03 Contract 2025-08 Wexford Missaukee ISD.pdf

Project Specifications

Wexford-Missaukee ISD

Wexford County, Michigan

Subdivision Road Construction

August 2025

2221135

[Intentionally left blank]

Table of Contents

Advertisement................................................................................................................................1-2

Instructions to Bidders...................................................................................................................1-4

Bid Proposal Checklist

Bid Proposal (proposal package for submittal by Contractor) ......................................................1-2

EJCDC C-520 (2018) Standard Form of Agreement (Stipulated Price) .......................................1-8

Bond Forms

Performance Bond...................................................................................................................1-4

Payment Bond .........................................................................................................................1-4

Insurance Certificates (to be furnished by Contractor)

EJCDC C-700 (2018) Standard General Conditions ...................................................................1-78

Supplementary Conditions ..........................................................................................................1-24

Insurance Specifications ..............................................................................................................1-13

Project Specifications ....................................................................................................................1-8

Appendix A � Davis-Bacon Wage Determination ......................................................................1-36

Plan Drawings..............................................................................................................................1-12

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Owner: Wexford-Missaukee ISD

Project Title: Subdivision Road Construction

Project #: 2221135

1. RECEIPT OF BIDS

Sealed bids for the above project will be received by Wexford-Missaukee ISD of 1 Broadcast Way, Cadillac, Michigan until:

2:00 p.m. (local time) on Tuesday, September 23, 2025.

at which time the bids will be publicly opened and read aloud.

2. SCOPE OF PROJECT

The project consists of furnishing all material and constructing the following:

Clearing, grading, excavation and embankment for new road construction, aggregate base, asphalt paving, curb and gutter placement, culvert placement, turf restoration.

Including all necessary appurtenances and restoration.

3. EXAMINATION OF SPECIFICATIONS

Contract documents may be examined at the offices of:

Prein&Newhof, 100 E. Chapin Street, Ste A, Cadillac, MI 49601

4. DEPOSIT FOR DRAWINGS AND SPECIFICATIONS

Drawings and specifications are available at the 100 E. Chapin Street, Ste A, Cadillac, MI 49601 office of Prein&Newhof.

Bidder assumes sole risk for any project specifications and drawings, electronic or hard copy, obtained other than directly from Prein&Newhof. A $25 dollar charge will be requested for all mailed drawings and/or specifications. Fees are payable by cash or check only and are not refunded.

5. FUNDING

The work to be performed under this contract will be financed and paid for by Wexford- Missaukee ISD.

This contract must comply with all applicable requirements of the Davis-Bacon and Related Acts (DBRA). The current Davis-Bacon Wage Determination #MI20250001 is included in Appendix A.

6. BID SURETY

A bid bond, certified check, or cashier’s check payable to Wexford-Missaukee ISD in an amount equal to five percent (5%) of the total price shall accompany each bid. This surety shall bind the bidder for a period of thirty (30) days after the receipt of bids.

7. COMPLETION DATE

The project will be awarded to the verified lowest bid of a qualified bidder.

See Instructions to Bidders section 4.D and 4.E, included in the contract documents, for additional information.

Work is anticipated to begin April 15, 2026 Final project completion shall be by July 31, 2026.

David J. Cox

Superintendent

Instructions To Bidders

Owner: Wexford-Missaukee ISD

Project Title: Subdivision Road Construction

Project #: 2221135

1. CONTRACT DOCUMENTS

The contract documents consist of material outlined in Article 7 of the Agreement. Each

Bidder shall carefully examine his copy of the contract documents for completeness. No claim will be allowed on the basis that the contract documents are not complete.

2. INTERPRETATION OF THE CONTRACT DOCUMENTS

It is the intent of these contract documents to be clear, complete and consistent. If Bidder is of the opinion that any portion of the contract documents is ambiguous, inconsistent or contains errors or omissions Bidder shall, prior to submitting its bid, in writing request

Engineer to clarify that portion of the contract documents as an addendum. This interpretation or correction will be made a part of the contract documents as an addendum.

Any such addendum shall be mailed, faxed, e-mailed or delivered only to each person recorded as having received/downloaded a copy of the contract documents directly from

Prein&Newhof.

The last day an addendum will be issued is three (3) business days prior to the bid. Questions to be addressed in the addendum will be received through 5:00 p.m. five (5) business days prior to the bid.

Only written addenda issued by the Engineer shall be binding. Oral interpretations, information or instructions by any office or employee of the Owner or Engineer are not authorized and therefore are not binding.

Any conclusions or information obtained or derived from Contract Documents will be at the user�s sole risk. Prein&Newhof will maintain the Master Copy (hard copy), from which all electronic copies are based in its Grand Rapids Office. In the case of any contract discrepancy, the Master Copy (hard copy) shall be considered the controlling document.

3. BIDDERS INVESTIGATION

The Bidder will be responsible for inspecting the site of the proposed work to determine for himself all conditions under which he will be obligated to work. It is also expected that he will investigate and make his own determination concerning the available facilities for receiving, transporting, handling and storing construction equipment and materials, and concerning other local conditions that may affect his work.

4. BID PROPOSAL PREPARATION

A. Name, Address and Legal Status of Bidder

The name and legal status of the Bidder, Corporation, Partnership or an Individual, shall be stated in the Proposal. A corporation Bidder shall name the state in which its Articles of Incorporation are held, and must give the title of the official having authority, under the by-laws, to sign contracts. A partnership Bidder shall give the full names and addresses of all partners. An L.L.C. Bidder shall provide the full names and addresses of all members.

Anyone signing a proposal as an agent of another must submit, with his proposal, legal evidence of his authority to act as an authorized agent of the party.

The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state, must be given after a signature.

B. Bid Surety

See ADVERTISEMENT �BID SURETY�

C. Proposal Form

The Bidder is to complete the Bid Proposal Documents that are included in the Project

Specification book (online or hard copy), referring to the table of contents to identify the exact order of these documents. Regardless of how the bid documents are received, a hard copy (paper copy) of the Bid Proposal Documents must be submitted for bidding purposes. No electronically-submitted Proposals will be accepted. The Bid Proposal

Documents include: Bid Proposal Checklist, Bid Proposal, and Bid Proposal � Unit

Prices.

The Bidder must provide the signed Bid Proposal Documents in either type written or hand written (in ink) form and clearly and completely set forth all required lump sum amounts, unit prices or other costs in a legible and understandable manner. Illegibility of any work or figure in the proposal may be sufficient cause for rejection of the proposal by the Owners. No electronically-submitted Proposals will be accepted.

Each proposal must be enclosed in a sealed envelope addressed to 1 Broadcast Way, Cadillac, MI 49601 and labeled �Proposal for Wexford-Missaukee ISD, Subdivision

Road Construction�

No electronically submitted Proposals will be accepted.

D. Proposal Data

Proposals shall be carefully prepared in strict accordance with contract requirements and these instructions and shall include all pertinent information required by the proposal form. Failure of the bidder to comply in any respect shall be grounds for rejection of the bidder's proposal.

The proposal for work is on a unit basis.

The bids will be based on the comparison of totals of the extensions of the stated unit prices. In case of an error in preparation of the bid form, the unit prices will be used.

No partial bids will be considered.

E. Experience and Qualifications

It is the intention of the Owner to award this contract to a Bidder that will perform and complete all work in compliance with the Contract Documents and in a workmanlike and professional manner. Bids are therefore only solicited from responsible Bidders known to be skilled, experienced and regularly engaged in work of similar character and magnitude to that covered by these contract documents.

After the opening of bids, when so requested by the Owner or Engineer, the Bidder will be required to provide documentation of the extent and nature of his experience in work of this kind and to furnish references as to his experience on projects of similar types and concerning contractor�s ability to timely and within budget perform work of the type involved in this project. The successful Bidder shall submit a statement of his experience and financial status, a list of all jobs he now has underway, with the volume and percent completed. If the successful Bidder is an LLC, bidder shall provide, if requested, personal guarantees of its members.

In addition to the above, when so requested, the Bidder shall meet with the Owner's representatives and give further information in relation to his proposed construction plan, methodology, and schedule of operations, in order to determine the Bidder�s qualifications, ability to perform the Work, and timely complete the Work in accordance with the contract requirements.

F. Return of Bid Deposits

The bid deposits of all Bidders, except the three lowest Bidders, will be returned within seven days after the opening of the bids. The bid deposits of the three lowest Bidders will be returned (1) within 48 hours after the contract shall have been awarded to the successful Bidder, the signed agreement has been delivered, and the required bonds have been approved by the Owner, or (2) after rejection of all bids.

5. WITHDRAWAL OF BIDS

Any Bidder who has submitted a proposal to the Owner may withdraw his bid at any time prior to the scheduled time for opening bids. No Bidder may withdraw his bid after the opening for a period of thirty (30) days thereafter.

6. AWARD AND EXECUTION OF THE CONTRACT

The contract shall be deemed as having been awarded when formal Notice of Award shall have been duly provided by the Owner upon the Bidder.

The Bidder to whom the contract shall have been awarded will be required to execute an

Agreement in the form included in the Contract Documents and to furnish sureties, insurance policies and certificates all as required within fifteen (15) days after the award. In case of his refusal or failure to do so, he will be considered to have abandoned all his rights and interest in the award, and his bid deposit may be declared forfeited to the Owner and the work may be awarded to another Bidder.

Bid Proposal Checklist

Owner: Wexford-Missaukee ISD

Project Title: Subdivision Road Construction

Project #: 2221135

This checklist is for the bidder's convenience and the Engineer's use. It should be reviewed thoroughly before submitting a bid.

Bid submitted on time.

Bid surety properly completed and enclosed.

Addenda, if applicable, has been acknowledged and any revisions to the proposal completed.

Bid proposal legally signed in ink.

All unit prices are completed in ink.

Contractor�s Project Schedule

1 Broadcast Way, Cadillac, MI 49601

Project #:

Date Prepared:

Receipt of Addenda

Receipt of Addenda through is herby acknowledged.

Summary of Bids

Total Bid $

Contractors Signature

Contractor's Name Telephone Number

Business Address City Zip Code

Printed Name Title Date

Signature

Seal (if bidder is a corporation)

Email Address

This project must comply with all requirements of the 1976 PA 453 (Elliott-Larsen Civil Rights Act), the

1976 PA 220 (Persons with Disabilities Civil Rights Act), and Executive Directive 2019-09, as amended.

The Owner reserves the right to accept or reject any or reject any or all bids and to waive any irregularities in the bidding. No partial bids will be accepted.

Bid Proposal Owner:

Owner Address:

Project Title:

Bid Date & Time: Tuesday, September 23, 2025 2:00 p.m.

Subdivision Road Construction

2221135

The undersigned, being familiar with the site, plans, specifications, and related documents, proposes to furnish all required labor, materials, tools and equipment to construct the project in accordance with the unit prices on the following sheets.

page 1 of 2 S:\2022\2221135 Wexford-Missaukee ISD\CDS\Specs\06b-Proposal_

Item

No. Description Quantity Unit Unit Price Total Amount

1 Mobilization, Max $150,000 1 LSUM

2 Erosion Control, Silt Fence 1,300 Ft

3 Clearing 6 Acre

4 HMA Surface, Rem 75 Syd

5 Excavation, Earth 44,500 Cyd

6 Embankment, CIP 100 Cyd

7 Subbase, CIP 5,500 Cyd

8 Aggregate Base, 8 inch 8,920 Syd

9 HMA, 5EL 790 Ton

10 HMA, 4EL 1,050 Ton

11 Curb and Gutter, Conc, Det B2 225 Ft

12 Shld, Cl II 1,200 Ton

13 Culv, Cl E, 18 inch 75 Ft

14 Culv End Sect, Conc, 18 inch 2 Ea

15 Mulch Blanket 8,000 Syd

16 Slope Restoration 23,500 Syd

Total Bid:

Owner:

Project Title:

Wexford-Missaukee ISD

Bid Proposal - Unit Prices

Tuesday, September 23, 2025 2:00 p.m.

Bid Date & Time: Project #:

Subdivision Road Construction

2221135

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between Wexford-Missaukee ISD of 1 Broadcast Way, Cadillac, MI 49601

(�Owner�) and [Contractor Name & Address] (�Contractor�).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary

Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1�WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Subdivision Road Construction. Clearing, grading, excavation and embankment for new road construction, aggregate base, asphalt paving, curb and gutter placement, culvert placement, turf restoration.

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Subdivision Road Construction.

ARTICLE 2�ENGINEER

3.01 The Owner has retained Prein&Newhof, 100 E. Chapin Street, Ste A, Cadillac, MI

49601(�Engineer�) to act as Owner�s representative, assume all duties and responsibilities of

Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Prein&Newhof.

ARTICLE 3�CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially complete on or before July 31, 2026 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before

August 14, 2026.

4.03 Contract Times: Days

A. The Work will be substantially complete within [number] days after the date when the

Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the

General Conditions within [number] days after the date when the Contract Times commence to run.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4.04 Milestones

A. Parts of the Work must be substantially completed on or before the following Milestone(s):

1. Milestone 1 [event & date/days]

2. Milestone 2 [event & date/days]

3. Milestone 3 [event & date/days]

4.05 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and

Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $1000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial

Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1000 for each day that expires after such time until the Work is completed and ready for final payment.

3. Milestones: Contractor shall pay Owner $[number*] for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of

Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial

Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

4. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently.

B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner�s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

C. Bonus: Contractor and Owner further recognize the Owner will realize financial and other benefits if the Work is completed prior to the time specified for Substantial Completion.

Accordingly, Owner and Contractor agree that as a bonus for early completion, Owner shall pay Contractor $[number] for each day prior to the time specified above for Substantial

Completion (as duly adjusted pursuant to the Contract) that the Work is substantially complete. The maximum value of the bonus will be limited to $[number].

4.06 Special Damages

A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor�s failure to attain Substantial Completion according to the Contract

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in

Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for

Work to be completed and ready for final payment (as duly adjusted pursuant to the

Contract), until the Work is completed and ready for final payment.

C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement.

ARTICLE 4�CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Work other than Unit Price Work, a lump sum of $[number].

All specific cash allowances are included in the above price in accordance with

Paragraph 13.02 of the General Conditions.

B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item).

Unit Price Work

Item

No.

Description Unit

Estimated

Quantity

Unit

Price

Extended

Price

Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities)

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.

C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)

$[number].

D. For all Work, at the prices stated in Contractor�s Bid, attached hereto as an exhibit.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 5�PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General

Conditions. Applications for Payment will be processed by Engineer as provided in the General

Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on the basis of Contractor�s Applications for Payment on or about the 15th day of each month during performance of the Work as provided in

Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions

(and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. 90 percent of the value of the Work completed (with the balance being retainage).

1) If 50 percent or more of the Work has been completed, as determined by

Engineer, and if the character and progress of the Work have been satisfactory to

Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage;

and

b. 0 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by

Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of

Engineer�s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the

Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.04 Consent of Surety

A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

6.05 Interest

A. All amounts not paid when due will bear interest at the rate of 0 percent per annum.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 6�CONTRACT DOCUMENTS

7.01 Contents

A. The Contract Documents consist of all of the following:

1. This Agreement.

2. Bonds:

a. Performance bond (together with power of attorney).

b. Payment bond (together with power of attorney).

3. General Conditions.

4. Supplementary Conditions.

5. Specifications as listed in the table of contents of the project manual.

6. Drawings (not attached but incorporated by reference) consisting of 12 sheets with each sheet bearing the following Project No.: 2221135.

7. Addenda (numbers [number] to [number], inclusive).

8. Exhibits to this Agreement (enumerated as follows):

a. [list exhibits] Contractor�s Bid (pages 1 to 2, inclusive)

b. Insurance Specifications (pages 1 to 13, inclusive).

c. The 2020 Standard Specifications for Construction adopted by the Michigan

Department of Transportation are hereby incorporated into these contract documents.

d. [List other required attachments (if any), such as documents required by funding or lending agencies]

9. The following which may be delivered or issued on or after the Effective Date of the

Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

e. Warranty Bond, if any.

B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 7�REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.01 Contractor�s Representations

A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including

Addenda.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Contractor has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical

Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor�s safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the

Contract.

8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

11. Contractor�s entry into this Contract constitutes an incontrovertible representation by

Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

8.02 Contractor�s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this

Paragraph 8.02:

1. �corrupt practice� means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. �fraudulent practice� means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner,

(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive

Owner of the benefits of free and open competition;

3. �collusive practice� means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. �coercive practice� means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

8.03 Standard General Conditions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are

EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or �track changes� (redline/strikeout), or in the Supplementary Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on ___________________ (which is the Effective Date of the Contract).

Owner: Wexford-Missaukee ISD Contractor:

(typed or printed name of organization) (typed or printed name of organization)

By: By:

(individual�s signature) (individual�s signature)

Date: Date:

(date signed) (date signed)

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

(typed or printed) (typed or printed)

(If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

(individual�s signature) (individual�s signature)

Title: Title:

(typed or printed) (typed or printed)

Address for giving notices: Address for giving notices:

Designated Representative: Designated Representative:

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

(typed or printed) (typed or printed)

Address: Address:

Phone: Phone:

Email: Email:

License No.:

(where applicable)

State:

(If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this

Agreement.)

EJCDC® C-610, Performance Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

PERFORMANCE BOND

Contractor Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Contract

Name: Wexford-Missaukee ISD Description (name and location):

Mailing address (principal place of business): Subdivision Road Construction

Wexford County, MI

Contract Price:

1 Broadcast Way

Cadillac, MI 49601

Effective Date of Contract:

Bond

Bond Amount:

Date of Bond:

(Date of Bond cannot be earlier than Effective Date of Contract)

Modifications to this Bond form:

☐ None ☐ See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this

Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature)(Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party is considered plural where applicable.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction

Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in

Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety�s obligation under this Bond will arise after:

3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor�s performance.

If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner�s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety�s receipt of the Owner�s notice. If the Owner, the Contractor, and the Surety agree, the

Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner�s right, if any, subsequently to declare a Contractor

Default;

3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the

Surety; and

3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction

Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety�s obligations, or release the

Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the

Surety�s expense take one of the following actions:

5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the

Construction Contract;

5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the

Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract

Price, the Surety is obligated, without duplication for:

7.1. the responsibilities of the Contractor for correction of defective work and completion of the

Construction Contract;

7.2. additional legal, design professional, and delay costs resulting from the Contractor�s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety�s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction

Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable.

12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1. Balance of the Contract Price�The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2. Construction Contract�The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the

Contract Documents.

14.3. Contractor Default�Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4. Owner Default�Failure of the Owner, which has not been remedied or waived, to pay the

Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5. Contract Documents�All the documents that comprise the agreement between the Owner and

Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.

16. Modifications to this Bond are as follows: [Describe modification or enter �None�]

EJCDC® C-615, Payment Bond.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

PAYMENT BOND

Contractor Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Contract

Name: Wexford-Missaukee ISD Description (name and location):

Mailing address (principal place of business): Subdivision Road Construction

Wexford County, MI

Contract Price:

1 Broadcast Way

Cadillac, MI 49601

Effective Date of Contract:

Bond

Bond Amount:

Date of Bond:

(Date of Bond cannot be earlier than Effective Date of Contract)

Modifications to this Bond form:

☐ None ☐ See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this

Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature)(Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party is considered plural where applicable.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction

Contract, then the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no Owner Default under the Construction Contract, the Surety�s obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the

Owner�s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the

Surety�s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety�s obligations to a Claimant under this Bond will arise after the following:

5.1. Claimants who do not have a direct contract with the Contractor

5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant�s obligation to furnish a written notice of non-payment under

Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the

Surety shall promptly and at the Surety�s expense take the following actions:

7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2. Pay or arrange for payment of any undisputed amounts.

7.3. The Surety�s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.

If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney�s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

8. The Surety�s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney�s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner�s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond.

11. The…