This is a service / maintenance or supply contract in Bismarck, North Dakota. Contact the soliciting agency for additional information.

2024 Type BL Led Luminaires The City, in its sole discretion, may extend the work completion deadline due to unforeseen circumstances, if it is determined to be in the best interest of the City to do so. The City shall reserve the right to hold all bids for a period of forty-five (45) days, to reject any and all bids, to waive irregularities or to accept such as may be determined to be for the best interest of the City of Bismarck. However, bids which do not comply with mandatory requirements imposed by law or late bids must be rejected. Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer inconvenience and financial loss if the delivery date is not met. The parties recognize the difficulties of estimating or proving the financial loss and/or inconvenience of the Owner by the failure to meet the delivery date. Both the Owner and Contractor agree that the Owner has made a reasonable estimate of financial loss and inconvenience caused by a delay that the stated damages are reasonable in amount and reasonably related to the actual damages that would be suffered by the Owner as a result of delayed delivery. Accordingly, instead of requiring any actual proof of damages, Owner and Contractor agree to the sum of $50 per each day of non-delivery beyond the delivery deadline as reasonable liquidated damages (and not as a penalty) and also agree that the recitals in this paragraph are conclusive presumptions pursuant to NDCC Section 31-11-02. No bid will be considered unless accompanied by a bidder's bond or certified check in an amount equal to five (5) percent of the gross sum bid, attached to the outside of the bid envelope, which bond or check will be forfeited should the bidder fail to effect a contract within ten (10) days after a notice of award. All luminaires shall be delivered to the City of Bismarck no later than July 30, 2024, a maximum of 16 weeks after award.