Invitation To Bid. for

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1 Charter Township of Canton Invitation To Bid for PARKING LOT RECONSTRUCTION PUBLIC WORKS BUILDING Contact: Brad Lear Phone: (734) Date Issued: November 1, 2018 Due Date & Time: 3:00 p.m., Thursday, November 15, 2018

2 The deadline established for the receipt of your sealed bid is 11/15/2018 at 3:00 p.m. The bid is to be submitted to the Clerk s Office, 1150 S. Canton Center Road, Canton, Michigan Address the bid to: Canton - Clerk s Office PARKING LOT RECONSTRUCTION PUBLIC WORKS BUILDING DUE: 11/15/2018 at 3:00 p.m Canton Center S Canton, MI GENERAL REQUIREMENTS & INSTRUCTIONS 1. SUBMISSION OF OFFERS: All offers should be submitted in a sealed envelope or package. The invitation title, opening date and time, company name, address and telephone number shall be clearly displayed on the outside of the sealed envelope or package. The delivery of responses to the Clerk s Office prior to the specified date and time is solely and strictly the responsibility of the offeror. Any submittal received in the Clerk s Office after the specified date and time will not be considered. Responses shall be submitted on the forms provided by Canton. Additional information may be attached to the submittal. Facsimile submissions are NOT acceptable. No offer may be modified after acceptance. No offer may be withdrawn after opening for a period of sixty days unless otherwise specified. Bid must include all costs. All offers must include the original and at least two (2) copies. 2. EXECUTION OF OFFER: Offer shall contain a manual signature in the space(s) provided of a representative authorized to legally bind the offeror to the provisions therein. 3. EXECUTION OF ACCEPTANCE: Canton Township legally recognizes acceptance of formal offer when a written contract is signed by both parties. Offerer is not to assume that the Canton Board of Trustees resolution approving the bid or proposal is a binding contract. 4. OPENING & RECORDING: Opening shall be public in the Clerk s Office immediately following the advertised deadline date and time for receipt of submittals. 5. INTEGRITY: Canton Township does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. 6. TABULATION: Bid results will be posted on the Township s website at Please click on Doing Business, Bids & Proposals. 7. BOARD AWARDS: As the best interest of Canton may require, Canton reserves the right to make award(s) by an individual item, group of items, all or none, or a combination thereof; on a geographical basis and/or on a countrywide basis with one or more supplier(s) or provider(s); to reject any and all offers or waive any irregularity or technicality in offers received. Offerors are cautioned to make no assumptions. Any or all awards made as a result of this invitation shall conform to applicable ordinances and policies of Canton Township. Bid awards will be posted on the Township s website at 8. BRAND NAME OR EQUAL: If items requested by this invitation have been identified in the specifications by a brand name OR EQUAL description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Offers proposing equal products will be considered for award if such products are clearly identified in the offer and are determined by Canton to meet fully the salient characteristic requirements listed in the specifications.

3 9. PRICING: Unless otherwise specified prices offered shall remain firm through project completion; all pricing of goods shall include FOB Canton Township, all packing, handling, shipping charges and delivery to any point(s) within Canton to a secure area or inside delivery. 10. PAYMENT TERMS: Canton Township will remit full payment on all undisputed invoices within thirty (30) days from receipt by the appropriate person(s) of the invoice or receipt of all products or services ordered. 11. INCURRED EXPENSE: This invitation does not commit Canton to make an award nor shall Canton be responsible for any cost or expense which may be incurred by any respondent in preparing and submitting a reply, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement. 12. QUESTIONS/ ADDENDA: Any questions concerning the conditions or specifications shall be directed to the designated contact person. Addenda items will be posted on the township website, on the Purchasing Division page under Requests for Bids, Proposals and Qualifications. It is the bidder s responsibility to check and verify that addenda have been issued. Failure to acknowledge addenda may result in the offer not being considered. 13. CLARIFICATION/CORRECTION OF ENTRY: Canton reserves the right to allow for the clarification of questionable entries and the correction of OBVIOUS MISTAKES. 14. INSURANCE: The successful bidder is required to furnish evidence of the following insurance requirements in accordance with Canton s Risk Management Policy O:02. Work may not commence until the Certificates of Insurance have been received. The coverage requirements are as follows: Workers Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable statutes of the State of Michigan. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an Occurrence Basis with limits of liability not less than $1,000,000 per occurrence and aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent. Motor Vehicle Liability: The Contractor, or its subcontractors, shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault Coverage, with limits of liability not less than $1,000,000 per occurrence combined single limit, Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. Additional Insured: Commercial General Liability Insurance as described above, shall include an endorsement stating that the following shall be Additional Insured: The Charter Township of Canton, all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof.

4 Cancellation Notice: The Insurance coverage described above, shall include an endorsement stating the following: It is understood and agreed that Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: Charter Township of Canton, Mike Sheppard, 1150 Canton Center S., Canton MI, Proof of Insurance Coverage: The contractor shall provide the Charter Township of Canton, at the time that the contracts are returned by him/her for execution, a Certificate of Insurance as well as the required endorsements. In lieu of required endorsements, if applicable, a copy of the policy sections where coverage is provided for additional insured and cancellation notice would be acceptable. Copies or certified copies of all policies mentioned above shall be furnished, if so requested. If any of the above coverages expire during the term of this contract, the contractor shall deliver renewal certificates and endorsements to the Charter Township of Canton at least ten (10) days prior to the expiration date. Indemnification: To the fullest extent permitted by law, the (name of contractor) agrees to defend, pay on behalf of, indemnify, and hold harmless the Charter Township of Canton, its elected and appointed officials, employees and volunteers, and others working on behalf of the Charter Township of Canton against any and all claims, demands, suits, or loss, including all costs connected therewith, and for any damages which may be asserted, claimed, or recovered against or from the Charter Township of by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this agreement. 15. PUBLIC ACT 517 OF 2012: In accordance with Public Act 517 of the Public Acts of 2012, any Iran linked business is not eligible to submit a bid on a request for proposal with a public entity in Michigan. An Iran linked business includes the following: (1) A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tanker or products used to construct or maintain pipelines used to transport oil or liquefied gas for the energy section of Iran; and (2) A financial institution that extends credit to another person, if that person will use the credit to engage in investment activities in the energy sector of Iran. For purposes of this prohibition, person includes an individual, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization or group. It also includes a governmental entity or instrumentality of a governmental entity, or any successor, subunit, parent company or subsidiary of, or company under common ownership or control with and of the foregoing.

5 REQUIREMENTS SPECIFICATIONS Canton Township Parking Lot Reconstruction Public Works Building 1. The Contractor shall be duly licensed by the appropriate authorities to perform this work. 2. Insurance shall be in accordance with the Charter Township of Canton insurance requirements. 3. The Contractor must provide references for similar jobs (refer to Contractor Information Sheet). 4. The signed contract is not assignable or transferable to any other company without approval of the Charter Township of Canton. 5. The Contractor will conform to all applicable Federal, State and local laws. INSTRUCTIONS TO BIDDERS The names and legal status of the Bidder, that is, as a corporation, partnership or individual, shall be stated in the Bid and legal documentation of the status of the company, such as corporate papers or partnership papers shall be provided, if requested by the Charter Township of Canton. Anyone signing a Bid as an agent of another or others must submit with the Bid legal evidence of his/her authority to do so. The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state, must be given after his signature. Any questions regarding the material contained in this Request for Bid, please contact Brad Lear at (734) or brad.lear@canton-mi.org. Amendments will be issued for clarification on the Township website should the Township deem it necessary to do so. CONTRACTOR QUALIFICATIONS It is the intention of Canton Township to award this Contract to a Contractor fully capable, both financially and with applicable experience, to perform and complete the work in a satisfactory manner. The Contractor shall be duly licensed by the appropriate authorities to handle the specified work. Documentation to verify such license must accompany the bid. The Contractor shall at all times utilize staff at appropriate times and in a proper manner to assure the project work is performed in a safe, efficient and professional manner. All work shall be performed in a profession and competent manner using quality equipment and materials, all of which must be maintained and operated with the highest standard as well as meeting all OSHA and MIOSHA safety standards.

6 GENERAL SPECIFICATIONS SPECIFICATIONS Canton Township Parking Lot Reconstruction Public Works Building The Contractor shall schedule work to cause the least amount of conflict with normal activities in the facility. The Contractor agrees that he will not discriminate against any employee or applicant for the employment during the performance of this contract with respect to hire, tenure, terms and conditions, privileges of employment, color, religion, national origin, age, sex, height, weight, or marital status. The Contractor must conform to all Federal, State, and Local Labor Laws. Any deviation from these specifications must be approved in writing by Canton Township. Contractor is to perform the work as provided in the attached drawings. Contractor is to be responsible for all demolition and disposal costs. INCREASE OR DECREASE IN CONTRACT QUANTITIES The Owner reserves the right to increase, decrease or delete items in the Bids in order to match the Contract amount to the funds available. AWARD OF CONTRACT The Owner reserves the right to reject any or all Bids and to waive irregularities in Bidding. The successful Bidder shall be required to furnish satisfactory bonds and certificates of insurance. DESCRIPTION OF PROJECT The project involves removal and replacement of existing asphalt and concrete pavement parking lot and driveways at the Public Works Building. In association with parking lot replacement, the following work will also be done: drainage structure repair, sidewalk replacement, bollard replacement and permanent pavement markings. Construction on the project shall not start before April 15, The entire project shall be completed on or before July 12, Once work begins on the project it shall remain continuous. TERMINATION Either party may terminate this Agreement at any time upon 30 days prior written notice to the other party. The Township shall pay any accrued charges incurred prior to the date of the termination.

7 PROPOSAL Charter Township of Canton 1150 S. Canton Center Road Canton, MI 48l88 Re: Parking Lot Reconstruction Public Works Building Prospective Bidders: The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the Charter Township of Canton in the form included in the Contract Documents to Complete all work as specified or indicated in the Contract Documents for the Contract price and within the Contract time indicated in this bid and in accordance with the Contract Documents. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that; a) Bidder has examined copies of all Contract Documents, which he understands and accepts as sufficient for the purpose, including any and all Addenda officially issued, the receipt of which is hereby acknowledged: ADDENDUM NO. DATE OF RECEIPT SIGNATURE b) Bidder has examined the surface and subsurface conditions where the work is to be performed, the legal requirements and conditions affecting cost, progress or performance of the work and has made such independent investigations as Bidder deems necessary. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner.

8 The Bidder agrees to complete the work in accordance with the project documents, for the following Contract Price: Base Bid Item Description Total Unit Unit Price Amount Unforseen Conditions 25,000 $1.00 $ 25, Mobilization, Max $80, $ Curb and Gutter, Rem 40 $ Pavt, Rem 5020 $ Sidewalk, Rem 34 $ Excavation, Earth 8 $ Subgrade Undercutting, Type II, Modified Erosion Control, Inlet Protection, Fabric Drop 20 $ 14 $ Aggregate Base, 4 inch 34 $ Aggregate Base, Conditioning 6154 $ Structure Rehab, Foam 2 $ Structure Rehab, Grout 8 $ HMA Surface, Rem 1134 $ HMA, LVSP 275 $ Joint, Expansion, E2 300 $ Conc Pavt, Reinf, 8 inch, Modified 5020 $ Curb and Gutter, Conc, Det F4 40 $ Detectable Warning Surface 30 $ Sidewalk Ramp, Conc, 4 inch 310 $ Bollard 16 $ Bollard, Rem 16 $ Pavt Mrkg, Waterborne, for Rest Areas, Parks & Lots, 4 inch, Blue 353 $

9 Pavt Mrkg, Waterborne, for Rest Areas, Parks & Lots, 4 inch, Yellow Pavt Mrkg, Waterborne, for Rest Areas, Parks & Lots, Accessible Symbol, Blue Maintaining Traffic Devices and Construction Staging 1274 $ 4 $ 1 $ Restoration 435 $ Traf Loop 1 $ BASE BID $ Alternate Bid A Item Description Total Unit Unit Price Amount Excavation, Earth 200 $ Pavt, Rem 3391 $ Erosion Control, Inlet Protection, Fabric Drop 3 $ Aggregate Base, 6 inch 679 $ Aggregate Base, Conditioning 3391 $ Structure Rehab, Foam 1 $ Structure Rehab, Grout 2 $ HMA Surface, Rem 679 $ Joint, Expansion, E2 45 $ Conc Pavt, Reinf, 8 inch, Modified 4070 $ Bollard 22 $ Bollard, Rem 22 $ Pavt Mrkg, Waterborne, for Rest Areas, Parks & lots, 4 inch, Yellow 91 $ Restoration 25 $ Traf Loop 1 $ ALTERNATE BID A $

10 Alternate Bid B Item Description Total Unit Unit Price Amount Excavation, Earth 1 $ Pavt, Rem 1386 $ Erosion Control, Inlet Protection, Fabric Drop 3 $ Aggregate Base, 4 inch 4 $ Aggregate Base, Conditioning 1350 $ Structure Rehab, Foam 1 $ Structure Rehab, Grout 2 $ Conc Pavt, Reinf, 8 inch, Modified 1350 $ Weigh Scale Inset 1 $ Sidewalk Ramp, Conc, 4 inch 35 $ Bollard 4 $ Bollard, Rem 4 $ Pavt Mrkg, Waterborne, for Rest Areas, Parks & Lots, 4 inch, Blue Pavt Mrkg, Waterborne, for Rest Areas, Parks & Lots, 4 inch, Yellow Pavt Mrkg, Waterborne, for Rest Areas, parks & lots, Accessible Symbol, Blue 368 $ 114 $ 2 $ Restoration 215 $ IMPORTANT ALTERNATE BID B $ The contractor must use the units provided above to determine the unit price, amount, and contract price. If the units provided are not used then the bid will be considered incomplete and will be withdrawn. All items labeled (incidental) on plans are considered to be incidental to construction of whole contract. The contractor must carefully read the plans and specifications to determine incidentals and must take them into consideration in his bid price. Contractor is responsible for barricading areas that have been excavated or disturbed from construction and can be considered a possible hazard, incidental to this contract.

11 Liquidated Damages, as specified in the Supplemental General Conditions and Agreement, shall apply to the above completion date. Proposals may not be withdrawn for a period of (90) ninety calendar days after the date of the bid opening. The following documents are attached to and made a condition of this Proposal: a) Non-Collusion Affidavit b) Legal Status of Bidder c) Required Bid security in the form checked below: Bid Bond Bidders' Name By Address: Phone No. Fax No.

12 BID FORM (This form must be completed and included with Bid) The following price is based on the enclosed the specifications. DATE: TOTAL BASE BID AMOUNT: Company Name Company Address Contact Person Phone No. Fax No. Address Signature Comments:

13 CONTRACTOR INFORMATION SHEETS (These sheets must be completed and included with Bid) COMPANY NAME: ADDRESS: ESTABLISHED: (Month) (Year) TYPE OF ORGANIZATION: (Circle One) A) Individual B) Partnership C) Corporation D) Joint Venture E) Other (Specify) (If Applicable) FORMER FIRM NAME(S) YEARS IN BUSINESS USE OF SUBCONTRACTORS: To provide all the services listed in the specifications, would any services be handled by subcontractors? Yes/No If Yes, please explain: Subcontractor Name(s): PROJECT MANAGER: Would your company be able to provide a single project manager for this work? Yes/No Name: Title:

14 REFERENCES: List 3 clients who have had work meeting (or similar to) the Specifications: COMPANY ADDRESS CONTACT PHONE 1) 2) 3) THE FOREGOING IS A TRUE STATEMENT OF FACTS: I/we hereby certify under penalty of law that we are not an Iran linked business as defined in PA 517 of Signature of Authorized Company Representative: Company Address: Date: Representative s Name (Please Print)

15 LEGAL STATUS OF BIDDER This Proposal is submitted in the name of: (Print) The undersigned hereby designates below his business address to which all notices, directions or other communications may be served or mailed: Street City State Zip Code The undersigned hereby declares that he has legal status checked below: ( ) INDIVIDUAL ( ) INDIVIDUAL DOING BUSINESS UNDER AN ASSUMED NAME ( ) CO-PARTNERSHIP The Assumed Name of the Co-Partnership is registered in the County of, Michigan. ( ) CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF. The Corporation is ( ) LICENSED TO DO BUSINESS IN MICHIGAN ( ) NOT NOW LICENSED TO DO BUSINESS IN MICHIGAN The name, titles and home addresses of all persons who are officers or Partners in the organization are as follows: NAME AND TITLE HOME ADDRESS Signed and Sealed this day of, 20. By (Signature) (Printed Name of Signature) (Title)

16 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto Charter Township of Canton, 1150 S. Canton Center Rd., Canton, MI as OWNER, hereinafter called the OWNER, in the sum of (5% of bid amount) Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Parking Lot Reconstruction Public Works Building NOW, THEREFORE, if the OWNER shall accept the bid of the Principal and the Principal shall enter into a Contract with the OWNER in accordance with the terms of such bid, and give such bond or bonds as may be specified in the Contract Documents with good and sufficient surety for the faithful performance for such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the OWNER the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the OWNER may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of, 20 (Principal) (Seal) (Witness) (Title) (Surety) (Witness) (Title)

17 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ) ) ss. County of ), being first duly sworn, deposer and says that: (1) He is (owner, partner, officer, representative, or agent) of, the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid is genuine and is not a collusive or sham Bid: (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the or any person interested in the proposed Contract: and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of, 20 Title My commission expires

18 AGREEMENT This Agreement, made and entered into this day of in the year 20 by and between the Charter Township of Canton, hereinafter called OWNER, and, hereinafter called CONTRACTOR, agrees as follows: ARTICLE 1. WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Document. The work is generally described as follows: ARTICLE 2. CONTRACT TIME Parking Lot Reconstruction Public Works Building 2.1 The successful bidder shall be prepared to start construction on April 15, The work will be completed and ready for final payment in accordance with the General Provisions no later than July 12, Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of the Agreement and that the OWNER will suffer financial loss if the work is not complete within the time specified in paragraph 2.1 above, plus any extensions there of allowed in accordance with the General Provisions. They also recognize that delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the work is not complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER six hundred fifty dollars ($650) for each day that expires after the time specified in paragraph 2.1 for completion until the work is complete. The liquidated damages charged shall be deducted from the CONTRACTOR'S Progress Payments. ARTICLE 3. CONTRACT PRICE 3.1 OWNER shall pay CONTRACTOR complete for the work in accordance with the attached Proposal submitted to the OWNER on this date of, 20 for performance of the work in accordance with the Contract Documents.

19 ARTICLE 4. PAYMENT PROCEDURES Progress payments and retainage under the Contract are governed by the provisions of PA 1980, No. 524 (MCLA et seq.). That Act is incorporated herein by reference and made a part of this Contract. Without excluding any provisions of the Act from this Contract, but in order to comply therewith and summarize certain provisions, the following shall apply: 4.1 The person representing the CONTRACTOR who will submit written results for progress payment shall be: 4.2 The person representing the OWNER to whom requests for progress payments are to be submitted shall be: 4.3 The CONTRACTOR'S representative, listed above, shall submit Applications for Payment in the form of an invoice to the OWNER. Applications for Payment will be processed as provided in the General Conditions. ARTICLE 5. CONTRACTOR'S REPRESENTATIONS In order to induce the OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 5.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and performance of the Work. 5.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress performance of the Work which were relied upon in the preparation of the Plans and Specifications and which have been identified in the Special Conditions, General Provisions, or Special Provisions. 5.3 CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in Paragraph 5.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purpose. 5.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 5.5 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to CONTRACTOR. ARTICLE 6.

20 The Contract Documents which comprise the entire Contract between the OWNER and CONTRACTOR are attached to this Agreement, made apart hereof and consists of the following: 6.1 This Agreement 6.2 Conditions of the Contract (including General Conditions, Special Conditions and General Provisions). 6.3 Specifications included in this Contract Book and plans bearing the title (s): Parking Lot Reconstruction Public Works Building 6.4 Performance and other Bonds 6.5 Notice of Award 6.6 Notice to Proceed 6.7 Addendum numbered to, inclusive. 6.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 6.9 Proposal Submitted by the CONTRACTOR dated Any modification, including Change Orders, duly delivered after execution of Agreement. ARTICLE 7. MISCELLANEOUS 7.1 Terms used in this Agreement which are defined in the General Provisions shall have the meanings indicated in the General Provisions, except as modified herein or in the Special Conditions. 7.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on any other party without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 7.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in

21 respect to all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in five (5) counterparts. All portions of the Contract Documents have been signed or identified by Owner and Contractor. This Agreement will be effective on. OWNER - CONTRACTOR CHARTER TOWNSHIP OF CANTON By Attest By (Corporate Seal) Attest Address for giving notices Address for giving notices 1150 S. Canton Center Road Canton, MI Phone # Fax #

22 Bond No. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, a corporation organized and existing under the laws of the State of, and duly authorized to transact business in the State of Michigan, hereinafter called the "Principal," and, a corporation organized and existing under the laws of the State of, and duly authorized to transact business in the State of Michigan, as Surety, hereinafter called "Surety," are held and firmly bound unto Charter Township of Canton, 1150 S. Canton Center Rd., Canton, MI 48188, as Obligee, and hereinafter called "Obligee," in the just and full sum of ($ ) Dollars, lawful money of the United States of America, to be paid to the said Obligee, to which payment well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a contract with the said Obligee, dated the day of 20 for which contract is herein referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein, and WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was entered into, that these presents should be executed. AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in anywise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the Work or to the Contract Documents. NOW, THEREFORE, if the above Principal shall in all respects comply with the terms and conditions of said contract, and his (their or its) obligations thereunder, including the Contract Documents therein referred to and made a part thereof, and such alteration as may be made in such contract or Contract Documents, as herein or therein provided for, then this obligation shall be void; otherwise, this Bond and obligation shall be and remain in full force and effect.

23 Signed and sealed this day of, 20 Signed, sealed and delivered in the presence of: Witness for CONTRACTOR (Principal) (Title) By Witness for Surety (Surety) (Title) Attorney-In-Fact By Address Address of Surety City Zip Code City Zip Code Telephone Telephone

24 LABOR AND MATERIAL PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, That we, a corporation organized and existing under the laws of the State of, and duly authorized to transact business in the State of Michigan, hereinafter called the "Principal," and, a corporation organized and existing under the laws of the State of, and duly authorized to transact business in the State of Michigan, as Surety, hereinafter called "Surety," are held and firmly bound unto Charter Township of Canton, S. Canton Center Rd., Canton, MI 48188, as Obligee, and hereinafter called "Obligee," in the just and full sum of ($ )Dollars, lawful money of the United States of America, to be paid to the said Obligee, to which payment well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a contract with the said Obligee, dated the day of 20 for which contract is herein referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein, and WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was entered into, that these presents should be executed. AND WHEREAS, this Bond is given in compliance with and subject to the provisions of Act No. 213 of the Public Acts of Michigan for the year 1963, as amended, including all notices, time limitation provisions and other requirements set forth therein, which are incorporated herein by reference. AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in anywise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, or any other forbearance, alteration or addition to the terms of the contract or to the Work or to the Contract Documents. NOW, THEREFORE, the condition of this obligation is such that if all claimants as defined in Act No. 213 of the Public Acts of Michigan for the year 1963, as amended, are timely paid for all labor and material used or reasonably required for use in the performance of the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Signed and sealed this day of, 20

25 Signed, sealed and delivered in the presence of: Witness for CONTRACTOR (Principal) (Title) By Witness for Surety (Surety) (Title) Attorney-In-Fact By Address Address of Surety City Zip Code City Zip Code Telephone Telephone

26 MB-1 TWO (2)

27 DATE: To:, 20 NOTICE OF AWARD Attention: Project: Parking Lot Reconstruction Public Works Building Pursuant to the provisions of Article 10 of the Instructions to Bidders, you are hereby notified that the CHARTER TOWNSHIP OF CANTON during a Regular Township Board Meeting held, 20 has directed the acceptance of your Bid for the above referenced Project in the amount of $. This Project shall consist of parking lot reconstruction at the Public Works building in Canton Township, MI. as delineated in your Bid submitted to the CHARTER TOWNSHIP OF CANTON on November 15, You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, which is by, You must deliver to the ENGINEER five (5) fully executed Counterparts of the Agreement including all the Contract Documents, see attached. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the General Conditions (Paragraph 5.1) and Supplementary Conditions (Paragraph SC-5.1). 3. You must deliver with the executed Agreement the Insurance Certificates (and other evidence of insurance) as specified in General Conditions (Article 5) or the Supplemental General Conditions (Article SGC-5). 4. Do not date Agreement and Contract Security (Bonds), as these will be dated by OWNER when executed by him. Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. (OWNER/ENGINEER) By (AUTHORIZED SIGNATURE) (TITLE)

28 NOTICE TO PROCEED DATED:, 20 To: Attention: Project: Parking Lot Reconstruction Public Works Building You are notified that the Contract Time under the above Contract will commence to run on, 20. Within ten (10) days of this date you are to start performing the Work and your other obligations under the Contract Documents. A Preconstruction Meeting with the OWNER and ENGINEER must occur prior to delivery of any materials or start of any construction. A minimum of two full working days notice shall be required to set up the Preconstruction Meeting. Also, the ENGINEER shall be notified by your office three full working days in advance of any activity on the Project. Work at the site must be started by, 20. CHARTER TOWNSHIP OF CANTON (OWNER/ENGINEER) By (AUTHORIZED SIGNATURE) (TITLE)

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