SAND RELOCATION PROJECT BID PACKAGE

Issued by Authority of the Michigan Department of Natural Resources – Procurement Office

This is an invitation to bid for furnishing labor, material, supplies and equipment to complete the project detailed on the Proposal and Contract Form and any attached specifications.

The State reserves the right to award to the responsive and responsible bidder offering the best value to the State. Best value consideration may include the quality of service to be provided, conformity with specifications, or suitability to the requirements of the State, or to reject any and all bids in whole or in part if the best interest of the State will be served. Bidders are responsible for reading, understanding, and following Instructions To Bidders, General Conditions and General Requirements included in this Project Bid Package.

Procurement Officer Lisa Crozier-Green Telephone

(517) 388-6626 Site Contact/Project Manager’s Name:

Hector Valdez

Email:

CrozierGreenL@michigan.gov Telephone:

(231) 869-2051 E-Mail Address:

ValdezH@michigan.gov

Division/Office Name:

Parks and Recreation

Field Unit Name:

Charles Mears State Park

Park Headquarters Address (PRD only):

400 West Lowell Street

City, State, ZIP:

Pentwater, MI 49449

MANDATORY PRE-BID MEETING

Wednesday, April 15, 2026 at 10:00 a.m. EST Park Headquarters, 400 West Lowell Street, Pentwater, MI 49449

Bidders must be present, on time, and provide their information on the Contractor Sign-In Sheet as verification of attendance at the MANDATORY PRE-BID MEETING. Bidders who do not attend the mandatory pre-bid meeting and / or who do not sign-in will not be considered for award.

HOLLAND STATE PARK SAND RELOCATION

STATEMENT OF WORK

Park Name: Charles Mears State Park

Site contact: Hector Valdez / Phone: (231) 869-2051 / Email: ValdezH@michigan.gov Contact Hector Valdez with questions regarding the sand relocation, locations, specifications, requirements, etc.

MANDATORY PRE-BID MEETING

Wednesday, April 15, 2026 at 10:00 a.m. EST Park Headquarters, 400 West Lowell Street, Pentwater, MI 49449

Bidders must be present and on time for the mandatory pre-bid meeting and provide their information on the contractor sign-in sheet as verification of attendance. Bidders who do not attend the mandatory pre-bid meeting and / or who do not sign-in will not be considered for award.

Submit bids through SIGMA VSS with completed bid package and insurance attached.

Solicitation Manager: Lisa Crozier-Green / CrozierGreenL@michigan.gov Contact the solicitation manager by email with questions regarding the bid, bidding process, award recommendation, etc.

Timeframe for work to be accomplished: May 4, 2026 – May 8, 2026

Maps attached: YES – Fence Removal and Sand Grading Map

Scope of Work for Snow Fence removal:

· Snow fence removal will take place during the week of May 4, 2026 – May 8, 2026, specific times will be coordinated after the contract is awarded

· Vendor will relocate sand away from all sand fences to allow park staff to easily remove fencing and posts to be transported to storage area by park staff. Sand should be removed from the fences in a west to east direction in area A. In Area B & C & E remove sand directionally based on how fences can be removed from blown sand the fastest.

· All wind-blown sand in areas “C”, “D” and “E” will be returned to the beach area “A” and areas “B”, “C” and “E” will be leveled flat to sidewalk/parking lot/road grade.

· Wind-blown sand in area “B” can be leveled to sidewalk grade within area “B”

· Area “F” includes the “islands” that are located West of the contact station and North of the contact station next to the dumpster fence and the area just north of the sanitation station. Those three “islands” need to be graded to road grade with excess sand being returned to beach area A.

Scope of Work for Sand Relocation:

Map will be provided at Pre-Bid, also included

· Drifted sand in areas north and south of beach parking lot entrance roads (areas “C” and “E”) is to be removed down to the level of the roads and parking lot and hauled to the swim beach (Area A) and graded as stipulated in the area “A” guidelines below. The areas are to then be graded and leveled between the beach area parking lot and the campground and park entrance roads. (Area C & E)

· Drifted sand in the volleyball court (area “D”) is to be removed and relocated to area “A”. The volleyball court is to be leveled flat, not a declining slope. The dimensions of the court will be at minimum 60’ (North/South) by 130’ (east/west) flat rectangle.

· Beach sand will be pushed and graded on a continuous declining slope from the walkway to the water’s edge in a manner dictated by the Park Supervisor or his representative. Area to be graded in this manner is illustrated as “Area A” on the map provided at the pre-bid meeting.

· Sand located in area A1 will need to be leveled to the grade of the pier sidewalk and the beach sidewalk to the south and east. This may require moving rip rap stones to level sand and replacing the rip rap back to its original location. Sand on the sidewalk and on the east side of the sidewalk will have to be cleared to 4-5 feet from the sidewalk’s edge.

· Vehicles and equipment used by the vendor will not be allowed on walkways or patios without prior approval of Park Supervisor.

SAND RELOCATION PROJECT BID PACKAGE

Issued by Authority of the Michigan Department of Natural Resources – Procurement Office

Charles Mears 2026

TO BID FOR THIS WORK, SUBMIT A PROPOSAL FOLLOWING THE INSTRUCTIONS BELOW.

1) Complete the “bidder’s” portion.

2) DO NOT change the bid form or qualify the bid. Only bid on the contract as written. If the bidder wishes to alter the bid price, it may be done by submitting the amount of change (addition or reduction) as a revision to the original bid by the bid opening time.

3) Bid prices must be valid for sixty days from the bid due date.

4) Bids must be submitted through SIGMA VSS no later than the date and time specified above.

· ENTER your price proposed

· ATTACH a completed and signed copy of this page

· ATTACH your current certificate of liability insurance, per requirements in Section 32.

5) Bidders are responsible for ensuring bids are received on time.

6) The Michigan DNR is not responsible for receipt of bids not delivered to the correct party by the due date and time.

Bidder’s Section: (See attached instructions to Bidders, General Conditions and General Requirements.)

DO NOT alter or qualify this Proposal and Contract. This Proposal may be rejected if this form is altered or qualified.

BIDDER ‘S NAME AND COMPLETE ADDRESS

TELEPHONE

E-MAIL ADDRESS

STREET ADDRESS

SIGMA VENDER ID:

CITY, STATE, ZIP

IS YOUR COMPANY REGISTERED IN SIGMA VSS AS A GDBE?

INCLUDE A COPY OF THE BIDDER’S CERTIFICATE OF LIABILITY INSURANCE, PER THE REQUIREMENTS IN SECTION 32 OF THE GENERAL REQUIREMENTS.

SUBCONTRACTOR‘S NAME AND COMPLETE ADDRESS

TELEPHONE

E-MAIL ADDRESS

STREET ADDRESS

CITY, STATE, ZIP

SCOPE OF WORK TO BE PERFORMED BY SUBCONTRACTOR:

MANDATORY COMPLETION DATE May 8, 2026

Bidder agrees all work will be completed no later than May 8, 2026 ☐ Yes ☐ No

We propose to furnish all labor, materials, equipment, tools, and services required to complete the work in accordance with the specifications and conditions contained herein in consideration of the sum(s) stated above and agree that this document and attached General Terms and Requirements will constitute the contract if accepted by the State. Unsigned bids may be rejected as incomplete. Failure to attach this document or insurance may result in bid disqualification.

STATE OF MICHIGAN

DEPARTMENT OF NATURAL RESOURCES

STANDARD CONTRACT TERMS

Vendor is deemed to have accepted these terms upon the earliest of vendor’s: written acceptance of these terms; commencement of work; receipt of payment; or submission of a bid, proposal, or other offer in response to a solicitation.

1. General. Vendor’s failure to deliver or comply with any of these terms may result in damages against the Vendor and termination of the Contract.

2. Michigan Prevailing Wage Requirements. NOTICE ONLY – PREVAILING WAGE IS NOT REQUIRED ON THIS PROJECT. Construction mechanics are intended beneficiaries of the contractual prevailing wage, fringe benefit, and nondiscrimination nonretaliation requirements. Any construction mechanic aggrieved by the failure of a contractor or subcontractor to pay prevailing wages or benefits as specified in the contract, or by a violation of section 7, in addition to any other remedies provided in this act or by law, may bring an action in a court of competent jurisdiction against the contractor or subcontractor for damages or injunctive relief and may be awarded reinstatement or other appropriate relief, and all damages sustained, together with actual costs and attorney fees at trial and on appeal.

3. Delivery, Title and Risk of Loss. Vendor must pay all costs associated with packaging, freight, and shipping, and must ship all deliverables F.O.B. destination, inside delivery, unless otherwise specified in the Contract. Title and risk of loss or damage to deliverables remains with Vendor until the deliverables have been received, inspected and accepted by the State in accordance with these terms. All containers and packaging become the State’s exclusive property upon final acceptance. Vendor shall ensure that all deliverables and services (“Deliverables”) are provided to the State by the date and time specified on the Contract. If Vendor fails to provide the Deliverables in accordance with the Contract, the State may reject the delivery and terminate the Contract without any termination charges or penalties, and Vendor must pay all associated costs, including, but not limited to, expedited routing costs, return shipping charges, the procurement of the Deliverables from another source, and any storage removal, or disposal expenses. The risk of loss of rejected or non-conforming Deliverables remains with Vendor. Rejected Deliverables not removed by Vendor within 10 calendar days will be deemed abandoned by Vendor, and the State will have the right to dispose of such Deliverables as its own property. Vendor is responsible for filing, processing, and collecting all damage claims.

4. Inspection. The State may inspect the work and activities of Vendor, and its subcontractors, at all reasonable times and places before, during and after delivery of the Deliverables. All Deliverables are subject to final inspection and acceptance by the State notwithstanding any prior payments or inspections. Final inspection will take place within 30 calendar days of the latter: delivery date, installation, or completion of services. If any Deliverables are non-conforming or defective, the State is entitled to, at its option and at Vendor’s expense: (a) a refund; (b) a credit; or (c) correction or replacement. If Vendor fails to correct defects or replace non-conforming Deliverables within 10 calendar days, the State may, in addition to its other remedies: (i) reject such Deliverables; (ii) accept such Deliverables at a discount; or (iii) make such corrections or replace such Deliverables and charge Vendor any resulting costs incurred by the State plus an additional 10% administrative fee.

5. Payment. Invoices must include an itemized statement of all charges. All undisputed amounts are payable within 45 calendar days of the later of the State’s: (a) receipt of an invoice; or (b) final acceptance of the Deliverables. The State is exempt from State sales tax for direct purchases and may be exempt from federal excise tax, if Deliverables purchased under the Contract are for the State’s exclusive use. Notwithstanding the foregoing, all fees are inclusive of taxes, and Vendor is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by federal, state or local government entities on any amounts payable by the State. The State may withhold payment in whole or in part for Deliverables the State determines are defective, untimely, or otherwise non-conforming to the Contract. All amounts due and payable by the State to Vendor shall be subject to deduction or set off by the State against any claim the State may have against Vendor whether arising out of the Contract or any other transactions with the State. The State will only disburse payments through Electronic Funds Transfer (EFT). If Vendor does not register to receive payments at http://www.michigan.gov/cpexpress, the State is not liable for failure to provide payment.

6. Warranties and Representations. Vendor represents and warrants: (a) all Deliverables furnished under the Contract will conform to all specifications and industry standards, and will be free from defects, including, where applicable and without limitation, defects in material, workmanship, and title; (b) Vendor is the owner or licensee of all Deliverables it licenses, sells, or develops and Vendor has the rights necessary to convey title, ownership rights, or licensed use; (c) all Deliverables are provided free from any security interest, lien, or encumbrance and will continue in that respect; (d) the Deliverables will not infringe the patent, trademark, copyright, trade secret, or other proprietary rights of any third party; (e) Vendor must assign or otherwise transfer to the State or its designee any manufacturer's warranty for the Deliverables; (f) Vendor will not negate, exclude, limit, or modify in any warranty otherwise available to the State in any way; (g) the Deliverables are merchantable and fit for the State’s intended use ; (h) the Deliverables furnished will conform in all respects to samples, advertisements, and other forms of representation made to the State; (i) the Contract signatory has the authority to enter into the Contract; and (j) all information furnished and representations made in connection with the Contract is true, accurate, and complete, and contains no false statements or omits any fact that would make the information misleading. Vendor agrees to promptly replace or correct any Deliverables not conforming to the foregoing warranty, without expense to the State, when notified of such non-conformity by the State. A breach of this Section is a material breach of the Contract.

7. Termination for Cause. The State may terminate the Contract, in whole or in part, at any time for cause in the event Vendor fails to comply with any of these terms, including, without limitation, late delivery or performance, the delivery of defective or non-conforming Deliverables, or failure to provide the State with reasonable assurances of future performance. In the event of termination for cause, the State will not be liable to Vendor for any amount, and Vendor will be liable to the State for any and all damages, including but not limited to, administrative fees, court costs, attorney fees, and cover costs. Any ineffectual termination for cause is hereby deemed a termination for convenience, effective as of the same date and limited to those rights. In the event of a curable breach by the Contractor, the State shall provide the Contractor written notice of the breach and a time period to cure said breach described in the notice. This section requiring notice and an opportunity to cure shall not be applicable in the event of successive or repeated breaches of the same nature or if the State determines in its sole discretion that the breach poses a serious and imminent threat to the health or safety of any person or the imminent loss, damage or destruction of any real or tangible personal property.

8. Termination for Convenience. The State may immediately terminate the Contract, in whole or in part, without penalty and for any reason, including but not limited to, appropriation or budget shortfalls. Upon termination for convenience, the State will only pay for those Deliverables, not including standard stock, then in progress and which cannot be returned under these terms.

9. Indemnification. Vendor must defend, indemnify and hold the State, all of its instrumentalities, and employees harmless, without limitation, from and against any and all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to: (a) any breach by Vendor (or any of Vendor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable) of any of the promises, agreements, representations, warranties, or other requirements contained in the Contract; (b) any infringement, misappropriation, or other violation of any intellectual property right or other right of any third party; (c) any bodily injury, death, or damage to real or tangible personal property occurring wholly or in part due to action or inaction by Vendor (or any of Vendor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable); and (d) any acts or omissions of Vendor (or any of Vendor’s employees, agents, subcontractors, or by anyone else for whose acts any of them may be liable). Due to constitutional prohibitions, the State will not indemnify Vendor, or its employees or affiliates, for any reason whatsoever.

10. Confidentiality. Vendor agrees that any information, including State Data, disclosed by the State in relation to the Contract will be used only in the performance thereof. Vendor will keep the information confidential, will not disclose it to any third party, except as authorized by the State, and will only disclose it to those within its organization who need it for performance of the Contract. Upon completion or termination of the Contract, Vendor will return all such information to the State or make such other disposition thereof as directed or approved by the State. No item furnished under the Contract, or tools, plans, designs, or specifications for producing the same, which have been specifically designed for or by the State, will be duplicated or used by Vendor. Nothing in this provision will restrict Vendor’s right to use or disclose any information which is or becomes known to the public without breach of this provision by Vendor or is rightfully obtained without restriction from other sources.

11. Proprietary Rights. All materials, tools, plans, designs, specifications, equipment, and other property either furnished by the State to Vendor or paid for by the State, will remain the property of the State, but the Vendor assumes the risks of, and will be responsible for, any loss or damage, until returned in good order to the State. Such property must be safely stored and properly maintained by Vendor. Upon completion of this Contract, Vendor will return such property to the State or to any other entity as the State may direct, in the condition in which it was received, manufactured or procured by Vendor, except for reasonable wear and tear and except if such property has been incorporated into the Deliverables.

12. State Data. All data and information provided to Vendor by or on behalf of the State, and all data and information derived therefrom, is the exclusive property of the State (“State Data”) and may only be used as specifically required by the Contract; this definition is to be construed as broadly as possible. Upon request, Vendor must provide to the State, or its third-party designee, all State Data within 10 calendar days of the request and in the format requested by the State. Vendor will assume all costs incurred in compiling and supplying State Data. No State Data may be used for any marketing purposes.

13. Intellectual Property. Unless otherwise stated in the Contract, Vendor: (a) agrees that any computer program, software, documentation, copyrightable work, discoveries, inventions or improvements developed by Vendor resulting from supplying the Deliverables are the property of the State; and (b) hereby assigns all rights therein to the State. Vendor further agrees to provide the State with any assistance which the State may require to obtain patents or copyright registrations.

14. Limitation of Liability. The State is not liable for consequential, incidental, indirect, or special damages, regardless of the nature of the action. Under no circumstances will the State be liable for any amounts, in whatever form, in excess of the total aggregate value set forth in the Contract.

15. Records Maintenance, Inspection, Examination, and Audit. The State or its designee may audit Vendor to verify compliance with the Contract. Vendor must retain and provide to the State or its designee and the auditor general upon request, all financial and accounting records related to the Contract through the term of the Contract and for 4 years after the latter of termination, expiration, or final payment under the Contract or any extension.

16. Notices. All notices and other communications required or permitted under the Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email.

17. Modifications. The Contract may not be amended except by signed agreement between the parties (a “Change Notice”).

18. Independent Contractor. Vendor is an independent contractor and assumes all rights, obligations and liabilities set forth in the Contract. Vendor, its employees, and agents are not considered employees of the State.

19. Subcontracting and Assignment. Vendor may not delegate or assign any of its obligations or rights under the Contract without the prior written approval of the State.

20. Compliance with Laws and Policies. Vendor must comply with all applicable federal, state and local laws, rules and regulations. Vendor must also comply with all applicable State physical and IT security policies and standards, which will be made available upon request

21. Nondiscrimination. Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., Vendor and its subcontractors agree 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, or mental or physical disability. Breach of this covenant is a material breach of the Contract.

22. Unfair Labor Practice. Under MCL 423.324, the State may void any Contract with a Contractor, Vendor, or subcontractor who appears on the Unfair Labor Practice register compiled under MCL 423.322.

23. Governing Law. The Contract is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to or arising out of the Contract are governed by Michigan law, excluding choice-of-law principles. Any dispute arising from the PO must be resolved in Michigan Court of Claims. Vendor hereby waives any objections, such as lack of personal jurisdiction or forum non conveniens. Vendor must appoint agents in Michigan to receive service of process.

24. Non-Exclusivity. Nothing contained in the Contract is intended nor will be construed as creating any requirements contract with Vendor. The Contract does not restrict the State or its agencies from acquiring similar, equal, or like Deliverables from other sources.

25. Force Majeure. Neither party will be in breach of the Contract because of any failure arising from any disaster or acts of god that are beyond their control and without their fault or negligence. Each party will use commercially reasonable efforts to resume performance. Vendor will not be relieved of a breach or delay caused by its subcontractors. If immediate performance is necessary to ensure public health and safety, the State may immediately contract with a third party.

26. Media Releases. News releases (including promotional literature and commercial advertisements) pertaining to the Contract or project to which it relates must not be made without prior written State approval, and then only in accordance with the explicit written instructions of the State. Vendor will provide the State, for its review, copies of all presentations or articles being submitted for publication at least 30 calendar days in advance.

27. Website Incorporation. The State is not bound by any content on Vendor’s website unless expressly incorporated directly into the Contract.

28. Severability. If any part of the Contract, or these terms, is held invalid or unenforceable, by any court of competent jurisdiction, that part will be deemed deleted and the severed part will be replaced by agreed upon language that achieves the same or similar objectives. The remaining Contract terms will continue in full force and effect.

29. Waiver. Failure to enforce any provision of the Contract, or these terms, for any period of time will not constitute a waiver.

30. Survival. The provisions of these terms that impose continuing obligations, including warranties and representations, termination, indemnification, intellectual property, and confidentiality, will survive the expiration or termination of the Contract.

31. Entire Contract. The Contract and these terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. No terms on any invoice, quote, purchase order, website, browse-wrap, shrink-wrap, click-wrap or other non-negotiated terms and conditions provided with any of the Deliverables (including software and hardware) or documentation, whether by Vendor, Contractor, subcontractor, or any third-party, will constitute a part or amendment of the Contract or is binding on the State or any authorized user for any purpose.

32. INSURANCE REQUIREMENTS. The Contractor is required to provide proof of the minimum levels of insurance coverage as indicated below. The purpose of this coverage shall be to protect the State from claims which may arise out of or result from the Contractor’s performance of services under the terms of this Contract, whether such services are performed by the Contractor, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. The Contractor waives all rights against the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees and agents for recovery of damages to the extent these damages are covered by the insurance policies the Contractor is required to maintain pursuant to this Contract. The Insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. All deductible amounts for any of the required policies are subject to approval by the State. The State reserves the right to reject insurance written by an insurer the State deems unacceptable. BEFORE A PURCHASE ORDER IS ISSUED BY THE STATE, THE CONTRACTOR MUST FURNISH CERTIFICATE(S) OF INSURANCE VERIFYING INSURANCE COVERAGE. THE CERTIFICATE MUST BE ON THE STANDARD “ACCORD” FORM. All such Certificate(s) are to be prepared and submitted by the Insurance Provider and not by the Contractor. All such Certificate(s) shall contain a provision indicating that coverages afforded under the policies WILL NOT BE CANCELLED OR MATERIALLY CHANGED without THIRTY (30) days prior written notice having been given to the State.

The Contractor is required to provide the type and amount of insurance checked () below:

Commercial General Liability with the following minimum coverages:

$2,000,000 General Aggregate Limit other than Products/Completed Operations $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 Each Occurrence Limit $500,000 Fire Damage Limit (any one fire) The Contractor must list the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees and agents as ADDITIONAL INSUREDS on the Commercial General Liability policy.

Policy must be addressed to:

Michigan Department of Natural Resources 525 West Allegan, Stabenow Building, Third Floor, North Tower Lansing, MI 48933 All insurance coverage provided relative to this Contract/Purchase Order is PRIMARY to any comparable liability insurance (including self-insurances) carried by the State.

$100,000 each accident $100,000 each employee by disease $500,000 aggregate disease image1.png