25-2580 - Water Cost of Service, Connection Fee, and Water Rate Study.pdf

DEPARTMENT OF FINANCE & MANAGEMENT- PROCUREMENT • 1903 Marquette Ave, Suite A106 • Muskegon, MI 49442

(231) 724-6117 • bids@muskegoncounty.net • www.co.muskegon.mi.us

The Muskegon County Board of Commissioners invites your proposal for Water Cost of Service, Connection Fee, and Water Rate Study for the Muskegon County Public Works Department. A set of conditions and specifications/requirements are enclosed.

The time of receipt shall be determined by the time clock stamp in the electronic Bidnet system.

Respondents are responsible for ensuring that their proposal response is submitted by the deadline indicated.

No late proposal responses will be accepted.

Sincerely, Angela Gasiewski

Angela Gasiewski, CPA Finance Director

Requesting Agency Public Works

Solicitation Type Request for Proposals

Description To provide a cost of service and rate study, and a long-term financial plan for the Northside and Eastside Water Systems.

Date of Issuance

Deadline for Questions Tuesday, April 29, 2025 at 2:00 PM

Response to Questions Friday, May 2, 2025

Proposal Deadline

Zoom Link for Bid Opening Event Click here for Link Code: 2580

BOARD OF

COMMISSIONERS

Charles Nash

Chair, District 5

Jessica Cook Vice Chair, District 6

Kim Cyr

District 1

Brett Herman District 2

Michelle Hazekamp

District 3

Chris McGuigan District 4

Darrell L. Paige

District 7

Tuesday, May 13, 2025 at 2:00 PM

Wednesday, April 16, 2025

Water Cost of Service, Connection Fee, and Water Rate Study

REQUEST FOR PROPOSAL

25-2580

Wednesday, April 16, 2025 https://us06web.zoom.us/j/84833894951?pwd=39ZDSeb1RDD1VmEmPcj44YvaqzB3oB.1

TABLE OF CONTENTS

Contents

TABLE OF CONTENTS

PROPOSAL PACKET CHECKLIST

PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT

MINORITY VENDOR CERTIFICATIONS

CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS

NON-DISCRIMINATION STATEMENT

NO PROPOSAL RESPONSE FORM

ADDENDA SUMMARY

REFERENCES/WORK EXPERIENCE

PROPOSAL SUMMARY

PROPOSAL SPECIFICATIONS

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

INSURANCE REQUIREMENTS

PROPOSAL PACKET CHECKLIST

This Proposal Packet Checklist is being provided as an aid to you in preparing your proposal response. However, the requirements of the Proposal Specifications supersede the Proposal Packet Checklist. It is the Respondent’s responsibility to review the Proposal Specifications in their entirety and submit all required items with their proposal response.

Please complete the required/requested forms below and check them off this list as you complete them. Return the completed forms to the Muskegon County Procurement Office with your proposal response.

Complete Not

Applicable

Proposal Invitation Cover Letter

Proposal Certification/Non-Collusion Affidavit &

Minority Supplier Certification

Proposal Summary, Proposed Rates and Detailed Budget:

Must be in separate sealed Envelope.

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

Proposal Technical Response: Do Not include pricing.

References / Work Experience

Debarment, Suspension and other Responsibility Matters

Non-Discrimination Statement

No Proposal Response Form https://www.bidnetdirect.com/mitn/muskegon-county

PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, equipment, or service, that it meets or exceeds all specifications contained herein, and is in all respects fair and without collusion or fraud. The Respondent’s signature declares under penalty of perjury of the laws of the United States that the Responder submitting this proposal, its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal for the above project. I agree to abide by all conditions of this proposal and certify that I am authorized to sign for the Responder.

Proposal Number: 25-2580 Water Cost of Service, Connection Fee, and Water Rate Study

Responder: _________________________________________

Responder Address: _________________________________________

Phone Number: _________________________________________

Fax Number: _________________________________________

Signature: _________________________________________

Name Printed: _________________________________________

Title: _________________________________________

Date Signed: _________________________________________

E-Mail: _________________________________________

Website: _________________________________________

MINORITY VENDOR CERTIFICATIONS

Please check all that apply:

The Responder represents that it IS IS NOT a woman or women-owned business.

The Responder represents that it IS IS NOT a minority-owned business.

The Responder represents that it IS IS NOT a disadvantaged business enterprise.

The Responder represents and warrants that the company meets the above and can provide supportive documentation upon request. Any lines left unchecked will be considered as if the “IS NOT” box has been checked.

Authorized Agent Signature Date

Authorized Agent Printed Name

COUNTY OF MUSKEGON

CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in transactions under federal non-procurement programs by any federal department or agency.

2. Have not, within the three-year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default, have ever been on the Prevailing Wage Violator’s Registry or are currently being investigated under current name or any DBA’s, corporate names, subsidiaries or other business entities under which you have operated in the last three years; and

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three-year period preceding the bid, been convicted or had a civil judgment rendered against it.

A. For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction.

B. For the violation of federal or state antitrust statutes, including that proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging, or

C. For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. § 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name/Title of Authorized Representative Name of Participant Agency or Firm

Signature of Authorized Representative Date

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

NON-DISCRIMINATION STATEMENT

Responder Name:

Project Name: Water Cost of Service, Connection Fee, and Water Rate Study

Project #: 25-2580

The Respondent’s signature indicates that respondent agrees that no individual shall, on the grounds of race, creed, age, color, national origin or ancestry, religion, sex, marital status or handicap be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this respondent.

Respondent further agrees that every subcontract entered into for the performance of this contract will contain a provision prohibiting discrimination against minority, women and handicapper owned businesses in subcontracting, and making discrimination a material breach of contract.

Authorized Signature Date

Note: Failure to submit the signed statement as part of the proposal will be cause for rejection of the proposal.

NO PROPOSAL RESPONSE FORM

Muskegon County Procurement Office 1903 Marquette, Suite A106 Muskegon, MI 49442 bids@muskegoncounty.net Fax (231) 724-3337

We would appreciate you completing this form if you do not intend to respond to this request.

Proposal: 25-2580 Name: Water Cost of Service, Connection Fee, and Water Rate Study

Response

1. Specifications are too tight, i.e., geared toward one (1) brand or manufacturer only

(explain below). __________

2. Specifications are unclear (explain below). __________

3. We are unable to meet specifications. __________

4. Insufficient time to respond. __________

5. Our schedule would not permit us to perform within the required time. __________

6. We are unable to meet bond requirements. __________

7. We are unable to meet insurance requirements. __________

8. We do not offer this product or service. __________

9. Other (explain below). __________

REMARKS:

Company Name: ______________________________________________________________________

Signature: _________________________________ Printed Name: _____________________________

Title: _____________________________________ Date: ____________________________________ mailto:bids@muskegoncounty.net

ADDENDA SUMMARY

If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards to 25-2580 they will be posted to https://www.bidnetdirect.com/mitn/muskegon-county. The County is not bound by any oral representations, clarifications, or changes made in the RFP by the County or its agents, unless such clarifications or change is provided in written addendum from the County of Muskegon Procurement Office.

Please initial below acknowledging receipt of any addenda (give number and date of each). If none were received, please indicate this as well.

Addendum Number Addendum Date Initials

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

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

REFERENCES/WORK EXPERIENCE

Do not include County of Muskegon personnel. The Responder must furnish at least three (3) references from persons who can attest to the quality of similar prior work performed:

1. Company Name: __________________________________________________

Street Address: __________________________________________________

City/State/Zip Code: __________________________________________________

Contact Person: __________________________________________________

Telephone No.: __________________________________________________

Email Address: __________________________________________________

2. Company Name: __________________________________________________

Contact Person: __________________________________________________

3. Company Name: __________________________________________________

Contact Person: __________________________________________________

PROPOSAL SUMMARY

All costs (including labor, tools, equipment, materials, shipping, handling and all other costs) must be included in the total price. The pricing information provided must be complete this includes any additional taxes, surcharges or other fees that may be passed on to the County on the invoices.

The minimum time this proposal will be in force is 90 days.

Respondents are to submit a lump sum price on the lines (spaces) provided below. Failure to complete the proposal summary as stated above shall be cause for rejection of proposal. (Remember to double-check your addition, subtraction and multiplication.)

$______________________ Lump Sum

This Proposal Summary page, as well as your detailed explanation of the pricing, must be submitted in the separate Pricing envelope in Bidnet. If submitting a physical package, a separate sealed envelope marked “RFP 25-2580 Pricing” must be used. Please refer to Proposal Conditions/Instructions to Responders for more details on how to properly submit this proposal.

Company Name: ___________________________________

Signature: ___________________________________

Printed Name: ___________________________________

PROPOSAL SPECIFICATIONS

If there are any questions regarding the following specifications, please contact the Procurement Office at the Bidnet Hub website at: https://www.bidnetdirect.com/mitn/muskegon-county

Note: The County of Muskegon reserves the right to weigh each specification as to its importance to the needs of the department.

Muskegon County Public Works Department

I. INTRODUCTION

The Muskegon County Regional Water System (System) is requesting consulting services to provide a cost of service and rate study, and a long-term financial plan for the system.

The last third-party rate study was conducted in 2017.

II. BACKGROUND

The System was established to provide water to the Townships of Muskegon, Laketon, Fruitland, and Dalton within Muskegon County. The System consists of two separate water distribution systems known as the Northside System (WSSN 4577) and the Eastside System (WSSN 4590). The System purchases water under a service agreement from the City of Muskegon and uses approximately 1.617 million gallons per day. The System is owned and operated by the County of Muskegon with management duties provided by a Water Policy Board established by a 2009 contract between the County and the aforementioned Townships titled “Amended and Restated Muskegon County Regional Water System Management Contract.”

The Northside System consists of approximately 262,126 LFt of ductile iron water main.

In addition, the Northside System has a 0.5 MG elevated storage tank, and a booster station for a high-pressure district with a firm capacity of 2.7 mgd.

The Eastside Water System consists of approximately 298,597 LFt of ductile and cast-iron water main (App: 50/50), a 0.5 MG elevated storage tank, a booster station with a firm capacity of 11.2 mgd, and metering stations.

Although the System is comprised of two separate water distribution systems, rates for operation and maintenance expenses are the same for all classes of users and customers of the System. There are 5,065 customers (meters) served by the two water systems.

III. STUDY OBJECTIVES:

The cost of service and rate study is to be performed in conformance with the following policy directives:

A. Develop a five-year financial plan and subsequent rate structure for the System that includes projected flows and expenses.

B. Evaluate the existing water rate structure for conformance with existing statutory regulation and make recommendations on any changes necessary to achieve compliance.

C. Evaluate the existing water rate structure for conformance with applicable case law (i.e. “Bolt vs. Lansing”) and make recommendations on any changes necessary to achieve compliance.

D. Evaluate the existing water rate structure for conformance with the Amended and Restated Muskegon County Regional Water System Management Contract and make recommendations on any changes necessary to achieve compliance.

E. Evaluate the System’s ready-to-serve fee structure and make recommendations to align and identify fixed operating costs to be covered by the ready-to-serve fee.

F. Evaluate the methodology for establishing a basis for connection charges and make recommendations to improve efficiency, customer understanding, and owner administration. The County currently charges connection fees based on the REU system. Consultant to review and provide detailed evaluation on alternate methods (i.e. meter equivalency ratio).

G. Evaluate the costs for future capital improvements identified in the Water Reliability Studies and include the same in the rate structure to ensure the recommended improvements are funded.

H. Recommend a fund reserve policy.

I. Recommend at least three rate structures in compliance with above items.

IV. SERVICES TO BE PROVIDED BY CONSULTANT:

A. Conduct a detailed review of the existing water rates and status of the water fund and develop a general familiarity with the System’s billing.

B. Meet and confer with staff as needed via phone, email, and teleconferencing;

attend three in-person meetings: one kick-off meeting with staff, one meeting with staff to review the preliminary study, and one meeting with the Water Policy Board to present the findings.

C. Conduct an analysis as required to address the study objectives.

D. Final report to be furnished in electronic format and 10 hard copies. Electronic formats to be provided in Word and Excel formats.

V. SERVICES TO BE PROVIDED BY THE SYSTEM:

A. Three years of financial reports (audited financial statements), consumption data, meter sizes and quantity, and other related System information.

B. Electronic copy of the 2023 Water System Reliability Studies.

C. Current rate structure.

D. Any other available information to complete the study’s objectives.

VI. PROPOSAL REQUIREMENTS:

The following information is to be submitted as part of the proposal:

A. Approach to the Project: Describe the approach to the project and any special ideas, techniques, or methodologies proposed for this project.

B. Experience: Describe the experience of the firm and of the individuals that WILL

BE ASSIGNED to this project and their experience on similar projects and education and relevant qualifications for this type of work.

C. Costs: A separate sealed envelope shall be provided containing the cost proposal for this study.

VII. PROPOSED TIMELINE:

Last Day of Questions: 04/29/2025 Answers to Questions: 05/02/2025 Proposals Due: 05/13/2025 Interviews (if needed): 05/16–19/2025 Water Policy Board recommendation: 06/04/2025 Notification of Award: 06/05/2025

Work Begins: 06/06/2025 Work Complete: 07/25/2025 Present to Water Policy Board: 08/06/2025

The evaluation of proposals will be made on the basis of the criteria below. The respondents must first be deemed responsive to be considered for evaluation. To be responsive a respondent must:

A. Fully complete all general forms contained in this solicitation.

B. Provide experience of the firm and of the individuals assigned with related projects of a similar nature.

C. Provide understanding of the scope and purpose of the Study.

D. Provide understanding of Michigan laws and case laws that affect commodity rate structures.

E. Provide understanding of accounting practices relative to commodity rate structures.

F. Provide references.

G. Provide total project costs. Proposal should include a listing of tasks and estimated working hours for each task. Proposal pricing must be included in a separate sealed envelope.

There will be no pre-proposal meeting or conference. Qualifications and proposals received by the deadline will be reviewed by staff and selected firms may be invited to meet with staff to discuss their proposal. The final selection will be the proposal which best meets the requirements set forth in this RFP and in the best interest of the System and Muskegon County.

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

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

1. Proposal Submittals

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

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

For electronic submittal, proposals may be submitted at the Bidnet site only. Proposal offers sent by other electronic devices are NOT acceptable and will be rejected upon receipt.

A. Responses submitted electronically will be submitted through the online Bidnet Portal at: https://www.bidnetdirect.com/mitn/muskegon-county. Electronic submissions by other methods will not be accepted. Preferred viewing browsers are Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled.

B. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bidnet Portal. The maximum upload file size is 1000 MB. Documents should not be embedded with uploaded files, as the embedded files will not be accessible or evaluated.

2. Delivery Date

The delivery time or completion date, as stated in the proposal form, shall be the time required to deliver and complete item(s) after the receipt of the order or award of the contract.

Where multiple items appear on the proposal request, the responder/offeror shall, unless otherwise stated by the County, show the delivery time for each item separately.

3. Specification Inquiries / Proposal Procedure Inquiries

The sole point of contact concerning the Request for Proposal (RFP) is the Muskegon County Procurement Office at the Bidnet portal at: https://www.bidnetdirect.com/mitn/muskegon-county.

Contacting any other personnel, agent, consultant or representative may result in disqualification.

To contact the County of Muskegon or ask questions in relation to this RFP, respondents must register with the Muskegon County’s public purchasing portal at https://www.bidnetdirect.com/mitn/muskegon-county (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. The Organization will not accept any respondent’s communications by any other means, except as specifically stated in this

RFP.

Questions must be submitted no later than the time and date specified on the cover of this document. In the interest of transparency, only written questions will be accepted.

Answers to questions will be posted on https://www.bidnetdirect.com/mitn/muskegon-county.

https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county

4. Response Preparation.

Responders must follow the instructions and provide a complete response to all specifications. Responder should include its company name in the header of all response documents. All cost associated with the submittal and preparation shall be borne by the respondent. This solicitation does not require the County to offer a contract.

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

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

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

7. Award

The award of a County contract will be made to the responsive and responsible responder who offers the best value to the County. The following criteria may be considered by the County in selecting the best value: a) Ability to perform the service required within the specified time; b) Conformance to specifications; c) The quality of the performance in previous contracts; d) Financial ability to perform the contract; e) Item pricing; f) responder references.

8. Vendor/Respondent Complaints or Protests The County of Muskegon has established administrative procedures for handling vendors complaints in a fair and timely manner. Vendors should observe the following steps in order to file complaints:

Step 1 The vendor must contact the Director of Finance within seven (7) days of the incident about which he or she has a complaint. The Director of Finance will reply verbally or in writing to the vendor after discussion with the County Administrator.

Step 2 If the vendor is dissatisfied with the Director of Finance’s reply, an appeal must be made in writing within seven (7) days to the Muskegon County Board of Commissioners.

9. Freedom of Information Act Proposals will be available for public inspection after the award announcement, except to the extent that a respondent designates trade secrets or other proprietary data to be confidential.

Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. A respondent’s designation of material as confidential will not necessarily be conclusive and the respondent may be required to provide justification why such material should not be disclosed, on request, under the Michigan Freedom of Information Act.

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

11. Responder Samples, Brochures and Literature

Include brochures, literatures and samples if available. Samples of items when required, must be furnished free of expense to the County and upon request, be returned to the Responder at the Responder’s expense. Samples of selected items may be retained for comparison purposes.

12. Insurance Requirements

The respondent may enclose with his or her proposal an insurance certificate indicating the insurance coverage stated under “County of Muskegon Insurance Requirements” section of this proposal. Adequate insurance as specified in this RFP must be furnished by the successful Responder before the awarding of the proposal and before the signing of any County/successful Responder agreements and/or work performed by the successful Responder.

13. Commission Privilege

The Board of Commissioners reserves the right to accept or reject any or all proposals, reserves all rights granted to it by law, reserves the right to waive formalities and to take such action, as it deems necessary in the best interest of the County of Muskegon.

14. Legal Requirements

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

15. Forum Selection

Any litigation regarding the agreement or its contents shall be filed in the County of Muskegon, if in a State Court, or in the United States District Court of the Western District of Michigan, if in Federal Court.

16. Execution of Counterparts

The agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed; shall together constitute one and the same instrument.

17. Entire Agreement

The final agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to the agreement and by no other means. Each party waives their future right to claim, contest or assert that the agreement was modified, canceled, superseded or changed by any oral agreements, course of conduct, waivers or estoppels.

18. Respondent/Offeror Representation

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

Proposals by partnership shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, secretary or other person authorized to bind it in the matter.

19. Subcontracting No portion of this proposal may be subcontracted without the prior written approval by the County. It may be in the best interest of the awardee to subcontract some parts of any given job; however, the successful Respondent will be held responsible by the County for the quality, delivery and all terms and conditions of this proposal.

20. Assignment

Any purchase order awarded shall not be assignable by the successful Respondent without the express written approval of the County and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

21. Civil Rights

A. The responder assures that in accordance with Title VII of the Civil Rights Act of 1964 (42U.S.C. 2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Title IX of the Education Amendment of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); the Regulations issued thereunder (45 CFR Parts 80, 84, 86, and 91); the Michigan Persons with Disabilities Civil Rights Act 220 of 1976, as amended; the Handicapper Business Opportunity Act, Public Act 112 of 1988 (MCL 450.791-45.795);

the Qualified Service-Disabled Veteran-Owned Preference, Public Act 91 of 2005 and 133 of 2008 (MCL 18.261); the Americans with Disabilities Act, Public Law 101-336 of 1990 and the ADA Amendments Act public Law 110-325, and the Michigan Elliot-Larsen Civil Rights Act 453 of 1976 that no individual shall, on the grounds of membership in a protected class be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this responder.

Assurance is given to the County that good faith efforts will be made to identify and encourage the participation of minority, women, handicapper and disadvantaged business enterprises in contract solicitations. The responder shall incorporate language in all contract awards: 1) prohibiting discrimination against minority, women, handicapper and disadvantaged businesses in subcontracting; and 2) making discrimination a material breach of contract.

B. The responder assures that it meets the requirements of the Drug Free Workplace Act of 1988, 34 CFR Part 85, Sub-Part F.

C. The County of Muskegon operates on an equal opportunity basis in its bidding policy (Title VII of Civil Rights Act of 1964, Equal Opportunity Clause, Executive Order 11246, Chapter 60, Sub-Part A, 60-I.4, Revised Order No. 4). Bidding is open to all interested parties, in compliance with national, state and local laws.

22. Alternates & Deviations

Specifications referred to herein are used to indicate the desired type, and/or construction, and/or operation. An alternate may be offered if deviations from specifications are minor and if all deviations are properly outlined on a separate sheet. Failure to outline all deviations may be grounds for rejection of your proposal.

The decision of the County of Muskegon, acting through the Director of Finance or their authorized representative, shall be final as to what constitutes acceptable deviations from specifications.

23. Michigan Iran Economic Sanctions Act, 2012 P.A. 517 Pursuant to the Michigan Iran Economic Sanctions Act, 2012 P.A. 517, by submitting a bid, proposal or response, Respondent certifies, under civil penalty for false certification, that it is fully eligible to do so under law and that it is not an “Iran linked business,” as that term is defined in the Act.

24. Responder Arrears

No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the County upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the County, or that is deemed irresponsible or unreliable by the County. If requested, respondents/offerors shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid and that they have the necessary financial resources to provide the proposed supply/service as described in the Specifications.

25. Errors/Omissions/Discrepancies

Any errors, omissions or discrepancies in the specifications discovered by a prospective successful Responder and/or service provider shall be brought to the attention of the Director of Finance as soon after discovery as possible. Further, the successful Responder and/or services provider shall not be allowed to take advantage of errors, omissions or discrepancies in the specifications.

26. Solicitation Opening

Solicitations will be opened and the responder names read publically online via WebEx meeting. A meeting invite will be posted in an addendum before the close of the solicitation or you can request an invite by sending an email to bids@muskegoncounty.net.

27. Telegraphic/Electronic Proposal Submittal

Responders that desire to submit a proposal electronically must submit through the Bidnet site at https://www.bidnetdirect.com/mitn/muskegon-county. All other methods of telegraphic and or proposal offers sent by electronic devices (e.g. facsimile machines or electronic mail) are NOT acceptable and will be rejected upon receipt. Respondents will be expected to allow adequate time for delivery of their responses either by airfreight, postal service, or other means.

28. Proposal Changes

No late proposals will be accepted. Proposals, amendments thereto, or withdrawal requests received after the time advertised for proposal opening will be void regardless of when they were mailed.

29. Purchase Order A purchase order will be issued to the successful Responder after the proposal has been awarded. The County of Muskegon shall not be responsible for any goods delivered or services performed without a purchase order issued and signed by the Director of Finance or an authorized representative.

30. Invoices and Payment Terms

Invoices are to be mailed to the County department on the resulting purchase order. All invoices must include the purchase order number. Failure to comply may result in delayed payments. The County payment terms are Net 30 days unless a cash discount is allowed for payments within not less than fifteen (15) days. The payment term shall begin on the mailto:bids@muskegoncounty.net date the service/product is accepted by the County and the correct invoice is received in the office specified on the purchase order.

31. Accelerated Pay Discounts Accelerated discounts should be so stated on the proposal form. If quick pay discounts are offered, the County reserves the right to include that discount as part of the award criteria.

Prices proposed must, however, be based upon payment within thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later.

32. Proposal Results Responders who submitted a proposal and who wish to know the results before the award may visit the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.

33. Taxes Sales Tax: For purchases made directly by the County of Muskegon, the County is exempt from State and Local Sales Tax. Prices shall not include such taxes. Sales Tax Exemption Certificates for the County will be furnished upon request.

Federal Excise Tax: The County of Muskegon may be exempt from Federal Excise Tax, or such taxes may be reimbursable, if articles purchased under this contract are used for the County’s exclusive use. Certificates exclusive use is for the purposes of substantiating a tax free, or tax reimbursable sale will be sent to the successful Responder upon request. If a sale is tax exempt or tax reimbursable under the Internal Revenue Codes, prices shall not include the Federal Excise Tax. The County’s Tax-Exempt Certification is available by request to the awarded successful Responder. Please submit your request to:

purchasing@muskegoncounty.net.

34. Gender

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

35. Exceptions

The respondent shall furnish a statement on company letterhead giving a complete description of all exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean that the respondent agrees to meet all requirements of the terms, conditions and specifications.

36. Brand Names

Unless otherwise specified, manufacturer’s names, trade names, information and/or catalog numbers listed in the specifications are intended only to identify the quality and characteristics desired. They are not intended to limit competition. A Responder may offer any equivalent product, which meets or exceeds the specifications. If proposals are based on equivalent products, the proposal must: a) Indicate the alternate manufacturer’s name and catalog number; b) Include complete descriptive literature and/or specifications; and c) include proof that the proposed equivalent will meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable to meet its needs in all respects.

If respondent fails to name a substitute, goods identical to the specified standard must be furnished.

mailto:purchasing@co.muskegon.mi.us

37. Ownership and Use of Documents A. All documents prepared in connection with the Submittal will become the property of the

County whether any project related to this agreement is executed or not.

B. The successful Responder will retain all of its records and supporting documentation relating to this RFP, and not delivered to the County, for a period of three years, except that in the event the successful Responder goes out of business during that period, it will turn over to the County all of its records relating to the project for retention by the County.

38. Termination for Convenience

Muskegon County may terminate a solicitation or contract, in whole or in part, whenever the County determines that such termination is in the best interest of the County, without showing cause, upon giving notice to the successful Responder. Muskegon County does not pay for cost associated with the solicitation process. Muskegon County shall pay all reasonable costs incurred by the successful Responder up to the date of termination. However, in no event shall the successful Responder be paid any amount, which exceeds the price bid for the work performed. The successful Responder will not be reimbursed for any profits, which may have been earned up to the date of termination.

39. Termination for Default

When the successful Responder has not performed or has unsatisfactorily performed the contract or in the event, any of the provisions of the purchase order are violated, the County may serve written notice of its intention to terminate the contract and/or purchase order for default. Upon termination for default, payment will be withheld at the discretion of Muskegon County. Failure on the part of the successful Responder to fulfill the contractual obligations shall be considered just cause for termination of the contract. The successful Responder will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in procuring and completing the work.

40. Termination Due to Unavailability of Funds in Succeeding Fiscal Years

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be canceled and the successful Responder shall be reimbursed for a reasonable value of any non-recurring costs incurred, but not amortized in the price of the supplies or services delivered under the contract.

41. Rights and Remedies of County for Default

If any item furnished by the successful Responder fails to conform to specifications, or to the sample submitted by the successful Responder, the County may reject it. Upon rejection, the successful Responder must promptly reclaim and remove such item without expense to the County, and shall immediately replace all such rejected items with others conforming to such specification and samples. If the successful Responder fails to do so, the County has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual cost to the County. If the successful Responder fails to make prompt delivery of any item, the County has the right to purchase such item in the open market and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual replacement cost to the County. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract.

42. Avoidance of Conflict of Interest and Confidentiality The successful Responder may provide consultation services to other government organizations in Michigan and elsewhere. In order to preserve the trust and confidence of their client, the successful Responder must adhere to a set of principles that enables them to perform their work in a manner that is free of real or perceived conflicts of interests. These principles are as follows:

A. The successful Responder will not discuss, distribute or use in any way the data or information acquired in the course of providing services to Muskegon County without prior approval by the County.

B. The successful Responder will not undertake a specific activity, which may be viewed as adverse to the interests of another client without obtaining the agreement of both parties.

C. The successful Responder states that no County officer or employee, nor any business entity in which they have an interest: a) has an interest in the contract awarded; b) has been employed or retained to solicit or aid in the procuring of the resulting contract; c) will be employed in the performance of such contract without immediate disclosure of such fact to the County.

43. Incorporation of Instructions

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

44. Debarment

If a respondent is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency, which prohibits your firm from participating in any procurement, the respondent must provide the County with that information as part of its response to this solicitation. Failure to fully and truthfully provide the information required, may result in the disqualification of your bid from consideration or termination of the purchase order, once awarded.

45. Respondent Registration

Successful Respondent registration, as well as the request for proposal materials, is available on the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.

INSURANCE REQUIREMENTS

The successful Responder, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to County of Muskegon. The requirements below should not be interpreted to limit the liability of the successful Responder. All deductibles and SIRs are the responsibility of the successful Responder.

The successful Responder shall procure and maintain the following insurance coverage:

1. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include, but not limited to, the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included ; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

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

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

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

6. Professional Liability insurance in an amount not less than $1,000,000 per occurrence and aggregate. If this policy is claims made form, then the successful Responder shall be required to keep the policy in force, or purchase “tail” coverage, for a minimum of 3 years after the termination of this contract.

7. Cancellation Notice: Policies, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation or Non-Renewal shall be sent to the

Certificate Holder: (County of Muskegon, Attention: Procurement, 1903 Marquette Avenue, Suite A106, Muskegon, Michigan 49442).

8. Proof of Insurance Coverage: The successful Responder shall provide the County of

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

9. If any of the above coverages expire during the term of this contract, the successful

Responder shall deliver renewal certificates, endorsements, and/or policies to County of Muskegon at least ten (10) days prior to the expiration date.

10. HOLD HARMLESS AGREEMENT: All contracts must contain the following Hold Harmless Agreement:

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

1/1/2022_____ January 1, 2025

NORTHSIDE WATER SYSTEM RELIABILITY STUDY

AND GENERAL PLAN UPDATE

WSSN #04577

PREPARED FOR:

MUSKEGON COUNTY

DEPARTMENT OF PUBLIC WORKS

131 E APPLE AVENUE

MUSKEGON, MI 49442

Prepared By:

DLZ MICHIGAN, INC.

DLZ Job No. 2247-7556-00

Muskegon County Northside Water System Reliability Study

June 2023

Table of Contents

1.0 Introduction and Purpose

1.1 Introduction

1.2 Purpose

Figure 1 – Vicinity Map

2.0 Background

2.1 Population

Table 1 – Historical and Future Population Statistics

3.0 Existing Water Distribution System

3.1 Overview of Existing Water Distribution System and Service Area

Table 2 – Water Meters

3.2 Distribution System

Table 3 – Distribution System Water Mains by Age

Table 4 – Distribution System Water Mains by Diameter

Table 5 – Distribution System Water Mains by Material

Figure 2 – Water System Overview Map

Figure 3 – Water Main by Pipe Age

Figure 4 – Water Main by Pipe Diameter

Figure 5 – Water Main by Pipe Material

3.3 Water Storage Tank

Table 6 – Water Storage Tank Data

3.4 Booster Station

3.5 Emergency Connections to Adjacent Water Systems

Table 7 – Interconnections

3.6 Capacity During Interruption of Power Service

4.0 Hydraulic Model Network

4.1 Model Development and Calibration

4.2 Model Software

Figure 6 – Fire Hydrant Flow Test Locations

5.0 Existing Water System Modeling Analysis

5.1 Introduction

5.2 Water Consumption

5.2.1 Demand

June 2023

Table 8 – Water Supplied to the Northside System by Month (2017-2022)

Table 9 – Water Usage and Unaccounted Water

5.2.2 Average Daily Demand

Table 10 – Average Daily Demand from 2017 to 2022

5.2.3 Maximum Daily Demand

Table 11 – Maximum Daily Demand from 2017 to 2021

5.2.4 Peak Hourly Demand

5.3 Fire Protection

Table 12 – Fire Flow Requirements

5.4 Existing System Modeling

5.4.1…