Specifications - 3B 17398.pdf

State of Michigan Department of Technology, Management and Budget

Facilities and Business Services Administration

Design and Construction Division

MICHSPEC

STANDARD CONTRACT FORMS AND CONDITIONS

OF THE CONTRACT

Charles Egeler Correctional Facility - File No. 472/17403.SMD - Index No. 60230

Gus Harrison Correctional Facility - File No. 472/17402.SMD - Index No. 24590

Lakeland Correctional Facility - File No. 472/17399.SMD - Index No. 45730

Parnall Correctional Facility - File No. 472/17430.SMD - Index No. 21100 Thumb

Correctional Facility - File No. 472/17398.SMD - Index No. 34660

CORRECTIONAL FACILITIES

PERIMETER FENCE ENHANCEMENTS

BID PACKAGE #3B

May 11, 2018

SECTION 00010 TABLE OF CONTENTS

SECTION/PAGE NO.

SUBJECT INDEX

SECTION 00020 GLOSSARY .............................................................. 00020 - 1 SECTION 00030 ADVERTISEMENT .................................................. 00030 - 1

SECTION 00100 INSTRUCTIONS TO BIDDERS ............................. 00100 - 1

ARTICLE 1 BIDDING DOCUMENT INTERPRETATIONS ......................... 00100 - 1

ARTICLE 2 QUALIFICATIONS OF BIDDERS ............................................ 00100 - 1

ARTICLE 3 BIDDING DOCUMENTS; SITE CONDITIONS;

SAFETY REQUIREMENTS; LAWS ......................................... 00100 - 2

ARTICLE 4 INTERPRETATIONS; ADDENDA ............................................ 00100 - 3 ARTICLE 5 BID SECURITY ........................................................................ 00100 - 3

ARTICLE 6 CONTRACT TIME; LIQUIDATED DAMAGES ......................... 00100 - 4

ARTICLE 7 MATERIALS AND EQUIPMENT .............................................. 00100 - 4 ARTICLE 8 SUBCONTRACTORS .............................................................. 00100 - 5

ARTICLE 9 BID FORM AND BID FORM ATTACHMENTS ........................ 00100 - 5

ARTICLE 10 PREPARATION AND SUBMISSION OF BIDS ........................ 00100 - 6

ARTICLE 11 BID WITHDRAWAL; BID MODIFICATION .............................. 00100 - 6

ARTICLE 12 BID OPENING; OBJECTION TO THE AWARD ...................... 00100 - 7

ARTICLE 13 BIDS TO REMAIN OPEN ........................................................ 00100 - 7 ARTICLE 14 AWARD OF THE CONTRACT ................................................ 00100 - 7 ARTICLE 15 EXECUTION OF THE AGREEMENT ...................................... 00100 - 9 ARTICLE 16 MOBILIZATION PAY ITEM ..................................................... 00100 –10

ARTICLE 17 SOIL EROSION AND SEDIMENTATION CONTROL–

FINE FOR NON-COMPLIANCE ............................................. 00100 –10

ATTACHMENT A TO SECTION 00100: BIDDER'S CHECK LIST ............... 00110 - 1

SECTION 00120 SUPPLEMENTARY INSTRUCTIONS .................. 00120 - 1

SECTION 00210 INFORMATION FOR BIDDERS ............................ 00210 - 1

SECTION 00300 BID SUMMARY ........................................ 00300 - SUMMARY SECTION 00300 BID FORM ................................................................. 00300 - 1

ARTICLE 1 THIS BID IS SUBMITTED TO THE STATE OF MICHIGAN

("THE OWNER"). ...................................................................... 00300 - 1 ARTICLE 2 THE BIDDER'S REPRESENTATIONS ...................................... 00300 - 1 ARTICLE 3 TIME OF COMPLETION ........................................................... 00300 - 2 ARTICLE 4 ATTACHMENTS INCLUDED WITH THIS BID .......................... 00300 - 2 ARTICLE 5 DEFINED TERMS ..................................................................... 00300 - 2 ARTICLE 6 BID SCHEDULE ........................................................................ 00300 - 3 ARTICLE 7 SCHEDULE OF CHANGE ORDER PRICES ............................ 00300 - __ ARTICLE 8 BID SUBMITTED ON ................................................................ 00300 - __ SECTION 00310 BID BOND ........................................................... 00310 - 1

SECTION 00320 NONCOLLUSION AFFIDAVIT ............................ 00320 - 1

SECTION 00410 BID BREAKDOWN ............................................. 00410 - 1 SECTION 00420 QUESTIONNAIRE ............................................... 00420 - 1 ARTICLE 1 ORGANIZATION ...................................................................... 00420 - 1 ARTICLE 2 SPECIALTY CONTRACTOR LICENSES ................................. 00420 - 1 ARTICLE 3 EXPERIENCE ........................................................................... 00420 - 1 ARTICLE 4 ADDITIONAL QUALIFICATIONS ............................................. 00420 - 2 ARTICLE 5 REFERENCES ......................................................................... 00420 - 2

REFERENCES ATTACHMENT ................................................ 00420 - 3

SECTION 00430 LIST OF SUBCONTRACTORS ............................. 00430 - 1

SECTION 00440 SCHEDULE OF MATERIALS AND

EQUIPMENT ............................................................. 00440 - 1

ARTICLE 1 BID MATERIALS AND EQUIPMENT −LISTED (NAMED OR

SPECIFIED) ITEMS .................................................................. 00440 - 1

ARTICLE 2 BID MATERIALS AND EQUIPMENT − OPEN

SPECIFICATIONS .................................................................... 00440 - 4

SECTION 00500 AGREEMENT ........................................................... 00500 - 1

ARTICLE 1 THE CONTRACT; THE PROJECT; THE WORK ..................... 00500 - 1

ARTICLE 2 CONTRACT DOCUMENTS ...................................................... 00500 - 1 ARTICLE 3 CONTRACT PRICE .................................................................. 00500 - 2

ARTICLE 4 CONTRACT TIME; LIQUIDATED DAMAGES .......................... 00500 - 2

ARTICLE 5 PAYMENTS TO CONTRACTOR .............................................. 00500 - 3

ARTICLE 6 THE PROFESSIONAL SERVICES CONTRACTOR ................ 00500 - 3

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS ................................. 00500 - 3 ARTICLE 8 MISCELLANEOUS ................................................................... 00500 - 3 ARTICLE 9 NOTICE AND SERVICE ........................................................... 00500 - 4

SECTION 00520 ATTACHMENT “A” TO AGREEMENT ................ 00520 - 1

SECTION 00610 PERFORMANCE BOND ....................................... 00610 - 1

SECTION 00620 PAYMENT BOND ................................................... 00620 - 1 SECTION 00700 GENERAL CONDITIONS ....................................... 00700 - 1

ARTICLE 1 INTERPRETATIONS .................................................................. 00700 - 1

1.1 Section 00020 Glossary: ...................................................................... 00700 - 1

1.2 Intent of the Contract Documents: ....................................................... 00700 - 1

1.3 Priority of the Contract Documents: ..................................................... 00700 - 2

1.4 Interpretation of Indemnification Provisions: ........................................ 00700 - 2

1.5 Additional Interpretations: .................................................................... 00700 - 2

1.6 Ownership and Use of the Contract Documents: ................................. 00700 - 3

1.7 Copies of the Contract Documents: ...................................................... 00700 - 3

ARTICLE 2 THE OWNER−GENERAL PROVISIONS ................................. 00700 - 3

2.1 Availability of Lands, Areas, Properties and Facilities: ......................... 00700 - 3

2.2 Reference Points; Base Lines and Benchmarks: ................................. 00700 - 3

2.3 Stop Work Order: ................................................................................. 00700 - 3

2.4 Limitations on the Owner’s Responsibilities: ....................................... 00700 - 4

2.5 Additional General Provisions: ............................................................. 00700 - 4

2.6 Partnering Charter: .............................................................................. 00700 - 4

ARTICLE 3 THE PROFESSIONAL − GENERAL PROVISIONS ................. 00700 - 4

3.1 Owner’s Representative: ..................................................................... 00700 - 4

3.2 Clarifications and Interpretations: ......................................................... 00700 - 4

3.3 Minor Variations and No-Cost Changes; Minor Delays: ....................... 00700 - 5

3.4 Determinations by the Professional: ................................................... 00700 - 5

3.5 Limitations on the Professional’s Responsibilities: ............................... 00700 - 5

ARTICLE 4 CONTROL OF WORK − GENERAL PROVISIONS .................. 00700 - 5

4.1 Review of the Contract Documents: ..................................................... 00700 - 5

4.2 Management, Supervision, and Personnel: ......................................... 00700 - 5

4.3 Materials and Equipment: .................................................................... 00700 - 6

4.4 Concerning Control of Work: ................................................................ 00700 - 6

4.5 Patent Fees and Royalties: .................................................................. 00700 - 7

4.6 Use of Premises: .................................................................................. 00700 - 7

4.7 Record Documents: ............................................................................. 00700 - 7

4.8 Emergencies: ....................................................................................... 00700 - 8

4.9 Indemnification: .................................................................................... 00700 - 8

ARTICLE 5 SUBCONTRACTORS AND SUPPLIERS ................................. 00700 - 8

5.1 Employment of Subcontractors: ........................................................... 00700 - 8

5.2 "Or Equal" and Substitute Materials and Equipment: ........................... 00700 - 9

5.3 The Contractor’s Continuing Responsibilities: .................................... 00700 - 9

ARTICLE 6 SUBMITTALS .......................................................................... 00700 - 10

6.1 Shop Drawing, Sample and Other Technical Submittals: .................... 00700 - 10

6.2 Review and Return of Technical Submittals: ....................................... 00700 - 10

6.3 Progress Schedule Submittals: ........................................................... 00700 - 10

6.4 Review and Return of Progress Schedule Submittals: ........................ 00700 - 10

6.5 Additional Provisions Concerning Submittals: ..................................... 00700 - 11

ARTICLE 7 LEGAL REQUIREMENTS; INSURANCE ................................ 00700 - 11

7.1 Laws; Permits (Which Include Approvals and Licenses): .................... 00700 - 11

7.2 Sales and Use Tax and Other Similar Taxes: ..................................... 00700 - 12

7.3 Safety and Protection: ......................................................................... 00700 - 12

7.4 Bonds and Insurance - General Requirements: .................................. 00700 - 12

7.5 The Contractor’s Liability Insurance: ................................................. 00700 - 12

7.6 The Owner’s Liability Insurance: ........................................................ 00700 - 13

7.7 Property Insurance (Builder's All Risk Insurance): .............................. 00700 - 13

7.8 Waiver of Rights: ................................................................................. 00700 - 14

7.9 Receipt and Application of Proceeds: ................................................. 00700 - 14

7.10 Unfair Labor Practice: ......................................................................... 00700 - 14

7.11 Michigan Right-To-Know Law: ............................................................ 00700 - 14

7.12 Nondiscrimination: .............................................................................. 00700 - 14

7.13 Michigan Residency for Employees: ................................................... 00700 - 15

7.14 Prevailing Wages: .............................................................................. 00700 – 15

7.15 Century Date Compliance Protection .................................................. 00700 - 15

ARTICLE 8 PROSECUTION; SUBSTANTIAL COMPLETION ................... 00700 - 16

8.1 Starting the Work: ............................................................................... 00700 - 16

8.2 Revision 0 (Rev. 0) Schedule and Cost Submittals: ............................ 00700 - 16

8.3 Compliance with Contract Time Requirements: .................................. 00700 - 16

8.4 Substantial Completion: ...................................................................... 00700 - 16

8.5 Partial Use: ........................................................................................ 00700 – 17

8.6 Division of Responsibilities: ................................................................ 00700 – 17

8.7 Suspension of Work: ........................................................................... 00700 - 17

8.8 Sharing of Total Float on Non-Critical Paths: ...................................... 00700 - 17

ARTICLE 9 WARRANTY; TESTS, INSPECTIONS, AND

APPROVALS; CORRECTION OF WORK ............................... 00700 - 18

9.1 Warranty: ........................................................................................... 00700 - 18

9.2 Tests, Inspections and Approvals: ..................................................... 00700 - 18

9.3 Uncovering Work: .............................................................................. 00700 - 18

9.4 Correction of Work: ............................................................................ 00700 - 18

9.5 Special Correction Period Requirements: .......................................... 00700 - 19

9.6 Special Maintenance Requirements: ................................................. 00700 - 19

ARTICLE 10 CHANGES ............................................................................. 00700 - 20

10.1 Changes in the Work: ........................................................................ 00700 - 20

10.2 Differing Subsurface or Physical Site Conditions: .............................. 00700 - 20

10.3 Responsibilities for Underground Utilities: .......................................... 00700 - 21

10.4 Hazardous Material Conditions: ......................................................... 00700 - 21

10.5 Incidents with Archaeological Features: ............................................. 00700 - 21

10.6 Unit Price Work: ................................................................................. 00700 - 21

10.7 Cash Allowances; Provisionary Allowances: ...................................... 00700 - 22

10.8 Change Orders; Change Authorizations: ........................................... 00700 - 22

ARTICLE 11 CHANGES IN CONTRACT PRICE; CHANGES IN

CONTRACT TIME ................................................................. 00700 - 23

11.1 General Provisions: ............................................................................ 00700 - 23

11.2 Changes in Contract Time: ................................................................ 00700 - 23

11.3 Methods for Making Adjustments in Contract Price: .......................... 00700 - 23

11.4 Labor, Subcontract and Material/Equipment Costs: ........................... 00700 - 24

11.5 Construction Equipment Costs: .......................................................... 00700 - 24

11.6 Rented or Leased Construction Equipment: ...................................... 00700 - 24

11.7 Owned Construction Equipment: ....................................................... 00700 - 25

11.8 General Conditions Costs: ................................................................. 00700 - 25

11.9 Limitations on Allowable Costs: ......................................................... 00700 - 25

11.10 Costs Covered by the Fee for the Work Involved (and not Allowable as Cost of the Work Involved): ........................................................... 00700 - 25

11.11 Limits on the Fee for the Work Involved: ............................................ 00700 - 26

11.12 Fee for Unabsorbed Home Office Overhead: ..................................... 00700 - 26

11.13 Changes in Contract Time for Early Completion: ............................... 00700 - 26

11.14 Access to Records: ............................................................................ 00700 - 27

11.15 Price Reduction for Defective Cost and Pricing Data: ........................ 00700 - 27

ARTICLE 12 PROGRESS PAYMENTS; FINAL PAYMENT ....................... 00700 - 28

12.1. Schedule of Values: ........................................................................... 00700 - 28

12.2 Requests for Payment: ...................................................................... 00700 - 28

12.3 Review of Request for Payment; Intent of Review: ............................ 00700 - 28

12.4 Refusal to Make or to Recommend Payment: .................................... 00700 - 28

12.5 Final Request for Payment: ................................................................ 00700 - 29

12.6 Final Payment and Acceptance: ........................................................ 00700 - 29

12.7 Contractor’s Continuing Obligation: ................................................. 00700 - 29

12.8 Waiver of Claims: ............................................................................... 00700 - 29

ARTICLE 13 OTHER WORK ...................................................................... 00700 - 30

13.1 Related Work at Site: ......................................................................... 00700 - 30

13.2 Coordination Requirements: .............................................................. 00700 - 30

13.3 Claims Between the Contractor and Other Parties: .......................... 00700 - 30

ARTICLE 14 TERMINATION ...................................................................... 00700 - 31

14.1 Notice Requiring Assurance of Due Performance: ............................. 00700 - 31

14.2 Contractor Default and Termination for Cause: ................................ 00700 - 31

14.3 Surety Default: ................................................................................... 00700 - 32

14.4 Termination for Convenience of the Owner: ...................................... 00700 - 32

14.5 The Contractor May Suspend Work: ............................................... 00700 – 32

ARTICLE 15 DISPUTES ............................................................................. 00700 - 33

15.1 Claims Under This Article: ................................................................. 00700 - 33

15.2 Requirement for Certification of Contractor Claims: ......................... 00700 - 33

15.3 Recommendations or Decisions from the Professional: ................... 00700 - 33

15.4 Determinations by the Director-DCD: ................................................ 00700 - 33

15.5 Supplements to AAA Arbitration: ........................................................ 00700 - 34

15.6 Interest on a Judgment; Payment of Judgment: ................................. 00700 - 34

15.7 Venue; Flow-Through Provision: ........................................................ 00700 - 34

SECTION 00800 SUPPLEMENTARY CONDITIONS ...................... 00800 - 1

APPENDIX I FORMS

Professional/Visitor LEIN Request

APPENDIX IV PREVAILING WAGE RATES

INFORMATIONAL SHEET

CHARLES EGELER CORRECTIONAL FACILITY

GUS HARISON CORRECTIONAL FACILITY

LAKELAND CORRECTIONAL FACILITY

PARNALL CORRECTIONAL FACILITY

THUMB CORRECTIONAL FACILITY

DIVISION 01 – GENERAL REQUIRMENTS

01 3000 SUBMITTALS

01 5000 TEMPORARY FACILITIES AND CONTROLS

01 7823 OPERATION AND MAINTENANCE MANUAL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 3113 FENCE AND GATES

32 9200 TURF AND GRASSES

DRAWINGS - BOUND SEPARATELY

CIVIL – CHARLES EGELER CORRECTIONAL FACILITY

T-100 TITLE PAGE

C-100 FENCING SITE PLAN

C-200 FENCING DETAILS

CIVIL – GUS HARISON CORRECTIONAL FACILITY

T-100 TITLE PAGE

C-100 FENCING SITE PLAN

C-200 FENCING DETAILS

CIVIL - LAKELAND CORRECTIONAL FACILITY

T-100 TITLE PAGE

C-100 FENCING SITE PLAN

C-200 FENCING DETAILS

CIVIL - PARNALL CORRECTIONAL FACILITY

T-100 TITLE PAGE

C-100 FENCING SITE PLAN

C-200 FENCING DETAILS

CIVIL - THUMB CORRECTIONAL FACILITY

T-100 TITLE PAGE

C-100 FENCING SITE PLAN

C-200 FENCING DETAILS

This is a Cover Sheet to the State’s Owner and Contractor Standard Construction Contract, known as the MICHSPEC Division 0 Specifications. The MICHSPEC Division 0 Specifications have been developed from the FORMSPEC Michigan Model, 1997 Edition. Although the State’s 2008 Version of the Division 0 Specifications are written as simply as practical, it is nonetheless advisable to consult with companion Guide to Specifiers when preparing specifications for a specific project. These Division 0 Specifications were developed by incorporating provisions and requirements furnished by the State into the FORMSPEC Michigan Model. These Division 0 Specifications have undergone detailed technical reviews by Department of Technology, Management and Budget, State Facilities Administration representatives and detailed legal reviews by the Department of the Attorney General for the State of Michigan. Specifiers are encouraged to consult with a Division 0 specifications specialist or an attorney knowledgeable in public contracts when preparing specifications for a specific project.

STATE OF MICHIGAN

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

MICHSPEC 2008 VERSION, OWNER AND CONTRACTOR

STANDARD CONTRACT FORMS AND CONDITIONS OF THE CONTRACT

MICHSPEC No. 97.0820 − 00020 THROUGH 97.0820 − 00440

RELEASED ON NOVEMBER 1, 1997;

Developed from Contract Forms and Conditions of the Contract

FORMSPEC Michigan Model and suggested for use with Bidding Requirements

1997 Edition/Rev 02/2018 Version

STATE OF MICHIGAN AND MATRIX CONSULTING ENGINEERS, INC. GLOSSARY

MICHSPEC DTMB 00020 − 1 (Rev. 02/2018)

SECTION 00020 GLOSSARY

1.1 Defined Terms:

1.1.1. The following terms or relative pronouns used in

Division 0 of the Specifications have these intent and meanings:

Activity−An element in the Progress Schedule establishing a requisite step, or the time and resources required, for completing the part of the Work associated with that Activity.

Addenda−Written instruments that are used by the Owner and/or Professional to incorporate interpretations or clarifications, modifications and other information into the Bidding Documents.

An Addendum issued after Bid opening to those Bidders who actually submitted a Bid, for the purpose of rebidding the Work without readvertising, is referred to as a post-Bid Addendum.

Agreement−The written agreement between the Owner and Contractor covering the Work to be furnished and performed.

Alternate−Refers to Work specified in the Bidding Documents for which the Bidder shall bid a Bid Price in the space provided in the Schedule of Alternates in Section 00300 Bid Form.

Apparent Low Bidder: Those Bidders whose Base Bid, when added to those specific Alternates the Owner intends to accept, yields the three lowest sums of Base Bid and Alternates.

Additional Bidders may be considered Apparent Low Bidders if their Base Bid, when added to those specific Alternates the Owner intends to accept, yields a sum within 10% of the lowest of the Apparent Low Bidder’s sum. If a qualified disabled veteran meets the requirements of the contract solicitation and with the veteran’s preference is the lowest Bidder is considered the Apparent Low Bidder.

Archaeological Feature−Any prehistoric or historic deposit of archaeological value, as determined by a representative of a State agency that is duly authorized to evaluate such findings and render such judgments. An Archaeological Feature deposit may include, but is not limited to Indian habitations, ceremonial sites, abandoned settlements, treasure trove, artifacts or other objects with intrinsic archaeological value and that relate to the history and culture of the State of Michigan.

As-Planned Schedule−Is the Contractor’s Revision 0 Progress Schedule returned to the Contractor as "Resubmittal Not Required," with or without comments or objections noted.

Authorized Technical Data−Information and data contained in a report of exploration and tests of subsurface conditions that are expressly designated in paragraph 2.0 of Section 00210 Information for Bidders. Also, any physical data (dimension, location, conditions, etc.) contained in those drawings of physical conditions of existing surface and subsurface facilities identified in paragraph 3.0 of Section 00210 Information for Bidders.

Bar Chart Schedule−Activity schedule, in a bar chart format, that accounts for the entire Work at a level of detail commensurate with the Progress Schedule requirements of the Contract Documents.

STATE OF MICHIGAN MODEL

Developed from FORMSPEC Michigan Model

Bid−Written offer by a Bidder for the Work, as specified, which designates the Bidder’s Base Bid and Bid Prices for all Alternates.

The term Bid includes a Rebid.

Bidder−The Person acting directly, or through an authorized representative, who submits a Bid directly to the Owner.

Bidding Documents−The proposed Contract Documents as advertised, and all Addenda issued before Bid opening, and after Bid opening, if the Work is rebid without readvertising.

Bid Price−The Bidder's price for a lump sum item of Work, or the product of the Bidder's unit price for an item of Unit Price Work times the quantity given on the Bid Form for that item.

Bid Security−Security serving as a guarantee that the Bidder will conform to all conditions requisite for its return or as liquidated damages in the event of failure or refusal to conform.

Bidding Requirements−The Advertisement, Instructions to Bidders (including Attachment A), Supplementary Instructions, Information for Bidders, Bid Form, Bid Form Attachments and Qualification Submittals, as advertised and as modified by Addenda, and any other Section included within Division 0 of the Bidding Documents for the purpose of governing bidding and award of the Contract.

*Board−The Administrative Board of the State of Michigan.

Bonds−Section 00310 Bid Bond, Section 00610 Performance Bond and Section 00620 Payment Bond are security furnished by the Contractor, as required by the Contract Documents.

Business Day−Any Day except Saturdays, Sundays and holidays observed by the Owner.

Bulletin−A standard DTMB form used by the Owner to describe a change in the Work under consideration by the Owner and to request the Contractor to submit a proposal for the corresponding adjustment in Contract Price and/or Contract Time, if any.

Calendar Day−Every day shown on the calendar, Saturdays, Sundays and holidays included.

Cash Allowance−An Owner-specified sum included within the Contract Price to reimburse the Contractor for the actual purchase/furnished cost of materials and/or equipment or other designated items, as specifically provided in the Contract Documents. Although the scope (e.g., the required quantity) of any Work covered by a Cash Allowance is sufficiently detailed in the Contract Documents for the purposes of bidding the required labor costs, Subcontract costs, construction equipment costs and general conditions costs and Fee, it is understood that the required materials, equipment or other designated items are of uncertain purchase cost at the time of Bid or are yet to be specified in more detail by the Professional as to quality, appearance, durability, finish and such other necessary features affecting purchase price.

MICHSPEC DTMB 00020 − 2 (Rev. 02/2018)

Change Authorization−A written order issued and signed by the Professional, which directs changes in the Work that require no adjustment in Contract Price or Contract Time, or which allows for variations in the quantities of Unit Price Work.

Change Order−A written order issued and signed by the Owner, which amends the Contract Documents for changes in the Work or an adjustment in Contract Price and/or Contract Time, or both.

Contact Person−Individual in the employ of the Professional or the Owner who is designated as the sole point of contact for prospective Bidders for requests or inquiries concerning the Work and/or the Bidding Documents.

Contract−Refer to the definition in paragraph 1.1 of Section 00500 Agreement. The term “Contract” encompasses the legal obligations of the Owner and Contractor, as defined by the Contract Documents.

Contract Award−The official action of the Board, the Director-SFA or the Director-DCD awarding the Contract to the Contractor.

Contract Documents−Those documents itemized or designated in paragraphs 2.2 through 2.4 of Section 00500 Agreement.

Contract Float−Calendar Days between the Contractor's anticipated date for early completion of the Work, or of a specified portion of the Work, if any, and the corresponding Contract Time.

Contract Price−The Contract price for the Work, or a designated portion of the Work, as designated in Section 00500 Agreement or elsewhere in the Contract Documents, is the total compensation, including authorized adjustments, payable by the Owner to the Contractor (subject to provisions for Unit Price Work).

Contract Times−The Contract Times for the entire Work are the periods allowed, including authorized adjustments, for Substantial Completion and final completion of the Work. The Contract Times for a designated portion of the Work are the periods allowed for Substantial Completion and final completion of any such portion of the Work, as specified in the Contract Documents.

Contractor−Person named "the Contractor" in Section 00500 Agreement with whom the Owner has entered into the Contract.

Correction Period−Period during which the Contractor shall, in accordance with the Contract Documents, (a) correct or, if rejected, remove and replace Defective Work, and (b) maintain warranties for materials and equipment in full force and effect.

Cost of the Work Involved−The sum of all costs that would be, or actually were, necessarily incurred by the Contractor in providing any Work Involved with the related change, less the costs that would be, or would have been, incurred by the Contractor to provide such Work without the related change.

CPM Schedule−Computerized, Activity-based Progress Schedule, using Critical Path Method (CPM) techniques, and accounting for the entire Work at a level of detail commensurate with the Progress Schedule requirements of the Contract Documents.

Critical Path Method (CPM)−The Critical Path Method of planning and scheduling. The term “Critical Path” denotes a sequence of Activities controlling achievement of a specified Contract Time.

Date of Commencement of the Contract Time−The date when the Contract Time starts to run.

Defective−An adjective which when referring to or when applied to the term “Work” refers to (a) Work not conforming to the Contract Documents or not meeting the requirements of any inspection, test or approval, or (b) Work itemized in a Punch List which the Contractor fails to complete or correct within a reasonable time after issuance of the Punch List by the Professional.

Delay−Any act or omission or other event that in any manner adversely affects or alters the schedule, progress or completion of all or any part of the Work. Delay is a generic term intended to include deferral, stoppage, slow down, interruption and extended performance, and all related hindrance, rescheduling, disruption, interference, inefficiency and productivity and production losses.

*Department (DTMB)−Department of Technology, Management and Budget of the State of Michigan. Director is the Director of the Department.

Director-SFA is the Director of DTMB State Facilities Administration.

Director-DCD is the Director of DTMB State Facilities Administration, Design and Construction Division

Division−Each of the numbered, distinct parts (starting with Division

0) into which the Specifications are divided.

Drawings−Part of the Contract Documents showing the Work.

Drawings shall neither serve nor be used as Shop Drawings.

Early (Late) Dates−Early (late) times of performance for the Activities.

Emergency−A condition affecting the safety or protection of persons, or the Work, or property at or adjacent to the site.

Fee for the Work Involved (Fee)−A negotiated, percentage mark-up on the Cost of the Work Involved which is allowed to the Contractor for (a) reasonable administrative costs, and (b) negotiated, reasonable profit on the Cost of the Work Involved.

General Requirements−Division 1 of the Specifications.

Hazardous Material−Asbestos, ACBMs, PCBs, petroleum products, such construction materials as paint thinners, solvents, gasoline, oil, etc., and any other like material the manufacture, use, treatment, storage, transportation or disposal of which is regulated by federal, State or local Laws governing the protection of public health, natural resources or the environment.

State Facilities Administration - Entity in the Department of Technology, Management and Budget responsible for design, construction, and operations and maintenance of facilities and capital renewal.

MICHSPEC DTMB 00020 − 3 (Rev. 02/2018)

State Facilities Administration Representative - Designated DTMB-SFA Design and Construction Division Project Director

(a) Responsible for directing and supervising the Professional’s services during the period allowed for completion of the Work;

and/or (b) Acting as representative for the Owner and for the enforcement of the Contract Documents, approving payment to the Contractor and coordinating the activities of the State, Owner, Professional and Contractor.

Law(s)−Means federal, State and local statutes, ordinances, orders, rules and/or regulations.

MCL−The Michigan Compiled Laws of the State of Michigan.

Means and Methods−Includes means, methods, techniques, sequences and/or procedures applicable to the Work.

Notice of Award−Written notice accepting the Bid to the lowest responsive, responsible Bidder and designating the Contract Price (and establishing the Alternates accepted by the Owner).

Notice to Proceed−Written notice authorizing the Contractor to proceed with the Work, or a designated portion of the Work, and establishing the Date of Commencement of the Contract Time.

On-Site Inspection–The Professional’s on-site examination of the Contractor’s completed or in progress Work to determine and verify to the State Facilities Administration Representative that the quantity and quality of all Work is in accordance with the requirements of the Contract Documents.

Owner−The State of Michigan, named "the Owner" in Section 00500 Agreement, with whom the Contractor has entered into the Contract and for whom the Work is to be provided. The State of Michigan includes its departments, agencies, boards, commissions, officers, employees and agents.

Partial Use−Use by the Owner of a designated portion of the Work before accomplishing Substantial Completion of the entire Work.

Partial Use does not implicate or refer to Substantial Completion of the portion of the Work placed in use by the Owner.

Person−Individuals, partnerships, corporations, receivers, trustees, joint ventures and any combinations of any of them.

Political Subdivision−Any county, city, village or other local unit of the State, including any agency, department or instrumentality of any such county, city, village or other local unit.

Pre−Award Schedule−A Qualification Submittal required of the Apparent Low Bidder before Contract Award, and which is used by the Owner in the evaluation of the Apparent Low Bidder’s Bid.

Professional Services Contractor (Professional)−The Person or its authorized representative licensed to practice architecture and/or engineering, named as "Professional" in Section 00500 Agreement, who has the right and authority assigned in the Contract Documents. The term Professional includes the Professional's consultants practicing the disciplines required by the Contract Documents. If the Owner will function as the Professional, such information will be noted in Section 00800 Supplementary Conditions or at the pre-construction conference.

Progress Schedule−Work Schedule that shows the Contractor's approach to planning, scheduling and execution of the Work and that accurately portrays completed Work as to sequencing and timing, as provided in the Contract Documents.

Project−The total construction, which includes the Work and possibly other work, as indicated in the Contract Documents.

Project Field Representative−A DTMB-SFA Design and Contstruction employee or consultant, acting in collaboration and with direction from the DTMB-SFA-DCD Project Director, providing on-site, periodic observation and documentation of the Work for compliance with the Contract Documents.

Project Manual–The Book of Specifications, containing Division 0 of the Specifications and the technical Specifications.

Provisionary Allowance−An amount included within the Contract Price to reimburse the Contractor for the cost to furnish and perform Work that is uncertain, i.e., may not be required, or is of indeterminate scope, i.e., design information and quantities, complexity, etc. are neither shown nor detailed in the Contract Documents. Work authorized under any Provisionary Allowance may consist of (a) changes required by actual conditions, as determined by the Professional, that are incorporated into the Work in accordance with Section 00700 General Conditions, and

(b) any other Work authorized and completed under the pertinent provisions of the Contract Documents. Unlike a Cash Allowance, payments under a Provisionary Allowance shall include not only the purchase/furnished cost of the materials and equipment involved, but also all related labor costs, Subcontract costs, construction equipment costs, general conditions costs and Fee, provided they are calculated in accordance with the requirements of Articles 10 and 11 of Section 00700 General Conditions.

Public Utility−Any utility company, utility department or agency of a Political Subdivision, natural gas pipeline company, cable TV company, or any other owner/operator of utilities that are operated or maintained in, on, under, over or across public right-of-way or public or private easements and which is defined as “Public Utility” under the provisions of 1974 PA 53, as amended, MCL 460.701.

Punch List−A list of minor items to be completed or corrected by the Contractor, any one of which do not materially impair the use of the Work, or the portion of the Work inspected, for its intended purpose. A Punch List shall be prepared by the Professional upon having made a determination that the Work, or portion of the Work inspected, is substantially complete and shall be attached to the respective certificate of Substantial Completion.

Qualification Submittals−Data concerning a Bidder's qualifications and eligibility, as specified in the Bidding Requirements.

Rebid−A revised or new Bid submitted by a Bidder on the Section 00300 Bid Summary and Bid Form and the Bid Form Attachments made available through post-Bid Addenda, in the event the Work is rebid without readvertising, as allowed by post-Bid Addenda.

Record Documents−Drawings, Specifications, Addenda, Change Orders, Change Authorizations, Bulletins, inspection, test and approval documentation, photographs, written clarifications and interpretations and all other documents recording, or annotated to show, all revisions and deviations between the as-built installation

MICHSPEC DTMB 00020 − 4 (Rev. 02/2018) and the Contract Documents, all approved Submittals and all clarifications and interpretations.

Records−Books, reports, documents and other evidence relating to the bidding, award and furnishing and performance of the Work.

Record Schedule−A Progress Schedule Revision Submittal returned to the Contractor as "Resubmittal Not Required," with or without comments or objections noted.

*Recycled Material−Recycled paper products, structural materials made from recycled plastics, rerefined lubricating oils, reclaimed solvents, recycled asphalt and concrete, recycled glass products, retreaded tires, ferrous metals containing recycled scrap metals and all other materials that contain (a) waste materials generated by a business or consumer, (b) materials that have served their intended purpose, and/or (c) materials that have been separated from solid waste for collection, recycling and disposition in the percentage determined by the State as provided by Law.

Request for Payment−The form provided by the Owner (Payment Request DMB-440) to be used by the Contractor in requesting payment for Work completed, which shall enclose all supporting information required by the Contract Documents.

Resident Project Representative−The authorized representative of the Professional who is assigned to the site.

Schedule of Values−A schedule of pay items, which subdivides the Work into its various parts and which details, for each itemized part, cost and pricing information required for making payments for Work performed. The sum of all pay item costs in the Schedule of Values shall equal the Contract Price for the Work.

Shop Drawings−Includes drawings, diagrams, illustrations, standard schedules, performance charts, instructions and other data prepared by or for the Contractor to illustrate some part of the Work, or by a Supplier and submitted by the Contractor to illustrate items of material or equipment.

Soil Erosion and Sedimentation Control–The planning, design and installation of appropriate Best Management Practices designed and engineered specifically to reduce or eliminate the off-site migration of soils via water runoff, wind, vehicle tracking, etc. Soil erosion and sedimentation control in the State of Michigan is regulated under The Natural Resources Environmental Protection Act; Soil Erosion and Sedimentation Control, 1994 PA 451, Part 91, as amended, MCL 324.9101 et seq. Soil erosion and sedimentation control associated with this Contract is monitored and enforced by the Department of Technology, Management and Budget, State Facilities Administration.

Specifications−Parts of the Contract Documents organized into Divisions. "Technical Specifications" means Divisions of the Specifications consisting of technical descriptions of materials, equipment, construction systems, standards and workmanship.

State−The State of Michigan in its governmental capacity, including its departments, agencies, boards, commissions, officers, employees and agents. Non-capitalized references to a state refer to a state other than the State of Michigan.

*State Construction Code−The Michigan State Construction Code Act, 1972 PA 230, as amended, MCL 125.1501 et seq.

Subagreement−A subcontract or purchase order awarding a part of the Work to a Subcontractor or Supplier.

Subcontractor−A Person having a Subagreement for providing labor at the site, or for providing labor at the site and furnishing materials and/or equipment for incorporation into the Work.

Submittals−Includes technical Submittals, Progress Schedules and those other documents required for submission by the Contract Documents. The term "technical Submittal" includes Shop Drawings, brochures, samples, Operation and Maintenance (O&M) Manuals, test procedures and any other Submittal the Contract Documents require the Contractor to submit to demonstrate how the items covered, after installation or incorporation into the Work, will conform to the information given in the Contract Documents and be compatible with the design of the completed Work as a functioning whole as indicated in the Contract Documents.

Substantial Completion−The Work, or a portion of the Work designated in the Contract Documents as eligible for separate Substantial Completion, has been completed in accordance with the Contract Documents, to the extent that the Owner can use or occupy the entire Work, or the designated portion of the Work, for the use intended without any outstanding, concurrent Work at the site, except as may be required to complete or correct Punch List items. Prerequisites for Substantial Completion, over and above the extent of Work completion required, include (a) receipt by the Owner of operating and maintenance documentation, (b) all systems have been successfully tested and demonstrated by the Contractor for their intended use, and (c) the Owner having received all required certifications and/or occupancy approvals from the State and those Political Subdivisions having jurisdiction over the Work. Receipt of all certifications and/or occupancy approvals from those Political Subdivisions with jurisdiction in and of itself does not necessarily connote Substantial Completion.

Supplementary Conditions−Section 00800 within Division 0 of the Specifications that amends and/or supplements Section 00700 General Conditions and other designated Contract Documents.

Supplementary Instructions−Section 00120 within Division 0 of the Specifications that amends and/or supplements Section 00100 Instructions to Bidders and any other designated Bidding Requirement.

Supplier−A manufacturer or fabricator, or a distributor, material man or vendor representing a manufacturer or fabricator, who has a Subagreement for furnishing materials and/or equipment.

Target−A point of progress for a key part of the Work, which is identified for monitoring progress of the Work. Target Times are not Contract Times.

Total Float−Number of Calendar Days by which the Work or any part of the Work may be delayed from its Early Dates without necessarily causing an overrun in a pertinent Contract Time. Total Float is by definition at least equal to Contract Float.

Underground Utilities−Pipelines, piping, conduit, duct, cables, wells, tanks, tunnels and appurtenances, or other similar facilities, installed underground to convey or support conveyance of potable water, sprinkler or irrigation water, fire protection systems, electricity, gases, steam, petroleum products, sewerage and

MICHSPEC DTMB 00020 − 5 (Rev. 02/2018) drainage removal, telephone, communications, cable TV, traffic or control systems.

Unit Price Work, Contingent−Work involving specified but undefined quantities (i.e., related Work quantities are not detailed in the Contract Documents) which when performed is measured by the Professional and paid using the measured quantities and unit prices contained in the Contract Documents. Performance of such Unit Price Work is contingent upon conditions encountered at the site, as determined and authorized by the Professional.

Unit Price Work, Specified−Work of specified and defined quantities (i.e., quantities are detailed in, and can be taken-off from, the Contract Documents) that when performed is measured by the Professional and paid based on the measured quantities and unit prices contained in the Contract Documents.

Work (as in “the Work,” "the entire Work)−The entire completed Construction required by the Contract Documents. The Work results from furnishing and performing all services, obligations, responsibilities, management, supervision, labor, materials, equipment, construction equipment, general conditions, permits, taxes, patent fees and royalties, testing, inspection and approval responsibilities, warranties, temporary facilities, small tools, field supplies, Bonds, insurance, mobilization, close-out, overhead and all connections, devices and incidental items of any kind or nature required and/or made necessary by the Contract Documents.

Work Involved, any Work Involved−Existing or prospective Work

(a) reflected in any notice, proposal or claim, or (b) reflected in changes ordered or in process, or (c) affected by Delay.

1.1.2. Other defined terms used in Division 0 but not

assigned intent and meanings in this Section 00020 Glossary have the intent and meanings set forth in MCL or Section 00800 Supplementary Conditions.

1.1.3. Terms defined in this Section 00020 Glossary and

used in other Specifications and/or in the Drawings in lower cases, or as capitalized terms, have the intent and meanings assigned to them in this Section 00020 Glossary, if the context will permit.

1.2 Division 0 Rules of Construction:

1.2.1. Each Article in a Section in Division 0 contains “sub-articles,” numbered as this sub-article 1.2 is numbered; “parts,” numbered as this part 1.2.1 is numbered, and “sub-parts,” all of which are considered "paragraphs." A reference to a paragraph means a reference to the sub-article, part or sub-part, or any combination of any of them, if the context will permit.

1.2.2. Any reference to an Article or a paragraph in a Section within Division 0 means a reference to an Article or a paragraph in the very Section in which the reference is made, unless that reference specifically names another Section.

1.2.3. Whenever the context of any provision requires, the

singular number includes the plural number and vice versa, and the use of any gender includes all genders.

END OF SECTION 00020

STATE OF MICHIGAN AND MATRIX CONSULTING ENGINEERS, INC. ADVERTISEMENT

MICHSPEC DTMB 00030 − 1 (Rev. 02/2018)

SECTION 00030 ADVERTISEMENT

1. Invitation to Bid (ITB) − Your firm is invited to submit a Bid. The State of Michigan as the Owner will receive bids electronically through the SIGMA VSS website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfServi ce, until 2:00 p.m., local time, on MAY 30, 2018. The State reserves the right to cancel this Invitation to Bid (ITB) or change the date and time for submitting Bids by announcing same at any time before the established date and time for Bid opening. Bids must remain open for acceptance by the Owner for no less than the Bid hold period. Contractor may agree to extend the Bid hold period. However, any such extension must be based upon no increase in the Bid Price and/or Contract Time.

2. Work Description − The Work, includes all equipment and labor for additional fencing and razor ribbon at the facilities, Agency No. 472, Charles Egeler Correctional Facility:

File No. 472/17403.SMD - Index No. 60230

Gus Harrison Correctional Facility:

File No. 472/17402.SMD - Index No. 24590

Lakeland Correctional Facility:

File No. 472/17399.SMD - Index No. 45730

Parnall Correctional Facility:

File No.