ITB # 2025-012 Cooling Tower Equipment for ALMS_Final.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: AUGUST 21, 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 #: 2025-012

BID DESCRIPTION: COOLING TOWER EQUIPMENT FOR ANDREW LEWIS MIDDLE SCHOOL

DATE AND TIME BID DUE: SEPTEMBER 4, 2024 AT 3:00 P.M.

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

DEPARTMENT - ITB # 2025-012 – COOLING TOWER EQUIPMENT” 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NO BID MAY BE WITHDRAWN AFTER OPENING EXCEPT FOR CLERICAL ERRORS, AS SET FORTH IN SECTION 2.2-4330 OF THE VIRGINIA CODE.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 # 2025-012

COOLING TOWER EQUIPMENT FOR ANDREW LEWIS MIDDLE SCHOOL

I. GENERAL INFORMATION:

The City of Salem, Virginia, is requesting sealed bids from qualified Bidders to provide cooling tower equipment in accordance with Invitation to Bid (ITB) # 2025-012.

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 # 2025-012

2. Bid Form (Attachment A)

3. Specifications (Attachment B)

4. General Terms and Conditions (Attachment C)

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, September 4, 2024. Bidders shall submit one (1) original, marked as such and one (1) copy, 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- 012 – Cooling Tower Equipment”. 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 Form (Attachment A), Page 4 of this ITB

3. Any Addendums that the City may issue

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

E. All questions and clarifications must be submitted in writing by 3:00 p.m. on August 28, 2024.

F. During an active solicitation, all communications (email, phone, text, letter) must be conducted through the Purchasing Department. The Purchasing Department will coordinate responses to any inquires, as necessary. If any vendor involved in a pending solicitation or bid violates this communication protocol, any submittals from the vendor may be rejected/disqualified at the discretion of the Purchasing Department.

G. 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.

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.

mailto:lmbraxton@salemva.gov

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 considered 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.

M. The information listed below and in any attachments to this ITB, is used to convey the quality of the equipment desired. The use of the brand does not restrict bidders to the specific brand or manufacturer. Any bidder wishing to bid other than the brand specified shall submit specifications with the sealed bid submittal. Any item which the City, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose may be accepted.

III. SPECIFICATIONS:

See Attachment B – Specifications.

Each Bidder should carefully read and review all documents.

IV. CONTRACT AWARD:

The resulting Contract will be awarded to the lowest responsive and responsible bidder whose bid, conforming to this ITB, is most advantageous to the City, considering price and delivery, as consistent with the Virginia Procurement Act, the City’s Code, the City’s Procurement Policies and Procedures and other applicable law.

V. DELIVERY:

The Successful Bidder must deliver equipment to City of Salem Street Department at 1228 Indiana Street, Salem, Virginia 24153.

VI. INVOICES:

Invoices for services provided under any resulting contract shall be submitted to City of Salem Street Department at 1228 Indiana Street, Salem, VA 24153.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT A

BID FORM

DATED: AUGUST 21, 2024

Bid Form shall provide a single bid, freight included, for cooling tower equipment.

Bidder must guarantee bid price for thirty (30) days after notification of award.

LUMP SUM BASE BID PRICE

(Equipment & Freight Only)

Please include length of time required, in calendar days, for delivery after notification of award:

ATTACHMENT B

SPECIFICATIONS

DATED: AUGUST 21, 2024

Scope of Equipment to Provide: Provide a single proposal, freight included, for the following equipment to replace the existing cooling tower, subject to compliance with the specifications below:

1. One (1) Evapco model AT 112-3M14, with one 30 HP fan motor, two 7 KW basin heaters, both at 460/3, with the accessories and performance specified below.

2. One (1) vibration isolation package, sized for the above cooling tower, with individual restrained spring isolators to match the existing steel frame and all necessary flexible connectors at each cooling tower pipe connection.

COUNTERFLOW INDUCED DRAFT COOLING TOWER

1.1 QUALITY ASSURANCE

A. Verification of Performance:

1. The thermal performance shall be certified by the Cooling Technology Institute in accordance with CTI Certification Standard STD-201. Lacking such certification, a field acceptance test shall be conducted within the warranty period in accordance with CTI Acceptance Test Code ATC-105, by a Licensed CTI Thermal Testing Agency.

2. Unit sound performance ratings shall be tested according to CTI ATC-128 standard. Sound ratings shall not exceed specified ratings.

3. Unit shall meet or exceed energy efficiency per ASHRAE 90.1-2019.

4. Site and existing conditions, configuration, and proper layout shall be reviewed by the manufacturer’s representative.

1.2 WARRANTY

A. Submit a written warranty executed by the manufacturer, agreeing to repair or replace components of the unit that fail in materials and workmanship within the specified warranty period. Warranty is parts only, no diagnosis or replacement labor.

1. The entire unit casing and structure shall have a comprehensive five (5) year warranty against defects in materials and workmanship from date of shipment.

2. Fan motor and drive system shall have a five (5) year warranty from date of unit shipment from factory including fan motor, fan assembly, fan shaft, bearings, mechanical support, sheaves, and bushings.

3. Warranty for all other electrical components shall be one (1) year from date of shipment.

2.1 PRODUCTS

A. Basis of design specification is an EVAPCO model AT 112-3M14 counterflow, induced draft cooling tower. Subject to compliance with requirements, provide one (1) EVAPCO Model AT 112-

3M14 induced draft, cross flow cooling tower. Alternate manufacturers must meet all element of this specification and will be considered subject to approval. Tower dimensions shall not exceed 11'-10" W x 13'-11 3/4" L x 15'-1/4" H.

2.2 PERFORMANCE

A. Tower shall be capable to cool 1,500 GPM of water entering at 95.0° F leaving at 85.0° F at a design entering wet bulb of 78.0° F, with one 30 HP fan motor, 460/3.

2.3 IBC COMPLIANCE

A. The structure shall be designed, analyzed, and constructed in accordance with the wind and seismic load requirements of the following: 2009 IBC, 2012 IBC, 2015, IBC, 2018 IBC, ASCE/SEI

7-05, ASCE/SEI 7-10, ASCE/SEI 7-16, NFPA 5000. Tower shall be designed for an Importance

Factor (IP) = 1.0, SDS = 1.34 (@ z/h = 0) and casing wind load of P = 119 psf. Casings not designed to withstand 119 psf wind load will not be accepted.

2.4 COMPONENTS

A. Description: Factory assembled and tested, induced draft counter flow cooling tower complete with fan, fill, louvers, accessories and rigging supports.

B. Materials of Construction:

1. All cold water basin components including vertical supports, air inlet louver frames and panels up to rigging seam shall be constructed of Type 304 Stainless Steel. All factory cold water basin seams shall be welded for water tight construction. "Series 300" stainless steel shall not be acceptable as equivalent to Type 304 Stainless Steel.

2. Upper casing, channels and angle supports shall be constructed of heavy gauge mill hot-dip galvanized steel. Fan cowl and guard shall be constructed of galvanized steel. All galvanized steel shall be coated with a minimum of 2.35 ounces of zinc per square foot of zinc per square foot of area (G-235 Hot-Dip Galvanized Steel designation). During fabrication, all galvanized steel panel edges shall be coated with a 95% pure zinc-rich compound.

C. Fan:

1. Fan shall be high efficiency axial propeller type with aluminum wide chord blade construction.

Each fan shall be dynamically balanced and installed in a closely fitted cowl with venturi air inlet for maximum fan efficiency.

D. Drift Eliminators:

1. Drift eliminators shall be constructed entirely of Polyvinyl Chloride (PVC) in easily handled sections. Design shall incorporate three changes in air direction and limit the water carryover to a maximum of 0.001% of the recirculating water rate. Drift eliminators shall be self-extinguishing, have a flame spread of less than 25 under ASTM E84, and shall be resistant to rot, decay and biological attack.

E. Water Distribution System:

1. Spray nozzles shall be precision molded ABS, large orifice nozzles utilizing fluidic technology for superior water distribution over the fill media. Nozzles shall be designed to minimize water distribution system maintenance. Spray header and branches shall be Schedule 40 Polyvinyl Chloride (PVC) for corrosion resistance with a steel connection to attach external piping.

F. Heat Transfer Media:

1. Fill media shall be constructed of Polyvinyl Chloride (PVC) of cross-fluted design and suitable for inlet water temperatures up to 130° F. The bonded block fill shall be bottom supported and suitable as an internal working platform. Fill shall be self-extinguishing, have a flame spread of less than 25 under ASTM E84, and shall be resistant to rot, decay and biological attack.

G. Air Inlet Louvers:

1. The air inlet louvers shall be constructed from UV inhibited Polyvinyl Chloride (PVC) and incorporate a framed interlocking design that allows for easy removal of air inlet louvers for access to the entire basin area for maintenance. The air inlet louvers shall have a minimum of two changes in air direction and shall be of a non-planar design to prevent splash-out and block direct sunlight & debris from entering the basin. Air inlet louvers shall be self-extinguishing, have a flame spread of less than 25 under ASTM E84, and shall be resistant to rot, decay and biological attack.

H. Electronic Water Level Control:

1. Electronic water level control package shall have five (5) stainless steel water level sensors

(one (1) high level, one (1) high level alarm, one (1) low level, one (1) low level alarm and one (1) ground) with a NEMA 4x enclosure mounted in a cleanable Schedule 40 PVC external standpipe with slow closing solenoid valve and "y" strainer. Wiring is not included and components must be field mounted. Valves shall be sized for 25 psi minimum to 125 psi maximum pressure. Standpipe will require heat tracing by others for freeze protection.

I. Pan Strainer:

1. Pan strainer shall be all Type 304 Stainless Steel construction with large area removable perforated screens.

2.5 MOTORS AND DRIVES

A. Fan Motor:

1. Fan motor shall be totally enclosed, ball bearing type electric motor suitable for moist air service. Motor shall be Premium Efficient, Class F insulated, 1.15 service factor design. Inverter rated per NEMA MG1 Part 31.4.4.2 and suitable for variable torque applications and constant torque speed range with properly sized and adjusted variable frequency drives.

2. Fan motor shall include strip-type space heaters with separate leads brought to the motor conduit box.

B. Fan Drive:

1. The fan drive shall be multigroove, solid back V-belt type with QD tapered bushings designed for 150% of the motor nameplate power. The belt material shall be neoprene reinforced with polyester cord and specifically designed for evaporative equipment service. Fan sheave shall be aluminum alloy construction. Belt adjustment shall be accomplished from the exterior of the unit.

C. Fan Shaft:

1. Fan shaft shall be solid, ground and polished steel. Exposed surface shall be coated with rust preventative.

2. Fan shaft shall have factory install shaft grounding rings.

D. Fan Shaft Bearings:

1. Fan Shaft Bearings shall be heavy-duty, self-aligning ball type bearings with extended lubrication lines to grease fittings located on access door frame. Bearings shall be designed for a minimum L-10 life of 100,000 hours.

E. Vibration Switch:

1. Unit shall be provided with a Vibration Cutout Switch, operating on 120 VAC feed, to protect the fan and drive assembly from damage in the event of excess vibration. Vibration switch shall be

DPDT.

2.6 MAINTENANCE ACCESS

A. Fan Section:

1. Access door shall be hinged and located in the fan section for fan drive and water distribution system access.

B. Basin Section:

1. Framed removable louver panels shall be on all four (4) sides of the unit for pan and sump access.

C. Internal Working Platform:

1. Internal working platform shall provide easy access to the fans, belts, motors, sheaves, bearings, all mechanical equipment and complete water distribution system. The fill shall be an acceptable means of accessing these components.

D. External Service Platform with Ladder:

1. An external service platform compliant with OSHA shall be provided at the motor access door of the unit extending the full length of the access door. Each platform shall have at least a 36 in wide walking surface. The platforms shall have galvanized steel grating, supported by galvanized steel framework attached to the unit and surrounded by a handrail, knee rail and toe plate system that is compliant with OSHA. Mounting channels shall be the same material as the casing section. A vertical ladder shall be provided from the base of the unit to the platform with a four foot extension below the basin.

2. A safety cage shall be provided on the vertical ladder with extension.

E. Basin Level Platform:

1. A platform shall be provided at the level of the basin to provide access to the make-up water valve, drain connection, suction strainer and deep area of the cold water basin for easy access for routine maintenance. Platform shall include mounting channels that are the same material as the basin section. Platform shall be galvanized steel with galvanized steel handrails. Ladder shall extend 3ft below basin.

F. Motor Davit with Base

1. Unit shall be provided with mechanical external motor davit assembly which shall be capable of removing the fan motor, fan assembly, and drive components. Davit arm shall be constructed of aluminum and base shall be galvanized steel. Davits only capable of removing the motor are not acceptable.

2.7 ACCESSORIES

A. Basin Heater Package:

1. Cold water basin shall be fitted with copper element, electric immersion heaters with a separate thermostat and low water protection device. Heaters shall be selected to maintain +40° F pan water at 0 °F ambient temperature.

2. Provide a separate NEMA 3R enclosure with a front door non-fused disconnect, magnetic contactor, 120 VAC control circuit transformer, heater off/auto switch and pilot light; 120v power for 5-probe electric water level control with high and low water alarm lights and dry contacts for remote monitoring with HOA switch for water valve control. Panel to be remote mounted and wired by others.

ATTACHMENT C

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 s tate 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 # 2025-012