gaylord community schools · gaylord community schools new early childhood center playground july...

PROJECT MANUAL

for

GAYLORD COMMUNITY SCHOOLS

New Early Childhood Center Playground

PROJECT NO. 0151-11D2

July 5, 2011

GAYLORD COMMUNITY SCHOOLSNew Early Childhood Center Playground

July 5, 2011

Anthony Esson, Architect Project Title Page 00 01 01-1

DOCUMENT 00 01 01

PROJECT TITLE PAGE

PROJECT NAME: Gaylord Community SchoolsNew Early Childhood Center Playground

CONTRACT Cheboygan Otsego Presque Isle Education Service DistrictAGENCY: 6065 Learning Lane

Indian River, MI 49749Contact: Jamie HuberPH: 231/238-9394 ext 211Fax: 231/238-8551

OWNER: Gaylord Community School615 Elm StreetGaylord, MI 49734Contact: Jackie Warren, Maintenance DirectorPH: 989/705-3013Fax: 989/731-2914

ARCHITECT: Anthony Esson, Architect

Mailing Address:P.O. Box 479Gaylord, MI 49734

Shipping Address:2111 Forester DriveFrederic, MI 49733

Contact: Anthony P. Esson, Architect, LEED APPH: 989-732-0585Fax: 989-732-2102E-mail: [email protected]


July 5, 2011

Anthony Esson, Architect Table Of Contents 00 01 10-1

DOCUMENT 00 01 10

TABLE OF CONTENTS

Section Title

PROCUREMENT AND CONTRACTION REQUIREMENTS GROUPDIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 01 Project Title Page................................................................................................................ 100 01 10 Table of Contents................................................................................................................ 3

PROCUREMENT REQUIREMENTS

00 11 16 Invitation to Bid.................................................................................................................... 200 21 14 Instructions to Bidders ........................................................................................................ 1

AIA A701-1997 as Modified ................................................................................................ 700 41 13 Bid Form - Stipulated Sum.................................................................................................. 300 45 01 Familial Disclosure Statement ............................................................................................ 1

CONTRACTING REQUIREMENTS

00 52 14 Agreement Form ................................................................................................................. 1AIA A107-2007 as Modified .............................................................................................. 26

00 72 14 General Conditions ............................................................................................................. 1

SPECIFICATIONS GROUPGENERAL REQUIREMENTS SUBGROUP

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 Summary............................................................................................................................. 301 20 00 Price and Payment Procedures .......................................................................................... 501 30 00 Administrative Requirements .............................................................................................. 501 33 00 Submittal Procedures.......................................................................................................... 501 40 00 Quality Requirements.......................................................................................................... 401 50 00 Temporary Facilities and Controls ...................................................................................... 501 60 00 Product Requirements ........................................................................................................ 301 70 00 Execution and Closeout Requirements............................................................................... 7

FACILITY CONSTRUCTION SUBGROUP

DIVISION 02 - EXISTING CONDITIONS

02 41 19 Selective Structure Demolition............................................................................................ 3


July 5, 2011

Anthony Esson, Architect Table Of Contents 00 01 10-2

DIVISION 11 – EQUIPMENT

11 68 16 Playground Structures and Equipment ............................................................................. 19

FACILITY SERVICES SUBGROUP

DIVISION 22 – PLUMBING

22 00 01 General Plumbing Requirements........................................................................................ 722 07 19 Plumbing Piping Insulation.................................................................................................. 422 10 05 Plumbing Piping .................................................................................................................. 422 10 06 Plumbing Piping Specialties................................................................................................ 2

SITE AND INFRASTRUCTURE SUBGROUP

DIVISION 31 – EARTHWORK

31 05 13 Soils for Earthwork .............................................................................................................. 231 00 00 Site Clearing........................................................................................................................ 231 22 13 Rough Grading.................................................................................................................... 331 23 17 Trenching ............................................................................................................................ 4

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 05 16 Aggregates for Exterior Improvements ............................................................................... 232 11 23 Aggregate Base Course...................................................................................................... 332 13 13 Concrete Paving.................................................................................................................. 632 18 16 Playground Protective Surfacing......................................................................................... 532 31 13 Chain Link Fences and Gates............................................................................................. 532 91 19 Landscape Grading............................................................................................................. 232 92 19 Seeding ............................................................................................................................... 4

END OF SECTION


July 5, 2011

Anthony Esson, Architect Invitation To Bid 00 11 16-1

DOCUMENT 00 11 16

INVITATION TO BID

Project: Gaylord Community Schools; New Early Childhood Center Playground

Contract Agency:

Cheboygan Otsego Presque Isle Education Service District6065 Learning LaneIndian River, MI 49749

Owner:

Gaylord Community Schools615 South Elm StreetGaylord, Michigan 49735

Architect/Engineer:

Anthony P. Esson, Architect, PLLCPO Box 479Gaylord, Michigan 49734

Date: July 5, 2011

Cheboygan Otsego Presque Isle Intermediate School District will receive Bids from qualified Bidders forconstruction of a new Playground facility located at Gaylord Community Schools Board Office/CommunityEducation Building; 615 South Elm Street, Gaylord, MI 49735 for the following project:

Description: New Playground facility including site grading; concrete sidewalks; fencing; guard railings;playground structures; playground surfacing; and storm water drain remodeling.

Sealed Bids may be mailed or delivered in person to Gaylord Community Schools; 615 South Elm Street,Gaylord, MI 49735; c/o Jackie Warren, Maintenance Director. Bids must be received prior to 3:00 PM localtime on July 28, 2011. Bids will be opened publically and read aloud in the Board Meeting Room located inthe Board Office Building; 615 South Elm Street, Gaylord, MI 49735 immediately following the closure of thebidding period. The Owner/Contract Agency will not consider or accept a bid received after the date and timespecified for bid submission. Post Bid Interviews with the apparent low Bidder(s) will be scheduled followingreceipt of Bids. All Bids will be evaluated at a later date.

The Owner/Contract Agency requires that the Project be substantially complete not later than the sixth day ofSeptember, 2011.


July 5, 2011

Anthony Esson, Architect Invitation To Bid 00 11 16-2

Bidding Documents will be available on or about July 11, 2011, and will be on file for inspection at thefollowing locations:

www.copesd.orgConstruction News Service of MichiganBuilders Exchange Traverse City, Grand Rapids, Lansing, and SaginawConstruction Association of MichiganReed Construction DataMcGraw Hill, F.W. Dodge, Lansing

Bidding Documents will be available to Bidders in electronic format (.pdf) by download for the Owner’swebsite free of charge. Visit www.copesd.org to obtain electronic copies. Paper copies of BiddingDocuments may be purchased from Traverse Reproduction & Supply Company; 1373 Barlow Street,Traverse City, MI 49686; telephone 231/947-6284, fax: 231/947-6552. Requests for paper copies of BiddingDocuments shall be made to Traverse Reproduction & Supply Company at the address above. Each requestshould be accompanied by the Bidders name, mailing address, shipping address if different, telephone andfax numbers, and e-mail address. Contact Traverse Reproduction & Supply Company for non-refundableBidding Document purchase pricing and shipping costs.

Each Bidder shall include with its Bid, a sworn and notarized statement disclosing any familial relationshipsthat exist between the owner or any employee of the Bidder and any member of the Board of Education ofthe Superintendent of the School District. Failure to submit the required Familial Disclosure Statement willresult in disqualification of the Bidder without exception.

A Bid security in the amount of 5 percent of the Bid Sum in the form of a Bid Bond, or certified check payableto the Owner shall accompany each Bid. A personal or company check does not constitute a Bid security.

Refer to other bidding requirements described in Document 00 21 14.

Bids shall be submitted on the Bid Form provided in the Bidding Documents. Bidders may supplement thisform as appropriate.

The successful Bidder will be required to furnish Performance and Labor/Material Payment Bonds in theamount of 100% of the contract amount.

Bids will be required to be submitted under a condition of irrevocability for a period of 30 days aftersubmission.

The Owner/Contract Agency reserves the right to accept or reject any or all Bids, either in whole or in part; toaward the Contract to other than the lowest Bidder; to waive any irregularities and/or informalities; and ingeneral to make awards in any manner deemed to be in the best interest of the Owner.

END OF DOCUMENT


July 5, 2011

Anthony Esson, Architect Instructions To Bidders - AIA 00 21 14-1

DOCUMENT 00 21 14

INSTRUCTIONS TO BIDDERS - AIA

1.1 SUMMARY

A. Document Includes:1. Instructions to Bidders.2. Site examination.

B. Related Documents:1. Document 00 11 16 - Invitation to Bid.2. Document 00 41 13 - Bid Form - Stipulated Sum (Single-Prime Contract).3. Document 00 52 14 – Agreement Form – AIA:

a. Definitionsb. Contract Time identification.c. Contractors fees for changes.d. Contractor’s liability insurance.e. Bond types and values.

4. Document 00 72 14 – General Conditions – AIA

1.2 INSTRUCTIONS TO BIDDERS

A. These Instructions to Bidders amend or supplement AIA Document A701-1997 - Instructions toBidders and other provisions of Bidding Documents and Contract Documents.

1.3 SITE EXAMINATION

A. Examine the Project site before submitting a Bid.

B. Contact Owner at the following address and phone number to arrange date and time to visitProject site:1. Address: Gaylord Community Schools; 615 South Elm Street, Gaylord, MI 49735.2. Telephone: 989/705-3013.

END OF DOCUMENT

Tqhtoips QMFGc\

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FORSQTHSMPOR SP CMIIJQR

AIA Document A701™ – 1997. Copyright © 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA®

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®

Document, or anyportion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document wasproduced by AIA software at 17:02:20 on 07/07/2011 under Order No.8444368672_1 which expires on 07/07/2012, and is not for resale.User Notes: (1936876393)

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This document has important

legal consequences. Consultation

with an attorney

is encouraged with respect to

its completion or modification.

jqr sli jqnnqumpk _a^ZUScP(Name and location or address)Gaylord Community SchoolsNew Early Childhood Center PlaygroundAEA Project No. 0151-11D2

cXU ^f]UaP(Name, legal status and address)Gaylord Community Schools615 South ElmGaylord, MI 49735

cXU S^]caQSc QWU]Sg(Name, legal status and address)Cheboygan Otsego Presque Isle Education Service District6065 Learning LaneIndian River, MI 49749

cXU QaSXYcUScP(Name, legal status and address)Anthony Esson, ArchitectPO Box 479Gaylord, MI 49734

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QacYS[U G TUVY]YcY^]bx GEG Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The BiddingRequirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions toBidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of theform of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and otherConditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract.

x GEH Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or inother Contract Documents are applicable to the Bidding Documents.

x GEI Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract whichmodify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

x GEJ A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted inaccordance with the Bidding Documents.

x GEK The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in theBidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated inAlternate Bids.

x GEL An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of theBase Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

x GEM A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment orservices or a portion of the Work as described in the Bidding Documents.

x GEN A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the BiddingDocuments.

x GEO A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion ofthe Work.

x GEGF A Plan Holder is a person, firm, or entity, including designated plan rooms, that has obtained a set of BiddingDocuments from the issuing office for use in preparation and submission of a Bid. Persons, firms, or entities thatobtained Bidding Documents from a plan room, third party, or from any other than the issuing office are not PlanHolders.

QacYS[U H RYTTUavb aU_aUbU]cQcY^]bx HEG The Bidder by making a Bid represents that:x HEGEG The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that suchdocumentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, beingbid concurrently or presently under construction.

x HEGEH The Bid is made in compliance with the Bidding Documents.

x HEGEI The Bidder has visited the site, become familiar with local conditions under which the Work is to be performedand has correlated the Bidder’s personal observations with the requirements of the proposed Contract Documents.

x HEGEJ The Bid is based upon the materials, equipment and systems required by the Bidding Documents withoutexception.

QacYS[U I RYTTY]W T^Sd\U]cbx IEG S^_YUbx IEGEG Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in theAdvertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will berefunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good good, unmarked condition




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within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted fromthe deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder’s deposit will berefunded.

x IEGEH Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisementor Invitation to Bid, or in supplementary instructions to bidders.

x IEGEI Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architectassumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of BiddingDocuments.

x IEGEJ The Owner and Architect may make copies of the Bidding Documents available on the above terms for thepurpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the BiddingDocuments.

x IEH Y]cUa_aUcQcY^] ^a S^aaUScY^] ^V RYTTY]W T^Sd\U]cbx IEHEG The Bidder shall carefully study and compare the Bidding Documents with each other, and with other workbeing bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid issubmitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistenciesor ambiguities discovered.

x IEHEH Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make awritten request which shall reach the Architect at least seven days prior to the date for receipt of Bids.

x IEHEI Interpretations, corrections and changes of the Bidding Documents will be made by Addendum.Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, andBidders shall not rely upon them.

x IEHEJ The Architect has endeavored to prepare Bidding Documents without conflicts or inconsistencies, however, itshall be recognized by the Bidder that conflicts and inconsistencies in the Plans and Specifications do occur. As such,in the case of a conflict or inconsistency in the Plans or Specifications that affects the Bid price, the Bidder shall

include and/or shall be deemed to have included the higher quantity or quality of Product or material, and/or morelabor intensive or costly installation in the Bid.

x IEHEK The Architect has endeavored to coordinate the various aspects of the project in preparation of the BiddingDocuments, however, is shall be recognized by the Bidder that components of the Work of any one trade may beidentified at various locations throughout the Bidding Documents. As such, the successful Bidder shall be responsiblefor the Work identified in the Contract Documents as a whole without regard to the specific location of the

information within the Contract Documents.

x IEI bdRbcYcdcY^]bx IEIEG The materials, products and equipment described in the Bidding Documents establish a standard of requiredfunction, dimension, appearance and quality to be met by any proposed substitution.

x IEIEH No substitution will be considered prior to receipt of Bids unless written request for approval has beenreceived by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name ofthe material or equipment for which it is to be substituted Where the Bidding Documents stipulate a particular Productwith a provision for substitutions, substitutions will be considered by the Architect/Engineer up to ten (10) days priorto receipt of bids. Proposer shall submit a written request for approval to the Architect including the name of the

material, product and/or equipment proposed and a complete description of the proposed substitution proposalincluding drawings, product data, performance and test data, and other information necessary for an evaluation. Aevaluation of the proposal. Proposer shall include a statement setting forth changes in other materials, equipment orproducts, equipment and/or other portions of the Work, including Work including any changes in the work of othercontracts trades that incorporation of the proposed substitution would require, shall be included. require. The burden




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of proof of the merit of the proposed substitution is upon the proposer. The Architect’s decision of approval ordisapproval of a approval or disapproval of the proposed substitution shall be final.

x IEIEI If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in anAddendum. Bidders shall not rely upon approvals made in any other manner.

x IEIEJ No substitutions will be considered after the Contract award unless specifically provided for in the ContractDocuments.

x IEIEK Where Bidding Documents allow "or equal" Products, substitutions may be made at the Bidder’s discretion.Products substituted shall provide equal function, performance, dimension, appearance and quality as provided by thespecified product. The Architect reserves the right to reject substitutions not meeting criteria for equal function,

performance, dimension, appearance and quality. In that event, Contractor will be required to provide productsmeeting equal function, performance, dimension, appearance and quality criteria at no additional cost to the Owner.Preapproval of products specified as "or equal" prior to the receipt of Bids is not required, and the Architect will notrespond to requests for preapproval.

x IEIEL Where the Bidding Documents stipulate a particular product with no provision for substitutions, substitutionwill not be considered. The Architect will not respond to requests for substitutions for products specified "nosubstitutions" or "substitutions not permitted".

x IEJ QTTU]TQx IEJEG Addenda will be transmitted to all who are known Plan Holders by the issuing office to have received acomplete set of Bidding Documents.

x IEJEH Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for thatpurpose.

x IEJEI Addenda will be issued no later than four three days prior to the date for receipt of Bids except an Addendumwithdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

x IEJEJ Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and theBidder shall acknowledge their receipt in the Bid.

QacYS[U J RYTTY]W _a^SUTdaUbx JEG _aU_QaQcY^] ^V RYTbx JEGEG Bids shall be submitted in duplicate on the forms included with the Bidding Documents.

x JEGEH All blanks on the bid form shall be legibly executed in a non-erasable medium.

x JEGEI Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shallgovern.

x JEGEJ Interlineations, alterations and erasures must be initialed by the signer of the Bid.

x JEGEK All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change."

x JEGEL Where two or more Bids for designated portions of the Work have been requested, the Bidder may, withoutforfeiture of the bid security, state the Bidder’s refusal to accept award of less than the combination of Bids stipulatedby the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any othermanner.

x JEGEM Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. TheBidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall besigned by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall furthergive the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a currentpower of attorney attached certifying the agent’s authority to bind the Bidder.




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x JEH RYT bUSdaYcgx JEHEG Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in theInstructions to Bidders. of a Bid Bond, Certified Check in the amount of 5% of the Base Bid Amount. The Bidderpledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, furnish bondscovering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidderrefuse to enter into such Contract or fail to furnish such bonds if required, the amount of the bid security shall beforfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited tothe Owner in the event the Owner fails to comply with Section 6.2.

x JEHEH If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided inthe Bidding Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bonda certified and current copy of the power of attorney.

x JEHEI The Owner will have the right to retain the bid security of Bidders to whom an award is being considered untileither (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time haselapsed so that Bids may be withdrawn or (c) all Bids have been rejected.

x JEI bdR\YbbY^] ^V RYTbx JEIEG All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bidshall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids andshall be identified with the Project name, the Bidder’s name and address and, if applicable, the designated portion ofthe Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separatemailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof.

x JEIEH Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids receivedafter the time and date for receipt of Bids will be returned unopened.

x JEIEI The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

x JEIEJ Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered.

x JEJ \^TYVYSQcY^] ^a fYcXTaQfQ[ ^V RYTx JEJEG A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period followingthe time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.

x JEJEH Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn bynotice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over thesignature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- andtime-stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so wordedas not to reveal the amount of the original Bid.

x JEJEI Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided thatthey are then fully in conformance with these Instructions to Bidders.

x JEJEJ Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted.

x JEK VQ\Y[YQ[ TYbS[^bdaU bcQcU\U]cx JEKEG The Bidder shall include a Familial Disclosure Statement with the Bid.

x JEKEH All blanks on the Familial Disclosure Statement shall be legibly executed in non-erasable medium.

x JEKEI Signature on the Familial Disclosure Statement shall be notarized.

x JEKEJ Failure of a Bidder to include a properly executed Familial Disclosure Statement will result in disqualificationof the Bidder without exception.




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QacYS[U K S^]bYTUaQcY^] ^V RYTbx KEG ^_U]Y]W ^V RYTbAt the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bidsreceived on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available toBidders.Bids will be opened and read publically at the time and location stipulated in the Invitation to Bid.

x KEH aUZUScY^] ^V RYTbThe Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by otherdata required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection.A Bid submitted without the required Familial Disclosure Statement will be rejected without exception.

x KEI QSSU_cQ]SU ^V RYT BQfQaTCx KEIEG It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has beensubmitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available.The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which,in the Owner’s judgment, is in the Owner’s own best interests.

x KEIEH The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specificallyprovided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid andAlternates accepted.

QacYS[U L _^bcDRYT Y]V^a\QcY^]x LEG S^]caQSc^avb `dQ[YVYSQcY^] bcQcU\U]cBidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properlyexecuted AIA Document A305, Contractor’s Qualification Statement, unless such a Statement has been previouslyrequired and submitted as a prerequisite to the issuance of Bidding Documents.

x LEH ^f]Uavb VY]Q]SYQ[ SQ_QRY[YcgThe Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later thanseven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence thatfinancial arrangements have been made to fulfill the Owner’s obligations under the Contract. Unless such reasonableevidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor.

x LEI bdR\YccQ[bx LEIEG The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification ofselection for the award of a Contract, furnish to the Owner through the Architect in writing:

EG a designation of the Work to be performed with the Bidder’s own forces;EH names of the manufacturers, products, and the suppliers of principal items or systems of materials and

equipment proposed for the Work; andEI names of persons or entities (including those who are to furnish materials or equipment fabricated to a

special design) proposed for the principal portions of the Work.

x LEIEH The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability andresponsibility of the persons or entities proposed to furnish and perform the Work described in the BiddingDocuments.

x LEIEI Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner orArchitect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owneror Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder’s option, (1)withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid orAlternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bidprice or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited.

x LEIEJ Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonableobjection must be used on the Work for which they were proposed and shall not be changed except with the writtenconsent of the Owner and Architect.




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QacYS[U M _UaVâ\Q]SU R^]T Q]T _Qg\U]c R^]Tx MEG R^]T aU`dYaU\U]cbx MEGEG If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of theContract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder’s usual sources.

x MEGEH If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. Ifthe furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of suchbonds shall be added to the Bid in determining the Contract Sum.

x MEGEI If the Owner requires that bonds be secured from other than the Bidder’s usual sources, changes in cost will beadjusted as provided in the Contract Documents.

x MEH cY\U ^V TU[YeUag Q]T Vâ\ ^V R^]Tbx MEHEG The Bidder shall deliver the required bonds to the Owner not later than three days following the date ofexecution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Biddershall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will befurnished and delivered in accordance with this Section 7.2.1.

x MEHEH Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond andPayment Bond. Both bonds shall be written in the amount of the Contract Sum.

x MEHEI The bonds shall be dated on or after the date of the Contract.

x MEHEJ The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affixthereto a certified and current copy of the power of attorney.

QacYS[U N Vâ\ ^V QWaUU\U]c RUcfUU] ^f]Ua Q]T S^]caQScâUnless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA DocumentA101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum.


July 5, 2011

Anthony Esson, Architect Bid Form – Stipulated Price 00 41 13-1

DOCUMENT 00 41 13

BID FORM – STIPULATED PRICE

To: Cheboygan Otsego Presque Isle Education Service District

c/o Gaylord Community SchoolsJackie Warren, Maintenance Director615 South Elm StreetGaylord, Michigan 49735

Project: New Early Childhood Center Playground

Project No. 0151-11D2

Date:

Submitted by:(full name)

(full address)

1. OFFER

Having examined the Place of The Work and all matters referred to in the Instructions to Bidders andthe Contract Documents prepared by Anthony Esson, Architect dated July 5, 2011 for the abovementioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work forthe

Stipulated Sum of: $ (numerical)

$ dollars inlawful (written) money of the United States of America.

We have included the required security deposit as required by the Instruction to Bidders.

All applicable federal and/or State of Michigan taxes are included in the Bid Sum.

We have included the costs of all required construction permits and inspections in the bid sum.

We acknowledge that Liquidated Damages will be assessed for our failure to achieve SubstantialCompletion prior to the dates indicated in the Contract Documents.


July 5, 2011


2. ACCEPTANCE

This offer shall be open to acceptance and is irrevocable for thirty days from the bid closing date.

If this bid is accepted by the Owner within the time period stated above, we will:

- Execute the Agreement within seven (7) days of receipt of Notice of Award.- Commence work within seven (7) days after written Notice to Proceed.

If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide therequired Bond(s), the security deposit shall be forfeited as damages to the Owner by reason of ourfailure, limited in amount to the lesser of the face value of the security deposit or the difference betweenthis bid and the bid upon which a Contract is signed.

In the event our bid is not accepted within the time stated above, the required security deposit shall bereturned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless amutually satisfactory arrangement is made for its retention and validity for an extended period of time.

3. CONTRACT TIME

If this Bid is accepted, we will complete the work in ( ) calendar days from thedate of commencement, but not later than the dates included in Document 00 52 14 – AgreementForm.

4. CHANGES TO THE WORK

When the Architect establishes that the method of valuation for Changes in the Work will be net costplus a percentage fee in accordance with General Conditions, our percentage fee will be the lesser ofthe percentage indicated, or 10%:

percent or 10% (whichever is less) overhead and profit on the net cost of our own Work;

percent or 10% (whichever is less) on the cost of work done by any Subcontractor.

5. ADDENDA

The following Addenda have been received. The modifications to the Bid Documents noted below havebeen considered and all costs are included in the Bid Sum.

Addendum # Dated

Addendum # Dated


July 5, 2011


7. BID FORM SIGNATURE(S)

The Corporate Seal of

(Bidder - print the full name of your firm)

was hereunto affixed in the presence of:

(Authorized signing officer Title)

(Seal)

(Authorized signing officer Title)

If the Bid is a joint venture or partnership, add additional forms of execution for each member of thejoint venture in the appropriate form or forms as above.

END OF BID FORM - STIPULATED PRICE


July 5, 2011

Anthony Esson, Architect Agreement Form 00 52 14 - 1

DOCUMENT 00 52 14

AGREEMENT FORM

1.1 SUMMARY

A. Document Includes:1. Agreement.

1.2 AGREEMENT

A. AIA Document A107 – 2007 Standard Form of Agreement Between Owner and Contractor for aProject of Limited Scope, included in this section, forms the agreement between the Owner andthe Contractor.

END OF DOCUMENT

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AIA Document A107™ – 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved. WARNING: This AIA

®Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or

distribution of this AIA®

Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extentpossible under the law. This document was produced by AIA software at 16:49:43 on 07/07/2011 under Order No.8444368672_1 which expires on 07/07/2012,and is not for resale.User Notes: (796405846)

1

This document has important

legal consequences. Consultation

with an attorney

is encouraged with respect to

its completion or modification.

SYcWW^W_e made as of the day of in the year(In words, indicate day, month and year.)

TWehWW_ the Owner:(Name, legal status, address and other information)

Cheboygan Otsego Presque Isle Education Service District6065 Learning LaneIndian River, MI 49749Telephone Number: /238-9394Fax Number: 231/238-8551

and the Contractor:(Name, legal status, address and other information)

for the following Project:(Name, location and detailed description)

Gaylord Community SchoolsNew Early Childhood Center PlaygroundAEA Project No. 0151-11D2

The Architect:(Name, legal status, address and other information)

Anthony Esson, ArchitectPO Box 479Gaylord, MI 49734Telephone Number: 989/732-0585Fax Number: 989/732-2102

The Owner and Contractor agree as follows.

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Sce[U]W J eZW h`c\ `X eZ[d U`_ecSUeThe Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in theContract Documents to be the responsibility of others.

Sce[U]W K VSeW `X U`^^W_UW^W_e S_V dfTdeS_e[S] U`â]We[`_ KHJ The date of commencement of the Work shall be the date of this Agreement unless a different date is statedbelow or provision is made for the date to be fixed in a notice to proceed issued by the Owner.(Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date willbe fixed in a notice to proceed.)

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KHK The Contract Time shall be measured from the date of commencement.

KHL The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the dateof commencement, or as follows:(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date ofcommencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of theWork.)

September 6, 2011

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, subject to adjustments of this Contract Time as provided in the Contract Documents.(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or forbonus payments for early completion of the Work.)

Liquidated Damages: Recognizing that time is of the essence of this Agreement and that Owner will suffer financialloss if the Work is not Substantially Complete and approved for occupancy by the Michigan Bureau of ConstructionCodes (if applicable) within the time limits established herein, plus any extensions of time as allowed under theGeneral Conditions, and also recognizing the delays, expense and difficulties involved in proving in a legalproceeding the actual loss suffered by the Owner if the Work is not Substantially Complete on time, instead ofrequiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as penalty)Contractor will pay Owner Two Hundred FiftyDollars ($ 250.00) for each day that expires after the date of SubstantialCompletion established herein until the Work is Substantially Complete and approved for occupancy by the MichiganBureau of Construction Codes (if applicable). Liquidated damages charges shall be deducted from the Contractor’s

progress payments or final payment as applicable. The Owner reserves the right to demand legal proceedings in theevent that the actual loss exceeds the damages provided for herein.

In addition, Contractor shall be responsible for all Architectural costs incurred by the Owner after the established FinalCompletion date (thirty days after actual Substantial Completion date). Any such costs shall be deducted from the

Contractors progress payment or final payment as applicable.

Sce[U]W L U`_ecSUe df^ LHJ The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of theContract. The Contract Sum shall be one of the following:(Check the appropriate box.)

[ i ] Stipulated Sum, in accordance with Section 3.2 below

[ ] Cost of the Work plus the Contractor’s Fee, in accordance with Section 3.3 below

[ ] Cost of the Work plus the Contractor’s Fee with a Guaranteed Maximum Price, in accordance withSection 3.4 below

(Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.)

LHK The Stipulated Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents.

LHKHJ The Stipulated Sum is based upon the following alternates, if any, which are described in the ContractDocuments and are hereby accepted by the Owner:(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit theOwner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such otheralternates showing the amount for each and the date when that amount expires.)

None

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LHKHK Unit prices, if any:(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

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LHKHL Allowances included in the stipulated sum, if any:(Identify allowance and state exclusions, if any, from the allowance price.)

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LHL U`de `X eZW h`c\ a]fd U`_ecSUe`cd XWW LHLHJ The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work.

LHLHK The Contractor’s Fee:(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and themethod of adjustment to the Fee for changes in the Work.)

LHM U`de `X eZW h`c\ a]fd U`_ecSUe`cd XWW h[eZ S YfScS_eWWV ^Si[^f^ ac[UW LHMHJ The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work.

LHMHK The Contractor’s Fee:(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor’s Fee and themethod of adjustment to the Fee for changes in the Work.)

LHMHL YfScS_eWWV ^Si[^f^ ac[UW LHMHLHJ The sum of the Cost of the Work and the Contractor’s Fee is guaranteed by the Contractor not to exceed ($

), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Suchmaximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would causethe Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner.

(Insert specific provisions if the Contractor is to participate in any savings.)

LHMHLHK The Guaranteed Maximum Price is based on the following alternates, if any, which are described in theContract Documents and are hereby accepted by the Owner:

LHMHLHL Unit Prices, if any:(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)

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LHMHLHM Allowances included in the Guaranteed Maximum Price, if any:(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both.)

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LHMHLHN Assumptions, if any, on which the Guaranteed Maximum Price is based:

Sce[U]W M aSj^W_ed MHJ ac`YcWdd aSj^W_ed MHJHJ Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates forPayment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to theContractor as provided below and elsewhere in the Contract Documents.

MHJHK The period covered by each Application for Payment shall be one calendar month ending on the last day of themonth, or as follows:

MHJHL Provided that an Application for Payment is received by the Architect not later than the last day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the last day of the followingmonth. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made bythe Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment.

(Federal, state or local laws may require payment within a certain period of time.)

MHJHM Retainage, if any, shall be withheld as follows:

Ten Percent (10%) of each progress payment.

MHJHN Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate statedbelow, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.(Insert rate of interest agreed upon, if any.)

0 % Zero percent per annum.

MHK X[_S] aSj^W_e MHKHJ Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to theContractor when

HJ the Contractor has fully performed the Contract except for the Contractor’s responsibility to correctWork as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond finalpayment;

HK the contractor has submitted a final accounting for the Cost of the Work, where payment is on the basisof the Cost of the Work with or without a guaranteed maximum price; and

HL a final Certificate for Payment has been issued by the Architect.

MHKHK The Owner’s final payment to the Contractor shall be made no later than 30 days after the issuance of theArchitect’s final Certificate for Payment, or as follows:

Sce[U]W N V[dafeW cWd`]fe[`_ NHJ T[_V[_Y V[dafeW cWd`]fe[`_For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding disputeresolution shall be as follows:(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below,or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will beresolved in a court of competent jurisdiction.)

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[ ] Arbitration pursuant to Section 21.4 of this Agreement

[ i ] Litigation in a court of competent jurisdiction

[ ] Other (Specify)

Sce[U]W O W_f^WcSe[`_ `X U`_ecSUe V`Uf^W_ed OHJ The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of thisAgreement, are enumerated in the sections below.

OHJHJ The Agreement is this executed AIA Document A107–2007, Standard Form of Agreement Between Ownerand Contractor for a Project of Limited Scope.

OHJHK The Supplementary and other Conditions of the Contract:

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OHJHL The Specifications:(Either list the Specifications here or refer to an exhibit attached to this Agreement.)

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01 10 00 Summary July 5, 2011 201 20 00 Price and Payment

ProceduresJuly 5, 2011 4

01 30 00 AdministrativeRequirements

July 5, 2011 5

01 33 00 Submittal Procedures July 5, 2011 501 40 00 Quality Requirements July 5, 2011 401 50 00 Temporary Facilities

and ControlsJuly 5, 2011 5

01 60 00 Product Requirements July 5, 2011 301 70 00 Execution and Closeout

RequirementsJuly 5, 2011 5

02 41 19 Selective StructureDemolition

July 5, 2011 3

11 68 16 Playground Structuresand Equipment

July 5, 2011 19

22 00 01 General PlumbingRequirements

July 5, 2011 7

22 07 19 Plumbing PipingInsulation

July 5, 2011 4

22 10 05 Plumbing Piping July 5, 2011 422 10 06 Plumbing Piping

SpecialtiesJuly 5, 2011 2

31 05 13 Soils for Earthwork July 5, 2011 231 10 00 Site Clearing July 5, 2011 231 22 13 Rough Grading July 5, 2011 331 23 17 Trenching July 5, 2011 432 05 16 Aggregates for Exterior

ImprovementsJuly 5, 2011 2

32 11 23 Aggregate Base Courses July 5, 2011 332 13 13 Concrete Paving July 5, 2011 632 18 16 Playground Protective July 5, 2011 5

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Surfacing32 31 13 Chain Link Fences and

GatesJuly 5, 2011 5

32 91 19 Landscape Grading July 5, 2011 232 92 19 Seeding July 5, 2011 4

OHJHM The Drawings:(Either list the Drawings here or refer to an exhibit attached to this Agreement.)

_}vmpz es|up Vl|pC1.0 Title Sheet/Partial Site

PlanJuly 5, 2011

C2.0 Playground Plan July 5, 2011C3.0 Details July 5, 2011C4.0 Site Grading Plan July 5, 2011C5.0 Plumbing Plan July 5, 2011

OHJHN The Addenda, if any:

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Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the biddingrequirements are enumerated in this Article 6.

OHJHO Additional documents, if any, forming part of the Contract Documents:HJ Exhibit A, Determination of the Cost of the Work, if applicable.HK AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following:

HL Other documents:(List here any additional documents that are intended to form part of the Contract Documents.)

dpn|sxw es|up Vl|p alrp{00 11 16 Invitation to Bid July 5, 2011 2

00 21 14 Instructions to Bidders July 5, 2011 1AIA Document A701 – 1997 July 5, 2011 7

00 41 13 Bid Form (executed) July 28, 2011 300 45 01 Familial Disclosure Statement July 28, 2011 1

Sce[U]W P YW_WcS] ac`g[d[`_d PHJ eZW U`_ecSUe V`Uf^W_edThe Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable,Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to theexecution of this Agreement, other documents listed in this Agreement and Modifications issued after execution ofthis Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order,(3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. TheContract Documents also include terms stated in the advertisement or invitation to bid, instructions to bidders, and

other information furnished by the Owner in anticipation of receiving bids or proposals unless expressly excluded or inconflict with this Agreement. The intent of the Contract Documents is to include all items necessary for the proper

execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what isrequired by one shall be as binding as if required by all; performance by the Contractor shall be required to the extentconsistent with the Contract Documents and reasonably inferable from them as being necessary to produce the

indicated results.

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PHK eZW U`_ecSUeThe Contract Documents form the Contract for Construction. The Contract represents the entire and integratedagreement between the parties hereto and supersedes prior negotiations, representations or agreements, either writtenor oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not beconstrued to create a contractual relationship of any kind between any persons or entities other than the Owner and theContractor.

PHL eZW h`c\The term "Work" means the construction and services required by the Contract Documents, whether completed orpartially completed, and includes all other labor, materials, equipment and services provided or to be provided by theContractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.

PHM [_decf^W_ed `X dWcg[UWInstruments of Service are representations, in any medium of expression now known or later developed, of the tangibleand intangible creative work performed by the Architect and the Architect’s consultants under their respectiveprofessional services agreements. Instruments of Service may include, without limitation, studies, surveys, models,sketches, drawings, specifications, and other similar materials.

PHN `h_WcdZ[a S_V fdW `X VcSh[_YdF daWU[X[USe[`_d S_V èZWc [_decf^W_ed `X dWcg[UW PHNHJ The Subject to contrary provisions in the contract between the Owner and the Architect or in the ContractDocuments, the Architect and the Architect’s consultants shall be deemed the authors and owners of their respectiveInstruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and otherreserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipmentsuppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official

regulatory requirements or for other purposes in connection with this Project is not to be construed as publication inderogation of the Architect’s or Architect’s consultants’ reserved rights.

PHNHK The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to useand reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. Allcopies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. TheContractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments ofService on other projects or for additions to this Project outside the scope of the Work without the specific writtenconsent of the Owner, Architect and the Architect’s consultants.

PHO ecS_d^[dd[`_ `X VSeS [_ V[Y[eS] X`cÎf the parties intend to transmit Instruments of Service or any other information or documentation in digital form, theyshall may endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the

Agreement or in the Contract Documents.

Sce[U]W Q `h_Wc QHJ [_X`c^Se[`_ S_V dWcg[UWd cWbf[cWV `X eZW `h_Wc QHJHJ The Owner shall furnish all necessary surveys and a legal description of the site.

QHJHK The Taking into account the Contractor’s experience and expertise, the Contractor shall be entitled to rely onthe accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safeperformance of the Work.

QHJHL Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,including including, but not limited to, those required under Section 9.6.1, the Owner shall secure and pay for othernecessary approvals, easements, assessments and charges required for the construction, use or occupancy ofpermanent structures or for permanent changes in existing facilities.

QHK `h_Wcd c[YZe e` deà eZW h`c\If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or

repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a writtenorder to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for

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the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in limitation of theOwner’s rights under any other provisions of the Contract Documents.

QHL `h_Wcd c[YZe e` USccj `fe eZW h`c\If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and failswithin a ten-day three-day period after receipt of written notice from the Owner or the Owner’s designee to commenceand continue correction of such default or neglect with diligence and promptness, the Owner, without prejudice to anyother remedy the Owner may have, including any claim against the Contractor’s performance bond, may correct suchdeficiencies and may deduct the reasonable cost thereof, including Owner’s expenses, including all legal expenses

incurred to effectuate and enforce this provision, and compensation for the Architect’s services made necessarythereby, from the payment then or thereafter due the Contractor. Exercise of such rights shall in no way limit orjeopardize the Owner’s right to any claim against either the Performance Bond or the Contractor. In the event theOwner directs another entity to perform Work pursuant to this Section that otherwise is the obligation of theContractor, including correction of safety violations, either at the Contractor’s request or as a result of the Contractor’sfailure to perform such Work, that other entity shall charge the Contractor all costs for labor, material and equipmentplus that other entity’s administrative, profit and overhead costs. The Contractor shall pay that other entity within ten(10) days of the date of invoice. If not paid within ten (10) days, the Contractor authorizes the Owner to withhold thatamount from the Contractor and to pay the same to that other entity from the next payment due the Contractor. If

payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay thedifference to the Owner.

Sce[U]W R U`_ecSUe`c RHJ cWg[Wh `X U`_ecSUe V`Uf^W_ed S_V X[W]V U`_V[e[`_d Tj U`_ecSUe`c RHJHJ Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, becomegenerally familiar with local conditions under which the Work is to be performed and correlated personal observationswith requirements of the Contract Documents.

RHJHK Because the Contract Documents are complementary, the Contractor shall, before starting each portion of theWork, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as theinformation furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existingconditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligationsare for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose ofdiscovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptlyreport to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as arequest for information in such form as the Architect may require. It is recognized that the Contractor’s review is madein the Contractor’s capacity as a contractor and not as a licensed design professional unless otherwise specificallyprovided in the Contract Documents.

RHJHL The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shallpromptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request forinformation in such form as the Architect may require.

RHJHM Prior to submitting its bid, the Contractor shall have studied and compared the Contract Documents and shallhave reported to the Architect any error, inconsistency or omission in the Contract Documents. It will be presumedthat the Contractor’s bid and the Contract Sum include the cost of correcting any such error, inconsistency oromission, which could have been discovered by the exercise of reasonable diligence. Unless the Contractorestablishes that such error, inconsistence or omission could not have been discovered by the exercise of reasonablediligence, the Contractor will make such corrections without additional compensation so that the Work is fullyfunctional.

RHK dfaWcg[d[`_ S_V U`_decfUe[`_ ac`UWVfcWd RHKHJ The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. TheContractor shall be solely responsible for and have control over construction means, methods, techniques, sequencesand procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents giveother specific instructions concerning these matters.

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RHKHK The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees,Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or onbehalf of the Contractor or any of its Subcontractors.

RHL ]ST`c S_V ^SeWc[S]d RHLHJ Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and otherfacilities and services necessary for proper execution and completion of the Work whether temporary or permanentand whether or not incorporated or to be incorporated in the Work. Such provision of labor and materials shall occur insufficient time to satisfy the existing Project schedule. The Contractor bears the risk of any failure to timely providesuch labor and materials for any reason. The Contractor agrees to execute the appropriate UCC forms to effectuate

the Owner’s ownership of the material and equipment furnished pursuant to this Contract.

RHLHK The Contractor shall enforce strict discipline and good order among the Contractor’s employees and otherpersons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled intasks assigned to them.

RHLHL The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architectand in accordance with a Modification.

RHLHM SdTWde`dGXcWW ac`VfUe [_deS]]Se[`_

RHLHMHJ It is hereby understood and agreed that no product and/or material containing asbestos including chrysolite,amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any combination of thesematerials that have been chemically treated and/or altered shall be installed or introduced into the Work by thecontractor or his employees, agents, subcontractors, or other individuals or entities over whom the Contractor hascontrol. If applicable, the Contractor shall be required to provide a signed certification statement ensuring that allproducts or materials installed or introduced into the work all be asbestos-free.

RHLHMHK The Contractor shall also be required to furnish certified statements from the manufacturers of suppliedmaterials used during construction verifying their products to be asbestos-free in accordance with the requirements ofSection 9.3.4.1.

RHLHMHL The Contractor shall complete and submit to the Owner a certification evidencing asbestos-free productinstallation prior to issuance of the final Certificate for Payment, in a form acceptable to the Owner.

RHM hSccS_ejThe Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will

be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor furtherwarrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, orequipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludesremedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper orinsufficient maintenance, improper operation or normal wear and tear under normal usage.In addition to any otherwarranties, guarantees or obligations set forth in the Contract Documents or applicable as a matter of a law and not inlimitation of the terms of the Contract Documents, the Contractor warrants and guarantees that:

.1 The Owner shall have good title to the Work and all materials and equipment incorporated into the Work and,unless otherwise expressly provided in the Contract Documents, such materials and equipment shall be new;

2. The Work and all materials and equipment incorporated into the Work shall be free from all defects,including any defects in workmanship or materials;

3. The Work and all equipment incorporated into the Work shall be fit for the purpose for which they areintended;

4. The Work and all materials and equipment incorporated into the Work shall be merchantable; and5. The Work and all materials and equipment incorporated into the Work shall conform in all respects to the

Contract Documents.

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Upon notice of the breach of any of the foregoing warranties or guarantees or any other warranties or guarantees underthe Contract Documents, the Contractor, in addition to any other requirements in the Contract Documents, will

commence to correct such breach within seventy-two (72) hours after written notice thereof and thereafter will use itsbest efforts to timely correct such breach to the satisfaction of the Owner; provided that if such notice is given after

final payment hereunder, such seventy-two (72) hour period shall be extended to seven (7) days. The foregoingwarranties and obligations of the Contractor shall survive the final payment and/or termination of the Contract.

RHN eSiWdThe Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received ornegotiations concluded, whether or not yet effective or merely scheduled to go into effect. The Contractor shall pay allstate and federal taxes levied on its business, income or property and shall make all contributions for social security

and other wage or payroll taxes. The Contractor shall be solely responsible for such payments and shall indemnify theOwner and hold it harmless from same. The Contractor shall include and shall deem to have been included in its bid

all Michigan Sales and Use Taxes currently imposed by legislative enactment and as administered by the MichiganDepartment of Treasury on the Bid Date.

RHO aWc^[edF XWWdF _`e[UWdF S_V U`^a][S_UW h[eZ ]Shd RHOHJ Unless otherwise provided in the Contract Documents, the The Contractor shall secure and pay for the buildingpermit as well as other permits, fees, licenses and inspections by government agencies necessary for proper executionand completion of the Work that are customarily secured after execution of the Contract and legally required at the

time bids are received or negotiations concluded.

RHOHK The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractorperforms Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or

lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bearthe costs attributable to correction. In the event the Contract exceeds $75,000, the requirements of Section 2 of 1998

PA 57, as amended, are hereby incorporated into this Agreement.

RHP S]]`hS_UWdThe Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shallselect materials and equipment under allowances with reasonable promptness. Allowance amounts shall include thecosts to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable tradediscounts. Allowance amounts shall not include the Contractor’s costs for unloading and handling at the site, labor,installation, overhead, and profit. In the event one or more allowances are not fully utilized, the unused value of thoseallowances shall be returned to the Owner.

RHQ U`_ecSUe`cd U`_decfUe[`_ dUZWVf]Wd RHQHJ The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s andArchitect’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limitscurrent under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of theWork and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shallprovide for expeditious and practicable execution of the Work. In no event shall the Contractor’s ConstructionSchedule be extended due to action or inaction of the Contractor, except with prior written approval of the Ownerwithin the Owner’s sole discretion.

RHQHK The Contractor shall perform the Work in general accordance with the most recent schedule submitted to theOwner and Architect.

RHR dfT^[eeS]d RHRHJ The Contractor shall review for compliance with the Contract Documents and submit to the Architect ShopDrawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with theContractor’s construction schedule and in such sequence as to allow the Architect reasonable time for review. Bysubmitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner andArchitect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, fieldmeasurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the

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information contained within such submittals with the requirements of the Work and of the Contract Documents. TheWork shall be in accordance with approved submittals.

RHRHK Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.

RHJI fdW `X d[eWThe Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes,rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonablyencumber the site with materials or equipment.

RHJJ Ufee[_Y S_V aSeUZ[_YThe Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its partsfit together properly.

RHJK U]WS_[_Y faThe Contractor and its Subcontractors under the Contractor’s direction shall keep the premises and surrounding areafree from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of theWork, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment,machinery and surplus material from and about the Project.

RHJL c`jS]e[WdF aSeW_ed S_V U`ajc[YZedThe Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement ofcopyrights and patent rights and shall indemnify, defend and hold the Owner and Architect harmless from any and allcost, damage or loss on account thereof, including but not limited to actual attorney fees, but shall not be responsiblefor such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers isrequired by the Contract Documents or where the copyright violations are contained in Drawings, Specifications orother documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that therequired design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible forsuch loss unless suc