Design Build Attachments including Scope, Comensation Schedule ...

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25 Νοε 2013 (πριν από 4 χρόνια και 7 μήνες)

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The Contractor under penalty of bond attached, shall furnish all labor, materials,
equipment and appliances necessary to do all the work as set forth under this
Agreement to the specifications,
technical specifications,
bonds and other

which are part of this Agreement
, as they may be amended from
time to time and approved by the City Engineer

in a manner, time and place as herein
set forth.




The City agrees to pay the Contractor the total estimated price for all work described in
this Agreement of $_______, more or less,

as indicated in the attached project Budget,
which is hereby incorporated herein by reference,
to be paid pursuant to the procedures
established in this Agreement





Technical Specifications
Phase 1


Selective Demolition: .SEE NOTES ON DEMO DRAWING

Earthwork: Excavate to required elevations for site utilities, footings, foundations and slabs on

grade. Correct over excavation with

engineered fill or lean concrete as acceptable to structural

engineer. Back fill with approved fill materials, compacting to 95% modified proctor inside

building lines, within 15' of building foundations and under pavements or walks; compact all other

as to 90% modified proctor. Comply with requirements of authorities having jurisdiction for

protection (barricades, warning flashers, etc.) of excavations, trenches etc.

Protect existing site improvements from damage due to construction operations

Site C
oncrete: Provide 3,500 psi concrete with 4
7% air entrainment for all site concrete exposed

to weather and or de
icing salts. Finish concrete walks with a light broom finish perpendicular to

primary direction of travel. Seal exposed site concrete with Sonn

approved equal.

Interlocking Concrete Pavers: Where walks, drives or parking areas are indicated as “concrete

pavers” provide high strength (8,000 psi) interlocking pavers equal to Fendt Builders Supply

Carousel Stone
for walks and
land Stone
for drives and parking areas.

Compact sub
grade to 95% proctor. Prepare and compact sub
base per National Concrete

Masonry Association Tek #87. Spread 2" layer of sharp sand, place pavers in pattern(s)

indicated and compact in place

with flat plate compactor. Finish by sweeping sharp sand over

surface until all joints are filled.

Retaining Walls Construct reinforced concrete retaining walls to profiles shown. Install in strict

accord with plans and details.

Landscaping: Restore lawns

and planting beds damaged by construction operations to conditions

existing prior to start of construction operations.

Division 3


Place Concrete: Construct forms to provide finish desired and to contain concrete and

placement operations

without distortion, bowing or other displacement. Reinforce with Grade 60

bars, deformed. Provide concrete with a 28 day compressive strength of 3,500 psi, slump not

greater than 4" for slabs 2,500 psi, and slump not greater than 3" for structural concret
e. Place

slabs over 6 mil polyethylene vapor barrier. Protect from excessive heat or cold. Finish

concealed concrete work by removing fins or other projections, breaking back ties, and patching

voids and honeycombs flush with finish plane. Finish slabs wit
h steel trowel to level tolerances

of 1/8" in 10'. Cure concrete surfaces for not less than 7 days though moisture retaining cover

and/or chemical cure and seal.

Division 4


Patching Unit Masonry: Provide modular face brick, matching work to be pa
tched as closelly as

possible, grade SW per ASTM C216, for exterior work. Provide Type ‘N’ mortar, color to match


Division 5


Cold Formed Metal Framing: Where partitions and decks are load bearing, provide galvanized

(equivalent to G60), “
C” shaped, metal framing components where detailed or scheduled


with gages and depths shown. Weld similar components, bolt dissimilar components. Touch up

damaged galvanized finish with “ZRC” or approved equal.

Metal Fabrications: Comply with ASTM E

985 based on testing per ASTM E 894 and E 935 for

railings and guards. Hot dip galvanize after fabrication exterior work or work built into exterior

walls, including lintels, hand rails and guards, exterior stairs, equipment maintenance platforms,

etc. Fa
bricate code coplying helical stair with non
slip treats, hand rails and gurds for complete

funtioning stair.

Division 6

Wood and Plastics

Rough Carpentry: Provide wood blocking, furring etc. as required to provide support and


for other systems. Preservative pressure treat (and kiln dry after treatment) all roof

blocking and similar items built into exterior closure systems. Provide APA grade, exterior

plywood (CDX or better) or OSB for roof sheathing in thicknesses shown. Prov
ide fire retardant

treated tongue and groove plywood for the projection room deck and electrical, communications

or technology panel back boards. Provide engineered lumber products for headers, girders,

etc. as detailed, equal to
Truss Joist
, et
c. as manufactured by

Provide framing anchors, brackets and fasteners as detailed, hot dipped galvanized if exposed to


equal to Simpson Strong Tie or Hickman

Metal Plate Connected Prefabricated Wood Roof Trusses: Comply with re
quirements of Truss

Plate Institute. Construct of machine graded lumber to meet stresses developed by ground snow

load of 70 psf. Provide shop drawings and design calculations sealed by engineer registered in

the State of Michigan. Erect and install in acc
ord with truss manufacturer’s instructions. Install

bracing and bridging exactly as shown on approved shop drawings.

Division 7

Thermal and Moisture Protection

Waterproofing: Provide bituthane or approved equal waterproofing, and protection board where

shown.} Back fill per manufacturer’s recommendations to avoid damage to waterproofing


Building Insulation: Insulate exterior walls and underside of wood roof decks with minimum R

19 spray on urethane foam insulation system. Comply with foam manu
facturer’s installation

instructions. Provide spray on thermal barier over insulation system where insulation is not

otherwise protected.

Single Ply Membrane Roofing Systems: Provide 40 mil, mechanically attached, reinforced

thermoplastic (PVC) roofing sys
tem, including flashing, anchorage devices, roof edge, surface

protection boards, and other similar items required for complete, watertight roofing assembly.

Provide roofing systems equal to Sarnafil, Cooley (Republic Powdered Metals) Durolast, Carlisle,

irestone or Versico. Comply with manufacturer’s recommended details for tying into existing

roof gutter, terminating at parapets, and tying into existing roofiong systems to remain in place.

Provide roofing system with a 20 year warranty against failure of

materials and or labor and

failure to remain watertight.

Alternate Single Ply Roofing: Provide alternate for 60 mil, fullly adhered reinforced PVC roofing

system. equal to
Sarnafil or Duro
Include adhesives,, roof edge, flashing and counter


materials approved by primary manufacturer

Roof Accessories: Provide prefabricate roof hatch with insulated, self flashing aluminum curb

and insulated aluminum, hinged, spring assisted, hatch cover, equal to those manufactured by

Bilco or Milcor.


and Calks: Provide multi
component polyurethane based sealants for exterior control

joints and joints between dissimilar materials

use pourable type sealants for horizontal traffic

joints. Provide color as selected by architect. Include closed cell foam b
acker rods to maintain

proper sealant shape and depth. Provide single part, paintable acrylic emulsion sealants for

interior joints between dissimilar materials.

Division 8

Windows and Doors

Steel Doors and Frames: Provide welded steel door and borrowed
light frames 16 gage for

interior, 14 gage and galvanized for exterior. Provide U/L or other approved labels on doors and

frames filling fire rated openings. Provide SDI
100, Grade 2 heavy duty interior hollow metal

doors with 18 gage (minimum) face skins.

Provide SDI
100, grade 3 extra heavy duty insulated

galvanized exterior doors with 16 gage (minimum) face skins and top and bottom closure

channels. Provide door systems equal to “Total Door” for cross corridor doors. Provide doors

and frames with manufac
turer’s standard, lead and chromate free, rust resistant baked on primer


Flush Wood Doors: Provide AWI
grade, PC
7 flush wood interior doors, with plain

sliced red oak face veneers. Match appearance of standard doors for fire rated door
s and

provide U/L or other label accepted by Michigan Office of Fire Safety. Pre
fit, pre
machine and

finish doors at manufacturer’s plant and/or supplier’s shop. (AWI #2 or #3 finish system.)

Provide manufacturer’s standard system for framing lights i
n doors, wood framed when available

in fire rated doors, otherwise provide primed steel frame.

Aluminum Entrance and Storefront: Provide thermally broken, extruded aluminum entrance and

storefront framing systems equal to Kawneer 450T

Series with medium style door systems.

Provide high performance coating equal to
to match architect’s sample. Provide

1" insulated glazing systems for all exterior glazed area (1/4" single pane at interior vestibules),

safety rated at doors

and other areas required by CPSC rules. Provide pneumatic or electric

driven barrier free door operators at main entrance doors (Stanley LCN or Besam)


power supplies, compressors, controllers, push button activators, and similar components

d for a complete, operating system. Provide continuous, geared hinges at all doors

(Select, Roton or Hager). Include extruded aluminum, thermally broken thresholds, push bar

type exit devices (Von Duprin 99), and manufacturer’s standard compressible weathe
r strip


Finish Hardware: Provide finish hardware for each door as follows:

Exterior Exit Doors:

Continuous geared hinges equal to Select SL

Exit devices equal to Von Duprin 99L Series (Lever handles)

Closers equal to LCN 4110
CUSH series

8" K
ick Plate

ADA Comliant, thermally broken extruded aluminum saddle type threshold

Weather strip with sweep

Office Doors:

1 ½ pr Ball Bearing Butts, 4 ½ x 4 ½

1 Office Function Lever Handle Lockset equal to Schlage Series


1 Closer equal to LCN 4110 seri

1 Wall Stop

1 8" Kick Plate

Multiple Occupancy Toilet Room Doors:

1 ½ pr Ball Bearing Butts, 4 ½ x 4 ½

1 set Push/Pull equal to HEWI 8" pull w/ 3 ½ x 15" push plate

1 Closer equal to LCN 4110 Series

1 Wall stop

1 8" Kick Plate


Occupancy Doors:

1 ½ pr Ball Bearing Butts, 4 ½ x 4 ½

1 Storeroom Function Lever Handle Lockset equal to Schlage

Series “D”

1 Closer equal to LCN 4110 Series

1 Wall Stop

1 30" Armor Plate

Glass and Glazing: Provide fire and safety rated glazing in fire
ted doors and frames equal to

Firelite Plus
. At non
rated interior doors and frames provide 1/4" tempered float glass. At

exterior, where units are not pre
glazed, provide 1" insulating glass, outer lite ½" low “E”, ½" air

space and inner lite 1/4"
clear float glass. Provide safety rated glass in doors and elsewhere

required by CPSC regulations.

Division 9


Gypsum Drywall Systems: Provide only asbestos free materials. Provide gypsum drywall

assemblies to match those shown, with fire ratings

matching those required for this project.

Provide 5/8" gypsum board or Type X gypsum board complying with ASTM C36, except provide

fiber reinforced gypsum board equal to
for first 4' above finish floor in public areas.

Provide steel stud framing

system complying with ASTM C 754 and ASTM C645. Provide three

coat (smooth) finishing system, with setting type taping coat and drying type finish coats.

Provide corner beads and/or j channels at all exposed edges or junctions with dissimilar

materials. P
rovide control joints at no more than 30' o.c. and, in
partitions, at one side

of all doors and/or windows. Include mineral fiber acoustic batt insulation and synthetic rubber

sealants at scheduled partition systems. Use flexible, polyurethane ad
hesives for laminating

multiple layers in sound wall systems.



The parties agree not to discriminate against an employee or applicant for employment with
respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly o
indirectly related to employment because of their actual or perceived race, color, religion,
national origin, sex, age, height, weight, marital status,
physical or mental disability
, family
status, sexual orientation, or gender identity. Breach of this
covenant may be regarded as a
material breach of this Agreement.





the ____ day of ________________,

2013, by and between



Michigan municipal corporation, of 400

Boardman Avenue, Traverse City, Michigan
49684, (the “City”)
a Michigan non
profit corporation, of
233 East
Front Street, Traverse City,
Michigan 49684



WHEREAS, the City and TCFF have entered into an Agreement for Con Foster Building
Management dated _______________; and

WHEREAS, pursuant to that Agreement TCFF is responsible for preparation of specifications and
providing any and all funding for construction of building and site improvements of renovations to
the Con Foster Building located within Clinch Park so that it may be used as a single
screen film theater
and for other related purposes as outlined in the A
greement for Con Foster Building Management; and

WHEREAS, the City will remain the owner of the Con Foster Building and any improvements
upon completion; and

WHEREAS, TCFF desires for the City to enter into a Consultant Agreement and Construction
ct with
DargaWorks Inc.

for Construction Management Services (the “Contractor”) for the
renovations to the Con Foster Building; and

WHEREAS, TCFF desires the City t
o enter into an Agreement with Bob Stow

(the “Architect”) for
Architectural Services in co
nnection with the design and specifications for the renovations to the Con
Foster Building; and

WHEREAS, the City has determined that it will enter into such agreements for professional
services related to the renovations to the Con Foster Building as
Contractor and Architect have the
necessary skill and ability for such services and Contractor has agreed that its services shall be
compensated in the amount of
$1.00 and that Architect has agreed that its services shall be
compensated in the amount of $1
.00 plus reimbursement of up to $2,500 for insurance premiums
related to the project; and

WHEREAS, under the terms of the Management Agreement, TCFF shall be responsible for all
costs associated with the renovations to the Con Foster Building; and

EREAS, TCFF has placed funds with the ____________ (“_______”) for the dedicated
purpose of renovations to the Con Foster Building in account number ____________ (the “Fund”); and

WHEREAS, the Fund amount is at least $450,000, which is the budget amount
for renovations to
the Con Foster Building; and

WHEREAS, TCFF desires that those funds be made available and distributed to the City for the
purpose of renovations to the Con Foster Building pursuant to the terms of the Construction Manager

NOW THEREFORE, the City and TCFF agree as follows:


The City shall have exclusive access to the Fund and shall have the right to receive
distributions from the Fund. Once the City is authorized to access and receive distributions from the
Fund, TCFF w
ill no longer have any right to access or receive distributions from the Fund for any reason
except as agreed by the City in writing.


Prior to the City entering into the Construction Management Agreement with
Contractor, TCFF shall provide the City wit
h assurances satisfactory to the City that the City has exclusive
access to the Fund and may receive distributions from the Fund at any time pursuant to TCFF’s Policies
and Procedures.


The City shall endeavor to provide TCFF with notice each time it in
tends to access and
receive distributions from the Fund.


TCFF shall be responsible for all Fees related to the Fund during the term of this


In the event that the cost of renovating the Con Foster Building exceeds the Fund
amount, TCFF

shall obtain the necessary funds within a timeframe required by the City to reimburse the
City for those costs to the extent that such costs become the responsibility of the City under the terms
of either the Architect or Consultant Agreements. In
the ev
ent that an unforeseen condition or other
matter that may affect the cost and time of completion of the project is discovered prior to the Building
Construction phase of the Project, all work shall cease on the Con Foster Building and the unforeseen
ion or other matter shall be evaluated by the City and TCFF to determine whether the Con Foster
Building project shall continue. The Con Foster Building project will not continue unless TCFF agrees
by amendment to this Agreement that such funds as may be
necessary to cure the unforeseen condition or
other matter will be deposited in the Fund and made
available to the City under the same terms and
conditions of this Agreement and such funds are deposited
. If TCFF fails to amend this Agreement and
make the
necessary deposit, the contract with Contractor shall terminate. If during and after the Building
Construction phase, a change in the work as detailed in the Construction Contract Documents is deemed
necessary by the Architect that will result in the cost

of the Con Foster Building project exceeding the
Fund Amount, TCFF shall deposit such amount as necessary in the Fund within a timeframe required by
the City and shall make it available to the City under the same terms and conditions of this Agreement.


Following completion of the Con Foster Building renovations or termination of the
contract with

(Contractor) and payment of all contractors, subcontractors, and suppliers
and receipt of all releases, lien waivers, or other documentation as dee
med necessary by the City as
indicated by the City in writing, Fund access shall return to TCFF and the City shall no longer have any
right to access or receive distributions from the Fund.

Dated: ___________, 2013



Michael Estes, Mayor


Benjamin C. Marentette, Cit
y Clerk

Dated: ____________, 2013



Michael Moore


Approved as to Substance:


R. Ben Bifoss, City Manager

Approved as to Form:


Lauren Trible
Laucht, City Attorney