schedule_a_commodities_and_non-prof_services-outline_format.docx

Michigan.gov/MiProcurement

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Michigan.gov/MiProcurement

SCHEDULE A – STATEMENT OF WORK CONTRACT ACTIVITIES

Request for Proposal (RFP) No. 220000002464

GUARDRAIL GARDEN FOR ST IGNACE GARAGE

ST IGNACE, MI, 49781

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’s St Ignace Maintenance Garage is located in the city of St Ignace and is responsible for responding to the trunkline maintenance needs in Mackinac County. Construction work shall consist of installation of seven new runs of guardrail at the Garage as described and as shown in the attachments.

SCOPE

The following is a list of standard plans that will apply to this project.

REQUIREMENTS

1. General Requirements All work must be conducted in accordance with the Michigan Department of Transportation 2020 Standard Specifications for Construction. MDOT 2020 Standard Specifications for Construction [WEB]-linked (michigan.gov)

1.2 Prequalification Category – N96L Guardrail

Bidder(s) must be prequalified in N96L Guardrail. Vendor MUST include MDOT Prequalification approval with submission of bid.

1.3 Bond Requirements

The successful bidder must furnish performance and lien bonds each for not less than 100% of the total contract price. The bonds must be on the forms provided by the Department. The bonds must meet the requirements of Michigan law and the Department and include other items such as the Powers of Attorney and Endorsement as specified by the Department. The same surety responsible for writing the performance bond must write the lien bond. It is the successful bidder’s responsibility to ensure that the lien bond conforms with the terms of MCL 570.101 et seq.

2. Service Levels

2.1. Time Frames

All Contract Activities must be Completed between July 18th and September 9th, 2022. All work must be completed within 4 consecutive days of start date. Notice must be provided to Nick LaChapelle at (906) 630-5600 a minimum of 7 calendar days prior to beginning the work. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

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 (7) calendar days before removing or assigning a new Contractor Representative.

3.2. Key Personnel

The Contractor must appoint (1) individual who will be directly responsible for the day-to-day operations of the Contract (“Key Personnel”). Key Personnel must be specifically assigned to the State account, be knowledgeable on the contractual requirements, and respond to State inquiries within 4 hours.

Contractor’s Key Personnel must be on-site at the St Ignace Garage during the following times: Active work times.

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 may request a résumé and conduct an interview before approving a change. The State may require a 30-calendar day training period for replacement personnel.

3.3. Work Hours

The Contractor must complete Contract Activities during normal work hours Monday – Friday 6:00 a.m. to 6:00 p.m. EST.

4. Pricing

4.1. Price Term

Pricing is firm for the entire length of the Contract.

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. Acceptance

5.1. Acceptance, Inspection and Testing

The State will use the following criteria to determine acceptance of the Contract Activities: All work conducted in accordance with the Michigan Department of Transportation 2020 Standard Specifications for Construction.

6. Invoice and Payment

6.1. Invoice Requirements

All invoices will be mailed to MDOT – Newberry TSC, Attn: Jodie Postma 14113 HWY M-28, Newberry MI, 49868. All invoices submitted to the State must include: (a) date; (b) purchase order; (c) quantity; (d) description of the Contract Activities; (e) unit price; (f) shipping cost (if any); (g) vendor-generated invoice number and (h) total price.

6.2. Payment Methods

The State will make payment for Contract Activities through SIGMA-VSS.

7. Project Plan The Contractor will carry out this project under the direction and control of the Program Manager.

Upon Contract Award: A final project plan must be submitted for final approval within 10 calendar days of the Effective Date. 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.

8. Licensing Agreement The Contractor must provide a copy of any applicable licensing agreement.

9. Liquidated Damages Late or improper completion of the Contract Activities will cause loss and damage to the State and it would be impracticable and extremely difficult to fix the actual damage sustained by the State. Therefore, if there is late or improper completion of the Contract Activities the State is entitled to collect liquidated damages in the amount of $5,000 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

10. Additional Requirements

10.1. 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 provided under any resulting contract.

10.2. Mercury Content

Pursuant to MCL 18.1261d, mercury-free products must be procured when possible. The Contractor must explain if it intends to provide products containing mercury, the amount or concentration of mercury, and whether cost competitive alternatives exist. If a cost competitive alternative does exist, the Contractor must provide justification as to why the particular product is essential. All products containing mercury must be labeled as containing mercury.

10.3. Brominated Flame Retardants

The State prefers to purchase products that do not contain brominated flame retardants (BFRs) whenever possible. The Contractor must disclose whether the products contain BFRs and describe how the products are identified or otherwise labelled.

12.5 Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

The Contractor must confirm that the provided products do not intentionally contain PFAS. This consists of all components of the provided products, including product packaging.

OR

The Contractor must disclose whether a product or its components contain intentionally added PFAS. If the product or its components contain intentionally added PFAS the Contractor must:

a. provide an explanation with respect to the intentionally added PFAS contents, including the purpose for which PFAS are used in the product or its components, the types of PFAS used in the product or its components, and the amount of each PFAS used in the product or its components.

b. indicate whether the product will be labeled or packaged with information about the intentionally added PFAS contents.

c. identify any alternative products that do not contain intentionally added PFAS.

d. provide any additional information that would further the Department’s implementation of ED 2021-08.

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