ITB # 2024-025 Kiwanis Ballpark Wall Padding Project.pdf

CITY OF SALEM

PURCHASING DEPARTMENT

114 NORTH BROAD STREET

P.O. BOX 869

SALEM, VA 24153

PHONE (540) 375-3063 FAX (540) 375-4057

DATE: JANUARY 8, 2024

BIDS WILL BE RECEIVED BY THE CITY OF SALEM IN THE PURCHASING DEPARTMENT, LOCATED AT 114 NORTH BROAD STREET, P.O. BOX 869, SALEM, VIRGINIA 24153. ANY QUESTIONS CONCERNING THIS INVITATION TO BID (ITB) SHOULD BE DIRECTED TO MICHELLE BRAXTON, PURCHASING MANAGER AT

(540) 375-3063 OR BY EMAIL AT LMBRAXTON@SALEMVA.GOV.

INVITATION TO BID #: 2024-025

BID DESCRIPTION: KIWANIS BALLPARK WALL PADDING PROJECT

DATE AND TIME BID DUE: JANUARY 31, 2024 AT 3:00 P.M.

TO BE CONSIDERED, RETURN ONE (1) ORIGINAL AND TWO (2) COPIES, IN A SEALED ENVELOPE, CLEARLY MARKED “ATTN:

PURCHASING DEPARTMENT - ITB # 2024-025 – KIWANIS BALLPARK WALL PADDING PROJECT” WITH YOUR COMPANY NAME AND THE

DATE/TIME BID IS DUE. ANY BID RECEIVED AFTER THE ABOVE DATE AND TIME FOR SUBMITTAL, WHETHER BY MAIL OR OTHERWISE, WILL

BE REJECTED AND SUCH BID SHALL BE RETURNED TO THE BIDDER UNOPENED. FAXED OR EMAILED BIDS ARE NOT ACCEPTABLE.

AWARD WILL BE MADE IN THE BEST INTEREST OF THE CITY OF SALEM, THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS, TO WAIVE INFORMALITIES, AND TO PURCHASE ANY PART OF, OR THE WHOLE OF, THE ITEMS AND/OR SERVICES LISTED IN THIS INVITATION TO BID.

NO BID MAY BE WITHDRAWN AFTER OPENING EXCEPT FOR CLERICAL ERRORS, AS SET FORTH IN SECTION 2.2-4330 OF THE VIRGINIA CODE. BIDDER MUST

GIVE THE CITY A NOTICE IN WRITING OF THE REQUEST TO WITHDRAW A BID WITHIN TWO (2) BUSINESS DAYS AFTER THE CONCLUSION OF THE BID OPENING.

ALL BIDS SHALL BE F.O.B. SALEM, VIRGINIA, AND SHALL INCLUDE THE EARLIEST DELIVERY DATE.

THE CITY OF SALEM WILL FURNISH A TAX EXEMPTION CERTIFICATE, AND NO BID SHALL INCLUDE ANY FEDERAL OR STATE TAXES.

TERMS ARE NET 30 UNLESS OTHERWISE STATED IN THIS INVITATION TO BID.

THE CITY OF SALEM DOES NOT DISCRIMINATE AGAINST FAITH BASED ORGANIZATIONS.

BIDDER ACKNOWLEDGMENT & DATA SHEET

DATE:

LEGAL NAME OF BUSINESS (PRINT):

ADDRESS:

AUTHORIZED SIGNATURE:

PRINT OR TYPE AUTHORIZED SIGNATURE NAME & TITLE:

PHONE NUMBER: FAX NUMBER:

EMAIL ADDRESS:

VA CONTRACTOR’S LICENSE #:

VIRGINIA STATE CORPORATION COMMISSION (SCC) ID #:

BUSINESS LICENSE #:

BY SIGNING THIS INVITATION TO BID (ITB), THE BIDDER ACKNOWLEDGES THAT HE/SHE FULLY UNDERSTANDS THIS ITB AND

THAT IT MEETS OR EXCEEDS ALL SPECIFICATIONS LISTED OR REFERENCED.

mailto:lmbraxton@salemva.gov

ITB # 2024-025

KIWANIS BALLPARK WALL PADDING PROJECT

I. GENERAL INFORMATION:

The City of Salem, Virginia, is requesting sealed bids from qualified bidders to provide padding for the outfield walls and backstop of Kiwanis Ball Park baseball field, in accordance with Invitation to Bid (ITB) # 2024-025.

There will be a non-mandatory pre-bid meeting at 10:00 a.m. on January 16, 2024, in the conference room at Kiwanis Park located at 731 Indiana Street, Salem, Virginia, 24153, to answer any questions from interested parties. There will also be a site visit after the pre-bid meeting.

Bidders are strongly encouraged to visit the site and obtain field measurements.

Bidders who were unable to attend the pre-bid meeting and/or who would like to visit or re-visit the site may make arrangements with Jim Farmer at Kiwanis Park. Jim's contact information is jcfarmer@salemva.gov or 540-375- 9788. There will be no questions answered at additional site visit(s).

This Invitation to Bid consists of the following (including any Addendums that the City may issue). Each Bidder should carefully read and review ALL documents:

1. All Sections of Invitation to Bid # 2024-025

2. Bid Form (Attachment A)

3. Kiwanis Wall Pad Specifications or Equivalent (Attachment B)

4. Kiwanis Ball Park Outfield Measurements (Attachment C)

5. Pictures (Attachment D)

6. General Terms and Conditions (Attachment E)

The City of Salem invites any qualified Bidder to respond to this ITB by submitting a Bid for such work, service, and/or items consistent with the terms and conditions herein set forth.

II. INSTRUCTIONS TO BIDDERS:

A. Sealed Bids shall be received by Michelle Braxton of the City of Salem Purchasing Department, 114 North Broad Street, Salem, VA 24153 by 3:00 p.m., on Wednesday, January 31, 2024. Bidders shall submit one (1) original and two (2) copies of their bid in a sealed envelope clearly marked on the outside with the company’s name and “Attn: Purchasing Department - ITB # 2024-025 – Kiwanis Ballpark Wall Padding Project”. Any bids received after the mentioned time and date will be returned to the Bidder unopened. Faxed or emailed bids will not be accepted.

At this time, the contents of all bids will be read aloud and made public for the information of Bidders and other interested parties who may be present in person or by representative.

B. Each Bidder is solely responsible for ensuring that they have the current, complete version of the Bid documents, including any addendum(s), before submitting. The City is not responsible for any Bid documents obtained from any source other than the City.

C. Bid submittal shall include:

1. Bidder Acknowledgment & Data Sheet, Page 1 of this ITB

2. Bid Form (Attachment A), Page 5 of this ITB

D. For questions regarding this bid, please contact:

Michelle Braxton, Purchasing Manager P.O. Box 869

Salem, VA 24153 Telephone: 540-375-3063

Fax: 540-375-4057 Email: lmbraxton@salemva.gov mailto:jcfarmer@salemva.gov mailto:lmbraxton@salemva.gov

E. All questions and clarifications must be submitted by 3:00 p.m. on January 22, 2024.

F. All Bids must be signed by an authorized representative on the forms provided with this Bid. No changes are to be made to the Bid Form. Any changes to Bid amounts must be initialed.

G. The Successful Bidder shall be responsible for the removal of all waste and cleanness of all work.

H. The City’s procedures for withdrawal of bids (construction or other than construction) is that set forth in Section 2.2-4330 of the Virginia Code.

I. Each Bidder is advised that the Ethics in Public Contracting and Conflicts of Interests Act of the Code of Virginia applies to this Bid. Such information should be provided with the Bid response.

J. Failure to submit all required pages and information may result in the Bid to be non-responsive.

K. It is the sole responsibility of the Bidder for any cost incurred in the preparation and submission of this Bid.

L. A Bidder organized as a stock or non-stock corporation, limited company, business trust or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described herein that enters into a Contract with the City pursuant to the Virginia Public Procurement Act 2.2-4300 et seq. shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract. The City may void any Contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Please contact the SCC to determine whether your firm should register.

III. QUALIFICATIONS REQUIRED:

The Successful Bidder must demonstrate at least three (3) years of experience with at least five (5) similar installation projects at high school, college, or professional level.

IV. STATEMENT OF NEEDS/SPECIFICATIONS:

A. Provide and install forest green wall pads on outfield and backstop wall that meet or exceed the below specifications:

a. The total length of outfield walls (including columns) that will be covered is approximately 780 feet.

i. That breaks down to 25 sections of 18'5", 30 columns of 19", 5 sections of 5'10", and 9 miscellaneous sections totaling 120'.

ii. All the individual section measurements along with approximate pad heights is included in

Kiwanis Ball Park Outfield Measurements (Attachment D).

b. The backstop wall total linear feet is approximately 135' 6" and height is approximately 34”.

i. The overall height could reach 32".

ii. There could also be a 12" wide cap on the top of the wall.

c. Backing:

i. ¾” BC Grade Exterior Plywood.

d. Vinyl Covering:

i. 18.5oz./sq. yd. fully COATED Vinyl on Base Fabric Scrim of 1000 Denier x 1300 Denier

Polyester.

ii. Fabric meets following tests:

1. Tear Strength Tests: Warp 100 lbs., Fill 100 lbs.

2. Grab Tensile Strength: Warp 410 lbs., Fill 410 lbs.

3. Weft Insertion: 18 x17. Vinyl compounded with UV Inhibitors and Mold Inhibitors

4. Cold Crack: Minus 40 Degrees Fahrenheit or Celsius

iii. Vinyl is wrapped fully around plywood and foam to fully cover front, back, and all edges.

iv. Full Vinyl Wrapping is fastened only on backside using Stainless Steel staples.

e. Filler Foam: 3" thick Polyurethane High Impact Foam securely glued to ¾” solid Plywood backing

f. Adhesive: Synthetic Resin Based demonstrating High Flexibility, Excellent Water and Heat/Cold Resistance, and Superior Bonding Factor

g. Attachment: Extruded Aluminum profile, 2.5" x 0.125" thickness, attached to wall panel using Hex Head Masonry Screws, and to pad's plywood backing using 1" Hex Head Wood Screws

B. Size and pictures of walls are made available but should be verified by Successful Bidderselected bidder.

C. Additional Notes:

a. Wall sections labeled left to right and have cap block on top that hangs over into playing field 1".

The cap will be left exposed and that the pad below it will be as close to the bottom of it as possible.

b. All columns protrude into the playing field 4 inches.

c. The foul poles will remain.

i. City will work with the Successful Bidder on the design of this area of the project.

d. Both ends of backstop wall will NOT be padded.

D. Verbiage on the forest green outfield wall padding should read:

a. Left field: KIWANIS PARK

b. Right field: BILLY SAMPLE FIELD

E. Warranty:

a. Standard manufacturer’s warranty for pads.

b. Warrantry period of one (1) year on workmanship and installation from the date of project completion.

F. The Successful Bidder agrees to complete installation by August 1, 2024.

V. SUCCESSFUL BIDDER’S RESPONSIBILITY:

The Successful Bidder shall be responsible for the work to be done by any subcontractor(s) and shall assure compliance with all requirements of this Contract. The Successful Bidder shall be responsible for completely supervising and directing the work under this contract and all subcontractors that may be utilized.

Subcontractor(s) who perform work under this Contract shall be responsible to the Successful Bidder. The Successful Bidder shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s).

VI. INVOICES:

Invoices for services provided under any resulting contract shall be submitted to City of Salem Parks & Recreation Department, 620 Florida Street, Salem, VA 24153.

VII. INSURANCE:

Insurance in the following amounts will be required:

Type of Insurance Each Occurrence Aggregate

General Liability including Contractual Liability and Completed Operations

$1,000,000 $2,000,000

Automobile Liability $1,000,000 $2,000,000

Workers Compensation Public Liability

Per VA Statute

The Coverage above is to be on an occurrence basis with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. The insurer must list the member locality as an additional insured. The endorsement must be issued by the insurance company. The contract must state the insurance provided in the additional insured endorsement is primary without contribution from other insurance available to the additional insured. A notation on the certificate of insurance referencing the additional insured status is not sufficient.

ATTACHMENT A

BID FORM

DATED: JANUARY 8, 2024

Bid Form shall include all labor, materials, equipment, tools, and services necessary for to complete the work described in this Invitation to Bid and Contract documents.

Owner reserves the right to award a contract on total bid price or any combination including alternate number for which the Owner determines funds will be available at the time of award.

Outfield Walls $_____________________

Backstop $_____________________

TOTAL BID PRICE $_____________________

If Bidder elects to not furnish pricing for alternate number below, then Bidder must enter the words “No Bid” or “Not Applicable”.

Alternate Number Alternate Description Circle Below Cost

Alternate #1 Change backstop padding cover from forest green to brick pattern.

Color of brick pattern to be approved by owner.

ADD OR DEDUCT $

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

ATTACHMENT B

KIWANIS WALL PAD SPECIFICATIONS OR EQUIVALENT

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Aer-Cushion

TM

STADIUM WALL PAD

For Attachment to Concrete, Masonry, Wood and Other Solid wall Surfaces.

SPECIFICATIONS:

Backing:

" solid Plywood backing.

Adhesive: Synthetic Resin Based demonstrating High Flexibility, Excellent Water and Heat/Cold

Resistance, and Superior Bonding Factor.

Attachment: Extruded Aluminum profile, 2.5" x 0.125" thickness, attached to wall panel using Hex

Head Masonry Screws, and to pad's plywood backing using 1" Hex Head Wood Screws. Hardware not included.

Manufactured by Aer-Flo, Inc.

Bradenton, FL and Anniston, AL

Model # ACSWP

1" Hex Head Wood Screw

Aluminum Overlapping Z-Channel Mounting System

Hex Head Masonry Screw

CONCRETE WALL

(Typ.)

Hardware for fastening on brick, wood, and other solid wall faces available.

" Exterior Grade Plywood

Sold by Authorized Dealers c

2017 Aer-Flo, Inc.

" BC Grade Exterior Plywood

Vinyl Covering: 18.5oz./sq. yd. fully COATED Vinyl on Base Fabric Scrim of 1000 Denier x

1300Denier Polyester. Fabric meets following tests: Tear Strength Tests: Warp 100 lbs., Fill 100 lbs.,Grab Tensile Strength: Warp 410 lbs., Fill 410 lbs., Weft Insertion: 18 x17. Vinyl compounded withUV Inhibitors and Mold Inhibitors. Cold Crack: Minus 40 Degrees Fahrenheit or Celsius. Vinyl iswrapped fully around plywood and foam to fully cover front, back, and all edges. Full Vinyl

Wrapping is fastened only on backside using Stainless Steel staples.Color of vinyl is to selected from fabric manufacturers standard colors.

18.5 oz Reinforced COATED Vinyl covers all wood and foam, fully encasing the front, sides and back. Fully covered pads outlast pads with partially wrapped, painted and exposed backsides.

Filler Foam: 3" thick Polyurethane High Impact Foam securely glued to

3" Thick High Impact Foam

ATTACHMENT B

ATTACHMENT C

KIWANIS BALL PARK OUTFIELD MEASUREMENTS

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Kiwanis Ball Park Outfield Fence Salem, VA

Wall Section Number

L to R

Wall Length Wall Height to

Brick Dust

Pad Height for Even Bottom

Column Pad

Height

Column Width

Right of Wall

Section

Notes

1 11' 1/2" 6' 19" Has Door in Wall. Block 42", Door 49", Block 41". Door has 1 1/2" wood jam on both sides. After this wall there is 4 inch wide by 4 inch deep space/block to left of the first column.

2 5' 11 1/2" 8' 6 1/2" 6' 6' 3 5' 8 1/2" 7' 11 1/2" 5' 4" 5' 4" 18 3/4" 4 15' 9" 5' 10" 5' 4" Meets Triangle plywood at left side of Foul Pole

5 16' 6' 1" 6' 6' 19" Right of Foul Pole with 320 mark. Need sticker on pad.

6 18' 5 1/2" 6' 3 1/2" 6' 6' 19" 7 18' 5 1/2" 6' 4" 6' 6' 19" 8 18' 5" 6' 6" 6' 6' 19" 9 18' 5" 6' 6" 6' 6' 19"

10 14' 10 1/2" 6' 7" 6' Butts to left of scoreboard

11 5' 10" 6' 3" 6' Left side of scoreboard. First 48" higher than last 22" but could make all 6' tall. Has door in this but can attach top and bottom 6" blockNeed to consider corner detail.

12 36' 1" 5' 4 1/2" to 5' 6" 5' 10" Front and below scoreboard. 70" to bottom of scoreboard from conguent coarse of block.

13 5' 9" 6' 3 1/2" 6' 6' Right side of scoreboard 14 7' 3 1/2" 6' 4 1/2" 6' 6' 19" 15 18' 4 1/2" 6' 3 1/2" 6' 6' 19" 16 18' 5 1/2" 6' 2 1/2" 6' 6' 19 1/4" 17 18' 5 1/2" 6' 2 1/2" 6' 6' 19" 18 18' 5" 6' 2 1/2" 6' 6' 19" 19 18' 5" 6' 4" 6' 6' 19" 20 18' 5" 6' 5 1/2" 6' 6' 19"

ATTACHMENT C

Kiwanis Ball Park Outfield Fence Salem, VA

21 18' 3" 6' 5 1/2" 6' 6' 19" Beginning of sight curve. Need sticker for 405 mark centered with home plate.

22 18' 5" 6' 8 1/2" 6' 6' 19" Slight curve continues. Leaves 8" below pad - this is high point.

23 18' 4 1/2" 6' 10" 6' 6' 19" Slight curve continues 24 18' 4" 6' 7 1/2" 6' 6' 19" Slight curve continues 25 18' 5 1/2" 6' 6 1/2" 6' 6' 19" Last curve section 26 18' 5" 6' 2" 6' 6' 19" 27 18' 5" 5' 11 1/2" 6' 6' 19" 28 18' 5" 5' 9 1/2" 6' 19" Puts pad on warning track.

29 18' 5" 6' 3 1/2" 6' 19" "A" step up right center field.

30 18' 5" 6' 1 1/2" 6' 19" "A" step up right center field.

31 18' 4 1/2" 6' 0" 6' 19" "A" step up right center field. Puts pad on ground this section.

32 18' 5" 6' 6" 6' 19" "B" step up right field.

33 18' 5" 6' 2 1/2" 6' 19" "B" step up right field.

34 18' 5 1/2" 6' 11 1/2" 6' 19" "B" step up right field. Touches warning track this section.

35 18' 4 1/2" 6' 7 1/2" 6' 6" 19" "C" step up right field. Touches warning track this section.

36 16' 4" 6' 5" 6'6" Left of foul pole with 305 Mark (need sticker). Foul pole has triangle from wall out to point at foul pole with each side measuring 28"

37 5' 1" 6' 6" 6' 6" 6' 6" 19" Right of foul pole

38 10' 9" 8' 7'3" 6'6" "D" step up right field foul. Meets inside corner that is 19".

Column is inside corner.

39 16" 7'3" Inside corner block then meets chain link fence to stop.

ATTACHMENT D

PICTURES

ATTACHMENT E

GENERAL TERMS AND CONDITIONS

Vendor: The general terms and conditions, which follow, apply to all purchases and are an integral part of each purchase order issued by the City of Salem, Virginia unless otherwise specified. Vendors are expected to fully inform themselves of these terms and conditions and failure to do so will be at the vendor’s own risk and relief cannot be secured on the plea of ignorance. Subject to the state and local laws and all rules, regulations and limitations imposed by legislation of the federal government.

Acceptance: This purchase order constitutes Buyer’s offer to Seller upon the terms and conditions stated herein and shall become a binding contract based on the terms and conditions set forth herein when it is accepted either by Seller’s acknowledgement or performance.

Entire Agreement: These terms and conditions, any other special conditions and specifications contained in any other documents referenced shall constitute and represent the complete and entire agreement between the Buyer and Seller and supersede all previous communications, either written or verbal with respect to the subject matter of this purchase order.

Changes, additions, deletion: No changes, additions, deletions or substitutions of specifications, terms and conditions, quantity, unit of issue, delivery date, delivery charge or price will be permitted without the prior written approval from the Electric Department or City of Salem.

Contractual Disputes: All claims that may arise under this contract shall be resolved through the procedure set forth in City of Salem’s Purchasing Policy and Procedures Manual Section 4007.

Delivery: Delivery shall be FOB Destination. If otherwise, the exact cost to deliver shall be as shown.

Delivery Date/Time: Deliveries shall be strictly in accordance with the schedule set out or referred to on the purchase order and in exact quantities ordered. Delivery shall be made during the working hours of Monday thru Thursday 7:00 am – 5:30 pm unless otherwise specified or prior approval for another period has been obtained.

Tax Exemption: The City of Salem and Salem City Public Schools are exempt from State Sales Tax and Federal Excise Tax. Do not include tax. The City of Salem Finance Department upon request shall furnish tax Exemption Certificate. The City’s Federal Tax ID number is 54-6001593. This tax-exempt status does not transfer to the contractor for any taxes associated with the work under this contract. The contractor will pay all sales, consumer, use, and other similar taxes required by the law of the place where the work is performed.

Condition of Item: All items delivered shall be new, current model year, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated. Verbal agreements to the contrary shall not be recognized.

Substitutions: No substitutions or cancellations shall be permitted without prior written approval from the City of Salem Purchasing Department.

Antitrust: By entering into a contract, the Offeror conveys, sells, assigns, and transfers to the City all rights, title and interest in and to all causes of the action it may now 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 City under said contract.

Indemnification: The contractor agrees to be responsible for, indemnify, defend and hold harmless the City, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Workers’ Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless the City, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contractor.

License Requirements: All firms having a business location or office in the City of Salem, Virginia are required to be licensed in accordance with the City’s Business, Professional and Occupational Licensing (BPOL) Tax Ordinance. Wholesale and retail merchants without a business location in the City are exempt from the requirement. Questions concerning the BPOL tax should be directed to the Commissioner of the Revenue, telephone number (540) 375-3019.

Method of Payment: Upon satisfactory delivery of the merchandise or satisfactory completion of the services all invoices and statements shall reference the purchase order number and be submitted to: City of Salem, Finance Department, P.O. Box 869, Salem, Virginia 24153.

The prices and payments shall be full compensation for the labor, tools, equipment, transportation, overhead and all other incidentals necessary to complete the specified terms and conditions.

Anti-Discrimination: By acceptance of the purchase order, all Offerors 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 Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public Procurement Act which provides: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin 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. 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. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

Drug Free Work Place: Offerors must comply with Section 2.2-4312 of the VA Public Procurement Act, Drug Free work place.

Insurance: Prior to the start of any work under the contract, the Contractor shall provide to the City, Certificate of Insurance Forms approved by the City and maintain such insurance until the completion of all project orders issued under the contract. The minimum limits of liability shall be: Workers’ Compensation – Standard Workers Compensation Policy Broad Form Comprehensive General Liability -- $1,000,000 Combined Single Limit coverage to include: Premises-Operations; Products/Completed Operations; Contractual; Independent Contractors;

City and Contractor’s Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.); Automobile Liability - $1,000,000 Combined Single Limit.

Ethics In Public Contracting: By submitting the proposal, all Offerors certify and warrant that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or subcontractor 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, present or promised, unless consideration of substantially equal or greater value is exchanged.

Applicable Law And Courts: Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable federal, state and local laws and regulations.

Gifts By Offeror, Contractor Or Subcontractor: No Offeror, contractor or subcontractor shall confer on any public employee having official responsibility for the 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 is exchanged.

Material Safety Data Sheets: Material Safety Data Sheets and descriptive literature shall be provided with the bid or delivery for each chemical and/or compound offered and/or purchased.

Sellers Responsibility: Sellers shall examine the Purchase Order and shall exercise their own judgment as to the nature and total amount of all work to be done. No plea of ignorance of conditions that exist or may later exist, or if conditions or difficulties that may be encountered in the work as a result of failure to make the necessary examination and investigation will be accepted as an excuse for any failure or omission on the part of the Seller to fulfill in every detail the requirements of the purchase order, or will be accepted as a basis for any claims whatsoever for extra compensation.

Default: In case of failure to deliver the reports, documents or services in accordance with the contract terms and conditions, the City, after due oral and written notice, may procure from other sources and hold Contractor responsible for any resulting additional procurement and administrative costs. This remedy shall be in addition to any other remedies, which the City may have.

Assignment: Neither party shall assign the Purchase Order without the prior written consent of the other party nor shall any purchase order be assigned to any party that is debarred from doing business with or in the Commonwealth of Virginia.

Valid Purchase Order: In order for a Purchase Order of the City of Salem to be valid, it must be executed by an authorized person as defined in the Code of the City of Salem, Virginia.

Debarment Status: By accepting Purchase Order, all Offerors certify that they are not currently barred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently barred from submitting proposals on contracts by any agency of the Commonwealth of Virginia.

Compliance with federal, state, and local laws and federal immigration law; required contract provisions: The City shall provide the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

END OF ITB # 2024-025