19-023+ITB+-+Electrical+Work+-+NDSCS+Fargo.pdf

Bid No: 19-023 – Electrical Work – NDSCS Fargo Due: January 23, 2020 at 3:00pm

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148

NOTIFICATION OF RECEIPT

• Email or fax this notification to NDSCS immediately upon receipt of the bid documents.

This notification indicates that your company has received the bid document and will or will not offer a bid response:

Email: Jen Steinborn, jennifer.steinborn@ndscs.edu Fax: 701-671-2148 Questions: 701-671-2428

Invitation To Bid # 19-023 Electrical Work – NDSCS Fargo

Renewal Contract up to four (4) years, five (5) years total Rebid for (2025)

Bid Opening: January 23, 2020, 3:00 PM

This solicitation is posted online at: https://www.nd.gov/omb/vendor, click on bidding opportunities.

Vendors must check this website for any addendums and notices related to this solicitation.

Will your company be submitting a response? ☐ YES ☐ NO

Bidder Company Name: _______________________________________________________

Address ___________________________________________________________________

Phone _____________________________________________________________________

By (Company Representative) __________________________________________________

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

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management

To: Contractors

From: Kari Hasbargen

Business & Procurement Manager

Date: January 2, 2020

RE: Invitation to Bid # 19-023

Electrical Work – NDSCS Fargo

NDSCS is requesting sealed bids to establish and award a Time and Materials contract to provide Electrical Work at the North Dakota State College of Science, Fargo, ND. The bid will be awarded based on Price, Response Time, and Past Performance. Work is not guaranteed, NDSCS will contact the winning bidder as projects arise.

The initial term of this contract shall be effective for one (1) year, with annual renewal. This contract may be extended up to four (4) years, five (5) years total, upon mutual agreement of the contractor and NDSCS. There will be annual review of the contract at which time contractor is to provide NDSCS with current pricing. The contract will be rebid for 2025.

Upon receipt of this ITB, indicate on the “Notification of Receipt” (page 1) if your Agency will be submitting a response to our request and email it to: jennifer.steinborn@ndscs.edu. Please review the complete proposal instructions, specifications, terms, conditions, and the NDSCS Service Contract.

Only sealed bids will be accepted. Electronic, Faxed, and Email Bids will not be accepted. Bids must be received before 3:00 pm, January 23, 2020.

Envelopes or containers must be marked on the outside envelope “Bid No: 19-023 – Electrical Work – NDSCS Fargo – Attn: Kari Hasbargen”.

Please read the enclosed insurance and indemnity requirements in the NDSCS Service Contract that is included with the bid information. Only the bidder(s) awarded the work will be required to sign a service contract and provide proof of insurance, after the bid is awarded and before any work can be done.

The location of the bid opening will be in the Conference Room at the Patterson Maintenance Center, North Dakota State College of Science, 1245 7th Street North, Wahpeton, ND 58076 (This is not the response mailing address).

If you have any questions concerning this proposal, please email, Jen Steinborn, Purchasing Officer at jennifer.steinborn@ndscs.edu

Failure to comply with instructions, and terms and conditions could disqualify your bid.

Thank you for your anticipated response to the bid.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management

INVITATION TO BID

Bid Number:

19-023

Bid Title:

Electrical Work – NDSCS Fargo

Date Issued:

January 2, 2020

Purchasing Officer / Business & Procurement Manager:

Jen Steinborn / Kari Hasbargen

Deadline for Questions:

January 16, 2020 @ 12:00 PM CST

Telephone:

701-671-2428

Bid Opening Date and Time:

January 23, 2020 @ 3:00 PM CST

E-mail:

jennifer.steinborn@ndscs.edu

Completion Date:

TBD

Delivery Location F.O.B (Destination):

1305 19th Avenue North, Fargo ND 58102

You are invited to participate in this Invitation to Bid. Please submit your bid response in conformance with the instruction specified herein.

By submitting a bid response, the bidder agrees and promises to sell, furnish, and deliver to the North Dakota State College of Science all commodities and services contained in this Invitation to Bid for which a contract is awarded by NDSCS. The bidder will fully perform the contract in accordance with the specifications, terms and conditions, and requirements contained in the Invitation to Bid and will comply with all applicable provisions of the North Dakota Century Code Chapters 54-44.4, 46-02, and 44-08, made a part of the Invitation to Bid and contract by reference.

Written acceptance of the bidder’s bid response by NDSCS, by issuance of a purchase order or contract, constitutes a binding contract made and entered into by and between NDSCS and the bidder named below:

Bidder Company Name:

Street Address:

PO Box:

City: State: Zip Code:

Toll Free Telephone:

Telephone: Fax:

Federal ID:

E-Mail:

Type of Business:

If Corporation, State of Corporation:

Type or Print Name of Person Signing:

Title:

Authorized Signature:

Acceptance (for College Use Only) Bid response accepted and contract awarded.

By ______________________________________________________________ Title __________________________________

Signature ________________________________________________________ Date __________________________________

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Mailing Instructions

Mail a complete Invitation to Bid response in a sealed envelope to the address listed below. Bid responses received after the date and time specified on the cover sheet of this Invitation to Bid will be rejected. Address the envelope containing your response in the following manner:

BID No: 19-023 – Electrical Work – NDSCS Fargo BID OPENING DATE – January 23, 2020 at 3:00 pm North Dakota State College of Science Attn: Kari Hasbargen, Business & Procurement Manager 800 6th Street North – Stop 1245

Wahpeton, ND 58076

Bidder Checklist. Have you remembered to:

• Email the “Notification of Receipt.”

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

• Include a copy of your Contractor’s License?

• 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?

• Initial all changes and corrections?

• Submit any required samples or enclosures, if applicable?

• Mark the envelope as indicated above?

• Acknowledge Addendums on outside of package?

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management

Bidder’s Instructions

1. Approved Bidder Registration. Every person or business entity that desires to bid on contracts for commodities and services must be an approved Bidder in order to be placed on the bidders list. Bidders must comply with the bidder registration requirements related to approved bidder registration as set forth in N.D.C.C. 54-44.4-09 and this solicitation:

Bidders Must Be Approved Before Contract Award. Bids will be accepted from bidders who are not currently Approved Bidders for the State of North Dakota; however, the successful Bidder will 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 Approved Bidder 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. The successful Bidder must register and become approved within sixty calendar days or shorter time specified in writing by the purchasing agency from the date of the Notice of Intent to Award. The bid may be rejected if the bidder fails to register within the specified time period.

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.

2. Definitions.

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

• Bid Results a summary of all bid responses received and the award results

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

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

• Solicitation the process of notifying prospective bidders that NDSCS wishes to receive bids for furnished goods and services.

3. Bid Examination, Questions, & Clarifications. Bidders are expected to examine all the specifications, and follow all instructions.

All questions and requests for clarification regarding this solicitation must be addressed to the Purchasing Officer, Jen Steinborn, jennifer.steinborn@ndscs.edu. The requirements of this solicitation can only be altered by written amendment of the solicitation.

Verbal communications from whatever source are of no effect. Questions must be received by the deadline specified on the cover sheet to allow the Business & Procurement Manager to issue any needed amendments in sufficient time before the bid opening date.

4. Additional Terms. Any additional or different terms or conditions which may appear in any other communication from bidder are hereby expressly objected to and shall not be effective or binding unless specifically agreed to in writing by NDSCS and no such additional or different terms or conditions in any printed form of bidder shall become a part of this Contract despite NDSCS’s acceptance of goods or services unless such acceptance specifically, in writing, recognizes or assents to their inclusion. A mere signature by NDSCS on a purchase order or other document provided by bidder in the performance of this Contract does not constitute acceptance by NDSCS of the terms and conditions of such document.

5. Assistance to Bidders with a Disability. Bidders with a disability that needs an accommodation must contact the Purchasing Officer prior to the deadline for receipt of bids so that reasonable accommodation can be made.

6. Contact Person. Purchasing Officer, Jen Steinborn, jennifer.steinborn@ndscs.edu

7. Bid Submittal and location. Bids shall be submitted to the North Dakota State College of Science Purchasing Office, per mailing instructions provided in this solicitation, prior to the bid due date and time. Envelopes or containers in which bids are submitted shall be plainly marked, with the name, number and time of the bid listed. Bid prices must include and freight charges for delivery to NDSCS Wahpeton ND (F.O.B. Destination).

8. Fax, Email, and Electronic bids. Fax, email or any other form of electronic bids WILL BE REJECTED. Bids may be faxed or emailed to a third party who will put it in a properly-addressed envelope and deliver it to NDSCS before the date and time specified in the solicitation.

mailto:jennifer.steinborn@ndscs.edu

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148

9. Bid Held Firm. Bids are not awarded at the bid opening. Bid responses will be firm for 90 days, unless otherwise specified by the Business & Procurement Manager in writing.

10. Bid Opening. All bids received by the time and date of the bid opening will be publicly opened by the Business & Procurement Manager at the location indicated on the cover letter of this solicitation. Interested parties are invited to attend the bid opening.

11. 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 acceptance by the Purchasing Office.

12. Late Bids. It is the bidder’s responsibility to ensure that a bid response is physically deposited with NDSCS prior to the date and time specified for the opening. Late bid responses will not be opened and will be rejected regardless of the degree of lateness or the reason.

13. Right of Rejection. NDSCS reserves the right to reject any and all bids in whole or in part. Bids received from debarred or suspended vendors will be rejected. The Purchasing Office may reject any proposal that is not responsive to all of the material and substantial terms, conditions, and performance requirements of the bid. NDSCS also reserves the right to refrain from making an award if it determines it to be in its best interest.

14. Minor Informalities. NDSCS 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 document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other bidders.

15. Multiple Bids. Bidders may submit more than one bid in response to this solicitation. Each bid must be submitted separately and must comply in all aspects with the bid requirements and these instructions.

16. Addenda. Any addenda issued during bidding time shall be included in the bid response and will be a part of the contract.

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

18. Packaging. All commodities and equipment are to be delivered and packaged strongly and securely according to accepted commercial practices.

19. Prices, Currency. All prices must be in United States currency.

20. Pricing (Unit and Total Prices). The unit price is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail.

21. Review of the Bids. After the bid opening, bids become subject to North Dakota open records laws. Interested parties may request public information and make arrangements to review the bid file by contacting the Purchasing Office during normal working hours, between 7:45 a.m. and 4:45 p.m., Monday through Friday, excluding holidays.

22. Signature. The Bidder submitting the bid response or that Bidder’s duly authorized agent or representative must sign the bid response manually in ink. The name and title of the person signing the bid response must be typed or printed below the signature.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148

23. Specifications, Compliance. All bids submitted in response to this Invitation for Bid 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 contact the Purchasing Officer in writing as soon as possible, so the Business & Procurement Manager can determine whether the specifications need to be amended.

24. Taxes. NDSCS is not responsible for and will not pay local, state, or federal taxes. NDSCS sales tax exemption number is E-5417.

NDSCS will furnish certificates of exemption upon request by the Contractor.

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

26. Withdrawals after the bid opening date and time. After the 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 Executive Director of Facilities Management and the Business & Procurement Manager of Facilities Management. Bidders repeatedly withdrawing bids after the opening date may be removed from the State bidders list.

27. Notification of Award of Contract/Purchase Order. This contract or purchase order will be awarded to the responsible Bidder whose bid, conforming to the invitation for bids; will be most advantageous to the North Dakota State College of Science. Price, training options, warranty, past performance and other factors will be considered. Assigned purchase order or contract furnished to the successful Bidder results in a binding contract without further action by either party. Suppliers not in attendance of the bid opening and wishing to know the results can view them on the ND State Procurement Office website, email Jennifer.steinborn@ndscs.edu or include with their bid, a sheet with a request to be notified. The sheet should list the contractor’s contact person, phone, fax, and email address (if available).

28. Negotiation. NDSCS reserves the right to award a contract based on the initial responses received, without engaging in discussions or negotiations. Accordingly, a Bidder should submit its initial Bid on the most favorable terms possible to NDSCS. However, should only one Bid be received by NDSCS, NDSCS may, but is not obligated to conduct negotiations with this Bidder whose Response, in the opinion of NDSCS, is competitive or may best meet the needs of NDSCS.

NDSCS may, but is not obligated to, seek clarification of a Response submitted by a Bidder.

If NDSCS chooses to negotiate, negotiation may involve any issue bearing on the Response and may take place after submission of response and before an award is made. NDSCS reserves the right to follow negotiations with a request for submission of a Best and Final Offer.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management

General Contract Terms and Conditions

1. Bidder Qualifications. NDSCS may request references and qualifications for the Bidder and employees working on college projects. The successful Bidder will be required to show proof on insurance and sign a NDSCS service contract before work can begin. The Bidder will be required to furnish a statement from ND Tax Commissioner’s Office that the Bidder is current on all taxes.

2. Award. Award will be made to the responsible Bidder with the lowest priced bid that is responsive to the specifications and all other requirements stated herein. Award will be made as follows:

a) All or none.

3. Payment Terms. 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 invoices and payment inquiries must be directed via email to:

NDSCS Facilities Management:

ndscs.fm@ndscs.edu

Or mailed to:

North Dakota State College of Science Attn: Facilities Management 800 6th Street North – Stop #1245 Wahpeton, ND 58076-0001

Prepayment NDSCS will not make any advance payments before performance by Contractor under this Contract.

4. Pricing. Pricing under this Contract will be as follows:

Pricing, Firm-Fixed with Adjustment Provisions. The total bid price is to include all discounts and deductions, and is to be less federal and state taxes, for which exemption certificates will be furnished upon request. Pricing will be firm for the first 12 months of the Contract period, after which time the Contractor may submit a request for a price increase to the Purchasing Officer. Requests for a price increase or decrease must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. NDSCS reserves the right to accept or reject, within 30 days, or cancel the Contract. The price changes will become effective as set forth in a written amendment to the Contract. All shipments are to be billed at prices in effect at the time of the order, not the date the shipment is made.

5. Taxes and Taxpayer Identification. The Contractor will provide its federal employer ID number to NDSCS before any payments will be made by NDSCS.

A Contractor performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on material and supplies used or consumed in carrying out contracts. In these cases, the Contractor is required to file returns and pay sales and use tax just as required for contracts with private parties.

A Contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the Contractor. In the case of employees performing the services in the state, the Contractor is required to withhold state income tax from the employees' compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit its web site for more information.

6. Purchasing Card. NDSCS may make a payment using a NDSCS purchasing card. Contractor will accept a NDSCS purchasing card without passing processing fees for the NDSCS purchasing card back to NDSCS.

mailto:ndscs.fm@ndscs.edu

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148

7. Time is of the Essence. Contractor hereby acknowledges that time is of the essence for performance under this Contract unless otherwise agreed to in writing by the parties.

8. Term of Contract. This Contract begins: TBD.

a) Renewal Option. NDSCS may renew this Contract upon satisfactory completion of the initial Contract term. NDSCS reserves the right to execute up to 4 options to renew this Contract under the same terms and conditions for a period of 12 months each.

9. Termination of Contract.

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) Early Termination in the Public Interest. NDSCS is entering into this Contract for the purpose of carrying out the public policy of the North Dakota State College of Science, as determined by its governor, its legislative assembly, the State Board of Higher Education, and its courts. If this Contract ceases to further the public policy of NDSCS, in its sole discretion, NDSCS may terminate this Contract in whole or in part by written notice to Contractor.

c) Termination for Lack of Funding or Authority. NDSCS by written notice to Contractor, may terminate the whole or any part of this Contract 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.

ii. 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.

iii. 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.

iv. Further, continuation of this Contract beyond June 30 of any odd-numbered year is contingent on continued legislative appropriation of funds for the purposes of this Agreement. If those appropriations are not forthcoming, NDSCS will notify Contractor as soon as possible and the Contract will terminate on June 30 of that year. NDSCS will not be penalized or incur any liability because of termination of this Contract as provided in this subsection.

v. 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. NDSCS may terminate this Contract effective upon delivery of written notice to Contractor, or any later date stated in the notice:

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. If Contractor fails to provide services required by this Contract within the time specified or any extension agreed to by NDSCS; or

ii. 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 NDSCS provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

e) Termination, Deliveries. If the Contract is terminated for any reason, the Contractor is responsible for delivery of all commodities and services ordered prior to the termination, unless those orders had been canceled by NDSCS.

10. Indemnification. The North Dakota State College of Science (NDSCS) and Contractor each agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorneys' fees which may in any manner result from or arise out of this agreement.

11. Insurance Requirements. See the attached sample service contract for full and liability insurance requirements.

a) Copy of proof of general liability insurance and automobile liability coverage is required from the insurance agent listing NDSCS as an “additional insured.”

AN “ADDITIONAL INSURED” ENDORSEMENT IS REQUIRED. The Contractor’s local insurance agency must furnish a certificate of insurance. The INSURANCE Company that provides the insurance (not the local agency) must provide an endorsement to NDSCS prior to the start of the work.

b) The Contractor who is awarded the bid will be required to sign a Service Contract prior to starting any work. (sample copy is in included with the specifications).

c) Winning contractor is responsible for working with the City of Wahpeton for license/permit requirements.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148

12. Force Majeure. Neither party will 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.

13. Works for Hire. Contractor acknowledges that all work(s) under this Contract is a "work(s) for hire" within the meaning of the United States Copyright Act (Title 17 United States Code) and hereby assigns to NDSCS 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 NDSCS will be the sole property of NDSCS, and Contractor hereby assigns and transfers all its right, title, and interest therein to NDSCS. Contractor will execute all necessary documents to enable NDSCS to protect NDSCS’s intellectual property rights under this section.

14. Work Product. All work product, equipment, or materials created for NDSCS or purchased by NDSCS under this Contract belong to NDSCS and must be immediately delivered to NDSCS at NDSCS’s request upon termination of this Contract.

15. Confidentiality. Contractor will not use or disclose any information it receives from NDSCS under this Contract that NDSCS 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 NDSCS. NDSCS will not disclose any information it receives from Contractor that Contractor has previously identified as confidential and that NDSCS 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 NDSCS and Contractor to maintain confidentiality of information under this section continues beyond the term of this Contract.

16. Inspection and Investigations. NDSCS reserves the right to conduct inspections and investigations related to the Contractor and offered commodities or services, including but not limited to the firm, its facility, personnel, qualifications, and the commodities and/or services offered to make determinations regarding compliance with the Contractor requirements and responsibility of the Contractor. All material and workmanship will be subject to inspection and testing by NDSCS either at the point of manufacturer, place of storage, or upon receipt.

17. Compliance with Public Records Law. This Contract is subject to North Dakota’s public records law.

18. Independent Entity. Contractor, its employees, agents, and representatives under this Contract are not NDSCS employees 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. No part of this Contract shall be construed to represent the creation of an employer/employee relationship.

19. Project Staffing. Prior to start of projects, NDSCS and Contractor will review schedules and required staffing. A journeyman or master level worker must be at the work site while work is being performed. If the type of work or trade does not have a “licensed journeyman or master” certification, proof of experience or a trade certification must be shown for workers on NDSCS projects.

The Contractor will provide a list of all Registered Sex Offenders that will be working on NDSCS property prior to the start of the project. NDSCS reserves the right to restrict the access of individuals, registered as sex offenders, to NDSCS buildings & NDSCS property.

NDSCS reserves the right to approve or disapprove of workers assigned to perform work. The owner expects quality work and work to be expedited in a timely and efficient manner. Consideration will be given to past performance, ability to meet time-lines, general cooperation, knowledge and expertise of those individuals who will be part of the project team. SKILLS

ASSOCIATED WITH THE VARIOUS TRADES LEVEL MUST BE COMPARABLE TO THAT LEVEL. OWNER

RESERVES THE RIGHT TO EVALUATE WORKER PERFORMANCE AS RELATED TO THE SKILL LEVEL.

20. Assignments and Subcontracts. The Contractor may not assign or otherwise transfer or delegate any right or duty without

NDSCS’s express written consent. 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

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148 responsible for the performance of any subcontractor. The Contractor will not have the authority to contract for or incur obligations on behalf of NDSCS.

21. Tools and Equipment. The Contractor shall furnish standard trade hand tools. The hourly labor rate shall have standard trade hand tools and shop overhead expenses included. Other special equipment required which may be rented and charged back or furnished by NDSCS shall require prior approval. The Contractor is responsible for paying any applicable taxes (sale, use, excise, etc.) on rentals of equipment.

22. Hardware and Supplies. Contractor will identify order and furnish required supplies. The Project Coordinator will verify project materials required with all trades and contractor prior to scheduling of project. The Contractor is responsible for paying any applicable taxes (sale, use, excise, etc.) on supplies and materials.

23. Delivery. The Contractor will deliver commodities and services ordered under this Contract as follows:

a) Delivery is required by the date indicated on the cover sheet of this solicitation.

b) Unless otherwise indicated, orders are to ship complete.

If delivery requirements cannot be met within the specified time, the Contractor must notify NDSCS in writing of the delay and the approximate date delivery may be expected.

24. Spoliation – Preservation of Evidence. Contractor agrees to promptly notify NDSCS of all potential claims which arise from or result from this Contract. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant NDSCS the opportunity to review and inspect such evidence, including the scene of the accident.

25. Severability. If any term of this Contract is declared by a court having jurisdiction to be illegal or unenforceable, 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 the Contract did not contain that term.

26. 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 brought in the Southeast Judicial District Court of Richland County, North Dakota.

NDSCS does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution.

NDSCS does not waive any right to a jury trial.

27. Non-discrimination and Compliance with Laws. The Contractor agrees that under State and federal law, no part of this Agreement shall be performed in a manner which illegally discriminates against any person on the basis of age, color, gender identity/expression, genetic information, marital status, national or ethnic origin, mental or physical disability, public assistance status, race, religion, sex, sexual orientation, familial or parental status, status as a U.S. veteran/service member, or participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business related interests of the employer. This non-discrimination statement applies to all phases of NDSCS’s employment process, admissions, financial aid programs and all other aspects of its educational programs and activities.

Furthermore, this non-discrimination statement applies to sexual harassment and sexual violence (forms of sexual discrimination) if such conduct has a negative effect on an individual’s educational or work environment, regardless if such conduct occurs on or off campus.

28. Federal Requirements. The Bidder must identify all known requirements that apply to the ITB, the evaluation, or the contract, including, but not limited to:

a) All digital resources purchased by NDSCS must comply with the standards defined in the Federal Rehabilitation Act, Section

508.

29. Audit. NDSCS will have full access at all times to all of the Contractor's records, regardless of physical form, related to this

Contract. Contractor will maintain all such records for at least three years following completion of this Contract.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148

30. On-Campus Parking. All Contractors, delivery persons, and vendors parking on campus are required to obtain a NDSCS parking permit while conducting business at NDSCS. It is the responsibility of the Contractor to have its driver’s park legally and obey all parking restrictions on campus.

31. On-Campus Notification. The Contractor shall keep NDSCS informed of where the Contractor will be while on campus and when the Contractor will be on campus, including date(s) and arrival and departure times. Contractors may contact NDSCS Facilities Management by phone 701-671-2313, email ndscs.fm@ndscs.edu, or by stopping at the Patterson Maintenance Center, 1245 7th St N, Wahpeton, ND.

32. Safety Requirements. The Contractor shall keep informed of and comply with all federal, state, and local laws, regulations, and other legal requirements governing the safety, health, sanitation, and performance of the contract in general. In addition, the Contractor shall provide, inspect, and maintain all safeguards, safety devices, protective equipment, safety programs, and other needed actions the Contractor determines necessary to reasonably protect the life, health, and property of the Contractor, subcontractors, State, public and each of the employees, officers, assigns, and agents of the Contractor, subcontractors, and State, in connection with the performance of work resulting from or arising out of the contract.

NDSCS will advise the contractor if the Contractor is required to submit a copy of their written safety program to be used as guidelines and direction for the Contractor's and subcontractors' activities. This program must meet all federal, state and local laws, regulations and other legal requirements and include the following minimum provisions: (1) a worksite safety policy and mission statement; (2) assigned responsibilities among management, supervisors and employees; (3) a system for periodic self-inspections, including inspections of job sites, materials, work performance and equipment; (4) a thorough accident and injury reporting and investigation process; (5) a safety orientation program including first aid, medical attention, emergency facilities, fire protection and prevention, housekeeping, illumination, sanitation, personal protective equipment, and occupational noise exposure; and (6) a safety training program including safety "tool box" meetings and other systems for ongoing training and also including training for employees on the recognition, avoidance and prevention of unsafe conditions.

It will be a condition of the Contract, and shall be made a condition of each subcontract entered into pursuant to that Contract, that the State is assuming no liability relating to its receipt and review of the Contractor's safety plan or activities. Safety remains the responsibility of the Contractor. Furthermore, the right of the State to receive and review the safety plan or activities shall not give rise to a duty on the part of the State to exercise this right for the benefit of the Contractor or any other person or entity.

33. Contract Amendment. Any changes to this Contract (i.e. substitution of product or a price adjustment) will require the prior written approval of each party.

34. Binding Contract. After the bid has been awarded, a contract, purchase order, or P-Card will be issued between the Contractor and NDSCS. Any oral agreement or arrangement by a Contractor with a NDSCS employee will have no force or effect unless reduced to writing. NDSCS reserves the right to negotiate, in the Service Contract, the hourly rates and material costs be to applied in the event of any change orders.

35. Point of Contact. The Contractor must provide a dedicated point of contact to provide support for this contract. The Contractor shall provide the name and contact information for the contact person. During the contract period, the contractor shall notify the Purchasing Officer in the event the Contractor’s point of contact changes. (See Bid Response Sheet.)

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management

Special Contract Terms and Conditions

1. Award of Bid, Contractor Ranking and Individual Project. Award will be made within five working days after bid opening.

Contractors will be ranked by 1st and 2nd place. The first ranked contractor will be contacted for all projects first. If the first rank contractor is not available, or does not have the ability to do the work needed, the contractor must notify the NDSCS Project Manager in writing (fax or email is acceptable). NDSCS will contact the next highest ranked contractor able to do the project. All contractors doing work for the college must have signed a service agreement and furnish proof of insurance prior to any work being done.

2. Special Project Skills, Equipment and Use of Other Contractors. NDSCS reserves the right to use another contractor or more than one contractor if the selected contractor firm is not available or is not capable of completing a project in the time frames required. Any current projects already in progress will be finished out by issued contractor. NDSCS reserves the right to use any contractor when a project or part of a project, requires specific or special skills and/or equipment. NDSCS reserves the right to use the next ranked contractor if the 1st ranked contractor does not provide a response or quote within 3 business days or NDSCS will move forward with next ranked contractor. NDSCS may use next ranked supplier if workmanship is poor and/or code violations exist with documentation. NDSCS may obtain additional quotes from other ranked contractors and NDSCS has the right to refuse a contractor ranking order if deemed necessary, example: pricing / timeline. NDSCS reserves the right to provide contractor with owner supplied materials as mutually agreed.

Contractors are ranked by 1st and 2nd place. The first ranked contractor will be contacted for all projects first. If the first rank contractor is not available, does not have the ability to do the work needed, the contractor must notify the NDSCS Project Manager in writing (email is accepted).

If the requested contractor is non responsive to our request within 3 business days NDSCS will contact the next highest ranked contractor able to do the project. All contractors doing work for the college must have signed a service agreement and furnish proof of insurance prior to any work being done. NDSCS has the right to refuse contractors ranking order if deemed necessary NDSCS may obtain additional quotes from other ranked contracts. If ranked contractors do not furnish a signed Service Contract and insurance documents, they will forfeit their ranking.

3. Annual Extension of Contract. If the Contractor wishes to extend the contract for another year, they must submit new annual pricing no later than 30 days before the contract expiration date. A new signed NDSCS service contract and insurance certificate from the Contractor’s insurance agent and letter of endorsement from the Contractor’s insurance company (not the insurance agent) will be required before a contract extension is issued by NDSCS.

4. Records. The Contractor shall maintain accurate records of hourly duties performed on campus projects on a daily basis. Project reviews with the Facilities Management will take place as needed.

5. Monthly Billing. The Contractor is required to submit a detailed, invoice for projects, including a breakdown of labor charges with purchase order number. Payments for large projects that take more than a month will be discussed with NDSCS before the start of the project and a payment schedule will be agreed upon by the Contractor and NDSCS. The invoice must include a breakdown of master, journeyman and apprentice labor charges. The North Dakota State College of Science may use a purchasing card to place an order and make payment. The supplier/vendor will accept a purchasing card without passing the processing fees for the purchase card back to the North Dakota State College of Science.

6. Samples. NDSCS reserves the right to request samples of any or all items bid as alternates. The bidder must provide these samples to the Purchasing Office within ten (10) days of the request at no charge to NDSCS. These samples are non-returnable. Failure to comply may be cause for rejection of bid.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management

Detailed Specifications

Scope of Work.

North Dakota State College of Science is seeking a Contractor to furnish labor & materials for required electrical work for the NDSCS Fargo Campus.

Location.

North Dakota State College of Science - Fargo, 1305 19th Avenue North, Fargo ND 58102.

Schedule.

1. A pre-construction meeting may be required with the NDSCS Project Manager prior to start of work.

2. Work shall be scheduled as budget allows or need requires. Volume is not guaranteed.

3. NDSCS will review starting and completion dates for each project with contractor.

4. Work schedule must be coordinated around NDSCS’s major events.

5. The award of bid may hinge on contractor’s commitment to comply with NDSCS schedules.

6. In the event of schedule conflicts on a specific job, NDSCS may need to work with other contractors.

7. Bid price shall extend through the ensuing school year for emergency work.

Conditions.

1. Work must be inspected by NDSCS Project Manager.

2. All work should be performed in a neat and workman like manner. Any and all cleanup of debris and material is the responsibility of the awarded Contractor. Any security clearance or other procedures to follow will be arranged with NDSCS Facilities Management.

3. Contractor may use the facilities’ restrooms, provided cleanliness is maintained.

4. Work to be performed during normal working hours (7:45 AM – 4:45 PM) Monday – Friday. Extended work hours must be approved by NDSCS Project Manager.

5. Before starting any project, contractor must inform NDSCS personnel that they have arrived on campus.

Minimum Qualifications.

Bidders must include a minimum of three (3) references.

Evaluation and Award.

Bid responses will be evaluated and awarded based on Price, Response Time, and Past Performance.

North Dakota State College of Science • 800 Sixth Street North • Wahpeton, ND 58076-0002 • 1.800.342.4325 • www.ndscs.edu

Facilities Management Purchasing

Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148

BID RESPONSE SHEET #19-023

(Bids should be submitted on this form)

Company Name: ______________________________________________________

Bids should be submitted on this form. All information must be completed in its entirety by the bidding companies. All prices must be bid FOB North Dakota State College of Science.

Bids will be evaluated and awarded based on Price, Response Time, and Past Performance.

Vendors MUST acknowledge any addendums on the outside of their response package.

Price.

Billable Service Rate per hour: $_________________________________________________________________________________

• If travel and per diem or other fees apply, include the fees in your labor rates.

• Listed Rates are to include standard tools associated with trade.

Response Time and Schedule.

What is your response time when NDSCS makes a call to your company? ________________________________________________ (If the requested contractor is non responsive to our request within 3 business days NDSCS will contact the next highest ranked contractor able to do the project.)

Are you able to comply with NDSCS’s schedules? ___________________________________________________________________

Materials. Cost + 10 % Please list any items on a separate sheet with your bid for the non-standard building materials. Please state your current cost plus the 10% markup. State if your price is good for one year or if the prices are subject to adjustment during the next year. The prime contractor can mark-up subcontractor’s work by 5% and subcontractor’s themselves can mark up to 10%.

Successful bidder must ensure all workmanship meets NDSCS’…