Roadside Mowing Baraga and Houghton RFP.docx

Michigan.gov/MiProcurement proposal instructions Michigan Department of Transportation (MDOT) Roadside Mowing of State Trunklines within Baraga and Houghton Counties Request for Proposal No. 230000001951 Solicitation Manager Name: Mark Morrison Direct Phone: (517) 275-1834 Email: Morrisonm@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724 This is a Request for Proposal (RFP) for:

Roadside Mowing Services for State Trunklines within Baraga and Houghton Counties (MDOT Superior Region, Ishpeming TSC, L’Anse and Houghton Maintenance Facilities) 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 at Morrisonm@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 6 MB per document. Bidder’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a proposal, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the solicitation Closing On/Closing Date fields (Summary view/Detail view), even if a portion of the proposal has been uploaded.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749. The Solicitation Manager will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the bidder. Note that all documents and information submitted in any manner as part of a proposal will become public record immediately upon receipt by the State. Proposals received may be posted by the State on the State’s publicly available website after bidders are notified of the award recommendation.

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

a. 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.

7. 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.

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

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

10. RESERVATIONS. The State reserves the right to:

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

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

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

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

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

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

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

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

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

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

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

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

11. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the lowest price to the State, as determined by the State.

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 rademacherc@michigan.gov no later than 12:00 p.m. EST, three (3) business days after posting the Award Recommendation and Evaluation Synopsis. 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 $250,000 or greater than require approval by the State Administrative Board. The State Administrative Board’s decision is final; however, its approval does not constitute a contract. The award process is not complete until the awarded contractor receives a contract fully executed by all parties.

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

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

SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID. Completion and submission of the CT Form is required regardless of whether the bidder seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the solicitation process. If a bidder fails to properly complete and submit the CT Form or otherwise fails to follow CT Form instructions, the proposal may be publicly disclosed in its entirety without redaction after an award recommendation.

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

i. Complete and sign Section 2 of the CT Form if the bidder requests confidential treatment of certain information. Bidder must also submit a “Public Copy” of the proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

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.

230000001951 RFP Number

Roadside Mowing – Baraga and Houghton Counties 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.

230000001951 RFP Number

Roadside Mowing – Baraga and Houghton Counties 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 three (3) relevant experiences from the last five (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, written exceptions in accordance with the Evaluation Process section of the Proposal Instructions must be provided with Bidder’s proposal.

7. Michigan Economic Impact

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

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

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

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

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

8. Labor, 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. 230000001951 Roadside Mowing Services for State Trunklines within Baraga and Houghton Counties (MDOT Superior Region, Ishpeming TSC, L’Anse and Houghton Maintenance Facilities) 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 seeking roadside mowing services for the Superior Region, Ishpeming TSC on state trunklines within Baraga and Houghton Counties. All roadside mowing will be performed according to Public Act 174 of 1999. The locations and acres per cycle are identified within attachment “Schedule B – Pricing, Roadside Mowing Location Specification Sheet (LSS)”. The result of this RFP is a three (3) year contract beginning on June 1, 2023, through May 31, 2026, with four (4), one-year options to extend.

SCOPE

This RFP is for roadside, clear vision, and brush mowing services on State trunklines identified in the LSS and/or as directed by the Program Manager in Baraga and Houghton Counties. During the period of mowing operations, the Contractor will consult the Program Manager or designated representative for inspection and tentative approval of work being accomplished (Contract Activities), 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.

All work must be performed between June 15th and September 30th of each contract year as solely determined by MDOT. Work must be performed in accordance with the progress schedule and as described within this RFP. (Progress Schedule: A statement of all the Contract Activities and the estimated time the Contract Activities will be completed in. The progress schedule is developed by the Program Manager and the Contractor and approved by MDOT prior to commencement of Contract Activities each Contract year at the annual Pre-Maintenance Meeting.) The progress schedule must address all work to be completed when multiple contracts are awarded to the same vendor, including work performed as a Sub Contractor for a local unit of government. If the Contractor has multiple contracts, the Contractor will be required to perform work concurrently with the other contracts.

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

MDOT reserves the right to bill the Contractor for repair/replacement of damaged Right-Of-Way (ROW) assets when the damage is caused by the Contractor. Examples of damage to ROW assets include (but not limited to) damaged guardrail, signs, culverts, delineators, and rutting of turf.

The purpose of this contract is to maintain the state trunkline roadsides per MDOT specifications and standards set forth in this contract.

REQUIREMENTS

1. Description of Work The Contractor must furnish, operate, and maintain suitable and adequate equipment necessary to perform contract activities in an approved safe manner without hindrance, delay, or damage to the roadside. The Contractor must, at all times, provide satisfactory equipment and a force of qualified workers sufficient, in the opinion of the State, to perform the work described herein. The force of qualified workers must be sufficient to perform litter pickup, mowing, trimming, and related activities on a timely basis. These specifications supplement the current Michigan Department of Transportation Standard Specifications, which are incorporated herein by reference. In case of a conflict between any provision of the Standard Specifications and the Supplemental Specifications, the more detailed provisions of the Supplemental Specifications will control. This Contract will require routine mowing of free access highways. This will include clear vision corners with other roads intersecting the highway. The Contractor will perform roadside mowing operations on all state trunklines within MDOT’s jurisdictional area in Baraga and Houghton Counties as identified within attachment “Schedule B – Pricing, Roadside Mowing Location Specification Sheet (LSS)”. The activities required will include, as directed by the Program Manager (PM), roadside mowing, clear vision mowing, , brush mowing, litter pickup, foreslope (area of the roadside immediately adjacent to the shoulder of the roadway) area mowing, hand and/or mechanical trimming, and traffic control. The roadway limits of each type of mowing and the approximate acres are listed in the attached Location Specific Sheets (LSS). The areas defined must be mowed up to two (2) times during the mowing season according to the following mowing schedule.

Mowing operations must be performed in swaths parallel to the roadway, with the flow of traffic for the first production mowing pass and trim mowing operations.

Vegetation as used in this contract refers to grass, weeds, and small woody plants. The Contractor is to trim grass and/or vegetation around signs, landscape areas, and delineators Mower decks must be washed clean before the start of mowing to prevent the spread of invasive species.

A link to the current MDOT Standard Specifications for Construction is below:

https://www.michigan.gov/mdot/business/construction/standard-specifications-and-publications

1.1 Roadside Mowing

Typically, the area to be mowed on a free access highway is a strip 12-feet wide adjacent to the shoulder on both sides of the roadway, unless restricted by ROW limits, ditch back slopes, or protected plant area restrictions. The roadway limits of each type of mowing and approximate acres are listed in the attachments.

Mowing will begin when the grass has reached the average height of 8 to 12 inches, unless otherwise directed by the Program Manager, or designated representative. Two (2) days prior to the start of each mowing, the Contractor must notify the Program Manager, or designated representative. The Contractor and Program Manager, or designated representative will make a joint visual inspection of all specified mowing areas both prior to and upon completion of the mowing operation. The inspection is for the purpose of documenting existing damage to turf, guardrails, delineator posts, signs, light fixtures, etc. and those caused by the Contractor’s mowing operations. This inspection may be videotaped.

Each mowing will be completed in successive segments not to exceed 4 miles in length (including median and both sides of the roadway) to insure uniform appearance upon completion of the work. Mowing operations, once initiated, must continue until all designated mowing is completed including multiple contracts awarded to the same Contractor. Only adverse weather conditions can be cause to delay completion of each mowing.

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

During mowing operations, trimming will be performed by mechanical or hand method around obstructions, such as sign supports, delineators, and landscaping (trees, shrubs, etc.) that may be within the designated mowing areas that cannot be reached with larger equipment. Certain areas to be mowed may contain survey stakes, which must not be disturbed. Hand trimming is 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, must not be mowed at that time, but must be mowed later when the areas are dry. All trimming in roadside mowing areas will be paid as part of the roadside mowing unit price.

The Contractor must notify the Program Manager of any issues or concerns noticed during the mowing operation such as washouts or sink holes or any other type of discrepancy encountered during the scope of this contract. It has been our observation that during the mowing operation it is the mower operator that may come across abnormalities within the ROW that otherwise would be difficult to see during roadway inspections from the driving lane. MDOT expects our various contractors performing work within the ROW to report any issues that they may come across to the Program Manager.

Areas of mowing may be deleted due to construction zones or recent construction zones where the vegetation is not yet established.

1.2 Clear Vision Mowing

During roadside mowing operations, all Clear Vision areas must be mowed and trimmed as directed by the Program Manager or designated representative. Clear Vision mowing is located at the end of entrance and exit ramps, roadway intersection, and adjacent to intersecting roadways, and ensures the clear vision of merging traffic or traffic travelling through an intersection. Equipment utilized for foreslope area mowing may be utilized for Clear Vision area mowing, however, individual site conditions will dictate which type of equipment can be used.

All clear vision mowing in roadside mowing areas will be paid as part of the roadside mowing unit price.

1.3 Brush Mowing

Locations for Brush Mowing, if required, will be as directed by Program Manager. This may include mowing of woody plants and brush within the trunkline ROW, between the area of foreslope mowing and the established tree line. Brush Mowing will only be performed in locations authorized by the Program Manager and will be paid for at an hourly rate. Equipment utilized for foreslope area mowing may be utilized for Brush Mowing, however, individual site conditions will dictate which type of equipment can be used. Brush Mowing equipment must be able to clearly remove up to 2-inch diameter woody brush.

1.4 Litter Pickup/Removal and Disposal

All litter/debris must be picked up prior to mowing operations. Litter includes, but is not limited to, paper, cardboard, Styrofoam, plastic, cloth, wire, steel bands, cable, garbage bags, tire tread, car parts, pallets, sheet metal, furniture, etc., as may be found on the roadside. The Contractor will provide an adequate supply of heavy-duty bags (approved by MDOT), and deposit litter and debris in the bags in a secure manner. The bags must be tied and placed in piles, along with objects too large to be bagged, in a safe and secure place on the outside edge of the shoulder for pickup and disposal by MDOT. The Contractor will not be responsible for handling, moving, or bagging of suspected hazardous materials discovered during this work. Any such discovery must be immediately reported to the Program Manager or designated representative.

List all exception(s):

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

2. Equipment

2.1 Requirements

The Contractor must furnish, operate, and maintain suitable and adequate equipment necessary to perform all Contract Activities in an approved safe manner without hindrance, delay, or damage to the ROW and ROW Assets (a term denoting State property including turf located within the ROW). The Contractor must 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 must 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 Contract Terms.

2.2 Type of Equipment

The equipment must be commercially available, in good repair, and must be maintained 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, is not allowed. All equipment must be capable of adjusting the cut height to approximately 5 inches.

Tractors used for Roadside Mowing must have a minimum of 55 horsepower per tractor at the power takeoff (PTO) and be capable of cutting a width of 12 feet in a single pass. Tractors must be equipped to provide the power to the mowing attachment. Tractors used for trim mowing must have a minimum of 30 horsepower at the power take-off and be capable of cutting a width of no less than 5 feet in single pass.

The Contractor is advised that any reference to mowing does not necessarily refer exclusively to grass cutting equipment, which is tractor drawn, but must include other power equipment as may be necessary to satisfactorily complete Contract Activities.

2.3 Equipment Safety

All equipment must meet federal, state, and local safety requirements. If the mower box does not touch the ground, the mower will 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 to prevent debris from being thrown from under the cutter.

Riding equipment must be equipped with commercial type flashing amber lights, plainly visible from 360 degrees in all directions. Flashers will have a minimum of 32 candlepower output and flash 50 to 60 times per minute. Under no circumstances will the Department be responsible for any damage to the Contractor's equipment due to obstacles encountered.

At no time are mowers allowed to drive on the shoulder of the freeways outside of the current mowing Contract limits.

List all exception(s):

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

3. Maintaining Traffic Traffic must be maintained in accordance with the current Michigan Department of Transportation (MDOT) Standard Specifications for Construction, and the current Michigan Manual of Uniform Traffic Control Devices (MMUTCD).

Link to the current MDOT Standard Specifications for Construction:

https://www.michigan.gov/mdot/business/construction/standard-specifications-and-publications

Link to the current Michigan Manual of Uniform Traffic Control Devices (MMUTCD):

https://mdotjboss.state.mi.us/TSSD/getCategoryDocuments.htm?categoryPrjNumbers=1403854,1403855&category=MMUTCD

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

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. Any vehicle on the shoulder must have flashing or rotating lights or lighted arrow panel (Types A or B) operated in the bar mode.

Lane closures will only be permitted with prior written approval from the Program Manager. Whenever there are special events in the area that generate an unusually high volume of traffic, these restrictions may be changed by the Program Manager or designated representative to promote the orderly flow of traffic. Should any questions arise as to the propriety of the work activity by a law enforcement agency patrolling the freeway, the Program Manager should be contacted.

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

Equipment not in use may not be parked on the roadway except at locations approved by the Program Manager or designated representative. In no case will equipment be parked in a median or closer than 30 feet from the traveled roadway.

The Contractor must 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 will 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 must be incidental to the project and will not be paid for separately.

List all exception(s):

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

4. Public Convenience and Safety The Contractor must 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 must take any other actions, on either his/her own responsibility or as directed by the Program Manager or designated representative, reasonably necessary to protect the safety and health of employees on the job and the public and to…