RFP 21-2 Wayne RESA BAS Integration - BMB Project Manual.pdf

BUILDING SERVICES

Rob McCoy Manager of Facilities and Operations

33500 Van Born Road P.O. Box 807 Wayne, Michigan 48184-2497 www.resa.net

REQUEST FOR PROPOSAL

RFP #21-2

WAYNE RESA – BUILDING AUTOMATION SYSTEM INTEGRATION

(IDS Project Manual & Drawings # 20235-1000)

Out for Bid: September 1, 2021 Wayne RESA Purchasing Office 33500 Van Born Road Wayne, MI 48184-2497

Pre-Bid Meeting: September 15, 2021 2:00 p.m. local time 28865 Carlysle St.

Inkster, MI 48141

Area tours are at this time only.

Bid Due Date / Opening: September 28, 2021 2:00 p.m. local time via Livestream:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtO TI4NzExODdiOWM0%40thread.v2/0?context=%7b%22Tid%22%3a %223229604e-859b-4594-853b-c66d15b8dd80%22%2c%22Oid%22%3a%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22%2c%22IsBroadcastMeeting%22%3atrue%7d& btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a https://teams.microsoft.com/l/meetup-join/19:meeting_YzVhZDFiMGYtNmQ0Yy00MTg4LWEzMmUtOTI4NzExODdiOWM0@thread.v2/0?context=%7B%22Tid%22:%223229604e-859b-4594-853b-c66d15b8dd80%22,%22Oid%22:%22a38d5792-e3d8-4dec-af15-a1e273eabefb%22,%22IsBroadcastMeeting%22:true%7D&btype=a&role=a www.resa.net

TABLE OF CONTENTS

I Instructions to Vendors

A. Scope B. Introduction C. Proposal Process D. Evaluation of Proposals and Awards

II Specifications

A. General B. Financing Options C. Indemnity, Release, Insurance and Security D. Default and Termination E. Taxes F. Integration

III Attachments

Attachment #1: Signature Page

Attachment #2: Vendor Statement of Qualifications

Attachment #3: Familial Disclosure Form (MUST BE NOTARIZED)

Attachment #4: Iran Economic Sanctions Form (MUST BE NOTARIZED)

Attachment #5: Certificate of Liability Insurance

Attachment #6: Bid Security

Attachment #7: Assurances and Certifications

Attachment #8: Project Safety and Loss

Attachment #9: Scope of work for: HVAC Controls

I. INSTRUCTION TO VENDORS

A. Scope Wayne RESA requests Bid Proposals for Building Automation System Integration. Bid Proposals will be received through Building Connected on September 28, 2021 before 2:00p Ehttps://buildingconnected-community.force.com/s/article/How-to-submit-your-bid-directly-through-BuildingConnected

September 1, 2021 2 https://buildingconnected-community.force.com/s/article/How-to-submit-your-bid-directly-through-BuildingConnected https://buildingconnected-community.force.com/s/article/How-to-submit-your-bid-directly-through-BuildingConnected

1. Proposals shall be based on the requirements set forth in the RFP by Barton Malow Builders dated September 1, 2021: the bid set project manual and drawings issued by IDS on May 14, 2021.

2. Link to the Barton Malow Public Planroom:

https://app.buildingconnected.com/public/55a1292ff1a96708004a19dc

3. Accepted Bidders will be required, as a condition precedent to award of Contract, to furnish in the amount of 100% of the contract price, satisfactory Performance Bond and Payment Bond and Certificates of Insurance as required in the Project Manual.

4. Unless otherwise specifically set forth in the RFP, this Project is subject to state sales and/or use taxes and Bidder is required to include such taxes in its Bid Proposal.

5. Barton Malow Builders has been contracted by the Owner in the capacity of Construction Manager for the Project, and as such has the rights and obligations set forth in its contract with the Owner for those services and shall act as representative of the Owner to the extent required/allowed under its Owner contract.

6. Bid Proposals will be publicly opened September 28, 2021 at 2:00pm, evaluated by the Owner and Barton Malow Builders, Owner and the Architect, with recommended awards subsequently made by Barton Malow Builders and IDS. The Owner shall not open, consider, or accept a Bid Proposal that is received after the date and time specified for bid submission in this Advertisement for Bid.

7. A pre-bid conference and site visit/tour will be held at Burger Baylor (28865 Carlysle St, Inkster, MI 48141) on September 15, 2021 at 2:00 p.m. Pre-bid conference minutes will be distributed to all who are known by Barton Malow Builders to have received contract documents, but Barton Malow Builders, Architect and Owner will not be responsible for providing information to those not attending the pre-bid conference. Information disclosed in the pre-bid conference minutes will be considered part of the Bidding and Contract Documents.

8. Bid Proposals shall be submitted through Building Connected. Bidders will be required to submit with their Bid Proposals a Bid Security by a qualified surety authorized to do business in the state where the Project is located, an OSHA Form 300 for the most recent completed year, their worker's compensation Experience Modification Rate (EMR) factor, familial disclosure form, Iran sanctions form, and any other information required in the Instructions to Bidders. Bidders shall not withdraw Bid Proposals for a period of Sixty (60) Days after date for receipt of Bid Proposals.

9. The successful Bidder(s) will be required to enter into an agreement with Owner on the Agreement Form identified in Section 00500 of the Project Manual.

10. The right to reject any or all Bid Proposals, either in whole or in part, or to waive any informalities or irregularities therein is reserved by the Owner.

11. All Bid Proposals shall be accompanied by the sworn statement included in Section 00410 of the Project Manual, in accordance with MCL 380.1267, disclosing any familial relationship that exists

September 1, 2021 3 https://app.buildingconnected.com/public/55a1292ff1a96708004a19dc between the owner(s) or any employee of the Bidder and any member of the board of trustees or the President of the College. Bid Proposals that do not include this sworn and notarized disclosure statement shall not be accepted.

If you experience problems in downloading the documents, contact Kelli Ferguson (Barton Malow, Project Manager) at kelli.ferguson@bartonmalow.com

B. Introduction Wayne County RESA (WRESA) is seeking the assistance of the following trades for work at the Burger Baylor School & Education Center:

HVAC Controls

You must bid the entire scope of work for the category to be considered on this project. See Attachment #9 of this RFP for the required items to be provided in the scope.

The scope of the building modifications at aforementioned two buildings will be as designated on project drawings as shown on the drawings prepared by IDS.

All work must be done in a workman like manner and by individuals who have appropriate training and to a level of quality as acceptable by BMB, IDS and WRESA. Provide and turn over all required attic stock, etc. to the owner which is called out for in the specifications.

All work must be done on and around existing structure system, technology runs, conduits, etc. Any items not called out to be modified are assumed to remain and are to be protected as they will remain!

Contractors are to field verify all work prior to submission of bid. Submission of bid is an acceptance of all field conditions. The drawings are the ASSUMED scope of the work and the exact intent and quantity must be field evaluated. No additional change orders will be provided for field conditions in the for obvious items that could be found during a field evaluation.

SCHEDULE

All work must be done over and around a fully occupied (as it sits now) facility. Contractors are to provide the utmost care and concern when working in all areas. Clean up means to be as good or better condition than the work started at the beginning of the shift. All work is to have state review and approvals. Contractor will be required to apply for and obtain state permits and inspections as required.

Schedule all inspections with BMB and WRESA so representatives can be in attendance. Provide proof of approvals at the completion of work.

Work can commence upon notification of award and all necessary start-up materials, bonds, insurance and submittals are complete. Work must be complete by July 1, 2022. All final closeout materials submitted by August 1, 2022.

C. Proposal Process

1. Proposal must be prepared in compliance with provisions of this RFP. Failure to comply with all provisions of this RFP may result in disqualification of the proposal.

September 1, 2021 4 mailto:kelli.ferguson@bartonmalow.com

2. When submitting a bid proposal, use only the forms provided in the bid packet. Forms that have been altered or substitute forms will not be accepted.

3. Bid only the items as specified. No alternates will be accepted unless one or more of the following applies CLARIFY THIS ON YOUR PROPOSAL

Item has been discontinued.

Item is about to be discontinued.

Item available in limited quantity and will not be sufficient to cover orders for the entire bid period.

Changes in the law, rules, regulations or other legal mandate that disallow the use of a specified product.

4. Proposals will be opened publicly in a manner to avoid full public disclosure of contents;

however, names of the Contractors and the bid amount will be read aloud.

5. Before submitting a proposal, each Contractor shall make all investigations and examinations necessary to ascertain conditions, requirements and obstacles, if any exist, affecting the operation of the proposed services. Failure to make such investigations and examinations shall not relieve the successful Contractor from the obligation to comply, in every detail, with all provisions and requirements of the RFP nor shall it be a basis for any claim whatsoever for alteration in any term or payment required by the Agreement.

6. Requests for information relating to procedural issues should be directed to:

Kelli Ferguson Project Manager Email: kelli.ferguson@bartonmalow.com

7. If a Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, they shall immediately notify WRESA of such error in writing and request modification or clarification of the document. Modifications will be made by issuing a revision and will be given by written notice to all parties who have received this RFP from WRESA’s Purchasing Department as well as being posted on the Wayne RESA website. The Vendor is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the RFP prior to submitting the proposal or it shall be deemed waived.

8. Products and services which are not specifically requested in this RFP, but which are necessary to provide the functional capabilities proposed by the Vendor, shall be included in the proposal.

9. No allowance will be made after proposals are received and opened, for oversight, omission, error or mistake by Vendor.

10. All proposals and any accompanying documents become the property of WRESA and will not be returned.

September 1, 2021 5 mailto:kelli.ferguson@bartonmalow.com

14. WRESA will not be liable in any way for any costs incurred by Vendors in the preparation of their proposals in response to this RFP nor for the presentation of their proposals and/or participation in any discussions or negotiations.

15. WRESA reserves the right to withdraw this RFP at any time and for any reason and to issue such clarifications, modifications, and/or amendments as it may deem appropriate.

16. Receipt of proposal materials by WRESA or submission of a proposal to WRESA offers no rights against WRESA nor obligates WRESA in any manner.

17. WRESA reserves the right to waive minor irregularities in proposals. Any such waiver shall not modify any remaining RFP requirements or excuse the Vendor from full compliance with the RFP specifications and other contract requirements if the Vendor is awarded the contract.

18. Proposal must be signed by an officer of the Vendor who is legally authorized to obligate the Vendor to a contract.

19. All proposals shall be a matter of public record subject to the provisions of Michigan law.

20. All bidders are required to confirm that they have ALL bidding documents, addendums, and clarifications BEFORE bids are submitted. Contact location is as provided above.

D. Evaluation of Proposals and Award

1. All Vendors, by submitting proposals, agree that they have read and are familiar with all the terms and conditions of the RFP (including drawings, project manual and specifications) and will abide by the terms and conditions thereof.

2. RESA, at its sole discretion, shall determine whether particular Vendors have the basic qualifications to conduct the desired service for RESA. In determining whether a Vendor possess the basic qualifications to operate, WRESA may consider, but not be limited to, the following: (a) Vendor’s general reputation for performance and service; (b) Vendor's longevity of service (number of years) and previous experience in operation of public assembly facilities; (c) Years of continuous business; (d) Vendor’s financial condition.

3. Proposals will first be examined to eliminate those that are clearly non-responsive to stated requirements.

4. Award shall be made to the most responsible Vendor whose proposal is determined to be the most advantageous to WRESA taking into consideration the terms and conditions set forth in this RFP. A valid and enforceable contract exists when an agreement is fully executed between WRESA and the Vendor.

5. Any response that takes exception to any mandatory items in this RFP may be rejected and not considered.

6. WRESA reserves the right to accept or reject in part or in whole any or all proposals submitted.

WRESA reserves the right to select other than the lowest bidder.

September 1, 2021 6

7. WRESA reserves the right to request in writing clarifications or corrections to proposals.

Clarifications or corrections shall not alter the Vendor’s price contained in the cost proposal.

8. WRESA reserves the right to negotiate further with the successful vendor. The content of the RFP and the successful Vendor’s proposal(s) will become an integral part of the contract, but may be modified by the provisions of the contract. The contract will be issued in the form of a purchase order to the successful contractor.

9. By submission of proposals pursuant to this RFP, Vendors acknowledge that they are amenable to the inclusion in a contract of any information provided either in response to this RFP or subsequently during the selection process.

10. A proposal in response to an RFP is an offer to contract with WRESA based upon the terms, conditions, and scope of work and specifications contained in the RFP.

11. WRESA has the right to use, as WRESA determined to be appropriate and necessary, any information, documents, and anything else developed pursuant to the RFP, the proposal and the contract.

12. Vendors must submit proposals that are complete, thorough and accurate. Brochures and other similar material may be attached to the proposal.

13. All proposals must be valid for 60 days from the proposal submission date.

14. Proposals received after the specified date and time for proposal submission shall not be considered, but will be recorded, filed, and shall remain sealed.

II. SPECIFICATIONS

A. General

Specifications (attached herein and IDS drawings, specifications / project manual) are intended to define the level of quality and performance of the requested equipment/service and not to be restrictive. All variations from the specified items shall be fully explained and included with the bid. Manufacturer names and manufacturer product numbers shall be used in all cases. All prices quoted shall be on a unit basis. The determination of the Bid Evaluation Committee as to what alternates are equal shall be final and conclusive.

Each bid shall include:

A plan for installation A detailed schedule showing all required items and timelines achieving the project milestones.

Milestone dates:

September 1, 2021 7

Out for bid: September 1, 2021 Pre-bid Meeting: September 15, 2021 at 2:00pm – At the project site listed on coversheet Bid Due date: September 28, 2021 at 2:00pm – via Livestream Post bid meeting(s): September 29, 2021 starting at 11:00 a.m. (contractors submitting bid must attend this meeting if determined to be low bidder at opening) Contract action made: October 2021 Purchase order (form of contract issued) Start of Construction: November 1, 2021 Contractors are to provide their required durations for the project.

NOTE: Contractor to include in their base bid all necessary shift time, over time, weekend work as necessary to maintain this milestone schedule. Contractors also must provide all “quick ship” for all long lead items in their base bid to be able to maintain this construction turnover schedule as listed above.

B. Renovation work – general overview of the scope of work (see Attachment 9 for specific work scope assignments)

There is one scope of work for this project.

The HVAC Controls contractor is responsible for providing a new BAS primary operator interface system for central monitoring of all WRESA BAS equipment. This contractor is also responsible for integrating all existing DDC system devices and points into the new central primary server. This contractor will also update existing Burger Baylor building to be managed by the new central primary server and update equipment and software as applicable to retain all existing system functionality. Work is to occur at both the Education Center and Burger Baylor buildings.

Provide all necessary investigations and subcontractor coordination required to complete the work and all phasing. Contractor(s) are responsible to coordinate with the Architect, Barton Malow Builders and Wayne RESA on all work not to disrupt owners operations. All necessary submittal procedures are to be followed per the project manual.

The scope of the work is to provide all necessary construction as shown on the drawings and specified within this RFP. This includes all required Wayne County permits, state permits, electrical and mechanical permits as required. Copies of all permits must be provided before the start of work.

Additionally, all work is being performed around fully operational systems. These systems operation MUST be maintained at all times. No outages to the system can be made. If shutdowns are required, this work is scheduled to occur on unoccupied times or weekends as needed. Temporary dust barrier and enclosures must be provided during all phases of the work.

Contractor and all necessary subcontractors are to attend weekly progress meeting with project team as required determined, at a date and time selected by the Barton Malow and WRESA.

Dumpster must be rubber tire and grass protection must be provided in a mutually agreed upon location. All repairs to the grass including leveling, filling and reseeding must be provided. Sidewalk and curb protection must be provided as well.

September 1, 2021 8

All interior areas of the building are to be protected from damage, foot traffic and dust migration.

The exterior door must remain clear for egress in cause of emergency during construction.

All Contractor(s) are to provide an on-site coordinator to provide coordination the daily activities of your work. Must provide emergency response at any time 24 hours a day 7 days a week in case of ANY emergency required to keep the systems operations (example any construction caused emergency).

Provide for ALL overtime and shift time necessary to complete the work as required within the timeframe provided.

NO hazardous materials or flammable materials can be stored on site and must be removed daily.

The Contractor(s) shall be responsible to maintain at the job site one copy of:

1. Record Contract Drawings

2. Record Project Manual

3. Addenda

4. Reviewed/Approved Shop Drawings and submittals

5. Change Orders

6. Other modifications to Contract

7. Field test records

8. Affidavits

B. Store documents apart from documents used for construction.

C. Maintain documents in clean, dry, legible condition.

D. Do not use project record documents for construction purposes.

E. Make documents available for inspection by the Owner, Barton Malow Builders and the Architect.

The Contractor(s) is/are to provide the close-out requirements are as follows:

Close-out DEFINITIONS

A. Close-out is the process of organizing the general project requirements near the end of contract time to evidence the completion of the Work. The time of close-out directly relates to "Substantial Completion." It can either be a single time period for the entire Work, or a series of time periods for individual parts of the Work, which have been certified as Substantially Complete at different dates.

Unless otherwise defined in the Contract Documents, Substantial Completion of the Work is the stage in the progress of construction when the Work is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.

Substantial Completion of the Project is the stage when Project construction is sufficiently complete so the Owner can occupy or utilize the project for its intended use.

September 1, 2021 9

Final Completion of the Project is the stage when Certification of Substantial Completion has been issued by the Architect according to the terms and conditions of the Contract Documents “approval of the Project Certificate for Payment has been received from the Architect (or Owner) in order to release final payment to the Contractor.”

1.03 PROJECT COMPLETION

A. Contract requirements shall be met when construction activities have successfully produced, in this order, these three Project completion milestones:

1. Substantial Completion

2. Final Completion

3. Final Payment

PART 2 - CLOSE-OUT PROCESS

2.01 CONTRACT CLOSE OUT DOCUMENTATION

A. Before processing the completion of all contractual responsibilities of a Contractor, and to expedite final payment to a Contractor, a detailed review of all contractual requirements will be performed along with compiling a list of deficiencies. Effective and timely contract close-out is the objective, but it also requires efficient and timely action of the Contractor to provide the necessary punch list completion Work, documents, materials, close-out documentation, and all other requirements set forth in the Contract Documents.

2.02 CLOSE-OUT PROCEDURE

A. The following procedure and forms will be used to progress through the contract close-out stage in a productive and timely manner. Note: Contractor is required to provide these forms for use on this project.

Step 1 PREPARATION FOR CONTRACT CLOSE-OUT

During the course of the Project, the Contractor will thoroughly review the Contract Documents as it relates to the requirements and obligations and gather and submit to Barton Malow Builders the proper submittals, shop drawings, material certifications, waivers, certificates of insurance, bonds, and other contractual requirements impacting contract close-out.

Step 2 INITIATING THE FINAL CLOSE-OUT PROCESS

When nearing 90% completion of the Work, the Contractor will review the status of the Close-Out process with Barton Malow Builders. The Contractor's contractual responsibilities will be reviewed and outstanding close-out and other submittals identified.

Step 3 OBTAINING THE CERTIFICATE OF SUBSTANTIAL COMPLETION

Note: This work is being performed as 2 phases the date of substantial completion will be considered from the point of owner use / system commissioning (owner turnover). As the Phase 1 and Phase 2

September 1, 2021 10 work is completing and contractor is nearing the completion of the Work and after concurrence with Barton Malow Builders, it shall submit a written request for Substantial Completion, all required documentation as outlined, and a listing of all minor deficiencies yet to be completed.

The following documents are the minimum required at the time of request for Substantial Completion.

Contractor shall also submit all additional documentation as required in the Contract Documents:

AIA G704 Certificate of Substantial Completion – (3 original signed documents)

As-built records

Operation and Maintenance Manuals

Keys, Maintenance Stock, and Spare Parts - quantities as required in the specifications.

Test and Start-up/Owner Training Sessions

Submission of Permits and Approvals (i.e., Fire Marshal, Department of Public Health Approvals, etc.) – one original and two copies. Closed out permits and certificate of occupancy by each permitting agency.

Guarantee and Warranties

Asbestos Free waivers

Punchlist (list of work to be completed or corrected)

Once Barton Malow Builders has received all required documents they will be forwarded to the Architect and Owner. Barton Malow Builders will review the Contractor's request for Substantial Completion; all above documentation, and list of deficiencies, add appropriate comments, and forward to the Architect and/or Owner for review. In conjunction with the Contractor, Barton Malow Builders will establish a schedule for the completion of all listed items, which in no event shall exceed any time periods established in the Contract Documents for Final Completion.

When the Architect determine(s) that the Work is substantially complete, the Certificate of Substantial Completion shall be issued to the Contractor.

Step 4 CONTRACTOR COMPLETES PUNCHLIST WORK

Each Contractor shall submit a letter certifying all punchlist items are completed, in a manner acceptable to the Owner, Barton Malow Builders and the Architect.

Step 5 FINAL INSPECTION NOTICE

Each Contractor is to forward written notice and accompanying documentation to Barton Malow Builders that Work is ready for final inspection and acceptance. Barton Malow Builders will forward

September 1, 2021 11 written notice to the Architect if Barton Malow Builders is in agreement that Work is complete. The Architect will perform a final inspection and sign off on the punchlist form if Work is in fact completed.

If punchlist work is not found complete, the Contractor shall take action to remedy any insufficiencies and then shall re-submit the written notice and accompanying documentation that Work is ready for final inspection and acceptance. If Barton Malow Builders and/or Architect are required to perform “more than 2” site visits to determine Substantial or Final Completion of Contractor’s Work, the costs for such additional inspections shall be charged to Contractor.

The following documents are the minimum required to complete final payment. Contractor shall also submit all additional documentation as required in the Contract Documents in a digital / EMAIL FORMAT only:

1. Final Payment Request (on G702 & G703).

2. Provide proof of completed inspections, including finalized approved permits

3. Guarantees/Warranties (including subs and suppliers).

4. Final Sworn Statements (including subs and suppliers).

5. Acknowledgment of Payment and Partial Unconditional Release

6. Final Release Subcontractor/Materialman

7. Consent of Surety Company to Final Payment (AIA G707)

8. Consent of Surety to Reduction or Partial Release of Retainage (AIA G707A)

9. Certificate of Substantial Completion (on G704).

10. Completion and acceptance of all punch list Work.

Items 2, 3, 4 and 5 must always be submitted with the final request for payment.

Step 6 REVIEW OF FINAL PAYMENT REQUEST

Barton Malow Builders and the Architect will review the Contractor's final payment request and Close- Out file. Barton Malow Builders reserves the right to withhold 200% of the estimated cost for each punchlist item not completed until complete. If all administrative documents are attached or have been submitted (i.e. guarantee, warranty, waiver of lien, etc.), all Work is complete, and all other responsibilities are met, the Project Team will forward the Contractor’s Application for Final Payment to the Owner and payment shall be processed according to the Owner's regular procedures.

2.03 FINAL COMPLETION

A. To attain final completion, the Contractor shall complete activities pertaining to Substantial Completion, and complete Work on punch list items. Only then shall it issue written request to Barton Malow Builders to conduct a site visit to determine Final Completion.

September 1, 2021 12

B. When Contractor considers the Work is finally complete, it shall submit written certification that:

1. Contract Documents have been reviewed.

2. Work has been inspected for compliance with Contract Documents.

3. Work has been completed in accordance with Contract Documents.

4. Equipment and systems have been tested in the presence of the Owner's representative and are operational.

5. Work is completed and ready for final observation.

C. Barton Malow Builders and/or Architect will make an observation to verify the status of completion with reasonable promptness after receipt of such certification.

D. Should Barton Malow Builders and/or Architect consider that the Work is incomplete or defective:

Barton Malow Builders will promptly notify the Contractor in writing, listing the incomplete or defective Work.

Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to the Barton Malow Builders that the Work is complete.

Barton Malow Builders and/or Architect will re-inspect the Work.

E. When Barton Malow Builders and/or Architect determines that the Work is acceptable under the Contract Documents, it shall request the Contractor to make close-out submittals. The contractor should start assembly of close-out items immediately from start of work!

2.04 CONTRACTOR'S CLOSE-OUT SUBMITTALS

A. Evidence of compliance with requirements and approval of governing authorities (state, local or federal):

1. Certificates of Inspection

B. Project Record Documents:

C. Operating and Maintenance Data, Instructions to Owner's Personnel:

D. Warranties and Bonds: Refer to requirements of Individual Sections and Individual Technical Specifications

September 1, 2021 13

E. Spare Parts and Maintenance Materials: Refer to requirements of Individual Technical Specifications.

F. Evidence of Payment and Release of Liens:

Contractor to abide by all MIOSHA rules and regulations, along with all Barton Malow safety standards are provided within the document as attachment. Hardhats, safety glasses are required.

No smoking is allowed on this project site.

(Sections 1 through 4 omitted)

Section 5 Contract Sum and Payments

5.2 The Vendor may submit for progress payments at most monthly. Pay applications shall be submitted using the Application and Certificate for Payment (AIA Documents G702 and G703 Continuation Sheet).

5.3 Before the first application for payment, the Vendor shall submit to the Owner a quotation schedule showing the values allocated to each quotation for portions of the Work (“Schedule of Values”). The Vendor’s schedule of values shall be accompanied by a certified statement from the Vendor prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, when approved by the Owner, shall be submitted with each application for payment and shall be used as a basis for reviewing the Vendor’s applications for payment.

5.4 On or before the twentieth (20th) of the month, the Vendor may submit a draft of the Application for Payment. The Vendor is to invoice for Work completed from the twentieth (20th) of last month to the twentieth (20th) of the present month. The Vendor shall submit during the review, the itemized rough draft of the Application and Certificate for Payment (AIA Documents G702 and G703 Continuation Sheet) identifying the Work completed, if any, during the current calendar month;

shall review same with Barton Malow Builders and obtain a preliminary approved copy of the draft for official submission. Vendor’s pay application shall only reflect Work completed through the date of submission. In no event will payments be authorized for forecasted Work.

5.5 With the draft information agreed upon, the Vendor will prepare a formal application for payment request. Three (3) originals of the request and three (3) originals of the sworn statements must be submitted to Barton Malow Builders’ Site office on or before the twenty-fifth (25th) of the month, or as scheduled with the project team. Late or incomplete application packets will not be accepted.

The payment request will be made on an Application and Certificate for Payment form (AIA documents G702 and G703). Each Vendor is responsible for obtaining the forms. Before submitting these documents to Barton Malow Builders, each request for payment must be signed by a duly authorized agent of the Vendor and notarized. The Vendor must include with each request for progress payment a waiver of lien for all previous payments, Vendor’s sworn statement and any necessary backup data, Waivers of Lien and Sworn Statements. In addition, at submission of the final pay application Vendor shall provide unconditional final waivers of lien for all Subordinate Parties, as well as all documentation required. In requests for payment which follow the execution of a Change Order in excess of twenty-five percent (25%) of the Agreement price, Vendor must present a bond rider evidencing that the penal sum of any required payment and performance bonds have been increased to one hundred percent (100%) of the adjusted Agreement price.

Submission of the required back-up data is a condition precedent to payment.

5.6 No payment shall be issued to a Vendor for materials stored off-site unless approved in writing by the Owner. If approved, the Vendor will be required to provide additional documentation for the stored materials. If billing for stored materials will be requested by the Vendor, review the

September 1, 2021 14 additional requirements with Barton Malow Builders (off site storage must be fully insured and the insurance policy must be provided).

5.7 Owner shall be entitled to withhold ten (10%) percent of each payment due to a Vendor until the punchlist has been completed and all closeout documents have been submitted.

5.8 Each application for payment shall be based on the payment terms as described in this Section and shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.

5.9 Second and final payment must be accompanied by lien waivers from the Vendor, its Subordinate Parties or receipted invoices covering payment to the Vendor for previous billings. Lien waivers must be unconditional and must show the amount paid.

5.10 An “Acknowledgment of Payment and Partial Unconditional Release” must be provided. The Waiver of Lien is to be signed by an authorized representative of the Vendor. Under no circumstances will ANY payment s be released until the completed "Acknowledgment of Payment and Partial Unconditional Release" has been submitted and signed by the Vendor from the previous month.

5.11 Final payment will not be made until a Final Release has been submitted. The Final Release must be signed by an authorized representative of the Vendor and must be notarized. Consent of final surety must be provided from the vendors bonding company for release of final payment.

5.12 Final unconditional waivers will be required for all of Vendor’s Subordinate Parties (e.g.

suppliers). These final waivers must be submitted along with the final release before payment can be made.

5.13 Provided an Application for Payment is submitted to the Barton Malow Builders and approved not later than the 25th day of a month, the Owner’s payment to the Vendor will be issued not later than 45 days from the date the approved invoice is received by the Owner.

Taxes, Permits, Fees and Notices

6.1 The Contractors shall pay all required sales, consumer, use and similar taxes for the Work provided by the Vendor.

6.2 Unless otherwise provided in the Contract Documents, the Vendor shall secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required as of that date.

6.3 The Contractor shall comply with and give notices required by all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities.

Supervision of the Work

7.1 The Contractor shall supervise and direct the Work, using the Vendor’s best skill and attention. The

Vendor shall be solely responsible for and have control over the means, methods, techniques, sequences, and procedures of completing the Work and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

7.2 The Vendor shall be responsible to the Owner for acts and omissions of the Vendor’s employees, Sub-Vendors and their agents and employees, and other persons or entities performing or providing portions of the Work to, for or on behalf of, the Vendor or any of its Sub-Vendors.

7.3 The Vendor shall not contract with a proposed Sub-Vendor, person, or entity to whom the Owner or BMB has made reasonable objection or change a Sub-Vendor, person or entity previously selected if the Owner or BMB makes reasonable objection to such change. If the Owner or BMB has reasonable objection to a person or entity proposed by the Vendor, the Vendor shall propose another to whom the Owner or BMB has no reasonable objection.

September 1, 2021 15

7.4 By appropriate written agreement, each Sub-Vendor to the extent of the Work to be performed by the Sub-Vendor, shall agree to be bound to the Vendor by terms of the Contract Documents, and to assume toward the Vendor all the obligations and responsibilities which the Vendor, by the Contract Documents, assumes toward the Owner and BMB. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager, Technology Designer, and Architect under the Contract Documents with respect to the Work to be performed by the SubVendor so that subcontracting thereof will not prejudice such rights, and shall allow to the SubVendor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Vendor that the Vendor, by the Contract Documents, has against the Owner.

Where appropriate, the Contractor shall require each SubVendor to enter into similar agreements with persons or entities that have a direct or indirect contract with a Sub-Vendor to perform a portion of the Work at the site (each, a “Sub-subvendor”).

7.5 All contracts between Contractor and Sub-Vendors and Sub-Vendors and Sub-sub vendors shall be in writing and shall specifically provide that the Owner is an intended third-party beneficiary of such subcontracts. Each such agreement shall also be assigned to the Owner, provided, that (a) assignment is effective only after termination of the Agreement by the Owner and only for those agreements which the Owner expressly accepts by notifying the Sub-Vendor or the Sub-sub vendor in writing; and (b) assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Agreement.

Labor and Materials

8.1 Contractor shall provide and pay for any labor, materials, tools, machinery, delivery, installation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated into the Work.

8.2 The Contractor shall not make substitutions until after evaluation by BMB and approval by the Owner.

8.3 Changes in work, contractor is allowed 10% markup for self-performed work and 5% markup on subcontractors. A full breakdown of all quotes showing labor, materials, subcontractor costs will be provided to BMB and RESA as request for any additional work IF requested.

Indemnification

9.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Barton Malow Builders and Barton Malow Builders’ consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Vendor, a Sub-Vendor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section.

9.2 In claims against any person or entity indemnified under this Section by an employee of the Vendor, a Sub-Vendor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 9.1 of this Agreement shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Sub-Vendor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

9.3 Contractor warrants that the transfer to Owner and the Owner’s use of any and all software and related documentation and that the manufacture, installation or sale by Contractor of any

September 1, 2021 16

Equipment or use thereof by Owner required for the Work pursuant to the Contract Documents will not infringe any proprietary rights (including patents, copyrights, trademarks, service marks, trade secrets or other ownership rights) of any other entity. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the Owner, BARTON MALOW BUILDERS, BARTON MALOW BUILDERS’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from any breach of the foregoing warranty, provided that the party seeking indemnification under this Section notifies Contractor in a timely fashion of such claim. In the event a claim of infringement is asserted, Contractor may (a) replace or modify the software and related documentation transferred to Owner, so long as Owner agreed that such replacement or modification achieves the substantive results of the original versions provided, or (b) procure, at its expense, appropriate licenses for Owner to use the rights allegedly infringed. Such obligation of Contractor shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section.

Title and Risk of Loss

10.1 Notwithstanding the provisions of Section 14 of this Agreement, title to all Equipment, including any software, software configurations, components and systems associated with such Equipment, together with their respective titles, license numbers, serial numbers and associated use, maintenance and operating manuals, as required by the Contract Documents, shall be transferred to the Owner upon payment in full to the Vendor, free and clear of all liens, encumbrances, claims and charges of any kind or nature.

10.2 The risk of loss, with respect to all Equipment provided by the Vendor, shall remain on the Contractor until title to the Equipment, or designated portion thereof, is transferred to the Owner pursuant to Section 10.1 of this Agreement.

10.3 The Owner shall be under no obligation to insure any Equipment that does not conform to the Contract Documents or has been rejected by the Owner. Under such circumstances, the risk of loss shall remain with the Vendor.

Clean Up

11.1 The Contractor shall keep the Project premises and surrounding area free from accumulation of waste materials and other debris created by operations required of the Contractor under the Contract Documents. At completion of the Work, Contractor shall remove or cause to be removed from and about the Project any and all waste materials and other debris created by Vendor’s activities, tools, equipment, machinery and surplus materials, including, but not limited to, any and all packing materials for the Equipment.

11.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so with its own or separately contracted forces, and, in either case, the cost thereof shall be charged to the Vendor.

Delivery

12.1 Contractor shall become fully informed of the conditions relating to delivery, installation, and labor under which the Work will be performed. Contractor shall employ such labor and means and methods of carrying out the Work as are required by such conditions.

12.2 Delivery and installation of all Equipment shall be made to the location or locations specified by the Owner and confirmed by the Contractor in writing. The Contract Sum includes all costs for delivery of the Equipment under this Agreement, whether accomplished in single or multiple deliveries. Installation of Equipment shall include testing as required by the Contract Documents.

12.3 Delivery of the Equipment shall also include delivery to Owner in electronic and written form compiled code and original source code, together with applicable documentation, for any software

September 1, 2021 17 or software configuration that has been custom-configured for the Project or is otherwise not commercially available to the general public.

12.4 Contractor shall consult with Owner and BMB to identify the route to be used within the Project premises from the point of initial delivery to the place of final placement and/or installation. After its selection, the route shall be made available for delivery of Equipment as provided in the Contract Documents.

12.5 Contractor shall, within a reasonable time prior to delivery, provide the Owner and BMB with schedules for access and arrange for the use of elevators and unloading facilities as required.

13. Installation

13.1 Any access to the Owner’s facilities, data network, telecommunications network, proprietary network, systems and/or components necessary for the installation required by the Contract Documents shall be limited to specifically designated areas defined by Owner in writing for a specified, limited period of time, as required for the Work related to the Project.

13.2 Contractor shall keep all security, confidential information, data, network, systems, access privileges and passwords of Owner (collectively, the “Confidential Information”) in strictest confidence and shall use its best efforts and utmost diligence to safeguard Owner’s Confidential Information and to protect it against disclosure, misappropriation, misuse, espionage, loss and theft.

Contractor shall notify Owner immediately in the event of any breach or threat of breach of the Confidential Information.

13.3 Omitted – Not applicable.

13.4 All installation included in the Work shall comply with all rules, regulations, requirements and/or standards established by all applicable building, fire and safety codes.

13.5 When the Contractor considers installation of all or a designated portion of the Equipment required by the Contract Documents to be complete, Contractor shall advise the Owner and BMB in writing.

14. Acceptance

14.1 Prior to the tender of delivery by the Vendor, the Owner may conduct a preliminary inspection of the Material for the purpose of verifying the delivery of the Material, including an inventory of quantities. Such preliminary inspection shall not, however, constitute an acceptance of, taking charge over or control of such Material. Any defects, damages, deficiencies or nonconformity discovered by the Owner shall be reported to the Vendor.

14.2 Upon completion of delivery and installation of the Material, the Owner, shall conduct an acceptance inspection, including, but not limited to, an inventory of the Material.