Michigan Department of Transportation Wetland Planting Request for Proposal No. 210000001615 Solicitation Manager Name: ReChelle I. Benson Direct Phone: 517-335-5905 Email: BensonR4@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724 This is a Request for Proposal (RFP) for:

Horticultural support with wetland trees and shrub replanting within the Bay, Grand, Superior, and University Regions, as identified within Schedule A

RFP Timeline

*A bidder’s proposal received at 5:00:01 p.m. Eastern is late and subject to disqualification.

This RFP is subject to change. Check www.michigan.gov/SIGMAVSS for current information.

Michigan.gov/MiProcurement proposal instructions

Version 11(5/2020)

Version 2021-2 2

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.

RFP Structure and Documentation

· Jacks Fish Farm

· Maple Ola

· Maple Stoneman

· Musson

· St. Joseph Bidder to complete pricing and submit by proposal deadline

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. An optional pre-proposal meeting will be held on Monday, July 12, 2021 at 1:00 p.m. Eastern.

Join on your computer or mobile app Click here to join the meeting

Or call in (audio only) +1 248-509-0316,552567278# United States, Pontiac Phone Conference ID: 552 567 278#

The purpose of the pre-proposal meeting is to discuss the RFP and the work to be performed. Statements made by the Solicitation Manager or designee at a pre-proposal meeting are not considered modifications to the RFP. If, however, the Solicitation Manager determines modifications to the RFP are warranted after the meeting, modifications will be posted in writing on www.michigan.gov/SIGMAVSS as explained in the Modifications section of this document Attendance at the pre-proposal meeting is limited to [1] person per bidder. If the pre-proposal meeting is mandatory, a bidder may be disqualified by being late. Subcontractor sign-in is permitted in lieu of the bidder as evidence of attendance. Accessibility requests for reasonable accommodations at the pre-proposal meeting should be made with the Solicitation Manager at least 10 business days before the date of the meeting. Accommodation requests received outside this time period cannot be guaranteed.

4. 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.

5. QUESTIONS. Bidder questions about this RFP must be emailed to the Solicitation Manager 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.

6. 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.

7. MANDATORY MINIMUM REQUIREMENTS. Only proposals meeting the mandatory minimum requirements will be considered for evaluation. To avoid disqualification, the bidder must provide documentation to support the following:

· Bidder must be currently registered as a MDOT Pre-Qualified Contractor (https://mdotjboss.state.mi.us/PSVR/PrequalifiedContractors.htm) in the following Work Type: H-Landscaping

8. EVALUATION PROCESS. The State will evaluate each proposal based on the following factors:

Step 1 – PASS OR FAIL

1. Submitted Confidential Treatment Form

2. Submitted Vendor Question Worksheet

3. Submitted of the Byrd Anti-Lobbying Certification

4. Submitted Location Specification Sheet (LSS)

5. Submitted Schedule A, Statement of Work

Step 2 – PASS OR FAIL

1. Submitted, Attachment A – Key Personnel, Resume Template

The Bidder must provide staff with a minimum of five (5) years, specialized experience in the installation of wetland plant material and provide three (3) current references.

Step 3 - Bidders that successfully PASS Step 1 and Step 2, will have their pricing evaluated and considered for award.

This service will be federally funded from the Federal Highway Administration and is not subject to the State of Michigan Qualified Service-Disabled Veteran (SDOV) preference.

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.

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.

9. 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.

10. 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.

11. 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.

12. AWARD RECOMMENDATION. The contract will be awarded to the responsive and responsible bidder who offers the best value to the State, as determined by the State. Best value will be determined by the bidder meeting the minimum point threshold and offering the best combination of the factors stated in the Evaluation Process section of this document, and price, as demonstrated by the proposal. The State will publish an Award Recommendation and Evaluation Synopsis on www.michigan.gov/SIGMAVSS or in the manner it was originally published.

13. 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 3:00 p.m., 3 calendar days after posting the Award Recommendation and Evaluation Synopsis or by 3:00 p.m. the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on the SIGMA VSS system.

Additional information about the protest process is available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

14. 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.

15. 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. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

16. CONFIDENTIAL TREATMENT FORM AND THE FREEDOM OF INFORMATION ACT. 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, some information may be exempt from disclosure. 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.

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.”

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.

INSTRUCTIONS. Complete either Section 1 or Section 2 of this CT Form and sign where indicated. 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. 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.

By signing below, the bidder affirms that confidential treatment of material contained in their proposal is not requested.

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company confidential treatment form

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.

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), (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, and (4) Provides the contact information for the person at Bidder’s organization authorized to respond to inquiries by the State concerning the material.

(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.

RFP Number

RFP Title

Signature

Date

Printed Name, Title, Company confidential treatment form

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 and 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 3 relevant experiences from the last 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 and Environmental Laws Compliance

Bidder must disclose any violations of state or federal labor 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.

Other

vendor questions worksheet

Contractor must enter company name here.

Request for Proposal (RFP) No. 210000001615 Wetland Mitigation Site Tree/Shrub Planting

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

The Michigan Department of Transportation (MDOT) Environmental Services Section manages the statewide MDOT wetland mitigation program.

SCOPE

This contract consists of planting container-grown tree species at an approximate density of 100 stems per acre, within the Bay, Grand, Superior, and University Regions.

Individual wetland mitigation sites require replanting with trees. Tree planting will take place either in the spring or fall of each planting year.

All Contract Activities must be carried out in accordance with the requirements listed within Schedule A, Statement of Work, the Location Specification Sheets (LSS) and under the direction of the assigned MDOT Program Manager.

REQUIREMENTS

1. General Requirements The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services to do all things necessary for or incidental to the performance of work, as set forth in this document and attached documentation. No subcontractors will be permitted for this Contract.

Unless stated otherwise, work under this contract shall be done in accordance with the currently published MDOT Standard Specifications for Construction (https://mdotjboss.state.mi.us/SpecProv/specBookHome.htm).

· The Contractor’s crew must be prepared and outfitted to work in inclement weather conditions including rain, snow, sleet, and freezing rain.

· Tree planting will be performed unless the weather is unusually severe.

· Any delay in work will be communicated to the MDOT Program Manager.

· The Contractor must provide transportation for their personnel to and from the worksites.

· No alcohol or controlled substances are allowed while working on State owned or State managed lands.

· MDOT will not be responsible for any citations, fines or tickets received, while performing contract Activities.

· The Contractor will be responsible for the cost and replacement of any damage as a result of performing contract activities.

· The Contractor will follow American National Standards (ANSI) for the applicable contract activities and as stated within this Schedule.

· The Contractor is directly and solely responsible for disposal of surplus and unsuitable material as stated within the currently published MDOT Standard Specifications for Construction, 205.03.P.2.

· The funding for this project will be in partial or entirely funded with Federal Funds, the listed Contract Activities must comply with the Davis-Bacon Act (Prevailing Wage). The Contractor (and its subcontractors) for construction contracts in excess of $2,000 must comply with the Davis-Bacon Act (40 USC 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

List all exception(s):

2. Wetland Planting Requirements

2.1 Description

This work consists of providing and planting all plant stock as described in the currently published Standard Specifications for Construction, section 815 with the following exceptions:

· Ensure all plant stock is containerized and planted into the ground at random spacing between 12 feet and 15 feet apart. Ensure the plants are puddled-in as they are planted.

· Ensure location of specific plant types and plant spacing in the wetland site is as indicated on the plan sheets and field reviewed by the MDOT Program Manager prior to any planting activities. Ensure plant material are not planted in rows but planted in a “shotgun” effect for a more natural appearance.

· Assigned contractor representative will be specialized in the installation of native wetland plant material.

2.2. Meetings

Contractor will participate in the following meetings at designated MDOT location or if applicable via teleconference. MDOT may request other meetings as needed.

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

· Progress meetings

2.3. Materials

2.3.1 The plant stock must meet the requirements specified in section 917 of the Standard Specifications for construction, except as noted in this schedule.

Within 10 days after award of the contract the Contractor must provide nursery sources for plant stock to the MDOT Program Manager.

2.4. Installation

The Contractor is responsible for layout of all plants within each planting zone. Ensure within each zone, the specified quantity of plants is randomly spread throughout the entire zone (12 feet to 15 feet apart) with plants extending to the designated zone boundary.

Plant wetland trees between October 1 and November 15. At the time of planting, it is expected that soil moisture will be at or near saturation within the planting zones designated on the plans. Plant in accordance with subsection 815.03.F of the MDOT Standard Specifications for Construction and in accordance with additional requirements within this schedule.

Take every precaution to minimize rutting and damage to the existing wetland restoration area. All damaged areas, as determined by the MDOT Program Manager, must be regraded, reseeded and remulched as specified.

2.4.1 Excavation. Ensure planting backfill is well pulverized topsoil excavated from the tree pits. If hand-held rotating augers or other mechanical diggers are used to excavate holes, the vertical sides of the pits must be scarified, fractured, or otherwise broken down to eliminate impervious surfaces. Ensure planting fertilizer is applied per the procedures specified in subsection 917.10.A.1 of the Standard Specifications for Construction. Ensure excavated soil is consolidated adjacent to the planting pits. Provide a thorough watering after planting and supplement settlement with additional soil.

Ensure installation of all plant material is in accordance with the standards set forth by the American Association of Nurserymen (AAN) and MDOT.

2.4.2 Tree Guards. Install tree guards on deciduous wetland trees.

2.4.3 Provisional Acceptance. Notify the MDOT Program Manager that planting is complete. Planting will be reviewed and a Notice of Provisional Acceptance, including a list of items that require completion or correction, will be subsequently issued.

2.4.4 Maintenance. Ensure watering and cultivating is performed as described in the standard specifications except where noted in this special provision.

A. Wetland Watering. Watering will be required at planting. Subsequent watering will only be required when ordered by the MDOT Program Manager. Water trees with 5 gallons per tree. Ensure water is applied with a hand-held bucket or small pump with garden hose in lieu of probe. Water from the adjacent wetland may be used.

B. Wetland Cultivating. Cultivating will only be required when ordered by the MDOT Program Manager. Hand pull all plants (weeds only) and roots that are growing onto or over the trees. Ensure weeds are removed from the site. Pull plants carefully to not disrupt trees.

2.5. Measurement and Provisional Payment (Acceptance and Inspection) Wetland trees will be paid for at the contracted unit price for each tree and will include site preparation, labor, material, equipment, layout, tree guard, and establishment period including all plant replacements as outlined on the Location Specification Sheet.

Wetland Watering will be paid for at the contracted price for each site visit and will include all labor, materials, and equipment for each wetland tree and will be required at planting and when ordered by the MDOT Program Manager.

Wetland Cultivating will be paid for at the contracted price for each site visit and the complete weeding of all wetland trees and will include all labor, materials, equipment, and weed disposal and will only be required when ordered by the MDOT Program Manager.

Provisional Acceptance Payment will be 80% of the total contract price, excluding costs for subsequent watering and cultivation as directed by the MDOT Program Manager, and this payment will be released at the time the Notice of Provisional Acceptance is issued, see Section 2.4 above. The remaining 20% of the contract price will be released at the time of Final Acceptance as described in the following section.

List all exception(s):

3. Period of Establishment (Final Acceptance Requirements) The period of establishment will begin at the completion of the initial planting and extend through the first full growing season.

A full growing season consists of the months of June, July, and August. The plants will be inspected after this period of establishment to determine what plants are unacceptable. A Notice of Final Acceptance will be issued after this inspection if the MDOT Program Manager concludes that all plants are acceptable, and the site is in the condition stipulated under subsection 104.07.D of the MDOT Standard Specifications for Construction.

The MDOT Program Manager will consider plants unacceptable if they are dead, missing, unhealthy, or otherwise unsatisfactory at the time of inspection, or not planted as required.

The Contractor will replace unacceptable plants prior to November 15 of the following fall planting season. Replant replacement plants in accordance with subsection 815.03.F of the MDOT Standard Specifications for Construction and in accordance with additional requirements within this schedule.

Before final acceptance will be made, the site must be in the condition stipulated under subsection 104.07.D of the MDOT Standard Specifications for Construction and all plant replacements completed. Replacement plants will not be subject to a subsequent establishment period and a Notice of Final Acceptance will be issued at the time replacement plants are installed.

Final payment (20% of the total contract price) will be released at the time the Notice of Final Acceptance is issued.

List all exception(s):

4. Staffing Requirements

4.1. Contractor Representative

Due to the nature of this work any personnel changes may delay the service requirements of this work the Contractor will assign a primary and secondary employee to perform the state contract activities.

Contractor employees will be specifically assigned to this Contract, be knowledgeable on the contractual requirements, have a technical background to perform the work and respond to inquiries.

The primary and secondary employee will have specialized experience in the installation of plant material AND be available during the following business hours: M-F, 8-5.

The Contractor will notify the MDOT Program Manager within 24 hours when a Contract Representative is replaced regardless of reason to include (illness, retirement, resignation or non-voluntary termination).

Contractor will provide a completed Personnel Resume Template for replaced Primary or Secondary personnel, for consideration and approval by the MDOT Program Manager.

At the discretion of MDOT, a letter of commitment from the assigned key and secondary personnel may be required, to include disclosing if working on another State of Michigan project. The Contractor personnel assigned to this contract will be:

1st - A Contractor Representative – optional

BIDDER TO PROVIDE –

Employee Name:

Employee Title:

Employee Office phone:

Employee Cell phone:

Employee email:

2nd - A (Primary) Key Personnel employee that will be performing contract activities BIDDER TO PROVIDE – Primary Key Personnel on Attachment A – Personnel Resume Template Employee Name:

Employee Title:

Employee Office phone:

Employee Cell phone:

Employee email:

3rd - A (Secondary/backup) Key Personnel that will be able to assist the Primary contact BIDDER TO PROVIDE – Secondary Personnel on Attachment A – Personnel Resume Template Employee Name:

Employee Title:

Employee Office phone:

Employee Cell phone:

Employee email:

5. Invoice and Payment Requirements

5.1. Invoice Requirements

All invoices submitted to the State must include: (a) date; (b) contract number; (c) delivery order; (d) quantity; (e) description of the Contract Activities; (f) unit price; (g) shipping cost (if any); and (h) total price. Invoices are to be emailed to the MDOT Program Manager, Jeremie Wilson, at: WilsonJ3@michigan.gov.

5.2. Payment Methods

The State will make payment for Contract Activities via Electronic Funds Transfer (EFT). As required by MCL 18.1283, the Contractor must electronically register with the State at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService to receive EFT payments.

5.3. Pricing Term. Pricing is firm for the entire length of the Contract.

List all exception(s):

6. 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 $1,000 and an additional $100 per day for each day Contractor fails to remedy the late or improper completion of the Work.

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 below.

· 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.

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

List all exception(s):

7. Bonds. Contractor must provide performance bonds for each individual Work Order that exceeds $50,000. Creation and acceptance of performance bonds will be subject to review and approval from the MDOT, Construction Section.

List all exception(s):

8. Additional Requirements

8.1. Environmental and Energy Efficiency Product Standards

The Contractor must provide products that meet the following environmental or energy efficiency standards. Contractor must describe how products that meet these requirements are identified or otherwise labelled.

8.2. 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 provided under any resulting contract.

8.3. 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.

8.4. 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. Contractor must describe how products that meet these requirements are identified or otherwise labelled.

List all exception(s):

Schedule A – statement of work contract activities

This STANDARD CONTRACT (“Contract”) is agreed to between the State of Michigan (the “State”) and [Insert Company Name] (“Contractor”), a [Insert State & Entity Status, e.g., a Michigan corporation or a Texas limited liability company]. This Contract is effective on September 1, 2021 (“Effective Date”), and unless terminated, expires on November 15, 2022.

This Contract may be renewed for up to one additional year. Renewal is at the sole discretion of the State and will automatically extend the Term of this Contract. The State will document its exercise of renewal options via Contract Change Notice.

The parties agree as follows:

1. Duties of Contractor. Contractor must perform the services and provide the deliverables described in Schedule A – Statement of Work (the “Contract Activities”). An obligation to provide delivery of any commodity is considered a service and is a Contract Activity.

Co…