Enter your company name schedule a – statement of work RFP No.: 260000002219 Movable Bridges Operational and Custodial Services 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. Yellow fields are also used to identify areas where a bidder response is required.

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

Background The work specified in this Request for Proposal (RFP) consists of providing contract services for operations and custodial services for moveable lift bridges owned by the State of Michigan (the State), Michigan Department of Transportation (MDOT). The State reserves the right to award multiple contracts by region. Bidders must provide pricing per region to be considered for award. The Contractor will be required to provide custodial services and operate the bridge as necessary and as required by law. The term of the Contract is for three years with two, one-year options to renew. The drawbridge operations must comply with the United States Coast Guard Code of Federal Regulations, Title 33 Navigation and Navigable Waters, part 117 Drawbridge Operation Regulations (33CFR117).

Southwest Region I-94 Business Loop over the St. Joseph River - Bicentennial Bascule Bridge The Bicentennial Bascule Bridge is owned by MDOT and is located in the City of Benton Harbor, St. Joseph County and crosses the St. Joseph River.

M-63 over the St. Joseph River - Blossomland Bascule Bridge The Blossomland Bascule Bridge is owned by MDOT and is located in the City of St. Jospeh, St. Joseph County and crosses the St. Joseph River.

Metro Region M-85 over the Rouge River - Fort Street Bascule Bridge The Fort Street Bascule Bridge is owned by MDOT and is located in the City of Detroit, Wayne County and crosses the Rouge River.

Jefferson Avenue over the Rouge River - Jefferson Bascule Bridge The Jefferson Bascule Bridge is owned by Wayne County and is located between the cities of Detroit and River Rouge and crosses the Rouge River.

Dix Avenue over the Rouge River - Dix Avenue Bascule Bridge The Dix Avenue Bascule Bridge is owned by Wayne County and is located between the cities of Detroit and Dearborn and crosses the Rouge River.

Grosse Ile Parkway over the Trenton Channel - Grosse Ile Swing Bridge The Grosse Ile Swing Bridge is owned by Wayne County and is located between the City of Trenton and Gross Ile and crosses the Trenton Channel of the Detroit River.

Scope The Contractor must provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform the contract activities described in this RFP, including, but not limited to:

Opening and closing operations as required by law.

Perform visual inspections of all electrical, mechanical and hydraulic equipment at the start of each shift (at all towers).

Furnish all supplies and labor required for routine custodial duties (at all towers).

Contractor must assign qualified and trained personnel to operate each bridge as mandated by the United States Coast Guard 33CFR117. The bridge operators will need to meet the qualifications set forth in Attachment A-V “Bridge Operator Qualifications,” as mandated by the United States Coast Guard 33CFR117. The Contractor must be responsible for scheduling all regular and back-up personnel for all work shifts, as determined by the Contractor and in accordance with United States Coast Guard regulations.

Southwest Region I-94 Business Loop over the St. Joseph River - Bicentennial Bascule Bridge March 1 – December 15: 24 hour per day, 7 days per week December 16 – Last day of February: As-Needed with 12-hour advance notice M-63 over the St. Joseph River - Blossomland Bascule Bridge March 1 – December 15: 24 hour per day, 7 days per week December 16 – Last day of February: As-Needed with 12-hour advance notice Metro Region M-85 over the Rouge River - Fort Street Bascule Bridge April 1 – December 31: 24 hour per day, 7 days per week January 1 – March 31: As-Needed with 12-hour advance notice Jefferson Avenue over the Rouge River - Jefferson Bascule Bridge April 1 – December 31: 24 hour per day, 7 days per week January 1 – March 31: As-Needed with 12-hour advance notice Dix Avenue over the Rouge River - Dix Avenue Bascule Bridge April 1 – December 31: 24 hour per day, 7 days per week January 1 – March 31: As-Needed with 12-hour advance notice Grosse Ile Parkway over the Trenton Channel - Grosse Ile Swing Bridge March 15 – December 15: 24 hour per day, 7 days per week December 16 – March 14: As-Needed with 12-hour advance notice Appoint a program manager who has the responsibility of handling all contract related issues and obligations and whose duties shall include, but not be limited to, the preparation and submittal of billings to MDOT; assurance that all required insurance remain in effect, and submitted annually; the Contractor has sufficient personnel and supplies to perform the bridge operating activities, the oversight of the bridge operations on the job site, the assignment of operators to work shifts; summary of daily activities in the log book and the notification to the MDOT program manager or his/her representative if any mechanical or electrical abnormalities occur.

Establish and maintain accurate records, in accordance with generally accepted accounting principles, of all expenses incurred for which payment is sought or made under the Contract and said records to be hereinafter referred to as the "records". Separate accounts must be established and maintained for all costs incurred under the Contract.

Maintain the records for at least three years from the date of final payment made by MDOT under the Contract. In the event of a dispute regarding the allowable expenses or any other issue under the Contract, the Contractor must thereafter continue to maintain the records at least until that dispute has been finally decided and the time for all available challenges or appeals of that decision has expired.

Permit MDOT, or its representative, to inspect, copy, or audit the records at any reasonable time after giving reasonable notice. The Contractor will provide final accounting, which MDOT may audit. Any audit will be for information only and will not affect the lump sum payments made under the Contract.

Perform all custodial duties as outlined in Attachment A-III.

Furnish phone service to the bridge house on the structure. Phone service may be landline or cell phone, but the phone must remain at the bridge at all times.

In the event of contract termination, within two (2) weeks of termination, MDOT must receive all daily work logs, records and any other documentation produced by the Contractor under the Contract prior to reimbursement.

The Contractor must begin its mobilization activities and services upon execution of a contract and be ready to begin Contract Activities by the estimated start date of August 1, 2026. Contractor will be given a 3-week advance notice prior to starting.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Contract Deliverables & Services Contractor must provide Deliverables/Services and staff with a detailed work plan, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

Operate the bridge using certified bridge operators. (Certified means documented training and testing provided by the Contractor Program Manager (PM)) Post the Acknowledgment Forms.

Provide MDOT program manager (PM) with complete bridge operator’s competency certification form.

Provide proper supervisory personnel.

Update and provide to the MDOT PM all bridge opening logs.

Inform the MDOT PM of mechanical/electrical malfunction and/or failure to correct malfunction.

Inform the MDOT PM of malfunctioning navigation lights.

Inform the MDOT PM of events that may have jeopardized bridge structural integrity, such as hits from vehicular traffic, vessel collision, etc.

Inform the MDOT PM any time bridge operation is limited or stopped.

Contractor PM or a designee responds within 15 minutes to any telephone call made to the Contractor by MDOT.

Contractor PM or a designee responds in person within 30 minutes when requested.

Advise the MDOT PM when the Contractor PM serves as a bridge operator.

Inform the MDOT PM of any complaints from citizens or public agencies.

Notify the U.S. Coast Guard and the MDOT PM within thirty 30 minutes of any restriction to waterborne traffic.

Update and provide to the MDOT PM all forms as required by MDOT and the U.S. Coast Guard.

Resolve discrepancies noted on the Contractor/Operator’s Inspection form (provided in Attachment A-II) within five calendar days.

Perform VISUAL inspections of all electrical, mechanical, and hydraulic equipment at the start of each shift. Inform MDOT of any irregularities found immediately upon the completion of the inspection.

Provide signs identifying the Contractor as the operator of the bridges. These signs will be affixed to the door of the bridge houses.

Cost for attire, identification cards and providing and affixing the signs is included in the unit price for mobilization.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Bridge Operator Duties The Contractor must be responsible for bridge operations as outlined in Attachment A-VI General Bridge Operating Manual.

Custodial Duties The Contractor must be responsible for routine custodial services (at all towers) as outlined in Attachment A-III Custodial Duties of Bridge Operators.

The Contractor must furnish all supplies required for routine custodial duties as outlined in Attachment A-l Approved Materials List. Only materials conforming to the requirements of the Approved Materials List shall be used in the Contract Activities. The MDOT PM, or designee, may reject any material not meeting specifications. The Contractor shall remove and replace all rejected materials. Any rejected material will be taken off the bridge property at once and not used on this Contract. Costs for removing and replacing rejected materials will be at the Contractor’s expense.

Miscellaneous Requirements At the beginning of the Contract, the Contractor must inventory bridges for all the equipment on the "Monthly Equipment Check List" form (see Attachment A-II, Forms) and sign the form as receiving the equipment. At the first of each month, the Contractor must survey the equipment and fill out a Monthly Equipment Check List, sign it and submit to the MDOT PM. The Contractor shall replace any missing or damaged equipment at their cost. If such discrepancies are not resolved within five calendar days, MDOT will correct the deficient items, and the Contractor will be billed for the entire cost incurred by MDOT to correct such items. A determination of non-conformance and assessment of liquidated damages will be added to MDOT’s cost and billed to the Contractor as detailed in Section 18 Liquidated Damages.

The Contractor must establish and maintain bridge operator’s reports, unnecessary bridge openings, contractor’s/operator’s inspection logs, equipment check ED lists, and accident incident reports (see Attachment A-II Forms).

Attachment A-II includes all forms required for reporting purposes for this Contract. The Contractor shall reproduce/copy forms on Attachment A-II for use during the Contract term. Completed forms must be legible.

Preservation of Property: The Contractor must make reasonable effort to protect MDOT property from damage. Negligence by the Contractor may require payment to correct these damages.

Employee Safety: The Contractor must have a safety program in compliance with all safety policies/ regulations/standards and practices of Michigan Occupational Safety and Health Administration (MIOSHA). The Contractor must provide all employees, the appropriate personal protective equipment to safely accomplish each task assigned. At a minimum the Contractor must provide safety equipment needed at various locations on the bridge sites that includes: life preservers, safety vests, hard hats, safety shoes, safety glasses, latex gloves for cleaning, 6-foot step ladder.

Utilities: MDOT will pay utility charges required for the operation of the bridge.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Project Plan For this proposal: The Contractor will carry out this project under the direction and control of the Program Manager. Within 7 calendar days of the effective date, 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 bridge, which must align with the staffing stated in accepted proposals; and (b) the project breakdown showing sub-projects, tasks, and resources required. A project work plan for managing implementation of the services must be specified and submitted to the MDOT Program Manage for review and approval. Project management plan must identify methods, tools and processes proposed to oversee the project, address issues and changes as may arise, and keep the appropriate parties apprised of progress. Contractor’s work plan, which must be approved prior to commencement of work, must include the following:

Material List (Attachment A-I) - indicating description, age, manufacturer, model and serial number of each piece. Materials must meet or exceed all requirements defined in Attachment A-I. All materials must be in the Contractor’s possession, available for use and fully operational, prior to Contract award.

Schedule of Operations - personnel expected to complete work on the Contract.

Name(s) of supervisors – 24-hour contact telephone numbers and best contact times.

Proof of Insurance as defined in the Standard Terms and Conditions must be provided to State of Michigan prior to Contract award. Insurance coverage must be renewed and submitted annually.

Any misrepresentation by the Contractor of its ability to perform the work described in this RFP will be grounds for immediate termination. In such case, the Contract will be awarded to the next qualified bidder who can demonstrate the ability to perform the work.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Training MDOT will train the Contractor PM on the operations of the bridges.

The Contractor will train bridge operators to ensure a sufficient number of competent personnel are trained as bridge operators in accordance with the Contract. Training bridge operators shall be accomplished through a program mutually developed by MDOT and the Contractor.

The bridge operator candidates shall comply with all provisions of Attachment A-V Bridge Operator Qualifications as adopted by MDOT.

The training program shall include minimum operating procedures for the bridge, and contain information on Coast Guard Regulations, MDOT and Coast Guard authority, and emergency procedures.

The training program will be a minimum of eight (8) hours Classroom training and additional On-Site training on the bridges to be operated.

Classroom training shall include but not be limited to:

Normal operational procedures

a. emergency operational procedures

b. communications procedures for telephone and marine radio

c. form preparation, and contact procedures On-Site training will be conducted between 10:00 pm and 6:00 am Eastern Time or as approved by MDOT PM. Openings of the bridges for training purposes will be coordinated to minimize traffic disruption.

The Contractor must provide all training documentation and materials.

All classroom and on-site training and materials may be monitored by MDOT.

The Contractor’s training personnel will be responsible for training and performance testing of all bridge operators.

The Contractor must implement the final written and operational tests. Final written and operational tests must not be given to any bridge operator candidate unless and until the Contractor has certified in writing to MDOT that the Candidate has received all training that is required by the Contract.

MDOT reserves the right to verify the competency of any Contractor’s personnel at any time.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Reporting The Contractor must submit to the MDOT Project Manager the written reports outlined below. (see Attachment A-II, Forms for report forms). Reports will be submitted electronically to the MDOT PM on a monthly basis. Although handwritten is acceptable, typed report forms are preferred.

a. Bridge Operator’s Report

b. Unnecessary Bridge Openings

c. Contractor/Operator’s Inspection

d. Equipment Check List

e. Accident Incident Report In addition to, or superseding, Standard Contract Terms, Section 36, Records Maintenance, Inspection, Examination, and Audit, the Contractor must:

Establish and maintain accurate records, in accordance with generally accepted accounting principles, of all expenses incurred for which payment is sought or made under the Contract and said records to be hereinafter referred to as the "records". Separate accounts must be established and maintained for all costs incurred under the Contract.

Maintain the records for at least three years from the date of final payment made by MDOT under the Contract. In the event of a dispute with regard to the allowable expenses or any other issue under the Contract, the Contractor must thereafter continue to maintain the records at least until that dispute has been finally decided and the time for all available challenges or appeals of that decision has expired.

Permit MDOT, or its representative, to inspect, copy, or audit the records at any reasonable time after giving reasonable notice. The Contractor will provide final accounting, which MDOT may audit. Any audit will be for information only and will not affect the lump sum payments made under the Contract.

In the event of contract termination, within two (2) weeks of termination, MDOT must receive all daily work logs, records and any other documentation produced by the Contractor under the Contract prior to the Contractor being reimbursed.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Meetings Contractor must meet with the MDOT PM and other department project-leads, on a basis to be established by PM and the Contractor, but must meet quarterly, at a minimum, for the purpose of reviewing progress and providing necessary guidance to the Contractor in solving problems that arise, and to continuously communicate with the agency/departmental project-lead.

The Contractor must attend the following meetings:

Kick Off Meeting Annual Service Review and Progress Meeting. The MDOT PM may request an audit of the services provided each year under the specifications, terms, and conditions of the Contract.

The audit will consist of an evaluation of the total service quality, including responsiveness, timeliness of required reporting, and any other specifics as required under the terms of the Contract. The results of the audit along with Contract recommendations will be published by MDOT Purchasing Unit and distributed to the respective Agency(s).

An unsatisfactory audit may result in termination of the Contract as provided under the Standard Contract Terms, Section 23, Termination for Cause. Further, should the Contract be terminated for cause, the Contractor will not be allowed to participate in request(s) for continuation of this service.

Should the Contractor desire, a meeting will be arranged between all concerned parties within 10 calendar days of the date the Contractor received, or could have reasonably been expected to receive, his/her copy of the audit. This meeting will provide an opportunity for the Contractor to present his/her reactions to audit recommendations, including but not limited to:

a. Timely and accurate submission of invoices

b. Implementation and adherence to contractor’s safety plan

c. Quality of safety and operations training

d. Emergency response, and MDOT/US Coast Guard/County/City notification procedures

e. Timeliness of adjustments based on MDOT/County/City comments

f. Coordination with MDOT/County/City maintenance activities

g. Maintaining clean facilities The State may request other meetings as it deems appropriate.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

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.

The Contractor PM, or designee, will be available locally, 24 hours a day, seven days a week, 365 days a year for immediate contact.

The Contractor PM will be MDOT’S contact person for day-to-day operations and emergency situations. The Contractor PM, or designee, shall return calls within 15 minutes.

The Contractor PM shall be responsible for supervising, training, scheduling and coordinating the Contract with the MDOT PM. Duties shall include, but not be limited to,

a. Preparing and submitting billings to MDOT.

b. Ensuring all required insurance remain in effect.

c. Ensuring the Contractor has sufficient personnel and supplies to perform Contract Activities.

d. Overseeing bridge operations on the job site.

e. Assigning bridge operators to work shifts.

f. Summarizing daily activities in the logbook.

g. Notifying the MDOT PM, or designated MDOT representative, if any mechanical or electrical abnormalities occur.

The Contractor PM must have complete authority over the bridge operators and will be responsible for employee removal, discipline, schedule etc.

The Contractor PM, or designee, will be the contact person for the Contractor in case of problems, disputes, etc.

The Contractor’s PM, or designee, must have the authority to take immediate action to correct conditions determined by MDOT to be unsafe or not in compliance with the Contract.

The Contractor PM may serve as a bridge operator.

The MDOT PM must be advised at all times as to identification and means of contacting the PM.

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

Contractor Program Manager Contact Information Name

Title

Office Phone

Mobile Phone

Email

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.

Contractor Primary Emergency Contact Information Name

Title

24/7 Phone Number

Security The Contractor’s staff may be required to make deliveries to or enter State facilities. The State may require the Contractor’s personnel to wear State issued identification badges. The Contractor will be subject the following security procedures:

14.1 No more than two Contractor personnel shall be in the tower at one time. No one is allowed into the facility other than those individuals responsible for performing services.

14.2 Failure to maintain a secure environment will result in issuance of a complaint and possible cancellation of the Contract.

14.3 The MDOT PM may require the Contractor to immediately remove any employee(s) from the agency's premises for just cause. The Contractor will assume any and all responsibilities relating to this removal.

14.4 The MDOT PM must make final determination of a Contractor’s employee’s suitability for assignment to a specific location. Problems of this nature will be addressed with the Contractor's management.

14.5 Contractor personnel must be dressed in MDOT approved shirts with collars and sleeves, long pants, and safety shoes when on MDOT property. The Contractor’s name or logo and the employee's name must be printed or stitched on the shirt or on a patch sewn on the shirt. All shirts must be one standard color. A photo identification card shall be issued to all Contractor personnel, which must be worn on MDOT property. The ID card must include the individual’s photo, name, job title and company’s name and must be approved by the MDOT PM.

14.6 A security alarm system is not currently installed in the bridge facility. However, if a security alarm system is installed during the Contract term, the following requirements will apply:

14.7 The Contractor must properly set the security alarm when leaving. Failure to set the security alarm will result in issuance of a complaint and possible cancellation of the Contract.

14.8 The Contractor will be responsible for any cost incurred from either a security service or a local police department for false alarms caused by failure by the Contractor to properly set the security alarm.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Price Term Prices are firm for the entire length of the Contract.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Authorizing Document The appropriate authorizing document for the Contract will be a State issued delivery order which must be approved by the MDOT PM to order any deliverables under the Contract.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Acceptance, Inspection and Testing The State will use the following criteria to determine acceptance of the Contract Activities: The State will use the following criteria to determine acceptance of the Contract Activities:

Weekly inspection of all shifts must be conducted by the Contractor’s Program Manager using the "Contractor/ Operator’s Inspection” form (provided in Attachment-II) to ensure continued compliance with this specification. This form is to be signed, dated as today and time, and submitted to the MDOT Program Manager at the first of each month.

MDOT may make inspections at various times, and shifts, using the "Contractor's Operations Inspection" form. The Contractor must immediately resolve any and all discrepancies. Failure to resolve noted discrepancies within five calendar days will result in a determination of non-conformance and assessment of liquidated damages as detailed in Section 18. The State of Michigan reserves the right to close the bridge for safety reasons, construction and/or urgent repairs. Bridge closure may result in the contractor having to stop work, possibly with limited notice but all efforts will be made to give a minimum of ninety-six (96) hours’ notice.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Invoice Requirements All invoices submitted to the State must include: (a) date; (b) delivery order/contract number; (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.

The Contractor must submit monthly billings on the Contractor’s letterhead for a lump sum payment for the services performed during the prior month billing period. The monthly billing period is defined to be the first day of the month to the last day of the month. In the event that the date of execution of the Contract falls within a billing period, the Contractor will be reimbursed on a prorated basis for the billing period assuming a 30-day billing period. For those occasional navigational transportation openings during the months of December, January and February billings will be submitted on a monthly basis for a per opening payment.

A lump-sum mobilization fee shall be paid each year at the beginning of the contract year. Mobilization is defined as a summary of all costs for annual start-up including, but not limited to, training, relocation expenses (if applicable), purchase of custodial supplies, equipment, safety equipment, clothing, materials, insurance, office overhead, and supplies, etc.

Billing invoices shall be submitted in MDOT’s ProjectWise system in this folder: -- Vendor In Box. Other documents shall be submitted to the MDOT PM by email at MoultonM4@michigan.gov.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Payment Methods The State will make payment for Contract Activities via 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).

Payment terms are 45 days from receipt of invoice.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

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.

When the State determines that the Contractor has failed to conform to the terms of the Contract, as set forth in this contract, after the third written warning an assessment of liquidated damages may be made by the State against the Contractor. Sums assessed as liquidated damages shall not be considered penalties, but as damages due the State from the Contractor for failure to complete the work as contractually required. It is agreed that because of the potential damage to the public and because actual damages would be virtually incapable of determination, both as to amount and existence, at the time of the breech, liquidated damages shall be assessed according to the following:

Abandonment of Bridge In the event the bridge is left unattended (unattended means no personnel at the bridge site) by a bridge operator or if the MDOT PM or representative finds it necessary to remove a bridge operator due to his inability to perform the duties listed in the Contract as determined by the MDOT PM, the Contractor must replace the bridge operator within one hour. After the third incident, an assessment shall be made of $200.00 per hour for each continuous whole hour the bridge is left unattended. For purposes of this section, if the bridge is left unattended, the MDOT PM shall assume that the bridge operator abandoned the bridge at the time of the last entry in the bridge opening log unless other compelling evidence can be presented to show otherwise.

Other Cases of Non-Conformance All other cases of non-conformance may result in an assessment of up to $200.00 per occurrence after the third written warning as determined by the MDOT PM, until conformance is achieved.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

Required Functionality Relating to Data Retention, Disposal, and Retrieval The State has legal obligations to retain, dispose, and retrieve State Data along with obligations to manage and secure State Data. To meet these obligations, the Solution must allow the State to:

a. retain all data for the entire length of the Contract.

b. delete its data or request the deletion of its data, even data that may be stored offline or in backups.

c. transfer its data back to the State or to a new vendor or new solution.

d. transfer its data to the Archives of Michigan as may be required by a retention and disposal schedule.

e. retrieve data, even data that may be stored offline or in backups.

Except as otherwise stated in the Contract, Contractor will not dispose of, delete, or destroy State Data without the prior written approval of the State.

ADA Compliance The State is required to comply with the Americans with Disabilities Act of 1990 (ADA), including its accessibility standard for websites, applications, content and documents. All Contract Activities created, provided, or made available by Contractor under this Contract in a digital format, including but not limited to, websites, applications, software, mobile applications, text, images, sounds, videos, controls, animations, links, and documents (including files in the following formats: PDF, word processing, presentation, and spreadsheet) must comply with the accessibility standards provided in the Digital Accessibility Standards, located at SOM Digital Standards.

Bidder Response

☐ I have reviewed the above requirement(s) and agree with no exceptions.

☐ I have reviewed the above requirement(s) and have noted any exceptions below.

Exceptions: List all exceptions here

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