(757) 382-2489 | CityOfChesapeake.net | CustomerContactCenter@CityOfChesapeake.net | 306 Cedar Road, Chesapeake, Virginia 23322

INVITATION FOR BID

27-073-6144

AIR COMPRESSORS AND INSTALL AT SATELLITE

MAINTENANCE FACILITY (RE-BID)

Release Project Date September 9, 2026

Question Submission Deadline September 16, 2026, 2:00pm

Response Submission Deadline September 30, 2026, 2:00pm

Bid Opening Virtual bid opening September 30, 2026 at 2:15 EST. The Zoom link for the bid opening is https://us06web.zoom.us/j/88258534153?pwd=P 8gNXsAGXabFnpla204toz6L48caMo.1

Submissions are accepted electronically at City’s e-Procurement Portal:

https://procurement.opengov.com/portal/cityofchesapeakeva

Invitation For Bid #27-073-6144 Title: Air Compressors and Install at Satellite Maintenance Facility (Re-Bid)

Table Of Contents

1.INVITATION FOR BIDS (IFB)

2.PURPOSE

3.BACKGROUND

4.SCOPE OF WORK

5.BID SUBMISSION & BID OPENING INSTRUCTIONS

6.METHOD OF AWARD

7.PRICING SCHEDULE

8.VENDOR REQUIRED INFORMATION

9.REQUIRED GENERAL TERMS AND CONDITIONS

10.SPECIAL TERMS AND CONDITIONS

Attachments:

A - IFB Reference Form B - 27-073-6144 Signature Page

1.INVITATION FOR BIDS (IFB)

SPOT PURCHASE

IFB No. 27-073-6144 ISSUE DATE: Wednesday, September 9, 2026

TITLE: Air Compressors and Install at Satellite Maintenance Facility (Re-Bid)

ISSUED BY:

City of Chesapeake Purchasing Division 306 Cedar Road, 5th floor Chesapeake, Virginia 23322

USING DEPARTMENT:

City of Chesapeake

Garage/Fleet 3316 S. Military Hwy, Chesapeake VA 23323

Chesapeake, Virginia 23322

The City of Chesapeake will receive bids for the above-named project until 2:00 pm local time on Wednesday, September 30, 2026. Bids must be submitted electronically via the City’s OpenGov E-Procurement website https://procurement.opengov.com/portal/cityofchesapeakeva/projects/301120. Any responses received after the specified time and date will not be considered. Offerors shall upload ONE (1) ORIGINAL OF THE ENTIRE SIGNED AND COMPLETED BID ON

THE OPENGOV E-PROCUREMENT WEBSITE LOCATED HERE

https://procurement.opengov.com/portal/cityofchesapeakeva/projects/301120.

Questions regarding this solicitation must be submitted in writing through the OpenGov E-Procurement Question/Answer Tab via the City’s OpenGov E-Procurement portal on or before 2:00 pm, Wednesday, September 16, 2026.

Bid Documents may be examined at the offices of City Hall, Purchasing Division, 306 Cedar Road, 5th Floor, Chesapeake, VA.

Refer to City of Chesapeake website at https://www.cityofchesapeake.net/941/Current- Solicitations for more information.

https://procurement.opengov.com/portal/cityofchesapeakeva/projects/301120 https://procurement.opengov.com/portal/cityofchesapeakeva/projects/301120 https://www.cityofchesapeake.net/941/Current-Solicitations https://www.cityofchesapeake.net/941/Current-Solicitations

It shall be the responsibility of the prospective bidder to monitor the City’s website or above-referenced e-procurement websites for published addenda and to have all addenda signed by an authorized representative of the company. All fully executed addenda must be returned to the City along with the signed bid. The City will NOT accept faxed addenda.

The City of Chesapeake does not discriminate against faith based organizations in accordance with Code of Virginia Section 2.2-4343.1 or against any contractor, bidder, or offeror because of race, religion, color, sex, national origin, age, disability or any other basis prohibited by State law relating to discrimination in employment.

2.PURPOSE

The City of Chesapeake is seeking purchase and installation of two (2) compressors with dryers and proper ventilation (fans) for the compressor room at the City's Maintenance facility located at 3316 S. Military Hwy, Chesapeake VA 23323. The compressors are required to be 20HP Rotary Screw with High Efficiency Motor and EPA Act Compliant. The compressors must be capable of reliable operation at a flow rate of 160psig, 77.40cfm and have a 3 Stage Separator - 2 ppm Or Less Oil Carry-over with 10 Micron Oil Filter, 4 Micron Air Filter and 40 Micron Filter Mat. Drive motor efficiency at full load should be 91% and have a protection rating of IP 55. Sound pressure rating should not exceed 68 dba. The package must include a compressor controller for programmable switching operation.

3.BACKGROUND

This equipment and installation is necesary to provide reliable compressor operation to the maintenace facility that is utilized by both City Schools and City Fleet Management to service and repair equipment and vehicles.

4.SCOPE OF WORK

The Contractor shall furnish the following goods and services:

4.1.Air Compressor Package and Installation The selected contractor shall provide compressor package that meets product specifications outlined in the summary below, including the following:

• Shut down compressed air system and bleed all air out of the piping

• Furnish and install a tee fitting in the main air piping that goes to the building

• Furnish and install isolation valves on this fitting, and hook up customer supplied portable compressor and hose

• Remove existing air compressors, dryer, and piping in the air compressor mechanical room and relocate to designated area.

• Set supplied air compressors and dryers in their place

• Furnish and install materials to get all air compressors, filters, dryers, and tanks tied back into the existing air piping going to the building

• Provide bypasses around the filters, and for the dryers so that each compressor can run off either dryer

• Pressure test all piping to verify there are no leaks

• Demo the existing service disconnects going to the air compressors

• Furnish and install (2) new fused disconnects to match air compressor amperage rating

• Run new conduit and wire to each air compressor

• Provide 120V circuit for the air dryers, and solenoid valves

• Furnish and install all condensate tubing

• Pipe all tubing into the water/oil separator, and install main drain line off it

• Cut (2) holes in the outside wall to house the new exhaust fans

• Furnish and install (2) exhaust fans capable of producing 5000 CFMS a piece

• Provide electrical to each fan

• Furnish and install a control cabinet and thermostat

• Provide controls for the exhaust fans and damper actuators

• Test operation on all controls

• Provide start up on compressors and dryers

4.2.Product Specification The air compressor system must meet the following specifications:

• General:

o Two compressors with dryers and fans o Flow rate of 160psig, 77.40cfm o 3 Stage Separator - 2 ppm Or Less Oil Carry-over with 10 Micron Oil Filter, 4

Micron Air Filter and 40 Micron Filter Mat o Drive motor efficiency at full load should be 91% o Protection rating of IP 55 o Package must include a compressor controller for programmable switching operation

• Compressor Type: Rotary Screw with High-Efficiency Motor

• Power: 20 HP

• Mount: Base

• Tank Size: N/A - Existing tank will be used as it is brand new.

• Voltage: 208/230/460V / 3 / 60Hz

• Cooling: Air-cooled, Integrated air dryer (includes integrated coalescing filter)

• Noise Level: Should not exceed 68 dba

• Timer drain: Yes

• Microprocessor-based control system with digital display: Yes

• Filtration: Integrated air filtration system with a minimum of 99.9% efficiency at 1 micron: Yes

4.3.Standards Compliance The air compressor system must comply with the following standards:

• ASME (American Society of Mechanical Engineers) Boiler and Pressure Vessel Code

• NFPA (National Fire Protection Association) 70: National Electrical Code

• OSHA (Occupational Safety and Health Administration) regulations

• ISO 8573-1:2010 for air quality

4.4.Statement of Work Service Requirements The contractor must provide the following services:

1. Site Assessment: Conduct a thorough site assessment to determine the optimal location for the air compressor system, considering factors such as space, ventilation, and accessibility.

2. Installation: Install the air compressor system, including all necessary electrical and mechanical connections. Ensure that the installation complies with all relevant codes and standards.

3. Testing and Commissioning: Perform initial testing and commissioning of the air compressor system to verify proper operation. This includes checking for leaks, verifying pressure settings, and ensuring that all safety features are functional.

4. Training: Provide on-site training for facility personnel on the operation and maintenance of the air compressor system. This should include a detailed overview of the control system, routine maintenance procedures, and troubleshooting tips.

5. Documentation: Provide comprehensive documentation, including user manuals, maintenance schedules, and warranty information.

Delivery Requirements The contractor must adhere to the following delivery requirements:

1. Delivery Schedule: The air compressor system must be delivered and installed within 60 days of contract award.

2. Delivery Location: The air compressor system must be delivered to the Satellite Maintenance Facility located at 3316 S Military Highway, Chesapeake, VA, 23323.

3. Delivery Coordination: Coordinate delivery with the facility manager to ensure that the delivery and installation process does not disrupt ongoing maintenance operations.

4. Packaging: The air compressor system must be securely packaged to prevent damage during transit. All packaging materials must be removed and disposed of by the contractor after installation.

4.5.Additional Requirements The contractor must also meet the following additional requirements:

1. Licensing and Insurance: The contractor must hold all necessary licenses required to perform the work in the state of Virginia and insurance coverage stated in General Terms and Conditions.

2. Experience: The contractor must have a minimum of 5 years of experience in the installation and maintenance of industrial air compressor systems.

3. References: Provide at least three references from previous clients for whom similar work has been performed.

4. Warranty: The air compressor system must come with a minimum 1-year warranty on parts and labor. The contractor must also provide a warranty for the installation work.

5. Support: Offer post-installation support, including a 24/7 helpline for troubleshooting and emergency repairs.

5.BID SUBMISSION & BID OPENING INSTRUCTIONS

1. To be considered for selection, sealed bids must be received electronically via the City’s OpenGov E-Procurement website https://procurement.opengov.com/portal/cityofchesapeakeva/projects/301120 by the designated date and hour. Late sealed bids will not be accepted. It is the sole responsibility of the bidder to ensure that its bid is submitted electronically via the City’s OpenGov E-Procurement by the designated date and hour. Receipt of bids will be sent via City's OpenGov E-Procurement website.

2. BID OPENING The Bid Opening will be held on Wednesday, September 30, 2026 at 2:00 pm via Zoom, and bid tabs will be available at a later time online via the City's OpenGov E-Procurment website. The Zoom link will be distributed via "Notices" through OpenGov prior to the bid opening date.

3. It shall be the responsibility of the offeror to monitor the City’s website and above-noted e-procurement websites for published addenda. Fully executed addenda must be returned with bid.

4. It shall be the responsibility of the offeror to sign and submit the required attached signature page.

6.METHOD OF AWARD

The City of Chesapeake 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 of Section, Pricing Schedule and meeting the requirements of the solicitation.

7.PRICING SCHEDULE

Pricing scheduled should be completely filled out. The bid prices shall include without exception all materials, supervision, labor, equipment, appliances, clean-up, incidental items, applicable sales, use and other taxes, insurance, building permit or fees, and the contractor's labor, overhead, profit, mobilization and other mark-ups.

PRICING SCHEDULE

Line Item Description Quantity Unit of Measure

Unit Cost Total https://procurement.opengov.com/portal/cityofchesapeakeva/projects/301120

1 Oil Injected Rotary Screw Air Compressor, minimum _20 HP,

77.4 CFM @ 160 PSI, Tri Voltage, fully assembled

1 EA

2 Secondary Rotary Screw Compressor (if separate), oil injected, minimum 20 HP, 77.4

CFM @ 160 PSI

1 EA

3 Flexible Stainless Steel Compressor Discharge Hose, minimum 1" diameter, high pressure rated

2 EA

4 Refrigerated Air Dryer, non cycling or cycling (specify preference), sized to compressor output, rated for 101 CFM

2 EA

5 Moisture Separator, rated to compressor CFM and PSI requirements

2 EA

6 Compressed Air Particulate/Coalescing Filter Set (pre and/or post filter), matched to system flow

2 EA

7 Condensate Treatment Unit, oil/water separator, capacity rated for total expected condensate

1 EA

8 Condensate Manifold / Distribution Piping for condensate management

1 EA

9 Compressor System Controller / Master Sequencer capable of staging and load sharing between both compressors

1 EA

10 Installation Materials (all electrical, mechanical, piping, connections, hardware, etc.)

1 EA

11 Labor – Installation of Compressors, Dryers, Filters, Controller, and Associated Components

1 LUMP SUM

12 Automatic Condensate Drain System (electronic or zero loss), rated for system flow

1 EA

13 Vendor Installation / Commissioning Services (startup, testing, verification)

1 LUMP SUM

TOTAL

8.VENDOR REQUIRED INFORMATION

1.Required Signature Page* The required Signature Page is attached for your signature. Please sign and upload with your bid response.

*Response required

2.References - Providing Reference are required as a part of your response to this solicitation. Failure to provide this information may result in finding your quote as non-responsive. * Provide Vendor Primary Contact information; Years in Business; eVA Vendor ID and Duns Number: Provide a minimum of four (4) current or recent accounts, either commercial or governmental, that your company is servicing, has serviced, or provided similar goods. Include the length of service, and the name, address, and telephone number of the point of contact.

*Response required

3.Delivery Instuctions* Please provide the estimated lead time for delivery.

DELIVERY TIME: Delivery is anticipated within ________________ days of receipt of order (ARO).

*Response required

4.Certification of Compliance with Immigration Laws and Regulations* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• CERTIFICATION_OF_COMPLIANCE...

*Response required

5.Virginia State Corporation Commission (SCC) Registration Information*

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or non-stock 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 LISTED 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.

https://government-project.s3.us-west-2.amazonaws.com/94155/318a8e9c-4d68-46b1-86f9-b69f5e0acee2_CERTIFICATION_OF_COMPLIANCE_WITH_IMMIGRATION_LAWS_AND_REGULATIONS.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4DYQKMKH2%2F20260909%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260909T114919Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEKT%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIB%2FoBLyU8JYloJ0VEiVwk%2BruqGJdYF%2FMfmX%2BGh4hIKOPAiEAuwG2UeyOuXGhuC5pUtm6b1JWMwiZT46HUD06S9heIK4qjAUIbBACGgw4OTIzNjQ2ODc2NzIiDDGybX06hVZ3dHPPXSrpBCPdOeIY0iV591PhboIdvIhO9udLkY77U2HFHLAIdsDMfqqd9eJ4k7sBQcjyN%2B8mzHGJoYMS8xNuItg7QVtz0aMsdk6dIVRYhNObGVxQADWnLgygO0DYEgEJ3BwrMTbFgavr0Q7aMWFznt5Z4yJ8sx9ff6%2BWxaOLtUzvaGbunEhrDctSK6FcQzx3QvYQINQUI7qJ06t2VmhqicRlZm0ZU8LHhfFpn9TQYNNBISZ0Ux9I2sGTHUl2V1UFZapIJ2kIhtVIkKkdAmBy0GqZkNjI7zRRydLya9JOT3U4VHwEJKAiE4EofACCaFzrLtXI802h5AOxjkfc3xx2mycoekvehaWsLqGb3PYSJR1I%2F5y%2FokUZLQ2CLI7inU%2Bsh0QN%2FftHuyptECwmE8buJO0%2FRFRWi0vqZ%2BDfLfIddippLesbmYAksZ6WuGHsCpMUwyUTimzh3li4IHHAUvUQKeub%2FBaE22uMw51pswG8mXQMKgr%2FetLHaB%2BITIbi3TvG7X9zE6OJbdj0ERzkCd9gcJ1H4xKgaXiX2w%2B4IDe%2F%2F5ifXpSQKnz9UNDgXYoQEtth3hQ2QLMcksQ5Vtj%2BWMSPalreQIsbKi95qcjC26ST0qoN2tH6e7QQb%2B3HVFEeGKlsjzHK%2Fjq2odSI3mMHSAICvF3m%2Fj2TDzJU5%2Bum%2BZofxu%2B4Z240IBVhHQHmOQ3lTw%2FXlKNtA4LUI7z4IXS%2Bbr8Uvzg%2BbWhk7mZRvLYmzEt%2BOCcGlCbLVvTY0ykh6yfQZDyZU65r1m7lSXVcrj1%2B2shVHwPtA4belGbtWb%2FJHo6hBCnImf%2FZkyocStCzzQXSqRYjMNKChdUGOpkBPwljVWvHimd1FPVVk8fIA%2BpPCPZ%2Bb2iqtMhFdTj8xUI9i9l6GwrpXSxJ7Ut8%2BncGGJxwDlbY6Rr375GuBNow9JWp6IyYDmxDKjRQkL23NO99ULb8WfR21FVtYP0s9AdlCFTaZ7Gp0WDtBEWmCnt0P4u9p92TRcspL6LVOS5TASFKDD27JjIW0n0EtRCSRlpo4w7Rjg9ABfGK&X-Amz-Signature=9b54a9b6f0edcda0037e2692506d5800b46efe3cb0df7696ea4ff438edde1547&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CERTIFICATION_OF_COMPLIANCE_WITH_IMMIGRATION_LAWS_AND_REGULATIONS.pdf%22&x-id=GetObject

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). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law must indicate by selecting one of the following reasons why the bidder or offeror is not required to be so authorized:

☐ is a corporation or other business entity with the SCC identification number

☐ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust

☐ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location)

☐ is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

☐ If the business entity has not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (The City of Chesapeake reserves the right to determine in its sole discretion whether to allow such waiver).

*Response required

6.Litigation Disclosure Form Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required by this Litigation Disclosure Form may result in the disqualification of your bid or proposal from consideration or termination of the contract, once awarded. For purposes of this disclosure form, “you” means the individual or entity in whose name the bid or proposal is submitted.

6.1.Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been convicted of a felony, or a misdemeanor involving moral turpitude, during the last ten

(10) years? *

☐ Yes

☐ No

*Response required

6.2.Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been terminated from any work being performed for the City of Chesapeake or any other governmental entity in the Commonwealth of Virginia during the last ten (10) years?*

☐ Yes

☐ No

*Response required

6.3.Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been involved in any claim or litigation with the City of Chesapeake or any other governmental entity in the Commonwealth of Virginia during the last seven (7) years? *

☐ Yes

☐ No

*Response required

6.4.Has any parent company or wholly owned subsidiary of your company been involved in any claim or litigation with the City of Chesapeake or any other governmental entity in the Commonwealth of Virginia during the last seven (7) years? *

☐ Yes

☐ No

*Response required

6.5.If you answered “Yes” to any of the above questions, please state the name(s) of the person(s), the nature, and the status and/or outcome of the conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your bid or proposal.

6.6.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). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include a statement describing why the bidder or offeror is not required to be so authorized.

For more information on registration and requirements, please visit https://www.scc.virginia.gov/.

*Response required

7.Small, Women-Owned, Minority-Owned (SWaM) and Service Disabled Veteran- Owned Business A certified SWaM Business is one that holds a current certification from the Virginia Department of Small Business and Supplier Diversity (SBSD), the U.S. Small Business Association (SBA), the Women’s Business Enterprise National Council (WBENC), National Minority Supplier Development Council (NMSDC) or from other U.S. State and some Local Government Supplier Diversity Programs.

https://www.scc.virginia.gov/

7.1.Is your company a certified Small, Woman or Minority Owned (SWaM) Business or Disadvantaged Business Enterprise?*

☐ Yes

☐ No

*Response required

7.2.Certification Type If applicable, what is your company’s certification type?

Select all that apply

☐ Small Business

☐ Woman-owned Business

☐ Minority-owned Business

☐ Service Disabled Veteran (SDV)

☐ Disadvantaged Business Enterprise (DBE)

7.3.SWaM Certificate/Supporting Documentation If applicable, attach any supporting documentation, including certificates, in regards to your company's SWaM status.

9.REQUIRED GENERAL TERMS AND CONDITIONS

9.1.CLARIFICATION OF TERMS

If any bidder/offeror has questions about the specifications or other solicitation documents, the bidder/offeror should contact the buyer whose name appears on the face of the solicitation no later than 5 working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the City.

9.2.MANDATORY USE OF CITY FORM

Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the proposal. Modification of or additions to any portion of the proposal 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 as nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the offeror withdraw or modify nonresponsive portions of a proposal 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.

9.3.ANTITRUST

By entering into a contract, the Consultant conveys, sells, assigns, and transfers to the City of Chesapeake 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 services acquired by the City of Chesapeake under said contract.

9.4.DEBARMENT STATUS

By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred by the Commonwealth of Virginia or any political subdivision or agency of the

Commonwealth from submitting bids/proposals on contracts for the type of services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

9.5.IMMIGRATION REFORM AND CONTROL ACT OF 1986

By submitting their (bids/proposals), (bidders/offerors) 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.

9.6.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 bidders/offerors, supplier, manufacturer or subcontractor in connection with their bids/proposals, 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.

9.7.ANTI-DISCRIMINATION

By submitting their proposals, offerors 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 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).

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law or federal 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

2. 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.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

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

9.8.APPLICABLE LAWS AND COURTS

1. This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in in the courts of the City of Chesapeake, Virginia, or the United States District Court for the Eastern District of Virginia, if independent federal jurisdiction exists. The Consultant shall comply with all applicable federal, state and local laws, rules and regulations. This solicitation is governed by provisions of Chapter 54 of the Chesapeake City Code, and any revisions thereto, which are hereby incorporated into this contract by reference. Contact the Purchasing Division at (757) 382-6359, for more information. The City Code may be read online at https://library.municode.com/va/chesapeake/codes/code_of_ordinances.

9.9.PROCUREMENT ORDINANCE

This solicitation is subject to the provisions of the City of Chesapeake Procurement Ordinance and Chesapeake Purchasing Policies and Procedures Manual. A copy of the City’s ordinance and Chesapeake Purchasing Policies and Procedures Manual is available for review at the purchasing office or accessible on the Internet at www.CityOfChesapeake.net/Purchasing.

9.10.PAYMENT

1. To Consultant:

1. Invoices for services rendered shall be submitted by the Consultant directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract number and/or purchase order number; social security number (for individual Consultants) or the federal employer identification number (for proprietorships, partnerships, and corporations).

2. 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 in less than 30 days, however.

3. All services provided under this contract or individual purchase order, that are to be paid for with public funds, shall be billed by the Consultant at the contract price, regardless of which City department is being billed.

4. 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 the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

https://library.municode.com/va/chesapeake/codes/code_of_ordinances http://www.cityofchesapeake.net/Purchasing

5. 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, Consultants 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 researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City shall promptly notify the Consultant, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Consultant may not institute legal action unless a settlement cannot be reached within 30 days of notification. The provisions of this section do not relieve a department of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

1. A Consultant awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) within 7 days of the Consultant’s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

2. To notify the Purchasing Division and the subcontractor(s), in writing, of the Consultant’s intention to withhold payment and the reason.

2. The Consultant 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 Consultant that remain unpaid 7 days following receipt of payment from the City, except for amounts withheld as stated in (a)(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 consultant performing under the primary contract. A Consultant’s obligation to pay interest to a subcontractor shall not be construed as an obligation of the City.

9.11.CLAIMS

In the event that a different administrative claim resolution process is not provided in the solicitation, the following claim process shall apply. In the event of a contractual dispute, Consultant must submit a written notice of the dispute specifically entitled “notice of intent to file a claim” within ten (10) days of the occurrence on which the claim is based to the City Manager or designee. No more than thirty (30) days from the occurrence on which the claim is based, the Consultant must submit a written statement of the basis of the claim together with a proposed remedy and all supporting evidence of the claim to the City Manager or designee. The timely and complete filing of the notice and claim are a prerequisite to recovery by the Consultant, and failure to follow the claim process stated herein shall operate as a conclusive waiver of the claim by the Consultant. Oral notice, the actual knowledge of a City employee or official, or an untimely or incomplete written notice and claim shall not be sufficient to satisfy the requirements of this provision.

The Consultant may not institute legal action prior to the receipt of a final written decision by the City Manager or designee unless the City Manager or designee fails to render a decision within ninety (90) days of the submission of the claim. Failure of the City Manager or designee to render a decision within ninety (90) days shall be deemed a denial.

The decision of the City Manager or designee shall be final and conclusive unless the Consultant appeals within six (6) months of the date of the final decision (or time specified for a final decision if no response is made) by instituting legal action as provided by Va. Code Section 2.2-4364.

The parties’ contract and their performance obligations shall be governed, interpreted and enforced pursuant to the laws and regulations of, and in accordance with the laws of the Commonwealth of Virginia without regard to the conflicts of law principles thereof. The Consultant shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the City. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the City and the Consultant may otherwise agree in writing.

9.12.NO WAIVER OF LEGAL RIGHTS

Neither the acceptance by the City or any representative of the City, nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possession taken by the City shall operate as a waiver of any portion of the Contract or of any power herein reserved or of any right to damages. A waiver of any breach of the Contract shall not be held to be a waiver of or implied course of dealing applicable to any other or subsequent breach. The City reserves all rights, privileges, immunities and defenses available to it at law.

9.13.PRECEDENCE OF TERMS

The General Terms and Conditions 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.

9.14.QUALIFICATIONS OF BIDDERS/OFFERORS

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

9.15.TESTING AND INSPECTION

The City reserves the right to conduct any test or inspection it may deem advisable to assure goods and services conform to the specifications.

9.16.ASSIGNMENT OF CONTRACT

A contract shall not be assignable by the Consultant in whole or in part without the written consent of the City.

9.17.CHANGES TO THE CONTRACT

Changes can be made to the contract in any of the following ways, provided that City staff other than the Procurement Administrator, City Manager, or designee shall have no authority to approve or order changes in the work that alter the terms and conditions of the Contract, except for changes permitted by the Chesapeake Purchasing Policies and Procedures Manual as to contract time or price that are mutually agreed and reduced to a written change order or contract modification:

1. The parties may agree in writing to modify the terms or conditions of the contract. Any additional services to be provided shall be of a sort that is ancillary and directly related to the contract services, or within the same 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 contract.

2. The Purchasing Division may order changes within the general scope of the contract at any time by written notice to the Consultant. Changes within the scope of the contract include, but are not limited to, things such as services to be performed. The Consultant shall comply with the notice upon receipt, unless the Consultant 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 Consultant shall, in writing, promptly notify the Purchasing Division of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Division's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Division decides to issue a notice that requires an adjustment to compensation, the Consultant shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Division a credit for any savings. Said compensation shall be determined by one of the following methods:

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

2. By agreeing upon an hourly rate or a unit price, or, using an hourly rate or unit price set forth in the contract, if the work to be done can be expressed in hourly increments or units, and the Consultant accounts for the number of hourly increments or units of work performed, subject to the Purchasing Division’s right to audit the Consultant’s records and/or to determine the correct number of units independently; or

3. By ordering the Consultant 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 Consultant shall present the Purchasing Division with all vouchers and records of expenses incurred and savings realized. The Purchasing Division shall have the right to audit the records of the Consultant as it deems necessary to determine costs or savings. 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 Claims clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Consultant from promptly complying with the changes ordered by the Purchasing Division or with the performance of the contract generally.

3. Any modification of a lump sum contract price is subject to the terms of City Code Section 54-71, which provides that such a contract may not be increased by the greater of more than $10,000 or 10% of the original contract price without approval of the City Manager and notice to the City Council.

9.18.DEFAULT

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

9.19.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. The City’s excise tax exemption registration number is 54-072-1442.

9.20.DRUG-FREE WORKPLACE

During the performance of this contract, the Consultant agrees to (i) provide a drug-free workplace for the Consultants 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 Consultants 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 Consultant that the Consultant 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 Consultant, 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.

9.21.EMPLOYMENT DISCRIMINATION BY CONSULTANT PROHIBITED

During the performance of this contract, the Consultant agrees as follows:

1. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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 Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, will state that such Consultant is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

4. The Consultant will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

9.22.AVAILABILITY OF FUNDS

It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available, subject to appropriations, for the purpose of this solicitation.

9.23.BID/PROPOSAL PRICE CURRENCY

Unless stated otherwise in the solicitation, bidders/offerors shall state bid prices in US dollars.

9.24.AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

A Consultant organized as a stock or non-stock 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 avoid any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

9.25.TERMINATION OF CONTRACT

The City may terminate the contract for cause or for convenience after giving 30 days’ notice in writing to the Consultant. The written notice shall state whether the termination is for convenience or cause. The notice shall be delivered by a commercial courier service or mailed certified with return receipt requested to the address listed on the bid/proposal, unless notice of a change of address has been provided to the Purchasing Division.

1. Termination for Cause: If the Consultant 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 Consultant a stated period of time within which to remedy its breach of contract. If the Consultant 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 Consultant 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 because of a breach of contract shall not constitute a waiver of the City’s right to terminate, nor shall the City’s acquiescence in any future act or omission by the Consultant. If the contract is terminated for cause, breach of contract or failure to perform, the Consultant may be subject to a claim by the City for the costs and expenses incurred in securing a replacement Consultant to fulfill the obligations of the contract. In the event a Cure Notice is issued, the City will use the address provided to the City listed in the proposals. It shall be the Consultant’s responsibility to notify the City in writing within 10 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 Consultant 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 that the Consultant has with the City.

2. 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 Consultant 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 Consultant must stop work, including but not limited to work performed by subcontractors, 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 Consultant 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.

3. Delivery of Materials: Contract termination shall not relieve the Consultant of the obligation to deliver to the City all products or services for which the Consultant has been or will be compensated. Unless otherwise agreed to in writing, the Consultant shall deliver the materials or other deliverables to the City within 30 days of the Notice of Termination of the Contract. Failure to do so may result in an action for breach of contract.

4. Compensation Due the Consultant: In event of termination, the Consultant shall be entitled to the compensation accrued to the date of termination.