Roadside Mowing Adrian Garage Proposal Instructions Confidential Treatment Vendor Questions Worksheet Schedule A Terms and Conditions.docx

Michigan.gov/MiProcurement proposal instructions Michigan Department of Transportation (MDOT) Roadside Mowing of State Trunklines for Lenawee County Request for Proposal No. 230000001595 Solicitation Manager Name: Anna Swanson Direct Phone:517-230-2063 Email: swansona1@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724 This is a Request for Proposal (RFP) for:

Roadside Mowing of State Trunklines in Lenawee County (MDOT University Region, Jackson TSC, Adrian Garage) 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. MANDATORY PRE-PROPOSAL MEETING.

A mandatory pre-proposal meeting will be held on Tuesday, April 4, 2023, at 1:00 p.m. EST via Microsoft Teams:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 251 223 176 485 Passcode: WU3Zmu Download Teams | Join on the web Or call in (audio only) +1 248-509-0316,,132274200# United States, Pontiac Phone Conference ID: 132 274 200# Find a local number | Reset PIN Learn More | Meeting options

The purpose of the pre-proposal meeting is to discuss the RFP and the work to be performed and services sought in this RFP. Statements made by the Solicitation Manager or designee at a pre-proposal meeting are not considered modifications to the RFP. If, however, the Solicitation Manager determines modifications to the RFP are warranted after the meeting, modifications will be posted in writing on www.michigan.gov/SIGMAVSS as explained in the Modifications section of this document.

Attendance at the pre-proposal meeting is limited to [2] people per bidder. If the pre-proposal meeting is mandatory, a bidder may be disqualified by being late. Subcontractor sign-in is permitted in lieu of the bidder as evidence of attendance. Accessibility requests for reasonable accommodations at the pre-proposal meeting should be made with the Solicitation Manager at least 10 business days before the date of the meeting. Accommodation requests received outside this time period cannot be guaranteed.

4. 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.

5. QUESTIONS. Bidder questions about this RFP must be emailed to the Solicitation Manager at Swansona1@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.

6. 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.

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

a. Attendance at Mandatory Pre-proposal Meeting.

b. A list of equipment that will demonstrate the contractor has the quantity and type of equipment required to complete the work described in this contract.

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

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

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. Failure to respond timely to requests for proposed changes to Contract Terms during ongoing negotiations may be cause for disqualification.

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.

9. NOTICE OF DEFICIENCY. The State reserves the right to issue a Notice of Deficiency to bidders if the State determines after the proposal deadline that a portion of the RFP was deficient, unclear, or ambiguous. Failure to respond to a Notice of Deficiency timely may be cause for disqualification.

10. CLARIFICATION REQUEST. The State reserves the right to issue a Clarification Request to a bidder to clarify its proposal if the State determines the proposal is not clear. Failure to respond to a Clarification Request timely may be cause for disqualification.

11. RESERVATIONS. The State reserves the right to:

a. Disqualify a bidder for failure to follow these instructions.

b. Discontinue the RFP process at any time for any or no reason. The issuance of an RFP, your preparation and submission of a proposal, and the State’s subsequent receipt and evaluation of your proposal does not commit the State to award a contract to you or anyone, even if all the requirements in the RFP are met.

c. Consider late proposals if: (i) no other proposals are received; (ii) no complete proposals are received; (iii) the State received complete proposals, but the proposals did not meet mandatory minimum requirements or technical criteria; or (iv) the award process fails to result in an award.

d. Consider an otherwise disqualified proposal if no other proposals are received.

e. Disqualify a proposal based on: (i) information provided by the bidder in response to this RFP; (2) the bidder’s failure to complete registration on www.michigan.gov/SIGMAVSS ; or (3) if it is determined that a bidder purposely or willfully submitted false or misleading information in response to the RFP.

f. Consider prior performance with the State in making its award decision.

g. Consider overall economic impact to the State when evaluating proposal pricing and in the final award recommendation. This includes but is not limited to: considering principal place of performance, number of Michigan citizens employed or potentially employed, dollars paid to Michigan residents, Michigan capital investments, job creation, tax revenue implications, and economically disadvantaged businesses.

h. Consider total-cost-of-ownership factors (e.g., transition and training costs) when evaluating proposal pricing and in the final award recommendation.

i. Refuse to award a contract to any bidder that has failed to pay State taxes or has outstanding debt with the State.

j. Enter into negotiations with one or more bidders on price, terms, technical requirements, or other deliverables.

k. Award multiple, optional-use contracts, or award by Contract Activity.

l. Evaluate the proposal outside the scope identified in the Evaluation Process section of this document if the State receives only one proposal.

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

The State will post an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS or in the manner it was originally published.

13. 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 Carol Rademacher at RademacherC@michigan.gov no later than 3:00 pm, 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.

14. STATE ADMINISTRATIVE BOARD. Contracts equal to $250,000 or greater than require approval by the State Administrative Board. The State Administrative Board’s decision is final; however, its approval does not constitute a contract. The award process is not complete until the awarded contractor receives a contract fully executed by all parties.

15. GENERAL CONDITIONS. The State will not be liable for any costs, expenses, or damages incurred by a bidder participating in this solicitation. The bidder agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 180 calendar days from date of submission. If a contract is awarded to the bidder, the State may, at its option, incorporate any part of the bidder’s proposal into a contract. This RFP is not an offer to enter into a contract. This RFP may not provide a complete statement of the State’s environment or contain all matters upon which agreement must be reached. The bidder understands that their proposal will become public record immediately upon receipt by the State. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

16. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. As a public record, all portions of the bidder’s proposal and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, the State may exempt some information from disclosure as permitted by law. Under MCL 18.1261(13)(b), records containing “a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902,” are exempt from disclosure under FOIA. In addition, “financial or proprietary information” submitted with a bidder’s proposal is exempt from disclosure under FOIA. A bidder’s failure to comply with this Section is grounds for rejecting a bidder’s proposal as non-responsive. As a part of its proposal, each bidder must follow the procedure below.

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.”

ii. 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. Bidder must complete either Section 1 or Section 2 of this CT Form and sign where indicated. Do not complete both sections. This CT Form must be signed by the individual who signed the bidder’s proposal. A completed CT Form must be submitted with your proposal, regardless of whether your proposal contains confidential information.

Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form Instructions, the proposal, in its entirety, will be treated as a “Public Copy” and may be publicly disclosed by the State without redaction after bidders have been notified of an award recommendation. See the Confidential Treatment Form and The Freedom of Information Act (FOIA) sections of the Proposal Instructions for additional information.

Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED This section must be completed, signed, and submitted with the proposal if the bidder does not request confidential treatment of any material contained in the proposal. If this section is completed, do not complete Section 2. CONFIDENTIAL TREATMENT IS REQUESTED.

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

230000001595 RFP Number

Roadside Mowing of State Trunklines for Lenawee County

RFP Title

Signature

Date

Printed Name, Title, Company

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED This section must be completed, signed, and submitted with the proposal if bidder requests confidential treatment of any material contained in the proposal. Submission of a completed CT Form is required to request confidential treatment. If this section is completed, do not complete Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED.

Provide the information in the table below. Bidder may add rows or additional pages using the same format shown in the table. Bidder must specifically identify the information to be protected as confidential and state the reasons why protection is necessary.

The CT Form will not be considered fully complete unless, for each confidentiality request, the bidder: (1) identifies the Proposal Page #, Section #, and Paragraph #, (2) identifies whether the material is a Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI), and (3) explains the specific legal grounds that support treatment of the material as TS, FI, or PI. Bidders must provide a complete justification as to how the material falls within the scope of an applicable FOIA exemption or relevant case law. Bidders must not simply cite to an applicable exemption or case name. Bidders must also provide the contact information for the person at their organization authorized to respond to inquiries by the State concerning the material.

Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy”.

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

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

230000001595 RFP Number

Roadside Mowing of State Trunklines for Lenawee County

RFP Title

Signature

Date

Printed Name, Title, Company vendor questions worksheet Provide a detailed response to each question. “You” and “company” refers to the bidder.

1. Contact Information

Bidder’s sole contact person during the RFP process. 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.

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 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

☐ Do Not Agree with Contract Terms (attach written exceptions)

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, Antidiscrimination and Environmental Laws Compliance

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

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

9. Supplier Diversity

10. Other

11. Response to State Requests

Contractor must enter company name here.

Schedule A – statement of work contract activities Request for Proposal (RFP) No. 230000001595 Roadside Mowing of State Trunklines for Lenawee 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.

BACKGROUND

MDOT is requesting roadside mowing services for the MDOT University Region Jackson TSC, Adrian Garage’s jurisdictional area in Lenawee County. All roadside mowing will be performed according to Public Act 174 of 1999. The locations and acres per cycle are listed in Schedule B-Pricing Roadside Mowing Location Specification Sheet (LSS). This contract is for three (3) years with two (2), one-year options to renew.

SCOPE

This RFP is for roadside and clear vision corner mowing services along various trunkline routes including US-223, M-52, M-50, US-12, M-156, and M-34 in Lenawee County. The purpose of this contract is to maintain the state trunkline roadsides per MDOT specifications and standards set forth in the contract. All work will be performed between June 1 and October 31 of each contract year as solely determined by MDOT.

During the period of mowing operations, the Contractor shall consult the Program Manager (PM) for inspection of Contract Activities, and tentative approval of work being accomplished, so that, in the event of unsatisfactory work, sufficient time will be available to the contractor to make corrections in a satisfactory manner within the time specified.

Failure to complete each mowing cycle as scheduled shall result in a deduction.

The Department reserves the right to bill the Contractor for repair/replacement of damaged right-of-way assets when the damage is incurred by the Contractor. Examples of damage to right-of-way assets include (but not limited to) damaged guardrail, signs, culverts, delineators, and rutting of turf.

REQUIREMENTS

1. Description of Work The Contractor will perform roadside mowing operations on all state trunklines within MDOT’s jurisdictional area in Lenawee County. The activities required will include, as directed by the Program Manager, flat area mowing, clear vision mowing, hand trimming, and traffic control. The roadway limits of each type of mowing and approximate acres are listed in the Schedule B-Pricing Roadside Mowing Location Specification Sheet (LSS). The areas defined shall be mowed one time with up to one optional mowing cycles during the mowing season.

Vegetation as used in this contract refers to grass, weeds, and small woody plants. The Contractor shall trim grass and/or vegetation around signs, bridge abutments, piers, landscape areas and other appurtenances that cannot be reached with the larger equipment. This includes the area along the MDOT right-of-way fence adjacent to the Service Drive shoulders and in the interchange.

During flat mowing operations, connecting street intersections, and special site restriction areas shall be mowed and trimmed as directed by the Program Manager. This work will be paid at the contract unit price for Optional Clear Vision mowing.

1.1.1 Roadside Mowing and Trimming Requirements

Mowing Schedule The Contractor shall be notified by the Program Manager when and where to begin each mowing cycle. The Contractor shall have 30 working days from the date of notification to complete each cycle. The Contractor is responsible to notify the Program Manager via email or phone before starting work and during mowing operations on a daily basis to identify the scheduled mowing areas. Mowing start date will be determined by the Program Manager.

Clear Vision Mowing Clear vision area mowing is required to provide adequate sight distances at intersections, around curves and to assure that traffic control devices and signs are visible. These areas will be designated by the Program Manager. More than one cycle of Clear Vision Mowing may be performed each year at the Program Manger’s discretion.

1.1.2 Equipment Requirements

The Contractor shall furnish, operate, and maintain suitable and adequate equipment necessary to perform the mowing operation in an approved safe, workmanlike manner without hinderance, delay or damage to the roadside. The equipment shall be capable of doing a neat job of mowing without misses or skips. The Contract shall provide a list of all the equipment that will be utilized to perform Contract Activities in Schedule B-Pricing Roadside Mowing LSS Equipment Tab.

Mower decks shall be washed clean before the start of mowing to prevent the spread of invasive species.

Use of non-compliant equipment or equipment not capable of completing of Contract Activities in a Contract-compliant manner may be considered by the State to be a material breach of this Contract, in respect of which the State may elect to terminate this Contract for cause under Termination for Cause in the Standard Terms.

Type of Equipment The equipment must be commercially available, in good repair, and shall be maintained so as to produce a clean, sharp cut to the grass at all times. Equipment which in any way pulls or rips grass, or damages the turf, shall not be allowed. All equipment must be capable of adjusting the cut height to about five (5) inches.

Flat Areas Tractors used for flat area mowing shall have a minimum of 55 horsepower per tactor at the power takeoff (PTO) and be capable of cutting a width of 12 feet in a single pass. Tractors shall be equipped to provide the power to the mowing attachment. The equipment specified to mow slope areas may also be used to mow flat areas. Tractor used for trim mowing shall have a minimum of 30 horsepower at the power of take-off and be capable of cutting a width of no less than five (5) feet in a single pass. The tractor shall be equipped to provide the power to the mowing attachment. A minimum of one (1) production mower and one (1) trim mower, as described above, to be used concurrently within the contract area, will be required per 250 acres of mowing as specified in the mowing quantities.

All equipment shall be of such type to permit the heights of cut to be adjusted to approximately five (5) inches.

Safety All equipment shall meet all federal, state, and local safety requirements. If the mower box does not touch the ground the mower shall be equipped with one half inch safety chains which touch the ground but do not drag. The chains will be threaded with wire rope through the bottom link and made so as to prevent debris from being thrown from under the cutter.

Riding equipment shall be equipped with commercial type flashing amber lights plainly visible from 360 degrees in all directions. Flashers shall have a minimum of 32 candlepower output and flash 50 to 60 times per minute.

Under no circumstances shall the Department be responsible for any damage to the Contractor’s equipment due to obstacles encountered.

Other Power Equipment The Contractor is advised that any reference to mowing does not necessarily refer exclusively to grass cutting equipment, which is tractor drawn, but shall include other power equipment as may be necessary to satisfactorily complete the work.

1.1.3 Methods of Treatment

Two days prior to the start of mowing, the Contractor shall notify the Program Manager. The Contractor shall also notify the Program Manager during mowing operations to report on the work progress. The inspection is for the purpose of acceptance of completed work and documenting the existing damage to turf, guardrails, delineator posts, signage, light fixtures, etc., and those caused by the Contractor’s mowing operations. This inspection may be videotaped.

All vegetation in mowing areas shall be cut to a height of five (5) inches to avoid the turf. It is not necessary for the Contractor to remove grass clippings.

The Contract Compliance Inspector may omit areas from mowing due to, but not limited to, excessive wetness and turf damage. The Program Manager will determine if omitted areas are to be mowed at a later date.

Trimming shall be performed by mechanical or hand method around all obstructions, such as signs supports, delineators, guard posts, guardrail sections, utility poles, abutments, structures and landscaping (trees, shrubs, etc.) that may be within the designated mowing areas. Certain areas to be mowed may contain survey stakes, which must not be distributed. Hand trimming shall be required around them. Grassed areas which are saturated with water during certain periods of the year to the point where equipment may not be used without extensive damage to the turf, shall not be mowed at that particular time, but shall be mowed later when the areas are dry. Payment shall be for the applicable work item.

The Contractor shall, at all times, provide satisfactory equipment and a force of qualified workers sufficient, in the opinion of the Program Manager, to perform the work described herein. The force of qualified workers shall be sufficient to perform litter pickup, mowing, and related activities on a timely basis.

1.1.4 Maintaining Traffic

Traffic shall be maintained in accordance with the current Michigan Department of Transportation (MDOT) Standard Specifications for Construction https://mdotjboss.state.mi.us/SpecProv/specBookHome.htm, and the current Michigan Manual of Uniform Traffic Control Devices (MMUTCD) MDOT - Transportation Standards and Special Details (state.mi.us). A copy of the current MDOT Standard Specifications for Construction and the current MMUTCD can be obtained from the Program Manager.

All mowing operations shall be conducted in a manner that will not create a hazard, nor hinder, restrict, or impede trunkline traffic. The Contractor shall not operate mowing equipment on the roadway or in a manner that requires crossing the roadway.

The Contractor shall furnish, install and maintain as long as necessary, and remove when no longer required, adequate barriers, warning signs or lights at all dangerous points throughout the work for protection of property, workers and the public. The Contractor shall hold the State of Michigan harmless from damage or claims arising out of any injury or damage that may be sustained by any person or persons, including property belonging to the person or persons, as a result of the work under the Contract.

All labor, equipment and devices required for maintaining traffic shall be incidental to the project and will not be paid for separately.

Parked Equipment All equipment not in use may be temporarily parked on limited access freeway right-of-way, but not closer than 30 feet from the traveled roadway. Equipment may not be temporarily parked on free access roadways except at those locations designated by the Program Manager.

Mandatory Road Signage If a vehicle (service, transport, etc.) remains stationary on the shoulder for more than 15 minutes, a standard 48” X 48” road work ahead sign (W21-4) is required to be placed as stated in the current MMUTCD.

Mandatory Vehicle Lighting Any vehicle on the shoulder shall have flashing or rotating lights or lighted arrow panel (Types A or B) operated in the bar mode as specified in the current MDOT Standard Specifications for Construction.

1.1.5 Public Convenience and Safety

The Contractor shall comply with all federal, state, and local laws and regulations, including those governing environmental protection and the furnishing and use of all safeguards, safety devices and protective equipment. The Contractor shall take any other actions, on either his/her own responsibility or as directed by the PM, reasonably necessary to protect the safety and health of employees on the job and the public and to protect property during the performance of the project. All employees shall wear hearing and eye protection while performing their duties and protective toe footwear.

A Class II Safety Vest MUST be worn when working on all locations listed within this agreement. Specifically, an American National Standards Institute (ANSI) 107 Class 2 apparel (vest or T-shirt) is required when working near traffic whether in or near the parking lots, on all grounds near parking lots, and along ALL MDOT highway(s). This requirement applies to all mowers on State of Michigan property.

1.1.6 Damages

The Contractor shall at his/her own expense, preserve and protect from injury all property, either public or private, along and adjacent to the roadway, and he/she shall be responsible for and repair, at his/her own expense, any and all damage and injury thereto, arising out of or in consequence of any act or omission of the Contractor or his/her employees in the performance of the work covered by the contract prior to completion and acceptance thereof.

The Contractor shall immediately repair all damage to signs, light fixtures, and delineators to the satisfaction of the Program Manager. Damage to traffic control devices (signs) shall be reported to the Program Manager immediately.

Damage to turf areas, desirable natural growth, shrubs and trees identified at pre-bid meeting to include among other things: skinning, scraping or gouging trees, shrubs and turf areas, ruts and deep wheel depressions on the turf areas; and ruts, deep wheel depressions and wheel slipping damage on slope areas caused by the Contractor through negligence shall be repaired and paid for by the Contractor to the satisfaction of the Program Manager.

Turf damage repairs shall be made by the Contractor according to the current MDOT Standard Specifications for Construction and as herein specified. Only friable topsoil from a commercial source shall be used to fill any depressions, ruts, etc. prior to seeding. Seeding will only be allowed during the seasonal limitation periods.

All landscape plant material damaged by the Contractor shall be replaced in kind according to the current MDOT Standard Specifications for Construction. Planting may only be done in the spring and prior to May 10. All replacement plants must be maintained during the specified establishment period. Payment for work performed maybe withheld until satisfactory repairs are made. If repairs are made by MDOT, the actual replacement costs including all labor, equipment, materials, and fringe benefits shall be charged to the Contractor.

Payment for work performed maybe withheld until satisfactory repairs are made. If repairs are made by the Department, the actual replacement costs including all labor, equipment, materials, and fringe benefits shall be charged to the Contractor.

1.1.7 Deletion of Work

The Department may delete all or any portions of the Contract that cannot be completed in conformity with the progress schedule or a reasonable extension. The Department may also delete portions of the Contract that show no need for mowing due to growing conditions. If the Contract is terminated, or portions thereof deleted, payment will be made for all satisfactorily completed work at the Contract unit price.

The Contractor shall provide roadside mowing services for MDOT to the satisfaction of the State. Should there be a conflict as to what is considered to be satisfactory, the State’s opinion shall prevail.

1.1.8 Volume of Service

Volume of service for this Contract is identified as estimates only on the Schedule B-Pricing Roadside Mowing LSS. The PM will determine when cutting is to be accomplished.

List all exception(s):

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

1.2 Transition

A. Contract…