<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."
<PAGE>
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
evidence of such verification and shall report at once any
errors
discovered during the process of such verification."
3.3.6 Add
the following provision as a new Subparagraph 3.3.6:
"If any of the Work is required to be inspected or approved by
any
public authority, the Contractor shall cause such inspection or
approval to be performed. The cost of the inspection shall be paid
by
Owner. No inspection performed or failed to be performed by the
Owner
hereunder shall be a waiver of any of the Contractor's
obligations
hereunder or be construed as an approval or acceptance of the Work
or
any part thereof."
3.3.7 Add
the following provision as a new Subparagraph 3.3.7:
"The Contractor acknowledges that it is the Contractor's
responsibility
to hire all personnel for the proper and diligent prosecution of
the
Work and the Contractor shall use its best efforts to maintain
labor
peace for the duration of the Project. In the event of a labor
dispute,
the Contractor
