Volume 1 Final- FEAS Track Reconstruction.pdf

PROJECT MANUAL

Frankfort- Series 2- High School Track Reconstruction

Frankfort, MI

Bid Package No. 1

Tuesday, March 5, 2024

Frankfort High School- Track Reconstruction

CONSTRUCTION MANAGER

The Christman Company

801 Broadway Avenue NW, Suite 300

Grand Rapids, MI 49504

616-454-4454

Landscape Architect

Foresite Design, Inc.

3269 Coolidge Hwy Berkley, MI 48072

Frankfort- Series 2- High School Track Reconstruction Bid Package No. 1

The Christman Company Tuesday, March 5, 2024

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

00 11 13 Advertisement for Bids

00 21 13 Instructions to Bidders

00 30 00 Information Available to Bidders

00 40 00 Trade Contract Proposal Pre-Submission Checklist

00 41 00 Trade Contract Proposal Form (Authored by Construction Manager)

00 45 13 Trade Contractor Information Request Form

00 52 00 Subcontract Agreement (Authored by Construction Manager)

00 61 13.13 Performance Bond Form

00 61 13.16 Labor and Material Payment Bond Form

00 65 36 Trade Contractor Guarantee

00 65 37 Asbestos/Lead Free Acknowledgement

00 70 00 General Conditions of the Contract for Construction

01 01 00 Summary of Work

01 01 90 Contract Considerations

01 02 00 Allowances

01 04 00 Coordination

01 04 50 Cutting and Patching

01 04 90 Mechanical & Electrical Coordination (when appropriate)

01 05 00 Field Engineering

01 06 00 Regulatory Requirements

01 07 00 Abbreviations and Symbols

01 09 50 Reference Standards and Definitions

01 10 00 Alternates

01 15 00 Measurement and Payment

01 20 00 Project Meetings

01 30 00 Submittals

01 31 00 Construction Schedules

01 37 00 Schedule of Values

TABLE OF CONTENTS TOC - 2

01 40 00 Quality Control

01 50 00 Temporary Facilities

01 60 00 Material and Equipment

01 70 00 Project Closeout

01 74 00 Warranties

01 74 19 Construction Waste Management

Work Category Index and Cross Reference

Work Category No. 00 – General Requirements for All Subcontractors

Work Category Descriptions (Authored by Construction Manager)

ATTACHMENTS

Attachment A - TBD

AIA Documents are not included in this specification, but are part of the contract documents, copies may be obtained from the Construction Manager

Contractor's Qualification Statement (AIA Document A305)

Application and Certificate for Payment and Continuation Sheet (AIA Documents G702 and 703) Submitted and utilized electronically via Trade Contractor Portal

Certificate of Substantial Completion (AIA Document G704)

Certificate of Insurance (AIA Documents G705)

Contractor's Affidavit of Payment of Debts and Claims (AIA G706)

Consent of Surety Company to Final Payment (AIA Document G707)

00 11 13 Advertisement for Bids 00 11 13 - 1

00 11 13 ADVERTISEMENT FOR BIDS

Project: Frankfort- Series 2- High School Track Reconstruction

Owner: Frankfort-Elberta Area Schools

534 11th St.

Frankfort, MI 49635

Architect/Engineer: Foresite Design, Inc.

3269 Coolidge Hwy

Berkley, MI 48072

Construction Manager: The Christman Company

801 Broadway Avenue NW, Suite 300

Grand Rapids, MI 49504

616-454-4454

1. Sealed proposals for all work categories as described in the Project Manual for the above project will be received no later than Tuesday, April 2, 2024 at 1:00 PM. Proposals should be addressed to Brad Kranig, Sr. Project Manager, and delivered to Frankfort

Schools C/O Brad Kranig 534 11th St. Frankfort,, MI 49635, or proposals can be submitted electronically via ProCore.

2. All proposals will be publicly opened via Microsoft Teams Conference call at 1:30PM in:

Microsoft Teams meeting

Join on your computer or mobile app

Join with a video conferencing device

130098559@teams.bjn.vc

Video Conference ID: 119 646 055 8

3. Duplicate proposals shall be submitted to the Construction Manager at the above address on the proposal form provided, in a sealed envelope clearly marked WORK CATEGORY

NO. _______, and shall be identified with the project name and the bidder's name and address.

4. Pre-Bid Conference: Tuesday March 26, 2024 at 1:00 PM virtually via

Meeting ID: 248 206 339 583

Passcode: UCVxhF mailto:130098559@teams.bjn.vc

00 11 13 Advertisement for Bids 00 11 13 - 2

Microsoft Teams meeting

Join on your computer or mobile app

Meeting ID: 268 747 487 002

Passcode: PGL2By

Join with a video conferencing device

130098559@teams.bjn.vc

Video Conference ID: 116 050 819 8

5. Contract documents may be obtained via Procore, or the Builders Exchange of NW

Michigan. A link to either site will be sent upon request. Please email Brad Kranig at brad.kranig@christmanco.com to be granted permission to the documents.

6. All questions are to be directed to the Construction Manager. No direct contact with the

Owner or Architect is requested.

7. All contractors bidding on work must be bondable and must include in their bid the cost for furnishing a Co-Obligee Labor and Material Payment Bond and a Co-Obligee

Performance Bond. On the proposal form the contractor will identify a cost to be deducted from their bid should bonds not be required.

8. Each Proposal shall be accompanied by a certified check, cashiers' check, money order, or bid bond made payable to The Christman Company in an amount not less than five percent

(5%) of the base bid as a bid security. The Bid Security of Bidders under consideration will be returned immediately after award of contracts by the Construction Manager. The amount of the guarantee shall be forfeited to the Owner if the successful Bidder fails to enter into a contract and furnish required bonds and insurance within 30 days after award of contracts.

9. All proposals submitted shall remain valid for a period of sixty (60) days after the bid date.

The Owner, Architect and Construction Manager reserve the right to waive any irregularities, reject any or all proposals, or accept any proposal, which, in their opinion, will serve their best interest.

10. Bidders must certify that they are not an “Iran-linked” business.

11. Each Proposal 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 Board or the Superintendent of the school district.

END OF SECTION

mailto:130098559@teams.bjn.vc

00 21 13 INSTRUCTIONS TO BIDDERS 00 21 13 - 1

00 21 13 INSTRUCTIONS TO BIDDERS

1. ARTICLE 1, SCOPE OF PROPOSALS

1.1 This is a "Construction Manager Project" for which The Christman Company is the

"Construction Manager” For this portion of this project the successful bidders will become "Trade Contractors" and will enter into "Trade Contracts" with the

Construction Manager. The Construction Manager will administer separate Trade

Contracts for all Work Categories involved in the project. The project will be controlled, coordinated, and scheduled by the Construction Manager on behalf of the

Owner.

1.2 Provisions shall be such that the Trade Contractor will assume the Construction

Manager’s obligations to the Owner for the portion of the work performed by each

Trade Contractor.

1.3 Proposals: Separate proposals for the Work Categories included in this phase of the construction will be received by the Construction Manager. The time and place where proposals shall be received and a listing of the Work Categories included in this phase of the work are included in the Advertisement for Bids.

2. ARTICLE 2, BIDDER'S REPRESENTATION

2.1 Each Bidder by making his bid, represents that he has read and understands the bidding documents, and that they visited the site and familiarized himself with the local conditions under which the work is to be performed. No plea of ignorance of conditions that exist, or of any other relevant matter concerning the work to be performed in the execution of the work will be accepted as justification for failure to fulfill every detail of all the requirements of the Contract Documents. The Bidder, if awarded the Contract, shall not be allowed any extra compensation by reason of any matter or thing concerning which such Bidder did not fully inform himself prior to the bidding.

3. ARTICLE 3, BIDDING PROCEDURES

3.1 Proposals shall be submitted in duplicate, only on the forms provided by the

Construction Manager, all blank spaces shall be fully filled in, including Addenda, Alternates, Price Breakouts, Unit Prices and Bidder's Certificate where applicable. All designations and prices shall be fully and clearly set forth with the amount of the bid stated in words and repeated in numerical figures. In cases of variations, the worded amount shall prevail. Erasures or other changes in the bid shall bear the signature of the Bidder. Insert N/A in those blanks on the Proposal Form that are not applicable.

Separate Proposal Forms shall be prepared for each Work Category.

3.2 The bids shall be on the basis of a Lump Sum. Proposals shall not contain any added recapitulation of the work to be done as otherwise the proposal may be declared

00 21 13 INSTRUCTIONS TO BIDDERS 00 21 13 - 2

irregular. Oral, telegraphic or telephonic modifications of the work and/or the bid amounts shall not be considered.

3.3 The Architect or Construction Manager will make clarifications and corrections by the issuance of an addendum to all Bidders recorded in the Construction Manager's office as having in their possession a set of bidding documents. Addenda shall also be issued to all plan rooms in which bidding documents are on file.

3.4 It shall be the responsibility of the Bidders on record to provide all of their prospective sub-bidders with the information contained in any addenda.

3.5 Duplicate proposals shall be submitted in an opaque envelope, clearly marked

"PROPOSAL FOR WORK CATEGORY NO. ______, and shall be identified with the

Project Name and the Bidder's name and address.

3.6 Proposals for this phase of the work will be received at the time and place indicated in the "Advertisement for Bids”.

3.7 An award of Contracts: Each Work Category or combination of Work Categories will be awarded based on the dollar value of the proposal, qualifications of the

Contractor, his ability to perform the work, and in the best interest of the Owner.

4. ARTICLE 4, EXAMINATION OF THE SITE

4.1 Each Bidder shall carefully examine the site of the project and surrounding territory;

the means of approach to the site, and the structure of the ground, and make all necessary investigations required to inform himself thoroughly and fully as to facilities for delivering, storing, placing and handling of materials and equipment, and to inform himself fully as to all difficulties that may be encountered in the complete execution of all work in accordance with the Contract Documents.

4.2 Should a bidder find apparent discrepancies in, or omission from the Contract

Documents, or should he be in doubt as to their true meaning, or should he have any questions regarding any work or material intended, then such Bidder, either Trade

Contractor or Trade Subcontractor, shall submit to the Architect, through the

Construction Manager, a written request for an interpretation thereof. The person submitting the request shall be responsible for its prompt delivery and such request must be delivered to the Architect by the Construction Manager at least five days before the opening of proposals.

4.3 Any verbal information obtained from, or statements made by a representative of the

Owner, Architect, or the Construction Manager at the time of examination of the

Contract Documents or Site shall not be construed as in any way amending the

Contract Documents. Only such corrections or addenda as are issued in writing to all Bidders shall become a part of the Contract. Neither the Owner, the Architect, nor the Construction Manager shall be responsible for verbal instructions.

00 21 13 INSTRUCTIONS TO BIDDERS 00 21 13 - 3

5. ARTICLE 5, MODIFICATION OR WITHDRAWAL OF BID

5.1 Bids submitted prior to the time and date designated for receipt of Bids may be modified or withdrawn only by notice to the party receiving Bids. Such notice shall be in writing over the signature of the Bidder, and must be received prior to date and time set for receipt of Bids. Any modification shall be so worded as not to reveal the amount of the original Bid.

6. ARTICLE 6, REJECTION OF BIDS

6.1 The Bidder acknowledges the right of the Construction Manager, Architect, and

Owner to reject any or all bids, and to waive any informality or irregularity in any bid received, or to accept any bid which in the opinion of the Construction Manager, Architect, and Owner shall serve their best interests. In addition, the Bidder recognizes the right of the Construction Manager, Architect, and Owner to reject a bid if the Bidder failed to submit on the date and time required by the bidding documents, or if the bid is in any way incomplete or irregular, including a bid security, if required, is not received with the bid proposal.

7. ARTICLE 7, PERFORMANCE CO-OBLIGEE BOND AND LABOR & MATERIAL

PAYMENT CO-OBLIGEE BOND OWNER AND CONSTRUCTION MANAGER

7.1 The Construction Manager may, prior to the execution of the Contract, require the successful Bidders to furnish Co-obligee bonds, written in favor of the Owner and the

Construction Manager, covering the faithful performance of the Contract and the payment of all obligations arising thereunder in an acceptable form to the Owner and the Construction Manager, and with such sureties secured through the Bidder's usual sources as long as the surety is licensed to do business in the State of Michigan and holds a minimum "A.M. Best" rating of A. Bonds shall be in the amount of 100% of the Contract sum. The premium for such bonds shall be paid by the Bidder. A space has been provided on the Proposal Form for the Bidders to indicate the amount that shall be deducted from their proposals if Bonds are not required. Should they be required, the Bidder shall deliver the bonds to the Construction Manager not later than the date of execution of the Contract. Bonds are required to match the bond format provided. No other bond format shall be used.

7.2 The Bidder shall require the attorney-in-fact who executes the bonds on behalf of the surety, to affix thereto a certified and current copy of his power of attorney indicating the monetary limit of such power.

8. ARTICLE 8, VARIATIONS FROM MATERIALS SPECIFIED

8.1 Wherever materials are specified using names of specific manufacturers, the purpose is to establish a standard of quality and design, and not to limit competition.

Contractors desiring to use materials of manufacturers other than those specified, shall indicate such material, manufacturer, and change of price, if any, in the space

00 21 13 INSTRUCTIONS TO BIDDERS 00 21 13 - 4

provided under the heading "Variations from Materials Specified" on the Proposal

Forms. BASE BID PROPOSALS SHALL INCLUDE ONLY MATERIALS SPECIFIED.

Variations, if accepted, shall be incorporated in the Contract, and the Contract Price adjusted accordingly, and no other materials shall be allowed accept upon written authorization of the Architect, Construction Manager, and Owner.

9. ARTICLE 9, THE CONTRACT FORM

9.1 Unless otherwise provided in the Bidding Documents, the Agreement for the Work shall be between the Trade Contractor and the Construction Manager on the contract form referenced in the Standard form section of the Project Manual (Christman subcontract agreement). By submitting your bid the Trade Contractor fully agrees to accept ALL terms and conditions of The Christman Company Subcontractor

Agreement without modification.

10. ARTICLE 10, TIME OF COMPLETION

10.1 Each Bidder, as evidenced by submitting a proposal, shall agree to abide by the construction schedule dates as indicated in the Contract Documents, as developed during the post bid interview, scheduling meetings, and as required by Construction

Manager. The completion schedule for this project shall be met without exceptions.

11. ARTICLE 11, QUALIFICATION OF BIDDER

11.1 The Owner, Architect, and Construction Manager may make such investigations as they deem necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish all such information and data for this purpose as the

Construction Manager may request within 24 hours, including a list of projects completed, a financial statement, organization of the firm, etc. The Owner reserves the right, based on the advice of the Construction Manager and Architect, to reject any bid if the evidence submitted by, or investigation of such Bidder fails to prove that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

12. ARTICLE 12, TAXES AND CONTRIBUTIONS

12.1 It is understood that the bid prices stated shall include all applicable Federal, State or other Governmental Division taxes and assessments. Also, all contributions for unemployment compensation, health and welfare, old age benefits or other purposes now or hereafter effective during the term of the contract, and the Owner and

Construction Manager shall not be liable for any additional charges therefore.

13. ARTICLE 13, WARRANTY

13.1 All work shall be guaranteed for a period of at least one (1) year and/or as more specifically stated in the contract documents after final payment but not earlier than

00 21 13 INSTRUCTIONS TO BIDDERS 00 21 13 - 5

substantial completion as determined by the Architect, and all service within that period shall be rendered without charge to the Owner.

00 30 00 INFORMATION AVAILABLE TO BIDDERS 00 30 00 - 1

00 30 00 INFORMATION AVAILABLE TO BIDDERS

1. The Construction Manager will be located at 801 Broadway Avenue NW, Suite 300, Grand

Rapids, MI 49504 for questions regarding this Bid Package. Any questions regarding information contained in this Project Manual will be answered following a written request to the Architect through the Construction Manager, and clarified in an addendum. Under no circumstances should any prospective bidder call the Owner or Architect for clarification of the Bidding Documents.

2. AIA CONTRACT FORMS

2.1 Sample AIA Documents are available for review and reference in the Construction

Manager's Main Office.

3. GENERAL CONDITIONS OF THE CONTRACT

3.1 As referenced in specification section 00 77 00.

4. GEOTECHNICAL INVESTIGATION- Not Applicable

5. PRELIMINARY CONSTRUCTION SCHEDULE NARRATIVE

5.1 Time is of the essence on this project. The Project sequencing will be scheduled by the Construction Manager and must be adhered to by all Trade Contractors. Time, labor, material, equipment and possible cost implication of this sequencing and others not fully conceived or described prior to the time of bidding, shall be included in base bid.

5.2 A preliminary schedule is included for reference only. It is emphasized that start dates for work may shift. The bidder shall familiarize himself with expected maximum durations and shall include in his proposal sufficient manpower to meet these requirements. All milestone dates are approximate and are to be used as guidelines for the Trade Contractor’s basis for bid.

5.3 The project will start in June 2024 and adhere to the following milestones.

Activity Description Start Date Completion Date

Submittals/Material Procurement 4/24 5/24

Last Day of School 6/07/24

Sitework 7/24 8/24

Paving 8/24 9/24

Track Surfacing 9/24 10/24

00 30 00 INFORMATION AVAILABLE TO BIDDERS 00 30 00 - 2

5.4 It is the Trade Contractor's responsibility to establish which items of work within the scope of his work category will be affected by the Owner's or other Trade

Contractors operations and coordinate and schedule completion of his work accordingly at no cost to the Owner.

00 40 00 TRADE CONTRACT PROPOSAL PRE-SUBMISSION CHECKLIST 00 40 00 - 1

00 40 00 TRADE CONTRACT PROPOSAL PRE-SUBMISSION CHECKLIST

Trade Contract Proposal Form completely filled out?

Form signed by authorized officer of firm?

Performance and Labor & Material Bond costs included in base bid proposal sum?

(Proposals over $50,000)

All taxes included in base proposal sum?

Bid security (bond or certified check or money order) of at least 5% of base proposal sum included?

Requested alternates & unit prices quoted?

All information (proposal, bond, etc.) Submitted in duplicate?

Proposal submitted in sealed envelope per specifications?

Trade Contractor Information Request form submitted?

Name of Bidder __________________________________________________________

Work Category No. 00 & ___________________________________________________

00 41 00 Trade Contractor Proposal 00 41 00 - 1

00 41 00 TRADE CONTRACT PROPOSAL FORM

To: The Christman Company

801 Broadway Avenue NW, Suite 300

Grand Rapids, MI 49504

Re: Frankfort-Elberta Area Schools

Frankfort- Series 2- High School Track

Reconstruction

Frankfort, MI

Bidders:

Having carefully examined General Conditions, Supplementary Conditions, General

Requirements, Advertisement for Bids, Instructions to Bidders, Proposal Section, Specifications, Drawings, all Addenda issued, Work Category Descriptions, and understanding the scope of work involved in this Work Category (ies) and those that interface with it (them), the undersigned does hereby propose to furnish all labor, materials, insurances, taxes, tools, equipment and services to complete all work required for the Work Category (ies) indicated in accordance with the Work Category Description and the Contract Documents prepared by

Foresite Design, Inc..

BASE PROPOSAL SUM of $: ________________________________________________

(written) _______________________________________________________________

PERFORMANCE & PAYMENT BOND: The Trade Contractor may be required to furnish a Co-

Obligee Labor & Material Payment & Performance Bonds for the full contract amount.

The name of the Bonding Company is: __________________________________________

The sum of $_________________________________to cover cost of furnishing these bonds is included in the base bid.

EXPERIENCE MODIFICATION RATING (EMR):

List the EMR for your firm as determined by your insurance carrier for the past three (3) years.

2024 __________________ 2023_________________ 2022 _________________

ADDENDA: The following Addenda have been received, are hereby acknowledged, and their execution is included in Bid Sums listed herein.

No. __________ Dated _____________

No. __________ Dated _____________

No. __________ Dated _____________

00 41 00 Trade Contractor Proposal 00 41 00 - 2

TIME AND MATERIAL RATES- Labor rates listed below include the following:

Cost of labor including Michigan Single Business Tax, Social Security and Medicare, Federal and

State Unemployment Tax, and Fringe Benefits Under Collective Bargaining Agreements, and

Worker's Compensation Insurance. The rates listed below do not include overhead and/or profit. These rates are only for additions and/or deletions to the contract that could not have been anticipated at the time of the bid.

Trade Straight Time Shift Time 1 ½ Time Double Time

OVERHEAD AND PROFIT (FOR FUTURE CHANGES): Overhead and Profit shall include the following:

Supervision, Forman time, Coordination, Project Manager time, General Conditions, Stocking, Safety, Clean-up, Warranty, Superintendents, Commercial General Liability and Umbrella

Insurances, Wage of Time Keepers, Watchmen and Clerks, Small tools with material value of less than $1,500.00. Incidentals, General Office Expense, and all other expenses not included in Labor

Rates as listed above. The percentage fee for Overhead and Profit on the Contractor’s own work shall be 15% of net cost. The percentage fee for Overhead and Profit on Subcontractor’s work shall be 5% (see log).

MANDATORY ALTERNATES:

Reference Specification Section 01 10 00 for alternate descriptions.

6 Lane Track Add/Deduct $____________________

UNIT PRICES:

00 41 00 Trade Contractor Proposal 00 41 00 - 3

VOLUNTARY ALTERNATIVES (Variations From Materials Specified):

Undersigned proposes the following voluntary alternates for materials and/or equipment specified, it being understood that, should any voluntary alternate(s) be accepted by the Owner, applicable amount(s) hereinafter listed will be added to or deducted from the Base Bid. (No voluntary alternates are required)

Vol #1___________________________ Add/Deduct $____________________

Vol #2___________________________ Add/Deduct $____________________

Vol #3___________________________ Add/Deduct $____________________

SCHEDULE:

The undersigned if awarded a Contract, agrees to work concurrently with the work of other

Trade Contractors and the Construction Manager, according to the "Approved Construction

Schedule."

MATERIAL PROCUREMENT:

List any project specific long lead materials that may impact the project schedule.

Item ___________________________ Lead Time (wks) ____________________

Item ___________________________ Lead Time (wks) ____________________

Item ___________________________ Lead Time (wks) ____________________

BIDDER'S CERTIFICATE:

I hereby certify that all statements herein are made on behalf of (Name of Corporation, Partnership or Person Submitting a Bid) _________________________________________

A Corporation organized and existing under the laws of the State of _____________________

An individual doing business as ________________________________________________

Date

Signature

Title

00 41 00 Trade Contractor Proposal 00 41 00 - 4

Street Address

City, State Zip Code

Phone

Email

00 45 00 FORM OF SWORN STATEMENT OF FAMILIAL RELATIONSHIP

As required by Section 1267 of the Revised School Code - MCL 380.1267

STATE OF MICHIGAN

COUNTY OF BENZIE

__________________________________, being duly sworn, deposes and says:

That ________________________________ (the "Bidder") has bid to be the (Contractor)

(Trade Contractor) for an improvement to the following described real property located in

Frankfort, Michigan, which is owned by the Frankfort-Elberta Area Schools, and legally described as follows:

Frankfort- Middle School and High School

534 11th St.

Frankfort, Michigan 49635

Or

Frankfort- Elementary School

613 Leelanau Ave

Frankfort, Michigan 49635

That the following is a statement of disclosure of any familial relationship that exists between the owner or any employee of the Bidder and any member of the Frankfort-Elberta Area School

District Board of Education or the Superintendent, as required pursuant to Section 1267 of the

Revised School Code, as amended.

That there are no such familial relationships existing at this time.

That a familial relationship exists between _________________________________, who is an (owner) (employee) of the Bidder and the __________________ (nature of familial relationship - e.g., brother, sister, cousin, etc.) of ________________________, who is (a member of the Board) (the Superintendent).

Deponent

Subscribed and sworn to before me this ________ day of __________________, 2022.

Notary Public, ____________ County, Michigan

My commission expires: __________________

00 45 00.10 IRAN ECONOMIC SANCTIONS ACT CERTIFICATE

In accordance with the Iran Economic Sanctions Act, Michigan 2012 PA 517, effective April 1, 2013, (MCL 129.311, et seq.), (the "Act"), the undersigned certifies in support of its bid or proposal that it is not an Iran linked business as such is defined in the Act.

Contractor:

By:

Dated:

Name:

Title:

Act No. 517

Public Acts of 2012

Approved by the Governor

December 28, 2012

Filed with the Secretary of State

December 28, 2012

EFFECTIVE DATE: April 1, 2013

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Senators Kahn, Marleau, Brandenburg, Anderson, Green and Booher

ENROLLED SENATE BILL No. 1024 AN ACT to prohibit persons who have certain economic relationships with Iran from submitting bids on requests for proposals with this state, political subdivisions of this state, and other public entities; to require bidders for certain public contracts to submit certification of eligibility with the bid; to require reports; and to provide for sanctions for false certification.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the “Iran economic sanctions act”.

Sec. 2. As used in this act:

(a) “Energy sector of Iran” means activities to develop petroleum or natural gas resources or nuclear power in Iran.

(b) “Investment” means 1 or more of the following:

(i) A commitment or contribution of funds or property.

(ii) A loan or other extension of credit.

(iii) The entry into or renewal of a contract for goods or services.

(c) “Investment activity” means 1 or more of the following:

(i) A person who has an investment of $20,000,000.00 or more in the energy sector of Iran.

(ii) A financial institution that extends $20,000,000.00 or more in credit to another person, for 45 days or more, if that person will use the credit for investment in the energy sector of Iran.

(d) “Iran” means any agency or instrumentality of Iran.

(e) “Iran linked business” means either of the following:

(i) A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran.

(ii) A financial institution that extends credit to another person, if that person will use the credit to engage in investment activities in the energy sector of Iran.

(f) “Person” means any of the following:

(i) An individual, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group.

(ii) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in section 1701(c)(3) of the international financial institutional act, 22 USC 262r(c)(3).

(275)

(iii) Any successor, subunit, parent company, or subsidiary of, or company under common ownership or control with, any entity described in subparagraph (i) or (ii).

(g) “Public entity” means this state or an agency or authority of this state, school district, community college district, intermediate school district, city, village, township, county, public authority, or public airport authority.

Sec. 3. (1) Beginning April 1, 2013, an Iran linked business is not eligible to submit a bid on a request for proposal with a public entity.

(2) Beginning April 1, 2013, a public entity shall require a person that submits a bid on a request for proposal with the public entity to certify that it is not an Iran linked business.

Sec. 4. If a public entity determines, using credible information available to the public, that a person has submitted a false certification under section 3(2), the public entity shall provide the person with written notice of its determination and of the intent not to enter into or renew a contract with the person. The notice shall include information on how to contest the determination and specify that the person may become eligible for a future contract with the public entity if the person ceases the activities that cause it to be an Iran linked business. The person shall have 90 days following receipt of the notice to respond in writing and to demonstrate that the determination of false certification was made in error. If a person does not make that demonstration within 90 days after receipt of the notice, the public entity may terminate any existing contract and shall report the name of the person to the attorney general together with information supporting the determination.

Sec. 5. The attorney general may bring a civil action against any person reported under section 4. If a civil action results in a finding that the person submitted a false certification, the person is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the public entity’s investigation, and reasonable attorney fees, in addition to the fine. A person who submitted a false certification shall be ineligible to bid on a request for proposal for 3 years from the date the public entity determines that the person has submitted the false certification.

Sec. 6. The provisions of this act are effective only if Iran is a state sponsor of terror as defined under section 2 of the divestment from terror act, 2008 PA 234, MCL 129.292.

Enacting section 1. This act takes effect April 1, 2013.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor

T R A D E C O N T R A C T O R

Q U A L I F I C A T I O N F O R M

The Christman Company The Christman Building 208 N. Capitol Avenue Lansing, MI 48933 -1357 Phone 517-482-1488 Fax 517-482-3520

00 45 13 TRADE CONTRACTOR INFORMATION REQUEST FORM

Form below can be submitted electronically online following the link below:

https://www.christmanco.com/Bidding/Documents-and-Forms/Pre-Qualification-Form

ALL INFORMATION MUST BE COMPLETED IN ORDER TO BE CONSIDERED FOR

PRE-QUALIFICATION. PLEASE RETURN COMPLETED FORM, ALONG WITH A

CURRENT FINANCIAL STATEMENT TO:

The Christman Company

The Christman Building

208 N. Capitol Avenue

Lansing, MI 48933-1357

Phone: 517-482-1488

Fax: 517-482-3520 www.christmanco.com

Date of Submission:

SUBMITTED BY:

Company Name:

Principal Office Location:

Address:

Branch Office Locations:

Website:

CONTACT PERSON:

Name:

Phone:

Fax:

E-mail:

https://www.christmanco.com/Bidding/Documents-and-Forms/Pre-Qualification-Form

The Christman Company The Christman Building 208 N. Capitol Avenue Lansing, MI 48933-1357 Phone 517-482-1488 Fax 517-482-3520

EMR RATING FOR THE LAST THREE (3) YEARS:

Year EMR

If EMR was above 1.0 at any point over the past 3 years, the following additional information will also be required for submission to process:

• Declaration page from Workers Compensation Insurance Policy.

• Loss runs from Workers Compensation provider for the past 5 years.

• Letter from insurance agent indicating the current and past 2 years EMR’s.

• Letter from the Owner/CEO/President of the company indicating what measures have been implemented to improve their safety performance in the future.

Note: The OSHA website in your location will also be referenced for related information

Type of Business: Corporation Individual

Partnership Joint Venture

Other:

(please specify)

Type of Work: General Construction HVAC

Plumbing Electrical

Other

(please specify)

The Christman Company The Christman Building 208 N. Capitol Avenue Lansing, MI 48933 -1357 Phone 517-482-1488 Fax 517-482-3520

Please check all that apply:

8a – Federal Certification

Disadvantaged Business Enterprise

HUBZone Small Business

LGBTQ Business Enterprise

Minority Business Enterprise (MBE)

Small Business Administration (SBA)

Service Disabled Veteran-Owned Small

Business

Small Disadvantaged Business

Supplier

Union

Veteran Owned

Women Owned

Women Owned Small Business

Detroit

Detroit Based Business

Detroit Headquartered Business

Employs Detroit Residents

Oakland County Based Business

Wayne County Based Business

Grand Rapids

Grand Rapids Based Business

Muskegon Based Business

Greensboro

HUB (State of NC)

Knoxville

Tennessee GoDBE

Tennessee SBE

The Christman Company The Christman Building 208 N. Capitol Avenue Lansing, MI 48933 -1357 Phone 517-482-1488 Fax 517-482-3520

A. ORGANIZATION

1. Number of years your organization been in business as a contractor?

2. Number of years your organization been in business under its present business name?

3. Under what other or former names has your organization operated?

4. If your organization is a corporation, answer the following:

a. Date of incorporation:

b. State of incorporation:

c. President’s name:

d. Vice-president’s name(s):

e. Secretary’s name:

f. Treasurer’s name:

5. If your organization is a partnership, answer the following:

a. Date of organization:

b. Type of partnership (if applicable):

c. Name(s) of general partner(s):

6. If your organization is individually owned, answer the following:

a. Date of organization:

b. Name of owner:

7. If the form of your organization is other than those listed above, describe it and name the principals:

8. Federal Tax ID Number:

The Christman Company The Christman Building 208 N. Capitol Avenue Lansing, MI 48933 -1357 Phone 517-482-1488 Fax 517-482-3520

B. LICENSING

A. List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable.

B. List jurisdictions in which your organization’s partnership or trade name is filed.

C. EXPERIENCE

1. List the categories of work that your organization normally performs with its own forces.

2. Claims and Suits. (If the answer to any of the questions below is yes, please attach details).

a. Has your organization ever failed to complete any work awarded to it?

b. Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers?

c. Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years?

3. Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (if the answer is yes, please attach details).

4. List major construction projects your organization has in progress, giving the name of the project, owner, architect, contract amount, percent complete and scheduled completion.

5. State total worth of work in progress and under contract.

6. List the major projects your organization has completed in the past five years, giving the name of the project, owner, architect, contract amount, date of completion and percentage of the cost of the work performed with your own forces.

7. State average annual amount of construction work performed during the past five years.

The Christman Company The Christman Building 208 N. Capitol Avenue Lansing, MI 48933 -1357 Phone 517-482-1488 Fax 517-482-3520

8. List the construction experience and present commitments of the key individuals of your organization.

D. REFERENCES

1. Trade References:

2. Bank References:

3. Name of Bonding Company:

4. Country of Bonding Company:

5. Name and address of agent:

6. Financing:

E. BONDING STATUS

1. Attach Current Letter From Surety

a. Surety

b. Bonding Agent

c. Bonding Capacity

d. Amount Currently Bonded

F. FINANCIAL STATEMENT

1. Attach a complete (with notes) audited/reviewed/compiled financial statement.

• In order to be issued a contract to work with The Christman Company, financial statements are required

• Contracts of greater than $1,000,000 in value will require that complete (with notes) Audited or Reviewed Statements be submitted.

• In lieu of attaching to qualification, financial statements can be sent directly to chad.ross@christmanco.com or jason.lovett@christmanco.com.

The Christman Company The Christman Building 208 N. Capitol Avenue Lansing, MI 48933 -1357 Phone 517-482-1488 Fax 517-482-3520

2. Is the attached financial statement for the identical organization named on page one?

a. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary).

b. Will the organization whose financial statement is attached act as guarantor of the contract for construction?

By signing this Qualification Statement, Subcontractor certifies that the information provided herein and in any attachments and enclosures is accurate, current, full and complete, and true. Subcontractor further certifies that the information is not in any respect misleading and

Subcontractor has not omitted information that would in any way qualify or tend to call into question the information provided. Subcontractor recognizes that The Christman Company will rely upon the accuracy and completeness of Subcontractor’s responses in determining whether to permit Subcontractor to bid, assessing Subcontractor’s ability (financial or otherwise) to perform, and in awarding work to Subcontractor. Subcontractor agrees that any misstatement, deemed by Christman to be material, whether made innocently, carelessly or fraudulently, may result in damages to Christman and shall be cause for Christman’s rescission and/or termination of any Subcontract Award or Subcontract.

G. SIGNATURE

Dated at this day of , 20

Name of Organization:

(Signature)

Title:

I being duly sworn depose and say that the information herein is true and sufficiently complete so as not to be misleading.

Notary Public:

My Commission Expires:

SUBCONTRACTOR PERFORMANCE BOND

BOND NUMBER: _______________

Subcontractor Performance Bond

Rev 090118

00 61 13.13 Subcontractor Performance Bond

SUBCONTRACTOR:

Address:

As Principal (the Principal), and

SURETY: (or Sureties)

Phone Number:

Email:

As Surety or Co-Sureties (collectively, Surety), and

CONTRACTOR: THE CHRISTMAN COMPANY

Address: 208 N. Capitol Avenue, Lansing, MI 48933

As Obligee (Obligee)

PROJECT:

SUBCONTRACT DATE:

CONTRACT AMOUNT: $

BOND AMOUNT (Penal

Sum):

Dollars

WHEREAS, Principal has by written agreement entered into a Subcontract Agreement or Purchase Order

(Agreement) with Obligee in the amount stated above (Contract Amount) for the performance of work, including warranty obligations (Work), as detailed in the Agreement, which Agreement in its entirety is by reference expressly incorporated into this Bond.

WHEREAS, the amount of this Bond (Penal Sum) is in the amount stated above.

NOW THEREFORE, Principal and Surety are held and firmly bound to Obligee for the payment of the Penal Sum and agree to bind themselves and their respective heirs, administrators, executors, successors and permitted assigns, jointly and severally, firmly as follows:

1. If Principal shall promptly and faithfully perform the Agreement within the time provided therein, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

2. Surety agrees that no change, extension of time, alteration, addition, deletion, amendment, or other modification of the Agreement or the Prime Contract between Obligee and the Project owner, or both, or in the

Work, specifications, drawings, whether material or otherwise, or in the manner, time or amount of payment as provided therein, and whether or not made in the manner as provided therein, shall in any way affect Surety’s obligations on this Bond, except that the Penal Sum of this Bond shall increase directly with any additive amendments to the Agreement provided the additive change(s) do not, either singly or in the aggregate, exceed 20% of the original

Contract Amount. If any change singly or in the aggregate exceeds 20% of the original Contract Amount, Obligee shall obtain Surety’s written consent to increase the Penal Sum. Surety hereby waives notice of any changes, extensions of time, alterations, additions, deletions, amendments, and other modifications to the Agreement.

3. Whenever Obligee has declared Principal to be in default of the Agreement, Surety shall, within twenty (20) calendar days of receipt of Obligee’s declaration of default (Investigation Period), respond as follows, failure of which shall be a material breach of this Bond:

a. Determine the amount for which Surety may be liable and tender the amount to Obligee; or,

b. Notify Obligee that Surety has elected to complete the Work itself or through its agents or contractors in accordance with the terms and conditions of the Agreement, in a manner acceptable to Obligee, and thereafter promptly begin the Work; or,

c. Obtain bids or offers from replacement subcontractors (Completing Subcontractor), reasonably acceptable to Obligee, to complete the Agreement in accordance with its terms and conditions, and upon determination by Surety and Obligee jointly of the lowest responsible bidder or offeror, arrange for new performance and payment bonds from the Completing Subcontractor in a form and from a surety as required by the Agreement, all of which must be completed before expiration of the Investigation Period. Upon execution of the agreement between Completing Contractor and Obligee, Surety shall pay to Obligee, within five (5) days of execution, the difference between the cost to complete the Work and the Contract Balance; or,

d. Arrange to provide financial and/or other assistance to the Principal (Financing) to assist the

Principal with timely completion of the Agreement. This option is subject to Obligee’s concurrence, which concurrence may be withheld in Obligee’s sole discretion.

e. Having made an independent assessment of the facts and circumstances of Obligee’s declaration of default, deny Surety’s liability in whole or in part and provide a detailed explanation of the reasons for its denial, specifying amounts that are disputed and undisputed. Surety shall tender payment of any undisputed amount.

4. Surety may request an extension of up to twenty (20) calendar days (Extension Period) to respond as required by the Bond. Surety shall finance performance of the Work during the Extension Period on a schedule and in a manner acceptable to Obligee. Upon expiration of the Extension Period, Surety shall respond as outlined in paragraph 3.

5. Upon declaration that Principal is in default, Obligee shall have the right, but not the obligation, to immediately proceed to perform or correct the Work and take such other action pursuant to its rights under the

Agreement to mitigate the damages caused by Principal’s default (Mitigation Work). Obligee’s overhead (both field and home office) and profit shall be included in the cost of the Mitigation Work at a markup of 20% to the actual labor, material, equipment, and subcontractor costs Obligee incurs. Obligee shall keep Surety reasonably informed of costs incurred for the Mitigation Work. Obligee shall be entitled to deduct the cost of the Mitigation Work from the Contract Balance. To the extent Obligee’s cost of the Mitigation Work exceeds the Contract Balance, Surety shall, as the Work progresses, promptly and without deduction, reimburse Obligee for such shortage.

Reimbursement by Surety shall reduce the Penal Sum by the amount of Surety’s reimbursement to Obligee.

6. The term Contract Balance means the Contract Amount, as adjusted by any amendments to the Agreement issued before declaration of default, less the amount paid by Obligee to Principal or others in accordance with the

Agreement, less amounts to which Obligee is entitled to a setoff under the Agreement, and less any other amounts for which the Principal or Surety is liable under the Bond or Agreement.

7. Surety shall be liable for:

a. Principal’s responsibilities for correcting defective work, warranty work, latent defects, indemnity, and completion of the Work.

b. Legal, design professional and delay costs resulting or arising from Principal’s default, or resulting or arising from the actions or failure to act of the Surety under paragraph 3 herein, and liquidated damages, or if no liquidated damages are specified in the Agreement, and actual damages caused by delayed performance or non-performance of the Principal.

c. Principal’s responsibilities for damages and set-offs in accordance with the Agreement.

8. If Surety elects to act under paragraph 3, Surety’s liability is limited to Penal Sum, as adjusted pursuant to paragraph 2 above. Notwithstanding the foregoing, Surety shall reimburse Obligee for Obligee’s reasonable attorney fees and costs, which shall not be credited against the Penal Sum, from disputes arising from this Bond.

9. Neither Surety’s payments for Work performed before Obligee’s declaration of default, nor Surety’s payments to Claimants as defined in any payment bond issued by Surety as a companion payment bond to this Bond, shall be credited against the Penal Sum of this Bond.

10. All Information Obligee provides to Surety, whether before or after Surety issues the Bond, is provided by

Obligee voluntarily as a matter of courtesy and is merely an expression of opinion. Furnishing such information is not a guaranty or warranty of the accuracy or correctness and no responsibility or liability is assumed by Obligee as a result of providing such information to Surety. Surety shall not rely on such information in any manner and waives and releases Obligee and Obligee’s surety from any such claims.

11. Surety shall not be liable to Obligee for obligations of the Principal that are unrelated to the Agreement.

12. If this Bond has been furnished to comply with a statutory requirement in the location of the Project, any provision in this Bond conflicting with the statutory requirement shall be deemed deleted and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

13. No right or action shall accrue on this Bond to or for the use of any person or corporation other than

Obligee or its heirs, executors, administrators, assigns or successors.

Principal and Surety cause this Bond to be duly executed and acknowledged as set forth below, on this day of _______________________________.

SUBCONTRACTOR AS PRINCIPAL SURETY

Company: Company:

By: By:

Its: Its: Attorney in Fact

(Impress Corporate Seal)

SUBCONTRACTOR PAYMENT BOND

Subcontractor Payment Bond

00 61 13.16 Subcontractor Payment Bond

SUBCONTRACTOR:

SURETY: (or Sureties)

Phone Number:

Email:

CONTRACTOR: THE CHRISTMAN COMPANY

Address: 208 N. Capitol Avenue, Lansing, MI 48933

PROJECT:

SUBCONTRACT DATE:

CONTRACT AMOUNT: $

BOND AMOUNT: Dollars

Contractor has entered into a Subcontract or Purchase Order (Agreement) with Subcontractor in the amount stated above (Contract Amount) for the Project for the performance of work, including warranty obligations (Work), as detailed in the Agreement. That Agreement is incorporated by reference in its entirety into this Bond.

By virtue of this Bond, Subcontractor and Surety are held and firmly bound to Contractor to pay for labor, materials, and equipment (collectively, “Improvements”) furnished for use in performing the Work and agree to bind themselves and their respective heirs, administrators, executors, successors and permitted assigns, jointly and severally, firmly as follows:

1. Payment Made If Subcontractor promptly pays all sums due Claimants and defends, indemnifies and holds harmless Contractor from claims, demands, liens or suits by any person or entity…