831460mowPort.pdf

Invitation for Bids (IFB)

INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ)

IFB # 53-26-SKL

GROUNDS MAINTENANCE

SERVICES FOR FIRE STATIONS

ISSUE DATE: June 30, 2026

IFB NO. #53-26-SKL

TITLE: GROUNDS MAINTENANCE SERVICES FOR FIRE STATIONS

ISSUING AGENCY:

City of Portsmouth Purchasing Office 80 I Crawford Street, 5th Floor Portsmouth, VA 23704

NOTE: Bidder is required to complete enclosed W-9 form and return with bid response. Bids not inclusive of a completed W-9 may not be considered.

Period Of Contract: Date of award for two (2) years with the option of (three (3) one-year renewals).

Electronic Bids only, paper proposals will not be accepted. Electronic proposals will be accepted on eVa.virginia.gov the Commonwealth of Virginia e-procurement site until Tu e s d a y July 21, 2026 ,@2:00PM. EST. Bids will be publicly opened and read aloud on the next day on virtual teams meeting link provided below at 3:00pm EST.

Any Bids received after the specified time and date will not be considered. Teams meeting link :

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDE0YWVhMDgtMTU3OS00NmEzLWFiMjYtMmQ3N2I0Nzc0OWQ2%40thread.v2/0?con text=%7b%22Tid%22%3a%22c77db4d8-a0f5-454a-92c1-b7d84c64fd44%22%2c%22Oid%22%3a%22cfc6c582- 38b3-4329-838c-cb5bb40c43f8%22%7d

The deadline for questions will be Monday Thursday July 9, 2026 @4:00PM EST, All Inquiries for information shall be directed to: Contract Specialist III, Susan Kenney-Lambert via email lamberts@portsmouthva.gov and copy City_purchasing@portsmouthva.gov

In compliance with this Invitation For Bids (IFB) and all conditions imposed in this IFB, the undersigned firm hereby offers and agrees to furnish all goods and services required by this JFB at the prices indicated in the pricing schedule, and the undersigned firm hereby certifies that all information provided below and, in any schedule, attached hereto is true, correct, and complete.

* Virginia Contractor License No. _

Class: Specialty Codes: _

Name And Address Of Firm:

Zip Code: _ Federal ID: ___________ E-mail Address________________

DSBSD-certified Small Business No.______________________

Date: _ By:

(Signature In Ink) Name: _

(Please Print) Title: _ Telephone Number: _

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state mailto:lamberts@portsmouthva.gov law relating to discrimination in employment. Faith-based organization may request that the issuing agency not include subparagraph 1.c in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

Bid Submission Instructions

Bids may be submitted electronically online via eVa.virginia.gov using the Bidder's established eVa Supplier Account. The entire bid response including any/ all attachments and any /all addenda must be submitted electronically in eVa no later than the closing date and time stated on the electronic solicitation posting.

To learn how to submit on online bid in eVa please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.htm1

The link to the video "Viewing and Responding to Solicitations " can be found on the Supplier Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekWO

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVa by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of technical difficulties, suppliers should contract eVa Customer Care at 1-866-289-7367 or via email at eVaCustomerCare@DGS.Virginia.gov.

https://eva.virginia.gov/supplier-training-materials.htm1 https://www.youtube.com/watch?v=KSxcAkOekWO mailto:eVaCustomerCare@DGS.Virginia.gov

TABLE OF CONTENTS

I. PURPOSE

II DEFINITIONS AND ABBREVIATIONS……………………………………….5

III. SCOPE OF WORK

IV. OPTIONAL PRE-BID CONFERENCE ....................................................... ……8

V. PRICING SCHEDULE…………………………………………………………….7

VI. GENERAL TERMS AND CONDITIONS…………………………………….9

VII. SPECIAL TERMS AND CONDITIONS…………………………………….18

VIII. METHOD OF PAYMENT………………………………………………………20

Attachment A - Bidder Data Sheet

Attachment B- Ethics Agreement

Attachment C - State Corporation Commission Form

ADDITIONAL FORMS:

Attachment D- Form A-S/SDV Business Subcontracting Plan.

Attachment E-Statement of Intent to work without Subcontracting.

Attachment F- Minority-Woman Owned Business Good Faith Efforts Documentation

Attachment G- Letter of intent to perform as a subcontractor or subconsultant or to provide services-supplies

I. PURPOSE

The City of Portsmouth is soliciting bids from qualified bidders to establish an ID/IQ Indefinite Quantity/Indefinite Delivery contract to provide Grounds Maintenance services to City of Portsmouth Fire Stations on a seven (7)-Day Cycle frequency (to be mowed every seven (7) days).

This contract shall be for a period of Two ( 2) years with the option of three (3) additional renewal periods annually, for a total of five (5) years.

II. DEFINITIONS AND ABBREVIATIONS

The following definitions of terms are used herein:

1. The term "City" refers to the City of Portsmouth.

2. The term "Bidder" refers to the person, firm, or company that provides a response to this bid and who may or may not be successful in achieving an opportunity to negotiate for the final award of a contract.

3. The term "Contractor" means the Bidder to which the contract will be awarded.

4. ID/IQ Indefinite Quantity/Indefinite Delivery

Ill. SCOPE OF WORK

A. Bidder shall provide but not limited to labor, equipment, materials and appurtenances required for services outlined herein to the City of Portsmouth Fire Department.

B. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS

1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, pine needles, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines, lawns, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas.

Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from mowing equipment.

2. Contractor shall be responsible for appropriate/legal disposal of all but not limited to debris, clippings after services are rendered at each location.

C. MOWING AND TRIMMING

1 Turf shall be mowed to a height of two (2) inches using reel or rotary type mowers during the season of active growth, generally between mid-March and the first week of December. Rough cutting and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of Julian Williamson authorized Contract Administrator.

2. must be promptly accomplished at the time and frequency specified on the Bid Price Schedule which is attached hereto and made a part thereof.

3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting edges. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions.

4. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site.

5. All resulting lawn clippings shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site.

6. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices.

7. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas.

8 Contractor shall remove sucker growth at the base of trees before it reaches one foot in height, and all materials and debris shall be removed from site after each such prunin

9. Weedeaters shall at no time be used to mow or trim turf areas wider than 24 inches.

IV SPECIFIC REQUIREMENTS

A. EXPERIENCE:

1. Bidder shall include the following as part of their bid.

2. Description ' related work experience as it pertains to this contract.

3. Number of years providing these services (minimum of three years is required to be considered).

4. Minimum of three (3) references to include name, email and phone number that can verify bidder's experience specifically related with the scope of work required in this bid.

B. Contractor shall be responsible for notifying the following contract provided below if any questions arise or regarding delays in services.

Julian Williamson City of Portsmouth Fire Department at:

Office: 757-393-8765 , ext. 6305 Mobile: 757-901-8641, C. SUNDAYS AND HOLIDAYS: There shall be no service provided on Sundays and holidays, except that it is necessary to protect life and property in an emergency, or as shown or specified elsewhere herein. The following is a list of Holidays observed by the City of Portsmouth.

New Years Day

Martin Luthur King Day George Wasginton/Presidents Day

Memorial Day Juneteenth

July 4th Labor Day

Columbus Day Election Day Veterans Day

Thanksgiving (Wednesday early close at 12pm) Thanksgiving Day

Thanksgiving (Friday after) Christmas Eve (early close 12pm)

Christmas Day

IV. OPTIONAL PRE-BID CONFERENCE: NO PRE-BID

V. PRICING SCHEDULE:

A. Method of Award: The City of Portsmouth seeks to award a contract to a single Contractor, as a result of this solicitation. The award will be made to the lowest responsive and responsible bidder, based on the Grand Total and meeting the requirements of solicitation.

B. Pricing shall be provided per site to include all services herein (cubic yard pricing will not be accepted and bidder will be considered non-responsive).

C. The City of Portsmouth can add/delete sites upon mutual agreement in pricing with contractor.

FIRE STATION SITES TOTAL

PRICE

Fire Station 1 1601 Effingham St., Portsmouth, VA 23704

Fire Station 3 4001 River Shore Rd., Portsmouth, VA 23703

Fire Station 4 645 Broad St., Portsmouth, VA 23707

Fire Station 7 3901 Winchester Dr., Portsmouth, VA 23707

Fire Station 9 1195 Hodges Ferry Rd., Portsmouth, VA 23701

Fire Station 10 3230 Victory Blvd., Portsmouth, VA 23702

Fire Station 12 3201 Cedar Lane, Portsmouth, VA 23703

GRAND TOTAL -> _

VI. GENERAL TERMS AND CONDITIONS

A. PROCUREMENT ORDINANCE: This solicitation is subject to the provisions of the City of Portsmouth Procurement Ordinance and applicable provisions of the Virginia Public Procurement Act, including and consistent with Virginia Code Section 2.2-4343(12). A copy of the City's ordinance is available for review at the purchasing office or accessible on the internet at www.portsmouthva.gov under "Ordinance".

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their (bids/proposals), (bidders/offerors) certify to the

Commonwealth 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 I975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). 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, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. 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.

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 http://www.portsmouthva.gov/ or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. The requirements of these provisions I. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

e. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. 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.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their (bid/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.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the

Commonwealth of Virginia under said contract.

H. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS FOR IFBs (For Invitation For Bids): 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 nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery.

No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

For Request For Proposals): Failure to submit a proposal on the official city form provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the General Terms and Conditions of the solicitation may be cause for rejection of the proposal; however, the City reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal.

I. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

K. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment of less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the City shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia,§ 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor's receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor's intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the City, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor's obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence, and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The City encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions applicable laws and courts, anti-discrimination, ethics in public contracting, immigration reform and control act of 1986, debarment status, antitrust, mandatory use of city form and terms and conditions, clarification of terms, payment shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. 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 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.

M. 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.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City.

0. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any 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.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency's right to audit the contractor's records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract.

The same markup shall be used for determining a decrease in price as the result of savings realized.

The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

Q. TAXES: Sales to the City are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

(NOT NORMALLY REQUIRED FOR SERVICE CONTRACTS)

R. USE OF BRAND NAMES: Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Normally in competitive sealed bidding only the information furnished with the bid will be considered in the evaluation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equivalent product, such bid will be considered to offer the brand name product referenced in the solicitation.

(NOT NORMALLY REQUIRED FOR SERVICE CONTRACTS)

S. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for FOB 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.

T. INSURANCE:

1. The Contractor shall procure and maintain, at its own expense, and with a company or companies acceptable to the Risk Administrator, the minimum insurance coverage's set forth below and contain severability of interest provisions.

2. The City of Portsmouth, including its elected and appointed officials, employees, and volunteers shall be named as an "Additional Insured" as more fully described below and the required insurance coverage shall be primary coverage and provide contractual liability coverage.

3. The Contractor shall provide notice of cancellation or non-renewal of insurance or changes to specific coverage items and/or limits of the same to the City of Portsmouth in writing upon being notified of said cancellation or non-renewal by the insured. The Contractor and any sub-contractor shall maintain all insurance until the completion of the contract period.

4. The Contractor shall also be responsible to review and ensure that any and all sub-contractors comply with the insurance provisions contained herein and that said insurance is maintained as specified. The Contractor shall provide copies of any and all sub-contractor Certificates of Insurance with their proper endorsement(s) upon request. Insurance policies written on a "claims made form" will not be acceptable.

5. Additional Insured:

The Contractor shall name the following as "Additional Insured" as stipulated within this contract:

"The City of Portsmouth, including its elected and appointed officials, employees, and volunteers shall be named as an additional insured and the required insurance coverage shall be primary coverage and provide contractual liability coverage. The Contractor shall immediately provide notice of cancellation or non-renewal of insurance to the City of Portsmouth in writing upon being notified of said cancellation or non-renewal by the insured. In the event of cancellation, the Contractor shall promptly provide replacement insurance naming the City as an Additional Insured."

6. Commercial/Comprehensive General Liability:

Coverage shall be as "Broad Form" as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability form including Products/Completed Operations.

The Contractor shall provide a valid Certificate(s) of Insurance listing the insurance coverage maintained.

The liability insurance maintained by the Contractor shall include, at a minimum, the following coverage:

The minimum Limits of Liability shall be:

Limit of Liability Per occurrence Limit of Liability of Products Completed Operations Aggregate General Aggregate Limit of Liability

$1,000,000 $2,000,000 $2,000,000

7. Automobile Insurance:

The Contractor shall provide valid Certificate(s) of insurance listing the insurance coverage maintained.

The Automobile Insurance maintained by the Contractor shall include, at a minimum, coverage of owned, non-owned and hired automobiles used by the contractor, his agents, representatives, employees or sub-contractors:

The minimum Limit of Liability shall be:

Liability per occurrence

8. Worker's Compensation and Employers Liability:

$1,000,000

The Contractor shall comply with all federal and state statutory regulations pertaining to Worker's Compensation requirements for insured or self-insured programs and waive subrogation rights.

U. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the purchasing agency will publicly post such notice on eVA VBO (www.eva.virginia.gov) for a minimum of 10 days.

V. DRUG-FREE WORKPLACE: Applicable for all contracts over $10,000:

During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) 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; (iii) 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 (iv) 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.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

W. NONDISCRIMINATION OF 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 state agency, department or institution 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 public body 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.

X. NON-APPROPRIATION: Agreements are made subject to the appropriation of funds by the City Council of the City of Portsmouth, Virginia, and are null and void in the event of non-appropriation by the City Council. Non-appropriation shall not be deemed a cancellation and shall terminate this agreement without recourse and with no liability on the part of the City.

Y. BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/offer prices in US dollars.

http://www.eva.virginia.gov/

Z. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

AA. PRIOR DEFAULTED CONTRACTS: The City in its sole discretion may choose not to make an award to a bidder who has previously defaulted on a contract with the City. This provision also applies if any parent company, principal, officer, or wholly owned subsidiary of the bidder has previously defaulted on a contract with the City.

BB. CRIMINAL CONVICTIONS: The City in its sole discretion may choose not to make an award to a bidder or offeror if any principal, officer, director, or staff member of the firm assigned to work under a contract awarded pursuant to this solicitation has been convicted of a felony or a misdemeanor involving moral turpitude in the past ten (10) years.

CC. WARRANTY (COMMERCIAL): The contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City by any other clause of this solicitation. Warranty shall begin when the equipment is placed into service as evidenced by purchaser's records rather than beginning upon delivery. A copy of all warranties shall be furnished with the bid.

VII. SPECIAL TERMS AND CONDITIONS

I. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five

(5) years after final payment, or until audited by the City, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

2. AWARD OF CONTRACT: The City will make the award(s) on a grand total basis to the lowest responsive and responsible bidder. The purchasing office reserves the right to conduct any test it may deem advisable and to make all evaluations. The City also 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.

3. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (90) days. At the end of the 90 days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

4. INDEFINITE DELIVERY/ INDEFINITE QUANTITY: This solicitation is for an Indefinite Delivery, Indefinite Quantity (IDIQ) contract. All quantities of products and/or services or dollar values listed within this solicitation are estimates. Numerous factors could cause the actual volume of products and/or services under the contract to vary substantially from the estimates in the solicitation. Such factors include, but are not limited to, the following: This solicitation is a nonexclusive solicitation; There is no guarantee of volume to be purchased or required, nor is there any guarantee that demand will continue in any manner consistent with previous purchases; The individual value of the solicitation is indeterminate and will depend upon actual demand and/or need, and the actual quantities ordered during the contract period. Bidder/Offeror acknowledges the foregoing and agrees that actual purchasing volumes of products and/or services during the term of the contract could vary substantially from the estimates provided in this solicitation.

5. TERMINATION OF CONTRACT: The City reserves the right to terminate and cancel the contract for cause or for convenience after giving 30 days' notice in writing to the Contractor. The written notice shall state whether the termination is for convenience or cause. If mailed, the notice shall be mailed certified return receipt requested to the address listed on the proposal, unless notice of a change of address have been provided.

Termination for Cause: If the Contractor should breach the contract or fail to perform the services required by the contract, the City may terminate the contract for cause by giving written notice or may give the Contractor a stated period of time within which to remedy its breach of contract. If the Contractor shall fail to remedy the breach within the time allotted by the City, the contract may be terminated by the City at any time thereafter upon written notice to the Contractor or, in the alternative, the City may give such extension of time to remedy the breach as the City determines to be in its best interest. The City's forbearance by not terminating the contract for a breach of contract shall not constitute a waiver of the City's right to terminate nor acquiescence in future act or omissions by the Contractor of a like nature. If the contract is terminated for cause, breach of contract or failure to perform, the Contractor may be subject to a claim by the City for the costs and expenses incurred in securing a replacement Contractor to fulfill the obligations of the contract. In the event a Cure Notice is required, the City will use the address provided to the City in bids or proposals. It shall be the contractor's responsibility to notify the City in writing within l 0 days of knowing a change of address.

The written notice shall include the City's contract number and the effective date of the address change.

In the event the Contractor breaches the contract or fails to perform the services required by the contract, in addition to terminating this contract for cause, the City reserves the right, in its sole discretion, to terminate for cause any other open contract the Contractor has with the City.

Termination for Convenience: The contract may be terminated by the City in whole or in part for the convenience of the City without a breach of contract by delivering to the Contractor a written notice of termination specifying the extent to which performance under the contract is terminated and the effective date of the termination. Upon receipt of such a notice of termination, the Contractor must stop work, including but not limited to work performed by subcontractors and consultants, at such time and to the extent specified in the notice of termination.

If the contract is terminated in whole or in part for the convenience of the City, the Contractor shall be entitled to those fees earned for work done prior to the notice of termination and thereafter shall be entitled to any fees earned for work not terminated, but shall not be entitled to lost profits for the portions of the contract which were terminated. The Contractor will be compensated for reasonable costs or expenses arising out of the termination for the convenience of the City for delivery to the City of all products of the services for which the Contractor has or will receive compensation.

6. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

7. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are cancelled or rejected, the City reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the agency whenever such low bid exceeds the agency's available funds. For the purpose of determining when such negotiations may take place, the term "available funds" shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The agency shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the agency wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the agency and the lowest responsive, responsible bidder.

8. PRICE ESCALATION/DE-ESCALATION: Price adjustments may be permitted for changes in the contractor’s cost of materials/labor not to exceed the increase in the following index: CPI-U: Other Goods and Services. No price increase will be authorized for the initial contract term. Price escalation may be permitted only at the end of the initial term and at the time of renewal and only where verified to the satisfaction of the Purchasing Administrator.

Contractor shall give not less than 90 days advance notice of any price increase to the Purchasing

Division. Any approved price changes will be effective only at the beginning of the calendar month following the end of the full 90-day notification period. Documentation shall be supplied in general with the contractor’s request for increase which will verify that the requested price increase is general in scope and not applicable just to the City of Portsmouth.

The Purchasing Division will notify the using department and contractor in writing of the effective date of any increase which it approves. However, the contractor shall fill all orders received prior to the effective date of the price adjustment at the old contract prices. The contractor is further advised that decreases which affect the cost of materials are required to be communicated immediately to the Purchasing Division.

9. COOPERATIVE PROCUREMENT: Any resultant contract of this solicitation may be extended to any public agency or body in the Commonwealth of Virginia to permit those public agencies or bodies to purchase at contract prices, in accordance with the terms, conditions and specifications of this bid/proposal. The successful vendor/contractor shall deal directly with each public agency or body in regard to order placement, delivery, invoicing and payment.

10. RENEWAL OF CONTRACT: This contract may be renewed by the City for three (3) successive one year periods under the terms and conditions of the original contract except as stated in 1. And 2.below. Price increases may be negotiated only at the time of renewal. Written notice of the Commonwealth's intention to renew shall be given approximately 60 days prior to the expiration date of each contract period.

11. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC).