H E N N E P I N C O U N T Y P U R C H A S I N G

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1 H E N N E P I N C O U N T Y P U R C H A S I N G INVITATION FOR BIDS THIS INVITATION IS ISSUED TO ESTABLISH A CONTRACT TO SUPPLY HENNEPIN COUNTY WITH A COMMODITY OR SERVICE IN ACCORDANCE WITH THE ACCOMPANYING SPECIFICATIONS. CONTRACT NO: SPECIFICATIONS FOR: CONTRACT PERIOD: 3563A2 Fire Sprinkler Maintenance and Installation Services at Various Hennepin County Facilities Three (3) years from Date of Award SUBMIT BIDS BEFORE BID OPENING TIME TO: Hennepin County Purchasing, A-1730 Government Center, 300 South Sixth Street, Minneapolis, MN BID OPENING TIME AND LOCATION: 2:00 p.m., Tuesday, October 9, 2012 A-1713 (Bid Opening Room - 17 th floor of the Administration Tower) Government Center, 300 South Sixth Street, Minneapolis, MN BID SECURITY Two Thousand Dollars ($2,000.00) PERFORMANCE BOND: None Required PAYMENT BOND: Twenty-Five Thousand Dollars ($25,000.00) AA PLAN, STANDARD TERMS AND CONDITIONS, AND INSTRUCTIONS TO BIDDERS: Standard Terms and Conditions (2/1/2011 Version) - Attached Instructions to Bidders (11/21/2011 Version) - Attached BUYER CONTACT INFO: Timothy Jorissen, timothy.jorissen@co.hennepin.mn.us TECHNICAL QUESTIONS: Nathan Lief, nathan.lief@co.hennepin.mn.us OTHER TERMS, CONDITIONS ATTACHMENTS AND FORMS Special Terms and Conditions Technical Specifications Labor Standard Provisions for Maintenance Contracts MN DOLI Prevailing Wage Schedule Labor Cost Calculation Form Attachment A Facilities List References Sheet NAICS CODE: This cover sheet is an integral part of the bidding documents.

2 11/21/2011 HENNEPIN COUNTY PURCHASING INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS 1. DEFINITIONS BIDDER'S PREBID DOCUMENT REVIEW Availability of Documents Interpretation or Correction of Specifications Addenda 2 3. BIDDING PROCEDURE Bid Form, Style, Prices Brand Name or Equal Quality Standards and Warranty Submission of Bids Modification or Withdrawal of Bid Exceptions to Terms Bidder's Representation Statement of Non-Collusion Bid Security Performance and Payment Bond Failure to Execute Contract or Initiate Contract Performance Material Data Safety Sheets 5 4. CONSIDERATION OF BIDS Opening of Bids Rejection of Bids and Bid Award Low-Tied Bids Ability to Perform Sale of Personal Property or Revenue Bids 6

3 1. DEFINITIONS ADDENDA - Written instruments issued by the County prior to the date for receipt of Bids which modify or interpret the Bid Documents by addition, deletions, clarification or corrections. AFFILIATES - Business concerns, organizations, or individuals are Affiliates of each other if, directly or indirectly, (1) either one controls or has the power to control the other, or (2) a third party controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the debarment, suspension, or proposed debarment of a Contractor which has the same or similar management, ownership, or principal employees as the Contractor that was debarred, suspended, or proposed for debarment. AS-IS, WHERE IS - Applies to the sale of Personal Property and means that the Personal Property is of the kind, quality, and locale represented, even though it may be in a damaged condition. It implies that the buyer takes the entire risk as to the quality of the Personal Property involved, based upon the buyer s own inspection. The County makes no implied and express warranties for the sale of Personal Property that is sold as As-Is, Where-Is. AWARDEE: The firm or individual who receives the Bid award for the subject real estate or Personal Property listed in the Bid Documents. BID - A complete and properly signed Proposal to provide goods, commodities, services, or designated portions for the sums stated, submitted in accordance with the Bid Documents. BID BOND - An insurance agreement in which a third party agrees to be liable to pay the County a certain amount of money in the event the Awardee does not execute the Contract Documents, furnish any required bond(s) or required insurance documents and proceed with performance. The Bid Bond, naming the Awardee as principal, is given to the County at the time of Bid submittal. (See Bid Security paragraph 3.9) BID DEPOSIT - A guaranteed check furnished by a Bidder to and at the request of the County to guarantee that a Bidder awarded the contract will execute the contract, furnish any required bond(s) or required insurance documents and proceed with performance. The Bid Deposit is in lieu of a Bid Bond and is given to the County at the time of Bid submittal. (See Bid Security paragraph 3.9.) BID SECURITY (GUARANTEE) - Includes a "Bid Bond" or "Bid Deposit". BID DOCUMENTS Consists of the Specifications, Proposal, and other County forms. BIDDER - The person, firm, corporation or other entity submitting a Bid on items listed in the Bid Documents and thereby agreeing to meet the terms and conditions of the Specifications if awarded the contract. CONTRACT DOCUMENTS - Consist of the aforesaid Bid Documents including those County forms which have been executed, executed Bid Bond, other executed documents (acknowledged in writing or signed by the County), other documents required by the Specifications or requested by the County (when determined by the County that any such document complies with such requirement or request), and all Modifications after execution of the contract. CONTRACTOR (or Vendor) - The person or entity who is awarded the Bid ( Awardee ) and enters into a contract with the County to furnish commodities or services. COUNTY - The County of Hennepin, a political subdivision of the State of Minnesota. MODIFICATION - A written amendment or supplement to the contract signed by the Contractor and the County. NOTICE OF AWARD Letter from the County to Awardee formally awarding the contract. PERFORMANCE BOND - A form of security executed subsequent to award by a successful Bidder that guarantees the proper performance of the contract, the payment of debts to persons furnishing services or materials on account of the contract work, and the payment of certain other responsibilities of the Contractor. The bond is provided by the Contractor prior to contract execution by the County. (See Performance Bond paragraph 3.10) PERSONAL PROPERTY: Personal property is property that is moveable. PROPOSAL Bidder s submission of firm pricing and payment terms for each item listed in the Proposal pages. PURCHASE ORDER - The Purchaser's document used to formalize and/or initiate a purchase transaction with a Contractor. Hennepin County Purchase Orders include and are governed by the County s Standard Terms and Conditions. HENNEPIN COUNTY INSTRUCTIONS TO BIDDERS Page 1 11/21/11

4 PURCHASER - Hennepin County or any of its departments, boards, commissions or agencies, or members of the Hennepin County Cooperative Purchasing Program. PURCHASING MANAGER The position, pursuant to Hennepin County s purchasing statute and Purchasing Rules, delegated the responsibility for most of Hennepin County s purchasing tasks. REAL ESTATE PROPERTY: Real Estate Property is land and improvements that are of a permanent nature over and under it. SPECIFICATIONS - Consists of the Invitation for Bids, the Standard Terms and Conditions and any special terms and conditions, Proposal page(s), special provisions, equipment specifications, technical specifications, any drawings, any Addenda, and other parts which the County references and/or attaches hereto. SUBCONTRACTOR Hired by Contractor to perform work under contract upon prior written approval from the County. SUCCESSFUL BIDDER - See Awardee or "Contractor". 2. BIDDER'S PREBID DOCUMENT REVIEW 2.1. Availability of Documents a. After Bid opening, a Bid tabulation will be completed and made available for the public. All other Bid Documents are non-public until the Bid award process has been completed. After the Bid award process has been completed, all Bid Documents are public, except for trade secret data, and the documents will be available for public inspection, and copying (at requester s expense) at the Hennepin County Purchasing office Interpretation or Correction of Specifications a. Bidders will not be allowed to take advantage of material errors, omissions, ambiguities or inconsistencies in the Specifications. Bidders shall promptly notify the Purchasing Manager of any material error, omission, ambiguity or inconsistency which they may discover upon examination of the Bid Documents. b. Bidders desiring clarification or interpretation of the Bid Documents shall submit a written request in a manner to be received by the Purchasing Manager at least seven (7) calendar days prior to the date and time for receipt of Bids. c. Interpretations, corrections and changes to the Bid Documents will be made by Addenda, which, shall be binding on all Bidders. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes Addenda a. Addenda will be posted on the County s Purchasing website for public viewing or, at the County s discretion, ed or mailed to all potential Bidders who are specifically known by the Purchasing Manager to have received a complete set of Bid Documents. b. Copies of Addenda will be made available for inspection wherever Bid Documents are on file for that purpose. c. No Addenda shall be issued later than four (4) calendar days prior to the date and time for receipt of Bids, except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. d. Each Bidder shall ascertain prior to submitting a Bid that all Addenda issued have been received, and the Bidder shall clearly acknowledge their receipt of Addenda on the Proposal page. Notwithstanding anything to the contrary, if Bidder has not acknowledged an Addendum, the Purchasing Manager may: 1) allow the Bidder to acknowledge the Addendum after Bid opening with no change to the bid price, or 2) determine that the Addendum does not materially affect the Bid, or 3) reject the Bidder s Bid for not acknowledging the Addendum, whichever is in the best interest of the County. 3. BIDDING PROCEDURE 3.1. Bid Form, Style, Prices a. Bids shall be written on the Proposal Pages or other form provided by Hennepin County. b. Appropriate blanks on the Bid form should be filled in by manually writing in black ink or by typewriting the requested information. c. Any interlineation, alteration or erasure shall be initialed by the signer of the Bid. d. Bidders shall not change the Bid form nor make additional stipulations on the Bid form. If a Bidder wishes to amplify or qualify its Bid, a statement that additional information is attached shall be clearly indicated on the Bid form and the amplifying or qualifying information on the Bidder's letterhead shall be attached to the Bid form. The County, in its sole discretion, may reject amplified or qualified Bids. e. Where so indicated by the makeup of the Bid form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. HENNEPIN COUNTY INSTRUCTIONS TO BIDDERS Page 2 11/21/11

5 f. In case of discrepancy between unit prices and the extended figures, the unit price shall govern. Unless otherwise provided elsewhere in the Specifications, the Bidder s prices shall remain firm throughout the contract period and in any contract extension period. g. Bidder s costs which are not identified in the Specifications or the Proposal will not be paid by the County. h. Prices quoted must remain the same for the term of the contract unless the Specifications permit a price adjustment pursuant to an escalation clause set forth in the Specifications. If Specifications allow for extension and a price adjustment, the adjusted price must be agreed to by the County in writing and remain constant for the extension period. i. The Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall give the state of incorporation. j. Bidders shall not include Minnesota Sales Tax or Federal Excise Tax in their Bids Brand Name or Equal a. Products proposed will be of the manufacturer(s) indicated or its equal, except where "No Substitute" is stated. "Brand name" means identification of products by manufacturer, make, and model name and/or number. If brand name or equal is indicated, the intent is: 1) to be descriptive, not restrictive; 2) to indicate the quality and characteristics desired; and 3) shall mean "brand name or equal". Failure to bid the quality specified may be cause for rejection of the Bid. If proposing an equal product, the Bidder must state on the Bid form and submit information with the Bid that clearly identifies the manufacturer and brand name of the product proposed. If proposing to modify a product to make it conform to the Specifications, the Bidder must submit with the Bid a clear descriptive statement of the proposed modifications and any descriptive material clearly marked to show the proposed modifications. Product modifications proposed after the bid opening will not be considered. b. Determination of equality will be made by the County at its sole discretion. It is the Bidder's responsibility to ensure that the County has sufficient information to make that determination. The Bidder must submit with their Bid all descriptive material specifically requested in order for the County to determine exactly what the Bidder proposes to furnish and whether the product proposed meets the Specifications. The information furnished may include specific references to information previously furnished or to information otherwise available to the County. c. Samples - If proposing a product other than that specified (i.e., an equal or modified product or a product that varies), the Bidder may be required to furnish descriptive literature and a sample of the product proposed. Failure to submit samples as required shall be cause for rejection of the Bid Quality Standards and Warranty a. The Contractor warrants to the County that all commodities and work: 1) shall be of good quality, 2) are free from faults and defects, 3) are in conformance with the Contract Documents, and 4) that commodities are of merchantable quality and fit for the purpose for which they are intended and sold. Contractor warrants further that, unless otherwise specified, commodities are new and the manufacturer's latest design of the commodity presently in production and sold to customers. This warranty is in addition to any manufacturer's standard warranty which may apply or any warranty provided by law. If required by the County, the Contractor shall furnish satisfactory evidence as to the kind and quality of commodities and work. b. Unless otherwise specified, the Contractor warrants that title to all commodities, materials and/or equipment covered by an application for payment will pass to the County upon receipt of payment by the Contractor, free and clear of liens, claims, security interests or encumbrances; and that no commodities, materials and/or equipment covered by an application for payment have an interest therein or an encumbrance thereon that is retained by the seller. c. Commodities bid must be compatible with the equipment and/or system in the environment in which it will be utilized. d. If a commodity not in current manufacture is specified by the County, Contractor warrants that such commodity shall be given the warranty which accompanied the commodity when it was in current manufacture. Contractor further warrants with respect to such commodity that Contractor, for at least five years (or such other period of time as may be specified by the County) from the date of the contract, shall keep and maintain a sufficient supply of parts, supplies, accessories, and all other items reasonably necessary to assure the high reliability and efficient operation of the commodity. Contractor further warrants that in the event the necessary parts, etc., are not available to maintain the commodity, Contractor shall, at no cost to the County, promptly replace the commodity with one which is in compliance with the Contract Documents and is Contractor's then current version. e. If Bidder's equipment, software and/or documentation do not comply with the technical and performance requirements of the Specifications, the County reserves the right to reject the Bid. Bidder must expressly state in their Bid any such noncompliance and specify which elements do not meet the Specifications. The County strongly discourages Bidders from taking exceptions to any portion of the Specifications, placing qualifications or conditions in their Bids, or substituting its procedures. The County reserves the right to reject a Bid with any such exception, qualification, condition or substitution. HENNEPIN COUNTY INSTRUCTIONS TO BIDDERS Page 3 11/21/11

6 3.4. Submission of Bids a. The Bid, the Bid Security, if any, and any other documents submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall 1) be addressed to Hennepin County Purchasing, A-1730 Government Center, Minneapolis, Minnesota ; 2) bear the inscription: "Bid for (TITLE AND CONTRACT NUMBER SHOWN ON THE FACE OF THE BIDDING DOCUMENT)"; 3) state the Bidder's name and address; and 4) state the date and time for bid opening. If the Bid is returned to the Purchasing office by express mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. b. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation for Bids, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned without being considered for award. c. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. d. Oral, facsimile, or telephone Bids are invalid and will not receive consideration. e. Submission for Electronic Bidding: Bids submitted by electronic commerce shall be considered only if the Bid Documents specify an electronic method for submitting Bids Modification or Withdrawal of Bid a. Prior to the time and date designated for receipt of Bids, no Bids may be released or physically withdrawn. However, any Bid submitted may be modified or withdrawn from consideration by written notice to the Purchasing Manager at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder, must be received in the purchasing office prior to the date and time of bid opening, and shall be worded (if original Bid is modified) so as not to reveal the amount of the original Bid. Written withdrawal or cancellation by Bidder of the Bid prior to Bid opening will nullify the Bid and the Bid will not be opened. At the sole discretion of the County, the withdrawn or cancelled Bid may be physically returned to the Bidder. b. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids, provided that they are then fully in conformance with the Instructions to Bidders. c. A Bid may not be modified, withdrawn or cancelled by the Bidder for a period of forty-five (45) days (unless a longer or shorter period is specified in the Specifications) following the time and date designated for receipt of Bids, and each Bidder so agrees by submitting a Bid Exceptions to Terms a. If a Bidder takes any exception to Hennepin County's Bid Documents, the Bid may be rejected. b. If a Bidder takes exception to Hennepin County's Bid Documents, Bidder must attach separate page(s) referencing the specific document and paragraph number to which they are taking exception, and offer specific alternative language. Submitting or referencing the terms and conditions of Bidder's company is not an acceptable method of taking exception or offering alternate language. c. If a Bidder transmits to the County a document, transmittal/cover letter, or any other written communication that includes terms that purport to subordinate, negate, qualify, or condition the Bid Documents to such terms, the Bid will be rejected. d. If the County determines that any language in any such agreement form, as aforesaid, "adds to" the provisions of the Specifications, the County may, in its discretion, accept such language as part of the contractual relationship if: 1) The County determines that such language is beneficial and without cost to the County; or 2) The County determines that such language merely supports--at no cost to the County--a part of a Bidder's customary business practice regarding product identification or location (exclusive of security interest issues); or 3) Such language, without varying, conflicting with, changing or deleting in any manner the provisions of the Specifications and, in particular, the technical or performance requirements herein, is reasonably and technically necessary to the operation and/or maintenance of the hardware and/or software, as determined by the County, provided that the amount of any expenditures of money as determined by the County in connection with the County's compliance with such language shall be included in the evaluation of the relevant Bid Bidder's Representation a. By submitting a Bid, the Bidder represents that the Bidder has read and understood the Bid Documents and has bid in accordance therewith. b. Each Bidder for services further represents that the Bidder has assessed the local conditions under which the work is to be done and has correlated its observations with the requirements of the Bid Documents. c. Bidder represents that it and its subcontractors are not prohibited from doing business with either the Federal or State of Minnesota Governments as a result of debarment or suspension proceedings. This representation requirement shall apply to any and all subcontractors. HENNEPIN COUNTY INSTRUCTIONS TO BIDDERS Page 4 11/21/11

7 3.8. Statement of Non-Collusion a. I hereby swear (or affirm) under the penalty for perjury: b. That I am the Bidder (if the Bidder is an individual), a partner of the Bidder (if the Bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the Bidder is a corporation); c. That the attached Bid or Bids have been arrived at by the Bidder independently and have been submitted without collusion Bid Security a. If so stipulated in the Invitation for Bids or other Bid Document, each Bid shall be accompanied by a certified check, cashier's check or Bid Bond in the amount specified and made payable to the Hennepin County Treasurer. Bonds shall be issued by corporations authorized to contract as a surety in the State of Minnesota. b. The County shall have the right to retain the Bid Security of Bidders to whom an award is being considered until either 1) the contract has been executed and bonds, if required, have been furnished, or 2) the specified time has elapsed so that Bids may be withdrawn, or 3) all Bids have been rejected Performance and Payment Bonds a. The Purchaser may require a Performance Bond and/or Payment Bond. The surety and any reinsurance company of the bond must be licensed to do business in the State of Minnesota. The bond form will be supplied by the Purchaser and the execution of the bond will be subject to approval by the County Attorney. Executed bonds must be returned to the Purchaser within the specified time period Failure to Execute Contract or Initiate Contract Performance a. Should the Bidder fail to begin performance, refuse to execute a written contract if required, or fail to furnish the Performance Bond if required, the amount of the Bid Security shall be forfeited to the County as liquidated damages, not as a penalty. The contract may then be awarded to the next lowest responsible Bidder, or the commodities and/or services may be re-advertised or otherwise performed as the County deems appropriate. In any lawsuit involving the assessment or recovery of liquidated damages, the reasonableness of the charge therefor shall be presumed. b. By submitting a Bid, the Bidder agrees that said liquidated damages shall cover only the damages sustained by the County from additional administrative costs, expenses of re-advertising and rebidding, and other similar damages sustained by the County as a result of failure of the successful Bidder to execute a written contract and/or a Performance Bond, when so required, but shall not preclude the County from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the County to fulfill other contracts, loss of other benefits of this contract, or other damages (including but not limited to cover damages), direct or consequential, arising out of breach of the contract or failure to perform same by the successful Bidder Material Data Safety Sheets a. If so stated in the Specifications, each Bidder may be required to submit to the purchasing office a completed Material Data Safety Sheet (or other acceptable data) for each item bid. Failure to submit this form upon request may result in rejection of the Bid. 4. CONSIDERATION OF BIDS 4.1. Opening of Bids a. The properly identified Bids which have been received on time will be opened publicly and will be read aloud. A tabulation of the Bids will be made available for public inspection or copying (at the requester s expense) in the County's purchasing office Rejection of Bids and Bid Award a. It is the intent of the County to award a contract to the lowest responsible Bidder meeting Specifications provided the Bid has been submitted in accordance with the requirements of the Bid Documents. The County reserves the right to determine the lowest responsible Bidder by using any denomination of items or by groups of items. b. If the Purchaser determines it is in its best interest, the Purchaser may 1) reject any or all Bids; 2) re-advertise for new Bids; 3) reject Bid submissions without the required Bid Security; 4) reject Bids which are incomplete or irregular in any way; 5) waive any minor defects or technicalities in any Bid or Bids received; 6) reject any Bid items; or 7) accept the Bid from the lowest responsible Bidder meeting Specifications. c. The County will reject all Bids from Bidders where there has been collusion. d. The award will be based on but not necessarily limited to, the following (where applicable): 1) Adherence to all conditions and requirements of the Bid Specifications; 2) Reputation and experience of the Bidder; HENNEPIN COUNTY INSTRUCTIONS TO BIDDERS Page 5 11/21/11

8 3) Total bid price including any discounts; 4) Evaluation of the Bidder's ability to service the Purchaser; 5) Financial ability of the Bidder to successfully meet the requirements of the contract; 6) Prior knowledge of and experience with the Bidder in terms of past performance; 7) Compatibility with existing commodities or systems; 8) Environmental considerations of commodities when the requirements are set forth and defined in other portions of the Specifications or when otherwise included in applicable law. e. Unless otherwise indicated in the Invitation for Bids, the County reserves the right to award the contract in whole or in part, by item, by group of items or by section where such action serves the best interest of the County. f. Bids submitted on an "all or none" basis or similar basis will be evaluated against the total of the low Bids for the individual items Low-Tied Bids a. The Purchasing Manager will resolve low-tied Bids in a manner which in the Purchasing Manager's judgment, is in the County's best interests Ability to Perform a. The County may require the Bidder to provide information or product samples showing Bidder's ability to perform. The apparent low Bidder, and/or other Bidders, shall promptly furnish all such information for this purpose when requested by the County Sale of Personal Property or Revenue Bids a. For the County s sale of Personal Property or revenue Bids it shall be the intent of the County to award to the highest responsible Bidder. However, the County reserves the right to reject Bids if deemed to be in the County s best interests. Personal property that is sold by the County is sold As-Is, Where-Is. HENNEPIN COUNTY INSTRUCTIONS TO BIDDERS Page 6 11/21/11

9 SPECIAL TERMS AND CONDITIONS CONTRACT NO. 3563A2 1. INTENT OF SPECIAL TERMS AND CONDITIONS It is the intent of these Special Terms and Conditions to establish additional terms, conditions and requirements for the purchase of Fire Sprinkler Maintenance and Installation Services at various Hennepin County facilities. 2. SCOPE OF WORK Contractor will furnish necessary labor, materials, equipment and supervision to perform general sprinkler system repairs, inspections (including MIC inspections requiring periodic disassembly of systems), remodeling, maintenance and installation services at various County owned or leased facilities. Such services shall include installation of new wet or dry systems, modifying existing systems, design of sprinkler systems, performing testing, conducting inspections and other work normally under the jurisdiction of a Fire Protection contractor. 3. CONTRACT PERIOD The initial contract period will be three (3) years from the date of the award, unless terminated sooner pursuant to provisions in this contract. 4. TERMINATION FOR CONVENIENCE County may terminate this contract, in whole or in part, with or without cause at its sole discretion upon written notice to Contractor. Such notice shall be made in writing at least thirty (30) calendar days prior to the date of termination for convenience. Upon notification, Contractor shall cease work and shall submit to County an itemized statement of services performed to the date of termination, unless the County, at its sole discretion, waives the cease work requirement. Said services shall include both completed work and work in progress at the time of termination. Section 3.11(b) of the Standard Terms and Conditions is deleted. 5. PRICE ADJUSTMENT MONTHLY COSTS/HOURLY RATES The hourly labor billing rates may be adjusted at the time of extension or at the anniversary of the contract award date (but not more often than once every twelve months) for increases in direct labor, including wages and benefits and other direct costs. The percentage markup for overhead shall remain fixed for the term of this Agreement, including all renewals and extensions thereof. The Contractor must request such an increase in writing, at least thirty days prior to the expiration date or anniversary date. The County may require the Contractor to furnish detailed documentation, acceptable to the county, before hourly labor billing rates increases would be allowed. The Contractor shall furnish such documentation promptly. If the proposed/requested new labor billing rates are unacceptable to the County, the County reserves the right to terminate this contract after giving written notice. 1

10 6. ESTIMATED QUANTITY The quantity specified for each item on the Proposal is an estimated quantity. The County reserves the right to increase or decrease the actual quantity ordered with no change in the unit price. All quantities of items not ordered before the termination date of the contract shall be considered cancelled as of that date, and the County shall not be liable for any claims by reason of cancellation. 7. INDIVIDUAL PROJECT BIDS The County reserves the right to seek competitive bids for individual projects, especially those estimated to equal or exceed $75,000. Such bidding and awards would be entirely separate from this contract although Contractor would have the opportunity to bid on such projects. 8. LABOR COST CALCULATION Enclosed with these specifications is a form entitled Labor Cost Calculation. This form should be submitted with your bid, using one form per job class. 9. SMALL BUSINESS ENTERPRISE (SBE) Hennepin County is committed to the participation of Small Business Enterprises (SBEs) in County contracting. Hennepin County may set SBE goals for individual projects under this contract when the prime contractor will not be self-performing all of the work in question and based on the availability of SBEs. By submitting this bid, the bidder agrees to commit to meeting any SBE participation goals that may be established by Hennepin County for a specific project or category of work under this contract or demonstrate good faith efforts to do so. 10. PREVAILING WAGES The term prevailing wage rate shall mean the hourly rate paid to the employee plus the contribution for economic benefits paid to the largest number of workers engaged in the same class of labor within the County or other locality from which labor is normally secured for the type of services to be performed under this Agreement. All Contractors and subcontractors engaged in the work under this contract shall pay not less than the prevailing wage rates for those job classifications established by the Minnesota Department of Labor and Industry (DOLI) Wage Rate Schedule and comply with the Labor Standard Provisions for Maintenance Contracts; both documents are incorporated herein and form a part of these Special Terms and Conditions. Published prevailing wage rate list may be obtained by calling DOLI at or by visiting its web site at BIDDER QUALIFICATION Bidder must have the necessary trained, licensed (if applicable) and bonded trade persons to perform the tasks outlined under this specification. Bidder must be able to demonstrate that they have had a minimum of three (3) years experience as a contractor in the fire sprinkler/fire protection maintenance and installation field of commercial, institutional and/or industrial 2

11 facilities (non-residential) within the confines of the thirteen (13) county Minneapolis-St. Paul- Bloomington MN-WI Metropolitan Statistical Area (MSA). (The MN-WI MSA consists of the counties of Hennepin, Anoka, Carver, Chisago, Dakota, Isanti, Ramsey, Scott, Sherburne, Washington and Wright in Minnesota, and Pierce and St. Croix in Wisconsin.) Bidder must also be able to demonstrate/verify that during any twelve (12) month period within the last three (3) years it has had net service billings of a minimum of $200,000 (do not include new construction in this figure). Bidder, on a 24 hour/7day per week basis, must have the capacity to respond to emergency service at any Hennepin County facility within two (2) hours of an emergency service request. Bidder must have adequate employees and resources to meet the demands of handling multiple projects in a timely manner, as requested by Hennepin County. Bidder shall furnish a minimum of two (2) customer references within said thirteen (13) county MSA, at least one of which shall be substantially similar in size and scope to these specifications. Submit completed references sheet with the completed Proposal pages. 12. ORDER OF PRECEDENCE In the event of a conflict between the Bid Documents, the following order of precedence shall prevail: 1. Special Terms and Conditions 2. Instructions to Bidders 3. Technical Specifications 4. Labor Standard Provisions 5. Standard Terms and Conditions 3

12 CONTRACT NO. 3563A2 TECHNICAL SPECIFICATIONS FOR FIRE SPRINKLER MAINTENANCE AND INSTALLATION SERVICES AT VARIOUS HENNEPIN COUNTY FACILITIES 1. SCOPE OF WORK 1.1 Contractor will furnish necessary labor, materials, equipment and supervision to perform general sprinkler system repairs, inspections (including MIC inspections requiring periodic disassembly of systems), remodeling, maintenance and installation services at various County owned or leased facilities. Such services shall include installation of new wet or dry systems, modifying existing systems, design of sprinkler systems, performing testing, conducting inspections and other work normally under the jurisdiction of a Fire Protection contractor. All fire sprinkler and related work performed under this Contract shall be in accordance with the current version of NFPA 25 and shall comply with all federal, state and local codes. All testing and inspection results shall be documented and submitted to the building contact. Testing and inspection documentation shall include a description of the equipment tested or inspected, all test results, a description of any noted deficiencies, problems or code violations (including the specific location), recommendations, etc. Contractor shall furnish necessary labor, equipment, and supervision to perform FM200 clean agent suppression system inspections and maintenance as required by NFPA 2001 standards. The 6 month and annual inspections shall meet or exceed the requirements of the latest version of NFPA standards in effect at the time the inspection is conducted. Contractor shall furnish necessary labor, equipment, and supervision to perform Foam suppression system inspections and maintenance as required by NFPA standards. The 6 month and annual inspections shall meet or exceed the requirements of NFPA standards in effect at the time the inspection is conducted. Contractor will furnish labor, materials, equipment and supervision on an as needed basis to perform the Work in compliance with the Bid Documents. The facilities covered under this contract are listed in Exhibit A. The County reserves the right to expand or reduce the number of facilities during the term of this contract, including all renewal periods. 2. COUNTY S AUTHORIZATION OF WORK 2.1 The County s authorized representative will authorize Work by issuing a purchase order prior to the commencement of any Work. Work will be accomplished with the -1-

13 approval and coordination of the Director of Property Services, County Staff Architects, Project Managers, Facilities Operations Managers, Building Operations Managers or Property Management Specialists. All Work will be performed pursuant to the prices approved in the contract. All Work shall be billed at the lowest applicable job class level. All Work must be in compliance with all governing local, state, and national code regulations. 3. SUBCONTRACTING OF WORK 3.1 No subcontracting of primary work will be allowed. Any subcontracting of secondary work must be approved in writing by Hennepin County. Any subcontracted secondary work shall be estimated by the subcontractor prior to Hennepin County granting approval to proceed, with the estimate including the subcontractor s labor rates, mark up costs, and any miscellaneous expenses. The bidder shall indicate any mark-up costs for subcontracting services on the proposal sheet. All subcontractors will be subject to the same security background checks as required of the main contractor. The Contractor shall indicate any mark-up costs for subcontracting services on the proposal sheet. The County shall reimburse the Contractor for only the actual cost of the preapproved subcontractors work and any appropriate County approved mark-up. Work performed by Affiliates, as defined in the Bid Documents, shall be considered a passthrough expense and not subject to mark-ups. Only parts and materials that are specifically for and directly identifiable for the specific work by Affiliates may be authorized for appropriate County approved mark-up as determined solely by the County. Affiliates, as defined in these Bid Documents, are not considered subcontractors. 4. WORK TIMES/EMERGENCY RESPONSE 4.1 Work Week - All work, except for emergency service, shall be performed during normal working hours (7:00 a.m. - 4:00 p.m.) and normal working days (Monday Friday, except holidays) unless permission is obtained from or scheduled through the Building Operations Manager or a County Authorized Representative. 4.2 Emergency Response Emergency response service shall be available seven (7) days per week, twenty-four (24) hours per day. Response to emergency service shall not exceed two (2) hours. Contractor shall provide an emergency phone number on the Proposal Page that shall be answered twenty-four (24) hours per day, seven (7) days per week. Recordings, pagers, or answering machines will not be acceptable. Emergency responses shall be coordinated through Security Operations Center (SOC) ( ) and the respective Building Operations Manager. 4.3 Overtime/Holiday Pay: No Overtime or Holiday work shall be authorized, unless pre-approved by the County s authorized representative. The Contractor shall submit, as -2-

14 part of their bid proposal, the overtime/holiday pay rate for each listed job classification. This information shall be updated at each requested contract price adjustment. Holidays shall include New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. The following days: President s Day, Martin Luther King Day, Veteran s Day and Christmas Eve Day are considered Hennepin County holidays and, as such, shall not be billed as holiday rates. 5. CONTRACTOR PERSONNEL 5.1 Background check of contractor personnel: The Contractor shall not assign to a Hennepin County facility any person, whether as a substitute or on a temporary basis, who has a criminal conviction which directly relates to his/her position of employment (assignment) such as theft, any sex offense, assault, possession of stolen property, robbery or any other crime relating to the honesty or conduct of the worker. Bidders will, prior to the bid award, furnish a list of service personnel and supervisory personnel to the County contact person, indicating proper educational and training backgrounds. Before performing services under this agreement, the successful bidder shall furnish a list of service personnel indicating the date on which the county found each vendor employee s criminal background check acceptable (see criminal background check requirements, below). The contractor will update this personnel list, including education, training and criminal background results within five business days of any changes in personnel for the duration of this agreement. The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. The Contractor shall have all service personnel supplied with badges that shall include, at a minimum, a photo, employee name and firm name. All employees are required to wear a photo ID badge at all times on the job. Badges must be openly displayed on the clothing and above the waist so that it is readily seen when entering or leaving the building. Before assigning an employee to provide services to Hennepin County, the Contractor shall, for EACH employee: Positively identify the employee s name, previous names or aliases, and date of birth through an official record such as a driver s license, state identification card or certified birth certificate Conduct a thorough background investigation to include employment history and character references -3-

15 Obtain a current criminal history check through The McDowell Agency Inc. and provide the results of those checks to Hennepin County prior to an employee s assignment Complete the Hennepin County form, "Request for Criminal Background Check" (county criminal form) Provide a current digital picture of the employee to Hennepin County. The picture shall show the employee from the chest up, with the employee s face clearly shown, against a light colored solid background (such as against a painted wall). It is the responsibility of the Contractor to open an online account with The McDowell Agency Inc.. All costs associated with obtaining criminal history checks will be borne by the Contractor. The web address for the company is: (Phone: ) The Contractor shall have each employee provide the requested information required for a criminal background check. The Contractor will be notified, through their online account, of the results of employee criminal background checks. The costs of complying with all criminal background check requirements shall be borne exclusively by the Contractor. Every (12) twelve months or at the time of contract renewal (which ever is sooner) obtain a new report from The McDowell Agency Inc and submit it to Hennepin County Security, along with the county criminal form, insuring that each employee s criminal record is rechecked and resubmitted to Hennepin County Security not less that once every (12) twelve months. Criminal background check renewal information is to be submitted The McDowell Agency Inc no less than (14) fourteen days prior to the (12) twelve month anniversary date to ensure continuity of the checks. Hennepin County will review the criminal background information submitted for each Contractor employee and within (10) ten days will return to the Contractor the County criminal form, indicating the Contractor employee's suitability for work at a Hennepin County facility. Hennepin County's review of a Contractor employee's criminal background and its decision regarding the Contractor employee's suitability for work at a Hennepin County facility in no way absolves the Contractor of its responsibilities as outlined in the following paragraph. The Contractor s decisions regarding the assignment of Contractor s employees to perform contract requirements in Hennepin County facilities shall be based on careful consideration of the contract work; reasonable security of the premises, its occupants and -4-

16 contents; performance standards and responsibilities required of the Contractor by the contract; and an employee's criminal record. The foregoing requirements relating to background investigation and the assignment of employees to County facilities shall also apply fully to any and all owners of a firm, their officers, agents, employees, partners, representatives, volunteers, or any other person who might, for any reason whatsoever, come upon the premises of a Hennepin County facility on behalf of or on account of the Contractor or any other person in connection with the Contractor, whether or not there has been a specific assignment to a Hennepin County facility. In addition to the above background check requirements, each individual Contractor employee, who will be servicing this Contract, will be required to complete the Sheriff s background check form (attached). This completed form will allow that person limited access to the Sheriff s facilities for up to one year period and must be resubmitted annually. 5.2 Assignment of Work: The majority of the Work requested under this contract will be performed by one (1) trade person per job. All one (1) trade person service shall be performed by service personnel who have the job classification of Journeyman (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the County s authorized representative before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such. Journeyman shall have the responsibility and ability to procure and specify parts and materials as needed to complete work appropriate for a single trade person job. Further, for the purposes of this Contract, Hennepin County defines a Foreman as an employee who is actively functioning in a supervisory or coordinating capacity over other personnel on a specific job site. In most cases where a single employee is working on a job, their labor shall be charged at the Journeyman rate. In cases where it is appropriate and permissible to charge a Foreman rate, the Foreman rate will only be charged for the individual who acted in a supervisory or coordinating capacity. It is not permissible to charge a Foreman rate for multiple trades-people working on the same job at the same time. The Foreman rate shall only be applied on a job by job basis according to the actual role played by the trade person on a particular job. It is not permissible to invoice a trade person s time at the Foreman rate unless the person has actually performed work in that capacity as it is defined here. -5-

17 At the time the Contract is awarded the Contractor shall submit a list of all personnel who will be working at Hennepin County sites noting their job class title (title with the Contractor's company) and the job classification on the bid proposal form that the Contractor will use to invoice their time. The Contractor will update this sheet annually and provide a copy to Hennepin County. Any contract work in Hennepin County facilities will require advance scheduling by the Contractor with the respective Building Representative/Manager. The Contractor s management, supervisory and direct service personnel must be able to understand, read and communicate in English. All day staff of the Contractor working at the facility shall be classified as direct service personnel 5.3 Apprentices: If Contractor intends to utilize apprentices in the performance of this contract, Contractor shall submit, as part of their bid proposal, the various classification schedules and/or pay rates breakdowns for each apprentice level. This information shall be updated at each requested contract price adjustment. 5.4 Project Management: Costs for project management over and above foreman supervision of on-site trade personnel shall be incorporated within the overhead portion of the proposed labor rates or within the specified service prices. The County shall not reimburse the Contractor for project management. 5.5 Project Cost Estimate: Informal cost estimates shall be prepared by competent, professionally qualified personnel so that they can be relied upon for reasonable accuracy by Hennepin County. The cost estimates will be used for budgeting purposes only and all approved work shall be billed on a time and materials basis and not on a not-to-exceed quote/estimate. At the County s discretion, the estimate shall include a written description of work scope, materials and equipment to be supplied and any assumptions used to generate the estimate; shop drawings or equipment/material section data sheets shall be submitted for any materials and equipment that exceed $1,000. Costs for the preparation of project cost estimates shall be considered an expense cost of the Contractor and shall not be reimbursed by the County, and therefore Bidders shall include this administrative cost in its bid price. 5.6 Safety Requirements: The Contractor shall verify that each employee providing services under this contract has received Right-To-Know, LockOut/TagOut, Electrical Safe Work Practices, and Confined Space training in accordance with the current Federal and State regulations. Hennepin County assumes no responsibility or liability for the Contractor s compliance with applicable Federal and State regulations and safe work practices. The Contractor shall remain at all times solely responsible for the sufficiency of its safety program and its compliance with applicable Federal and State regulations. -6-