Shelby Middle School Project Design and Bid Specifications (1) (1).pdf

INVITATION TO BID

Date: February 13, 2025

To: Abatement Contractors

From: Otwell Mawby, P.C., James Jackson, Environmental Professional on behalf of

Shelby Public Schools, C/o: Mr. Mark Olmstead

Subject: Request for Bids, Shelby Public Schools, Shelby Middle School Building

525 N. State St., Shelby, MI 49455

Asbestos Abatement

On behalf of Shelby Public Schools (Owner), Otwell Mawby, P.C. invites a bid from your firm for abatement of asbestos containing materials at the Shelby Middle School Building, located at 525 N. State Street in Shelby, Michigan, as detailed in the attached specifications.

Attached to this letter is a Request for Bid, Bid Form, Project Specifications/ Project Design, Sample Contract and additional materials to provide your firm with sufficient information to prepare and submit a bid for potential contract award.

The Owner reserves the right to consider proposals or modifications received at any time before the award is made, if such action is in the best interest of the Owner. The Owner also reserves the right to reject any and all bids received as a result of this request, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interests of the Owner. The Owner does not intend to award a contract solely on the basis of any response made to this request or otherwise pay for the information solicited or obtained.

Bid bonds or a cashier’s check shall accompany each bid made payable to the Owner in an amount not less than five percent (5%) of the base bid as a guarantee. The project will also require a Labor and Material Payment Bond from the successful bidder for one hundred percent (100%) of the Base Bid amount.

A MANDATORY pre-bid meeting will be held at 4:00 p.m. EST on Thursday, February 20, 2025 at the Shelby

Public Schools, Shelby Middle School Building, located at 525 N. State Street in Shelby, Michigan. Attendees are requested to meet at the main entrance to the building. Questions are being accepted until 12:00 pm EST on

Thursday, February 27, 2025. The completed Bid Form and attachments will be required to be submitted in hard copy format no later than 12:00 p.m. EST on Thursday, March 6, 2025. The completed Bid Form and attachments must be submitted in a sealed envelope with a complete electronic copy in pdf format to:

Questions to: Bid Submittal to:

Otwell Mawby, P.C. Shelby Public Schools

C/o: James Jackson C/o: Mr. Mark Olmstead

309 East Front Street, Traverse City, MI 49684 525 N. State Street

231-946-5200, jjackson@otwellmawby.com Shelby, MI 49455 olmsm@shelby.k12.mi.us

Attachments:

Bid Form

Familial Relationship Disclosure Statement

Iran Business Relationship Affidavit

Sample Contract

Project Specifications/ Project Design

Asbestos Inspection Report (December 3, 2024)

Supplemental Asbestos Bulk Sampling Report (1/23/25)

Demolition vs. Abatement Coordination Plan (1/25/25)

Abatement Phasing Plan (1/10/25)

OTWELL MAWBY, P.C.

CONSULTING ENGINEERS

309 East Front Street

Traverse City, Michigan 49684

231.946.5200

Fax: 231.946.5216

CONTRACTOR’S PRICE SHEET/BID PROPOSAL FORM

SHELBY PUBLIC SCHOOLS

SHELBY MIDDLE SCHOOL BUILDING

ASBESTOS ABATEMENT

Project: Asbestos Abatement

Shelby Public Schools Shelby Middle School Building 525 North State Street, Shelby, Michigan 49455

Deadline for Receipt of Bids/ Proposals: Thursday, February 20, 2025, 12:00 PM

EDT

Submission and Receipt of Proposal: In order to receive consideration, the proposal must be received prior to the deadline above. No proposals will be accepted after the time specified as the deadline for receipt of proposals. Shelby Public Schools reserves the right to postpone the proposal deadline for its own convenience. Proposals shall be mailed in a hard copy format, in a sealed envelope, with a complete electronic copy in pdf format, inclusive of all required bidding documents to:

Bid Submittal to:

Shelby Public Schools C/o: Mr. Mark Olmstead 525 N State St Shelby, MI 49455 Email: olmsm@shelby.k12.mi.us

From Bidder/Contractor:

Firm Name: ____________________________________________________________

Address: _______________________________________________________________

City, State, ZIP: _________________________________________________________

Phone: ______________________ Fax: _____________________

Cell: ______________________ Email: _____________________

The undersigned (BIDDER/CONTRACTOR), having familiarized itself with all location conditions to be encountered affecting the cost of the Work and having examined the contract documents, does hereby propose to perform all services required to be performed and to furnish all of the labor, materials, tools, equipment, and services necessary to complete the contract work required in connection with this project and include all money allowance as called for in the specifications.

BASE BID

The undersigned hereby proposes to conduct asbestos abatement as called for in the specifications for the Project for the lump sum of

(amount in words) (amount in figures)

Due: Thursday, February 20, 2025, 12:00 PM Shelby Public Schools Bid Proposal Form Shelby Middle School Building Asbestos Abatement 525 North State Street, Shelby, Michigan

Item No. Description Total

1 Mobilization and Administration

Asbestos Abatement in the ESD Office, Library Office, Library A, Library B, Health Office, Main Office, Staff Lounge, Room 603, 604, 605, 606, 701, 703, 704, 705, 706, 707, 710, 801, 803, 804, and 805 to Include:

8,825-ft² of 9” Floor Tile 135-ft² of Countertops (12-Countertops) 11-ft² of Window Glazing (22-Windows) 1,258-ft² of 12” Floor Tile 6-ft² of Sink Undercoating (1-Sink) 3,882-ft² of Carpet Mastic

3 Demobilization and Project Closeout

TOTAL

ADDITIONAL WORK

Completion of abatement of identified asbestos containing materials in the event additional quantities are identified during abatement (Bid Item #2). The unit rate for abatement completion is as follows:

Cost Per Mudded Fitting for Abatement $_________________________

Cost Per Linear Foot of Pipe Insulation for Abatement $_________________________

Cost Per Square Foot of Floor Tile for Abatement $_________________________

Cost Per Square Foot of Mastic for Abatement $_________________________

Cost Per Square Foot of Drywall for Abatement $________________________

BID ALTERNATE #1

Item No. Description Total

Abatement of 2,225-ft² of Trace Asbestos Drywall Within the 7th & 8th Grade Hallway

BID ALTERNATE #2

Item No. Description Total

Completion of any of the described work activities on a Saturday, to be consecutive to the above work completion dates, with onsite work times limited to 7:00 am to 5:00 pm, Eastern Standard time. The bid total is to be a daily rate for the same workforce size scheduled for the remaining work scope noted above.

Bid Proposal Form Shelby Middle School Building Asbestos Abatement 525 North State Street, Shelby, Michigan

DEDUCT

No deducts are anticipated at this time.

SPECIAL TERMS AND CONDITIONS

The undersigned has attached all special terms and conditions which would be contingent upon entering into a contract.

BID BOND

Accompanying this Bid is a Bid Bond made payable to the Owner in an amount not less than five percent (5%) of the Base Bid amount as a guarantee. The project will also require a Labor and Material Payment Bond from the successful bidder for one hundred percent (100%) of the Base Bid amount.

PROOF OF BONDABILITY

Accompanying this Bid is a letter from Surety, licensed to do business in the State of Michigan, stating that Bidder is able to obtain Performance Bonds, and Labor and Material Payment Bonds, for one hundred percent (100%) of the Base Bid amount.

BONDING COST

At the OWNER’s option, Bonds will be furnished at an increase to the Base Bid sum as follows:

A. Bid Payment Bond Add ($_________________________)

B. Labor and Material Payment Bond Add ($_________________________)

ACKNOWLEDGMENTS

The undersigned acknowledges that: The Bidder/Contractor has received the Bid Form, the Bid Request, and Specifications, and further acknowledges that the Bidder/Contractor has received the following addenda issued thereto and has incorporated their provisions in the bid:

Addendum No. ______ Dated __________

Addendum No. ______ Dated __________

The bid documents have been read and carefully examined; the Bidder/Contractor fully understands and has correlated its observations with the requirements of the bidding documents.

The Bidder/Contractor has reviewed the draft Contract Agreement and is willing to execute the draft Contract Agreement as written; or if not willing to execute the agreement as written, has attached to its Bid requested changes to the Contract Agreement.

The Bidder/Contractor has visited the site, has familiarized itself with the local conditions under which the work is to be performed and has correlated its observations with the requirements of the proposed contract documents.

The bid is based upon the materials, systems, and equipment required by the bid documents and any exceptions have been fully explained.

Bid Proposal Form Shelby Middle School Building Asbestos Abatement 525 North State Street, Shelby, Michigan

The Bid Form has not been altered in any way, except to provide requested information in the spaces provided.

FEES FOR HANDLING ADDITIONAL WORK

For additional work to be performed, upon instruction of the Owner, by the undersigned or subcontractors of the undersigned, the undersigned agrees to add to the subcontractor's sums for such additional work, a fee of _________ percent (_________%), which fee includes all the charges of the undersigned for overhead and profit.

The undersigned agrees that each proposal covering extra work shall be accompanied with complete itemized material and labor breakdown.

For all revisions involving the deletion (after award) of contract work, the undersigned agrees that full credit for material and labor costs shall be given the Owner for such deleted work. The undersigned further agrees that any credit will include any factor reflecting undersigned's overhead or profit.

NEGOTIATION

The undersigned agrees that should the overall costs of this project exceed the funds available, after designation as the successful Bidder/Contractor, the Bidder/Contractor will be willing to negotiate with the Owner for the purpose of making reductions in the contract work. The contractor shall agree to give full credit for all such deductions in the work requested by the Owner, including full value for labor, material and subcontract work, and reasonable proportionate reductions in overhead and profit, thereby arriving at an agreed upon contract price.

CONTRACT PERIOD

If awarded the contract, the undersigned agrees that the contract period will begin upon authorization of by the Owner, with execution of the project activities commencing no earlier than June 11, 2025 and completion of the onsite activities no later than June 25, 2025, unless adjusted by contract modification. The contract period may be adjusted, but the Contractor will be obligated to meet the timeframe for Contractor performance provided in the Specifications.

Bid Proposal Form Shelby Middle School Building Asbestos Abatement 525 North State Street, Shelby, Michigan

PROPOSED SUBCONTRACTORS AND SUPPLIERS

The undersigned submits the "Subcontractors Listing" below, listing proposed subcontractors for any portions of the work to be subcontracted and the amounts of their sub-bids.

Proposed Subcontractor ________________________________________

(amount in words) (amount in figures)

Proposed Subcontractor ________________________________________

(amount in words) (amount in figures)

Proposed Subcontractor ________________________________________

(amount in words) (amount in figures)

The undersigned agrees to be responsible for the work, materials, equipment, and supplies furnished by each subcontractor.

Waivers of lien will be required from all subcontractors, if applicable, at the time of final bill submission.

PRIOR PROJECT CONTACTS

The following are project contacts for the most recent three similar projects:

Name: Phone:

Company: Email:

Name: Phone:

Company: Email:

Name: Phone:

Company: Email:

AGREEMENTS

In submitting this bid, the undersigned agrees:

1. To hold its bid open for 60 consecutive calendar days from the bid due date.

Bid Proposal Form Shelby Middle School Building Asbestos Abatement 525 North State Street, Shelby, Michigan

2. To enter into and execute a contract with the Owner, if awarded on the basis of this bid, and to furnish required submittals within two (2) days of notification of selection of contract for the work.

3. To perform the work in accord with the proposed contract documents and to perform said work within the time period stipulated in the bid.

LEGAL STATUS AND SIGNATURE OF BIDDER

1. Check appropriate section and complete information.

____Corporation or Limited Liability Company, incorporated or organized under the laws of the State of ____________

_____Partnership

Names and Address of all shareholders, members or partners, as applicable

NAME ADDRESS

_____Sole Proprietorship, doing business as ____________________

2. Complete all information below.

Authorized Negotiator

Name _______________________________

Title _______________________________

Federal ID #_______________

License # _______________ Type ______________ (if applicable)

Bidder/Contractor

By Title

Signed this __________ day of _________________, 2025.

Company Date

Familial Relationship Disclosure Statement

Important: This disclosure must be included with your bid as required by state law.

As required by Public Act 232 of 2004, all bids shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the Shelby Public Schools Board of Education or the Superintendent of Schools. The Board of Education shall not accept a bid that does not include this sworn and notarized disclosure statement.

The undersigned, the owner or authorized officer of:

____________________________________________ (the “Bidder”), pursuant to the familial disclosure requirement provided in the Shelby Public Schools invitation to bid, hereby represent and warrant, except as provided below, that no familial relationships exist between the owner(s) or any employee of the company and any member of the Shelby Public Schools Board of Education or the Superintendent of Schools. If such a relationship exists, please explain: (Listing of names follows or “None” of no such relationship exists.)

By: ______________________________________ (Bidder’s Signature)

Name: ______________________________________ (Type or Print)

Date: ______________________________________

Subscribed and Sworn to Before Me:

This _______ day of ___________________, ________ A.D., in and for the County of

__________________________, State of _____________________.

My commission expires ___________________________________________.

Signature of Notary

Iran Business Relationship Affidavit

Important: This disclosure must be included with your bid as required by state law.

Effective April 1, 2013 all bids, proposals, and/or qualification statements received in the State of Michigan must comply with the “Iran Economic Sanctions Act”. The following certification is to be signed and included at the time of submission.

Certification

Pursuant to the Michigan Iran Economic Sanctions Act, 2012 P.A. 517, by submitting a bid, proposal or response, Respondent certifies, under civil penalty for false certification, that it is fully eligible to do so under law and that it is not an “Iran linked business” as the term is defined in the Act.

Signature Title

Company Date

Subscribed and Sworn to Before Me:

This _______ day of ___________________, ________ A.D., in and for the County of

__________________________, State of _____________________.

My commission expires ___________________________________________.

Signature of Notary

February 2025 page 1 of 11

CONTRACT AGREEMENT

THIS AGREEMENT, effective this ______ day of _____ 2025, entered into by and between

Shelby Public Schools, located at 525 North State Street, Shelby, Michigan 49455 (hereinafter referred to as the “OWNER”), and ___________________, a Michigan Corporation with offices located at

_________________ (hereinafter referred to as the “CONTRACTOR”). OWNER and/or CONTRACTOR are sometimes referred to herein as a “Party” or the “Parties.”

WITNESS THAT:

WHEREAS the OWNER wishes to retain the CONTRACTOR to perform work required by the OWNER and, WHEREAS, the CONTRACTOR is willing to undertake the performance of such work in accordance with the terms and conditions hereinafter set forth, NOW THEREFORE the parties hereby agree as follows:

ARTICLE 1 - THE WORK

1.1 The CONTRACTOR shall provide all labor, materials, tools, equipment, machinery, and other items and services necessary to properly perform the work as set forth in the attached Project Specifications/ Project Design, Request for Bids for asbestos abatement, which represents the Statement of Work, (hereinafter referred to as the “Work”), at the location or locations specified therein.

1.2 The Work shall be carried out in accordance with this Agreement in a diligent, on time and workmanlike manner utilizing qualified personnel and good and sufficient materials and equipment.

ARTICLE 2 - CONTRACT DOCUMENTS

2.1 Documents: The documents listed in Sections 2.2.1 through 2.2.3 together with Appendix A and any modifications issued in accordance with Article 11 of this Agreement constitute the “Statement of Work” (Work), are “Contract Documents,” and are herein incorporated as an integral part of this Agreement. Where the CONTRACTOR’s Proposal is attached as part of the Statement of Work, it is attached for a description of the work and detailed information concerning the cost of the Work as set forth in Article 4.1 of this Agreement only. Any terms and conditions set forth in the CONTRACTOR’s Proposal which vary or contradict this Agreement are void. Any terms or conditions on any forms subsequently used by either party in the administration of this Agreement are, at the discretion of the OWNER, voidable and shall not act to supplement or replace the terms or conditions of this Agreement unless such terms or conditions are specifically approved in a writing signed by OWNER’s chief executive officer and such writing is signed and dated subsequent to the effective date of this Agreement.

February 2025 Page 2 of 11

2.2 Precedence: In the event of any conflict or inconsistency between any of the Contract

Documents and the primary text of this Agreement, the following order of precedence shall prevail:

2.2.1 The primary text of this Agreement;

2.2.2 Appendix A – Request for Bids, Shelby Public Schools, Shelby Middle School

Building, 525 North State Street, Shelby, Michigan, Asbestos Abatement, dated, February 13, 2025;

2.2.3 Appendix B – ______________ Bid, dated _________, 2025.

ARTICLE 3 - CONTRACT TIME

3.1 Schedule: The CONTRACTOR shall accomplish the work called for in the Statement of

Work. Work shall begin not earlier than the effective date of this Agreement. Access to complete onsite activities cannot commence prior to June 11, 2025 or owner authorization, unless adjusted by a modification or terminated as provided herein. All Work shall be fully completed no later than June 25, 2025, unless adjusted by modification. Onsite activities must be completed in coordination with the OWNER.

3.2 Delays: Neither Party shall be liable to the other for delays or failure to perform caused by circumstances beyond that Party’s control, and without that Party’s fault or neglect, including but not limited to, acts of God, fire, flood, war, sabotage, accident, labor dispute, shortage, government action including regulatory requirements, changed conditions, delays resulting from actions or failure to act of OWNER, site inaccessibility, or inability of others to obtain material, labor, equipment, or transportation, provided, and only to the extent, such delays are not the result of the fault or neglect of the party claiming relief under this Article 3.2. Should any of the above occur, then the date for Completion or any other milestone date shall be adjusted for such delay in accordance with Article 11, provided where the CONTRACTOR is claiming delay, the CONTRACTOR reports the delay and the detailed facts and reasons therefor to the OWNER within a reasonable time after CONTRACTOR discovered or should have discovered the facts giving rise to the delay.

ARTICLE 4 - CONTRACT PRICE

4.1 Consideration: In consideration for undertaking this Work, the OWNER shall pay to the

CONTRACTOR the sum of $ , in payments as determined allowable by the OWNER in accordance with the payment provisions of the Contract Documents. Additional work, if required and authorized, will be performed at a lump sum price agreed upon in an advanced writing signed by the chief executive officer of the OWNER and an authorized agent of CONTRACTOR.

ARTICLE 5 - PAYMENT PROVISIONS

5.1 Payment: Payment will be made for services received and accepted in accordance with the terms and conditions of this Agreement. The CONTRACTOR will be paid in one sum at the completion of the Work, as determined by the OWNER’s project manager, and receipt and approval of an invoice detailing the Work. One hundred percent of the contract price for the Work completed and accepted may be paid, subject to the limitations of the General Conditions or Modifications to General Conditions. Payment to the CONTRACTOR will be made within 60 days after the receipt of the invoice for the Work and approval by the project manager.

February 2025 Page 3 of 11

No extra payment will be made to the CONTRACTOR for any expenses or delays caused by revision of inadequate submittals, lack of progress, defective workmanship, or rescheduling of work by other contractors, subcontractors, or equipment and material suppliers. Additional costs caused by ill-timed or defective work, or work not conforming to Contract Documents, shall be incurred solely by the CONTRACTOR.

The Invoice shall be prepared and submitted to the OWNER in the manner and format specified in Article 5.3 and other applicable provisions of the Contract Documents.

5.2 Retention: OWNER may retain from payments due the CONTRACTOR an amount OWNER deems sufficient to cover any claim or potential claim from a third party related to the CONTRACTOR’s performance under this Agreement.

5.3 Invoicing Instructions: The CONTRACTOR will submit invoices that clearly indicate the name and address of the CONTRACTOR, the invoice date, Contract number, name and address of CONTRACTOR official to whom payment is to be sent, description of services performed and costs related thereto completed under this Agreement. Each copy of the invoice shall contain the following certification signed by an appropriate person of CONTRACTOR's organization:

"I certify that all expenditures reported (or payments requested) are for appropriate purposes;

are correct and just in accordance with the terms of the Agreement and that payment has not been received." Invoices shall be submitted to the OWNER in duplicate with a Waiver and

Release Upon Progress Payment from each sub-tier CONTRACTOR and materialman for whom payment is being sought. If the Waiver and Release provided is conditional, OWNER reserves the right to pay the Sub-tier CONTRACTOR directly or pay

CONTRACTOR with a two-party check. Invoices shall be addressed as follows:

Invoices to: Shelby Public Schools (the “Owner”) C/o: Mr. Mark Olmstead 525 N State St Shelby, MI 49455 olmsm@shelby.k12.mi.us

With a duplicate copy to:

James Jackson, Environmental Professional Otwell Mawby, P.C. (the “CONSULTANT”) 309 E. Front Street Traverse City, Michigan 49684 jjackson@otwellmawby.com

5.5 Final Invoice: With the request for final payment, the CONTRACTOR shall furnish satisfactory proof that all outstanding bills incurred by CONTRACTOR for materials and labor furnished under this Agreement have been paid and provide a legally effective Waiver and Release Upon Final Payment from CONTRACTOR and each sub-tier

CONTRACTOR and materialman utilized on the Work. If the Waiver and Release provided is conditional, OWNER reserves the right to pay the Sub-tier CONTRACTOR directly or pay CONTRACTOR with a two-party check. Notwithstanding any other provision in this Agreement to the contrary, CONTRACTOR is required to submit the final invoice under this Agreement not later than forty-five (45) days after completion of the

Work. Any invoices received after that time will not be paid by the OWNER. No new claims for additional compensation will be considered after submittal of the final invoice.

February 2025 Page 4 of 11

5.6 Back Charges: Any amounts paid by the OWNER which the CONTRACTOR is obligated to pay pursuant to this Agreement or otherwise will be promptly reimbursed to OWNER by the CONTRACTOR together with (i) attorney's fees, if any, and (ii) annual interest at 15%, if allowed by law, otherwise at the highest rate allowed by law. If not reimbursed, OWNER may deduct such amount (with attorney's fees and interest as above provided) from any amounts then or thereafter due CONTRACTOR under this or other Agreement with the CONTRACTOR. These rights of reimbursement and deduction are in addition to OWNER's right to indemnity pursuant to Article 8, and any other right pursuant to law.

ARTICLE 6 - AVAILABILITY OF LANDS

6.1 OWNER Furnished Lands: The OWNER will furnish the lands upon which the Work is to be performed, rights-of-way for access thereto and lands designated for temporary use during construction. Easements, if required for permanent structures or permanent changes in existing facilities, will be provided by the OWNER. The OWNER will allocate the land provided by the OWNER for temporary use during construction by CONTRACTOR. The OWNER will provide access approval from lands not owned by or under the control of the OWNER to conduct the necessary work.

6.2 CONTRACTOR Furnished Lands: The CONTRACTOR will be responsible to provide at its cost any temporary lands, easements, or access not provided by the OWNER, that the CONTRACTOR may deem necessary to carry out the Work.

ARTICLE 7 - RISK ALLOCATION

7.1 Insurance: The CONTRACTOR shall indemnify, defend and save OWNER harmless from and against any cost, liability or expense, including actual reasonable attorney fees and expenses resulting from any fault or neglect by CONTRACTOR, which arise under or in connection with the CONTRACTOR’s obligations pursuant to this Agreement, but not if OWNER is the sole negligent or at fault party. The CONTRACTOR shall purchase and maintain through the course of the Work such insurance as will protect the CONTRACTOR and OWNER (who shall be a named insured under the policy or policies of CONTRACTOR) from all claims which may arise out of or result from operations hereunder (whether by the CONTRACTOR itself, any sub-contractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable), including, without limitation:

claims under Worker's Compensation; disability benefit and other similar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease, or death, of its employees or any other person; claims for damages which are sustained by any person as a result of the actions of the CONTRACTOR; claims for violation or infringement of Intellectual Property Rights; and claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.

7.1.1 Coverage: Minimum insurance requirements are:

7.1.1.1 COMPREHENSIVE GENERAL LIABILITY. CONTRACTOR shall

provide certificates of insurance to the OWNER which prove the foregoing coverages for not less than $1,000,000 per occurrence for Comprehensive General Liability and Property Damage. The Comprehensive General Liability and Property Damage certificate shall name the OWNER and CONSULTANT, and its officers, employees, agents and representatives as additionally insured, without exceptions, and shall carry a thirty (30) day

February 2025 Page 5 of 11 written Notice of Cancellation to OWNER. The insurance must cover the work activities to be completed.

7.1.1.2 AUTOMOBILE LIABILITY. CONTRACTOR shall obtain and provide the

OWNER with proof of Automobile Liability Insurance naming the OWNER and CONSULTANT as additional insured, which includes coverage that complies with the requirements of the Michigan No-Fault Law, coverage for owned, hired, and non-owned vehicles; and residual liability coverage with a combined single limit of at least $1,000,000 per occurrence for both Bodily Injury and Property Damage.

7.1.1.3 WORKERS’ COMPENSATION. CONTRACTOR shall carry and provide OWNER with proof of Workers’ Compensation Insurance in compliance with Michigan Law.

7.1.1.4 POLLUTION LIABILITY: CONTRACTOR shall carry and provide the

OWNER and the CONSULTANT with proof of pollution liability insurance in the amount of not less than $1,000,000 per occurrence. Both the OWNER and the CONSULTANT, and their officers, employees, agents and representatives shall be named as additionally insured, without exceptions, and shall carry a thirty (30) day written Notice of Cancellation.

7.1.2 Certificates: Prior to beginning Work, Certificates of insurance shall be furnished by the CONTRACTOR evidencing that the coverage is in effect and will continue to be in effect throughout the performance of the Work and will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the OWNER. The insurance coverage at 7.1.1.1 through 7.1.1.4 above shall name OWNER, its employees, officers, and directors as additional insured with respect to the Work to be provided under this Agreement. The insurance provided by CONTRACTOR is primary with respect to the interests of the OWNER and any other insurance acquired or maintained by them. OWNER's insurance shall be excess and non-contributory.

7.1.3 Sub-tier Contractors: The CONTRACTOR agrees to flow down these insurance requirements to all Sub-tier Subcontractors and contractors that provide any services or work.

7.2 Indemnification: The CONTRACTOR shall defend, indemnify, and hold harmless the

OWNER, and its agents, officers, directors, and employees from and against any and all claims, liability, losses, cost or expenses, including attorney's fees, arising out of the acts, errors or omissions of the CONTRACTOR, its officers, agents, employees, Sub-tier contractors, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. This indemnification obligation shall not be limited in any way by required, actual, or available insurance coverage.

7.3 Intellectual Property Rights: The CONTRACTOR warrants that it is not aware of any copyright, patent, trademark, trade secret, or other proprietary right that it might infringe upon in providing the work required under this Agreement. The CONTRACTOR shall indemnify and save the OWNER harmless from any and all claims, suits, liability, expense or damages for any alleged or actual infringement of any copyright, patent, trademark, trade secret or other proprietary right arising in connection with the work provided by the CONTRACTOR under this agreement.

February 2025 Page 6 of 11

7.4 Time of Essence: OWNER and CONTRACTOR recognize that time is of the essence with respect to the performance of this Agreement and there is potential for financial loss by OWNER in the event that the CONTRACTOR fails to complete the Work within the time specified in article 3.1. Therefore, CONTRACTOR agrees to pay OWNER for all expenses arising from the failure to complete the work within the time allocated including, but not limited to, additional OWNER expenses for engineering services, technical services, inspection, and administration costs; additional costs to other contractors or consultants caused by the delay and charges from the OWNER, including any liquidated damages for which the OWNER may be liable resulting from CONTRACTOR’s failure to complete the Work as provided herein and/or breach of this Agreement.

7.5 Liquidated Damages: Because the Parties agree that computation of pecuniary damages to

OWNER in the event of a breach or default by CONTRACTOR may be difficult or impracticable to ascertain, the OWNER shall have the right, at its election, to receive liquidated damages in the amount of $500.00 per calendar day for CONTRACTOR’s failure to comply with the conditions of award, including failure to complete the Work within the time specified in this Agreement. This sum may be deducted from the CONTRACTOR’s payment for labor or materials otherwise due, and without limiting any other rights of OWNER as provided by law to collect damages. No premium will be awarded to the CONTRACTOR for delivery/performance in advance of the specified time.

ARTICLE 8 – CONTRACTOR’S RESPONSIBILITIES

8.1 Employees of the CONTRACTOR: The CONTRACTOR shall be subject to and operate under all applicable Federal and State laws regarding employers’ liability, worker's compensation, Federal social security, and unemployment compensation insurance; and the CONTRACTOR expressly agrees that it is an independent CONTRACTOR and its employees engaged in the Work are not and shall not be treated or considered employees of the OWNER.

8.2 Safety: In performing the Work, the CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and lawful authorities or any public authority having jurisdiction for the safety of persons or property and protect the same from damage, injury, or loss. The CONTRACTOR shall take all reasonable precautions to prevent damage, injury, or loss to all persons performing services hereunder, the Work, all materials and equipment utilized therein, and all other property at the site of the Work and adjacent thereto. The CONTRACTOR shall erect and maintain, as required by existing conditions and progress of Work, all reasonable safeguards for safety and protection of persons and property, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying appropriate OWNER personnel on-site as well as adjacent property owners. Any lost-time injuries or accidents involving significant property damage will be reported to OWNER immediately.

8.3 Proprietary Information: The CONTRACTOR shall not directly or indirectly or through its employees disclose to any third person or use for the benefit of anyone other than the OWNER, either during or after the term of this Agreement or afterwards, any secret, confidential or proprietary information of the OWNER, whether relating to the Work performed hereunder or to the business and affairs of the OWNER. Such information shall include, without limitation, OWNER manuals, forms, or procedures. Disclosure shall not be made without the prior written consent of the OWNER unless disclosure is required by law, in which case notification of the request for such information shall be provided to the OWNER promptly and in any event at least 5 days prior to release. Information provided to OWNER by the CONTRACTOR and identified in writing as confidential and/or proprietary shall be similarly treated by the

OWNER.

February 2025 Page 7 of 11

8.4 Publications: The CONTRACTOR shall not publish or publicly disseminate any information or data derived or obtained from or in connection with any services rendered hereunder, without the prior written consent of the OWNER’s chief executive officer.

8.5 Technical Data: All evaluations, reports, records, and other work product produced by the

CONTRACTOR pursuant to this Agreement shall be considered proprietary technical data belonging to the OWNER, all of which is hereby assigned to OWNER, and shall be subject to the provisions of Article 7.3.

8.6 Permits and Licenses: Except as specifically otherwise provided by the Contract Documents, the CONTRACTOR has or will have, prior to the commencement of any Work, all necessary business and professional licenses, permits, and other necessary Federal, State, County, Municipal, or other licenses as may be required to enable the CONTRACTOR to perform the services required hereunder. All fees for securing the permits and licenses shall be paid by the Contractor.

8.7 Michigan Right-To-Know: CONTRACTOR and all sub-tier contractors must conform to the provisions of the Michigan Right-to-Know Law, 1986 PA 80, which requires employers to: 1) develop a communication program devised to safeguard the handling of hazardous chemicals through labeling of chemical containers and development and availability of Safety Data Sheets; 2) provide training for employees who work with these chemicals; and 3) develop a written hazard communications program.

ARTICLE 9 - WORK BY OTHERS

9.1 Cooperation: CONTRACTOR will cooperate with OWNER and CONSULTANT personnel and contractors who may be working on the site. Particular attention should be paid to such matters as safety, use and disruption of utilities, the allocation of storage and workspace, parking, security, and general policing of the work site.

ARTICLE 10. – OWNERS RESPONSIBILITIES AND AUTHORITY

10.1. Inspection: The OWNER, through any authorized representatives, shall have the right, but not the obligation, at all reasonable times to inspect or otherwise evaluate the quality or any other aspect of the Work performed or the safety measures employed in the work being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the OWNER on the premises of the CONTRACTOR or a Sub-tier contractor, the CONTRACTOR shall provide, and shall require his Sub-tier contractors to provide, all reasonable facilities and assistance for the safety and convenience of the OWNER representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unnecessarily delay the Work.

CONTRACTOR will, upon written notice from CONSULTANT, suspend, delay, or interrupt all or a part of the performance of the Work to the extent directed. In such event, CONTRACTOR will resume work upon the suspended activities only upon written notice from the CONSULTANT. Where appropriate, an extension of the Contract Time and/or Contract Price will be established as specified in Article 12.

February 2025 Page 8 of 11

ARTICLE 11 - CHANGES AND CLAIMS

11.1 Change Authorizations: OWNER may unilaterally, by written order of the OWNER’s contract administrator, make changes, revisions, additions, or deletions (collectively hereinafter called "changes") in the Work within the general scope of services provided by the CONTRACTOR. If any change causes an increase or decrease in the CONTRACTOR’s cost or time for the performance of any part of the Work, whether or not changed by such change authorization, the OWNER shall make an equitable adjustment in the Contract Time and/or Contract Price by Change Order.

11.2 Potential Changes: CONTRACTOR will, upon knowledge of any potential changes

(including actions, in-actions, and written or oral communications) that do not conform to the authorized method of directing changes specified above, notify OWNER within 5 working days of such changes and request written disposition.

11.3 Changes in Writing: CONTRACTOR will not proceed with any changes unless notified to proceed in writing by the OWNER’s contract administrator.

11.4 Changes Mandatory: Nothing herein will be construed as relieving CONTRACTOR of its obligations to perform the Work, including without limitation, the failure of the parties to agree upon CONTRACTOR entitlement to, or the amount of, any adjustment in time or compensation. If the Work is reduced by changes, such action will not be the basis for a claim based on loss of anticipated profits.

11.5 Claims: Any claim by CONTRACTOR for an adjustment under this paragraph must be asserted in writing fully supported by factual information to OWNER within 30 days from the date of receipt by CONTRACTOR of the written change authorization from OWNER or within such extension of that 30-day period as OWNER, in its sole discretion, may grant in writing at CONTRACTOR's request prior to expiration of said period.

ARTICLE 12 - WARRANTY AND GUARANTEE

12.1 Responsibility of the CONTRACTOR, Services: The CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of all material produced and other services furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct, or revise any errors or deficiencies in the Work or services provided, which are discovered within twelve months of Final Completion of the Work. If such deficiencies are not corrected in a timely manner, the OWNER may, without limitation of its other rights, cause the same to be corrected and deduct or recover such corrective action costs incurred from monies otherwise due or paid to CONTRACTOR. CONTRACTOR shall be liable for any such excess costs and shall reimburse OWNER within 30 days of receipt of invoice. This warranty and corrective action shall be in addition to any warranty or guarantee specified elsewhere in this Agreement and shall not limit the application of any other warranty or remedy available under law.

12.2 Responsibility of CONTRACTOR, Equipment and Supplies: CONTRACTOR warrants that all goods, supplies, and equipment procured or furnished under this Agreement shall be merchantable, free from defects in material and workmanship, and shall conform to applicable specifications and drawings. If CONTRACTOR is responsible for the design of the product or item according to performance specifications established by the OWNER warrants that all products or items so furnished shall be free from defect in design and shall be fit and sufficient for the purpose intended. OWNER’s approval of the design furnished by the CONTRACTOR does not relieve the CONTRACTOR of its obligations under this warranty.

February 2025 Page 9 of 11

ARTICLE 13 - SUSPENSION AND TERMINATION

13.1 Suspension of Work: CONTRACTOR will, upon written notice from CONSULTANT, suspend, delay, or interrupt all or a part of the performance of the Work to the extent directed.

In such event, CONTRACTOR will resume work upon the suspended activities only upon written notice from the CONSULTANT. Where appropriate, an extension of the Contract Time and/or Contract Price will be established as specified in Article 12.

13.2 Termination:

13.2.1 Termination for Convenience: All or part of this Agreement may be terminated by OWNER for its convenience. In such event, CONTRACTOR will be entitled to compensation for services competently performed up to the date of termination and reasonable termination expenses as determined in the discretion of the OWNER.

CONTRACTOR will not be entitled to compensation or profit on services not performed.

13.2.2 Termination for Default:

(1) OWNER may, by written notice to the CONTRACTOR and the Surety if any, terminate the whole or any part of the Agreement for default in the event that CONTRACTOR fails to perform any of the provisions of this Agreement, or fails to make progress so as to endanger performance of the Agreement in accordance with its terms, or, in the opinion of OWNER, becomes financially or legally incapable of completing the work and does not correct such to OWNER's reasonable satisfaction within a period of 24 hours after receipt of notice from OWNER specifying such failure.

(2) In the event of termination for default, CONTRACTOR will be entitled to payment for Work satisfactorily completed, but not until completion of the Work and the assessment of all costs associated with its completion or other obligations of CONTRACTOR under this Agreement. If deemed necessary by the OWNER, the OWNER may acquire similar services by contract, complete the work itself, or satisfy the task requirement in any other manner it deems appropriate. The OWNER may take possession of all equipment, materials and supplies at the work site or in storage for the Work, together with such construction equipment, scaffolding, forms and other construction aids on-site required for the prosecution of the Work. CONTRACTOR will be liable for all costs in excess of the Contract Price, including excess re-procurement costs, incurred by the OWNER in completing the Work that was to have been done by the CONTRACTOR under this Agreement, as well as any expenses and damages associated with the default.

(3) If, after notice of termination for default, it is determined for any reason that

CONTRACTOR was not in default or that the default was excusable, the rights and obligations of the Parties will be the same as if the notice of termination had been issued pursuant to termination for convenience.

(4) Regardless of the cause of termination, the CONTRACTOR shall make an orderly turnover of the terminated Work to the OWNER and provide legible copies of all completed or partially completed work products and instruments of service including, but not limited to, laboratory, field, or other notes, log book pages, inspection reports, technical data, computations, and designs.

February 2025 Page 10 of 11

(5) The rights and remedies of OWNER provided in this Article are not exclusive and are in addition to any other rights and remedies provided by law or equity or under this Agreement.

ARTICLE 14 - MISCELLANEOUS PROVISIONS

14.1 Dispute Resolution: If any Party has a dispute with another regarding the meaning, operation, or enforcement of any provision of this Agreement, the disputing Parties agree to meet and confer to negotiate a resolution of the dispute. They further agree as follows:

a) Mediation. If they are unable to resolve the dispute themselves and before formally instituting any other dispute mechanism, they shall utilize the services of a mutually acceptable neutral mediator, who meets the qualifications of MCR 2.411, to bring them together in at least one mediation session.

b) Arbitration. If they are unable to resolve the dispute through mediation, it shall be decided by final and binding arbitration by a single arbitrator selected by the Parties, or if they are unable to agree, as selected by a Michigan Circuit Judge for the County of Oceana. The arbitration shall be conducted according to the commercial rules and procedures of the American Arbitration Association, or such other rules and procedures as may be specified by the selected arbitrator. Judgment upon the award rendered by the arbitrator may be entered in a Circuit Court of competent jurisdiction.

c) Venue. All meetings, hearings, and actions to resolve the dispute shall be in Antrim

County.

d) Notice. Written notice of a dispute shall be given to the other parties not later than 90 days after the occurrence giving rise to the dispute becomes known or should have become known. Negotiations and mediation shall occur within 60 days after such notice. Unless a longer time is agreed upon, arbitration must be demanded within 120 days after such notice and, if not, arbitration is deemed waived. Arbitration must be demanded within this time limit even if negotiation or mediation has not occurred, but the arbitrator must require the parties to participate in at least one mediation before issuing an award.

14.2 Applicable Law: In the performance of the Work provided by this Agreement, the

CONTRACTOR shall comply with all applicable Federal, State and local laws, rules, and regulations. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of Michigan.

14.3 Entire Agreement, Modifications, Headings, Severability: The Parties acknowledge that this Agreement constitutes the entire Agreement between them and supersedes all prior representations, warranties, agreements, and understandings oral or written between the Parties with respect to its subject matter. Unless stated otherwise in this Agreement, this Agreement may not be modified except in writing signed by both Parties. The headings to this Agreement are for convenience and reference purposes only and shall not constitute a part of the Agreement. If any provision of this Agreement is later held to violate the law or a regulation, that provision shall be deemed void, and all remaining provisions shall continue in force.

February 2025 Page 11 of 11

The Agreement becomes effective on the latest date of execution indicated below.

CONTRACTOR: SHELBY PUBLIC SCHOOLS:

By: By: __________________________

Title: Title: __________________________

Date: Date: __________________________

Project Specifications/ Project Design

Asbestos Abatement

Shelby Public Schools

Shelby Middle School Building

525 North State Street, Shelby, Michigan

February 13, 2025

Prepared for:

Shelby Public Schools

C/o: Mr. Mark Olmstead 525 N State St

Shelby, MI 49455

Prepared By:

Otwell Mawby, P.C.

Consulting Engineers

309 East Front Street Traverse City, Michigan 49684

Otwell Mawby Project No. 24-064

Environmental ▪Brownfield ▪Asbestos ▪

Shelby Public Schools will receive sealed via email bids until 12:00 p.m., Eastern Standard Time on Thursday, March 6, 2025 for the following project:

Asbestos Abatement at the Shelby Public Schools, Shelby Middle School Building

INTRODUCTION

The work practices and procedures described within this document pertain to the asbestos abatement activities.

The word “Owner” when used relates to the removal work practices and procedures refers to Shelby Public Schools.

The word “Contractor” in this document refers to the company that is to be awarded a contract by Shelby Public Schools to perform the asbestos abatement and all associated work described in this document.

The word “Consultant” in this document refers to Otwell Mawby, P.C., the environmental consulting firm to provide environmental consulting services during completion of this project by the Contractor.

The work will be performed under contract with (designated as “OWNER”):

Shelby Public Schools 525 N State St Shelby, MI 49455 Attn: Mr.