REQUEST FOR PROPOSAL (RFP)

Purchase and Installation of Drinking Fountain Water Filling Stations that meet Filter First Guidelines Issued by: Grosse Ile Township Schools Date Issued: 10/30/2025

- Overview

Grosse Ile Township Schools (owner) is soliciting proposals from qualified vendors for the purchase and installation of filtered drinking fountain water filling stations as part of the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Filter First Grant initiative. The goal is to ensure access to clean, lead-free drinking water in all school buildings serving Pre-K through 12th grade.

- Background

The Michigan Filter First Law (PA 201 of 2023) requires the installation of filtered drinking water stations in all school buildings by the 2025-2026 school year. This project is funded through the Filter First Grant Program, which provides financial assistance to public and nonpublic schools to achieve compliance.

- Scope of Work

The selected vendor will be responsible for the following:

• Supplying filtered drinking fountain and water bottle filling stations compliant with NSF/ANSI 53 and 42 standards.

• Providing certified installation services for each unit in accordance with manufacturer and local plumbing codes.

• Ensuring units are ADA-compliant and meet EGLE specifications.

• Removing and responsibly disposing of any existing water fountains being replaced.

• Providing all necessary parts, labor, and materials for installation.

• Delivering initial filter sets and spare replacement filters.

• Providing training and/or documentation for maintenance and filter replacement.

• Conducting post-installation verification to ensure units are operational and properly filtered.

- Estimated Quantity and Locations

• Total Number of Units: 18

Installation Locations: Grosse Ile Middle School and Grosse Ile High School

Jamie Rose

- Proposal Requirements

• Documentation of product specifications and certifications.

• Detailed project plan and timeline.

• Itemized pricing for units, installation, filters, and labor.

• Warranty information for equipment and workmanship.

• Proof of liability insurance and relevant licenses/certifications.

• Company profile and relevant experience.

• Three references from recent similar projects.

• Proposal Forms o 1. Proposal Form o 2. Familial Disclosure Statement o 3. Iran Disclosure Statement o 4. Non-Collusive Affidavit o 5. Equal Opportunity Form o 6. Criminal Background Disclosure Affidavit

• Standard Form of Agreement AIA A105-2017, as modified

• 5% bid security in the form of a bid bond or certified check made out to the Grosse Ile

Township Schools

- Prevailing Wage

As this project is funded by a grant from the State of Michigan, it is subject to the Prevailing Wages on State Projects Act, MCL 408.1101 et seq. A link to the schedule of rates is attached to this Request for Proposals. The wages and fringe benefits paid to construction mechanics (excluding those under the State Civil Service Commission) by the contractor and all subcontractors must not be less than the prevailing rates in the locality where the work is performed. The contractor has certain duties under the Prevailing Wages on State Projects Act, including, but not limited to, the following:

• Registering with the Wage & Hour Division of the Michigan Department of Labor and Economic Opportunity.

• Registering the project with Wage and Hour Division.

• Submitting payroll records and other information to the Wage and Hour Division.

- Proposal Format

Prepare and submit two (2) copies of your proposal package to the designee listed on the first page. Packages should be in 8.5” x 11” format.

The following proposal format is required:

• Cover Letter

• Section 1 – Proposal Forms

A. Detailed Proposal Form B. Familial Disclosure Statements

C. Iran Disclosure Statement D. Non-Collusive Affidavit E. Equal Opportunity Form F. Criminal Background Disclosure Affidavit

- Timeline

• RFP Release Date: 10/30/2025

• Pre-bid Walk Through: 11/04/2025

• Deadline for Questions: 11/07/2025

• Proposal Submission Deadline: 11/24/2025 1:00pm local time

• Vendor Selection/Notification: 12/09/2025

• Project Completion Target: 07/31/2026

- Evaluation Criteria

Proposals will be evaluated on the following:

• Compliance with technical specifications and scope of work.

• Cost-effectiveness and pricing structure.

• Vendor experience and qualifications.

• Installation timeline and service availability.

• Warranty and support services.

- Submission Instructions

Submit proposals electronically in PDF format to:

Mike Grima grimam@gischools.org or Hard Copy Proposals can be mailed to:

Mr. Michael Grima Director of Operations Grosse Ile Township Schools 23276 E River Rd Grosse Ile Township, MI 48138

Subject Line: RFP – Drinking Fountain Water Filling Stations

Late submissions will not be considered.

- Clarifications And Exceptions

Please detail any clarifications, exceptions, or exclusions to this RFP (scope, schedule, fee, etc.).

mailto:grimam@gischools.org

List any and all exceptions taken to the contract documents provided. For each Exception, alternative language must be proposed. Owner reserves the right to reject any proposed alternative language.

The prevalence of these exceptions will be considered in reviewing the proposal and in the final selection of the firm for the project. Proposals that do not acknowledge these agreements or do not provide specific alternative language may be rejected.

- Additional Information

Please include any additional relevant information.

- Bid Bonds

Proposals must include a five percent (5%) bid security in the form of a bid bond or certified bank check payable to Grosse Ile Township Schools. This is required to accompany the submitted proposal.

- Proposal Submission

Sealed proposals for the work as described by the RFP package will be received as noted on the front page. Please mark the envelope of all proposals with “GITS - Proposal for Drinking Water Fountains” and include your firm’s name as well. Please also follow the specific instructions related to electronic submission

- Responsiveness

To be responsive, the proposal must set forth full, accurate, and complete information as required by this RFP and all attachments.

- Minimum Qualifications

In addition to the other requirements of this RFP, the following minimum qualifications must be met by your firm in order to submit a proposal:

• Firm has been in business for at least the last five (5) consecutive years.

• Firm is licensed to perform the required work in the State of Michigan.

• Firm is familiar with and has experience in the education sector, including at least five

(5) K-12 sector clients in the last five (5) years.

- Selection Process & Criteria

The selection of the successful firm by the Owner will be based on some, or all, of the following criteria (not in any particular order):

• Firm’s proposed team experience as related to similar projects

• Evidence of capabilities to perform all requirements reflected in the RFP

• Fee structure for all scopes of work

• Project schedule

• Client references and relevant experience

• Other criteria as determined by the Owner’s selection team

This project will require a team effort where collaboration and interaction are highly valued, as is the professionalism and contribution of all team members. To that end, the Owner will put as much emphasis on people and process as fees.

- Form Of Agreement

This is a request for proposal only. Proposals will be treated as offers to enter into contract with Owner. Owner and successful firm shall memorialize their contractual relationship and obligations using the form of contract attached to this RFP (“Contract”). The Contract contains many details regarding the services required under this RFP, as well as the terms and conditions under which the services shall be provided by the successful firm. The Contract should be reviewed carefully by each firm prior to submitting a proposal. Any exceptions to the terms and conditions contained in the Contract, or any other special considerations or conditions requested or required by the firm relative to this RFP or the form of Contract, shall be expressly and specifically enumerated by the firm and be submitted as part of its proposal, together with an explanation as to the reason such terms and conditions cannot be met by, or in the firm’s opinion are not applicable to, the firm, provided however, that exceptions or special conditions of the firm will not be binding upon Owner unless those exceptions special conditions are expressly accepted by Owner and incorporated into the final Contract. Following the selection of the successful firm, if any, by Owner, the Contract will be finalized by the parties. The final Contract shall be subject to the review and approval by Owner’s legal counsel.

- Data Conflicts

Where conflicts occur within this RFP, its contents, and addendum (including but not limited to the Standard Form of Agreement; general, supplemental, and other conditions; etc.) the more restrictive requirements shall govern — all in favor of the Owner.

- Unsolicited Terms and Conditions

Proposals which take exception to Owner’s terms and conditions as a whole and substitute the firm’s standard terms and conditions may be rejected.

- Fees/Taxes

All proposals shall include all applicable taxes, including Social Security, unemployment, sales or use taxes, and any other taxes specifically levied on the work or on wages by local, city, state, or federal government, except real property taxes on the site. Proposals shall also include all premiums, assessments, and other like payments, charges, and costs incidental to the work covered by the contract documents.

- Proposal Costs

Any recipient of this RFP, or any firm who chooses to respond to this RFP, is responsible for any and all costs and liabilities incurred by it, or others acting on its behalf, in (1) preparing or submitting a proposal, (2) otherwise responding to this RFP, or (3) negotiating any Contract incidental to its proposal.

- Irrevocability Of Proposals

All proposals submitted may not be withdrawn and shall be irrevocable for a minimum period of sixty (60) calendar days following the due date for receipt of proposals set forth on the front page.

- Authority To Sign

Proposals must be signed by an officer of the firm who is authorized to enter into binding agreements.

- Opening Of Proposals

At the specified location and due date stated on the first page, all submitted proposals shall be publicly opened and dated. Any interested parties may attend. No immediate decision will be rendered.

- Terms and Conditions

Grosse Ile Township Schools reserves the right to:

• Reject any or all proposals.

• Accept parts of a proposal without accepting the whole.

• Cancel or modify this RFP at any time.

GROSSE ILE TOWNSHIP SCHOOLS

FAMILIAL DISCLOSURE AFFIDAVIT

Familial Disclosure Affidavit

The undersigned, the owner or authorized officer of ________________________ (the “Contractor”), pursuant to the familial disclosure requirement provided in the Grosse Ile Township Schools (the “School District”) Request For Proposals for Purchase and Installation of Water Filing Stations, hereby represents and warrants that, except as provided below, no familial relationships exist between the owner or any employee of the Contractor, and any member of the Board of Education of the School District or the Superintendent of the School District. A list of the School District’s Board of Education Members and its Superintendent may be found at https://www.gischools.org/

List any Familial Relationships:

FIRM:

Name of Firm

By:

Its:

STATE OF )

)ss.

COUNTY OF )

This instrument was acknowledged before me on the day of , 2025, by

, Notary Public

______________ County, My Commission Expires:

Acting in the County of:

IRAN DISCLOSURE AFFIDAVIT

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below named firm (the “Firm”), pursuant to the compliance certification requirement provided in the Grosse Ile Township School’s (the “School District”) Request For Proposals for Purchase and Install of Water Filing Stations (the “RFP”), hereby certifies, represents and warrants that the Contractor (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing the Work or any services under the contract.

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

FIRM:

Name of Firm

By:

Its:

COUNTY OF )

NON-COLLUSIVE AFFIDAVIT

NON-COLLUSIVE AFFIDAVIT

STATE OF MICHIGAN )

) SS

COUNTY OF )

, being duly sworn, deposes and says that:

1. The proposal has been arrived at by the contractor independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any other vendor of materials, supplies, equipment, or services described in the request for proposals, designed to limit independent bidding or competition; and,

2. The contents of the proposal have not been communicated by the contractor or its employees or agents to any person not an employee or agent of the consultant or its surety on any bond furnished with the proposal, and will not be communicated to any such person prior to the official opening of the proposal.

Signature of Contractor

COUNTY OF )

EQUAL OPPPORTUNITY FORM

Equal Opportunity Form

It is the publicly stated policy of not to discriminate against any employee, applicant for employment, contractor, or material supplier, because of race, religion, national origin, ancestry, or sex. Regarding employment, such non-discrimination includes, but is not limited to, our(my) policies of recruitment, recruitment advertising, selection for apprenticeships or other training, rates of pay, promotion, transfer, lay-off, or termination.

In all advertising for employment, subcontractors, or suppliers we (I) shall state all

Applicants or respondents will receive consideration without regard to race, religion, color, national origin, ancestry, or sex.

We (I) understand that any contract for Grosse Ile Township Schools shall be in consideration of our maintaining the above-mentioned non-discrimination policy.

We (I) understand that we (I) may be required to submit further information covering the race, color, and work classification for our employees and those of subcontractors to be employed on this project.

Signature __________________________________________

Dated this day of____________________________ , 20_____ .

FIRM NAME :__________________________________________

BY:

Name (printed)_______________________________________________

Signature___________________________________________________

Position/Title__________________________________________________

Criminal Background Affidavit

Criminal Background Affidavit

The undersigned, the owner or authorized officer of the below-named firm (the “Firm”), pursuant to the criminal background compliance certification requirements of Grosse Ile

Township Schools (the “School District”) hereby represents and warrants that the Firm has performed and/or will perform sufficient criminal background checks, including at a minimum, an Internet Criminal History Tool (“ICHAT”) (or equivalent for non-Michigan residents) for all of its owners, employees, agents, representatives, contractors, and/or other personnel who will be on any School District premises to carry out the services contemplated by the contract documents. The Firm further hereby certifies that no owner, employee, agent, representative, contractor, and/or other personnel of the Firm will be on any School District premises if they are a registered criminal sexual offender under the Sex Offenders Registration Act, Public Act 295 of 1994, or have been convicted of “Listed Offense” as defined under Section 722 of the Sex Offenders

Registration Act, MCL 28.722.

The Firm further acknowledges that if it is found to have submitted a false certification or otherwise fails to comply with the requirements of this certification, the School District may immediately terminate the contract.

SIGNATURE___________________________________________________

Dated this day of_____________________ , 20_____________ .

FIRM NAME:__________________________________________________

BY:___________________________________________________________

Signature_______________________________________________________

Position/Title____________________________________________________

AIA® Document A105™ – 2017

Standard Short Form of Agreement Between Owner and Contractor

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 17:01:50 ET on 02/03/2022 under Order No.8750023068 which expires on 09/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1329887319)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

AGREEMENT made as of the « » day of « » in the year «Two Thousand Twenty Five.» (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information)

Grosse Ile Township Schools 23276 E River Road Grosse Ile Township, MI 48138 and the Contractor:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description) Purchase and Installation of Drinking Fountain Water Filling Stations per the Request for Proposal dated [Month and Date], 2025

The Architect:

(Name, legal status, address and other information)

«n/a »

The Owner and Contractor agree as follows.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 17:01:50 ET on 02/03/2022 under Order No.8750023068 which expires on 09/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To

TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENTS

5 INSURANCE

6 GENERAL PROVISIONS

7 OWNER

8 CONTRACTOR

9 OWNER

10 CHANGES IN THE WORK

11 TIME

12 PAYMENTS AND COMPLETION

13 PROTECTION OF PERSONS AND PROPERTY

14 CORRECTION OF WORK

15 MISCELLANEOUS PROVISIONS

16 TERMINATION OF THE CONTRACT

17 OTHER TERMS AND CONDITIONS

ARTICLE 1 THE CONTRACT DOCUMENTS

§1.1 The Contractor shall faithfully and competently complete the Work described in the Contract Documents, or as reasonably inferable as necessary or incidental, to produce the results intended by the Contract Documents. The Contract Documents consist of

.1 this Agreement signed by the Owner and Contractor;

.2 all the Drawings and Specifications prepared by the Owner for construction for the Project, attached hereto by this reference, and including (but not necessarily limited to) the following:

Drawings:

Number Title Date

Specifications:

Section Title Pages

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.3 addenda, if any, prepared by the Owner as follows:

Number Date Pages

.4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this Agreement; and

.5 other Contract Documents, if any, identified as follows:

Exhibit A – Request for Proposal dated [Month and Day], 2025 Exhibit B – Bid Proposal Submitted by [name of contractor].

Exhibit C - List of Subcontractors and Suppliers Exhibit D – Project Preliminary Major Milestone Schedule Exhibit E – Contractor’s Certificate of Insurance and Bonds»

§1.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Work called for on the Drawings and not mentioned in the Specifications, or vice versa, shall be performed as though fully set forth in both. Nothing in this Section 1.2, however, shall relieve the Contractor of any of its obligations under the Contract Documents. Conflicts between or among the Contract Documents shall be resolved under the following rules of construction:

.1 the specific shall govern over the general;

.2 specified dimensions shown on the Drawings shall govern, even though they may differ from dimensions scaled on the Drawings, if any;

.3 Drawings of larger scale shall govern over those of smaller scale; any special Drawing details shall govern over standard detail;

.4 Specifications shall govern over Drawings in matters of material or equipment specified;

.5 Drawings shall govern over Specifications in matters of construction or installation detail;

.6 documents of later date shall always govern, except that the Agreement shall govern over all other documents, regardless of their dates; and .7 in the event of any inconsistency or ambiguity between this Agreement and the Contract Documents, the terms that requires a higher standard of performance by the Contractor shall prevail.

§1.3 Work not particularly detailed, marked, or specified shall be the same as similar parts that are detailed, marked, or specified. On certain Contract Documents, only a portion of the detail may be fully shown and the remainder indicated in outline, in which case the general detail shall be understood as also applying to other like portions of the Work.

§1.4 The organization of the Specifications into divisions, sections, and/or articles, and the arrangement of the Drawings, shall not dictate to the Contractor in any way how the Work is to be divided among Subcontractors, or establish the extent of Work to be performed by any trade. Similarly, the organization of the Contractor’s duties into different phases or categories in the Agreement is for convenience only and shall not limit the generality of the Contractor’s obligation to provide all services necessary to complete the contracted-for Work.

§1.5 All references in the Contract Documents to standards (such as commercial standards, federal specifications, trade association standards or similar standards), whether for materials, processes, assemblies, workmanship, performance, or any other purpose, shall mean, unless otherwise noted, the most recent available published version of such standard as of the date of that part of the Contract Documents bearing the reference. All standards referred to, except as modified in the Contract Documents, shall have the same force and effect as though printed therein. These standards will not be furnished to the Contractor, as the Contractor and all members of the Construction Team are required to be familiar with the requirements of the standards.

§1.6 Whenever a provision of the Contract Documents conflicts with agreements or regulations in force among members of trade associations, unions, or councils, any of which regulate or distinguish the portions of the Work which shall or shall not be performed by a particular trade, the Contractor shall make necessary arrangements to reconcile the conflict without delay, damage, cost, or recourse to the Owner. Delays in the Work resulting from the failure of the Contractor to use its best efforts to reconcile any such conflicts shall not result in an extension of the Project Schedule and shall not result in the increase of the Contract Sum.

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§1.7 The Contractor acknowledges that there may be items of the Work which the Contractor is responsible to provide under the Agreement that are not drawn or specified in the Design but are necessary for the proper execution and completion of the Work and are consistent with and reasonably inferable from the Drawings and Specifications. All such items shall be provided as part of the Work without delay in its progress and without any increase in the Contract Sum.

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

§ 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the Work.

§ 2.2 Date of Commencement:

Unless otherwise set forth below, the date of the commencement of the Work shall be the date of this Agreement.

(Insert the date of commencement if other than the date of this Agreement.)

The date of the commencement of the Work shall be June 13, 2025.

§ 2.3 Substantial Completion:

Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion, as defined in Section 12.5, of the entire Work:

(Check the appropriate box and complete the necessary information.)

[ « » ] Not later than « » ( « » ) calendar days from the date of commencement.

[ « X » ] By the following date: «[month and day], 2025. »

§ 2.4 Liquidated Damages: Not Used § 2.4.1 Not Used § 2.4.2 Not Used

§ 2.4.3 Not Used § 2.4.4 Not Used

ARTICLE 3 CONTRACT SUM

§ 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work.

Subject to additions and deductions in accordance with Article 10, the Contract Sum is:

«A Not-to-Exceed amount of [dollar amount] and __/100 Dollars» ($«__________ » ).»

§ 3.2 For purposes of payment, the Contract Sum includes the Schedule of Values provided in Exhibit A related to portions of the Work

§ 3.3 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner:

§ 3.3.1 The following alternates are included in the Contract Sum:

Item Price

§ 3.3.2 The Contract Sum does not include the following alternates, which are described in the Contract Documents and may be accepted by the Owner in writing. Provided, however, that the Contractor shall furnish the Owner with no less than fourteen

(14) days’ prior written notice of the date upon which any of the alternates set forth in this Section 3.3.2 must be accepted by the Owner in order for the Contractor to perform the Work covered by such alternates for the price set forth in this Section

3.3.2 and without any adjustment to a milestone date or in the Contract Time.

§ 3.4 Allowances, if any, included in the Contract Sum are as follows:

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(Identify each allowance.)

§ 3.4.1 Use of any Allowance shall be at the sole discretion and written approval of the Owner. Costs allocated against an Allowance shall exclude overhead and profit; any overage on an Allowance, shall be calculated by adding the Contractor’s Actual Cost for labor and material plus the Contractor’s overhead and profit as defined in Section 10.1.

§ 3.5 Unit prices, if any, are set forth in the "Schedule of Unit Prices" attached hereto and made part of this Agreement as Exhibit B. Such Unit prices are considered complete and include: (i) all materials, equipment, labor, delivery, installation, overhead, and profit; and (ii) any and all other costs or expenses in connection with, or incidental to, the performance of that portion of the Work to which such unit prices apply.

ARTICLE 4 PAYMENTS

§ 4.1 Based on Contractor’s Applications for Payment, the Owner shall pay the Contractor, in accordance with Article 12, as follows:

§ 4.1.1 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

§ 4.1.2 Provided that a complete Application for Payment is received by the Owner not later than the «last» day of a month, the Owner shall pay the undisputed portions of the amount to the Contractor not later than the «last» day of the «following» month. If an Application for Payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than «forty-five» (45) days after the Owner certifies the Application for Payment.

§ 4.1.2.1 Not Used

§ 4.1.3 Retainage. Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of «ten» percent («10»%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included;

.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of «ten» percent («10»%); and

.3 Subtract the aggregate of previous payments made by the Owner

§ 4.1.4 The progress payment amount determined in accordance with Section 4.1.3 shall be further modified under the following circumstances:

.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and

.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts authorized pursuant to a fully executed change order and in accordance with Section 11.4,

11.5 and 11.6.

§ 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project.

(Insert rate of interest agreed upon, if any.)

Zero percent (0%)

ARTICLE 5 INSURANCE

§ 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period for correction of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1:

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 17:01:50 ET on 02/03/2022 under Order No.8750023068 which expires on 09/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To

§ 5.1.1 Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not less than the minimum coverages indicated in Section 5.1.7 below.

§ 5.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than the minimum coverages indicated in Section 5.1.7 below along with any other statutorily required automobile coverage.

§ 5.1.3 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 5.1.1 and 5.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 5.1.4 Workers’ Compensation at statutory limits.

§ 5.1.5 Employers’ Liability with policy limits not less the minimum coverages indicated in Section 5.1.7 below.

§ 5.1.6 The Contractor shall purchase and maintain property insurance written on a builder’s risk "all-risk" or equivalent form in the amount and with deductibles determined by the Owner. Except as otherwise provided in the Contract Documents, if the property insurance requires deductibles, the Contractor shall be responsible to pay costs, resulting from the acts or omission of the Contractor and its subcontractors, not covered because of such deductibles.

§ 5.1.7 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits Workers’ Compensation

Employer’s Liability:

Bodily Injury by Accident:

Bodily Injury by Disease, Policy Limit Bodily Injury by Disease, Each Employee

General Liability:

Each Occurrence (Bodily Injury and Property Damage) Personal & Advertising Injury Medical Payments Coverage Fire Damage Liability General Aggregate Products & Completed Operations Aggregate

Automobile Liability:

a. Bodily Injury - Each Person

Each Accident

b. Property Damage – Each Accident or

c. Combined Single Limit – Each Accident

(Bodily Injury and Property Damage)

Professional Liability Each Occurrence Aggregate

Statutory

$100,000.

$500,000.

$100,000.

$1,000,000.

$5,000.

$100,000.

$2,000,000.

$3,000,000.

§ 5.1.8 Reserved.

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§ 5.1.9 Insurance coverage and surety bond required under this Agreement shall be written with insurance and surety carriers authorized to do business in the State of Michigan. Insurance coverage and surety bonds shall be in a form and provided by an insurer acceptable to the Owner with an A.M. Best rating of A, XII or better.

§ 5.1.10 The Contractor shall furnish payment and performance bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor’s usual source, and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to one hundred percent (100%) of the Contract Sum. The Contractor shall deliver the required bonds to the Owner at least three (3) days before the commencement of any Work at the Project site. As the Work is for the benefit of public property, neither the Contractor, Subcontractors, Sub- Subcontractors, nor suppliers shall record any notices of commencement, notices of furnishing, or any other document under the Construction Lien Act arising out of the Work.

§ 5.1.11 The Contractor shall only subcontract with Subcontractors that are trustworthy, financially able, and have a track record in successfully completing trade works of similar size and complexity.

§ 5.1.12 Insurance coverages shall be written on an occurrence basis. Insurance coverages shall be maintained without interruption from the date of commencement of the Work until the date of final payment unless the Contract Documents require coverage to be maintained after final payment. The Contractor’s completed operations coverage shall be maintained until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. The Contractor shall promptly notify the Owner if any disruption in coverage occurs.

§ 5.2 NOT USED

§ 5.3 The Contractor shall obtain an endorsement to its Commercial General Liability insurance policy to provide coverage for the Contractor’s obligations under Section 8.12.

§ 5.4 Prior to commencement of the Work, the Contractor shall provide certificates of insurance showing their respective coverages. The Owner may require additional proof of coverage in the form of a true and accurate copy of the polices of insurance. The maintenance of the insurance in strict compliance with the requirement of this Agreement shall be a condition precedent to Owner’s Obligation to make any payment under this Agreement.

§ 5.5 NOT USED

§ 5.6 The Contractor and each member of the construction team shall be solely responsible for insuring against any loss or damage to all owned, borrowed or rented property, including but not limited to tools, materials, supplies, equipment, forms, scaffolding, towers, staging, bunkhouses and other temporary structures including their contents, which do not form a permanent part of the Project. The Owner shall in no event be liable for any loss or damage to any of the aforementioned items, or the Work connected with the Contractor, or employees, agents or servants of same, which is not to be included in and remain a permanent part of the Project.

ARTICLE 6 GENERAL PROVISIONS

§ 6.1 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10.

§ 6.2 The Work The term "Work" consists of all goods and services, such as labor, transportation, materials, tools, and equipment (i) to be incorporated into the Project (or the Contractor’s portion of the Project if the Contractor is not responsible for the entire Project), (ii) required of the Contractor under the Contract Documents, or (iii) necessary or appropriate to fully construct, affix, operate, and maintain the Project (or the Contractor’s portion of the Project if the Contractor is not responsible for the entire Project). The Work shall be performed in accordance with the Contract Documents. The Work may constitute the whole or a part of the Project. The term "Work" also shall include labor, materials, equipment and services provided or to be provided by Subcontractors, Sub-Subcontractors, material suppliers, or any other entity for which the Contractor is responsible pursuant to the Contract Documents.

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§ 6.3 Intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

§ 6.4 Consent, Approved, Satisfactory, Proper, and As Directed The words "consent," "approved," "satisfactory," "proper," "as directed," any derivatives of them, or similar terms, mean written approval by the Owner. Except where a different standard is specifically established, the Owner has the right to grant or withhold such approval in its sole discretion.

§ 6.5 Provide The word "provide" and any derivatives thereof, and similar terms, mean to properly fabricate, complete, transport, deliver, install, erect, construct, test, and furnish all labor, materials, equipment, apparatus, appurtenances, and all items and expenses necessary to properly complete in place, ready for operation or use under the terms of the Contract Documents.

§ 6.6 Knowledge The terms "known," "knowledge," "recognize," "believe," and "discover," and any derivatives thereof and similar terms, when used in reference to the Contractor, shall mean that which the Contractor knows or should reasonably know, recognizes or should reasonably recognize, believes or should reasonably believe, and discovers or should reasonably discover in exercising the care, skill, and diligence required of the Contractor by the Agreement. The expression "reasonably inferable" and similar terms mean reasonably inferable by a Contractor familiar with the Work and exercising the care, skill and diligence required of the Contractor by the Agreement.

§ 6.7 Including The word "including" shall not be a word of limitation, but instead shall be construed as introducing one or more nonexclusive examples.

§ 6.8 Abbreviations Words or abbreviations that are not defined but have well-known technical, trade, or construction industry meanings, shall have those meanings ascribed to them. The singular shall include the plural and vice versa. Pronouns are interchangeable. The word "person" includes human beings and recognized legal entities. Unless the context clearly requires otherwise, reference to a Section shall include all subsections beneath it bearing identical introductory numbers.

§ 6.9 Ownership and Use of Drawings, Specifications and Other Documents All plans, drawings, specifications, computations, sketches, data, surveys, models, photographs, renderings, and other like materials relating to the services ("Documents") shall become the property of the Owner at the conclusion of the project, or termination of the services of the Contractor, whichever is earlier, and shall be delivered to the Owner clearly marked and identified in good order. The Owner may use the Documents in connection with the Project, including maintenance, repair, or expansion of the Project or as a reference for other projects, but the Contractor shall incur no liability for the Owner’s use of the Documents other than in connection with the Project, and the Owner hereby releases the Contractor from any loss or damage, including attorneys’ fees, incurred solely as a result of Owner’s use of the Documents other than in connection with the Project, or as a reference for other projects, if and only if the Contractor is not involved in such use.

§ 6.10 Access and Cooperation §6.10.1 The Owner shall cooperate with the Contractor and shall provide the Contractor reasonable access to the premises for the performance of the Contractor’s Work and duties under this Agreement. Owner shall not intentionally interfere with the Work of the Contractor or any of its subcontractors.

§6.10.2 Contractor shall provide the Owner with written notice of critical dates when Owner-supplied materials and equipment are to be on the job site when Contractor is to install such materials and equipment. The Owner shall provide such materials on the job site by such dates. The Owner is responsible for the condition, performance, and warranty of Owner supplied materials. The Contractor shall be responsible for properly installing such materials and equipment in accordance with the manufacturer’s specifications. The Contractor shall be responsible for the condition, performance and warranty of the materials and equipment if the Contractor damages or improperly installs such materials and equipment.

AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 17:01:50 ET on 02/03/2022 under Order No.8750023068 which expires on 09/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To

§6.10.3 If the Contractor will require use of the Owner’s utilities during construction, the Owner shall bear the cost of utilities.

The Contractor shall exercise reasonable care to protect such utility services and shall bear full responsibility for damages caused by the Contractor’s acts or omissions.

§6.10.4 The Contractor will place construction safety signs at the Project to provide identification for resident and occupant safety, deliveries, and subcontractors. The signs will meet OSHA and MIOSHA, or other agency’s, requirements and shall be removed upon completion and the Owner taking occupancy of the Project.

§6.11 Deliveries. Contractor shall protect and secure materials and equipment delivered to and stored at the Project site and completed work from theft, vandalism, fire, etc. Contractor shall carry insurance for loss due to Contractor’s failure to protect and secure materials, equipment, and completed work on the job site or due to Contractor’s acts or omissions.

§6.12 Subcontractors. Contractor may employ trade specialists, laborers, vendors, and other forces (Subcontractors) to perform various aspects of the Work. The Contractor shall, at all times, be fully responsible for the Work and conduct of its Subcontractors.

§6.12.1 By written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound. Subcontracts shall include the following sentence: "Owner is an intended third-party beneficiary of this Subcontract." Sub-Subcontracts and Supply Contracts shall be subject to identical conditions, except: (i) suppliers that are not performing any Work on the Project Site are not subject to the insurance requirements described in Article 5; and (ii) Subcontractors and Sub-Subcontractors may satisfy the insurance requirements described in Article 5 by being named as an additional insured under the Contractor’s insurance policies or, in the case of a Sub-Subcontractor, by being named as an additional insured under a Subcontractor’s insurance policies.

§ 6.12.2 Upon request, the Contractor shall deliver a copy of any Subcontract, Sub-Subcontract or Supply Contract to the Owner.

ARTICLE 7 OWNER

§ 7.1 Information and Services Required of the Owner § 7.1.1 If requested by the Contractor, the Owner shall furnish required surveys and a legal description of the site.

§ 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor under the Contract Documents, the Owner shall obtain and pay for other necessary approvals, easements, assessments, and charges.

§ 7.1.3 NOT USED

§ 7.2 Owner’s Right to Stop the Work If the…