Oak-0000000972 As Needed Drain _ Channel Maint.docx

FOR AS-NEEDED DRAIN AND NATURAL CHANNEL MAINTENANCE AND IMPROVEMENTS

Request for Proposal (RFP) Event 972

Distributed by:

Oakland County Procurement Division 2100 Pontiac Lake Road, Bldg. 41W Waterford, MI 48328

Table of Contents Table of Contents

· Attachment A – Community Water and Sewer Contract

· Attachment B – Example – Small Pipe Repair – Randolph Millpond Culvert

· Attachment C – Example - Large Pipe Repair - Paint Creek – Items, Plans, Aerials

· Attachment D – Example - Small Open Channel – Jamian Drain

· Attachment E – Example - Large Open Channel – Reid and Branch Drain

· Attachment F – Example - Large Open Channel – Sprague Drain

· Attachment G – Example - Small Pipe Repair - Bald Eagle Lake Drain

· Attachment H – Example - Small Pipe Repair - Pontiac Creek Extension

· Attachment I – Example - County Map – Lake Level Control Structures

· Attachment J – Example of Maintenance Insurance Certificate

· Attachment K - Safety Compliance Form

Section 1.0: Scope of Work and Bidder Proposals

1.1 Introduction

The Oakland County Procurement Division, on behalf of the Oakland County Water Resources Commissioner’s Office, is requesting proposals from qualified suppliers to provide as-needed storm drain maintenance services – for repair and/or rehabilitation projects to various Water Resources Commissioner locations per the scope of work detailed in Section 1.3: Scope of Services. The purpose of this competitive Request for Proposal (RFP) is to promote and ensure the fairest, most efficient means to obtain the best value to Oakland County shall be assessed in accordance with the established evaluation criteria outlined in this RFP. See Section 3.7 for Evaluation Criteria and Award.

Oakland County, Michigan is in southeast Michigan, immediately north of the City of Detroit. The County covers 910 square miles and encompasses 62 cities, villages and townships (CVTs). Located astride the Interstate 75 corridor and at the heart of “Automation Alley”, Oakland County is a world technology center. Oakland County’s population is approximately 1.2 million, encompasses 545,000 parcels of property, and features one of the lowest operating tax rates in the state of Michigan. Oakland County is one of the few counties in the nation with a AAA bond rating. Additional information can be found on Oakland County’s website.

The office of the Oakland County Water Resources Commissioner (WRC) is a countywide elected office currently held by Jim Nash. The office is made up of approximately 370 employees who are responsible for the management of stormwater, drinking water, and wastewater services for residents throughout Oakland County. WRC performs operations and maintenance services for 22 local municipalities and numerous county and inter-county drains also including construction, asset management, environmental regulations, public education, water and sewer rate development, customer billing, and emergency services. The WRC is a regional leader on high-impact regional water service delivery projects.

This RFP is not a contractual offer or commitment to purchase services. Proposals must conform to the procedures, format, and content requirements outlined in this document. Significant deviations or failure to submit required information may be grounds for disqualification. Oakland County reserves the right to waive, at its discretion, any irregularity or informality that Oakland County deems correctable or otherwise not warranting rejection of the RFP.

1.2 Solicitation Timeline

Proposals to this Request for Proposal are due on August 14 at 1:00 PM EST.

All documentation for this event is available on the Michigan Inter-governmental Trade Network (MITN). Bidders are to register as a Supplier on the MITN website. If help is needed, call the MITN help line 800-835-4603.

The primary contact for this RFP is Joan Daniels. Specific requests for clarification must be submitted to Joan Daniels at purchasing@oakgov.com before AUG 5 @ 10:00 AM EST. All questions should be submitted in MITN and will be answered in the form of an addendum to the RFP.

It is the responsibility of the Bidder to check the MITN website for addendums.

An optional pre-bid meeting with take place via Microsoft Teams on Wednesday, July 23rd at 10 am EST. Below is the link to the pre-bid meeting.

Microsoft Teams https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2Q3NGRmNTYtNDg2YS00ZTQ1LTk2YmItMTgyNTlkOTQwMDhh%40thread.v2/0?context=%7b%22Tid%22%3a%226dd9592c-fa62-4c52-920e-c6981494a443%22%2c%22Oid%22%3a%22b650f301-fec6-4025-8b48-c59b8ace0e1b%22%7d

Meeting ID: 285 760 614 661 8 Passcode: eZ2qe3XG Dial in by phone +1 248-333-6396,454633343# United States, Pontiac Find a local number Phone conference ID: 454 633 343#

1.3 Scope of Services

The Scope of Services for this Proposal is to solely represent the interests of the County.

A. Provide services on an as-needed basis, possibly including emergency services, for underground drains and sewers, open/natural channel drains, detention basins, and their associated structures. Work shall be performed as directed and on an as-needed basis only.

B. For as-needed services, WRC will request proposals for construction, maintenance, and repair services to be performed on a time and material not to exceed our unit price basis. Cost estimating shall be considered incidental.

C. The Bidder(s) will be responsible for services including, but not limited to:

1. The types of projects the Contractor may be required to complete under this contract may include, but are not limited to, the following:

· Open/Natural Channel Work (approximately 60% of work expected)

· Pipe and Culvert Work (approximately 20% of work expected)

· Detention Basin Work (approximately 20% of work expected)

2. The attached appendix also contains examples of past projects for reference as the type of work expected. (see Attachment B-I)

3. Open/natural channel drain construction, repair, grading, filling, maintenance, etc. including hauling, disposal, diversion, bypassing, restoration, naturalized restoration, live staking, planting, maintaining existing in-stream structures, traffic control, soil and erosion control, and other work associated with the project including development of costs estimates and attendance at meetings.

1.) Open ditch sizes vary, and work may be in an open stream.

4. Pipe and culvert underground sewer and underground drain pipe excavation, construction, replacement, repairs, demolition, abandonment, maintenance, etc. including hauling, disposal, dewatering, bypass pumping, restoration, traffic control, soil and erosion control, and other work associated with the project including development of costs estimates and schedules for each project and attendance at meetings.

1.) The Contractor is expected to perform the Work replacing or rehabilitating pipes with diameters ranging from 6-inches to 48 inches in a wide variety of soil conditions and to depths of up to 10 feet as the technology allows.

5. Construction, excavation, replacement, repairs, demolition, abandonment, maintenance, etc. of catch basins, manholes, and other structures including hauling, disposal, dewatering, bypass pumping, restoration, traffic control, soil and erosion control, and other work associated with the project including development of costs estimates and schedules for each project and attendance at meetings.

6. Dredging, excavating, shaping, and maintaining detention/retention basins, sediment basins, and sediment forebays. This includes working on associated drainage structures. Work of this type may require drying before hauling materials for off-site disposal.

7. Contractor should be able to navigate tight easements and slopes of varying gradient and material. Preference will be given to contractors with access to unique equipment that has a light footprint, is ecologically sound, or can navigate tight clearances.

8. The work may be done to improve the environment from an ecological standpoint – including erosion control, restoring native seeding, restoring native plantings, and clearing overgrowth or invasive species from drains.

9. For as-needed services WRC will request proposals for construction, maintenance, and repair services to be performed on a time and material not-to-exceed or unit price basis. Cost estimating shall be considered incidental.

10. For complex projects, the Contractor may be asked to provide a design/build proposal by pairing with a consultant engineer that is subject to WRC approval. The scope of these services will vary by project and will be guided by the WRC Project Manager. Close contact should be maintained with the WRC Project Manager throughout the proposal and subsequent design process. Changes in the firm’s personnel, organizational structure, equipment, and services during the course of the design/build will be subject to additional approval by WRC Project Manager.

11. The Contractor shall furnish all required labor, equipment, materials, supplies, and other incidentals necessary to perform all work in accordance with WRC Standards and Specifications. No payment will be made for items such as work gloves, boots, safety glasses, and other personal protective equipment. WRC standards and specifications that apply to this work can be found at the following internet link: https://www.oakgov.com/water/Pages/standards_specs.aspx . The contractor is responsible for making themselves familiar with WRC standards and specifications as they apply on a project-by-project basis. Additional specifications may be added on a project-by-project basis as part of individual project packets. The WRC will notify the contractor if changes are made to the WRC standards and specifications found in the link above.

12. Hours of work will vary by project and should be assumed to follow local ordinance.

13. All work shall be coordinated as directed through the WRC Project Manager or by the WRC Supervisor.

14. The WRC will be responsible for obtaining permits from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) when required.

15. The Contractor shall obtain any other permits for each project including hydrant permits from water utilities, and soil erosion control permits from the governing authority.

16. For projects conducted within Michigan Department of Transportation (MDOT) or Road Commission for Oakland County (RCOC) right of way, the Contractor may use the annual construction permits that the WRC holds with the MDOT and RCOC depending upon the scope of the specific project. Use of these permits must be authorized by the WRC on a project-by-project basis.

17. Contractor shall schedule the required inspections for the work performed, if required, and on a project-by-project basis.

18. The WRC shall manage each project, provide inspection services, and coordinate with the local city, village, or township; however, the Contractor shall provide this coordination when directed to do so by the WRC.

19. Contractor shall provide separate performance bonds, labor and material bonds, and maintenance and guarantee bonds when requested for specific projects.

20. The Contractor may employ subcontractors depending on the requirements of the project and if deemed necessary by the Contractor for items such as traffic control, dewatering, bypassing, and other services the Contractor cannot provide on his own.

1.) When subcontractors are employed, the Contractor shall provide the name of the subcontractor and contact information to the WRC prior to beginning the work.

2.) The WRC reserves the right to request information related to the experience qualifications of the subcontractor for the portion of the work they will perform and to bar subcontractors from performing work on a project-by-project basis.

D. Invoicing:

1. The contractor is required to keep track of time and materials. A County inspector may be on site during construction.

2. Contractor shall provide back-up information such as purchase orders, invoices, delivery receipts, and subcontracts as required by WRC for all subcontracted services and purchased materials and supplies.

3. The total fee for any piece of owned equipment or material shall not exceed the original cost. In such instances, the WRC reserves the option of negotiating a buy-back price or credit for the material or equipment.

E. Additional Requirements:

1. The proposals must include on the firm’s letterhead their Equal Employment Opportunity (EEO) Affirmative Action policy, a description of their Diversity, Equity, and Inclusion efforts, and the organization’s pro bono activities.

2. Bidder must submit a Certificate of Good Standing from the State in which its business is domiciled or certify that it is not required to obtain such a certificate or otherwise register with that State. If the Bidder is domiciled outside of Michigan, Bidder will also be required to submit a Certificate of Good Standing from the State of Michigan or certify on its Business Information Questionnaire that it is not required to obtain such a certificate or otherwise register with the State of Michigan. Information regarding how to obtain a Certificate of Good Standing from the State of Michigan may be found here.

3. The proposal must include a description of the Bidder’s demonstrated efforts in sustainability, including but not limited to greenhouse gas reduction goals, decarbonization, environmental social and governance (ESG) goals, corporate social responsibility (CSR) goals, or similar sustainable accounting frameworks, and other sustainable purchasing and procurement practices and attach as an Appendix if a formal policy is in effect.

1.4 Qualifications

Proposals will only be accepted by the County from Bidders that:

· Submit the Equipment and Unit Price list.

· Have the ability to complete any of the work listed.

Minimum Qualifications

Proposals will only be accepted by the County from Bidders that possess:

A. The awarded Contractor must comply with the terms of the applicable OSHA and MIOSHA regulations, to protect all persons from injury or damage to property. The Contractor must complete the WRC Safety Compliance Form prior to the start of the contract. The Contractor is responsible to supply all safety equipment and to educate its employees in the rules of safety.

B. The WRC may award multiple contracts if it is in the best interests of the public or if it is to provide for all of the requested services. Contractor must be able to provide any of the three (3) primary services listed in scope of services section 1.3 - C with his own equipment and labor (no subcontracting). A contractor unable to provide the minimum number of services may be disqualified at the sole discretion of the WRC.

C. As part of their bid, the Contractor is to provide relevant unit rates and markup rates on all standard and specialized labor, material and equipment for each technology designated in section 1.3-C they are capable of performing. The rates are to be presented in a tabular format that is easily comprehended. Equipment rates shall be listed on an hourly, daily, weekly and monthly rate and include all costs for rental/ownership, operation and maintenance. Markup for overhead and profit shall be indicated separately. Any equipment or non-consumable construction materials that are onsite but idle are to be charged a standby rate, which will be 50% of the operating rate. Any price stipulations and/or restrictions on material, equipment or labor, such as hours used, pipe sizes, construction depths, lengths of runs, soil types etc. must clearly be indicated in the bid.

D. Contractor is to provide an experience and qualification statement and include with their submittal. The Contractor must provide a project history (with contact information for a customer project supervisor) for at least five previous projects that demonstrate experience with the scope of services section 1.3-C; the Contractor must provide a contact for the project coordinator (Engineer or Owner).

E. In addition to the insurance requirements of Exhibit I, the Contractor is required to provide the minimum insurance requirements set forth in Section 52 of the General Conditions, located electronically at the following internet link:

https://www.oakgov.com/government/water-resources-commissioner/projects/standards-specifications F. For Design-Build Projects (as needed), Professional Liability Insurance will be required and will be billed for the requested insurance amounts without a markup.

G. The Contractor’s proposal shall address all items completely and thoroughly. The proposal shall be signed by an officer of the Contractor authorized to bind the Contractor to its provisions.

H. By submitting a proposal, the Contractor’s officer certifies that it is not currently debarred from submitting bids for contracts issued by any political subdivision or agency of the State of Michigan or the EPA and that it is not an agent of a person or entity that is currently debarred from submitting bids or contracts issued by any political subdivision or agency of the State of Michigan, or the EPA.

Preferred Qualifications

The Bidder(s) may be evaluated higher for the Experience and/or Qualification evaluation factor if they meet the minimum qualifications listed above and have the preferred qualifications listed below:

A. The work should be performed by a Licensed Contractor, licensed by the State of Michigan with a minimum of five (5) years of experience in providing maintenance services for large commercial and/or governmental entities. It is the responsibility of the Contractor to assure all work is being done to specifications.

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Section 2.0: Bidder Information and Acceptance

1. The undersigned declares that the Bid Documents, including, without limitation, any RFP Addenda, and Exhibits have been read.

2. The undersigned is authorized, offers, and agrees to furnish the articles and/or services specified in accordance with the Specifications, Terms & Conditions of the Bid Documents.

3. The undersigned has reviewed the Bid Documents and fully understands the requirements in this Bid and that each Bidder who is awarded a contract shall be, in fact, a Prime Contractor, not a subcontractor, and agrees that its Proposal, if accepted by Oakland County, will be the basis for the Bidder to enter into a contract with the County in accordance with the intent of the Bid Documents.

4. The undersigned acknowledges receipt and acceptance of all addenda.

5. The undersigned agrees to the terms, conditions, certifications, and requirements listed in Section 2.

6. The undersigned acknowledges that Bidder will be in good standing in the State of Michigan, with all the necessary licenses, permits, certifications, approvals, and authorizations necessary to perform all obligations in connection with this RFP and associated Bid Documents.

7. It is the responsibility of each Bidder to be familiar with all of the specifications, terms and conditions of this RFP and, if applicable, the site condition. By the submission of a Proposal, the Bidder certifies that if awarded a contract they will make no claim against Oakland County based upon ignorance of conditions or misunderstanding of the specifications.

8. Insurance certificates are not required at the time of the proposal submission. However, if awarded, the Bidder acknowledges and agrees to provide the minimum insurance requirements identified in the terms and conditions of the attached sample Professional Services Contract (Attachment A).

2.1 Bidder Profile

· Corporation

· Joint Venture

· Limited Liability Partnership

· Partnership

· Limited Liability Corporation

· Non-Profit / Church

· Other:

Street Address:

City:

Website:

Primary Contact Name:

Primary Contact Phone Number

Primary Contact Email Address:

(if applicable):

Has your company ever been debarred by the Federal Government? ☐ Yes ☐ No

If yes, when? Has it been lifted and if so, when?

Has your company ever been debarred by any State or local ☐ Yes ☐ No Governments?

If yes, has it been lifted and if so, when?

Is your company a minority owned, woman owned, LGBTQ owned or veteran owned business?

Is your company a certified diverse business?

The individual below is authorized to sign on behalf of the company submitting this proposal.

Proposals must be signed by an official authorized to bind the provider to its provisions for a period of at least 90 days.

Signature:

Name and Title of Signer:

Date:

*Please include a current W-9

2.2 References

1. Provide the names and telephone numbers and e-mail addresses of at least three (3) persons representing Bidder for whom the Bidder has performed work similar to that proposed, and who may be contacted as references. Preferably, these references should include Municipalities or Utilities similar to the County and should include the types of recent projects cited above.

2. Provide a List of any contracts which have been terminated, including the circumstances surrounding the termination. Provide the name and telephone number of your client's representatives of any such contracts.

3. List all legal proceedings, lawsuits, or claims which have been filed against any of Bidder’s past or present employees within the last five (5) years. Indicate circumstance where you paid all or part of the claim.

2.3 Certificate of Compliance with Public Act of 517 of 2012

I certify that neither (Bidder), nor any of its successors, parent companies, subsidiaries, or companies under common control, are an “Iran Linked Business” engaged in investment activities of $20,000,000.00 or more with the energy sector of Iran, within the meaning of Michigan Public Act 517 of 2012. In the event it is awarded Contract as a result of this Invitation to Proposal, Bidder will not become an “Iran linked business” during the course of performing the work under the Contract.

NOTE: IF A PERSON OR ENTITY FALSELY CERTIFIES THAT IT IS NOT AN IRAN LINKED BUSINESS AS DEFINED BY PUBLIC ACT 517 OF 2012, IT WILL BE RESPONSIBLE FOR CIVIL PENALTIES OF NOT MORE THAN $250,000.00 OR TWO TIMES THE AMOUNT OF THE CONTRACT FOR WHICH THE FALSE CERTIFICATION WAS MADE, WHICHEVER IS GREATER, PLUS COSTS AND REASONABLE ATTORNEY FEES INCURRED, AS MORE FULLY SET FORTH IN SECTION 5 OF ACT NO. 517, PUBLIC ACTS OF 2012.

Name of Company:

By:

Title:

Date:

Section 3.0: Bidding, Evaluation, Selection, & Award Process

3.1 Oakland County Responsibility

Oakland County is not responsible for representations made by any of its officers or employees prior to the execution of the Professional Services Agreement unless such understanding or representation is included in the Professional Services Agreement.

3.2 Truth and Accuracy of Representations

False, misleading, incomplete, or deceptively unresponsive statements in connection with a proposal shall be sufficient cause for rejection of the proposal. The evaluation and determination in this area shall be at the Oakland County Chief Procurement Officer’s sole judgment and their judgment shall be final.

3.3 Bidders Questions

Bidders may submit written questions regarding this RFP in MITN. All questions must be received by the date and time specified in the timeline above in 1.2, 10:00 AM EST (Eastern Standard Time) no later than July 29 . All questions, without identifying the bidder, will be compiled with the appropriate answers and issued as an addendum to the RFP.

When submitting questions please specify the RFP section and paragraph number and quote the language that prompted the question. This will ensure that the question can be quickly found in the RFP. The County reserves the right to group similar questions when providing answers.

Oakland County may modify the RFP at any time during the bid process. All changes to the RFP will be posted as an addendum under the Bid number, each posting officially revises the RFP.

3.4 Preparation of the Proposal

Each Bidder must submit a complete proposal in response to this RFP. The proposal must remain valid for at least 120 days from the closing date for responses to this RFP.

3.5 Adherence to Mandatory Requirements (Pass/Fail)

Oakland County Chief Procurement Officer or their designee shall review the Proposal and determine if the Bidder meets the minimum requirements as outlined in this RFP.

Failure of the Bidder to comply with the minimum mandatory requirements may eliminate its proposal from any further consideration. Oakland County may elect to waive any informality in a proposal if the sum and substance of the proposal are present.

3.6 Evaluation Process

All proposals will be reviewed for compliance with the mandatory requirements stated within this RFP. Proposals not meeting the mandatory requirements will be deemed non-responsive and eliminated from further consideration. Oakland County reserves the right to withdraw the RFP to award one respondent, or to any combination of Respondents, by item, group of items, or total response. Oakland County may elect to waive any informality in a proposal if the sum and substance of the proposal are present. Oakland County may contact the Bidder for clarification of the Bidder’s Proposal. Oakland County may use other sources of information to perform the evaluation. Oakland County may require the Bidder to submit additional and/or supporting materials.

Responsive proposals will be evaluated on the factors identified in this RFP. The Bidder(s) whose proposal is most advantageous to the Oakland County, taking into consideration the evaluation factors, will be recommended for award approval.

After prospective Bidder(s) have been selected, Oakland County and the prospective Bidder(s) will negotiate an Agreement. If a satisfactory Agreement cannot be negotiated, Oakland County may, at its sole discretion, begin negotiations with the next qualified bidder who submitted a proposal.

3.7 Evaluation Criteria and Award

An evaluation committee at the County will evaluate each Bidder’s proposal to determine if the Bidder meets the qualification criteria and if the technical specifications in the proposal are acceptable. The evaluation committee, at its discretion, will recommend Bidder(s) for award of an Agreement. The agreement(s) will be awarded to the qualified Bidder(s) whose proposal is most advantageous to the County, based upon the following evaluation criteria:

· Oakland County reserves the right to make one total award, multiple awards, or a combination of awards.

· The References score will be based on the information gathered from the Contractor’s project history and previous customers/existing contracts. Preference will be given to Contractors who provide creative and innovative solutions to infrastructure challenges/emergencies for each project.

· The Labor and Equipment Unit Rates score will be based on the judgement of the WRC selection committee as to the cost advantage of the rates of the submitting Contractor.

The final award, when made, will be awarded to the Bidder determined by Oakland County, at its discretion, to have submitted the best proposal, taking into consideration the Bidder’s qualifications, proposed program of services and the cost thereof.

The successful Bidder shall commence work only after the transmittal of a fully executed contract and after receiving written notification to proceed from Oakland County. Failure of the successful Bidder to accept these obligations may result in cancellation of the award.

3.8 Optional Tools to Enhance Evaluation Process

Oakland County during the evaluation of proposals may find it necessary to utilize one or multiple tools, as listed below, to facilitate their understanding of the proposal(s) in order to select the best offering to Oakland County:

· Clarifications

· Deficiency Report

· Oral Presentation

· Site Visit

· Best and Final Offer (BAFO)

· Negotiations

3.9 Oakland County Option to Reject Proposals

Oakland County may, in its sole and absolute discretion, reject any or all proposals submitted in response to this RFP. The County shall not be liable for any costs incurred by the Bidder in connection with the preparation and submission of any proposal. Oakland County reserves the right to waive inconsequential disparities in a submitted proposal.

3.10 Freedom of Information Act

All information submitted to Oakland County by the Bidder is subject to the Michigan Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231, et seq.

3.11 Contacts with Oakland County Personnel

All contact with Oakland County regarding this RFP or any matter relating thereto must be in e-mail to the primary Procurement contact listed above in 1.2. Joan Daniels. If it is discovered that a Bidder contacted and received information regarding this RFP from any Oakland County personnel other than the Procurement Contact, Oakland County, in its sole discretion, may disqualify its proposal from further consideration. Only those communications made by Oakland County Procurement in writing will be binding with respect to this RFP.

3.12 Final Agreement Award Determination

Oakland County reserves the right to make one total award, multiple awards, or a combination of awards, and to exercise its judgment concerning the selection of one or more proposals, the terms of any resultant agreement, and the determination of which, if any, proposal best serves the interests of Oakland County.

3.13 Changes and Addenda to Proposal Documents

Each change or addendum issued in relation to this RFP will be online and on file in the Procurement Office. It is the Bidder’s responsibility to acquire knowledge of any changes, modifications or additions to the authorized version of the RFP. No award will be made to any Bidder who fails to submit the Addendum Signature Page(s), if applicable.

3.14 Reservation of Rights

Oakland County reserves the right to reject any and all proposals, to negotiate the terms and conditions of all and any part of the proposals, to waive irregularities and/or formalities, and in general to make award in the manner as determined to be in the County’s best interest and its sole discretion.

Oakland County reserves the right to modify this RFP at any time prior to the due date, or to extend the due date, or to cancel this RFP at any time. Oakland County further reserves the right to reject any and all proposals in whole or in part for good cause when in the best interests of the County. Oakland County shall not be liable for any costs incurred by the Bidder in connection with the preparation and submission of any proposal.

3.15 Withdrawal of Proposal

Proposals may be withdrawn in person by a Bidder, or authorized representative, provided their identity is made known and a receipt is signed for the RFP but only if the withdrawal is made prior to the stated Proposal deadline. No proposal may be withdrawn for at least 90 days after the submission deadline except the successful Bidder whose prices shall remain firm for the entire contract period. In case of error by the Bidder in making up a proposal, the Chief Procurement Officer may, in their sole discretion, reject such a proposal upon presentation of a letter by the Bidder which sets forth the error, the cause thereof, and sufficient evidence to substantiate the claim.

3.16 Cancellation

The RFP may be cancelled or any or all proposals may be rejected in whole or in part as may be specified in the RFP, when it is in the best interest of the County.

Section 4.0: General Terms & Conditions

4.1 Gifts/Gratuities

Consistent with State law and the County adopted Standards of Conduct, Elected Officials, Department Heads, and/or County Employees will not be offered or entitled to earn or receive personal gifts, gratuities, credits or other benefits of economic value by reason of their official business.

4.2 Interests of Bidder and County

The bidder assures that they have no interests which would conflict with the performance of services required by the Contract, if awarded. The Bidder also assures that, in the performance of a Contract, no officer, agents, employee of the County, or member of its governing bodies, may participate in any decision relating to the Contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. However, this paragraph does not apply where specifically exempt under Michigan Law.

4.3 Indemnification and Hold Harmless

The bidder shall, at its own expense, protect, defend, indemnify and hold harmless Oakland County, its elected and appointed officers, employees and agents from all claims, damages (including but not limited to direct, indirect, incidental, consequential, special and punitive damages), costs, lawsuits and expenses including, but not limited to, all costs from administrative proceedings, court costs, and attorney fees, that they may incur as a result of any acts, omissions or negligence of the selected firm, its employees or agents or its subcontractors of sub-subcontractors, or any of their officers, employees or agents which may arise out of the contract.

The bidder’s indemnification responsibilities shall include the sum of damages, costs and expenses which are in excess of the sum paid out on behalf of or reimbursed to Oakland County or its elected and appointed officers, employees, or agents by the insurance coverage obtained and/or maintained by the selected firm pursuant to the requirements of this RFQ and the contract entered into.

4.4 Taxes & Payment Terms

Oakland County is exempt from Federal Excise and State Sales Tax. Bidder is required to pay all applicable taxes lawfully assessed in connection with its performance of the awarded Contract.

4.5 Equal Employment Opportunity

The bidder and its subcontractors, as required by law, shall not discriminate against the employee or applicant for employment with the respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly relates to employment, because of race, color, religion, national origin, age, sex, disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. Breach of this covenant may be regarded as a material breach of the awarded Contract.

The Bidder agrees to post notices containing this policy against discrimination in conspicuous places available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of a Contract, if awarded, will state that all qualified applicants will receive consideration for employment without regard to race, color, sex, national origin, disability, age, height, weight, marital status and religion.

4.6 Nondiscrimination

The Bidder, its contractors and subcontractors, as required by law, shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, disability that is unrelated to the individual’s ability to perform the duties of a particular job or position, height, weight, or marital status. Breach of this Section shall be regarded as a material breach of the contract.

4.7 Governing Law and Venue

The Bidder shall be governed by the laws of the State of Michigan. In the event any actions arising under a Contract, resulting from this solicitation, are brought by or against the County of Oakland, the venue for such actions shall be established in accordance with the statutes of the State of Michigan and/or Michigan Court Rules. In the event that any action is brought under the Contract in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Eastern District, Southern Division.

4.8 Compliance with Laws and Regulations

The Bidder shall render the services required by this RFP in complete compliance with all applicable Federal, State and local laws, ordinances, rules and regulations.

4.9 Advertising

The Bidder shall not advertise, issue a press release or otherwise publish information concerning this solicitation or contract without prior written consent of the County. The County shall not unreasonably withhold permission.

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