RFP 230000000008.docx

Michigan.gov/MiProcurement

REQUEST FOR PROPOSAL # 230000000008

Department of Transportation

Wastewater Lagoon and Lift Station Inspections – Richmond Rest Area and Adair Rest Area, St Clair County

Solicitation Manager Name: Ruth Thole Direct Phone: 517-335-4972 Email: TholeR@michigan.gov

This is a Request for Proposal (RFP) for:

Services to perform lagoon and lift station inspections, pre-discharge samplings, and effluent discharge at two Rest Areas location in St Clair County.

RFP Timeline

*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.

Michigan.gov/MiProcurement

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. Note that all documents and information submitted as part of a proposal will become public record immediately upon receipt by the State. Proposals received by the State may be posted on the State’s publicly available website after bidders are notified of the award recommendation.

RFP Structure and Documentation

2. CONTACT INFORMATION FOR THE STATE. The sole point of contact for the State concerning this RFP is:

Ruth Thole, Solicitation Manager 517-335-4972 TholeR@michigan.gov Contacting any other State personnel, agent, consultant, or representative about this RFP may result in bidder disqualification

3. 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.

4. QUESTIONS. Bidder questions about this RFP must be emailed to the Solicitation Manager at TholeR@michigan.gov no later than 12:00 pm Eastern Time on October 7, 2022. 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.

5. DELIVERY OF PROPOSAL. 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) 284-0540 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. Note that all documents and information submitted in any manner as part of a proposal will become public record immediately upon receipt by the State. Proposals received may be posted by the State on the State’s publicly available website after bidders are notified of the award recommendation.

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

Bidder’s personnel to provide service is a C-1c certified wastewater operator.

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

7. EVALUATION PROCESS The State will evaluate each proposal on a PASS/FAIL basis based on the following criteria:

The State may utilize all bidder information to determine fair market value for goods or services sought. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: Michigan.gov/SDVOB The State may but is not required to conduct reference checks, and background checks; and request additional price concessions at any point during the evaluation process.

8. ACCEPTANCE OF CONTRACT TERMS. 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.

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 the Evaluation Process section of this document if the State receives only one proposal.

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who receives a PASS for each criterion and has the lowest price.

The State will publish an Award Recommendation and Evaluation Synopsis, by posting a Notice of Intent to Award (NIA1) on www.michigan.gov/SIGMAVSS..

13. DEBRIEF MEETING AND BID PROTEST. The State will publish an Award Recommendation and Evaluation Synopsis 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 Carol Rademacher at RademacherC@michigan.gov no later than 3:00 p.m., three (3) business days after posting the Award Recommendation and Evaluation Synopsis on SIGMA VSS. The State reserves the right to adjust this timing and will publish any change.

Additional information about the protest process is available at DTMB - Bidder Protests (michigan.gov).

14. STATE ADMINISTRATIVE BOARD. Contracts equal to $250,000 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. The bidder understands that their proposal will become public record immediately upon receipt by the State. 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. As a public record, 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, the State may exempt some information from disclosure as permitted by law. 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. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form instructions, the proposal may be publicly disclosed in its entirety without redaction after an award recommendation.

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.”

iii. Failure to complete and sign a CT Form may result in disqualification of the bidder. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow the CT Form instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation.

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.

RFP 230000000008 Page 2 of 2 confidential treatment form INSTRUCTIONS. Bidder must complete either Section 1 or Section 2 of this CT Form and sign where indicated. Do not complete both sections. 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. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form Instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation. See the Confidential Treatment Form and The Freedom of Information Act (FOIA) sections 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 the bidder does not request confidential treatment of any material contained in the proposal. If this section is completed, do not complete Section 2. CONFIDENTIAL TREATMENT IS REQUESTED By signing below, the bidder affirms that confidential treatment of material contained in their proposal is not requested.

230000000008 RFP Number

Wastewater Lagoon and Lift Station Inspections RFP Title

Signature

Date

Printed Name, Title, Company

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED This 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. If this section is completed, do not complete Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED.

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 the Proposal Page #, Section #, and Paragraph #, (2) identifies whether the material is a Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI), and (3) explains the specific legal grounds that support treatment of the material as TS, FI, or PI. Bidders must provide a complete justification as to how the material falls within the scope of an applicable FOIA exemption or relevant case law. Bidders must not simply cite to an applicable exemption or case name. Bidders must also provide the contact information for the person at their organization authorized to respond to inquiries by the State concerning the material.

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”.

(1) Proposal Page #, Section #, Paragraph # (2) Material is Trade Secret (TS), Proprietary Financial Information (FI), Proprietary Information (PI) (3) Applicable FOIA Exemption with Written Justification (4) Bidder Contact Information

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

230000000008 RFP Number

Wastewater Lagoon and Lift Station Inspections RFP Title

Signature

Date

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:

Name:

Title:

Address:

Phone Number:

Email:

Person authorized to receive and sign a resulting contract:

Name:

Title:

Address:

Phone Number:

Sole contact authorized to give and receive Notices (see Standard Contract Terms, Point 2.)

Name, email address, and phone number. Include address if different than legal business address:

Contractor’s Contract Administrator (see Standard Contract Terms, Point 3.)

Name, email address, and phone number. Include address if different than legal business address

Contractor’s Program Manager (see Standard Contract Terms, Point 4.)

Name, email address, and phone number. Include address if different than legal business address

2. Company Background Information

Legal business name and address.

Business entity designation, e.g., sole proprietor, Inc., LLC, or LLP.

What state was the company formed in?

Phone number.

Number of years in business.

Number of employees.

Legal business name and address of parent company, if any.

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 each of 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

Under MCL 18.1261, a “qualified disabled veteran” means a business entity that is 51% or more owned by 1 or more veterans with a service-connected disability. A “service-connected disability” means a disability incurred or aggravated in the line of duty in the active military, naval, or air service as described in 38 USC 101(16).

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

If yes, enter the names of documents submitted with your proposal to demonstrate status as a qualified disabled veteran.

4. Participation in RFP Development or Evaluation

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

If you enter “YES,” you are not eligible for contract award. An awarded vendor may not partner or subcontract with anyone to provide goods and services required under a resulting contract if that subcontractor or partner assisted in the development of this solicitation.

If you enter “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 the Evaluation Process section of the Proposal Instructions must be provided with Bidder’s proposal.

7. Michigan Economic Impact

How many employees are currently employed at locations within the State of Michigan.

How many additional employees are to be employed at locations within the State of Michigan if awarded this Contract (if any)

What is the minimum wage paid to employees employed at locations within the State of Michigan.

What is the average wage paid to employees employed at locations within the State of Michigan.

What is the percentage of employees employed at locations within the State of Michigan that are covered by employer-provided health insurance.

8. Labor, Antidiscrimination and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor, antidiscrimination and employment laws and regulations received within the past five years.

Bidder must disclose any violations of state or federal environmental laws and regulations received within the past five years.

9. Supplier Diversity

10. Other

11. Response to State Requests

Contractor must enter company name here.

Schedule A – statement of work contract activities Request for Proposal (RFP) No. 230000000008 Wastewater Lagoon and Lift Station Inspections

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, as well as the Contractor who is awarded the contract. The term “Bidder” is used to identify where specific responses to the RFP are required.

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.

IMPORTANT NOTE TO CONTRACTORS/BIDDERS: There are specific requirements for which acceptance must be simply acknowledged through a checkbox(es), and others that require further explanation. Click the appropriate checkbox and complete the entries as appropriate.

BACKGROUND

Michigan Department of Transportation (MDOT) Richmond Rest Area and Adair Rest Area have lagoon systems that process the rest areas’ waste. These systems are discharged one time per year under a Michigan Department of Environment, Great Lakes, and Energy (EGLE) National Pollutant Discharge Elimination System (NPDES) general permit. Services provided under this contract will ensure lagoons and lift stations comply with permit requirements and lift stations remain in working order.

SCOPE

Contractor must furnish all labor, equipment, materials, and supplies necessary to perform lagoon inspections three times per week, perform weekly and monthly lift station inspections, complete pre-discharge sampling, and perform effluent discharge (the “Contract Activities”). Contract Activities must meet operational standards to ensure compliance with the NPDES Wastewater Discharge General Permit, Wastewater Stabilization Lagoon Effluent (See Exhibit 1 – Permit MIG580000). Inspection reports must be provided to MDOT weekly. All Contract Activities must be completed by a C-1c certified wastewater operator.

REQUIREMENTS

1. General Requirements A. Wastewater lagoon inspections must be performed three (3) times per week at each Rest Area facility. Inspections must be performed and recorded in accordance with Wastewater Stabilization Lagoon Facility Operation and Maintenance Inspection Checklist (See Exhibit 2 – Lagoon Checklist). Lagoon inspection will include performing and recording one (1) dissolved oxygen (DO) reading in each cell/pond, at both Rest Area facilities, each week.

B. Weekly general lift station inspections must be performed once per week at each Rest Area facility. Weekly inspections shall include:

1) Recording lift station hours,

2) Manually running each pump,

3) Ensuring check valves are working,

4) Checking the wet well.

5) Submitting a Weekly Lift Station Inspection Checklist (see Exhibit 3 – Weekly Lift Station Inspection Checklist) to the MDOT Program Manager.

C. Monthly comprehensive lift station inspections must be performed once per month at each Rest Area facility. Monthly inspections must be performed the same day/week of each month – for example, the first Monday or during the first week of each month. Monthly inspections shall include:

1) Recording lift station hours,

2) Manually running each pump,

3) Ensuring check valves are working properly,

4) Checking the wet well,

5) Measuring the voltage and amps of the lift station and each pump,

6) Manually operating the floats,

7) Inspecting all the alarms, lights, and horn/sirens,

8) Checking wet well level,

9) Checking grease and/or debris levels will not cause operating issues,

10) Checking lift station security to ensure locks/lids/signage are all functioning.

11) Submitting a Monthly Lift Station Inspection Checklist (see Exhibit 4 – Monthly Lift Station Inspection Checklist) to the MDOT Program Manager.

D. Prior to effluent discharge, pre-discharge samplings must be performed in accordance with Exhibit 1 – Permit MIG580000. Samples must be analyzed by a third-party laboratory and results provided to and approved by MDOT prior to discharge.

Bidder response:

Provide name of laboratory to be used for sample analysis:

E. Effluent discharge must be performed at each Rest Area facility in accordance with Exhibit 1 – Permit MIG580000.

1) Effluent discharge shall occur during the high-flow conditions in the spring of each year.

2) No effluent discharge shall occur between June 1 to September 30 and between January 1 to February 28/29.

3) No effluent discharge shall occur if there is significant ice cover on the receiving stream.

Bidder response:

List all exception(s):

2. Service Requirements

2.1. Timeframes

Contract Activities shall be performed at the specified frequencies on weekdays, Monday through Friday, during daylight hours. Weekend work will require prior approval by the Program Manager.

I have reviewed the above requirements and agree with no exception.

I have reviewed the above requirements and have noted all exception(s) below.

List all exception(s):

3. Staffing

3.1. Contractor Representative

The Contractor must appoint a Program Manager who will be directly responsible for the day-to-day operations of the Contract (the “Contractor Representative”). Contractor Representative must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 24 hours.

Bidder response: Contractor Representative Contact Information:

Name

Title

Toll-free Phone, if available

Office Phone

Mobile Phone

Email Address

The Contractor Representative must be available for calls Monday through Friday during the hours of 8:00 am to 5:00 pm Eastern Time.

The Contractor must notify the Contract Administrator at least 14 calendar days before removing or assigning a new Contractor Representative.

Bidder response:

List all exception(s):

3.2. Key Personnel

The Contractor must appoint an Operator(s) who will be responsible for performing Contract Activities (“Key Personnel”). Key Personnel must be specifically assigned to the State account and must be a C-1c certified wastewater operator.

Contractor’s Key Personnel must be on-site at the Richmond Rest Area and Adair Rest Area lagoons for the duration of the spring discharge period.

Bidder response: Key Personnel Contact Information: (add additional rows or attach separate sheet if assigning multiple operators) Name

Title

Office Phone

Mobile Phone

Email Address

The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency circumstances, resignation, or termination for cause. The State may request a résumé and conduct an interview before approving a change. The State may require a 30-calendar day training period for replacement personnel.

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 of the subcontractor(s):

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 Bidder:

Whether the Bidder 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:

Of the total bid, the price of the subcontractor’s work:

3.4. Security

A. The Contractor is responsible for ensuring the public is not entering restricted areas that may be unlocked while work is occurring and is responsible for securing/locking areas when work is complete each day.

B. In the event of any incident and/or upon request by the State, the Contractor must provide detailed information on background checks performed on employees. Contractor is responsible for all costs associated with processing the background checks.

The State, in its sole discretion, may also perform security background checks. If requested by the State, the Contractor must provide a list of all personnel servicing State of Michigan facilities, including name, date of birth and social security number.

C. The Contractor must use uniforms and/or ID badges to clearly identify its personnel.

Bidder response:

List all exception(s):

The Contractor must explain any additional security measures to be taken to ensure the security of State facilities and the general public.

Explain any additional security measures:

4. Project Management

4.1. Project Plan

The Contractor will carry out this project under the direction and control of the Program Manager, Amanda Novak. All written correspondence and documentation must be submitted via email to the Program Manager at NovakA2@michigan.gov.

All onsite maintenance related issues must be directed to Chris Lane, Huron TSC Transportation Maintenance Coordinator, 989-233-4522, lanec3@michigan.gov.

Bidder response:

List all exception(s):

4.2. Meetings

The Contractor must attend the following meetings:

A. Project kickoff meeting-to be determined after contract award.

B. Other meetings requested and as deemed appropriate by the State.

Bidder response:

List all exception(s):

4.3. Reporting

The following inspections reports and/or analytical results must be submitted to the Program Manager via email. Inspection reports must be submitted by the following Friday after the week inspections are performed.

A. Wastewater Stabilization Lagoon Facility Operation and Maintenance Inspection Checklist; must be submitted weekly.

B. Weekly Lift Station Inspection Reports; must be submitted weekly.

C. Monthly Lift Station Inspection Reports; must be submitted monthly.

D. Pre-Discharge Analytical Results must be submitted prior to the spring discharge.

Bidder response:

List all exception(s):

5. Pricing

5.1. Price Term

Pricing is firm for the entire length of the initial base Contract period.

5.2. Price Changes

Price adjustments may only be requested when a renewal option is executed. Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

Bidder response:

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6. Order Authorizing Document The appropriate authorizing document for the Contract will a Delivery Order.

7. Acceptance Acceptance of Contract Activities will be determined by the Program Manager throughout the duration of the project.

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

A. The Contractor has provided the MDOT Program Manager with weekly inspection reports indicating lagoon inspections are completed at the specified frequency per week (unless the lagoons are snow or ice covered) and properly recorded on the required form.

B. The Contractor has provided the MDOT Program Manager with inspection documents upon completion of lift station inspections.

C. The Contractor has provided the MDOT Program Manager with pre-discharge sampling results. MDOT will determine if sampling was completed in accordance with Exhibit 1 – Permit MIG580000.

D. The MDOT Program Manager will inspect and determine if lagoons were discharged in accordance with the Exhibit 1 – Permit MIG580000.

Bidder response:

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8. Invoice and Payment

8.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) vendor-generated invoice number; (c) Delivery Order number; (d) quantity; (e) description of the Contract Activities; (f) unit price; and (g) total price. Overtime, holiday pay, and travel expenses will not be paid.

8.2. Payment Methods

As required by MCL 18.1283, the State will only disburse payments under this Contract through Electronic Funds Transfer (EFT).

The Contractor is responsible for ensuring current banking information is entered in the State vendor website: https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService.

8.3. Procedure

All invoices must be submitted to the Program Manager, Amanda Novak, Bay Region Resource Specialist, via email to novaka2@michigan.gov.

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9. Liquidated Damages Late or improper completion of the Contract Activities will cause loss and damage to the State, and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $5,000 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

Bidder response:

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Enter company name here

SCHEDULE B - PRICING

Request For Proposal No. 230000000008 Wastewater Lagoon and Lift Station Inspections

1. The Contractor must provide a pricing schedule for the proposed Contract Activities using the below Price Schedule. 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.

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 institution.

No quick payment terms are offered.

Quick payment terms of % discount off invoice if paid within days after receipt of invoice are offered.

4. By submitting its proposal, the Contractor certifies that the prices were arrived at independently, and without consultation, communication, or agreement with any other Contractor.

PRICE SCHEDULE

Quantities listed are estimates only; the State is not obliged to purchase in these or any other quantities. Actual work performed will be determined by and as requested by the Program Manager.

Richmond Rest Area

Adair Rest Area

STANDARD CONTRACT TERMS

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and the Contractor. This Contract will be effective approximately October 31, 2022, and unless terminated, will expire on March 31, 2024 (the “Term”).

This Contract may be renewed for up to five (5) additional one (1) year periods. Renewal is at the sole discretion of the State and will automatically extend the Term of this Contract. The State will document its exercise of renewal options via Contract Change Notice.

The parties agree as follows:

1. Duties of Contractor. Contractor must perform the services and provide the deliverables (the “Contract Activities”) described in a Statement of Work, the initial Statement of Work is attached as Schedule A – Statement of Work. An obligation to provide delivery of any commodity is considered a service and is a Contract Activity.

Contr…