Academic Resource Center Renovation - 2022

WAYNE STATE UNIVERSITY WSU Project No. 080-349977A Division of Finance and Business Operations Wayne State University Academic Resource Center Renovation 2nd Rebid WSU Project Number 080-349977A FOR: Board of Governors Wayne State University Detroit, Michigan Purchasing Agent: Robert Kuhn, Senior Buyer WSU – Procurement & Strategic Sourcing 5700 Cass, Suite 4200 Detroit, Michigan 48202 313-577-3712 RFPTeam3@wayne.edu Owner's Representative: Alycsa Valentine , Project Manager Facilities Planning & Management Design & Construction Services 5454 Cass Wayne State University Detroit, Michigan 48202 Consultant: Andrew Rudnycky Royal Oak, MI 48067 Andrew Rudnycky November 11, 2022 Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A TABLE OF CONTENTS 00002-1 TABLE OF CONTENTS Title Page 00001 Table of Contents 00002 Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 00005 Information

for Bidders 00005 00100 Instructions to Bidders 00100 00250 Notice of Pre-Bid Conference 00250 00300 Form of Proposal & Qualification Statement 00300 00410 WSU Wage Rate Schedule Information 00410 00420 KPI Reporting 00420 00430 Payment Package Document Requirements 00430 00440 Contractor’s Performance Evaluation 00440 00500 Agreement between Contractor and Owner for Construction 00500 00510 Form of Guarantee 00510 00700 General Conditions 00700 00800 WSU Supplementary General Conditions of the Contract for Construction 00800 00850 Drawings 00850 Division 1 - General Requirements 01000 General Requirements 01000 01010 Summary of Work (Includes Scope of Work) 01010 Appendix A Project Specific WSU Wage Schedule (posted separately) https://procurement.wayne.edu/vendors/wage-rates https://procurement.wayne.edu/vendors/wage-rates Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A INFORMATION FOR BIDDERS 00005 - 1 INFORMATION FOR BIDDERS OWNER: Board of Governors Wayne State University PROJECT: Academic Resource Center Renovation 2nd Rebid Project No. 080-349977A LOCATION: Wayne State University 5101 John Lodge Detroit, Michigan 48202 PURCHASING AGENT: Robert Kuhn, Senior Buyer WSU – Procurement & Strategic Sourcing 5700 Cass, Suite 4200 Detroit, Michigan 48202 313-577-3712 RFPTeam3@wayne.edu OWNER'S REPRESENTATIVE: Alycsa Valentine , Project Manager Facilities Planning & Management Design & Construction Services Wayne State University 5454 Cass Avenue Detroit, Michigan 48202 Architect: Andrew Rudnycky Royal Oak, MI 48067 Andrew Rudnycky SPECIAL NOTE: Right to reject any and all proposals, either in whole or in part and to waive any irregularities therein is reserved by the Owner. BIDS ADVERTISED: November 11, 2022 BIDDING: Bidding documents may be obtained by vendors from the University Purchasing Web Site at http://go.wayne.edu/bids beginning November 11, 2022. When visiting the Web Site, click on the "Construction" link in green. Copies of the RFP will not be available at the pre-proposal meeting. Mandatory Pre-Bid Conference: To participate, it is Mandatory that you and/or responsible representatives of your organization attend our pre-bid conference, to be held on November 18, 2022, 1:00pm (Eastern - Detroit Time). Vendors who would like to participate in the pre-bid meeting via a TEAMS Video Conference or Conference Call, may do so via the information below: Microsoft Teams Meeting On-line or via Conference Call Click here to join the meeting Optionally - Dial in at +1 313-261-5339 Conference ID: 925 498 942# OPTIONAL Site Visit (if needed): A Site visit may be scheduled at the conclusion of the pre-bid meeting, at the discretion of the project manager. The tentative date for Site Visit is November 21, 2022, 8:00 a.m.. The University requires all guests to complete a Guest Campus Screener before coming to campus or upon arrival. This tool is available at https://forms.wayne.edu/guest-screening. Additional information on the University’s protocols for COVID- 19 can be found at https://wayne.edu/coronavirus?utm_source=wayne-header. http://go.wayne.edu/bids https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmYyNjU3M2ItZTc2Yy00OGU1LTkyNzgtYzJhY2Y2YWQyOWU0%40thread.v2/0?context=%7b%22Tid%22%3a%22e51cdec9-811d-471d-bbe6-dd3d8d54c28b%22%2c%22Oid%22%3a%2249dc5b54-4245-4142-83f5-13bdd8974944%22%7d tel:+1%20313-261-5339,,677687693# https://forms.wayne.edu/guest-screening https://wayne.edu/coronavirus?utm_source=wayne-header Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A INFORMATION FOR BIDDERS 00005 - 2 DUE DATE FOR QUESTIONS: Due Date for questions shall be November 22, 2022 at 12:00 Noon. All questions must be reduced to writing and emailed to the attention of Robert Kuhn, Senior Buyer at RFPTeam3@wayne.edu. Bids Due: Proposals for lump-sum General Contract will be received by electronic submission on November 28, 2022, until 2:00 p.m. (local time). The link for bid submission will be posted with the bid details at http://go.wayne.edu/bids beginning November 11, 2022. Vendors are required to combine documents into one PDF to ensure no portion of your response is inadvertently omitted. This includes your bid, bid bond, and any other documents. No public bid opening will be held. Bid Qualification Meeting: Bidders must be available for a bid prequalification meeting, as soon as the day following the bid opening. The lowest qualified bidder will be contacted and requested to meet with Facilities Planning & Management at their office located at 5454 Cass Avenue, Detroit, MI 48202. During this meeting, the Vendor must provide a Project Schedule and a Schedule of Values, including a list of Contractor’s suppliers, subcontractors, and other qualifications. If all aspects of the bid are in order, an unsigned contract will be given to the successful Contractor as soon as it’s available. The Contractor has 5 business days to return the contract to the Project Manager for University counter signature. The contractor must also submit a Performance Bond as outlined above, and a Certificate of Insurance in the same 5 business day period. In the event the Contractor fails to return the documents in this 5-day period, the University reserves the right to award the contract to the next lowest qualified bidder. All available information pertaining to this project will be posted to the Purchasing web site at http://go.wayne.edu/bids. Information that is not posted to the website is not available/not known http://go.wayne.edu/bids http://go.wayne.edu/bids Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A INSTRUCTIONS TO BIDDERS 00100 - 1 INSTRUCTIONS TO BIDDERS OWNER: Board of Governors Wayne State University PROJECT: Academic Resource Center Renovation 2nd Rebid Project No. 080-349977A LOCATION: Wayne State University 5101 John Lodge, Detroit, Michigan 48202 PURCHASING AGENT: Robert Kuhn, Senior Buyer WSU – Procurement & Strategic Sourcing 5700 Cass, Suite 4200 Detroit, Michigan 48202 313-577-3712 RFPTeam3@wayne.edu 1. PROPOSALS A. Procurement will receive Proposals for the work as herein set forth on November 28, 2022, until 2:00 p.m. (local time). The link for bid submission will be posted with the bid details at http://go.wayne.edu/bids. No public bid opening will be held. B. Proposals shall be for a lump-sum General Contract for the entire work of the Project as provided in the Form of Proposal. C. Proposals shall be submitted by electronic submission on forms furnished with the Bidding documents. The link for bid submission will be posted with the bid details at http://go.wayne.edu/bids beginning November 11, 2022. The forms must be completed in its entirety and must be signed, and the completed forms shall be without alterations, interlineations, or erasures. Forms shall contain no recapitulations of the work to be done. D. All base bids must be conforming to the detailed specifications and drawings provided by the University, including any Addenda issued. Voluntary Alternates will only be considered if the Contractor has also submitted a conforming base bid. Any stipulation of voluntary alternates or qualifications contrary to the Contract requirements made by the Bidder in or accompanying his proposal as a condition for the acceptance of the Contract will not be considered in the award of the Contract and will cause the rejection of the entire Proposal. E. The competency and responsibility of Bidders will be considered in making the award. The University is not obligated to accept the lowest or any other bids. The University reserves the right to reject any and all bids and to waive any informalities in the Proposals. 2. PROPOSAL GUARANTEE A. A satisfactory Bid Bond executed by the Bidder and Surety Company, in an amount equal to not less than five percent (5%) of the maximum proposal amount shall be submitted with each Proposal, which amount may be forfeited to the Board of Governors, Wayne State University, if the successful Bidder refuses to enter into a Contract within ninety (90) days from receipt of Proposals. B. Bond must be issued by a Surety Company with an A or A- rating as denoted in the AM Best Key Rating Guide. http://go.wayne.edu/bids http://go.wayne.edu/bids Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A INSTRUCTIONS TO BIDDERS 00100 - 2 C. Bid bonds shall be accompanied by a Power of Attorney authorizing the signer of the bond to do so on behalf of the Surety Company. D. Withdrawal of Proposals is prohibited for a period of ninety (90) days after the actual date of opening thereof. 3. CONTRACT SECURITY A. The successful Bidder will be required to furnish a Performance Bond and Labor and Material Payment bond in an amount equal to 100% of the contract award amount, and include such cost in the Proposal, complying with University policy and the laws of the State of Michigan. B. Performance Bond and Labor and Material Payment Bond shall be from a surety company acceptable to the Owner and made payable as follows: (1) A bond for 100% of the contract award amount to the Board of Governors of Wayne State University, and guaranteeing the payment of all subcontractors and all indebtedness incurred for labor, materials, or any cause whatsoever on account of the Contractor in accordance with University policy and the laws of the State of Michigan relating to such bonds. (2) A bond for 100% of the contract award amount to the Board of Governors of Wayne State University to guarantee and insure the completion of work according to the Contract. C. The only acceptable Performance Bond shall be the AIA A312 – 2010. D. Bond must be issued by a Surety Company with an A or A- rating as denoted in the AM Best Key Rating Guide. 4. BOND CLARIFICATION For bids below $50,000.00, A. Bid bond will not be required. B. Performance and Material & Labor Payment bonds will not be required. 5. INSPECTION A. Before submitting its Proposal, each Bidder shall be held to have visited the site of the proposed work and to have familiarized themselves as to all existing conditions affecting the execution of the work in accordance with the Contract Documents. No allowance or extra consideration on behalf of the Contractor will subsequently be made by reason of its failure to observe the Conditions or on behalf of any subcontractor for the same reason. 6. EXPLANATION TO BIDDERS AND ADDENDA A. Neither the Owner nor Representative nor Purchasing Agent will give verbal answers to any inquiries regarding the meaning of drawings and specifications, and any verbal statement regarding same by any person, previous to the award, shall be unauthoritative. B. Any explanation desired by Bidders must be submitted in writing to the Purchasing Agent, and if explanation is necessary, a reply will be made in the form of an Addendum, a copy of which will be distributed via the appropriate Listserv maintained by Procurement & Strategic Sourcing, and will be posted to the website. B. All addenda issued prior to date of receipt of Proposals shall become a part of these Specifications, Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A INSTRUCTIONS TO BIDDERS 00100 - 3 and all proposals are to include the work therein described. 7. INTERPRETATION OF CONTRACT DOCUMENTS A. If any person contemplating submitting a bid for the proposed Contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, he may submit to the Purchasing Agent, a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the Contract Documents will be made by an addendum duly issued. A copy of such addendum will be posted to the website and distributed via the listserv. Each proposal submitted shall list all addenda, by numbers, which have been published prior to the time scheduled for receipt of proposal. 8. SUBSTITUTION OF MATERIALS AND EQUIPMENT A. Whenever a material, article or piece of equipment is identified on the Drawings or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or the like, it is so identified for the purpose of establishing a standard, and any material, article, or piece of equipment of other manufacturers or vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided that the material, article, or piece of equipment so proposed is, in the opinion of the Architect, of equal substance, appearance and function. It shall not be purchased or installed by the Contractor without the Architect's written approval. 9. TAXES A. The Bidder shall include in his lump sum proposal and make payment of all Federal, State, County and Municipal taxes, including Michigan State Sales and Use Taxes, now in force or which may be enacted during the progress and completion of the work covered. Information regarding the State of Michigan sales and use tax laws can be found in SOM Revenue Administrative Bulletin 2016-18. 10. REQUIREMENTS FOR SIGNING PROPOSALS AND CONTRACTS A. The following requirements must be observed in the signing of proposals that are submitted: (1) Proposals that are not signed by individuals making them shall have attached thereto a Power of Attorney, evidencing the authority to sign the Proposal in the name of the person for whom it is signed. (2) Proposals that are signed for partnership shall be signed by all of the partners or by an Attorney-in-Fact. If signed by an Attorney-in-Fact, there must be attached to the Proposal a Power of Attorney evidencing authority to sign the Proposal, executed by the partners. (3) Proposals that are signed for a corporation shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation, manually written in the line of the Form of Proposal following the words "signed by". If such a proposal is signed by an official other than the President of the Corporation, a certified copy of resolution of the Board of Directors, evidencing the authority of such official to sign the bid, shall be attached to it. Such proposal shall also bear the attesting signature of the Secretary of the Corporation and the impression of the corporate seal. 11. QUALIFICATIONS OF BIDDERS A. The Owner may request each of the three (3) low bidders to submit information necessary to satisfy the Owner that the Bidder is adequately prepared to fulfill the Contract. Such information may include http://www.forms.procurement.wayne.edu/Adv_bid/RAB_2016-18_Sales_and_Use_Tax_in_Construction_Industry-replaces_1999-2.pdf Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A INSTRUCTIONS TO BIDDERS 00100 - 4 past performance records, list of available personnel, plant and equipment, description of work that will be done simultaneously with the Owner's Project, financial statement, or any other pertinent information. This information and such other information as may be requested will be used in determining whether a Bidder is qualified to perform the work required and is responsible and reliable. 12. SPECIAL REQUIREMENTS A. The attention of all Bidders is called to the General Conditions, Supplementary General Conditions, and Special Conditions, of which all are a part of the Specifications covering all work, including Subcontracts, materials, etc. Special attention is called to those portions dealing with Labor Standards, including wages, fringe benefits, Equal Employment Opportunities, and Liquidated Damages. B. Prior to award of the project, the apparent low bidder will be required to produce a schedule of values which will include the proposed subcontractors for each division of work and whether the subcontractor is signatory or non-signatory. A contract will not be issued to the apparent low bidder until this document is provided. A contractor will have 5 business days to produce this document. If the required document is not received within this time, the bidder will be disqualified. 13. NOTICE OF AWARD/ACCEPTANCE OF BID PROPOSAL A. The Proposal shall be deemed as having been accepted when a copy of the Contract (fully executed by both the vendor and the appropriate signatory authority for the University), with any/all Alternates, Addenda, and Pre-Contract Bulletins, as issued by the office or agent of the Owner has been duly received by the Contractor. After signing the Contracts, the Contractor shall then return all copies, plus any required bonds and certificates of insurance, to the office of the Owner's Representative, at 5454 Cass, Wayne State University, Detroit, MI 48202. Construction will begin when the fully- executed contract has been returned to the Contractor. 14. TIME OF STARTING AND COMPLETION A. It is understood that the work is to be carried through to substantial completion with the utmost speed consistent with good workmanship and to meet the established start and completion dates. B. The Contractor shall begin work under the Contract without delay, upon receipt of a fully-executed contract from the Owner, and shall substantially complete the project ready for unobstructed occupancy and use of the Owner for the purposes intended within the completion time stated in the Contract. C. The Contractor shall, immediately upon receipt of fully-executed contract, schedule his work and expedite deliveries of materials and performance of the subcontractors to maintain the necessary pace for start and completion on the aforementioned dates. 15. CONTRACTOR’S PERFORMANCE EVALUATION In an effort to provide continuous process improvement regarding the construction of various university projects, Wayne State University is embarking upon a process of evaluating the contractor’s overall performance following the completion of work. At the conclusion of the construction project a subjective evaluation of the Contractor’s performance will be prepared by the Project Manager and the supervising Director of Construction. The evaluation instrument that will be used in this process is shown in Section 00440-01 - Contractor’s Performance Evaluation. 16. BIDDING DOCUMENTS A. Bid specifications are available online beginning November 11, 2022 through Wayne State University Procurement & Strategic Sourcing’s Website for Advertised Bids: http://go.wayne.edu/bids. The http://go.wayne.edu/bids Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A INSTRUCTIONS TO BIDDERS 00100 - 5 plans for this project can be viewed in advance and/or printed from the above website. Copies of the RFP will not be available at the pre-proposal meeting. . B. DOCUMENTS ON FILE (1) Wayne State University Procurement & Strategic Sourcing’s Website. All available information pertaining to this project will be posted to the Purchasing web site at http://go.wayne.edu/bids. Information that is not posted to the website is not available/not known. (2) Notification of this Bid Opportunity has been sent to those entities registered with our ListServ. Available ListServs can be found at http://www.forms.procurement.wayne.edu/Adv_bid/Adv_Bid_Listserve.html (3) Please note: Bid notices will be sent only to those Vendors registered to receive them via our Bid Opportunities list serve. To register, to http://go.wayne.edu/bids, and click on the “Join our Listserve” link at the top of the page. 15. Smoke and Tobacco-Free Policies On August 19, 2015, Wayne State joined hundreds of colleges and universities across the country that have adopted smoke- and tobacco-free policies for indoor and outdoor spaces. Contractors are responsible to ensure that all employees and all subcontractors’ employees are in compliance anytime they are on WSU’s main, medical, or extension center campuses. The complete policy can be found at http://wayne.edu/smoke-free/policy/. http://go.wayne.edu/bids http://wayne.edu/smoke-free/policy/ Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A NOTICE OF (PREBID BID OPTION) PRE-BID CONFERENCE 00250 - 1 Notice of Mandatory Pre-Bid Conference PROJECT: Academic Resource Center Renovation 2nd Rebid, PROJECT NOS.: WSU PROJECT NO. 080-349977A It is Mandatory that each Contractor proposing to bid on this work must attend a pre-bid conference as a condition for submitting a proposal. Pre-registration for the meeting is to be made on or before Noon on, November 17, 2022. Please use our online registration form to confirm your attendance. The link for the registration form will be posted with the proposal details at http://go.wayne.edu/bids. The pre-bid meeting will be held on November 18, 2022, 1:00pm (Eastern - Detroit Time). Mandatory Pre-Bid Conference: To participate, it is Mandatory that you and/or responsible representatives of your organization attend our pre-bid conference, to be held on November 18, 2022, 1:00pm (Eastern - Detroit Time). Vendors who would like to participate in the pre-bid meeting via a TEAMS Video Conference or Conference Call, may do so via the information below: Microsoft Teams Meeting On-line or via Conference Call Click here to join the meeting Optionally - Dial in at +1 313-261-5339 Conference ID: 925 498 942# The purpose of this conference is to clarify the procedures, scope of work, and to identify any omissions and/or inconsistencies that may impede preparation and submission of representative competitive bids. In the event that less than 3 individual contractor firms attend the pre-bid conference, the University reserves the right, at its sole discretion, to either reschedule the pre-bid conference or proceed and offer a second pre-bid conference date. (Attendance at only one pre-bid conference will be required). Minutes of the conference shall be posted to the Website at http://go.wayne.edu/bids. Any clarifications or corrections that cannot be made at the conference will be by Addendum. All available information pertaining to this project will be posted to the Purchasing web site at http://go.wayne.edu/bids. Information that is not posted to the website is not available/not known. http://go.wayne.edu/bids http://go.wayne.edu/bids https://teams.microsoft.com/l/meetup-join/19%3ameeting_NmYyNjU3M2ItZTc2Yy00OGU1LTkyNzgtYzJhY2Y2YWQyOWU0%40thread.v2/0?context=%7b%22Tid%22%3a%22e51cdec9-811d-471d-bbe6-dd3d8d54c28b%22%2c%22Oid%22%3a%2249dc5b54-4245-4142-83f5-13bdd8974944%22%7d tel:+1%20313-261-5339,,677687693# http://go.wayne.edu/bids http://go.wayne.edu/bids http://go.wayne.edu/bids Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A NOTICE OF (PREBID BID OPTION) PRE-BID CONFERENCE 00250 - 2 AGENDA I. Welcome and Introductions A. Wayne State University Representatives B. Vendor Representatives C. Sign in Sheet- be sure to include your company name and representative in attendance on the sign in sheet. II. Brief Overview of Wayne State University A. Purpose and Intent of RFP. B. Detailed review of the RFP and the requirements for a qualified response. C. Review of all pertinent dates and forms that are REQUIRED for a qualified response. III. Vendor Questions/Concerns/Issues A. Questions that can be answered directly by the appropriate person in this meeting will be answered and both question and answer will be recorded in the minutes of the meeting. B. Questions that need to be researched will be answered and a nature of clarification will be emailed to the appropriate ListServ. See http://www.forms.purchasing.wayne.edu/Adv_bid/Adv_Bid_Listserve.html for a list of ListServ Bid Lists. C. Minutes will be emailed to the appropriate ListServ. D. Questions and concerns that come up after this meeting are to be addressed to Robert Kuhn, Procurement & Strategic Sourcing. Discussion with other University members is seriously discouraged and could lead to disqualification from further consideration. All questions and answers will be recorded and emailed to all participants of the RFP. E. Due date for questions is November 22, 2022, 12:00 noon. IV. Minimum Participation A. Pre-registration for the Pre-Bid meeting is required. In the event that we do not have 3 or more eligible bidders pre- registered, the University reserves the right to postpone the Pre-bid meeting with up to 4 business hour notice. B. If less than 3 individual contractor firms attend the Mandatory pre-bid meeting, the University reserves the right, at its sole discretion, to either reschedule the pre-bid conference or proceed and offer a second pre-bid conference date. (Attendance at only one pre-bid conference will be required). C. On the day of the bid opening, if less than 3 sealed bids are received, the University reserves the right, at its sole discretion, to rebid the project in an effort to obtain greater competition. If the specifications are unchanged during the rebid effort, any contractor who submitted a bid will be given the option of keeping its bid on file for opening after the second bid effort, or of having the bids returned to them unopened. V. Proposal Due Date: November 28, 2022, 2:00 p.m. VI. Final Comments VII. Adjourn Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A FORM OF PROPOSAL FOR THE GENERAL CONTRACT 00300 - 1 VENDOR NAME GENERAL CONTRACT - PROPOSAL FORM Sealed proposals for lump-sum General Contract will be received at the office of the Procurement & Strategic Sourcing by electronic submission on November 28, 2022, until 2:00 p.m. (local time). The link for bid submission will be posted with the bid details at http://go.wayne.edu/bids beginning November 11, 2022. Please Note – Vendors must Pre-qualify themselves when responding to this bid opportunity. Our Prequalification questions can be found on page 4 of this section. OWNER: Board of Governors Wayne State University PROJECT: Academic Resource Center Renovation 2nd Rebid PROJECT NO.: WSU PROJECT NO. 080-349977A PROJECT TYPE: General Construction Work PURCHASING AGENT: Robert Kuhn, Senior Buyer WSU – Procurement & Strategic Sourcing 5700 Cass, Suite 4200 Detroit, Michigan 48202 313-577-3712 RFPTeam3@wayne.edu OWNER'S REPRESENTATIVE: Alycsa Valentine , Project Manager Design & Construction Services Facilities Planning & Management 5454 Cass Avenue Detroit, Michigan 48202 TO: Board of Governors Wayne State University Detroit, Michigan BASE PROPOSAL: The undersigned agrees to enter into an Agreement to complete the entire work of the Academic Resource Center Renovation 2nd Rebid project (WSU Project No. 080-349977A) in accordance with the Bidding Documents for the following amounts: $ Dollars http://go.wayne.edu/bids Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A FORM OF PROPOSAL FOR THE GENERAL CONTRACT 00300 - 2 ALTERNATE NO. 1: Remove scope for shower partitions and shower rods in Shower 127.6. The undersigned agrees to enter into an agreement to complete the Alternate # 1 work of the project and to provide all labor and material associated with the work in accordance with the Bidding Documents for the following amounts: (select one) ADD $ Dollars or DEDUCT $ Dollars WSU WAGES: Did your company quote based upon Union or WSU Wage Rates as required? Yes No CONFICT OF INTEREST: Are you or any Officer, Owner or Partner in this company an employee of Wayne State University, or have you been an employee within the past 24 months? If Yes, explain below. Yes No Are any immediate family members of any Officer, Owner or Partner in this company employees of Wayne State University? If Yes, explain below. Yes No LAWN REPLACEMENT: The undersigned agrees that, in the event of existing lawn or landscaping damage, due to the Contractor's work, that has not been properly addressed and repaired to the satisfaction of the University, the University may repair/replace the lawn and/or landscaping, and that the expense will be at a unit cost of $15.00 per square yard for lawn, and landscaping at a rate of 1.5 times the cost of said repairs, the full cost of which shall be reimbursed by the contractor. CONTRACT CHANGE The undersigned agrees to the following pricing formula and rates for changes in the ORDERS: contract work: Where changed Work is performed, the Contractor may add to the total estimated actual cost for such Work no more than ten (10%) for subcontractor mark-up and seven and one-half percent (7.5%) for self-performed trade work for profit, overhead, insurance, taxes, indirect supervision, bonds, and any other costs not allowed by section 4.02.01 Within 14 days of the project’s contract execution Contractor shall provide to the Owner; Subcontractor’s hourly labor rate breakdown details. This requirement shall extend to the lowest level of subcontractor participation. * Job and general overhead includes supervision and executive expenses; use charges on small tools, scaffolding, blocking, shores, appliances, etc., and other miscellaneous job expenses. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A FORM OF PROPOSAL FOR THE GENERAL CONTRACT 00300 - 3 ** Net labor cost is the sum of the base wages, fringe benefits established by governing trade organizations, applicable payroll taxes, and increased expense for contractor's liability insurance (Workman's Compensation, P.L. and P.D.). TIME OF COMPLETION: The Contract is expected to be fully executed on or about 25 calendar days after successful bidder qualification and recommendation of award. The undersigned agrees to start construction immediately after receipt of a fully executed contract, and to complete the work as follows: Substantial Completion will be completed no later than February 24, 2023. LIQUIDATED DAMAGES: It is understood and agreed that, if project is not completed within the time specified in the contract plus any extension of time allowed pursuant thereto, the actual damages sustained by the Owner because of any such delay, will be uncertain and difficult to ascertain, and it is agreed that the reasonable foreseeable value of the use of said project by Owner would be the sum of $150.00 per day, and therefore the contractor shall pay as liquidated damages to the Owner the sum of $150.00 per day for each day's delay in substantially completing said project beyond the time specified in the Contract and any extensions of time allowed thereunder. TAXES: The undersigned acknowledges that prices stated above include all applicable taxes of whatever character or description. Michigan State Sales Tax is applicable to the work. Bidder understands that the Owner reserves the right to reject any or all bids and to waive informalities or irregularities therein. ADDENDA: The undersigned affirms that the cost of all work covered by the following Addenda are included in the lump sum price of this proposal. Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date CONTRACTOR'S PREQUALIFICATION STATEMENT & QUESTIONNAIRE: Our Minimum Requirements for Construction Bids are: WSU considers this project: General Construction Work. Criteria Small Project bid less than $50,000 Medium Project bid between $50,001 and $250,000 Large Project bid between $250,001 and $2 million Very Large Project bid greater than $2 million EMR Rating (Experience Modification Rating) 1.0 or Less 1.0 or Less 1.0 or Less 1.0 or Less Bondable Vendor N.A. Required Required Required Length of Time in Construction Business 2 Years 3 Years 5 Years 5 Years Demonstrated Experience in Projects Similar in Scope and Price in the last 3 years 1 or more 1 or more 2 or more 3 or more Unsuccessful Projects None Allowed None Allowed None Allowed None Allowed Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A FORM OF PROPOSAL FOR THE GENERAL CONTRACT 00300 - 4 on Campus in last 3 years Failure to comply with WSU Wage and/or Project Labor requirements None Allowed None Allowed None Allowed None Allowed Withdrawn University Bid (with or without Bond forfeiture) within the last 3 years ** 1 or less 1 or less 1 or less 1 or less Company currently not in Chapter 11 of the US Bankruptcy Code 1 Year 2 Years 3 Years 3 Years ** Withdrawal of a bid is subject to the University suspension policy, for a period up to one year. Contractors must complete the following information to determine their eligibility to participate in this bid. This information is required with your Bid to the University Failure to complete this form in its entirety will result in your bid being disqualified. Check one of the following on the makeup of your company: Corporation Individual Partnership Joint Venture Other (Explain below): Diversity Classification: Please indicate the appropriate diversity classification for your company. The University recognizes the following groups as diverse or disadvantaged: • Majority Owned • Minority Business Enterprises (MBE) • Women Business Enterprises (WBE) • Disabled Veteran Enterprises (DVBE) • Disabled Person Enterprises (DBE) • Veteran Owned Businesses (VBE) • Small Businesses per the US Small Business Administration (SBE) • Other (Please Explain): 1. How many years has your organization been in business as a contractor? 2. How many years has your organization been in business under its present business name? 3. List states in which your organization is legally qualified to do business. 4. Provide the Name and Address of your Liability Insurance Carrier. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A FORM OF PROPOSAL FOR THE GENERAL CONTRACT 00300 - 5 5. What is your current EMR Rating? The minimum requirement is an EMR Rating of 1.0 or less for all projects. Bidders with a rating higher than 1.0 understand that their bid may be disqualified, at the sole discretion of the University. 6. What percentage of work performed on projects are by company employees; excluding any hired subcontracting and outsourced relationships, for the bid submitted? _______ % 7. What percentage of work performed on your company’s behalf are by subcontracted business relationships; disallowing 1099 contracting work forces, for the bid submitted? _______ % 8. Have you ever failed to complete any work awarded to you? If so, attach a separate sheet of explanation. Include the name of the Project, the customer, the dates of the work, and the amount of the contract? 9. Have you withdrawn a bid after a University bid opening and/or refused to enter into a contract with the University upon notification of award within the last 3 years? If so, state the Project Name and Number, and the date of bid submission below. 10. Has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a construction contract? If so, attach a separate sheet of explanation. 11. List the construction experience of the principals and superintendents of your company. Name: __________________________________ Title: _____________________________________ _________________________________________________________________________________ Name: __________________________________ Title: _____________________________________ _________________________________________________________________________________ Name: __________________________________ Title: _____________________________________ _________________________________________________________________________________ 12. List the construction Projects, and approximate dates, when you performed work similar in Scope to this project. Project: ___________________________________ Owner: __________________________________ Contract Amount: ___________________________ Date Completed: _________________________ Project: ___________________________________ Owner: __________________________________ Contract Amount: ___________________________ Date Completed: _________________________ Project: ___________________________________ Owner: __________________________________ Contract Amount:___________________________ Date Completed: _________________________ Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A FORM OF PROPOSAL FOR THE GENERAL CONTRACT 00300 - 6 13. List the construction Projects, and approximate dates, when you performed work similar in Dollar Amount to this project. Project:___________________________________ Owner:__________________________________ Contract Amount: __________________________ Date Completed: _________________________ Project: __________________________________ Owner: __________________________________ Contract Amount: __________________________ Date Completed: _________________________ Project: ___________________________________ Owner: __________________________________ Contract Amount: ___________________________ Date Completed: _________________________ 14. Is your Company “bondable”? Yes No 15. What is your present bonding capacity? $ 16. Who is your bonding agent? NAME: ADDRESS: PHONE: ( ) CONTACT: 17. Does your company agree to provide financial reports to the University upon request? Failure to agree may result in disqualification of your bid? (select one): Yes No 18. Does your company agree that all of the Terms and Conditions of this RFP and Vendor’s Response Proposal become part of any ensuing agreement? (select one): Yes No 19. Does your company agree to execute a contract containing the clauses shown in Section 00500 “Agreement between Contractor and Owner for Construction”? (select one): Yes No If “No”, clearly note any exceptions to any information contained in the contract documents and include with your proposal. Otherwise, a “No” response without documentation will be considered a non-responsive proposal. In addition, any proposed exceptions may or may not be accepted by the University. 20. Does your company agree to comply with the University Smoke and Tobacco Free Policies? Yes No Note: Contractors submitting proposals for this project may, at the discretion of the University, be required to submit references including contact information to be used to assist in the post bid evaluation process for the subject project ACKNOWLEDGEMENT OF The undersigned has read and understands the minimum qualifications MINIMUM QUALIFICATIONS: for University construction projects, and has completed the Prequalification section completely and accurately. The undersigned understands that a contractor, who fails to meet the minimum qualifications in the category identified for this project, will be disqualified from consideration for the project. ACCEPTANCE OF PROPOSAL: The undersigned agrees to execute a Contract, being the Wayne State University standard form titled "Agreement Between Contractor and Owner for Construction" (see section 00500 of the bid documents), provided that we are notified of the acceptance of our Proposal within sixty (60) days of the date set for the opening thereof. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A FORM OF PROPOSAL FOR THE GENERAL CONTRACT 00300 - 7 The undersigned below understands that the bid will be disqualified if the Prequalification information above is not completed in its entirety. NAME OF COMPANY: OFFICE ADDRESS: PHONE NUMBER: DATE SIGNED BY: Signature (Please print or type name here) TITLE EMAIL ADDRESS: @ Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU WAGE RATE SCHEDULE 00410 - 1 WAYNE STATE UNIVERSITY RATE SCHEDULE (revised 11-01-2018) POLICY Wayne State University requires all project contractors, including subcontractors, who provide labor on University projects to compensate at a rate no less than WSU wage rates. The rates of wages and fringe benefits to be paid to each class of laborers and mechanics by each VENDOR and subcontractor(s) (if any) shall be not less than the wage and fringe benefit rates prevailing in Wayne County, Michigan, as determined by the United States Secretary of Labor. Individually contracted labor commonly referred to as “1099 Workers” and subcontractors using 1099 workers are not acceptable for work on any of Wayne State’s properties. Rates for all counties are available at https://wdolhome.sam.gov/, and Procurement will post the schedules quarterly that pertain to Wayne County on its website at http://procurement.wayne.edu/vendors/wage-rates.php. Certified Payroll must be provided for each of the contractor’s or subcontractor’s payroll periods for work performed on any University project. Certified Payroll must accompany Pay Applications, and be fully reconciled with the final Pay Application. Failure to provide certified payroll will constitute a material breach of contract, and pay applications will be returned unpaid, and remain unpaid until satisfactory supporting documents are provided. Additional information can be found on the University Procurement & Strategic Sourcing’s web site at the following URL address: http://procurement.wayne.edu/vendors/wage-rates.php PROCEDURE Construction Bids and other Bids or Proposals for work that includes construction shall contain a WSU Wage Rate clause outlining a contractor’s responsibilities under University policy. Each bid solicitation shall include reference to the most current wage determination schedule that contractors can use when preparing their bids. When compensation will be paid under WSU Wage Rate requirements, the University shall require the following: • The contractor shall obtain and keep an accurate record showing the name and occupation of and the actual wages and benefits paid to each laborer and mechanic employed in connection with this contract. • The contractor shall submit a completed certified payroll document [U.S. Department of Labor Form WH 347] verifying and confirming the WSU Wage and benefits rates for all employees and subcontractors for each payroll period for work performed on this project. The certified payroll form can be downloaded from the Department of Labor website at http://www.dol.gov/whd/forms/wh347.pdf. • A properly executed sworn statement is required from all tiers of contractors, sub-contractors and suppliers which provide services or product of $10,000.00 or greater. Sworn statements must accompany applications for payment. All listed parties on a sworn statement as a subcontractor must submit Partial or Full Conditional Waivers for the amounts invoiced on the payment application. A copy of the acceptable WSU Sworn Statement and Waiver will be provided to the awarded contractor. If the VENDOR or subcontractor fails to pay the WSU rates of wages and fringe benefits and does not cure such failure within 10 days after notice to do so by the UNIVERSITY, the UNIVERSITY shall have the right, at its option, to do any or all of the following: • Withhold a portion of payments due the VENDOR as may be considered necessary by the UNIVERSITY to pay laborers and mechanics the difference between the rates of wages and fringe benefits required by this contract and the actual wages and fringe benefits paid. • Terminate the contract and proceed to complete the contract by separate agreement with another vendor or otherwise, in which case the VENDOR and its sureties shall be liable to the UNIVERSITY for any excess costs incurred by the UNIVERSITY. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU WAGE RATE SCHEDULE 00410 - 2 • Propose to the Associate Vice President for Business Services / Procurement that the Vendor be considered for Debarment in accordance with the University’s Debarment Policy, found on our website at https://policies.wayne.edu/appm/2-8-debarment-policy-on-non-responsible-vendor-in-procurement-transactions Terms identical or substantially similar to this section of this RFP shall be included in any contract or subcontract pertaining to this project. Prior to award of the project, the apparent low bidder will be required to produce a schedule of values which will include the proposed subcontractors for each division of work and whether the subcontractor is signatory or non-signatory. A letter of intent or contract will not be issued to the apparent low bidder until this document is provided. The apparent low bidder will have one week to produce this document. If the required document is not received within this time, the bidder will be disqualified, and the next low bidder will be required to provide this schedule of values. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU WAGE RATE SCHEDULE 00410 - 3 APPENDIX A FOR THE WSU WAGE SCHEDULE FOR THIS PROJECT See web site: http://go.wayne.edu/bids http://go.wayne.edu/bids Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A KPI REPORTING REQUIREMENTS 00420 - 1 Key Performance Indicator Tracking Sworn Statement Requirements The University tracks it’s level of spend along a number of socio-economic categories. This includes it’s spend with Diverse organizations, it’s spend with Detroit based organizations, and it’s spend with Michigan based organizations. To assist with this, The University has the following requirements for submission of your bid and for Pay Applications submitted by the successful contractor. Submission of Bid 1. Diverse or disadvantaged prime contractor: Please specify in your bid whether ownership of your company is a certified diverse or disadvantaged business, according to the categories listed previously in section 00300. In accordance with guidelines from the MMSDC and GL-WBC, the University considers a business to be diverse when it is at least 51% owned, operated, and controlled by one or more members of a diverse classification. Section 00300 has a place for this information on page 00300-3. 2. Detroit based and Michigan Based contractor: It is presumed that the contractor is headquartered at the location we submit our Purchase Orders to, and that it should be the same address as listed in Section 00300 at the signature line. If a supplier is headquartered elsewhere, please make note of this information, so we do not inaccurately include or exclude spend. Pay Applications and Sworn Statements 1. Applicability: The University requires Sworn Statements with Pay Applications for all construction projects that use • Subcontractors greater than $10,000.00 • Significant suppliers (those with a purchase value of $10,000 or more). 2. Sworn Statements: The Supplier must submit applicable monthly sworn statements to the Project Manager and the Buyer of Record, in the format shown on page 2 of Section 00420. Sworn Statements are “always required” for this project, and are to be submitted to (Project_Manager), the project manager, and to Robert Kuhn, Senior Buyer 3. Inclusion: Sworn Statements are to detail the inclusion of recognized diverse and disadvantaged groups in the following 2 categories; Subcontracts or Suppliers. The University recognizes the following groups as diverse or disadvantaged: • Minority Business Enterprises (MBE) • Women Business Enterprises (WBE) • Disabled Veteran Enterprises (DVBE) • Disabled Person Enterprises (DBE) • Veteran Owned Businesses (VBE) • Small Businesses per the US Small Business Administration (SBE) 1. 4. A complete set of the University's Supplier Diversity Program, which includes complete definitions of each of the above, can be downloaded from our web site at http://policies.wayne.edu/administrative/04-02-supplier-diversity.php. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A KPI REPORTING REQUIREMENTS 00420 - 2 Sworn Statement 1 2 3 4 5 6 7 8 9 10 11 12 ____________________________________________________________________________ _________ STATE OF MICHIGAN COUNTY OF _____________________ } § _________________________________________________ , being duly sworn, deposes and says that (s)he makes the Sworn Statement on behalf of ____________________________________, who is the Contractor for an improvement to the following described real property situated in ______________________ County, Michigan, and described as follows: That the following is a statement of each subcontractor and supplier and laborer, for which laborer the payment of wages or fringe benefits and withholdings is due but unpaid, with whom _____________________________ has subcontracted for performance under the contract with the Owner or lessee thereof, and that the amounts due to the persons as of the date thereof are correctly and fully set forth opposite their names, as follows. (Subcontracts or suppliers of values of less than $1,000 are omitted.) * Type of Entity: MBE=Minority Business Enterprises; WBE=Women Business Enterprises; DVBE=Disabled Veteran Enterprises; DBE=Disabled Person Enterprises; VBE=Veteran Owned Businesses; SBE=Small Businesses per the US Small Business Administration Please attach additional sheets if the number of items exceeds the page limit. AMOUNT PAID TO DATE AMOUNT CURRENTLY OWING NO. TO TALS TYPE OF IMPROVEMENT FURNISHED SUBCONTRACTOR (Name, Address, Telephone Number) SUPPLIER OR LABORER S = S u p p li er C = C o n tr ac to r Type of Entity *see below TOTAL CONTRACT PRICE BALANCE TO COMPLETE CONTRACT CHANGE +/- ADJUSTED CONTRACT AMOUNT Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A KPI REPORTING REQUIREMENTS 00420 - 3 (NOTARY STAMP BELOW) Subscribed and sworn to before me this ___________ day of ________________ Rev.4_06.05.15 WARNING TO DEPONENT: A PERSON, WHO WITH INTENT TO DEFRAUD, GIVES A FALSE STATEMENT IS SUBJECT TO CRIMINAL PENALTIES AS PROVIDED IN SECTION 110 OF THE CONSTRUCTION LIEN, ACT, ACT NO. 497 OF THE PUBLIC ACTS OF 1980, AS AMENDED, BEING SECTION 570.2220 IF THE MICHIGAN COMPILED LAWS. That ________________________________________________ has not procured material from, or subcontracted with, any person other than those set forth above and owes no money for the improvement. Deponent further says that _________________________________ makes the foregoing statement as a representative of _________________________________________________________, for the purpose of representing to the owner or lessee of the above-described premises and his or her agents that the above-described property is free from claims of construction liens, or the possibility of construction liens, except as specifically set forth above and except for claims of construction liens by laborers which may be provided pursuant to section 109 of the construction lien act, Act No. 497 of the Public Acts of 1980, as amended, being section 570.1109 of the Michigan Compiled Laws. _______________ County, Michigan - My commission expires: ___________________________________ Notary Public ____________________________________________________ Deponent Signature WARNING TO OWNER: AN OWNER OR LESSEE OF THE ABOVE-DESCRIBED PROPERTY MAY NOT RELY ON THIS SWORN STATEMENT TO AVOID THE CLAIM OF A SUBCONTRACTOR, SUPPLIER, OR LABORER WHO HAS PROVIDED A NOTICE OF FURNISHING OR A LABORER WHO MAY PROVIDE A NOTICE OF FURNISHING PURSUANT TO SECTION 109 OF THE CONSTRUCTION LIEN ACT TO THE DESIGNEE IS NOT NAMED OR HAS DIED. ON RECEIPT OF THIS SWORN STATEMENT, THE OWNER OF LESSEE, OR THE OWNER'S OR LESSEE'S DESIGNEE, MUST GIVE NOTICE OF ITS RECEIPT, EITHER IN WRITING, BY TELEPHONE, OR PERSONALLY, TO EACH SUBCONTRACTOR, SUPPLIER AND LABORER WHO HAS PROVIDED A NOTICE OF FURNISHING UNDER SECTION 109 OR, IF A NOTICE OF FURNISHING IS EXCUSED UNDER SECTION 108 OR 108A, TO EACH SUBCONTRACTOR, SUPPLIER OR LABORER WHO HAS PROVIDED A NOTICE OF FURNISHING OR WHO IS NAMED IN THE SWORN STATEMENT MAKES A REQUEST, THE OWNER, LESSEE, OR DESIGNEE SHALL PROVIDE THE REQUESTER A COPY OF THE SWORN STATEMENT WITHIN 10 BUSINESS DAYS AFTER RECEIVING THE REQUEST. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A PAYMENT PACKAGE DOCUMENT REQUIREMENTS 00430 - 1 WAYNE STATE UNIVERSITY PAYMENT PACKAGE DOCUMENT REQUIREMENTS (Revised 7-23-2015): Review and comply with Section 410 of Bid Front End Documents. Review and comply with Article 15 of the Supplemental General Conditions. PAYMENT APPLICATION - AIA document G702 & G703 (or equivalent) –Checklist: o Correct Project Name – Found on your contract. o Correct Project Number – Found on your contract. o Purchase Order Number – Required prior to beginning work. o Correct Application Number. o Correct Period Reporting Dates – Applications support docs must be sequential and within application range. o Approved & Executed Change Orders Listed. (Cannot invoice for unapproved Change Orders) o Schedule of Values percentages and amounts match the approved Pencil Copy Review – Signed by the Architect, Contractor, and University Project Manager. o Correct Dates – Back dating not accepted. o Signed and Notarized. SWORN STATEMENT – Checklist: o List all contractors, sub-contractors, suppliers... ≥ $10,000.00 o A sworn statement is required from every Sub Contractor on the job with a material purchase or sub- contract of $10,000 or more. (All tiers.) o Purchase Order Number o Dates – Back dating not accepted. o Signed and Notarized. CERTIFIED PAYROLL - Dept. of Labor Form WH-347 – Checklist: (Union and Non-Union) o For every contractor & sub-contractors work, for each week within the application reporting period. o Correct Project Number o List ALL workers on-site. o Make sure their addresses are listed. o Social Security Numbers MUST be blackened out or listed in XXX-XX-1234 format. o Work classifications based on the job specific WSU Wage Schedule descriptions. o For any workers paid at the Apprenticeship rates - proof of enrolled program and current completion required. o Rate of Pay verified against the WSU Wage Schedule with an hourly cost breakdown of fringes paid. o Authorized signatures on affidavit. o Dates – must represent the weeks within the application period. APPLICATION PACKAGE SUPPORTING DOCUMENTATION – o Proof of Ownership for any ‘Owner Operator’ contractors not wishing to claim their time on WSU Wage. – (Must list their hours and dates worked on the WH-347 Form and enter EXEMPT on the income brackets.) The Owner must provide copies of “DBA” registration form confirming status as exempt from WSU Wage requirements. o Proof of Stored Materials – Bill of Lading, Delivery Receipts, Pictures, Certificate of Insurance or endorsement pate specifically insuring stored material at location, and pictures with materials clearly Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A PAYMENT PACKAGE DOCUMENT REQUIREMENTS 00430 - 2 separated and labeled for WSU. The University reserves the right to on site verification of stored materials. o Partial Conditional Waivers – The contractor shall provide covering the entire amount of the application. For non-bonded projects all sub-contractors must provide for all applications which they have a draw. o Partial Unconditional Waivers – Must release amount paid for work and be delivered starting with application #2 and in no case after payment application #3, through all sequential applications for contractors, sub-contractors, and suppliers listed on the Sworn Statements. o Full Unconditional Waivers – Must be delivered with final payment application, releasing all contractors, sub-contractors, suppliers listed on the sworn statements and any legitimate notice of furnishings reconciled. FINAL PAYMENT APPLICATION – Checklist: o Clear and concise As-Built drawings. o Operation and Maintenance Manuals o Process and training directions (if applicable). o Warranty of work in accordance with project documents. o Submittals log and samples installed on the job. o Certificate of Substantial Completion o Full Unconditional Waiver o The Project Manager may provide additional requirements as may apply to individual jobs Revised 11-01-2018 Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A CONTRATOR’S EVALUATION 00440 - 1 Contractor Performance Evaluation In an effort to provide continuous process improvement regarding the construction of various university projects, Wayne State University is embarking upon a process of evaluating the contractor’s overall performance following the completion of work. At the conclusion of the construction project a subjective evaluation of the Contractor’s performance will be prepared by the Project Manager and the supervising Director of Construction. The evaluation instrument that will be used in this process is presented below: Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A CONTRATOR’S EVALUATION 00440 - 2 Contractor Name : __________________________________ Project Name: ______________________________________ Contractor's PM:____________________________________ PM Name:__________________________________________ Superintendent:_____________________________________ Project Number:_____________________________________PO#:___________________ Designer:__________________________________________ EVALUATION SCORING: 1 = Unacceptable, 2 = Less than Satisfactory, 3 = Satisfactory or Neutral, 4 = Good, 5 = Excellent Note: Comments are REQUIRED if any score is less than 3. Write comments on the back of the evaluation. Field Management Score Weight Total 1) Work Planning / Schedule: 1 2 3 4 5 8 2) Compliance with Construction Documents: 1 2 3 4 5 8 3) Safety Plan & Compliance: 1 2 3 4 5 5 4) Compliance with WSU procedures: 1 2 3 4 5 7 5) Effectiveness of Project Supervision: 1 2 3 4 5 8 6) Project Cleanliness: 1 2 3 4 5 3 7) Punch List Performance: 1 2 3 4 5 5 8) Contractor Coordination with WSU Vendors: 1 2 3 4 5 3 9) Construction Quality: 1 2 3 4 5 8 Administrative Management 10) Responsiveness: 1 2 3 4 5 4 11) Contractor communication: 1 2 3 4 5 4 12) Contractor Professionalism: 1 2 3 4 5 3 13) Subcontractor Professionalism: 1 2 3 4 5 3 14) Compliance with Contract Requirements: 1 2 3 4 5 3 15) Submittal\RFI Process: 1 2 3 4 5 4 16) Close-out - Accuracy of Documents 1 2 3 4 5 7 Invoice and Change Management 17) Change Management 1 2 3 4 5 7 18) Applications for Payment 1 2 3 4 5 6 19) Timely payment of Subs/Suppliers: 1 2 3 4 5 4 Total Total 100 20) Level of Self-Performance: Low Med High 21) Would you work with this Contractor again? Yes No 22) Would you work with this team again? Yes No One year follow up 23) Warranty Support: 1 2 3 4 5 Evaluator Signature__________________________________ Date: Title: Name: Please Print Rev. 2-17-2015 RGP Contractor Evaluation Sheet Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A CONTRATOR’S EVALUATION 00440 - 3 We are providing the evaluation instrument at this time to allow the bidder’s to review and understand the criterion that the University’s project management team will use to evaluate the successful bidder’s performance at the conclusion of the project. It is the intent of the university to utilize the results of this evaluation to determine if it will continue to conduct business with the Contractor in future bidding opportunities. The scoring range is between 100 to 500 points, with 100 being low and 500 being high. Each question has an associated ‘weight’ factor, and the higher the weight; the greater the importance of satisfactory performance on the final score. At the conclusion of the project, and after the Project Manager and the supervising Director has prepared their independent evaluation, the University’s project representative will meet with the Contractor to review the results. Acceptable contractor performance is essential to avoid having the University decline future work with the Contractor. An appeals process is available for Contractor disagreement with evaluation scores. Contractors engaged in work are encouraged to maintain an open and regular dialog with the Design and Construction Department over the course of the construction project to ensure that the final evaluation is an accurate representation of the Contractor’s performance. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 1 for Construction General Contracting – Rev. 7-2018 CONSOLIDATED AGREEMENT FOR CONSTRUCTION GENERAL CONTRACTING BOARD OF GOVERNORS OF WAYNE STATE UNIVERSITY DETROIT, MICHIGAN With [GENERAL CONTRACTOR’S NAME] For [NAME PROJECT] Wayne State University Contract Number _________ This Agreement is entered into on ___________________, 20__, by and between the Board of Governors of Wayne State University, called "University" in this Agreement, and [CONTRACTOR NAME], called "Contractor" in this Agreement, to provide construction labor and materials as outlined in the Bid accepted [ENTER DATE HERE], attached to this Agreement as Exhibit A, for the Project described in this Agreement. [ENTER A BRIEF DESCRIPTION OF THE PROJECT] Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 2 for Construction General Contracting – Rev. 7-2018 1.00 CONTRACT DOCUMENTS The Contract Documents shall consist of this Agreement, the Contractor's Bid or Proposal attached to this Agreement as Exhibit A only insofar as consistent with the other Contract Documents, the General Conditions of Construction, the Supplementary General Conditions, the approved plans and specifications, and other documents listed in Article 11, Inclusion by Reference. In the case of conflicts between the Contractor's Bid and this Agreement or other Contract Documents, the language of this Agreement and the other Contract Documents shall prevail over the Contractor’s Bid or Proposal. 2.00 DESIGN PROFESSIONAL The Design Professional for this Project is: [NAME] [ADDRESS] The University intends that the relationship between the Contractor, Design Professional and University will be one of mutual cooperation and respect in order to promote efficiency and quality in the Project work. 3.00 CONTRACTOR'S RESPONSIBILITIES 3.01 Scope of Work The Contractor shall furnish all labor, materials, equipment, project management and construction superintendent services necessary to construct the Work in accordance with the approved Contract Documents and executed Change Orders, including requirements reasonably inferable therefrom. 3.02 Skill and Judgment The Contractor covenants with the University to furnish its best skill and judgment in furthering the interests of the University as defined in the Contract Documents. The Contractor shall perform all obligations under the Contract Documents using efficient business administration, superintendence and best efforts to facilitate the expeditious and timely completion of the Project consistent with the interests of the University as expressed in the Contract Documents. The Contractor acknowledges that significant effort will be invested in complying with the Contractor's Construction Schedule, and in maintaining construction quality. Accordingly, the Contractor further acknowledges that the greatest degree of professionalism is expected from the Contractor and the Design Professional in accomplishing their respective contractual obligations and that when potential conflicts exists, each shall demonstrate appropriate respect, professionalism and cooperation with each other in resolving such conflicts. 3.03 Scheduling The Contractor shall develop a Contractor's Construction Schedule that clearly indicates the interrelationship of activities and defines the critical path of the entire Project. The Contractor shall submit a preliminary Contractor’s Construction Schedule, by the earlier of fifteen (15) days from either the Notice to Proceed or the execution of this Agreement. The Contractor shall provide iterative updates to the Contractor's Construction Schedule with each Application for Payment, but no less than monthly. Upon request by the University, the Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 3 for Construction General Contracting – Rev. 7-2018 Contractor shall prepare and submit a resource-loaded Contractor's Construction Schedule to the University and Design Professional for approval. 3.04 Construction 3.04.1 Subcontracts and Purchase Agreements The Subcontracts shall be solely between the Contractor and the Subcontractors. Nothing in any Subcontract shall establish any contractual relationship between the University and any Subcontractor. However, the University is an intended third-party beneficiary of all Subcontracts, purchase orders and other agreements; the Contractor shall incorporate the obligations of the Contract Documents into its respective Subcontracts, supply agreements and purchase orders. The Contractor will screen and pre-qualify, utilizing appropriate industry standards, potential Subcontractors for the Work keeping in mind the requirement to recruit and encourage Minority/Women Business Enterprise participation. The University shall have the right to review and approve all Subcontractors qualified or rejected for qualification by the Contractor. The Contractor shall notify the University of all Subcontractors to be used, and the Contractor shall remove any Subcontractor to which the University has an objection. The Contractor shall obtain appropriate guarantees and warranties acceptable to the University from the Subcontractors, which shall be for the direct benefit of the University. 3.04.2 Construction Supervision a) The Contractor shall establish sufficient on-site organization, staffing and support as well as clear lines of authority in order to expeditiously complete the Project in accordance with the Contract Documents, in every aspect, on a totally coordinated basis. b) The Contractor shall maintain a competent full-time staff available at the site while Work is being performed to supervise, schedule and coordinate the performance of the Work of all Subcontractors in accordance with the University's objectives including cost, time for completion and quality of the Work. Contractor’s Staffing Plan is attached as Exhibit D to this Agreement. The Staffing Plan shall not be changed, except with the written consent of the University’s Representative unless members of the Project Staff cease to be in the employ of the Contractor. c) The Contractor shall notify the University of the dates, times and locations of conferences with Subcontractors and schedule and conduct regular progress meetings to be attended by all parties in interest including the University to discuss such matters as procedures, progress, job problems, scheduling, coordination, changes, and related matters. d) The Contractor shall take, transcribe and promptly distribute to all parties, including the University, minutes of such progress meetings with the Subcontractors, weekly job meetings and monthly management meetings. e) The Contractor shall maintain an on-site daily log of construction progress, problems and items of special interest. The Contractor shall provide digital photographic files and digital recording showing Project status or progress. Such logs, records, photographs and videos shall be immediately available to the University upon request. f) The Contractor shall furnish monthly written progress reports on the Subcontractors' work in a form acceptable to the University and assist the Design Professional and the University with periodic and final inspections of the Work. At all inspections preceding the final inspection, the Contractor shall furnish a Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 4 for Construction General Contracting – Rev. 7-2018 detailed report to the University of observed discrepancies, deficiencies, and omissions in the Work performed by any Subcontractor. g) The Contractor shall provide and maintain a correct layout of the structures and monitor the Work to verify that all lines and levels are adhered to by the Subcontractors. The Contractor shall immediately report in writing all discrepancies with respect to design details for prompt resolution by the Design Professional. h) The Contractor shall submit any Request for Information (RFI) to the Design Professional and University only after attempting to determine if the requested clarification is contained in the Contract Documents; any RFI shall contain sufficient detail to allow a response within seven (7) calendar days of when the RFI is submitted. In no event shall the response to an RFI be considered delayed unless more than fourteen days have passed since the RFI was submitted. i) The Contractor shall supervise and direct the Work using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents or that which is reasonably inferable for the completion of the Project. j) The Contractor shall be responsible to the University for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing any portion of the Work related to a contract with the Contractor. k) The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities of the University, Design Professional, or by tests, inspections or approvals required or performed by persons other than the Contractor, except where such relief is authorized by the University in writing in accordance with this Agreement. l) The Contractor shall inspect portions of Work performed or portions of existing facilities being renovated in this Project to determine that such portions are in proper condition to receive subsequent Work. Further, the Contractor shall plan for and call for the review of the Work by the University's commissioning agents as required. The Contractor's Construction Schedule shall include activities that recognize this coordination responsibility. 3.04.2.1 Safety The Contractor shall protect adjoining property and nearby buildings, roads, and other facilities and improvements from dust, dirt, debris and other nuisances arising out of Contractor’s operations or storing practices. Dust shall be controlled by sprinkling, negative pressure exhausting or other effective methods acceptable to University. Fugitive dust from interior demolition shall be controlled by negative pressure exhausting. An erosion and sedimentation control program shall be initiated, which includes measures addressing erosion caused by wind and water and sediment in runoff from site. A regular watering program shall be initiated to adequately control the amount of fugitive dust. The Contractor is knowledgeable of and understands that the University may intend to maintain occupancy of certain portions of the existing facility. The Contractor shall exercise precaution at all times for the protection of persons and their property. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s subcontractors or sub-subcontractors; and (3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 5 for Construction General Contracting – Rev. 7-2018 replacement in the course of construction. The Contractor shall install adequate safety guards and protective devices for all equipment and machinery, whether used in the Work or permanently installed as part of the Project. The Contractor shall also provide and adequately maintain all required means of egress, including but not limited to, proper temporary walks, roads, guards, railings, lights, and warning signs. The Contractor shall comply with all applicable laws relating to safety precautions. The Contractor shall establish, maintain and update a Project Specific Safety Program. The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the University and Design Professional. The Contractor shall require each and every one of its subcontractors and Trade subcontractors to comply with all of the provisions of this section. The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in the Contract. 3.04.2.2 Hazardous Condition The University and/or the Design Professional may bring to the attention of the Contractor a possible hazardous situation in the field regarding the safety of personnel on the site. The Contractor shall be responsible for verifying that all local, state, and federal workplace safety guidelines are being observed. In no case shall this right to notify the Contractor absolve the Contractor of its responsibility for monitoring safety conditions. Such notification shall not imply that anyone other than the Contractor has assumed any responsibility for field safety operations. Explosives shall not be used without first obtaining written permission from the University and then shall be used only with the utmost care and within the limitations set in the written permission and in accordance with prudence and safety standards required by law. Storage of explosives on the Project site or University is prohibited. Powder activated tools are not explosive for purposes of this Article; however, such tools shall only be used in conformance with State safety regulations. The Contractor shall immediately make a report to the University’s Police Department and report in writing to the University’s Representative, within eight (8) hours, all accidents whatsoever arising out of, or in connection with, the performance of the Work, whether on or off the Site but on University property, which caused death, personal injury or property damage, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger. If any claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall report promptly the facts in writing to the University’s Representative, giving full details of the claim. 3.04.2.3 University's Right to Stop the Work If the Contractor fails to correct work which is not in accordance with the requirements of the Contract Documents as required, or persistently fails to carry out work in accordance with the Contract Documents, the University Representative, by written order may order the Contractor to stop the Work, or any portion thereof, Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 6 for Construction General Contracting – Rev. 7-2018 until the cause for such order has been eliminated; however, the right of the University to stop the Work shall not give rise to a duty on the part of the University to exercise this right for the benefit of the Contractor or any other person or entity. It is understood that while the Contractor is fully responsible for the safety of the Work, and for the methods of its execution, if the University deems that the Contractor is failing to provide safe conditions, the University may stop the Work under such conditions. However, this ability shall not create such duty on the University. Under no circumstance shall the Contractor be granted a time extension or Contract Sum increase for conditions resulting by a stop work order. 3.04.2.4 University's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a three (3) day period after receipt of written notice from the University to commence and continue correction of such default or neglect with diligence and promptness, the University may after such three (3) day period, without prejudice to other remedies the University may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Design Professional’s additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the University. 3.04.3 Document Management The Contractor shall maintain at the job site, on a current basis, all Project documents including plans, specifications, shop drawings, samples, submittal, purchase orders, Subcontracts, material specifications, and any other related documents, and revisions thereto, which arise out of or relate to the Project, this Agreement or the Work. Prior to final payment, copies of all such records shall be provided to the University. The Contractor shall be responsible for reviewing, processing and paying applications by Subcontractors for progress and final payment. The University will compensate the Contractor monthly based on the requirements of Article 4.04, Application For Payment. The Contractor shall prepare and submit to the University every three months a report of the total M/WBE participation in the Project to demonstrate compliance with Paragraph 3.04.6 together with a projection of M/WBE participation through Final Completion. 3.04.3.1 Review of Contract Documents and Field Conditions by Contractor Execution of the Contract by the Contractor is a representation that the Contractor shall have thoroughly and carefully examined the site of the of Work; investigated any and all conditions which can affect the Work or its cost, including but not limited to, availability of labor, materials, supplies, water, electrical power, roads, access to the site, University episodic and scheduled closures, uncertainties of weather, water tables, the character of equipment and facilities needed to perform the Work, and local conditions under which the Work is to be performed; and further, that the Contractor shall insure that the documents issued for bidding by Trade Contractors reflect the results of this investigation and are adequate to complete the Work. It is the responsibility of the Contractor to be familiar with the materials, equipment, or procedures to be used in the Work, or which in any other way could affect the completion of the Work. Any failure to properly familiarize themselves with the proposed Work shall not relieve the Contractor from the responsibility for completing the Work in accordance with the Contract Documents. Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 7 for Construction General Contracting – Rev. 7-2018 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Project. Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to be consistent with the Contract Documents and the highest standard of care. In the case of an inconsistency between, or perceived omission or error in the Drawings, Specifications, or other Contract Documents which is not clarified by addendum or RFI, or should the Contractor be in doubt as to their exact meaning, the Contractor shall notify the Design Professional and the University prior to performing any related Work. The University shall not be responsible for the Contractor’s misinterpretations of Drawings and Specifications and/or other Contract Documents. The Contractor shall have a continuing duty to read, carefully study and compare the Contract Documents and product data with each other and with information furnished by the University, and shall at once report to the Design Professional and the University errors, inconsistencies, ambiguities and omissions before proceeding with the affected Work. The Contractor shall be liable to the University for damage resulting from errors, inconsistencies or omissions in the Contract Documents, relating to constructability if the Contractor recognized or should have recognized such error, inconsistency, ambiguity or omission and failed to report it to the Design Professional and the University. If the Contractor performs any construction activity which involves such error, inconsistency, ambiguity or omission in the Contract Documents relating to constructability, without such notice to the Design Professional and the University, the Contractor shall assume responsibility for such performance and shall bear all costs attributable for correction. If the Contractor submits authorized substitutes that cost in excess of the Contract Sum which cause coordination conflicts, the Contractor shall bear all costs attributable to correction. The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Design Professional prior to performing any affected Work. The Contractor shall perform the Work in accordance with the Contract Documents. 3.04.4 Cash Flow Estimates and Cost Control At the University’s request, the Contractor shall prepare a Cash Flow Estimate indicating the anticipated schedule of payment application amounts within fifteen (15) days after the Contractor’s Bid has been accepted. The Cash Flow Estimate shall be revised periodically, at least every three months, unless significant deviations are expected or otherwise more frequently as requested by the University. The Contractor shall review requests for changes with the University, and with the University's approval, obtain quotations from affected Subcontractors. Bulletins to Subcontractors shall define the scope of the change and require pricing using either lump sum, time and materials or cost of Work for all items of Work, including overhead and profit as may be defined in the Bid and this Agreement and shall include costs related to schedule delays, if applicable. Where both additions and deductions are involved, each should be calculated separately. Contractor shall be responsible for reviewing the pricing submitted by Subcontractors for accuracy, completeness, and reasonableness. 3.04.5 Minority/Women Business Enterprise Participation The University makes a continuous effort to strongly encourage Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) contractors and supplier to bid on and participate in University contracts. To the fullest extent permitted under federal and Michigan law, you are strongly encouraged to retain the services of WBE and MBE Subcontractors and suppliers of goods and services in connection with performance of this Contract. For purposes of this Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 8 for Construction General Contracting – Rev. 7-2018 Contract, MBE is defined as a business entity in which 51% or minority individuals hold more of the voting shares and interest in the enterprise. The minority ownership of the enterprise shall have management and investment control of the company. WBE is defined as a business entity in which 51% or a woman or women hold more of the voting shares and interest in the enterprise. The female ownership of the enterprise shall have management and investment control of the company. 3.04.7 Time of Completion The Contractor acknowledges that time is of the essence in performing and completing the Work on the Project. Accordingly, the Contractor shall comply with the activity and milestone completion dates as defined in the Contractor's Construction Schedule as mutually agreed by the Contractor, the University and the Design Professional. The Contractor shall provide, prepare and/or participate in developing schedules, submittals, shop drawings, construction schedules, close out documents, or other activities consistent with the conditions of the Contract Documents and as set forth below: A. Substantial Completion: [ENTER COMPLETION DATE] B. Punchlist Completion: [ENTER COMPLETION DATE] C. Final Completion: [ENTER COMPLETION DATE] 3.04.8 Timely Completion Contractor acknowledges that the University has scheduled use of the Project immediately following the Dates of Substantial Completion. In scheduling that use, the University may have signed contracts and otherwise made financial commitments relating to the use of the Project no later than the date of Substantial Completion. In the event that the Contractor fails to complete on or before the date for Substantial Completion, the Contractor shall be responsible to reimburse the University for all direct, indirect and administrative costs and expenses incurred in locating, coordinating and securing alternate sites, refunding deposits, and taking any other reasonable action as a consequence of the Contractor’s failure to achieve Substantial Completion by the date stated in this Agreement. The University shall be entitled to retain from the Contractor those damages incurred upon the Contractor's default of Substantial Completion, as provided above. The Contractor further agrees to complete 100% of all punchlist items, documented on the Substantial Completion certificate, within forty-five (45) days of the date of Substantial Completion. Nothing in this Article 3.04.08 shall be construed as a limitation or waiver on such other rights as the University may have. 3.04.8.1 Substantial Completion "Substantial Completion" shall mean the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the University can occupy or utilize the Work for its intended use. Substantial Completion shall only be determined as described in the Contract Documents. 3.04.8.2 Final Completion “Final Completion” means the completion of all the Work in accordance with the Contract Documents and the acceptance thereof by the University. Completion of the Work includes (1) full performance of all Contract Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 9 for Construction General Contracting – Rev. 7-2018 terms; (2) acceptance of the Work by University; (3) resolution of all outstanding Changes of Contract; (4) completion of all “punch-list” items; and (5) delivery of all Close-out Documents. 3.05 Contractor’s Insurance The Contractor shall not commence Work under this Contract until it has obtained all the insurance required by the Contract Documents and such insurance has been approved by the University; likewise, no subcontractor or subconsultant shall be allowed to commence Work until the insurance required has been obtained. The Contractor shall, at its expense, purchase and maintain in full force and effect such insurance as will protect itself and the University from claims, such as for bodily injury, death, and property damage, which may arise out of or result from the Work required by the Contract Documents, whether such Work is done by the Contractor, by any subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The types of such insurance and any additional insurance requirements are specified herein with the amounts and limits set forth in the Supplementary General Conditions. 3.05.1 Policies and Coverage The following policies and coverages shall be furnished by the Contractor promptly upon request by the University: (1) Comprehensive or Commercial Form General Liability Insurance covering all Work done by or on behalf of the Contractor and providing insurance for bodily injury, personal injury, property damage, and Contractual liability. Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limit shall apply separately to work required of the Contractor by these Contract Documents. This insurance shall include the contractual obligations assumed under the Contract Documents and specifically section 4.06. (2) Business Automobile Liability Insurance on an “Occurrence” form covering owned, hired, leased, and non-owned automobiles used by or on behalf of the Contractor and providing insurance for bodily injury, property damage, and Contractual liability. (3) Worker’s Compensation and Employer’s Liability Insurance as required by Federal and Michigan law. The Contractor shall also require all of its Subcontractors to maintain this insurance coverage. (4) The Umbrella Excess Liability insurance must be consistent with and follow the form of the primary policies, except that Umbrella Excess Liability insurance shall not be required for the Medical Expense Limit. (5) Builder's Risk Insurance. (6) Professional Liability Insurance (Errors and Omissions). 3.05.2 Proof of Coverage Certificates of Insurance, or other evidence of the insurance required by these Contract Documents or requested by the University, shall be submitted by the Contractor to the University. The Certificates of Insurance shall state the scope of coverage and deductible, identify any endorsements to the policies and list the University as an additional named insured. Any deductible shall be the Contractor's liability. The Certificates of Insurance shall provide for no cancellation or modification of coverage without thirty (30) days prior written notice to the University. Acceptance of Certificates of Insurance by the University shall not in any way limit the Contractor’s liabilities under the Contract Documents. In the event the Contractor does not comply with these insurance requirements, the University may, at its option, provide insurance coverage to Academic Resource Center Renovation 2nd Rebid WSU Project No. 080-349977A WSU Consolidated Agreement 00500 - 10 for Construction General Contracting – Rev. 7-2018 protect the University; the cost of such insurance shall be deducted from the Contract Sum or otherwise paid by the Contractor. Renewal certifications shall be filed in a timely manner for all coverage until the Project is accepted as complete. Upon the University's request, the Contractor shall provide copies of the policies obtained from the insurers. 3.05.3 Subcontractor's Insurance The Contractor shall either require subcontractors to carry the insurance or the Contractor shall insure the activities of the subcontractors in the amount, types and form of insurance required by the Contract Documents. If the Contractor elects to have its subcontractors purchase individual insurance policies, the Contractor’s subcontracts shall include a clause requiring that copies of any insurance policies which provide coverage to the Work shall be furnished to the University. The Contractor shall supply the University with a list of all subcontractors showing whether or not they have individual insurance policies and certifying that those subcontractors without individual insurance policies are insured by the Contractor. 3.05.4 Scope of Insurance Coverage The Contractor’s insurance as required by the Contract Documents (including subcontractors’ insurance), by endorsement to the policies and the Certificates of Insurance, shall include the following and may be presented in the form of a rider attached to the Certificates of Insurance: (1) The Board of Governors of Wayne State University, the University, their officers, employees, representatives and agents including the Design Professional, shall be included as additional named insureds for and relating to the Work to be performed by the Contractor and subcontractors. This shall apply to all claims, costs, injuries, or damages. (2) A Severability of Interest Clause stating that, “The term ‘insured’ is hereby used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the insurer’s or insurers’ liability.” (3) A Cross Liability Clause stating that, “In the event of claims being made under any of the coverages of the policy or policies referred to herein by one or more insured hereunder for which another or other insured hereunder may be liable, then the policy or policies shall cover such insured or insured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each insured hereunder. Nothing contained herein, however, shall operate to increase the insurer’s limits of liability as set forth in the insuring agreements.” (4) The Board of Governors of Wayne State University, the University, their officers, employees, representatives and agents, shall not by reason of their inclusion as insured incur liability to the insurance carriers for payment of premiums for such insurance. However, the Board of Governors of Wayne State University may, in their sole discretion after receiving a notice of cancellation for nonpayment, elect to pay the premium due and deduct such payment from any sums due to the Contractor or recover the amount paid from the Contractor if the sums remaining are insufficient. (5) Coverage provided is primary and is not in excess of or contributing with any in