INVITATION FOR BID. Yorkshire Service Area Refuse Pickup and Disposal

Transcription

1 Purchasing Department P.O. Box 2266 Woodbridge, Virginia Telephone (703) Fax (703) INVITATION FOR BID DATE: April 26, 2013 IFB NUMBER: SA 2713 TITLE: BID OPENING DATE/TIME: Yorkshire Service Area Refuse Pickup and Disposal May 22, 11:00 a.m. NON-MANDATORY PRE-BID CONFERENCE: May 8, 2:00 p.m. QUESTION DEADLINE: May 10, 12:00 p.m. ( or fax to: Patsy Armentrout purchasinggroup @pwcsa.org; Fax Number: (703) ) SUBMIT ONE ORIGINAL AND TWO (2) COPIES OF BIDS TO: MAIL ADDRESS: STREET ADDRESS: Prince William County Service Authority Prince William County Service Authority Attn: Patsy J. Armentrout Attn: Patsy J. Armentrout P. O. Box County Complex Court Woodbridge, VA Woodbridge, VA In compliance with this Invitation for Bid and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the services in accordance with the attached signed bid. Company Name Authorized Signature Date Name Printed Phone Number Fax Number Note: Prince William County Service Authority does not discriminate against faith based organizations in accordance with the Code of Virginia or against a Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. 1

2 IFB SUBMISSION FORM IFB SA 2317 SECTION I COMPANY IDENTIFICATION AND OWNERSHIP DISCLOSURE Company Contact Person Address Title Telephone No. Fax No. Indicate which: Corporation *Minority Owned/Controlled Partnership Business Yes No Sole Prop. Small Business Yes No Organized under the laws of the State of Principal place of Business at *Minorities are defined as African Americans, Hispanics, Asians or Pacific Islanders, American Indians, Alaskan Natives, and Women. Following are the names and addresses of all persons having an ownership interest of 3% or more in the Company (Attach additional sheets if necessary) Name Address SECTION II CONFLICTS OF INTEREST This solicitation is subject to the provisions of Section et. Seq. Virginia Code annotated, the State and Local Government Conflicts of Interests Act. The Bidder ( ) is ( ) is not aware of any information bearing on the existence of any potential organizational conflict of interest. SECTION III COLLUSION I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same services, materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of the State and Federal law and result in fines, prison sentences, and civil damage awards. I hereby certify that the responses to the above representations, certifications, and other statements are accurate and complete. I agree to abide by all conditions of this Invitation for Bid and certify that I am authorized to sign for the Bidder. Signature Date Name Printed Title Bidder Must Return This Completed Form with Bid Submission 2

3 TABLE OF CONTENTS PAGE SECTION 1 INTRODUCTION Background Information Purpose Requesting Agency Contract Period/Renewal of Contract Type of Contract Definitions... 5 SECTION 2 SCOPE OF WORK Refuse and Recyclables Bulk Items Pick-up Schedule Collection Customer Service Add or Deduct Pickup Units.. 9 SECTION 3 INSTRUCTIONS TO BIDDERS GENERAL PROVISIONS General Pre-Bid Conference Vendor Registration Bid Submission Bid Evaluation Bid Prices and Acceptance Performance Bond Requirements Tax Exemption Past Performance References Competency of Bidder Contingency of the Contract Award Standard Contract for Services Material Breach Award SECTION 4 SCHEDULE OF PRICES Per Unit Price SECTION 5 REFUSE PICKUP SCHEDULE AND ADDITIONAL SERVICES Refuse Pickup Additional Services 16 Sample Contract 17 3

4 SECTION 1 INTRODUCTION 1.1 Background Information The Prince William County Service Authority (Service Authority) is a public utility created in 1983 under the Virginia Water and Sewer Authorities Act. Chartered by the Prince William Board of Service Authority Supervisors, the Service Authority is an independent body responsible for providing comprehensive water and sewer services in Prince William County and refuse services to the Yorkshire service area. The Service Authority has approximately 86,000 customers, of which approximately 1700 reside in the Yorkshire service area. 1.2 Purpose Prince William County Service Authority is soliciting bids to supply the Yorkshire Service Area Refuse Pickup & Disposal services. This contract will be managed by Prince William County Service Authority. 1.3 Requesting Agency This Invitation for Bid (IFB) the resulting proposal document and Contract document shall be consistent with and governed by The Prince William County Service Authority Purchasing Regulations. In the event of an inconsistency between the solicitation and selection requirements set forth in this IFB versus those set forth in the Purchasing Regulations, the inconsistency shall be resolved by giving precedence to the solicitation and selection requirements of the Purchasing Regulations. This Section of the IFB sets forth the general information to all potential Bidders to facilitate preparation of suitable proposals for the services identified in this IFB. The proposal submission requirements are addressed in Section 3 of this IFB. The requirements and process set forth therein shall be binding on all Bidders. 1.4 Contract Period/Renewal of Contract The term for this Contract shall be for two (2) years from date of execution. The Service Authority shall have the option to extend the Contract for four (4) additional one (1) year periods, contingent upon availability of funds for the purpose. This Contract may be renewed by the Service Authority upon written agreement of both parties for (one year) successive one year periods under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration. If the Service Authority elects to exercise the option to renew the contract for an additional oneyear period, the contract price(s) for the additional one year shall not exceed the contract prices(s) of the original contract increased by more than the percentage increase of the category of the CPI-W section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available. 4

5 1.5 Type of Contract The Prince William County Service Authority expects to award a unit price type of contract or a contract based on fixed rates with a set contract maximum for a specified period based on present assumptions. 1.6 Definitions The following definitions and references are given for the purpose of interpreting the terms as used in this Project Agreement and apply unless the context indicates a different meaning: All references to a time of day are references to the time in Prince William County, VA. A. Service Authority refers to the Prince William County Service Authority. B. Change Order means a written order to the Bidder executed by the Service Authority, issued after execution of a Project Agreement or other agreement, authorizing and directing an addition, deletion or revision in the Work or an adjustment in the Contract Price or Contract Times. C. Contract Administrator refers to the Service Authority representative who manages actions that must be taken to assure full compliance with all of the terms and conditions contained within the contract document, including price. D. Contract Documents refers to documents which establish the rights and obligations of the Contractor and Service Authority and include: The signed Contract, Addenda (which pertain to the Contract Documents), the Notice to Proceed, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and clarifications issued on or after the Effective Date of the resulting contract. E. Day(s) shall mean calendar days, unless otherwise specified. F. Notice to Proceed means a written notice issued by the Owner to the Contractor fixing the date on which the contract times will commence to run and on which Contractor shall start to perform the Work under the contract documents. G. Contractor means the entity making an offer to the Authority in response to this Invitation for Bid. H. IFB means this Invitation for Bid. I. Specifications refers to that part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. J. Work, refers to the entire services or the various separately identifiable parts thereof required to be provided by Contractor under the resulting contract. 5

6 SECTION 2 SCOPE OF WORK The Contractor shall furnish all labor, material, equipment and insurance required for the collection, removal and disposal of refuse within the boundaries of the Yorkshire Service Area. 2.1 Refuse and Recyclables Refuse shall be defined (with a limit of six (6) bags per collection date) as: ashes, garbage, rubbish and waste materials, cans, bottles, rags, waste paper, crockery, and other ordinary household debris, hedge trimmings, garden waste, grass cuttings and bundled brush, and leaves. Collection shall be made from all residential dwellings within the Service Area for which Prince William County Service Authority has provided a list. The Contractor shall not be responsible for the removal of construction debris from buildings or structures. Instructions for recyclables items: Plastic Containers: #1 through #7 narrow neck and wide mouth containers including soda, juice, milk, margarine/butter, yogurt, sour cream, cottage cheese, buckets, plant pots, etc. Rinse out containers. Bottle caps may be replaced after rinsing. No hazardous materials (such as oil, flammable materials, chemicals, etc.). Aluminum and steel food and beverage cans, empty aerosol cans and clean foil products and wrap. Empty and rinse out cans and do not include foil products with food residue. Aseptic milk and juice cartons. Empty and rinse. Glass bottles and jars remove caps & rinse (not accepted: plate glass mirrors light bulbs ceramics cookware drinking glasses or chemical bottles. Newspaper and mixed paper (any paper that tears) white/colored paper magazines catalogs books junk mail (even envelopes with clear windows) and paperboard boxes (e.g. cereal tissue etc.). Do not include plastic bags included in newspapers. Flattened cardboard and paperboard up to 2 ft. X 2 ft. in size. Do not include cardboard with food residue or plastic liners. Not recycle at trailer sites. The Contractor must provide and maintain a refuse container and a recycling bin for each household. Refuse containers shall be at least ninety (90) gallons for single-family homes and at least sixty (60) gallons for townhomes. Recycling bins must be at least eighteen (18) gallons. 2.2 Bulk Items Bulk pick-up items shall be defined as: 6

7 A. Household furniture such as chairs, tables, dressers, sofas, loveseats, bed springs, desks, entertainment stands, book shelves, lamps, TV s up to 32 inches, microwave ovens, and water heaters. B. Metal parts from cars such as starters, ignition switches, alternators, or wheel rims but excluding motor blocks, transmissions, rear end housings, springs frames, fenders, doors and hoods. C. Refrigerators, freezers, and window air conditioners provided that refrigerants are removed by a certified technician and the doors removed. D. Auto and truck tires The number of bulk pick-up items should be a maximum of 5 items per household per pick-up. In the event bulk items are placed in front of homes that were not scheduled for pick-up, the Contractor shall leave the item and place a notice on the item/items to the call the Contractor s office. Vendor shall provide a detailed list of items not accepted as standard refuse or bulk pick-up. Bulk items placed in common areas within townhome and condominium communities shall not be picked up. The Contractor shall provide twelve (12) additional pickups per year or (1) one additional pickup per month, during the first full week of each month which is to be specified by the successful bidder. This service shall be included in the lump sum price quoted in the Schedule of Prices. 2.3 Pick-up Schedule A. All collections are to be made no earlier than 6:00 a.m., and no later than 6:00 p.m., weather permitting. B. The Contractor shall collect, remove and dispose of all refuse placed at the curb or within ten feet of the State s right-of-way, twice each week (Monday through Friday) from collection sites listed by the Service Authority and numbering approximately 1700 sites. Such refuse collection shall be scheduled on Monday and Thursday (unless another alternative schedule is selected on the form provided in Section 5 of this IFB). C. Pickup for Recyclables may occur on one of the regularly scheduled pickup days. Recyclables shall include standard recyclable items such as: bundled newspapers/magazines, glass food and beverage containers, aluminum and steel cans, #1 and #2 plastic and jugs. D. Bulk pick-up see the Bulk Items section above for bulk pick up schedule. 7

8 E. When Prince William County Landfill is closed on one of the scheduled pickup days, there shall be only one collection during that week, which shall be on the other normal collection day. F. In the event the Contractor determines that weather does not permit collection on a regular collection day; collection shall be made on the next scheduled day. Exceptions due to holidays or unforeseen weather events shall be discussed with the Service Authority s representative. 2.4 Collection A. Contractor and his employees shall replace tops of containers and containers shall not be left in driveways. B. Contractor shall provide all reasonably adequate techniques and equipment to prevent papers, etc. from blowing on public or private property within the service area. C. The Contractor shall deliver and dispose of refuse, recyclable material and bulk items collected to the Prince William County Landfill. Any applicable landfill charges shall be estimated by the Contractor and included in the lump sum price quoted in the Schedule of Prices. 2.5 Customer Service A. Trucks and equipment shall be maintained in a clean and reasonably neat appearance; the trucks and equipment shall be washed down periodically so that they are not themselves odorous or obnoxious. B. Employees shall be clean and neatly dressed. C. A schedule of pick-up and maintenance guideline fliers is to be created by the Contractor and approved by the Service Authority and will be distributed at the start of the contract. The Service Authority will provide new customers with the guidelines thereafter. D. The Contractor shall send out annual reminder notices/fliers with content approved by the Service Authority which will cover the pick-up schedule, rules and regulations. E. All customer inquiries and complaints relative to refuse service provided are to be received and handled directly by the Contractor. The Contractor shall respond to all complaints as promptly as possible but no later than within 24 hours. Billing inquiries shall be handled by the Service Authority s Customer Service Department at F. The number and types of complaints must be tracked and reported to the Service Authority on a monthly basis. Such report is due by the end of the first week of each month for incidents that occurred during the previous month. The Contractor shall contact the Customer 8

9 and Field Services Manager with any significant issues that may require Service Authority follow-up. G. The Contractor and his employees shall at all times maintain courteous and respectful relations with the residents of the service area, refrain from profanity and indecorous conduct. H. Any case of abusive language or conduct by a customer toward the Contractor in the performance of their duties shall be reported to the Service Authority and/or the County Police if applicable. The customer s name and address (if known), and the circumstances surrounding the incident shall be documented by the Contractor. I. Should the Authority find it necessary to refund a customer the cost of monthly trash service due to a repeat issue with the refuse provider, in which the customer is not at fault, the Authority shall forward such information on to the Contractor and the Contractor shall provide a credit to the Authority in the next billing month for such amount. J. It is necessary that the Service Authority is always made aware of any updated Contractor contact information. The Contractor shall notify the Service Authority immediately with any plans or changes to the Contractor s contact information, so that the Service Authority can promptly communicate the change to Customers. 2.6 Add or Deduct Pickup Units The Service Authority reserves the right to add or deduct pickup units and to adjust total pickup points accordingly. The Service Authority will provide the successful Contractor with a listing of additions or deductions from the original contract listing on an as needed basis for collection and billing purposes. Additions and deletions shall be communicated by to the contact provided by the successful Contractor. The unit price quoted in Section 4.1 Per Unit Price of the Schedule of Prices shall be used to cover either additions to or deductions from the original quantities specified in this IFB. 3.1 General SECTION 3 INSTRUCTIONS TO BIDDERS GENERAL PROVISIONS Bids and contracts for Prince William County Service Authority are governed by the Prince William County Service Authority Purchasing Regulations, effective March 8, 2012 as amended. All bidders are referred to the specific provisions of those regulations for guidance in dealing with Service Authority solicitations. 9

10 The following general information is provided to all bidders to facilitate the preparation of suitable bids for the goods or services identified in this Invitation, and the requirements set forth shall be binding on all bidders. Bidders are expected to take into consideration that their bid, including any contract which is a part of the Invitation, will constitute the terms of the Agreement between the Service Authority and the successful bidder. Where a contract is provided, it is intended that it shall incorporate the terms and conditions of the bid, rendering further reference to the bid set unnecessary. The Service Authority is not at liberty to change the terms of the Agreement after the opening of bids. Where questions and discussions prior to bid opening disclose a need for additional information or amendments, appropriate addenda to the Invitation will be prepared and distributed so that all bidders will be offering price quotes based on the same information and specifications. The Purchasing Manager may extend the date and time for opening of bids if she believes it is necessary. 3.2 Pre-Bid Conference A non-mandatory pre-bid conference will be held on May 8, 2013@2:00 p.m. at 4 County Complex Woodbridge, VA Attendance and participation at this pre-bid is not mandatory but highly recommended. Any questions regarding this Invitation for Bid may be addressed in person during the Pre-bid meeting. Participation of qualified bidders is highly valued by the Authority and at this time you shall have an opportunity to offer your ideas. Appropriate changes shall be given positive scrutiny and acted upon. 3.3 Vendor Registration Before submitting a response to this solicitation, all Bidders must be a registered Prince William County Service Authority vendor. Vendors are encouraged to register themselves over the Internet at: If Internet access is not available, or problems are experienced during registration, contact the Purchasing Office shown on the front page of the Solicitation. 3.4 Bid Submission The Bidder shall submit to the Service Authority one (1) original and two (2) copies of the bid prior to the bid due date and time. All information required by the Solicitation must be provided in order for the bid to be considered complete. Inadequate information may result in disqualification of the bid. Any modifications not expressly provided for in the Solicitation may require rejection of the bid. 10

11 A. At a minimum the following items must be included in the Bid Submittal: i. IFB Submission Form ii. Pricing Schedule (See Section 4) iii. Bidder s Past Performance/References (See Section 3.9) iv. Completed Refuse Pick-Up Schedule and Additional Services (See Section 5) v. Insurance Certificate vi. Bonds vii. Certificates, Permits, and Licenses B. The bid must be signed and dated by an authorized person of the firm or corporation to bind the Bidder to a Contract with the Service Authority. The Purchasing Manager may require that any bidder submit powers of attorney or other appropriate documentation showing the authority of the signatory to act on the Contractor's behalf. If it later appears that the signatory was not authorized to act, whether such proof of agency has been demanded or not, the Service Authority may declare the Contract void if it is in it s best interest to do so. In addition, resulting Contracts must be signed and dated by the Contractor and all other required parties. C. Bids shall be submitted in any sealed package that clearly identify: i. The Solicitation name and number, ii. The bidder s name and address, and iii. The bid due date and time. D. The bid package shall clearly state Bid Package is not to be opened until the bid due date and time. The Bidder assumes the risk that a bid not properly marked may be mistakenly opened, and thus may be rendered ineligible for consideration. The Purchasing Manager or designated representative(s) shall not be responsible for the premature opening of a bid not properly identified as specified herein. E. Bids must be submitted to and time stamped by the Service Authority Purchasing Office prior to the bid due date and time. Bids received in the Purchasing Office after the prescribed due date and time shall not be considered for Contract award and shall be returned unopened to the Bidder. F. If a prospective Bidder is unable to submit a bid in response to this Solicitation, the Bidder may submit a letter as to why the Bidder is unable or unwilling to submit a bid. The Service Authority is interested in learning if there are any problems with the Solicitation process that may discourage responses. Because of the large number of firms listed on the Service Authority's registered bidders list, the Service Authority may delete the names of those persons, firms or corporations who fail to respond to the Service Authority s Solicitations after having been invited to submit a bid on three successive Solicitations. 11

12 G. Bids shall be publicly opened, announced, and witnessed at the designated location on the due date and time fixed for the bid opening. Bidders are encouraged to attend bid openings and to offer constructive suggestions for improvements to the Solicitation process. 3.5 Bid Evaluation As allowed by the Service Authority s Purchasing Regulations, the following provisions apply: A. Bids shall be evaluated on the basis of the requirements set forth in the Solicitation and the Service Authority s Purchasing Regulations where applicable. Award(s) shall be made to the lowest responsive and responsible bidder. B. The Purchasing Manager is authorized to waive any irregularity or informality in any bid; provided however, that a bid or amendments thereto which are received after the time specified for the opening of bids will be neither opened nor considered. C. Withdrawal of bids is strictly governed by the Service Authority s Purchasing Regulations. If a bid may be lawfully withdrawn, notice of withdrawal must be provided in writing within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. D. When only one responsive and responsible bid is received, the Solicitation may be canceled and items rebid, unless the Purchasing Manager determines that the bid is reasonable and in the best interests of the Service Authority. 3.6 Bid Prices and Acceptance Bid prices unless otherwise specified, must be net, including but not limited to transportation and handling charges fully prepaid by the Bidder to destination, and subject only to any discount for prompt payment that may be offered by the Bidder. Bid prices, should they be accepted and a Contract awarded, shall remain firm for the period of the Contract unless otherwise agreed to by both parties. Bidder warrants by virtue of bidding, that prices and terms and conditions reflected in its bid submittal shall be firm for acceptance for a period of ninety (90) days from bid opening due date, unless otherwise stated in its bid submittal. 3.7 Performance Bond Requirements Any Bidder awarded a contract as a result of this solicitation will be required to submit a performance bond in the amount equal to $30,000.00, within the time specified by the Purchasing Manager, but no later than the time of execution of the contract. 12

13 The bond must be executed on Prince William County Service Authority forms attached to this solicitation, and sureties must be acceptable to the Service Authority. Corporate sureties must appear on the list in Treasury Circular 570, and the amount of the bond may not exceed the underwriting limit stated for the surety on that list. Failure to submit an acceptable bond may be cause for recession of the award. 3.8 Tax Exemption Prince William County Service Authority Government is exempt from the payment of any Federal excise or Virginia sales tax. 3.9 Past Performance References Contractor's bid shall include at least three (3) references of similar work that has been performed within the last 3 years, and should include at minimum the following: Past Performance Reference Client Reference Contact Information Name/Company Contract Manager Name Contract Manager Tel. # Contract Manager Contract Reference Information Contract/PO # Contract Start Date Contract/PO Amount Contract End Date Contract Reference Information Please write a brief description of the work performed under this contract 3.10 Competency of Bidder No bids will be accepted from or award made to any person, firm, or corporation that is in arrears, or is in default to the Service Authority upon any debt or Contract, or that has defaulted as surety or otherwise upon any obligation to the Service Authority, person, firm, or corporation. If requested, the bidder must provide evidence to the contrary within forty-eight (48) hours upon request. A. Person, firm, or corporation, shall submit a bid which conforms in all material respects to the Solicitation. B. Person, firm, or corporation, shall have the capability with adequate: financial resources, facilities, experience, insurance and licenses, adequate: services, vehicles, and skilled personnel to provide goods and/or services as required by the Solicitation as determined 13

14 through evidence submitted, reputation, past performance, public records, site visits, and references available to the Service Authority. C. Person, firm, or corporation, shall have the ability to comply with the required delivery period and/or performance period taking into consideration other business commitments Contingency of the Contract Award Award of the contract to the selected Contractor is contingent upon: A. The approval and authorization, (if necessary) by the General Manager. B. The successful acceptance of contractual terms agreeable to both parties. Failure to achieve the foregoing will result in no award at this time Standard Contract for Services A. The Prince William County Service Authority expects to enter into its Standard Contract for Services in a form substantially as attached hereto. Specific obligations of each party will be specified in the final signed contract Material Breach If the Contractor at any time determines the Owner to be in material breach of this Agreement, the Contractor shall provide Notice of claim to the Owner within seven days of such breach. Such Notice shall specify the precise occurrence(s) of such breach. The Contractor s continuing performance under the Contract Documents including but not limited to receiving moneys thereunder, shall constitute an election to waive such material breach and to confirm the continued existence of the contract Award An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. 14

15 SECTION 4 PRICING SCHEDULE (INCLUDE WITH BID PACKAGE) We, the undersigned bidder, declare that we have carefully examined the work and informed ourselves fully of all conditions relative to the work and to the location of the work to be performed. We have examined the IFB, the boundary map, the worksite, and all conditions relative to the work to be performed. We (Bidder name) hereby propose to furnish all plant, labor equipment, materials, appliances, transportation incidentals, and accessories to perform all operations as specified in this Invitation For Bid in accordance with the contract documents for the bid prices quoted below: 4.1 Per Unit Price This contract shall be billed on a per unit basis. The number of units may fluctuate from month to month but is expected to average 1700 accounts/locations per month. Note: Per unit price must include all fees and charges including those imposed through PWC Landfill. Contractor shall bill as follows: # Units x Unit Price = Monthly Billing Bidders shall provide pricing in the table below: Est. # Units Price Per Unit Monthly Billing 1700 Total: 15

16 SECTION 5 REFUSE PICKUP SCHEDULE AND ADDITIONAL SERVICES (SUBMIT WITH BID) 5.1 Refuse Pickup The pickup schedule shall be Monday and Thursday unless otherwise agreed to. Should the Service Authority agree to an alternative schedule, the Service Authority reserves the right to return to the Monday and Thursday schedule with at least 14 days notice. 5.2 Additional Services A. The Contractor shall provide twelve (12) additional pickups per year, during the first full week of each month which is to be specified by the bidder for additional refuse such as water heaters, bed springs, old furniture, and metal parts from cars such as starters, ignition switches, alternators, or wheel rims but excluding motor blocks, transmission, rear end housings, springs frames, fenders, doors and hoods. This service shall be included in the per unit price quoted in the Schedule of Prices. Please specify day of week. B. The Contractor shall provide one (1) collection of auto and truck tires, during the first full week of each month which is to be specified by the successful bidder. The average for the last twelve months have been 10 to 15 tires per month. This service shall be included in the per unit price quoted in the Schedule of Prices. Please specify day of week. C. The selected Contractor shall pickup recyclable materials once weekly. Pickup for recyclables may occur on one of the regularly scheduled refuse pickup days. This service shall be included in the per unit price quoted in the Schedule of Prices. Please specify day of week. D. The Service Authority reserves the right to add or deduct pickup units and to adjust total pickup points accordingly. The per unit price quoted in Section 4 Unit Price Breakdown of the Schedule of Prices shall be used to cover either additions to or deductions from the original quantities specified in this IFB. To determine any additions or deductions from the original quantities specified in this IFB, the Service Authority will furnish the successful Bidder an accurate account of any additions and/or deductions to the original contract on an as needed basis. 16

17 SAMPLE CONTRACT STANDARD CONTRACT FOR SERVICES CONTRACT: SUBJECT: Between: Prince William County Service Authority 4 County Complex Court Po Box 2266 Woodbridge, Virginia Ph: and the Contractor: This Contract is entered into this day of, by and between the Board of Directors of The Prince William County Service Authority, or its authorized agents, and the Contractor identified below for services identified herein, on the following terms and conditions. This Contract is prepared in accordance with the Purchasing Regulations of The Prince William County Service Authority, which are incorporated herein by reference. SECTION I - SPECIAL PROVISIONS 1.1 Definitions "Service Authority" shall mean the Board of Directors of the Prince William County Service Authority, and authorized by the Purchasing Regulations or other law to enter into Contracts. "Contract Administrator" assigned to administer this Contract for the Service Authority. "Contractor" shall mean: whose authorized representative is who is responsible for the performance obligation of the Contractor under this Contract. 17

18 1.2 Contract Period The term for this Contract shall be for two (2) years from date of execution. The Service Authority shall have the option to extend the Contract for four (4) additional one (1) year periods, contingent upon availability of funds for the purpose. The Service Authority shall give the Contractor reasonable written notice of intent to renew prior to the expiration date of the current Contract. Agreement to extend the Contract term shall not be final until the Contractor provides written acknowledgment of the extension. 1.3 Incorporation of Documents The following documents are hereby incorporated by reference into this Contract: 1. Contractor's Bid Response dated. 2. Service Authority's Solicitation number and dated. In the event of an inconsistency between the above referenced documents the inconsistency shall be resolved by giving precedence to the following:. This Contract shall take precedence over all the documents referenced above. 1.4 Provision of Services The Contractor hereby agrees to provide the following to the Service Authority: Yorkshire Service Area Refuse Pickup and Disposal 1.5 Contract Amount In return for the services identified above, and subject to the "Non-Appropriation of Funds" clause herein, the Service Authority certifies that sufficient funds are budgeted and appropriated and shall compensate the Contractor the total amount of dollars in accordance with the formula for payments as set forth herein: 1.6 Time of the Essence and Completion Time shall be of the essence to this Contract, except where it is herein specifically provided to the contrary. 1.7 Inspection and Acceptance All work shall be conducted and completed in accordance with recognized and customarily accepted industry practices, and shall be considered complete when the services are approved as acceptable by the Contract Administrator. In the event of rejection of any deliverable, the Contractor shall be 18

19 notified and shall have two (2) days from date of issuance of notification to correct the deficiencies and resubmit the deliverable. 1.8 Insurance The Contractor shall maintain insurance in an amount and form as set forth in IFB SA SECTION 2 TERMS AND CONDITIONS 2.1 Assignment and Delegation No party may assign any of its rights under the resulting contract, except with the prior written consent of the other party. That party shall not unreasonably withhold its consent. All assignments of rights are prohibited under this subsection, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner For purposes of this section of the resulting contract, a change of control is deemed an assignment of rights; and a merger refers to any merger in which a party participates, regardless of whether it is the surviving or disappearing corporation No party may delegate any performance under the resulting Contract. 2.2 Prime Contractor The selected Contractor will be required to assume full responsibility for the complete effort as required by this IFB whether work is performed by the Contractor (s) or subcontractors. The selected Contractor is to be the sole point of contact with regard to all contractual responsibilities. 2.3 Contingency of the Contract Award Award of the contract to the selected Contractor is contingent upon: 1. The approval and authorization, (if necessary) by the General Manager. 2. The successful negotiation of contractual terms agreeable to both parties. Failure to achieve the foregoing will result in no award at this time. 2.4 INVOICE DOCUMENTATION REQUIREMENTS AND STATUS REPORTS A. Invoices (or Applications for Payment) must contain sufficient information for the Service Authority to verify that the work was performed in accordance with the contract. The Service Authority requires that the following information be included in the invoice (or must be in the form of a report which must accompany the invoice) and contain the following information: 19

20 1. Name of Project, Contract Number, Purchase Order Number; 2. Dates services were provided; 3. Summary of deliverables or work achieved during the specified billing period including, for unit price work, details of quantities and prices, for lump sum work, details of the work performed in accordance with the schedule of values; and, 4. Proper documentation to support payment of non-schedule work/items not included in the contract to include payroll records, and invoices for all materials, supplies, and services, purchased or leased, in performance of the work. The invoice, or an accompanying report, shall clearly state the line item number, description, quantity, and rate/unit price in accordance with the contract. Prior to work performed under this Contract, Contractor shall submit for Service Authority s approval a sample invoice and/or Contract Status Report. The Service Authority reserves the right to withhold invoice payment until sufficient documentation is provided. The Contractor shall provide accurate and timely monthly billing. The invoice date shall be the date the invoice is submitted to the Service Authority. All invoices will be paid within thirty (30) days orthe time specified by the Contract unless any items thereon are questioned, in which event payment will be withheld for those items pending verification of the amount and the validity of the claim. Invoices shall be forwarded to: Prince William County Service Authority Attn: Accounts Payable P O. Box 2266 Woodbridge, Virginia or (Physical Delivery) Prince William County Service Authority Attn: Accounts Payable 4 County Complex Court Woodbridge, Virginia Monthly Status Reporting for Projects or Task Orders for Exceeding 90 Days Duration: A monthly Contract Status Report is required for all Work or Task Orders exceeding 90 days. In addition to the items required for invoice payment, the Contract Status Report for projects exceeding 90 days should include at a minimum the following: 1. Budget of hours and dollars 2. Notice of any issues that could affect project completion schedule, quality or price 3. Cost and hours incurred to date 4. Estimated cost and hours to complete 20

21 5. Budget and schedule analysis 6. Projected completion date The Status Report may accompany the Invoice or Application for Payment, as supporting documentation. 2.5 Emergency Order In the event that the selected Contractor is unable to respond in a timely manner in accordance with the terms of this IFB, the Service Authority reserves the right to order the contracted services or supplies from other sources which could provide a faster delivery time. 2.6 Conflicts of Interest This solicitation is subject to the provisions of Section et seq., VA Code Ann., the Virginia Conflicts of Interest Act. No member of the Board of Directors, or any employee of the Prince William County Service Authority, or the spouse or any other relative who reside in the same household as any of the foregoing, may be a contractor or subcontractor in connection with any bid, or have a personal interest therein as defined by Section VA Code Ann. 2.7 Collusion All proposals submitted must be made without prior understanding, agreement, or connection with any corporation, partnership, firm, or person submitting a proposal for the same requirements, without collusion or fraud. Collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. 2.8 Ownership The Service Authority requires all firms submitting proposals to indicate their form of organization and current principal place of business. In addition, proposals must list the names and addresses of any ownership interest of 3% or more in the commercial entity (s) responding to this IFB. 2.9 Modifications or Changes to the Contract All modifications and changes to the contract shall be in writing. The Service Authority s Technical Contract Manager(s), with the concurrence of the Service Authority s Purchasing Manager, shall have the authority to order changes in the resulting contract which affect the cost or time of performance. Such changes shall be ordered in writing specifically designated to be a Change Order. Such orders shall be limited to reasonable changes in the work to be performed or the time of performance; provided that the Contractor shall not be excused from performance under the changed contract by failure to agree to such changes, and it is the express purpose of this provision to permit unilateral changes in the contract subject to the conditions and limitations herein. Change order shall be consistent with existing functionality and within capability of the Contractor including time allotted for the change. 21

22 2.9.2 The selected Contractor need not perform any work described in any change order unless it has received a certification from the Service Authority that there are funds budgeted and appropriated sufficient to cover the cost of such changes The selected Contractor shall make a demand for payment for completed changed work within 30 days of receipt of a change order, unless such time period is extended in writing, or unless the Service Authority s Purchasing Manager requires submission of a cost proposal prior to the initiation of any changed work or supplies. Later notification shall not bar the honoring of such claim or demand unless the Service Authority is prejudiced by such delay No claim for changes ordered hereunder shall be considered if made after final payment in accordance with this contract Non-Discrimination Against Faith-Based Organizations The Service Authority shall not discriminate against faith-based organizations Employment Discrimination for Contracts Over $10,000 During the performance of the resulting contract, the selected Contractor agrees as follows: The selected Contractor will not discriminate against any employee or 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 bonafide occupational qualification reasonably necessary to the normal operation of the selected Contractor. The selected Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause The selected Contractor, in all solicitations or advertisements for employees placed by or on behalf of the selected Contractor, will state that such Contractor is an equal opportunity employer Notices, advertisements, and solicitations placed in accordance with Federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section The selected Contractor will include the provisions of the foregoing paragraphs a, b, and c in every subcontract or purchase order over $10,000.00, so that the provisions will be binding upon each subcontractor or selected Contractor Drug-free During the performance of the resulting contract, the selected Contractor agrees to: 22

23 1. Provide a drug-free workplace for the selected Contractor s employees; 2. 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 selected Contractor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; 3. State in all solicitations or advertisements for employees placed by or on behalf of the selected Contractor that the selected Contractor maintains a drug-free workplace; and 4. Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000.00, so that the provisions will be binding upon each subcontractor For the purpose of this section, Drug-Free Workplace means a site for performance of work done in connection with a specific contract awarded to a selected Contractor, the employees of who are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of this contract Unauthorized Aliens During the performance of the resulting contract, the selected Contractor shall not knowingly employ an unauthorized alien as defined in the Immigration Reform and Control Act of Claims/Disputes In accordance with Section , VA Code Ann., this provision shall be followed for consideration and handling of all claims by the selected Contractor under the resulting contract. Section , VA Code Ann., is not applicable to the resulting contract, and under no circumstances is this paragraph to be construed as an administrative appeals procedure governed by Section , VA Code Ann Notice of the intent to submit a claim setting forth the basis for any claim shall be submitted in writing within 10 days after the occurrence of the event giving rise to the claim, or within ten 10 days of discovering the condition giving rise to the claim, whichever is later. In no event, shall any claim arising out of the resulting contract be filed after the submission of the request for final payment by the selected Contractor Claims by the selected Contractor with respect to the resulting contract shall be submitted in writing in the first instance for consideration by the Service Authority s Technical Contract Manager(s). The decision of the Service Authority s Technical Contract Manager(s) shall be rendered in writing within forty-five (45) days from the receipt of the claim from the selected Contractor. If the selected Contractor is not satisfied with the decision or resolution of the Service Authority s Technical Contract Manager(s), the selected Contractor may file a formal dispute with regards to the claim with the Service Authority s Purchasing Manager, which claim shall be received within thirty (30) days of the date of decision of the Service Authority s Technical Contract Manager(s). The Service Authority s Purchasing Manager shall reduce his or 23

24 her decision to writing and shall mail or otherwise furnish a copy of this decision to the selected Contractor within forty-five (45) days of the receipt of the claim from the selected Contractor. The decision of the Service Authority s Purchasing Manager shall be final on behalf of the Service Authority unless the selected Contractor submits the claim to the Service Authority General Manager within thirty (30) days of the Service Authority s Purchasing Manager s decision. The selected Contractor may submit the claim to the Service Authority General Manager by mailing or otherwise furnishing the Service Authority s Purchasing Manager a copy of the claim and a request for the Service Authority General Manager s determination The Service Authority General Manager s decision on the claim shall be rendered in writing to the selected Contractor within forty-five (45) days of the Service Authority s Purchasing Manager s receipt of the request from the selected Contractor, and shall be final and binding on behalf of the Service Authority, unless the selected Contractor submits the claim for determination by the Service Authority Board of Directors ( the Board ) by mailing or otherwise furnishing the Service Authority s Purchasing Manager a copy of the claim, along with a request for determination by the Board within thirty (30) days of the Service Authority General Manager s decision. The Board shall consider the claim and render a decision within forty-five (45) days of the date on which the Board hears the claim in open meeting. The Board s procedure in considering claims under this contract shall be the same as that for other decisions of the Board on claims made under Section et seq., VA Code Ann. The decision of the Board shall be final Should any decision-maker designated under this procedure fail to make a decision within the time period specified, then the claim is deemed to have been denied by the decision-maker. Pending a final determination of a claim, the selected Contractor shall proceed diligently with the performance of the work under the contract In accordance with the provisions of Section , VA Code Ann., full compliance with this procedure set forth in the provision shall be a precondition to the filing of any lawsuit by the selected Contractor against the Board of Directors of the Service Authority arising out of this contract Termination for Convenience of the Service Authority The parties agree that the Service Authority may terminate this contract, or any work or delivery required hereunder, from time to time either in whole or in part, whenever the General Manager of the Service Authority shall determine that such termination is in the best interests of the Service Authority Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the Service Authority General Manager or his designee, mailed or delivered to the selected Contractor, and specifically setting forth the effective date of termination. 24