PDF-Medina+&+Cry+Sp+FINAL+07-25-2025.pdf

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(February 2024)

PROCUREMENT OFFICER

The Procurement Officer is the point of contact for this IFB. Bidders shall direct all communications regarding this IFB to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PURCHASING AGENCY (STATE): ND Department of Transportation PROCUREMENT OFFICER: Karen Duffy, Valley City District EMAIL: kjduffy@nd.gov

PHONE: 701-845-8805

TTY Users call: 7-1-1

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

BID QUESTION DEADLINE

Bidders should carefully review the IFB including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB. If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Email is the preferred method of submission with the IFB 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 IFB.

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).

STATE PROCUREMENT WEBSITE (SPO ONLINE)

This IFB and any related amendments and notices will be posted on the North Dakota OMB website using the State Procurement Online system (SPO Online). Bidders are responsible for checking this website to obtain all information and documents related to this IFB: https://apps.nd.gov/csd/spo/services/bidder/main.htm

Select Recent Solicitations and find this solicitation. Recent solicitations are listed by close date.

Bidders not having completed the Bidders List registration may request to receive notices related to this IFB by contacting the Procurement Officer in writing with the following information: IFB title, business name, contact person, mailing address, telephone number, and email address.

DATE ISSUED July 28, 2025 BID NUMBER 988-07-08-25-062-01

BID TITLE

Janitorial Services of Medina & Crystal Springs Rest Areas

COMMODITY

CODE(S) 988

BID QUESTION

DEADLINE August 5, 2025 @ 5 pm CONTRACT NUMBER

BID RESPONSE

DEADLINE August 19, 2025 @ 2 pm CONTRACT PERIOD October 1, 2025 to

September 30, 2027 mailto:kjduffy@nd.gov http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642 https://apps.nd.gov/csd/spo/services/bidder/main.htm

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

• Ensure your Bid Response complies with all instructions, terms and conditions, delivery requirements, and specifications.

• Prepare your price in the specified unit of measure, FOB: Destination to the shipping location.

• Sign your bid, and initial any changes or corrections

• Ensure your Bid Response is received by the Procurement Officer by the Bid Response deadline. Called to confirm receipt.

• 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.

• Submit any required samples or documents.

2. Definitions.

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

• 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.

• Contractor: any person or firm having a contract with a governmental body.

• 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 end product other than reports that are merely incidental to the required performance.

• Solicitation: a document to notify prospective Bidders of a bidding opportunity.

• 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.

• OMB: Office of Management and Budget (OMB); a North Dakota state agency.

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

• SPO Online: a procurement information website maintained by the State Procurement Office pursuant to

N.D.C.C. § 54-44.4-14.

3. Secretary of State Registration Requirements. The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered before the contract award and registration must remain active for the duration of the contract period (N.D.C.C. § 54- 44.4-09.1)

See the OMB Guidelines to Vendor Registry for more information.

Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees. Visit FirstStop, the Secretary of State's business and licensing software, for online form options.

• Check the Business Records database to see if a business is registered.

• Contact Secretary of State's office by email or call 701-328-2900 (choose menu item 2, then option 1).

• If you need to register, fees apply.

• Vendors may need to obtain businesses licenses. See the list of licenses required of businesses in the

State of North Dakota. The link includes information on who to contact, application fees, renewal dates, and the legal reference.

4. 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.

http://www.legis.nd.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/vendor-reg-guidelines.pdf https://sos.nd.gov/business/vendors.html https://sos.nd.gov/firststop.html https://firststop.sos.nd.gov/search/business mailto:sos@nd.gov https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-leadership-and-resources-2 https://www.ndlegis.gov/cencode/t54c44-4.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-05.pdf

The commodity codes used for this solicitation are: 988-07, 988-08

Visit the OMB website for instructions and the online Bidders List Application:

Bidders List Registration Website

For assistance with Bidders List Registration, contact State Procurement Help Desk at 701-328-1728 or infospo@nd.gov.

5. Submission Instructions. Please follow these instructions to submit your Bid Response. Bid Responses must be received by the Procurement Officer by the Bid Response deadline. Bidders assume the risk of the delivery method selected. Late Bid Responses will be rejected.

Email Sealed bids are required; therefore, bids cannot be submitted by email to the Procurement Officer.

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.

IFB #: 988-07-08-25-062-01

IFB Title: Janitorial Services of Medina & Crystal Springs Rest Areas ATTN: Karen Duffy ND Department of Transportation Valley City District 1524 8th Ave SW Valley City, ND 58072

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 be used to determine timely receipt.

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

7. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the

Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

8. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid

Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

9. Bid Response Opening. A public Bid Response opening will be held. The Procurement Officer will hold the Bid

Response opening will be held:

Onsite

• Date: August 19, 2025

• Time: 2:00 PM, C.T.

• Location: ND DOT - Valley City District

1524 8th Ave SW Valley City, ND 58072

10. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid

Responses received and the award. Bid Response results may be posted on SPO Online:

https://www.omb.nd.gov/doing-business-state/procurement/suspended-and-debarred-bidders mailto:infospo@nd.gov http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

11. Bidders List - Suspension and Debarment. Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation. A vendor may be removed from the Bidders List if a solicitation notice is undeliverable. Vendors may be suspended or debarred from the Bidders List for cause. (N.D.A.C. ch. 4-12-05)

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. Multiple Bid Responses. Bidders may submit more than one Bid Response in response to this solicitation. Each

Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

14. Open Records Requests. Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response 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.

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

16. Protests. Protests of the solicitation must be received by the Procurement Officer within seven days before the Bid

Response 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. ch. 4-12-14.)

17. Signature. The Bidder’s authorized representative must provide their printed name, title, and sign the Bid

Response. 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)

18. 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 deadline, so the Procurement Officer can determine whether the specifications need to be amended.

19. 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.

20. 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. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

21. Withdrawal or changes to a Bid Response prior to the Bid Response deadline. 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.

22. Withdrawals or changes to a Bid Response after the Bid Response deadline. After the Bid Response deadline, no changes may be made to 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.

http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf https://www.ndlegis.gov/information/acdata/pdf/4-12-06.pdf?20140130144222 http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 2

EVALUATION AND AWARD

1. 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:

• All or none.

2. Award – Preference Laws. The reciprocal preference law, N.D.C.C.§ 44-08-01, was repealed effective August 1, 2023.

3. Award – Tie Bid Response Preference. If a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. 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. (N.D.C.C. 54-44.4-05.1)

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

4. Late Bid Responses. 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)

5. Responsiveness of the Bid Response. Any Bid Response that does not meet the requirements of the solicitation, other than mistakes determined to be minor informalities, will be rejected. (N.D.A.C. § 4-12-11-03)

6. Minor Informalities. The STATE reserves the right to waive minor informalities in Bid Responses. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the Bid Response document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Bidders. (N.D.A.C. ch. 4-12-10)

7. 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.

8. Responsibility of the Bidder. The Procurement Officer, at any time, may make a supplementary investigation as to the responsibility of any Bidder, even though the Bidder may be on the Bidders List. If a Bidder is determined to be not responsible, that Bid Response will be rejected even if it is the lowest Bid Response, and the Bidder may be debarred or suspended from the Bidders List. (N.D.A.C. § 4-12-11-04)

9. 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 will be rejected if:

a. the Bid Response is determined to be not responsive to the instructions, specifications, and other requirements of the solicitation, other than mistakes or omissions determined to be minor informalities;

b. the Bid Response is determined to be late;

c. the Bidder fails to comply with Bidders List Application requirements by the stated deadline;

d. the Bidder is determined to be not responsible, in accordance with N.D.A.C. § 4-12-11-04;

e. the Bid Response is not legible.

If all Bid Responses are rejected, the Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09) https://www.ndlegis.gov/cencode/t44c08.pdf#nameddest=44-08-02 https://ndlegis.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.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/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. Term of the Contract. The term of the contract issued as a result of this solicitation will be as follows:

a. Contract Period. This Contract term (Term) begins on October 1, 2025, or its Effective Date, and ends on September 30, 2027.

b. No Automatic Renewal. This Contract will not automatically renew.

c. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term.

STATE reserves the right to renew the contract period for an additional period of time, not to exceed 24 months beyond the normal expiration date of the contract, upon mutual written agreement by both parties.

2. Billing Address. After delivery of commodities or services under contract, the CONTRACTOR must submit a correct invoice. Payment will be made after inspection and acceptance. The State will make payments based on a monthly payment schedule. Each billing must consist of a dated invoice submitted to the Valley City District Office by the 19th of each month.

3. Contract Amendment – Unanticipated Amendment. After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. 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 and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4-12-13)

4. 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.

5. Inspection and Acceptance or Rejection. 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 Response 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. If commodities or services are rejected as being not compliant with the requirements of this solicitation, the STATE will inform the CONTRACTOR in writing. The Purchasing Agency may provide the CONTRACTOR with a reasonable opportunity to cure, whenever practicable, as set forth in writing by the Purchasing Agency.

6. Invoicing. Invoices are to be submitted to the NDDOT Valley City District Office by the 19th of the month.

Failure to submit correct invoices to the appropriate NDDOT office may delay contractor payment. Payment will normally be made within 45 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.

7. Pricing – Tax Exempt. All prices must be in United States currency. Bid Response prices must include all discounts and deductions, and to be less federal and state taxes. Bidders may contact the Procurement Officer to obtain the Purchasing Agency’s tax exemption number and tax-exempt certificate.

8. Price Adjustment. Pricing during the term of the contract will be as follows: Pricing, Firm-Fixed with

Adjustment upon Renewal. Pricing shall be firm for the twenty-four (24) months of the Contract. If a Renewal Option is being considered, the CONTRACTOR may request a price adjustment for the twenty-four (24) month renewal period. The request for price adjustment must be made to the Valley City District Office at least forty-five (45) days before the scheduled contract expiration date and must include justification for the proposed change. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf

CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment.

SECTION 4

RISK MANAGEMENT REQUIREMENTS

Bidders are instructed to review the following provisions. Objections to these provisions must be made in writing to the Procurement Officer by the deadline for questions.

1. Indemnification. Indemnification provisions are incorporated and made part of this solicitation and resultant contract.

2. Insurance. Insurance provisions are incorporated and made part of this solicitation and resultant contract.

Bidders are instructed to review the Insurance Requirements. The Successful Bidder will be required to provide the required proof of insurance prior to contract award, and failure to provide evidence of insurance coverage is a material breach and grounds for award rescission. Failure of the CONTRACTOR to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

SECTION 5

BID RESPONSE FORM

BID NUMBER ITB – 988-07-08-25-062-01

Janitorial Services for Medina & Crystal Springs Rest Areas

The offeror proposes to perform janitorial services under this agreement for

Schedule A (October 1 to April 30) at a fee of $_______________________ per month.

The offeror proposes to perform janitorial services under this agreement for

Schedule B (May 1 to September 30) at a fee of $_______________________per month.

BIDDER’S NAME & TITLE ____________________________________________

BIDDER’S SIGNATURE ________________________________________________

BUSINESS NAME ______________________________________________________

DATE _________________________________________________________________

Service Provider: The CONTRACTOR must provide a dedicated service provider to support for this contract. During the contract term, the CONTRACTOR shall notify the Procurement Officer if CONTRACTOR’s service provider changes.

Name:

Address:

City & State & ZIP

Phone Number:

Cell Phone Number:

Toll Free Number:

E-Mail Address:

Fax Number:

BIDDER INFORMATION AND SIGNATURE

By submitting a Bid Response, the Bidder agrees to sell, furnish, and deliver to the STATE all commodities and services contained in this Invitation for Bid for which a contract is awarded by the STATE. The Bidder shall fully perform the contract in accordance with all the specifications, requirements, terms, and conditions, and shall comply with all applicable provisions of the North Dakota Century Code, including chapters 54-44.4, 46-02, and 44-08, and North Dakota Administrative Code Chapter 4-12, made part of the Invitation for Bid and resultant contract by reference.

Written acceptance of the Bid Response by the STATE constitutes a binding contract made and entered into by and between the State of North Dakota, acting through the Purchasing Agency, and the Bidder named below. Written acceptance may be made by execution of a contract, purchase order, or order using a state purchasing card.

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 32-12.2-04.

Bidder/Contractor Name:

Contractor Federal Employer Identification Number (FEIN)

Bidder Street Address/ P.O. Box:

City, State ZIP:

Contact Name:

Contact Title:

Telephone Number:

Email:

Authorized Representative Signature:

Date:

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

The parties to this contract (Contract) are the state of North Dakota, acting through the Purchasing Agency (STATE), and the above-named Bidder (CONTRACTOR). This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of signatures of the parties shall be deemed the Effective Date.

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 32-12.2-04.

Acting through its Purchasing Agency:

BY: (Signature)

Printed Name:

Title:

Date:

SECTION 6

CONTRACT TERMS AND CONDITIONS

1. Scope of Work. CONTRACTOR, in exchange for the compensation paid by STATE under this Contract, shall provide the commodities and services described in this solicitation. The purpose of this proposal is to solicit the services of a provider who will furnish labor, equipment, and such supplies as specified hereinafter in the Contract Maintenance Activities Schedule for the Medina and Crystal Springs Rest Areas, which is part of this proposal and will become part of the contract upon execution, in order to maintain the facilities aforementioned in a manner that will reflect a credit to the State.

On-Site Visit. A pre-proposal conference will be held at 1:30 PM Central time on August 5, 2025, at the Crystal Springs Rest Area located at 4650 Highway I-94 at MP 221. The purpose of the conference is to discuss the work to be performed with the prospective offerors and allow them to ask questions concerning the IFB. Questions and answers will be transcribed and sent to prospective offerors after the meeting. It is recommended that bidders attend the on-site visit prior to the proposal opening to familiarize themselves with the rest area locations and the requirements of this solicitation.

2. Compensation.

a. Contractual Amount

STATE shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed the amount indicated on the Bid Response form (Contractual Amount). The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due CONTRACTOR for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by CONTRACTOR, except as provided by an amendment to this Contract.

b. Payment

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables and work(s) provided under this Contract and CONTRACTOR shall not receive any additional compensation hereunder.

2) STATE shall make payment under this Contract within forty-five (45) calendar days after receipt of a correct invoice.

3) Payment of an invoice by STATE will not prejudice STATE’s right to object to or question that or any other invoice or matter in relation thereto. CONTRACTOR's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by STATE, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute allowable costs. At STATE’s sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to CONTRACTOR.

4) For any amounts that are or will become due and payable to STATE by CONTRACTOR, STATE reserves the right to deduct the amount owed from payments that are or will become due and payable to CONTRACTOR under this Contract.

3. Prepayment. STATE will not make any advance payments before performance by CONTRACTOR under this Contract.

4. Payment of Taxes by State. STATE is not responsible for and will not pay local, state, or federal taxes. STATE will furnish certificates of exemption upon request by the CONTRACTOR.

5. Purchasing Card. STATE may make a payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to STATE.

6. Termination.

a. Termination for Convenience or by Mutual Agreement

This Contract may be terminated by STATE upon thirty (30) days’ written notice to CONTRACTOR. This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest

STATE is entering into this 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 CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority

STATE by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:

1) 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.

2) If federal or state laws or rules are modified or interpreted in 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.

3) If any license, permit, or certificate required by law or rule, or by the terms of this Contract, is for any reason denied, revoked, suspended, or not renewed.

Termination of this Contract under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

d. Termination for Cause

STATE may terminate this Contract effective upon delivery of written notice to CONTRACTOR, or any later date stated in the notice:

1) If CONTRACTOR fails to provide services required by this Contract within the time specified or any extension agreed to by STATE; or

2) If 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.

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.

7. Force Majeure. Neither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God, or war if the event is beyond the party’s reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

8. Works for Hire. CONTRACTOR acknowledges that all work(s) under this Contract is "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to STATE all rights and interests CONTRACTOR may have in the work(s) it prepares under this Contract, including any right to derivative use of the work(s). All software and related materials developed by CONTRACTOR in performance of this Contract for STATE shall be the sole property of STATE, and CONTRACTOR hereby assigns and transfers all its right, title, and interest therein to STATE.CONTRACTOR shall execute all necessary documents to enable STATE to protect STATE’s intellectual property rights under this section.

9. Work Product. All work product, equipment or materials created for STATE or purchased by STATE under this

Contract belong to STATE and must be immediately delivered to STATE at STATE'S request upon termination of this Contract.

10. 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.

11. 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.

12. Independent Entity. CONTRACTOR is an independent entity under this Contract and is not a STATE employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. CONTRACTOR retains sole and absolute discretion in the manner and means of carrying out CONTRACTOR’S activities and responsibilities under this Contract, except to the extent specified in this Contract.

13. Assignment and Subcontracts. CONTRACTOR may not assign or otherwise transfer or delegate any right or duty without STATE’s express written consent, provided, however, that CONTRACTOR may assign its rights and obligations hereunder in the event of a change of control or sale of all or substantially all of its assets related to this Contract, whether by merger, reorganization, operation of law, or otherwise. Should Assignee be a business or entity with whom STATE is prohibited from conducting business, STATE shall have the right to terminate without cause.

CONTRACTOR may enter into subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. CONTRACTOR is solely responsible for the performance of any subcontractor with whom CONTRACTOR contracts. CONTRACTOR does not have authority to contract for or incur obligations on behalf of STATE.

14. Spoliation – Preservation of Evidence. CONTRACTOR shall promptly notify STATE of all potential claims that arise or result from this Contract. CONTRACTOR shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to STATE the opportunity to review and inspect such evidence, including the scene of an accident.

15. Merger and Modification, Conflict in Documents. This Contract, including the following documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Contract. This Contract may not be modified, supplemented, or amended, in any manner, except by written agreement signed by both parties. Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Contract, the documents must control in this order of precedence:

a. The terms of this Contract as may be amended;

b. STATE’s Solicitation Amendments related to this Invitation for Bid;

c. STATE’s Invitation for Bid;

d. CONTRACTOR’s Bid Response submitted in response to this Invitation for Bid.

e. All automated end-user agreements (e.g., click-through, shrink-wrap, or browse-wrap) are specifically excluded and null and void. Clicking shall not represent acknowledgement or agreement to any terms or conditions contained in those agreements.

f. Terms and conditions contained within any documents furnished by the Contractor, including packing slips, shall not supersede the terms and conditions of this contract.

16. Severability. If any term of this Contract is declared to be illegal or unenforceable by a court having competent jurisdiction, the validity of the remaining terms is unaffected and, if possible, the rights and obligations of the parties are to be construed and enforced as if this Contract did not contain that term.

17. 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 http://www.legis.nd.gov/cencode/t44.html

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.

18. 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.

19. 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.

20. Nondiscrimination and Compliance with Laws. 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.)

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.

CONTRACTOR shall have and keep current all licenses and permits required by law during the Term of this Contract.

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

CONTRACTOR represents that it does not and will not engage in a boycotting Israel during the term of this Contract.

If STATE receives evidence that CONTRACTOR boycotts Israel, 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 CONTRACTOR has fewer than ten (10) full-time employees.

CONTRACTOR’s failure to comply with this section may be deemed a material breach by CONTRACTOR entitling STATE to terminate in accordance with the Termination for Cause section of this Contract.

21. State Audit. All records, regardless of physical form, and the accounting practices and procedures of CONTRACTOR relevant to this Contract are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. CONTRACTOR shall maintain all of these records for at least three (3) years following completion of this Contract and be able to provide them upon reasonable notice. STATE, State Auditor, or Auditor’s designee shall provide reasonable notice to CONTRACTOR prior to conducting examination.

22. Effectiveness of Contract. This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of the signatures of the parties shall be deemed the Effective Date.

SECTION 7

Contract Maintenance Activities Schedule & Maps

Medina Rest Area: Westbound Crystal Springs Rest Area: Eastbound

General Guidelines

The purpose of the cleaning schedule is to provide a clean, neat, safe rest stop for travelers. The type and hours of work vary with season and rest area use.

The contractor’s employees are not state employees. However, to the traveler, they do represent the State of North Dakota. They must be courteous and answer any questions they can. If they do not know the answer, they should direct the travelers to call North Dakota Tourism at 1-800 HELLO ND.

The Department of Transportation will make random inspections to ensure cleaning is accomplished as per the schedules.

Dress Code

The contractor’s employees must be dressed neat and clean. All contractors’ employees must be dressed in the company’s uniform and safety vest, Type III.

1. Shirt: A minimum suitable shirt is “T” type shirt with sleeves that cover the shoulders and upper arms and must be pulled down to cover the waist. The shirt must be plain without print or graphics.

2. Pants: Must be full length to the ankle. Shorts, cutoffs, or pants with significant holes in them are not acceptable.

Task Schedules

The task schedules are a suggested minimum. The contractor may increase the frequency at which the tasks are accomplished to achieve the desired level of service.

Schedule A

Effective dates: October 1 to April 30

The following cleaning items need to be done three times a day, 7:00 AM, 11:00 AM, and 5:00 PM. The maintenance items are to be done when necessary.

Cleaning Items

1. Mop floors

2. Clean sinks, toilets, water fountains, hand dryers, and other fixtures

3. Empty waste receptacles, place garbage in dumpster so it does not extend above the top of dumpster

4. Inform NDDOT if garbage overflows dumpster

5. Clean mirrors

6. Clean faucets

7. Pick up litter

8. Fill soap dispensers

The following cleaning items need to be done once each day:

1. Spot clean walls and doors, clean all doors used by the public

2. Clean picnic tables

3. Clean up litter and pet feces

Maintenance Items

1. Repair clogged plumbing, contact NDDOT if necessary for assistance

2. Remove graffiti

3. Remove snow and ice from sidewalks

4. Repair vandalism and report any vandalism to the NDDOT. Contact the NDDOT if necessary for assistance

5. Fill soap dispensers

6. Replace burned out light bulbs

7. Inspect outdoor lighting, report any lights not operating to NDDOT

8. Inspect flags, replace them when they become faded or frayed

The following needs to be done weekly:

1. Mow grass if at least three inches tall. See attached drawings for area to be mowed

2. Clean garbage containers

3. Clean windows inside

4. Clean windows outside if above freezing

5. Clean storage and mechanical rooms

6. Weed landscaping as needed

7. Prune landscaping to maintain trees and shrubs

Schedule B

Effective dates: May 1 to September 30

Cleaning schedule: The contractor shall continuously staff these rest areas between the hours of 7:00 AM and 10:00 PM. One attendant may work at both locations.

Maintenance items are done when necessary.

The following cleaning items need to be done hourly:

1. Inspect bathrooms

2. Remove litter

The following cleaning items are identified by routine inspections of the building and grounds and should be completed immediately:

Cleaning Items:

1. Mop floors

2. Clean sinks, toilets, water fountains, hand dryers, and other fixtures

3. Empty waste receptacles and place garbage in dumpster so it does not extend above the top of dumpster

4. Inform NDDOT if garbage overflows dumpster

5. Fill soap dispensers

6. Clean mirrors

7. Clean faucets

8. Pick up litter

9. Spot clean walls and doors

10. Clean picnic tables

Maintenance Items

1. Repair clogged plumbing, contact the NDDOT if necessary for assistance

2. Remove graffiti

3. Repair vandalism and report any vandalism to the NDDOT. Contact the NDDOT if necessary for assistance

4. Repair burned out light bulbs

5. Inspect outdoor lighting, report any lights not operating to the NDDOT

6. Inspect flags, replace them when become faded or frayed

7. Mow grass, when it becomes three inches tall. See attached drawings for area to be mowed

8. Clean up litter and pet feces

9. Weed landscaping as needed

10. Prune landscaping to maintain trees and shrubs

Painting Schedule

Painting and staining of wood surfaces are to be done annually before May 25th

1. Stain or seal exposed wood surfaces in building

2. Stain or seal exposed wood surfaces on exterior of building

3. Paint, stain or seal picnic tables and shelters

Flags

Flags are to be displayed as directed by the North Dakota Department of Transportation. Flags are to be replaced if they become faded or frayed.

Flags are to be displayed as directed by the North Dakota Department of Transportation. POW/MIA flags will fly on the following dates:

• Armed Forces Day 3rd Saturday in May

• Memorial Day Last Monday in May

• Flag Day June 14th

• Independence Day July 4th

• Patriot Day September 11th

• POW/MIA Recognition Day 3rd Friday in September

• Veterans Day November 11th

Building Repair

Repair of the building, parking lot, and parking lot lights is the responsibility of the North Dakota Department of Transportation. The contractor is to inform the Medina Section staff of any necessary repairs.

Fertilizer and Herbicide Schedule

1. Apply fertilizer and herbicide to the lawn in May and September

2. Fertilize the landscaping plants as necessary

Watering

Water the plants and lawn at a frequency necessary to maintain vegetation.

Supplies

The contractor will provide all cleaning supplies. These products should be used according to the manufacturer’s recommendations.

The Department will provide the following supplies:

Safety vests, Type III Garbage Bags Paper Towels Toilet Paper Light Bulbs Fertilizer Herbicides and Pesticides Paint Stain Sealer State and National Flags Mulch for Landscaping Contractor to obtain these supplies at the district headquarters

Equipment

The contractor is expected to provide their own cleaning and landscaping equipment. This includes but is not limited to:

Mops, buckets, signs, lawnmowers, snow blowers, shovels, brooms and ladders. There is storage available for this equipment. Internal combustion engines, fuels, and other combustibles must be stored in the equipment storage room.

Reporting

The following items need to be reported to the Valley City District headquarters:

1. Notify the District if it becomes necessary to close the rest area for any reason. If the rest area is closed for a period longer than 12 hours, the District will notify Maintenance and Engineering Services Division.

2. Any major maintenance items that are outside of the scope of the contractor’s work.

Emergency Procedures

Lift Station - Crystal Springs Rest Area This rest area has a sewage lagoon. The waste water is pumped to the lagoon with a lift station. The NDDOT will train the contractor in the operation of the lift station. If for any reason the lift station is not operating properly, the contractor shall shut off the lift station and notify the District immediately. The District will then take steps to put the station back into operation.