schedule_a_prof_services-table_format M47.docx

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STATE OF MICHIGAN

Request For Proposal No.200000002229

HMA PAVING

M-47 SHOULDER PAVING TITTABAWASSEE NORTHBOUND 3 MILES

SAGINAW COUNTY

SCHEDULE A

STATEMENT OF WORK

CONTRACT ACTIVITIES

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.

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

M-47 Shoulder Paving From Tittabawassee Northbound 3 Miles will consist of 2” Cold Milling HMA Surface and 2" HMA Paving.

SCOPE

The work will consist 8’ Shoulder Paving at 2” cold milling HMA surface and HMA paving.

M-47 ITEMS OF WORK

Cold Milling HMA Surface 14,080 Syd

Minor Traffic Devices 1 LS Plastic Drum, High Intensity, Furn 25 Ea Plastic Drum, High Intensity, Oper 25 Ea Sign Cover 2 Ea Sign, Type B, Temp, Prismatic, Furn 800 Sq Feet Sign, Type B, Temp, Prismatic, Oper 800 Sq Feet Sign, Portable, Changeable Message, Furn 2 Ea Sign, Portable, Changeable Message, Oper 2 Ea

REQUIREMENTS

1. General Requirements

1.1 Transition

All work must be conducted in accordance with the Michigan Department of Transportation 2012 Standard Specifications for Construction https://mdotcf.state.mi.us/public/specbook/files/0_final_CompleteSpecBookWErrata.pdf

2. Service Levels

2.1 Timeframes

All Contract Activities must be delivered by September 25, 2020 from receipt of order. The receipt of order date is pursuant to the Notices section of the Standard Contract Terms.

2.2 Delivery

Delivery will be expected by September 25, 2020.

3. Acceptance

3.1 Acceptance, Inspection and Testing

Acceptance process defined in the Acceptance section of the Standard Contract Terms.

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 2012 Standard Specifications for Construction.

4.Staffing

4.1 Contractor Representative

The Contractor must appoint 1 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 2 calendar days before removing or assigning a new Contractor Representative.

4.2 Customer Service Toll-Free Number

The Contractor must specify its toll-free number for the State to make contact with the Contractor Representative. The Contractor Representative must be available for calls during the hours of 8:00 am to 4:30 pm EST.

4.3 Technical Support, Repairs and Maintenance

The Contractor must specify its toll-free number for the State to make contact with the Contractor for technical support, repairs and maintenance.

The Contractor must be available for calls and service during the hours of 8 am to 4:30 pm EST.

4.4 Work Hours

The Contractor must provide Contract Activities during the State’s normal working hours Monday – Friday 6:00 a.m. to 6:00 p.m. EST and possible night and weekend hours depending on the requirements of the project.

4.5 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 2 hours.

The State has the right to recommend and approve in writing the initial assignment, as well as any proposed reassignment or replacement, of any Key Personnel. Before assigning an individual to any Key Personnel position, Contractor will notify the State of the proposed assignment, introduce the individual to the State’s Project Manager, and provide the State with a resume and any other information about the individual reasonably requested by the State. The State reserves the right to interview the individual before granting written approval. In the event the State finds a proposed individual unacceptable, the State will provide a written explanation including reasonable detail outlining the reasons for the rejection. The State may require a 30-calendar day training period for replacement personnel.

Contractor will not remove any Key Personnel from their assigned roles on this Contract without the prior written consent of the State. The Contractor’s removal of Key Personnel without the prior written consent of the State is an unauthorized removal (“Unauthorized Removal”). An Unauthorized Removal does not include replacing Key Personnel for reasons beyond the reasonable control of Contractor, including illness, disability, leave of absence, personal emergency circumstances, resignation, or for cause termination of the Key Personnel’s employment. Any Unauthorized Removal 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.

It is further acknowledged that an Unauthorized Removal will interfere with the timely and proper completion of this Contract, to the loss and damage of the State, and that it would be impracticable and extremely difficult to fix the actual damage sustained by the State as a result of any Unauthorized Removal.

Therefore, Contractor and the State agree that in the case of any Unauthorized Removal in respect of which the State does not elect to exercise its rights under Termination for Cause, Contractor will issue to the State the corresponding credits set forth below (each, an “Unauthorized Removal Credit”):

(i) For the Unauthorized Removal of any Key Personnel designated in the applicable Statement of Work, the credit amount will be $25,000.00 per individual if Contractor identifies a replacement approved by the State and assigns the replacement to shadow the Key Personnel who is leaving for a period of at least 30-calendar days before the Key Personnel’s removal.

(ii) If Contractor fails to assign a replacement to shadow the removed Key Personnel for at least 30 calendar days, in addition to the $25,000.00 credit specified above, Contractor will credit the State $833.33 per calendar day for each day of the 30-calendar day shadow period that the replacement Key Personnel does not shadow the removed Key Personnel, up to $25,000.00 maximum per individual. The total Unauthorized Removal Credits that may be assessed per Unauthorized Removal and failure to provide 30-calendar days of shadowing will not exceed $50,000.00 per individual.

Contractor acknowledges and agrees that each of the Unauthorized Removal Credits assessed above: (i) is a reasonable estimate of and compensation for the anticipated or actual harm to the State that may arise from the Unauthorized Removal, which would be impossible or very difficult to accurately estimate; and (ii) may, at the State’s option, be credited or set off against any fees or other charges payable to Contractor under this Contract.

The Contractor must identify the Key Personnel, indicate where they will be physically located, describe the functions they will perform, and provide current chronological résumés.

4.6. Disclosure of Subcontractors

If the Contractor intends to utilize subcontractors, the Contractor must disclose the following:

· The legal business name; address; telephone number; a description of subcontractor’s organization and the services it will provide; and information concerning subcontractor’s ability to provide the Contract Activities.

· The relationship of the subcontractor to the Contractor.

· Whether the Contractor has a previous working experience with the subcontractor. If yes, provide the details of that previous relationship.

A complete description of the Contract Activities that will be performed or provided by the subcontractor.

4.7. Access to Tax Information

The Contractor must comply with the requirements of IRS Publication 1075 (including Exhibit 7 Safeguarding Contract Language) and Michigan Department of Treasury Safeguard Requirements of Confidential Tax Data.

5. Project Management

5.1 Project Plan

The Contractor will carry out this project under the direction and control of the Program Manager. Within 1 calendar days of the Effective Date, the Contractor must submit a project plan to the Program Manager for final approval. 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.

5.2 Meetings

The State may request meetings, as it deems appropriate.

5.3 Reporting

The Contractor must explain its reporting capabilities and any reporting that is included in its proposal.

6. Pricing

6.1 Price Term

Pricing is firm for the entire length of the Contract.

7. Ordering

7.1 Authorizing Document

The appropriate authorizing document for the Contract will be purchase order.

8.Invoice and Payment

8.1 Invoice Requirements

All Invoice will be mailed to MDOT-Bay City TSC, Attn: Angela Daly, 2590 Wilder Road, Bay City, Michigan 48706

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); and (g) total price. Overtime, holiday pay, and travel expenses will not be paid.

8.2 Payment Methods

The State will only disburse payments under this Contract through Electronic Funds Transfer (EFT). Contractor must register with the State at http://www.michigan.gov/SIGMAVSS to receive electronic fund transfer payments

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. Performance Bonds

Bidder is to provide performance bonds for each individual project that exceeds $50,000. Creation and acceptance of performance bonds will be subject to review and approval from the MDOT, Construction Section.

The Bidder has read AND agrees to the following specifications/requirements:

Check All that Apply

Schedule A – Statement of Work

Bidder Name:

If Contractor takes exception to any portion of the Schedule A, Statement of Work, provide detail of exception (s) in Response Box, below.

Bidder Response – Exception to Schedule A, Statement of Work.

Bidder Name:

Rev. 2, 05/2020