Revised RFP 190000002166 School Road Site.docx

STATE OF MICHIGAN

Department of Environment, Great Lakes, and Energy (EGLE) Procurement

School Road Site, Bentley Township, Gladwin County Request for Proposal No. 190000002166

Solicitation Manager Name: Lisa VanOstran Direct Phone: (517) 284-5012 Email: vanostranl@michigan.gov

This is a Request for Proposal (RFP) for:

Geotechnical and environmental drilling, remedial investigation and/or remediation for School Road Site, Bentley Township, Gladwin County

RFP Timeline

Work completion date

July 31, 2019

*A bidder’s proposal received at 3:00:01 p.m. Eastern is late and subject to disqualification.

This RFP is subject to change. Check www.michigan.gov/SIGMAVSS for current information.

PROPOSAL INSTRUCTIONS

1. PROPOSAL PREPARATION. The State recommends reading all RFP materials prior to preparing a proposal, particularly these Proposal Instructions and the Vendor Questions Worksheet. Bidders must follow these Proposal Instructions and provide a complete response to the items indicated in the table below. References and links to websites or external sources may not be used in lieu of providing the information requested in the RFP within the proposal. Include the bidder’s company name in the header of all documents submitted with your proposal.

RFP Structure and Documentation

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is listed on the Cover Page. Contacting any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification.

3. MANDATORY PRE-PROPOSAL MEETING. A mandatory pre-proposal meeting will be held on Thursday, May 16, 2019 at 1:00 p.m. Eastern at 5135 School Road (just south of the intersection of Swinson and School Roads) Bentley Township, Gladwin County, Michigan. The purpose of the pre-proposal meeting is to discuss the RFP and the work to be performed. Statements made by the Solicitation Manager or designee at a pre-proposal meeting are not considered modifications to the RFP. If, however, the Solicitation Manager determines modifications to the RFP are warranted after the meeting, modifications will be posted in writing on www.michigan.gov/SIGMAVSS as explained in Section 4, Modifications.

Attendance at the pre-proposal meeting is limited to 1 person per bidder. Because this pre-proposal meeting is mandatory, a bidder may be disqualified by being late. Subcontractor sign-in is permitted in lieu of the bidder as evidence of attendance. Accessibility requests for reasonable accommodations at the pre-proposal meeting should be made with the Solicitation Manager at least 5 business days before the date of the meeting. Accommodation requests received outside this time period cannot be guaranteed.

4. MODIFICATIONS. The State may modify this RFP at any time. Modifications will be posted on www.michigan.gov/SIGMAVSS . This is the only method by which the RFP may be modified.

5. QUESTIONS. Bidder questions about this RFP must be emailed to the Solicitation Manager or posted on www.michigan.gov/SIGMAVSS no later than the time and date specified on the Cover Page. In the interest of transparency, only written questions are accepted. Answers to questions will be posted on www.michigan.gov/SIGMAVSS. Submit questions using the format below; a Microsoft Excel format or similar is suggested.

6. DELIVERY OF PROPOSAL.

Electronic – The bidder must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The bidder should submit all documents in a modifiable (native) format (examples include but are not limited to Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the bidder may also submit copies of documents in PDF. Attachment file size is limited to 6 MB per document. Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation Closing On/Closing Date fields (Summary view/Detail view), even if a portion of the proposal has been uploaded.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 373-4111 or (888) 734-9749. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder.

7. MANDATORY MINIMUM REQUIREMENTS. To avoid disqualification, the bidder must provide documentation to support the following:

OHSA 40-Hour HAZWOPER Training certification for all personnel who will be working on-site

Only proposals meeting the mandatory minimum requirements will be considered for evaluation.

8. EVALUATION PROCESS. The State will evaluate each proposal based on the following factors:

Proposals receiving 80 or more technical evaluation points will have pricing evaluated and considered for award.

The State may utilize all bidder information, without regard to a proposal’s technical score, to determine fair market value for goods or services sought. The State is not obligated to accept the lowest price proposal. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service -disabled veteran owned business(QVD/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: https://www.michigan.gov/dtmb/0,5552,7-358-82550_85746_48677-412612--,00.html.

The State strongly encourages strict adherence to the Contract Terms. The State reserves the right to deem a bid non-responsive for failure to accept the Contract Terms. Nevertheless, the bidder may submit proposed changes to the Contract Terms in track changes (i.e., visible edits) with an explanation of the bidder’s need for each proposed change. Failure to include track changes with an explanation of the bidder’s need for the proposed change constitutes the bidder’s acceptance of the Contract Terms. General statements, such as that the bidder reserves the right to negotiate the terms and conditions, may be considered non-responsive.

The State may but is not required to conduct an on-site visit to tour and inspect the bidder’s facilities; require an oral presentation of the bidder's proposal; conduct interviews, research, reference checks, and background checks; and request additional price concessions at any point during the evaluation process.

9. NOTICE OF DEFICIENCY. The State reserves the right to issue a Notice of Deficiency to bidders if the State determines after the proposal deadline that a portion of the RFP was deficient, unclear, or ambiguous. Failure to respond to a Notice of Deficiency timely may be cause for disqualification.

10. CLARIFICATION REQUEST. The State reserves the right to issue a Clarification Request to a bidder to clarify its proposal if the State determines the proposal is not clear. Failure to respond to a Clarification Request timely may be cause for disqualification.

11. RESERVATIONS. The State reserves the right to:

a. Disqualify a bidder for failure to follow these instructions.

b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, your preparation and submission of a proposal, and the State’s subsequent receipt and evaluation of your proposal does not commit the State to award a contract to you or anyone, even if all the requirements in the RFP are met.

c. Consider late proposals if: (i) no other proposals are received; (ii) no complete proposals are received; (iii) the State received complete proposals, but the proposals did not meet mandatory minimum requirements or technical criteria; or (iv) the award process fails to result in an award.

d. Consider an otherwise disqualified proposal, if no other proposals are received.

e. Disqualify a proposal based on: (i) information provided by the bidder in response to this RFP; (2) the bidder’s failure to complete registration on www.michigan.gov/SIGMAVSS ; or (3) if it is determined that a bidder purposely or willfully submitted false or misleading information in response to the RFP.

f. Consider prior performance with the State in making its award decision.

g. Consider overall economic impact to the State when evaluating proposal pricing and in the final award recommendation. This includes but is not limited to considering principal place of performance, number of Michigan citizens employed or potentially employed, dollars paid to Michigan residents, Michigan capital investments, job creation, tax revenue implications, and economically disadvantaged businesses.

h. Consider total-cost-of-ownership factors (e.g., transition and training costs) when evaluating proposal pricing and in the final award recommendation.

i. Refuse to award a contract to any bidder that has failed to pay State taxes or has outstanding debt with the State.

j. Enter into negotiations with one or more bidders on price, terms, technical requirements, or other deliverables.

k. Award multiple, optional-use contracts, or award by Contract Activity.

l. Evaluate the proposal outside the scope identified in Section 8, Evaluation Process, if the State receives only one proposal.

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in Section 8, Evaluation Process, and price, as demonstrated by the proposal. The State will post a Notice of Recommendation for Award on www.michigan.gov/SIGMAVSS .

13. DEBRIEF MEETING AND BID PROTEST. The State will post a Notice of Recommendation for Award, which will provide instructions on how to request a debrief meeting

If you wish to initiate a protest of the award, you must submit your written protest to the Solicitation Manager no later than 5:00 p.m., five calendar days after posting the Notice of Recommendation for Award, or by 5:00 p.m. the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS system.

Additional information about the protest process is available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

14. STATE ADMINISTRATIVE BOARD. Contracts equal to $500,000 or greater than require approval by the State Administrative Board. The State Administrative Board’s decision is final; however, its approval does not constitute a contract. The award process is not complete until the awarded contractor receives a contract fully executed by all parties.

15. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 180 calendar days from date of submission. If a contract is awarded to the bidder, the State may, at its option, incorporate any part of the bidder’s proposal into a contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the State’s environment or contain all matters upon which agreement must be reached. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

16. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. All portions of the bidder’s proposal and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, some information may be exempt from disclosure. Under MCL 18.1261(13)(b), records containing “a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902,” are exempt from disclosure under FOIA. In addition, “financial or proprietary information” submitted with a bidder’s proposal is exempt from disclosure under FOIA. A bidder’s failure to comply with this Section is grounds for rejecting a bidder’s proposal as non-responsive. As a part of its proposal, each bidder must follow the procedure below.

a. SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the solicitation process.

i. Complete and sign Section 1 of the CT Form if the bidder does NOT request confidential treatment of information contained in its proposal; or

ii. Complete and sign Section 2 of the CT Form if the bidder requests confidential treatment of certain information. Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

b. FOIA REQUESTS. If a FOIA request is made for a bidder’s proposal, the Public Copy may be distributed to the public along with the bidder’s CT Form. The CT Form is a public document and serves as an explanation for the redactions to the Public Copy. Do not put any trade secret, financial, or proprietary information in the CT Form. Do not redact the CT Form itself.

c. NO ADVICE. The State will not advise a bidder as to the nature or content of documents entitled to protection from disclosure under FOIA or other laws, as to the interpretation of such laws, or as to the definition of trade secret or financial or proprietary information. Nothing contained in this provision will modify or amend requirements and obligations imposed on the State by FOIA or other applicable law.

d. FAILURE TO REQUEST CONFIDENTIAL TREATMENT. Failure to request material be treated as confidential as specified herein relieves the State, its agencies, and personnel from any responsibility for maintaining material in confidence.

e. Bids containing a request to maintain an entire proposal as confidential may be rejected as non-responsive. Bidders may not request confidential treatment with respect to resumes, pricing, and marketing materials. The State reserves the right to determine whether material designated as exempt by a bidder falls under MCL 18.1261 or other applicable FOIA exemptions. If a FOIA request is made for materials that the bidder has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

f. Bidder forever releases the State, its departments, subdivisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to the disclosure of all or a portion of bidder’s proposal submitted under this RFP. Bidder must defend, indemnify and hold the State, its departments, subdivisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to any FOIA request, including potential litigation and appeals, related to the portion of bidder’s proposal submitted under this RFP that bidder has identified as a trade secret, or financial or proprietary information. The State will notify bidder in writing if indemnification is sought. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to (iv) retain control of the defense, or any portion thereof, if the State deems necessary. Bidder will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. If a State employee, official, or law is involved or challenged, the State may control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

CONFIDENTIAL TREATMENT FORM (CT FORM)

INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT Form and sign where indicated. This CT Form must be signed by the individual who signed the bidder’s proposal. A completed CT Form must be submitted with your proposal, regardless of whether your proposal contains confidential information. Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive. See Section 16 of the Proposal Instructions for additional information.

Section 1. Confidential Treatment Is Not Requested

This section must be completed, signed, and submitted with the proposal if bidder does not request confidential treatment of any material contained in the proposal.

By signing below, the bidder affirms that confidential treatment of material contained in the proposal is not requested.

[Printed Name] [Title] [Company]

Section 2. Confidential Treatment Is Requested

The section must be completed, signed, and submitted with the proposal if bidder requests confidential treatment of any material contained in the proposal. Submission of a completed CT Form is required to request confidential treatment.

Provide the information in the table below. Bidder may add rows or additional pages using the same format shown in the table. Bidder must specifically identify the information to be protected as confidential and state the reasons why protection is necessary. The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder: (1) identifies whether the material is a trade secret (TS), financial information (FI), or proprietary information (PI); (2) explains the specific legal grounds that support treatment of the material as TS, FI, or PI; and (3) provides the contact information for the person at bidder’s organization authorized to respond to inquiries by the State concerning the material. Bidders must not simply cite to an applicable act or case name; rather, bidders must provide a complete justification as to how the material falls within the scope of an applicable act or relevant case law.

CONFIDENTIAL TREATMENT FORM (CT FORM)

By signing below, the bidder affirms that confidential treatment of material contained in its proposal is requested and has attached to this form a redacted “Public Copy” of the bidder’s proposal.

[Printed Name] [Title] [Company]

VENDOR QUESTIONS WORKSHEET

Provide a detailed response to each question. “You” and “company” refers to the bidder.

1. Contact Information

Bidder’s sole contact person during the RFP process. Include name, title, address, email, and phone number.

Person authorized to receive and sign a resulting contract. Include name, title, address, email, phone number and vendor customer code in SIGMA VSS.

2. Company Background Information

Legal business name and address. Include business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number

Website address

Number of years in business and number of employees

Legal business name and address of parent company, if any

Has there been a recent change in organizational structure (e.g., management team) or control (e.g., merger or acquisition) of your company? If the answer is yes: (a) explain why the change occurred and (b) how this change has affected your company.

Discuss your company’s history. Has growth been organic, through mergers and acquisitions, or both?

Has bidder ever been debarred, suspended, or disqualified from bidding or contracting with any entity, including the State of Michigan? If yes, provide the date, the entity, and details about the situation.

Has your company been a party to litigation against the State of Michigan? If the answer is yes, then state the date of initial filing, case name and court number, and jurisdiction.

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.

State your gross annual sales for the last 5 years.

If receiving a contract under this RFP will increase your gross revenue by more than 25% from last year’s sales, explain how the company will scale-up to manage this increase.

Describe partnerships and strategic relationships you think will bring significant value to the State.

State the physical address of the place of business that would have primary responsibility for this account if bidder is awarded a contract under this RFP.

3. Qualified Disabled Veteran/Service Disabled Veteran-Owned Business Program

To demonstrate qualification as a qualified disabled veteran, you must provide:

(a) Proof of service and conditions of discharge (DD214 or equivalent);

(b) Proof of service-connected disability (DD214 if the disability was documented at discharge or Veterans Administration Rating Decision Letter or equivalent if the disability was documented after discharge); and

(c) Legal documents setting forth the ownership of the business entity.

In lieu of the documentation identified above, you may provide proof of certification by the National Veterans Business Development Council.

Enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

4. Participation in RFP Development or Evaluation

Did your company, an employee, agent, or representative of your company, or any affiliated entity participate in developing any component of this solicitation? For purposes of this question, business concerns, organizations, or individuals are affiliates of each other if, directly or indirectly: (1) either one controls or has power to control the other or (2) a third-party control or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities or equipment, and common use of employees.

If you entered “YES”, you are not eligible for contract award or to work as a subcontractor for the awarded vendor.

5. State of Michigan Experience and Prior Experience

Does your company have experience working with the State of Michigan? If so, please provide a list (including the contract number) of the contracts you hold or have held with the State for the last 10 years.

Describe at least 3 relevant experiences from the last 5 years supporting your ability to successfully manage a contract of similar size and scope for the work described in this RFP.

Experience 1

Company name Contact name Contact role at time of project Contact phone Contact email

City State Zip

1. Project name and description of the scope of the project

2. What role did your company play?

3. How is this project experience relevant to the subject of this RFP?

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

Experience 2

Company name

Contact role at time of project

City

1. Project name and description of the scope of the project

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

Experience 3

Company name

Contact role at time of project

City

1. Project name and description of the scope of the project

Dollar value

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained

6. Standard Contract Terms

Bidder must affirm agreement with the attached Contract Terms. If not in agreement, written exceptions in accordance with Section 7 Evaluation Process must be provided with Bidder’s proposal.

7. Other

School Road Site, Bentley Township, Gladwin County Request for Proposal No. 190000002166

SCHEDULE A

STATEMENT OF WORK

CONTRACT ACTIVITIES

This schedule identifies the anticipated requirements of any Contract resulting from this RFP. The term “Contractor” in this document refers to a bidder responding to this RFP.

The Contractor must respond to each requirement or question and explain how it will fulfill each requirement. Attach any supplemental information and appropriately reference within your response.

BACKGROUND

This site is located in a rural area of southeast Gladwin County, Bentley Township, near the intersection of School and Swinson Roads, Sections 34 & 35, Township 17N, Range 2E (see Appendix B). The site is located near several former oil wells, that for the most part, were drilled in the 1940s and plugged in the 1950s. The area is fairly flat and sparsely populated. Three oil wells in the area, were plugged as part of the EGLE Orphan Well Program’s plugging activities in May 2002.

Previous environmental investigative work in February of 2013, June of 2014 and May 2018 identified soil and groundwater contamination with hydrocarbon indicator parameters (HIPs) above applicable EGLE Part 201 criteria, next to the Kobetich L-2 wellhead (Permit Number 18112) and at 5135 School Road.

SCOPE

The Contractor will be required to complete the following:

· Mobilize all necessary equipment and personnel to the site to complete all the activities detailed in this statement of work

· Excavate contaminated soil next to the Kobetich L-2 wellhead (Permit Number 18112)

· Transport contaminated soil to an approved landfill using proper waste manifesting documents and load tracking

· Backfill the excavation with clean fill, compact and grade.

· Collect up to 8 soil samples to verify that the excavation has been completed

· Sample 3 existing monitor wells using low flow techniques.

· Restore site back to original condition

The Contractor will be responsible for mobilizing all necessary equipment and personnel to the site. The Contractor will use an excavator to remove an area of contaminated soil, estimated at 35 by 35 by 10 feet deep.

Abandoned flow lines may be encountered within the excavation boundaries. In the event that a flow line is encountered, it will be removed from the excavation and set aside for disposal or scrap.

The contaminated soil will be live loaded onto gravel train style trucks to the extent possible and transported to an approved landfill for disposal. The site soils generally consist of fine to medium grained sand in the upper 4 feet, underlain by a thick clay layer.

Stock piling of excavated soils will be allowed, if necessary. All contaminated soil must be placed on plastic sheeting if a stock-pile is used. In addition, if a stock-pile is used, it must be covered with plastic during times when site work is not being performed and secured against weather related issues.

EGLE will use a photoionization detector (PID) to screen soil for volatile organic compounds (VOCs) and guide excavation activities. Confirmation soil samples will be collected by an EGLE representative and transported to the State Lab for analysis.

After soil removal activities are complete, the Contractor must provide clean sand backfill for the excavation. Clean fill shall be placed in 2-foot lifts and compacted with either the excavator bucket or a bulldozer. Four inches of top soil will then be placed and graded. Grass seed will be an approved EGLE mix or landowner specification. In addition, the Contractor must provide the necessary equipment, topsoil, and seed to repair any damage to the access road.

Three monitor wells are to be sampled, utilizing the low flow technique. The Contractor shall open the wells and let them equilibrate before collecting static water levels (SWL). The SWL is estimated to be 30’ below top of casing, and the monitor well screens are set at a depth of 230’ below grade. SWL must be obtained using an electronic water level device with an accuracy of a hundredth of a foot.

Work must be completed by July 31, 2019.

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

REQUIREMENTS

The Contractor must provide Deliverables/Services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

· The Contractor must mobilize all necessary equipment to the site.

· The Contractor must make all necessary arrangements for procuring the waste profile and disposal of excavated non-hazardous crude oil impacted soil. Please note: this waste is exempt under Part 111 and are considered non-hazardous oilfield waste per CFR 261.4(b)5.

· EGLE will be the listed Generator for waste disposal services.

· The Contractor must provide the appropriate number of trucks to live load to the extent possible to minimize down time/stand-by time and delays while onsite. Please note: the daily rate for equipment during excavation activities includes man hours (assume 10-hour work days).

· The Contractor must supply visqueen plastic sheeting for use if a soil stock-pile is needed.

· EGLE will use a PID to screen site soils for VOCs and look for hot spots in the excavation and direct the excavation activities.

· EGLE will collect and transport all soil samples to the State Lab. EGLE will transport all water samples to the State Lab.

· The Contractor must provide temporary fencing (orange snow fence) and metal stakes to place around the excavation at the end of each work day.

· The Contractor will be responsible for restoring any ruts or property damage caused from the excavation activities, trucking traffic, etc. The Contractor must provide dust control if necessary.

· The Contractor must provide EGLE with copies of all landfill weigh tickets, waste manifests and summary logs on a daily basis.

· The Contractor must provide EGLE with a Final Summary Report which will document all activities completed, quantities of soil excavated, copies of all landfill tickets, waste manifests and copies of all daily summary logs.

· EGLE will secure site access.

· The Contractor must contact MISS DIG to locate any underground utilities so that they are marked properly prior to the start of work.

· The Contractor and any personnel on site must conduct work in accordance with Level D PPE (steel toe boots, reflective vests and hard hats are required).

· An EGLE On-Site Coordinator (OSC) (or their designee) will be onsite during the course of the project. The EGLE OSC has the authority to direct work at all times. The Contractor’s Site Superintendent is the point of contact between EGLE and the Contractor during site work. A Site Superintendent must be onsite at all times during site work. The EGLE OSC will only discuss project matters with the Site Superintendent. The Site Superintendent must direct work with his/her personnel at the overall direction of EGLE.

· The Contractor’s Site Superintendent must brief the EGLE OSC once per day (by email, telephone or in person) on project progress and cost expenditures to date on the project.

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

1. Acceptance

1.1. Acceptance, Inspection and Testing

The State will use the following criteria to determine acceptance of the Contract Activities:

A. Services provided sufficiently so that the site (for a project assignment) complies with all requirements, of the Natural Resources and Environmental Protection Act (NREPA) and all other rules promulgated therefrom;

B. Services provided consistently with Industry Recommended Practices (RPs) and Standards;

C. Services delivered within the minimum descriptions included in the Requirements section, and adjusted as needed, to complete additional or evolving project assignment specifications;

D. Services delivered within timeframes identified in this RFP.

E. Avoidable damage, of any nature, incurred as a result of work done (whether by Contractor or Subcontractor), repaired or replaced as directed by the OSC;

F. Managed and scheduled Subcontractor(s) according to project assignment and adjusted as needed to satisfactorily complete project;

G. Equipment provided is maintained and serviced by the Contractor so that needs of a project assignment are fulfilled timely and according to DEQ specifications (i.e., equipment is well maintained and operational, as needed and as required, so that time-loss for delivery of service or specific task(s) is minimal, and so that the overall project is completed on-time and per criteria above);

H. Daily Progress Reports completed so that each are available for immediate reconciliation and verification by the OSC;

I. Invoices submitted at least monthly or as requested by the OSC;

J. Appropriate records, including but not limited to, progress reports, modeling, analytical analysis, etc. filed within 60 days from project completion.

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

1.2. Final Acceptance

The State will use the following criteria to determine final acceptance of the Contract Activities:

A. The OSC certifies that all work associated with the project is completed, records have been submitted to the State’s satisfaction, and any required guarantees have been provided by the Contractor; and B. Proof is received, identified by project name and invoice number, by the OSC and Project Manager that all Subcontractors associated or connected with the work on the project assignment have been paid in full; and C. Proof is received by the Project Manager that all entities which incurred damage or loss (e.g., owners of property, including growing crops damaged by contract activities, etc.) have been reimbursed by the Contractor, as directed by the OSC.

D. The State has the right to holdback, as a retainage, an amount equal to twenty percent (20%) of all amounts invoiced by the Contractor for Services/Deliverables. The amounts held back must be released to the Contractor after the State has granted Final Acceptance.

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

3. Staffing

3.1. Key Personnel

The Contractor must provide enough staff and appropriate personnel who possess ability and expertise in the field of environmental services, as described in this RFP.

Key Personnel are subject to final approval by the State and must also meet the following requirements at a minimum:

· Project Manager: Experience must include related field experience and experience managing projects directly related to the services described in this RFP. This role must be filled by the Company representative who will be responsible for issuing the final Contractor approval regarding the Company’s final quotation, staff assignment, equipment, Subcontractors, and work plan(s).

· Site Supervisor: Experience must include directly related field experience and prior experience working as a site supervisor for drilling, sample collection according to industry protocols, system installation, etc. (may or may not be Project Manager). This key staff must be located on-site and must directly manage implementation of the State OSC’s approved work plan, and manage the Contractor’s crew-staff, equipment and supplies, and all scheduling, including Subcontractor scheduling, for the project assignment.

· Driller/Operator: Experience must include directly related field experience and prior experience operating a rig. This key staff must operate the drill rig.

· Crew: Providing on-site labor, including but not limited to:

· Rig-hand(s) – no minimum experience required

· Assistants/General Laborer(s) - no minimum experience required

In addition to the above criteria, it is a Mandatory Minimum Requirement that all Contractor’s staff have a current OSHA 40-hour HAZWOPER Training certification while engaged in on-site operations.

Preference will be given to the Contractor who has a Certified Professional Geologist (CPG) or a Professional Engineer (PE) on staff. Bidder should submit proof of this by providing a copy of the certification or license number.

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

3.2 State Staff, Roles and Responsibilities

The EGLE OSC or designee, will be available or on site when consultation is needed during the service delivery activities. Specifically, the OSC has the authority to:

A. Meet with the Contractor prior to the start of work to discuss and finalize the Contractor’s project work plan.

B. Direct and require the reassignment of Contractor’s personnel or Subcontractors on the project assignment.

C. Require and approve any specific pieces of equipment proposed for use on the project assignment (even after acceptance of initial work plan) [e.g., on higher profile projects, the equipment used must be safe, clean and function well, relative to the project conditions, must keep minimum noise levels, etc.] D. Modify and approve Contractor’s implementation of project specifications.

E. Receive and approve daily progress reports from the Contractor.

F. Review and approve (via signature) invoices for work performed under the provisions of the Contract.

G. Inspect service delivery to ensure that the project assignment specifications are met. If any disputes arise between the Contractor and the OSC, the OSC has temporary authority to suspend the delivery of services.

H. Determine the Contractor’s culpability and responsibility for any damages that may occur in the process of service delivery.

I. Provide certification to the Project Manager that all project work has been completed to the State’s satisfaction.

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

3.3. Disclosure of Subcontractors

If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:

The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

The relationship of the subcontractor to the Contractor. (Whether the Contractor has a previous working experience with the subcontractor. If yes, provide the details of that previous relationship.)

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

Contractor Response:

4. Project Management

4.1. Project Plan

The Contractor will carry out the services provided under this Contract under the direction and control of the EGLE-OSC.

There must be continuous liaising with the Contractor during the project assignment. The OSC will meet on-site with the Contractor’s Project Manager for an initial review of the Contractor’s work plan prior to beginning service delivery and periodically as needed during any service activities. The meetings will provide for reviewing progress and providing necessary guidance to the Contractor regarding the timing of activities and solving issues or problems.

The Contractor’s Site Supervisor or designee must be available on-site and must provide to the OSC a brief written daily log of progress which outlines the work accomplished, personnel and equipment utilized on site for that day, and any costs incurred, as well as notification of any significant deviation from previously agreed upon work plans. Problems, real or anticipated, must be brought to the immediate attention of the OSC.

Any change to an approved project work plan will be determined on an individual project basis, as needed, and must be subject to review and final approval by the OSC.

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

4.2. Meetings

The State may request meetings, as it deems appropriate.

4.3. Reporting

The Contractor must provide the following reports when and as directed by the EGLE-OSC:

· Final Project Work Plan: reviewed and approved by the OSC prior to service delivery.

· Daily Progress Reports: a brief, written daily log of progress which outlines the work accomplished, including field tickets, that describe personnel and equipment on-site and all costs incurred.

· Monthly Invoices: as directed by the OSC.

· Records as Appropriate of Any and All Analytical Data: as directed by the OSC.

· Final Summary Report documenting all activities completed, quantities of soil excavated, copies of all landfill tickets, waste manifests and copies of all daily summary logs.

· Final Invoice

Response: Contractor shall check only one box below and identify exception(s):

List all exception(s):

5. Pricing

5.1. Price Term

Unit pricing submitted with proposal is firm for the entire length of the Contract, however, if scope of project increases then total project cost could increase. The Contractor must obtain EGLE-OSC approval prior to additional work commencing. Upon approval, a revised Purchase Order will be issued.

6. Ordering

6.1. Authorizing Document

The appropriate authorizing document for the Contract will be a Purchase Order (PO).

7. Invoice and Payment

7.1. Invoice Requirements

All invoices submitted to the State on a monthly basis must include: (a) date; (b) purchase order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); and (g) total price. Overtime, holiday pay, and travel expenses will not be paid.

7.2. Payment Methods

The State will make payment for Contract Activities via Electronic Funds Transfer (EFT).

School Road Site, Bentley Township, Gladwin County Request for Proposal No. 190000002166

SCHEDULE B

PRICING

1. The Contractor must provide a pricing schedule for the proposed Contract Activities through the SIGMA VSS system. The pricing schedule should be submitted in a modifiable format (e.g. Microsoft Word or Excel); however, you may also submit an additional pricing schedule in a non-modifiable format (e.g., PDF). Failure to complete the pricing schedule as requested may result in disqualification of your proposal.

2. Price proposals must include all costs, including but not limited to, any one-time or set-up charges, fees, and potential costs that Contractor may charge the State (e.g., shipping and handling, per piece pricing, and palletizing).

3. The Contractor is encouraged to offer quick payment terms. The number of days must not include processing time for payment to be received by the Contractor's financial…