843814wasteNfk.pdf

Invitation for Bids (IFB) 11127-0-2027/MD Bulk Waste Container and Waste Removal Services

Issued: August 16, 2026 Bid Opening Date and Time: October 5, 2026 at 2:00 PM Eastern Time

The City of Norfolk is seeking a responsible vendor to provide Bulk Waste Containers and Waste Removal Services according to the terms, conditions, and specifications of this solicitation.

ACKNOWLEDGE RECEIPT OF ADDENDUM: #1___ #2____ #3____ #4____ (Please Initial)

OFFER TO CONTRACT

By submitting this bid the undersigned (the “Bidder” or “Contractor”) offers to provide the City of Norfolk, VA, a municipal corporation chartered by the Commonwealth of Virginia (the “City”), the School Board of the City of Norfolk (“NPS”), the Hospital Authority of Norfolk d/b/a Lake Taylor Transitional Care Hospital (“LTTCH”), and the Norfolk Redevelopment and Housing Authority (“NRHA”) with the goods and/or services specified in this solicitation in accordance with the terms, conditions and requirements specified herein at the prices shown in Attachment J (Bid Form) to this Invitation for Bids (“IFB”). This IFB will result in separate contracts between the Contractor and the City, NPS, LTTCH, and NRHA. The signature below shall be provided by an agent authorized to bind the company. Failure to execute this portion may result in bid rejection.

Bidder’s Legal Name:

Bidder Address:

Virginia State Corporation Commission Number:

Authorized Agent Signature:

Authorized Agent Name (Printed):

Authorized Agent Contact E-mail:

Authorized Agent Contact Phone:

Date:

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TABLE OF CONTENTS

SECTION I – SCOPE OF SERVICES

SECTION II – INSTRUCTIONS TO THE BIDDER

SECTION III – CONTRACT TERMS AND CONDITIONS

SECTION IV – ATTACHMENTS (A-J)

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SECTION I – SCOPE OF SERVICES

1. PURPOSE:

The City of Norfolk (“City”) is seeking a responsible Contractor to provide bulk waste container and waste removal services for various City, Norfolk Public Schools (“NPS”), Norfolk Redevelopment and Housing Authority (“NRHA”) and Lake Taylor Transitional Care Hospital (“LTTCH”) locations according to the terms, conditions, and specifications of this IFB.

All qualified bidders are invited to respond to this invitation for bids (“IFB”) by submitting a bid consistent with the terms, conditions, and specifications stated herein.

The contracts resulting from the solicitation will be awarded to the bidders that submit the lowest bid for each of the line items in the Bid Form.

2. BACKGROUND:

This contract and related attachments are specifically for the sixty-five (65) dumpsters that will service City of Norfolk municipal offices and locations.

The solid waste includes, but is not limited to, refuse generated at the locations including office, household and restaurant-type waste, cinder, and wood ash (not including fly ash or bottom ash from incinerators).

The City also sponsors community clean-up efforts throughout the year for which dumpsters are required. These efforts are sanctioned events with pre-determined dates and locations established by the Department of Public Works.

Emergency events may necessitate the City to increase and/or change the frequency of refuse collection to ensure the continued health and safety of its residents. These situations typically require the delivery and/or more frequent servicing of dumpsters when emergency shelters are activated.

Bidders shall submit pricing on the Bid Form inclusive of all activity required to perform the services.

The estimated quantities provided in the attached bid form represent the City’s best estimate of the described need.

3. SCOPE OF SERVICES:

a. All work performed under the resulting contract(s) shall conform to ANSI Z245 standards for waste and recycling equipment, facilities, and operations.

b. The Contractor may only collect waste between the hours of 7:00 a.m. and 10:00 p.m. if collecting within six hundred (600) feet of any area that is zoned “Residential.”

c. The Contractor shall provide the labor, cartage, transportation, disposal costs, and other equipment and facilities necessary to provide clearly-labeled, clean, secure refuse containers at the locations listed on Sheet 1 of the Bid Form for Standard, Non-Standard, and Emergency Container services.

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d. Changes in Service Additions or deletions of containers, type of service, and service frequency may be required.

Prices for additions and deletions of dumpsters and/or frequency shall be at pricing set forth in the Bid Form.

e. Placement of Refuse The solid waste to be removed shall be placed by the City, NPS, LTTCH, and NRHA in Contractor-furnished containers located on designated loading platforms or loading areas from which the Contractor will load its trucks.

f. Service Categories

i. Standard Service

a) Remove solid waste and provide required collection services at the frequencies listed in the Bid Form Monday through Saturday, except on City holidays, from each designated location listed on Sheet 1 of the Bid Form. Bidders shall submit pricing for each collection frequency even if the current service frequency is “0”.

b) In the event the Contractor attempts to provide the scheduled service, and the dumpster is inaccessible, a ‘Dry Run’ fee not to exceed 50% of the contracted service level fee may be assessed. For each occurrence, notification and photo documentation must be provided. The Contractor must return to provide the ‘missed’ scheduled service in no less than 2 hours.

c) Legally dispose of animal waste from the Norfolk Zoological Park at the frequencies listed within the corresponding tab of the Bid Form, currently deposited into a 20CY open top container emptied every Monday, Wednesday, and Friday. Animal waste must be delivered to a location other than a SPSA transfer station.

d) Legally dispose of tires at the frequencies listed on Sheet 4 of the Bid Form. Tires must be delivered to a location other than a SPSA transfer station.

ii. Non-Standard Service

a) On-Call The Contractor shall occasionally supply containers of a required size within forty-eight (48) hours of notification by the City, NPS, LTTCH, or NRHA on a short-term basis as determined by the department or entity requesting the service. Bidders shall provide pricing for the containers on Sheet 5 of the Bid Form.

b) Community Initiatives For the contract resulting with the City, this service is typically required by the Department of Public Works no more than twenty-four (24) times in any contract year and shall be provided at no cost to the City. Bidders shall provide unit pricing for service that exceeds twenty-four (24) collections per contract year within the corresponding tab of the Bid Form.

c) Containers for Emergency Shelters

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If the City activates emergency shelters, the Contractor shall empty the affected containers upon being notified of the emergency and shall again empty the affected containers within twenty-four (24) hours of notification of closure of the shelters. I.1. On-call tab of bid form applies to emergency shelter support instances when emergency shelters require waste removal in excess of the coincidental scheduled service. Upon conclusion of the emergency event, normal service levels and frequency of scheduled service shall immediately resume.

iii. Containers for Emergencies If the City needs to respond to an emergency (i.e. a storm or other disaster), the Contractor may be required to place containers at areas within the City limits within twenty-four (24) hours’ notice by the Superintendent of Waste Management.

If an emergency has been declared FEMA-reimbursable, the Contractor shall follow the current FEMA rules and guidelines for load certifications if an emergency has been declared FEMA-reimbursable. Refer to Attachment H for information and acknowledgement of FEMA reimbursement provisions.

On-call tab of bid form applies to emergency events.

g. Contractor Cleanup The Contractor shall avoid spillage and scattering solid waste over any loading platform or loading area. The Contractor shall remove spillages and/or the scattering of solid waste and then broom-clean the affected area before departing the site.

h. Collection Truck Types Collection trucks shall be of the front loading or roll-off type, including mechanical and hydraulic systems for front loading forklift or roll-off/compactor type of containers and shall be of the size and capacity compatible with the containers furnished by the Contractor. The packer body shall be fully enclosed and the rear door seal leak-proof.

i. Container Types All containers must meet all applicable American National Standards Institute (“ANSI”) standards.

The Contractor shall furnish containers of the prescribed capacity and quantities at the locations shown on the Bid Form. Any metal containers used shall be rigidly constructed of hot-rolled steel.

All corner joints shall be welded inside and outside at points of stress and reinforced with structural channels, gussets, and angles. All outside corners are to be continuously seam-welded to prevent leaking and rusting for strength and for neatness of appearance. All containers shall be leak proof, fire resistant, maintained odor free, and equipped with drain plugs.

All newly provided metal containers shall be newly painted and identified by the Contractor's name and telephone number. All containers six (6) cubic yards and larger shall be equipped with side-loading doors in addition to the top-loading lids. Containers shall remain the property of the Contractor; their maintenance and replacement shall be the Contractor’s responsibility.

Refuse containers shall be a different color than recycling containers and clearly identify the type of material to be placed in them. All containers must be able to be secured with locks provided by the Contractor.

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j. Damaged Containers All containers damaged during emptying shall be replaced within twenty-four (24) hours after report of such damage to the Contractor by the City, NPS, LTTCH, or NRHA.

k. Container Maintenance The Contractor shall maintain the containers in a sanitary condition, including their necessary steam cleaning, painting or replacement with clean and sanitary containers as directed by the Superintendent of Waste Management. Containers shall be steam cleaned annually at a minimum, and as needed throughout the year.

l. Missed Collections Any container not emptied on schedule by the Contractor, for any reason, shall be emptied within four (4) hours’ notice by the City, NPS, LTTCH, or NRHA. Repeated failure by the Contractor to empty containers on schedule may be cause for termination of the resulting contract(s).

m. Property Damage The Contractor shall repair at its own expense any City, NPS, LTTCH, or NRHA property damaged during the normal course of doing business in a reasonable amount of time as determined by the entity whose property was damaged. The Contractor is not responsible for damage to pavement, driving surfaces, or sub-surfaces resulting from equipment or trucks servicing the collection containers if the Contractor adheres to the requirements of this solicitation.

n. Invoicing The City, NPS, LTTCH, and NRHA will provide the Contractor the contact persons and billing addresses for each entity requiring service after contract award. The Contractor shall invoice each entity monthly. Invoices shall include the following information:

i. Invoice date,

ii. Dates of service,

iii. Service address,

iv. The size of the container (s) serviced,

v. The frequency of service,

vi. Charges for each type of removal outside standard service,

vii. Tonnage for the tire disposal dumpster.

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SECTION II – INSTRUCTIONS TO THE BIDDER

A. ISSUING OFFICE:

City of Norfolk Office of the Purchasing Agent 810 Union Street, Suite 303 Norfolk, VA 23510 michael.dennie@norfolk.gov

B. IFB SCHEDULE:

See posting at https://procurement.opengov.com/portal/norfolk for applicable schedule information.

C. CONTACT WITH CITY STAFF, REPRESENTATIVES, AND/OR AGENTS:

Direct contact with City staff, representatives, and/or agents other than the Issuing Office staff on the subject of this IFB or any subject related to this IFB is expressly prohibited except with the prior knowledge and permission of the Purchasing Agent.

D. BIDDERS OF RECORD:

Bidders receiving a copy of this IFB from a source other than the Issuing Office should consult the Office of the Purchasing Agent’s electronic bid service provider website https://secure.procurenow.com/portal/norfolk.

E. QUESTIONS, CHANGES, MODIFICATIONS, AND ADDENDA:

All questions relating to this solicitation shall be submitted through the Questions and Answers tab in the electronic solicitation posting for IFB No. 11127-0-2027/MD Bulk Waste Containers and Waste Removal Services at https://secure.procurenow.com/portal/norfolk. Questions should be succinct.

Prior to the award of a contract resulting from this solicitation, bidders are prohibited from contacting City staff other than the Office of the Purchasing Agent.

If any questions or responses require revisions to this solicitation as it was originally published, such revisions will be by formal Addenda only. Bidders are cautioned that any written, electronic, or oral representations made by any City representative or other person that appear to change materially any portion of the solicitation shall not be relied upon unless subsequently ratified by a written Addendum to this solicitation issued by the Office of the Purchasing Agent through the Office of the Purchasing Agent’s electronic bid service provider website https://secure.procurenow.com/portal/norfolk.

No questions will be considered if they are submitted after September 24, 2026 at 5:00 PM EST.

F. BID SUBMISSION:

Bids shall be submitted electronically through the Office of the Purchasing Agent’s electronic bid service provider website https://secure.procurenow.com/portal/norfolk. Bids must be submitted before date and time due specified in the solicitation. Hard copy or e-mailed bids, and/or late submissions will not be accepted.

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G. BID SUBMITTAL REQUIREMENTS:

Bids shall include the following documents:

1) The completed cover page of this IFB, which will contain:

a. Signature of an agent authorized to bind the company

b. Requested contact information

2) Attachments A – J (Attachment G is optional)

3) Bidders shall complete all Vendor Submission requirements included in the electronic posting of the solicitation.

4) Bidders shall provide all pricing required in Attachment J - Bid Form.

5) References from at least three (3) organizations of similar size and scope for which the bidder has performed the work described during the past three (3) years.

6) A list of all trucks the bidder has available demonstrating its ability to provide the services for which it is bidding.

7) Bids shall include a statement setting forth the basis for protection of all proprietary information, if any.

H. METHOD OF AWARD:

The award of a contract(s) shall be at the sole discretion of the City. Award(s) will be made to the lowest bidder(s) that is responsible whose bid complies with all of the provisions of the IFB, provided that the amount does not exceed the amount of funds available to finance the contract. In the event that a responsive bid from the lowest responsible bidder exceeds available funds, the Purchasing Agent may negotiate the amount of the bid with the apparent low bidder to obtain a contract price within available funds.

The City reserves the right to accept or reject any or all bids in whole or in part and to waive informalities. Bidders shall submit bids, in accordance with the IFB requirements and maintain compliance with all federal, state, and local laws and regulations. The contents of the bid of the selected Bidder(s) will be incorporated and made a part of any City contractual obligation when the award(s) is made.

The lowest bidders will be determined by the sum of all line items. The City will award to the lowest responsive and responsible bidder.

Discrepancies between the multiplication of unit prices and extended prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words.

Unbalanced bids will be rejected. An unbalanced bid is one containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which the bidder anticipates for the performance of the items in question.

I. BIDDER CERTIFICATION:

Submission of a signed Bid Form is certification by the respective bidder that it is registered with the Virginia State Corporation Commission, if applicable, it is the legal entity authorized to enter into an agreement with the City, and that it will accept any award made to it as a result of the submission.

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J. NONCONFORMING TERMS AND CONDITIONS:

If a bidder submits with its bid alternate terms and conditions that do not conform to the terms and conditions in this solicitation, the bid will be subject to rejection as nonresponsive.

K. DISPOSITION OF BIDS:

All materials submitted in response to this IFB will become the property of the City. One (1) copy of each bid shall be retained for official files and will become a public record after the award and open to public inspection. It is understood that the bid will become a part of the official file on this matter without obligation on the part of the City except as to the disclosure restrictions contained in Section II, L. “Disclosure.”

L. DISCLOSURE:

In compliance with the Code of the City of Norfolk, Virginia Section 33.1-9, trade secrets or proprietary information submitted by contractors in connection with a procurement shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidders must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the specific area or scope of data or other materials to be protected and state the reasons why protection is necessary. An all-inclusive statement that the entire bid is proprietary is unacceptable and will not be honored. A statement that costs and/or bid pricing are to be protected is unacceptable and will be disregarded. If the City receives a VFOIA request for records, the City will have the final determination if any information will be withheld under VFOIA, regardless of if the information was marked proprietary or trade secret information.

M. COST INCURRED IN RESPONDING:

This solicitation does not commit the City to pay any costs incurred in the preparation and submission of bids or in making necessary studies or designs for the preparation thereof, nor to procure or contract for services.

N. ANTI-COLLUSION:

Collusion or restraint of free competition, direct or indirect, is prohibited. Contractors are required to execute the anti-collusion statement. See Attachment A.

O. ETHICS IN PUBLIC CONTRACTING:

The contractor shall familiarize itself with Chapter 33.1, Article VII (Sections 33.1-86 through 33.1-93) of the Code of the City of Norfolk, Virginia, 1979, as amended, entitled “ETHICS IN PUBLIC CONTRACTING,” including the additional statutes set forth in Section 33.1-86 thereof, which are attached. The contractor shall abide by such provisions in submission of its bid and performance of any contract awarded. See Attachment B.

P. NONDISCRIMINATION:

The contractor agrees that it will adhere to the nondiscrimination requirements set forth in the Code of the City of Norfolk Section 33.1-53, which will be incorporated into any contract awarded. See Attachment C.

Q. DEBARMENT CERTIFICATION:

The certification regarding debarment, suspension, proposed debarment, and other responsibility matters attached to this IFB must be executed and returned with bid documents. See Attachment D.

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R. BIDDER INVESTIGATIONS:

Before submitting a bid, each bidder must make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by City upon which the bidder will rely. No claims of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful bidder from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful bidder.

S. INCOMPLETE DOCUMENTS:

Each bidder is responsible for having determined the accuracy and/or completeness of the solicitation documents upon which it relied in making its bid, and has an affirmative obligation to notify the City Purchasing Agent immediately upon discovery of an apparent or suspected inaccuracy, error in, or omission of any pages, drawings, sections, or addenda whose omission from the documents was apparent from a reference or page numbering or other indication in the solicitation documents.

If the successful bidder proceeds with any activity that may be affected by an inaccuracy, error in, or omission in the solicitation documents of which it is aware but has not notified the City Purchasing Agent, the bidder hereby agrees to perform any activity described in the missing or incomplete documents at bidder’s sole expense and at no additional cost to City.

T. QUALIFICATION OF BIDDERS:

Each bidder may be required, before the award of contract, to show to the complete satisfaction of the Purchasing Agent that it has the necessary facilities, ability, and financial resources to comply with the contract and furnish the service, material, or goods specified herein in a satisfactory manner. Each bidder may also be required to provide past history and references which will enable the Purchasing Agent to be satisfied as to the bidder's qualifications. Failure to qualify according to the foregoing requirements will result in bid rejection by the City.

U. ALTERNATE BID:

Bidders who have other items they wish to offer in lieu of, or in addition to, what is required by this solicitation shall submit a separate bid clearly marked “ALTERNATE BID”. Alternate bids will be automatically deemed nonresponsive and will not be considered for award. Such bids will, however, be examined prior to awarding the contract contemplated herein and may result in either cancellation of all bids in order to permit rewriting of the solicitation to include the alternate item in a rebid or the alternate item may be considered for future requirements.

V. INFORMALITIES:

The City reserves the right to waive minor defects or variations from the exact requirements of the solicitation in a bid insofar as those defects or variations do not affect the price, quality, quantity, or delivery schedule of the services being procured. If insufficient information is submitted for the City to properly evaluate the bid by a bidder; the City reserves the right to require such additional information as it may deem necessary after the bid opening time and date, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the services being procured.

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W. CITY OF NORFOLK BUSINESS LICENSES:

The successful bidder must comply with the provisions of Chapter 24 (“Licenses and Taxation”) of the City of Norfolk Code, if applicable. For information on the provisions of that Chapter and its applicability to this Agreement, the Contractor must contact the City of Norfolk Business License Division, Office of the Commissioner of the Revenue, 810 Union Street, City Hall, First Floor, West Wing, Norfolk, Virginia 23510.

X. AUTHORITY TO TRANSACT BUSINESS:

Any bidder 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. The proper full and legal name of the firm or entity and the identification number issued to the bidder by the State Corporation Commission must be written in the space provided on the Bid Form. Any bidder that is not required to be authorized to transact business in Virginia shall include in its bid a statement describing why the bidder is not required to be so authorized. The City may require a firm to provide documentation prior to award which: 1) clearly identifies the complete name and legal form of the firm or entity (i.e.

corporation, limited partnership, etc.), and 2) establishes that the firm or entity is authorized by the State Corporation Commission to transact business in the Commonwealth of Virginia. Failure of a prospective and/or successful bidder to provide such documentation shall be grounds for rejection of the bid or cancellation of the award. For further information refer to the Commonwealth of Virginia State Corporation Commission website at: www.scc.virginia.gov.

Y. BID WITHDRAWAL PRIOR TO BID OPENING:

No bid can be withdrawn after it is filed with the Office of the Purchasing Agent unless the bidder makes a request in writing to the Purchasing Agent prior to the time set for the opening of bids.

Z. WITHDRAWAL OF BID FROM CONSIDERATION AFTER BID OPENING:

After the opening of a bid, a bidder may withdraw its bid from consideration if the price of the bid is substantially lower than other bids due solely to a mistake therein, provided the bid is submitted in good faith, the mistake is a clerical mistake as opposed to a judgment mistake, and is actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. No partial withdrawals of bids will be permitted after the time and date set for the bid opening. The bidder must give notice in writing to the City Purchasing Agent of a claim of right to withdraw a bid and provide all original work papers, documents and other materials used in the preparation of the bid sought to be withdrawn, within two (2) business days after the date of bid opening. A bid may also be withdrawn if the City fails to award or issue a notice of intent to award the bid within ninety (90) days after the date fixed for opening bids.

AA. ESTIMATED QUANTITIES/NON-EXCLUSIVITY OF CONTRACTOR ACKNOWLEDGEMENT:

Bidders acknowledge that the contract that will be entered into as a result of this solicitation will not obligate the City to purchase a specific quantity of items or services during the Contract terms. Any quantities which are included in the Contract Documents are the present expectations of those who are planning for the City for the period of the Contract. The amount is only an estimate and the Bidder understands and agrees that the City is under no obligation to the Bidder to buy that amount, or any amount as a result of having provided this estimate or of having had any normal or otherwise

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BB. NOTICE OF DECISION TO AWARD:

When the City has made a decision to award a contract, an e-mail with a Notice of Decision to Award will be sent to all Bidders, using the email address provided in the Bid Form.

CC. EQUAL OPPORTUNITY BUSINESS DEVELOPMENT:

The City encourages small businesses and businesses owned by women, minorities, and service-disabled veterans to compete, and encourages non-minority firms to provide for the participation of small businesses through subcontracting, partnerships, joint ventures, and other contractual opportunities. All bidders are requested to complete Attachment G to indicate the planned use of such businesses in fulfilling any resulting contract.

DD.COOPERATIVE PROCUREMENT:

The procurement of goods and/or services provided for in the resulting contract is being conducted pursuant to Virginia Code § 2.2-4304. Therefore, the successful offeror agrees that it will contract with any other public agency or body in the Commonwealth of Virginia who so desires, to permit those public agencies or bodies to purchase such goods and/or services at contract prices, in accordance with the terms, conditions, and specifications of this procurement.

The successful offeror shall deal directly with each public agency or body seeking to obtain any goods and/or services pursuant to the resulting contract or from this procurement and in accordance with Virginia Code § 2.2-4304. The City of Norfolk shall not be responsible or liable for any costs, expenses, or any other matters of any type to either the successful offeror or the public agency or body seeking to obtain any goods and/or services pursuant to this cooperative procurement provision. Each entity shall be responsible for the administration of its individual contract with the successful offeror.

EE. METHOD OF PAYMENT – MANDATORY ACCEPTANCE OF ELECTRONIC PAYMENT:

All payments by the City under the resulting agreement shall be made by electronic funds transfer except as provided in paragraph a) of this clause. As used in this clause, the term Electronic Funds Transfer (“EFT”) refers to electronic funds transfer and may include, at the Contractor’s discretion, either “ACH” payments (bank transfers) or “ESP” payments (credit card payments).

a) In the event the City is unable to release one or more payments by electronic funds transfer, the Contractor agrees to either:

i. Accept payment by check or some other mutually agreeable method of payment; or

ii. Request the City to extend payment due dates until such time as the City makes payment by EFT.

b) Mandatory submission of Contractor's EFT information:

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i. The Contractor is required to provide the City with the information required to make payment by EFT (see paragraph (d) of this clause).

ii. If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information to each contract.

c) Mechanisms for EFT payment. The City may make payment by EFT through either through:

i. the Automated Clearing House (ACH) network payment directly to the Contractor’s designated account, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System, or

ii. ESP payments which involve use of a virtual credit card (16 Digit Single Use Card #) issued by Truist Bank (formerly SunTrust Bank) for accessing the funds.

d) Forms to register for either type of electronic payment will be provided to the Contractor for completion prior to selection and must be completed prior to the issuance of a Purchase Order or award of any contract pursuant to this solicitation.

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SECTION III – CONTRACT TERMS AND CONDITIONS

CONTRACT TERM

The Term of this Contract will be for five (5) years.

PRICE ADJUSTMENTS

The pricing of the resulting Contract will remain firm throughout the Contract Term unless the Contractor or the City submit a written price adjustment request to the other party not less than 60 days prior to the anniversary of the execution of the Contract (“Anniversary Date”). Adjustments to the pricing will not exceed half of the percentage of change in the U.S. Department of Labor Consumer Price Index, All Items, Not Seasonally Adjusted, Urban Areas (“CPI-U”) for the 12-month period ending five months prior to the Anniversary Date of each year of the Contract, or three percent (3%), whichever is lower.

Any adjustment to the pricing that results from this provision will become effective the day after the Anniversary Date and shall be binding on both parties for the remainder of the Contract Term unless a price adjustment is requested by the Contractor or the City in a subsequent year, as set forth above.

If the Contractor and the City have not agreed on a requested price adjustment by 30 days before the Anniversary Date, the City may in its sole discretion terminate the Contract.

INSURANCE REQUIREMENTS

The Contractor will maintain during the term of this Agreement insurance of the types and in the amounts described below. All insurance policies affected by this agreement will be primary and noncontributory to any other insurance or self-insurance maintained by the City, and will be written in an ISO form approved for coverage in the Commonwealth of Virginia. Policy limits may be met via either a singular policy, or in combination with primary and excess, or umbrella, insurance policies. All policies will provide that the Contractor will receive at least thirty (30) days written notice in the event of cancellation of, or material change in, any of the policies. Unless otherwise specifically approved by the City, all general liability and automobile/vehicle liability policies will include the City of Norfolk, Va., the School Board of the City of Norfolk, the Hospital Authority of Norfolk, and the Norfolk Redevelopment and Housing Authority and their employees as "Additional Insured", and be written as an “occurrence” based policy. If the Contractor fails to maintain the insurance as set forth in this Contract, the City has the right, but not the obligation, to purchase such insurance at the Contractor’s expense.

COMMERCIAL GENERAL LIABILITY INSURANCE (“CGL”) with a limit of not less than $1,000,000 each occurrence, $2,000,000 general aggregate. CGL will cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and liability assumed under this Agreement.

WORKER'S COMPENSATION INSURANCE providing coverage as required by applicable Federal and, or, States’ statutes, and Employer's Liability Insurance. The limits of such polices will be at least $500,000 per accident/disease, and policy limit of $500,000.

AUTOMOBILE/MOTOR VEHICLE LIABILITY INSURANCE with a limit of not less than $2,000,000 combined single limit; or, Bodily Injury $1,000,000 each person, $2,000,000 accident, and Property Damage $100,000 each accident. Such insurance must cover liability arising from any motor vehicle as defined by Commonwealth of Virginia laws and must include coverage for owned, hired and non-owned motor vehicles, as well as uninsured and underinsured motorists.

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CONTRACTOR’S POLLUTION LIABILITY INSURANCE coverage, including environmental remediation, which must be written on an ISO claims-made form, Pollution Liability Coverage Form -- Designated Sites, or a substitute form providing equivalent liability coverage, with limits of at least $5,000,000 per claim and an aggregate limit of $10,000,000, inclusive of defense costs, with a deductible not to exceed $25,000. The Contractor will warrant that any retroactive date applicable to the coverage under the policy is the same as or precedes the Effective Date of the Contract and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time the work under the Contract is completed, or if coverage is cancelled for any reason, the extended discovery period will be exercised for the maximum time allowed by the policy. If the scope of work as defined in the Contract includes the disposal of any hazardous or non-hazardous materials from the job site, the Contractor must furnish to the City evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $2,000,000 per loss, and an annual aggregate of $4,000,000.

INSURANCE POLICIES/CERTIFICATE OF INSURANCE. The Contractor will furnish the City with copies of the policies, or a certificate(s) of insurance evidencing policies, required above. The certificate(s) will specifically indicate that the insurance includes any extensions of coverage required above. In the event of cancellation of, or material change in, any of the policies, the Contractor will notify the City within at least fourteen (14) days after receiving notice of such cancellation or policy change and provide evidence that insurance coverage is in place to meet the requirements of this agreement. If the Certificate indicates coverage applicable insurance policies will expire prior to completion of all terms of this Contract, the Contractor will furnish a certificate of insurance evidencing renewal of such coverage to the City within ten (10) days of the effective date such renewal. All certificates will be executed by a duly authorized representative of each insurer, showing compliance with the requirements of this Contract. Failure of the City, and, or the City’s designated agents for this Contract, to (1) demand such certificates or other evidence of full compliance with these requirements, and, or, (2) identify a deficiency from evidence that is provided, will not be construed as a waiver of the Contractor’s obligation to maintain the insurance required in this Contract.

SUBCONTRACTOR'S INSURANCE. The Contractor will require each of his Subcontractors for work performed under this Contract to take out and maintain during the life of the subcontract insurance coverage of the same type and limits required of the Contractor for work performed by the Subcontractor. Each Subcontractor will furnish to the Contractor copies of the policies, or certificates of insurance, evidencing the applicable insurance. The Subcontractor will comply with the same requirements regarding indications of coverage, renewal and submission of policies as is required of the Contractor. The Contractor will furnish at least one copy the Subcontractor’s policies/certificates to the City.

INDEMNIFICATION

The Contractor shall indemnify and save harmless the City and its representatives from and against all losses and claims, demands, suits, actions, payments, and judgments arising from personal injury or otherwise, brought or recovered against the City and its representative by reason of any act, negligence or omission of the Contractor, its agents, servants or employees, in the execution of the contracted work, including any and all expense, legal and otherwise, incurred by the City or its representatives in the defense of claim or suit. This paragraph shall survive the expiration or termination of this Contract.

APPROPRIATION OF FUNDS

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Compensation pursuant to performance under this Contract shall be subject to appropriation by the Council of the City of Norfolk. The City shall not incur any obligation or liability under this Contract beyond the funds appropriated for such obligation or liability in any fiscal year in which this Contract is in effect.

Funds are certified for the first year of this Contract. On or before July 1 of each succeeding Contract Year during the term of this Contract, the Director of Finance shall certify the funds for that Contract Year. If such funds are not available and/or appropriated, the City may cancel the Contract without incurring any liability and/or damages of any type to the Contractor. Any such cancellation may be by a written notice from the City to the Contractor.

PAYMENT OF SUBCONTRACTORS

The Contractor is obligated to take one of the two following actions within seven (7) days after receipt of amounts paid to the Contractor by the City for work performed by any subcontractor under this Contract:

a. Pay the subcontractor for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor under this Contract; or

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

The Contractor is obligated to pay interest to the subcontractor on all amounts owed by the Contractor to the subcontractor that remain unpaid after seven (7) days following receipt by the Contractor of payment from the City for work performed by the subcontractor under this Contract, except for amounts withheld as allowed in subsection b., above. Unless otherwise provided under the terms of this Contract, interest shall accrue at the rate of one percent (1%) per month.

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

The Contractor's obligation to pay an interest charge to a subcontractor pursuant to this section may not be construed to be an obligation of the City. A Contract modification or Amendment to this Contract may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

FORCE MAJEURE

The Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this Contract if such failure is due to fire, riot, rebellion, natural disaster, emergency or disaster declared by the Governor or President of the United States, war, act of terrorism, or act of God beyond control of the Contractor, and outside and beyond the scope of the Contractor’s then current, by industry standards, disaster plan, that make performance impossible or illegal, unless the solicitation calls for performance by the Contractor of emergency services or under emergency conditions or as otherwise specified in the Contract.

The City shall not be held responsible for failure to perform its duties and responsibilities imposed by this Contract if such failure is due to fire, riot, rebellion, natural disaster, epidemic, pandemic, medical emergency, other declared emergency or disaster, was, act of terrorism, or an act of God beyond control of the City that make performance impossible or illegal, unless otherwise specified in the Contract.

NOTICES

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All notices, requests, demands, and other communications required or permitted under this Contract shall be in writing and shall be deemed to have been duly made when received by U.S. Mail or hand-delivery.

Notices to the City shall be addressed as follows:

City Manager, City of Norfolk 1101 City Hall Building 810 Union Street Norfolk, Virginia 23510

With copy to:

City Attorney, City of Norfolk 900 City Hall Building 810 Union Street Norfolk, Virginia 23510

Notices to the Contractor shall be addressed to the name and/or title of the Contractor as set forth on Page 1 of the Bid.

CITY OF NORFOLK BUSINESS LICENSES

The Contractor must comply with the provisions of Chapter 24 (“Licenses and Taxation”) of the City of Norfolk Code, if applicable. For information on the provisions of that Chapter and its applicability to this Contract, the Contractor must contact the City of Norfolk Business License Division, Office of the Commissioner of the Revenue, 810 Union Street, City Hall, First Floor, West Wing, Norfolk, Virginia 23510.

DEFAULT AND TERMINATION

If the Contractor fails or refuses to perform any of the terms of this Contract, including poor services, work or materials, the City may, by written notice to Contractor, terminate this Contract in whole or in part. In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the City resulting from Contractor's default. The City further reserves the right to immediately obtain such work or services from other entities in the event of Contractor’s default.

SUSPENSION OR TERMINATION OF AGREEMENT BY CITY

The City, at any time, may order Contractor to immediately stop work on this Contract, and/or by one hundred twenty (120) days written notice may terminate this Contract, with or without cause, in whole or in part, at any time. Upon receipt of such notice, the Contractor shall immediately discontinue all services affected (unless the notice directs otherwise), and deliver to the City all data (including electronic data), drawings, specifications, reports, project deliverables, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process (unless otherwise directed by the notice).

If the termination or stop work order is due to the failure of the Contractor to fulfill any of its Contract obligations, the City may take over the work and prosecute the same to completion by contract or otherwise.

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Should the Contract be terminated or work is stopped not due in any way to the fault of the Contractor, the Contractor shall only be entitled to compensation for services actually performed and materials actually supplied prior to notice of termination or to stop work and which are approved by the City and any applicable federal or state approving agency. No profit, overhead, or any other costs of any type are allowed after the date of such notice of termination or stop work order.

The rights and remedies of the City provided in this Section are in addition to any other rights and remedies provided by law or under this Contract and the City may pursue any and all such rights and remedies against the Contractor as it deems appropriate.

ASSIGNMENT

The Contractor shall not assign, transfer, subcontract, or otherwise dispose of its rights or duties under this Contract to any other person, firm, partnership, company, or corporation without the previous consent in writing of the City.

INDEPENDENT CONTRACTOR

The Contractor shall at all times act as an independent contractor in the performance of this Contract.

Neither the Contractor nor its employees or agents shall represent themselves to be, or be deemed to be, employees of the City.

SEVERABILITY

If any provisions of this Contract are held to be unenforceable, this Contract shall be construed without such provisions.

WAIVER

The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future.

CHANGES

This Contract may be amended only by a written document executed by a duly authorized representative of each of the parties.

GOVERNING LAW AND VENUE

This Contract is made under and shall be construed according to the laws of the Commonwealth of Virginia. Venue, in the event of litigation, shall be in City of Norfolk.

ETHICS IN PUBLIC CONTRACTING

The Contractor hereby certifies that it has familiarized itself with §§33.1-86 through 33.1-93 of the Code of the City of Norfolk, Virginia, 1979, as amended, entitled "Ethics in Public Contracting," and further that all amounts received by Contractor, pursuant to this Contract are proper and in accordance therewith.

NON-DISCRIMINATION

In the performance of this Contract, the Contractor agrees that it will adhere to the nondiscrimination requirements set forth in §33.1-53 of the Code of the City of Norfolk, Virginia, 1979, as amended.

DRUG-FREE WORKPLACE

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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 by the City, the employees of which Contractor 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. As a condition of continued service on the contract, any Contractor personnel assigned to this project may be required to submit to an alcohol/drug test at any time.

COMPLIANCE WITH FEDERAL IMMIGRATION LAW

The Contractor shall certify that, at all times during which any term of an contract resulting from this solicitation is in effect, it does not and shall not knowingly employ any unauthorized alien. For purposes of this section, an “unauthorized alien” shall mean any alien who is neither lawfully admitted for permanent residence in the United States nor authorized to be employed by either Title 8, section 1324a of the United States…