Fire Hydrants.pdf

INVITATION FOR BIDS

Fire Hydrants- Public Utilities

IFB No. 25-016-CC Date: December 3, 2024

County of Gloucester Central Purchasing Office

6489 Main Street – Suite 324 Gloucester, VA 23061

Phone: (804) 693-6235 Fax: (804) 693-0061

The County of Gloucester is seeking bids from qualified firms (the “Bidder” or “Contractor”) to furnish the goods and/or services described herein. Bids will be received at the office of Central Purchasing, 6489 Main Street, Suite 324, Gloucester, Virginia, 23061, through the due date and hour shown below (local prevailing time).

Project Overview: To solicit bids from qualified firms to furnish and deliver AWWA C502 Dry Barrel Fire Hydrants (Mueller Super Centurion 250) per the below specifications for Gloucester County Public Utilities Department. The resulting agreements from this solicitation shall be non-exclusive and the County reserves the right to make multiple awards from this solicitation and the use of the contracted firms shall be at the sole discretion of the County.

Pre-Bid Conference: A Pre-Bid Conference is NOT scheduled for this solicitation.

Bids Due: On or before TIME: 2:00 PM on December 17, 2024

Questions: Questions or comments regarding this solicitation shall be directed to the Buyer not later than TIME 4:00 PM on December 6, 2024. All questions shall be submitted in writing (email is preferred).

Buyer: Christine Calhoun, Contract Officer purchasing@gloucesterva.info or 804-693-1210

ONE Original OF YOUR SUBMITTAL IS REQUESTED

Copies of the bid documents may be obtained at the Central Purchasing Office located in County Office Building No. 2, 6489 Main Street, Suite 324, Gloucester, Virginia. You may also download this solicitation at www.gloucesterva.gov/purch on the Central Purchasing website and on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

Note: The County of Gloucester does not discriminate against faith-based organizations in accordance with the Code of Virg inia § 2.2-

4343.1 or against a Bidder or Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

Table of Contents mailto:purchasing@gloucesterva.info http://www.gloucesterva.gov/purch http://www.eva.virginia.gov/

Terms Conditions and Specifications

Section A - General Terms and Conditions Section B - Special Terms and Conditions Section C- Federal Provisions Section D - Scope of Work

Attachments

Attachment A - Bid Form Attachment B - Price Page

SECTION A

GENERAL TERMS AND CONDITIONS.

1. 1. PRE-BID AND BID SUBMISSION REQUIREMENTS:

a. Direct contact with anyone other than the Gloucester County Central Purchasing, including other

County departments or the County consultants, regarding this Invitation for Bid (also referred to “solicitation” herein) is expressly forbidden. Violation of this directive may result in a determination that the Bidder is ineligible for award.

b. All bids shall be submitted sealed with the bid number, date and time clearly marked on the outside of the envelope or package. Electronic transmittals (i.e. fax, email, etc.) will not be considered. Bids received in Central Purchasing after the due date and time will not be accepted. Failure to return required documents and information specified herein may result in a determination that the bid is non-responsive.

c. Bids will be publicly opened on the due date and time specified in the Central Purchasing Department. A bid tabulation will be posted as soon as practical.

d. All costs associated with preparing a bid, including any mailing costs, are the Bidder’s responsibility.

e. All bids must be signed by an officer or employee having the authority to sign on behalf of the firm.

f. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink. Any corrections must be initialed and dated in ink by the person signing the bid. Illegible notations may result in a determination that the bid is non-responsive.

g. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the County, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost to the County. All deliveries shall be F.O.B. Destination.

h. If the County is closed for business on the due date and time for bids, regardless of reason, bids will be accepted on the next business day of the County, at the originally scheduled time.

i. The Terms, Conditions and Specifications in this Invitation for Bids will be incorporated by reference and be part of the contract following award.

j. Failure to submit a bid on the official County form(s), as provided herein, and failure to provide an authorized signature on the forms may be cause for rejection of the proposal.

k. Submission of a bid is not to be construed as an award or an order to ship.

l. A bid by the Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with the County. If a debarment or suspension exists, supporting information shall be provided with the submittal. Suspension or debarment may disqualify the Bidder from award of a contract.

2. CLARIFICATION OF TERMS/ADDENDA: If any Bidder has questions about the specifications or other solicitation documents, the Bidder shall contact the buyer whose name appears on the face of the solicitation no later than the due date and time posted on the cover page. Any revisions to the solicitation will be made only by addendum issued by the buyer and posted on the public posting board in Central Purchasing. Addenda shall also be posted on the Central Purchasing website at http://gloucesterva.gov/CentralPurchasing and on eVA, Virginia’s eProcurement Portal ( www.eva.virginia.gov). It is the Bidder’s sole responsibility to ensure they have obtained any and all addenda prior to submittal of their bid.

http://gloucesterva.gov/CentralPurchasing

3. AWARD:

a. Award will be made to the lowest responsive and responsible Bidder. The ability, capacity, skill, character, integrity, reputation, judgement, experience, efficiency, ability to perform within the time specified, quality of performance of previous contracts, financial resources, suitability of goods or services to particular purpose and future maintenance and service and any exceptions noted will be taken into consideration in making an award.

b. The County may request additional information and make reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall provide the County information and data for this purpose. The County may inspect physical facilities if deemed necessary. The results of investigations and inspections may result in rejection of the bid. In addition, the County reserves the right to conduct any test/inspection deemed necessary to assure goods and services conform to the specifications.

c. The County reserves the right to reject any and all bids in whole or in part, to waive any informality and to delete items before making an award. Bidders agree that decisions of the Purchasing Agent are final, and shall hold harmless the County, its departments, directors, employees, and consultants and others involved in solicitation and selection. The submission of a bid indicates acceptance of this condition.

d. In the event of an error or inconsistency between the unit price(s) and the extension of prices, the unit price(s) shall govern.

e. If the bid from the lowest responsive and responsible Bidder exceeds available funds, the Purchasing Agent or designee may negotiate with the apparent low Bidder to obtain a contract price within available funds.

f. Award will be based on net prices. Unit prices, extension and grand totals must be shown. However, the

Purchasing Agent reserves the right on multiple item procurements to make an award either in whole or in part, whichever is deemed in the best interest of Gloucester County.

g. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards.

4. GOVERNING LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and ordinances of the County of Gloucester, Virginia. Any litigation with respect thereto shall be brought in the courts of Gloucester County, Virginia. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations (§ 15.2-1235, Code of Virginia).

5. ANTI-DISCRIMINATION: By submitting their proposals, Bidders certify they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (§ 2.2-4343.1E, Code of Virginia).

In every contract over $10,000 the provisions in “a” and “b” below apply:

a. During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

b. The Contractor will include the provisions of the foregoing paragraphs 1, 2 and 3 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

6. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, Bidders certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or sub-contractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

7. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting their bid, Bidders certify that they do not and shall not during the performance of this contract, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended (§ 2.2-4311.1 Code of Virginia).

8. AUTHORIZATION TO TRANSACT BUSINESS IN VIRGINIA: All Bidders organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any Bidder 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, as amended, or as otherwise required by law shall include in the proposal a statement describing why the Bidder is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. (§ 2.2-4311.2 Code of Virginia). Visit https://www.scc.virginia.gov/ for more information.

9. SMALL, WOMEN-OWNED MINORITY AND SERVICE DISABLED VETERAN OWNED BUSINESS

REQUIREMENTS: The County of Gloucester desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals and service disabled veterans, and employment services organizations, and to encourage their participation in the County’s procurement activities. The County of Gloucester encourages these persons, entities and firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minority individuals and service-disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities.

10. DEBARMENT STATUS: By submitting their bids, Bidders certify that they are not currently debarred by the Commonwealth of Virginia or any government entity from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

11. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the County of

Gloucester all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the County of Gloucester under said contract.

https://www.scc.virginia.gov/

12. MANDATORY USE OF COUNTY FORMS AND TERMS AND CONDITIONS: Failure to submit a bid on the County document may be a cause for rejection. Modification of or additions to any portion of the solicitation may be cause for rejection of the bid; however, the Purchasing Agent reserves the right to decide, on a case by case basis, in his/her sole discretion, whether to reject the submittal or find it as nonresponsive. As a precondition of acceptance, the Purchasing Agent may, in his/her sole discretion, request the Bidder withdraw or modify nonresponsive portions of their submittal that do not affect quality, quantity, price, or delivery.

13. PAYMENT: A. Payment terms shall be Net 45 days unless otherwise stated by the bidder on this solicitation.

Alternative terms may be offered by the bidder for prompt payment of bills. B. Payment terms may be considered in determining the low bid. C. Discount period shall be computed from the date of proper receipt of the vendor’s correct invoice, or from the date of acceptable receipt of the goods/services, whichever is latest. D. The payment terms stated herein must appear on the vendor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the vendor for correction. E. Late payment charges shall not exceed the allowable rate specified by the Virginia Prompt Payment Act, (1% per month) (§ 2.2-4352, Code of Virginia).

14. METHOD OF PAYMENT: The Contractor will be paid on the basis of the invoice submitted to the Gloucester

County Finance Department after delivery and acceptance by the designated School and/or County representative.

To expedite disbursements to the Contractor, all payments will be made through a purchase charge card, with no additional fees applied, established by the County unless the County elects to pay the Contractor in a different manner. The submission of a proposal indicates the Contractor’s acceptance of this payment method. All payments will be made in accordance with the Code of Virginia’s Prompt Payment provisions. Code of Virginia §2.2-4347 & 2.2- 4352.

15. DRUG FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each sub-contractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

16. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available or which may hereafter become available “subject to appropriation” by the Board of Supervisors for the purpose of this agreement.

17. PRECEDENCE OF TERMS: The General Terms and Conditions shall apply in all instances. In the event of conflict between any of the General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply. In the event of a conflict between the contract documents, including these terms and conditions and the terms of a Purchase Order or related document issued by Central Purchasing, the contract documents shall control.

18. USE OF BRAND NAMES: Unless qualified by the provision “NO SUBSTITUTE”, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is required to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates that the item offered is an equal item, such bid will be considered to offer the desired brand name product.

19. LATE BIDS: To be considered for selection, bids must be received by Central Purchasing (or designated issuing office) by the designated date and hour. The official time used for the receipt of bids is that time on the automated stamp machine in the Central Purchasing Office. Bids received in Central Purchasing after the date and hour designated are non-responsive and will not be considered. The County/School Board is not responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or any inter-departmental mail distribution. It is the sole responsibility of the bidder to ensure that its bid reaches Central Purchasing by the designated date and hour.

If the County is closed for business at the time scheduled for a sealed bid opening, the bids will be accepted and opened on the next business day of the County, at the originally scheduled hour.

20. QUALIFICATION OF BIDDERS: The Purchasing Agent may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Purchasing Agent all such information and data for this purpose as may be requested. The County reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. The County reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Purchasing Agent further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Purchasing Agent that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

21. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are cancelled or rejected, the County reserves the right granted by § 22-32, Code of the County of Gloucester, Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the department whenever such low bid exceeds the using department's available funds. For the purpose of determining when such negotiations may take place, the term "available funds" shall mean those funds, which were budgeted by the Board for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The Purchasing Agent shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that negotiations are desired for a lower contract price.

22. WITHDRAWAL OF BID DUE TO ERROR: Bidders have the right to request withdrawal of their bids from consideration due to error by giving notice not later than two days after bids are publicly opened. Work papers showing evidence of error(s) are requested. Withdrawal may be approved by the Purchasing Agent if withdrawal meets all bid and code requirements. (§ 22-27, Code of the County of Gloucester, Virginia)

23. DELIVERY, TRANSPORTATION AND PACKAGING: Except when otherwise specified herein, all items shall be F.O.B. Destination to any point within the County of Gloucester, Virginia as directed by the ordering department. By submitting their bids, all bidders certify and warrant that the price offered for F.O.B. Destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers should be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

24. ADDITIONAL INFORMATION: The County reserves the right to ask any Bidder to submit information missing from its bid, to clarify its bid, and to submit additional information which the Purchasing Agent deems desirable. By submitting their offers, Bidders certify they understand these terms, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these terms constitutes a breach of contract.

25. SAMPLES OF ITEMS: If requested, samples of items shall be furnished by the Bidder without charge. Upon request, within sixty (60) days after the receipt of offers, the samples may be returned at the Bidder’s expense;

otherwise the samples may be destroyed or consumed.

26. AWARD NOTICES: Awards or Decisions to Award shall be posted on the public posting board in Central Purchasing, on the County website at http://gloucesterva.info/CentralPurchasing and on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

27. PROTEST OF AWARD OR DECISION TO AWARD: Any bidder who desires to protest the award or decision to award a contract shall submit such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final unless the Bidder appeals within ten (10) days by instituting legal action as provided in § 22-60 and § 22-64, Code of the County of Gloucester, Virginia.

28. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

29. MODIFICATION OF CONTRACT: Per § 22-14, Code of the County of Gloucester, Virginia, no contract or purchase order may be modified or changed by amendment, change order, or any other agreement without the prior approval of the Purchasing Agent or designee unless (i) such modifications, in the aggregate, do not increase the amount of the contract by more than twenty-five (25) percent of the original amount of the contract or fifty thousand dollars ($50,000), whichever is greater, (ii) such changes are the result of unforeseen circumstances or changed conditions encountered during the progress of the performance of the contract, and (iii) such changes are directly related to the performance of the contract. Extensions of time to perform a contract may be granted without prior approval of the Purchasing Agent or designee provided such extensions involve no increase in cost to the County. In no event shall the aggregate of all modifications increase the cost of the Contract beyond the appropriated project amount.

30. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Purchasing Agent, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

31. TAXES, FEES AND SURCHARGES: Sales to Gloucester County, Virginia are normally exempt from State sales tax. A State sales and use tax certificate of exemption (Form ST-12) will be issued upon request. Deliveries against this contract shall be free of federal excise and transportation taxes. The County’s Excise Tax Exemption Registration Number is 54-6001312. Additionally, no additional fees or surcharges may be passed to the County. This includes but is not limited to any type of fuel surcharge.

32. CANCELLATION OF CONTRACT: The Purchasing Agent reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty and without liability for goods or services which have not been delivered, provided, or ordered as of the date of notice of termination/cancellation, upon 30 days written notice to the Contractor. 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. Contractors may request cancellation of their contract, upon 60 days written notice to the County. The Contractor shall be responsible for delivering their goods or services during this period at the contracted price.

33. CONTRACTUAL DISPUTES: In accordance with § 22-63, Code of the County of Gloucester, Virginia, claims arising out of this contract, whether for money or other relief, may be submitted to the County of Gloucester, by submitting the claim in writing, with all necessary data and information to substantiate the claim attached, to the Purchasing Agent. The Purchasing Agent shall render his/her decision within thirty (30) days. The Contractor may then appeal the Purchasing Agent’s decision to the County Administrator, who shall render a final decision within forty-five (45) days.

34. COUNTY BUSINESS LICENSE: If applicable, the Contractor shall pay for and obtain a County Business License before commencing work. All sub-contractors doing over $25,000 in work shall likewise obtain a business license before commencing work. All Contractors must be licensed to do business within the Commonwealth of Virginia, as required by the Code of Virginia §§ 54.1-1117, 58.1-3714 thru 3715, 58.1-3703.1 and Code of the County of Gloucester, Virginia, Chapter 5, Article V §§ 5.61-5.63 and Chapter 10, Article I §10-8.

http://gloucesterva.info/CentralPurchasing

35. ORDERING OPTION: The County of Gloucester may, during the first 180 days after this contract is awarded, with the concurrence of the Contractor, place additional orders under the contract at the original unit price through the issuance of separate purchase orders. The aggregate of such additional orders shall not exceed 100% of the quantity originally stated in the contract, unless approved by the Purchasing Agent.

36. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the County, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the Contractor/any services of any kind or nature furnished by the Contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the Contractor on the materials, goods or equipment delivered.

37. INDEPENDENT CONTRACTOR: The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the County.

38. NON-EXCLUSIVE CONTRACT: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. The contract shall not restrict the County from acquiring similar, equal or like goods and/or services from other sources.

39. RECORDS AND INSPECTION: The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies and procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the County and its employees, agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the County. The County shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the County to the Contractor pursuant to this contract or any renewal or extension of this contract. The County’s employees, agents or authorized representatives shall have access to the Contractor’s facilities and all necessary records and be provided adequate and appropriate workspace in order to conduct audits.

40. ENTIRE AGREEMENT: The contract resulting from this solicitation and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto.

41. COOPERATIVE AGREEMENT: This solicitation is being conducted under the provisions of § 2.2-4304 of the

Code of Virginia, "Cooperative Procurement", as stated, a public body may purchase from another public body's contract even if it did not participate in the solicitation, if solicitation specified that the procurement was being conducted on behalf of the other public bodies. If authorized by the Contractor(s), the resultant contract(s) may be extended to any jurisdiction within the Commonwealth of Virginia to purchase at contract prices in accordance with contract terms. Any jurisdiction using such contract(s) shall place its own order(s) directly with the successful Contractor(s). The Central Purchasing Department of Gloucester County, Virginia, acts as the Contracting Agent and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Contractor's responsibility to notify the jurisdictions of the availability of contract(s). Bidders desiring to offer to other jurisdictions under this clause should so indicate in their response.

42. DEBRIEFING: All information regarding Bidders and bids shall remain confidential during the review process.

This information will only be available after an award or decision to award has been made. After an award is made, or the decision to make an award is made, the file, with documents and information required or allowed to be omitted by law removed therefrom, is available for review in the Central Purchasing Department which will constitute the debriefing. Bidders should make an appointment to review the file during normal business hours, 9:00 AM–4:00 PM Monday – Friday.

SECTION B

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM: The contract term for services under this contract shall be from date of award for one year. A

County issued Purchase Order shall serve as the Notice to Proceed.

2. INSPECTION OF JOB SITE: Contractor’s signature on this solicitation constitutes certification that they have inspected the job site and are 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 County.

3. MAINTENANCE MANUALS: The Contractor shall provide with each piece of equipment an operations and maintenance manual with wiring diagrams, parts list, and a copy of all warranties.

a. Operation and Maintenance Data: Contractor shall provide original manufacturer printed instructional manual for use by the owner. Each manual should be prepared specially for the price of equipment/project and include all pertinent instructions, as-built drawings, bills of materials, listing, technical bulletin and other printed materials required to provide fully accurate and comprehensive information for safe and proper operation, maintenance and repair of the equipment or system supplied for the project.

Each operation and maintenance manual should be bound in a durable, permanent, stiff cover binder of one or more volumes. Binders should be of the three-ring type or three-post type and not be overfilled. Manuals should be organized into sections or categories of information with a table of contents indicating the title of each section. Contents of manuals should include, complete detailed written operating instructions for each product including function; operating characteristics; limiting conditions; operating instructions for startup, normal and emergency conditions; regulations and control; operational troubleshooting; and shut down. Also include, as applicable, written descriptions of any alarms generated by the product and the proper response to such alarms.

Contractor shall provide complete detailed written preventive maintenance instructions including all information and instructions to keep the product properly lubricated, adjusted and maintained so that the item functions economically throughout its design life. Contractor shall also provide complete instructions for ordering of all replaceable parts including any reference numbers and provide complete electrical schematic and wiring diagrams.

Contractor shall submit said operational and maintenance manuals to Gloucester County within ninety (90) days and approved shop drawings for the product, if applicable.

4. WARRANTY (COMMERCIAL): The Contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the Contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the County by any other clause of this solicitation. A copy of this warranty should be furnished with the bid/proposal.

5. GRANTS: If any resulting contract is issued under a State/Federal Government Grant or contract/subcontract, it shall be subject to the clauses and conditions of that grant or contract/subcontract and all applicable federal regulations.

6. SUPREMACY CLAUSE: Notwithstanding any provision in the Bidder’s response to the contrary, the Bidder agrees that the terms and conditions contained in the County’s solicitation shall prevail over contrary terms and/or conditions contained in the Bidder’s response.

7. EQUIPMENT: Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the proposal. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.

8. CONTINUITY OF SERVICES: The services rendered in the contract resulting from this IFB are vital to County and must be continued without interruption. At contract expiration, the Contractor shall provide best efforts and cooperation to facilitate an efficient and effective transition to a successor, whether County or other Contractor, at no additional cost to the County.

9. QUANTITIES: The quantities stated are estimated quantities to be ordered and are provided as a general guide for submitting proposals and are not guaranteed quantities to be ordered. Actual quantities purchased may be more or less than those specified. Upon mutual agreement, the County reserves the right to purchase additional quantities of goods or services at the contract price within six months of the date of initial award.

Section C: Federal Provisions

Appendix A

FEMA Required Clauses 2 CFR § 200.326 and 2 CFR Part 200, Appendix II

Non-Discrimination:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in the work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant order of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Davis Bacon Act and Copeland Anti-Kickback Act.

a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

b. All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II, ¶ D.

c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.

d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA.

f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti-Kickback Act.” However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause:

Compliance with the Copeland “Anti-Kickback” Act.

(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40

U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.” Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the…