COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO

Transcription

1 COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO DEPARTMENT OF GENERAL SERVICES IFB # RB Christopher L. Winstead, P.E. DIRECTOR April 19, 2013 Invitation for Bid Annual Contract for Preventative Maintenance and Repair of Emergency Generators Subject: Annual contract to furnish and provide Preventative Maintenance and Repair of 147 Emergency Generators for the County of Henrico and Henrico County Public Schools in accordance with the enclosed general terms, conditions and specifications. This IFB is to replace IFB # RB which has been rejected. Sealed bids in accordance with the conditions, specifications, and instructions below and on the attached sheets or drawings hereto, if any, will be received no later than 11:00 a.m. local prevailing time, May 21, 2013 and will be opened and publicly read aloud. Sealed bids should be delivered as follows: IN PERSON OR SPECIAL COURIER U.S. POSTAL SERVICE County of Henrico County of Henrico Department of General Services Department of General Services Purchasing Office OR PO Box E. Parham Road Henrico Virginia Henrico Virginia This IFB and any addenda are available on the County of Henrico website at: The Bids and Proposals link is listed under the Henrico Business Section on the home page. To download the IFB, click the link and save the document to your hard drive; for an copy of this document or any technical assistance please contact A pre-bid conference will be held at 10:00 a.m. May 7, 2013 in the Purchasing Office Conference Room located at the North Run Office Complex, 1590 East Parham Road, Henrico, VA Bidders are strongly encouraged to attend the pre-bid conference and bring a downloaded copy of the IFB in order to ask questions regarding IFB requirements, and to familiarize themselves with the current County systems and operating procedures. Time is of the essence, and all bids received after the appointed hour for submission, whether by mail or otherwise, will be returned unopened. The time clock stamp in the Purchasing Office shall determine the time of receipt. Bidders are responsible for insuring that their bid is stamped by Purchasing Office personnel. All bidders shall use the enclosed Bid Form in submitting their bid prices. The Purchasing Office reserves the right to waive any informality in bids and to award in part or in whole or to reject any or all bids. Nothing herein is intended to exclude any responsible bidder, its product or service or in any way restrain or restrict competition. On the contrary, all responsible bidders are encouraged to submit a bid. Comments as to how bid documents, specifications or drawings can be improved are welcome. The awarding authority for this contract is the Director of General Services. Should you have any questions concerning this Invitation to Bid, please contact Ray Buchton at address, buc31@co.henrico.va.us. Very truly yours, Christopher L. Winstead, P.E. Director of General Services Ray Buchton Purchasing Officer 2/ E. Parham Road/PO Box Henrico Virginia (804) Fax (804)

2 I. Scope of Work/Service: The intent and purpose of this Invitation for Bid is to establish a Term Contract with a qualified vendor to furnish all labor, materials and equipment to provide Preventative Maintenance and Repair of 147 Emergency Generators positioned throughout the County of Henrico and Henrico County Public Schools in accordance with the enclosed general terms, conditions and specifications. Historical Data: For the period January 1, 2011 through December 31, 2011 the County spent approximately $142, on Emergency Generator Repair and Preventative Maintenance; for the period January 1, 2012 through December 31, 2012 the County spent approximately $107, on Emergency Generator Repair and Preventative Maintenance. Nothing herein shall bind the County of Henrico or Henrico County Public Schools to guarantee any specified amount of repair or Preventative Maintenance service and man-hours. II. General Requirements: A. Definitions: 1. Preventative Maintenance (PM) shall be defined as those services performed during quarterly inspections to maintain equipment in operating condition. 2. Corrective Maintenance Repair shall be defined as those services or repairs performed to correct defects discovered during PM; to eventually return malfunctioning equipment to operational condition. Corrective Maintenance Repair shall be further defined as of a non-emergency or emergency nature. This determination shall be made based on the best interest of the County of Henrico. B. Successful Bidder Requirements: 1. The successful bidder shall use qualified service technicians trained in the Preventative Maintenance and repair of emergency generators. 2. The successful bidder shall coordinate all work with the Building Superintendent, Site Supervisor or his designated representatives (hereafter designated as the County). The successful bidder shall advise the County regarding any malfunctions or potential problems with the equipment as detected during a Preventative Maintenance inspection or service. 3. The successful bidder shall cooperate with County officials in performing his work so that interference with normal business activities will be held to a minimum. 2

3 4. All buildings, appurtenances and finishes shall be protected by the successful bidder from damage, which might be done or caused by work performed under this contract. Such damages to the foregoing shall be repaired and/or replaced by approved methods to restore the damaged areas to their original condition at the expense of the successful bidder. The successful bidder shall not be held liable for acts or circumstances beyond their control. 5. Successful bidder shall be responsible for disposal of batteries, used oil, filters and any other materials considered a potential environmental hazard; in accordance with all federal, state and County of Henrico regulations and guidelines. All paperwork verifying proper disposal must be submitted to Buildings & Grounds if requested by the County of Henrico. 6. Successful bidder shall maintain an up to date maintenance record of nameplates and data information on all generators. The maintenance record will be made available to the County upon request. 7. Successful bidder shall maintain a fully staffed operational service office within 50 miles of the County of Henrico Purchasing Office; as defined by Map Quest.com. 8. Upon request the successful bidder shall provide to the County a detailed report fully documenting the work performed. Such documentation shall consist of a checklist for preventative maintenance and inspection on equipment and parts and any recommendations for repairs, corrections and/or modifications to the equipment that may relate to the continued reliable operation of the equipment. a. All material shall be new (unless approved in writing by the County) and bear the UL listed approval for its installed application, if required. Used, shopworn, demonstrator, prototype, reconditioned or discontinued models or materials are not acceptable. b. The successful bidder will provide the County an electronic catalog or website link for products offered. Published manufacturer s price list shall be provided to the County by the successful bidder on a quarterly basis after the contract is awarded or as requested by the County. 9. All repairs and adjustments made as a result of the scheduled preventative maintenance and inspections shall have a minimum of 6 months guarantee. 10. All repairs necessary that are not included in the preventative maintenance coverage shall be performed on a time and materials basis. Bidders hourly labor cost to the County shall include all overhead, profit, estimates, administrative cost, insurance, supervision, environmental fees and other items not listed but related to the successful performance of this contract. No additional costs shall be allowed without the approval of the County of Henrico. 3

4 11. Response time under normal/non-emergency circumstances shall be within 24 hours from the time a service call has been requested. The successful bidder shall respond to the site, and be ready to initiate required repairs. Work on non-critical equipment may be completed as time permits with the agreement of the County of Henrico during work hours. a. For emergency repairs, the successful bidder shall respond to the site, and be ready to initiate required emergency repairs within 4 hours of the request. Work on critical equipment must be completed as soon as possible. b. It is essential that the successful bidder provide an emergency phone number that the County may use for emergency contact. Please provide this emergency number on the bid form (Page #37). c. For emergency and non-emergency repairs, no more than two workmen consisting of a technician and helper shall respond to a call for repair of equipment. The billing invoice shall indicate the names, classification and number of workman involved in the repair. The County may grant authorization for additional workmen, if requested, to complete repairs in a timely manner. The successful bidder must present sufficient justification to request additional workman. No additional compensation will be allowed for extra time or workman without prior approval. 12. Invoicing, Preventative Maintenance and Service/Repair Work: a. Each invoice shall identify the location and dates of work performed. Billing invoices shall include, but not be limited to the information requested below. This information may be provided as attachment(s) to the invoice. The successful bidder shall provide documentation to justify invoice pricing to the County. Invoices will be itemized; lump sum invoices will not be accepted. b. Purchase Order Number must appear on all invoices. c. One (1) copy of a PM, service or repair ticket shall be generated per call. Upon completion of PM, service or repair call, one (1) copy of the PM, service or repair ticket shall be attached and submitted with the billing invoice. 1.) The County requires the submittal of quarterly consolidated invoices for all Preventative Maintenance, PM work performed. 2.) The County requires the submittal of monthly invoices for all Corrective Maintenance, Service/Repair work performed. d. Date of service, generator location, time of arrival/time of completion, hours worked, number of technicians/helpers, and hourly labor rate for each category, total labor charges for each repair. 4

5 e. The successful bidder must include copies of all packing slips with their submitted invoice. The packing slips shall include a list of supplied materials, part numbers, number of parts, manufacturer s list price and the successful bidders discount off manufacturer s list price. f. The successful bidder s invoice will contain a subtotal for labor charges; the invoice will reflect the labor rates documented on the bid form. Labor rates will be exclusive of any used parts and materials. The successful bidder s invoice will also contain a subtotal for material charges (if used); an invoice grand total will be provided. Any discrepancies found on a current invoice shall be corrected and not credited in the successful bidder s next invoice to the County. The invoice in question will be returned to the successful bidder for review and resubmitted to the County with an explanation as to the reason for the non-authorized invoices charges. g. The successful bidder, on an as requested basis shall provide the County an expenditure breakdown based on Labor, Parts/Materials Cost, and a Grand Running Total. 13. Service Vehicles: The successful bidder shall have an adequate amount of service vehicles to provide transportation simultaneously to various County of Henrico generator sites as required. The vehicles shall be stocked with direct and indirect materials to include high usage parts. The successful bidder shall stock the service vehicles with a sufficient inventory to ensure to the maximum extent possible a one trip visit to the repair site. Time and travel away from the job site is not considered productive hours and will not be invoiced as such. Please provide on the bid form (Page #35) the number of service vehicles currently available to your technical staff. 14. Billing time will begin when the successful bidder arrives on site to begin the work. Billing time shall stop when the successful bidder leaves the job site. No travel time or truck charge will be allowed. a. Normal Hourly Rate: The successful bidder must be available during normal business hours of 7:00 a.m. to 5:30 p.m., Monday through Friday. Normal hourly rates shall apply and be paid for productive time on the job. The County will not pay for travel time, lunch or breaks. b. Overtime Hourly Rate: The successful bidder shall be paid overtime hourly rates for productive time on the job beyond the normal work hours, Monday thru Friday. Overtime hours shall be authorized and coordinated with the County of Henrico prior to performing service. c. Bids received with a minimum charge stipulation will be considered non-responsive. 5

6 15. The County reserves the right to bid all major repair work and to award a separate contract for this work. The successful bidder will received a copy of the solicitation to bid this major repair work. During the contract period, the County of Henrico may add or remove Generators from the active working list; whichever is considered to be in the best interest of the County. 16. Under the preventative maintenance (PM) program, the cost of parts required to maintain emergency generators in good operating conditions shall be borne by the County. 17. Under the Corrective Maintenance and Repairs (CMR) program bidders shall provide discount off list price for all Caterpillar, Generac and Kohler parts and materials used to complete repairs as defined in Section D. 18. Supervision by the Successful Bidder: The successful bidder shall at all times enforce firm discipline and good order among the workers performing under the contract, and shall not employ on the work site any person not reasonable skilled in the work assigned. 19. Safety and Security: a. The successful bidder shall comply with and ensure that the successful bidder s personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. This shall include, by way of illustration and not limitation, the standards of the Virginia Occupational Safety and Health Administration for the General Industry and for the Construction Industry. The successful bidder shall provide or cause to be provided all technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the successful bidder. b. Any operations of the successful bidder determined to be hazardous by the County, shall be immediately discontinued by the successful bidder upon receipt of either written or oral notice by the County to discontinue such practice. c. Successful bidder s repair personnel must report to the school security office and sign the visitor s log sheet before servicing HCPS generators or related equipment. The same repair personnel must sign out from the school security office before leaving school premises. It is critical that the school security staff be aware of the location of all visitors at all times. 20. Contractor's Registration: a. No person shall engage in, or offer to engage in, contracting work or operate as an owner-developer in the Commonwealth of Virginia unless it has been licensed or certified under the provisions of Chapter 11 of Title 54.1 of the Code of Virginia, as amended. See Virginia Code (A). 6

7 b. Bidders are prohibited from contracting for, or bidding upon the construction, removal, repair or improvements to or upon real property owned, controlled or leased by the County of Henrico without a Virginia contractor s license or certificate. c. Each bidder shall indicate its Virginia contractor s registration number on the bid envelope and the Bid Form. 21. Contractor's Qualification Statement: 1. Successful Bidder or his Sub-Contractor must be a registered contractor in the Commonwealth of Virginia in accordance with Title 54.1, Chapter 11 of the Code of Virginia, as amended, at the time of bid submission, and shall possess a Virginia Contractor s License Classification B or better, ELE (Electrical Contractor). The Bidder shall have bid and completed projects of comparable nature, size, complexity and construction cost. The Bidder should submit with its bid a completed AIA Document A305, Contractor s Qualifications Statement, (Attachment E) which shall document how the applicable projects meet or exceeds the size, complexity, and nature of this project; and includes details of the management staff and self-performed activities associated with the referenced projects. Only those projects which the Bidder performed the work as the General Contractor should be included in the AIA Document A305. Bidders are not required to submit AIA Document A305, Contractor s Qualification Statement if they have submitted one within the last twelve (12) months as of the date of this bid. 2. Once the document is submitted by the bidder and accepted by the County Purchasing Office, the document will be used by the County in the evaluation of all bids submitted by the bidder during the designated period of time. The County may request additional information as needed. C. Preventative Maintenance: The Successful Bidders Preventative Maintenance (PM) program shall maintain the Emergency Generators at the highest level of reliability. There shall be four (4) quarterly inspections each performed over a 12 month period. Preventative maintenance shall be performed during normal working hours of 8:00 a.m. to 4:30 p.m. Monday through Friday. The successful bidder shall notify the County regarding scheduled PM work and locations at least 24 hours prior to any preventative maintenance being performed. As a minimum, the successful bidder shall provide: 1. Engine Lubrication Oil System: a. Take oil samples when changing oil; furnish sample reports to the County as soon as possible. b. Check and record oil level and oil consumption. c. Check breather, service meter, oil pressure and gauge, signs of blow by, engine noise, tubes, connections and seals. 7

8 d. Inspect gaskets for leaks, cylinder heads, valve cover and valve cover base. e. Change oil and oil filter annually in the 3 rd calendar quarter. 2. Cooling System: a. Check radiator core inside and out, clean if necessary. b. Check level of coolant and refill as needed. c. Check cooling system anti-freeze, record freeze temperature. d. Check radiator cap and inspect seal. e. Check radiator hoses for brittleness, cracking and weakness. f. Check all hose clamps; tighten as needed. g. Check fan and alternator belt for proper tension and condition, and adjust as required. h. Lubricate fan bearing and water pumps. i. Check operation of temperature gauges. j. Check engine operation temperature during run time. k. Check operation of engine block heater. 3. Fuel System: a. Inspect day tank piping, and drain off sediment and water. b. Check condition of all fuel filters. c. Inspect and repair leaks, loose nuts and bolts, and all fuel lines and connections. d. Perform an operational check of governor and controls, pressure gauge, fuel pressure, high idle and low idle. e. Change fuel filter annually in the 3 rd calendar quarter. 4. Air Induction and Exhaust System: a. Check exhaust smoke, inlet piping, seals, gaskets and connections, element service indicator, rain cap, and exhaust manifold system for gasket leaks and connections and tighten as per specifications. b. Check condition of pre-cleaner, clean and replace according to factory specifications, element housing, all plastic tubing, and exhaust pipes and tighten as needed, air cleaner elements and change according to factory requirements. c. Inspect turbo charger for free rotation, rotor housing contact, endplay, and excessive noise and turbo oil leaks. 8

9 d. Inspect complete air intake and exhaust system including louvers or shutters for correct operation when generators are running. e. Open and drain condensation traps. f. Perform check of exhaust system temperature after the engine is warm; to include check of crankcase pressure. 5. Electrical System: a. Check battery water level, record and then fill low cells. b. Check all battery connections for cleanliness and tightness and clean and tighten as needed. c. Check and record specific gravity of all batteries. d. Inspect tension and condition of alternator or generator belts, and tighten and adjust as needed. e. Check condition and operation of switches. f. Check operation of glow plugs. g. Check operation and condition of run hour meter and record. h. Check operation of voltage regulator. i. Check for proper operation of starter motor. j. Check operation of all indicator lamps, and replace as needed. k. Check battery charger output voltage and current. Adjust as necessary to maintain battery charge without excessive water evaporation. l. All batteries shall be routinely replaced after 3 years of use. 6. Power Coupling: a. Check operation of flywheel clutch. b. Adjust flywheel clutch as required by factory specifications. c. Lubricate flywheel clutch as required by factory specifications. d. Check for any unusual clutch noise. 7. Generator Sets: a. Check generator exciter system for proper operation. b. Check generator bearings. c. Check operation of meter panels. d. Check voltage, voltage gain and voltage drop of voltage regulator. Adjust as required by factory specifications. 9

10 e. Check condition and tightness of all generators bolts, and tighten as needed. f. Check generator-housing condition. g. Check operation of automatic start and stop. h. Check and record operation of all safety shut offs to include LOW OIL (LO), OVER CRANK, and HOT WATER THERMOSTAT (HWT). i. Check operation of all pre-alarms to include LO and HWT. j. Check operation of transfer switch to ensure that it automatically starts the generator and is transferring properly. Includes but not limited to: 1.) Fuses 2.) Control Panels 3.) Terminals 4.) Wiring. k. Check voltage sensor. l. Check setting and drop of governor response. m. Lubricate generator bearings in accordance with factory specifications. n. Check oil level on governor. o. Test all alarms associated with the emergency generator. D. Corrective Maintenance and Repairs: The Successful Bidders Corrective Maintenance and Repair Program (CMR) program shall maintain the Emergency Generators at the highest level of operational reliability. Unanticipated Corrective Maintenance Repairs (CMR) are repairs defined as Emergency or Non-emergency repairs discovered during normal operation by Preventative Maintenance and Inspections described in Section C, above. 1. Non-Emergency Repairs: a. Upon discovery of an existing condition considered an unanticipated repair the successful bidder shall immediately notify the appropriate Agency Service Coordination Contact (County). b. The successful bidder shall describe to the County the nature, cause and resolution of the repairs. The County will determine based on the input from the successful bidder if the repair should be classified as an emergency or nonemergency repair. c. In the event the County determines the repair is classified as non-emergency the successful bidder shall provide a written estimate within 24 hours after County notification. 10

11 d. The written estimate shall include but be not limited to the following: 1.) Itemized labor rates as provided in the pricing schedule. 2.) Parts and materials itemized at discount off list price. 3.) The written estimate shall be provided in a total not to exceed pricing format. The County shall be notified immediately in the event the required work will exceed the written estimate; justification will be required. 4.) All supporting documentation related to the non-emergency repair shall be attached to the submitted invoice in accordance with Section 12, invoices. e. All repairs requiring the generator to be out of service for any length of time must be coordinated with the County before being taken out of service. f. Prior to going into work, permission must be granted by the County who shall schedule the repairs in coordination with the successful bidder and other necessary County personnel before the identified generator is taken out of service. g. After any repairs are made to the generator under the written estimate, the unit must then be started and its operation must then be verified by the County representative before returning the generator to service and the lead mechanic leaving the generator site. h. All non-emergency repairs, installed parts and adjustments made or installed on County generators resulting from the Unanticipated Corrective Maintenance and Repair Program shall have a minimum of 6 months guarantee. 2. Emergency Repairs: Emergency repairs are defined as those repairs required for sustaining the safety, health and welfare of the public as determined by County personnel. As soon as the County declares a generator emergency the following shall take place: a. Upon discovery of an existing condition considered a possible emergency unanticipated repair the successful bidder shall immediately notify the appropriate Agency Service Coordination Contact (County). b. The County shall verbally confer with the successful bidder to ascertain the status of the generator prior to any emergency corrective maintenance service work. 11

12 c. During any emergency service, the successful bidder shall verbally consult with the County upon encountering any additional emergency situation or safety hazard. d. The successful bidder shall verbally discuss the status with the County after any and all emergency service work is completed. e. The successful bidder shall provide a written report to the County following the completion of the emergency service repair. Successful bidder may use its own reporting system, however such reporting system, must be discussed and approved by the County before executing any final operational inspection. The County must approve and sign all reports. f. The successful bidder s emergency reports shall include but not be limited to the following: 1.) A summary of work performed 2.) Recommendations for improved equipment operation, if any, preventing the occurrence of the emergency repair. 3.) Evaluation and description of collected generator data. 4.) Description of parts and materials itemized at discount off list price 5.) Total man hours; itemized labor rates as provided in the pricing schedule. 6.) Total price for the job. 7.) The successful bidder s emergency report shall be submitted to the County with 24 hours or the next business day after the unit is considered operational. 8.) All supporting documentation related to the emergency repair shall be attached to the submitted invoice in accordance with Section 12, invoices. g. Upon completion of emergency repairs the unit shall be started and its operation must be verified by the County representative before returning the generator to service and the lead mechanic leaving the site. h. All Emergency repairs, installed parts and adjustments made or installed on County generators resulting from the Unanticipated Corrective Maintenance and Repair Program shall have a minimum of 6 months guarantee. 12

13 III. GENERAL TERMS AND CONDITIONS: A. Addenda: 1. Comments as to how the bid documents, specifications or drawings can be improved are welcome. Bidders requesting clarification or interpretation of or improvements to the bid general terms, conditions, specifications or drawings shall make a written request which shall reach the Purchasing Office, Department of General Services, at least eight (8) calendar days prior to the date set for the receipt of bids. 2. Any changes to the bid general terms, conditions, specifications or drawings shall be in the form of a written addendum from the Purchasing Office and it shall be signed by the Director of General Services or a duly authorized representative. 3. An addendum shall be issued no later than six (6) calendar days prior to the date set for the receipt of bids. An addendum extending the date for the receipt of bids or an addendum withdrawing the Invitation to Bid may be issued anytime prior to the date set for the receipt of bids. 4. Each bidder shall be responsible for determining that all addenda issued by the Purchasing Office for the Invitation to Bid have been received before submitting a bid for the work. 5. Each bidder shall acknowledge the receipt of each addendum on the Bid Form. B. Authorization to transact business in the Commonwealth: 1. A contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. 2. A bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia must include in its bid or proposal the identification number issued to it by the State Corporation Commission. (ATTACHMENT B) Any bidder or 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 or offeror is not required to be so authorized. 3. A bidder or offeror described in subsection 2 that fails to provide the required information shall not receive an award unless a waiver is granted by the Director of General Services, his designee, or the County Manager. 4. Any falsification or misrepresentation contained in the statement submitted by the bidder/offeror pursuant to Title 13.1 or Title 50 of the Code of Virginia may be cause for debarment. 13

14 5. Any business entity described in subsection 1 that enters into a contract with a public body shall not allow its existence to lapse or allow its certificate of authority or registration to transact business in the Commonwealth if so required by Title 13.1 or Title 50 of the Code of Virginia to be revoked or cancelled at any time during the term of the contract. C. Annual Appropriations: It is understood and agreed that this contract shall be subject to annual appropriations by the Board of County Supervisors (the "Board"). Should the Board fail to appropriate funds for this contract, the contract shall be terminated when existing funding is exhausted. There shall be no penalty should the Board fail to make annual appropriations for this contract. D. Award of Contract: 1. The Purchasing Office reserves the right to waive any informality in bids and to award in part or in whole or to reject any or all bids. The reasons for the rejection shall be made a part of the contract file. 2. In case of a tie bid, preference shall be given to goods, services, and construction produced in the County of Henrico or the State of Virginia or provided by persons, firms or corporations having principal places of business in the County of Henrico or the State of Virginia, if such a choice is available; otherwise the tie shall be decided by lot. A County of Henrico business shall be given preference over a State of Virginia business, if such a choice is available. 3. The Purchasing Office shall have the right, before awarding the contract, to require a bidder to submit such evidence of its qualifications as it may deem necessary and may consider any evidence available to it concerning the financial, technical, and other qualifications and abilities of a bidder. (See Attachment A) 4. It is the intent of the Director of General Services to award a contract to the lowest responsive and responsible bidder provided the bid does not exceed the funds available for the contract. This bid will be awarded by Total Bid Price. (See the Bid Form) 5. Upon making an award, or giving notice of intent to award, the County will place appropriate notice on the public bulletin board located at the following locations: Purchasing Office Eastern Government Center 1590 East Parham Road 3820 Nine Mile Road Henrico, VA Henrico, VA Henrico Government Center 4301 East Parham Road Henrico, VA Notice of award or intent to award may appear on the Purchasing Office website: 6. The bidder to whom the contract is awarded shall, within fifteen (15) days after prescribed documents are presented for signature, execute and deliver to the Purchasing Office the contract forms and any other forms required by the bid. 14

15 7. This contract is made, entered into, and shall be performed in the County of Henrico, Virginia and shall be governed by the applicable laws of the Commonwealth of Virginia. Any dispute arising out of any contract resulting from this Invitation to Bid, its interpretations or its performance shall be litigated only in either the General District Court or in the Circuit Court of the County of Henrico, Virginia. E. Bid Security: The Purchasing Office does not require the bidder to furnish a bid security with this bid. F. Bidder's Performance: 1. Goods and services must be delivered and rendered strictly in accordance with this bid and shall not deviate in any way from the terms, conditions, prices, quality, quantity, delivery instructions, and specifications of this bid. 2. All goods and/or services delivered and/or rendered shall comply with all applicable federal, state, and local laws, and shall not infringe any valid patent or trademark. The successful bidder shall indemnify, keep, save, and hold the County, its officers and employees, harmless from any liability for infringement and from any and all claims or allegations of infringement by the bidder or the County, its officers and employees, arising from, growing out of, or in any way involved with the goods delivered or services rendered pursuant to this purchase. 3. In the event that suit is brought against the County, its officers and/or its employees, either independently or jointly with the bidder, the bidder shall defend the County, its officers and employees, in any such suit at no cost to them. In the event that final judgment is obtained against the County, its officers, and/or its employees, either independently or jointly with the bidder, then the bidder shall pay such judgment, including costs and attorneys fees, if any, and hold the County, its officers and employees, harmless therefrom. 4. The successful bidder shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds. 5. The successful bidder shall not, in its product literature or advertising, refer to this purchase or the use of the bidder's goods or services by the County of Henrico, Virginia. 6. The successful bidder shall cooperate with County officials in performing the specified work so that interference with the County's activities will be held to a minimum. G. Bidder's Representation: 1. By submitting a bid in response to this Invitation to Bid, the bidder certifies that it has read and understands the bid documents, specifications, and drawings, if any, and has familiarized itself with all federal, state and local laws, ordinances, rules and regulations that in any manner may affect the cost, progress or performance of the work. 2. The failure or omission of any bidder to receive or examine any form, instrument, addendum or other documents, or to acquaint itself with conditions existing at the site(s), shall in no way relieve any bidder from any obligations with respect to its bid or to the contract. 15

16 H. Bonds: The Purchasing Office does not require the successful bidder to furnish Performance Bond and a Payment Bond for this contract. I. Collusion: By submitting a bid in response to this Invitation for Bid, the Bidder represents that in the preparation and submission of this proposal, said Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person, Bidder or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section 1) or Section through or Sections through of the Code of Virginia. J. Compensation: 1. It is the County's policy not to pay for any goods or services until the same have been actually received. 2. Individual contractors shall provide the Purchasing Office their social security numbers and proprietorships, partnerships and corporations shall provide their federal employer identification numbers (Code of Virginia, Section ). This information shall be provided in the space indicated on the Bid Form. 3. The successful bidder shall submit a complete itemized invoice on each item or service, which is delivered under the contract. The successful bidder shall indicate the purchase order number on the front of each invoice and on the outside of each package or shipping container. 4. Cash discounts shall be deducted in accordance with the terms of the bid. 5. Payment shall be rendered to the successful bidder for satisfactory compliance with the general terms, conditions and specifications of this bid. The required payment date shall be either: (i) the date on which payment is due under the terms of the contract for the provision of such goods or services; or (ii) if such date is not established by contract, not more than forty-five days after goods or services are received or not more than forty-five days after the invoice is rendered, whichever is later (Code of Virginia, Section ). 6. Unless otherwise provided under the terms of the contract for the provisions of goods and services, if the County fails to pay by the payment date, the County agrees to pay the financial charge assessed by the successful bidder, which does not exceed one percent per month (Code of Virginia, Section ). K. Contract Period: 1. The contract period shall be one year from date of award through June 30, The contract may be renewed for 4 additional one-year periods upon the sole discretion of the County at a price not to exceed 3% above the previous year s price. 16

17 3. The successful bidder should submit any proposed price changes and a report on the annual volume of business resulting from this contract to the Purchasing Office at least ninety (90) days prior to the contract renewal date. 4. The contract shall not exceed a maximum of five (5) years. L. Controlling Law; Venue This contract is made, entered into, and shall be performed in the County of Henrico, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia. Any dispute arising out of the contract resulting from this IFB, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the Circuit Court of the County of Henrico, Virginia. M. County License Requirement If a business is located in the County, it is unlawful to conduct or engage in that business without obtaining a business license. If your business is located in the County, include a copy of your current business license with your bid. If you have any questions, contact the Business Section, Department of Finance, County of Henrico, telephone (804) N. Default: If the Successful Bidder is wholly responsible for failure to make delivery or complete implementation and installation, or if the system fails in any way to perform as specified herein, the County may consider the Successful Bidder to be in default. In the event of default, the County will provide the Successful Bidder with written notice of default, and the Successful Bidder will be provided twenty (20) calendar days to provide a plan to correct said default. O. Drug-Free Workplace to be Maintained by the Contractor (Code of Virginia, Section ) 1. During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 2. 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 the Virginia Public Procurement Act, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 17

18 P. Employment Discrimination by Bidder Prohibited: 1. During the performance of this contract, the successful bidder agrees as follows (Code of Virginia, Section ): (a) (b) (c) The successful bidder will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the successful bidder. The successful bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting the provisions of this nondiscrimination clause. The successful bidder, in all solicitations or advertisements for employees placed by or on behalf of the successful bidder, 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. 2. The successful bidder shall include the provisions of the foregoing paragraphs of this section in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Q. Employment of Unauthorized Aliens Prohibited Any contract that results from this Invitation for Bid shall include the following language: "As required by Virginia Code , the contactor does not, and shall not during the performance of this agreement, in the Commonwealth of Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986." R. Environmental Management Contractor shall be responsible for complying with all applicable federal, state, and local environmental regulations. Contractor is required to abide by the County of Henrico s Environmental Policy Statement which emphasizes environmental compliance, pollution prevention, continual improvement, and conservation. Contractor shall be properly trained and have any necessary certifications to carry out environmental responsibilities. Contractor shall immediately communicate any environmental concerns or incidents to the appropriate County staff. S. General: 1. Sealed bids in accordance with the conditions, specifications, and instructions below and on the attached sheets or drawings hereto, if any, will be received in person or via special courier service in the Purchasing Office, Department of General Services, North Run Office Park, 1590 East Parham Road, Henrico, Virginia or through the regular mail by the U.S. Postal Service, P.O. Box 90775, Henrico, Virginia until, but no later than the time and date specified in the Invitation to Bid. 18

19 2. In the solicitation or awarding of contracts, the County of Henrico shall not discriminate because of the race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment. 3. The County welcomes and encourages the participation of small businesses and businesses owned by women and minorities in procurement transactions made by the County. The County of Henrico actively solicits both small business, women-owned and minority (SWAM) businesses to respond to all Invitations for Bids and Requests for Proposals. All solicitations are posted on the County s Internet site at and may be viewed under the Bids and Proposals link on the homepage. 4. The County of Henrico utilizes the Commonwealth of Virginia eva Supplier Web Site for selection of bidders. If your company is not registered, a supplier application is available on the eva web site, T. Indemnification: The successful Bidder agrees to indemnify, defend and hold harmless the County of Henrico, including the County of Henrico Public Schools, its officers, agents and employees from any claims, damages, suits, actions, liabilities and costs of any kind or nature, including attorneys fees, arising from or caused by the provision of any services, the failure to provide any services or the use of any services or materials furnished (or made available) by the successful Bidder, provided that such liability is not attributable to the County s sole negligence. U. Insurance: The successful bidder shall maintain insurance to protect itself and the County of Henrico from claims for damages for personal injury, including death, and for damages to property, which may arise from operations under this contract. Such insurance shall conform to the enclosed County Insurance Specifications. (See Attachment C) V. Modification of Bids: 1. A bid may be modified or withdrawn by the bidder anytime prior to the time and date set for the receipt of bids. The Bidder shall notify the Purchasing Office in writing of its intentions. 2. Modified and withdrawn bids may be resubmitted to the Purchasing Office up to the time and date set for the receipt of bids. 3. No bid can be withdrawn after the time set for the receipt of bids and for ninety (90) days thereafter except as provided under the withdrawal of bid due to error section. W. Negotiation with the Lowest Bidder: 1. If all bids received exceed the available funds for the proposed purchase, the County, pursuant to County Code provisions, may meet with the lowest responsive and responsible bidder to discuss a reduction in the scope for the proposed purchase and negotiate a contract price within the available funds. 2. After bid negotiations, the lowest responsible bidder shall submit an addendum to its bid, which addendum shall include the change in scope for the proposed purchase, the reduction in price and the new contract value (County Code16.36). 19

20 3. If the proposed addendum is acceptable to the County, the County may award a contract within funds available to the lowest responsible bidder based upon the amended bid proposal. 4. If the County and the lowest responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected. X. No Discrimination against Faith-Based Organizations: Henrico County does not discriminate against faith-based organizations as that term is defined in Virginia Code Section Y. Opening of Bids: 1. All bids received on time in the Purchasing Office shall be opened and publicly read aloud. 2. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract (Code of Virginia, Section C). 3. Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records (Code of Virginia, Section E). Z. Product Evaluation/Testing: 1. The Purchasing Office shall have the option to evaluate and/or test any item offered in this Invitation to Bid prior to award of the contract. If the Purchasing Office elects to evaluate and/or test an item, the bidder shall provide all samples required for evaluation and/or testing at no charge within five (5) calendar days of the request by the Purchasing Office. Samples shall be sent to: Henrico County Attn: Ray Buchton 1590 East Parham Road Henrico, Va Upon the completion of the evaluation and/or testing by the Purchasing Office, the bidder shall be responsible for the pick-up/return freight of the samples. If return arrangements are not confirmed within seven (7) calendar days after notification from the Purchasing Office that samples are available for return, the Purchasing Office reserves the right to dispose of said samples. 20