INGHAM COUNTY ROAD COMMISSION

MASON, MICHIGAN

PROPOSAL #1519

SALT STORAGE BUILDING CONSTRUCTION

Sealed proposals will be received by the staff of the Ingham County Road Commission until 2:00 PM local time on Tuesday, September 11, 2007, in the Board Room of the Ingham County Road Commission’s Austin E. Cavanaugh Administration Building located at 301 Bush Street, P.O. Box 38, Mason, Michigan 48854, telephone number 517-676-9722 or 1-800-968-9733, at which time and place all proposals will be opened and read.

TO: Board of lngham County Road Commissioners 301 Bush Street, P.O. Box 38,

Mason, Michigan 48854-0038

The undersigned has examined the proposal, specifications and the location of the work described herein and is fully informed as to the nature of the work and the conditions relating to its performance.

The undersigned hereby proposes to furnish all necessary machinery, tools, labor, apparatus and other means of construction, do all the work, and furnish all the materials to complete the work herein described in strict accordance with the proposal therefore.

The undersigned further proposes to do such extra work as may be authorized by the lngham County Road Commission, prices for which are not included in the bid. Compensation shall be made on the basis agreed upon in writing before such extra work is begun.

Neither the contractor, or its subcontractors, shall discriminate against any employee or applicant for employment, to be employed in the performance of the work under the contract for this proposal with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height weight or marital status, political affiliations or beliefs, or citizenship, as required by law. The Contractor and all subcontractors shall comply with Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act of 1973 (29 USC 794), the Michigan Elliott Larsens Civil Rights Act (MCL 37.2101, et seq.) and the Michigan Handicappers Civil Rights Act (MCL 37.1101, et seq.). The Contractor further agrees to comply with the regulations of the Department of Transportation on Civil Rights, 49 CFR Part 21, issued pursuant to the Civil Rights Act of 1964. Breach of this covenant shall be regarded as a material breach of the contract for work under this proposal. The Contractor further agrees that every subcontract entered into for the performance of work under this proposal, will contain a provision requiring nondiscrimination in employment, as herein specified, binding upon each sub-contractor.

The performance of work under this agreement may be terminated by the Ingham County Road Commission in whole or in part whenever, for any reason, the Ingham County Road Commission shall determine that such termination is in its best interest. Any such termination shall be instituted by delivery to the Contractor of a written Notice of Termination specifying the extent to which performance of the work under the agreement is terminated and the date on which such termination becomes effective. The Contractor shall be paid for work performed to date of termination. Contractor shall not be entitled to any compensation for lost or anticipated profits for work not performed.

I HAVE READ THIS SECTION AND ACKNOWLEDGE ITS CONTENTS.

Bidding Contractor Representative

PAYMENT OF PREVAILING WAGE.

In accordance with lngham County Road Commission Board Policy #BP221 adopted by the Board of lngham County Road Commissioners on May 2, 1996, by Resolution #127-96.

The Board of lngham County Road Commissioners believes that it is in the best interest of the people of lngham County that the construction work performed for the lngham County Road Commission be done by contractors and subcontractors who agree to pay prevailing wages.

The following policy to pay prevailing wages is revised, adopted and in effect.

1. Every construction contract exceeding $10,000 entered into by the Board of lngham County Road Commissioners (hereinafter referred to as ‘Boards) shall contain the following terms:

(a) The rates of wages, including fringe benefits, paid to each construction mechanic employed by the contractor or subcontractor at all tiers, who fumishes labor on the project which is the subject of this contract, shall be not less than the prevailing wages, including fringe benefits, for such labor as most recently determined by the Michigan Department of Labor, Wage and Hour Division, for Ingham County. In the event the Michigan Department of Labor, Wage and Hour Division, has not published a current wage rate for lngham County and the Managing Director is aware of any currently-prepared wage rate, prepared by any third party, which would be applicable, the Managing Director may use that rate and provide copies to all prospective bidders. Otherwise, the last rate published by the Michigan Department of Labor shall be applicable.

(b) The contractor and any subcontractor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment because of race, color, religion, national origin, ancestry, height, weight, citizenship, sex, age or handicap during the terms of this contract as required by State and/or Federal law.

2. Every contract executed between the Board or its contracting agent and a successful bidder as Contractor, entered into pursuant to advertisement and/or invitation to bid for any lngham County Road Commission project, which requires or involves the employment of construction mechanics, shall contain a wage and fringe benefit schedule as most recently provided for by the Michigan Department of Labor, Wage and Hour Division, for each class of construction mechanic, or, in lieu thereof, the wage and fringe benefit schedule selected by the Managing Director.

3. Every contractor and subcontractor shall keep posted on the construction site, in a conspicuous place, a copy of all prevaiiiog wage and fringe benefit rates prescribed in the contract and all shall keep accurate records showing the name and occupation of, and actual wages and benefits paid to, each construction mechanic employed by that contractor or subcontractor in connection with the contract.

A contractor or subcontractor at any tier shall, upon request of the Board or its contracting agent, provide certified payrolls on U.S. Department of Labor Form WH347 or facsimile for all hours worked. Failure to comply to this requirement is grounds for proceeding under paragraphs 5 and/or 6 hereunder.

4. Any construction mechanic of a contractor under contract with the Board or its contracting agent or a construction mechanic of a subcontractor at all tiers, may file a written complaint with the Board or its contracting agent, if any, challenging the compliance by a contractor or subcontractor with any of the terms noted above. The Board or its contracting agent shall then conduct an investigation to determine whether it will proceed as in paragraph(s) 5 and/or 6 below.

5. If a contractor or subcontractor, at any tier, violates or has breached any term set forth above, the Board or its contracting agent, if any, shall proceed to enforce that term in accordance with the contract and/or by seeking any remedy authorized by law, including rescission of the contract

6. Any contractor or subcontractor, upon being notified that it is in violation of paragraphs 3 or 4 and/or that an amount is due, shall have thirty (30) days to correct the violation(s) and/or pay the deficiency by paying the employee or employees the amounts due. If the person, firm, corporation, or business entity fails to correct the violation or pay within the thirty (30) day period, it shall be subject to the following penalties:

(a) Payment of all wages and fringe benefits, plus interest at two percent per month on those wages and fringe benefits due the employees.

(b) The cost to the lngham County Road Commission shall be calculated using the hourly wage and fringe benefit costs of the Ingham County Road Commission employee(s) involved in the enforcement of this policy plus any other costs incurred including actual attorney fees by the Board; and

(c) The prohibition from bidding on any contract involving the Board for a period of three (3) years if the violation is repeated after the contractor is formally notified. If a bid is submitted within said three (3) year time period, it shall be rejected.

This provision shall be inserted in all bid documents requiring prevailing wages.

7. As used herein:

(a) “Contracting Agent”means any officer authorized to enter into a construction contract by or on behalf of the Board of County Road Commissioners of the County of lngham.

(b) “Contract”means any agreement as a result of competitive bids or otherwise for new construction, alteration, repair, installation, painting, decorating, completion, demolition, conditioning, reconditioning or improvement of roads, buildings or works, which is to be performed for the Board of lngham County Road Commissioners. It does not include repair or service of equipment or machinery already installed.

(c) “Construction Mechanic” means any skilled or unskilled mechanic, laborer, worker, helper assistant, apprentice or driver, but shall not include any Board employees.

(d) Apprentice” means any person who is registered with a bona fide apprentice program recognized by the U.S. Department of Labor, Bureau of Apprenticeship and Training and shall only be used in ratio as prevailing for

the area.

8. Contracts which contain provisions requiring the payment of prevailing wages as determined by the United States Secretary of Labor pursuant to the Federal Davis Bacon Act (United States Code 40 Section 276a, et seq.) or which contain provisions requiring the payment of prevailing wages as determined by the Michigan Department of Labor pursuant to 1965, P.A. 166, as amended, being MCL.A 408.551, et. Seq., are exempt from the provisions of the Resolution.

This policy supersedes and rescinds all prior policies heretofore in effect.

GENERAL PROVISIONS

GENERAL.

The Contractor will provide the lngham County Road Commission with the name and telephone number of its employee in charge for night and weekend calls.

All work will be done in a workmanlike manner and is subject to inspection by the lngham County Road Commission. The job will be left in a condition acceptable to the Ingham County Road Commission.

The successful bidder will be required to furnish a performance bond in the amount of the total contract price and a lien bond in the amount of the total contract price.

INDEMNIFICATION, DAMAGE LIABILITY AND INSURANCE.

The contractor shall comply with the following:

A. Indemnification. The Contractor shall save harmless, indemnify and defend in litigation, lngham County, the Board of lngham County Road Commissioners, the lngham County Road Commission and its agents and employees, against all claims for damages to public or private property and for injuries to persons arising out of and during the progress and completion of the work.

B. Worker’s Compensation Insurance. The Contractor shall certify before the execution of the contract that it carries Worker’s Compensation Insurance. The Contractor must provide a certificate of insurance which shows Worker’s Compensation coverage.

C. Bodily Injury and Property Damage. The Contractor, before execution of the contract, shall file with the lngham County Road Commission, copies of completed certificates of insurance, as evidence that the Contractor carries adequate insurance, satisfactory to the lngham County Road Commission, to afford protection against all claims for damages to public or private property, and injuries to persons, arising out of and during the progress of the work, and to its completion and, where specified in the proposal, similar insurance to protect the owner of premises on or near which construction operations are to be performed.

1. Bodily Injury and Property Damage Other Than Automobile. Unless other-wise specifically required by special provisions in the proposal, the minimum limits of property damage and bodily injury liability covering each contract shall be:

Bodily Injury and Property Damage Liability:

Each Occurrence $1,000,000

Aggregate $2,000,000

2. Bodily Injury Liability and Property Damage Liability Automobile. Unless otherwise specifically required by special provisions, the minimum limits of bodily injury liability and property damage liability shall be:

Bodily Injury Liability:

Each Person $ 500,000
Each Occurrence $1,000,000

Property Damage Uability:

Each Occurrence $1,000,000

Combined Single limit for Bodily Injury and Property Damage Liability:

Each Occurrence $ 2,000,000

SCHEDULE OF WORK AND COORDINATION.

The completion date for the proposed projects is December 1, 2007. Work is not to proceed until the contractor receives a Notice to Proceed from the lngham County Road Commission. A pre-construction meeting will be conducted to discuss all construction details. The Road Commission shall be notified 72 hours in advance of all work activities.

The contract will not be executed until furnishing of the required general liability insurance certificate, worker’s compensation insurance certificate and progress schedule.

HOURS OF WORK.

Work shall be completed by 6:00 P.M. Monday through Saturday. There shall be no work on Sunday. If the Contractor chooses to work on a Saturday, notification must be given to the Project Engineer 48 hours in advance.

SUBCONTRACTING.

Prior to naming a subcontractor for any of the items, the principal contractor must assure himself that each prospective subcontractor meets the following conditions: has sufficient equipment, work force and supervision to complete the designated or specialty items to be subcontracted within the specified time limit and meets with the approval of the lngham County Road Commission.

SCOPE OF PROJECT.

The design and erection of a salt storage building at the Ingham County Road Commission’s Metro District facility located at 5613 South Aurelius Road, Lansing, Michigan 48911.

The Road Commission will require a set of detailed plans at the time of the bid opening. Within three weeks of the award of the contract, and prior to any construction, a set of sealed plans, with a bill of materials, will be delivered to the Ingham County Road Commission by the successful bidder. A registered Professional Engineer will sign the plans. The preparation of the plans shall be included in the bid price.

The Road Commission shall be responsible for acquiring all permits that may be required. The Road Commission will provide soil borings prior to bidding.

The building will be 60’x100’, with 12 foot high reinforced, sealed concrete walls. The design engineer will determine the thickness. There will be three walls, with one 60 foot end left open. Footings to support all loads, their depth and size, shall be determined by the Design Engineer. The building will have a fabric covered roof of 12.5 ounce per square yard, with ultra violet protection, 4.0 mils, average, on each side of the fabric. The building will have a minimum height clearance of 30 feet within 80 percent of the building’s inside width. All steel frameworks, to include trusses, purlins and fastening tubes, shall be coated in accordance with ASTM B 117-90, with 100 percent zinc based organic coating applied to the interior. All welds must have (060301F American Welding Society) certification. All metal fasteners and/or hardware shall be either stainless steel or hot dip galvanized.

The Ingham County Road Commission will provide the floor and all site and excavation work required.

TOTAL LUMP SUM PRICE FOR SALT STORAGE BUILDING: $

BIDDER:

BY:

TITLE:

ADDRESS:

PHONE:

DATE:

REMARKS, IF ANY:

THE BOARD OF INGHAM COUNTY ROAD COMMISSIONERS RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS OR ANY PART OF SAME, OR TO WAIVE IRREGULARITIES AND INFORMALITIES AND TO MAKE THE AWARD IN PART OR ENTIRETY THAT, IN THE OPINION OF THE BOARD, ARE IN THE BEST INTEREST AND TO THE ADVANTAGE OF THE BOARD OF INGHAM COUNTY ROAD COMMISSIONERS AND THE COUNTY OF INGHAM, MICHIGAN.