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Policies & Procedures

Contractor Rules & Regulations

Detroit - Wayne Joint Building Authority

Construction Policies & Procedures

Coleman A. Young Municipal Center
Amended May 18, 2016

POLICY

The Detroit-Wayne Joint Building Authority (hereinafter referred to as the “Authority”) shall ensure that any construction and/or renovation project that may be undertaken in the Coleman A. Young Municipal Center (the “Building”) shall be completed in accordance with this document.

PURPOSE

The purpose of this policy and these procedures is to establish a method by which the City of Detroit (hereinafter referred to as the “City”) or the Charter for the County of Wayne (hereinafter referred to as the “County”) or any other tenant that may occupy the Building (hereinafter referred to individually as the “Tenant” or collectively as the “Tenants”) may undertake construction and/ or renovation projects within their demised areas, or undertake proposed changes or alterations to common elements immediately adjacent to their demised areas (i.e., suite entrances, windows, signage, etc.) within the Building.

APPLICATION

This policy and these procedures shall be applicable to the Authority and to Tenants, and for purposes hereof, the term “Tenant(s)” shall include the consultants, contractors, subcontractors, or any other party engaged by the Tenants and the agents and employees of said party engaged to undertake any construction and/or renovation project at the Building.

PROCEDURES

Except for requirements waived by the Authority in accord.

  • Within ten (10) business days of the Authority’s receipt of the Notice, the Authority shall review the Notice and shall either: (i) provide a conditional approval of the scope of work therein, including any waiver granted pursuant to Section IV(A) 14 hereof, by notifying the Tenant in writing (the “Conditional Approval”); or (ii)submit any comments or concerns regarding the contemplated improvements to the Tenant in writing (the “Request for Information” or "RFI”). Within ten (10) business days of the Tenant’s receipt of the RFI, the Tenant shall provide a written explanation satisfactory to the Authority addressing any concerns raised by the Authority.
  • The review/RFI process set forth in Section IV(A)(2) above shall be repeated until the Tenant’s receive a Conditional Approval from the Authority.
  • Within thirty (30) days of the Tenant’s receipt of a Conditional Approval from the Authority and prior to commencing any demolition and/or improvements, the Tenant shall provide the Authority with the following information:
    • Sealed drawings, elevations and specifications prepared by the project architect including mechanical, electrical, plumbing, architectural and fire/life safety as appropriate for the project;
    • All requisite City of Detroit building permit(s) (Final Certificate of Occupancy and/or finalized permits will be required at the completion of the project);
    • Detailed project budget;
    • Detailed materials and specialties cut sheets;
    • Construction schedules, including commencement and completion dates;
    • Written approval of project funding from their budget and/or finance department, if applicable, or evidence of secured financial for the project;
  • Certificate of insurance evidencing that Tenant has obtained insurance in full force and effect for a term acceptable to the Authority, as follows:
    • Worker’s Compensation Insurance with statutory limits required by the State of Michigan and Employer’s Liability Insurance with limits of at least $500,000.
    • Commercial Liability Insurance with limits for bodily injury and property damage of at least $1,000,000 and Excess Liability (Umbrella) Insurance with limits of at least $5,000,000.
    • Automobile Liability Insurance for all owned, non-owned or hired automobiles to be used with a combined single limit for bodily injury and property damage of at least $1,000,000.
    • The certificate of insurance shall name the Authority and Hines Interests Limited Partnership as additional insured.
  • Such other information as is reasonably requested by the Authority.

Upon satisfactory review and approval by the Authority of the above-referenced information / documentation, the Authority shall provide the Tenant with a written “Notice to Proceed”:

  • Each Tenant shall have the right to bring in an independent construction Contractor to complete an assessment of any and all improvements contemplated within their demised space.
  • All improvements must comply with the Building & Construction Standards, as established by the Authority. No improvements or changes will be permitted that materially affect any existing building systems or compromise Tenant comfort.
  • Any Fire and Life Safety upgrades shall be made exclusively by a contractor engaged by the Authority and Tenant shall reimburse the Authority for all costs associated with such upgrades, inclusive of permits and inspection costs. When a Tenant vacates spaces that were previously altered to accommodate Tenant specific needs, all areas will be restored by the Tenant to original base building conditions. This includes, but is not limited to, removal of any additional equipment for heating, cooling, computer operation, floor distribution or modifications, computer equipment and cabling, UPS equipment, etc. Additionally, any piping, electrical distribution, communication cabling or ancillary equipment (such as chillers, pumps, steam and chilled water risers, battery backup units, etc.) that are located in or pass through any other building areas must also be removed and their respective areas must be restored to base building conditions. In no case shall any equipment be allowed to be abandoned in place.
  • Unless the improvements are completed by the Authority’s contractor, all improvements within the Tenant’s demised space shall be the responsibility of the Tenant and completed by the Tenant and their respective contractors. This shall include (but not be limited to) window treatments, HVAC modifications, emergency lighting and exit signage, communication cabling, addition of new electrical service panels and associated buss riser taps (if required), doors, locks, hardware, and fire alarm upgrades (as previously addressed) and all code compliance issues.
  • No access to the Building will be granted to the contractor(s) nor will work commence prior to the Authority approving the project based on the information required in Section IV above and the Tenant’s receipt of a Notice to Proceed.
  • Any modifications to the scope of work must be approved by the Authority in writing prior to the commencement of such work.
  • All dock access and material movement throughout the Building will be scheduled through the Authority to minimize disruption to existing operations and other Tenants.
  • All employees of Tenants are required to be registered and badged with Building security and shall be bound by all Building rules and regulations at all times within the Building.
  • A Tenant may request in writing to the Authority that specific requirements of Section IV (A) be waived by the Authority. Such requests shall be included in the Notice and any such waiver shall only be effective if granted in writing from the Authority to the Tenant.

If the Authority is the entity contracting with the contractor (“Contracting Agent”), the Tenant and the Authority shall adhere to the following procedure for the selection of a general contractor:

  • The Authority, pursuant to a resolution passed by the Board of Commissioners, and with the assistance of the Tenant, shall prepare a Request for Proposal. The Authority shall issue the RFP pursuant to the terms of the Authority’s Procurement Policy.
  • The Authority shall create a selection committee, which shall entail representatives from the requesting Tenant and Authority staff. The selection committee shall choose the general contractor and submit the final contract to the Authority’s Board of Commissioners for approval.
  • The Authority, pursuant to a resolution passed by its Commissioners, shall execute a contract, which includes indemnification provisions protecting the Authority and the Tenant.
  • If it is determined that the Tenant will be the Contracting Agency, the following procedures shall be utilized:
    • The Tenant shall comply with all the conditions in Part A. above.
    • The Tenant shall adhere to its own procurement rules and regulations.
    • The Tenant shall select a contractor and inform the Authority of its selection. In the event that the contract amount exceeds $50,000, the contractor will be required to secure and deliver to the Authority prior to the award of the construction contract payment and performance bonds in the amount of 100% of the contract amount executed by a surety company authorized to do business in Michigan.
    • The Tenant shall initiate a contract, which shall instruct the vendor that it must inform the Authority of all construction schedules and proposed renovations. The Authority reserves the right to limit or adjust construction hours based on potential construction impact on adjacent Tenants and Building operations.

Compliance with Section IV (A)(14) below, prior to the commencement of any construction and/or renovation activity within the Building, the Tenants and Authority shall adhere to the following procedures:

  • The Tenant will provide the Authority with advance written notice of its intent to perform renovations and/or improvements to its demised space (the “Notice”). The Notice shall, at a minimum, include the following information: (i) identify the areas being improved; (ii) the programmed activity; (iii) scope of work; (iv) general timetable; (v) any considerations in connection with Section IV (A)(4) below; (vi) information regarding whether the Tenant will be directly contracting for the improvements or, alternatively, a whether the Tenant will be requesting to have the Authority contract for the proposed renovations.
  • The Tenant’s construction contract shall contain language that is subject to the approval of the Authority that will indemnify the Authority for all potential liability associated with the construction/renovation.

Abatement / Removal of Hazardous Materials.

  • To the extent the planned construction and/or renovation work contemplates the disturbance, abatement and/or removal of asbestos (including, but not limited to, asbestos fibers and friable asbestos), lead-based paint or other substances, compounds, mixtures or materials that are defined to be, designated as, listed as, or which have characteristics that are hazardous or toxic under any federal, state, or local statutes, ordinances, rules, regulations or law (collectively, “Hazardous Materials”), the Tenant shall not commence the performance of such work until given written authorization by the Authority.
    • The scope of work for said abatement shall summarize and include, at a minimum, all required and incidental labor, equipment, tools, material, permits, fees, inspections, notifications, services, construction administration and supervision to properly complete the abatement activities in accordance with all federal, state, and local laws and regulations.
    • Prior to commencement of any Hazardous Materials abatement activities, the entity contracting with the contractor (“Contracting Agent”) shall obtain, at its own expense, all requisite clearances, permits, certifications, inspections, surveys, reports and licenses, and issue and file all requisite regulatory notifications (including any required notice of intent to abate asbestos to be filed with the State of Michigan).
    • Upon completion of the authorized Hazardous Materials abatement, the Contracting Agent shall issue all requisite regulatory notifications and written documentation to the Authority that the Hazardous Materials abatement and/or removal from the applicable portion of the Building has been completed in accordance with all federal, state, and local laws and regulations.
    • The Authority's environmental consultant will be expected to perform several oversight tasks related to abatement and other work provided by the contractor, including reviewing for completeness NESHAP notification forms prepared by the contractor for signature by the Authority; verifying that the activities of the contractor comply with the abatement plans; inspecting the structures after abatement and remediation to confirm that all potentially Hazardous Materials required to be abated or remediated prior to construction/renovations have been abated or remediated; signing waste manifests on behalf of the Authority and copying the Authority; and reviewing and certifying waste profile forms on behalf of the Authority and copying the Authority. Compliance of the Authority with this Section IV (D)(5) will in no way relieve the Tenant or contractor from compliance with the requirements of state, federal and local laws or from compliance with the requirements of this policy and these procedures.

COMPLIANCE

In addition to all remedies available at law and in equity, failure to comply with any of the requirements of this policy and these procedures may result in the Authority taking actions that include the following:

  1. Denial of access to the Building by Tenant’s contractors and subcontractors.
  2. Denial of access to the Building’s loading dock.
  3. Suspension of Tenants work in the Building until the Authority determines in writing that the Tenant is in compliance with this policy and these procedures.

The Board of Commissioners of the Authority has authorized the Authority’s Executive Director to determine if a Tenant or Contractor has failed to comply with this policy and these procedures, and the Executive Director has been authorized by the Board of Commissioners to take any of the actions provided for in this Section V(A).

EFFECTIVE DATE: May 18, 2016

LEGAL AUTHORITY: Michigan Building Authorities, Act 31 of the Public Acts of 1948, First Session, as amended (Compiled Laws 123.951. et seq.)

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