Water Testing Services.pdf

REQUEST FOR PROPOSAL

#8909

WATER TESTING SERVICES

FOR

Washtenaw County

ENVIRONMENTAL HEALTH

Issued By:

Washtenaw County Purchasing Administration Building 220 N. Main Street Ann Arbor, MI 48104

Abdimalik Farah Purchasing Analyst

(734) 222-6761

Proposal Submitted by:

Please type Bidder’s Company Name & include as proposal cover

WASHTENAW COUNTY

Finance Department

Purchasing Division

220 N. Main, Ann Arbor, MI 48104 phone (734) 222-6760, Fax (734) 222-6764 www.purchasing.washtenaw.org

RFP #8909

8/02/2026

Washtenaw County Purchasing Division on behalf of ENVIRONMENTAL HEALTH (Washtenaw County Department) is issuing a sealed RFP #8909 for WATER

TESTING SERVICES

All required bid documentation for this project may be obtained at the Washtenaw County Purchasing Division website, https://www.washtenaw.org/2431/Open-Bids

Sealed Proposals:

Bidder will deliver an electronic response to this solicitation at our Open Bids website by using the “Submit A Proposal” button associated with RFP #8909 at:

https://www.washtenaw.org/2431/Open-Bids

Bid proposals submitted through will not be accepted.

By Friday, August 28, 2026 @ 10:00AM EDT

Proposals received after the above cited time will be considered a late bid and are not acceptable unless waived by the Purchasing Manager.

Please direct purchasing and procedural questions regarding this RFP to Abdimalik Farah via e-mail only to faraha@washtenaw.org.

https://www.washtenaw.org/2431/Open-Bids https://www.washtenaw.org/2431/Open-Bids mailto:faraha@washtenaw.org

Please direct technical questions regarding this RFP to Jaclyn Bates, Dept contact via e-mail only at batesj@washtenaw.org, with a copy to the purchasing and procedural questions contact as well.

Bidders or their representatives are prohibited from communicating with Washtenaw County employees regarding this RFP except as provided under TECHNICAL QUESTIONS.

Violation of this provision by the bidders and/or their agent may lead to disqualification of the bidder’s proposal from consideration. Your response submission must be clearly marked RFP #8909.

Thank you for your interest.

BID #8909 WATER TESTING SERVICES

PROPOSAL INFORMATION

I. PROPOSAL DEFINITIONS

Definitions

“Bidder” An individual or business submitting a bid to Washtenaw County

“Contractor/Vendor” One who contracts to perform services in accordance with a legal agreement

“County” Washtenaw County in Michigan

“Department” ENVIRONMENTAL HEALTH

II. TERMS

A. Washtenaw County reserves the right to reject any and all proposals received as a result of this RFP. If a proposal is selected, it will be the most advantageous regarding price, quality of service, the BIDDERS’ qualifications and capabilities to provide the specified service, and other factors that the County may consider. The County does not intend to award a contract fully on the basis of any response made to the proposal;

the County reserves the right to consider proposals for modifications at any time before a contract would be awarded and negotiations would be undertaken with that BIDDER whose proposal is deemed to best meet the County’s specifications and needs.

B. The County reserves the right to reject any or all bids, to waive or not waive informalities or irregularities in bids or bidding procedures, and to accept or further negotiate cost, terms, or conditions of any bid determined by the County to be in the best interests of the County even though not the lowest bid.

C. Proposals must be signed by an official authorized to bind the BIDDER to its provisions for at least a period of 90 days. Failure of the successful bidder to accept the obligation of the contract may result in the cancellation of any award.

D. In the event it becomes necessary to revise any part of the RFP, addenda will be provided. Deadlines for submission of RFP's may be adjusted to allow for revisions.

To be considered, Vendor will deliver one (1) e-proposal in .pdf format to the County as indicated on or before the date specified.

E. Proposals should be prepared simply and economically providing a straight-forward, concise description of the BIDDER'S ability to meet the requirements of the RFP.

Proposals must be typed or clearly legible.

F. The initial award of this contract shall be for a period of three (3) years, with an option to renew an additional two (2) years, pending agreement by both parties.

G. CONFLICT OF INTEREST. Bidder warrants that to the best of bidder’s knowledge, there exists no actual or potential conflict between bidder and the County, and its Services under this request, and in the event of change in either bidder’s private interests or Services under this request, bidder will inform the County regarding possible conflict of interest which may arise as a result of the change. Bidder also affirms that, to the best of the bidder’s knowledge, there exists no actual or potential conflict between a County employee and Bidder.

H. The bidder shall be responsible for all costs incurred in the development and submission of this response. Washtenaw County assumes no contractual obligation as a result of the issuance of this RFP, the preparation or submission of a response by a bidder, the evaluation of an accepted response, or the selection of finalists. All proposals, including attachments, supplementary materials, addenda, etc. shall become the property of Washtenaw County and will not be returned to the bidder.

I. Any responses, materials, correspondence, or documents provided to Washtenaw County under this solicitation are subject to the State of Michigan Freedom of Information Act and may be released to third parties in compliance with that Act.

J. Local Vendor Preference – A policy adopted by the Washtenaw County Board of Commissioners (BOC) that shall govern the procurement of goods, services and food from local vendors located in Washtenaw County and the State of Michigan. The intent of the BOC is to encourage and promote economic growth and regional job development. The policy shall be applied to Washtenaw County operated programs as allowed, except those that are federally funded directly or indirectly. All other Procurement Policies and Procedures remain in full effect. Please see “Local Vendor Certification Application & Affidavit” enclosed in this RFP.

K. Vendor Appeal Process – Unsuccessful bidders may appeal an award of contract, lease or purchase order to the County Administrator. All appeals shall be made in writing to the County Administrator with a copy to purchasing within five (5) business days of the Notice to Award. The County Administrator shall take necessary actions to review the appeals and respond to the individual submitting an appeal within five (5) business days. This response shall be documented in writing in the bid file.

L. Any oral responses to any questions shall be unofficial and not binding on Washtenaw County. The County’s procurement staff will make such interpretation or correction, as well as any additional RFP provisions that the County may decide to include, only as an RFP addendum. Any addendum issued by the County shall become a part of the RFP. Bidders should consider issued addendums in preparing his or her proposal submission. Questions may not be responded to if received within five (5) business days prior to bid opening.

III. VENDOR SPECIFICATIONS

The proposal shall include all of the following information. Failure to include all of the required information may result in disqualification of a Bidder.

A. State the bidder’s qualifications to provide the services required by Washtenaw County. Include years in business under your present company name, staff profile and experience.

(Attach as Addendum A)

B. Laboratory performing the services on-site must be certified as described in section j of the Scope of Work in this RFP (#8909). A copy of the certificate must be included in the proposal.

(Attach as Addendum B)

C. List three (3) references from previous corporate or government customers purchasing similar services. Include business name, contact name, title, email address and phone number.

(Attach as Addendum C)

D. Review contract provisions and insurance requirements. Note any limitations on any of the articles or providing insurance requirements as outlined in the contract provisions contained in Sample Contract.

(Attach as Addendum D)

E. Review and attach Local Vendor Preference Certification information and signed Affidavit.

(Attach as Addendum E)

IV. AWARD

Award will be made to the lowest responsive, responsible bidder, with the most relevant experience and best qualifications. However, the award may not be based solely on low bid alone.

The County reserves the right to award this contract to more than one vendor for the different areas of work at the County’s discretion. The County reserves the right to add additional vendors at any time to ensure adequate services.

V. SCOPE OF WORK

The Contractor will be responsible for:

a) Providing appropriate and adequate number of water testing bottles with labeling that are acceptable to the County. There is to be no separate charges or changes in water sample bottle types during the contract without approval from the County. Environmental Health will provide appropriate sample forms.

b) Delivering sample results each County working day at a time and method agreed upon which shall be no later than 3:30 p.m. Samples shall be picked up from Environmental Health (705 N. Zeeb Rd. Ann Arbor, MI 48103) by the contract laboratory at contract lab's expense no earlier than 3:00 p.m. each day or other time agreed to by Environmental Health. Additional samples may be submitted for special circumstances based on mutual agreement.

c) The contractor will be responsible for providing expedited/priority analysis of chemical parameter samples. When requested a premium will be paid for this expedited turnaround of two times the normal analysis cost. It is expected that results for all expedited samples will be received within 48 hours.

d) Conducting various water tests according to Standard Methods and within the requirements of maintaining drinking water certification within the State of Michigan. All samples are to be analyzed in accordance with the Laboratory Certification Program of the Michigan Safe Drinking Water Act, 1976 PA 399, as amended (Act 399) and the United States Environmental Protection Agency (USEPA).

e) Reporting all water test results as follows:

I. Daily – All water sample forms of sample results completed that day will be provided to the County in a format that is agreeable to Environmental Health.

II. Daily - All water sample forms where the water is found to not meet safe drinking water standards will be scanned and emailed to Environmental Health within one hour of all sample results for that day being completed.

III. Weekly – An electronic database of sample results completed that week will be provided to the County in a format that is agreeable to Environmental Health (csv or similar). This would be preferred weekly.

f) Residual samples are to be held for thirty days after the results are sent to Environmental Health, unless disposal is authorized by Environmental Health.

g) The laboratory will log all samples into a computerized database in a mutually agreed upon format. The database structure will at a minimum include the following data fields:

Time of sample Date of sample Time received Sample collector Water supply name Water supply address (including zip code) Township Water Supply Serial Number (WSSN) (if applicable) Disinfectant level (Swimming pool samples only) pH (Swimming pool samples only) Washtenaw County Permit number Parameter tested Minimum Detection limit Results Sample collected from a Treated or Untreated source

h) All samples are to be analyzed using the following methods and procedures:

1. The U. S. EPA Manual for the Certification of laboratories Analyzing Drinking Water, Criteria and Procedures, Quality Assurance, Fifth Edition, January 2005 Document number EPA-815-R-05-004, and all subsequent supplements.

2. Standard Methods for the Examination of Water and Wastewater 2022, 24th Edition or subsequent updates and revisions.

3. All pertinent Federal Registers.

4. Using one of the above standard methods that gives the lowest detection limit possible, unless otherwise stated.

i) Laboratory personnel shall be qualified as expert witnesses and be able to testify concerning laboratory procedures and tests performed.

j) The laboratory must maintain various certificates and participates in U.S. EPA performance checks during each year of the contract. The following are required:

State of Michigan certification for coliform, nitrate, and arsenic.** U.S. EPA Safe Drinking Water Act certification

** Certification for additional drinking water parameters highly desired

k) Immediately notify Environmental Health via email of any equipment failure or staffing issues that will lead to samples not meeting turnaround times including specific addresses. Washtenaw County will not be charged for any analysis that exceeds standard turnaround times.

l) Provide new or revised cost per unit pricing for water analysis on parameters not included in the initial contract or there is a desire by the county to change a water analysis method.

m) Provide Environmental Health with the names, phone numbers, and email addresses of primary contacts.

VI. SAMPLE STANDARD PROVISIONS FOR CONTRACTS

If a contract is awarded, the selected contractor will be required to adhere to a set of general contract provisions which will become a part of any formal agreement. These provisions are general principles which apply to all contractors of service to Washtenaw County such as the following:

SERVICE CONTRACT

AGREEMENT is made this -------------_day of -------------------- , 20XX, by the COUNTY OF WASHTENAW, a municipal corporation, with offices located in the County Administration Building, 220 North Main Street, Ann Arbor, Michigan 48107(“County”) and (NAME OF CONTRACTOR) located at (CONTRACTOR’S ADDRESS) (“Contractor”).

In consideration of the promises below, the parties mutually agree as follows:

ARTICLE I - SCOPE OF SERVICES

The Contractor will (SPELL OUT SCOPE OF SERVICE)

ARTICLE II - COMPENSATION

Upon completion of the above services and submission of invoices the County will pay the Contractor an amount not to exceed (SPELL OUT DOLLAR AMOUNT) in accordance with specifications described in RFP # 8909.

ARTICLE III - REPORTING OF CONTRACTOR

Section 1 - The Contractor is to report to the Health Officer and will cooperate and confer with him/her as necessary to insure satisfactory work progress.

Section 2 - All reports, estimates, memoranda and documents submitted by the Contractor must be dated and bear the Contractor's name.

Section 3 - All reports made in connection with these services are subject to review and final approval by the County Administrator.

Section 4 - The County may review and inspect the Contractor's activities during the term of this contract.

Section 5 - When applicable, the Contractor will submit a final, written report to the County Administrator.

Section 6 - After reasonable notice to the Contractor, the County may review any of the Contractor’s internal records, reports, or insurance policies.

ARTICLE IV - TERM

This contract begins on October 1, 2026 and ends on September 30, 2029 with an option to extend for two (2) additional one (1) year periods.

ARTICLE V - PERSONNEL

Section 1 - The contractor will provide the required services and will not subcontract or assign the services without the County’s written approval.

Section 2 - The Contractor will not hire any County employee for any of the required services without the County’s written approval.

Section 3 - The parties agree that all work done under this contract shall be completed in the United States and that none of the work will be partially or fully completed by either an offshore subcontractor or offshore business interest either owned or affiliated with the contractor. For purposes of this contract, the term, “offshore” refers to any area outside the contiguous United States, Alaska or Hawaii.

ARTICLE VI - INDEPENDENT CONTRACTOR

Contractor and the County shall, at all times, be deemed to be independent contractors and nothing herein shall be construed to create or imply that there exists between the parties a partnership, joint venture or other business organization.

Contractor shall hold no authority, express or implied, to commit, obligate or make representations on behalf of the County and shall make no representation to others to the contrary.

Nothing herein is intended nor shall be construed for any purpose as creating the relationship of employer and employee or agent and principal between the parties.

Except as otherwise specified in this contract, Contractor retains the sole right and obligation to direct, control or supervise the details and means by which the services under this contract are provided.

Contractor shall not be eligible for, or participate in, any insurance, pension, workers’ compensation insurance, profit sharing or other plans established for the benefit of the County’s employees. Contractor shall be solely responsible for payment of all taxes arising out of the Contractor’s activities in connection with this Agreement, including, without limitation, federal and state income taxes, social security taxes, unemployment insurance taxes and any other tax or business license fees as required.

The County shall not be responsible for withholding any income or employment taxes whatsoever on behalf of the Contractor.

ARTICLE VII - INDEMNIFICATION AGREEMENT

The contractor will protect, defend and indemnify Washtenaw County, its officers, agents, servants, volunteers and employees from any and all liabilities, claims, liens, fines, demands and costs, including legal fees, of whatsoever kind and nature which may result in injury or death to any persons, including the Contractor’s own employees, and for loss or damage to any property, including property owned or in the care, custody or control of Washtenaw County in connection with or in any way incident to or arising out of the occupancy, use, service, operations, performance or non-performance of work in connection with this contract resulting in whole or in part from negligent acts or omissions of contractor, any sub-contractor, or any employee, agent or representative of the contractor or any sub-contractor.

ARTICLE VIII - INSURANCE REQUIREMENTS

The Contractor will maintain at its own expense during the term of this Contract, the following insurance:

1. Workers' Compensation Insurance with Michigan statutory limits and Employers Liability Insurance with a minimum limit of $100,000 each accident for any employee.

2. Commercial General Liability Insurance with a combined single limit of $1,000,000 each occurrence for bodily injury and property damage. The County shall be added as "additional insured" on general liability policy with respect to the services provided under this contract.

3. Automobile Liability Insurance covering all owned, hired and nonowned vehicles with Personal Protection Insurance and Property Protection Insurance to comply with the provisions of the Michigan No Fault Insurance Law, including residual liability insurance with a minimum combined single limit of $1,000,000 each accident for bodily injury and property damage. For transportation services contracts, the County shall be added as additional insured on automobile liability policy with respect to the services provided under this contract.

Insurance companies, named insureds and policy forms may be subject to the approval of the Washtenaw County Administrator, if requested by the County Administrator. Such approval shall not be unreasonably withheld. Insurance policies shall not contain endorsements or policy conditions which reduce coverage provided to Washtenaw County. Contractor shall be responsible to Washtenaw County or insurance companies insuring Washtenaw County for all costs resulting from both financially unsound insurance companies selected by Contractor and their inadequate insurance coverage. Contractor shall furnish the Washtenaw County Administrator with satisfactory certificates of insurance or a certified copy of the policy, if requested by the County Administrator.

No payments will be made to the Contractor until the current certificates of insurance have been received and approved by the Administrator. If the insurance as evidenced by the certificates furnished by the Contractor expires or is canceled during the term of the contract, services and related payments will be suspended. Contractor shall furnish certification of insurance evidencing such coverage and endorsements at least ten (10) working days prior to commencement of services under this contract.

Certificates shall be addressed to the Washtenaw County c/o: : INSERT

DEPARTMENT, ADDRESS, CITY, STATE & ZIP CODE AND CONTRACT

#__________, and shall provide for written notice to the Certificate holder of cancellation of coverage.

ARTICLE IX - COMPLIANCE WITH LAWS AND REGULATIONS

The Contractor will comply with all federal, state and local regulations, including but not limited to all applicable OSHA/MIOSHA requirements and the Americans with Disabilities Act.

ARTICLE X - INTEREST OF CONTRACTOR AND COUNTY

The Contractor promises that it has no interest which would conflict with the performance of services required by this contract. The Contractor also promises that, in the performance of this contract, no officer, agent, employee of the County of Washtenaw, or member of its governing bodies, may participate in any decision relating to this 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 if there has been compliance with the provisions of Section 3 of Act No. 317 of the Public Acts of 1968 and/or Section 30 of Act No. 156 of Public Acts of 1851, as amended by Act No.

51 of the Public Acts of 1978, whichever is applicable.

ARTICLE XI - CONTINGENT FEES

The Contractor promises that it has not employed or retained any company or person, other than bona fide employees working solely for the Contractor, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach of this promise, the County may cancel this contract without liability or, at its discretion, deduct the full amount of the fee, commission, percentage, brokerage fee, gift or contingent fee from the compensation due the Contractor.

ARTICLE XII – DEBARMENT AND SUSPENSION

By signing this Contract, Contractor assures the County that it will comply with Federal Regulation 45 CFR Part 76 and certifies that to the best of its knowledge and belief the Contractor and any subcontractors retained by Contractor:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or contractor;

2. Have not within a three-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in section 2, and ;

4. Have not within a three-year period preceding this Contract had one or more public transactions (federal, state or local) terminated for cause or default.

ARTICLE XIII – LOBBYING

By signing this contract, Contractor assures the County that it will comply with Section 1352, Title 31 of the U.S. Code (pertaining to not using federal monies to influence federal contracting and financial transactions). The Contractor assures the County that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Contractor shall complete and submit Standard Form

- LLL, Disclosure of Lobbying Activities,” in accordance with its instructions;

3. This language shall be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly.

ARTICLE XIV - DRUG-FREE WORKPLACE

Grantees Other Than Individuals A. As required by the Drug-Free Workplace Act of 1988, the Contractor assures the

County that it will or will continue to provide a drug-free workplace by:

a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

b) Establishing an on-going drug-free awareness program to inform employees about—

1) The dangers of drug abuse in the workplace;

2) The grantee’s policy of maintaining a drug-free workplace;

3) Any available drug counseling, rehabilitation, and employee assistance programs; and

4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1) Abide by the terms of the statement; and

2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

e) Notifying the County, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the County;

f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted—

1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).

Grantees Who Are Individuals As required by the Drug-Free Workplace Act of 1988:

A. As a condition of the grant, the Contractor assures the County that it will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and

B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, the Contractor agrees to report the conviction, in writing, within 10 calendar days of the conviction, to the County.

ARTICLE XV - FEDERAL PROCUREMENT STANDARDS

The Contractor assures the County that it will follow federal procurement standards as described in the Code of Federal Regulations Part 215 Subpart C – Post-Award Requirements, Procurement Standards, Sections 215.40-48 when procuring goods or services with federal funds to insure that procurement decisions are made ethically and with free and open competition among those providing the goods or services.

ARTICLE XVI - EQUAL EMPLOYMENT OPPORTUNITY

The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual orientation, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief (except as it relates to a bona fide occupational qualification reasonably necessary to the normal operation of the business).

The Contractor will take affirmative action to eliminate discrimination based on sex, race, or a handicap in the hiring of applicant and the treatment of employees. Affirmative action will include, but not be limited to: Employment; upgrading, demotion or transfer;

recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship.

The Contractor 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 the Contractor, will state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, sexual orientation, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief.

ARTICLE XVII - LIVING WAGE

The parties understand that the County has enacted a Living Wage Ordinance that requires covered vendors who execute a service or professional service contract with the County to pay their employees under that contract, a minimum of either $17.42 per hour with benefits or $19.42 per hour without benefits. Contractor agrees to comply with this Ordinance in paying its employees. Contractor understands and agrees that an adjustment of the living wage amounts, based upon the Health and Human Services poverty guidelines, will be made on or before April 29, 2027 and annually thereafter which amount shall be automatically incorporated into this contract. County agrees to give Contractor thirty (30) days written notice of such change. Contractor agrees to post a notice containing the County’s Living Wage requirements at a location at its place of business accessed by its employees.

ARTICLE XVIII - EQUAL ACCESS

The Contractor shall provide the services set forth in Article I without discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, physical handicap, or age.

ARTICLE XIX - OWNERSHIP OF DOCUMENTS AND PUBLICATION

All documents developed as a result of this contract will be freely available to the public. None may be copyrighted by the Contractor. During the performance of the services, the Contractor will be responsible for any loss of or damage to the documents while they are in its possession and must restore the loss or damage at its expense.

Any use of the information and results of this contract by the Contractor must reference the project sponsorship by the County. Any publication of the information or results must be co-authored by the County.

ARTICLE XX - ASSIGNS AND SUCCESSORS

This contract is binding on the County and the Contractor, their successors and assigns. Neither the County nor the Contractor will assign or transfer its interest in this contract without the written consent of the County Administrator, Corporation Counsel, and Contractor.

ARTICLE XXI - TERMINATION OF CONTRACT

Section 1 - Termination without cause. Either party may terminate the contract by giving thirty (30) days written notice to the other party.

Section 2 - In the event of any breach or default by the County or the Contractor of the terms and conditions of this Agreement, the party not in default will give written notice to the party in default specifying the acts and/or omissions constituting the alleged default or breach; if within fifteen (15) working days after issuance of such notice, the party in default has failed to cure such default, then in that event, the party not in default may terminate this Agreement and exercise such other rights as are provided herein and by law for breach of contract; provided, however, that if the alleged default can be cured by the performance of work or repairs or by some act, the performance of which requires a period of time, such default will be determined to have been cured if, within the above-referenced fifteen (15) working days, the party allegedly in default has begun to cure the default and continues until such default is cured within a reasonable time.

ARTICLE XXII - PAYROLL TAXES

The Contractor is responsible for all applicable state and federal social security benefits and unemployment taxes and agrees to indemnify and protect the County against such liability.

ARTICLE XXIII- PRACTICE AND ETHICS

The parties will conform to the code of ethics of their respective national professional associations.

ARTICLE XXIV- CHANGES IN SCOPE OR SCHEDULE OF SERVICES

Changes mutually agreed upon by the County and the Contractor, will be incorporated into this contract by written amendments signed by both parties.

ARTICLE XXV - CHOICE OF LAW AND FORUM

This contract is to be interpreted by the laws of Michigan. The parties agree that the proper forum for litigation arising out of this contract is in Washtenaw County, Michigan.

ARTICLE XXVI-FEDERALLY REQUIRED PROVISIONS

When applicable, the following provisions shall apply to contracts funded in whole, or in part, by federal award monies:

For “federally assisted construction contracts” as defined by 41 CFR Part 60-1.3, Contractor must comply with the equal opportunity clause provided under 41 CFR 60— 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964—1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

For all prime construction contracts exceeding $2,000.00 awarded by non- Federal entities, Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 3141— 3144, and 3146—3148), as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Contractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must be paid wages not less than once a week. The parties agree that the County will report all suspected or reported violations of this provision to the Federal awarding agency.

In addition, Contractor must also comply with the Copeland “Anti-Kickback Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Bidding or Public Work Financed in Whole or in Part by Loans or Grants from the United States”) which prohibits Contractor or Subrecipient from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. County shall report all suspected or reported violations to the Federal awarding agency.

If this contract exceeds $100,000.00 and involves the employment of mechanics or laborers, Contractor shall comply with U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). To that extent, Contractor must compute the wages of each mechanic and laborer on the basis of a standard forty (40) hour work week with hours exceeding this standard to be paid at one and one half the standard hourly rate. In addition, Contractor agrees that no mechanic or laborer shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

If the Federal award funding this Agreement meets the definition of “funding agreement” under 37 CFR, Sec. 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental or research work under that funding agreement, the recipient or subrecipient must comply with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

If this Agreement and/or subgrant exceeds $150,000.00, Contractor shall comply with all applicable standards, orders and/or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). The parties agree that the County shall report all violations of these Acts to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (“EPA”).

Contractor agrees to comply with all mandatory standards and policies relating to energy efficiency which are contained in the State of Michigan’s energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (42 U.S.C.

6201).

Contractor agrees to comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352), which prohibits the use of federal funds by the Contractor or subcontractor of a Federal contract, grant, loan or cooperative agreement to pay any person to influence or attempt to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the federal funds awarded under this Agreement.

The parties agree that County and Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include, for those items where the purchase price exceeds $10,000.00 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.00, procuring only items designated in guidelines of the EPA at 40 CFR, Part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program to procuring recovered materials identified in the EPA guidelines.

ARTICLE XXVII - EXTENT OF CONTRACT

This contract represents the entire agreement between the parties and supersedes all prior representations, negotiations or agreements whether written or oral.

ATTESTED TO: WASHTENAW COUNTY

By:___________________________ By:______________________________ Lawrence Kestenbaum (DATE) Derrick Jackson (DATE) County Clerk/Register Interim County Administrator

APPROVED AS TO CONTENT: CONTRACTOR

By:____________________________ By:______________________________ Jimena Loveluck (DATE) CONTRACTOR’S NAME (DATE) Health Officer Title

APPROVED AS TO FORM:

By:____________________________ Michelle K. Billard (DATE) Office of Corporation Counsel

BID SHEET

Required Bacterial Parameters Medium Turn-around Unit Cost____

Coliform, Total* Groundwater 24 hours $ Coliform, Fecal Groundwater 24 hours $ Total Coliform and Plate Count** Swimming pool 24 hours $ E. Coli Surface water 24 hours $ Coliform, Fecal Wastewater 24 hours $

*Presence/absence test with E. coli confirmation on all positive samples. Note: Please include a price for standard plate count upon special request: $_________ **Presence/absence coliform and standard plate count from one sample bottle

Required Chemical Parameters Medium Turn-around Unit Cost

Nitrates Groundwater 5 days $ Nitrites Groundwater 5 days $ Arsenic Groundwater 5 days $ Hardness, total Groundwater 5 days $ Fluoride Groundwater 5 days $ Sodium Groundwater 5 days $ Manganese Groundwater 5 days $ Chloride Groundwater 5 days $ Tannin Groundwater 5 days $ Conductivity Groundwater 5 days $ Barium Groundwater 5 days $ Iron Groundwater 5 days $ Lead Groundwater 5 days $ Sulfate Surface water 5 days $ Surfactant* Surface water 5 days $ Total Phosphorus Surface water 5 days $ Orthophosphate, Phosphorus Surface water 5 days $ Total Organic Carbon Surface water 5 days $ Biochemical Oxygen Demand Surface water 5 days $ Biochemical Oxygen Demand Wastewater 5 days $ Total Suspended Solids (TSS) Wastewater 5 days $ Oil and Grease Surface water 5 days $ Dissolved Oxygen Surface water 5 days $ Ammonia Surface water 5 days $__________

*EPA Method Number for surfactants is: 425.1

Bidder’s Company Name

LOCAL VENDOR PREFERENCE DEFINITIONS:

Federal funded programs, whether they are receiving the funds directly or as a State pass through are exempt as mandated by the Federal Register 2 CFR Chapter I, Chapter II Part 200 section 200.319 Competition 7(b) effective December 26, 2014.

A. Washtenaw County Company – must meet all criteria listed:

1) Its headquarters is physically located within Washtenaw County, or it has been conducting business at a location with a permanent street address in the County on an ongoing basis for not less than one taxable year (12 consecutive months) prior to its bid or response to a

Request for Proposals (RFP).

2) It has made payment of property taxes on real or personal property within the past year on property which is ordinarily needed to perform the proposed contract. Or it has leased property for its Headquarters or business with in Washtenaw County for more than one year (12 consecutive months).

3) It has been dealing for at least one year (12 consecutive months) on a regular commercial basis in the kind of goods or services which are the subject of the bid or proposal.

B. Michigan Company - must meet all criteria listed:

1) Its headquarters is physically located within the State of Michigan, or it has been conducting business at a location with a permanent street address in the State of Michigan on an ongoing basis for not less than one taxable year prior to its bid or response to a Request for Proposals

(RFP).

2) It has made payment of property taxes on real or personal property within the past year on property which is ordinarily needed to perform the proposed contract. Or it has leased property for its Headquarters or business in the State of Michigan for more than one year (12 consecutive months).

3) It has been dealing for at least one year (12 consecutive months) on a regular commercial basis in the kind of goods or services which are the subject of the bid or proposal.

Local Vendor Certification Application & Affidavit

Background: To increase economic opportunity in Washtenaw County and the state of Michigan, the

County provides a local vendor preference (when determining the award) as follows:

Washtenaw County based companies- A 5% discount will be applied to bids greater than $5,000 and up to $200,000 and a 2% discount for bids over $200,000.

State of Michigan based companies – A 3% discount will be applied to bids greater than $25,000 and up to $200,000 and a 1% discount for bids over $200,000.

Local vender preference bid discount is used for the determination of award only. Full bid amount will be granted to vendor, if awarded.

Instructions: To qualify as a Washtenaw County or State of Michigan company, the following information must be provided:

1. If you are an existing Washtenaw County vendor, you do not need to complete the Washtenaw County Vendor Application. However, if you are not an existing Washtenaw County vendor, you will be required to complete the County Vendor Application available at:

http://washtenaw.org/678/How-to-Become-a-Vendor, if/when awarded an RFP from a solicitation.

2. Provide proof that you are a company registered in the State of Michigan by searching for your business on the State of Michigan Corporation Division Business Entity Search (Business Search | MiBusiness Registry Portal). The resulting business Details page must be printed and submitted.

3. Provide proof that you have been at the Physical Address you list below for at least 12 months by providing documentation that your local taxes are current or some other form of proof (e.g.

copies of lease payments, utility bills, etc.). You can provide your local taxes documentation by searching for the municipality in which your business is located on the BS&A Software website (https://bsaonline.com/MunicipalDirectory) (must copy and paste link). After selecting the municipality, select “Tax Information Search” on the left, and search for your business. The resulting Detailed Tax Information page must be printed and submitted. NOTE: If you cannot find your municipality on the BS&A website, call the municipality’s Treasurer and request a Detailed Tax Information Form showing local business tax status. Submit this form instead.

4. Provide the following Affidavit of Qualified Local Vendor by filling out the attached affidavit.

All required application materials must be included in the RFP bid response.

For more information, contact:

Shone Keomahavong Management Assistant

734-222-6845 Keos@washtenaw.org https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwashtenaw.org%2F678%2FHow-to-Become-a-Vendor&data=04%7C01%7Cduffyb%40washtenaw.org%7C7f927d66bbce4b661ea508d998872f3f%7C940f79927c85414e8cb10632dd3a5282%7C0%7C0%7C637708528658078694%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=aSdhJ29oNcapGVzh2hpQrFLbrA25ZQqTROlPL6%2FjhR4%3D&reserved=0 https://mibusinessregistry.lara.state.mi.us/search/business?__cf_chl_tk=r4S4LWTsQGrSYinldgUHheH5fH2CPFdlV32v8CVdmRs-1753651504-1.0.1.1-hh3gDHNNTRcH5RqyPX1OFg_MNhJxIzZGEzPcaTmdoNs https://mibusinessregistry.lara.state.mi.us/search/business?__cf_chl_tk=r4S4LWTsQGrSYinldgUHheH5fH2CPFdlV32v8CVdmRs-1753651504-1.0.1.1-hh3gDHNNTRcH5RqyPX1OFg_MNhJxIzZGEzPcaTmdoNs

Washtenaw County, Michigan Local Vendor Affidavit

Legal Name of Business____________________________________________________________

Federal Taxpayer Identification Number: ___________________________________________________

Type of services provided:

Construction Professional Services Goods & Services

Physical Address of Business Headquarters and/or Permanent Street Address in Washtenaw County or

State of Michigan:

Headquarters- Street Address Permanent-Street Address

City, State & Zip City, State, & Zip

Is this business headquartered in Washtenaw County?

Yes No

Has this business been dealing for at least one year (12 consecutive months) on a regular commercial basis in the kind of goods or services which are the subject of the bid or proposal?

Yes No

Are this business’s local and state tax filings up to date?

Yes No

If no, please explain: _______________________________________________________

Any material misrepresentation of information in this document will be grounds for denial of certification and exclusion from all Washtenaw County contracts for a period of one (1) year.

The undersigned hereby affirms that the applicant firm believes it is qualified for certification as a Local

Vendor, as set forth in the certification guidelines established by Washtenaw County. The undersigned agrees to hold Washtenaw County harmless in any claim arising out of this application or information provided by the applicant and agrees to indemnify Washtenaw County for any liability incurred in connection with this application or with the certification of the applicant firm. Further, the undersigned agrees to inform the County immediately of any changes that result in a change of the certification status of the firm.

Name of Business

Owner or Managing Partner, and Title

Name of Contact Person, and Title

Email Address for Contact Person

Phone Number for Contact Person

Signature of Owner or Managing Partner, and Title Date

Washtenaw County Purchasing Department reserves the right to request additional documentation as deemed necessary.

SIGNATURE PAGE

Signature of Authorized Signer Date

Contact Name (Print) Federal Tax Identification Number

Title Company Name

Office Phone Number Company Address

Cell Phone Number City State Zip

Contact Email County

The above individual is authorized to sign on behalf of company submitting proposal.

Proposals must be signed by an official authorized to bind the provider to its provisions for at least a period of 90 days. Signature page must be signed, box checked below, and returned as part of vendor proposal.

By signing this bid submission, I certify that I and/or my corporation, company, limited liability company, business association, partnership, society, trust or any other non-governmental entity, organization or group is not an “Iran linked business” as defined by P.A. 517 of 2012 (MCLA 129.311 et seq)(“Act”).

I understand that under the Act, an “Iran linked business means an…