Bid+Document+-+McLean+County2.pdf

CLA 7480 (Div. 50)

North Dakota Department of Transportation

INVITATION TO BID

BID RESPONSE

Please submit your bid response on the attached forms in conformance with the instructions and specifications in the NDAC 04-12-01 – 04-12-16. One copy of your bid response must be returned to the North Dakota Department of Transportation (NDDOT) prior to the time and date specified for the bid opening. Bid responses received after the time and day specified for the bid opening will be rejected. Mark envelope with word “BID” and the opening time and date. If your bid response is accepted by NDDOT, then your bid response will constitute a binding contract.

CONTRACT

This contract is made and entered into by and between NDDOT for the state of North Dakota (hereinafter state) and

Vendor Name Vendor Address

(hereinafter vendor). In consideration of and for the acceptance by the state of the offer made by the vendor pursuant to the bid response, the vendor agrees and promises to sell, furnish, and deliver to the state, at the time, places, and prices specified in the bid response, all goods, merchandise, supplies, commodities, equipment, or other items contained in the bid response and for which the vendor has been awarded this contract by the state. The vendor shall fully perform this contract in accordance with the terms and conditions contained in the bid response including all specifications, rules, or regulations mentioned therein, and shall comply with all applicable provisions of the NDAC 04-12-01 – 04-12-16 promulgated by the State Purchasing Division; such manual being made a part of this contract by reference. The Risk Management Appendix and Appendices A and E of the Title VI Assurances, attached, are hereby incorporated into and made a part of this agreement.

The following must be completed by the vendor; failure to do so may result in the rejection of the vendors bid proposal.

Vendor Name

Mailing Address

Telephone Number Fax Number E-mail Address

Name & Title (Type or Print)

Signature

Date

FOR ND DEPARTMENT OF TRANSPORTATION USE ONLY Accepted by the state according to provisions of award.

Authorized Signature Date

Recommended for approval Date Approximate contract amount

Bid Number: 988-89-25-050-02 Bid Opening Date & Time: 06/11/2025 02:00 PM

Items: Weed Spraying ROW - McLean County Buyer: Craig M. Rebhahn

Bid Mailing Address: 608 East Boulevard Avenue Telephone Number: 701-328-2571

City, State, Zip: Bismarck, ND 58505-0700 Email: crebhahn@nd.gov

Contract Period: 07/01/2025 TO 06/30/2026 Date Prepared: 05/22/2025

To be signed by Owner; Partner; Corp. Pres., Vice Pres., or other authorized Corp. Officer or bid may be rejected. (if signed by other authorized Corp.

Officer, please attach copy of Power of Attorney or other documentation showing authority to sign.)

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION

APPENDIX A OF THE TITLE VI ASSURANCES

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the

Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or the Federal Highway Administration as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION

APPENDIX E OF THE TITLE VI ASSURANCES

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Risk Management Appendix

Service Contracts with Private Individuals, Companies, Corporations, Etc.:

Contractor agrees to defend, indemnify, and hold harmless the state of North Dakota, its agencies, officers and employees (State), from and against claims based on the vicarious liability of the State or its agents, but not against claims based on the State’s contributory negligence, comparative and/or contributory negligence or fault, sole negligence, or intentional misconduct. The legal defense provided by Contractor to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Contractor also agrees to defend, indemnify, and hold the State harmless for all costs, expenses and attorneys' fees incurred if the State prevails in an action against Contractor in establishing and litigating the indemnification coverage provided herein. This obligation shall continue after the termination of this agreement.

Contractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds authorized to do business in North Dakota, the following insurance coverages:

1) Commercial general liability and automobile liability insurance – minimum limits of liability required are

$500,000 per person and $2,000,000 per occurrence.

2) Workers compensation insurance meeting all statutory limits.

3) The State of North Dakota, its agencies, officers, and employees (State) shall be endorsed as an additional insured on the commercial general liability and automobile liability policies. The State of North Dakota shall have all the benefits, rights and coverages of an additional insured under these policies that shall not be limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of the Contractor.

4) Said endorsements shall contain a “Waiver of Subrogation” in favor of the state of North Dakota.

5) The policies and endorsements may not be canceled or modified without thirty (30) days prior written notice to the undersigned State representative.

Contractor shall furnish a certificate of insurance evidencing the requirements in 1, 3, and 4, above to the undersigned State representative prior to commencement of this agreement.

The State reserves the right to obtain complete, certified copies of all required insurance documents, policies, or endorsements at any time. Any attorney who represents the State under this contract must first qualify as and be appointed by the North Dakota Attorney General as a Special Assistant Attorney General as required under N.D.C.C. Section 54-12-08.

When a portion of a Contract is sublet, the Contractor shall obtain insurance protection (as outlined above) to provide liability coverage to protect the Contractor and the State as a result of work undertaken by the Subcontractor. In addition, the Contractor shall ensure that any and all parties performing work under the Contract are covered by public liability insurance as outlined above. All Subcontractors performing work under the Contract are required to maintain the same scope of insurance required of the Contractor. The Contractor shall be held responsible for ensuring compliance with those requirements by all Subcontractors.

Contractor’s insurance coverage shall be primary (i.e., pay first) as respects any insurance, self-insurance or self-retention maintained by the State. Any insurance, self-insurance or self-retention maintained by the State shall be excess of the Contractor’s insurance and shall not contribute with it. The insolvency or bankruptcy of the insured Contractor shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Contractor from meeting the retention limit under the policy. Any deductible amount or other obligations under the policy(ies) shall be the sole responsibility of the Contractor. This insurance may be in a policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and be placed with insurers rated “A-” or better by A.M. Best Company, Inc. The State will be indemnified, saved, and held harmless to the full extent of any coverage actually secured by the Contractor in excess of the minimum requirements set forth above.

RM Consulted 2007 Revised 07-23

ITB 988-89-25-050-02, Weed Spraying, ROW McLean County

MAILING INSTRUCTIONS

Mail only one completed and signed request for bid document per envelope, unless instructed otherwise. Request for bid documents not signed or received after the date and time specified in the request for bid will be rejected.

BID IS: SEALED NOT SEALED

Address the envelope containing your response in the following manner:

BID NUMBER – 988-89-25-050-02

BID OPENING DATE/TIME – June 11, 2025 @ 2:00 P.M. CT

N. D. DEPT. OF TRANSPORTATION

PROCUREMENT SECTION

608 E BOULEVARD AVE

BISMARCK ND 58505-0700

BIDDERS INSTRUCTIONS

1. Additional Terms and Conditions. Additional terms and conditions submitted with a bid response are of no effect unless accepted in writing by the Purchasing Agency. Bid Responses with additional terms and conditions may be rejected as non-responsive. (N.D.A.C. § 4-12-11-06)

2. Assistance to Bidders with a Disability. Bidders with a disability and/or language assistance, contact Civil Rights Division, NDDOT, 701-328-2978 or civilrights@nd.gov or TTY 711, as soon as possible so that reasonable accommodations can be made. Additionally, the Request for Reasonable Accommodations form (SFN 60135) can be accessed at the following NDDOT website location:

http://www.dot.nd.gov/forms/sfn60135.pdf

3. Award. Award will be made to the responsible bidder with the lowest priced Bid Response that is responsive to the specifications and all other requirements stated herein. Award will be made as follows

• Split award per county. More than one (1) county may be awarded to any successful bidder. Any bidder who wishes to receive the entire award or no award at all, must so state.

4. Award – Tie Bid Preference. If a tie occurs between two or more bidders with equal bid prices or offerors with identical evaluation scores:

• Preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C § 44-08-02.

• If a tie still remains, award shall be made in accordance with N.D.A.C. § 4-12-11-05.

5. Bid Bond. Waived in this instance: however, bidder(s) failing to enter into a contract with this office, upon notification of award, may be subject to removal from the bidder’s list.

6. Bid Held Firm. Bids are not awarded at the bid opening. Bid responses will be firm for 30 days, unless stated otherwise.

7. Bid Opening. All sealed bids received by the NDDOT Procurement Office will be opened and read at 608 East

Boulevard Avenue, Bismarck, North Dakota, at the time specified in the solicitation. Interested parties are invited to attend the bid opening.

8. Bid Summary. Interested parties may contact the Procurement Officer to obtain a summary of all bid responses received and the award. When bids are issued using the State’s electronic bidding system, the bid summary will be posted and available for download from: https://apps.nd.gov/csd/spo/services/bidder/main.htm.

9. Bidder Checklist. HAVE YOU REMEMBERED TO:

• Review all instructions, terms and conditions, and specifications to ensure your bid response complies?

• Prepare your price in the specified unit of measure, F.O.B. Destination, Freight Prepaid to the delivery location listed in the bid document?

http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf mailto:civilrights@nd.gov http://www.dot.nd.gov/forms/sfn60135.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://apps.nd.gov/csd/spo/services/bidder/main.htm

• Indicate whether you can meet the delivery date indicated in the bid document?

• Sign your bid response on the cover sheet?

• Initial all changes and corrections?

• Submit any required samples or enclosures, if applicable?

• Mark the envelope as indicated above?

• Review and complete all requirements contained in this solicitation to ensure compliance.

• If using a delivery service, check tracking to ensure the Bid Response will be delivered on time.

Contact the Procurement Officer as soon as possible in the event of delays due to weather, etc.

10. Bidders List. Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder. The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

The commodity codes used for this solicitation are: 988-89.

Visit the OMB website for instructions and the online Bidders List Application: https://www.omb.nd.gov/doing-business-state/procurement/suspended-and-debarred-bidders.

11. Clarifications, Bid Changes and Questions Deadline. Bidders should carefully review this bid document including all attachments. The Procurement Officer is the point of contact. Any irregularities, lack of clarity, requested bid changes and all questions regarding this bid and the procurement process must be addressed to the Procurement Officer referenced on the first page of this document not later than end of business June 4, 2025. (Contact information is indicated on cover page). If a bid amendment is required, it will generally be issued after this date.

Email is the preferred method of submission with the Bid number and title cited in the email subject line.

Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the bidder to a specific section of the bid.

A person or firm interested in submitting a proposal should ensure all communications related to the procurement are only with the designated point of contact. This section does not restrict communication with state officials or any member of the legislative assembly unless the state official or member of the legislative assembly is involved directly with the procurement for which the person is interested or has submitted a bid or proposal (N.D.C.C. § 54-44.4-01.1).

12. Changes/Corrections. Bidders must initial any changes or corrections to the Bid Response, such as erasures and crossed out/rewritten prices. The Procurement Officer may confirm the Bid Response when changes are not initialed.

13. Definitions.

• Bidder - any person or firm submitting a competitive bid in response to a solicitation.

• Bid summary - a summary of all bid responses received by the NDDOT Procurement Office.

• Bid response - the executed document submitted by a bidder in response to a solicitation.

• Commodities – all property, including equipment, supplies, materials, printing, insurance, and the lease of equipment.

• Contract - a deliberate written agreement between two or more competent persons to perform specific act or acts.Contractor - any person or firm having a contract with a governmental body.

• N.D.A.C. – North Dakota Administrative Code, rules with the force and effect of law.

• N.D.C.C. – North Dakota Century Code, state laws.

• Procurement Officer – an individual duly authorized to enter into and administer purchasing contracts and make written determinations with respect thereto, also includes an authorized representative acting with the limits of designated purchasing authority.

• Purchasing Agency (STATE) – the entity on which the purchase is being made on behalf of.

• Services – the furnishing of labor, time, or effort by a Contractor, not involving the delivery of a specific https://www.omb.nd.gov/doing-business-state/procurement/suspended-and-debarred-bidders https://www.omb.nd.gov/doing-business-state/procurement/suspended-and-debarred-bidders end product other than reports that are merely incidental to the required performance.

• Solicitation – a document to notify prospective bidders of a bidding opportunity.

• SPO – State Procurement Office, a division of the Office of Management and Budget.

• SPO Online – a procurement information website maintained by OMB State Procurement Office pursuant to N.D.C.C. § 54-44.4-14.

14. Email & Facsimile Bids. Sealed bids are required; therefore, bids cannot be submitted by email or fax to the Procurement Officer. Bid responses emailed or faxed may be rejected as non-responsive.

Late Bid Responses will be rejected.

Submit in Person, by Mail or Delivery Service Bidders may submit Bid Response in a sealed envelope or package to the following address. Bidders may email Bid Responses to a third party to place in a sealed envelope and deliver by the Bid Response deadline.

Contact the Procurement Officer to confirm receipt.

Bid #: 988-89-25-050-02 Bid Title: Weed Spraying ROW – McLean County ATTN: Craig M. Rebhahn

N.D. DEPT. OF TRANSPORTATION

FINANCIAL MANAGEMENT, PROCUREMENT

608 EAST BOULEVARD AVENUE

BISMARCK, ND 58505-0700

The State assumes no responsibility for delays caused by any delivery service. Postmarking by the Bid Response deadline shall not substitute for actual Bid Response receipt by the State. The State’s time of receipt will used to determine timely receipt.

15. Upload Response Through the State Procurement Online System (SPO Online). Bidders may electronically submit Bid Responses through the State Procurement Online system (SPO Online) by the Bid Response deadline.

DO NOT WAIT UNTIL THE ‘LAST MINUTE’ TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Bid Response deadline.

Bidder must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the State is not responsible for a bidder’s failure to timely submit a Bid Response due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

If documents are in the process of being uploaded when the Bid Response deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The State takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

1. Select “Recent Solicitations” and find this solicitation. Solicitations are listed by close date.

2. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the deadline for receipt of proposals in the Bid Response deadline.

3. Offerors must upload their Bid Response as requested in the Bid Response section of this ITB.

4. The maximum file size allowed is 50mb per file.

5. There is a 50 character file name limitation for the document being uploaded.

6. There is a 75 character limit in the TITLE field within SPO Online.

7. All field entries must be alphanumeric. Dashes and underscores are allowed; however the system does not accept other special characters such as apostrophe, & symbol, quotation marks, etc.

8. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

9. Bidders will receive an email confirmation from infospo@nd.gov that the upload response was received http://www.legis.nd.gov/cencode/t54c44-4.pdf mailto:infospo@nd.gov https://apps.nd.gov/csd/spo/services/bidder/main.htm mailto:infospo@nd.gov including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If bidder does not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If you do not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

16. Freight/F.O.B. Destination. Freight and transportation charges are to be included in the price of the products, unless otherwise specified in the solicitation. (F.O.B. - Free On Board). Title will pass to Purchasing Agency upon delivery to the specified destination. The contractor will file any claims.

17. Indemnification. Bidders must review the attached Risk Management Appendix for indemnification and insurance requirements. The indemnification and insurance provisions are incorporated and made part of this solicitation and the resultant final contract. Objections to any of the provisions of the indemnification and insurance requirements must be made in writing to the attention of the Procurement Officer by the time and date set for receipt of questions. No alteration of these provisions will be permitted without prior written approval from the Purchasing Agency or Entity in consultation with the North Dakota Risk Management Division. Upon receipt of the Notice of Award, the successful bidder must obtain the required insurance coverage and provide the Procurement Officer with proof of coverage prior to contract approval. The coverage must be satisfactory to the Purchasing Agency or Entity, in consultation with the North Dakota Risk Management Division. A bidder’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract. Failure of the contractor to keep the required insurance in effect during the term of the contract is grounds for termination of the contract

18. Late Bids. Bid Response responses must be received by the Procurement Officer by the Bid Response deadline. Late Bid Responses will be rejected, regardless of the degree of lateness, unless the delay is due to the error of the Procurement Officer and discovered before the selection of the successful Bidder. (N.D.A.C. § 4-12-08-13)

19. Minor Informalities. The State reserves the right to waive minor informalities in bid responses in accordance with N.D.A.C. 4-12-10. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the bid document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other bidders.

20. Mistakes. The Procurement Officer may confirm the Bid Response in the event of apparent errors, such as an unreasonably priced Bid Response. Mistakes will be handled in accordance with N.D.A.C. ch. 4-12-10.

21. Multiple Bid(s). Bidders may submit more than one bid response(s) for the item(s) specified in the solicitation.

Each bid submitted must comply in all aspects with the bid requirements and these instructions.

22. New Equipment and Materials. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials shall be new and under current production for use in the United States. All equipment and assemblies of equipment will be in full compliance with all current applicable standards established by federal, state, and local governments. The equipment must be listed and labeled by a nationally recognized testing laboratory (NRTL) or certified by field evaluation and labeled by a NRTL. All costs associated with required listings will be included in the bid price. Each piece of equipment or assembly of equipment offered in the response to this bid will be either listed and labeled or certified and labeled prior to shipment by the successful bidder.

23. Open Records Requests. Bid responses are exempt records until the date and time of the bid opening. After the bid opening, all bid responses are subject to North Dakota open records laws. Interested parties may contact the Procurement Officer to request information related to this solicitation.

24. Packaging. All packaging must be strong and secure in accordance with accepted commercial practices.

25. Performance Bond. Successful bidders will not be required to furnish a performance bond; however, failure to perform satisfactorily will result in the immediate termination of the contract(s) and bidders may be subject to mailto:infospo@nd.gov https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf removal from the bidder’s list.

26. Preparation of Bid. Bids will be accepted on NDDOT forms only. If the document is located on the State Procurement Office website, then bidder is to download the document and type or write their responses as indicated by the bid document. Alteration of the bid document may be cause for bid rejection. Bidders are cautioned to examine specifications and all instructions. Failure to do so will be at the bidder’s risk.

27. Pricing. Unit prices are to be stated in United States currency and based on the unit of measurement specified in the solicitation, F.O.B. Destination, to the NDDOT delivery locations specified herein.

In the event of mathematical differences between the unit price and extended total, the unit price will prevail.

28. Protests. Protests of the solicitation must be received by the Procurement Officer within seven days before the bid closing deadline. Protests of the award or Notice of Intent to Award must be received by the Procurement Officer within seven days after receiving notice of award. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award. Protests must be made in writing to the Procurement Officer and include the basis for the protest. (N.D.C.C. § 54-44.4-12; N.D.A.C. § 4-12-14.)

29. Rejection. The State reserves the right to reject any and all bid responses in whole or in part. The Procurement

Officer will send a rejection notice, including the reason for rejection. Bid responses may be rejected if:

• The bid response is not legible.

• The bid response is not responsive to the specifications or other requirements of the solicitation.

• The bid response is received after the time and date specified.

• The bidder fails to comply with Bidders List Application requirements by the stated deadline.

• The bidder is determined to be not responsible (N.D.A.C. 4-12-11-04).

If all bids are rejected, the Procurement Officer will send written notice to bidders, including the reason all bids were rejected.

30. Signature. The name and title of the person signing the bid response must be typed or printed above the signature. The bid must be signed by Owner, Partner, Corp. Pres., Vice Pres., or other authorized Corp.

Officer or the bid may be rejected. If signed by other authorized Corp. Officer or representative, please attach a letter signed by the Owner, Partner, Corp. Pres., or Vice Pres. indicating the individual has authority to enter into a contract on behalf of the company (or a Power of Attorney). The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Procurement Officer. (N.D.A.C. ch. 4-12-10)Specifications, Brand Name or Equivalent. Unless otherwise indicated in the detailed specifications of this solicitation, the use of a specific brand name or make/model is for illustrative purposes only, and the State will consider equivalent products. If a commodity or service put forth by a bidder is rejected as not being equivalent, the Procurement Officer will notify the bidder of the rejection.

31. Specifications, Compliance. All Bid Responses must comply with the stated specifications, and the successful Bidder will be held responsible. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the stated specifications must contact the Procurement Officer by the deadline for questions or at least seven days before the Bid Response closing deadline, so the Procurement Officer can determine whether the specifications need to be amended.

32. Specifications Prepared by Non-State Personnel. When a purchasing agency has specifications prepared by someone other than a state employee or official on behalf of the state, that person or business entity must be excluded from submitting bids or proposals in accordance with N.D.A.C. § 4-12-06-06.

33. Supplier Registration (Payee). The successful bidder will be required to complete Supplier Registration, if not already registered as a Supplier. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information. Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements.

http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-06.pdf?20140130144222

34. Taxes. The State does not pay sales tax or federal excise tax. The state sales tax exemption number is E- 2001. The federal tax-free transaction number is 45-70-0010K. The Purchasing Agency will furnish a tax-exempt certificate upon request.

35. Bidders List and Secretary of State Registration Requirements. Bidders not having completed the Bidders

List registration may request to receive notices related to this bid by contacting the Procurement Officer in writing with the following information: bid title, business name, contact person, mailing address, telephone number, and email address.

Bidders must comply with requirements related for OMB Bidders List application and Secretary of State registration [N.D.C.C. § 54-44.4-09]. Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online).

Bidders List and Secretary of State Information

1. Secretary of State Registration and Online Bidder Registration instructions are available online at Bidder

Registration | Office of Management and Budget, North Dakota.

2. Offeror should check the Bidders List to determine if Offeror is already registered.

3. An Offeror that needs to complete the registration process shall:

a. Register with the Secretary of State (fees apply) and obtain a “System ID” number.

b. Complete the On-line Bidder Registration Bidders List Registration and Maintenance | Office of

Management and Budget North Dakota including selecting commodity codes. Notices related to this bid will be sent to the Bidders List for the needed commodity or service and other known potential Offerors.

4. The successful Offeror may be required to register as a new supplier to receive payment from the State.

New vendors (suppliers and individuals) looking to receive payment from the State should use the online Supplier Registration.

36. Withdrawal or changes to a bid response prior to the bid opening date and time. Before the Bid Response deadline, the bidder’s authorized representative may withdraw or change a Bid Response by making a written request to the Procurement Officer.

37. Withdrawals or changes after the bid opening date and time. After the bid opening, no changes may be made to the bid response, except as provided in N.D.A.C. ch. 4-12-10.. The bidder’s authorized representative may make a written request to withdraw the bid response.

https://www.omb.nd.gov/doing-business-state/procurement/registration-and-maintenance-bidders https://www.omb.nd.gov/doing-business-state/procurement/registration-and-maintenance-bidders https://apps.nd.gov/csd/spo/services/bidder/searchBidder.htm http://www.nd.gov/sos/businessserv/registrations/vendor.html https://www.omb.nd.gov/doing-business-state/procurement/bidders-list-registration-and-maintenance https://www.omb.nd.gov/doing-business-state/procurement/bidders-list-registration-and-maintenance https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm https://www.cnd.nd.gov/psp/supplier_1/SUPPLIER/ERP/c/SUP_OB_MENU.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=SUPPLIER

GENERAL CONTRACT TERMS AND CONDITIONS

1. Affirmative Action. The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of individuals with disabilities and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability.

2. Alternative Dispute Resolution – Jury Trial. By entering into this contract, State does not agree to binding arbitration, mediation, or any other form of mandatory Alternative Dispute Resolution. The parties may enforce the rights and remedies in judicial proceedings. State does not waive any right to a jury trial.

3. Applicable Law and Venue. This contract is governed by and construed in accordance with the laws of the

State of North Dakota. Any action to enforce this contract must be adjudicated exclusively in the state District Court of Burleigh County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.

4. Attorney Fees. In the event a lawsuit is instituted by State to obtain performance due under this contract, and State is the prevailing party, contractor shall, except when prohibited by N.D.C.C. § 28-26-04, pay State’s reasonable attorney fees and costs in connection with the lawsuit.

5. Billing and Payment Procedures. Invoices are to be submitted as indicated. Failure to submit correct invoices to the appropriate NDDOT office may delay contractor payment.

Korby Seward - Minot District Engineer 1305 Hwy 2 Bypass East Minot, ND 58701-7922 701-857-6911, keseward@nd.gov

Payment will normally be made within thirty days after delivery and acceptance of commodities or services under this contract and receipt of a correct invoice. All invoice and payment inquiries must be directed to the purchasing agency.

6. Binding Contract. The acceptance of a bid response in writing by the purchasing agency constitutes a contract between the bidder and the State. Written acceptance from the purchasing agency may be made by execution of a contract, purchase order, or order using a state purchasing card. Any oral agreement or arrangement by a bidder with a State employee or purchasing agency will have no force or effect unless reduced to writing.

7. Compliance with Public Records Laws. Contractor Under the North Dakota public records law and subject to the Confidentiality clause of this contract, certain records may be open to the public upon request. Public records may include: (a) records State receives from contractor under this contract, (b) records obtained by either Party under this contract, and (c) records generated by either party under this contract. Contractor agrees to contact State immediately upon receiving a request for information under the public records law and to comply with State’s instructions on how to respond to such request.

8. Confidentiality. Contractor shall not use or disclose any information it receives from State under this contract that State has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this contract or as authorized in advance by State. State shall not disclose any information it receives from contractor that contractor has previously identified as confidential and that State determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the North Dakota public records law, N.D.C.C. ch. 44-04. The duty of State and contractor to maintain confidentiality of information under this section continues beyond the term of this contract.

mailto:keseward@nd.gov http://www.legis.nd.gov/cencode/t44.html

9. Nondiscrimination and Compliance with Laws. The contractor agrees to comply with all applicable federal and state laws, rules, and policies, including those relating to nondiscrimination, accessibility, and civil rights.

(See N.D.C.C. Title 34 – Labor and Employment, specifically N.D.C.C. ch. 34-06.1 Equal Pay for Men and Women. The contractor agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums. The contractor shall have and keep current at all times during the term of this contract all licenses and permits required by law.

The contractor is prohibited from boycotting Israel for the duration of this contract. (See N.D.C.C. § 54-44.4-15.)

The contractor represents that it does not and will not engage in a boycotting Israel during the term of this contract. If the State receives evidence that the contractor boycotts Israel, the State shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if the contractor has fewer than ten full-time employees.

The contractor’s failure to comply with this section may be deemed a material breach by the contractor entitling the State to terminate in accordance with the Termination for Cause section of this contract.

10. Contract Amendments, Unanticipated Amendment. After a binding contract has been entered into, no changes (i.e. additions, substitutions, subcontracting or a price adjustment) may be made, unless prior approval has been obtained from the purchasing agency and Procurement Officer. The contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4-12-13)

11. Contract Price Adjustment. The Contract Unit Prices shall be firm for the twelve (12) months of the contract period. On an annual basis, all unit prices may be subject to price adjustment (increase / decrease). The request for a price adjustment shall be submitted to the Procurement Office at least forty-five (45) days before the scheduled contract expiration date and must include justification for the proposed change. The Procurement Officer will respond as follows:

1. The request may be granted,

2. The contract may be cancelled, and solicitation may be re-advertised, or

3. The contract may be continued without change.

If a price increase is approved by the NDDOT, the date the increase will be effective along with the new unit prices will be included in an amendment document. Approval of any price increase renews the twelve-month firm price period.

The State shall also be advised of and receive the benefit of any price decrease. The same notification and review process will apply to a decrease in cost.

12. Contract Term and Renewal Option. The NDDOT will enter into a contract with an effective date beginning July 1, 2025, and ending June 30, 2026, inclusive. This contract may be renewed upon satisfactory completion of the initial contract term. The NDDOT reserves the right to execute up to two options to renew this contract for a period of twelve (12) months each, not to exceed thirty-six (36) months total. Renewals will be documented by amendment.

The NDDOT reserves the right to renegotiate price and terms provided that such negotiated price and terms fall within the original scope of work for this bid. Negotiations may be conducted annually or at such times that additional and unexpected services falling within the scope of the contract may occur. Such changes will be documented by amendment to the contract.

http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf

13. Contract Termination.

a. Termination by Mutual Agreement. This contract may be terminated by mutual consent of both parties, executed in writing.

b. Early Termination in the Public Interest. The State is entering into the contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly, Agencies and Courts. If this contract ceases to further the public policy of the State of North Dakota, State, in its sole discretion, by written notice to the contractor, may terminate this contract in whole or in part.

c. Termination for Lack of Funding or Authority. The State may terminate this contract effective upon delivery of written notice to the contractor, or on any later date stated in the notice, under any of the following conditions:

i. If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term. The contract may be modified by agreement of the parties in writing to accommodate a reduction in funds.

ii. If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract.

iii. If any license or certificate required by law or regulation to be held by the contractor to provide the services required by the contract is for any reason denied, revoked or not renewed.

Any such termination of this contract under this subsection, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination.

d. Termination for Cause. The State by written notice to the contractor may terminate the whole or any part of this contract:

i. If the contractor fails to provide services required by this contract within the time specified herein or any extension thereof; or

ii. If the contractor fails to perform any of the other provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms.

e. Termination, Deliveries. If the contract is terminated for any reason, the contractor is responsible for delivery of all commodities and services ordered prior to the termination, unless those orders had been canceled by the Purchasing Agency or Entity.

The rights and remedies of State provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this contract.

14. Inspection and Investigations. The State reserves the right to conduct inspections and investigations related to the bidder and the offered commodities or services, including but not limited to the firm, personnel, qualifications, and the commodities and services offered to make determinations regarding compliance with the bid requirements and responsibility of the bidder. All material and workmanship are subject to inspection and testing by the State at the point of manufacturer, place of storage, or upon receipt.