Albion Armory Specification 2 of 15.pdf

STATE OF MICHIGAN ( OWNER AND CONTRACTOR ) QUALIFICATION SUBMITTAL

name of the organization and owner(s), and the explanation of litigation or reasons why the contract or subcontract was not completed.

3.5 Identify your organizations Experience Modification Rating (EMR) ___________. Attach a letter of explanation if your organization does not have an EMR.

3.6 Provide the name and attach a brief resume and list of similar success projects for your proposed Project Superintendent.

ARTICLE 4 ADDITIONAL QUALIFICATIONS

4.1. ( Nominated Subcontractor only ) Will you subcontract any part of the Work covered by the intended Subagreement?

___. If so, which parts of the Work covered by the intended Subagreement do you intend to subcontract to a lower tier Subcontractor?

4.2. State the name, address and telephone number of a representative of your organization who personally visited and inspected the site:

Also, describe, in an attachment to this Section 00420 Questionnaire, subsurface and physical conditions at or contiguous to the site that your representative investigated and how they were accounted for in the preparation of your organization's Bid.

4.3. Attach a list of construction equipment and machinery your organization intends to use in the execution of the Work, as estimated in the preparation of your organization's Bid.

4.4. Does your organization rent or lease equipment or facilities from other affiliate organizations? ______. If so, state the name of the affiliate organization(s) ____________________________________________________________________________

4.5. ( Apparent Low Bidder only ) Bank line of credit available? $____________________.

4.6. ( Apparent Low Bidder only ) Will your organization, i.e., the Bidder named in the Authorized Signature Article on Section 00300 Bid Form, be the only named Principal in Section 00610 Performance Bond and Section 00620 Payment Bond? ______ If not, please identify the organization who will be named as Principal or Co-Principal on Section 00610 Performance Bond and Section 00620 Payment Bond _____________________________________________. Also, state how such organization relates to the Bidder _______________ ( NOTE: If another organization is identified, the Apparent Low Bidder shall submit to the Owner a separate Section 00420 Questionnaire filled out by that organization as part of the Qualification Submittals required under Article 2 of Section 00100 Instructions to Bidders ).

ARTICLE 5 REFERENCES

5.1. Trade references (Minimum of three (3)):

5.2. Bank references:

5.3. Insurance:

The undersigned Apparent Low Bidder ____ or nominated Subcontractor _____ ____________________________________ certifies that all statements and answers made to the interrogatories in this Section 00420 Questionnaire are current, accurate and complete as of the date stated below. (Note: Attachments shall be fastened at the end of this Section).

Signed by: ____________________________ Name _______________________________ Title ________________________

MICHSPEC ™ DTMB 00420 − 1 (Rev. 03/21) on this __________ day of ____________________, 20_______.

END OF SECTION 00420

MICHSPEC ™ DTMB 00420 − 2 (Rev. 03/21)

REFERENCES ATTACHMENT

PROFESSIONAL − Sedgewick + Ferweda Architects

WORK − Albion Armory

AGENCY No. − _____511__________ FUNDING CODE: ____________________ FILE No. ___511/21187.CAK______

REFERENCE # ___

Public Owner: _______________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Apparent Low Bidder's ___ or Nominated Subcontractor’s ____

Representative Name and Telephone _______________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE # ___

Public Owner: _______________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Apparent Low Bidder's ___ or Nominated Subcontractor’s ____

Representative Name and Telephone _______________________________________________________

Scope of Project/Contract: _______________________________________________________________________

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REFERENCES ATTACHMENT

PROFESSIONAL − Sedgewick + Ferweda Architects

WORK − Albion Armory

AGENCY No. − _____511__________ FUNDING CODE: ____________________ FILE No. ___511/21187.CAK______

REFERENCE # ___

Public Owner: _______________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Apparent Low Bidder's ___ or Nominated Subcontractor’s ____

Representative Name and Telephone _______________________________________________________

Scope of Project/Contract: ______________________________________________________________________

REFERENCE # ___

Public Owner: _______________________________________________________________________________

Project/Contract Name: ________________________________________________________________________

Location of Project/Contract: ____________________________________________________________________

Contract Price: _______________________ Project/Contract Started: ____________ Completed: ____________

Owner's Representative (Name and Telephone): _____________________________________________________

Apparent Low Bidder's ___ or Nominated Subcontractor’s ____

Representative Name and Telephone _______________________________________________________

Scope of Project/Contract: _______________________________________________________________________

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SECTION 00430 LIST OF SUBCONTRACTORS

PROFESSIONAL − Sedgewick + Ferweda Architects

WORK − Albion Armory

AGENCY No. − _____511__________ FUNDING CODE: ____________________ FILE No. ___511/21187.CAK______

1. To enable the Owner and Professional to evaluate the Apparent Low Bidder's qualifications to perform the Work, for each Division of the Specifications, Section of the Specifications and/or trade itemized in this Section 00430 List of Subcontractors, the Apparent Low Bidder shall nominate the Subcontractor(s) to be awarded a Subagreement(s). To the extent a contractors' licensing is required for any such classification of Work, the Apparent Low Bidder shall provide the nominated Subcontractor’s license number(s). If the Apparent Low Bidder intends to self-perform any of the listed classifications of Work, the Apparent Low Bidder shall nominate itself in the spaces provided for that purpose, and shall furnish the corresponding Apparent Low Bidder’s license number(s). For each nominated Subcontractor, the Apparent Low Bidder shall enter, if applicable, whether the Subcontractor is a minority, woman or handicapped owned business in the spaces provided for that purpose. The Apparent Low Bidder also shall furnish the amount of the Subagreement that the Apparent Low Bidder, directly or through another higher tier Subcontractor, anticipates awarding to each nominated Subcontractor.

2. Should the Apparent Low Bidder fail to nominate Subcontractors, as required, or provide duplicate nominees for any Division, Specification or trade, or fail to enter the required licensing information, the Apparent Low Bidder shall clarify the omission or ambiguity within two (2) Business Days of the Owner or Professional’s request. Failure by the Apparent Low Bidder to comply with this Subcontractor nominating requirement may render the Bid as not conforming in all material respects with the requirements of the Bidding Documents.

3. Pursuant to the Bidding Documents, the Apparent Low Bidder shall not remove, replace or add a nominated Subcontractor except as provided in paragraph 8.3 of Section 00100 Instructions to Bidders and/or in paragraph 5.1 of Section 00700 General Conditions. Since the requirement to nominate Subcontractors for the listed Divisions, Specification Sections and/or trades survives the award of the Contract, any Subcontractor nominated for any listed Division, Specification Section and/or trade for the first time after Contract Award and who is objected to by the Owner , for good cause, shall be replaced at no increase in Contract Price and/or Contract Time.

4. The requirement to make a definite nomination of Subcontractors or to state that the Apparent Low Bidder intends to self-perform that classification, and to clarify any omissions or ambiguities in this Section 00430 List of Subcontractors, applies to the Apparent Low Bidder and any other Bidder remaining or wishing to remain in contention for the award.

5. This listing requirement is not intended to create any express or implied duty or obligation to the Apparent Low Bidder or the nominated Subcontractors by the Owner or Professional .

(THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY)

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Division, Specification Section Nominated License Number(s) Amount of Minority, Woman, and/or Trade Subcontractor(s) Classification Subcontract or Handicapped?

1._________________________ _________________________ ______________ _____________ ______________

2._________________________ _________________________ ______________ ______________ ______________

3._________________________ _________________________ ______________ ______________ ______________

4._________________________ _________________________ ______________ ______________ ______________

5._________________________ _________________________ ______________ ______________ ______________

6._________________________ _________________________ ______________ ______________ ______________

7._________________________ _________________________ ______________ ______________ ______________

8._________________________ _________________________ ______________ ______________ ______________

9._________________________ _________________________ ______________ ______________ ______________

10.________________________ _________________________ ______________ ______________ ______________

11.________________________ _________________________ ______________ ______________ ______________

12.________________________ _________________________ ______________ ______________ ______________

13.________________________ _________________________ ______________ ______________ ______________

14.________________________ _________________________ ______________ ______________ ______________

The undersigned Apparent Low Bidder _____________________________________________________________ certifies that all the information and data furnished in this Section 00430 List of Subcontractors are current, accurate and complete as of the date stated below.

Signed by: ____________________________ Name _______________________________ Title on this __________ day of ____________________, 20_______.

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STATE OF MICHIGAN QUALIFICATION SUBMITTALS

END OF SECTION 00430

96.0820 00430 − 2 Rev. P (10/02/95)

SECTION 00440 SCHEDULE OF MATERIALS AND EQUIPMENT

PROFESSIONAL − Sedgewick + Ferweda Architects

WORK − Albion Armory

AGENCY No. − _____511__________ FUNDING CODE: ____________________ FILE No. ___511/21187.CAK______

ARTICLE 1 BID MATERIALS AND EQUIPMENT − LISTED (NAMED OR SPECIFIED) ITEMS

1.1. The Apparent Low Bidder has examined the requirements of paragraphs 7.4 and 7.5 of Section 00100 Instructions to Bidders, and by submitting a Bid, commits to bid only a listed named or specified materials and equipment for those Specifications listed in Schedule 1.6. To the extent that any such listed Specification states that an "or equal" or a substitute may be furnished, if acceptable to the Professional, application for any such acceptance will not be considered by the Professional until after Contract Award. Any such application shall comply with the terms and conditions of Article 2 in this Section and paragraph 5.2 of Section 00700 General Conditions.

1.2. For those Sections of the Specifications listed in paragraph 1.6, the Contract will be awarded on the basis that only one of the listed materials or equipment will be furnished. Therefore, to be considered responsible, the Apparent Low Bidder shall nominate, by circling the letters "A," "B," "C," etc. corresponding to each listed manufacturer/Supplier, the Bidder's chosen manufacturers/Suppliers for the corresponding products named or specified in the Specifications and Drawings (including all Addenda).

1.3. If the Apparent Low Bidder fails to circle a manufacturer/Supplier for a listed material or equipment, or circles more than one letter for a listed material or equipment, the Apparent Low Bidder hereby agrees to correct the omission or ambiguity within two

(2) Business Days after submittal of this Section 00440 Schedule of Materials and Equipment. The requirement to make a definite selection and to correct any omissions or ambiguities in Schedule 1.6 applies to the Apparent Low Bidder and any other Bidder remaining or wishing to remain under consideration for the award.

1.4. The Apparent Low Bidder’s attention is directed to paragraph 7.3 of Section 00100 Instruction to Bidders, which holds the Apparent Low Bidder responsible, if awarded the Contract, for certain costs and time impacts, provided the Apparent Low Bidder, in the preparation of its Bid, knew or had reason to know, that any listed material or equipment bid by the Bidder requires changes in the Work and failed to provide advanced written notice to that effect to the Professional .

1.5. The Apparent Low Bidder shall insert the provisions of this Section in all Subagreements with Subcontractors and Suppliers furnishing the materials or equipment listed in Schedule 1.6, altering the respective paragraphs only as appropriate to properly identify the contracting parties. Each such Subagreement shall expressly bind the respective Subcontractor or Supplier to the conditions of paragraph 1.4, the other provisions of Section 00440 Schedule of Materials And Equipment and paragraph 5.2 of Section 00700 General Conditions.

1.6. Schedule of Bid Materials and Equipment

ITEMS NAMED OR SPECIFIED (ENTERED BY THE PROFESSIONAL )

CONTRACTOR TO NOMINATE

(CIRCLE)

ITEM OF MATERIAL SPECIFICATION ITS CHOSEN NAMED OR SPECIFIED

OR EQUIPMENT SECTION MANUFACTURERS AND SUPPLIERS

ITEM 1 - A.

B.

C.

D.

ITEM 2 - A.

B.

C.

D.

ITEM 3 –

MICHSPEC ™ DTMB 00440 − 1 (Rev. 03/21)

ITEM 4 -

MICHSPEC ™ DTMB 00440 − 2 (Rev. 10/2018)

1.7 Use of "Or Equal" or Substitute Materials or Equipment After Contract Award

1.7.1. Paragraph 5.2 of Section 00700 General Conditions provides for the consideration (after the date of Contract Award) and possible acceptance by the Professional of "or equal" or substitute materials or equipment (unless any material or equipment named is followed by words establishing that no "or equal" or substitution is permitted). If sufficient information is submitted to allow the Professional to determine in a timely manner that the material or equipment proposed is equivalent or equal to that named or described in the Drawings or specified in the Specifications, then the Professional will consider the proposed "or equal" or substitute material or equipment.

1.7.2. The Apparent Low Bidder assumes responsibility for the cost and time required to make any proposed "or equal" or substitute material or equipment approved by the Professional conform to the requirements of the Contract Documents. In addition, if any such "or equal" or substitute material or equipment requires any changes in the drawings, or in any testing requirements, or in any Means and Methods indicated in or required by the Contract Documents, or in work performed by the Owner or others, or requires any other changes in the Work whatsoever, the Apparent Low Bidder shall assume full responsibility for the cost and the time required to carry out such changes in the Work or the work of others. Pursuant to this provision, the Apparent Low Bidder shall bear an appropriate portion of the Delay and costs resulting from the events contemplated in this paragraph.

1.7.3. Paragraph 5.2 of Section 00700 General Conditions provides for reimbursement by the Contractor to the Owner for any additional expenses incurred by the Professional directly attributable to the evaluation of any proposed substitute material or equipment and any proposed “or equal” material or equipment for materials and equipment listed in Schedule 1.6.

1.7.4. The Apparent Low Bidder shall insert the provisions of this Article 1 of Section 00440 Schedule of Materials and Equipment in all Subagreements with Subcontractors and Suppliers furnishing any materials or equipment, altering the respective paragraphs only as appropriate to properly identify the contracting parties. Each such Subagreement shall expressly bind the respective Subcontractor or Supplier to the conditions of paragraph 1.7.2, the other provisions of this Section 00440 Schedule of Materials And Equipment and paragraph 5.2 of Section 00700 General Conditions.

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ARTICLE 2 BID MATERIALS AND EQUIPMENT − OPEN SPECIFICATIONS

2.1. For those Specifications not listed in Schedule 1.6, the Apparent Low Bidder, if and when awarded the Contract, shall disclose to the Owner and Professional (when submitting the Schedule of Values required by paragraph 12.1.1 of Section 00700 General Conditions) the Bidder's chosen manufacturers/Suppliers for the corresponding materials and equipment specified in the Specifications and Drawings (including all Addenda).

2.2. The Apparent Low Bidder has examined the requirements of paragraphs 7.2 and 7.3 of the Instructions to Bidders and commits to furnish materials and equipment meeting the requirements of the Specifications. If any such Bidder-selected material or equipment represents an "or equal" or a substitute material or equipment, no such material or equipment shall be used or furnished in the execution of the Work unless previously approved by the Professional as an acceptable “or equal” or substitute material or equipment. Application for any such acceptance will not be considered until after Contract Award. Any such application shall comply with the terms and conditions of this Article 2 and paragraph 5.2 of Section 00700 General Conditions.

2.3. The Apparent Low Bidder shall insert the provisions of this Section in all Subagreements with Subcontractors and Suppliers furnishing the materials or equipment listed in Schedule 2.4, altering the respective paragraphs only as appropriate to properly identify the contracting parties. Each such Subagreement shall expressly bind the respective Subcontractor or Supplier to the conditions of paragraph 2.2, the other provisions of this Section 00440 Schedule of Materials and Equipment and paragraph 5.2 of Section 00700 General Conditions.

2.4. Schedule of Bid Materials and Equipment

CONTRACTOR TO NAME ITS

MATERIAL OR SPECIFICATION CHOSEN MANUFACTURERS

EQUIPMENT SECTION AND SUPPLIERS

ITEM 1 -

ITEM 2 -

ITEM 3 -

ITEM 4 -

ITEM 5 -

ITEM 6 -

ITEM 6 -

ITEM 7 -

ITEM 8 -

ITEM 9-

ITEM 10 -

ITEM 11-

ITEM 12 -

MICHSPEC ™ DTMB 00440 − 3 (Rev. 03/21)

CONTRACTOR TO NAME ITS

MATERIAL OR SPECIFICATION CHOSEN MANUFACTURERS

EQUIPMENT SECTION AND SUPPLIERS

IMPORTANT : The provisions of this Section 00440 Schedule of Materials and Equipment shall not create or impose any express or implied duty or obligation on the Owner or Professional to exercise this authority for the benefit of the Apparent Low Bidder or any listed manufacturer/Supplier.

The undersigned Apparent Low Bidder __________________________________________________ certifies that all the information and data furnished in this Section 00440 Schedule of Materials and Equipment are current, accurate and complete as of the date stated below.

Signed by: ____________________________ Name _______________________________ Title on this __________ day of ____________________, 20_______.

END OF SECTION 00440

MICHSPEC ™ DTMB 00440 − 4 (Rev. 03/21)

STATE OF MICHIGAN ( OWNER AND CONTRACTOR ) AGREEMENT

SECTION 00500 AGREEMENT

AGENCY No. ____511___ Funding Code. __________________

FILE No. ____511/21187.CAK_________________ CONTRACT ORDER No. Y_________

TABLE OF CONTENTS

Article Page

1* THE CONTRACT; THE PROJECT; THE WORK 1

2** CONTRACT DOCUMENTS 1

3** CONTRACT PRICE 2

4* CONTRACT TIME; LIQUIDATED DAMAGES 2

5 PAYMENTS TO CONTRACTOR 3

6* THE PROFESSIONAL SERVICES CONTRACTOR 3

7 CONTRACTOR'S REPRESENTATIONS 3

8 MISCELLANEOUS 3

9 NOTICE AND SERVICE 4

**THIS AGREEMENT TO CONTRACT is made this _______ day of ___________ in the year Two-Thousand And

______________ (______) by and between THE STATE OF

MICHIGAN, " Owner, ” represented by the Director, Department of Technology, Management and Budget, duly authorized, and ____________________________, ______________________ the " Contractor ,” a corporation

____, partnership ____, individual ____, or joint venture ____

(between and

______________________________________________), of the State of ____________, whose address is

_______________________________________, represented by _______________________, its ____________, duly authorized.

The Owner and Contractor , in consideration of the mutual covenants and obligations stated in this Section 00500

Agreement and the other parts of the Contract Documents, agree as follows:

ARTICLE 1 THE CONTRACT; THE PROJECT; THE WORK

1.1. THE CONTRACT − The Contract entered between

the Owner and Contractor for the furnishing and performance of the Work by the Contractor , which consists of the Contract Documents listed or designated in paragraphs 2.2 through 2.4.

STATE OF MICHIGAN MODEL

Developed from FORMSPEC ™ Michigan Model

©1986 − 2002 PMA Consultants LLC All Rights Reserved

1.2. PROJECT NAME −

1.3. THE WORK −

ARTICLE 2 CONTRACT DOCUMENTS

2.1. The Contract Documents form the contract between

the Owner and Contractor , and represent the entire and final integrated agreement between the Owner and Contractor with respect to the Work. The Contract Documents are incorporated into this Agreement by this reference, and supersede all prior oral or written agreements, if any, between the Owner and Contractor . Any statement, representation, promise or inducement not set forth in the Contract Documents is null and void, and not binding on either the Owner or Contractor . The Contract Documents shall not in any way create a relationship of any kind between the Professional and Contractor , or between the Owner and a Subcontractor, or Supplier or any other third party. The Professional shall, however, be entitled to performance and enforcement of obligations under the Contract that are consistent with the Professional's authority and responsibilities under the Contract Documents.

2.2. The Contract Documents on the date when the

Owner executes this Section 00500 Agreement, which are attached to this Section 00500 Agreement, consist of the following:

MICHSPEC ™ DTMB 00500 − 1 (Rev. 03/21)

2.2.1. This Section 00500 Agreement , fully executed by

the Owner and Contractor , including the following attachments: ________________________ and Addenda ____ through ____.

2.2.2. Section 00800 Supplementary Conditions , including ____________________________________________; and Section 00120 Supplementary Instructions , including ____

2.2.3. Section 00020 Glossary , and Section 00700

General Conditions .

2.2.4. General Requirements , Division 1 of the

Specifications.

2.2.5. Divisions 2 through _____ of the

Specifications , and Drawings , bearing the title:

________________________________, dated

2.2.6. Section 00030 Advertisement; Section 00100

Instructions to Bidders , including Attachment A − Bidder's Check List , and Section 00210 Information for Bidders .

2.2.7. Section 00610 Performance Bond and Section

00620 Payment Bond , fully executed by the Contractor and the sureties, each enclosing separate evidence of Power of Attorney.

2.2.8. The Contractor's Section 00300 Bid Summary

and Bid Form (with attachments) and Section 00320 Noncollusion Affidavit (including any revisions delivered after Bid opening).

2.2.9. The following Contractor's Qualification

Submittals (post-Bid opening:)

2.3. Contract Documents that will be issued after the

date the Owner executes this Section 00500 Agreement consist of:

2.3.1. Change Orders and Change Authorizations

signed as provided in the Contract Documents.

2.3.2. Notice of Award and Notice to Proceed.

2.4. There are no Contract Documents other than those

listed or designated in this Article or added through Section 00520 Attachment A to the Agreement. The Contract Documents may be modified, as provided in Section 00700 General Conditions.

ARTICLE 3 CONTRACT PRICE

3.1. The Contractor will furnish and perform the Work

and accept in full payment the Contract Price of Dollars ($_____________). The Contract Price includes only those Alternates accepted by the Owner , as itemized in the Notice of Award.

3.2. The Contract will include those Change Order prices

(bid on Section 00300 Bid Form) accepted by the Owner when the Owner issues the Notice to Proceed or by Change Authorization.

3.3. Payments to the Contractor will be made based on

the prices stated on the Contractor's Section 00300 Bid Form, subject to the terms and conditions of the Contract Documents.

ARTICLE 4 CONTRACT TIME; LIQUIDATED DAMAGES

4.1. The periods allowed for completion of the Work, or a

designated part of the Work, will be as follows:

4.1.1. The entire Work will be substantially complete in

accordance with the requirements of the Contract Documents:

4.1.2. If separable parts of the Work shall be completed

before the period allowed for Substantial Completion of the entire Work, the Contract Times for those parts of the Work will be as specified in Section 00520 Attachment A to Agreement, and as may be supplemented in the Specifications.

4.1.3. The entire Work will be complete and ready for

final payment as specified in the Contract Documents:

4.2. The Owner and Contractor recognize that the

Contract Times are of the essence of the Contract and that the Owner will suffer costs and damages if the Work is not completed within the Contract Times, including any extensions in Contract Time authorized by Change Orders. Therefore, liquidated damages (in the amounts specified in paragraphs

4.2.3 through 4.2.5) will apply, if the Work is not completed within the limits of the Contract Times. Liquidated damages are not a penalty, are cumulative and represent a reasonable estimate of the Owner's extra costs and damages, which are difficult to estimate with accuracy in advance.

4.2.1. Accordingly, if the Contractor fails, neglects or

refuses to complete all or any designated part of the Work within the specified Contract Time, the Contractor agrees to pay to the Owner liquidated damages and to allow, at the appropriate time, a corresponding adjustment in Contract Price.

4.2.2. If under the procedures of paragraph 4.3, the

Owner is justified in withholding liquidated damages due to or in anticipation of late completion, the Contractor agrees to

MICHSPEC ™ DTMB 00500 − 2 (Rev. 03/21) allow the Owner to deduct liquidated damages from Requests for Payment.

4.2.3. Liquidated damages for each Calendar Day that

expires after the Contract Time specified in paragraph 4.1.1 for Substantial Completion of the entire Work − until the Work is substantially complete − shall be in the amount of _____________ _______________________ Dollars and No/Cents ($_________)

4.2.4. Liquidated damages for each Calendar Day that

expires after each of the Contract Times designated in Section 00520 Attachment A to the Agreement − until each such part of the Work is sufficiently complete − shall be in the amounts stated in Section 00520 Attachment A to the Agreement.

4.2.5. Liquidated damages for each Calendar Day after

Substantial Completion of the entire Work that expires after the Contract Time specified in paragraph 4.1.3 for completion and readiness for final payment − until the entire Work is complete and ready for final payment − shall be in the amount of Dollars and No/Cents ($__________)

Assessment and/or Withholding of Liquidated Damages

4.3. If the Contractor fails to complete the Work, or a

specified part of the Work, within the corresponding Contract Time, or if at any time after the Work is eighty percent (80%) in place, the Contractor does not prosecute the balance of the Work with the diligence required to comply with the Contract Times, the Contractor shall be requested to submit a schedule recovery plan acceptable to the Owner . The Contractor’s schedule recovery plan shall describe the cause of schedule slippage or delayed progress and the actions proposed and taken to recover schedule. In addition, to the extent that the Contractor believes that an extension in Contract Time is justified, the recovery plan shall include a request for an appropriate extension in Contract Time.

4.3.1. Within fifteen (15) Calendar Days after the

Contractor receives any such request, the Contractor shall meet with the Owner and present the Contractor’s written schedule recovery plan. If, upon evaluation of the Contractors’ schedule recovery plan, and after consultation with the Professional , the Owner , in its sole discretion, determines that there is sufficient cause to withhold liquidated damages, the Owner may deduct from Requests for

MICHSPEC ™ DTMB 00500 − 2 (Rev. 03/21)

Payment the liquidated damages then due or that would become due using the Owner's estimate of late completion of the Work.

4.3.2. For the purposes of returning liquidated damages, schedule recovery implementation shall not be complete until such slippage or delayed progress has been corrected and the Progress Schedule once again supports compliance with the Contract Times. Once late completion has been corrected, the Contractor shall be entitled to reimbursement of all liquidated damage sums previously withheld. Any such reimbursement of liquidated damages previously withheld shall not constitute a waiver of any claims that the Owner may otherwise have.

ARTICLE 5 PAYMENTS TO CONTRACTOR

*5.1. The Owner will pay one hundred percent (100%) of the amount due upon completion of any Schedule of Value pay item . The Professional may require, for each Request for Payment, consent of surety, waivers of lien (from the Contractor , Subcontractors and Suppliers), Record Documents, guarantees, operating and maintenance manuals and such other documents required by the Contract Documents. Payment to the Contractor will be made within thirty (30) Calendar Days from receipt by the Owner of the Professional’s certification representing to the Owner the amount of payment to be due to the Contractor .

*5.2. Processing of Requests for Payment by the Owner may be deferred until Work having a prior sequence, as provided in the Contract Documents, is in place and is approved.

5.3. Payments shall be subject to the terms and

conditions of Section 00700 General Conditions and the other parts of the Contract Documents, and shall be made less such deductions as the Owner and/or Professional determines are appropriate, as specified in paragraph 12.4 of Section 00700 General Conditions.

5.4. If any portion of the Work is funded by a federal or

State agency, the Owner will have fifteen (15) Calendar Days after receiving those funds in which to make payment. This provision shall take effect only after the thirty (30) Calendar Day period following certification by the Professional has expired.

ARTICLE 6 THE PROFESSIONAL SERVICES

CONTRACTOR

6.1. The Owner has retained

__ to assume all duties and responsibilities of, and have the rights and authority assigned to, the Professional Services Contractor in the Contract Documents with respect to completion of the Work in accordance with the Contract Documents.

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS

7.1. The Contractor reiterates and makes each of the

representations itemized in Article 2 of the Contractor's Section 00300 Bid Form. Article 2 in the Contractor's Section 00300 Bid Form is by this reference repeated verbatim in this Section 00500 Agreement as paragraphs 7.2 through 7.13 just as though those paragraphs had been written in this Article 7, except that the term " Contractor " shall replace the term "Bidder" in every instance.

ARTICLE 8 MISCELLANEOUS

8.1. If any provision of the Contract Documents is invalid, illegal or unenforceable, all other provisions of the Contract Documents shall remain in full force and effect. If any provision of the Contract Documents is inapplicable to any Person or circumstance, that provision shall remain applicable to all other Persons and circumstances.

8.2. It is the intent of the Owner and Contractor that all

provisions of Law required to be inserted or referenced in the Contract Documents are in fact so inserted or referenced. If any provision of Law is not so inserted or referenced, or is inserted or referenced improperly, then each such provision shall be considered inserted or referenced in the Contract Documents in proper form at no increase in Contract Price and/or Contract Time.

8.3. The duties, obligations, criteria or procedure

imposed by, and the rights and remedies made available in, the Contract Documents are in addition to, and not in any way a limitation of, any rights and remedies that are otherwise allowed or imposed by Law, except that in the event a specific part or detailed requirement of a provision, criterion or procedure in the Contract Documents and a specific part or detailed requirement of a provision, criterion or procedure imposed by Law conflict, the specific part or detailed requirement of such provision, criterion or procedure imposed by Law shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures imposed by Law and the Contract Documents shall remain in full force and effect and be read with the controlling specific part or detailed requirement. These provisions will be as effective as if repeated specifically in the Contract Documents in connection with each duty, obligation, right and remedy to which they apply.

8.4. The Contractor shall not sell, assign, transfer or

otherwise convey any of the Contractor's rights and shall not delegate any of the Contractor's duties under this Agreement without the prior written consent of the Owner and the sureties for the Contractor . In its sole discretion, the Owner may refuse to consent to any proposed assignment or delegation.

Any attempted sale, assignment, transfer or other conveyance in violation of this paragraph shall be void and shall relieve the Owner of any further liability under the Contract Documents but shall not relieve the Contractor's sureties of any liability. If the Owner consents in writing to an assignment, unless specifically stated to the contrary in the consent, that assignment shall not release or discharge the Contractor from any duty or responsibility set forth in the Contract Documents, MICHSPEC ™ DTMB 00500 − 3 (Rev. 03/21) and shall not release or discharge the Contractor's sureties under the Bonds required by the Contract Documents.

8.5. The Owner reserves the right to correct any error in

any Request for Payment that may have been paid. The Owner reserves the right, should proof of Defective Work be discovered after final payment, to claim and recover from the Contractor and/or the Contractor's surety(ies), sufficient sums to correct or remove and replace the Defective Work.

8.6. Any waiver by the Owner of any provision of the

Contract Documents shall be specific and in writing and apply only to the specific matter and not to other similar or dissimilar matters. Any waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach.

8.7. Nothing contained in this Agreement shall in any

manner authorize, empower or constitute the Contractor , Subcontractors or

MICHSPEC ™ DTMB 00500 − 3 (Rev. 03/21)

Suppliers (a) to act as agents of the Owner, (b) to assume or create any obligation or responsibility whatsoever, express or implied, on behalf of or in the name of the Owner ; (c) to bind the Owner in any manner, or (d) to make any representation, warranty, covenant, agreement or commitment on behalf of the Owner . It is the intent and understanding of the parties that the Contractor shall perform the Work as an independent contractor. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any third party.

8.8. If the Owner or Contractor suffers injury or damage

to person or property because of error, omission or act of the other, any of the other's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observation of that injury or damage. This provision is not and shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or time requirements set forth in Section 00700 General Conditions.

8.9. All computer programs which are not the subject of

copyrights by third parties and which are delivered, developed, produced or paid for under a specific requirement of the Contract Documents and all plans, drawings, designs, specifications, technical reports, operating manuals and other data which are delivered, developed, produced or paid for under the Contract Documents shall be the property of the Owner . The Owner maintains all rights to such programs and deliverables, including the right to use, duplicate, and disclose the programs and deliverables, in whole or in part, in any manner and for any purpose. If any program or deliverable is copyrightable, the Contractor may copyright it subject to the Owner's rights. The Owner reserves a royalty-free, nonexclusive and irrevocable license to use, duplicate, publish and disclose such programs and deliverables, in whole or in part, and to authorize others to do so.

8.10. The Contractor warrants that all costs in proposals

and claims for adjustments in Contract Price shall not exceed those allowed under the Contract Documents, and that proposals and claims for adjustments in Contract Price shall grant prices, terms and warranties comparable to or better than prices, terms and warranties offered to others for similar work.

8.11. This Agreement shall be binding on the

Contractor, Owner and their respective successors and legal representatives and, if the Owner has consented to an assignment or other conveyance, on all their respective assigns and delegates.

*8.12. The Contract Documents shall be governed by and construed in accordance with the Laws of the State of Michigan in effect on the date of Bid opening. Any change in Michigan Law after that date shall be binding only to the extent the Owner and Contractor agree or to the extent such change is beyond the capacity of the parties to avoid.

ARTICLE 9 NOTICE AND SERVICE

9.1. Unless otherwise provided in the Contract

Documents or consented to by the Owner in writing, any notice, demand or communication shall be in writing and shall be deemed to have been given when received by the individual required to be given notice at the address designated in this Agreement. A copy of any notice, demand or notification shall be sent to the address below.

9.2. Any written notice or other written communication to

the sureties shall be sufficiently given if delivered to the individual required to be given notice at the address designated in the Bond.

IN WITNESS WHEREOF, the Owner and Contractor have signed this Section 00500 Agreement in triplicate and initialed three (3) full sets of the Contract Documents. One (1) full set of the executed Contract Documents will be delivered to the Contractor .

THE STATE OF MICHIGAN

BY:

Director , Department of Technology, Management and Budget

NAME:

Witness:

Date:

Address for giving notices:

Department of Technology, Management and Budget State Facilities Administration Design and Construction 3111 W. St. Joseph Street Lansing, MI 48917

THE CONTRACTOR

BY:

Title: Date

NAME:

Federal ID No. or SS No .(LAST 4 Only)______________

Telephone No.

Witness:

Date:

MICHSPEC ™ DTMB 00500 − 4 (Rev. 03/21)

Address for giving notices

MICHSPEC ™ DTMB 00500 − 4 (Rev. 02/2018)

CERTIFICATE OF PRINCIPAL

(If Contractor is Other Than a Sole Proprietor)

I, _________________________, certify that I am the Secretary of the Corporation ____, or a General Partner ____ or Managing Partner ____ or Partner ____ of the partnership, named as the Contractor in the attached Section 00500 Agreement, that __________________ _____________ who signed Section 00500 Agreement on behalf of the Contractor , was then __________________ of that corporation ___ or partnership ___; that I know the undersigned's signature, and the signature is genuine; and that Section 00500 Agreement was duly signed, sealed and attested for and on behalf of that corporation ___ partnership ___ by authority of its governing body ___ or partners ___

Signed by the Secretary or Other Authorized Officer of the Corporation Date or By General Partner or Managing Partner or Authorized Partner Certifying

Name of the Corporation or True Name of the Partnership

Telephone No. _______________________________

(Corporate Seal)

VERIFICATION

(by Contractor )

STATE OF __________________ )

COUNTY OF ________________ )

Before me, a Notary Public duly commissioned, qualified and acting, personally appeared (enter name of person who signed Section 00500 Agreement on behalf of the Bidder), ______________________________________ to me well known, who being by me first duly sworn upon oath, says that he/she is the Attorney-In-Fact for (enter the Contractor's name) ____________________________________ ____________________________ and that he/she has been authorized by (enter name of individual, partnership name, or that governing body of the Bidder named in the attached corporate resolution) __________________________________________________________ to execute Section 00500 Agreement on behalf of the named Contractor in favor of the STATE OF MICHIGAN.

Subscribed and sworn before me this __________ day of ______________________________, A.D., 20________.

Notary Public, State of ____________________

My Commission Expires: ____________________________________

MICHSPEC ™ DTMB 00500 − 5 (Rev. 03/21)

RESOLUTION OF CORPORATE AUTHORITY

(If Contractor is a Corporation)

I, __________________________, Corporate Officer of ______________________________________, a

(Print or type) Corporation (the "Company") (Indicate State)

DO HEREBY CERTIFY that the following is a true and correct excerpt from the minutes of the meeting of the Board of Directors, wherein a quorum was present, duly called and held on _______________________ and that the same is now in full force and effect:

"RESOLVED, that the Chairman, the President, each Vice President, the Treasurer, and the Secretary and each of them, hereby is authorized to execute and deliver, in the name and on behalf of the Company and under its corporate seal or otherwise, any agreement or other instrument or document in connection with any matter or transaction that shall have been duly approved; the execution and delivery of any agreement, document, or other instrument, or document in connection with any matter or transaction that shall have been duly approved; the execution and delivery of any agreement, document, or other instrument by any of such officers to be conclusive evidence of such approval."

I FURTHER CERTIFY that _____________________________ is Chairman of the Board, __________________________________ is President, ______________________________ is Treasurer, and

______________________________ is Secretary.

I FURTHER CERTIFY that any of the officers of the Company named in this Resolution of Corporate Authority are authorized to execute or guarantee and commit the Company to the conditions, obligations, stipulations and undertakings contained in the

Contract Documents for Agency No. ________, Funding Code. ___________, File No. ___________ Work

_____________________________________________, _________________________________________ and that all necessary corporate approvals have been obtained in relationship thereto.

IN WITNESS THEREOF, I have set my hand this _____ day of ____________________, 20___.

CORPORATE SEAL

Corporate Officer's Signature

Title

Telephone No. _______________________________

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CERTIFICATE OF PARTNERSHIP AUTHORITY

(If Contractor is a Partnership)

I, ______________________________, General Partner in ________________________________________, a ___________________ (Print or Type) Partnership (the "Partnership") (Indicate State)

DO HEREBY CERTIFY that I am a General Partner in the Partnership formulated pursuant to a Partnership Agreement dated

____________________________________, 20___, and that the following is a true and correct excerpt from the minutes of the meeting of the General Partnership held on ____________________ and that the same is now in full force and effect:

"That each General Partner is authorized to execute and deliver, in the name and on behalf of the Partnership, any agreement or other instrument or document in connection with any matter or transaction that shall have been duly approved; the execution and delivery of any agreement, document, or other instrument, or document in connection with any matter or transaction that shall have been duly approved; the execution and delivery of any agreement, document, or other instrument by a General Partner to be conclusive evidence of such approval."

I FURTHER CERTIFY that any of the aforementioned General Partners of the Partnership are authorized to execute or guarantee and commit the assets of the Partnership to the conditions, obligations, stipulations and undertakings contained in the Contract

Documents for Agency No. _________, Funding Code. ___________, File No. ___________ Work

______________________________________________, _______________________________________ and that all necessary partnership approvals have been obtained in relationship thereto.

IN WITNESS THEREOF, I have set my hand this _____ day of ____________________, 20___.

General Partner's Signature

Title

Telephone No. _______________________________

END OF SECTION 00500

MICHSPEC ™ DTMB 00500 − 7 (Rev. 03/21)

STATE OF MICHIGAN ( OWNER AND CONTRACTOR ) ATTACHMENT A TO AGREEMENT

SECTION 00520 ATTACHMENT “A” TO AGREEMENT

PROFESSIONAL − Sedgewick + Ferweda Architects

WORK − Albion Armory

AGENCY No. − _____511__________ FUNDING CODE: ____________________ FILE No. ___511/21187.CAK______

CONTRACT ORDER No. Y___________

This Section 00520 Attachment A to Agreement supplements those specific provisions in Section 00500 Agreement designated below. All other provisions in Section 00500 Agreement that are not so supplemented remain in full force and effect. The terms “Agreement”, “Contract Documents” and “Contract” have specific intents and meanings assigned as stated in Section 00500 Agreement and Section 00020 Glossary.

SUPPLEMENTARY TERMS AND CONDITIONS TO

ARTICLE 4 CONTRACT TIME; LIQUIDATED DAMAGES

The following separable parts of the Work will be completed, as specified in the Contract Documents:

(a) within ____Two Hundred Seventy _____ (_270__) Days from the date when the Contract Time commences to run, or on or before _____________, 20____.

(b) within _________ (___) Days from the date when the Contract Time commences to run, or on or before _____________, 20____.

(c) within _________ (___) Days from the date when the Contract Time commences to run, or on or before _____________, 20____.

These interim Contract Times are of the essence so as to: (a) not Delay work by others as provided in Article 13 of the General Conditions; (b) conform to the sequences of Work indicated in or required by the Contract documents; and (c) comply with the coordination requirements of the Contract Documents.

The Owner and Contractor recognize that the Contract Time(s) specified in this Attachment A is(are) of the essence to this Agreement in that the Owner will suffer costs and damages if the Work is not completed within the Contract Time(s) plus any extensions authorized in accordance with Section 00700 General Conditions. Accordingly, liquidated damages will apply based on the following schedule: (a) One Thousand Dollars and No/Cents ($__1,000.00____________); (b) ____________________________________________________________________ Dollars and No/Cents ($ _______________);

and (c) ____________________________________________________________________ Dollars and No/Cents ($_______________) for each Calendar Day that expires after each of the respective Contract Times specified in this Section 00520 Attachment A to the Agreement for the completion of each of those designated parts of the Work, respectively, until each of those parts of the Work is complete. Any deduction by the Owner of liquidated damages from Requests for Payment shall be undertaken only after consultation with the Professional and shall be subject to the procedures outlined in paragraph 4.3, Section 00500 Agreement.

END OF SECTION 00520

MICHSPEC ™ DTMB 00520 − 1 (Rev. 03/21)

STATE OF MICHIGAN ( OWNER AND…