Site work for a playground / park / athletic field in Grand Haven, Michigan. Completed plans call for site work for a playground / park / athletic field.

Grand Haven State ParkPark address:1001 South Harbor DriveGrand Haven, MI 49417SolicitationLisa Crozier-Green / CrozierGreenL@michigan.govManager:Contact the solicitation manager by email with questions regarding the bid, bidding process, award recommendation, etc. Timeframe for work to be accomplished: April 7, 2025 - April 25, 2025 Maps attached: NO - Copies will be available at the Mandatory Pre-Bid Meeting Park Specification for Snow Fence & debris removal:Contractor will remove all snow fence in a manner that will prevent damage to the fence and steel posts toopreserve it for future use.All fencing material is to be rolled in tight rolls not to exceed 50' in length. oAll zip ties used to secure fence are to be cut from the fence and placed in trash receptacles. oFence posts must be removed in such a manner to prevent bending and distorting.oFence and posts are to be stacked at the park headquarters as directed by the Park Supervisor or theirodesignated appointee .Contractor must report to the supervisor any damage to state property and then repair/replace at cost toothe contractor through approved vendors. Park Specifications for Sand Removal:Contractor will remove all large debris between snow fence and shoreline prior to grading sand. Debrisoincludes but is not limited to trees, building construction materials, stumps, logs, etc. that have washed ashoreover the course of the winter. Debris will be removed from Grand Haven State Park by contractor.Miss Dig must be contacted by the contractor before any work is performed allowing adequate time foroburied utilities to be marked.Sand removed from all areas will be taken down to the pavement level 10 feet from edge of pavement unlessootherwise noted. (See note referencing critical dune areas)Clean sand from any area may be placed around the campground playground to bring that area back levelowith the surrounding pavement. Remove all sand accumulations to pavement level from following areas:ooday use parking lotsoislands between parking spaces and lotsoplayground areaopaved roadway so around the entire beach buildingodumpster pads including around fences and sidewalksoup to the 4x6 fence along Harbor Aveosouth end of the day use area,osouth and west side of park headquartersomain entrance road,oentire campground area including next to the toilet/shower buildingoentire day use picnic area,osanitation station (including the dog walk area)owest end and east side of the Channel parking lot up to the pier rocks and around all chain link fencing(bothsides).ograding and sand removal surrounding the park lodge will also need to be done.oAll areas will be clearly defined at the pre-bid meeting. A map will be provided at the pre-bid meeting showing two protected critical dune areas in the park. Noomovement of sand may take place on or within 15 feet of these two dunes.Sand in the day use entrance area/road must be removed and placed back on the beach before any otheroareas of the park.Remove all sand from the day use entrance road and place this sand in the area known as the volleyball areaoof the park. This sand will be graded to a less than or equal to 5% slope starting at the edge of the campsite padswest to the lake.Sand on the beach and around the snow fence on the beach shall be graded to 5% slope starting at theosidewalk edge down to the water's edge allowing clear vision of this area from the parking lots and walkways. Thecontractor will grade all sand evenly along the entire length of the beach from the south boundary near the citybeach to the Grand River south pier.Equipment may not enter the water at any time. Sand may be pushed up to the normal high-water mark butonot into the water.Tracked vehicles are not allowed on any paved surfaces without prior approval by the park supervisor.oProtection of these surfaces will be required if tracked vehicles need to pass over them.Contractor will be responsible for all damages to phone, cable, power lines, power pedestals, sidewalks,oroadways or other State facilities damaged during the contract period. Base Proposal Sum$(This figure shall be valid for a period of sixty (60) days from the Bid Opening Date.)ALL WORK TO BE COMPLETED NO LATER THAN MARCH 28, 2025.We propose to furnish all labor, materials, equipment, tools, and services required to complete the work inaccordance with the specifications and conditions contained herein in consideration of the sum(s) stated aboveand agree that this document and attached General Terms and Requirements will constitute the contract ifaccepted by the State. We acknowledge receipt of the relevant Prevailing Wage rate schedule and informationaldocuments for this project. Unsigned bids may be rejected as incomplete.Bidder's SignatureDateWitness' SignatureDateBidder's Printed NameWitness' Printed NameSTATE OF MICHIGANENTERPRISE PROCUREMENTSTANDARD CONTRACT TERMS (SHORT FORM)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 asolicitation.1.General. Vendor's failure to deliver or comply with any of these terms, may result in damages against theVendor and the termination of the Contract.2.Michigan Prevailing Wage Requirements. Construction mechanics are intended beneficiaries of thecontractual prevailing wage, fringe benefit, and nondiscrimination nonretaliation requirements. Any constructionmechanic aggrieved by the failure of a contractor or subcontractor to pay prevailing wages or benefits as specifiedin the contract, or by a violation of section 7, in addition to any other remedies provided in this act or by law, maybring an action in a court of competent jurisdiction against the contractor or subcontractor for damages orinjunctive 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. Please review the included Prevailing Wagerate schedule and informational documents. If you received this bid package without a PW rate schedule, contactLisa Crozier-Green at CrozierGreenL@michigan.gov before submitting a bid.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. Titleand 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 theState'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 toprovide the Deliverables in accordance with the Contract, the State may reject the delivery and terminate theContract without any termination charges or penalties, and Vendor must pay all associated costs, including, butnot limited to, expedited routing costs, return shipping charges, the procurement of the Deliverables fromanother source, and any storage removal, or disposal expenses. The risk of loss of rejected or non-conformingDeliverables remains with Vendor. Rejected Deliverables not removed by Vendor within 10 calendar days will bedeemed abandoned by Vendor, and the State will have the right to dispose of such Deliverables as its ownproperty. 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 reasonabletimes and places before, during and after delivery of the Deliverables. All Deliverables are subject to finalinspection and acceptance by the State notwithstanding any prior payments or inspections. Final inspection willtake place within 30 calendar days of the later of the delivery date, installation, or completion of services. If anyDeliverables are non-conforming or defective, the State is entitled to, at its option and at Vendor's expense: (a) arefund; (b) a credit; or (c) correction or replacement. If Vendor fails to correct defects or replace non-conformingDeliverables 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 chargeVendor 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 payablewithin 45 calendar days of the later of the State's: (a) receipt of an invoice; or (b) final acceptance of theDeliverables. The State is exempt from State sales tax for direct purchases and may be exempt from federalexcise tax, if Deliverables purchased under the Contract are for the State's exclusive use. Notwithstanding theforegoing, all fees are inclusive of taxes, and Vendor is responsible for all sales, use, and excise taxes, and anyother similar taxes, duties, and charges of any kind imposed by federal, state or local government entities on anyamounts payable by the State. The State may withhold payment in whole or in part for Deliverables the Statedetermines are defective, untimely, or otherwise non-conforming to the Contract. All amounts due and payableby the State to Vendor shall be subject to deduction or setoff by the State against any claim the State may haveagainst Vendor whether arising out of the Contract or any other transactions with the State. The State will onlydisburse payments through Electronic Funds Transfer (EFT). If Vendor does not register to receive payments athttp://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 theContract will conform to all specifications and industry standards, and will be free from defects, including, whereapplicable and without limitation, defects in material, workmanship, and title; (b) Vendor is the owner or licenseeof all Deliverables it licenses, sells, or develops and Vendor has the rights necessary to convey title, ownershiprights, or licensed use; (c) all Deliverables are provided free from any security interest, lien, or encumbrance andwill 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 itsdesignee any manufacturer's warranty for the Deliverables; (f) Vendor will not negate, exclude, limit, or modify inany warranty otherwise available to the State in any way; (g) the Deliverables are merchantable and fit for theState's intended use ; (h) the Deliverables furnished will conform in all respects to samples, advertisements, andother forms of representation made to the State; (i) the Contract signatory has the authority to enter into theContract; 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 informationmisleading. Vendor agrees to promptly replace or correct any Deliverables not conforming to the foregoingwarranty, without expense to the State, when notified of such non-conformity by the State. A breach of thisSection 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 inthe event Vendor fails to comply with any of these terms, including, without limitation, late delivery orperformance, the delivery of defective or non-conforming Deliverables, or failure to provide the State withreasonable assurances of future performance. In the event of termination for cause, the State will not be liableto Vendor for any amount, and Vendor will be liable to the State for any and all damages, including but not limitedto, administrative fees, court costs, attorney fees, and cover costs. Any ineffectual termination for cause ishereby 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 thebreach and a time period to cure said breach described in the notice. This section requiring notice and anopportunity to cure shall not be applicable in the event of successive or repeated breaches of the same nature orif the State determines in its sole discretion that the breach poses a serious and imminent threat to the health orsafety 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. Upontermination for convenience, the State will only pay for those Deliverables, not including standard stock, then inprogress and which cannot be returned under these terms.9.Indemnification. Vendor must defend, indemnify and hold the State, all of its instrumentalities, andemployees 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 outof or relating to: (a) any breach by Vendor (or any of Vendor's employees, agents, subcontractors, or by anyoneelse 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 anyintellectual property right or other right of any third party; (c) any bodily injury, death, or damage to real ortangible personal property occurring wholly or in part due to action or inaction by Vendor (or any of Vendor'semployees, agents, subcontractors, or by anyone else for whose acts any of them may be liable); and (d) any actsor omissions of Vendor (or any of Vendor's employees, agents, subcontractors, or by anyone else for whose actsany of them may be liable). Due to constitutional prohibitions, the State will not indemnify Vendor, or itsemployees or affiliates, for any reason whatsoever.10.Confidentiality. Vendor agrees that any information, including State Data, disclosed by the State in relationto the Contract will be used only in the performance thereof. Vendor will keep the information confidential, willnot disclose it to any third party, except as authorized by the State, and will only disclose it to those within itsorganization 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 approvedby the State. No item furnished under the Contract, or tools, plans, designs, or specifications for producing thesame, which have been specifically designed for or by the State, will be duplicated or used by Vendor. Nothing inthis provision will restrict Vendor's right to use or disclose any information which is or becomes known to thepublic 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 eitherfurnished by the State to Vendor or paid for by the State, will remain the property of the State, but the Vendorassumes 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, Vendorwill return such property to the State or to any other entity as the State may direct, in the condition in which itwas received, manufactured or procured by Vendor, except for reasonable wear and tear and except if suchproperty 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 andinformation derived therefrom, is the exclusive property of the State ("State Data") and may only be used asspecifically 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 requestand in the format requested by the State. Vendor will assume all costs incurred in compiling and supplying StateData. No State Data may be used for any marketing purposes.13.Intellectual Property. Unless otherwise stated in the Contract, Vendor: (a) agrees that any computerprogram, software, documentation, copyrightable work, discoveries, inventions or improvements developed byVendor resulting from supplying the Deliverables are the property of the State; and (b) hereby assigns all rightstherein to the State. Vendor further agrees to provide the State with any assistance which the State may requireto 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, inwhatever 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 toverify compliance with the Contract. Vendor must retain and provide to the State or its designee and the auditorgeneral upon request, all financial and accounting records related to the Contract through the term of theContract and for 4 years after the latter of termination, expiration, or final payment under the Contract or anyextension.16.Notices. All notices and other communications required or permitted under the Contract must be in writingand will be considered given and received: (a) when verified by written receipt if sent by courier; (b) whenactually received if sent by mail without verification of receipt; or (c) when verified by automated receipt orelectronic 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 andliabilities 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 theContract 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 andstandards, which will be made available upon request21.Nondiscrimination. Under the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and thePersons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., Vendor and its subcontractors agreenot 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 ofrace, 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, orsubcontractor 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 byMichigan law, excluding choice-of-law principles. Any dispute arising from the PO must be resolved in MichiganCourt of Claims. Vendor hereby waives any objections, such as lack of personal jurisdiction or forum nonconveniens. 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 anyrequirements 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 anydisaster or acts of god that are beyond their control and without their fault or negligence. Each party will usecommercially reasonable efforts to resume performance. Vendor will not be relieved of a breach or delay causedby its subcontractors. If immediate performance is necessary to ensure public health and safety, the State mayimmediately contract with a third party.26.Media Releases. News releases (including promotional literature and commercial advertisements) pertainingto the Contract or project to which it relates must not be made without prior written State approval, and thenonly 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 expresslyincorporated directly into the Contract.28.Severability. If any part of the Contract, or these terms, is held invalid or unenforceable, by any court ofcompetent jurisdiction, that part will be deemed deleted and the severed part will be replaced by agreed uponlanguage that achieves the same or similar objectives. The remaining Contract terms will continue in full forceand effect.29.Waiver. Failure to enforce any provision of the Contract, or these terms, for any period of time will notconstitute a waiver.30.Survival. The provisions of these terms that impose continuing obligations, including warranties andrepresentations, termination, indemnification, intellectual property, and confidentiality, will survive theexpiration or termination of the Contract.31.Entire Contract. The Contract and these terms constitute the sole and entire agreement of the parties withrespect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings andagreements, 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 conditionsprovided 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 onthe State or any authorized user for any purpose.INSURANCE REQUIREMENTSThe Contractor is required to provide proof of the minimum levels of insurance coverage as indicated below. Thepurpose of this coverage shall be to protect the State from claims which may arise out of or result from theContractor's performance of services under the terms of this Contract, whether such services are performed bythe Contractor, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or byanyone 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 bythe 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 BOTH PARTIES SIGN THE CONTRACT OR BEFORE THE PURCHASE ORDER IS ISSUED BY THE STATE, THECONTRACTOR MUST FURNISH TO THE STATE, CERTIFICATE(S) OF INSURANCE VERIFYING INSURANCE COVERAGE. THECERTIFICATE MUST BE ON THE STANDARD "ACCORD" FORM. THE CONTRACT OR PURCHASE ORDER NUMBER MUST BESHOWN ON THE CERTIFICATE OF INSURANCE TO ASSURE CORRECT FILING. All such Certificate(s) are to be preparedand submitted by the Insurance Provider and not by the Contractor. All such Certificate(s) shall contain aprovision indicating that coverages afforded under the policies WILL NOT BE CANCELLED OR MATERIALLY CHANGEDwithout THIRTY (30) days prior written notice having been given to the State. Such NOTICE must include theCONTRACT NUMBER affected. 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. All insurancecoverage provided relative to this Contract/Purchase Order is PRIMARY to any comparable liability insurance(including self-insurances) carried by the State.If a motor vehicle is used to provide services or products under this Contract, the Contractor must havevehicle liability insurance for bodily injury and property damage as required by law.Worker's disability compensation, disability benefit or other similar employee benefit act with minimumstatutory limits.NOTE: (1) If coverage is provided by a State fund or if Contractor has qualified as a self-insurer,separate certification must be furnished that coverage is in the state fund or that Contractor has approval to be aself-insurer; (2) Any citing of a policy of insurance must include a listing of the States where that policy'scoverage is applicable; and (3) Any policy of insurance must contain a provision or endorsement providing thatthe insurers' rights of subrogation are waived. This provision shall not be applicable where prohibited or limitedby the laws of the jurisdiction in which the work is to be performed.Employers' liability insurance with the following minimum limits:$100,000 each accident$100,000 each employee by disease$500,000 aggregate disease. The method of Contractor Selection has not been Determined at this time.