54644 Exterminating and Pest Control Services.pdf

IFB # 54644 Exterminating and Pest Services 1

CITY OF PETERSBURG, VIRGINIA

INVITATION FOR BID

IFB No. 54644

TITLE: Exterminating and Pest Control Services

ISSUE Date: December 28, 2023

CONTRACT COMMENCEMENT AND EXPIRATION: The contract shall commence on the Commencement Date set forth in the contract for Exterminating and Pest Control Services and shall expire three (3) years later, unless terminated earlier in accordance with the provisions of this Contract.

PERIOD OF CONTRACT: The contract shall commence on the Commencement Date set forth in the contract and expire three (3) years from the Commencement Date.

RENEWAL: The City, at its sole option may renew this Contract for up to two (2) one-year renewals terms by furnishing the Contractor with written notice of its decision to renew at least 60 calendar days before the expiration of the then-current term.

EXTENSION: The City reserves the right to extend the Contract for any reason for a period or periods up to but not to exceed 12 months. This extension may be exercised when the City determines that an extension of the Contract is advantageous to the City.

F.O.B.: Department of Public Works & Utilities-Facility Management Division, 1340 E. Washington Street, Petersburg, VA 23803.

QUESTIONS: Questions must be submitted in writing to the Procurement Office no later than 12:00 p.m. on January 8, 2024. An electronic message may be submitted to purchasing@petersburg-va.org.

If necessary, an addendum will be issued and posted on the City website at http://www.petersburg-va.org/360/Procurement-Office. It is the responsibility of the bidder to download any addenda.

SEALED BIDS WILL BE RECEIVED UNTIL 2:30 P.M. prevailing local time January 18, 2024 in the Procurement Office, Fiscal Management Building, 125 N. Union Street, Petersburg

VA 23803 for the services described herein and publicly opened.

• To join the meeting and view the video from your computer. Please click the following link(s):

• Click here to join the meeting

Meeting ID: 269 225 016 295

Passcode: RsWrSP

• To join the meeting via phone, please see the following dial-in info:

Dial in +1 804-215-0096,,908441066#

Meeting Conference ID: 908 441 066#

Responses to this solicitation may also be submitted electronically through the Commonwealth of

Virginia electronic procurement portal (eVA). For guidance on how to submit your proposal, go to mailto:purchasing@petersburg-va.org file:///G:/RFP's/FY%2015/15-0004/www.petersburgva.gov file:///G:/RFP's/FY%2015/15-0004/www.petersburgva.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjJlMmFlZTktZjdiMi00YzU2LTlmMWYtZjczYWQ5YWZmMWU0%40thread.v2/0?context=%7b%22Tid%22%3a%22915d4a77-8211-456a-97a4-3135fb39c42a%22%2c%22Oid%22%3a%22481c413a-babb-4a5c-a88d-53416c774169%22%7d tel:+18042150096,,908441066#

IFB # 54644 Exterminating and Pest Services 2 https://eva.virginia.gov/supplier-training-materials.html and select the “Respond to IFBs-RFPs and more” PDF located under the heading “Find and Respond to Virginia Business Opportunities

(VBO)”.

If you are an individual with a disability and require reasonable accommodation, please notify:

Procurement Office at (804) 733-2345 three (3) working days prior to need. Bid packages are available in the Procurement Office or from the City’s website at http://www.petersburg-va.org/360/Procurement-Office.

Lisa M. Scott_

Lisa M. Scott Purchasing Agent https://eva.virginia.gov/supplier-training-materials.html http://www.petersburg-va.org/360/Procurement-Office

IFB # 54644 Exterminating and Pest Services 3

TABLE OF CONTENTS IFB NO. 54644

I. PURPOSE 3

II. BACKGROUND 3

III. CONTRACT TERM 3

IV. SCOPE OF WORK/SPECIFICATIONS 3

V. GENERAL TERMS, CONDITIONS AND INSTRUCTIONS 7

VI. SPECIAL TERMS AND CONDITIONS 19

VII. ATTACHMENTS 23

IFB # 54644 Exterminating and Pest Services 4

INVITATION FOR BID No. 54644

Exterminating and Pest Control Services

I. PURPOSE

The intent of this Invitation for Bid is to establish a firm price for all labor, material and equipment provide, if and when ordered, Exterminating and Pest Control Services within the occupied buildings owned by the City of Petersburg in accordance with the Specifications, General Terms and Conditions and Special Terms and Conditions.

II. BACKGROUND

The City of Petersburg is located in the central section of the Commonwealth, 23 miles south of Richmond. It is located at the intersection of Interstate 95, 85 and US Rt. 460. The City has over 23 square miles that are within the City’s jurisdiction.

The City has approximately 50 locations for services to be provided. The City has outsourced this services for numerous years.

III. CONTRACT TERM

The initial term or period of the contract shall be for a three (3) year (36 month) period, with the effective date to be determined at time of award, with the option of two (2) one-year renewal periods.

IV. SCOPE OF WORK/SPECIFICATIONS

A. General requirements:

1. The contractor shall furnish all labor, supervision, equipment, tools, materials, fuel, safety signs, Certificate of Insurance and incidentals required to inspect, identify and treat for the elimination of infestations and presence of various pests, insects, and vermin, which includes but not limited to the following: ants, bees, terminates, centipedes, fleas, mice, rats, roaches, silverfish, spiders, box elder bugs, bedbugs and sting insects on a monthly basis and terminate services on an annual basis in accordance to the Facility Listing (See Exhibit A).

2. The contractor shall provide full treatment pest control, exterminating and termite services for all areas and building specified herein including all offices, closets, lounges, toilets, kitchen hallways, stairwells, basement, attics, laboratories, plus any other building portion or part not specifically described herein on a monthly basis. External services include crawl spaces, around dumpsters, back loading dock area perimeter of buildings, and exit rear doors.

3. The Contractor shall respond to emergency request within one (1) hour of initial notification and shall be on-site four (4) hours after the initial notification from the Facility Management Division.

4. The contractor shall have on hand at all times such equipment as shall permit the contractor to adequately and efficiently perform the service described herein. Replacement shall be at no additional charge to the City.

5. All chemicals used shall confirm to current Federal, State, Occupational Safety and Health Agency

(OSHA) and Virginia Occupational Safety & Health Agency (VOSH) regulations and are to be approved and incompliance with existing Environmental Protection Agency labeling and the use requirements under the Federal Insecticides, Fungicide and Rodenticide Act (as amended). The least amount of

IFB # 54644 Exterminating and Pest Services 5 chemical and least toxic chemical necessary to provide good pest control and good service without harm to humans, food, staff, or furnishings within buildings and/or property is to be applied.

6. The Contractor shall provide forty-eight (48) hour notice to performing monthly pest control, exterminating and annual termite services so that personnel may be available to allow access to the building. Notification shall be made to: Facility Management Division, (804) 733-2411 or email:

fmd@petersburg-va.org.

7. All services shall be performed by uniform commercial applicators in accordance with

Code of Virginia Section 3.2-393, who are fully trained licensed and certified by the Virginia

Department of Agriculture and Consumer Services to apply all pesticides and chemicals. Proof of certification and stated qualifications shall be submitted with the bid submittal. Bids received that do not include certifications and licenses shall be deemed non-responsive. The City reserves the right to reject contractor’s service personnel who, in the City’s judgement, are not adequately qualified to perform the work.

On scheduled service days, the service person will first report to the City’s designated representative of

Facility Management Division, located at Department of Public Works & Utilities-Facility Management

Division, 1340 E. Washington Street, for the purpose of receiving any special requirements over and above the scheduled control operation. After completion of the schedule control operations for the day and any special service requested, the service person shall turn in a signed service ticket for all work accomplished to the designated Facilities Management representative.

8. Coordination and Consultation: The contractor and the City’s designated representative shall meet as soon as possible after the award of the contract to schedule time and days of service and discuss other relevant matters. The contractor shall make available, upon request by the City, a technically qualified person for consultations on Pest and Rodent Control. The City and the contractor shall arrange to conduct meeting and orientation sessions in an effort to improve knowledge of methods and service and discuss problem areas should they exist.

B. Pest Control and Exterminating Service

1. The contractor shall perform regularly schedule pest control and exterminating service visits on a monthly basis and termite service on an annual basis at times that will not interfere with normal business operations. These scheduled days will be determined at the outset of the contract and remain constant throughout the contract unless changed by mutual consent. Except when special services are required, services shall be scheduled to be performed between 8:00 a.m. and 5:00 p.m. five (5) days a week, Monday through Friday. During these scheduled control operations, the contractor will perform additional services to the specified locations that may be required due to sightings, or other similar type requests that are reported to the Department of Facility Management.

2. The contractor initial treatment shall include replacement and installation of a sufficient number of exterior and interior tamper-resistant Rodent Bat Stations deemed necessary for rodent control. All stations shall be inspected upon each visit, signed and dated. As well, general pest control applications shall be performed throughout the entire facility. Special attention shall be given to the kitchen area to control the infestation of ants, roaches and small mice bait stations. The contractor shall supply a written report, which indicates the location of the bait box, date of installation and date of removal.

3. The contractor shall provide Insect Control in the manner below:

a. Apply insecticide with the use of low-pressure pinpoint treatment to cracks and crevices where insects hide or breed.

b. Insecticides shall be applied as a spot treatment. This treatment is limited to areas where

IFB # 54644 Exterminating and Pest Services 6 insect infestations are likely to occur. The “spot”, by law, cannot exceed two square feet. These areas may occur on floors, ceilings, walls and bases or outside of equipment. Only chemicals specifically labeled, as a “spot” treatment shall be used.

c. When and if fogging, or any other treatment that would tend to make an area unsuitable for any given time is deemed necessary, a mutually agreed upon date for such operation shall be established and coordinated with the Department of Facility Management.

Applying insecticide or any other treatment must be in compliance with the Environmental Protection

Agency pest control guidelines.

4. The contractor shall provide Rodent Control in a manner below:

a. Service shall include the following devices placed strategically throughout the buildings where problems exist:

i. Bait-Station: All bait stations shall be “closed bait stations”;

ii. Ketch-all’s;

iii. Glue-boards;

iv. Snap traps.

Mechanical traps, devices and glue-boards will be the primary control measure. When an interior mouse problem exists, snap traps and glue boards shall be placed and alternated within a reasonable distance of runway.

b. It is the responsibility of the pest control operator to check all traps, Ketch-all and glue boards and dispose of all carcasses and live rodents caught when on premises during a service visit. Contractors shall remove and dispose of all dead or dying rodents.

c. Exterior rodent stations shall be used when necessary. These stations shall be all weather bait stations.

They shall be locked for the safety of the public and date sticker affixed. The sticker shall be dated and initiated during each service by the technician, also listing the name of the toxicant used.

d. All bait stations interior and exterior, shall be covered or protected and clearly and plainly marked with the word “poison” in accordance with Federal, State and local regulations.

e. Liquid bate shall not be used.

f. The contractor shall report to the City any unsanitary conditions or unsatisfactory structural situation which could be potential rodent and insect nesting places or harborages.

Applying of any treatment shall be in compliance with the Environmental Protection Agency pest control guidelines.

C. Reports

1. The contractor shall provide all Material Safety Data Sheets for all pesticides, insecticides, and any other treatments used prior to applying treatments.

2. The contractor shall maintain a logbook in the Facility Management Office documenting service reports/tickets. The logbook and service ticket/report shall contain at a minimum the following information:

a. Areas inspected/treated.

IFB # 54644 Exterminating and Pest Services 7

b. Pest of vermin discovered.

c. The location of areas of active or inactive termite infestations.

d. Type and quantity of insecticides, rodenticides, chemicals and devices used.

e. Areas and method of application of insecticides/rodenticides, chemicals and devices used.

f. General comments concerning sanitation/housekeeping conditions.

g. Location of bait box, date of installation and date of removal.

h. Date of service and name of service person(s) performing service.

V. GENERAL TERMS, CONDITIONS AND INSTRUCTIONS

1. Definitions:

a. Acceptance: Acceptance shall mean approval by the Purchasing Agent’s Technical

Representative of contractor’s invoice for services.

b. Bidder: Any individual, company, firm, partnership, corporation, or other organization bidding or solicitations issued by the Procurement Office and offering to enter into contracts with the City. The term “bidder” will be used throughout the solicitation and shall be construed to mean “offeror” where appropriate.

c. City: The City of Petersburg and its authorized representatives and employees.

d. Contract: The signed Contract, stating the Scope of the Contract wherein the Contractor shall provide the goods and/or services to the City as set forth in the Contract Documents.

e. Contract Documents:

(a) The signed Contract;

(b) This Invitation for Bid;

(c) Any Addenda issued;

(d) The Bid; and

(e) Modifications and/or Change Orders issued subsequent to the execution of the

Contract.

f. Contractor: The individual, firm or organization which contracts with the City to perform the

Services. As employed herein, the term "contractor" may refer to an individual, an organization, or to the contractor’s authorized representative.

g. Notice: As defined in Section VI. Paragraph F.

h. Purchasing Agent: The City of Petersburg Purchasing Agent, or her designated representative, who shall serve as the City's contracting officer.

i. Purchasing Agent’s Technical Representative: The City official who serves as the Purchasing

Agent's technical representative for purposes of administering the Contract.

2. The City:

IFB # 54644 Exterminating and Pest Services 8

a. Authority of the Purchasing Agent: The Purchasing Agent shall be the contracting officer for the City, who is authorized to execute this Contract and any Modifications or Change Orders issued pursuant to Section I. No Notice to the City shall be effective unless a copy is delivered to the Purchasing Agent in accordance with the terms of the Contract.

b. Authority of the Purchasing Agent’s Technical Representative: The Contract shall be administered by designated City staff who shall be referred to as "the Purchasing Agent’s

Technical Representative."

c. Additional City Representatives: The Purchasing Agent’s Technical Representative may designate one or more additional representatives to coordinate with the contractor.

3. The Contractor:

a. Licensure: To the extent required by the Commonwealth of Virginia or the City of

Petersburg, the Contractor shall be duly licensed to perform the Services required to be delivered pursuant to this Contract.

b. Key Persons: If any "Key Persons" are identified in the solicitation, those Key Persons shall be directly involved in the performance of Contractor’s Work hereunder. No Key Person shall be changed without the written consent of City unless such Key Person becomes unavailable to perform his or her duties because of death, disability or termination of employment; provided however, that a Key Person shall be removed at City’s request. If a

Key Person is no longer capable of performing in the capacity described in the solicitation, or is removed by the City, the City and the Contractor shall agree on a mutually acceptable substitute.

4. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as non-responsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the bidder withdraw or modify non-responsive portions of a bid which do not affect quality, quantity, price, or delivery.

5. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the Procurement Office no later than January 8, 2024 at 12:00 P.M. Any revisions to the solicitation will be made only by addendum issued by the Procurement Office. All addenda are downloadable from the City web site http://www.petersburg-va.org/360/Procurement-Office. Each bidder is responsible for determining that all addenda have been received and shall acknowledge receipt of all addenda in the space provided within the Pricing Schedule / Bid Response or by returning a copy of each addendum, signed. Failure to do so may result in rejection of the bid. All addenda shall become part of the solicitation and any resulting contracts.

6. QUALIFICATIONS OF BIDDERS: The City may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect bidder's physical facilities prior to award to satisfy questions regarding the bidder's capabilities. The City further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

IFB # 54644 Exterminating and Pest Services 9

7. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

8. BID SUBMISSION INSTRUCTIONS AND PREPARATION

1. GENERAL INSTRUCTIONS:

In order to be considered for selection, Bidders must submit a complete response to the IFB.

Bids may be submitted electronically through eVA or by U. S. Mail, overnight service or hand delivery.

A. Electronically through eVA

a. For guidance on how to submit a bid, go to https://eva.virginia.gov/supplier-training-materials.html and select the “Respond to IFBs-RFPs and more” PDF located under the heading “Find and Respond to Virginia Business Opportunities (VBO)”.

b. If the Bidder determines that part or parts of its bid are trade secrets or proprietary information that is not be open to public inspection, the Bidder must submit an additional copy of its bid that eliminates such part or parts. This copy shall be identified with the words “REDACTED COPY”.

B. U. S. Mail, overnight service or hand delivery

All bids must be sealed and labeled on the outside of an opaque envelope or package to show the following:

a. Title of Bid

b. Name of Bidder

c. Address of Bidder

d. IFB Number

e. Receipt and Closing Date

Failure to do so may be cause for rejection.

2. BID PREPARATION:

A. Submit the original and one (1) copy of the bid response sheet and all exhibits.

B. Bids on separate bid invitations must not be combined on the same from or placed in the same envelope. Such bids may not be considered.

C. All bids submitted shall have included in the price the cost of any business or professional licenses and permits or fees required by the City of Petersburg or the

Commonwealth of Virginia.

E. If unable to bid, please sign and return the bid response form by return mail, advising reason for not submitting bid.

IFB # 54644 Exterminating and Pest Services 10

F. All forms, blanks and questions must be completed. Failure to do so may be

Cause for rejection of bid.

G. The Procurement Office will neither accept oral bids nor accept bids received by telephone, fax, or electronically. Unless otherwise specified, bidders are to use the

Bid Response Form, attached.

H. Bids received after the due date and time will be deemed nonresponsive and returned to the bidder unopened. The time bids are received shall be determined with reference to the Procurement Office Official Clock. Bidders are responsible for ensuring that their bids are received and stamped by Procurement Office personnel by the deadline indicated.

I. In the event the City offices are closed due to inclement weather and/or emergency situations at the time set aside for a pre-bid conference and/or the advertised bid opening, the conference and/or opening date will default to the next open business day at the same time and location.

J. No bid shall be altered or amended after the specified time for opening.

9. BID ACCPETANCE PERIOD: Any bid in response to this solicitation shall be binding for ninety

(90) days from the date of opening, unless extended by mutual consent of the parties.

10. PRICES: Unless total sum price is specifically requested, unit and extended prices should also be given. Failure to do so may cause bid not to be considered. In case of error in extension of prices in the bid, the unit prices shall govern.

11. ROYALTIES, PATENTS, COPYRIGHTS, AND TRADEMARKS: Whenever the Contractor is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Contractor shall indemnify and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, device, tool, material, equipment, or process to be performed under this Contract, and shall indemnify the City, its officers, agents, authorized representatives, and employees for any costs, expenses and damages which may be incurred by reason of any such infringement at any time during the prosecution and after the completion of the Work.

12. BRAND NAMES OR APPROVED EQUALS:

a. The items called for in this bid have been identified by a “brand name or approved equal” description.

Such identification is intended to be descriptive, but not restrictive, and is to indicate the standard of quality and characteristics of products that will be satisfactory. Bids offering “equal” products including products of the brand name manufacturer other than the one described by brand name will be considered for award provided such products are clearly identified in the bid response and documentation of its equivalency is included with the sealed bid, and the City of Petersburg makes one of the following determinations:

(a.) The product fully meets the salient characteristics requirements referenced in the bid, or

(b.) The product meets materially all characteristics of the specified item in the bid.

Unless the bidder clearly indicates in the bid that he is offering an “equal” product, such bid will be considered as offering the brand name products referenced in the bid.

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If the bidder proposes to furnish an “equal” product, the brand name and model number of the product to be furnished shall be inserted in the space provided in the bid. The bidder shall submit prior to or with the sealed bid a true and exact sample for each “equal” product so noted in the bid. The evaluation of bids and the determination as to equality of the product offered will be the responsibility of the City of Petersburg and will be based on information furnished by the bidder on his bid.

13. REQUIREMENTS CONTRACTS:

a. Whenever a bid is sought seeking a source of supply for a requirements contract for goods and/or services, the quantities or usage shown are estimates only. No guarantee or warranty is given or implied by the City of Petersburg as to any minimum or total amount that may or may not be purchased from any resulting contracts.

b. The City reserves the right, at its sole option, to renew the contract for consecutive terms.

c. The City reserves the right to award bids for requirements contracts based on the pricing of the initial term of the contract or any combination of initial and renewal terms.

d. The City may award a bid to a single contractor or to multiple contractors.

e. The City reserves the right not to renew the contract at the end of the initial term or any subsequent term.

f. The City reserves the right to terminate the contract upon written notice to the contractor(s) within 60 days.

g. In the event that a requirements contract is awarded for goods and/or services, the City reserves the right to bid individual bulk purchases if the City deems it will best serve its interest.

h. It is understood and agreed to between the parties in a resulting contract that the City of

Petersburg shall not be obligated to purchase or pay for materials under such contract unless and until they are ordered and delivered.

i. Bids based on a firm price or those including a "downward escalator" clause for a requirements contract term may be given preference over lower ones bearing an "escalator" clause.

j. The City reserves the right to extend this contract up to and not to exceed one hundred eighty

(180) days following the last term of renewal.

14. DESCRIPTIVE MATERIAL: The Procurement Office is not responsible for locating or securing any information which is not included in the bid. Accordingly, to insure that sufficient information is available, the bidder shall furnish as part of his bid all descriptive material (such as catalog cuts, illustrations, drawings, specifications, or other information) necessary for the Procurement Office to:

(A.) determine whether the product offered meets the salient characteristic requirements of the bid, and (B.) establish exactly what the bidder proposes to furnish and what the City would be binding itself to purchase by making an award.

15. MATERIAL SAFETY DATA: A material safety data sheet (MSDS) is required to be submitted to the City, for all chemicals proposed to be furnished in the performance of the services, or the provision of goods, which are the subject of this procurement transaction. The MSDS must list all ingredients which constitute more than one percent (1%) of any product, or more than one-tenth

IFB # 54644 Exterminating and Pest Services 12 percent (0.1%) for any known or suspected carcinogens. The MSDS must identify each product by its common or chemical name, provide physical and chemical characteristics of any hazardous materials or hazardous components, list any known acute or chronic health effects, specify exposure limits, and list any necessary or recommended precautionary measures and emergency and first aid procedures.

16. SAMPLES: Samples of items, if requested, shall be furnished without charge and if not destroyed shall, upon request within sixty (60) days after the bid opening, be returned at the bidder’s expense.

After sixty days, unclaimed items will become the property of the City of Petersburg.

17. TIME and POINT OF DELIVERY / DELIVERY TERMS: Time of proposed delivery should be stated in number of calendar days. General terms such as “stock”, “immediately”, and “as soon as possible”, may be cause for rejection. Unless otherwise specified, quote earliest delivery date as it may be considered a factor in making the award. All items shall be delivered F.O.B. destination, and freight, delivery costs, and incidental charges shall be included in the bid price(s). Failure to do so may be cause for not making an award to the bidder. The bidder shall assume all liability and responsibility for the delivery of merchandise in good condition to the specified delivery location(s).

18. TESTING AND INSPECTION: The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

19. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for F.O.B. destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

20. TAXES: (a.) All bids shall be submitted exclusive of direct Federal, State and Local Taxes. However, if the bidder believes that certain taxes are properly payable by the City, he may list such taxes separately in each case directly below the respective item bid price. (b.) The City is exempt from payment of Sales and Use Tax on all tangible personal property purchased or leased for its use or consumption. (c.) Materials used in the performance of construction contracts are subject to Virginia

Sales/Use Tax; bidders shall consider the tax liability in preparing their bid. (d.) Certificate of exemption will be furnished upon request.

21. LICENSES, PERMITS, AND FEES: All bids submitted shall have included in price the cost of any business and professional licenses, permits, or fees required by the City of Petersburg or the

Commonwealth of Virginia. The Contractor shall be responsible for obtaining all necessary permits and for payments of all fees for work performed under this contract.

22. AWARD CRITERIA: The City reserves the right to make multiple awards as a result of this solicitation. The award(s) will be made to the lowest responsive and responsible Bidder(s) meeting the requirements of the solicitation. Due consideration will be given to previous experience, and the ability of the bidder to render the required services. The Procurement Office reserves the right to conduct any test it may deem advisable and to make all evaluations. The City reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest. Bids will be tabulated, evaluated and awarded on a “Grand Total” basis.

22.1 Additional Award Criteria: The following factors in addition to price (as they apply) shall be a consideration in the award decision:

a. The ability to provide references which may substantiate past work performance and experience in the type of work required for the contract. The lowest responsive bidder(s) may

IFB # 54644 Exterminating and Pest Services 13 be required to furnish a contractor qualifications statement, to include additional references, prior to any such award. The City may contact all references furnished by bidders. The right is further reserved by the City to contact references other than, and/or in addition to, those furnished by the bidder. If, in the sole opinion of the City, a bidder is determined to be non-responsible as a result of any investigation conducted by or for the City, award will not be made to that bidder.

b. The quality of performance/workmanship of previous contracts for goods and/or services delivered to or performed for the City.

c. The timely completion of previous contracts for services or the timely delivery of past orders for goods.

d. The sufficiency of financial resources and its impact on ability of the bidder to perform the contract or provide the services.

e. The City reserves the right, at its option, to conduct on-site inspections of any bidder's facilities prior to award. The results of any such inspection will be considered by the City in determining bidder's capabilities of successfully administering the contract.

f. The ability and availability of the bidder to provide quality and timely maintenance, service, and/or parts.

g. The availability and capability of local and regional vendor support as it affects the quantity, quality, and timeliness of the goods and/or services.

h. Timely delivery of goods or timely completion of services as stated by bidder.

i. Substantial compliance or noncompliance with specifications set forth in bid as determined by the City.

j. Inventory capability as it relates to a particular bid.

k. Results of product testing.

The successful bidder will receive a Purchase Order and/or Contract. In accordance with Virginia law, notice of award will be posted on the Procurement Office Bulletin Board and The

Commonwealth of Virginia electronic portal eVA. Bid results will be posted on the Commonwealth of Virginia electronic portal eVA. Requests for bid results must be made in writing and a self-addressed stamped envelope is required. The City reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award. Bids making exceptions to terms and conditions included in this invitation may be considered, but preference may be given to those who do not make such exceptions.

23. AVAILABILITY OF FUNDS: It is understood and agreed between the parties that the City shall be bound hereunder only to the extent of funds appropriated and available or which my hereafter become appropriated and available for the purpose of this agreement.

24. BILLING and PAYMENT: The Contractor shall submit itemized invoices in duplicate identifying each item billed by the item number used beside each item in this invitation, and the contract number assigned this contract upon its award. It is further understood and agreed between the parties to any agreement resulting from this bid invitation that the City shall not be obligated to purchase or pay for commodities, supplies, equipment or services covered by this agreement unless and until they are ordered, delivered or performed.

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25. FINANCE CHARGES: Finance charges imposed by the Contractor on any invoice shall not be paid by the City.

26. PAYMENT OF SUBCONTRACTORS: The Contractor agrees to take one of the two following actions within seven (7) days after receipt of amounts paid to the Contractor by the City for work performed by a subcontractor under this contract:

a. Pay the subcontractor for the proportionate share of the total payment received by the

Contractor attributable to the work performed by the subcontractor under this contract; or

b. Notify the City and the subcontractor, in writing, of the Contractor's intention to withhold all or part of the subcontractor's payment with the reason for nonpayment.

The Contractor shall pay interest to the subcontractor on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment for work performed by the subcontractor under this contract, except for amounts withheld as allowed in (b.) above. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month. The interest charge shall not be deemed an obligation of the City, and a cost reimbursement claim may not include any amount for reimbursement for such interest charge.

The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tiered subcontractor.

27. GENERAL GUARANTY: Contractor agrees to:

a. Save the City, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or un-copyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of the contract for which the contractor is not the patentee, assignee, licensee or owner.

b. Protect the City against latent defective material or workmanship and to repair or replace any goods damaged or marred in transit or delivery.

c. Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her work or to the work of other contractors, for which his or her workers are responsible.

d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the City.

e. Protect the City from loss or damage to City owner property while it is in the custody of the

Contractor.

28. SERVICE CONTRACT GUARANTY: Contractor agrees to:

a. Furnish services described in the solicitation and resultant contract at the times and places and in the manner and subject to conditions therein set forth provided the City may reduce the said services at any time.

b. Enter upon the performance of services with all due diligence and dispatch, assiduously press to complete performance, and exercise therein the highest degree of skill and competence.

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c. All work and services rendered in strict conformance to all laws, statutes, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices and other agents.

d. Allow services to be inspected or reviewed by and employee of the City at any reasonable time and place selected by the City. The City shall be under no obligation to compensate the

Contractor for any services not rendered in strict conformity with the contract.

e. Stipulate that the presence of a City Inspector shall not lessen the obligation of the Contractor for performance in accordance with the contract requirements, or be deemed a defense on the part of the contractor for infraction thereof. The Inspector is not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the Contract Documents. Any omission or failure on the part of the Inspector to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material. Notification of an omission or failure will be documented by the Purchasing Agent.

29. CHANGES TO THE CONTRACT: The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

30. ASSIGNMENT OF THE CONTRACT: The contract shall not be assignable by the Contractor in whole or in part without the written consent of the City.

31. TERMINATION FOR DEFAULT: The Contractor shall be considered in default if he fails to perform in accordance with the terms of the contract. In such event, a “notice to cure” will be issued advising the Contractor that the non-performance is a breach of contract and if not corrected immediately upon notice, the City may terminate the contract and hold the Contractor responsible for any excess costs; except where non-performance was caused by an act of war, order of legal authority, act of God or strikes, or other unavoidable cause not attributed to the fault or negligence of the

Contractor. The City may terminate the contract immediately, without prior notice to the Contractor, if the Contractor fails to maintain any of the insurance coverages required herein.

32. CANCELLATION: The City reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. Any contract cancellation notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

33. BANKRUPTCY: If Contractor should be adjudged bankrupt, or make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of the Contractor's insolvency, then the City may without prejudice to any other right or remedy, and after giving the Contractor seven (7) calendar days written notice, terminate this contract and procure such goods or services from other sources. In such event, Contractor shall be liable to the City for any additional cost occasioned by such failure or other default. In such cases, contractor shall not be entitled to receive any further payment. If the expense of finishing the contract requirements, including compensation for additional managerial and administrative services shall exceed the unpaid balance of the contract price, the Contractor shall pay the difference to the City.

34. INDEMNIFICATION: The Contractor shall indemnify, defend, reimburse and hold the City and its officers, employees, and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant federal state or municipal law or ordinance, or other cause, in connection with the negligent or intentional acts or omission of the Contractor, its employees, subcontractors or agents, or on account of the negligent performance or character of the

IFB # 54644 Exterminating and Pest Services 16 work performed in breach of applicable standards of care, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees or agents. It is understood that the Contractor shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve the contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

35. SMALL BUSINESS, and MINORITY-, WOMEN-, and SERVICE DISABLED VETERAN-

OWNED BUSINESS: The City of Petersburg actively solicits small, and minority-, women-, and service disabled veteran-owned businesses to respond to all Invitations for Bids and Requests for

Proposals, and if not already on the City’s Bidder’s Mailing List, you may request application for inclusion on the list. Please contact the Procurement Office at (804) 733-2345 and request an application, or download one from the City’s website www.petersburg-va.org.

36. NO DISCRIMINATION AGAINST FAITH-BASED ORGANIZATIONS:

The City of Petersburg does not discriminate against faith-based organizations as that term is defined in § 2.2-4343.1 of the Code of Virginia of 1950, as amended.

37. DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to (a.)

provide a drug-free workplace for the contractor's employees; (b.) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (c.) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (d.) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

38. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia

Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With

Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Code of Virginia of 1950, as amended. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of Virginia of

1950, as amended, § 2.2-4343.1E).

In every contract over $10,000 the provisions in A. and B. below apply:

a. During the performance of this contract, the Contractor agrees as follows:

(a.) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

http://www.petersburg-va.org/

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(b.) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such contractor is an equal opportunity employer.

(c.) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

b. The Contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

39. NONDISCRIMINATION TO CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the City has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the City shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

40. IMMIGRATION REFORM & CONTROL ACT OF 1986: By submitting a bid, bidders certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

41. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this solicitation, no indication of such sales or services to the City of Petersburg will be used in product literature or advertising. The Contractor shall not state in any of its advertising, product literature or web site that The City of Petersburg has purchased or uses any of its products or services, and the contractor shall not include The City of Petersburg in any client list in advertising and promotional materials.

42. GOVERNING LAW: Any contract resulting from this solicitation shall be governed by the provisions hereof and by the laws of the Commonwealth of Virginia. Any dispute arising out of this

Contract shall be resolved in the Courts of the Commonwealth…