25-2594 Diesel and Unleaded Bulk Fuel Delivery.pdf

DEPARTMENT OF FINANCE & MANAGEMENT- PROCUREMENT • 1903 MARQUETTE AVENUE, SUITE A106 •

MUSKEGON, MI 49442

(231) 724-6117 • bids@co.muskegon.mi.us • www.co.muskegon.mi.us

Vendor Name:

Street Address:

City, State, Zip:

Requesting Agency Muskegon County Airport, MATS, Solid Waste, and Resource Recovery Center

Description To procure a qualified contractor to provide bulk fuel deliveries to four departments at the County of Muskegon.

Term Seven-Year Agreement Deadline for Questions Tuesday, August 26, 2025 at 2:00 pm Response to Questions Thursday, August 28, 2025

Bid Submission Deadline Tuesday, September 9, 2025 at 10:00 am Zoom Meeting Link &

Passcode Click here for Link Code: 2594

BOARD OF

COMMISSIONERS

Charles Nash

Chair, District 5

Jessica Cook Vice Chair, District 6

Kim Cyr

District 1

Brett Herman District 2

Michelle Hazekamp

District 3

Chris McGuigan District 4

Darrell L. Paige

District 7

The Muskegon County Board of Commissioners would like to thank you for the interest in this solicitation being presented. A set of conditions and specifications/requirements are enclosed. Submittal instructions are found on page 17.

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 responses will be accepted.

Sincerely, Angela Gasiewski

Angela Gasiewski, CPA Finance Director

Thursday, August 7, 2025

Diesel and Unleaded Bulk Fuel Deliver

REQUEST FOR BIDS

25-2594 https://us06web.zoom.us/j/87528667440?pwd=ImKxh9xHMZbIGhPy5vC0HCYIyJZPjm.1

Table of Contents

COVER PAGE 25-2594

TABLE OF CONTENTS

BID PACKET CHECKLIST

PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT

MINORITY VENDOR CERTIFICATIONS

NON-DISCRIMINATION STATEMENT

NO PROPOSAL RESPONSE FORM

ADDENDA SUMMARY

REFERENCES/WORK EXPERIENCE

BID SUMMARY

PROPOSAL SPECIFICATIONS

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

INSURANCE REQUIREMENTS

APPENDIX A - FEDERAL CLAUSES

CERTIFICATION AND RESTRICTIONS ON LOBBYING

DEBARMENT AND SUSPENSION

BUY AMERICA CERTIFICATION

CERTIFICATION OF COMPLIANCE

APPENDIX B - DATA COLLECTION FORM

APPENDIX C - OPIS PRICING SHEET SAMPLE

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 Certification/Non-Collusion Affidavit &

Minority Supplier Certification

� � Bid Summary, Proposed Rates and Detailed Budget

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

� � Debarment, Suspension and other Responsibility Matters

� � Non-Discrimination Statement

� � No Bid Response Form

� � Certificate of Compliance with Federal Contract Clauses

� � Federal Contract Clauses – Materials and Supplies more than $250,000

� � Bidders List Data Collection Form

PROPOSAL 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 bid 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: 25-2594 Diesel and Unleaded Bulk Fuel Delivery

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

COUNTY OF MUSKEGON

NON-DISCRIMINATION STATEMENT

Responder Name:

Project Name: Diesel and Unleaded Bulk Fuel Delivery

Project #: 25-2594

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.

NO PROPOSAL RESPONSE FORM

Muskegon County Procurement Office 1903 Marquette Avenue, Suite A106 Muskegon, MI 49442 Bids@co.muskegon.mi.us

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

Bid: 25-2594 Name: Diesel and Unleaded Bulk Fuel Delivery

Response

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

ADDENDA SUMMARY

If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards to 25-2594 they 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.

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.

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: __________________________________________________

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 as follows. 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.

Contract pricing will require the use of the OPIS “CONT AVG” rack rate per gallon of fuel for the originating rack City on the day of delivery, plus the vendor’s markup from the “CONT AVG” rack rate and is to encompass all cost, including handling and delivery. Please use a minus (-) sign for the markdown and a plus (+) sign for markup.

Please include Diesel Winterizer additive as needed. Total price per gallon of winterizer additive is requested.

Necessary State and Federal surcharges will also be paid and are expected to be separate items on an invoice.

For the purposes of contractor comparison on this bid, the price per U.S. gallon is to be based on the OPIS Muskegon rack CONT AVG posted prices for Thursday, August 21, 2025. It is required to submit a copy of your OPIS pricing sheet for Thursday, August 21, 2025 as a reference.

All prices must be calculated to four decimal places.

Description #2 Ultra Low Sulfur Dyed Diesel

Unleaded Fuel (E10 acceptable)

Muskegon “CONT AVG” Rack Price per gallon as of Thursday, August 21, 2025

Mark-Up per gallon – for duration of contract

Diesel Winter additive - price per gallon of added to tank as needed

Terms of Sale: ______________________ (for Example: 2% 10 Days, or Net 30 Days)

Mark-up per gallon must be maintained for the duration of the contract and invoices for product received must contain sufficient details to reflect bid price components.

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

PROPOSAL SPECIFICATIONS

If there are any questions regarding the following specifications, please contact the Procurement Office at the Bidnet 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 Airport, MATS, Solid Waste, and Resource Recovery Center Diesel and Unleaded Bulk Fuel Delivery

I. INTENT

It is the intent of the County of Muskegon to contract with one fuel supplier to service all products and all locations. This bid will be all or none. To be considered, bidders must be primarily engaged in the wholesale distribution or brokered delivery of bulk unleaded and diesel fuel, and must have been actively engaged in this business for a period of no less than two continuous years.

It is the County’s intent that this Request for Bids (RFB) permits competition. It shall be the offeror’s responsibility to advise the County in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in the RFB to a single source.

II. PROJECT BUDGET

The budget, for this project will be funded in part through grant(s) from the Federal Transit Administration (FTA) and/or Muskegon County general funds. The total project budget will be determined by the final negotiated price between Muskegon County and the successful bidder.

III. CONTRACT TERM

The duration of this procurement arrangement will be for the period of seven (7) years from the date of the award.

IV. GENERAL TERMS AND CONDITIONS

To be considered for participation in this bid the following minimum requirements and conditions shall be met:

Bidder shall be engaged in providing the services as outlined in this Request for Bids.

Bidder shall have a successful history providing this service requirement.

Bidder shall possess appropriate state and local licenses and permits.

Bidder shall have sufficient personnel and resources to support the County with its fuel requirements.

Bidder shall maintain evidence of their ability to provide the insurance requirements specified herein.

Bidder shall meet all applicable and current Federal, State and EPA regulations.

Unless otherwise specified, fuel orders that are placed before noon may be requested to be delivered the next business day.

V.

BACKGROUND

Fuel Types Muskegon County typically purchases approximately 29,000 gallons of unleaded gasoline annually. Unleaded gasoline shall be refinery fuel 87 Octane or higher. Ethanol Blended (E10) fuel is acceptable.

The County of Muskegon typically purchases approximately 114,500 gallons of diesel fuel annually. Bidders shall supply number 2 ultra-low sulfur diesel fuel that meets the following specifications:

Sulfur – 15 ppm maximum Flash Point minimum – 120-degree F to 190-degree F Flammable limits (% by volume in air) – 0.7 lower / 5.0 upper Cetane Index – 40 minimum Dyed diesel fuel shall be provided for all locations/accounts, unless specifically directed otherwise. If clear diesel is requested, such shall be provided at no additional charge, except for any applicable government taxes/fees.

Diesel fuel winterizer shall be added to the supplied diesel fuel for all County sites as seasonally appropriate.

Departments The County of Muskegon has four departments with the ability to receive bulk fuel deliveries and store the fuel in either an above ground or below ground fuel tank. Each of these departments operates independently and have unique requirements based on their site. It is the contractor’s responsibility to understand the differences between the different sites and the requirements for each department as specified and make sure those requirements are met as necessary.

1. Muskegon Area Transit Systems (MATS) The Muskegon Area Transit System (MATS) Operates a fleet of public transportation buses, including some that operate on diesel fuel and some that operate on unleaded fuel.

2. Muskegon County Airport, the Muskegon County Resource Recovery Center and Muskegon County Solid Waste Each of these divisions operate a fleet of heavy equipment and vehicles, some that operate on diesel fuel and some that operate on unleaded fuel.

Disadvantaged Business Enterprise (DBE) Requirement There has been no contract-specific DBE goal established for this solicitation. While the federal government has a national 10% DBE goal on its supported contracting opportunities, and MATS has a 1.6% goal on its overall federal-supported contracting opportunities, there is no race-conscious goal applicable to this solicitation.

Disadvantaged Business Enterprises are encouraged to participate in this solicitation, either as a prime contractor or a subcontractor. For any vendor to be considered a Disadvantaged Business Enterprise counting toward these participation goals, they must be a Certified DBE listed in the Michigan Unified Certification Program. A search for Certified DBE’s can be conducted at https://mdotjboss.state.mi.us/MUCPWeb/search.htm.

Order History The average annual order history, based on recent calendar years has been calculated for the four departments and is displayed in the table below. This table provides a snapshot perspective of the fuel ordered by each department, but should not be construed as a guarantee or commitment of future fuel needs.

Table 1: Average fuel Order History

Fuel Type Muskegon Area Transit System

Muskegon County Airport

Muskegon County Solid Waste

Muskegon County Resource Recovery Center

Unleaded Gasoline

8,000 gal 2,000 gal N/A 19,000 gal

Ultra-Low Sulfur #2 Diesel

24,000 gal 22,500 gal 50,000 gal 32,000 gal

VI. ORDER QUANTITIES

Total Quantity to be purchased is unknown, and completely dependent upon vehicle usage and weather conditions. No Minimum or maximum amount is guaranteed. The bid quantities listed for unleaded gasoline and diesel fuel are estimates from past years usage.

Each site will place their order(s) per the methods listed below:

Muskegon County Airport (Airport)

Diesel Fuel Delivery: The contractor will receive a direct request periodically from Airport staff via phone or email to request fuel delivery. Deliveries needs are seasonal with the heaviest usage in the winter months. Monthly delivery can be expected for the months of December, January and February. Historical deliveries average 4,500 gallons for an average of five (5) deliveries per year.

Unleaded Fuel Delivery: The Contractor will receive a direct request periodically from Airport Staff via phone or email to request fuel delivery. Delivery needs are seasonal with the heaviest usage in the winter months. Historical deliveries average 1,000 gallons for an average of two (2) deliveries per year.

Delivery Truck: Delivery truck must be metered.

Muskegon Area Transit System (MATS) Diesel Fuel Delivery: The contractor will receive a direct request periodically from MATS staff via phone or email to request fuel delivery. The request will indicate the quantity of fuel desired and the requested delivery date and available delivery time window. Diesel Fuel is delivered approximately three-four times per year in 8,000-gallon typical quantity.

Unleaded Fuel Delivery: The contractor will receive a direct request periodically from MATS staff via phone or email to request fuel delivery. The request will indicate the quantity of fuel desired and the requested delivery date and available delivery time window. Unleaded fuel is delivered approximately ten times per year in 800-gallon typical quantity.

Delivery Truck: Delivery truck must be metered. Diesel fuel deliveries may be made by tanker truck, or pedal truck. Unleaded fuel deliveries must be made via a pedal truck.

Muskegon County Resource Recovery Center (RRC)

Diesel Fuel Delivery: The Contractor will receive a direct request periodically from RRC staff via phone or email to request fuel delivery. Historical deliveries average 4,000 gallons delivered eight (8) times a year.

Unleaded Fuel Delivery: The contractor will receive a direct request periodically from RRC staff via phone or email to request fuel delivery. Historical deliveries average 3,800 gallons delivered five (5) times a year.

Delivery Truck: Delivery truck must be metered. This site can accommodate a tanker truck.

Muskegon County Solid Waste Management (Solid Waste) Diesel Fuel Delivery: The contractor will receive a direct request periodically from Solid Waste staff via phone or email to request fuel delivery. Historical deliveries average 4,000 gallons delivered 12 times a year.

Delivery Truck: Delivery truck must be metered. This site can accommodate either a tanker truck or a pedal truck.

VII. DELIVERY AND ACCEPTANCE

Receipt of services shall not constitute acceptance. Final acceptance and authorization of payment shall be given only after thorough inspection indicates that the services/supplies delivered meet bid specifications and conditions. Should the services/supplies differ in any respect from the specifications, payment will be withheld until such time as the contractor takes necessary corrective action. If the proposed corrective action is not acceptable to the County, final acceptance of the services may be refused; in which case the services shall remain the property of the contractor and the County shall not be liable for payment for any portion thereof.

Unless otherwise specified, services shall be performed as described in these contract documents.

Contractor(s) shall not commence work prior to the County’s receipt and acceptance of the Certification of Insurance, and any other required documents/certificates as specified by these contract documents.

Unless otherwise specified, fuel orders that are placed before noon may be requested to be delivered the next business day. Fuels ordered shall be delivered the following business day from receipt of the order (Monday through Friday).

Contractor must be available to deliver daily, Monday through Friday by a meter vehicle and provide receipt showing exact gallons dispensed.

If requested by the department, contractor shall contact each location prior to delivery to make the arrangements for a representative to be present at the time of delivery.

Receiving representative may check tanks according to the markers at destination(s); all markers must be sealed and certified. Should there be a discrepancy, I t will be left to the discretion of the receiver to accept or reject the load.

Following is a list of locations and tank quantities within the County of Muskegon that will require bulk fuel deliveries.

Table 2: County of Muskegon Fuel Tanks

Department - Delivery Address Tank Size Above or Below Ground

Delivery Times

Muskegon County Airport 99 Sinclair Dr.

Muskegon, MI 49441

3,000 Gal. Below Ground, Diesel Fuel

Monday – Friday 7:30 am – 3:30 pm

99 Sinclair Dr.

Muskegon, MI 49441

3,000 Gal. Below Ground, Unleaded Fuel

Monday – Friday 7:30 am – 3:30 pm

Muskegon Area Transit System 2624 Sixth Street Muskegon Heights, MI 49444

10,000 Gal Above Ground, Diesel Fuel

Monday – Friday 7:00 am – 5:30 pm

2624 Sixth Street Muskegon Heights, MI 49444

1,000 Gal Above Ground, Unleaded Fuel

Monday – Friday 7:00 am – 5:30 pm

Muskegon County Resource Recovery Center Corner of Swanson Rd & White Muskegon, MI 49442

6,000 Gal Below Ground, Diesel Fuel

Twenty-four/Seven

Corner of Swanson Rd & White Muskegon, MI 49442

6,000 Gal Below Ground, Unleaded Fuel

Twenty-four/Seven

Muskegon County Solid Waste Management 9366 Apple Avenue Ravenna, MI 49451

5,000 Gal Below Ground Monday – Friday 7:00 am – 3:30 pm*

*Fuel delivery to Solid Waste must be completed by 4:30 pm when the site closes.

VIII. Payment Terms and Invoicing In order to receive payment for goods or services furnished to the County of Muskegon, the supplier must submit an itemized invoice directly to the ordering department according to the invoicing table below. Any deviation will cause a significant delay in payment.

Table 3: Invoice Table

Department Invoice Address – Email Muskegon County Airport 99 Sinclair Drive

Muskegon, MI 49442

Muskegon Area Transit System 2624 Sixth Street Muskegon Heights, MI 49444

Muskegon County Resource Recovery Center

698 North maple Island Road Muskegon, MI 40442

Muskegon Solid Waste Management 9366 Apple Avenue Ravenna, MI 49451

Upon award, each department will provide a contact name and email address for billings, if requested.

Invoices shall show the following:

The County Department’s Purchase Order number The supplier’s invoice number A complete description of the goods or services furnished Quantity delivered Unit price and extension, including taxes and fees, and documented evidence of the

OPIS CONT AVG rack rate for the day of delivery All applicable prompt payment discount terms.

The supplier shall receive payment from the County after:

The supplier delivers and the County accepts the goods or services The supplier submits the itemized invoices and signed voucher for such goods The County matches the invoices with the receiving and/or the acceptance report and the signed voucher Payment to the supplier is made by means of a County check or ACH at the vendor request, in the amount due.

The County will not pay for goods or services in advance.

IX. Pricing:

The County requires a firm price for the entire contract period. Invoices will be reviewed to confirm compliance with bid pricing. Failure to hold prices firm shall be grounds for immediate termination of the contract.

The volatility of fuel prices is cause for soliciting bids on a basis that will compensate for the consistent change in prices. Therefore, it is the intent of this solicitation to bid on the following basis:

Base Fuel Price: The base fuel price will be set from the Oil Price Information Services Index Daily Rack “CONT AVG” rate. The daily OPIS Rack “CONT AVG” price for each fuel type (87 Octane Regular or Ultra-Low Sulfur Number 2 Diesel) will be charged on the date fuel is delivered. In the event that fuel is not delivered on the date agreed on the purchase order, price of the fuel charged will be the price that is most advantageous to the County of Muskegon County, i.e. the date the fuel was originally scheduled to be delivered or the date the fuel is actually delivered, whichever is less.

Fixed Fee per Gallon: Plus (+) or Minus (-): Bidders must submit on the Bid Form, a fixed fee markup (+) or fixed fee discount (-) to be added or subtracted from the base price, (as defined above), to arrive at the firm, fixed purchase price per gallon for each fuel type and/or grade listed for each gallon of fuel delivered to the County of Muskegon. This fixed fee markup or fixed fee discount will remain firm for the period of the contract. With the exception of taxes, the fixed fee will include any and all charges F.O.B. destination. (This includes delivery cost from the bidder’s terminal to delivery locations within Muskegon County, including but not limited to handling cost and transportation to delivery locations, contractor’s profit, overhead, and administrative cost incurred by the supplier.)

Diesel Winterizer as applicable. Please provide total price per gallon of winterizer added to bulk tanks as may be needed.

Taxes and Fees Not Included in Base Fuel Price: The County recognizes that outside of the fixed fee there will be additional taxes and fees that must be collected. These taxes and fees should be listed on the invoices as separate line items. Examples are as follows:

o The US Federal Leaking Underground Storage Tank (LUST) Tax of 0.1 cent per gallon on motor fuels sold nationwide o The US Federal Oil Spill Diesel – may be adjusted yearly for inflation o The US Federal Superfund Tax o Michigan Underground Storage Tank Authority (MUSTA) fee

Awarded contractor must provide documentation with each invoice identifying the rack rate and delivered rate for both delivered diesel fuel and unleaded fuel for the day to each of the four departments.

All prices will be bid F.O.B. Destination and remain in effect for at least 90 days to allow for approval by the County. The successful bidder’s prices will remain firm through the length of the contract as designated within these bid specifications.

The successful contractor must comply with all State of Michigan and local laws and ordinances i.e. frost laws, transportation of flammable liquids, etc. All bidders shall submit materials safety data sheets (MSDS) for products included in their bid.

X. Fuel Spills

Successful bidder, upon award of a contract, shall provide the name and telephone of all employees in the contractor’s organization to be contacted in the event of a spill.

Contractor must report to the County personnel all fuel spills that occur during, or result from delivery of fuel. Spills must be cleaned up within twenty-four (24) hours. Contractor shall be responsible for all cost associated with a fuel spill included but not limited to lab test, waste disposal, fines, and monitoring.

XI. Bid Evaluation and Award Bid evaluation will be based on total estimated cost to the County, considering the quoted mark-up per gallon price, as modified by any accelerated pay discounts that the County may choose to accept, after consideration of the bidder’s conformance with specification and the bidder’s ability to perform in accordance with the terms and conditions required.

Bidders must submit all data necessary to evaluate and determine the quality of item(s) and/or services they are bidding.

The bid price, per location, constitutes the total compensation payable to the contractor for performing all work specified within these contract documents. All duties, responsibilities, and obligations assigned to or undertaken by the contractor shall be at their expense without change in the contract price(s).

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

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

1. Bid Submittals

Responder must submit bids on these forms as requested. Bids may be submitted electronically through the Bidnet site.

Bids may also be submitted in a physical package, please call 231-724-6281 to make appointment for delivery/drop-off.

For electronic submittal, bids may be submitted at the Bidnet site only. Bid offers sent by other electronic devices are NOT acceptable and will be rejected upon receipt.

A. Responses submitted electronically will be submitted through the online Bidnet Portal at: https://www.bidnetdirect.com/mitn/muskegon-county. Electronic submissions by other methods will not be accepted.

B. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bidnet Portal.

2. Specification Inquiries / Bid Procedure Inquiries The sole point of contact concerning the Request for Bids (RFB) is the Muskegon County Procurement Office at the 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 RFB, 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, except as specifically stated in this

RFB.

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

3. 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.

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.

All prices must be FOB Destination, unloaded inside and assembled unless otherwise indicated.

4. 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.

5. Reservations The County reserves the right to discontinue the RFB process at any time for any reason.

The issuance of an RFB, 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 RFB are met.

6. Solicitation Opening Solicitations will be opened and the responder names 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 to bids@co.muskegon.mi.us.

7. 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.

8. Award

The award of a County contract will be made to the responsive and responsible responder who offers the best value to the County.

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

A. All protests by interested parties shall be submitted in writing to

Bids@co.muskegon.mi.us. All protests shall include the following information: 1) Name of contractor including basis as an interested party, 2) Name of the solicitation/contract,

3) Specific basis of protest, including all relevant supporting documentation, and 4) Relief sought by protestor.

B. All protests shall be submitted within the following timeframes: 1) For protests prior to receipt of bids/proposals, all protest actions must be submitted not less than ten (10) business days prior to the due date for the receipt of bids or proposals. Protests may be rejected for failure to meet this deadline. 2) For protests during the award process, protests must be submitted prior to the date of contract award. 3) For protests subsequent to contract award, protests must be submitted not later than five (5) business days subsequent to award

C. The Muskegon County Procurement Team shall review the protest to determine compliance with A and B above. In the event that information is deemed to be missing, the Procurement Office will so advise the protestor. The protestor must submit any such follow up information to Bids@co.muskegon.mi.us within three (3) business days.

D. Following receipt of all necessary information from the protestor, the Procurement Team shall review the protest in detail. He/she may appoint a committee of qualified staff to assist in this review and/or review the protest with the County of Muskegon’s Finance Director. As a part of the review, the Procurement Team reserves the right to request the protestor to attend a hearing with the Procurement Office and the review committee and/or the Finance Director, if applicable.

E. The Procurement Team shall issue a written decision to the protestor within ten (10) business days of the receipt of the protest and shall address all substantive issues raised in the protest. This decision is considered final unless the protestor files an appeal for reconsideration of the decision as described in F, below.

F. In the event the protestor disagrees with the decision, it may file a written appeal to the Muskegon County Board of Commissioners within seven (7) business days of the date of the initial decision. The appeal must state the basis for reconsideration and include any additional data or information that has become available, or a claim that errors in law or regulation have been made by the Procurement Team including the basis for such claim. The appeal will be reviewed in the same manner as described in D above and a written decision will be issued within ten (10) business days, which will address all substantive items in the protest, including any new information raised in the appeal. This decision is considered final.

G. In general, the Procurement Office will refrain from opening bids/proposals or awarding contracts in those situations where a protest has been filed until such time as the protest has been resolved. Such actions may only be undertaken when the Procurement Office can demonstrate that severe adverse consequences will result from delays in the procurement process. However, it is understood that such actions may have negative consequences for the Procurement Office should the basis for the protest be upheld by FTA or through any resulting litigation. All such actions must be fully documented in writing and included in the contract file.

H. Additionally, for protests related to Federal Transit Administration (FTA) funded procurements, the Procurement Office shall inform the FTA regional office as part of its annual Milestone Progress Reporting of the existence of a protest for procurement solicitations having an estimated value of $500,000 or greater and/or for protests that involve a controversial / highly publicized matter.

10. 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.

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

12. Responder Samples, Brochures and Literature

Include brochures, literatures and samples if available. Samples of items when required, must be furnished free of expense to the County and upon request, be returned to the Responder at the Responder’s expense. Samples of selected items may be retained for comparison purposes.

13. Commission Privilege

The Board of Commissioners 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.

14. Legal Requirements

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

15. 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.

16. 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.

17. 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.

18. 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 Request for Bids.

Bids by partnership shall be signed with the partnership name by one of the members or by an authorized representative. Bids 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.

19. 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.

20. 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.

MATS at any time during the term of this Contract (or the ensuing warranty period) may undergo a governance transition to no longer operate as a department of the County of Muskegon. If such a transition occurs, the County and the new governance entity reserve the right to assign the work of this Contract and its basic terms, for continuation under the new governance arrangement. Impacts of this potential change will be determined at a later time and communicated with the successful responder.

21. 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.

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, bid 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. Responder 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. Material Safety Data Sheet Each Responder shall provide the County of Muskegon with a complete copy of the U.S.

Department of Occupational Safety and Health Administration, Material Safety Data Sheet, (Form OSHA-20) for each product they are using on the project, if hazardous materials are being used.

25. Responder agrees to provide services to the County in accordance with the Terms and Conditions of this IFB document and the Federal Clauses attached hereto.

26. The Responder understands that this is not an exclusive agreement and the County shall have the right to negotiate with and enter into contracts with others providing the same or similar services as those provided by the Responder as the County desires.

27. This project is funded in part with Federal and State funding assistance and the responder, by submitting a bid or proposal, agrees to the attached Federal Contract Clauses. The successful responder may be required to have a third-party subcontract reviewed by the Michigan Department of Transportation for procurement compliance prior to award. Also, as a recipient of Federal Transit Administration (FTA) funding assistance for this project, MATS will not participate as part of this project in the Michigan MIDeal Purchasing program, or other government purchasing programs that are non-compliant with FTA procurement guidance.

28. 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.

29. 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 Purchasing 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.

30. 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.

31. Accelerated Pay Discounts Accelerated discounts should be so stated on the bid form. If quick pay discounts are offered, the County reserves the right to include that discount as part of the award criteria. Prices proposed must, however, be based upon payment within thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later.

32. 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.

33. 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.

34. 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.

35. 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 RFB, 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.

36. 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.

37. 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.