DTMB-0430 RFP 26373-FINAL_Part1.pdf

DTMB-0430 billable rate (R 2/26)

MINOR STATE CAPITAL OUTLAY PROJECTS

REQUEST FOR PROPOSALS

FROM

PROFESSIONAL SERVICE CONTRACTORS

(Authority PA 431 of 1984)

For Not-to-Exceed Fee, Billable-Rate

Professional Services For

FILE NO. 761/26373.EBB

DEPARTMENT OF ENVIRONMENT, GREAT LAKES AND ENERGY

OTT/STORY/CORDOVA SUPERFUND SITE

REMEDIATION SYSTEM OPERATION AND MAINTENANCE

MUSKEGON, Michigan

PROPOSAL DUE DATE: Thursday, September 10, 2026, at 2:00 p.m., Eastern Time

ISSUING OFFICE

Department of Technology, Management & Budget

State Facilities Administration Design and Construction Division

Minor State Capital Outlay Projects

REQUEST FOR PROPOSALS

Part I - Technical Proposal

Part II – Cost Proposal

Professional Services for

FILE NO. 761/26373.EBB

DEPARTMENT OF ENVIRONMENT, GREAT LAKES AND ENERGY

OTT/STORY/CORDOVA SUPERFUND SITE

REMEDIATION SYSTEM OPERATION AND MAINTENANCE

MUSKEGON, Michigan

SECTION I GENERAL INFORMATION

I-1 Purpose

This Request for Proposals provides the prospective professional service contractor (Professional) with information to enable preparation of a professional services proposal for Ott/Story/Cordova Superfund Site, Remediation System Operation and Maintenance, Muskegon, Michigan. The service to be completed should encompass as a minimum the following phase(s) from the Department of Technology, Management and Budget's (DTMB’s) Sample Standard Contract for Professional Services:

Phase–

900 Operation and Maintenance Services

The minimum professional qualifications to complete the scope of work for this project are demonstrated experience in the successful planning and execution of similar projects in full accordance with all applicable Local, State, and Federal regulations.

I-2 Project/Program Statement

See attached project/program statement for more detailed information. The Professional, by submitting a Technical (Part I) and Cost (Part II) Proposal to DTMB for evaluation, states that they can and will provide a complete design based on the approved project/program statement.

No increase in compensation to the Professional will be allowed unless there is a material change made to the scope of work of the project/program statement and the change to the project/program statement is approved in writing by State Facilities Administration (SFA), Design and Construction Division (DCD).

I-3 Issuing Office

This Request for Proposals is issued by the Department of Technology, Management and Budget (DTMB), on behalf of the Client Agency. PROPOSALS SHALL BE RETURNED TO THE ISSUING OFFICE via State of Michigan Procurement website – SIGMA VSS.

The point of contact for all other items in this Request for Proposal is:

Eric Burtt, Project Director Department of Technology, Management and Budget State Facilities Administration, Design and Construction Division P.O. Box 30026 Lansing, MI 48909 Telephone Number: (517) 657-1487 Email: burtte@michigan.gov

I-4 Contract Award

The professionals will be evaluated based on their Technical Proposal - Part I, and Cost Proposal - Part II. Proposals will be evaluated by an Ad Hoc Advisory Committee based on the Technical Portion - Part I eighty percent (80%) and the Cost Proposal - Part II twenty percent (20%).

DTMB will offer a contract to the professional firm that has been recommended by the Ad Hoc Advisory Committee after their evaluation of the combined Part I - Technical and Part II - Cost Proposals. Recommendation is expected within thirty (30) days following the due date of the proposal. The list of sample contracts can be viewed at our website:

http://www.michigan.gov/dmb/0,4568,7-150-41516-269818--,00.html

Professional firms must attach a signed Certification of a Michigan Based Business and the Responsibility Certification forms.

I-5 Rejection of Proposals

The state reserves the right to reject any or all proposals, in whole or in part, received because of this Request for Proposals.

I-6 Incurring Costs

The state is not liable for any cost incurred by the Professional prior to acceptance of a proposal and the award and execution of a contract and issuance of the state's contract order.

http://www.michigan.gov/dmb/0,4568,7-150-41516-269818--,00.html

I-7 Mandatory Pre- Proposal Meeting

A MANDATORY PRE-PROPOSAL MEETING will be conducted by the Issuing Office for this Request for Proposal at the Former Ott/Story/Cordova Chemical Superfund Site, 453 Agard Rd. located in Muskegon, Michigan, at 10:00 am EST on Wednesday, July 22, 2026.

Questions that arise because of this RFP MUST BE SUBMITTED IN WRITING to the issuing office no later than Wednesday, August 5, 2026, at 5:00 pm EST. If it becomes necessary to amend any part of this RFP, addenda will be posted on the SIGMA VSS website

I-8 Responsibilities of Professional

The Professional will be required to assume responsibility for all professional services offered in their proposal whether or not they possess them within their organization.

Further, the state will consider the Professional to be the sole point of contact regarding contractual matters, including payment of all charges resulting from the contract. The prime professional shall possess a license to practice in the State of Michigan pursuant to the Occupational Code (PA 299 of 1980).

I-9 Proposals

The professional must submit a complete, straightforward response to this Request for Proposal. The proposal should describe the professional’s ability to meet the requirements of the Request for Proposal.

The proposal must be submitted electronically through the State of Michigan Procurement System (SIGMA VSS). No other distribution of proposals will be made by the Professional.

To be considered responsible and responsive, proposals must be uploaded to SIGMA VSS on or before 2:00 p.m., Eastern time (ET), on Thursday, September 10, 2026. Proposal must be signed by an official authorized to bind the professional firm to its provisions. NO

FACSIMILES OR E-MAILS OF THE REQUEST FOR PROPOSAL WILL BE ACCEPTED.

The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Please do not wait until the last minute to submit a proposal, as the SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation, even if a portion of the proposal has been uploaded.

SIGMA has a maximum size limit on file uploads. When uploading, your attachment(s) each attachment must be 25 mb or less.

Also, when entering proposal amount, please enter the total cost amount as the bid amount.

Bidder’s failure to submit a proposal as required may result in being deemed nonresponsive.

Questions on vendor registration, proposal submissions, or navigation in the SIGMA VSS system can be answered by contacting the SIGMA Help Desk either by telephone at

517.284.0540 or toll free at 888.734.9749 or by email at sigma-procurement-helpdesk@michigan.gov mailto:sigma-procurement-helpdesk@michigan.gov mailto:sigma-procurement-helpdesk@michigan.gov

As a public record, all portions of the proposal response and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, the State may exempt some information from disclosure as permitted by law. The State reserves the right to determine whether materials submitted by a bidder fall under applicable FOIA exemptions.

SECTION II PROPOSAL FORMAT - PART I - TECHNICAL

The proposal must be submitted in the format outlined below. Paginate proposals and ensure that the proposals refer specifically to the project at hand. Proofread proposals for language and mathematical errors. The items shown below are considered in the Ad Hoc Committee proposal review of technical qualifications.

II-l General Information and Project Team

State the full name, address, and SIGMA Vendor Number of the organization and, if applicable, the branch office, consultants or other subordinate elements that will provide or assist in providing the service. Indicate whether you operate as an individual, partnership, or corporation. If a corporation, include the state in which you are incorporated. State whether you are licensed to operate and practice in the State of Michigan.

Within the last 5 years, has your company or any of its related business entities defaulted on a contract or had a contract terminated for cause? If yes, provide the date, contracting entity, type of contract, and details about the termination or default.

If awarded a contract, state the specific SIGMA business address which you would like associated for all communication (Contracts, Contract Order, Contract Modifications and Payments).

Please list all person(s) authorized to receive and sign a resulting contract and / or subsequent assignment(s). Please include persons name, title, address, email and phone number

The Professional must include the Certification and Addendum Acknowledgment forms, as well as answers to the Questionnaire, (Attachments VI and VII) at the end of this RFP as part of your proposal response.

II-2 Understanding of Project and Tasks

The Professional must understand the project being considered and the professional services needed to achieve the state’s goal. State your understanding of the project requirements and summarize your plan for accomplishing the project. Outline your experience with similar projects, sites, and clients as examples. Explain how your firm or project team is the best suited to provide the services required for this project and would provide the best value to the State of Michigan for this work.

Completeness of Proposal: The design phase services shall cumulatively include any services required for subsequent issuing and processing of bulletins arising from, but not limited to, design errors and/or omissions, code compliance (precipitating either from plan review or on-site/field observations), or modification of existing structures or systems necessary to achieve the intent of the project statement.

II-3 Personnel

Key Personnel: The Professional must appoint one (1) Project Manager and relevant additional staff who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 24 hours.

The Professional must identify all Key Personnel that will be assigned to this contract in table format which includes the following:

a. Name and title of staff that will be designated as Key Personnel.

b. Key Personnel years of experience in the current classification.

c. Key Personnel’s roles and responsibilities, as they relate to this RFP, if the

Professional is successful in being awarded the Contract. Descriptions of roles should be functional and not just by title.

d. Identify if each Key Personnel is a direct or consultant employee.

e. Identify each Key Personnel’s estimated percentage of work time devoted to this

Contract.

f. Identify where each Key Personnel staff member will be physically located (city and state) during the Contract performance.

The Professional must provide detailed, chronological resumes of all proposed Key Personnel, including a description of their work experience relevant to their proposed role as it relates to the RFP. Qualifications will be measured by education and experience with particular emphasis to experience on projects similar to that described in the RFP.

Provide an organization chart outlining authority and communication lines for each professional firm, including Key Personnel, including sub-consultants, client agency, and

DTMB.

II-4 Management Summary, Work Plan, and Schedule

The Professional must outline their work plan and methodology so that it is understood what services and deliverables will be provided, and the quality of the services and deliverables as well. Describe in detailed narrative form your plan for accomplishing the project. Describe clearly and concisely each professional task, event, and deliverable required for project completion. Do not simply reiterate language and tasks from the DTMB Professional Services Contract. Describe your understanding of the operation and maintenance activities and quality control plan.

II-5 Budget Analysis

Analyze the proposed project budget for adequacy versus the outlined program or project statement. If your professional opinion is that the proposed budget is inadequate provide the basis for your opinion and offer suggestions for managing the issue. This will not adversely affect review of the proposal.

II-6 References

Provide references, with contact information, of previous clients, particularly for similar projects within the last five (5) years. Outline your experience with similar projects, sites, and clients.

SECTION III PROPOSAL FORMAT - PART II - COST

III-1 Instructions and Information – Billable Rate

Part II - Cost Proposal shall carefully interface with all phases/tasks of the work plan identified in Part I - Technical Proposal. The fee requested shall be estimated using billable hourly rates and the hours expected to be necessary by particular staff to complete the phases of work. If sub-consultants are used, their fees shall be provided. No mark-up of the consultants’ fees or billing rates will be allowed.

Reimbursable Expenses: The DTMB will reimburse the Professional for the actual cost of printing and reproduction of project deliverables such as survey and/or study report and bidding documents (drawings and specifications). The DTMB will also reimburse for soil borings, site surveys and any required laboratory testing. No mark-up of reimbursable expenses will be allowed.

All other costs, such as fringe benefits, vacations, sick leave, insurance, meals, lodging, travel, all computer time, and clerical/secretarial services (not project related), telephone services, miscellaneous travel, reproduction services for other than bid documents, employees not providing a direct service, other indirect costs, overhead and profit, shall be included in the calculation of the Professional's billing rates.

If the project is further than 100 miles one-way from the Professional firm’s nearest office or staff member’s work location / departure point (whichever is less), travel expenses to the project site will be allowed as a reimbursable expense at the State of Michigan’s rates, based on DTMB’s Vehicle and Travel Services Travel Rate Reimbursement for premium mileage rates in effect at execution of the contract. Mileage allowed will be actual, less 100 miles each way. Other travel expenses are not to be included, unless specifically authorized in writing. Provide an estimated allowance of reimbursable costs for travel expenses to the project site, in your proposal response.

The design phase services shall include, either by cumulative allowance or by specific task, the furnishing of all project data and services necessary to legally implement the project. This includes but may not be limited to code reviews and/or interpretations, project meetings, presentations, hearings, utility allocations requests, and/or connections, easements, or permits.

Any contract issued by the state pursuant to this proposal anticipates that the Professional will provide, but shall not seek compensation for, services necessary to respond to and resolve contractor claims arising wholly or in part from the Professional's design errors or omissions or other aspects of the design or for any aspect of the professional's performance which is inconsistent with the professional or construction contracts. No task or part thereof may include costs for such efforts.

Cost Review: Cost Proposals are reviewed on Interface and Total Fee. Interface refers to how the effort proposed (defined as the numbers of hours per phase, considered with the staff and classification assigned to that phase) relates to the effort the DTMB and the Client Agency expect or estimate to be required to deliver the project successfully. Total Fee refers to the total of the prime Professionals’ fee, sub-consultants, travel, and other reimbursable expenses.

III-2 Identification of Personnel and Estimated Compensation

Provide compensation information for the Professional as well as any Sub-consultants.

Note that employees of a separate professional firm or consultant, if proposed, should also be included, and noted.

A. Primary Professional and Sub-consultant(s) – Position, Classification and Employee

Billable Rate Information

Using the format of Form II-2-A (attached), identify the service being provided and the Professional’s or Sub-consultant’s employee(s) names and position classifications. See Attachment III for guidelines for position classifications. For each employee, list the current hourly billable rate for each year covered under this proposal. Hourly billing rates shall include any anticipated pay increases over the life of the Professional’s three-year contract duration (one year contract with up to two additional option years.) Sub-consultant fees will be included in the contract as not-to-exceed reimbursable amounts.

To determine current billing rates, use the attached guideline page for information regarding the “Overhead Items used for Professional’s Billing Rates Calculation,” and the attached sample contract, Article II – Compensation. Sub-consultants providing professional services must submit separate billing rates for services to be provided. No mark-up of the sub-consultants’ billing rates will be allowed. Indirect costs shall be factored into the professional’s billing rate.

The total of all phases/tasks shall become the Professional’s maximum not-to-exceed cost for the project. Compensation for each phase will be in accordance with the attached sample contract Article II – Compensation.

Use the attached forms, ATTACHMENT IV and V, to establish your total compensation, contract reimbursables and hourly billing rates.

The following instructions are to be used by the Professional Services Contractor firms to determine the hourly billing rate to be used on State of Michigan Projects.

The Professional’s Consultant must submit a separate hourly billing rate for the professional consultant services they will provide for State of Michigan Projects. No mark-up of the Professional’s Consultant services hourly billing rates will be allowed.

The Department will reimburse the Professional for the actual cost of printing and reproduction of the Contract Bidding Documents, soil borings, surveys and any required laboratory testing services and use of field equipment. No mark-up of these Project costs will be allowed.

2026 HOURLY BILLING RATE

Based on 2025 Expenses

OVERHEAD ITEMS ALLOWED FOR THE PROFESSIONAL SERVICES CONTRACTOR

FIRM’S HOURLY BILLING RATE CALCULATION

SALARIES EMPLOYEE BENEFITS INSURANCE

Principals (Not project related)

Hospitalization

Professional Liability

Clerical / Secretarial

Employer’s Federal Insurance Contributions Act (FICA Tax)

Flight & Commercial Vehicle

Technical (Not Project Related)

Unemployment Insurance

Valuable Papers

Temporary Help - Tax Federal Unemployment Office Liability Technical Training Disability Office Theft Recruiting Expenses Worker’s Compensation Premises Insurance Vacation Key Personnel Insurance

Holidays Sick Pay Medical Payments Pension Funds Life Insurance Retirement Plans

TAXES PROFESSIONAL SERVICES EQUIPMENT RENTALS

Franchise Taxes Accounting Computers Occupancy Tax Legal Word Processor Unincorporated Business Tax Employment Fees Printing Single Business Tax Computer Services Furniture and Fixtures Property Tax Bond Research Instruments Income Tax Project / Contract Bond

LOSSES NONPROFESSIONAL SERVICES OFFICE FACILITIES

Bad Debts (Net) Telephone Rents and Related Expenses Uncollectible Fee Messenger Services Utilities Thefts (not covered by contract / project)

Cleaning and Repairs

Forgeries (not covered by contract/ project)

FINANCIAL PRINTING AND DUPLICATION SUPPLIES

Depreciation

Specifications (other than contract bidding documents)

Postage

Drawings (other than contract bidding documents)

General Office Supplies

Xerox / Reproduction Library Photographs Maps and Charts Magazine Subscriptions

TRAVEL MISCELLANEOUS

All Project Related Travel* Professional Organization Dues for Principals and Employees Licensing Fees

EXAMPLE

III-2-A. Position, Classification and Employee Billing Rate Information

Firm Name XYZ, Inc.

Yearly Hourly Billing Rate Increase 4%

EMPLOYEE(S) NAME POSITION / CLASSIFICATION YEAR

YEAR

YEAR

Robert J. Hafel Principal/Project Manager** $105.00 $110.00 $116.00

Donald McReynolds Lead Operator **

William King Quality Control / Assurance $105.00 $110.00 $116.00

Ruby D. Riley Licensed Surveyor $95.00 $99.00 $104.00

Charles D. Gibson Project Engineer** $95.00 $99.00 $104.00

William D. Murphy Laboratory Manager** $95.00 $99.00 $104.00

Robert L. Hunter Operator 3 $84.00 $88.00 $92.00

Carolyn M. Phillips Hydrogeologist $84.00 $88.00 $92.00

Kathleen C. Wilson Operator 2 $68.00 $71.00 $75.00

Jeffrey W. Bennett Staff Engineer $68.00 $71.00 $75.00

Scott A. Smith Staff Geologist $68.00 $71.00 $75.00

Arnold T. Ross Senior Technician $79.00 $83.00 $87.00

Jennifer M. Dole Technician $68.00 $71.00 $75.00

Brian G. Brown Operator 1 $53.00 $56.00 $59.00

As Selected Technical Support $37.00 $39.00 $41.00

*Billing Rate will be in accordance with the attached guideline page for instructions regarding the "Overhead Items used for Professional Billing Rate Calculation," and the "Sample Standard Contract for Professional Services," Article 2, Compensation Text.

** Key Project Personnel

ATTACHMENT I

PROJECT/PROGRAM STATEMENT

DTMB-0427 (R 04/26)

PROJECT STATEMENT

STATE OF MICHIGAN

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

State Facilities Administration Design and Construction Division

3111 West St. Joseph Street Lansing, Michigan 48909

FILE NUMBER

761/26373.EBB

PROPOSAL DUE DATE

Thursday, September 10, 2026 at 2:00 pm EST

CLIENT AGENCY

Environment, Great Lakes & Energy

PROJECT NAME AND LOCATION

Ott/Story/Cordova Superfund Site Remediation System Operation and Maintenance PROJECT ADDRESS (if applicable) 453 Agard Rd.; Muskegon, MI 49445

CLIENT AGENCY CONTACT

Megan Cynar (cynarm@michigan.gov)

TELEPHONE NUMBER

517-256-2681

DTMB - DCD PROJECT DIRECTOR

Eric Burtt (burtte@michigan.gov)

TELEPHONE NUMBER

517-657-1487

WALK-THROUGH INSPECTION DATE, TIME, AND LOCATION:

DATE : July 22, 2026

TIME: 10:00 EST

LOCATION: Former Ott/Story/Cordova Chemical Superfund Site 453 Agard Rd.

Muskegon, MI 49445

MANDATORY (Check box if Mandatory)

NOTE: An individual is only permitted to represent one bidder at a mandatory walk-through.

PROJECT DESCRIPTION/SERVICES REQUESTED:

The Ott/Story site is a former organic chemical manufacturing facility located in Dalton Township, Muskegon County, Michigan, about five miles north of the city of Muskegon. The facility manufactured various synthetic organic intermediates, particularly those with a phosgene base. The major products were alkyl isocynates, aromatic isocynates, acid chloride, and carbonates. Solvents, such as benzene, toluene, methanol, dimethylaniline, tetrahydrofuran, and carbon tetrachloride, were used in manufacturing processes. By the mid 1970's, contaminated ground water was found on and offsite. In 1982, the United States Environmental Protection Agency (EPA) included the site on the National Priority List (NPL) as an uncontrolled hazardous waste site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) because of the release of hazardous substances from the site.

The scope of this project is to operate and maintain the groundwater extraction and collection system, groundwater treatment facility (GTF), site monitoring system, effluent line, and on-site laboratory. The groundwater extraction and collection system consists of a series of seventeen extraction wells pumping contaminated groundwater through a double containment collection system. An extensive monitoring well system exists as part of this facility. The contaminated groundwater is transported to a flow splitter at the GTF. The GTF is designed with two equal capacity treatment trains, each capable of processing 450 gallons per minute (gpm). The selected firm will be required to effectively conduct and coordinate the activities described in the attached scope of work and related solicitation documents.

Please NOTE:

• Proposal responses MUST be uploaded to SIGMA VSS.

https://sigma.michigan.gov/webapp/PRDVSS1X1/Advantage4 https://sigma.michigan.gov/webapp/PRDVSS1X1/Advantage4

• Please enter the total cost for all phases as the bid amount.

• Firms are encouraged to combine their technical and cost proposals into one (1) attachment for proposal submission.

• Please remember that attachments can be no larger than 25mb.

• Do not wait until just before the 2:00 p.m. solicitation deadline to submit your proposal response.

SIGMA VSS will not allow a proposal to be submitted after 2:00 p.m., even if a portion of the proposal response has been uploaded.

• If you experience issues or have questions regarding your electronic submission, you must contact the SIGMA Help Desk for assistance prior to the 2:00 p.m., solicitation deadline. You may contact the SIGMA Help Desk by telephone at 517.284.0540 or toll-free at 888.734.9749. You may also email the SIGMA Help Desk at sigma-procurement-helpdesk@michigan.gov

• Please email the Design and Construction Contract Specialists if you are having SIGMA VSS issues. Please include your SIGMA ticket number and any supporting documentation (i.e., screenshots) to Anne Watros (WatrosA@michigan.gov) and Don Klein (KleinD4@michigan.gov).

• You may be asked by our contract specialists to email your proposal. Emailed submissions will require DCD approval and will be handled on a case-by-case basis.

• Approved emailed submissions MUST be received prior to 2:00 p.m. deadline to be considered responsive and responsible.

• Responses should not be emailed to the Project Director.

NIGP CODES

92535;92678, 92596, 92615, 92693

DESIRED SCHEDULE OF WORK

12-month contract with up to two single option years

ACCEPTING RFP QUESTIONS UNTIL:

Please do not submit online questions via VSS. ALL questions should be emailed to Eric Burtt at burtte@michigan.gov address no later than 5:00 p.m., Eastern on August 5, 2026.

REFERENCE STANDARDS: This project will comply with all codes, standards, regulations, and workers' safety rules that are administered by federal agencies (EPA, OSHA, and DOT), state agencies (DCH, EGLE, DNR, and MIOSHA), and any other local regulations and standards that may apply.

This form is required to be a part of the professional service contract. (Authority: 1984 PA 431)

Inclusions:

DTMB-430 Request for Proposals (RFP) document with Attachments and Appendices.

Attachments and Appendices to RFP to include:

• Attachment I: DTMB-0427 Project Statement

• Attachment II: Scope of Work o Appendix A: NPDES Permit o Appendix B: Site Daily Logs o Appendix C: Air Quality Substantive Requirements Document o Appendix D: Containers for Off-Site NPDES and Air Sample o Appendix E: Operation and Maintenance (O&M) Manual

• Attachment III: Guidelines for Position Classifications

• Attachment IV: Position/Classification and Employee Billing Rate Information

• Attachment V: Task Cost Sheets

• Attachment VI: Forms mailto:sigma-procurement-helpdesk@michigan.gov mailto:WatrosA@michigan.gov mailto:KleinD4@michigan.gov mailto:burtte@michigan.gov

ATTACHMENT II

SCOPE OF WORK

(Referenced Appendices A-E attached separately)

INTRODUCTION

The scope of this contract includes all work associated with Operation and Maintenance (O&M) of the Ott-Story (OS) Groundwater Treatment Facility (GTF). The O&M Manuals for the Groundwater Treatment Facility are available for the preparation of the Contractor proposal.

Operation of the OS-GTF shall be in accordance with these manuals, unless otherwise indicated.

The Contractor shall be directly responsible for furnishing all labor, materials, equipment, and services required to operate and maintain the system. Upon completion of the contract, the Contractor shall remove from the site all equipment, materials and tools which are not state government or federal government-owned property.

DEFINITION OF TERMS:

The capitalized defined terms used in this Contract shall have the following definitions:

CORRECTIVE ACTION: The Operation and Maintenance Contractor’s investigation, assessment, clean-up, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment or the taking of such other actions as may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources.

EXCURSION: Any deviation in the concentration of a regulated contaminant or chemical constituent in the treatment plant effluent, as measured at the point of regulation (the effluent of the static aerator sometimes referred to as the OxyCharger) outside of the allowable limits as stated in the National Pollution Discharge Elimination System (NPDES) Permit.

FACILITY: The location of the worksite known as the Ott/Story/Cordova Superfund Site Groundwater Treatment Facility (OS-GTF), located at 453 Agard Rd, Dalton Township, Muskegon County, Michigan with a mailing address of 453 Agard Rd, Muskegon, MI 49445.

The Act 451 of 1994 (NREPA) Section 201 definition of “facility” is not used herein.

GENERAL CONDITIONS: All of the labor, equipment, and materials required to support the operation of the Ott Story Cordova Groundwater Treatment Plant, its groundwater collection system, documentation, and site monitoring requirements for the term of the contract.

KEY PRINCIPAL PERSONNEL/EMPLOYEE: The key principal personnel are designated employees of the Operation and Maintenance Contractor’s firm, who are essential for the successful completion of this project’s scope of work. The three Key Principal Employees identified on this project are the Operations Manager, the Chemist, and the Engineer/Project Manager. These individuals shall be identified before the Contact is awarded and they may be replaced only as stipulated in Attachment II of this Contract.

O&M MANUAL: The latest version of the document Operation and Maintenance Manual, Ott/Story/Cordova Groundwater Extraction & Treatment System, including addenda.

OPERATION AND MAINTENANCE CONTRACTOR: A single professional Operation and Maintenance Contractor under Contract with the State of Michigan for Project Phase 900 - Operation and Maintenance Management services. The Operation and Maintenance Contractor is responsible for all Project services, disciplines, investigations, and operation and maintenance of remediation systems, and management services of this Contract during the operation and maintenance Phase to assure that the Project costs will remain within the established Project Budget.

SCHEDULED MAINTENANCE: For the purpose of this contract, scheduled maintenance includes all foreseeable maintenance requirements. Scheduled maintenance includes adjusting, servicing, repairing, overhauling or replacing existing systems and components required to accomplish facility operation, all normal housekeeping activities, items specified within the existing site preventative maintenance computer program, “FTMaintenance Select”, and exterior site maintenance (i.e. snowplowing, lawn mowing, etc.). The Operation and Maintenance Contractor may provide their own preventive maintenance program provided it demonstrates equivalent performance and requires approval from the Owner. Scheduled maintenance includes all foreseeable maintenance requirements, including activities or functions which are performed on a specific schedule, or completed on a regular interval (e.g., monthly oil change). No additional funding will be provided to the Operation and Maintenance Contractor for work performed under scheduled maintenance.

SOIL EROSION AND SEDIMENTATION CONTROL: The planning, design and installation of appropriate Best Management Practices (as defined by the most current version of the Owner’s Soil Erosion and Sedimentation Control Guidebook) designed and engineered specifically to reduce or eliminate the off-site migration of soils via water runoff, wind, vehicle tracking, etc. and comply with the Soil Erosion and Sedimentation Control in the State of Michigan as regulated under the 1994 Public Act 451, as amended – The Natural Resources Environmental Protection Act, Part 91 – Soil Erosion and Sedimentation Control. Soil Erosion and Sedimentation Control associated with this Contract will be monitored and enforced by the Department of Technology, Management and Budget, Facilities and Business Services Administration, Soil Erosion and Sedimentation Control Program.

STATE CONTRACT ADMINISTRATOR: The Michigan Department of Environment, Great Lakes, and Energy (EGLE), Remediation and Redevelopment Division is authorized by the State to administer and interpret the contract on a day-to-day basis during this contract scope of work. However, administration of this contract implies no authority to negotiate, change, modify, amend, or otherwise alter the terms, prices, conditions, and specifications of this contract unless specified within the contract. All other authority is retained by the Department of Technology, Management and Budget, State Facilities Administration, Design and Construction Division.

STATE PROJECT MANAGER: The assigned staff of the Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division authorized by the State to represent and act on behalf of the State Contract Administrator on a given Project and to thereby provide direction and assistance to the Operation and Maintenance Contractor. The State Project Manager may designate in writing a person to act on behalf of the State Project Manager when they are unable to perform their required duties or are away from the office. In such cases, the Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division, State Project Manager must notify the State Contract Administrator and the Operation and Maintenance Contractor.

TRADE CONTRACTOR: Any firm under a separate Contract to the Operation and Maintenance Contractor for professional and/or construction services. Nothing contained in this Contract shall create any third (3rd) party contractual relationship between the Owner and any Trade Contractor.

UNSCHEDULED MAINTENANCE: Unscheduled maintenance includes operation and maintenance activities which are not specified or “anticipated” but are required to allow for efficient facility operation (e.g., belt breakage, pump failure). Unscheduled maintenance consists of repair/replacement of parts which would normally not be required as part of the scheduled maintenance category. This type of maintenance includes activities which become necessary as a result of unforeseen, unexpected, or unusual causes (e.g., motor failure, pipeline failure), as well as non-routine corrective maintenance.

VENDOR: A person, firm or entity furnishing materials and/or supplies as part of the Project Phase 900 - Operation and Maintenance Management services scope of work at the various sites of environmental contamination.

OPERATION AND MAINTENANCE CONTRACTOR - SCOPE OF WORK

SERVICES

The primary purpose and intent of this Contract agreement is to secure operation and maintenance management services from the Operation and Maintenance Contractor who shall be responsible for all operation and maintenance services, disciplines, and management services during the Phase 900 - Operation and Maintenance services of the Project and to assure the Owner that the Project costs will remain within the Owner's established Project Budget. The operation and maintenance management services shall include the scope as described in this Attachment, and the tasks described in the Operations and Maintenance Manual (Appendix E to Attachment II), all related and ancillary tasks to accomplish the work and when necessary, entering into competitive Contracts for all required operation and maintenance management services, assuring efficient use of materials to provide quality operation and maintenance management services at the lowest responsible cost in accordance with the Project for on-going operation and maintenance of environmental contamination extraction and treatment systems. The Operation and Maintenance Contractor's service includes attendance at all Project related meetings and conferences.

The Operation and Maintenance Contractor accepts the relationship of trust and confidence established between their firm and the Owner by this agreement. In performing the duties hereunder, the Operation and Maintenance Contractor covenants with the Owner to furnish the best skill and judgment in furthering the interests of the Owner. The Operation and Maintenance Contractor agrees to perform their obligations hereunder using efficient business administration and superintendence, and using their best efforts to facilitate the expeditious and economical completion of the operations and maintenance Projects identified in this Attachment II-Scope of Work requirements and the Operations and Maintenance document (Appendix E to Attachment II) consistent with the interest of the Owner and shall be in compliance with all applicable laws, particularly Michigan Act 451 of 1994, as amended.

The Operation and Maintenance Contractor hereby certifies that:

a. To the best of its knowledge and belief, neither it nor any parent companies, subsidiaries, affiliates and their Trade Contractors are Potential Responsible Parties (PRPs) under Part 201 or Part 213 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, for the assigned Project site included in this Contract. Any Trade Contractors employed during the course of the Project work will also certify the same.

b. It shall immediately disclose any such information discovered in the course of this

Contract scope of work. If a conflict of interest exists, the firm may be disqualified from taking part in work at the assigned Project site.

c. Failure to disclose such information may result in disqualification of the respondent or cancellation of the Trade Contract after their Contract award.

The acceptance by the State Project Manager of the Operation and Maintenance Contractor's submittals shall not relieve the Operation and Maintenance Contractor of the full responsibility for completing the Project work in compliance with all applicable regulatory requirements and the terms, conditions, and specifications of this Contract Work.

The Owner reserves the right to assign to the Operation and Maintenance Contractor, for administrative purposes, any active Contracts for professional or services that the Owner may have previously entered into for the development of the assigned Project site scope of work. In the event the Owner assigns such administrative duties and responsibilities, the Operation and Maintenance Contractor shall be entitled to a negotiated adjustment in compensation fee as a contract modification.

No increase in compensation fee to the Operation and Maintenance Contractor will be allowed unless there is a material change made to the Project scope of work requirements as described in this Attachment II and/or the attached Operations and Maintenance Manual and unless the change in scope in this Attachment II-Scope of Work requirements is accepted and approved in writing, by the Department of Technology, Management and Budget, State Facilities Administration, Design and Construction Division or unless the change in scope to the Attachment II-Scope of work requirements (i.e. the Task 900 scope of work) is accepted and approved in writing by the State Project Manager, and the Operation and Maintenance Contractor.

No substitution of any “Key Principal Personnel/Employee” who is essential for the successful completion of the Project scope of work requirements and identified in the Operation and Maintenance Contractor firm’s attached Project Organizational Chart will be allowed by the Operation and Maintenance Contractor for this Contract without the prior written consent from the State Project Manager and the Project Director. Before any “Key Principal Personnel/Employee” substitution takes place, the Operation and Maintenance Contractor shall submit a written request to the Project Director for personnel substitution and this substitution request shall include the following information:

• A request in writing for a No Cost Contract Modification for this “Key Principal Personnel/Employee” substitution.

• Detailed written justification for this “Key Principal Personnel/Employee” substitution.

• The Operation and Maintenance Contractor firm’s qualifications of any proposed “Key

Principal Personnel/Employee” replacement; and

• A written statement from the Operation and Maintenance Contractor assuring the Owner that the Project scope of work will not be adversely affected by this “Key Principal Personnel/Employee” substitution change.

This request by the Operation and Maintenance Contractor to modify their Professional Service Contract must be accepted and approved in writing by the State Project Manager, the Project Director, and the Director of the Department of Technology, Management and Budget, State Facilities Administration, on the Owner’s Professional Services Contract Modification form

(DMB-410).

The Operation and Maintenance Contractor acknowledges having a clear understanding of the Project scope of work as defined by Attachment II and the Operation and Maintenance Manual, and of the professional services required by the Owner to provide it, and further agrees that the terms of this Contract provide adequate professional compensation fee(s) to produce the Project’s scope of work in accordance with the established Monthly Fee Schedule (see Attachment V).

The Operation and Maintenance Contractor shall immediately inform the Owner whenever it is indicated that the authorized Project Budget cost may be exceeded. The Operation and Maintenance Contractor shall make recommendations to the Owner for revisions in the Owner’s approved and attached Scope of Work (Attachment II), the Operation and Maintenance Manual, and other scope of work requirements to bring the Project Budget cost back to the Operation and Maintenance Contractor’s original Project Budget amount authorized by the Owner. Any revision in the Project scope of work requirements must be approved and accepted by the Owner in writing.

The Owner will designate an individual to serve as the State Project Manager who shall be fully acquainted with the entire scope of work requirements and have the authority to render Project decisions promptly and furnish information expeditiously. Except, in connection with Project issues under the Contract Claims and Disputes text, the Department of Environment, Great Lakes, and Energy, Remediation and Redevelopment Division, State Contract Administrator will provide general management and administration of the Project operation and maintenance management services in so far as they affect the interest of the Owner.

The Operation and Maintenance Contractor shall provide every professional, scientific, technical, and environmental engineering discipline, staff and support personnel, along with all supplies and equipment necessary to achieve all aspects of the Project within the scope of work requirements defined herein in this Attachment II and in the attached Operation and Maintenance Manual, and shall perform such work for compensation according to the services rendered and within the amount authorized in this executed Contract and approved Contract Modifications. .

The Phase 900 and Task descriptions intend to outline such operation and maintenance services but by inclusion, or omission, do not limit or exclude any adaptation of such services, or any additional services as may be necessary to accomplish the Project as required by the governing environmental enforcing agency, in full compliance with all applicable laws, rules and regulations, and shall be consistent with all requisites and best standards of professional practice.

DESCRIPTION

1. General

1.1. Definitions of Scheduled Maintenance and Unscheduled Maintenance

The following definitions are critical to understanding how the Contractor will be reimbursed for maintenance expenses incurred as a result of site activities.

Scheduled Maintenance: For the purpose of this contract, scheduled maintenance includes all foreseeable maintenance requirements. Scheduled maintenance includes adjusting, servicing, repairing, overhauling or replacing existing systems and components required to accomplish facility operation, all normal housekeeping activities, items specified within the existing site preventative maintenance computer program, “FTMaintenance select”, and exterior site maintenance (i.e. snowplowing, lawnmowing, etc.) The contractor may provide their own preventive maintenance program provided it demonstrates equivalent performance and is approved by the Michigan Department of Environment, Great Lakes, and Energy (EGLE).

Scheduled maintenance includes all foreseeable maintenance requirements, including activities or functions which are performed on a specific schedule, or completed on a regular interval (e.g., monthly oil change). No additional funding will be provided to the Contractor for work performed under scheduled maintenance.

Unscheduled Maintenance: Unscheduled maintenance includes operation and maintenance activities which are not specified or “anticipated” but are required to allow for efficient facility operation (e.g., belt breakage, pump failure). Unscheduled maintenance consists of repair/replacement of parts which would normally not be required as part of the scheduled maintenance category. This type of maintenance includes activities which become necessary as a result of unforeseen, unexpected, or unusual causes (e.g., motor failure, pipeline failure), as well as non-routine corrective maintenance. The Contractor will be reimbursed in accordance with paragraph 5.5 “Maintenance.”

1.2. Site History

The Ott/Story site is a former organic chemical manufacturing facility located in Dalton Township, Muskegon County, Michigan, about five miles north of the city of Muskegon. The facility manufactured various synthetic organic intermediates, particularly those with a phosgene base.

The major products were alkyl isocyanates, aromatic isocyanates, acid chloride, and carbonates.

Solvents, such as benzene, toluene, methanol, dimethylaniline, tetrahydrofuran, and carbon tetrachloride, were used in manufacturing processes. By the mid 1970's, contaminated ground water was found on and offsite. In 1982, the United States Environmental Protection Agency (EPA) included the site on the National Priority List (NPL) as an uncontrolled hazardous waste site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) because of the release of hazardous substances from the site.

The original chemical manufacturing facility occupied approximately 20 acres and included a main plant, administration area, recharge lagoon area, and an equalization basin. The facility is surrounded by wooded undeveloped land. The closest residences are to the west of the site along Whitehall Road and south of the site along Williamson Street. Nearby residential areas also exist south and east of the site along Central, River, and Russell Roads.

1.3. Project Description

1.3.1. UTILITY CONTACTS

The Contractor shall be responsible for the name transference on all utility billings, including water, sewer, gas, electric, propane, and communications. Utility information is available in the O&M facility manual. Additional questions can be directed to Ms. Megan Cynar, Project Manager, EGLE (517-256-2681).

1.3.2. GENERAL PROJECT DESCRIPTION

The scope of this project is to operate and maintain the groundwater extraction and collection system, groundwater treatment facility (GTF), site monitoring system, effluent line, and on-site laboratory. The groundwater extraction and collection system consists of a series of seventeen extraction wells pumping contaminated groundwater through a double containment collection system. An extensive monitoring well system exists as part of this facility. The contaminated groundwater is transported to a flow splitter at the GTF. The GTF is designed with two equal capacity treatment trains, each capable of processing 450 gallons per minute (gpm).

Each train has a diffused air stripper designed to provide bulk removal of volatile organic compounds (VOCs) from the ground water. The air exhausted from the stripping basins is directed through a vapor phase thermal oxidation unit (TOU) for destruction of the VOCs. Treated air is exhausted from the TOU stack. NOTE: Effective July 30, 2010, achievement of ambient air emission limits was determined to be attainable without operation of air strippers and the TOU. The air strippers will be maintained in operational condition in the event it becomes necessary to resume use of them. The TOU is currently inoperable and will need to be repaired or alternative method used if needed in the future. For purposes of this request for proposal (RFP), do not include costs for operation of the air strippers and TOU. Do include the cost of maintaining the air strippers in a stand-by state.

Effluent water from the diffused air stripper tanks flows in parallel to two powdered activated carbon treatment (PACTTM) tanks. The tanks are package-type plants designed for biochemical oxygen demand (BOD) reduction and VOC and semi-VOC destruction. The covered units are vented through the thermal oxidation unit to control odors and prevent emissions of residual VOCs. Aerobically oxidized biomass from the aerobic digesters, in the form of waste activated sludge, is pumped to a sludge holding tank.

Thickened sludge was designed to be batch fed to plate and frame filter presses for solids concentration and disposal; however, due to the…