Vendor Name Vendor Address

Vendor Phone Vendor Email

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.

The time of receipt shall be determined by the time clock stamp in the electronic Bidnet system. Respondents are responsible for ensuring that their proposal response is submitted by the deadline indicated.

No late proposal responses will be accepted.

Sincerely, Angela Gasiewski

Angela Gasiewski, CPA Finance Director

Department of Finance & Management – Procurement 1903 Marquette, Suite A106, Muskegon, MI 49442

(231) 724-6281 – Bids@co.muskegon.mi.us – www.co.muskegon.mi.us

Requesting Agency Muskegon County Parks Department Description Pioneer Park new bathhouse, replacement for existing facility.

Deadline for Questions Thursday, November 6, 2025 at 2:00 PM Response to Questions Monday, November 10, 2025

Proposal Deadline Thursday, November 20, 2025 at 10:00 AM Zoom Meeting Link & Passcode Click here for Link Code: 2564R

Board of Commissioners

Charles Nash Chair, District 5

Jessica Cook Vice Chair, District 6

Kim Cyr District 1

J. Brett Herman District 2

Michelle Hazekamp District 3

Chris McGuigan District 4

Darrell L. Paige District 7

Wednesday, October 22, 2025 26-2564R Pioneer Park Bathhouse Construction

Muskegon County Parks Department https://us06web.zoom.us/j/83595739963?pwd=OMgxelqf86vHAUnolsYYzS3rYoTKns.1

PROPOSAL 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 proposal will be in force is 90 days.

Respondents are to submit prices on the “26-2564R Pioneer Park Bathhouse Construction Bid Sheet” located in the documents section of this solicitation, found here https://www.bidnetdirect.com/mitn/muskegon-county. Every line (space) must contain a figure, zero (0), line (-) or “No Bid”. Failure to complete the bid summary as stated above may be cause for rejection of bid.

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 Parks Department 26-2564R Pioneer Park Bathhouse Construction

BACKGROUND

Pioneer County Park currently has a beach area bathhouse and another bathhouse that are past their useful lives and do not fully meet current ADA requirements. The Owner wants to demolish & remove the existing buildings and construct a single replacement bath house at the current beach campground bathhouse site.

The Muskegon County Bathhouse at Pioneer Park Campground is funded through the Michigan DNR, Natural Resource Trust Fund Grant all relevant state or federal requirements apply. The Grant number is TF22-0044 Muskegon County Bathhouse Grant.

MINIMUM REQUIREMENTS

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

Bids will be considered from firms who:

1. Are licensed to do business in the State of Michigan, please provide documentation.

2. Possess the necessary qualifications and competencies to provide the goods or perform the work proposed. Please provide any/all subcontractors that will be used in the completion of this project.

3. Bidder shall provide a list of projects in the State of Michigan where they have provided similar services.

Contractor and any subcontractors must comply with all requirements of 1976 PA 453 (Elliott- Larsen Civil Rights Act), the 1976 PA 220 (Persons with Disabilities Civil Rights Act), and Executive Directive 2019-09, as amended. In accordance with these laws, all contracts the grantee enters into must contain a covenant by the contractor and any subcontractors not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, marital status, partisan considerations, or a disability or genetic information that is unrelated to the individual’s ability to perform the duties of a particular job or position.

RESPONSIBILITIES OF SUCCESSFUL BIDDER

Bidder shall provide all material, labor, equipment, and utilities to conduct items as specified below with an anticipated completion of October 2025. Detailed plans and specifications are provided in the Appendixes.

1. Demolition of Existing Toilet and Shower Building

2. Construction of New Bathhouse

3. Final / Finished Site Grading

4. Completion of Concrete Sidewalks

5. Completion of Asphalt Paving-Existing Roadways

6. Completion of Site Restoration, and Landscaping, Native Plantings, Benches, Bike

Racks

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

General Contractor to attend Project Progress Meeting(s) every two weeks ‘on-site’ with the Project Architect scheduled during the Construction Phase.

EVALUATION CRITERIA

Fully complete all general forms contained in this solicitation.

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

The successful bidder will be required to provide the following: Performance Bond, Payment Bond, as well as Proof of Insurances prior to execution of the contract for this solicitation.

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

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

1. Proposal Submittals

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

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

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 / Proposal Procedure Inquiries The sole point of contact concerning the Request for Proposal (RFP) 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 RFP, 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 RFP. 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 proposal.

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.

4. Delivery Date The delivery time or completion date, as stated in the proposal 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 proposal request, the responder/offeror shall, unless otherwise stated by the County, show the delivery time for each item separately.

Provide a tentative timeline in the proposal.

5. Respondent/Offeror Representation

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

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

6. 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.

7. Accelerated Pay Discounts Accelerated discounts should be so stated on the proposal 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.

8. 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.

9. 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.

10. Subcontracting No portion of this proposal 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 proposal.

11. 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.

12. 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.

13. Commission Privilege The Board of Commissioners reserves the right to accept or reject any or all proposals, 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. Proposal Results Responders who submitted a proposal and who wish to know the results before the award may visit the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.

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

16. Reservations The County reserves the right to discontinue the RFP process at any time for any reason.

The issuance of an RFP, your preparation and submission of a proposal and the County’s subsequent receipt and evaluation of your proposal does not commit the County to award a Contract to you or anyone, even if all the requirements in the RFP are met.

17. 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.

18. Purchase Order A purchase order will be issued to the successful Responder after the proposal 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.

19. 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.

20. 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’s reply, an appeal must be made in writing within seven (7) days to the Muskegon County Board of Commissioners.

21. Freedom of Information Act Proposals 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 proposal to facilitate public inspection of the non-confidential portion of the proposal. 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.

22. Rights to Information Contained in Proposals All Proposals will be considered the property of Muskegon County.

23. Legal Requirements

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

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. Responder Arrears No proposal 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.

31. Gender

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

32. 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 RFP, 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.

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

38. Incorporation of Instructions

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

39. 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.

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

41. Forfeiture of Bid Guarantees

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

42. Performance Bond

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

COUNTY OF MUSKEGON

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 $3,000,000 per occurrence and aggregate. Coverage shall include, but not limited to, the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

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

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

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

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

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

8. Builders Risk: The successful Responder shall procure and maintain during the term of construction a policy of Builders Risk Property Insurance in the full amount of the project.

Policy shall be on an All Risk form, and cover all property under a Replacement Cost basis. Policy Shall also name County of Muskegon as Loss Payee.

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

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

11. If any of the above coverages expire during the term of this contract, the successful Responder shall deliver renewal certificates, endorsements, and/or policies to County of Muskegon at least ten (10) days prior to the expiration date.

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

Harmless Agreement:

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

Complete Not

Applicable

Bid Invitation Cover Letter

Bid Certification/Non-Collusion Affidavit & Minority Supplier Certification

PROPOSAL 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 of this list as you complete them.

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

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

Bid Sheet, Proposed Rates and Detailed Budget

No Bid Response Form – Only if Not Bidding

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:

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.

Bid Name:

Responder:

Responder Address:

___________________________________Company Name:

Printed Name:

Signature:

Date Signed:

Addendum Number Addendum Date Initials

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

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

ADDENDA SUMMARY

If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards to this solicitation these changes 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 solicitation 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.

Date Signed: ___________________________________

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: __________________________________________________

CERT. 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 that 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.

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

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

Date Signed: ___________________________________

NON-DISCRIMINATION STATEMENT

Responder Name:

Project Name:

Project #: _______________________________________

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.

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:

___________________________________Printed Name:

___________________________________Signature:

Date Signed:

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.

Proposal: 26-2564R Pioneer Park Bathhouse Construction

EJCDC® C-610, Performance Bond.

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

PERFORMANCE BOND

Contractor Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Contract

Name: Muskegon County Board of Public Works Description (name and location):

Mailing address (principal place of business): Wastewater System Improvements:

Coopersville Main Lift Station Ottawa County, MI

990 Terrace Street Muskegon County Muskegon, MI 49442 Contract Price:

Effective Date of Contract:

Bond

Bond Amount:

Date of Bond:

(Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form:

☐ None ☐ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

Contractor as Principal Surety

(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature)(Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.

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

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after:

3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

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

5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account…