Bid No. 54-TJK-03-PR38329 1 Sampson County Janitorial/Grounds

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR PROPOSAL

DATE AND TIME OF BID OPENING: AUGUST 26, 2026 AT 2:00 P.M.

BID QUESTIONS: AUGUST 12, 2026 AT 5:00 P.M.

BID PROPOSAL NO.: 54-TJK-03-PR38329

WBS ELEMENT NO.: 3RE.108218

COUNTY: SAMPSON – DIVISION 3

LOCATION: US 421, TEN (10) MILES SOUTH OF CLINTON

TYPE OF WORK: CUSTODIAL OPERATIONS AND MAINTENANCE OF REST

AREA INCLUDING LAWN AND GROUNDS MAINTENANCE

DATE OF AVAILABILITY: NOVEMBER 1, 2026

COMPLETION DATE: OCTOBER 31, 2027

SMALL BUSINESS CERTIFICATION MANDATORY

Bid No. 54-TJK-03-PR38329 2 Sampson County Janitorial/Grounds

PROPOSAL

FOR THE CONSTRUCTION OF

BID NO. 54-TJK-03-PR38329 IN SAMPSON COUNTY – DIVISION 3, NORTH CAROLINA

AUGUST 5, 2026

DEPARTMENT OF TRANSPORTATION,

RALEIGH, NORTH CAROLINA

The Bidder has carefully examined the location of the proposed work to be known as BID NO 54-TJK-03-PR38329;

has carefully examined the plans and specifications, which are acknowledged to be part of the proposal, the special provisions, the proposal, the form of contract; and thoroughly understands the stipulations, requirements and provisions. The undersigned bidder agrees to bound upon his execution of the bid and subsequent award to him by the Department of Transportation in accordance with this proposal. The undersigned Bidder further agrees to provide all necessary machinery, tools, labor, and other means of construction; and to do all the work and to furnish all materials, except as otherwise noted, necessary to perform and complete the said contract in accordance with the

2024 Standard Specifications for Roads and Structures by the dates(s) specified in the Project Special Provisions and in accordance with the requirements of the Engineer, and at the unit or lump sum prices, as the case may be, for the various items given on the sheets contained herein.

The Bidder shall provide and furnish all the materials, machinery, implements, appliances and tools, and perform the work and required labor to construct and complete State Highway BID NO. 54-TJK-03-PR38329, for the unit or lump sum prices, as the case may be, bid by the Bidder in his bid and according to the proposal, plans, and specifications prepared by said Department, which proposal, plans, and specifications show the details covering this project, and hereby become a part of this contract.

The published volume entitled North Carolina Department of Transportation, Raleigh, Standard Specifications for

Roads and Structures, January 2024 with all amendments and supplements thereto, is by reference incorporated into and made a part of this contract; that, except as herein modified, all the construction and work included in this contract is to be done in accordance with the specifications contained in said volume, and amendments and supplements thereto, under the direction of the Engineer.

If the proposal is accepted and the award is made, the contract is valid only when signed either by the Contract Officer or such other person as may be designated by the Secretary to sign for the Department of Transportation. The conditions and provisions herein cannot be changed except over the signature of the said Contract Officer or Division

Engineer.

The quantities shown in the itemized proposal for the project are considered to be approximate only and are given as the basis for comparison of bids. The Department of Transportation may increase or decrease the quantity of any item or portion of the work as may be deemed necessary or expedient.

An increase or decrease in the quantity of an item will not be regarded as sufficient ground for an increase or decrease in the unit prices, nor in the time allowed for the completion of the work, except as provided for the contract.

Bid No. 54-TJK-03-PR38329 3 Sampson County Janitorial/Grounds

TABLE OF CONTENTS

PROJECT SPECIAL PROVISIONS PAGE NO.

Project 5

Scope of Contract 5

Mandatory Pre-Bid 5

Bid Questions 5

Small Business Enterprise (SBE) Contract 6

Prequalification 6

Contract Time and Completion Date 6

Alternate Bid Item for Reduced Staffing during Budget Restrictions 7

Performance Guarantee 7

Authority of the Engineer 7

Award of Contract 8

Insurance 8

Subletting of Contract 10

Performance of Work 10

Temporary Suspension of Work 10

Site Investigation and Representation 10

Contract Cancellation Policies 11

Legal Relations and Responsibility to Public 12

Custodial Operations and Maintenance of Rest Area 12

Project Pre-Work Conference 13

Personnel Requirements 14

Supervisor 16

General Requirements 18

Safety and Accident Protection 18

Mandatory Wage Rate 19

Materials, Supplies and Equipment 19

Repairs 21

Uniforms 22

Cleaning Schedule 26

Routine Repairs 28

Emergency Janitorial Supply and Repair Parts List 29

Use of Rest Areas 30

Water System Maintenance 32

Maintenance of Grounds 33

Trash/Recycling Collection/Disposal 35

Lawns 35

Edging/Trimming/Mowing 36

Plantings 37

Pesticide Usage 37

Clean Up 37

Plant and Pest Quarantines 38

Cooperation Between Contractors 39

Damages 39

Department Responsibilities 40

Performance of Work 40

Bid No. 54-TJK-03-PR38329 4 Sampson County Janitorial/Grounds

PROJECT SPECIAL PROVISIONS (cont’d.) PAGE NO.

Standard Compensation Reductions for Rest Area Personnel, Supplies and Procedures for each Rest Area Site

Daily Compensation Reductions for each Rest Area Site 44

Notification of Rest Area Contract Non-Compliance 45

Compensation 46

Basis of Payment 46

Non-Scheduled Work 47

Laws 47

Title VI and Nondiscrimination 50

PROJECT SPECIAL PROVISION FORMS PAGE NO.

Supervisor’s Weekly Work Log 58

Supervisor’s On-The-Job Training Record 59

Employee Monthly Work Log, Custodians and Supervisor 60

Employee Sign In / Sign Out Log 61

Rest Area Illegal Activity Log 62

Rest Area Water Reading Monthly Report 63

Rest Area Lighting Inspection Sheet 64

Rest Area Recycling Program Monthly Report 65 Rest Area Contract Maintenance Janitorial Supplies (Sample) 66

Rest Area Contract Maintenance Janitorial Supplies (Blank) 67

DBE-IS Form 68

Contractor National Criminal Background Check Certification 69

INSTRUCTIONS TO BIDDERS PAGE NO.

Bid Proposals 70

Preparation and Submission of Traditional Paper Bids 70

Opening of Bids 71

BID SUBMITTAL PACKAGE PAGE NO.

Cover Sheet 1

Contract Bid Form 2

Contractor’s Contact Information 3

Contractor’s Operations Plan 4

Listing of MB & WB Subcontractors 5

Contractor's Work Experience and References 6

Mandatory Minimum Wage Rate Requirement 8

Execution of Bid 9

Bid Submittal Package Checklist 17

Bid No. 54-TJK-03-PR38329 5 Sampson County Janitorial/Grounds

PROJECT SPECIAL PROVISIONS

PROJECT

Sampson County Rest Area (single) on US 421, Ten (10) Miles South of Clinton.

SCOPE OF CONTRACT

The North Carolina Department of Transportation (hereinafter referred to as “Department”) is seeking the services of a janitorial/grounds maintenance company to provide custodial operations and maintenance of rest area consisting of but not limited to an efficient janitorial and grounds service including labor, supervision, equipment and supplies as specified herein. The intent of these specifications and requirements is to state and define the terms and conditions under which the Contractor shall provide the management, supervision, and manpower capable of performing work at the highest standards of janitorial excellence necessary to provide these services in a professional and workmanlike manner. This document is intended as a benchmark of the Department’s minimum standards for rest area janitorial maintenance.

The Department places significant value on the safety and treatment of travelers who visit rest areas. All travelers are to be treated as customers and the Contractor shall emphasize safety and customer service at all times. The provisions of the services required as part of this solicitation ultimately reflect upon the Department and the State of

North Carolina as a whole. This proposal, as written, is to be binding by the State and the Contractor.

MANDATORY PRE-BID

Please be advised that any references in the RFP to pre-bid language will not apply as a pre-bid will not be held for this contract. If bidders have questions, they will be addressed in an addendum. The Bidder is encouraged to make his/her own observations of the site to determine the items identified in this contract as the Contractor's responsibility.

INTERESTED PARTIES LIST NOT REQUIRED:

(6-21-22)(Rev. 2-20-24) 102 SP1 G02

Revise the Standard Specifications as follows:

The Interested Parties List sign up process is not applicable to this contract.

Page 1-13, Article 102-3 PROPOSALS AND INTERESTED PARTIES LIST, lines 12-15, delete the first paragraph.

Page 1-14, Article 102-8 PREPARATION AND SUBMISSION OF BIDS, lines 43-44, delete the first sentence of the first paragraph.

BID QUESTIONS

Purpose: Upon review of the bid documents, bidders may have questions to clarify or interpret the bid in order to submit the best bid possible. To accommodate the Bid Questions process, bidders shall submit by email any such questions no later than August 5, 2026 at 5:00 PM. A response to bidder questions will be in the form of an addendum.

Instructions: Written questions shall be emailed to Teddy Kapera tjkapera@ncdot.gov by the date and time specified above. Bidders will enter “54-TJK-03-PR38329 – Questions” as the subject for the email. Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be documented and included in an addendum to be posted on Connect NCDOT:

https://connect.ncdot.gov/letting/Pages/Roadside-Environmental.aspx and on the electronic Vendor Portal

(eVP), https://evp.nc.gov. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Bidders shall be entitled to rely only on written material contained in an Addendum to this mailto:tjkapera@ncdot.gov https://connect.ncdot.gov/letting/Pages/Roadside-Environmental.aspx https://evp.nc.gov/

Bid No. 54-TJK-03-PR38329 6 Sampson County Janitorial/Grounds

RFP.

The Contractor must sign the addendum signature page(s) where indicated and the entire addendum should be returned with the bid package. Please return the entire addendum, but failure to return the executed signature page(s) of the addendum may result in disqualification of bid.

SMALL BUSINESS ENTERPRISE (SBE) CONTRACT

The Department of Transportation does not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by this program on the basis of race, color, sex, political affiliation/influence, or national origin.

This is a SBE contract and to qualify for the NCDOT SBE Program a firm must have an annual gross income of

$1,500,000 or less, exclusive of materials. Only contractors currently certified as a SBE Contractor by the

NCDOT Office of Civil Rights SBE Program Manager and listed in the Directory of Transportation Firms at bid opening will be eligible to bid on this project.

Prospective bidders who qualify for the SBE Program and are not currently certified should submit a completed application packet to the SBE Program Manager prior to bid submittal to allow for review time.

Additional information on the program, including the application to become certified, may be obtained online at:

https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx

Bidders must renew their SBE status and recertify each year. It is the bidder’s responsibility to ensure that their existing SBE status does not lapse prior to bid opening. Advance notification of pending renewal dates is not guaranteed.

Per G.S. 136-28.10, a NC General Contractor’s license may be waived for SBE contracts. For this project, the NC

General Contractor’s license will be waived. Per G.S. 136-28.10, contract payment and performance bonds may be waived. For this project, the contract payment and performance bonds will be waived. However, a performance guarantee will be required.

SMALL BUSINESS ENTERPRISE (MULTI-YEAR MAINTENANCE CONTRACTS):

(4-20-21)(Rev. 4-19-22) SP1 G72

This contract is a multi-year contract let pursuant to the Small Business Enterprise provisions of N.C. General Statute

§136-28.10. In accordance with N.C. General Statute §136-28.10, an award in a contract may be for an amount less but shall not exceed $1,000,000 per year. No payments in excess of this amount will be disbursed, in accordance with the Statute.

PREQUALIFICATION

The Department encourages and promotes the growth, development, and continuation of competent Contractors that can perform the work necessary under this contract. The Department’s procurement process is built on the principle of competition. The Department believes that the specifications and requirements under this contract are reasonable to satisfy the need for services requested, but are not unduly restrictive, in order to encourage competition in the open market. In furtherance of these principles, bidders are not required to be prequalified for this contract. All references to “prequalification” of bidders are hereby waived for this contract.

CONTRACT TIME AND COMPLETION DATE

The date of availability for this contract will be November 1, 2026. The completion date for this contract is one (1) year from date of availability. This project is to be awarded, if the award is to be made in the discretion of the

Department, within thirty (30) days after the opening of bids.

Extension of Contract: At the sole option and discretion of the contracting agency, North Carolina Department of

Transportation (NCDOT), and upon written notification, this contract may be extended for two (2) additional https://connect.ncdot.gov/business/SmallBusiness/Pages/default.aspx

Bid No. 54-TJK-03-PR38329 7 Sampson County Janitorial/Grounds periods, one (1) year each, unless a shorter time is mutually agreed upon by the parties, (maximum of three years total), to include leap year when applicable. Extensions for additional term(s) are not guaranteed. Upon receipt of notification, the Contractor will be given fifteen (15) days to reply as to acceptance or rejection of an extension. If a reply is not received from the Contractor within fifteen (15) days, NCDOT reserves the right not to extend. The lump sum bid price will be increased for each one-year extension by two (2) percent of the current price. No changes in the terms, conditions, etc. of this contract will be made when an extension to the contract is implemented. The Contractor will be notified ninety (90) days before expiration of the contract if NCDOT chooses not to offer an extension.

In accordance with G.S. 136-28.10 (Highway Fund and Highway Trust Fund Small Project Bidding) the maximum contract limit for Small Business Enterprise (SBE) projects is $500,000 per year.

NOTE: In order to extend the contract, proof of insurance coverage must be received by the Department’s

Purchasing Office, thirty (30) days prior to the expiration of the current contract.

ALTERNATE BID ITEM FOR REDUCED STAFFING DURING BUDGET RESTRICTIONS

In the event that budget restrictions are in effect at any time during the course of this contract, reduced staffing will go into effect. Therefore, an alternate bid item for Reduced Staffing during Budget Restrictions is included in this proposal and will be utilized during the restricted time as determined by the Engineer.

All applicable provisions included in this proposal shall be considered a part of this alternate bid item.

Bidders submitting only the lump sum bid price for Provide Custodial Operation and Maintenance and not the alternate monthly bid price for Provide Custodial Operation and Maintenance with Reduced Staffing during Budget

Restrictions will be considered irregular and will result in rejection of bid.

Conversely, bidders submitting only the alternate monthly bid price for Provide Custodial Operation and

Maintenance with Reduced Staffing during Budget Restrictions and not the lump sum bid price for Provide

Custodial Operation and Maintenance be considered irregular and will result in rejection of bid.

Both bid items must be submitted, or the bid will be considered irregular and will result in rejection of bid.

For the sole purpose of determining the lowest cost, the Bidder’s lump sum bid price for Provide Custodial

Operation and Maintenance will be used in the evaluation of the bid proposal. The alternate bid item for Provide

Custodial Operation and Maintenance with Reduced Staffing during Budget Restrictions must be a responsible bid as well, or the Department reserves the right to negotiate the price prior to the budget restrictions taking effect.

PERFORMANCE GUARANTEE

For this project, the contract payment bond will be waived. In lieu of a contract performance bond, a performance guarantee will be required.

For the first year of this contract, the Contractor agrees to a Performance Guarantee consisting of five (5) per cent less than the amount of the monthly compensation. This is the amount of monthly compensation before any non-compliance or performance deductions. The Performance Guarantee will not be deducted for extensions and will be refunded without interest, pending the project site review, by the Contracting Agency at the end of the initial contract unless an extension has been effected in which case the Performance Guarantee will be refunded at the completion of the final contract extension. In cases of default, the Performance Guarantee will not be refunded to the Contractor.

AUTHORITY OF THE ENGINEER

The Engineer for this project shall be the Division Engineer, Division Three, Division of Highways, North Carolina

Department of Transportation, acting directly or through his duly authorized representatives. The Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as

Bid No. 54-TJK-03-PR38329 8 Sampson County Janitorial/Grounds to the rate of progress of the work; all questions which may arise as to the interpretation of the contract; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. His decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly.

The published volume entitled North Carolina Department of Transportation, Raleigh, Standard

Specifications for Roads and Structures with all amendments and supplements thereto, is by reference incorporated into and made a part of this contract. Unless otherwise modified, all the work included in this contract is to be done in accordance with the specifications contained in said volume, and amendments and supplements thereto, under the direction of the Engineer.

AWARD OF CONTRACT

"The North Carolina Department of Transportation, in accordance with the provisions of Title VI of the Civil

Rights Act of 1964 (78 Statue. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin".

All eligible proposals will be evaluated and acceptance made of the bid judged in the discretion of the contracting agency to determine the lowest responsible bidder for the purpose intended. The Contracting Agency using its discretion, will determine whether a bidder is a “responsible” bidder. In determining whether a bidder is

“responsible, the Contracting Agency will evaluate, the bid price, completeness and content of the bid, Bidder’s experience, ability of the Bidder and staff to perform the services required, Bidder’s past performance, references, operations plan including completed personnel and materials outlines, and Bidder’s financial stability. After opening bids and prior to award, the Contracting Agency may also seek additional information from any or all bidders regarding the bidder’s proposal, qualifications, experience, and ability to perform the required work prior to determining whether a bidder is a “responsible” bidder. No changes in bid price or price negotiations will be allowed after bids are opened and prior to an award. After the Contracting Agencies evaluation, the award of the contract, if awarded, will be made to the lowest responsible bidder. The lowest responsible bidder will be notified that his bid has been accepted and that he has been awarded the contract. If a Bidder is awarded a contract, he/she will be expected to perform the work. Failure to perform may result in the Bidder being held in default of contract.

In the event of default, the Department may, in its discretion, contact the next lowest responsible bidder to determine whether that next lowest responsible bidder is willing and able to complete the contract at its bid price.

Unless otherwise allowed by the Engineer, any formal protest to any proposed bid shall be made in writing (email is acceptable) to the Engineer for the project within five (5) days of bid opening and shall clearly indicate that it is a

“bid protest.” The protest must list each item that the protester believes is grounds for rendering a bid defective.

The Engineer will evaluate the protest and determine, in his/her discretion, whether any further action should be taken. Further action may consist of, but not limited to, seeking additional information and/or clarification from any and all bidders regarding the alleged complaint/protest, rejecting any or all bids, finding any or all bids irregular, finding any or all bidders “not responsible”, holding a possible informal meeting to discuss the protest, or other actions in the discretion of the Engineer. After further evaluation the Engineer will notify the protesting party what further action, if any, will be taken with regard to the protest. All awards are final and are not subject to further review.

INSURANCE

The Contractor shall be liable for any losses resulting from a breach of the terms of this contract. The Contractor shall be liable for any losses due to the negligence or willful misconduct of its agents, assigns and employees including any sub-contractors which causes damage to others for which the Department is found liable under the Torts Claims

Act, or in the General Courts of Justice, provided the Department provides prompt notice to the Contractor and that the Contractor has an opportunity to defend against such claims. The Contractor shall not be responsible for punitive damages.

Bid No. 54-TJK-03-PR38329 9 Sampson County Janitorial/Grounds

The Contractor shall at its sole cost and expense obtain and furnish to the Department an original standard Association for Cooperative Operations Research and Development (ACORD) certificate of liability insurance evidencing commercial general liability with a limit for bodily injury and property damage in the amount of $5,000,000 per occurrence and $5,000,000 general aggregate, covering the Contractor from claims or damages for bodily injury, personal injury, or for property damages that may arise from operating under the contract by the employees and agents of the Contractor. The required limit of insurance may be obtained by a single general liability policy or the combination of a general liability and excess liability or umbrella policy. The State of North Carolina shall be named as an additional insured on this commercial general liability policy. The policy may contain the following language as relates to the State as an additional insured: “This insurance with respect to the additional insured applies only to the extent that the additional insured is held liable for your or your agent’s acts or omissions arising out of and in the course of operations performed for the additional insured.”

The Contractor shall maintain all legally required insurance coverage, including without limitation, worker’s compensation and vehicle liability, in the amounts required by law. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina.

The Contractor shall at all times comply with the terms of such insurance policies.

Upon execution of the contract, provide evidence of the above insurance requirements to the Engineer. Insurance coverage shall be maintained during the life of this contract and shall extend to operations performed by the contractor or his subcontractors, and by anyone employed directly or indirectly by either of them.

The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all of his employees employed at the site(s) of the project, in the amounts required by law. In case any work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation Insurance for all the latter's employees employed at the site(s) of the project, unless such employees are covered by the protection afforded by the Contractor.

Pursuant to N.C.G.S. § 97-19, all contractors of the Department of Transportation are required, prior to beginning services, to show proof of coverage issued by a workers’ compensation insurance carrier, or a certificate of compliance issued by the Department of Insurance for self-insured subcontractors stating that it has complied with

N.C.G.S. § 97-93.

The contractor shall defend, indemnify and hold harmless the North Carolina Department of Transportation, its officers and employees from any claim, demand, suit, liability, judgment and expense (including attorney’s fees and other costs of litigation) arising out of or relating to injury, disease, or death of persons or damage to or loss of property resulting from or in connection with the negligent performance of this contract by the contractor, its agents, employees, and subcontractors or any one for whom the contractor may be responsible. The obligations, indemnities and liabilities assumed by the contractor under this paragraph shall not extend to any liability caused by the negligence of the Department of Transportation or its employees. The contractor’s liability shall not be limited by any provisions or limits of insurance set forth in this contract.

The Contractor shall take out and maintain during the life of this contract such Public Liability and Property

Damage Insurance as shall protect him and Subcontractors performing work covered by this contract from claims for damage or property damages which may arise from operations under this contract. This insurance shall protect the Contractor whether such operations are done by himself or by any Subcontractor, or by anyone directly or indirectly employed by either of them.

The Contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the contract.

Proof of insurance from the Insurance Company as described above, for the period of the contract, shall be furnished to the Engineer prior to beginning of service. In addition to proof of insurance, the Contractor's policy

Bid No. 54-TJK-03-PR38329 10 Sampson County Janitorial/Grounds shall include provisions whereby the Insurance Company will notify NCDOT thirty (30) days prior to the policy being cancelled.

SUBLETTING OF CONTRACT

All work as outlined under this contract shall be performed by employees of the Contractor or by an approved

Subcontractor. Any requests for subcontracting must be submitted in writing to the Engineer a minimum of thirty

(30) days prior to the proposed implementation of the subcontract. Subcontracting of required personnel staffing

(including supervisor) will not be permitted in this contract. The approval of any subcontract will not release the

Contractor of liability under the contract, nor will the subcontractor or the second tier subcontractor have any claim against NCDOT by reason of the approval of the subcontract.

Failure of the Contractor to comply with any of the provisions of this article may be justification for disqualifying the Contractor from further bidding. Subletting of this contract or any portion of the contract shall conform to the requirements of Article of 108-6 of the Standard Specifications.

PERFORMANCE OF WORK

The Contractor's attention is directed to the need for the timely performance of services provided for under this contract. The aesthetic appearance of the site and its reflection on the North Carolina Department of Transportation as well as the safety and convenience of the public is the essence of the service.

TEMPORARY SUSPENSION OF THE WORK

The Engineer or his representative will observe operations and may suspend work for unsafe activities or conditions. Work will not resume until the unsafe condition has been eliminated or corrected.

Failure to comply with any of the requirements for safety and traffic control of this contract shall result in suspension of work as provided in Article 108-7 of the Standard Specifications.

SITE INVESTIGATION AND REPRESENTATION

By signing the proposal documents, the Contractor acknowledges that:

(A) He understands the nature of the work and general and local conditions, particularly those bearing on transportation;

(B) He is familiar with the availability and cost of labor and materials;

(C) He will to adhere to State regulations for safety and security of property, roads, and facilities;

(D) He is able to prosecute the work in accordance with all applicable local, state and federal rules and regulations, and;

(E) He has thoroughly investigated the project site(s).

Any failure on the part of the Contractor to acquaint himself with all available information shall not relieve him from the responsibility of any aspect of the contracting process. No adjustment in contract time or contract prices will be made due to the Contractor’s negligence to familiarize himself with the contract or project site(s).

Bid No. 54-TJK-03-PR38329 11 Sampson County Janitorial/Grounds

CONTRACT CANCELLATION POLICIES

The Department of Transportation shall have the right to declare default of contract for breach by the Contractor of any material term or condition of the contract. Default of contract shall be in accordance with the terms, conditions, and procedures of Article 108-9 of the Standard Specifications.

CANCELLATION BY DEPARTMENT (DEFAULT)

The general reputation and performance of the Contractor is a reflection on the Department of Transportation. This contract may be cancelled at any time by reason of unsatisfactory performance or other default of the Contractor upon five (5) day’s prior written notice by the Department. In addition, this contract may be cancelled immediately by written notification upon receipt of substantiated notification and verification that the Contractor has failed to properly pay in a timely or reasonable manner employees, suppliers, or businesses used in the completion of the contractual requirements contained in this proposal, or if the Contractor is found to be issuing checks not covered by sufficient funds. In such instances, the Department may request that the successful bidder be debarred from doing business with the Department, the state, and /or any of its subdivisions. Formal complaints may be filed with the NC Department of Labor, the Secretary of State, and the Attorney General’s Office.

CONTRACTOR DEFAULT

When a Contractor defaults on an existing Custodial Operations and Maintenance and/or Professional Lawn and

Grounds Maintenance Rest Area Contract, the Contractor will not be considered for award of future contracts or extensions of current contracts, until the defaulted Contractor can demonstrate as indicated below that he/she is capable of meeting the requirements outlined in the new Custodial Operations and Maintenance and/or Professional

Lawn and Grounds Maintenance Rest Area Proposal.

After a period of one (1) year from the date of default notification, a defaulted Contractor is eligible to present to the Department documentation that he/she is indeed capable of meeting the requirements outlined in the new

Custodial Operations and Maintenance and/or Professional Lawn and Grounds Maintenance Rest Area Proposal.

Documentation shall consist of:

1) Affidavits from a minimum of three (3) contracting firms that the Contractor has provided satisfactory performance of comparable custodial and/or grounds services within the past year;

2) Affidavits from a minimum of three (3) suppliers that the Contractor has paid said suppliers in a timely manner as set forth by the suppliers within the past year; and

3) Audited financial statements from the past year verifying that the Contractor is in good financial standing.

AVAILABILITY OF FUNDS – TERMINATION OF CONTRACTS

(5-20-08)(Rev. 1-16-24) Z-2

General Statute 143C-6-11. (h) Highway Appropriation is hereby incorporated verbatim in this contract as follows:

(h) Amounts Encumbered. – Transportation project appropriations may be encumbered in the amount of allotments made to the Department of Transportation by the Director for the estimated payments for transportation project contract work to be performed in the appropriation fiscal year. The allotments shall be multiyear allotments and shall be based on estimated revenues and shall be subject to the maximum contract authority contained in General

Statute 143C-6-11(c). Payment for transportation project work performed pursuant to contract in any fiscal year other than the current fiscal year is subject to appropriations by the General Assembly. Transportation project contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the Department of Transportation provided funds are available. The State reserves the right to terminate or suspend any transportation project contract, and any transportation project contract shall be so terminated or suspended if funds will not be available for payment of the work to be performed during that fiscal year pursuant to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications.

Bid No. 54-TJK-03-PR38329 12 Sampson County Janitorial/Grounds

Payment will be made on any contract terminated pursuant to the special provision in accordance with Subarticle

108-13(D) of the Standard Specifications.

CANCELLATION DUE TO DISCONTINUATION OF SERVICE

In the event that the Department feels that it is in the State’s best interest to temporarily discontinue use of the rest area facilities to serve the public, due to damages done to the facility or roadway by acts of God, vandalism, or major renovation work deemed necessary by the Department, the Department will give the Contractor thirty (30) days written notice of cancellation of the contract.

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

LAWS TO BE OBSERVED

In accordance with 107-1 of the Standard Specifications. The Contractor shall keep himself fully informed of all

Federal and State laws, all local laws, ordinances, and regulations, and all orders and decreed of bodies or tribunals having any jurisdiction or authority which may in any manner affect those engaged or employed in the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall indemnify and hold harmless the Board of Transportation and the Department of Transportation and their agents and employees from any claim or liability arising from or based on the violation of any such law, ordinance, regulations, order, or decree, by the Contractor or by his agents and employees.

RESPONSIBILITY FOR DAMAGE CLAIMS

In accordance with 107-14 of the Standard Specifications. The Contractor shall indemnify and save harmless the

Board of Transportation and its members and the Department of Transportation and its officers, agents, and employees from all suits, actions, or claims of any character brought for any injury or damages received or sustained by any person, persons, or property by reason of any act of the Contractor, Subcontractor, its agents or employees, in the performance of the contract.

SAFETY AND ACCIDENT PROTECTION

In accordance with 107-21 of the Standard Specifications. The Contractor shall comply with all applicable Federal, State, and local laws, ordinances, and regulations governing safety, health, and sanitation, and shall provide all safeguards, safety devices, and protective equipment, and shall take any other needed actions, on his own responsibility that are reasonably necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connection with the performance of the work covered by the contract.

WAGES AND CONDITIONS OF EMPLOYMENT

In accordance with 107-22 of the Standard Specifications. The Contractor’s attention is directed to the provisions and requirements of any and all public statutes which regulate hours or conditions of employment on public work.

Such provisions and requirements that are appropriate, in accordance with the intent of the particular law, act, or statute, will be applicable to all work performed by the Contractor with his own organization and with the assistance of workmen under his immediate superintendence, and to all work performed by subcontract. It will be the responsibility of the Contractor to ascertain the appropriate application of such provisions and requirements to the work.

CUSTODIAL OPERATIONS AND MAINTENANCE OF REST AREA

Description: The Contractor is to perform custodial operations and maintenance, including lawn and grounds maintenance, as specified herein to insure the facilities below are maintained in a safe, attractive, clean, sanitary and operable manner at all times. This contract includes rest area service building, inside & out; utility/storage building(s); vending machine building; outside lighting (does not include maintenance of 15’ and 30’ pole lights);

picnic facilities; and the water distribution system and sewer system.

Bid No. 54-TJK-03-PR38329 13 Sampson County Janitorial/Grounds

NAME AND LOCATION OF FACILITIES

NC Department of Transportation Rest Area (single) on US 421 in Sampson County, located Ten (10) Miles South of Clinton.

VISITATION AND WATER USAGE

The most current estimated yearly visitation number will be considered 52,924 people for the one-year period of

July 2024 through June 2025. The contract term is for one year. Bidders are to provide a lump sum for a one-year period.

Rest Area Estimated Average

Water (gal) per Person

Estimated People per Year

Sampson, US 421 2.51 52,924

TERMS AND DEFINITIONS

1. Safe: A condition free of hazards and not having a potential for personal injury or harm.

2. Clean: Free of impurities or foreign matter not normally a part of the original component and, if necessary, eliminating objectionable odors.

3. Sanitary: Promoting healthful conditions by the elimination of dirt, agents of disease or infection through ventilation, cleansing with sanitizers, disinfectants, or disposal of wastes.

4. Operable: Capable of being used as originally intended, including, but not limited to, properly flushing and draining commodes, urinals and sinks.

5. Scrub: The use of brushes, stiff bristle type, or other cleaning tools to accomplish the cleaning of various surfaces. Soap and clean water or other approved cleaning materials can be used with the proper cleaning tools.

6. Wash: To cleanse using water or other liquid, usually with soap or some type of detergent by immersing, dipping, rubbing or scrubbing.

7. Engineer: The Division Engineer of the Highway Division in which the project is located, acting directly or through his duly authorized representative.

PROJECT PRE-WORK CONFERENCE

PROJECT DOCUMENT REVIEW

General: Following the award of a contract and prior to beginning work, the Engineer will schedule a project Pre-

Work Conference with the Contractor. At this time, the Engineer will review for approval the Contractor's work plan, national criminal background checks, staffing, materials list, equipment, etc. to insure compliance with contract.

The Contractor shall furnish the information as listed below for the project Pre-Work Conference.

a. Supervisor's name, address, telephone and mobile number. A resume may be required.

b. Breakdown on staffing by name, shifts, male, female, hours, etc. The Contractor National Criminal

Background Check Certification form and national criminal background record information shall be submitted for all potential employees, including all Contractor officers, owners, partners and/or managers and all personnel who will represent the contracting company.

If a criminal background identifies a possible criminal offense, the criminal background shall include the name of the offense, date of offense, and disposition of the offense. If requested by NCDOT, and

Bid No. 54-TJK-03-PR38329 14 Sampson County Janitorial/Grounds at the Contractor’s expense, the Contractor shall also provide any additional information regarding the criminal background of any potential employee.

Note: In some situations, a National Criminal Background Check may not include all the necessary information for offenses that occurred in the State of North Carolina. For a list of companies that can provide criminal background checks for offenses in the State of North Carolina please visit the N.C.

Administrative Office of Courts website:

http://www.nccourts.org/Citizens/GoToCourt/Obtainongoing.asp

c. Completed Rest Area Contract Maintenance Janitorial Supplies list for review and approval. Labels and

SDS shall be submitted for each product.

d. Copy of Uniform Rental and Cleaning Contract from uniform rental company, indicating the number of employees receiving uniforms and the number of uniforms for each employee.

e. Copy of Waste Disposal Service Contract from waste disposal service company, for trash and for recycling, indicating the number and size of the dumpsters being serviced and the number of days per week scheduled for pick up.

f. List and contact information of all suppliers to be used in the completion of the contractual requirements contained in this proposal and the materials, equipment, supplies, repair parts, etc. being provided by each.

g. Written payroll schedule for the contract, outlining the terms and conditions.

PRE-WORK AND POST-WORK PROJECT SITE REVIEW

General: The Contractor and NCDOT Personnel shall conduct a pre-work and post-work thorough review/inspection of the project site facilities, grounds, etc., as follows:

Pre-Work Review: Prior to Contractor beginning any work, a listing is to be made by DOT of all items in need of repairs, areas which need painting, damaged/missing items, etc., and general statement as to overall appearance of rest area buildings and facilities.

Post-Work Review: On or just prior to the completion date of this contract or in the event of default of contract or termination of contract, a follow-up inspection of the rest area is to be made by the Contractor and NCDOT personnel to make a comparison of the facilities as to its conditions when the Contractor began work. A listing is to be made by DOT of items to be repaired, damaged/missing items, etc., and general statement as to overall appearance of rest area buildings and facilities.

The overall rest area general appearance and maintenance is to be same at completion of contract as when contract began. The Contractor will be required to repair, replace missing/damaged items, tools, etc., as determined by the inspections above. Repairs, replacement items, etc., not made by the Contractor will be made by NCDOT and cost withheld/deducted from final payment.

PERSONNEL REQUIREMENTS

A. General: During performance of the contract, the Contractor shall provide qualified and trained personnel capable to manage, operate, clean, maintain and repair the rest area(s) and to satisfy all the requirements of this contract. The Contractor is to make his own review of the contract requirements for work included herein and in conjunction with actual job site conditions. The required staffing shall not be less than specified; however, the Contractor is responsible for all work included herein. The first priority of on-duty personnel shall be to maintain restroom facilities in accordance with the requirements herein; however, other areas of responsibilities must comply with related requirements. While on duty, Contractor’s personnel shall work consistently on the prescribed cleaning and maintenance schedules as described herein.

The Contractor's personnel are to be polite and assist the traveling public with information and aid in such a manner as to reflect favorably on the State and Contractor providing the service. The Contractor shall be http://www.nccourts.org/Citizens/GoToCourt/Obtainongoing.asp

Bid No. 54-TJK-03-PR38329 15 Sampson County Janitorial/Grounds responsible for the behavior of its employees in relation to the public and shall take all necessary and appropriate steps to ensure its employees behave in accordance with the provisions of the contract. The

Department reserves the right to require the Contractor to replace any employee who displays unacceptable personal conduct, displays unsatisfactory job performance or is a potential threat to the safety of the traveling public. Unacceptable personal conduct includes, but is not limited to, conduct which constitutes a violation of state or federal law or conduct which is inconsistent with the job requirements of this contract.

All rest area staff shall be a minimum of eighteen (18) years of age.

The Department places significant value on the safety of the traveling public. The Contractor is required to perform nationwide criminal background checks on all potential employees, including all Contracting officers, owners, partners, and/or managers and all personnel who will be representing the contracting company using a service that provides national background checks. All costs associated with the background checks shall be at the

Contractor’s expense. Employees with a disqualifying criminal background are prohibited from working at rest areas maintained by NCDOT.

An individual is prohibited from working at rest areas maintained by NCDOT due to a disqualifying criminal background if:

(a) The individual has previously been found guilty of having the status of an habitual felon, N.C.G.S.

14-7.1,

(b) The individual has a history of convictions for felony or misdemeanor assaultive behavior or felony or misdemeanor convictions for weapons charges,

(c) The individual has outstanding arrest warrants that he/she has become aware of, or pending criminal court cases and has not notified the Contractor within 24 hours of awareness,

(d) The individual has a pending habitual impaired driving offense, N.C.G.S. 20-138.5,

(e) The individual has a prior sex offender conviction,

(f) The individual has conviction(s) that once submitted to the Department by the Contractor for review after the award of the contract, but before the start of the contract, or prior to the renewal of the contract, or during the term of the contract, where the Department objects based on the nature of the individual's conviction(s) and the need to protect the safety of the traveling public.

Contractor shall submit national criminal background checks referenced above and Contractor National

Criminal Background Check Certification for each new employee. Should the Contractor retain employees from a previous contract, Contractor shall submit new background checks for each retained employee and Contractor National Criminal Background Check Certification.

After obtaining the national criminal background check referenced above on all potential employees, the

Contractor shall submit the Contractor National Criminal Background Check Certification form and national criminal background record information at the Project Pre-Work Conference. No employee is to begin work at the rest area under the new contract without undergoing the national criminal background check referenced above. Upon yearly renewal of an existing contract, the Contractor shall provide updated national criminal background checks of its employees, including all Contracting officers, owners, partners, and/or managers and all personnel who will be representing the contracting company, along with the Contractor

National Criminal Background Check Certification, thirty (30) days prior to the expiration of the current contract year.

Contractor must have each employee notify Contractor within 24 hours when he/she has been convicted of a felony or a misdemeanor, and Contractor must notify NCDOT within 24 hours of that employee's notification.

The Department reserves the right to request a new national criminal background check for any employee at any time.

NOTE: Noncompliance with the requirements of the Contractor National Criminal Background Check

Bid No. 54-TJK-03-PR38329 16 Sampson County Janitorial/Grounds

Certification referenced above shall be grounds for contract cancellation.

B. Staffing: Staffing shall be from 8:00 AM to 4:00…