Special Terms and Conditions.pdf

SPECIAL TERMS AND CONDITIONS

A. AWARD OF CONTRACT: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Pricing must be entered as an all-inclusive, total cost. In case of bid errors, where the intended bid is clearly evident, the unit price, if provided, will govern. If cash discount for prompt payment is offered, it must be clearly shown in the space provided. Discounts for prompt payment will not be considered in making awards. The State reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award.

B. eVA ORDERS AND CONTRACTS: The solicitation/contract will result in 1 purchase order with the applicable eVA transaction fee assessed for each order.

C. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (30 ) days. At the end of the days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

D. DELIVERY: Performance of services shall be completed by the date indicated below.

Agency’s required completion date is October 15, 2026.

E. FINAL INSPECTION: Upon delivery, the services will be evaluated to ensure compliance with contract specifications. Any deficiencies shall be promptly and permanently corrected by the contractor at the contractor’s sole expense prior to final acceptance.

F. INSPECTION OF JOB SITE: The submission of this bid constitutes certification that I have inspected the job site and am aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the Commonwealth.

G. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract. This does not mean that the work may not be subcontracted. The meaning, and enforceable intent, is that DOF reserves the right to review and approve the qualifications of any and all proposed subcontractors before they will be authorized to perform work on this contract. Any requirements pertaining to the prime contractor also pertain to any and all subcontractors.

H. WORK SITE DAMAGES: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the Commonwealth’s satisfaction at the contractor’s expense.

I. SAFETY DATA SHEETS: Contractor must have herbicide labels and material safety data sheets

(SDS) on site at all times during treatment for each chemical being applied, including surfactants.

Inspection may be completed by Virginia Department of Forestry at any time. Contractor shall maintain complete herbicide application records at the Site during application and for at least 2 years as specified by VDACS.

J. INDEMNIFICATION: Contractor agrees to indemnify the Commonwealth of Virginia, its officers, agents, and employees for any loss, liability, cost, or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.