Sewage Disposal Maintenance _ Repairs RFP 7-3-2025.docx

Sewage Disposal System Maint. & Repairs Request for Proposal (RFP) Event 000971

Distributed by:

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

Table of Contents Table of Contents

Attachment A – Pricing Sheet Attachment B – WRC Community Water and Sewer Boilerplate Contract Attachment C – WRC Sewage System Maintenance & Rehabilitation Specs Attachment D – Safety Compliance Form Event#971

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Section 1.0: Scope of Work

1.1 Introduction

The Oakland County Procurement Division, on behalf of the Water Resources Commissioner, is requesting proposals to as-needed service from contractors with experience in sewage disposal system maintenance and repairs, as described further in the scope of services, section 1.3. 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.

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 for this Request for Proposal/Qualification are due on 8/13/2025 at 3:00 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 before 8/01/2025 at 3:00 PM 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.

1.3 Scope of Services

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

A. Perform and/or assist WRC with major maintenance and rehabilitation programs for cleaning, closed circuit television, inspection, and sewage system repairs.

B. WRC anticipates numerous maintenance and rehabilitation projects will be performed by one or more contractors during the duration of the Contract.

C. The Scope and duration of each project will be developed prior to assigning Contractor. Based on the scope developed, for any individual project, WRC may request a project estimate from one or more of the Contractors, based on the Contractor rates/unit price or lump sum amounts. The project estimate may be used as a not to exceed amount for that particular project, as agreed upon between WRC and the Contractor. Project assignments will be made at the sole discretion of WRC.

D. Bidder shall be capable of providing one or more of the services detailed below. All work shall be performed in a professional manner and shall be consistent with the practices of the trade and the attached specifications in Attachment C for each operation.

a. Thermal (Hot Water or Steam) Cured in Place Pipe Liner – Provide for the reconstruction of sewer pipes using the Cured -in-Place Pipe (C.I.PP) process. This process utilizes the trenchless method of installation of a resin-impregnated, flexible tube which is inverted into the existing sewer by hydrostatic head or steam and cured by means of thermally heated water and steam. Full length pipe liners, spot liners, and lateral liners could be requested. When cured, the finished sewer lining shall be tight fitting and continuous from end to end. Options for resin materials can include styrenated, non-styrenated, use of a styrene gas barrier or another approved equal. This operation shall be performed in accordance with the attached Thermal Cured in Place Pipe Specifications (Attachment C) or as otherwise agreed upon by WRC.

b. Thermal (Hot Water or Steam) Cured in Place Pipe Liner - Provide for the reconstruction of sewer pipes using the Cured-in-Place Pipe (C.I.P.P.) process. This process utilizes the trenchless method of installation of a resin-impregnated, flexible tube which is inverted into the existing sewer by hydrostatic head or steam and cured by means of thermally heated water or steam. Full length pipe liners, spot liners and lateral liners could be requested. When cured, the finished sewer lining shall be tight fitting and continuous from end to end. Options for resin materials can include styrenated, non-styrenated, use of a styrene gas barrier or another approved equal. This operation shall be performed in accordance with the attached Thermal Cured in Place Pipe Specification or as otherwise agreed upon by WRC.

c. UV Cured in Place Pipe Liner - Provide for the reconstruction of sewer pipes using the Cured-in-Place Pipe (C.I.P.P.) process utilizing the trenchless method of installation of a resin-impregnated, flexible tube which is inverted into the existing sewer by hydrostatic head or steam pressure and cured by means of ultraviolet light. When cured the finished sewer lining shall be tight fitting and continuous from end to end. This operation shall be performed in accordance with the attached UV Cured in Place Pipe Specification or as otherwise agreed upon by WRC.

d. By-Pass Pumping and Dewatering - Provide bypass pumping and dewatering services as determined necessary and agreed upon between WRC and the Contractor.

e. Manhole and Pipe Rehabilitation by Spray Lining - Provide for the reconstruction of manholes and sewer pipes by the use of the Spray Lining Rehabilitation process, spraying a cementitious lining, epoxy lining or another approved material into an existing host manhole and/or pipe. This operation shall be performed in accordance with the attached Manhole and Pipe Rehabilitation and Spray Lining Specification or as otherwise agreed upon by WRC

f. Manhole Rehabilitation - Provide for the reconstruction of manholes by the use of trowel or otherwise manually applied material rehabilitation process, applying a cementitious lining, epoxy lining, polyurea, polyurethane, or another approved material into an existing host manhole. This operation shall be performed in accordance with the material manufacturer specification or as otherwise agreed upon by WRC.

g. Sewer Cleaning - The cleaning of small, moderate and large diameter sewers, complete with removal and disposal of debris resultant from the cleaning operation. Cleaning shall include, but not limited to, the removal of dirt, grease, rocks, roots, also other foreign solid or semi-solid material and obstructions from designated sewer lines and structures, including disposal of the materials. The work of this section shall conform to the applicable portions of the National Association of Sewer Service Companies (NASSCO) and performed in accordance with the attached Sewer Cleaning Specifications, or as otherwise approved by WRC.

h. Sewer Pipe Joint Testing and Sealing - Sewer pipe joint testing is used to test the integrity (tightness or leakage) of individual pipe joints. The intent of pipe joint testing is to identify those sewer pipe joints that are defective (allowing groundwater to enter the sewer system) and that can be successfully sealed by the internal pipe joint sealing process. Testing of joints which are visibly leaking (infiltrating) is unnecessary because the intent of testing is obviously attained. Testing cannot be performed and will not be required on cracked or broken pipe, building sewers, or sections of pipe between joints. Sealing is done by grouting of internal joints of sewer pipes which have failed the joint test criteria described in Sewer Pipe Joint Testing Specification. All grout shall contain root inhibitor unless specified otherwise.

i. CCTV / Sewer Inspection - Sewer inspection shall include Closed Circuit TV (CCTV) and/or Walk through Inspections of large diameter sewers. Personnel viewing the live video feed in the televising van must be NASSCO certified and have at least three years of certified NASSCO grading experience. All work must be in PACP format. WRC uses GraniteNet software. The work of this section shall conform to the applicable portions of the National Association of Sewer Service Companies (NASSCO) and performed in accordance with the attached CCTV Inspection Specifications. All videos, databases, and reports shall be submitted on a file transfer site, Owner-approved cloud-based platform, portable hard drive or thumb drive and shall include work order numbers, footage and a video log. DVD’s will not be accepted. Contractor shall keep copies of video and reports for one (1) year on a separate dedicated WRC hard drive. Video and reports shall be submitted with any payment request for WRC review prior to issuance of payment.

j. Other As Needed Services - Other maintenance and rehabilitation services not identified in this RFP may be included in the Contractor’s proposal. For these services the Contractor’s proposal shall include a clear description of the proposed service, including applicable specifications and applicable pricing.

E. It is desired that the Contractor be available for emergency services, with the ability to mobilize on site and be ready to work within 2 hours of being notified for any emergency maintenance or repair. However, lack of emergency service capabilities does not preclude awarding a contract. In addition, the Contractor must have the ability to work flexible hours, include nighttime hours, and 4-day ten hour per day work weeks, as deemed necessary

F. WRC, or designated representative, shall provide full-time inspection, during the duration of each project. No operation(s) shall commence without WRC inspection, unless otherwise approved by WRC.

G. WRC will have complete discretion to cancel work due to weather and/or other circumstances with no penalty to WRC. WRC will strive to provide reasonable notification of cancelled work.

H. The Contractor shall be responsible for identifying and obtaining all local and state permits, unless otherwise agreed upon by WRC. Permit costs will be an acceptable charge to WRC with no additional mark up. The WRC will be responsible for obtaining permits from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) when required. For projects within Michigan Department of Transportation (MDOT) or Road Commission for Oakland County (RCOC) rights 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.

I. WRC will have complete discretion to cancel work due to weather and/or other circumstances with no penalty to WRC. WRC will strive to provide reasonable notification of cancelled work.

J. Contractor invoicing shall be performed on a monthly basis or a mutually agreed upon schedule between WRC and the Contractor. Invoicing shall be itemized in accordance with the Contractor line items and segregated by the type of work and associated WRC work order. For each project, the Contractor may bill only one mobilization charge. Contractor shall provide back-up information such as purchase orders, invoices, delivery receipts and subcontractor invoices for all subcontracted services and purchased material and supplies.

K. Non-productive time due to equipment failure or other Contractor determined cause will not be included in the Contractor’s monthly invoice.

L. Certain projects may have grant eligibility which will be provided by the Contractor at no cost to WRC, unless otherwise agreed upon.

M. Contractor shall be responsible for adhering to all local, State, and Federal Safety Standards. No additional payment will be made for any items needed to adhere to all local, State, and Federal Safety Standards.

1.4 Qualifications

Minimum Qualifications

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

A. Key personnel that would be assigned to WRC projects documenting their certifications, licenses and other qualifications.

B. Ability to work flexible hours, including nights and four (4) ten (10) hour days.

C. Certified at the State and Federal level for services performed in Section 1.3 – Scope of Work.

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. Documentation confirming that the Bidder is capable of providing emergency services, including but not limited to, number of employees, available equipment, and contact information (emergency phone number).

Event#971

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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 WRC Community Water and Sewer Professional Services Contract (Attachment A).

9. This is an electronic solicitation. Only responses uploaded into MITN/Bidnet will be considered. Emailed documents will not be accepted or reviewed.

10. Your response must include all requirements listed in sections 2.1-2.4 listed below, and the pricing attachment. Failure to include any of these documents may result in your response being deemed unresponsive. Upload one single combined document that must be labeled as “000971 Respondent Name” for sections 2.1-2.4. For pricing upload the document labeled as “000971 ATT A Respondents Name”.

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 four (4) 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. Projects listed shall have been completed within the last five (5) years. At least two of the projects shall be based on time and material compensation.

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.

Please submit references in the following format:

Reference Organization Name City, State Contact Name Contact Phone # Contact Email

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:

2.4 Technical Proposal

On Firms letterhead submit a response in the following in numbered/lettered order.

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.

4. On Firms letterhead bidders shall submit confirmation that they meet each of the minimum qualifications listed in section 1.4.

5. On Firms Letterhead bidders shall submit a summary that they meet each of the preferred qualifications listed in section 1.4 and if not an alternative explanation.

6. On Firms Letterhead bidders shall submit a technical proposal specific to the Scope of Work listed in section 1.3. Failure to follow the format listed below may result in your response being deemed non-responsive.

7. The proposal shall include a company overview, number of full-time employees, and key staff member experience and directly related to the services identified in section 1.3 Scope of Work.

8. Compensation rates – Completion of Attachment A

i. Hourly Labor Rates: Supply a job classification rate sheet for all positions including shop, field and office that may be utilized for this contract. Regular, overtime, weekend, and holiday rates for each classification shall be provided, as applicable. If WRC determines the need to work 4 days, ten hours per day work weeks, overtime will not be considered for 10-hour workdays. The WRC staff work schedule is generally Monday to Thursday from 6 AM to 4 PM for March to September and Monday to Friday from 7 AM to 3 PM for October to February.

ii. Equipment Rates: The rates shall include a tabulation of daily, weekly, and monthly rates for all Contractor supplied equipment. For bypass pumping, standby and online rates shall be provided. Fuel costs for pumping equipment shall be considered as part of the unit rate, unless otherwise indicated in the proposal. For bypassing piping, the total fee for any particular project should not exceed the original cost of said piping. As such, WRC will have the option of negotiating a buyback price or credit for long duration rentals of bypassing piping. The markup rate for equipment rented by the Contractor, along with a list of any anticipated rental equipment shall also be provided in the proposal.

iii. Materials & Supplies: Fixed costs for materials and supplies shall be listed and tabulated in the proposal. Anticipated variable rate or project specific materials and supplies, including freight, shall also be listed in the proposal with the bidder’s mark-up rate.

iv. Subcontractor Expense and Rental Equipment: The mark-up rate for subcontractor expense, along with a list of any anticipated subcontractor activities.

v. Traffic Control: Contractor shall provide daily, weekly, and monthly rates for traffic control.

vi. All rates shall include mobilization, including drive time from the Contractor’s ship to the job site, unless otherwise stipulated in the bidder’s proposal.

vii. The rate list shall be submitted in a clear and organized format, in an Excel Spreadsheet for the years 2025, 2026, and 2027.

viii. Invoices will be based on agreed upon quantities between Contractor and WRC. All billable items including labor, equipment, materials, supplies, and subcontractor expense shall be authorized by WRC prior to invoicing. Rates shall include all necessary expenses to perform the work, including personal protective equipment and all safety equipment. No payment will be made for personal protective equipment items such as work gloves, boots, safety glasses, fall protection, gas detectors, clothing and any other personal protective equipment.

ix. No additional payment will be made for any items needed to adhere to all local, State, and Federal Safety Standards.

x. Bidder shall indicate whether they are willing to provide a discount for prompt payment of X% discount net XX days.

9. Information regarding equipment age, condition, and capabilities.

10. Completion of the Safety Compliance Form

11.

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. 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:

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. 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 RFP/Q 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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