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

INVITATION FOR BID

27-015-9999

SOLID FILL DEBRIS DISPOSAL SERVICES

Release Project Date September 21, 2026

Question Submission Deadline September 30, 2026, 12:00pm

Response Submission Deadline October 7, 2026, 3:00pm

Bid Opening Date October 8, 2026, 1:00pm

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

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

Invitation For Bid #27-015-9999 Title: Solid Fill Debris Disposal Services

Table Of Contents

1. INVITATION FOR BIDS (IFB - ID/IQ)

2. PURPOSE

3. SCOPE OF WORK

4. BID SUBMISSION & BID OPENING INSTRUCTIONS

5. PERIOD OF PERFORMANCE

6. METHOD OF AWARD

7. PRICING SCHEDULE: All pricing quoted shall be for full loads and shall include transportation and disposal.

8. VENDOR REQUIRED INFORMATION

9. REQUIRED GENERAL TERMS AND CONDITIONS

10. SPECIAL TERMS AND CONDITIONS

Attachments:

A - IFB Reference Form B - IFB_Signature_Page_solid fill debris disposal

1. INVITATION FOR BIDS (IFB - ID/IQ)

INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ)

IFB No. 27-015-9999 ISSUE DATE: Monday, September 21, 2026

TITLE: Solid Fill Debris Disposal Services

ISSUED BY:

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

USING DEPARTMENT:

City of Chesapeake Public Works 306 Cedar Rd Chesapeake, VA 23322 Chesapeake, Virginia 23322

Period of Contract: Two (2) years years from the effective date with Four (4) one (1) year renewal options, upon mutual written agreement of parties.

The City of Chesapeake will receive bids for the above-named project until 3:00 pm local time on Wednesday, October 7, 2026. Bids must be submitted electronically via the City’s OpenGov E-Procurement website https://procurement.opengov.com/portal/cityofchesapeakeva/projects/244871. Any responses received after the specified time and date will not be considered. Offerors shall upload ONE (1) ORIGINAL OF THE ENTIRE SIGNED AND COMPLETED BID ON

THE OPENGOV E-PROCUREMENT WEBSITE LOCATED HERE

https://procurement.opengov.com/portal/cityofchesapeakeva/projects/244871.

Questions regarding this solicitation must be submitted in writing through the OpenGov E-Procurement Question/Answer Tab via the City’s OpenGov E-Procurement portal on or before 12:00 pm, Wednesday, September 30, 2026.

https://procurement.opengov.com/portal/cityofchesapeakeva/projects/244871

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

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

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

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

2. PURPOSE

The City of Chesapeake is soliciting bids from qualified bidders to establish an Indefinite Delivery / Indefinite Quantity contract to provide Solid Fill Debris Disposal for various City Departments. The City produces approximately 100,000+ cubic yards of solid fill each year. The City will be responsible for loading the trucks.

3. SCOPE OF WORK

The Contractor shall furnish the following goods and services:

3.1. Scope of Work

The Contractor shall provide the following services:

A. Properly dispose of solid fill debris, including but not limited to, rocks, stumps, limbs, brush, sand, asphalt, dirt, concrete, mud, clay, demolition debris (to include mixed loads), and sanitary sewer grit.

B. For deliveries utilizing City equipment, all dump sites must be located within five

(5) miles of the Chesapeake city limits, unless prior approval is granted by the

City's Operation Manager. Utilized dump sites must meet regulatory requirements and applicable operator certification(s).

C. Coordinate and arrange billing with dump site(s) for all deliveries that utilize City vehicles and/or equipment.

3.2. Contractor Requirements

A. Assume responsibility for any overload citations.

B. Contractor must have access to all equipment listed in the Pricing Tables.

https://www.cityofchesapeake.net/941/Current-Solicitations https://www.cityofchesapeake.net/941/Current-Solicitations

C. Contractor must comply with state and local permitting and operational rules.

4. BID SUBMISSION & BID OPENING

INSTRUCTIONS

A. To be considered for selection, sealed bids must be received electronically via the City’s OpenGov E-Procurement website https://procurement.opengov.com/portal/cityofchesapeakeva/projects/244871 by the designated date and hour. Late sealed bids will not be accepted. It is the sole responsibility of the bidder to ensure that its bid is submitted electronically via the City’s OpenGov E-Procurement by the designated date and hour. Receipt of bids will be sent via City's OpenGov E-Procurement website.

B. BID OPENING The Bid Opening will be held on Wednesday, October 7, 2026 at

3:00 pmvia Zoom, and bid tabs will be available at a later time online via the

City's OpenGov E-Procurement website. The Zoom link will be distributed via

"Notices" through OpenGov prior to the bid opening date.

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

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

5. PERIOD OF PERFORMANCE

5.1. Period of Performance

The period of performance will be for one (1) year with up to four (4) one (1)-year renewal options beginning upon execution of the agreement.

6. METHOD OF AWARD

The City reserves the right to make multiple awards as a result of this solicitation. The award(s) will be made to the lowest responsive and responsible bidder(s), based on Grand Total Bid of Section, Pricing Schedule, and meeting the requirements of the solicitation.

7. PRICING SCHEDULE: All pricing quoted shall be for full loads and shall include transportation and disposal.

Pricing scheduled should be completely filled out and returned with the bid. Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of bids, and task orders will be issued on an indefinite quantity/indefinite delivery basis. The bid prices shall include without exception all materials, supervision, labor, equipment, appliances, clean-up, incidental items, applicable sales, use and other taxes, insurance, building permit or fees, and the contractor's labor, overhead, profit, mobilization and other mark-ups. The unit prices shall be maintained throughout the contract term, except as otherwise specified in the Special Terms and Conditions.

LOT 1 TRUCK & TRAILER DISPOSAL SERVICES

Contractor utilizes their vehicles and equipment to pickup solid fill/debris and deliver to the dump site(s).

Line Item Description Quantity Unit of Measure

Unit Cost Total

PICK UP TRUCK

1 Rock 1 Cubic Yard

2 Stump 1 Cubic Yard

3 Limbs 1 Cubic Yard

4 Brush 1 Cubic Yard

5 Sand 1 Cubic Yard

6 Asphalt 1 Cubic Yard

7 Dirt 1 Cubic Yard

8 Concrete 1 Cubic Yard

9 Mud 1 Cubic Yard

10 Clay 1 Cubic Yard

11 Demolition Debris 1 Cubic Yard

SINGLE AXLE TRUCK UNDER 12 FEET, SIDES UNDER 4 FEET

12 Rock 1 Cubic Yard

13 Stump 1 Cubic Yard

14 Limbs 1 Cubic Yard

15 Brush 1 Cubic Yard

Line Item Description Quantity Unit of Measure

Unit Cost Total

16 Sand 1 Cubic Yard

17 Asphalt 1 Cubic Yard

18 Dirt 1 Cubic Yard

19 Concrete 1 Cubic Yard

20 Mud 1 Cubic Yard

21 Clay 1 Cubic Yard

22 Demolition Debris 1 Cubic Yard

SINGLE AXLE TRUCK OVER 12 FEET, SIDES UNDER 4 FEET

23 Rock 1 Cubic Yard

24 Stump 1 Cubic Yard

25 Limbs 1 Cubic Yard

26 Brush 1 Cubic Yard

27 Sand 1 Cubic Yard

28 Asphalt 1 Cubic Yard

29 Dirt 1 Cubic Yard

30 Concrete 1 Cubic Yard

31 Mud 1 Cubic Yard

32 Clay 1 Cubic Yard

33 Demolition Debris 1 Cubic Yard

TANDUM DUMP TRUCK 10 CUBIC YARDS

34 Rock 1 Cubic Yard

35 Stump 1 Cubic Yard

36 Limbs 1 Cubic Yard

37 Brush 1 Cubic Yard

38 Sand 1 Cubic Yard

39 Asphalt 1 Cubic Yard

40 Dirt 1 Cubic Yard

41 Concrete 1 Cubic Yard

42 Mud 1 Cubic Yard

Unit Cost Total

43 Clay 1 Cubic Yard

44 Demolition Debris 1 Cubic Yard

TANDUM DUMP TRUCK 12 CUBIC YARDS

45 Rock 1 Cubic Yard

46 Stump 1 Cubic Yard

47 Limbs 1 Cubic Yard

48 Brush 1 Cubic Yard

49 Sand 1 Cubic Yard

50 Asphalt 1 Cubic Yard

51 Dirt 1 Cubic Yard

52 Concrete 1 Cubic Yard

53 Mud 1 Cubic Yard

54 Clay 1 Cubic Yard

55 Demolition Debris 1 Cubic Yard

TANDUM DUMP TRUCK 15 CUBIC YARDS

56 Rock 1 Cubic Yard

57 Stump 1 Cubic Yard

58 Limbs 1 Cubic Yard

59 Brush 1 Cubic Yard

60 Sand 1 Cubic Yard

61 Asphalt 1 Cubic Yard

62 Dirt 1 Cubic Yard

63 Concrete 1 Cubic Yard

64 Mud 1 Cubic Yard

65 Clay 1 Cubic Yard

66 Demolition Debris 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER UP TO 6 CUBIC YARDS

67 Mixed Load 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 8 CUBIC YARDS

Unit Cost Total

68 Mixed Load 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 10 CUBIC YARDS

69 Rock 1 Cubic Yard

70 Stump 1 Cubic Yard

71 Limbs 1 Cubic Yard

72 Brush 1 Cubic Yard

73 Sand 1 Cubic Yard

74 Asphalt 1 Cubic Yard

75 Dirt 1 Cubic Yard

76 Concrete 1 Cubic Yard

77 Mud 1 Cubic Yard

78 Clay 1 Cubic Yard

79 Demolition Debris 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 12 CUBIC YARDS

80 Mixed Load 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 15 CUBIC YARDS

81 Rock 1 Cubic Yard

82 Stump 1 Cubic Yard

83 Limbs 1 Cubic Yard

84 Brush 1 Cubic Yard

85 Sand 1 Cubic Yard

86 Asphalt 1 Cubic Yard

87 Dirt 1 Cubic Yard

88 Concrete 1 Cubic Yard

89 Mud 1 Cubic Yard

90 Clay 1 Cubic Yard

91 Demolition Debris 1 Cubic Yard

92 Mixed Load 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 20 CUBIC YARDS

Unit Cost Total

93 Rock 1 Cubic Yard

94 Stump 1 Cubic Yard

95 Limbs 1 Cubic Yard

96 Brush 1 Cubic Yard

97 Sand 1 Cubic Yard

98 Asphalt 1 Cubic Yard

99 Dirt 1 Cubic Yard

100 Concrete 1 Cubic Yard

101 Mud 1 Cubic Yard

102 Clay 1 Cubic Yard

103 Demolition Debris 1 Cubic Yard

104 Mixed Debris 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 25 CUBIC YARDS

105 Rock 1 Cubic Yard

106 Stump 1 Cubic Yard

107 Limbs 1 Cubic Yard

108 Brush 1 Cubic Yard

109 Sand 1 Cubic Yard

110 Asphalt 1 Cubic Yard

111 Dirt 1 Cubic Yard

112 Concrete 1 Cubic Yard

113 Mud 1 Cubic Yard

114 Clay 1 Cubic Yard

115 Demolition Debris 1 Cubic Yard

116 Mixed Load 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 30 CUBIC YARDS

117 Rock 1 Cubic Yard

118 Stump 1 Cubic Yard

119 Limbs 1 Cubic Yard

Unit Cost Total

120 Brush 1 Cubic Yard

121 Sand 1 Cubic Yard

122 Asphalt 1 Cubic Yard

123 Dirt 1 Cubic Yard

124 Concrete 1 Cubic Yard

125 Mud 1 Cubic Yard

126 Clay 1 Cubic Yard

127 Demolition Debris 1 Cubic Yard

128 Mixed Load 1 Cubic Yard

ROLLOFF TRUCK OR DUMP TRAILER 40 CUBIC YARDS

129 Rock 1 Cubic Yard

130 Stump 1 Cubic Yard

131 Limbs 1 Cubic Yard

132 Brush 1 Cubic Yard

133 Sand 1 Cubic Yard

134 Asphalt 1 Cubic Yard

135 Dirt 1 Cubic Yard

136 Concrete 1 Cubic Yard

137 Mud 1 Cubic Yard

138 Clay 1 Cubic Yard

139 Demolition Debris 1 Cubic Yard

140 Mixed Load 1 Cubic Yard

TRAILER 80 CUBIC YARDS

141 Rock 1 Cubic Yard

142 Stump 1 Cubic Yard

143 Limbs 1 Cubic Yard

144 Brush 1 Cubic Yard

145 Sand 1 Cubic Yard

146 Asphalt 1 Cubic Yard

Unit Cost Total

147 Dirt 1 Cubic Yard

148 Concrete 1 Cubic Yard

149 Mud 1 Cubic Yard

150 Clay 1 Cubic Yard

151 Demolition Debris 1 Cubic Yard

TRAILER 100 CUBIC YARDS

152 Rock 1 Cubic Yard

153 Stump 1 Cubic Yard

154 Limbs 1 Cubic Yard

155 Brush 1 Cubic Yard

156 Sand 1 Cubic Yard

157 Asphalt 1 Cubic Yard

158 Dirt 1 Cubic Yard

159 Concrete 1 Cubic Yard

160 Mud 1 Cubic Yard

161 Clay 1 Cubic Yard

162 Demolition Debris 1 Cubic Yard

TOTAL

LOT 2 CITY TRUCKS TO DELIVER TO DUMP SITE(S)

Pricing is for City-loaded vehicles/equipment to arrive at dump site(s) to dispose of debris/waste. The City shall assume all prices per CUBIC YARD are for full loads.

Line Item Description Quantity Unit of Measure

Unit Cost Total

PICK UP TRUCK

163 Rock 1 Cubic Yard

164 Stump 1 Cubic Yard

165 Limbs 1 Cubic Yard

166 Brush 1 Cubic Yard

167 Sand 1 Cubic Yard

168 Asphalt 1 Cubic Yard

Unit Cost Total

169 Dirt 1 Cubic Yard

170 Concrete 1 Cubic Yard

171 Mud 1 Cubic Yard

172 Clay 1 Cubic Yard

173 Demolition Debris 1 Cubic Yard

174 Tree Debris 1 Ton

SINGLE AXLE TRUCK UNDER 12 FEET, SIDES UNDER 4 FEET

175 Rock 1 Cubic Yard

176 Stump 1 Cubic Yard

177 Limbs 1 Cubic Yard

178 Brush 1 Cubic Yard

179 Sand 1 Cubic Yard

180 Asphalt 1 Cubic Yard

181 Dirt 1 Cubic Yard

182 Concrete 1 Cubic Yard

183 Mud 1 Cubic Yard

184 Clay 1 Cubic Yard

185 Demolition Debris 1 Cubic Yard

186 Tree Debris 1 Ton

SINGLE AXLE TRUCK OVER 12 FEET, SIDES UNDER 4 FEET

187 Rock 1 Cubic Yard

188 Stump 1 Cubic Yard

189 Limbs 1 Cubic Yard

190 Brush 1 Cubic Yard

191 Sand 1 Cubic Yard

192 Asphalt 1 Cubic Yard

193 Dirt 1 Cubic Yard

194 Concrete 1 Cubic Yard

195 Mud 1 Cubic Yard

Unit Cost Total

196 Clay 1 Cubic Yard

197 Demolition Debris 1 Cubic Yard

198 Tree Debris 1 Ton

TANDUM DUMP TRUCK 10 CUBIC YARDS

199 Rock 1 Cubic Yard

200 Stump 1 Cubic Yard

201 Limbs 1 Cubic Yard

202 Brush 1 Cubic Yard

203 Sand 1 Cubic Yard

204 Asphalt 1 Cubic Yard

205 Dirt 1 Cubic Yard

206 Concrete 1 Cubic Yard

207 Mud 1 Cubic Yard

208 Clay 1 Cubic Yard

209 Demolition Debris 1 Cubic Yard

210 Tree Debris 1 Ton

TANDUM DUMP TRUCK 12 CUBIC YARDS

211 Rock 1 Cubic Yard

212 Stump 1 Cubic Yard

213 Limbs 1 Cubic Yard

214 Brush 1 Cubic Yard

215 Sand 1 Cubic Yard

216 Asphalt 1 Cubic Yard

217 Dirt 1 Cubic Yard

218 Concrete 1 Cubic Yard

219 Mud 1 Cubic Yard

220 Clay 1 Cubic Yard

221 Demolition Debris 1 Cubic Yard

222 Tree Debris 1 Ton

Unit Cost Total

TANDUM DUMP TRUCK 15 CUBIC YARDS

223 Rock 1 Cubic Yard

224 Stump 1 Cubic Yard

225 Limbs 1 Cubic Yard

226 Brush 1 Cubic Yard

227 Sand 1 Cubic Yard

228 Asphalt 1 Cubic Yard

229 Dirt 1 Cubic Yard

230 Concrete 1 Cubic Yard

231 Mud 1 Cubic Yard

232 Clay 1 Cubic Yard

233 Demolition Debris 1 Cubic Yard

234 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER UP TO 6 CUBIC YARDS

235 Mixed Load 1 Cubic Yard

236 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 8 CUBIC YARDS

237 Mixed Load 1 Cubic Yard

238 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 10 CUBIC YARDS

239 Rock 1 Cubic Yard

240 Stump 1 Cubic Yard

241 Limbs 1 Cubic Yard

242 Brush 1 Cubic Yard

243 Sand 1 Cubic Yard

244 Asphalt 1 Cubic Yard

245 Dirt 1 Cubic Yard

246 Concrete 1 Cubic Yard

247 Mud 1 Cubic Yard

Unit Cost Total

248 Clay 1 Cubic Yard

249 Demolition Debris 1 Cubic Yard

250 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 12 CUBIC YARDS

251 Mixed Load 1 Cubic Yard

252 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 15 CUBIC YARDS

253 Rock 1 Cubic Yard

254 Stump 1 Cubic Yard

255 Limbs 1 Cubic Yard

256 Brush 1 Cubic Yard

257 Sand 1 Cubic Yard

258 Asphalt 1 Cubic Yard

259 Dirt 1 Cubic Yard

260 Concrete 1 Cubic Yard

261 Mud 1 Cubic Yard

262 Clay 1 Cubic Yard

263 Demolition Debris 1 Cubic Yard

264 Mixed Load 1 Cubic Yard

265 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 20 CUBIC YARDS

266 Rock 1 Cubic Yard

267 Stump 1 Cubic Yard

268 Limbs 1 Cubic Yard

269 Brush 1 Cubic Yard

270 Sand 1 Cubic Yard

271 Asphalt 1 Cubic Yard

272 Dirt 1 Cubic Yard

273 Concrete 1 Cubic Yard

Unit Cost Total

274 Mud 1 Cubic Yard

275 Clay 1 Cubic Yard

276 Demolition Debris 1 Cubic Yard

277 Mixed Load 1 Cubic Yard

278 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 25 CUBIC YARDS

279 Rock 1 Cubic Yard

280 Stump 1 Cubic Yard

281 Limbs 1 Cubic Yard

282 Brush 1 Cubic Yard

283 Sand 1 Cubic Yard

284 Asphalt 1 Cubic Yard

285 Dirt 1 Cubic Yard

286 Concrete 1 Cubic Yard

287 Mud 1 Cubic Yard

288 Clay 1 Cubic Yard

289 Demolition Debris 1 Cubic Yard

290 Mixed Load 1 Cubic Yard

291 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 30 CUBIC YARDS

292 Rock 1 Cubic Yard

293 Stump 1 Cubic Yard

294 Limbs 1 Cubic Yard

295 Brush 1 Cubic Yard

296 Sand 1 Cubic Yard

297 Asphalt 1 Cubic Yard

298 Dirt 1 Cubic Yard

299 Concrete 1 Cubic Yard

300 Mud 1 Cubic Yard

Unit Cost Total

301 Clay 1 Cubic Yard

302 Demolition Debris 1 Cubic Yard

303 Mixed Load 1 Cubic Yard

304 Tree Debris 1 Ton

ROLLOFF TRUCK OR DUMP TRAILER 40 CUBIC YARDS

305 Rock 1 Cubic Yard

306 Stump 1 Cubic Yard

307 Limbs 1 Cubic Yard

308 Brush 1 Cubic Yard

309 Sand 1 Cubic Yard

310 Asphalt 1 Cubic Yard

311 Dirt 1 Cubic Yard

312 Concrete 1 Cubic Yard

313 Mud 1 Cubic Yard

314 Clay 1 Cubic Yard

315 Demolition Debris 1 Cubic Yard

316 Mixed Load 1 Cubic Yard

317 Tree Debris 1 Ton

TRAILER 80 CUBIC YARDS

318 Rock 1 Cubic Yard

319 Stump 1 Cubic Yard

320 Limbs 1 Cubic Yard

321 Brush 1 Cubic Yard

322 Sand 1 Cubic Yard

323 Asphalt 1 Cubic Yard

324 Dirt 1 Cubic Yard

325 Concrete 1 Cubic Yard

326 Mud 1 Cubic Yard

327 Clay 1 Cubic Yard

Unit Cost Total

328 Demolition Debris 1 Cubic Yard

329 Tree Debris 1 Ton

TRAILER 100 CUBIC YARDS

330 Rock 1 Cubic Yard

331 Stump 1 Cubic Yard

332 Limbs 1 Cubic Yard

333 Brush 1 Cubic Yard

334 Sand 1 Cubic Yard

335 Asphalt 1 Cubic Yard

336 Dirt 1 Cubic Yard

337 Concrete 1 Cubic Yard

338 Mud 1 Cubic Yard

339 Clay 1 Cubic Yard

340 Demolition Debris 1 Cubic Yard

341 Tree Debris 1 Ton

LOT 3: MISC EQUIP (CITY TO DELIVER TO DUMP SITE(S))

For proper disposal of sanitary sewer grit and debris during routine maintenance of pump stations.

Line Item Description Quantity Unit of Measure

Unit Cost Total No Bid

342 Street Sweeper (Sweeper Size: 3.5 cubic yards)

1 Cubic Yard

343 Street Sweeper (Sweeper Size: 5 cubic yards)

1 Cubic Yard

344 Vac-Truck/Wash Truck (Size: 1200 gallon). Disposal of sanitary sewer grit and debris during routine maintenance of pump station.

1 Ton

Unit Cost Total No Bid

LOT 4: MISC ITEMS AND SERVICES

Measure

Unit Cost Total

345 Petroleum Contaminated Sludge Disposal

1 Ton

346 Sanitary Solid Disposal 1 Ton

347 Washout of Sanitary Vehicles 1 Hour

348 Roll-off Container, Rental per Day 1 Day

349 Roll-off Containment Liner 1 Each

350 Delivery of Roll-off Container 1 Each

351 Pick-up of Roll-off Container 1 Each

352 Tire Disposal 1 Each

8. VENDOR REQUIRED INFORMATION

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

*Response required

2. Provide location(s) of CONTRACTOR'S dump site(s). Dump site(s) must be within a five (5) mile radius of the Chesapeake city line.* *Response required

3. Provide location(s) of dump site(s) for CITY DELIVERY. Dump site(s) must be within a five (5) mile radius of the Chesapeake city line. * *Response required

4. Provide location(s) of dump site(s) for CITY DELIVERY of SANITARY SEWER GRIT AND DEBRIS (1200 gallon Vac-Con Truck). Dump site(s) must be within a five (5) mile radius of the Chesapeake city line. * *Response required

5. Will fuel surcharge(s) be applicable? * ☐ Yes

☐ No

*Response required

When equals "Yes"

5.1. If so, provide amount of each fuel surcharge(s), debris type in which fuel surcharge(s) is applicable, and list dumpsite location(s) for all applicable surcharge(s). * *Response required

6. Is the Vendor aware of any City or State regulations, permits, and/or certifications required by the Contractor to dump sewer grit and sanitary solid waste? * ☐ Yes

☐ No

*Response required

When equals "Yes"

6.1. If yes, please provide a detailed list of requirements. * *Response required

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

*Response required

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

• CERTIFICATION_OF_COMPLIANCE...

*Response required

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

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A

contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so, required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described LISTED that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to https://government-project.s3.us-west-2.amazonaws.com/94155/318a8e9c-4d68-46b1-86f9-b69f5e0acee2_CERTIFICATION_OF_COMPLIANCE_WITH_IMMIGRATION_LAWS_AND_REGULATIONS.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4N4OZQYBZ%2F20260921%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260921T204502Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEMz%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJIMEYCIQDvFgmV0s0RwclgDHlz5cuVNskoIpFJyhVKAi4I4%2BOoRwIhAKyTVJqgdRkTBwSzOkIR9gZ4NJxYilp8q1z4t1YcApE5KpUFCJX%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgyX3paHeSl%2BPyeQyzUq6QTQ8FDsI%2B%2BhHtg9S5aEGBwdnP7skC4fPxM%2F%2FpyQhwUIVjkMRGyN0t9ytm64LsxVEyZAGpplj8CqMCy4t7CMWLK%2BILWdOd0rwAVFcJ%2FyZI3Pcj1Cjkj7lX4xOya7zTaJ1v%2BlZsrvRsFA%2FgCGuJX24mg8YCuOBa4hyEmelY4sy9ci1KHAs7JtV%2BiYr9zkZ4kz2JI8EeQfUhpeGHlUVQ8CnWje3sQBYPCw5awu1VCeqyH4kq1%2F3JJZvbbmKlrZTnDWgNrON20L4Vgt%2BpvxMTtbXDvAAIUJ4cOLI9FrDZlGwRQAhNlsw3ZJ04jmho%2FVsqPW5Hs6Zp%2FBnobKXSCGGStPT%2FEdZZmv%2B0Tf%2Bt9IUzQr%2FmxB5IhqGrmQxpYZcMBEJynVSnTDtD52qY%2BZCkf5tcxj4eo0%2BPCmo%2FD9NVGTFOsRH21kCtGU5d4WOXdQ8G6BZdo4%2B%2FyHlPMY4SLWVODYgZvFyMDsxVSVAnZuAOoi9Xc7K42Ue3WY1YhWk%2F5qdMtXHwN%2BUwmDTvWa7636N55%2Bf24KStVaXoqAva5QHWY9l0VmLdLDE25SoB%2Be3ACwVLSK6SyngmyEMt8OtYfa%2F%2FF2vTD09Ox5AkLfflJegNpx6aqb5KIdaKGoS%2BmacXjt1E0yPj6BkgQnUTLWfWbakCiV3cMGrYShLxHTgCxSHLPfQRdQnnTysmrRDRYwpWrZpWIFZVjJgojLfnMISW1QjUXzlPD3vu2j14E8%2BT2zRhnsAw8OEbh350Qzwq76Xoq5jgsFp9NWaEAkYGl16RhwOjZnwBAdHqWaYx3GDRj1Sof7pP4HnXuTQDotuD7cvlUUBTCYnsbVBjqYAePI05MdvLACDtIOd6aWe68suSdTJWBPS%2BQX%2FIP%2Fzwpt4QuVOIpKxvCecE%2BIMVQI5%2FC5KqYKl6a6yGmQ6fpttiImv7%2BBfbkNXnfnHsK7ZHeP5lJNNeTUEG%2BImNkfaoXlN%2BPNNmWJPZJO0lqxItuPKrpgMruxbJcpv6YU1UE5hkZC0AIM0Q73gfzr7CvPPuHz8nJyMzPM%2F6Wq&X-Amz-Signature=30120ff1cdda61ee20dfa17294869009e5861ae62b6456bb5ce4fb24fdf0ab60&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CERTIFICATION_OF_COMPLIANCE_WITH_IMMIGRATION_LAWS_AND_REGULATIONS.pdf%22&x-id=GetObject transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law must indicate by selecting one of the following reasons why the bidder or offeror is not required to be so authorized:

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

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

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

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

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

*Response required

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

10.1. Have you or any principal, officer or director of your company, or any individual who will be assigned to work under any contract awarded pursuant to this solicitation, been convicted of a felony, or a misdemeanor involving moral turpitude, during the last ten (10) years? *

☐ Yes

☐ No

*Response required

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

☐ Yes

☐ No

*Response required

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

☐ Yes

☐ No

*Response required

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

☐ Yes

☐ No

*Response required

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

10.6. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER*

Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include a statement describing why the bidder or offeror is not required to be so authorized.

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

*Response required

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

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

☐ Yes

☐ No

*Response required

11.2. Certification Type

If applicable, what is your company’s certification type?

Select all that apply

☐ Small Business

☐ Woman-owned Business

☐ Minority-owned Business

☐ Service Disabled Veteran (SDV)

☐ Disadvantaged Business Enterprise (DBE)

11.3. SWaM Certificate/Supporting Documentation

If applicable, attach any supporting documentation, including certificates, in regards to your company's SWaM status.

9. REQUIRED GENERAL TERMS AND

CONDITIONS

9.1. CLARIFICATION OF TERMS

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

9.2. MANDATORY USE OF CITY FORM

Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the proposal. Modification of or additions to any portion of the proposal may be cause for rejection of the proposal; however, the City reserves the right to decide on a case by case basis, in its sole discretion, whether to reject such a proposal as nonresponsive. As a precondition to its acceptance, the City may, in its sole https://www.scc.virginia.gov/ discretion, request that the offeror withdraw or modify nonresponsive portions of a proposal which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

9.3. ANTITRUST

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

9.4. DEBARMENT STATUS

By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred by the Commonwealth of Virginia or any political subdivision or agency of the Commonwealth from submitting bids/proposals on contracts for the type of services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

9.5. IMMIGRATION REFORM AND CONTROL ACT OF 1986

By submitting their (bids/proposals), (bidders/offerors) certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

9.6. ETHICS IN PUBLIC CONTRACTING

By submitting their bids/proposals, bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidders/offerors, supplier, manufacturer or subcontractor in connection with their bids/proposals, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

9.7. ANTI-DISCRIMINATION

By submitting their proposals, offerors certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of Virginia, § 2.2-4343.1E).

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

A. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law or federal law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause

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

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

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

9.8. APPLICABLE LAWS AND COURTS

A. This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in in the courts of the City of Chesapeake, Virginia, or the United

States District Court for the Eastern District of Virginia, if independent federal jurisdiction exists. The Consultant shall comply with all applicable federal, state and local laws, rules and regulations. This solicitation is governed by provisions of Chapter 54 of the Chesapeake City Code, and any revisions thereto, which are hereby incorporated into this contract by reference. Contact the Purchasing

Division at (757) 382-6359, for more information. The City Code may be read online at https://library.municode.com/va/chesapeake/codes/code_of_ordinances.

9.9. PROCUREMENT ORDINANCE

This solicitation is subject to the provisions of the City of Chesapeake Procurement Ordinance and Chesapeake Purchasing Policies and Procedures Manual. A copy of the https://library.municode.com/va/chesapeake/codes/code_of_ordinances

City’s ordinance and Chesapeake Purchasing Policies and Procedures Manual is available for review at the purchasing office or accessible on the Internet at www.CityOfChesapeake.net/Purchasing.

9.10. PAYMENT

A. To Consultant:

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

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

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

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

Debt Collection Act.

5. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Consultants should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City shall promptly notify the Consultant, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Consultant may not institute legal action unless a settlement cannot be reached within 30 days of notification. The provisions of this section do not relieve a department of its http://www.cityofchesapeake.net/Purchasing prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

B. To Subcontractors:

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

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

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

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

9.11. CLAIMS

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

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

City Manager or designee to render a decision within ninety (90) days shall be deemed a denial.

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

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

9.12. NO WAIVER OF LEGAL RIGHTS

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

9.13. PRECEDENCE OF TERMS

The General Terms and Conditions shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

9.14. QUALIFICATIONS OF BIDDERS/OFFERORS

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

9.15. TESTING AND INSPECTION

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

9.16. ASSIGNMENT OF CONTRACT

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

9.17. CHANGES TO THE CONTRACT

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

A. The parties may agree in writing to modify the terms or conditions of the contract. Any additional services to be provided shall be of a sort that is ancillary and directly related to the contract services, or within the same product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the contract.

B. The Purchasing Division may order changes within the general scope of the contract at any time by written notice to the Consultant. Changes within the scope of the contract include, but are not limited to, things such as services to be performed. The Consultant shall comply with the notice upon receipt, unless the

Consultant intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the Consultant shall, in writing, promptly notify the Purchasing Division of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Division's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Division decides to issue a notice that requires an adjustment to compensation, the Consultant shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Division a credit for any savings. Said compensation shall be determined by one of the following methods:

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

2. By agreeing upon an hourly rate or a unit price, or, using an hourly rate or unit price set forth in the contract, if the work to be done can be expressed in hourly increments or units, and the Consultant accounts for the number of hourly increments or units of work performed, subject to the Purchasing

Division’s right to audit the Consultant’s records and/or to determine the correct number of units independently; or

3. By ordering the Consultant to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The

Consultant shall present the Purchasing Division with all vouchers and records of expenses incurred and savings realized. The Purchasing Division shall have the right to audit the records of the Consultant as it deems necessary to determine costs or savings. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Claims clause of this contract. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the Consultant from promptly complying with the changes ordered by the Purchasing Division or with the performance of the contract generally.

C. Any modification of a lump sum contract price is subject to the terms of City Code

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

9.18. DEFAULT

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

9.19. TAXES

Sales to the City are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The City’s excise tax exemption registration number is 54-072-1442.

9.20. DRUG-FREE WORKPLACE

During the performance of this contract, the Consultant agrees to (i) provide a drug-free workplace for the Consultants employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Consultants workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Consultant that the Consultant maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

9.21. EMPLOYMENT DISCRIMINATION BY CONSULTANT PROHIBITED

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

A. The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Consultant. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

C. Notices, advertisements and solicitations…