Specification and Project Manual for Demolition, Removal, and Disposal

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

State of Michigan Department of Technology, Management and Budget State Facilities Administration Design and Construction Division

DCSPEC Bidding and Contract Document Minor Projects

File No. 761/14012.BDH Index No. 44501 Department/Agency 761-DEQ/RRD Project Name Production Painting Location Kalamazoo

June, 14, 2016 SPECIFICATIONS AND PROJECT MANUAL FOR CONTAMINATED SOIL EXCAVATION & DISPOSAL

PRODUCTION PAINTING COMPANY: MERCHANT PUBLISHING BLAINE & O’NEIL STREETS KALAMAZOO, MICHIGAN

PREPARED FOR:

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY REMEDIATION AND REDEVELOPMENT DIVISION KALAMAZOO DISTRICT OFFICE 7953 ADOBE ROAD KALAMAZOO, MI 49009

PREPARED BY:

DLZ MICHIGAN, INC. 535 S. BURDICK STREET, SUITE 248 KALAMAZOO, MI 49007

DLZ PROJECT NO.: 1341-6550-01

FILE NO: 761/14012.BDH INDEX NO: 44501

ENGINEERS  ARCHITECTS  SCIENTISTS JUNE 2016 PLANNERS  SURVEYORS SPECIFICATIONS AND PROJECT MANUAL FOR CONTAMIANTED SOIL EXCAVATION & DISPOSAL

PRODUCTION PAINTING COMPANY: MERCHANT PUBLISHING BLAINE & O’NEIL STREETS KALAMAZOO, MICHIGAN

Prepared For:

Michigan Department of Environmental Quality Remediation and Redevelopment Division Kalamazoo District Office 7953 Adobe Road Kalamazoo, MI 49009

Prepared By:

DLZ Michigan, Inc. 535 S. Burdick Street, Suite 248 Kalamazoo, Michigan 49007

DLZ Project No.: 1341-6550-03

File No: 761/14012.BDH Index No: 44501

June 2016

M:\Proj\1341\6550 MDEQ EER Contract\01 Production Painting\Bid Documents-Merchants\Cover.doc SECTION 00003

TABLE OF CONTENTS

COVER

00003 TABLE OF CONTENTS

CONTRACT FORMS

BID SUMMARY FORM BID SCHEDULE QUALIFIED DISABLED VETERAN (QDV) BUSINESS REPRESENTATION CERTIFICATION OF A MICHIGAN BASED BUSINESS RESPONSIBILITY CERTIFICATION BID BOND POST-BID SUBMITTALS PERFORMANCE BOND PAYMENT BOND

DIVISION 0 BIDDING REQUIREMENTS AND CONTRACT CONDITIONS

00010 Pre-Bid Information 00100 Instructions to Bidders 00120 Supplementary Instructions 00200 Information to Bidders 00700 General Conditions 00750 Special Working Conditions 00800 Supplementary Conditions 00850 Wage Determination Schedule 00900 Addenda

DIVISION 1 GENERAL REQUIREMENTS

01110 Summary of Work 01121 Hazardous Material Project Procedures 01270 Measurement and Payment 01271 Payment Procedures 01290 Schedule of Values 01310 Project Management and Coordination 01330 Submittal Procedures 01400 Safety, Health, and Emergency Response 01410 Regulatory Requirements 01420 References 01450 Quality Control 01510 Temporary Utilities 01520 Construction Facilities 01540 Construction Aids 01550 Vehicular Access and Parking 01560 Temporary Barriers and Enclosures 01575 Dust Control and Air Monitoring

Table of Contents Production Painting: Merchant’s Publishing 00003-1 May 2016 01740 Cleaning 01780 Contract Close Out 01785 Project Record Documents

DIVISION 2 SITE WORK

02000 Site Preparation 02120 Offsite Transportation and Disposal 02130 Site Decontamination 02240 Dewatering 02315 Excavation and Fill 02370 Soil Erosion and Sedimentation Control 02950 Site Restoration

FIGURES

Figure 1 Site Location Map Figure 2 Site Map Figure 3 Removal Plan Figure 4 Grading Plan Figure 5 Construction Notes

APPENDICES

APPENDIX I GLOSSARY APPENDIX II SPECIAL WORKING CONDITIONS APPENDIX III SPECIAL PROJECT PROCEDURES APPENDIX IV REQUIRED PROJECT SIGN APPENDIX V PREVAILING WAGE RATES

Appendix A Sanitary Sewer Discharge Approval Appendix B Japanese knotweed Information Appendix C SESC Permit Application and Michigan’s Permit-By-Rule for Construction Activities

END OF SECTION

Table of Contents Production Painting: Merchant’s Publishing 00003-2 May 2016 CONTRACT FORMS Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

DTMB-0401D (R 6/16) BID SUMMARY DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET Bids must be submitted electronically through the Buy4Michigan website at www.buy4michigan.com

SUBMIT HARD COPY BACK-UP BID TO: OVERNIGHT MAIL TO: Linda Feldpausch Linda Feldpausch STATE FACILITIES ADMINISTRATION STATE FACILITIES ADMINISTRATION DESIGN AND CONSTRUCTION DIVISION DESIGN AND CONSTRUCTION DIVISION P.O. Box 30026 3111 W. St. Joseph Street Lansing, Michigan 48909 Lansing, Michigan 48917

FILE NUMBER INDEX NUMBER DEPARTMENT/AGENCY 761/14012.BDH 44501 761-DEQ/RRD CONTRACT TIME(S) PROJECT NAME LOCATION 60 DAYS Production Painting Company Kalamazoo, Michigan

BID OPENING DATE FOR AN EXAMINATION OF THE SITE CONTACT: Mr. Sarat Bobba, DLZ Michigan , Inc (269) 553-0640 Wednesday July 6, 2016 at 2:00 pm Local Time

SEE SECTION 00100 INSTRUCTIONS TO BIDDERS AND SECTION 00700 GENERAL CONDITIONS PROVIDED WITH THE BIDDING DOCUMENTS. BID: WE PROPOSE TO FURNISH, PERFORM AND COMPLETE THE ENTIRE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS IN CONSIDERATION OF THE BID PRICE (S) STATED BELOW.

FIRM NAME AND COMPLETE ADDRESS TELEPHONE NUMBER and E-MAIL ADDRESS

FEDERAL I.D. NUMBER

□ Qualified Disabled Veteran (protected information required for processing payments) BIDDER'S SIGNATURE AND TITLE DATE WITNESS' SIGNATURE DATE

By signing this bid above, bidder certifies their enclosed Qualified Disabled Veteran and Michigan-Based Business Certifications. BASE BID FROM BID SCHEDULE (Include specified Allowances):

______Dollars $______(use words) (in figures)

Alternate1: (Add/Subtract) ______Dollars $ ______(use words) (in figures)

Alternate 2: (Add/Subtract) ______Dollars $ ______(use words) (in figures)

Alternate 3: (Add/Subtract) ______Dollars $ ______(use words) (in figures)

Builders Risk Insurance is NOT provided by the State of Michigan. (See Section 00700, No. 3, Paragraph 3.4.)

A PERFORMANCE BOND AND A PAYMENT BOND ARE REQUIRED FOR ALL BIDS OVER $50,000.00. EACH BID MUST BE ACCOMPANIED BY A FIVE (5) PERCENT BID GUARANTEE. BIDDERS ARE ALSO CAUTIONED TO FAMILIARIZE THEMSELVES WITH ALL OF THE OTHER CONDITIONS OF THE CONTRACT. Project Scope of Work:

Contaminated soil removal and disposal, includes but not limited to: 1. Site services, Mobilization, Demobilization 2. Dewatering and Disposal of groundwater 3. Excavation, Removal and Disposal of non-hazardous soil 4. Backfilling and Compaction 5. Site restoration Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

The Bidder must figure its Base Bid on the specified, or Addendum-approved, materials and equipment only. No “or equal” or substitution proposals will be permitted after Bid opening, except as provided in the General Conditions. Addenda: Bidder acknowledges receipt of Addenda: No. ___ dated: ______, No. ___ dated: ______No. ___ dated: ______Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

FIRM NAME TELEPHONE NUMBER and E-MAIL ADDRESS

BID SCHEDULE

Base Bid Schedule - The Bidder will complete the Work and accept as full payment, for the Work items listed, the following Unit Prices and/or Item Bid Prices, as applicable:

Base Bid Bid Description Unit Item Bid Item No. Quantity (Bidder to write price in words) Price Price

Base Bid Unit Item Bid Bid Unit Description Quantity Price Price Item No. 1 1 Lump Sum Mobilization NA $

2 1 Lump Sum Site Services NA $

3 1 Lump Sum Dewatering and Discharge NA $

4 1 Lump Sum Contaminated Soil Characterization NA $ Excavation and Disposal of Non- 5 11,000 Ton $ $ Hazardous Contaminated Soil Backfilling & Compaction of MDOT Class 6 11,000 Ton $ $ II Material Backfilling & Compaction of MDOT Class 7 200 Ton $ $ 22A Aggregate 8 1 Lump Sum Demobilization NA $ Additional Demobilization and 9 1 Lump Sum NA $ Mobilization Cash 10 1 Cash Allowance NA $ 10,000.00 Allowance Provisionary 11 1 Owner’s Allowance NA $ 30,000.00 Allowance 12 1 Lump Sum Site Survey and Restoration NA $

Base Bid (Sum of Item Bid Prices for all Base Bid Items):

______Dollars $______(use words) (in figures)

Schedule of Alternates - The Bidder will complete (or deduct from the Contract) the parts of the Work designated by the Alternates that follow and accept in full payment (or allow in full credit) for those parts of the Work the following Item Bid Prices:

Alternate Bid Description Unit Item Bid Item No. Quantity (Bidder to write price in words) Price Price

None

The Bidder further acknowledges and agrees that the separate prices bid on this “Schedule of Alternates,” where they are applicable and deemed acceptable by the Owner, will be used if incorporated into the Contract when the Owner issues the Notice of Award. Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

R 2/13 DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET State Facilities Administration Design & Construction Division Qualified Disabled Veteran (QDV) Business Representation

‘Qualified Disabled Veteran,’ means a business entity that is 51% or more owned by one or more veterans with a service- connected disability.

‘Qualified Disabled,’ means a business entity that is 51% or more owned by one or more with a service-connected disability.

The vendor represents that it IS _____, a qualified disabled veteran.

The contractor represents and warrants that the company meets the above (when checked) and has attached supporting documentation per the following:

Each bid requesting the Qualified Disabled Veterans (QDV) preference, in accordance with Public Act 22 of 2010, MCL 18.1241.3 shall include a DD214 Proof of Service and Discharge, a Veterans Administration rating decision letter, proof of disability (if the disability is not indicated on the DD214), and appropriate legal documents setting forth the 51% natural persons QDV ownership.

Fraudulent Certification as a Qualified Disabled Veteran may result in debarment under MCL 18.264.

Certification of a Michigan Based Business (Information Required Prior to Contract Award for Application of State Reciprocity Provisions)

To qualify as a Michigan Based Business:

Vendor must have, during the 12 months immediately preceding this bid deadline: or If the business is newly established, for the period the business has been in existence, it has:

(check all that apply):

 Filed a Michigan single business tax return showing a portion or all of the income tax base allocated or apportioned to the State of Michigan pursuant to the Michigan Single Business Tax Act, 1975 PA 228, MCL 208.1 – 208.145; or  Filed a Michigan income tax return showing income generated in or attributed to the State of Michigan; or

 Withheld Michigan income tax from compensation paid to the bidder’s owners and remitted the tax to the Department of Treasury; or

I certify that I have personal knowledge of such filing or withholding, that it was more than a nominal filing for the purpose of gaining the status of a Michigan business, and that it indicates a significant business presence in the state, considering the size of the business and the nature of its activities.

I authorize the Michigan Department of Treasury to verify that the business has or has not met the criteria for a Michigan business indicated above and to disclose the verifying information to the procuring agency.

Bidder shall also indicate one of the following:

 Bidder qualifies as a Michigan business (provide zip code: ______)

 Bidder does not qualify as a Michigan business (provide name of State: ______).

 Principal place of business is outside the State of Michigan, however service/commodity provided by a location within the State of Michigan (provide zip code: (______).

Fraudulent Certification as a Michigan business is prohibited by MCL 18.1268 § 268. A BUSINESS THAT PURPOSELY OR WILLFULLY SUBMITS A FALSE CERTIFICATION THAT IT IS A MICHIGAN BUSINESS OR FALSELY INDICATES THE STATE IN WHICH IT HAS ITS PRINCIPAL PLACE OF BUSINESS IS GUILTY OF A FELONY, PUNISHABLE BY A FINE OF NOT LESS THAN $25,000 and subject to debarment under MCL 18.264. Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

BID BOND

BID SUBMITTED ON the ______day of ______, 20____.

Bid Security is in the form of: a Bid Bond ______Bid Bond form has been duly executed ______; or

A Bank Certified or Cashier's check ___ or Money Order ___ is attached to this page ____

If the Bidder is an Individual: Name of Individual: ______Name & Title of Person Authorized to sign: ______

Signature: ______(If not the Individual, Attach Power of Attorney) Date Doing Business as: ______Business Address: ______County of registration ______Telephone: ______FAX: ______If the Bidder is a Partnership: By: ______(True Name of the Partnership) ______Partner Authorized to Sign Date Signature: ______(Attach evidence of Authority to sign) Date Business Address: ______County of registration ______Telephone: ______FAX ______

If the Bidder is a Corporation: By: ______(Legal Corporation Name) Name & Title of Authorized Officer: ______

Signature: ______(Attach evidence of Authority to sign) Date Name & Title of Officer Attesting: ______

Signature: ______Date Business Address: ______Telephone: ______FAX ______

(State of Incorporation): ______

If The Bidder is A Joint Venture: JOINT VENTURE SIGNATURES MUST BE AS PROVIDED IN INSTRUCTIONS TO BIDDERS. EACH JOINT VENTURER SIGNING THE BID MUST SIGN IN THE MANNER INDICATED FOR AN INDIVIDUAL, A PARTNERSHIP OR A CORPORATION. IF MORE THAN TWO JOINT VENTURERS OF THE SAME TYPE ARE INCLUDED, USE ADDITIONAL PAGES. JOINT VENTURE STATE OF INCORPORATION ______OR COUNTY OF REGISTRATION ______Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

POST-BID SUBMITTALS The PSC will request this submittal after bid opening. Complete and submit these items within two business days after the request.

BIDDER’S EXPERIENCE MODIFICATION RATING (EMR) ______Attach letter of explanation if the Bidder does not have an EMR.

PROPOSED PROJECT SUPERINTENDENT ______Attach brief resume or list of similar successful projects.

LIST OF SIMILAR PROJECTS COMPLETED BY THE BIDDER Please list at least three completed projects of similar size and complexity to the project being bid, with reference contact information ______

REFERENCE #___

Owner: ______

Project/Contract Name: ______

Location of Project/Contract: ______

Contract Price: ______Project/Contract Started: ______Completed: ______

Owner's Representative (Name and Telephone): ______

Scope of Project/Contract: ______

______

REFERENCE #___

Owner: ______

Project/Contract Name: ______

Location of Project/Contract: ______

Contract Price: ______Project/Contract Started: ______Completed: ______

Owner's Representative (Name and Telephone): ______

Scope of Project/Contract: ______

______

REFERENCE #___

Owner: ______

Project/Contract Name: ______

Location of Project/Contract: ______

Contract Price: ______Project/Contract Started: ______Completed: ______

Owner's Representative (Name and Telephone): ______

Scope of Project/Contract: ______Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

PERFORMANCE BOND SURETY COMPANY REFERENCE No. ______

That "the Contractor," ______, a corporation ___, individual ___, partnership ___, joint venture ___ of the State of ______, qualified to do business in the State of Michigan, as Principal, and "the Surety," ______, of the State of ______, as surety, are held and bound unto the State of Michigan, "the Owner," as Obligee, in the amount of ______Dollars ($______), for the payment of which the Contractor and Surety bind themselves, their respective heirs, successors, legal representatives and assigns, jointly and severally, in compliance with 1963 PA 213, as amended, MCL 129.201 et seq.

The Contractor has entered into "the Contract" with the Owner for ______, "the Work," covered by the Contract Documents, which are incorporated into this Performance Bond by this reference;

If the Contractor faithfully performs and fulfills all the modification of the Contract Documents (including addition, undertakings, covenants, terms, conditions, warranties, deletion or other revision). indemnifications and agreements of the Contract Documents within the Contract Time (including any authorized changes, B. This Performance Bond must be solely for the protection of with or without notice to the Surety) and during the Correction the Owner and its successors, legal representatives or Period, and if the Contractor also performs and fulfills all the assigns. undertakings, covenants, terms, conditions, warranties, indemnifications and agreements of any and all duly authorized C. It is the intention of the Contractor and Surety that they modifications of the Contract Documents, then THIS must be bound by all terms and conditions of the Contract OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL Documents (including, but not limited to General Conditions FORCE AND EFFECT. and this Performance Bond). However, this Performance Bond is executed pursuant to 1963 PA 213, as amended, MCL A. No change in Contract Price or Contract Time, "or equal" or 129.201 et seq., and if any provision(s) of this Performance substitution or modification of the Contract Documents Bond is/are illegal, invalid or unenforceable, all other provisions (including addition, deletion or other revision) releases the of this Performance Bond must nevertheless remain in full Surety of its obligations under this Section 00610 Performance force and effect, and the Owner must be protected to the full Bond. The Surety expressly waives notice of any such change extent provided by 1963 PA 213, as amended, MCL 129.201 et in Contract Price or Contract Time, "or equal" or substitution or seq.

IMPORTANT: The Surety must be authorized to do business in the State of Michigan by the Department of Licensing and Regulatory Affairs  Insurance Bureau, must be listed on the current U.S. Department of the Treasury Circular 570, and, unless otherwise authorized by the Owner in writing, must have at least an A Best's rating and a Class VII or better financial size category per current A. M. Best Company ratings.

Name, Address and Telephone of the Surety: Address and Telephone of Agent, who is either a resident of, or whose principal office is maintained in, the State of Michigan

Signed and sealed this ______day of ______, 20_____.

THE CONTRACTOR: (Print Full Name and Sign) By:______

WITNESS ______Name & Title: ______Telephone No. ______

THE SURETY: (Print Full Name and Sign) Agent: ______

WITNESS ______Attorney-in-Fact: ______Telephone No. ______Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

PAYMENT BOND SURETY COMPANY REFERENCE No.______

"the Contractor," ______, a corporation ___, individual ___, partnership ___, joint venture ___ of the State of ______, qualified to do business in the State of Michigan, as Principal, and "the Surety," ______, of the State of ______, as surety, are held and bound unto the State of Michigan, "the Owner," as Obligee, in the amount of ______Dollars ($______), for the payment of which the Contractor and Surety bind themselves, their respective heirs, successors, legal representatives and assigns, jointly and severally, in compliance with 1963 PA 213, as amended, MCL 129.201 et seq.

The Contractor has entered into "the Contract" with the Owner for ______, "the Work," covered by the Contract Documents, which are incorporated into this Payment Bond by this reference;

If the Contractor promptly pays all claimants supplying labor hereby expressly waives notice of any such change in Contract or materials to the Contractor or to the Contractor's Price or Contract Time, "or equal" or substitution or Subcontractors in the prosecution of the Work, then THIS modification of the Contract Documents (including addition, OBLIGATION IS VOID, OTHERWISE TO REMAIN IN FULL deletion or other revision). FORCE AND EFFECT. C. It is the intention of the Contractor and Surety that they A. All rights and remedies on this Payment Bond are solely for must be bound by all terms and conditions of the Contract the protection of all claimants supplying labor and materials to Documents (including, but not limited to this Payment Bond). the Contractor or the Contractor's Subcontractors in the However, this Payment Bond is executed pursuant to 1963 PA prosecution of the Work, and must be determined in 213, as amended, MCL 129.201 et seq., and if any provision(s) accordance with Michigan Law. of this Payment Bond is/are illegal, invalid or unenforceable, all other provisions of this Payment Bond must nevertheless B. No change in Contract Price or Contract Time, "or equal" or remain in full force and effect, and the Owner must be substitution or modification of the Contract Documents protected to the full extent provided by 1963 PA 213, as (including addition, deletion or other revision) must release the amended, MCL 129.201 et seq. Surety of its obligations under this Payment Bond. The Surety

Name, Address and Telephone of the Surety: Address and Telephone of Agent, who is either a resident of, or whose principal office is maintained in, the State of Michigan

Signed and sealed this ______day of ______, 20_____.

THE CONTRACTOR: (Print Full Name and Sign) By:______

WITNESS ______Name & Title: ______Telephone No. ______

THE SURETY: (Print Full Name and Sign) Agent: ______

WITNESS ______Attorney-in-Fact: ______Telephone No. ______Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

DIVISION 00

BIDDING REQUIREMENTS AND CONTRACT CONDITIONS Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

SECTION 00010 PRE-BID INFORMATION

1. Invitation to Bid (ITB)  Your firm is invited to submit a Bid. The State of Michigan as the Owner will receive bids electronically through the Buy4Michigan website at www.buy4michigan.com. Contractors will be able to submit hard copy backups of their electronic submittals. The backup hard copy will be used if a valid bid is received on Buy4Michigan and there is a problem with the attachments. Sealed Bids should be delivered to the Department of Technology, Management and Budget, State Facilities Administration (DTMB-SFA), Design and Construction, 3111 W. St. Joseph Street, Lansing, Michigan 48917, for Production Painting Company – Soil Excavation and Disposal until 2:00 p.m., local time, on July 6, 2016. The State reserves the right to cancel this Invitation to Bid (ITB) or change the date and time for submitting Bids by announcing same at any time before the established date and time for Bid opening. Bids must remain open for acceptance by the Owner for no less than the Bid hold period. Contractor may agree to extend the Bid hold period. However, any such extension must be based upon no increase in the Bid Price and/or Contract Time.

2. Work Description  The Work, Production Painting Company – Soil Excavation and Disposal, Agency No. 761, Index No. 44501,

DTMB File No. 761/14012.BDH includes, but is not necessarily limited to:

Contaminated soil removal and disposal: 1. Site services, Mobilization, Demobilization 2. Dewatering, and Discharge of groundwater to sanitary sewer 3. Excavation, Removal and Disposal of non-hazardous soil 4. Backfilling and Compaction 5. Site restoration

The site is located at the intersection of Blaine St and O’Neil St ; 1002 O’Neil Street, Kalamazoo, Michigan 49001, as shown on the Drawings.

3. Bidding Documents  Sets of Bidding Documents may be obtained at www.Buy4Michigan.com or from the Professional at DLZ Michigan, Inc., 535 S. Burdick Street, Suite 248, Kalamazoo, MI 49007, Mr. Sarat Bobba, Phone (269) 553-0640, email: [email protected] Bidders can receive an electronic copy of the bidding documents via electronic mail in portable document (.pdf) format at no cost. Bidders can receive an electronic copy of the bidding documents in a compact disc via mail for a non-refundable amount of $10.00, and a paper copy of the full set of the bidding documents for a non-refundable amount of $70.00. The payment shall be made to the State of Michigan by a certified or cashier’s check or money order drawn upon a bank insured by an agency of the Federal Government, submitted to the Professional for each full set of Bidding Documents requested by any Bidder or any other party.

4. Bid Security  Each Bid must enclose Bid Security, in the amount of five percent (5%) of the Bidder's Base Bid, paid to the “State of Michigan” in the form of a certified or cashier’s check or money order drawn upon a bank insured by an agency of the Federal Government or a bid bond with an authorized surety company.

5. Pre-Bid Conference  A mandatory _X__ voluntary ___ pre-bid conference will be held at Kalamazoo County Land Bank, 1523 Riverview Drive, Suite A, Kalamazoo, MI 49004, MI on June 24, 2016 at 10:30 AM Local Time. A tour of the site at 1002 O’Neil Street, Kalamazoo, Michigan will X will not __ be held on the same day, starting at immediately following the pre-bid conference local time. All prospective Bidders are required _X_ encouraged ___to attend the tour, if held. Other parties interested in the Work are encouraged to attend the tour. Addenda may be issued, in response to issues raised at the pre-bid conference and tour, or as the Owner and/or Professional may otherwise consider necessary.

The purpose of the pre-bid conference and inspection is to answer questions and provide an inspection tour of the Project site at the scheduled time on the day of the meeting. A representative will be available to assist the Contractors. Other inspection visits may be allowed if needed. Individuals needing special services to fully participate in the meeting due to a disability may contact Mr. Sarat Bobba at (269) 553-0640 .

FOR CORRECTIONAL FACILITIES ONLY: Those attending the walk-through inspection at a State Correctional Facility are required to furnish the following information three calendar days before the inspection: company name, name of individual, date of birth, driver’s license number, race and sex. Telephone the above information to the State Agency at NA .

6. Equal Employment Opportunity  Covenants to not discriminate in employment by Contractors, Subcontractors and Suppliers required by Law are contained in Instructions to Bidders and General Conditions and are applicable to the Work and any Sub-agreement under the Contract.

7. Contract Times  The Contract Times and the associated liquidated damages are specified in the Contract.

8. Contact Person  All requests or inquiries concerning the Bidding Documents or the Work must be addressed to: : Mr. Sarat Bobba, DLZ Michigan, Inc., 535 S. Burdick Street, Suite 248, Kalamazoo, MI 49007, Fax (269) 553-0641, email: [email protected]. Questions will be accepted until June 28, 2016 at 10:00 AM Local Time. 00-1 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

9. Award  Subject to any agreed extension of the period for holding Bids, Bids must remain valid for acceptance by the Owner for 60 Calendar Days after the date of Bid opening. In addition, the Owner expressly reserves the right, within the Owner's sole discretion, to reject any or all Bids, to waive any irregularities, to issue post-Bid Addenda and re-bid the Work without readvertising, to re-advertise for Bids, to withhold the award for any reason the Owner determines and/or to take any other appropriate action.

10. Performance and Payment Bonds – A performance bond and a payment bond are required for all contracts over $50,000.00.

END OF SECTION 00010

00-2 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

SECTION 00100 INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BID: Execute Bid fully and properly. Bid Summary Form (DTMB -0401D) and Bid Form Attachments must be used and completely filled out for the Bid to be considered responsive and meeting the requirements of the contract solicitation. All Bid prices must be printed or typed in both words and figures.

2. BID CHECKLIST: Submit one Bid Summary Form with original signatures plus Bid Form Attachments in a sealed envelope. On the outside of the envelope, identify: i) the Project by name, file number, index number and location; ii) Bidder’s name, complete address and phone number; and “Sealed Bid Enclosed” written on the envelope.

A complete Bid will consist of the following forms, which are included immediately following the Bid Summary Form:

Bids SUBMIT THESE Bid Forms and Bid Form Attachments All Bids □ Signed and completed Bid Summary Form (DTMB-0401D); □ Bid Schedule; □ Qualified Disabled Veteran (QDV) Business Representation; □ Bid Security in the amount of 5% of Base Bid Price; □ Signature Authorization or copy of the partnership agreement if signed by all partners; □ Acknowledgement of the receipt of Addenda

Over $50K □ Forms listed under All Bids; □ Payment and Performance Bond (upon issuing the Notice of Award).

Over $100K □ Forms listed under All Bids; □ Certification of a Michigan Based Business; □ Payment and Performance Bond (upon issuing the Notice of Award).

Over $250K □ Forms listed under All Bids; □ Certification of a Michigan Based Business; □ Payment and Performance Bond (upon issuing the Notice of Award).

Apparent Low Bidders ONLY (upon request from the Professional) □ Experience Modification Rating (EMR), or a letter stating why the Bidder does not have one. □ Identification of the proposed project superintendent, with a resume or list of similar projects handled by that individual. □ A list of at least three (3) projects completed by the Bidder, within the last three (3) years of similar size and complexity, with contact information for references for each.

3. BID SUBMISSION: Bids must be submitted electronically through the Buy4Michigan website at www.buy4michigan.com. Contractors will be able to submit hard copy backups of their electronic submittals. The backup hard copy will be used if a valid bid is received on Buy4Michigan and there is a problem with the attachments. Deliver Bid package to the Department of Technology, Management and Budget, State Facilities Administration, Design and Construction Division before the 2:00 p.m. deadline.

4. BID GUARANTEE: Each proposal must be accompanied by either a bank certified or cashier's check on an open, solvent bank or a bid bond with an authorized surety company (the surety must be listed on the current U.S. Department of the Treasury Circular 570) in the amount of five percent of the base bid payable to the State of Michigan, as a guarantee of good faith. If the successful Bidder fails to furnish satisfactory bonds and insurance within fifteen Calendar Days after Notice of Award, such guarantee must be forfeited to the State as liquidated damages. The bid security, exclusive of bid bonds, of all unsuccessful Bidders will be returned when an award is made or upon substitution of a bid bond. The bid security of the successful Bidder will be returned when the performance bond and labor and material bond are approved.

5. CERTIFICATE OF AWARDABILITY: Not required.

00-3 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

6. MICHIGAN BASED BUSINESS CERTIFICATION: All Bidders submitting Bids in excess of $100,000.00 must complete the Certification of Michigan Based Business. This information will determine if a Bidder qualifies as a "Michigan" business for purposes of application of reciprocity where applicable.

7. POST-BID SUBMITTAL: For projects over $250,000, the Professional will request a Post-Bid Submittal from the Apparent Low Bidders. The Apparent Low Bidders must submit to the Professional, within two Business Days after receipt of the Professional’s request,

 Experience Modification Rating (EMR), or a letter stating why the Bidder does not have one.  Identification of the proposed project superintendent with a resume or list of similar projects managed by that individual.  A list of at least three (3) projects completed by the Bidder, within the last three (3) years of similar size and complexity, with contact information for references for each. Failure to provide the submittals may disqualify the Bid.

8. SIGNATURES: All Bids, notifications, claims, and statements must be signed as follows:

(a) Corporations: Signature of official must be accompanied by a certified copy of the Resolution of the Board of Directors authorizing the individual signing to bind the corporation. (b) Partnerships: Signature of one partner must be accompanied by a signed copy of the legal document (e.g. Power of Attorney or partnering agreement) authorizing the individual signing to bind all partners. If Bid is signed by all partners, no authorization is required. (c) Individual: No authorization is needed. Each signature must be witnessed.

9. BID PRICES: The Bidder’s Base Bid and Alternate Bid prices must include, and payment for completed Work will compensate in full for: all services, obligations, responsibilities, management, supervision, labor, materials, devices, equipment, construction equipment, general conditions, permits, patent fees and royalties, testing, inspection and approval responsibilities, warranties, temporary facilities, small tools, supplies, Bonds, insurance, taxes, mobilization, close-out, overhead and profit and all connections, appurtenances and any other incidental items of any kind or nature, as are necessary to complete the Work, in a neat, first quality, workmanlike and satisfactory manner in accordance with the Drawings and Specifications and as otherwise required to fulfill the requirements of the Bidding Documents. For each Cash Allowance item, the Bidder must include, within the Bid, all labor costs, construction equipment costs, insurance and Bond premiums and other general conditions costs and Fees (Bidder’s and Subcontractors’) to complete Work associated with the material, equipment or other designated item to be furnished under the Cash Allowance. For each Provisionary Allowance, the Bidder must include, within the Bid, insurance, premiums (not recoverable as labor burden) and Bond premiums required to complete Work that may be ordered under a Provisionary Allowance.

10. INSPECTION OF BIDDING DOCUMENTS AND SITE CONDITIONS: The Bidder must carefully review and inspect all documents referenced and made part of this ITB, site conditions, all applicable statutes, regulations, ordinances and resolutions addressing or relating to the goods and services under this contract. Failure to do so or failure to acquire clarifications and answers to any discovered conflicts, ambiguities, errors or omissions in the Bidding Documents will be at the Bidder’s sole risk.

11. SAFETY REQUIREMENTS AND LAWS: The Bidder awarded the Contract must comply with all applicable federal, state and local Laws including health and safety regulations, environmental protection, permits and licensing.

12. INTERPRETATIONS AND ALTERATIONS TO THE BID AND BIDDING DOCUMENTS: All requests for clarification or interpretation of the Bidding Documents, all proposals for any modifications to the Bidding Documents, all requests for information and all other questions or inquiries about the Bidding Documents and/or the Work shall be submitted in writing to the Contact Person identified in the Bid Documents. Requests or inquiries received less than seven Calendar Days before the date of Bid opening will be answered only if (a) the response can be given through an Addendum made available at least seventy-two hours before Bid opening (counting Business Days only), (b) the Bid opening is postponed by Addendum, or (c) the Work is rebid without readvertising following the issuance of post-Bid Addenda.

Bidders must not rely upon any oral statements or conversations regarding interpretations, clarifications, corrections, additions, deletions or other revisions or information to the Bidding Documents. Any addition, limitation or provision made with or attached to the Bid may render it non-responsive and/or irregular and be a cause for rejection. The Owner reserves the right to issue a post-Bid Addendum after opening the Bids and set a new date for the receipt and opening of sealed Bids. The Bidder acknowledges that any quantities of Unit Price Work given in this ITB are approximate only and payments will be made only for actual quantities of Unit Price Work completed in accordance with the Contract Documents.

13. MODIFICATION OF BID: The entire bid must be resubmitted on the Buy4Michigan website.

00-4 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

14. BID WITHDRAWAL: Except for timely filed claims of mathematical or clerical errors granted by the State, no Bid may be withdrawn within sixty Calendar Days after the Bid Opening time and date or before the Bid expiration date without forfeiting Bid security. The request to withdraw a Bid due to error must be submitted in writing along with the supporting documents within two Business Days after the date of Bid Opening. The claim must describe in detail the error(s), include a signed affidavit stating the facts of the alleged error(s) and request that the Bidder be released from its Bid. The review of the claim and its supporting documents by the State is only for the purpose of evaluating the Bidder’s request and must not create duty or liability on the State to discover any other Bid error or mistake. The sole liability of any Bid error or mistake rests with Bidder.

15. OBJECTION TO THE AWARD: A Bidder may file a written protest with the Director-SFA to object to the Apparent Low Bidder. This objection must be filed within seven Calendar Days after the date of Bid opening and must describe in detail the basis for the protest and request a determination. The Director-SFA will either dismiss or uphold the protest and notify the protestor within ten Calendar Days after receipt of the written protest.

16. BID IRREGULARITIES: The following irregularities on any Bid Form or Bid Form Attachment must be resolved as follows: (a) between words and figures, the words must be used; (b) between any sum, computed by the Bidder, and the correct sum, the sum computed by the Bidder must be used; (c) between the product, computed by the Bidder, of any quantity and Bid Unit Price and the correct product of the Unit Price and the quantity of Unit Price Work, the product extended by the Bidder must be used; (d) between a stipulated Allowance and the amount entered, the Allowance must be used; (e) any mobilization pay item exceeding the maximum specified must be ignored and the Bid must remain unchanged; (f) if any Bidder fails or neglects to bid a Unit Price for an item of Unit Price Work but shows an "Bid Price" for that item, the missing unit price must be computed from the respective quantity and the Item Bid Price shown; (g) if any Bidder fails or neglects to show a "Bid Price" for an item of Unit Price Work but bids a unit price, the missing Bid Price must remain as “zero”; and (h) if any Bidder fails or neglects to enter a Bid Price in both words and figures, the Bid Price printed or typed, whether in words or figures, must be used.

17. CERTIFICATION: The bidder certifies to the best of its knowledge and belief that, within the past three (3) years, the bidder, an officer of the bidder, or an owner of a 25% or greater interest in the bidder: (a) Has not been convicted of a criminal offense incident to the application for or performance of a contract or subcontract with the State of Michigan or any of its agencies, authorities, boards, commissions, or departments. (b) Has not had a felony conviction in any state (including the State of Michigan). (c) Has not been convicted of a criminal offense which negatively reflects on the bidder’s business integrity, including but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, negligent misrepresentation, price-fixing, bid-rigging, or a violation of state or federal anti-trust statutes. (d) Has not had a loss or suspension of a license or the right to do business or practice a profession, the loss or suspension of which indicates dishonesty, a lack of integrity, or a failure or refusal to perform in accordance with the ethical standards of the business or profession in question. (e) Has not been terminated for cause by the Owner. (f) Has not failed to pay any federal, state, or local taxes. (g) Has not failed to comply with all requirements for foreign corporations. (h) Has not been debarred from participation in the bid process pursuant to Section 264 of 1984 PA 431, as amended, MCL 18.1264, or debarred or suspended from consideration for award of contracts by any other State or any federal Agency. (i) Has not been convicted of a criminal offense or other violation of other state or federal law, as determined by a court of competent jurisdiction or an administrative proceeding, that in the opinion of DTMB indicates that the bidder is unable to perform responsibly or which reflects a lack of integrity that could negatively impact or reflect upon the State of Michigan, including but not limited to, any of the following offenses under or violations of: 1. The Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.101 to 324.90106. 2. A persistent and knowing violation of the Michigan Consumer Protection Act, 1976 PA 331, MCL 445.901 to 445.922. 3. 1965 PA 166, MCL 408.551 to 408.558 (law relating to prevailing wages on state projects) and a finding that the bidder failed to pay the wages and/or fringe benefits due within the time period required. 4. Repeated or flagrant violations of 1978 PA 390 MCL 408.471 to 408.490 (law relating to payment of wages and fringe benefits). 5. A willful or persistent violation of the Michigan Occupational Health and Safety Act, 1974, PA 154, MCL 408.10001 to 408.1094, including: a criminal conviction, repeated willful violations that are final orders, repeated violations that are final orders, and failure to abate notices that are final orders. 6. A violation of federal or state civil rights, equal rights, or non-discrimination laws, rules, or regulations. 7. Been found in contempt of court by a Federal Court of Appeals for failure to correct an unfair labor practice as prohibited by Section 8 of Chapter 372 of the National Labor Relations Act, 29 U. s. C. 158 (1980 PA 278, as amended, MCL 423.321 et seq). (j) Is not an Iran-Linked Business as defined in MCL 129.312.

A false statement, misrepresentation or concealment of material facts on this certification may be grounds for rejection of this proposal or termination of the award and may be grounds for debarment.

00-5 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

18. REJECTION OF BID: The Bidder acknowledges the right of the Owner to reject any Bids and to waive any informality, defects or irregularity in any Bid received. In addition, the Bidder recognizes the right of the Owner to reject a Bid if: (a) the Bid is in any way incomplete or irregular; (b) the Bidder, Subcontractor or Supplier is not responsible as determined by the Owner; (c) the Bidder’s performance as a Contractor was unsatisfactory under a prior Contract with the Owner for the construction, repair, modification or demolition of a facility with the Owner, or under any other Contract, which was funded, directly or indirectly, by the Owner; (d) there are reasonable grounds for believing that collusion or unlawful agreements exists between any Bidders, that a Bidder is interested in more than one Bid, or that the Bid is not genuine; (e) the Bid exceeds the funds available.

19. MATERIALS AND EQUIPMENT SUBSTITUTION: Any Bidder wishing to use manufacturers or materials other than those specified must submit a written request to the Professional not later than seven days before due date for Bids. Request must be accompanied by product data to permit evaluation and comparison with specified products or materials. The Person submitting the request will be responsible for its prompt delivery. The Professional and the Owner will examine and evaluate the product data and if found acceptable, an Addendum will be issued and mailed or delivered to each Person who has received a set of Drawings and Specifications. All Addenda issued must be made a part of the Contract requirements. Contractor will be responsible for any extra work and expense incurred to satisfactorily and completely incorporating each substitute product into the Project.

20. MICHIGAN PRODUCTS AND RECYCLED PRODUCTS: All Contractors and Suppliers are encouraged to provide Michigan-made products and/or recycled products and/or green products and/or environmentally-friendly products whenever possible where price, quality, and performance are equal to, or superior to, non-Michigan products and the requirements of the Contract Documents. A list of Michigan-made products is available at: www.michigan.gov/dcd. The Contractor will be required to use alternatives to landfills for waste disposal such as reuse or recycle of asphalt, bricks, concrete, masonry, plastics, paint, glass, carpet, metals, wood, drywall, insulation and any other waste materials to the extent practical.

21. PRE-AWARD PRODUCT SUBMITTALS: If requested, the Apparent Low Bidders must submit a summary of preliminary technical data on each product listed in NA. The Apparent Low Bidders will furnish this summary data to the Professional within forty-eight hours of the Bid Opening. These submittals will be used to evaluate the Bid before the award. Failure to provide the submittals may disqualify the Bid.

22. CONTRACT AND CONTRACT AWARD: The Owner intends to award a Contract to the responsive and responsible best value bidder, except as provided below relative to veteran’s preference.

22.1 Determination of the lowest three Bidders shall be on the basis of the sum of the Base Bid and any additive and deductive Alternates the Owner accepts, in the order in which they are listed only. The Owner will accept an Alternate only if all other previously listed Alternates are also accepted, unless acceptance by the Owner of Alternates in a different order does not affect determination of the lowest three bidders in any way.

22.2 The bids will be evaluated for best value based on price and qualitative components by comparing the qualitative components of the three lowest responsive and responsible Bidders. The comparison may also include other Bidders whose bids are within 10% of the lowest responsive and responsible Bidder.

22.3 If a Qualified Disabled Veteran meets the requirements of the contract solicitation and with the veteran’s preference is the lowest Bidder, the Owner will award the contract to the Qualified Disabled Veteran bidder. A determination as to whether the requirements of the bid solicitation have been met will be based solely on the Owner’s and Professional’s evaluation of the Bid Summary, Bid Attachments, Bidder-provided documents, and interview.

22.4 For the purpose of evaluating and determining the low responsive bid, 10% of the lowest responsive bid (the bid that would otherwise receive the contract award if the preference were not being considered) will be deducted from all QDV bids. If the low responsive QDV bid, less the 10% preference, is less than the lowest responsive bid, then the QDV bid will be declared the official low responsive bid. The original QDV bid amount will be the basis of the contract award.

00-6 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

Example:

Lowest Responsive Bid $100,000 Lowest Responsive QDV Bid $109,000 Preference (10% of the Lowest Responsive Bid) $ 10,000 Lowest Responsive QDV Bid Less Preference $ 99,000 ($109,000 - $10,000) Official Low Responsive Bid $109,000

22.5 The Apparent Low Bidders will be evaluated for responsiveness and responsibility based on the following:

 Compliance with the bid specifications and requirements.  The Bidder’s financial resources.  The Bidder’s technical capabilities.  The Bidder’s technical experience.  The Bidder’s past performance.  The Bidder’s insurance and bonding capacity.  The Bidder’s business integrity.

Some qualitative components that may be evaluated are:

 Technical approach.  Quality of proposed personnel.  Management plans.

22.6 For contracts under $250,000, best value will primarily be based on the lowest responsive and responsible bid.

23. CONTRACT TIME; LIQUIDATED DAMAGES: Work of all trades as specified in the Contract Documents must be completed in 60 calendar days from the date of Notice-to-Proceed or by NA based on Notice-to-Proceed except for minor replacement, correction, or adjustment items which do not interfere with the complete operation and utilization of all parts of the Contract Work. This Contract Time is of the essence and liquidated damages for each Calendar Day that expires after this Substantial Completion of the entire Work must be in the amount of $ 1,000. Liquidated damages are not a penalty, are cumulative and represent a reasonable estimate of the Owner’s extra costs and damages, which are difficult to estimate with accuracy in advance.

24. MOBILIZATION: If used in the Specifications/Bid schedule, all the up-front costs incurred by the Contractor must be covered by the mobilization. The costs to establish temporary site offices, to obtain required permits for commencing the Work and for bonds and insurance premiums are examples of costs to the Contractor that are covered by mobilization pay item. This cost must not exceed four percent (4%) of the Base Bid, unless otherwise expressly provided in the Bidding Documents.

25. SOIL EROSION AND SEDIMENTATION CONTROL: All Work under this Contract must meet the storm water management requirements of the Project and comply with the applicable Soil Erosion and Sedimentation Control (SESC) rules and regulations and specific provisions for same within the Contract Documents. SESC measures will be monitored and enforced by the State Facilities Administration, or another authorized enforcing agency if so delegated, through the review of the Contractor’s implementation plans and site inspections. State Facilities Administration or the Professional will notify the Contractor in writing of any violation(s) of the applicable SESC statutes and/or the corrective action(s) undertaken by the Owner and may issue stop work orders. State Facilities Administration has the right to assess a fine to the Contractor for noncompliance with the provisions of the Contract Documents and/or SESC regulations applicable to this Work and fines must be in addition to any other remediation costs or liquidated damages applicable to the Project and may exceed the value of the Contract.

END OF SECTION 00100

SECTION 00120 SUPPLEMENTARY INSTRUCTIONS

The provisions of this Section amend or supplement Section 00100 Instructions to Bidders and those other provisions of the Bidding Requirements that are indicated below. All other Bidding Requirements that are not so amended or supplemented remain in full force and effect. 1. The following shall be amended to “SOIL EROSION AND SEDIMENTATION CONTROL” paragraph 25:

The Contractor shall contact the local enforcement agencies to obtain necessary permits and comply with applicable regulations. Contractor shall implement appropriate SESC measures, even when a permit is not required, to ensure that no sediment leaves the project site. The implementation of the SESC measures is incidental to the project.

END OF SECTION 00120 00-7 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

SECTION 00200 INFORMATION FOR BIDDERS

1. UNDERGROUND UTILITIES

Information or data about physical conditions of existing Underground Utilities, which have been used by the Professional in preparing the Bidding Documents, is shown or indicated in the Drawings and technical Specifications and those Underground Utility drawings itemized immediately below. None

2. PERMITS, APPROVALS, LICENSES AND FEES

2.1 If the Owner has secured or will secure any permits, approvals and licenses and has paid or will pay any associated charges and fees, any such permits, approvals and licenses are itemized in this paragraph: None

2.2 If any permits, approvals and licenses itemized above have been obtained by the Owner and the fees have been paid, copies of those permits, approvals, licenses and corresponding fee receipts, are attached to this Section 00200 Information for Bidders.

Except for any permits, approvals, licenses and fees identified above, the Contractor shall be responsible for all permits, approvals, licenses and fees applicable to Work.

3. SEQUENCING REQUIREMENTS

Refer to the technical Specifications, including, but not limited to the General Requirements, for information, data and criteria on sequences of Work restraints, construction and maintenance of service to existing facilities, which, if provided, must govern the selection of Work sequences. Each Bidder must be responsible for any conclusions or interpretations the Bidder makes related to the selection of sequences and Means and Methods, based on the technical data made available, and/or those additional investigations or studies made or obtained by that Bidder.

4. SUBSURFACE CONDITIONS

In preparing the bidding documents, the PSC used the reports of explorations and tests of subsurface conditions itemized immediately. below If those reports are listed and not attached to this Section, they are available for purchase ($ NA per copy) from the Professional.

4.1 Information or data contained in those reports that may be properly considered Authorized Technical Data concerning subsurface conditions include (NOTE: All other information or data excluded from the list below represent Non-Technical Information or Data, interpretations or opinions):

Reports are available for review. Contact DLZ.

4.2 In preparing the bidding documents, the PSC has not used the following reports of explorations and tests of subsurface conditions itemized immediately below. Those reports are available at the office of the Professional for review or purchase. Neither the Owner nor Professional warrants that this list identifies all existing relevant documents. None

5. OTHER PHYSICAL CONDITIONS

5.1 The Drawings and technical Specifications and those drawings itemized immediately below contain information or data that have been used in the preparation of the Bidding Documents, and that may be properly considered Authorized Technical Data concerning physical conditions of existing surface and subsurface facilities. If those drawings and specifications are listed and not attached to this Section, they are available for purchase ($ NA per copy) from the Professional. None

5.2 The reference documents itemized immediately below have not been used in the preparation of the Bidding Documents, and are available for review or purchase. Information and data contained in those reference documents, including, but not limited to dimensions, locations and conditions of existing surface and subsurface structures, roadways, piping, raceways, equipment, etc. may not accurately or reliably reflect actual conditions. Neither the Owner nor Professional warrants that this list identifies all existing relevant documents. None

END OF SECTION 00200

SECTION 00700 GENERAL CONDITIONS

1. Interpretations: Any requests for clarifications or interpretations of the Contract Documents must be in writing to the Professional, who will issue written clarifications or interpretations as appropriate. If the Contractor believes that such clarification or interpretation justifies an adjustment to the Contract Price/Time, the Contractor must promptly notify the Professional in writing before proceeding with the Work Involved. 00-8 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

1.1 Standards: The Contract Documents describe the entire Work. The provisions of the Contract Documents must govern over any standard specifications, manual or code of any technical society, organization or association but, if lower than the standards set by any Law applicable to the Work or the Project, the higher standards must govern. The Contractor’s responsibilities extend to cover Subcontractors and Suppliers if liable as a result of their actions or obligations.

1.2 Contract Time Computation: The time to complete the Work must be made in Calendar Days and must include both the first and last day. The first day is established by the Notice-to-Proceed.

1.3 Technical Specifications and Priority: The following applies whenever priority is called for in Contract Documents: specifications must govern Drawings; figured dimensions must govern scaled dimensions; detail drawings must govern general drawings; Drawings must govern Submittals.

1.4 Indemnification: The Contractor is required to defend, indemnify and hold harmless the Owner and the Professional, their employees, agents, servants, and representatives from and against all claims, suits, demands, actions of whatever type and nature and all judgments, costs, losses and damages, whether direct, indirect or consequential including, but not limited to, charges of architects, engineers, attorneys and others and all court, hearing and any other dispute resolution costs arising from:

(a) any patent or copyright infringement by the Contractor; (b) any damage to the premises or adjacent lands, areas, properties, facilities, rights-of-way and easements, including loss of use to the business and property of others as a result of Contractor’s operations; (c) any bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use due to or related to the Work and caused in whole or in part by the Contractor or Subcontractor or Supplier’s negligence, omissions or failure to maintain the required insurance and coverage and; (d) a failure by the Contractor to appropriately handle Hazardous Materials for the Work or the Contractor’s operations in compliance with the Owner requirements and/or applicable Laws and regulations.

The indemnification obligations are not affected by the limitation on the amount and types of damages, compensation or benefits payable by or for the Contractor or Subcontractor or Supplier under worker’s or workman’s compensation acts, disability benefit acts or other employee benefit acts.

1.5 Contract Documents Ownership: The State is the owner of the Contract Documents. The Contractor, Subcontractor or Supplier must not reuse any of the documents on any other Project without prior consent of the State and Professional. The Professional will furnish on behalf of the Owner at no cost to the Contractor, up to ten copies of Drawings and Project Specifications.

2. GENERAL PROVISIONS

2.1 Owner: the Project Director and/or Owner Field Representative will represent the Owner. Neither the Project Director nor the Owner Field Representative has the authority to interpret the requirements of the Contract Documents or to authorize any changes in the Work or any adjustment in Contract Price/Time. The State will provide the necessary easements for permanent structure and permanent changes in existing lands, areas, properties and facilities. However, the Contractor must obtain, at no increase in Contract Price/Time, permits for any other lands, areas, properties, facilities, rights-of-way and easements required by the Contractor for temporary facilities, storage, disposal of soil or waste material or any other purpose. The Contractor must submit copies of the permits and written agreements to the Owner. The Contractor must engage a registered land surveyor to establish the necessary reference points and/or base lines for construction and must be responsible for protecting them including benchmarks and Project elevations.

2.2 Professional: Acting as the Owner’s representative during the Contract Time period, the Professional will endeavor to guard the Owner from Defective work and to keep the Owner informed of the progress of the Work. Unless delegated by specific written notice from the Owner, the Professional and the Professional’s representatives do not have the authority to authorize any changes in the Work or any adjustment in Contract Price/Time. The On-site Inspections by the Owner Field Representative and/or the Professional do not relieve the Contractor from its obligation to provide the Work in accordance with the Contract Documents or represent acceptance of Defective Work.

2.3 Contractor: The Contractor must manage, supervise, and direct the Work competently, applying the management, supervision, skills, expertise, scheduling, coordination and attention necessary to provide the Work in accordance with the Contract Documents with a minimum disturbance to or interference to the business operations on site or adjacent properties. The Contractor must assign and maintain a competent full-time superintendent on the Work, as its representative, at all times while Work is being done on site and must not be replaced without the Owner’s consent. The Contractor shall enforce good order among its employees and shall not employ on the work any disorderly, intemperate, or unfit persons, or not skilled in the work assigned to them. The Contractor is solely responsible for his Means and Methods, safety precautions and programs related to safety, the Contractor’s failure to execute the Work in accordance with the Contract Documents and any act of omissions by the Contractor, Subcontractor or Supplier. The Contractor must compare Contract Documents for conflicts, unworkable or unsafe specified Means and Methods and verify against manufacturer’s recommendations for installations and handling and must notify the Professional in writing of the discovery of any such conflicts or errors. The Contractor is required to furnish certifications that lines and grades for all concrete work were checked before and after placing concrete, and that final 00-9 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

grades are as required by the Contractor Documents. Wherever required, the Contractor must be responsible for all cutting, fitting, drilling, fixing-up, and patching of concrete, masonry, gypsum board, piping and other materials that may be necessary to make in-place Work and dependent Work fit together properly. The Contractor must restore to pre-existing conditions all walks, roadways, paved or landscaped areas and other real and personal property not designated for alteration by the Contract Documents. The Contractor must maintain at the site one copy of material safety data sheets (MSDS) and one copy of all as- built/Record Documents in good order and annotated in a neat and legible manner to show:

(a) all revisions made, (b) dimensions noted during the furnishing and performance of the Work, and (c) all deviations between the as-built installation and the Contract Documents, all approved Submittals and all clarifications and interpretations.

The Contractor must maintain and furnish promptly to the Owner and the Professional upon their request daily field reports recording the on-site labor force and equipment (Contractor and Subcontractors); materials/equipment received; visits by Suppliers; significant in-progress and completed trade Work within major areas; and other pertinent information. The Contractor is obligated to act to prevent threatened damage, death, injury or loss without any special instruction in emergencies and must give the Owner prompt written notice of any changes in Work resulting from the action taken for review and approval.

2.4 Subcontractors and Suppliers: The Owner assumes no contractual obligations to anyone other than the Contractor. All trade construction Drawings must be field coordinated before fabrication and/or installation. The Owner reserves the right to reject or revoke, for its convenience, any approved Subcontractor/Supplier. Work performed by any Subcontractor or Supplier must be through an appropriate written agreement that: (a) expressly binds the Subcontractor/Supplier to the requirements of the Contract Documents, (b) requires such Subcontractor or Supplier to assume toward the Contractor all the obligations that the Contractor assumes toward the Owner and the Professional, and (c) contains the waiver of rights and dispute resolution provisions.

2.5 Access to Payroll Records: The Contractor and its Subcontractors must comply with the Prevailing Wage Rates for the county where the Project is located, and must maintain and keep, in accordance with generally accepted accounting principles, records pertaining to the bidding, award and performance of the Work, including, but not limited to certified payroll, employment records and all data used in estimating the Contractor’s prices for the Bid, Change Order, proposal or claim. The Owner or its representative must have access to those records, must have the right to interview the Contractor’s employees and must be provided with appropriate facilities for the purpose of inspection, audit/review and copying for five years after final payment, termination or date of final resolution of any dispute, litigation, audit exception or appeal. The payroll and other employment records of workers assigned to the site must contain the name and address of each worker, correct wage classification, rate of pay, daily and weekly number of hours worked, deduction made and actual wages paid. The Contractor must maintain records that show: (a) the anticipated costs or actual costs incurred in providing such benefits, (b) that commitment to provide such benefits is enforceable, and (c) that the plan or program is financially responsible and has been communicated in writing to the workers affected.

3. Bonds and Insurance:

3.1 Both the Performance Bond and Payment Bond must remain in effect from the date of Contract Award until final completion of the Work or the end of Correction Period, whichever comes later. The surety bonds required for a Construction Contract will not be accepted by SFA unless the surety bonding company is listed in the current United States Government, Department of Treasury’s, Listing of approved sureties (bonding/insurance companies), Department Circular 570. Copies of the current Circular listing may be obtained through the internet web site at http://www.fms.treas.gov/c570/c570.html.

Insurers must have an “A-“ A.M. Best Company Rating and a Class VII or better financial size category as shown in the most current A.M. Best Company ratings. Insurance must be provided by insurers authorized by the Department of Insurance and Financial Services (DIFS) to do business as an insurer in Michigan. The insurance company and must attach evidence of the authorization. These certificates must specify the Project File No., Index No., Project Title, and a description of the Project. The Contractor agrees that insurance coverage afforded under the policies as such coverage relate to the State under this Contract as determined by the Contractor will not be modified or canceled without at least thirty calendar days prior written notice to the State. The latest A.M. Best’s Key Ratings Guide and the A.M. Best’s Company Reports (which include the A.M. Best’s Ratings) are found at: http://www.ambest.com. The Contractor must not perform any part of the Work unless the Contractor has all the required insurance in full force and effect.

3.2 The Contractor is required to provide proof of the minimum levels of insurance coverage as indicated below. The purpose of this coverage must be to protect the State from claims which may arise out of or result from the Contractor’s performance of services under the terms of this Contract, whether such services are performed by the Contractor, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable.

The Contractor waives all rights against the State for recovery of damages to the extent these damages are covered by the insurance policies the Contractor is required to maintain pursuant to this Contract. The Contractor also agrees to provide evidence that all applicable insurance policies contain a waiver of subrogation by the insurance company. 00-10 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

All insurance coverages provided relative to this Contract/Purchase Order is PRIMARY and NON-CONTRIBUTING to any comparable liability insurance (including self-insurances) carried by the State.

The Insurance must be written for not less than any minimum coverage herein specified or required by law, whichever is greater. All deductible amounts for any of the required policies are subject to approval by the State.

The State reserves the right to reject insurance written by an insurer the State deems unacceptable.

BEFORE THE CONTRACT IS SIGNED BY BOTH PARTIES OR BEFORE THE PURCHASE ORDER IS ISSUED BY THE STATE, THE CONTRACTOR MUST FURNISH TO THE DIRECTOR-SFA CERTIFICATE(S) OF INSURANCE VERIFYING INSURANCE COVERAGE. THE CERTIFICATE MUST BE ON THE STANDARD “ACCORD” FORM. THE CONTRACT OR PURCHASE ORDER NUMBER MUST BE SHOWN ON THE CERTIFICATE OF INSURANCE TO ASSURE CORRECT FILING. All such Certificate(s) are to be prepared by the Insurance Provider and not by the Contractor. All such Certificate(s) must contain a provision indicating that coverages afforded under the policies WILL NOT BE CANCELLED, MATERIALLY CHANGED, OR NOT RENEWED without THIRTY days prior written notice, except for 10 days for non-payment of premium, having been given to the Director-SFA Such NOTICE must include the CONTRACT NUMBER affected and be mailed to the Project Director.

The Contractor is required to provide the type and amount of insurance below:

(a) Commercial General Liability Insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it must apply separately to this project.

The Contractor must list the State, its departments, divisions, agencies, offices, commissions, officers, employees and agents as ADDITIONAL INSUREDS on the Commercial General Liability policy.

(b) Vehicle Liability Insurance for bodily injury and property damage as required by law on any auto including owned, hired and non-owed vehicles used in the Contractor’s business.

The Contractor must list the State, its departments, divisions, agencies, offices, commissions, officers, employers and agents as ADDITIONAL INSUREDS on the vehicle liability policy.

(c) Worker’s disability compensation, disability benefit or other similar employee benefit act with minimum statutory limits.

NOTE: (i) If coverage is provided by a State fund or if Contractor has qualified as a self-insurer, separate certification must be furnished that coverage is in the state fund or that Contractor has approval to be a self-insurer; (ii) Any citing of a policy of insurance must include a listing of the States where that policy’s coverage is applicable; and (iii) This provision must not be applicable where prohibited or limited by Michigan law.

(d) Employer’s Liability Insurance with the following minimum limits:

$1,000,000 each accident $1,000,000 each employee by disease $1,000,000 aggregate disease

(e) Pollution Liability Insurance in the amounts of not less than $1,000,000 per occurrence is required.

3.3 Liability Insurance: Liability insurance must be endorsed to list as additional insureds the Professional’s consultants and agents. Worker’s Compensation, Employer’s Liability Insurance and all other liability insurance policies must be endorsed to include a waiver of rights to recover from the Owner, Professional and the other additional insureds. The Contractor’s liability insurance must remain in effect through the Correction Period and through any special correction periods. For any employee of the Contractor who is resident of and hired in Michigan, the Contractor must have insurance for benefits payable under Michigan’s Worker’s Compensation Law. For any other employee protected by Worker’s Compensation Laws of any other state, the Contractor must have insurance or participate in a mandatory state fund, where applicable, to cover the benefits payable to any such employee. These requirements must not be construed to limit the liability of the Contractor or its insurers. The Owner does not represent that the specified coverage or limits of insurance are sufficient to protect the Contractor’s interests or liabilities.

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3.4 Builder’s Risk Insurance: Unless indicated otherwise in the bid document, the Contractor will purchase and maintain property insurance for 100% of actual cash replacement value of the insurable Work while in the course of construction, including foundations, additions, attachments, and all fixtures, machinery and equipment belonging to and constituting a permanent part of the building structures. The property insurance also will cover temporary structures, materials and supplies to be used in completing the Work, only while on the building site premises or within five hundred feet of the site. The property insurance insures the interests of the Owner, Contractor and all Subcontractors and Suppliers at any tier as their interest may appear. The property insurance insures against “all risk” of physical loss or damage to the extent usually provided in policy forms of insurers authorized to transact this insurance in Michigan. A copy of the master insurance policy will be available for review by the State, upon request.

3.5 The Owner and Contractor intend that the required policies of property insurance must protect all the parties insured and provide primary coverage for all losses and damages caused by the perils covered. Accordingly, to the extent that the insurance company pays claims, the Owner and the Contractor and its Subcontractors/Suppliers waive all rights against each other for any such losses and damages and also waive all such rights against the Professional and all other persons named as insureds or additional insureds.

4. Prosecutions; Substantial Completion:

4.1 The Contractor must not start the Work at the site before the first day established by the Notice to Proceed and/or before all insurance is in effect. A pre-construction conference will be held with the Contractor to review its Progress Schedule, qualifications of its key personnel, its proposed access to the site, traffic and parking, procedures for submittal, change orders, etc., and to exchange emergency contact information. The Contractor must use its accepted Progress Schedule when making proposals or claims for adjustment in Contract Time/Price.

4.2 Except in an Emergency, all Work at the site must take place during normal working hours; 6:00 AM to 6:00 PM, during Business Days and in accordance with the special working conditions for the Agency. If the Contract Documents allow work outside the normal hours, the Contractor must provide a written notice to the Owner twenty-four hours before performing such Work and must reimburse the Owner any related increase in the costs incurred by the Owner such as overtime charges of the Professional and payments for custodial and security personnel.

4.3 If, upon inspection and completing all pre-requisite testing of the Work, the Contractor considers that a portion of the work or all of the Work is substantially completed, it must provide a list of items to be corrected or completed to the Owner and the Professional for joint inspection. Within ten Calendar Days of this joint inspection, the Professional will deliver to the Owner and Contractor a list of incomplete/Defective work or a Certificate of Substantial Completion with a Punch List. The certificate must: (a) fix a reasonable date of Substantial Completion, (b) fix a date for completion of the Punch List, and (c) recommend the division of responsibilities between the Owner and Contractor for utilities, security, safety, insurance, maintenance, etc.

Upon issuing the Certificate of Substantial Completion, the Owner will pay for the completed Work subject to (a) withholding of two hundred percent of the value of any uncompleted Work, as determined by the Professional, and (b) any other deductions as the Professional may recommend or may withhold to cover Defective work, liquidated damages and the fair value of any other items entitling the Owner to a withholding. Prerequisites for Substantial Completion, over and above the extent of Work completion required, include (a) receipt by the Owner of operating and maintenance documentation, (b) all systems have been successfully tested and demonstrated by the Contractor for their intended use, and (c) the Owner having received all required certifications and/or occupancy approvals from the State and those Political Subdivisions having jurisdiction over the Work. Receipt of all certifications and/or occupancy approvals from those Political Subdivisions with jurisdiction in and of itself does not necessarily connote Substantial Completion. The Contractor must provide all related operating and maintenance (O&M) documentation to the Owner before training if training is required and not later than Substantial Completion otherwise. The Contractor must give the Owner the final O&M documentation (with revisions made after Substantial Completion) before the request for final payment.

4.4 The Owner may decide to use, at its sole option, any functioning portion of the Work and will inform the Contractor in writing of the decision. The portion of Work to be used must be jointly inspected to determine the extent of completion if it has not undergone the inspection for Substantial Completion. The Professional must prepare a list of items to be corrected/completed and the Owner will allow the Contractor reasonable access to correct/complete the listed items and finish other work.

5. Warranty; Tests, Inspections and Approvals; Corrections of Work:

5.1 Warranty: The Contractor must furnish the State with a written guarantee to remedy any defects due to faulty materials or labor which appear in the Work within one year from the date of final acceptance by the State. This warranty excludes defect or damage caused by (a) abuse, modification by others, insufficient or improper operation or maintenance, or (b) normal wear and tear under normal usage. Manufacturer warranties for materials and equipment received by the Contractor must be assigned and promptly delivered to the Owner at Substantial Completion. The warranties period starts from the date of the substantial completion and must be in full force and effect for the entire duration of the Correction Period. 00-12 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

Roof Warranty: For roofing systems, the following warranties are required as minimum:

(a) A two-year contractors warranty against any defects due to faulty materials or labor; (b) A fifteen-year manufacturer’s total system warranty; and (c) A twenty-year membrane/shingles/tiles warranty.

5.2 Tests, Inspections and Approvals: The Owner will perform or retain a professional/agency to perform inspections, tests or approvals for those materials required to meet quality control standards specified in the Contract Documents. However, the Contractor must assume full responsibility for any testing, inspection or approval (a) required to meet code requirements, as promulgated by code inspecting authorities; (b) required by Law; (c) indicated or required by the Contract Documents; (d) required for the Professional’s acceptance of a Supplier, materials or equipment or mix designs submitted for prior approval by the Contractor; or (e) Defective work, including an appropriate portion of the Delay and costs occasioned by discovery of Defective work. The Contractor must (a) pay all related costs; (b) schedule related activities; and (c) secure and furnish to the Professional the required certificates of inspection, testing or approval. The Contractor must provide proper and safe access to the site for inspection, testing or approval. The Contractor must provide the Professional a timely notice whenever any Work is ready for inspection, testing or approval. If the Contractor covers any Work without proper approval by the Professional as required by the Contract Documents, the Contractor must, at its own expense, uncover, expose or otherwise make available, when requested by the Professional or Owner, for testing, inspection or approval of the covered Work.

5.3 Correction of Work: If any testing, inspection or approval reveals Defective Work and the Work is rejected by the Professional, the Contractor, at its sole expense, must promptly, as directed, correct or remove the Defective Work from the site and replace it with non-Defective Work within the Correction Period. The Contractor must bear responsibility for its proportionate share of the Delay and costs resulting from the correction and/or removal and replacement of Defective Work. If the Contractor, within reasonable and agreed upon time after receipt of written notice, (a) fails to correct Defective Work or remove and replace rejected Work, or (b) fails to correct or complete items on any Punch List, or (c) fails to perform Work in accordance with the Contract Documents, or (d) fails to comply with any other provision of the Contract Documents, the Owner, directly or through others, after seven Calendar Days from the date of the written notice to the Contractor, may correct and remedy the Defective Work. To the extent necessary to correct and remedy such Defective Work, the Owner must be allowed to exclude the Contractor from all or part of the site; take possession of all or part of the Work and stop related operations of the Contractor; take possession of the Contractor’s tools, plant and office and construction equipment at the site; and incorporate into the Work materials and equipment for which the Owner has paid the Contractor. The Contractor must allow the Owner and the Professional easy access to the site to correct such Defective Work. The Owner must be entitled to an appropriate decrease in Contract Price for all claims, costs, losses, damages and Delay incurred or sustained by the Owner which are attributable to the Contractor. Such costs may include, but not limited to, costs of correction or removal and replacement of Defective Work, costs of repair and replacement of other work destroyed or damaged by the action and related charges of the Professional. If the discovery of the Defective Work takes place after final payment and the Contractor fails to correct and pay the Owner any of these costs, the Owner must demand due performance under the Performance Bond. Until the period of limitation provided by Michigan Law, the Contractor must promptly, and upon receipt of written notice from the Owner, correct Defective Work. In the event of an Emergency or unacceptable risk of loss or damage or if appropriate under the circumstances, the Owner, directly or through others under contract with the Owner, may correct or remove and replace the Defective Work. The specified correction of Work requirements have no limitation on the rights of the Owner to have Defective Work corrected or removed and replaced, if rejected, except as otherwise provided by the Michigan Law.

5.4 Special Correction Period Requirements: Whenever the Owner undertakes any portion of the Work because the Contractor’s act or omission Delays completion of the Work or it is eligible for Partial Use, the warranties for all materials and equipment incorporated into that portion of the Work must remain in full force and effect between the start of such Partial Use and the date when the Correction Period starts. The Correction Period for any Defective Work that is corrected or rejected and replaced within the last three months of the Correction Period must be extended by an additional six months, starting on the date such Work was made non-Defective.

5.5 Special Maintenance Requirements: If the Contract Documents specify that the entire Work, or a portion of the Work, upon reaching Substantial Completion, must not be placed in use by the Owner, the Contractor must maintain the Work, or specified part of the Work, in good order and proper working condition and must take all other actions necessary for its protection between the certified date of Substantial Completion and the date when the Work, or designated part of the Work, is placed in use. If no separate price for such special maintenance period was requested and made part of the Contract Documents, the Owner will amend the Contract Documents to appropriately increase the Contract Price.

6. Changes:

6.1 Changes in the Work: The Owner may, at any time, without notice to sureties, make any changes bilaterally or unilaterally, by a written Change Order, in the Work within the general scope of the Contract, including but not limited to changes in the Specifications, materials, or Contract Time. In a bilateral change order, the Owner may direct the Professional to prepare a Bulletin describing the change being considered. Upon receiving the Bulletin, the Contractor establishes the cost and returns it 00-13 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

to the Professional for review within 15 calendar days. The Contractor’s proposal must be irrevocable for 60 Calendar Days after it is submitted to the Professional. If the Professional recommends acceptance of the Bulletin and the Owner agrees with the changes, the Owner issues a written bilateral Contract Change Order to amend the Contract Documents. However, the Owner may issue a unilateral Change Order if the Owner and Contractor are unable to agree on the adjustment in Contract Price or Time. If the Contractor disagrees with such unilateral Contract Change Order, the Contractor must complete the Work and may deliver notice of a claim in accordance with the claim submittal process.

6.2 Differing Site Condition: The Owner does not warrant that any technical data, including the Project reference points, provided by the Owner is necessarily sufficient and complete for the purpose of selecting Means and Methods, initiating, maintaining and supervising safety precautions and programs or discharging any other obligation assumed by the Contractor under the Contract Documents. If different or unknown site conditions are discovered, the Contractor must notify the Owner in writing before the conditions are disturbed or before proceeding with the affected Work. Upon review, if the Owner decides to agree with the differing site conditions, with the Professional’s advice, the Owner may issue a written Contract Change Order to amend the Contract Price or Time through the Bulletin authorization process. If the Owner decides to disagree with the Contractor and the Contractor disagrees with the Owner’s decision, the Contractor must complete the Work and may deliver notice of a claim in accordance with the claim submittal process. No proposal or claim by the Contractor due to differing site conditions will be allowed (a) if the Contractor knew of their existence before submitting its Bid or if those conditions could have been discovered by any reasonable examinations for which the Contractor, as Bidder, was made responsible under the Bidding Requirements and/or (b) unless the Contractor’s notice is provided on a timely basis and gives the Owner adequate opportunity to investigate the asserted differing site conditions.

6.3 Responsibilities for Underground Utilities: The Contractor must comply with the 1974 PA 53, as amended, MCL 460.701 et seg., and all other Laws concerning Underground Utilities. Before performing site Work, all Underground Utilities, lines and cables (public and private) must be located and marked. The Contractor must notify MISS DIG to locate and mark utilities on properties that are not State properties. In addition, the Contractor must be responsible for immediately notifying the Owner of any contact with or damage to Underground Utilities, and for the safety, protection of and repairing any damage done to any Work, surface and subsurface facilities. If the Contractor encounters Underground Utilities that inaccurately located by the Contract Documents or not previously located/marked, which could not be reasonably have been seen, the Owner may issue a written Contract Change Order to amend the Contract Price or Time through the Bulletin authorization process.

6.4 Hazardous Material Conditions: If the Contractor encounters material reasonably believed to be Hazardous Material, which was not described in the Drawings and/or Specifications and was not generated or brought to the site by the Contractor, the Contractor shall immediately stop all affected work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions in accordance with all federal, State and local laws. Upon receipt of the notice, the Owner will investigate the conditions and (a) may stop the Work and terminate the affected Work or the Contract for convenience; (b) may contract others to have the Hazardous Material removed or rendered harmless or; (c) issue a written Contract Change Order to amend the Contract Price/Time through the Bulletin authorization process. If the Hazardous Material is brought to site by the Contractor or as a result in whole or in part from any of its violation of any Law covering the use, handling, storage, disposal of, processing, transport and transfer or from any other act or omission within its control, the Contractor is responsible for the Delay and costs to clean up the site, remove and render harmless the Hazardous Material to the satisfaction of the Owner, State and all Political Subdivisions with jurisdiction.

6.5 Incidents with Archaeological Features: The Contractor must immediately notify the Owner in writing of any Archeological Feature deposits encountered at the site and must protect the deposits in a satisfactory manner. If the Contractor encounters such features, which result in an anticipated change to the Contract Price/Time, the Owner may issue a written Contract Change Order through the Bulletin authorization process.

6.6 Unit Price Work: Quantities as listed have been carefully estimated but are not guaranteed. The Owner reserves the right to increase or decrease the quantities of the Work to be performed at the Unit Price by amounts up to 20 percent of the listed estimated quantities. For Unit Price Work, the Contractor must promptly inform the Professional in writing if actual quantities differ from the estimated quantities for any item. For quantities over 120% or below 80% of the estimated quantity, the Owner may negotiate a Unit Price with the Contractor, or direct a unilateral change, or bid that Work under separate contract. Any adjusted Unit Price agreed upon by the Owner will only apply to the actual quantities above 120% or below 80% of the estimated quantity. No adjustment due to quantity variations must be allowed (a) unless the Contractor met the notice requirements, or (b) if any Unit Price increase results in whole or in part from any act or omission within the control of the Contractor (errors in the Contractor's Bid, unbalanced Unit Prices, etc.). If a dispute arise between the Owner and the Contractor on the adjusted Unit Price, the Contractor must carry on the Work with due diligence during the disputes/disagreements.

6.7 Cash Allowances; Provisionary Allowances: The Contractor must obtain the Professional’s and Project Director’s written acceptance before providing materials, equipment, or other items covered by Cash Allowance. Work authorized under any Provisionary Allowance may consist of (a) changes required by actual conditions, as determined by the Professional, and (b) any other Work authorized and completed under the pertinent provisions of the Contract Documents.

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6.8 Changes in Contract Price:

6.8.1 The Contractor’s proposals or claims for Work Involved must detail all affected items of Work, whether increased, revised, added or deleted, and must be fully documented and itemized as to (a) individual adds and deducts in Work quantities and labor man-hours; (b) corresponding itemized cost of Work Involved; (c) materials and equipment cost including transportation, storage and suppliers’ field services; and (d) Fee.

6.8.2 For Contractor’s proposals or claims for adjustments in Contract Price arising from Delays, the Contractor’s estimates must be as comprehensive and detailed as may be appropriate to support the proposal or claim. Examples of related information include labor manpower levels, production data and Progress Schedule revision.

6.8.3 If the Contract Documents use lump sum or Unit Prices for the Work Involved, those prices must be used in estimating the price change. Otherwise, the Owner may direct the Contractor to proceed (a) on a negotiated lump sum; or (b) on an actual cost basis with or without a guaranteed maximum; or (c) through a unilateral Change Order on a lump sum basis or a not-to- exceed basis, based on the Professional’s estimate of the anticipated Cost of the Work Involved and a fee. Items making-up the Cost of the Work Involved must be allowable to the extent (a) consistent with those prevailing in the Project locality, (b) necessary, reasonable and clearly allocable to the Work Involved, and (c) limited to labor costs, subcontract costs, material and equipment costs, construction equipment costs and general conditions costs.

6.8.4 In estimating any additional cost by the Contractor or its Subcontractor, the rates for the craft labor man-hour used in estimating changes in Contract Price must not exceed the rates in Means Cost Data (Means) or other cost guide acceptable to the Owner. If the rates exceed the acceptable cost guides, the Contractor must provide proper justifications acceptable to the Professional and the Owner. The payroll costs may be used to quote a Bulletin. However, the payroll costs must include wages, labor burdens and a factor for field supplies and purchase costs (less market values if not consumed) of tools not owned by the workers. Labor burdens must be certified by an authorized financial representative of the Contractor and may include social security, unemployment, taxes, workers’ compensation, health and retirement benefits, vacation and holiday pay. The factor for field supplies and tools (individually valued at less than $1,000.00) must not exceed 4% of the wages without burdens, unless detailed data, which supports higher costs, is provided. Rates for owned, rented or leased construction equipment must be in accordance with the contract price rates. Otherwise, the appropriate hourly, daily, weekly or monthly rates listed in Means must be used. However, if the total rental or lease cost of an item to the Project exceeds the reasonable purchase price of the rented or leased item, the Owner reserves the right to pay only the purchase price of the item and take title to the item. Operating cost must not exceed the hourly operating rate in Means and for multiple shifts, rates must not exceed the shift work adjustments recommended in the cost guide.

6.8.5 The cost of any Work Involved may include necessary general conditions costs to the extent those costs increase or decrease on account of, or are directly attributable to, the performance of the furnishing and/or performance of the additional Work Involved, or are required due to an extension in Contract Times or Delays. Such costs may include payroll costs of personnel, temporary facilities at the site, liability insurance and bond premiums, Subcontractors, royalty payments and fees for permits and licenses and taxes on the Work Involved.

6.8.6 A contractor or subcontractor who performs the Work may charge a fee of up to 15% of the cost of Work involved for overhead and profit. Contractor may charge a mark-up fee of up to 5% of its Subcontractor’s cost excluding fees if the Work is performed by the Subcontractor. If Work is to be performed by lower tier subcontractor(s), intermediate subcontractors must share a fee of up to 5% of the lowest tier subcontractor’s cost excluding fees. The total mark-up fees for the Work must not exceed 25% of the lowest tier subcontractor’s cost excluding fees. If the adjustment to the Contract Price incorporates a contractor reservation of rights to claim additional adjustments, the fees must be reduced by one-third. Contractor’s administrative costs and home office overhead must be non-reimbursable expenses covered by the Fee for the Work.

6.9 Changes in Contract Time:

6.9.1 If a justified extension beyond the Contract Time is not reasonably anticipatable under the circumstances, the Owner may approve an extension to the Contract Time through the Bulletin authorization process at no additional cost to the Owner. Examples of events that may justify an extension in the Contract Time include acts of God; acts of the public enemy; fires; floods; and strikes.

6.9.2 If, at any time during the life of this Contract, the Contractor finds that for reasons beyond its control, it will be impossible to complete the Work on or before the Contract completion date, a written request for a change to the Contract extending the time of completion must be submitted. Such a request must set forth in precise detail the reasons believed to justify an extension and must be in such format as the State may require.

6.9.3 When submitting a quotation for a Contract change authorization for extra work or change in plans, the Contractor must include as part of the quotation, a statement requesting any extra time necessary to complete the related Work. Lack of such a statement will serve as notification that the extra time will not be required to complete the Contract work and will waive the right to a later claim. The Owner will not pay additional compensation to the Contractor for performing Contract Work during any extension period granted. 00-15 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

6.9.4 If the Progress Schedule and the funding allow for an early completion date, the Contractor may submit to the Owner for approval, a request to shorten the Contract Time. If approved by the Owner, the new Contract Time applies to the Project and liquidated damages, if any, will be assessed for any delays after the new completion date.

6.10 Price Reduction for Defective Cost or Pricing Data: Whenever the Contractor signs a proposal for a change in the Contract or claim settlement, the Contractor will be deemed to have certified on behalf of itself, Subcontractors and Suppliers, to its best knowledge and belief that the proposal and its contents (a) were made in good faith and are consistent with the facts and the provisions of the Contract; and (b) are current, complete and accurate. If the Contract Price/Time is increased by any Change Order, claim or dispute settlement because the Contractor, Subcontractor or Supplier, at any tier, represented or furnished cost or pricing data of any kind that were false, contained math errors or were incomplete, the Contract Price must be correspondingly reduced by Change Order. If there is a good cause to doubt the Contractor’s compliance with the Defective cost and pricing data requirements, the Owner must be entitled to make an appropriate withholding from any payment otherwise owed to the Contractor.

7. Payments

7.1 Schedule of Values: The Schedule of Values must be approved by the Professional and accepted by the Owner and must divide the Work into pay items for significant Sections and areas, facilities or structures, with subtotals for first tier Subcontractors. If required in Division 1, the accepted Schedule of Values must be supported by a more detailed breakdown allocating the pay items to the Progress Schedule Activities. It must tabulate labor costs, Subcontract costs and material and equipment costs. Labor costs must include appropriate sums for construction equipment costs, general conditions costs, administrative costs and profit, unless separate pay items are itemized for those costs. The Schedule of Values must include two percent of the Contract Price for each of the following close-out pay items: (a) fire safety inspection, certificate of occupancy and other code approvals, as specified in the Contract Documents, (b) manufacturer warranties, finalized operating and maintenance documentation, Owner training documentation, and test and balance reports, and (c) finalized as- built/Record Documents.

7.2 Requests for Payment: Not more than once every thirty Calendar Days, the Contractor may submit to the Professional a Request for Payment on the Owner’s form signed by the Contractor certifying Work completed and enclosing all supporting documentation. A draft copy of the payment request may be submitted to the Owner Field Representative for review and comments. For projects under $50,000, the Contractor may not submit more than two requests in addition to the final payment request. Each Request for Payment must certify that all monies owed by the Contractor to Subcontractors and Suppliers for which payment previously has been sought has been paid from payments received. No Request for Payment must include amounts for a Subcontractor or Supplier if the Contractor does not intend to use the payments requested, when received, to reduce the Contractor’s outstanding obligations on the Work. The Owner will pay the Contractor within thirty Calendar Days after the Owner receives and approves a certified Request for Payment from the Professional. The Contractor will provide a certification in writing that the payment request submittal is true and accurate. If payment is requested based on materials and equipment stored at the site or at another location agreed to in writing, the Request for Payment also must be accompanied by (a) consent of surety, (b) a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, and (c) evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect them and the Owner's interests. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Request for Payment, whether incorporated in the Work or not, will pass to the Owner free and clear of all liens no later than at the time of payment by the Owner to the Contractor.

7.3 Review of Request for Payment; Intent of Review: Within ten Calendar Days after receipt of a Request for Payment, the Professional must certify to the Owner the amount the Professional determines to be due, or must return the Request for Payment to the Contractor indicating the reasons for withholding certification. The Professional's certification of any Request for Payment constitutes a representation to the Owner that the Work has progressed to the point indicated; that to the best of the Professional's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment in the amount certified. In the case of final payment, the Professional's certification of final payment and recommendation that the Work is acceptable must be a further representation that conditions governing final payment to the Contractor have been met.

7.4 Refusal to Make or to Recommend Payment: The Owner may withhold from any payment an amount based on the (a) Professional's refusal to recommend payment or (b) Owner's estimate of the fair value of items included in the payment request. The Owner will give the Contractor reasonably prompt written notice supporting such action. The Professional may refuse to recommend any part of any payment, or because of subsequently discovered evidence, inspections or tests or the value of the Punch List, nullify all or any portion of any payment previously recommended, as the Professional may consider necessary to protect the Owner from loss because:

(a) the Work is Defective or completed Work has been damaged requiring correction or replacement, (b) the Contract Price has been reduced by Change Order, (c) it has been necessary that the Owner correct Defective Work or complete Work, (d) reasonable evidence exists that all or a part of the Work will not be completed within the corresponding Contract Time,

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(e) the Contractor failed to comply with any material requirements of the Contract, including, but not limited to the failure to submit Progress Schedule Submittals or as-built/Record Documents when due, (f) stored materials for which payment has been made or is sought has been determined by the Professional or the Owner Field Representative to be damaged or missing, or (g) the Professional reasonably believes or knows of the occurrence of an event justifying termination for cause.

7.5 Request for Final Inspection: The Contractor must complete the Substantial Completion Punch List within the Contract Time and date. The Contractor must assemble all required documentation before requesting final inspection in writing. The Contractor may request final inspection of the entire Work, or the part of the Work for which final payment is specified in the Contract Documents. Upon this written notice, and if deemed appropriate by the professional, the Professional will make a final completion inspection with the Owner and Contractor and notify the Contractor of all incomplete or Defective Work revealed by the Final Inspection. The Contractor must immediately correct and complete the Work.

7.6 Close-out Documents: The Contractor must prepare and submit the following documentation before requesting final inspection or final payment: final operating and maintenance documentation (with revisions made after Substantial Completion), warranties, inspection certificates, as-built/Record Documents, release of payment claim forms, and all other required documents.

7.7 Request for Final Payment: The Contractor may request final payment after correcting or completing the Work to the satisfaction of the Professional and delivering close-out documentation (7.6). The Contractor’s request for final payment must also enclose:

(a) evidence of completed operations insurance and an affidavit certifying that the insurance coverage will not be canceled, materially changed, or renewal refused, (b) an affidavit certifying that the surety agrees that final payment does not relieve the surety of any of its obligations under the Performance Bond and Payment Bond, (c) a completed DTMB-0460 Form close out checklist, (d) a list of all pending insurance claims rising out of or resulting from the Work being handled by the Contractor and/or its insurer (e) Contractor’s ‘Guarantee and Statement’ (DTMB-0437) containing a statement of guaranteed indebtedness acceptable to the Owner in the full amount of the Contract Price, or a release of payment claims in the form of a release of liens, or a Bond or other security acceptable to the Owner to indemnify the Owner against any payment claim.

7.8 Final Payment and Acceptance: If the Professional is satisfied that the entire Work, or the part of the Work for which final payment is specified in the Contract Documents, is complete and the Contractor’s other obligations under the Contract Documents has been fulfilled, the Professional will furnish to the Owner and Contractor the Professional’s certification of final payment and acceptance within thirty Calendar Days after receipt of the final payment request. If the Professional is not satisfied, the Professional will return the request to the Contractor indicating in writing the reasons for not certifying final payment. If the final payment request is returned, the Contractor must correct the deficiencies and re-request final payment. If the Owner concurs with the Professional’s certification of final payment the Owner will, within thirty Calendar Days after receipt of the Professional’s certification of final payment, pay the balance of the Contract Price subject to those provisions governing final payment specified in the Contract Documents. If the Owner does not concur with the Professional’s determination, the Owner will return the request for final payment to the Contractor with written reasons for refusing final payment and acceptance.

7.9 Contractor's Continuing Obligation: The following does not constitute acceptance of the Work in the event the Work or any Work is not in accordance with the Contract Documents, and therefore does not release the Contractor from its obligation to perform and furnish the Work in accordance with the Contract Documents:

(a) a certification by the Professional of any Request for Payment or final payment; (b) the issuance of a Substantial Completion certificate; (c) any payment by the Owner to the Contractor; (d) any Partial Use; (e) any act of acceptance by the Owner or any failure to do so; (f) any review and approval of a Shop Drawing, sample, test procedure or other Submittal; (g) any review of a Progress Schedule; (h) any On-Site Inspection; (i) any inspection, test or approval; (j) any issuance of a notice of acceptability by the Professional; or (k) any correction of Defective Work or any completion of Work by the Owner.

00-17 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

7.10 Waiver of Claims: The making of final payment does not constitute a waiver by the Owner of any rights as to the Contractor's continuing obligations under the Contract Documents, nor will it constitute a waiver of any claims by the Owner against the Contractor still unsettled, or arising from unsettled payment claims, Defective Work appearing after final inspection or failure by the Contractor to comply with the Contract Documents or the terms of any special warranties provided by the Contract Documents or by Law. The acceptance of final payment will constitute a waiver of all claims by the Contractor against the Owner, other than those claims previously made in writing, on a timely basis.

8. Other Work: During the Contract Time, the Owner may self perform or Contract for other work at the site. By doing so, the Owner or its representative will coordinate the operations of the Contractor and the other work. Whenever the other work interfaces with the Contractor’s Work on site, the Contractor must coordinate its activities with the interfacing work, inspect the other work and promptly report to the Professional in writing if the other work is unavailable or unsuitable. The Contractor’s failure to do so will constitute an acceptance of such other work as fit and proper for integration with the Work except for latent or non-apparent defects and deficiencies in the other work. The Contractor must provide proper and safe access to the site for handling, unloading and storage of their materials and equipment and for the execution of the other work. The Contractor must do all cutting, fitting, patching and interfacing of the Work that may be required to make any part of the Work come together properly and integrate with other work. If the Contractor becomes party to a dispute or claim due to damages caused to its Work/property or other work/their property, the Contractor must promptly attempt, without involving the Owner or the Professional or their agents, to settle with the other party by agreement or otherwise resolve the claim. If the Owner determines that the other work resulted in a delay to the Work to be performed by the Contractor and such delay justifies a Change Order, the Owner will authorize the necessary adjustment in Contract Price and/or Time.

9. Stop Work Orders and Suspension of Work: The Owner may order the Contractor in writing to defer, stop, suspend or interrupt all or part of the Work, in the event any of the following situations:

(a) any Work is Defective, (b) any Work, when completed, will not conform to the Contract Documents, (c) any materials or equipment are unsuitable, (d) any workers are insufficiently skilled, (e) failure of the Contractor to implement appropriate measures for the SESC, or (f) as the Owner may determine appropriate for its convenience. The Contractor is responsible for the Delays and any additional costs if at fault. Any justified increase in Contract Price/Time due to suspension of Work must be submitted within thirty Calendar Days of knowing the extent of Delays and before submitting the final payment.

10. Termination:

10.1 Termination for Breach: The Owner may elect to terminate all or any part of the Work if:

(a) the Contractor fails to complete the Work, or a specified part of the Work, within the corresponding Contract Time; fails or refuses to supply sufficient management, supervision, workers, materials or equipment; or otherwise fails to prosecute the Work, or any specified part of the Work, with the diligence required to comply with the Contract Time(s); (b) the Contractor persistently disregards the authority of the Professional or violates or disregards a provision of the Contract Documents or the Laws of any Political Subdivision with jurisdiction; (c) the Contractor admits in writing, or the Owner otherwise establishes, the Contractor's inability or refusal to pay the Contractor's debts generally as they become due; (d) in response to the Owner's demand, the Contractor fails to provide adequate, written assurance that the Contractor has the financial resources necessary to complete the Work within the Contract Time; (e) the Contractor fails to comply with the Michigan Residency requirements (1984 PA 431, as amended, MCL 18.1241a); or is found to be in violation of Section 4 of 1980 PA 278 concerning unfair labor practices, or any nondiscrimination requirements imposed by Law; (f) at any time, the Contractor, Subcontractor or Supplier is in violation of unfair labor practices prohibited by Section 8 of Chapter 327 of the National Labor Relations Act, 29 U.S.C. 158; or (g) the Contractor violates or breaches any material provision of the Contract Documents, which provides contractually for cause termination or rescission of the Contract or of the Contractor’s right to complete the Work.

Within seven Calendar Days after the Contractor receives a notice requiring assurance of due performance for any of the above occurring non-conformances, the Contractor must meet with the Owner and present the Contractor’s plan to correct the problems. If the Owner determines that the Contractor’s plan provides adequate assurance of correction, that determination does not waive the Owner's right to subsequently default the Contractor or affect any rights or remedies of the Owner against the Contractor and/or surety then existing or that may accrue in the future. The Owner, after giving the Contractor and surety seven Calendar Days’ written notice of intent to default, may declare the Contractor in default and terminate the services of the Contractor for cause. Unless otherwise agreed between the Owner and Contractor, at the expiration of the Seven- Calendar Day (intent to default) period, the Contractor must immediately stop all Work and proceed in accordance with the Owner’s instructions. Following the expiration of the Seven-Calendar Day (intent to default) notice, the Contractor will be sent a default letter – notice of termination for cause. The Owner will issue a Contract Change Order to revise the name of the contract party to the name of the surety company. The surety company must undertake to perform and complete the

00-18 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

Work, in accordance with the Contract Documents, in place of the Contractor, either through the surety's agents or by executing agreements with qualified contractors (excluding the Contractor and any of the Contractor's affiliates), or both.

The Owner may issue a fifteen-Calendar Day notice of intent to default the surety company if they fail to execute in a timely manner the completion of the Contract Work. Without an adequate plan of correction, the Owner may issue a notice of termination for cause letter to the surety. If a termination of the contract with the surety occurs, the Owner reserves the right to complete the Work.

If the Owner has terminated the Contractor, any such termination will not affect any rights or remedies of the Owner against the Contractor or surety, or both, then existing or that may accrue after termination. All provisions of the Contract Documents that, by their nature, survive final acceptance of the Work must remain in full force and effect after a termination for cause of the Contractor or default of the surety, or both. The Owner may, in its sole discretion, permit the Contractor to continue to perform Work when the Contractor is in default or has been defaulted. Such decision by the Owner in no way operates as a waiver of any of the Owner's rights under the Contract Documents or Performance Bond, nor in the event of a subsequent default, entitle the Contractor or surety to continue to perform or prosecute the Work to completion.

10.2 Termination on Non-Bonded Project: For non-bonded projects, the Owner will follow the termination protocol in Paragraph 10.1 without involving a surety.

10.3 Termination for Convenience of the Owner: Upon fifteen Calendar Days' written notice to the Contractor and surety, or sooner if reasonable under the circumstances, the Owner may, without cause and without prejudice to any other right or remedy it may have, elect to terminate any part of the Work, or the Contract in whole or in part, as the Owner may deem appropriate for its convenience. Upon receipt of any such termination notice, the Contractor must immediately proceed in accordance with any specific instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the termination. In such termination, the Contractor must be paid in accordance with the terms of this Contract for only services rendered before the effective date of termination. Upon termination for convenience, the Contractor must be released from any obligation to provide further services and the Owner must have full power and authority to take possession of the Work, assume any agreements with Subcontractors and Suppliers that the Owner selects, and prosecute the Work to completion by Contract or as the Owner may deem expedient.

10.4 Termination for Lack of Funding: If expected or actual funding is withdrawn, reduced or limited in any way before the completion date set forth in this Contract or in any amendment, the State may, upon written notice to the Contractor, terminate this Contract in whole or in part in accordance with Paragraph 10.3.

11. Disputes: All claims, counterclaims, disputes and other matters in question between the Owner and Contractor arising out of or relating to the Contract Documents must be submitted in writing to the Professional and otherwise processed and resolved as provided in this Article. The Contractor must carry on the Work with due diligence during all disputes or disagreements. Work must not be delayed or postponed pending resolution of any disputes or disagreements. The Contractor must exercise reasonable precautions, efforts and measures to avoid situations that would cause delay.

11.1 Notice of Claim: Except for Owner claims for liquidated damages, no claim is valid unless it is based upon written notice delivered by the claimant to the other party promptly, but in no event later than thirty Calendar Days after the Professional's or Project Director’s determination giving rise to the claim. The notice must state the nature of the dispute, the amount involved, if any, and the remedy sought. The claim submittal with all supporting data must be delivered within sixty Calendar Days after the determination giving rise to the claim (unless the Professional allows an extension). The responsibility to substantiate claims rests with the claimant. A claim by the Contractor must be submitted to the Professional and Project Director for a recommendation or decision from the Professional. A claim by the Owner must be submitted to the Contractor and the Professional for a written recommendation or decision by the Professional. The Owner reserves the right to audit any Contractor claim (or claim package) that the Contractor values at more than $50,000.00. Pending final resolution of any claim under this Article, the Contractor must proceed diligently with the Work and comply with any decision of the Owner and/or Professional. For all Contractor claims seeking an increase in Contract Price or Contract Time, the Contractor must submit an affidavit, certifying that the amount claimed accurately reflects any Delay and all costs that the Contractor is entitled from the occurrence of the claimed event and that supporting cost and pricing data are current, accurate, complete and represent the Contractor's best knowledge and belief. The affidavit must be signed in the same manner as required in Item 6 of Section 00100.

11.2 Recommendations or Decisions from the Professional: For claims under $100,000.00, if requested in writing by the Contractor, the Professional will render a recommendation or decision within thirty Calendar Days after the request and the Owner will issue, if necessary, a determination within thirty Calendar Days after the Professional's recommendation or decision. For claims exceeding $100,000.00, the Professional will issue its recommendation or decision and the Owner, if necessary, will issue its determination, within sixty Calendar Days.

If the Professional denies a Contractor claim or agrees with an Owner claim, that decision must be final and binding on the Contractor, without any determination by the Owner, unless the Contractor files a request for a presentation with the Director- SFA within thirty Calendar Days. To the extent that any recommendation from the Professional is partly or wholly adverse to a claim from the Owner, that determination must be final and binding on both the Owner and Contractor unless either party files a request for a presentation with the Director-SFA within thirty Calendar Days. If the Professional recommends payment 00-19 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

of any Contractor claim which increases the Contract Price, that recommendation is subject to the Owner’s written approval. In the event any such determination from the Owner is partly or wholly adverse to the preceding recommendation from the Professional, that determination must be final and binding on the Contractor unless the Contractor files suit in the Michigan Court of Claims within thirty Calendar Days after receipt of such determination. The claim is waived if not made in accordance with these requirements.

If either the Contractor or Owner is not satisfied with any decision of the Professional on a claim, that party must, within thirty Calendar Days of receiving that decision, file a written appeal with complete supporting documentation with the Director-SFA.. The Director-SFA has discretion concerning the allowability of evidence submitted, and is not bound to any rules of evidence. If the right to a presentation is waived or if a presentation is conducted and the dispute remains unresolved, the Director-SFA, at the Director-SFA’s sole option, must specify in which forum the dispute must be conducted by issuing a written determination to the Contractor that the dispute if the Contractor so elects, be submitted in writing to the Michigan Court of Claims. The Director-SFA’s determination on the dispute is final and binding on the Contractor unless the Contractor files a lawful action in the Michigan Court of Claims within thirty Calendar Days after receiving the Director-SFA’s determination. After settlement or final adjudication of any claim, if payment by the Contractor is not made to the Owner, the Owner may offset the appropriate amounts against (a) payments due to the Contractor under any other Contract between the Owner and the Contractor, or (b) any amounts for which the Owner may be obligated to the Contractor in any capacity. The Director-SFA may designate someone to fulfill the Director-SFA’s duties under these terms and conditions.

END OF SECTION 00700

SECTION 00750 SPECIAL WORKING CONDITIONS

1. The Work is for the Department Environmental Quality and their special working conditions are included in Appendix II. Contractor must comply with all security regulations. Access to and egress from the buildings and State Agency grounds must be via routes specifically designated by the State Agency. Whenever the Contractor has caused an operating security or fire system to go out of service, or left unsecured openings in existing facilities or security fences, the Contractor must furnish a security guard or fire watch acceptable to the Owner to maintain security of the facility outside of normal working hours and will be held responsible for any losses from the facility.

2. The Contractor must maintain at all times dust control measures to the satisfaction of the Owner.

END OF SECTION 00750

SECTION 00800 SUPPLEMENTARY CONDITIONS

1. The following conditions must supplement the general conditions:

1. Bonds and Insurance: Add the following at the end of Paragraphs 3.2(a) and 3.2(b) of Section 00700 General Conditions:

The Contractor shall also list DLZ Michigan, Inc. ADDITIONAL INSUREDS.

2. Changes: Replace Paragraph 6.6 of Section 00700 General Conditions with the following:

Unit Price Work: Quantities as listed have been carefully estimated but are not guaranteed. The Owner reserves the right to increase or decrease the quantities of the Work to be performed at the Unit Price by amounts up to 50 percent of the listed estimated quantities. For Unit Price Work, the Contractor must promptly inform the Professional in writing if actual quantities differ from the estimated quantities for any item. For quantities over 150% or below 50% of the estimated quantity, the Owner may negotiate a Unit Price with the Contractor, or direct a unilateral change, or bid that Work under separate contract. Any adjusted Unit Price agreed upon by the Owner will only apply to the actual quantities above 150% or below 50% of the estimated quantity. No adjustment due to quantity variations must be allowed (a) unless the Contractor met the notice requirements, or (b) if any Unit Price increase results in whole or in part from any act or omission within the control of the Contractor (errors in the Contractor's Bid, unbalanced Unit Prices, etc.). If a dispute arise between the Owner and the Contractor on the adjusted Unit Price, the Contractor must carry on the Work with due diligence during the disputes/disagreements.

END OF SECTION 00800

00-20 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

SECTION 00850 WAGE DETERMINATION SCHEDULE

The Contractor and all Subcontractors must comply with all Laws pertaining to occupational classifications and to the following requirements:

1. The rates of wages and fringe benefits to be paid to each class of construction mechanics must not be less than the wage and fringe benefit rates issued by the Michigan Department of Licensing and Regulatory Affairs (DLARA), Wage and Hour Division in its schedule of occupational classification and wage and fringe benefit for the locality in which the Work is to be performed. These prevailing wage rates are included in Appendix IV.

2. The Contractor must keep posted on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates as prescribed in the Contract and the address and telephone number of the DLARA’s, Wage and Hour Division office responsible for enforcing these provisions, and must keep an accurate record showing the name and classification of each Person performing Work on the site, the dates on which Work was performed, the hours each Person worked on the site and the actual hourly wage and benefits paid to each Person. This record must be notarized by a Notary Public and must be available to DTMB-SFA and DLARA for an audit or inspection, at any time, upon their request. In addition, as per section 6.10 of this Document, the Contractor must have available to DTMB and DLARA, certified payroll of those working on the project.

3. If any trade is omitted from the schedule of wages and fringe benefit rates included in Appendix IV, the trades omitted must also be paid not less than the wage and fringe benefit rates prevailing in the locality in which the Work is to be performed.

4. The Contractor must keep posted on the construction site, in a conspicuous place, notice that construction mechanics, as the intended beneficiaries of 1965 PA 166, as amended, who have not been paid in accordance with the Act may file a claim with the LARA.

A finding by the DLARA that the Contractor or any Subcontractor is in violation of these requirements is final.

END OF SECTION 00850

SECTION 00900 ADDENDA

1. Each Bid submittal must include acknowledgement of receipt and review of all Addenda issued during the Bidding period.

END OF SECTION 00900

00-21 DIVISION 1

GENERAL REQUIREMENTS SECTION 01110

SUMMARY OF WORK

PART 1 GENERAL

1.01 DESCRIPTION

A. Site Location and Background

The Production Painting Company: Merchant’s Publishing site comprises various parcels near the intersection of O’Neil Street and Blaine Street located within the City of Kalamazoo. The site area includes several parcels with the following parcel numbers and corresponding addresses:

 930 O’Neil Street (06-14-311-031)  1002 O’Neil Street (06-14-312-030)  2 Mills Street (06-14-306-007)  10 Mills Street (06-14-306-001)  14 Mills Street (06-14-306-008)  20 Mills Street (06-14-306-012)  922 E. Michigan Avenue (06-14-311-044)  350 Blaine Street (06-14-310-010, 06-91-039-620 & 06-91-057-531)

A Site Location Map is included as Figure 1, and the site area and features are depicted on the Site Map (Figure 2). The site may be referenced as Production Painting and Merchant’s Publishing in the contract documents. The Kalamazoo River is adjacent to the site to the south.

The Production Paining site had a paint production facility that ceased operations in 1989. The site is generally level, sloping towards the river, and contained a large warehouse and production building with an attached two-story brick building. The site is surrounded by industrial/commercial facilities, and undeveloped land. The buildings were demolished, underground storage tanks were removed, and contaminated soils were excavated and disposed from the 930 O’Neil and 1002 O’Neil parcels in 2014. The excavation of soils extended to approximately 10 feet below ground surface.

Past reports identified 1002 O’Neil was utilized as a drycleaner, industrial finishing (painting) company, and paint and publishing company. The vaults and drains in the building along with some of the remaining equipment most likely were associated with past production activities within the building. Sanborn Maps identified one or more gas tanks were located at 1002 O’Neil Street from 1932 to 1965. Recently, the site has been used for storage of automotive parts, scrap, printing machines and printing supplies, chemicals and has an office area.

Past reports identified 350 Blaine was used as a truck garage, trailer factory, steel fabrication, material handling, freight and carpet cleaning services. The buildings were used for salvage surplus, and the buildings were demolished in 2016.

All other parcels with Mills Street and E. Michigan Avenue addresses are located between

Summary of Work Production Painting: Merchant’s Publishing 01110-1 June 2016 Mills Street, O’Neil Street, Blaine Street and Cleveland Street. Past reports identify these parcels were utilized as a bread company, printing company, a possible gas station and brass foundry. Selective demolition of the buildings was conducted on this parcels in 2016 and the figures identify the remaining buildings.

B. Site Contaminant Investigations

Previous Investigations in January 1989 by Wilkins and Wheaton Environmental Services, Inc. and in July 1989 by MAECORP of the southern production building (930 and 1002 O’Neil Street) identified the presence of several volatile organic compounds (VOCs) in soils and groundwater at concentrations exceeding one or more of the generic cleanup criteria, including the Groundwater/Surface Water Interface (GSI) Criteria and Residential Drinking Water (DW) Criteria.

DLZ conducted investigations from 2013 through 2016 to assess the soil and groundwater contamination at the site. VOCs, PNAs and metals were detected in both soil and groundwater samples in excess of several generic cleanup criteria in both soil and groundwater. Past investigation reports are available for review.

1.02 SCOPE OF WORK

The scope of work described in the specifications includes, but is not limited to the following:

 Mobilization, demobilization, and site services  Dewatering and discharge  Excavation and disposal of non-hazardous contaminated soil  Backfill and compaction  Site restoration

The following, not an inclusive list, is an overall anticipated sequence of events:

 Prepare and submit all required Submittals.  Dewatering and discharge system setup  Begin contaminated soil excavation, mixing of wet soils with dry soils as necessary, loading, transport, and disposal.  Continue loading, transport, and disposal of soil.  Assist DLZ in the collection of groundwater and soil samples as needed.  Backfill and compact the excavation as soon as possible.  Complete site restoration activities as required in the Contract Documents.  Demobilize from the site.

1.03 PERFORMANCE OF WORK - GENERAL

A. The work shall be performed by properly trained and equipped Contractor personnel. All intrusive work involving potential contact with hazardous materials shall be conducted by Contractor personnel that have completed initial and annual Occupational Safety and Health Administration (OSHA) training and medical surveillance, in accordance with 29 Code of Federal Regulations (CFR) 1910.120(e) and (f). Documentation verifying employees’ compliance with this requirement shall be submitted to the PROFESSIONAL prior to the

Summary of Work Production Painting: Merchant’s Publishing 01110-2 June 2016 commencement of Work, as outlined throughout the Contract Documents and specifications.

B. Site work shall be performed between 7:00 a.m. until 7:00 p.m., Monday through Friday, and within the allowable work hours established by the City of Kalamazoo Ordinance.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

END OF SECTION

Summary of Work Production Painting: Merchant’s Publishing 01110-3 June 2016 SECTION 01121

HAZARDOUS MATERIAL PROJECT PROCEDURES

PART 1 GENERAL

1.01 GENERAL

A. The Contractor must use, handle, store, dispose of, process, transport and transfer any material considered a Hazardous Material in accordance with all Federal, State and local Laws. If the Contractor encounters material reasonably believed to be a Hazardous Material and which may present a substantial danger, the Contractor must immediately stop all affected work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions.

B. This site has been identified by the Michigan Department of Environmental Quality (MDEQ) as possibly containing hazardous materials, which shall be legally removed from the site, in order to complete the Work, as described in the Contract Documents.

C. Environmental Hazards are regulated by the MDEQ-Office of Waste Management and Radiological Protection (OWMRP), and Remediation and Redevelopment Division (RRD), in carrying out the requirements of the United States Environmental Protection Agency (EPA). For general information and/or a copy of the latest regulations and publications, call (517) 373-2690.

D. The Michigan Occupational Safety and Health Administration (MIOSHA) provides regulations for the safety and health of workers.

1. CONTRACTOR shall post any applicable local, State and/or Federal government regulations at the job site in a prominent location.

2. CONTRACTOR shall be responsible for training their workers in safe work practices and proper removal methods when coming in contact with hazardous chemicals.

E. Applicable regulations, include, but are not limited to:

State

1. Natural Resources and Environmental Protection Act – PA 451 of 1994, as amended.

2. Part 211, Act 451 - Underground Storage Tanks.

3. Part 213, Act 451 - Leaking Underground Storage Tanks.

4. Part 111, Act 451, 1994 - Michigan Hazardous Waste Management Act: This statute regulates generation, transportation, treatment, storage, and disposal of hazardous wastes in Michigan.

5. Part 115, Act 451, Solid Waste Management.

Hazardous Material Project Procedures Production Painting: Merchant’s Publishing 01121-1 June 2016 6. Part 121, Act 451, 1994 - Liquid Industrial Waste Act: This statute regulates the transportation of liquid industrial wastes in Michigan. This includes non-hazardous liquids and hazardous liquids, which are not subject to management under RCRA or Part 111, Act 451, 1994.

7. Part 147 – PCB compounds

8. All applicable MDOT regulations.

Federal

1. RCRA, 1976 - This Federal statute regulates generation, transportation, treatment, storage, or disposal of hazardous wastes nationally.

2. Toxic Substances Control Act (TSCA), 1976: This statute regulates the generation, transportation, storage, and disposal of wastes, including polychlorinated biphenyls and asbestos.

F. Definitions: Hazardous substances are ignitable, corrosive, reactive, and/or toxic, based on the respective chemical characteristics. Wastes are hazardous based on characteristics or by being a listed waste.

G. Disposals:

1. To use an off site hazardous waste disposal facility, the CONTRACTOR must use the Uniform Hazardous Waste Manifest (shipping paper).

2. Hazardous waste may not be disposed in sanitary landfills used for solid waste.

H. Federal, State, and local laws and regulations may apply to the storage, handling, and disposal of hazardous materials and wastes. The list below includes the regulations that are most frequently encountered.

Topic Agency and Telephone Number

Small quantity hazardous waste MDEQ management, including hazardous (517) 373-2690 in Lansing, or waste stored in tanks District Office Certified County Health Departments

Liquid industrial waste disposal MDEQ (hazardous and non-hazardous) (517) 373-2690 in Lansing, or District Office

Disposal of hazardous waste into Contact the superintendent of the local wastewater municipal sanitary sewers treatment plant for permission

Discharges to surface water such Water Resources Division, MDEQ as through a drain pipe or (517) 373-1170 in Lansing, or District Office wastewater discharge

Hazardous Material Project Procedures Production Painting: Merchant’s Publishing 01121-2 June 2016 Discharges to groundwater, including MDEQ septic systems (517) 373-2690 in Lansing, or District Office, or County Health Departments (if less than 10,000 gallons/day)

Material storage permits MDEQ (517) 373-2690 in Lansing, or District Office

Pollution Incident Prevention MDEQ Plans (PIP Plans) (517) 373-2690 in Lansing, or District Office County Health Departments assisting with groundwater program administration

Hazard Communication Standards Michigan Department of Licensing and Regulatory Affairs, (for chemicals in the work place) Michigan Occupational Safety & Health Administration Consultation Education & Training Division (517) 322-1890

Burning of waste oil and Air Quality Division, MDEQ other discharges to the air (517) 373-7069 in Lansing, or District Office

24-hour MDEQ Pollution Emergency 1-800-292-4706 or 517-373-8427 Alerting System (PEAS)

Registration of underground fuel MDEQ storage tanks (517) 373-9837 in Lansing, or District Office

Installation, inventory, testing and MDEQ other requirements for above ground (517) 373-9837 in Lansing, or District Office and underground storage tanks (for flammable and combustible liquids)

Local fire prevention regulations Local fire chief or fire marshal and codes (including chemical storage requirements)

Building and outdoor storage Local government building or zoning official requirements (including setbacks)

I. MDEQ Office

Michigan Department Of Environmental Quality Kalamazoo District Office 7953 Adobe Road Kalamazoo, Michigan 49009 269-567-3500

J. Contact the Office of Environmental Assistance (OEA) of the Michigan Department of Environmental Quality (MDEQ) at 1-800-662-9278, Fax to: 517-241-0673 or e-mail to: DEQ- [email protected] for general MDEQ information including direct and referral

Hazardous Material Project Procedures Production Painting: Merchant’s Publishing 01121-3 June 2016 assistance on air, water and wetlands permits; contaminated site clean-ups; underground storage tank removals and remediation; hazardous and solid waste disposal; pollution prevention and recycling; and compliance-related assistance. The Center provides businesses, municipalities, and the general public with a single point of access to MDEQ's environmental programs.

PART 2 PRODUCTS

Not used

PART 3 EXECUTION

Not used

END OF SECTION

Hazardous Material Project Procedures Production Painting: Merchant’s Publishing 01121-4 June 2016 SECTION 01270

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.01 DESCRIPTION

All units of measurement shall be standard United States convention as applied to the specific items of work by tradition and as interpreted by the Professional.

A. Unit Price Items

Payment items for the work of this contract on which the contract progress payment will be based are listed in the contract documents, Bid Schedule and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, safety requirements, sampling, tests, and reports, and for performing all work required for each of the unit price items. Payment is contingent upon approval of all applicable submittals. Payment shall be paid for the actual amount of Work accepted. The amount will be in accordance with prices submitted on the Bid Schedule.

B. Lump Sum Items

Payment items for the work of this contract for which Contract lump sum payments will be made are listed in the contract documents, Bid Schedule and described below. Contract progress payments for lump sum items will be paid for based on the approved schedule of values. All cost for items of work, which are not specifically mentioned to be included in a particular lump sum or unit price payment item, shall be included in the listed lump sum item most closely associated with the work involved. The lump sum price and payment made for each item listed shall constitute full compensation for furnishing all labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, safety requirements, sampling, tests and reports, and for performing all work required for which separated payment is not otherwise provided. Payment is contingent upon approval of all applicable submittals. Payment shall be paid on the Work completed and accepted. One hundred percent of the Contract price for the Work completed and accepted may be paid, subject to the limitations of the Contract Documents. The Owner reserves the right to pay the Contract a portion of a lump sum line item, if all of the Work originally tasked is not performed as stated herein, as determined by the Professional.

C. Provisionary Allowance Items

Payment for work under a Provisionary Allowance is subject to issuance of a Change Authorization. A Change Authorization is a written order approved by the Owner and issued by the Professional, which directs changes in the Work that requires no adjustment to Contract Price or Contract Time. Monies in the allowance will be used only if directed in writing by the Project Director and Professional. Also refer to Section 00700, 6.7.

Measurement and Payment Production Painting: Merchant’s Publishing 01270-1 June 2016 D. Cash Allowance Items

Payments under a Cash Allowance must be on actual cost and exclude cost for supervision, handling, unloading, storage, installation, testing, fee, premiums for bond and insurance, markups, etc. Monies in the cash allowance will be used only if directed in writing by the Project Director and Professional. Also refer to Section 00700, 6.7.

1.02 PAYMENT

A. Payments to the Contractor will be made for the actual quantities of the Contract items performed and accepted, in accordance with the Contract Documents. Upon completion of the Work, if the actual quantities show a decrease or increase from the quantities included in the Contract, the Contract extended prices will prevail, except as provided hereinafter.

B. The Contractor shall accept compensation, as provided herein, as full payment to furnish all materials, labor, tools, equipment, and incidentals necessary to complete the Work; for performing all Work stated by the Contract; for all loss or damage arising from the nature of the Work, from the action of the elements, or from any unforeseen difficulties that may be encountered during the execution of the Work and until its final acceptance by the Professional and Owner; for all risks of every description connected with the execution of the Work, except as provided herein; and for all expenses incurred in consequence of the suspension of the Work, as herein authorized.

C. No extra payment or contract extensions will be made to the Contractor for any expense or delays caused by the revision of inadequate submittals, lack of progress, weather, defective workmanship, or rescheduling.

D. Additional costs caused by ill-timed or defective Work, or Work not conforming to the Contract Documents, shall be incurred solely by the Contractor.

E. Final Application for Payment shall be submitted pursuant to the Contract Documents.

F. The estimated quantities for unit price pay items, as listed in the Bid Schedule, are approximate only and are included solely for the purpose of comparison of Bids. The Owner and Professional do not express or by implication agree that the actual quantities of material encountered or required will correspond with the Bid Schedule. The Owner reserves the right to increase, decrease, or eliminate any quantity deemed necessary. When alterations in quantities are within plus or minus 50 percent of the original estimated quantity of Work listed on the Bid Schedule, the Contractor will not be entitled to any adjustments in the unit bid price as a results of any changes in the estimated quantities, and agrees to accept the aforementioned unit bid prices as complete and total compensation for any additions caused by changes or alteration in the Work and ordered by the Owner and Professional. Also refer to Section 00700, 6.6.

G. When alterations in quantities are greater than plus or minus 50 percent of the original estimated quantity of Work listed on the Bid Schedule, the Contractor will be required to document, to the satisfaction of the Professional, all labor, materials, and equipment costs related to the increase/decreased quantity. Also refer to Section 00700, 6.6.

Measurement and Payment Production Painting: Merchant’s Publishing 01270-2 June 2016 1.03 PAYMENT FOR INCREASED OR DECREASED QUANTITIES

A. Payment for increased or decreased quantities shall be as specified in the Contract Documents.

B. Increased or decreased work involving Change Orders will be paid for, as stipulated in such Change Orders.

1.04 INCIDENTAL WORK

A. Work items for which separate payments are not measured, but are included as part of the Contract include, but are not limited to, the following:

1. Field supervision 2. Jobsite administration 3. Disposal of rinseate and decontamination water and all associated sampling, analysis, permits and fees 4. Dust monitoring and control 5. Project record documents 6. All temporary fencing and barriers 7. Restoration of disturbed areas not designated or described in these Contract Documents 8. Health and safety requirements 9. Cooperation with other subcontractors 10. Environmental protection 11. Removal of surface water and runoff water entering the site and excavations 12. Locating, protecting, disconnecting, removing, replacing, and capping in-place of site utilities, as applicable 13. Site cleaning including street cleaning 14. All activities required to conform to MDOT standards and regulations and permit requirements, that are not specified herein 15. QA/QC 16. Invoicing/billing 17. Storage of equipment

1.05 SPECIFIC BASE BID PAY ITEMS:

A. Contract Item No. 1: Mobilization

Payment for Mobilization shall be paid for at the Contract Lump Sum price. This item shall include all necessary labor, tools, materials, storage, and equipment for the movement and establishment of Contractor’s facilities, equipment, personnel, security, supplies, and incidentals to perform the work including construction (prior to staring work) of access roads, ramps, and exits.

B. Contract Item No. 2: Site Services

Payment for Site Services shall be paid for at the Contract Lump Sum price. This item shall

Measurement and Payment Production Painting: Merchant’s Publishing 01270-3 June 2016 include all labor, transportation, equipment, tools, and materials for equipment, supplies, and incidentals for site security; perimeter fencing; protection of utilities and structures to remain in place; establishment, protection, acquisition and maintenance of temporary and/or permanent utilities; surface water controls; dewatering; soil erosion and sedimentation controls; installation, maintenance, and removal of a temporary storm water management system; temporary sanitary facilities; installation, maintenance, and removal as approved by the Professional of soil erosion and sedimentation control measures; decontamination; disposal of decontamination water; dust control; air monitoring; site cleaning; performance and payment bond premiums; insurance premiums as required by the Contract; acquisition of all necessary permits, notifications, certifications, and authorizations to conduct work; protection of utilities and structures to remain in place; barricades and traffic control; project coordination; project meetings; material storage; temporary heating; road maintenance; pre- and post- construction submittals/plans, proper decontamination of all equipment and materials; disposal of decontamination water; all required sampling and analytical testing associated with site services and all other Contractor work tasks not stated herein but that are included in these specifications or necessary to perform the work, which are not part of other bid items.

C. Contract Item No. 3: Dewatering and Discharge

Payment for this item shall be at the Contract Lump Sum price. This item includes all labor, tools, materials, storage, and equipment necessary to dewater the groundwater from the excavations, and discharge to the City of Kalamazoo sanitary sewer system. The equipment shall consist, at a minimum, of wells, well points, pumps, generator, inline sediment filtration equipment, piping, manifolds, appurtenances, and miscellaneous equipment for continuous operation. The Contractor shall assume a system capable of pumping 400 gallons per minute will be required. The Contractor shall assist Professional in sample collection as required by the City of Kalamazoo to comply with the sanitary sewer discharge requirements. The dewatering shall continue prior to the start of excavation through the completion of backfilling and compaction.

D. Contract Item No 4: Contaminated Soil Characterization

Payment for this item shall be paid for at the Contract Lump Sum Price. This item includes all labor, equipment, tools, materials, and services necessary for waste characterization, sampling and analyses, and coordination to obtain landfill acceptance for disposal of non- hazardous contaminated soils.

E. Contract Item No 5: Excavation and Disposal of Non-Hazardous Contaminated Soil

Payment for this item shall be paid for at the Contract Unit Price per ton. This item includes all labor, equipment, tools, and materials necessary to remove, transport and properly dispose of non-hazardous contaminated soil specified for removal, in accordance with these Contract Documents. This item also includes providing of engineering and security controls for soil excavation; and providing of weigh tickets (approved scale) to verify the quantity of contaminated soil removed, transported, and disposed. The item also includes all labor, equipment and tools necessary to assist the Professional in the soil and groundwater sample collection from the excavations.

Measurement and Payment Production Painting: Merchant’s Publishing 01270-4 June 2016 F. Contract Item No 6: Backfilling & Compaction of MDOT Class II Material

Payment for this item shall be paid at the Contract unit price per TON. The Contractor shall provide weigh tickets from a certified scale to verify the quantity of backfill material placed in the excavation. This item includes all labor, tools, equipment, and materials necessary for placing, grading, leveling, and compaction of backfill materials in the excavation after the excavation and disposal of contaminated soils, and the collection of necessary verification soil and groundwater samples by the Professional. This item also includes all sampling, analysis, and testing, as required by the Contract Documents and the Professional.

G. Contract Item No 7: Backfilling & Compaction of MDOT Class 22A Aggregate

Payment for this item shall be paid at the Contract unit price per TON. The Contractor shall provide weigh tickets from a certified scale to verify the quantity of MDOT 22A aggregate placed and compacted for the roadway shoulder. This item includes all labor, tools, equipment, and materials necessary for placing, grading, leveling, and compaction of the aggregate.

H. Contract Item No 8: Demobilization

Payment for this item shall be paid for at the Contract Lump Sum price. This item shall include all necessary labor, transportation, tools, materials, storage, and equipment for the removal of Contractor’s facilities, equipment, personnel, security, supplies, and incidentals at the conclusion of the work including the removal (at the conclusion of work) of access roads, ramps, and exits; removal of temporary storm water management system; and removal of temporary sanitary facilities, and soil erosion and sedimentation control measures as approved by the Professional.

I. Contract Item No 9: Additional Demobilization and Mobilization

Payment for this item shall be paid for at the Contract Lump Sum price only if required and approved by the Owner/Professional. This item shall include all necessary labor, tools, materials, storage, and equipment for the complete removal and reestablishment of Contractor’s facilities, equipment, personnel, security, supplies, and incidentals to perform the work. This item shall include all expenses related to the shutdown of work, demobilization, downtime, and remobilization. This item may be required if the City requires pretreatment of groundwater prior to discharge to the sanitary sewer. A total downtime of two months is anticipated to implement a pre-treatment alternative.

J. Contract Item No 10: Cash Allowance

Payment for this item shall be paid at the Contract Cash Allowance price. Payment under this item will be made for the City sewer service charges for dewatering discharge. Only the charges from the City will be paid under this item. No markup is allowed on this contract line item. The Contractor shall be responsible for timely payment of the bills from the City. The Contractor will not be reimbursed for late payment charges. The Contractor shall provide appropriate backup documentation with payment request.

Measurement and Payment Production Painting: Merchant’s Publishing 01270-5 June 2016 K. Contract Item No 11: Owner’s Allowance

A provisionary allowance of $30,000.00 shall be included, in the event that unforeseen conditions arise, site conditions change, and/or additional waste material, contaminated soil, or debris is found during soil excavation, removal, and disposal activities. This allowance may only be used upon approval by the Owner and change authorization by the Professional. Payment shall be in accordance with the conditions of the Contract Documents. The Contractor shall provide appropriate backup documentation with payment request.

L. Contract Item No 12: Site Survey and Restoration

Payment for site restoration shall be paid for at the Contract Lump Sum Price. This item includes all labor, tools, equipment, materials, sampling, analysis, and testing necessary for site and surface restoration, grading of all disturbed areas, surface repairs (e.g. sidewalks, pavement, shoulders, etc), repairs/replacement of monitoring wells outside of excavation, pre- and post-construction site survey, and general cleanup of the site. All Site Restoration shall be performed in conformance with MDOT standards, local standards, and these Specifications, whichever is stricter.

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Measurement and Payment Production Painting: Merchant’s Publishing 01270-6 June 2016 SECTION 01271

PAYMENT PROCEDURES

PART 1 GENERAL

1.01 SUBMITTALS

A. Submit all progress and final Applications for Payment, in accordance with the approved Schedule of Values (see Section 01290).

B. An original copy of each Application for Payment shall be submitted to the Professional.

C. Each Application for Payment for shall cover one calendar month.

D. Submit all Applications for Payment with itemized charges and support documentation.

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PART 3 EXECUTION

3.01 PREPARATION

A. Progress Application for Payment

Progress applications for payment shall be prepared in accordance with the Contract Documents and formatted as follows:

1. Application Form (DMB Form 440)

a. Fill in required information, including that for Change Orders executed prior to the end date of the service period (one month). b. Fill in summary of dollar values, to agree with respective totals indicated on continuation sheets. c. Execute certification with signature of a responsible officer for the Contractor. The document must also be notarized. d. Include the dates of the Application for Payment service period (one month).

2. Continuation Sheets (AIA G702 and G703)

a. Each payment request shall be prepared on American Institute of Architects (AIA) Forms G702 and G703: Application and Certification for Payment Form. b. Fill in total of all scheduled component items of Work, with item number and scheduled dollar value for each item.

Payment Procedures Production Painting: Merchant’s Publishing 01271-1 June 2016 c. Fill in dollar value in each column for each scheduled line item when Work has been performed. d. List each Change Order executed prior to the end date of the service period at the end of the continuation sheets. List by Change Order number, and description.

3. Support Documentation

Include all documentation (i.e. weight tickets, manifests, utility bills, subcontractor invoices, Operation and Maintenance Forms, analytical data) that supports each line item during the applicable Application for Payment service period. The support documentation shall cover each line item requiring back up data, as applicable or as determined by the Professional. The Professional shall not recommend payment for any payment request that does not have all of the required support documentation, until all required documentation has been submitted.

B. Application for Final Payment

The Contractor must notify the Professional when the Work will be Substantially Complete. If the Professional agrees that the project is Substantially Complete, the Professional will review the Work. The Professional, upon determining that the Work, or a portion of the Work viewed, is substantially complete, will prepare a Punch List and will attach it to the respective Certificate of Substantial Completion. The Contractor must be represented on the job site at the time this review is made and thereafter must complete all Work by the date set for final acceptance by the Owner.

Application for final payment shall be prepared in accordance with the Contract Documents and the following:

The Contractor shall submit the following to the Professional in order to receive payment after substantial completion has been reached (the exact forms may differ):

1. Written notification to the Owner indicating that the project is complete (substantial completion) 2. Application for Payment forms (substantial completion and final payment) 3. If the project is bonded, consent to make final payment from the bonding company with power of attorney (final payment) 4. Guarantee and Indebtedness Statement form (DMB 437) (substantial completion) 5. Certificate of Substantial Completion for the Contract Work form (DMB 445) (substantial completion and final completion). This form must be dated to reflect actual date of substantial completion and final completion, as appropriate. 6. Request to adjust the contract amount to coincide with actual cost of Work performed (final payment) 7. Any other submittals, as required by the Owner (substantial completion and final payment)

Payment Procedures Production Painting: Merchant’s Publishing 01271-2 June 2016 3.02 UNCOMPLETED AND DEFECTIVE WORK

A. Upon Substantial and/or Final Completion of the Work, or designated part of the Work on which separate Contract times and Contract Price are specified, payment may be made in full subject to the following:

1. A withholding of two hundred percent (200%) of the value of any uncompleted Work, as determined by the Professional.

2. Any other deductions as the Professional may recommend or the Owner may withhold to cover defective work, liquidated damages, and the fair value of any other items entitling the Owner to a withholding.

END OF SECTION

Payment Procedures Production Painting: Merchant’s Publishing 01271-3 June 2016 SECTION 01290

SCHEDULE OF VALUES

PART 1 GENERAL

1.01 SCHEDULE OF VALUES

The Schedule of Values is an itemized list that establishes the value or cost of each line item, including lump sum and unit priced items. It shall be used as the basis for preparing progress payments and may be used as a basis for negotiations concerning additional Work or credits, which may arise during the construction. Quantities and unit prices may be included in the Schedule of Values, when approved by or required by Professional.

1.02 PREPARATION

A. The Schedule of Values shall be prepared in accordance with the Contract Documents and additionally shall include:

1. Project name and location 2. Project number 3. Name, address, and phone number of Contractor 4. Date of submission

B. Cost itemizations shall be in sufficient detail to indicate separate values for each part of the Work. The Contractor is required to submit a detailed breakdown of each line item for this project. The breakdown, at a minimum, will include labor, tools, material, equipment, sampling costs, insurance, bonds, and subcontractor costs.

C. When requested by the Professional, support values with data that will substantiate their correctness.

D. The sum of the individual values for all tasks shown on the Schedule of Values must equal the total Contract price.

E. The Schedule of Values may separately itemize the costs of purchase and delivery and the costs of installation, if the Contractor intends on requesting payment for these activities prior to installation.

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Schedule of Values Production Painting: Merchant’s Publishing 01290-1 June 2016 SECTION 01310

PROJECT MANAGEMENT AND COORDINATION

PART 1 GENERAL

1.01 PROJECT COORDINATION:

A. Prior to beginning the Work, the Contractor shall meet with the Professional in order to arrange the schedule for the project. Once the project is started, it shall be carried to completion without delay.

B. Phasing of Work shall be clearly established and verified through the Professional prior to commencing Work in any area. No site work shall begin until authorized by the Owner or Professional.

C. The Contractor is responsible for contacting MISS DIG, and all other applicable utility companies, a minimum of three working days prior to work start. MISS DIG 1-800-482-7171.

D. All communications, submittals, questions, etc. shall be directed to the Professional throughout the duration of the project.

1.02 PRE-CONSTRUCTION MEETING

A. The Professional shall schedule a Pre-construction Meeting to be attended by the MDEQ Project Manager, Professional, and Contractor. When no organizational meeting is called, the Contractor, prior to beginning of any Work, shall meet with the Professional to arrange a Work schedule for the project. Once the project has been started, the Contractor shall carry it to completion without delay.

1.03 PROGRESS MEETINGS

A. The Professional will schedule weekly progress meetings, to be held on the job site and attended by the Contractor, Professional, MDEQ Project Manager, and others involved in the construction activities. Progress meetings may also be called whenever deemed necessary in order to supply information necessary to prevent job interruptions, to observe the Work, or to inspect completed Work. The Contractor shall report weekly activities and problems and solutions. The Contractor shall be represented at each progress meeting by persons with full authority to act for the Contractor in regard to all portions of the Work.

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Project Management and Coordination Production Painting: Merchant’s Publishing 01310-1 June 2016 SECTION 01330

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.01 PURPOSE

A. To verify that products, systems, forms, and services proposed by the Contractor for use on this Project conform with the design intent. Contractor shall submit to the Professional project data, shop drawings, samples, certifications, schedules, manuals, and other submittals, as required in these specifications.

1.02 RESPONSIBILITY AND AUTHORITY

A. Neither the Owner’s authority to review any of the Submittals by the Contractor, nor the Owner’s decision to raise or not to raise any objections about the Submittals, creates or imposes any duty or responsibility on the Owner to exercise any such authority or decision for the benefit of the Contractor/Subcontractor/Supplier, any surety to any of them or any other third party. The Contractor is not relieved of responsibility for errors or omissions in shop drawings, product data, samples, or similar submittals just because the Professional approved them.

1.04 SUBMITTAL CLASSIFICATION

Submittals are classified as Owner/Professional Approved (OA) or For Information Only (FIO).

1.05 PREPARATION OF SUBMITTALS BY CONTRACTOR

A. Review submittal items for legibility, conformance to the Contract Documents, coordination between work items, and completeness according to submittal requirements of each specification section. Certify review by signing transmittal form, and list Contractor’s comments. The Contractor must give the Professional specific written notice of any variation from the requirements of the Contract Documents.

B. Provide the following information on the transmittal for each submittal: 1. Date of submittal 2. Project Name, Contract No., and Location 3. Submittal No., in sequence, beginning with 1 4. Contractor’s name, address, and contact person 5. Items within submittal, numbered in sequence 6. Specification sections number 7. Manufacturer/Designer/Supplier 8. Special Instructions (when response is needed, if there is a deviance, etc.) 9. Signature certifying that the Contractor has reviewed the submittal (see Item A, above)

C. Cross-reference actual items in submittal by labeling them clearly by item number listed in transmittal, and provide them in the sequence listed.

D. If all the submittal items required for the specification section are not provided or deviate Submittal Procedures Production Painting: Merchant’s Publishing 01330-1 June 2016 from the Contract Documents, attach a memo explaining when the missing items will be provided.

E. Provide two copies of submittals to the Professional. If the Contractor anticipates review will require markup and return of the actual submittal, rather than providing comments via fax, then the Contractor shall provide an additional copy for markup and return to Contractor. A legible fax or email copy may be accepted to initiate review, if followed by hard copies.

1.06 SUBMITTAL REVIEW BY PROFESSIONAL

A. Upon receipt, Professional will log in submittals, and review for conformance with the design intent. Review is for general conformance with design concept for the project and general compliance with the information given in the Contract Documents.

B. Except for Information Only Submittals, where action and return is required, the Professional will review each submittal, mark to indicate action taken, and return within fourteen calendar days. Record reviews may require longer time when a multi disciplinary review is required. Professional will return submittal review forms and comments to the Contractor via fax or email. Professional will log out submittal upon sending comments to Contractor.

C. The Contractor is responsible for any time Delay and any cost incurred by the Professional, Contractor or Subcontractors/Suppliers as a result of resubmissions and re-reviews of a particular Submittal. The Contractor shall revise and correct submittals returned for revision and resubmittal until approval by the Professional is achieved.

D. Compliance with the Contract Documents is the Contractor’s responsibility. Professional will review shop drawings solely for general conformance with design concept, and not for the purpose of reviewing or approving their accuracy, completeness, dimensions or quantities, constructability, performance, compatibility with other construction components, or their compliance with the requirements of the Contract Documents, such as Buy America requirements, all of which remain the responsibility of the Contractor. Professional’s review also is not for the purpose of reviewing or approving the Contractor’s safety precautions or construction means, methods, techniques, sequences or procedures.

E. The Professional will stamp each submittal with a uniform, action stamp. The Professional will mark the stamp appropriately to indicate the action taken, as follows:

1. Approved for General Conformance with Design Concept: When the Professional marks a submittal “Approved for General Conformance with Design Concept,” the Work covered by the submittal may proceed provided it complies with requirements of the Contract Documents.

2. Approved, As Noted, for General Conformance with Design Concept: When the Professional marks a submittal “Approved, As Noted, for General Conformance with Design Concept,” the Work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents.

3. Revise and Resubmit: When the Professional marks a submittal “Revise and Resubmit,” do not proceed with Work covered by the submittal, including Submittal Procedures Production Painting: Merchant’s Publishing 01330-2 June 2016 purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal according to the notations; resubmit without delay.

a. Do not use, or allow others to use, submittals marked “Revise and Resubmit” at the Project Site or elsewhere where Work is in progress.

4. Rejected: When the Professional marks a submittal “Rejected” do not proceed with Work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Prepare a new submittal according to the notations; resubmit without delay.

a. Do not use, or allow others to use, submittals marked “Rejected” at the Project Site or elsewhere where Work is in progress.

5. Not Subject to Review: Where a submittal is FIO or for information or record purposes or special processing or other activity, or otherwise does not require Professional review and approval, the Professional will return the submittal cover sheet marked “Not Subject to Review.”

6. Requires Review and Approval by General Contractor: When a submittal does not indicate that it has been reviewed and approved by the General Contractor, the Professional will return the submittal marked “Requires Review and Approval by General Contractor.” Do not proceed with Work covered by the submittal, including purchasing, fabrication, delivery, or other activity.

a. Do not use, or allow others to use, submittals marked “Requires Review and Approval by General Contractor” at the Project Site or elsewhere where Work is in progress.

F. The approval of submittals by Professional shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing, and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error, which may exist. Neither the Professional’s authority to review any of the Submittals by the Contractor, nor the Professional’s decision to raise or not to raise any objections about the Submittals, creates or imposes any duty or responsibility on the Professional to exercise any such authority or decision for the benefit of the Contractor/Subcontractor/Supplier, any surety to any of them or any other third party. The Contractor is not relieved of responsibility for errors or omissions in shop drawings, product data, samples, or similar submittals just because the Professional approved them.

G. Reservation of Rights - Professional reserves the right to require the Contractor to resubmit any item found not to comply with the Contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications and will not prevent the Professional from requiring removal and replacement if nonconforming material is incorporated in the Work. This does not relieve the Contractor of the requirement to furnish samples for testing by Professional in those instances where the Contract Documents so prescribe. Additional time and expense necessary to comply with additional resubmittals required under this paragraph will not be the basis for any claims for time extension, delay, or extra cost on the part of the Contractor.

Submittal Procedures Production Painting: Merchant’s Publishing 01330-3 June 2016 1.07 SCHEDULING

A. Submittals covering component items forming a system or items that are interrelated shall be scheduled to be coordinated and submitted concurrently. Certifications to be submitted with pertinent drawings shall be so scheduled.

B. The Contractor shall provide submittals to the Professional in a timely manner that allows for reasonable review cycles, and shall be consistent with the overall construction schedule.

C. No claims for schedule delays will be allowed for unresponsive submittals or failure to respond to comments in a timely manner by Contractor.

D. No work shall commence until all applicable Owner/Professional Approved submittals have been approved.

E. The schedule of values, project work plan, list of subcontractors, project schedule, health and safety plan (HASP), disposal facilities, and permits shall be submitted to the Professional within two weeks after Notice to Proceed. All other submittals shall be submitted as specified with each Section of the Contract Documents.

1.08 DELIVERY OF SUBMITTALS

A. The schedule of values, project work plan, list of subcontractors, project schedule, health and safety plan (HASP), disposal facilities, and permits shall be submitted to the Professional within two weeks after Notice of Award. All other submittals shall be submitted as specified with each Section of the Contract Documents.

1.09 WITHHOLDING OF PAYMENT

Payment for materials incorporated in the work will not be made if required approvals have not been obtained. Additional time and expense necessary to comply with additional resubmittals required under this paragraph will not be the basis for any claims for time extension, delay, or extra cost on the part of the Contractor.

1.10 LIST OF SUBMITTALS

Pre-construction submittals shall include, but are not limited, to the following. Submittal classifications and section references are also provided:

1. Pre-Work Photos of site: FIO; 2. Schedule of Values: OA; 01290 3. Project Work Plan: OA; 02000, 02110, 02240, 02315, 02950 4. Site Plan: OA; 02000 5. Project Schedule: OA; 02315 6. List of subcontractors: OA; 02315 7. HASP: FIO; 01400 8. Disposal facility and licenses: OA; 02120 9. Weigh scale certification: FIO; 02120, 02315, 02950 10. Permit Applications and Permits: FIO; 02110, 02120, 02220, 02370 11. Decontamination Plan: OA; 02120, 02130 Submittal Procedures Production Painting: Merchant’s Publishing 01330-4 June 2016 12. Transportation route to disposal facility: OA; 02120 13. Spill Contingency Plan: OA; 02120 14. Dust Control and Air Monitoring Plan: OA; 01575 15. Soil Erosion and Sedimentation Control Plan: OA; 02370 16. Certification of Storm Water Operator, FIO; 02370 17. Backfill test results: OA; 01450, 02315 18. Backfill: OA; 02950 19. Gravel: OA; 02950 20. Pre-construction survey: FIO; 02950

Other submittals after starting construction shall include, but are not limited, to the following. Submittal classifications and section references are also provided:

1. Air Monitoring reports: FIO; 01575 2. Daily site activity reports, submitted weekly: FIO; 02315 3. Manifests and disposal tickets: OA; 02110, 02120, 02240, 02305 4. Weigh tickets: FIO; 02110, 02305 5. Waste characterization/analytical data: FIO; 01450, 02110, 02120, 02240, 02305, 02315 6. Backfill test results: OA; 01450, 02315 7. Backfill: OA; 02950 8. Gravel: OA; 02950 9. Pre- and post-construction survey: FIO; 02950 10. Notice of Substantial Completion: FIO; 01780 11. Notice of Final Completion: FIO; 01780

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Submittal Procedures Production Painting: Merchant’s Publishing 01330-5 June 2016 SECTION 01400

SAFETY, HEALTH, AND EMERGENCY RESPONSE

PART 1 GENERAL

1.01 DESCRIPTION OF WORK

This Section provides minimum guidance and implementation of a site safety and accident prevention program for the employees of the Contractor and for preparation of a Health and Safety Plan (HASP). The HASP shall be submitted to the Professional for information only. Approval shall not be required. The information and requirements identified in this section are the minimum requirements. The Contractor shall evaluate the work conditions and implement appropriate measures to protect the workers, environment, and general public.

1.02 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL HYGIENISTS (ACGIH)

ACGIH-02 (1993) 1993-1994 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, or most recent revision

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

ANSI Z358.1 (1990) Emergency Eyewash and Shower Equipment, or most recent revision

CODE OF FEDERAL REGULATIONS (CFR)

29 CFR Part 1904 Recording and Reporting Occupational Injuries and Illnesses

29 CFR Part 1910 Occupational Safety and Health Standards

29 CFR Part 1910.120 Hazardous Waste Site Operations and Emergency Response

29 CFR Part 1926 Safety and Health Regulations for Construction

49 CFR Part 171 General Information, Regulations, and Definitions

49 CFR Part 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements

Safety, Health, and Emergency Response Production Painting: Merchant’s Publishing 01400-1 June 2016 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

NIOSH Pub No. 85-115 (1985) Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, or most recent revision

1.03 SUBMITTALS

The following submittals are required for information only. The Owner and Professional reserve the right to request for additional pertinent information.

A. Record of each entry into and exit from the site

B. Health and Safety Plan

C. Qualifications and experience of the Site Safety and Health Officer (SSHO), Safety Health Manager (SHM), and Competent Person for excavation work.

D. Name, phone number, and address of the individual responsible for responding to MIOSHA inquiries.

E. Proof of Employee Training: Occupational Safety and Health Administration (OSHA) Hazardous Waste Operations and Emergency Response (HAZWOPER) 40-Hour, annual 8- hour updates, and medical surveillance certification.

1.04 REGULATORY REQUIREMENTS

A. Work performed under this contract shall conform to all applicable Federal, State, and local safety and occupational health laws and regulations. This includes, but is not limited to, Occupational Safety and Health Administration (OSHA) standards, 29 CFR Part 1910, and 29 CFR Part 1926. Matters of interpretation of standards shall be submitted to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations and referenced documents vary, the most stringent requirements shall apply.

B. The Contractor is responsible for performing air monitoring and sampling as required. The Contractor shall contact the MDEQ - Air Quality Division for guidance, if necessary.

C. The Contractor is responsible for selecting the proper personal protective equipment.

D. The Contractor is responsible for the proper disposal of all personal protective equipment. Disposal of personal protective equipment is incidental to the project.

E. The Contractor is responsible for providing proper training and applicable medical surveillance for all employees scheduled to perform Work at the site.

1.05 HEALTH AND SAFETY PLAN

A. Preparation and Implementation

Safety, Health, and Emergency Response Production Painting: Merchant’s Publishing 01400-2 June 2016 A HASP shall be prepared covering onsite work to be performed by the Contractor and all subcontractors. The Safety and Health Manager shall be responsible for the development, implementation, and oversight of the HASP. The HASP shall establish, in detail, the protocols necessary for the anticipation, recognition, evaluation, and control of hazards associated with each task performed. The HASP shall address site-specific safety and health requirements and procedures, based upon site-specific conditions. The level of detail provided in the HASP shall be tailored to the type of work, complexity of operations to be performed, and hazards anticipated. Details about some activities may not be available when the initial HASP is prepared and submitted. Therefore, the HASP shall address, in as much detail as possible, anticipated tasks, their related hazards, and anticipated control measures. B. Availability

The HASP shall be made available in accordance with 29 CFR Part 1910, Section .120 (b)(1)(v) and 29 CFR Part 1926, Section .65 (b)(1)(v).

C. Elements

Topics required by 29 CFR Part 1910, Section .120 (b)(4) and in 29 CFR Part 1926, Section .65 (b)(4) shall be addressed in the HASP. Where the use of a specific topic is not applicable to the project, the HASP shall include a statement to justify its omission or reduced level of detail and establish that adequate consideration was given the topic. The HASP should include, but is not limited to, the following sections:

1. Site description and contamination characterization 2. Hazard/risk analysis 3. Staff organization, qualifications, and responsibilities 4. Training 5. Personal protective equipment 6. Medical surveillance 7. Exposure monitoring/air sampling program 8. Heat and cold stress monitoring 9. Safety procedures, engineering, controls, and work practices 10. Site control measures 11. Personal hygiene and decontamination 12. Equipment decontamination 13. Emergency equipment and first aid requirements 14. Emergency response and contingency 15. Certificate of worker/visitor acknowledgment 16. Inspection 17. Safety and health phase-out report

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Safety, Health, and Emergency Response Production Painting: Merchant’s Publishing 01400-3 June 2016 PART 3 EXECUTION

3.01 TRAINING AND MEDICAL SURVEILLANCE

All workers shall have current OSHA 40-hour Hazardous Waste Operations and Emergency Response Training and medical surveillance as applicable per 29 CFR 1910.120.

3.02 FIRST AID AND EMERGENCY RESPONSE EQUIPMENT AND PROCEDURES

A. The Contractor shall provide for appropriate emergency first aid equipment (including ANSI- approved eyewash stations, a portable stretcher, and an industrial-type first aid kit) suitable for treatment of exposure to site physical and chemical hazards. B. Additionally, two ABC rated fire extinguishers shall be maintained onsite, as well as absorbent material of sufficient quantity to collect any spill, which might occur during this project.

C. A listing of emergency phone numbers and points of contact for fire, hospital, police, ambulance, and other necessary contacts shall be posted at the site. A route map detailing the directions to the nearest hospital shall also be posted.

3.03 HEAT AND COLD STRESS

The Contractor shall monitor all personnel for signs of heat or cold stress, as dictated by weather conditions. In addition, all field personnel shall be instructed to observe the symptoms of heat or cold stress in themselves and fellow workers and methods to control them. The Contractor shall adhere to guidelines provided in the Threshold Limit Values and Biological Exposure Indices published by the ACGIH for heat and cold extremes.

3.04 ILLUMINATION

Work areas shall be illuminated to a minimum of 10 foot-candles. Lighting shall be sufficient to determine whether material spills have occurred.

3.05 ELECTRICAL SAFETY

All electrical services must be grounded and be equipped with and utilize ground fault circuit interrupter (GFCI) protected outlets. Portable lights used in the path of possible vapor travel shall be suitable for hazardous locations and shall be connected to extension cords equipped with connectors or switches approved for hazardous locations. Such equipment, when used, shall be thoroughly inspected to be sure it will not be a source of ignition. All air monitoring instrumentation shall be rated as intrinsically safe for CLASS I, DIVISION I, GROUP D atmospheres.

3.06 SITE CONTROL AND WORK ZONES

Personnel not directly involved with this project shall not be permitted to enter the Work Zone. For purposes of this Contract, the “Work Zone” shall encompass the area of the building and surrounding site property. The initial minimum level of personal protective equipment shall be in accordance with these Specifications. The boundary of the Work Zone shall be clearly demarcated and posted by the Contractor.

Safety, Health, and Emergency Response Production Painting: Merchant’s Publishing 01400-4 June 2016 3.07 COMBUSTIBLE GAS/OXYGEN MONITORING

A. Any underground storage tanks found at the site shall be monitored for the presence of combustible vapors prior to commencement of project operations. Such monitoring shall be conducted both in the tanks as well as the areas surrounding the tanks, especially in excavations.

1. If combustible gas monitoring shows explosive levels within the tanks are less than 10% Lower Explosive Limit (LEL), those tanks may be removed and purged on the surface. 2. If readings are at or above 10% LEL, the tank shall be monitored and purged in the ground, as outlined elsewhere in these Specifications. Purging shall continue until monitoring shows readings below 10% LEL. 3. Any reading above 10% LEL outside the tanks shall result in the suspension of operations until the situation has been resolved and retesting indicates the space is “safe” (explosive levels less than 10% LEL).

B. Also, oxygen levels shall be monitored in trenches/excavations prior to allowing workers to enter, and continuously during the time the workers are present in these spaces. Any reading less than 19.5% or greater than 23% oxygen shall prevent the workers from entering until the situation is resolved and retesting indicates the space is safe for entry. Resolution of these hazardous situations may require forced ventilation of the space.

C. Any combustible gas/oxygen monitor, provided it complies with these Specifications, may be selected. The combustible gas indicator shall be calibrated, checked, and maintained daily, in accordance with manufacturer’s directions.

3.08 AIR MONITORING AND SURVEILLANCE

When personnel are working on or near tanks or within trenches/excavations, the Contractor shall implement routine air surveillance and monitoring for LEL and oxygen levels. Air monitoring and surveillance shall be required whenever personnel enter a trench/excavation, every 15 minutes during tank decontamination, or whenever site conditions indicate that fuel vapors may be present. Air monitoring, when conducted, shall be performed in the breathing zone of the personnel. Air monitoring and surveillance equipment shall be described in the Site Health and Safety Plan.

3.09 ACTION LEVELS

Based upon published results of air monitoring and surveillance for combustible gas/oxygen monitoring for similar projects, the following action levels are recommended:

A. Combustible Gas Monitoring

1. 0 to 10% LEL: Normal operations, continue monitoring 2. Greater than 10% LEL: Shut down operations and equipment; ventilate area

B. Oxygen Monitoring

1. 19.5% to 23% Oxygen: Normal operations, continue monitoring 2. Less than 19.5% oxygen: Shut down operations and ventilate area Safety, Health, and Emergency Response Production Painting: Merchant’s Publishing 01400-5 June 2016 3. Greater than 23% oxygen: Shut down operations and ventilate area

3.10 EXCAVATION SAFETY

All demolition and excavation work shall be conducted in strict conformance with, at a minimum, Sections 18 and 23 of EM 385-1-1 and 29 CFR 1926.650 through 29 CFR 1926.653, including requirements for sloping or shoring found in 29 CFR 1926.652. If the excavation must remain open during periods when the work site is unoccupied, barricades shall be placed around the excavation in such a manner to alert personnel to the danger and prevent them from falling into the trench.

3.11 EATING, DRINKING, SMOKING

No eating, drinking, smoking, chewing of tobacco or gum, or other hand-to-mouth activities shall be permitted in any of the work areas during the course of this project.

3.12 IGNITION SOURCES

A. No ignition sources (e.g., cigarette lighters, matches, or other flame producing items) not required for the completion of this project shall be permitted in the work zones.

B. Before any work is done that might release vapors, work areas shall be barricaded and posted, and burning or other work shall be eliminated from the area where flammable vapors may be present or may travel. This area shall be kept free of all sources of ignition from the time tank safing starts until underground or above ground storage tanks are gas-free and any residues have been removed. Signs shall be posted warning that vehicles and other sources of ignition shall be kept out of the area.

C. No work shall be done if the direction of the wind might carry vapors into areas where they might produce a hazardous condition, nor when an electrical storm is threatening the site of work. Sparks caused by friction of electrostatic effects may also be a source of ignition in flammable atmospheres, especially at low humidity. Proper grounding of metal objects and/or electrical equipment, together with the use of sparkless tools and localized adjustment of humidity, may reduce this hazard.

3.13 HOT WORK

Absolutely NO hot work shall be permitted on or within underground or above ground storage tanks until the Site Safety Officer has tested the tank’s interior and declared it “safe”.

3.14 BREAK AREA AND SUPPORT ACTIVITIES

All eating, drinking, smoking, and break facilities, as well as the Contractor’s equipment storage, parking, and office shall be located outside the Work Zones, as determined by the Site Safety Officer and approved by the Professional.

3.15 SANITATION

The Contractor shall ensure that all onsite personnel have ready access to soap and clean water, for washing before exiting contaminated areas, and to toilet facilities, as required by Section 3 of EM 385- 1-1. Safety, Health, and Emergency Response Production Painting: Merchant’s Publishing 01400-6 June 2016 3.16 UNFORESEEN HAZARDS

Should any unforeseen or site-specific safety-related factor hazard, or condition become evident during the performance of work at this site, it shall be the Contractor’s responsibility to bring such conditions to the attention of the Professional, both verbally and in writing, as quickly as possible for resolution. In the interim, the Contractor shall take prudent action to establish and maintain working conditions and to safeguard employees, the public, and the environment.

3.17 TERMINATION

Any disregard for the provisions of these Specifications or applicable regulations shall be deemed just and sufficient cause for termination of the Contractor or any Subcontractor without compromise or prejudice to the rights of the Contractor.

END OF SECTION

Safety, Health, and Emergency Response Production Painting: Merchant’s Publishing 01400-7 June 2016 SECTION 01410

REGULATORY REQUIREMENTS

PART 1 GENERAL

1.01 REGULATORY REQUIREMENTS

The Contractor shall comply with all federal, state, and local rules, ordinances, and regulations; Code of Federal Regulations, MDOT, MDEQ, Public Act 451; Building Codes, National Electric Codes, National Fire Protection Association; ASTM; County and local codes and ordinances, and all other applicable ordinances and regulations relating to employment, the preservation of public health and safety, and so forth.. All necessary permits or certifications of inspection shall be paid for and obtained by the Contractor.

A. Laws: The Contractor and its Subcontractors/Suppliers must comply with all Federal, State and local Laws applicable to the Work and site.

B. Codes: All Works must be provided in accordance with the State Construction Code Act, 1972 PA 230, as amended, MCL 125.1501 et seg,, International Building and Residential Codes and all applicable Michigan construction codes and fire safety including but not limited to: Michigan Building Code, Michigan Residential Code, Michigan Uniform Energy Code, Michigan Electrical Code, Michigan Rehabilitation Code for Existing Buildings, Michigan Mechanical Code, Michigan Elevator Code and Michigan Plumbing Code. If the Contractor observes that any Contract Document conflicts with any Laws or the State Construction Code or any permits in any respect, the Contractor must promptly notify the Professional in writing. If the Contractor provides any Work knowing or having to reason to know of such conflict, the Contractor must be responsible for that performance.

C. Permits: All required permits and authorizations must be secured and their fees including inspection costs must be paid by the Contractor to perform the Work. The time incurred by the Contractor in obtaining permits must constitute time required to complete the Work and does not justify any increases to the Contract Time or Price. The Contractor must pay all charges of Public Utilities for connections to the Work, unless otherwise provided by Cash Allowances specific to those connections. The Contractor shall comply with all permit and/or authorization requirements.

D. Taxes: The Contractor must pay all Michigan sales and use taxes and any other similar taxes covering the Work that are currently imposed by legislative enactment and as administered by the Michigan Department of Treasury, Revenue Division. If the Contractor is not required to pay or bear the burden or obtains a refund of any taxes deemed to have been included in the Bid and Contract Price, the Contract Price must be reduced by a like amount and that amount, whether as a refund or otherwise, must ensure solely to the benefit of the State of Michigan.

E. Safety and Protection: The Contractor and its Subcontractors/Suppliers must comply with all applicable Federal, State and local Laws governing the safety and protection of persons or property, including, but not limited to the Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, as amended, MCL 408.1001 et seg., and all rules promulgated under the Act. The Contractor is responsible for all damages, injury or loss to the Work, materials, equipment, fines, penalties as a result of any violation of such Laws, except when

Regulatory Requirements Production Painting: Merchant’s Publishing 01410-1 June 2016 it’s due to the fault of the Drawings or Specifications or to the Act, error or omission of the Owner or Professional. The Contractor is solely responsible for initiating, maintaining and supervising all safety precautions and programs and such responsibility must continue until such time as the Professional is satisfied that the Work, or Work inspected, is completed and ready for final payment. In doing the Work and/or in the event of using explosives, the Contractor must take all necessary precautions for the safety of, and must erect and maintain all necessary safeguards and provide the necessary protection to prevent damage, injury or loss to: (a) all employees on the Work and other persons who may be affected by the Work, (b) all the Work and materials and equipment to be incorporated into the Work, whether stored on or off the site, and (c) other property at or adjacent to the site, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Utilities not designated for removal, relocation or replacement. In the event of severe weather, the Contractor must inspect the Work and the site and take all reasonably necessary actions and precautions to protect the Work and ensure that public access and safety are maintained.

F. Fire Hazard Conditions: The fire hazard classification of finish materials where used in the specification must be in accordance with the current Michigan Building Code. Classification must be determined by tunnel test in accordance with National Fire Protection Association (NFPA-255), American Society for Testing Materials (ASTM E-84) or Underwriters' Laboratories, Inc. (UL-723).

G. Flame/Smoke Resistance Standards: The Contractor must provide carpeting complying with "Class B" requirements as set forth in Michigan Department of State Police State Fire Safety Board "Health Care Facilities Fire Safety Rules' R29.1243, Rule 243, when tested in accordance with the following procedures:  Tunnel Test: Test for surface burning characteristics, with ratings for flame spread, fuel contribution, and/or smoke density; ASTM E 84, UL 723, or NFPA No. 255.  Pill Test: Test for flammability; ASTM D 2859, or DOC FF-1-70.  Floor Radiant Panel Test: Test for burning under varying radiant energy levels; ASTM E 648, with minimum average radiant flux ratings not less than 0.45 watts/sq. cm.  Smoke Density Test: Test in radiant heat chamber, with and without flame, for density of smoke generated; ASTM E 662, or NFPA No. 258, also known as NBS Smoke Density Chamber Test

H. Michigan Right-To-Know Law: The Contractor and its Subcontractors/Suppliers must comply with MIOSHA, Michigan Right-to-Know Law (Public Act 80 of 1986) and the rules promulgated under it. The Act places certain requirements on employers to develop a communication program designed to safeguard the handling of hazardous chemicals through labeling of chemical containers and development and availability of Material Safety Data Sheets (MSDS), and to provide training for employees who work with these chemicals and develop a written hazard communications program. The Act also provides for specific employee rights, including the right to be notified of the location of MSDS and to be notified at the site of new or revised MSDS within five Business Days after receipt and to request MSDS copies from their employers. The Contractor, employer or Subcontractor must post and update these notices at the site.

I. Environmental Requirements: The Contractor and its Subcontractors/Suppliers must comply with all applicable Federal, State and local environmental Laws, standards, orders or requirements including but not limited to the National Environmental Policy Act of 1969, as Regulatory Requirements Production Painting: Merchant’s Publishing 01410-2 June 2016 amended, Michigan Natural Resources and Environmental Protection Act, P.A. 451 of 1994, as amended, the Clean Air Act, as amended, the Clean Water Act, as amended, the Safe Drinking Water Act, as amended, Pollution Prevention Act, as amended, Resource Conservation and Recovery Act, as amended, National Historic Preservation Act, as amended and Energy Policy and Conservation Act and Energy Standards for Buildings Except Low- Rise Residential Buildings, ANSI/ASHRAE/IESNA Standard 90.1-1999.

J. Environmental Requirements: The Contractor and its Subcontractors/Suppliers must comply with all applicable Federal, State and local environmental Laws, standards, orders or requirements including but not limited to the National Environmental Policy Act of 1969, as amended, Michigan Natural Resources and Environmental Protection Act, P.A. 451 of 1994, as amended, the Clean Air Act, as amended, the Clean Water Act, as amended, the Safe Drinking Water Act, as amended, Pollution Prevention Act, as amended, Resource Conservation and Recovery Act, as amended, National Historic Preservation Act, as amended and Energy Policy and Conservation Act and Energy Standards for Buildings Except Low- Rise Residential Buildings, ANSI/ASHRAE/IESNA Standard 90.1-1999.

K. Michigan Residency for Employees: Fifty percent of the persons employed on the Work by the Contractor must have been residents of the State of Michigan for not less than one year before beginning employment on the Work. This residency requirement may be reduced or waived to the extent that Michigan residents are not available or to the extent necessary to comply with the federal funds used for the Project. This requirement does not apply to employers who are signatories to collective bargaining agreements that allow for the portability of employees on an interstate basis.

L. Nondiscrimination: For all State Contracts for goods or services in amount of $5,000 or more, or for Contracts entered into with parties employing three or more employees; in connection with the performance of Work under this Contract, the Contractor and its Subcontractors and Suppliers must comply with the following requirements:  Not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, height, weight or marital status and take affirmative action to ensure that applicants are employed and the employees are not subject to such discrimination. Such action must include, but is not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training.  To state in all solicitations or advertisements for employees that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight or marital status.  To send, or have its collective bargaining representative send, each labor union or representative of workers with which there is a collective bargaining agreement or other contract or understanding, a notice advising the labor unions or workers' representative of the commitments under this provision.  To comply with the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended , MCL 37.2201 et seq.; the Michigan Persons With Disability Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et Seq.; and all published rules, regulations, directives, and orders of the Michigan Civil Rights Commission (MCRC) which may be in effect on or before the date of Bid opening.  The Contractor must furnish and file compliance reports within the times, and using the forms prescribed by the MCRC. Compliance report forms may also elicit Regulatory Requirements Production Painting: Merchant’s Publishing 01410-3 June 2016

information as to the practices, policies, programs, and employment statistics of the Contractor and Subcontractors. The Contractor must permit access to Records by the MCRC and its agent for purposes of ascertaining compliance with the Contract and with rules, regulations, and orders of the MCRC.  If, after a hearing held under its rules, the MCRC finds that the Contractor has not complied with the nondiscrimination requirements of the Contract Documents, MCRC may, as part of its order, certify its findings to the Administrative Board of the State of Michigan, which may order the cancellation of the Contract and/or declare the Contractor ineligible for future contracts with the State until the Contractor complies with the MCRC’s order.

1.02 REFERENCES

The following references are part of this specification to the extent referenced.

A. Federal Laws

1. PL 94-850/98-616 Resource Conservation and Recovery Act (RCRA) of 1976, as amended 1984 2. PL 91-596 Occupational Safety and Health Act (OSHA) of 1970

B. Code of Federal Regulations (CFR)

1. 29 CFR 1910.120 Hazardous Waste Operations and Emergency Response 2. 29 CFR 1926 Safety and Health Regulations for Construction 3. 40 CFR 260 Hazardous Waste Management Systems, General 4. 40 CFR 261 Identification and Listing of Hazardous Wastes 5. 40 CFR 262 Standards Applicable to Generators of Hazardous Wastes 6. 40 CFR 263 Standards Applicable to Transporters of Hazardous Wastes 7. 40 CFR 264 Standards for Hazardous Wastes TSDF Owners and Operators 8. 40 CFR 265 Interim Standards for Hazardous Wastes TSDF Owners and Operators 9. 40 CFR 270 Hazardous Waste Permits Program 10. 49 CFR 172 Hazardous Materials 11. 49 CFR 173 General Shipment Requirements 12. 49 CFR 174-77 Transporter Requirements 13. 49 CFR 178-79 Container Specifications

C. State of Michigan Laws

1. Part 201 of P.A. 451 Environmental Remediation 2. Part 115 of P.A. 451 Solid Waste Management (formerly P.A. 641) 3. Part 111 of P.A. 451 Hazardous Waste Management (formerly P.A. 64) 4. Part 121 of P.A. 451 Liquid Industrial Waste 5. P.A. 154 Michigan Occupational Safety and Health Act (MIOSHA)

D. Local Laws

1. City of Kalamazoo Ordinances

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END OF SECTION

Regulatory Requirements Production Painting: Merchant’s Publishing 01410-5 June 2016

SECTION 01420

REFERENCES

PART 1 GENERAL

1.01 REFERENCES

References will be made in an abbreviated alpha numeric form to specific standard specifications, reference publications, and building codes of federal or state agencies, manufacturers, associations, or trade organizations. Such references will be identified by the alphabetic abbreviation which identifies the government agency, the association, or organization followed by the rule, section, or detail number that are to form a part of these specifications; the same as if fully set forth herein, and shall be of latest issued date in effect three months prior to the bid opening date shown on the Proposal and Contract. The abbreviations used are as follows:

Abbreviation Agency, Association, or Organization

ACI American Concrete Institute 38800 Country Club Dr. Farmington Hills, Michigan 48331

AISC American Institute of Steel Construction, Inc. 1 E. Wacker Dr., Ste. 700 Chicago, Illinois 60601-1802

AMCA Air Movement and Control Association 30 W. University Dr. Arlington Heights, Illinois 60004

ANSI American National Standards Institute, Inc. 1819 L St., NW, 6th Fl. Washington D.C. 20036

ASHRAE American Society of Heating, Refrigerating, and Air Conditioning Engineers 1791 Tullie Cir., NE Atlanta, Georgia 30329

ASME American Society of Mechanical Engineers 3 Park Ave. New York, New York 10016-5990

ASSE American Society of Sanitary Engineering 1800 E. Oakton St. Des Plaines, IL 60018

References Production Painting: Merchant’s Publishing 01420-1 June 2016

ASTM American Society for Testing and Materials 100 Barr Harbor Dr. P.O. Box C700 West Conshohocken, Pennsylvania 19428-2959

AWS American Welding Society 550 NW LeJeune Rd. Miami, Florida 33126

AWWA American Water Works Association 6666 W. Quincy Ave. Denver, Colorado 80235

BOCA Building Officials and Code Administrators, International 4051 W. Flossmooor Rd. Country Club Hills, Illinois 60478-5795

CRSI Concrete Reinforcing Steel Institute 933 N. Plum Grove Rd. Schaumburg, Illinois 60173-4758

MDOT Michigan Department of Transportation State Transportation Building 425 W. Ottawa St. P.O. Box 30050 Lansing, Michigan 48909

NFPA National Fire Protection Association 1 Batterymarch Park Quincy, Massachusetts 02169-7491

NIST National Institute of Standards and Technology 100 Bureau Dr., Stop 1070 Gaithersburg, Maryland 20899-1070

NSF National Sanitation Foundation (NSF) International 789 N. Dixboro Rd. P.O. Box 130140 Ann Arbor, Michigan 48113-0140

NSWMA National Solid Waste Management Association 4301 Connecticut Ave., NW, Suite 300 Washington, D.C. 20008-2304

PCA Portland Cement Association 5420 Old Orchard Rd. Skokie, Illinois 60077

PDI Plumbing and Drainage Institute 800 Turnpike St., Ste. 300

References Production Painting: Merchant’s Publishing 01420-2 June 2016

North Andover, Massachusetts 01845

UL Underwriters Laboratories, Inc. 333 Pfingsten Rd. Northbrook, Illinois 60062-2096

USDC United States Department of Commerce 1401 Constitution Ave., NW Washington, D.C. 20230

1.02 The following organizations may also be referred to in these Plans and Specifications by the abbreviations of their titles. Additional information noted, but not detailed, can be obtained from these organizations.

AAN American Association of Nurserymen AAR Association of American Railroads AIA American Institute of Architects AIEE American Institute of Electrical Engineers ARA American Railway Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASNS American Standards for Nursery Stock FHWA Federal Highway Administration, Department of Transportation MIOSHA Michigan Occupational Safety and Health Administration NBFU National Board of Fire Underwriters NEC National Electrical Code UBC Uniform Building Code

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References Production Painting: Merchant’s Publishing 01420-3 June 2016

SECTION 01450

QUALITY CONTROL

PART 1 GENERAL

1.01 PURPOSE

Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality.

1.02 TESTING AND INSPECTIONS SERVICES

A. Any sampling and analytical services that are required during the construction activities in order to conform to Health and Safety requirements, shall be provided by the Contractor at no extra cost to the Owner or Professional.

B. The Professional shall provide the following services:

1. Observe onsite progress 2. Verify quantity measurements for payment 3. Photograph construction progression 4. Observe that project has been completed according to the design and specification 5. Evaluate data received from Contractor’s testing laboratory 6. Conduct verification sampling, as appropriate 7. Determine if soils are contaminated, if necessary 8. Verification sampling, if necessary

C. The Contractor's services shall be performed in accordance with requirements of governing authorities and with specified standards.

D. Testing Laboratory Services: All required tests shall fulfill ASTM, ANSI, Commercial, and other Standards for testing. Submit a minimum of two copies of each test report to the Professional for evaluation and subsequent distribution. The test report shall include observations, test results, and indication of compliance or non-compliance with specified standards and Contract Documents. The following general classifications of Work require submission of test reports and/or Certificates of Compliance to the Professional. Additional submissions may be requested by the Professional at any time.

Item of Work Test Type Section Number

Handling of Hazardous Materials Universal Wastes testing 02110 Excavation and Fill Compaction and Density 02315 Excavation and Fill Grain Size Analysis 02315 Excavation and Fill Modified Proctor Test 02315 Excavation and Fill Backfill Analytical Results 02315 Offsite Transportation and Disposal Soil/Liquid Analytical Results 02120

Quality Control Production Painting: Merchant’s Publishing 01450-1 June 2016

E. Contractor shall cooperate with the Professional and furnish tools, samples of materials, equipment, storage, and assistance, as requested.

F. The Contractor shall notify the Professional a minimum 48 hours prior to expected time for operations requiring testing services or requiring the Professional’s presence at the site for coordinating certain activities.

1.03 FIELD ENGINEERING

A. When applicable, the Contractor must employ a surveyor who must establish and maintain all lines and levels required for laying out and constructing the Work. The Contractor agrees to assume all responsibility due to inaccuracy of any Work of the surveyor, and including incorrect bench marks, their loss or disturbance. Upon completion of the Project, if applicable, the Contractor must submit two copies of site layout Drawings prepared for the Project and certified by the surveyor.

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3.01 REPAIR AND PROTECTION

Upon completion of inspection, testing, sampling, and similar services performed on the Work, the Contractor shall repair damaged Work and restore substrates and finishes to eliminate deficiencies, including deficiencies in the visual qualities of exposed finishes. The Contractor shall protect Work exposed by or for quality control service activities, and protect repaired Work. Repair and protection is the Contractor’s responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services.

END OF SECTION

Quality Control Production Painting: Merchant’s Publishing 01450-2 June 2016

SECTION 01510

TEMPORARY UTILITIES

PART 1 GENERAL

1.01 REQUIREMENTS INCLUDED

A. The Contractor shall furnish and install all temporary facilities and controls required by the Work, shall remove them from the property upon completion of the Work, and the grounds and existing structures shall be restored to their original condition. Temporary utilities may include, but are not limited to, electricity, lighting, ventilation, and water.

B. The Contractor shall pay for cost of installation and removal of any temporary connections, including necessary safety devices and controls.

1.02 TEMPORARY ELECTRICITY

The Contractor shall provide electrical service required for construction operations.

1.03 TEMPORARY LIGHTING

The Contractor shall provide and maintain lighting for construction operations to achieve a minimum illumination of 10 foot-candles.

1.04 TEMPORARY VENTILATION

The Contractor shall ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases.

1.05 TEMPORARY WATER SERVICE

The Contractor shall provide, maintain, and pay for suitable quality water service required for construction operations.

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Temporary Utilities Production Painting: Merchant’s Publishing 01510-1 June 2016

SECTION 01520

CONSTRUCTION FACILITIES

PART 1 GENERAL

1.01 REQUIREMENTS INCLUDED

The Contractor shall provide and install construction facilities which include, but not limited to, temporary storage facilities, sanitary facilities, and signs. All costs associated with this Section are incidental to the project.

1.02 STORAGE FACILITIES

A. At the beginning of the Work, the Contractor may provide a field office and storage building at the site in a location acceptable to the Owner. The building may be a trailer. The Contractor may provide such other temporary buildings as he may require for the use of workers and safe storage for tools and materials. Job signs with the Contractor’s name, logos, specialty, etc., are not allowed.

B. The Contractor shall be responsible for providing and maintaining storage facilities for decontamination water, storm water, and other water generated and/or collected onsite, and other project related materials and items.

1.03 SANITARY FACILITIES

A. The Contractor shall provide and maintain, for the entire project duration, and remove when the Work is complete, sanitary facilities and enclosures, and in accordance with all Federal, State, and local regulations. The Contractor shall provide sufficient sanitary facilities for the number of personnel at the site.

B. The Contractor is responsible for all fees associated with providing and maintaining all sanitary facilities on a regular basis, and removal of facilities upon construction completion.

1.04 PROJECT SIGNING

A. Bulletin Board

Immediately upon the beginning of work, the Contractor shall provide a weatherproof plexi- glass covered bulletin board not less than 915 mm by 1220 mm (36 in. by 48 in.) in size for displaying the Equal Employment Opportunity poster and other information approved by the Professional. The bulletin board shall be located at the project site in a conspicuous place easily accessible to all employees as approved by the Professional. Legible copies of the aforementioned data shall be displayed until work is completed. Upon completion of work the bulletin board shall be removed by and remain the property of the Contractor.

Construction Facilities Production Painting: Merchant’s Publishing 01520-1 June 2016

B. Project and Safety Signs

All project and safety signs shall be erected prior to commencement of the work. The data required by the safety sign shall be corrected daily, with light colored metallic or non-metallic numerals. Upon completion of the project, the signs shall be removed from the site.

1.05 MATERIAL AND EQUIPMENT

A. The Contractor must furnish and be responsible for all materials, equipment, facilities, tools, supplies and utilities necessary for completing the Work. All materials and equipment must be provided as described in the Contract Documents and of good quality, free of defect and new and must be applied, installed, connected, erected, used, cleaned and conditioned following the manufacturer’s and Suppliers’ instructions.

B. All materials and equipment delivered to and used in the Work must be suitably stored and protected from the elements. The areas used for storage must only be those approved by the State Agency. The Owner assumes no responsibility for stored material. The ownership and title to materials will not be vested in the Owner before materials are incorporated in the Work, unless payment is made by the Owner for stored materials and equipment. After delivery, before and after installation, the Contractor must protect materials and equipment against theft, injury or damage from all causes. For all materials and equipment, the Contractor must provide complete information on installation, operation and preventive maintenance.

(a) The Contractor must cover and protect bulk materials while in storage which are subject to deterioration because of dampness, the weather or contamination. The Contractor must keep materials in their original sealed containers, unopened, with labels plainly indicating manufacturer''s name, brand, type and grade of material and must immediately remove from the Work site containers which are broken, opened, watermarked and/or contain caked, lumpy or otherwise damaged materials.

(b) The Contractor must keep equipment stored outdoors from contact with the ground, away from areas subject to flooding and covered with weatherproof plastic sheeting or tarpaulins.

a) Stored on property owned or leased by the Contractor or owned by the agency. b) Insured against loss by fire, theft, flood or other hazards. c) Properly stored and protected against loss or damage. d) In compliance with the plans and specifications. e) Specifically allotted, identified, and reserved for the project. f) Itemized for tracking and payment. g) Subject to these conditions until the items are delivered to the project site.

Construction Facilities Production Painting: Merchant’s Publishing 01520-2 June 2016

PART 2 PRODUCTS

2.01 MATERIALS

A. Personnel safety equipment shall be furnished in compliance with federal and state requirements, including OSHA.

B. Equipment decontamination facility shall be located such that any equipment leaving the exclusion zone shall be decontaminated prior to leaving the site.

C. Prior to commencement of site activities, the Contractor shall submit a plan to the Professional for approval on the methods and materials to be used for the decontamination of vehicles leaving the site.

D. The Contractor shall provide sufficient drinking water and sanitation facilities for all employees and site visitors.

PART 3 EXECUTION

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END OF SECTION

Construction Facilities Production Painting: Merchant’s Publishing 01520-3 June 2016

SECTION 01540

CONSTRUCTION AIDS

PART 1 GENERAL

1.01 CONSTRUCTION AIDS

A. The Contractor shall furnish, install, and maintain as long as necessary and remove when no longer required, safe and adequate scaffolding, ladders, staging, platforms, chutes, railings, hoisting equipment, shoring, engineering supports, etc., as required for proper execution of the Work. All construction aids shall conform to federal, state, and local codes and laws for protection of workers and the public.

B. The Contractor must erect and maintain all street barricades, signal lights and lane change markers during the periods that a traffic lane is closed for their operations. There must be full compliance with rules and ordinances respecting such street barricading and devices must be removed when hazard is no longer present. Contractor shall obtain appropriate permits and authorizations.

C. The Contractor shall construct and maintain any necessary surface drainage systems on the Work site so as to prevent storm water from entering the excavation, and flowing onto public or private property adjacent to the Owner's land. The Contractor shall prevent erosion of soils and blockage of any existing drainage system.

D. The related costs for construction aids specified in this Section are incidental to the project.

PART 2 PRODUCTS

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PART 3 EXECUTION

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END OF SECTION

Construction Aids Production Painting: Merchant’s Publishing 01540-1 June 2016

SECTION 01550

VEHICULAR ACCESS AND PARKING

PART 1 GENERAL

1.01 ACCESS ROADS AND PARKING

A. Prior to commencing work, the Contractor will be responsible for either videotaping or photographing the existing roads, curbs, parking areas, fences, and structures to record the condition of the existing site structures. Any damage caused by the Contractor’s work activities shall be repaired by the Contractor at no cost to the Owner.

B. The Contractor shall construct temporary access roads and parking areas necessary for proper execution of the work under this contract. Haul roads shall be constructed with suitable grades and widths; sharp curves, blind corners, and dangerous cross traffic shall be avoided. Temporary roads and parking areas shall be designed and maintained by the Contractor, so as to be fully usable in all weather conditions.

C. Contractor employee parking shall not interfere with the progress of work. Vehicles leaving the construction site that become contaminated while within the construction site shall be decontaminated prior to leaving the site. Vehicles specified by the Professional shall be decontaminated and shall not leave the site without authorization of the Professional.

D. Temporary access roads and parking areas shall be removed by the Contractor prior to final acceptance, unless otherwise required by the Contract Documents.

E. All costs associated with this Section are incidental to the project.

1.02 MAINTENANCE OF CONSTRUCTION AREA

A. Construction fencing shall be kept in a state of good repair and proper alignment.

B. Should the Contractor elect to traverse grassed or unpaved areas which are not established roadways with construction equipment or other vehicles, such areas shall be covered with a layer of gravel or equipment mats, as necessary, to prevent rutting and the tracking of mud onto paved or established roadways. Gravel gradation shall be at the Contractor's discretion.

C. All costs associated with this Section are incidental to the project.

1.03 PROTECTION AND MAINTENANCE OF TRAFFIC

A. Contractor shall maintain and protect traffic on all affected roads throughout the construction period, in accordance with local and MDOT ordinances and requirements. If the Work requires roads to be temporarily shutdown, traffic stopped or detoured, the Contractor shall make arrangements with local and MDOT authorities for permits, permission and proper procedures and required protective measures. Measures for the protection and diversion of traffic include, but are not limited to, the following:

1. Provision of watchman and flagmen Vehicular Access and Parking Production Painting: Merchant’s Publishing 01550-1 June 2016

2. Erection of barricades 3. Placement of lights around and in front of equipment and the work 4. Erection and maintenance of adequate warning signs such as danger and direction signs 5. Erection of Slow Moving Trucks Entering Highway or any other signs as required

The aforementioned measures shall be as required by the State, and local authorities having jurisdiction.

B. The traveling public shall be protected from damage to person and property. Contractor shall obtain permits, place barricades, install fencing, provide flag persons, and provide necessary provisions to ensure the safety of traveling public adjacent to the site during demolition work.

C. The traveling public shall be protected from damage to person and property. The Contractor's traffic on roads selected for hauling material to and from the site shall interfere as little as possible with public traffic. The Contractor shall investigate the adequacy of existing roads and the allowable load limit on these roads. The Contractor shall be responsible for the repair of any damage to roads caused by construction operations. The Contractor shall minimize public road impacts from construction operations.

D. No mud tracking or mud matting will be allowed on any public street. Contractor shall arrange for and supply a street-sweeper/cleaner to maintain the public roads on an ongoing basis. The cleaning operation shall be conducted as required and determined by the Professional.

E. Any required sidewalk and lane closures or work in the public rights-of-way shall be approved by the State, City, Michigan Department of Transportation, and/or any other authorities having jurisdiction. Contractor is responsible for obtaining required permits for work within the public rights-of-way.

F. All costs associated with this Section are incidental to the project.

PART 2 PRODUCTS

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PART 3 EXECUTION

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Vehicular Access and Parking Production Painting: Merchant’s Publishing 01550-2 June 2016

SECTION 01560

TEMPORARY BARRIERS AND ENCLOSURES

PART 1 GENERAL

1.01 BARRIER AND ENCLOSURES

A. The Contractor shall furnish, install, and maintain, as long as necessary, adequate barriers, warning signs, or lights at all dangerous points throughout the Work for protection of property, workers, and the public. The Contractor shall remove such material when deemed no longer required. The Contractor shall hold the Owner and Professional harmless from damage or claims arising out of any injury or damage that may be sustained by any person or persons as a result of the Work under the Contract.

B. Temporary Fence: The Contractor shall install a temporary 6-foot tall chain link fence enclosing the entire work area at all times including excavations. Gates shall be provided at all points of access. Gates shall be closed and secured in place at all times when Work under the Contract is not in progress. Contractor shall entirely enclose all excavations to be open overnight as required by OSHA regulations. The temporary fence shall be removed and grounds restored to original condition upon completion of the Work.

C. Barricades: The Contractor shall erect and maintain temporary barricades to limit public access to the construction areas. Such barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Barricades shall be securely placed and clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

D. Street Barricades: The Contractor shall erect and maintain all street barricades, signal lights, and lane change markers, and signage during periods that traffic lanes are closed for operations, if traffic may be affected by onsite work, and/or to protect vehicular and pedestrian traffic. There shall be full compliance with rules and ordinances regarding street barricading, and the devices shall be removed when the hazard is no longer present. All street barricades shall meet the requirements of the Michigan Department of Transportation (MDOT), State of Michigan, and local governing authority for work in the right-of-way. The Contractor shall be responsible for obtaining any necessary right-of-way permits and associated costs.

E. Traffic Control Devices: The Contractor Shall erect, maintain, and remove when completed all traffic control devices as required by the Traffic Control Plan prepared by the Contractor and approved by the City of Kalamazoo. All traffic control devices shall meet the requirements of MDOT and the City of Kalamazoo. The Contractor shall obtain necessary permits and meet all permit requirements.

F. All costs associated with temporary barriers and enclosures are incidental to the project.

Temporary Barrier and Enclosures Production Painting: Merchant’s Publishing 01560-1 June 2016 1.02 SECURITY PROVISIONS

The Contractor shall be responsible for the security of its own equipment and material. In addition, the Contractor may notify the appropriate law enforcement agency requesting periodic security checks of the Work area. Other security items, such as lighting, shall be the responsibility of the Contractor, including all fees.

PART 2 PRODUCTS

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PART 3 EXECUTION

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END OF SECTION

Temporary Barrier and Enclosures Production Painting: Merchant’s Publishing 01560-2 June 2016

SECTION 01575

DUST CONTROL AND AIR MONITORING

PART 1 GENERAL

1.01 DESCRIPTION

The Contractor shall provide necessary engineering controls to prevent dust emission and offsite migration of airborne materials. Air monitoring shall be performed to ensure that airborne dust levels do not exceed established regulatory limits. All costs associated with dust control and air monitoring are incidental to the project.

1.02 SUBMITTALS

A. Dust Control and Air Monitoring Plan

Prior to proceeding with the soil excavation, removal, and disposal work, the Contractor shall submit, in accordance with Section 01330-Submittal Procedures and as part of the Project Work Plan, a dust control and air monitoring plan to the Professional for approval.

At a minimum the Dust Control and Air Monitoring Plan shall include:

1. The means, methods, and procedures used to control airborne emissions and to avoid potential dust migration offsite.

2. The equipment, sampling procedures, and sampling locations to be used for dust monitoring.

3. Wet-sweeping of public roads, as necessary, to control dust resulting from onsite activities.

B. Monitoring Reports

The Contractor shall submit daily air monitoring reports to the Professional for review at the end of every workday of excavation and associated operations. The monitoring reports shall include real-time air monitoring data.

1.03 QUALITY CONTROL

A. Work Area

1. The Contractor shall maintain and control airborne dust below 10 mg/m3 in the work area, during soil excavation and associated activities.

2. Provide regular and adequate moisture during operations to prevent dust emissions and migration.

3. Use air monitoring that will adequately demonstrate that dust emission in the work area is below 10 mg/m3 during activities.

Dust Control and Air Monitoring Production Painting: Merchant’s Publishing 01575-1 June 2016 B. Site Perimeter

1. The Contractor shall maintain and control airborne dust below 150 ug/m3 at the site perimeter, during soil excavation and associated activities.

2. Provide regular and adequate moisture during operations to prevent dust emissions and migration.

3. Use air monitoring that will adequately demonstrate that dust emission at the site perimeter is below 150 ug/m3 during activities.

PART 2 PRODUCTS

2.01 MONITORING INSTRUMENT

Instrumentation that adequately demonstrates compliance, such as real-time aerosol monitors/data logger.

PART 3 EXECUTION

3.01 AIR MONITORING

A. The Contractor shall have a minimum of three real-time aerosol monitors at the work area to monitor air quality during excavation and removal operation. One real-time monitor shall be placed upwind of the excavation area and two aerosol monitors shall be placed downwind of the excavation area. One downwind monitoring station shall be adjacent to the work area, and the other downwind monitoring shall be located at the site perimeter. The location placement of the aerosol monitors shall be approved by the Professional on daily basis prior to start of demolition and related activities.

B. The Contractor shall closely monitor dust levels at the project site during excavation and associated operations. At no time may the concentration of aerosol dust resulting from the Contractor’s activity exceed 10 mg/m3 in the work area or 150 ug/ m3 at the site perimeter for more than 5 minutes during construction. If the level of dust exceeds these limits for more than 5 minutes at any one real-time aerosol monitoring location, operations shall be immediately suspended. Additional dust control measures shall be taken to reduce the airborne dust generated from the Contractor operation. Contractor shall not resume the excavation activity until the level of dust drops below 10 mg/m3 in the work zone and 150 ug/ m3 at the site perimeter for a minimum of 10 minutes.

3.02 DUST CONTROL

A. The Contractor shall employ adequate engineering controls and misting operations, so as to prevent visible emissions of dust and migration of airborne materials offsite. Water sprayers may be used to prevent fugitive dust emission during the remediation operations. The Contractor shall coordinate with property owner and/or local municipality for water availability and pay for the use of the water. The Contractor shall pay costs for installation and removal of any temporary connections including necessary safety devices and controls. Use of water shall not result in or create hazardous or objectionable conditions. Use of water

Dust Control and Air Monitoring Production Painting: Merchant’s Publishing 01575-2 June 2016

will not be permitted when it will result in or create hazardous or objectionable conditions such as ice, flooding, pollution, or electrical shock.

B. Excavated soils may be temporarily stockpiled on a plastic liner (10-mil minimum thickness). The plastic liner shall have a minimum 3-foot wide soil-free perimeter around the stockpiles. The stockpile shall also be completely covered with a double layer of the plastic anchored securely to protect against wind and precipitation. Stockpiles shall be sloped to minimize creeping or sloughing of the soils, and the Contractor shall clearly mark contaminated and uncontaminated stockpiles. Diking or other measures shall be used to prevent surface runoff from flowing onto the liners on which the soil is placed. Where several sheets of plastic are necessary to cover the stockpiles, the edges shall be taped and shall overlap a minimum of 2 feet. Once the stockpile has been covered, the soil-free perimeter of the liner shall be secured with concrete blocks. The Contractor, under the direction of the Professional, shall daily inspect the liners and covers for defects and damage. Should any tears, defects, or other damages be found, the Contractor shall replace or repair the damaged plastic sheets, at no additional cost to the Owner or Professional.

C. To prevent trackout of contaminated materials and uncontaminated soil that may result in a dust problem, when necessary, vehicles shall be thoroughly decontaminated and washed prior to leaving the site. If there is significant track out of dust onto adjacent public roadways, the Contractor shall provide and operate a wet-sweeper at a frequency necessary to prevent dust problems. When contaminated material is transported offsite, all loads shall be properly covered prior to leaving the site to minimize loss from the trucks.

3.03 DATA REPORTING

The Contractor shall submit a hard copy of the continuous real-time aerosol monitoring data to the Professional for inspection at the end of each workday.

END OF SECTION

Dust Control and Air Monitoring Production Painting: Merchant’s Publishing 01575-3 June 2016

SECTION 01740

CLEANING

PART 1 GENERAL

1.01 CLEANING

A. Regular Cleaning: All scrap or removed material, debris, or rubbish shall be regularly removed from the project at the end of each workday and more frequently whenever the Professional deems such material to be a hazard. No discarded material shall be deposited on the grounds. No salvage or surplus material may be sold on the premises. The Contractor shall take appropriate efforts so as not to create any nuisance conditions at or around the property. Contractor shall promptly clean areas dirtied by any cause arising from its operations. Contractor shall maintain good housekeeping practices, and comply with local permits and ordinances.

B. Final Cleaning: Just prior to final acceptance by the Owner and Professional, the Contractor shall clean all of the Work and existing surfaces, building elements and contents that were soiled by the operations and make repairs for any damage or blemish that was caused by the Work.

C. The Contractor is responsible for wet sweeping of streets on a regular basis, or as required by Owner, MDOT or local government, and just prior to final acceptance by the Owner and Professional to control the dust or mud tracking.

D. All related costs associated with site cleaning are incidental to the project.

1.02 CLEANUP

A. All construction debris and waste materials generated by the Contractor shall be removed from the work site daily. Any dirt or debris tracked onto paved or surfaced roadways shall be cleaned away. Salvageable uncontaminated or decontaminated materials resulting from removal activities may be stored at the site with approval of the Owner. Materials not stored in trailers, whether new or salvaged, shall be neatly stacked when stored. The related costs are incidental to project.

B. All construction debris, waste materials, rubbish, and excess and/or unsatisfactory materials resulting from the Work and generated onsite shall be completely removed from the site and properly disposed of, unless otherwise specified or directed.

C. All related costs associated with site cleanup are incidental to the project.

PART 2 PRODUCTS

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PART 3 EXECUTION

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END OF SECTION Cleaning Production Painting: Merchant’s Publishing 01740-1 June 2016

SECTION 01780

CONTRACT CLOSE OUT

PART 1 GENERAL

Division 0 supersedes any of the provisions presented in this section.

1.01 DESCRIPTION

A. This Section provides the requirements for final closeout of the project, including final review of work, final adjustments of accounts, and as-built drawing review.

B. Substantial Completion shall be defined as the completion of all Contract Items, with the exception of demobilization.

C. A Substantial Completion Inspection of the site shall be conducted by the Owner and Professional with the Contractor. Deficiencies identified during the inspection shall be rectified at no added expense to the Owner.

D. A Project Closeout Meeting shall be conducted by the Professional, with the Contractor and the Owner, at the end of the work upon completion of punch list items identified in the substantial completion meeting.

1.02 REFERENCES

The following publication forms a part of this specification to the extent referenced. This publication is referred to in the text by its basic designation only.

AMERICAN INSTITUTE OF ARCHETECTS (AIA)

G702, G703 Application and Certification for Payment Form

1.03 SUBMITTALS

A. The Contractor shall provide written notification to the Professional when the project is substantially complete.

B. Upon verification of Substantial Completion by the Owner and Professional, the Contractor shall sign a Certificate of Substantial Completion for the Contract Work (Form: DMB-445). This form must be dated to reflect the actual date of Substantial Completion.

C. The Contractor shall provide written notification to the Professional when the project is complete in accordance with contract documents and is ready for final review.

D. If the project is bonded, the Contractor shall provide consent to make final payment from the bonding company with power of attorney.

Contract Close Out Production Painting: Merchant’s Publishing 01780-1 June 2016

E. The Contractor shall submit a final statement of accounting for all contract quantities to the Professional.

F. The Contractor shall submit a Final Application for Payment to the Professional, as detailed in Subsection 3.05 Final Application for Payment.

G. The Contractor shall submit, to the Professional, a completed Guarantee and Statement form (DMB-437) with the Final Application for Payment.

PART 2 PRODUCTS

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PART 3 EXECUTION

3.01 SUBSTANTIAL COMPLETION

A. The Contractor must notify the Professional that the project is substantially complete.

B. The Professional will schedule the Substantial Completion Inspection upon receipt of notification from the Contractor. The Contractor must be represented on the job site at the time this inspection is made.

C. Upon inspection, should the Owner and Professional consider the work substantially complete:

1. The Professional shall prepare and provide to the Contractor, a punch list of minor items to be completed or corrected, as determined by the inspection.

2. The Professional will complete and sign a Certificate of Substantial Completion of Contract Work and provide it to the Contractor for signature. This form shall include the Contractor's punch list, as amended by the Professional.

3. The Contractor shall complete the work listed for completion or correction within seven calendar days or as otherwise agreeable to the Owner and Professional.

4. Two hundred percent (200%) of the value of all punch list items will be withheld from payment and will be paid to the Contractor upon final completion, as part of the Final Application for Payment.

D. Upon inspection, should the Owner and Professional consider the work not substantially complete:

1. The Professional shall notify the Contractor immediately, in writing, identifying the work is not substantially complete.

2. The Contractor shall then complete the work, and send a new written notice to the Professional certifying that the project is substantially complete.

Contract Close Out Production Painting: Merchant’s Publishing 01780-2 June 2016

3. The Owner and Professional will again review the work to verify if it is substantially complete.

3.02 FINAL REVIEW

A. The Contractor must notify the Professional that the Work has been completed in accordance with Contract Documents, and the project is ready for final review.

B. The Owner and/or Professional shall conduct a final review and provide any comments to the Contractor within seven calendar days after performance of the final review.

C. Should the Owner and Professional consider that the work is finally complete in accordance with the requirements of Contract Documents, the Professional will request that the Contractor submit the project closeout documents to Professional.

D. Should the Owner and Professional consider that the work is not finally complete:

1. The Professional will notify Contractor, in writing, identifying what work is not finally complete.

2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a new written notice to the Professional certifying that the work is complete. The Owner and/or Professional will again review the work for final completion.

3.03 CLOSE OUT SUBMITTALS

The Contractor shall submit completion notifications, guarantees and statements, other warranties, Consent of Surety, all manifests and weight tickets not previously submitted, laboratory analytical data, compaction testing results, air monitoring report not previously submitted, as-built drawings, etc. to the Professional.

3.04 FINAL ADJUSTMENTS OF ACCOUNT

A. Submit final statement of accounting for all contract quantities to the Professional.

B. Statement shall reflect all adjustments, including:

1. Original Contract Sum 2. Additions and deductions resulting from: a. Previous Contract Change Orders b. Cash Allowances c. Work not performed and other adjustments d. Deductions for uncorrected work e. Deductions for liquidated damages 3. Total Contract Sum, as adjusted 4. Previous payments 5. Sum due to the Contractor

Contract Close Out Production Painting: Merchant’s Publishing 01780-3 June 2016 C. The Professional will process a final Change Order Request, reflecting approved adjustments to Contract Sum not made previously by Change Orders.

3.05 FINAL APPLICATION FOR PAYMENT

A. Contractor shall submit the following to the Professional as final application for payment:

1. Written notification that the project is complete

2. Application and Certification for Payment form (AIA Documents G702 and G703, or equivalent)

3. Consent of Surety to final payment with power of attorney

4. Guarantee and Statement (Form DMB-437) from Contractor guaranteeing site work for one year from the date of Substantial Completion, for all work completed through Substantial Completion. A separate one-year guarantee period maybe established for seeding, depending on the completion date of associated activities.

5. Certificate of Substantial Completion (Form DMB-445) of Contract Work form. This form must be dated to reflect actual date of substantial completion and signed by an authorized representative of the Contractor.

B. Upon receipt of application for final payment, the Professional will review the application to determine if the project is substantially complete. If so determined, within seven calendar days, the Professional will recommend final payment by the Owner or provide the Contractor with written notice stating why the request was not recommended for payment.

END OF SECTION

Contract Close Out Production Painting: Merchant’s Publishing 01780-4 June 2016

SECTION 01785

PROJECT RECORD DOCUMENTS

PART 1 GENERAL

1.01 DESCRIPTION

The Contractor shall keep accurate record documents for all additions, substitution of material, variations in work, and any other revisions to the Contract Documents.

1.02 MAINTENANCE OF DOCUMENTS

A. The Contractor shall maintain at job site, one copy of:

1. Site-Specific Health and Safety Plan 2. Project Work Plan 3. Permits 4. Record drawings showing progress of work 5. Specifications 6. Addenda 7. Contract Change Orders 8. Other modifications to Contract 9. Field test records 10. Scale certification documentation 11. Contractor’s daily progress or activity reports, including: a. Records of all site work b. Daily payment quantities c. Manifest documents and variance reports d. Inspection records for staging and storage e. Reports on any emergency response actions f. All laboratory and analytical results g. Wage records as required for Federal/State funded projects h. Dust control and air monitoring reports i. Photographs and negatives j. Chain-of-Custody forms k. Shipping documents l. Accident reports m. Spill reports

B. The Contractor shall provide files and racks for storage of documents. Documents shall be stored in a dry safe place, apart from construction documents; and be available for inspection by the Professional or Owner

C. The record documents shall not be used for construction purposes.

D. The Contractor shall submit all Project Record Documents prior to submittal of the Application for Final Payment. The Contractor will not receive final payment until the Project Record Documents are received.

Project Record Documents Production Painting: Merchant’s Publishing 01785-1 June 2016

1.03 SUBMITTALS

A. At the completion of field operations, the Contractor shall deliver record documents to the Professional, including consolidation and summary of the analytical quality control results in final report format and record drawings.

B. Project record documents shall include all items specified in Subsection 1.02-Maintenance of Documents. The accompanying transmittal letter shall contain the following information:

1. Date 2. Project title and number 3. Contractor’s name and address 4. Title and number of each record 5. Certification that each document as submitted is complete and accurate 6. Signature of Contractor 7. Section reference from the specifications

C. The approved Submittals are a part of the final As-Built/Record Documents must be submitted to the Professional at project completion as a condition for processing final payment to the Contractor.

1.3 RECORDING

A. Clearly label each document “PROJECT RECORD”.

B. The Contractor shall keep record documents current.

C. Specification and addenda shall be legibly marked up to record changes made by change or field orders, on other matters not originally specified.

D. All drawings shall be reproducible for future use and reference.

PART 2 PRODUCTS

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PART 3 EXECUTION

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END OF SECTION

Project Record Documents Production Painting: Merchant’s Publishing 01785-2 June 2016 DIVISION 2

SITE WORK SECTION 02000

SITE PREPARATION

PART 1 GENERAL

1.01 SITE PLAN

A. The Contractor shall prepare a site plan indicating the proposed location and dimensions of any area to be used for material stockpiles, employee and/or vehicle/equipment parking/storage, the number of trailers to be used, avenues of ingress/egress to the fenced construction area, vehicle and personnel decontamination units, primary roadways within the site, and location of dust/air monitoring devices. Any areas anticipated for use as access roads or which may have to be graveled to prevent the tracking of mud onto public roadways shall also be identified and permission gained from the Owner, Professional, Michigan Department of Transportation, and local authority, as necessary. In addition, the Contractor shall identify the location, size, and type of vehicle and personnel decontamination units. The site plan shall be submitted as part of the Project Work Plan.

B. Identification of Employees

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged in the Work to display identification. Identification shall be kept onsite during periods when an employee is not engaged in work. Contractor and subcontractor personnel shall wear identifying markings on hard hats clearly identifying the company for whom the employee works and sign the Sign-In Log on a daily basis.

PART 2 PRODUCTS

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PART 3 EXECUTION

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END OF SECTION

Site Preparation Production Painting: Merchant’s Publishing 02000-1 June 2016

SECTION 02120

OFFSITE TRANSPORTATION AND DISPOSAL

PART 1 GENERAL

1.01 WORK INCLUDED

A. Insure that all vehicles entering and leaving the site comply with all safety requirements and licensing requirements of the Federal, State, and local regulations.

B. Prepare vehicles to prevent spillage, leakage or contamination.

C. Inspect vehicles before leaving the site.

D. Transport equipment to and from the site.

E. Transport debris and waste generated from excavation activities, liquids, and other material from the site to pre-approved facilities.

1.02 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

CODE OF FEDERAL REGULATIONS (CFR)

29 CFR Part 1910 Occupational Safety and Health Standards

29 CFR Part 1926 Safety and Health Regulations for Construction

40 CFR Part 261 Identification and Listing of Hazardous Waste

40 CFR Part 262 Standards Applicable to Generators of Hazardous Waste

40 CFR Part 263 Standards Applicable to Transporters of Hazardous Waste

40 CFR Part 264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR Part 265 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

49 CFR Part 171 Department of Transportation Regulations to Stipulate Requirements for Containers and Procedures for Shipment of Hazardous Waste

49 CFR Part 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and

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Training Requirements

49 CFR Part 173 Shippers General Requirements for Shipment and Packaging

49 CFR Part 177 Carriage by Public Highway

49 CFR Part 180 Rules for Continuing Qualifications and Maintenance of Packaging

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 30 (1990) Flammable and Combustible Liquids Code

NFPA 70 B (1990) Recommended Practice for Electrical Equipment Maintenance

NFPA 325M Fire Hazard Properties of Flammable Liquids, Gases, and Volatile Solids

STATE OF MICHIGAN

PA 451, PART 201 Michigan Natural Resources and Environmental Protection Act

PA 451, PART 211 Underground Storage Tanks

PA 451, PART 213 Leaking Underground Storage Tanks

PA 451, PART 111 Michigan, NREPA Hazardous Waste Management Act

PA 451, PART 115 Michigan, NREPA Solid Waste Management Act

PA 136 Michigan Liquid Industrial Waste Act

1.03 PERMITS, LICENSES, AND CERTIFICATIONS

The Contractor shall obtain all applicable permits, waste approvals, and State licenses required for transportation and disposal of any debris or waste resulting from the Work.

1.04 SUBMITTALS

A. The Contractor shall submit the names of the disposal facilities and verification that each facility is properly licensed by State and Federal agencies to accept the types and quantities of intended debris or waste. This information shall be submitted to the Professional for approval, as specified in Section 01330-Submittal Procedures.

B. Before disposal operations begin, the Contractor shall submit the transportation routes to the selected solid and liquid disposal facilities to the Professional for approval. The Contractor shall use designated truck routes and shall comply with all seasonal load restrictions.

C. The Contractor shall submit a Spill Contingency Plan for transportation of solids and liquid to

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the Professional for approval before disposal operations begin. This plan shall address all the potential hazards, necessary actions to follow in case of spills, and emergency phone numbers enroute to each disposal facility.

D. Weigh Scale:

1. The Contractor shall provide the copies of calibration certification of all weigh scales and copies of weigh tickets including location, date, and time of weighing, measured weights, vehicle and container identification, and shipment identification number.

2. All vehicles shall be weighed before and after loading at a state-certified weigh scale facility, as directed by the Professional. Weighing shall be conducted to allow calculation of the loaded material weight to the satisfaction of the Professional.

3. Deliver written weigh scale receipts and manifests to the Professional at the end of each day that material is shipped offsite and upon request.

E. The Contractor shall submit copies of all manifests and bills of lading to the Professional during transportation and disposal operations.

F. The Contractor shall submit a Decontamination Plan that includes vehicle decontamination and prevention of mud-tracking offsite.

G. All cost for submittals are incidental to the project.

1.04 PROJECT RECORD DOCUMENTATION

A. Record weight, volume, and character of material disposed.

B. The Contractor shall provide documentation that the measuring devices used are certified by the appropriate State inspection agency.

C. The Contractor shall provide to the Professional written documentation and records verifying receipt and the quantity received of each load at the disposal facility and verification of proper disposal. Copies of the actual receipt must be provided.

D. The Contractor shall prepare and maintain accurate manifests or bills of lading for each load of waste materials being transported and disposed. The Contractor is responsible for obtaining the Professional, Owner, or Owner-authorized representative’s signature on manifests for transportation and disposal purposes.

E. All of the materials shall be sampled and analyzed in accordance with the requirements as required by the appropriate disposal/recycling facility, and by applicable regulations.

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PART 2 PRODUCTS

2.01 EQUIPMENT

The Contractor shall provide equipment, personnel, and facilities necessary to handle, load, and effectively manage materials for transport to off-site disposal/recycling facilities.

PART 3 EXECUTION

3.01 LOADING AND HAULING

A. All haul vehicles are to be inspected by the Contractor for soil adhesion to wheels, under carriage, and other external components. These soils shall be removed and properly handled by the Contractor before the haul vehicle leaves the site. The decontamination procedures shall be carried out in the decontamination zone. Before leaving the site, all vehicles shall be approved by the Professional. All rinse waters are to be collected for temporary storage prior to disposal. The Contractor will sample collected rinse waters to ensure proper disposal. Contractor shall be responsible for the disposal and any associated testing. All associated decontamination costs are incidental to the project.

B. Transport vehicles shall not be allowed to leave the site if they are leaking or spilling materials or there is evidence that leaking or spilling may likely occur.

C. All transport vehicles shall be in strict conformance with all the applicable Federal, State, and local laws.

D. The Contractor shall keep accurate records for the following information: Type and quantity of materials, including liquids, removed from the site and analytical testing results. Professional approval is required before any liquid or material leaves the site.

E. The Contractor shall provide the Professional with copies of the aforementioned records, all permits required, manifests, waste hauling permits, and necessary affidavit regarding the waste materials, including liquid disposal.

F. All transport vehicles shall be cleaned before loading with waste material.

G. Prior to transportation, all of the established pre-transportation requirements shall be met.

H. The waste shall be transported by an appropriately certified waste hauler in approved labeled containers.

I. No activities, including loading, shall occur in areas that will obstruct the view of traffic.

J. The Contractor shall clean the ingress/egress routes as needed, and all waste loading and hauling shall be conducted in accordance with MDOT and local standards and regulations.

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3.02 DISPOSAL

A. All disposal activities shall conform to Federal, State, and local government regulations.

B. For contaminated wastes, the Contractor shall use a State of Michigan-approved manifest system so that the waste can be tracked from generation to ultimate disposal. The manifest shall comply with all of the provisions of the transportation and disposal regulations. All transporters must sign the appropriate portions of the manifest and must comply with all of the provisions established in the applicable regulations. Contaminated waste manifests must be signed by the Professional, Owner, or Owner-authorized representative.

C. The waste manifest shall comply with all of the provisions of the transportation and disposal regulations. All transporters must sign the appropriate portions of the manifest and must comply with all of the provisions established in the applicable regulations.

D. Contaminated materials shall be disposed of at a Professional or Owner pre-approved licensed disposal/recycling facility.

E. All arrangements and scheduling with the disposal facility shall be performed by the Contractor. The Contractor is also responsible for all waste characterization sampling and analysis required for disposal. The Contractor is also responsible for obtaining necessary approvals from the disposal facilities.

3.03 SPILLS

The Contractor is responsible for cleaning up all leaks and spills from containers and other items onsite or offsite that occur because of the Contractor’s negligence. Immediate containment actions shall be taken, as necessary, to minimize the effect of any spill or leak. The Contractor shall notify the Professional and appropriate governmental authorities of the incident. Cleanup shall be in accordance with applicable Federal, State, and local laws and regulations at no additional cost to the Owner.

END OF SECTION

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SECTION 02130

SITE DECONTAMINATION

PART 1 GENERAL

1.01 SUBMITTALS

A Decontamination Plan shall be submitted to the Professional as part of the Project Work Plan, in accordance with Section 01330-Submittal Procedures. The Decontamination Plan shall include the following information:

A. Decontamination zone/area location

B. Materials and equipment used for decontamination, such as pressure washers, decontamination pad construction, etc.

C. Procedures and methods for personnel, equipment, and vehicle decontamination

D. Rinse water collection and containment

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.01 DECONTAMINATION

A. The Contractor shall provide, operate, and maintain decontamination units for personnel, equipment, and vehicles at the project site as approved by the Professional. The decontamination unit shall serve to remove, to the best extent possible, contaminated soil and materials from equipment and vehicles before they exit the site. The Professional may restrict vehicles from leaving the site until the vehicles are decontaminated to the approval of the Professional.

B. All vehicles that come in contact with contaminated material and/or as specified by the Professional shall be decontaminated. Soils or contaminants shall be removed and properly handled by the Contractor. At a minimum, the Contractor shall provide wheel and under carriage wash using high-pressure water or steam. The rinse waters used in the operation shall be collected, stored, sampled, and properly disposed of, based on corresponding waste characterization analytical results. The Contractor shall coordinate these activities.

C. All costs associated with decontamination, including, but not limited to, materials, equipment, analyses, transportation, and disposal, are incidental to the project.

END OF SECTION

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SECTION 02240

DEWATERING

PART 1 GENERAL

1.01 WORK INCLUDED

A. Work shall include dewatering at excavation Areas 1 and 2. Dewatering is not needed at excavation Areas 3 and 4.

B. The Work shall consist of removing and discharging groundwater to prevent accumulation of groundwater in the excavations anticipated to be approximately 15 feet below ground surface at excavation areas 1 and 2. Dewatering shall include the removal of groundwater water from well point(s) and/or pump(s) installed at the perimeter and/or within the anticipated limits of excavation.

C. The Work shall consist of dewatering 24 hours a day during the entire duration of soil excavation and backfill as directed by the Professional. Contractor shall make necessary provisions for uninterrupted power supply to the dewatering pump(s). Dewatering shall begin at a minimum one day prior to starting excavation and ends when backfilling/compaction is complete at each of the two excavation areas 1 and 2.

D. The Work shall consist of complying with the City of Kalamazoo sanitary sewer discharge approval requirements including, but not limited to, the discharge flow rate. The Contractor shall provide a dedicated calibrated totalizing flow meter on the discharge line at the sanitary sewer manhole, and shall routinely monitor the flow rate to ensure compliance.

E. The Work shall consist of removing two 55-gallon drums containing groundwater stored inside the onsite building, and discharging to the sanitary sewer via sediment filter and flow meter.

F. The Work shall consist of installing dewatering wells/points for excavation areas 1 and 2 identified in the figures and as directed by the Professional.

1.02 DEFINITIONS

Dewatered Liquids - All liquids that are encountered in excavations and groundwater recovered through dewatering system. For purposes of this bid, dewatered liquids are considered non-hazardous. All surface water runoff that is required to be pumped out of the excavation will not be paid for under this contract. It is the Contractor’s responsibility to prevent surface water runoff from entering open excavation(s).

1.03 SUBMITTALS

A. Work Plan

As part of the overall Work Plan, the dewatering Work Plan shall be submitted, prior to proceeding with any work. No adjustment for time or money will be made for resubmittals

Dewatering Production Painting: Merchant’s Publishing 02240-1 June 2016 required as a result of noncompliance. The Work Plan shall, at a minimum, present the following:

1. Description of the methods and equipment to be used for each operation (i.e., wells, pumps, piping, meters, generators, etc.) 2. Scheduling and operational sequencing 3. Method to protect excavation from surface water runoff during excavation

1.04 PROJECT COORDINATION

A. The Contractor shall carefully coordinate the work in this Section with all other work. The work shall be compliant with OSHA regulations and other applicable safety requirements.

B. The Contractor shall verify on site utility line locations that are in close proximity to the work areas. Utility lines may include, but are not limited to, the following: telephone, cable, electric, steam, water, sewer, and gas lines.

PART 2 PRODUCTS

2.01 DEWATERING SYSTEM

The dewatering system shall be of sufficient size and capacity necessary to achieve groundwater drawdown to below the bottom of the excavation. For bidding purposes, the Contractor shall assume the flowing:

A. Installing dewatering wells/points for excavation areas 1 and 2 identified in the figures and as directed by the Professional. The depth of well points shall not exceed 20 feet below ground surface. The average groundwater table is approximately 7 to 8 feet below ground surface.

B. Installing, operating, and maintaining a dewatering system capable of removing and discharging 400 gallons per minute (gpm) to the City sanitary sewer.

C. Furnishing, installing, operating and maintaining all necessary wells, points, pumps, piping, hose, power supply, and other facilities and equipment necessary for a complete setup to dewater and discharge to the City sanitary sewer. No discharge shall be allowed back to the subsurface at the site.

D. Furnishing and operating two sets of sediment filter units in parallel each with 400 gpm capacity. The filter units shall be installed with 50 micron filter bags and necessary plumbing/valves to allow for replacement of filter bags as needed while dewatering continues. Filter bags shall be replaced as needed to maintain minimal pressure drop and reduction in pumping rate.

E. Furnishing a sample port and a calibrated totalizing flow meter (approved by the City) between the sediment filters and the sanitary sewer manhole (discharge point) to measure the pumping rate and the cumulative total flow to the sanitary sewer.

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PART 3 EXECUTION

3.01 PREPARATION

A. Install dewatering system and start operation prior to start of excavation.

B. Provide schedule of the start of dewatering system to allow Professional to inspect the system and prepare to collect samples as required by the City.

C. Contractor shall shutdown the dewatering system immediately upon notification to terminate discharge to the sanitary sewer by the City/Professional/Owner.

3.02 PROTECTION

A. The Contractor shall provide necessary engineering controls to minimize surface water from entering the excavations.

B. The Contractor shall furnish, install, operate, and maintain all drains, sumps, pumps, casings, and other equipment needed to perform the dewatering specified. Dewatering methods that cause a loss of fines from excavation areas shall not be permitted. Dewatering methods shall be subject to the approval of the Professional.

C. The Contractor shall build, maintain, and operate all cofferdams, channels, flumes, sumps, and other temporary diversion and protective works needed to divert surface water runoff away from excavations.

3.03 EXAMINATION, TESTING AND ANALYSIS

The Contractor shall assist the Professional in collecting samples as required by the City.

3.04 REMOVAL

A. It is the intent of the Owner to maintain a sustained groundwater drawdown at or below 15 feet below ground surface through the entire period of excavation at each location. It is the responsibility of the Contractor to check the drawdown and maintain the pumping rates to sustain the drawdown during excavation. This includes having observation wells or test pits to check the depth to groundwater during dewatering.

B. Water generated during dewatering shall be considered impacted and handled as a hazardous material for the purposes of handling and comply with applicable regulations.

C. The Contractor shall continue dewatering at night if excavation is anticipated next day, as directed by the Professional.

3.05 DISCHARGE

A. The recovered groundwater from the dewatering system shall be discharged to the City of Kalamazoo sanitary sewer at Manhole KC14-400 at a pumping rate not to exceed 400 gpm. A map identifying the manhole is attached with the discharge approval (Appendix A).

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B. No other materials shall be released to storm or sanitary sewers without applicable treatment, permits and approvals from applicable federal, state and local governmental agencies.

3.06 QUALITY CONTROL

The Contractor shall establish and maintain a quality control system for all operations performed, to assure compliance with contract requirements and maintain records of its quality control for all operations performed, including, but not limited to, the following:

A. Observance of safety regulations

B. Quality of materials

C. Protection, maintenance and repair

D. Monitoring, sampling, analysis and reporting

END OF SECTION

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SECTION 02315

EXCAVATION AND FILL

PART 1 GENERAL

1.01 WORK INCLUDED

A. The numbers inside the anticipated excavation outlines in Figure 3 indicate the sequence of excavations. Excavation work shall begin at Area 1. Excavation at Area 2 shall begin upon completion of Area 1 excavation and backfilling/compaction as approved by the Professional. Excavation at Areas 3 and 4 shall be conducted as directed by the Professional upon completion of Area 2 excavation and backfill/compaction. Both excavation areas 1 and 2 require uninterrupted dewatering during excavation and backfill.

B. Excavate, remove, transport, and dispose subsurface contaminated soils at pre-approved disposal facility. The target contaminated soils are present to a depth of approximately 15 feet below ground surface (bgs).

C. Characterize the soil that is to be removed from the site, as required by the receiving facility and obtain approval from the receiving facility.

D. General backfilling, leveling, and compacting.

E. Repair and restore all ground areas after excavation is complete.

F. Sampling and testing of backfill materials are the responsibility of the Contractor.

1.02 RELATED SECTIONS

A. Section 01740-Cleaning

B. Section 02130-Site Decontamination

C. Section 02370-Soil Erosion and Sedimentation Control

1.03 REFERENCES

The following publication of the issue listed below forms a part of this specification to the extent referenced. The publication is referred to in the text by basic designation only.

MDOT Standard Specifications for Construction, 2003 Edition

ASTM D 2922 Standard Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods

ASTM D 1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort

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OSHA 1926 Subpart P – Excavations

1.04 DEFINITIONS

A. Competent Person: Competent Person is an individual who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them as defined by OSHA 29 CFR 1926.650. It is the responsibility of the Contractor to have a Competent Person at the site during the excavation and related activities.

1.05 TESTS

Testing shall be the responsibility of the Contractor and shall be performed at no additional cost to the Owner. Testing shall be performed by an approved commercial testing laboratory or may be performed by the Contractor, subject to approval by the Professional and Owner.

A. The Contractor shall characterize for disposal all excavated contaminated soil, and miscellaneous debris, as required by the disposal facility.

B. During backfilling and compaction above groundwater table, one compaction test per 12 inch lift for backfill materials. Compaction testing shall be conducted for backfill material in accordance with ASTM D 1557-Modified Proctor. A third party testing firm shall verify that compaction requirements were met. A professional engineer shall certify the compaction test results. The Contractor is responsible for the cost of the testing and certification.

C. One gradation test and one modified proctor test for the each type of backfill material.

D. The Contractor shall submit analytical results from all backfill material to the Professional to verify that backfill from offsite sources are uncontaminated, and MDOT classification.

1.06 SUBMITTALS

A. Project Work Plan

Procedures, methods, materials, and other information regarding excavation and backfill shall be included in the Project Work Plan developed by the Contractor, as specified in Section 01330-Submittal Procedures. The Contractor shall implement and maintain the work plan for all site activities as part of this work. The cost of work plan preparation is incidental to the project. No adjustment for time or money will be made for resubmittals required as a result of noncompliance. The following information regarding excavation and backfilling shall be included in the Project Work Plan, at a minimum:

1. Project Schedule 2. List of Subcontractors 3. Description of the methods and equipment to be used for each related operation (i.e., excavation, transportation, sampling, etc.). 4. Temporary storage for stockpiled contaminated soil 5. Transportation company

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6. Disposal facilities 7. Method to protect any storm sewers and conveyances during soil excavation in close proximity of the site. 8. Description of the means, methods, and procedures for site restoration. 9. Identify competent person as defined by OSHA, and provide qualifications.

B. Backfill Material

The Contractor shall submit data on proposed backfill material to the Professional for approval. This data shall include the source of backfill material; grain size analysis, including MDOT classification; compaction test results of backfill; and analytical results (including volatile organic compounds, semi-volatile organic compounds, polynuclear aromatic compounds, polychlorinated biphenyl compounds, and Michigan 10 metals) verifying that backfill material is uncontaminated. Testing shall be the responsibility of the Contractor and shall be performed at no additional cost to the Owner.

C. Analytical Reports

The Contractor shall submit to the Professional all analytical results of the backfill, waste characterization, and any other samples collected/required for the Work.

D. Weigh Scale:

2. All vehicles shall be weighed before and after loading at a state-certified weigh scale facility, as approved by the Professional. Weighing shall be conducted to allow calculation of the loaded material weight to the satisfaction of the Professional.

3. Deliver written weigh scale receipts and manifests to the Professional at the end of each day that material is shipped offsite and upon request.

E. Daily Site Activity Reports

The Contractor shall submit its Daily Site Activity Reports to the Professional, on a weekly basis and upon request.

1.07 PROJECT COORDINATION

A. The Contractor shall carefully coordinate the work in this Section with all other work. The work shall be compliant with Occupational Safety and Health Administration (OSHA) regulations and other applicable safety requirements.

B. The Contractor shall verify utility line locations that are in close proximity to the work areas. Utility lines may include, but are not limited to, the following: telephone, cable, electric, water, sewer, fiber optic, and gas lines. Contractor shall take precautions to protect all utilities and is responsible for the repair/replacement of any damages caused by the Contractor at no

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cost to the Owner. Contractor shall provide appropriate supports to the electrical poles and underground utilities including, but not limited to, gas, sanitary sewer and storm sewer.

PART 2 PRODUCTS

2.01 MATERIALS

A. All backfill materials are subject to the approval of the Professional.

B. Contaminated soils - Contaminated soil includes, but is not limited to: soil, concrete, asphalt, rubble, and other contaminated materials, as described in the specifications.

C. Uncontaminated soils - Uncontaminated soil includes uncontaminated soil material from the excavation as screened and approved by the Professional for use as backfill.

D. Backfill material - Satisfactory materials shall be MDOT Class II granular material, and MDOT 22A aggregate material and shall be free of trash, debris, roots, other organic matter, slag, and crushed concrete.

PART 3 EXECUTION

3.01 PREPARATION

A. Excavation and associated activities shall be conducted in the areas identified in the figures and as directed by the Professional.

B. The Contractor shall take extreme care during the site activities to prevent cross contamination. Adequate measures shall be taken to prevent surface water from entering Work areas.

C. The Contractor shall contact Miss Dig and other applicable local utility companies/authorities for utility identification a minimum of three working days prior to any site work. The Contractor shall comply with 1974 PA 53, as amended, MCL 460-701 et seq., and all other laws concerning underground utilities. The Contractor shall verify that all utility lines in close proximity to the Work areas are properly identified, marked, and protected, or capped, as applicable. Contractor shall notify Miss Dig of overhead electric lines where 10-foot clearance could not be maintained.

D. Contractor shall provide appropriate supports to the electrical poles and underground utilities including, but not limited to, gas, sanitary sewer and storm sewer.

E. Personnel working inside and around the excavation areas shall be trained and thoroughly familiar with the safety precautions and equipment required for controlling potential hazards associated with the Work.

F. As applicable, the Contractor shall obtain permission and all necessary permits for any work in adjacent properties, easements, and road rights-of-way. All costs associated with obtaining, submitting and maintaining permits, and permitting fees shall be paid for by the Contractor and are incidental to the project.

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G. Prior approval shall be obtained from the Owner and Professional before removal of any trees. Trees shall be removed as directed by the Professional. The cost for removal is incidental to the Contract. All trees, vegetation, and brush removed must be transported from the site and disposed of in an approved facility.

H. The Contractor shall be responsible for all sampling and analyses necessary for disposal and/or waste characterization.

I. The Contractor shall saw cut the existing pavement along the streets prior to removal of any asphalt.

J. The site is known to contain an invasive plant species known as Japanese knotweed. The Contractor shall inspect site and identify and mark the areas containing the Japanese knotweed prior to starting work. Contractor shall ensure to leave the plant material unaffected by the excavation operations. Information from the Midwest Invasive Species Information Network and the Michigan Department of Natural Resources regarding the Japanese knotweed identification and other appropriate measures to be taken.

3.02 PROTECTION

A. The Contractor shall supply temporary fencing and enclose excavations at the end of each workday. Excavations should be checked each day for adequacy of protection. Cost of fence and daily placement/removals thereof are incidental to the project.

B. Protect the public utilities and any surface water bodies from hazards related to excavation activities, and implement applicable erosion control measures.

C. The Contractor shall grade the excavation perimeter to prevent surface and storm water runoff entering the excavation.

D. The Contractor is responsible for protecting the sides of open excavations, to prevent collapse, and any settlement of adjacent structures. The method of earth support is the responsibility of the Contractor.

E. The Contractor shall perform all excavating in accordance with OSHA regulations, including sloping/shoring. Provide maximum safety to the workers employed during all site activities.

F. The Contractor shall provide necessary controls to ensure proper support to the excavation walls. If an engineered earth support system is used, the Contractor shall remove the earth support system after the excavation has been backfilled. The cost associated with the support systems shall be incidental to the project.

G. As part of the overall Health and Safety Plan, the Contractor shall continuously monitor air quality at the site perimeter, as necessary.

3.03 EXCAVATION AND REMOVAL

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A. The Contractor shall excavate the soils in to an anticipated depth of up to 15 feet bgs, as directed by the Professional, and as shown in the Contract Drawings. Based on the soil type, 1:1 slope of the excavation sidewalls is anticipated. However, the Contractor’s Competent Person shall ensure that the excavation sidewalls are properly sloped/benched and/or properly protected from cave-in accordance with OSHA and other applicable regulations. All excavations below water shall be backfilled immediately, in order to prevent cave-ins.

B. The Contractor shall excavate soils in horizontal layers for identification by Professional of contaminated soil to excavate and dispose. The Professional shall monitor the excavation visually, olfactorily, and by use of a monitoring instrumentation such as a photoionization detector (PID). This monitoring will be performed to determine the horizontal and vertical limits of excavation. Contractor shall assist the Professional in collecting soil samples as required by the Professional in making this determination.

C. The Contractor shall backfill all excavations, after all confirmatory samples have been collected by the Professional. Contractor shall assist the Professional in collecting verification soil samples as required by the Professional.

D. Monitoring wells that are within the limits of excavation shall be properly removed as directed by the Professional, during excavation and disposal activities. Monitoring wells with depths greater than the depth of excavation shall be properly abandoned utilizing bentonite or cement prior to starting excavation.

E. Any temporarily stockpiling of contaminated soils shall be placed on a plastic liner (30-mil minimum thickness). A one-foot berm shall be built on all sides, prior to placement of the liner. The liner shall have a minimum 3-foot wide soil-free perimeter around the stockpiles. The stockpile shall be completely covered, if left overnight, with plastic liner (6-mil minimum thickness) anchored securely to protect against wind and precipitation, as directed by the Professional. Stockpiles shall be sloped to minimize creeping or sloughing of the soils. Diking or other measures shall be used to prevent surface runoff from flowing onto the liners on which the soil is placed. Where several sheets of plastic are necessary to cover the stockpiles, the edges shall overlap a minimum of 2 feet. Once the stockpile has been covered, the soil-free perimeter of the liner shall be secured with concrete blocks. The Contractor, under the direction of the Professional, shall daily inspect the liners and covers for defects and damage. Should any tears, defects, or other damages be found, the Contractor shall replace or repair the damaged plastic sheets.

F. The Contractor is allowed to mix wet soils with dry contaminated soils prior to loading for transportation/disposal.

3.04 EXAMINATION, TESTING, AND ANALYSIS

A. Sampling and analysis of the soils of the excavated sidewalls and saturated bottom are the Professional’s responsibility. The Contractor shall aid the Professional in the collection of all necessary excavation samples.

B. Sampling and analysis necessary for waste characterization and proper disposal of the contaminated soils are the Contractor’s responsibility. Sampling locations, number, and

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specific procedures shall be as required by the disposal facility, and local, State, and Federal regulations. The cost associated with sampling and analysis shall be incidental to the project.

C. Sampling, characterization, transportation, and disposal of contaminated soils shall be in accordance with all Federal, State, and local solid, non-hazardous, and hazardous waste laws and regulations, including, but not limited to, the Resource Conservation and Recovery Act (RCRA), and other conditions specified herein.

D. Verification that the backfill material is uncontaminated is the responsibility of the Contractor. Backfill analytical testing shall be performed at no additional cost to the project. Testing shall be performed by an approved commercial testing laboratory or may be performed by the Contractor, if the Contractor is an approval commercial testing laboratory. The laboratory is subject to approval of the Professional.

3.05 BACKFILLING

A. Prior to backfilling the excavations; Professional will collect Verification of Soil Remediation (VSR) samples. Contractor shall assist the Professional as necessary in the collection of samples from the excavation floor and sidewalls, as directed by the Professional. Contractor shall not begin the backfilling operations until the Professional approval.

B. Engineering Fill

1. The Contractor shall ensure that the backfill material to be used is approved by the Professional. Backfill material gradation and compaction is the responsibility of the Contractor.

2. Backfilling shall not begin until contaminated soils are removed as approved by the Professional; and excavations are cleaned of trash and debris.

3. Satisfactory backfill materials shall be placed in horizontal layers not exceeding 12 inches in loose thickness of Class II sand. Each layer of backfill shall be compacted to not less than the 95 percent of the maximum dry density, as determined by ASTM D 1557 – Modified Proctor. The cost for the Modified Proctor testing is incidental to the cost of the project.

4. The Contractor shall be responsible for coordinating any inspections necessary with State and local agencies, where applicable.

5. Backfill shall be brought up to adjacent finished grade minus the depth of 6 inches for top soil placement.

3.06 DISPOSAL

The materials required to be removed and disposed of and all waste, excess, and unsatisfactory materials resulting from Work required under this Section shall be removed from the site, unless otherwise specified or directed. All disposal activities shall conform to local, State, and Federal regulatory requirements.

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3.07 PROJECT DOCUMENTATION

The Contractor shall submit to the Professional, within 14 days of completing Work, a copy of the following project documentation:

A. Copies of all analyses performed.

B. Appropriate certification of final disposal documentation signed by the responsible disposal facility official.

3.08 QUALITY CONTROL

The CONTRACTOR shall establish and maintain a quality control system for all operations performed under this Section, to assure compliance with contract requirements, and maintain records of its quality control for all operations performed, including, but not limited to, the following:

C. Observance of safety regulations

D. Quality of materials

E. Protection, maintenance, and repair

END OF SECTION

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SECTION 02370

SOIL EROSION AND SEDIMENTATION CONTROL

PART 1 GENERAL

1.01 WORK REQUIRED

A. The Contractor shall furnish, install, and maintain as long as necessary and remove when no longer required, all necessary engineering controls to prevent erosion and sedimentation of onsite soils as required by, and in accordance with Part 91 of P.A. 451 and local soil erosion and sedimentation control permit.

B. The Contractor shall be responsible for all application fees and obtaining a soil erosion and sedimentation control (SESC) permit from the City of Kalamazoo. The City of Kalamazoo SESC Permitting contact (269) 337-8026. Permit application attached.

C. The Contractor shall comply with all the requirements of Michigan’s Permit-By-Rule for Construction Activities (attached) for site sites with 1 to 5 acres of land disturbance. The requirements include, but not limited to, having SESC measures under the direct supervision and control of a certified storm water operator.

1.02 RELATED SECTIONS

Section 02315-Excavation and Fill

1.03 REFERENCES

The following reference is part of this specification to the extent referenced.

State of Michigan

Part 91 of P.A. 451 Soil Erosion and Sedimentation Control (formerly P.A. 347)

Section 208 MDOT-Standard Specifications for Construction, 2012 Edition

MDMB Soil Erosion and Sediment Control Guidebook, February 2005

1.04 SUBMITTALS

A. The submittals identified in this Section shall be submitted to the Professional in accordance with Section 01330-Submittal Procedures.

B. Prior to proceeding with site work, the Contractor shall submit to the Professional a Soil Erosion and Sedimentation Control Plan, including sequencing and schedule, for approval by the Professional. The Soil Erosion and Sedimentation Control Plan may be submitted as part of the Project Work Plan. The soil erosion and sedimentation control plan shall be in compliance with the Specifications and the provisions of Part 91 of PA 451. The cost of

Soil Erosion and Sedimentation Control Production Painting: Merchant’s Publishing 02370-1 June 2016

preparation is incidental to the project. The Plan shall include all the requirements of the State and local SESC permitting agency.

1. The Soil Erosion and Sedimentation Control Plan shall include, but not limited to, the following:

a. Means, methods, procedures, and materials proposed for accomplishment of soil erosion and sedimentation control. The procedures shall provide a detailed description of the methods, equipment, and materials to be used and the sequence and schedule of soil erosion and sedimentation control measures to be implemented at the site.

b. Schedule and sequence for removal of temporary and permanent soil erosion and sedimentation control measures.

2. The SESC plan shall be based on Part 91 of P.A. 451 and the cost of preparation is incidental to the project.

C. Copy of the Soil Erosion and Sedimentation Control Permit issued by the local enforcing agent. The cost of permit application is incidental to the project.

D. Copy of the certification issued by the State of Michigan – DEQ to the Contractor’s Certified Storm Water Operator for the site.

PART 2 PRODUCTS

2.01 GENERAL

Materials used for permanent and temporary erosion and sedimentation controls shall meet the requirements as described in these Specifications, Drawings, DTMB’s Soil Erosion and Sedimentation Control Guidebook dated February 2005, MDOT 2012 Standard Specifications for Construction, and Part 91 of P.A. 451 rules.

PART 3 EXECUTION

3.01 GENERAL

A. The Contractor is responsible for obtaining a Soil Erosion and Sedimentation Control permit prior to any site work.

B. The Contractor shall design and construct terrain features such as slope and drainage ways to minimize the erosion potential of the exposed site based on the soil type, time of year, proximity to water ways, duration of exposure, length and steepness of the slope, and the anticipated volume and intensity of runoff.

C. The Contractor shall minimize the surface area of unstabilized soils left unprotected and vulnerable to runoff and wind at any one time.

Soil Erosion and Sedimentation Control Production Painting: Merchant’s Publishing 02370-2 June 2016

D. The Contractor shall minimize the amount of time that unstabilized areas are exposed to erosive forces.

E. The Contractor shall protect and shield exposed soil areas with a cover of live vegetation, mulch, or other approved erosion resistant material during the temporary and permanent control periods of construction.

F. The Contractor shall avoid concentrating runoff. When concentrated runoff cannot be avoided, runoff velocities shall be reduced to non-erosive velocities.

G. Eroded sediments will be trapped onsite with temporary and permanent barriers, basins, or other sediment retention devices while allowing for the controlled discharge of runoff waters at non-erosive velocities.

H. The Contractor shall implement a continuous inspection and maintenance program.

I. The Contractor shall implement and follow the Soil Erosion and Sedimentation Control Implementation Plan during and after the work activities, comply with the permit, and applicable rules.

END OF SECTION

Soil Erosion and Sedimentation Control Production Painting: Merchant’s Publishing 02370-3 June 2016 SECTION 02950

SITE RESTORATION

PART 1 GENERAL

1.01 DESCRIPTION OF WORK

Compact the site surface and finish the grade as described in this section and the contract documents. All impacted areas by site activities, including pavements, roads, vegetation, monitoring wells, and all other disturbed or altered structures/features shall be restored to pre-work condition.

1.02 REFERENCES

A. Federal Interagency Stream Restoration Working Group, Stream Corridor Restoration Principles, Process, and Practices, GPO No. 0120-A, Rev. 2000

B. Michigan Department of Environmental Quality, Guidebook of Best Management Practices for Michigan Watersheds

C. U.S. Army Corps of Engineers (USACE), Hydraulic Design of Flood Control Channels (EM- 1110-2-1601), 1991

1.03 SUBMITTALS

A. The Contractor shall fully describe the means, procedures, and materials to be used to restore the site to its pre-existing condition in the Project Work Plan, in accordance with Section 01330-Submittal Procedures.

B. The Contractor shall provide the following restoration materials data to the Professional. The Professional must approve the materials before the materials are delivered to the site.

1. Fill Sand: grain size distribution and the source of fill materials that meets the Michigan Department of Transportation (MDOT) Class II requirements, including certification and/or laboratory data indicating that the material is non-contaminated.

2. Gravel: grain size distribution that certifies that the material meets MDOT Class 22A requirements, the source of material, and certification and/or laboratory data indicating that the material is non-contaminated.

3. Construction materials for monitoring wells, if necessary, to verify that monitoring wells are repaired and/or replaced to original construction and condition.

C. Weigh Scale:

2. All vehicles shall be weighed before and after loading at a state-certified weigh scale Site Restoration Production Painting: Merchant’s Publishing 02950-1 June 2016

facility, as directed by the Professional. Weighing shall be conducted to allow calculation of the loaded material weight to the satisfaction of the Professional.

3. Deliver written weigh scale receipts/delivery tickets to the Professional at the end of each day that material is shipped to the site and upon request.

D. Site Survey:

1. The Contractor shall procure the services of a Professional land surveyor registered in the State of Michigan to conduct the pre- and post-construction survey.

2. Submit the surveyor’s registration documents.

PART 2 PRODUCTS

2.01 MATERIALS

A. Clean Fill: Clean fill shall meet MDOT Class II gradation.

B. Aggregates: Aggregates used shall meet MDOT 22A graduation.

C. Top Soil: Contractor shall provide top soil sample to the Profession for visual inspection and approval prior to the transport to the site. Top soil shall be screened, free of stones, stumps, lumps and similar objects larger than 2-inches in diameter, and shall, at a minimum, meet the following requirements:

1. Must be screened.

2. Must be free of contaminants.

3. Must not be excessively acidic or excessively alkaline.

4. Must not contain natural underlying soils, subbase materials, or other unsuitable material.

5. Must consist of natural loam or sandy loam soils adapted to sustain plant life.

PART 3 EXECUTION

3.01 TIME OF RESTORATION

No restoration shall be performed in any area of the site until the Professional determines that site activities in that area are complete.

3.02 SURFACE GRADE

A. After excavation and backfilling activities have been completed, all disturbed surfaces shall be rough graded, prior to surface restoration, so as to leave no ruts, pits, piles, or ridges. If fill is required, the Contractor shall be responsible for settlement of fill over any fill areas and shall be required to repair any voids or holes that appear for a period of one year after final acceptance of work by the Professional, at the Contractor’s own expense. The cost for fill for Site Restoration Production Painting: Merchant’s Publishing 02950-2 June 2016

surface grading is incidental to the project. The top of the fill shall be 6 inches below the final grade to accommodate top soil.

B. The Contractor shall repair/place and compact 4-foot wide and minimum 6-inch thick MDOT 22A aggregate material for shoulder along the streets where removed or disturbed due to Work. The Contractor shall provide necessary MDOT 22A aggregate to complete a 6-inch thick gravel shoulder.

C. The Contractor shall place 6 inches of top soil throughout the site (other than the gravel shoulder), seed a sunny grass mix approved by the Professional, fertilize, and mulch. The top soils shall be screened and free of stones, stumps, lumps and similar objects larger than 2- inches in diameter, and shall be raked out. The Contractor shall apply starter type fertilizer at the rate recommended by the manufacturer. The Contractor shall be required to place top soil and seed, and provide any maintenance for a complete establishment of grass cover within one year of final acceptance, at Contractor’s own expense.

3.03 FINISH GRADE

A. Finish grade shall match the pre-work grade at all areas of the site. Grading shall be conducted as directed by the Owner/Professional.

B. All impacted area by site activities, including pavements, roads, vegetation, and all other disturbed or altered structures/features shall be restored to pre-work condition.

3.04 ROADWAY AND PARKING AREAS

The Contractor is required to repair, in-kind or better, any areas of the Contractor’s access roads, any parking areas, or other roadways/sidewalks/areas disturbed as a result of the Contractor’s work or access.

3.05 MONITORING WELLS

The Contractor is required to repair, to original condition, any monitoring wells damaged or removed outside the excavation as a result of the Contractor’s work, at no additional cost to the Owner.

3.06 SITE CLEANING AND DISPOSAL

See Section 01740-Cleaning

3.07 SURVEY

The Contractor shall employ a professional surveyor, registered in the State of Michigan, to survey the entire site, and provide base map and topographic contour maps for the pre- and post-construction ground surface with site features and boundary. The pre-construction map shall include the building outlines and building floor elevations. The elevations shall be referenced to a benchmark based on North American Vertical Datum of 1988 (NAVD88), and the coordinates shall be measured relative to the State Plane Coordinate System. The survey shall include the following:

A. The ground elevation and top of casing (TOC) elevation of the well head of all monitoring wells repaired and replaced shall be surveyed. The vertical coordinates will be measured to Site Restoration Production Painting: Merchant’s Publishing 02950-3 June 2016

the nearest 0.1 feet for ground elevations and 0.01 feet for TOC elevations. The vertical coordinates of pertinent site features and other points shall be measured to the nearest 0.1 feet prior to and after the completion of site work.

B. The horizontal coordinates of the wells, other points, and pertinent Site features, including structures, utilities, and roadways, shall be measured to the nearest 0.1 feet.

C. A detailed description of benchmarks and their datum, along with the source benchmark and datum used for the survey, including any conversion factor between datum’s, shall be noted on the survey submittals.

D. The base map shall be produced at a scale of 1”=80’ or as approved by the Professional. The base map with boundary survey and site features shall include, at a minimum, property lines including adjoining properties, easements and right-of-way lines, and site features extending a minimum of 100 feet beyond the property boundary lines. The site features include, but not limited to, buildings and other structures, roads, water bodies, underground and overhead utilities, paved and unpaved surfaces.

E. The pre-construction survey shall also include the survey and marking of the Floodway/100- Year Floodplain prior to the start of construction. The Floodway/100-Year Floodplain line markings at the project site shall be clearly visible and shall be maintained until permanent post-construction soil control measures are in place and SESC permit is closed.

F. The pre- and post-construction topographic contour maps shall be produced at a scale of 1”=40’. The topographic counter maps, in addition to the features presented in the base map, shall include spot elevations, and surface contours at a minimum of 0.1 foot interval. Spot elevations shall cover the entire survey limits showing building floor elevations, grade changes, high points and low points. The pre- and post- construction topographic contour maps shall clearly depict the decrease in the post-construction finish grade surface elevation as compared to the pre-construction surface elevation, as required in the contract documents.

G. The survey submittals shall be provided to the Professional as one electronic file in AutoCAD format with the accompanying base information (point number, northing, easting, elevation and description in a generally accepted format such Microsoft Excel) that matches the survey base drawing and topographic contour maps submitted in the certified paper copies.

H. The Contractor shall regrade the site surface at no cost to the Owner if the finish grade depicted in post-construction as-built topographic contour map does not meet the requirements of the specifications. The Contractor’s professional surveyor shall repeat the post-construction survey at no cost to the Owner after regarding the site and provide the survey data to the Professional.

END OF SECTION

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NO. REVISION BY DATE KALAMAZOO MICHIGAN DRAWN BJP SHEET 3 PRODUCTION PAINTING COMPANY CHK'D. SB 1002 O'NEIL STREET APPRV'D CGR OF 5 DATE MAY 2016 DRAWING NUMBER PROJECT NUMBER REMOVAL PLAN MICHIGAN DEPARTMENT OF ENVIRONMENT QUALITY LEGEND

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NO. REVISION BY DATE KALAMAZOO MICHIGAN DRAWN BJP SHEET 4 PRODUCTION PAINTING COMPANY CHK'D. SB 1002 O'NEIL STREET APPRV'D CGR OF 5 DATE MAY 2016 DRAWING NUMBER PROJECT NUMBER GRADING PLAN MICHIGAN DEPARTMENT OF ENVIRONMENT QUALITY CONSTRUCTION NOTES:

1. UTILITY CONTACT INFORMATION: NOTIFY UTILITY LOCATOR SERVICE "MISS DIG" (800) 482-7171 (OR "811") FOR THE AREA WHERE THE PROJECT IS LOCATED THREE DAYS BEFORE BEGINNING EARTH-MOVING OPERATIONS.

2. CONTRACTOR SHALL OBTAIN ALL PERMITS NECESSARY FOR THE PROPOSED WORK. TEMPORARY EARTH SUPPORT SHALL BE DESIGNED & IMPLEMENTED BY THE CONTRACTOR, IF DEEMED NECESSARY BY THE CONTRACTOR.

3. ALL SIGNS & COORDINATION FOR TRAFFIC DISRUPTION OR SHUT DOWN SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. CONTRACTOR SHALL OBTAIN ALL PERMITS NECESSARY FOR WORK IN THE ROAD RIGHTS-OF-WAY AS REQUIRED.

4. ALL DEMOLITION, EXCAVATION & BACKFILLING WORK SHALL BE COMPLETED WITHIN A 5-DAY PERIOD, MONDAY THROUGH FRIDAY. DAILY WORK SHALL BE PERFORMED BETWEEN 8:00 AM AND 5:00 PM.

5. PROTECT ALL STRUCTURES & UTILITIES DURING WORK. DAMAGE TO ANY STRUCTURES OR UTILITIES THAT ARE TO REMAIN SHALL BE REPAIRED AT THE CONTRACTOR'S EXPENSE.

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NO. REVISION BY DATE KALAMAZOO MICHIGAN DRAWN BJP SHEET 5 PRODUCTION PAINTING COMPANY CHK'D. SB 1002 O'NEIL STREET APPRV'D CGR OF 5 DATE MAY 2016 DRAWING NUMBER PROJECT NUMBER CONSTRUCTION NOTES MICHIGAN DEPARTMENT OF ENVIRONMENT QUALITY Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

APPENDIX I

GLOSSARY

01-1 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

GLOSSARY

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

AddendaWritten instruments that are used by the Owner and/or Professional to incorporate interpretations or clarifications, modifications and other information into the Bidding Documents. An Addendum issued after Bid opening to those Bidders who actually submitted a Bid, for the purpose of re-bidding the Work without re-advertising, is referred to as a post-Bid Addendum.

Agency- Any unit, section, division, department or other instrumentality of the State that benefits from the Work.

AlternateRefers to work specified in the Bidding Documents for which the Bidder must bid a Bid Price.

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

Archaeological FeatureAny prehistoric or historic deposit of archaeological value, as determined by a representative of a State agency that is duly authorized to evaluate such findings and render such judgments. An Archaeological Feature deposit may include, but is not limited to Indian habitations, ceremonial sites, abandoned settlements, treasure trove, artifacts or other objects with intrinsic archaeological value and that relate to the history and culture of the State of Michigan. The Archaeological Features are listed under Section 00800 Supplementary Conditions.

Authorized Technical DataInformation and data contained in a report of exploration and tests of subsurface conditions. Also, any physical data (dimension, location, conditions, etc.) contained in those Drawings of physical conditions of existing surface and subsurface facilities.

Best Value-The bids will be evaluated for best value based on price and qualitative components that may include but are not limited to technical design, technical approach, quality of proposed personnel, and management plans, per PA 430 of 2012.

BidWritten offer by a Bidder for the Work, as specified, which designates the Bidder’s Base Bid and Bid Prices for all Alternates. The term Bid includes a re-bid.

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

Bidding DocumentsThe proposed Contract Documents as advertised, and all Addenda issued before execution of the Contract.

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

Bid SecuritySecurity serving as a guarantee that the Bidder will conform to all conditions.

Bidding RequirementsThe Advertisement, Instructions to Bidders, Supplementary Instructions, Information for Bidders, Bid Form, Bid Form Attachments and qualification submittals, as advertised and as modified by Addenda, and any other Section included within Division 0 of the Bidding Documents for the purpose of governing bidding and award of the Contract.

BoardThe Administrative Board of the State of Michigan.

Bond Security furnished by the Contractor, as required by the Contract Documents.

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

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

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

Cash AllowanceAn Owner-specified sum included within the Contract Price to reimburse the Contractor for the actual purchase/furnished cost of materials and/or equipment or other designated items, as specifically provided in the Contract Documents. Although the scope (e.g., the required quantity) of any Work covered by a Cash Allowance is sufficiently detailed in the

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

Contract Documents for the purposes of bidding the required labor costs, Subcontract costs, construction equipment costs and general conditions costs and Fee, it is understood that the required materials, equipment or other designated items are of uncertain purchase cost at the time of Bid or are yet to be specified in more detail by the Professional as to quality, appearance, durability, finish and such other necessary features affecting purchase price.

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

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

Contract DocumentsWritten and graphic documents that form the legal agreement between the Owner and the Contractor, consisting of this document, completed Bid and Contract forms, terms and conditions of the contract, specifications, drawings, addenda, Notice of Award, Notice-to-Proceed and contract change orders.

Contract PriceThe total compensation, including authorized adjustments, payable by the Owner to the Contractor (subject to provisions for Unit Price Work).

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

ContractorBusiness enterprise with which the Owner has entered into the Contract.

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

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

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

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

Department (DTMB)Department of Technology, Management and Budget of the State of Michigan.

Director is the Director of the Department.

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

DivisionEach of the numbered, distinct parts (starting with Division 0) into which the Specifications are divided.

DrawingsPart of the Contract Documents showing the Work. Drawings must neither serve nor be used as Shop Drawings.

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

State Facilities Administration (SFA)-Entity in the Department responsible for design, construction, and operations and maintenance of facilities.

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

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

Invitation To Bid (ITB) -The solicitation document presenting the terms and conditions that will become part of the Contract when the Bid is accepted.

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

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

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

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

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

Notice-to-ProceedWritten notice issued by the Project Director directing the Contractor to commence the construction activities and establishing the start date of the Contract Time.

On-Site Inspection–The Professional’s on-site examination of the Contractor’s completed or in progress Work to determine and verify to the Project Director that the quantity and quality of all Work complies with the requirements of the Contract Documents.

OwnerThe State of Michigan, with whom the Contractor has entered into the Contract and for whom the Work is to be provided.

Owner Field RepresentativeA State employee or consultant, acting under the direction of the Project Director, providing on-site, periodic observation and documentation of the Work for compliance with the Contract Documents.

Partial UseUse by the Owner of a designated portion of the Work before accomplishing Substantial Completion of the entire Work. Partial Use does not mean Substantial Completion of the portion of the Work placed in use by the Owner.

PersonIndividuals, partnerships, corporations, receivers, trustees, joint ventures or any other legal entity and any combinations of any of them.

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

PostBid SubmittalA Qualification Submittal required of the Bidder selected under Section 00100 - 22 before Contract Award, and which is used by the Owner in the evaluation of the Bid of the selected Bidder.

Professional Services Contractor (PSC or Professional)The individual or business entity who has the authority to practice the design disciplines required by the Contract Documents. An Agency with appropriate licensing may replace the PSC in their role if a consultant is not used.

ProjectThe total construction, which includes the Work and possibly other work completed by others, as indicated in the Contract Documents.

Project Director-Designated State employee(s) (a) Responsible for directing and supervising the Professional’s services during the period allowed for completion of the Work; and/or (b) Acting as representative for the Owner and for the enforcement of the Contract Documents, approving payment to the Contractor and coordinating the activities of the State, Owner, Professional and Contractor.

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

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

Provisionary AllowanceAn amount included within the Contract Price to reimburse the Contractor for the cost to furnish and perform Work that is uncertain because, for example, it is indeterminate in scope and may not be shown or detailed in the Contract Documents.

Punch ListA list of minor items to be completed or corrected by the Contractor, any one of which do not materially impair the use of the Work for its intended purpose.

Qualified Disabled Veteran (QDV)-QDV as defined by Public Act 22 of 2010, MCL 18.1241.3 and supported by a DD214 Proof of Service and Discharge, a Veterans Administration rating decision letter, proof of disability (if the disability is not indicated on the DD214), and appropriate legal documents setting forth the 51% natural persons QDV ownership. Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

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

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

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

Request for PaymentThe form provided by the Owner (Payment Request DTMB-0440) to be used by the Contractor in requesting payment for Work completed, which must enclose all supporting information required by the Contract Documents.

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

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

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

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

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

SubcontractorA Person having an agreement with the Contractor to provide labor at the site and furnishing materials and/or equipment for incorporation into the Work.

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

Substantial CompletionThe Work, or a portion of the Work designated in the Contract Documents as eligible for separate Substantial Completion, has been completed in accordance with the Contract Documents as determined by the PSC, to the extent that the Owner can use or occupy the entire Work, or the designated portion of the Work, for the use intended without any outstanding, concurrent Work at the site, except as may be required to complete or correct Punch List items.

SupplierA manufacturer or fabricator, or a distributor, material man or vendor representing a manufacturer or fabricator, who has an agreement with the Contractor to furnish materials and/or equipment.

Underground UtilitiesPipelines, piping, conduit, duct, cables, wells, tanks, tunnels and appurtenances, or other similar facilities, installed underground to convey or support conveyance of potable water, sprinkler or irrigation water, fire protection systems, electricity, gases, steam, petroleum products, sewerage and drainage removal, telephone, communications, cable TV, traffic or control systems.

Unit Price WorkWork involving specified quantities (i.e., related Work quantities) which when performed is measured by the Professional and paid using the measured quantities and unit prices contained in the Contract Documents. Performance of Unit Price Work for undefined quantities is contingent upon conditions encountered at the site, as determined and authorized by the Professional.

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

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

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

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

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

APPENDIX II

SPECIAL WORKING CONDITIONS

The Work is not conducted at State owned property. Contractor does not require access to any State owned facilities

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

APPENDIX III

SPECIAL PROJECT PROCEDURES Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

SOIL EROSION AND SEDIMENTATION CONTROL PROJECT PROCEDURES FOR CONTRACTORS ON DTMB OWNED AND MANAGED PROPERTIES

1. Comply with Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended. 2. Contact the DTMB, SFA, Design and Construction Division to discuss the implementation of soil erosion and sedimentation control (SESC) on the Project. Phone (517) 284-7911; FAX (517) 284-7971. 3. Following the award of a contract, the Contractor will be required to prepare and issue for approval an SESC Implementation Plan, which indicates the Contractor’s intended implementation of SESC on the project including a schedule and sequence. The Environmental Health and Safety Section, upon approval of the implementation plan, will issue to the Contractor an “Authorization to Proceed with Earth Change” document, which is to be posted at the job site. This document is issued in lieu of a permit from the county. Earthwork shall not begin prior to the issuance of this Authorization. Upon receipt of the Authorization document, the Contractor may begin earth change activities. 4. See below the “Checklist for Contractor’s SESC Implementation Plan” for details of the required information necessary for the Contractor to create the SESC Implementation Plan. The intent of this plan is to ensure that the Contractor has reviewed and understands the SESC provisions within the plans and specifications. 5. CHECKLIST FOR CONTRACTOR’S SOIL EROSION AND SEDIMENTATION CONTROL IMPLEMENTATION PLAN (For projects that include earth changes or disturb existing vegetation):

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET STATE FACILITIES ADMINISTRATION, DESIGN AND CONSTRUCTION DIVISION SOIL EROSION AND SEDIMENTATION CONTROL PROGRAM P.O. Box 30026, Lansing, Michigan 48909

PROJECT TITLE: PROJECT LOCATION: PROJECT FILE NUMBER: INDEX NUMBER:

Prior to the start of earthwork, the Contractor must submit a Soil Erosion and Sedimentation Control (SESC) Implementation Plan to the Michigan Department of Technology, Management and Budget, Soil Erosion and Sedimentation Control Program. The intent of this plan is to ensure that the Contractor has reviewed and understands the SESC provisions within the plans and specifications. The following checklist will provide Contractors with assistance in creating the SESC Implementation Plan.

The SESC Implementation Plan must include:

1. A written plan or letter demonstrating:

The Contractor’s means and methods for the implementation of SESC provisions included within the plans and specifications and compliance with the provisions of Part 91 of PA 451 of 1994, as amended. The Contractor’s plan for dust control. The Contractor’s plan for inspection and maintenance of temporary SESCs.

2. A map, location plan, drawing, or amended copy of the Project SESC or grading plan showing:

The locations of any stockpiles of soil associated with the Project The temporary SESC controls associated with stockpiles of soil The Contractor’s suggested or proposed additions or relocations of any temporary or permanent SESCs. associated with the Project plans and specifications (subject to approval by Engineer and DTMB) Location of site entrances, exits and vehicle routes Location of site superintendent’s/project manager’s site trailer or office (for SESC Inspector check-in)

3. A schedule for the installation and removal of temporary controls and the installation of permanent soil erosion and sedimentation controls in relation to the overall construction schedule.

Submit the above items to the above address.

Upon approval of the Contractor’s plan, an “Authorization to Proceed with Earth Change” will be issued by DTMB, Design and Construction Division.

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

DEMOLITION/REMODELING PROJECT PROCEDURES

Furnish all equipment, materials, labor and services necessary to complete all building demolition required in connection with the existing building, in order to permit the installation of new Work. The goal of the Owner is to generate the least amount of waste or debris possible. However, inevitable waste and debris that are generated shall be reused, salvaged, or recycled, and disposal in landfills shall be minimized to the extent economically feasible. The Contractor will be required to prepare waste management plan for the collection, handling, storage, transportation and disposal of the waste generated at the construction site for the Owner’s review and approval. The Contractor will be required to produce waste management progress reports.

1. Locations: Notations are made in various places on the Drawings to call attention to building demolition which is required; however, these Drawings are not intended to show each and every item to be removed. The Contractor and the Subcontractors for the various trades must remove the materials related to their respective trades as required to permit the construction of the new Work as shown.

2. Permits: The Contractor must secure from the appropriate agencies all required permits necessary for proper execution of the work before starting work on the project site. All fees for securing the permits must be paid by the Contractor, including all inspection costs which may be legally assessed by the Bureau of Construction Codes in accordance with the authority granted under the Public Act 1980 PA 371, as amended.

3. Enclosures: Where it is necessary to make alterations to walls, floors or roof of the existing building, the Contractor must provide and maintain dustproof partitions to separate the parts where Work is being done from the adjoining parts occupied by the State Agency. Where any parts are opened and exposed to the elements, the Contractor must provide weather tight enclosures to fully protect the structure and its contents.

4. Waste Management Plan: The management plan must address waste source identification and separation, returns, reuse and salvage, recycling, landfill options, alternatives to landfilling, materials handling procedures and transportation.

5. Preparation: Protect all existing Work that is to remain and restore in an approved manner any such Work that becomes damaged.

5.1 Rubbish and debris resulting from the Work must be removed immediately from the site by the Contractor. However, any recyclable materials must be recycled; the Contractor will be required to use alternatives to landfills for waste disposal such as reuse or recycle of asphalt, bricks, concrete, masonry, plastics, paint, glass, carpet, metals, wood, drywall, insulation and any other waste materials to the extent practical.

5.2 Unless otherwise specified, the Agency will remove existing furniture, drapery tracks, draperies, window blinds, and other equipment items, which might interfere with the new construction.

6. Coordination: Demolition work, in connection with any new unit of Work, must not be commenced until all new materials required for completion of that new item of Work are at hand.

7. Waste Management Plan Progress Reports: Submit an updated report with the payment requests. The progress reports shall include: a. The amount of waste sent to a landfill, tipping fees paid and the total disposal cost. Include supporting documents such as manifests, weight tickets, receipts and/or invoices. b. Records for each material recycled/reused/salvaged from the project including the amount, date removed from the job site, final destination, transportation cost, recycled materials and the net cost/ savings. c. Breakdown of waste by type generated to date. d. Recycling/salvage/landfill rates. e. Percent of waste recycled/salvaged to date. Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

HAZARDOUS MATERIALS PROJECT PROCEDURES

1. The Contractor must use, handle, store, dispose of, process, transport and transfer any material considered a Hazardous Material in accordance with all Federal, State and local Laws. If the Contractor encounters material reasonably believed to be a Hazardous Material and which may present a substantial danger, the Contractor must immediately stop all affected work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions.

2. This project has been identified by the DTMB-SFA as having a possibility of containing Hazardous Waste materials to be legally removed from the Project job site in order to complete the Work as described in the Proposal And Contract. If removal of friable asbestos material is required, the Contractor must contact the Air Quality Division, Department of Environmental Quality, at (5l7) 284-6773, for a permit and furnish all training, labor, materials, services, insurance, and equipment necessary to carry out the removal operations of all Hazardous Materials from the Project job site, as identified by the Scope of Work, or encountered on the Project job site, in accordance with State and Federal Hazardous Waste Codes. A Contract Change Order will be written to modify the existing Contract to pay for the additional cost.

3. Environmental Hazards (air, water, land and liquid industrial) are handled by the Waste and Hazardous Materials Division, Michigan Department of Environmental Quality (DEQ) in carrying out the requirements of the Federal Environmental Protection Agency (EPA). For general information and/or a copy of the latest regulations and publications call (517) 335- 2690.

4. The Michigan Occupational Safety and Health Administration (MIOSHA) provides protection and regulations for the safety and health of workers. The Department of Licensing and Regulatory Affairs provides for the safety of workers. The Department of Community Health provides for the health of workers (517/373-3740) (TDD 517/373-3573).

4.1 Contractor must post any applicable State and/or Federal government regulations at the job site in a prominent location.

4.2 Contractor must be responsible for training their workers in safe work practices and in proper removal methods when coming in contact with hazardous chemicals.

5. Applicable Regulations:

5.1 Natural Resources and Environmental Protection Act – PA 451 of 1994, as amended, including Part 111 – Hazardous Waste Management, Part 121 – Liquid Industrial Waste and Part 147 – PCB compounds.

5.2 RCRA, 1976 - Resource Conservation and Recovery Act: This federal statute regulates generation, transportation, treatment, storage or disposal of hazardous wastes nationally.

5.3 TSCA, 1979 – Toxic Substances Control Act: This statute regulates the generation, transportation, storage and disposal of industrial chemicals such as PCBs.

6. Definitions: Hazardous substances are ignitable, corrosive, reactive, and/or toxic, based on their chemical characteristics.

6.1 Under Federal and Michigan Law, a Small Quantity Generator of hazardous waste provides from 220 to less than 2,000 lbs./month or never accumulates 2,200 lbs. or more.

6.2 A Generator size provider of hazardous waste provides 2,200 lbs. or more/month or accumulates above 2,200 lbs.

7. Disposals: To use an off-site hazardous waste disposal facility, the Contractor must use the Uniform Hazardous Waste Manifest (shipping paper). Small quantities of hazardous waste may not be disposed of in sanitary landfills used for solid waste.

8. Federal, State and local Laws and regulations may apply to the storage, handling and disposal of Hazardous Materials and wastes at each State Agency. Contact the Environmental Assistance Center of the Michigan Department of Environmental Quality (MDEQ) at 1-800-662-9278, Fax to: 517-241-0673 or e-mail to: DEQ-EAD-env- [email protected] for general MDEQ information including direct and referral assistance on air, water and wetlands permits; contaminated site clean-ups; underground storage tank removals and remediation; hazardous and solid waste disposal; pollution prevention and recycling; and compliance-related assistance. The Center provides businesses, municipalities, and the general public with a single point of access to MDEQ's environmental programs.

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

ASBESTOS ABATEMENT PROJECT PROCEDURES

Should this Work require the renovation or demolition of a building or structure initially constructed on or prior to 1980, the Contractor will use the attached copy of a Comprehensive Asbestos Building Survey for those portions of the building or structure being impacted and must plan his or her work to minimize disturbance of any known or assumed asbestos containing materials (ACM). In addition, if this building or structure was constructed on or prior to 1980, the Contractor’s On-Site Superintendent and all Subcontractor On-Site Superintendents for trades that could potentially disturb known or assumed ACM, must, as a minimum, have and provide documentation of current Asbestos Awareness Training.

If the Comprehensive Asbestos Building Survey identifies known or assumed ACM that will potentially be disturbed as a part of the Contractor’s renovation or demolition activities, the Contractor must remove, transport and dispose of these materials at no additional cost to the Owner and prior to any other work taking place within the immediate vicinity of said material. If required, the Contractor must provide the Owner a minimum of 10 working day notification prior to the start of any asbestos abatement activities with abatement in occupied buildings being completed even if they will be conducted during off hours (nights, weekends and state holidays).

If the Contractor encounters a suspected ACM that was not previously identified within the Comprehensive Asbestos Building Survey, the Contractor must immediately stop all affected work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions. If, after providing Owner notification, the Contractor is directed to sample and/or remove the suspected ACM in question, a Contract Change Order will be written to modify the existing Contract to pay for the additional cost. Any abatement shall be completed in accordance with the requirements of this Section.

If removal of ACM is required, removal must be completed by a contractor currently licensed to remove asbestos by the State of Michigan, Department of Licensing and Regulatory Affairs (DLARA) Asbestos Program and abatement must be performed in accordance with all Federal, State and local Laws and Regulations. Prior to commencing any asbestos abatement activities, the licensed abatement contractor must submit, as required by Federal, State and Local Laws and Regulations, a “Notification of Intent to Renovate/Demolish” to both the State of Michigan, Department of Environmental Quality (DEQ), Air Quality Division and to the DLARA, Asbestos Program, to comply with National Emission Standards for Hazardous Air Pollutants (NESHAP), and the Clean Air Act (CAA). All regulated ACM must be disposed of at an approved Type II (general refuse) landfill and must be in leak-tight wrapping or containers. ACM that is non friable and is not in poor condition or will not become regulated ACM at any time can be disposed of in a Type III (construction debris) landfill.

At the completion of each abatement activity, the Contractor must perform clearance testing in accordance with National Institute for Occupational Safety and Health (NIOSH) 582 “Sampling and Evaluating Airborne Asbestos Dust”. All air samples shall indicate concentrations of less than 0.01 fibers/cc for clearance to be met. Clearance testing shall be performed by a third party Asbestos Consultant. The Asbestos Consultant selected by the Contractor shall be experienced and knowledgeable about the methods for asbestos air sampling and be able to select representative numbers and locations of samples. It is mandatory that the Asbestos Consultant’s on-site hygienist performing sampling and analysis have certification that he/she has passed a NIOSH 582 or equivalent course.

The NESHAP asbestos regulations, notification form, guidelines and fact sheets are available on DEQ’s web site www.michigan.gov/deq under heading Air; then click on Asbestos NESHAP Program. For guidelines on submitting notifications pursuant to the Asbestos Contractors Licensing Act, contact the DLARA, Occupational Health Division, Asbestos Program at (517) 322-1320 or visit DLARA’s web site www.michigan.gov/asbestos. Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

LEAD ABATEMENT PROJECT PROCEDURES

Should this Work require the renovation or demolition of a building or structure, the workers are assumed to be exposed to lead or materials containing lead above acceptable levels until proven otherwise through personal air sampling and analysis. The Contractor shall take all steps necessary to assure that his/her employees, are not exposed to lead at concentrations greater than the Permissible Exposure Limit as per the State of Michigan Department of Licensing and Regulatory Affairs Occupational Health Standards Part 603 “Lead Exposure in Construction”. In addition, the Contractor shall convey this same requirement to all subcontractors that may be under his/her control.

The employer shall comply with the Michigan Lead Abatement Act, as amended, and the Lead Hazard Control rules and must communicate information concerning lead hazards according to the requirements of Michigan Occupational Safety and Health Administration (MIOSHA) Part 603 and the Occupational Safety and Health Administration’s (OSHA's) Hazard Communication Standard for the construction industry, 29 CFR 1926.59, including but not limited to safety equipment (e.g. personal fit-tested and approved respirators and protective clothing), worker rotation (on a short-cycle and regular basis), working practices (e.g. sanding, cutting, grinding, abraded, burning and heat-gun stripping of lead based paint are not allowed), the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training. Employers shall comply with the requirements of 29 CFR 1926.62(l) - Employee Information and Training.

If lead or materials containing lead will be disturbed as a part of the work to be performed, the Contractor must remove, transport and dispose of these materials at no additional cost to the Owner and prior to any other work taking place within the immediate vicinity of said material. The Contractor must provide the Owner a minimum 10 working day notification prior to the start of any lead abatement activities with abatement in occupied buildings being completed even if they will be conducted during off hours (nights, weekends and state holidays). Abatement is defined as an activity specifically designed to permanently remove lead paint, lead-contaminated dust or other lead containing materials, the installation of a permanent enclosure or encapsulation of lead paint or other lead containing materials, the replacement of lead-painted surfaces or fixtures, the removal or covering of lead-contaminated soil, and any preparation, cleanup, disposal and post-abatement clearance testing associated with these activities. Renovation, remodeling, landscaping, or other activity, that is not designed to permanently eliminate lead paint hazards, but is instead designed to repair, restore, or remodel a structure, or housing unit even though the activity may incidentally result in a reduction or elimination of a lead paint hazard is not considered abatement.

If abatement of lead or materials containing lead is required, abatement must be completed by a currently certified Lead Abatement Contractor as certified by the State of Michigan, Department of Community Health. In addition, the Lead Abatement Contractor’s workers and supervisors must also be currently certified by the State of Michigan, Department of Community Health. Lead abatement including clearance testing shall be performed in accordance with the State of Michigan, Lead Abatement Act, Part 54A Lead Abatement and with all other Federal, State and local Laws and Regulations that may apply. Prior to commencing any lead abatement activities, the abatement must be designed by a currently certified Lead Professional Project Designer. At the completion of abatement, the abated area shall meet clearance requirements with clearance testing to be performed by a Clearance Technicians currently certified by the State of Michigan Department of Community Health.

For additional information about certifications, guidance and regulations for lead hazard control activities, visit www.michigan.gov/leadsafe. Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

APPENDIX IV

REQUIRED PROJECT SIGN FOR PROJECTS COSTING IN EXCESS OF $500,000 Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

PROJECT SIGNS – PROJECTS IN EXCESS OF $500,000

Five examples of project signs. Sign lettering corresponds with the funding arrangement of the project. Alternate signs may be considered; please contact the DTMB Project Director.

Bidding and Contract Document (R 6/16) Project Name: Production Painting File No. 761/14012.BDH

APPENDIX V

PREVAILING WAGE RATES

STATE OF MICHIGAN Wage and Hour Division PO Box 30476 Lansing, MI 48909 517-284-7800 Informational Sheet: Prevailing Wages on State Projects

REQUIREMENTS OF THE PREVAILING WAGES ON STATE PROJECTS ACT, PUBLIC ACT 166 OF 1965 The State of Michigan determines prevailing rates pursuant to the Prevailing Wages on State Projects Act, Public Act 166 of 1965, as amended. The purpose of establishing prevailing rates is to provide minimum rates of pay that must be paid to workers on construction projects for which the state or a school district is the contracting agent and which is financed or financially supported by the state. By law, prevailing rates are compiled from the rates contained in collectively bargained agreements which cover the locations of the state projects. The official prevailing rate schedule provides an hourly rate which includes wage and fringe benefit totals for designated construction mechanic classifications. The overtime rates also include wage and fringe benefit totals. Please pay special attention to the overtime and premium pay requirements. Prevailing wage is satisfied when wages plus fringe benefits paid to a worker are equal to or greater than the required rate. State of Michigan responsibilities under the law: • The department establishes the prevailing rate for each classification of construction mechanic requested by a contracting agent prior to contracts being let out for bid on a state project. Contracting agent responsibilities under the law: • If a contract is not awarded or construction does not start within 90 days of the date of the issuance of rates, a re- determination of rates must be requested by the contracting agent. • Rates for classifications needed but not provided on the Prevailing Rate Schedule, must be obtained prior to contracts being let out for bid on a state project. • The contracting agent, by written notice to the contractor and the sureties of the contractor known to the contracting agent, may terminate the contractor's right to proceed with that part of the contract, for which less than the prevailing rates have been or will be paid, and may proceed to complete the contract by separate agreement with another contractor or otherwise, and the original contractor and his sureties shall be liable to the contracting agent for any excess costs occasioned thereby. Contractor responsibilities under the law: • Every contractor and subcontractor shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing rates prescribed in a contract. • Every contractor and subcontractor shall keep an accurate record showing the name and occupation of and the actual wages and benefits paid to each construction mechanic employed by him in connection including certified payroll, as used in the industry, with said contract. This record shall be available for reasonable inspection by the contracting agent or the department. • Each contractor or subcontractor is separately liable for the payment of the prevailing rate to its employees. • The prime contractor is responsible for advising all subcontractors of the requirement to pay the prevailing rate prior to commencement of work. • The prime contractor is secondarily liable for payment of prevailing rates that are not paid by a subcontractor. • A construction mechanic shall only be paid the apprentice rate if registered with the United States Department of Labor, Bureau of Apprenticeship and Training and the rate is included in the contract. Enforcement: A person who has information of an alleged prevailing wage violation on a state project may file a complaint with the State of Michigan. The department will investigate and attempt to resolve the complaint informally. During the course of an investigation, if the requested records and posting certification are not made available in compliance with Section 5 of Act 166, the investigation will be concluded and a referral to the Office of Attorney General for civil action will be made. The Office of Attorney General will pursue costs and fees associated with a lawsuit if filing is necessary to obtain records.

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STATE OF MICHIGAN Wage and Hour Division PO Box 30476 Lansing, MI 48909 517-284-7800 Informational Sheet: Prevailing Wages on State Projects

General Information Regarding Fringe Benefits

Certain fringe benefits may be credited toward the payment of the Prevailing Wage Rate: o If a fringe benefit is paid directly to a construction mechanic o If a fringe benefit contribution or payment is made on behalf of a construction mechanic o If a fringe benefit, which may be provided to a construction mechanic, is pursuant to a written contract or policy o If a fringe benefit is paid into a fund, for a construction mechanic When a fringe benefit is not paid by an hourly rate, the hourly credit will be calculated based on the annual value of the fringe benefit divided by 2080 hours per year (52 weeks @ 40 hours per week). The following is an example of the types of fringe benefits allowed and how an hourly credit is calculated:

Vacation 40 hours X $14.00 per hour = $560/2080 = $.27 Dental insurance $31.07 monthly premium X 12 mos. = $372.84 /2080 = $.18 Vision insurance $5.38 monthly premium X 12 mos. = $64.56/2080 = $.03 Health insurance $230.00 monthly premium X 12 mos. = $2,760.00/2080 = $1.33 Life insurance $27.04 monthly premium X 12 mos. = $324.48/2080 = $.16 Tuition $500.00 annual cost/2080 = $.24 Bonus 4 quarterly bonus/year x $250 = $1000.00/2080 = $.48 401k Employer Contribution $2000.00 total annual contribution/2080 = $.96

Total Hourly Credit $3.65

Other examples of the types of fringe benefits allowed:  Sick pay  Holiday pay  Accidental Death & Dismemberment insurance premiums The following are examples of items that will not be credited toward the payment of the Prevailing Wage Rate o Legally required payments, such as:  Unemployment Insurance payments  Workers’ Compensation Insurance payments  FICA (Social Security contributions, Medicare contributions) o Reimbursable expenses, such as:  Clothing allowance or reimbursement  Uniform allowance or reimbursement  Gas allowance or reimbursement  Travel time or payment  Meals or lodging allowance or reimbursement  Per diem allowance or payment o Other payments to or on behalf of a construction mechanic that are not wages or fringe benefits, such as:  Industry advancement funds  Financial or material loans

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State of Michigan

OVERTIME PROVISIONS for MICHIGAN PREVAILING WAGE RATE COMMERCIAL SCHEDULE

1. Overtime is represented as a nine character code. Each character represents a certain period of time after the first 8 hours Monday thru Friday.

Monday thru Friday Saturday Sunday & Holidays Four 10s

First 8 Hours 4

9th Hour 1 5 8 9 10th Hour 2 6 Over 10 hours 3 7 Overtime for Monday thru Friday after 8 hours: the 1st character is for time worked in the 9th hour (8.1 - 9 hours) the 2nd character is for time worked in the 10th hour (9.1 - 10 hours) the 3rd character is for time worked beyond the 10th hour (10.1 and beyond)

Overtime on Saturday: the 4th character is for time worked in the first 8 hours on Saturday (0 - 8 hours) the 5th character is for time worked in the 9th hour on Saturday (8.1 - 9 hours) the 6th character is for time worked in the 10th hour (9.1 - 10 hours) the 7th character is for time worked beyond the 10th hour (10.01 and beyond)

Overtime on Sundays & Holidays The 8th character is for time worked on Sunday or on a holiday

Four Ten Hour Days The 9th character indicates if an optional 4-day 10-hour per day workweek can be worked between Monday and Friday without paying overtime after 8 hours worked, unless otherwise noted in the rate schedule. To utilize a 4 ten workweek, notice is required from the employer to employee prior to the start of work on the project.

2. Overtime Indicators Used in the Overtime Provision: H - means TIME AND ONE-HALF due X - means TIME AND ONE-HALF due after 40 HOURS worked D - means DOUBLE PAY due Y - means YES an optional 4-day 10-hour per day workweek can be worked without paying overtime after 8 hours worked N - means NO an optional 4-day 10-hour per day workweek can not be worked without paying overtime after 8 hours worked

3. EXAMPLES: HHHHHHHDN - This example shows that the 1½ rate must be used for time worked after 8 hours Monday thru Friday (characters 1 - 3); for all hours worked on Saturday, 1½ rate is due (characters 4 - 7). Work done on Sundays or holidays must be paid double time (character 8). The N (character 9) indicates that 4 ten-hour days is not an acceptable workweek at regular pay.

XXXHHHHDY - This example shows that the 1½ rate must be used for time worked after 40 hours are worked Monday thru Friday (characters 1-3); for hours worked on Saturday, 1½ rate is due (characters 4 – 7). Work done on Sundays or holidays must be paid double time (character 8). The Y (character 9) indicates that 4 ten-hour days is an acceptable alternative workweek.

LARA is an equal opportunity employer. Auxiliary aids, services and other reasonable accommodations are available, upon request, to individuals with disabilities. Wage and Hour Division P.O. BOX 30476 • LANSING, MICHIGAN 48909 www.michigan.gov/wagehour • Phone : (517) 284-7800

ENGINEERS - CLASSES OF EQUIPMENT LIST

UNDERGROUND ENGINEERS HAZARDOUS WASTE ABATEMENT ENGINEERS

CLASS I CLASS I Backfiller Tamper, Backhoe, Batch Plant Operator, Clam-Shell, Concrete Backhoe, Batch Plant Operator, Clamshell, Concrete Breaker when Paver (2 drums or larger), Conveyor Loader (Euclid type), Crane attached to hoe, Concrete Cleaning Decontamination Machine (crawler, truck type or pile driving), Dozer, Dragline, Elevating Grader, Operator, Concrete Pump, Concrete Paver, Crusher, Dozer, End Loader, Gradall (and similar type machine), Grader, Power Shovel, Elevating Grader, Endloader, Farm Tractor (90 h.p. and higher), Roller (asphalt), Scraper (self propelled or tractor drawn), Side Broom Gradall, Grader, Heavy Equipment Robotics Operator, Hydro Tractor (type D-4 or larger), Slope Paver, Trencher (over 8’ digging Excavator, Loader, Pug Mill, Pumpcrete Machines, Pump Trucks, capacity), Well Drilling Rig, Mechanic, Slip Form Paver, Hydro Excavator. Roller, Scraper (self-propelled or tractor drawn), Side Boom Tractor, Slip Form Paver, Slope Paver, Trencher, Ultra High Pressure Waterjet Cutting Tool System Operator, Vactors, Vacuum Blasting CLASS II Machine Operator, Vertical Lifting Hoist, Vibrating Compaction Boom Truck (power swing type boom), Crusher, Hoist, Pump (1 or more Equipment (self-propelled), and Well Drilling Rig. 6" discharge or larger gas or diesel powered by generator of 300 amps or more, inclusive of generator), Side Boom Tractor (smaller than type D-4 CLASS II or equivalent), Tractor (pneu-tired, other than backhoe or front end Air Compressor, Concrete Breaker when not attached to hoe, loader), Trencher (8’ digging capacity and smaller), Vac Truck. Elevator, End Dumps, Equipment Decontamination Operator, Farm Tractor (less than 90 h.p.), Forklift, Generator, Heater, Mulcher, CLASS III Pigs (Portable Reagent Storage Tanks), Power Screens, Pumps Air Compressors (600 cfm or larger), Air Compressors (2 or more less (water), Stationary Compressed Air Plant, Sweeper, Water Wagon than 600 cfm), Boom Truck (non-swinging, non-powered type boom), and Welding Machine. Concrete Breaker (self-propelled or truck mounted, includes compressor), Concrete Paver (1 drum, ½ yard or larger), Elevator (other than passenger), Maintenance Man, Mechanic Helper, Pump (2 or more 4" up to 6" discharge, gas or diesel powered, excluding submersible pump), Pumpcrete Machine (and similar equipment), Wagon Drill Machine, Welding Machine or Generator (2 or more 300 amp or larger, gas or diesel powered).

CLASS IV Boiler, Concrete Saw (40HP or over), Curing Machine (self-propelled), Farm Tractor (w/attachment), Finishing Machine (concrete), Firemen, Hydraulic Pipe Pushing Machine, Mulching Equipment, Oiler (2 or more up to 4", exclude submersible), Pumps (2 or more up to 4" discharge if used 3 hrs or more a day-gas or diesel powered, excluding submersible pumps), Roller (other than asphalt), Stump Remover, Vibrating Compaction Equipment (6’ wide or over), Trencher (service) Sweeper (Wayne type and similar equipment), Water Wagon, Extend-a-Boom Forklift.

State of Michigan [email protected] Official Request #: 753 Requestor: MDEQ Project Description: Contaminated Soil Excavation & Disposal- Production Painting Company site Project Number: 761/14012.BDH Kalamazoo County Official 2016 Prevailing Wage Rates for State Funded Projects Issue Date: 6/13/2016 Contract must be awarded by: 9/11/2016 Page 1 of 31 Classification Last Straight Time and a Double Overtime Name Description Updated Hourly Half Time Provision ======Asbestos & Lead Abatement Laborer Asbestos & Lead Abatement Laborer MLDC 10/30/2015 $40.75 $54.34 $67.93 H H H X X X X D Y 4 ten hour days @ straight time allowed Monday-Saturday, must be consecutive

Asbestos & Lead Abatement, Hazardous Material Handler Asbestos and Lead Abatement, Hazardous AS207 10/30/2015 $40.75 $54.25 $67.75 H H H X X X X D Y Material Handler

4 ten hour days @ straight time allowed Monday-Saturday, must be consecutive

Boilermaker Boilermaker BO169 2/17/2015 $54.70 $81.08 $107.45 H H H H H H H D Y

Apprentice Rates: 1st 6 months $40.31 $59.49 $78.67 2nd 6 months $41.45 $61.21 $80.95 3rd 6 months $42.57 $62.88 $83.19 4th 6 months $43.69 $64.57 $85.43 5th 6 months $44.81 $66.24 $87.67 6th 6 months $48.63 $72.50 $96.36 7th 6 months $49.32 $73.01 $96.69 8th 6 months $51.58 $76.40 $101.21

Stone, Artificial and Marble Masonry, and BR9-17-S 5/8/2015 $43.27 $56.71 $70.15 H H H H H H H D Y Pointer, Cleaner, Caulker Four 10s allowed M-F

Apprentice Rates: 0-749 hours $33.86 $42.59 $51.33 750-1499 hours $35.21 $44.62 $54.03 1500-2249 hours $36.55 $46.63 $56.71 2250-2999 hours $37.89 $48.64 $59.39 3000-3749 hours $39.24 $50.67 $62.09 3750-4499 hours $40.58 $52.67 $64.77

Carpenter CA-525 10/14/2015 $39.35 $49.86 $60.36 X X H H H H H D N Make up day allowed comment Saturday Apprentice Rates: 1st year $30.95 $37.26 $43.56 2nd year $33.05 $40.40 $47.76 3rd year $35.15 $43.56 $51.96 4th year $36.20 $45.13 $54.06

Cement Mason Cement Mason - Four 10s allowed M-F BR9-17-CM 3/18/2015 $41.07 $53.27 $65.46 X X H X X X H D Y

Apprentice Rates: 0 - 749 hours $32.53 $40.46 $48.38 750 - 1,499 hours $33.75 $42.28 $50.82 1,500 - 2,249 hours $34.97 $44.12 $53.26 2,250 - 2,999 hours $36.19 $45.94 $55.70 3,000 - 3,749 hours $37.41 $47.78 $58.14 3,750 - 4,499 hours $38.63 $49.60 $60.58

Four 10s allowed Monday-Thursday with Friday or Saturday inclement weather make up days. Saturday hours for inclement weather make up shall be paid straight rate unless over 40 hours worked. Make up day allowed comment Friday or Saturday inclement weather make up days Apprentice Rates: 1st year $27.33 $34.58 $41.83 2nd year $29.56 $37.93 $46.29 3rd year $31.79 $41.27 $50.75

Electrician Inside Wireman EC-131-IW 5/11/2016 $45.15 $64.55 $83.95 H H H H H H H D Y

Four 10s may be worked if consecutive Monday thru Thursday. Friday may be used as a makeup day. Make up day allowed comment Friday Apprentice Rates: 0-1000 hours $20.70 $28.12 $35.55 1000-2000 hours $23.99 $33.06 $42.13 2000-3500 hours $26.02 $36.11 $46.19 3500-5000 hours $27.70 $38.63 $49.55 5000-6500 hours $29.37 $41.13 $52.89 6500-8000 hours $32.74 $46.19 $59.63

Elevator Constructor Elevator Constructor Mechanic EL-85 4/8/2013 $70.77 $116.32 D D D D D D D D Y comment 4 tens allowed M-TH Apprentice Rates: 1st year $50.27 $75.32 2nd year $54.83 $84.44 3rd year $57.10 $88.98 4th year $61.66 $98.10

A four ten hour day work week is allowed. If 4 or more straight-time hours lost due to job being down, Friday may be scheduled as a make up day. Make up day allowed Apprentice Rates: 1st 90 days $19.60 $25.41 $31.21 2nd 90 days $20.89 $27.34 $33.79 2nd 6 months $22.18 $29.27 $36.37 3rd 6 months $23.47 $31.21 $38.95 4th 6 months $24.76 $33.15 $41.53 5th 6 months $26.05 $35.08 $44.11 6th 6 months $27.34 $37.01 $46.69 7th 6 months $28.63 $38.95 $49.27 8th 6 months $29.92 $40.89 $51.85 9th 6 months $31.21 $42.82 $54.43 10th 6 months $32.50 $44.75 $57.01

Heat and Frost Insulator Spray Insulation AS25S 6/2/2016 $25.29 $36.51 X X X H H H H H N

Heat and Frost Insulator and Asbestos Worker Heat and Frost Insulator and Asbestos Worker AS47 12/11/2015 $45.25 $59.86 $74.47 H H H H H H H D Y Make up day allowed comment Friday for cancelled work in a 4 10 schedule Apprentice Rates: 1st year $26.38 $33.69 $40.99 2nd year $30.15 $38.92 $47.68 3rd year $33.92 $44.15 $54.37 4th year $37.70 $49.39 $61.08 5th year $41.48 $54.63 $67.78

Ironworker Pre-engineered Metal Work IR-25-PE-Z2 4/6/2016 $45.27 $55.20 $65.12 X X H X X X X D Y Make up day allowed comment 4 tens allowed M-Th with Saturday make up day Apprentice Rates: 1st Year $28.36 $34.09 $39.81 3rd 6 month period $30.48 $36.95 $43.43 4th 6 month period $32.61 $39.84 $47.08 5th 6 month period $34.73 $42.72 $50.70 6th 6 month period $36.86 $45.60 $54.34

Fence, Sound Barrier & Guardrail IR-340-F2 3/11/2016 $31.55 $41.55 $51.55 X X H X X X H D Y erection/installation and Exterior Signage work

Four ten hour work days may be worked during Monday-Saturday.

Apprentice Rates: 60% Level $22.75 $28.75 $34.75 65% Level $23.85 $30.35 $36.85 70% Level $24.96 $31.96 $38.96 75% Level $26.05 $33.55 $41.05 80% Level $27.15 $35.15 $43.15 85% Level $28.25 $36.75 $45.25

Official Request #: 753 Official Rate Schedule Requestor: MDEQ Every contractor and subcontractor shall keep posted Project Description: Contaminated Soil Excavation & Disposal- Production Painting on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates Project Number: 761/14012.BDH prescribed in a contract. County: Kalamazoo Page 7 of 31 Official 2016 Prevailing Wage Rates for State Funded Projects Issue Date: 6/13/2016 Contract must be awarded by: 9/11/2016 Page 8 of 31 Classification Last Straight Time and a Double Overtime Name Description Updated Hourly Half Time Provision ======Reinforcing: any work in connection with field IR-340-Ref 9/17/2014 $45.05 $55.39 $65.73 H H H H H H H D Y fabrication, post tensioning, prestressing of handling by power, rigging, crane signaling, crane assembly and dismantle, racking, sorting, cutting, bending, hoisting, placing, burning, welding, use of tie gun, and tying of all materials used to reinforce concrete construction. Realigning of reinforcing steel, wire mesh and placing of steel dowels, as well as refastening and resetting same while concrete is being poured. The handling and placing of j or jack bar on slip form construction. The placing of all clips, bolts, and steel rods and wire fabricator mesh pertaining to gunite construction. Drilling holes in concrete for dowels used to reinforce a concrete slab, beam or wall and the use of a chemical anchoring system (such as epoxy) to secure dowels. The use of a non-metallic carbon fiber or polymer typically used to reinforce concrete. Some brand names are NEFMAC, leadline or Tokyo rope. Make up day allowed comment for 4 10s, Fridays for 5 8s, Saturday Both apply if employee loses 4 or more straight time hours in any week because the job is down. Apprentice Rates: Registered 1st year $27.16 $33.31 $39.46 Registered 2nd year $28.21 $34.88 $41.56 Registered 3rd year $33.80 $42.05 $50.29

Rigging, heavy machinery moving and related IR-340-RIG 4/4/2013 $37.43 $47.43 $57.43 X X X X X X X D Y tasks Make up day allowed comment Saturday Apprentice Rates: 1st year $22.50 $27.31 $32.11 2nd year $25.61 $33.31 $40.11 3rd year $30.59 $40.17 $48.65 4th year $32.67 $43.52 $53.11

Official Request #: 753 Official Rate Schedule Requestor: MDEQ Every contractor and subcontractor shall keep posted Project Description: Contaminated Soil Excavation & Disposal- Production Painting on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates Project Number: 761/14012.BDH prescribed in a contract. County: Kalamazoo Page 8 of 31 Official 2016 Prevailing Wage Rates for State Funded Projects Issue Date: 6/13/2016 Contract must be awarded by: 9/11/2016 Page 9 of 31 Classification Last Straight Time and a Double Overtime Name Description Updated Hourly Half Time Provision ======Structural and Finish work: all work related to IR-340-STR 9/17/2014 $45.05 $55.39 $65.73 H H H H H H H D Y the fabrication, erection & construction of all iron, steel, precast and reinforced concrete structures; bolting, decking, siding, glazing and curtain wall, misc steel stairways, handrails; rigging, signaling, loading, unloading, sorting and stacking of all material. The framing and erection or dismantling of all cranes, travelers and derricks. Field & job fabrication cutting, bending, drilling, welding & burning with acetylene torch or electric device; operation of man lifts or equipment to perform work; misc and ornamental iron and metal, including lockers, jail doors, bunks, iron doors, guardhouses, grating, racks, platforms and uni-strut supports; aligning or leveling or surveying in connection with steel or machinery erection. All demolition and dismantling or iron, steel, precast & Make up day allowed comment for 4 10s, Fridays for 5 8s, Saturday Both apply if employee loses 4 or more straight time hours in any week because the job is down. Apprentice Rates: 1st Year Registered $27.16 $33.31 $39.46 2nd Year Registered $28.21 $34.88 $41.56 3rd Year Registered $33.80 $42.05 $50.29 4th Year Registered $35.90 $45.19 $54.49

Official Request #: 753 Official Rate Schedule Requestor: MDEQ Every contractor and subcontractor shall keep posted Project Description: Contaminated Soil Excavation & Disposal- Production Painting on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates Project Number: 761/14012.BDH prescribed in a contract. County: Kalamazoo Page 9 of 31 Official 2016 Prevailing Wage Rates for State Funded Projects Issue Date: 6/13/2016 Contract must be awarded by: 9/11/2016 Page 10 of 31 Classification Last Straight Time and a Double Overtime Name Description Updated Hourly Half Time Provision ======Laborer Class A Laborer - all construction on buildings, L355-1-A 6/3/2016 $33.19 $43.24 $53.28 X X H H H H H D Y pumps, well wheels, air, electric or gasoline tools, motor driven buggies, fire watch duty, working on swing scaffolds, heavy construction work, carpenter tender, cement finisher tender, heater tender, and flagperson. Cleaning and clearing of all debris, including wire brushing of windows, scraping of floors, removal of surplus material from all fixtures within confines of structure and cleaning all debris in building and construction area. The general cleanup, including sweeping, cleaning, washdown and wiping of construction facility, equipment and furnishings and removal and loading or burning of all debris including crates, boxes, packaging waste material. Washing and cleaning of walls, partitions, ceilings, windows, bathrooms, kitchens, laboratory, and all fixtures and facilities therein. Cleanup, mopping, washing, waxing and polishing or dusting of all Make up day allowed comment Monday - Saturday Apprentice Rates: 0-1,000 work hours $28.17 $35.70 $43.24 1,001-2,000 work hours $29.17 $37.20 $45.24 2,001-3,000 work hours $30.18 $38.72 $47.26 3,001-4,000 work hours $32.19 $41.74 $51.28

Class B Laborer - jackhammer operator, L355-1-B 6/3/2016 $33.44 $43.61 $53.78 X X H H H H H D Y crocklayer and caisson worker in buildings Make up day allowed comment Monday - Saturday Apprentice Rates: 0-1,000 work hours $28.36 $35.99 $43.62 1,001-2,000 work hours $29.37 $37.50 $45.64 2,001-3,000 work hours $30.39 $39.04 $47.68 3,001-4,000 work hours $32.42 $42.08 $51.74

Class D Laborer - concrete specialist when no L355-1-D 6/3/2016 $38.39 $50.99 $63.58 X X H H H H H D Y cement finishers are available; troweling, finishing, screeding, patching, cutting, curing of cast in place or precast concrete by any and all methods. Make up day allowed comment Monday - Saturday Apprentice Rates: 0-1,000 work hours $32.09 $41.54 $50.98 1,001-2,000 work hours $33.35 $43.42 $53.50 2,001-3,000 work hours $34.61 $45.32 $56.02 3,001-4,000 work hours $37.13 $49.10 $61.06

Official Request #: 753 Official Rate Schedule Requestor: MDEQ Every contractor and subcontractor shall keep posted Project Description: Contaminated Soil Excavation & Disposal- Production Painting on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates Project Number: 761/14012.BDH prescribed in a contract. County: Kalamazoo Page 11 of 31 Official 2016 Prevailing Wage Rates for State Funded Projects Issue Date: 6/13/2016 Contract must be awarded by: 9/11/2016 Page 12 of 31 Classification Last Straight Time and a Double Overtime Name Description Updated Hourly Half Time Provision ======Laborer - Hazardous Class A Laborer - performing work in conjunction LHAZ-Z9-A 11/7/2014 $31.79 $44.79 $57.78 H H H H H H H D Y with site preparation and other preliminary work prior to actual removal, handling, or containment of hazardous waste substances not requiring use of personal protective equipment required by state or federal regulations; or a laborer performing work in conjunction with the removal , handling, or containment of hazardous waste substances when use of personal protective equipment level " D" is required. Make up day allowed comment 4 10s allowed M-Th or T-F; inclement weather makeup day Friday Apprentice Rates: 0-1,000 work hours $27.04 $37.66 $48.28 1,001-2,000 work hours $27.99 $39.08 $50.18 2,001-3,000 work hours $28.94 $40.51 $52.08 3,001-4,000 work hours $30.84 $43.36 $55.88

Class B Laborer - performing work in conjunction LHAZ-Z9-B 11/7/2014 $32.79 $46.29 $59.78 H H H H H H H D Y with the removal, handling, or containment of hazardous waste substances when the use of personal protective equipment levels "A", "B" or "C" is required. Make up day allowed comment 4 10s allowed M-Th or T-F; inclement weather makeup day Friday Apprentice Rates: 0-1,000 work hours $27.79 $38.78 $49.78 1,001-2,000 work hours $28.79 $40.28 $51.78 2,001-3,000 work hours $29.79 $41.78 $53.78 3,001-4,000 work hours $31.79 $44.78 $57.78

Apprentice Rates: 0-1,000 work hours $30.52 $39.35 $48.17 1,001-2,000 work hours $31.55 $40.90 $50.23 2,001-3,000 work hours $32.58 $42.44 $52.29 3,001-4,000 work hours $34.64 $45.53 $56.41

Class II - Manhole, headwall, catch basin LAUCT-Z2-2 10/30/2014 $35.76 $47.21 $58.65 X X X X X X X D Y builder, bricklayer tender, mortar man, material mixer, fence erector, and guard rail builder

Apprentice Rates: 0-1,000 work hours $30.58 $39.44 $48.29 1,001-2,000 work hours $31.62 $41.00 $50.37 2,001-3,000 work hours $32.66 $42.56 $52.45 3,001-4,000 work hours $34.72 $45.65 $56.57

Apprentice Rates: 0-1,000 work hours $30.66 $39.56 $48.45 1,001-2,000 work hours $31.70 $41.12 $50.53 2,001-3,000 work hours $32.74 $42.68 $52.61 3,001-4,000 work hours $34.82 $45.80 $56.77

Class IV - Tunnel, shaft and caisson mucker, LAUCT-Z2-4 10/30/2014 $36.02 $47.60 $59.17 X X X X X X X D Y bracer man, liner plate man, long haul dinky driver and well point man.

Apprentice Rates: 0-1,000 work hours $30.78 $39.74 $48.69 1,001-2,000 work hours $31.83 $41.32 $50.79 2,001-3,000 work hours $32.88 $42.89 $52.89 3,001-4,000 work hours $34.97 $46.02 $57.07

Apprentice Rates: 0-1,000 work hours $30.98 $40.04 $49.09 1,001-2,000 work hours $32.04 $41.63 $51.21 2,001-3,000 work hours $33.10 $43.22 $53.33 3,001-4,000 work hours $35.22 $46.40 $57.57

Class VI - Dynamite man and powder man. LAUCT-Z2-6 10/30/2014 $36.59 $48.45 $60.31 X X X X X X X D Y

Apprentice Rates: 0-1,000 work hours $31.21 $40.38 $49.55 1,001-2,000 work hours $32.28 $41.99 $51.69 2,001-3,000 work hours $33.36 $43.61 $53.85 3,001-4,000 work hours $35.51 $46.84 $58.15

Class VII - Restoration laborer, seeding, LAUCT-Z2-7 10/30/2014 $28.86 $36.86 $44.85 X X X X X X X D Y sodding, planting, cutting, mulching and topsoil grading and the restoration of property such as replacing mail boxes, wood chips, planter boxes and flagstones.

Apprentice Rates: 0-1,000 work hours $25.41 $31.68 $37.95 1,001-2,000 work hours $26.10 $32.72 $39.33 2,001-3,000 work hours $26.79 $33.76 $40.71 3,001-4,000 work hours $28.17 $35.82 $43.47

Skilled Landscape Laborer: small power tool LLAN-Z2-B 10/13/2015 $24.05 $32.74 $41.42 X X H X X X H D Y operator, lawn sprinkler installers' tender, material mover, truck driver on when seeding, sodding, planting, cutting, trimming, backfilling, rough grading or maintaining of landscape projects occurs Sundays paid at time & one half. Holidays paid at double time.

Operating Engineer Class C- Regular equipment operator, crane, stiff EN-324-BH1C 8/5/2014 $50.15 $64.32 $78.49 H H H H H H H D Y leg derrick, scraper dozer, grader, front end loader, hoist, job mechanic, head grease man, concrete pump truck & hydro excavators

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday- Thursday may be scheduled on Friday.

Apprentice Rates: 0 - 999 hours $40.75 $50.67 $60.59 1,000 - 1,999 hours $42.17 $52.80 $63.43 2,000 - 2,999 hours $43.58 $54.91 $66.25 3,000 - 3,999 hours $45.00 $57.05 $69.09 4,000 - 4,999 hours $46.42 $59.17 $71.93 5.000 - 5,999 hours $47.83 $61.29 $74.75

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday- Thursday may be scheduled on Friday.

Class E- Pump 6" or over, well points, freeze EN-324-BH1E 9/12/2013 $44.45 $55.77 $67.09 H H H H H H H D Y systems, boom truck (non-swinging), end dumps and laser/power screed, concrete wire saw 20 h.p. and over, & brokk concrete breaker

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday- Thursday may be scheduled on Friday.

Class F- Air compressor, welder, generators, EN-324-BH1F 8/5/2014 $42.00 $52.10 $62.19 H H H H H H H D Y conveyors, pumps under 6", Grease man, and fork truck 20' or less lift

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday- Thursday may be scheduled on Friday.

Class G- Oiler, fireman and heater operator EN-324-BH1G 8/5/2014 $40.35 $49.62 $58.89 H H H H H H H D Y Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday- Thursday may be scheduled on Friday.

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday-

Class A- Crane w/ main Boom & Jib 300' or EN-OSA3 8/5/2014 $52.40 $67.70 $82.99 H H H H H H H D Y longer

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday-

Class A- Crane w/ main Boom & Jib 400' or EN-OSA4 8/5/2014 $53.90 $69.95 $85.99 H H H H H H H D Y longer

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work not performed due to weather, Monday-Thursday

Class B- Crane Operator with main boom and EN-OSB 8/5/2014 $50.65 $65.07 $79.49 H H H H H H H D Y jib 140' or longer, tower cranes, gantry crane, whirley derrick

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work unabled to be performed due to weather, Monday- Thursday may be scheduled on Friday.

Operating Engineer - DIVER Diver/Wet Tender/Tender/Rov Pilot/Rov Tender GLF D 4/2/2014 $52.80 $79.20 $105.60 H H H H H H H D N

Make up day allowed

Subdivision of county all Great Lakes, islands therein, & connecting & tributary waters

Crane/Backhoe Operator, 70 ton or over Tug GLF-2 2/12/2014 $63.50 $82.60 $101.70 X X H H H H H D Y Operator, Mechanic/Welder, Assistant Engineer (hydraulic dredge), Leverman (hydraulic dredge), Diver Tender

Holiday pay = $120.80 per hour, wages & Make up day allowed

Subdivision of county All Great Lakes, islands therein, & connecting & tributary waters

Friction, Lattice Boom or Crane License GLF-2B 2/12/2014 $64.50 $84.10 $103.70 X X H H H H H D Y Certification

Holiday pay = $123.30 Make up day allowed

Subdivision of county All Great Lakes, islands, therein, & connecting & tributary waters

Deck Equipment Operator, Machineryman, GLF-3 2/12/2014 $59.30 $76.30 $93.30 X X H H H H H D Y Maintenance of Crane (over 50 ton capacity) or Backhoe (115,000 lbs or more), Tug/Launch Operator, Loader, Dozer on Barge, Deck Machinery

Holiday pay = $110.30 per hour, wages & Make up day allowed

Subdivision of county All Great Lakes, islands therein, & connecting & tributary waters

Deck Equipment Operator, GLF-4 2/12/2014 $53.60 $67.75 $81.90 X X H H H H H D Y (Machineryman/Fireman), (4 equipment units or more), Off Road Trucks, Deck Hand, Tug Engineer, & Crane Maintenance 50 ton capacity and under or Backhoe 115,000 lbs or less, Assistant Tug Operator

Holiday pay = $96.05 per hour, wages & fringes Make up day allowed

Subdivision of county All Great Lakes, islands therein, & connecting & tributary waters

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work not performed due to weather, Monday-Thursday

Class A- Crane w/ main Boom & Jib 300' or EN-324-SWW1300 8/5/2014 $52.75 $68.22$83.69H H H H H H H D Y longer

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work not performed due to weather, Monday-Thursday

Class A- Crane w/ main Boom & Jib 400' or EN-324-SWW1400 8/5/2014 $54.25 $70.47$86.69H H H H H H H D Y longer

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work not performed due to weather, Monday-Thursday

Class B- Crane Operator with main boom and EN-324-SWW1B 8/5/2014 $51.00 $65.60$80.19H H H H H H H D Y jib 140' or longer, tower cranes, gantry crane, whirley derrick

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work not performed due to weather, Monday-Thursday may be scheduled on Friday.

Apprentice Rates: 0 - 999 hours $40.99 $51.03 $61.07 1,000 - 1,999 hours $42.43 $53.19 $63.95 2,000 - 2,999 hours $43.86 $55.33 $66.81 3,000 - 3,999 hours $45.30 $57.49 $69.69 4,000 - 4,999 hours $46.73 $59.64 $72.55 5,000 - 5,999 hours $48.17 $61.80 $75.43

Class D- Air tugger (single drum), material hoist, EN-324-SWW1D 8/5/2014 $45.40 $57.20$68.99H H H H H H H D Y pump 6" or over, elevators (when operated by an operating engineer) and brokk concrete breaker

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work not performed due to weather, Monday-Thursday

Class E- Air compressor, welder, generators and EN-324-SWW1E 8/5/2014 $43.75 $54.72$65.69H H H H H H H D Y conveyors.

Class F- Oiler and Fireman EN-324-SWW1F 8/5/2014 $41.15 $50.82$60.49H H H H H H H D Y

Four 10 hour days may be scheduled Monday- Thursday or Tuesday-Friday. Work not performed due to weather, Monday-Thursday may be scheduled on Friday.

Apprentice Rates: 0-999 hours $41.79 $52.11 $62.42 1,000-1,999 hours $43.26 $54.31 $65.36 2,000-2,999 hours $44.74 $56.53 $68.32 3,000-3,999 hours $46.22 $58.75 $71.28 4,000-4,999 hours $47.69 $60.95 $74.22 5,000-5,999 hours $49.16 $63.16 $77.16

Class II Equipment - Boom Truck, Crusher, EN-324A2-UC2 11/13/2015 $46.54 $58.83 $71.12 H H H H H H H D Y Hoist, Pump 6 inch discharge or larger, side boom tractor, Tractor (pneu-tired other than backhoe or front end loader), Trencher 8 ft. digging capcity and smaller, Vac Truck

Class III Equipment - Air Compressors 600 cfm EN-324A2-UC3 11/13/2015 $46.04 $58.08 $70.12 H H H H H H H D Y or larger, Air Compressors 2 or more less than 600 dfm, Boom Truck non-swinging non- powered type boom, Concrete Breaker self- propelled or truck mounted, Concrete paver 1 drum 1/2 yd. or larger, Elevator other than passenger, Pump 4 inch to 6 inch discharge, pumpcrete machine, wagon drill, welding machine or generator 2 or more 300 amp or

Painter Brush & Roll, Drywall Taping PT-312 7/17/2015 $34.79 $46.17 $57.54 H H H H H H H D Y

A four 10 hour day work schedule may be used, consecutive days, Monday-Friday. A makeup day may be scheduled for missed work due to holidays or inclement weather, Monday-Friday. Make up day allowed Apprentice Rates: 0-1,000 hours $24.55 $30.80 $37.06 1,001-2,000 hours $25.69 $32.52 $39.34 2,001-3,000 hours $27.51 $35.24 $42.98 3,001-4,000 hours $29.10 $37.63 $46.16 4,001-5,000 hours $31.38 $41.05 $50.72 5,001-6,000 hours $33.65 $44.46 $55.26

Pipe and Manhole Rehab General Laborer for rehab work or normal TM247 4/17/2015 $28.20 $38.20 H H H H H H H H N cleaning and cctv work-top man, scaffold man, CCTV assistant, jetter-vac assistant

Tap cutter/CCTV Tech/Grout Equipment TM247-2 4/17/2015 $32.70 $44.95 H H H H H H H H N Operator: unit driver and operator of CCTV; grouting equipment and tap cutting equipment

Boiler Operator: unit driver and operator of TM247-4 4/17/2015 $33.20 $45.70 H H H H H H H H N steam/water heater units and all ancillary equipment associated

Combo Unit driver & Jetter-Vac Operator TM247-5 4/17/2015 $33.20 $45.70 H H H H H H H H N

Pipe Bursting & Slip-lining Equipment Operator TM247-6 4/17/2015 $34.20 $47.20 H H H H H H H H N

Plasterer Plasterer - Four 10s allowed M-F BR9-17-PL 3/18/2015 $41.07 $53.27 $65.46 H H H H H H H D Y Make up day allowed Apprentice Rates: 0-749 hours $32.53 $40.46 $48.38 750-1499 hours $33.75 $42.28 $50.82 1500-2249 hours $34.97 $44.12 $53.26 2250-2999 hours $36.19 $45.94 $55.70 3000-3749 hours $37.41 $47.78 $58.14 3750-4499 hours $38.63 $49.60 $60.58

Plasterer PL16-1 10/23/2012 $33.61 $44.20 $54.79 H H H H H H H D N

Apprentice Rates: 1st year $26.20 $33.09 $39.97 2nd year $28.31 $36.25 $44.19 3rd year $30.43 $39.43 $48.43

Apprentice Rates: 1st 6 months $26.00 $38.81 $51.60 2nd 6 months $38.07 $56.91 $75.74 3rd 6 months $39.77 $59.46 $79.14 4th 6 months $41.46 $62.00 $82.52 5th 6 months $43.16 $64.54 $85.92 6th 6 months $44.85 $67.08 $89.30 7th 6 months $46.55 $69.63 $92.70 8th 6 months $48.24 $72.16 $96.08 9th 6 months $49.94 $74.72 $99.48 10th 6 months $51.63 $77.25 $102.86

Subdivision of county Fort Custer only Plumber, Pipefitter & HVAC Plumber, Pipefitter, Welder & HVAC PL-357 11/4/2015 $50.80 $67.48 $84.15 H H H H H H D D Y An alternate workweek of 4 10 hour days may be worked Monday thru Thursday with Friday as a optional make-up day. M-F: The first 4 hours overtime shall be @ 1 1/2. All hours thereafter shall be @ double time. Make up day allowed comment OT M-F after the first 4 hours OT double time rate. Apprentice Rates: 1st Year $26.01 $35.02 $44.02 2nd Year $27.01 $36.52 $46.02 3rd Year $37.46 $47.47 $57.47 4th Year $38.46 $48.97 $59.47 5th Year $40.80 $52.47 $64.15

4 consecutive ten hour days allowed M- TH w/o OT

4 tens allowed M-Th 5 consecutive nine hour days M-F also allowed, time over forty hours per/week shall be at OT. Sat makeup day Make up day allowed comment Friday or Saturday Apprentice Rates: 1st Class $24.33 $30.08 $35.83 2nd Class $25.45 $31.70 $37.95 3rd Class $28.46 $35.59 $42.71 4th Class $30.58 $38.71 $46.83 5th Class $32.15 $41.02 $49.90 6th Class $33.21 $42.58 $51.96 7th Class $34.27 $44.14 $54.02

Sewer Relining Class I-Operator of audio visual CCTV system SR-I 11/24/2015 $43.66 $59.01 $74.36 H H H H H H H D N including remote in-ground cutter and other equipment used in conjunction with CCTV

Class II-Operator of hot water heaters and SR-II 11/24/2015 $42.13 $56.72 $71.30 H H H H H H H D N circulation system; water jetters; and vacuum and mechanical debris removal systems and those assisting.

Apprentice Rates: First Year $25.68 $32.81 $39.95 Second Year $31.17 $39.73 $48.29 Third Year $39.61 $49.60 $59.59 Fourth Year $42.46 $53.87 $65.29

Sprinkler Fitter Sprinkler Fitter SP 669 9/17/2009 $46.51 $61.99 $77.47 H H H H H H H D Y Make up day allowed Apprentice Rates: Class 1 & 2 $23.44 $31.31 $39.17 Class 3 $29.35 $37.75 $46.15 Class 4 $30.93 $40.12 $49.31 Class 5 $35.50 $45.47 $55.45 Class 6 $37.07 $47.83 $58.59 Class 7 $38.65 $50.20 $61.75 Class 8 $40.22 $52.55 $64.89 Class 9 $41.79 $54.91 $68.03 Class 10 $43.36 $57.27 $71.17

Apprentice Rates: 0-749 hours $25.63 $33.48 $41.33 750-1499 hours $26.83 $35.28 $43.73 1500-2249 hours $28.04 $37.09 $46.15 2250-2999 hours $29.25 $38.91 $48.57 3000-3749 hours $30.46 $40.73 $50.99 3750-4499 hours $31.67 $42.54 $53.41

Tile Finisher - Four 10s allowed M-F BR9-17-TF 3/18/2015 $30.90 $41.00 $51.10 H H H H H H H D Y

Apprentice Rates: 0-749 hours $23.83 $30.40 $36.96 750-1499 hours $24.84 $31.91 $38.98 1500-2249 hours $25.85 $33.42 $41.00 2250-2999 hours $26.86 $34.94 $43.02 3000-3749 hours $27.87 $36.46 $45.04 3750-4499 hours $28.88 $37.97 $47.06

Tile Setter - Four 10s allowed M-F BR9-17-TM 3/18/2015 $33.50 $44.26 $55.02 H H H H H H H D Y

Apprentice Rates: 0-749 hours $25.97 $32.96 $39.96 750-1499 hours $27.04 $34.57 $42.10 1500-2249 hours $28.12 $36.19 $44.26 2250-2999 hours $29.20 $37.81 $46.42 3000-3749 hours $30.27 $39.42 $48.56 3750-4499 hours $31.35 $41.04 $50.72

of all trucks of 8 cubic yard capacity or less TM-RB2A 6/7/2016 $44.00 $48.66 H H H H H H H H Y (except dump trucks of 8 cubic yard capacity or over, tandem axle trucks, transit mix and semis, euclid type equipment, double bottoms and low boys)

on euclid type equipment TM-RB2B 6/7/2016 $44.25 $49.04 H H H H H H H H Y

Underground Laborer Open Cut, Class I Construction Laborer LAUC-Z4-1 10/30/2014 $32.52 $42.35 $52.17 X X X X X X X D Y

Apprentice Rates: 0-1,000 work hours $28.17 $35.83 $43.47 1,001-2,000 work hours $29.04 $37.13 $45.21 2,001-3,000 work hours $29.91 $38.43 $46.95 3,001-4,000 work hours $31.65 $41.05 $50.43

Underground Laborer Open Cut, Class II Mortar and material mixer, concrete form man, LAUC-Z4-2 10/30/2014 $32.65 $42.54 $52.43 X X X X X X X D Y signal man, well point man, manhole, headwall and catch basin builder, guard rail builders, headwall, seawall, breakwall, dock builder and fence erector.

Apprentice Rates: 0-1,000 work hours $28.27 $35.97 $43.67 1,001-2,000 work hours $29.14 $37.28 $45.41 2,001-3,000 work hours $30.02 $38.60 $47.17 3,001-4,000 work hours $31.77 $41.23 $50.67

Apprentice Rates: 0-1,000 work hours $28.35 $36.09 $43.83 1,001-2,000 work hours $29.23 $37.41 $45.59 2,001-3,000 work hours $30.11 $38.73 $47.35 3,001-4,000 work hours $31.88 $41.39 $50.89

Underground Laborer Open Cut, Class IV Trench or excavating grade man. LAUC-Z4-4 10/30/2014 $32.83 $42.81 $52.79 X X X X X X X D Y

Apprentice Rates: 0-1,000 work hours $28.40 $36.17 $43.93 1,001-2,000 work hours $29.29 $37.51 $45.71 2,001-3,000 work hours $30.17 $38.83 $47.47 3,001-4,000 work hours $31.94 $41.48 $51.01

Underground Laborer Open Cut, Class V Pipe Layer LAUC-Z4-5 10/30/2014 $32.95 $42.99 $53.03 X X X X X X X D Y

Apprentice Rates: 0-1,000 work hours $28.49 $36.31 $44.11 1,001-2,000 work hours $29.38 $37.64 $45.89 2,001-3,000 work hours $30.28 $38.99 $47.69 3,001-4,000 work hours $32.06 $41.66 $51.25

Apprentice Rates: 0-1,000 work hours $26.41 $33.19 $39.95 1,001-2,000 work hours $27.16 $34.31 $41.45 2,001-3,000 work hours $27.91 $35.43 $42.95 3,001-4,000 work hours $29.42 $37.70 $45.97

Underground Laborer Open Cut, Class VII Restoration laborer, seeding, sodding, planting, LAUC-Z4-7 10/30/2014 $28.51 $36.33 $44.15 X X X X X X X D Y cutting, mulching and topsoil grading and the restoration of property such as replacing mail boxes, wood chips, planter boxes, flagstones etc.

Apprentice Rates: 0-1,000 work hours $25.16 $31.31 $37.45 1,001-2,000 work hours $25.83 $32.31 $38.79 2,001-3,000 work hours $26.50 $33.32 $40.13 3,001-4,000 work hours $27.84 $35.33 $42.81

Kalamazoo Water Reclamation Plant Discharge Limitations

Discharges to the Kalamazoo Water Reclamation Plant are controlled by the following limitations:

POLLUTANT DAILY MAXIMUM CONCENTRATE LIMIT (UG/L)

Cadmium, T 40

Chromium, T 4,670

Copper, T 2,230

Lead, T 110

Nickel, T 1,590

Zinc, T 5,300

Cyanide, T 250

SGT-HEM 100 (mg/L) (Total Petroleum Hydrocarbon)

PH 6.2 - 9.8 S.U.

BETX 15 (mg/L)

Prohibited Discharges Condensed from the General Pretreatment Regulations and the Kalamazoo City Code of Ordinances.

1. PCB’s - no discharged allowed. (0.0001 mg/l required detection limit)

2. Mercury - no discharge allowed. (0.0002 mg/l required detection limit)

3. Pollutants which cause a fire or explosion hazard including, but not limited to, waste streams with a closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees Centigrade.

4. Solid or viscous pollutants in amounts which will cause obstruction in flow.

5. Any pollutant, including oxygen-demanding pollutants (BOD, etc.) which will cause interference with wastewater treatment or which will pass through untreated.

6. Heat in amounts that will inhibit biological activity, but in no case heat in such quantities that the temperature at the plant exceeds 104 degrees Fahrenheit or 40 degrees Centigrade.

7. Pollutants which result in the presence of toxic gases, vapors, or fumes in a quantity that may cause health and safety problems for sewer workers or the general public.

8. Any trucked or hauled pollutants except at the designated discharge point at the Kalamazoo Water Reclamation Plant.

9. Radioactive wastes or isotopes, unless their disposal via wastewater is authorized by federal, state, and local regulations, and then only when discharged into the wastewater system does not cause damage or a hazard to the system, persons operating the system or the general public.

10. Wastewater discharged at a rate that upsets or interferes with the treatment process or causes a hydraulic surge.

11. Storm water, uncontaminated groundwater, and unpolluted non-contact cooling water.

In addition to these limitations, certain industrial discharges are subject to Categorical Pretreatment Standards.

K:\EnvServices\Admin\wisdomd\WORD\FORMS\DISCHARGE LIMITATIONS.DOC APPENDIX B Japanese knotweed Fallopia japonica

Record ID: 520269

Location: Kalamazoo County, Michigan

Observer: Hannah Hudson

Source: MISIN

Latitude: 42.29458258

Longitude: -85.568121

Area: Not Reported

Density: Not Reported

Observation Date: August 17, 2015

Date Entered: August 17, 2015

Last Updated: August 17, 2015

Treated: Not Reported

Verified: Trusted Source

GUID: gisin.org/guid/MSU/MISIN/520269

Notes from Android; gps accuracy: 17meters

Source: MISIN. 2016. Midwest Invasive Species Information Network. Michigan State University - Applied Spatial Ecology and Technical Services Laboratory. Available online at http://www.misin.msu.edu/browse/record.php?id=520269; Last Updated August 17, 2015. Source: MISIN. 2016. Midwest Invasive Species Information Network. Michigan State University - Applied Spatial Ecology and Technical Services Laboratory. Available online at http://www.misin.msu.edu/browse/record.php?id=520269; Last Updated August 17, 2015. Invasive Species—Best Control Practices Michigan Department of Natural Resources Michigan Natural Features Inventory 2/2012 Japanese knotweed Fallopia japonica (Polygonum cuspidatum)

Japanese knotweed is a non-native invasive plant that was introduced from Asia as an ornamental plant. Knotweed spreads vegetatively by rhizomes and also sprouts from fragments of root and stem material, which are dispersed by water, equipment or in fill. It forms fertile hybrids with giant knotweed (Polygonum sachalininese). Some populations, particularly hybrids, produce fertile seed. Knotweed forms dense monocultures, with a thick layer of accumulated leaf and fibrous stem litter. A number of mech- anisms contribute to its ability to exclude native species; light limitation, alteration in nutrient cycling and allelopa- thy—the ability to suppress growth of a potential plant competitor by releasing toxic or inhibiting chemicals. Knotweed can contribute both to stream bank erosion and to flooding, when its large, fibrous stems wash into the -wa ter during periods of peak flow. Its rhizomes and shoots can penetrate asphalt and cracks in concrete. It is most aggres- sive on sites with natural or human disturbance; stream and riverbanks, roadsides and construction sites. Japanese knotweed is legally prohibited in Michigan. It is illegal to possess or introduce this species without a permit from the Michigan Department of Agriculture, and Rural Development except to have it identified or in conjunction with control efforts. Tom Heutte, USDA Forest Service, Bugwood.org

Identification Flowers: Knotweed has numerous, Habit: small, creamy white flowers. Japanese knotweed is a perennial, herbaceous shrub They are arranged in spikes growing from 1 to 3 m (3-10 ft) in height. It has a deep tap- near the end of the plant’s root and an extensive network of rhizomes that may extend arching stems. In Michigan, laterally from 7 to 20 m (23-65 ft). Its hollow stalks persist they bloom in August and through winter and resemble bamboo. September. Knotweeds are Suzan Campbell, MNFI Leaves: insect-pollinated. Its leaves are simple, alternate Fruits/Seeds: and broad, typically growing Knotweed fruits are three- up to 15 cm (6 in) long and 12 winged and 8 to 9 mm (0.32 cm (5 in) wide. They have an in) long. Its seeds are dark and abruptly pointed tip and a flat glossy, and may be dispersed or tapering base. Suzan Campbell, MNFI by wind, water, birds and Chris Evans, River to River CWMA, Stems: insects. Not all seed is fertile. Bugwood.org Japanese knotweed stems Habitat: are upright, round, hollow, Japanese knotweed is semi-shade tolerant but grows best and often mottled, with a in full sun. It is found along roadsides, stream and river fine whitish coating that banks, wetlands, wet depressions and woodland edges, and Suzan Campbell, MNFI rubs off easily. can tolerate a wide array of soil and moisture conditions. 1 Similar species Reproduction/Dispersal Several other knotweed species are similar to Japanese Most reproduction in Japanese knotweed is believed to knotweed. All are invasive non-natives, and control methods be vegetative, although the role of sexual reproduction is discussed here are appropriate for all three species. receiving increasing attention. As much as two thirds of the mature plant’s biomass is stored underground in its exten- Giant knotweed sive systems of thick rhizomes. Rhizomes can reach 7.5 cm Giant knotweed (Fallopia (3 in) in diameter and penetrate at least 2 m (7ft) in suitable sachalinensis) is larger than soils. Japanese knotweed, often reaching 4m (13 ft) in height. In addition, fragments of both stem and root material can It can be distinguished by its sprout, giving rise to new plants or entire colonies. While fragments near the soil’s surface are most likely to sprout, larger leaves and heart-shaped Leslie J. Mehrhoff, University of leaf bases. Its leaves range Connecticut, Bugwood.org sprouting has been demonstrated from fragments up to from 5 to 30 cm (6-12 in) in 1 m (39 in) deep. Because of this, it presents an enormous length, while those of Japanese knotweed are usually 15 cm threat along rivers, streams and floodplains, where plant (6 in) long or less. They taper towards their tips, rather than parts may be washed downstream by flood waters. It can being abruptly pointed. Giant knotweed leaves have long, also be spread inadvertently during construction and road wavy hairs on their undersides, while the hairs on Japanese maintenance, by mowing crews and in fill dirt. knotweed are reduced to barely visible bumps. Use leaves In Europe, all Japanese knotweed populations appear to from the middle of the stem for comparison as those at the be clones of a single female genotype and do not produce tips are most variable. Giant knotweed flowers are held in pollen. However, they are able to accept pollen from the spikes or branching clusters. closely related giant knotweed, producing the fertile hybrid Bohemian knotweed. The hybrid appears to be spreading Japanese knotweed faster than either of its parent species. In North America, the situation is more complex and the potential for sexual reproduction both within the species and between related species is a focus of increased interest. Though the European female clone is widely dispersed in the US, other genotypes are also present. Populations have been documented with both male and female plants. Some may maintain reduced forms of the reproductive organs of the other sex. Though the female plants do not produce pollen, they can produce viable seeds. Male plants contrib- Giant knotweed ute pollen and may produce the occasional seed. Reproduc- tion by seed has been documented in the Northeast and Leslie J. Mehrhoff, University of Connecticut, Bugwood.org also in Wisconsin. The potential for spread of the hybrid Giant knotweed and Japanese knotweed hybridize to form knotweed may be even greater; both male and female Bohemian knotweed (Fallopia Xbohemicum). The hybrids are fertile hybrids have been found without either of their pa- fertile and back-cross readily, yielding a continuous range of rental species in New England. Japanese, giant and hybrid variation between the characteristics of their parent spe- knotweed populations in Michigan should be monitored for cies, including size, leaf bases and tips. The hairs on the leaf seed production, which offers additional opportunities for undersides are short with broad bases. spread. Himalyan knotweed Knotweed seedlings generally do not survive under the The related non-native canopy of their parent plant and appear most likely to Himalyan knotweed (F. establish on bare soil, as they do in their native habitat. In polystachyum) has narrower, western states, much of their most devastating spread has sharply-pointed lance-shaped been along waterways, where soil is continually eroded and leaves that are up to 20 cm re-deposited downstream. (8 in) long. Its leaf bases may In Michigan, roadside maintenance equipment appears to Vlado Lamiot, Creative Commons license be tapered or slightly heart- contribute significantly to knotweed spread, as cut frag- shaped. It can grow up to 1.8 ments are dispersed along roadways. Dumping of land- m (6 ft) tall. It has not been reported in Michigan to date. scape waste by homeowners has also been documented as a source of new populations.

2 Planning a control program Documenting occurrences In order to track the spread of an invasive species on a Resources for invasive species control invariably fall short of landscape scale, it is important to report populations where the actual need, so it is important to prioritize sites for treat- they occur. The Midwest Invasive Species Information Net- ment and plan carefully. It should be noted that control for work (MISIN) has an easy-to-use interactive online mapping all knotweeds is similar. Assessing the scope of the problem system. It accepts reports of invasive species’ locations from in the region of interest is a critical first step: users who have completed a simple, online training module • Map known populations. for the species being reported. MISIN can also accept batch • How was the knotweed population under consideration uploads of large quantities of data for any species. introduced—was it deliberately planted? Or did it dis- Herbaria also provide an authoritative record of plant dis- perse from another population that should be also be tribution. The University of Michigan Herbarium’s database eradicated or controlled? can be searched online for county records of occurrence, for • Identify potential dispersal pathways and monitor them; example. -- Is the population along a stream or lake? When Japanese knotweed is first encountered in a county -- Is it being spread in landscaping waste? where it had not been known previously, specimens should -- Does it lie in the path of road-mowing crews that be submitted to the Herbarium to document its presence. might spread it further? Are there construction sites in Check the “Online Resources” section for links to both of the area where it might be introduced in fill dirt? these resources. -- Are home owners disposing of landscape waste or distributing cuttings as an ornamental plant? Control • How is the species behaving in your area? Is it spreading Mechanical methods alone will not effectively control large rapidly? Is it reproducing by seed? Japanese knotweed populations and may make them • Does it occur in high quality habitat or on important worse. Control efforts must target knotweed’s massive recreational, hunting or fishing lands? underground system of rhizomes. This network allows it to Given this information, develop a strategy for control: spread to new areas even as it is being attacked mechani- 1. First, prevent further spread; block pathways for disper- cally. Accordingly, chemical treatments are given priority in sal, e.g. road maintenance practices, contaminated fill. the following section and then mechanical methods are dis- 2. Choose appropriate control methods, given site condi- cussed as some may enhance the effectiveness of chemical tions and available resources. control. Specific herbicides, application methods and rates are listed on the reference table at the end of this fact sheet. 3. If using herbicide, be sure to read the product label before finalizing plans. Is there potential for harm to non- To date, a combination of chemical and mechanical tech- target species? Have you made adequate provisions to niques, in conjunction with on-going monitoring, provides minimize damage? the most effective control of this species. Knotweed 4. Do these control methods require any permits (i.e. her- rhizomes that have not been completely killed off bicide application in wetlands, prescribed burning)? may send up new shoots as many as three years later. In all cases, monitoring and follow-up treatment will be re- 5. Prioritize high value sites for treatment where the po- quired for four to ten years, depending on the size and age tential for successful control is high. of the population being treated. 6. Where knotweed is being spread along waterways, begin control efforts upstream and work downstream; Chemical control concentrate on sites where erosion/dispersal of frag- Japanese knotweed has always been considered difficult ments is greatest. to eradicate, even with herbicides. Differing levels of suc- 7. Eradicate smaller satellite populations. cess have been reported for the same chemical on different 8. Treat larger core infestations of lower value as sites. These results are probably related to differences in the resources permit. amount of root mass underground. 9. Monitor to ensure desired results are being achieved; Older infestations have more extensive root systems and adapt management to improve success. are harder to eradicate or control. Specific site conditions, Best survey period weather on the day of application, calibration of equipment Japanese knotweed is easiest to locate for mapping or and applicator experience can also contribute to differing control in August and September when it is in bloom. Its levels of effectiveness. clustered spikes of creamy white flowers are distinctive and easy to spot. Invasive Species—Best Control Practices

3 General considerations non-selective it can also kill valuable non-target species. Anyone applying herbicides as part of their employment Imazapyr can move within roots and be transferred be- must become a certified pesticide applicator. In addition, tween intertwined root systems of different plants and certification is required for the use of some herbicides under other species. It has the potential to cause significant any circumstances. The certification process is administered damage or death to trees and other species in the area. This by the Michigan Department of Agriculture and Rural movement of herbicide is exacerbated when imazapyr is Development and a link to their website is included in the incorrectly over-applied. Because of its potential for col- Online Resources section. lateral damage, imazapyr may not be appropriate for A permit from the Michigan Department of Environmental use in high-quality areas, with many desirable native Quality is usually required to apply herbicide where stand- species. ing water is present—in wetlands, along streams, rivers Sites where imazapyr has been used should not be planted or lakes, or over open water. A permit is also required for for at least one year, because of its lingering effects. Imaza- herbicide use below the ordinary high water mark along the pyr is available in several wetland-approved formulations Great Lakes or Lake St. Clair shoreline, whether or not stand- but they must be applied by a certified pesticide applicator. ing water is present. A link to their website is included in the Wetland approved formulations must be used wherever “Online Resources” section. standing or open water is present. A number of adjuvants or additives may be used with Imazamox (e.g., Clearcast®) is also effective against Japanese herbicides to improve their performance including mixing knotweed, although there has been less research on it than agents, surfactants, penetrating oils and dyes. Some are imazapyr to date. Some imazamox formulations are approved included in premixed products while others must be added. for aquatic and wetland sites and can be used in upland Adjuvants do not work with all products; consult the settings also. Because it is non-selective, it may kill or harm product label to determine which adjuvants may be used desirable non-target species, although its impacts vary with with a specific herbicide formulation. concentration and mode of application. See label for ad- Dyes are useful in keeping track of which plants have been ditional information. treated and making spills on clothing or equipment appar- Aminopyralid (e.g., Milestone®), a broadleaf herbicide, is ent. Some premixed herbicide formulations include them or being tested on Japanese knotweed in other states and also they can be added to others. Clothing dyes such as Rit® can appears to provide effective control. Although it does not be added to water soluble herbicides, while other products kill established native grasses, it may damage nearby trees. require oil-based dyes. Consult the product label for specific As it remains active in the soil for a long period of time, a soil instructions. bioassay is needed before planting wildflowers or legumes, Crop Data Management Systems, Inc. (CDMS) maintains a which are particularly vulnerable to it. It may be added to database of agro-chemicals that includes herbicide labels the “Quick reference” chart at the back of this document for specific products. Herbicide labels contain information later, as more information on its effectiveness becomes on application methods and rates, specific weather condi- available. tions, equipment types, nozzles etc. to provide the desired Although glyphosate (e.g., Roundup®, Aquamaster®) kills coverage and minimize the potential for volatilization or knotweed foliage quickly, the herbicide is not effectively drift. They also contain critical information about the poten- transported to the roots. In most cases, the plant rebounds tial for damage to valuable non-target species. A link to the the following year. In other cases, regrowth is reduced, but CDMS website is included in the “Online Resources” section. stems and foliage are deformed and do not provide enough Read the entire pesticide label before use. Follow all surface area for re-treatment. With less surface area, less directions on the label. herbicide will reach the roots and eventually the plant will grow back. On sites where glyphosate is the only permitted Herbicide specifics herbicide, it should be used in conjunction with other con- Imazapyr (e.g., Arsenal®) has shown the greatest docu- trol methods (see the section on Digging under Mechanical mented effectiveness on this species to date. It acts slowly, Control, including the discussion of cutting through roots to reaching the massive root system before damaging the stimulate healthy new growth). Glyphosate, like imazapyr, is leaves. Although it appears to not be working initially, it non-selective and will kill non-target species. results in significantly higher die-off rates a year later. Spray should be directed toward the actively growing por- A number of other herbicides are also effective in control- tions of the plant. ling knotweed including dicamba, picloram and tebuthi- uron but are not recommended because of their potential Imazapyr persists in the soils for long periods of time—an for groundwater contamination. advantage in providing greater control. However, since it is

4 Foliar application On sites where there is reproduction by seed, seedlings may Herbicide can be applied to knotweed leaves in a number be hand-pulled while they are still small. Typically, seeds will of ways; it can be wiped onto individual plants on sensitive not germinate below mature plants but will do so on bare sites or in very small infestations or sprayed on with hand- mineral soils nearby. held, backpack or boom-mounted sprayers. A non-ionic Cutting/Mowing surfactant should be added to allow the herbicide to pen- Cutting or mowing Japanese knotweed is not recom- etrate the plant’s cuticle. Dyes are also useful in indicating mended. Stem fragments can root at the nodes and gener- which plants have been sprayed and the extent of cover- ate new plants. Frequently, knotweed is spread by roadside age. Other adjuvants may be suggested on the labels of the mowing crews in just this manner. Although cutting is often specific herbicide being used. recommended to reduce the plant’s height and facilitate The herbicide applicator is responsible for calibrating treatment, unless all plant parts can be removed and de- equipment, and managing drift and damage to non-target stroyed, the risks outweigh the benefits. vegetation. Wind speeds between 3 and 10 miles per hour are best for foliar herbicide spraying. At higher wind speeds, Digging/Tilling/Excavating herbicide may be blown onto adjacent vegetation or water. For very small infestations (fewer than 50 stems), digging up and removing ALL of the plant’s parts may provide control, At lower wind speeds, temperature inversions can occur, but the site should be carefully monitored for at least four restricting vertical air movement. Under these conditions, years. Again, all plant parts should be destroyed. small suspended droplets of herbicide can persist in a concentrated cloud and be blown off-target by variable gusts of Since root fragments may sprout to form new plants, for wind. Ground fog indicates the presence of a temperature most populations, digging alone will not provide inversion, but if no fog is present, smoke movement on the effective control.Tilling or cutting through roots will also ground can also reveal inversions. Smoke that layers and increase sprouting. Without herbicide, this is disastrous. remains trapped in a cloud at a low level indicates an inver- When the plant’s foliage has been burned by previous sion, while smoke that rises and dissipates indicates good herbicide application, however, this will increase the surface air mixing. area of new, healthy foliage that is available for herbicide absorption during re-treatment. In hot, dry weather, herbicide evaporates rapidly; set equipment to produce large droplets to compensate for this. Excavating living rhizomes from previously treated, deformed plants will also result in new stems with healthy Some herbicides can be applied as invert emulsions; thick- foliage, which will respond more favorably to herbicide ened mixtures designed to minimize spray drift and run-off treatment in the following year. In conjunction with her- and maximize the amount of herbicide that sticks to and bicide applications, the removal of rhizomes may help to covers leaves and stems. Always follow all directions on the deplete a colony’s stored energy. Excavating reduces root label of the specific herbicide being used, in order to pre- biomass and increases the stem to root ratio, allowing a vent damage to non-target vegetation or water bodies. more effective follow-up herbicide treatment for any new Injection foliage. Without herbicide follow-up however, knotweed will Injection is extremely labor intensive and impractical for quickly re-establish with renewed vigor. most situations. It may be useful for applying herbicide Digging, tilling and excavating are never appropriate along on sensitive sites with very small knotweed populations. river or stream banks, where soil disturbance may result in Typically, a measured amount of herbicide is injected into fragments being washed downstream. the plant stem between the second and third node or into the hollow of a cut stem. Stems that are not treated are Prescribed burning not killed. For each type of herbicide, there is a maximum Little information is available on Japanese knotweed’s re- amount that can be applied safely per acre, per year, and sponse to burning but it is not particularly flammable. Giant with large populations, it is possible to reach this amount knotweed has been tested for use as a potential firebreak in before all stems have been treated. Russia and researchers concluded that it “suffers little from the effect of fire.” Mechanical control On sites with fire-adapted communities, Japanese knot- Hand-pulling weed may alter fire ecology as it will not burn, and fuels do Mature Japanese knotweed populations have deep, exten- not accumulate beneath it. If prescribed burning is intro- sive root systems and hand-pulling the species is not an duced as part of an overall management program, Japanese effective control method. knotweed will still require additional control measures.

Invasive Species—Best Control Practices

5 Biological control placed in landfills should be bagged and tied in black plastic bags. Municipal solid waste treatment facilities that are Native North American pests do little damage to Japanese engineered to inactivate potential pathogens in biosolids knotweed, but it has over 200 natural enemies in its native and maintain temperatures above 55° C for at least three range. One species of sap-sucking plant louse, Aphalara consecutive days will safely destroy plant parts. itadori, has been tested extensively for host-specificity in Great Britain. It was released at several sites for field testing Where burning ordinances permit, plant refuse can be dried in Britain in March of 2010. It has not been tested for host- out thoroughly above ground and burned on site. Plant specificity in the United States. parts should not be allowed to contact soil during this time to prevent sprouting. Plant parts should not be composted. Disposal of plant parts Although landscape waste cannot generally be disposed If you must cut knotweed, all plant parts should be dis- of in land fills, Michigan law permits the disposal of invasive posed of carefully to prevent regeneration, in accordance species plant parts. See the “Online resources” section below with Michigan’s invasive species legislation. Options include for a link to the relevant legislation. landfills or some municipal incinerators. Materials to be

Online resources: CDMS - herbicide labels: http://www.cdms.net/LabelsMsds/LMDefault.aspx?t= Fire Effects Information System,Polygonum species: http://www.fs.fed.us/database/feis/plants/forb/polspp/all.html Invasive.org, Fallopia japonica: http://www.invasive.org/species/subject.cfm?sub=3414 Invasipedia at BugwoodWiki, Polygonum cuspidatum \http://wiki.bugwood.org/Polygonum_cuspidatum Invasive Plant Atlas of New England, Polygonum cuspidatum http://www.eddmaps.org/ipane/ipanespecies/herbs/Polygonum_cuspidatum.htm Midwest Invasive Species Information Network, Japanese Knotweed http://www.misin.msu.edu/facts/detail.php?id=25 The Michigan Department of Agriculture and Rural Development—Pesticide Certification www.michigan.gov/pestexam The Michigan Department of Environmental Quality—Aquatic Nuisance Control www.michigan.gov/deqinlandlakes http://www.michigan.gov/deq/0,4561,7-135-3313_3681_3710---,00.html Michigan Department of Natural Resources—Local DNR Fire Manager contact list http://www.michigan.gov/dnr/0,4570,7-153-30301_30505_44539-159248--,00.html Michigan’s Invasive Species Legislation Natural Resources and Environmental Protection Act 451 of 1994, Section 324.4130 http://legislature.mi.gov/doc.aspx?mcl-324-41301 Michigan Legislation—landscape waste, disposal of invasive species plant parts Natural Resources and Environmental Protection Act 451 of 1994, Section 324.11521, 2 (d) http://legislature.mi.gov/doc.aspx?mcl-324-11521 The Nature Conservancy’s Weed Control Methods Handbook: Tools and Techniques for Use in Natural Areas http://www.invasive.org/gist/handbook.html University of Michigan Herbarium - Michigan Flora Online http://michiganflora.net/

6 Invasive Species—Best Control Practices Michigan Department of Natural Resources Michigan Natural Features Inventory 2/2012 Quick reference—Japanese knotweed This chart has been provided as a convenience, to summarize the pros and cons of each herbicide and to present details on adjuvants, concentrations, etc. that do not fit into the discussion in the preceding sections. Although every attempt has been made to ensure accuracy, the product labels for the listed herbicides are the ultimate authority for their usage. Where there are conflicts, always follow the label directions. Techniques are listed in order of general preference by MDNR Wildlife Division staff but not all are suitable for wetlands or sensitive sites. Site conditions vary—choose a method that is best suited to conditions on the site being treated. Anyone using herbicides in the course of their employment is required to be a certified pesticide applicator. Treatment in wetlands or over open water requires a permit from the Michigan Department of Environmental Quality. These chemicals are available in a variety of formulations and concentrations. In some cases, concentration is listed below as a percentage of the active ingredient (AI) to facilitate use of different products. Where this is not possible, the label recommendation for the example product is used. Always follow all directions on the product label including mixing instructions, timing, rate, leaf coverage and the use of personal protective equipment. Herbicide Conc. Adjuvant Timing Pros Cons Imazamox 5% Use a wetland-ap- Spray late September Provides effective Selectivity varies with (e.g., Clearcast®) Clearcast® proved non-ionic or October AFTER control. concentration and mode by volume surfactant (e.g., flowering. Available in formulations of application but it may Cygnet Plus®). that are approved for kill desirable non-target Use dye for wetland and aquatic species. identifying treated sites.

Foliar Spray Foliar areas. Imazapyr 2% AI Use a wetland-ap- Spray late September Provides effective Imazapyr is non- (e.g., Arsenal®) or proved non-ionic or October AFTER control. selective, highly active 3-4 pts/ surfactant (e.g., flowering. Available in formulations in the soil and may kill acre Cygnet Plus®). that are approved for adjacent plants. wetlands. Foliar Spray Foliar Triclopyr ester 3% AI Use a non-ionic Spray late September Provides some control. Less effective than (e.g., Garlon 4 surfactant (e.g., or October AFTER Broad-leaf specific—may imazamox or imazapyr. Ultra®) Cygnet Plus®). flowering. be used where desirable May damage foliage Use dye for grasses are present. without killing roots. identifying treated Not approved for use in

Foliar Spray Foliar areas. wetlands. Triclopyr amine 3% AI Use a wetland-ap- Spray late September Provides some control. Less effective than (e.g., Garlon proved non-ionic or October AFTER Broad-leaf specific—may imazamox or imazapyr. 3A®) surfactant (e.g., flowering. be used where desirable May damage foliage Cygnet Plus®). grasses are present. without killing roots. Use dye for Can be used in wetlands. identifying treated

Foliar Spray Foliar areas. Note: Be careful not to move stems or other plant tissues as Japanese knotweed can regenerate from stem nodes. See section on disposal of plants for additional information. Treated sites should be monitored for at least four years to ensure that there is no regrowth.

7 APPENDIX C

Sites with 1-5 acres of land disturbance, with a discharge to surface waters have automatic coverage without submitting an Notice of Coverage (NOC) if they have obtained the required SESC permit. However, these sites must comply with all of the compliance requirements of Permit-by-Rule (weekly inspections by a certified operator, etc). Sites 5 acres or greater are required to submit a NOC to obtain NPDES authorization.

MICHIGAN’S PERMIT-BY-RULE FOR CONSTRUCTION ACTIVITIES

R 323.2190 National permit for storm water discharge from construction activity. Rule 2190. (1) Unless the Department has required an individual national permit pursuant to the provisions of subrule (3) or (4) of this rule, a point source discharge of storm water from a construction activity will be deemed to have a national permit authorizing the discharge if the criteria of subdivisions (a) and (b) of this subrule is met. Exception: after March 10, 2003, small construction activities, meaning 1 to 5 acres of disturbed soil as defined in R 323.2102(h)(ii) or (iii), are automatically deemed to have a national permit authorizing discharge of storm water in accordance with this rule and are not required to meet the filing requirements of subdivision(a) or (b) of this subrule, subrule (2)(j) of this rule, and subrule(5)(b) of this rule. The construction permittee shall do both of the following: (a) File with the Department, on a form approved by the Department, notice of coverage pursuant to the provisions of this rule before the initiation of construction activity. The notice of coverage shall include all of the following: (i) A copy of the individual soil erosion and sedimentation control permit for the site as issued to the construction permittee; or if the construction activity is to be carried out by an authorized public agency, certification by the authorized public agency that an approved control plan exists; or, for Part 615 or Part 631 permits, a copy of the permit, along with any forms or diagrams pertaining to soil erosion and sedimentation control that were part of the permit application. (ii) Acknowledgement by the construction permittee that any discharge that is made pursuant to the provisions of this rule shall be in compliance with Part 31 of the Act and the rules promulgated thereunder. (iii) A location map and a description of the nature of the construction activity. (iv) The location of the proposed discharge and identification of the receiving water. (v) The total area of the site and the area of the site that is expected to undergo construction activity during the life of the project. (vi) Name and certification number of a certified storm water operator responsible for inspection of the construction activity in accordance with subrule (2)(e) of this rule. (b) Provide a valid signature of the construction permittee or authorized representative on the notice of coverage. If the construction permittee is a partnership, association, corporation, industry, municipality, state agency, or interstate body, the valid signatory for the notice of coverage shall be determined in accordance with R 323.2114. (2) A construction permittee that has authorization to discharge under a national permit pursuant to subrule (1) of this rule shall comply with all of the following provisions: (a) Not directly or indirectly discharge wastes such as discarded building materials, concrete truck washout, chemicals, lubricants, fuels, litter, sanitary waste, or any other substance at the construction site into the waters of the state in violation of Part 31 of the Act or rules promulgated thereunder. (b) Be in compliance with a soil erosion and sedimentation control permit for the site or, if the construction activity is carried out by an authorized public agency, the approved control plan, including the selected control measures that are applicable to the site. (c) Properly maintain and operate the soil erosion control measures. (d) Have the soil erosion control measures under the specific supervision and control of a storm water operator who has been certified by the Department as properly qualified to operate the soil erosion control measures. The certification shall be done in accordance with the requirements of R 323.1251 et seq. (e) Cause the construction activity to be inspected by a certified storm water operator once per week, and within 24 hours after every precipitation event that results in a discharge from the site, and ensure that any needed corrective actions are carried out. A log of the inspections and corrective actions shall be maintained on file by the construction permittee for review and shall be retained by the construction permittee for a period of 3 years from the date of the inspection or corrective action. (f) In accordance with the requirements for on-land facilities as set forth in spillage of oil and polluting materials, being Part 5 of these rules, provide facilities and comply with reporting procedures for containment of any accidental losses of oil or other polluting materials. (g) Dispose of solids, sediment, filter backwash, or other waste that is removed from or results from the treatment or control of storm water in compliance with applicable state laws and regulations and in a manner that prevents any waste from entering waters of the state. (h) Allow the Department to enter upon the site at any reasonable time before the expiration of the authorization to discharge as set forth in subrule (5) of this rule, upon presentation of credentials and other documents as may be required by law, for the purpose of inspecting conditions relating to the pollution of any waters or determining compliance with the provisions of this rule. (i) Upon request, make available for public inspection or provide to the Department all reports or logs prepared pursuant to the provisions of this rule. (j) File a revised notice of coverage in compliance with the provisions of subrule (1) of this rule before any expansion of the construction activity or change in the soil erosion control measures that requires a change in the soil erosion and sedimentation control permit. (3) The Department may require that discharges from a construction activity be authorized by an individual national permit if it has been determined by the Department that unlawful pollution cannot be adequately guarded against, and there is or may be water quality degradation that will violate the commission act unless requirements in addition to those in the soil erosion and sedimentation control permit are imposed. A determination by the Department for an individual national permit or other additional control constitutes grounds for revocation of the authorization to discharge pursuant to the provisions of this rule. (4) The Department may require that discharges from a construction activity be authorized by an individual national permit if it has been determined by the Department that the responsible Part 91 permitting entity or authorized public agency is not carrying out a program that is adequate to ensure that the requirements of Part 91 of the Act are complied with. (5) The authorization to discharge pursuant to the provisions of this rule expires as follows: (a) When the soil erosion and sedimentation control permit expires, or is revoked or terminated by the Part 91 permitting entity in accordance with the provisions of Part 91 of the Act and 1969 PA 306, MCL 24.201 et seq., or when the authorized public agency determines that the project has been completed by the stabilization of earth change activity. (b) Five years from the date of the notice that is filed pursuant to the provisions of subrule (1)(a) of this rule, if the authorization to discharge has not previously expired pursuant to subdivision (a) of this subrule. This authorization may be extended by filing a new notice in compliance with the provisions of subrule (1)(a) of this rule. The construction permittee shall file a notice of termination with the Department, on a form approved by the Department, when authorization to discharge expires as set forth in accordance with subdivision (a) of this subrule. The notice of termination shall include the name and address of the construction permittee, the location of the construction site, and the mailing address, if available, and certification that stabilization of earth change activity has been completed or, if the certification cannot be made, the reason why the authorization to discharge has expired. (6) The Department may revoke authorization to discharge pursuant to the provisions of this rule if an individual national permit is required pursuant to the provisions of subrule (3) of this rule or in compliance with R 323.2159. (7) Nothing in this rule shall be construed to preclude the institution of any legal action or relieve the construction permittee from any responsibilities, liabilities, or penalties to which the construction permittee may be subject pursuant to Part 31 of the Act or rules promulgated thereunder. (8) The provisions of this rule are severable, and if any provision of this rule or the application of any provisions of this rule to any circumstances is held invalid, the application of the provisions of this rule to other circumstances and the remainder of this rule shall not be affected by the invalidity. (9) The construction permittee shall take all reasonable steps to minimize any adverse impact to the surface or groundwaters of the state that result from noncompliance with any of the conditions specified in this rule. (10) If, for any reason, the construction permittee does not comply with, or will be unable to comply with, any of the conditions that are specified in this rule, the construction permittee shall provide the Department with the following information, in writing, within 5 days of becoming aware of the noncompliance or inability to comply: (a) A description of the noncompliance and its cause. (b) The period of noncompliance, including exact dates and times, or, if the noncompliance is not corrected, the anticipated time that the noncompliance is expected to continue and the steps taken to reduce, eliminate, and prevent recurrence of the noncompliance. (11) The provisions of this rule do not convey any property rights in either real or personal property, or any exclusive privileges, authorize any pollution, impairment, or destruction of the natural resources of the state, or the violation of any federal, state, or local laws or regulations, or obviate the necessity of obtaining permits or approvals from other units of government as may be required by law. (12) The provisions of this rule do not exempt the construction permittee from giving notice to public utilities and complying with each of the requirements of 1974 PA 53, MCL 460.701 et seq. (13) This rule shall not provide authorization to discharge storm water from construction activity which is mixed with non-storm water, or which is subject to an existing national permit or general permit.

DEFINITIONS AS USED IN THE PERMIT-BY-RULE

“Act” means 1994 PA 451, MCL 324.3101 et seq., and the rules promulgated under the Act.

“Applicant” means a person who applies to the Department for a state or national permit to discharge waste or wastewaters into the waters of the state by an NPDES application form or a state permit application form.

“Application” means either the uniform national NPDES application form, including subsequent additions, revisions, or modifications thereof, promulgated by the administrator of EPA and adopted for use by the Department or a state permit application form for applying for a permit.

“Approved control plan” means the plan which is prepared by an authorized public agency, which is approved by the Department pursuant to the provisions of section 9110 of Part 91 of the Act, and which contains the soil erosion and sedimentation control procedures that govern all construction activities normally undertaken by the authorized public agency.

“Authorized public agency” means a state, local, or county agency that is designated pursuant to the provisions of section 9110 of Part 91 of the Act to implement soil erosion and sedimentation control requirements with regard to construction activities undertaken by the agency.

“Authorized representative” means a person who has written authorization from the construction permittee to sign the notice of coverage in the name of the construction permittee.

“Certified storm water operator” means an individual who has been certified by the Department pursuant to the provisions of section 3110 of Part 31 of the Act as properly qualified to operate treatment or control facilities for storm water discharges.

“Construction activity” means a man-made earth change or disturbance in the existing cover or topography of land for which a national permit is required pursuant to the provisions of 40 C.F.R. §122.26(a) (2000) and which is any of the following: (i) Five acres or more in size and defined as a construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(14)(x) (2000). (ii) One acre or more in size and defined as a small construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(15) (2000). (iii) Less than 1 acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more. The term includes clearing, grading, and excavating activities. The term does not include the practices of clearing, plowing, and tilling soil and harvesting for the purpose of crop production.

“Construction permittee” means a person who is deemed to have a national permit pursuant to the provisions of R 323.2190 and who owns or holds a recorded easement on the property where a construction activity is located, is constructing in a public right-of-way in accordance with the provisions of sections 13, 14, 15, and 16 of 1925 PA 368, MCL 247.183, 247.184, 247.185, and 247.186 , or is the authorized public agency if a construction activity is carried out by the authorized public agency.

“Department” means the director of the Department of Environmental Quality or his or her designee to whom the director delegates a power or duty by written instrument.

“Discharge” means any direct or indirect discharge of any waste, waste effluent, wastewater, pollutant, or any combination thereof into any of the waters of the state or upon the ground. “Discharger” means any person who discharges, directly or indirectly, any substance defined by section 3109 of Part 31 of the Act, any treated or untreated waste, waste effluent, wastewater, or pollutant; or cooling waters into any of the waters of the state or upon the ground.

“EPA” means the United States Environmental Protection Agency.

“General permit” means a national permit issued authorizing a category of similar discharges.

“National permit” means an NPDES permit, or equivalent document or requirements, issued by the Department to a discharger pursuant to sections 3106 and 3112 of Part 31 of the Act for discharges into surface waters. “NPDES” means the national pollutant discharge elimination system established by the Federal Act. “NPDES form” means any issued permit and any uniform national form which is used by the Department, which is developed for use in the NPDES, and which is prescribed in regulations promulgated by the administrator of EPA, including an NPDES application and a reporting form.

“Part 91 permitting entity” means an agency that is designated by a county board of commissioners pursuant to the provisions of section 9105 of Part 91 of the Act; an agency that is designated by a city, village, or township in accordance with the provisions of section 9106 of Part 91 of the Act; or the Department if the construction activity is under the jurisdiction of 2 or more municipal or county enforcing agencies; or the Department for soil erosion and sedimentation activities under Part 615 or Part 631 pursuant to the provisions of section 9115 of Part 91 of the Act.

“Person” means an individual, partnership, association, corporation, industry, or public body.

“Point source discharge” means a discharge that is released to the waters of the state by a discernible, confined, and discrete conveyance, including any of the following from which wastewater is or may be discharged: (i) A pipe. (ii) A ditch. (iii) A channel. (iv) A tunnel. (v) A conduit. (vi) A well. (vii) A discrete fissure. (viii) A container. (ix) A concentrated animal feeding operation. (x) A vessel or other floating craft. The term does not include a legally established county or intercounty drain, except for a county or intercounty drain that has a POTW designated as part of the drain or a discharge otherwise required to be authorized by a national permit.

“Site” means the area where a construction activity is physically located or conducted, including adjacent land that is used in connection with the construction activity. “Soil erosion and sedimentation control permit” means a permit that is issued pursuant to the provisions of Part 91 of the Act by a part 91 permitting entity.

“Soil erosion control measures” means the measures or procedures to prevent or reduce the pollution of waters of the state that are required in the soil erosion and sedimentation control permit for the site or the selected control measures from the approved control plan that are applicable to the site.

“Stabilization of earth change activity” means the proper placement, grading, or covering of soil or rock at a construction activity to ensure subsequent resistance to soil erosion, sliding, or other earth movement.

“Storm water” means storm water runoff, snow melt runoff, and surface runoff and drainage.

OTHER RULES REFERENCED IN THE PERMIT-BY-RULE

R 323.2114 Permit applications and other NPDES forms; valid signatories. Rule 2114. A state or national permit application form or any other NPDES form submitted to the Department pursuant to these rules shall be signed as follows: (a) For a corporation, by a principal executive officer of at least the level of vice president, or his or her designated representative, if the representative is responsible for the overall operation of the facility from which the discharge described in the permit application or other NPDES form originates. (b) For a partnership, by a general partner. (c) For a sole proprietorship, by the proprietor. (d) For a municipal, state, or other public facility, by either a principal executive officer, the mayor, village president, city, or village manager, or other duly authorized employee.

R 323.2159 State and national permits; modification or revocation by the Department. Rule 2159. (1) The Department may modify any term or condition, including a schedule of compliance, of a permit, or may revoke a permit upon its finding of any of the following: (a) There is a change in any condition that requires a temporary or permanent reduction or elimination of a permitted discharge or constituent thereof. (b) The administrator of EPA issues a regulation prescribing a restriction or prohibition of a waste or wastewater constituent which is not covered by the terms and conditions of a permit, or the regulation is more stringent than any limitation imposed on a wastewater constituent in a permit. (c) A modification of the terms and conditions of a permit or a time schedule thereon is necessary because of an act of God or other conditions beyond the control of the permittee. (d) In the case of discharges from publicly owned treatment works, federal treatment works grant funds are not available or are not sufficient to allow construction of the treatment works in a time schedule set forth in the permit. (e) There is a violation of any term or condition of the permit. (f) The permittee has obtained a permit by misrepresentation or has failed to disclose all relevant facts to the commission. (g) A toxic effluent standard or prohibition, including any schedule of compliance specified therein, is established pursuant to section 307(a) of the Federal Act for a toxic waste or wastewater constituent which is present in the permittee’s discharge and the standard or prohibition is more stringent than any limitation upon the waste or wastewater constituent in the permit. (h) The POTW receives wastewater from a nondomestic source and the development of a pretreatment program is necessary to control the introduction of regulated pollutants. (i) When a request for removal credits is approved in accordance with R 323.2313(a). (2) The Department shall notify the regional administrator of any change in status or condition of a permit and he or she shall have an opportunity to object thereto, in writing, within 45 days before the effective date of the modification. If the regional administrator objects in writing, then the objection shall be resolved before the modification is approved by the Department, unless the right to object is waived, in writing, by the regional administrator. (3) A permittee who is affected by a modification of a permit by the Department shall be notified not less than 90 days before the effective date of the modification and, upon petition therefore, shall have a hearing thereon pursuant to section 3112 of Part 31 of the Act. (4) If the Department modifies an effluent limitation or a schedule of compliance in a permit, notice of the modification shall be mailed to all persons on the Department mailing list for public notices and fact sheets as prescribed by R 323.2124, and any interested person may comment thereon within 30 days following the date of notification.