2019 Gier South Parking Lot Reconstruction.pdf

CONTRACT DOCUMENTS

FOR

HILLSDALE COMMUNITY SCHOOLS

2019 GIER PARKING LOT RECONSTRUCTION PROJECT

May 2019

MT Engineering, LLC PO Box 232

Hillsdale, MI 49242 517-437-4283

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TABLE OF CONTENTS

Section Pages

Table of Contents .................................................................................................................... TC-1

Advertisement .......................................................................................................... AD-1 to AD-3

Instructions to Bidders ................................................................................................. IB-1 to IB-5

Proposal ........................................................................................................................... P-1 to P-3

Subcontractor Form ....................................................................................................................SF-1

Legal Status of Bidder ............................................................................................................. LS-1

Familial Disclosure Statement .................................................................................. FM-1 to FM-2

Agreement ....................................................................................................................... A-1 to A-3

Bond Forms .................................................................................................................... B-1 to B-4

General Conditions ................................................................................................. GC-1 to GC-23

Technical Specifications ......................................................................................... See Plan Notes

Drawings ........................................................................................................................... Enclosed

Sheet numbers and titles are as follows:

Sheet 1 Title Sheet Sheet 2 Note Sheet & Electrical Plan Sheet 3 Existing Condition Plan Sheet 4 Site Removal Plan Sheet 5 Site Layout Plan Sheet 6 Site Grading Plan Sheet 7 Detail Sheet

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ADVERTISEMENT FOR PROPOSALS

PROJECT: 2019 GIER ELEMENTARY SCHOOL PARKING LOT

RECONSTRUCTION PROJECT

OWNER: HILLSDALE COMMUNITY SCHOOLS (HCSS)

ENGINEER: MT Engineering, LLC Ph: 517 437-4283 PO Box 232 Engineer: Matt Taylor, P.E.

Hillsdale, MI 49242

SEALED BID DUE DATE: Monday May 13, 2019 Location: HCSS Admin Bldg.

1:00 p.m., local time Superintendent’s Office 30 S. Norwood Ave Hillsdale, MI 49242

PUBLIC OPENING DATE: Monday May 13, 2019 Location: HCSS 1:00 p.m., local time Superintendent’s Office 30 S. Norwood Ave Hillsdale, MI 49242

BASIS OF PROPOSALS: Bids are primarily solicited on a Lump Sum Price basis. Unit

Prices are also solicited for HMA patching work on the subject site. Related unit prices include; Pavement Removal for Patch Work, Aggregate Base for Patch Work, HMA for Patch Work.

PROJECT DESCRIPTION: Base Bid Project Description:

Base Bid for existing parking lot pavement and base removal;

associated sidewalk and curb removal; incidental removals; minor storm sewer improvements; construction of new parking lot subbase and base; hot mix asphalt (HMA) paving; concrete curb and gutter and sidewalk; topsoil seed and mulch restoration.

Alternate Bid Description:

Alternate No. 1: Bid for completing existing parking lot area site lighting work, which includes all concrete pole bases, poles, fixtures, underground and interior conduit and connections.

Alternate No. 2: Bid for construction new parking lot on adjacent school owned lot located west of existing parking lot. Alternate includes stripping, earthwork, base construction, HMA paving, concrete curb and sidewalk and site lighting of new parking lot area. Note that Alternate No. 2 will not be selected without also awarding base bid work and Alternate No. 1 work.

Unit Price Description:

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Unit prices solicited on the proposal form are to be used at the Owners discretion to treat areas of deteriorated pavement at the subject site that are not shown on the drawings.

BID SECURITY: Each Proposal shall be accompanied by a cashier’s check, certified check, money order or bid bond, payable to the OWNER, in an amount not less than five percent (5%) of the amount of the Proposal, as a Bid Security. The Bid Security of the Bidders under consideration will be returned after approval of the Contract by the OWNER. All others will be returned within 2 working days after the Proposal opening.

CONTRACT SECURITY: The successful Bidder will be required to furnish satisfactory

Performance Bond, Labor and Material Bond in the amount of One Hundred Percent (100%) of the Contract and satisfactory insurance coverage. Bidders shall include the costs for these bonds in their proposal and identify said bond costs in the proposal form. After the submittal of proposals and prior to executing an agreement, the Owner at their discretion may waive the performance, labor and material bond requirement. In such case, the identified bond cost will be deducted from the original proposal amount.

DOCUMENTS ON FILE: MT Engineering, LLC

PO Box 232, 149 Lewis Street Hillsdale, MI 49242

Buy4Michigan Michigan Bid System https://www.bid4michigan.com/Hillsdale-Community- Schools.asp?AgencyID=1664&PageType=open

Builders Exchange of Kalamazoo

3431 E. Kilgore Rd Kalamazoo, MI 49001

DOCUMENT FEE: Hard Copy documents shall be available for pick-up beginning the afternoon of April 26th and shall also be forwarded to the above-listed advertising agencies on the same date. Documents will not be available at the HCSS offices. Prospective bidders shall contact MT Engineering, LLC (MTE) at (517) 437-4283 or at mtaylor@mte-llc.com to make arrangements for document pick-up or electronic delivery. Hard Copies of documents will be available for a non-refundable payment of forty five dollars ($45.00). Electronic copies can be provided at no cost. If prospective bidder chooses to receive electronic files, it is the

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PRE-BID CONFERENCE: All prospective bidders intending on submitting proposals shall visit the site prior to submitting a bid in order to familiarize themselves with local conditions. Site visits shall be made by first contacting the school facility manager to arrange a date and time for the visit.

HCSS Facility Manager:

Mr. Jeremy LaFollette, (517)439-9494 jeremy.lafollette@hillsdaleschools.org

PROPOSAL WITHDRAWAL: Withdrawal of any Proposal is prohibited for a period of 30 days after the actual date of the opening thereof.

OWNER’S RIGHTS: The OWNER reserves the right to accept any Proposal, to reject any or all Proposals, and to waive any irregularities in any Proposal, in the interest of the OWNER.

NON-DISCRIMINATION: The Hillsdale Community School System, in accordance with

Title VI of the Civil Rights Act of 1964 and Title 49, Code of Federal Regulations, hereby notifies all bidders that minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration of a bid award.

Bidders shall not discriminate against any employees or firm due to origin, race, age or physical conditions. CONTRACTOR shall be an equal opportunity employer.

Owner

Shawn Vondra By

Superintendent Title

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INSTRUCTIONS TO BIDDERS

General Work to be done under this Contract is generally described through the drawings and technical specifications and must be completed fully in accordance with the Contract Documents. All work to be done under this Contract is located in the City of Hillsdale within local proximity to HCSS administrative office.

HCSS shall make available to all prospective Bidders, prior to receipt of the Bids, access to the areas in which the work is to be performed. However, school is in session until June 7, 2019 and prospective bidders shall not visit the site without first contacting the HCSS facility manager. Areas within the scope of work will generally be allowed to be closed by the CONTRACTOR to faculty and staff upon the commencement of construction. HCSS may have other contractors working on site working and within the building in the vicinity of the front vestibule. This contractor is expected to make reasonable accommodations to others to allow access to the building.

Any proposal which does not conform fully to these instructions may be rejected.

Proposals Proposals must be submitted on the "Proposal" forms and "Bid Forms" provided, with each blank properly filled in. Sealed proposals will be received by the Owner at the HCSS superintendents office located at 30 S. Norwood St., Hillsdale, MI, at the time stipulated in the Advertisement. If electronic copies of documents are provided, bidder shall print hard copies, bind together the complete set of documents, complete "Proposal" forms and "Bid Forms" and submit. Bidder shall make copies of submitted materials for his records. The Proposals shall be publicly opened and read aloud at the time and place set forth in the Advertisement. Each Proposal must be enclosed in a sealed envelope, endorsed across one end, as follows:

Proposal for Hillsdale Community Schools 2019 Gier Elementary School Parking Lot Reconstruction Project

Insert Name of Bidder In case of a difference between the stipulated amounts in the Proposal written in words and the stipulated amounts written in figures, the stipulated amounts written in words shall govern in the Proposal.

Oral proposals or modifications will not be considered. Conditional proposals or conditions attached to proposals shall have no force or effect.

Before submitting the Bid, each Bidder should 1) examine the Contract Documents thoroughly, 2) visit the site to familiarize themselves with local conditions that may in any manner affect performance of the work, 3) familiarize themselves with Federal, State, and local laws, ordinances, rules, and regulations affecting performance of the work, and 4) carefully correlate their observations with the requirements of the Contract Documents.

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All questions about the meaning or intent of the Contract Documents shall be submitted to the Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than three (3) full business days prior to the date of Opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that they have complied with every requirement of this Article and the Contract Documents.

Addenda Any Addenda issued during the time of bidding or forming a part of the Contract Documents shall be included in the Proposal and shall be made a part of the Contract Documents. Receipt of each Addendum shall be acknowledged in the Proposal.

Unit Prices Contractor shall provide a cubic yard unit price for Subgrade Undercutting, Type II. This work shall be performed in accordance with MDOT 2012 Standard Specifications for Construction.

Allowances An allowance of $3500 shall be included in the contractors base proposal for subgrade undercutting and backfill. The cubic yard quantity provided as part of the allowance shall equal $3500 divided by the unit price provided in the proposal form. Allowances shall only be used after written authorization is received from the Engineer.

An allowance of $1500 shall be included in the contractors Alternate No. 1 proposal for furnishing a light pole for fixture S-3. Contractor shall submit cut sheet for up to 3 pole options for Owner to make final selection.

In the event a balance on the allowance remains at the end of the project, a change order will be issued deducting the balance remaining from the contract amount. All savings as a result of the non-use of the allowance will be the Owner’s.

Contract Award HCSS reserves the right to accept any Bid, to reject any or all Bids, to waive irregularities and/or informalities in any Bid, and to make the award in any manner the Hillsdale Community Schools believes to be in its best interest.

In evaluating the Bids, the HCSS shall consider the qualifications and experience of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. Bidders shall provide information required by HCSS, so HCSS can ascertain the Bidder’s qualifications and experience. Related qualifications and experience of subcontractors and other persons and organizations proposed for portions of the work shall be considered by HCSS when evaluating the Bids. HCSS may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of the Bidders, proposed subcontractors and the other persons and organizations to do the work in

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HCSS reserves the right to reject the Bid or any Bidder who does not pass any such evaluation to the satisfaction of HCSS.

If a Contract is to be awarded, it may be awarded to the lowest responsible responsive Bidder as determined by HCSS. However, HCSS reserves the right to by-pass the low bidder and award a contract in the best interest of HCSS. If the Contract is to be awarded, HCSS will give the apparent successful Bidder a Notice of Award.

Work Required It is the intent of the Contract Documents to provide that the Product to be supplied under this Proposal shall be complete and ready for use in every respect. Any minor items not specifically called for in the Plans or Specifications, but which are clearly necessary, are to be included at no increase in the Contract Price.

The Proposal shall include a sum to cover the cost of all items of work to be performed such that the Product to be supplied under this Proposal shall be complete and ready for use in every respect.

Subcontractors The Bidder shall identify each major subcontractor it expects to engage for this Contract if the work to be subcontracted is five (5%) or more of the bid sum. The Bidder also shall identify the work to be subcontracted to each major subcontractor.

The Bidder to whom an Award is made will not be entitled to additional compensation or extension of time by reason of their failure to fully understand all sub-proposals or quotations. The Bidder is responsible for all coordination between subcontractors and suppliers during the bidding and construction so that a complete project is furnished for the Contract Price and within the Contract Time.

Bid Security Each proposal must be accompanied by a certified check, or Bid Bond by a surety licensed and authorized to do business within the State of Michigan, in the amount of five percent (5%) of the total of the bid price payable to the Hillsdale Community Schools. The Bid Security of the Bidders under consideration will be returned after approval of the Contract by the Hillsdale Community Schools (HCSS). All others will be returned within 2 working days after the Proposal opening. The Bid Security of the successful Bidder will be retained until Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned. If Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within ten (10) days, Sundays and legal holidays excepted, of receipt of the Notice of Award, HCSS may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

Withdrawal of Bids Any Bidder may withdraw his Proposal, either personally or by telegraph or written request, at any time prior to the scheduled time for Opening of Proposals. After the time of opening, no Bid may be withdrawn for the period of days specified in the Advertisement.

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Contract Time The number of days for the Delivery of Work (the Contract Time) is set forth in the Bid Forms and will be included in the executed Agreement. Proposed contract time shall remain the same regardless of any Alternate selection by Owner.

Permits & Codes The successful Bidder shall comply with all required State and local construction permits and shall comply with all local building codes and inspection requirements. Contractor shall submit for and obtain all required state and or local construction permits, including obtaining a permit for the City of Hillsdale to place fencing. Contractor’s representative(s) shall be present during all state and local inspections.

Insurance & Bonds The successful Bidder will be required to carry insurance in the amounts and kinds specified in the General Conditions. Such insurance must be with companies and in a form satisfactory to HCSS, and certificates of such insurance must be attached to each copy of the executed Contract Documents. These certificates shall contain a provision that coverages afforded under the policies will not be cancelled or materially changed unless at least thirty (30) days prior written notice has been given to HCSS and Engineer, as evidenced by return receipt or registered or certified mail.

The successful Bidder shall provide an original conformed Performance Bond, Labor and Material Bond attached to each set of executed Contract Documents with a surety acceptable to the HCSS.

The Performance Bond shall be in the amount of One Hundred Percent (100%) of the Contract Price to insure the completion of the entire Project according to the Contract Documents.

The Labor Bond shall be in the amount of One Hundred Percent (100%) of the Contract Price for the protection of HCSS and to secure payments of all labor, materials and subcontractors according to the statute of the state at that time in effect.

Safety and Health The successful Bidder shall comply with the Health and Safety Regulations, Chapter XVII of Title 29 CFR, Part 1926, as promulgated by the Department of Labor and/or applicable State and local safety and health regulations.

Familial Disclosure Statement Each bidder shall complete the familial disclosure statement included in the contract documents.

This statement shall disclose any and all familial relationships that exist between the bidder or bidder employees and HCSS representatives or employees.

Nondiscrimination Hillsdale Community Schools (HCSS) in accordance with Title VI of the Civil Rights Act of 1964 and Title 49, Code of Federal Regulations, hereby notifies all bidders that minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not

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C:\Users\Matt\Desktop\Take Home Folders from Server\Gier South Parking Lot Reconstruction\DATA\2019_Gier_South Parking Lot Reconstruction Contract Doc.doc be discriminated against on the grounds of race, color, sex or national origin in consideration of a bid award.

The successful Bidder must be prepared to comply in all respects with the Labor Standards contract provision regarding nondiscrimination. Contracts for work under this Proposal will obligate the Contractors and Subcontractors not to discriminate in employment practices. Bidders must, if requested, submit a compliance report concerning Bidders and subcontractor’s employment practices and policies in order to maintain their eligibility to receive the Award of Contract.

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PROPOSAL

FOR THE HILLSDALE COMMUNITY SCHOOLS

2019 GIER ELEMENTARY SCHOOL PARKING LOT RECONSTRUCTION PROJECT

For the Hillsdale Community Schools, Hillsdale, Michigan

The undersigned, as Bidder, declares that this Bid is made in good faith, without fraud or collusion with any person or persons bidding on the same Contract; that this Bidder has carefully read and examined the bid documents, including Advertisement, Instructions to Bidders, Proposal, Bid Forms, Contract, Bond Forms, General Conditions, Technical Specifications, all Addenda, and the Plans, as prepared by the Engineer, and fully understands them. The Bidder declares that it attended the pre-bid conference and or conducted a full investigation at the site, and of the work proposed and is fully informed as to the nature of the work and the conditions relating to the work's performance. The Bidder also declares that it has extensive experience in successfully completing projects similar to this one. The undersigned proposes to perform all work shown on the plans or described in the bid documents, including any addenda issued, and to furnish all necessary machinery, tools, apparatus, and other means of construction to do all the work, furnish all the materials, and complete the work in strict accordance with all terms of the Contract of which this proposal is one part, including any and all addenda officially issued, the receipt of which is hereby acknowledged:

Addendum No./Dated Date of Receipt Signature

Award of Contract: The Contract may be awarded to the lowest responsive, responsible Bidder based on a Lump Sum basis.

Base Proposal Price: The Bidder agrees to complete the Project for the following lump sum:

Total Base Bid Price (Base proposal shall include a $3500 allowance for subgrade undercutting and backfill. The unit price provided herein shall be applied against this allowance per cubic yard of undercutting and backfilling actually performed.):

_______________________________________________________ Dollars ($_____________) (Amount shall be shown in both words and figures. In case of a discrepancy, the amount shown in words shall govern.)

Alternate No. 1: Existing Parking Lot Area Site Lighting: If the scope of work specified under this alternate is to be included in the project add to the base proposal the following lump sum (Note that Alternate No. 1 shall include a $1500 allowance for a fixture S-3 pole):

Alternate No.1 Add Price:

_______________________________________________________ Dollars ($_____________) (Amount shall be shown in both words and figures. In case of a discrepancy, the amount shown in words shall govern.)

Alternate No. 2: Bid for construction new parking lot on adjacent school owner lot located west of existing parking lot: If the scope of work specified under this alternate is to be included in the project add to the base proposal the following lump sum:

Alternate No.1 Add Price:

_______________________________________________________ Dollars ($_____________) (Amount shall be shown in both words and figures. In case of a discrepancy, the amount shown in words shall govern.)

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Subgrade Undercutting, Type II, Unit Price: If subgrade undercutting is authorized by the Engineer during construction the following unit price shall be applied per cubic yard for compensation for undercutting and backfilling work:

______________________________________________________ Dollars/Cyd($__________)

(Amount shall be shown in both words and figures. In case of a discrepancy, the amount shown in words shall govern.)

The following unit prices can be used as part of pavement patch work outside of the areas already illustrated on the plans: If asphalt pavement patch work is authorized by the Owner or Engineer during construction the following unit price shall be applied for asphalt patch work:

Pavement Removal, Patch Work $________/Syd Aggregate Base, 8 inch, Patch Work $________/Syd HMA, 13A, Patch Work $________/Ton

Performance, Labor and Material Bond Cost: The following dollar amount has been included in the Base Proposal Price and is equal to the performance, labor and material bonding cost for the project. If the project cost does not require the Owner to have to project bonded and the Owner chooses to waive the bonding requirement, the following amount can be deducted from the Base Proposal Price:

______________________________________________________ Dollars/Cyd($__________) (Amount shall be shown in both words and figures. In case of a discrepancy, the amount shown in words shall govern.)

The undersigned as Bidder declares that he/she has familiarized himself/herself with the site and the conditions under which all work must be performed. The undersigned further agrees that if the foregoing Proposal shall be accepted by the OWNER, he will, within ten (10) days (Sundays and legal holidays excepted) after receiving notice of such acceptance, enter into the attached form of Agreement and will complete the Project, ready for use, at the price and within the time stated in this Proposal, and that he will furnish the OWNER satisfactory Contract Bonds and certificates of insurance coverage. The undersigned further agrees that if the foregoing Proposal shall be accepted, he will commence work shortly after the Contract has been awarded, the Agreement executed and he has received a written Notice to Proceed and he shall complete all work, excluding that work associated with Alternate No. 2 prior to August 1, 2019. If alternate No. 2 work is to be included, Contractor agrees to complete all base bid work prior August 1, 2019 and all Alternate No. 2 work prior to August 10, 2019.

The Bidder acknowledges that it has not received or relied upon any representations or warrants of any nature whatsoever from the OWNER, its agents or employees, and that this Bid is based solely upon the Bidder's own independent business judgment.

The Bidder attaches a certified check or Bid Bond, as required in the Advertisement and Information to Bidders, in the amount of five percent (5%) of the total of the Bid Price. The Bidder agrees both to contract for the work and to furnish the necessary Bonds and Insurance Certificates within ten

(10) days after being notified of the acceptance of the Bid. If this Bid is accepted by the OWNER and the Bidder fails to contract and furnish the required Bonds and Insurance Certificates within ten

(10) days after being notified of the acceptance of this Bid, then the Bidder shall be considered to

P-3 C:\Users\Matt\Desktop\Take Home Folders from Server\Gier South Parking Lot Reconstruction\DATA\2019_Gier_South Parking Lot Reconstruction Contract Doc.doc have abandoned the Contract and the certified check or Bid Bond accompanying this Proposal shall become due and payable to the OWNER.

In submitting this Bid, it is understood that the right is reserved by the OWNER to accept any Bid, to reject any or all Bids, to waive irregularities and/or informalities in any Bid, and to make the award in any manner the OWNER believes to be in its best interest.

Bid Certification: I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or service, that it meets or exceeds all the specifications contained herein, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law, and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, and certify that I am authorized to sign for the bidder.

SIGNED THIS DAY OF , 2019.

Bidder’s Name

Official Address

Authorized Signature of Bidder

Telephone Number

Printed Name of Signer Above

Email Address

Fax Number

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SUBCONTRACTOR FORM

For purposes of this contract, a Subcontractor is anyone (other than the Contractor) who performs work (other than or in addition to the furnishing of materials, plans or equipment) at or about the construction site, directly or indirectly for, or on behalf of, the Contractor (and whether or not in privity of contract with the Contractor), but shall not include any individual who furnishes merely the individual’s own personal labor or services.

For the work outlined in these documents, the Bidder expects to engage the following major subcontractors to perform the work identified:

Subcontractor (Name and Address) Work

If the Bidder does not expect to engage any major subcontractor, the Bidder MUST complete the following statement:

For the work outlined in this request for Bid, the Bidder does NOT expect to engage any major subcontractor to perform work under the contract.

Signature of Authorized Representative of Bidder

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LEGAL STATUS OF BIDDER

(The Bidder shall fill out the appropriate form and strike out the other two.)

Bidder declares that it is:

*A corporation organized and doing business under the laws of the State of ________________, for whom _________________________________________________, bearing the office title of

_______________________________, whose signature and address is affixed to this proposal, is authorized to execute contracts.

*A partnership, list all members and the street and mailing address of each:

Also identify the County and State where partnership papers are filed:

County of ______________________, State of _____________________________

*An individual, whose signature with address, is affixed to this proposal: _________________ (initial here)

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STATEMENT REGARDING FAMILIAL RELATIONSHIP

AFFIDAVIT OF ________________________________________________________

(Name of Affiant)

STATE OF MICHIGAN

COUNTY OF ______________________________

____________________________________ makes this Affidavit under oath and states as follows:

1. I am a/the President

Vice-President Chief Executive Officer Member Partner

Other (please specify) _____________________________ of _____________________________________________, a bidder on a construction project for

(insert name of contractor) Hillsdale Community Schools that involves, at least in part, construction of a new school building or an addition to or repair or renovation of an existing school building or building site elements.

2. I have personal knowledge and/or I have personally verified that the following are all of the familial relationships existing between the owner(s) and employee(s) of the aforementioned contractor and the school district’s superintendent and/or board members.

3. I have authority to bind the aforementioned contractor with the representations contained herein, and I am fully aware that the school district will rely on representations in evaluating bids for the construction project.

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4. I declare the above information to be true to the best of my knowledge, information and belief. I could completely and accurately testify regarding the information contained in this affidavit if requested to do so.

(signature of affiant)

STATE OF MICHIGAN

County of________________)

This instrument was acknowledged before me on the ______day of_____________, 20__, by

___________________________, Notary Public, _________________________County, Michigan

My Commission Expires:___________________

Acting in the County of:____________________

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AGREEMENT

THIS AGREEMENT, made as of the ________ day of ________________, 2019, by and between the HILLSDALE COMMUNITY SCHOOLS, hereinafter called the OWNER, and hereinafter called the CONTRACTOR.

WITNESSETH, that whereas the OWNER intends to construct

2019 GIER ELEMENTARY PARKING LOT RECONSTRUCTION PROJECT

hereinafter called the Project, in accordance with the Plans, Specifications and other Contract Documents prepared by MT Engineering, LLC, of Hillsdale, Michigan, hereinafter called the

ENGINEER.

NOW, THEREFORE, The OWNER and CONTRACTOR for the considerations hereinafter set forth, agree as follows:

I. THE CONTRACTOR AGREES to furnish all the necessary labor, materials, equipment, tools, and services necessary to perform and complete, in a workmanlike manner, all work required for the construction of the Project, in strict compliance with the Contract Documents herein mentioned, which are hereby made a part of the Contract, including the following Addenda:

Addendum No. Dated

A. Contract Time: Work under this Agreement shall be commenced upon receipt of Notice to Proceed, and the entire work shall be completed prior to August 1, 2019.

If the CONTRACTOR refuses or fails to prosecute the work, or any separate part thereof, with such diligence as will insure its completion, ready for use within the number of calendar days specified herein, or any extension thereof, or fails to complete said work within such time, the OWNER may, by written notice to the CONTRACTOR, terminate his/her right to proceed with the Project or such part of the Project as to which there has been delay. In such event the OWNER may take over the Project and prosecute the same to completion, by contract or otherwise, and the CONTRACTOR and his Sureties shall be liable to the OWNER for any excess cost occasioned the OWNER thereby. If the CONTRACTOR’s right to proceed is so

A-2 C:\Users\Matt\Desktop\Take Home Folders from Server\Gier South Parking Lot Reconstruction\DATA\2019_Gier_South Parking Lot Reconstruction Contract Doc.doc terminated, the OWNER may take possession of and utilize in completing the Project such materials, appliances, and plant as may be on the site of the Project and necessary therefore.

B. Subcontractors: The CONTRACTOR agrees to bind every subcontractor by the terms of the Contract Documents. The Contract shall not be construed as creating any contractual relation between any Subcontractor and the OWNER.

II. THE OWNER AGREES to pay and the CONTRACTOR AGREES to accept, in full payment for the performance of this Contract, an amount to be determined by the Lump Sums and unit prices set forth in the attached Proposal.

This lump sum amount is to be:

___________________________________________________ Dollars ($________________) in accordance with the provisions of the Contract Documents.

A. Progress Payments will be made in accordance with the General Conditions.

III. CONTRACT DOCUMENTS: The Contract comprises the Contract Documents listed in the General Conditions of the Contract. In the event that any provision of one Contract Document conflicts with the provision of another Contract Document, the provision in that Contract Document first listed below shall govern, except as otherwise specifically stated:

A. Agreement (this instrument) B. Modifications C. Addenda to Contract Documents D. Supplementary Conditions E. Instructions to Bidders F. General Conditions G. Technical Specifications H. Drawings & Drawing Notes

IV. AUTHORITY AND RESPONSIBILITY OF THE ENGINEER: All work shall be done under the observation of the ENGINEER. The ENGINEER shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Plans and Specifications and all questions as to the acceptable fulfillment of the Contract on the part of the CONTRACTOR.

V. SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interests or obligations hereunder without written consent of the other party.

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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year first above written.

ATTEST

ATTEST

Contractor

By

BUSINESS ADDRESS

Telephone

By

B-1

PERFORMANCE BOND

(1) ___________________________________________________________________________ of

__________________________________________________________ (referred to as "Principal"), and ______________________________________________, a corporation duly authorized to do business in the State of Michigan (referred to as "Surety"), are bound to the Hillsdale Community Schools (referred to as "OWNER"), in the amount of

$________________________________________________Dollars ($____________) for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by this bond.

(2) The Principal has entered a written Agreement with the OWNER, dated ____________________, 2019, for construction of the

HILLSDALE COMMUNITY SCHOOLS

2019 GIER ELEMENTARY SCHOOL PARKING LOT RECONSTRUCTION

PROJECT

In accordance with Plans and Specifications prepared by MT ENGINEERING, LLC, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. This bond is given for that Agreement in compliance with Act No. 213 of the Michigan Public Acts of 1963, as amended.

(3) Whenever the Principal is declared by the OWNER to be in default under the Contract, the Surety may promptly remedy the default or shall promptly:

(a) Complete the Contract in accordance with its terms and conditions; or

(b) Obtain a bid or bids for submission to the OWNER for completing the contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, arrange for a Contract between such Bidder and the OWNER, and make available, as work progresses, sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth in paragraph 1.

(4) Surety shall have no obligation to the OWNER if the Principal fully and promptly performs under the Contract.

(5) Surety agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under, or the specifications accompanying it shall in any way affect its obligations on this bond, and waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work, or to the specifications.

SIGNED AND SEALED this ______________ day of ____________________________ , 2019.

(Name of Surety Company)

(Name of Principal)

By __________________________________

(Signature)

By________________________________________

Its __________________________________

(Title of Office) Its _______________________________________

(Title of Office) Bond No._____________________________ Approved as to form:

Title:

Name and address of agent:

B-2

LABOR AND MATERIAL BOND

(1) ___________________________________________________________________________ of

__________________________________________________________ (referred to as "Principal"), and ___________________________________________, a corporation duly authorized to do business in the State of Michigan (referred to as "Surety"), are bound to the Hillsdale Community Schools (referred to as "OWNER"), for $______________________________________________ Dollars ($________), the payment of which Principal and Surety bind themselves, their heirs, execu-tors, administrators, successors and assigns, jointly and severally, by this bond.

(2) The Principal has entered into a written Agreement with the OWNER, dated

____________________, 2019, for:

HILLSDALE COMMUNITY SCHOOLS

2019 GIER ELEMENTARY SCHOOL PARKING LOT RECONSTRUCTION

PROJECT

In accordance with Plans and Specifications prepared by MT ENGINEERING, LLC, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

(3) NOW, THEREFORE, THE CONDITION OF THIS OBLIGIATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;

otherwise it shall remain in full force and effect, subject, however, to the following conditions:

i. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract.

ii. The above named Principal and Surety hereby jointly and severally agree with the OWNER that every claimant as herein defined, who has not been Paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant’s work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The OWNER shall not be liable for the payment of any costs or expenses of any such suit.

iii. No suit or action shall be commenced hereunder by any claimant:

1. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the OWNER, or the Surety above named, within in ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, OWNER, or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid Project is located, save that such service need not be made by public offer.

2. After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied

B-3 in this bond is prohibited by any law controlling the construction hereof; such limitation shall be deemed to be amended so as to equal to the minimum period of limitation permitted by such law county or other political subdivision of the State in which the Project, or any part thereof, is situated; or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.

iv. The amount of this bond shall be reduced by and to the extent of any payments or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics’ liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.

SIGNED AND SEALED this ______________ day of ____________________________ , 2019.

(Name of Surety Company)

(Name of Principal)

By __________________________________

By________________________________________

Its __________________________________

(Title of Office) Its _______________________________________

(Title of Office) Bond No._____________________________

Approved as to form:

By:__________________________________ Title:

Name and address of agent:

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TS-1

GENERAL CONDITIONS

Table of Contents

Art.

No. Title Page

Art No. Title Page

1 Definitions of Words & Phrases .................... GC-1 10 Changes in the Work ..................................... GC-14

2 Preliminary Issues ........................................ GC-3 11 Change of Contract Price ............................... GC-14

3 Correlation, Interpretation & Intent of Contract Documents

12 Change of Contract Time ............................... GC-16 GC-4

Warranty and Guarantee; Test and Inspections; Correction, Removal or Acceptance of Defective Work ....................... GC-17

4 Availability of Lands; Physical Conditions;

Reference Points

GC-4

5 Insurance and Bonds ................................... GC-5

6 Contractor's Responsibilities ....................... GC-7 14 Payments and Completion ............................. GC-18

7 Work By Others ........................................... GC-12 15 Suspension of Work and Termination ............ GC-22

8 Owner's Responsibilities ............................. GC-12 16 Office Space .................................................. GC-23

9 Status of Engineer During Construction ...... GC-12 17 Miscellaneous ................................................ GC-23

ARTICLE 1 – DEFINITIONS OF WORDS & PHRASES

Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Agreement: The written agreement between OWNER and CONTRACTOR covering the work to be performed; other Contract Documents are attached to the Agreement.

Application for Payment: The form submitted by CONTRACTOR and approved by ENGINEER which is to be used by CONTRACTOR In requesting progress payments and which is to include the schedule of values required by Paragraph

14.1 and an affidavit of CONTRACTOR that progress payments theretofore received on account of the work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed.

Bidder: Any person, firm, or corporation submitting a Bid for the work.

Bonds: Bid, performance and payment bonds, and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents.

Change Order: A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

Contract Documents: The Agreement, Addenda (whether issued prior to the Opening of Bids or the execution of the Agreement), Instructions to Bidders, CONTRACTOR's bid, the Bonds, the Notice of Award, these General Conditions, the supplementary Conditions, the Specifications, Drawings, and Modifications.

Contract Price: The total monies payable to CONTRACTOR under the Contract Documents.

Contract Time: The number of days stated in the Agreement for the Completion of the Work, computed as provided in

TS-2

Paragraph 17.2.

CONTRACTOR: The person, firm, or corporation with whom OWNER has executed the Agreement.

Day: A calendar day of twenty-four (24) hours measured from midnight to the next midnight.

Drawings (Plans): The drawings, also commonly known or referred to as Plans, which show the character and Scope of Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.

ENGINEER: The person, firm, or corporation named as such in the Agreement.

Field Order: A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the work in accordance with Paragraph 10.2.

Modification: (a) A written amendment of the Contract Documents signed by both parties; (b) A Change Order; (c) A written clarification or interpretation issued by ENGINEER in accordance with Paragraph 9.3; or (d) A written order for a minor change or alteration in the work issued by ENGINEER pursuant to Paragraph 10.2. A Modification may only be issued after execution of the Agreement.

Notice of Award: The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him/her within the time specified, OWNER will execute and deliver the Agreement to him/her.

Notice to Proceed: A written notice given by OWNER to CONTRACTOR (with a copy to…