Attachment C- Red Horse Special Terms and Conditions Grounds Maintenance & eMS Contract Language FY24.pdf

ATTACHMENT C

SPECIAL TERMS AND CONDITIONS

GOODS AND NONPROFESSIONAL SERVICES

INDEX - SPECIAL TERMS AND CONDITIONS

1. AUDIT

2. AWARD OF CONTRACT

3. CANCELLA TTON OF CONTRACT

4. eVA ORDERS AND CONTRACTS

5. BID ACCEPTANCE PERIOD

6. CONTRACTOR /SUBCONTRACTOR LICENSE REQUIREMENT

7. CONTRACTOR REGISTRATION

8. FINAL INSPECTION

9. INSPECTION OF JOB SITE

10. PRIME CONTRACTOR RESPONSIBILITIES

11. SUBCONTRACTS

12. WORK SITE DAMAGES

1. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. AWARD OF CONTRACT: The Commonwealth will make the award(s) on Grand Total basis to the lowest responsive and responsible bidder. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. The Commonwealth also reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest.

3. CANCELLATION OF CONTRACT: The purchasing agency reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the contractor. In the event the initial contract period is for more than 12 months, the resulting contract may also be terminated by the contractor, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party.

Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

4. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in ( 1 ) purchase order(s) with the applicable eVA transaction fee assessed for each order.

5. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for

(60) 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 At the end of the days the bid may be withdrawn at the written request of the bidder.

If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

6. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT: By my signature on this solicitation, I certify that this firm/individual and subcontractor is properly licensed for providing the goods/services specified. Furthermore, the contractor and subcontractors shall maintain the required license throughout the term of the contract. The contractor or their subcontractor shall immediately notify the contracting agency in writing in the event the license has been revoked.

Contractor Name:_________________________________________

License# Type__________________

Subcontractor Name:______________________________________

License# Type__________________

7. CONTRACTOR REGISTRATION: If a contract for construction, removal, repair or improvement of a building or other real property is for $120,000 or more, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $750,000 or more, the bidder/offeror is required under Title 54.1-1100, Code of Virginia (1950), as amended, to be licensed by the State Board of Contractors a "CLASS A CONTRACTOR."

If such a contract is for $10,000 or more but less than $120,000, or if the total value of all such contracts undertaken by bidder/offeror within any 12-month period is $150,000 or more, but less than $750,000 or more, the bidder is required to be licensed as a "CLASS B CONTRACTOR." If such a contract is over $1,000 but less than $10,000, or if the contractor does less than $150,000 in business in a 12-month period, the bidder is required to be licensed as a "CLASS C CONTRACTOR." The board shall require a master tradesmen license as a condition of licensure for electrical, plumbing and heating, ventilation and air conditioning contractors. The bidder/offeror shall place on the outside of the envelope containing the bid/proposal and shall place in the bid/proposal over his signature whichever of the following notations is appropriate, inserting his contractor license number:

Licensed Class A Virginia Contractor No. Specialty __________ Licensed Class B Virginia Contractor No. Specialty __________ Licensed Class C Virginia Contractor No. Specialty __________

If the bidder/offeror shall fail to provide this information on his bid/proposal or on the envelope containing the bid/proposal and shall fail to promptly provide said contractor license number to the Commonwealth in writing when requested to do so before or after the opening of bids/proposals, he shall be deemed to be in violation of§ 54.1-1115 of the Code of Virginia (1950), as amended, and his bid/proposal will not be considered.

If a bidder/offeror shall fail to obtain the required license prior to submission of his bid/proposal, the bid/proposal shall not be considered.

8. FINAL INSPECTION: At the conclusion of the work, the contractor shall demonstrate to the authorized owners representative that the work is fully operational and in compliance with contract specifications and codes. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor's sole expense prior to final acceptance of the work.

9. INSPECTION OF JOB SITE: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

10. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing 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 prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

11. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

12. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth's satisfaction at the contractor's expense.

eMS Contract Language

The Agency has implemented an Environmental Management System (eMS), in accordance with Army Regulation 200-1, Executive Order 13990 and Code of Virginia 10.1-1187.1, to guide its operations in an environmentally sound manner. The Agency is and will continue to be a leader in protecting the environment. The Agency has implemented and is maintaining an eMS to ensure continuity of environmental protection while maintaining and enhancing mission readiness. The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the eMS. Contractors shall refer to the Virginia National Guard website at Environmental Program (ng.mil) to read and understand the eMS policy. In addition, the Contractor shall ensure that its employees and subcontractors are aware of the roles and responsibilities identified by the eMS and how these requirements affect the work performed under this contract. If the services supplied have the potential to cause negative environmental impacts, the Contractor is responsible to develop and implement steps to prevent the potential event. In the event an environmental nonconformance or noncompliance associated with the contracted service is identified, the Contractor is responsible to take corrective action immediately. Contractors are liable for any enforcement actions, fines, and/or penalties resulting from their failure to comply with applicable environmental requirements.

https://va.ng.mil/Programs-Resources/Environmental-Program/