ITB # 2025-005 Road Maintenance.pdf
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- Attached to
- ITB # 2025-005 Road Maintenance
- Solicitation number
- 71950
- Issued by
- Scott County, Salem City, Virginia
About this file
This document is an Invitation to Bid (ITB) issued by the City of Salem, Virginia for a road maintenance project. The City is requesting sealed bids from qualified and licensed contractors to provide labor, materials, and equipment for the City's road maintenance program on City of Salem streets. The bid includes items such as tack coat, various asphalt concrete mixes, milling, pavement line marking, and pavement signal markings. Bids are due by 3:00 PM on August 7, 2024, and the work must be completed by June 30, 2026. The City will furnish a tax exemption certificate, and the contract terms are net 30 days. Bidders must provide a bid guarantee of at least 5% of the bid amount and be able to obtain performance and payment bonds. The City reserves the right to reject any or all bids and to add or remove similar services from the contract as needed.
The bids will be evaluated based on the unit prices provided in the Bid Schedule. The City may negotiate with the selected bidder if the bid exceeds the available funding amount. The successful bidder will be responsible for supervising and directing the work and ensuring compliance by any subcontractors. Detailed insurance requirements are specified, and the contractor must comply with state and local laws, including obtaining a valid City of Salem business license if required.
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| File | Type | Posted |
|---|---|---|
| ITB # 2025-005 Road Maintenance.pdf | ||
| Addendum # 1 - ITB # 2025-005.pdf | ||
| Addendum # 1 - ITB # 2025-005.pdf | ||
| ITB # 2025-005 Road Maintenance.pdf |
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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: JULY 16, 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 #: 2025-005
BID DESCRIPTION: ROAD MAINTENANCE
DATE AND TIME BID DUE: AUGUST 7, 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 # 2025-005 – ROAD MAINTENANCE” 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 MARKED “LATE” AND
RETAINED UNOPENED IN THE PROCUREMENT FILE. 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 # 2025-005
ROAD MAINTENANCE
I. GENERAL INFORMATION:
The City of Salem, Virginia, is requesting sealed bids from qualified and licensed Contractors to provide labor, materials, and equipment needed for the road maintenance program on City of Salem streets, in accordance with Invitation to Bid (ITB) # 2025-005.
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 # 2025-005
2. Bid Data Sheet (Attachment A)
3. Bid Bond (Attachment B)
4. 2024-26 Paving Maintenance List (Attachment C)
5. General Terms and Conditions (Attachment D)
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, August 7, 2024. Bidders shall submit one (1) original, marked as such, and three (3) copies, marked as such, of their bid in a sealed envelope clearly marked on the outside with the company’s name and “Attn: Purchasing Department - ITB # 2025-005 – Road Maintenance” so as to guard against premature opening of any bid. No responsibility shall be attached to the City of Salem for the premature opening of bids not properly addressed or identified.
Any bids received after the mentioned time and date will be marked “late” and retained unopened in the procurement file. 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 must include:
1. Bidder Acknowledgment & Data Sheet, Page 1 of this ITB
2. Bid Data Sheet (Attachment A), Page 6 of this ITB
3. Bid Bond (Attachment B), Page 7 of this ITB
4. Any Addendums that the City may issue
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
D. All questions and clarifications must be submitted in writing by 3:00 pm on July, 29, 2024.
mailto:lmbraxton@salemva.gov
E. PREPARATION OF BIDS:
Bids shall be submitted on the forms provided or copies thereof. A copy of the form is bound in these specifications, but this is only for the information of bidders and is not be filled out or executed or removed from the volume. Separate copies are furnished for the purpose of bidding. Three copies shall be submitted. Any bidder who desires to submit a bid on his letterhead may do so, but the form must be identical with the form included here.
If the Bid is made by a partnership or firm, the name of each member of the firm shall be given and signed by a member of the firm. If the Bid is made by a corporation, the corporate name shall be given, and signed by a duly authorized officer of the corporation and his title.
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 City’s procedures for withdrawal of bids (construction or other than construction) are that set forth in Section 2.2-4330 of the Virginia Code.
H. 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.
I. Failure to submit all required pages and information may result in the Bid to be considered non-responsive.
J. It is the sole responsibility of the Bidder for any cost incurred in the preparation and submission of this Bid.
K. 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.
L. Must have a valid City of Salem business license, if required.
M. BID GUARANTEE: Each Bid must be accompanied by a bid guarantee which shall be not less than five percent (5%) of the largest amount of which Bid is made and, at the option of the Bidder, may be a certified check, bank draft, or bid bond. No bid will be considered unless it is so guaranteed. Certified check or bank draft shall be made payable to the City of Salem. Cash deposits will not be accepted. The bid guarantee shall insure the execution of the contract and the furnishing of performance and payment bonds by the Successful Bidder if required by the specifications.
N. MODIFICATION; WITHDRAWAL OF BIDS: In accordance with withdrawal due to error in the bid, as specified in the latest edition of the City of Salem Purchasing Policy and Procedures Manual.
O. REJECTION OF BIDS: The City of Salem reserves the right to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the City of Salem.
P. PERFORMANCE/PAYMENT BONDS: The bidder must be able to obtain a performance bond and payment bond in the amount of 100% of the bid estimate. This bond can be in the form of Letter of credit, Bank Insurance, or cash. Failure to obtain the performance/payment bonds will result in disqualification of the bid.
Q. SCHEDULE OF WORK: The entire scope of the work being bid upon must be completed no later than June 30, 2026. Prior to commencement of work, a pre-construction meeting shall be held to establish an acceptable schedule. If all of the work on the list is not completed by June 30, 2026, the City of Salem will draw upon the performance bond to complete the work.
The City of Salem reserves the right to add or remove similar, related services to/from any resulting Contract, as it may deem necessary and appropriate.
III. QUALIFICATION OF BIDDERS:
The ability of any bidder to obtain a performance bond shall be regarded as a test of such bidder's competency or responsibility. Any bidder must be prepared to present evidence of experience, ability and financial standing as well as an inventory of plant and equipment.
IV. SPECIFICATIONS:
All work shall be performed in accordance with the Virginia Department of Transportation Road and Bridge Specifications, latest edition. In addition, contractor is expected to take pictures and/or videos of all roads with lane striping prior to commencement of any work to ensure lane striping is placed back correctly and provide a copy to the City Engineer.
V. PRICE ADJUSTMENT
The contractor will submit a written, notarized statement on the supplier’s letterhead of the price of the Liquid Asphalt (D1) the contractor will use for this project at the time of bid. This is to accompany the other bid documents received at the time of bid. Failure to submit notarized supplier’s statement will eliminate the contractor’s ability to invoke this clause.
The Liquid Asphalt Price Adjustment will be computed as follows: For an invoice submitted on the 5th of the month (month 2) the Contractor will also submit a written, notarized statement on the supplier’s letterhead of the average price of Liquid Asphalt (D2) the supplier charged the Contractor the previous month for material used on this project (month 1): the price difference percentage: (D2-D1)/D1 x 100 must be equal to or greater than 1.0% for an adjustment calculation to occur. The City Engineer or his agent reserve the right to independently investigate and confirm or deny the prices quoted in the supplier’s notarized statement.
The price adjustment formula shall be “P=T x A% x (D2-D1)”
Where P=Price Adjustment in dollars; T=tons of bituminous concrete placed (from invoice); A%=liquid asphalt percent content; D2=liquid asphalt price, current month; D1=liquid asphalt price, at time of bid.
Example: T=4,500 tons A=5.5% D2=$140 D1=$135
P = 4500*.055*(140-135)=$1,237.50
VI. AVAILABILITY OF FUNDS:
It is understood and agreed that the City of Salem shall be bound to any agreement hereunder only to the extent of the funds available and appropriated or which hereafter become available and appropriated for the purpose of the agreement.
VII. 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).
VIII. INVOICES:
Invoices for services provided under any resulting Contract shall be submitted to the City of Salem Community Development Department, 21 South Bruffey Street, Salem, VA 24153.
IX. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT A
BID DATA SHEET
DATED: JULY 16, 2024
In compliance with your invitation for bids, the undersigned proposes to furnish all labor and materials and perform all work necessary for this project, for consideration of the prices set forth hereinafter and extended on the basis of the indicated approximate quantities. Contractor will be required to furnish a performance bond and payment bonds and a project schedule. In the event that proposals should exceed the amount of funds available for this service contained in this proposal, the City of Salem reserves the right to negotiate with the selected bidder a price that will meet available funds.
BID SCHEDULE (UNIT PRICE)
ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE
CRS-1H Tack Coat GAL 28,000 $ $
Asphalt Concrete SM 9.5D (NP) TONS 7,150 $ $ Non-Polishing Aggregate
Asphalt Concrete SM 9.5AL TONS 8,900 $ $ Limestone Aggregate
Asphalt Concrete SM 12.5D TONS 10,000 $ $
Milling Type "A" SY 275,000 $ $
Type A Pavement Line Marking LF 95,000 $ $ 6”
Type A Pavement Line Marking LF 24,000 $ $ 4”
Type B Class II Pavement Line LF 1,300 $ $ Marking – 24”
Type B Class II Pavement Line LF 2,100 $ $ Marking – 12”
Type B Class II Pavement Signal EACH 173 $ $ Marking – Turn Arrows
Type B Class II Pavement Signal EACH 15 $ $ Marking – Straight Arrows
Type B Class II Pavement Signal EACH 12 $ $ Marking – Dual Straight/Turn Arrows
Type B Class II Pavement Signal EACH 1 $ $ Marking – RR Crossing
Type B Class II Pavement Signal EACH 2 $ $ Marking – HC Parking
TOTAL BID: $
Additional work (up to 25% of original bid quantities) may be added, dependent upon available funding. This work will be done at the bid price submitted.
ATTACHMENT B
BID BOND
Bid security in the amount of ________________________________________________________
($_____________________) in the form of _____________________________________ is submitted herewith, in accordance with this Invitation to Bid # 2025-005.
If notice of acceptance of this bid is given to the undersigned within thirty (30) days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver an agreement in the prescribed form, and furnish the required bonds, within fifteen (15) days after the Agreement has been presented to him for signature. Project is to be completed no later than
June 30, 2026 as described in Invitation to Bid # 2025-005.
Contractor
By:
(SEAL)
Title:
Registered Contractor
Virginia Certificate No.
Business Address
Business Telephone / Fax Number
ATTACHMENT C
2024-26 PAVING MAINTENANCE LIST
• Apperson Drive (E Riverside Rd to Kimball Ave)
• Bradford Circle
• Brand Ave
• Braxton Avenue
• Britnay Lane
• Chapman Street
• Clover Street
• Crystal Drive
• East Burwell Street (Broad St to College Ave; Thompson Memorial Blvd to Park Ave)
• East Calhoun Street (Broad St to Park Ave)
• East Hill Court
• East Main Street (Electric Rd to East City Limits)
• East Main Street (Bridge over Mason Creek to Brand Ave)
• Electric Road (Bridge over Roanoke River to Bridge over Mason Creek)
• Electric Road (East Main Street to Millbrook St)
• Fletcher Circle
• Fletcher Street
• Gardner Drive
• Hagan Street
• Harrison Avenue
• Heatherwood Lane
• Keesling Avenue
• Leemount Street
• Macon Street
• Monroe Street
• Park Avenue
• Parkwood Avenue
• Randolph Avenue
• Richfield Avenue
• Rollingwood Drive
• School Lane
• South Broad Street (Main St to Colorado St)
• South Colorado Street (Roanoke Blvd to 8th Street)
• South Market Street (Roanoke Blvd to 7th St)
• Stewart Alley
• Union Street (Main St to Eddy Ave)
• Walker Lane
• West Burwell Street (Broad St to Chapman St; Chestnut St to Elm St)
• Westland Street
• Whitfield Court
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
ATTACHMENT D
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 # 2025-005
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