844773materNfk.pdf

Request for Quotes (RFQ) RFQ 11351-0-2027/TN, Disposal of Excavated Material

Quote Opening Date and Time: September 29, 2026 2:00 PM Eastern Time

The City of Norfolk is seeking a responsible vendor to provide disposal of excavated material according to the terms, conditions, and specifications of this solicitation.

OFFER TO CONTRACT

By submitting this quote 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”), with the goods and/or services specified in this solicitation in accordance with the terms, conditions and requirements specified herein at the prices bid. The signature below shall be provided by an agent authorized to bind the company. Failure to execute this portion may result in quote rejection.

Bidder’s Legal Name:

Bidder Address:

Virginia State Corporation Commission Number:

Authorized Agent Signature:

Authorized Agent Name (Printed):

Authorized Agent Title:

Authorized Agent Contact E-mail:

Authorized Agent Contact Phone:

Date:

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SECTION I – SCOPE OF SERVICES

A. PURPOSE:

The City is seeking a responsible vendor to provide disposal of excavated materials listed herein on an as-needed basis for the City in according to the terms, conditions, and specifications of this solicitation.

All qualified bidders are invited to respond to this Request for Quotes (“RFQ”) by submitting a quote consistent with the terms, conditions, and specifications stated herein.

B. BACKGROUND:

The City delivers approximately 7,000 tons of various types of excavated material annually to a contracted disposal facility. The excavated material contains the following debris: excess soil, concrete, and asphalt debris. See Section C. Scope of Work, paragraph 4. Types of Debris for Disposal, for definitions of the material types.

C. SCOPE OF WORK:

1. Facility Requirements The Contractor shall have one or more of the following type of facilities: disposal facilities, material recovery facilities, and/or transfer station(s). The facility shall meet the following requirements to ensure that waste is managed in accordance with all federal, state, and local laws, regulations, and codes.

The Contractor’s disposal facility:

Shall have a permit from the Commonwealth of Virginia Department of Environmental Quality (DEQ) as a disposal facility, transfer station or material recovery facility that accepts all the materials outlined in this bid.

Shall not have been issued a Warning, Notice to Correct or Notice of Violation by the DEQ, other environmental regulating agencies, or local government entities where the facility is located for the previous one (1) year of operation.

Shall have calibrated and accurate weight scales on site. Scales shall be tested and certified in accordance with the requirements of the Commonwealth of Virginia, Department of Agriculture and Consumer Affairs, Office of Product and Information Standards, Division of Weights and Measures.

Shall have internal roadways, ramps, parking, and other surface treatments in the Contractor's facilities that are accessible in all weather conditions.

Shall have internal roadways, ramps and other areas allowing City vehicles to travel inside the Contractor's facility that are wide enough to safely pass two-way traffic of disposal vehicles in all areas except roadways designated and signed as one way only.

Shall be within twenty (20) miles of the City of Norfolk, Department of Utilities Operations Center, located at: 1316 Ballentine Boulevard, Norfolk, Virginia 23504.

Bidders outside this radius shall provide a DEQ licensed transfer station within this radius.

Shall be open for disposal at a minimum between the hours of 7:00 am and 4:00 pm, Monday through Friday. Upon request from the City, the Contractor shall provide a schedule of weekend, holiday, and after-hours times of operation.

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2. Contractor Personnel The Contractor shall provide trained and experienced spotters with safety vest and hardhat to assist the City safely to back up vehicles to the dump site.

3. Disposal Process The City will place orders by issuing a Delivery Order to the Contractor as actual requirements are generated.

The City will deliver the waste material directly to a Contractor's disposal facility, transfer station, or materials recovery facility. Upon delivery, the Contractor will provide a load ticket to the City’s driver for each truck prior the truck exiting the Contractor's facility. The load ticket shall list the type of material, the weight (tons) of the load, gross weight, truck number, unit price of the load, cost of the load disposal or processing, driver's first and last name and unique ticket number.

4. Types of Debris for Disposal Fill Material Debris is defined as excess soil and includes, but not limited to sand, gravel, clay silts, foams, and natural material with less than 10% of the material being trash, litter, organic matter, concrete, and asphalt. Fill material shall be measured and paid based on a per ton basis.

Concrete Debris is defined as demolished curb gutter, sidewalks and similar material with primary content being Portland cement, large aggregates, sand, and other admixtures. Concrete may include reinforcing steel and/or welded wire fabric. Concrete may include less than 10% trash, litter, organic matter, and fill material. Concrete Debris shall be measured and paid on a per ton basis.

Asphalt Debris is defined as demolished road surface and parking surfaces and similar material with primary content being large aggregate, sand, and asphaltic cement compounds. Asphalt may Include a limited amount of Concrete, stone base and soil. Asphalt shall include less than 10% trash, litter, and organic matter and fill material. Asphalt Debris shall be measured and paid on a per ton basis.

5. Invoice The Contractor shall invoice the City within one (1) month of service. The invoice shall include each unique load ticket number, contracted unit price, quantity of material disposed, and total price. A copy of the load ticket will be attached to the invoice. Invoices will be addressed to the following address and emailed to utaccountspayable@norfolk.gov:

Norfolk Utilities Combined Operations AP

PO BOX 1080

Norfolk, VA 23501

The City will process payments for accurate and complete invoices from the Contractor on a monthly basis.

mailto:utaccountspayable@norfolk.gov

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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 Telephone: (757) 448-9849 E-mail: patricia.northcutt@norfolk.gov

B. RFQ SCHEDULE:

Event Date

RFQ Issued September 21, 2026

Question Deadline September 24, 2026 5:00 p.m. Eastern

RFQ Due September 29, 2026 2:00 p.m.

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 RFQ or any subject related to this RFQ is expressly prohibited except with the prior knowledge and permission of the Purchasing Agent.

D. BIDDERS OF RECORD:

Bidders receiving a copy of this RFQ from a source other than the Issuing Office should consult the Office of the Purchasing Agent’s electronic bid service provider website https://procurement.opengov.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 RFQ No. 11351-0-2027 at https://procurement.opengov.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://procurement.opengov.com/portal/norfolk.

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

mailto:patricia.northcutt@norfolk.gov https://procurement.opengov.com/portal/norfolk https://procurement.opengov.com/portal/norfolk

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F. QUOTE SUBMISSION:

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

G. BID SUBMITTAL REQUIREMENTS:

Quotes shall include the following documents:

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

a. Signature of an agent authorized to bind the company

b. Requested contact information

2) Attachments A – F. Attachment G is encouraged but not required.

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

4) Bidders shall provide all pricing required in the Bid Form section of the electronic posting of the solicitation.

5) Quotes 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 quote complies with all of the provisions of the RFQ, provided that the amount does not exceed the amount of funds available to finance the contract. In the event that a responsive quote from the lowest responsible bidder exceeds available funds, the Purchasing Agent may negotiate the amount of the quote 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 quotes in whole or in part and to waive informalities. Bidders shall submit quotes, in accordance with the RFQ requirements and maintain compliance with all federal, state and local laws and regulations. The contents of the quote 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 total cost will be determined by total cost bid by each bidder. Please see the electronic posting of the solicitation to submit quote pricing.

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 quotes will be rejected. An unbalanced quote is one containing lump sum or unit line 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.

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I. BIDDER CERTIFICATION:

Submission of a signed Quote 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.

J. NONCONFORMING TERMS AND CONDITIONS:

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

K. DISPOSITION OF QUOTES:

All materials submitted in response to this RFQ will become the property of the City. All quotes 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 quote 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 quote is proprietary is unacceptable and will not be honored. A statement that costs and/or 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 quotes 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 quote 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.

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Q. DEBARMENT CERTIFICATION:

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

R. BIDDER INVESTIGATIONS:

Before submitting a quote, 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 quote, 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 quote rejection by the City.

U. ALTERNATE QUOTE:

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 quote clearly marked “ALTERNATE QUOTE”. Alternate quotes will be automatically deemed nonresponsive and will not be considered for award. Such quotes will, however, be examined prior to awarding the contract contemplated herein and may result in either cancellation of all quotes 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 quote 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 quote by a bidder; the City reserves the right to require such additional information as it may deem necessary after the quote opening time and date, provided that the

8 | P a g e information requested does not change the price, quality, quantity, or delivery schedule for the services being procured.

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 on the quote. Any bidder that is not required to be authorized to transact business in Virginia shall include in its quote 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 quote or cancellation of the award. For further information refer to the Commonwealth of Virginia State Corporation Commission website at: www.scc.virginia.gov.

Y. WITHDRAWAL OF QUOTE FROM CONSIDERATION AFTER QUOTE OPENING:

After the opening of a quote, a bidder may withdraw its quote from consideration if the price of the quote is substantially lower than other quotes due solely to a mistake therein, provided the quote 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 quote, 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 quote sought to be withdrawn.

No partial withdrawals of quotes will be permitted after the time and date set for the quote opening.

The bidder must give notice in writing to the City Purchasing Agent of a claim of right to withdraw a quote and provide all original work papers, documents and other materials used in the preparation of the quote sought to be withdrawn, within two (2) business days after the date of quote opening.

A quote may also be withdrawn if the City fails to award or issue a notice of intent to award the quote within ninety (90) days after the date fixed for opening quotes.

Z. 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 Term. 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 http://www.scc.virginia.gov/

9 | P a g e measurable requirement in the past. Bidders further understand that the City may require goods and/or services in excess of the estimated annual contract amount and that such excess shall not give rise to any claim for compensation other than at the unit prices and/or rates set forth in the resulting Contract. Further, bidders acknowledge that the items or services covered by this contract may be available or become available under other City contract(s), and that in analyzing its needs, the City may determine that it is in its best interest to procure the items or services through such other contract(s). Therefore, the City does not guarantee that the Bidder will be the exclusive provider of the goods or services covered by the resulting contract.

AA. NOTICE OF DECISION TO AWARD:

When the City has made a decision to award a contract, the City will notify the bidders by e-mail using the email address provided with the quote.

BB. 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 such businesses through subcontracting, partnerships, joint ventures, and other contractual opportunities. All bidders are encouraged but not required to complete Attachment G.

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

All payments by the City under this contract 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:

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 the City’s 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

TERM

Work under this Agreement will commence on the date of the execution of the Agreement by the City and the term of the Agreement is five (5) years.

INSURANCE REQUIREMENTS

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. and its 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 Agreement, the City has the right, but not the obligation, to purchase such insurance at 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 insured contract.

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 million 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.

PROFESSIONAL/ERRORS & OMISSIONS LIABILITY INSURANCE that will protect the Contractor against legal liability from alleged negligence or errors and omissions, including personal injury, which may arise from the performance of the Contractor’s duties and obligations under this contract, and for two years thereafter, whether such operations be by the Contractor, the Contractor’s staff, or by any Subcontractor or anyone directly or indirectly employed by either of them. The minimum acceptable limits of liability to be provided by such Professional Liability Insurance are $1,000,000 each claim, $2,000,000 aggregate.

INSURANCE POLICIES/CERTIFICATE OF INSURANCE. Contractor will furnish the City with two (2) 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 14 days after receiving notice of such cancellation or policy change and provide

11 | P a g e 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 10 days of the effective date of such renewal. All certificates will be executed by a duly authorized representative of each insurer, showing compliance with the requirements of this Agreement. Failure of the City, and, or the City’s designated agents for this Agreement, 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 Agreement.

SUBCONTRACTOR'S INSURANCE. The Contractor will require each of his Subcontractors for work performed under this Agreement 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 two (2) 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 Agreement.

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 Agreement:

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 Agreement; 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 Agreement, except for amounts withheld as allowed in subsection b., above. Unless otherwise provided under the terms of this Agreement, 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.

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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 Agreement 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 Agreement 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 Agreement if such failure is due to fires, riots, rebellions, natural disasters, epidemics, pandemics, medical emergencies, other declared emergencies or disasters wars, acts 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

All notices, requests, demands, and other communications required or permitted under this Agreement 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

1101 City Hall Building 810 Union Street Norfolk, Virginia 23510

With copy to:

City Attorney

900 City Hall Building 810 Union Street Norfolk, Virginia 23510

Notices to 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 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.

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DEFAULT AND TERMINATION

If Contractor fails or refuses to perform any of the terms of this Agreement, including poor services, work or materials, the City may, by written notice to Contractor, terminate this Agreement 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 Agreement, and/or by thirty

(30) days written notice may terminate this Agreement, 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 Agreement 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 Agreement obligations, the City may take over the Work and prosecute the same to completion by contract or otherwise.

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

B. Should the Agreement 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.

C. 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 Agreement and City may pursue any and all such rights and remedies against Contractor as it deems appropriate.

ASSIGNMENT

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

INDEPENDENT CONTRACTOR

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

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

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SEVERABILITY

If any provisions of this Agreement are held to be unenforceable, this Agreement 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 Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties.

GOVERNING LAW AND VENUE

This Agreement 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

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 Agreement are proper and in accordance therewith.

NON-DISCRIMINATION

In the performance of this Agreement, 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

During the performance of this Agreement, 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.

FORCED AND INDENTURED CHILD LABOR PROHIBITED

Contractor agrees that (i) it shall adhere to the requirements of Virginia Code § 2.2-4311.4, which prohibit the use of forced or indentured child labor; and (ii) it shall include a provision prohibiting the use of forced or indentured child labor in every subcontract or purchase order exceeding $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

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"Forced or indentured child labor" means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

COMPLIANCE WITH FEDERAL IMMIGRATION LAW

The Contractor shall certify that, at all times during which any term of an agreement 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 Code or the U.S. Attorney General.

AUTHORIZATION TO TRANSACT BUSINESS IN THE COMMONWEALTH

Contractor hereby represents that it is organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership and is authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

DIGITAL ACCESSIBILITY REQUIREMENTS

Purpose/Intent:

The City of Norfolk is committed to accessibility in accordance with state and federal law, including a web presence and online tools and services that everyone can access. The Web Content Accessibility Guidelines (WCAG) are a set of criteria to help make web technologies and web content more accessible.

Following these guidelines makes content accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity, and combinations of these. Employing accessibility best practices also improves the user experience of all users.

Regulations promulgated by the Department of Justice under Title II of the Americans with Disabilities Act (“ADA”) mandate that state and local governments use WCAG Version 2.1, Level AA as the technical standard for the governments’ web content and mobile apps. This standard also applies to the government’s content, tools, and platforms posted or run by a contractor or vendor.

Accessibility Requirements:

1. Compliance Standard: All deliverables under this contract — including websites, mobile apps, documents (PDFs, Word, PowerPoint, spreadsheets), social media content, software interfaces, and multimedia — must comply with all technical and other standards for digital accessibility applicable to local governments under Title II of the Americans with Disabilities Act (“ADA”) (including but not limited to WCAG 2.1 Level A and Level AA, as required by the Title II ADA regulations in effect as of April 24, 2026), and with any technical or other standards required by Virginia law, including but not limited to the Information Technology Access Act, Virginia Code § 2.2-3500 et seq.

2. Testing and Verification: The vendor shall provide evidence of compliance with the Compliance Standard, including but not limited to third-party audits or accessibility conformance reports. Any defects or non-conforming elements discovered shall be remedied at no additional cost to the City.

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3. Maintenance and Upgrades: Any updates, enhancements, or patches must not degrade accessibility; new or modified content must also meet the Compliance Standard.

4. Forward Compatibility: The vendor shall design and build with future compliance in mind, including readiness for WCAG 2.2 success criteria or subsequent standards (such as WCAG 3), so that migration or upgrades will be feasible without complete redesign.

5. Documentation: Vendor shall deliver relevant accessibility documentation (Voluntary Product Accessibility Template (“VPAT”) or equivalent), and provide training / support materials as needed.

6. Enforcement and Remedies: Failure to meet these standards shall constitute breach of contract, entitling the City to any and all remedies available in law and equity, and as provided in this contract, including but not limited to, the right of the City to obtain alternate performance of the obligations in this contract by another vendor at Contractor’s expense.

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SECTION IV – ATTACHMENTS

ATTACHMENT A – ANTI-COLLUSION STATEMENT

TO ALL BIDDERS: EXECUTE AND RETURN WITH QUOTE DOCUMENTS.

In the preparation and submission of this quote, on behalf of __________________________________(name of Bidder), we did not either directly or indirectly enter into any combination or arrangement with any person, firm or corporation, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free competition in violation of the Sherman Anti-Trust Act, 15 USCS Sections 1 et seq., or the Conspiracy to Rig Bids to Government statutes, Virginia Code Sections 59.1-68.6 through 59.1-68.8.

The undersigned Bidder hereby certifies that this agreement, or any claims resulting there from, is not the result of, or affected by, any act of collusion with, or any act of, another person or persons, firm or corporation engaged in the same line of business or commerce; and, that no person acting for, or employed by, the City of Norfolk has an interest in, or is concerned with, this quote; and, that no person or persons, firm or corporation, other than the undersigned, have or are interested in this quote.

Name: __________________________

Signature: _______________________

Title: ___________________________

Date: ___________________________

Company: _______________________

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ATTACHMENT B – ETHICS IN PUBLIC CONTRACTING

Sec. 33.1-86. - Purpose.

The provisions of this chapter supplement, but do not supersede, other provisions of law including but not limited to, the State and Local Government Conflict of Interests Act (Virginia Code, § 2.1-639.1 et seq.), the Virginia Governmental Frauds Act (Virginia Code, § 18.2-498.1 et seq.), and Articles 2 (Virginia Code, § 18.2-438 et seq.) and 3 (Virginia Code, § 18.2-446 et seq.) of Chapter 10 of Title 18.2 (related to bribery). The provisions of this article apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.

(Ord. No. 33,095, § 1, 9-11-84; Ord. No. 34,573, § 2, 6-30-87)

Sec. 33.1-87. - Proscribed participation by public employees in procurement transactions.

Except as may be specifically allowed by provisions of the State and Local Government Conflict of Interests Act (Virginia Code, section 2.1-639.1 et seq.), no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that:

(1) The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or

(2) The employee, the employee's partners, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five (5) percent; or

(3) The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or

(4) The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor.

(Ord. No. 33,095, § 1, 9-11-84; Ord. No. 34,573, § 3, 6-30-87)

Sec. 33.1-88. - Solicitation or acceptance of gifts.

No public employee having official responsibility for a procurement transaction shall solicit, demand, accept, or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The city may recover the value of anything conveyed in violation of this section.

(Ord. No. 33,095, § 1, 9-11-84)

Sec. 33.1-89. - Disclosure of subsequent employment.

No public employee or former public employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the city unless the employee, or former employee, provides written notification to the city manager prior to commencement of employment by that bidder, offeror or contractor.

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Sec. 33.1-90. - Gifts by bidders, offerors, contractors or subcontractors.

No bidder, offeror, contractor or subcontractor…