PPS NHS Basketball Backboards 2019 03-08.pdf

Tower Pinkster Titus Associates, Inc.

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

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

NORTHERN HIGH SCHOOL

BASKETBALL BACKBOARDS

PROJECT MANUAL

MARCH 8, 2019

OWNER

Portage Public Schools 8107 Mustang Drive

Portage, Michigan 49002

PROJECT NUMBER

Architect’s Project No.

18-102.10

PROJECT NO. 18-102.10 TABLE OF CONTENTS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 0 - 1

PORTAGE PUBLIC SCHOOLS 03/08/2019

© 2019 Tower Pinkster Titus Associates - All Rights Reserved

TABLE OF CONTENTS

DRAWING / SKETCHES

SK-1 FLOOR PLAN SKETCH

SK-2 ROOF FRAMING PLAN SKETCH

SK-3 SECTION VIEW

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

PROCUREMENT REQUIREMENTS

00 1113 Advertisement for Bids 00 2113 Instructions to Bidders 00 3100 Available Project Information 00 4100 Bid Form 00 4519 Noncollusion Affidavit 00 4546 Governmental Certifications 00 4553 Bidder's Certification Regarding Responsibility Matters

CONTRACTING REQUIREMENTS

00 7200 General Conditions 00 7300 Supplementary Conditions 00 7343 Wage Rate Requirements

DIVISION 01 - GENERAL REQUIREMENTS

01 1000 Summary 01 2500 Substitution Procedures 01 2600 Contract Modification Procedures 01 2900 Payment Procedures 01 3100 Project Management and Coordination 01 3200 Construction Progress Documentation 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 01 7300 Execution 01 7700 Closeout Procedures 01 7839 Project Record Documents

DIVISION 11 – EQUIPMENT

11 6623 Gymnasium Equipment

END OF TABLE OF CONTENTS

SK-1 FLOOR PLAN

SK-2 FRAMING PLAN

new backborad 2,200 lbs new backborad 2,200 lbs

SK-3 SECTION VIEW

PROJECT NO. 18-102.10 ADVERTISEMENT FOR BIDS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 1113 - 1

SECTION 00 1113 - ADVERTISEMENT FOR BIDS

FROM:

THE OWNER:

Portage Public Schools 8107 Mustang Drive Portage, Michigan 49002

AND THE ARCHITECT:

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

TO: POTENTIAL BIDDERS

Bids will be accepted from bidders under seal to Owner at 11:30 a.m. on March 22, 2019 for the following project:

Northern High School Basketball Backstop Installation

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

Project Description: Provide overhead supported, power folding basketball backstops in the existing “Igloo” fieldhouse located at Portage Northern High School.

Bid Documents will be available March 8, 2019. Electronic PDF Copies for can be obtained by request. Contact the office of the Architect. Att: Mike Galovan, mgalovan@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. Bids that do not include these sworn and notarized disclosure statements will not be accepted.

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

There will be a mandatory pre-bid meeting at the project site beginning at 4:00 p.m. on March 13, 2019. The purpose is to consider questions posed by bidders and to tour the site. The meeting is mandatory for all prime contract bidders. Bids will not be considered from a bidder that does not have a representative attend.

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:mgalovan@towerpinkster.com

PROJECT NO. 18-102.10 INSTRUCTIONS TO BIDDERS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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 553 East Jefferson Avenue Detroit, MI 48226

(313) 965-4100

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

ARTICLE 1 – DEFINITIONS

Make the following revisions to paragraph 1.1:

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

ARTICLE 2 – BIDDER'S REPRESENTATIONS

Add the following clause 2.1.3.1 to subparagraph 2.1.3:

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

ARTICLE 3 – BIDDING DOCUMENTS

3.3 SUBSTITUTIONS

Add the following Sub-paragraph 3.3.5:

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

ARTICLE 4 – BIDDING PROCEDURE

4.1 PREPARATION OF BIDS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 2113 - 2

Add the following clause 4.1.1.1 to subparagraph 4.1.1:

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

Add the following Subparagraph 4.1.8:

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

4.2 BID SECURITY

Omit the last sentence of Subparagraph 4.2.1.

Add the following Subparagraph 4.2.4:

4.2.4 A bid security will not be required for this project.

4.4 MODIFICATION OR WITHDRAWAL OF BID

Add the following clauses to Subparagraph 4.4.2:

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

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

ARTICLE 5 – CONSIDERATION OF BIDS

Add the following subparagraph 5.2.1 to paragraph 5.1:

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

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 2113 - 3

ARTICLE 6 – POST BID INFORMATION

6.2 OWNER’S FINANCIAL CAPABILITY

Omit Paragraph 6.2.

6.3 SUBMITTALS

Replace Subparagraph 6.3.1 with the following:

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

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

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

ARTICLE 7 – PERFORMANCE BOND AND PAYMENT BOND

7.1 BOND REQUIREMENTS

Add the following Subparagraph 7.1.4:

7.1.4 Performance and Payment Bonds will not be required

ARTICLE 9 – ADDITIONAL ITEMS

Add the following Article 9 to the Instructions to Bidders:

9.1 EXECUTION OF THE CONTRACT

9.1.1 Subsequent to the Notice of Intent to Award, and within 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 MEETINGS

9.2.1 There will be a mandatory pre-bid meeting at each project site at 4:00 pm on March 13, 2019. This meeting is mandatory for all prime contract bidders. No bid will be considered from a bidder that does not have a representative at this meeting.

END OF DOCUMENT 00 2113

PROJECT NO. 18-102.10 AVAILABLE PROJECT INFORMATION

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 3100 - 1

SECTION 00 3100 - AVAILABLE PROJECT INFORMATION

EXISTING REPORTS AND SURVEYS

STRUCTURAL FINDINGS FOR WOOD BEAMS SUPPORT OF ATHLETIC EQUIPMENT

See the attached letter from Nehil-Sivak dated May 1, 2017 containing the findings for supporting the new athletic equipment from the existing wood beam framed structure.

END OF DOCUMENT 00 3100

PROJECT NO. 18-102.10 BID FORM

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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: Northern High School Basketball Backstops

DATE: __________________________________ (Bidder to enter date)

SUBMITTED BY: (Bidder to enter name and address)

Bidders Full Name ______________________________

Address ______________________________

City, State, and Zip ______________________________

Phone Number ______________________________

Fax Number ______________________________

OFFER

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

Northern High School Basketball Backstops

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

All applicable taxes are included in the Bid Sum.

Fully executed Document 00 4519 – Noncollusion Affidavit is attached Fully executed Document 00 4546 – Governmental Certifications – Iran Economic Sanctions Act Fully executed Document 00 4553 – Bidder’s Certificate Regarding Responsibility Matters

ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for thirty days from the bid closing date.

CONTRACT TIME

If this Bid is accepted, we will complete the Work within a two-week window in the summer. Starting on July 1, 2019 and completing on July 12, 2019.

PROJECT NO. 18-102.10 BID FORM

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 4100 - 2

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.

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. 18-102.10 NONCOLLUSION AFFIDAVIT

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 4519 - 1

SECTION 00 4519 - NONCOLLUSION AFFIDAVIT

THE PROJECT AND THE PARTIES:

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

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:

(Authorized signing officer, Title)

PROJECT NO. 18-102.10 NONCOLLUSION AFFIDAVIT

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 4519 - 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 4519

PROJECT NO. 18-102.10 GOVERNMENTAL CERTIFICATIONS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 4546 - 1

SECTION 00 4546 - GOVERNMENTAL CERTIFICATIONS

THE PROJECT AND THE PARTIES:

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

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 School’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

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

Company Name

Authorized Representative’s Name and Title

Signature

Date

END OF DOCUMENT 00 4546

PROJECT NO. 18-102.10 BIDDER'S CERTIFICATION REGARDING RESPONSIBILITY MATTERS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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 RESPONSIBIITY 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. 18-102.10 GENERAL CONDITIONS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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 553 East Jefferson Avenue Detroit, MI 48226

(313) 965-4100

SUPPLEMENTARY CONDITIONS

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

END OF DOCUMENT 00 7200

PROJECT NO. 18-102.10 SUPPLEMENTARY CONDITIONS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 7300 - 1

SECTION 00 7300 - SUPPLEMENTARY CONDITIONS

INTENT

These Supplementary Conditions amend and supplement the General Conditions 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."

Replaces paragraph 1.1.9 with the following:

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).

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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

Delete Subparagraph 7.2.2 and substitute the following:

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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 Clause 9.3.1.3 to Subparagraph 9.3.1 of 9.3:

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

ARTICLE 11 – INSURANCE AND BONDS

11.1 CONTRACTOR'S LIABILITY INSURANCE

Add the following Clauses 11.1.1.9 and 11.1.1.10 to 11.1.1:

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

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

B. Independent Contractor Protective.

C. Products and Completed Operations.

D. Personal Injury.

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

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

G. Broad Form Property Damage including Completed Operations.

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

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 7300 - 5

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

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:

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 00 7300 - 6

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. 18-102.10 WAGE RATE REQUIREMENTS

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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. 18-102.10 SUMMARY

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 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. Access to site and Construction Phasing

4. Coordination with occupants.

5. Work restrictions.

6. Specification and drawing conventions.

1.2 PROJECT INFORMATION

A. Project Identification: Northern High School Basketball Backstops

1. Project Location:

Portage Northern High School – 1000 Idaho Ave, Portage MI 49024

B. Owner:

Portage Public Schools 8107 Mustang Drive Portage, Michigan 49002

1. Owner's Representative:

Al Shearer – Portage Public School, Facilities Manager Zylman Road Portage, Michigan 49002

C. Architect:

Tower Pinkster Titus Associates, Inc.

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

1.3 WORK COVERED BY CONTRACT DOCUMENTS

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

1. The installation of 2 new ceiling hung, motorized, folding basketball backboards

B. Type of Contract.

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 01 1000 - 2

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

1.4 ACCESS TO SITE

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

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

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

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

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

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

1.5 COORDINATION WITH OCCUPANTS

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

Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage of property. Perform the Work so as not to interfere with Owner's day-to-day operations. Maintain existing exits unless otherwise indicated.

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

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

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

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

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

3. Before limited Owner occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. On occupancy, Owner will operate and maintain mechanical and electrical systems serving occupied portions of Work.

4. On occupancy, Owner will assume responsibility for maintenance and custodial service for occupied portions of Work.

1.6 WORK RESTRICTIONS

A. Contractor may begin work on-site July 1, 2019. The work must be completed before July 12, 2019.

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 01 1000 - 3

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

1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.

C. On-Site Work Hours: To maintain construction schedule, extended working hours is expected. Working hours of 6:00 a.m. to 9:00 p.m., Monday through Saturday, work on Sundays shall be coordinated with the Owner/Architect.

D. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Owner not less than two days in advance of proposed utility interruptions.

2. Obtain Owner's written permission before proceeding with utility interruptions.

E. Nonsmoking Building: Smoking is not permitted within the building or within 25 feet (8 m) of entrances, operable windows, or outdoor-air intakes.

F. Controlled Substances: Use of tobacco products and other controlled substances on Project site is not permitted.

1.7 SPECIFICATION AND DRAWING CONVENTIONS

A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products:

1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections.

2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S.

National CAD Standard and scheduled on Drawings.

END OF SECTION 01 1000

PROJECT NO. 18-102.10 SUBSTITUTION PROCEDURES

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 01 2500 - 1

SECTION 01 2500 - SUBSTITUTION PROCEDURES

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes administrative and procedural requirements for substitutions.

B. Related Requirements:

1. Division 01 Section "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers.

2. Divisions 02 through 33 Sections for specific requirements and limitations for substitutions.

1.2 DEFINITIONS

A. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor.

1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms.

a. Unavailability due to failure to procure products in a timely manner does not constitute substitution for cause, and will be considered as substitutions for convenience.

2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner.

1.3 ACTION SUBMITTALS

A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.

1. Substitution Request Form: Use facsimile of form provided in Project Manual.

2. Documentation: Show compliance with requirements for substitutions and the following, as applicable:

a. Statement indicating why specified product or fabrication or installation cannot be provided, if applicable.

b. Coordination information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate installers, that will be necessary to accommodate proposed substitution.

c. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 01 2500 - 2 sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified.

d. Product Data, including drawings and descriptions of products and fabrication and installation procedures.

e. Samples, where applicable or requested.

f. Certificates and qualification data, where applicable or requested.

g. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners.

h. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated.

i. Research reports evidencing compliance with building code in effect for Project, from ICC-

ES.

j. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery.

k. Cost information, including a proposal of change, if any, in the Contract Sum.

l. Contractor's certification that proposed substitution complies with requirements in the

Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated.

m. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.

3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later.

a. Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work.

b. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated.

1.4 QUALITY ASSURANCE

A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.

PART 2 - PRODUCTS

2.1 SUBSTITUTIONS

A. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals.

NORTHERN HIGH SCHOOL BASKETBALL BACKSTOPS 01 2500 - 3

1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied:

a. Requested substitution is consistent with the Contract Documents and will produce indicated results.

b. Requested substitution provides sustainable design characteristics that specified product provided.

c. Requested substitution will not adversely affect Contractor's construction schedule.

d. Requested substitution has received necessary approvals of authorities having jurisdiction.

e. Requested substitution is compatible with other portions of the Work.

f. Requested substitution has been coordinated with other portions of the Work.

g. Requested substitution provides specified warranty.

h. If requested substitution involves more than one installer, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

B. Substitutions for Convenience: Architect will consider requests for substitution if received within 20 days after the Notice of Award.

1. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied:

a. 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.

b. Requested substitution does not require extensive revisions to the Contract Documents.

c. Requested substitution is consistent with the Contract Documents and will produce indicated results.

d. Requested substitution provides sustainable design characteristics that specified product provided.

e. Requested substitution will not adversely affect Contractor's construction schedule.

f. Requested substitution has received necessary approvals of authorities having jurisdiction.

g. Requested substitution is compatible with other portions of the Work.

h. Requested substitution has been coordinated with other portions of the Work.

i. Requested substitution provides specified warranty.

j. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.

2. The Owner's cost for Architect's services, at Architect's normal billing rates, for review of substitution request shall be deducted from the Contract Amount regardless of Architect's recommendation of acceptance or rejection of the proposed substitution.

PART 3 - EXECUTION (Not Used)

END OF…