Generator Preventive Maintenance and Repair

Invitation - 1 Invitation Arlington Public Schools Procurement Office Invitation to Bid 23FY23 Invitation to Bid Title: Generator Preventive Maintenance and Repair Invitation to Bid Number: 23FY23 Invitation to Bid Issue Date: September 21, 2022 Pre-Bid Conference: A Pre-Bid Conference will not be held for this Solicitation Bid Closing Date/Time: October 12, 2022, 2022, No Later Than 11:59 P.M. (EDT) Bid Opening Date/Time: October 13, 2022, at 10:00 A.M. (EDT) Procurement Office Carolina Sorto, Procurement Specialist Representative: (703) 228-6193, carolina.sorto@apsva.us _________________________________________________________________________________ This is Arlington County School Board’s, operating as Arlington Public Schools (“APS” or “Owner”), Invitation to Bid Number 23FY23 (“ITB”) for the establishment of a Term Contract for Generator Preventive Maintenance and Repair (“Work”). Sealed Bids in response to the ITB

shall be solely received electronically, through a secure cloud-based file sharing platform (“Platform”). Bids shall not be received at the Syphax Education Center by mail, express mail, in person, or by courier. Bidders wishing to submit a Bid in response to the ITB are required to upload the Mandatory Requirements, found in the Instruction to Bidders, into the Platform through the link found on the Current Solicitations webpage, which can be located by accessing APS’ Procurement Office website. A link to the webpage is provided below. Found under the Due Date column for ITB 23FY23of the Current Solicitations table is a link for Bidders to submit their Bids. (“Link to submit Bid – ITB 23FY23”). To assist Bidders with the submission of their respective Bids, screenshots of the steps required to submit a Bid are provided in this ITB. For a Bid to be considered for award of a Contract, the Bid must be received in the Platform by no later than 11:59 P.M. (EDT) on October 3, 2022 (“Bid Closing”). Bidders are strongly encouraged to submit their Bids in advance of Bid Closing to allow sufficient time for the Bids to be uploaded into the Platform before the Bid Closing. The time a Bid is reflected as having been received shall be determined by the time shown under the Activity in the Folder log (“the Log”). If the upload time shown in the Log is after Bid Closing, the Bid will be considered non-responsive and will not be considered for Contract award. Bids received after the Bid Closing shall not be considered. mailto:carolina.sorto@apsva.us Invitation - 2 Bids shall not be opened and announced in the Syphax Education Center but will be done so virtually at 10:00 A.M. (EDT) on October 4th, 2022 (“Bid Opening”) using Microsoft Teams. Anyone wishing to view the Bid Opening can also find the link to the Microsoft Teams invite under the Due Date column of the Current Solicitations table on the Procurement Office website (“Link to Bid Opening – ITB 23FY23”). Please note, the link requires attendees to use the Microsoft Teams application or the Google Chrome browser to view the Bid Opening. For further information, please contact Carolina Sorto at: carolina.sorto@apsva.us or 703-228-6193. Link to the Current Solicitations webpage: https://www.apsva.us/procurement-office/current-solicitations/ All Bids must be submitted on the enclosed pages bearing the caption Bid Form (collectively “Bid Form”) or a copy thereof. All pages of the Bid Form must be submitted and all blanks in the Bid Form must be completed or noted as not applicable. A notation of “not applicable” or “N/A” shall be used only if the information requested is not a required or mandatory element of the Bid. A person authorized to bind the Bidder in contractual matters must sign the Bid Form. Mandatory provisions of this ITB are indicated by the inclusion of the words "shall" or "must" to identify the Bidder's obligations. Failure to comply with any requirement stated as mandatory either in this Invitation or in the Instructions to Bidders shall result in rejection of the Bid as non-responsive, except to the extent the failure or omission either is not a mandatory statutory requirement or does not affect price, quantity, quality, or time. A response to, and meeting, any qualifications and mandatory requirements set forth in the Instructions to Bidders, if any, is mandatory. In limited circumstances as set forth in Instructions to Bidders, Section 27, mandatory information may be supplemented. Any mandatory requirement for which supplementation is not addressed in Instructions to Bidders, Section 27, must be satisfied in the Bid to be responsive and no supplementation will be permitted. 1.0 Purpose: 1.1. This solicitation is being issued to establish a Term Contract(s) for "as required" Services for the Work for all schools and departments of APS, and will be used as a primary source for the items listed herein during the term of any Contract awarded from this solicitation. Further detail regarding the Scope of Work and the Specifications applicable to the Work are set forth in the Contract Documents. The right is reserved to APS to make multiple awards if, following evaluation of the Bids, APS determines in its sole discretion that it would be in the best interests of APS to do so. In the event multiple awards are made, no minimum percentage of the Work is guaranteed to any Contractor. When multiple awards are made, preference will be given to the Bidder submitting the lowest Bid Evaluation Total in ordering performance, subject to the reasonable discretion of APS in achieving prompt, efficient and acceptable performance. 1.2. The labor rates and any materials costs specified in the Bid Form shall include all direct and indirect overhead costs, benefits, insurance, transportation, materials, equipment, and other general and administrative cost or markup of any type. 2.0 Bid Documents: The Bid Documents for this solicitation consist of this Invitation, the Instructions to Bidders, the Scope of Work, all Addenda issued prior to the Bid Closing, and the Bid Form. The Contract Documents are as defined in the form Agreement included with this solicitation. All provisions of the Bid Documents and of the Contract Documents shall apply to this solicitation, and submission of a Bid shall be the Bidder’s confirmation of the acceptance thereof and agreement to comply therewith. 3.0 Pre-Bid Conference: A Pre-Bid Conference will not be held for this Solicitation. 4.0. Taxes: APS is exempt from the payment of any federal excise taxes Tax. The price Bid must be net, exclusive of federal excise taxes. However, when under established trade practice any federal excise tax is included in the list price the Bidder may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as percentage of the list price, which shall be deducted by APS in evaluating the Bid. The APS Federal Excise Tax Number is 54-6001128. Bidders located outside the Commonwealth of Virginia may charge and collect their own mailto:carolina.sorto@apsva.us https://www.apsva.us/procurement-office/current-solicitations/ Invitation - 3 local/state sales tax when the Bid Documents provide that the Goods are to be picked up by APS at Bidder’s out of Virginia place of business. 5.0 Term of Contract and Renewals: 5.1. The initial term of any Contract awarded shall commence on the date the Contract is fully executed by the Procurement Director/Procurement Agent and expiring on the last day of the twelfth (12th) month following execution of the Contract by the Procurement Director/Procurement Agent (“Initial Contract Term”), unless otherwise stated in the Contract. 5.2. Any Contract awarded may be renewed for a term not to exceed one (1) year (“Renewal Contract Term”) by written notice given by APS at any time prior to thirty (30) Days after expiration of the preceding Initial Contract Term or Renewal Contract Term. No representative of APS has any authority to order, direct or request work after expiration of the Initial Contract Term or Renewal Contract Term and prior to a Renewal Contract Term in strict compliance with the renewal terms herein. APS, at its sole discretion, has the right, but is under no obligation, to exercise this right to renewal not to exceed four (4) Renewal Contract Terms at the same terms and conditions. 5.3. APS, at its sole discretion, may, but is not required to, extend any existing Initial Contract Term or Renewal Contract Term for a period of not more than six (6) months to allow for completion of Work in progress at the time of scheduled expiration of the Initial Contract Term or a Renewal Contract Term. If the Initial Contract Term or a Renewal Contract Term is not extended, all Work shall terminate at the expiration of the Contract Term or Renewal Contract Term in which it began. 5.4. For additional provisions regarding the Initial Contract Term and Renewal Contract Terms, the Bidder is directed to the Agreement provided with this solicitation and all Contract Documents referenced therein. 6.0 Certification Regarding Criminal Convictions: Refer to Instructions to Bidders and the Bid Form for required certifications regarding criminal convictions. 7.0 Nondiscrimination Requirements: 7.1. APS does not discriminate against faith based organizations in the solicitation or award of Contracts. 7.2. APS does not discriminate against a Bidder because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. 7.3. APS does encourage the inclusion in the procurement process of small businesses, businesses owned by women, minorities and service disabled veterans, and employment services organizations, all as provided by Va. Code Ann. § 2.2-4310. 8.0 Rejection of Bids; Waiver of Informalities: APS reserves the right to cancel this solicitation, to reject any and all Bids, and to waive informalities in Bids. 9.0. Jointly Procured Contract for use by Other Public Bodies: Intentionally Deleted 10.0 Request for Comments: Following the award of any Contract or Contracts, or the cancellation of this solicitation, all Bidders or potential Bidders are invited to provide to APS written comments regarding the manner in which this solicitation was conducted and any suggested modifications to that process which might make future solicitations by APS more efficient, more productive, and more attractive to potential Bidders. End of Invitation Table of Content - 4 Table of Contents Invitation ........................................................................................................................................................ 1 Table of Contents ............................................................................................................................................ 4 Instructions to Bidders .................................................................................................................................... 5 Scope of Work .............................................................................................................................................. 16 Bid Form ....................................................................................................................................................... 22 Agreement ..................................................................................................................................................... 33 Terms and Conditions .................................................................................................................................. 34 Sample Job Authorization Form ................................................................................................................... 75 Sample Purchase Order ................................................................................................................................. 76 Screenshots of the Steps Required to Submit a Bid ..................................................................................... 77 Appendix 1 - Contractor Certification Regarding Criminal Convictions ..................................................... 82 Appendix 2 - Insurance Coverage Checklist ................................................................................................ 83 Appendix 3 - Pricing Schedule ..................................................................................................................... 87 Appendix 4 - Equipment Inventory .............................................................................................................. 85 Instructions to Bidders - 5 Instructions to Bidders 1. Meaning of Terms: All terms used in the Invitation, these Instructions to Bidders, the Bid Form, or any Addenda shall have the meanings established by the Contract Documents. 2. Failure to Comply with Mandatory Requirements: Mandatory provisions of this ITB are indicated by the inclusion of the words "shall" or "must" to identify the Bidder's obligations. Failure to comply with these requirements or with any other requirements stated as mandatory either in this Invitation, these Instructions to Bidders, the Bid Form, or any Addenda shall result in rejection of the Bid as non-responsive, except to the extent the failure or omission either is not a mandatory statutory requirement or does not affect price, quantity, quality or time, or if the requirement is designated in the Bid Documents as a Class 2 Mandatory Requirement for which supplementation after Bid Opening may be permitted. 3. Bidder Registration, Licensing and Certification: 3.1. To be eligible to Bid and to perform any Contract which may be awarded, a Bidder is required to be qualified to do business in Virginia in the name in which the Bid is being submitted, including but not limited to any required filings of applicable fictitious name authorizations. 3.2. To be eligible to Bid and to perform any Contract which may be awarded, a Bidder is required to have in effect all business licenses, Contractor licenses and trade certifications required by federal or state law or regulation, or by Arlington County, Virginia ordinance or regulation to perform the Services which are the subject of this solicitation. 3.3. A Bidder shall submit with the Bid Form information of all registrations, licenses or certifications required by the Bid Documents. Each information shall show that such license or certification is current and valid. 3.4. See “Submission of Bids” below for additional requirements regarding Bidder’s registration licensing and certification. 3.5. The Bid Form provides for identification of the Bidder’s State Corporation Commission Identification Number and for explanation of any reason the Bidder is not required to be authorized to transact business in the Commonwealth of Virginia. 3.6. These are mandatory provisions in the Bid Form and failure to complete these sections properly shall make the Bid non-responsive. 4. Examination of Bid Documents: 4.1. Each Bidder shall thoroughly examine the Bid Documents. The Bidder’s failure or omission to examine any Bid Document shall not relieve the Bidder from any obligations with respect to its Bid or to any Contract which may result therefrom. Each Bidder shall be responsible for the discovery and resolution by inquiry of any ambiguity, discrepancy, error, omission or conflict in the Bid Documents and Contract Documents which in the exercise of reasonable care a reasonably competent Contractor in the field of work involved reasonably should have discovered, all of which shall be included in the Bidder’s Bid Evaluation Total. 5. Bidder’s Questions: 5.1. All questions regarding this solicitation, other than those submitted at the Conference, must be submitted in writing via email, addressed to: Carolina Sorto, Procurement Specialist, at carolina.sorto@apsva.us and Steven Bernheisel, Assistant Director of Maintenance Services at steven.bernheisel@apsva.us and must be received by 5:00 P.M. EDT, September 20, 2022. 5.2. The Procurement Office will issue written answers to all questions timely submitted. If a Conference is conducted, the Procurement Office will issue written answers to all questions raised at the Conference as mailto:carolina.sorto@apsva.us mailto:.@apsva.us Instructions to Bidders - 6 an Information Item. Information Items shall be posted on the APS website (www.apsva.us) (“the APS Website”) and shall be posted on Virginia’s online electronic procurement system (“eVA”). It is the responsibility of each Bidder to access this information. 5.3. Modification of the Bid Documents shall be accomplished only by written Addendum issued by APS. If the answer to a question modifies the Bid Documents, it will be incorporated in and published as an Addendum. No answer to a question as an Information Item shall be deemed to be an Addendum. 6. Addenda: 6.1. The Bid Documents shall be modified only by written Addendum issued by APS. 6.2. All Addenda shall be deemed to be a part of the Bid Documents. 6.3. All Addenda shall be posted on the APS website and shall be posted on eVA. It is the responsibility of each Bidder to access this information. 6.4. The Bidder shall identify on the Bid Form in the space provided all Addenda received by the Bidder and which are included in the Bid, or the Bidder can include a copy of all Addenda with its Bid. It shall be the responsibility of each Bidder to confirm prior to submission of a Bid that it has received all Addenda. Failure of a Bidder to in fact have done so shall not relieve the Bidder from the requirements of the Bid, including all Addenda issued. Failure to comply with this requirement does not automatically make a Bid non-responsive. By submitting a Bid, the Bidder agrees that it is bound by its Bid and that it will accept any Contract awarded even if it did not obtain all Addenda before submitting a Bid. 7. Information Items: 7.1. All questions received timely shall be addressed by written Information Item. 7.2. The Bid Documents shall not be modified by an Information Item. 7.3. All Information Items shall be posted on the APS website and shall be posted on eVA. It is the responsibility of each Bidder to access this information. 8. Submission of Bids: 8.1. Bidders wishing to submit a Bid in response to the ITB are required to upload the Mandatory Requirements, found in the Instruction to Bidders, Section 27, into the Platform through the link found on the Current Solicitations webpage under the Procurement Office website. Found under the Due Date column for ITB 23FY23 of the Current Solicitations table is a link for Bidders to submit their Bid. (“Link to submit Bid – ITB 23FY23”). To assist Bidders with their Bid submission, screenshots of the steps required to submit a Bid are provided in this ITB. 8.2. For a Bid to be considered for award of a Contract, the Bid must be received in the Platform by no later than 11:59 P.M. (EDT) on October 3, 2022 (Bid Closing). Bidders are strongly encouraged to submit their Bids in advance of Bid Closing to allow sufficient time for the Bids to be uploaded into the Platform before the Bid Closing. The time a Bid is reflected as having been received shall be determined by the time shown under the Activity in the Folder log (“the Log”). If the upload time shown in the Log is after Bid Closing, the Bid will be considered non-responsive and will not be considered for Contract award. Bids received after the Bid Closing shall not be considered. 8.3. Submission of Bids by email or facsimile will not be accepted. Bids shall not be received at the Syphax Education Center by mail, express mail, in person, or by courier. 8.4. All Bids must be submitted on the enclosed pages bearing the caption Bid Form (collectively “Bid Form”) or a copy thereof. http://www.apsva.us/ Instructions to Bidders - 7 8.5. It is mandatory that everything in the Bid Form is completed. A price must be entered for each line item to be considered for award. All pages of the Bid Form must be submitted and all blanks in the Bid Form must be completed or noted as not applicable. A notation of “not applicable” or “N/A” shall be used only if the information requested is not a required or mandatory element of the Bid. 8.6. A person authorized to bind the Bidder in contractual matters must sign the Bid Form. Mandatory provisions of this ITB are indicated by the inclusion of the words "shall" or "must" to identify the Bidder's obligations. Failure to comply with any requirement stated as mandatory either in this Invitation or in the Instructions to Bidders shall result in rejection of the Bid as non-responsive, except to the extent the failure or omission either is not a mandatory statutory requirement or does not affect price, quantity, quality or time. 8.6.1. Bid amounts shall be stated both in writing and in figures if the blanks in the Bid Form so provide, and shall state the same amount. If there is a variance between the written amount and the numerical amount, the written amount shall prevail. 8.6.2. Include only one price for each line item for which a price is to be provided. 8.6.3. If there is a variance between a unit price and an extension price, the unit price will prevail. 8.6.4. All entries shall be typed or handwritten in ink or other form of permanent marker; pencil shall not be used. 8.6.5. In the event there are any erasures or other modifications to previously written or typed entries, each such erasure or other modification shall be initialed by the person signing the Bid and a brief explanation included in the margin on the same page. 8.6.6. Each signature appearing on the Bid Form shall be handwritten, shall indicate such person’s authority to bind the Bidder, and shall be accompanied by the name of the signatory and the signatory’s title either typed or printed legibly. A person authorized to bind the Bidder in contractual matters must sign the Bid Form. 8.6.6.1. If the Bidder is a corporation, the legal name of the corporation on file with the Virginia State Corporation Commission shall be set forth above the signature line, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. 8.6.6.2. If the Bidder is a limited liability company, registered limited liability partnership, or limited partnership, the legal name of the firm on file with the Virginia State Corporation Commission shall be set forth above the signature line, together with the signature of the officer, officers, member, members, partner or partners as applicable authorized to sign Contracts on behalf of the firm. 8.6.6.3. If the Bidder is a partnership, the name of the partnership as stated in the partnership agreement shall be set forth above the signature line, together with the signature of the partner or partners authorized to sign Contracts on behalf of the firm. 8.6.6.4 If the Bidder is submitting a Bid under a trade name, the Bidder shall be identified on the signature line in the true name of the entity doing business as the trade name by the person authorized to sign Contracts on behalf of the firm. 8.6.7. The Bidder shall provide, in the space provided or directed in the Bid Form, (i) its Social Security number if an individual, or (ii) its federal employer identification number if a business entity other than an individual. Instructions to Bidders - 8 8.7. Any Bid received after the Bid Closing, will not be considered. 8.8. Each Bidder must use the Bid Form for submitting its Bid. The Bidder shall upload one (1) copy of the Bid Form duly signed with the corporate seal impressed, if applicable, into the Platform, keeping all remaining pages for the Bidder’s files. For purposes of this provision, a copy is an exact duplicate of the attached Bid Form reproduced in any manner with no modifications, additions or deletions. By executing and submitting the Bid Form, the Bidder acknowledges that it has read all Bid Documents, understands them, and agrees to be bound by all terms and conditions therein. 8.9. Submission of Proprietary Information. The Virginia Public Procurement Act provides limitations on the right of a Bidder to assert that information submitted as part of a Bid is proprietary information or contains trade secrets which are not subject to public disclosure. For any information the Bidder seeks to exclude from public disclosure, the burden shall be on the Bidder to comply with all applicable requirements of the Virginia Public Procurement Act. Any documentation related to such attempt to preserve the limitation of public disclosure of any information shall be submitted as a part of the Bid submission but as a separate Attachment properly marked and paginated to clearly establish the intent of such submission. 8.10. Any quantities set forth in the Bid Form or elsewhere in this solicitation are estimates only, and are given for the information of Bidders and for the purpose of Bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the Contract Period. 8.11 APS will not accept, any erasures, exceptions, or modifications to the Agreement or the Terms and Conditions. Bids that include such erasures, exceptions, or modifications shall be deemed non-responsive. 9. Contract Award: 9.1. If an award is made, APS will make the award for this solicitation to as many Bidders as deemed necessary to fulfill the anticipated requirements of APS. The award, if made, will be made first to the lowest responsible Bidder submitting the lowest responsive Bid based on the lowest Bid Evaluation Total amount in the Bid Evaluation Formula set forth in the Bid Form. If APS deems it necessary or in its best interests to make award to more than one Bidder, the additional awards will be made to responsible Bidders submitting responsive Bids in ascending order starting with the second lowest Bid Evaluation Total and continuing until, in the sole discretion of APS, sufficient awards have been made to fulfill the anticipated requirements. In the event multiple awards are made, no minimum percentage of the Work is guaranteed to any Contractor. When multiple awards are made, preference will be given to the Bidder submitting the lowest Bid Evaluation Total in ordering performance, subject to the reasonable discretion of APS in achieving prompt, efficient and acceptable performance. 9.2. Award of any Contract shall not create any minimum or guaranteed quantity of Goods or Services to be ordered by APS during the term of the Contract, which quantities shall be at the sole discretion of APS. 9.3. If the lowest responsive Bid from a responsible Bidder projects to a price in excess of available funds based upon anticipated needs for the Initial Contract term, or exceeds the permissible maximum for a term Contractor, the right is reserved to APS to negotiate with the apparent low Bidder to obtain a pricing structure which will result in the anticipated needs for the Initial Contract term being within available funds. Such negotiation may include consideration of value engineering, substitution of materials or equipment, modification of unit pricing, and such other modifications of the proposed Scope of Work or other Contract requirements which are consistent with the Work as initially solicited and with the public needs APS has a duty to satisfy. APS and the apparent low Bidder will discuss all such proposed means for reduction of the cost of anticipated needs for a period not to exceed sixty (60) days from the Bid Opening, and if unable to reach agreement within that time all Bids shall be rejected and the solicitation shall be cancelled. 9.4. In the case of a tie Bid if there is only one award: Instructions to Bidders - 9 9.4.1. Preference shall be given to Goods and Services provided by a Bidder who or which is a resident of, or maintains its principal office in, Arlington County, if such a choice is available. 9.4.2. If none of the tied Bidders are residents of or maintain the principal office in Arlington County, preference shall be given to Bidders who or which are residents of or maintain the Bidder’s principal office in Virginia when tied with Bidders not resident in or not maintaining its principal office in Virginia. 9.4.3. If the tie is not resolved through application of either of the foregoing procedures, the tie shall be decided by lot. 10. Withdrawal of Bids: 10.1. All Bids submitted as of the Bid Closing shall remain in effect for a minimum of ninety (90) Days following the Bid Opening if not permitted to be withdrawn as provided in these Instructions. If APS fails to either issue notice of intent to award, make an award, or request an extension of Bids prior to the expiration of such ninety (90) day period, this solicitation shall be deemed cancelled. APS may request an extension of Bids prior to the expiration of such ninety (90) Day period for a time stated in the request. No Bidder shall be required to consent to such extension and, if the Bidder declines to consent to the extension request, its Bid will be deemed withdrawn at the end of the ninetieth (90th) Day after the Bid Opening and will not be considered further. For purposes of this circumstance only, the restrictions set forth below on withdrawal of a Bid are not applicable. The Bid of any Bidder who agrees to the extension request shall remain in effect for the period of time stated in the Owner’s extension request. 10.2. A Bidder may make a written request to the Procurement Director/Procurement Agent to withdraw its Bid at any time prior to the Bid Opening. The request must be time stamped as received by the Procurement Director/Procurement Agent prior to the Bid Closing. 10.3. After the Bid Opening, a Bidder may make a written request to the Procurement Director/Procurement Agent to withdraw its Bid. The written request must be time stamped as received by the Procurement Director/Procurement Agent no later than 5:00 P.M. EDT on the first full business day following the Bid Opening. 10.4. Whether the request to withdraw a Bid is made before or after the Bid Closing, a Bidder may request withdrawal of its Bid from consideration only if the price bid was substantially lower than the other Bids due solely to a clerical or arithmetical mistake therein, as opposed to a judgment mistake, and was actually due to an unintentional arithmetical error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the Bid, which can be clearly shown by objective evidence drawn from inspection of the Bidder’s original work papers, documents and materials used in preparation of the Bid. The Bidder shall provide the original work papers, documents, and materials within the same time as required for the notice seeking withdrawal of the Bid. 10.5. If the Procurement Director/Procurement Agent denies the written request to withdraw a Bid, the Bidder shall be notified in writing stating the reasons for the decision. Award of the Contract, if any award is made, shall be made to the Bidder at the Bid price if the Bidder is a responsible Bidder submitting the lowest responsive Bid. 10.6. No Bid may be withdrawn when the result would be the awarding of the Contract on another Bid of the same Bidder or of another Bidder in which the ownership of the withdrawing Bidder is more than five (5) percent. 10.7. If a Bid is permitted to be withdrawn, it shall not be considered in determining the lowest responsive Bid. 10.8. No Bidder who is permitted to withdraw a Bid shall, for compensation, supply any material or labor to or Instructions to Bidders - 10 perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn Bid was submitted. 11. Award of Contract: 11.1. A notice of intent to award the Contract or Contracts or notice of Contract award for this solicitation shall be posted on a public bulletin board located in Syphax. 11.2. The initial term of any Contract awarded shall commence on the date the Contract is fully executed by the Procurement Director/Procurement Agent and expiring on the last day of the twelfth (12th) month following execution of the Contract by the Procurement Director/Procurement Agent (“Initial Contract Term”), unless otherwise stated in the Contract. 11.3. Any Contract awarded may be renewed for a term not to exceed one (1) year (“Renewal Contract Term”) by written notice given by APS at any time prior to thirty (30) Days after expiration of the preceding Initial Contract Term or Renewal Contract Term. No representative of APS has any authority to order, direct or request work after expiration of the Initial Contract Term or Renewal Contract Term and prior to a Renewal Contract Term in strict compliance with the renewal terms herein. APS, at its sole discretion, has the right, but is under no obligation, to exercise this right to renewal not to exceed four (4) Renewal Contract Terms at the same terms and conditions. 11.4. APS, at its sole discretion, may, but is not required to, extend any existing Initial Contract Term or Renewal Contract Term for a period of not more than six (6) months to allow for completion of Work in progress at the time of scheduled expiration of the Initial Contract Term or Renewal Contract Term. If the Initial Contract Term or Renewal Contract Term is not extended, all Work shall terminate at the expiration of the Initial Contract Term or Renewal Contract Term in which it began. 11.5. The Contractor agrees that prices shall remain firm for the Initial Contract Term. If consideration is to be given to adjusting the price after the Initial Contract Term or a Renewal Contract Term, the price may be adjusted only upon approval of a written request to the Procurement Director/Procurement Agent. Upon receipt of the Contractor’s request, APS shall make a determination to approve or adjust the requested price increase based upon its investigations and the information provided by the Contractor. Any price adjustment agreed to shall take place only in accordance with the schedule defined above. 11.6. The request for an adjustment in the price shall include as a minimum, (1) the cause for the adjustment; (2) proposed effective date; and, (3) the amount of the adjustment requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics index, change in manufacturer's price, etc.) 11.7. The request for an adjustment must be received at least thirty (30) days prior to the effective date of the expiration of the Initial Contract Term or Renewal Contract Term and shall become effective only upon approval by the Procurement Director/Procurement Agent. The adjusted price shall not apply to orders received by the Contractor prior to the effective date of the approved increased price. Orders placed via Purchase Order, shall be considered to have been received by the Contractor after the fifth (5th) calendar day following the date issuance. The Procurement Director/Procurement Agent may cancel, without liability to either party, any portion of the Contract affected by the requested adjustment and any materials, supplies or Services undelivered at the time of such cancellation. 11.8. Submission of a Bid by any Bidder to which an award is made, if made, is a certification that the Bidder has exercised due diligence to become familiar with the anticipated conditions at all Project Sites, become familiar with local conditions under which the Work is to be performed, and has examined all Contract Documents. 11.9. All funds for payments by APS under any Contract awarded are subject to the availability of an annual Instructions to Bidders - 11 appropriation for this purpose by the Arlington County School Board (“School Board”). In the event of non-appropriation of funds by the School Board for the Goods or Services provided under the Contract, APS will terminate the Contract, without termination charge or other liability to APS, on the last day of the then current fiscal year or when the appropriation made for the then current year for the Services covered by this Contract is spent, whichever event occurs first. APS will endeavor to provide reasonable Notice of such termination, but no formal notice of such termination is required of APS, and APS shall not order any Goods or Services to be provided after such termination date. 11.10. The form of Contract to be signed by APS, if an award is made, shall be the form included in these Bid Documents and identified as “Agreement”. Two (2) copies of the Agreement shall be signed by the Owner. 12. Construction Safety: 12.1 The Bidder shall include a list of all the following safety violations which have become final in the three (3) years prior to Bid Closing: 12.1.1. Willful violations, violations for failure to abate, or repeated violations, for which the Bidder was cited by: (a) the United States Occupational Safety and Health Administration; (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan of any other state; or 12.1.2. Serious construction safety violations for which the Bidder was cited by: (a) the United States Occupational Safety and Health Administration; (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan of any other state following a report or notification to the Bidder, his agent or employee of such hazard or potential violation by an authorized inspector. 12.1.3. If the Bidder has received or been the subject of no such violations in the previous three (3) years, then the Bidder shall so indicate by sworn affidavit. 12.1.3.1. The sworn affidavit shall consist of a written statement from the Bidder stating they have received no violations listed in 12.1.1 and 12.1.2 above from the United States Occupational Safety and Health Administration, the Virginia Occupational Safety and Health Administration or the occupational safety and health plan of any other state. This statement shall be notarized and included as part of your Bid. 12.2. No Contract shall be awarded to any Bidder who has been the subject of any citations for the violations listed in Section 12.1.1 and 12.1.2 above which have become final in the three years prior to Bid Closing. 12.3. Any Bidder precluded from the award of a Contract by the foregoing provisions may appeal to the Procurement Director/Procurement Agent or his designated representative for an exemption. Such appeal shall be in writing and must be submitted at least seven (7) days within being notified of the preclusion of Contract award. The Bidder may include in the appeal any facts surrounding the violation which may be relevant to the appeal, as well as any safety measures or safety training programs instituted since the violation which precluded the award of a Contract. 12.4. As a Class 2 Mandatory Requirement, Bidders are to submit a written, comprehensive safety and health plan as part of its Bid. 13. Bid Security: No Bid security is required for this solicitation. However, by submitting a Bid the Bidder agrees that if the Contract is awarded to Bidder and Bidder fails to execute the Contract and proceed with performance of the Contract, Bidder will pay to APS the difference between the cost of performance during the Initial Contract Term by the next low responsive, responsible Bidder and what would have been paid to the Bidder for the same Work. Instructions to Bidders - 12 14. Performance and Payment Bonds: No performance bond or payment bond is required for any Contract awarded based upon this solicitation. 15. Quotation Limitations: Bidders shall offer only one (1) item and price for each line item Bid. Alternatives will be accepted only if the Bid Form expressly requests alternates. Violation of this restriction creates unnecessary confusion and will result in the Bid being deemed nonresponsive and eliminated from further consideration. Substitutions will be permitted only if approved as required in these Instructions to Bidders. Insertion of unapproved substitutions creates unnecessary confusion and will result in the Bid being deemed nonresponsive and eliminated from further consideration. A discount price offered for a quantity purchase of the same manufacturer and model is not prohibited, but only the single line item and price in the Bid Form will be considered in calculating the Bid Evaluation Total as set forth in the Bid Evaluation Formula and making any award. 16. Employment of Illegal Aliens: All Bidders are informed that any Contract which may be issued as a result of this solicitation will contain a provision by which the Contractor shall be required to confirm that it does not, and shall not during the performance of the Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986, in compliance with Va. Code. Ann. § 2.2-4311.1. 17. Certification Regarding Criminal Convictions: 17.1 All Contracts with Arlington County School Board, where the Contractor or its employees, or its Subcontractors or their employees, will have direct contact with students on school property during regular school hours, or during school-sponsored activities, shall require the Contractor to certify that neither it nor any of its employees nor any of its Subcontractors’ nor any of its Subcontractors’ employees, who will have direct contact with students, have been: (1) convicted of a felony or of a sexually violent offense as defined in Va. Code Ann. § 9.1-902 as mandated by Va. Code Ann. § 18.2-370.5, (2) convicted of an offense occurring on or after July 1, 2006, where the offender was more than three years older than the victim involving: (a) the rape of a child under age 13 pursuant to Va. Code Ann. § 18.2-61.A(iii), (b) forcible sodomy of a child less than 13 years of age pursuant to Va. Code Ann. § 18.2-67.1.A.1, (c) object sexual penetration of a child under 13 years of age pursuant to Va. Code Ann. § 18.2- 67.2.A.1, or (d) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof. This requirement is applicable without exception for a person convicted of a felony or of a sexually violent offense as defined in Va. Code Ann. § 9.1-902, but for all other offenses set forth above this requirement does not apply unless the qualifying offense was done in the commission of, or as a part of the same course of conduct of, or as part of a common scheme or plan as a violation of: (a) abduction or kidnapping in violation of Va. Code Ann. § 18.2-47.A, (b) abduction with intent to extort money of for immoral purpose in violation of Va. Code Ann. § 18.2- 48, (c) burglary in violation of Va. Code Ann. § 18.2-89, Instructions to Bidders - 13 (d) entering a dwelling house with intent to commit murder, rape, robbery or arson in violation of Va. Code Ann. § 18.2-90, (e) aggravated malicious wounding in violation of Va. Code Ann. § 18.2-51.2, or (f) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof. 17.2 The Contractor certification shall also cover its employees, its Subcontractors and employees thereof, assigned to the Work after Contract award. The Contractor, upon demand from APS, shall provide all information which allowed for the Contractor’s certification 17.3. As a Class 1 Mandatory Requirement, the Contractor shall submit to the Owner a completed Contractor Certification Regarding Criminal Convictions on the form provided at Appendix 1 as an attachment to its Bid. 18. Contractor Prohibited in Assisting Person for New Job if Engaged in Misconduct with Minor: As a condition of being awarded a Contract, and Contract Renewal(s), the Contractor acknowledges it is prohibited from assisting the elected and appointed officials of APS, its officers, current and former employees, agents, departments, agencies, boards, and commissions employee, and contractors, including all levels of subcontractors, in obtaining a new job if the Contractor knows or has probable cause to believe that the elected and appointed officials of APS, its officers, current and former employees, agents, departments, agencies, boards, and commissions employee, and contractors, including all levels of subcontractors, engaged in sexual misconduct regarding a minor or student in violation of law. 19. Additions/Deletions: APS reserves the right to add similar items/Services or delete items/Services specified in any resultant Contract as requirements change during the period of the Contract. APS and the Contractor will mutually agree to prices for items/Services to be added to the Contract. In the absence of agreement, APS shall set the price based on the most comparable previously established unit price. Invoices and payments shall be made based on the price established by APS, with all rights reserved to Contractor to pursue any claim disputing the price. Change orders will be issued for all additions or deletions, in accordance with the approval process contained in the Procurement Resolution 20. News Releases by Contractors: As a matter of policy, APS does not endorse the products or Services of a Contractor. Contractor will not make news releases concerning any resultant Contract from this solicitation without the prior written approval of APS, which approval APS is under no obligation to grant. No news release shall be issued by Contractor regarding any Contract without the prior approval by the Procurement Director/Procurement Agent of the content and format. 21. Bidder Interested in More Than One Bid: If more than one Bid is offered by or on behalf of one party, either directly or by any affiliate or representative, all such Bids shall be rejected. A party who has quoted prices on work, materials, or supplies to a Bidder is not thereby disqualified from quoting prices to other Bidders or firms submitting a Bid directly for the work, materials or supplies. 22. Officials not to Benefit: 22.1. By signing the Bid, the Bidder certifies, that to the best of his or her knowledge no APS official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this Contract. If such a benefit has been received or will be received, this fact shall be disclosed with the Bid or as soon thereafter as it appears that such a benefit will be received. If such a benefit is discovered at any time after award of the Contract, it shall be disclosed immediately to APS. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the Contract made, or could affect payment pursuant to the terms of the Contract. Instructions to Bidders - 14 22.2. Whenever there is reason to believe that a financial benefit of the sort described in Section 22.1 has been or will be received in connection with a Bid or Contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, the Procurement Director/Procurement Agent, as a prerequisite to payment pursuant to the Contract, or at any other time, may require the Contractor to furnish, under oath, answers to any interrogatories related to such possible benefit. 22.3. In the event the Bidder has knowledge of benefits as outlined above, this information should be submitted with the Bid. If the above does not apply at time of award of Contract and becomes known after inception of a Contract, the Bidder shall address the disclosure of such facts to the Procurement Director/Procurement Agent, 2110 Washington Blvd., Arlington VA 22204. Relevant Invitation to Bid Number (see page 1) should be referenced in the disclosure. 23. Expenses Incurred in Preparing Bid: APS shall have no liability for any expense incurred by any Bidder in the preparation and presentation of a Bid. All expenses related to a Bid are the sole responsibility of the Bidder. 24. Jointly Procured Contract for use by Other Public Bodies: Intentionally Deleted 25. Substitutions: 25.1. The name of a certain brand, make, manufacturer, or definite specification is to denote the quality standard of article desired, but does not restrict Bidders to the specific brands, make, manufacturer, or specification named provided that the Bidder has obtained approval of the substitute as required below. It is to set forth and convey to prospective Bidders the general style, type, character and quality of article desired. Whenever in Contract Documents a particular brand, make of material, device or equipment is shown or specified, such brand, make of material, device or equipment shall be regarded as a standard. Any other brand, make of materials, device, or equipment which, in the opinion of the Owner, is recognized as the equal of that specified, and is considered equal in quality, workmanship, design and economy of operation, and is suitable for the purpose intended, will be accepted and may be used in the work if approved as a substitute, except as stated otherwise in Product Requirements. 25.2. Substitute materials proposed as equals to materials specified must be submitted in writing to the Owner, in care of the Procurement Director/Procurement Agent with full substantiating data for evaluation no later than twenty (20) Days prior to Bid Closing. 26. Minimum Qualifications of Bidders: 26.1. Bidders must have a minimum of ten (10) years continuous experience, prior to Bid Closing, in the management and operation of a business engaged in providing the Work, and currently engaged in providing these Services to commercial or public body accounts under Contractor. 26.2. Bidders must provide with their Bid a list of three (3) commercial or public body references for work of a similar nature (multi-sited facilities and various ages of buildings) performed under a term Contractor and which clearly demonstrate the Bidder's ability to successfully perform under any resulting Contract. References must be within the last three (3) years preceding Bid Closing. Please verify the names, addresses, phone numbers and email addresses prior to submitting them as references. 27. Mandatory Requirements: 27.1 The following are Class 1 Mandatory Requirements which must accompany your Bid. Failure to provide any of the following Class 1 Mandatory Requirements with your Bid will result in the Bid being considered non-responsive and not being considered for Contract award: 27.1.1 Inclusion of the Bidder’s current Virginia Class A Contractor’s License number and expiration date which demonstrates the Contractor has the following DPOR classifications and specialties: Instructions to Bidders - 15 27.1.1.1 DPOR classification for Commercial Building Contractor (CBC) or Commercial Improvement Contracting (CIC) 27.1.1.2 DPOR specialty services for Electrical Contractor (ELE). 27.1.2 Completed Bid Form. 27.1.3 If the Bidder is a joint venture, a copy of the written joint venture agreement. 27.1.4 If the Bidder is a partnership, a copy of the written partnership agreement. 27.1.5 Completed Appendix 1 – Contractor Certification Regarding Criminal Convictions. 27.2 The following are Class 2 Mandatory Requirements which should accompany your Bid, but if omitted the Bidder may be given the opportunity to supplement its Bid in accordance with the restrictions set forth below 27.2.1 Pricing Schedule at Appendix 3 in its original Excel format. 27.2.2. A list of any safety violations listed in the Instructions to Bidders, sections 12.1.1 and 12.1.2, from the United States Occupational Safety and Health Administration, the Virginia Occupational Safety and Health Administration or the occupational safety and health plan of any other state which have become final in the three (3) years prior to the Bid Closing Date of this ITB must accompany your Bid; or A sworn affidavit consisting of a notarized written statement from the Bidder stating it has received no violations listed in the Instructions to Bidders, sections 12.1.1 and 12.1.2, from the United States Occupational Safety and Health Administration, the Virginia Occupational Safety and Health Administration or the occupational safety and health plan of any other state must be submitted before Contract Award. 27.2.3 A copy of a comprehensive safety and health plan. 27.2.4 A completed Appendix 2 – Insurance Coverage Checklist, evidencing the required insurance coverages set forth in the Terms and Conditions. 27.3 If a Class 2 Mandatory Requirement is not provided with the Bid of the Apparent Low Bidder, the Apparent Low Bidder will be Notified by the Procurement Office that the omitted Class 2 Mandatory Requirements must be received by the Procurement Office by no later than 5:00 PM on the fifth (5th) business day following the Notice to provide the information. Failure of the Apparent Low Bidder to provide the omitted Class 2 Mandatory Requirements within the stated timeframe will result in the Bid from the Apparent Low Bidder being considered non-responsive and no longer considered for Contract award. The Bid from the Second Apparent Low Bidder will then be considered for Contract award. If any Class 2 Mandatory Requirement is not provided with the Bid of the Apparent Second Low Bidder, the Apparent Second Low Bidder will be Notified by the Procurement Office that the omitted Class 2 Mandatory Requirements must be received by the Procurement Office by no later than 5:00 PM on the fifth (5th) business day following the Notice to provide the information. Failure of the Apparent Second Low Bidder to provide the omitted Class 2 Mandatory Requirements within the stated timeframe will result in the Bid from the Apparent Second Low Bidder being considered non- responsive and no longer considered for Contract award. This process will continue until a Contract, within budget, is awarded, or APS determines it to be in the best interests of APS to reject all bids and cancel the solicitation. Instructions to Bidders - 16 End of Instructions to Bidders Scope of Work - 17 Scope of Work The Contractor shall provide all supervision, labor, tools, equipment, transportation, and permits required for the complete and satisfactory performance of the Work. No “portal-to-portal” charges or fuel surcharges are permitted under the awarded Contract. 1.0 Services: Work performed by the Contractor is limited to Preventive Maintenance, Scheduled Maintenance and Critical Response. There are currently thirty-nine (39) diesel generators and two (2) compressed natural gas (CNG) generators of various sizes located at APS. An Equipment Inventory is listed under Appendix 4. Scheduled Maintenance will require the submission of a detailed, written Not to Exceed Cost Proposal (Cost Proposal) from the Contractor. 1.1 The Preventive Maintenance Program shall include the maintenance of APS generators to ensure dependability. There shall be four (4) Preventive Maintenance Inspections each twelve-month period effective from the date of Contact award. The Contractor shall be responsible for coordinating with the APS Project Manager the exact date of generator service and inspections prior to scheduled events. The four (4) inspections shall include the following: 1.1.1 Electrical System AC & DC 1.1.1.1 All battery cables will be checked, cleaned and tightened as required. 1.1.1.2 Batteries will be checked for correct specific gravity and distilled water added if necessary. NOTE: APS will provide Contractor with batteries to be replaced three (3) years from initial installation. APS will dispose of the old batteries. 1.1.1.3 External battery charger and/or battery charging alternator will be inspected and tested for proper operation. 1.1.1.4 Terminations, control panel, control components, warning systems and emergency shutdowns will be checked for proper operation. 1.1.2 Engine 1.1.2.1 Timing will be checked each visit and adjusted if necessary. 1.1.2.2 Injector system will be checked for proper operation. 1.1.2.3 Fuel tanks inspected for foreign contaminants. 1.1.2.4 Grease will be applied to all fittings. 1.1.2.5 Governor reservoir level, check oil level, record engine oil pressure, inspect for leaks, adjust valves and injectors. 1.1.2.6 Lube oil and filters will be changed annually at a minimum or as specified by manufacturer. 1.1.2.7 Fuel filters will be changed annually. 1.1.3 Cooling System 1.1.3.1 Check entire system for water leaks and test coolant for proper antifreeze mix and level. 1.1.3.2 All hoses, hose clamps and belts will be inspected. 1.1.3.3 Water jacket heater inspected for proper operation. Scope of Work - 18 1.1.3.4 For “Heat Exchangers", the system will be inspected for leaks and checked for proper operation. This will include expansion tank level check plus addition of rust inhibitor with coolant replacement. 1.1.3.5 Air-cooled sets, cooling fins, fans, shrouds, will be inspected, cleaned and checked for proper operation. 1.1.3.6 Flush cooling system and replace the antifreeze in accordance with the manufacturer’s recommendation. Contractor will be responsible for providing new antifreeze and for proper disposal of the old fluid. 1.1.4 Exhaust System 1.1.4.1 Open and drain condensation traps. 1.1.4.2 Check for any exhaust restrictions. 1.1.4.3 Inspect system for leaks, and check all mounting hardware, and tighten if necessary. 1.1.4.4 Check rain cap condition and ensure proper operation when engine is running. Replace rain cap if necessary. 1.1.5 Air System 1.1.5.1 Inspect complete air intake and exhaust systems including louvers or shutters for correct operation whenever generator is running either in MANUAL or AUTOMATIC mode. 1.1.5.2 Engine air filter will be changed annually. 1.1.6 Generator Set 1.1.6.1 Manually operate generator set at NO LOAD and verify that generator is producing rated AC voltage and frequency and that all control panel instruments and gauges are functioning. 1.1.6.2 Unit will be checked for any unusual engine or generator noise, and water, oil or exhaust leaks. 1.1.6.3. The system shall be tested under load on line from building requirements for a period of not less than 30 minutes. All unit panel instrument readings must be recorded during this test. Contractor shall coordinate with site before conducting the test. 1.1.7 Transfer Switch 1.1.7.1 Inspect and test transfer switch to ensure that it automatically starts the generator and is transferring properly, plus all options, such as "time delay emergency to normal," "time delay cool down," "plant exerciser" are performing according to APS's requirements. NOTE: Not all generators have auto transfer. 1.1.7.2 Voltage sensors will be calibrated each time to ensure proper operation. 1.1.8 General 1.1.8.1 Visually inspect the entire unit especially the vibration isolators, duct work, weatherproof enclosures, for worn and/or rubbing parts and components. 1.1.9 The Contractor and the APS Project Manager will mutually agree on a quarterly Preventive Maintenance Inspection schedule to occur every three months following signature of the Contract by the Procurement Director/Agent prior to any work being performed under this Contract. Scope of Work - 19 1.1.10 Reports The Contractor shall submit to the APS Project Manager a detailed report of all readings and activities performed on each generator after each Preventive Maintenance Inspection. This report shall be the means of measuring performance of this work and will recommend corrective maintenance that is not covered by the Preventive Maintenance Program. 1.2 Scheduled Non-Critical Repairs Scheduled Non-Critical repairs shall include work that is beyond the scope of the Preventive Maintenance Program and requires the submission of a detailed, written Not to Exceed Cost Proposal (Cost Proposal) from the Contractor. (See 2.0 Estimates). 1.3 Critical Response Repairs 1.3.1 The Contractor will provide "on-call" critical response service, 24 hours per day, 365 days per year. Such critical response service is acknowledged as being "time is of the essence" and the Contractor shall provide such service within a four (4)-hour or less on-site response time. 1.3.2 The Contractor shall provide an emergency phone number to APS for service required outside of regular business hours. This number shall be monitored and responded to by the Contractor, twenty-four (24) hours a day, seven (7) days a week. 1.3.3 Critical Response Repair work orders may be called in or e-mailed 1.4 Waste Disposal APS will be responsible for disposal of all batteries. The Contractor shall be responsible for disposal of all other waste (oil, filters, antifreeze, etc.) and shall remove all trash and waste produced by each service. No additional charges will be allowed for waste disposal. Disposal must be in accordance with applicable regulations. 1.5 Method Of Payment 1.5.1 Preventive Maintenance Program will be compensated at unit price, per Inspection, at the rate shown in the Pricing Schedule. This unit price shall include all labor, profit, overhead, air filters, fuel filters, lube oil filters, lube oil, antifreeze and all other administrative costs. 1.5.2 Scheduled Non-Critical Repairs will be compensated at the hourly rate shown in the Pricing Schedule. The hourly rate is to include labor, profit, overhead and all other administrative costs. Parts will be reimbursed at actual supplier invoice cost. 1.5.3 Critical Response Repairs will be compensated at the hourly rate shown in the Pricing Schedule for Critical Response Repairs. The hourly rate is to include labor, profit, mileage, overhead and all other administrative costs. Parts will be reimbursed at actual supplier invoice cost. The Contractor shall submit an itemized invoice at the completion of the work. The invoice shall include the Contractor number, purchase order number, description of service, dates of service, project location, parts invoice and warranty information. An APS Representative will verify information before payment is processed. Payment will be issued 30 days after receipt of an approved invoice. No payment will be made for partial services. 1.6 Locations and Equipment APS reserves the right to add or remove locations and equipment as needed. If locations or equipment are added, the Contractor shall provide APS a written estimate for the additional service. If the price is accepted, APS will issue a written amendment to the Contract reflecting the new location and equipment. Scope of Work - 20 1.7 Additional Work/Repairs APS reserves the right to make repairs as needed and to procure services from an additional Contractor if needed. 1.8 Material Safety Data Sheets, List of Chemicals and Products Arlington Public Schools reserves the right to specify treatment protocols, chemical delivery systems, and chemicals to be used by Contractor. Arlington Public Schools reserves the right to specify treatment protocols, chemical delivery systems, and chemicals to be used by Contractor. PS is subject to the Hazard Communication Standard, 29 CFR §1910.1200 (Standard). The Contractor agrees that it will provide, or cause to be provided, Material Safety Data Sheets required under the Standard for all hazardous materials supplied to APS. Such Material Safety Data Sheets shall be delivered to APS no later than the time of actual delivery of any hazardous materials to APS. Container labeling meeting the requirements of the Standard shall be appropriately affixed to the shipping or internal containers. APS reserves the right to refuse shipments of hazardous materials not appropriately labeled, or when Material Safety Data Sheets have not been received prior to or at the time of receipt of the shipment for use by APS or whenever the material is delivered in a manner inconsistent with any applicable law or regulation. 2.0 Estimates: All Schedule Non- Critical Repair work requires the submission of a detailed, written Cost Proposal from the Contractor. 2.1 The Cost Proposals shall be furnished by the Contractor at no charge and are considered an overhead item to be included in the Bid amount using the Job Authorization Form (JAF). 2.2 The Contractor shall inspect the site upon request within four (4) business days after initial contact from the APS Project Manager to ascertain the site conditions and work to be performed. Within two (2) business days of visiting the site(s), the Contractor shall be required to provide a Cost Proposal in the form of a detailed JAF for the entire work to be completed in accordance with the Contract requirements and instructions listed in the Contract, Project Manual and/or drawings. The Contractor shall use the JAF to submit its Cost Proposal. The Cost Proposals are to be detailed, outlining the Contract unit prices and materials. All Cost Proposals shall be based on the unit prices provided in the Pricing Schedule. The unit prices will also be used for additions and/or deletions of work identified in the cost proposal. Unit Prices shall include all labor, tools, profit, and overhead as may be necessary to complete the requested work. 2.2.1 Material will be paid at a percentage discount from a Contractor Provided Manufactures Suggested Retail Price (“MSRP”) List and Rented Equipment will be paid on the actual invoice with no markup. 2.3 Unusual Equipment Requirements If the project assigned requires the use of rental equipment including by way of illustration and not limitation, boom lifts, scissor lifts and backhoes, the estimated costs of the additional equipment and/or services shall be identified in the Contractor’s JAF. If APS accepts the use of rental equipment, the Contractor will be reimbursed for the actual amount of the cost of such equipment with no markup. The Contractor shall make every attempt to obtain the lowest price for rental equipment provided under the Contract. APS reserves the right to have others provide the additional equipment. 2.4 The Contractor is responsible for contacting Miss Utility prior to starting of any excavation work. The Contractor shall mark all intended areas of excavation with white spray paint and / or white flags prior to contacting Miss Utility. Damages to APS property resulting from not contacting Miss Utility prior to beginning excavation shall be the sole responsibility of the Contractor. 2.5 The Contractor is not authorized to start work until receipt of an APS Purchase Order. An APS Purchase Order will be issued after receipt and approval of the Cost Proposal. Any work performed without receiving an APS Purchase Order is not authorized. Scope of Work - 21 2.6 Any Cost Proposal greater than $200,000.00 may be subject to a separate solicitation. 3.0 Materials: 3.1 All materials furnished under this Contract shall be new and original manufacturer’s recommended or authorized replacement parts. Use of manufacturer’s rebuilt parts and/or components shall be authorized by the APS Project Manager and shall carry the same warranty as new parts or components. Use of used parts is strictly prohibited unless specifically authorized by the APS project Officer. Removed materials and equipment shall remain the property of APS unless otherwise indicated by the APS Project Manager. 3.2 Contractor shall make every attempt to obtain the lowest price for materials provided under the Contract. 3.3 The Contractor agrees that APS may, at its option and sole discretion, provide materials or fixtures to the Contractor for installation by the Contractor at the Contract unit prices. 3.4 All material provided to APS shall be fully guaranteed by the Contractor against factory defects. The Contractor, at no expense to APS, will correct any defects, which may occur as the result of either faulty material or workmanship by the manufacturer within the period of the manufacturer’s standard warranty, which the Contractor shall make available on demand. All work is guaranteed by the Contractor against defects resulting from the use of inferior or faulty materials or workmanship for two (2) years from the date of final acceptance of the work by APS in addition to and irrespective of any manufacturer’s or supplier’s warranty. 3.5 All Warranties shall be in effect for the entirety of the Warranty Period, or the manufacturer’s standard warranty, whichever is longer. In the event corrective work is required during the Warranty Period, the Warranty on the repaired Work shall extend for one (1) year from the date of acceptance by APS of the completed repairs. The Warranty shall include all parts, labor, transportation, and any other costs necessary to keep the product in good operating condition but shall not be applicable to damage caused by Owner’s misuse of the item or due to normal wear and tear. If seasonal limitations prevent any required performance testing of the completed Work, the Warranty Period for such Work shall begin after the performance tests have been successfully performed. 3.6 No date other than the date of final acceptance may be established to govern the effective date of the Guaranty, unless that date is agreed upon by APS and the Contractor in a signed Addendum to the Contract. 3.7 Standard tools of the trade and trade consumables shall be available to the Contractor's personnel from their service vehicle. Tools of the trade and other trade consumables are not valid Contract expenses. The cost of consumables (including, by way of illustration and not limitation, solder, caulking, tape, wirenuts, fasteners, gases and other consumable items) are considered administrative expenses. These shall be included as part of the hourly rates bid. 4.0 Personnel: 4.1 The Contractor’s personnel assigned to any resulting Contract shall be equipped with all tools required to perform the job. 4.2 The Contractor shall have sufficient tradesmen available to perform all assigned work under any resulting Contract. 4.3 If any person employed on the work by the Contractor shall appear to the APS Project Manager to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on the request of the APS Project Manager, and shall not again be re-employed (on subject project) except on written consent of the APS Project Manager. 4.3.1 Alcoholic beverages and illegal drugs are prohibited on the job site. Possession of any of these Scope of Work - 22 items on the job site by a Contractor’s employee will result in immediate removal of the individual from the site. 4.3.2 The use of tobacco is prohibited on APS property by anyone at any time. 4.4 APS reserves the right to reject any of Contractor's service personnel who, in APS' judgment, are not adequately qualified to perform the work. 4.5 A Contractor’s vehicle parked at an APS site other than in a parking space or at on-street parking will be clearly labeled with the Contractor’s name. 4.6 When entering any APS building, the Contractors’ employees shall have picture identification. Identification shall include employees' photograph and name. The Contractor’s employees are required to check-in at each location with the Main Office or the Building Manager when reporting to the work site. Prior to leaving a site, the Contractor’s employees will also be required to check-out with the Main Office and/or the APS Project Manager. End of Scope of Work Bid Form - 23 Bid Form Arlington Public Schools Procurement Office Invitation to Bid Title: Generator Preventive Maintenance and Repair Invitation to Bid Number. 23FY23 Invitation to Bid Issue Date: September 13, 2022 Bid Closing Date/Time: October 03, 2022, No Later than 11:59 P.M. (EDT) Bid Opening Date/Time: October 04, 2022, at 10:00 A.M. (EDT) _________________________________________________________________________________ Full Legal Name of Bidder ______________________________________________________ Remittance Address (If different): Address_______________________________________ _______________________________________ ________________________________________________________________________ _____________________________________________________________ _______________________________________________________________ ______________________________________________________ Phone: (______ ) _____________________ Date: __________________________________ Tax ID Number (EIN/SSN): __________________________ Email Address: _________________________ General Instructions: The Bidder is directed to review the Bid Documents and all Contract Documents to understand the requirements for submitting a responsive Bid. All Bids must be submitted on this Bid Form or a copy thereof as defined in the Instructions to Bidders. All blanks in this Bid Form must be completed or noted as not applicable. A notation of “not applicable” or “N/A” shall be used only if the information requested is not a required or mandatory element of the Bid. Include only one (1) price for each line item for which a price is required. A person authorized to bind the Bidder in contractual matters must sign the Bid Form. Failure to comply with these requirements, or with any other requirements stated as mandatory either in the Invitation or in the Instructions to Bidders, shall result in rejection of the Bid as non-responsive unless, in the sole discretion of APS, the omission does not affect price, quantity, quality or time. The Owner has no authority to waive failure to comply with requirements made mandatory by applicable law. A Bid not received prior to the Bid Closing as defined in the Invitation will not be considered. The time a Bid is received shall be determined as stated in the Invitation. The apparent low Bidder(s) will be determined by the Bid Evaluation Total set forth in the Bid Evaluation Formula. Bid Form - 24 Bid Form Payment Terms: APS requires that a minimum of thirty (30) Days after receipt of an approved invoice by APS shall be allowed for payment. Discounts for prompt payment will not be considered in the evaluation of Bids nor in any decision to award or not to award. However, any offered discount will become part of any Contract with Bidder which may result from this solicitation and will be taken if payment is made within the discount period offered in the Bid. In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. For the purpose of earning the discount, payment shall be considered to have been made on the date that appears on the payment check or the date on which an electronic funds transfer for the payment was made. If Bidder provides a prompt payment discount, the terms thereof are as follows: Prompt Payment Terms: __________________________________________________ Please Note: COD Terms are not acceptable. Receipt of Addenda: Receipt of Addenda listed below is acknowledged and the Bid incorporates all requirements of these Addenda: No. Date No. Date No. Date Check which of the Following Categories are Applicable to Bidder: All categories appearing below are as defined in Va. Code Ann. § 2.2-4310 Small Business Yes ______ No ______ Women Owned Business Yes ______ No ______ Minority Owned Business Yes ______ No ______ Service Disabled Veteran Owned Business Yes ______ No ______ Employment Service Organization Yes ______ No ______ None of the Above __________ Minimum Qualifications of Bidders: Number of Years in Business: How many years has the Bidder been in the business of providing the Work? _________________ How many years has the Bidder been in business under its present business name? __________ References: The Bidder must provide at least three (3) commercial or public body references which demonstrate satisfactory performance on past and current Contracts of a similar nature (multi-sited facilities and various ages of buildings). All references must be for work performed within the last three (3) years preceding Bid Closing. For commercial references, provide the firm name, contact name, telephone number, and email address. For public body references, include the same information but instead of the firm name include the public body and the department or agency with which the Bidder contracted. The required information shall be included in the spaces below: Bid Form - 25 Bid Form Name of Commercial/Public Body Department Contact Name Telephone Number Email Address 1. ______________________________ ______________________ _________________ _______________ 2. ______________________________ ______________________ _________________ _______________ 3. ______________________________ ______________________ _________________ _______________ Type of Business: Indicate by placing a check here if a Faith-Based Organization as described in Va. Code Ann. § 2.2-4343.1. ________________ Arlington Public Schools does not discriminate against Faith Based Organizations. The purpose of requiring this information is to permit APS compliance with Va. Code Ann. § 2.2-4343.1.H. Check one of the Following: _____ Individual Trading in Own Name _____ Individual Trading Under Trade Name _____ Partnership _____ Limited Partnership _____ Corporation _____ Limited Liability Company _____ Registered Limited Liability Partnership _____ Joint Venture _____ Other (explain in the space available or indicate an incorporated attachment if additional sheets are necessary) ___________________________________________________________________________________________ ___________________________________________________________________________________________ If doing business under a trade name, both the legal name of the Bidder and the doing-business-as trade name shall appear as the party submitting this Bid in the signature section below. If the Bidder is a joint venture, all members of the joint venture shall sign the Bid Form. State Corporation Commission (SCC) Identification Number: Section 3 of the Instructions to Bidders and § 2.2 4311.2 of the Virginia Public Procurement Act (VPPA) require the Bidder to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise by law. The Bidder shall include in its Bid the identification number issued to it by the State Corporation Commission (SCC). For more information on how the SCC can expedite a request for an identification number, please contact the SCC at (www.scc.virginia.gov ) or the Clerk’s office at 1-804-371-9733. Please complete the following by checking the appropriate line that applies and providing the requested information: 1. Bidder is a Virginia business entity organized and authorized to transact business in Virginia by the SCC. The Bidder’s identification number issued by the SCC is . (The SCC number is NOT your federal tax Identification number nor your eVA registration number). http://www.scc.virginia.gov/ Bid Form - 26 Bid Form 2. Bidder is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such Bidder’s identification number issued to it by the SCC is . 3. Certain limited business activities, however, are specifically excluded from the definition of "transacting business” The Offeror does not have an identification issued to it by the SCC and such Offeror is not required to be authorized to “transact business” in Virginia by the SCC for the following exclusion(s). Exclusion(s) can be found at https://www.scc.virginia.gov/clk/befaq/forinva.aspx#a2. Please attach additional sheets to explain in further detail why such Bidder is not required to be authorized to transact business in Virginia. Bids that fail to submit supporting details regarding option 3 above may be considered non- responsive by APS. Debarment Status: The Bidder shall indicate, in the space provided below, whether or not it, or any of its principals, is/are currently debarred from submitting bids or proposals to Arlington Public Schools, Virginia, to any Virginia state agency or department, to any Virginia public body, or to any other public body at the federal, state or other level in any other state, and whether or not it is an agent of any person or entity that is currently debarred from submitting bids or proposals due to any of the above. An affirmative response may be considered grounds for rejection of the Bid. This statement shall also apply to any Subcontractor(s) the Bidder intends to use in the performance of a resulting Contract. If the Bidder answers yes to any of the following, on a separate attachment, state the person or entity against whom the debarment was entered, give the location and date of the debarment, describe the project involved, and explain the circumstances relating to the debarment, including the names, addresses and phone numbers of persons who might be contacted for additional information. Please mark one: ( ) Yes ( ) No Is the Bidder, or any officer, director, project manager, procurement manager, chief financial officer, partner or owner currently debarred from doing federal, state or local government work for any reason? ( ) Yes ( ) No Has the Bidder, or any officer, director, project manager, procurement manager, chief financial officer, partner or owner ever been debarred from doing federal, state or local government work for any reason? Criminal Conviction Certificate Compliance: Attached to this Bid Form as Appendix 1 and incorporated herein is the Contractor Certification Regarding Criminal Convictions as addressed in the section of the Instructions to Bidders captioned “Certification Regarding Criminal Convictions.” Bidder acknowledges and agrees that if it does not include the executed Appendix 1 Contractor Certification Regarding Criminal Convictions as a part of its Bid its Bid shall be deemed non-responsive. Confirmation of Manufacturers’ Authorization to Repair Brands: N/A https://www.scc.virginia.gov/clk/befaq/forinva.aspx#a2 Bid Form - 27 Bid Form Phone Number for Emergency Response Service: ______________________________________________ This number shall be monitored and responded to by the Contractor, twenty-four (24) hours a day, seven days a week Mandatory Requirements: Class 1 Mandatory Requirements As a Class 1 Mandatory Requirement, the following documents are attached to and made part of this Bid: 1. Contractor’s License information in compliance with Section 27.1.1 of the Instructions to Bidders. 2. Fully completed Bid Form. 4. If the Bidder is a joint venture, a copy of the written joint venture agreement. 5. If the Bidder is a partnership, a copy of the written partnership agreement. 6. Completed Appendix 1 – Contractor Certification Regarding Criminal Convictions. Class 2 Mandatory Requirements The following documents are Class 2 Mandatory Requirements and are: (Please complete the following by checking the appropriate line that applies to providing the requested information) a. _____ attached to and made a part of this Bid, Or b. _____will be supplemented in compliance with the provisions of Paragraph 27.2 of the Instructions to Bidders: 1. Pricing Schedule at Appendix 3 in its original Excel format 2. A list of safety violations in compliance with Sections 12.1.1 and 12.1.2 of the Instructions to Bidders or a sworn affidavit in compliance with Section 12.1.3 of the Instructions to Bidders. 3. A comprehensive safety and health plan in accordance with Section 12.4 of the Instructions to Bidders. 4. A completed Insurance Coverage Checklist evidencing the required insurance coverages set forth in the Terms and Conditions. Contractor’s License: In submitting this Bid, the Bidder certifies that the firm signing this Bid and registered under that name is legally qualified, in accordance with the regulations of the Commonwealth of Virginia, DPOR, Virginia Board for Contractors, to perform all work included in the Scope of Work. A Class A License with a Classification of CBC or CIC is required for this Work. A designation of Specialty Services of ELE is also required. Please complete the following: Registered as a Contractor under Title 54.1, Chapter 11 of the Code of Virginia: Licensed Class _________________________ Virginia Contractor No. ____________________ Valid Until _____________________ Classifications _____________________Specialties: (Date) Bid Form Pricing Schedule Bid Form - 28 FOR INFORMATION ONLY. BIDDERS ARE REQUIRED TO COMPLETE THE EXCEL PRICING SCHEDULE AT APPENDIX 3 Pricing entered is for all supervision, labor, tools and travel required to provide the Work at all APS buildings and are not subject to change for the Initial Contract Term. Price increases for Renewal Contract Terms will be allowed in accordance with the Agreement. Standard tools of the trade are not valid Contractor expenses. (see Section 3.7 of the Scope of Work) Materials and rental equipment will be reimbursed per Section 2.2.1, of the Scope of Work. Award will be made to a minimum of one (1) Bidder who is responsible and provides the lowest responsive Bid Evaluation Total. A price must be entered for each item to be considered for award. If there is a variance between a Price Per Quarterly PM or Unit Price and the Annual Price for Four PM's or Extended Price, the Price Per Quarterly PM or Unit Price will prevail. The Bidder understands and agrees that the quantities listed in the Excel Pricing Schedule at Appendix 3 are for evaluation purposes only and APS is under no obligation to buy any amount as a result of having being awarded a Contract. The Pricing Schedule form below is for informational purposes only. Do not use this form to complete your Bid. Bids must be completed on Appendix 3, the Pricing Schedule, which is an Excel spreadsheet, and uploaded into the Platform. Quarterly Preventive Maintenance Item # Description Generator Make Size Unit of Measure Price per Quarterly PM Estimated Quantity Annual Price for Four PM’s 1 Abingdon Kohler 51 KW Each 4 2 Alice West Fleet MTU 150 KW Each 4 3 Arlington Career Center Katolite 150 KW Each 4 4 Arlington Community H.S. Onan 100 KW Each 4 5 Arlington Science Focus Katolite 85 KW Each 4 6 Arlington Traditional Kohler 80 KW Each 4 7 Ashlawn Katolite 85 KW Each 4 8 Barcroft Katolite 30 KW Each 4 9 Barrett Katolite 40 KW Each 4 Bid Form - 29 Quarterly Preventive Maintenance Item # Description Generator Make Size Unit of Measure Price per Quarterly PM Estimated Quantity Annual Price for Four PM’s 10 Campbell Katolite 85 KW Each 4 11 Cardinal MTU 125 KW Each 4 12 Carlin Springs Katolite 150 KW Each 4 13 Claremont Katolite 85 KW Each 4 14 Discovery MTU 150 KW Each 4 15 Dr. Charles Drew Katolite 85 KW Each 4 16 Dorothy Hamm Katolite 40 KW Each 4 17 Glebe Katolite 105 KW Each 4 18 Gunston Katolite 85 KW Each 4 19 Hoffman-Boston Katolite 70 KW Each 4 20 Innovation Katolite 80 KW Each 4 21 Jamestown Katolite 40 KW Each 4 22 Jefferson Energy Dynamics 1500 KW Each 4 23 Kenmore Katolite 150 KW Each 4 24 Key Katolite 40 KW Each 4 25 Long Branch Katolite 85 KW Each 4 26 Maintenance No. 1 Katolite 400 KW Each 4 27 Maintenance No. 2 Ingersol-Rand 46 KW Each 4 28 Montessori Public School of Arlington Katolite 40 KW Each 4 29 New Directions / Langston H.S. Continuation Katolite 150 KW Each 4 30 Nottingham Katolite 150 KW Each 4 31 Oakridge Katolite 40 KW Each 4 32 Randolph Katolite 40 KW Each 4 33 Swanson Katolite 150 KW Each 4 34 Taylor Katolite 40 KW Each 4 35 The Heights Building Kohler 200 KW Each 4 Bid Form - 30 Quarterly Preventive Maintenance Item # Description Generator Make Size Unit of Measure Price per Quarterly PM Estimated Quantity Annual Price for Four PM’s 36 Tuckahoe Katolite 40 KW Each 4 37 Wakefield Caterpillar 600 KW Each 4 38 Washington Liberty Katolite 2000 KW Each 4 39 Williamsburg Katolite 800 KW Each 4 40 Yorktown No. 1 Katolite 250 KW Each 4 41 Yorktown No. 2 ONAN 175 KW Each 4 Total for Quarterly Preventative Maintenance for Items 1 through 41 Labor Rates Item # Labor Rates Unit of Measure Unit Price Estimated Quantity Extended Price 42 Technician – Regular Time Hour 150 43 Technician – Weekend/Holiday/Overtime Hour 5 44 Technician – Critical Response Hour 1 45 Helper – Regular Time Hour 40 46 Helper – Weekend/Holiday/Overtime Hour 10 47 Helper – Critical Response Hour 1 Total for Labor Rates for Items 42 through 47 Materials Purchases Item # Hypothetical Annual Material Purchases % Discount Estimated Annual Material Purchase Extended Price 48 % Discount from MSRP or Contractor supplied parts list. $12,700.00 Total for Materials Purchases for Item 48 Bid Evaluation Total (Items 1 – 48) Bid Form - 31 FIXED RATE FOR BIDDER OWNED EQUIPMENT The rates for Bidder owned equipment shown below shall be used for all future work that requires their use. Bidders must enter -0- or 0.00 for the unit price if they do not own a piece of equipment. Contractor Owned Equipment Unit of Measure Unit Price Hour $ Hour $ Hour $ Hour $ Hour $ Hour $ RENTED EQUIPMENT The rates for Bidder Rented Equipment will require the actual invoice of the Rented Equipment with no markup. Bid Form - 32 Bid Form Bid Evaluation Formula The award, if made, will be to a minimum of one (1) Bidder who is responsible and provides the lowest responsive Bid Evaluation Total. A price must be entered for each item to be considered for award. If there is a variance between a unit price and the extended price, the unit price will prevail. If APS deems it necessary or in its best interests to make award to more than one (1) Bidder, the additional awards will be made to responsible Bidders submitting responsive Bids in ascending order starting with the second (2) lowest Bid Evaluation Total and continuing until, in the sole discretion of APS, sufficient awards have been made to fulfill the anticipated requirements. In the event multiple awards are made, no minimum percentage of the Work is guaranteed to any Contractor. When multiple awards are made, preference will be given to the Bidder submitting the lowest Bid Evaluation Total in ordering performance, subject to the reasonable discretion of APS in achieving prompt, efficient and acceptable performance. Pricing listed below must match the pricing entered in the Pricing Schedule at Appendix 3 from Cell G22 in the Bid Evaluation Total tab. Bid Evaluation Total In Figures $ _____________________________________________ In Writing _______________________________________________Dollars Bid Form - 33 Bid Form In compliance with the Bid Document and subject to all conditions thereof and attached hereto, the undersigned offers and agrees, if this Bid be accepted within ninety (90) Days from the date of Bid Opening, to enter into a Contract with the Owner in the form of the Agreement included as part of the solicitation on the terms of this Bid and to furnish any and all of the items upon which the prices are quoted, at the price set opposite each item, delivered at the points as specified and as scheduled in any Purchase Order issued by Owner. My signature certifies that the Bidder has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to APS, and that there are no principals, officers, agents, employees, or representatives of the Bidder that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to APS, pertaining to any and all Goods, or Services to be purchased or performed relating to any Contract with APS resulting from this solicitation and Bid. Submission of this Bid constitutes an offer which, if accepted by APS as provided in the Bid Documents, binds the Bidder to execute and perform the Contract. If Bidder refuses to execute and perform any Contract awarded to Bidder by APS in response to this Bid, Bidder is liable to APS for the cost of reprocurement and for any increased cost in obtaining the Goods or Services which are the subject of this Bid. Signature: _____________________________________ (Person signing must be authorized to bind the Bidder in contractual matters) Name: ________________________________________ (Type or Print) Date:_____________________________ Title: ________________________________________ [Add additional signature blocks as necessary to comply with the requirements of the Invitation, the Instructions to Bidders, or this Bid Form.] End of Bid Form Agreement - 34 Arlington Public Schools Procurement Office 2110 Washington Blvd., Arlington, VA 22204 · Phone: (703) 228-6123 · Fax: (703) 841-0681 www.apsva.us Agreement Contract Title: Generator Preventive Maintenance and Repair This Contract 23FY23 is made and entered into this day of , 2022, the date the Agreement is fully executed by the Procurement Director/Procurement Agent, by and between Arlington County School Board, operating as Arlington Public Schools (“APS” or “Owner”) and ______________________________ (“Contractor”), whose address is _________________________________________________________ In consideration of the mutual stipulations, agreements and covenants contained herein, the parties hereby agree as follows: 1. Scope of Work: The Scope of Work for this Contract generally is described as to provide as requested by APS the Goods and Services necessary for Generator Preventive Maintenance and Repair (“the Work”), as set forth in greater detail in Attachment A, Scope of Work. 2. Contract Price: The Contract Price shall be as set forth in Attachment B, Pricing Schedule. APS will not compensate the Contractor for any Goods or Services beyond those included in Attachment B unless those additional Goods or Services are covered by a written Change Order amending this Contract The Contract Prices set forth in Attachment B include all costs, expenses, including reimbursable expenses, to provide the Goods or Services described in this Contract. 3. Contract Documents: The documents which form the entire Contract between APS and the Contractor (“Contract Documents”) are as defined either in this Contract, in the Instructions to Bidders, or in the Terms and Conditions and are as set forth below. 3.1. In the case of a conflict, the order of precedence shall be as follows: 3.1.1. Agreement and all modifications properly incorporated in the Agreement 3.1.2. Attachment A – Scope of Work 3.1.3. Attachment B – Pricing Schedule 3.1.5. Attachment C – Terms and Conditions 3.1.4. Attachment D – Contractor Certification Regarding Criminal Convictions 3.1.6. Attachment E – Sample Purchase Order 3.1.7. Attachment F – Job Authorization Form 3.1.8. Attachment G – Certificate(s) of Insurance 3.1.9. ITB/Associated Documents 3.2. All provisions required by law to be included in this Contract or otherwise applicable to this Contract shall be deemed to be a part of this Contract, whether actually set forth herein or not. Agreement - 35 3.3. The Contract Documents are complementary and what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error, ambiguity or discrepancy in the Contract Documents, it shall immediately, in writing call such conflict, error, ambiguity or discrepancy to the attention of the Owner before proceeding with the Work affected thereby. The Owner will promptly resolve the matter in writing. Work done by the Contractor after such conflicts, errors, ambiguities or discrepancies are discovered, or in the exercise of reasonable care reasonably should have been discovered, prior to written resolution thereof by the Owner shall be done at the Contractor’s expense and risk. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. 3.4. The Contractor will be held to a standard of strict compliance with the requirements of the Contract Documents in the performance of the Work, for giving Notice of any type to the Owner, and for making any submittal required for any purpose. The Contractor acknowledges and agrees that all time requirements set forth in the Contract Documents for any purpose are of the essence. 4. Definitions: All words and terms shall have the meanings and terms assigned to them in the Contract Documents, unless a different meaning is clear from the context. 5. Contract Term: 5.1. The initial term of this Contract shall commence on the date the Contract is fully executed by the Procurement Director/Procurement Agent and expiring on the last day of the twelfth (12th) month following execution of the Contract by the Procurement Director/Procurement Agent (‘Initial Contract Term’), unless otherwise stated as provided in the Contract Documents. 5.2. This Contract may be renewed for a term not to exceed one (1) year (‘Renewal Contract Term’) by written notice given by APS at any time prior to thirty (30) Days after expiration of the preceding Initial Contract Term or Renewal Contract Term. No representative of APS has any authority to order, direct, or request work after expiration of the Initial Contract Term or Renewal Contract Term and prior to a Renewal Contract Term in strict compliance with the renewal terms herein APS, at its sole discretion, has the right, but is under no obligation, to exercise this right to renewal not to exceed four (4) additional one-year periods at the same terms and conditions. 5.3. Unless directed otherwise by APS, any Work in progress at the time of expiration of a Contract term may continue and be completed under the terms of the Contract in existence at the time the Purchase Order for the Work was issued, but must be completed no later than six (6) months following expiration of the Contract term in which the Purchase Order was issued. 6. Contract Price Adjustment: 6.1. The Contractor agrees that prices shall remain firm for the Initial Contract Term. If consideration is to be given to adjusting the price after the Initial Contract Term or a Renewal Contract Term, the price may be adjusted only upon