professional-services-combined-rfp-solicitation-documents (002)_HMA M-19 (11).docx

Michigan.gov/MiProcurement proposal instructions Department of Transportation Request for Proposal No. 230000002506 Solicitation Manager Name: Terry Harris Direct Phone:517-249-0870 Email: Harrist@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724 This is a Request For Proposal (RFP) for:

Hot Mix Asphalt (HMA), Cold Milling, Detail 7 M-19 from 31 Mile to Boardman Rd in Macomb 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.

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

Exhibit 1A

Recycled Tire Rubber Modified Hot Mix Asphalt Mixtures Permissive Informational

R044F (3) Informational

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

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

5. DELIVERY OF PROPOSAL.

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

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 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: Cb = HMA Paving.

MDOT Construction Prequalification in category Only proposals meeting the mandatory minimum requirements will be considered for evaluation.

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

The contract will be awarded to the bidder who meets the specification as determined by the State and offers the Lowest price to the State.

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

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

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

8. 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.

9. 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.

10. 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.

11. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in the Evaluation Process section of this document, and price, as demonstrated by the proposal. The State will post an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS or in the manner it was originally published.

12. DEBRIEF MEETING AND BID PROTEST. The State will post 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 electronically to RademacherC@michigan.gov no later than 3:00 p.m., 3 calendar days after posting the Award Recommendation and Evaluation Synopsis on SIGMA VSS, or by 3:00 p.m. the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS.

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

13. 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.

14. 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.

15. 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.

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.

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

i. 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.”

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.

confidential treatment form INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT Form and sign where indicated. This CT Form must be signed by the individual who signed the bidder’s proposal. A completed CT Form must be submitted with your proposal, regardless of whether your proposal contains confidential information.

Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive. 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.

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

RFP Number

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.

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.

RFP Number

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.

Bidders responding to solicitations for MDOT’s Prequalification Maintenance Contracting (PMC) do not need to respond to the grayed-out questions in Sections #2, #5, and #7.

1. Contact Information

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

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

2. Company Background Information

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

What state was the company formed in?

Phone number.

Website address.

Number of years in business and number of employees.

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

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

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

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

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

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

State your gross annual sales for 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

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

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

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

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

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

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

4. Participation in RFP Development or Evaluation

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 last5 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

Number of employees currently employed at locations within the State of Michigan.

Number of additional employees to be employed at locations within the State of Michigan if awarded this Contract (if any).

Minimum wage paid to employees employed at locations within the State of Michigan.

Average wage paid to employees employed at locations within the State of Michigan.

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

8. Labor and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor 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

Contractor must enter company name here.

Schedule A – statement of work contract activities Request for Proposal (RFP) No. 230000002506

Hot Mix Asphalt (HMA), Cold Milling, Detail 7 M-19 from 31 Mile to Boardman Rd in Macomb County 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 one checkbox and complete the entries as identified.

SCOPE

The Michigan Department of Transportation (MDOT), Macomb Transportation Service Center (TSC) is requesting bids for Prequalified Maintenance Contractors, Category Cb, HMA Paving, Cold milling and Detail 7 in various location as follow:

M-19 from 31 Mile to Boardman Rd in the City of Roseville, Cities of Richmond and Memphis in Macomb County.

Work consists of furnishing labor, material, and equipment to perform HMA repairs as outlined below and in accordance with these Contract Provisions and Attachment documents (the “Contract Activities”).

The Project Manager will identify the repairs areas once traffic control is in place for each specified segment.

1. Requirements

1.1. General Requirements

A. The Contractor shall provide all personnel, equipment, tools, materials, supervision and other items and services necessary to perform the concrete repairs.

B. Except where otherwise indicated on this RFP all materials and workmanship shall be according to the Michigan Department of Transportation Standard Specifications for construction, 2020 Edition MDOT 2020 Standard Specifications for Construction [WEB]-linked (michigan.gov) C. The Contractor is responsible for protecting motorists from any materials or equipment stored inside the closure.

1.2 Specific Requirements

A. Cold Milling HMA Surface: The work includes milling all HMA repair areas including skip patching on as defined by the Engineer, to establish uniform 2”-3” milled depth. This item will include sawing and hand chipping beveled edges at the perimeter of the mill areas, resulting exclusively in vertical edges, prior to placement of HMA paving and skip patching. Payment for additional sawing and hand chipping efforts will be included in this item and not paid for separately. The payment will be based on actual measured square yards of mill areas.

B. Joint Repair: The work includes repairing joints, cracks, and potholes in accordance with the MDOT Detail 7 Joint Repair. The marked repair areas shall be milled to a minimum width of 2 feet and a uniform depth of 2-3 inches or as directed by the engineer. The payment will include HMA Mix 5E3, PG 64-28 as Hand Patching used to fill the joint, crack and potholes in Ton and LF of joint and crack up to 30-inch in width for removal, cleanout. Deductions will be made from load tickets for waste and potentially for rejected material. All other miscellaneous items to complete the work satisfactory including but not limited to tac coat are included and will not be paid separately. If the pavement joint, crack or pothole repair exceeds 30 inches in width, each 30-inch-wide segment, or portion thereof, will be paid separately for Detail 7 in LF and additional hand patching in Ton.

C. Skip Patching: The work includes milling and patching up to 3 inches of existing mainline pavement and shoulders at the discretion of the engineer. Mill areas must be filled during the same closure and place HMA Mix 5E10, 64-28 in mill areas. The payment will include HMA Mix 5E10, PG 64-28 in Ton and cold milling in SYD. All other miscellaneous items to complete the work satisfactory including but not limited to tac coat, cleanout, sweeping is included and will not be paid separately.

D. Single Test Acceptance (STA) Criteria Per Special Provision 20S-501S-02. STA (for Density use the average of four cores) applies to specific mixtures between 500 and 5000 tons, and the following applications regardless of tonnage: Hand Patching, Joint Repairs, Driveways, Scratch Course, and Widening of less than or equal to 5 feet. The STA sublot size must not exceed 1000 tons. If a day’s production is less than 1000 tons the days tonnage will be considered a sublot. If a day’s production exceeds 1000 tons the tonnage will be divided into approximately equal sublot sizes. For hand patching with daily quantities of less than 200 tons, obtain 1 random STA sample for each day of production for up to 5 days of paving. One of the daily samples will be randomly selected and tested for acceptance. If the QA results are not subject to a negative price adjustment per section k, the test result may represent multiple days of paving (up to 5 days) at the discretion of the Engineer. The Engineer reserves the right to test the additional daily samples. All tested samples will have payment calculated according to section k. If the QA results are subject to a negative price adjustment per section k, all random STA samples will be tested, and payment calculated in accordance with section k. For individual mix quantities of 500 tons or less, Visual Inspection (Materials Quality Assurance Procedures Manual Section 1.07) may be used in lieu of STA. Sampling will be in accordance with MTM 324 or MTM 313, Sampling HMA Loose Mix from Mini stockpile. The IPL requirements of section e of this special provision will not apply to STA. Table 4 will not apply to STA. Dispute Claim Process will be in accordance with sections g and h of this special provision. All QA sampling and testing procedures and acceptance criteria described in this special provision will apply. Payment will be in accordance with section l of this specification.

1.3 Miss Dig / Underground Utility Notification Requirement

For the protection of underground utilities and in conformance with Public Act 174 of 2013, the Contractor shall contact MISS DIG System, Inc. 72 hours prior to commencing work. MISS DIG must be contacted by phone at 811 or 800-482-7171 or via the web at either https://missdig811.org/ for single address or https://www.missdig811.org/excavation-pros/remote-ticket-entry-excavators.html.

MDOT’s freeway lighting system, ITS system and other miscellaneous electrical systems are not part of MISS DIG. The Contractor shall contact the Program Manager at least 5 business days in advance to submit a staking request (see Exhibit 3) and/or obtain ITS special provisions (see Exhibit 4).

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

2. Service Requirements

2.1. Timeframes

All Contract Activities must be delivered within 60 calendar days from receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms. The project cannot be initiated until MDOT Construction Section receives and verifies the appropriate bond and insurance certification.

List all exception(s):

Bidder must describe how they comply with the above requirement(s):

3. Acceptance

3.1. Acceptance, Inspection, and Testing

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

A. Visual Inspection (VI) B. QC/QA Testing for acceptance.

MDOT will perform QA for HMA, Contractor is responsible for QC.

List all exception(s):

3.2. Final Acceptance

Field Engineer will determine final acceptance of the work performed and ensure conformance to the Michigan Department of Transportation 2020 Standard Specifications for Construction.

List all exception(s):

4. Staffing

4.1. Contractor Representative

The Contractor must appoint a site Superintendent specifically assigned to this project, who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. (the “Contractor Representative”).

The Contractor must notify the Contract Administrator at least 3 calendar days before removing or assigning a new Contractor Representative.

List all exception(s):

Bidder must identify its Contractor Representative:

4.2. Work Hours

The Contractor must provide Contract Activities during the State’s normal working hours Monday – Friday, 7:00 a.m. to 6:00 p.m. EST and possible night and weekend hours depending on the requirements of the project.

List all exception(s):

4.3. Key Personnel

The Contractor must appoint individuals who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 2 hours.

Name

Title

Office Phone

Mobile Phone

Email Address

Name

Title

Office Phone

Mobile Phone

Email Address

List all exception(s):

4.4. 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:

5. Project Management

5.1. Project Control

The Contractor will carry out this project under the direction and control of the Program Manager. Any questions regarding Contract Activities are to be addressed to the MDOT Program Manager, Charles Mackey, at 248-794-0772.

5.2. Project Plans

The Contractor shall submit the following plans to the Program Manager for approval.

A. Project Plan which must include: (a) the project breakdown showing sub-projects, tasks, and resources, (b) supplier of materials, (c) equipment and (d) other pertinent information to help guide both project execution and project control. The final project plan must be submitted for MDOT approval within 30 calendar days of the Contract Effective Date.

B. Internal Traffic Control Plan (ITCP) which must include the proposed ingress/egress locations for construction equipment and vehicles, traffic control devices that will be utilized to warn the motoring public of ingress/egress locations, and measures that will be taken to ensure compliance with the ITCP. The ITCP must be submitted at the preconstruction meeting.

Bidder response

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Bidder must submit its project plan as described above:

5.3. Meetings

A. Prior to the start of work, the Contractor must attend a preconstruction meeting with the Program Manager. The Program Manager will determine the day, time, and place for the preconstruction meeting. The meeting will be conducted after project award and may be rescheduled if there are delays in the award of the project. The Contractor’s named subcontractor(s), if applicable, may be required to be at the preconstruction meeting if such items materially affect the work schedule.

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

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5.4. Reporting

The Contractor submitted to the program Manager the following written reports:

A. Daily work progress including quantities of materials B. lane closure request form C. HMA mix design, D. QC report E. HMA load tickets.

6. Pricing

6.1. Price Term

Pricing is firm for the entire length of the Contract.

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7. Ordering

7.1. Authorizing Document

The appropriate authorizing document for the Contract will be a State issued Purchase Order.

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8. Invoice and Payment

8.1. Invoice Requirements

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

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8.2. Payment Methods

The State will make payment for Contract Activities in accordance with Public Act 533 of 2004 which requires that payment on all State contract for the purchase of goods or services be made by Electronic Funds Transfer (EFT). If you are not registered to receive EFT payments, you must do so prior to the execution of the contract www.michigan.gov/SIGMAVSS ).

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8.3. Procedure

All invoices submitted to the State must be submitted via e-mail to MackeyC@michigan.gov and must include: (a) date, (b) purchase order, (c) quantity, (d) description of the Contract Activities, (e) unit price, and (f) total price.

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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 as specified in the Michigan Department of Transportation 2020 Specifications for Construction. Table 108-1 for each calendar day past the 60-day completion timeframe. Damages will continue to be assessed for each calendar day Contractor fails to remedy the late or improper completion of the Work.

Table 108-1: Schedule of Liquidated Damages For Department Oversight

Calendar Day

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10. Bonds Prior to the contract execution, the Contractor must furnish performance and lien bonds each for not less than 100% of the total contract price. The bonds must be on forms provided by MDOT. The bonds must meet the requirements of Michigan law and MDOT and include other items such as the Powers of Attorney and Endorsement as specified by MDOT. The same surety responsible for writing the performance bond must write the lien bond. It is the Contractor’s responsibility to ensure that the lien bond conforms with the terms of MCL 570.101 et seq. Creation and acceptance of the bonds will be subject to review and approval from the MDOT, Contract Services Division, Construction Section

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Bidder Response

Schedule B - Pricing

Request For Proposal No. 230000002506 Hot Mix Asphalt (HMA), Cold Milling, Detail 7 M-19 from 31 Mile to Boardman Rd in Macomb County

1. The Contractor…