HomeMy WebLinkAbout253-19 RESOLUTION113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Resolution: 253-19
File Number: 2019-0712
AMEND RESOLUTION 68-18:
A RESOLUTION TO AMEND RESOLUTION 68-18 TO ALLOW THE CITY TO UTILIZE PRICING
PRESENTED IN THE EXISTING CONTRACT WITH ECOSCONNECT, LLC ON AN AS NEEDED
BASIS AND NOT ON A TOTAL ANNUAL COST
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution 68-18 to
allow the City to utilize pricing presented in the existing contract with EcosConnect, LLC on an as
needed basis and not on a total annual cost.
PASSED and APPROVED on 11/19/2019
Attest: ♦♦♦� LERK j��i,�'
`Cie
Lisa Branson, Deputy CiMVNSAS . �J ♦�.`�
Page 1 Printed on 11120119
City of Fayetteville, Arkansas 113 West Mountain Street
\
Fayetteville, AR 72701
Y
(479) 575-8323
Text File
File Number: 2019-0742
Agenda Date: 11/19/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 4
AMEND RESOLUTION 68-18:
A RESOLUTION TO AMEND RESOLUTION 68-18 TO ALLOW THE CITY TO UTILIZE PRICING
PRESENTED IN THE EXISTING CONTRACT WITH ECOSCONNECT, LLC ON AN AS NEEDED
BASIS AND NOT ON A TOTAL ANNUAL COST
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution 68-18 to
allow the City to utilize pricing presented in the existing contract with EcosConnect, LLC on an as needed basis
and not on a total annual cost.
City of Fayetteville, Arkansas Paye 1 Printed on 11/20/2018
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2019-0742
Legistar File ID
11/19/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/1/2019 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends amending Resolution 68-18 to allow the City to utilize pricing presented in the existing contract
with EcosConnect, LLC on an as needed basis. The existing contract has itemized fees listed in section 3, Fees and
Expenses. Services need to be contracted for an as needed basis and not on a total annual cost.
Budget Impact:
N/A
N/A
Account Number
Fund
N/A
N/A
Project Number
Project Title
Budgeted Item? NA
Current Budget
$ -
Funds Obligated
$ -
Current Balance
$ -
Does item have a cost? NA
Item Cost
$ -
Budget Adjustment Attached? NA
Budget Adjustment
$ -
Remaining Budget
-
V20180321
Purchase Order Number:
Previous Ordinance or Resolution # 68-18
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
WMO FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 19, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: November 1, 2019
CITY COUNCIL MEMO
SUBJECT: Amendment of Resolution for Backflow Tracking Software and Service
Contract with EcosConnect, LLC
RECOMMENDATION:
Staff recommends amending Resolution 68-18 to allow the City to utilize pricing presented in
the existing contract with EcosConnect, LLC on an as needed basis. The existing contract has
itemized fees listed in section 3, Fees and Expenses. Services need to be contracted for an as
needed basis and not on a total annual cost.
BACKGROUND:
On March 6, 2018, City Council approved Resolution 68-18. The City of Fayetteville Backflow
Division has been using the EcosConnect, LLC service since late in 2018. The resolution was
worded with an annual limitation of $12,000 which was actually the initial setup/start-up fee of
the contract. Costs for this service annually will vary by the total number of notices sent out and
the total number of backflow devices in service; therefore, the resolution needs to be amended
to allow pricing within the contract on an as -needed basis.
DISCUSSION:
The City's appropriation of $12,000 covered all expenses of 2018; but, due to the large number
of notices sent on inception of the program, the $12,000 for 2019 will not cover expenses.
Through the inception of the process, more backflow assemblies were found above the original
estimate. New assemblies are added every year, so not limiting a total dollar amount per year
will allow flexibility to administer the program.
BUDGET/STAFF IMPACT:
Funds are available in the Backflow Prevention Assemblies account.
Attachments:
Resolution 68-18
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 68-18
File Number: 2018-0127
RFP #17-07 ECOSCONNECT, LLC:
A RESOLUTION TO AWARD RFP #17-07 AND AUTHORIZE THE MAYOR TO SIGN A ONE-YEAR
CONTRACT WITH ECOSCONNECT, LLC, WITH AN OPTION TO RENEW FOR UP TO FOUR
ADDITIONAL ONE-YEAR TERMS, IN THE AMOUNT OF $12,000.00 PER YEAR FOR BACKFLOW
TRACKING SERVICES
WHEREAS, the City's Backflow Program has always internally handled backflow assembly test and survey
submissions and customer notifications regarding backflow assemblies; and
WHEREAS, more than 12,000 backflow assemblies are currently in place around the City with more
than 500 added each year; and
WHEREAS, Backflow Program staff recommended moving to a web -based backflow prevention/cross
connection tracking software application with program support services that will allow staff to keep
track of the increasing numbers of assemblies and test reports.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #17-07 and
authorizes Mayor Jordan to sign a one-year contract with EcosConnect, LLC, with an option to renew
for up to four additional one-year terms, in the amount of $12,000.00 per year for backflow tracking
services.
PASSED and APPROVED on 3/6/2018
Page 1 Printed on 317118
Resolution: 68-18
File Number: 2018-0127
Attest:
Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 317118
City of Fayetteville, Arkansas 113 West Mountain street
\1� Fayetteville, AR 72701
�• (479) 575-8323
Text File
File Number: 2018-0127
Agenda Date: 3/6/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 5
RFP #17-07 ECOSCONNECT, LLC:
A RESOLUTION TO AWARD RFP #17-07 AND AUTHORIZE THE MAYOR TO SIGN A
ONE-YEAR CONTRACT WITH ECOSCONNECT, LLC, WITH AN OPTION TO RENEW FOR UP
TO FOUR ADDITIONAL ONE-YEAR TERMS, IN THE AMOUNT OF $12,000.00 PER YEAR FOR
BACKFLOW TRACKING SERVICES
WHEREAS, the City's Backflow Program has always internally handled backflow assembly test and survey
submissions and customer notifications regarding backflow assemblies; and
WHEREAS, more than 12,000 backflow assemblies are currently in place around the City with more than
500 added each year; and
WHEREAS, Backflow Program staff recommended moving to a web -based backflow prevention/cross
connection tracking software application with program support services that will allow staff to keep track of the
increasing numbers of assemblies and test reports.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
ction 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP # 17-07 and
authorizes Mayor Jordan to sign a one-year contract with EcosConnect, LLC, with an option to renew for up
to four additional one-year terms, in the amount of $12,000.00 per year for backflow tracking services.
City of Fayetteville, Arkansas Page 1 Printed on 3/712018
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2018-0127
Legistar File ID
3/6/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/15/2018 Water & Sewer Maintenance /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Staff recommends awarding RFP i#17-07 and authorizing a contract with EcosConnect, LLC in the amount of
$12,000.00 for Backflow Tracking Software and Services for the Backflow Department.
5400.720.1840.5314.00
Account Number
02066.1801
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Water and Sewer
Fund
Backflow Prevention Assemblies
Project Title
Current Budget $ 93,190.00
Funds Obligated $ -
Current Balance $ 93,190.00
Item Cost $ 12,000.00
Budget Adjustment
Remaining Budget $ 81,190.00
V20140710
Previous Ordinance or Resolution b
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 6, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: February 15, 2018
CITY COUNCIL MEMO
SUBJECT: Approval of a Backflow Tracking Software and Service Contract with
EcosConnect, LLC
RECOMMENDATION:
Staff recommends awarding RFP #17-07 and approving a software and service contract with
EcosConnect, LLC in the amount of $12,000.00 for backflow tracking services for the Backflow
Department.
BACKGROUND:
The City of Fayetteville Backflow Department has always internally handled backflow assembly
test and survey submissions (from certified testers) and customer notification regarding their
backflow assemblies. The City currently has over 12,000 backflow assemblies, with more than
500 added each year for the last several years. The Backflow Department is currently in need
of a web -based backflow prevention/cross connection tracking software application and
program support services that will allow for the department to keep track of the increasing
amount of assemblies and test reports.
DISCUSSION:
The City received a proposal from EcosConnect, LLC (RFP #17-07) that will provide the
necessary web -based software and services needed to manage the large number of submitted
assembly test reports, as well as keeping track of all of the backflow assemblies in the City and
when they are to be tested. The software also sends out notifications to customers, telling them
that their assembly needs to be tested or if it is out of compliance. This will save a tremendous
amount of time, and will also create more accurate backflow records as a result of having less
data entry and human error.
EcosConnect, LLC will charge $12,000.00 at the signing of the contract, which will be credited
towards the cost of $1.00 per submitted backflow assembly test report (test reports cost $1.00
per submission thereafter). EcosConnect, LLC will charge $2.00 per customer notification
generated and distributed.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
AftContract for Services:
� C T Y Contract for Backflow Tracking Services
ARSE �� ARKANSAS �" Between the City of Fayetteville, AR
and EcosConnect, LLC.
Renewal Terms: 1 year with 4 renewals
Agreement is made this _I Q LI-" day ofM( r(h —, 2018 by and between the City of Fayetteville,
Arkansas (City) located at 113 W. Mountain, Fayetteville, Arkansas 72701 and EcosConnect, LLC.
(EcosConnect) located at 1925 NW Amberglen Pkwy, Suite 130, Beaverton, OR 97006,
WITNESSETH:
WHEREAS, City has previously determined a need for a PROVIDER FOR BACKFLOW TRACKING SERVICES; and
WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of Fayetteville RFP 17-
07 (herein after referred to as Request for Proposal or RFP), City hereby awards this contract to EcosConnect,
LLC; and
WHEREAS, EcosConnect has represented that it is able to satisfactorily provide these services according
to the terms and conditions of the RFP, which are incorporated herein by reference, and the terms and
conditions are contained herein; and
NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties
agree as follows:
1. Term: This Agreement shall be for an initial one-year period from the effective date of this contract.
This agreement may be renewed for four (4) additional one (1) year terms with approval of both parties.
a. This contract may be canceled by either party with thirty (30) days written notice. In the event
of cancellation, all records pertaining to the City of Fayetteville accounts and records shall
become the property of the City of Fayetteville and turned over accordingly within thirty (30)
calendar days after cancellation of contract. The records shall be delivered to the City of
Fayetteville within a comma separated file (.csv) which will include all data that has been stored
and collected per this contract.
b. Services shall be performed in a timely manner.
c. Failure of EcosConnect to comply with any of the provisions of this Contract shall be considered a
material breach of Contract and shall be cause for immediate termination of the Contract at the
sole discretion of the City.
d. In addition to all other legal remedies available to it, the City reserves the right to cancel or
obtain from another source any services which have not been provided within the period of time
stated in this agreement, or if no such time is stated, within a reasonable period of time from the
date of order or request, as determined by the City.
2. Attachments: The Contract documents which comprise the contract between the City and the
EcosConnect consist of this Contract and the following documents attached hereto, and made a part
hereof. In the event of a conflict between the terms of this Contract and the above referenced
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Last Updated: 01/17/2018
Page 1 of 4
documents, the conflict shall be resolved as follows: the terms of this Contract shall prevail over the
other documents, and the terms of the remaining documents shall be given preference in their above
listed order.
a. Exhibit A: The City's Request for Proposals, inclusive of all Addenda, RFP 17-07
b. Exhibit B: EcosConnect's response to RFP 17-07
c. Exhibit C: Scope of Work
3. Fees and Expenses: The City shall pay EcosConnect usage fees based on the following schedule.
a. Test report/survey submission fee: $1.00 per test report or survey submitted through system.
Billed monthly based on prior month's actual submissions through Service.
b. Initial setup/start-up fee: $12,000.00 due upon contract signing. Credited back against test
report and survey submissions. Credit cannot be applied to Customer notice generation and
distribution fees as described below.
c. Customer notice generation and distribution fee: $2.00 per backflow prevention assembly
listed on each notice for all notices generated and distributed by EcosConnect for benefit of
the City. These fees shall be billed monthly based on prior month's actual production of
notices.
d. Manual Entry of Test Data by Vendor: $4.00 per completed test report (200 completed test
reports minimum). Billed monthly as required.
e. Data entryfees: Fees for backlogged data may be applied to the initial setup/ start-up fee.
f. Taxes: Fee payment amounts under this agreement do not include Taxes, and Customer shall
pay all Taxes applicable to payments between the parties under this agreement. The City is
not a tax-exempt entity.
g. EcosConneck shall track, log and provide reporting data related to this agreement along with
invoice for payment for each month. Annual fee increases shall be capped at 2% for entry fees
and allow for annual for United States Postal Rate increases for notifications.
h. Additional live training: Any additional remote live training in excess of the allowed four (4) hours
per month may be charged at $200.00 per hour. One live on-site training shall be included at
startup. Additional onsite training shall be $1,600.00 per day plus transportation costs as
outlined in EcosConnect's submittal.
4. Notices: Any notice required to be given under this Agreement to either party to the other shall be
sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt
confirmed), or overnight courier.
5. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State
of Arkansas and City ordinances. Venue for all legal disputes shall be Washington County, Arkansas.
6. Entire Agreement: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Neither party shall be bound by any conditions,
definitions, representations or warranties with respect to the subject matter of this Agreement other
than those as expressly provided herein.
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Last Updated: 01/17/2018
Page 2 of 4
7. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this
Contract shall not be allowed without a prior formal amendment to the Contract approved by the Mayor
and the City Council in advance of the change in scope, cost or fees.
8. Contract Administration: The Mayor or his/her Designated Representative shall be the Contract
Administrator for this contract. EcosConnect Principal or his/her Designated Representative shall be the
primary contact for all matters pertaining to this contract.
9. Freedom of Information Act: City contracts and documents prepared while performing city contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request
is presented to the City of Fayetteville, EcosConnect will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et. sec.), exempting those records that, "if disclosed would give advantage to
competitors or bidders," as described in Section (b)(9)(A). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
10. Professional,, Responsibility: EcosConnect shall exercise reasonable skill, care, and diligence in the
performance of services and will carry out its responsibilities in accordance with customarily accepted
professional practices.
11. Assignment and Subcontracting: EcosConnect shall perform this Contract. No assignment or
subcontracting shall be allowed without the prior written consent of the City. In the event of a
corporate acquisition and/or merger, EcosConnect shall provide written notice to the City within thirty
(30) business days of such notice of action or upon the occurrence of said action, whichever occurs first.
The right to terminate this Contract, which shall not be unreasonably exercised by the City, shall include,
but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of
interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a
Proposer, which has disclosed its intent to assign or subcontract in its response to the RFP, without
exception shall constitute approval for purposes of this Agreement.
12. Permits & Licenses: EcosConnect shall secure and maintain any and all permits and licenses required to
complete this Contract.
13. Indemnification: EcosConnect shall indemnify, pay the cost of defense, including but not limited to
attorneys' fees, and hold harmless the City from all suits, actions or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons, or property a result of
or by, or in consequence of any neglect in safeguarding the work; or on account of any act or omission,
neglect or misconduct of EcosConnect; or by, or on account of, any claim or amounts recovered under
the Workers' Compensation Law or of any other laws, by-laws, ordinances, order of decree, except only
such injury or damage as shall have been occasioned by the sole negligence of the City of Fayetteville.
The first ten dollars ($10.00) of compensation received by EcosConnect represents specific consideration
for this indemnification obligation.
14. Payments: The City shall pay all invoices within 30 calendar days of acceptance.
ity of Fayetteville, AR
,iFP 17-07, Backflow Tracking Services
_ast Updated: 01/17/2018
='age 3 of 4
15. Special Conditions:
a. The City reserves the right to review, audit, and examine any and all records obtained by
EcosConnect pertaining to accounts turned over by the City.
b. EcosConnect shall show proof of any required licensing required by the State of Arkansas. Any
required license shall be kept current throughout the term of this Contract. Proof of bonding
certificate and licensing shall be submitted before each renewal.
c. Customer accounts and all associated information updates shall be discontinued by the Ci at
the sole discretion of the City. All historical information may be retained within EcosConnect.
IN WITNESS EREOF,t a parties have executed this Agreement.
By: g
y
LION D JORDAN, M r Paul Molisani, Principal
ATTEST:
Sondra E. Smith, City Clerk/Treasurer
Date Signed: _,3-06--201
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City of Fayetteville, AR
RFP 17-0/, Backflow Tracking Services
Last Updated: 01/1 //2018
Page 4 of 4
WITNESS:----�(��
Date Signed: _a /-) 42 61 S
CITY OF City of Fayetteville, Arkansas
Purchasing Division — Room 306
FA E T E I L L S 113 W. Mountain
ARKANSAS Fayetteville, AR 72701
Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
REQUEST FOR PROPOSAL: RFP 17-07, Backflow Tracking Services
DEADLINE: Thursday July 06, 2017 before 2:00:00 PM, local time
RFP DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Les McGaugh, I_mcgaugh@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: Friday June 09, 2017
REQUEST FOR PROPOSAL
RFP 17-07, Backflow Tracking Services
No late proposals shall be accepted. RFP's shall be submitted in sealed envelopes labeled with the project
number and name as well as the name and address of the firm.
All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information
requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification
will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated
herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part
of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and
City Purchasing Agent.
Name of Firm:
Contact Person:
E -Mail:
Business Address:
City:
Signature:
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 1 of 20
State:
Title:
Phone:
Date:
Zip:
City of Fayetteville
RFP 17-07, Backflow Tracking Services
Advertisement
City of Fayetteville, AR
Request for Proposal
RFP 17-07, Backflow Tracking Services
The City of Fayetteville, Arkansas, invites qualified and experienced vendors to submit responses to Request for
Proposal (RFP) 17-07, Backflow Tracking Services for the purchase of software and monitoring services related
to backflow tracking as described in the scope of services,
To be considered, proposals shall be received at the City Administration Building, City Hall, Purchasing — Room
306, 113 West Mountain, Fayetteville, Arkansas, by Thursday, July 06, 2017 before 2:00:00 PM, local time. No
late submittals shall be accepted.
Project documents & addendums can be obtained by request from the City of Fayetteville via request from Les
McGaugh, Purchasing Agent at lmcgaugh@fayetteviile-ar.gov or (479)575-8220. The invitation to bid, notice of
and addenda issued will be made publically available at http:/Ifayetteville-ar gov/bids. All questions regarding
the process should be directed to Les McGaugh.
Proposals submitted shall be qualified to do business and licensed in accordance with all applicable laws of the
state and local governments where the project is located.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small,
minority and women business enterprises to bid on and receive contracts for goods, services, and construction.
Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified
small, minority and women business enterprises.
The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein and all
Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any
damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse
of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to
this invitation shall constitute an agreement of the Proposer to these conditions
CITY OF FAYETTEVILLE
By: Les McGaugh
Title: Purchasing Agent
Ad date: 06/09/17
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 2 of 20
City of Fayetteville
RFP 17-07, Backflow Tracking Services
Appendix
SECTION:
PAGE NUMBER
Cover Page
01
Advertisement
02
SECTION A: General Terms & Conditions
04
SECTION B: Vendor References
14
SECTION C: Scope of Services and General Information
15
SECTION D: Submittal Signature
19
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 3 of 20
City of Fayetteville
RFP 17-07, Backflow Tracking Services
SECTION A: General Terms & Conditions
1. SUBMISSION OF A PROPOSAL SHALL INCLUDE:
Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements
as specified in the Scope of Work.
a. A written narrative describing the method or manner in which the Proposer proposes to satisfy
requirements of this RFP in the most cost effective manner.
b. A description of the Proposer's experience in providing the same or similar services as outlined in
the RFP. This description should include the names of the person(s) who will provide the
services, their qualifications, and the years of experience in performing this type of work. Also,
include the reference information requested in this RFP.
c. The complete fee and cost to the City for all services outlined in this RFP.
d. Statement should be no more than twenty five (25) pages; single sided, standard, readable, print
on standard 8.5x11 papers. Proposers shall also submit a three (3) page (maximum) executive
summary. The following items will not count toward the page limitations: appendix, cover sheet,
3 -page executive summary, resumes (resumes shall be no more than 1 page per person), and
forms provided by the City for completion.
e. All Proposers shall submit six (6) sets of the proposal as well as one (1) electronic copy on a
properly labeled CD or other electronic media device. The electronic copy submitted should be
contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files
contained on the CD or electronic media shall not be restricted against saving or printing. The
electronic copy shall be identical to the original papers submitted inclusive of City forms for
completion. Electronic copies shall not be submitted via e-mail to City employees by the
Proposer.
f. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this
document. Only the names of Proposers will be available after the deadline until a contract has
been awarded by the Fayetteville City Council. All interested parties understand proposal
documents will not be available until after a valid contract has been executed.
g. Proposers shall submit a proposal based on documentation published by the Fayetteville
Purchasing Division.
h. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of
the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any
packages enclosed in shipping containers or boxes.
i. Proposals must follow the format of the RFP. Proposers should structure their responses to
follow the sequence of the RFP.
j. Proposers shall have experience in work of the same or similar nature, and must provide
references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 4 of 20
clients for whom they have performed similar services and must provide infurrridtiun ds
requested in this document.
k. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached
service agreement must be identified in its response to the RFP. Failure to do so may lead the
City to declare any such term non-negotiable. Proposer's desire to take exception to a non-
negotiable term will not disqualify it from consideration for award.
Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline.
Documents shall be received before the deadline time as shown by the atomic clock located in
the Purchasing Division Office.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be
sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an
addendum if the response would provide clarification to the requirements of the proposal. All such
addenda shall become part of the contract documents. The City will not be responsible for any other
explanation or interpretation of the proposed RFP made or given prior to the award of the contract.
DESCRIPTION OF SUPPLIES AND SERVICES:
Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the
purpose of describing and establishing general quality levels. Such references are NOT intended to be
restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for
any items.
3. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS:
in addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking
firm. Negotiation with an individual Proposer does not require negotiation with others.
The City reserves the right to select the proposal it believes will serve the best interest of the
City.
c. The City of Fayetteville reserves the right to accept or reject any or all proposals.
d. The City of Fayetteville reserves the right to cancel the entire request for proposal.
e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the request for proposal or in proposals submitted.
f. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information or proposal data without changing the terms of the proposal.
g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the
services required on the basis of the original proposals without negotiation.
4. EVALUATION CRITERIA:
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 5 of 20
The evaluation criterion defines the factors that will be used by the selection committee to evaluate and
score responsive, responsible and qualified proposals. Proposers shall include sufficient information to
allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall
be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified
Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked.
5. COSTS INCURRED BY PROPOSERS:
All expenses involved with the preparation and submission of proposals to the City, or any work performed
in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any
responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract
commencement.
6. ORAL PRESENTATION:
An oral presentation and/or interview may be requested of any firm, at the selection committee's
discretion.
7. CONFLICT OF INTEREST:
a. The Proposer represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance or services required
hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City
Employee to Provide Services to the City".
The Proposer shall promptly notify Les McGaugh, City Purchasing Agent, in writing, of all
potential conflicts of interest for any prospective business association, interest, or other
circumstance which may influence or appear to influence the Proposer's judgment or quality of
services being provided. Such written notification shall identify the prospective business
association, interest or circumstance, the nature of which the Proposer may undertake and
request an opinion to the City as to whether the association, interest or circumstance would, in
the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City
agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty
days of receipt of notification.
8. WITHDRAWAL OF PROPOSAL:
A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request
from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time
set for the proposal.
9. LATE PROPOSAL OR MODIFICATIONS:
a. Proposal and modifications received after the time set for the proposal submittal shall not be
considered. Modifications in writing received prior to the deadline will be accepted. The City
will not be responsible for misdirected bids. Proposers should call the Purchasing Division at
(479) 575-8220 to insure receipt of their submittal documents prior to opening time and date
listed.
The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All
proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 6 of 20
clock to determine local Lime shall be Lhe aturnic clock IOCaLed in Lhe Purchasing Divisiun, Ruum
306 of City Hall, 113 W. Mountain, Fayetteville, AR.
10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS.
a. The laws of the State of Arkansas apply to any purchase made under this request for proposal.
Proposers shall comply with all local, state, and federal directives, orders and laws as applicable
to this proposal and subsequent contract(s) including but not limited to Equal Employment
Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this
contract.
Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government
agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said
proposal terms and conditions therein, should any said governmental entity desire to buy under this
proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches,
political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or
other public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
11. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies
that his proposal is made without previous understanding, agreement, or connection with any person, firm
or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
12. RIGHT TO AUDIT FOIA AND JURISDICITON•
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records
relate to purchases between the City and said vendor.
b. Freedom of Information Act: City, contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (contractor) will do
everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the
case.
13. CITY INDEMNIFICATION:
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 7 of 20
The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the services or any part thereof covered by this order, and such obligation shall survive acceptance of the
services and payment thereof by the City.
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for proposal apply to this contract except as
specifically stated in the subsequent sections of this document, which take precedence, and should be fully
understood by Proposers prior to submitting a proposal on this requirement.
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. CERTIFICATE OF INSURANCE:
The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in
this request for proposal, prior to commencement of any work. Such certificate shall list the City of
Fayetteville as an additional insured. Insurance shall remain valid throughout project completion.
17. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same
as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is
responsible for immediately notifying the Purchasing Division of any company name change, which would
cause invoicing to change from the name used at the time of the original RFP. Payment will be made within
thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or
penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to allow any increase ;n
hourly rates by the contract without PRIOR Fayetteville City Council approval.
18. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior
notice to the Contractor in writing of the intention to cancel or with cause if at any time the
Contractor fails to fulfill or abide by any of the terms or conditions specified.
Failure of the contractor to comply with any of the provisions of the contract shall be considered
a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the
right to cancel and obtain from another source, any items and/or services which have not been
delivered within the period of time from the date of order as determined by the City of
Fayetteville.
City of Fayetteville, AR
RFP 1/-07, Backflow Tracking Services
Page 8 of 20
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a Proposer intends to subcontract a portion of this
work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the RFP, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which
may develop during the contract period. This is not an exclusive contract. The City specifically reserves the
right to concurrently contract with other companies for similar work if it deems such an action to be in the
City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each
item.
21. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause
any request for proposal, request for qualification, bid or contract to be rejected.
22. ADDITIONAL REQUIREMENTS:
The City reserves the right to,request additional services relating to this RFP from the Proposer. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 9 of 20
23. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal
will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for
approval and signature of the Mayor.
24. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS:
Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only
in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP
form(s) if sufficient space is not available on the original form for the Proposer to enter a complete
response. Any modifications or alterations to the original RFP documents by the Proposer, whether
intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications
or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and
presented in the form of an addendum to the original RFP documents.
25. OTHER GENERAL CONDITIONS:
a. Proposers must provide the City with their proposals signed by an employee having legal
authority to submit proposals on behalf of the Proposer. The entire cost of preparing and
providingresponses shall be borne by the Proposer.
b. The City reserves the right to request any additional information it deems necessary from any or
all Proposers after the submission deadline.
c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor
does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be
clearly understood that any costs incurred by the Proposer in responding to this request for
proposal is at the Proposer's own risk and expense as a cost of doing business. The City of
Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred,
regardless of whether or not the proposal is accepted.
d. If products, components, or services other than those described in this solicitation document are
proposed, the Proposer must include complete descriptive literature for each. All requests for
additional information must be received within five working days following the request.
e. Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone
(479.575.8220) or e-mail 3mc augh@fayetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate
understanding of the scope of work to be completed and/or goods to be provided. We encourage
all interested parties to ask questions to result in all Proposers being on equal terms.
f. Any inquiries or requests for explanation in regard to the City's requirements shall be made
promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail
(Imcgaugh@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or
clarifications will be given as to the meaning of any part of this request for proposal. All
questions, clarifications, and requests, together with answers, if any, will be provided to all firms
via written addendum. Names of firms submitting any questions, clarifications, or requests will
not be disclosed until after a contract is in place.
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 10 of 20
g. At the discretion of the City, one or more firms may be asked for more detailed information
before final ranking of the firms, which may also include oral interviews.
h. Any information provided herein is intended to assist the Proposer in the preparation of
proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified
Proposers with sufficient basic information to submit proposals meeting minimum specifications
and/or test requirements, but is not intended to limit a RFP's content or to exclude any relevant
or essential data.
i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or
in any manner relating to this Contract shall be controlled by Arkansas law in Washington County.
Proposer hereby expressly and irrevocably waives any claim or defense in any said action or
proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis.
j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due
or to become due hereunder without written consent of City of Fayetteville. In case the successful
Proposer assigns all or any part of any monies due or to become due under this Contract, the
Instrument of assignment shall contain a clause substantially to the effect that is agreed that the
right of the assignee in and to any monies due or to become due to the successful Proposer shall
be subject to prior liens of all persons, firms, and corporations for services rendered or materials
supplied for the performance of the services called for in this contract.
k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the
services shall apply to the contract throughout, and they will be deemed to be included in the
contract as though written out in full herein. The successful Proposer shall keep himself/herself
fully informed of all laws, ordinances and regulations of the Federal, State, and municipal
governments or authorities in any manner affecting those engaged or employed in providing these
services or in any way affecting the conduct of the services and of all orders and decrees of bodies
or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency
should be discovered in these Contract Documents or in the specifications herein referred to, in
relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the
same in writing to the City of Fayetteville.
26. CONTRACT REQUIREMENTS: Any contract between the successful proposer and the City shall include the
following:
a. Indemnification: The awarded Proposer shall indemnify and hold harmless City of Fayetteville and
their agents and employees from and against all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting from the performance of the services, provided that any
such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property, including the loss of use resulting there from; and is
caused in whole or in part by any negligent or willful act or omission of the successful Proposer and
anyone directly or indirectly employed by him/her or anyone for whose acts any of them may be
liable. In any and all claims against City of Fayetteville or any of their agents or employees, by any
employee of the successful Proposer, directly or indirectly employed by him/her, or anyone for
whose acts any of them may be liable, the indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or
for the successful Proposer or under the Workers' Compensation Acts, Disability Benefits Acts or
other employee benefits acts.
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 11 of 20
b. Suspension or Termination of Services: City of Fayetteville or awarded Proposer shall have the
right to terminate this agreement at any time upon thirty (30) days advance written notice to the
other party of its intention to terminate.
c. Laws and Regulations: The successful Proposer's attention is directed to the fact that all applicable
Federal and State laws, municipal ordinances, and the rules and regulations of all authorities
having jurisdiction over the services shall apply to the contract throughout, and they will be
deemed to be included in the contract as though written out in full herein. The successful
Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the
Federal, State, and municipal governments or authorities in any manner affecting those engaged
or employed in providing these services or in any way affecting the conduct of the services and of
all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any
discrepancy or inconsistency should be discovered in these Contract Documents or in the
specifications herein referred to, in relation to any such law, ordinance, regulation, order or
decree, s/he shall herewith report the same in writing to City of Fayetteville.
Proposer shall at all times observe and comply with all such existing and future laws, ordinances and
regulations, and shall protect and indemnify City of Fayetteville and its agents against the violation of
any such law, ordinance, regulation, order or decree, whether by himself/herself or by his/her
employees. Licenses of a temporary nature, necessary for the prosecution of the services shall be
secured and paid for by the successful Proposer.
d. Assignments: The successful Proposer shall not assign the whole or any part of this Contract or any
monies due or to become due hereunder without written consent of City of Fayetteville. In case
the successful Proposer assigns all or any part of any monies due or to become due under this Con-
tract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed
that the right of the assignee in and to any monies due or to become due to the successful
Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered
or materials supplied for the performance of the services called for in this contract.
e. Insurance: The successful Proposer shall not commence work under this contract until all insurance
described below has been obtained, certificate listing the City as an additional insured, and such
insurance has been approved by City of Fayetteville. Premiums for all insurance policies required
shall be the responsibility of the Proposer.
i. Worker's Compensation: Statutory Amount
ii. Comprehensive General & Automobile Insurance
�. Payments: If the Consultant has made application for payment as above, the Project Manager will
issue a request for payment to the Accounting Department for such amount as is determined to be
properly due, or state in writing the itemized and specific reasons for withholding a payment. The
City intends to pay accepted invoice within thirty (30) calendar days. No payment shall constitute
an acceptance of any services not in accordance with the Contract Documents.
i. Final payment: Upon receipt of written notice from the Consultant that all contracted
services are complete, the Project Manager will, within a reasonable time, review all
services and reports. If the Project Manager finds the services and reports of the
Consultant complete and acceptable in accordance with the provisions of the Contract
Documents, s/he shall, within a reasonable time, process a pay request so that final
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 12 of 20
payment can be made. The acceptance of final payment shall constitute a waiver of all
claims by the Consultant except those previously made in writing and still unsettled.
g. Renewable Terms: The City reserves the right to award this contract for a single year, beginning
with the date approved by the Fayetteville City Council, and for four additional automatic one
year renewals. The City reserves the right to cancel this contract within thirty (30) days prior
written notice.
Freedom of Information Act: City of Fayetteville contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information Act. If a
Freedom of Information Act request is presented to the City of Fayetteville, the contractor will
do everything possible to provide the documents in a prompt and timely manner as prescribed in
the Arkansas Freedom of information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized
photo coping costs pursuant to the FOIA may be assessed for this compliance.
Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the
Mayor and the City Council in advance of the change in scope, cost or fees.
27. APPENDIX DOCUMENTS: The appendix documents below are included as part of this RFP
a. Appendix A — Backflow and Meter totals for the City of Fayetteville, AR
b. Appendix B —Ordinance 5970 (Amend § 51.146 Backflow Prevention)
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 13 of 20
A
City of Fayetteville
RFP 17-07, Backflow Tracking Services
SECTION B: Vendor References
I he following information is required from all firms so all statements of qualification may be reviewed and properly evaluated:
COMPANY NAME:
NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION:
TOTAL NUMBER OF CURRENT EMPLOYEES: FULL TIME PARTTIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULL TIME PART TIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST
FIVE (S) YEARS JA Ifields must be completed}:
1. 2.
COMPANY NAME COMPANY NAME
CITY, STATE, ZIP
I CONTACT PERSON
TELEPHONE
i
FAX NUMBER
E-MAIL. ADDRESS
3.
COMPANY NAME
CITY, STATE, ZIP
CONTACT PERSON
TELEPHONE
FAX NUMBER
E MAIL ADDRESS
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 14 of 20
CITY, STA FE, ZIP
CONTACT PERSON
TELEPHONE
FAX NUMBER
E-MAIL ADDRESS
4.
COMPANY NAME
CITY, STATE, ZIP
CONTACT PERSON
TELEPHONE
FAX NUMBER
F -MAIL ADDRESS
City of Fayetteville
RFP 17-07, Backflow Tracking Services
SECTION C: Scope of Work and General Information
1. BACKGROUND
The City of Fayetteville delivers water to residential, commercial, and industrial customers in Fayetteville
as well as smaller communities including Elkins, Farmington, Goshen, Greenland, Mount Olive Rural
Water Association, Wheeler, Johnson (south), Rural Washington County, and West Fork. Services
provided also includes a Cross Connection Program that maintains fire, domestic, and irrigation backflow
records for all backflows in the service area. These backflow preventers protect the public water system
from contamination from the customer's water system. The City's current database consists of several
high health hazard facilities such as wastewater plants, hospitals, health clinics, veterinary clinics, public
schools, University of Arkansas, car washes, restaurants, factories, food processing plants, lawn
irrigations, and thousands of residential customers. The City of Fayetteville is currently tracking an
estimated 6000 commercial, industrial, and commercial irrigation backflow preventers. This does not
include residential at this time. The City anticipates tracking an estimated 4000 residential backflow
preventers in the future.
2. PROJECT SCOPE
The City of Fayetteville is seeking proposals from qualified firms to provide backflow prevention, cross
connection tracking software, and implementation for the Meter Department, Backflow Division.
Proposers are encouraged to be creative in using information provided as a starting point, and as a
baseline in providing a response outlining capabilities of the tracking software application. The proposer
shall provide all labor, materials and equipment necessary to perform the work required for notification
of backflow assembly testing. The proposer shall also provide all labor, materials, and equipment
necessary for an online notification, tracking and data management system which maintains customer,
backflow, and certified tester's information.
3. STATEMENT OF WORK/RESPONSIBILITIES
1. Fayetteville currently utilizes an electronic records keeping software program which can be used
to initially populate the proposers program. However, there may be many test reports and
surveys which may require manual data entry by the proposer prior to implementation.
2. Proposer shall provide and maintain an online hosted database to house Fayetteville's Cross
Connection customer and tester information with the following features:
a. Provide real time access to the customer database to a minimum of 6 (six) licensed users.
b. Provide access to view and export real time compliance reports, customer's testing
information, and certified tester information.
c. Capable of storing at least, but not limited to the following:
i. Test report information of current and past reporting's to include:
1. Property name, address, contact information
2. Backflow test readings, manufacturer, size, model, serial number and location
of assemblies.
d. Maintain record of all letter notifications sent via proposers system including
i. Letters to be sent by the proposer shall include the following, or similar thereto:
1. Test Due
2. Test Past Due
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
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3. Test Failure (if applicable)
4. Insufficient Backflow Protection for the Application (if applicable)
e. Maintain Certified Tester's company information, backflow certification certificates,
licensing, annual test kit calibration certificates
f. Maintain customer information for active and inactive accounts
g. Ability to track all surveys of City's choice
h. Ability to send testing notification to Certified Tester after online submissions
i. Ability to send email notifications of passing reports to customers
j. Ability to send, store, and access additional letter notifications
3. Proposer shall be responsible for issuing multiple letters to properties having testable containment
backflow assemblies in order to facilitate compliance in accordance with Fayetteville's Cross
Connection Ordinances. Format and content of letters shall be approved by the City of Fayetteville in
advance.
4. All correspondence and communication documents including but not limited to letters,
communication in writing, emails, etc. shall give the appearance of being directly from the City even
though the content will be a collaborative effort by the Proposer and the City. Corresponding
documents and letters shall only include City logos.
S. Notifications shall include both customer and backflow assembly information, including when the
backflow assembly is due for annual certification, as well as the last tester on record with contact
information.
6. Proposer shall be responsible to notify Certified Testers of updated information requirements for
test kit and certification requirements. Tester's information shall be kept on record and up to date at
all times.
7. Proposer shall provide education and training for local Certified Testers as well as City of Fayetteville
staff, up to 10 staff members, conducted in an on-site training sessions.
8. Proposer is responsible for providing real time records of non-compliant customers.
9. Proposer shall have the capability to generate letters for enforcement actions or survey/inspection
notification directly from database.
10. Proposer shall include a complete and comprehensive fee schedule. The schedule of fees shall not
change during the term of contracted service.
11. The tracking/software application shall have the following processing functions
a. Data validation
b. Statistical data analysis and graphics
c. Data import/export capability
d. Reporting
e. Photo attachment to backflow test reports
f. Detector meter info to include the read and if it registers in gallon or cubic feet
g. Estimates gallons used on fire lines and pump test
12. The awarded Proposer shall be responsible for developing a process for receiving Fayetteville's
backflow and survey information for both current and new customers, implementing annual
notification dates, and receiving of Certified Tester's information.
4. KEY QUESTIONS: All Proposers shall provide answers to the following questions as part of the response to
this RFP.
1. How long have you been providing cross connection software to customers?
2. How many current customers do you have utilizing the software being proposed?
City of Fayetteville, AR
RFP 17-07, Backtlow Tracking Services
Page 16 of 20
3. What is the largest number of backflow devices thdt d single cuslurnei rndndgeb witli yuui software?
4. How does your tracking/software manage a cross connection control program?
5. How does your software manage customer data and notifications?
6. Describe the extent of compatibility your software interfaces with all current major browsers
including Safari, Chrome, Firefox, and Internet Explorer.
7. Do you offer a mobile application for your software? If yes, what operating systems and devices is
your mobile application compatible with? If yes, is it a separate application or a website formatted
for mobile device viewing?
8. Is the website used by the tester's user mobile friendly? If so, please describe.
9. How is the City's data stored with relation to other customer data?
10. Is customer data and the City's data stored within a dedicated server or shared server?
11. Describe and provide the hosted server and database architecture.
12. Where are your data centers located and how many exist?
13. What provisions are made for high availability within the primary data center?
14. How does failover occur if the primary data center becomes unavailable?
15. How does the City export data from the system for analysis?
16. Describe and provide your backup strategy.
17. Are there application program interfaces (API) available for interfacing to the proposed system?
18. How will your software link with the City's utility customer information? The City currently utilizes
New World ERP, and Hansen
19. Does your software have embedded help documentation? if not, please provide how help
documentation is accessed.
20. How customizable is the tracking/software program to the City's preferences?
21. Does your software offer additional modules? If yes, provide a listing of all modules and their
functionality within RFP response.
22. What is the process and time frame for converting from New World ERP and Hansen to your
software?
5. MANTENANCE AND SUPPORT QUESTIONS: All Proposers shall provide answers to the following questions
as part of the response to this RFP.
1. What type of support does your company offer?
2. List and provide the hours of support with corresponding time zone.
3. How are after hours support request handled?
4. Is there a designated support tech assigned to the City?
5. Is the support honored for the length of the contract?
a. If not what options does your company offer?
6. Describe how the City would request support via telephone and web.
6. TRAINING QUESTIONS: All Proposers shall provide answers to the following questions as part of the
response to this RFP.
1. Does your company offer on-site training workshops?
a. How many?
b. Is there a fee?
c. Does your company offer ongoing web based training?
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 17 of 20
d. If so, how often do you upgrade your online training?
e. What is the cost per day for additional onsite training and how many individuals does that
include?
f. What is the cost per day for remote live training (City staff interacting with company staff to
provide training)?
g. What training does your company offer the testers?
h. Can training be customized for the City's specific needs?
2. Proposers shall include a cost proposal for all personnel requirements and any other applicable cost
associated with the services to be provided. At a minimum, provide the following cost breakdown:
a. Upfront initial setup/start-up costs
b. Annual maintenance costs
c. Periodic software upgrade costs (if applicable)
7. Pay peruse fees (if applicable). All Proposers shall provide answers to the following questions as part of
the response to this RFP.
a. Proposers shall provide a break down of fees if there are different fee structures depending on
customer type (residential, business, government entity, university, etc.)
b. Tester registration fees?
c. Manual entry cost per test for test that may not yet be in our electronic database
d. Fayetteville in-house tracking fees
e. Is there a late fee imposed on those customers that do not comply with proposer requests? If
so, how much?
f. Can the City of Fayetteville elect to pay all or a portion of online submission fees thereby
reducing customer cost?
8. ADDITIONAL QUESTIONS: All Proposers shall provide answers to the following questions as part of the
response to this RFP.
a. Can Fayetteville add to the online submission fees to help cover other program costs?
b. If yes, will Fayetteville receive 100% of the overage above contractor fee?
c. If Fayetteville will not receive 100%, exactly how much will it receive?
d. Is there a cost per letter for the contractor to include mailing Installation Due/Past Due
notices?
e. If yes, how much per letter?
9. REFERENCES: Proposer shall supply four (4) references for which similar services have been provided for
Cross Connection Programs during the past (S) five years. Proposers are advised to provide accurate
reference information. References will be checked during evaluation period. The City reserves the right
to consider experience as part of evaluation.
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 18 of 20
Cily of FayeUeville
RFP 17-07, Backflow Tracking Services
SECTION D: Signature Submittal— Required with all responses
Proposers shall include this form completed in its entirety with RFP response. This form shall not count towards
pace limitations set forth in the RFP.
1. DISCLOSURE INFORMATION
Proposer shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to,
any relationship with any City of Fayetteville employee. Proposer response must disclose if a known
relationship exists between any principal or employee of your firm and any City of Fayetteville employee or
elected City of Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose
such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This
form must be completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain)
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein are accurate and true; and my organization shall comply with all State
and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking
of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary
contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection
committee can call for clarification or interview via telephone.
Corporate Name of Firm
Primary Contact: Title of Primary Contact:
Phone#1 (cell preferred): Phone#2:
E -Mail Address:
3. ACKNOWLEDGEMENT OF ADDENDA
Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by
signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same
extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in
the appropriate blank listed herein. Failure to do so may subject vendor to disqualification.
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 19 of 20
ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED
4. PRICING:
Pricing shall be attached as a separate form. Reference RFP for details on what all pricing shall include:
5. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification
indicating in compliance with the below Federal Executive Order. Certification can be done by completing and
signing this form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are
not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from doing business with the Federal Government.
Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division,
NAME OF COMPANY:
PHYSICAL ADDRESS:
MAILING ADDRESS:
PRINTED NAME:
PHONE: FAX:
E-MAIL:
SIGNATURE:
TITLE: DATE:
DUNS#: TAX ID:
City of Fayetteville, AR
RFP 17-07, Backflow Tracking Services
Page 20 of 20
i
CITY OF
FAYETTEVILLE
ARKANSAS
Backflow Totals
RFP 17-07
Appendix A
Total Water Accounts - 43,259
1 Residential 24,257
2 Commercial, Government, 2,793
and Industrial
3 Yard 2,101
4 Fire 618
Total Estimated Backflows - 12,405
1 Residential 6,064 (This is 25% of the total
accounts)
2 Commercial, Government, 2,800
and Industrial
3 Yard 2,101
4 Fire 1,080 (This is 90% of total accounts x 2
DCDA and DC)
5 UofA
930
x
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 5970
File Number: 2017-0028
AMEND § 51.146 BACKFLOW PREVENTION:
AN ORDINANCE TO AMEND § 51.146 BACKFLOW PREVENTION OF THE
FAYETTEVILLE CODE TO MORE CLOSELY CONFORM TO THE LATEST AMERICAN
WATER WORKS ASSOCIATION AND ARKANSAS STATE PLUMBING CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section i; That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.146 (B)
(6) Air Gap by repealing it and enacting a new (6) Air Gap as shown below
"(6) Air Gap (AG) means a physical separation between the free-flowing discharge end of a
potable water supply pipeline and an open or non -pressure receiving vessel. The air gap shall be at
least 2 '/z times the diameter of the supply pipe. In no case shall it be less than 1 inch."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.146 (C)
Handbook by repealing the end of the sentence "from time to time hereafter be amended" and
enacting a new end of the sentence: "and may be revised as needed."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 51.146 (D)
(l) and (2) and enacts the following replacement (1) and (2)
"(l) The requirements and standards set forth herein shall apply to residential establishments
having in -ground irrigation systems, fire suppression systems, and/or pools and to industrial and
commercial developments and buildings. These establishments, developments and buildings shall
follow the requirements of the Arkansas State Plumbing Code and the City of Fayetteville's
CrossConnection Control Program: Handbook of Policies and Procedures.
Page 1 Printed on 5/09/17
Ordinance. 5970
File Number. 2017-0028
(2) Single-family residential dwelling units, unless involved in commercial operations, are exempt
from the requirements of this section except for residential dwelling units having in -ground
irrigation systems, fire suppression systems, pools or otherwise have a plumbing system that
presents an unreasonable danger of contaminating the public water supply under the purview of
the Arkansas State Plumbing Code or the City of Fayetteville Cross Connection Control
Program: Handbook of Policies and Procedures."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals all use of "Water
and Sewer Division" and enacts the replacement "Utilities Department' throughout § 51.146.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends §51.146(F)(4) by
repealing subsection (b), relettering all following subsections and repealing the current subsection (e) and
enacting the following relettered subsection (d) as follows:
"(d) In the case of any premises where, because of security requirements or other
prohibitions or restrictions, it is impossible or impractical to make a complete
crossconnection survey, the public water system shall be protected by the installation of
a University of Southern California (USC) approved reduced -pressure principle
backflow prevention assembly (RP) or an air gap at the service connection. These
premises will be considered High Hazard."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 51.146
(K) Testing and maintenance and enacts a replacement (K) as follows:
"Testing and maintenance. The customer or the contractor responsible for the installation of the
backflow prevention assembly will notify the Utilities Department immediately after installation of the
assembly for inspection. The customer or contractor shall have the backflow prevention assembly tested
by a state certified testing technician within ten days of the installation date and annually thereafter, and
shall provide the Utilities Department with the proper test forms. In instances where the Utilities
Department, the City of Fayetteville, and/or the plumbing inspector deems the hazard to be great
enough, testing may be required at more frequent intervals. All costs of testing shall be paid by the
customer. Any repairs required as a result of inspections or testing shall be arranged for and paid by the
customer through private contract with a state certified assembly repair technician. Records of inspections,
testing, and/or repairs to backflow preventers shall be kept by the Utilities Department and/or the city
and made available to the state health department upon request. All existing customer premises shall be
incompliance with this section in accordance with the notification by the water utility."
Sectio 7. That the City Council of the City of Fayetteville, Arkansas hereby repeals the last sentence in
§ 51.146 (L) New Construction.
Page 2 Printed on 519117
Ordinance: 5970
Fife Number. 2017-0028
PASSED and APPROVED on 5/2/2017
Attest:
Sondra E. Smith, City Clerk c ytl f • • :�S'�.
`l): FAYETrEVU-E; -
:•+ P'
q
'JtAtA Jam,:
Page 3 Printed on 5/9/17
i .ter—
City of Fayetteville,
Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
I Y
�\- Text File
-- File Number: 2017-0028
Agenda Date: 5/2/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
AMEND § 51.146 BACKFLOW PREVENTION:
AN ORDINANCE TO AMEND § 51.146 BACKFLOW PREVENTION OF THE FAYETTEVILLE
CODE TO MORE CLOSELY CONFORM TO THE LATEST AMERICAN WATER WORKS
ASSOCIATION AND ARKANSAS STATE PLUMBING CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.146(B) (6)
Air Gap by repealing it and enacting a new (6) Air Gap as shown below
"(6) Air Gap (AG) means a physical separation between the free-flowing discharge end of a potable
water supply pipeline and an open or non -pressure receiving vessel. The air gap shall be at least 2 '/2
times the diameter of the supply pipe. In no case shall it be less than 1 inch."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.146 (C)
Handbook by repealing the end of the sentence "from time to time hereafter be amended" and enacting a
new end of the sentence: "and may be revised as needed."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 51.146(D) (l)
and (2) and enacts the following replacement (1) and (2)
"(1) The requirements and standards set forth herein shall apply to residential establishments
having in -ground irrigation systems, fire suppression systems, and/or pools and to industrial and
commercial developments and buildings. These establishments, developments and buildings
shall follow the requirements of the Arkansas State Plumbing Code and the City of Fayetteville's
CrossConnection Control Program: Handbook of Policies and Procedures.
(2) Single-family residential dwelling units, unless involved in commercial operations, are
exempt from the requirements of this section except for residential dwelling units having
in -ground irrigation systems, fire suppression systems, pools or otherwise have a plumbing
system that presents an unreasonable danger of contaminating the public water supply under the
purview of the Arkansas State Plumbing Code or the City of Fayetteville Cross Connection
Control Program: Handbook of Policies and Procedures."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals all use of "Water
City of Fayetteville, Arkansas Page 1 Printed on 5AI2017
Fite Number. 2017-0028
and Sewer Division' and enacts the replacement "Utilities Department" throughout § 51.146.
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends § 51.146(F)(4) by
repealing subsection (b), relettering all following subsections and repealing the current subsection (e)
and enacting the following relettered subsection (d) as follows:
"(d) In the case of any premises where, because of security requirements or other prohibitions
or restrictions, it is impossible or impractical to make a complete crossconnection survey, the
public water system shall be protected by the installation of a University of Southern California
(USC) approved reduced -pressure principle backflow prevention assembly (RP) or an air gap at
the service connection. These premises will be considered High Hazard."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals § 51.146 (K)
Tcsting and maintenance and enacts a replacement (K) as follows:
"Testing and maintenance. The customer or the contractor responsible for the installation of the
backflow prevention assembly will notify the Utilities Department immediately after installation of the
assembly for inspection. The customer or contractor shall have the backflow prevention assembly tested
by a state certified testing technician within ten days of the installation date and annually thereafter, and
shall provide the Utilities Department with the proper test forms. In instances where the Utilities
Department, the City of Fayetteville, and/or the plumbing inspector deems the hazard to be great
enough, testing may be required at more frequent intervals. All costs of testing shall be paid by the
customer. Any repairs required as a result of inspections or testing shall be arranged for and paid by the
customer through private contract with a state certified assembly repair technician. Records of
inspections, testing, and/or repairs to backflow preventers shall be kept by the Utilities Department
and/or the city and made available to the state health department upon request. All existing customer
premises shall be in compliance with this section in accordance with the notification by the water
utility."
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby repeals the last sentence in
§ 51.146 (L) New Construction.
City of Fayetteville, Arkansas P -le 2 Printed on 5/9/2017
City of Fayetteville Staff Review Form
201.7-0028
Legistar File ID
5/2/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Tim Nyander 4/5/2017 Utilities Director
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
AN ORDINANCE TO AMEND § 51.146 BACKFLOW PREVENTION TO MORE CLOSELY CONFORM TO THE LATEST
AWWA AND ARKANSAS STATE PLUMBING CODE STANDARDS
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $ -
Current Balance
Does item have a cost? NA Item Cost $
Budget Adjustment Attached? NA Budget Adjustment $ -
Remaining Budget -�
Previous Ordinance or Resolution #i
Original Contract Number:
Comments:
Approval Date:
V20140710
CITY OF
a e�-I� eAS
MEETING OF MAY 2, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water and Sewer Committee
FROM: Tim Nyander, Utilities Director 79
DATE: April 14, 2017
CITY COUNCIL AGENDA MEMO
SUBJECT: An Ordinance to amend § 51.146 Backflow Prevention to more closely conform
to the latest AWWA and Arkansas State Plumbing Code standards.
RECOMMENDATION:
Staff recommends approval of an Ordinance to amend § 51.146 Backflow Prevention to more
closely conform to the latest AWWA and Arkansas State Plumbing Code standards.
BACKGROUND:
The Backflow Prevention section has not been revised in a number of years. The American
i Water Works Association (AWWA) and Arkansas State Plumbing Code (ASPC) have both been
revised in recent years, and the City of Fayetteville Backflow and Cross Connection standards
need to be amended to reflect those revisions and continue to protect the City of Fayetteville
water supply.
DISCUSSION:
It is requested that the Backflow Prevention code be amended in the following ways:
• Definition of "Air gap" amended to reflect the size of air gap needed for compliance.
• Applicability Section amended to add residential, in -ground irrigation systems, fire
suppression systems, and pools.
• Added to Section (D)(1) regarding residential, commercial and industrial applicability.
• Added to Section (D)(2) regarding single-family residential applicability.
• Deleted section (F)(4)(b).
• Section (F)(4)(e) amended to include "University of Southern California (USC)
approved." Also, added "These premises will be considered High Hazard."
• Amended Section K to include "state" certified testing and "The customer shall be
responsible for all testing annually thereafter."
• "Water & Sewer Division" changed to "Utilities Department" all throughout.
As it is written now, the code states that the City of Fayetteville tests all backflow assemblies
annually, which is not the case. The code should state that the City of Fayetteville inspects the
assemblies after installation, but that the customer or contractor shall be responsible for having
the backflow assemblies tested after installation and annually.
Mailing Address:
113 W. Mountain Street www.fayettevillear.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
None.
ATTACHMENTS:
Staff Review Form
§ 51.146 Backflcw Prevention with Markup
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
51.146 Backflow Prevention (C) Handbook of Policies and Procedures. There is hereby
adopted by the City Council, by reference thereto, the
provisions set forth in the City of Fayetteville Cross -
(A) Purpose. The purpose of this section is as follows: Connection Control Program: Handbook of Policies and
Procedures, as and may be revised as needed. (Fen4ime4o
tyre hereal)er-beamended.
(1) To protect the public water supply of the city from the
possibility of contamination or pollution from backflow into (D) Applicability.
the public water system.
(2) To promote the elimination or control of cross connections,
actual or potential, between the customer's potable water
system(s) and non -potable water systems, plumbing
fixtures, and industrial piping systems.
I (3) To contain at the service connection any actual or potential
pollution or contamination within the customer's premises,
(4) To provide a continuous, systematic, and effective program
of cross-donnection control.
(B) Definitions; For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or
requires a different meaning.
(1) Backflow shall mean a hydraulic condition, caused by a
difference in pressures, in which non -potable water or other
fluids flow Into a potable water system.
(2) Backflow preventer (BFP) shall mean a testable assembly
to prevent backflow.
(3) Cross connection means any actual or potential connection
between the public .water system and a source of
contamination or pollution.
(4) Double-check valve assembly (DC) means a complete
assembly meeting AWWA Standard C510 and the
requirements of the Arkansas State Plumbing Code
consisting of two internally loaded, independently
operating check valves between two tightly closing resilient -
seated shutoff valves, with four properly placed resilient
seated test cocks.
(5) Reduced -pressure principle back/low prevention assembly
(RP) means a complete assembly meeting AWWA Standard
C511 and the requirements of the Arkansas State Plumbing
Code consisting of a hydraulically operating, mechanically
independent differential relief valve located between two
independently operating, internally loaded check valves
that are located between two tightly closing resilient seated
shutoff valves, with four properly placed resilient -seated test
cocks.
(6) Air gap (AG) means a physical separation between two
eip(ng,systertaethe free-flowing discharge end of a potable
water supply pipeline and an open or non -pressure
receiving vessel. The air gap shall beat least 2'/2 times the
diameter of the supply pipe. In no case shall it be less than
1 inch.
(1) The requirements and standards set forth herein shall apply
to residential establishments having in -ground irrigation
systems, fire suppression systems, and/or pools and to
industrial and commercial developments and buildings.
These establishments, developments and buildings shall
follow the requirements of the Arkansas State Plumbing
Code and the City of Fayetteville's Cross -Connection
Control Program: Handbook of Policies and Procedures.
(2) Single-family residential dwelling units, unless involved in
commercial operations, are exempt from the requirements
of -this section except for residential dwelling units having
in -ground irrigation systems, fire suppression systems,
pools or otherwise have a plumbing system that presents
an unreasonable danger of contaminating the public water
supply under the purview of the Arkansas State Plumbing
Code or the City of Fayetteville Cross -Connection Control
Program: Handbook of Policies and Procedures.
(3) These standards are supplemental to and do not
supersede or modify the Arkansas State Plumbing Code
(ASPC) and its- latest revisions under which the city
operates.
(E) Administration.. The Utilities
Department of the city shall be responsible for administration
ofthis section and evaluating the hazards inherent in supplying
a customer's water system,
(F) Back/lowprevention.
(» Evaluation o/ hazards.
Utilities Department shall determine whether solid, liquid,
or gaseous _pollutants or contaminants are, or may be,
handled and/or used on the customer's premises in such a
manner as to possibly contaminate the public water system.
(2) Customer installation of BFP. When a hazard or potential
hazard to the public water system is found on the customer's
premises, the customer shall be required to install an
approved backflow prevention assembly (BFP), or an air
gap, at each public water service connection to the
premises.
(3) Type of BFP;
(a) The type of BFP required shall `depend on the degree
of hazard involved.
(b) Any backflow prevention assembly required herein
shall be an approved type which is in compliance with
requirements of the City of Fayetteville's Cross -
Connection Control Program: Handbook of Policies
and Procedures.
(4) Degree of hazard. The degree of hazard shall be as
determined as set forth in AWWA M-14 manual or as
described below:
(a) In the case of any premises where there is an auxiliary
water supply connected to the plumbing system, the
public water system shall be protected from the
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
possibility of backflow by a reduced- pressure
principle backflow prevention assembly (RP) at the
service connection.
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uble Gherk valve assembly 6}
(c) In the case of any premises where there is any material
hazardous to human health, which is handled and/or
used in such a fashion as to create an actual or
potential threat to the public water system by virtue of a
backflow occurrence, the public water system shall be
protected by an air gap or an approved reduced -
pressure principle backflow prevention assembly (RP).
(d) In the case of any premises where there are
unprotected cross -connections, either actual or
potential, the public water system shall be protected
by an approved reduced -pressure principle backflow
prevention assembly (RP) or an air gap at the service
connection.
(e) in the case of any premises where, because of security
requirements or other prohibitions or restrictions, it is
impossible or impractical to make a complete cross -
connection survey, the public water system shall be
protected by the Installation of an a University of
Southern California (USC) approved reduced -pressure
principle backflow prevention assembly (RP) or an air
gap at the service connection. These premises will be
considered High Hazard.
(G) Noncompliance%mergencies.
(1) Violation notice. Upon discovery of any protective device
required by this section which has not been installed, or is
defective, or has been removed, or altered, or relocated, or
bypassed, (except emergency situations), written notice
shall be given to the customer. Such notice shall set forth the
violation, the remedy required, and the time frame in which
the violation shall be remedied.
(2) Water service discontinued.
(a) If violations are not corrected by the dale and time as
stated on the notice, the water supply will be
discontinued by the INMer and GONOF QMSi9A Utilities
Department.
(b) Discontinued water service shall not be resumed until
conditions at the customer's premises have been abated
or corrected to the satisfaction of the
Mvisiet Utilities Department.
(3) No water service connection. No water service
connection shall be installed on the premises of any
customer unless the public potable water system is
protected as required by this section.
(4) Emergency. In emergency situations when the public
potable water supply is being contaminated or is in
immediate danger of contamination, the water service
shall be discontinued by the water -arid sewer division
Utilities Department immediately without notice.
(H) Right of entry. For the purpose of making any inspections
or discharging the duties imposed by this section, the Water
BAd--Sewer-9ivisi" Utilities Department of the city, the state
health department, and/or plumbing inspector shall have the
right to enter upon the premises of any customer. Each
customer, as a condition of the continued delivery to his
premises of water from the public water supply, shall be
considered as having stated his consent to the entry upon his
premises by the Utilities Department
of the city, the state health department, and/or plumbing
inspector for the purpose stated herein.
(I) Ownership. Backflow prevention assemblies required by this
section will be installed downstream of the water meter and are
owned by, and are the responsibility of the customer of the water
utility.
(J) Installation and costs. Customers of the city water utility
requiring backflow prevention assemblies shall pay all costs
associated with installation of the appropriate size and type of
backflow preventer under private contract. Backflow prevention
assemblies shall be installed in accordance with the
requirements of the city's Cross -Connection Control Program.,
Handbook of Policies and Procedures. The Water-arrd-Sewes
Qivi&km Utilities Department shall review and approve all plans
for placement of backflow preventers prior to installation.
Backflow prevention assemblies not installed in accordance with
the requirements of the city's Cross -Connection Control
Program: Handbook of Policies and Procedures shall be
corrected at the.customer's expense.
(K) Testing and maintenance. The customer or the contractor
responsible for the installation of the backflow prevention
assembly will notify the "e Utilities
Department immediately after installation of the assembly se that
it -sat+ -be. -t for inspection. Thi
Sewer-Dwision- Ril spe*-and3es4-The customer or contractor
shall have the backflow prevention assembly tested by a state
certified testing technician within ten days of. the installation
date, and shall provide the Utilities Department with the proper
test forms. and aignually-44ereaftei,. The Customer shall be
responsible for all testing annually thereafter. In instances where
the Waled-aod-Sewer-Division Utilities Department, the City of
Fayetteville, and/or the .plumbing inspector deems the hazard
to be great enough, testing may be required at more frequent
intervals. All costs of testing shall be paid by the customer. Any
repairs required as a result of inspections or testing shall be
arranged for and paid by the customer through private contract
with a state certified assembly repair technician. Records of
inspections, testing, and/or repairs to backflow preventers shall
be kept by the Water4-Sewer-Depaiknent Utilities Department
and/or the city and made available to the state health department
upon request. All existing customer premises shall be in
compliance with this section in accordance with the notification
by the water utility.
(L) New construction. All new construction within the city shall be
effected upon the passage ofthis section. All exirting-Gustonaer.
prernite5-shalt-be-in-C#np ri in
aesfu
(M) Thermal expansion. It is the responsibility of the customer to
eliminate possible hazards caused by thermal expansion if a
closed system has been created by the installation of a
backflow assembly.
(Ord, No. 4140, §1, 2-2-99; Code 1991, §51.146)
EcosConnec
Backflow Tracking Software/Service Proposal
for the
City of Fayetteville, Arkansas
In Response to RFP #17-07, Backflow Tracking Services
From: EcosConnect LLC
Dated: July 3, 2017
Submitted by:
Paul A. Molisani
Co-founder
EcosConnect LLC
PO Box 981
Wilsonville, OR 97070
503-830-0171
paul@ecosconnect.com
www.ecosconnect.com
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 1 of 28
Introduction/Executive Summary
Thank you for the opportunity to submit this proposal to provide Backflow Prevention/Cross
Connection Control (CCC) tracking software and services to enhance the capabilities, accuracy, and
productivity of the City of Fayetteville's CCC program. EcosConnect is a secure cloud -based
application developed from inception for use by both Cross -Connection Control Specialists (CCS) and
Backflow Assembly Testers (BAT). In fact, our name comes from the concept that cross- connection
control is an "ecosystem" requiring cooperation and collaboration between CCS's, BAT'S, and the
water user. By "connecting" them through a simple, flexible, and efficient software tool, it will enhance
compliance and significantly reduce the likelihood of a backflow event from occurring, while keeping
the costs to do so at a minimum.
EcosConnect is much more than a web -based reporting tool. Our vision is to provide software tools
that help all stakeholders with features and functionality that enable them to manage and track their
complete workflow, record communications between users specific to each test/survey, and facilitate
the logistics required with having multiple parties involved. Our goal is to enrich the role of the CCS
and BAT by reducing and simplifying the administrative activities required of their respective roles so
they can focus on identifying hazards and educating water users on the need to protect against
exposure to those hazards.
The key difference between EcosConnect and competitors is that the core of our system is a work
order/workflow management tool, not just a reporting tool. EcosConnect is easily customized to fit
any process where a deliverable (backflow prevention test, site survey, water quality sample, valve
exercising, hydrant flushing, customer complaint follow-up, etc) is desired and tracking of progress
and results is required for each job. Communication during the process is critical and often needs
to be recorded for legal and administrative purposes, not only at the end of a process when a report
is submitted.
Our competitive research indicates that most of the offerings available today are simply transitioning
the paper report to a digital format with no features or functionality beyond submitting the final report
and some small amount of data aggregation. Photographs and supporting information cannot be
viewed or acted upon until the report has been submitted, or is tracked outside the system by
utilizing phone and/or email communications. EcosConnect provides tools for real-time chat and the
attachment of photos and supporting documentation to each job while it is being performed. This
feature is unique in that it gives the users the opportunity to communicate about issues, or potential
issues, within a specific job so that the appropriate action can be taken early on, thus minimizing the
potential for error and misunderstandings. Additionally, these communications are date/time
stamped and are viewable on the "Job" page along with the test results.
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 2 of 28
Further, EcosConnect can be used as a conduit to share best practices, backflow event history,
training materials, identify security vulnerabilities, and the ability to share technical expertise within
our community of users. These enhanced capabilities, along with others that will be described later
in this proposal, could not be achieved by utilizing a PC based product with a web portal specific to
each water supplier. By being cloud -based, every user has equal importance when it comes to
the release and implementation of new features and response time to address problems. Both
happen promptly without the need to upload a patch or download new software onto your server or
PC.
We have strived to keep the process simple, intuitive, and low cost while providing flexibility with the
level of use that each account holder may desire.
Approach to overall management
Data migration: During the implementation phase, we will have a dedicated project manager to
assist you with defining the data elements you want to collect/track and customization of your
Notices as required. Your customer and assembly data will be imported into our software and
rationalized to make sure it is consistent with industry standard nomenclature (eg.
Conbraco... not CONB).
We offer at no additional cost an initial system introduction and training class to the BAT
community in conjunction with, or immediately following, the Water Supplier training so that
they know what to expect and how to establish their account prior to the actual transition to
EcosConnect from your current system. These classes will include both lecture (show & tell)
and the opportunity for hands-on practice. We generally like to perform these classes at the
water supplier's location but we can perform offsite if necessary. If there are costs to utilize an
offsite location, these are expected to be borne by the water supplier.
Overall Cost Comparison
Our fee structure is simple. $1/test submission plus $2/notice generated and mailed by
EcoConnect to the water user. As an example, if every customer required a Test Due notice
AND a Past Due notice, the cost would be $5 per assembly. It is unlikely that every customer
will need both notices and costs can be reduced by not generating notices to customers
deemed likely to comply (City -owned properties, parks, universities, hospitals, etc).
If the City decides to pass the cost through to the tester, an additional $1/test submission will
be applied.
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 3 of 28
EcosConnect LLC was officially formed in March 2014. However, discovery and development work
actually began in February 2013. The co-founders, Dan Blaisdell and Paul Molisani bring unique
talents and experience to the organization.
Paul has a BS in Mechanical Engineering and an MBA. He has been an Oregon certified BAT and
owner of PM Backflow since 2003, an Oregon certified CCS since 2009, an ABPA certified BAT
since 2013, and recently became certified as both an ABPA proctor and TREEO (Florida) certified
BAT. His experience with CCC programs, backflow testing, and business processes provide the
basis for the development of EcosConnect. Check out his company website at
www.pmbackflow.com.
Dan Blaisdell formed Manifest Web Design in 2008 which currently has 8 contributors to draw from
for talent and support. Manifest develops and maintains several large web and database
applications including the Roloff Family (Little People, Big World), Stark's Vacuum, MediPro, and
InspectorAde. Dan also has served as VP of Engineering for Tiger Logic which was a public company
traded on the Nasdaq under the symbol TIGR until being acquired by SPRINKLR. Additionally, Dan
sits on the Portland Community College web advisory committee. Check out his company website at
www,manifestwebdesicgn.com .
EcosConnect was founded on bringing best practices to the CCC industry. We continually
research software packages offered both within the industry and for other industries. Being a
BAT, Paul has been required to either use, or been exposed to, almost all the PC based programs
and early SaaS programs. This continues to inspire him to identify opportunities above
competitive offerings and formulate features that bring continually increasing value to all users in
the ecosystem surrounding backflow prevention testing and cross connection control. We share
ideas with our users regarding ways to reduce costs and non -value added activities based on
trends we see within our user community.
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 4 of 28
Proposal Criteria
Per the RFP instructions, below are the details of our proposal listed following the format
suggested:
It is our understanding that the City of Fayetteville is seeking a service contract with a provider to
supply a hosted web -based backflow prevention/cross connection tracking software application
and program support services which means to us that you desire software that goes beyond your
current needs and can enhance your program capabilities from where it stands today to one
which can anticipate and facilitate the workflow requirements of the future. It needs to be scalable
(6000 customers to 10,000+) and allow for some customization for Fayetteville's specific needs.
Our users enjoy the benefit of new feature development based on best practices utilized
throughout the industry as well as features that can only be provided with the advent of mobile
and cloud -based computing. We are excited about some productivity tools that are on our
roadmap that our competitors cannot provide given their database and hardware architecture.
A strong CCC program has three primary functions:
1) Tracking compliance and reporting
As you are already aware, the old process of paper reporting and resulting dual entry by the CCS
into a PC based tracking system is cumbersome and prone to errors and omissions.
EcosConnect provides secure online access from any web -enabled device for CCS's and BAT's
to input their respective work directly into the system while in the field or office. Our software
validates that all required fields are populated with data that is relevant. It will not allow an
incomplete report to be submitted (see Exhibit #1) and checks that the BAT has all the proper
credentials and authorization to work in your district (see Exhibit #2 & #3).
Now is the time for the City of Fayetteville to reassess what information you want to collect from
BAT's or other technicians utilizing a software application in the field. Is a specific data element
required, optional if available, or no longer necessary? EcosConnect provides the capability and
flexibility for you to decide what data elements are important to your program and customize the
application to your needs. You are no longer bound by the limitations of what can be fitted on the
paper report format or what other local CCC programs are doing. The test report format for
distribution to the water user is simplified and more easily interpreted by your customer reducing
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 5 of 28
phone calls and emails requesting clarification (see Exhibit #4). Test results are immediately
available for approval/disapproval upon submission...there is no need for synchronization or
quarantine (see Exhibit #5).
Our standard dashboard feature provides a real-time view of how water user compliance stands
against your test anniversary schedule with the ability to click through the graphs to the
underlying reports (see Exhibits #6 & 7). You can also immediately view and respond to problem
areas such as failed assemblies and not waste time viewing/approving individual reports that
have passed with no problems. Additional analytical tools are available for a nominal monthly fee
if your CCS desires to track and report other less common metrics such as real-time views of the
quantity of tests being performed by individual testers and/or companies over a given period of
time, failure rates based on individual tester, failure rates based on make/model/size, and types
of repairs being made. Also, based on the information in your RFP, Fayetteville will be managing
the cross -connection control program(s) for other surrounding districts. EcosConnect provides
the capability for your team to separately identify and track these assemblies within the same log-
in through the use of different "roles" within a profile. No need to log out and log in separately for
management of each district. All analytical and statistical reporting will also be separate. You
simply click on the "role" from a drop down menu to access the specific data for that district. This
is important so that any administrative fees Fayetteville may be charging those districts can be
supported with data relevant to those districts.
2) Communication
The creation and distribution of Notices/Test Reminder Letters to water users is another primary
function of a strong CCC program. With EcosConnect, you can create an unlimited number of
notice formats (1st, 2nd, 3rd reminders, shutoff notices, failed test notice, insufficient backflow
protection, etc) and define rules with regards to when these notices are created and distributed.
The software automatically produces a real-time list that meets your customized rules and the
CCS can direct the system to print and/or email all the notices in the list or choose a subset if
desired. A single PDF file can be created with all notices for easy distribution to your specified
print shop, or each notice can be saved as an individual PDF. The "Assembly History" page
keeps track of when each notice was created and sent to a customer (see Exhibit #8)
Another very useful feature unique to EcosConnect is the ability of CCS's and BAT's to
communicate within the system on each job/test. These communications are recorded and
tracked similar to a chat session (see Exhibit #9). Additionally, users can also include photo
attachment with a posting. When a comment and/or photo is posted by a user, all users within
that job's assignment chain receive an email notification providing the posting and a hyperlink to
the actual job so they can quickly respond if necessary without the need to perform a search for
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 6 of 28
that specific job (see Exhibit #10). Why is this feature so important!?! Simply because tracking
emails and notes outside of the system and remembering actions required can be unwieldy using
a separate email and tickler system.
An enhancement to the feature described above on our development roadmap is to enable the
CCS to require an action be completed by a specific date/time and have the system "ping" the
respective parties if the action is not closed by the required deadline. No more calling or emailing
the BAT to inquire when that backflow preventer is going to be repaired!!! You will be able to post
the action and define when it needs to be completed and the system will let you know if the action
has not been closed within your required timeframe.
We protect personally identifiable information such as name, phone number, and email
addresses by not showing these to a BAT unless they already have a connection to that
customer either through prior testing or input of this information themselves. The BAT inputs a
testing PIN provided by the customer from their reminder notice to obtain the connection to the
site address and related backflow assemblies due for testing.
3) Identification of potential hazards
The last but arguably the most important function of a strong program is to proactively identify
and address potential and actual cross connections and define the level of protection required.
Most CCS's we work with want more time to perform this function through surveys and site
inspections, but are having their work time dominated with chasing down BAT's to revise
incomplete or inaccurate test reports. EcosCon,nect's workflow and feature set will help them gain
back that time and allow them to perform more site visits and educate water users on the
importance of backflow protection.
Another potential hazard that seems to be common across the USA (but not necessarily defined
this way) is the hazard presented by "drive by" testers. Although EcosConnect cannot entirely
stop this "fraud" from happening, the mobile app feature will help reduce it as the BAT can be
required to provide a site confirmation stamp by utilizing our mobile app which will capture GPS
coordinates and date/time of the input. The mobile app is a premium feature with additional
subscription fees applied to the BAT's account. It is still in development and expected to be
completed for use in 2018.
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 7 of 28
3) Statement of WorklReMonsibilities (from this point on, we will use Fayetteville's RFP
text/format with a (response in red and within parenthesis) following each statement or question
to aid in evaluation)
1. Fayetteville currently utilizes an electronic records keeping software program which can be
used to initially populate the proposers program. However, there may be many test reports
and surveys which may require manual data entry by the proposer prior to implementation.
(We provide the ability to manually enter test results by other than the actual tester by
giving the water supplier a "testing role" also. It iS understood that there will be times
when data may need to be entered by someone other than the actual entity responsible
for performing the work. The data is entered and supporting documents are uploaded via
a tester profile under the water supplier account. This maintains the ability to have a
complete data set for reporting purposes. Additionally, the "tester role" listed under the
water supplier can be used for internal testing purposes such as government buildings,
parks, and other areas that may be tested by water supplier staff, not by a private
company. As part of our training process, we like to have historical data used and input
by the actual tester who performed the testing to be submitted as part of the training
process. This accomplishes three goals: 1) Getting the user familiar with the process using
their own data, 2) providing a no cost alternative for historical data input into the system
with less redundant effort, and 3) providing an avenue for the testing company to get its
customer contacts in the system prior to having new jobs created. Should they decide to
use our CRM package, they will have a head start on inputting their customer information.
2. Proposer shall provide and maintain an online hosted database to house Fayetteville's Cross
Connection customer and tester information with the following features:
a. Provide real time access to the customer database to a minimum of 6 (six) licensed
users.
(There is not a limit on the number of Water Supplier users and no fee charged per Water
Supplier user. Additionally, each user can be given different levels of permission to interact
with the system/data (ie. Administrator, Technician, Read-only))
b. Provide access to view and export real time compliance reports, customer's
testing information, and certified tester information. (supported, see Exhibits)
c. Capable of storing at least, but not limited to the following:
i. Test report information of current and past reporting's to include:
1. Property name, address, contact information (supported)
2. Backflow test readings, manufacturer, size, model, serial number
and location of assemblies.
(In addition to the above listed elements, we allow for an unlimited number of contacts
for a specific service address. In many cases, the corporate office may want to have a
notification letter sent to the maintenance manager at the site address but have test
reports sent to both them and the site. EcosConnect supports multiple contacts with
corresponding notice and test report delivery.)
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 8 of 28
Maintain record of all letter notifications sent via proposers system including
i. Letters to be sent by the proposer shall include the following, or similar
thereto:
1. Test Due
2. Test Past Due
3. Test Failure (if applicable)
4. Insufficient Backflow Protection for the Application (if applicable)
(We will work with the City to develop and integrate any content and format of notification(s)
you need that is customizable as your needs change.)
e. Maintain Certified Tester's company information, backflow certification
certificates, licensing, annual test kit calibration certificates (supported, Exhibits
#2 & #3)
f. Maintain customer information for active and inactive accounts (supported,
Exhibit #11)
g. Ability to track all surveys of City's choice (supported, but need your specifics for
the survey)
h. Ability to send testing notification to Certified Tester after online submissions
(Supported by use of date/time stamp for status changes on each job, no need for
separate notification, the testing company can see when they assign work, when it
was submitted throughout the assignment chain, and view/print the test report at
any time in the process)
i. Ability to send email notifications of passing reports to customers (supported, the
testing company has this capability as well as the water supplier to send or resend,
passing or failing reports, as necessary)
j. Ability to send, store, and access additional letter notifications (supported)
3. Proposer shall be responsible for issuing multiple letters to properties having testable
containment backflow assemblies in order to facilitate compliance in,accordance with
Fayetteville's Cross Connection Ordinances. Format and content of letters shall be approved
by the City of Fayetteville in advance. (supported)
4. All correspondence and communication documents including but not limited to letters,
communication in writing, emails, etc. shall give the appearance of being directly from the City
even though the content will be a collaborative effort by the Proposer and the City.
Corresponding documents and letters shall only include City logos. (supported, we will need
the artwork from the City to upload into EcosConnect for placement on correspondence and
documents)
5. Notifications shall include both customer and backflow assembly information, including when
the backflow assembly is due for annual certification, as well as the last tester on record with
contact information. (supported, EcosConnect has suggestions to better facilitate the intent of
making it easier for the customer to contact a tester for service. In many cases, having the last
tester works, but there are times when companies discontinue operation or are disqualified by
a water supplier to work in their district. There are other means to connect a customer to a
qualified tester and make the process even simpler for them. Details can be provided when
EcosConnect is the selected provider or by phone interview prior to provider selection if
desired)
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 9 of 28
6. Proposer shall be responsible to notify Certified Testers of updated information requirements
for test kit and certification requirements. Tester's information shall be kept on record and up
to date at all times. (supported)
7. Proposer shall provide education and training for local Certified Testers as well as City of
Fayetteville staff, up to 10 staff members, conducted in an on-site training sessions.
(supported, no limit to attendees except as applicable to the facility being used and ability to
view display screens)
8. Proposer is responsible for providing real time records of non-compliant customers.
(supported)
9. Proposer shall have the capability to generate letters for enforcement actions or
survey/inspection notification directly from database. (supported)
10. Proposer shall include a complete and comprehensive fee schedule. The schedule of fees shall
not change during the term of contracted service. (supported)
11. The tracking/software application shall have the following processing functions
a. Data validation (supported)
b. Statistical data analysis and graphics (supported)
c. Data import/export capability (supported)
d. Reporting (supported)
e. Photo attachment to backflow test reports (supported, as well as other document
formats)
f. Detector meter info to include the read and if it registers in gallon or cubic feet
(supported, however we do not yet differentiate between gallons or cubic feet. If
necessary, we can develop this capability in our application)
g. Estimates gallons used on fire lines and pump test (not yet supported but can be
developed if necessary)
12. The awarded Proposer shall be responsible for developing a process for receiving Fayetteville's
backflow and survey information for both current and new customers, implementing annual
notification dates, and receiving of Certified Tester's information. (supported)
4) KEY QUEST/ONS: All Proposers shall provide answers to the following questions as part of the
response to this RFP.
1. How long have you been providing cross connection software to customers? (3+ years)
2. How many current customers do you have utilizing the software being proposed? (As this
proposal is public record, we do not disclose this information. We are a newer company
and we are growing. Additional detail can be provided in an oral interview)
3. What is the largest number of backflow devices that a single customer manages with your
software? (27,000+ accounts)
4. How does your tracking/software manage a cross connection control program? (Each
month, the appropriate notice is generated for customers with tests coming due or past
due. These are sent via V class mail, email, or text, depending on customer and water
supplier preference. USPS notices can be in card or letter format, again depending on
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 10 of 28
water supplier preference and notice content. These notices contain a Testing PIN
number which the customer provides to the tester to enable access to the assembly
information and test reporting process. Upon submission of the test results, the water
system has immediate visibility. No synchronization is required.)
5. How does your software manage customer data and notifications? (Ecosconnect
maintains both an Assembly History page, Exhibit #8, to show the complete history of
when and what was sent by whom in terms of notices, test reports, and a Water Service
page showing information about the account including account/site #, meter number,
meter size, service address, and active/inactive assemblies along with other relevant data
to that account. See Exhibit #11. This page is currently being enhanced and will likely
show additional features by the time the City makes a decision. The structure will be very
similar with some additional hyperlinks to aid in navigation to other relevant pages.
6. Describe the extent of compatibility your software interfaces with all current major
browsers including Safari, Chrome, Firefox, and Internet Explorer. (All major browsers are
supported and CIA tested prior to an update or new feature being launched. A
temporary exception tc this is if a „snow -stopper" bug is identified and the system needs
to be updated and running quickly to facilitate immediate use)
7. Do you offer a mobile application for your software? If yes, what operating systems and
devices is your mobile application compatible with? If yes, is it a separate application or a
website formatted for mobile deviceviewing? (Currently, our application is mobile friendly.
An internet connection is required to input data. We are actively developing a native app
to be used with iOS and Android and expect it to be ready for 2018 so that testers, or other
technicians, can continue inputting data even if their internet connection is dropped. Once
reconnected, the system with synchronize and any updated assignments will be visible)
8. Is the website used by the tester's user mobile friendly? If so, please describe. (See
response in question #7 above)
9.. How is the City's data stored with relation to other customer data? (See response in next
question #10 below)
10. Is customer data and the City's data stored within a dedicated server or shared server? (All
the City's data is stored with other customer data within the same database instance on a
dedicated server. This is necessary to enable many of the productivity features and the
single log -in feature for multiple water districts for BAT'S. Please note though that a series
of permissions are required to access certain data and no cl sto Pier's personal data is
accessible unless an already existing relationship has been formed between the tester and
the water user via a PIN or through direct customer access. A user cannot phish for data
in aggregate either. If attempts to do so are identified, the user's account could be
suspended or revoked per our Terms of Use which all users must agree to during the
account establishment process.)
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 11 of 28
0
11. Describe and provide the hosted server and database architecture.
We use Amazon Web Services for all of our hosting. Our technology stack
follows the latest industry standards for scalable and secure cloud applications:
• Encrypted HTTP communication via SSL
• Amazon Elastic Compute (EC2) instances running a web server. These are
regularly patched with the latest operating system security updates and are
behind a strict firewall.
• MySQL Amazon Relational Database (RDS). The database is continuously
backed up and we have the ability to restore to any point in time within the last
30 days. This is also behind a strict firewall.
• Amazon Simple Storage Service (S3) for uploaded file storage.
12. Where are your data centers located and how many exist? (EcosConnect utilizes Amazon
Web Services (AWS) infrastructure which has a 99.9% guaranteed uptime. AWS provides
data backup every 5 minutes and our server resides in their western region facilities.
Should there be a failure of the database server, AWS could almost instantaneously
rebuild the data on another server. Should there be a catastrophic failure, the last 5
minute snapshot could be used to recover)
13. What provisions are made for high availability within the primary data center? (see
response to Questions #11 & 412 above)
14. How does failover occur if the primary data center becomes unavailable? (see response to
Questions #11 & #12 above)
15. How does the City export data from the system foranalysis? Data can be exported to a
CSV file or to PDF by simply selecting the jobs you want to review on the Jobs Grid page
and clicking on the Export button. There are a number of filters to select from to refine
the data being sought or you can simply select all the data.
16. Describe and provide your backup strategy. (see response to Questions #11 & #12 above)
17. Are there application program interfaces (API) available for interfacing to the proposed
system? (An API for new/revised customer and assembly information is provided to
periodically upload data into EcosConnect from your internal system. The timeline for this
action is really dependent on your ability to extract that information from your current
system and put it into a CSV format provided by EcosConnect. We will provide technical
assistance as required.)
18. How will your software link with the City's utility customer information? The City currently
utilizes New World ERP, and Hansen (Our current process is to have a delimited text file
uploaded from your utility software to our AWS S3 dedicated location. We then take that
information and bring it into the EcosConnect database to update any changes you may
have regarding customer accounts. If your utility software provider is open to the idea,
we are seeking to create methods for a more seamless approach by working with them to
develop a script to bring in the necessary information.)
19. Does your software have embedded help documentation? If not, please provide how help
documentation is accessed. (not yet, but documentation and You -Tube training videos are
coming soon)
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
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20. How customizable is the tracking/software program to the City's preferences? (It was
coded to allow flexibility with what data is presented and what type of data needs to be
collected. Again, at its core, it is a work order/workflow management tool which by design
makes it more custornizaNe than: a "reporting' tool offered by others. We would need to
understand what you want it to do for your specific application.)
21. Does your software offer additional modules? If yes, provide a listing of all modules and
their functionality within RFP response. (Yes, it offers additional workflow and reporting
capabilities as described above in Question #20. Each district has their own requirements
whereas backflow testing is somewhat standard across the country. We would need to
know your specific requirements.)
22. What is the process and time frame for converting from New World ERP and Hansen to
your software? (Depending on the integrity and completeness of the data, we estimate it
would take approximately 2-4 weeks to rationalize and upload the data. This assumes we
will have active coeFl.erGtlL.n Wlth the itis team to promptly resolve any Issues Identified)
5) MAINTENANCE AND SUPPORT QUESTIONS: All Proposers shall provide answers to the
following questions as part of the response to this RFP.
1. What type of support does your company offer? (Phone and email (FAQ, a web -based
trouble ticket generator, and You -Tube videos coming soon))
2. List and provide the hours of support with corresponding time zone. (Phone and email
support are officially Monday -Friday 7:OOam-5:00pm Pacific Time. However, the call-in
number will frequently be "manned" outside of those hours as well.)
3. How are after hours support request handled? (If someone is immediately available, we
will respond on the spot. If not, we will respond the next business day during normal
business hours as stated earlier.)
4. Is there a designated support tech assigned to the City? (no, it would not be practical or
cost effective to have a dedicated tech)
5. Is the support honored for the length of the contract? (Yes)
a. If not what options does your company offer?
6. Describe how the City would request support via telephone and web. (Describe the
problem being encountered to the best of your ability to support staff. If possible and
using email, send screenshots. If by phone, describe the problem and we will try to
duplicate it on our end for validation and corrective action.)
6) TRAINING QUESTION&All Proposers shall provide answers to the following questions as
part of the response to this RFP.
Does your company offer on-site training workshops? (Yes)
a. How many? (depends on customer needs and availability of desired attendees)
b. Is there a fee? (Vi training workshop day is no charge except transportation (flight,
car rental and fuel) and lodging expenses. All subsequent on-site training days is
$1600/day plus transportation expenses. Training usually takes less than a full
day.)
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 13 of 28
c. Does your company offer ongoing web based training? (Coming soon)
d. If so, how often do you upgrade your online training? (when available, it will be
updated as new features are launched)
e. What is the cost per day for additional onsite training and how many individuals
does that include? ($1600/day plus transportation expenses. We can
accommodate training to as many as your facility can safely support. We require a
WIN connection, two video screens of a size viewable by all participants in the
room, and ideally a computer for every account holder being trained. It is best if
testers actually bring a laptop or tablet. Use of the EcosConnect system is fairly
intuitive and we strive to make improvements in navigation continuously as new
features are launched.
f. What is the cost per day for remote live training (City staff interacting with
company staff to provide training)? (We do not charge for this service today. We
reserve the right to in the future at $200/hr if our complimentary offer becomes
abused.)
g. What training does your company offer the testers? (We generally like to have the
water supplier training 11t which takes half a day and then offer the testers a
chance to come in to the water supplier's facility for i'raining with the water
supplier's cross connection team present the remaining part of the day. The basic
functionality of assigning and completing a report is quite simple. Should the tester
want to learn more about additional functionality such as our CRM tool and
company analytics (which has a monthly subscription fee per tester and charged
directly to the testing company), we can schedule a separate session with them via
web or on-site at their facility.)
h. Can training be customized for the City's specific needs? (!n most cases, it is! We
have learned that each district has its own twist on certain aspects of operating a
cross connection control program. For example, some districts might want to have
a data element (eg. condition of shutoff valves) as required to be reported whereas
the next district near them does not. The software and training will accommodate
these differences as long as there is not a change being request in the core
functionality of the database.)
2. Proposers shall include a cost proposal for all personnel requirements and any other
applicable cost associated with the services to be provided. At a minimum, provide the
following cost breakdown:
a. Upfront initial setup/start-up costs (For budgetary purposes, we like to have 2 years
"base use" at $1 per test report submission paid upon contract signing. In the case
of this RFP, plan on a non-refundable $12,000.00. We use this amount as a credit
towards the use of the system which is on a pay -per -use structure. In the end, you
get this $12K applied toward the pay -per -use fee so this cost is recovered over time
as reports are submitted and the net result is no start-up costs. Once the credit is
used up, the $1/test report fee is billed monthly to the City based on actual number
of reports submitted by testers using the system the prior month. The credit cannot
be applied to notice generation and mailing costs.)
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 14 of 28
b, Annual maintenance costs ($none)
c. Periodic software upgrade costs (if applicable) ($none)
7) Pale peruse fees (if applicable). All Proposers shall provide answers to the following questions
as part of the response to this RFP.
a. Proposers shall provide a breakdown of fees if there are different fee structures
depending on customer type (residential, business, government entity, university,
etc.)
(EcosConnect tries to keep it simple at $1/test report submitted, no difference
between customer types. We do have an additional notice generation and mailing
fee of $2/assembly for each notice that the City wants produced and mailed by
EcosConnect directly to customers. The overall cost of this is significantly reduced
by early compliance (no need for past due notices) and not having a notice
generated for large customers such as the University, City -owned assemblies, and
other customers with a large number of assemblies that the City deems likely to
comply without a reminder notice. Within our system, we simply do not check the
box on any contact for the customer account that would prompt the generation of
a reminder mailing. Nothing generated by EcosConnect...nothing charged li
b. Tester registration fees? ($none)
c. Manual entry cost per test for test that may not yet be in our electronic database
($none if the tester inputs the legacy test data as part of their training. $4/test
report (200 report minimum) if EcosConnect personnel have to input it manually on
behalf of the City. Legacy test report data must comply with current requirements in
order to be input. In other words, all required fields must be populated with
relevant data prior to being Input... no fudging el0owe d ` Maintc ening the
completeness, integrity, and accuracy of the data is a cornerstone of our process and
system)
d. Fayetteville in-house tracking fees ($1/test report submitted, however, we waive the
monthly subscription cost associated win me "tester" role having advanced
features such as CRN, The City will use til -EW "tester" -c<< tc input tests performed
by City staff and on behalf of testers that are not likely to open an User Account with
EcosConnect.)
Is there a late fee imposed on those customers that do not comply with proposer
requests? If so, how much? (EcosConnect does not impose fees of any kind on the
customer (water user) directly, however, additional fees are accrued for the
additional notices required)
Can the City of Fayetteville elect to pay all or a portion of online submission fees
thereby reducing customer cost? (As stated above, EcosConnect does not impose
fees on the customer (water user) directly. We prefer the City of Fayetteville
absorb the $1/test report submission to simplify the process and not require
testing companies to pay for the basic level of service. If we are required to charge
the testing company for each test, the fee is $2.00/test report submission.
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 15 of 28
Additionally, any notice generation fees passed on to the testers will be at a
negotiated cost for an assumed number of notices to be sent. Acceptance by the
testing community is much higher when they do not experience greater cost which
they then have to absorb or pass through to the water user.)
8) ADDITIONAL. QUESTIONS; All Proposers shall provide answers to the following questions as
part of the response to thisRFP.
a. Can Fayetteville add to the online submission fees to help cover other program
costs? (Yes)
b. If yes, will Fayetteville receive 100% of the overage above contractorfee? (no)
c. If Fayetteville will not receive 100%, exactly how much will it receive? (93%, the
other 7% is to cover administration costs as EcosConnect will likely have a large
number of credit card fees associated with payments made by testing companies as
well as some leve: of "chasing down" of payments. It is unlikely the creditworthiness
of all the testing companies will be the same as the City's. EcosConnect also
reserves the right to suspend or revoke access and use of the system to any account
that is in arrears with payments until that account is made current.)
d. Is there a cost per letter for the contractor to include mailing Installation Due/Past
Due notices? (Yes)
e. If yes, how much per letter? As stated above in the pay per use section, an
additional notice generation and mailing fee of $2/assembly will accrue for each
notice that the City wants produced and mailed 111 class USPS by EcosConnect
directly to customers. The goal of the program should be on-time compliance by
making the process simpler and more efficient thus avoiding additional notices.
9) REFERENCES: Proposer shall supply four (4) references for which similar services have been
provided for Cross Connection Programs during the past (5) five years. Proposers are advised to
provide accurate reference information. References will be checked during evaluation period. The
City reserves the right to consider experience as part of evaluation (see next page of Proposal)
Re�s�pse--c-tfglly submitted, 4
Paul A. Molisani
EcosConnect LLC
503-830-0171
pauI cbecosconnect.com
C I EcosConnect
71 ect
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 16 of 28
City of Fayetteville
RFP 17- 07, Backflow Tracking Services
SECTION B: Vendor References
The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated;
COMPANY NAME: EcosConnect LLC
NUMBER OF YEARS IN BUSINESS: 3+ HOW LONG IN PRESENT LOCATION: 3+
TOTAL NUMBER OF CURRENT EMPLOYEES: 2 FULL TIME 6 PART TIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 0 FULL TIME 2 PARTTIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR WITHIN
THE PAST FIVE (5) YEARS (AII fields must be completed):
1. City of Hillsboro
COMPANY NAME
Hillsboro OR 97123
CITY. STATE. ZIP
Brian Jansen
CONTACT PERSON
503-615-6723
TELEPHONE
FAX NUMBER
Brian. Jansen(a hiilsboro-oregon.gov
E-MAIL ADDRESS
3. Fire Services Plus
COMPANY NAME
Beaverton OR 97007
CITY, STATE, ZIP
Candy Anthony
CONTACT PERSON
503-848-2345
TELEPHONE
FAX NUMBER
service(a)fireservicesplusinc.com
E-MAIL ADDRESS
2. City of Tualatin
COMPANY NAME
Tualatin, OR 97062
CITY, STATE, ZIP
Ernie Castro
CONTACT PERSON
503-691-3098
TELEPHONE
FAX NUMBER
ecastro(Wd.tualatin.or.us
E-MAIL ADDRESS
4. Dynamic Backflow
COMPANY NAME
Wilsonville, OR 97070
CITY, STATE, ZIP
Kevin Kraiewski
CONTACT PERSON
971-983-9456
TELEPHONE
FAX NUMBER
kevin aa�dynamicbackflow.com
E-MAIL ADDRESS
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 17 of 28
Exhibit 1
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 18 of 28
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Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 18 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 20 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 21 of 28
PM Backflow
503-830-0171
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 21 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 22 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 23 of 28
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Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 23 of 28
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Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 24 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 25 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 26 of 28
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Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 26 of 28
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Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 26 of 28
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At 5/23/20174:10 pm, KrejewskL Kevin made the comment:
"Junk piled up around Backflow box."
Job Informatiorv.
#58437- 12732 Bellamy Way Oregon City, OR 97045.1ob can be viewed at t%tllifi�u
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 27 of 28
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At 5/23/20174:10 pm, KrejewskL Kevin made the comment:
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Job Informatiorv.
#58437- 12732 Bellamy Way Oregon City, OR 97045.1ob can be viewed at t%tllifi�u
EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 27 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 28 of 28
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EcosConnect LLC
Proposal in response to City of Fayetteville RFP 17-07, Backflow Tracking Services
Page 28 of 28
C I T',/ 0~
FA ''LLE
ARKANSAS
REQUEST FOR PROPOSAL: RFP 17-07, Backflow Tracking Services
DEADLINE: Thursday July 06, 2017 before 2:00:00 PM, local time
RFP DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Les McGaugh, Imcgaugh@favetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: Friday June 09, 2017
REQUEST FOR PROPOSAL
RFP 17-07, Backflow Tracking Services
No late proposals shall be accepted RFP's shall be submitted in sealed envelopes labeled with the project number
and name as well as the name and address of the firm.
All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information
requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will
be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies..
The undersigned hereby offers to furnish & deliver the articles ar services as specified, at the prices & terms stated herein,
and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this
offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City
Purchasing Agent.
Name of Firm: EcosConnect LI,C
Contact Person: Paul Molisani Title: Co-founder
E -Mail: paulPecosconnect.com Phone: 503-830-0171
Business Address: PO Box 981
City: Wilsonville State: Oregon Zip: 97070
Signature:Date. 7.3/�O1 , 1 � �
City of Fayetteville
RFP 17-07, Backflow Tracking Services
SECTION D: Signature Submittal — Required with all responses
Proposers shall include this form completed in its entirety with RFP response This form shall not count towards
page limitations set forth in the RFP.
1. DISCLOSURE INFORMATION
Proposer shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to,
any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship
exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of
Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such
a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form
must be completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
X 1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain);
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein are accurate and true; and my organization shall comply with all State
and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking
of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary
contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection
committee can call for clarification or interview via telephone.
Corporate Name of Firm: EcosConnect LLC
Primary Contact: Paul Molisani Title of Primary Contact: Co-founder
Phone#1(cell preferred): -503-830-0171 Phone#2:
E -Mail Address: paulgccosconnect.com
3. ACKNOWLEDGEMENT OF ADDENDA
Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by
signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent
as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the
appropriate blank listed herein. Failure to do so may subject vendor to disqualification.
I ADDENDUM NO. I SIGNATURE AND PRINTED NAME I DATE ACKNOWLEDGED
4. PRICING:
Pricing shall be attached as a separate form. Reference RFP for details on what all pricing shall include.
5. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification
indicating in compliance with the below Federal Executive Order. Certification can be done by
completing and signing this form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors
receiving individual awards, using federal funds, and all sub -recipients certify that the organization
and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency from doing business with the Federal
Government.
Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
federal department or agency.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
NAME OF COMPANY: EcosConnect LLC
PHYSICAL ADDRESS: 1915 SW Amberdlen Parkway, Beaverton: OR 97006
MAILING ADDRESS: PO Box 981, Wilsonville OR 97070
PRINTED NAME: Paul Molisani
PHONE: 03-830-0171 FAX: NA
E-MAIL: paulPecosconnect.com
SIGNATURE:
TITLE: Cc -founder DATE: 7 3/2017
DUNS#: NA TAX ID: 47-1282180
CONTRACT FOR SERVICES BETWEEN
CITY OF FAYETTEVII IF, AR AND ECOSCONNECT, LLC
EXHIBIT C— SCOPE OF WORK
1. Services to be Provided:
EcosConnect hereby agrees to provide the City with BACKFLOW TRACKING SERVICES, as requested and
more specifically outlined in the RFP, this Contract, and all subsequent documents that are incorporated
into the terms and conditions and set forth the rights, duties and obligations of the parties pursuant to
this Contract. During the terms of this Agreement, EcosConnect shall:
a. Provide and maintain an online hosted database to house Fayetteville's Cross Connection
customer and tester information with the features as outlined in RFP 17-07.
b. Technical support in case of errors or the need for refunds will be provided from 8:00 AM -5:00
PM Central Standard Time, excluding federal holidays. An emergency contact will be provided for
after-hours emergencies.
c. A secure website that complies with Federal Red Flag Rules and Payment Card Industry Data
Security Standards (PC[ DSS) to protect online users from identity theft and ensure secure credit
card transactions.
d. The website will, at a minimum, support the latest versions of Safari, Firefox, Chrome, and Internet
Explorer as of the contract date. Ensure that the City of Fayetteville's website is kept current to
accommodate updates in the browsers listed above.
e. Provide a responsive designed website that is scales and is functional on a variety of screen sizes
to support mobile device access.
f. Provide a daily backup of City of Fayetteville website and transaction information.
g. Be responsible for issuing multiple letters to properties having testable containment backflow
assemblies to facilitate compliance in accordance with Fayetteville's Cross Connection Ordinances
(Outlined as Appendix B within Exhibit A). Format and content of letters shall be approved by the
City of Fayetteville in advance.
h. All correspondence and communication documents including but not limited to letters,
communication in writing, emails, etc. shall give the appearance of being directly from the City
even though the content will be a collaborative effort with the City. Corresponding documents
and letters shall only include City logos.
i. Notifications shall include both customer and backflow assembly information, including when the
backflow assembly is due for annual certification, as well as the last tester on record with contact
information;
j. Shall notify Certified Testers of updated information requirements for test kit and certification
requirements. Tester's information shall be kept on record and up-to-date at all times.
k. Shall provide education and training for local Certified Testers
I. Shall provide education and training at no additional fee to up to ten City of Fayetteville staff
members.
i. Education and training shall be conducted in an on-site training session and shall include
up to four (4) hours per month of free live remote training.
m. Shall be responsible for providing real time records of non-compliant customers;
n. Shall provide all deliverables and performance measures outlined in the attached Exhibit B.
o. Proposer shall allow the City's GIS department to receive data upon request, within two (2)
business days from date of request;
Privacy
a. The term "customer' in this exhibit shall be defined as the City's customer account.
b. EcosConnect shall collect the following types information for each customer at each location:
a. Name
b. Mailing and Shipping Address
c. E -Mail address (es)
d. Phone number (s)
c. EcosConnect shall not collect credit card information of the City's customers as the City is paying
for fees associated and identified as part of this contract.
d. EcosConnect shall use information provided from each customer only as necessary to complete
the order for service. EcosConnect shall not share information with outside parties.
e. The CCS shall be considered the owner of all data transmitted as part of this agreement.
f. EcosConnect shall use return e-mail addresses to answer the e-mail which was received. Such e-
mail addresses shall not be used for any other purpose and shall not be shared with outside or
third parties.
g. EcosConnect shall take reasonable steps safeguard and verify customer identity before granting
access or making corrections to a customer account. Customers may correct factual errors by
sending EcosConnecta request that credibly shows error.
h. EcosConnect shall maintain a secure network and shall keep all Customer data secure by means of
maintaining a firewall configuration. EcosConnect shall maintain a firewall configuration policy
and conduct configuration tests.
In the event of a data breach of information involving the Customer, EcosConnect shall
notify the City within 12 hours of becoming aware of such breach.
Statistical Information: EcosConn6:ctmay anonymously compile statistical information
related to the performance of the Service for purposes of improving the Service, but
only if such information does not identify the data as Customer's or otherwise
include Customer's name.
3. Publicity:
a. Logos: EcosConnect may include City's name and logos in its customer lists, press releases,
marketing materials, and on its website with advanced approval of the City.
b. Press Releases: EcosConnect may issue a high-level press release announcing the relationship
and the manner in which Customer will use the Service upon advanced approval from the
City.
c. Removal of Logos: The City reserves the right to require EcosConnect to withdraw any use
of City's trademarks, name, and logos if the City reasonably considers that EcosConnect's use
of the trademark, name, and logo is derogatory, defamatory, or detrimental to City or in any
way damages the City's business or reputation.
4. Performance Measures: EcosConnectshaII provide the deliverables as outlined in the attached Exhibit A and B.
5. EcosConnect Policies and Principles: Terms provided in this section shall govern regardless of what terms are
required to access an EcosConnect Account, Application or Website.
a. City employees may need an EcosConnect Account in order to use some Services. City of Fayetteville
employee EcosConnect Accounts shall be assigned by the City.
b. Passwords shall be kept confidential for all EcosConnect Accounts.
c. The City shall be responsible for the activity that happens on or through a City administered EcosConnect
Account. In the event the City learns of any unauthorized use of an employee's password or EcosConnect
Account, the City shall contact EcosConnect.
d. Misuse of EcosConnect Services is prohibited. The City agrees to not interfere with our Services
or try to access them using a method other than the interface and the instructions provided.
City agrees to only use EcosConnect Services only as permitted by law, including applicable
export and re-export control laws and regulations. EcosConnect may suspend or stop providing
Services if the City does not comply with this agreement.
e. Using EcosConnect Services does not give the City ownership of any intellectual property rights
in our Services or the content accessed by the City. The City may not use content from
EcosConnect Services unless you obtain permission from its owner or are otherwise permitted
by law. These terms do not grant the City the right to use any branding or logos used in
EcosConnect Services. City agrees not to remove, obscure, or alter any legal notices displayed in
or along with EcosConnect Services.
f. EcosConnect Services display some content that is not EcosConnect' s. Such content is the sole
responsibility of the entity that makes it available. EcosConnect may review content to determine
whether it is illegal or violates our policies, and we may remove or refuse to display content
that we reasonably believe violates our policies or the law.
g. In connection with EcosConnect Services, EcosConnect may send the City service announcements,
administrative messages, and other information. The City may opt out of some of those
communications.
h. Some of EcosConnect Services are available on mobile devices. City agrees to not use such
Services in a way that distracts or prevents from obeying traffic or safety laws.
i. City's content in EcosConnect Services:
i. EcosConnect Services allow customers to submit content through a local Certified
Tester. The City shall retain ownership of any intellectual property rights that the City
holds in that content. The City's customer list shall not be disclosed to others.
ii. When content is uploaded or otherwise submitted to EcosConnect Services, the City
gives EcosConnect permission to host, store, reproduce, modify, create derivative works
(such as those resulting from translations, adaptations or other changes EcosConnect
makes so that the City's content works better with services provided), communicate,
publish, and distribute such content in order to perform the work defined within the
scope of work. The rights granted in this license are for the limited purpose of operating,
promoting, and improving services, and to develop new ones. This license continues
even if the City stops using EcosConnect Services. Some Services may offer the City ways
to access and remove content that has been provided to that Service.