# GOVERNMENTAL COMLPEX

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Acba91a9323b27547

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

CONTRACT DOCUMENTS
GOVERNMENTAL COMLPEX
YOUTH CENTER SITE IMPROVEMENTS

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
7500 ODAWA CIRCLE
HARBOR SPRINGS, MICHIGAN 49740

AUGUST 2026

PREPARED BY:

ODW2036.01G

4241 Old US-27 South
Suite 1
Gaylord, MI 487835

Table of Contents
SECTION

PAGE NO.

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00 0115

List of Drawings

00 0115-1

00 1113

Advertisement for Bids

00 1113-1

00 2113

Instructions to Bidders

00 2113-1 - 6

00 2213

Supplemental Instructions for Bidders

00 2213-1

00 4243

Proposal

00 4243-1 - 3

00 4313

Bid Bond Form

00 4313-1

00 4345

Legal Status of Bidder

00 4345-1

00 4553

Build America, Buy America (BABA) Requirements

00 4553-1

00 5100

Notice of Award

00 5100-1

00 5200

Agreement

00 5200-1 - 4

00 5500

Notice to Proceed

00 5500-1

00 6112

Performance Bond

00 6112-1 - 2

00 6113

Labor and Material Payment Bond

00 6113-1 - 2

00 6275

Engineer's Certificate for Payment

00 6275-1

00 6521

Prevailing Federal Wage rate – Davis Bacon Act

00 6521-1

00 7200

General Conditions

00 7200-1 - 72

00 7300

Supplementary Conditions

00 7300-1 - 3

DIVISION 01 - GENERAL REQUIREMENTS
01 1100

Summary of Work

01 1100-1 - 2

01 3300

Submittal Procedures

01 3300-1 - 7

01 4219

Reference Standards

01 4219-1

01 4500

Quality Control

01 4500-1 – 2

01 5713

Temporary Erosion and Sedimentation Control

01 5713-1 - 6

01 7123

Construction Layout

01 7123-1 - 2

01 7700

Closeout Procedures

01 7700-1 - 2

01 8900

Site Construction Performance Requirements

01 8900-1 - 10

DIVISION 31 - EARTHWORK
31 1100

Clearing and Grubbing

31 1100-1 – 3

31 2200

Grading

31 2200-1 - 7

31 2313

Subgrade Preparation

31 2313-1 - 10

31 2333

Trenching and Backfilling

31 2333-1 - 7

TABLE OF CONTENTS

TOC-1

ODW2036.01G

DIVISION 32 - EXTERIOR IMPROVEMENTS
32 9219

Seeding

32 9219-1 - 10

DIVISION 33 - UTILITIES
33 1100

Water Utility Distribution Piping

33 1100-1 – 18

APPENDIX A
Davis Bacon Wage Determination

TABLE OF CONTENTS

TOC-2

ODW2036.01G

Division 00
Procurement and Contracting Requirements

Section 00 0115
List of Drawing Sheets
Part 1
1.01

General
Description

The Plans bearing the general title of Governmental Complex Youth Center and
dated August 2026 included with and form a part of the Contract Documents for this
Project.

A.

1.02

List of Plans

SHEET NUMBER

TITLE

G-001
G-002
G-003
C-001
C-002
C-003
C-004
C-005
C-006
L-001
L-002
L-003

COVER SHEET
CONSTRUCTION NOTES AND LEGEND
CONSTRUCTION DETAILS
EXISTING CONDITIONS, REMOVALS, AND SESC PLAN
PROPOSED SITE PLAN
PROPOSED GRADING PLAN
PROPOSED SANITARY SITE PLAN, DETAILS, AND NOTES
PREOPOSED SANITARY DETAILS AND NOTES
PROPOSED WATER MAIN PLAN AND PROFILE
PROPOSED LANDSACPE PLAN
PROPOSED LANDSCAPE SCHEDULE AND NOTES
PROPOSED LANDSCAPE DETAILS

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section

LIST OF DRAWING SHEETS

00 0115-1

ODW2036.01G

Section 00 1113
Advertisement for Bids
GOVERNMENTAL COMPLEX
YOUTH CENTER SITE IMPROVEMENTS
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
7500 ODAWA CIRCLE
HARBOR SPRINGS, MICHIGAN 49740
Sealed Bids will be received by the Little Traverse Bay Bands of Odawa Indians at 7500 Odawa Circle,
Harbor Springs, Michigan 49740, until 2:00 PM, Local Time, Friday September 11, 2026, at which time
and place said Bids will be opened and publicly read aloud for the following approximate quantities of work:
Construction of site improvement for a new Youth Center at the Little Traverse Bay Bands of Odawa
Indians Governmental Complex. Construction includes clearing, site grading, aggregate base, HMA
paving, concrete sidewalk, ADA ramp, pavement markings, onsite sewage disposal field, septic
tanks, sewage dosing pumps, forcemain, 6-inch watermain, blow-off hydrant, 1.5-inch water service,
landscaping, and site restoration.
Contract Documents are on file with:
Little Traverse Bay Bands of Odawa Indians, Planning Department, 7500 Odawa Circle, Harbor
Springs, Michigan 49740, contact Amanda Swiss at 231.242.1591
Wade Trim, Inc., 4241 Old US27 South, Suite 1, Gaylord, Michigan 49735 or
http://www.wadetrim.com/resources/bid-tab/
McGraw-Hill Dodge Reports & Builders Exchanges will have Contract Documents; Builders
Exchanges are authorized to share the contract documents with other exchanges.
Each Bid package shall be accompanied by a certified check, cashier’s check, money order, or bid bond, in the
amount of at least five (5) percent of the amount bid, drawn payable to the OWNER, as security for the
proper execution of the Agreement.
OWNER reserves the right to accept or reject any or all bids and to waive any informality in any bids
should it consider same to be in its best interest.
Bids may not be withdrawn for the period of sixty (60) days after date of receiving bids.
All inquiries shall be directed to Paul Repasky, PE, at Phone: 989.619.3454, or Email:
prepasky@wadetrim.com.
Wade Trim, Inc.
4241 Old US27 South, Suite 1
Gaylord, Michigan 49735

ADVERTISEMENT FOR BIDS

Little Traverse Bay Bands of Odawa Indians
7500 Odawa Circle
Harbor Springs, Michigan 49740

00 1113-1

ODW2036.01G

Section 00 2113
Instructions to Bidders
Part 1
1.01

General
Defined Terms
A.

1.02

1.

The term "Bidder" means one who submits a Bid directly to OWNER as distinct
from a subbidder who submits a Bid to a Bidder.

2.

The term "Successful Bidder" means the lowest, qualified, responsible Bidder to
whom OWNER makes an award.

3.

The term "OWNER" means Little Traverse Bay Bands of Odawa Indians, being a
party of the first part of this Contract.

4.

The term “ENGINEER” means Wade Trim, Inc., 4241 Old US 27 South, Suite 1,
Gaylord, Michigan 49735, or his duly authorized representative.

Scope of Work
A.

1.03

Terms used in these Instructions to Bidders have the meanings assigned to them in the
General Conditions.

The scope and location of Work are indicated in the Plans.

Bidders Qualifications
A.

No Bid will be considered from any Bidder unless known to be skilled and regularly
engaged in work of a character similar to that covered by the Contract Documents. In order
to aid the OWNER in determining the responsibility of any Bidder, the Bidder, within 48
hours after being requested in writing by the OWNER to do so, shall furnish evidence,
satisfactory to the OWNER, of the Bidder's experience and familiarity with Work of the
character specified, and his financial ability to properly prosecute the proposed Work to
completion within the specified time. The evidence requested may include, but shall not be
limited to, the following:
1.

The address and description of the Bidder's plant or permanent place of business.

2.

The Bidder's performance records for all Work awarded to or started by him
within the past three years.

3.

An itemized list of the Bidder's equipment available for use on the proposed
Contract.

4.

The Bidder's financial statement, including statement of ownership of equipment
necessary to be used in executing Work under Contract.

5.

Evidence that the Bidder is authorized to do business in the state in which the
project is located, in case of a corporation organized under the laws of any other
state; and,

6.

Such additional information as will satisfy the OWNER that the Bidder is
adequately prepared to fulfill the Contract.

INSTRUCTIONS TO BIDDERS

00 2113-1

ODW2036.01G

1.04

Examination of Contract Documents and Site
A.

B.

It is the responsibility of each Bidder before submitting a Bid, to:
1.

examine the Contract Documents thoroughly,

2.

visit the site to familiarize himself with local conditions that may in any manner
affect cost, progress or performance of the Work,

3.

consider federal, state, and local Laws and Regulations that may affect cost,
progress, performance, or furnishing of the Work; and

4.

study and carefully correlate Bidder's knowledge and observations with the
Contract Documents and such other related data; and

5.

promptly notify ENGINEER in writing of all conflicts, errors, ambiguities or
discrepancies which Bidder has discovered in or between Contract Documents and
such related documents.

6.

purchase official Procurement Documents from ENGINEER in order to be included
on the project Plan Holder List and be considered eligible for bidding.

Reference is made to the Supplementary Conditions for the identification of those reports of
investigations and tests of subsurface and latent physical conditions at the site or otherwise
affecting cost, progress or performance of the Work which have been relied upon by
ENGINEER in preparing the Contract Documents.
1.

If such reports are not included as appendices to the Contract Documents, OWNER
will make copies available to any Bidder requesting them. These reports are
included for reference only and are not guaranteed as to accuracy or completeness,
nor are they part of the Contract Documents.

2.

The Bidder may rely upon the general accuracy of the “technical data” contained in
such reports but not upon other data, interpretations, opinions or information
contained in such reports or otherwise relating to the subsurface conditions at the
site, nor upon the completeness thereof for bidding or construction purposes.

3.

Before submitting his Bid each Bidder will, at his own expense, make such
additional investigations and tests as the Bidder may deem necessary to determine
his Bid for performance of the Work in accordance with the time, price and other
terms and conditions of the Contract Documents.

C.

On request OWNER will provide each Bidder access to the site to conduct such
investigations and tests as each Bidder deems necessary for submission of his Bid. Bidder
shall fill all holes and clean up and restore the site to its former conditions upon completion
of such investigations and tests.

D.

The lands upon which the Work is to be performed, rights-of-way for access thereto and
other lands designated for use by CONTRACTOR in performing the Work are identified in
the Plans.

INSTRUCTIONS TO BIDDERS

00 2113-2

ODW2036.01G

1.05

1.06

E.

The locations of utilities as shown on the Plans are taken from sources believed to be
reliable. Neither the OWNER nor the ENGINEER will be responsible for any omissions of, or
variations from, the indicated location of existing utilities which may be encountered in the
Work.

F.

The submission of a Bid will constitute an incontrovertible representation by the Bidder
that he has complied with every requirement of this Article 1.04, that without exception the
Bid is based upon performing and furnishing the Work required by the Contract Documents
and applying the specific means, methods, techniques, sequences or procedures of
construction (if any) that may be shown, indicated or required by the Contract Documents,
that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities and
discrepancies that Bidder has discovered in Contract Documents and the resolution by
ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for performing
and furnishing the Work, and that the time stated in the Proposal is sufficient to complete
the project.

Interpretations and Addenda
A.

Should any prospective bidder find discrepancies in, or omissions from the Plans,
Specifications or other parts of the Contract Documents, he may submit a written request to
the ENGINEER for an interpretation thereof. The person submitting the request will be held
responsible for its prompt delivery at least seven (7) days prior to the date for opening of
Bids. Questions received less than seven (7) days prior to the date for opening of bids will
not be answered. Any interpretation of inquiry will be made by Addendum duly issued to
all prospective bidders.

B.

Any change in or addition to the Contract Documents deemed necessary by the OWNER
shall be made in the form of an Addendum issued to all prospective bidders who have taken
out Contract Documents and all such Addenda shall become a part of the Contract
Documents as though same were incorporated into same originally. Oral explanations and
information do not constitute official notification and are not binding.

Bid Security
A.

Bid Security shall be made payable to OWNER, in an amount of five (5) percent of the
Bidder's maximum Bid price and in a form as indicated in the Advertisement. Bid Bonds, if
indicated as acceptable in the Advertisement, shall be issued on the form included in the
Contract Documents by a Surety meeting the requirements of paragraph 5.01 of the General
Conditions.

B.

The Bid Security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required Contract Security, whereupon it will be
returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the
required Contract Security within 15 days of the Notice of Award, OWNER may annul the
Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of
any Bidder whom OWNER believes to have a reasonable chance of receiving the award may
be retained by OWNER until the earliest of the seventh day after the "Effective Date of
Agreement" (which term is defined in the General Conditions) or the expiration of the hold
period on the Bids. Bid Security of other Bidders will be returned within 14 days of the Bid
opening, unless indicated otherwise in the Advertisement.

INSTRUCTIONS TO BIDDERS

00 2113-3

ODW2036.01G

1.07

Contract Time
A.

1.08

Substitute and “Or-Equal” Items
A.

1.09

The number of days within which, or the date by which, the Work is to be Substantially
Completed, if applicable, and also completed and ready for final payment (the Contract
Time) are set forth in the Proposal and will be included in the Agreement.

The Contract, if awarded, will be on the basis of materials and equipment described in the
Plans or specified in the Specifications without consideration of possible substitute or “orequal” items. Whenever it is indicated in the Plans or specified in the Specifications that a
substitute or an “or-equal” item of material or equipment may be furnished or used by
CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the Effective Date of Agreement. In addition, in no case
shall ENGINEER’s denial of CONTRACTOR’s application give rise to any claim for additional
cost, it being understood by CONTRACTOR that acceptance of substitute or an “or equal”
item of material is at the sole discretion of ENGINEER.

Receipt and Form of Bid
A.

Bids shall be submitted at the time and place indicated in the Advertisement for Bids and
shall be included in an opaque sealed envelope, marked with the Project title and name and
address of the Bidder and accompanied by the Bid Security and other required documents.
If the Bid is sent through the mail or other delivery system, the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Any
Bid received after the scheduled time and place indicated in the Advertisement for Bids
shall be returned unopened.
1.

OWNER invites bids on the Proposal and other form(s) attached hereto. Bids will
be received at the time and place indicated in the Advertisement and thereupon
will be publicly opened and read. An abstract of the amounts of the base bids and
any major alternates will be made available after the opening of Bids.

2.

OWNER may consider as informal any Bid on which there is an alteration of, or
departure from the Proposal Form attached hereto.

3.

The complete set of Contract Documents must be used in preparing Bids: neither
OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Contract Documents. In order to verify
the completeness of the set of Contract Documents the Bidder used in preparing his
Bid, the OWNER may require the Bidder to submit the set of Contract Documents
he used in preparing his Bid. The Bidder shall submit his Bid on the separate
Proposal form included in these Contract Documents.

4.

The Proposal shall be legibly prepared, with ink or typewriter, on the form
included in these Contract Documents. All blank spaces in the proposal forms must
be correctly filled in where indicated for each and every item for which a quantity
is given. Proposals will be compared on basis of lump sum items, if any, and on
product of the quantities of items listed at the respective unit prices bid.

5.

Erasures or other changes in the Bids must be explained or noted over the
signature of the Bidder.

6.

Names must be typed or printed below the signature.

INSTRUCTIONS TO BIDDERS

00 2113-4

ODW2036.01G

1.10

The quantities as shown in the Proposal are approximate only and will be used as a
basis of comparison of Bids, and award of Contracts. Payment will be made on basis
of actual quantities of Work performed in accordance with the Contract
Documents. The Unit Prices bid, shall include such amounts as the Bidder deems
proper for overhead, profit, taxes, General Conditions and such other incidentals as
noted in the Contact Documents.

8.

The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of
which shall be filled in on the Proposal Form.

9.

The Legal Status of Bidder Form contained in the Contract Documents must be
submitted with each Proposal and must clearly state the legal position of a Bidder.
In the case of a corporation, the home address, name and title of all officers must be
given. In the case of a partnership, show names and home addresses of all partners.
If an individual, so state. Any individual bid not signed by the individual must have
attached, thereto, a power of attorney evidencing authority to sign.

10.

Other documents to be attached to the Proposal and made a condition thereof are
identified in the Proposal. The same individual signing the Proposal shall sign these
other documents.

Modifications and Withdrawal of Bids
A.

1.11

7.

Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered to the place where Bids are to be
submitted at any time prior to the opening of Bids. If, within 24 hours after Bids are
opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter
demonstrates to the reasonable satisfaction of OWNER that there was a material and
substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the
Bid Security will be returned. Thereafter, at the sole option of OWNER, that Bidder will be
disqualified from further Bidding on the Work to be provided under the Contract
Documents.

Award of Contract
A.

OWNER reserves the right to reject any and all Bids for any reason, to waive any and all
informalities not involving price, time, or changes in the Work and to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids. Discrepancies between words and figures will
be resolved in favor of words. Discrepancies in the multiplication of units of work and unit
prices, will be resolved in favor of unit price. Discrepancies between the indicated sum of
any column of figures and the correct sum thereof will be resolved in favor of the correct
sum.

B.

In evaluating Bids, OWNER shall consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements, and such alternates, unit prices and
other data if requested in the Bid forms. It is OWNER's intent to accept alternates (if any are
accepted) in the order in which they are listed in the Bid form but OWNER may accept them
in any order or combination.

C.

Subject to the approval of OWNER, the Contract will be awarded to the lowest responsive
and responsible Bidder. Responsibility of Bidder will be determined on basis of past
performance and Work of similar character, equipment and labor available to do the Work
and financial status.

INSTRUCTIONS TO BIDDERS

00 2113-5

ODW2036.01G

Sales and Use Taxes

Per the tax agreement in effect between the Owner and State of Michigan, this project is
exempt from state sales taxes and use taxes on materials and equipment to be incorporated
in the Work. Said taxes shall not be included in the Bid. Bidders shall fully cooperate with
Owner to effectuate any administrative requirements of the agreement.

Contracts to be Assigned (Tribal, Michigan, Michigan Veteran Owned Preference)

The Contractor agrees to give preference to Tribal, Michigan, and Michigan Veteran owned
who can perform the work required, and to the extent feasible consistent with training
opportunities, regardless of age (subject to existing laws and regulation), sex, religion, or
tribal affiliation, for training and employment opportunities under this contract. The
Contractor also agrees to give preference to Indian organizations, Indian-owned economic
enterprises, Michigan and Michigan veterans in the awarding of any subcontracts consistent
with the effective performance of this contract. The Contractor shall maintain and provide
to the Bureau’s Contracting Officer; such records as are necessary to indicate compliance
with this paragraph. Records must be sufficient to document the significant history of all
purchases and must be maintained for a minimum of four (4) years after the end of the
Agreement period

A.

1.15

The Contract shall not be binding upon the OWNER until the Agreement has been
duly executed by the Bidder and the duly authorized officials of the OWNER.

Within fifteen (15) days after OWNER gives a Notice of Award to the successful Bidder, the
CONTRACTOR shall sign and deliver the specified number of counterparts of the Agreement
to OWNER with all other Contract Documents attached. Within ten (10) days thereafter,
OWNER will deliver two (2) fully signed counterparts to CONTRACTOR. ENGINEER will
identify, date or correct those portions of the Contract Documents not fully signed, dated or
executed by OWNER and CONTRACTOR and such identification, dating or correction shall
be binding on all parties.

A.

1.14

2.

Signing of Agreement
A.

1.13

The Contract shall be considered to have been awarded after the approval of the
OWNER has been duly obtained and a formal Notice of Award duly served on the
successful Bidder by OWNER.

If the Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award
within 60 days after the day of the Bid opening, unless such other time is specified in the
Advertisement for Bids.

D.

1.12

1.

Wage Rate Requirements

The Contractor and Subcontractors are required to pay prevailing wage rates.

A.

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section
INSTRUCTIONS TO BIDDERS

00 2113-6

ODW2036.01G

Section 00 2213
Supplementary Instructions to Bidders
Part 1
1.01

General
Modifications
A.

These Supplementary Instructions to Bidders amend or supplement, Section 00 2113,
Instructions to Bidders, as indicated below. All provisions which are not amended or
supplemented remain in full force and effect.

B.

The terms used in these Supplementary Instructions to Bidders have the meanings assigned
to them in the Instructions to Bidders, General Conditions, and as follows:
1.

OWNER – Little Traverse Bay Bands of Odawa Indians being a party of the first part
of this Contract.

2.

ENGINEER - Wade Trim, Inc., or his duly authorized representative.

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section

SUPPLEMENTARY INSTRUCTIONS
TO BIDDERS

00 2213-1

ODW2036.01G

Section 00 4243
Proposal
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
7500 ODAWA CIRCLE
HARBOR SPRINGS, MI 49740

Re: YOUTH CENTER SITE IMPROVEMENTS

The undersigned Bidder proposes and agrees, if this Proposal is accepted, to enter into an Agreement with
the Little Traverse Bay Bands of Odawa Indians 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 Proposal, 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 Release

Signature

b)

Bidder has examined the surface and subsurface conditions where the Work is to be performed, the
legal requirements and local conditions affecting cost, progress, furnishing 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.

The Bidder agrees to complete the Work, in accordance with the Contract Documents, for the following
Contract Price:
Item

Description

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Mobilization, Max. 5%
Clearing and Grubbing
HMA Surface, Rem
Culv, Rem, Less than 24 inch
Site Grading
Aggregate Base
Aggregate Surface Cse, 6 inch
HMA, 4EL
HMA, 5EL
Sidewalk, Conc, 6 inch, Thickened Edge
Sidewalk, Conc, 6 inch
Culv, Cl F, 12 inch
Culv,, End Section, 12 inch
Pavt Mrkg, Waterborne, 4”, White

PROPOSAL

Quantity

Unit

Unit Price

Amount

1
1.88
76
1
1
580
185
106
106
710
860
112
6
170

LS
ACRE
SYD
EA
LS
TON
SYD
TON
TON
SFT
SFT
FT
EA
FT

$
$
$
$ _______________
$
$
$ _______________
$
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________

$
$
$
$ ________________
$
$
$ ________________
$
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________

00 4243-1

ODW2036.01G

15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.

Pavt Mrkg, Waterborne, 4”, Blue
Pavt Marking, HC Symbol
Sign, Type 1A and steel post, 3#
Silt Fence
Restoration
Connect to Existing Watermain
6-inch, PVC Watermain, C-900
Corp Stop and Box
Water Service, 1.5-inch, Type K Copper
Blow-off Hydrant
Pressure Test and Disinfect Water Main
2,600-gal Septic Tank with Effluent Filter
1,000-gal Dosing Tank
Pumps, Floats, Guiderails and Controls
Sanitary Forcemain, 1.5-inch
Absorption Bed Drainfield
Testing

94
1
1
675
1
1
453
1
109
1
1
1
1
1
35
1
1

FT
EA
EA
FT
LS
EA
FT
EA
FT
EA
LS
EA
EA
LS
FT
LS
LS

TOTAL BASE CONTRACT PRICE
(Items 1 through 31)

$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________
$ _______________

$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________
$ ________________

$
(numeric)
(In Words)

Schedule of Alternatives – The bidder will complete the parts of the Work designated in the Alternatives
that follow and accept in full payment for those parts of the Work the following Item Bid Prices
Item

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Description

Quantity

Tree - Acer rubrum - Red Maple - 1.52.5"
Tree - Acer saccharum - Sugar Maple 1.5-2.5"
Tree - Amelanchier arborea - Downy
Serviceberry - 5-6' HT
Tree - Betula papyrifera - Paper Birch 1.5-2.5"
Tree - Juniperus virginiana - Eastern Red
Cedar - 7-8' HT
Tree - Malus x adstringens 'Durelo' Gladiator Cr. App. - 7-8' HT
Tree - Pinus resinosa - Red Pine - 7-8' HT
Shrub - Ilex verticillata - Winterberry - 35 GAL
Shrub - Physocarpus opulifolius Common Ninebark - 3 GAL
Deluxe Pollinator Seed Mix
Double Shredded Hardwood Mulch

Unit

Unit Price

Amount

2

EA

$ _______________

$ ________________

2

EA

$ _______________

$ ________________

6

EA

$ _______________

$ ________________

4

EA

$ _______________

$ ________________

4

EA

$ _______________

$ ________________

8
5

EA
EA

$ _______________ $ ________________
$ _______________ $ ________________

5

EA

$ _______________

4
26
10

EA
LB
CYD

$ _______________ $ ________________
$ _______________ $ ________________
$ _______________ $ ________________

TOTAL ALTERNATIVE CONTRACT PRICE
(Items 1 through 11)

$ ________________

$
(numeric)
(In Words)

PROPOSAL

00 4243-2

ODW2036.01G

The Bidder further acknowledges and agrees that the separate prices bid on this “Schedule of Alternatives”
where they are applicable and deemed acceptable to the Owner, will be used if incorporated into the
Contract when the Owner issues the Notice of Award.
The undersigned, as Bidder, hereby certifies that he or a qualified designated person in his employ has
examined the Contract Documents provided by OWNER for bidding purposes. Further, the undersigned
certifies that he or his qualified employee has reviewed the Bidder’s proposed construction methods and
finds them compatible with the conditions and from the information provided for Bidding.
The undersigned, as Bidder, shall complete the Work under any job circumstances or field conditions
present and/or ascertainable prior to bidding. In addition, he shall also complete the Work under whatever
conditions he may create by his own sequence of construction, construction methods, or other conditions he
may create, at no additional cost to OWNER.
The undersigned, as Bidder, declares that he has familiarized himself with the location of the proposed Work
and the conditions under which it must be constructed. Also, that he has carefully examined the Plans, the
Specifications, and the Contract Documents, which he understands and accepts as sufficient for the purpose
and agrees that he will Contract with OWNER to furnish all labor, material, tools, and equipment necessary
to do all Work specified and prescribed for the completion of the Project.
The undersigned agrees, if awarded Contract, to sign the Agreement and submit satisfactory bonds and
certificates of insurance coverage and other evidence of insurance required by the Contract Documents
within 10 days after the date of OWNER'S Notice of Award.
The undersigned agrees that time is of the essence and, if awarded Contract, that all the Work except,
HMA paving, pavt markings, sign, restoration and landscape work, will be Substantially Completed
on or before January 21, 2027, and Final Completed by January 28, 2027. The remainder of the Work
shall be Substantially Completed on or before June 23, 2027, and Final Completed by June 30, 2027.
Liquidated damages, as specified in the General Conditions, Supplementary Conditions and Agreement, shall
also apply to the above Substantial Completion dates.
Engineering and inspection costs incurred after the above final completion date shall be paid by
CONTRACTOR to OWNER as specified in the Conditions of the Contract and Agreement.
Proposals may not be withdrawn for a period of sixty (60) days after bid opening.
The following documents are attached to and made a condition of this Proposal:
a)

Required Bid security in the form checked below:
Certified Check

b)

Legal Status of Bidder.

c)

Bidder's Name:

Cashier's Check

Money Order

Bid Bond

By:
(Signature)

(Printed Name)

Address:
Phone No.:

Fax No.:

Email:
PROPOSAL

00 4243-3

ODW2036.01G

PROPOSAL

00 4243-4

ODW2036.01G

Section 00 4313
Bid Bond Form
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

, and duly authorized to

transact business in the state of Michigan, as Surety, hereinafter called the Surety, are held and firmly
bound unto the Little traverse Bay Bands of Odawa Indians, hereinafter called the OWNER, in the sum of
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

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 of
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

(Witness)

.
(Principal)

(Title)

(Witness)

(Surety)

(Title)

BID BOND FORM

00 4313-1

PROJECT NUMBER

Section 00 4345
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:
SOLE PROPRIETOR
SOLE PROPPRIETOR 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
authorized to conduct business in the State of Michigan
not now authorized to conduct business in the State of Michigan
possess all required licenses for the work being bid
limited liability corporation
The name, titles, and home addresses of all persons who are officers or partners in the organization are
as follows:
NAME AND TITLE

Signed this

HOME ADDRESS

day of

, 20
By

.
(Signature)

Printed Name of Signer

Title

LEGAL STATUS OF BIDDER

00 4345-1

ODW2036.01G

Section 00 4553
Build America, Buy America (BABA) Requirements
The Contractor acknowledges to and for the benefit of the Little Traverse Bay Bands of Odawa Indians
(“Owner”) and the State of Michigan (the “Funding Authority”) that it understands the goods and
services under this Agreement are being funded with federal monies and have statutory requirements
commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured
products, and construction materials used in the project to be produced in the United States (“Build
America, Buy America Requirements”) including iron and steel, manufactured products, and
construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby
represents and warrants to and for the benefit of the Owner and Funding Authority that (a) the
Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the
iron and steel, manufactured products, and construction materials used in the project will be and/or
have been produced in the United States in a manner that complies with the Build America, Buy America
Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any
further verified information, certification or assurance of compliance with this paragraph, or
information necessary to support a waiver of the Build America, Buy America Requirements, as may be
requested by the Owner or the Funding Authority. Notwithstanding any other provision of this
Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or
Funding Authority to recover as damages against the Contractor any loss, expense, or cost (including
without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such
failure (including without limitation any impairment or loss of funding, whether in whole or in part,
from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the
Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the
Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a
third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary
to give this paragraph force or effect) shall be amended or waived without the prior written consent of
the Funding Authority.

Build America, Buy America

00 4553-1

ODW2036.01G

Section 00 5100
Notice of Award
To:

Date:

, 20

Attention:
Project:

LTBBOI Governmental Complex, Youth Center

Pursuant to the provisions of Article 1.11 of the Instructions to Bidders, you are hereby notified that the
Little Traverse Bay Bands of Odawa Indians (OWNER) during a
,

, 20

amount of $

Meeting held on

, has directed the acceptance of your Bid for the above-referenced Project in the
(

). This project shall consist of

as delineated in your Bid submitted to the
on

.

Please comply with the following conditions within 15 days of the date of this Notice of Award; that is by
,
, 20
.
1.

Deliver to the ENGINEER
all the Contract Documents.

(

) fully executed counterparts of the Agreement including

2.

Deliver with the executed Agreement the Contract Security (Bonds), on the form included in the
Contract Documents, as specified in the General Conditions (Article 5).

3.

Deliver with the executed Agreement the Insurance Certificates (and other evidence of
insurance) as specified in the General Conditions (Article 5).

4.

Please do not date Agreement and Contract Security (Bonds), as these will be dated by the
OWNER when executed by him.

It is important to comply with these conditions and time limits as 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 two (2) fully
signed counterparts of the Agreement with the Contract Documents attached.
In accordance with paragraph 2.05 of the General Conditions, please submit to the ENGINEER the
required schedules prior to the scheduling of a Pre-Construction Meeting.
Copy to ENGINEER:
Wade Trim, Inc.
4241 Old US 27 South, Suite 1
Gaylord, Michigan 49735

(OWNER)

By:
(Authorized Signature)

NOTICE OF AWARD

00 5100-1

ODW2036.01G

Section 00 5200
Agreement
This Agreement, made and entered into this
day of
in the year 20
by and between the
L:ittle Traverse Bay Bands of Odawa Indians hereinafter called OWNER, and
hereinafter called CONTRACTOR, in consideration of the mutual
covenants hereinafter sent forth, agree as follows:
ARTICLE 1.

WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Construction of site improvement for a new Youth Center at the Little Traverse Bay Bands of Odawa
Indians Governmental Comple. Construction includes clearing, site grading, aggregate base, HMA
paving, concrete sidewalk, ADA ramp, pavement markings, onsite sewage disposal field, septic
tanks, sewage dosing pumps, forcemain, 6-inch watermain, blow-off hydrant, 1.5-inch water service,
landscaping, and site restoration.
ARTICLE 2.

CONTRACT TIME

2.1

The Work, except, HMA paving, pavt markings, sign, restoration and landscape work will be
substantially completed on or before January 21, 2027, and final completed by January 28, 2027.
The remainder of the work will be substantially completed on or before June 23, 2027, and ready
for final payment in accordance with paragraph 14.11 of the General Conditions on or before June
30, 2027.

2.2

Engineering and inspection costs incurred after the specified final completion date shall be paid by
the CONTRACTOR to the OWNER prior to final payment authorization. Charges shall be made at
such times and in such amounts as the ENGINEER shall invoice the OWNER, provided however said
charges shall be in accordance with the ENGINEER's current rate schedule at the time the costs are
incurred. The costs of ENGINEER incurred after the specified final completion date shall be
deducted from the CONTRACTOR's progress payments.

2.3

Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not Substantially Complete
within the time specified in Article 2.1 above for each phase, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
OWNER if the Work is not Substantially Complete on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as
penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that
expires after the time specified in Article 2.1 for each Substantial Completion date until the Work is
Substantially Complete for each phase. Liquidated damages charged shall be deducted from the
CONTRACTOR's progress payment.

ARTICLE 3.
3.1

CONTRACT PRICE

OWNER shall pay CONTRACTOR as provided in the attached Proposal for performance of the Work
in accordance with the Contract Documents.

ARTICLE 4.

PAYMENT PROCEDURES

Progress payments and retainage under this Contract are governed by the provisions of PA 1980, No. 524
(MCLA 125.1561 et seq.). That Act is incorporated herein by reference and made a part of this Contract.
AGREEMENT

00 5200-1

ODW2036.01G

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 CONTRACTOR who will submit written requests for progress payments
shall be:

4.2

The person representing OWNER to whom requests for progress payments are to be submitted
shall be:

4.3

CONTRACTOR's representative, listed above, shall submit Applications for Payment on the form
provided in the Contract Documents in accordance with Article 14 of the General Conditions.
Applications for Payment will be processed as provided in the General Conditions.

ARTICLE 5.

CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
5.1

CONTRACTOR has considered the nature and extent of the Contract Documents, Work, locality, and
all local conditions and federal, state and local laws, and regulations that may affect cost, progress,
performance, or furnishing 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 or performance of the Work
which were relied upon in the preparation of the Plans and Specifications and which have been
identified in the Supplementary Conditions.

5.3

CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of
such reports and related data in addition to those referred to in Article 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
purposes.

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 ENGINEER written notice of all conflicts, errors or discrepancies that he
has discovered in the Contract documents and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.

ARTICLE 6.

CONTRACT DOCUMENTS

The Contract Documents which comprise the entire Contract between OWNER and CONTRACTOR are
attached to this Agreement, made a part hereof and consists of the following:
6.1

Procurement Requirements (including Advertisement for Bids, Instructions to Bidders,
Supplementary Instructions to Bidders, Proposal, Legal Status of Bidder, and other documents listed
in the Table of Contents thereof).

6.2

This Agreement

6.3

Performance and other Bonds

6.4

Notice of Award

AGREEMENT

00 5200-2

ODW2036.01G

6.5

Notice to Proceed (if issued)

6.6

Conditions of the Contract (including General Conditions and Supplementary Conditions, if any)

6.7

Specifications contained within Division 01 through 49 of the Contract Documents dated August
2026.

6.8

Plans consisting of sheets dated August 21 and numbered C-001through L-003 inclusive with each
sheet bearing the following general title: Governmental Complex, Youth Center Site Improvements

6.9

Addenda numbers

6.10

Documentation submitted by CONTRACTOR prior to Notice of Award

6.11

Any Modification, including Change Orders, duly delivered after execution of Agreement.

ARTICLE 7.

to

, inclusive

MISCELLANEOUS

7.1

Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the
meanings indicated in the General 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, monies that may become due and monies 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 respect to all covenants, agreements and obligations contained in the Contract Documents.

7.4

Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.

AGREEMENT

00 5200-3

ODW2036.01G

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in
counterparts.
counterparts each have been delivered to OWNER and CONTRACTOR, one counterpart has been
delivered to the ENGINEER. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR.
This Agreement will be effective on

,

, 20

.

OWNER

CONTRACTOR

By

By

Attest

Attest

Address for giving notices

Address for giving notices

License No.
Agent for service of process:

AGREEMENT

00 5200-4

ODW2036.01G

Section 00 5500
Notice to Proceed
To:

Date:

, 20

Attention:
Project:
Please note 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. The dates of Substantial
Completion and Final Completion are set forth in the Agreement: they are
, and
,
respectively.
In accordance with paragraph 2.05 of the General Conditions, please submit to the ENGINEER the
required schedules prior to the scheduling of a Pre-Construction Meeting.
Also, in accordance with paragraph 2.05 of the General Conditions, please request a Pre-Construction
Meeting from the ENGINEER prior to delivery of any materials or start of any construction. A minimum
of three (3) full working days notice is required to set up the Pre-Construction Meeting. Also, please
notify the ENGINEER three (3) full working days in advance of any staking requirements or other
activity on the Project.
Work at the site must be started by
Copy to ENGINEER:
Wade Trim, Inc.
4241 Old US27 South, Suite 1
Gaylord, Michigan 49735

,

, 20

.

(OWNER)

By:
(Authorized Signature)

NOTICE TO PROCEED

00 5500-1

ODW2036.01G

Section 00 6112
Performance Bond
Bond No. ________
KNOW ALL BY THESE PRESENT, 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

, 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 CONDITIONS OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a
contract with the said Obligee, dated the _________ day of ____________________,

, for

.
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.

PERFORMANCE BOND

00 6112-1

ODW2036.01G

Signed and sealed this ____________ day of ________________________.
Signed, sealed and delivered in the presence of:
Witness for CONTRACTOR

(Principal)

(Title)

By

Witness for Surety

(Surety)

(Title)

By
Attorney-In-Fact (Seal)

Address

City

Telephone

PERFORMANCE BOND

Address of Surety

Zip Code

City

Zip Code

Telephone

00 6112-2

ODW2036.01G

Section 00 6113
Labor and Material Payment Bond
Bond No. ________
KNOW ALL BY THESE PRESENT, 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

, 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 CONDITIONS OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a
contract with the said Obligee, dated the _________ day of ____________________,

, 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.

LABOR AND MATERIAL
PAYMENT BOND

00 6113-1

ODW2036.01G

Signed and sealed this ____________ day of ________________________.
Signed, sealed and delivered in the presence of:

Witness for CONTRACTOR

(Principal)

(Title)

By

Witness for Surety

(Surety)

(Title)

By
Attorney-In-Fact (Seal)

Address

City

Telephone

LABOR AND MATERIAL
PAYMENT BOND

Address of Surety

Zip Code

City

Zip Code

Telephone

00 6113-2

ODW2036.01G

Section 00 6275
Engineer's Certificate for Payment
Job Number:

Certificate Number:

Date:

OWNER:
CONTRACTOR:
Project:
Contract Date:
Substantial Completion Date:

Extended To:

Completion Date:

Extended To:

Original Contract Price

Total Earned To Date

Adjustments to Quantities

Retention

Extras

Deductions

Total Change Orders

Total Withheld

Amended Contract Price

Total Net Due

Less Total Net Due

Less Previous Certificates

Balance on Contract

Total Balance Due this Certificate

ENGINEER'S CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents, based on the data comprising
the above application, the ENGINEER to the best of his knowledge,
information, and belief and subject to the limitations stated in the Contract
Documents certifies to the OWNER that: (1) Work has progressed to the
point indicated, (2) that the quality of the Work is in accordance with the
Contract Documents, and (3) the CONTRACTOR is entitled to payment of
the Total Balance Due This Certificate.
Certified

ENGINEER

ENGINEER’S CERTIFICATE FOR PAYMENT

Date

Recommended

00 6275-1

Date

ODW2036.01G

Section 00 6521
Prevailing Federal Wage Rate – Davis Bacon Act
Part 1
1.01

General
Summary

A.

P.L. 111-88 requires compliance with the Davis Bacon Act and adherence to the current U.S.
Department of Labor Wage Decision. Attention is called to the fact that not less than the
minimum salaries and wages as set forth in the Contract Documents (see Wage Decision
included herein) must be paid on this project. The Wage Decision, including modifications,
must be posted by the Contractor on the job site. A copy of the Federal Labor Standards
Provisions is included and is hereby a part of this contract.

B.

In case there is an omission of any trade from the list of wage and fringe benefit rates to
be paid to each class of mechanic by CONTRACTOR, it shall be understood that the
trades omitted shall also be paid not less than the wage and fringe benefit rates
prevailing in the locality in which the work is to be performed.

C.

A finding by the U.S. Department of Labor’s Wage and Hour Division that CONTRACTOR
or subcontractor is in violation of the requirements of the contract shall be final.

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section

See Appendix for Wage Rate Determination.

PREVAILING FEDERAL WAGE RATE
DAVIS BACON ACT

00 6521-1

ODW2036.01G

PREVAILING FEDERAL WAGE RATE
DAVIS BACON ACT

00 6521-2

ODW2036.01G

Section 00 7200
General Conditions
Article 1

Definitions .....................................................................................................................................................................5

1.01

Defined Terms ..................................................................................................................................................................5

1.02

Terminology ................................................................................................................................................................... 11

Article 2

Preliminary Matters ............................................................................................................................................... 11

2.01

Delivery of Bonds and Insurance .......................................................................................................................... 11

2.02

Copies of Documents .................................................................................................................................................. 11

2.03

Commencement of Contract Time; Notice to Proceed ................................................................................. 12

2.04

Starting the Project...................................................................................................................................................... 12

2.05

Preconstruction Meeting........................................................................................................................................... 12

2.06

Electronic Transmittals ............................................................................................................................................. 12

Article 3

Contract Documents Intent and Reuse .......................................................................................................... 13

3.01

Intent ................................................................................................................................................................................. 13

3.02

Reference to Standards and Specifications of Technical Societies ......................................................... 13

3.03

Reporting and Resolving Discrepancies ............................................................................................................. 14

3.04

Requirements of Contract Documents ................................................................................................................ 14

3.05

Order of Precedence ................................................................................................................................................... 15

3.06

Amending and Supplementing Contract Documents .................................................................................... 15

3.07

Reuse of Documents.................................................................................................................................................... 15

3.08

Electronic Data .............................................................................................................................................................. 16

Article 4

Availability of Lands; Subsurface and Physical Conditions; Reference Points ............................. 16

4.01

Availability of Lands ................................................................................................................................................... 16

4.02

Subsurface and Physical Conditions; Investigations and Reports .......................................................... 16

4.03

Unforeseen Physical Conditions ............................................................................................................................ 17

4.04

Utilities.............................................................................................................................................................................. 18

4.05

Reference Points ........................................................................................................................................................... 20

4.06

Constituents of Concern ............................................................................................................................................ 20

Article 5

Bonds and Insurance ............................................................................................................................................. 21

5.01

Performance and Other Bonds ............................................................................................................................... 21

5.02

Licensed Insurers and Sureties .............................................................................................................................. 22

5.03

Insurance ......................................................................................................................................................................... 22

5.04

Limits of Liability ......................................................................................................................................................... 24

5.05

Notice of Cancellation or Intent Not to Renew ................................................................................................ 24

5.06

Evidence of Coverage ................................................................................................................................................. 25

5.07

Qualification of Insurers............................................................................................................................................ 25

5.08

Damage Claims - Acknowledgment and Reports............................................................................................ 25

5.09

Cost of Insurance .......................................................................................................................................................... 25

5.10

Waiver of Rights ........................................................................................................................................................... 25

GENERAL CONDITIONS

00 7200-1

ODW2036.01G

5.11

Receipt and Application of Insurance Proceeds ............................................................................................. 26

Article 6

Contractor's Responsibilities ............................................................................................................................. 26

6.01

Supervision and Superintendence ........................................................................................................................ 26

6.02

Labor and Working Hours ........................................................................................................................................ 27

6.03

Services, Materials and Equipment ...................................................................................................................... 27

6.04

Substitutes and “Or-Equals” .................................................................................................................................... 27

6.05

Concerning Subcontractors ..................................................................................................................................... 29

6.06

Patent Fees and Royalties......................................................................................................................................... 30

6.07

Permits and Licenses .................................................................................................................................................. 31

6.08

Laws and Regulations................................................................................................................................................. 31

6.09

Taxes .................................................................................................................................................................................. 31

6.10

Use of Premises ............................................................................................................................................................. 31

6.11

Removal of Debris and Cleaning ............................................................................................................................ 32

6.12

Loading Structures ...................................................................................................................................................... 32

6.13

Protection of Utilities.................................................................................................................................................. 32

6.14

Record Documents ...................................................................................................................................................... 32

6.15

Safety and Protection ................................................................................................................................................. 32

6.16

Safety Representative................................................................................................................................................. 33

6.17

Hazard Communication Program.......................................................................................................................... 33

6.18

Emergencies ................................................................................................................................................................... 34

6.19

Shop Drawings and Samples ................................................................................................................................... 34

6.20

Submittal Procedures ................................................................................................................................................. 34

6.21

Engineer’s Review........................................................................................................................................................ 35

6.22

Continuing the Work .................................................................................................................................................. 35

6.23

Contractor’s General Warranty and Guarantee .............................................................................................. 36

6.24

Indemnification ............................................................................................................................................................. 36

6.25

Delegation of Professional Design Services ...................................................................................................... 38

Article 7

Work by Others ........................................................................................................................................................ 39

7.01

Related Work at Site ................................................................................................................................................... 39

Article 8

Owner's Responsibilities ..................................................................................................................................... 39

8.01

Communication to Contractor ................................................................................................................................ 39

8.02

Replacement of Engineer .......................................................................................................................................... 39

8.03

Furnishing Data............................................................................................................................................................. 39

8.04

Pay When Due................................................................................................................................................................ 40

8.05

Lands and Easements; Reports and Tests ......................................................................................................... 40

8.06

Change Orders ............................................................................................................................................................... 40

8.07

Inspections, Tests, and Approvals......................................................................................................................... 40

8.08

Limitation on Owner’s Responsibility ................................................................................................................. 40

8.09

Undisclosed Hazardous Materials......................................................................................................................... 40

GENERAL CONDITIONS

00 7200-2

ODW2036.01G

8.10

Owner’S Designated Representative ................................................................................................................... 40

Article 9

Engineer's Status During Construction ......................................................................................................... 40

9.01

Owner's Representative ............................................................................................................................................ 40

9.02

Visits to Site .................................................................................................................................................................... 40

9.03

Resident Project Representative ........................................................................................................................... 41

9.04

Clarifications and Interpretations......................................................................................................................... 42

9.05

Authorized Variations in Work - Field Order ................................................................................................... 42

9.06

Rejecting Defective Work ......................................................................................................................................... 43

9.07

Shop Drawings, Change Orders, and Payments .............................................................................................. 43

9.08

Determinations for Unit Price Work .................................................................................................................... 43

9.09

Decisions on Disagreements, Claims ................................................................................................................... 43

9.10

Limitations on Engineer's Responsibilities....................................................................................................... 43

Article 10

Amending the Contract Documents; Changes in the Work ................................................................... 44

10.01

Amending and Supplementing Contract Documents............................................................................... 44

10.02

Owner-Authorized Changes in the Work ...................................................................................................... 45

10.03

Unauthorized Changes in the Work ................................................................................................................ 46

10.04

Change of Contract Price ...................................................................................................................................... 46

10.05

Change of Contract Times.................................................................................................................................... 47

10.06

Change Proposals .................................................................................................................................................... 47

10.07

Execution of Change Orders ............................................................................................................................... 48

10.08

Notification to Surety ............................................................................................................................................ 49

Article 11

Claims ........................................................................................................................................................................... 49

11.01

Claims ........................................................................................................................................................................... 49

Article 12

Cost of the Work; Allowances; Unit Price Work ........................................................................................ 50

12.01

Cost of Work .............................................................................................................................................................. 50

12.02

Allowances ................................................................................................................................................................. 53

12.03

Unit Price Work ....................................................................................................................................................... 53

12.04

Delays in Contractor’s Progress ........................................................................................................................ 54

Article 13

Tests and Inspection; Correction, Removal or Acceptance of Defective Work ............................ 56

13.01

Access to Work ......................................................................................................................................................... 56

13.02

Tests and Inspections ............................................................................................................................................ 56

13.03

Uncovering Work .................................................................................................................................................... 57

13.04

Defective Work......................................................................................................................................................... 58

13.05

Owner May Stop the Work .................................................................................................................................. 58

13.06

Correction or Removal of Defective Work ................................................................................................... 58

13.07

Guarantee Period .................................................................................................................................................... 58

13.08

Acceptance of Defective Work ........................................................................................................................... 59

13.09

Owner May Correct Defective Work ............................................................................................................... 59

GENERAL CONDITIONS

00 7200-3

ODW2036.01G

Article 14

Payments to Contractor and Completion ..................................................................................................... 60

14.01

Schedules .................................................................................................................................................................... 60

14.02

Application for Progress Payment ................................................................................................................... 60

14.03

Retainage .................................................................................................................................................................... 61

14.04

Review of Applications for Progress Payment ........................................................................................... 61

14.05

Payment Becomes Due ......................................................................................................................................... 62

14.06

Contractor's Warranty of Title .......................................................................................................................... 63

14.07

Substantial Completion ........................................................................................................................................ 64

14.08

Partial Utilization .................................................................................................................................................... 64

14.09

Final Inspection ....................................................................................................................................................... 65

14.10

Final Application for Payment ........................................................................................................................... 66

14.11

Final Payment and Acceptance ......................................................................................................................... 66

14.12

Final Completion Delayed ................................................................................................................................... 67

14.13

Waiver of Claims...................................................................................................................................................... 67

14.14

Late Payments .......................................................................................................................................................... 67

Article 15

Suspension of Work and Termination ........................................................................................................... 67

15.01

Owner May Suspend Work ................................................................................................................................. 67

15.02

Owner May Terminate for Cause...................................................................................................................... 67

15.03

Termination for Convenience ............................................................................................................................ 69

15.04

Contractor May Stop Work or Terminate ..................................................................................................... 69

Article 16

Final Resolution of Disputes............................................................................................................................... 70

16.01

Methods and Procedures ..................................................................................................................................... 70

Article 17

Miscellaneous ........................................................................................................................................................... 70

17.01

Giving Notice ............................................................................................................................................................. 70

17.02

Computation of Time ............................................................................................................................................. 71

17.03

General......................................................................................................................................................................... 71

17.04

Professional Fees and Court Costs Included ............................................................................................... 71

17.05

Nondiscrimination of Employment ................................................................................................................. 71

17.06

Post Completion Date Engineering and Inspection Costs...................................................................... 71

17.07

Waiver of Consequential Damages .................................................................................................................. 72

17.08

No Waiver ................................................................................................................................................................... 72

17.09

Controlling Law........................................................................................................................................................ 72

17.10

Headings ..................................................................................................................................................................... 72

GENERAL CONDITIONS

00 7200-4

ODW2036.01G

Article 1

Definitions

1.01

Defined Terms

A.

Wherever used in these General Conditions or in the other Contract Documents,
the following terms have the meanings indicated which are applicable to both the
singular and plural thereof:
1.

Addenda -- Written or graphic instruments issued prior to the opening of
Bids which clarify, correct or change the Contract Documents.

2.

Agreement -- The written Agreement between OWNER and
CONTRACTOR covering the Work to be performed; other Contract
Documents are attached to the Agreement and made a part thereof as
provided therein.

3.

Application and Certificate for Payment -- The form included in the
Contract Documents which is to be used by CONTRACTOR in requesting
progress or final payment and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.

4.

Bid -- The offer or proposal of the bidder submitted on the prescribed
form setting forth the price(s) for the Work to be performed.

5.

Bidding Requirements -- The Advertisement for Bids, Instructions to
Bidders, Supplementary Instructions to Bidders, Proposal, Legal Status of
Bidder, Bid Bond, and any other documents identified in the Proposal, to
be submitted with the Bid.

6.

Bonds -- Bid, Performance and Payment bonds and other instruments of
security.

7.

Change Order -- A written order to CONTRACTOR, reviewed by the
ENGINEER and signed by OWNER, issued after execution of the Contract,
authorizing a change in the Work or an adjustment in the Contract Price
or the Contract Time. The Contract Price and Contract Time may be
changed only by Change Order. A Change Order signed by CONTRACTOR
indicates his agreement therewith, including that the Change Order
constitutes a final adjustment in the Contract Price or Contract Time for
all issues addressed or described in the Change Order.

8.

Change Proposal -- A written request by CONTRACTOR, duly submitted
in compliance with the procedural requirements set forth herein, seeking
an adjustment in Contract Price or Contract Times; contesting an initial
decision by ENGINEER concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
challenging a set-off against payments due; or seeking other relief with
respect to the terms of the Contract.

9.

Claims -a.

GENERAL CONDITIONS

A demand or assertion by OWNER directly to CONTRACTOR, duly
submitted in compliance with the procedural requirements set
forth herein, seeking an adjustment of Contract Price or Contract
Times; contesting an initial decision by ENGINEER concerning
the requirements of the Contract Documents or the acceptability
of Work under the Contract Documents; contesting ENGINEER’s
decision regarding a Change Proposal; seeking resolution of a
contractual issue that ENGINEER has declined to address; or
seeking other relief with respect to the terms of the Contract.
00 7200-5

ODW2036.01G

GENERAL CONDITIONS

b.

A demand or assertion by CONTRACTOR directly to OWNER, duly
submitted in compliance with the procedural requirements set
forth herein, contesting ENGINEER’s decision regarding a Change
Proposal, or seeking resolution of a contractual issue that
ENGINEER has declined to address.

c.

A demand or assertion by OWNER or CONTRACTOR, duly
submitted in compliance with the procedural requirements set
forth herein, arising after ENGINEER has issued a
recommendation of final payment.

d.

A demand for money or services by a third party is not a Claim.

10.

Constituents of Concern -- Asbestos, petroleum, radioactive materials,
polychlorinated biphenyls (PCBs), lead-based paint (as defined by the
HUD/EPA standard), hazardous waste, and any substance, product,
waste, or other material of any nature whatsoever that is or becomes
listed, regulated, or addressed pursuant to Laws and Regulations
regulating, relating to, or imposing liability or standards of conduct
concerning, any hazardous, toxic, or dangerous waste, substance, or
material.

11.

Contract -- The entire and integrated written contract between OWNER
and CONTRACTOR concerning the Work

12.

Contract Documents -- Those items so designated in the Agreement, and
which together comprise the Contract.

13.

Contract Price -- The monies or other considerations payable by OWNER
to CONTRACTOR for completion of acceptable Work in accordance with
the Contract Documents as stated in the Agreement.

14.

Contract Time -- The number of days or the date stated in the Agreement:
a.

to achieve Substantial Completion of all or any specified portions
of the Work, and;

b.

to complete the Work so that it is ready for final payment as
evidenced by ENGINEER’s written recommendation of final
payment in accordance with paragraph 14.11.

15.

CONTRACTOR -- The person, firm or corporation with whom OWNER has
entered into the Agreement.

16.

Cost of the Work -- The term Cost of the Work means the sum of all costs
necessary for the proper performance of the Work at issue, as further
defined in paragraph 12.01.

17.

Day -- A calendar day of 24 hours measured from midnight to the next
midnight.

18.

Defective -- An adjective which when modifying the word Work refers to
Work that is unsatisfactory, faulty or deficient, in that it does not conform
to the Contract Documents or does not meet the requirements of any
inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGINEER's
recommendation of final payment.

19.

Drawings -- See Plans.

00 7200-6

ODW2036.01G

GENERAL CONDITIONS

20.

Effective Date of Agreement -- The date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the
date on which the Agreement is signed and delivered by the last of the
two parties to sign and deliver.

21.

Electronic Document -- Any Project-related correspondence,
attachments to correspondence, data, documents, drawings, information,
or graphics, including but not limited to Shop Drawings and other
Submittals, that are in an electronic or digital format.

22.

Electronic Means -- Electronic mail (email), upload/download from a
secure Project website, or other communications methods that allow:
a.

the transmission or communication of Electronic Documents;

b.

the documentation of transmissions, including sending and
receipt;

c.

printing of the transmitted Electronic Document by the recipient;

d.

the storage and archiving of the Electronic Document by sender
and recipient; and

e.

the use by recipient of the Electronic Document for purposes
permitted by this Contract. Electronic Means does not include the
use of text messaging, or of Facebook, Twitter, Instagram, or
similar social media services for transmission of Electronic
Documents.

23.

ENGINEER -- The person, firm, or corporation identified in the
Supplementary Instructions to Bidders hired by OWNER to prepare Plans
and Specifications for the Project and to assist OWNER in interpreting
Plans and Specifications during the performance of the Work.
ENGINEER’s authority and responsibility are set forth in the Contract
between OWNER and ENGINEER. CONTRACTOR acknowledges and
agrees that ENGINEER’s obligations and duties under ENGINEER’s
contract with OWNER are obligations and duties to OWNER only, and
ENGINEER has no independent obligation to CONTRACTOR of any kind,
including but not limited to providing services, or to take any action or to
refrain from taking action on behalf of CONTRACTOR or any
Subcontractor, Sub-Subcontractor or Supplier.

24.

Field Order -- A written order issued by ENGINEER which clarifies or
interprets the Contract Documents or orders minor changes in the Work
in accordance with paragraphs 9.04 and 9.05 but which does not involve
a change in the Contract Price or the Contract Time.

25.

Hazardous Environmental Conditions -- The presence at the Site of
Constituents of Concern in such quantities or circumstances that may
present a danger to persons or property exposed thereto.
a.

The presence at the Site of materials that are necessary for the
execution of the Work, or that are to be incorporated into the
Work, and that are controlled and contained pursuant to industry
practices, Laws and Regulations, and the requirements of the
Contract, is not a Hazardous Environmental Condition.

b.

The presence of Constituents of Concern that are to be removed
or remediated as part of the Work is not a Hazardous
Environmental Condition.
00 7200-7

ODW2036.01G

c.

GENERAL CONDITIONS

The presence of Constituents of Concern as part of the routine,
anticipated, and obvious working conditions at the Site, is not a
Hazardous Environmental Condition.

26.

Laws and Regulations; Laws or Regulations Any and all applicable laws,
rules, regulations, ordinances, codes and orders of any and all
governmental bodies, agencies, authorities and courts having
jurisdiction.

27.

Lump Sum -- Construction Work where the OWNER pays a single
stipulate price (Lump Sum) for the entire scope of Work; plus or minus
alternates and/or allowances. However, unit prices may be required for
individual items of Work for the purposes of changes, additions, or
deletions.

28.

Milestone -- A principal event specified in the Contract Documents
relating to an intermediate completion date or time prior to Substantial
Completion of the Work.

29.

Notice of Award -- The written notice by OWNER to the apparent
successful Bidder stating that, upon compliance by the apparent
successful Bidder with the conditions precedent enumerated therein,
within the time specified, OWNER will sign and deliver the Agreement.

30.

Notice to Proceed -- A written notice given by OWNER to CONTRACTOR
(with a copy to ENGINEER) fixing the date on which the Contract Time
will commence to run and on which CONTRACTOR shall start to perform
his obligation under the Contract Documents.

31.

OWNER -- The public body or authority, corporation, limited liability
company, association, partnership, or individual with whom
CONTRACTOR has entered into the Agreement and for whom the Work
is to be provided and as identified in the Supplementary Instructions to
Bidders.

32.

Partial Utilization -- Use by OWNER of a substantially completed part of
the Work for the purpose for which it is intended (or a related purpose)
prior to Substantial Completion of all the Work.

33.

Plans -- The part of the Contract Documents which graphically show the
extent, character and Scope of the Work to be furnished and performed
by CONTRACTOR and which have been prepared or approved by the
ENGINEER or OWNER; sometimes also referred to as Drawings.

34.

Progress Schedule -- A schedule, prepared and maintained by
CONTRACTOR, describing the sequence and duration of the activities
comprising CONTRACTOR’s plan to accomplish the Work within the
Contract Times.

35.

Project -- The total construction of which the Work to be provided under
the Contract Documents may be the whole or a part as indicated
elsewhere in the Contract Documents.

36.

Project Manual -- The volume assembled for the Project which may
include, among other parts, Procurement Requirements, Contracting
Requirements and Specifications.

37.

Proposal -- The offer or bid of the Bidder submitted on the prescribed
form setting forth the prices for the Work to be performed.

38.

Radioactive Material -- Source, special nuclear, or byproduct material as
defined by the Atomic Energy Act of 1954 as amended.
00 7200-8

ODW2036.01G

GENERAL CONDITIONS

39.

Resident Project Representative -- The authorized representative of
ENGINEER who may be assigned to the Site or any part thereof.

40.

Samples -- Physical examples of materials, equipment, or workmanship
that are representative of some portion of the Work and which establish
the standards by which such portion of the Work will be judged.

41.

Schedule of Submittals -- A schedule, prepared and maintained by
CONTRACTOR, of required Submittals and the time requirements for
ENGINEER’s review of the Submittals.

42.

Schedule of Values -- A schedule, prepared and maintained by
CONTRACTOR, allocating portions of the Contract Price to various
portions of the Work and used as the basis for reviewing CONTRACTOR’s
Applications for Payment.

43.

Shop Drawings -- All drawings, diagrams, illustrations, schedules and
other data or information required by the Contract Documents which are
specifically prepared or assembled by or for CONTRACTOR and
submitted by CONTRACTOR to illustrate material or equipment for some
portion of the Work.

44.

Site -- Lands or areas indicated in the Contract Documents as being
furnished by OWNER upon which the Work is to be performed, including
rights-of-way and easements, and such other lands or areas furnished by
OWNER which are designated for the use of CONTRACTOR.

45.

Specifications -- That part of the Contract Documents which consist of
written technical descriptions of materials, equipment, construction
systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
a.

Project Specifications are those portions of the Contract
Documents which have been prepared specifically for this
Project and which are identified by the job number in the lower
right-hand corner of each page.

b.

Standard Specifications are Specification sections that are the
same from Project to Project as of the revision date shown in the
lower left-hand corner of the page.

c.

Standard Specification Section Revisions -- Section 00 9120 of the
Specifications which amends or supplements the Standard
Specification Sections.

46.

Subcontractor -- An individual, firm or corporation having a direct
contract with CONTRACTOR or with any other Subcontractor for the
performance of a part of the Work at the Site.

47.

Submittal -- A written or graphic document, prepared by or for
CONTRACTOR, which the Contract Documents require CONTRACTOR to
submit to ENGINEER, or that is indicated as a Submittal in the Schedule
of Submittals accepted by ENGINEER. Submittals may include Shop
Drawings and Samples; schedules; product data; OWNER-delegated
designs; sustainable design information; information on special
procedures; testing plans; results of tests and evaluations, source qualitycontrol testing and inspections, and field or Site quality-control testing
and inspections; warranties and certifications; Suppliers’ instructions
and reports; records of delivery of spare parts and tools; operations and
maintenance data; Project photographic documentation; record
00 7200-9

ODW2036.01G

documents; and other such documents required by the Contract
Documents. Submittals, whether or not approved or accepted by
ENGINEER, are not Contract Documents. Change Proposals, Change
Orders, Claims, notices, Applications for Payment, and requests for
interpretation or clarification are not Submittals.

GENERAL CONDITIONS

48.

Substantial Completion -- The Work (or a specified part thereof) has
progressed to the point where, in the opinion of ENGINEER as evidenced
by the Certificate of Substantial Completion, it is sufficiently complete, in
accordance with the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it was intended; or if no
such certificate is issued, when the Work is complete and ready for final
payment as evidenced by ENGINEER’s written recommendation of final
payment in accordance with paragraph 14.11. The terms "substantially
complete" and "substantially completed" as applied to all or part of the
Work refer to Substantial Completion thereof.

49.

Supplementary Conditions -- The part of the Contract Documents which
amends or supplements these General Conditions.

50.

Supplementary Instructions to Bidders -- The part of the Contract
Documents which amends or supplements the Instructions to Bidders.

51.

Supplier -- A manufacturer, fabricator, supplier, distributor, material
man, or vendor having a direct contract with CONTRACTOR, or with any
Subcontractor, or with OWNER, to furnish materials or equipment to be
incorporated in the Work by CONTRACTOR or any Subcontractor.

52.

Unit Price -- Construction Work where the OWNER pays a fixed sum (Unit
Price) per each completed unit of Work. Units are listed on the Proposal
Form.

53.

Utilities – Underground or above ground pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other such facilities or
attachments, and any structures or encasements containing such
facilities, which have been installed to furnish any of the following
services or materials: electricity, gases, steam, liquid petroleum products,
telephone or other communications, cable television, sewage and
drainage removal, traffic or other control systems, water or other liquids
or chemicals.

54.

Work -- The entire completed construction or the various separately
identifiable parts thereof required to be furnished under the Contract
Documents. Work includes and is the result of performing or furnishing
labor and furnishing and incorporating materials and equipment into the
construction, and performing or furnishing services and furnishing
documents, all as required by the Contract Documents.

55.

Work Change Directive -- A written directive to CONTRACTOR, issued on
or after the Effective Date of the Agreement and signed by OWNER and
reviewed by ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph 4.03 or to
emergencies under paragraph 6.18. A Work Change Directive will not
change the Contract Price or Contract Time but is evidence that the
parties expect that the change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Time as provided in paragraph 10.01.
00 7200-10

ODW2036.01G

1.02

Terminology

A.

B.

Article 2

The following words, terms, or phrases are not defined but, when used in the
Contract Documents, have the following meaning:
1.

Whenever in the Contract Documents the terms “as ordered,” “as
directed,” “as required,” “as allowed,” “as approved” or terms of like effect
or import are used; or the adjectives “reasonable,” “suitable,”
“acceptable,” “proper” or “satisfactory” or adjectives of like effect or
import are used to describe a requirement, direction, review or judgment
of ENGINEER as to the Work, it is intended that such requirement,
direction, review or judgment will be solely to evaluate, in general, the
completed Work for compliance with the technical requirements of and
information in the Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a specific statement
indicating otherwise). The use of any such term or adjective shall not be
effective to assign to ENGINEER any duty or authority to supervise or
direct the furnishing or performance of the Work or any duty or authority
to undertake responsibility contrary to the provisions of paragraph 9.10
or any other provision of the Contract Documents.

2.

The word “furnish,” when used in connection with services, materials, or
equipment, shall mean to supply and deliver said services, materials, or
equipment to the Site (or some other specified location) ready for use or
installation and in usable or operable condition.

3.

The word “install,” when used in connection with services, materials, or
equipment, shall mean to put into use or place in final position said
services, materials, or equipment complete and ready for intended use.

4.

The words “perform” or “provide,” when used in connection with
services, materials, or equipment, shall mean to furnish and install said
services, materials, or equipment complete and ready for intended use.

5.

When “furnish,” “install,” “perform,” or “provide” is not used in
connection with services, materials, or equipment in a context clearly
requiring an obligation of CONTRACTOR, “provide” is implied.

Unless stated otherwise in the Contract Documents, words or phrases which have
a well-known technical or construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized meaning.

Preliminary Matters

2.01

Delivery of Bonds and Insurance

A.

2.02

When CONTRACTOR delivers the executed Agreements to OWNER,
CONTRACTOR shall also deliver to OWNER such Bonds and Insurance Certificates
and other evidence of Insurance requested as CONTRACTOR may be required to
furnish in accordance with Article 5. No Work at the site may begin or progress
payments made to CONTRACTOR until all Bonds and Insurance Certificates in the
form and substance required in Article 5 have been submitted and approved by
OWNER.

Copies of Documents

A.

GENERAL CONDITIONS

OWNER shall furnish to CONTRACTOR up to 5copies of the Contract Documents
(including at least one fully signed counterpart of the Agreement) as are
reasonably necessary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
00 7200-11

ODW2036.01G

2.03

Commencement of Contract Time; Notice to Proceed

A.

2.04

Starting the Project

A.

2.05

CONTRACTOR shall start to perform the Work within 10 days of when the
Contract Time commences to run, but no Work shall be done at the Site prior to
the date on which the Contract Time commences to run. CONTRACTOR shall
notify the ENGINEER at least 3 working days in advance of the time he intends to
start Work.

Preconstruction Meeting

A.

Within 10 days of the Effective Date of the Agreement and prior to the delivery of
materials or the start of any construction, the CONTRACTOR shall request a
Preconstruction Meeting from ENGINEER. A minimum of 3 full working days'
notice shall be required.

B.

Prior to the scheduling of the Preconstruction Meeting, CONTRACTOR shall
submit to ENGINEER for review:

C.

2.06

Time is of the essence in the performance of the Work. The Contract Time will
commence to run on the 30th day after the effective date of the Agreement, or, if
a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the effective date
of the Agreement. In no event will the Contract Time commence to run later than
the 30th day after the effective date of the Agreement. Time limits stated in the
Contract Documents are of the essence of the Agreement.

1.

A preliminary Progress Schedule indicating the starting and completion
dates of the various stages of the Work, including any Milestones
specified in the Contract Documents;

2.

A preliminary Schedule of Submittals which will list each required
Submittal and the times for submitting, reviewing and processing such
Submittal;

3.

An estimated monthly payment schedule, and a preliminary Schedule of
Values for all of the Work.

The Preconstruction Meeting will be held for review and acceptance of the
schedules, to establish procedures for handling Shop Drawings and other
Submittals, for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work.

Electronic Transmittals

A.

Except as otherwise stated elsewhere in the Contract, the OWNER, ENGINEER,
and CONTRACTOR may send, and shall accept, Electronic Documents transmitted
by Electronic Means.

B.

If the Contract does not establish protocols for Electronic Means, then OWNER,
ENGINEER, and CONTRACTOR shall jointly develop such protocols.

C.

Subject to any governing protocols for Electronic Means, when transmitting
Electronic Documents by Electronic Means, the transmitting party makes no
representations as to long-term compatibility, usability, or readability of the
Electronic Documents resulting from the recipient’s use of software application
packages, operating systems, or computer hardware differing from those used in
the drafting or transmittal of the Electronic Documents.

GENERAL CONDITIONS

00 7200-12

ODW2036.01G

Article 3

Contract Documents Intent and Reuse

3.01

3.02

Intent

A.

The Contract Documents are complementary; what is required by one Contract
Document is as binding as if required by all.

B.

It is the intent of the Contract Documents to describe a functionally complete
Project (or part thereof) to be constructed in accordance with the Contract
Documents.

C.

Unless otherwise stated in the Contract Documents, if there is a discrepancy
between the electronic versions of the Contract Documents (including any
printed copies derived from such electronic versions) and the printed record
version, the printed record version will govern.

D.

The Contract supersedes prior negotiations, representations, and agreements,
whether written or oral.

E.

ENGINEER will issue clarifications and interpretations of the Contract Documents
as provided herein.

F.

Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation will be deemed stricken, and all remaining
provisions will continue to be valid and binding upon OWNER and CONTRACTOR,
which agree that the Contract Documents will be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the stricken provision.

G.

Nothing in the Contract Documents creates:
1.

any contractual relationship between OWNER or ENGINEER and any
Subcontractor, Supplier, or other individual or entity performing or
furnishing any of the Work, for the benefit of such Subcontractor,
Supplier, or other individual or entity; or

2.

any obligation on the part of OWNER or ENGINEER to pay or to see to the
payment of any money due any such Subcontractor, Supplier, or other
individual or entity, except as may otherwise be required by Laws and
Regulations; or

3.

any obligation on the part of ENGINEER to CONTRACTOR.

Reference to Standards and Specifications of Technical Societies

A.

Reference to standards, specifications, manuals or codes of any technical society,
organization or association, or to the Laws or Regulations of any governmental
authority, whether such reference be specific or by implication, shall mean the
latest standard, specification, manual, or Laws or Regulations in effect at the time
of opening of Bids or, on the effective date of the Agreement if there were no Bids,
except as may be otherwise specifically stated in the Contract Documents.

B.

It is the intent of the Contract Documents to describe a functionally complete
project (or part thereof) to be constructed in accordance with the Contract
Documents. Any Work, materials, or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or trade usage as being
required to produce the intended result shall be furnished and performed
whether or not it is specifically called for.

GENERAL CONDITIONS

00 7200-13

ODW2036.01G

C.

3.03

3.04

No provision of any standard, specification, manual, code or instruction shall be
effective to change the duties and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their Subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall it be effective to assign
to OWNER, ENGINEER or any of ENGINEER’s consultants, agents or employees,
any duty or authority to supervise or direct the furnishing or performance of the
Work or any duty or authority to undertake responsibility inconsistent with the
provisions of paragraph 9.10 or any other provision of the Contract Documents.

Reporting and Resolving Discrepancies

A.

Before undertaking each part of the Work, CONTRACTOR shall carefully study
and compare the Contract Documents and check and verify pertinent figures
therein and all applicable field measurements. CONTRACTOR has a duty to and
shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or
discrepancy which CONTRACTOR should reasonably have discovered and shall
obtain a written interpretation or clarification from ENGINEER before
proceeding with any Work affected thereby.

B.

If, during the performance of the Work, CONTRACTOR discovers any conflict,
error, ambiguity or discrepancy within the Contract Documents or between the
Contract Documents and any provision of any Law or Regulation applicable to the
performance of the Work or of any standard, specification, manual or code, or of
any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in
writing at once, and, CONTRACTOR shall not proceed with the Work affected
thereby (except in an emergency as authorized by paragraph 6.18) until receiving
written instruction or clarification from ENGINEER or OWNER. However,
CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report
any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or
reasonably should have known thereof.

C.

Except as otherwise specifically stated in the Contract Documents or as may be
provided by amendment or supplement issued by one of the methods indicated
in paragraph 3.05, the provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity or discrepancy between the
provisions of the Contract Documents and;
1.

the provisions of any standard, specification, manual, code or instruction
(whether or not specifically incorporated by reference in the Contract
Documents); or

2.

the provisions of any Laws or Regulations applicable to the performance
of the Work (unless such an interpretation of the provisions of the
Contract Documents would result in violation of such Law or Regulation).

Requirements of Contract Documents

A.

GENERAL CONDITIONS

During the performance of the Work and until final payment, CONTRACTOR and
OWNER shall submit to the ENGINEER in writing all matters in question
concerning the requirements of the Contract Documents (sometimes referred to
as requests for information or interpretation—RFIs), or relating to the
acceptability of the Work under the Contract Documents, as soon as possible after
such matters arise. ENGINEER will be the initial interpreter of the requirements
of the Contract Documents, and judge of the acceptability of the Work.

00 7200-14

ODW2036.01G

3.05

B.

ENGINEER will, with reasonable promptness, render a written clarification,
interpretation, or decision on the issue submitted, or initiate an amendment or
supplement to the Contract Documents. ENGINEER’s written clarification,
interpretation, or decision will be final and binding on CONTRACTOR, unless it
appeals by submitting a Change Proposal, and on OWNER, unless it appeals by
filing a Claim.

C.

If a submitted matter in question concerns terms and conditions of the Contract
Documents that do not involve

2.

the design (as set forth in the Drawings, Specifications, or otherwise), or

3.

other engineering or technical matters, then ENGINEER will promptly
notify OWNER and CONTRACTOR in writing that ENGINEER is unable to
provide a decision or interpretation. If OWNER and CONTRACTOR are
unable to agree on resolution of such a matter in question, either party
may pursue resolution as provided in paragraph 11.01.

In resolving conflicts, errors or discrepancies between Plans and Specifications,
1.

figured dimensions shall govern over scaled dimensions;

2.

Plans shall govern over Standard Specifications;

3.

and Project Specifications shall govern over Standard Specifications and
Plans.

Amending and Supplementing Contract Documents

A.

B.

3.07

the performance or acceptability of the Work under the Contract
Documents,

Order of Precedence

A.

3.06

1.

The Contract Documents may be amended to provide for additions, deletions and
revisions in the Work or to modify the terms and conditions thereof in one or
more of the following ways:
1.

a Field Order (pursuant to paragraph 9.05), or,

2.

a Change Order (pursuant to paragraph 10.01.A.1), or

3.

a Work Change Directive Order (pursuant to paragraph 10.01.A.2)

In addition, the requirements of the Contract Documents may be supplemented,
and minor variations and deviations in the Work may be authorized, in one or
more of the following ways:
1.

a Field Order (pursuant to paragraph 9.05),

2.

ENGINEER’s review of a Shop Drawing or Sample (pursuant to paragraph
6.21), or

3.

ENGINEER’s written interpretation or clarification (pursuant to
paragraph 9.04).

Reuse of Documents

A.

Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, Supplier,
distributor, or other person or organization performing or furnishing any of the
Work under a direct or indirect contract with OWNER:
1.

GENERAL CONDITIONS

shall have or acquire any title to or ownership rights in any of the Plans,
Specifications, or other documents (or copies of any thereof) prepared by
or bearing the seal of ENGINEER or ENGINEER’s Consultant, and
00 7200-15

ODW2036.01G

2.

3.08

Article 4

they shall not reuse any of such Plans, Specification, other documents or
copies on extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written verification or
adaptation by ENGINEER.

Electronic Data

A.

Except as otherwise stated elsewhere in the Contract Documents, OWNER,
ENGINEER and CONTRACTOR may transmit, and shall accept, Project-related
correspondence, text, data, documents, drawings, information and graphics,
including but not limited to Shop Drawings and other Submittals, in electronic
media or digital format, either directly or through access to a secure Project
website.

B.

When transferring documents in electronic media format, the transferring party
makes no representations as to long term compatibility, usability, or readability
of documents resulting from the use of software application packages, operating
systems, or computer hardware differing from those used by the data’s creator.

Availability of Lands; Subsurface and Physical Conditions; Reference Points

4.01

Availability of Lands

A.

4.02

OWNER shall furnish, as indicated in the Contract Documents and not later than
the established date for beginning Work on the Contract, the lands upon which
the Work is to be performed, rights of way and easements for access thereto, and
such other lands which are designated for the use of CONTRACTOR. OWNER shall
identify any encumbrances or restrictions not of general application but
specifically related to use of lands so furnished with which CONTRACTOR will
have to comply in performing the Work. Easements for permanent structures or
permanent changes in existing facilities will be obtained and paid for by OWNER,
unless otherwise provided in the Contract Documents. CONTRACTOR shall
provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment unless
otherwise provided in the Contract Documents.

Subsurface and Physical Conditions; Investigations and Reports

A.

Reference is made to the Supplementary Conditions for identification of those
reports of investigations and tests of subsurface and physical conditions at the
Site or otherwise affecting cost, progress or performance of the Work which have
been reviewed in preparation of the Contract Documents. Such reports are not
guaranteed as to accuracy or completeness and are not part of the Contract
Documents.

B.

The locations of utilities or other physical conditions relating to existing surface
or subsurface structures at or contiguous to the Site as shown on the Plans are
taken from drawings from sources believed to be reliable. Neither the OWNER
nor ENGINEER will be responsible for any omissions of, or variations from, the
indicated location of existing utilities which may be encountered in the Work.

C.

CONTRACTOR shall draw its own conclusions as to the general accuracy of the
“technical data” contained in such reports and drawings, and confirms such
reports and drawings are not Contract Documents. CONTRACTOR may not rely
upon or make any Claim against OWNER, ENGINEER or any of ENGINEER’s
Consultants with respect to:

GENERAL CONDITIONS

00 7200-16

ODW2036.01G

2.

4.03

a.

the completeness of such reports and drawings for
CONTRACTOR’s purposes, including, but not limited to, any
aspects of the means, methods, techniques, sequences and
procedures of construction to be employed by CONTRACTOR and
safety precautions and programs incident thereto, or

b.

other data, interpretations, opinions and information contained
in such reports or shown or indicated in such drawings, or

c.

any CONTRACTOR interpretation of or conclusion drawn from
any “technical data” or any such data, interpretations, opinions
or information.

The cost of all the following will be included in the Contract Price and
CONTRACTOR shall have full responsibility for:
a.

reviewing and checking all such information and data,

b.

locating all Utilities during construction,

c.

coordination of the Work with the owners of such Utilities, and

d.

the safety and protection of all such Ut

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Acba91a9323b27547. Public record. Not legal advice.