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<PAGE>
EXHIBIT 10.23
1997 EDITION
AIA DOCUMENT A101-1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT made as of the Third day of December
in the year 2004
(In words, indicate day, month and year)
BETWEEN the Owner: Mercantile Bank of West Michigan
(Name, address and other information) 5650 Byron Center Avenue
Wyoming, MI 49509
and the Contractor: Rockford Construction Company, Inc.
(Name, address and other information) 8165 Graphic Drive Belmont, MI 49306
The Project is: Mercantile Bank of West Michigan
(Name and location) Holland Main Office
880 East 16th Street
Holland, MI
The Architect is: Concept Design Group
(Name, address and other information) 89 Monroe Center
Grand Rapids, MI 49503
The Owner and Contractor agree as follows.
This document has important legal consequences. Consultation with an attorney is
encouraged with respect to its completion or modification.
AIA Document A201-1997, General Conditions of the Contract for Construction, is
adopted in this document by reference. Do not use with other general conditions
unless this document is modified.
This document has been approved and endorsed by The Associated General
Contractors of America.
[LOGO]
(C) 1997 AIA (R)
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR
AGREEMENT
The American Institute
of Architects 1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
--------------------------------------------------------------------------------
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977,
1987, (C) 1997 by The American Institute of Architects. Reproduction of the
material herein or substantial quotation of its provisions without written
permission of the AIA violates the copyright laws of the United States and will
subject the violator to legal prosecution.
WARNING: UNLICENSED PHOTOCOPYING VIOLATES U.S. COPYRIGHT LAWS AND WILL SUBJECT
THE VIOLATOR TO LEGAL PROSECUTION.
1
<PAGE>
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the
Contract (General, Supplementary and other Conditions), Drawings,
Specifications, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution
of this Agreement; these form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto
and supersedes prior negotiations, representations or agreements, either
written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract
Documents, except to the extent specifically indicated in the Contract
Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this
Agreement unless a different date is stated below or provision is made for
the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this
Agreement or, if applicable, state that the date will be fixed in a notice
to proceed.)
If, prior to the commencement of the Work, the Owner requires time to file
mortgages, mechanic's liens and other security interests, the Owner's time
requirement shall be as follows:
3.2 The Contract Time shall be measured from the date of commencement.
December 5, 2003
3.3 The Contractor shall achieve Substantial Completion of the entire Work
not later than September 10, 2004 days from the date of commencement, or as
follows:
(Insert number of calendar days. Alternatively, a calendar date may be used
when coordinated with the date of commencement. Unless stated elsewhere in
the Contract Documents, insert any requirements for earlier Substantial
Completion of certain portions of the Work.)
Per Exhibit "C"
, subject to adjustments of this Contract Time as provided in the Contract
Documents.
(Insert provisions, if any, for liquidated damages relating to failure to
complete on time or for bonus payments for early completion of the Work.)
[LOGO]
(C) 1997 AIA (R)
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR
AGREEMENT
The American Institute
of Architects 1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: UNLICENSED PHOTOCOPYING VIOLATES U.S. COPYRIGHT LAWS AND WILL SUBJECT
THE VIOLATOR TO LEGAL PROSECUTION.
2
<PAGE>
ARTICLE 4 CONTRACT SUM
4.1 The Owner shall pay the Contractor the Contract Sum in current funds
for the Contractor's performance of the Contract. The Contract Sum shall be
Three million, eighty one thousand, seven hundred seventy two
Dollars($3,081,772 ), 30 dollars and thirty cents subject to additions and
deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which
are described in the Contract Documents and are hereby accepted by the
Owner:
(State the numbers or other identification of accepted alternates. If
decisions on other alternates are to be made by the Owner subsequent to the
execution of this Agreement, attach a schedule of such other alternates
showing the amount for each and the date when that amount expires.)
See Attached Contract Sum Exhibit "B"
4.3 Unit prices, if any, are as follows:
See Attached Bid Form Exhibit "B"
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the Owner
shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one
calendar month ending on the last day of the month, or as follows:
5.1.3 Provided that an Application for Payment is received by the Architect
not later than the Thirtieth day of a month, the Owner shall make payment
to the Contractor not later than the Thirtieth day of the Following month.
If an Application for Payment is received by the Architect after the
application date fixed above, payment shall be made by the Owner not later
than Thirty (30) days after the Architect receives the Application for
Payment.
5.1.4 Each Application for Payment shall be based on the most recent
schedule of values submitted by the Contractor in accordance with the
Contract Documents. The schedule of values shall allocate the entire
Contract Sum among the various portions of the Work. The schedule of values
shall be prepared in such form and supported by such data to substantiate
its accuracy as the Architect may require. This schedule, unless objected
to by the Architect, shall be used as a basis for reviewing the
Contractor's Applications for Payment.
[LOGO]
(C) 1997 AIA (R)
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: UNLICENSED PHOTOCOPYING VIOLATES U.S. COPYRIGHT LAWS AND WILL SUBJECT
THE VIOLATOR TO LEGAL PROSECUTION.
3
<PAGE>
5.1.5 Applications for Payment shall indicate the percentage of completion
of each portion of the Work as of the end of the period covered by the
Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of
each progress payment shall be computed as follows:
.1 Take that portion of the Contract Sum properly allocable to
completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the
Contract Sum allocated to that portion of the Work in the
schedule of values, less retainage of Five percent (5 %).
Pending final determination of cost to the Owner of changes in
the Work, amounts not in dispute shall be included as provided in
Subparagraph 7.3.8 of AIA Document A201-1997;
.2 Add that portion of the Contract Sum properly allocable to
materials and equipment delivered and suitably stored at the site
for subsequent incorporation in the completed construction (or,
if approved in advance by the Owner, suitably stored off the site
at a location agreed upon in writing), less retainage of Five
percent (5 %);
.3 Subtract the aggregate of previous payments made by the Owner;
and
.4 Subtract amounts, if any, for which the Architect has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5
of AIA Document A201-1997.
5.1.7 The progress payment amount determined in accordance with
Subparagraph 5.1.6 shall be further modified under the following
circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to the full amount of the Contract
Sum, less such amounts as the Architect shall determine for
incomplete Work, retainage applicable to such work and unsettled
claims; and (Subparagraph 9.8.5 of AIA Document A201-1997
requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
.2 Add, if final completion of the Work is thereafter materially
delayed through no fault of the Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.3 of AIA
Document A201-1997.
5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to
reduce or limit the retainage resulting from the percentages inserted in
Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in
the Contract Documents, insert here provisions for such reduction or
limitation.)
5.1.9 Except with the Owner's prior approval, the Contractor shall not make
advance payments to suppliers for materials or equipment which have not
been delivered and stored at the site.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be made by the Owner to the Contractor when:
.1 the Contractor has fully performed the Contract except for the
Contractor's responsibility to correct Work as provided in
Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy
other requirements, if any, which extend beyond final payment;
and
.2 a final Certificate for Payment has been issued by the Architect.
[LOGO]
(C) 1997 AIA(R)
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: UNLICENSED PHOTOCOPYING VIOLATES U.S. COPYRIGHT LAWS AND WILL SUBJECT
THE VIOLATOR TO LEGAL PROSECUTION.
4
<PAGE>
5.2.2 The Owner's final payment to the Contractor shall be made no later
than 30 days after the issuance of the Architect's final Certificate for
Payment, or as follows:
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by the Owner or the Contractor as
provided in Article 14 of AIA Document A201-1997.
6.2 The Work may be suspended by the Owner as provided in Article 14 of
AIA Document A201-1997.
ARTICLE 7 MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of AIA
Document A201-1997 or another Contract Document, the reference refers to
that provision as amended or supplemented by other provisions of the
Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from
the date payment is due at the rate stated below, or in the absence
thereof, at the legal rate prevailing from time to time at the place where
the Project is located.
(Insert rate of interest agreed upon, if any.)
(Usury laws and requirements under the Federal Truth in Lending Act,
similar state and local consumer credit laws and other regulations at the
Owners and Contractor's principal places of business, the location of the
Project and elsewhere may affect the validity of this provision. Legal
advice should be obtained with respect to deletions or modifications, and
also regarding requirements such as written disclosures or waivers.)
7.3 The Owner's representative is: Bob Kaminiski
(Name, address and other information) Senior V.P.
Mercantile Bank of West Michigan
7.4 The Contractor's representative is: Mike Van Gessel
(Name, address and other information) President
Rockford Construction Co.
7.5 Neither the Owner's nor the Contractor's representative shall be
changed without ten days' written notice to the other party.
7.6 Other provisions:
[LOGO]
(C) 1997 AIA(R)
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: UNLICENSED PHOTOCOPYING VIOLATES U.S. COPYRIGHT LAWS AND WILL SUBJECT
THE VIOLATOR TO LEGAL PROSECUTION.
5
<PAGE>
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
8.1 The Contract Documents, except for Modifications issued after
execution of this Agreement, are enumerated as follows:
8.1.1 The Agreement is this executed 1997 edition of the Standard Form of
Agreement Between Owner and Contractor, AIA Document A101-1997.
8.1.2 The General Conditions are the 1997 edition of the General Conditions
of the Contract for Construction, AIA Document A201-1997.
8.1.3 The Supplementary and other Conditions of the Contract are those
contained in the Project Manual dated October 22, 2003, and are as follows:
Document Title Pages
See Exhibit "A", INCLUDING EXHIBIT "D"
8.1.4 The Specifications are those contained in the Project Manual dated as
in Subparagraph 8.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to
this Agreement.)
Section Title Pages
See Exhibit "A"
8.1.5 The Drawings are as follows, and are dated October 22, 2003 unless a
different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this
Agreement.)
Number Title Date
See Exhibit "A"
(C) 1997 AIA(R)
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: UNLICENSED PHOTOCOPYING VIOLATES U.S. COPYRIGHT LAWS AND WILL SUBJECT
THE VIOLATOR TO LEGAL PROSECUTION.
6
<PAGE>
8.1.6 The Addenda, if any, are as follows:
Number Date Pages
See Exhibit "A"
Portions of Addenda relating to bidding requirements are not part of the
Contract Documents unless the bidding requirements are also enumerated in
this Article 8.
8.1.7 Other documents, if any, forming part of the Contract Documents are
as follows:
(List here any additional documents that are intended to form part of the
Contract Documents. AIA Document A201-1997 provides that bidding
requirements such as advertisement or invitation to bid, Instructions to
Bidders, sample forms and the Contractor's bid are not part of the Contract
Documents unless enumerated in this Agreement. They should be listed here
only if intended to be part of the Contract Documents.)
See Exhibit "A"
This Agreement is entered into as of the day and year first written above
and is executed in at least three original copies, of which one is to be
delivered to the Contractor, one to the Architect for use in the
administration of the Contract, and the remainder to the Owner.
/S/ Michael Price /S/ Mike VanGessel
------------------------------- ------------------------------------
OWNER (Signature) CONTRACTOR (Signature) 12/11/03
Michael Price Mike VanGessel
------------------------------- ------------------------------------
(Printed name and title) (Printed name and title)
President President
Mercantile Bank of Rockford Construction Co.
West Michigan
CAUTION: You should sign an original AIA document or a licensed reproduction.
Originals contain the AIA logo printed in red; licensed reproductions are those
produced in accordance with the Instructions to this document.
[LOGO]
(C) 1997 AIA(R)
AIA DOCUMENT A101-1997
OWNER-CONTRACTOR AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: UNLICENSED PHOTOCOPYING VIOLATES U.S. COPYRIGHT LAWS AND WILL SUBJECT
THE VIOLATOR TO LEGAL PROSECUTION.
7
<PAGE>
EXHIBIT "A" - CONTRACT LEGAL DOCUMENT INDEX
SPECIFICATION INDEX
DIVISION 1 - GENERAL REQUIREMENTS
00700 A.I.A General Conditions
00800 1997 Edition Supplementary
Conditions
01000 Special Conditions
01027 Applications for Payment
01030 Alternates
01031 Unit Pricing
01035 Modification Procedures
01040 Project Coordination
01041 Cleaning and Debris Control
01045 Cutting and Patching
01050 Field Engineering
01095 Reference Standards and
Definitions
01200 Project Meetings
01300 Submittals
01400 Quality Control Services
01410 Sitework Quality Controls
01500 Temporary Facilities and Utilities
01520 Temporary Barriers and Fencing
01600 Materials and Equipment
01631 Product Substitutions
01700 Project Close-Out
01740 Warranties and Bonds
DIVISION 2 - SITE WORK
02100 Demolition
02110 Site Clearing
02200 Earthwork
02511 Hot-Mixed Asphalt Paving
02520 Portland Cement Concrete Paving
02650 Domestic Water Service
02715 Sanitary Sewer
02720 Storm Sewer
02800 Irrigation
02900 Landscaping
DIVISION 3 - CONCRETE
03300 Cast-in-Place Concrete
DIVISION 4 - MASONRY
04200 Masonry
DIVISION 5 - METALS
05120 Structural Steel
05220 Steel Joists and Joist Girders
05310 Steel Deck
05400 Light Gauge Trusses
05500 Metal Fabrication
DIVISION 6 - WOOD AND PLASTICS
06100 Rough Carpentry
06402 Interior Architectural Woodwork
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07100 Water-Proofing
07210 Building Insulation
07240 Exterior Insulation and
Finish Systems
07412 Metal Wall Panels
07533 TPO Sheet Roofing & Roof
Insulation
07600 Flashing and Sheet Metal
07610 Prefinished Metal Roofing
07901 Joint Sealants
DIVISION 8 - DOORS AND WINDOWS
08111 Standard Steel Doors and
Frames
08200 Wood And Plastic Doors
08211 Flush Wood Doors
08410 Aluminum Entrances,
Storefronts
Windows and Curtain Walls
08710 Door Hardware
08800 Glazing
DIVISION 9 - FINISHES
09250 Gypsum Drywall
09265 Shaft Wall Assemblies
09300 Tile
09511 Acoustical Panel Ceiling
Systems
09660 Resilient Tile Flooring
09678 Resilient Wall Base and
Accessories
09680 Carpet
09900 Painting
09950 Wall Coverings
DIVISION 10 - SPECIALTIES
10270 Raised Access Floor
10350 Flag Poles
10155 Toilet Compartments
10520 Fire Extinguishers, Cabinets and
Accessories
10800 Toilet and Bath Accessories
DIVISION 11 - EQUIPMENT
11020 Security Systems and Equipment
11030 Financial Equipment
11452 Residential Appliances
DIVISION 12 - FURNISHINGS
12505 Furniture and Fixture Installation
12670 Entrance Mats
DIVISION 14 - CONVEYOR SYSTEMS
14240 Hydraulic Elevator
DIVISION 15 - MECHANICAL
15010 General Provisions
15100 Basic Materials & Methods
Page 1 of 3
<PAGE>
15180 Insulation
15200 Water Supply
15300 Drainage System
15400 Plumbing Fixtures
15550 Fire Protection
15600 Heat Generation
15700 Liquid Heat Transfer
15750 Snowmelt System
15800 Air Distribution
15900 Temperature Controls
15950 Testing, Adjusting, and Balancing
DIVISION 16 -ELECTRICAL
16010 General Provisions
16050 General Installation Procedures
16070 Testing
16110 Raceway
16120 Cable Tray
16130 Boxes and Fittings
16135 Steel Channel
16140 Conditions
16150 Fuses
16170 Wiring Devices
16200 Engine Generator Sets
16205 Transfer Switches
16300 Electrical Services
16320 High Voltage Load Interrupter Switchgear
16340 Switchboards
16350 Grounding
16370 Pad Mount Transformer
16430 Panelboards
16500 Lighting
16540 Lamps
16601 Lightning Protection
16700 Systems
16710 Master Antenna System
16720 Fire Alarm and Detection System
16740 Telephone
16750 Building Security
16900 Motor Controls
16930 Lighting and Outlet Controls
SHEET INDEX
T1.1 Title Sheet, General Notes,
Abbreviations, General Information,
Symbol Legend
CIVIL DRAWINGS (FLEIS & VENDENBRINK)
C1 Existing Conditions
C2 Overall Development
C3 Enlarged Site Plan
C4 Grading Plan
C5 Plan and Profile
C6 Site Detail and Sections
C4.1 Architectural Site Details
L1.1 Landscaping PI
ARCHITECTURAL DRAWINGS
A1.0 Lower Floor Plan
A1.1 First Floor Plan
A1.2 Second Floor Plan
A1.3 Roof Plan
A1.4 Enlarged Plans
A1.5 Enlarged Stair Plans
A2.1 Door Schedules & Details
A2.2 Door Details
A2.3 Interior Finish Schedules & Specifications
A3.0 Lower Reflected Ceiling Plan
A3.1 First Floor Reflected Ceiling Plan
A3.2 Second Floor Reflected Ceiling Plan
A4.1 Interior Elevations
A4.2 Interior Elevations
A4.3 Interior Elevations
A5.1 Exterior Elevations
A5.2 Exterior Elevations
A6.1 Building Sections
A6.2 Building Sections
A7.1 Exterior Wall Sections
A7.2 Exterior Wall Sections
A7.3 Exterior Wall Sections
A8.1 Exterior Details
A8.2 Millwork Details
A8.3 Millwork Details
A8.4 Interior Details
A9.1 Stair Details
A9.2 Elevation Details
STRUCTURAL DRAWINGS (CLASSIC ENGINEERING)
S1.1 Foundation Plan
S2.1 Foundation Details & Structural Notes
S2.2 Foundation Details
S3.1 First Floor Framing Plan
S3.2 Second Floor Framing Plan
S3.3 Roof Framing Plan
S3.4 Roof Light Gauge Framing Plan
S4.1 Framing Details
S4.2 Framing Details & Schedules
PLUMBING DRAWINGS (CLASSIC ENGINEERING)
P1.0 Lower Floor Plumbing Plan
P1.1 First Floor Plumbing Plan
P1.2 Second Floor Plumbing Plan
Page 2 of 3
<PAGE>
MECHANICAL DRAWINGS (CLASSIC
ENGINEERING)
M1.0 Lower Floor Mechanical Plan
M1.1 First Floor Mechanical Plan
M1.2 Second Floor Mechanical Plan
M2.1 First Floor Piping Plan
M2.2 Second Floor Piping Plan
M3.1 Snowmelt Piping Plan
M4.0 Mechanical Schedules
M5.0 Mechanical Schedules
ELECTRICAL DRAWINGS (CLASSIC
ENGINEERING)
E1.0 Lower Floor Lighting Plan
E1.1 First Floor Lighting Plan
E1.2 Second Floor Lighting Plan
E2.0 Lower Floor Power Plan
E2.1 First Floor Power Plan
E2.2 Second Floor Power Plan
E3.0 Roof electrical Plan
E4.0 Electrical One-Line Diagram
E5.0 Electrical Site Plan
E5.1 Electrical Photometric Plan
ADDENDUM INDEX
Addendum Number Date Sheet attachments
Addendum #1 November 5, 2003 Sheets SKAD1.1 and SKAD1.2
EXHIBIT INDEX
Exhibit "A" Contract Legal Document Index
Exhibit "B" Final Contract Sum for Holland Main Office, 880 16th Street
Exhibit "C" Proposed Construction Schedule
Exhibit "D" 8.13 supplemental Conditions to AIA A201 General conditions
of the Contract for Construction, 1997 Edition
Page 3 of 3
<PAGE>
EXHIBIT "B"
FINAL CONTRACT SUM FOR THE HOLLAND MAIN OFFICE, 880 16TH STREET
DECEMBER 04, 2003
<TABLE>
<S> <C>
BASE BID FROM 11/12/03 BID FORM $2,970,000.00
ALTERNATES
DELETE BIRCH
Provide Poplar; running trim jambs, base, cornice
boards, and coves change to poplar, except for
handrails. ($ 11,700.00)
DUMBWAITER
Cost of Dumbwaiter not included in base bid as
clarified on original bid form $ 37,900.00
METAL PANELS
Cost to substitute Architectural Glass and Metals
in lieu of ARS Metal roof, composite panels, &
cornice work $ 52,000.00
PERMITS
Building Permits is not included in the contract
sum. The Permit cost are -$9,335 as included in bid
+$4,829.5 actual cost ($ 4,505.50)
WATER FEES
All Domestic Trunkage Water fees, service charges
and meter cost are not included in the Base Bid.
The cost for this work will be. $ 24,577.80
ALTERNATE E-1
Electrical secondary service. 1. The Electrical
Contractor shall provide an alternate bid
(Alternate #E-1) for secondary service to this
facility. See attached sketches SKAD1.1 and SKAD1.2. ($ 9,000.00)
ALLOWANCES
Concrete Temporary Heating The foundation,
concrete slabs and concrete wall will have to be
installed during winter. The allowance for this work
will be. $ 6,500.00
BUILDING TEMPORARY HEATING Figured the owner
would start paying for temporarily heating the
building as soon as you have wrap it with Tyvek/air
infiltration barrier and provided a dry roof. The
allowance for this work will be. $ 10,000.00
GAS fees and services charges, or meter cost are
not apart of your bid and an allowance for these cost
will be. $ 3,000.00
ELECTRICAL fees and services charges, or meter cost
are not apart of your bid and an allowance for these
cost will be. $ 3,000.00
</TABLE>
ALL STORM SEWER, SANITARY SEWER, AND SOIL
EROSION fees, service charges and meter cost
are included in the contract sum.
ALL MECHANICAL AND ELECTRICAL PERMITS are
included in the contract sum.
FINAL CONTRACT SUM $3,081,772.30
Page 1 of 2
<PAGE>
UNIT PRICING
GIVE UNIT PRICE FOR REMOVING AND DISPOSING OF ASBESTOS, IN ACCORDANCE WITH
ALL FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS. NOT OTHERWISE
STATED IN DEMOLITION SPECIFICATION - #02100
On piping joints $25.00 /joint
On piping $ 7.00 /linear foot
GIVE UNIT PRICE FOR REMOVING AND DISPOSING OF UNSUITABLE SOIL OFFSITE AND
REPLACING SOIL BACKFILL MATERIAL AS SELECTED BY SOILS ENGINEER. BACKFILL
WITH APPROVED MATERIAL.
Under parking Lot Under $10.75 /cu.yd
Foundations & footing $13.00 /cu.yd
Under Utility Trenches $10.75 /cu.yd
FEES FOR ADDITIONAL WORK
FOR ADDITIONAL WORK PERFORMED UPON AUTHORIZATION OF THE OWNER.
1. Our own work: Actual cost to us of labor
and materials plus a fee of; Five (5)%
2. Sub-Contractor's work: Sub-Contractor's
price to us plus a fee of; Six (6)%
Page 2 of 2
<PAGE>
ROCKFORD CONSTRUCTION CO.
Merchantile Bank of West Michigan
880 East 16th Street, Holland
Exhibit C
[ROCKFORD CONSTRUCTION CO. GRAPH OF TIME SCHEDULE FOR BID AND CONTRACTING
PHASE, DEMOLITION AND SITE PREPARATION, CONSTRUCTION, AND PROJECT CLOSEOUT AND
OCCUPANCY]
Page 1
<PAGE>
ROCKFORD CONSTRUCTION CO.
Merchantile Bank of West Michigan
880 East 16th Street, Holland
Exhibit C
[ROCKFORD CONSTRUCTION CO. GRAPH OF TIME SCHEDULE FOR BID AND CONTRACTING
PHASE, DEMOLITION AND SITE PREPARATION, CONSTRUCTION, AND PROJECT CLOSEOUT AND
OCCUPANCY]
Page 2
<PAGE>
ROCKFORD CONSTRUCTION CO.
Merchantile Bank of West Michigan
880 East 16th Street, Holland
Exhibit C
[ROCKFORD CONSTRUCTION CO. GRAPH OF TIME SCHEDULE FOR BID AND CONTRACTING
PHASE, DEMOLITION AND SITE PREPARATION, CONSTRUCTION, AND PROJECT CLOSEOUT AND
OCCUPANCY]
Page 3
<PAGE>
EXHIBIT "D"
Page 1 of 8
8.13 SUPPLEMENTAL CONDITIONS TO AIA A201 GENERAL
CONDITIONS OF THE
CONTRACT FOR CONSTRUCTION, 1997 EDITION
(Mercantile Bank Real Estate Company, L.L.C. - Triangle, 2002 Bond
Construction)
SUPPLEMENTAL CONDITIONS TO AIA A201 GENERAL CONDITIONS OF THE
CONTRACT FOR CONSTRUCTION, 1997 EDITION
THIS SUPPLEMENT modifies the "General Conditions of the Contract for
Construction", AIA Document A201, 1997 Edition.
ARTICLE 2
2.3.1 Delete the word "persistently" in the first sentence of
Subparagraph 2.3.1.
2.4.1 Delete the first two sentences of Subparagraph 2.4.1, and
substitute the following in lieu thereof:
"If the Contractor defaults or neglects to carry out the Work in
accordance with the Contact Documents and fails within a
seven-day-period after receipt of written notice from the Owner to
commence and continue correction of such default or neglect with
diligence and promptness, the Owner may, without prejudice to other
remedies the Owner may have, commence and continue to carry out the
Work."
ARTICLE 3"
3.2.1 Add the following language at the end of Subparagraph 3.2.1:
"If the Contractor performs any construction activity knowing it
involves a recognized error, inconsistency or omission in the Contract
Documents without providing such notice to the Architect and Owner, the
Contractor shall assume appropriate responsibility for such performance
and shall bear an appropriate amount of the attributable costs for
construction." See Paragraph 3.2.1 (1987 Ed.).
3.3.1 Add the words "by the Owner" after the word "instructed" in
the last sentence of Subparagraph 3.3.1. The sentence should now read:
"If the Contractor is then instructed by the Owner to proceed with the
required means, methods, techniques, sequences or procedures without
acceptance of changes proposed by the Contractor, the Owner shall be
solely responsible for any resulting loss or damage."
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EXHIBIT "D"
Page 2 of 8
3.3.4 Add the following provisions as a new Subparagraph 3.3.4:
"The Contractor shall not be relieved of obligations to perform the
Work in accordance with the Contract Documents either by activities or
duties of the Architect in the Architect's administration of the
Contract, or by tests, inspections or approvals required or performed
by persons other than Contractor." See Paragraph 3.3 (1987 Ed.).
3.3.5 Add the following provision as a new Subparagraph 3.3.5:
"At the earliest possible time after the commencement of the Work on
the Project site, the Contractor shall have benchmarks verified or
established by a state-licensed land surveyor, shall locate the Project
on the Project site, establishing necessary reference marks and axis
from which the Work accurately can progress, shall furnish Architect
