INVITATION TO BID

ITB-2026143

PEST CONTROL SERVICES

City of Winchester

Rouss City Hall 15 North Cameron Street

Winchester, VA 22601

RELEASE DATE: August 28, 2026

DEADLINE FOR QUESTIONS: September 24, 2026

RESPONSE DEADLINE: October 1, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/winchesterva https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Winchester

Public Services

ITB #ITB-2026143

Pest Control Services

Friday, August 28, 2026

TABLE OF CONTENTS

I. NOTICE TO PUBLIC

II. INTRODUCTION AND PURPOSE

III. SCOPE OF WORK

IV. SUBMITTAL REQUIREMENTS

V. PRICING

VI. QUESTIONS

VII. SPECIAL TERMS AND CONDITIONS

VIII. CITY REQUIRED GENERAL TERMS AND CONDITIONS

IX. CONTRACT

X. VENDOR QUESTIONNAIRE

ITB #ITB-2026143

1. NOTICE TO PUBLIC

Friday, August 28, 2026

Notice to Public

ITB# ITB-2026143

Pest Control Services

The City of Winchester (“City”) will accept sealed bids until 2:00 pm on Thursday, October 1, 2026 online via the City’s e-Procurement Portal, https://secure.procurenow.com/portal/winchesterva (“Portal”).

This Invitation to Bid (“ITB”) is for; routine integrated pest management (IPM) services for the commercial office facility to prevent, monitor, and control common pests in a safe, effective, and environmentally responsible manner, per our attached specifications and requirements.

Copies of this ITB may be obtained on the Portal. Bidders shall navigate to the Portal using this link, https://secure.procurenow.com/portal/winchesterva, find and open this ITB, and click “Follow” to become a prospective bidder for this ITB. Offerors should also register on the Portal to receive automated notifications for upcoming solicitations.

Bidders should carefully examine the specifications and fully inform themselves as to all conditions and matters, which would in any way, affect the equipment/materials/service or cost thereof. Should a bidder find discrepancies in, or omissions from the specifications or ITB, bidder shall use the Question and Answer (“Q&A”) tab on the Portal to submit all inquiries before 5:00 pm on Thursday, September

24, 2026. All appropriately submitted questions will be answered in writing on the Portal. Only questions answered by formal written Addenda will be binding; oral and other interpretations or classifications will be without legal effect.

The right is reserved, as the interest of the City may require, to revise or amend the specifications prior to the date set for opening sealed bids; the opening date may be postponed if deemed necessary by the

Purchasing Agent. Such revisions and amendments, if any, will be announced by written Addenda to the specifications. In addition, the City reserves the right to accept or reject any and all bids and waive informalities.

Bids are to be submitted online via the Portal. Bids submitted in any other format, including but not limited to, hard copy (mailed or hand delivered), facsimile, or by email will not be accepted, nor considered for award.

2. INTRODUCTION AND PURPOSE

2.1. Summary

The purpose of this ITB is to solicit bids from qualified contractors to provide all labor, equipment, parts, supplies, tools, transportation and materials necessary to provide routine integrated pest management

(IPM) services for the commercial office facility to prevent, monitor, and control common pests in a safe, effective, and environmentally responsible manner.

The City of Winchester reserves the right to add, modify or delete from this list at any time during the original term and any subsequent renewals without penalty or default.

This Invitation to Bid (ITB), plus the resulting agreement, shall be consistent with, and governed by the

Act, the Virginia Public Procurement Act (VPPA).

Pre-Bid Conference: A pre-bid conference will not be held.

Contract Term: The contract term shall be a period of five (5) years from the date of award. The City reserves the right to cancel and terminate this Contract, without penalty, upon ten (10) days written notice to contractor. The parties understand and agree that the City, at its sole option, may renew this

Contract for: four (4) additional one (1) year periods.

2.2. Background

The City, founded in 1744, is the oldest Virginia City west of the Blue Ridge Mountains. Located at the northern entrance to the Shenandoah Valley, the City is the medical, commercial governmental and financial center for the surrounding area, and is the county seat of Frederick County.

The City encompasses 9.3 square miles and is located at the crossroads of U.S. Highways 11, 17, 50, 522, Interstate 81 and State Route 7. Interstate 66, terminating 11 miles south of the City at Interstate 81, provides a third transportation artery to Washington, D.C., 72 miles to the southeast. The City's population is currently estimated at slightly over 29,000.

2.3. Contact Information

Project Contact:

Corey MacKnight

Fac Maint & WPA DIV MGR

Email: corey.macknight@winchesterva.gov

Phone: (540) 773-1340

Procurement Contact:

Kelly Feltner

Purchasing Agent

Email: kelly.feltner@winchesterva.gov

Phone: (540) 667-2083 mailto:corey.macknight@winchesterva.gov tel:(540)773-1340 mailto:kelly.feltner@winchesterva.gov tel:(540)667-2083

Department:

Public Services

Department Head:

Perry Eisenach

Public Services Director

2.4. Timeline

ITB Release Date August 28, 2026

Bidder Question Submission Deadline September 24, 2026, 5:00pm

Bids Due October 1, 2026, 2:00pm

Bid Opening will take place online via Microsoft

TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBk

LTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?c ontext=%7b%22Tid%22%3a%22d8343b2f-58a5-

43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa

-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBkLTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBkLTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBkLTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBkLTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBkLTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBkLTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzFiZDA3NjctNmVkMC00YjBkLTk5MjgtMTBhODhhZmY0MzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d

3. SCOPE OF WORK

3.1. GENERAL

The Contractor shall provide routine integrated pest management (IPM) services for the commercial office facility to prevent, monitor, and control common pests in a safe, effective, and environmentally responsible manner.

3.2. SERVICES TO BE PERFORMED

• Perform scheduled inspections of all interior and exterior areas of the facility for evidence of pest activity.

• Apply EPA-approved insecticides and pesticides by spraying in designated interior and exterior areas as needed, in accordance with manufacturer recommendations and all applicable federal, state, and local regulations.

• Install, inspect, maintain, and replenish tamper-resistant bait stations around the building perimeter and other approved locations.

• Monitor and service all bait stations during each scheduled visit, replacing bait as necessary.

• Treat for common commercial pests, including but not limited to ants, cockroaches, spiders, silverfish, crickets, earwigs, and other crawling insects.

• Identify conditions conducive to pest infestations and provide written recommendations for corrective actions.

• Respond to pest-related service calls between scheduled visits within the contract response time.

• Remove and properly dispose of pest-related debris encountered during treatment activities.

• Maintain detailed service records documenting inspection findings, treatment locations, products applied, quantities used, bait station maintenance, and recommendations.

3.3. CONTRACTOR RESPONSIBILITIES

• Furnish all labor, supervision, equipment, materials, chemicals, bait stations, and personal protective equipment necessary to perform the work.

• Ensure all technicians are properly trained, licensed, and certified as required by applicable regulations.

• Perform all work in a manner that minimizes disruption to normal office operations.

• Comply with all OSHA requirements, EPA regulations, and applicable state and local pest control laws.

• Provide Safety Data Sheets (SDS) for all chemicals used upon request.

3.4. SERVICE FREQUENCY

Routine pest control services shall be performed on a monthly basis, with additional service visits provided on an as-needed basis for pest infestations or emergency response.

3.5. DELIVERABLES

Following each service visit, the Contractor shall provide a written service report that includes:

• Date and time of service.

• Areas inspected and treated.

• Products applied.

• Bait station inspection and replenishment status.

• Observed pest activity.

• Corrective recommendations.

• Technician's name and license number.

3.6. BED BUG TREATMENT FOR WINTRAN BUSES

The Contractor shall provide inspection, treatment, monitoring, and follow-up services for the detection and elimination of bed bugs on city transit buses using an Integrated Pest Management (IPM) approach.

Services shall be performed in a manner that is safe for passengers, transit personnel, and the environment while minimizing disruption to transit operations.

Services Included:

• Conduct a thorough inspection of each designated bus to identify signs of bed bug activity, including live insects, eggs, cast skins, fecal spotting, and harborage areas.

• Inspect passenger seating, seat cushions, seat frames, flooring, wall panels, wheel wells, operator compartment, overhead areas, and other potential hiding locations.

• Apply EPA-registered products labeled for bed bug control in accordance with manufacturer instructions and all applicable federal, state, and local regulations.

• Utilize appropriate treatment methods, which may include crack-and-crevice treatments, residual insecticides, non-residual contact treatments, steam treatment, vacuuming, and other approved Integrated Pest Management (IPM) techniques.

• Treat all identified infested areas and adjacent areas where bed bugs may harbor or migrate.

• Remove visible bed bugs and eggs by vacuuming or other approved methods prior to chemical treatment, when appropriate.

• Perform follow-up inspections and retreatments as necessary to verify elimination of the infestation.

• Install and monitor bed bug detection or monitoring devices when requested by the Transit

Agency.

• Dispose of contaminated waste generated during treatment in accordance with applicable regulations.

Response time:

• Respond to reports of suspected bed bug activity within 24 hours of notification.

• Initiate inspection and treatment within 48 hours, unless otherwise directed by the Transit

Agency.

Documentation

Following each service visit, the Contractor shall provide a written service report that includes:

• Date and location of service.

• Vehicle fleet number(s) serviced.

• Inspection findings and level of infestation.

• Areas treated.

• Treatment methods and products used.

• Follow-up recommendations.

• Technician's name and applicable license number.

Performance Standard

The Contractor shall continue follow-up inspections and treatments until no evidence of bed bug activity is observed during two consecutive inspections, or until the Transit Agency determines that the infestation has been successfully eliminated.

4. SUBMITTAL REQUIREMENTS

4.1. GENERAL INSTRUCTIONS

A. ITB Response: In order to be considered for selection, offerors must submit a complete response to this ITB online via the Portal. Bids submitted in any other format, including but not limited to, hard copy (mailed or hand delivered), facsimile, or by email, will not be accepted, nor considered. No other distribution of the proposal shall be made by the offeror.

B. Late Bids: It is the responsibility of the firm to insure that their response is submitted electronically via the Portal by the bid due date and time. Late bids will not be accepted. Failure of the Bidder to successfully submit an electronic bid before the deadline indicated herein shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted bids.

Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the Portal. The City will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the City, nor

OpenGov, the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the

Bidder is using to submit a response.

4.2. BID PACKAGE PREPARATION

A. Bid Forms shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested shall result in the

Purchasing Agent considering the bidder non-responsive. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation.

B. Ownership of all data, materials and documentation originated and prepared for the City pursuant to the ITB shall belong exclusively to the City and be subjected to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by an offeror shall not be subject to the public disclosure under the

Virginia Freedom of Information Act; however, the offeror must invoke the protections of

§2.24342F of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal.

4.3. SUBMITTAL CONTENT

Bid packages shall contain the following information:

A. Completed Bid Form.

B. Employee Qualifications – All work performed under this contract shall be by qualified, properly trained and competent Bidders and shall be performed in a good workmanlike manner in accordance with all applicable codes and standards. Evidence of Bidder certifications and/or licenses shall be made available to the City upon request. City reserves the right to reject the

Contractor’s personnel who, in the City’s judgment alone, are not adequately qualified or trained to perform work. Provide documentation with your formal bid that both the employer and assigned employees meet the above requirements.

5. PRICING

A. The Contractor shall fill out the table below of rates that will be charged for work completed under this Contract. This Bid Table shall be included within the proposal submitted to the City.

B. There is no guarantee regarding the amount of work that will be completed under this contract.

C. Any items not listed or described in the Bid Table will be negotiated between the City and the

Contractor at the time of need. Once a negotiated price is established, it will be used for the remainder of the contract.

By completing this table, bidder acknowledges that bidder completely understands all specifications and the General and Special conditions. Failure to completely fill out the Bid Pricing and Bid Form will result in a non-responsive bid.

Line Item Location Quantity Unit of

Measure Unit Cost Total

1 Rouss City Hall - 15 N. Cameron Street 12 MONTHLY

2 Win/Fred Judicial Center - 5 N.

Cameron Street

12 MONTHLY

3 Timbrook Public Safety Building - 231

E. Piccadilly Street

12 MONTHLY

4 Timbrook Annex Voter Office - 107 N.

East Lane

12 MONTHLY

5 Creamery Building - 21 S. Kent Street 12 MONTHLY

6 Abram's Delight - 1340 S. Pleasant

Valley Road

12 MONTHLY

7 Hollingsworth Mill - 1360 S. Pleasant

Valley Road

12 MONTHLY

8 Stonewall Jackson Museum - 415 N.

Braddock Street

12 MONTHLY

9 George Washington Museum - 32 W.

Cork Street

12 MONTHLY

10 City of Winchester Employee Clinic -

33 E. Boscawen Street

12 MONTHLY

Line Item Location Quantity Unit of

Measure Unit Cost Total

11 Winchester Fire & Rescue Office -

1716 Woodstock Lane

12 MONTHLY

12 South End Fire Company - 17 W.

Monmouth Street

12 MONTHLY

13 Snapp Foundry DSS - 24 Baker Street 12 MONTHLY

14 Snapp Foundry - 411 N. Cameron

Street

12 MONTHLY

15 Snapp Foundry - 419 N. Cameron

Street

12 MONTHLY

16 Health Department - 10 Baker Street 12 MONTHLY

17 Winchester Parks Rec Concession -

1001 E. Cork Street

12 MONTHLY

18 Winchester Parks & Rec ALC Kitchen -

1001 E. Cork Street

12 MONTHLY

19 Winchester Parks & Rec Cedar Valley

Park House - 2325 Middle Road

12 MONTHLY

20 Winchester Old YDC - 3 Battaile Drive 12 MONTHLY

21 Public Services Administration

Building - 301 E. Cork Street

12 MONTHLY

22 Public Services Traffic Office - 301 E.

Cork Street

12 MONTHLY

23 WinTran Office Building - 301 E. Cork

Street

12 MONTHLY

24 Water Treatment Plant - 32 Pence

Land Road, Middletown, VA

12 MONTHLY

25 Rouss Springs WWPS - 2983 S.

Pleasant Valley Road

26 Bruce WWPS - 165 Bruce Drive 12 MONTHLY

Unit Cost Total

27 Superior WWPS - 452 Superior

Avenue

12 MONTHLY

28 OIC WWPS - 431 Shady Elm Road 12 MONTHLY

29 Strothers WST - 550 Faimont Avenue 12 MONTHLY

30 Fruit Hill WST - 421 Echo Lane 12 MONTHLY

31 Faye Spring - 532 Redbud Road 12 MONTHLY

32 Conway WWPS - 1126 Conway Street 12 MONTHLY

33 Battle Avenue WWPS - 715 Battle

Avenue

12 MONTHLY

34 Pennsylvania Avenue WWPS - 1010

Pennsylvania Avenue

12 MONTHLY

35 Tennyson Water Booster Station - 707

Tenyson Avenue

12 MONTHLY

36 Jefferson Street Water Booster

Station - 700 Jefferson Street

12 MONTHLY

37 Capitol WWPS - 351 Capitol Lane 12 MONTHLY

38 Opequon Water Reclamation Facility -

191 Hallowed Crossing Way

TOTAL

Unit Cost Total

39 WinTran Bed Bug Inspections (Buses) -

301 E. Cork Street

13 MONTHLY

40 WinTran Bed Bus Treatments (Buses) -

301 E. Cork Street

4 MONTHLY

Unit Cost Total

41 WinTran Emergency Response for Bed

Bugs - 301 E. Cork Street

1 EACH

TOTAL

6. QUESTIONS

Questions regarding this solicitation must be submitted in writing prior to 5:00 pm on Thursday, September 24, 2026. The City will issue a written addendum to any inquiries that alter the scope of the proposal. All other contacts with City personnel concerning this solicitation are discouraged. Submit all project/scope related inquiries via the Portal’s “Q&A” tab. If a Bidder encounters technical difficulties using the City’s Portal, Bidder may contact OpenGov, the Software Administrator, using the real-time chat function on the website (located in lower right-hand corner of the screen), or via email at support@procurenow.com.

7. SPECIAL TERMS AND CONDITIONS

A. AWARD: The award(s) will be made to the lowest responsive and responsible bidder(s) meeting the requirements of the solicitation. The City of Winchester reserves the right to conduct any tests it may deem advisable and to make all evaluations. The City of Winchester 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.

B. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for three (3) years after final payment, or until audited by the City of Winchester, whichever is sooner. The City, its authorized agents, and/or City auditors shall have full access to and the right to examine any of said materials during said period.

C. RENEWAL OF CONTRACT: This contract may be renewed by the City of Winchester for four (4) additional one (1) year periods under the terms and conditions of the original contract except as stated below. Price increases may be negotiated only at the time of renewal. Written notice of the City of Winchester’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

1. If the City of Winchester elects to exercise the option to renew the contract for an additional two-year period, the contract price(s) during the additional term shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the “All Items” category of the CPI-U section of the Consumer Price

Index of the United States Bureau of Labor Statistics for the period of the original contract.

2. If during any subsequent renewal periods, the City of Winchester elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the “All Items” category of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the previous contract period.

D. COOPERATIVE PROCUREMENT: Any successful Bidder/Offeror, may at his sole discretion, allow any public body, locality, authority, agency, and school board of the Commonwealth to participate in the Bid/Proposal for the purpose of combining requirements to increase efficiency or reduce administrative expenses.

E. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this bid/proposal, no indication of such sales or services to the City of Winchester will be used in product literature or advertising. The contractor shall not state in any of its advertising or product literature that the City of Winchester or any agency or institution of the

Commonwealth has purchased or uses its products or services.

F. BID ACCEPTANCE PERIOD: Any bid in response to this solicitation shall be valid for (60) days. At the end of the (60) 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.

G. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees.

H. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the Public Services Director or designee. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Public

Services Director, or designee, the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

I. OWNERSHIP OF INTELLECTUAL PROPERTY: All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this contract shall become the sole property of the City of Winchester. On request, the contractor shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the

City to evidence the City’s sole ownership of specifically identified intellectual property created or developed in the performance of the contract.

J. EXECUTION OF WORK: All work shall be scheduled at times directed by the City and shall be completed at times to minimize the disruption of normal operations.

K. WRITTEN QUOTES AND PURCHASE ORDERS FOR NON-EMERGENCY WORK: Written quotes and a detailed schedule will be requested for all non-emergency work from the Contractors under this Contract. A purchase order detailing the work to be completed and the total costs shall be issued to the Contractor before the work begins. The City makes no guarantee to any Contractor to a minimum amount of work that will be authorized during the period of the Contract.

L. EMERGENCY WORK: The costs for any emergency work shall be determined based upon the schedule of rates for work submitted in the proposal from the Contractor. The Contractor shall provide the City with contact information to be able to respond to emergencies at all times

(24/7/365).

M. WARRANTY: All work completed shall be warranted as free from defects in workmanship for one (1) year following the completion of the work and acceptance by the City.

N. CORRECTION OF WORK: All work completed under this contract shall be completed in a skillful and workmanlike manner. The Contractor shall promptly correct all work not accepted by the

City due to defects or the failure to conform to the specifications.

O. SAFETY: The Contractor shall be solely responsible for complying with all applicable safety regulations, including those established by the Occupational Safety and Health Administration

(OSHA), during the execution of this contract.

P. SPECIFICATIONS: All work shall be quality work performed according to the standards of the industry and to the satisfaction of the City of Winchester. All work completed shall be performed in accordance with the Uniform Statewide Building Code of the Commonwealth of

Virginia and the latest editions of the following, whichever is most stringent:

1. National Electrical Code (NEC)

2. National Fire Protection Association (NFPA)

3. Building Officials & Code Administration (BOCA)

4. American National Standards Institute (ANSI)

5. American Society of Testing Materials (ASTM)

8. CITY REQUIRED GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are required for all sealed and unsealed written or verbal solicitations issued by the City of Winchester for procurements that are subject to the Winchester City

Code unless changed, deleted or revised by the City Attorney.

8.1. APPLICABLE LAWS AND COURTS

This solicitation and any resulting contract shall be governed by the laws of the Commonwealth of

Virginia. Any dispute arising from the performance or non-performance of this Agreement shall be resolved or otherwise litigated in the Circuit Court for the City of Winchester, Virginia or the Fourth

Circuit Federal District Court in Harrisonburg, Virginia. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute following the Winchester City Code, Chapter 21-61. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

8.2. ANTI-DISCRIMINATION

By submitting their (bids/proposals), (bidders/offerors) certify to the City of Winchester 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).

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

A. 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, national origin, age, disability, status as a service disabled veteran, status as a military family, 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.

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 these requirements.

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

8.3. 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.

8.4. 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.

8.5. DEBARMENT STATUS

By submitting their (bids/proposals), (bidders/offerors) certify that they are not currently debarred by the Federal Government, Commonwealth of Virginia, or by any City, Town or County from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

8.6. ANTITRUST

By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Winchester 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 City of Winchester under said contract.

8.7. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS

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

8.8. CLARIFICATION OF TERMS

If any prospective (bidder/offeror) has questions about the specifications or other solicitation documents, the prospective (bidder/offeror) 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 Purchasing Agent, or designee.

8.9. PAYMENT

A. To Prime Contractor:

1. 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 state contract number and/or purchase order number; social security number (for individual contractors) 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 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 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.

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, 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 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 of Winchester shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. 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).

B. To Subcontractors:

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

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

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

2. 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 of Winchester, 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 of Winchester.

8.10. 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 and take precedence.

The City’s procurement, Contractor’s response and written negotiation summary shall form part of the

Contract. In the case of conflicts, discrepancies, errors or omissions among the City’s procurement, the

Contractor’s response, written negotiation summary and the main body of the Contract, the documents and amendments to them shall take precedence and govern in the following order:

A. Contract

B. Negotiation Summary

C. City’s Procurement Document(s)

D. Contractor’s Response

E. Other Documents

8.11. QUALIFICATIONS OF (BIDDERS/OFFERORS)

The City of Winchester may make such reasonable investigations as deemed proper and necessary to determine the ability of the (bidder/offeror) to perform the services/furnish the goods and the

(bidder/offeror) shall furnish to the City of Winchester all such information and data for this purpose as may be requested. The City of Winchester reserves the right to inspect (bidder’s/offeror’s) physical facilities prior to award to satisfy questions regarding the (bidder’s/offeror’s) capabilities. The City of

Winchester further reserves the right to reject any (bid/proposal) if the evidence submitted by, or investigations of, such (bidder/offeror) fails to satisfy the City of Winchester that such (bidder/offeror) is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

8.12. TESTING AND INSPECTION

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

8.13. ASSIGNMENT OF CONTRACT

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

8.14. SEVERABILITY OF CONTRACT

In the event that any provision shall be adjudged or decreed to be invalid, such ruling shall not invalidate the entire Agreement but shall pertain only to the provision in question and the remaining provisions shall continue to be valid, binding and in full force and effect.

8.15. CHANGES TO THE CONTRACT

A. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than the amounts set forth in Va. Code §

4309 as amended, without the advance written approval of the City Council. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer (Winchester City Code 21-44).

B. Changes can be made to the contract in any of the following ways:

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

2. The City of Winchester 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. The contractor shall be compensated for any additional costs incurred as the result of such order and shall give the City of Winchester 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 City of Winchester’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 City of

Winchester with all vouchers and records of expenses incurred and savings realized. The

City of Winchester 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 City of Winchester within thirty (30) days from the date of receipt of the written order from the City of Winchester. 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 City of

Winchester Code. 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 City of Winchester or with the performance of the contract generally.

8.16. DEFAULT

In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

City of Winchester, 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 City of Winchester may have.

8.17. TAXES

Sales to the City of Winchester are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

8.18. USE OF BRAND NAMES

Unless otherwise provided in this solicitation, the name of a certain brand, make or manufacturer does not restrict (bidders/offerors) 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 equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The (bidder/offeror) 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 of Winchester 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/offeror) clearly indicates in its (bid/proposal) that the product offered is an equal product, such (bid/proposal) will be considered to offer the brand name product referenced in the solicitation.

8.19. TRANSPORTATION AND PACKAGING

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

8.20. INSURANCE

By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have insurance coverages, including, without limitation, performance and bid bonds, workers' compensation, employer liability, commercial general liability, and/or automobile liability, as set forth in the solicitation document at the time of contract execution. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder or offeror further certifies that the contractor and any subcontractors will maintain the same insurance coverages during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation

Commission. The insurer must have an A.M. Best rating of A- or better.

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED FOR MOST CONTRACTS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the City of

Winchester of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract. The insurer must have an A.M. Best rating of A- or better.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The City of Winchester must be named as an additional insured and so endorsed on the policy by the insurer. A notation on the certificate of insurance is not sufficient.

4. Automobile Liability - $1,000,000 per occurrence. (Only used if motor vehicle is to be used in the contract.)

NOTE: In addition, various Professional Liability/Errors and Omissions coverages are required when soliciting those services as follows:

Profession/Service Limits

Accounting $1,000,000 per occurrence, $3,000,000 aggregate

Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or

Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate Health Care Practitioner (to include Dentists, Licensed Dental

Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Physicians, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance

Organizations.) $1,925,000 per occurrence, $3,000,000 aggregate (Limits increase each July 1 through fiscal year 2008, as follows:

July 1, 2008 - $2,000,000. This complies with §8.01-581.15 of the Code of Virginia.

Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

8.21. ANNOUNCEMENT OF AWARD

Upon the award or the announcement of the decision to award a contract over $50,000, as a result of this solicitation, the Purchasing Agent will publicly post such notice on the City of Winchester’s web site

(https://secure.procurenow.com/portal/winchesterva) for a minimum of 10 days.

8.22. DRUG-FREE WORKPLACE

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.

8.23. NONDISCRIMINATION OF CONTRACTORS

A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract…