Cross Connection Control Program Services

Page 1 of 13 CITY OF BERKLEY, MICHIGAN CROSS CONNECTION CONTROL PROGRAM REQUEST FOR PROPOSAL The City is accepting bids for Cross Connection Control Program Services from a qualified and licensed Vendor. Official bids must be submitted electronically via BidNet/Michigan Inter- governmental Trade Network (MITN). Hard copy bids will not be accepted by the City. To register, go to the BidNet website: www.bidnetdirect.com. Responses are due by 3 PM on March 7th, 2024. Bid specifications may be downloaded from BidNet/MITN or the City’s website at www.berkleymich.org. No Bidder may withdraw a proposal between the date set for the opening thereof and forty-five (45) calendar days after the bid opening. NOTE: The City of Berkley reserves the right to reject any and all proposals received as a result of this request for proposal. The City reserves

the right to re-bid this service if deemed necessary. The right is further reserved to accept a bid higher than the low bid, when in the opinion of the City, the public interest will be better served. The City of Berkley does not discriminate in its employment or any other programs or activities based on sex, race, color, age, height, weight, marital status, national origin, religion, arrest record, or disability. Matthew Baumgarten City Manager Berkley, Michigan 48072 Page 2 of 13 CITY OF BERKLEY, MICHIGAN CROSS CONNECTION CONTROL PROGRAM REQUEST FOR PROPOSAL INTRODUCTION The City is accepting bids for Cross Connection Control Program Services from a qualified and licensed Vendor. This turnkey service includes establishing procedures for inspecting, reporting and maintaining drinking water systems in compliance with State of Michigan Public Act 399, Part 14. Sealed bids must be submitted electronically via BidNet/Michigan Inter-governmental Trade Network (MITN). Responses are due by 3 PM March 7th, 2024. To register, go to the BidNet website: www.bidnetdirect.com. Bid specifications may be downloaded from MITN or the City’s website at www.berkleymich.org. All proposals must be submitted on the forms furnished. Each Bidder is responsible for fully acquainting themselves with the RFP specifications and the existing conditions in Berkley. For transparency purposes, no oral interpretations will be given to any Bidder as to the meaning of the specification documents or any part thereof. Every request for such a consideration shall be made in writing. Based upon such inquiry, the City of Berkley may choose to issue an Addendum. Failure or omission of any Bidder to examine any form, instrument, or other document, shall in no way relieve them from any obligation with respect to their bid or to the contract, or entitle them to additional compensation. Questions regarding this bid should be directed to Shawn Young, Director of Public Works, at syoung@berkleymich.net. No phone call responses to questions will be provided. BACKGROUND The City of Berkley is a residential community located in southeast Oakland County, Michigan with a population of approximately 15,000. The 2.6 square mile community also includes a downtown area filled with independent retailers and restaurants. There are approximately 6,800 water customers in the City of which about 6,400 are single-family residential. The remaining 400 customers are a combination of commercial, school and apartment accounts. General information regarding the City of Berkley is available at www.berkleymich.org. Page 3 of 13 GOALS Berkley and the Southeastern Oakland County Water Authority (SOCWA) are committed to providing safe water to all residents and businesses. As required under the Michigan Department of Environment, Great Lakes and Energy (EGLE) Public Act 399, the City shall maintain a Cross Connection Control Program to insure a safe public water supply. It is the City’s responsibility to protect its water system from cross connections through a regular program of education, inspections and testing. The City is seeking the services of an experienced, qualified and licensed Vendor to provide a turnkey Cross Connection Control Program. INSURANCE The Vendor shall comply with the requirements of the Michigan Workmen's Compensation Law, and shall maintain Commercial General Liability insurance, as specified below. Proof of insurance coverage shall be provided to the City Clerk prior to commencing work on an ACORD Form. All required insurance shall name as additional insured the City of Berkley, including all elected and appointed officials, employees and volunteers. Such insurance shall include an endorsement that 30 days advance written notice of cancellation or non-renewal of, or material change in, any such insurance shall be provided to the City. The Vendor shall secure and maintain, during the life of this contract, Worker’s Compensation Insurance as required by Michigan State Law, for all employees performing work under this contract. The Vendor shall secure and maintain, during the life of this contract, Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable; (F) Per contract aggregate. The Vendor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including all applicable no-fault coverage’s, with limits of liability not less than $500,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. The Vendor shall secure and shall maintain during the life of this contract, Owner’s and Contractor’s Protective Public Liability and Property Damage Insurance in the name of the City of Berkley, in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and subject to the same limit for each person, in an amount not less than $1,000,000 on account of each accident and property damage in an amount not less than $200,000 each accident and $200,000 aggregate. TERM The contract period shall be three (3) years from date of award by City Council. Bid prices submitted must remain firm during the contract period. Page 4 of 13 The contract may be extended for one (1) additional three (3) year period with a reasonable adjustment in price being considered and negotiated during the renewal process. Contract renewal would be subject to City Council Approval. The City reserves the right to terminate this contract upon thirty (30) days written notice to the Vendor. SUBCONTRACTORS Subcontractors are not allowed without prior written consent from the City. Any subcontractor, if approved, shall be bound by the terms and conditions of this contract. PUBLIC INTERACTION All Vendor employees are expected to interact and respond to the public in a respectable and courteous manner and shall not engage in any form of confrontation. WORKMANSHIP & SAFETY Only personnel trained and experienced in the various aspects of applicable operations shall perform said services. In addition, Vendor shall comply with all Federal, State and local laws and regulations governing the furnishing and use of all safeguards, safety devices, and protective equipment. Vendor shall also take responsibility to protect the life and health of employees on the job and protect public/private property during the performance of the agreement. DAMAGES Vendor guarantees that reimbursement, repair or replacement, and restoration of any public or private property damaged by careless or accidental use of materials and/or machinery in the performance of the contract will be made to the satisfaction of the City at no additional charge. CONFLICT OF INTEREST Vendor shall not provide backflow prevention assembly testing, installation or repair services within the City nor be engaged/affiliated in backflow prevention assembly testing/repair business. CITY RESPONSIBILITIES City of Berkley will supply an electronic version of letterhead and logo to the Vendor for use on written correspondence. City will also provide the Vendor with a water account listing and appropriate staff contact information. INVOICING AND PAYMENT TERMS Vendor shall invoice the City at a monthly fixed rate and prices must remain firm during the contract period. Payment to the Contractor will generally be made within 30 days of invoice approval. STORAGE OF EQUIPMENT AND SUPPLIES Page 5 of 13 The City will not provide storage facilities for the Vendor. CONFORMITY TO SPECIFICATIONS Proposals must be made in full conformity to all conditions as set forth in the specifications. RIGHT TO ACCEPT, REJECT AND WAIVE DEFECTS The City reserves the right to accept any proposal, to reject any and all proposals, and to waive any defect or irregularity in any proposal if it is deemed to be advantageous to the City to do so. In particular, any alteration, erasure, or interlineation in the specifications which are made a part, specifically of the instructions or of the form of proposal, shall render the accompanying proposal irregular and subject to rejection by the City. In case any explanation, additions or alterations are to be offered, they shall be indicated on separate sheets attached to the proposal and referred to therein. No bid proposal will be accepted by the City of Berkley, with any product substitutions, unless a full explanation of those substitutions have been submitted to the City of Berkley, for the City’s review and approval. LEGAL CONDITIONS The Vendor agrees to abide by all Federal, State, County and Local laws and regulations. PROPOSAL CONTENT REQUIREMENTS The following information and forms must be contained in the RFP response: 1. The Authorized Representative (or the primary contact person) must be clearly identified for business purposes. The name, title, mailing address, phone number and email address for this individual must be provided. 2. Signature of the employee or agent authorized to bind the company contractually. 3. A listing of personnel who will be responsible for the performance of the contract. 4. A final, “fixed price” bid using the Basis of Award forms (attached). In addition, the RFP response must include the following forms as found at www.berkleymich.org/bids: 1. Conflict of Interest Disclosure Form 2. Contractor/Vendor References 3. Hold Harmless and Indemnity Form 4. Iran Business Relationship Affidavit Page 6 of 13 5. Non-Collusive Affidavit 6. Non-Discrimination Affidavit EXTRAS Except as otherwise herein provided, no charge for extra work or materials will be allowed unless the same has been ordered in writing by the City and the price stated in such order. COMPLIANCE WITH REGULATIONS The Bidder shall comply with the Regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation, Title 49, code of Federal Regulations, Part 21 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. NON-DISCRIMINATION The Bidder shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Bidder shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulation, including employment practices when the Bidder covers a program set forth in Appendix B of the Regulations. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT In all solicitations either by competitive bidding or negotiation made by the Bidder for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Bidder of their obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. INFORMATION AND REPORTS The Bidder shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City of Berkley to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Bidder is in the exclusive possession of another who fails or refuses to furnish this information, the Bidder shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. SANCTIONS FOR NON-COMPLIANCE In the event of the Bidders non-compliance with the non-discrimination provisions of this contract, the City of Berkley shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments under the contract until the Bidder complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. Page 7 of 13 INCORPORATION OF PROVISIONS The Bidder shall include the provisions outlined above in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Bidder shall take such action with respect to any subcontract or procurement as the City of Berkley may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a Bidder becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Bidder may request the City of Berkley to enter into such litigation to protect the interests of the City, and, in addition, the Bidder may request the State Highway Department to enter into such litigation to protect the interests of the State and/or the United States to enter into such litigation to protect the interests of the United States. DETAILED SPECIFICATIONS The City is accepting sealed bids for Cross Connection Control Program Services from a qualified and licensed Vendor. This turnkey service includes establishing procedures for inspecting, reporting and maintaining drinking water systems in compliance with State of Michigan Public Act 399, Part 14. The following work items are included in the project scope: 1. Provide complete cross connection control inspections, program and data management including: A. Annually, complete approximately 100 commercial/school/apartment cross connection control inspections, compliance inspections and re-inspections of facilities within the City using the containment and isolation review approach as supported by EGLE Water Bureau. Unless otherwise specified, all inspections will be of the entire potable water system. Inspectors will survey all exposed piping and/or use the point-of-use inventory method of inspection. Also complete approximately 150 single-family residential lawn irrigation inspections per year based on known sprinkler systems (exterior access only). B. Coordinate and notify customers of cross connection control inspections and/or re- inspections in writing. C. All testable & non-testable backflow prevention devices, program requirements and relevant code violations will be documented during an on-site inspection. D. All existing backflow prevention devices, (i.e. testable & non-testable) must be inspected, inventoried and documented. E. Generate all program notifications for users failing initial inspections and/or re- inspections informing them of installation requirements and/or testing requirements. F. Perform re-inspection for each non-compliant location upon notification of completion of compliance requirements. All compliance inspections will be scheduled and completed as required. Page 8 of 13 G. Provide full-time phone support for customer service questions by an ASSE-Series 5000 (or equivalent) trained individual. Phone will be staffed during normal business hours Monday through Friday. An automatic message service will be provided for after hour calls. H. Coordinate and manage the testing of all backflow prevention assemblies in accordance with EGLE requirements. Services to include testing notification, requirements, receipt of executed test report, and maintenance of all testing data. All testing results will be maintained for a period of 7 years. I. Submit comprehensive management reports to the City on a secure website. Status reports will be available on-line and include the number of inspections completed, notices sent, tests overdue, inspections overdue, a listing of inspections and re- inspections scheduled for the upcoming period, upcoming notifications, a list of facilities in, or not in, compliance. J. Provide a comprehensive annual report that includes a program summary, copy of the annual EGLE report, a detailed listing of all inspection locations, and individual listing of those facilities in, or not in, compliance, inspections completed, sites never inspected, and notifications sent. K. Provide progress review meetings with the City’s designated representative to discuss program status and specific recommendations as requested. L. Provide a minimum of one (1) onsite EGLE Approved Operator Training class annually providing continuing education credits for licensed water operators employed by the City. M. The inspector will check-in/out with the City contact person on a daily basis or as requested during the inspection period. The check in will include a list of inspections scheduled for the day. The check out will include a verbal summary and the number of inspections completed for the day. N. All expenses related to “time and travel” for completion of job scope is to be included in request for proposal. O. Vendor will help to coordinate and provide a minimum of one (1) Public Informational Meeting and one Backflow Prevention Assembly Tester Meeting on an annual basis to explain the City Cross connection Control Program and provide procedures/certification requirements to Testers. P. Vendor to produce and deliver up to 1,000 educational cross connection control brochures annually. Brochure shall be approved by the City prior to distribution and must be delivered within the first three (3) months of the contract award. Q. Vendor will assist the City with a community wide public relations/education program including local press releases, public access television announcements and customized web site cross connection control program overview content and resources. 2. Provide and/or Review a Cross connection Control Plan specific to the City as required by EGLE. The plan must include code adaptation, references, program intent, standard Page 9 of 13 operational procedures, all program and notice documentation, reporting procedures (including daily, monthly & annually), backflow prevention devices including detailed installation schematics, piping identification, and preference standards. The plan must include a detailed re-inspection schedule for all facilities. The frequency for re-inspection of each facility will be influenced by the degree of hazard existing within the facility. The re-inspection frequency of each facility will be based on a 1 to 5 year time period. Vendor must work with the City and EGLE to get the plan approved. Vendor must submit plan to EGLE for approval. 3. The Vendor must use a cross connection control software package for program management. The software package must be approved by the City and able to produce at a minimum the following reports and notices: A. Standard notices and reports to include, inspection, re-inspection, testing, non- compliance and compliance notices. B. Produce management reports for notices, inventory of devices, device tests, inspection schedules, device test schedules, overdue inspections, and device test forms. C. Schedule cross connection control survey inspections and backflow prevention assembly testing notices from internal records, standard procedures, and timing as required by EGLE & approved City CCC Plan. D. Track testable and non-testable devices & backflow prevention assemblies and compliance requirements. E. Automatically access all data relevant to a particular facility or period of time. F. Generate the Annual EGLE Water Supply Cross Connection Control Report and supporting documents. G. On-line access for City to monitor and download reports and individual facility information. Reports shall be in a format which allows the City to sort and organize data. Page 10 of 13 CONTACT INFORMATION AND QUALIFICATIONS Company Name: Service Address: City: State: Zip: Telephone Number: Fax Number: Representative’s Name: Representative’s Title: Signature: Email Address: Emergency Contact Person and Phone Number: Type of Organization: Individual Partnership Corporation Other Date Organization Established: Number of Years’ Experience in this Work: Current Full Time Employees: Current Part Time Employees: Total Number of Cross Connection Inspections Completed Annually: Names of Certified Drinking Water Operators (S License) Employed by Company: Please Identify which Professional Organizations your Company is a Member of: Briefly Describe your Customer Service Philosophy and Quality Control Initiatives: Please Outline Procedures for Securing Off-site Data and Sensitive Information: Company has Visited the City of Berkley and is Familiar with the Existing Conditions?: YES NO Any Exceptions, Substitutions, Deviations, etc. from these Specifications must be stated below: CITY OF BERKLEY, MICHIGAN CROSS CONNECTION CONTROL PROGRAM BASIS OF AWARD Page 11 of 13 PRICING PROVIDE MONTHLY FLAT CHARGE AND YEARLY TOTAL BELOW (NOT-TO-EXCEED) $ COST PER MONTH X 12 MONTHS = $ ANNUAL COST The RFP response must include the submission of the following forms as found at www.berkleymich.org/bids: 1. Conflict of Interest Disclosure Form 2. Contractor/Vendor References 3. Hold Harmless and Indemnity Form 4. Iran Business Relationship Affidavit 5. Non-Collusive Affidavit 6. Non-Discrimination Affidavit CITY OF BERKLEY, MICHIGAN CROSS CONNECTION CONTROL PROGRAM BASIS OF AWARD CITY OF BERKLEY, MICHIGAN CROSS CONNECTION CONTROL PROGRAM BASIS OF AWARD Page 12 of 13 PERSONNEL Provide a list of personnel that will be responsible for performance of the contract (Berkley project team). List shall include name, title, years of experience, and relevant certifications/training classes. Attach additional sheets, if necessary. CITY OF BERKLEY, MICHIGAN CROSS CONNECTION CONTROL PROGRAM BASIS OF AWARD Page 13 of 13