RFP 25.2608-Mastic Repair M29.docx

Michigan.gov/MiProcurement proposal instructions Michigan Department of Transportation Mastic Repairs M-29 (Sierra Dr to Baker Rd) Request for Proposal No. 250000002608 Solicitation Manager Name: ReChelle I. Kendrick Direct Phone: 517-335-5905 Email: KendrickR1@michigan.gov

This is a Request for Proposal (RFP) for:

This work consists of cleaning, filling, and leveling the longitudinal construction joints, transverse joints, longitudinal and transverse cracks and spalls wider with asphalt repair mastic material.

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

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, ReChelle Kendrick, at KendrickR1@michigan.gov, 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 30 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 meet the following mandatory requirements. Only proposals meeting the mandatory minimum requirements will be considered for evaluation.

A. Bidder must be currently listed as a MDOT Prequalified Contractor (or its subcontractor) in the following category(s): N93 F (Joint or Crack Filling) The list of Prequalified Contractors may be found at https://mdotjboss.state.mi.us/PSVR/PrequalifiedContractors.htm.

B. In accordance with Public Act 10 of 2023 (see MCL - Act 10 of 2023 - Michigan Legislature), the bidder and all subcontractors of the bidder must be registered with the Michigan Department of Labor and Economic Opportunity (LEO) to perform work on State of Michigan projects. A copy of the bidder’s and their listed subcontractors’ active State Project Registration Confirmation letter (provided by LEO) must be submitted with bidder’s solicitation response.

Registration for State Project Contractor may be completed on the LEO website, LEO - Prevailing Wage.

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

The State may utilize all bidder information to determine fair market value for goods or services sought. If applicable, the State’s evaluation will include consideration of a bidder’s qualified disabled veterans/service-disabled veteran owned business(QDV/SDVOB) status under MCL 18.1261(8). Additional information on the SDVOB preference is available at: Michigan.gov/SDVOB.

The State may but is not required to conduct 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 receives a PASS for each criterion and has the lowest price.

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

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 to Michael Meddaugh at MeddaughM@michigan.gov no later than 3:00 p.m., three (3) business days after posting the Award Recommendation and Evaluation Synopsis on SIGMA VSS. The State reserves the right to adjust this timing and will publish any change.

Additional information about the protest process is available at DTMB - Programs and Policies (michigan.gov) under the “Bidder Protests” link.

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

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 the 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. 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.

a. 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.

b. The State has the final authority to determine whether the materials are exempt from disclosure under FOIA. 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.

vendor questions worksheet Provide a detailed response to each question. “You” and “company” refers to the bidder. Information in this section such as legal name, doing business as, vendor customer code, business address, etc MUST match your Vendor Profile in SIGMA VSS.

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.

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.

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.

(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.

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

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

Experience 1

Company name.

Contact name.

Contact role at time of project.

Contact phone.

Contact email.

City.

State.

Zip.

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

2. What role did your company play?

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

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

Experience 2

Company name.

Contact role at time of project.

City.

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

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

Experience 3

Company name.

Contact role at time of project.

City.

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

Dollar value.

Start and end date (mm/yy – mm/yy)

Status (completed, live, other – specify phase)

Results obtained.

6. Standard Contract Terms

Bidder must affirm agreement with the attached Contract Terms. If not in agreement, bidder must 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.

7. Michigan Voluntary Protection Program

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.

9. Labor, Antidiscrimination and Environmental Laws Compliance

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

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

10. Other

Contractor must enter company name here.

Schedule A – statement of work contract activities Request for Proposal (RFP) No. 250000002608 Macomb TSC-Mastic Repairs M-29 (Sierra Dr to Baker Rd) 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

Michigan Department of Transportation (MDOT), Macomb Transportation Service Center is seeking a Prequalified Maintenance Contractor to perform longitudinal joint and crack on M-29 from Sierra Dr to Baker Rd in Chesterfield TWP, Macomb County Michigan. See schedule C for approximate locations of repairs.

The Contract will require longitudinal joint and crack repairs with asphalt repair mastic material, permanent pavement markings, and other work all in accordance with these Contract Provisions, attachments, and referenced Documents. Once the closure is in place the Engineer will mark locations in need of joint/crack repairs (the “Contract Activities”).

The Engineer will mark locations in need of joint/crack repairs once the closure is in place.

1. Requirements

1.1. General Requirements

The Contractor must provide the following services:

A. The Contractor shall provide all labor, materials/supplies, equipment, tools, supervision, and any incidental services or items required to perform the Contract Activities.

B. Except where otherwise indicated within this Schedule A, all materials and workmanship must be in accordance with the MDOT Standard Specifications for Construction, 2020 Edition [see MDOT - Standard Specifications for Construction (state.mi.us)], and in accordance with any relevant/applicable Frequently Used Special Provisions (2020), and any relevant/applicable Supplemental Specifications (2020).

C. Contract Activities require personnel to comply with High Visibility clothing requirements. All workers must wear high-visibility safety apparel as specified in the Michigan Manual of Uniform Traffic Control Devices [see MDOT - Transportation Standards and Special Details (state.mi.us)], Sections 6D.03 and 6E.02.

D. All local noise, dust, and work-hour ordinances shall apply to the Contract.

E. MDOT will not be responsible for any cost associated with the disposal of any service provided in this contract. MDOT will not be responsible for any citations, fines or tickets received, while performing Contract activities.

F. The Contractor must protect motorists at all times from any materials or equipment stored inside the closure.

G. Contractor shall take any other actions themselves or as directed by the MDOT, to protect the safety and health of the public, state employees, State property and property of the local unit of government during the performance of this Contract.

1.2 Bonds

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.

1.3 Specific Requirements

See all Attachments and referenced documents for specific requirements for the project.

1.4 Maintenance of Traffic Requirements

The Contractor must maintain traffic throughout the project in accordance with Attachment 1 – Special Provision for Maintaining Traffic and in accordance with the 2020 Standard Specifications for Construction, the current edition of the Michigan Manual of Uniform Traffic Control Devices (MMUTCD) [see MDOT - Transportation Standards and Special Details (state.mi.us)] and the current Maintenance Work Zone Traffic Control Guidelines [see Maintenance Work Zone Traffic Control Guidelines (michigan.gov)].

A. Lane closures must be requested by completing a MDOT provided Lane Closure Notification/Request Form (LCR). The LCR must be submitted seven (7) days in advance of closure by sending to an email address provided by the Program Manager.

B. Daily closure updates must be called into SEMTOC at (313) 965-0777. Updates must describe work zone boundaries for the day and any work that is postponed.

C. Traffic Control Inclusive Price must include all traffic devices required to set up the closure including, but not limited to, PCMS, Arrow Boards, Signs, Lightning for Night Work, etc.

1.5 Miss Dig/Underground Utility Notification

For the protection of underground utilities and in conformance with Public Act 174 of 2013, the Contractor must contact MISS DIG System, Inc. a minimum of three (3) business days prior to commencing Contract Activities. 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.

ITS, traffic signals, roadway lighting, and other electrical infrastructure are not on MISS DIG. Contractors must submit a Staking Request (Form 5300) five (5) working days before digging in/near MDOT right of way when dealing with the MDOT systems.

List all exception(s):

2. Description of Services Work includes joint and crack repairs and permanent pavement markings.

2.1 Asphalt Repair Mastic

Contract Activities consists of cleaning, filling, and leveling the longitudinal construction joints, transverse joints, longitudinal and transverse cracks and spalls wider with asphalt repair mastic material. All work must be in accordance with Special Provision 20RC502-A030-03 for Asphalt Repair Mastic (see Asphalt Repair Mastic-20RC502-A030-03.pdf).

A hot applied, pre-packaged, pourable, aggregate filled, polymer modified asphalt repair mastic for both concrete and hot mix asphalt (HMA) pavement repairs. Use Deery Level, Go Repair Mastic, Crafco Mastic One, RightPointe Pave Patch Black, Fibercrete SAMIscreed, Maxwell Gap Mastic Mod 201, P&T Products Dura-Fill Mastix T2, Pure Asphalt Mastic SR. Use of alternate similar/equal product must be approved by the Program Manager.

Mastic must be applied to the joint, crack or spall from the bottom up in lifts appropriate to the specific application. Mastic should be applied to cracks and joints that are wider than 1¼ inches width. If multiple lifts are required, product should be installed in layers not to exceed 2½ inches, with cooling to 200 degrees F maximum before applying the next layer. Fill the uppermost ½ to 1 inch with the final lift. All Mastic Repairs shall be performed in accordance with Special Provision 20RC502-A030-03 for Asphalt Mastic Repairs (see Asphalt Repair Mastic-20RC502-A030-03.pdf).

Temporary pavement markings must be placed before opening the road to traffic.

Asphalt Repair Mastic will be measured in feet based on in-place quantities. The pay item includes all surface preparation, pavement marking removal, temporary pavement markings, furnishing, hauling, placing, and finishing of all materials, removal and disposal of all debris, and all labor, equipment, materials, and tools required to complete the work.

2.2 Pavement Marking

A. The Contractor must inventory existing pavement markings before HMA surface removal. Contractor must re-install pavement markings per inventory taken prior to applying Mastic. Utilize the following Pavement Marking Standards [all Pavement Marking Standards may be found at MDOT - Transportation Standards and Special Details (state.mi.us)]:

i. PAVE-900-G

ii. PAVE-905-E

iii. PAVE-907-A

iv. PAVE-935-E

v. PAVE-940-D

vi. PAVE-945-D B. Use of temporary pavement markings is not allowed unless approved by MDOT.

C. Sprayable Thermoplastic must be used for longlines and skip lines and as directed by MDOT.

D. Cold Plastic Tape must be used for special markings and as directed by MDOT.

2.3 Lighting for Night Work

Contract Activities will be performed at night on weekdays. Lighting for night work must be provided in accordance with Section 812.03 H of the 2020 Standard Specifications for Construction.

2.4 Clean Up

Upon completion of actual construction work the Contractor must clean up and leave in a neat condition all the premises which were occupied during the construction period. Prior to opening to traffic, all milling, debris, rubbish, tools, traffic control devices, and equipment must be removed from the premises to the satisfaction of MDOT.

2.5 Miscellaneous Quantities. Additional allowance has been included in Schedule B. The miscellaneous quantities include additional mastic repair and pavement marking placements within the shoulder and center lane joints. These locations are to be approved by the Program Manager.

List all exception(s):

3. Service Requirements

3.1. Timeframes

All Contract Activities must be completed by September 30, 2025. Once work commences, Contract Activities must be performed and completed under continuous operations until the project is completed. Start date to be determined and coordinated with ongoing projects in the area.

3.2. Work Hours

Contract Activities must be performed per Attachment 1 - Special Provision for Maintaining Traffic. Work must be coordinated with any projects in the area or special events that may affect traffic flow.

3.3. Project Prevailing Wage Requirements

The Contractor (and its Subcontractors) must pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications as prevailing wages based on locality, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and the laborers and mechanics. Contractor must post the scale of wages to be paid in a prominent and easily accessible place at the site of the work.

List all exception(s):

4. Acceptance

4.1. Acceptance, Inspection, and Testing

The MDOT Program Manager or designee will determine final acceptance of the work performed and ensure conformance to the MDOT 2020 Standard Specifications for Construction.

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

· The contractor is responsible for QC inspection.

· Visual inspection.

List all exception(s):

5. Staffing

5.1. Contractor Program Manager

The Contractor must appoint one individual specifically assigned to State of Michigan accounts, who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. (the “Contractor Program Manager”).

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

Contractor Program Manager Contact Information Name

Title

Office Phone

Mobile Phone

Email Address

5.2. Emergency Contact and 24/7 Telephone Number

The Contractor must specify two emergency contacts who must be available 24 hours a day 7 days a week to receive emergency work orders or if the Project Manager cannot be reached.

Primary Emergency Contact Information Name

Title

24/7 Phone Number

Secondary Emergency Contact Information Name

Title

24/7 Phone Number

5.3. Disclosure of Subcontractors

Per MDOT 2020 Standard Specifications for Construction, Section 108.01, if any Contract Activities will be performed by a sub-contractor(s), the sub-contractor(s) must be prequalified by MDOT to perform the classification of the proposed work. The Contractor must use its own organization to perform work amounting to not less than 35% of the contract amount.

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

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

· The relationship of the subcontractor to the Contractor.

· Whether the Contractor has 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.

Bidder must provide detailed information as requested in the above requirement(s).

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.

Bidder must provide information based on the work performed by all subcontractors

Total percentage of work that will be performed by subcontractors:

6. Project Management

6.1. Project Control

The Contractor will carry out this project under the direction and control of the MDOT Program Manager. The MDOT Program Manager for this project is:

Mohamed Beydoun MDOT Macomb TSC 26170 21 Mile Road New Baltimore, MI 48051 BeydounM@michigan.gov 517-242-9532

6.2. Project Plan

Within three days of Contract execution, the Contractor must submit a project plan to the Program Manager for final approval. The plan must include: (a) the Contractor's organizational chart with names and title of personnel assigned to the project; and (b) the project schedule showing sub-projects, tasks, and resources required.

6.3. Reporting

On a daily basis, the Contractor must submit to the Program Manager the following documents: Measurement in feet of applied Mastic Material.

6.4. Meetings

The Contractor must attend a preconstruction meeting with the Program Manager. The Program Manager will determine the 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 State may request other meetings as it deems appropriate.

The Contractor must provide all supervision as may be necessary to oversee their personnel:

a. The Contractor must exercise all supervisory control and general control over all day-to-day operations of their employees, including control over all workers duties. At the conclusion of each service, the Contractor will inspect the route for completion and performance quality of the required services. The Contractor shall discipline their employees, as needed, including firing and hiring.

b. The MDOT Program Manger may require that Contractor immediately remove any Contractual employee(s) from the agency's premises for just cause. The Contractor will assume any and all responsibilities relating to this removal. Any employee so removed may not be placed on another state agency contract.

c. The MDOT Program Manager shall make final determination of a contractual employee’s suitability for assignment to a specific location. Problems of this nature will be addressed with the Contractor's management.

List all exception(s):

7. Pricing Pricing is firm for the entire length of the Contract.

List all exception(s):

8. Ordering

8.1. Authorizing Document

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

List all exception(s):

9. Invoice and Payment

9.1. Invoice Requirements

All invoices submitted to the State must indicate: (a) invoice date; (b) vendor-generated invoice number; (c) purchase order/contract number; (d) description of the Contract Activities (pay item); (e) date of service; (f) quantity; (g) unit price; and (h) total price.

Overtime, holiday pay, and travel expenses will not be paid.

9.2. Payment Methods

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

The Contractor is responsible for ensuring current banking information is entered in the State vendor website: AdvantageVSS - SIGMA VSS (michigan.gov).

9.3. Procedure

All invoices must be submitted within 30 days of final work acceptance at the specific location. All invoices must be submitted via e-mail to the MDOT Program Manager, Mohamed Beydoun at beydounm@michigan.gov.

List all exception(s):

10. 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 Contract Activities are not completed by the date identified in the Statement of Work, the State is entitled to collect liquidated damages in accordance with the Table 108-1 of the 2020 Standard Specifications for Construction for each 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

List all exception(s):

Enter company name here Schedule B - Pricing

Request for Proposal (RFP) No. 250000002608 Macomb TSC-Mastic Repairs M-29 (Sierra Dr to Baker Rd)

COMPLETE PRICING USING EXCEL SPREADSHEET ATTACHMENT

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

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

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

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

Standard Contract terms This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and [Insert Company Name] (“Contractor”), a [Insert State & Entity Status, e.g., a Michigan corporation or a Texas limited liability company]. This Contract is effective on [Month, Day, Year] (“Effective Date”), and unless terminated, will expire on [Month, Day, Year] (the “Term”).

The parties agree as follows:

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

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

Contractor must: (a) perform the Contract Activities in accordance with this Contract, including the Statement of Work contained in Schedule A and the 2020 Standard Specifications for Construction; however, in the case of a conflict, Schedule A will control; (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 making contact with 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.

ReChelle I. Kendrick MDOT- Contract Services Division 425 W. Ottawa Street Lansing, MI 48933 KendrickR1@michigan.gov 517-335-5905 [Name] [Street Address] [City, State, Zip] [Email] [Phone]

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”):

ReChelle I. Kendrick MDOT- Contract Services Division 425 W. Ottawa Street Lansing, MI 48933 KendrickR1@michigan.gov 517-335-5905 [Name] [Street Address] [City, State, Zip]

4. Program Manager. The Program Manager for each party will monitor and coordinate the day-to-day activities of the Contract…