25-2570 2025 RRC Underground Improvements.pdf

DEPARTMENT OF FINANCE & MANAGEMENT- PROCUREMENT • 1903 MARQUETTE AVENUE, SUITE A106 • MUSKEGON, MI 49442 • (231) 724-6281 • FAX (231) 724-3337 • Bids@co.muskegon.mi.us • www.co.muskegon.mi.us

EEO/ ADA Employer

Solicitation Type Invitation for Bids

Description The purpose of this invitation is to procure a contractor for underground improvements at the Muskegon County Resource Recovery Center.

Deadline for questions Thursday, April 3, 2025 at 2:00 PM

Response to questions issued Monday, April 7, 2025

Bid Deadline

Zoom Meeting Link & Passcode Click here for link Code: 2570

BOARD OF

PUBLIC WORKS

Darrell Paige

Chair, District 7

Brett Herman Vice Chair, District 2

Stephanie Barrett Water Resources

Commissioner Secretary

Kim Cyr

District 1

Michelle Hazekamp District 3

Charles Nash

District 5

Jessica Cook District 6

Jennifer Hodges

Ex-Officio Member

Scott Huebler Ex-Officio Member

Thursday, April 10, 2025 at 10:00 AM

The Muskegon County Board of Public Works invites your bid for the 2025 RRC Underground Improvements. A set of conditions and specifications/requirements are enclosed.

The time of receipt shall be determined by the time clock stamp in the electronic Bidnet system.

Respondents are responsible for ensuring that their bid response is submitted by the deadline indicated.

No late bid responses will be accepted.

Sincerely, Angela Gasiewski

Angela Gasiewski, CPA Finance Director

March 14, 2025

2025 Resource Recovery Cente Underground Improvements

INVITATION FOR BIDS

25-2570 mailto:Bids@co.muskegon.mi.us http://www.co.muskegon.mi.us/ https://us06web.zoom.us/j/86333552932?pwd=m9PuYt0SsPQo7mtvX2bWby2sXnbMn1.1

Table of Contents

COVER PAGE 25-2570

TABLE OF CONTENTS

BID PACKET CHECKLIST

BID CERTIFICATION/NON-COLLUSION AFFIDAVIT

MINORITY VENDOR CERTIFICATIONS

ADDENDA SUMMARY

REFERENCES/WORK EXPERIENCE

SUBCONTRACTOR AND SUPPLIER INFORMATION

CERTIFICATE REGARDING DEBARMENT, SUSPENSION, & OTHER

RESPONSIBILITY MATTERS

NON-DISCRIMINATION STATEMENT

NO BID RESPONSE FORM

BID SUMMARY

BID CONDITIONS/INSTRUCTIONS TO RESPONDERS

INSURANCE REQUIREMENTS

BID SPECIFICATIONS

Additional Contract Documents:

EJCDC C-520 (2018) Standard Form of Agreement (Stipulated Price)

Bond Form – Performance Bond

Bond Form – Payment Bond

EJCDC C-700 (2018) Standard General Conditions

Supplementary Conditions

Soil Nomenclature and Terminology

Project Specifications

APPENDIX A – Standard Specifications

APPENDIX B – Construction Drawings

BID PACKET CHECKLIST

This Bid Packet Checklist is being provided as an aid to you in preparing your bid response.

However, the requirements of the Bid Specifications supersede the Bid Packet Checklist. It is the Respondent’s responsibility to review the Bid Specifications in their entirety and submit all required items with their bid response.

Please complete the required/requested forms below and check them off this list as you complete them.

Return the completed forms to the Muskegon County Procurement Office with your bid response.

Complete Not

Applicable

Bid Invitation Cover Letter

Bid Summary

Bid Certification/Non-Collusion Affidavit & Minority Supplier Certification

Addenda Summary (Failure to acknowledge all issued Addenda may be cause for rejection of bid. Go to https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.)

References / Work Experience

Sub-Contractor and Supplier Information

Debarment, Suspension and other Responsibility Matters

Non-Discrimination Statement

Bid Bond/Bid Deposit

Electronic Bid Sheet (Excel Document)

No Bid Response Form - Only if not Bidding https://www.bidnetdirect.com/mitn/muskegon-county

BID CERTIFICATION/NON-COLLUSION AFFIDAVIT

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment, or service, that it meets or exceeds all specifications contained herein, and is in all respects fair and without collusion or fraud. The Respondent’s signature declares under penalty of perjury of the laws of the United States that the Responder submitting this bid, its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal for the above project. I agree to abide by all conditions of this bid and certify that I am authorized to sign for the Responder.

Bid Number:

Responder: _________________________________________

Responder Address: _________________________________________

Phone Number: _________________________________________

Fax Number: _________________________________________

Signature: _________________________________________

Name Printed _________________________________________

Title: _________________________________________

Date Signed _________________________________________

E-Mail: _________________________________________

Website: _________________________________________

MINORITY VENDOR CERTIFICATIONS

Please check all that apply:

The Responder represents that it � IS � IS NOT a woman or women-owned business.

The Responder represents that it � IS � IS NOT a minority-owned business.

The Responder represents that it � IS � IS NOT a disadvantaged business enterprise.

The Responder represents and warrants that the company meets the above and can provide supportive documentation upon request. Any lines left unchecked will be considered as if the “IS NOT” box has been checked.

Authorized Agent Signature Date

Authorized Agent Printed Name

25-2570 2025 RRC Underground Improvements

Addendum Number Addendum Date Initials

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

NOTE: Failure to acknowledge all issued Addenda may be cause for rejection of bid. Go to https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.

ADDENDA SUMMARY

If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards to 25-2570 2025 RRC Underground Improvements, the addendum will be posted to:

https://www.bidnetdirect.com/mitn/muskegon-county.

The County is not bound by any oral representations, clarifications, or changes made in the RFB by the County or its agents, unless such clarifications or change is provided in written addendum from the County of Muskegon Procurement Office.

Please initial below acknowledging receipt of any addenda (give number and date of each). If none were received, please indicate this as well.

REFERENCES/WORK EXPERIENCE

Do not include County of Muskegon personnel. The Responder must furnish at least three (3) references from persons who can attest to the quality of similar prior work performed:

1. Company Name: __________________________________________________

Street Address: __________________________________________________

City/State/Zip Code: __________________________________________________

Contact Person: __________________________________________________

Telephone No.: __________________________________________________

Email Address: __________________________________________________

2. Company Name: __________________________________________________

Contact Person: __________________________________________________

3. Company Name: __________________________________________________

Contact Person: __________________________________________________

SUBCONTRACTOR AND SUPPLIER INFORMATION

Subcontractor Address Telephone/Fax Item Sub-Contracted

Supplier Address Telephone/Fax Item Sub-Contracted

COUNTY OF MUSKEGON

CERTIFICATE REGARDING DEBARMENT, SUSPENSION, & OTHER

RESPONSIBILITY MATTERS

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions under federal non-procurement programs by any federal department or agency.

2. Have not, within the three-year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default, have ever been on the Prevailing Wage Violator’s Registry or are currently being investigated under current name or any DBA’s, corporate names, subsidiaries or other business entities under which you have operated in the last three years; and

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three-year period preceding the bid, been convicted or had a civil judgment rendered against it.

A. For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction.

B. For the violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging, or

C. For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. § 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name/Title of Authorized Representative Name of Participant Agency or Firm

Signature of Authorized Representative Date

□ I am unable to certify to the above statement. Attached is my explanation.

NON-DISCRIMINATION STATEMENT

Project #: 25-2570

The Respondent’s signature indicates that respondent agrees that no individual shall, on the grounds of race, creed, age, color, national origin or ancestry, religion, sex, marital status or handicap be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this respondent.

Respondent further agrees that every subcontract entered into for the performance of this contract will contain a provision prohibiting discrimination against minority, women and handicapper owned businesses in subcontracting, and making discrimination a material breach of contract.

Authorized Signature Date

Note: Failure to submit the signed statement as part of the bid will be cause for rejection of the bid.

Responder Name:

Project Name: 2025 RRC Underground Improvements

__________(explain below).

__________2. Specifications are unclear (explain below).

3. We are unable to meet specifications. __________

4. Insufficient time to respond. __________

5. Our schedule would not permit us to perform within the required time. __________

6. We are unable to meet bond requirements. __________

7. We are unable to meet insurance requirements. __________

8. We do not offer this product or service. __________

__________9. Other (explain below).

REMARKS:

Company Name: ______________________________________________________________________

Signature: _________________________________ Printed Name: _____________________________

Title: _____________________________________ Date: ____________________________________

NO BID RESPONSE FORM

Muskegon County Procurement Office 1903 Marquette, Suite A106 Muskegon, MI 49442 bids@co.muskegon.mi.us 231-724-6281

We would appreciate you completing this form if you do not intend to respond to this request.

Bid: 25-2570 Name of Bid: 2025 RRC Underground Improvements

Response

1. Specifications are too tight, i.e., geared toward one (1) brand or manufacturer only

Total Bid: $

The Owner reserves the right to accept or reject any or all bids and to waive any irregularities in the bidding. No partial bids will be accepted.

Company Name: ______________________________________________________________________

Signature: _________________________________ Printed Name: _____________________________

Title: _____________________________________ Date: ____________________________________

BID SUMMARY

All costs (including labor, tools, equipment, materials, shipping, handling and all other costs) must be included in the total price. If there are any rebates or special qualifying programs please indicate their value and what must be done to qualify. The pricing information provided must be complete this includes any additional taxes, surcharges or other fees that may be passed on to the County on the invoices. The minimum time this bid will be in force is 90 days.

Respondents are to submit prices on the “25-2570 2025 RRC Underground Improvements Bid Sheet” located in the documents section of this solicitation, found here https://www.bidnetdirect.com/mitn/muskegon-county. Every line (space) must contain a figure, zero (0), line (-) or “No Bid”. Failure to complete the bid summary as stated above may be cause for rejection of bid.

The undersigned, being familiar with the site, plans, specifications, and related documents, proposes to furnish all required labor, materials, tools and equipment to construct the project for the sum price of:

Date Prepared: _____________________________

BID CONDITIONS/INSTRUCTIONS TO RESPONDERS

These conditions are an integral part of the invitation for bid and the Responder must comply with them.

1. Bid Submittals

Responder must submit bid on these forms as requested. Bids may be submitted electronically at the Bidnet site. Bid offers sent by other electronic devices are NOT acceptable and will be rejected upon receipt. Responses submitted electronically will be submitted through the online Bidnet Portal at: https://www.bidnetdirect.com/mitn/muskegon-county

To schedule a delivery for a physical bid package, please call 231-724-6281.

2. Delivery Date Contract dates shall be per the milestones and dates listed in the Agreement.

3. Specification Inquiries / Bid Procedure Inquiries

The sole point of contact concerning the Invitation for Bid (IFB) is the Muskegon County Procurement Office at Bidnet portal at: https://www.bidnetdirect.com/mitn/muskegon-county.

Contacting any other personnel, agent, consultant or representative is non-binding and may result in disqualification.

To contact the County of Muskegon or ask questions in relation to this IFB, respondents must register with the Muskegon County’s public purchasing portal at https://www.bidnetdirect.com/mitn/muskegon-county (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. The Organization will not accept any respondent’s communications by any other means.

Questions must be submitted no later than the time and date specified on the cover of this document. In the interest of transparency, only written questions will be accepted.

Answers to questions will be posted on https://www.bidnetdirect.com/mitn/muskegon-county.

4. Response Preparation.

Responders must follow the instructions and provide a complete response to all specifications. Responder should include its company name in the header of all response documents. All cost associated with the submittal and preparation shall be borne by the respondent. This solicitation does not require the County to offer a contract.

5. Clarification Request If the County determines, after the deadline to submit Bids, that a responder’s Bid is not clear, the County reserves the right to issue a request (‘Clarification Request”) to a responder to clarify its Bid. Failure to respond to a Clarification Request may be cause for disqualification.

6. Reservations The County reserves the right to discontinue the IFB process at any time for any reason. The issuance of an IFB, your preparation and submission of a bid and the County’s subsequent receipt and evaluation of your bid does not commit the County to award a Contract to you or anyone, even if all the requirements in the IFB are met.

7. Award The award of a County contract will be made to the responsive and responsible responder https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county who offers the best value to the County. The following criteria may be considered by the County in selecting the best value: a) Ability to perform the service required within the specified time; b) Conformance to specifications; c) The quality of the performance in previous contracts; d) Financial ability to perform the contract; e) Item pricing; f) responder references

8. Vendor/Respondent Complaints or Protests The County of Muskegon has established administrative procedures for handling vendors complaints in a fair and timely manner. Vendors should observe the following steps in order to file complaints:

Step 1 The vendor must contact the Director of Finance within seven (7) days of the incident about which he or she has a complaint. The Director of Finance will reply verbally or in writing to the vendor after discussion with the County Administrator.

Step 2 If the vendor is dissatisfied with the Director of Finance reply, an appeal must be made in writing within seven (7) days to the Muskegon County Board of Public Works.

9. Freedom of Information Act Bids will be available for public inspection after the award announcement, except to the extent that a respondent designates trade secrets or other proprietary data to be confidential.

Material designated as confidential must be readily separable from the remainder of the bid to facilitate public inspection of the non-confidential portion of the bid. A respondent’s designation of material as confidential will not necessarily be conclusive and the respondent may be required to provide justification why such material should not be disclosed, on request, under the Michigan Freedom of Information Act.

10. Rights to Information Contained in Bids All Bids will be considered the property of Muskegon County.

11. Insurance Requirements

The respondent may enclose with his or her bid an insurance certificate indicating the insurance coverage stated under “County of Muskegon Insurance Requirements” section of the bid. Adequate insurance as specified in this IFB must be furnished by the successful responder before the awarding of the bid and before the signing of any County/successful Responder agreements and/or work performed by the successful Responder.

12. Commission Privilege

The Board of Public Works reserves the right to accept or reject any or all bids, reserves all rights granted to it by law, reserves the right to waive formalities and to take such action, as it deems necessary in the best interest of the County of Muskegon.

13. Legal Requirements

Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of bid and disputer about bid. Lack of knowledge by a Responder about applicable law is not a defense.

14. Forum Selection

Any litigation regarding the agreement or its contents shall be filed in the County of Muskegon, if in a State Court, or in the United States District Court of the Western District of Michigan, if in Federal Court.

15. Execution of Counterparts The agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed; shall together constitute one and the same instrument.

16. Entire Agreement

The final agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to the agreement and by no other means. Each party waives their future right to claim, contest or assert that the agreement was modified, canceled, superseded or changed by any oral agreements, course of conduct, waivers or estoppels.

17. Respondent/Offeror Representation

Each respondent/offeror must sign the bid with his/her usual signature and shall give his/her full business address on the form provided in this Invitation for Bids.

Bid by partnership shall be signed with the partnership name by one of the members or by an authorized representative. Bid by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, secretary or other person authorized to bind it in the matter.

18. Subcontracting No portion of this bid may be subcontracted without the prior written approval by the County.

It may be in the best interest of the awardee to subcontract some parts of any given job;

however, the successful Respondent will be held responsible by the County for the quality, delivery and all terms and conditions of this bid.

19. Assignment

Any purchase order awarded shall not be assignable by the successful Respondent without the express written approval of the County and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

20. Civil Rights

A. The responder assures that in accordance with Title VII of the Civil Rights Act of 1964 (42U.S.C. 2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Title IX of the Education Amendment of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); the Regulations issued thereunder (45 CFR Parts 80, 84, 86, and 91); the Michigan Persons with Disabilities Civil Rights Act 220 of 1976, as amended; the Handicapper Business Opportunity Act, Public Act 112 of 1988 (MCL 450.791-45.795);

the Qualified Service-Disabled Veteran-Owned Preference, Public Act 91 of 2005 and 133 of 2008 (MCL 18.261); the Americans with Disabilities Act, Public Law 101-336 of 1990 and the ADA Amendments Act public Law 110-325, and the Michigan Elliot-Larsen Civil Rights Act 453 of 1976 that no individual shall, on the grounds of membership in a protected class be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this responder.

Assurance is given to the County that good faith efforts will be made to identify and encourage the participation of minority, women, handicapper and disadvantaged business enterprises in contract solicitations. The responder shall incorporate language in all contract awards: 1) prohibiting discrimination against minority, women, handicapper and disadvantaged businesses in subcontracting; and 2) making discrimination a material breach of contract.

B. The responder assures that it meets the requirements of the Drug Free Workplace Act of 1988, 34 CFR Part 85, Sub-Part F.

C. The County of Muskegon operates on an equal opportunity basis in its bidding policy

(Title VII of Civil Rights Act of 1964, Equal Opportunity Clause, Executive Order 11246, Chapter 60, Sub-Part A, 60-I.4, Revised Order No. 4). Bidding is open to all interested parties, in compliance with national, state and local laws.

21. Alternates & Deviations

Specifications referred to herein are used to indicate the desired type, and/or construction, and/or operation. An alternate may be offered if deviations from specifications are minor and if all deviations are properly outlined on a separate sheet. Failure to outline all deviations may be grounds for rejection of your bid. Alternates must be placed on a separate sheet.

The decision of the County of Muskegon, acting through the Director of Finance or their authorized representative, shall be final as to what constitutes acceptable deviations from specifications.

22. Michigan Iran Economic Sanctions Act, 2012 P.A. 517 Pursuant to the Michigan Iran Economic Sanctions Act, 2012 P.A. 517, by submitting a bid, proposal or response, Respondent certifies, under civil penalty for false certification, that it is fully eligible to do so under law and that it is not an “Iran linked business,” as that term is defined in the Act.

23. Respondent Arrears

No bid shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the County upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the County, or that is deemed irresponsible or unreliable by the County. If requested, respondents/offerors shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid and that they have the necessary financial resources to provide the proposed supply/service as described in the Specifications.

24. Errors/Omissions/Discrepancies

Any errors, omissions or discrepancies in the specifications discovered by a prospective successful Responder and/or service provider shall be brought to the attention of the Director of Finance as soon after discovery as possible. Further, the successful Responder and/or services provider shall not be allowed to take advantage of errors, omissions or discrepancies in the specifications.

25. Solicitation Opening

Solicitations will be opened and read publicly online via Zoom meeting. A meeting invite is embedded in the cover page of the solicitation or you can request an invite by sending an email Bids@co.muskegon.mi.us.

26. Bid Changes

No late bids will be accepted. Bids, amendments thereto, or withdrawal requests received after the time advertised for bid opening will be void regardless of when they were mailed.

27. Purchase Order

A purchase order will be issued to the successful Responder after the bid has been awarded and a contract has been fully executed with a copy presented to the Finance Department.

The County of Muskegon shall not be responsible for any goods delivered or services performed without a purchase order issued and signed by the Director of Finance or an authorized representative.

mailto:Bids@co.muskegon.mi.us

28. Invoices and Payment Terms

Invoices are to be mailed to the County department on the resulting purchase order. All invoices must include the purchase order number. Failure to comply may result in delayed payments. The County payment terms are Net 30 days unless a cash discount is allowed for payments within not less than fifteen (15) days. The payment term shall begin on the date the service/product is accepted by the County and the correct invoice is received in the office specified on the purchase order.

29. Bid Results

Responders who submitted a bid and who wish to know the results before the award may visit the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county

30. Taxes

Sales and other taxes: Purchases made directly by the County of Muskegon are generally exempt from sales and other applicable taxes. However, goods and services purchased by a Contractor to be used in the construction, alteration, repair, or improvement of property owned by the County may be taxable to the Contractor and Contractor should contact its tax professional for guidance. Notwithstanding, the price bid for contracts will be construed to include all applicable taxes and any such applicable taxes shall be paid directly by Contractor.

31. Gender For the benefit of brevity, when the pronouns “he” or “his”/“she” or “her” are used, it is not intended to denote the gender of any person.

32. Exceptions

The respondent shall furnish a statement on company letterhead giving a complete description of all exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean that the respondent agrees to meet all requirements of the terms, conditions and specifications.

33. Brand Names

Unless otherwise specified, manufacturer’s names, trade names, information and/or catalog numbers listed in the specifications are intended only to identify the quality and characteristics desired. They are not intended to limit competition. A Responder may offer any equivalent product, which meets or exceeds the specifications. If bids are based on equivalent products, the bid must: a) Indicate the alternate manufacturer’s name and catalog number; b) Include complete descriptive literature and/or specifications; and c) include proof that the proposed equivalent will meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable to meet its needs in all respects. If respondent fails to name a substitute, goods identical to the specified standard must be furnished.

34. Ownership and Use of Documents

a. All documents prepared in connection with the Submittal will become the property of the

County whether any project related to this agreement is executed or not.

b. The successful Responder will retain all of its records and supporting documentation relating to this IFB, and not delivered to the County, for a period of three years, except that in the event the successful Responder goes out of business during that period, it will turn over to the County all of its records relating to the project for retention by the

County.

35. Termination for Convenience

Muskegon County may terminate a solicitation or contract, in whole or in part, whenever the County determines that such termination is in the best interest of the County, without showing cause, upon giving notice to the successful Responder. Muskegon County does not pay for cost associated with the solicitation process. Muskegon County shall pay all reasonable costs incurred by the successful Responder up to the date of termination. However, in no event shall the successful Responder be paid any amount, which exceeds the price bid for the work performed. The successful Responder will not be reimbursed for any profits, which may have been earned up to the date of termination.

36. Termination for Default

When the successful Responder has not performed or has unsatisfactorily performed the contract or in the event, any of the provisions of the purchase order are violated, the County may serve written notice of its intention to terminate the contract and/or purchase order for default. Upon termination for default, payment will be withheld at the discretion of Muskegon County. Failure on the part of the successful Responder to fulfill the contractual obligations shall be considered just cause for termination of the contract. The successful Responder will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in procuring and completing the work.

37. Termination Due to Unavailability of Funds in Succeeding Fiscal Years

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be canceled and the successful Responder shall be reimbursed for a reasonable value of any non-recurring costs incurred, but not amortized in the price of the supplies or services delivered under the contract.

38. Rights and Remedies of County for Default

If any item furnished by the successful Responder fails to conform to specifications, or to the sample submitted by the successful Responder, the County may reject it. Upon rejection, the successful Responder must promptly reclaim and remove such item without expense to the County, and shall immediately replace all such rejected items with others conforming to such specification and samples. If the successful Responder fails to do so, the County has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual cost to the County. If the successful Responder fails to make prompt delivery of any item, the County has the right to purchase such item in the open market and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual replacement cost to the County. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract.

39. Avoidance of Conflict of Interest and Confidentiality

The successful Responder may provide consultation services to other government organizations in Michigan and elsewhere. In order to preserve the trust and confidence of their client, the successful Responder must adhere to a set of principles that enables them to perform their work in a manner that is free of real or perceived conflicts of interests. These principles are as follows:

a. The successful Responder will not discuss, distribute or use in any way the data or information acquired in the course of providing services to Muskegon County without prior approval by the County.

b. The successful Responder will not undertake a specific activity, which may be viewed as adverse to the interests of another client without obtaining the agreement of both parties.

c. The successful Responder states that no County officer or employee, nor any business entity in which they have an interest: a) has an interest in the contract awarded; b) has been employed or retained to solicit or aid in the procuring of the resulting contract; c) will be employed in the performance of such contract without immediate disclosure of such fact to the County.

40. Incorporation of Instructions

Bid conditions/instructions to respondent, specifications/requirements may become part of a contract for this product/service.

41. Debarment

If a respondent is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency, which prohibits your firm from participating in any procurement, the respondent must provide the County with that information as part of its response to this solicitation. Failure to fully and truthfully provide the information required, may result in the disqualification of your bid from consideration or termination of the purchase order, once awarded.

42. Respondent Registration

Successful Responder registration, as well as the invitation for bid materials, is available on the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county

43. Bid Deposits A certified check, cashier check, money order, or bid bond by corporate surety licensed to underwrite bids in the State of Michigan, in the amount of five percent (5%) of the amount of the bid, payable to the County of Muskegon, will be required with each bid.

44. Forfeiture of Bid Guarantees

In the event of the successful Respondent refusing to enter into contract and bonds and proceed with the work or failing to execute the contract and bonds within ten (10) days after formal notification of award, a sum not to exceed five percent (5%) of the amount of the bid shall be forfeited to the County of Muskegon in lieu of performance and as liquidated damages.

45. Performance Bond

The successful Respondent will be required to furnish a satisfactory performance bond in the amount of one hundred percent (100%) of the contract.

INSURANCE REQUIREMENTS

The successful Responder, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to County of Muskegon. The requirements below should not be interpreted to limit the liability of the successful Responder. All deductibles and SIRs are the responsibility of the successful Responder.

The successful Responder shall procure and maintain the following insurance coverage:

1. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include, but not limited to, the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

3. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

4. Commercial General Liability and Automobile Liability required liability limits may be obtained by using an Excess/Umbrella Liability policy in addition to the primary liability policy(ies). If coverage limits are satisfied by an Excess and/or Umbrella policy, coverage must follow form of the primary liability policy(ies), including but not limited to additional insured and primary/non-contributory coverage.

5. Environmental and Pollution Liability: Coverage for all pollution and environmental risks, including successful Responder’s pollution liability coverage and pollution legal liability coverage and where applicable, environmental umbrella coverage, with limits not less than $1,000,000 per occurrence and aggregate. If this policy is claims made form, then successful Responder shall be required to keep the policy in force, or purchase “tail” coverage, for a minimum of 3 years after the termination of this contract.

6. Additional Insured: Commercial General Liability and Environmental / Pollution Liability Insurance shall include an endorsement stating the following shall be Additional Insureds: The County of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the listed parties as additional insured, coverage afforded is considered to be primary and any other insurance in effect shall be considered secondary and/or excess.

7. Owners’ and Contractors’ Protective Liability: The successful Responder shall procure and maintain during the life of this contract, a separate Owners’ and Contractors’ Protective Liability Policy with limits of liability not less than $1,000,000 per occurrence and aggregate. The County of Muskegon shall be “Named Insured” on said coverage. In lieu of this requirement, a per project aggregate on the Commercial Generl Liability policy is acceptable.

8. Installation Floater: The successful Responder shall be responsible for obtaining and maintaining insurance covering any and all material while being installed, fabricated or erected by the successful Responder. Coverage shall remain in place until the installation work is accepted by the County of Muskegon.

9. Cancellation Notice: Policies, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, ten (10) days for non-payment of premium, Advance Written Notice of Cancellation or Non-Renewal shall be sent to the Certificate Holder: (County of Muskegon, Attention: Procurement, 1903 Marquette Avenue, Suite A106, Muskegon, Michigan 49442).

10. Proof of Insurance Coverage: The successful Responder shall provide the County of

Muskegon at the time the contracts are returned by him/her for execution a Certificate of Insurance as well as the required endorsements. In lieu of required endorsements, if applicable, a copy of the policy sections where coverage is provided for additional insured and cancellation notice would be acceptable. Copies or certified copies of all policies mentioned above shall be furnished, if so requested.

11. If any of the above coverages expire during the term of this contract, the successful

Responder shall deliver renewal certificates, endorsements, and/or policies to County of Muskegon at least ten (10) days prior to the expiration date.

12. HOLD HARMLESS AGREEMENT: All contracts must contain the following Hold

Harmless Agreement:

To the fullest extent permitted by law, the successful Responder shall defend, indemnify, and hold harmless the County, its subsidiaries, departments, divisions, and agencies and their respective officials, officers, directors, employees, and agents from and against any and all liability, litigation, causes of action, and claims, by whomsoever brought or alleged, and regardless of the legal theories upon which based, and from and against all losses, costs, expenses, and fees and expenses of attorneys and expert witnesses resulting therefrom on account of, relating to, or arising out of bodily injury to or death of any person or on account of damage to property, including loss of use thereof, arising or allegedly arising out of or resulting from the work; provided, however, that in compliance with MCL 691.991, the successful Responder has no obligation to defend or indemnify the County or any other party for any amount greater than the degree of fault of the successful Responder. The successful Responder will include a similar provision in favor of the County in all subcontracts. The foregoing indemnity of the County shall include, but is not limited to, claims alleging or involving the negligence of the successful Responder, its subcontractors, or the joint negligence of the successful Responder, its subcontractors, and/or the County, but shall not extend to liability found by way of final judgment to have resulted from the sole negligence of the County or as limited by MCL 691.991.

BID SPECIFICATIONS

If there are any questions regarding the following specifications, please contact the Procurement Office at the Bidnet Hub website at:

https://www.bidnetdirect.com/mitn/muskegon-county

Note: The County of Muskegon reserves the right to weigh each specification as to its importance to the needs of the department.

Muskegon County Board of Public Works

2025 Underground Improvements

BACKGROUND

A. The purpose of this invitation is to procure a contractor for underground improvements at the Muskegon County Resource Recovery Center.

B. All references to “2025 Underground Improvements” is one and of the same as

“2025 RRC Underground Improvements”. Furthermore, all references to “Wastewater Treatment Improvements” is one and of the same as “Resource Recovery Center” for Muskegon County intentions.

MINIMUM REQUIREMENTS

A. It is the intention of the Owner to award this contract to a Bidder that will perform and complete all work in compliance with the Contract Documents and in a workmanlike and professional manner. Bids are therefore only solicited from responsible Bidders known to be skilled, experienced, and regularly engaged in work of similar character and magnitude to that covered by these contract documents.

B. After the opening of bids, when so requested by the Owner or Engineer, the Bidder will be required to provide documentation of the extent and nature of his experience in work of this kind and to furnish references as to his experience on projects of similar types and concerning contractor’s ability to timely and within budget perform work of the type involved in this project. The successful Bidder shall submit a statement of his experience and financial status, a list of all jobs he now has underway, with the volume and percent completed. If the successful Bidder is an LLC, bidder shall provide, if requested, personal guarantees of its members.

C. In addition to the above, when so requested, the Bidder shall meet with the Owner's representatives and give further information in relation to his proposed construction plan, methodology, and schedule of operations, in order to determine the Bidder’s qualifications, ability to perform the Work, and timely complete the Work in accordance with the contract requirements.

Additional Contract Documents:

EJCDC C-520 (2018) Standard Form of Agreement (Stipulated Price)

Bond Form – Performance Bond

Bond Form – Payment Bond

EJCDC C-700 (2018) Standard General Conditions

Supplementary Conditions

Soil Nomenclature and Terminology

Project Specifications

APPENDIX A – Standard Specifications APPENDIX B – Construction Drawings

SCOPE OF WORK

A. The project consists of:

• Removal of an existing 66" CMP culvert and installation of a 72" concrete culvert. Including bypass pumping; pavement, curb, and guardrail removal and replacement; and restoration.

• Miscellaneous pavement and curb repair adjacent to the culvert replacement project.

B. Contractor must furnish adequate material, equipment, labor, and supervision to complete the specified work, which also includes testing, inspection, and placing the systems into operation.

SUBMITTAL REQUIREMENTS

A. Refer to the Project Specifications for information regarding submittal requirements.

EVALUATION CRITERIA

A. Fully complete all general forms contained in this solicitation.

B. The County reserves the right to negotiate the final terms and conditions of any contract to be executed, including but not limited to the fees. In the event that the County and a Respondent are unable to agree upon all contract provisions, the County reserves the right to cease negotiations, and move on to select another Respondent, or to reject all bids.

Consideration will be given to a product’s past performance, warranty, cost of service and maintenance.

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between Muskegon County of Public Works, 900 Terrace Street, Muskegon County, MI 49442 (“Owner”) and [Contractor Name & Address] (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The project consists of:

• Removal of an existing 66" CMP culvert and installation of a 72" concrete culvert. Including bypass pumping; pavement, curb, and guardrail salvage and reinstall; and restoration.

• Miscellaneous pavement and curb repair adjacent to the culvert replacement project.

Contractor must furnish adequate material, equipment, labor, and supervision to complete the specified work, which also includes testing, inspection, and placing the systems into operation.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

Wastewater Treatment Improvements

2025 Underground Improvements

ARTICLE 3—ENGINEER

3.01 The Owner has retained Prein&Newhof, 3355 Evergreen Drive NE, Grand Rapids, MI 49525(“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Prein&Newhof.

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4.02 Contract Times: Dates

A. The Work will be substantially complete on or before October 31, 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before October 31, 2025.

B. Contractor will have 21 calendar days to complete the Septage Receiving Drive Culvert Replacement. Construction work must be consecutive upon commencement.

4.03 Contract Times: Days

A. The Work will be substantially complete within [] days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within [] days after the date when the Contract Times commence to run.

4.04 Milestones

A. Parts of the Work must be substantially completed on or before the following Milestone(s):

1. Milestone 1 [event & date/days]

2. Milestone 2 [event & date/days]

3. Milestone 3 [event & date/days]

4.05 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.

3. Milestones: Contractor shall pay Owner $[] for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply, rather than the…