Request for Proposal.pdf

OUTDOOR WALK-IN FREEZER REPLACEMENT FOR

ASHLEY COMMUNITY SCHOOLS

PO Box 6

104 New Street

ASHLEY, MICHIGAN 48806

March 24, 2025

EAI

Engineering Applications EAI, LLC

5376 Burcham Dr East Lansing, MI 48823

(517) 337-4422 phone bknox@eaiengineers.com

Outdoor Walk-In Freezer For:

Ashley Community Schools

Ashley, Michigan PROJECT NO. 2412

TABLE OF CONTENTS TOC-1

Division – Section - Title

DIVISION 00 – BIDDING REQUIREMENTS AND CONTRACT FORMS

00010 TABLE OF CONTENTS

00100 INVITATION TO BID

00200 INSTRUCTION TO BIDDERS

00400 PROPOSAL FORM

LIST OF FAMILLIAL RELATIONSHIPS

CERTIFICATE OF IRAN ECONOMICS SANCTIONS ACT

00416 SUPPLEMENTARY CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS

001100 SUMMARY

001250 CONTRACT MODIFICATION PROCEDURES

001270 UNIT PRICES

001290 PAYMENT PROCEDURES

001310 COORDINATION AND MEETINGS

001330 SUBMITTAL PROCEDURES

001400 QUALITY REQUIREMENTS

001500 TEMPORARY FACILITIES AND CONTROLS

001600 PRODUCT REQUIREMENTS

001700 EXECUTION REQUIREMENTS

001732 SELECTIVE DEMOLITION

001770 CLOSEOUT PROCEDURES

DIVISION 02 – EXITING CONDITIONS

024119 SELECTIVE DEMOLITION

002764 PAVEMENT JOINT SEALANT

DIVISION 03 - CONCRETE

033000 CAST-IN-CONCRETE

DIVISION 11 - EQUIPMENT

114000 FOODSERVICE EQUIPMENT

DIVISION 26 - ELECTRICAL

260100 BASIC ELECTRICAL REQUIREMENTS

260200 MINOR ELECTRICAL DEMOLITION FOR REMODELING

260500 COMMON WORK RESULTS FOR REMODELING

260519 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

260526 GROUNDING AND BONDING

260529 HANGERS & SUPPORTS FOR ELECTRICAL SYSTEMS

260533 BOXES FOR ELECTRICAL SYSTEMS

260534 RACEWAYS FOR ELECTRICAL SYSTEMS

260553 ELECTRICAL IDENTIFICATIONS FOR ELECTRICAL SYSTEMS

262726 WIRING DEVICES

DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 ASPHALT PAVING

END OF TABLE OF CONTENTS

Ashley, Michigan PROJECT NO. 2412

INVITATION TO BID INV-1

INVITATION TO BID:

Replacement of Outdoor Walk-in Freezer

Ashley Public Schools

LOCATION:

Ashley Community Schools

104 N. New St

Ashley, MI 48806

OWNER:

Ashley Community Schools

104 N. New St

Ashley, MI 48806

ENGINEER:

5376 Burcham Dr.

East Lansing, MI

Telephone: (517) 337-4422 bknox@eaiengineers.com

DESCRIPTION OF PROJECT:

Replacement of existing Outdoor Walk-in Freezer, as indicated on the drawings including demolition, disposal of existing system, asphalt patching, disposal of refrigerant, reconnection to existing electrical, minor alarming controls, and start-up/warrantees.

TYPE OF BIDS REQUESTED:

Sealed proposals for construction of all trades:

BASE BID Replacement of existing Outdoor Walk-in Freezer.

ALTERNATE #1 Additive price to install new 6” concrete base under new Walk-in Freezer.

TIME AND PLACE:

Sealed proposals will be received until 1:30 PM, (EDST) on Thursday, April 17, 2025, at the Ashley

Community Schools, Superintendents Office, 104 N. New St., Ashley, MI 48806, at which time they will be publicly opened and read aloud.

THIS IS A PREVAILING WAGE PROJECT.

PRE-BID WALK THROUGH

A pre-bid walk through will be held on Thursday, April 10, 2025, at 1:00 PM (EDST) at the project site, Ashley Community Schools, 104 N. New St. Ashley, MI 48806. Contractors will meet at the High School main entrance on the South side of the building.

ACCESS TO BIDDING DOCUMENTS:

Building documents are on file at the following locations and are available for the use of bidders.

State of Michigan -Sigma Site

INVITATION TO BID INV-2

STATEMENT OF FAMILIAL RELATIONSHIP

All bidders must provide disclosure in compliance with MCL 380.1267 and attach this information to their bid.

The bid shall be accompanied by a sworn and notarized statement disclosing any familial relationships that exist between Owner or any employee of the bidder and any member of the school board or superintendent of the school district. The district shall not accept a bid that does not include this sworn and notarized disclosure statement.

IRAN ECONOMIC SANCTIONS ACT

All bidders must provide certification that it is NOT an Iran linked business as defined by Michigan Public Act

517 of 2012 and attach the information to their bid. The district shall not accept a bid that does not include this certification.

PROPOSAL GUARANTEE

Not Required

CONTRACT SECURITY

Not Required.

PROCUREMENT OF BIDDING DOCUMENTS

Electronic PDF copies of the documents are available, without a deposit, by contacting the engineer’s office for directions on obtaining.

CONTRACT REQUIREMENTS

The contractor and every subcontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The All-Trades Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause.

RIGHTS RESERVED BY OWNER

The owner reserves the right to reject any or all proposals and to waive any irregularities in bidding, or to accept the lowest responsible proposal that in the opinion of the Owner will serve the best interest of the

Owner. The Owner will not be obligated to accept the lowest proposal. The Owner further reserves the right to approve all subcontractors.

WITHDRAWAL OF PROPOSALS

No proposals may be withdrawn for a period of sixty (60) days after the receipt of proposals.

INSTRUCTIONS TO BIDDERS 002400-1

INSTRUCTIONS TO BIDDERS

DEFINITIONS

1. Bidding Documents include the Invitation to Bid. Instructions to Bidders, the bid form, other sample bidding and contract forms and the proposed Contract Documents including and Addenda issues prior to receipt of bids. The Contract Documents proposed for the Work consists of the

Owner-Contractor Agreement, the Conditions of the Contract (General, Supplementary and other

Conditions), the Drawings, the Specifications and all Addenda issued prior to and all

Modifications issued after execution of the Contract.

2. All definitions set forth in the General Conditions of the Contract for Construction, AIA

Document A201, or in other Contract Documents are applicable to the Bidding Documents.

3. Addenda are written or graphic instruments issued by the Architect prior to the execution of the

Contracts which modify or interpret the Bidding Documents by addition, deletion, clarifications or corrections.

4. Bid is a complete and properly signed proposal to do the Work or designated portion thereof for the sum stipulated therein, submitted in accordance with the Bidding Documents.

5. The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which work may be added or from which work may be deleted for sums stated in Alternate Bids.

6. An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding

Documents, is accepted.

7. A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials or services as described in the Bidding Documents or in the proposed Contract Documents.

8. A Bidder is a person or entity who submits a Bid.

9. A Sub-bidder is a person or entity who submits a bid to a Bidder for materials or labor for a portion of the Work.

BIDDER’S REPRESENTATION

1. Each Bidder by making his Bid represents that:

A. He has read and understands the Bidding Documents and his Bid is made in accordance therewith.

INSTRUCTIONS TO BIDDERS 002400-2

B. He has visited the site, has familiarized himself with the local conditions under which the

Work is to be performed and has correlated his observations with the requirements of the proposed Contract Documents.

C. His Bid is based upon the materials, systems and equipment required by the Bidding

Documents without exception.

BIDDING DOCUMENTS

1. Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Invitation to Bid in the number and for the deposit sum, if any, stated therein.

2. Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor the Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3. The Owner or the Architect in making copies of the Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

4. Bidders and Sub-bidders shall promptly notify the Architect of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding Documents or of the site and local conditions.

5. Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a request to the Architect at least seven days prior to the date for receipt of Bids.

6. Any interpretation, correction or change of the Bidding Documents will be made by Addendum, Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

7. No substitution will be considered prior to receipt of Bids unless request for approval has been received by the Architect at least seven days prior to the date for receipt of Bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other 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. The

Architect’s decision of approval or disapproval of a proposed substitution shall be final.

8. If the Architect approves any proposed substitution prior to receipt of Bids, such approval will set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner.

9. No substitutions will be considered after the Contract award unless specifically provided in the

Contract Documents.

INSTRUCTIONS TO BIDDERS 002400-3

10. Addenda will be mailed or delivered to all who are known by the Architect to have received a complete set of Bidding Documents.

11. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

12. No Addenda will be issued later than four days prior to the date for receipt of Bids except an

Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

13. Each Bidder shall ascertain prior to submitting his bid that he has received all Addenda issued, and he shall acknowledge their receipt in his Bid.

BIDDING PROCEDURE

1. Bids shall be submitted on forms included with the Bidding Documents.

2. All blanks on the bid form shall be filled in by typewriter or manually in ink.

3. Where so indicated by the makeup of the bid forms, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

4. Any interlineation, alteration or erasure must be initialed by the signer of the Bid.

5. All requested Alternates shall be bid. If no change in the Base Bid is required enter “No Change”.

6. Each copy of the Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall be further given the state of incorporation and have the corporate seal affixed. A

Bid submitted by an agent shall have a current power of attorney attached certifying the agent’s authority to bind the Bidder.

7. If so stipulated in the Invitation to Bid, each Bid shall be accompanied by a bid security in the form and amount required pledging that the Bidder will enter into a contract with the Owner on the terms stated in his Bid and will, if required, furnish bonds covering the faithful performance of the

Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty.

8. A surety bond is required and shall be written on AIA Document A310, Bid Bond, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his power of attorney.

9. The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been

INSTRUCTIONS TO BIDDERS 002400-4

furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

10. All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder’s name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail the sealed envelope shall be enclosed in a separate mailing envelope with the notation “SEALED BID ENCLOSED” on the face thereof.

11. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened.

12. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

13. Oral, telephonic or telegraphic Bids are invalid and will not receive consideration.

14. A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for receipt of Bids, and each Bidder so agrees in submitting his Bid.

15. Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by telegram; if by telegram; written confirmation over the signature of the Bidder shall be mailed and postmarked on or before the date and time set for receipt of Bids and it shall be so worded so as not reveal the amount of the original Bid.

16. 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.

17. Bid security, if any is required, shall be in an amount sufficient for the Bid as modified or resubmitted.

18. The waiver of subrogation clause in the AIA contract (A-201) “General Conditions”, and/or any other contract regarding this project, will be deleted.

CONSIDERATION OF BIDS

1. Unless stated otherwise in the Invitation to Bid, the properly identified Bids received on time will be opened publicly and will be read aloud. An abstract of the Base Bids and Alternate Bids, if any, will be made available to Bidders. When it has been stated that Bids will be opened privately, an abstract of the same information may, at the discretion of the Owner, be made available to the

Bidders within a reasonable time.

INSTRUCTIONS TO BIDDERS 002400-5

2. The Owner shall have the right to reject any or all Bids and to reject a Bid not accompanied by any required bid security or by other data required by the Bidding Documents, or to reject a Bid which is in any way incomplete or irregular.

3. It is the intent of the Owner to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive any informality or irregularity in any Bid or Bids received and to accept the Bid or Bids which, in his judgment, is in his own best interest.

4. The Owner shall have the right to accept Alternates in any order or combination, and to determine the low Bidder on the basis of the sum of the Base Bid and the Alternates accepted.

POST BID INFORMATION

1. Bidders to whom award a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor’s Qualification Statement, unless such a Statement has been previously required and resubmitted as a prerequisite to the issuance of

Bidding Documents.

2. The Bidder shall, within seven days of notification of selection for the award of a Contract for the

Work, submit the following information to the Architect:

A. a designation of the Work to be performed by the Bidder with his own forces;

B. the proprietary names and the suppliers of principal items or systems of materials and equipment proposed for the Work;

C. a list of names of the Subcontractors or other persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work.

3. The Bidder will be required to establish to the satisfaction of the Architect and the Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents.

4. Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the

Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. If the Owner or Architect has reasonable objection to any such proposed person or entity, the Bidder may, at his option, (1) withdraw his Bid, or (2) submit an acceptable substitute person or entity with an adjustment in his bid price to cover the difference in cost occasioned by such substitution. The Owner may, at his discretion, accept the adjusted bid price or he may disqualify the Bidder. In the event of either withdrawal or disqualification under this

Subparagraph, bid security will not be forfeited.

INSTRUCTIONS TO BIDDERS 002400-6

5. Persons and entities proposed by the Bidder and to whom the Owner and the Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and the Architect.

PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

1. Not required.

FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

1. Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor, where the basis of payment is a Stipulated Sum.

END OF INSTRUCTIONS TO BIDDERS

PROPOSAL 00400-1

PROPOSAL FORM

BIDDERS NAME: _______________________________________________

LEGAL ADDRESS: _______________________________________________

TELEPHONE NO.: _______________________________________________

PROPOSAL FOR: ALL TRADES CONSTRUCTION WORK

PROJECT NAME: ASHLEY COMMUNITY SCHOOLS

REPLACEMENT OF OUTDOOR WALK-IN FREEZER

ASHLEY, MICHIGAN

LOCATION: 104 N. NEW ST.

ASHLEY, MICHIGAN 48806

PROJECT NO.: 2412

PROPOSAL

EXTERIOR DOOR REPLACEMENT

ASHLEY, MICHIGAN

Gentlemen:

In response to your invitation to bid, the undersigned submits the following offer to enter into a contract with you and extends this offer for 60 calendar days subsequent to the opening of bids.

This offer has been prepared after our examination of the complete plans and specifications, together with their related documents, and our examination of the site and conditions surrounding the construction of the proposed work including the availability of materials, equipment and labor. Included in this offer are all costs necessary to complete the All Trades Construction Work in accordance with the contract documents prepared by Engineering Applications EAI, LLC within the time set forth herein for the sum of:

PROPOSAL 00400-2

Base Bid - All Trades:

_____________________________________________________________________Dollars

Alternate #1: Add Concrete Pad

______________________________________________________________________Dollars which amounts include the following addendums.

No. 1 dated_________ No. 2 dated__________

No. 3 dated_________ No. 4 dated__________

The undersigned hereby agrees to complete the above buildings area work within calendar days from Notice to Proceed.

FORFEITURE OF BID SECURITY

Not Required

FEE FOR CHANGES IN THE WORK

The undersigned hereby agrees to perform all additional changes in the work ordered by the Owner on the basis of reasonable expenditures, plus reasonable allowance of said cost for overhead and profit. Cost shall be limited to the following: Cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance and fringe benefits required by agreement or custom; workers' or workmen's compensation insurance; bond premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel directly attributable to the change.

The undersigned hereby agrees to charge the following fees, based on a mark-up percentage of the actual cost for overhead and profit combined, as stated hereinafter:

-For all additional work performed by the contractor's own forces, a fee of____ percent of the actual cost as defined above.

-For all additional work subcontracted by the contractor, a fee of _____ percent of the subcontract sum for management, overhead and profit.

PROPOSAL 00400-3

JOB CONTROL AND COORDINATION

If awarded the All Trades Construction Work Contract, the undersigned will assume control of the site and will coordinate the work of all the trades. All costs of controlling the site and coordinating the work of the subcontractors are included in this proposal.

SIGNATURE

The bidder declares the following legal status in submitting this proposal: (check one)

( ) A Corporation organized and existing under the laws of the state of Michigan, ( ) A Partnership,( ) An Individual doing business as ______________________.

Respectfully submitted, By __________________________________________________________________

Name __________________________________________________________________

Title __________________________________________________________________

Date __________________________________________________________________

Fed. Employer Identification No. ________________

State License No. ____________________________

AFFIDAVIT OF BIDDER 00400A-1

AFFIDAVIT OF BIDDER

The undersigned, the owner of authorized officer of _____________________________

(the “Bidder”), pursuant to the familial disclosure requirement provided in the Gratiot Isabella

RESD advertisement for construction bids, hereby represent and warrant, except as provided below, that no familial relationships exist between the owner(s) or any employee of Gratiot

Isabella RESD and any member of the Board of Education or Superintendent of the Gratiot

Isabella RESD.

List any Familial Relationships:

Bidder:______________________________________

By:______________________________________

Name:______________________________________

Its:______________________________________

STATE OF MICHIGAN )

) ss.

COUNTY OF________________________ )

This instrument was acknowledged before me on the ____day of_____, 20__, by__________

, Notary Republic

______________County, Michigan

My Commission Expires:_________

Acting in the County of:__________

CERTIFICATION OF IRAN ECONOMICS SANCTIONS ACT 00400B-1

CERTIFICATION OF IRAN ECONOMICS SANCTIONS ACT

The undersigned, the owner of authorized officer of _____________________________

(the “Bidder”), pursuant to the Iran Economic Sanctions Act requirement provided in the Gratiot

Isabella RESD advertisement for construction bids, hereby represent and warrant THAT IT IS

NOT AN IRAN LINKED BUSINESS AS DEFINED BY MICHGAN PUBLIC ACT 517 OF

2012.

Bidder:

By:______________________________________

Name:____________________________________

Its:_______________________________________

STATE OF MICHIGAN )

) ss.

COUNTY OF________________________ )

This instrument was acknowledged before me on the ____day of_____, 20__, by__________

, Notary Republic

______________County, Michigan

My Commission Expires:_________

Acting in the County of:__________

SUPPLEMENTARY CONDITIONS 00416-1

SUPPLEMENTARY CONDITIONS

OF THE CONTRACT FOR CONSTRUCTION

A201-2007

The following supplements modify the "General Conditions of the Contract for Construction," AIA Document A101, 2007.

Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect.

ARTICLE 1; GENERAL PROVISIONS

Add the following Subparagraph 1.2.1.1 to 1.2:

1.2.1.1 In the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the following priorities.

1. The Agreement.

2. Addenda, with those of later date having precedence over those of earlier date.

3. The Supplementary Conditions.

4. The General Conditions of the Contract for Construction.

5. Drawings and Specifications.

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/Engineer's interpretation.

ARTICLE 3; CONTRACTOR

3.4 LABOR AND MATERIALS

Add the following Subparagraphs 3.4.4 and 3.4.5 to 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 (Division 1 of the Specifications).

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 except the Architect's/Engineer'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.

Add the following subparagraph 3.18.1.1 to 3.18:

3.18.1.1 The foregoing Subparagraph shall, but not by way of limitation, specifically include all claims and judgments which may be made against the Owner, Architect/Engineer, Architect's/Engineer's consultants, and agents and employees of any of them under the governing laws of the state in which this construction is conducted, and similar laws of other state or governmental body having jurisdiction; and further, against claims and judgments arising from violations of public ordinances and requirements of governing authorities due to the Contractor's or Subcontractor's method of execution of the work.

Delete subparagraph 3.18.2 and substitute the following:

3.18.2 The indemnification which the Contractor and Subcontractors are to provide under Paragraph 3.18 shall include, extend and insure to and be for the benefit of the Owner, Architect/Engineer, Architect's/Engineer's consultants, their respective agents, and employees of any of them, and shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's Compensation or Employer's Liability Acts, disability acts, employee benefit acts or other legislation or rule of law, whether legislative, judicial, administrative or common law.

ARTICLE 5; SUBCONTRACTORS

5.3 SUBCONTRACTURAL RELATIONS

Add the following subparagraph 5.3.2 to 5.3:

5.3.2 The Subcontractor agrees, to the fullest extent permitted by law, to indemnify, save harmless and defend the

SUPPLEMENTARY CONDITIONS 00416-2

Contractor, Owner, Architect/Engineer, Architect's/Engineer's consultants, their respective agents, and employees of any of them harmless from any liability for damages to any person or property upon, or at, or about the project, that may arise as a result of or in connection with the work hereunder, provided, however, that the Subcontractor shall not be required to indemnify the Contractor against the Contractor's sole negligence; and the Subcontractor agrees to procure at his own expense, before the commencement of the work comprehensive general liability including contractor's protective liability insurance, completed operations and contractual liability insurance and automobile liability insurance, including the ownership, maintenance, and operation of any automotive equipment owned, hired and non-owned for the benefit of the Contractor and Owner, in the sum of Two hundred Fifty Thousand ($250,000.00) Dollars for damages resulting to one person and Fire Hundred Thousand ($500,000) Dollars for damages to persons resulting from one casualty, and Two Hundred Fifty Thousand ($250,000.00) for damages to property arising out of each casualty, and an aggregate of not less than Five Hundred Thousand ($500,000.00) Dollars for damages to property, and to keep such insurance in force until the construction of the project is fully completed, and to immediately and before commencing work deliver such policy or policies or certificates of such insurance to the Contractor.

ARTICLE 9; PAYMENTS AND COMPLETION

9.3 APPLICATIONS FOR PAYMENT

Add the following subparagraph 9.3.1.3 and 9.3.1.4 to 9.3:

9.3.1.3 Until final payment, the Owner will pay ninety percent of the amount due the contractor on account of progress payments.

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

9.6 PROGRESS PAYMENTS

Add the following subparagraph 9.6.8 to 9.6:

9.6.8 Should the contractor fail to complete his contract work by the completion date as stated in his contract, the Owner will suspend all further payments on the contract, until all work on the contract is substantially completed and has been accepted by the Owner. If no completion date is stated in the contract, then this paragraph shall be omitted entirely.

ARTICLE 11; INSURANCE AND BONDS

11.1 CONTRACTOR'S LIABILITY INSURANCE

Delete subparagraph 11.1.2 and substitute the following:

11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents, or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. Notwithstanding the above, the insurance required by paragraph 11.1 shall be on an occurrence basis.

Add the following subparagraph:

11.1.2.1 Such insurance shall be carried with companies authorized to do business in the State of Michigan and written to include the following coverages and for not less than the following minimum limits or greater if required by law:

.1 Worker's Compensation, Occupational Disease and Employer's Liability Insurance:

A. State; (in which this contract is performed) - Statutory limits.

B. Applicable Federal (if any) - Statutory limits.

C. Employer's Liability -

Bodily Injury by Accident - $1,000,000.00 each accident Bodily Injury by Disease - $1,000,000.00 each employee Bodily Injury by Disease - $1,000,000.00 each policy limit

.2 Commercial General Liability Insurance including as minimum coverages:

- Premises - Operations Liability

- Independent Contractor's Protective Liability

- Products and Completed Operations Liability

- Broad Form Property Damage Endorsement

SUPPLEMENTARY CONDITIONS 00416-3

- Blanket Contractual

- Personal Injury, with Employment Exclusion deleted

A. Special Requirements:

1. Property Damage Liability Insurance will provide "X, C, and U" (Explosion, collapse and underground hazard) coverage as applicable.

2. Products and Completed Operations to be maintained for one (1) year after final payment.

3. The owner, architect, engineer, their consultants, agents and employees shall be named as "additional insureds" on the commercial general liability policy of the general contractor and/or subcontractor of any tier.

B. Limits of Liability:

$1,000,000.00 Each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both combined.

$2,000,000.00 General Aggregate

$1,000,000.00 Products/Completed Operations Aggregate

$1,000,000.00 Personal and Advertising Injury

.3 Automobile Liability Insurance:

A. The State of Michigan has a no-fault automobile insurance requirement. Contractors shall be certain coverage is provided which conforms to any specific stipulation in the law.

B. Special Requirements:

1. All owned, hired, and non-owned vehicles including the loading or unloading thereof.

2. The owner, architect, their consultants, agents and employees, shall be named as "additional insureds" on the commercial automobile liability policy of the general contractor and/or subcontractor of any tier.

C. Limits of Liability:

$1,000,000.00 Each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both

.4 Owner's and Architect's Protective Liability Insurance:

The Contractor will furnish and maintain during the entire period of construction an Owner's Protective Liability Policy written in the name of the owner, architect, engineer, and architect's consultants, with the following limits of liability:

A. Limits of Liability:

$1,000,000.00 Each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both

$1,000,000.00 General Aggregate

.5 Umbrella/Excess Liability Insurance:

A. Limits of Liability

$5,000,000 Each Occurrence $5,000,000 Aggregate

Delete subparagraph 11.1.3 and substitute the following:

11.1.3 Certificates of Insurance for the above coverages and the Owner's Protective Policy shall be submitted to the Architect for transmittal to the Owner for his approval prior to the start of construction. The Contractor shall certify to the Owner that he has obtained or will obtain similar certificates of insurance from each of his Subcontractors before their work commences. Each Subcontractor must be covered by insurance of the same character and in the same amounts as the Contractor unless the Contractor and Owner agree that a reduced coverage is adequate. Each Subcontractor's insurance shall cover the Owner, Architect/Engineer, their agents and employees. The Contractor shall submit a statement with each monthly affidavit stating that he has obtained certificates of insurance, or other satisfactory evidence, that all required insurance is in force for each of the Subcontractors listed on his affidavit. If the "additional insureds" have other insurance which is applicable to the loss, it shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by existence of such other insurance. Contractor’s certificates shall be in duplicate on standard Accord forms.

SUPPLEMENTARY CONDITIONS 00416-4

Add the following subparagraph:

11.1.3.1 Certificate of Insurance shall contain a statement therein or a rider attached thereto incorporating the indemnity clause stated in Paragraph 3.18 (Indemnification) and Subparagraphs 3.18.1, 3.18.1.1, and 3.18.2 of the General Conditions, and including the changes and additions made in those subparagraphs within these Supplemental General Conditions.

11.1.3.2 These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner and Architect/Engineer. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief.

11.1.3.3 The obligations of the Contractor under the provisions of this article shall not extend to the liability of the Architect/Engineer, his agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, or (2) the giving of or the failure to five directions or instructions by the Architect/Engineer, his agents or employees to the extent that such giving or failure to give is the cause of the injury or damage.

11.3 PROPERTY INSURANCE

Delete subparagraph 11.3.1 and substitute the following:

11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles.

Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph

9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to the covered, whichever is earlier. This insurance shall include interests of the Owner, Architect/Engineer, the Contractor, Subcontractors and Sub-subcontractors in the Work.

Delete subparagraph 11.3.1.1 and substitute the following:

11.3.1.1 Property insurance shall be on all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false-work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents.

Property Insurance provided by Owners shall not cover any tools, apparatus, machinery, scaffolding, hoists, forms, staging, shoring and other similar items commonly referred to as construction equipment, which may be on the site and the capital value of which is not included in the Work. The Contractor shall make his own arrangements for any insurance he may require on such construction equipment.

Delete subparagraph 11.3.1.3 and substitute the following:

11.3.1.3 If the property insurance required minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts identified or if the Owner elects to purchase this insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered cause of deductibles.

Delete subparagraph 11.3.7 (Waiver of Subrogation) in its entirety.

SUPPLEMENTARY CONDITIONS 00416-5

11.4.1 PERFORMANCE BOND AND PAYMENT BOND

Add subparagraph 11.4.3 to 11.4:

11.4.3 Not Required

11.5 MISCELLANEOUS REQUIREMENTS

11.5.1 All insurance coverage shall be provided by insurance companies having policy holder ratings no lower than "A" and financial ratings not lower than "XII" in the Best's Insurance Guide, latest edition in effect as of the date of the Contract.

11.5.2 The Contractor is responsible for determining that Subcontractors are adequately insured against claims arising out of or relating to the Work. The premium cost and charges for such insurance shall be paid by each Subcontractor.

11.5.3 The limits of liability as stated, may be arrived at using a Split-Limit or a Combined Single Limit basis. However, the total limit of liability shall not be less than that stated in the requirements.

END OF SECTION

SUMMARY 001100-1

SECTION 001100 - SUMMARY

PART 1 - GENERAL

1.1 SUMMARY

A. This Section includes the following:

1. Work covered by the Contract Documents.

2. Use of premises.

3. Owner's occupancy requirements.

4. Specification formats and conventions.

1.2 WORK COVERED BY CONTRACT DOCUMENTS

A. Project Identification:

Outdoor Replacement Walk-in Freezer

Ashley, Michigan

Project No. 2412

B. Project Location:

Owner:

Engineer

5376 Burcham Dr.

East Lansing, MI 48823

(517) 337-4422 bknox@eaiengineers.com

C. The Work consists of the following:

1. The Work includes:

D. Replacement of existing Outdoor Walk-in Freezer, as indicated on the drawings including demolition, disposal of existing system, asphalt patching, disposal of refrigerant, reconnection to existing electrical, minor alarming controls, and start-up/warrantees.

1.3 WORK SEQUENCE

A. The work will be completed within 90 calendar days from Notice to Proceed.

1.4 USE OF PREMISES

A. General: Contractor shall have limited use of premises to work in areas indicated for construction operations, including use of Project site, during construction period. Contractor's use of premises is limited by the Owner's right to perform work or to retain other contractors on portions of Project.

SUMMARY 001100-2

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

1. Owner Occupancy: Allow for Owner occupancy of entire facility.

C. Use of Existing Building: Maintain existing building in a weather tight condition throughout construction period.

Repair damage caused by construction operations. Protect buildings and its occupants during construction period.

1.5 OWNER'S OCCUPANCY REQUIREMENTS

A. Full Owner Occupancy: The Owner will occupy the site and existing buildings during the project. Coordinate with owner to maintain building for occupancy and safety.

B. Partial Owner Occupancy: Owner will occupy the premises during entire construction period. Cooperate with

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

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

1.6 SPECIFICATION FOR JAVITS AND CONVENTIONS.

A. Specification Format: The Specifications are organized into Divisions and Sections using the 16-division format and CS17CSC's "Master Format" numbering system.

1. Division 1: Sections in Division 1 govern the execution of the Work of all Sections in the Specifications.

B. 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. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense required. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates.

2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted.

i. The words ''shall,'' ''Shall be,'' of ''shall comply with,'' depending on the context, are implied where a colon (:) is used within a sentence or phrase, PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

ALTERNATES 012300 - 1

SECTION 012300 - ALTERNATES

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary

Conditions and other Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This section includes administrative and procedural requirements for alternates.

1.3 DEFINITIONS

A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to the Base Bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the

Contract Documents.

1. The cost for each alternate is the net addition to the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum.

1.4 PROCEDURES

A. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project.

1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate.

B. Notification: Immediately following award of the Contract/Purchase Order, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates.

C. Execute accepted alternates under the same conditions as other work of the Contract.

D. Schedule: A "Schedule of Alternates" is included at the end of this Section. Specification

Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate.

PART 2 - PRODUCTS (Not Used)

ALTERNATES 012300 - 2

3.1 SCHEDULE OF ALTERNATES

A. Alternate No.1:

1. Description: (Add Alternate) Additive price to provide a 6” thick concrete pad under new walk-in freezer including excavation, 2” thick insulation, forming, asphalt patching and coordinating elevations with existing grades. Reference all drawings and specifications for additional requirements.

3"

CONTRACT MODIFICATION PROCEDURES 001250-1

SECTION 001250 - CONTRACT MODIFICATION PROCEDURES

A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications.

1.2 MINOR CHANGES IN THE WORK

A. Architect will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the

Contract Sum or the Contract Time, on AIA Document G710, "Architect's Supplemental Instructions,"

1.3 PROPOSAL REQUESTS

A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time, If necessary, the description will include supplemental or revised Drawings and Specifications.

1. Proposal Requests issued by Architect are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change.

2. Within 7 days after receipt of Proposal Request, submit a quotation estimating cost adjustments to the Contract

Sum and the Contract Time necessary to execute the change.

a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Include costs of labor and supervision directly attributable to the change.

d. Include an updated Contractor's Construction Schedule that indicates the effect of the change including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

B. Contractor-Initiated Proposals; If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Architect.

1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time.

2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities.

3. Indicate…