons (CFCs): Per the Clean Air Act Amendments of 1990, Contractor working on refrigeration systems, air conditioning units or any other type of CFC-containing equipment shall not vent CFCs to the atmosphere. If CFCs must be released, Contractor shall recover CFC gases for recycling in proper CFC recovery units.

.14 Contaminated Soil and Debris: Contractor encountering any contaminated soil or buried debris during excavation or grounds maintenance must immediately notify the Owner’s Project Manager. These materials may not be moved/removed until approved by the Owner.

.15 Hazardous Materials: In addition to complying with the Michigan Right-to-Know

Law, Contractor must use and store hazardous materials in accordance with all local, state and federal regulations. Special attention must be paid to the segregation of incompatible materials and the handling/storage of flammable and/or volatile materials. At the end of each work day, hazardous materials must be properly secured, stored in OSHA approved containers, and placed in locations authorized by the Owner’s Project Manager, or removed from Owner’s property.

.16 Sinks, Drains and Sewers: Contractor may not use any Owner sinks, drains or catch basins for the washing of any equipment, tools or supplies, or the disposal of any liquids, (excluding consumable products and hand-soap/water) without the express permission of Owner’s Project Manager. This restriction applies to all sinks (including water fountains) in laboratories, offices and maintenance areas.

Additionally, no polluting or hazardous liquids (such as motor oils, cleaners, solvents, paints, diesel fuels, antifreeze, etc.) may be drained onto roads, parking lots, ditches, wetlands, dirt piles or other soil, or into storm or sanitary sewers.

.17 Transportation of Hazardous Materials: Contractor transporting hazardous materials (e.g. reclaimed materials, chemicals, fuels and oils, concrete) to and from campus must follow all applicable DOT regulations. This includes proper shipping papers, placarding, material segregation and weight limits.

.18 Waste Disposal: Contractor is responsible to provide trash containers and fund the removal/disposal of construction debris and general trash. Contractor is also responsible for the proper collection, labeling, transporting, manifesting and disposal of polluting or hazardous wastes such as solvents, paints, oil or antifreeze (and rags contaminated with any of these materials), per 40 CFR Part 261 and Michigan Act 64 of 1979. Copies of all manifests should remain available for Owner review upon request. Under no circumstances may hazardous wastes be disposed of in Owner-owned dumpsters, waste containers, drains or sewers, or drained onto roads, parking lots, ditches, wetlands, dirt piles or other soil.

.19 Spills and Accidents: Contractor must immediately notify the Owner’s Project

Manager in the event that its activities result in a (non-negligible) spill of a hazardous material, or an accident or an injury (to any individual). Contractor must complete the “Contractor Incident Report Form” and return to it to the Owner’s Project Manager within twenty-four (24) hours of being provided the form by the Project Manager. Owner reserves the right to suspend or terminate work activities if the Contractor Incident Report Form is not completed within twenty-four (24) hours of receipt, is not completed in its entirety, or if health and safety deficiencies reflected in the report are not corrected to the satisfaction of Owner.

20.3.5 Nondiscrimination: Each party shall be separately responsible for compliance with all federal and state nondiscrimination laws. This term includes the applicable sections of the Michigan Persons with Disabilities Civil Rights Act (P.A. 1976, No.220, being MCLA 37.1101 et seq.) and the Elliott-Larsen Civil Rights Act (P.A. 1976, No. 453, as amended, being MCLA 37.2101 et seq.) and, in particular, the provision that illegal discrimination by the contractor may be considered a material breach of this agreement.

20.3.6 Termination For Unfair Labor Practices: The Owner may void this Contract if the name of the

Contractor, or the name of a Subcontractor, manufacturer, or supplier of the Contractor subsequently appears in the register of employers who have been found in contempt of court by a federal court of appeals for failure to correct an unfair labor practice, as further conditioned in Section 2 of Michigan PA 1989, No. 278, found at MCL 423.321 et seq.

20.3.7 Taxes: The Contractor shall include and be deemed to have included in its bid and contract price all Michigan Sales and Use Taxes currently imposed by Legislative enactment and as administered by the Michigan Department of Treasury, Revenue Division, on the bid date.

20.3.8 Safety Regulations: The Contractor shall conform to the "General Safety Rules and Regulations" for the Construction Industry, as prescribed by the Construction Safety Commission, Department of Labor, Bureau of Safety and Regulations, Lansing, Michigan, and the Occupational Safety and Health standards of the United States Department of Labor. This shall be made a condition of each Subcontract entered into pursuant to the Contract.

20.3.9 Protection Of University Property: The Contractor shall be responsible for the protection of

Owner’s property during the period of construction and shall exercise care to prevent damage to buildings, lawns, trees, plant materials, fences, walks, drives, roadways, signs, light poles, utilities, and other improvements in and adjacent to the area of work under this contract. Any damage to the Owner’s property resulting from the Contractor's operations shall be repaired or replaced by the Contractor without additional cost to the Owner. The Contractor shall take all necessary precautions to protect ramps, curbs, sidewalks and grounds, when employing heavy equipment.

The Owner reserves the right to identify the damages for "Immediate Repair" resulting from Contractor's operations. Such damages shall be repaired within three (3) working days, at the Contractor's expense. Failing to repair such damages within the three day period the Owner will proceed to have the same repaired. The Contractor shall reimburse the Owner for the same.

Payments in the amount of the Owner's expenditures for "Immediate Repair" will be withheld until Contractor has repaired all damages and has made all reimbursements to the Owner.

20.3.10 Protection In Work Area: The Contractor shall provide, erect and maintain all necessary barricades, signs, signals, lights and fencing as needed for the protection of the property and safety of the public, and shall hold the Owner harmless from damage or claims arising out of personally owned property incidental to work under the Contract.

20.3.11 Protection Of Personnel: Contractor's attention is called to the fact that strict compliance will be adhered to regarding all safety and health requirements related to Work in this Project. Contractor shall understand, conform and adhere to all legal requirements for removal and proper disposal of discarded materials.

20.3.12 Protection Of Contractor's Property: The Owner gives no assurances, verbal or otherwise, as to the security of Contractor's property.

20.3.13 Use Of Owner's Sidewalks, Grounds, Fire Hydrants And Hose Bibs: Contractor is strictly prohibited from driving vehicles over Owner’s sidewalks and grounds. Permits are granted as an exception, for the express purpose of carrying heavy loads to the site, over sidewalks and grounds. Contractor shall seek this permit for employees and Subcontractors through the project manager and Public Safety Department, when required, providing at least twenty-four (24) hour advance notice.

Contractor shall inform Public Safety Department prior to and after the use of fire hydrants. The Public Safety Department will check the hydrants to ensure that the hydrants have not sustained any damage due to contractor's operations.

When using hose bibs on buildings use only valve keys of the size and style required. Any other method is prohibited and all repairs to fixtures as a result of other methods will be charged to the Contractor. It is the Contractor's responsibility to inspect all fixtures prior to using and report any damaged fixtures to Owner's representative.

20.3.14 Use Of Premises: During the Contractor's performance of the Work, the Owner will continue to occupy adjacent areas in the existing buildings. Interruption of building access and facilities by the Contractor will not be permitted to whatever extent such interruptions might interfere with Owner's occupancy and operations. Planned or accidental disruption of academic or administrative building systems, and/or utility services, must be brought to the immediate attention of the Owner’s Engineer. Floor or wall corings, trenching and/or excavation work must first have the approval of the Owner’s Engineer. Contractor will limit construction operations methods and procedures, in and adjacent to Owner's occupied spaces, to those that minimizes noise, dust, odors, air pollution, ambient discomfort, hazards and other undesirable effects and conditions.

20.3.15 Shop Drawings And Samples: Contractor shall submit one (1) reproducible transparency (mylar copy and two (2) prints of all required shop drawings, thoroughly checked, noted, dated and stamped "Approved by the Contractor"). No shop drawings will be reviewed that have not been checked by the Contractor. The Owner’s Project Manager will have shop drawings reviewed and will return sepia copy with approval notes, if any, to the Contractor for printing and distribution to the various trades.

20.3.16 Project Record Documents-As Built Records: Throughout progress of the Work, Contractor shall maintain an accurate record of changes in the Contract Documents, on one complete set of documents comprising the Contract. Upon completion of the Work, Contractor shall provide the Owner with a printed set of all drawings in the Contract and also in PDF format in a manner requested by the University.

20.3.17 Operation And Maintenance Manuals: To aid the continued instruction of operating and maintenance personnel, and to provide a positive source of information regarding the products incorporated into the Work, Contractor shall furnish and deliver three (3) copies of Maintenance Manuals (Manual or Manuals). Contractor shall prepare manuals in accordance with the following provisions:

.1 A neatly typewritten index near the front of the Manual, giving immediate information as to location within the Manual…