Project Manual - 21-002 BCPS District Roofing 2021-2.pdf

Initials

Battle Creek Public Schools

District Roofing Projects 2021 Battle Creek, Michigan

PROJECT MANUAL

Project # 21-002

February 17, 2021

TABLE OF CONTENTS

I. BID DOCUMENTATION & REQUIREMENTS

A. ADVERTISEMENT TO BID

B. BID REQUIREMENTS

C. BID FORMS

D. POST BID INTERVIEW SCHEDULE

II. CONTRACT

E. TRADE CONTRACT BETWEEN THE CONSTRUCTION MANAGER & TRADE CONTRACTOR

III. PROJECT SPECIFIC DATA

F. SCOPES OF WORK

1. Project Safety and General Scope Requirements

2. Bid Package Scopes of Work

G. SCHEDULE

H. SAMPLE INSURANCE CERTIFICATE

I. SUBMITTAL LOG

J. ASBESTOS CERTIFICATION

K. COVID-19 PROCEDURES

IV. PROJECT PLANS/DOCS

* PORTIONS OF THIS MANUAL CONTAIN PROPRIETARY INFORMATION AND MAY NOT BE

REPRODUCED WITHOUT ELITE COMPANIES WRITTEN PERMISSION.

I. BID DOCUMENTS & REQUIREMENTS

B. BID REQUIREMENTS

C. BID FORMS

D. POST BID INTERVIEW SCHEDULE

Date: February 10, 2021

PROJECT: Battle Creek Public Schools

District Roofing Projects 2021

ELITE #21-002

Battle Creek, MI 49017

BIDS DUE: March 3, 2021 @ 3:00 PM Local Time

PROJECT DESCRIPTION: BCPS is seeking proposals for re-roofing of the following facilities.

• Miller Stone Building

• Administration Building

PROJECT SCHEDULE: The project is scheduled for June 2021 - August 1, 2021.

PROJECT PREBID MEETING:

• Site Visits – Wednesday, February 24th @ 2 pm.

• Bid Opening will have virtual option.

PROPOSALS: Sealed bids will be received at Battle Creek Public Schools Administration Office, located at 3 W. Van Buren St., Battle Creek, MI 49017 Attn: Rhonda Potts; Executive Director of Business and Finance. No faxed or emailed bids will be accepted at this time Envelopes are to be clearly marked as SEALED BID with Project name and number and Bid Package name and number.

Bids will be publicly opened and read aloud March 3, 2021 @ 3:00 PM at the Battle Creek Schools Administration Office, located at 3 W. Van Buren St., Battle Creek, MI 49017. Bids received after specified date and time will not be accepted and will be returned unopened. Bids will be accepted as determined to be in the Owner's best interest. A Zoom link will be sent out for the virtual bid opening prior to this date and time to all bidders.

BID PACKAGES:

General Conditions General Scope & Safety Requirements

07.5 Roofing

DOCUMENT LOCATIONS: Specifications and building layout/plans, together with all necessary forms and other documents for bidders may be obtained February 17, 2021 by 12 noon, from ELITE COMPANIES and/or Battle Creek Public Schools. An email will be sent to all known bidders and plan rooms when bid documents have been posted.

Documents are also available at the following plan rooms: Builders Exchange, McGraw Hill – Dodge Reports, Construction Association of Michigan, Construction News Services and West Michigan Minority Contractors Association.

BID BOND: Required; Bid bond or certified check of not less than 5% of the bid amount shall be submitted with bid and made payable to Battle Creek Public Schools.

FAMILIAL RELATIONSHIP DISCLOSURE: All proposals shall be accompanied by a sworn and notarized statement disclosing any familial relationship (or lack of a relationship) that exists between the owner or any employee of the bidder and any member of the Board of Education of the Battle Creek Public Schools or the Superintendent of the School District. The District shall not accept a bid that does not include a sworn and notarized disclosure statement.

BIDDERS REQUEST FOR INFORMATION: Submission cut-off date is February 26, 2021 @ 4:00 PM. Typed RFIs are to be submitted to lisa.ruthruff@elite-companies.com.

TYPE OF CONTRACT: The base bid shall be a lump sum amount, for the work as set forth in the bid documents.

CONTRACT SECURITY: The cost of a Performance Bond and a Labor and Material Bond shall be included within the Trade Contractor's bid price in all packages in excess of $50,000. Bidders of all bid packages shall supply, with their proposal, proof of their ability to bond work. This proof shall be in the form of a bid bond in the amount of 5% of the quoted price. All packages less than $50,000 must state, as an alternate, the cost of providing a Performance Bond and a Labor and Material Bond if so required.

RIGHTS RESERVED: The Owner reserves the right to accept or reject any and all bids, alternates, or proposals, and to accept bids, alternates, or proposals that, in its sole judgment, serve its best interests.

POST BID INTERVIEWS: Post bid interviews, if required, are scheduled TBD.

B. BID REQUIREMENTS

1.0 DEFINITION OF THE PROJECT: ELITE COMPANIES, as Construction Manager (“Construction Manager”) for Battle Creek Public Schools is requesting firm lump sum (or unit price) proposal(s) for furnishing of labor, material, equipment, and all other items required to construct the following (“Project”) as defined by the Project Manual and Contract Documents, for the following stated Project. All capitalized terms herein shall have the meanings as defined in this Project Manual or as otherwise defined herein.

BC DISTRICT ROOFING PROJECTS 2021 PROJECTS

Construction Manager

ELITE COMPANIES

Home Office: Field Office 15 Carlyle Street. TBD Battle Creek, MI 49017

(269) 910.1347 info@elite-companies.com

2.00 CONTRACT DOCUMENTS: The bid Contract Documents (the “Contract Documents”) for the

Project consist of the following separate documents:

1. "Project Manual" developed for the project by ELITE COMPANIES.

2. Project plans and specifications.

3. All subsequent addendum, bulletins, ASI's, construction change directives, and bid clarifications.

Each Trade Contractor is hereby notified that the above listed documents collectively constitute the Contract Documents. All Trade Contractors are required to review these Contract Documents and treat them as one. All Trade Contractors will be liable for information contained in these separate documents as if they were bound together and issued as one.

3.00 BIDDER RESPONSIBILITY: It is the responsibility of the bidder to view and acknowledge all documents, BRFIs, addenda, and any other documents that may be posted. The bidder is responsible for checking the plan room for updates and revisions.

Trade Contractor releases and discharges the Construction Manager and Owner from all costs, expenses, damages, liabilities, or claims related to the failure of the owner to properly receive and process the Trade Contractor’s bid and bid documents. This shall include any claims against said parties, and their assignees, officers, agents and representatives, for any consequential or special damages, including, but not limited to, any lost profits from the alleged failure of the Trade Contractor to be awarded any Project Work.

4.00 BIDDERS SUBMISSIONS: It is understood and mutually agreed that by submitting a bid proposal (“Bid Proposal”), the bidder agrees and fully understands the Work (as defined in the General Conditions (“General Conditions”) of this Project Manual) on which the Trade Contractor has bid and has satisfied itself as to the full nature and requirements of the Work.

It is further mutually agreed that the bidder, by submitting a Bid Proposal, acknowledges that it has satisfied itself as to the feasibility and correctness of the Contract Documents (as defined in the General Conditions) and that it accepts all the terms, conditions and stipulations contained herein, and that it will work in cooperation with other Trade Contractors performing Work on the jobsite. The bidder represents and warrants to the Owner and Construction Manager that it has visited the site and has familiarized itself with the local conditions under which the Work is to be performed.

No verbal agreement or conversation with any office, agent, or employee of the Owner, or the Construction Manager, either before or after the execution of a Trade Contract (as defined in the General Conditions), shall affect any of the terms, conditions or other obligations set forth in any of the Contract Documents.

Drawings and Specifications (as defined in the General Conditions) are complementary and that which is called for by one shall be binding as if called for by both.

In case of difference between Drawings of the same scale, or between large scale drawings, or between the Drawings and the Specifications or within the Drawings in the Specifications, the conflicts must be reported before bid due date and that which requires the highest degree of performance (quality, quantity, strength, finish, completion, complexity, sophistication, cost, etc.) will be required and shall be provided at no increase in bid amount if no written clarification is issued. Addenda, which may be issued, will take precedence over Drawings and Specifications in case of conflict.

5.00 QUESTIONS, CLARIFICATIONS, AND INTERPRETATIONS: No oral explanation in regard to the meaning of the bid Contract Documents will be made and no oral instructions will be given before the award of a Trade Contract. Discrepancies, omissions, questions, needs for clarification or interpretation or doubts as to the true meaning of the Contract Documents should be communicated in writing immediately to the Construction Manager. The Construction Manager will issue a written instruction in the form of an addendum, RFI, or clarification to all bidders of record and shall be included in the bid, and upon execution of a Trade Contract, if the bidder is awarded the same.

6.00 STANDARDS, SUBSTITUTIONS AND "APPROVED EQUALS": The materials, products and equipment described in the bid Contract Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

6.01 All bids must be based on the brands/manufacturers specified or approved in writing prior to bid submission.

6.02 A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the proposer.

7.00 PREPARATION OF BIDS: Each Bid Proposal shall be submitted on the designated form and shall be signed in ink. Any changes in the Bid Proposal must be explained or noted and include the signature of the bidder. Bids containing any omissions, unexplained erasures, alterations, irregularities of any kind or items not called for in the bid form may be rejected by the owner.

8.00 MODIFICATION OR WITHDRAWAL OF BID: No bids may be withdrawn for at least sixty (60) consecutive calendar days following the bid opening.

8.01 Prior to the time and date designated for receipt of bids, bids submitted early may be modified or withdrawn only by notice to the party receiving bids at the place and prior to the time designated for receipt of bids. Such notice shall be in writing and include the signature of the bidder. The written confirmation and signature of the bidder must have been submitted and received before the date and time set for receipt of bids or may be rejected. Any modification shall not reveal the amount of the original bid.

Withdrawn bids may be resubmitted up to the time designated for the receipt of bids provided that they are then fully in conformance with these Instructions to Bidders.

9.00 CONSIDERATION OF BIDS: The Owner shall have the right to reject any or all bids and, in particular, to reject a bid not accompanied by data required by the Contract Documents or a Bid Proposal which is in any way incomplete or irregular. The Owner shall have the right to waive any informality or irregularity in any Bid Proposal received.

9.01 The Owner reserves the right to reject any and all Bid Proposals when such rejection is in the interest of the Owner, or to reject the bid of a bidder who, in the Owner's opinion, is not qualified to fulfill the Trade Contract.

10.00 ALTERNATES: The Owner shall have the right to accept or reject alternates in any order or combination and to determine the best Bid Proposal on the basis of the sum of the base bid and the alternates accepted.

11.00 QUALIFICATION OF BIDDERS: The Owner reserves the right to request an audited, current

(within 6 months) financial statement together with a statement of past experience, personnel, machinery, and equipment available to perform the proposed Work from any bidder considered for award of a Trade Contract. Failure or refusal to furnish such a statement or statements, to provide such information or to provide a satisfactory statement of financial responsibility, may constitute a basis for disqualifying the bidder.

11.01 Corporate bidders, to be eligible to enter into a Trade Contract, shall be qualified to do business in the location corresponding to Project location. Bidders shall comply with all applicable licensing requirements. Foreign corporations, which have not domesticated or otherwise become licensed in the state, shall obtain a permit to do business pursuant to local requirements.

11.02 Each Bidder, by submitting a Bid Proposal, agrees to meet with the Owner and

Construction Manager if so requested, prior to an award.

12.00 CONTRACT AWARD: Prior to Trade Contract award, the successful bidder shall:

12.01 List the names of all proposed Subcontractors and material and equipment Suppliers and list all materials to be used.

12.02 List all delivery dates of all major materials and equipment and any other materials and equipment critical to the progress of construction.

12.03 Provide an itemized breakdown with separate materials and labor (“Schedule of

Values”) which comprise the contract price. The breakdown will be used as a basis for partial payments to the Trade Contractor. It is essential that the breakdown be as representative of the true total cost of each item as is possible to ascertain. The Construction Manager shall have the right to require the Trade Contractor to submit to the Construction Manager copies of subcontract agreements or other documentations regarding breakdown costs necessary to confirm the accuracy of the Schedule of Values.

13.00 BONDING

13.01 BID BONDS

a. Bid security shall be in the form of a bid bond, a certified check, a cashier’s check, or money order in the amount of 5% on the total bid.

b. One (1) copy of the bid bond are to be submitted with Proposal Form.

c. When a bid bond is submitted, the owner shall be listed as obligee.

d. When the bid bond is submitted, the attorney-in-fact who executes the bond on behalf of the surety shall attach to the bond a certified, current copy of this power of attorney.

e. When a cashier’s check, certified check or money order is submitted, it shall be made payable to the Owner.

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

13.02 PAYMENT BONDS, PERFORMANCE BONDS

a. All successful Bidders may be required to furnish both a Payment Bond and a Performance Bond, each in the amount of one hundred percent (100%) of the Trade Contract amount, with the Owner named as Obligee. All bonding companies must be listed by the U.S. Treasury, must be rated A or better by Best and must be licensed to do business in the state of which the Project is located.

b. Payment Bonds and Performance Bonds must be separate. The combined form will not be accepted.

c. When submitted, Payment Bonds and Performance Bonds shall include:

1. Full name and address of Trade Contractor, surety and Owner

2. The contract date

3. The exact amount of the contract

4. Signature and title

5. Corporate seal, if applicable

6. Notarization

7. Power of Attorney

BOND COSTS IN BIDS

a. a. Include costs for Payment Bonds or Performance Bonds in Base Bids if and called out, if your bid is over $50,000. If your bid is under $50,000, provide this cost as an alternate added cost, separate from your base bid, but within the bid form.

SUBMISSION OF BONDS

a. Bonds, if required, shall be submitted to the Owner within fifteen (15) days following the Trade Contractor’s receipt of the Notice to Proceed to commence the Work from the Construction Manager or the Owner/Construction Manager Agreement, whichever is earlier.

b. If the Work is commenced prior to the execution of the Owner/Construction Manager Agreement in response to a Notice to Proceed, the Trade Contractor shall, prior to commencement of the Work, submit evidence satisfactory to the Construction Manager that required bonds will be furnished within fifteen (15) calendar days from the date of the Notice to Proceed.

14.00 TAXES: The Trade Contractor shall pay all state and federal taxes levied on its business, income or property, including but not limited to taxes on the Trade Contractor's gross or net receipts or income. The Trade Contractor shall also make all contributions for social security and other wage or payroll taxes due. The Trade Contractor shall be solely responsible for such payments and shall indemnify Owner and Construction Manager and hold them harmless for any assessment and payment of same.

15.00 TRADE CONTRACTOR AGREEMENT: Each bidder, by submitting a Bid Proposal, agrees to execute the Trade Contract, which shall be part of the Contract Documents without modification.

16.00 BIDDER EXPECTATIONS – PRE AND POST AWARD: The Owner, Construction Manager, and the entire Project team, upholds the highest level of expectations for the success of the Project. As a result of these expectations, all those who elect to participate in the bidding process and who will be potential awarded contract work for this Project are expected to uphold the highest professional standards possible.

The awarded bidder for any bid category is considered an expert in its field of work and has been contracted to perform a service to the client based on and because of that expertise.

The awarded bidder will submit all of its bid development documents, supporting the values submitted on its Schedule of Values, subsequent to the bid award (including all of its calculations) if requested.

17.0 MINORITY, WOMAN, VETERAN, AND HANDICAP SUBCONTRACTORS AND SUPPLIERS:

Bidders are urged to utilize minority, woman, veteran, and handicap owned business on this Project where possible

19.0 BID FORMS: Please find the enclosed bid forms for use – RFI Form, Bid Form including all required docs for bid to be read aloud.

C. BID FORMS

The enclosed forms are to be used during the bidding and post-bid interview process:

1. RFI Form

2. Bid Submission Checklist

3. Bid Form

4. Familial Statement of Disclosure

5. Affidavit of Compliance – Iran Economic Sanctions Act

6. Post-bid Requirements

7. Project Team Contact List

8. Post-Bid Interview Tentative Schedule

Please note your bid will not be accepted if a bid bond (or certified check), Familial Statement of Disclosure, and Affidavit of Compliance – Iran Economic Sanctions Act are not included with your bid.

Battle Creek Public Schools – DISTRICT ROOFING PROJECTS 2021

RFIs are to be emailed to lisa.ruthruff@elite-companies.com utilizing this form.

Drawing(s):

Submitting

Company:

Spec Section: Contractor Name:

Schedule Phone:

Impact:

Cost Impact: E-Mail:

Date: Bid Package #:

RFI #: To be Assigned by ELITE COMPANIES Project #:

RFI Subject:

Email To: lisa.ruthruff@elite-companies.com

RFI Form

Request:

Possible Solution:

Date: Answered by:

Response:

BID SUBMISSION CHECK LIST

BID SUBMISSION REQUIREMENTS:

Bid form consists of 5 part; all parts are required to be completed.

All areas to be completed are highlighted in yellow.

Each page is required to be initialed in lower right corner in area provided. Bid form required with one original signature; utilizing the bid form provided.

REQUIRED ATTACHMENTS:

Bid will not be considered/read aloud without the following attachments.

Original Bid Bond or Certified Check

Familial Disclosure

Affidavit of Compliance – Iran Economic Sanctions Act

BID FORM

BATTLE CREEK PUBLIC SCHOOLS – DISTRICT ROOFING PROJECTS 2021

SUBMITTED BY: DATE:

Having examined and studied the Project Manual dated February 17, 2021, the Instructions to Bidders, and the other

Contract Documents for the Project and having inspected the Site and noted all conditions governing construction of the Project:

BID PACKAGE: DESCRIPTION:

We hereby propose to furnish all labor, materials and equipment and perform Work described above and listed below, for the following sum(s), which include all applicable taxes.

REQUIRED: Bid Bond, Affidavit of Compliance/Iran Sanctions Act and Familial Disclosure.

PART A:

In the event the Scope of Work changes per request of Owner or Construction Manager, unit prices will apply as agreed upon.

Scopes of Work and/or the specifications may ask for unit costs for added/deleted Work. Trade Contractors may be required to submit an additional schedule of unit prices prior to award of a contract. This schedule will be developed by the

Construction Manager, and the prices established by contractor thereon will be the basis for Construction Change Orders.

All Trade Contractors shall include labor and equipment billing rates with the Bid Form.

PART B:

SUBCONTRACTORS AND/OR SUBSIDIARY COMPANIES:

List all Subcontractor and/or subsidiaries to be used in performance of the work and describe the Work to be performed.

Subcontractor and/or

Subsidiary Companies

Description of Work

Diversity

Contractor

Yes/No

Percentage of

Total Lump

Sum Bid

MANUFACTURERS AND/ OR SUPPLIERS:

List all major manufacturers and/ or suppliers to be used in performance of the Work and describe the material/ equipment to be provided by each, including the value of their purchase order:

Manufacturers and/or

Suppliers

Description of Work

Diversity

Contractor

Yes/No

Contract

Value

SUBSTITUTIONS

All bids shall be based upon the proprietary brands specified. Bidders desiring to make substitutions for proprietary brands specified shall list such proposed as a voluntary alternate, together with the amount to be added or deducted from the amounts of the Base Bid.

PART C: UNIT PRICING & BID BREAKDOWN

Include the requested unit pricing and bid breakdown sections from the Scope of Work located in the Project

Manual, complete and include with the bid form.

• If you do not submit with your bid, it will be deemed incomplete and may be rejected.

PART D: LABOR AND EQUIPMENT RATES

The following labor rate calculations form is to be completed in its entirety and included with your bid form and is required for all changes in work. A labor rate is required for all divisions of work to be performed on the job site, i.e. Foreman, Journeyman, Laborer, Apprentice, Cement Finisher, Bricklayer, Plumber, Sheet Metal Worker, etc.

This form is utilized for work added or eliminated from your scope of work during project construction and all labor rates must not exceed rates listed on the standardized pricing form when submitting cost changes.

NOTE: The total hourly rate is not to include allowable mark-up;

1. You must tab through all data entry fields.

2. To enter the PLM Bond Rate Percentage please enter a decimal value. Example ~ for 1% enter 0.01.

3. All fields must have a value entered to calculate correctly. If you do not have a cost, please enter$0.

Bid Package #:

Company Name:

2nd Tier Sub (if applicable):

Work Performed:

Taxable Wages

Total Fringes

Total Payroll Tax & Ins.

Total Hourly Rate**

Wage Expires:

Position:

Straight Time Time & One

Half

Upon contract completion

PLM Bond Rate Percentage:

PART E: POST BID INTERVIEW

In the event a post bid interview is to be scheduled, please contact:

Name:

Email:

Phone:

Name:

Email:

Phone:

PART F:

TIME OF COMPLETION:

Bidders must indicate on Page 1 of Bid Form the calendar days required to complete their Work in the earliest practical manner. Schedules are subject to negotiation and agreement prior to contract award and each bidder will be required to perform its Work in accordance with Construction Manager’s overall schedule. The initial construction schedule is subject to change as set forth in the General Conditions.

1. Contractor hereby acknowledges that all shift and overtime premium required to meet the completion dates is included in the base bid.

2. Bidder estimates on Page 1 of Bid Form the number of man-hours that will be required at the site to complete the work on schedule. (Do not include any office, shop or delivery hours, only site hours).

3. Bidder estimates that on Page 1 of Bid Form the number of persons that will make up the average crew size.

PROPOSAL VALIDATION:

1. The undersigned hereby warrants that all subcontractors and suppliers of work and/or material to him have been advised that no substitution will be considered for proprietary brands specified other than those listed on the Substitution Sheet and authorized prior to award of contract.

3. It is understood and agreed by the undersigned that bids shall not be altered or withdrawn within 60 days from and after the date set for receiving bids.

4. It is understood and agreed by the undersigned that the right is reserved by the Construction

Manager and/or the Owner to accept or reject any and all bids.

5. By submitting this proposal, we hereby acknowledge that the Contract Documents, including the Trade Contract, General Conditions, Project Manual, Drawings and Specifications, all addenda, and insurance requirements will be met without any deviation.

6. It is understood by the undersigned that a detailed Schedule of Values will be provided within

24 hours following the bid due date/time, inclusive of an appropriate breakdown of values as listed on the applicable individual scope of work.

7. It is understood by the undersigned that the awarded bidder will submit their bid development documents, supporting the values submitted on their schedule of values, subsequent to award.

PLEASE FILL OUT COMPLETELY.

Correct Legal Name:

State in Which Incorporated:

Authorized to do Business in State and City/County where Proposed Work is to be Performed:

Yes No

Names and Titles of Officers Authorized to Sign Contracts:

Official Address:

Officer’s signature:

Title: Date:

BATTLE CREEK PUBLIC SCHOOLS

FAMILIAL STATEMENT OF DISCLOSURE

3 W. Van Buren St.

Battle Creek, MI

49017

Dear Ladies and Gentlemen:

I/We, the undersigned, acknowledge by this sworn and notarized statement disclosing any familial relationship

(or lack of a relationship) that exists between the Owner or any employee of the bidder and any member of the Board of Education of the BATTLE CREEK PUBLIC SCHOOLS or the Superintendent of the School District. The

District shall not accept a bid that does not include a sworn and notarized disclosure statement.

We have prior familial knowledge of parties involved (attached clarification).

We have no prior familial knowledge of parties involved.

Signature

Company Name

STATE OF

COUNTY OF

This instrument was acknowledged before me on the day of ,20 by .

, Notary Public

County, My Commission Expires:

Acting in the County of:

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below-named bidder (the “Bidder”), pursuant to the compliance certification requirement provided in the BATTLE CREEK PUBLIC SCHOOLS (the “School District”)

Advertisement to Bid (the “Ad to Bid”), hereby certifies, represents and warrants that the Bidder (including 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 Bidder is awarded a contract as a result of the aforementioned Ad to Bid, the Bidder will not become an “Iran Linked Business” at any time during the course of performing any services under the contract.

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

Bidder:

Name of Bidder

By:

Its:

Date:

STATE OF )

COUNTY OF )

) ss.

This instrument was acknowledged before me on the day of ,20 by .

, Notary Public

County, My Commission Expires:

Acting in the County of:

POST BID REQUIREMENTS

Per the Bid Information following are the requirements post bid:

Part 1:

Upon review of the bids received by the Owner & ELITE COMPANIES, ELITE COMPANIES will contact the appropriate contractor(s) to schedule a post bid interview. Tentative post bid interview schedule attached.

ELITE COMPANIES will email confirmation of your post bid date and time per the contact provided on your bid form. It is requested that your designated Project Manager/Foreman also attend the post bid interview.

Please bring with you to your designated post bid interview:

a. List of References (if requested)

b. Bid breakdown (if not included with bid)

c. Bidders questions and recommendations.

d. Contact Information (attached)

e. Labor Rate Sheet (if not included with bid)

f. Letter from Insurance Carrier stating last 3 years EMR ratings

Part 2:

Upon award you will be required to submit:

a. Schedule of Values

b. Insurance Certificate

c. PLM Bond (if required)

d. Site Specific Safety Plan

PROJECT TEAM CONTACT LIST

DATE:

JOB NUMBER:

PROJECT NAME:

COMPANY NAME:

Please complete all items below and note the same person make function in many roles. In order to receive project communication through Procore, a person must be designated for each role.

NAME

TITLE

ROLE

PHONE

(CELL)

EMAIL

Project Manager

Project Foreman

Project Administrator

RFI Coordinator

Submittal Coordinator

Closeout Coordinator

Insurance Coordinator

Accounting Manager

Safety Officer

Emergency Contact

Quality Control Manager

Trade Contractor Select

Contact

Office Manager

D. TENTATIVE POST-BID INTERVIEW SCHEDULE

Post bids will be held virtually on TBD.

II. CONTRACT

A. TRADE CONTRACT BETWEEN CONSTRUCTION MANAGER & TRADE CONTRACTOR

AGREEMENT

This Agreement (“Agreement”) is made this day of , 2020, by and between Battle Creek Public Schools, a Michigan general powers school district, organized and operated pursuant to the Michigan Revised School Code, whose address is 3 West Van Buren Street, Battle Creek, Michigan 49017 (hereinafter referred to as the “District” or "Owner"), , whose address (hereinafter referred to as “Contractor”), for the provision of services related , all in accordance with the terms and conditions herein.

RECITALS

WHEREAS, the District desires to renovate the District Roofing Projects 2021 exterior entries (“Project”), as more particularly set forth in an Invitation for Bid, issued July 8th, 2020, ("RFP");

WHEREAS, Contractor is an entity which has represented to have the personnel, expertise, training, capacity and qualifications to timely and satisfactorily complete the Project, and which provided a response to the RFP (District-accepted portions of the response are hereinafter referred to herein as the “Response”); and

WHEREAS, the District and Contractor desire to enter into this Agreement to authorize and require the Contractor to perform the Project and related duties, as more particularly identified herein.

NOW THEREFORE, in consideration of the mutual promises and benefits contained herein, the parties agree as follows:

SECTION 1 – INCORPORATION OF DOCUMENTS

1.1 The RFP and Response are incorporated herein by reference as if fully restated herein. The RFP Response, this Agreement, and all other contract documents (collectively, the "Contract Documents"), shall be deemed to control the rights and obligations of the parties.

SECTION 2 – DESCRIPTION OF SERVICES / RELATIONSHIP OF PARTIES

2.1 Contractor shall provide labor, material and services related to the Project as described in the documents identified in Section 1, as required by law, as may otherwise be subsequently agreed to by the parties in writing via amendment, and any and all related and incidental services necessary to properly and timely complete the Project (“Services”). Contractor’s Services include those to be performed by Contractor, Contractor’s subcontractors and suppliers (as permitted), and Contractor’s consultants and agents as enumerated in this Agreement (and as may be generally referenced in the recitals, which are incorporated herein) and as reasonably necessary to complete the Project.

2.2 Contractor’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Contractor shall submit for the Owner’s approval a schedule for the performance of Contractor’s services which shall not exceed time frames required by the Contract Documents except as such time frames may be properly extended therein.

2.3 Contractor shall exercise the ordinary and reasonable care usually exercised by contractors on the same type of project under similar circumstances and conditions. Contractor’s employees assigned to provide Services shall be fully certified, licensed and approved as necessary to lawfully perform the Services. Contractor shall at all times comply with applicable federal, state and local laws, rules, regulations and policies.

2.4 In the performance of Services under this Agreement, Contractor (its agents, subcontractors and employees) shall be regarded at all times as performing services as an independent contractor of the District. Contractor shall be regarded, designated and considered to be the employer with respect to all individual employees whom Contractor may select and assign to provide Services under this Agreement. Contractor may also contract with independent subcontractors and suppliers to complete the Services as approved by the District.

2.5 Within the meaning of all applicable federal, state and local laws, including but not limited to, employment taxes, income taxes, labor relations acts, employment discrimination laws, minimum wage and overtime laws, and workers' compensation laws (collectively, the "Employment Laws"), Contractor is and shall be deemed to be the sole employer of all employees used to provide services on behalf of Contractor pursuant to this Agreement (the "Contractor Personnel"), and its relationship with the Owner shall be deemed to be that of an independent contractor and not that principal and agent, servant, or employer and employee. As the employer of the Contractor Personnel, Contractor shall: (a) have the power to hire, discipline, recruit, train and terminate Contractor Personnel; (b) instruct the Contractor Personnel on when, where and how to perform their duties: (c) determine the amount of frequency of wage, benefit, salary, bonus and other payments to Contractor Personnel; (d) determine and pay the amount, if any, of reimbursement for business and/or traveling expenses of Contractor Personnel;

(e) pay and file with all appropriate governmental entities all necessary payroll information, taxes and deductions, including but not limited to, federal, state and local income taxes, social security taxes, and unemployment taxes; (f) comply with the Employment laws; and (g) pay any and all workers' compensation and other insurance costs and premiums applicable to employers.

2.6 The District’s representative for the Project is Laura Ash, Executive Director of Business and Finance or others as designated. The District’s representative, and any other individual or entity authorized by the District’s Board of Education, shall have the right to review and inspect the Contractor’s services, work, records, documents, reports, insurance policies, estimates, memoranda, analyses, activities, and any other matter related to the Contractor’s performance of Services. Any documents officially submitted by the Contractor related to this Project shall be reviewed and approved by the District’s representative and any other individual or entity authorized by the District’s Board of Education.

Contractor is expected to coordinate the timing, location, and performance of Services with the District representative and/or any other District administrator identified to the Contractor in writing. The intent of this paragraph is not to direct the Contractor's work, but only to ensure the efficient and smooth performance of same in light of the District's ongoing operations.

2.7 From the moment of creation and regardless of the stage of completion, the District shall be deemed the owner of any documents or instruments of service created by Contractor and used in the performance of Services.

SECTION 3 – FEES, INVOICE AND PAYMENT

3.1 In consideration of Services timely and properly provided by Contractor under this Agreement, the District will pay to Contractor ($) and subject to mutually agreed upon change orders or other adjustments to the contract price.

3.2 Invoices shall be submitted no more frequently than monthly and shall coincide with the value of work performed. The District will remit payment on undisputed invoices or undisputed portions of invoices within thirty (30) days of receiving the invoice, but in no event shall a payment be made if such payment will result in the Contractor receiving an amount that exceeds the value of services performed to date. Notwithstanding the foregoing, District shall have no obligation to make any payments until Contractor provides all insurances required by this Agreement.

3.3 Without regard to Section 3.2, the District shall be entitled to retain ten percent (10%) of any amounts paid until fifteen (15) days after the Contractor has successfully and finally completed its Services, at which time the Contractor shall be paid in full.

SECTION 4 – INDEMNIFICATION AND INSURANCE

4.1 Contractor shall indemnify and hold the District (and its officers, trustees and agents, consultants) harmless from and against all liabilities, damages, fines, penalties, demands, forfeitures, claims, suits, causes of action or any other liabilities or losses, including all costs of defense, settlement and prosecution along with attorney, expert and other professional fees (collectively “Costs”), arising out of or related to any negligence, wrongful act or breach of this Agreement or the obligation of Contractor or any of its employees or others for whom it is responsible in connection with the performance or non-performance of the Agreement. Contractor's indemnification responsibility shall be as broad as permitted by law, to the full degree of its fault.

4.2 Contractor agrees to procure and maintain insurance coverage in types and amounts reasonably required by the District. In no event shall the Contractor’s insurance be less than the following:

Workers Compensation: ARP Statutory Employers Liability: $1,000,000/accident Comprehensive/General Liability: $1,000,000/occurrence and $2,000,000 aggregate Automobile: $1,000,000/accident

Contractor agrees to provide the District certificates of insurance evidencing such coverage prior to commencing any Services. Insurance shall be obtained and maintained from an insurance company approved by the District, which insurance company shall be licensed to sell insurance in the State of Michigan with an A+ A.M. Best rating, or equivalent. Insurance coverage shall not be reduced or eliminated without at least sixty (60) days prior written notice to the District.

4.3 Contractor's insurances shall be obtained (and provided to the District’s representative) prior to the commencement of Services, and shall be maintained either: (a) if occurrence-based, for at least one year following final completion, and/or (b) if claims-made, for at least seven years following final completion. The District shall be identified as an additional insured on all applicable insurances.

Contractor’s insurance shall be primary and not contributory.

4.4 Contractor shall provide performance and payment bonds equal to 100% of the Contract Sum identified in Section 3 and otherwise in accordance with applicable laws, including but not necessarily limited to MCL 129.201, et seq.

SECTION 5 – EMPLOYEES AND SUBCONTRACTING

5.1 The District reserves the right to approve the identity of project representatives of the Contractor and any subcontractors. The District shall have the right to request removal of any employee of the Contractor or a subcontractor from the project at the District’s direction upon 2 weeks' notice, subject to Contractor's status as employer.

5.2 Contractor shall not use subcontractors without the District’s prior written consent. If

Contractor desires to use a subcontractor, it will notify the District in writing, including the name, scope of work, and any other information requested by the District. The Contractor will be fully responsible to the District for the acts and omissions of any subcontractors and all other persons whether directly or indirectly employed by the Contractor. Nothing in this Agreement shall create any contractual relationship between any subcontractor and the District. The Contractor shall not assign, transfer, convey, or otherwise dispose of the Agreement, or any part thereof, or the Contractor’s right, title, or interest in same without the prior written consent of the District. The Contractor shall not assign any of the monies due or to become due and payable under the Agreement without prior written consent of the District.

5.3 The Contractor shall not hire any District employee to perform Services without the

District’s prior written consent, which may be provided or withheld in the District’s sole discretion.

SECTION 6 – NONDISCRIMINATION

6.1 Contractor shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, weight, or marital status and other employment matters described by Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352. Breach of this covenant may be regarded as a material breach of the agreement.

SECTION 7 – OWNER’S RIGHT TO CORRECT DEFICIENCIES

7.1 If the Contractor shall neglect to perform the work properly, or should it refuse to remedy any defects in the work due to inferior quality of services, or should it in any manner fail to perform any provision of the Agreement, the District, after 7 days' notice to the Contractor, may, provided the Contractor has failed to cure any defects or deficiencies, correct such deficiencies at Contractor’s cost and may deduct the cost thereof from any payment due the Contractor. The remedy described in this section is not exclusive and shall have no effect on the Owner’s ability to seek recovery for, among others, breach of contract, breach of warranty, and/or performance bond claims.

SECTION 8 – TIME FOR PERFORMANCE

8.1 Time is of the essence of this Agreement. The Contractor acknowledges and agrees that the performance of Services shall commence on the Effective Date and shall be substantially complete on or before August 01, 2021. Substantially completed shall be deemed to be the time at which the Services have been completed by Contractor and the improvements can be used for the intended purpose, even if there are punch list items that must be completed before the Services have reached final completion. All punch list work must be completed within 30 day after the Owner has provided a written list of the same to Contractor. The parties acknowledge that a failure to timely perform will cause damage to the District that is difficult to ascertain and, therefore, the Contractor shall be responsible for liquidated damages in the amount of $ -0- per day that the Project is not timely complete.

For any delays caused to the Contractor, the Contractor's sole remedy shall be an extension in the deadline for performance as mutually agreed by the parties.

SECTION 9 – DISPUTE RESOLUTION

9.1 The parties shall first attempt to resolve disputes through non-binding mediation.

Mediation will be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association then in effect. Any claim or dispute not resolved by binding mediation shall be subject to litigation (or, if the parties agree in writing, arbitration).

9.2 A demand for mediation may be filed along with a complaint in litigation or a demand for arbitration, as applicable, but the process of non-binding mediation shall proceed first (so long as permitted by the applicable court or arbitrator). Any demand for mediation filed prior to a complaint in litigation or a demand for arbitration shall toll the statute of limitations for all applicable claims until the mediation process has been completed, successfully or unsuccessfully.

9.3 In the event of any mediation, arbitration or litigation arising out of or relating to this

Agreement, Owner reserves the right to require that the mediation, arbitration or litigation, as applicable, be conducted in the general area where the Owner’s principal place of business is located. Any mediation with respect to this Agreement shall be non-binding. Any agreements reached in mediation shall be binding in accordance with law.

9.4 The Owner reserves the right in its discretion to require consolidation or joinder of any dispute arising out of or relating to this Agreement which another mediation, arbitration or litigation involving a person or entity not a party to this Agreement, in the event the Owner believes in its sole discretion that such consolidation or joinder is necessary in order to resolve a dispute or avoid duplication of time, expense or effort.

9.5 The Contractor shall include similar dispute resolution provisions in all agreements with subcontractors, sub-consultants, suppliers, or fabricators so retained, thereby providing for a consistent method of dispute resolution between and among the parties to those agreements.

9.6 As a condition precedent to any claim, mediation, arbitration, litigation or other cause of action being brought by the Contractor against the District, the Contractor shall notify the District in writing of any contractual or other dispute within 21 days of becoming aware of same. The failure to timely provide such notice shall be an irrevocable waiver of any claim or cause of action. Claims and causes of action by the District shall be subject to the applicable statute of limitations under Michigan law, but in no event shall a claim by the District be deemed untimely if filed within six (6) years of final completion of the Services.

SECTION 10 – TAXES

10.1 The Contractor acknowledges that the District is a tax-exempt entity and any taxes incurred pursuant to performance of this Agreement, including but not necessarily limited to sales and use taxes, shall be the sole responsibility of Contractor.

SECTION 11 – WARRANTIES

11.1 The Contractor shall provide the following warranties at no additional cost to the Owner: Contractor shall provide to Owner a one-year warranty letter.

SECTION 12 – TERMINATION

12.1 Either party may terminate this Agreement for the other party’s failure to substantially perform its obligations under this Agreement, so long as written notice of such failure has been provided the breaching party and the breaching party fails to cure such failure within thirty (30) days of receiving the notice. If the Agreement is terminated prior to completion of the Services, Contractor shall provide a final report based on the value of the Services reasonably and properly performed as of the date of termination, and the Owner shall make payment for all services properly performed prior to termination, but in no event shall such sum exceed the fee described in Section 3.1.

SECTION 13 – CONFIDENTIALITY

13.1 If Contractor receives information of the Owner that is "confidential" or "business proprietary," Contractor shall keep such information strictly confidential and shall not disclose it to any other person except to its employees, those who need to know the content of such information in order to perform services solely for this Project, or its consultants whose contracts include similar restrictions.

The parties acknowledge that the Owner cannot provide similar confidentiality protection due to the applicable of the Michigan Freedom of Information Act and the Michigan Open Meetings Act, among others.

SECTION 14 -- MISCELLANEOUS

14.1 Neither party shall assign this Agreement nor its rights and duties hereunder nor any interest herein without prior written consent from the other.

14.2 This Agreement, including all attachments and documents incorporated herein by reference, constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to the services contemplated.

14.3 None of the terms and provisions of this Agreement may be modified, waived, or amended in any way except by written amendment, change order, or construction change directive.

14.4 Failure by either party at any time to require performance by the other party or to claim breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach nor affect the validity and operation of this Agreement, nor prejudice either party with regard to any subsequent action to enforce the terms of this Agreement.

14.5 This Agreement shall be interpreted and enforced under the laws of the State of Michigan.

14.6 If any provision of this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected, impaired or prejudiced thereby.

14.7 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which constitute one and the same agreement.

14.8 Notwithstanding any provisions within the Contract Documents, nothing shall be deemed a waiver of any immunity granted to Owner by law or statute, including but not…