Sch A Roadside Park janitorial & grounds.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. 220000000135 Janitorial/Grounds Maintenance Services for (8) Roadside Parks in the 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 Roadside Parks for the motoring public to use to take a break from the rigors of travel. The parks typically have pit vault-type restrooms, a hand pump for drinking water, picnic tables, grills, and a mowed area for walking. Roadside Park facilities must be kept safe and clean for motorists.

SCOPE

The Contractor shall provide janitorial and grounds maintenance services at the following roadside parks located in the MDOT Superior Region:

· Cut River Roadside Park – Mackinac County

· Detour Roadside Park – Luce County

· Epouphette Roadside Park – Mackinac County

· Gros Cap Roadside Park – Mackinac County

· Luce county Flowing Well Roadside Park – Luce

· St. Ignace Bridgeview Overlook Roadside Park – Mackinac County

· Memorial Airport Roadside Park – Houghton County

· Keweenaw Scenic Turnout – Houghton County

Contract Activities shall be performed during the period roadside parks are open (the “season”) – typically mid-April to end of October. MDOT roadside parks are closed between the end of October to mid-April.

The State reserves the right to modify the services required under the Contract to meet future needs including adding locations within the Region.

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. Janitorial Specifications

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

Bidder Response

List all exception(s):

1.2. 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):

1.3. Call Backs for Extra Service

If the Program Manager or designee determines any portion of the Contract Activities become unacceptable due to public use (extensive or obscene graffiti, dirty/messy conditions, etc.), the Program Manager may “call back” the Contractor to resolve the complaint. The Contractor is expected to respond to a “call back” and correct the deficiency within 4 hours. A “call back” may require work outside of the normal hours detailed in the Contract. “Call backs” are expected to be infrequent in nature and shall be reimbursed at a lump sum per occurrence.

Bidder Response

List all exception(s):

1.4. Other Requirements

A. The Contractor will not display signs, displays or other advertising material promoting Contractor’s business.

B. 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.

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

D. 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):

2. Service Requirements

2.1. Work Schedule

A. 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.

B. Equipment failure WILL NOT constitute an acceptable reason for failure to provide scheduled service.

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

C. 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 Frames – Vault Pumping

If additional vault pumping is requested by the Program Manager, pumping must be completed within five business days.

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.

How frequent is training provided?

Describe other training, if any.

2.5. Reporting

A. Monthly Schedule. If requested by the Program Manager, the Contractor shall submit a schedule of the dates the mowing cycles will be performed. The schedules shall be submitted to the Program Manager by the first day of each month.

B. 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.

C. 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.

D. Time Keeping. If requested by the Program Manager, 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 Park

3) Hours worked at Park – including starting and quitting times Bidder Response

List all exception(s):

2.6. Meetings

The Contractor must attend the following meetings:

A. Kick-off meeting within 15 calendar days of the Effective Date.

B. Annual meeting, prior to the beginning of each mowing season, to review the grounds and identify any existing damages to landscape items.

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

3. Staffing

3.1. Contractor Representative

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

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

Bidder Response

Contractor Representative

Physical Location Address

Phone Number:

Email Address

Days/Times Available:

Functions Performed:

3.2. Key Personnel

The Contractor must appoint at least one individual who will function as a full-time Project Manager or Site Supervisor (“Key Personnel”). Key Personnel shall act as the Contractor’s designated representative at the specified Contract locations. Key Personnel must be trained and qualified to directly supervise and be responsible for the day-to-day operations of the Contract. 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.

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 are not acceptable as Key Personnel.

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.

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. The State may request a résumé and conduct an interview before approving the initial assignment or a change to Key Personnel. The State may require a 30-calendar day training period for replacement personnel.

Bidder Response

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

B. 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.

C. The Contractor must notify the Contract Administrator at least 5-calendar days before removing or assigning non-key personnel.

Bidder Response

List all exception(s):

3.4. 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, VAULT PUMPING, AND/OR SPRING AND FALL CLEANUP ITEMS ONLY.

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

3.5. 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

i) 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.

Bidder Response

List all exception(s):

4. Pricing

4.1. Price Term

Pricing is firm for the initial term of the Contract. Adjustments may be requested, in writing, by either party at the time a renewal option is requested.

4.2. Price Changes

Adjustments will be based on changes in actual Contractor costs. Any request must be supported by written evidence documenting the change in costs. The State may consider sources, such as the Consumer Price Index; Producer Price Index; other pricing indices as needed; economic and industry data; manufacturer or supplier letters noting the increase in pricing; and any other data the State deems relevant.

Following the presentation of supporting documentation, both parties will have 30 days to review the information and prepare a written response. If the review reveals no need for modifications, pricing will remain unchanged unless mutually agreed to by the parties. If the review reveals that changes are needed, both parties will negotiate such changes, for no longer than 30 days, unless extended by mutual agreement.

The Contractor remains responsible for Contract Activities at the current price for all orders received before the mutual execution of a Change Notice indicating the start date of the new Pricing Period.

5. Ordering

5.1. Authorizing Document

The appropriate authorizing document to begin Contract Activities will be 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 14 of the Standard Contract Terms.

C. The following process will be used by the State to determine Acceptance of the Contract Activities under this RFP.

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 Location Specification Sheet, 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 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, the day the complaint was received, and corrective actions the Contractor must take.

D. The Contractor must make any necessary changes if the Program Manager or designee determines any task has not been performed adequately or satisfactorily. Contractor must correct the deficiency the next service day or, depending on the severity of the task, within the timeframe specified by the Program Manager or designee.

Bidder Response

List all exception(s):

6.2. Contractual Deductions

Deductible Incidents include, but are not limited to:

A. Failure to Respond to Call Back Situations

1) In the event of an emergency requiring a “call back”, the Program Manager or designee will telephone the assigned Key Personnel.

2) Key Personnel failure to respond to the Program Manager or designee within 4 hours of the initial call may result in a $100.00 invoice deduction and an additional deduction of $50.00 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 of the unsatisfactory condition.

a. Unsatisfactory Janitorial Conditions:

i. Upon receipt of notification of deficiency, the Contractor must correct the deficiency within 4 hours.

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 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 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.

3) Failure to correct the unsatisfactory condition within the specified time frame may result in a $25.00 per day invoice deduction for the first day, and a $100.00 deduction for each additional day.

C. Inadequate or Unapproved Supplies

1) Inadequate supplies, or unapproved supplies used on site, may result in a $100.00 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 20 Terms of Payment.

All invoices submitted to the State must include: (a) vendor-generated invoice number; (b) date; (c) Delivery Order number; (d) quantity; (e) description of the Contract Activities; (f) unit price; and (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. See LSS documents for

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 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. Damages

9.1. 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 damage done, as a result of grounds maintenance 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 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) Only friable topsoil shall be used to fill any depressions, ruts, etc., prior to seeding.

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

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

E. 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.

9.2. 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.

9.3. Liquidated Damages

Late or improper completion of the Contract Activities will cause loss and damage to the State and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, in addition to deductions stated in Section 6.2 Contractual Deductions, 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 the Work.

Bidder Response

List all exception(s):

10. Additional Requirements

10.1. 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?

10.2. 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.

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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