Contract Documents_

Contract Documents and Specifications

Branch ISD Parking Lot Reconstruction Project 2024

Owner:

Branch Intermediate School District 370 Morse St.

Coldwater, MI 49036

Prepared by:

AR Engineering, LLC

5725 Venture Park Drive, Suite A Kalamazoo, MI 49009

March 2024

Project Number: 23170001

Section 1.1

1. TABLE OF CONTENTS

1. TABLE OF CONTENTS ............................................................................................................ 1.1

2. NOTICE TO BIDDERS ............................................................................................................. 2.1

3. INSTRUCTIONS TO BIDDERS .................................................................................................. 3:1

1. Contract Documents .................................................................................................................. 3:1

2. Interpretation of the Contract Documents and Visit to Site ...................................................... 3:1

3. Addendum.................................................................................................................................. 3:1

4. Submittal of Proposals ............................................................................................................... 3:2

5. Withdrawal of Proposals ............................................................................................................ 3:2

6. Nondiscrimination ...................................................................................................................... 3:2

7. Bid Bond ..................................................................................................................................... 3:3

8. Project Timeline ......................................................................................................................... 3:3

9. Funds Available .......................................................................................................................... 3:3

10. Experience and Qualifications.................................................................................................... 3:3

11. Permits ....................................................................................................................................... 3:3

12. Contract Award and Execution .................................................................................................. 3:3

13. Subcontractors ........................................................................................................................... 3:4

4. BID PROPOSAL FORM ........................................................................................................... 4:1

5. UNIT PRICES – BID PROPOSAL............................................................................................... 5.1

6. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT

(STIPULATED PRICE) ........................................................................................................................ 6.1

Article 1— WORK ................................................................................................................................... 6.1

Article 2— THE PROJECT ........................................................................................................................ 6.1

Article 3— ENGINEER ............................................................................................................................. 6.1

Article 4— CONTRACT TIMES ................................................................................................................. 6.1

Article 5— CONTRACT PRICE.................................................................................................................. 6.3

Article 6— PAYMENT PROCEDURES ....................................................................................................... 6.4

Article 7— CONTRACT DOCUMENTS ..................................................................................................... 6.5

Article 8— REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS ................................................. 6.6

7. PERFORMANCE BOND .......................................................................................................... 7.1

8. PAYMENT BOND .................................................................................................................. 8.1

9. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ................................ 9.1

Article 1—Definitions and Terminology ................................................................................................. 9.6

Section 1.2

Article 2—Preliminary Matters ........................................................................................................... 9.13

Article 3—Contract Documents: Intent, Requirements, Reuse ........................................................... 9.15

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ........................................................ 9.18

ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL

CONDITIONS ........................................................................................................................................ 9.21

ARTICLE 6—BONDS AND INSURANCE ................................................................................................. 9.30

Article 7—Contractor’s Responsibilities .............................................................................................. 9.37

Article 8—Other Work at the Site ........................................................................................................ 9.52

Article 9—Owner’s Responsibilities ..................................................................................................... 9.54

Article 10—Engineer’s Status During Construction ............................................................................. 9.56

Article 11—Changes to the Contract ................................................................................................... 9.58

Article 12—Claims ................................................................................................................................ 9.64

Article 13—Cost of the Work; Allowances; Unit Price Work ............................................................... 9.65

ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE

WORK 9.71

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ................................. 9.74

Article 16—Suspension of Work and Termination .............................................................................. 9.83

Article 17—Final Resolution of Disputes ............................................................................................. 9.85

Article 18—Miscellaneous ................................................................................................................... 9.86

10. SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT .................................... 10.1

Article 1 - DEFINITIONS AND TERMINOLOGY ....................................................................................... 10.2

Article 2 - PRELIMINARY MATTERS ...................................................................................................... 10.2

Article 3 - CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE............................................... 10.2

Article 4 - COMMENCEMENT AND PROGRESS OF THE WORK ............................................................. 10.2

Article 5 - SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 10.2

Article 6 - BONDS AND INSURANCE ..................................................................................................... 10.2

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES .................................................................................. 10.5

ARTICLE 8 - OTHER WORK AT THE SITE ............................................................................................... 10.5

ARTICLE 9 - OWNER’S RESPONSIBILITIES ............................................................................................ 10.5

ARTICLE 10 - ENGINEER’S STATUS DURING CONSTRUCTION ............................................................. 10.5

ARTICLE 11 - CHANGES TO THE CONTRACT ........................................................................................ 10.5

ARTICLE 12 - CLAIMS ........................................................................................................................... 10.5

ARTICLE 14 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCCEPTANCE OF DEFECTIVE

WORK 10.5

Section 1.3

ARTICLE 15 - PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD ........ 10.5

ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION ................................................................ 10.5

ARTICLE 17 - FINAL RESOLUTIONS OF DISPUTES ................................................................................ 10.5

ARTICLE 18 - MISCELLANEOUS ............................................................................................................ 10.7

11. PROJECT SPECIFICATIONS ................................................................................................... 11.1

SUMMARY OF WORK .......................................................................................................................... 11.1

MEASUREMENT AND PAYMENT ......................................................................................................... 11.1

FIELD ENGINEERING............................................................................................................................. 11.2

REGULATORY REQUIREMENTS ............................................................................................................ 11.3

PROJECT MEETINGS ............................................................................................................................. 11.3

SUBMITTALS ........................................................................................................................................ 11.5

QUALITY CONTROL .............................................................................................................................. 11.7

CONSTRUCTION FACILITIES & TEMPORARY CONTROLS ..................................................................... 11.8

MATERIAL AND EQUIPMENT ............................................................................................................ 11.10

CONTRACT CLOSEOUT ....................................................................................................................... 11.12

INSURANCE ........................................................................................................................................ 11.13

Section 2.1

2. NOTICE TO BIDDERS

The Branch ISD will open bids on April 10, 2024 at 3:00 P.M. local standard time in the Branch ISD Administrative Office.

Branch ISD

Parking Lot Reconstruction Project 2024

Job Number: 23170001

Bids may be mailed or delivered to the Branch ISD Administrative Office prior to 3:00 PM, ATTN: Diane Shiery 370 Morse St.

Coldwater, MI 49036

Sealed bid envelopes should be labeled as:

Branch ISD Parking Lot Reconstruction Project 2024, Job Number: 23170001

Plans and specifications will be available on March 25th. Hard copies can be obtained from the Engineer, AR Engineering LLC, 5725 Venture Park Drive, Suite A, Kalamazoo, MI 49009. The fee for obtaining a hard copy documents is Fifty Dollars ($20). An additional Twenty Dollars ($50.00) will be charged for plans requiring shipping.

Contract documents may be examined at the following locations:

Branch ISD, 370 Morse St., Coldwater, MI 49036 AR Engineering, LLC, 5725 Venture Park, Suite A, Kalamazoo, MI 49009 Builders Exchange of Michigan – home.grbx.com Dodge Data & Analytics – www.construction.com

The Branch ISD reserves the right to reject any or all bids, to waive any irregularities, and further reserves the right to accept any bid or parts of bids which it deems to best serve the interest of the Owner. No bids may be withdrawn for at least 90 days.

If you have any questions, please contact the Engineer, Spencer O’Dell, P.E., AR Engineering, LLC at (269) 250-5991 or via email at spencer@ARengineeringLLC.com.

Section 2.2

[THIS PAGE INTENTIONALLY LEFT BLANK]

Section 3:1

3. INSTRUCTIONS TO BIDDERS

1. Contract Documents

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

Each bid shall be made on the bid proposal form included as one of the Contract Documents. Signed forms shall contain the name of the bidder and title of the official having authority, under the by-laws, to sign contracts.

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

2. Interpretation of the Contract Documents and Visit to Site

Bidders shall carefully examine the Specifications and Contract Documents and shall visit the site of work to fully inform themselves as to all existing conditions and limitations. It is also expected the Bidder will investigate to determine the available facilities for receiving, transporting, handling and storing construction equipment and materials.

If the Bidder is of the opinion that any portion of the contract documents and specifications are uncertain, inconsistent or contains errors. Prior to submitting the bid, the Bidder will submit in writing a request to the Engineer to clarify that portion of the contract documents. The Engineer will provide clarification or correction and will become part of the contract documents as an addendum. The addendum will be mailed or delivered to each person on record as receiving a set of the Contract Documents.

Neither the Owner nor the Engineer will be responsible for any other explanations or interpretations of the Contract Documents.

Questions related to the project should be directed to Spencer O’Dell, P.E., at 269-250-5991 or by e-mail at Spencer@ARengineeringLLC.com.

3. Addendum

Any addendum issued during the time of bidding or forming a part of the Contract Documents provided to the Bidder for the preparation of their Proposal, shall be covered in the Proposal and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal.

Section 3:2

4. Submittal of Proposals

The bidders shall deliver proposals by the time and place as stipulated in the Notice to Bidders advertisement. Any bids received after the bid opening date and time will be returned to the bidder.

5. Withdrawal of Proposals

Bidders who have submitted proposals may withdraw their bids at any time prior to the schedule time for bid opening. No bidder can withdraw their bids after the bid opening for a period of 90 days.

6. Nondiscrimination

The Contractor agrees to comply with the Federal Civil Rights Act of 1964 as amended;

the Federal Civil Rights Act of 1991 as amended; the Americans With Disabilities Act of 1990 as amended; the Elliott- Larsen Civil Rights Act, Article 2, Act no. 453, Public Act of 1976 as amended; the Michigan Handicapper’s Civil Rights Act, Article 2, Act. No. 220;

Public Act of 1976, as amended and all other applicable Federal, State and Local laws and regulations. Specifically, contractors and subcontractors are required not to discriminate against any employee or applicant for employment with respect to such person’s hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of such person’s height, weight, race, color, religion, national origin, ancestry, age, marital status, sex, sexual orientation, gender identity or disability, as defined by law. Breach of this covenant may be regarded as a material breach of the contract.

Bidders on this project must follow, document, and maintain documentation of their Good Faith Efforts to ensure that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach.

Posting solicitations for quotes/proposals from DBEs in the Michigan Infrastructure and Transportation Association (MITA) website (www.mitadbe.com).

Section 3:3

7. Bid Bond

A bid bond or certified check payable to the Branch ISD in an amount equal to at least five percent (5%) of the proposal shall be provided with each bid. Bids that do not include a bid bond or certified check will be rejected and the proposal will be returned to the bidder. The bond shall bind the bidder for a period of 90 days after the receipt of bids.

Bid bond will be returned to the successful bidder after the signed agreement has been delivered and the require bonds have been approved. The remaining bid bonds of all bidders, except the awarded bidder, will be returned.

8. Project Timeline

Project shall be substantial complete by August 2, 2024 and final completion shall be August 30, 2024.

9. Funds Available

This contract will be financed and paid for by the Branch ISD.

10. Experience and Qualifications

The Owner/Engineer has the right to ask, after bids are collected, for five projects within the last five years of similar scope.

11. Permits

The contractor will be required to obtain all necessary permits for construction not obtained by the Owner and comply with all permit conditions.

12. Contract Award and Execution

Award will be made to a responsive and responsible bidder deemed to be in the best interest of the Owner.

Section 3:4

13. Subcontractors

Owner/Engineer has the right to ask, after bids are collected, for a list of all subcontractors and other entities proposed for the work.

Section 4:1

4. BID PROPOSAL FORM

Project Name:

Parking Lot Reconstruction Project 2024

Project Number: 23170001 Owner: Branch Intermediate School District

Owner’s Address:

370 Morse St.

Coldwater, MI 49036

Bid Date and Time: April 10, 2024, at 3:00 P.M.

Summary of Bids

Total Bid Amount: $_____________________________________________________________

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

The undersigned attaches hereto a bidder’s bond in the sum of $_________________________ as required in the Instructions to Bidders.

The Owner reserves the right to accept or reject any or all bids in their best interest. No partial bids will be accepted.

Bidder’s Name (Print) Firm Name

Address City Zip Code

E-mail Address Telephone

Signature Title Date

[THIS PAGE INTENTIONALLY LEFT BLANK]

Section 5.1

5. UNIT PRICES – BID PROPOSAL

Project Name: Branch ISD Parking Lot Reconstruction Project 2024 Project Number: 23170001 Owner: Branch Intermediate School District

ITEM

WORK ITEM

UNIT

UNIT PRICE

1. Mobilization, Max. $15,000 LS $

2. Erosion Control, Inlet Protection, Fabric Drop EA $

3. Crush and Shape Aggregate Base SYD $

4. Aggregate Base Reclamation (Bid Alternate) SYD $

5. HMA TON $

6. Pavement Striping and Markings LS $

7. Crack Seal and Seal Coat LS $

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

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

Section 6.1 of 8

6. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR

CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between Branch Intermediate School District, 370 Morse St., Coldwater, MI 49036 (“Owner”) and [Name of contracting entity and Address] (“Contractor”).

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

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 General description of work

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Crush and shape existing west parking lot to prepare aggregate base.

Bid Alternate Full depth reclamation with a cement stabilized base course in leu of crush and shape.

HMA Overlay

Crack Seal and Seal Coat North and East Pavements.

ARTICLE 2—THE PROJECT

2.01 Project Name

The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

Project Name: Branch ISD Parking Lot Reconstruction Project 2024

Project Number: 23170001

ARTICLE 3—ENGINEER

3.01 The Owner has retained AR Engineering, LLC, 5725 Venture Park Dr., Suite A, Kalamazoo, MI 49009 (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by AR Engineering, LLC (“Engineer”).

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

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

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

Section 6.2 of 8

4.02 Contract Times: Dates

A. The Work will be substantially complete on or before August 2, 2024, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before August 30, 2024.

4.03 Contract Times: Days

A. The Work will be substantially complete within [number] days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within [number] days after the date when the Contract Times commence to run.

4.04 Milestones

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

1. Milestone 1 [event & date/days]

2. Milestone 2 [event & date/days]

3. Milestone 3 [event & date/days]

4.05 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

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

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.

3. Milestones: Contractor shall pay Owner $[number] for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the Milestone rate.

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

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

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

Section 6.3 of 8

C. Bonus: Contractor and Owner further recognize the Owner will realize financial and other benefits if the Work is completed prior to the time specified for Substantial Completion. Accordingly, Owner and Contractor agree that as a bonus for early completion, Owner shall pay Contractor $[number] for each day prior to the time specified above for Substantial Completion (as duly adjusted pursuant to the Contract) that the Work is substantially complete. The maximum value of the bonus will be limited to $[number].

4.06 Special Damages

A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

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

ARTICLE 5—CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

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

All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.

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

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

Section 6.4 of 8

Unit Price Work Item No. Description Unit Estimated

Quantity Unit Price

Extended Price

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

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

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

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

ARTICLE 6—PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the second week of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

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

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

1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage;

and

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

Section 6.5 of 8

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

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.04 Consent of Surety

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

6.05 Interest

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

ARTICLE 7—CONTRACT DOCUMENTS

7.01 Contents

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

1. This Agreement.

2. Bonds:

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

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

3. General Conditions.

4. Supplementary Conditions.

5. Specifications as listed in the table of contents of the project manual (copy of list attached).

6. Drawings (not attached but incorporated by reference) consisting of 1 sheet with each sheet bearing the following general title: Branch ISD Parking Lot Reconstruction Project 2024.

7. Geotechnical Report by Soils and Structures Dated – 2/14/2024

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

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

a. [list exhibits]

10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

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

Section 6.6 of 8

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

e. Warranty Bond, if any.

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

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

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

ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.01 Contractor’s Representations

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

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

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

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

4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Section 6.7 of 8 within the Contract Times, and in accordance with the other terms and conditions of the Contract.

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

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

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

11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

8.02 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:

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

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

(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

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

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

8.03 Standard General Conditions

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

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

Section 6.8 of 8

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

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

Owner: Contractor:

Branch Intermediate School District (typed or printed name of organization) (typed or printed name of organization)

By: By:

(individual’s signature) (individual’s signature) Date: Date:

(date signed) (date signed) Name: Name:

(typed or printed) (typed or printed)

Title: Title:

(typed or printed) (typed or printed)

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

Attest: Attest:

(individual’s signature) (individual’s signature) Title: Title:

Address for giving notices: Address for giving notices:

Designated Representative: Designated Representative:

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

Address: Address:

Phone: Phone:

Email: Email:

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

License No.:

(where applicable)

State:

EJCDC® C-610, Performance Bond.

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

Section 7.1 of 4

7. PERFORMANCE BOND

Contractor Surety

Name: [Full formal name of Contractor] Name: [Full formal name of Surety]

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

[Address of Contractor’s principal place of business]

[Address of Surety’s principal place of business]

Owner Contract

Name: Branch Intermediate School District Description (name and location):

Mailing address (principal place of business): [Owner’s project/contract name, and location of the project] 370 Morse St.

Coldwater, MI 49036 Contract Price: [Amount from Contract]

Effective Date of Contract: [Date from Contract]

Bond

Bond Amount: [Amount]

Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract)

Modifications to this Bond form:

☐ None ☐ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

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

(Signature) (Signature)(Attach Power of Attorney) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

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

Section 7.2 of 4

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

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

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

If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

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

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

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

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

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

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

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

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

Section 7.3 of 4

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

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

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

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

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

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

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

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

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

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

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

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

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.

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

Section 7.4 of 4

14. Definitions

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

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

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

14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

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

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

16. Modifications to this Bond are as follows: None

EJCDC® C-615, Payment Bond.

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

Page 8.1 of 4

8. PAYMENT BOND

Contractor Surety

Name: [Full formal name of Contractor] Name: [Full formal name of Surety]

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

[Address of Contractor’s principal place of business]

[Address of Surety’s principal place of business]

Owner Contract

Name: Branch Intermediate School District Description (name and location):

Mailing address (principal place of business): [Owner’s project/contract name, and location of the project] 370 Morse St.

Coldwater, MI 49036 Contract Price: [Amount, from Contract]

Effective Date of Contract: [Date, from Contract]

Bond

Bond Amount: [Amount]

Date of Bond:…