Sch A Rest Areas 7-17-26 St Ingace.docx

Michigan.gov/MiProcurement

SCHEDULE A – STATEMENT OF WORK CONTRACT ACTIVITIES

Contractor must enter company name here.

Michigan.gov/MiProcurement Schedule A - Statement of work contract activities Request for Proposal (RFP) No. 260000002372 Janitorial/Grounds Services for the St. Ignace Rest Area, Mackinac County – MDOT Superior Region 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.

BACKGROUND

The Michigan Department of Transportation (MDOT) provides Rest Area facilities for the motoring public to use to take a break from the rigors of travel. Rest Areas typically have a building housing restrooms and other amenities, picnic tables, grills, and a mowed area for walking. Rest Area facilities must be kept safe and clean for motorists.

SCOPE

The Contractor shall provide janitorial and grounds maintenance services for the St. Ignace Rest Area # 241.

The State reserves the right to modify the services required under the Contract to meet future needs including adding additional locations to this agreement.

REQUIREMENTS

The Contractor must provide all personnel, equipment, tools, materials, supervision and any other items and/or services necessary to perform the Contract Activities as specified herein. The objective is to maintain the facilities in such a manner that the location provides a clean, healthy, and safe environment for motorists and visitors.

1. General Requirements

1.1. Rest Area Closure

A. It is not the intent of the State to close a Rest Area for other than emergency and/or reconstruction reasons unless specifically noted in the Contract. If necessary, and upon approval of the Program Manager, the Contractor may be instructed to temporarily close the Rest Area for adverse weather conditions, mechanical failure, or other emergency situations. If instructed to close the Rest Area, the Contractor will lock the doors and place the temporary “Building Closed” sign(s) in the lobby window(s), clearly visible to the public. If the facility is closed, the Contract shall be suspended until the facility is reopened. The Contractor shall be paid for all full days or partial days worked.

B. The State reserves the right to close Rest Areas during the winter (seasonal closure) due to budget constraints. The Program Manager will notify the Contractor 30 calendar days in advance of the schedule closing date, and 30 calendar days in advance of the scheduled re-opening date.

Bidder Response

List all exception(s):

1.2. Janitorial Specifications

The Contractor must provide janitorial services, supplies, and equipment that meet the specifications as stated in Schedule B.1 Janitorial Specifications.

Bidder Response

List all exception(s):

1.3. Grounds Maintenance Specifications

The Contractor must provide grounds maintenance services and equipment that meet the specifications as stated in Schedule B.2 Grounds Maintenance Specifications.

Bidder Response

List all exception(s):

1.4. Multiple Contracts Awarded to Contractor

If the Contractor has been awarded more than one Contract with the State or holds one or more subcontracts with local units of government, the Contractor must demonstrate that sufficient equipment will be available for each Contract as described above.

A. The Contractor must provide a detailed equipment list (see Schedule C) that includes each piece of equipment to be used on Contracts with MDOT, the year of manufacture, manufacturer's name, model name, and serial number and any lease contracts when applicable.

B. MDOT reserves the right to inspect the Contractor's equipment prior to the Contract start date and at any time throughout the duration of this Contract.

C. MDOT reserves the right to restrict the number of Contracts awarded to a single Contractor based on the ability of the Contractor to satisfactorily perform Contract Activities within the Contract requirements.

Bidder Response

List all exception(s):

1.5. Facility Requirements

A. First Aid Kits. The Contractor must provide First Aid kits for use by general employees. At a minimum, the kits shall contain: 16 individually packaged adhesive bandages, two rolls of adhesive tape, 3” x 3” gauze pads, 10 antiseptic wipes, burn cream, first aid cream, one triangular bandage, scissors, and tweezers. The kit shall be in an impact resistant case and must be easily accessible to employees.

B. Telephone. A telephone service will be installed in the building at the Contractor’s expense. When possible, the phone number must be the same as the current phone number. Long-distance service will be required with the phone services in order to contact MDOT Maintenance staff when necessary.

C. Time Clock. The Contractor shall install and maintain a time clock, or other time keeping documentation device, as approved by the Program Manager. A fingerprint or RFID card reader time clock is preferred. If the Contractor uses a telephone call-in system to record employees’ start/end time, a time clock must also be used in conjunction with the call-in system. The time clock, or device, shall be kept in accurate working order for the duration of the Contract term. Unaltered documentation, verifying hours worked, shall be submitted with each invoice.

Bidder Response

List all exception(s):

1.6. Other Requirements

A. The Contractor and/or Contractor employees DO NOT have the authority to permit any use of the facility. The Contractor and/or employee shall report any activity of which they were not previously aware to the Program Manager upon discovery of the unauthorized activity.

B. Contractor’s vehicle(s) are not allowed on sidewalk and lawn areas. Parking area will be designated by MDOT.

C. Any requests for information by any news media organization (newspapers, TV stations, radio, etc.) shall immediately be directed to the Program Manager. The Contractor and/or his/her employees shall not speak on behalf of MDOT.

Bidder Response

List all exception(s):

1.7. Post-Contract Transition

A. Keys and/or Key Cards

1) Keys and/or key cards must be returned to the Program Manager or designee by the final date of service.

2) Unreturned, lost, stolen, etc., keys and/or key cards shall remain the Contractor’s responsibility. The cost to replace or rekey will be deducted from final invoice.

3) In the event the Contractor, or its employee(s) creates the need to reprogram the building security, the price of reprogramming will remain the Contractor’s responsibility and will be deducted from the Contractor’s final invoice.

B. Invoices

1) Final invoices must be received by the State within 45 days after expiration of the Contract. Any invoices received after 45 days will result in a non-payment of invoice.

Bidder Response

List all exception(s):

2. Service Requirements

2.1. Work Schedule

A. See Schedule C – Location Specification Sheet (LSS) for required hours of attendant coverage for janitorial Contract Activities.

B. All Contract Activities must be delivered according to the schedule of coverage specified in Schedule C - Location Specification Sheet (LSS). The Contractor shall adhere to the days and times of Contract Activities as detailed in the LSS.

C. Within 10 business days of the Contract start date, the Contractor must submit to the Program Manager a work schedule for on-site attendants. The work schedule must be established in collaboration with the Program Manager to ensure coverage during peak visitor times. The work schedule must include start and end time for each shift for each day; and must include start and end times for each break, including meal breaks. Any changes to the work schedule must be approved by the Program Manager.

D. The Contractor’s on-site attendant staff shall remain actively working during specified times of service, except during regularly scheduled breaks E. Equipment failure WILL NOT constitute an acceptable reason for failure to provide scheduled service.

F. Three holiday periods – Memorial Day, Independence Day, and Labor Day – require additional hours of coverage and additional staffing with both male and female attendants. See Schedule B.1, Section II.

Bidder Response

List all exception(s):

2.2. Adjustments to Work Schedule

A. Adjustments to the specified work schedule, including any weather-related deviations, must be approved by the Program Manager or designee and may result in a deduction for the adjustment to service on the next invoice.

B. Weather-related deviations will only be approved upon verification of K-12 school closing in the nearest school district.

C. Equipment failure WILL NOT constitute an acceptable reason for deviating from the work schedule.

D. Any other deviations to the schedule must be pre-approved by the Program Manager or designee.

Bidder Response

List all exception(s):

2.3. Time Keeping

On-site attendant staff shall adhere to the established work schedule. Attendants must punch in/call in when starting a shift; punch out and in when starting and ending each work break; and punch out/call in when ending a shift. Work hours must be monitored by the Contractor’s Site Supervisor and will be reviewed by the Program Manager or designee.

Bidder Response

List all exception(s):

2.4. Training

The Contractor must provide adequate, proper training for all general employees (Non-key Personnel).

The Contractor must explain training that is included in its proposal, as well as any additional training capabilities available.

Bidder Response

Describe training for day-to-day responsibilities of the Contract Activities.

Describe training for proper use of equipment.

Describe training for proper use of chemicals.

Describe training for proper use of personal protection equipment.

Describe training for proper use, labeling, and storage of chemical and cleaning supplies (MSDS standards).

How frequent is training provided?

Describe other training not listed above, if any.

2.5. Reporting

A. Monthly Schedule. The Contractor shall submit a schedule of the date(s) the Weekly, Bi-weekly, and Monthly Janitorial Tasks will be performed. The schedule shall be submitted to the Program Manager by the first week of each month.

B. Reports and Forms. The Contractor shall provide all required reports and complete all required forms.

1) Reports and forms may include, but are not limited to:

a) Water Use and Phosphate/Chlorination Operation Report

b) Rest Area Incident Report (Form 0468)

c) Rest Area Maintenance Inspection Report (Form 0464)

d) Operation CARE Coffee Break Forms, if applicable

e) Rest Area Daily Cleaning Log

f) Rest Area Monthly Cleaning Log

2) All daily forms will be completed and maintained by the attendants on a daily basis.

3) Reports and forms shall be submitted to the Program Manager by the 10th of the following month.

C. Damage Reports. In all instances where State property or equipment is damaged, the Contractor shall submit to the Program Manager or designee a Damage Report containing the facts and extent of the damage. Damage reports must be submitted verbally within one hour of the damage, and in writing within twenty-four (24) hours of the damage.

D. Accident Reports.

1) The Contractor shall comply with State of Michigan, OSHA, and other regulatory agency requirements for record keeping and reporting of all accidents resulting in death, trauma, or occupational illness.

2) The Contractor must provide a verbal report to the Program Manager or designee within one hour of the accident, and a written report within 24 hours of the accident.

E. Time Sheets. The Contractor shall provide monthly time sheets, submitted to the Program Manager or designee by the 15th of each month. The time sheets must include:

1) Employee name

2) Dates worked at the rest area

3) Area worked

4) Hours worked at the rest area– including starting and quitting times F. Safety Data Sheets (SDS). Current SDS forms for each applicable product must be maintained onsite, kept in a binder in alphabetical order, and stored in the area designated by the Program Manager or designee.

Bidder Response

List all exception(s):

2.6. Meetings

The Contractor must attend the following meetings:

A. Kick-off meeting within 30 calendar days of the Effective Date of the contract.

B. Initial Restroom Cleaning and Sanitation Workshop. All Contractor supervisor personnel may be required to attend an initial one-day workshop on restroom cleaning and sanitation as provided by MDOT upon award of the contract.

C. Annual Refresher Course. Rest area attendants and/or supervisors may be required to attend an annual one-day janitorial refresher course provided by MDOT. The Contractor will be responsible for certifying attendant's training in writing to the Program Manager within 10 days after a refresher course.

D. Annual Service Review and Progress Meeting. If necessary, the Program Manager or designee may request meetings with the Contractor to discuss services provided each year under the specifications, terms and conditions of the Contract. The Contractor’s total service quality may be evaluated including responsiveness, timeliness of required reporting, or any other specifics as required under the terms of the Contract.

E. Annual Grounds Review. The Contractor must meet with the Program Manager, prior to the beginning of each mowing season, to review the grounds and identify any existing damages to landscape items.

F. Quarterly Program Manager Meeting. The Program Manager or designee may elect to meet with the Contractor to discuss progress and provide necessary guidance in solving problems that arise.

G. Other meetings requested by the State as it deems appropriate.

3. Staffing

3.1. Contractor Representative

The Contractor must appoint at least two individuals as points of contact, who will be specifically assigned to State of Michigan accounts and who will respond to State inquiries regarding the Contract Activities, answer questions related to ordering and delivery, etc. (the “Contractor Representative”).

The Contractor must notify the Contract Administrator at least 10 calendar days before removing or assigning a new Contractor Representative.

Bidder Response

Primary Contractor Representative -1st point of contact

Physical Location Address

Office Phone Number:

Mobile Phone Number:

Email Address

Days/Times Available:

Secondary Contractor Representative -2nd point of contact

Physical Location Address

Office Phone Number:

Mobile Phone Number:

Email Address

Days/Times Available:

3.2. Key Personnel

The Contractor must appoint one Project Manager Supervisor who will function as full-time Project/Regional/Area Manager and one Field Supervisor who will function as full-time Site Supervisor (“Key Personnel”). The State reserves the right to require the Contractor to employ more than one Key Personnel to adequately supervise the day-to-day Contract Activities. General employees or attendants must not be appointed as Key Personnel.

A. Key Personnel shall act as the Contractor’s designated representative at the specified Contract location(s).

B. Key Personnel must be trained and qualified to directly supervise and be responsible for the day-to-day operations of the Contract.

C. Key Personnel must have the technical knowledge and background to perform Contract Activities if necessary.

D. Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within eight business hours.

E. The Contractor may not remove or assign Key Personnel without the prior consent of the State. Prior consent is not required for reassignment for reasons beyond the Contractor’s control, including illness, disability, death, leave of absence, personal emergency circumstances, resignation, or termination for cause.

F. The State reserves the right to approve Key Personnel and to require replacement of any Key Personnel found to be unacceptable at any time during the Contract term.

G. The State may request a résumé and conduct an interview before approving the initial assignment or a change to Key Personnel.

H. The State may require a 30-calendar day training period for replacement personnel.

Bidder Response

Project/Regional/Area Manager Key Personnel

Physical Location Address

Phone Number:

Email Address

Organizational Role:

Qualifications

Relevant Experience

Scope of Responsibilities

Field Supervisor Key Personnel

Physical Location Address

Phone Number:

Email Address

Organizational Role:

Qualifications

Relevant Experience

Scope of Responsibilities

3.3. Non-Key Personnel

The Contractor must provide an adequate number of general-employee, onsite staff (Non-key Personnel), during the hours specified and for the duration of the Contract term, to perform Contract Activities in an expeditious and professional manner.

A. Key Personnel shall not be assigned as, shall not be substitutes for, or shall not function as Non-key Personnel.

B. Non-key Personnel shall be able to understand and speak the English language.

C. The State reserves the right to approve Non-key Personnel and to require replacement of any Non-key Personnel found to be unacceptable at any time during the Contract term.

D. The Contractor must notify the Contract Administrator at least 5-calendar days before removing or assigning Non-key Personnel.

The Contractor must explain the criteria for selection and employment of Non-key Personnel.

Bidder Response

Describe general competency requirements.

Describe qualifications.

Describe relevant experience with projects similar to the Contract Activities of this RFP.

3.4. Employee Requirements

A. The Contractor shall have separate crews for janitorial and grounds maintenance services. Personnel assigned to janitorial duties shall not perform grounds maintenance tasks.

B. The Contractor’s employees’ appearance must be clean, serviceable, and neat. All employees must wear a uniform consisting of matching or color coordinated shirt and slack. Uniforms must have the company name permanently affixed on the uniform.

C. Identification badges shall be worn by all employees at all times when working within Rest Area buildings and grounds.

D. Class II Safety Vest shall be worn when working outside of the Rest Area building.

E. Prohibited activities include, but may not be limited to:

1) Performing personal chores for anyone.

2) Smoking while performing job duties

3) Reading newspapers, magazines, books or other matter other than State or Contractor issued directives.

4) Using personal electronic devices, including but not limited to: Smart phones, music/media players, gaming devices, tablets, laptop computers.

5) Having pets at work.

6) Consuming alcoholic beverages or narcotics or being under their influence when reporting for or while on duty.

7) Having relatives or personal visitors.

8) Sleeping or giving the appearance thereof.

9) Consuming food or beverages in public view.

10) Initiating or receiving personal telephone calls on agency telephones. The Contractor will be responsible for all unauthorized telephone calls placed on State telephone lines.

11) Having televisions, equipment that play DVDs or CDs, full size refrigerators, beds/cots, couches or recliner chairs.

12) Storing more food items than will be eaten that day.

Bidder Response

List all exception(s):

3.5. Disclosure of Subcontractors

The Contractor must disclose if it intends to utilize subcontractors in the performance of Contract Activities. SUBCONTRACTED WORK IS LIMITED TO THE LAWN MAINTENANCE, LAWN AERATION, AND/OR SPRING AND FALL CLEANUP ITEMS ONLY.

No undisclosed or new Subcontractor may be assigned to the Contract without prior approval of the Contract Administrator and a formal change notice being executed.

Bidder Response (add rows if more than 1 subcontractor or attach separate sheet)

Will subcontractors be utilized for this contract?

If yes, provide the information below:

Subcontractor Legal Business Name:

Address:

Phone Number:

Description of subcontractor’s organization:

Description of services to be provided:

Information concerning subcontractor’s ability to provide the Contract Activities:

The relationship of the subcontractor to the Contractor:

Does the Contractor have a previous working experience with the subcontractor? If yes, provide the details of that previous relationship.

Description of the Contract Activities that will be performed or provided by the subcontractor

3.6. Security

The Contractor and/or Subcontractor’s staff will be performing Contract Activities on State property. The Contractor must maintain a safe and secure working environment in State facilities and on State property.

A. Drug Testing

1) Pre-Employment Drug Testing. All applicants who are offered a job with the Contractor must be tested for drugs as part of the post job offer employment screening process.

2) Random Drug Testing. The Contractor’s employees may be selected at random for drug testing at any time. These tests are unannounced and unexpected by employees.

3) For Cause Drug Tests. The Contractor’s employees may be required to submit to a drug test if the Contractor believes an employee may be under the influence of drugs or alcohol on the job, if unexcused absence from work or lateness is an issue, or if performance appears to be impacted by drug or alcohol abuse. For cause drug testing is not just to test for drug use on the job, but also during off-work hours such as a lunch hour or at home.

4) Post-Accident Drug Test. Any of the Contractor’s employees involved in an on-the-job accident or injury may be tested for drug or alcohol use.

5) Upon request, the Contractor and/or sub-contractors must share drug testing records/documentation with DTMB Office of Infrastructure, Security Program Coordinator or their designee.

B. Background Checks

1) Contractor must perform criminal background checks on all employees, subcontractors, and subcontractor employees (collectively “personnel”) prior to their assignment. Contractor is responsible for all costs associated with processing the background checks. The State, in its sole discretion, may also perform background checks.

2) The scope of the background checks must be national and may include Michigan State Police background checks (ICHAT or LEIN) and National Crime Information Center (NCIC) fingerprints. For any personnel that is not a U.S. resident and that will work at a location within 25 miles of an international port of entry, the Contractor must also perform a Canadian criminal background check.

3) The State, in its sole discretion, may require any personnel to complete and submit RI-8 Fingerprint Cards for the NCIC fingerprint checks. Any personnel requested to submit an RI-8 Fingerprint Card for an NCIC Fingerprint Check who refuses or fails to do so must be replaced.

4) Upon request, the Contractor and subcontractors must provide documentation, including background check results, to the State of Michigan, including DTMB Office of Infrastructure, Security Program Coordinator, or their designee.

5) The State reserves the right to request additional background checks at the discretion of state agencies or branches of state government as outlined in the Standard Contract Terms document.

6) Failure to provide the requisite number of personnel required by this Contract, who satisfactorily pass the required background check, will be considered a material breach of this Contract. Contractor will ensure that no personnel will provide any services under this Contract who has:

(a.) a felony conviction(s) or pending felony charge(s) that are substantially related to the contracted activities or services; and (b.) a conviction(s) or pending charge(s) that would otherwise be disqualifying under section 20173a(1) of the Public Health Code (MCL 333.20173a(1)), excluding subsections (a) and (i).

C. Subcontractors The Contractor is solely responsible for ensuring that all its subcontractors and subcontractor’s personnel, who will be providing services to the State under this Contract, comply with the background check requirements in section 3 above. Failure of a subcontractor to comply with Section 3 shall constitute a material breach by Contractor of this Contract.

D. Identification Badges All Contractor and sub-contractor staff will display State credentials while performing work on State premises.

E. Storage Areas

1) Door to janitorial/attendant/supply room shall remain open while the attendant is on duty and inside the facility. Door must be locked and secured while the attendant is outside the facility and at the end of the final shift for the day.

2) All doors to restricted areas must remain locked and secured when unattended.

F. Keys, Codes, and Key Cards

1) Keys or key cards will be furnished by the State and MUST NOT BE DUPLICATED.

2) The Rest Area building shall be secured and locked when the Program Manager directs a temporary closure or seasonal closure of the Rest Area. Building lock up to include:

a) Turn off bathroom exhaust fans.

b) Turn off all interior lights.

c) Check and lock all entrance doors, gates, or other access into the building.

d) Properly set security alarm, if applicable.

i. If the location is equipped with a security alarm, the Contractor must properly set the security alarm when leaving the facility. Failure to properly lock the building or set the security alarm (where applicable) may result in a Vendor Performance Report and possible cancellation of the contract.

ii. If false alarms occur due to the Contractor’s failure to properly set the security alarm, any cost incurred from contacting the security service or local police will be the responsibility of the Contractor.

3) In the event the State has to re-key the facility due to lost, broken or non-returned keys or keycards, the cost to re-key will be deducted from the Contractors next available invoice.

4) Should the Contract be cancelled by default of Contractor, the cost of changing the building locks, providing new keys or key cards, and re-coding the security alarm (when applicable) will be charged to the Contractor and deducted from final payment due the Contractor.

Bidder Response

List all exception(s):

4. Pricing

4.1. Price Term

Pricing is firm for the entire length of the Contract.

Bidder Response

List all exception(s):

5. Ordering

5.1. Authorizing Document

The appropriate authorizing document to begin Contract Activities will be a properly executed delivery order (DO).

5.2. Order Verification

The Contractor must have internal controls to ensure only authorized individuals place orders and must verify abnormal orders with the Program Manager.

6. Acceptance

6.1. Acceptance and Inspection

A. The Program Manager or designee is the only individual authorized to determine whether the Contract Activities are acceptable.

B. Acceptance of Contract Activities is pursuant to Section 17 of the Standard Contract Terms.

C. The following procedure will be used by the State to determine Acceptance of the Contract Activities.

1) The Program Manager or designee will conduct routine inspections for compliance with Section 1.1 Specifications and site-specific requirements in compliance with the LSS, noting any deficiencies. The Program Manager or designee will make the final determination as to whether any task has been satisfactorily performed.

2) If the Program Manager or designee determine any portion of the Contract Activities are unacceptable, the Program Manager or designee will immediately address the condition with the on-duty attendant and notify the Contractor Representative by telephone and follow up with written notice by email.

3) The Program Manager or designee will maintain a record of complaints from the agency or departmental staff and provide record of complaints to the Contractor. The record will identify areas requiring special attention, on the day the complaint was received, which must be completed by the Contractor within eight business hours of receipt.

D. The Contractor must make any necessary changes if the Program Manager or designee determines that any task has not been performed adequately or satisfactorily.

Bidder Response

List all exception(s):

6.2. Contractual Deductions

Deductible Incidents include, but are not limited to:

A. Failure to Respond to Emergency Situations

1) In the event of an emergency, the Program Manager or designee will telephone the assigned Key Personnel.

2) Key Personnel failure to respond to the Program Manager or designee within two (2) hours of the initial call may result in a $250.00 invoice deduction and an additional deduction of $100.00 for every ½ hour of delay.

B. Unsatisfactory Conditions

1) The Program Manager or designee is authorized to determine whether Contract Activities are satisfactory.

2) If the Program Manager or designee determines any Contract Activity has not been adequately performed, the Program Manager or designee will immediately notify the Contractor.

a) Unsatisfactory Janitorial Conditions.

i. Upon receipt of notification of deficiency, the Contractor must correct the deficiency within 1 hour for basic services, and within 24 hours for periodic services.

ii. Failure to correct the unsatisfactory condition within the specified time frame may result in a $50.00 per hour invoice deduction for the first hour, and a $100.00 deduction for each additional continuous hour the condition remains uncorrected.

iii. If the condition remains unaddressed, a meeting will be held with the Contractor Program Manager, Contractor Field Supervisor, and MDOT staff to discuss a remedy.

b) Unsatisfactory Grounds Conditions

i. The Contractor must correct the deficiency within 8 business hours from receipt of notice of deficiency.

ii. Failure to correct the unsatisfactory condition within the specified time frame may result in a $50.00 per day invoice deduction for the first day, and a $100.00 deduction for each additional day the condition remains uncorrected.

c) Unsatisfactory Snow Removal Conditions

i. A $50.00 invoice deduction will result upon issuance of a notification of deficiency.

ii. The Contractor must correct the deficiency within 4 hours from receipt of notice of deficiency.

iii. Failure to correct the unsatisfactory condition within the specified time frame may result in a $50.00 per hour invoice deduction for the first hour, and a $100.00 deduction for each additional hour the condition remains uncorrected.

3) Continued failure to remedy the condition are grounds for terminating the Contract.

C. Unstaffed/Unattended Conditions One Rest Area attendant must be onsite 24 hours a day, 7 days a week, including holidays. Failure to provide adequate staff may result in a $250.00 invoice deduction for the first instance, and a $500.00 invoice deduction for subsequent late arrival (late arrival defined as greater than 15 minutes) or absence by the same employee.

D. Incomplete or Missing Records or Reports

1) Incomplete or missing SDS sheets may result in a $150.00 per day invoice deduction.

2) Failure to complete and submit any required report or form within specified time may result in a $150.00 per day invoice deduction.

E. Inadequate or Unapproved Supplies Inadequate supplies, or unapproved supplies found on site, may result in a $150.00 per day invoice deduction.

Bidder Response

List all exception(s):

6.3. Escalation

A. First Instance. If the Program Manager or designee determines the Contractor is non-compliant with the terms, conditions and/or specifications of the Contract, or a Deductible Incident or Condition has occurred:

1) the Program Manager or designee will verbally notify the Contractor of the situation or issue.

a) Provide a description of the non-compliance or Deductible Incident or Condition.

b) Specify a date by which the issue must be resolved.

2) the Contractor should provide the Program Manager or designee with a verbal root cause analysis and corrective action plan.

3) the Program Manager or designee will preserve a written record of the issue, proposed resolution, and time frame for inclusion in the annual Contract Monitoring Report, and provide a copy to the Contractor.

B. Second Instance. If resolution is not achieved, or the issue arises again, the Program Manager or designee will:

1) Schedule an in-person meeting with the Contractor and provide, in writing:

a) A description of the specific problem

b) A description of the actions the Contractor is expected to take to resolve the problem

c) A date by which the Contractor is expected to resolve the problem

2) Notify Contractor of the intent to exercise the Contractual Deduction

3) Request, in writing, the Contractor’s root cause and corrective action plan.

4) Preserve a written record of the meeting, expectations and resolution for inclusion in the annual Contract Monitoring Report and provide a copy for the Contractor.

5) Exercise the Contractual Deduction as a deduction from the next invoice.

6) Enter a Vendor Performance Report.

C. If resolution is not achieved or the issue arises again, a written notice of termination may be sent to the Contractor.

D. In the event a contract is cancelled, the State may award the contract to the next lowest qualified bidder.

Bidder Response

List all exception(s):

7. Invoice and Payment

7.1. Invoice Requirements

Invoicing must comply with the Standard Contract Terms, Section 21 Terms of Payment.

All invoices submitted to the State must include:

a) Vendor-generated invoice number.

b) Invoice date.

c) Delivery Order number.

d) Quantity.

e) Itemized description of the Contract Activities, including the dates Weekly and Monthly janitorial tasks were performed. If tasks and dates are not itemized on the invoice, a report of Weekly and Monthly tasks must be included with the invoice.

f) Unit price.

g) Total price.

7.2. Payment Methods

The State will make payment for Contract Activities by Electronic Funds Transfer (EFT).

7.3. Procedure

Invoices must be submitted on a monthly basis. Invoices may be sent:

Via email to the Program Manager or designee Or Via mail to the billing address identified on the Delivery Order.

Prior to release of payment, invoices will be adjusted to account for any outstanding invoice contractual deductions, deductions for damages, or deductions for liquidated damages.

8. Project Plan The Contractor will carry out this project under the direction and control of the Program Manager. Within 30 calendar days of the Effective Date, the Contractor may be required to submit a project plan to the Program Manager for final approval. If requested, the plan must also include: (a) the Contractor's organizational chart with names and title of personnel assigned to the project, which must align with the staffing stated in accepted proposals; and (b) the project breakdown showing sub-projects, tasks, and resources required.

9. Licensing Agreement Any permits, licenses, certificates, or fees required for the performance of Contract Activities shall be obtained and paid by the Contractor. The Contractor must provide a copy of any applicable licensing agreement.

10. Damages

10.1. Damage to Grounds

A. Prior to the beginning of each mowing season, the Contractor and the Program Manager may review the grounds to identify any existing damages to landscape items.

B. The Contractor will be held liable for all damages, as a result of grounds maintenance or snow/ice removal operations, to fixed objects such as signs, posts, buildings, sprinkling system and all vegetation including turf, trees, shrubs, flower beds and desirable natural growth. Damage to vegetation shall include among other things; skinning, scraping, breaking of tree limbs or gouging of trees or shrubs and rutting, scalping or tearing turf.

C. Costs associated with damages caused by the Contractor to plant material will be assessed based on current Michigan Forestry and Park Association's Michigan Tree Evaluation Guidelines.

D. The Contractor shall make all turf damage repairs.

1) Seed shall meet purity and germination requirements as specified by the Program Manager.

2) Seed shall be a mixture of 30% perennial ryegrass, 45% Kentucky bluegrass and 25% fine fescue.

3) Only friable topsoil shall be used to fill any depressions, ruts, etc., prior to seeding.

4) Seeding will only be allowed from April 15 through May 31, and August 15 through September 30, unless otherwise directed by the Program Manager.

E. All other property damage will be assessed for actual replacement costs including labor, materials, and equipment.

F. The Contractor will be billed for all costs related to the damages caused by his/her operation or be required to repair the damages as directed by the Program Manager.

Bidder Response

List all exception(s):

10.2. Damage to State-owned or Leased or Citizen-owned Property A. In all instances where State-owned or leased, or Citizen-owned property or equipment is damaged, the Contractor must notify the Program Manager or designee of the facts and extent of the damage.

1) Verbal notification within one hour of the damage or discovery of damage, AND

2) Written notification within 24 hours of the damage or discovery of damage.

B. Contractor shall be responsible for repair, replacement or cleanup as necessary to any State-owned or leased or Citizen-owned property due to carelessness, misuse or neglect of the Contractor or any of the Contractor’s personnel or subcontractors.

C. In the event of Contractor liability for damages, the Contractor agrees:

1) The State will repair, replace or cleanup the damage.

2) The State will provide the Contractor with documentary evidence (e.g., invoices, etc.) of the costs associated with the repair, replacement or cleanup, and

3) The Contractor will reimburse the State for the full amount of the repair, replacement, or cleanup either by:

a) Forwarding payment in full within 45 days of receipt of documentary evidence, or

b) By agreeing in writing, to allow the State to hold back contractual payments until the cost for the repair, replacement or cleanup has been fully reimbursed to the State.

Bidder Response

List all exception(s):

10.3. Liquidated Damages

A. 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, in addition to Contractual Deductions stated in Section 6.2, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $500 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of Contract Activities.

B. Contractor default of contract that causes harm or loss to the state of Michigan resulting in unstaffed/unattended conditions.

C. Unauthorized Removal of Key Personnel will interfere with the timely and proper completion of the Contract, to the loss and damage of the State, and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, the State may assess liquidated damages against Contractor as specified:

1) The State is entitled to collect $1,000 per individual per day for the removal of any Key Personnel without prior approval of the State.

2) The State is entitled to collect $1,000 per individual per day for an unapproved or untrained key personnel replacement.

Bidder Response

List all exception(s):

11. Additional Requirements

11.1. Environmental and Energy Efficiency Product Standards

The Contractor must identify any energy efficient, bio-based, or otherwise environmentally friendly products used in the performance of Contract Activities. Contractor must include any relevant third-party certification, including the verification of a United States Department of Agriculture certified bio-based product label. Contractor must describe how products that meet these requirements are identified or otherwise labelled and list any exceptions to this requirement.

Bidder Response

Will any energy efficient, bio-based, or otherwise environmentally friendly products used?

11.2. Hazardous Chemical Identification

In accordance with the federal Emergency Planning and Community Right-to-Know Act, 42 USC 11001, et seq., as amended, the Contractor must provide a Material Safety Data Sheet listing any hazardous chemicals as defined in 40 CFR §370.2, to be delivered. Each hazardous chemical must be properly identified, including any applicable identification number, such as a National Stock Number or Special Item Number.

Storage of flammable and combustible liquids must meet and conform to the requirements of the Michigan Occupational Safety and Health Administration (MIOSHA), General Safety and Health Standard, Part 75 Flammable & Combustible Liquids, R408.17501(d)(5)(iii) Office occupancies.

The Contractor must identify any hazardous chemicals that will be utilized under any resulting contract.

Bidder Response

Will any hazardous chemicals be utilized?

If yes, provide the information below:

List any hazardous chemicals to be used:

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