220000000898.pdf

NOTICE OF CONTRACT

NOTICE OF CONTRACT NO. 22000000898 .

between

THE STATE OF MICHIGAN

and

C O

N

TR

A C

TO

R

DC Lawn and Snow

ST

A

TE

Pr og ra m

M an ag er Traci Sincock DNR

6400 Oakville Waltz Road 248-349-8390

Carleton, MI 48117 SincockT@michigan.gov

Daniel Clay

C on tra ct

Ad m in is tra to r Lisa Crozier-Green DNR

734-637-0913 517-388-6626 dan9812@att.net CrozierGreenL@michigan.gov

VS0098802

CONTRACT SUMMARY

DESCRIPTION: Mowing & Trimming DNR Maybury State Park Belleville Lake East & West Boating Access Sites

INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE INITIAL AVAILABLE OPTIONS

EXPIRATION DATE BEFORE

CHANGE(S) NOTED BELOW

May 5, 2022 April 30, 2025 TWO 1-Year Options to Renew April 30, 2025

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 N/A

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-card ☐ Payment Request (PRC) ☐ Other ☐ Yes ☒ No

MINIMUM DELIVERY REQUIREMENTS

N/A

MISCELLANEOUS INFORMATION

THIS IS NOT AN ORDER: Orders will be placed directly by the DNR via the authorized document established in Schedule A, Section 5.1. Authorizing Documents and per the terms, conditions, specifications and pricing of this Contract.

The terms and conditions of this Contract are those of RFP 22000001924, this Contract Agreement and the vendor's quote dated April 26, 2022. In the event of any conflicts between the specifications and / or terms and conditions indicated by the State and those indicated by the vendor, those of the State take precedence.

ESTIMATED CONTRACT VALUE AT TIME OF

EXECUTION $36,000.00

STATE OF MICHIGAN PROCUREMENT

Department of Natural Resources 525 West Allegan, Constitution Hall, Third Floor Lansing, MI 48933

CONTRACT NO. 22000000898

FOR THE CONTRACTOR:

DC Lawn & Snow

Company Name

Authorized Agent Signature

Daniel Clay

Authorized Agent (Print or Type)

Date

FOR THE STATE:

Signature

Lisa Crozier-Green, Contract Administrator

Name & Title

Department of Natural Resources

Agency

Date

Michigan.gov/MiProcurement

SCHEDULE A – STATEMENT OF WORK CONTRACT

ACTIVITIES

Maybury State Park Belleville Lake Boating Access Sites

Mowing and Trimming Services Contract Number 220000000898

SCOPE

This Contract is for Mowing and Trimming at Maybury State Park, Belleville Lake Boating Access Sites (BAS).

BELLEVILLE LAKE BAS – EAST 765 Huron River Drive, Belleville BELLEVILLE LAKE BAS – WEST 4651 Rawsonville Road, Belleville

REQUIREMENTS

1. Requirements

1.1. General Requirements

A. The Contractor agrees to provide all personnel, equipment, tools, materials, supervision, and other items and / or services necessary to perform the Contract Activities as described in Schedule A – Statement of Work.

B. The required objective is to maintain East and West Belleville Boating Access Site (BAS) grounds in a clean and safe condition for use by State employees and DNR customers.

C. The Contractor agrees to provide all supervision necessary to oversee all Contract Activities performed by Contractor personnel or subcontractors.

D. The tentative mowing season begins the week of April 26th each year and ends the week of October 8th each year, approximately 24 weeks.

E. Mowing services may not be performed on Saturdays or Sundays due to the high volume of BAS users.

F. The State reserves the right to approve personnel and / or subcontractors for the Contract Activities, and to require placement of personnel found unacceptable.

G. The State reserves the right to modify the services required under this RFP and / or any resulting contract to meet the State of Michigan’s future needs.

H. The State of Michigan will not pay for unperformed services, or for services performed on State Holidays unless pre-approved in writing (email acceptable) by Program Manager or designee.

I. H. State Holidays include:

New Year’s Eve / New Year’s Day Martin Luther King, Jr. Birthday Presidents Day Memorial Day

Independence Day Labor Day Veteran’s Day Election Day (even numbered years) Thanksgiving Day (Thursday and Friday) Christmas Eve / Christmas Day

1.2 Specifications

A. Project Management

1. The Contractor agrees to carry out all Contract Activities under the direction and control of the DNR Program Manager.

2. The Contractor agrees all Contract Activities will be performed in a timely, professional manner with no disruption to BAS visitor activities.

3. Contract Activities must not impede or disrupt BAS access.

4. During inclement weather, service may be skipped or reschedule at the sole discretion of the Program Manager. The Program Manager or designee shall notify the Contractor by telephone, text or email if regular service is not required, or should be rescheduled.

5. The schedule adjustment following skipped service must be mutually agreed upon by the Program Manager and the Contractor.

B. Grounds Maintenance Specifications

1. The Contractor agrees all grounds maintenance services shall be performed according to the Schedule A Requirements and Specifications and any schedules mutually agreed upon by the Program Manager or designee and the Contractor.

2. The Contractor agrees to exercise precaution at all times for the protection of all people and property. Safety provisions of all applicable laws, regulations and ordinances shall be observed. Maybury State Park may require the Contactor to discontinue hazardous work practices upon written notice.

3. The Contactor shall keep all necessary guards and protective devices in place at locations where work is being performed to prevent injury to the public, or damage to public and/or private property.

4. The Program Manager or designee shall contact the Contractor on a weekly basis to schedule any services required during the week.

a. During inclement weather, weekly services may be skipped or rescheduled at the discretion of the Program Manager or designee.

b. All changes in scheduled service must be pre-approved by the Program

Manager or designee.

c. The Program Manager or designee shall determine service priorities and designate areas not to be serviced due to wet or drought conditions.

5. The Contractor agrees to ensure all Contractor employees will exercise extreme care when operating string trimmers and mowing equipment around trees, wooden posts, or other landscape features.

6. The Contractor agrees Contractor employees will remove and dispose of any trash or debris on lawn before mowing. Small quantities of trash may be placed in trash bins on site. Large quantities must be bagged and removed by the Contractor.

7. The Contractor agrees to remain responsible for the removal and / or disposal of any lawn clippings, leaves, or tree limbs as necessary from walkways, parking lots and other paved areas. Grass clippings may be left on the lawn to decompose, unless in such significant piles the clippings would damage or suffocate the grass.

8. The Contractor agrees to remain responsibility for the repair, replacement or cleanup of damages incurred to State managed property or private owned property and personal bodily injury caused as a result of Contractor / employee negligence, unsafe work practices, operator error, carelessness or misuse of equipment while performing Contract Activities.

9. Under no circumstances shall the DNR or the State of Michigan be responsible for any damage to the Contractor’s equipment, or any injury to the Contractor’s employees, due to obstacles encountered on State property

10. The State is not obligated to purchase these services in any specific amounts.

C. Clean Up and Mowing

1. The Contractor agrees to notify the Program Manager of any areas with conditions which prevent or impede trimming or mowing.

2. Clean Up:

a. No litter or tree debris shall be driven over by any cutting device.

b. Before, during and after mowing - Contractor employees or subcontractor shall pick up and properly dispose of all trash, litter, tree debris (limbs, large twigs), etc. in the areas to be mowed.

3. Mowing:

a. Grass shall be mown to a height of three (3) inches.

b. Mowing equipment must not create ruts or cause any type of damage to grounds.

c. Mowing equipment shall be kept at a distance from, and not cause damage to, trees, fences fence / sign posts, or other landscape features.

d. Grass clippings shall be blown away from the public and all structures, vehicles, storm drains, parking areas, detention basins or adjacent private property. Vehicles are not to be sprayed with grass or stones.

e. The Contractor agrees to remain responsible for the removal and / or disposal of any lawn clippings, leaves, or tree limbs as necessary from walkways, parking lots and other paved areas. Grass clippings may be left on the lawn to decompose, unless in such significant piles the clippings would damage or suffocate the grass.

f. The Contractor shall comply with all regulations pertaining to yard clippings and their disposal according to State and Federal Guidelines per Exhibit A.

g. Mowing may not be done in severe wet conditions to prevent damage to turf, drainage areas or soil.

h. Mowing may not be done in drought conditions as specified by the Program Manager.

i. No grass or weed killer of any type will be permitted.

j. The Contractor agrees to take every precaution to avoid spillage or leakage of petroleum products. If leakage/spillage occurs, the Contractor shall take immediate action to clean up the spill in accordance with recommended standards for remediation of hazardous material spillage.

4. Trimming

a. The Contractor agrees trimming shall be performed with string type trimmers or hand shears around structures, trees, curbs, fences, posts, walks, drives, etc.

b. Grass and weeds around trees and fence / sign posts shall be trimmed by a method which will not damage tree bark, posts or landscaping. Considerable damage to trees and wooden posts has been caused by string trimmers.

Contractor must ensure employees take necessary precaution to avoid exacerbating the existing damage. Use of plastic shields is required for string trimmers.

c. New growth of vines, trees, etc., shall be trimmed a minimum of two (2) feet around fencing, guard rails, etc.

d. Grass and weeds shall be trimmed a minimum of six (6) feet from edges of drives, ramps, parking lots and walkways, including around rocks.

e. Grass clippings, dirt and debris shall be blown or swept from all walkways, parking areas and driving areas after trimming. Excess grass clippings, dirt and debris shall be removed and disposed of by the Contractor, when required.

5. “On-Call” Additional Service

a. Optimal weather conditions or special events require service in one or more

Service Areas more frequently than the weekly or bi-weekly schedule specified.

b. The Contractor agrees to perform additional “on-call” services, as requested by the Program Manager within 24 hours of receiving the request.

D. Grounds Maintenance Equipment

1. The Contractor agrees to supply all equipment needed to complete Contract

Activities including ground maintenance equipment, safety equipment, fuel and transportation.

2. The Contractor agrees to provide a variety of suitable equipment

3. (mowers, power blowers, string trimmers, hand tools, etc.) in

4. appropriate quantity to adequately perform the Contract Activities in an approved safe, competent manner.

5. Equipment failure WILL NOT constitute an acceptable reason for failure to perform Contract Activities.

6. In the event of a mechanical breakdown, the Contractor must provide backup equipment so that grounds maintenance services are performed as requested.

Equipment Quantity Owned Rented

Toro 60" Zero Turn 1 ☒ ☐ Exmark 60" Zero Turn 3 ☒ ☐ Toro 48" Zero Turn 1 ☒ ☐ Redmax String Trimmer 4 ☒ ☐

Redmax Backpack Blower 5 ☒ ☐ We have backup trucks, mowers, string trimmers and back pack blowers if there is an equipment failure

E. Hazardous Conditions

1. Conditions that are deemed hazardous, or that may be questionable (i.e., loose railings, exposed wiring, broken windows, etc.) must be:

a. Immediately verbally reported to the Program Manager or designee.

b. Written follow up to the Program Manager or designee within 24 hours. Written follow up should include a description of the hazardous condition, the specific location, and the date and time the condition was discovered.

F. Inspection and Correction of Deficiencies

1. Performance Evaluations will be given to the Contractor noting exceptions in performance to the required specifications.

a. Contractor must correct deficiencies within 8 business hours.

b. Failure to perform, or failure to correct deficiency within the specified time, may result in a deductible incident, a vendor performance entered against the Contractor, a deductible incident, and / or contract cancellation. Refer to Section 6.0 for detail regarding deductible incidents.

1.3. Warranties

A. The State reserves the right to require additional warranties other than those identified by the Contractor.

B. Damage to State-owned, Leased or Citizen-owned Property

1. In all instances where State-owned or Citizen-owned property (private vehicles, etc.) or equipment is damaged, the Contractor agrees to notify the Program Manager or designee of the facts and extent of the damage:

a. Verbally – within one hour of the damage or discovery of damage, and

b. In writing within 24 hours of the damage or discovery of damage.

2. Contractor shall be responsible for repair, replacement or cleanup as necessary to any State-owned or Citizen-owned property due to carelessness, misuse or neglect of the Contractor or any of the Contractor’s personnel or subcontractors.

3. In the event of Contractor liability for damages, the Contractor agrees:

a. The State will repair, replace or cleanup the damage.

b. The State will provide the Contractor with documentary evidence (i.e.

invoices, etc.) of the costs associated with the repair, replacement or cleanup, and

c. The Contractor will reimburse the State for the full amount of the repair, replacement or cleanup either by:

i. Forwarding payment in full within 45 days of receipt of documentary evidence, or

ii. By agreeing, in writing, to allow the State to hold back contractual payments until the cost for the repair, replacement or cleanup has been fully reimbursed to the State.

C. Health, Safety and Environmental Protection

1. The Contractor agrees to conform to all applicable federal, state and local laws and to the requirements of this contract.

2. In performing the Contract Activities, the Contractor shall:

a. Take all reasonable precautions to prevent the release of hazardous chemicals into the environment.

b. Take all additional precautions the Program Manager or designee requires.

3. Any violation of the health, safety and environmental rules may be grounds for termination of this contract.

1.4. Quality Assurance Program

A. The Contractor shall remain responsible for the repair and maintenance of all equipment used in the performance of the Contract Activities.

1.5. Incentives

The Contractor is not offering any special incentives, services or quick payment terms.

2. Service Levels

2.1. Time Frames

A. All Contract Activities must be performed in compliance with all Schedule A requirements or as requested by the Program Manager or designee. B. Contract Activities may commence from receipt of Delivery Order.

B. The Contractor is not authorized to begin performance until receipt of Delivery Order.

C. The receipt of order date is pursuant to Section 2, Notices, of the Standard Contract Terms.

2.2. Reporting

A. Reports and Forms

1. The Contractor must submit to the Program Manager or designee signed service receipts indicating areas where services were performed during the week.

2. The Contractor agrees to complete and provide any additional reports or DNR required forms. The Program Manager or designee will provide Contractor with DNR required forms.

a. Reports and forms may include, but are not limited to:

i. Service Receipts

ii. Damage Reports

iii. Accident / Incident Reports

iv. Contractor Evaluation

3. The State reserves the right to require other reports or completion of additional forms.

4. Damage Reports

a. In all instances where State property or equipment is damaged, the Contractor shall submit to the Program Manager or designee a Damage Report containing the facts and extent of the damage. Damage reports must be submitted verbally within one hour of the damage, and in writing within twenty-four (24) hours of the damage.

5. Accident Reports

a. The Contractor shall comply with State of Michigan, OSHA, and other regulatory agency requirements for record keeping and reporting of all accidents resulting in death, trauma, or occupational illness.

b. The Contractor must provide a verbal report to the Program Manager or designee within one hour of the accident, and a written report within twenty-four (24) hours of the accident.

2.3. Meetings

A. The Contractor must attend any meetings requested by the State.

B. Meetings may include:

1. Kick-off meeting within 30 calendar days of the Effective Date of the contract to discuss the Contract Requirements, Terms and Contractor work plan.

2. Annual Service Review and Progress Meeting to discuss services provided and Contractor’s service quality.

3. Quarterly Program Manager Meeting to discuss progress and provide guidance solving issues that arise.

C. The State may request other meetings as it deems appropriate.

3. Staffing

3.1 Key Personnel

A. The Contractor agrees to designate at least one Key Personnel who will be directly responsible for the day-to-day operations of the Contract. Key Personnel may be the same individual as the Contractor Representative. B. Key Personnel must be:

1. Knowledgeable of the contractual requirements

2. Respond to emergency situations within two (2) hours, and

3. Respond to State inquiries within eight (8) business hours

4. Trained and qualified to directly supervise the day-to-day Contract Activities.

B. General employees or attendants may not be substituted for Key Personnel.

C. The State reserves the right to:

1. Require more than one Key Personnel to adequately supervise the day-today Contract Activities.

2. Approve Key Personnel and / or

3. Require replacement of Key Personnel, if necessary, to successfully perform the Contract Activities.

4. Request a résumé and conduct an interview before approving a change.

5. Require a 30 calendar-day training period for replacement personnel.

D. The Contractor agrees not to remove or assign Key Personnel without 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.

Key Personnel: Daniel Clay Location: 6400 Oakville Waltz Rd, Carleton, MI 48117 Telephone Number: 734-637-0913 Email Address: dan9812@att.net Organizational Role: Owner Qualifications: Owner/Operator for 16 Years

Relevant Experience: 16 Years of mowing services Scope of responsibilities: Manage day to day operations, mow, trim and maintain properties Other Contracts: No other government contracts Geographic Region Covered: Metro Detroit Number of employees supervised: 2

3.2 Contractor Representative

A. The Contractor agrees to designate one Contractor Representative assigned to any resulting Contract who will be available to receive calls for service prior to 7:00 a.m.

Monday – Friday, respond to notice of unacceptable conditions within four (4) business hours and respond to State inquiries regarding the Contract Activities. The

B. Contractor Representative and Key Personnel may be the same individual.

C. The Contractor agrees to notify the Contract Administrator at least ten (10) calendar days before removing or assigning a new Contractor Representative. The Contract Administrator will draft a Change Notice for signature by the Contractor.

D. The Contractor must identify the Contractor Representative, indicate where they will be physically located, provide contact information and describe the functions they will perform.

Contractor Representative: Daniel Clay Location: 6400 Oakville Waltz Rd, Carleton, MI 48117 Telephone Number: 734-637-0913 Email Address: dan9812@att.net Organizational Role: Owner Days / Times Available: Any Function: Owner

3.2. Disclosure of Subcontractors

A. The Contractor does not intent to utilize subcontractors for any portion of the

Contract Activities.

B. In the event the Contractor requires the use of a subcontractor, the Contractor agrees to remain responsible for the management of any subcontractors utilized for the performance of Contract Activities.

C. Subcontractors will be bound to the Contractor by the terms of any resulting Contract.

1. Subcontractors are any individual, organization or company who may be present on State property to perform or supervise Contract Activities, or who assist in the performance of the Contract Activities on or off-site and may include temporary employment agencies, rental companies, delivery companies, etc.

2. The State reserves the right to review and approve subcontractors or require replacement of unacceptable subcontractors. The State’s written approval of any subcontractor does not relieve the Contractor of any obligation or performance required under any resulting Contract.

3. Any change in named subcontractor(s) should be pre-approved, in writing (email is acceptable) by the Program Manager, with notice to the Contract Administrator.

4. The State will direct payments for Contract Activities only to the Contractor.

5. If the Contractor intends to utilize a subcontractor for any portion of the

Contract Activities the Contractor agrees to provide the following:

a. Subcontractor Name

b. Business Address

c. Telephone

d. Email

e. Description of organization

f. Service Provided

6. The Contractor agrees all staff performing Contract Activities will be adequately trained.

7. The Contractor agrees all Contractor employees shall be appropriately attired and wear proper protective equipment while performing Contract Activities.

8. The Contractor intends to provide a minimum of 2 individuals to perform the Contract Activities.

9. In the event of sick or no-show employees, the Contractor will perform service.

3.4 Security

A. Contractor Responsibilities

1. All persons assigned by the Contractor to perform Contract Activities will be employees of the Contractor or a named subcontractor and fully qualified to perform the work assigned to them.

2. The Contractor agrees all persons performing Contract Activities will be readily identifiable as Contractor employees by wearing uniforms and / or displaying Contractor ID badges.

3. The State may require Contractor employees to wear State issued ID badges.

4. The State reserves the right to request background checks at the discretion of state agencies or branches of state government as outlined in the Standard Contract Terms document.

B. DNR Human Resources Responsibilities

1. DNR Human Resources, or designee, is the sole contact to view background check or drug testing results on behalf of the State.

2. DNR Human Resources contact person is Amy Abdo, AbdoA@michigan.gov or (517) 284-5017.

4. Pricing

4.1. Price Term

A. Pricing is firm for a 365-day period (“Pricing Period”) which begins on the Effective Date of any resulting Contract. Adjustments may be requested in writing by either party, effective no earlier than the next Pricing Period.

mailto:AbdoA@michigan.gov

4.2. Price Changes

A. Adjustments will be based only on actual changes in 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.

B. 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.

C. 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.

5. Ordering

5.1. Authorizing Document

A. The appropriate authorizing document to begin Contract Activities will be properly executed delivery order (DO). Delivery orders will be provided to the Contractor via the email address in their SIGMA VSS account.

5.2 Order Verification

A. The Contractor must have internal controls to verify abnormal requests and to ensure that only authorized individuals request service.

6. Service Levels

6.1. Days and Times of Service

A. The Contractor agrees to adhere to the days and times of service as requested by the Program Manager or designee.

B. Contractor agrees all site staff are to remain actively working during specified times of service, except during regularly scheduled breaks.

6.2. Acceptance, Inspection and Testing

A. The Program Manager or designee is the only individual authorized to determine whether the Contract Activities are acceptable. Notice of unacceptable service or conditions by anyone other than the Program Manager or designee should be forwarded to the Program Manager for verification.

B. If the Program Manager or designee determine any portion of the Contract Activities are unacceptable, the Program Manager or designee will immediately notify the Contractor Representative by telephone with follow up written notice by email.

C. Acceptance of Contract Activities is pursuant to Section 14 of the Standard Contract Terms.

D. The following criteria will be used by the State to determine Acceptance of the Contract Activities under this Contract.

1. The Program Manager or designee may inspect for compliance with the requirements of the Contract noting any deficiencies. The Program Manager or designee will make the final determination as to whether any service has been satisfactorily performed.

2. The Program Manager or designee will maintain a record of complaints from the agency or departmental staff and provide record of complaints to the Contractor.

The record will identify areas requiring special attention, on the day the complaint was received, which must be completed by the Contractor within eight business hours of receipt.

3. The Contractor agrees to remain responsible to successfully perform any service that has not been performed satisfactorily. Contractor must correct the deficiency within 8 business hours, or sooner, depending on the severity of the issue.

6.2. Causes for Contractual Deductions

A. Deductible Incidents include, but are not limited to:

1. Failure to Respond to Emergency Situations

2. Damage to Trees or Posts

3. Unsatisfactory Conditions

4. Incomplete or Missing Records or Reports

5. Inadequate Equipment or Insufficient Staff

B. Failure to Respond to Emergency Situations

1. In the event of an emergency, the Program Manager or designee will telephone the assigned Key Personnel.

2. Key Personnel failure to respond to the Program Manager or designee within two (2) hours of the initial call may result in a $100.00 invoice deduction and an additional deduction of $50.00 for every ½ hour of delay.

C. Damage to Trees or Posts

1. DNR will be planting landscape trees and replacing wooden posts, benches, etc. Damage to newly planted trees or new posts will result in the following invoice deductions:

a. Tree: Actual replacement cost of a 4’ sapling of same or similar species.

b. Post: Actual replacement cost of a post of like material and dimensions. D. Unsatisfactory Conditions

2. The Program Manager or designee is authorized to determine whether Contract Activities are satisfactory.

3. If the Program Manager or designee determines any Contract Activity has not been adequately performed, the Program Manager or designee will immediately notify the Contractor of the unsatisfactory condition. Notification may be verbal, by telephone, text or email. Text or email is preferred.

4. Failure to correct the deficiency within 8 business hours (or specified timeframe) may result in a $100.00 per day invoice deduction for the first day, and a $100.00 deduction for each additional day.

E. Incomplete or Missing Records or Reports

1. Failure to complete and submit any required report or form within specified time may result in a $25.00 per day invoice deduction.

F. Inadequate Equipment or Insufficient Staff

1. Inadequate Equipment or Insufficient Staff may result in a $50.00 per day invoice deduction.

6.3. Escalation (Contract Compliance)

A. First Instance –

1. If the Program Manager or designee determines the Contractor is noncompliant with the terms, conditions and / or specifications of the contract, or a Deductible Incident or Condition has occurred, the Program Manager or designee will:

a. Verbally notify the Contractor of the situation or issue

b. Provide a description of the non-compliance or Deductible Incident or

Condition.

c. Specify a date by which the issue must be resolved.

2. The Contractor should provide the Program Manager or designee with a verbal root cause analysis and corrective action plan.

3. The Program Manager or designee will preserve a written record of the issue, proposed resolution, and time frame for inclusion in the annual Contract Compliance Report and provide a copy to the Contractor.

B. Second Instance –

1. If resolution is not achieved, or the issue arises again, the Program Manager or designee will:

2. Schedule an in-person meeting with the Contractor and provide, in writing:

a. A description of the specific problem

b. A description of the actions the Contractor is expected to take to resolve the problem

c. A date by which the Contractor is expected to resolve the problem

d. Notify Contractor of the intent to exercise the Contractual Deduction

e. Request, in writing, the Contractor’s root cause and corrective action plan.

f. Program Manager or designee should preserve a written record of the meeting, expectations and resolution for inclusion in the annual Contract Compliance Report and provide a copy for the Contractor.

g. Exercise the Contractual Deduction as a deduction from the next invoice.

h. Enter a Vendor Performance Report in SIGMA. Vendor Performance

Reports entered in SIGMA may be used for proposal evaluation in future bid opportunities.

i. If resolution is not achieved or the issue arises again, a written notice of termination may be sent to the Contractor.

j. In the event a contract is cancelled, the State may award the contract to the next lowest qualified bidder.

7. Invoice and Payment

7.1. Invoice Requirements

A. Invoices must reflect actual work completed.

B. Invoices for service must not be submitted in advance of actual performance.

C. Invoice amount must be pro-rated if Service was not completed during the invoice period. Pro-rata calculated by dividing the price per occurrence by the acreage in the Service Area included on the invoice.

D. All invoices submitted to the State must include:

- Date

- Delivery Order number (DO or Doc I.D.)

- Quantity – Service Area and Acres

- Description of the Contract Activities

- Unit price / Price Per Occurrence

- Total price

E. All invoices must match, and will be verified against, service receipts.

F. Prior to release of payment, invoices will be adjusted to account for any outstanding invoice deductions, property repair or replacement, or liquidated damages.

7.2. Payment Methods

A. The State will make payment for Contract Activities by Electronic Funds Transfer

(EFT) only.

B. EFT payment will be adjusted by any Invoice / Contractual Deductions.

7.3. Procedure / Payment Terms

A. Payment terms are Net 45 Days after receipt of invoice (ARI).

8. Project Plan

A. The Contractor will carry out this project under the direction and control of the Program Manager.

B. Within 30 calendar days of the Effective Date, the Contractor may be required to submit a project plan to the Program Manager for final approval.

C. If requested the plan must include:

(a) the Contractor's organizational chart with names and title of personnel assigned to the project, which must align with the staffing stated in accepted proposals; and

(b) the project breakdown showing sub-projects, tasks, and resources required.

9. Transition

A. Contract Execution: The Contractor agrees to sign and date the Contract by the estimated Contract Start Date and provide a current certificate of liability insurance with the required coverage and limits of liability as stated in Section 6 of the Standard Contract Terms.

B. Post-Contract Transition:

1. Invoices must be received by the State within 45 days after expiration of the contract. Any invoices received after 45 days of contract expiration may result in a non-payment of invoice.

2. The Contractor agrees, if required, to continue providing Contract Activities for the length of time specified in Section 21 of the Standard Contract Terms.

10. Liquidated Damages

A. 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.

B. If there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $500 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

SCHEDULE B - PRICING

Maybury State Park Belleville Lake Boating Access Sites

Mowing and Trimming Services Contract Number 220000000898

1. Price proposed includes 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).

2. The Contractor is not offering quick payment terms.

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

GROUNDS MAINTENANCE PRICING

OCCASIONS PRICE PER

OCCASION

ANNUAL TOTAL

BELLEVILLE EAST BAS

MOW, TRIM AND CLEANUP

APPROXIMATELY 24 OCCASIONS PER YEAR

24 $220.00 $ 5,280.00

BELLEVILLE WEST BAS

MOW, TRIM AND CLEANUP

APPROXIMATELY 24 OCCASIONS PER YEAR

24 $80.00 $ 1,920.00

ANNUAL TOTAL $ 7,200.00

CONTRACT TOTAL – THREE BASE YEARS PLUS 2 OPTIONS TO RENEW $36,000.00

STANDARD CONTRACT TERMS

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and DC Lawn and Snow, a Michigan Company. This Contract is effective on May 1, 2022 (“Effective Date”), and unless terminated, expires on April 30, 2025.

This Contract may be renewed for up to TWO 1-Year Options to Renew. 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:

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

Contractor must furnish all labor, equipment, materials, and supplies necessary for the performance of the Contract Activities unless otherwise specified in Schedule A.

Contractor must: (a) perform the Contract Activities in a timely, professional, safe, and workmanlike manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract Activities in good quality, with no material defects; (d) not interfere with the State’s operations; (e) obtain and maintain all necessary licenses, permits or other authorizations necessary for the performance of the Contract; (f) cooperate with the State, including the State’s quality assurance personnel, and any third party to achieve the objectives of the Contract; (g) return to the State any State-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract; (h) assign to the State any claims resulting from state or federal antitrust violations to the extent that those violations concern materials or services supplied by third parties toward fulfillment of the Contract; (i) comply with all State physical and IT security policies and standards which will be made available upon request; and (j) provide the State priority in performance of the Contract except as mandated by federal disaster response requirements. Any breach under this paragraph is considered a material breach.

Contractor must also be clearly identifiable while on State property by wearing identification issued by the State, and clearly identify themselves whenever contacting the State.

2. Notices. All notices and other communications required or permitted under this

Contract must be in writing and will be considered given and received: (a) when verified by written receipt if sent by courier; (b) when actually received if sent by mail without verification of receipt; or (c) when verified by automated receipt or electronic logs if sent by facsimile or email.

If to State: If to Contractor:

Lisa Crozier-Green 525 West Allegan, Constitution Hall, 3rd Floor Lansing, MI 4933 CrozierGreenL@michigan.gov 517-388-6626

Daniel Clay 6400 Oakville Waltz Carleton, MI 48117 dan9812@att.net 734-637-0913

3. Contract Administrator. The Contract Administrator, or the individual duly authorized for each party, is the only person authorized to modify any terms of this Contract, and approve and execute any change under this Contract (each a “Contract Administrator”):

If to State: If to Contractor:

Lisa Crozier-Green 525 West Allegan, Constitution Hall, 3rd Floor Lansing, MI 4933 CrozierGreenL@michigan.gov 517-388-6626

Daniel Clay 6400 Oakville Waltz Carleton, MI 48117

4. Program Manager. The Program Manager for each party will monitor and coordinate the day-to-day activities of the Contract (each a “Program Manager”):

If to State: If to Contractor:

Traci Sincock SincockT@michigan.gov 248-349-8390

Daniel Clay 6400 Oakville Waltz Carleton, MI 48117

5. Performance Guarantee. Contractor must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the Contract and must provide proof upon request. The State may require a performance bond (as specified in Schedule A – Statement of Work) if, in the opinion of the State, it will ensure performance of the Contract.

6. Insurance Requirements.

Contractor, at its sole expense, must maintain the insurance coverage identified below. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or otherwise result from Contractor's or a subcontractor's performance; (b) be primary and non-contributing to any comparable liability insurance (including selfinsurance) carried by the State; and (c) be provided by a company with an A.M. Best rating of "A-" or better, and a financial size of VII or better.

mailto:CrozierGreenL@michigan.gov mailto:dan9812@att.net mailto:CrozierGreenL@michigan.gov mailto:dan9812@att.net mailto:SincockT@michigan.gov mailto:dan9812@att.net

Required Limits Additional Requirements Commercial General Liability Insurance

Minimum Limits:

$1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $2,000,000 Products/Completed Operations $2,000,000 General Aggregate

Contractor must have their policy endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds using endorsement CG 20 10 11 85, or both CG 20 10 12 19 and CG 20 37 12 19.

Automobile Liability Insurance Minimum Limits:

$1,000,000 Per Accident Contractor must have their policy: (1) endorsed to add “the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds;

and (2) include Hired and Non-Owned Automobile coverage.

Required Limits Additional Requirements Workers' Compensation Insurance Minimum Limits:

Coverage according to applicable laws governing work activities.

Waiver of subrogation, except where waiver is prohibited by law.

Employers Liability Insurance Minimum Limits:

$500,000 Each Accident $500,000 Each Employee by Disease $500,000 Aggregate Disease

If any of the required policies provide claims-made coverage, the Contractor must: (a) provide coverage with a retroactive date before the Effective Date of the Contract or the beginning of Contract Activities; (b) maintain coverage and provide evidence of coverage for at least 3 years after completion of the Contract Activities; and (c) if coverage is cancelled or not renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract Effective Date, Contractor must purchase extended reporting coverage for a minimum of 3 years after completion of work.

Contractor must: (a) provide insurance certificates to the Contract Administrator, containing the agreement or delivery order number, at Contract formation and within 20 calendar days of the expiration date of the applicable policies; (b) require that subcontractors maintain the required insurance contained in this Section; (c) notify the Contract Administrator within 5 business days if any insurance is cancelled; and (d) waive all rights against the State for damages covered by insurance. Failure to maintain the required insurance does not limit this waiver.

This Section is not intended to and is not to be construed in any manner as waiving, restricting or limiting the liability of either party for any obligations under this Contract (including any provisions hereof requiring Contractor to indemnify, defend and hold harmless the State).

7. Relationship of the Parties. The relationship between the parties is that of independent contractors. Contractor, its employees, and agents will not be considered employees of the State. No partnership or joint venture relationship is created by virtue of this Contract.

Contractor, and not the State, is responsible for the payment of wages, benefits and taxes of Contractor’s employees and any subcontractors. Prior performance does not modify Contractor’s status as an independent contractor. Neither party has authority to contract for nor bind the other party in any manner whatsoever.

8. Intellectual Property Rights. If Schedule A, Statement of Work, requires Contractor to create any intellectual property, Contractor hereby acknowledges that the State is and will be the sole and exclusive owner of all right, title, and interest in the Contract Activities and all associated intellectual property rights, if any. Such Contract Activities are works made for hire as defined in Section 101 of the Copyright Act of 1976. To the extent any Contract Activities and related intellectual property do not qualify as works made for hire under the Copyright Act, Contractor will, and hereby does, immediately on its creation, assign, transfer and otherwise convey to the State, irrevocably and in perpetuity, throughout the universe, all right, title and interest in and to the Contract Activities, including all intellectual property rights therein.

9. Subcontracting. Contractor may not delegate any of its obligations under the Contract without the prior written approval of the State. Contractor must notify the State at least 90 calendar days before the proposed delegation and provide the State any information it requests to determine whether the delegation is in its best interest. If approved, Contractor must: (a) be the sole point of contact regarding all contractual matters, including payment and charges for all Contract Activities; (b) make all payments to the subcontractor; and (c) incorporate the terms and conditions contained in this Contract in any subcontract with a subcontractor. Contractor remains responsible for the completion of the Contract Activities, compliance with the terms of this Contract, and the acts and omissions of the subcontractor. The State, in its sole discretion, may require the replacement of any subcontractor.

10. Staffing. The State’s Contract Administrator may require Contractor to remove or reassign personnel by providing a notice to Contractor.

11. Background Checks. Pursuant to Michigan law, all agencies subject to IRS Pub. 1075 are required to ask the Michigan State Police to perform fingerprint background checks on all employees, including Contractor and Subcontractor employees, who may have access to any database of information maintained by the federal government that contains confidential or personal information, including, but not limited to, federal tax information.

Further, pursuant to Michigan law, any agency described above is prohibited from providing Contractors or Subcontractors with the result of such background check. For more information, please see Michigan Public Act 427 of 2018. Upon request, or as may be specified in Schedule A, Contractor must perform background checks on all employees and subcontractors and its employees prior to their assignment. The scope is at the discretion of the State and documentation must be provided as requested. Contractor is responsible for all costs associated with the requested background checks. The State, in its sole discretion, may also perform background checks.

12. Assignment. Contractor may not assign this Contract to any other party without the prior approval of the State. Upon notice to Contractor, the State, in its sole discretion, may assign in whole or in part, its rights or responsibilities under this Contract to any other party. If the State determines that a novation of the Contract to a third party is necessary, Contractor will agree to the novation and provide all necessary documentation and signatures.

13. Change of Control. Contractor will notify the State, within 30 days of any public announcement or otherwise once legally permitted to do so, of a change in Contractor’s organizational structure or ownership. For purposes of this Contract, a change in control means any of the following: (a) a sale of more than 50% of Contractor’s stock; (b) a sale of substantially all of Contractor’s assets; (c) a change in a majority of Contractor’s board members; (d) consummation of a merger or consolidation of Contractor with any other entity; (e) a change in ownership through a transaction or series of transactions; (f) or the board (or the stockholders) approves a plan of complete liquidation. A change of control does not include any consolidation or merger effected exclusively to change the domicile of Contractor, or any transaction or series of transactions principally for bona fide equity financing purposes.

In the event of a change of control, Contractor must require the successor to assume this Contract and all of its obligations under this Contract.

Ordering. Contractor is not authorized to begin performance until receipt of authorization as identified in Schedule A.

14. Acceptance. Contract Activities are subject to inspection and testing by the State within 30 calendar days of the State’s receipt of them (“State Review Period”), unless otherwise provided in Schedule A. If the Contract Activities are not fully accepted by the State, the State will notify Contractor by the end of the State Review Period that either: (a) the Contract Activities are accepted but noted deficiencies must be corrected; or (b) the Contract Activities are rejected. If the State finds material deficiencies, it may: (i) reject the Contract Activities without performing any further inspections; (ii) demand performance at no additional cost; or (iii) terminate this Contract in accordance with Section 24, Termination for Cause.

Within 10 business days from the date of Contractor’s receipt of notification of acceptance with deficiencies or rejection of any Contract Activities, Contractor must cure, at no additional cost, the deficiency and deliver unequivocally acceptable Contract Activities to the State. If acceptance with deficiencies or rejection of the Contract Activities impacts the content or delivery of other non-completed Contract Activities, the parties’ respective Program Managers must determine an agreed to number of days for re-submission that minimizes the overall impact to the Contract. However, nothing herein affects, alters, or relieves Contractor of its obligations to correct deficiencies in accordance with the time response standards set forth in this Contract.

If Contractor is unable or refuses to correct the deficiency within the time response standards set forth in this Contract, the State may cancel the order in whole or in part. The State, or a third party identified by the State, may perform the Contract Activities and recover the difference between the cost to cure and the Contract price plus an additional 10% administrative fee.

15. Invoices and Payment. Invoices must conform to the requirements communicated from time-to-time by the State. All undisputed amounts are payable within 45 days of the State’s receipt. Contractor may only charge for Contract Activities provided as specified in Schedule A. Invoices must include an itemized statement of all charges. The State is exempt from State sales tax for direct purchases and may be exempt from federal excise tax, if Services purchased under this Agreement are for the State’s exclusive use.

Notwithstanding the foregoing, all fees are exclusive of taxes, and Contractor is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by the State under this Contract.

The State has the right to withhold payment of any disputed amounts until the parties agree as to the validity of the disputed amount. The State will notify Contractor of any dispute within a reasonable time.