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 December 17, 2014 IFB Number: REC CHILLED WATER PIPE INSULATION 1. The Town of Christiansburg (Town or Owner) is soliciting unsealed 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 Monday, January 12, Bids may be submitted via fax to or via to is preferable. Bids may also be delivered to the attention of Jeff Groseclose at 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 prior to the time stated above. 3. Delivered Bids must be marked Bid Response IFB # REC on the outside of the envelope and must be marked to the attention of Jeff Groseclose. Faxed Bids should include a cover sheet marked to the attention of Jeff Groseclose and the subject should be marked Bid Response IFB # REC Responses should be signed below. 5. Responses must be submitted on this form and provided attachments. 6. Bids received after the deadline will not be accepted. 7. The Bidder must provide all exceptions to this Invitation for Bid in writing, to be included with the Bid. 8. 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 18

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. 10. There will be an optional pre-bid meeting, at the job site held by Town representatives on January 6, 2015 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 inspect the job site. No additional pre-bid meetings will be provided. Bidders should notify the buyer on the face of this Invitation for Bid in advance if they intend on attending the pre-bid meeting. 11. 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 8 in SECTION VII: BID FORMS. 12. Each bidder shall complete and submit with its bid the Workers Compensation Certificate of Coverage BID FORM D appearing on page 9 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. 13. 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 18

3 BIDDER INFORMATION: The Bidder should complete this section entirely. CERTIFICATION: IN ACCORDANCE WITH THIS INVITATION FOR UNSEALED 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#) NUMBER OF CALENDAR DAYS FOR PROJECT COMPLETION 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 unsealed Invitation for Bid (IFB) is to establish a contract with a qualified contractor to remove old insulation and install new insulation on chilled water lines servicing the gymnasium at the Christiansburg Recreation Center. SECTION III: CONTRACT PERIOD The contract period shall be from execution of the contract until the completion of the project and acceptance by the Town. SECTION IV: SCOPE OF WORK The Town needs the service of a contractor that can provide the following: A. GENERAL DESCRIPTION: 1. Removal of, and proper disposal of, old chilled water pipe insulation and installation of new insulation on chilled water pipe servicing the gymnasium at the Christiansburg Recreation Center according to specifications and all federal, state, and local laws, codes, and ordinances. Page 3 of 18

4 B. CONTRACTOR S RESPONSIBILITY: 1. Contractor shall provide all equipment, tools, labor, materials, and services necessary to properly remove and dispose of old chilled water pipe insulation and install new insulation on chilled water pipes servicing the gymnasium at the Christiansburg Recreation Center according to specifications and all federal, state, and local laws, codes, and ordinances. 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 per the terms and conditions of this solicitation. 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 and an MSDS for each product to be used, if applicable. 5. Contractor shall comply with all applicable Federal, State, and local laws, regulations and rules, including, but not limited to, 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. 6. Safety: The Contractor shall ensure the safety of all by-standers within or near the worksite per the terms and conditions of this solicitation. Contractor shall comply with all standards, rules and regulations for the insulation industry. The Contractor is recommended to follow best industry practices for the commercial insulation industry, including using all recommended Personal Protective Equipment (PPE) while performing work under any contract resulting from this solicitation. 7. All work shall be performed Monday through Friday (excluding Town Holidays) between the hours of 8:00 a.m. and 5:00 p.m unless otherwise coordinated with the Town and approved by the Town. 8. 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. 9. Performance of work: 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. In the event that the Contractor causes damage to the property during the Contractor s work on the property, 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. The Recreation Center has a new poured rubber floor that the Contractor must protect from damage while working. The contractor shall be responsible for professional repairs of damages to the floor and the Town will select a contractor to repair any such damages. d. Any damage to utilities or Town property; or personal injury to Town employees, the Contractor s employees, or the general public due to the Contractor s work shall be reported to the Owner and the Contract Administrator, or his designee, immediately. e. 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. f. 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. g. 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 Page 4 of 18

5 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. h. 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 the job site overnight or unattended by Contractor unless approved by the Town in advance. 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. 10. Equipment: The Town will provide a man lift at the work site if the Contractor chooses to use it. Contractor shall furnish all other equipment and tools, which are 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, local, and OSHA 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. 11. Materials: All materials and supplies used by Contractor must meet all Federal, State, and Local codes and requirements, including, but not limited to, all NFPA and OSHA regulations. 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. 12. 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 to building, and procedures with the Town. 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. d. The Christiansburg Recreation Center is a facility open to the general public and it will remain open during the performance of the work required in this solicitation. The Contractor shall coordinate and schedule work with the Town so that only specific areas are closed to the general public at any given time. The contractor must take all necessary precautions to ensure the safety of users of the facility and Town employees located within the facility. The Contractor must keep their supplies, materials, tools, equipment, debris, trash, and other items confined to the specific work area they are working in or in storage and staging areas provided by the Town. The Contract Administrator, or his designee, must approve the schedule of areas to be worked in or closed off to the public prior to the Contractor commencing work. 13. Inspection: 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. C. SPECIFICATIONS 1. GENERAL a. All existing insulation shall be removed from chilled water pipe. b. The contractor shall properly dispose of all existing insulation once removed from Page 5 of 18

6 chilled water pipe in accordance with all federal, state, and local laws, codes, and ordinances. c. The contractor shall correctly prepare the pipe for specified coatings and insulation per manufacturer instructions and recommendations and industry standards. d. The contractor shall apply Polyguard RG-2400 LT Corrosion Control Compound, or equivalent material, to pipe prior to installing new insulation according to manufacturer instructions and recommendations. e. The contractor shall install new fiberglass insulation with an all service jacket (ASJ) according to manufacturer instructions and recommendations. f. The contractor shall install white PVC jacket over all service jacketed fiberglass chilled water pipe insulation according to manufacturer instructions and recommendations. g. All work shall be performed in accordance with federal, state, and local laws, codes, and ordinances; including, but not limited to National Fire Protection Association (NFPA) codes. h. The contractor must provide floor protection for gymnasium floor while working that shall be sufficient for preventing damage to the floor during the project. i. The contractor shall properly dispose of all old insulation, cartons or packaging associated with new materials, and any trash or other debris associated with this project. 2. MATERIALS a. All materials must meet commercial insulation industry standards for chilled water pipe b. All materials must meet all federal, state, and local codes; including, but not limited to NFPA codes. 3. WORK HOURS AND SCHEDULE a. All work shall be performed Monday through Friday from 8:00 am to 5:00 pm, unless otherwise approved by the Town. b. Work shall be performed while the facility is open to the general public and facility employees are working. c. The gymnasium must be fully accessible and usable by the public every day no later than 5:00 pm, clear of all supplies, materials, tools, equipment, debris, trash, safety hazards, and other items related to the project. d. All work shall be completed within forty-five (45) days of award. SECTION V: INVOICES Invoices for services provided for any contract resulting from this solicitation shall be submitted to: Town of Christiansburg, Attn: Valerie Tweedie, Director of Finance 100 East Main Street Christiansburg, VA SECTION VI: CONTRACT ADMINISTRATION A. Stan Wilkinson, General Services Superintendent, or his designee shall be identified as the Contract Administrator and shall use all powers under the contract to enforce its faithful performance. Page 6 of 18

7 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. SECTION VII: BID FORMS A. PRICING SCHEDULE The Bidder shall include a lump sum price for this bid item. Vendor quotations and other supporting documentation may be included with the Bid, but Bids may be rejected if the Pricing Schedule is not completed and returned with Bid. Lump Sum Bid Price shall be for services described in the Scope of Work in this solicitation. Description All equipment, tools, labor, materials, and services necessary to properly remove and dispose of old chilled water pipe insulation and install new insulation on chilled water pipes in the gymnasium at the Christiansburg Recreation Center according to specifications and requirements of this IFB $ Lump Sum Bid Price 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. Page 7 of 18

8 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 Job Completed Page 8 of 18

9 D. 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 9 of 18

10 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 10 of 18

11 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 11 of 18

12 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 12 of 18

13 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 13 of 18

14 W. Public Notice of Award: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Town of Christiansburg will publicly post such notice on the Town of Christiansburg website ( if the amount of the transaction is $30,000 or more. Award information may also be obtained by contacting the buyer whose name appears on this solicitation. X. Qualification of Bidders: The Town of Christiansburg may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the (bidder/offeror) shall furnish to the Town of Christiansburg all such information and data for this purpose as may be requested. The Town of Christiansburg reserves the right to inspect (bidder s/offeror s) physical facilities prior to award to satisfy questions regarding the (bidder s/offeror s) capabilities. The Town of Christiansburg further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the Town of Christiansburg that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein. Y. Supremacy Clause: Notwithstanding any provision in the bidder s response to the contrary, the bidder agrees that the terms and conditions contained in the Town of Christiansburg s bid prevail over contrary terms and conditions contained in the bidder s response. Z. Taxes: Sales to the Town of Christiansburg are normally exempt from State sales tax. State sales and use tax certificates of exemption will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. AA. Transportation and Packaging: By submitting their (bids/proposals), all (bidders/offerors) certify and warrant that the price offered for FOB destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity. BB. Testing and Inspection: The Town of Christiansburg reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. CC. Use of Brand Names: 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 which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Town to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation. DD. Vendors Manual: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. A copy of the manual is available for review from the Commonwealth of Virginia Division of Purchase and Supply in Richmond, VA and is normally accessible on the Internet at under Vendors Manual on the vendors tab. SPECIAL TERMS AND CONDITONS 1. Award: The Town will make the award on a lump sum basis to the lowest responsive and responsible bidder. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. The Town also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest. Should a successful Bidder fail or refuse to execute and return the Contract and supply the required documentation, including without limitation insurance, within the time allowed, the Town may proceed to contract with the next lowest responsible bidder meeting all specifications and reference requirements, and may debar the first low Bidder from future bidding opportunities. Each bidder may be required to submit evidence of qualifications, experience, equipment, and financial standing to perform the work specified in this solicitation. 2. Bid Pricing: Bid price shall be in the form of a lump sum price for the entire project. 3. Cancellation: A. For Cause Page 14 of 18

15 The Owner may cancel and terminate this Contract upon written notice to Contractor whenever Town determines, in Town's sole and exclusive discretion, that Contractor's services fall below the quality of services generally provided by others for similar types of services, or Contractor has failed to perform in accordance with this Contract. Prior to any such cancellation and termination, Contractor shall be given written notice and five (5) days to cure such failures. Default by Contractor hereunder shall constitute a basis for determining for future contracts that Contractor is not a responsible bidder and for Town to refuse to award such future contracts to Contractor. In the event that Contractor defaults in the performance of any of the terms, conditions or agreements contained in this Contract, and/or Owner places the enforcement of all or part of this Contract in the hands of an attorney for enforcement, including the filing of a suit upon the same, Contractor agrees to pay all of Owner's reasonable attorney's fees and costs related to any such proceeding. 4. Complete Information: The bidder shall clearly and specifically identify the product being bid, including manufacturers and model information, and enclose complete and detailed descriptive literature, catalog cuts and specifications with the bid to enable the Town of Christiansburg to determine if the product bid meets the requirements of the solicitation. This is required even if bidding the exact brand name as shown. Failure to do so may cause the proposal to be considered nonresponsive. 5. Contract Documents: The contract entered into by the parties shall consist of the Invitation for Bid including all addenda and modifications thereof, the bid submitted by the Contractor, the Town of Christiansburg Contract Form, all of which shall be referred to collectively as the Contract Documents. 6. Contractor Registration: The Contractor shall maintain an appropriate contractor s license as required by the Commonwealth of Virginia, a business license as required by the Town of Christiansburg, and insurance certificates as required by the Town of Christiansburg throughout the term of the contract. Contact the Town of Christiansburg office of Business, Professional, and Occupational Licenses (BPOL) at ext for registration and licensing requirements. Proof of required registration, licenses, and insurance coverage must be submitted to the Town prior to Award and prior to any work. 7. Contractor s Title to Materials: No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sales or other agreement by which an interest is retained by the seller. The Contractor warrants that he has clear title to all materials and supplies for which he invoices for payment. 8. Delivery Notification: The Town of Christiansburg shall be notified at least two business days prior to delivery of any items so that personnel may be available to allow access to the building and verify items received. The Town will provide delivery contact info at time of award or purchase order. 9. Delivery and Storage: It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The Town of Christiansburg will not assume any responsibility for receiving these shipments. Contractor shall check with the Town of Christiansburg and make necessary arrangements for security and storage space in the building during installation. 10. Duplicate Copies: Contract resulting from this solicitation may be executed in any number of counterparts, each of which shall be deemed an original and all of such counterparts together shall constitute one and the same instrument. 11. Extra Charges Not Allowed: The bid price shall be for complete performance of services per the Scope of Work including all labor and materials, and shall include all applicable freight, delivery, handling, installation, and other charges; extra charges will not be allowed. 12. Final Inspection: At the conclusion of the work, the Contractor shall demonstrate to the authorized Town s representatives that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the Contractor at the Contractor's sole expense prior to final acceptance of the work. 13. Hazardous And Other Wastes Material And Substances: A. Contractor shall not dispose of or release any wastes of any kind, whether hazardous or not, on Owner's premises. B. Contractor shall remove all waste containers and debris arising from its work and shall dispose of it properly, in accordance with all applicable laws. C. Contractor shall not bring or allow or permit to be brought onto the premises and shall not dispose of or release onto or from any Town or other property any hazardous, toxic or petroleum material, substance, or waste. Compliance with all environmental laws shall be Contractor's sole responsibility at its sole cost. Contractor shall immediately furnish to the Owner written notice of any and all releases of hazardous wastes, materials or substances whenever such releases are required to be reported to any federal, state or local authority, and pay for all clean up and removal costs. Such written notice shall identify the substance released, the amount released, and the measures Page 15 of 18