751.24215.JLM-SPEC 2026 06 04.pdf

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

State of Michigan Department of Technology, Management and Budget

State Facilities Administration Design and Construction Division

50K SPEC

Bidding and Contract Document

Minor Projects

File No.: 751/24215.JLM Department of Natural Resources

Allegan State Game Area Pole Barn Improvements

SNA PROJECT NO. 26-110

May 12, 2026

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

BID SUMMARY

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

DESIGN AND CONSTRUCTION DIVISION

3111 W. St. Joseph Street Lansing, Michigan 48917

Bids must be submitted electronically through the SIGMA website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService

FILE NUMBER

751/24215.JLM

DEPARTMENT/AGENCY

Department of Natural Resources - 751

CONTRACT TIME(S)

75 calendar days

PROJECT NAME

Allegan State Game Area (SGA) Pole Barn Improvements

LOCATION

4590 118th Ave, Allegan, MI 49010

BID OPENING DATE

Wednesday June 17, 2026 at 2:00 pm ET

FOR AN EXAMINATION OF THE SITE CONTACT:

Pre-bid Conference at site June 4, 2026 at 10:00 AM ET

SEE SECTION 00100 INSTRUCTIONS TO BIDDERS AND SECTION 00700 GENERAL CONDITIONS PROVIDED WITH THE BIDDING DOCUMENTS.

BID: WE PROPOSE TO FURNISH, PERFORM AND COMPLETE THE ENTIRE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS IN

CONSIDERATION OF THE BID PRICE (S) STATED BELOW.

FIRM NAME AND COMPLETE ADDRESS TELEPHONE NUMBER and E-MAIL ADDRESS

□ Qualified Disabled Veteran

SIGMA VENDOR NUMBER

(protected information required for processing payments)

BIDDER'S SIGNATURE AND TITLE DATE WITNESS' SIGNATURE DATE

By signing this bid above, bidder certifies their enclosed Qualified Disabled Veteran and Michigan-Based Business Certifications.

*Protected information required for processing payments.

Base Bid (from Bid Schedule) (Include specified Allowance): ............................................... ……….Dollars $______________________ Alternate 1: PROVIDE AND INSTALL 100 BTU MODINE PROPANE HEATER .................. ……….Dollars $______________________ Alternate 2: PROVIDE AND INSTALL 2-1/2” HUBER INSUL SHEATHINGIN LIEU OF 1-1/2” ……Dollars $______________________

BID GUARANTEE REQUIRED: A FIVE (5) PERCENT BID SECURITY IS REQUIRED FOR ALL BIDS. BUILDERS RISK INSURANCE IS REQUIRED TO BE PROVIDED BY THE CONTRACTOR UNLESS OTHERWISE INDICATED IN THE BID DOCUMENTS A PERFORMANCE

BOND AND A PAYMENT BOND IS REQUIRED ON ALL BIDS OVER $50,000.00.

NOTE: BIDDERS ARE CAUTIONED TO FAMILIARIZE THEMSELVES WITH ALL OF THE CONDITIONS OF THE CONTRACT AS SET

FORTH THROUGHOUT THE BIDDING AND CONTRACT DOCUMENTS.

Project Scope of Work:

SGA (1,890+/- SF) Pole Barn Improvements to include the insulation of the full building (walls and ceiling) including a new insulated overhead door, install (2) new ceiling fans, install (2) new attic louvers, new thermostat to control existing exhaust fans, new interior lighting and Alternate No. 1 to install a new Modine propane heater (propane tank by fuel provider) and Alternate No. 2 to provide and install 2-1/2” Huber insulated sheathing in lieu of 1-1/2”

The Bidder must figure its Base Bid on the specified, or Addendum-approved, materials and equipment only. No “or equal” or substitution proposals will be permitted after Bid opening, except as provided in the General Conditions.

Contract Time(s): 75 Calendar days

Addenda: Bidder acknowledges receipt of Addenda: No. ___ dated: ________, No. ___ dated: ________ No. ___ dated: ________

This Bid Summary is intended to serve as a summary page. Failure to complete this Bid Summary and its related Bid Form Attachments may be cause for the Bid to be rejected.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

BID SCHEDULE

Base Bid Schedule – The Bidder will complete the Work and accept as full payment, for the Work items listed, the following Unit Prices and/or Item Bid Prices as applicable:

Base Bid Item No.

Bid Quantity

Description Unit Price

Item Bid Price

1 1 LS All work shown in the drawings and specifications

TOTAL (This amount should equal the Base Bid amount on the Bid Summary Form) $

Schedule of Alternates – The bidder will complete (or deduct from the Contract) the parts of the Work designated by the Alternates that follow and accept in full payment (or in full credit) for those parts of the Work the following Item Bid Prices:

Alternate Item No.

Bid Quantity

Description Unit Price

Item Bid Price

1 1 LS Provide & Install Modine Propane Heater

2 1 LS Provide 2-1/2” Huber insulated sheathing in lieu of 1-1/2”

The Bidder further acknowledges and agrees that the separate prices bid on this “Schedule of Alternates,” where they are applicable and deemed acceptable by the Owner issues the Notice of Award.

Name of Bidder:

SIGMA VENDOR NUMBER.:

Date:

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

INSTRUCTIONS TO BIDDERS

1. PRE-BID INFORMATION

1.1 Invitation to Bid (ITB) − Bids must be submitted electronically through the SIGMA website at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService. The State reserves the right to cancel this Invitation to Bid (ITB) or change the date and time for submitting Bids by announcing same at any time before the established date and time for Bid opening. Bids must remain open for acceptance by the Owner for no less than the Bid hold period. Contractor may agree to extend the Bid hold period. However, any such extension must be based upon no increase in the Bid Price and/or Contract Time.

1.2 Work Description − The Work, Allegan State Game Area (SGA) Pole Barn Improvements , DTMB File No. 751/24215.JLM, includes, but is not necessarily limited to:

SGA (1,890+/- SF) Pole Barn Improvements to include the insulation of the full building (walls and ceiling) including a new insulated overhead door, install (2) new ceiling fans, install (2) new attic louvers, new thermostat to control existing exhaust fans, new interior lighting and Alternate No. 1 to install a new Modine propane heater (propane tank by fuel provider) and Alternate No. 2 to provide and install 2-1/2” Huber insulated sheathing in lieu of 1-1/2”

The site is located 4590 118th Ave, Allegan, MI 49010, as shown on the Drawings.

1.3 Bid Security − Each Bid must enclose a duly executed Bid Security, in the amount of five percent (5%) of the Bidder's Base Bid, paid to the “State of Michigan” in the form of a certified or cashier’s check or money order drawn upon a bank insured by an agency of the Federal Government, or a bid bond signed by both the Bidder and the authorized surety company. If Bid Security is by check or money order, such certified or cashier’s check or money order must be delivered in original copy before the Bid Due Time to:

State Facilities Administration Design & Construction Division

3111 W. St. Joseph Street Lansing, Michigan 48917

All other Bid information must be submitted via SIGMA as per standard bidding procedure.

1.4 Pre-Bid Conference − A mandatory voluntary pre-bid conference will be held at the site at 4590 118th Ave, Allegan, MI on June 4, 2026 at 10:00 AM ET. A tour will will not be held on the same day, following the Pre-Bid Conference. All prospective Bidders are required encouraged to attend the tour, if held. Other parties interested in the Work are encouraged to attend the tour.

Addenda may be issued, in response to issues raised at the pre-bid conference and tour, or as the Owner and/or Professional may otherwise consider necessary.

1.4 Contact Person − All requests or inquiries concerning the Bidding Documents, or the Work must be addressed to PSC: Frank Pettinati fpettinati@schley-aia.com by Wednesday, June 10, 2026 at 5:00 pm, replies will be by Friday June 12 at 5:00 PM.

2. PREPARATION OF BID: Execute Bid fully and properly. Bid Summary Form and Bid Form Attachments must be used and completely filled out for the Bid to be considered responsive and meeting the requirements of the contract solicitation. All Bid prices must be printed or typed in both words and figures.

BID CONTENTS: Bid Form and Bid Form Attachments must be used, completely filled out, and signed with an authorized signature to be a valid Bid. All Bid prices must be printed or typed in both words and figures. The Bid will consist of the following forms:

Bids Forms to be submitted All Signed Bid Summary Form

Bid Schedule Qualified Disabled Veteran (QDV) Business Representation & Certification of a Michigan Based Business Bid Security in the amount of 5% of Base Bid Price Signature Authorization as noted below Asbestos Abatement Attestation State Project Registration (SPR) for the Contractor and subcontractors (if applicable pursuant to 2023 PA 10, as amended, MCL 408.1101 et seq.)

Other Forms N/A

3. SIGNATURES: All bids, notifications, claims, and statements must be signed as follows:

(a) Corporations: Signature of official shall be accompanied by a certified copy of the resolution of the Board of Directors authorizing the individual signing to bind the corporation.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

(b) Partnerships: Signature of one (1) partner shall be accompanied by a certified copy of the power of attorney authorizing the individual signing to bind all partners. If bid is signed by all partners, no authorization is required.

(c) Individual: No authorization is needed. Each signature must be witnessed.

4. BID PRICES: The Bidder’s Base Bid and Alternate Bid prices must include, and assure payment for completed Work and will compensate in full for all services, obligations, responsibilities, management, supervision, labor, materials, devices, equipment, construction equipment, general conditions, permits, patent fees and royalties, testing, inspection and approval responsibilities, warranties, temporary facilities, small tools, supplies, insurance, taxes, mobilization, close-out, overhead and profit and all connections, appurtenances and any other incidental items of any kind or nature, as are necessary to complete the Work, in a neat, first quality, workmanlike and satisfactory manner in accordance with the Drawings and Specifications and as otherwise required to fulfill the requirements of the Bidding Documents.

5. INSPECTION OF BIDDING DOCUMENTS AND SITE CONDITIONS: The Bidder must carefully review and inspect all bidding documents, site conditions, all applicable statutes, regulations, ordinances and resolutions addressing or relating to the goods and services under this contract. Failure to do so or failure to acquire clarifications and answers to any discovered conflicts, ambiguities, errors or omissions in the Bidding Documents will be at the Bidder’s sole risk.

6. SAFETY REQUIREMENTS AND LAWS: The Bidder awarded the Contract must comply with all applicable federal, state, and local Laws including health and safety regulations, environmental protection, permits and licensing.

7. INTERPRETATIONS AND ALTERATIONS TO THE BID AND BIDDING DOCUMENTS: All requests for clarification or interpretation of the Bidding Documents, all proposals for any modifications to the Bidding Documents, all requests for information and all other questions or inquiries about the Bidding Documents and/or the Work shall be submitted in writing to the PSC Contact Person identified in the Bid Documents. Requests or inquiries received less than seven Calendar Days before the date of Bid opening will be answered only if (a) the response can be given through Addenda made available at least seventy-two hours before Bid opening (counting Business Days only), (b) the Bid opening is postponed by Addendum, or (c) the Work is rebid without re-advertising following the issuance of post-Bid Addenda. Any addition, limitation or provision made with or attached to the Bid may render it non-responsive and/or irregular and be a cause for rejection. The Owner reserves the right to issue post-Bid Addenda after opening the Bids and set a new date for the receipt and opening of sealed Bids.

8. MODIFICATION OF RECEIVED BID: The entire bid must be resubmitted on the SIGMA website.

9. REJECTION OR WITHDRAWAL: The State reserves the right to reject any bids and to waive any informality, defects, or irregularity in bids.

Bids may not be withdrawn within sixty (60) calendar days after opening date. The sole liability of any bid error or mistake rests with the bidder.

10. SIGMA VENDOR NUMBER: If you are bidding a State job for the first time, visit the State of Michigan SIGMA website, https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService, and follow the “SOM VSS User Guide for New Vendors” instructions, located under Forms and Reference Documents. Registration is required for bid submission. Do not wait until the last minute to submit a proposal, as the SIGMA system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA system will not allow a proposal to be submitted after the proposal deadline, even if a portion of the proposal has been updated.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 373-4111 or (888) 734-9749.

11. MATERIALS AND EQUIPMENT: Any Bidder wishing to use manufacturers or materials other than those specified must submit a written request to the PSC not later than seven days before due date for Bids. Request must be accompanied by product data to permit evaluation and comparison with specified products or materials. The Bidder submitting the request will be responsible for its prompt delivery. The PSC and the Owner will examine and evaluate the product data and if found acceptable, an Addendum will be issued and posted on the State’s bid system website. All Addenda issued will become part of the Contract. Contractor will be responsible for any extra work and expense incurred to satisfactorily and completely incorporating each substitute product into the Project.

12. MICHIGAN PRODUCTS AND RECYCLED PRODUCTS: All Contractors and Suppliers are encouraged to provide Michigan-made products and/or recycled products and/or green products and/or environmentally friendly products whenever possible where price, quality, and performance are equal to, or superior to, non-Michigan products and the requirements of the Contract Documents. The Contractor will be required to use alternatives to landfills for waste disposal such as reuse or recycle of asphalt, bricks, concrete, masonry, plastics, paint, glass, carpet, metals, wood, drywall, insulation, and any other waste materials to the extent practical.

13. QUALIFIED DISABLED VETERANS (QDV) PREFERENCE: Each bid requesting the Qualified Disabled Veterans (QDV) preference, in accordance with Public Act 22 of 2010, MCL 18.1241(3), shall include a DD 214 Proof of Service and Discharge, a Veterans Administration rating decision letter, proof of disability (if the disability is not indicated on the DD 214), and appropriate legal documents setting forth the 51% natural persons QDV ownership. The Contractor will be required to submit applicable bonds and insurance. Upon acceptance by the State, this document will constitute the Contract and the executed duplicate will be returned to the Contractor. The Contract, however, is not in force until the Contractor has complied with all the requirements of insurance and bonds.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

14. PREVAILING WAGE: The Bidding Documents include either the attached Appendix V of prevailing rates of wages and fringe benefits for all classes of Construction Mechanics called for in the Bid and resulting Contract, if any, or the attached current prevailing wage determination issued by the U.S. Department of Labor, as applicable depending on the funding source(s).

To the extent 2023 PA 10, as amended, MCL 408.1101 et seq. is applicable, the bid response for a state project must include a copy of the State Project Registration (SPR) for the Contractor and for each Subcontractor of the Contractor that has been selected at the time the Contractor submits the Bid.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

GENERAL CONDITIONS

ARTICLE 1 - Definitions/Glossary:

Addenda – Written instruments that are used by the Owner and/or PSC to incorporate interpretations or clarifications, modifications, and other information into the Bidding Documents. An Addendum issued after Bid opening to those Bidders who submitted a Bid, for the purpose of re-bidding the Work without re-advertising, is referred to as a post-Bid Addendum.

Alternate – Refers to work specified in the Bidding Documents, separate from the Base Bid Price, which the owner may elect to add or deduct from the base bid.

Bid – Written offer by the Bidder for the Work, as specified, which designates the Bidder’s Base Bid and Bid Prices for all Alternates.

Bidder – The Person acting directly, or through an authorized representative, who submits a Bid to the Owner.

Bidding Documents – The proposed Contract Documents as advertised, and all Addenda issued before execution of the Contract.

Bid Price – The Bidder’s price for a lump sum item of work and/or the product of the Bidder’s unit price for an item of Unit Price Work times the quantity given on the Bid Form for that item.

Change Order – A written order issued and signed by the Owner, which amends the Contract Documents for changes in the Work or an adjustment in Contract Price and/or Contract Time.

Construction Mechanic – A skilled or unskilled mechanic, laborer, worker, helper, assistant, or apprentice working on a state project but shall not include executive, administrative, professional, office, or custodial employee.

Contract Time(s) – The Contract Times for the entire Work are the periods allowed, including authorized adjustments, for Substantial Completion and final completion of the Work. The Contract Times for a designated portion of the Work are the periods allowed for Substantial Completion and final completion of any such portion of the Work, as specified in the Contract Documents.

Contractor – Business enterprise with which the Owner has entered into the Contract.

Department of Technology, Management & Budget (DTMB) – The Department of Technology, Management and Budget of the State of Michigan.

Drawings – Part of the Contract Documents graphically showing the Work.

Final Completion − The date at which the punch list and all other outstanding construction issues (including documentation) have been completed to the Owner’s satisfaction so that final payment and close-out of the project can occur.

Hazardous Material – Asbestos containing materials (ACM), Polychlorinated Biphenyls (PCBs), petroleum products, Lead, or such construction materials as paint thinners, solvents, gasoline, oil, etc., and any other like material the manufacture, use, treatment, storage, transportation or disposal of which is regulated by federal, State or local Laws governing the protection of public health, natural resources or the environment.

Notice of Award – Written notice awarding the Bid to the lowest responsive, responsible Bidder (and establishing the Alternates accepted by the Owner).

Notice to Proceed – Written notice directing the Contractor to commence with construction activities and establishing the start date of the Contract.

Owner − The State of Michigan, with whom the Contractor has entered into the Contract and for whom the Work is to be provided.

PSC − The PSC is the Professional Service Contractor, State Agency, individual, or business entity that has the authority to develop/create the Contract Documents.

Progress Schedule − Work Schedule that shows the Contractor's approach to planning, scheduling, and execution of the Work.

Project Director (PD) − Designated State employee(s) responsible for directing and supervising the PSC and the Contractor.

Shop Drawings − Includes drawings, diagrams, illustrations, standard schedules, performance charts, instructions and other data prepared by or for the Contractor to illustrate some part of the Work, or by a Supplier and submitted by the Contractor to illustrate items of material or equipment.

Soil Erosion and Sedimentation Control – The planning, design and installation of appropriate Best Management Practices designed and engineered specifically to reduce or eliminate the off-site migration of soils via water runoff, wind, vehicle tracking, etc.

Specifications − Parts of the Contract Documents organized into Divisions. "Technical Specifications" means Divisions of the Specifications consisting of technical descriptions of materials, equipment, construction systems, standards, and workmanship.

State − The State of Michigan in its governmental capacity, including its departments, divisions, agencies, boards, offices, commissions, officers, employees and agents.

State Facilities Administration (SFA) – SFA is the part of the DTMB responsible for design, construction, and operations and maintenance of State facilities.

Subcontractor − A person having an agreement with the Contractor to provide labor and furnish materials and/or equipment for incorporation into the Work.

Submittals − Includes technical Submittals, Progress Schedules and those other documents required for submission by the Contract Documents. The term "technical Submittal" includes Shop Drawings, brochures, samples, Operation and Maintenance (O&M) Manuals, test procedures and any other Submittal the Contract Documents require the Contractor to submit to demonstrate how the items covered, after installation or incorporation into the Work, will conform to the information given in the Contract Documents and be compatible with the design of the completed Work as a functioning whole.

Substantial Completion − The Work, or a portion of the Work designated in the Contract Documents as eligible for use for its intended purpose by the Owner except for minor items of repairs and/or touch up which do not affect the Owners use of the Project. (The Minor list of incomplete items is identified by the Owner & PSC called the Punch List.

Supplier − A manufacturer or fabricator, a distributor, or a material person or vendor representing a manufacturer or fabricator, who has an agreement with the Contractor to furnish materials and/or equipment.

Unit Price Work − Work involving specified quantities (i.e., related Work quantities) which when performed is measured by the PSC and paid using the measured quantities and Unit Prices contained in the Contract Documents. Performance of Unit Price Work for undefined quantities is contingent upon conditions encountered at the site as determined and authorized by the PSC.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

Work − The entire completed Construction required by the Contract Documents. The Work results from furnishing and performing all services, obligations, responsibilities, management, supervision, labor, materials, equipment, construction equipment, general conditions, permits, taxes, patent fees and royalties, testing, inspection and approval responsibilities, warranties, temporary facilities, small tools, field supplies, Bonds, insurance, mobilization, close-out, overhead and all connections, devices and incidental items of any kind or nature required and/or made necessary by the Contract Documents.

ARTICLE 2 - The Contract: The Contract is inclusive of all written and graphic documents that form the legal agreement between the Owner and the Contractor consisting of this document, completed and signed Bid, terms and conditions of the Contract, Drawings, specifications, Addenda, Notice of Award, Notice to Proceed and Contract Change Orders. This includes the Pre-Construction Procedures document (DTMB-460).

ARTICLE 3 – Interpretations: The PSC has the responsibility of making “Contract” interpretations. Any questions or clarifications requested by the Contractor must be submitted in writing to the PSC and a copy sent to the Project Director (PD).

ARTICLE 4 - Legal Requirements; Access to Payroll Records:

Prevailing Wages - To the extent applicable, Contractor will comply with federal and state prevailing wage requirements. The wage and classification schedules applicable for this project/location are included in Appendix V.

State Prevailing Wages -The following provisions of this Article 4 apply when 2023 PA 10, as amended, MCL 408.1101 et seq.

applies:

Prevailing Wage and Fringe Benefits- The rates of wages and fringe benefits to be paid to each class of Construction Mechanic by Contractor and Subcontractors must not be less than the wage and fringe benefit rates prevailing in the locality in which the work is performed.

Nondiscrimination, Nonretaliation- Contractor or a Subcontractor shall not discharge, discipline, retaliate against, or otherwise discriminate against a Construction Mechanic, or threaten to do any of these things, because the Construction Mechanic reported or was about to report a violation or suspected violation of the act.

Construction Mechanics under this Contract are intended beneficiaries of the contractual prevailing wage, fringe benefit, and nondiscrimination nonretaliation requirements of the Contract. Any such Construction Mechanic aggrieved by failure of a contractor or subcontractor to pay prevailing wages or benefits as specified in the Contract, or by violation of section 7 of 2023 PA 10, in addition to any other remedies provided by law, may bring an action in a court of competent jurisdiction against such contractor or subcontractor for damages or injunctive relief and may be awarded reinstatement or other appropriate relief, and all damages sustained, together with actual costs and attorney fees at trial and on appeal.

Contractor and Subcontractors shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates prescribed in this Contract and shall keep an accurate record showing the name and occupation of and the actual wages and benefits paid to each Construction Mechanic employed by it in connection with the Contract. This record shall be available for reasonable inspection by the State.

Contractor must immediately notify the Owner if Contractor’s state project registration or a Subcontractor’s state project registration is no longer valid (i.e. suspended, revoked or not renewed) at any time during the term of the Contract.

Contractor is to submit certified payrolls, including contractor and subcontractor, not later than 10-days after the end of a pay period to the Department of Labor and Economic Opportunity database via the internet through the Online Certified Payroll Submission process the Contractor signed up for to receive their State Project Registration, 2023 PA 10 as amended, MCL

408.1122. certified payroll is not to be submitted to DTMB at any time.

Access to Payroll Records - The Contractor and its Subcontractors must maintain and keep, in accordance with generally accepted accounting principles, records pertaining to the bidding, award and performance of the Work, including, but not limited to certified payroll, employment records and all data used in estimating the Contractor’s prices for the Bid, Change Order, proposal or claim. The Owner or its representative must have access to those records, must have the right to interview the Contractor’s employees and must be provided with appropriate facilities for the purpose of inspection, audit/review and copying for five years after final payment, termination, or date of final resolution of any dispute, litigation, audit exception or appeal. The certified payroll and other employment records of workers assigned to the site must contain the name and address of each worker, correct wage classification, rate of pay, daily and weekly number of hours worked, deduction made, and actual wages paid. The Contractor must maintain records that show:

(a) the anticipated costs or actual costs incurred in providing such benefits, (b) that commitment to provide such benefits is enforceable, and (c) that the plan or program is financially responsible and has been communicated in writing to the workers affected.

Asbestos Abatement Projects - For projects with Asbestos Abatement, the Contractor must comply with PA 59 of 2024, MCL

338.3371 et seq. as applicable and with APPENDIX III – ASBESTOS ABATEMENT PROJECT PROCEDURES as part of and in conjunction with all other contract requirements.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

ARTICLE 5 - Examination of Premises: The Bidder shall familiarize themselves with the existing conditions of the project work site.

The Bidder must take their own field measurements and be responsible for the correctness of same. If the Contractor denotes any deviations between the existing project work site and the Specifications/plans, the Contractor shall properly notify the Owner and/or the PSC in writing. Failure to notify the Owner and/or the PSC will constitute the Contractor’s acceptance of the existing project work site conditions.

ARTICLE 6 - Materials & Equipment (Substitutions, Submittals, Michigan Products): Unless otherwise specified, all materials shall be new and of the best grade of their respective kinds for the purpose of the Work. Whenever an article, material, or equipment is specified by name, a substitute of equal qualifications may only be used upon the written approval of the PSC. All Contractors and Suppliers are encouraged to provide Michigan-made products, recycled products, and/or environmentally friendly products whenever possible where price, quality, and performance are equal to, the requirements of the Contract Documents. The Contractor will be required to use alternatives to landfills for waste disposal such as reuse or recycle of any waste materials to the extent practical. Prior to starting Work, the Contractor must submit to the PSC and receive approval for general design intent for all required samples and all other technical Submittals that are required by the Contract Documents.

ARTICLE 7 - Other Contracts: During the Contract Time, the Owner may contract for other work and/or self-perform work at or adjacent to the project site. In doing so, the Owner will coordinate the operations of the Contractor and the other work. The Contractor must coordinate its activities with the interfacing work and must provide proper and safe access to the site for the other State -contracted work.

ARTICLE 8 - Protections of Work and Property (Cutting & Patching): The Contractor must do all cutting, fitting, or patching of the Work that may be required to assemble all components, or make the new Work join with the existing surface and materials. The Contractor must take proper precautions so as not to endanger any existing conditions or Work in progress. The Contractor must not cut or alter existing structural members or foundations unless specifically required by the Contract Documents. Openings cut in exterior walls and roofs for installation of materials or equipment must be waterproofed by appropriate, approved materials and methods. All adjacent finished surfaces that are damaged by the new Work must be patched and repaired with materials matching existing surfaces.

Joints between patched and existing materials must be straight, smooth, and flush. Workers applying patching material must be skilled in the appropriate trade required for the specific installation.

ARTICLE 9 – Insurance: No work connected with this Contract shall be started until the Contractor has submitted evidence to the Director that (i) all workers are insured to protect him/her from claims for damages for personal injury or death which may arise from operations under this Contract and that (ii) he/she is covered by the following types and amounts of insurance:

A. Commercial General Liability Insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it must apply separately to this project.

The Contractor must list the State, its departments, divisions, agencies, offices, commissions, officers, employees, and agents as ADDITIONAL INSURED on the Commercial General Liability policy.

B. Contractor must have vehicle liability insurance for bodily injury and property damage as required by law on any auto including owned, hired, and non-owed vehicles used in the Contractor’s business.

The Contractor must list the State, its departments, divisions, agencies, offices, commissions, officers, employers, and agents as ADDITIONAL INSUREDS on the vehicle liability policy.

C. Worker’s disability compensation, disability benefit or other similar employee benefit act with minimum statutory limits. NOTE:

(1) If coverage is provided by a State Fund or if Contractor has qualified as a self-insurer, separate certification must be furnished that coverage is in the state fund or that Contractor has approval to be a self-insurer.

(2) Any citing of a policy of insurance must include a listing of the States where that policy’s coverage is applicable; and

(3) This provision must not be applicable where prohibited or limited by Michigan law.

D. Employer’s Liability Insurance with the following minimum limits:

$1,000,000 each accident $1,000,000 each employee by disease $1,000,000 aggregate disease

Liability Insurance must be endorsed to list as additional insureds, the Professional’s consultants, and agents. Worker’s Compensation, Employer’s Liability Insurance and all other liability insurance policies must be endorsed to include a waiver of rights to recover from the Owner, Professional, and the other additional insureds. The Contractor’s liability insurance must remain in effect through the Correction Period and through any special correction periods. For any employee of the Contractor who is resident of and hired in Michigan, the Contractor must have insurance for benefits payable under Michigan’s Worker’s Compensation Law. For any other employee protected by Worker’s Compensation Laws of any other state, the Contractor must have insurance or participate in a mandatory state fund, where applicable, to cover the benefits payable to any such employee. These requirements must not be construed to limit the liability of the Contractor or its insurers. The Owner does not represent that the specified coverage or limits of insurance are sufficient to protect the Contractor’s interests or liabilities.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

Builder’s Risk Insurance: Unless indicated otherwise in the bid document, the Contractor must purchase and maintain property insurance for 100% of the replacement cost value of the insurable Work (minimum amount to be the contract award amount) while in the course of construction, including foundations, additions, attachments, and all fixtures, machinery and equipment belonging to and constituting a permanent part of the building structures. The property insurance must cover temporary structures, materials and supplies to be used in completing the Work, whether stored offsite, in-transit, or on the building site premises. The property insurance insures the interests of the Owner, Contractor and all Subcontractors and Suppliers at any tier as their interest may appear and name the Owner as Loss Payee.

The property insurance insures against “all risk” of physical loss or damage to the extent usually provided in policy forms of insurers authorized to transact this insurance in Michigan. A copy of the master insurance policy must be available for review by the State, upon request. The deductible amount and the payment of any deductible is the responsibility of the Contractor.

The Owner and Contractor intend that the required policies of property insurance must protect all the parties insured and provide primary coverage for all losses and damages caused by the perils covered. Accordingly, to the extent that the insurance company pays claims, the Owner and the Contractor and its Subcontractors/Suppliers waive all rights against each other for any such losses and damages and also waive all such rights against the Professional and all other persons named as insureds or additional insureds.

Partial payments shall not relieve the Contractor from full responsibility for any damage which may result from any cause including fire or other casualty until completion of the Contract and final payment. Any casualties shall not relieve the Contractor from performing the Contract. Insurance Companies must have a rating of A- or better as listed by A.M. Best Company, http://www.ambest.com. The State of Michigan must be named as an additional insured.

ARTICLE 10 - Changes in the Work (Unit Prices/Allowances): The Contractor shall make changes in the contracted Work only as ordered in writing by the Owner. The State reserves the right to increase or decrease the quantities of the Work to be performed at the Unit Price by amounts up to 100% of the listed estimated quantities. If cash allowances or provisionary allowances are used, the Contractor must obtain written acceptance from the Owner or the PSC before providing items covered under the allowances. On extra work authorized by the Owner, allowance for overhead and profit markups by the Contractor shall not exceed 15% of the cost of Work involved if work is performed by their own forces and up to 5% if work is performed by Subcontractors. However, if work is to be performed by lower tier Subcontractors, the lowest tier Subcontractor performing the work may charge a fee up to 15% of the work involved, plus intermediate Subcontractors and the Contractor must share a maximum fee up to 5% of the lowest tier Subcontractor’s cost excluding fees. In no situation shall the total markups for the Contractor and the Subcontractors exceed 20% of the actual work performed. If a dispute arises between the Owner and Contractor on an adjusted price, the Contractor must continue the Work with due diligence during the dispute/disagreement.

ARTICLE 11 - Termination/Disputes/Claims: The Owner may elect to terminate all or any part of the Work if the Contractor fails to complete the Work, or a specified part of the Work, within the corresponding Contract Time; fails or refuses to supply sufficient management, supervision, workers, materials or equipment; or otherwise fails to prosecute the Work, or any specified part of the Work, with the diligence required to comply with the Contract Time(s); the Contractor persistently disregards the authority of the PSC or violates or disregards a provision of the Contract Documents or the Laws of any Political Subdivision with jurisdiction; the Contractor fails to comply with the Michigan Residency Requirements (1984 PA 431, as amended, MCL 18.1241a); or is found to be in violation of Section 4 of 1980 PA 278 concerning unfair labor practices, or any nondiscrimination requirements imposed by Law, including Executive Directive 2019-09; at any time, the Contractor, Subcontractor or Supplier is in violation of unfair labor practices prohibited by Section 8 of Chapter 327 of the National Labor Relations Act, 29 U.S.C. 158; or the Contractor violates or breaches any material provision of the Contract Documents. The Owner may, without cause and without prejudice elect to terminate any part of the Work, or the Contract in whole or in part, as the Owner may deem appropriate for its convenience or lack of funding. In the case that the Owner terminates the Contract for its convenience or lack of funding, the Contractor must protect and maintain the Work to make reasonable and diligent efforts to mitigate the cost of the Contract services rendered before the effective date of termination. Claims by the Contractor must be submitted to the PSC and PD for review. The Contractor must carry on the Work with due diligence during all disputes or disagreements. The recommendation from the PSC will be the final and binding claim resolution unless the Contractor elects to file suit in the Michigan Court of Claims within 30 Calendar Days after the date of the PSC recommendation for claim resolution.

ARTICLE 12 – Payments: The Contractor will be allowed to make no more than two payment requests, for actual work complete and /or materials delivered, over the duration of this contract, with a final payment of not less than six percent (6% - 2+2+2 closeout) of the total Contract amount. The Contractor must make their requests on the DTMB-440 pay request form and attach all backup information as requested by the PSC and/or the PD.

Electronic Funds Transfer: The State will only disburse payments under this Contract through Electronic Funds Transfer (EFT).

Contractor must register with the State at http://www.michigan.gov/SIGMAVSS to receive electronic fund transfer payments. If Contractor does not register, the State is not liable for failure to provide payment. Without prejudice to any other right or remedy it may have, the State reserves the right to set off at any time any amount then due and owing to it by Contractor against any amount payable by the State to Contractor under this Contract.

ARTICLE 13 - Regulatory Requirements: Contractor shall comply with all federal, state, and local laws, ordinance rules, regulations, orders, codes and other legally enforceable requirements, including the Occupational Health and Safety Act, Michigan Residency Requirements pursuant to 1988 PA 504, Michigan Right to Know Law, and rules, regulations and orders of the Michigan Civil Rights Commission relevant to 1976 PA 453, Section 6. Contractor shall give notice and pay all royalties, building permits, fees and Michigan sales and use taxes.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

ARTICLE 14 – Indemnification: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the State together with its directors, officers, employees, assignees, agents and shareholders (hereinafter collectively called the “Indemnified Parties”), from and against all claims, demands, suits, obligations, liabilities, damages, losses and judgments, including costs and expenses related thereto (including, but not limited to, reasonable attorney’s fees and expenses and any obligation or liability for loss of use or any other incidental or consequential damages, and all fees and expenses incurred by the Indemnified Parties in establishing the right to indemnification hereunder), which may be asserted against, suffered by, charged to or recoverable from the Indemnified Parties by reason of the Contractor’s performance of this agreement.

ARTICLE 15 - Temporary Facilities: The Contractor must furnish and install all temporary facilities and controls required to perform the Work, must remove them from State property upon completion of the Work, and the grounds and existing facilities must be restored to their original condition. If utilities are available in the area where Work will be performed, the Contractor will not be charged for reasonable use of these services for the construction operation. The Contractor must pay the costs for installation and removal of any temporary connections including necessary safety devices and controls. Use of utility services must not disrupt or interfere with operations of the State. The Contractor must provide and maintain a sufficient number of portable temporary toilets in locations approved by the State. The Contractor must comply with all federal, state, and local code requirements and must maintain the temporary toilets in a sanitary condition at all times and must remove them when the Work under this Contract is complete. The Contractor's employees may not be allowed to use any existing State toilet facility except by permission. At the beginning of the Work, the Contractor may be required to provide a field office and storage building at the site in a location acceptable to the Owner. Job signs with the Contractor’s name, logos, specialty, etc. are not allowed. The Contractor must provide adequate temporary heat to maintain the temperature in those areas of the building where Work is being conducted as required by the Product Manufacturer’s installation requirements.

ARTICLE 16 – Testing: The Contractor must assume full responsibility for any testing, inspection, or approvals required to meet code requirements as indicated in the Contract Documents, and as required by material or equipment Suppliers. The Contractor is responsible to make access provisions for all testing and inspections as required. The Owner may contract an independent testing company for certain quality assurance testing. A copy of all reports must be submitted to the PSC and Project Director.

ARTICLE 17 - Contract Time (Schedules): The Contractor shall start the Work on the date established in the Notice to Proceed and shall continue the Work until completed. The Contractor shall submit a construction schedule in a form indicating start dates and finish dates for the total Work and all significant activities of the Work. Normal business working hours are Monday - Friday, 8:00 a.m. - 5:00 p.m., unless otherwise noted, except for State holidays.

ARTICLE 18 - Safety/Cleaning/Working Conditions: The Contractor and its Subcontractors/Suppliers must comply with all applicable federal, State and local laws governing the safety and protection of persons or property, including, but not limited to the Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, as amended. The Contractor is solely responsible for initiating, maintaining and supervising all safety precautions. The Contractor must remove all scrap or removed material, debris, or rubbish from the project work site, including but not limited to roadways, sidewalks, ingress and egress locations, at the end of each working day and more frequently as required. The Contractor cannot discard materials on the grounds of the State Agency without the express permission of the PD. No salvage or surplus material may be sold on the premises of the State Agency. No burning of debris or rubbish is allowed. Before final acceptance by the State, the Contractor must clean all the Work and existing surfaces, building elements and contents that were soiled by their operations and make repairs for any damage or blemish that was caused by the Work.

The Contractor must furnish, install, and maintain and remove when no longer required: adequate barriers, warning signs or lights at all dangerous points throughout the Work for protection of property, workers, and the public. The Contractor must maintain at the site one copy of safety data sheets (SDS), one copy of all as-built/record documents and approved Submittals, clarifications, and interpretations.

ARTICLE 19 – Supervision: Contractor shall enforce good order among the workforce and shall not employ any disorderly, intemperate, or unfit person or anyone not skilled in the work assigned to him/her. The Contractor shall employ a competent person having authority to act for them who shall be always at the worksite when work is being done at the site. He shall have the Contract Documents, Plans/Drawings, Specifications and approved Shop Drawings available on the site at all times. The Contractor must maintain and furnish promptly to the Owner and the Professional upon their request daily field reports and photos recording the on-site labor force and equipment (Contractor and Subcontractors); materials/equipment received; visits by Suppliers; significant in-progress and completed trade Work within major areas; and other pertinent information.

ARTICLE 20 - Project Closure (Record Documents, Guarantees, Warrantees): The Contractor must notify the PSC and the PD when the Work is substantially complete. If the PSC and PD agree that the project is Substantially Complete, a punch list will be developed and attached to the Certificate of Substantial Completion. The Contractor must complete all punch list items by an agreed upon correction period. The Contractor must prepare and submit the following documentation before requesting final inspection or final payment: final operating and maintenance manuals, warranties, inspection certificates, as-built/record documents, Contractor’s ‘Guarantee and Indebtedness Statement’ (DTMB-437) and complete all other Contract requirements.

ARTICLE 21 - Subcontractors/Suppliers/Assignments: The Owner assumes no contractual obligations to anyone other than the Contractor. The Contractor cannot assign his contract responsibilities to others. The Owner reserves the right to reject or revoke, for its convenience, any Subcontractor/Supplier. Work performed by any Subcontractor or Supplier must comply with all contract requirements. For any asbestos abatement projects, Contractor must comply with MCL 338.3375(4) and complete the Asbestos Abatement Attestation Bid Form Attachment.

Bidding and Contract Document (R 11/25) Project Name: DNR- Allegan SGA Pole Barn Improvements File No. 751/24215.JLM

ARTICLE 22 - Hazardous Materials/Environmental Requirements: If the Contractor encounters material reasonably believed to be Hazardous Material, which was not described in the Bid Documents and was not generated or brought to the site by the Contractor, the Contractor must immediately stop all affected work, give written notice to the Owner of the conditions encountered, and take appropriate health and safety precautions in accordance with all federal, state, and local laws.