Residential Roof Replacement Bid #24-1108.pdf

ADVERTISEMENT

CITY OF BAY CITY

SEALED BID REQUEST

RESIDENTIAL ROOF REPLACEMENT BID #24-1108

Bids must be received in the Purchasing Department prior to 2:00 p.m. on the bid due date. All bids received after 2:00 p.m. on the bid due date will be returned to the bidder unopened.

Bids Due: Wednesday, November 08, 2023

Mark Sealed Bid Envelope: Residential Roof Replacement Bid #24-1108

The City of Bay City is soliciting sealed proposals for: Residential Roof Replacement Bid #24-1108

To obtain an official copy of the bidding documents, please visit www.BidNetDirect.com or the Purchasing office located at City Hall, 301 Washington Avenue, Room 304, Bay City, MI.

Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system or their emails for any Addendums that may have been issued.

Sealed proposals will be received by the City of Bay City at the Purchasing Department, City Hall, 301 Washington Avenue, Room 304, Bay City, MI, until 2:00 p.m. on Wednesday, November 08, All bids will be publicly opened and read aloud at 2:00 p.m. on Wednesday, November 08, 2023, for the Residential Roof Replacement Bid #24-1108 all in accordance with the Bidding Documents, and as otherwise set forth herein.

The City of Bay City has absolutely reserved the right and prerogative to reject any or all bids as well as to waive any irregularities and informalities. The award of the contract, if it is awarded, will be to a responsible and responsive Bidder whom the City Commission, in its sole discretion and judgment, determines will be in the best interest of the City of Bay City, and which will not exceed the funds available for the project.

NOTE: The City of Bay City does not accept sealed bids via fax or e-mail.

http://www.bidnetdirect.com/

CHECK LIST BEFORE SUBMITTING BID

YES

• Before the bid due date, it is the vendors responsibility to check the BidNet Direct bid system for any Addendums that may have been issued www.bidnetdirect.com.

The full addendum document and any other items noted as such must be returned and included with your sealed bid

• Is the Quotation Request signed by an authorized representative of your company?

• Did you submit your proposal using the Proposal Form that is part of the bidding documents?

• Did you submit the Contractor Application that is part of the bidding documents?

• If applicable, did you read the sample contract/agreement and understand that if you are awarded the contract that the contract will be finalized to include description of work, term and economic specifics of this bid. Do you also understand that the standard terms contained in the sample contract/agreement are in final form (i.e. liability, indemnity, insurance) and not subject to further negotiation.

• Are you submitting your original bid plus One (1) COPY as required?

• Is the outside of your envelope/package labeled properly including the bid number?

http://www.bidnet/

Purchasing Department QUOTATION REQUEST 301 Washington Avenue Bay City, MI 48708

Date: October 18, 2023

Sealed bids must be received at the address below NOT later than 2:00 PM Michigan Local Time, Wednesday, November 08, 2023

BIDS not complying with above will be REJECTED and returned to bidder unopened.

BIDDER:

________________________________ Prices for sealed bid must be stated on the Proposal ________________________________ Form of this bid package. If not interested or unable ________________________________ to bid, please RETURN the Statement of No Bid.

Susan Carmien Susan Carmien, CPPB, Purchasing Manager

PLEASE NOTE:

• ALL ITEMS LISTED AS “REQUIRED WITH SUBMISSION” AND “REQUIRED WITH SUBMISSION

REGARDLESS OF ANY PREVIOUS SUBMISSIONS” MUST BE IN BID PACKET AND IF ANY ARE MISSING

THE BIDDER’S BID PACKET WILL BE DEEMED NON-RESPONSIVE WITH NO EXCEPTIONS.

ITEM AND DESCRIPTION

The City of Bay City is accepting sealed bids for Residential Roof Replacement Bid #24-1108.

All sealed bids are to be received at the City of Bay City, Purchasing Department, 301 Washington Avenue, Room 304, Bay City, MI 48708 no later than 2:00 p.m. Michigan Local Time on: Wednesday, November 08, 2023.

ALL ITEMS LISTED AS REQUIRED WITH SUBMISSION MUST BE INCLUDED WITH BID PACKET

All respondents must conform to the following:

Quotation Request…………………………………………………..…………………..Required with submission

Proposal Form/Unit Price Proposal Form………………………………………………Required with submission

Specifications/Scope of Work

Addendum(s) (if issued)………………………………………………………….……...Required with submission

Contractor Application…………………………………………………………………..Required with submission

Sample Construction Contract

One original and one copy of bid……………………………………………………..Required with Submission

**Before the bid due date, it is the bidder’s responsibility to check the BidNet Direct bid system for any Addenda that may have been issued.**

Any questions regarding this bid must be submitted in writing to the Purchasing Department via e-mail no later than 3:00 p.m. one

(1) week prior to bid opening.

Susan Carmien, CPPB Purchasing Manager scarmien@baycitymi.org (989)894-8115 mailto:scarmien@baycitymi.org

If awarded the bid, and a contract is fully executed, we hereby agree to furnish and invoice above listed materials or services delivered or performed in accordance with the City of Bay City’s specifications, requirements and terms as specified herein at prices specified.

BIDDER’S BUSINESS NAME

SIGNATURE TITLE

PRINT NAME

ADDRESS

PHONE E-MAIL ADDRESS

DATE

PROPOSAL FORM

Address Roof/Emergency Qty of OSB OSB Eaves Trough Total

***101 30th St. _______________ ________ _________ /per sheet ___________ ____________ (House and garage need to be completely re-roofed)

217 State St. _______________ ________ _________ /per sheet ___________ ____________

225 N. Sheridan St. _______________ ________ _________ /per sheet ___________ ____________

300 S. Madison Ave. _______________ ________ _________ /per sheet ___________ ____________

2113 McKinley Ave. _______________ ________ _________ /per sheet ___________ ____________

GRAND TOTAL ________________

*The City of Bay City reserves the right to award the bid items individually or as a whole bid.

BIDDER MUST STATE

Bidder Name:

Address:

Phone: Email:

Signature: ____________________________________________________________________

SPECIFICATIONS/SCOPE OF WORK

**The contractor shall be responsible for building permits needed for the scope of work being performed **

**Building permit must be attached to draw paperwork upon turning it in for payment **

Homes 101 30th St. (House & Garage) *** 217 State St.

225 N. Sheridan St.

300 S. Madison Ave.

2113 McKinley Ave.

Roof / Emergency Roof

• House to be completely re-roofed.

• Garage to be completely re-roofed. Remove chimney to below the roof decking on the garage ***

• Remove existing roof down to existing decking.

• Remove any existing damaged decking boards exposed to weather in overhang before installing new 7/16” OSB, matching as best as possible as this will be open / exposed.

• Install aluminum role flashing down all valleys with a min of 18” wide flashing. To be nailed at the edge and covered with Ice and water shield. This applies to all valleys.

• Install ice & water shield at all exposed eve locations, extending a minimum of 24” inside the exterior wall plane.

• Cover sheathing with 15# roofer’s felt or approved synthetic membrane.

• Install dimensional asphalt shingles having a minimum 30-year manufacturer’s warranty. Color selected by Homeowner from available stock samples. Any section of roof with a pitch under 4 in 12 shall be roofed with base of ice and water barrier than shingled, and any roof with pitch under 2 in 12 shall be roofed with black EPDM Membrane roofing.

• Provide venting sufficient to meet building code requirements without cutting into siding. Use of continuous ridge vent is strongly recommended. Use of can vents only where ridge vent cannot vent attic properly.

• If existing wood soffits are not drilled, drill ADEQUATE ventilation holes in soffits for venting roof system. Install round snap in vent covers to all holes drilled in soffit for venting roof system. If soffits are packed with insulation or solid aluminum soffits, then install gable vents in place of puck soffit vents. Roof must have ADEQUATE ventilation to prevent damage. Existing gable vents to be closed off either from inside or on the outside with aluminum to match color of house.

• Some fascia boards may need to be replaced; give yourself an allowance to replace up to 15’. Any more than that and you will need a contract change order.

• At points where the roof intersects with vertical surfaces, flash with appropriate metal flashing and counter flashing.

• Replace flashing boots around vent pipes with new ones.

• Thoroughly seal around any electrical mast or other roof penetrations.

• All materials shall be installed in conformance to manufacturer’s instructions. As to not void the warranty.

• Provide dumpster or trailer on site if required, for debris disposal (location to be determined).

• Trim all tree branches that will interfere with the roofing that needs to be done.

• Thoroughly clean and remove all nails from the yard.

O.S.B

• Install new 7/16 OSB sheathing or 1/2” CDX over existing decking with ends centered on rafters. Nailed with 8d spiral or ring shank nails. Install aluminum wide flange drip edge at all edges of roof perimeter.

• All roofs are bid with complete OSB or plywood. If roof does not need sheeting, a contract change order will be completed to remove the cost of OSB/Plywood from the contract price.

• Contractor must call project manager for sheeting inspection.

Eaves Trough

• Remove and discard existing eaves trough and install seamless new K5” gutters at all eaves. Include all downspouts, ells, extensions, hangers, and other items required to complete this job. Do not install hangers over shingles. Gutters to hang plum and in position to catch the water as it comes off the roof. Straps with angle blocks must be used if fascia not plumb. Do not allow water to drain onto any portion of the structure, including but not limited to other portions of the roof.

• Downspouts to drain away from house. If underground drain tile draining into house tile/ drain system currently used terminate and seal tight to weather.

• Provide a splash block at each point of discharge at least 5ft away from house.

• Homeowner to select color from available stock samples.

Clean Up & Clearance Testing

After all work is complete, perform a clean-up of the entire house, or of designated containment areas, after which a final clearance test will be performed. The house must pass this clearance before final payment will be issued. If clearance fails, Contractor to be responsible to re-clean and conduct further clearance testing at no additional cost to Homeowner or Community Home Solutions.

General Notes:

1) Work is to be completed in accordance with the 2003 Michigan Residential Code. It is the responsibility of the successful bidder to ensure compliance with code requirements to the satisfaction of building officials. Contractor shall secure any permits required. Payment for any work is dependent upon passing all required inspections and issuance of a Certificate of Occupancy. Final payment is dependent upon receipt of all copies of approved final inspections.

2) All materials installed shall be new and free from defects.

3) Painting: All bare and primed surfaces, except treated lumber and to be finished.

Prime bare surfaces with the appropriate latex primer. Paint primed surfaces with two coats of white latex enamel, the first coat flat, the topcoat flat on drywall, semi-gloss on wood trim, and gloss on steel doors. Use exterior grade on steel entrance doors and any other surfaces exposed to the weather.

Staining / Varnishing: Handrails may be varnished or stained and varnished, provided the stock is of stain grade (clear) material. Other trim may be stained and varnished, provided it of suitable material, and in character with surrounding materials in the room. If flush wood interior doors are supplied in lieu of primed hardboard, staining is acceptable, if in character with surrounding finishes. Change Orders / Extras will not be allowed for this, so it must be included in the original bid.

4) All material and debris removed from the building by the general contractor becomes the property of the general contractor and shall be disposed of in a proper manner. Any and all materials and debris removed or disturbed by the subcontractors becomes the property of the subcontractor and must be disposed of in a proper manner. Any area disturbed by the subcontractor must be left as clean or cleaner than area prior to starting work. Remove all such materials on a daily basis or provide a dumpster on site. Contractor is responsible to keep the premises and surrounding property free from construction debris, scrap lumber, sawdust, packaging materials, loose nails, and all waste materials. Existing materials to be removed may contain lead-based paint hazards. Removal of these materials must comply with lead-based paint hazard reduction and lead based paint abatement procedures.

5) All workmanship shall conform to the quality demanded by standard industry practice, as stipulated in the publication Residential Construction Performance Guidelines for Professional Builders and Remodelers, Second Edition, National Association of Home Builders, 2000.

6) Room and Area identifiers referenced herein are as shown in the Lead Paint Risk Assessment & Inspection Report prepared for this address.

7) It is the responsibility of the general contractor to control with reasonable expectation all cost of utilities while building under control of general contractor. If utilities exceed normal/average costs it will be the general contractor’s responsibility to cover these additional costs.

There will be no other work completed as part of this project. If owner and contractor wish to do work that is not specifically listed in this write up it will be done after these items are completed, photographs are taken, and a final inspection is filled out and returned to the Redevelopment office. Any violation of this regulation will result in the projects dismissal from the Neighborhood Preservation Program.

CONTRACTOR APPLICATION

Business Name:

Business Address

Business Phone: Business Email:

Contact Person:

Title:

Phone: Email:

Form of Business: ☐ LLC ☐ Partnership ☐ Proprietor ☐ Other: _______________________

Federal Tax ID Number:

Are you a General Contractor? (You handle all phases of work) ☐ Yes ☐ No

If not, list the area of expertise.

Date of Organization, Years in Business:

List names and office of corporate officers, Partners (General Partner only, if a limited General Partnership), or Proprietor:

Name, address, phone number of four (4) recent RESIDENTIAL clients, and a brief description of work performed:

1.

2.

3.

4.

Contractor Application Continued…

Supplier credit references:

Supplier Name: Supplier Name

Address: Address:

Phone: Phone:

# of years with this account: # of years with this account:

Supplier Name: Supplier Name

Address: Address:

Phone: Phone:

# of years with this account: # of years with this account:

Include with this submission (Submittals):

☐ Articles of Incorporation ☐ Partnership Agreement, or DBA, as applicable.

☐ Michigan Builder’s or Remodeler’s License ☐ Required Insurances – Requirements attached.

I certify that all information presented in or with this application is true and accurate. I hereby grant permission to the City of Bay City to certify this information. False or inaccurate information is cause for denial of acceptance to, or future removal from the program.

Signature: Date:

CONTRACTOR INSURANCE REQUIREMENTS

☐ Furnish evidence of the following coverages and limits:

Workers’ Compensation insurance including Employers Liability to cover employee injuries or disease compensable under the Workers’ Compensation Statutes of Michigan, or federal compensation acts, if applicable. Self-insurance plans approved by the regulatory authorities in Michigan are acceptable.

☐ Comprehensive General Liability:

A Comprehensive General Liability policy in the amount of $500,000 for injuries including accidental death to any one person, and $1,000,000 for injuries including accidental death, resulting from one accident; property damage in the amount of, not less than, $500,000 per accident and the same amount in the aggregate, including the following exposures:

A. All premises and operations;

B. Explosion, collapse and underground damage (whenever work under the Bid involves such hazard);

C. Contractor’s Protective coverage for independent contractors or subcontractors employed by him;

D. Contractual Liability for the obligations assumed in the Indemnifications or hold harmless agreement found in the Contract;

E. Personal injury Liability endorsement with no exclusions pertaining to employment; and F. Products and Completed Operations coverage. This coverage shall extend through the contract guarantee period.

☐ The City of Bay City shall be named as an additional insured as follows:

It is understood and agreed that the following shall be additional insured: The City of Bay City, Michigan, and its Elected and Appointed Officials, All Employees and Volunteers, all Boards and Commissions and/or authorized their Board Members, Employees and Volunteers.

As it relates to the work and obligations set forth in the contract, this coverage shall be primary to the additional insureds, and not contributing with any other insurance or similar protection available to the additional insureds, whether the other available coverage be primary, contributing or excess.

Attach Endorsement of Additional Insured must be submitted with application. Sample is attached.

☐ Comprehensive Automobile/Vehicle Liability:

A Comprehensive Automobile Liability policy to cover bodily injury and property damage arising out of the operation, ownership, maintenance or use of any motor vehicle, including owned, non-owned and hired vehicles. The Comprehensive Auto Liable shall be written in the minimum amounts of $500,000 for injuries including accidental death to any one person and $100,000 for injuries including death resulting from any one accident. This policy must also provide $500,000 property damage coverage.

CONSTRUCTION CONTRACT

THIS AGREEMENT dated 2023, by and between, hereinafter referred to as the (Contractor) and hereinafter referred to as the (Owner) for repairs to the residential property described as .

PROJECT DETAILS: .

Project Total: $ .

WHEREAS, The City of Bay City has established the Emergency Repair Program, which administers Community Development Block Grant (CDBG) funds and guidelines, including the homeowner qualification and contractor selection processes; and

WHEREAS the Homeowner is a qualified participant in the Emergency Repair Program;

and

WHEREAS Contractor has been selected to perform the work described in this Agreement's incorporated bid specifications; and

WHEREAS it is necessary for the Homeowner and Contractor to enter into an agreement, which defines the scope of their relationship and their relationship to The City of Bay City as well as their respective responsibilities in this endeavor; it is

THEREFORE, in consideration of the promises and covenants of each other, the parties hereto agree as follows:

1. ADMINISTRATOR

The City of Bay City (Administrator) will be the intermediary between the Homeowner and the Contractor in order to administer the Emergency Repair Program. The Administrator will assist the parties in completing the work to be performed under this Agreement/Project. The Administrator may employ and/or utilize one or more persons to serve as agents in administering the program. The Administrator is not a party to this Agreement.

2. HOLD HARMLESS

It is understood by the Owner and Contractor that the City of Bay City, through its Emergency Repair Program, acts only as a coordinator between parties and holder of funds pending the completion of the Contract. Upon acceptance of the Specifications and approval thereof by the Emergency Repair Program this Contract shall become mutually binding upon the Owner and Contractor. All parties hereby agree to hold the City of Bay City and all Emergency Repair Program harmless for any and all damages resulting from this Contract.

3. SCOPE OF WORK

The specifications for the work to be completed at the above address are included as Attachment A and are incorporated into this agreement and made a part of the agreement for the purpose of setting forth the work to be performed under this agreement.

4. MATERIAL, LABOR AND APPLIANCES

Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools and equipment necessary for the completion of the work. The Owner will permit the Contractor, at no cost, to use existing utilities such as light, heat, power and water necessary to carry out and complete the work.

Contractor agrees to indemnify and hold harmless Owner from and against all claims, damages, losses and expenses, including reasonable attorney fees in case it shall be necessary to file an action, arising out of performance of the work herein.

5. INSURANCE AND GOOD STANDING

All General Contractors and Subcontractors are required to carry full Workman's Compensation Insurance, as provided for in the Workman's Compensation Act of the State of Michigan, in the amount required by statue. In addition, the Contractor shall maintain Comprehensive Public Liability Insurance Coverage protecting the Owner, for not less than $1,000,000.00 in the event of bodily injury, including death, and $500,000.00 in the event of property damage arising out of work perform by the Contractor, Automotive Liability - owned, hired or non-owned for not less than $1,000,000.00 and furnish evidence of said insurance. The contractor warrants and represents that he is of good reputation, and is financially sound, qualified and licensed and has adequate resources to perform the work in the specifications attached hereto as Exhibit "A". The Contractor further warrants and represents that he is not subject to administrative disbarment by the U.S. Department of Housing and Urban Development of the State of Michigan or County of Bay.

6. CODE, PERMITS AND REGULATIONS

The Contractor shall obtain and pay for all permits and licenses and shall give all notices, pay all fees and comply with all laws, ordinances rules and regulations of the City of Bay City and any law or regulation of the State of Michigan or any of its agencies, required for the performance, completion and execution of the work and labor to be performed. If the work of any of the contractors shall be done contrary to such laws, ordinances, rules and regulation, and/or required notice, he shall bear all costs arising therefrom. The

Contractor assumes responsibility for knowing the content and applying the same as applicable.

7. PROTECTION OF WORK AND PROPERTY

The Contractor shall continuously maintain adequate protection for all his work from damage and shall protect the Owner's adjacent property from injury arising in connection with the Contract. Homeowner is required to pack away all personal property and protect it from damage. He shall make good any such damage or injury. Furthermore, it shall be the responsibility of the Contractor to remove from the premises any and all debris or refuse resulting from this Contract, leaving the same in a neat and orderly condition.

Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor, unless otherwise agreed upon in writing and signed by the contracting parties.

8. ASSIGNMENT OF CONTRACT

Contractor may not assign the Contract without first obtaining written approval of the proposed assignee from the City of Bay City, Emergency Repair Program, and Community Development Inspector must include evidence that the proposed assignee qualifies under all requirements of this Contract and must be addressed to the City of Bay City, Housing Rehabilitation, City Hall, 301 Washington Avenue, Bay City, Michigan 48708. Upon approval of the proposed assignee by the City of Bay City, Contractor must obtain written consent of assignment from and signed by the Owner and must furnish a copy of such consent to the City of Bay City, Community Development, City Hall, 301 Washington Avenue, Bay City, Michigan 48708.

9. RESPONSIBILITY OF CONTRACTORS AND SUBCONTRACTORS

Each Contractor will be held responsible for the execution of a satisfactory and complete piece of work in accordance with the true intent of the work specifications. All measurements in the work specifications are approximate and are meant only as a bidding aid; exact measurements are the responsibility of the Contractor. There will be no other work done at this address from the start of this job, until completion of the work specified in the bid specifications. Contractor shall provide without charge all incidental items required as part of his work, even though not particularly specified or indicated, and if he has good reason for objecting to the use of any material, appliance or methods of construction as shown or specified, he shall submit a written proposal describing the changes or substitutions to the original work specifications to the Owner and obtain consent from the Owners before this contract is made. Any such changes or substitutions shall be attached to and become part of this Contract.

10. NONDISCRIMINATION

Each Contractor must abide by Federal and Local regulations pertaining to equal employment as set forth by title VII of the Civil Rights Act of 1994 and by Executive Order 11246.

11. GUARANTEES AND WARRANTIES

The final payment shall not become due until the Contractor furnishes the Rehabilitation Specialist, City of Bay City Emergency Repair Program with all manufacturer's suppliers' written guarantees and warranties covering materials and equipment furnished under the Contract. The Contractor guarantees the work performed for a period of (18) months from the final acceptance of all the work required by the Contract.

12. LIENS AND INSPECTION

The final payment of the Contract amount will be made only after final inspection acceptance of all the work performed by the Contractor and the Contractor has furnished the Community Development Inspector, City of Bay City Emergency Repair Program, satisfactory release of liens or claims for liens by the Contractor, subcontractor, laborers, and material suppliers. The City of Bay City, or it's designee must be permitted to examine and inspect the rehabilitation work at any time for monitoring purposes.

13. ORDERS AND COOPERATION FROM OWNER

The owner, under normal conditions, will not direct or give orders to the mechanics of the job. The General Contractor will give any orders that the Owner wants carried out. The Owner will cooperate with the Contractor to facilitate the performance of the work, including the removal and replacement of rugs, covering of furniture as necessary and the removal of personal property from the work area. The premises are to be occupied during the course of the construction work.

14. TIME LIMITS

The Contractor must commence work within ( ) days after the Contract has been signed by all parties concerned and the issuance of a Proceed to Work Order by the Rehabilitation Specialist, and satisfactorily complete the work within thirty (30) days from the date of said Order. The Contractor may request an extension of the contract by submitting the reasons for such in writing to the Community Development Inspector ten (10) days prior to the scheduled completion date. If the extension is not approved, the Contractor must satisfy the contract within ten (10) working days of the denial.

If the work is not completed by the scheduled, or extended completion date, the Contractor shall be held in violation of this document and shall forfeit his rights to the full contract price. The Owner, with the approval of the Community Development Inspector, may then select a second contractor to complete the work. It is agreed that the amount of payment to which the original Contractor will be entitled will be determined, at the time of final completion of the entire work, by subcontracting the costs for repair damage caused by the first Contractor which they have not made good and costs to correct work by the first Contract that is below the standards required by this Contract which he has not made good.

15. PAYMENT OF CONTRACT/ COMPENSATION

The Contractor will be paid the contract price in one lump sum amount within twenty (20) days after all the following conditions are met:

a. After the work is satisfactorily completed to the satisfaction of the Owner, evidence of the same shall be by the execution of the "Property Owners Completion Statement" by the Owner stating that the work has been satisfactorily completed, and payment to the Contractor is approved; said statement forms shall be available during regular business hours at the office of the Community Development Inspectorfor the Owner to sign; and

b. After all building permits are finalized and all requirements thereunder are fully completed, all said permits must receive and pass final inspection of the City of Bay City Building Department, and final approval shall be deemed to mean final approval without any exception(s); and

c. After the Community Development Inspector has inspected the rehabilitation property, received the Contractor's invoice including any revisions or adjustments to the original contract amount, a signed Contractor's Sworn Statement along with release of all liens or claims for lien on forms deemed suitable by the Program for all subcontractors, laborers, and material(s) provided and furnished at the job site, i.e., subject property, and copies of building permits issued for all trades, all completed to the satisfaction of the said Community Development Inspector.

The Contractor expressly agrees and understands that it is the Contractor's obligation to fulfill all of the above conditions, and failure to comply with any one, any part thereof, or all, shall give the city of Community Development Inspector, the City of Bay City Emergency Repair Program, the city of Bay City, its agents and servants the right to withhold payment in part or in total of all sums that may be due to the contractor until all aforesaid conditions are fully complied with by the Contractor.

16. PROGRESS PAYMENTS

If the Contract is of sufficient size to warrant progress payments, payments shall not exceed 75 percent of the value of the work satisfactorily completed. Contractor agrees to furnish the necessary waiver of lien from suppliers, subcontractors, and contractor as a condition to receiving each respective progress payment.

(VOID – Not applicable for the project)

17. FINAL INSPECTION

It is the responsibility of the Contractor to contact the Building Department Office for final inspection when work is completed and ready for final inspection and with at least 48 hours prior notice.

It is the responsibility of the Contractor to contact the Community Development Inspector for final inspections and to obtain the final completion report.

Each Contractor shall be responsible for having work completed at the time the final inspection is made.

18. CONSULTATION

Prior to the beginning of each job, the Community Development Inspector shall have a preconstruction conference/meeting with the Contractor.

19. TERMINATION OF CONTRACTOR

In case the Contractor fails to furnish material or execute work in accordance with the provisions of their Contract, or fails to proceed with or complete the work within the time limit specified in this Contract, or if the provisions of the contract are otherwise violated by the Contractor, then in any upon ten (10) days written notice to the Contractor, the Owner, in conjunction with the City of Bay City; shall have the right to declare Contractor in default in the performance of his obligations under the Contract within ten (10) days after service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Contractor, by written notice, may be declared in default and his right to proceed under the contract terminated.

In the event the Contractor is thus declared to be in default, the Owner, in conjunction with the City of Bay, will proceed to have the work completed by selecting a second contractor to complete the work. It is agreed that the amount of payment to which the original Contractor will be entitled will be determined at the time of final completion of the entire work, by subcontracting the costs of the second contract from the price of this Contract. The costs of the second contract shall include reasonable costs to repair damage caused by the first Contractor, which he has not made good, and costs to correct work by the first Contractor that is below the standards required by this contract, which he has not made good.

20. DISPUTE RESOLUTION

If a dispute arises between Contractor and/or Homeowner, the parties hereby agree to make a good faith, reasonable effort to resolve any problems.

If an impasse is reached between the parties during the project, a party may request, in writing to the Administrator, the use of the following resolution procedure:

(1) The Bay City Community Development Director will be contacted and act as the intermediary of the dispute;

(2) If the Community Development Director is unable to effectuate a resolution, the Review Committee shall mediate the dispute within a reasonable period of time.

21. CHANGE OF WORK ORDER

If additional work is required and/or adjustments are made (e.g., type of work, location, materials, etc.) thus altering the terms of the original specifications and Construction Contract, it will be mandatory that the contractor contact the Community Development Inspector and that a Change of Work Order be issued. The Change of Work Order will document all adjustments to the original contract, including additional costs and shall be signed by the Owner, Contractor and Community Development Inspector for all loan contracts.

The Homeowner and Contractor agree that they have read the and understand the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto affix their signature:

FOR THE HOMEOWNER

Homeowner Homeowner

STATE OF MICHIGAN )

) SS

COUNTY OF BAY )

The above named parties appeared before me day of , and signed this contract in my presence by his own free will, act and deed.

Amy MacDonald, Notary Public Bay County, Michigan My commission expires:

FOR THE CONTRACTOR

Contractor Contractor

STATE OF MICHIGAN )

) SS

COUNTY OF BAY )

The above named parties appeared before me day of , and signed this contract in my presence by his own free will, act and deed.

Amy MacDonald, Notary Public Bay County, Michigan My commission expires:

APPENDIX A