PPS 12th STREET ELEM ROOF REPLACEMENT SPECIFICATIONS 2024 02-02.pdf

Tower Pinkster Titus Associates, Inc.

242 East Kalamazoo Avenue, Suite 100, Kalamazoo, MI 49007-5828

4 East Fulton Street, Suite200, Grand Rapids, MI 49503

PORTAGE 12th STREET ELEMENTARY

SCHOOL ROOF REPLACEMENT

PROJECT MANUAL

FEBRUARY 2, 2024

OWNER

PORTAGE PUBLIC SCHOOLS

8107 MUSTANG DRIVE

PORTAGE, MI 49002

PROJECT NUMBER

Architect’s Project No. 23187

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PROJECT NO. 23187 TABLE OF CONTENTS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 1

PORTAGE PUBLIC SCHOOLS FEBRUARY 2, 2024

[Copyright] 2024 Tower Pinkster Titus Associates - All Rights Reserved

TABLE OF CONTENTS

COVER & TABLE OF CONTENTS

00 0101 - COVER PAGE

00 0110 - TABLE OF CONTENTS

DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS

00 1113 - ADVERTISEMENT FOR BIDS

00 2113 - INSTRUCTIONS TO BIDDERS

00 4100 - BID FORM

00 4518 - FAMILIAL STATEMENT OF DISCLOSURE

00 4519 - NONCOLLUSION AFFIDAVIT

00 4546 - GOVERNMENTAL CERTIFICATIONS

00 4553 - BIDDER’S CERTIFICATION REGARDING RESPONSIBILITY MATTERS

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 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 5000 - TEMPORARY FACILITIES AND CONTROLS

01 6000 - PRODUCT REQUIREMENTS

01 7300 - EXECUTION

01 7700 - CLOSEOUT PROCEDURES

01 7839 - PROJECT RECORD DOCUMENTS

DIVISION 02 — EXISTING CONDITIONS

02 4119 - SELECTIVE DEMOLITION

DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES

06 1000 - ROUGH CARPENTRY

06 1600 - SHEATHING

PROJECT NO. 23187 TABLE OF CONTENTS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 2

DIVISION 07 — THERMAL AND MOISTURE PROTECTION

07 3113 - ASPHALT SHINGLES

07 7100 - ROOF SPECIALTIES

07 9200 - JOINT SEALANTS

DIVISION 32 — EXTERIOR IMPROVEMENTS

32 9200 - TURF AND GRASSES

PROJECT NO. 23187 ADVERTISEMENT FOR BIDS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 1113 - 1

SECTION 00 1113 - ADVERTISEMENT FOR BIDS

Notice is hereby given that bids will be received via sealed bid or electronic submission to:

By: Portage Public Schools – Purchasing 8107 Mustang Drive Portage, MI 49002 Bids must be mailed or delivered no later than February 19, 2024 @ 1:00 PM

For: 12TH Street Elementary School Roof Replacement 6501 South 12th Street Portage, MI 49024

Bids will be received and publicly opened and read at the Portage Public Schools Administration Building, 8107 Mustang Drive, Portage, Michigan 49002.

All work for the complete construction of the Project will be under one prime contract.

Project Description: Removal of the existing roof shingles, an additional layer of OSB sheathing and a compete new shingle roof replacement as specified.

Bid Documents will be available Monday, February 5 2024. Electronic PDF Copies for can be obtained by request.

Contact the office of the Architect. Att: Kayla Mielke, kayla.mielke@towerpinkster.com.

All questions shall be emailed to Steve Phelps, PPS Facilities Manager (sphelps@portageps.org ) and Kayla Mielke, TowerPinkster Project Administrator (kayla.mielke@towerpinkster.com ).

As required by State Law (P.A. 232 of 2004), all bids shall be accompanied by the following disclosure statements;

Noncollusion Affidavit, Iran Economic Sanctions Act and Certification Regarding Responsibility Matters. Notarized disclosure statements are required for recommendation to the School Board for Award.

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.

A pre-bid meeting is not planned for this project. Contact PPS facilities to schedule a site visit if needed.

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 their judgment, serve the District’s best interests.

END OF DOCUMENT 00 1113

mailto:kayla.mielke@towerpinkster.com mailto:sphelps@portageps.org mailto:mgalovan@towerpinkster.com

PROJECT NO. 23187 INSTRUCTIONS TO BIDDERS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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 (State of Michigan Bureau of Construction Codes) 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.

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 2113 - 2

ARTICLE 4 – BIDDING PROCEDURE

4.1 PREPARATION OF BIDS

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

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 2113 - 3 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.

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.

ARTICLE 9 – ADDITIONAL ITEMS

9.1 EXECUTION OF THE CONTRACT

9.1.1 Subsequent to the Notice of Intent to Award, and within ten [10] days after the prescribed Form of Agreement is presented to the Awardee for signature, the Awardee shall execute and deliver the Agreement to Owner through Architect in such number of counterparts as Owner may require.

9.1.2 Owner may deem as a default the failure of the Awardee to execute the Contract and to supply the required bonds when the Agreement is presented for signature within the period of time allowed.

9.1.3 Unless otherwise indicated in the Procurement and Contracting Documents or the executed Agreement, the date of commencement of the Work shall be the date of the executed Agreement

9.2 PRE-BID MEETING

A mandatory pre-bid meeting is not planned for this project. It is encouraged that interested bidders contact the Owner or Architect to set up a time to review the site conditions.

END OF DOCUMENT 00 2113

PROJECT NO. 23187 BID FORM

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 4100 - 1

SECTION 00 4100 - BID FORM

THE PROJECT AND THE PARTIES:

TO: Portage Public Schools (the Owner) 8107 Mustang Drive Portage, Michigan 49002

FOR: 12th Street Elementary School Roof Replacement

DATE: __________________________________ (Bidder to enter date)

SUBMITTED BY: (Bidder to enter name and address)

Bidders Full Name ______________________________

Address ______________________________

City, State, and Zip ______________________________

Phone Number ______________________________

Email address ______________________________

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.

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

o All applicable taxes are included in the Bid Sum.

o Fully executed Document 00 4519 – Noncollusion Affidavit is attached.

o Fully executed Document 00 4546 – Governmental Certifications form is attached o Fully executed Document 00 4553 – Responsibility Matters Certificate

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

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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, work can begin as soon as:

June 10, 2024.

Work shall be completed by:

August 19, 2024.

UNIT PRICES

Unit Price No. 1 - Existing Sheathing Replacement:

________________________________________________ Dollars ($_________________) Per 32 square feet

Unit Price No. 2: Existing Metal Fascia Material Replacement

________________________________________________ Dollars ($_________________) Per 10 linear feet

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.

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.

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 4100 - 3

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. 23187 FAMILIAL STATEMENT OF DISCLOSURE

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 4518 - 1

SECTION 00 4518 - FAMILIAL STATEMENT OF DISCLOSURE

THE PROJECT AND THE PARTIES:

TO: Portage Public Schools

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. 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."

2. 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.

By:

(Authorized signing officer, Title)

PROJECT NO. 23187 FAMILIAL STATEMENT OF DISCLOSURE

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 4518 - 2

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 4518

PROJECT NO. 23187 NONCOLLUSION AFFIDAVIT

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 4519 - 1

SECTION 00 4519 - NONCOLLUSION AFFIDAVIT

THE PROJECT AND THE PARTIES:

TO: Portage Public Schools

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

By:

PROJECT NO. 23187 NONCOLLUSION AFFIDAVIT

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 4519 - 2

(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. 23187 GOVERNMENTAL CERTIFICATIONS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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 Portage Public School’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 Portage Public Schools 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 Portage Public Schools 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. 23187 BIDDER’S CERTIFICATION REGARDING RESPONSIBILITY MATTERS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 4553 - 1

SECTION 00 4553 - BIDDER’S CERTIFICATION REGARDING RESPONSIBILITY MATTERS

THE PROJECT AND THE PARTIES:

TO: Portage Public Schools (the Owner) 8107 Mustang Drive Portage, Michigan 49002

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

The Bidder certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

2. Have not, within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated above in this certification.

4. Have not, within a three-year period preceding this agreement had one of more public transactions (Federal, State, or local) terminated for cause or default.

5. Is not now or has been, within a three-year period preceding this date, been listed on the Excluded Parties List System website (EPLS).

SUBMITTED BY: (Bidder to enter name)

Bidder's Full Name __________________________________________

A Corporation organized and existing under the laws of the State of ______________________________.

Name, title, and signature of individual authorized to execute contracts:

Name __________________________________________

Title __________________________________________

Signature __________________________________________

END OF DOCUMENT 00 4553

PROJECT NO. 23187 CADD FILE TRANSFER WAIVER

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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 6325

PROJECT NO. 23187 BIM TRANSFER WAIVER

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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. 23187 SUBSTITUTION DURING CONSTRUCTION REQUEST FORM

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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. 23187 GENERAL CONDITIONS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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. 23187 SUPPLEMENTARY CONDITIONS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 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).

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 7300 - 2

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

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 7300 - 3 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:

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 7300 - 4

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, 15 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, 15 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 Clauses 9.3.1.3 and 9.3.1.4 to Subparagraph 9.3.1 of 9.3:

.3 Until the Work is 50 percent complete, the Owner will pay 90 percent of the amount due the Contractor on account of progress payments. At the time the work is 50 percent complete and thereafter, if the manner of completion of the Work and its progress are and remain satisfactory to the Architect and in the absence of other good and sufficient reasons, the Architect will (on presentation by the Contractor of Consent of Surety for each application) authorize any remaining partial payments to be paid in full.

.4 The full Contract retainage may be reinstated if the manner of completion of the Work and its progress do not remain satisfactory to the Architect (or if the Surety withholds its consent) or for other good and sufficient reasons.

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).

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 7300 - 5

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.

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) $2,000,000.00

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 $2,000,000.00

4) Personal Injury $1,000,000.00

5) Fire Damage (Any one fire) $100,000.00

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 $5,000,000.00

2) Aggregate $5,000,000.00

D. Worker's Compensation:

1) State Statutory

2) Applicable Federal Statutory

3) Employer Liability:

a. Each Accident $500,000.00

b. Disease - Policy Limit: $500,000.00

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 7300 - 6

c. Disease - Each Employee: $500,000.00

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. 23187 WAGE RATE REQUIREMENTS

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 00 7343 - 1

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. 23187 SUMMARY

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 01 1000 - 1

SECTION 01 1000 - SUMMARY

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. Project information.

2. Work covered by Contract Documents.

3. Phased construction.

4. Work under separate contracts.

5. Purchase contracts.

6. Access to site and Construction Phasing

7. Coordination with occupants.

8. Work restrictions.

9. Specification and drawing conventions.

10. Miscellaneous provisions.

1.2 PROJECT INFORMATION

A. Project Identification: 12th Street Elementary School

1. Project Location:

6501 South 12th Street Portage, Michigan 49024

B. Owner:

Portage Public Schools 8107 Mustang Drive Portage, Michigan 49002

1. Owner's Representative:

Steve Phelps – Portage Public School, Facilities Manager 2501 Zylman Road Portage, Michigan 49002 sphelps@portageps.org

C. Architect:

Mike Galovan - Tower Pinkster Titus Associates, Inc.

242 E. Kalamazoo Avenue, Suite 200 Kalamazoo, MI 49007 mgalovan@towerpinkster.com mailto:sphelps@portageps.org

PORTAGE 12th STREET ELEMENTARY SCHOOL ROOF REPLACEMENT 01 1000 - 2

1.