2025 WMAES Monument Sign RFB Project 2025-02.pdf

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Attached to
2025 WMAES Monument Sign
Solicitation number
RFP-WMAE-250000001286-2
Issued by
Kent County, West Branch City, Michigan

About this file

This is a Request for Bids (RFB) issued by West Michigan Academy of Environmental Science for a monument sign project (Project 2025-02). The project involves removal and disposal of the current sign as well as design, fabrication, and installation of a new double-sided monument sign at 4463 Leonard NW, Walker, Michigan. The RFB was issued on February 6, 2025, with written clarification requests due by February 18, 2025, and bids due by February 27, 2025 at 4:00 p.m. The Academy plans to consider the contract on March 11, 2025, with work commencing March 13, 2025 and completion required by April 2, 2025. The sign specifications include a 6mm EMC display, cabinet with vinyl application, brick finish base, 48 sq ft content area, and 68.5 sq ft total structure.

Bid pricing must be submitted as a not-to-exceed amount including all costs and expenses such as supplies, materials, labor, equipment, prevailing wage rates, insurance, permits, bonds, taxes, and overhead/profit. A bid bond of 5% of the total bid amount is required. The successful contractor must provide performance and payment bonds of 100% of the final contract amount if the awarded contract is $50,000 or more. The Academy reserves the right to accept or reject any bids and make multiple awards as deemed in its best interest. State prevailing wage rates apply to this project and detailed wage determinations are included in the RFB documentation.

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REQUEST FOR BIDS

FOR

2025 WMAES Monument Sign Project 2025-02

West Michigan Academy of Environmental Science

Attention: Tiffany Wilhelm

4463 Leonard NW

Walker, Michigan 49544

Telephone: 616-699-8766

Email: tiffanywilhelm@choiceschools.com mailto:tiffanywilhelm@choiceschools.com

I. OVERVIEW

1.1 PURPOSE

West Michigan Academy of Environmental Science (hereinafter the “Academy” or

“Owner”) is seeking bids from qualified contractors for the purpose of a monument sign installation at the Academy. The purpose of this Request for Bids For 2025 WMAES

Monument Sign Project 2025-02 (the “RFB”) is to obtain bids from experienced and qualified contractors for the removal and disposal of the current sign as well as the design, fabrication, and installation of a new monument sign at its location and related work as set forth in this RFB and the Contract (the “Work”). The Contractor shall perform all Work and other construction work/services necessary at the Academy in accordance with the respective Plans, Specifications and Minimum Compliance Requirements set forth in

APPENDIX A, attached hereto and incorporated herein by reference. The Academy may select one or more experienced and qualified contractors to proceed with the negotiation process from those submitting Bids. The process will include the review and evaluation of methods and procedures used to provide effective construction services for the Academy within the scope of this RFB. Past experience will also be judged through the references of each entity. Each Bid must detail the contractor’s experience and expertise in order to allow the Academy to properly and promptly evaluate each Bid, and the failure to do so may cause the Academy to reject said Bid. The Academy will select the Bid or Bids, if any, that it deems most qualified to serve the best interests of the Academy, in its sole and absolute discretion. The Academy, in its sole and absolute discretion, reserves the right to request post-Bid interviews from all, some or none of the entities submitting Bids.

1.2 RFB TIMELINE

NOTE: Throughout the remainder of this RFB, each bidder/prospective contractor is referred to as the “Contractor.”

The Academy’s anticipated timeline for its selection process is:

Issuance of this RFB February 6, 2025

Deadline For Written Requests for Clarifications 4:00 p.m. February 18, 2025

DUE DATE FOR BIDS 4:00 p.m. February 27, 2025

Academy’s Considering of the Contract March 11, 2025

Commencement of Work March 13, 2025

Deadline for Completion of Work April 2, 2025

PLEASE NOTE: The Academy reserves the right, in its sole and absolute discretion, to make modifications to the RFB timeline set forth in Section 1.2 above as it determines to be in its best interest.

II. SUBMISSION OF BIDS

2.1 BID SUBMISSION DEADLINE AND REQUIREMENTS

The Due Date for receipt of Bids is:

Thursday, February 27, 2025 at 4:00 p.m. (local time) (the “Due Date”)

2.1.1 Bid Envelope: The opaque envelope containing your Bid must be marked in the lower left-hand corner as follows:

SEALED BID ENCLOSED

West Michigan Academy of Environmental Science

2025 WMAES Monument Sign Project 2025-02

[Contractor’s Name]

[Contractor’s Address]

[Contractor’s Telephone Number]

The envelope must also be addressed and delivered as follows:

West Michigan Academy of Environmental Science

Attention: Tiffany Wilhelm

4463 Leonard NW

Walker, MI 49544

2.1.2 Late Bids: Each Contractor is responsible for submission of its Bid. Bids or Bid revisions received after the Due Date will not be accepted or considered. The

Academy is not liable for any delivery or postal delays.

2.1.3 Returned Bids: All Bids received after the Due Date will be unopened and made available to the respective Contractor for pick-up, at their sole cost and expense for a period of two (2) weeks from the Due Date.

2.1.4 Signed Original Bid: Each Bid must be an original hard copy, and signed by an authorized member of the Contractor’s firm. This member should be the highest-ranking officer at the local level. NO ORAL, FAX or E-MAILED Bids will be accepted. Each Bid must be submitted on the Bid Forms attached to this RFB.

2.1.5 Copies of Bid: The Contractor shall also submit with the signed original Bid, along with three (3) complete copies of the signed original Bid.

2.1.6 Opening of Bids: At the specified location and Due Date stated above, all submitted Bids shall be publicly opened and read aloud. Any interested parties may attend. No immediate decision will be rendered.

2.1.7 E-Mail Clarifications: The Academy intends to communicate with Contractors via e-mail (e.g., RFB clarifications and addenda). Except for the delivery of the Bid itself, references in this RFB to “written” form of communications include e-mail.

2.1.8 Additional Requests For Clarification: Prospective Contractors may request that the Academy clarify information contained in this RFB. All such requests must be made in writing via email. The Academy will attempt to provide a written response to all written Requests for Clarification within three (3) business days after the receipt of such request. The Academy will not respond to any Request for

Clarification received after _4:00 p.m. on February 18, 2025. Requests For

Clarification and inquiries for site visits must be made via e-mail and must be directed to Tiffany Wilhelm at tiffanywilhelm@choiceschools.com, (Subject Line:

2025 WMAES Monument Sign RFB Request For Clarification). No response will be made to any oral questions. All questions and answers will be posted the

SIGMA Vendor Self-Service procurement website. It is each Contractor’s responsibility to check the SIGMA Self-Service procurement website prior to the

RFB Due Date to ensure that it has received all of the information, including, but not limited to, all Addenda to this RFB.

2.1.9 Restrictions On Communication: From the issue date of this RFB until a

Contractor is selected and the selection announced, a prospective Contractor shall not communicate about the subject of this RFB or a Contractor’s Bid with the

Academy, its Board of Directors, or any individual member, administrators, faculty, staff, students or employees, except for additional Requests For

Clarification in accordance with Paragraph 2.1.8 above, or as otherwise required by applicable law.

2.1.10 Addenda to the RFB: If it becomes necessary to revise any part of this RFB, notice of the revision will be issued and all addenda shall become a part of this

RFB. Each Contractor must in its Bid, to avoid any miscommunication, acknowledge all addenda which it has received, but the failure of a Contractor to receive, or acknowledge receipt of, any addendum shall not relieve the Contractor of the responsibility for complying with the terms thereof. All Addenda will be posted to the SIGMA Vendor Self-Service procurement website.

2.1.11 RFB/Bid Information Controlling: The Academy intends that all Contractors shall have equal access to information relative to this RFB, and that this RFB contains adequate information. No information communicated, either verbally or in writing, to or from a Contractor shall be effective unless confirmed by written communication contained in an addendum to this RFB, a Request For Clarification or other written response thereto, or in the Bid.

2.1.12 Finality of Decision: Any decision made by the Academy, including the Contractor selection, shall be final.

2.1.13 Reservation of Rights: The Academy reserves the right, in its sole and absolute discretion (for this provision and all other provisions contained in this RFB), to accept or reject, in whole or in part, any or all Bids with or without cause. The

Academy further reserves the right to waive any irregularity or informality in the

RFB process or any Bid, and the right to award the Contract to other than the

Contractor submitting the best financial Bid (low bidder). The Academy reserves the right to request additional information from any or all Contractors. The

Academy reserves the right to award the Work to one (1) or more Contractors. In the event a Contractor’s Bid is accepted by the Academy and that Contractor asserts exceptions, special considerations or conditions after acceptance, the Academy, in its sole and absolute discretion, reserves the right to reject the Bid and award the

Contract to another Contractor.

2.1.14 Release of Claims: Each Contractor by submitting its Bid releases the Academy from any and all claims arising out of, and related to, this RFB process and selection of a Contractor.

2.1.15 Contractor Bears Bid Costs: A recipient of this RFB is responsible for any and all costs and liabilities incurred by it or others acting on its behalf in preparing or submitting a Bid, or otherwise responding to this RFB, or any negotiations incidental to its Bid or this RFB.

2.1.16 Irrevocability of Bids: All Bids submitted shall not be withdrawn and shall be irrevocable for a minimum period of ninety (90) calendar days following the Due

Date for receipt of Bids set forth above.

2.1.17 Collusive Bidding: By submission of a Bid, the Contractor certifies that its Bid is made without any previous understanding, agreement or connection with any person, firm or corporation making a Bid for the same Work and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

2.1.18 Incorporation By Reference: The Contract shall incorporate by reference this

RFB and the Bidder’s Bid. It is acknowledged by the Bidder that exceptions or special conditions of the Bidder will not be binding upon the Academy unless those exceptions or special conditions are expressly accepted by the Academy and specifically incorporated into the final Contract.

2.2 BID REQUIREMENTS AND FORMAT

This outlines the information that must be provided by each Contractor and the required format for its Bid. Any Bid not providing the required information, or not conforming to the format specified, may be disqualified on that basis. Please also refer to Sections 2.1,

5.1 and 5.2 of this RFB for additional Bid requirements. Attached to this RFB is a form of contract under which Work requested under this RFB shall be provided by the successful

Contractor (the “Contract” and referred to throughout the Contract as the “Agreement”)

(See also Section 4.1 of this RFB). The Contract contains many details relative to the Work requested by the Academy, the terms and conditions under which the Work shall be provided by the Contractor, and should be reviewed carefully by each Contractor prior to submitting a Bid.

Any exceptions to the terms and conditions contained in this RFB or the form of

Contract attached to this RFB, or any other special considerations or conditions requested or required by the Contractor MUST be specifically enumerated by the

Contractor and be submitted as part of its Bid, together with an explanation as to the reason such terms and conditions of the RFB or form of Contract cannot be met by, or, in the Contractor’s opinion, are not applicable to, the Contractor. The Contractor shall be required and expected to meet the Specifications, Minimum Compliance

Requirements and other requirements as set forth in this RFB and the form of

Contract in their entirety, except to the extent exceptions or special considerations or conditions are expressly set forth in the Contractor’s Bid and those exceptions or special considerations or conditions are expressly accepted by the Academy. All

Pricing factors must be clearly indicated in the manner required on the Bid Forms provided as part of this RFB.

Each Bid must include, at a minimum, the following:

2.2.1 License. Evidence of all licenses held by the Contractor necessary to perform the

Work.

2.2.2 Exceptions. A detailed list setting forth any exceptions to this RFB and/or the

Contract, or other special considerations or conditions of the Contractor, including explanations of such exceptions or the reason such terms and conditions of the RFB or form of Contract cannot be met by, or on the Contractor’s opinion are not applicable to, the Contractor.

2.2.3 References. Each Bid must include detailed evidence that the Contractor has provided or is currently providing work, preferably for other K-12 public school districts, public school academies or educational institutions. The Contractor must provide this information, including contact names, addresses, phone numbers and type of Work provided.

2.2.4 Insurance and Bonding. Evidence of the Contractor’s ability to provide adequate insurance coverages and bonds as required by this RFB and the Contract to protect the interests of the Contractor and the Academy.

2.2.5 Legal Compliance. Demonstrate that the Contractor understands and will comply with all regulatory laws, codes, and requirements of any Local, State, and Federal laws that apply to the requirements and obligations under this RFB and the

Contract, including, but not limited to, the Americans with Disabilities Act

(“ADA”), the Revised School Code, MCL 380.1 et seq., including but not limited to MCL 380.1264, as amended, the School Building Construction Act, MCL

388.851 et seq., the Stille-Derosett-Hale Single State Construction Code Act, MCL

125.1501 et seq., the Michigan Building Code, prevailing wage requirements of

MCL 408.1101, et seq., as amended and as applicable (“Michigan’s Prevailing

Wage Act”), including the maintenance of records as may be necessary to enable compliance with the reporting or inspection requirements under the Michigan’s

Prevailing Wage Act, federal, state and local environmental laws and regulations, and the rules and regulations, policies, guidelines and consent, administrative or other lawful orders of all public authorities having jurisdiction over the project, the

Work site, the Work or the prosecution of the Work. All Work must be performed in accordance with all applicable laws, rules, regulations, ordinances and Academy policies.

2.2.6 Bid Form. A completed Bid Pricing Form provided as APPENDIX B.

2.2.7 Familial Disclosure Affidavit. All Contractors must provide familial disclosure in compliance with MCL 380.1267 and attach this information to its Bid. The Bid must be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner and/or any employee of the Contractor and any member of the Academy’s Board of Education or the Academy’s

Superintendent/Head of School. The Academy will not accept a Bid that does not include this sworn and notarized disclosure statement. The Familial Disclosure

Affidavit is attached to this RFB as APPENDIX C.

2.2.8 Iran Sanctions Affidavit. In accordance with Michigan Public Act No. 517 of

2012, all Bids must be accompanied by a sworn and notarized statement certifying that the Contractor is not an Iran Linked Business. The Academy will not accept a

Bid that does not include this sworn and notarized statement. The Affidavit of

Compliance – Iran Economic Sanctions Act is attached to this RFB as APPENDIX

D.

2.2.9 Bid Bond. All Contractors must include “bid security” in the form of a bid bond from a qualified surety on an unmodified AIA Form A310 (2010), a certified check or a cashier’s check in the amount of five percent (5%) of the Contractor’s total

Bid amount as a condition for consideration of award. Bid bonds shall be duly executed by the Contractor as principal and having as surety thereon, a company authorized to execute such in the State of Michigan. All Sureties must be listed in the Department of Treasury’s Circular 570. The bid bond shall pledge that the

Contractor, with the understanding that if their Bid is accepted, will enter into the

Contract with the Academy for the Work stated in their Bid and will furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder. The attorney who signs the surety bid bond must file with the bond, a certified and effectively dated copy of the power of attorney.

Bid securities will be returned to the successful Contractor after a Contract has been executed, and acceptance of required bonds and insurance is made. The bid security of Contractors not under consideration for award of the Contract will be returned by the Academy in a timely manner. The bid security of all Bidders may be retained until a Contract is awarded. The bid security obligee shall be the

Academy and shall become its property in the event that the Contractor fails, within fifteen (15) days of notice of award, to execute the Contract, deliver the performance and payment bonds, and send the required certificates of insurance.

The Bid security shall be forfeited to the Academy as liquidated damages, not as a penalty.

2.2.10 List of Subcontractors. Each Contractor must provide a list of all subcontractors it will utilize to perform the Work as part of its Bid. Failure to provide a complete list of subcontractors may be grounds for rejection of the Bid as incomplete. If awarded all or a portion of the Work, once the list of subcontractors is approved by the Academy, it cannot be modified by the Contractor without the prior written approval of the Academy and failure to obtain such prior written approval will be grounds for termination of the Contract.

2.2.11 Safety Data Sheets. Each Contractor shall provide with its Bid all Safety Data

Sheets (“SDS”) for all hazardous or other applicable materials that will be brought onto Academy property as part of the Work.

2.3 ORAL INTERVIEWS

The Academy may require selected Contractors to participate in a post-Bid interview to discuss their Bid. In that case, the Academy will notify the Contractor’s contact name as listed in its Bid.

2.4 INDEPENDENT CONTRACTUAL RELATIONSHIP

It must be understood that this RFB provides for the selection of a Contractor to provide the Work for the Academy on an independent contractor basis.

III. SCOPE OF WORK

The scope of the Work, Specifications and Minimum Compliance Requirements are set forth in APPENDIX A, as well as the other Appendices/Attachments attached to this RFB, which are all incorporated herein by reference. The Academy has included the various

Specifications, Minimum Compliance Requirements and functions in APPENDIX A to ensure Work as installed shall provide the functionality desired by the Academy. The name of a model, manufacturer or brand in this RFB shall not be considered as exclusive of other brands. Brands and models specified in this RFB are preferred. The Academy expects all supplies, materials, equipment or products bid by a Contractor to meet or exceed the

Specifications and Minimum Compliance Requirements set forth in this RFB. Further, it is the Academy’s intent that this RFB permit competition. Accordingly, the use of any patent, proprietary name or manufacturer’s name is for demonstrative purposes only and is not intended to curtail competition. Whenever any supplies, material, equipment or products requested in this RFB are specified by patent, proprietary name or by the name of the manufacturer, unless stated differently, such specification shall be considered as if followed by the words “or comparable equivalent,” whether or not such words appear. The

Academy in its sole and absolute discretion, shall have the right to determine if the proposed equivalent products/brands submitted by the Contractor meet the Specifications and Minimum Compliance Requirements contained in this RFB and possess equivalent and/or better qualities. It is the Contractor’s responsibility to notify the Academy in writing if any Specifications, Minimum Compliance Requirements or suggested comparable equivalent products/brands require clarification by the Academy prior to the Due Date for

Bids. Any and all deviations from Specifications or Minimum Compliance Requirements must be noted on the Bid Form. Additionally, Contractors are responsible for verifying the accuracy of measurements and materials specified prior to submitting its Bid. Any discrepancies in the Specifications and Minimum Compliance Requirements shall be immediately communicated to the Academy.

IV. CONTRACTUAL OBLIGATIONS

4.1 FORM OF CONTRACT

Form of Contract: This is a Request For Bids only. Bids will be treated as offers to enter into the Contract (as defined above) with the Academy. The Academy and successful

Contractor shall memorialize their contractual relationship and obligations using the form of Contract attached hereto as APPENDIX F. The Contract contains many details relative to the Work required under this RFB, as well as the terms and conditions under which the

Work shall be provided by the successful Contractor. The Contract should be reviewed carefully by each Contractor prior to submitting a Bid. Any exceptions to the terms and conditions contained in the Contract, or any other special considerations or conditions requested or required by the Contractor relative to this RFB or the form of Contract shall be expressly/specifically enumerated by the Contractor and be submitted as part of its Bid, together with an explanation as to the reason such terms and conditions cannot be met by, or, in the Contractor’s opinion are not applicable to, the Contractor, provided however, that exceptions or special conditions of the Contractor will not be binding upon the Academy unless those exceptions or special conditions are expressly accepted by the Academy, and incorporated into the final Contract. Following the selection of the successful Contractor by the Academy, the Contract will be finalized by the parties. The final Contract shall be subject to the review and approval by the Academy’s legal counsel. The below sections contain information relative to selected provisions of the Contract and/or the expectations of the Academy relative to the provision of the Work. This information is provided to assist the Contractor in evaluating the Academy and submitting a Bid, and should neither supplant the terms and conditions of the Contract nor a careful review of the Contract by the Contractor.

4.2 PERFORMANCE AND PAYMENT BONDS

The successful Contractor whose Bid and/or awarded Contract amounts are $50,000 or more will be required to furnish Performance and Payment Bonds, in a form satisfactory to the Academy on an unmodified AIA Form A312 (2010), in the amount of 100% of the final Contract amount by a Treasury listed Surety licensed to do business in the State of

Michigan, and the attorney-in-fact who executed the Performance and Payment Bonds on behalf of the Contractor shall attach a certified, current copy of its power of attorney. The cost of the Bonds shall be included in each Bid form, if applicable.

4.3 PROJECT COMPLETION PERIOD & SCHEDULING

The development of the Work is weighed heavily on the ability of the Contractors to have all Work finished in sufficient time. The Contractor must commence and complete the

Work within the timeframes set forth in Section 1.2. Time and coordination are the essence of the Contract. The Academy’s operations must continue uninterrupted throughout the construction process. Certain portions of the Work must be performed and completed in such order as directed by the Academy so as to permit the orderly operation of the

Academy’s activities or operations. Each Contractor shall review the Work to assure proper coordination to complete their Work per the project schedule. The Academy reserves the right to suspend Work wholly or in part if deemed necessary for the best interest of the

Academy. This suspension will be without compensation to the Contractor, other than to adjust the Contract completion/delivery requirements. Any changes to the established schedule must have prior approval of the Academy’s representative and scheduled at the least disruptive time possible.

4.4 WORKMANSHIP/INSPECTION

Where not more specifically described in any of the various sections of the Specifications and Minimum Compliance Requirements, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the Work. All Work shall be executed by personnel skilled in their respective line of work. This Work will not be subcontracted without written authorization by the Academy. The Contractor shall request the Academy to conduct a site inspection after the Work is complete. The Academy will prepare a “punch-list” during the inspection and will forward a copy of the “punch-list” to the Contractor. After the “punch-list” items have been corrected, the Contractor will request a final inspection with the

Academy. Final project approval is contingent upon the Academy’s final inspection and written approval.

4.5 WARRANTY

Contractor shall perform all duties required of this project in such a way that the manufacturer’s warranty is not violated in any manner. Contractor is responsible for identifying any and all deviations of the RFB’s Specifications from the manufacturer’s guidelines. All such deviations must be detailed in the Contractor’s Bid at time of submittal. Manufacturer specifications shall prevail in any and all instances where the

RFB’s Specifications differ from the manufacturer’s specifications. All materials and supplies shall be guaranteed against defects in manufacturing and materials; defective products will be replaced in accordance with the Contract. All materials and products shall be guaranteed against defects in manufacturing and material and such warranty shall cover parts, materials, labor, delivery, and installation in accordance with the Contract. All labor for the installation of the project shall be warranted in accordance with the Contract. Please identify in your Bid Form the type and length of warranties provided as part of the Work.

4.6 PRICING & PAYMENT METHODS

Prices quoted are to be F.O.B. to the Academy. All prices shall be net; including transportation, insurance and delivery charges fully prepaid by the successful Contractor to destinations indicated in the Bid. Payment is to be made from Contractor’s invoice in accordance with the Progress Payment schedule set forth in the Contract. Invoices must include a copy of the signed delivery invoices, submitted to cover items received and accepted, and Work/services rendered, during the billing period. Invoices must contain the contract number under which the Contract is awarded.

4.7 SAFETY

The Contractor shall be responsible for providing and for placing barricades, tarps, plastic, flag tape and other safety/traffic control equipment required to protect its employees, the public, surrounding areas, equipment and vehicles. The flow of vehicular traffic shall not be impeded at any time during this project. The safety of the Contractor’s employees and the public is of prime concern to the Academy, and the Contractor must take all necessary steps to assure proper safety during the performance of the Contract. Any Contractor that has a history of safety problems or a high incidence of accidents will not be considered for award of a Contract. The Contractor shall keep the premises clean of all rubbish and debris generated by the Work involved and shall leave the Academy’s premises neat and clean.

All surplus material, rubbish, and debris shall be disposed of by the Contractor at the

Contractor’s expense. The Work area shall be cleaned at the end of each work day. All materials, tools, equipment, etc., shall be removed or safely stored. The Academy is not responsible for theft or damage to the Contractor’s property. All possible safety hazards to workers or the public shall be corrected immediately and left in a safe condition at the end of each workday. If there is a question in this area, the Academy or its agent will be consulted. The Academy does not assume any responsibility, at any time, for the protection of or for loss of materials, from the time that the Contract operations have commenced until the final acceptance of the Work by the Academy.

4.8 INSURANCE OF CONTRACTOR

The Contractor shall maintain the insurance coverages with minimum limits as set forth in the Contract.

4.9 GOVERNING LAW

The Contract shall be governed by and construed in accordance with the laws of the State of Michigan. The parties hereby agree to the exclusive jurisdiction and venue of courts sitting in Kent County, Michigan.

4.10 INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless the Academy, its Board of Directors, its Directors, in their official and individual capacities, its administrators, employees, agents, contractors, successors and assigns, from and against any and all claims, counter claims, suits, debts, demands, actions, judgments, liens, costs, expenses, damages, injuries and liabilities, including actual attorney’s fees and actual expert witness fees arising out of or in connection with Contractor’s performance of the Contract and/or from Contractor’s violation of any of the terms of the Contract, including, but not limited to: (i) the negligent acts or willful misconduct of the Contractor, its officers, directors, employees, successors, assigns, contractors and agents; (ii) any breach of the terms of the Contract by the

Contractor, its officers, directors, employees, successors, assigns, contractors and agents;

(iii) any violation or breach of any applicable Federal, State or local law, rule, regulation, ordinance, policy and/or licensing and permitting requirements applicable to the Contract;

or (iv) any breach of any representation or warranty by the Contractor, its officers, directors, employees, successors, assigns, contractors and agents under the Contract. The

Contractor shall notify the Academy by certified mail, return receipt requested, immediately upon actual knowledge of any claim, suit, action, or proceeding for which the

Academy may be entitled to indemnification under the Contract. This paragraph shall survive the expiration or earlier termination of the Contract and shall not be limited by the

Contractor’s insurance obligations contained in the Contract.

4.11 TAXES

The Academy is exempt from taxes. However, when state and local taxes are required on construction materials installed by the Contractor, such taxes must be included in the

Contractor’s Bid price.

4.12 SCHOOL DISTRICT CONTRACTOR CODE OF CONDUCT

While performing any Work under the Contract, each Contractor, including its employees, agents and subcontractors, must abide by the Academy’s Contractor Code of Conduct, which is attached hereto and incorporated herein as APPENDIX E.

V. BID

5.1 BID FORMS AND PRICING

Each Contractor shall submit its Bid using the Bid Pricing Form attached hereto as

APPENDIX B, along with any other information required by this RFB or deemed necessary and appropriate by the Contractor for evaluation of its Bid. Bid Pricing is to reflect an award by the Academy of Work contemplated in, and in accordance with, the terms and conditions of the RFB and the Contract. Pricing shall be broken down by the Contractor and quoted as required in the Bid Form set forth in

APPENDIX B. All pricing shall be a not-to-exceed amount and include all costs and expenses of Contractor to complete the respective Work, such as all supplies, materials, labor, equipment, Prevailing Wage Rates, insurance, permits, bonds (if applicable), taxes, overhead/profit, etc.

5.2 BIDDING CHECKLIST

In addition to the Bid Pricing Form and any information required under Section 5.1 above, please attach copies of the following documents to your Bid:

5.2.1 Bid Pricing Form and detailed list setting forth any exceptions to the RFB and/or

Contract, or other special considerations or conditions of the Contractor, including explanations of such exceptions or the reason such terms and conditions of the RFB or form of Contract cannot be met by, or are not applicable to, the Contractor.

5.2.2 Provide a list of Contractor’s References (K-12 references preferred) with which

Contractor has contracted to perform the work or services similar to the Work described herein. The Contractor must provide this information, including contact names, addresses, phone numbers and type and scope of work/services provided.

5.2.3 Contractor’s Verification of addenda to the RFB, if any.

5.2.4 Evidence of the Contractor’s ability to provide adequate insurance coverages as required by this RFB and the Contract to protect the interests of the Contractor and the Academy.

5.2.5 A completed Familial Disclosure Affidavit, which is attached hereto as

APPENDIX C.

5.2.6 A completed Iran Sanctions Act Affidavit of Compliance, which is attached hereto as APPENDIX D.

APPENDIX A

SPECIFICATIONS AND COMPLIANCE REQUIREMENTS FOR THE WORK

1. SPECIFICATIONS:

a. Sign Type: Monument Sign (Double Sided)

b. Materials: 6 mm EMC display, cabinet with vinyl application, brick finish on base

c. Color Specifications:

i. White (789D4A)

ii. Green (A9C47F)

iii. Light Green

d. Dimensions:

i. Content Area: 48 sqft

ii. Total Structure: 68.5 sqft

e. Placement:

i. Setback: 5 feet from the property line

ii. Right of Way: 33 feet from the center of the road

f. Day and Night Visibility

g. Images to be included:

i. School Logo (going through a rebrand currently so the current school logo may be used for mockups). Current logo can be found on https://wma-es.com/

ii. Proudly managed by Choice Schools Associates

iii. Authorized by The Governor John Engler Center for Charter Schools

Central Michigan University

2. MINIMUM COMPLIANCE REQUIREMENTS:

When submitting a Bid, each Bidder acknowledges and agrees to the following:

● Equipment: Equipment shall be new, unused, and of current model under standard production by the manufacturer.

● Equipment Deviation: Any deviation from the equipment listed must be noted in writing on Appendix B as an exception.

● Subcontracting: Work/services provided for this project may not be subcontracted without the prior written approval of the Academy.

● Suspensions and Debarment: The Contractor hereby certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with West

Michigan Academy of Environmental Science or the State of Michigan.

● Warranties: The Contractor warrants that all articles, materials, and goods shall be consistent with manufacturer’s specifications and will be free from defects. The

Academy reserves the right to return any goods that are not as warranted to the https://wma-es.com/ https://wma-es.com/

Contractor at the Contractor’s sole expense, for either replacement with an acceptable product or credit, without additional charge to the Academy.

● Certification of Specifications Compliance: Certifies compliance with the items listed above and further certifies that the company is licensed to perform the

Work/services and provide the articles, materials, and goods stated in this RFB.

3. STATE PREVAILING WAGES:

State Prevailing Wages Rates for this project for all classes of construction mechanics required for the Work are contained in this Appendix A, as APPENDIX A-1.

(SEE ATTACHED APPENDIX A-1)

APPENDIX A-1

STATE OF MICHIGAN

Wage and Hour Division PO Box 30476

Lansing, MI 48909 517-284-7800

Informational Sheet: Prevailing Wages on State Funded Projects

WHD 9918 (2/24)

REQUIREMENTS

Effective February 13, 2024

The purpose of establishing prevailing rates is to provide minimum rates of pay that must be paid to workers on construction projects that are financed or financially supported by the state Prevailing rates compiled from the rates contained in collectively bargained agreements which cover the locations of the state projects. While the prevailing wage rates are compiled through surveys of collectively bargained agreements, a collective bargaining agreement is not required for contractors to be on or be awarded state projects. The prevailing rate schedule provides an hourly rate which includes wage and fringe benefit totals for designated construction mechanic classifications. The overtime rates also include wage and fringe benefit totals. Please pay special attention to the overtime and premium pay requirements. The prevailing wage is satisfied when wages plus fringe benefits are equal to or greater than the required rate.

State of Michigan responsibilities:

• The department establishes the prevailing rate for each classification of construction mechanic requested by the contracting agents prior to contracts being let out for bid on a state project.

DTMB responsibilities

• If a contract is not awarded or construction does not start within 90 days of the date of the issuance of rates, a re- determination of rates must be requested by the contracting agents.

• Rates for classifications needed but not provided on the Prevailing Rate Schedule, must be obtained prior to contracts being let out for bid on a state project.

Contractor responsibilities:

• Every contractor and subcontractor shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing rates prescribed in a contract.

• Every contractor and subcontractor shall keep an accurate record showing the name and occupation of and the actual wages and benefits paid to each construction mechanic. This record shall be available for reasonable inspection by DTMB or the department.

• Each contractor or subcontractor is liable for the payment of the prevailing rate to its employees.

• The prime contractor is responsible for advising all subcontractors of the requirement to pay the prevailing rate prior to commencement of work.

• A construction mechanic shall only be paid the apprentice rate if registered with the United States Department of Labor, Bureau of Apprenticeship and Training and the rate is included in the contract.

Enforcement:

A person who has information of an alleged prevailing wage violation on a prevailing wage project may file a complaint with the State of Michigan. The department will investigate and attempt to resolve the complaint informally. During the course of an investigation, if the requested records and posting certification are not made available in compliance with contractual requirements, the Contracting Agent may consider the Contractor to be in material breach of the contract and may terminate the contract for cause at the sole discretion. There are also civil penalties for failure to be in compliance with Act 10. View the entire text of Act 10 of 2023 at michigan.gov/wagehour.

Informational Sheet: Prevailing Wages on State Projects

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WHD-9917 2/24

General Information Regarding Fringe Benefits

Certain fringe benefits may be credited toward the payment of the Prevailing Wage Rate:

o If a fringe benefit is paid directly to a construction mechanic o If a fringe benefit contribution or payment is made on behalf of a construction mechanic o If a fringe benefit, which may be provided to a construction mechanic, is pursuant to a written contract or policy o If a fringe benefit is paid into a fund, for a construction mechanic

When a fringe benefit is not paid by an hourly rate, the hourly credit will be calculated based on the annual value of the fringe benefit divided by 2080 hours per year (52 weeks @ 40 hours per week).

The following is an example of the types of fringe benefits allowed and how an hourly credit is calculated:

Vacation 40 hours X $14.00 per hour = $560/2080 = $.27 Dental insurance $31.07 monthly premium X 12 mos. = $372.84 /2080 = $.18 Vision insurance $5.38 monthly premium X 12 mos. = $64.56/2080 = $.03 Health insurance $230.00 monthly premium X 12 mos. = $2,760.00/2080 = $1.33 Life insurance $27.04 monthly premium X 12 mos. = $324.48/2080 = $.16 Tuition $500.00 annual cost/2080 = $.24 Bonus 4 quarterly bonus/year x $250 = $1000.00/2080 = $.48 401k Employer Contribution $2000.00 total annual contribution/2080 = $.96

Total Hourly Credit $3.65

Other examples of the types of fringe benefits allowed:

Sick pay Holiday pay Accidental Death & Dismemberment insurance premiums

The following are examples of items that will not be credited toward the payment of the Prevailing Wage Rate o Legally required payments, such as:

Unemployment Insurance payments Workers’ Compensation Insurance payments FICA (Social Security contributions, Medicare contributions) o Reimbursable expenses, such as:

Clothing allowance or reimbursement Uniform allowance or reimbursement Gas allowance or reimbursement Travel time or payment Meals or lodging allowance or reimbursement Per diem allowance or payment o Other payments to or on behalf of a construction mechanic that are not wages or fringe benefits, such as:

Industry advancement funds Financial or material loans

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OVERTIME PROVISIONS for MICHIGAN PREVAILING WAGE RATE COMMERCIAL SCHEDULE

1. Overtime is represented as a nine character code. Each character represents a certain period of time after the first 8 hours Monday thru Friday.

Monday thru Friday

Saturday

Sunday & Holidays

Four 10s

First 8 Hours 4

8 9 9th Hour 1 5

10th Hour 2 6

Over 10 hours 3 7

Overtime for Monday thru Friday after 8 hours:

the 1st character is for time worked in the 9th hour (8.1 - 9 hours) the 2nd character is for time worked in the 10th hour (9.1 - 10 hours) the 3rd character is for time worked beyond the 10th hour (10.1 and beyond)

Overtime on Saturday:

the 4th character is for time worked in the first 8 hours on Saturday (0 - 8 hours) the 5th character is for time worked in the 9th hour on Saturday (8.1 - 9 hours) the 6th character is for time worked in the 10th hour (9.1 - 10 hours) the 7th character is for time worked beyond the 10th hour (10.01 and beyond)

Overtime on Sundays & Holidays The 8th character is for time worked on Sunday or on a holiday

Four Ten Hour Days The 9th character indicates if an optional 4-day 10-hour per day workweek can be worked between Monday and Friday without paying overtime after 8 hours worked, unless otherwise noted in the rate schedule. To utilize a 4 ten workweek, notice is required from the employer to employee prior to the start of work on the project.

2. Overtime Indicators Used in the Overtime Provision:

H - means TIME AND ONE-HALF due X - means TIME AND ONE-HALF due after 40 HOURS worked D - means DOUBLE PAY due Y - means YES an optional 4-day 10-hour per day workweek can be worked without paying overtime after 8 hours worked N - means NO an optional 4-day 10-hour per day workweek cannot be worked without paying overtime after 8 hours worked

3. EXAMPLES:

HHHHHHHDN - This example shows that the 1½ rate must be used for time worked after 8 hours Monday thru Friday (characters 1 - 3); for all hours worked on Saturday, 1½ rate is due (characters 4 - 7). Work done on Sundays or holidays must be paid double time (character 8). The N (character 9) indicates that 4 ten-hour days is not an acceptable workweek at regular pay.

XXXHHHHDY - This example shows that the 1½ rate must be used for time worked after 40 hours are worked Monday thru Friday (characters 1-3); for hours worked on Saturday, 1½ rate is due (characters 4 – 7). Work done on Sundays or holidays must be paid double time (character 8). The Y (character 9) indicates that 4 ten-hour days is an acceptable alternative workweek.

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ENGINEERS - CLASSES OF EQUIPMENT LIST

UNDERGROUND ENGINEERS

CLASS I

Backfiller Tamper, Backhoe, Batch Plant Operator, Clam-Shell, Concrete Paver (2 drums or larger), Conveyor Loader (Euclid type), Crane (crawler, truck type or pile driving), Dozer, Dragline, Elevating Grader, End Loader, Gradall (and similar type machine), Grader, Power Shovel, Roller (asphalt), Scraper (self propelled or tractor drawn), Side Broom Tractor (type D-4 or larger), Slope Paver, Trencher (over 8’ digging capacity), Well Drilling Rig, Mechanic, Slip Form Paver, Hydro Excavator.

CLASS II

Boom Truck (power swing type boom), Crusher, Hoist, Pump (1 or more 6" discharge or larger gas or diesel powered by generator of 300 amps or more, inclusive of generator), Side Boom Tractor (smaller than type D-4 or equivalent), Tractor (pneu-tired, other than backhoe or front end loader), Trencher (8’ digging capacity and smaller), Vac Truck.

CLASS III

Air Compressors (600 cfm or larger), Air Compressors (2 or more less than 600 cfm), Boom Truck (non-swinging, non-powered type boom), Concrete Breaker (self-propelled or truck mounted, includes compressor), Concrete Paver (1 drum, ½ yard or larger), Elevator (other than passenger), Maintenance Man, Mechanic Helper, Pump (2 or more 4" up to 6" discharge, gas or diesel powered, excluding submersible pump), Pumpcrete Machine (and similar equipment), Wagon Drill Machine, Welding Machine or Generator (2 or more 300 amp or larger, gas or diesel powered).

CLASS IV

Boiler, Concrete Saw (40HP or over), Curing Machine (self-propelled), Farm Tractor (w/attachment), Finishing Machine (concrete), Firemen, Hydraulic Pipe Pushing Machine, Mulching Equipment, Oiler (2 or more up to 4", exclude submersible), Pumps (2 or more up to 4" discharge if used 3 hrs or more a day-gas or diesel powered, excluding submersible pumps), Roller (other than asphalt), Stump Remover, Vibrating Compaction Equipment (6’ wide or over), Trencher (service) Sweeper (Wayne type and similar equipment), Water Wagon, Extend-a-Boom Forklift.

HAZARDOUS WASTE ABATEMENT ENGINEERS

CLASS I

Backhoe, Batch Plant Operator, Clamshell, Concrete Breaker when attached to hoe, Concrete Cleaning Decontamination Machine Operator, Concrete Pump, Concrete Paver, Crusher, Dozer, Elevating Grader, Endloader, Farm Tractor (90 h.p. and higher), Gradall, Grader, Heavy Equipment Robotics Operator, Hydro Excavator, Loader, Pug Mill, Pumpcrete Machines, Pump Trucks, Roller, Scraper (self-propelled or tractor drawn), Side Boom Tractor, Slip Form Paver, Slope Paver, Trencher, Ultra High Pressure Waterjet Cutting Tool System Operator, Vactors, Vacuum Blasting Machine Operator, Vertical Lifting Hoist, Vibrating Compaction Equipment (self-propelled), and Well Drilling Rig.

CLASS II

Air Compressor, Concrete Breaker when not attached to hoe, Elevator, End Dumps, Equipment Decontamination Operator, Farm Tractor (less than 90 h.p.), Forklift, Generator, Heater, Mulcher, Pigs (Portable Reagent Storage Tanks), Power Screens, Pumps (water), Stationary Compressed Air Plant, Sweeper, Water Wagon and Welding Machine.

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CARPENTER CRAFT JURISDICTION

Michigan recognizes the Carpenters for any and all work related to weatherization that has historically been the work of the Carpenter. This work shall include, but not be limited to: all work defined under the Federal Weatherization Assistance Program.

The jurisdiction of Carpenters, as to all work that has historically and traditionally been performed consisting of the milling, fashioning, joining, assembling, erecting, fastening or dismantling of all materials of wood, plastic, metal, fiber, cork, or composition and all other substitute materials, as well as the handling, cleaning, erecting, installing and dismantling of all machinery, equipment and all materials used by Carpenters.

The jurisdiction, therefore, extends over the following divisions and subdivisions of the trade: Carpenters and Joiners, Millwrights, Pile Drivers, Bridge, Dock and Wharf Carpenters, Underpinners, Timbermen, and Core-drillers, Shipwrights, Boat Builders, Ship- hand, Stair-Builders, Millmen, Wood and Resilient Floor Decorators, Floor Finishers, Carpet-layers, Shinglers, Siders, Insulators, Acoustic and Drywall Applicators, Sharers and House Movers, Loggers, Lumber and Sawmill Workers, Reed and Rattan Workers, Shingle Weavers, Casket and Coffin Makers, Railroad Carpenters and Car Builders, regardless of material used and all those engaged in the operation of woodworking or other machinery required in fashioning, milling or manufacturing of products used in the trade, and the handling, erecting and installing materials on any of the above divisions or sub-divisions, burning, welding and rigging incidental to the trade. When the term "Carpenter and Joiner" is used, it shall mean all the subdivisions of the trade. The trade autonomy of Carpenters therefore extends over the divisions and subdivisions of the trade, which are set forth as follows:

(a) The framing, erecting and prefabrication of roofs, partitions, floors and other parts of buildings of wood, metal, plastic or other substitutes; application of all metal flashing used for hips, valleys and chimneys; the erection of Stran Steel section or its equal. The building and setting of all forms and centers for brick and masonry. The fabrication and erection of all forms for concrete and decking, the dismantling of same (as per International Agreement) when they are to be re-used on the job or stored for re-use. The cutting and handling of all falsework for fireproofing and slabs. Where power is used in the setting or dismantling of forms, all signaling and handling shall be done by carpenters. The setting of templates for anchor bolts for structural members and for machinery, and the placing, leveling and bracing of these bolts. All framing in connection with the setting or metal columns. The setting of all bulkheads, footing forms and the setting of and fabrication of, screeds and stakes for concrete and mastic floors where the screed is notched or fitted, or made up of more than one member. The making of forms for concrete block, bulkheads, figures, posts, rails, balusters and ornaments, etc.

(b) The handling and erecting of rough material and drywall, the handling, assembly, setting and leveling of all fixtures, display cases, all furniture such as tables, chairs, desks, coat racks, etc., all de-mountable or moveable partitions such as Von wall, E Wall, Steel Case, Herman Miller, Haworth, American Seating, Westinghouse, Lazy Boy, rosewood, etc. All rebuilding, remodeling and setting up of all kinds of partitions, finished lumber, metal and plastic trim to be erected by Carpenters shall be handled from the truck or vehicle delivering same to the job by Carpenters.

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CARPENTER CRAFT JURISDICTION

(c) The building and moving of all scaffolding runways and staging where carpenters'…

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