8570 EXECUTIVE PARK AVENUE FAIRFAX, VIRGINIA 22031
INVITATION FOR BIDS
Title: Purchase of 2 Pacific Tek Model PV500-DHO-W-B-R-T Trailer Mounted Power Vacuum Excavators and 3500 PSI Pressure Washer Systems, or Equivalent
Date Issued: February 6, 2020
Deadline for Questions: Prior to 2:00 p.m., February 14, 2020
Bid Due Date: Prior to 2:00 p.m., February 27, 2020
IFB Delivery Location and Procurement Department Place of Bid Opening: Fairfax Water
8570 Executive Park Avenue Fairfax, Virginia 22031
Procurement Contact: Tammy L. Spinks, CPPB
Telephone: 703-289-6275 Email: email@example.com
1. INTRODUCTION AND OBJECTIVE 1
1.1 Introduction 1
1.2 Objective 1
2. BACKGROUND 1
3. DEFINITIONS 1
4. SPECIFICATIONS 2
4.1 Specifications 2
4.2 Additional Requirements 4
4.3 Authorized Manufacturer’s Representative or Dealer 5
4.4 Delivery Location and Onsite Training 5
4.5 Warranty 5
4.6 References 6
4.7 Insurance Claims against Bidder. 6
5.1 Questions and Communications 7
5.2 Bid Opening and Instructions for Submitting Bids 7
5.3 Familiarity with Specifications 7
5.4 Bid Submission Form 8
5.5 Proprietary Information 8
5.6 Exceptions/Additions 8
5.7 Addenda to the IFB 8
5.8 Late Bids. 9
5.9 Arrearage 9
5.10 Contract Award 9
5.11 Public Notice of Award 9
5.12 Authorization to do Business in Virginia 9
5.13 Compliance with Laws, Regulations and Codes 10
5.14 Debarment Status 10
5.15 Duration of Bids 10
5.16 Formation of Contract 10
5.17 Unit Prices Prevail 11
5.18 Negotiation with Low Bidder 11
5.19 Rider Clause 12
5.20 Incorporation by Reference 12
6.1 Term of Contract 12
6.2 Additional Quantities 12
6.3 Anti-Discrimination 12
6.4 Antitrust 13
6.5 Assignment of Interest 13
6.6 Availability of Funds 13
6.7 Brand Names 13
6.8 Cancellation. 14
6.9 Contract Changes / Change Orders 14
6.10 Contractor’s Responsibilities 15
6.11 Delivery 15
6.12 Ethics in Public Contracting 16
6.13 Examination of Records 16
6.14 Governing Law; Venue; Waiver of Jury Trial 16
6.15 Indemnification and Responsibility for Claims and Liability 16
6.16 Insurance 17
6.17 No Waiver or Estoppel 18
6.18 Partial Invalidity 19
6.19 Payment Clauses Required in All Contracts 19
6.20 Payment 20
6.21 Price Firm Period 21
6.22 Price and Title 21
6.23 Purchase and Sale Transaction. 21
6.24 Taxes 21
6.25 Termination of Contract 21
6.26 Virginia Freedom of Information Act 22
6.27 Faith-Based Organizations 22
6.28 Immigration Reform and Control Act of 1986 22
6.29 Severability 22
6.30 Licensure 22
6.31 Authority to Transact Business in Virginia 23
6.32 Drug-free workplace to be maintained by contractor* 23
6.33 Employment Discrimination by Contractor Prohibited; Required Contract Provisions* 23
6.34 Counterparts 24
6.35 Survival of Terms 24
6.36 Non-Waiver 24
6.37 Contractual Disputes * 24
Attachment 1 Bid Submission Form
Attachment 2 References
1. INTRODUCTION AND OBJECTIVE
The Fairfax County Water Authority, doing business as Fairfax Water (FW) was created under the Virginia Water and Waste Authorities Act pursuant to resolutions adopted by Fairfax County on September 26, 1957. Fairfax Water is managed by a ten-member Board of Directors appointed for three- year terms by the Fairfax County Board of Supervisors.
The objective of this Invitation to Bid (IFB) is to award a contract to the lowest responsive and responsible bidder for the purchase of two current year production model PV500-DHO-W-B-R Trailer Mounted Power Vacuum Excavators and 3500 PSI Pressure Washer Systems, or equivalent as described and defined herein.
Fairfax Water currently makes over 900 excavations in public roads each year for the emergency and routine repair of water mains, water services, fire hydrants and valves in addition to installing new water services. Many of these excavations are completed using traditional backhoe excavation equipment or hand digging. When the size of the excavation is small, or many utilities are near the excavation it is beneficial to excavate using vacuum excavation equipment. Fairfax Water currently owns one vacuum excavator that is shared among the three maintenance yards. To provide a vacuum excavator at each yard, two additional vacuum excavators will be purchased. The accepted bidder shall be responsible for furnishing all specified equipment and providing training to FW staff.
A. Award – means the decision by FW to execute a contract after all necessary approvals have been obtained.
B. Bid – means the response by a Bidder to an Invitation for Bids issued by a procurement agency to obtain goods or services.
C. Bidder – means any person submitting a response to an IFB.
D. Contract – means the formal agreement as a result of this solicitation.
E. Contract Completion – means the point in time when FW Project Manager confirms in writing that the contract has been completed as contracted for and the Contractor is released from any further obligations. All remaining payments due the Contractor shall be approved for payment at this time.
F. Contractor – means the successful Bidder receiving a contract as a result of this solicitation.
G. Default – means that the Contractor has failed to fulfill its contractual obligations properly and on time.
H. FW – means Fairfax Water. The terms Owner and FW have the same meaning.
I. Notice – The term “Notice” or the requirement to notify means a written communication delivered in person, by facsimile, or by certified or registered mail to the individual or firm, or to an officer of the Contractor for whom it is intended.
J. Owner – Fairfax County Water Authority.
K. Project – The term “Project” means the same as the phrase “the Work.”
L. Project Manager – means FW employee assigned to this project for purposes of oversight of the project. The Project Manager is responsible for all aspects of the contract (excluding contract modifications) after contract award, including but not limited to approving design changes, and authorizing payment for completed work.
M. Specifications – The term “Specifications” describes the physical or functional characteristics or the nature of a good, service or construction item required. It may include a description of any requirement for inspecting, testing, or preparing a good, services or construction item for delivery.
N. Work – The word “Work” shall include all material, labor equipment and tools, appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and any such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated or as required by industry practice, custom or usage to complete the project as proposed by the Bidder and accepted by FW.
1. Furnish and deliver two current year production model PV500-DHO-W-B-R-T Pacific Tek Trailer Mounted Power Vacuum Excavators and 3500 PSI Pressure Washer Systems, or equivalent.
2. Bidders proposing equivalent items shall include three sets of descriptive literature sufficient to properly evaluate their bid. Failure to include the mandatory descriptive literature with the bid submission form may result in the bid being rejected as non-responsive.
B. Compliance with Standards
1. These specifications represent minimum requirements for each item. Any item proposed having less than these minimum requirements will not be considered.
2. All furnished equipment shall conform to all applicable federal and state department of motor vehicle safety standards.
3. The equipment shall be the manufacturer’s current production year model and shall include all standard equipment unless otherwise modified in accordance with these specifications. All components shall be manufacturer standard unless otherwise modified in accordance with these specifications.
4. All furnished equipment shall be delivered with invoice, manufacturer’s certificate of origin (MCO), and temporary tags, if applicable.
C. Factory Authorized Service Facility Capabilities
1. Bidder’s factory authorized service facility shall be within a 125-mile radius of Fairfax Water’s Chantilly Maintenance Facility located in Chantilly, Virginia, and shall have service technicians capable of providing onsite service calls throughout Fairfax County, Virginia.
D. Equipment Requirements
1. The following specifications represent minimum requirements and quantities
Quantity: 2 Each
Description: New Trailer Mounted Power Vacuum Excavator and 3500 PSI Pressure Washer System
Model: Pacific Tek Model PV500-DHO-W-B-R-T, or Equivalent
· 500-gallon debris tank
· 1000 CFM blower set for relief at 15" Hg
· 46 HP Tier 4i electric start, auto-shutdown diesel engine
· 13.5 HP Honda Engine
· Debris tank is lifted to empty using hydraulic cylinders
· One Step Hatch opened/closed using hydraulic cylinders
· Hydraulic flow supplied by 12 V/DC power unit with a hand held 4 function pendant with 18’ lead
· 10-micron vacuum filtration system
· Sight glass bubble on hatch door
· One 4" x 15' and one 4" x 10' vacuum hose and one detachable pick-up tube pressure washer
· Self-contained 3500psi water pump belt driven by a 13.5 gas engine
· 3500 PSI @ 4 GPM
· 100-gallon water holding tank mounted on the trailer deck
· Anti-Siphon air gap filler
· 50' pressure washer hose on a hose reel
· Wash wand with QD connections ANTI-FREEZE KIT
· 4-gallon poly tank with 4" refill lid
· Leak-proof bulkhead fitting
· Suction hose with barbed fittings
· V-tail cutout trailer tandem 6,000# axles, electric brakes, 12,000GVW#
Add on Equipment:
1. Tank Mounted Telescoping Hose Support Boom
· mounted to top of tank
· tank reinforced to support fulcrum weight
· hose support to reach 6’ to 10’ from mounting
2. (R) Reverse Flow - 4" reverse flow for easily discharging debris
· 4-way selector valve
· Pipe fittings
· Vacuum hose
· Pressure relief valve
3. Traffic Director - Title 13 (California) DOT approved LED amber traffic director
· 4 function with Daytime/Nighttime options
· Mounted to rear tank hatch
· (2) 2000 Lumen Flood Lamps mounted elevated platforms on each side of trailer
· Controller mounted in weather resistant box on curb side
4. Storage Box – Tongue Mounted
· powder coated black
· mounted to trailer tongue
· 12,000-pound GVW
· Tandem 6,000-pound axles
· Electric brakes on both axles
· Overall length is approximately 16’
· 2 5/16" vertically adjustable hitch
· Safety brake/break away function
· Ameritrail 235/80/R16 weight code: ST tires, including spare
· Foot style landing gear
· Operator, parts and service manuals included in purchase
· Certificate of Origin included at time of delivery
4.2 Additional Requirements
A. Two copies each of printed shop, operators and parts manuals shall be provided to cover all operations of equipment furnished.
B. All other equipment normally furnished as standard or required for normal operation of the equipment shall be furnished, whether specified within these documents or omitted.
4.3 Authorized Manufacturer’s Representative or Dealer
Bidder shall be an authorized sales representative of the Original Equipment Manufacturer (OEM) being bid.
4.4 Delivery Location and Onsite Training
A. Delivery of equipment shall be pre-arranged with the FW site contact and occur on any regular FW working day between the hours of 7:00 am and 12:00 pm. The FW site contact may authorize a different delivery schedule at their sole discretion.
B. Delivery Location:
Chantilly Maintenance Facility 4400 Henninger Court
Chantilly, Virginia 20151
C. Onsite Training:
The accepted Bidder shall provide all training materials and a minimum of two hours of onsite operator and mechanical/technical training for FW staff at the delivery location specified in Section 4.4.B.
A. In addition to any other warranties expressed or implied, the specific warranties of Merchantability and Fitness for a Particular Purpose apply to all orders placed as a result of this solicitation.
NOTE: Any implied warranties, including but not limited to the warranty for “Merchantability and Fitness for A Particular Purpose” cannot be waived and are a mandatory part of this solicitation and any ensuing Contract.
B. If at any time, any contract item fails to conform to the Bid/Contract specifications, the Contractor shall, at no additional cost to FW, promptly replace the defective item. If the Contractor is unable to remedy such nonconformity during a time period consistent with the requirements, FW may undertake to remedy the nonconformity, and in such case, the Contractor shall reimburse FW for any costs thereby incurred.
C. Provide three-year parts and labor warranty. Warranty shall be effective upon the actual in- service date at FW. Warranty shall be with either the manufacturer or a service facility
authorized by the manufacturer to perform warranty services. Bidders shall include the name, address and telephone number of the manufacturer warranty service location or the factory authorized repair facility location on the bid submission form. Failure to include the required service facility information on the bid submission form may result in the bid being rejected as non-responsive. All costs for warranty service (including shipping and insurance) shall be included in the warranty and at no additional cost to FW.
D. The Contractor warrants that, unless otherwise specified, all materials and equipment incorporated in the work under the contract shall be new, in first class condition, and in accordance with the Bid/Contract documents. The Contractor further warrants that all workmanship shall be of the highest quality and in accordance with Bid/Contract documents and shall be performed by persons qualified at their respective trades.
E. Materials and equipment shall be fully guaranteed against defects in material and workmanship for a period of 36-months following date of final acceptance. Should any defect be noted by FW, the FW Project Manager will notify the Contractor of such defect or non-conformance. Notification will state either (1) that the Contractor shall replace or correct, or (2) FW does not require replacement or correction, but an equitable adjustment to the Contract price will be negotiated. If the Contractor is required to correct or replace, it shall be at no cost to FW and shall be subject to all provisions of this clause to the same extent as materials initially delivered. If the Contractor fails or refuses to replace or correct the deficiency, the office issuing the purchase order may have the materials corrected or replaced with similar items and charge the Contractor the costs occasioned thereby or obtain an equitable adjustment in the contract price.
F. Work not conforming to these warranties shall be considered defective.
G. This warranty of materials and workmanship is separate and independent from and in addition to any of the Contractor’s other guarantees or obligations in this contract.
Each Bidder shall submit with its Bid, three references (See Attachment 2 – References). References shall be from customers of similar size and scope of operations as FW, to whom the Bidder has supplied the same services within the past 36-months. References shall be able to attest without reservation to the fact that the Bidder provided the contracted goods/services without a significant problem of any kind, and at any time during the contract period.
4.7 Insurance Claims against Bidder
In addition to the mandatory insurance requirements listed in Subsection 6.16 (Insurance Requirements) and at the request of FW, the apparent low bidder shall submit a list of all insurance claims made against it within the past 12 months. Failure to include this information within ten calendar days of request by FW may result in rejection of your bid.
5. INSTRUCTIONS TO BIDDERS
5.1 Questions and Communications
All contact between prospective Bidders and FW with respect to this solicitation will be formally held at scheduled meetings or in writing through the Issuing Office. Questions and comments regarding the meaning or interpretation of any aspect of this solicitation must be submitted in writing to the Procurement Contact identified on the cover page to this solicitation and must be received on or before the deadline for submitting questions. Only written questions will be accepted. Questions and/or comments which are submitted after the deadline set forth on the cover page to this solicitation will not be answered.
FW shall respond to all timely questions and comments that are properly submitted and are deemed to address a matter that is relevant and substantive in nature within a reasonable period of time, in the form of a written Addendum that will be transmitted to all prospective Bidders at the addresses furnished to FW for such purpose. Oral communications between FW and any Bidder regarding the interpretation or meaning of any aspect of this IFB are not authorized and may not be relied upon for any purpose.
5.2 Bid Opening and Instructions for Submitting Bids
The deadline for submitting bids and the location for opening bids is shown on the cover sheet. Bids will be opened immediately following the deadline for submitting bids. Bids will be opened in accordance with the provisions of the Virginia Public Procurement Act.
All bids must be submitted in a sealed package(s), no other form of submission will be accepted (i.e., E-mail, Facsimile, etc.). Bid packages must be identified on the outside as follows:
From: Name of Bidder Due Date
City, State, Zip Code IFB Title
Attn: Tammy L. Spinks
5.3 Familiarity with Specifications
Each Bidder shall bear responsibility for thoroughly examining this solicitation in its entirety. If the Bidder has any questions or comments regarding the proper meaning or intent of any aspect of this solicitation, then Bidder shall submit all such questions and comments in writing to the Procurement Contact identified on the cover sheet of this solicitation.
The submission of a Bid by the Bidder in response to this solicitation shall be deemed to constitute a representation on the part of such Bidder that it has thoroughly examined this solicitation and has submitted any and all questions and comments they may have regarding the meaning or interpretation of this solicitation to Fairfax Water in the manner prescribed herein.
5.4 Bid Submission Form
Attachment 1 is the bid submission form. It must be completed and signed by an agent who is fully authorized to bind the individual or organization submitting the offer to sell, to the terms, conditions and specifications contained herein as well as any addenda to this solicitation.
5.5 Proprietary Information
Except as provided herein or as otherwise set forth in §2.2-4342 of the Virginia Public Procurement Act (Va. Code Ann. §2.2-4300 et seq., the “Act”), all proceedings, records, contracts and other public records relating to procurement transactions shall be open to inspection in accordance with the Virginia Freedom of Information Act (Va. Code Ann. §2.2-3700 et seq., the “Virginia FOIA”).
A Bidder shall have the right to identify data or other materials submitted in connection with this solicitation as trade secrets or proprietary information, which shall not be subject to inspection pursuant to either §2.2-4342 of the Act or the Virginia FOIA, by submitting to Fairfax Water prior to or at the time of submission of its bid a separate, written notice on its letterhead stationery setting forth the following: (i) a statement indicating that the Bidder wishes to invoke the protections of this section; (ii) an identification of the data or other materials for which protection is sought; and
(iii) a statement with regard to why protection is necessary.
No exceptions or additions to Section 4 Specifications in its entirety, or Section 6 Contract Terms and Conditions in its entirety, will be permitted. Any questions or concerns regarding any part of this IFB shall be submitted in accordance with Section 5.1. Bids containing any exceptions to the Specifications or Contract Terms and Conditions or submitting additional Terms and Conditions shall be deemed non-responsive and rejected. Exceptions or additions proposed after bid submission by the successful bidder will not be accepted.
5.7 Addenda to the IFB
A. FW reserves the right to amend this solicitation at any time prior to the deadline for submitting Bids. If it becomes necessary to revise any part of this IFB, notice of the revision will be given in the form of an Addendum that will be provided to all prospective Bidders who are on record with FW as having received this solicitation. If, in the opinion of FW, the deadline for the submission of bids does not provide sufficient time for consideration of any Addendum, then such deadline may be extended at the discretion of FW.
B. It shall be the responsibility of each Bidder to contact the Purchasing Contact identified on the cover page to this solicitation prior to submission of a bid hereunder in order to determine whether any Addenda have been issued in connection with this procurement. Notwithstanding any provision to the contrary, the failure of any Bidder to receive any Addenda shall neither constitute grounds for withdrawal of its bid, nor relieve such Bidder from any responsibility for incorporating the provisions of any Addenda in its proposal.
C. Acknowledge receipt of each addendum by signing it and submitting it by the bid deadline. Failure to return a signed addendum may result in a bid being determined non-responsive.
5.8 Late Bids
Bids or unsolicited amendments to bids arriving after the bid submission deadline will not be considered.
By submitting a Bid in response to this solicitation, the individual or firm submitting the bid shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing FW, the Commonwealth of Virginia, or any public body in the Commonwealth of Virginia, including but not limited to any obligation to pay taxes and/or employee benefits. Bidder further agrees that it shall make diligent efforts to avoid becoming in arrears during the Term of any Contract awarded hereunder.
5.10 Contract Award
Contract award will be made to the lowest responsive and responsible bidder based on total cost. Whenever the lowest responsive and responsible bidder is a resident of a state other than Virginia and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid preference shall not be considered.
5.11 Public Notice of Award
Public notice of award will be posted on the official FW web site: https://www.fairfaxwater.org/contracts
5.12 Authorization to do Business in Virginia
Each bidder that is organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Virginia Code shall include with their bid the identification number issued to it by the Virginia State Corporation Commission. Any bidder that is not authorized to transact business in Virginia as a foreign entity under Title 13.1 or Title 50 of the Virginia Code or as otherwise required by law shall include in its bid a statement describing why the bidder is not
required to be so authorized. Any bidder that fails to provide the required information may not receive an award.
5.13 Compliance with Laws, Regulations and Codes
The Bidder hereby represents and warrants that:
A. It is qualified and properly licensed to do business in the Commonwealth of Virginia and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;
B. It is not in arrears with respect to the payment of any monies due and owing FW, the Commonwealth of Virginia, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;
C. It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and
D. It shall obtain at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this Contract.
5.14 Debarment Status
By submitting a Bid in response to this solicitation, each Bidder certifies that it is not currently debarred by the federal government, the Commonwealth of Virginia, or any agency or department thereof from submitting a bid or proposal in connection with any procurement project and that it is not an agent of any person or entity that currently is so debarred.
5.15 Duration of Bids
Bids shall be valid for a minimum of 90 days following the deadline for submitting bids. If an award is not made during that period, all bids shall be automatically extended for another 90 days. Bids will be automatically renewed until such time as either an award is made, or proper notice is given to FW of Bidder's intent to withdraw its bid. Bids may only be withdrawn by submitting written notice at least seven days before the expiration of the then current 90-day period.
5.16 Formation of Contract
A. The words “Contract” and “Purchase Order” are used interchangeably unless the context otherwise plainly requires. The documents comprising the Contract shall be accorded the following order of precedence:
1. The Contract including any Amendments or Change Orders;
2. All Purchase Orders;
3. Any Addenda to the IFB;
4. This IFB (including all Appendices and Attachments hereto); and
5. The Bidder’s completed Bid Tabulation Form (including any drawings and submittals).
B. The contract to be entered into as a result of this IFB shall be by and between the Bidder as Contractor and FW. It shall include the following items, which are listed in order of precedence:
1. The fully executed contract between the parties, or FW Purchase Order,
2. The IFB and any Addenda to the IFB,
3. The Bidder’s response to the IFB (including any drawings and submittals), and
4. All correspondence between the parties regarding this IFB.
C. Anything called for by one of the contract documents and not called for by the others shall be of like effect as if required or called for by all, except that a provision clearly designed to negate or alter a provision contained in one or more of the other contract documents shall have the intended effect.
5.17 Unit Prices Prevail
In the event that there is a mathematical error on the bid submission form, the unit price for each item shall prevail. All costs to provide the goods and/or services specified in this solicitation shall be shown on the attached bid the bid submission form. Line items left blank will be interpreted as at no cost to FW.
5.18 Negotiation with Low Bidder
If the lowest bid submitted by a responsive and responsible bidder exceeds available funds for this procurement, then Fairfax Water may, in its discretion, conduct negotiations with the lowest responsive and responsible bidder (the “Low Bidder”) in an effort to obtain a contract price that is within available funds. In such event, Fairfax Water will notify the Low Bidder verbally or in writing that its bid exceeds available funds and will schedule a conference with the Low Bidder, Fairfax Water staff, and such advisors and consultants as Fairfax Water deems appropriate in order to discuss possible modifications to the scope of the procurement that may result in a price that is within available funds. The conference and any subsequent negotiations may be conducted in person or by telephone. If, during the conference, the parties arrive at an acceptable modification to the scope of the project and a contract price that is within available funds, then Fairfax Water may award a contract to the Low Bidder based upon the newly-modified terms and conditions. Otherwise, the Low Bidder will, within 15 days after the date of the conference (or such longer or shorter period as may be specified in writing by Fairfax Water), submit to Fairfax Water a written addendum to its original Bid Form which describes its proposed modification(s) to the scope of the procurement and sets forth the Low Bidder’s newly adjusted bid price. Fairfax Water may conduct further negotiations with the Low Bidder or request additional clarifications or modifications. If the Low Bidder’s proposed modifications are acceptable to Fairfax Water and the associated contract price is within available funds, then Fairfax Water may award a contract to the Low Bidder based upon the modified terms and conditions. If the proposed modifications are not acceptable to Fairfax Water, or the associated price reductions are not within available funds, then Fairfax Water will terminate negotiations and reject all bids.
5.19 Rider Clause
Subject to the mutual agreement between the parties, any contract awarded on the basis of this solicitation may be used by any public entity (to include jurisdictions comprising the Metropolitan Washington Council of Governments), to enter into a contract for the services described and defined herein. For single purchases, the contract may be used for up to 12 months from the actual date of contract award. For multi-year contracts, the contract may be used throughout the effective period of the contract. Contracts awarded as a result of this solicitation will be subject to these terms and conditions, and/or such terms and conditions as may be required by the controlling body for the public agency using the contract. Pricing shall be as offered by the successful Offeror and subsequently accepted by FW.
5.20 Incorporation by Reference
This solicitation is issued in accordance with, and controlled by, the Virginia Public Procurement Act (VPPA), which is incorporated into and made part of the solicitation. By submitting a bid in response to this solicitation, all Bidders acknowledge the VPPA and agree to be bound by it. A copy of the VPPA is available for inspection at the FW Purchasing Department. It is also available at the following site:
6. CONTRACT TERMS AND CONDITIONS
6.1 Term of Contract
The term of this contract shall be the time required to fulfill all contractual obligations.
6.2 Additional Quantities
FW reserves the right to purchase additional quantities of the goods or services specified herein at the bid price for up to one year from the date of contract award. By submitting a bid in response to this solicitation, bidder agrees to provide the item bid, or the then current version of the bid item at the price originally bid.
By submitting their bids, Bidders certify to FW that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and §11-51 of the Virginia Public Procurement Act.
A. During the performance of the contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disabilities, except where religion,
sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.
B. The Contractor will include the provisions above in every subcontract or purchase order so that the provisions will be binding upon each subcontractor or vendor.
C. Fairfax Water does not discriminate against faith-based organizations on the basis of the organization’s religious character, or impose conditions that (a) restrict the religious character of the faith-based organization, except as provided by law, or (b) impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services, or disbursements.
By entering into a contract, the Contractor conveys, sells, assigns, and transfers to FW all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by FW.
6.5 Assignment of Interest
The Contractor shall not assign any interest in any resulting Contract and shall not transfer any interest in the same without prior written consent of FW, which FW shall be under no obligation to grant.
6.6 Availability of Funds
It is understood and agreed between the parties herein that FW shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.
6.7 Brand Names
In the case of bids specifying brand names or models:
A. Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict Bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article that FW, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. Each Bidder
shall be responsible for clearly identifying the product being offered (by manufacturer’s name, model, part number, etc.) and to provide three sets of descriptive literature, catalog cuts and technical detail to enable FW to determine if the product offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the Bidder clearly indicates that the product offered is an “equal” product, such bid will be considered to offer the brand name product specified in this solicitation.
B. For purposes of this solicitation and any contract that may result here from, FW’s designation of any one or more manufacturers and/or suppliers as “preapproved” or “acceptable” shall signify only that such manufacturers and/or suppliers previously have submitted work samples or the like to FW which satisfied FW’s requirements. FW’s designation of any one or more manufacturers and/or suppliers as “preapproved” or “acceptable” shall in no event be deemed or construed to be a representation or warranty on the part of FW of any such manufacturer’s or supplier’s capability or capacity (in terms of financial wherewithal, personnel and equipment availability, managerial ability or otherwise) of performing any of the requirements of this solicitation in accordance with the terms and conditions hereof. Each Bidder shall conduct such independent investigation into the qualifications, experience and abilities of its selected manufacturers and suppliers as it deems appropriate under the circumstances.
FW may cancel this solicitation at any time and for any reason prior to contract award.
6.9 Contract Changes / Change Orders
A. No verbal agreement or conversation with any officer, agent or employee of FW either before or after the execution of any Contract resulting from this solicitation or follow-on negotiations, shall affect or modify any of the terms, conditions, specifications, or obligations contained in the solicitation, or resulting Contract. No alterations to the terms and conditions of the Contract shall be valid or binding upon FW unless made in writing and signed by the purchasing contact identified on the cover page. Contract changes shall be in writing and shall be on official FW Purchasing Department letterhead. In any event and in all circumstances, the Contractor shall be solely liable and responsible for any Contract changes, deviations, etc., made without first receiving written authorization to deviate from the Contract by the FW Project Manager.
B. Changes can be made to the contract in any of the following ways:
1. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.
2. FW may order changes within the general scope of the contract at any time by Notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of
delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give FW a credit for any savings. Said compensation shall be determined by one of the following methods:
a. By mutual agreement between the parties in writing; or
b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to FW’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or
c. By ordering the Contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present FW with all vouchers and records of expenses incurred and savings realized. FW shall have the right to audit the records of the Contractor, as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by Notice to the Purchasing Department. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Contractor from promptly complying with the changes ordered by FW or with the performance of the contract generally.
6.10 Contractor’s Responsibilities
A. The Contractor shall be responsible for all products and/or services as required by this IFB. The use of subcontractors is prohibited unless:
1. A request to include a subcontractor is included in the bid and,
2. The Bidder receives written approval to use a subcontractor prior to, or as part of the formal contract between the parties.
B. Even when properly authorized by FW, the use of a subcontractor does not relieve the Contractor of liability under the contract.
C. The Contractor, at its sole expense, shall be responsible for damage to FW and non-FW property as a result of its failure, or its subcontractor’s failure to protect such facilities and utilities.
D. The Contractor, at its sole expense, shall immediately repair or replace FW property damaged by (or caused by) the Contractor or its Subcontractor(s). Replacements will be of equal or better quality than the property damaged property, and all such work must be approved by FW Project Manager.
In the case of solicitations that require delivery to FW:
A. By submitting a bid in response to this solicitation, the Bidder guarantees delivery of contract items within the timeframe specified herein or as indicated on the bidders bid submission form. Failure to deliver within the time specified, or as amended in writing by FW, or failure to make replacements of rejected Contract items, shall constitute a breach of contract and may be grounds for a declaration of default in addition to any other remedies FW may be entitled to.
B. Deliveries must be made by within the delivery time specified in the bid submission document. If a delay is anticipated, the Contractor must provide as much advanced notice as possible to FW. Failure to honor a delivery schedule may result in damages to FW. The Contractor is liable for any and all costs incurred by FW due to such failures.
6.12 Ethics in Public Contracting
Contractor hereby certifies that it has familiarized itself with Article 4 of Title 11 of the Virginia Public Procurement Act, Section 11-72 through 80, Virginia Code Annotated, and that all amounts received by it, pursuant to a contract resulting from this solicitation, are proper and in accordance therewith.
6.13 Examination of Records
Bidder agrees that in any resulting contract, either FW or its duly authorized representative shall have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to any resulting contract. This obligation shall expire five years after the final payment for the final service performed as a result of any and all contract(s) awarded pursuant to this solicitation, or until audited by FW, whichever is sooner. Contractor will provide reasonable access to any and all necessary documents and upon demand provide copies of documents if so required by FW or its representative(s). FW will reimburse the Contractor for any reasonable expenses it incurs as a result of such a request.
6.14 Governing Law; Venue; Waiver of Jury Trial
Notwithstanding any provision to the contrary, this solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia. Any dispute arising hereunder which is not otherwise resolved by the parties shall be resolved by a court of competent jurisdiction in the Commonwealth of Virginia. The Contractor and FW hereby waive any right such party may have to a trial by jury in connection with any such litigation.
6.15 Indemnification and Responsibility for Claims and Liability
With respect to any contract that results from this solicitation, Bidder is bound by the following:
A. The Contractor shall indemnify, save harmless and defend FW, or any employee of FW, against liability for any suits, actions, or claims of any character whatsoever arising from or relating to the performance of the Contractor or its subcontractors under this contract.
B. FW has no obligation to provide legal counsel or defense, or pay attorney's fees to the Contractor or its subcontractors in the event that a suit or action of any character is brought by any person not party to the contract, against the Contractor or its subcontractors as a result of or relating to the Contractor's obligations under this contract.
C. FW has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor's obligations under this contract.
D. The Contractor shall immediately notify FW of any claim or suit made or filed against the Contractor or its subcontractors regarding any matter resulting from or related to the Contractor's obligations under the contract. If such a claim or suit is brought, the Contractor will cooperate, assist, and consult with FW in the defense or investigation of any suit or action made or filed against FW as a result of or relating to the Contractor's performance under this contract.
E. The Contractor shall pay all royalties and license fees necessary for performance of the contract. The Contractor shall defend all suits or claims for infringement of any patent rights or other proprietary rights arising from or related to performance of the resulting contract and shall save FW harmless from any loss, including Attorneys’ fees arising out of any such claim.
A. In addition to the mandatory insurance requirements listed in this Section and, at the request of FW, any Bidder may be required to provide a list of all insurance claims made against it within the past 36 months. FW reserves the right to reject any bid if in FW’s opinion the amount or number of claims is deemed to be excessive. A Bidder’s failure to comply with this requirement may result in rejection of its bid. If no claims have been made, then the Bidder shall so state in its bid. Fairfax Water may require such information from the Contractor as it deems necessary to assess the Contractor’s financial ability to pay any deductibles with respect to the insurance policies required hereunder.
B. Before commencing the work, the Contractor shall procure and maintain at its own expense, minimum insurance in forms and with insurance companies acceptable to FW to cover loss or liability arising out of the Work. All insurance policies must be underwritten by insurers authorized to conduct business within the Commonwealth of Virginia and must have a Best's rating of at least A- and a financial size of class VIII or better in the latest edition of Best's Insurance Reports.
C. The Contractor shall immediately notify FW of any claim or suit made or filed against the Contractor or its subcontractors regarding any matter resulting from or related to the Contractor's obligations under the contract. If such a claim or suit is brought, the Contractor will cooperate, assist, and consult with FW in the defense or investigation of any suit or action made or filed against FW as a result of or relating to the Contractor's performance under this contract.
D. With the exception of Workers’ Compensation and Employers’ Liability Insurance, all additional insurance policies specified herein shall name FW as an additional insured with regard to work performed under any subsequent Contract
E. The Contractor will provide FW with copies of certificates of insurance coverage and proof of payment of all premiums. Each certificate of insurance must include: (a) an endorsement from the insurer that certifies that the Contractor maintains the referenced policy in full force and effect; (b) where applicable, a statement indicating that FW is included as an additional insured; and (c) a provision requiring that not less than 30 days written notice will be given to FW before any policy or coverage is canceled or modified in any material respect. Without limiting the requirements set forth above, the insurance coverages will include a minimum of:
1. Workers' Compensation and Employers' Liability Insurance: Statutory requirements and benefits as required by the Commonwealth of Virginia; and
2. Required Commercial General Liability Insurance: This insurance must be written on an "occurrence" basis and shall be endorsed to include FW as an additional insured and shall provide at a minimum the following:
¨ General Aggregate Limit $1,000,000 (Other than Products-Completed Operations)
¨ Products-Completed Operations Aggregate Limit $ 500,000
¨ Personal & Advertising Injury Limit $ 500,000
¨ Each Occurrence Limit $ 500,000 For Construction Contracts:
¨ Directors & Officers – Errors & Omissions $2,000,000
F. Business Automobile Liability Insurance: This insurance coverage must extend to any motor vehicles or other motorized equipment regardless of whether it is owned, hired, or non-owned and must cover Bodily Injury and Property Damage with a combined single limit of at least
$1,000,000 each accident. This insurance must be written in comprehensive form and must protect the Contractor and FW against claims for injuries to members of the public and/or damage to the property of others arising from the Contractor’s use of motor vehicles or other equipment and must cover both on-site and off-site operations.
G. Nothing contained herein will be deemed to operate as a waiver of FW’s sovereign immunity under the law.
6.17 No Waiver or Estoppel
Neither the inspection by FW nor any of its employees, nor any payment of money, nor payment for, nor acceptance of any Commodity by FW, nor any extension of time shall operate as a waiver of any provision of this Contract, or of any power herein reserved to the Owner or of any right to
damage herein provided. No waiver of any breach of this Contract shall be held to be a waiver of any other subsequent breach. All remedies provided in this Contract to FW shall be construed as cumulative and shall be in addition to each and every other remedy herein provided. Neither FW, nor any officer, employee, or authorized representative of FW, will be bound, precluded, or estopped by any action, determination, decision, acceptance, return, certificate, or payment made or given under or in connection with the Contract by any officer, employee or authorized representative of the Owner, at any time either before or after final completion and acceptance of the Work and payment therefore from: (a) showing the true and correct classification, amount, quality, or character of the Commodities delivered, or that any determination, decision, acceptance, return certificate or payment was incorrect or was improperly made in any respect, or that the Commodities or any part thereof do not in fact conform to the requirements of the Contract; (b) demanding and recovering from the Contractor any overpayment made to the Contractor or such damages as FW may sustain by reason of the Contractor’s failure to comply with the requirements of the Contract; or (c) both of the foregoing clauses (a) and (b).
6.18 Partial Invalidity
Neither any payment for, nor acceptance of, the whole or any part of the services by FW, nor any extension of time, shall operate as a waiver of any provision of any Contract resulting from this IFB, nor of any power herein reserved to FW, or any right to damages herein provided, nor shall any waiver of any breach of any Contract be held to be a waiver of any other or subsequent breach. Failure of FW to require compliance with any term or condition of any Contract shall not be deemed a waiver of such term or condition or a waiver of the subsequent enforcement thereof.
6.19 Payment Clauses Required in All Contracts
Section § 2.2-4352 of the Virginia Public Procurement Act requires the following:
A. That any contract awarded by FW include the following clauses:
1. The Contractor shall take one of the two following actions within seven days after receipt of amounts paid to the contractor by FW for work performed by any subcontractor(s) under the contract:
a. The Contractor shall pay its subcontractor(s) for the proportionate share of the total payment received from FW attributable to the work performed by the subcontractor under that contract; or
b. Notify FW and any subcontractor(s), in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.
2. Bidders shall include in their offer submissions either: (i) if an individual contractor, their social security numbers; and (ii) proprietorships, partnerships, and corporations to provide their federal employer identification numbers.
3. The contractor shall pay interest to the subcontractor(s) on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the Contractor of
payment from FW for work performed by the subcontractor under the contract, except for amounts withheld as allowed in subdivision 1.
4. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.
B. The contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.
C. A contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of FW. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.
A. Invoices: All invoices are to be sent directly to FW Accounts Payable department by mail, fax. or e-mail. Invoices shall include the FW Purchase Order / Contract number and the contractor’s FEIN. Invoices are not to be sent to the contract Project Manager, or other departmental reps. Failure to comply may result in late payments for which FW will not be liable.
B. Terms: All payments will be Net 30 from the date of receipt of a valid invoice at FW Finance Department. Payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.
C. Partial Payments: Requests for partial payments or advanced payments must be submitted as part of the Price Bid along with a justification. FW reserves the right to accept, reject or negotiate requests for partial payments. If the request is rejected, the Bidder must waive the requirement in order to remain in consideration.
D. Refunds: If the Contractor is declared to be in default, FW will be eligible for a full and immediate refund for all payments made to the Contractor. Partial Payments: Requests for partial payments or advanced payments must be submitted as part of the Price Offer along with a justification. FW reserves the right to accept, reject or negotiate requests for partial payments. If the request is rejected, the Bidder must waive the requirement in order to remain in consideration.
E. Unreasonable Charges: Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, final payment is contingent on a determination of reasonableness with respect to all invoiced charges. Charges that appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon
determining that invoiced charges are not reasonable, FW shall promptly notify the Contractor, in writing, as to those charges that it considers unreasonable and the basis for the determination.
6.21 Price Firm Period
Bid pricing shall be firm and fixed as originally offered and accepted for the first 12 months of the contract.
6.22 Price and Title
All prices are for Commodities delivered F.O.B. the facility set forth on the Purchase Order and shall represent the entire cost to FW. Title for such Commodities shall pass to FW upon receipt and acceptance thereof at FW’s designated facility.
6.23 Purchase and Sale Transaction
Any transaction for the purchase and sale of any Commodity shall be affected by FW’s issuance to the Contractor of a Purchase Order, in which event the Contractor covenants and agrees to furnish all Commodities described therein in strict accordance with the terms and conditions of such Purchase Order and the other documents that together constitute the Contract.
FW is exempt from Federal Excise Taxes, Virginia State Sales and Use Taxes, and the District of Columbia Sales Taxes and Transportation Taxes. FW's tax identification number is 54-6025290.
6.25 Termination of Contract
A. For Cause. In the event that the Contractor: (1) fails to deliver any Commodity or Service in accordance with the time period established therefore in the Contract; or (2) fails to furnish any Commodity or Service which conforms in all respects to the requirements of the Contract; then FW, without prejudice to any other rights or remedies it may have at law or in equity (including its right to seek damages from the Contractor), shall have the right to terminate the Contract and any outstanding Purchase Orders by issuing a written notice of termination to the Contractor. Such notice of termination shall describe in reasonable detail the grounds for the termination and shall take effect immediately upon receipt by the Contractor.
If, after issuance of a notice of termination under this Section it is determined for any reason that cause for such termination did not exist, then the rights and obligations of the parties shall be the same as if the notice of termination had been delivered under the provisions of subsection B (termination for convenience) hereof; provided, however, that the Contractor in such event shall be deemed to have received seven days prior written notice of such termination. Any compensation due the Contractor pursuant to subsection B shall be offset by the cost to FW of remedying the default by the Contractor. The Contractor shall in no event be entitled to receive
any consequential damages or any anticipated profits with respect to Commodities not yet furnished to, and accepted by, FW as of the effective date of any such termination.
B. For Convenience. FW shall have the right to terminate the Contract and/or any outstanding Purchase Orders issued hereunder at its own convenience for any reason by giving seven business days prior written notice of termination to the Contractor. In such event, the Contractor shall be paid an amount equal to the actual cost of any Commodity delivered to, and accepted by, FW and the actual cost of any equipment, goods or materials ordered by the Contractor hereunder in good faith which could not be canceled, less the salvage value thereof, provided sufficient substantiation is furnished to FW. Any subcontract entered into by the Contractor in connection with the transactions contemplated hereby shall contain a similar termination provision for the benefit of the Contractor and FW. The Contractor shall in no event be entitled to receive anticipated profits on any Commodities not yet furnished to and accepted by FW as of the effective date of any such termination.
6.26 Virginia Freedom of Information Act
Except as provided herein, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, any interested person, firm, or corporation, in accordance with the Virginia Freedom of Information Act.
6.27 Faith-Based Organizations
FW does not discriminate against faith-based organizations.
6.28 Immigration Reform and Control Act of 1986
By entering this Contract, the Contractor certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens.
In the event that any provision shall be adjudged or decreed to be invalid by a court of competent jurisdiction, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.
To the extent required by the Commonwealth of Virginia (see e.g. 54.1-1100 et seq. of the Code of Virginia) or FW, the Contractor shall be duly licensed to provide the goods and services required to be delivered pursuant to this Contract.
6.31 Authority to Transact Business in Virginia
A Contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title
13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described herein that enters into a Contract with FW pursuant to the Virginia Public Procurement Act 2.2-4300 et seq. shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract. FW may void any Contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.
6.32 Drug-free workplace to be maintained by contractor*
During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
6.33 Employment Discrimination by Contractor Prohibited; Required Contract Provisions*
The following provision is required to be in every contract of more than $10,000 (Virginia Public Procurement Act, § 2.2-4311)
A. During the performance of any ensuing contract, the Contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
2. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
B. The contractor will include the provisions of the foregoing paragraphs 1, 2 and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
This Contract and any amendments or renewals hereto may be executed in a number of counterparts, and each counterpart signature, when taken with the other counterpart signatures, is treated as if executed upon one original of this Contract or any amendment or renewal. A signature by any party to this Contract provided by facsimile or electronic mail is binding upon that party as if it were the original.
6.35 Survival of Terms
Upon discharge of this Agreement, Sections (Notice, Hold Harmless, Warranties, Governing Law/Forum, Contractual Disputes) of these Terms and Conditions continue and survive in full force and effect.
No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver of this Agreement constitute a continuing waiver unless otherwise expressly provided.
6.37 Contractual Disputes *
A. Contractual claims, whether for money or for other relief, will be submitted in writing not later than 60 days after final payment; provided however, that written notice of the Consultant’s intention to file such claim must:
1. Be delivered to the attention of FW’s Procurement Representative assigned to this contract at the address shown on the cover sheet of this IFB, not later than five days after the occurrence or of the beginning of the Work upon which the claim is based; and
2. Contain a reasonably detailed description of the basis of the claim otherwise the claim will be deemed to have been waived. FW will make a written decision upon any such claim within 60 days after submittal of the claim. The Contractor will not institute legal action prior to receipt of FW’s decision on the claim unless FW fails to render such decision within 90 days after submittal of the claim. The decision of FW will be final, unless the Contractor initiates legal action as provided in Section 2.2-4364 of the Virginia Code. Failure of FW to render a decision within 90 days will not result in the Contractor being awarded the relief claimed, nor will it result in any other relief or penalty. The sole result of FW’s failure to render a decision within the time allotted will be the Contractor’s right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2-4365 of the Virginia Code has been established for contractual claims under this Agreement.
B. No claim of any nature will be made against FW by or on behalf of a subcontractor unless the Consultant has first: (a) evaluated such claim thoroughly and determined it to be meritorious;
(b) issued a written notice to the subcontractor finding the subcontractor’s claim to be meritorious and setting forth any additional compensation or additional days to be paid or granted to the subcontractor on account of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will provide FW with a copy of the written notice to the subcontractor and with evidence of payment in full of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractor.
ATTACHMENT 1 BID SUBMISSION FORM
FAX: FED ID #:
Pursuant to Title 13.1 or Title 50 of the Virginia Code provide the identification number issued to your firm by the Virginia State Corporation Commission (VSCC) in the space provided below, If your firm is not required to be authorized to transact business under Title 12.1 or Title 50, or any other law; provide a statement why your firm is not required to be so authorized.
Company Name Identification Number
If you do not have a VSCC identification number, explain why it is not required in the space below:
All Bids shall be quoted as FOB Destination. Include all necessary costs in your bid submission. Failure to include the cost of shipping and handling will be interpreted as included in the unit price for each item. FW will not pay for shipping charges not included in your bid.
Bidder shall clearly identify the product being offered and for all proposed equivalent items shall provide three sets of descriptive literature, catalog cuts and technical detail. Failure to furnish adequate data for evaluation purposes may result in declaring the offer non-responsive. Unless the Bidder clearly indicates that the product offered is an “equal” product, such bid will be considered to offer the brand name product specified in this solicitation.
Unit of Issue
Pacific Tek Model PV500-DHO-W- B-R-T Trailer Mounted Power Vacuum Excavators and 3500 PSI Pressure Washer Systems, or Equivalent
Manufacturer: Model Name/Number: Delivery Time: Calendar days after receipt of order Warranty Service Facility Name, Address and Contact Number:
*Shipping, if applicable
3 Sets of Proposed Equivalent Equipment Descriptive Literature, Catalog Cuts and Technical Detail Attached:
· PAYMENT TERMS: All bids will be interpreted as Net 30 unless otherwise specified herein. FW’s minimum payment term is Net 30 days. By submitting an offer to sell in response to this solicitation, all bidders acknowledge and agree to this requirement.
By my signature I certify that I am acting as an agent or in the case of an LLP, the Partner or Managing Partner, for the firm identified on this Bid Submission Form, and that I am fully authorized to bind the firm to the specifications, terms, and conditions of this solicitation, as well as any addenda thereto.
Signature: Printed Name:
ATTACHMENT 2 REFERENCES
1. COMPANY NAME: ADDRESS:
CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) - -
2. COMPANY NAME: ADDRESS:
CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) - -
3. COMPANY NAME: ADDRESS:
CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) - -