RFP Document.pdf

STATE OF SOUTH DAKOTA

DEPARTMENT of TRANSPORTATION

700 BROADWAY AVE EAST

PIERRE, SOUTH DAKOTA 57501

Request for Proposal for Cleaning and Care of Spearfish Interstate Rest Area

PROPOSALS ARE DUE NO LATER THAN 04-04-2025 at 11:00 AM CDT

RFP #: 25RFP13946 State POC: Lexi Lassle EMAIL: lexi.lassle@state.sd.us and mark.king@state.sd.us

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FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL:

PRIMARY CONTACT INFORMATION

CONTACT NAME: TELEPHONE NO:

FAX NO: E-MAIL:

mailto:lexi.lassle@state.sd.us

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The South Dakota Department of Transportation wishes to solicit proposals for the maintenance and care of the “Spearfish” single site interstate rest area located on Interstate highway 90 at milepost 1.0.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The Department of Transportation, Division of Operations is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota. The reference number for the transaction is RFP #25RFP13946. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

1.3 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication 03/14/2025 Deadline to Request Proposal 03/28/2025 Proposal Submission 04/04/2025 – 11:00 AM CDT Anticipated Award/Contract Negotiations 04/11/2025 Contract Starts 05/01/2025

1.4 SUBMITTING YOUR PROPOSAL

All proposals must be completed and received in the Department of Transportation, Operations Support Office by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

An original and 1 identical copy of the proposal will be submitted.

All proposals must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected. The sealed envelope should be marked with the appropriate RFP Number and Title. Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL #25RFP13946

PROPOSAL DUE 04/04/2025 11:00 AM CDT

STATE POC Lexi Lassle

DEPT OF TRANSPORTATION

OPERATIONS SUPPORT

700 BROADWAY AVE E

PIERRE SD 57501

No proposal will be accepted from, or no contract or purchase order will be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds.

Where the offeror is unable to certify to any of the statements in this certification, the bidder will attach an explanation to their offer.

1.6 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.8 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.11 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.12 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities. Inquiries must be emailed to Mark King at mark.king@state.sd.us with the subject line “RFP #25RFP13946”.

The Department of Transportation will respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.13 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected.

The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.14 LENGTH OF CONTRACT

The contract is for the 18-month period beginning May 1, 2025, through October 31, 2026.

1.15 GOVERNING LAW

Venue for any and all legal action regarding or arising out of the transaction covered herein will be solely in the State of South Dakota. The laws of South Dakota will govern this transaction.

1.16 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State.

However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals.

Oral presentations will be made at the offeror’s expense.

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal will be evaluated, and each respondent will be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, along with any additional terms and conditions as negotiated by the parties:

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement will commence on May 1, 2025 and end on October 31, 2026, unless sooner terminated pursuant to the terms hereof.

2.3 The terms of the agreement will state whether or not the Contractor will use State equipment, supplies or facilities. If the Contractor will use State equipment, supplies or facilities, the scope and conditions of such use will be clearly indicated in the agreement.

2.4 Unless otherwise negotiated and agreed upon by the parties, The State will make payment in compliance with the Prompt Payment Act, SDCL 5-26 for services provided under the contract.

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents and employees, harmless from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees.

2.6 The Contractor, at all times during the term of this Agreement, will obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor will maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit it will apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1,000,000.00.

C. Business Automobile Liability Insurance:

The Contractor will maintain business automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each accident. Such insurance will include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

The Contractor will procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota law.

Before beginning work under this Agreement, Contractor will furnish the State with properly executed Certificates of Insurance which will clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required.

Contractor will furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor will report any such event to the State immediately upon discovery.

Contractor's obligation under this section will only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor's obligation to report will not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section will not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated as mutually agreed and specified in the Agreement. In the event the

Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for such a default is effected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor will be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing will be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement will be governed by and construed in accordance with the laws of the State of South

Dakota. Any lawsuit pertaining to or affecting this Agreement will be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement will belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement will be in writing and sent to the address set forth above. Notices will be given by and to the State Construction & Maintenance Engineer on behalf of the State, and by ________________, on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties will be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination will be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction will hold any provision of this Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications and representations concerning the subject matter of this

Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

2.20 All work required for maintenance of the Rest Area will be performed by the Contractor or by employees under the Contractor’s supervision. The Contractor is not an employee of the State of South Dakota or the Department of Transportation but is solely an independent Contractor. The Contractor will perform all the duties described in this agreement personally, or by such employees as he or she may designate and deem necessary for the performance of the duties, and will inform any employees hired that they are not employees of the State of South Dakota or the Department of Transportation. The Contractor will be solely responsible for the workmanship of his or her employees and assume liability for their acts as well as any injuries to persons and property arising out of the performance of the Rest Area Maintenance either by the Contractor or any of the Contractor’s employees and will save and hold harmless the State of South Dakota or the Department of Transportation, officers and employees from any claims, actions or suits brought by any person as a result of the negligence of the Contractor or any of the Contractor’s employees.

2.21 The Contractor expressly waives any claim or action against the State of South Dakota or Department of

Transportation for the damage or theft of the Contractor’s equipment or supplies.

2.22 The Contractor will, in no instance, incur an indebtedness in the name of, or on behalf of, the State of South Dakota or Department of Transportation.

2.23 If the State chooses to close down the Rest Area for an extended period of time the State may suspend the Agreement until the Rest Area reopens by providing written notice as mutually agreed and specified in the Agreement. If the Agreement is suspended the Contractor will not be required to perform any of the obligations of the Agreement and will not be compensated for the time the Agreement is suspended.

3.0 SCOPE OF WORK

3.1 The Contractor will perform all requirements as set forth in the South Dakota Department of Transportation’s

Caretaker’s Manual for Interstate Rest Areas. This document is included along with this request for proposal.

3.2 In addition to the requirements outlined in the Caretaker’s Manual for Interstate Rest Areas the Contractor will be responsible for the following.

3.2.1 Plumbing repairs to be made by the Contractor are to include but are not limited to:

3.2.1.1 Remove obstructions from stools, drains, and from sewer lines to the nearest manhole opening.

3.2.1.2 Turn water valves on and off as needed while on duty.

3.2.1.3 Clean and make minor repairs and adjustments to drinking fountains, faucets and valves, and, perform preventive maintenance on water conditioning equipment.

3.2.1.4 At Rest Areas that are served by city or rural water systems, the Region may require the caretaker to make daily readings of the water meter for early detection of leaks.

3.2.2 Electrical Repairs to be made by the Contractor are to include but are not limited to.

3.2.2.1 Remove and install Department furnished electric eye units bulbs, and broken lenses on area lights. (Does not include tower lights)

3.2.2.2 Remove and install Department furnished switches, convenience outlets and cover plates.

3.2.2.3 Remove and install Department furnished bulbs and lenses within and on building structure.

3.2.2.4 Remove and install Department furnished hand dryers.

3.2.2.5 Inspect and if necessary change furnace/air conditioning filters and during summer months wash out air conditioner condenser as needed.

3.2.2.6 Remove and install Department furnished batteries in the Automatic Flush Systems where applicable and adjust the Automatic Flush Systems as needed.

3.2.3 Maintenance of Kiosk and Rest Area Video Surveillance System to be done by the Contractor is to include.

3.2.3.1 Monitor Kiosk daily to see that Kiosk is working and that information on Kiosk is up to date.

Any problems should be reported to the Department.

3.2.3.2 Clean the Plexiglass on the Kiosk weekly with a microfiber towel and water to keep it clean.

3.2.3.3 Other minor adjustments to Kiosk and Video Surveillance System as requested by the

Department.

3.3 The Department will be responsible for performing the following repairs:

3.3.1 Major plumbing repairs to be made by the Department are to include but are not limited to:

3.3.1.1 Broken lavatory unit, water closet, urinal, drinking fountains or mirrors.

3.3.1.2 Ruptured hot water heater or pressure tank.

3.3.1.3 Ruptured or broken water lines or sewer lines.

3.3.1.4 Broken water softening, sanitary or pressure systems.

3.3.2 Major electrical repairs to be made by the Department are to include but are not limited to:

3.3.2.1 Repairs to the heating elements including the controls.

3.3.2.2 Repairs to time clock that controls the indoor and outdoor lights, and exhaust fans.

3.3.2.3 Replacement of lighting fixtures and yard lights.

3.3.2.4 Repairs to the electric hand dryers.

3.3.2.5 Maintenance of the warning light atop the flag pole or on top of the Rest Area building.

3.3.3 All repairs to Kiosk and Video Surveillance System except as defined in 3.2.3

3.4 ANNUAL CLEANING

3.4.1 The Contractor will be responsible for doing a complete cleaning of the rest area and grounds each year by May 15th or before the opening of the Information Centers or as otherwise directed by The Region Engineer: This cleaning will include but is not limited to:

3.4.1.1 Wash bathroom walls and windows

3.4.1.2 Deep clean bathroom walls, floors, stools, urinals, sinks and counter tops with a machine cleaner.

3.4.1.3 Clean all air vents in the building and furnace and exhaust vents outside

3.4.1.4 Repaint entrance and bathroom stall doors as needed

3.4.1.5 Clean and repaint garbage cans and lids

3.4.1.6 Clean lobby windows, walls and floors

3.4.1.7 Clean and repaint picnic tables, benches and shelters as needed

3.4.1.8 Check to make sure outside drinking fountains and water towers at dump stations are operational and clean and repaint as needed.

3.5 GROUNDS

3.5.1 LAWN CARE

3.5.1.1 The Contractor will care for the lawn in accordance with the Caretaker's Manual except that the Contractor will only be required to water the lawn if adequate water supplies exist.

Manual hand watering will be required if the sprinkler system is inoperable, or, if current sprinkler system doesn't cover an area in need of water. The Department will determine when and where watering is needed and notify the Contractor accordingly.

3.5.2 SIDEWALKS

3.5.2.1 In addition to the requirements of the Caretakers Manual, the Contractor is responsible for edging along the walks to prevent the growth of vegetation onto the walkways.

3.5.3 SNOW AND ICE REMOVAL

3.5.3.1 The Contractor is responsible for removal of snow and ice from all areas except the parking areas and driveways. The Department will remove the snow and ice from the parking areas and driveways. Snow and ice will be removed from walks along the entire auto parking area, to the truck parking area, and the main sidewalk leading from parking areas to the building as required in the a.m. and p.m.

3.5.4 LITTER and RECYCLING CONTAINERS

3.5.4.1 The Contractor will be responsible for dumping recycling bins provided by the Department and taking the contents to an appropriate recycling facility. Recycling bins may not be dumped into trash dumpster intended for other garbage (if applicable).

3.5.5 SHELTER BELT MAINTENANCE Any reference to shelterbelt maintenance in the “Caretakers

Manual for Interstate Rest Areas” is withdrawn from the Contractors responsibilities.

3.5.6 MONITOR AND MAINTAIN WATER SUPPLY

3.5.6.1 Monitor and record Cistern gallon levels on record sheet provided.

3.5.6.2 Mix chlorinating solution for disinfecting drinking water.

3.5.6.3 Test chlorine levels with every cistern fill.

3.5.6.4 Take water samples and submit them to laboratory for testing at the Department’s expense.

3.5.6.5 Monitor and maintain chlorinating pump, lines and tank, includes minor repairs to pump and unclogging lines.

3.6 WORK SCHEDULE CONTRACTOR

The Contractor or the Contractor’s employees will be on duty at the Rest Area each day for the duration of the contract for a sufficient period of time to satisfy the requirements of this contract. During the periods from 5/16/2025 through 9/19/2025, and 5/15/2026 through 9/18/2026, or as otherwise agreed to between the Department and the Contractor, the on-duty time will include, at a minimum, three hours prior to 11:00 a.m.

and three hours after 3:00 p.m. or other six-hour period as may be agreed upon between the Contractor and the Region Operations Engineer.

During the remainder of the year, the Rest Area building will be cleaned prior to 10:00 A.M. and will be checked and cleaned as necessary in the P.M. If deemed necessary, the Region Operations Engineer may order a second specific cleaning time.

3.7 DRESS CODE

While on duty at the Rest Area, the Contractor and the Contractor’s employees will wear apparel that presents a uniform appearance with a “REST AREA CARETAKER” emblem affixed to the upper left sleeve or other proper apparel that is approved by the State. Emblems, if needed will be furnished by the State.

When working within the Rest Area grounds and exposed to traffic from the interstate, ramps or parking lot or when exposed to other work vehicles, the Contractor and the Contractor’s employees will wear high visibility ANSI Performance Class 2 safety apparel. Safety vests that meet the Class 2 requirements will be furnished by the State.

3.8 INSPECTION AND REPORTED DEFICIENCIES

The State may inspect the Rest Area once a week or more frequently as needed. A report of that inspection will be made on a form similar to Attachment A to the Agreement. The State will furnish a copy of the report to the Contractor. The State will compile these reports into a monthly report and will provide to the Contractor on a monthly basis.

If during the inspection, deficiencies are noted or if at any time a third party reports a deficiency in the maintenance or care of the Rest Area to the inspector or other State employee, the inspector may, without giving notice to the Contractor, correct the deficiencies at the Contractor’s expense. Actual cost of labor and equipment will be deducted from payments to the Contractor. The performance of this work will be noted on the monthly report and cost will be deducted from the monthly payment to the Contractor.

In addition, the State and the Contractor agree that liquidated damages for failure to satisfactorily maintain the Rest Area are $100 per unsatisfactory rating or per third party reported deficiency up to Six Hundred Dollars ($600.00) per week, and that this amount may be deducted from the monthly payment to the Contractor for the week that the unsatisfactory ratings or third party reported deficiencies are received. An unsatisfactory rating in any six of the thirty-eight individual items will result in an overall unsatisfactory rating for that week (see Attachment A).

If any of the problems causing the unsatisfactory rating or any deficiencies reported by a third party are not fixed in a reasonable time or if the unsatisfactory rating or third party reported deficiencies are a frequent occurrence as decided by the State, the State may terminate the contract in accordance with section 2.10 of the “Standard Terms and Conditions” of this document.

If, during any inspection, the Contractor is found to not be adhering to the dress code, liquidated damages in the amount of Twenty Dollars ($20.00) will be assessed against the Contractor for the week the inspection occurred and will be deducted from the monthly payment to the Contractor.

3.9 EQUIPMENT & SUPPLIES

The Contractor will furnish at the Contractor’s expense pickups or trucks, mowing and snow removal equipment, including shovels, together with gasoline, oil, parts or other material for that equipment and any other equipment necessary for the satisfactory performance of the duties for the normal maintenance and repair to the Rest Area grounds, buildings, equipment and the water, heating and lighting systems. The Department will furnish at its own expense all major repairs, electricity, electric motors, fuel for heating, chlorine for water treatment, water softener salt, and fertilizer, and will be responsible for completing all major repairs except where installation is required by the Contractor, plus any other repair or replacement items not specifically identified as being furnished or accomplished by the Contractor elsewhere in the Agreement. The Department will also supply to the Contractor a reasonable supply of ice melt, soaps, detergents, cleansers, brooms, brushes, mops and like items, paper products and other supplies necessary for the normal maintenance of the Rest Area.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP or the contact listed in 1.12 OFFERER INQUIRIES. Offerors and their agents may not contact any state employee other than the buyer of record or the contact listed in 1.12 OFFEROR INQUIRIES regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record or the contact listed in 1.12 OFFEROR INQUIRIES.

4.3 The offeror may be required to submit a copy of their most recent audited financial statements upon the

State’s request.

4.4 Provide the following information related to at least three previous and current service/contracts, performed by the offeror’s organization, which are similar to the requirements of this RFP. Provide this information for any service/contract that has been terminated, expired or not renewed in the past three years.

a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted;

b. Dates of the service/contract; and

c. A brief, written description of the specific prior services performed and requirements thereof.

5.0 PROPOSAL RESPONSE FORMAT

5.1 An original and 1 copy will be submitted.

5.1.1 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.2 All proposals must be organized and tabbed with labels for the following headings:

5.2.1 RFP Form. The State’s Request for Proposal form completed and signed.

5.2.2 Executive Summary. The one- or two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary.

Proprietary information requests should be identified in this section.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.2.3.2 A specific point-by-point response, in the order listed, to each requirement in the

RFP. The response should identify each requirement being addressed as enumerated in the RFP.

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.4 Cost Proposal. Cost will be evaluated independently from the technical proposal.

Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

See section 7.0 for more information related to the cost proposal.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) will use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

6.1.1 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration;

6.1.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project;

6.1.3 Availability to the project locale;

6.1.4 Familiarity with the project locale;

6.1.5 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

6.1.6 Proposed project management techniques;

6.1.7 Ability and proven history in handling special project constraints; and

6.1.8 Cost.

6.2 Record of past performance is considered subjectively in the evaluation process. Therefore, the offeror is advised to submit any information that documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.3 The contractor's plan for ensuring adequate resources, including personnel and equipment, to perform the requirements of this RFP, will be evaluated. The contractor should provide a detailed plan that demonstrates how they will secure the necessary personnel and equipment to successfully fulfill the contract requirements and duties.

6.4 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

6.5 Award: The requesting agency and the highest ranked offeror will mutually discuss and refine the scope of services for the project and will negotiate terms, including compensation and performance schedule.

6.5.1 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency will, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor.

6.5.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached, or the agency terminates the contracting process.

7.0 COST PROPOSAL

The cost proposal form is included as Attachment B with this request for proposal and will include a yearly total for both years of the proposal and a grand total of the proposal.

DOT 841A ATTACHMENT A

WEEKLY REST AREA PERFORMANCE APPRAISAL

REST AREA CONTRACTOR

WEEK ENDING ___/___/___

1 2 3 4 5 COMMENTS AND/OR REPAIRS

NEEDED

1 - BUILDING INTERIOR:

Doors, windows Walls, partitions Floors, drains Drinking fountain Bulletin board Trash Containers Interior lighting Storage/utility room Other

2 - RESTROOMS: (clean and properly maintained) Counters, sinks Stools, urinals Mirrors Hand dryers, heaters Paper towels, soap Other

3 - WALKS:

Walks Parking area, ramps Curbs & gutters Other

4 - PICNIC AREA: (clean and properly maintained) Tables, benches Shelters Grills, fireplaces Trash containers Other

5 - GROUNDS: (clean and properly maintained) Lawn Shrubs, trees Native area, tree belt Pet exercise area Other

6 - BUILDING EXTERIOR: (clean and in good repair) Exterior lighting Roof, overhangs Entry, building exterior Other

7 - MISCELLANEOUS:

Sewage lagoon Flags, flagpoles Storage sheds Trailer dump station Other

OVERALL RATING: 1=UNSATISFACTORY 2=MARGINAL 3=SATISFACTORY 4=VERY GOOD 5=EXCELLENT

CONTRACTORS PERSONNEL (comments)

WORK TO BE COMPLETED BY STATE FORCES

am INSPECTOR DATE ___/___/___ TIME ____:____pm

DISTRIBUTION: original: file copies: 1-contractor, 1-region

ATTACHMENT B: Cost Proposal

Firm Name: __________________ Address: ___________________

YEAR YEARLY AMOUNT $

GRAND TOTAL of

PROPOSAL