2024DC_IFB_Questions.pdf

STATE OF NORTH DAKOTA

PUBLIC SERVICE COMMISSION

600 EAST BOULEVARD AVE, DEPT 408

BISMARCK ND 58505-0480

SOLICITATION AMENDMENT 1

March 28, 2024

Solicitation Number: 408.24.03.005 Title: 2024 Dakota Collieries AML Project Deadline for Receipt of Bids: April 9, 2024, 10:00 a.m. CT Solicitation Issued: March 4, 2024

The solicitation established a deadline for receipt of written questions. The written questions received by the deadline and their answers are provided below. They do not change the solicitation except where noted.

1. Question: In regard to Invitation for Bid, number 408.24.03.005, 2024 Dakota Collieries AML Project, is an engineer’s estimate available?

Answer: No, an engineer’s estimate was not completed.

2. Question: Can you please clarify the language in the IFB which states an original bid bond should be mailed and again under the electronic submission section it states that no photocopies will be accepted in place of the original. Therefore, if we are submitting a bid electronically are we required to both submit a copy of the bid bond electronically and mail the original?

Answer: That is correct, you can submit your bid response through the State Procurement Online System however, as stated on Page 7, “Bid Bond form in Section 7, certified checks, or cashier’s check must be received by the bid response deadline. Photocopies and faxes will not be accepted in place of the original.” If the bid bond or check is not received by the bid response deadline, the bid will be rejected.

3. Question: In the IFB, section 200 “Scope of Work”, Item C, “Artifact Identification”, a clause is included stating “CONTRACTOR shall provide all materials, equipment, and personnel necessary to perform the specified work. CONTRACTOR shall be capable of completing this project within the performance period. Failure to complete the project within the performance period may result in contract termination or liquidated damages.”

Can you please supply a dollar value for any liquidated damages that may be applied in this case?

Answer: Due to unknown circumstances that would result in contract termination or liquidation, a dollar value for damages cannot be provided. Discovering artifacts is unlikely as this area was previously disturbed by mining. The State Historical Society reviewed the project area and concurred with a determination of “No Historical Properties Affected”.

FOLLOW UP:

4. Question: After reviewing the provided answer to this question, and further review of the IFB by our Contracts Department, North Wind still feels the language included regarding Liquidated Damages to be unclear.

If discovering artifacts in this area is unlikely, and the Liquidated Damages clause is only directly related to item C, “Artifact Identification”, and no monetary value can be assigned for these, would you consider removing that language from the IFB (specific to liquidated damages)?

Answer: The sentence, “Failure to complete the project within the performance period may result in contract termination or liquidated damages,” covers the entirety of the IFB including Section 200 SCOPE OF WORK, not just subsection C, Artifact Identification. This language in the IFB has been provided and approved by the ND State Office of Management and Budget.

We are not allowed to change or revise without the approval of the ND Attorney General. This language will not be removed.

5. Question: What are the design specifications for the well pump?

Answer: The pump should be designed to provide 8 to 10 gallons per minute from a depth of 250 feet.

6. Question: With the current backlog of work for well drillers, would it be possible to delay the well drilling until a later date?

Answer: While we strongly desire to have all construction completed during the performance period, we understand scheduling issues and could extend the contract if necessary. We will require the entire performance bond to be in full effect until the entire project has been completed. I have attached a web link that lists certified well contractors in North Dakota.

https://bwwc.nd.gov/welllink/4dcgi/ContractSearch

7. Question: Does the Commission have a permit for the well?

Answer: NDCC 61-04-02 requires that all water uses except for domestic, livestock, fish, wildlife, and other recreational uses (unless the aforementioned are greater than 12.5 acre-feet per year) apply for a water permit before putting water to beneficial use. This well will produce less than 12.5 acre-feet per day and will be used by livestock. The state of North Dakota does https://bwwc.nd.gov/welllink/4dcgi/ContractSearch require water well contractors to be certified by ND Board of Water Well Contractors under provisions of Chapter 43-35 of the NDCC and applicable regulations.

8. Question: Will 12.5-foot cattle watering tanks be acceptable?

Answer: Yes, 12.5 or 13-foot cattle watering tanks will be acceptable.

9. Question: Can Polyethylene pipe be substituted for PVC?

Answer: Yes, as long as the nominal inside diameter is the same as the PVC pipe and the maximum psi rating meets or exceeds the working pressure of the system, the substitution is acceptable.

10. Question: In reference to the highlighted language from this IFB (see below), does this include weather-related delay costs, such as soil condition issues at the site? Will an extension of the period of performance be granted in the case of weather delays?

Answer: No allowance will be made for any increased expense including weather-related delay costs. The CONTRACTOR should have adequate time to complete the project with some delays from adverse weather. If there are an unusual number of days with adverse weather or poor site conditions caused by the weather, a written request for an extension can be submitted to the Commission’s Project Manager.

11. Question: What level of survey does the state expect from the contractor?

Answer: None. The Commission will perform all surveying for volume calculations.

12. Question: What level of compaction effort and testing is required from the contractor?

Answer: There is no compaction testing for this project. Adequate compaction has been achieved in previous projects from earth-moving equipment operations.

13. Question: Could the state release the landowner’s contact information for water access and general coordination?

Answer: No, but landowner information is publicly available at:

https://www.arcgis.com/apps/webappviewer/index.html?id=8683ecae023c43d1a85343397b949 0e6

Landowner contact information will be given after the project is awarded.

14. Question: Will you be posting the attendee list from the site visit on the SPO website?

Answer: Yes, the attendee list is public information. A scan of the sign-in sheet (PDF) is included at the end of this document.

https://www.arcgis.com/apps/webappviewer/index.html?id=8683ecae023c43d1a85343397b9490e6 https://www.arcgis.com/apps/webappviewer/index.html?id=8683ecae023c43d1a85343397b9490e6