RFP Door Access Controls 28-1300.pdf

Clare-Gladwin RESD Request for Proposals / Door Access Controls 28-1300

A. Instructions Clare-Gladwin RESD is accepting proposals for the purchase and complete installation of Door Access Controls as part of new construction for a Career and Technical Education Building located at 3200 S.

Clare Ave. Clare, MI 48617. Clare-Gladwin RESD has contracted Rockford Construction to manage the construction project. The selected bidder will coordinate with Rockford Construction for scheduling, installation, and safety requirements for the project's duration, along with the owner for programming of access controls. Bidders will contract directly with Clare-Gladwin RESD for this proposal. If a bidder plans to submit proposals for multiple bid categories, please provide a total package price.

**CGRESD reserves the right to reject any or all proposals and to make any award that it considers to be in the best interest of CGRESD.**

B. Proposal Submission and Bid Walk To be considered by CGRESD, the complete proposal must be received no later than Monday, January 8th at 2:00pm. Proposals should be mailed or submitted in-person to the address listed below:

Proposal Submission Clare-Gladwin RESD

Attn: Tara Mager - Proposal for Door Access Control 4041 East Mannsiding Rd.

Clare, MI 48617

C. Late Proposals Any proposal received by CGRESD after the time specified above may not be considered, at CGRESD's discretion. The party submitting a proposal shall bear full and total responsibility for ensuring timely receipt of that proposal.

D. Withdrawal of Proposals Proposals may be withdrawn by written notice received at any time prior to the submission deadline.

Proposals may be withdrawn in person, provided that the firm’s representative signs a receipt for the proposal prior to the submission deadline.

E. Questions Concerning this RFP Inquiries may be made to Eric Johnson at the Clare-Gladwin Regional Education Service District located at 4041 E. Mannsiding Rd., Clare, MI 48617, via telephone at (989) 386-9334, or via email at ejohnson@cgresd.net. Information about CGRESD is available during business hours (7:30 a.m. – 4:00 p.m.). Questions & answers will be updated and can be accessed at https://www.cgresd.net/o/cgresd/page/request-for-proposal

F. Economy of Preparation Proposals should be prepared simply, providing a concise description of the firm’s ability to meet the requirements of this RFP.

G. Proposal Signature The proposal should be signed by the person responsible for the decision as to services and costs being offered. In the case of a joint proposal, each party should certify as to services and costs being offered by its own firm in connection with this proposal.

H. Prime Responsibilities The firm selected will be required to assume responsibility for all services described in this RFP and in https://www.cgresd.net/o/cgresd/page/request-for-proposal

Clare-Gladwin RESD Request for Proposals / Door Access Controls 28-1300 the proposal, regardless of who actually provides such services and whether the selected firm utilizes separate consultants. The selected firm shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

I. Proposal Preparation Costs All costs incurred for proposal preparation presentation, or contract negotiation, are the responsibility of the firm. CGRESD shall not be responsible for, and will not pay, the cost for any information solicited or received.

J. Acceptance of Proposal Contents The contents of the proposal of the selected firm will become contractual obligations when a contract is issued, except with regard to particular contents which are rejected by CGRESD. Failure of the successful firm to abide by such obligations without the express consent of CGRESD’s Board of Education will result in cancellation of the award.

K. Proposed Project Schedule Bidders must adhere to the attached schedule provided by the Construction Manager. Please reference the attached project schedule.

L. Collusive Bidding and Relationship Disclosure.

The Proposer certifies that their Proposal is made without any previous understanding, agreement or connection with any person, firm, or company making a Proposal for the same project and is in all respects fair and without outside control, collusion, fraud, or other illegal action.

The Proposer shall submit a Familial Relationship Disclosure in substantially the form attached hereto as Attachment “B.”

The Proposer shall also submit an Iran Economic Sanctions Act Certification in substantially the form attached hereto as Attachment “C.”

M. Scope of Services It is assumed that any proposal submitted will include, but shall not necessarily be limited to, the performance of all of the activities and services identified in this RFP and as set forth in the form of Agreement attached as Attachment “A.” CGRESD will consider alternate proposals; however, the proposals must clearly indicate any activities that have been deleted and/or added from the requested scope of services.

N. Insurance Prior to beginning work, the selected firm will be required to provide a copy of insurance certificates for general and professional liability coverages. Clare-Gladwin RESD and Rockford Construction must be named as additional insured for the duration of the project.

O. Bonding The CONTRACTOR shall, at its sole expense, furnish to the OWNER security of the following types and amounts:

Bid Bond 5% Performance Bond 100% Labor Bond 100% Material Bond 100%

ID Task

Mode

Task Name Duration Start Finish

1 CGRESD 595 days? Mon 2/20/23 Fri 5/30/25

2 Design 205 days Mon 2/20/23 Fri 12/1/23

13 Procurement Items 262 days Wed 2/1/23 Thu 2/1/24

16 Preconstruction/Estimating 112 days? Tue 9/5/23 Wed 2/7/24

61 Construction 347 days? Thu 2/1/24 Fri 5/30/25

62 Submittals 35 days Mon 2/12/24 Fri 3/29/24

63 Procurement 60 days Mon 4/8/24 Fri 6/28/24

64 Mobilization 5 days Mon 4/1/24 Fri 4/5/24

65 Site Work - 65 days Mon 4/1/24 Fri 6/28/24

66 SESC Installation 10 days Mon 4/1/24 Fri 4/12/24

67 Mass Grading 15 days Mon 4/8/24 Fri 4/26/24

68 Site Utilities 90 days Mon 4/15/24 Fri 8/16/24

69 Site Concrete / Asphalt Paving Base Course 40 days Mon 8/5/24 Fri 9/27/24

70 Asphalt Paving Top Course / Striping / Signage 20 days Thu 5/1/25 Wed 5/28/25

71 Seeding / Landscaping Fall 2024 30 days Mon 9/2/24 Fri 10/11/24

72 Final Seeding Landscaping Phase Spring 2025 15 days Mon 5/5/25 Fri 5/23/25

73 Building Construction 325 days? Fri 3/1/24 Thu 5/29/25

74 Building Foundations 30 days Mon 4/15/24 Fri 5/24/24

75 Classrooms/Tech Center 265 days Mon 5/6/24 Fri 5/9/25

76 CMU Walls 45 days Mon 5/6/24 Fri 7/5/24

77 Pre-Eng Building #2 45 days Mon 6/24/24 Fri 8/23/24

78 Cooler/Freezer Install 10 days Mon 7/29/24 Fri 8/9/24

79 Roofing Conference/Tech Center 40 days Mon 8/12/24 Fri 10/4/24

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Project: Design Schedule

Date: Mon 11/27/23

Task Name Duration Start Finish

80 Set Mechanical Equipment 5 days Mon 10/7/24 Fri 10/11/24

81 Interior Framing 30 days Mon 10/7/24 Fri 11/15/24

82 Exterior Glazing/Openings 15 days Mon 8/26/24 Fri 9/13/24

83 Interior MEP Rough-In 30 days Mon 10/21/24 Fri 11/29/24

84 Kitchen MEP Rough-In 20 days Mon 11/4/24 Fri 11/29/24

85 MEP Rough Inspections 10 days Mon 12/2/24 Fri 12/13/24

86 Hang/Finish Drywall 30 days Mon 12/16/24 Fri 1/24/25

87 Paint Structure and Deck 15 days Mon 1/6/25 Fri 1/24/25

88 Prime/1st Coat Drywall 20 days Mon 1/13/25 Fri 2/7/25

89 Paint CMU 30 days Mon 2/10/25 Fri 3/21/25

90 Resonance Tile in Kitchen 10 days Mon 3/24/25 Fri 4/4/25

91 Ceiling Grid 20 days Mon 3/3/25 Fri 3/28/25

92 MEP Trim Out 20 days Mon 3/17/25 Fri 4/11/25

93 Drop Pads 15 days Mon 4/7/25 Fri 4/25/25

94 Flooring 25 days Mon 3/31/25 Fri 5/2/25

95 Final Clean 5 days Mon 5/5/25 Fri 5/9/25

96 Conference Center 75 days Mon 7/8/24 Fri 10/18/24

97 CMU Walls 20 days Mon 7/8/24 Fri 8/2/24

98 Pre-Eng Conference Center 20 days Mon 7/22/24 Fri 8/16/24

99 Roofing Conference Center 20 days Mon 8/12/24 Fri 9/6/24

100 Set Mechanical Equipment 5 days Mon 9/9/24 Fri 9/13/24

101 Exterior Glazing/Openings 10 days Mon 9/9/24 Fri 9/20/24

102 MEP Rough-In 20 days Thu 8/8/24 Wed 9/4/24

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Task Name Duration Start Finish

103 Build/Hang/Finish Bulkhead 10 days Mon 8/19/24 Fri 8/30/24

104 MEP Rough Inspections 2 days Thu 9/5/24 Fri 9/6/24

105 Paint CMU 7 days Tue 8/27/24 Wed 9/4/24

106 Install Operable Wall 5 days Thu 9/5/24 Wed 9/11/24

107 Ceiling Grid 5 days Thu 9/5/24 Wed 9/11/24

108 Overhead MEP Trim Out 10 days Thu 9/5/24 Wed 9/18/24

109 Overhead MEP Inspections 2 days Thu 9/19/24 Fri 9/20/24

110 Doors/Hardware 3 days Thu 9/5/24 Mon 9/9/24

111 MEP Trim Out 5 days Tue 9/10/24 Mon 9/16/24

112 Drop Pads 5 days Mon 9/23/24 Fri 9/27/24

113 Flooring 10 days Mon 9/30/24 Fri 10/11/24

114 Final Clean 5 days Mon 10/14/24 Fri 10/18/24

115 Project Closeout 64 days Mon 4/14/25 Thu 7/10/25

116 Commissioning Kickoff 1 day Mon 4/14/25 Mon 4/14/25

117 Punchlist 30 days Mon 5/12/25 Fri 6/20/25

118 Commissioning 15 days Tue 4/15/25 Mon 5/5/25

119 Test & Balance 5 days Tue 5/6/25 Mon 5/12/25

120 Initial Inspections 5 days Mon 5/5/25 Fri 5/9/25

121 Functional Testing 5 days Mon 5/12/25 Fri 5/16/25

122 Life Safety Testing 2 days Mon 5/19/25 Tue 5/20/25

123 Life Safety Demonstration 2 days Wed 5/21/25 Thu 5/22/25

124 TCO Inspections 5 days Wed 5/21/25 Tue 5/27/25

125 C of O Inspections 2 days Wed 5/28/25 Thu 5/29/25

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126 Turnover/Owner FFE Install 30 days Fri 5/30/25 Thu 7/10/25

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AIA

Document A101TM – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

User Notes: (3B9ADA18)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

The parties should complete A101™–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « ____ » day of « _______________ » in the year « 20___ » (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

Clare-Gladwin Regional Education Service District 4041 E Mannsiding Road Clare, Michigan 48617 and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

Clare-Gladwin RESD, Career and Technical Education Program, including construction improvements to the Magnus Center Property located on South Clare Avenue, all in accordance with the Owner-approved plans and specifications, all applicable laws, the Owner’s fixed budget, and as otherwise approved by the Owner.

The Architect:

(Name, legal status, address and other information)

The Design Forum Inc

PO BOX 561

Belmont, Michigan 49306

The Owner and Contractor agree as follows.

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 THE WORK OF THIS CONTRACT

3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4 CONTRACT SUM

5 PAYMENTS

6 DISPUTE RESOLUTION

7 TERMINATION OR SUSPENSION

8 MISCELLANEOUS PROVISIONS

9 ENUMERATION OF CONTRACT DOCUMENTS

EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, bid specifications and Owner-accepted portions of bid responses, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Without reducing or eliminating any specific duties of the Contractor set forth in the Contract Documents or required by law, the Contractor’s work shall at all times minimally comply with the industry standard for the type of work described.

The Contractor’s Work shall specifically include: ___________________________________________________.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 3.1 The date of commencement of the Work shall be:

(Check one of the following boxes.)

[ « » ] The date of this Agreement.

[ « » ] A date set forth in a notice to proceed issued by the Owner.

[ « X » ] Established as follows:

(Insert a date or a means to determine the date of commencement of the Work.)

«______________________, 20___ »

If a date of commencement of the Work is not selected or is blank, then the date of commencement shall be the date of this Agreement.

§ 3.2 The Contract Time shall be measured from the date of commencement of the Work.

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

§ 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work:

(Check one of the following boxes and complete the necessary information.)

[ « » ] Not later than « » ( « » ) calendar days from the date of commencement of the Work.

[ « X » ] By the following date: « _______________ »

§ 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates:

Portion of Work Substantial Completion Date

§ 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5.

§ 3.4 Time of the Essence. The Contractor agrees that time is of the essence for this contract. The Contractor shall start work when directed by the Architect, shall furnish sufficient materials, and shall furnish a sufficient number of properly skilled workers so as not to delay its work, the work of any other contractor, or the completion of the Project.

ARTICLE 4 CONTRACT SUM

§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be « _____________________ Dollars » ($ « __________ » ), subject to additions and deductions as provided in the Contract Documents.

§ 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum:

Item Price

§ 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner in writing following execution of this Agreement. Upon the Owner’s written acceptance, the Owner shall issueaccepted alternate shall constitute a Modification to this Agreement.

(Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.)

Item Price Conditions for Acceptance

§ 4.3 Allowances, if any, included in the Contract Sum:

(Identify each allowance.)

Item Price

§ 4.4 Unit prices, if any:

(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

§ 4.5 Liquidated damages, if any:

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

(Insert terms and conditions for liquidated damages, if any.)

§ 4.6 Other:

(Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.)

ARTICLE 5 PAYMENTS

§ 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 5.1.3 Provided that the Architect-certifiedan Application for Payment is received by the Architect Owner not later than the « last » day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the « last » day of the « following » month, unless and to the extent the Owner disputes the propriety of the payment, the services performed, or the amount certified in good faith. The Owner shall have no obligation to pay the Contractor in the absence of the Owner’s receipt of an Architect-certified Application for Payment. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than « » ( « » ) days after the Architect receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor’s Applications for Payment. The Contractor's failure to provide a schedule of values, or to timely update it as Work progresses, shall be a substantial breach of this Agreement.

§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.

§ 5.1.6 In accordance with AIA Document A201™–2017, General Conditions of the Contract for Construction as modified by the Owner, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

§ 5.1.6.1 The amount of each progress payment shall first include:

.1 That portion of the Contract Sum properly allocable to completed Work;

.2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and

.3 That portion of Construction Change Directives that the Architect Owner determines, after advice and consent from the Architect in the Architect’s professional judgment, to be reasonably justified.

§ 5.1.6.2 The amount of each progress payment shall then be reduced by:

.1 The aggregate of any amounts previously paid by the Owner;

.2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017;

.3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay;

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

.4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, refuse to certify in the Certificate for Payment, or nullify a Certificate forof Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017;

and

.5 Any amount for which the Owner may withhold payment; and

.6 Retainage withheld pursuant to Section 5.1.7.

§ 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due:

(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.)

« Ten percent (10%) »

§ 5.1.7.1.1 The following items are not subject to retainage:

(Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.)

« Not applicable. All payments due Contractor are subject to retainage. »

§ 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows:

(If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.)

« Any reduction in the retainage of this Agreement shall be in the sole discretion of the Owner, and the Owner reserves the right to restore the retainage to its full contract amount in the event the Owner believes the retainage restoration is desirable. »

§ 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Final Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Final Completion shall not include retainage as follows:

(Insert any other conditions for release of retainage upon Substantial Completion.)

« Damages and expenses incurred by the Owner due to the Contractor’s negligence or its breach of this Agreement.

§ 5.1.8 The Owner may withhold amounts from any progress payment as a setoff or recoupment for damages or losses incurred due to the Contractor’s negligent acts or omissions or the Contractor’s failure to perform under the requirements of the Contract Documents. Such withheld amounts shall not constitute retainage.If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201–2017.

§ 5.1.9 Except with the Owner’s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site.

§ 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when

.1 the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017 as modified, and to satisfy other requirements, if any, which extend beyond final payment; and

.2 a final Certificate for Payment has been issued by the Architect.

§ 5.2.2 The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows:

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

§ 5.2.3 Amounts withheld from the final payment to cover any incomplete work are not considered retainage and shall not be paid to the Contractor until the work is actually completed and accepted. Such withholdings shall not be less than 150% of the estimated cost to complete the work.

§ 5.3 Interest Payments due and unpaid under the Contract shall bear no interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.

(Insert rate of interest agreed upon, if any.)

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017 as modified, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.)

§ 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017 as modified, the method of binding dispute resolution shall be as follows:

(Check the appropriate box.)

[ « » ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017

[ « X » ] Litigation in a court of competent jurisdiction

[ « » ] Other (Specify)

If the Owner and Contractor do not select a method of binding dispute resolution, or the Owner/Architect Agreement contains a method of binding dispute resolution that is different than the one provided in this Agreement, or the Owner and Contractor do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdictionthe method of binding dispute resolution provided in the Owner/Architect Agreement.

ARTICLE 7 TERMINATION OR SUSPENSION

§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201–2017 as modified.

§ 7.1.1 If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Contractor a termination fee as follows:

(Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner’s convenience.)

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017 as modified.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as modified by the Owner and as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 The Owner’s representative(s):

(Name, address, email address, and other information)

Tara Mager, 989.386.8653 Eric Johnson, 989.714.6640 Ken Chinavare, 989.387.5588 Clare-Gladwin Regional Education Service District 4041 E. Mannsiding Road Clare, Michigan 48617

§ 8.3 The Contractor’s representative:

(Name, address, email address, and other information)

§ 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed without ten days’ prior notice to the other party.

§ 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101™– 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bondsand bonds as set forth below, and elsewhere in the Contract Documents.

§ 8.5.2 Owner’s Insurance. The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insuranceThe Contractor shall provide bonds as set forth in AIA Document A101™–2017 Exhibit A, and elsewhere in the Contract Documents. Unless the obligation to purchase builder’s risk insurance is placed on the Contractor pursuant to another provision of the Contract Documents, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk “all-risks” completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees.

§ 8.5.2.1 The insurance required by Section 8.5.2 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. If provided by the Contractor, the insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows:

(Indicate below the cause of loss and any applicable sub-limit.)

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

Causes of Loss Sub-Limit

§ 8.5.2.2 The insurance required by Section 8.5.2 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The term “temporary structures”, as used in this section, shall not include job trailers for any party. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Contractor’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows:

(Indicate below type of coverage and any applicable sub-limit for specific required coverages.)

Coverage Sub-Limit

§ 8.5.2.3 The policy of insurance required by Section 8.5.2, if purchased by the Owner, will exclude any tools, equipment, scaffolding, glass breakage, etc. owned or rented by the Contractor or Subcontractors and material stored on the site but not incorporated into the Project. The Contractor shall be responsible for protecting all product until the Date of Substantial Completion is established by the Architect. The Contractor shall replace any Work if damaged before Substantial Completion. The Contractor may assume the risk itself or obtain insurance in amounts it deems sufficient. The Contractor shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless the parties agree otherwise in writing.

§ 8.5.2.4 Nothing in this Agreement or the Contract Documents shall be interpreted to require a waiver of subrogation that detrimentally affects Owner’s insurance coverage or provider, or to require the Owner to limit liability or waive claims of any kind. Any reference to such waivers of subrogation, liability limitations, or claim waivers shall be deemed null and void.

§ 8.5.3 Contractor Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Section 8.5.3 and its subparts at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the later of: (i) if an occurrence-based policy, two years after substantial completion, and (ii) if a claims-made policy, seven years after substantial completion. The certificates will show the Owner as an additional insured on the Contractor’s Commercial General Liability and excess or umbrella liability policy or policies.

§ 8.5.3.1 The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. The Contractor shall be responsible to pay for any such deductibles or self-insured retentions.

§ 8.5.3.2 To the fullest extent permitted by law, the Contractor shall cause the commercial general liability coverage to include (1) the Owner, the Construction Manager (as defined in the General Conditions), the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions for which loss occurs during completed operations.

The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. The additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s consultants, CG 20 32 07 04.

§ 8.5.3.3 The Contractor shall purchase and maintain all insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until six years following the Date of Substantial Completion.

§ 8.5.3.4 Commercial General Liability § 8.5.3.4.1 The contractor shall purchase and maintain Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than «One Million Dollars» ($ «1,000,000» ) each

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

occurrence, «Two Million Dollars » ($ «2,000,000 » ) general aggregate, and «Two Million Dollars » ($ «2,000,000 » ) aggregate for products-completed operations hazard, providing coverage for claims including

.1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person;

.2 personal injury and advertising injury;

.3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property;

.4 bodily injury or property damage arising out of completed operations; and

.5 contractual obligations, including the indemnity obligations under Section 3.18 of the General Conditions.

§ 8.5.3.4.2 The Contractor’s Commercial General Liability policy under this Section 8.5.3.4 shall not contain an exclusion or restriction of coverage for the following:

.1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim.

.2 Claims for property damage to the Contractor’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor.

.3 Claims for bodily injury other than to employees of the insured.

.4 Claims for indemnity under Section 3.18 of the General Conditions.

.5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language.

.6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language.

.7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project.

.8 Claims related to roofing, if the Work involves roofing.

.9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces.

.10 Claims related to earth subsidence or movement, where the Work involves such hazards.

.11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards.

.12 Claims related to contractual obligations.

§ 8.5.3.4.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than «Two Million Dollars » ($ «2,000,000 » ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage.

§ 8.5.3.4.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under this Agreement and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 8.5.3.5 Workers’ Compensation at statutory limits.

§ 8.5.3.6 Employers’ Liability with policy limits not less than « Two Million Dollars » ($ «2,000,000 » ) each accident, «Two Million Dollars » ($ «2,000,000 » ) each employee, and «Four Million Dollars» ($ «4,000,000 » ) policy limit.

§ 8.5.4 Contractor’s Other Insurance Coverage § 8.5.4.1 Insurance selected and described in this Section 8.5.4 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the State of Michigan. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below:

(If the Contractor is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.)

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

§ 8.5.4.2 The Contractor shall purchase and maintain the following types and limits of insurance in accordance with Section 8.5.4.1.

(Select the types of insurance the Contractor is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.)

[ « » ] § 8.5.4.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section 8.5.2, which, if selected in this Section 8.5.4.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance required by Section 8.5.2. The Contractor shall comply with all obligations of the Owner under Section 8.5.2 except to the extent provided below. The Contractor shall disclose to the Owner the amount of any deductible, and the Contractor shall be responsible for losses within the deductible. Upon request, the Contractor shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below:

(Where the Contractor’s obligation to provide property insurance differs from the Owner’s obligations as described under Section 8.5.2, indicate such differences in the space below.

Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.)

[ « » ] § 8.5.4.2.2 Railroad Protective Liability Insurance, with policy limits of not less than « » ($ « » ) per claim and « » ($ « » ) in the aggregate, for Work within fifty (50) feet of railroad property.

[ « » ] § 8.5.4.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than « » ($ « » ) per claim and « » ($ « » ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials.

[ « » ] § 8.5.4.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an “all-risks” completed value form.

[ « » ] § 8.5.4.2.5 Property insurance on an “all-risks” completed value form, covering property owned by the Contractor and used on the Project, including scaffolding and other equipment.

[ « X » ] § 8.5.4.2.6 Other Insurance – See General Conditions

(List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits

§ 8.5.5 Performance Bond and Payment Bond The Contractor shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the State of Michigan, as follows:

Type Penal Sum Payment Bond 100% of the Contract Sum Performance Bond 100% of the Contract Sum

Unless otherwise provided in the Contract Documents, Payment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, except that any limitations period for filing Performance Bond

AIA Document A101™ – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 08:41:19 on 09/13/2017 under Order No. 0673122117 which expires on 02/10/2018, and is not for resale.

claims shall be no less than seven (7) years following substantial completion. Further, except for the penal sum identified above, the performance and payment bonds shall comply with all requirements of MCL 129.201, et seq.

§ 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below:

(If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.)

§ 8.7 Other provisions:

«§ 8.7.1 In the event of mediation or dispute hearing, including litigation or arbitration, arising out of or relating to this Agreement, the Owner reserves the right to require that it be conducted in the general area where the Owner’s principal place of business or…