UPPER OCCOQUAN SERVICE AUTHORITY

Transcription

1 UPPER OCCOQUAN SERVICE AUTHORITY INVITATION FOR BIDS #14-03-OM-01 FIKE EXPLOSION PROTECTION SYSTEM QUARTERLY INSPECTIONS, MAINTENANCE SERVICES AND REPAIRS Issued By: Purchasing Department UOSA Administration Building Compton Road Centreville, Virginia Tel Fax Date Issued: Optional Pre-Bid Meeting and Site Visit: Deadline For Questions: Bids Must be Received On Or Thursday, March 27, :00PM Bidder to schedule prior to Deadline for Questions. (see section 1.5) Friday, April 11, :00PM Thursday, April 24, :00PM Before: NOTICE: Firms who have received this solicitation package from a source other than UOSA s Purchasing Office should immediately contact UOSA s Purchasing Department and provide their name and mailing address in order that amendments to this solicitation or other communications can be sent to them. Firms who fail to notify the Purchasing Office with this information assume complete responsibility in the event that they do not receive communications prior to the closing date.

2 Contents UOSA SOLICITATION DISCLOSURE FORM... iv SECTION 1 Summary Information and Submission of Bids INTRODUCTION OBJECTIVE PERIOD OF CONTRACT BASIS OF AWARD OPTIONAL PRE-BID MEETING AND SITE TOUR NEW AND TRUE TESTED EQUIPMENT HOURS OF OPERATION AND HOLIDAYS BIDDER S REPRESENTATIONS QUESTIONS AND COMMUNICATIONS INSTRUCTIONS FOR SUBMITTING BIDS LATE BIDS DEFINITIONS... 4 SECTION 2 Specifications DESCRIPTION OF THE FIKE EXPLOSION PROTECTION SYSTEM SCOPE OF WORK GENERAL REQUIREMENTS METHOD OF ORDERING MINIMUM QUALIFICATIONS FOR BIDDERS CONTRACTOR S RESPONSIBILITIES REFERENCES BID SUBMISSION SECTION 3 Terms and Conditions TERMS AND CONDITIONS ANTI-DISCRIMINATION ANTITRUST ARREARAGE ASSIGNMENT OF INTEREST AVAILABILITY OF FUNDS BINDING ARBITRATION CANCELLATION COLLUSION COMMONWEALTH CORPORATION IDENTIFICATION CONFLICTING TERMS CONTRACT CHANGES/CHANGE ORDERS CONTRACTOR S RESPONSIBILITIES DEBARMENT STATUS DELAYS DRUG FREE WORKPLACE DURATION OF BIDS EQUAL OPPORTUNITY ETHICS IN PUBLIC CONTRACTING EXAMINATION OF RECORDS FORMATION OF CONTRACT WITH SUCCESSFUL BIDDER GOVERNING LAW IMMIGRATION REFORM AND CONTROL ACT OF INCORPORATION BY REFERENCE INDEMNIFICATION AND RESPONSIBILITY FOR CLAIMS AND LIABILITY NON-INDEMNIFICATION-CLAUSE INSURANCE PAYMENT PAYMENT CLAUSES REQUIRED IN ALL CONTRACTS PERMITS AND INSPECTIONS PRECEDENCE OF TERMS PRICE FIRM PERIOD AND COST INCREASES QUALIFICATIONS OF BIDDERS ii

3 3.33 RELEASE OF LIENS AND CLAIMS RIDER CLAUSE SAFETY PROGRAM AND CONTRACTOR S COMPLIANCE SUPERINTENDENCE BY CONTRACTOR TAXES TERMINATION OF CONTRACT UNIT PRICES PREVAIL VIRGINIA FREEDOM OF INFORMATION ACT SECTION 4 Special Terms and Conditions UOSA DRUG AND ALCOHOL POLICY UOSA SMOKING POLICY SITE SAFETY AND ACCESS CONTRACTOR'S COMPLIANCE AND SAFETY PROGRAM VEHICLE OPERATION COMPLIANCE HARD HAT AREA Attachment A: Proof of Authority to Transact Business in Virginia Attachment B: References Attachment C: Bid Summary Sheet Attachment D: UOSA Bid Submission Form Attachment E: Bidder s Qualification Form iii

4 UOSA SOLICITATION DISCLOSURE FORM IFB Number: OM-01 IFB Due: Date: 4/28/2013 IFB Title: Fike Explosion Protection System Quarterly Inspections, Maintenance and Repairs iv IFB Due Time: 3:00 PM SECTION I COMPANY IDENTIFICATION AND OWNERSHIP DISCLOSURE Company Contact Person Address Title Telephone Remittance Address FAX Indicate Which: Corporation [ ] Partnership [ ] Sole Proprietor [ ] Minority or Women Owned/Controlled Yes [ ] No [ ] Small Business Yes [ ] No [ ] Organized under the laws of the State of Principal place of business at Following are the names and addressed of all persons having an ownership interest of 3% or more in the Company (Attach additional sheets if necessary) Name Address Pursuant to Virginia Code , a bidder/offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its submission the identification number issued to it by the State Corporation Commission ( SCC ). Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder/offeror is not required to be so authorized. All bidders/offerors must complete a Proof of Authority to Transact Business in Virginia form (Attachment A) and must include it, along with any required supporting documentation, with their submission. Initial here [ ] to indicate that Attachment A has been completed and included with this submission. SECTION II CONFLICTS OF INTEREST This solicitation is subject to the provisions of Section et. Seq., Virginia Code Annotated, the State and Local Government Conflict of Interests Act. The bidder/offeror is [ ] is not [ ] aware of any information bearing on the existence of any potential organizational conflict of interest. SECTION III COLLUSION I hereby certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer 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 State and Federal law and may 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/offeror. Signature Date Name (Printed) Title BIDDER/OFFEROR MUST RETURN THIS FORM WITH BID SUBMISSION

5 SECTION 1 Summary Information and Submission of Bids 1.0 Introduction The Upper Occoquan Service Authority (UOSA) is a public body politic and corporate organized under the Virginia Water and Waste Authorities Act. UOSA was created by the concurrent actions of its member jurisdictions and chartered by the State Corporation Commission of Virginia on April 1, The member jurisdictions include the Counties of Fairfax and Prince William and the Cities of Manassas and Manassas Park. UOSA is located in Fairfax County and currently employs approximately 180 individuals. UOSA currently owns and operates an advanced water reclamation plant with a capacity of 54 million gallons per day ( mgd ) and a regional system of interceptor sewer lines, pump stations and force mains that deliver sewage from the four member jurisdictions to the treatment plant. 1.1 Objective A. To establish an annually renewable agreement for the quarterly preventive maintenance program of the Fike Explosion Protection System that serves the sludge dryer process in Building U. UOSA reserves the right to award a contract to both a primary and secondary Contractor. B. To establish an annually renewable agreement for additional miscellaneous maintenance and repairs, both planned and emergency, beyond that described above. The additional Work may include (but not be limited to) maintenance, testing and replacement services. 1.2 Period of Contract A. The term for any contract resulting from this solicitation shall be for three (3) one (1) year periods from date of execution. UOSA shall have the option to extend the Contract for three (3) additional one (1) year periods, contingent upon availability of funds for the purpose. B. Renewal of the Contract will be at the sole decision of UOSA and will be based upon execution of the Contract and work performed during the prior contract year. Renewal will be based on prior performance and acceptance by UOSA of any proposed rate increases as allowed per the terms and conditions contained herein (see section 3.31), or as agreed to between the parties prior to any contract extension. 1.3 Basis of Award A. UOSA will award a term contract to the lowest responsive and responsible bidder based on the lowest Total Bid Amount (Attachment C). B. UOSA reserves the right to reject any and all bids, in whole or in part, to waive minor informalities and delete items prior to making the award, whenever it is deemed in the sole opinion of UOSA to be in its best interest. C. UOSA reserves the right to seek additional bids from other contractors, assign purchase orders to other contractors, or perform the work using UOSA personnel based on its sole discretion, in consideration of its knowledge and/or evaluation of Contractors qualification, expertise, capabilities, performance record, availability, cost, delivery time and any other factors as may be pertinent to the project, if deemed to be in the best interest of UOSA. Page 1 of 32

6 1.4 Optional Pre-Bid Meeting and Site Tour There will not be a scheduled pre-bid meeting, however, Bidders may schedule an individual meeting prior to the bid due date in order to tour the facility and inspect the locations where the work will be performed. Additionally the meeting will allow potential Bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation. The site visit and inspection is not mandatory and is not a pre-requisite for submitting bids. However, failure to inspect the site will not relieve the Bidder from the responsibility for ascertaining conditions at the site, and claims as a result of failure to inspect the job site will not be considered by UOSA. UOSA requires that all questions submitted during the site tour be submitted to UOSA Purchasing Department in writing by the (Deadline for Questions) date shown on the cover sheet of this document. All questions will be answered via an Addendum provided to all Bidders who have requested this IFB. If you wish to schedule a site tour please contact Tess Wegderesegn, tess.wegderesegn@uosa.org or The tour must be scheduled prior to the deadline for questions listed on the first page of this solicitation. 1.5 New and True Tested equipment A. All equipment furnished under any contract resulting from this IFB shall be factory new, unused equipment. B. No Beta items will be accepted. All equipment submitted for consideration shall be True Tested, that is: Has been in production and certified for the intended application that the equipment has been designed and has been in use in commercial environments for a period of no less than three (3) years. 1.6 Hours of Operation and Holidays UOSA operates 24 hours per day, every day of the year. For purposes of this solicitation and ensuing contract, the Contractor shall have access to the plant when and as necessary. UOSA office hours are 8:00 a.m. through 4:30 p.m. Monday through Friday excluding UOSA holidays. UOSA normally observes Virginia bank holidays. Access to work sites and work areas may be modified subject to the approval of the UOSA Project Manager. In any event and under all circumstances, the unilateral decision of the UOSA Project Manager regarding access to UOSA facilities shall be final. The then current list of holidays will be made available upon request, after contract award. 1.7 Bidder s Representations A. It has read and understands the Bidding Documents and its Bid is made in accordance therewith. B. Its Bid is based upon all of the materials, systems, and equipment required by the Bidding Documents without exception. C. The Bidder shall make a careful examination of the project site(s) and equipment to determine accuracy of the Bid documents. During the Optional Site Tour, the Bidder shall become familiar with existing conditions, and shall be satisfied as to the quantity and quality of materials and workmanship required for the Work. UOSA shall not be held responsible for omissions of equipment and materials requiring maintenance. The Bidder is advised to obtain equipment model numbers and to get a general overview of the project being bid. The Bidder shall carefully and thoroughly examine the requirements and specifications of this IFB before submitting a bid. Page 2 of 32

7 D. Pre-Existing Conditions: By submitting a bid in response to this solicitation, Bidders agree that a diligent site survey has been performed. Bidders confirm that the price elements contained in its Bid reflect any and all conditions under which the work must be accomplished. After contract award, any claim based upon conditions that the Contractor should reasonably have discovered during the Site Survey or at the Optional Pre-bid Meeting and Site Tour will not be considered by UOSA. E. If required, it has visited the site and has familiarized itself with the local conditions under which the work is to be performed and has correlated its observations with the requirements of the proposed Contract Documents. 1.8 Questions and Communications All contact between prospective Bidders and UOSA with respect to this solicitation will be formally held at scheduled meetings or in writing through the Purchasing Office. Questions concerning this solicitation are due by the deadline for questions shown on the cover page. Misinterpretation of specifications shall not relieve the Contractor(s) of responsibility to perform. Substantive questions must be submitted in writing via mail, express mail, , fax, etc., to the attention of the Purchasing Agent listed on the cover page, by the deadline specified on the cover page. Questions submitted after the deadline will not be answered. All properly submitted substantive questions will be responded to in writing, in the form of an Addendum to the solicitation. Failure to submit questions or to otherwise seek clarification(s) by the deadline for submitting questions shall constitute a waiver of any potential claim by the Bidder/Contractor. Communications between prospective Bidders, their agents and/or representatives and any member of UOSA other than as authorized herein, concerning this solicitation are prohibited. In any event and in all circumstances, unauthorized communications cannot be relied upon. 1.9 Instructions for Submitting Bids All Bids must be submitted in accordance with Submittal Requirements as listed in Section 2.7 of this IFB. The deadline for submitting bids is shown on the cover sheet. Bidders mailing Bids should allow sufficient mail delivery time to insure timely receipt by the Purchasing Department. Bids may be delivered prior to the bid due date. All Bids received early will be stored in a secured area until the day and time of the Bid opening. Bids will be opened in accordance with the provisions of the Virginia Public Procurement Act. All Bids must be submitted in a sealed package. Bids should be submitted in sealed envelopes or packages, and identified as follows: From: Name of Bidder Due Date Street IFB No. City, State, Zip Code IFB Title 1.10 Late Bids Bids or unsolicited amendments to bids arriving after the closing date and time will not be considered. Bids received after the bid submission deadline will be returned to the Bidder unopened providing that sufficient bid identification information is shown on the outside of the bid envelope. Page 3 of 32

8 1.11 Definitions A. Acceptance means the point in time when the UOSA Project Manager confirms in writing that the contract has been completed as contracted for and the Contractor is released from any further obligations. All remaining payments due the contractor shall be approved for payment at this time. B. Approved and As Approved The words approved and as approved unless otherwise expressly defined or qualified, shall be understood to be followed by the words by the Owner for conformance with the Contract Documents. C. As Shown and As Indicated The words as shown and as indicated shall be understood to be followed by the words on other Drawings or otherwise in the Contract Documents. D. Award means the decision by UOSA to execute a contract after all necessary approval have been obtained. E. Bid means the response by a Bidder to an Invitation for Bids issued by a procurement agency to obtain goods or labor. F. Bidder means any person submitting a response to an IFB. G. Contract means the formal acceptance of a bid by UOSA. The contract to be entered into as a result of this IFB shall be by and between the Bidder and Contractor and UOSA. It shall include the following items, which are listed in order of precedence: i. The fully executed contract between the parties, or UOSA Purchase Order, ii. This IFB, all attachments, drawings and any Addenda to the IFB, iii. The Bidder s response to the IFB (including any drawings and submittals), iv. The signed Bid Summary Sheet, and v. All correspondence between the parties regarding this IFB. H. Contractor means the successful Bidder receiving a contract as a result of this solicitation. I. Default means that the Contractor has failed to fulfill its contractual obligations properly and on time. J. Defect The word defect as used in the Contract Documents shall mean any portion of the Work which does not comply with the intent and requirements of the Contract Documents. Any Work required by the Contract Documents which either is missing or incomplete shall constitute a defect. The term defect shall be used synonymously with non-conforming work or non-conformance. K. Drawings - the term Drawings refers to drawings, profiles, cross sections, elevations, details, and other working drawings and supplemental drawings, or reproductions thereof, which show location, character, dimensions, and details of the Work to be performed. Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents, regardless of the method of binding. L. Manufacturer/Supplier or Manufacturer The entity which manufacturers, fabricates or produces material or equipment to such an extent that it has control of and is responsible for the quality and performance of the item M. Notice The term Notice or the requirement to notify means a written communication delivered in person, by facsimile, or by certified or registered mail to the individual or firm, or to an officer of the Contractor for whom it is intended. N. Owner The Upper Occoquan Service Authority. O. Project The term Project means the same as the phrase the Work. P. Project Manager means the UOSA employee assigned to this project for purposes of oversight of the project. The Project Manager is responsible for all Page 4 of 32

9 aspects of the contract (excluding contract modifications) after contract award, including but not limited to approving design changes, and authorizing payment for completed work, etc. Q. Responsive Bidder A bidder who has submitted a bid which conforms, in all material respects, to the bidding documents. R. Responsible Bidder A bidder who has the capacity, in all respects, to perform fully the Contract requirements, the moral and business integrity, and reliability which will assure good faith performance. S. Specifications The term Specifications refers to the written technical description of materials, equipment, construction systems, standards, and workmanship to be applied to the Work and certain administrative details applicable thereto. T. UOSA means The Upper Occoquan Service Authority. The terms Owner and UOSA have the same meaning. U. Work The word Work shall include all material, labor equipment and tools, appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and any such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated or as required by industry practice, custom or usage to complete the project as proposed by the Bidder and accepted by UOSA. END SECTION 1 Page 5 of 32

10 SECTION 2 Specifications 2.0 Description of the Fike Explosion Protection System The Fike Explosion Protection System senses the beginning of an explosion through initial pressure rise and the system starts a controlled and predictable release of the suppressant agent to prevent the explosion from happening. UOSA s Fike Explosion Protection System in Building U have a total of 14 SRD containers and 21 HRD containers. Each container has two nozzles. The system has the following zones: Zone 1: One Epaco controller, one Cerex ceramic pressure transducer, three 9 L suppressant containers and three 30 L suppressant containers. Zone 2: One Epaco controller, one Cerex ceramic pressure transducer, four 2.5 L suppressant containers, two 5 L suppressant containers and one 9 L suppressant container. Zone 3: One Epaco controller, one Cerex ceramic pressure transducer, two 2 L suppressant containers, two 2.5 L suppressant containers, three 9 L suppressant containers and two 20 L suppressant containers. Zone 4/5: One Epaco controller, one Cerex ceramic pressure transducer, one 9 L suppressant container, two 10 L suppressant containers and six 30 L suppressant containers. Zone 7: One Epaco controller, one Cerex ceramic pressure transducer and one 9 L suppressant container. Zone 8: One Epaco controller, one Cerex ceramic pressure transducer and one 9 L suppressant container. Zone 9: One Epaco controller, one Cerex ceramic pressure transducer and one 9 L suppressant container. Zone 10: One Epaco controller, one Cerex ceramic pressure transducer and one 9 L suppressant container. 2.1 Scope of Work A. UOSA is responsible for providing a personnel lift and nitrogen. All other tools and equipment necessary to complete the inspections and repairs shall be provided by the Contractor. UOSA is also responsible for shutting down the sludge dryer process prior to commencement of work. B. Since the sludge dryer process needs to be shut down during repairs and inspection work on the Fike Explosion Protection System, it might be required to perform this work after normal working hours (nights, weekends or holidays). C. Contractor shall perform miscellaneous maintenance and repairs, both planned and emergency, of UOSA s Fike Explosion Protection System in Building U. D. For emergency repairs the Contractor shall have spare parts readily available at UOSA (within 24 hours) for all the major components of each zone. E. The Contractor shall provide quarterly preventive maintenance of all zones. The inspections shall be performed as described herein and in accordance with the Page 6 of 32

11 requirements of the local authority having jurisdiction and the National Fire Protection Association (NFPA) Standard Number 69 (current edition). The goal of the program is to ensure that the Fike Explosion Protection system is in full operating condition. F. After each quarterly inspection the Contractor shall submit an inspection report, including readings, deficiencies (if any) and recommendations. G. As part of the quarterly inspection the Contractor shall replace normally deteriorating equipment such as batteries. If a deficiency is noted during the quarterly inspection the Contractor shall, if feasible, correct the deficiency with new parts/equipment. If it is not feasible to replace the part/equipment during inspection the deficiency should be noted in the inspection report as well as a recommendation when the part/equipment needs to be replaced. The expense of replacements shall be paid by UOSA. H. All inspections are to be done in accordance with manufacturers recommendations. The following steps show the minimum requirements for a quarterly preventive maintenance program. i. Suppression Containers and Accessories Visually inspect the system including containers, each and every dispersion nozzle, pipes, hoses, valves and Gas Cartridge Actuators (GCAs). Inspect the initiator area for evidence of deterioration or corrosion. Check the container pressure gauge for loss of pressure. If the pressure is not within range, use nitrogen to re-pressurize the container to the required pressure. Note the pressure loss on the inspection report. Check for leakages ii. Pressure Detectors Remove detectors from the process and verify there is no damage to the pressure sensing area and no accumulation on the surface. Calibrate all detectors per the manufacturer's O&M manual. Activate each detector to verify the trip point is accurate per the manual and the system design drawings. Verify the connection flange on the process is clear of accumulation. Re-install the detector. iii. Epaco Control Panels Disable the control panel. Prior to any service activity, disable all controls and disconnect the GCA/detonators from all suppression containers and the isolation valve. Disable the Explosion Protection Controller (EPC). For system service, the EPC must be powered down to disconnect the actuators on the series firing circuit. The remote disable switch is not sufficient for this activity, as it leaves the firing circuit capacitor charged. Retrieve history from EPC, Annunciator Module (AM) and Power Supply Unit (PSU). Remove power to the EPC. Page 7 of 32

12 Shunt and remove the initiators from the series firing circuit. Place flash bulbs in place of each initiator. Restore power to the EPC. Calibrate transducer. Activate each releasing output and verify flash bulb has fired. Remove power to EPC and reconnect suppression containers and the isolation valve. Restore power. Include a report from the EPWorks software via a local printer, or as a PDF file, in the inspection report submittal. iv. Isolation Valve for Zone 6 Visually inspect the system. Actuate the gate in both directions ten (10) times, to insure free movement using shop air or nitrogen. Inspect the GCA area for evidence of deterioration. v. Field wiring Check field wiring for appropriate loop and insulation resistance. 2.2 General Requirements A. The Contractor warrants that all workmanship shall be of the highest quality and in accordance with contract documents and manufacturer(s) specifications, and shall be performed by persons qualified at their respective trades. B. It is the responsibility of the Contractor to fully test the installations before they are placed into service. All connections to electrical and mechanical means shall be installed and fully functional. It is the responsibility of the Contractor to provide any necessary alterations to achieve a complete, operating, and fully functional and safe installation. C. The Contractor is responsible for field verification of existing conditions, including but not limited to power requirements, control interfaces, explosive atmosphere, and other field measurements. D. When required by the Owner, the Contractor shall submit Maintenance Manuals that include the manufacturer's recommended maintenance schedule, spare parts, etc. 2.3 Method of Ordering A. Quarterly Preventative Maintenance: i. An annually renewable Blanket Purchase Order will be established for the quarterly preventive maintenance program. B. Miscellaneous Maintenance Services and Repairs: i. All repairs, both emergency and planned, shall be billed at a fixed hourly rate that the Contractor has provided as part of this solicitation. ii. iii. For emergency repair work an annually renewable Blanket Purchase Order will be established on a time and material basis. For planned repair work UOSA will issue individual Purchase Orders on an as- Page 8 of 32

13 iv. needed basis. Contractor shall complete all work based on individual Purchase Orders and in accordance with applicable specifications, contract documents, information included as a response to this solicitation and all applicable local, state and federal standards and applicable manufacturer recommended specifications for all materials and proprietary installation processes. For planned repairs or improvements (not emergency repairs) UOSA will request quotes with an exact cost from the Contractor prior to issuing a Purchase Order. Quotes are to be returned within ten (10) working days, unless a different time of return is mutually agreed to. These quotes shall be furnished by the Contractor at no charge and are considered an overhead cost to be included in the bid amounts. Quotes shall be valid for acceptance by UOSA for a minimum of 30 days. Quotes will cover only quoted work; cost for unforeseen or unknown repairs will be mutually agreed upon by the Contractor and UOSA. v. The Contractor shall specify the following in all quotes; Short description of the scope of work or reference to received information Anticipated time of completion (number of work days) Cost specification including (when applicable) line items for labor cost and cost of materials When applicable Contractor shall include any safety concerns that the Contractor has in order to complete the work. vi. Planned repair work under this solicitation is not to begin until the Contractor receives a Purchase Order based on the quote from the Contractor. The Contractor shall start work in a timely fashion after the Contractor receives the Purchase Order. 2.4 Minimum Qualifications for Bidders A. All bidders on this project shall prove their ability to perform the services mentioned above before any agreement shall be made. Bidders must: i. Have at least five years experience in this or a closely related field. ii. iii. iv. Have available qualified personnel. Bidders shall certify that they are factory authorized and trained to perform inspections, maintenance and service on the Fike Explosion Suppression System. Conduct business in a legal and reliable manner. Have adequate equipment and tools to perform the work. v. Have financial resources necessary to undertake and perform the contract properly. vi. Be licensed to operate in the Commonwealth of Virginia and Fairfax County. vii. Have the ability to respond to emergency repairs within 24 hours. B. The Owner reserves the right to ask Bidders for any additional information that UOSA, in its sole discretion, deems necessary to make an Award. 2.5 Contractor s Responsibilities A. The Contractor shall be responsible for all products and/or services as required by this solicitation. The use of subcontractors is prohibited unless: Page 9 of 32

14 i. The use of subcontractor is indicated in the bid ii. The Bidder receives written approval to use a subcontractor prior to, or as part of the formal contract between the parties B. Even when properly authorized by UOSA, the use of a subcontractor does not relieve the Contractor of liability under the contract. C. The Contractor, at its sole expense, shall be responsible for damage to UOSA and non-uosa property as a result of its failure to protect such facilities and utilities. D. Where the Contractor's Work may cause damage or disrupt existing UOSA property including but not limited to utilities, plant equipment, instrumentation and control systems, the Contractor shall make arrangements necessary for the protection of such property. The Contractor, at its sole expense, shall immediately replace UOSA property removed or damaged by, or at the direction of, the Contractor or any subcontractor to the Contractor. Replacements will be new and current technology unless otherwise provided for in these specifications, or authorized by UOSA. E. Contractor shall return all work areas to the same or better condition than prior to start of Work. Contractor must notify UOSA of any area, piece of equipment, etc., that is damaged or not in the same or better condition than prior to start of Work. The Contractor will be responsible for repair, replacement, etc., of any such property, which is within the Contractor's area of responsibility and is found to be in need of repair/service by the UOSA Project Manager. Acceptance shall not occur until all such damages are either repaired or replaced or for which UOSA is reimbursed a fair and reasonable sum as negotiated and agreed to in writing, by UOSA. F. The Contractor shall at all times keep the premises and adjacent areas free from accumulations of waste material or rubbish. The Contractor shall secure the premises as needed. At completion of the work, the Contractor shall remove from and about the premises and adjacent areas, all rubbish, tools used for work and surplus materials, and shall leave the area Broom Clean and ready for use. 2.6 References Bidder shall submit with the Bid, on the form provided (Attachment B), the name, address, telephone number and point-of-contact of a minimum of five firms, for which the bidder has provided similar services within the preceding 24 months. References may be checked prior to Award. UOSA reserves the right to obtain additional references (including UOSA), either directly through the Bidder or other legitimate sources. UOSA reserves the unilateral right to reject any Bid for which an unacceptable reference is identified (including UOSA) within the preceding 24 months. 2.7 Bid Submission A. Failure to use the attached Bid Submission Form (Attachment D) will be at the bidder's risk and peril. If in the opinion of the Purchasing representative responsible for this procurement the bidder failed to provide all necessary information either on the attached forms or some other forms, the bid shall be declared to be non-responsive. B. By submitting a bid in response to this solicitation, bidder agrees to be bound by the terms, conditions and specifications contained herein along with any addenda to this solicitation. C. Bidders shall provide the following in the order listed herein: 1. UOSA Solicitation Disclosure Form (located just after the table of contents) Page 10 of 32

15 2. Attachment A - The completed Proof of Authority to Transact Business in the Commonwealth of Virginia form 3. Attachment B References (in identical format provided in Attachment B) 4. Attachment C - Bid Summary Sheet 5. Attachment D - UOSA Bid Submission Form, signed and dated 6. Attachment E - Bidder s Qualification Form, including attachments 7. Signed copy of all addendums if any are issued prior to the due date END SECTION 2 Page 11 of 32

16 SECTION 3 Terms and Conditions 3.0 Terms and Conditions 3.1 Anti-Discrimination By submitting their bids, Bidders certify to UOSA 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. A. During the performance of the contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. B. The Contractor will include the provisions above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 3.2 Antitrust By entering into a contract, the Contractor conveys, sells, assigns, and transfers to UOSA 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 UOSA. 3.3 Arrearage By submitting a bid in response to this solicitation, the individual or firm submitting the bid shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing UOSA, the Commonwealth of Virginia, or any public organization within Virginia. Said representation shall include the payment of taxes and employee benefits. Bidder further agrees that it shall make diligent effort to avoid becoming in arrears during the term of the Contract. 3.4 Assignment of Interest The Contractor shall not assign any interest in any resulting Contract and shall not transfer any interest in the same without prior written consent of UOSA, which UOSA shall be under no obligation to grant. 3.5 Availability of Funds It is understood and agreed between the parties that UOSA shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this agreement. Page 12 of 32

17 3.6 Binding Arbitration 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. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, ). ADR procedures are described in Chapter 9 of the Virginia State Vendors Manual which can be found at The contractor shall comply with all applicable federal, state and local laws, rules and regulations. 3.7 Cancellation UOSA may cancel this solicitation or any ensuing contract at any time and for any reason. 3.8 Collusion All bids or 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. All Bidders are required to sign the included UOSA IFB Disclosure Form that is included at the beginning of the IFB document. (Disclosure form must be filled out in its entirety) 3.9 Commonwealth Corporation Identification A bidder organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Virginia Code shall include in its bid the identification number issued to it by the Virginia State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth of Virginia as a foreign business entity under Title 13.1 or Title 50 of the Virginia Code or as otherwise required by law shall include in its bid a statement describing why the bidder is not required to be so authorized. Any bidder that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the Commonwealth of Virginia Director of the Department of General Services Conflicting Terms The terms and conditions contained in this solicitation shall control any contract arising from an award of this solicitation. Any proposed terms and conditions, including any for a contract that the Bidder proposes to use, shall be submitted as part of the Bidder s offer to sell. Terms and conditions submitted by a Bidder after the deadline for submitting offers to sell will be rejected and the Bidder will be held to the terms and conditions contained herein. Contract award is contingent on the Bidder and UOSA agreeing on mutually acceptable terms and conditions. Failure to do so will automatically disqualify the Bidder from contract award. To the extent that a conflict arises or is found to exist between the Bidder s offer to sell and this solicitation, including any addenda thereto, the terms, conditions and specifications contained in this solicitation and any addenda thereto shall in all cases prevail Contract Changes/Change Orders No verbal agreement or conversation with any officer, agent or employee of UOSA either before or after the execution of any Contract resulting from this solicitation or follow-on negotiations, shall affect or modify any of the terms, conditions, specifications, or obligations contained in the IFB, or resulting Contract. No alterations to the terms and conditions of the Contract shall be valid or binding upon UOSA unless made in writing and signed by an agent of UOSA fully Page 13 of 32

18 authorized by the Purchasing Agent. Contract changes shall be in writing, and shall be on official UOSA letterhead. In any event and in all circumstances, the Contractor shall be solely liable and responsible for any Contract changes, deviations, etc., made without first receiving written authorization to deviate from the Contract by the UOSA Project Manager Contractor s Responsibilities The Contractor shall be responsible for all products and/or services as required by this IFB. Even when properly authorized by UOSA, the use of a subcontractor does not relieve the Contractor of liability under the contract Debarment Status By submitting their bids, Bidders certify that they are not currently debarred by Commonwealth of Virginia 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 Delays A. By UOSA: The Contractor shall not be responsible for delays caused by UOSA, its agents, or other contractors. To the extent that the Contractor is unable to proceed with timely installation due to the actions or inactions of UOSA, its agents, employees or other contractors, the Contractor shall be granted an extension to the installation schedule equal to the documented amount of time the Contractor was prevented from performing work. The Contractor shall not be eligible for damages as a result of UOSA delays. B. By the Contractor: Once started, assigned projects must continue without delay or interruption. Unauthorized delays by the Contractor are prohibited. After prior written warning to the Contractor, UOSA may declare the Contractor in default for unacceptable delays. If such a declaration is made, UOSA reserves the unilateral right to cure the default by obtaining the services of a qualified Contractor to complete the project Drug Free Workplace The following provision is required to be in every contract of more than $10,000 by the Virginia Public Procurement Act, and the UOSA Purchasing Department Policies and Procedures Manual: During the performance of any ensuing contract, the Contractor agrees to: A. Provide a drug-free workplace for the Contractor's employees; B. 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; C. 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 D. 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 in accordance with this solicitation, the employees of whom are prohibited from engaging in the unlawful manufacture, Page 14 of 32

19 sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract Duration of Bids Bids shall be valid for a minimum of 90 days following the deadline for submitting bids. If an award is not made during that period, all offers shall be automatically extended for another 90 days. Bids will be automatically renewed until such time as either an award is made or proper notice is given to UOSA of Bidder's intent to withdraw its proposal. Bids may only be canceled by submitting written notice at least 15 days before the expiration of the then current 90-day period Equal Opportunity The Upper Occoquan Service Authority shall not discriminate against a bidder or offeror in the solicitation or awarding of contracts because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment Ethics in Public Contracting Contractor hereby certifies that it has familiarized itself with Article 6 of Title 2.2 of the Virginia Public Procurement Act (VPPA), Section through 4377, Virginia Code Annotated, and the UOSA Purchasing Department Policies and Procedures Manual and that all amounts received by it, pursuant to a contract resulting from this solicitation, are proper and in accordance therewith. A copy of the UOSA Purchasing Department Policies and Procedures Manual and VPPA is available for inspection at the Purchasing Department at UOSA. The VPPA is also available at the Virginia Department of General Services, Department of Purchases and Supply website ( Examination of Records Bidder agrees that in any resulting Contract, either UOSA or its duly authorized representative shall have access to and the right to examine and copy any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to any resulting Contract. This obligation shall expire five years after the final payment for the final service performed as a result of any and all Contract(s) awarded pursuant to this solicitation, or until audited by UOSA, whichever is sooner. Contractor will provide reasonable access to any and all necessary documents and upon demand provide copies of documents if so required by UOSA or its representative(s). UOSA will reimburse the Contractor for any reasonable expenses it incurs as a result of such a request Formation of Contract with Successful Bidder A. The Contract to be entered into as a result of this IFB shall be by and between the Bidder as Contractor and UOSA. It shall include the following items, which are listed in order of precedence: 1. The fully executed contract between the parties, or UOSA Purchase Order, 2. The IFB and any Addenda to the IFB, 3. The Bidder s response to the IFB (including any drawings and submittals), and 4. All correspondence between the parties regarding this IFB. B. Anything called for by one of the contract documents and not called for by the others shall be of like effect as if required or called for by all, except that a provision clearly designed to negate or alter a provision contained in one or more of the other contract documents shall have the intended effect. Page 15 of 32

20 C. By submitting a bid in response to this solicitation, the Bidder agrees to all Terms, Conditions and to the Specification section contained herein, unless and except as otherwise noted as an exception in the Bidder s bid. Any terms and conditions that the Bidder proposes to use must be submitted as part of the bid. Terms and conditions submitted by a Bidder after the solicitation closing date shall not be accepted and will not be considered for incorporation into the terms of the awarded Contract. D. All time limits stated in the Contract documents, including but not limited to the time for completion of the work, are of the essence Governing Law Notwithstanding Bidder s submitted terms and conditions to the contrary, this solicitation and any resulting Contract shall be governed in all respects by the laws of Virginia and any litigation with respect thereto shall be brought in the courts of Virginia. The Contractor shall also comply with all applicable federal, state and local laws, rules and regulations Immigration Reform and Control Act Of 1986 By submitting their bid, 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 Incorporation by Reference This solicitation is issued in accordance with, and controlled by, the Virginia Public Procurement Act (VPPA), which is incorporated into and made part of the solicitation. By submitting a bid in response to this solicitation, all Bidders acknowledge the VPPA and agree to be bound by it. A copy of the UOSA s Purchasing Manual and the VPPA is available for inspection at the UOSA Purchasing website The VPPA is also available at the Virginia Department of General Services, Department of Purchases and Supply website at: Indemnification and Responsibility for Claims and Liability With respect to any contract that results from this solicitation, Bidder is bound by the following: A. The Contractor shall indemnify, save harmless and defend UOSA, or any employee of UOSA, against liability for any suits, actions, or claims of any character whatsoever arising from or relating to the performance of the Contractor or its subcontractors under this contract. B. UOSA has no obligation to provide legal counsel or defense, or pay attorney's fees to the Contractor or its subcontractors in the event that a suit or action of any character is brought by any person not party to the Contract, against the Contractor or its subcontractors as a result of or relating to the Contractor's obligations under this Contract. C. UOSA has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor's obligations under this Contract. D. The Contractor shall immediately notify the Purchasing Agent of any claim or suit made or filed against the Contractor or its subcontractors regarding any matter resulting from or related to the Contractor's obligations under the contract. If such a claim or suit is brought, the Contractor will cooperate, assist, and consult with UOSA in the defense or investigation of any suit or action made or filed against UOSA as a result of or relating to the Contractor's performance under this Contract. Page 16 of 32

21 E. The Contractor shall pay all royalties and license fees necessary for performance of the Contract. The Contractor shall defend all suits or claims for infringement of any patent rights or other proprietary rights arising from or related to performance of the resulting Contract and shall save UOSA harmless from any and all loss, including Attorneys fees arising out of any such claim Non-Indemnification-Clause Virginia is a Dillon Rule State. Unless specifically permitted by statute, indemnification or attempts to have UOSA "hold harmless" others are invalid and unenforceable or an impermissible waiver of the Authority's sovereign immunity which may create potential future debt in violation of Virginia Constitutional and statutory requirements. The Upper Occoquan Service Authority does not waive its sovereign immunity Insurance A. General Insurance Requirements: Before commencing work, the Contractor shall procure and maintain at its own expense, minimum insurance in forms and with insurance companies acceptable to UOSA to cover loss or liability arising out of the Work. All insurance policies must be from insurers authorized to conduct business within Commonwealth of Virginia and must have a Best's rating of at least A- and a financial size of class VIII or better in the latest edition of Best's Insurance Reports. B. Workers' Compensation and Employers' Liability Insurance: The Contractor shall obtain Statutory Workers' Compensation Insurance covering injury to employees of the Contractor while performing work within the scope of their employment and Employers Liability Insurance with limits of at least $100,000/$500,000/$100,000. C. Required Commercial General Liability Insurance: This insurance must be written on an "occurrence" basis and shall be endorsed to include UOSA as an additional insured and shall provide at a minimum the following: General Aggregate Limit $1,000,000 (Other than Products-Completed Operations) Products-Completed Operations Aggregate Limit $ 500,000 Personal & Advertising Injury Limit $ 500,000 Each Occurrence Limit $ 500,000 D. Business Automobile Liability Insurance: This insurance shall apply to any auto, including all owned, hired and non-owned vehicles, covering Bodily Injury and Property Damage with a combined single limit of at least $500,000 each accident. E. Certificates of Insurance: The Contractor shall provide UOSA with a certificate of insurance evidencing the required coverage before commencing with the work. Insurance certificates shall provide that UOSA be notified at least 30 days prior to any change or cancellation of the said insurance policies Payment A. Invoices: Invoices for items ordered, delivered and accepted and Work completed shall be submitted by the Contractor directly to the payment address shown on the Purchase Order/Contract. Invoices shall show the UOSA Purchase Order or Contract number and either the social security number (for individual Contractors) or the federal employer Page 17 of 32

22 identification number (for proprietorships, partnerships, and corporations) and are subject to review and approval by the UOSA Project Manager. B. Partial Payments: Requests for partial payments or advance payments must be submitted as part of the Price Bid along with a justification. UOSA reserves the right to accept, reject or negotiate requests for partial payments. If the request is rejected, the Bidder must waive the requirement in order to remain in consideration. C. Refunds: If the Contractor is declared to be in default, UOSA will be eligible for a full and immediate refund for payments made to the Contractor Payment Clauses Required in All Contracts Section of the Virginia Public Procurement Act and UOSA s Purchasing Department Policies and Procedures Manual requires that any contract awarded by UOSA include the following clauses: A. The Contractor shall take one of the two following actions within seven days after receipt of amounts paid to the Contractor by UOSA for work performed by any subcontractor(s) under the contract: i. The Contractor shall pay its subcontractor(s) for the proportionate share of the total payment received from UOSA attributable to the work performed by the subcontractor under that contract; or ii. Notify UOSA and any subcontractor(s), in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment. B. Bidders shall include in their bid submissions either: (i) if an individual contractor, their social security numbers; and (ii) proprietorships, partnerships, and corporations to provide their federal employer identification numbers. C. The Contractor shall pay interest to the subcontractor(s) on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment from UOSA for work performed by the subcontractor under the Contract, except for amounts withheld as allowed under A above D. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent per month. E. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor. F. A contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of UOSA. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge Permits and Inspections A. The Contractor shall obtain and provide any and all required permits from the appropriate local authority. B. The Contractor shall be responsible for scheduling all inspections and performing all work necessary for testing and inspections as required by any and all authorities having jurisdiction during the course of Work. Page 18 of 32

23 3.30 Precedence of Terms These Standard Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other Standard Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply Price Firm Period and Cost Increases Bid Prices: Pricing shall be firm and fixed as originally bid and accepted. Contract pricing for additional materials, options, accessories, labor (including subcontractors), etc., will be firm and fixed for the initial 12-month contract period. Surcharges (i.e. fuel surcharges) shall NOT be allowed to be added to invoices as an additional line item. All charges shall be included in the price bid on the Bid Summary Sheet. Any provision of the Contract Documents which imposes any responsibility or performance obligation upon the Contractor shall be deemed to include the phrase within the contract price. Annual Increases for labor, materials and maintenance: A. After the first year (and any year thereafter), contract prices may not be increased by more than the Cost of Living as indicated in the Consumer Price Index Urban (i.e., CPI-U ) for the calendar month ending two months before the expiration month of the then current contract year. B. Increases based upon factors other than the CPI (e.g., Force Majeure, etc.) may be submitted when and, as they occur providing that sufficient detailed supporting documentation is included with the request. UOSA reserves the right to reject any such request or negotiate a mutually agreeable price. C. UOSA reserves the right to periodically check market pricing for similar services. Based upon those findings UOSA reserves the right to require the Contractor to enter into negotiations to arrive at pricing consistent the competitive marketplace. Failure to arrive at acceptable contract pricing may result in cancellation and rebid the contract Qualifications of Bidders UOSA may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder to perform the services/furnish the goods and the Bidder shall furnish to UOSA all such information and data for this purpose as may be requested. UOSA reserves the right to inspect Bidder s physical facilities prior to award to satisfy questions regarding the Bidder s capabilities. UOSA further reserves the right to reject any bid if the evidence submitted by, or investigations of, such Bidder fails to satisfy UOSA that such Bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein Release of Liens and Claims The Contractor hereby acknowledges and agrees that UOSA is an agency of the Government and as such its property is immune from mechanic s liens. The Contractor hereby waives any and all mechanic s rights it may purport to have, and agrees that it shall neither file nor assert any such lien claim. As a condition precedent to final payment for the Work, the Contractor shall sign and deliver to UOSA a release of liens and claims sworn to under oath and duly notarized. The release shall state that the Contractor has satisfied all claims and indebtedness of every nature in any way connected with the Work, including, but not limiting the generality of the foregoing, all payrolls, Page 19 of 32

24 amounts due to subcontractors, accounts for labor performed and materials and equipment furnished, incidental services liens, and judgments Rider Clause Subject to the mutual agreement between the parties, any contract awarded on the basis of this solicitation may be used by any public entity to enter into a contract for the services described and defined herein, with the successful Bidder Safety Program and Contractor s Compliance If applicable to this contract: A. The Contractor shall comply with all applicable Federal, State, and local safety programs, regulations, standards, and codes, to include though not limited to: i. The Virginia Uniform Statewide Building Code, ii. Building Officials & Code Administrators (BOCA) codes (together with adopted International Codes), iii. Virginia Department of Health (VDH) regulations, iv. Virginia Department of Environmental Quality (DEQ) regulations, v. Virginia-OSH (VOSH) regulations, and vi. National Electric Code (NEC). B. The Contractor shall have a current written safety program, that complies with all applicable OSHA and VOSH standards for General Industry regulations, and if required, a written Permit Required Confined Space Entry Program that complies with VOSH Standard Confined Space Entry Standard A copy of these programs shall be provided to the Purchasing Manager with the Contractor's general safety program not later than seven days after contract award and before beginning Work. If the Work requires working in a confined space, the Contractor shall utilize only personnel trained for confined space entry and shall provide all entry equipment including atmospheric test equipment. C. Contractor s employees shall wear hard hats and steel toe shoes while working in all applicable areas Superintendence by Contractor A. The Contractor shall have a competent Field Supervisor, satisfactory to UOSA, on the job site at all times during the progress of the Work. The Contractor shall be responsible for all construction means, methods, techniques, sequences, and procedures for coordinating all portions of the Work under contract except where otherwise specified in the contract documents, and for all safety and worker health programs and practices. The Contractor shall notify the Project Manager, in writing, of any proposed change in superintendent including the reason therefore prior to making such change. B. The Contractor shall at all times enforce strict discipline and good order among the workers on the project. The Contractor shall not employ on the Project any unfit person, anyone not skilled in the work assigned to him, or anyone who will not work in harmony with those employed by the Contractor, subcontractors, UOSA or UOSA s separate Contractors and their subcontractors. C. UOSA may, in writing, require the Contractor to remove from UOSA property, any employee UOSA deems to be incompetent, careless, not working in harmony with others on the site, or otherwise objectionable. Page 20 of 32

25 3.37 Taxes UOSA is exempt from Federal Excise Taxes, Virginia State Sales and Use Taxes, and the District of Columbia Sales Taxes and Transportation Taxes. UOSA's federal tax identification number is Termination of Contract A. For Convenience: The performance of work under this Contract may be terminated by UOSA in accordance with this clause in whole, or from time to time in part, whenever UOSA shall determine that such termination is in the best interest of UOSA. UOSA will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. The laws of Virginia hereunder, including the determination of the rights and obligations of the parties, shall govern termination. B. For Default: If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, UOSA may terminate the Contract by written Notice to the Contractor. The Notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at UOSA's option, become UOSA's property. UOSA shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of Notice of Termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and UOSA can affirmatively collect damages. The laws of Virginia shall govern termination, including the determination of the rights and obligations of the parties to the contract Unit Prices Prevail The Price Bid shall include a complete listing of all prices (annual maintenance, labor, materials, training, etc.). Any work performed beyond the scope of the contract and within the first 12 months after contract award shall be at the prices specified in Bid Summary Sheet. In the event of a conflict between unit prices and extended prices, the unit price shall prevail. All prices bid shall be complete and accurate as submitted Virginia Freedom of Information Act Except as provided herein, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, any interested person, firm, or corporation, in accordance with the Virginia Freedom of Information Act. END SECTION 3 Page 21 of 32

26 SECTION 4 Special Terms and Conditions 4.0 UOSA Drug and Alcohol Policy Any bidder awarded a contract in whole or in part under this solicitation shall be subject to follow this UOSA Policy at all times while on UOSA premises. A. Drugs or Alcohol and the Job: The nature of the Work of UOSA requires that the highest standards of safety be maintained for the public, employees and contractors working at UOSA. The use of drugs, i.e., controlled substances or alcohol while on the job or working while under their influence poses a threat to that health and safety. B. Guidelines for Drugs and Alcohol: All employees and contractors are required to work with faculties unimpaired. Therefore, the use or possession of drugs or alcohol while on UOSA premises is strictly prohibited. Working or reporting to work in a condition that would prevent the employee or contractor from performing his duties in a safe or effective manner for any reason also is prohibited. Any illegal substances will be turned over to the appropriate law enforcement agency and may result in criminal prosecution. Employees or contractors undergoing prescribed medical treatment with a controlled substance are required to advise their supervisor, contract administrator and/or the UOSA safety officer of such treatment. Prescribed use of controlled substances as a part of a medical treatment is not necessarily grounds for disciplinary action. However, where such use adversely affects an employee or contractor s ability to perform his or her job safely and effectively, alternative work assignment or other appropriate action will be employed. C. Detection of Drugs or Alcohol: As a part of its program to prevent the use of controlled substances and alcohol that affect the workplace and in the event of an accident or any incident where safety rules have been or appear to have been violated, employees or contractors involved or responsible may be required to undergo a urine test or other method for the purpose of detecting the use or presence of controlled substances or alcohol. In addition, where a supervisor, contract administrator or safety officer has reason to believe that an employee or contractor may be drug or alcohol impaired, he or she may require the employee or contractor to submit to such testing. The cost of any such testing required for a contractor will be charged to that contractor or deducted from payments to the contractor. An employee s or contractor s refusal to submit to a urine or other test or to cooperate with UOSA s effort to eliminate drugs or alcohol in the workplace may be grounds for disciplinary action, including termination of employment or contract. 4.1 UOSA Smoking Policy Any bidder awarded a contract in whole or in part under this solicitation shall be subject to follow this UOSA Policy at all times while on UOSA premises. A. Purpose: The purpose of the UOSA smoking policy is to maintain UOSA as a safe and smoke-free environment for everyone. B Policy: i. Because of the numerous potentially flammable solids, liquids, and gases encountered in UOSA operations. With limited exceptions smoking must be prohibited in the UOSA workplace. Page 22 of 32

27 ii. Smoking is prohibited inside the security fence of the Plant except in the following locations: patio area on the east side of the Laboratory Building; patio area north of Building H/1; the immediate area at the south entrance to Building S/2; the east side of X/1; the north side of D/2; and the east balcony off the 2 nd floor of Building U. Employees may smoke in the patio area on the east side of Building F. The public will be allowed to smoke on the west side of Building F. C. The users must keep all smoking areas clean. Failure to do so may result in the loss of the smoking privileges. Trash receptacles and cigarette disposal receptacles will be provided at each approved location. The responsibility of emptying the receptacles rests with the users. D. Other Non-UOSA Sites: Contractor shall obey all nonsmoking rules and regulations when performing work for UOSA on non UOSA premises. It is the responsibility of the Contractor to identify these prohibited areas and inform its employees that smoking is not allowed in specified restricted areas. 4.2 Site Safety and Access A. UOSA shall have the right to deny access to the Site, or require the Contractor to remove from the Site, any individual who has exhibited violent, abusive, threatening, negligent, careless, or dangerous behavior or conduct. B. UOSA may limit, restrict, or prohibit access to areas of the Site on a permanent or temporary basis. When access to such restricted areas is required by the Contractor to perform the Work, the Contractor shall obtain permission from the UOSA Project Manager and shall comply with such conditions or limitations to access as may be imposed by the UOSA Project Manager. C. UOSA may restrict parking or require parking permits for vehicles to be brought onto the plant. The Contractor shall be responsible for arranging transportation for its personnel to reach the job sites from whatever parking area is provided by UOSA. 4.3 Contractor's Compliance and Safety Program To the extent applicable, the Contractor shall comply with all applicable Federal, State, and local safety programs, regulations, standards, and codes, to include though not limited to: A. The Virginia Uniform Statewide Building Code, B. Building Officials & Code Administrators (BOCA) codes (together with adopted International Codes), C. Virginia Department of Health (VDH) regulations, D. Virginia Department of Environmental Quality (DEQ) regulations, E. Virginia-OSH (VOSH) regulations, and F. National Electric Code (NEC). The Contractor shall have a written safety program that complies with all applicable OSHA and VOSH standards for General Industry regulations. Page 23 of 32

28 4.4 Vehicle Operation Compliance Vehicles being driven on UOSA property must comply with the posted speed limit, stop and yield signs. Operators found in non-compliance will be asked to leave UOSA property. The Contractor may be required to replace the offenders with new personnel if deemed to be in the best interest of the Authority by UOSA s Safety Officer. 4.5 Hard Hat Area Contractor s employees shall wear hard hats while working in areas designated as hard hat areas by UOSA s Safety Officer. END SECTION 4 Page 24 of 32

29 Attachment A: Proof of Authority to Transact Business in Virginia Any falsification or misrepresentation contained in the statement submitted by bidder/offeror pursuant to Title 13.1 or Title 50 may be cause for debarment by UOSA. Please complete the following by checking the appropriate line that applies and provide the required information. The undersigned bidder/offeror: 1. is a Virginia business entity organized and authorized to transact business in the Commonwealth of Virginia by the State Corporation Commission (SCC). The Bidder s current valid identification number issued by the SCC is. (The SCC number is NOT your federal tax identification number). -OR- 2. is a sole proprietor and no SCC number is required. -OR- 3. is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business, any employees, agents, offices, facilities, or inventories in Virginia. This does not account for any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts. It also, does not account for any incidental presence of the Bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from the Bidder s out-of-state location. Bidder shall include with this proposal documentation from their legal counsel which accurately and completely states why the Bidder is not required to be so authorized within the meaning of or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. -OR- 4. has obtained a Certificate of Authority to do Business in the Commonwealth of Virginia from the SCC and has included a copy of the certificate with this proposal. -OR- 5. currently has pending before the SCC an application that was submitted prior to the due date and time of this solicitation for authority to transact business in the Commonwealth of Virginia and seeks consideration for a waiver to allow the submission of the SCC identification number after the due date for proposals (UOSA reserves the right to determine in its sole discretion whether to allow such waiver.) Signature: Date: Name: (print) Title: Name of Firm: THIS FORM MUST BE SUBMITTED WITH YOUR BID/PROPOSAL Page 25 of 32

30 Attachment B: References BIDDER S NAME: 1. COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) INSTALL DATE: 2. COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) INSTALL DATE: Page 26 of 32

31 BIDDER S NAME: 3. COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) INSTALL DATE: 4. COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) INSTALL DATE: 5. COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE: ( ) - - FAX: ( ) INSTALL DATE: End of Attachment B Page 27 of 32

32 Award will be based on lowest Total Bid Amount. Part One Attachment C: Bid Summary Sheet A. Quarterly Fike System Inspections All costs - labor, materials, equipment rental, travel, etc. must be included. Additional charges not included in the price bid will not be considered. Quote the Total Cost for one Quarterly Fike System Inspection A.1. During Regular Working Hours (Monday through Friday, 7:00 a.m. through 5:00 p.m.) $ A.2. During Weekend Working Hours (Friday 5:00 p.m. through Monday 7:00 a.m.) $ B. Recharge Cost: For bidding purposes only. Actual work will be quoted and ordered as specified in this solicitation. Use the labor rates provided in Part Two to quote the work (excluding materials and parts) to perform the following scenarios: B.3. Recharge, during regular work hours 1, Zone 3 after system discharge $ B.4. Recharge, during regular work hours 1, Zone 7 after system discharge $ C. Bid Totals: A.1 x 3 Times Per Year = $ A.2 x 1 Time Per Year = $ B.3 = $ B.4 = $ Total Bid Amount = $ Page 28 of 32

33 Part Two The following section to be used for miscellaneous maintenance services and repairs as needed. Any quotes requested by UOSA must use the submitted rates. Labor rates shall be paid on the basis of time on the job site. Labor rates shall include all direct and indirect costs. General and administrative costs such as cost incurred for transportation of workers, material acquisition, handling and delivery for movement of contractor owned or rental equipment, and projected supervision and profit, are not chargeable directly but are considered overhead and must be included in the labor rates. Mark rates that are not applicable with N/A. Craft Regular 1 Overtime 2 After Hours Overtime 3 Supervisor Technician Laborer Other Other Other 1 Monday through Friday, 7:00 a.m. through 5:00 p.m. 2 Monday through Thursday, 5:00 p.m. to 7:00 a.m. 3 Friday 5:00 p.m. through Monday 7:00 a.m. and Holidays Page 29 of 32

34 Bidder must provide the following information: Attachment D: UOSA Bid Submission Form Company Name: Virginia State Contractor s License: Address: Signature: Signed: Date: Telephone: Printed: Fax: Title: Bidders Federal ID Number Submission Checklist: Note: Your bid submission must include all of the following documents UOSA Solicitation Disclosure Form Attachment A Attachment B Attachment D Attachment E All Signed Addendums if issued Attachment C End of Attachment D Page 30 of 32

35 Attachment E: Bidder s Qualification Form 1. How many years experience in the proposed type of Work has your organization had? < 5 years 5-15 years years > 30 years 2. Provide a list of field personnel that are factory authorized (certified) to perform the services in this solicitation. Include each certified employee s full name and the date of their next recertification. Attachment # 3. Has your organization or any of its officers, directors, or owners had any judgments entered against them within the past 10 years for the breach of contract for governmental or nongovernmental work? Yes No If yes, give complete circumstances for each occurrence on a separate sheet(s) of paper. Attachment # 4. Have any of your officers, directors, project managers, procurement managers, or chief financial officers been convicted within the past 10 years of a crime related to governmental or nongovernmental work? Yes No If yes, give complete circumstances for each occurrence on a separate sheet(s) of paper. Attachment # 5. Has your organization ever failed to complete a contract with a public body? 6. If yes, give complete circumstances for each occurrence on a separate sheet(s) of paper. Attachment # 7. Is your organization or any of your officers, directors, or owners currently debarred by any municipality, county, state, or federal agency? If yes, give complete circumstances for each occurrence on a separate sheet(s) of paper. Attachment # 8. Has your organization ever been a party in any litigation of any type on Work for which your organization was contracted by any municipal, county, state, or federal agency? If yes, give complete circumstances for each occurrence on a separate sheet(s) of paper. Attachment # 9. Provide a list of the tools required to perform the services in this solicitation. Indicate the date when each tool/kit was last calibrated. Attachment # Yes Yes Yes Page 31 of 32 No No No

36 10. Provide a list of spare parts that your organization will have readily available at UOSA (within 24 hrs.) for emergency repairs. Indicate which zone each component pertains to. Attachment # 11. How quickly can your organization respond to emergencies? a) Over the phone within hrs. b) On site within hrs. 12. Is your organization using Sub-contractors to fulfill the Work in this solicitation? If yes, provide a list of their names, addresses, contact person and the type service they provide. Indicate if this supplements in-house resources or is in lieu of in-house resources. Attachment # Yes 13. Include a copy of your organization s written safety program. Attachment # No Page 32 of 32

37 Upper Occoquan Service Authority Leader in Water Reclamation and Reuse Compton Road, Centreville, VA (703) Charles P. Boepple Executive Director Michael D. Reach Deputy Executive Director TO ALL IFB RECIPIENTS: March 28, 2013 For UOSA IFB# OM-01; Fike Explosion Protection System Quarterly Inspections, Maintenance and Repairs SUBJECT: Addendum #1 DESCRIPTION OF ADDENDUM: 1. Correction of years and section reference on IFB cover page. The schedule should read as follows: Date Issued: Thursday, March 27, :00PM Optional Pre Bid Meeting and Site Visit: Bidder to schedule prior to Deadline for Questions (see section 1.4) Deadline for Questions: Friday, April 11, :00PM Bids Must be Received on or Before Thursday, April 24, :00PM ADDENDUM ATTACHMENTS: 1. Modified UOSA IFB Cover Sheet This cover sheet shall replace, in its entirety, the original cover sheet included with the IFB. All other Terms, Conditions, Tables, Charts and Specifications, and Drawings not otherwise changed remain as originally stated or as shown. Acknowledge your receipt of, and compliance with, this Addendum #1 by signing it and submitting it with your Bid, or referencing its receipt and your compliance in your cover letter. ISSUED BY: Upper Occoquan Service Authority Dustin Baker, Buyer, CPPB ACKNOWLEDGED BY: Company/Offeror Name Signature of Authorized Agent Date Printed/Typed Name