24-002+RFP+-+Campus+Garbage+Dumpster+Services.pdf

RFP No: 24-002 – Campus Garbage/Dumpster Services Due: February 22, 2024 at 3:00 PM CT

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 this notification to NDSCS immediately upon receipt of the RFP documents.

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

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

Request for Proposal No. 24-002 Campus Garbage/Dumpster Services

The initial term of this contract shall be effective for one (1) year with annual renewal.

This contract may be extended up to nine (9) years, ten (10) years total. Rebid for (2034)

RFP Due: February 22, 2024, 3:00 PM CT

This solicitation is posted online at:

https://www.omb.nd.gov/doing-business-state/procurement/solicitations-and-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

Offeror’s Company Name: _____________________________________________________

Address ____________________________________________________________________

Phone _____________________________________________________________________

By (Company Representative) __________________________________________________

Email: _____________________________________________________________________

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

To: Campus Garbage/Dumpster Service Providers

From: Kari Hasbargen

Assistant Director of Facilities Management

Date: January 25, 2024

RE: Request for Proposal No. 24-002 – Campus Garbage/Dumpster Services

Due: February 22, 2024, at 3:00 PM CT

North Dakota State College of Science (NDSCS) is requesting sealed proposals to establish and award a contract to provide pickup and disposal of garbage at the academic, administrative, and student residence halls and apartment complexes at NDSCS Campus, Wahpeton, ND. The initial term of this contract shall be effective for one (1) year, with annual renewal. This contract may be extended up to nine (9) years, ten (10) years total, upon mutual agreement of the Offeror and NDSCS. There will be annual review of the contract at which time Offeror is to provide NDSCS with current pricing. The contract will be rebid for 2034.

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

Only sealed Proposals will be accepted. Electronic and Email Proposals will not be accepted. Proposals must be received before 3:00 PM CT, February 22, 2024.

Envelopes or containers must be marked on the outside envelope “RFP No: 24-002 – Campus Garbage/ Dumpster Services – Attn: Kari Hasbargen”.

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

If the successful Offeror requires NDSCS to sign their own contract, a copy of the contract must be submitted with proposal.

The location of the proposal receipts will be in Conference Room # 116, 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 proposal.

Thank you for your anticipated response to the Request for Proposal.

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

Table of Contents

Table of Contents Section One - Offeror Instructions

1.0 Proposal Documents

1.1 Contact Person, Telephone, E-mail

1.2 RFP Schedule

1.3 Return Mailing Address and Deadline for Receipt of Proposals

1.4 Assistance to Offerors with a Disability

1.5 Deadline for Receipt of Questions and Objections

1.6 Secretary of State Registration Requirements

1.7 Bidders List

1.8 Amendments to the RFP

1.9 Addenda

1.10 Notice Provided

1.11 Letter of Interest

Section Two - Background Information

2.0 College Background Information

2.1 Project Background

2.2 Budget

Section Three - Scope and Schedule

3.0 Purpose of the RFP

3.1 Qualifications

3.2 Scope of Project

3.3 Technical Requirements - Collection

3.4 Price

3.5 Location of Work

3.6 Required Licenses

3.7 Federal Requirements

3.8 References

Section Four - General Contract Information

4.0 Contract Type

4.1 Term of Contract

4.2 Annual Extension of Contract

4.3 Payment Terms

4.4 Purchasing Card

4.5 Pricing

4.6 Consideration

4.7 Taxes and Taxpayer Identification

4.8 Travel

4.9 Time is of the Essence

4.10 Request for Proposal as Part of the Contract

4.11 Security

4.12 Delivery

4.13 Returns

4.14 Post Warranty Repair

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

4.15 Termination of Contract

4.16 Force Majeure

4.17 Indemnification

4.18 Insurance Requirements

4.19 Works for Hire

4.20 Work Product, Equipment and Materials

4.21 Confidentiality

4.22 Inspection and Investigations

4.23 Compliance with Public Records Law

4.24 Independent Entity

4.25 Project Staffing

4.26 Ownership And Publication of Materials

4.27 Assignments and Subcontractors

4.28 Spoliation – Preservation of Evidence

4.29 Severability

4.30 Applicable Law and Venue

4.31 Non-Discrimination

4.32 Audit

4.33 On-Campus Parking

4.34 On-Campus Notification

4.35 Safety Requirements

4.36 Contract Amendment

4.37 Relationship of Parties

4.38 Clery Act Notification

4.39 Access to Records

4.40 Federal Requirements

4.41 Modification

4.42 Notice

4.43 Tobacco Policy

4.44 Binding Contract

4.45 NDUS Contract

4.46 Additional Terms and Conditions

4.47 Standard Contract Provisions

Section Five - Evaluation Criteria and Offer Selection

5.0 Evaluation Criteria and Award

5.1 Supplementary Information

5.2 Prompt Payment Discount

5.3 Award – Tie Proposal Response Preference

Section Six - Proposal Format and Content

6.0 Proposal Format and Content

6.1 Proposal Requirements and Organization

6.2 Required Enclosures

Section Seven - Standard Proposal Information

7.0 Additional Terms

7.1 Supplemental Terms and Conditions

7.2 Authorized 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

7.3 Non-Collusion

7.4 NDSCS Not Responsible for Preparation Costs

7.5 Supplied Materials

7.6 Conflict of Interest

7.7 Offeror’s Certification

7.8 Offer Held Firm

7.9 Amendments to Proposals and withdrawals of Proposals

7.10 Alternate Proposals

7.11 Corrections

7.12 Subcontractor

7.13 Joint Ventures

7.14 Disclosure of Proposal Contents and Compliance with North Dakota Open Records Laws

7.15 Proposal Opening

7.16 Email and Electronic Proposals

7.17 Late Proposals

7.18 Evaluation of Proposals

7.19 Award

7.20 Right of Rejection

7.21 Minor Informalities

7.22 Clarification of Offers

7.23 Discussions and Best and Final Offers

7.24 Negotiations

7.25 Failure to Negotiate

7.26 Prices, Currency

7.27 Pricing (Unit and Total Pricing)

7.28 Taxes

7.29 Specifications, Brand Name or Equivalent

7.30 Specifications, Compliance

7.31 Notice of Intent to Award – Offeror Notification of Selection

Attachment A - NDSCS – Wahpeton, ND Campus Map Attachment B – Current Dumpster Location, Size, and pick-up schedule Attachment C – Current Dumpster Location Map Appendix A - Signature Page Appendix B – Respondent’s Proposal Form Contractor Services Agreement - Draft

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

Section One - Offeror Instructions

1.0 Proposal Documents

It is the sole responsibility to the Offeror to be certain that it has received a full set of the Proposal Documents when preparing to respond. Upon submission of its Proposal, the Offeror shall be deemed conclusively to have been in possession of a full set of proposal documents.

Offerors are expected to examine the entire RFP, including all specifications, requirements, and instructions. Failure to do so will be at the Offeror’s risk.

1.1 Contact Person, Telephone, E-mail

The Purchasing Officer or the Assistant Director of Facilities Management are the point of contact for this RFP.

All Agency communications regarding this RFP must be directed to the Purchasing Officer or the Assistant Director of Facilities Management. Unauthorized contact regarding the RFP with other employees of NDSCS may result in the Offeror being disqualified, and the Agency may also be suspended or disbarred from the state bidders list.

PURCHASING OFFICER: Jen Steinborn

PHONE: 701-671-2428

E-MAIL: jennifer.steinborn@ndscs.edu ASSISTANT DIRECTOR OF FACILITIES MANAGEMENT: Kari Hasbargen E-MAIL: kari.hasbargen@ndscs.edu

1.2 RFP Schedule

This schedule of events represents NDSCS’s best estimate of the schedule that will be followed for this RFP. If a component of this schedule, such as the deadline for receipt of proposals, is delayed, the rest of the schedule will be shifted by the same number of days.

The approximate RFP schedule is as follows:

• RFP Issued: January 25, 2024

• Deadline for receipt of questions and objections related to the RFP: February 8, 2024, 12:00 PM CT

• Responses to questions / RFP amendments (if required): February 13, 2024

• Proposals due by: February 22, 2024, 3:00 PM CT

• NDSCS issues Notice of Intent to Award a Contract approximately: TBD mailto:kari.hasbargen@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

1.3 Return Mailing Address and Deadline for Receipt of Proposals Offerors must submit four (4) hard copies and one (1) digital copy of their proposal in a sealed envelope or package.

Envelopes or packages containing proposals must be clearly addressed as described below to ensure proper delivery and to avoid being opened by NDSCS before the deadline for receipt. Envelopes or packages must be addressed as follows:

RFP OPENING DATE – February 22, 2024, at 3:00 PM CT North Dakota State College of Science Attn: Kari Hasbargen, Assistant Director of Facilities Management 800 6th Street North, Stop 1245 Wahpeton, ND 58076

Proposals must be received by NDSCS at the location specified no later than the date and time specified in the RFP schedule. Proposals will not be publicly read at the opening.

Proposals may not be delivered verbally or by other telecommunication or electronic means. Offerors may fax or electronically transmit signed proposals to a third party who must deliver the proposal to the location indicated above by the date and time designated as the deadline for receipt of proposals.

Offerors assume the risk of the method of dispatch chosen. NDSCS assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual proposal receipt by NDSCS.

An Offeror’s failure to submit its proposal prior to the deadline will cause the proposal to be rejected. Late proposals or amendments will not be opened or accepted for evaluation.

1.4 Assistance to Offerors with a Disability

Offerors with a disability that needs an accommodation must contact the Purchasing Officer prior to the deadline for receipt of proposals so that reasonable accommodation can be made.

1.5 Deadline for Receipt of Questions and Objections

Offerors must carefully review this solicitation, the contract, risk management provisions, and all attachments for defects, questionable, or objectionable material. All questions must be in writing and directed to NDSCS, addressed to the Purchasing Officer, and cite the subject RFP number. The Purchasing Officer must receive these written requests by the deadline specified in the RFP Schedule of Events to allow issuance of any necessary amendments. If no deadline is specified, questions or objections must be received at least 7 days prior to solicitation closing.

This will also help prevent the opening of a defective solicitation and exposure of Offeror's proposals upon which an award could not be made. Protests based on the content of the solicitation will be disallowed if these faults have not been brought to the attention of the Purchasing Officer, in writing, before the time indicated in the Schedule of Events.

If the question may be answered by directing the questioner to a specific section of the RFP, then the Purchasing Officer may answer the question over the telephone. Other questions may be more complex and may require a written amendment to the RFP. The Purchasing Officer will make this determination. Verbal communications are considered unofficial and non-binding on NDSCS. The Offeror must confirm telephone conversations in writing.

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

1.6 Secretary of State Registration Requirements

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

Visit the Secretary of State's Vendor Registration webpage for information on registration requirements and fees.

Visit FirstStop, the Secretary of State's business and licensing software, for online form options.

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

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

• If you need to register, fees apply.

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

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

1.7 Bidders List

Individuals or business entities desiring to be notified of bidding opportunities may apply to be placed on the Bidders List (N.D.C.C. § 54-44.4-09) Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online). Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation (N.D.A.C. § 4-12-05-01). There are no fees to register as a bidder.

The online application form requests contact information for the receipt of solicitation notices. The Bidders List application and SPO Online system use commodity codes to identify categories of goods, services, and information technology.

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

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

1.8 Amendments to the RFP

If an amendment to this RFP is issued it will be provided to all Offerors who were notified of the RFP and to those that have requested a copy of the RFP from the Purchasing Officer.

1.9 Addenda

Any addenda issued for this RFP shall be included in proposal and will be a part of the contract. All addendums must be acknowledged on the outside of the respondent’s proposal envelope or package. If the addendums are not acknowledged on the outside of the envelope, the proposal will not be accepted.

1.10 Notice Provided

Notice of this solicitation has been provided in accordance with N.D.C.C. § 54-44.4-09.

1.11 Letter of Interest

Agencies interested in receiving any notices related to this RFP are invited to contact the Purchasing Officer with the name of their Agency, contact person’s mailing address, telephone number, fax number, and e-mail address.

The sole purpose of the letter of interest is to provide NDSCS with a contact person to receive any notices related to the RFP. Submission of a letter of interest is not a requirement for submitting a proposal.

https://www.omb.nd.gov/doing-business-state/procurement/bidders-list-registration-and-maintenance mailto:infospo@nd.gov

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

Facilities Management Purchasing

Section Two - Background Information

2.0 College Background Information

The North Dakota State College of Science is a comprehensive, associate degree-granting college founded on a tradition of quality and integrity. We deliver learner-focused education through a unique and evolving collegiate experience. Using innovative delivery strategies, NDSCS anticipates and responds to statewide and regional needs by providing access to occupational/technical programs, transfer programs, and workforce training.

At NDSCS, students gain real-world skills working with new technologies and equipment and learning from experts who have gained their experience in the real world. Most importantly, graduates are prepared to jump right into it with a challenging, high-paying and rewarding career.

Founded in 1903, NDSCS is one of the oldest two-year, comprehensive, residential colleges in the nation. The main campus is located in Wahpeton, N.D. A second location, NDSCS-Fargo, is located on 19th Avenue North in Fargo, N.D. A historical timeline of NDSCS can be found at https://www.ndscs.edu/about-ndscs/history.

NDSCS offers associate degrees, certificates and diplomas in traditional career and technical studies as well as the liberal arts. The College also offers a variety of distance education and online courses.

Approximately 97% of 2021 graduates are employed or pursuing additional college education.

It is the commitment of the North Dakota State College of Science to provide quality instruction and service, consistent with the highest standards of education.

Student Life NDSCS offers a complete collegiate experience including outstanding academics, residence halls and a vibrant campus life with student clubs and organizations, fine arts and athletics.

Quick Facts:

• Founded: 1903 (second oldest public two-year college in the country)

• Locations: Wahpeton, Fargo, Online

• Enrollment: 3,140 (fall 2023)

• Student Body: 54.3% men, 45.6% women

• Academic Programs: 100 Career Pathways (38 Associate Degree Options, 8 Diploma Options, 16

Certificate Options)

• Placement Rate: 97% (2021 graduates)

• Activities: 30+ student clubs and organizations

• Athletics: Volleyball, Football, Men's and Women's Basketball, Softball, Baseball

• Nickname: Wildcats

• Financial Aid: Over $16 million awarded to 94% of students

• Housing: 72% of full-time, Wahpeton-based students live on campus

• Alumni: 38,000 active alumni https://www.ndscs.edu/about-ndscs/history

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

2.1 Project Background

NDSCS encompasses 130-acre grounds with on-campus living currently consisting of Approximately 950 students living in 6 residence halls and 3 apartment complexes. NDSCS currently houses 72% of full-time, Wahpeton-based students on campus. The College is host to numerous events throughout the year.

2.1.1 See Attachment A for Campus Map.

2.1.2 See Attachment B for Current Dumpster Location, Size, and pick-up schedule.

2.1.3 See Attachment C for Current Dumpster Location Map.

2.2 Budget

NDSCS has not established a budget for 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

Section Three - Scope and Schedule

3.0 Purpose of the RFP

The North Dakota State College of Science (NDSCS) is seeking a Contractor to provide pickup and disposal of garbage at the academic, administrative, and student residence halls and apartment complexes at NDSCS Campus, Wahpeton, ND.

3.1 Qualifications

The Offeror must have a minimum of 3 years experience completed the specified services in the Scope of Project.

3.2 Scope of Project

The services the selected Offeror will be expected to provide under the contract upon request of NDSCS, will include, but are not limited to, the following:

3.2.1 Provide dumpsters, pick-up, transportation, and disposal of refuse materials at a suitable landfill or transfer station. Dumpsters shall be maintained in good condition, without graffiti and with fully operational and attached lids. Dumpsters that are found to be deficient by either the Offeror or NDSCS shall be replaced and/or refurbished. See attachments A, B, and C for list of current dumpsters, pick-up schedule, and dumpster location map.

3.2.2 Garbage pickup services will include all academic, administrative, student residence halls, and apartment complexes at NDSCS in Wahpeton, ND.

3.2.3 Additional services may be required for on-campus events.

3.2.4 The Offeror will dispose all materials following applicable City, County, State, and Federal laws and regulations and follow established best management practices.

3.2.5 The Offeror shall identify and communicate to the College contact cost-effective means to reduce refuse materials and increase recycling at NDSCS facilities.

3.2.6 Optimize current hauling and garbage disposal to reduce overall waste management system costs.

3.2.7 Offerors are encouraged to offer a service that provides any added value benefits within their proposal along with appropriate backup information. Proposals shall meet all federal, state, and local standards for quality, safety and health requirements. Any products or equipment used in the delivery of the service will be new or in a condition acceptable to the College.

3.2.8 All services not specifically mentioned in this RFP that are necessary to provide the functional capabilities described by the Offeror shall be included in the proposal. NDSCS does not reimburse for additional expenses incurred during the performance of this contract.

3.2.9 Food grease is not included in this request.

3.3 Technical Requirements - Collection

3.3.1 Offeror shall furnish all labor, material, vehicles, dumpsters (including repair services), and any other items or materials necessary to perform the refuse collection services described in this document. In general, the services involve loading and transporting refuse from a refuse collection site to a refuse disposal site.

3.3.2 Offeror shall have access to the collection sites during normal hours of operation to provide the services required in this proposal. If a pick-up site is not available due to an obstruction, the route driver will note the time, a description of the obstruction, and if it is a vehicle, the license number. This

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 information will be relayed by the Offeror’s Contract Manager to the NDSCS contact to correct the problem.

3.3.3 Offeror’s personnel shall make all collections in a quiet, orderly manner and utilize such noise-control procedures and equipment as may be reasonably expected. Loose materials that fall from the containers during pickup shall be cleaned by the Offeror.

3.3.4 The Offeror’s Project Manager (PM) is responsible for providing a direct cell phone number. The PM is required to respond to NDSCS’s needs within three (3) hours after receipt of the call if it is an emergency and within 24 hours for all other requests.

3.3.5 The operations schedule shall also include the Offeror’s route map and schedule of operations. The route map/spreadsheet, or text attached to it, shall clearly show the days of the week (in accordance with the service days contained in Pricing Page) when refuse shall be collected from the facilities covered by this proposal.

3.3.6 Offeror must have all required equipment prior to award. NDSCS may inspect the equipment prior to awarding the contract, as well as during the contract term. Equipment that, in the College’s opinion, is in poor operating condition will not be allowed for use in the performance of the contract.

3.3.7 The Offeror shall provide NDSCS with documentation of dumpsters and services supplied to the College. The Offeror will make corrections for errors such as missed pickups at their expense with no charge to the College.

3.3.8 NDSCS shall maintain and provide Offeror with an updated list of sites for pickup of refuse.

3.4 Price

The price is all-inclusive. North Dakota State College of Science will not be responsible for cost not included in the proposal. The price schedule should include information as follows:

3.4.1 A total price for the campus based on the information in this RFP.

3.4.2 Upfront or scheduled dumpster installment costs.

3.4.3 Any fuel surcharges.

3.4.4 Any other additional fees.

3.4.5 Price per container that is added or subtracted from the base RFP information.

3.4.6 Cost for stops/pickups added or subtracted from the base RFP information.

3.4.7 Other options you may offer.

3.5 Location of Work

The work is to be performed, completed, and managed on the NDSCS Campus, Wahpeton, ND. The Offeror should include in their proposal: transportation, lodging, and per diem costs sufficient to complete the scope of work.

3.6 Required Licenses

At the time specified by the deadline for submission of proposals, the Offeror must have and keep current any professional licenses and permits required by federal, state, and local laws for performance of this contract.

Offerors that do not possess required licenses at the time proposals are due will be determined non-responsive.

3.7 Federal Requirements

The Offeror must identify all known requirements that apply to the proposal, the evaluation, or the contract, including, but not limited to:

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

3.7.1 All digital resources purchased by NDSCS must comply with the standards defined in the Federal Rehabilitation Act, Section 508 and applicable state and federal laws regarding accessibility of digital information for individuals with disabilities.

3.8 References

Offerors must furnish information on similar projects that they have done. References should include the names of contact persons and their phone numbers.

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

Section Four - General Contract Information

4.0 Contract Type

Fixed Price with Adjustment. The contract will be a fixed price contract with adjustment. A fixed price will be established for the scope of work. Any changes to the fixed price will be agreed upon between the parties, and the contract will be amended.

4.1 Term of Contract

The term of this contract will be for one (1) year, with annual review. The contract can be renewed on an annual basis for an additional nine (9) years upon mutual agreement of the parties (10 years total contract). Option for annual renewal will be contingent on (1) mutual agreement to renew, (2) prices at time of renewal, (3) the Offeror’s performance, and (4) quality of product. Any price increases would need to be submitted in advance and include supporting documentation.

4.2 Annual Extension of Contract.

If the Offeror wishes to extend 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, insurance certificate from the Offeror’s insurances agent, and letter of endorsement from the Offeror’s insurance company (not the insurance agent) will be required before a contract extension is issued by NDSCS.

4.3 Payment Terms

Payment will be made within thirty days after receipt of a correct invoice. All invoices and payment inquires must be directed via email to: ndscs.fm@ndscs.edu

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

Prepayment – NDSCS will not make any advance payments before performance by the Offeror under this Contract.

Prompt Payment Discount Terms offered by the Offeror may be taken by NDSCS if payment is made within the specified terms.

4.4 Purchasing Card

Payment will be made with a Purchase/Credit Card and the Offeror agrees to not apply or pass on any additional fee associated with the use of a credit card purchase to NDSCS.

4.5 Pricing

Pricing under this Contract will be as follows:

Pricing, Firm-Fixed with Adjustment Provisions. The total proposal 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 Offeror 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

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 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.

4.6 Consideration

NDSCS agrees to pay the Offeror as follows: within (Thirty) 30 days of receipt of invoices and statement from the Offeror.

4.7 Taxes and Taxpayer Identification

The Offeror will provide its federal employer ID number to NDSCS before any payments will be made by NDSCS.

An Offeror 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 Offeror is required to file returns and pay sales and use tax just as required for contracts with private parties.

An Offeror 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 Offeror. In the case of employees performing the services in the state, the Offeror 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.

4.8 Travel

The Offeror acknowledges travel costs are covered by the Contractual Amount and will not invoice NDSCS for travel costs. Should additional travel be required, it must be agreed upon prior to travel by the Offeror and

NDSCS.

4.9 Time is of the Essence

The Offeror hereby acknowledges that time is of the essence for performance under this contract unless otherwise agreed to in writing by the parties.

4.10 Request for Proposal as Part of the Contract

Part or all of this RFP and the successful proposal may be incorporated into the contract.

4.11 Security

Any security needs deemed necessary by a department or facility must be met by the Offeror, including but not limited to, such things as adding manufacturer security option packages to designated equipment; specialized security alterations to designated equipment; security clearances for drivers, set-up and installation people and service personnel. There may also be a requirement for “no split loads.” Trucks and personnel may be searched at any time while on NDSCS property. The contract shall comply with any and all security requirements as listed here in, and any others deemed necessary by a department or facility.

4.12 Delivery

Equipment must be delivered at no extra cost and is the Offeror’s responsibility to provide any and all required equipment in offloading of the order. Delivery dates will be arranged in advance with the Offeror and the ordering department. The equipment must be delivered and placed in the area requested by NDSCS. The Offeror is responsible for any damage to the building/facility during delivery and installation. The Offeror must confirm the

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 day and time for delivery. Liability of the product will remain with the Offeror until equipment is properly delivered and signed for by NDSCS. The Offeror shall be responsible for the delivery of material in first class condition at the point of delivery and in accordance with good commercial practices. Equipment and accessories furnished will be new and will be guaranteed against any defects due to faulty material and/or workmanship. The Offeror is responsible for cleanup after installation and must dispose of all cardboard trash and packaging materials, etc.

The Offeror will deliver commodities and services ordered under this Contract as follows:

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

4.12.2 Unless otherwise indicated, orders are to ship complete.

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

4.13 Returns

NDSCS shall not accept the delivery of any product that is visibly damaged. Product will be inspected upon receipt of delivery. If a product fails inspection by the receiving facility, the product will be rejected, and the Offeror must replace it immediately at no additional cost to NDSCS.

4.14 Post Warranty Repair

Repair services are a component of this contract and Offerors must be able to provide access to repair and maintenance services through their billing department only for repairs to equipment they have sold. Any Offeror providing service may not add additional fees for processing payments to subcontractors providing the repair service.

4.15 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 the Offeror.

c) Termination for Lack of Funding or Authority. NDSCS by written notice to the Offeror, 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 the Offeror 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.

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

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

vi. NDSCS may also terminate this Agreement if at the end of a State biennial period; the North Dakota State Legislature has not appropriated sufficient funds in the next biennium for the payment(s). The above remedies are in addition to any other remedies provided by law or the terms of the agreement.

d) Termination for Cause. NDSCS may terminate this Contract effective upon delivery of written notice to the Offeror, 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 the Offeror fails to provide services required by this Contract within the time specified or any extension agreed to by NDSCS; or

ii. If the Offeror 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.

iii. 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 Offeror is responsible for delivery of all commodities and services ordered prior to the termination, unless those orders had been canceled by

NDSCS.

4.16 Force Majeure

Neither Party shall be held responsible for delay or default caused by fire, riot, terrorism, pandemic (excluding COVID-19), acts of God, or war if the event was not foreseeable through the exercise of reasonable diligence by the affected Party, 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. If Offeror is the affected Party and does not resume performance within fifteen (15) days or another period agreed between the Parties, then NDSCS may seek all available remedies, up to and including termination of this contract pursuant to its Termination Section, and NDSCS shall be entitled to a pro-rata refund of any amounts paid for which the full value has not been realized, including amounts paid toward software subscriptions, maintenance, or licenses.

4.17 Indemnification

The North Dakota State College of Science (NDSCS) and Offeror 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.

4.18 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 Offeror’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 Offeror who is awarded the proposal will be required to sign a Service Contract prior to starting any work (sample copy is in included with the specifications).

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

4.19 Works for Hire

The Offeror 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

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 the Offeror 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 the Offeror in performance of this Contract for NDSCS will be the sole property of NDSCS, and the Offeror hereby assigns and transfers all its right, title, and interest therein to NDSCS. The Offeror will execute all necessary documents to enable NDSCS to protect NDSCS’s intellectual property rights under this section.

4.20 Work Product, Equipment and Materials

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.

4.21 Confidentiality

The Offeror 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 the Offeror that the Offeror 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 the Offeror to maintain confidentiality of information under this section continues beyond the term of this Contract.

4.22 Inspection and Investigations

NDSCS reserves the right to conduct inspections and investigations related to the Offeror and the 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 requirements and responsibility of the Offeror. 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.

4.23 Compliance with Public Records Law

Under the North Dakota public records law and subject to the Confidentiality clause of this Contract, certain records may be open to the public upon request. Public records may include: (a) records NDSCS receives from Offeror under this Contract, (b) records obtained by either Party under this Contract, and (c) records generated by either Party under this Contract. Offeror agrees to contact NDSCS immediately upon receiving a request for information under the public records law and to comply with NDSCS’s instructions on how to respond to such request.

4.24 Independent Entity

Offeror is an independent entity under this Contract and is not a NDSCS employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act.

Offeror retains sole and absolute discretion in the manner and means of carrying out Offeror’s activities and responsibilities under this Contract, except to the extent specified in this Contract.

4.25 Project Staffing

Prior to start of projects, NDSCS and Offeror will review schedules and required staffing.

The Offeror 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.

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

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 timelines, 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.

4.26 Ownership And Publication of Materials

All material and other information generated under this contract shall be the sole property of NDSCS and such material shall be considered a work for hire under the copyright act. The Consultant has the right to retain copies of the materials or information generated under this Agreement.

4.27 Assignments and Subcontractors

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

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

4.28 Spoliation – Preservation of Evidence.

The Offeror agrees to promptly notify NDSCS of all potential claims which arise from or result from this Contract.

Offeror 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.

4.29 Severability

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

4.30 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.

4.31 Non-Discrimination

The Offeror 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

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

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Patterson Maintenance Center | 701.671.2211 | Fax: 701.671.2148 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.