IMPORTANT NOTICE

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL ONLY BE ACCEPTED

ELECTRONICALLY VIA THE BONFIRE PORTAL

https://fairfaxcounty.bonfirehub.com

Fairfax County Government uses a procurement portal powered by Bonfire Interactive for accepting and evaluating bids. To register, visit https://fairfaxcounty.bonfirehub.com. Additional assistance is also available at support.procurement@eunasolutions.com.

Submitting bids via the Bonfire portal is mandatory. Fairfax County will not accept bids submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail) in response to this IFB. Reference section titled “ELECTRONIC SUBMISSION OF BIDS” in the Special Provisions, for additional information.

Fairfax County strongly encourages bidders to submit bids well in advance of the bid submission deadline. A bid submission is not considered successful unless all necessary files have been uploaded and the ‘Submit & Finalize’ step has been completed. Bidders are responsible for the consequences of any failure to plan ahead in the submission of its Bid.

The County uses eVA - Virginia's online, electronic procurement system, to publicly announce notice of all contract awards in excess of $200,000. In order to announce county contract awards, registration with eVA is necessary. In anticipation of receiving an award, vendors should register by clicking the Register Now link on the eVA website homepage (www.eVA.virginia.gov).

https://fairfaxcounty.bonfirehub.com/ mailto:support.procurement@eunasolutions.com http://www.eva.virginia.gov)/

IFB 2000004382

SPECIAL PROVISIONS

1. SCOPE:

1.1. The purpose of this solicitation is to establish a term contract(s) for Switchgear Testing and Preventative Maintenance for the Department of Public Works and Environmental Services (DPWES) Wastewater Treatment and Collections Divisions (Together as WWM Divisions). The Contractor will be required to furnish all material, labor, supervision, technical knowledge, tools, and equipment necessary to fulfill the requirements listed in this solicitation.

1.2. The Contractor should specialize in medium voltage, low voltage Switchgear circuit breakers and protection relays to perform preventative maintenance, testing, inspections and repair services for the 4160V and 480V circuit breakers, switchgear, motor control centers and protection relays.

This scope includes the craftsmen, special test equipment, materials, and tools as required to perform preventative and corrective maintenance services as identified herein.

1.3. The Contractor should have a service center capable of repairing, rebuilding, and retesting electrical breakers.

1.4. The Contractor must have at least 10 years’ experience using a High Current Test Set and a secondary Breaker Test Set.

2. REQUIRED DOCUMENTATION:

2.1. Bidders must submit all documents marked “Required” on Bonfire through the Fairfax County Bonfire portal for their bid to be deemed responsive. Bonfire will not allow bids to be submitted unless all required items have been uploaded as listed below:

Failure to provide these items may result in rejection of the bid:

• DPMM32 Coversheet

• Pricing Schedule (BT-28WZ)

• Attachment A1-A5 and W9

2.2. Contractor shall have qualified employees on the crew. Bidders should include with their bid documents the names, years of experience, and any certifications/licenses of employees who will perform work on County equipment as part of this contract. At least one employee must have a Master Electrician License.

3. PERIOD OF CONTRACT:

3.1. The contract shall be for five (5) years from Date of Award. For administrative purposes, the County may align the contract expiration date with the end of a calendar month, which may result in a term slightly longer than five (5) years.

3.2. The obligation of the County to pay compensation due the Contractor under the contract or any other payment obligations under any contract awarded pursuant to this Invitation for Bid is subject to appropriations by the Fairfax County Board of Supervisors to satisfy payment of such obligations. The County’s obligations to make payments during subsequent fiscal years are dependent upon the same action. If such an appropriation is not made for any fiscal year, the contract shall terminate effective at the end of the fiscal year for which funds were appropriated and the County will not be obligated to make any payments under the contract beyond the amount appropriated for payment obligations under the contract. The County will provide the Contractor with written notice of non-appropriation of funds within thirty (30) calendar days after action is completed by the Board of Supervisors. However, the County’s failure to provide such notice will not extend the contract into a fiscal year in which sufficient funds have not been appropriated.

4. PRICES AND PRICE ADJUSTMENT:

4.1. All prices/discounts shall be F.O.B. Destination and shall include all charges that may be imposed in fulfilling the terms of this contract.

4.2. If labor rates are requested, the rates specified by the bidder shall include all direct and indirect overhead costs including but not limited to transportation, general and administrative cost, etc.

Labor rates will be paid on the basis of time at the site.

4.3. Any Bidder that enters $0 or N/A in a pricing blank or leaves it blank shall be considered nonresponsive.

4.4. The Contractor may be required to acquire miscellaneous materials, rent equipment, and purchase services rendered by subcontractors to fulfill the contract requirements. If the Contractor acquires materials, equipment rentals, and/or subcontractor services to fulfill the requirements of the contract, then compensation shall be the actual cost of the materials, equipment rental, and/or subcontractors with a mark-up equal to the percentages shown below. The contractor, while performing tasks under this contract, will not be paid for any additional cost(s). The percentage mark-up shall remain firm for the duration of the contract.

Material Markup: 10% Equipment Rental: 10% Subcontracting Markup: 10%

Note: Invoices, including material, equipment rental, freight/shipping cost or fuel surcharges, and/or subcontractor charges shall be accompanied by all corresponding suppliers/subcontractor’s invoices as proof of Contractor costs. The Contractor shall make every attempt to obtain the lowest prices for services, materials, and rental equipment.

4.5. The Contactor shall not perform work, which will require the use of a subcontractor without first obtaining the approval of the requesting agency and agreement to payment terms for the subcontractor’s services.

4.6. Work done at the Manufacturer’s/Contractor’s site will be paid as an hourly rate/cost reimbursable.

4.7. The Contractor agrees that for unit price contracts, prices shall remain firm for 365 days.

Contractor shall give no less than 60 days advance notice of any price increase to the purchasing office. The contractor shall fill all orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the purchasing office.

4.8. If the price is increased after 365 days, the unit price may be increased only upon approval of a written request to the Purchasing Agent. Upon receipt of the Contractor's request, the County shall make a determination to approve or adjust the requested price increase based upon its investigations and the information provided by the Contractor.

4.9. The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment; (2) proposed effective date; and, (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics index, change in manufacturer's price, etc.)

4.10. Should a price increase be granted the increase shall remain firm for 365 days.

4.11. Price decreases shall be made in accordance with the General Conditions and Instructions to Bidders.

5. ESTIMATED QUANTITIES/PROJECTED REQUIREMENTS:

5.1. The quantities specified in this solicitation are estimates only and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the contract period.

5.2. Authorized individuals will place orders for specific quantities of items covered in the resultant contract, as requirements arise. Please refer to the Special Provisions paragraph entitled, METHOD OF ORDERING.

6. TIME OF PERFORMANCE:

6.1. Fairfax County requires that service response be made at destination within forty-eight (48) hours, after receipt of call (ARC), for routine calls and two (2) hours ARC for emergency calls. Contractor shall provide 24 hour, 7 days per week service.

6.2. Regular hours are defined as 6:30 a.m. through 3:30 p.m., Monday through Friday.

6.3. Overtime hours are defined as Monday through Friday, 3:31 p.m. through 6:29 a.m., weekends, and County Holidays. Compensation will be time and a half what is proposed on the Pricing Schedule for Labor Rates for Repair Services.

6.4. A list of current County Holidays can be found here: https://www.fairfaxcounty.gov/calendar/, please select County Holiday and then View Calendar

6.5. The starting date, place of work and the completion time of the projects assigned under this contract shall be agreed upon between the authorized representative placing the order and the Contractor at the time the order is placed. Work will be at various locations in Fairfax County between the hours of 6:30 a.m. through 3:30 p.m. on regular County business days unless other arrangements have been made.

6.6. Bidders shall indicate, on Attachment A, a contact person’s name and telephone number for normal County working hours, 6:30 a.m. through 3:30 p.m., Monday through Friday. Answering machines are unacceptable as a point of contact. For emergency calls, outside normal County working hours, nights, weekends, and County holidays, the bidder shall list on Attachment A, a contact person and telephone number or have a voice mail paging system or answering service.

Bidder using a voice mail paging system or answering service, in lieu of a contact person, shall be required to initiate a call back to the sender within 15-25 minutes.

6.7. Estimates, when requested, are to be returned within three (3) working days, unless a different time of return is mutually agreed to by the requesting agency. Estimates shall be furnished by the Contractor at no charge and are to be considered an overhead cost to be included in the bid amounts.

A. Estimates are to be detailed, outlining contract unit costs, including time and materials (before and after markup) and estimated cost of equipment rental, and/or subcontractors.

This detail will enable agency personnel to validate the estimated total amount against the current contract prices and to ascertain budgetary requirements. In addition, estimates must include the contract number at the top of estimate.

B. Estimates will cover only quoted work; unforeseen or unknown repairs will be mutually agreed upon by the Contractor and the County. Contractor must get approval by the County for additional work not covered in estimate and submit a new estimate to the County reflecting this change in the same manner referenced in the paragraph above.

C. Estimates shall be valid for acceptance by the County for 30 days.

7. QUOTATION LIMITATION:

7.1. Bidders shall offer only ONE ITEM AND PRICE for each line item bid. No alternatives will be accepted, unless requested by the County.

8. INTERPRETATION OF BID:

8.1. Any questions pertaining to this solicitation shall be directed to:

Nicole Cifci, NIGP-CPP, CPPB, VCA, Contract Specialist III Department of Procurement & Material Management 12000 Government Center Parkway, Suite 427 Fairfax, Virginia 22035-0013 Telephone Number: (703) 324-2854 E-mail: Nicole.Cifci@fairfaxcounty.gov

9. ELECTRONIC SUBMISSION OF BIDS:

9.1. Bids must be received electronically through Fairfax County’s online Procurement Portal at:

https://fairfaxcounty.bonfirehub.com, on or before the Submittal Deadline. Bids will only be accepted through the portal. Fairfax County will not accept bids submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (i.e., e-mail) in response to this IFB. Bid submissions and registration are free of charge.

https://www.fairfaxcounty.gov/calendar/ mailto:Nicole.Cifci@fairfaxcounty.gov

9.2. Documents may be uploaded at any time during the open period. The official time used for receipt of bids/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Bonfire at support.procurement@eunasolutions.com.

(Note: it takes an average of 16 minutes to an hour for a response). Therefore, bidders shall take the necessary steps to submit their bids in advance.

9.3. If, at the time of the scheduled bid closing Fairfax County Government is closed due to inclement weather or another unforeseeable event, the bid closing will still proceed electronically through the Bonfire system.

9.4. Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements for the Bonfire portal - Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

9.5. Each bidder must use the Bid Table functionality provided in the Bonfire portal to submit pricing for their bid. For each line item in the Bid Table, bidders must submit all requested information for that line item (this could include unit pricing, percentage discounts and/or labor rates).

9.6. By executing the Cover Sheet (DPMM32), the bidder acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions.

10. ADDENDA:

10.1. Bidders are reminded that changes to the bid, in the form of addenda, are often issued between the issue date and within five (5) days before the due date. All addenda should be signed and submitted before the due date/time or must accompany the bid.

10.2. Notice of addenda will be posted on eVA and the Bonfire portal. It is the bidder’s responsibility to monitor the web page for the most current addenda at https://fairfaxcounty.bonfirehub.com/.

10.3. The last day to submit questions to be addressed in the addendum will be addressed in Bonfire under “Questions Due Date”. All questions pertaining to this solicitation should be submitted in Bonfire or to nicole.cifci@fairfaxcounty.gov.

11. BID OPENING:

11.1. All bids received in response to an Invitation for Bid (IFB) will be opened at the date and time specified, read publicly, and made available for inspection as provided in paragraph 63, General Conditions and Instructions to Bidders. In order to join bidders must REGISTER HERE.

A copy of the record/bid tabulation shall be made available in the DPMM website at http://fairfaxcounty.gov/procurement/bid-tab/.

12. BID EVALUATION/CONTRACT AWARD:

12.1. Bidders must bid on all items to be considered responsive . Items listed in this solicitation will be awarded to the lowest responsive responsible bidder meeting specifications. The County reserves the right to award the contract in the aggregate, by line item, by section, or by Manufacturer and to make a Primary and Secondary award, based on what the County determines to be in its best interest.

12.2. The County reserves the right, with twenty-four hours’ notice, to inspect the Bidder’s premises to evaluate equipment and support facilities. Failure to allow the County to inspect the facility may result in the rejection of your bid.

13. BID ACCEPTANCE PERIOD:

13.1. Any bid in response to this solicitation shall be valid for (90) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

mailto:support.procurement@eunasolutions.com mailto:nicole.cifci@fairfaxcounty.gov https://events.gcc.teams.microsoft.com/event/c749318b-1500-49de-af50-ce464ab83824@a26156cb-5d6f-4172-9d7d-934eb0a7b275 http://fairfaxcounty.gov/procurement/bid-tab/

14. CONTRACT INSURANCE PROVISIONS

14.1. The Contractor is responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

14.2. The Contractor must during the continuance of all work under the contract provide the following:

a. Statutory Workers' Compensation and Employer's Liability insurance in limits of not less than $1,000,000 to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

b. Commercial General Liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 in aggregate, to protect the Contractor, its subcontractors, and the interest of the County, its officers and employees against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work.

c. Owned, non-owned, and hired Automobile Liability insurance, in the amount of $1,000,000 per occurrence/aggregate, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor. In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy.

14.3. Liability Insurance "Claims Made" basis:

1) If the liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same.

2) The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract. This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub-contractor's work under this contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

14.4. Liability insurance may be arranged by a combination of primary and excess or umbrella policies.

14.5. Any deductibles and/or self-insured retentions greater than $50,000 must be disclosed to and approved by the County’s Risk manager prior to the commencement of services. Use of large deductibles and/or self-insured retentions will require proof of financial ability as determined by the County.

14.6. After a period of five-years from Agreement Date, the County may reasonably require higher limits of insurance or additional insurance coverage against other hazards for which insurance is reasonably obtainable and which, at the time, are commonly insured against in the case of similar properties conducting similar activities within the geographic area of the Property, whether or not such additional insurance requirements are otherwise described or contemplated herein.

14.7. The Contractor agrees to provide insurance issued by companies admitted within the Commonwealth of Virginia, with the Best's Key Rating of at least A: VII.

14.8. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor's broker can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best's rating of A: VII or better.

14.9. The Contractor will provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein and The County of Fairfax, its officers, employees and agents shall be named as an “additional insured” for all liability policies and it shall be stated on the Insurance Certificate that this coverage “is primary to all other coverage the County may possess.”

14.10. The Contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to the County on demand.

14.11. Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against the County and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Contractor or its subcontractors. Where permitted by law, Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

14.12. The Contractor will provide on demand certified copies of all insurance policies related to the contract within ten business days of demand by the County. These certified copies will be sent to the County from the Contractor's insurance agent or representative.

14.13. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 30-day written notice to the County. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate may result in suspension of all payments until the new certificate is furnished.

14.14. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities provisions of the contract.

14.15. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor is as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by the Contractor as it is for acts and omissions of person directly employed by Contractor.

14.16. Precaution shall be exercised at all times for the protection of persons (including employees) and property.

14.17. The Contractor and all subcontractors are to comply with applicable federal, state, and local occupational safety and health requirements, including, but not limited to, the Occupational Safety and Health Act of 1970, Public Law 91-596, as it may apply to this contract.

15. METHOD OF ORDERING:

15.1. The County may use two (2) different methods of placing orders from the final contract: Purchase Orders (PO’s) and approved County procurement cards.

15.2. A Purchase Order (PO) may be issued to the Contractor on behalf of the County agency ordering the items/services covered under this contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of the Commonwealth of Virginia.

15.3. Procurement Card orders and payments may also be made by the use of a Fairfax County or Fairfax County Public Schools “Procurement” Card. The Procurement card is currently a MasterCard. Contractors are encouraged to accept this method of receiving orders.

15.4. Regardless of the method of ordering used, solely the contract and any modification determine performance time and dates.

15.5. Performance under this contract is not to begin until receipt of the purchase order, Procurement Card order, or other notification to proceed by the County Purchasing Agent and/or County agency to proceed. Purchase requisitions shall not be used for placing orders.

16. CORRESPONDENCE:

16.1. All communications between the parties relating to material contractual issues shall be through the Contract Specialist and must be in writing to be deemed binding.

17. ADDITIONS/DELETIONS:

17.1. The County reserves the right to add similar items/services or delete items/services specified in the resultant contract as requirements change during the period of the contract. Fairfax County and the Contractor will mutually agree to prices for items/services to be added to the contract.

Contract amendments will be issued for all additions or deletions.

18. CANCELLATION OF ORDERS:

18.1. Time is of the essence in furnishing the items ordered. The County reserves the right to cancel the order and/or to refuse delivery if the items ordered are not furnished within the period of time specified in this contract.

19. EMERGENCY PURCHASES:

19.1. Should the Contractor be unable to furnish the required item within the period of time specified in the contract the County reserves the right to make emergency purchases from other sources.

20. ORDER OF PRECEDENCE:

20.1. In the event of conflict, the Acceptance Agreement and the Special Provisions of this solicitation shall take precedence over the General Conditions and Instructions to Bidders or any other contract document.

21. SUBCONTRACTING:

21.1. If one or more subcontractors are required, the Contractor is encouraged to utilize small, minority-owned, and women-owned business enterprises. For assistance in finding subcontractors, contact the Virginia Department of Small Business and Supplier Diversity https://www.dbsd.virginia.gov; local chambers of commerce and other business organizations.

22. NEWS RELEASES BY VENDORS:

22.1. As a matter of policy, the County does not endorse the products or services of a Contractor. A Contractor will not make news releases concerning any resultant contract from this solicitation without the prior written approval of the County. All proposed news releases will be routed to the Purchasing Agent for review and approval.

23. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

23.1. Fairfax County is committed to a policy of nondiscrimination in all County programs, services, and activities and will provide reasonable accommodations upon request. Bidders requesting special accommodations should call the Department ADA representative (703) 324-3201 or TTY 1711.

Please allow seven (7) working days in advance of the event to make the necessary arrangements.

23.2. Fairfax County Government is fully committed to the Americans with Disabilities Act (ADA), which guarantees non-discrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and all County programs, activities and services. Fairfax County Government Contractors, subcontractors, vendors, and/or suppliers are subject to this ADA policy. All individuals having any County contractual agreement must make the same commitment. Your acceptance of this contract acknowledges your commitment and compliance with ADA.

24. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

24.1. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). 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 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror that fails to provide the required information may not receive an award.

25. PROHIBITION ON THE USE OF CERTAIN PRODUCTS, SERVICES, APPLICATIONS, AND

WEBSITES:

25.1. Fairfax County may not use, whether directly or through work with or on behalf of another public body, any hardware, software, or services that have been prohibited by the Commonwealth of Virginia and/or the U.S. Federal Government, including the Department of Homeland Security for use on federal systems.

26. SOVEREIGN IMMUNITY:

26.1. The County does not waive its sovereign immunity or any other applicable requirement under Virginia law for bringing claims against the County.

27. ELECTRONIC SIGNATURES:

27.1. Contractors agree that contracts and other associated documents may be executed using electronic signatures and delivered by electronic means. When electronic signatures are used, Contractors agree that the signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

28. FORCED AND INDENTURED CHILD LABOR PROHIBITION:

28.1. Contractors are prohibited from the use of “forced or indentured child labor” in the performance of the contract. Forced or indentured child labor means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

29. FAIRFAX COUNTY CONSTRUCTION SAFETY RESOLUTION:

29.1. The Contractor shall comply with the resolution adopted by the Fairfax County Board of Supervisors on December 8, 2003, as amended, please see Attachment C.

30. STATE REGISTRATION OF CONTRACTOR:

30.1. If a contract is for one hundred and twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred-fifty thousand dollars ($750,000) or more, the bidder is required under Title 54.1, Chapter 11, Code of Virginia (1950), as amended, to show evidence of being licensed as a "Class A Contractor.” (Non Virginia licenses are not acceptable). If a contract is seventy-five hundred ($7,500) dollars or more but less than one hundred and twenty thousand dollars ($120,000), the bidder is required to show evidence of being licensed as a "Class B Contractor". If a contract is one thousand dollars ($1,000) or more but less than seventy-five hundred dollars ($7,500), the bidder is required to show evidence of being licensed as a "Class C Contractor”.

30.2. The Code of Virginia does not allow an unlicensed contractor to submit a bid where the resultant contract will require a license. The bidder shall provide a copy of the license.

31. PERMITS AND LICENSES:

31.1. The Contractor is responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the prosecution of the work without additional expense to the County. The Contractor is similarly responsible for all damages to persons or property that occurs as a result of their fault or negligence.

The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor is also responsible for all materials delivered and work performed until completion and acceptance of the entire construction work.

32. REPRESENTATIONS OF CONTRACTOR:

32.1. The Contractor represents and warrants:

a. The firm is financially solvent and that manager is experienced in and competent to perform the type of work, or to furnish the plans, materials, supplies or equipment to be so performed or furnished; and

b. that contractor is familiar with all Federal, State, municipal and department laws, ordinances and regulations, which may in any way affect the work of those employed, including but not limited to any special acts relating to the work or to the project of which it is a part; and

c. that such temporary and permanent work required by the Contract Documents as is to be done by the contractor can be satisfactorily constructed and used for the purpose of which it is intended and that such construction will not injure any person, or damage any property;

and

d. that contractor has carefully examined the plans, the specifications and the site of the work and that from the contractor’s own investigations, he/she has satisfied themselves as to the nature and location of the work, the character, quality, quantity of surface and subsurface materials likely to be encountered, and character of equipment and other facilities needed for the performance of the work, the general and local conditions and all other materials which may in any way affect the work or its performance.

33. WARRANTY:

33.1. All work provided under this contract shall have, as a minimum, a one (1) year warranty from the date of final acceptance thereof against any latent defects, design, materials, workmanship, installation, fraud, or such gross mistakes, as may amount to fraud. Bidder shall submit documentation indicating the manufacturers' warranty on all materials provided if different from one year indicated above.

34. REPORTING TO WORK:

34.1. The Contractor shall report to the front desk or main office of the County work site before commencing work.

34.2. The Contractor shall insure that their representatives are capable of clear and concise communication with County employees in the English language.

34.3. The Contractor shall ensure their personnel are equipped with and use all appropriate Personnel Protective Equipment to prevent injury.

35. USE OF PREMISES:

35.1. The contractor confines the apparatus, storage of materials, and activities of personnel on or about the premises and adjacent areas, in accordance with the law, ordinances, permits and the directions of the Owner's representative. The contractor shall not encumber the premises with such materials or apparatus or adjacent areas. The work site shall be kept in such orderly fashion as will not interfere with the progress of the work or the work of any other contractor.

35.2. Contractor personnel shall be required to observe all rules and regulations prescribed by the Owner. Tool control and accountability by the Contractor is of importance for security reasons.

35.3. The contractor is responsible for repairing or replacing any work damaged by his/her operations within ten (10) days after notification by the Owner's representative.

35.4. It is the responsibility of the contractor to report in writing, to the Project Engineer any damages found prior to any work at the site.

36. PROTECTION OF WORK AND PROPERTY:

36.1. The Contractor shall protect the Owner's property from injury or losses in connection with this contract at all times. The contractor’s own work and that of adjacent property (as provided by law and the contract documents) from damage shall be guarded. The contractor shall replace or make good any such damage, loss or injury unless caused directly by errors contained in the contract documents or by the Owner or by his/her duly authorized representatives. All passageways, guard fences, lights and other facilities required for protection by local authorities or local conditions must be provided and maintained.

37. IDENTIFICATION:

37.1. Contractor employees/representatives are required to have photo identification and be able to present same upon request. Contractor employees/representatives shall report to the appropriate administrative office each time a site is visited.

37.2. The County reserves the right to withhold payment of invoices when work performed cannot be verified with the job tickets due to the failure of the Contractor’s employees/representatives to report to the front desk or main office of the County or school facility where the work is performed.

37.3. All Contractor employees/representatives may be required to submit to “Criminal History” background checks prior to performing work under this contract, and at any time deemed necessary by the Fairfax County Police Department or Sheriff’s Office. All costs associated with the initial background checks will be the sole responsibility of the contractor. The using agency will provide directions on how to proceed with this process after the Contract is awarded. The Contractor will submit a copy of the criminal background investigation report for each employee to the DPWES WWM designee.

38. SUPERINTENDENCE BY CONTRACTOR:

38.1. It shall be the Contractor’s responsibility to completely supervise and direct the work under this Contract and all subcontractors that he may utilize, using his best skill and attention.

Subcontractors who perform work under this contract shall be responsible to the General Contractor.

38.2. At the site of the work the Contractor shall provide a superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Electrical Supervisor and shall be one who can be continued in that capacity for the particular job involved unless they cease to be on the Contractor's payroll.

38.3. In addition, the Contractor must insure that at all times, at least one (1) employee, at the work site, must be proficient in the English language and must be able to communicate effectively both orally and in writing with County employees.

39. POWER OF CONTRACTOR TO ACT IN EMERGENCY:

39.1. In case of an emergency which threatens loss or injury of property and/ or safety of life, the Contractor will be allowed to act without previous instructions from the County’s Project Manager as the Contractor sees fit. The Contractor shall notify the County’s Project Manager thereof immediately thereafter.

39.2. Any claimed by the Contractor due to such extra work shall be submitted to the County’s Project Manager for approval.

40. ALL WORK SUBJECT TO CONTROL OF ELECTRICAL SUPERVISOR:

40.1. In the performance of the work, the Contractor shall abide by all orders, directions and requirements of the County’s Electrical Supervisor and shall perform all work to the satisfaction of the County’s Electrical Supervisor and at such times and places, by such methods and in such manner and sequence as he may require. The County’s Electrical Supervisor shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, Contract Documents, and any extra work orders and shall decide all other questions in connection with the work.

40.2. The Contractor shall employ no plans, equipment, materials, methods or persons to which the County’s Electrical Supervisor objects and shall remove no plant, materials, equipment or other facilities from the site of the work without the County’s Electrical Supervisor’s permission. The County’s Electrical Supervisor shall confirm in writing, any oral order, direction, requirement or determination.

41. COUNTY’S PROJECT MANGER’S CONTROL NOT LIMITED:

41.1. The County’s Project Manager will control the work under the contract. The successful bidder must perform all the work to the complete satisfaction of the County’s Project Manager. Examples given or statements made in the Special Provisions and the Contract Documents pertaining to the method of work performance are examples, only. Bidders should not assume that the County’s Project Manager’s direction is limited to those items only, but applies to all work performed under the contract.

42. CHANGES AND ALTERATIONS:

42.1. The Owner reserves the right through its Project/Contract Manager to make such alterations in the requirement of work, as may be necessitated by conditions found during the work process, that in the judgment of the Project/Contract Manager appear advisable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the Owner's Project/Contract Manager.

If such changes increase the amount of the work or materials, the Contractor will be paid according to the quantity of work actually done at the prices established for such work under the contract. If such alterations or changes diminish the quantity of work to be done, they shall not constitute a claim for damages or for loss of anticipated profits in the work which may be dispensed with, and the work as constructed shall be paid for in accordance with the contract.

43. INCOMPETENT OR DISORDERLY EMPLOYEES:

43.1. If any person employed on the work by the Contractor shall appear to the County’s Project Manager to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on the requisition of the County’s Project Manager, and shall not again be re-employed (on subject project) except on written consent of the County’s Project Manager.

43.2. Alcoholic beverages and illegal drugs are prohibited on the job site. Possession of alcoholic beverages or illegal drugs, on the job site by a Contractor’s employee, will result in immediate removal of the individual from the site. Any individual removed from the job site, pursuant to this section, may not return to any job site without the written consent of the County’s Project Manager.

44. WEATHER CONDITIONS:

44.1. In the event of temporary suspension of work or during inclement weather, or whenever the County’s Project Manager shall direct, the Contractor will require any subcontractors to carefully protect all materials and work against damage or injury from the weather. If, in the opinion of the County’s Project Manager, any work or materials have been damaged or injured by reason of failure on the part of the Contractor or any subcontractors to protect his/her work and materials shall be removed and replaced at the expense of the Contractor.

45. CLEANING UP:

45.1. The contractor shall keep the premises and adjacent areas free from accumulations of waste material or rubbish at all times. At the completion of the work, all rubbish, tools, used for work and surplus materials shall be removed from and about the premises and adjacent areas, and the area shall be "broom cleaned" and ready for use. In case of a dispute, Fairfax County may remove rubbish or otherwise clean up, and may charge the Contractor either by deduction from amounts unpaid to the Contractor, or by other means with such cost as the County’s Project Manager shall determine to be fair and equitable.

46. INSPECTION:

46.1. All work and materials shall be subject to a final inspection by an authorized representative of Fairfax County. Any omission or failure on the part of the Fairfax County Representative to disapprove or reject inferior or defective work or materials shall not be construed to be an acceptance of any such work or material. If any defective work or material is found during inspection, the Contractor shall remove or repair, at their own expense, such defective work or material rejected and shall rebuild and/or replace same without extra charge.

46.2. If the contract documents, the Owner’s or his agent’s instructions, or laws, ordinances or regulations of any public authority require any work to be tested or approved, the Contractor shall give the Owner or his agent timely notice of its readiness for inspection by the proper authorities.

If any such work shall be covered up without approval or consent, it must, if required by the Owner or his agent or other proper authorities, be uncovered for examination at Contractor’s expense.

47. RECORD OF WORK TICKETS:

47.1. If the work is performed at County site, the work ticket shall be authenticated daily by an authorized County employee, at the job site, and a copy will be provided to the individual who signed the work ticket. The Contractor’s work ticket shall contain the following information:

1. Contractor's Name

2. Purchase Order Number

3. Date of work being done

4. Time of arrival and departure / start and stop times

5. Detailed description of work done

6. Itemized list of supplies furnished

7. Quantity, unit price, and extension of each item, and total, less any applicable trade discount in accordance with the Contract.

8. Name of authorized representative placing the order

9. Name of Fairfax County Agency receiving the services

47.2. The designated Fairfax County representative will generate and authorize all work orders. The County will provide the Contractor with each work order through the County’s approved electronic or written communication method required.