IFB 24033-JT Cab and Chassis with Stake Body.pdf

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INVITATION FOR BID

City of Suffolk

IFB #24033-JT

September 8, 2023

Purchasing Division 442 W. Washington Street, Room 1086

Suffolk, VA 23434 Phone: (757) 514-7520 Fax: (757) 514-7524

Cab and Chassis with Stake Body

Scope of Work: The intent of this Invitation for Bid is to purchase one (1) 2WD cab and chassis, Ford F-350 XLT crew cab with dual rear wheels complete with stake utility body, Knapheide PVMXT-95, or approved equal be used by the Department of Public Works’ Traffic Engineering Division.

Bid Due: 3:00 p.m., October 10, 2023

Contract Officer: ________Julie Turner________________ Julie Turner, Senior Buyer, jeturner@suffolkva.us

The Senior Buyer, Julie Turner is the Contract Officer for the City of Suffolk with respect to this IFB. All questions and/or comments should be directed to her at this email address: jeturner@suffolkva.us. The respondents to this IFB shall not contact, either directly or indirectly, any other employee or agent of the City regarding this IFB. This prohibition shall also extend to the Suffolk City Council and other elected City officials. Any such unauthorized contact may disqualify the bidder from the procurement. All questions concerning bid must be in writing and received five (5) business days prior to the bid opening.

Sealed bids subject to the conditions and instructions contained herein, will be received at the office of the Purchasing Agent listed above, until the time and date shown above (local prevailing time), for furnishing the items or services described in the bid. Bids will NOT be accepted through eVA.

Bidder should submit the entire IFB as their bid package.

Firm :

Address:

City / State / Zip:

Telephone: FAX No.:

E-mail:

Print Name: Title:

Signature: Date:

mailto:jeturner@suffolkva.us mailto:jeturner@suffolkva.us

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In compliance with this Invitation for Bid (IFB), and subject to all the conditions thereof, the signatory offers, if this bid is accepted within ninety (90) calendar days from the date of the opening, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The above signature certifies the bidder has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of firm named above.

IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN

ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS

SOON AS POSSIBLE.

BID OPENING

Bids shall be publicly opened and read aloud on the date that the bids are accepted. Public opening will be held on October 10, 2023 at 3:00 PM (local prevailing time), in the City of Suffolk City Hall, Purchasing Conference Room, located at 442 W. Washington Street, Suffolk, VA 23434-5237.

SUBMITTALS

Bidder should submit the entire IFB as their bid package.

Bids will not be accepted through EVA.

How did you find out about this solicitation? (Please circle) eVA Demand Star Suffolk Website Other_________________

(please list)

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INVITATION FOR BID

Cab and Chassis with Stake Body

Table of Contents

SECTION/TITLE

PURPOSE .......................................................................................................................... - 4 - COMPETITION INTENDED ................................................................................................ - 4 - SPECIFICATIONS ............................................................................................................... - 4 - ADDITIONAL INSTRUCTIONS ......................................................................................... - 12 - CONTRACT TERMS AND CONDITIONS ......................................................................... - 17 - BID FORM ........................................................................................................................ - 24 -

ANTICOLLUSION/NONDISCRIMINATION/DRUG FREE WORKPLACE CLAUSES ........ - 27 -

PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA ................................ - 28 - EXCEPTION PAGE .......................................................................................................... - 29 - INSURANCE REQUIREMENTS ....................................................................................... - 30 -

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PURPOSE

The intent of this Invitation for Bid is to purchase one (1) 2024 2WD Cab and Chassis (Ford F-350 XL or approved equal) crew cab and dual rear wheels complete with truck-mounted platform/stake body (Knapheide PVMXT-95 or approved equal) to be used by the Department of Public Works’ Traffic Engineering Division.

COMPETITION INTENDED

It is the City’s intent that this Invitation for Bid (IFB) permits competition. It shall be the bidder’s responsibility to advise the Purchasing Agent in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Purchasing Agent not later than five (5) business days prior to the date set for bids to close.

SPECIFICATIONS

A. General

Specifications below describe a cab and chassis complete with stake body described herein.

All parts not specifically mentioned, which are necessary to provide a complete operating unit, shall be included in the bid and shall conform in strength and quality of materials and workmanship to what is normally provided to the trade in general. It is not the intent of the City for these specifications to be proprietary;

equals will be evaluated in accordance with comparable quality, construction, strength, durability, and suitability for the purpose intended. The City, in its sole opinion, will determine whether the unit offered is equal to that specified herein.

All items shall be supplied, installed and delivered by a single source. The successful bidder shall supply drawings and detailed component list for all items included in the following specification. All warranties will be stated in writing with the bid proposal. Any exceptions to the specification should be clearly stated in writing on COMPLIANCE SHEETS and spelled out in detail to exceptions and/or alternate proposals. Each unit shall comply with all State and Federal codes and regulations. The successful bidder shall supply final certification of maximum gross vehicle weight rating. All body material shall include mil certification. All component installation for cab, chassis and body shall conform to the latest recommendations, procedures and regulations of the following organizations:

ASME, ASTM. AISI, API, AWS, DOT, FPS, ICC, ISO, JIC, MSS, NFPA, NEMA,

NTEA, OSHA, SAE, TTMA, and USASI. The use of any of the following items or practices will not be accepted.

• Nonsteel fittings on hydraulic pressure lines

• Excessive use of elbows on hydraulic lines

• Use of thread tape on hydraulic fittings

• Use of galvanized fittings or components on hydraulic system

• Improper hydraulic line size

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• Use of high pressure hose for hydraulic suction line

• Scotchlok type wire splices

• Noninsulated wire splices

• Improper hose or wire routing near exhaust, over sharp edges or through holes without grommets

• Unfinished or sharp edges

• Improperly prepared, primed and painted surfaces

• Nonfused electric circuits. Hydraulic circuits without pressure relief protection

All hydraulic hoses and wiring shall be securely clamped at approximately 18" intervals, shielded from exhaust, and include a protective sleeve where necessary to prevent damage and or failure. All hoses shall have JIC swivel connections at each end and be located in such a manner to aid in easy component replacement. All systems shall be thoroughly tested and tuned before delivery.

The successful bidder will be required to provide complete wiring and plumbing diagrams.

Two (2) each owner’s manuals will be provided. A separate Parts and Maintenance manual (can be a CD or flash drive) will also be provided upon delivery of the unit.

The bidder shall indicate below his compliance with a “Yes” or noncompliance with a “No” for each line item specification. Any deviations from the specification, or where submitted literature does not fully support the meeting of the specification, should be clearly cited in writing on the EXCEPTIONS PAGE (Page 29). Submit Specifications Compliance Sheets (Pages 6-11) and Exceptions Page with the BID FORM.

It is not the intent of the City for these specifications to be proprietary; equals will be evaluated in accordance with comparable quality, construction, strength, durability, and suitability for the purpose intended. The City, in its sole opinion, will determine whether the unit offered is equal to that specified herein.

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B. Cab and Chassis Specifications

SPECIFICATIONS

COMPLY

YES

COMPLY

NO

2024 Ford F-350 Chassis XL, or approved equal

Crew Cab

Dual rear wheel

Wheelbase – approximately 179”. Actual dimension will depend upon body length.

Cab to Axle – approximately 60”

Rear Wheel Drive, 2WD

Engine: 7.3L 2V DEVCT NA PFI V8 Gas Engine

3.73 Non-Limited Slip Axle Ratio

Trailer Brake Controller

Steering Wheel Audio Controls

Front seats: Vinyl 40/20/40 split-bench seats with center arm rest, and under seat storage

Rear seats: Vinyl 60/40 bench with flip-up/fold-down with three head restraints (left, right, and center)

Seats – Front, manual lumbar support, driver side

AM/FM Stereo w/Digital Clock, and 6 speakers

All-weather floor mats

Air conditioning and high output heater

Instrument Cluster – multifunction message plus trip computer

Instrument Panel

Instrumentation with tachometer and Message Center

Map lights

Power Equipment – accessory delay

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Power point – auxiliary, 1 in front center under storage

Power point – auxiliary, 1 in second row under seat storage

Rear view mirror

Cruise control

Sun visors

Tilt/telescoping steering wheel

Upfitter switches located on instrument panel (4)

Windshield wipers w/interval control

EXTERIOR FEATURES:

Bumpers, front and rear – Black painted steel with front grained top cover and black lower air dam

Exterior backup alarm

Extra Heavy Duty Alternator

Splash guards/mud flaps

Stainless steel wheel covers – front and rear

Manual telescoping trailer tow mirrors

6” angular black molded-in-color running board

17” Argent painted steel wheels

LT245/75Rx17E BSW A/S tires (6)

Color: White

Grille – Black

Headlamps – dual beam halogen

Roof clearance lights

Tow hooks – (2) front, black

Glass – rear, privacy

Glass – solar tinted

Window – rear, fixed

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POWER AND HANDLING:

Transmission: 10 Speed, or approved equal, automatic transmission

Axle – Mono-beam front axle with coil spring suspension

Brakes – 4-wheel power disc brakes with Anti-Lock Brake System (ABS); vacuum boost (SRW)

Shock absorbers – heavy duty gas

Stabilizer bar – front

Steering – power

Steering damper

Integrated trailer brake controller

SAFETY:

Airbags – front seat side

Airbags – Safety Canopy System with roll-fold side-curtain airbags

Belt-Minder – Chime and flashing warning light on instrument cluster if belts are not buckled

SOS Post Crash Alert System

Seatbelts: Safety Yellow/Orange in color

Remote keyless entry and perimeter anti-theft alarm

SecuriLock, or approved equal, anti-theft ignition

C. Utility Body Specifications

SPECIFICATIONS COMPLY

YES

COMPLY

NO

Body to be installed on cab and chassis

Utility body to be Knapheide Value-Master-X, Model # PVMXT- 95, or approved equal

Width: approximately 95.75”

Length: approximately 9’3”

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Cab to Axle: 60” or as needed to fit chassis

Flooring: 1/8” treadplate

Side rails and end rails are constructed of formed 12 gauge high strength steel (50,000 psi)

Structural long sills with gusseted cross members – 5”

Formed 11 gauge high strength (50,000 psi) cross members are spaced on 18” centers

Reinforced, internal stake pockets to accept 28” stake racks

Steel stake racks – 28” height, quiet latch

Light kit: includes 2 red rear clearance lights, 2 red rear side marker lights, 3 red RID lights, 2 amber front clearance lights, and wire harness

All clearance and Marker lights must meet FMVSS 108 requirements

Whelen Highlighter LED (or approved equal) Amber in color to be mounted on top center of bulkhead with 4” riser. Lightbar shall be wired into first upfitter switch. Switch shall be labeled to signify function.

Bulkhead: Rectangular, heavy duty, reinforced, weld-on style with punched window, (BHR Series or approved equal).

Bulkhead material will be 11 gauge with 11 gauge vertical out er post and 3” structural channel inner post.

Cargo D-Ring Tie-Downs, swivel style, rated at 2,000 lbs. Tie-downs have a 3.25” diameter.

Receiver hitch to include under ride protection

Liftgate: Liftgate to have fully enclosed dual hydraulic cylinders, maintenance-free components, and recessed control. It will be constructed of one-piece aluminum with 37” loading depth and 6” taper, Tommy Gate G2 Series, Model EA41 or approved equal. 1600# Capacity

Water based undercoating on underside of platform

Durable oven-cured high gloss black finish top coat

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D. Delivery and Documentation

NO

The completed unit (cab, chassis, and body) shall be delivered to the Fleet Management facility, 120 Forest Glen Dr., Suffolk, VA completely assembled, serviced, and ready to operate.

The Contractor shall have a qualified service representative in attendance with the unit during start-up operation to make any adjustments and give instructions to assure proper operation of the equipment.

Unit shall be delivered with valid Virginia 30-day tags.

Unit shall be delivered with current Virginia State inspection.

Unit shall be delivered with Manufacturer’s Statement of Origin

(MSO).

Two (2) “Owner’s Manuals” will be provided

One (1) “Parts and Maintenance Manual” or CD will be provided.

Original invoice shall be supplied upon delivery.

E. Warranties

NO

CHASSIS WARRANTY: Vehicle chassis shall be covered by the warranty provided by the chassis manufacturer and shall be at least 36 months or 36,000 miles, whichever occurs first.

MANUFACTURER’S PASS-THROUGH WARRANTY: The manufacturer shall extend any additional warranty on any component of the vehicle, in the form of time and/or mileage, including any pro-rata arrangement, which may be provided by the supplier of the component. All equipment and components installed on the vehicle or purchased with the vehicle shall be covered by the warranty of the manufacturer of such equipment or components.

WARRANTY ACTIVATION: a Delayed Warranty shall begin when the vehicle is actually placed into service by the City.

The Contractor will be contacted once the vehicle has been employed.

REPAIR PARTS AND SERVICE: The manufacturer shall be able to furnish replacement parts or furnish service by

- 11 -providing a list of agencies where a stock of repair parts is available and can be secured in a reasonable time after ordering from the manufacturer.

WARRANTY REPAIR WORK: All Work performed by the Contractor, to include parts and labor, shall be warranted for a period of at least one (1) year, commencing upon the date the completed vehicle is placed into service.

Work performed by the Contractor shall not void any manufacturer’s warranty on a vehicle or equipment

All warranty correction action must be initiated with 48 hours after notification by the City.

The Contractor shall assess the damage and provide a time line for repair. If warranty response is improper or inadequate, the City will have the unit repaired locally. All costs incurred will be billed to the Contractor; the Contractor will reimburse the City for the cost of the repairs within ten (10) working days from the repair.

Contractor shall operate a factory authorized service and warranty facility within 100 miles of the City’s Fleet Management Facility.

The Contractor is responsible for transporting unit for all warranty repairs outside of the 100 miles radius.

Warranty facilities will have serviced said equipment for a minimum of five (5) years as the factory’s authorized service center.

Bid Evaluation and Award

If awarded, the bid shall be awarded to the lowest responsive and responsible bidder. In determining the responsible bidder, the following factors shall be considered:

• Ability, capability, and skill of the bidder to perform the contract within the time frame(s) specified.

• The character, integrity, reputation, judgment, experience and efficiency of the bidder.

• The quality of performance of previous contracts.

• The financial resources and ability of the bidder to perform the contract.

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ADDITIONAL INSTRUCTIONS

1. Use of Form: All bids shall be submitted on and in accordance with this form. If more space is required to furnish a description of the goods and/or services bid, or delivery terms, the bidder may attach a letter hereto that will be made a part of the bid. In case of conflict, the bid may be considered non-responsive. The City’s published specifications for this IFB shall supersede any additional writings submitted with the bid. Such writings shall be clearly marked and noted as an exception.

2. Submittals: All bids shall be submitted sealed, plainly marked showing the bid number, date and time. The entire solicitation document is to be returned when submitting a bid unless otherwise directed by the bid document. Failure to return all pages may result in a determination that the submittal is non-responsive.

3. Late Bids: Bids and amendments thereto, if received by the City’s Purchasing Division (“Purchasing”) after the date and time specified for bid opening, will not be considered. It will be the responsibility of the bidder to see that their bid is received by Purchasing as specified. There will be no exceptions. Date of postmark will not be considered.

Telephone, facsimile, electronic and verbal bids will not be accepted. Prices or changes shown on the outside of an envelope will not be considered in determination of low bid.

4. City Hall Closure: If City Hall is closed for business at the time scheduled for the bid opening, for whatever reasons, sealed bids will be accepted and opened on the next business day of the City, at the original scheduled hour.

5. Competition Intended: It is the City’s intent that the Invitation for Bid (IFB) permits competition. It shall be the bidder’s responsibility to advise the Contract Officer in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in the IFB to a single source. Such notifications must be received by the Contract Officer five (5) days prior to the date set for the bids to close.

6. Contract Quantities: The quantities specified in the Invitation for Bid are estimates only unless otherwise clearly noted, 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 required, since such volume will depend upon requirements that may develop during the contract period. Quantities shown shall not be construed to represent any amount which the City shall be obligated to purchase under the contract, or relieve the bidder of his obligation to fill all orders placed by the City, except as clearly noted.

7. Delivery: The time of delivery must be stated in definite terms. If time of delivery for different goods and/or services varies, the bidder shall so state.

8. Faith-based Organizations: The City of Suffolk does not discriminate against faith-based organizations.

9. Bidder Qualifications: Only bids from established Bidders for work similar in scope to work herein shall be considered; the City reserves the right to request specific reference information prior to award. Bidder shall demonstrate that he has adequate and appropriate manpower, tools and equipment to respond and perform in accordance with the provisions herein. The City may, at its option, disqualify a bidder and reject his bid for

- 13 -cause. Reasons deemed to be sufficient for this action shall include, but not be limited to, the following:

Evidence of collusion among bidders.

Receipt of more than one bid on any project from an individual, or from a corporation. This restriction does not apply to subcontractors.

Default on any previous contract.

For unreasonable failure to complete a previous contract within the specified time or for being in arrears on an existing contract without reasonable cause for being in arrears.

Inability to perform as revealed by an investigation of the Bidder's financial statement, experience and/or plant and equipment.

Bidder does not meet project-specific requirements, as identified in the Contract Documents

10. Pricing to be F.O.B. Destination – Freight Allowed: Pricing shall be F.O.B.

destination-freight included for all competitive bids. F.O.B. Destination-Freight Included shall include all shipping costs to the City location(s) at the unit cost. No additional shipping charges shall be allowed.

11. Samples: Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, will be returned at the bidder’s risk and expense.

12. Silence of Specifications: The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

13. Capacity of Bidder: All bids must be signed by a responsible officer or employee having the authority to bind the firm in contract. The bidder agrees that its contract performance shall be in strict conformance with the contract documents.

14. Rights to Damages: By signing this bid, the bidder assigns to the City any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to this bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the City.

15. Anti-collusion: The bidder certifies by signing this Invitation of Bid that this bid is made without prior understanding, agreement, or accord with any other person or firm submitting a bid for the same goods and/or services and that this bid is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. Any false statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as civil damages.

16. Contact Prohibition: Direct contact with City departments other than Purchasing, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the Contract Officer. Violation may result in a determination that your firm is ineligible for an award.

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All questions shall be in writing to the Contract Officer shown on the title page of the bid.

The respondents to this IFB shall not contact, either directly or indirectly, any other employee or agent of the City regarding this IFB. This prohibition shall also extend to the Suffolk City Council and locally elected officials. Any such unauthorized contact may disqualify the bidder from this procurement.

17. Debarment Status: By submitting a bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or 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.

18. Ethics in Procurement: Bidders, Offerors, Contractors or Consultants must provide written disclosure with their bid or proposal if one of its officers, directors, trustees, partners, employees or lenders is an employee or an immediate family member (as defined by §2.2-4368 of the Virginia Public Procurement Act) of the City who is involved personally or substantially participates in this procurement transaction or owns or controls an interest of more than three percent (3%) of the company or received more than $5,000 annually from the Bidder, Offeror, Contractor, or Consultant.

19. Addenda: If issued, addenda to this solicitation will be posted on the Purchasing website https://www.suffolkva.us/Bids.aspx?CatID=17 It is the bidder’s responsibility to check the website or contact Purchasing prior to the submittal deadline to ensure that the bidder has a complete, up-to-date package. Acknowledgement of all issued addenda shall be indicated on the bid form in the appropriate spaces. Failure to acknowledge all addenda will result in bid being non-responsive.

20. Withdrawal of Bids: Bidder has the right to request withdrawal of their bids from consideration due to error by giving notice not later than two business days after the bids are publicly opened. Work papers showing evidence of error(s) may be required.

Bids may be withdrawn any time prior to the bid opening. Withdrawal of bids may be accomplished by submitting such request in writing on the issuing company's letterhead either in person, electronically, or by certified mail.

21. Award: Award will be made to the lowest responsive and responsible bidder based on the Total Bid Amount. The quality of the goods and/or services to be supplied, their conformity with the specifications, their suitability to the requirements, the delivery, qualifications and references will be taken into consideration in making the award. The City reserves the right to refuse all bids. Determination of low bid shall be determined by the audited figure shown on the pricing page titled ‘Total Bid Amount’. In case of error in the extension of prices, the unit price shall govern.

22. Announcements: Upon the award or the announcement of the decision to award a contract, the City will publicly post such notice on the bulletin board located outside of the Purchasing Division and on the City’s web site:

https://www.suffolkva.us/Bids.aspx?CatID=17

23. Offer/Acceptance: Each bid is received with the understanding that the acceptance in writing by the City of the bidder to furnish any or all of the goods and/or services described therein, shall constitute a contract between the bidder and the City, which shall bind the bidder to furnish and deliver the goods and/or services quoted at the prices stated and in accordance with the conditions of the accepted bid; and the City on

- 15 -its part to order from such bidder, except for causes beyond reasonable control; and pay for, at the agreed prices, all goods and/or services specified and delivered.

24. Acceptance of Bid: Receipt of the bid by the City is not to be construed as an award or an order to ship.

25. City’s Rights: The City reserves the right to reject any and all bids, and to waive any informality if it is determined to be in the best interest of the City.

26. Appeals Procedure: Upon bidder’s request, administrative appeals information will be provided that shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determination of non-responsibility and appeals from decision or disputes arising during the performance of a contract. To be timely all appeals shall be made within the time periods set forth by the Virginia Public Procurement Act, §2.2-4357, et seq. Contact the Contract Officer at once for assistance.

27. Additional Conditions: The Conditions and Instructions in this solicitation are intended to apply to the resulting contract and shall supersede any conflicting terms offered. Any additional conditions a bidder intends be considered must be submitted with the bid and noted as an exception. Such exceptions may result in a finding that the submittal is ‘non-responsive’ to the bid, negating possibility of an award to that bidder. Contractual documents submitted by the successful firm after an award will not be accepted.

28. Conflict: In the event of a conflict between the contract documents, including these

Conditions and Instructions, and the terms of a purchase order or related document issued by Purchasing, the contract documents shall control.

29. Precedence of Documents: In interpreting this Invitation for Bid (IFB) and resolving any ambiguities between the main body of the IFB and any supplemental documents or appendices, the main body of the IFB shall take precedence over any supplemental documents.

30. Governing Document: The solicitation document maintained by Purchasing, in the bid file, shall be considered the official copy. In the case of any inconsistency between bid documents submitted to the City, but not clearly listed as an exception, the language of the official copy shall prevail. Furthermore, any exception or change to the specifications made by the bidder may be cause to disqualify your bid.

31. Negotiation: Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the City may negotiate with the apparent low bidder to obtain a contract price within the available funds.

32. Cooperative Agreements: If authorized by the bidder(s), the resultant contract(s) may be extended to any jurisdiction within the Commonwealth of Virginia to purchase at the contract prices in accordance with the contract terms. Any jurisdiction using such contracts shall place its own order(s) directly with the successful bidder(s). The City of Suffolk acts only as the contracting agent and is not responsible for placement of orders, payment, or discrepancies of the participating jurisdictions. It is the bidder’s responsibility to notify the jurisdictions of the availability of contract(s).

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33. Prices: Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the City, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the City. In case of error in the extension of prices, the unit price shall govern.

34. Corrections: All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated by the person signing the bid.

35. Brand Names: The use of the name of a manufacturer, brand, make or catalog designation in specifying an item shall restrict bidders to the manufacturer, brand, make or catalog designation identified, unless qualified by the provision “or approved equal”. If qualified by the provision “or approved equal” the Brand Names are used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting bids on goods and/or services other than as specified, bidder shall furnish complete data and identification with respect to the alternate goods and/or services that they propose to furnish. It shall be in the City’s sole judgment if a substitute product offered is an approved equal and acceptable.

36. Standard Equipment: Any equipment delivered must be standard, new and unused equipment, latest model, except as otherwise specifically stated in the bid. 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.

37. Anti-Discrimination: By submitting their bids, bidders certify to the City that 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, sexual orientation, gender identity, 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. (Code of Virginia 2.2.4343.1(E)).

In every contract over $10,000 shall include the following provisions:

1. During the performance of this contract, the bidder agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans 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

- 17 -applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. 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.

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

2. The Contractor will include the provisions of Section a, b, and c above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

CONTRACT TERMS AND CONDITIONS

1. Alien Employment: The Contractor certifies that he does not and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ unauthorized aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended.

2. Availability of Funds: A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The City’s extended obligations on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the following years.

3. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the City.

4. Changes and Additions: It shall be the responsibility of the Contractor to notify the

EDA, in writing, of any necessary modifications or additions in the Scope of this Contract. Compensation for changes or additions in the Scope of this Contract will be negotiated and approved by the EDA, in writing.

It is understood and agreed to by both the EDA and the Contractor that such modifications or additions to this Contract shall be made only by the full execution of the EDA’s standard Contract Change Order Form. Furthermore, it is understood and agreed by both parties that any work done by the Contractor on such modification or addition to this Contract prior to the EDA’s execution of its standard Agreement change order form shall be at the total risk of the Contractor and said work may not be compensated by the

EDA.

5. Contractor’s Form: In cases where the City may accept the Contractor’s form agreement, whereas certain standard clauses that may appear in the Contractor’s form agreement cannot be accepted by the City, and in consideration of the convenience of using that form, and this form, without the necessity of negotiating a separate contract document, the parties hereto specifically agree that, notwithstanding any provisions appearing in the attached Contractor’s form agreement, the City’s contract addendum shall prevail over the terms of the Contractor’s agreement in the event of a conflict.

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6. Conflicts of Interests: Contractor shall not accept or receive commissions or other payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the City.

7. Contractor Failure to Perform: Failure of the Contractor to perform the contract by reason of the City/EDA’s non-acceptance of additional conditions submitted after the award shall result in termination of the contract by the City/EDA, and may result in debarment of the Contractor for a period of up to three (3) years. Termination and /or debarment of the Contractor shall not constitute a waiver by the City/EDA of any other rights or remedies available to the City/EDA by law or contract.

8. Contractual Disputes: Bidder, Offeror, Contractor or Consultant agree all contractual disputes will be conducted in accordance with provision §2.2-4363 of the Virginia Public Procurement Act.

9. Copyright Protection: The Contractor agrees to defend and save the City, its agents, officials, and employees, harmless from liability of any nature or kind, for use of any copyright, composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, or which the Contractor is not the patentee, assignee, or licensee, to the same extent as provided in the above paragraph.

10. Default: In event of default by the Contractor, the City/EDA reserves the right to procure the goods and/or services from other sources, and hold the Contractor liable for any excess cost occasioned thereby. Such actions taken by the City/EDA shall not release the Contractor from additional remedies that may be allowed by law.

11. Drug-Free Workplace: During the performance of this contract, the Contractor agrees to (1) provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place, 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; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (4) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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.

12. Entire Agreement: This contract 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.

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13. Exemption from Taxes: The City is exempt from state sales tax and federal excise tax.

A tax exempt certificate indicating the City’s tax exempt status will be furnished by the City upon request.

14. Governing Law: This Contract is made, entered into, and shall be performed in the City of Suffolk, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflict of law rules. In the event of litigation concerning this Contract, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of the City of Suffolk, Virginia; however, in the event that the federal court has jurisdiction over the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, Norfolk Division.

The Contractor shall not cause a delay in services because of the pending or during litigation proceedings, except with the express, written consent of the City or written instruction/order from the Court.

15. Indemnification: Contractor shall defend and indemnify the City, and the City’s employees, agents, and volunteers, from and against any and all damage claim, liability, cost, or expense (including, without limitation, attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the Contractor, its employees, agents, and volunteers, or incurred by or claimed against the City, the City’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the Contractor. This indemnification includes, but is not limited to, any financial or other loss, including, but not limited to, any adverse regulatory, agency or administrative sanction or civil penalties, incurred by the City due to the negligent, fraudulent or criminal acts of the Contractor or any of the Contractor’s officers, shareholders, employees, agents, consultants, sub-consultants, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.

16. 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 City.

17. Payment Terms: Payment terms shall be ‘Net 45’ days, from the date of Contractor invoice approval by the City.

Payment terms, if offered, shall not be considered in determining the low bidder.

Discount period, if offered, shall be computed from the date of proper receipt of the Contractor’s correct invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

The payment terms stated herein must appear on the Contractor’s invoice. Failure to comply with this requirement shall result in the invoice being returned to the Contractor for correction.

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Late payment charges shall not exceed the allowable rate specified by the Commonwealth of Virginia Prompt Payment Act. (1% per month)

Contractor shall submit invoices in duplicate, such statement to include detailed breakdown of all charges, and shall be based on completion of tasks or deliverables.

Individual Contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification number on their submittal.

18. Laws, Regulations: The Contractor shall keep fully informed of all federal, state, and local laws, ordinances and regulations that in any manner affect the conduct of the work.

The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.

19. Contractor’s License: If any of the services promulgated under this solicitation consist of construction work, it is required under Title 54.1, Chapter 11, Code of Virginia, for a Contractor who performs or manages construction, removal, repair, or improvement when the total value referred to in a single contract or project is:

One hundred twenty thousand dollars ($120,000) or more, or the total value of all such construction, removal, repair or improvements undertaken by such person within any twelve-month period is seven hundred fifty thousand dollars ($ 750,000) or more shall show evidence of being licensed as a Class A Contractor.

Ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000) or the total value of all such construction, removal, repair, or improvement undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000) shall show evidence of being licensed as a Class B Contractor.

Over one thousand ($1,000) but less than ten thousand ($10,000), or the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) shall show evidence of being licensed as a Class C Contractor.

The City shall require master certification as a condition of licensure or certification of electrical, plumbing and heating, ventilation and air conditions Contractors.

A valid business license from the City may be required. The contractor shall complete whichever of the following notations is appropriate:

“Licensed Class A Virginia Contractor Number .”

“Licensed Class B Virginia Contractor Number .”

“Licensed Class C Virginia Contractor Number .”

20. License Requirement: All firms doing business in the City of Suffolk are required to be licensed in accordance with the City of Suffolk business license ordinance. Wholesale and retail merchants without a business location in the City of Suffolk are exempt from

- 21 -this requirement. Any questions concerning business licenses should be directed to the Commissioner of the Revenue’s Office, (757) 514-4260 or email comrev@suffolkva.us

21. Payments to Subcontractors: Within seven (7) days after receipt of amounts paid by the City for work performed by a subcontractor under this contract, the Contractor shall either:

a. Pay the subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor under this contract; or

b. Notify the City and Subcontractor, in writing, of his intention to withhold all or a portion of the subcontractor’s payment and reason for non-payment.

The Contractor shall pay interest to the Subcontractor on all amounts owed that remain unpaid beyond the seven (7) day period except for amounts withheld as allowed in Item

b. above.

Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent (1%) per month.

The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier subcontractor.

The Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the provision my not be construed to be an obligation to the City.

22. Records and Inspection: The Contractor shall maintain full and accurate records with respect to all matters covered under the contract, including, without limitation, accounting records, written policies, 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 City and its employees, agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the City. The City 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 City to the Contractor pursuant to this contract or any renewal or extension of the contract. The City’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records and shall be provided adequate and appropriate work space, in order to conduct audits.

23. Responsibility of Contractor: The Contractor shall, without additional costs or fee to the City, correct or revise any errors or deficiencies in his performance. Neither the City’s review, approval, acceptance of, or payment for any of the services required under this Agreement shall be deemed a waiver of rights by the City, and the Contractor shall remain liable to the City for all costs which are incurred by the City as a result of the Contractor’s negligent performance of any of the services furnished under this Agreement.

24. Rights and Remedies Not Waived: In no event shall the making by the City of any payment to the Contractor, or the waiver by the City of any provision under this contract mailto:comrev@suffolkva.us

- 22 -including any obligation of the Contractor, constitute or be construed as a waiver by the City of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the City while any such breach or default exists shall not impair or prejudice any right or remedies available to the City.

25. Safety: All Contractors and sub-contractors performing services for the City are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and City Safety and Occupational Health Standards and any other applicable rules and regulations.