PROJECT MANUAL

Alanson Public Schools Roof Replacement Alanson, Michigan

August 3, 2020

CONSTRUCTION MANAGER

Moore Trosper Construction Co.

4224 Keller Road

Holt, Michigan 48842

ARCHITECT

Anthony P. Esson, Architect PO Box 479

Gaylord, Michigan 49734

ALANSON PUBLIC SCHOOLS

ROOF REPLACEMENT

SECTION 000110

TABLE OF CONTENTS

MOORE-TROSPER CONSTRUCTION CO. Section 000110 - Page 1 of 1

Division 00 – Bidding and Contracts

000101 Project Title Page 000110 Table of Contents

Bidding Requirements

001100 Bid Advertisement 002113 Bid Instructions 002413 Scopes of Bids 003113 Preliminary Construction Schedule 004126 Bid Form

Requirements for Contract

005233 Agreement Form 006113 Performance and Payment Bond 007316 Insurance Requirements

DIVISION 01 – General Requirements

012200 Unit Prices 012900 Payment Procedures 012600 Contract Modification Procedures 012973 Schedule of Values 013323 Shop Drawings, Product Data, and Samples 013529 Health, Safety, and Emergency Response Procedures 017700 Closeout Procedures 017823 Operation and Maintenance Data 017839 Record Documents

DIVISION 07 – Roofing

075423 Polyvinyl-Chloride Roofing – Mechanically Attached

END OF SECTION

SECTION 001100

BID ADVERTISEMENT

MOORE-TROSPER CONSTRUCTION CO. Section 001100 - Page 1 of 2

PROJECT: Alanson Public Schools Roof Replacement

OWNER: Alanson Public Schools 7400 North Street Alanson, Michigan 49706

ARCHITECT: Anthony P. Esson, Architect PO Box 479 Gaylord, Michigan 49734

CONSTRUCTION MANAGER: Moore Trosper Construction Company 4224 Keller Road Holt, Michigan 48842 Project Manager: Brian Moore E-mail: bmoore@mooretrosper.com

Pre-bid Conference:

A pre-bid conference will be held at 10:00 AM on Thursday, August 13, 2020, at Alanson Public Schools, 7400 North Street, Alanson, Michigan. (Subject to the requirements of the Law.)

Bid Date:

Lump sum sealed proposals will be received addressed to Rachelle Cook, Superintendent, Alanson Public Schools, 7400 North Street, Alanson, Michigan by 11:00 AM on Thursday, August 27, 2020.

Proposals will only be accepted on the proposal form provided under specification section 004126. The bids will be opened publicly at 11:15 AM. (Subject to the requirements of the Law.)

Bid Categories:

01 Roofing

Bid Documents:

Bid Documents, drawings and specifications will be available through Moore Trosper Construction Company via the website noted below. Costs for document reproduction will be borne by each bidder.

Document Website: https://mooretrosper.sharefile.com/ User Name: planroom@mooretrosper.com Password: Publicplans1

Documents will also be posted on the following locations:

State of Michigan SIGMA VSS (Vendor Self Service)

Request for Further Information:

All questions during the bidding period shall be referred to Brian Moore at Moore Trosper Construction Company at bmoore@mooretrosper.com. Absolutely no direct contact with the Architect or Owner will be permitted.

mailto:bmoore@mooretrosper.com https://mooretrosper.sharefile.com/i/ie56f18490a043be9 mailto:planroom@mooretrosper.com mailto:bmoore@mooretrosper.com

SECTION 001100

BID ADVERTISEMENT

MOORE-TROSPER CONSTRUCTION CO. Section 001100 - Page 2 of 2

Pre-qualification

All bidders are required to be pre-qualified prior to award of contract (not prior to bidding).

Interest in Project

Any bidder wishing to be on the bidders list for this project please send an e-mail to Moore Trosper Construction Company at info@mooretrosper.com. The requirements for bidding this project in addition to the above referenced items are:

A bid bond will be required (5% of total bid).

Ability to provide a bond for 100% of the amount of each bid.

Pay applications per AIA documents.

Pre-qualification includes a review of financials, safety records and law suits, etc.

SECTION 002113

BID INSTRUCTIONS

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Definitions

All definitions set forth in the General and Supplementary Conditions of the Contract for Construction are applicable to these Instructions to Bidders.

“Bid Documents” include the contract, the General Conditions the Bid Advertisement the Project Manual (Specifications) all Drawings, and bid addenda issued for the purpose of preparing a bid proposal.

“Bid Category” are areas of Work performed by a Trade Contractor and its Subcontractors.

“Addenda” are written or graphic instruments issued prior to the execution of the Contract which modify or interpret the Bidding Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections.

“Bid” means a proposal prepared and submitted as required herein.

“Trade Contractor” shall refer to the entity contracted to perform the Work of one or more bid categories whether referred to in the Contract Documents as Contractor, Subcontractor, Entity, or Trade Contractor.

“Entities,” Entity shall refer to the Owner, Supplier, Contractor, Subcontractor, Individual, etc. contracted to perform the Work related to the Project.

Bidders Representation

Each Bidder, by submitting a bid, represents that the Bidder has read and understands the Bidding Documents, has visited the site and is familiar with the local conditions under which the Work is to be performed and has made his own review therefore of the facilities and difficulties attending the performance and completion of the Work.

Bidding Procedures

Combined bids of two or more bid categories may be submitted. Submitted as independent with the requirements as if submitting individually.

All bids must be submitted on the unaltered Bid Proposal Forms provided as part of the Bid Documents and in accordance with these Instructions to Bidders.

Each Bidder shall ascertain prior to submitting a bid that he has received all Addenda issued and shall acknowledge receipt on the Bid Proposal Form.

All bids must be signed as follows:

Corporations: Signature of official shall be accompanied by a certified copy of the resolution of the board of directors authorizing the individual signing to bind the corporation.

Partnerships: Signature of one partner shall be accompanied by a certified copy of the power of attorney authorizing the individual signing to bind all partners. If a certified copy of the partnership’s certificate submitted with the bid indicated that all partners have signed, no authorization is required.

Bids submitted by joint ventures shall be signed by one of the joint ventures and shall be accompanied by a certified copy of the power of attorney authorizing the individual signing to bind all the joint ventures.

Individual signing on own behalf: No authorization is required.

Individual signing on behalf of another: Power of attorney or comparable evidence of authority shall accompany bid.

Bids shall be submitted in an opaque, sealed envelope. Facsimile and e-mail bids will not be accepted.

SECTION 002113

BID INSTRUCTIONS

MOORE-TROSPER CONSTRUCTION CO. Section 002113 - Page 2 of 4

A bid shall be invalid if it is not delivered to the location indicated in the Bid Advertisement on or before the required bid due date and time.

No responsibility shall attach to the Construction Manager, the Owner, or representatives of either, for premature opening of any proposal, which is not properly addressed, delivered and identified.

Negligence in preparation, improper preparation, error in and/or omissions from the bid shall not relieve the Bidder from fulfillment of any and all applicable obligations and requirements of the contract documents.

The Owner, Architect/Engineer or Construction Manager, in making copies of the Bidding Documents available, do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use.

All bids submitted shall be for the specified base specifications and scope of Work with no exceptions.

Exceptions in the base bid may be considered as basis for rejection.

Voluntary alternates will be considered at the Architect and Owner’s discretion.

Bidder shall not modify, withdraw or cancel a bid or any part thereof for sixty (60) days after the time designated for the receipt of bids.

Bid Document Review

Each Bidder shall examine the Bidding Documents carefully and, not later than seven (7) days prior to the date for receipt of bids, shall make written Request For Information (RFI) to Moore-Trosper Construction Company for interpretation or correction of any ambiguity, inconsistency or error therein discovered. Only written interpretation or correction by Addendum shall be binding.

Each Bidder shall submit a bid proposal based on the entire set of Bid Documents. Bidders shall review all Drawings and Specifications to identify work related to its respective bid category. Complete sets of Drawings are available for review at the locations indicated in the Bid Advertisement/Invitation for Bids or may be obtained from Moore-Trosper Construction Company.

Failure to review the complete set of documents and to identify items reasonably interpreted to be in the scope of the Bid Category shall not relieve the Trade Contractor of its responsibility to perform the Work.

Any incidental item of material, labor or detail, required for proper execution and completion of the Work, omitted from the Contract Documents, but required by governing codes, local regulations, trade practices, operational functions, and quality workmanship, shall be provided as part of the contract Work at no additional cost, even though not specifically detailed or noted.

Trade Contractor shall not scale Drawings to obtain dimensions.

Site Review

A mandatory pre-bid meeting will be held Thursday, August 13, 2020 at 10:00 at 7400 North Street, Alanson, MI. The Bidder represents that it has carefully inspected the Project site and examined the Drawings and Specifications and other Contract Documents and is familiar with and has satisfied itself as to the nature, location and amount of the Work, the Bidder’s access thereto and ability to perform the Work, local code requirements applicable to the Work and requirements of permits and inspections, safety and barricade requirements, the terms and conditions of any applicable project labor and collective bargaining agreements, as well as the quality, quantity and availability of labor, materials, equipment and facilities and other items required for the performance of the Work and the possible limiting physical and other conditions which may be encountered in the performance of the Work and assumes all risks therefrom. The Bidder has determined, by its own investigation and research, all the conditions affecting the Work to be performed and materials to be furnished and does not rely upon any representation by the Owner or Construction Manager in connection therewith. In performing the Work, Bidder accepts the

SECTION 002113

BID INSTRUCTIONS

MOORE-TROSPER CONSTRUCTION CO. Section 002113 - Page 3 of 4 condition of the Project site as-is and assumes the risks with regard to existing conditions at the Project site.

The Bidder shall take its own measurements and be responsible for the correctness of same.

The Bidder shall be held to have made such examinations of the premises and no allowances will be made on its behalf by reason of error or omission on its part.

Plans, diagrams and other descriptive information which depict existing conditions are provided for scope identification and scheduling purposes only. Quantities, elevations, measurements and locations shown may have been approximated and/or gathered from dated, incomplete original construction documents.

This data should not be used for bidding purposes without field verification by the Bidder.

The Bidder’s own Contract Document review and site inspection review of the work areas shall be relied upon to provide the Bidder information he may require to properly execute and complete the work.

Questions must be submitted in writing (RFI) to the Construction Manager at least seven (7) days before the date for receipt of bids to allow time for written Addenda to be issued.

Material Substitutions

Each bid shall be based upon materials and equipment described in the Bidding Documents.

Material and equipment substitutions will not be considered unless written request has been submitted for approval at least seven (7) days prior to bid due date. Only approvals in a written Addendum shall be binding. Each substitution request shall include the following:

a. Complete description of the proposed substitution.

b. Information regarding specified material or equipment for which substitution is being submitted.

c. Drawings.

d. Manufacturer’s literature.

e. Performance and test data.

f. Effect on performance characteristics.

g. Impact on the Work of other trades.

h. Any other data or information necessary for a complete evaluation.

Owner/Construction Managers Rights

Bidder acknowledges the right of the Owner or Construction Manager to reject any or all bids and to waive any informality or irregularity in any bid received. In addition, the Bidder recognizes the right of the Owner or Construction Manager to reject a bid for no reason or any reason including but not limited to the following:

a. Bidder fails to furnish or submit data required in the Bidding Documents;

b. Bid is in any way incomplete or irregular;

c. Bidder’s performance as a Trade Contractor was unsatisfactory under a prior contract for the construction, repair, modification, or demolition of a facility with the Owner, Construction Manager or Architect;

d. Known poor performance on prior contracts with parties other than the Construction Manager, Owner or Architect; or

e. Unsatisfactory financial condition.

The Owner may accept alternates which serve its own best interest. The Owner shall have the right to accept alternates in any order or combination and to determine the low Bidder on the basis of the sum of the base bid and bid alternates accepted.

Bidders to whom award of a contract is under consideration shall submit to the Construction Manager, upon request, a properly executed New Vendor Evaluation Form.

SECTION 002113

BID INSTRUCTIONS

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Equal Opportunity Policies

The Bidder agrees that it will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin or age. The Bidder shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, sex or national origin.

Bid Security

Each bid shall be accompanied by a bid security in an amount of not less than 5% of the total base bid sum, pledging that the Bidder will enter into a contract with the Construction Manager under the terms stated in the Bidding Documents. This bid security will be made out to Alanson Public Schools and be in the form of a certified check, cashiers’ check, or bid bond (for any contractor wanting to provide a check contact the Construction Manager for instructions for delivery).

The Owner and/or the Construction Manager will have the right to retain the bid security of Bidders under consideration until the Contract has been executed and bonds have been furnished, the specified time has elapsed so that bids may be withdrawn, or all bids have been rejected.

The amount of the bid security shall be forfeited to the Owner upon failure of the successful Bidder to enter into a Contract within fifteen (15) business days after acceptance of the proposal.

Performance and Labor and Material Payment Bonds

100% Performance and 100% Labor and 100% Material Payment Bonds will be required as a condition of the Contract. Cost of said bonds SHALL be included in the base bid.

SECTION 002416 SCOPE OF WORK

BID FORM

SECTION 002416

SCOPE OF WORK

BID CATEGORY SPECIFIC NOTES

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BID CATEGORY 1A-Roofing

GENERAL – The following shall not be interpreted as a complete itemization of the work to be performed under this Bid Category. This Bid Category Trade Contractor shall be responsible to perform all work reasonably interpreted to be included in its scope of work in accordance with the drawings and specifications in addition to these Bid Category notes of clarification.

BASE SPECIFICATION

075423 – POLYVINYL-CHLORIDE ROOFING – MECHANICALLY ATTACHED

Include (Furnish and Install u.n.o):

1. Coordinate opening requirements

2. Coordinate sequence of the Work to avoid rework and return trips.

3. Furnish, install and remove any temporary roof protection Perform all select demolition and proper disposal of items called out to be removed or reworked.

4. Furnish and install all wood blocking nailers and misc. fastening devices

5. Remove and reinstall door thresholds as indicated

6. Furnish and install all misc. roofing (edge) metals

7. Remove, relocated and reset condensing units as needed to facilitate roof replacement. Support existing gas lines as indicated on drawings

8. Remove and replace roof strainers as identified

9. Remove reinforced PVC walk pads and CMU at the antenna support structure and reinstall after new roof is installed.

10. Furnish & install all required sealants

11. Furnish & install fixed and angled ladders

Other Scope of Work items:

1. Attend a mandatory pre-bid walk through

2. Included the cost of the building permit through the State of Michigan (LARA BCC)

Special considerations:

Provide a unit cost for insulation removal and replacement - The unit price will be to remove saturated insulation (if any is encountered) and replace it with new of the same material and thickness. Price given should be per SF, per inch of thickness. (See bid form)

SECTION 003113

SCHEDULE

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Milestone dates identified herein shall become binding under the Contract. The Bidder represents that it will provide sufficient labor, material, supervision, equipment and other necessary resources to achieve the milestone dates.

Requirements

1. Bidders shall review the milestone schedule for Work included in the construction documents and advise, at bid time, of any severe discrepancies identified.

2. Bid Proposals shall be based on overall time duration provided in the milestone schedule for all construction activities.

3. Trade Contractors will be required to submit monthly progress reports and updated schedules as directed by the Owner and /or Architect.

4. The Construction Manager will endeavor to incorporate Trade Contractor input into the final project schedule. Under no circumstances will data be incorporated that causes delay to any milestone or to the overall project completion date.

5. The Trade Contractor shall review, check, approve and submit, in such sequence as to cause no delay in the Work or in the Work of the Owner or any separate Trade Contractor, all shop drawings, product data and samples required by the Contract Documents.

6. Trade Contractors failing to meet the project schedule shall be required to submit a detailed recovery schedule within two (2) days of notification by the Owner, Architect, or Construction Manager. Such recovery schedule shall contain sufficient detail to satisfy the requirements of the Owner, Architect, or Construction Manager and shall include overtime as necessary to accomplish recovery in the shortest possible duration.

7. All additional expense including overtime cost expended by other Entities and that of the failing Trade Contractor necessary to recover lost schedule time shall be paid for by the Trade Contractor responsible for the project delay.

8. All schedule “float time” shall belong exclusively to the Owner, Architect, and Construction Manager.

9. Milestone dates are as follows:

a. Mandatory pre-bid walk through August 13, 2020 at 10:00 am

b. Bids due August 27, 2020 at 11:00 am

c. Recommendation to District September 4, 2020

d. Contract award by September 16, 2020

e. Shop drawing review and permit procurement September 18, 2020

f. Construction September 18 – November 13, 2020

g. Project closeout and final inspections complete November 14, 2020

SECTION 004126

BID FORM

BIDDER’S NAME:

MOORE-TROSPER CONSTRUCTION CO. Section 004126 - Page 1 of 5

PROJECT: Alanson Public Schools Roof Replacement

OWNER: Alanson Public Schools 7400 North Street Alanson, Michigan 49706

ATTENTION: Rachelle Cook, Superintendent

ARCHITECT: Anthony P. Esson

CONSTRUCTION MANAGER: Moore Trosper Construction Company

Proposal This offer has been prepared after our examination of the complete drawings and specifications, together with their related documents, and our examination of the conditions surrounding the construction of the proposed work including the availability of materials, equipment and labor. The undersigned submits the following offer to enter into a Contract with Moore Trosper Construction Company and agrees to furnish all labor, material, equipment and service to complete the Work in accordance with the Contract Documents for:

Bid Category No(s).: Description:

For the Lump Sum Base Bid of: ($ ) _____________________________

______________________________________________________________________________ Dollars

Performance and Labor and Material Payment Bond The undersigned agrees to furnish a Performance and Labor and Material Payment Bond, cost of such bonds is (INCLUDE BOND COST IN THE BASE BID PRICE):

($ ) Dollars

Addenda The undersigned acknowledges receipt of the following Addenda and has included the cost thereof in the Lump Sum Base Bid:

No.______ Date _________; No. ____ Date _________; No. _____ Date _________

No.______ Date _________; No. ____ Date _________; No. _____ Date _________

Experience Modification Rating (EMR) List the EMR for your firm as determined by your insurance carrier for the past three (3) years.

2020__________ 2019 __________ 2018 __________

Unit Prices Unit prices are listed within each Bid Category Work Scope (see section 002413) and shall be quantified below.

Description $ / Unit

Remove saturated insulation (if any is encountered) and replace with new of the same material and thickness. ($ per SF, per inch of thickness)

SECTION 004126

BID FORM

BIDDER’S NAME:

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Voluntary Alternates

Voluntary alternates that could serve lower cost, increase quality, or simplify construction shall be reviewed by the Owner, Architect and Construction Manager. Bidders may attach a separate sheet with detailed description. Please note attachments, if any, below.

Description Amount (note add or deduct)

Bid Security

Bid security in the amount of 5% of the proposal, shall accompany this proposal.

Rejection of Bid

The undersigned acknowledges the right of the Owner to reject any or all bids and to waive any informality or irregularity in the bid.

Schedule

The undersigned acknowledges that it shall meet requirements of the Project Schedule (Section 003113).

Time and Material Rates Labor rates below are to include Cost of labor including Michigan Single Business Tax, Social Security and Medicare, Federal and State Unemployment Tax, and Fringe Benefits under Collective Bargaining Agreements, and Worker’s Compensation Insurance. The rates listed below DO NOT include overhead and/or profit. These rates are only for additions and/or deletions to the contract that could not have been anticipated at the time of the bid. Include all trade sub-designations (ie. Apprentice, Journeyman, Foreman etc.)

Trade & Sub-Designations

Straight Time

Shift Time 1 & ½ Time

Double

Time

1.

2.

3.

4.

5.

6.

Extra Work

The undersigned agrees that:

1. A maximum of 15% overhead and profit will be allowed for Changes in the Work performed by the

Trade Contractor.

2. A maximum of 5% overhead and profit will be allowed for Changes in the Work for any tier

Subcontractor.

3. For changes involving both additional costs and credits to the Contract, the mark-up will be allowed on the net add only after all credits have been deducted from the additional work.

SECTION 004126

BID FORM

BIDDER’S NAME:

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LEGAL ADDRESS:

ZIP CODE:

CONTACT NAME:

TELEPHONE NO.:

FAX NO.:

EMAIL ADDRESS:

The Bidder declares the following legal status in submitting this Proposal: (Check one)

A Corporation organized and existing under the laws of the State of Michigan

A Partnership

Other

SIGNATURE

Respectfully submitted:

SIGNATURE

BY:

TITLE:

DATE:

WITNESSED BY:

Federal Employer Identification No.:

State License No.:

SECTION 004126

BID FORM

BIDDER’S NAME:

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FAMILIAL RELATIONSHIP

1. GENERAL

1.1 Each Bidder shall complete, execute and submit with its Bid Proposal the following Familial Relationship Sworn Statement.

SWORN STATEMENT

Date:

School District: Alanson Public Schools Project: Roof Replacement

I/We disclose below any familial relationship that exists between the Owner or any employee of Bidder and any member of the Board of Education, Board of Directors or the Superintendent of Alanson Public Schools.

Familial Relationships: None Listed Below

School District Bidder Employee/Position Relationship Associate/Position

Subscribed and sworn to before me (Company Name)

By: this day of , year (Authorized signer)

(Print or type Name and Title of Signer) (Signed by Notary Public)

Address: My commission expires:

Telephone:

SECTION 004126

BID FORM

BIDDER’S NAME:

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AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

The undersigned, the owner or authorized officer of the below named Bidder (the “Bidder”), pursuant to the compliance certification requirement, hereby certifies, represents and warrants that the Bidder (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Bidder is awarded a Contract for work on the Alanson Public Schools Roof Replacement project, the Bidder/Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the Contract.

The Bidder further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date it is determined that the person has submitted the false certification.

Subscribed and sworn to before me (Company Name)

By: this day of , year (Authorized signer)

(Print or type Name and Title of Signer) (Signed by Notary Public)

Address: My commission expires:

Telephone:

SECTION 005233

AGREEMENT FORM

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General

The Contract form will be a purchase order issued by Moore Trosper Construction Company, including Attachment #1 – General Terms and Conditions and Attachment #2 – Application and Certificate for Payment.

Trade Contractors are bound to the terms of AIA A133-2009 Standard Form of Agreement between Owner and Construction Manager as Constructor, and AIA A201-2017 General Conditions of the Contract for Construction.

ATTACHMENT #1 406FR004 Version 4 Rev. Date 12/28/07

GENERAL TERMS AND CONDITIONS

Subcontractor’s signature on the face of the Purchase Order indicates acceptance of these General Terms & Conditions and any Attachments.

1. GENERAL CONTRACT.

Moore Trosper Construction Company (“Contractor”) has entered, or contemplates entering, into a General Contract with (“Owner” or “Prime Contractor”) for construction of (“Project”), located at in accordance with the plans and specifications prepared for the job by and other Contract Documents. The Contract Documents consist of plans, drawings, specifications, invitations to bidders, instructions to bidders, the proposed general conditions, special conditions, addenda and modifications to any and all foregoing, and the contract or subcontract of the Contractor with the Owner or the Prime Contractor.

Project Start Date: Date of Plans:

Project

Completion Date:

Date of

Specifications:

Addendum # Date Addendum # Date Addendum # Date Addendum # Date

Vendor, as identified on the face of the Purchase Order, (hereinafter referred to as “Subcontractor”), represents and agrees that it has carefully examined and understands this Purchase Order (hereinafter also sometimes referred to as “Subcontract”), comprised of the Purchase Order, these General Terms and Conditions and any attachments, and the Contract Documents. The Subcontract embodies the entire agreement between the Contractor and Subcontractor. The parties shall not be bound by or be liable for any statements, representations, promises, inducements, or understandings of any nature or kind not set forth in the Subcontract. No changes, amendments or modifications of any of the terms or conditions of the Subcontract shall be valid unless made in writing. There are none now and there will not be any oral agreements for payment of any amount of money in excess of the fixed amount stated in the Subcontract. Subcontractor understands and agrees that this paragraph is an extremely important provision and that the Subcontract cannot be orally modified.

Subcontractor also represents and agrees that it has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed, and that it enters into this Subcontract on the basis of its own examination, investigation and evaluation and not in reliance upon any opinions or representations of Contractor.

Subcontractor agrees to be bound to Contractor by the provisions of the Contract Documents, including but not limited to, Division I – General Requirements of the specifications, and to assume to Contractor all the obligations and responsibilities that Contractor assumes to Owner and/or Prime Contractor; and Contractor agrees to be bound to Subcontractor by the provisions of the Contract Documents and to assume to Subcontractor all the obligations and responsibilities that Owner and/or Prime Contractor assumes to Contractor, except to the extent that such provisions are, by their own terms or by law, not applicable to the Subcontract Work. Where a provision of the Contract Documents is inconsistent with this Subcontract, the provision imposing the greater duty or obligation on Subcontractor shall prevail.

It is agreed that whenever the word “Architect” or “Engineer” is used in this Subcontract, it means any other person to whom the Owner and/or Prime Contractor or Contractor has delegated the authority to supervise and accept or reject the work performed and the materials furnished by the Subcontractor or Contractor under this

Subcontract. The existence or exercise of such Architect or Engineer’s authority shall not lessen or impair any rights, power or discretion therein reserved by the

Contractor.

This Subcontract is to be processed in a manner that meets or exceeds the requirements of ISO9001/2000 or equivalent standard.

2. SUBCONTRACT WORK.

Subcontractor agrees to furnish and pay for all labor (if Purchase Order includes labor), materials, equipment, services and everything necessary for completion of the Work identified on the face of the Purchase Order in accordance with the Contract Documents. Items omitted from the Contract Documents shall be included in the

Work if they are required by applicable laws, ordinances, codes, rules and regulations, if they are inferable from the intent of the Contract Documents or if they are necessary to produce the intended results.

3. SCHEDULE.

Time is of the essence for this Subcontract. Subcontractor shall commence immediately any part of the Subcontractor’s Work upon Notice to Proceed and shall diligently and continuously prosecute and complete the Work so as to maintain the schedules and milestones established by the Contractor. Subcontractor shall coordinate the Work with the other work being performed on the Project, and perform in accordance with the project schedule as it may be amended, and any other scheduling requirements listed in this Subcontract or reasonably required by Contractor, so as to facilitate and not to interfere with or delay the commencement, progress or completion of the work of the Contractor, Owner, or any other Contractor or any other Subcontractor employed on the job. The Subcontractor is cautioned that schedules and milestones are subject to review and revision and in such event, the revisions will be made available for the Subcontractor’s information at the job site of the Contractor. It is the sole responsibility of the Subcontractor to attend job meetings, keep itself informed of any revisions and conform to any such revisions by performing its work at such time and such quantity and in such manner as may be directed by the Contractor and is required for the best possible progress of the construction of the job. The Subcontractor is wholly responsible for the installation in the job of the Subcontractor’s work in the proper sequence and at the proper time. Subcontractor shall have all necessary materials available to commence work at least five days prior to the date specified for the commencement of the

Subcontractor’s work.

Any request by the Subcontractor to extend the time for commencement and completion of the Work must be in writing, state the grounds for the request, and no extension of time shall be binding on the Contractor unless agreed to in writing by the Contractor. If the prosecution or completion of the Subcontractor’s work shall be delayed, or be about to be delayed, because of natural disaster or causes wholly beyond the control and without the fault or negligence of the Subcontractor and which was not foreseeable by the Subcontractor at the time this Subcontract was entered into, Subcontractor shall, within five days after the commencement of any such delay, give to the Contractor written notice of the delay and the anticipated results of such delay. Within five days after the termination of any such delay, the Subcontractor shall file a written notice with the Contractor specifying the actual duration of the delay. Failure to give either of the above notices shall be grounds for denial of an extension of time. If the Contractor determines that the delay was beyond the control and without the fault or negligence of the Subcontractor and not foreseeable by the Contractor or the Subcontractor at the time the Subcontract was entered into, the Contractor shall determine the duration of the delay and may extend the time of performance of the Subcontract, provided that the Contractor is able to obtain such extension of time from the Architect or Owner and/or Prime Contractor.

Subcontractor hereby waives recovery for any damages suffered by reason of the delays contemplated herein. An extension of time shall constitute Subcontractor’ sole remedy for such delay.

Contractor has authority, upon written notice, to suspend, delay, or interrupt the Subcontract work if it is deemed in the best interest of the Project.

If checked, Liquidated Damages apply to this project and are $ per day after the project completion date. Subcontractor’s liability for liquidated damages are limited to delays caused by the Subcontractor, or any person or entity for whose acts the Subcontractor may be liable.

4. PERFORMANCE.

A) Subcontractor shall provide on the site a competent and fully authorized full time superintendent or foreman and sufficient properly skilled workmen to complete the Work in accordance with this Subcontract. Any employee of the Subcontractor may be refused admittance to the site or may be requested to leave the site at any time by the Contractor and the Contractor shall not be required to have or to state any reason for the action. In the event any employee or employees of the Subcontractor are so barred from the job, the Subcontractor shall immediately replace such employee or employees with employees satisfactory to the Contractor.

B) If Subcontractor fails or neglects to maintain adequate progress, Subcontractor shall reschedule other work and, at no cost to Contractor, provide additional or overtime labor reasonably required in the opinion of Contractor to meet Contractor’s schedule requirements. Subcontractor attendance at progress meetings is mandatory, unless Contractor authorizes non-attendance. Non-attendance without authorization will result in a $500 charge to Subcontractor.

C) Subcontractor shall submit, without charge, ( ) sets of Shop Drawings and ( ) samples of Product Data, as required in the Contract Documents or promptly after Contractor’s request, so as not to delay the commencement, progress, or completion of the whole or any part of the Work or other work on the project. Shop drawings shall be stamped with Subcontractor’s approval stamp as per plans and specifications, numbered, dated, and titled to show the name of the manufacturer or firm producing the drawing, the name of the Contractor, the name of the job, and a brief description in the title box of the drawing. Subcontractor shall maintain current as-built drawings during the course of the Work and shall submit a final set of as-built drawings and any manuals, warranties, and other close-out materials required by the Contract Documents and specifications promptly following Substantial Completion of Work. These items must be submitted before Contractor will authorize final payment.

By submitting shop drawings and samples, Subcontractor represents it has determined and coordinated all available field and shop measurements, field construction criteria, catalog numbers and similar data and that it checked and coordinated each shop drawing and sample with the requirements of the Work and the Contract Documents.

Approval of shop drawings shall not relieve Subcontractor of its obligation to perform the Work in strict accordance with the Plans, Specifications, and other Contract Documents, nor of its responsibility for the proper matching and fitting of the Work with contiguous work. No materials or goods shall be released or work started until Subcontractor is notified by the Contractor, unless this Subcontract specifies otherwise. Subcontractor shall advise the Contractor immediately as to the time required to make shipment after material is released.

D) Subcontractor shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, as well as all sales, use, consumer, gross receipts or other similar taxes and also pay all taxes imposed by Federal, State, or Local law for any employment insurance pensions, old age retirement funds or any similar purpose and/or all contributions imposed by collective bargaining agreement and to furnish all necessary reports and information to the appropriate agencies. Subcontractor shall furnish Contractor promptly upon request, a certificate from the appropriate authorities evidencing payment of all applicable taxes or contributions. The Subcontract sum agreed to be paid to the Subcontractor includes amounts for, and Subcontractor shall be liable for and shall indemnify, defend and save harmless Contractor and Owner and/or Prime Contractor from all such taxes, contributions, any interest accrued and penalties imposed, and all taxes, excises, assessments, liabilities for unpaid back wages and benefits and any other charges, liabilities, or penalties imposed or levied by any government agencies or authority on or because of the work, or any materials, equipment, services or supplies furnished or used in the performance of this Subcontract and assumes all liability for failure to comply with these provisions.

If checked, this project is exempt from sales and use tax under Michigan RAB 1999-2 because this project is either a nonprofit hospital, qualified nonprofit housing, church sanctuary, qualified water pollution control facility, or qualified air pollution facility.

E) Subcontractor, at its own expense, shall comply with and be bound by all laws, ordinances, codes, standards, notices, requirements, regulations, rules, interpretations, decisions, orders, and directions of federal, state, and municipal governments and agencies, and subdivisions thereof, and of the Owner and of the Prime Contractor, and of all others authorized by the Contract Documents, applicable to the Work and shall defend, indemnify and hold harmless Contractor and Owner and/or Prime Contractor from any and all claims, damages, losses or fines resulting directly or indirectly from any violation. Subcontractor shall pay all royalties and license fees and guarantees control of all trademarks, copyrights, patented devices, processes, materials, and equipment, used in performing or filling this order, and Subcontractor shall defend, hold harmless, and indemnify the Contractor, the Prime Contractor, and the Owner, against all suits, damages, and claims arising from the use of the same at any time, and shall pay all costs, expense, and judgments in connection herewith.

F) If checked, Subcontractor shall furnish a 100% labor and material payment bond and a 100% performance bond from a surety registered to do business where the Project is located and satisfactory to Contractor.

G) Subcontractor is to provide its own clean-up and waste container service. Subcontractor is responsible for its own tools, materials and equipment, shall confine these items to its own areas of work, shall return all items to a designated storage area at the end of each day and each day shall dispose of all debris that results from its Work. In the event Subcontractor fails to properly store its tools and equipment or remove all debris, Contractor may do so upon notice and charge the cost to Subcontractor. Subcontractor shall bear the risk of loss or damage from any cause whatsoever to machinery, tools, equipment, building supplies or materials, temporary structures and any equipment of like nature used or to be used by Subcontractor, its agents, suppliers and/or Sub-subcontractors, or its or their employees in the performance of the Subcontract. Undefinable cleanup will be performed by Contractor and backcharged to unresponsive Subcontractors.

If checked, the Subcontractor is exempt from providing waste container service.

H) Subcontractor warrants to Owner and Contractor that all materials and equipment furnished, unless this Subcontract specifies otherwise, shall be new, F.O.B. job site, and unloaded by Subcontractor equipment and personnel at locations indicated by Contractor. Subcontractor further warrants that all work shall be of best quality, free from faults and defects and in strict conformance with the Contract Documents. If there is a requirement in the Contract Documents for Owner review of Subcontractor’s material and associated documentation at the Subcontractor’s site prior to shipment, Subcontractor will assist and cooperate with this review. All materials and goods shall be approved and accepted by all the parties having jurisdiction. Without in any way limiting any of the other provisions of this order, Subcontractor shall, to the extent applicable to its materials and goods herein, comply with and be bound by and liable for all the obligations of every kind and description undertaken by the Contractor under its Contract or Subcontract.

Subcontractor warrants the Work to Contractor and Owner on the same terms and for the same period as Contractor warrants the Work to Owner under the Contract Documents, but not less than one year from substantial completion of the Project, and with respect to the Work, Subcontractor shall perform all warranty obligations required of Contractor under the Contract Documents. Subcontractor’s warranty obligations relate only to Subcontractor’s specific obligation to correct the Work and in no way relieve Subcontractor of its obligations to comply with this Subcontract nor diminish the time within which Contractor may commence proceedings to establish Subcontractor’s liability for any failure or defect.

If checked, all materials and equipment shall be F.O.B. Contractor’s Yard.

I) Subcontractor shall keep the project free of liens and claims and shall defend, indemnify and hold Contractor harmless from all expenses incurred as a result of liens or claims filed by Subcontractor or those contracting with or under Subcontractor. If a lien or claim is filed by Subcontractor or those contracting with or under Subcontractor, Subcontractor shall cause it to be released or discharged by payment or bond within 24 hours after notice of the lien or claim. If Subcontractor fails to do so, Contractor may pay all sums necessary to obtain release or discharge and deduct the costs and expenses, including attorney’s fees, from amounts due or that become due to Subcontractor.

Subcontractor’s obligations hereunder shall not apply to liens or claims filed to secure or recover amounts due Subcontractor but which Contractor wrongfully failed to pay Subcontractor.

J) Subcontractor shall furnish all hoisting, scaffolding, bracing, shoring, and any other temporary facilities or equipment required for performance of the Work. The Subcontractor agrees that the Contractor’s equipment and operators of such equipment will be available to the Subcontractor only at the Contractor’s discretion, and only pursuant to a written agreement and only on the basis of established rates and charges, including overhead and fees.

K) Subcontractor shall inspect all surfaces or work that is to receive its Work and shall promptly give Contractor written notice of any defects. Subcontractor shall be responsible for all costs to repair, replace or correct any work resulting from a defect which it observed or should have observed but for which it failed to give such notice. Notwithstanding the dimensions on the Plans, Specifications and other Contract Documents, Subcontractor shall take such measures as will ensure the proper matching and fitting of the Work covered by this Subcontract with contiguous work. If any dispute arises between the Subcontractor and another subcontractor as to which is responsible for any item of damage, the dispute shall be submitted to the Contractor for decision and the determination as to responsibility shall be final and binding on the Subcontractor.

All equipment furnished and all work performed shall at all times be subject to inspection by the Contractor, Owner and/or Prime Contractor, or Architect. If the Subcontractor covers all or any portion of the work prior to any inspection or test by Contractor or the Owner and/or Prime Contractor or the Architect, all costs of any necessary uncovering or replacing shall be borne solely by the Subcontractor. Neither the failure to make such inspections, nor to discover defective workmanship, materials or equipment, nor approval of payment or payment to Subcontractor for such work, materials, or equipment, shall be construed as an acceptance of defective work or improper material and preclude the rights of the Contractor and Owner and/or Prime Contractor to correct or reject work or materials. If any material, equipment, or any part of the work is determined by the Contractor, Owner and/or Prime Contractor or Architect, either during the performance of the work, or on final inspection, or during any applicable warranty period, to be defective or not complying with the requirements, the Contractor shall notify Subcontractor in writing that such material, equipment or work is rejected. Thereupon, the Subcontractor shall, at its own expense, immediately replace and correct such defective material, equipment or work by making the same comply strictly with all requirements.

L) Subcontractor shall not employ any labor which will interfere with labor harmony at the job site or with the introduction of materials or the work of other subcontractors. Any work stoppage caused by a strike, picketing, inability to obtain supplies, materials or equipment, boycott or any voluntary or involuntary cessation of work, by or caused by the presence of employees of Subcontractor, its agents, suppliers and/or Sub-subcontractors, which in the sole judgment of Contractor will cause or is likely to cause delay in the progress of the work shall constitute a default by Subcontractor.

M) The Work performed by the Subcontractor shall be at the risk of the Subcontractor exclusively. Whether Contractor or Subcontractor are insured or not, Subcontractor shall, to the fullest extent permitted by law, indemnify, defend (at Subcontractor’s sole expense) and hold harmless Contractor, Owner and/or Prime Contractor, and Architect/Engineer (“Indemnified Parties”) from and against any and all claims for bodily injury, death or damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorneys’ fees and costs, and consultants’ fees and costs) (“Claims”) which arise or are in any way connected with the Work performed, materials furnished, or services provided under this Subcontract by Subcontractor or it agents. These indemnity and defense obligations shall apply to any acts or omissions, negligent or willful misconduct of Subcontractor, its employees or agents, whether active or passive. Subcontractor understands and agrees that the indemnity agreed to by Subcontractor for Indemnified Parties extends to the officers, employees, representatives and related entities of the Indemnified Parties, as well as each of them, if the claim arises in any way from performance or non-performance of this Subcontract. Said indemnity and defense obligations shall further apply, whether or not said claims arise out of the concurrent act, omission, or negligence of the Indemnified Parties, whether active or passive.