TOWN OF CHRISTIANSBURG PURCHASING OFFICE 100 EAST MAIN ST. CHRISTIANSBURG, VA PH: FAX:

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1 TOWN OF CHRISTIANSBURG PURCHASING OFFICE 100 EAST MAIN ST. CHRISTIANSBURG, VA PH: FAX: SECTION I: INSTRUCTIONS TO BIDDERS INVITATION FOR BID March 13, 2014 IFB Number: PW CONTRACT FOR MOWING AND RELATED SERVICES 1. The Town of Christiansburg (Town or Owner) is soliciting sealed Bids for the goods or services specified below and in accordance with all SECTIONS of this Invitation for Bid (IFB). 2. All Bids shall be submitted by 3:00 P.M., prevailing time, on Wednesday, March 26, Sealed Bids must be delivered to the Town of Christiansburg Purchasing Office, 100 East Main Street, Christiansburg, VA It is the bidder s responsibility to confirm that all bids are received by the Town s Purchasing Office prior to the time stated above. 3. Sealed Bids should be returned in a sealed envelope clearly marked Bid Response IFB # PW on the outside of the envelope and should be marked to the attention of Jeff Groseclose. 4. Bidder s name should also be clearly marked on the outside of the envelope. 5. Responses should be signed below. 6. Responses must be submitted on this form and provided attachments. 7. Bids received after the deadline will not be accepted. 8. The Bidder must provide all exceptions to this Invitation for Bid in writing, to be included with the Bid. 9. Address all inquiries and correspondence regarding this IFB to: Jeff Groseclose, VCA, VCO Purchasing Coordinator jgroseclose@christiansburg.org Phone: FAX: Pursuant to Virginia Code each bidder or offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, (1950), as amended, or as otherwise required by law, is required to include in its bid its Virginia State Corporation Commission (SCC) Identification Number. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as Page 1 of 23

2 otherwise required by law is required to include in its bid or proposal a statement describing why the bidder is not required to be so authorized. Bidders should complete the following: A. B. C. Bidder is a Virginia business entity organized and authorized to transact business in Virginia and such bidder s SCC Identification Number is. Bidder is an out-of-state (foreign) business entity authorized to transact business in Virginia and such bidder s SCC Identification Number is. Bidder does not have an Identification Number issued to it by the SCC and such bidder is not required to be authorized to transact business in Virginia by the SCC for the following reason(s): Please attach additional sheets of paper if you need more space to explain why such bidder is not required to be authorized to transact business in Virginia. 11. There will be a mandatory pre-bid meeting, including site visits of all facilities (attending site visits is also mandatory), held by Town representatives on March 19, 2014 at 10:00 a.m. at the Christiansburg Recreation Center, 1600 N. Franklin St., Christiansburg, Virginia, in order to assist bidders in preparing their bid packages. Any interested bidder should arrive by the specified time in order to view the sites. No additional pre-bid meetings will be provided. Failure to attend mandatory pre-bid meeting and site visits will be cause for rejection of bids. Bidders should notify the buyer on the face of this Invitation for Bid in advance if they intend on attending the pre-bid meeting. 12. Each bidder shall include on the bid form the name of at least three commercial references for similar work, including the name and telephone number of a contact at the referenced company on BID FORM C appearing on page 11 in SECTION VII: BID FORMS. 13. Each bidder shall complete and submit with its bid the Workers Compensation Certificate of Coverage BID FORM F appearing on page 14 in SECTION VII: BID FORMS. No award shall be made to any bidder who fails to show such evidence of the required Workers Compensation Coverage. 14. Any revisions or corrections to the Invitation for Bid will be in the form of an Addendum, which will be posted to the Bids and RFPs section of the Town s website at Page 2 of 23

3 BIDDER INFORMATION: The Bidder should complete this section entirely. CERTIFICATION: IN ACCORDANCE WITH THIS INVITATION FOR SEALED BID AND SUBJECT TO ALL TERMS AND CONDITIONS IMPOSED HEREIN AND IN ATTACHMENTS, THE UNDERSIGNED OFFERS AND AGREES TO FURNISH THE ITEM(S) FOR THE PRICE(S) OFFERED, AND CERTIFIES THAT HE OR SHE IS AUTHORIZED TO MAKE SUCH AN OFFER. FULL LEGAL NAME (PRINT) (Company name as it appears with your Federal Taxpayer Number) FEDERAL TAXPAYER NUMBER (ID#) DELIVERY DATE BUSINESS NAME/DBA NAME/TA NAME (If different than the Full Legal Name) FEDERAL TAXPAYER NUMBER (If different than ID# above) TERMS NET 45 PURCHASE ORDER or NOTICE TO PROCEED ADDRESS PAYMENT ADDRESS CONTACT NAME/TITLE (PRINT) SIGNATURE (IN INK) DATE ADDRESS TELEPHONE NUMBER TOLL FREE TELEPHONE NUMBER FAX NUMBER SECTION II: PURPOSE The intent and purpose of this sealed Invitation for Bid (IFB) is to establish a term contract with one or more qualified contractors to provide mowing and related services to the Town of Christiansburg for multiple facilities. SECTION III: CONTRACT PERIOD The initial term of the contract shall be from execution until October 31, A contract resulting from this solicitation may be renewed by the Town of Christiansburg upon written agreement of both parties for four (4) optional one year periods from the year 2015 through the year 2018, with the work to take place for a 31 week period during each year from approximately April 1 through October 31. SECTION IV: SCOPE OF WORK The Town needs the service of a contractor that can provide the following: A. GENERAL DESCRIPTION: 1. Contractor shall provide the equipment, labor, materials, and services necessary to provide mowing and related services at 14 different Town locations as described in this solicitation, once per week during the period from approximately April 1, 2014 through October 31, 2014 (31 weeks) for a total of 31 times at each location ( Work ) as funds are available. Page 3 of 23

4 For a detailed description of the specific locations and Work items to be performed and related requirements, please see the Specifications for Mowing and Related Work in SECTION IV.C SPECIFICATIONS. B. CONTRACTOR S RESPONSIBILITY: 1. Contractor shall provide the equipment, labor, materials, and services necessary to provide mowing and related services at Town locations as described in this solicitation, once per week during the period from approximately April 1, 2014 through October 31, 2014 (31 weeks) for a total of 31 times at each location ( Work ) as funds are available.. 2. Contractor must be in good standing with the Town of Christiansburg and must be in compliance with all Commonwealth of Virginia Codes and Laws as well as all Town Codes and Ordinances. 3. The Contractor shall maintain an appropriate business license and certificates of insurance as required by the Town of Christiansburg office of Business, Professional, and Occupational Licenses (BPOL) throughout the term of the Contract. Contact Lori Bayne (Town BPOL Clerk) at ext for business license requirements. 4. The successful Bidder shall be required, within seven (7) calendar days after the receipt of the "Notice of Award" to execute the Contract and provide the Town with certificates of insurance for required General Liability, Workers Compensation, and other insurance coverage, copy of valid business license, a list of products proposed to be used, along with an MSDS for each product to be used, if applicable. 5. Each bidder shall specify in its bid the name and number of full-time and part-time employees and salaried supervisory employees available to perform the Work. No work shall be performed by subcontractors. 6. Contractor shall comply with all applicable Federal, State, and local laws, regulations and rules, including, without limitation, all OSHA and other laws and regulations governing protection of employees performing the Work and others as well as all requirements of the Christiansburg Town Code and specifically Article III, Regulation of Noise thereof, and that it has and shall maintain all licenses, certificates, and permits necessary to perform the Work and shall maintain all such licenses and permits as may be required by Federal, State, and local agencies during the term of the Contract. 7. Safety: Contractor shall comply with all standards, rules and regulations sited in the Virginia Department of Transportation 2011 Virginia Work Area Protection Manual. The manual can be printed from the VDOT.com website by typed Work Area Protection into the site search. The consistent use of the appropriate high yellow, Class 3 safety vests, vehicles equipped with high visibility amber rotating lights, orange cones/barrels and work zone signage will be required whenever work is being conducted in the Town s street medians and shoulder right-of-ways (including sidewalks). The Contractor is recommended to follow best industry practices for the landscape maintenance industry by using Personal Protective Equipment (PPE) while performing landscape maintenance operations for the optimal safety and welfare of all personnel working on the Towns sites. Information about approved Personal Protective Equipment can be found on the Occupational Health and Safety website ( and the American National Standards Institute( provides information on the specific PPE required for the use of each type of landscape industry equipment (blowers, weed eaters, mowers, etc.). The Contractor shall ensure the safety of all by-standers within or near the worksite. Workers shall keep all mowers, weed eaters and other motorized equipment away from by-standers on the sites, children on playground equipment or athletic fields when working on a site. This shall include the Contractor avoiding blowing clippings in the direction of by-standers. 8. Any Work done on Monday through Saturday shall only be done between the hours of 7 a.m. to 7 p.m. Any Work done on Sunday shall only be done between the hours of 2 p.m. to 7 p.m. All Work shall also otherwise be in compliance with the Christiansburg Town Code, including, without limitation, Article III Regulation of Noise. 9. The Contractor shall be required to obtain and maintain comprehensive General Liability Insurance in the amount of $1,000, as well as statutory Workers Compensation and Employer's Liability Coverages as described in the Terms and Conditions of this solicitation. 10. Performance of work: Page 4 of 23

5 a. The Work shall be performed in a good, workmanlike and safe manner, consistent with industry standards and any applicable manufacturer's or vendor's warranty or product manufacturer's recommended guidelines. b. Contractor shall protect the property of the Owner from any and all damage caused by the Contractor's operations. The Contractor shall carry on the operations in such a manner so as not to damage the existing ground areas, trees, shrubs, signs, fences, mailboxes or public building obstacles. The Contractor shall take care not to mow during wet conditions where turf damage or ruts would occur. In the event that damage occurs to turf, trees, shrubs, signs, fences or other public obstacles on the property during mowing or landscaping operations, the Contractor shall replace or repair same at its own cost and expense in like kind and at the direction of the Contract Administrator, or his designee, at no additional expense to the Town. If damaged property resulting from the Contractor s operations has to be repaired by the Town, the cost of such work and repair shall be deducted from the Contractor s payment. c. Any damage to utilities shall be reported to the Owner and the Contract Administrator or his designee. d. Contractor shall maintain the work area in a neat, clean and safe condition at all times. Contractor shall vigilantly containerize, clean up and remove trash and demolition debris daily. e. Subcontractors: Contractor shall not assign this Contract of any of its rights or duties hereunder, nor shall Contractor subcontract any of the Work hereunder. The Owner will not recognize any subcontractor on the Work. A qualified representative of Contractor shall be present at all times when any Work is in progress. The qualified representative shall be duly authorized to receive and execute orders of the Owner. f. Contractor agrees to furnish its best skill and judgment in furtherance of the interest of the Owner. Contractor agrees to furnish at all times an adequate supply of materials and skilled workmen who are thoroughly trained and experienced in the necessary crafts and methods to properly perform the Work, and to perform the Work in the best way and in the most expeditious, economic and safe manner consistent with the interest of the Owner. g. Contractor agrees that all Work shall be completed in a good and timely manner and that time is of the essence for completion of this Contract. All Work, including any preparation and all removal of equipment cleanup shall be completed on the same day any Work is commenced. No tools or equipment may be left on any site overnight or unattended by Contractor. Contractor shall notify the Owner at least two business days in advance of the date it desires to begin any Work and must coordinate all Work in advance with the Contract Administrator, or his designee. 11. Equipment: Contractor shall furnish all equipment, which is reasonably necessary to perform the Work in accordance with the specifications contained herein. All equipment used must be supplied by Contractor, shall meet and be used and operated in accordance with all federal, state, and local requirements, and shall be of sufficient type and size and in good and safe condition as is necessary to meet the requirements of the Work. Contractor warrants that such equipment shall be of such type as to cause no hazard or reasonably foreseeable danger to Town employees, members of the public, or property of the Town or its tenants. 12. Materials: All materials and supplies used by Contractor shall either conform to the requirement specifications contained herein, or otherwise be specifically discussed with and accepted by the Town. 13. Scheduling and Notification of Work: a. Prior to the Contractor beginning any work, it shall participate in the Work planning meeting which shall include representatives of the Town and the Contractor and shall address many of the issues identified below. Such meeting will take place at least one week prior to the beginning of the Work. b. Contractor shall also coordinate Work scheduling, parking, access and procedures with the Town in order to minimize the inconvenience to businesses and the general public. c. Unless otherwise approved by Owner or required by the Contract documents, all Work shall be scheduled at least 48 hours in advance with the Town. Unless other arrangements have been made, Contractor's employee or representative shall contact Town's authorized representative to schedule the Work. 14. Inspection: Page 5 of 23

6 a. A representative of the Owner, designated by the Contract Administrator, shall have the right at all times to examine the supplies, materials and equipment used by Contractor, to observe the operations of the Contractor and its employees, to verify the activities being performed, and to do any act or thing which the Owner may be obligated or have the right to do under this Contract. b. The Contractor shall submit a maintenance schedule to the Owner s representative showing each site being serviced and the date each will be serviced. The schedule shall be in accordance with the suggested period as outlined. The Contractor shall contact the representative of the Owner to discuss and agree upon schedule due to weather or emergency situations. The Owner reserves the right to remove the scheduled service for that period from the schedule. Failure of the Contractor to provide an appropriate schedule will be grounds of default of this contract. c. The Owner will conduct an inspection of all sites at the completion of each maintenance service. The Contractor may be present during this inspection. The Owner s representative will identify any areas of correction for the areas inspected and the Contractor shall have 24 hours to correct the maintenance service. If the Contractor is not present during the inspection, the Owner/representative shall notify the Contractor within 24 hours of the items in need of correction. The contractor shall notify the Owner s representative of any damages or hazardous conditions that affect the appearance, condition or safety of the grounds to be serviced. Failure to correct any deficiencies by the Contractor shall be grounds to withhold payment of the invoice until services have been corrected. The Contractor shall not be allowed to continue with the next maintenance services, until all matters have been resolved. The Owner reserves the right to procure services for the maintenance services and charge the difference to the Contractor. d. The Contractor shall be responsible for all property damages and/or personal injuries to their employees, to Town employees, or to the public resulting from its operations. All property damages or personal injuries shall be reported to the Owner immediately. 15. Reporting: Contractor is responsible for several reporting requirements that will provide the Owner with valuable information about park conditions, in addition to work performed. Failure to provide required reports in the allotted time may result in the Town withholding payment, deducting from payment, or considering the Contractor in default. a. Contractor shall turn in weekly mowing checklists to the Owner/representative within 2 business days of completing weekly mowing. b. Contractor shall provide a written summary of inspection naming any problem areas, i.e., dry grass, saturated turf, silt wash, across sidewalks or other issues, and shall describe action Contractor is taking to correct the noted problem. This report shall submitted via telephone (follow by ), or . These problem reports should be conveyed separately from the usual daily reports. Proactive reporting assists the Town with identifying problem areas and allows staff to better respond to resident concerns. c. The following reports must be included with the monthly billing invoice, or payment can be delayed: Weekly Mowing Checklists, Pesticide Spraying Logs, Turf Conditions Report. Page 6 of 23

7 C. SPECIFICATIONS Maps Detailing all work sites are in the following Exhibits, which are incorporated in to this IFB as Exhibits 1 through 17: Exhibit # Map Description 1 Christiansburg Aquatic Center Mowing Map 2 Christiansburg Aquatic Center Additional Services Map 1 3 Christiansburg Aquatic Center Additional Services Map 2 4 Fire Department and Rescue Squad Mowing Map 5 Christiansburg Recreation Center Mowing Map 6 Christiansburg Recreation Center Additional Services Map 1 7 Christiansburg Recreation Center Additional Services Map 2 8 Town Hall and Police Department Mowing Map 9 Circle Park Mowing Map 10 Depot Street Park Mowing Map 11 Depot Street Park with Soccer Field Mowing Map 12 Downtown Park Mowing Map 13 Rosa Peters Park Mowing Map 14 Town and Country Park Mowing Map 15 Wall Street Park Mowing Map 16 Wayside Park Mowing Map 17 Sunset Cemetery Mowing Map 1. WORK HOURS a. All work is to be performed once per week unless otherwise noted from April 1 or execution of Contract, whichever is later, through October 31, or 31 weeks. Any work done on Sunday shall be done between the hours of 1 p.m. and 7 p.m. and between 2 p.m. and 7 p.m. at the cemetery. b. All work shall otherwise be in compliance with the Christiansburg Town Code, including, without limitation, Article III Regulation of Noise. 2. OPERATIONS a. Mowing i. Mowing decks shall be set to between 3 inches and 4 inches-3 inches during periods of average rainfall and 4 inches during wet periods to avoid clumping. ii. Mower blades shall be kept sharp to produce even cuts on the grass. iii. Contractor shall refrain from mowing when turf is saturated with water, if standing water is present or if turf is covered with frost. Check with Owner/representative if unsure of conditions. iv. All litter, debris, rocks and sticks shall be removed from each area prior to mowing. v. Mowing patterns shall be alternated each week. vi. Clippings in mowed areas shall be evenly dispersed and the mowed area shall be free of clumped grass. vii. Banks which are too steep for mowers shall be cut with a grass string trimmer to avoid damage to the turf. Areas that must be cut with a string trimmer are indicated on the maps of the properties and will be reviewed at the site visit. Page 7 of 23

8 viii. Mowing operators shall take care when turning mowers to avoid damaging turf. Any damage to the turf must repaired to the satisfaction of the Owner/representative. b. Trimming i. All curbs, sidewalks, gaps between gutters and asphalt/curbs and sidewalks concrete pads, utility pedestals, signs, posts, tree rings and banks too steep to mow shall be cut with a gas string trimmer. ii. Use caution when mowing or trimming around vehicles. The contractor will be responsible for any damages. iii. Trimmer operator shall avoid scalping turf and shall trim grass at the mowing height around obstacles and on banks. iv. Any property damaged during mowing or trimming operations shall be repaired or replaced at the Contractor s expense. The Owner shall have the option of having the Contractor make repairs or replace damaged property or have the property fixed at the Contractor s expense. c. Mulching i. Mulch in all playgrounds listed below must be maintained throughout the term of the contract. The level of the mulch shall be kept up to the level of the plastic timbers surrounding the playgrounds, across the entire playgrounds for the duration of the mowing contract. ii. Mulch in playground areas shall be maintained in compliance with the U.S. Consumer Product Safety Commission, CPSC guidelines throughout the term of the contract. These guidelines may be found in the following link: Consumer Product Safety Commission: Public Playground Safety Handbook (See Section 2.4) o o o o o Depot Street Park Wall Street Park Downtown Park Town and Country Park Circle Park d. Clean-up i. Contractor shall remove all grass clippings, mulch, leaves and other debris from all sidewalks, curbs, gutters, driveways, planted areas, steps, streets prior to leaving each property. Discharging grass into mulched areas shall be avoided. ii. Contractor shall remove and dispose of off-site all litter and debris picked up before mowing operations. iii. Contractor shall remove clumps of grass clippings that couldn t be dispersed with mowers and dispose of off-site. 3. ADDITIONAL SERVICES FOR CHRISTIANSBURG AQUATIC CENTER AND CHRISTIANSBURG RECREATION CENTER ONLY (These services are to be bid as separate line items on pricing sheet and will only be contracted if funds are available) a. Christiansburg Aquatic Center: i. Pull weeds out of all tree rings, shrub beds, retention ponds and planters inside the skate park. Cut or spray weeds between curbs and sidewalks, between gutters and asphalt, and in sidewalks. Page 8 of 23

9 ii. Mulch all tree rings, large retention pond behind the Aquatic Center, shrub beds by Depot Street and small retention pond on the Franklin Street side of the property, planting beds inside the skate park with hardwood mulch. (Note: trees and flowerbeds next to the building that have brick chips shall be weeded and raked even). b. Christiansburg Recreation Center i. Pull weeds out of all tree rings, planted mulch beds, planters in front of building, and flowerbeds in the enclosed patio area. Cut or spray weeds between curbs and sidewalks, between gutters and asphalt, and in sidewalks ii. Mulch all tree rings, islands, flowerbeds, planters in front of building and the flowerbeds in the enclosed patio area with hardwood mulch. SECTION V: INVOICES Invoices for services provided for any contract resulting from this solicitation shall be submitted to: SECTION VI: CONTRACT ADMINISTRATION Town of Christiansburg, Attn: Valerie Tweedie, Director of Finance 100 East Main Street Christiansburg, VA A. David Sutphin, Assistant Superintendent of Public Works, or his designee shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance. B. The Contract Administrator, or his designee, shall determine the amount, quantity, acceptability, and fitness of all aspects of the services and shall decide all other questions in connection with the services. The Contract Administrator, or his designee, shall not have authority to approve changes in the services which alter the concept or which call for an extension of time for this contract. Any modifications made, must be authorized by the Town of Christiansburg Purchasing Office through a written amendment to the contract. C. The Contract Administrator may elect to designate a representative for the Town as a primary contact for Inspections and Reporting for each facility. The Contract Administrator will provide the contact information for each facility representative to the Contractor once a Contract is awarded and executed. Page 9 of 23

10 SECTION VII: BID FORMS A. PRICING SCHEDULE The Bidder shall include unit prices for each weekly service for each facility, a total price for the 31 week period for each service for each facility, and a total 31 week bid price for all services and all facilities. Unit prices will prevail in the case of any mathematical error or pricing contradictions. Bids will only be accepted where pricing is submitted on this Bid Form. Vendor quotations and other supporting documentation can be included with the Bid, but Bids may be rejected if the Pricing Schedule is not completed and returned with Bid. Unit prices and total prices will be for services described in the Scope of Work in this solicitation. Bidder to insert dollar amounts to be assigned to each portion of the Work which when added together should equal the TOTAL BID AMOUNT. Facility Description Weekly Service Unit Price 31 Week Bid Price (Weekly Unit Price x 31Weeks) Christiansburg Aquatic Center (mowing, trimming & cleanup per specifications) $ $ Christiansburg Aquatic Center (Additional Services: Weeding & Mulching per specifications) $ $ Fire Department and Rescue Squad $ $ Christiansburg Recreation Center (mowing, trimming & cleanup per specifications) $ $ Christiansburg Recreation Center (Additional Services: Weeding & Mulching per specifications) $ $ Town Hall and Police Department $ $ Circle Park $ $ Depot Street Park $ $ Downtown Park $ $ Rosa Peters Park (mowing services are currently funded for this park through June 30, Funding for this facility is subject to annual approval by Town Council.) $ $ Town and Country Park $ $ Wall Street Park $ $ Wayside Park $ $ Sunset Cemetery $ $ TOTAL BID AMOUNT: 31 Week Bid Price for All Services for All Facilities as Described in Scope of Work $ Page 10 of 23

11 B. EXCEPTIONS: Bidders must list all exceptions to specifications and requirements of this IFB: *Note above if there are further exceptions and list them on a separate page and include with bid response. C. REFERENCES: Bidders must provide at least 3 references for services provided to customers similar to the Town of Christiansburg. (Attach additional sheets if necessary): Reference Name Address Phone # Contact Person Nature of Contract Date Completed Page 11 of 23

12 D. MOWING EQUIPMENT AND EMPLOYEE LIST COMPANY NAME: List all mowing equipment and number of employees to be utilized by Contractor to maintain grass for this contract. Make copy of this page if additional space is needed. No. Quantity Description of Equipment Manufacturer Employees: The Contractor has (number) of employees available to his/her company to perform mowing services as needed for this contract. Page 12 of 23

13 E. CERTIFICATIONS The bidder shall identify, but not limited to, the following professional certifications that are held and are currently valid. Certification Name Certificate # Issue Date Expiration Date Business License Commercial Pesticide Applicator Registered Pesticide Technician Certified Grounds Management Certified Crew Chief Virginia Certified Horticulturist Other: Other: Page 13 of 23

14 F. WORKER S COMPENSATION CERTIFICATE OF COVERAGE Certificate of Coverage COMMONWEALTH OF VIRGINIA WORKERS' COMPENSATION Section , Code of Virginia, requires contractors and subcontractors to obtain and maintain workers' compensation insurance while performing work on behalf of the Commonwealth of Virginia, its departments, institutions or agencies. This same requirement applies on behalf of local governments. Evidence of coverage must be provided prior to commencement of work. This form must be returned to the organization contracting the work. The undersigned organization stipulates that it: A. has workers' compensation insurance and is in compliance with the Workers' Compensation statutes of the Commonwealth of Virginia Yes No Insurance Company Policy expiration date or, B. is self-insured for workers' compensation Yes. Title of Contract: PROJECT: Contract Number: Signed by: Title: Firm Name: Address: Page 14 of 23

15 SECTION VIII: TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS A. Acceptance of Bids: Unless otherwise specified, all bids submitted shall be valid for a minimum period of 60 calendar days following the date established for receiving bids. At the end of the 60 calendar days, if no award has been made, the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled. B. Anti-Discrimination: By submitting their bids, bidders certify to the Town of Christiansburg 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 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, E). In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any 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. b. 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. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. C. Antitrust: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Town of Christiansburg 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 the Town of Christiansburg under said contract. D. Applicable Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Virginia with jurisdiction within the County where the work is to be performed or in the United States District Court for the Western District of Virginia, Roanoke, Virginia. The Contractor shall comply with federal, state and local laws and regulations. E. Assignment of Contract: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Town of Christiansburg. F. Availability of Funds: It is understood and agreed between the parties herein that the Town of Christiansburg shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. G. Bid Pricing: The Bid price shall be an all-inclusive price to deliver the specified goods and/or services FOB Destination to the address specified address per the specifications. Invoices must be itemized and will be paid at the unit price in the bid. The Town will not accept or pay for additional line items such as freight, shipping and handling, delivery, downtime, equipment, lost time due to inclement weather or any other charges additional to the unit prices quoted in the Page 15 of 23

16 Bid. Prices are to remain in effect the entire term of the contract and may only be increased at the time of optional renewal as mutually agreed upon by the parties. E. Changes to the Contract: 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. The Town of Christiansburg may order changes within the general scope of the contract at any time by written 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 the Town of Christiansburg 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 the Town of Christiansburg 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 the Town of Christiansburg with all vouchers and records of expenses incurred and savings realized. The Town of Christiansburg 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 written notice to the Town of Christiansburg within thirty (30) days from the date of receipt of the written order from the Town of Christiansburg. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. 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 the Town of Christiansburg or with the performance of the contract generally. H. Claims: Contractual claims, whether for money or other relief, shall be submitted in writing to the Town Manager, Town of Christiansburg Office of the Town Manager, 100 East Main Street, Christiansburg, VA 24073, no later than sixty (60) days after final payment; however, written notice of the contractor s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pending claims shall not delay payment of amounts agreed due in the final payment (Code of Virginia, Section ). A contractor may not institute legal action prior to receipt of the Town Manager s decision on the claim, unless that office fails to render such decision within sixty (60) days. Failure of the Town to render a decision within sixty (60) days shall not result in the contractor being awarded the relief claimed or in any other relief or penalty. The sole remedy for the Town s failure to render a decision within sixty (60) days shall be the contractor s right to institute immediate legal action. The decision of the Town Manager shall be final and conclusive unless the contractor, within six (6) months of the date of the final decision of the claim, institutes legal action as provided in the Code of Virginia, Section I. Clarification of Terms: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than three (3) working days before the due date. The bidder may be asked to submit such questions in writing. Any revisions to the solicitation will be made only by addendum issued by the buyer. J. Debarment Status: By submitting their bids, bidders certify that they are not currently debarred by the Commonwealth of Virginia or the Town of Christiansburg from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. K. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Town of Christiansburg, after due oral or written notice, may procure them from other sources and hold the contractor responsible Page 16 of 23

17 for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Town of Christiansburg may have. In addition, the Town of Christiansburg reserves the right to cancel any orders placed that are not delivered by the date specified in the Invitation for Bid. L. Drug-Free Workplace: 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. For the purposes of this section, drug-free workplace means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. M. Ethics in Public Contracting: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. N. Facsimile and Bids: Facsimile or bids will not be accepted for sealed bids. O. Immigration Reform and Control Act of 1986: By submitting their bids, the bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of The Contractor shall maintain complete documentation on employees including the I-9 form required by the U.S. Department of Citizenship and Immigration Services, and supporting documentation including permanent resident alien VISA, temporary alien VISA, or other forms of appropriate documentation as identified by the I-9 form, and to furnish these documents to the Town, at any time upon request, for any employee working on projects in accordance with the scope of the work involved in this or other contracts with the Town of Christiansburg. P. Indemnification: Contractor agrees to indemnify, defend and hold harmless the Town of Christiansburg and the Commonwealth of Virginia and their officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor and any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the Town of Christiansburg or failure of the Town of Christiansburg to use the materials, good, or equipment in such manner already and permanently described by the contractor on the materials, goods or equipment delivered. Q. Late Bids: To be considered for selection, bids must be received by the Town of Christiansburg Purchasing Office, 100 East Main Street, Christiansburg, VA 24073, by the designated date and hour. Bids received in the Town of Christiansburg Purchasing Office after the date and hour designated are automatically disqualified and will not be considered. The Town of Christiansburg is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or other means of delivery. It is the sole responsibility of the bidder to ensure that its bid reaches the Town of Christiansburg Purchasing Office by the designated time and hour. R. Mandatory use of Town Form and Terms and Conditions: Failure to submit a bid on the official Town of Christiansburg form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bid may be cause for rejection of the bid; however, the Town of Christiansburg reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Town of Christiansburg may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties. S. Negotiation with the Lowest Bidder: Unless all bids are cancelled or rejected, the Town of Christiansburg reserves the right granted by of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the Town whenever such low bid exceeds the Town s available funds. For the purpose of determining when such negotiations may take place, the term available funds shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The Town shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that Page 17 of 23

18 its bid exceeds the available funds and that the Town wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the Town and the lowest responsive, responsible bidder. T. Nondiscrimination of Contractors: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. U. Payment: 1. To Prime Contractor: a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the Town of Christiansburg or state contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations). b. Any payment terms requiring payment in less than 45 days will be regarded as requiring payment 45 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 45 days, however. c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed. d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act. 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, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which 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, the Town of Christiansburg shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, ). 2. To Subcontractors: a. A contractor awarded a contract under this solicitation is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the contractor s receipt of payment from the the Town of Christiansburg for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the Town of Christiansburg and the subcontractor(s), in writing, of the contractor s intention to withhold payment and the reason. b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Town of Christiansburg, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Town of Christiansburg. V. Precedence of Terms:The following General Terms and Conditions ANTI-DISCRIMINATION, ANTITRUST, APPLICABLE LAWS AND COURTS, CLARIFICATION OF TERMS, DEBARMENT STATUS, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, MANDATORY USE OF TOWN FORM AND TERMS AND CONDITIONS, PAYMENT, VENDORS MANUAL shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply. Page 18 of 23