25-2599 Cell #4 Cleanout.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

Friday, June 27, 2025

Cell #4 Cleanout

INVITATION FOR BIDS

25-2599

The Muskegon County Board of Public Works invites your bid for Cell #4 Cleanout for the Muskegon County Resource Recover Center. 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

Requesting Agency Resource Recovery Center

Solicitation Type Invitation for Bids

Description To select a qualified firm to pump/transport and apply the sludge from Cell #4 into drying beds located on-site.

Date of Non-Mandatory Pre-Bid Meeting

Zoom Meeting Link for Pre-Bid Meeting Click here for link Code: 2599PB

Location of Pre-Bid Meeting Resource Recovery Center Administration Building - 698 North Maple Island Road

Deadline for questions Thursday, July 10, 2025 at 2:00 PM

Response to questions issued Monday, July 14, 2025

Bid Deadline Friday, July 18, 2025 at 10:00 AM

Zoom Meeting Link for Bid Opening Click here for link Code: 2599BID

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

Wednesday, July 9, 2025 at 2:00 PM https://us06web.zoom.us/j/84593571708?pwd=oswfpIJSRiRnKDwPIReRaVnwlDGkUb.1 https://us06web.zoom.us/j/81493749824?pwd=lDy4jUbVi8sXR9ZPWlV7Z3ug6Leocc.1

TABLE OF CONTENTS

Contents

TABLE OF CONTENTS

BID PACKET CHECKLIST

BID CERTIFICATION/NON-COLLUSION AFFIDAVIT

MINORITY VENDOR CERTIFICATIONS

ADDENDA SUMMARY

REFERENCES/WORK EXPERIENCE

CERTIFICATE REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS

NON-DISCRIMINATION STATEMENT

NO BID RESPONSE FORM

BID SUMMARY

BID SPECIFICATIONS

BID CONDITIONS/INSTRUCTIONS TO RESPONDERS

INSURANCE REQUIREMENTS

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 Sheet, Proposed Rates and Detailed Budget

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, if applicable

Debarment, Suspension and other Responsibility Matters

Non-Discrimination Statement

No Bid Response Form

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: 25-2599 Cell #4 Cleanout

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

ADDENDA SUMMARY

If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards to this solicitation 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 IFB 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: __________________________________________________

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

Responder Name:

Project Name: Cell #4 Cleanout

Project #: 25-2599

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 BID 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 invitation.

Bid: 25-2599 Name of Bid: Cell #4 Cleanout

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: ____________________________________

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.

Lump Sum Pricing for Cell #4 Cleanout $_______________________________

In the event that there is insufficient room in the drying beds and dry sludge is removed and taken directly to the Muskegon County Solid Waste Facility to make room for the final cleanout of Cell #4, and shall be paid on a per ton basis.

Price Per Ton to Transfer $________________________________

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

SPECIFICATIONSII.

Work under this Contract shall be completed in accordance with the following:

General and Supplementary Conditions Insurance Specifications Bid Specifications

RESPONSIBILITIES OF SUCCESSFUL BIDDERIII.

Bidder shall provide all material, labor, equipment, and utilities to conduct items as specified below. All materials provided shall meet the specifications provided below.

Bidder shall also restore any vegetation, lawn, concrete, or asphalt surfaced areas damaged as a result of work as well as any above or below-grade infrastructure items damaged due to Bidder’s work.

MINIMUM QUALIFICATIONSIV.

Proposals will be considered from firms who:

1. Are licensed to do business in the State of Michigan

BID SPECIFICATIONS

If there are any questions regarding the following specifications, please contact the Procurement Office through 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 Resource Recovery Center Cell #4 Cleanout

I. PURPOSE

The Muskegon County Resource Recovery Center (RRC), herein referred to as “the County” or “Owner” located at 698 North Maple Island Road, is a Water Resources Recovery Facility (WRRF) that serves 16 municipalities in Muskegon County. The RRC treatment process includes an approximately 50 MG full mix cell followed by an approximately 90 MG aerated settling cell. The final stage of treatment is spray irrigation on corn, soybean, and alfalfa.

This Invitation for Bids (IFB) by the RRC is to select a qualified firm to pump/transport and apply the sludge from Cell #4 into drying beds located on-site. Cell #4 has an approximate surface area of 20 acres. It is Contractor’s responsibility to calculate the volume of sludge in Cell #4. Wastewater flow was diverted from this cell in May 2019, and the sludge has been allowed to stabilize since then. While the Contractor is responsible for determining the true depth of the sludge, it is currently estimated by the County as 2 ft in depth.

The project shall be completed by August 1, 2026.

V.

VI.

VII.

VIII.

IX.

X.

2. Possess the necessary qualifications, licensing, and competencies to provide the goods or perform the work proposed.

3. The Contractor shall have a minimum of three (3) years’ experience with projects of similar size, scope, and difficulty.

4. Bidder shall provide a list of projects in the State of Michigan where they have provided similar services. A minimum five (5) references shall be provided on the form included in this specification.

Firms that do not meet these minimum qualifications shall be deemed non- responsive and will not receive further consideration.

SUB-CONTRACTORS

Bidders shall include the names of any subcontractors or material suppliers planned for this project utilizing the form included.

CODES & REGULATIONS

The successful bidder shall comply with applicable codes and regulations associated with the work.

SITE ACCESS AND UTILITIES

The Bidder shall be responsible for coordinating utility locating.

The Bidder shall visit the Site to become familiar with local conditions that may in any manner affect cost, progress, performance, or timely completion of the Work.

PAYMENT

Payment will be based on an agreed schedule of values between Muskegon County and the Bidder. Successful Bidder shall submit an invoice for payment no more frequently than bi-monthly for actual work completed minus 5% retention. Retention will be released when all contractual requirements are fulfilled. Final payment will not be issued until a final lien waiver signed by the equipment supplier or any subcontractors are received.

PERMITS

The Contractor shall obtain all permits necessary for construction of this project. The Contractor shall pay for any charges or bonds required by agencies for permits, inspections, or similar charges to construct this project as shown on the drawings. The cost of obtaining permits shall be included in the major items of construction, unless otherwise specified.

The Contractor shall comply with all permit conditions.

TIME OF COMPLETION

The intent is to issue the Notice of Award the same day as approval by the Muskegon County Public Works Board. Bidder shall provide required certificates of insurance and performance bond within 10 business days of Notice of Award. After all required bonds and insurance are received and contract documents completed, Muskegon County RRC will issue a Notice to Proceed. Bidder agrees that the work will be fully complete and ready for final payment by August 1st, 2026.

XI.

XII.

LIQUIDATED DAMAGES

Bidder and Muskegon County recognize that time is of the essence and Muskegon County will suffer damages if the work is not fully completed by the times provided above in the specification, plus any extensions allowed. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual damages suffered by Muskegon County if work is not completed on time. Accordingly, instead of requiring such proof, Bidder and Muskegon County agree that as liquidated damages for delay (but not as a penalty), Bidder shall pay Muskegon County $100/calendar day the work extends beyond the date to achieve completion.

SCOPE OF WORK & PROJECT SPECIFICATIONS

1. Project Information

Cell #4 has an approximate surface area of 20 acres. It is the Contractor’s responsibility to calculate the volume of sludge in Cell #4. Wastewater flow was diverted from this cell in May 2019, and the sludge has been allowed to stabilize since then. Waste inert soil was also disposed of in this cell. All waste residuals of Cell #4 must be removed from the cell, namely the deposited solids and water.

There are currently nine sludge drying beds of various sizes located west of the Hauled Waste Weigh Station. These are named C-1, C-3, D-1, D-2, D-3, D-4, E-2, E-3, and E-4.

Sludge from Cell #4 should be applied into these beds whereas water from Cell #4 can be pumped into Cell #3 under the condition that it does not include sludge or cause significant turbulence in Cell #3. See below Site Map.

After the beds have been filled with sludge to an average depth of 18 inches, with a maximum depth of 24 inches, the sludge in the beds will be allowed to dry. The Contractor has the option of proposing different ways to manage the sludge in an effort to reduce footprint use. Any methods of doing so should be described in the Operational Plan submitted as part of the bid. The Contractor is responsible for removing all accumulated sludge and water from Cell #4. This includes any precipitation that occurs before the Cell is turned over to the County.

In the case that the drying bed volume is insufficient, it is expected that the sludge will be dry enough for removal by summer 2026. At that time, the Contractor will remove the dried sludge and prepare the beds as necessary for accepting more wet sludge. In the case there is additional sludge remaining in Cell #4, the Contractor will have 30 days to re-mobilize and transfer the remaining sludge into the drying beds once they have been emptied.

There are two separate cost payment requirements. The first pertains to the main task of pumping, removal, and transportation of sludge into the drying beds. This will be paid on a Lump Sum basis. In the case that there is insufficient room in the drying beds and sludge is allowed to dry for one year, then the dry sludge that is taken directly to the Muskegon County Solid Waste Facility to make room for the final cleanout of Cell #4 shall be paid on a per ton basis outlined in the bid submittal. Any amount over 1500 tons that is taken directly to the landfill will have to have prior approval from the County’s representative.

Partial payment of the Lump Sum amount in increments of 25% shall be made based upon percentage completion of the project with prior approval from County’s representative.

The Contractor shall minimize disruption to traffic and operations within the facility by not closing any roads. As such, it is requested that the Contractor utilize the existing buried 12-inch HDPE force main pipe for pumping the sludge out of Cell #4 down the treatment berm wall to the entrance of the drying bed area using pumps to be provided by the Contractor. This pipe, located between Cell #3 and Cell #4, has an inlet of 693 ft ASL and an outlet of 685 ft ASL. Tankers may be used as necessary in addition to the pipe. Any damage to Cell #4, the adjacent Cell #3, the aerator structures, or related appurtenances will be the responsibility of Contractor and shall be repaired or replaced to provide facilities equal to or better than existing condition.

All related work is included as incidental to the project and includes, but is not limited to, dust control, roadway/berm maintenance, vegetation restoration, and repair of any facilities damaged as a result of Contractor’s activities.

XIII. PROJECT WORK RESTRICTIONS

1. Work hours shall be per 6:00 AM to 6:00 PM.

2. It is expected that the Contractor commence work on cleaning out of the Cell within 30 days of receiving the Notice to Proceed.

3. Contractor is expected to work continuously unless written approval from the Owner is obtained.

4. Within 10 days of receiving the Notice to Proceed, an Operations Plan must be submitted listing the equipment to be used on the project, a detailed work schedule, dust control measures, traffic management and labor allocations. Included as part of the equipment submittal must be a listing of the trucking fleet and the fueling/maintenance plan for the trucks.

5. The Bid must be based upon use of the prescribed trucking haul routes through the Muskegon County Resource Recovery Center job site.

6. The Bid must contain a detailed Spill Prevention Plan, which covers all aspects of the work performed under this contract.

7. The Bid must contain representative lists of similar projects performed during the last 60 months.

8. All sludge contaminated trucks and equipment, including tires, shall be washed prior to leaving the sludge loading area.

9. Access to the scale, Cell 3 and Cell 2 shall not be blocked.

10. Critical infrastructure must be located, including, but not limited to a DTE natural gas line. The high-pressure natural gas pipeline runs East-West under the northern berm of the sludge drying beds C-1, D-1, D-2, C-1 and E-2. The Contractor shall not run any heavy equipment over this berm and should coordinate with DTE as necessary.

11. Heavy equipment shall be used within the drying beds sparingly and with the prior approval of Muskegon County Resource Recovery Center. If tankers are used to offload sludge, they should offload at the concrete pads in the corners of each drying bed.

12. Below the dyke area, the Contractor shall build ramps on any piping that is laid on existing roads. The ramp design should have appropriate strength and slope in order to handle any existing traffic without causing any disruption.

13. All sludge handling, treatment, pumping, transport, loading, and trucking and all other work performed on the project shall be performed by trained qualified staff, adequately supervised and in a professional manner.

deviations in that scheduling shall be approved by the Owner 48 hours prior to performance of the work. Contractor’s operation shall, at all times, be confined to designated areas and shall not interfere with other work operations at the site.

XIV. SCHEDULING

The absolute deadline for completion of the project shall be August 1st, 2026. Therefore, the successful firm will be required to demonstrate through its proposal documents and finalizing discussions that it has a timeline for a plan of action that will assuredly allocate the necessary resources of the firm to respond with completed structure to the County by that date.

XV. SUBMITTING CRITERIA

The following information shall be included with your quote.

1. The applicable quote forms listed in the Quote Packet checklist

2. Acknowledgement that the Contractor is capable of meeting all specifications listed in the specifications. Any specifications or alternatives proposed will have additional material describing how they compare to the specified scope of work for an adequate comparison and review.

3. Supporting documentation where applicable verifying that the Bidder meets the

Minimum Qualifications listed.

XVI. EVALUATION CRITERIA

The instructions for Submitting Bids (Terms and Conditions) set forth certain criteria which will be used in the receipt of bids and selection of the successful firm. In addition, the criteria set forth below will be considered.

The bid response will first be deemed responsive to be considered for review and award.

To be responsive a quote should:

1. Have completed all required forms contained in this solicitation packet.

2. Provide evidence showing that the respondent is capable to meet each of the requirements listed in the Scope of Work.

The apparent best value bid will be reviewed for full compliance with the IFB instructions, the instructions, the bidders understanding of the project and the mandatory terms and conditions set forth within the document. The review will be to ensure the Contractor recommended for award has a complete understanding of the project and is capable of completing the project based on the bid submitted. The bid may be reviewed on the criteria below to verify that they are the best value for the County before recommendation for award.

Cost / Value vs. available budget Ability to perform with in the timeframe specified Quality of work performed on past projects Qualifications of the Contractor Vendor References Vendor Response to Specifications

14. Operations Plan, and any All work shall be formally scheduled in a Contractor’s

The final award, will be awarded to the firm determined by the County of Muskegon at its discretion, to have submitted the best proposal. In addition, the County of Muskegon may elect to negotiate specifications, terms and conditions, including final contract prices and project scope with one or more of the firms receiving favorable consideration, all at the discretion of the County of Muskegon.

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 The delivery time or completion date, as stated in the bid form, shall be the time required to deliver and complete item(s) after the receipt of the order or award of the contract. Where multiple items appear on the bid request, the responder/offeror shall, unless otherwise stated by the County, show the delivery time for each item separately.

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

3. 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.

4. 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.

5. 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.

6. Recommended Pre-Bid Meeting

A representative from the responder’s company is encouraged to attend the recommended pre-bid meeting. This is a non-mandatory meeting and therefore failure to attend the meeting will not result in the respondent being disqualified from bidding. Responders in attendance will be provided the opportunity to view the site and ask questions.

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. 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.

9. Award The award of a County contract will be made to the responsive and responsible responder 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

10. 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.

11. Freedom of Information Act Bid 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.

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

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

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. 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.

30. 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.

31. 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.

32. 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 bid 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.

33. 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

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. 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.

44. Incorporation of Instructions

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

45. 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.

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…