Cleaning+Complex.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: 910-39-20-061 Bid Opening Date & Time: January 6, 2020

Items: Janitorial Services Buyer: Alissa Wangen

Bid Mailing Address: 218 Airport Road Telephone Number: 701-328-6951

City, State, Zip: Bismarck ND 58504 Email: awangen@nd.gov

Contract Period: 02/01/2020 TO 01/31/2021 Date Prepared: 01/03/2020

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).

910-39-20-061, Janitorial Services, Bismarck District Complex

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 – 910-39-20-061

BID OPENING DATE/TIME – JANUARY 6TH, 2020

N. D. DEPT. OF TRANSPORTATION

BISMARCK DISTRICT

218 AIRPORT ROAD

BISMARCK ND 58504

BIDDERS INSTRUCTIONS

1. MANDATORY ON-SITE VISIT: In order to be considered for award, bidder must attend a Mandatory On-Site

Visit. The meeting is to be held on Friday, January 10, 2020; 2:00 PM Central Time. Bidders are to meet at the NDDOT Bismarck District Office building located at 218 Airport Road, Bismarck ND.

2. 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. Bids with additional terms and conditions may be rejected as non-responsive. (N.D.A.C. § 4-12-11-06)

3. 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.

4. Award. Award will be made to a responsive, responsible bidder with the lowest price considering conformity with specifications, terms of delivery, quality, and serviceability. NDDOT reserves the right to consider bids varying in minor respects from any specific requirements herein but judged to meet the intent of this request.

Bidders interested only in the total low bid for all items are to state ‘all or nothing’ on their bid response. Award will be made as follows:

• All or none.

5. Award – Tie Bid Preference. After applying any reciprocal preference, if a tie occurs between two or more bidders with equal bid prices or offerors with identical evaluation scores:

• Preference must first be given to bids submitted by resident North Dakota vendors.

• If a tie remains, preference is given to approved vendors on the Bidders List.

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

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

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

8. Bid Submission Deadline: January 21, 2020 by 3:30 pm

9. 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.

10. Bid Summary. Bid summaries are available when the bid has been awarded. When bids are issued using the 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

State’s electronic bidding system, the bid summary will be posted and available for download from:

https://www.nd.gov/omb/vendor.

Bid summaries will be mailed to those bidders who supply a self-addressed, stamped envelope with their bid response. A copy of the bid summary may also be obtained by visiting the NDDOT Procurement Office during normal working hours.

11. 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 on the cover sheet?

• Indicate whether you can meet the delivery date indicated on the cover sheet?

• 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.

12. Clarifications, Bid Changes and Questions Deadline. 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 January 13, 2020 (Contact information is indicated on cover page). If a bid amendment is required, it will generally be issued after this date.

The bidder is cautioned that the requirement of this solicitation can be altered only by written amendments and that verbal communications from whatever source are of no effect.

13. Corrections. The bidder’s authorized representative must initial any corrections and alterations (i.e. erasures, whiteouts, correction tape, etc.) made to the bid response. Those bid responses with corrections and alterations that are not initialed are subject to confirmation by the Procurement Officer.

14. 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.

• 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.

• Solicitation - the process of notifying prospective bidders that the State wishes to receive bids for furnishing goods or services.

15. Electronic & Facsimile Bids. Bid responses are not to be email attached or faxed to the NDDOT unless this transmittal method has been authorized by the Procurement Officer or bid document. (Contact the Procurement officer regarding additional requirements and exceptions.) Bid responses electronically submitted or faxed may be rejected as non-responsive. Bids may be faxed to a third party who will put it in a properly addressed envelope and deliver it to the NDDOT Procurement Office before the date and time specified in the solicitation.

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).

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 https://www.nd.gov/omb/vendor 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.

18. Late Bids. It is the bidder’s responsibility to ensure that a bid response is physically deposited with the NDDOT

Procurement Office prior to the date and time specified for the opening. Late bids will be rejected, regardless of the degree of lateness, unless the delay is due to the error of the Purchasing Agency and discovered before the selection of the successful bidder.

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. 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.

21. Negotiation. NDDOT reserves the right to negotiate with the successful bidder to ensure the best possible consideration is afforded to all concerned.

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.

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 shipments are to be packaged according to accepted commercial practices to avoid damage in shipment.

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 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. Bid responses may be rejected if:

• The bid response is not legible.

• The bid response is not completed as requested.

• The bid response is faxed to the procurement office.

• 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 has not met Vendor Registration requirements or is suspended or debarred.

• The bid document has been altered by the bidder.

http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf

• 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 bid must be signed manually in ink. 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 a contract on behalf of the company (or a Power of Attorney).

31. 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.

32. Specifications, Compliance. All bid responses must comply with the specifications contained herein, and the successful bidder will be held responsible. Noncompliance with specifications is grounds for rejection of the bid response. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the specifications stated herein must be clearly pointed out PRIOR TO THE DEADLINE FOR RECEIPT OF QUESTIONS; otherwise, it will be considered that the items offered are in strict compliance with these specifications, and the bidder will be held responsible.

33. Supplemental Terms and Conditions. Bids including supplemental terms and conditions will be accepted, but supplemental conditions that conflict with any conditions contained in this ITB or that diminish the State's rights will be considered null and void. The State is not responsible for identifying conflicting supplemental terms and conditions before issuing a contract award.

After award of contract:

a) If a conflict arises between a supplemental term or condition included in the bid and a term or condition of the ITB, the term or condition of the ITB will prevail, and,

b) If the State’s rights would be diminished as a result of application of a supplemental term or condition included in the bid, the supplemental term or condition will be considered null and void.

Changes, modifications, additions, or alterations to the bid document could be cause for rejection of the submitted bid at the sole discretion of the NDDOT. Contact the Procurement Officer in writing prior to the deadline for clarifications.

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. Vendor Registration. Bids will be accepted from bidders who are not currently Approved Bidders for the State of North Dakota; however, the successful bidder may be required to become approved prior to award, in accordance with N.D.C.C. 54-44.4-09. To become an Approved Bidder, you must: 1) register with the North Dakota Secretary of State (fees apply), and 2) submit a completed Bidder List Application to the ND State Procurement Office. Registration instructions and forms are available on-line at: www.nd.gov/spo/vendor.

Contact the ND State Procurement Office at 701-328-2683 or infospo@nd.gov for assistance.

Placement on the bidders list does not guarantee a bidder will receive notice of every formal solicitation.

Bidders must maintain current information by submitting a Notice of Change form to the State Procurement Office (Fax 701-328-1615). Visit the website for forms: www.nd.gov/spo/vendor.

36. Withdrawal or changes to a bid response prior to the bid opening date and time. A bidder may withdraw or make a change to his bid response prior to the bid opening date and time. The request to make a change or withdraw must be in writing by a representative of the firm. The request to withdraw or change must be signed by the bidder or his designated representatives.

37. Withdrawals after the bid opening date and time. After the bid opening, no changes may be made to the bid response. The bidder may make a written request to withdraw the bid response, subject to approval by the http://www.nd.gov/spo/vendor mailto:infospo@nd.gov/spo

NDDOT Procurement Office. Vendors continually withdrawing bids after the bid opening may be removed from the Vendor Database.

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. Applicable Law and Venue. Any dispute arising out of this agreement will be resolved under the laws of the State of North Dakota.

3. Billing and Payment Procedures.

Invoices are to be submitted as indicated on the purchase orders unless otherwise instructed. Failure to submit correct invoices to the appropriate NDDOT office may delay contractor payment.

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.

4. 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 will be in the form of a purchase order, notification of award, or contract. 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.

5. Compliance with Laws. The contractor must, in performance of work under this contract, fully comply with all applicable federal, state or local laws, rules, regulations and policies, including those relating to nondiscrimination, affirmative action, accessibility and civil rights including Title VI of the Civil Rights Act of 1964. The contractor agrees to file all required reports on time, to make required payroll deductions, and to pay all taxes and premiums owed on time, including sales and use taxes and 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.

6. Contract Amendments, Waivers. 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 terms of this contract shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by the parties. No waiver consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change, if made shall be effective only in the specific instance and for the specific purpose given.

There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement.

7. 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.

8. Contract Term and Renewal Option. The NDDOT will enter into a contract with an effective date beginning February 1, 2020, and ending January 31, 2021, 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.

9. Contract Termination.

a. Termination without Cause. This contract may be terminated by mutual consent of both parties, or by either party upon 30 days' written notice.

b. 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 (i), (ii), or (iii), above, shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination.

c. 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 and after receipt of written notice from the State, fails to correct such failures within ten days or such longer period as NDDOT may authorize.

iii. The rights and remedies of the State provided in the above clause related to defaults by the contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this contract.

d. 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.

10. 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. The State reserves the right to reject any commodities or services and terminate the contract if the Contractor fails to comply with the specifications, terms and conditions, or the seller’s express or implied warranties. Rejected commodities will be removed at the Contractor’s expense.

Failure to satisfactorily perform may result in suspension or debarment from the Bidders List.

11. Materials and Workmanship. All material and workmanship shall be subject to inspection and testing at the discretion of the purchasing agency either at the point of manufacturer, place of storage, or upon receipt.

12. Receiving. Deliveries must arrive at the designated destination(s) during normal business hours unless other shipping/receiving instructions are issued by NDDOT personnel. The contractor shall contact the NDDOT to schedule delivery dates and times at least 24 hours in advance of delivery.

All NDDOT offices will be closed in recognition of State holidays. Any day declared a holiday by the President or Governor will also be recognized by office closure.

13. Subcontracts, Assignment. The contractor shall not subcontract, assign or transfer the contractor’s interests or duties under this contract without express written consent of the purchasing agency. However, the contractor may enter into subcontracts provided that any such subcontractor acknowledges the binding nature of this contract and incorporates this contract, including any attachments. The contractor is solely responsible for the performance of any subcontractor. The contractor shall not have the authority to contract for or incur obligations on behalf of the State.

14. Successors in Interest. The provisions of this agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns.

15. Service Representative. The contractor must provide a dedicated customer service representative to provide support for this contract. The contractor shall notify the Procurement Officer in the event the representative is changed.

NAME: _________________________________________________________________________

(Name of person servicing this contract)

BUSINESS NAME: _____________________________________________________________

MAILING ADDRESS: ____________________________________________________________

CITY & STATE: _______________________ ZIP CODE: _________________________

PHONE NUMBER: _______________________ TOLL FREE: _______________________

FAX NUMBER: _______________________ E-MAIL: __________________________

MANDATORY ON SITE VISIT

MANDATORY ON-SITE VISIT: In order to be considered for award, bidder must attend a Mandatory On-Site Visit. The meeting is to be held on Friday, January 10, 2020; 2:00 PM Central Time. Bidders are to meet at the NDDOT Bismarck District Office building located at 218 Airport Road, Bismarck ND. If there is a conflict with your schedule, you may send another representative for your company.

CUSTODIAN DUTIES

Contractors and Their Duties Daily cleaning shall be done 5 days per week, Monday through Friday. The exact hours are to be determined by the Contractor. However, cleaning may begin in the Bismarck District Shop and Truck Barn after 3:30 p.m., in the Bismarck District Office after 5:00 p.m., and Electronic Services Traffic Counter Shop after 5:00 p.m. unless otherwise approved. It is permissible to do some work on weekends. No work will be required on legal holidays.

The Contractor shall so establish his work pattern that the offices are clean and orderly to the NDDOT's satisfaction. The Contractor shall put all waste in plastic bags furnished by the NDDOT. The Contractor shall put the bags of waste in the dumpsters furnished. The Contractor shall furnish all necessary materials, tools, equipment and the transportation needed for performing these duties. The Contractor shall be responsible for liability resulting from his or her own negligence. No minors will be allowed in the buildings or on Department of Transportation property. The Contractor shall be considered an independent contractor and not an employee of the NDDOT for any p purposes, such as worker's compensation, medical insurance, etc.

The contractor must be familiar with what chemicals or compounds to use and how to use them safely. All cleaning supplies must be used in accordance with manufacturer's recommendations.

The contractor must provide names of all key holders to the Bismarck District and the list must be maintained in a current status. Each person carrying keys must complete an Issue and Return of DOT Property Form, SFN 50332 which will be provided for you. The form will be kept in the Bismarck District Office.

An e-mail or text number must be provided to allow timely and accurate communications.

Materials, Tools & Equipment Provided by the Contractor Examples of materials, tools and equipment provided by the contractor are:

1. Liquid cleaner (germicide)

2. All-purpose cleaner

3. Bleach

4. Glass cleaner

5. Bowl and urinal cleaner

6. Bristle brushes

7. Sponges

8. Brooms

9. Mop heads and handles

10. Rags

11. Vacuum

12. Cleaning signs (Wet Floor, etc.)

13. Vehicle

Materials Provided By NDDOT Materials provided by the NDDOT are:

1. Garbage bags

2. Toilet paper

3. Paper hand towels

4. Air freshener sprays

5. Liquid hand soap

6. Urinal cakes/screens

Task Schedules, Maintenance Procedures and Performance Expectations

ELECTRONIC SERVICES & TRAFFIC COUNTER SHOP

Cleaning Specifications

01-2020

ELECTRONIC SERVICES

DAILY

1. Dust and wet mop all tile floors.

2. Empty wastebaskets.

3. Dust desks, file cabinets and other furniture.

4. Vacuum carpet and floor mats.

Restrooms

5. Clean and disinfect sinks, toilets and urinals.

6. Clean mirrors.

7. Wet mop and disinfect restroom floors.

8. Replenish towels and tissue.

BIANNUALLY

1. Wash all windows (inside and outside) in the spring and fall.

2. Dust window blinds.

ANNUALLY

1. Strip and wax tile floors in October.

2. Scrub and wax tile floors in April.

TRAFFIC COUNTER SHOP

DAILY

1. Empty wastebaskets.

WEEKLY

1. Dust and wet mop all tile floors.

2. Sweep and wet mop concrete floors.

3. Dust desk<s, file cabinets and other furniture.

BIANNUALLY

1. Wash all windows (inside and outside) in the spring and fall.

2. Dust window blind s.

ANNUALLY

1. Strip and wax tile floors in October.

2. Scrub and wax tile floors in April.

BISM ARCK DISTRICT OFFICE

01-2020

1. Empty all wastebaskets and insert liners

2. Vacuum carpet, including entry ways

3. Vacuum floor mats

4. Dust desks, computers, file cabinets, front counter in upper level, and other furniture. (The tops of the cubicles in the lower level should be dusted at least once per month.)

5. Wipe tables and countertop in break rooms (upper and lower level)

6. Dust mop tile floors in lower level and all stairs

Restrooms

7. Clean and disinfect sinks, toilets and urinals

8. Clean mirrors

9. Spot clean all doors, walls and restroom partitions

10. Replenish toilet tissue

11. Wet mop and disinfect restroom floors

WEEKLY

1. Dust tables, shelves and televisions in upper level conference room

2. Oust window ledges in the upper level

3. Wet mop tile floors in lower level and all stairs (minimum of weekly; more often if needed)

4. Wipe tops of cubicles in upper level

5. Clean and disinfect desktops.

MONTHLY

1. Wash front entrance windows and door

2. Dust tops of cubicles in lower level

BIANNUALLY

1. Wash the inside and outside of all windows in the spring and fall

2. Wash glass partition and door by front counter in upper level

BISMARCK DISTRICT SHOP

Cleaning Specifications 01-2020

The areas in the district shop that are to be cleaned are as follows:

Mechanics Shop Offices Break Room (upstairs) Restrooms (upstairs and main floor

1. Empty wastebaskets and insert liner, including all 30-gallon trash barrels.

2. Wipe tables and countertops in break room

3. Dust and wet mop all tile floors.

4. Dust desks, workstations, file cabinets and other furniture

5. Sweep concrete floor (Sign Shop work area).

6. Vacuum floor mats.

Restrooms

7. Replenish hand towels and toilet tissue

8. Clean and disinfect sinks, toilets and urinals

9. Clean mirrors

10. Wet mop and disinfect restroom floors

WEEKLY

1. Wet mop concrete floor

2. Wash both sides of office windows

ANNUALLY

1. Strip and wax tile floors in October (Offices, Break Room, Restrooms)

BISMARCKDISTRICT TRUCK BARN

01-2020

The areas in the truck barn that are to be cleaned are the four offices, break room, restrooms and laundry room.

1. Empty wastebaskets and insert liner, including all 30-gallon trash barrels.

2. Wipe tables and countertops in break room

3. Dust desks, workstations, file cabinets and other furniture

4. Sweep concrete floor

5. Vacuum floor mats Restrooms

6. Replenish hand towels and toilet tissue

7. Clean and disinfect sinks, toilets and urinals

8. Clean mirrors

9. Wet mop and disinfect restroom floors

WEEKLY

1. Wet mop concrete floor during summer(weekly), during winter (twice weekly)

B IANN UALLY

1. Wash the inside and outside of all windows in the spring g and fall

Transportation Transportation to and from the facility is the responsibility of the contractor.

Inspections The NDDOT will inspect the buildings as often as necessary to ensure good performance. A report of that inspection will be made on the following form. A copy of the inspection report will be furnished to the contractor.

By entering a contract with NDDOT, the contractor agrees that poor performance, as determined by NDDOT, may result in the termination of the contract.

The contractor will inspect the work of their employees as often as needed to ensure satisfactory performance.

Emails or text notifications regarding work not completed will be sent to the contractor and the work must be addressed and completed within 24 hours. If the NODOT determines it reasonable, a possible deduction in pay for non-performance, will be enforced

BID RESPONSE

ITEM

NO. QTY. UNIT DETAILED SPECIFICATIONS PRICE/MONTH PRICE/YEAR

1 12 Months Rate per month for janitorial services for Bismarck District Office

2 12 Months Rate per month for janitorial services for Bismarck District Shop

3 12 Months Rate per month for janitorial services for Bismarck Truck Barn

4 12 Months Rate per month for janitorial services for Traffic Counter/Electronics Shop

Total Cost for All Buildings $ $

ANY ALTERATIONS OR CORRECTIONS MADE TO THE UNIT OR TOTAL PRICE MUST BE

INITIALED BY THE BIDDER. FAILURE TO DO SO MAY BE CAUSE FOR BID REJECTION.

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

$250,000 per person and $1,000,000 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 11-19