2026-019B City Buildings Backflow Testing.docx

CITY OF BATTLE CREEK PURCHASING

INVITATION FOR BIDS NO. 2026-019B PAGE 13

CITY OF BATTLE CREEK

NOTICE OF INVITATION FOR BIDS

IFB#: 2026-019B

TITLE: City Buildings Backflow Testing

ISSUE DATE: September 5, 2025

BID DUE DATE: September 18, 2025, at 2:00 PM Local Time

DESCRIPTION: The City is soliciting bids for the purpose of contracting for the City's annual requirements for city buildings backflow testing. The resulting contract is anticipated for a term of up to five (5) years.

Bids must be in the actual possession of the Purchasing Department by the method indicated herein, on or prior to the exact time and date indicated above. Bids received by the correct time and date shall be opened virtually and the amount bid shall be publicly read. Late bids shall not be considered, and the online bid management system will automatically cut off at the exact due date/time. Please give yourself enough time to upload your bid.

BID SUBMITTAL:

Bids must be submitted through our secure online website by registered vendors by the date and time listed above.

Please upload ONE pdf file that includes all requested submittals, rather than several parts of the bid uploaded.

Please visit http://www.bidnetdirect.com//cityofbattlecreek to direct you to our secure bid management website where you can register as a vendor (required) and obtain this full document and upload your bid.

Email the purchasing contact listed above if the above link doesn’t work.

BID OPENING: Bids will be opened live via Zoom; the link will most likely be on the website under the IFB. Email purchasing@battlecreekmi.gov for the link to the bid opening if you would like to attend and can’t find the link.

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE INVITATION FOR BID.

1.0 INSTRUCTIONS TO BIDDERS

3. SIGNATURES: All bids, notifications, claims and statements must be signed by an individual authorized to bind the bidder.

(a.) CORPORATIONS: Signature of official shall be accompanied by a certified copy of the resolution of the Board of Directors authorizing the individual signing to bind the corporation.

(b.) PARTNERSHIPS: Signature of one partner shall be accompanied by a certified copy of the power of attorney authorizing the individual signing to bind all partners. If all partners sign bid no authorization is needed.

4. REJECTION OR WITHDRAWAL: Submission of additional terms, conditions or agreements with the bid document is grounds for deeming a bid nonresponsive and may result in bid rejection. The City reserves the right to reject any bids and to waive any informalities and minor irregularities defects in bids. Bids may be withdrawn in person by a bidder, or authorized representative, provided their identity is made known and a receipt is signed for the bid, but only if the withdrawal is made prior to the time set for receipt of bids. Bids are an irrevocable offer and may not be withdrawn within 90 days after opening date.

5. AWARD: The bid will be awarded to that responsible, responsive bidder whose bid, conforming to this solicitation, will be most advantageous to the City, price and other factors considered. Unless otherwise specified in this IFB, the City reserves the right to accept a bid in whole or in part, and to award by item or by group, whichever is deemed to be in the best interest of the City. Any bidder who is in default to the City at the time of submittal of the bid shall have their bid rejected. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non-conformity in the offer, as determined by the City, shall be deemed non-responsive and the offer rejected.

In evaluating bids, Owner shall consider the qualifications of the Bidders, and where applicable, operating costs, delivery time, maintenance requirements, performance data, and guarantees of materials and equipment. In addition, the City may conduct such investigations as Owner deems necessary to assist in the evaluation of a Bid and to establish the responsibility, qualifications and financial ability of the Bidders to fulfill the contract.

6. CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms, conditions, and specifications contained in the City's IFB. Bids do not become contracts unless and until they are executed by the City, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the contract are contained in the IFB, unless any of the terms and conditions are modified by an Addendum or a Contract Amendment.

7. BID RESULTS: A bid tabulation will be posted on the City’s website and will also be on file and available for review after contract award in the Purchasing Department.

8. CHANGES AND ADDENDA TO BID DOCUMENTS: Each change or addendum issued in relation to this bid document will be on file in the Office of the Purchasing Agent. In addition, to the extent possible, copies will be mailed to each person registered as having received a set of bid documents. It shall be the bidder's responsibility to make inquiry as to changes or addenda issued. All such changes or addenda shall become part of the contract and all bidders shall be bound by such addenda. Information on all changes or addenda issued will be available at the office of the City Purchasing Agent.

9. SPECIFICATIONS: Unless otherwise stated by the bidder, the bid will be considered as being in accordance with the City's applicable standard specifications, and any special specifications outlined in the Bid document. References to a particular trade name, manufacturer's catalogue, or model number are made for descriptive purposes to guide the bidder in interpreting the requirements of the City, and should not be construed as excluding bids. However, the City does reserve the right to specify a sole brand, with no brand substitutions allowed. The bidder, if awarded a contract, will be required to furnish the particular item referred to in the specifications or description unless departure or substitution is clearly noted and described in the bid and allowed by the IFB. The City reserves the right to determine if equipment/product being bid is an acceptable alternate. All goods shall be new unless otherwise so stated in the bid. Any unsolicited alternate bid, or any changes, insertions, or omissions to the terms and conditions, specifications, or any other requirements of this bid, may be considered non-responsive. The City reserves the right to disregard any conflicting terms and conditions submitted by the contractor and hold the contractor to the submitted bid price. Contractors are strongly encouraged to not submit anything with their bid that is not specifically requested in this solicitation.

10. DELIVERY: Bids shall include all charges for delivery, packing, crating, containers, etc. Prices bid will be considered as being based on F.O.B. Delivered, freight included.

11. INTERPRETATION OF BID AND/OR CONTRACT DOCUMENTS: All inquiries shall be made within a reasonable time prior to the date and time fixed for the bid opening in order that a written response in the form of an addendum, if required, can be processed before the bids are opened. (Inquiries received that are not made in a timely fashion may or may not be considered).

12. CURRENCY: Prices calculated by the bidder shall be stated in U.S. dollars.

13. PRICING: Prices shall be stated in units of quantity specified in the Bid Document. In case of discrepancy in computing the amount of the bid, the unit price bid will govern.

14. NOTICE TO PROCEED/PURCHASE ORDER: The successful bidder may not commence work under this contract until authorized to do so by the Purchasing Agent.

"CONTRACTOR" - The bidder whose proposal is accepted by the City.

2.0 GENERAL TERMS AND CONDITIONS

2.1 MATERIALS AND WORKMANSHIP: Unless otherwise specified, all materials and workmanship shall be new and of the best grade of their respective kinds for the purpose.

2.2 NON-DISCRIMINATION CLAUSE: The bidder agrees not to discriminate against any employee or applicant for employment, to be employed in the performance of such contract with respect to hire tenure, terms, conditions or privileges, of employment, or any matter directly or indirectly related to employment because of his or her actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of the contract as provided for in Act 220 and Act 453 of the Public Acts of 1976, as amended, entitled "Michigan Handicapper's Civil Rights Act" and/or the "Michigan Elliott Larson Civil Rights Act" and/or City of Battle Creek Chapter 214 "Discrimination Prohibited" Ordinance. The bidder further agrees to require similar provisions from any subcontractors, or suppliers. The bidder agrees to comply with the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor regulations (41 CFR, Chapter 60).

2.3 ASSIGNMENT OF CONTRACT: The contractor shall assign no right or interest in this contract in whole or in part and no delegation of any duty of Contractor shall be made without prior written permission of the City.

2.4 INDEMNIFICATION: The contractor shall protect, defend, and save the City, its officials, employees, departments and agents harmless from and against any claims, demands, suits, actions, or proceedings of any kind or nature, in any way resulting from negligent acts or omissions of the contractor or any of its agents, employees, boards, commissions, divisions, departments, or authorities in performing obligations under this agreement. Each party to this agreement agrees that any bond or insurance protection required by this agreement shall limit the terms of this indemnification provision. In case of any action brought against the City by reason of any such claim, suit, action or demand, upon prompt notice from the City, contractor covenants to defend such action or proceeding by counsel that is reasonably satisfactory to the City.

2.5 CONTRACT: The contract shall contain the entire agreement between the City and the Contractor relating to this requirement and shall prevail over any previous contracts, proposals, negotiations, or master agreements in any form. By signing the Offer to Contract, it is agreed that the RFP in its entirety and all enclosed forms are fully incorporated herein as a material part of the contract. In case of conflicts, the most recent document will prevail.

2.6 PROVISIONS REQUIRED BY LAW: Each provision required by law to be in the contract shall be enforced as though it were included herein, and if any such provision is not inserted, the contract shall be amended to make such insertion or correction.

2.7 RELATIONSHIP OF PARTIES: It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose. Taxes or social security payments shall not be withheld from a City payment issued hereunder; Contractor should make arrangements to directly pay such expenses, if any.

2.8 RIGHTS AND REMEDIES: No provision in this contract shall be construed as a waiver by either party of any existing or future right or remedy available by law in the event of any claim, default, or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract or by law, shall not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.

2.9 ADVERTISING: Contractor shall not advertise, issue a press release or otherwise publish information concerning this RFP or contract without prior written consent of the City. The City shall not unreasonably withhold permission.

2.10 APPLICABLE REGULATIONS/POLICIES: The Revised Code of the State of Michigan, the Charter of the City of Battle Creek, all City Ordinances, Rules and Regulations and Policies shall apply. It shall be the responsibility of the Proposer to be familiar and comply with said regulations/policies.

2.11 ROYALTIES, PATENTS, COPYRIGHTS, NOTICES AND FEES: Contractor shall give all notices and pay all royalties and fees. Contractor shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof. Contractor shall comply with all laws, ordinances and codes applicable to any portion of the work. All services, information, computer program elements, reports, and other deliverables that are created under this Agreement shall be the property of the City. The Contractor shall place no restrictions on the City with regard to the distribution of any of these materials; the City shall have full, unrestricted rights to make and distribute unlimited copies of any services, information, computer programs/elements, reports, or any other deliverable. Patents for any item created under this contract shall be assigned to the City.

2.12 SUBCONTRACTORS: No subcontract shall be made by the contractor with any other party for furnishing any of the services herein contracted for without the advance written approval of the City. All subcontractors shall comply with Federal and State laws and regulations that are applicable to the services covered by the subcontractor and shall include all the terms and conditions set forth herein, which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. Contractor is responsible for contract performance whether or not subcontractors are used.

2.13 OTHER FEDERAL COMPLIANCE: Where applicable, contractor shall comply with: Copeland Anti-kickback Act (18 U.S.C. 874); Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 USC 40 USC 3701-3708); Section 306 of the Clean Air Act (42 USC 7602, Air Pollution Prevention and Control); Section 508 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738, and EPA regulations (40 CFR, Part 15); and the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

SPECIAL TERMS AND CONDITIONS

1. PAYMENT: Payment shall be made monthly, or at the end of each project, within 30 days of the submittal of a correct invoice for goods received or work performed. If applicable and specified in this contract, expenses shall be billed at cost without markup, and must be supported by actual receipts. Mileage and per diem rates, if applicable, shall not exceed the federal rates.

2. TERM AND RENEWAL: The term of the contract shall commence on the first of the month following award, unless otherwise identified herein or a different date is required. The contract shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The contractor agrees that the City shall have the right, upon mutual consent, to renew the contract for up to four (4) additional one-year periods. In the event that the City exercises such right, all terms, conditions and provisions of the original contract shall remain the same and apply during the renewal period.

3. PRICE ADJUSTMENT: The Purchasing Department may review a fully documented request for a price increase only after the contract has been in effect for one (1) year. A price increase adjustment shall only be considered at the time of a contract renewal and shall be a factor in the renewal review process. The City shall determine whether the requested price increase or an alternate option is in the best interest of the City.

4. QUANTITIES: Because this is an annual requirements contract, the City reserves the right to increase or decrease the estimated quantity as best fits its needs, and the City does not guarantee maximums or minimums. The City also reserves the right to spot-bid unusually large one-time quantities or to buy outside of this contract if extenuating circumstances exist.

5. CONTRACTOR'S INSURANCE:

a. The Contractor shall at the time of execution of this contract, file with the City the Certificate of Insurance, which shall cover all of the insurance as required herein, including evidence of payment of premiums thereon, and the policy or policies or insurance covering said City and their officers, agents and employees. Each such policy and certificate shall be satisfactory to the City. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from all operations under this Contract.

b. The contractor shall maintain insurances in force at all times during the term of this agreement at the minimum amounts and types as indicated. Sole proprietors are not required to carry Workers’ Compensation insurance.

The City of Battle Creek shall be listed as an additional insured on general liability coverage, and shall be provided with a Certificate of Insurance that reflects this additional insured status. A 30-day notice of cancellation or material change shall be provided to the City and so noted on the Certificate of Insurance. All certificates and notices shall be sent to City of Battle Creek, P.O. Box 1717, Battle Creek, Michigan 49016.

6. VENDOR EVALUATION: Experience with the City shall be taken into consideration when evaluating responsibility of the vendor.

7. CANCELLATION: The City reserves the right to cancel the whole or any part of this contract due to failure by the contractor to carry out any material obligation, term, or condition of the contract. The City shall issue written notice to the contractor for any of the following circumstances:

Upon receipt of the written notice of concern, the contractor shall have ten calendar days to provide a satisfactory response to the City. Failure on the part of the contractor to adequately address all issues of concern may result in the City resorting to any single or combination of the following remedies.

1. Cancel any contract:

The City intends to maintain a budget to cover all expenses related to this contract; however, the City may cancel this contract if funds are no longer available. In such case, the City shall provide the Contractor with a 60-day written notice of cancellation. The City will pay for all authorized completed work or received goods.

8. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time for any reason by giving at least 30 days’ notice in writing to Contractor. If the contract is terminated by the City as provided herein, the Contractor will be paid a fair payment as negotiated with the City for the work completed as of the date of termination.

9. VENUE: Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement or the transactions it contemplates shall bring the legal action or proceeding:

(i) in the United States District Court for the Western District of Michigan; or

(ii) in any court of the State of Michigan sitting in Calhoun County, if there is no federal subject matter jurisdiction.

10. GOVERNING LAW: This agreement shall be enforced under the laws of the State of Michigan. Contractor must comply with all applicable federal, state, county, and City laws, ordinances, and regulations. Contractor shall ensure payment of all taxes, licenses, permits, and other expenses of any nature associated with the provision of services herein. Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor.

SCOPE OF WORK

Scope of Work: Municipal Buildings Backflow Preventer Testing

1. Purpose The City of Battle Creek is seeking qualified contractors to perform annual backflow preventer testing services at various municipal facilities. The goal is to ensure compliance with state and local regulations regarding potable water system protection.

2. Term of Contract This solicitation is for annual testing services to be performed at all designated municipal sites. See Attachment B: City Buildings Backflow Testing List.xls

3. Locations Testing will be required at multiple city-owned facilities, including but not limited to:

· City Hall

· Police Department

· Fire Stations

· Water Treatment Plant

· Wastewater Treatment Plant

· Airport Facilities

· Parks and Recreation Buildings

· Public Works Facilities

4. Scope of Services The contractor shall:

· Perform annual testing of all backflow prevention devices in accordance with Michigan Department of Environment, Great Lakes, and Energy (EGLE) regulations and local ordinances.

· Submit test results to the City and appropriate regulatory agencies.

· Provide documentation of each device’s condition and any recommended repairs or replacements.

· Tag each device with the date of testing and technician’s initials.

· Ensure all technicians are certified in backflow testing and comply with applicable licensing requirements.

· Work to be scheduled May through October for outdoor devices, or while irrigations systems are in service. Device testing cannot be done once they are winterized.

· Repairs are not included in the contract and must be quoted separately.

· Coordinate scheduling with facility managers to minimize disruption.

· All testing for devices shall be scheduled at minimum of 24 hours in advance with the City facility site contact. If location is not accessible or testing cannot be completed on scheduled devises during pre-scheduled time the Contractor may request a fee.

5. Reporting Requirements

· Upload a comprehensive report to a database the City designates within 10 business days of testing completion.

· Include device ID, location, test results, and any corrective actions taken or recommended. Note: Repairs are not included in the contract and must be quoted separately.

6. Compliance All work must comply with:

· Michigan Plumbing Code

· EGLE Cross Connection Control Program

· City of Battle Creek ordinances and policies

7. Contractor Qualifications (minimum requirements)

· Contractor shall be licensed and certified to perform backflow testing in Michigan.

· Minimum of three years of experience in municipal or commercial backflow testing.

· Provide references from at least three similar contracts.

PRICE SHEET

A. Per-device Backflow Testing 66 X $________ /ea.= $____________

B. Not accessible device or unable to test 5 X $________ /ea.= $____________

Total Sum (A+B) $_______________

DO NOT MODIFY THE PRICING FORMAT! If you believe there is an error, contact npvos@battlecreekmi.gov before submitting a bid. Changes may only be made by the City, via addendum prior to bid opening.

Not Used to Determine Low Bid:

Hourly Rate for Overtime (evenings, weekends, holidays) $________________/hr

TO SUBMIT YOUR BID: UPLOAD ALL DOCUMENTS: Pages #9, 10 & 11, COMPLETED AND SIGNED

· Provide the licensing and certification to perform backflow testing in Michigan with your bid.

· Provide the number of years your company has been established and providing municipal or commercial backflow testing ______________________.

· Provide thee (3) references of similar and recent jobs in scope, include organization, job description, contract name, email and phone number:

1)

2)

3)

Prices shall be all-inclusive to include, but not limited to, the following: shipping, travel, time, materials, overhead, etc. Fuel surcharges are not permitted on invoices. This constitutes a contract violation and could result in cancellation.

Bidders must submit bids with no conflicting terms and conditions and no modifications to the price page.

If bidders believe the price page needs modification (such as the unit of measure, for example), immediately call the buyer listed on the front page of this IFB. Changes may only be made before bidding and via authorized addendum issued by the City.

The City reserves the right to award to other than lowest bidder if the minimum requirements are not met.

OFFER TO CONTRACT:

TO THE CITY OF BATTLE CREEK:

We hereby offer and agree to furnish the materials, transportation or service in compliance with all terms, conditions, specifications, and amendments in the Invitation for Bid and any written exceptions in the offer. We understand that the items in this Invitation to Bid, including, but not limited to, all required certificates are fully incorporated herein as a material and necessary part of the contract.

The undersigned hereby states, under penalty of perjury, that all information provided is true, accurate, and complete and states that he/she has authority to submit this bid, which will result in a binding contract if accepted by the City of Battle Creek.

We acknowledge receipt of the following addendum(s): _____, _____, _____, _____.

I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder, and that our firm is not debarred from doing business under the Federal Excluded Parties List System (epls.gov).

I, the Contractor or Contractor’s legally authorized signer, further certify compliance with the City of Battle Creek Ordinance Chapter 214, Discrimination Prohibited. I further acknowledge and agree that the Contractor's violation of Chapter 214 shall be a material breach of this contract. In addition, Contractor acknowledges and agrees that it shall be liable for any costs or expenses incurred by the City in obtaining from other sources, the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the City under the contract as a result of a material breach in the Contract for violations of Chapter 214.

For clarification of this offer, contact:

Company Name

Name:

Address

Fax:

Signature of Person Authorized to Sign

Email:

Printed Name

Title

ACCEPTANCE OF OFFER:

The Offer is hereby accepted. Contract Term: ___________________

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the Invitation for Bid, including all terms, conditions, specification, amendments, etc. and the Contractor's Offer as accepted by the City.

This contract shall henceforth be referred to as Contract No. 2026-019B . The Contractor has been cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order and/or a notice to proceed from the City of Battle Creek Purchasing Agent.

COUNTERSIGNED AND EXECUTED:

City Manager Date

APPROVED AS TO FORM BY:

City Attorney Date

ATTACHMENT A - DISADVANTAGED BUSINESS (DBE) FORM

I. YOUR FIRM’S BACKGROUND:

Is your firm an MBE (at least 51% minority ownership)? _____YES _____NO

Is your firm a WBE (at least 51% woman ownership)? _____YES _____NO

Are you subcontracting any part of this project? _____YES _____NO

II. SUBCONTRACTING INFORMATION: If subcontracting any part of the project, the bidder/contractor expressly agrees that:

(3) The Bidder represents that the subcontractors listed below are financially responsible and are qualified to do the work required.

ATTACHMENT B – City Buildings Backflow Testing List

Please visit http://battlecreekmi.gov/230/Bid-Proposal-Solicitations and click on Bid & Proposal Solicitations. This will redirect you to our secure BidNet website where you can register as a vendor (required) and obtain this full document and upload your bid.

The File Name is: 2026-019B City Buildings Backflow Testing List. xls

You may also email purchasing@battlecreekmi.gov for the link or with questions.

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