8-Special Provisions.pdf

IFB 2000004226

SPECIAL PROVISIONS

1. SCOPE:

1.1. The purpose of this solicitation is to establish a term contract(s) for the inspection, servicing, testing, recharging, repair, and replacement of fire extinguishers and suppression systems for all departments and activities of Fairfax County Public Schools (FCPS) and Fairfax County Government.

1.2. The Contractor shall perform services in accordance with the latest applicable edition of the NFPA 10 standard. These services include, but are not limited to:

• Inspecting fire extinguishers and suppression systems (including weighing, tagging, and sealing).

• Performing routine maintenance and functional testing.

• Recharging and repairing equipment as necessary.

• Replacing non-serviceable or outdated units.

The Contractor will be required to visit participating locations throughout the County on a scheduled or as-needed basis. Supplemental services may include support for new construction projects, building renovations, or temporary coverage for closed or repurposed buildings. All work must remain in full compliance with NFPA 10, including any amendments or revisions issued during the life of the contract.

1.3. Bidders are required to include the following with their bid:

a. Vendor’s legal Authorized Signature (DPMM32 – Cover sheet)

b. Appendix B

c. Addenda

d. Pricing Schedule

e. References

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

2. BIDDER QUALIFICATIONS:

2.1. Bidders must submit all documents marked “required” on Euna Procurement (formerly known as Bonfire) through the FCPS Bonfire portal for their bids to be deemed responsive.

Bonfire will allow bids to be submitted unless all required items are completed.

2.2. The following is the minimum qualification a bidder must meet or exceed, at the time of submission in order for FCPS to accept a bid as responsive. Each bidder must address how it meets the below minimum qualification when submitting its bid. If a bidder fails to respond to the qualification, or if FCPS determines from the response that a bidder does not meet the minimum qualification, its bid may be deemed non-responsive and disqualified from further consideration.

2.2.a. Bidders shall have a minimum of two (2) years of experience in the supply, installation and servicing of fire extinguishers or fire safety equipment.

3. PRE-BID CONFERENCE:

3.1. An optional pre-bid conference will be held on September 26, 2025 at 10:00 a.m. via Zoom Video Conference. Those interested in attending the pre-bid conference must contact the Contract Specialist at hfhassan@fcps.edu to obtain the Zoom link. Attendees requiring special services are asked to provide their requirements to the Office of Equity and Employee Relations at 571-423-3070, HRequity&empolyeerelations@fcps.edu or TRS at 711. Please mailto:hfhassan@fcps.edu mailto:HRequity&empolyeerelations@fcps.edu allow seven (7) working days in advance of the event to make the necessary arrangements.

3.2. Notify the Contract Specialist as soon as possible, but no later than two (2) days in advance of the meeting if a participant will connect to the meeting from outside of the United States.

3.3. The purpose of the pre-bid conference is to give potential bidders an opportunity to ask questions and to obtain clarification about any aspect of this Invitation for Bids. Bidders may submit any questions pertaining to the IFB, in writing, prior to the pre-bid conference to hfhassan@fcps.edu.

4. PUBLIC BID OPENING:

4.1 A public Bid Opening is scheduled on October 17, 2025 at 2:00 p.m. via Zoom Video

Conference. Anyone interested in attending the public bid opening can attend by contacting the Contract Specialist at hfhassan@fcps.edu to obtain the Zoom link.

5. PERIOD OF CONTRACT:

5.1. The period of this contract shall be from the date of award through December 31, 2030.

5.2. Automatic contract renewals are prohibited. This contract may be renewed at the expiration of its term by agreement of both parties. Contract renewals must be authorized by and coordinated through the Office of Procurement Services. FCPS reserves the right to renew the contract for three (3) additional one-year periods.

5.3. Notice of intent to renew will be given to the Contractor in writing by the Office of Procurement

Services, normally 60 days before the expiration date of the current contract. (This notice shall not be deemed to commit the County to a contract renewal.)

5.4. 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.

6. PRICES AND PRICE ADJUSTMENT:

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

6.2. 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.

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

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. Any price adjustment agreed to shall take place only in accordance with the schedule defined above.

6.4. 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.)

6.5. In the event of unforeseen and unusual circumstances beyond the Contractor’s control that significantly impact the cost of providing the required items or services, the Contractor may submit a request to FCPS for adjustments to the contract unit price. Such requests must be fully documented and will be reviewed, with any price increase granted at the sole discretion of the Purchasing Agent.

6.6. The request must be received at least 30 days prior to the effective date and shall become effective only upon approval by the County Purchasing Agent. The increased contract unit price shall not apply to orders received by the Contractor prior to the effective date of the approved increased contract unit price. Orders placed via County Purchase Order, shall be considered to have been received by the Contractor after the fifth (5th) calendar day following the date issuance. The County Purchasing Agent may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation.

6.7. Price decreases shall be made in accordance with paragraph 40 of the General Conditions and Instructions to Bidders.

7. PROJECTED REQUIREMENTS/ESTIMATED QUANTITIES:

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

OF ORDERING.

7.2. 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. Waiver of ten percent (10%) limitation in paragraph 28, General Conditions and Instructions to Bidders, is acknowledged.

8. DELIVERY/TIME OF PERFORMANCE:

8.1. Fairfax County requires that delivery/service be made at destination within the shortest time frame possible. Bidders must insert a definitive time frame, IN DAYS, on the Pricing Schedule within which delivery/service will be made after receipt of order (ARO). Indefinite terms such as "promptly," "stock," "without delay," etc., will not be given consideration.

FAILURE TO PROVIDE A DEFINITIVE DELIVERY TIME MAY RESULT IN THE

DISQUALIFICATION OF THE BIDDERS’ BID IN ITS ENTIRETY OR FOR THE ITEM

SPECIFIED.

8.2. FCPS requires that on-site response time be within five (5) business days after receipt of call, for routine calls and two (2) days after receipt of call, for emergency calls. Bidders must insert a definitive time frame, IN DAYS, on the Pricing Schedule within which delivery/service will be made after receipt of order (ARO).

8.3. Regular business operation hours are 7:00 a.m. through 3:00 p.m. Monday through Friday.

After hours are defined as Monday through Friday, 3:00 p.m. through 7:00 a.m., weekend and holidays.

• Inspection hours for Fire & Rescue Department are between 7:00 a.m. through 3:00 p.m., Monday through Friday.

• Inspection hours for Fairfax County Public Schools are between 9:30a.m. to 4:30pm Monday through Friday, between September 1 and June 30 (the school year). On student holidays, and during summer months for those schools not hosting summer school sessions, inspection and repairs may be performed during regular business hours.

• Inspection hours for Fairfax County Government are between 6:00 a.m. to 4:30 p.m.

8.4. The County may pick up orders from the vendor when it is in the best interest of the County.

In these instances the Contractor shall release the materials only to the designated representatives of the County Agency authorized to place and pick up orders.

9. QUOTATION LIMITATION:

9.1. Bidders shall offer only ONE ITEM AND PRICE for each line item bid. No alternatives will be accepted, unless requested by the County. If an "or equal" item is to be bid, the bidder must select the brand and model that meets or exceeds the specified item and submit their bid for that item. A discount price offered for a quantity purchase of the same manufacturer and model would not be considered a limitation; however, only the unit price requested will be considered in award.

10. INTERPRETATION OF BID:

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

Humaira Hassan, Contract Specialist Fairfax County Public Schools Office of Procurement Services 8115 Gatehouse Road, Suite 4400 Falls Church, Virginia 22042-1203 Telephone: 571-423-3598 Email: hfhassan@fcps.edu

11. SUBMISSION OF BIDS:

11.1. Bids must be received electronically through FCPS’ online Procurement Portal at:

https://fcps.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. Bidders can register for a free account at:

https://fcps.bonfirehub.com, which will be required when preparing a bid. 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 Euna Procurement (formerly known as Bonfire) portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Euna Procurement / Bonfire at Support@GoBonfire.com.

11.2. Bidders must submit all documents marked “required” on Euna Procurement / Bonfire through the FCPS Euna Procurement / Bonfire portal for their bids to be deemed responsive. Euna Procurement / Bonfire will not allow bids to be submitted unless all required items are completed.

mailto:Support@GoBonfire.com

11.3. If, at the time of the scheduled bid closing FCPS is closed due to inclement weather or another unforeseeable event, the bid closing will still proceed electronically through the Euna Procurement / Bonfire system.

11.4. 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 Euna Procurement / Bonfire portal - Internet Explorer 11, Microsoft Edge, Good Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

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

12. PERFORMANCE EVALUATION

The contractor’s performance will be evaluated based on the following criteria

CRITERIA PERFORMANCE RATING

Performance meets contractual requirements. Performance elements contain some minor problems for which corrective actions were taken. Minimum number of valid complaints about the performance of the Contractor received within in a year.

Satisfactory

Performance does not meet contractual requirements and reflect a serious problem for which the Contractor has not identified corrective actions in a timely manner or at all. The performance of the element contains serious problem(s) for which lacked the contractor’s corrective actions or corrective actions were ineffective. Serious problems include but are not limited to consistent lack of availability of meeting timelines or working in cooperation with FCPS personnel.

Unsatisfactory

If 10% or more of the complaints per year fall in the unsatisfactory performance rating bracket, then further actions may be taken with the final option to terminate the contract for cause. Refer to General Conditions and Instructions to Bidders Paragraph 31.

13. ADDENDA:

13.1. Bidders are reminded that changes to the Invitation for bid, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. The last chance to submit questions to be addressed in addenda is 5:00p.m., on October 03, 2025. All addenda shall be signed and submitted as stated on the addenda in Euna Procurement / Bonfire. Notice of addenda will be posted on eVA and the Euan Procurement / Bonfire portal. It is the Bidder’s responsibility to monitor the web page for the most current addenda at www.fairfaxcounty.gov/solicitation.

14. CONTACT FOR ADMINISTRATION:

14.1. In the event a contract is executed with your firm as a result of this solicitation please indicate the person(s) we may contact for prompt contract administration, in the space provided on Appendix B.

15. BID EVALUATION/CONTRACT AWARD:

15.1. All items listed in this solicitation will be awarded on the basis of a firm fixed price to the lowest responsive responsible bidder meeting specifications.

15.2. 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 the best interest of the County.

16. SAFETY DATA SHEET (SDS):

16.1. When bidding chemicals or products containing chemicals, a current Safety Data Sheets (SDSs), and a description of the product label are to be submitted with the bid. Bidder shall clearly mark the applicable line item number on the Safety Data Sheets (SDSs) to be submitted with the bid. Safety Data Sheets (SDSs) and product labels must comply with OSHA Hazardous Communication Standard 29 CFR 1910.101, 29 CFR 1910.12 and 29 CFR 1926 or any other applicable state, federal, or local regulation. Contractor must submit SDSs sheets to each facility that receive any such supplies, materials, equipment or any other substances furnished. Failure to provide Safety Data Sheets and product label information may be cause for rejection of the bid.

17. CONTRACT INSURANCE PROVISIONS

17.1. The Contractor shall be responsible for its work and all materials, tools, equipment, appliances, and property of any and all description used in connection with this contract.

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.

17.2. The Contractor shall, during the continuance of all work under the contract maintain the following insurance:

a. Statutory Workers' Compensation and Employer's Liability with limits of at least $100,000 to protect.

b. Commercial General Liability insurance with limits of $1,000,000 each occurrence and

$2,000,000 aggregate including contractual liability, personal and advertising injury, and products, completed operations coverage.

c. Automobile Liability insurance, in the amount of $1,000,000 Combined Single Limit covering all vehicles operated by in in use by the Contractor in the performance of this contract.

17.3. Fairfax County Public Schools, the Fairfax County School Board, its officers and employees shall be named as an additional insured in the Automobile and General Liability policies.

17.4. Additional Requirements

a. 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:VI.

b. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from the 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:VI or better.

c. Liability insurance may be arranged by General Liability and Automobile Liability policies for the full limits required, or by a combination of underlying Liability policies for lesser limits with the remaining limits provided by an Excess or Umbrella Liability policy.

d. Prior to commencement of services and during the term of the contract, the contractor will provide a signed Certificate of Insurance citing the contract number and such coverage as required in this section.

e. The contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to FCPS on demand.

f. The certificate holder’s name and address shall read: Fairfax County Public Schools, 8115 Gatehouse Road, Falls Church, VA 22042.

18. METHOD OF ORDERING:

18.1. The County may use two (2) different methods of placing orders from the final contract:

Purchase Orders (PO’s) and approved County procurement cards. The method of payment is at the discretion of the County. No additional surcharges will be accepted for the use of the procurement card.

18.2. A Purchase Order (PO) may be issued to the Contractor on behalf of the County agency ordering the items/services covered under this contract. An issued PO will become part of the resulting 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.

18.3. 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.

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

18.5. 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.

19. CORRESPONDENCE:

19.1. 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.

20. ADDITIONS/DELETIONS:

20.1. 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.

21. CANCELLATION OF ORDERS:

21.1. Purchases made under this contract are for readily available supplies. 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.

22. EMERGENCY PURCHASES:

22.1. 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.

23. INVOICING PROCEDURE:

23.1. The Contractor shall submit a Summary Invoice once each month, listing the Sales/Delivery Ticket numbers covering deliveries made during the monthly billing period and submitted to the BILL TO address shown on the Purchase Order. The invoice must be accompanied by one copy of each signed Sales/Delivery Ticket.

23.2. Invoices shall be email at FCPSInvoices@fcps.edu

23.3. The invoice shall contain the applicable Purchase Order number and the name of the Agency receiving the supplies. Payment will be made once each month.

24. ORDER OF PRECEDENCE:

24.1. 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.

25. AUDIT:

25.1. The Contractor shall retain all books, records, and other documents relative to this contract for three (3) years after final payment, or until audited by the County of Fairfax, whichever is sooner. The County shall have full access to and the right to examine any of said materials during the retention period.

26. SUBCONTRACTING:

26.1. 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.sbsd.virginia.gov, local chambers of commerce and other business organizations.

27. USE OF CONTRACT BY OTHER PUBLIC BODIES:

27.1. Reference Paragraph 71, General Conditions and Instructions to Bidders, Cooperative Purchasing: Bidders are advised that the resultant contract(s) may be extended, with the authorization of the Bidder, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and mailto:FCPSInvoices@fcps.edu payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your bid. (See Appendix B for sample listing).

27.2. It is the Contractor’s responsibility to notify the public body(s) of the availability of the contract(s).

27.3. Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies.

27.4. Each public body has the option of executing a separate contract with the Contractor(s).

Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions.

If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body.

27.5. Fairfax County shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

28. NEWS RELEASES BY VENDORS:

28.1. 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.

29. AMERICANS WITH DISABILITIES ACT REQUIREMENTS:

29.1. 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 Office of Equity and Employee Relations at 571-423-3070, HRequity&empolyeerelations@fcps.edu or TRS at 711.

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

29.2. 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.

30. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

30.1. 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.

mailto:HRequity&empolyeerelations@fcps.edu

31. BACKGROUND CRIMINAL INVESTIGATION/IDENTIFICATION BADGES:

31.1. By the signature of its authorized official on the response to this solicitation, the Contractor certifies that neither the contracting official nor any of the Contractor’s employees, agents or subcontractors who will have direct contact with students has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. The Contractor agrees to remove from the contract any employee, agent or subcontractor who has been determined by the School Board to be disqualified from service due to such convictions or the failure to truthfully report such convictions.

31.2. The Contractor shall immediately notify the FCPS Contract Specialist if any Contractor or employee of said Contractor providing services under the contract is arrested or indicted as a defendant in Virginia or any other jurisdiction. FCPS reserves the right to require that the employee be suspended from working on the contract until the charge(s) is adjudicated.

This requirement does not apply to minor traffic violations, not requiring the appearance of the employee in court, unless the charge includes the illegal possession, distribution, use or influence of drugs or alcohol.

31.3. Due to enhanced security measures, 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 and/or main office each time a site is visited. All Contractor employees will be required to wear a company picture ID badge, or temporary name tag, issued by the County, clearly visible above the waist. Contractor employees/representatives who arrive at the County/School facility without appropriate identification badges will immediately be dismissed from the job site.

31.4. Failure to comply with the above requirements may result in termination of the contract.

32. PERMITS AND LICENSES:

32.1. When county work permits are necessary, the Contractor shall be reimbursed for only the county’s permit charge. The contractor must include the permit charge on the monthly invoice. The Contractor shall, without additional expense to the County, be responsible for obtaining other necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with prosecution of the work.

32.2. The Contractor shall be 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 shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction thereof which theretofore may have been accepted.

33. REPRESENTATIONS OF CONTRACTOR:

33.1. The Contractor represents and warrants:

1 They are financially solvent and experienced in and competent to perform the type of work.

2 They are familiar with Federal, state, municipal and department laws, ordinances and regulations, which may in any way affect the work of those employed therein, including but not limited to any special acts relating to the work or to the project of which it is a part.

3 That such temporary and permanent work required by them 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.

34. SUPERINTENDENCE BY CONTRACTOR:

34.1. 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.

34.2. In addition, the Contractor shall have at least one (1) employee, at the site, Capable of communicating with County employees in the English language.

35. USE OF PREMISES:

35.1. On or about the premises, the Contractor shall cause all apparatus, materials, and activities of personnel to be confined to the limits indicated by law, ordinances, permits and directions, and shall not encumber or permit the premises to be encumbered with such materials or apparatus. The work site shall be kept in such orderly fashion as will not duly interfere with the progress of the work or the work of any other Contractor.

35.2. The Contractor shall be responsible for repairing replacing any work damaged by their operations within 24 hours after notification by the Owner’s Representative that damage has occurred.

36. PROTECTION OF WORK AND PROPERTY:

36.1. The Contractor shall at all times safely guard the owner’s property from injury or losses in connection with this Contract. The Contractor shall at all times safely guard and protect their own work (as provided by law and the contract documents) from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the contract.

37. POWER OF CONTRACTOR TO ACT IN EMERGENCY:

37.1. 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 Project Manager as the Contractor sees fit. The Contractor shall notify the Project manager thereof immediately thereafter.

37.2. Any compensation claimed by the Contractor due to such extra work shall be submitted to the Project Manager for approval. (Ref: Technical Specifications, Paragraph 5)

38. INCOMPETENT OR DISORDERLY EMPLOYEES:

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

38.2. Alcoholic beverages and illegal drugs are prohibited on the jobsite. 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. The Contractor shall ensure that neither its employees nor those of any Subcontractor shall fraternize in any manner with any student of Fairfax County Public Schools at the jobsite. The Project Manager shall have the right to remove from the jobsite any person whose presence to the Project Manager deems detrimental to the best interests of Fairfax County Public Schools. Any individual removed from the job site, pursuant to this section, may not return to any job site without the written consent of the Project Manager.

38.3. The Contractor herby certifies that. (i) neither the Contractor nor any employee of the

Contractor who will have direct contact with students has never been convicted of a felony or any offence involving sexual molestation or physical or sexual abuse or rape of a child;

and (ii) absent prior Notice to the Project Manager, neither the Contractor nor any employee of the Contractor who will have direct contact with students has been convicted of a crime or moral turpitude. The foregoing certification shall be binding upon the Contractor throughout the contract period and the Contractor herby covenants and agrees to provide the Project Manager with immediate Notice of any event or circumstance that renders such certification untrue. The Contractor herby covenants and agrees that it will require this certification to be included in every subcontract of every tier in order that the provision contained herein will be binding upon each Subcontractor and Sub-subcontractor. The Contractor will ensure that no worker shall perform work in occupied areas during school hours unless prior written approval has been granted by the Project Manager and proper safety precautions have been exercised to isolate the area of work.

39. WARRANTY:

39.1. All work and parts provided under this contract shall have, as a minimum, a one 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. Copies of warranties shall be submitted to the Project Manager after completion of work.

39.2. When defective work and/or materials are found during the warranty period, the Project Manager shall notify the Contractor shall respond within 24 hours days of the notification.

Upon receipt of notice from the Owner, of failure or any item or appurtenance thereto or signs of deterioration during the warranty period, the Contractor shall, at his own expense, promptly adjust or repair or furnish and install necessary replacement parts of design, workmanship, materials approved by Owner or replace the complete item.

TECHNICAL SPECIFICATIONS

1. FIRE EXTINGUISHERS

Services for Fire Extinguishers are to be performed at approximately 220 locations throughout FCPS and FCG and shall be accordance with the most current applicable of the National Fire Protection Association (NFPA) “Standard for Portable Fire Extinguishers NFPA-10”.

All equipment removed from site shall be replaced by a loaner at no additional cost to the County.

1.1. Inspections:

Inspections shall be performed on each extinguisher no less than annually at each school facility. Each fire extinguisher must be tagged, signed and dated by the Contractor’s representative performing the service and/or inspection. Tags must be updated at the time of inspection.

Inspections shall be performed on each extinguisher during weekly service/repair for the Fire and Rescue Department.

1.2 Recharging:

Contractor shall recharge all necessary fire extinguishers during the annual inspection at the facility or exchanged with equal at the recharging price. Fire and Rescue Department requires Contractor to recharge fire extinguishers on an as needed basis.

1.3 Repairs:

Repairs if needed shall be completed at time of inspection. There may be the need for incidental called in repairs to include but not limited to, recharging, pin replacement, cabinet repair/replacement, hanging fire extinguishers on the wall, replacement of fire blankets.

These items are to be billed under the hourly labor rate plus the actual cost of materials.

Incidental repairs shall be scheduled and completed in the number of days indicated on the pricing schedule Section D: Repair of Fire Extinguishers.

1.4 Replacement:

All replacements must be approved by the appropriate County authority, or designee, prior to performance of work. Extinguishers are to be replaced only when the repair cost exceed the replacement cost, and by approval only.

1.5 Reporting:

FCPS Department of Facilities and Transportation maintains an EXCEL database for all facilities indicating facility name, extinguisher’s location, size, type, inspection date and upcoming hydrostatic test date. It shall be Contractor’s responsibility to update this database once the inspections and testing have been completed and send the updates to the appropriate County authority or designee on a weekly basis.

2. FIRE SUPPRESSION SYSTEMS (Reference Section F of the Pricing Schedule)

Services for Fire Suppression Systems are to be performed at approximately fifteen (15) locations throughout FCPS and Fairfax County facilities. Service shall be in accordance with the most current edition of the National Fire Protection Association (NFPA) Regulation.

Inspections shall be performed on each Fire & Rescue Department and Fairfax County Public Schools hood system no less than semi-annually. Fire & Rescue Department requires that inspections and repairs be made between 7 a. m. and 3 p. m. Fairfax County Public Schools requires that inspections and repairs be made between 1:00 p.m. and 10:00 p.m. Monday through Friday between September 1 and June 30 (the school year). On student holidays, and during summer months for those schools not hosting summer school sessions, inspections and repairs may be performed during normal business hours.

2.1 Inspections:

Inspections shall be performed on each hood system no less than semi-annually with the County and Schools facilities.

2.2 Repairs:

Repairs if needed shall be scheduled and completed in number of days indicated on pricing schedule Section F: Fire Suppression Systems.

2.3 Reporting:

Fairfax County Public Schools maintains an EXCEL database for all facilities indicating facility name and date of inspection. It shall be the Contractor’s responsibility to update and send to the Office of Facilities Management’s buyer Supervisor or designee on a semi-annual basis.

2.4 EMERGENCY:

All service calls for repairs and inspections to meet a Fire Marshall’s request are considered an Emergency and shall be completed within two (2) days after receipt of call.