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 | Board of Visitors minutes January 31, 1986 |  |
SECTION 3 SPECIAL PROVISIONS
3.1 The right is reserved by the University to reject any or all bids, and to waive any formal requirements as the interest of the University may require. No bidder may withdraw its bid within thirty (30) days after the formal opening thereof. Acceptance of any bid will be subject to approval of submittal data.
3.2 Bidder must allow sufficient time for all bids, either mailed or hand-carried to reach this office by the date and time indicated for the bid opening. Late bids, including those post-marked prior to the bid opening date will not be considered.
3.3 This contract is to be in force for a period of twelve (12) months, commencing January 2, 1985 and terminating on January 1, 1986.
Cleaning in each building will commence as follows:
| Clark Hall | January 2, 1985 |
| Alderman Library | January 2, 1985 |
| Health Sciences Library | January 2, 1985 |
| Clemons Library | January 2, 1985 |
3.3.1 The University shall have the option to extend the term of the contract for an additional twelve-month period from January 2, 1986 to January 1, 1987. Exercise of such option shall be made by the University, if at all, by written notice of same mailed or delivered to the contractor on or before July 1, 1985.
3.3.2 If the University elects to extend the contract to January 1, 1987 as described above, the University shall have the option to extend the term of the contract for an additional twelve-month period from January 2, 1987 to January 1, 1988. Exercise of such
3.4 The University shall have the right at any time to terminate the contract upon sixty (60) days written notice to the contractor and, if termination is under this provision, without further liability to either party.
3.5 In view of the policy of the University with respect to endorsement of products, materials or equipment of any manufacturer, the contractor shall not permit endorsements by photographs or written statements involving the University without prior written approval of the University through the Building Services Division.
3.6 All work under the contract shall be subject to inspection by the University's Building Services Division Superintendent, or his representative(s), in accordance with Section 5.10.5 to determine whether all phases of the contractor's performance are in strict compliance with all specifications. Absence of such inspection, or failure to detect noncompliance shall not relieve the contractor of responsibility for noncompliance.
3.7 Because of the acute shortage of parking space, the contractor's personnel will be required to park in those parking areas where assigned by the University, and be responsible for obtaining necessary parking permits through the Department of Parking and Transportation Services. Failure of contractor's employees to park their personal automobiles where assigned may result in parking violations or the vehicles may be towed and held until towing charges are paid, by contractor.
3.8 The University shall not be responsible for losses of contractor's supplies, tools, or equipment. The contractor shall be responsible for providing proper identification and security for such items at its own expense.
3.9 The contractor will be responsible for all damages to University property caused by his employees. Such damage shall be repaired promptly by the contractor to the satisfaction of the University at no expense to the University.
3.10 The contractor shall be responsible for payment for all of his payrolls including withholding taxes, social security, unemployment compensation insurance, and for payment of his public liability insurance and employee bonds.
3.11 Payment for services shall be made to the contractor once a calendar month within the normal payment period of the University, after receipt by the University of an invoice consisting of an original and two (2) copies in which the contractor certifies that all work for the month has be performed in accordance with the specifications and states the amount due. Each payment shall be only for documented services rendered. The same payment procedure shall remain the same for any annual contract thereafter.
- 3.12 Without in any way limiting the University's remedies at law or equity in the event of breach by the contractor, the failure of the contractor to perform the services specified, with the specified frequency, and according to the Specifications contained herein, shall constitute breach of contract by the contractor, entitling the University to any of the following remedies:
- (a) If the breach is substantial and is not cured by the contractor within 5 days after written notice by the University, the University may terminate the entire contract and recover all damages caused by the contractor's breach;
- (b) The University may hire another firm to perform the services which were not properly performed by the contractor, and require the contractor to reimburse the University for all amounts the University pays such other firm in excess of the contract price of the services, plus all additional expenses incurred by the University as a result of the contractor's breach.
- (c) The University may have its own maintenance employees perform the services which were not properly performed by the contractor, and require the contractor to reimburse the University for the wages paid University employees in excess of the contract price while performing the services, plus all additional expenses incurred by the University as a result of the contractor's breach; or
- (d) The University may deduct from the amount it owes the contractor the contract price of all services which were not properly performed by the contractor, plus any additional expenses incurred by the University as a result of the contractors breach.
(as used in this Section 3.12, the "contract price" for services not properly performed shall be calculated as the percentage of the total bid price for that item of service, as
- 3.13 The University reserves the right to modify the quantity or frequency of service needed in certain areas as circumstances may require. In the event that circumstances make such a modification necessary, the University may elect to either:
- (a) Require that the contractor submit in writing to the Department of Physical Plant a change order showing the change in man-hours required and the additional cost or credit shall reflect a percentage change in the cost as shown on the Schedule of Services and Prices equal to the percentage change in the quantity or frequency of service resulting from the modification; or
- (b) Use such price for the item of modified service as the University and the contractor may agree.
3.14 Any quantities of work to be done and materials to be furnished under the specifications are approximate only and the owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. The contractor shall perform a complete and finished job, whether the final quantities are more or less than those estimated.
3.15 The rights and duties of the contractor under this contract shall not be assigned or delegated without prior written consent of the University.
3.16 No specification herein contained shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
3.17 This document, including all specifications herein contained, constitutes the entire Agreement between the contractor and the University with respect to the contractor's providing of custodial services for the University. This Agreement entirely supersedes and renders void all prior oral or written agreements between the parties. No waiver, modification, or amendment of any of the terms or specifications herein contained shall be effective unless set forth in writing and signed by the contractor and the University.
3.18 During the performance of this contract, the contractor agrees to comply with the provisions of the Virginia Fair Employment Contracting Act, a copy of which is attached hereto.
3.19 Before commencing custodial services, the contractor shall deliver to the University a performance bond in form approved by the University, covering all performance hereunder by the contractor; the performance bond shall be in the amount of the total annual contract price. The bond shall be delivered not more than fourteen (14) days after award of the custodial service contract. The sureties of all bonds shall be of such security company or companies as are approved by the University and are authorized to transact business in the Commonwealth of Virginia. In the event this contract is extended, the contractor shall furnish a new performance bond encumbering any
3.20 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
| Board of Visitors minutes January 31, 1986 | |