ITB+-+25-003+-+General+Const+Services+-+Far.pdf

Bid No: 25-003 – General Construction Services – Fargo Due: September 11, 2025, 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

NOTIFICATION OF RECEIPT

• Email 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 Questions: 701-671-2428

Invitation To Bid # 25-003 General Construction Services – Fargo

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. Rebid for (2030)

Bid Opening: September 11, 2025, 3:00 PM CT

This solicitation is posted online at:

https://www.omb.nd.gov/doing-business-state/bidders

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.omb.nd.gov/doing-business-state/bidders

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

Assistant Director of Facilities Management

Date: August 21, 2025

RE: Invitation to Bid # 25-003

General Construction Services – Fargo

North Dakota State College of Science (NDSCS) is requesting sealed bids to establish and award a Time and Materials contract to provide General Construction Work at the NDSCS Location, Fargo, ND & Career Innovation Center, Fargo, ND. The bid will be awarded based on Price, Service, Response Time, Overall Capabilities, agreement to ITB Terms and Conditions, and Past Performance (timeline of work, accuracy of work and invoice detail). 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 2030.

Upon receipt of this ITB, indicate on the “Notification of Receipt” (page 1) if your Company will be submitting a response to our request and email it to: jennifer.steinborn@ndscs.edu. Please review the complete ITB 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 CT, September 11, 2025.

Envelopes or containers must be marked on the outside envelope:

“Bid #25-003 – General Construction Services – 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:

25-003

Bid Title:

General Construction Services – Fargo

Date Issued:

August 21, 2025

Purchasing Officer: Jen Steinborn Assistant Director of Facilities Management:

Kari Hasbargen

Deadline for Questions:

August 28, 2025, at 12:00 PM CT Deadline to Issue Addendum:

September 3, 2025

Telephone: 701-671-2428 E-mail: jennifer.steinborn@ndscs.edu

Bid Opening Date and Time:

September 11, 2025, at 3:00 PM CT

Delivery Location F.O.B (Destination):

1305 19th Ave N, Fargo ND 58102 4230 64th Ave S, Fargo, ND 58104 Completion Date:

TBD

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:

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: 25-003 – General Construction Services – Fargo BID OPENING DATE – September 11, 2025, 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

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. 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 (sos@nd.gov) 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.

2. 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.

3. 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.

4. 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 https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/vendor-reg-guidelines.pdf https://www.omb.nd.gov/doing-business-state https://firststop.sos.nd.gov/search/business https://www.ndsu.edu/agriculture/extension/extension-topics/leadership-and-civic-engagement/business-reports-forms-and-licenses https://www.omb.nd.gov/doing-business-state/procurement/bidders-list-registration-and-maintenance mailto:infospo@nd.gov 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

Assistant Director of Facilities Management to issue any needed amendments in sufficient time before the bid opening date.

5. 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.

6. 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.

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

8. 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 the NDCSC location indicated in the solicitation (F.O.B. Destination).

9. 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.

10. Bid Held Firm. Bids are not awarded at the bid opening. Bid responses will be firm for 90 days, unless otherwise specified by the Assistant Director of Facilities Management in writing.

11. Bid Opening. All bids received by the time and date of the bid opening will be publicly opened by the

Assistant Director of Facilities Management at the location indicated on the cover letter of this solicitation.

Interested parties are invited to attend the bid opening.

12. 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.

13. 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.

14. 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.

15. 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 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 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.

16. 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.

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

18. 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.

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

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

21. 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.

22. 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.

23. 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.

24. 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 Assistant Director of Facilities Management can determine whether the specifications need to be amended.

25. 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.

26. 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.

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

Facilities Management

27. 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 Director of Facilities Management and the Assistant Director of Facilities Management. Bidders repeatedly withdrawing bids after the opening date may be removed from the State bidders list.

28. Award – Tie Bid Response Preference. If a tie occurs between two or more Bidders with equal Bid

Response prices or offerors with identical evaluation scores:

• Preference must be given to a resident North Dakota bidder, seller, vendor, offeror, or contractor as defined in N.D.C.C § 44-08-02.

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

29. 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. A signed 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, send an email to the Purchasing Officer, or include with their bid a sheet with a request to be notified. The sheet should list the contractor’s contact person, phone, and email address (if available).

30. Clarification of Bid. In order to determine if a bid is reasonably susceptible for award, communications by the Purchasing Office are permitted with a Bidder to clarify uncertainties or eliminate confusion concerning the contents of a bid and determine responsiveness to the ITB requirements. Clarifications may not result in a material or substantive change to the bid response.

After receipt of bids, if there is a need for any substantial clarification or material change in the ITB, an amendment will be issued. The amendment will incorporate the clarification or change, and a new date and time established for new or amended bid responses.

31. 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.

32. 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 Purchasing

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) Multiple awards to more than one Bidder. NDSCS reserves the right to make multiple awards based on the cost and services provided by the responding Bidders.

3. 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. 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.

5. Annual Extension of Contract. If the contractor 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 contractor’s insurances 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.

6. 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.fm@ndscs.edu

Attn: Facilities Management North Dakota State College of Science 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.

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

8. 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 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

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.

NDSCS will not be responsible for costs not included in the bid response.

9. 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.

10. Travel. The Contractor 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 Contractor and NDSCS.

11. 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.

12. Invitation To Bid as Part of The Contract. Part or all of the Invitation to Bid and the awarded Contactor’s response may be incorporated into the contract.

13. Security. Any security needs deemed necessary by a department or facility must be met by the Contractor, 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.

14. Delivery. Equipment must be delivered at no extra cost and is the Contractor’s responsibility to provide any and all required equipment in offloading of the order. Delivery dates will be arranged in advance with the Contractor and the ordering department. The equipment must be delivered and placed in the area requested by NDSCS. The Contractor is responsible for any damage to the building/facility during delivery and installation. The Contractor must confirm the day and time for delivery. Liability of the product will remain with the Contractor until equipment is properly delivered and signed for by NDSCS. The Contractor 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 Contractor is responsible for cleanup after installation and must dispose of all cardboard trash and packaging materials, etc.

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

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.

15. 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 Contractor must replace it immediately at no additional cost to NDSCS.

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

17. 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 the 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.

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 Contractor, or any later date stated in the notice:

vii. 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.

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

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

ix. 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.

x. 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.

18. 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 Contractor 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.

19. 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.

20. 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.

21. 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.

22. 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.

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

23. 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.

24. 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.

25. 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 Contractor under this Contract, (b) records obtained by either Party under this Contract, and (c) records generated by either Party under this Contract. Contractor agrees to contact 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.

26. Independent Entity. Contractor 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. 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.

27. 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 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.

28. 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

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 act. The Consultant has the right to retain copies of the materials or information generated under this Agreement.

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

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

30. 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.

31. 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.

32. 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.

33. Non-Discrimination. 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.

The Contractor is prohibited from boycotting Israel for the duration of this Contract. (See N.D.C.C § 54-44.4- 15.) Contractor represents that it does not and will not engage in a boycotting Israel during the term of this Contract. If NDSCS receives evidence that the Contractor boycotts Israel, NDSCS shall determine whether the company boycotts Israel. The foregoing does not apply to contracts with a total value of less than $100,000 or if Contractor has fewer than ten full-time employees.

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

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

34. Audit. Pursuant to N.D.C.C. § 54-10-19, all records, regardless of physical form, and the accounting practices and procedures of Contractor relevant to this Contract are subject to examination by the North Dakota State Auditor, the Auditor’s designee, or Federal auditors, if required. Contractor shall maintain these records for at least three (3) years following completion of this Contract and be able to provide them upon reasonable notice. NDSCS, State Auditor, or Auditor’s designee shall provide reasonable notice to Contractor prior to conducting examination.

35. On-Campus Parking. All Contractor’s personnel, 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.

36. 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.

37. 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.

38. 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.

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 |…