847191leafWmbg.pdf

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Invitation for Bid (IFB)

Issue Date: October 1, 2026

Solicitation Title:

Fall of 2026 Leaf Removal Services for the City of Williamsburg

Issuing Office: City of Williamsburg

Office of the Public Works and Utilities Director

Attn: Jack Reed

401 Lafayette Street

Williamsburg, Virginia 23185-3617

Voice (757) 220-6140

Location of Project Site: Various Locations within City of Williamsburg

Sealed bids will be received until the date and time noted above for furnishing the construction services described herein and then opened in public

All inquiries for information should be directed to Public Works. Written questions related to the project will be accepted up to five (5) business days prior to the closing date; it is the City’s discretion to respond to any inquiries beyond this time .

Emails are an acceptable form of written documentation.

IF MAILED, SEND DIRECTLY TO ISSUING OFFICE NOTED ABOVE. IF HAND DELIVERED, DELIVER TO:

Williamsburg Municipal Building

2nd Floor, Public Works & Utilities Department

401 Lafayette Street

Williamsburg, Virginia 23185

Include the IFB number on the outside of all sealed bids delivered to the City’s Public Works & Utilities Department. Any bid submittal without the IFB number may be deemed non-responsive by the City.

In compliance with this request for proposals and to all the conditions imposed therein, the undersigned offers and agrees to furnish the services in accordance with their proposal as submitted.

Name and Address of Firm:

__________________________________________ Date: ________________________________________

__________________________________________ By: ________________________________________

__________________________________________ (Signature in Ink)

_______________________ Zip Code: __________ Name: _______________________________________

FEI/FIN NO. ________________________________ (Please Print)

Fax Number: (____) __________________________ Title: _______________________________________

E-Mail Address: _____________________________ Telephone Number: ____________________________

PRE- BID CONFERENCE: A Pre-Bid conference will not be held for this IFB.

RETURN THIS PAGE WITH YOUR BID OFFER

IFB NO:

01-4102-27

Pre-Bid Conference:

N/A

CLOSING DATE:

October 23, 2026

CLOSING TIME:

2:00 p.m. (local time)

PROCUREMENT

OFFICER:

Cindy Webber

PHONE:

757-220-6181 i-1

TABLE OF CONTENTS

PAGE

I. PURPOSE i-1

II. SCOPE OF WORK i-1, i-2

III. PRE-BID CONFERENCE i-2

IV. PRICING SCHEDULE i-3

V. NOTICE OF AWARD i-4

VI. NOTICE TO PROCEED i-5

VII. CONTRACT CHANGE ORDER i-6

VIII. CONTRACTURAL AGREEMENT i-7

IX. SAMPLE CONTRACT 1-12

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I. PURPOSE

It is the intent of this solicitation to secure through competitive sealed bidding, the leaf removal services for

City properties for the City of Williamsburg, Virginia.

II. SCOPE OF WORK

The City of Williamsburg Department of Public Works and Utilities, hereafter known as the City, is seeking

Contractors for leaf removal services on certain City properties for the City of Williamsburg, Virginia.

The Contractor shall furnish all labor, insurance, proper clothing, and safety items required to accomplish the following described tasks.

1. CONTRACTOR shall provide leaf removal services in the following streets/neighborhoods:

1. Braxton Ct

2. Capitol Landing Rd

3. College Terrace

4. Crispus Attucks neighborhood

5. Forrest Hills

6. Haynes Drive

7. Highland Park neighborhood

8. Ironbound Rd

9. Lafayette St

10. Longhill Woods neighborhood

11. Matoaka Ct

12. Page St

13. Penniman Rd

14. Pinecrest neighborhood

15. Piney Creek neighborhood

16. Pocahontas St

17. Powhatan St

18. Quarterpath Rd

19. Richmond Rd

20. Savannah Green neighborhood

21. Scotland St

22. Skipwith Farms neighborhood

23. Wales neighborhood

24. West Williamsburg Heights neighborhood

25. Boundary St

26. Burns Lane

27. Cary St

28. Chandler Ct

29. The Coves neighborhood

30. Griffin Ave

31. Holly Hills neighborhood

32. Holly Hills Carriage Homes neighborhood

33. Indian Springs Rd or neighborhood

34. Jamestown Rd

35. Mimosa Dr

36. Newport Ave i-2

37. Richmond Hill neighborhood

38. Rolfe Rd

39. S. England St

40. Henry St

41. Strawberry Plains neighborhood (roadway)

42. Tyler St

43. Williamsburg Ave

44. Walnut Hills neighborhood

45. John Tyler Ln

46. The Woods subdivision neighborhood

2. Ride in City owned dump trucks and pick-up trucks to residential areas.

3. Run the leaf machine’s hose to vacuum piled up leaves in residential areas.

4. Use proper equipment such as provided blowers and rakes to row up leaves for removal.

5. Assist dump truck operators with vehicular operations, such as but not limited to, spotting, reverse direction, etc.

6. Assist dump truck operators with connecting and dis-connecting leaf machines and dumping operations.

7. The City will determine how many hours/days that assistance will be required each week. On average expect to perform leaf removal operations 32 hours per week, 3-4 days per week. Anticipated schedule will be for a 10-week period starting date to be determined by City’s Streets Superintendent.

8. The City expects at a minimum four (4) personnel to be available for the work as described herein.

9. Maintain proper dress while representing the City:

a. A clean shirt must be worn at all times.

b. No improper pictures or writings on shirts or other clothing (jackets, sweatshirts, hats).

c. Clean pants should be worn for personal protection; however, clean shorts of a uniform type will be permitted. Shorts should be neat and at a proper length.

d. Steel or composite toed boots must be worn as well as gloves and eye protection.

10. The City may inspect the Contractor’s appearance and work at any time and will halt operation if unsafe practices or conditions are not being followed. City reserves the right to remove from any leaf removal services operations personnel not conforming to the City’s policies or requirements.

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11. An Invoice will be submitted at the beginning of each month for the previous months work to:

Craig D Baller

Streets Superintendent

401 Lafayette Street

Williamsburg, VA 23185

12. The invoice, or a separate sheet attached to the invoice, will list the following:

a. City Purchase Order Number,

b. Dates or period of leaf removal and hours worked,

c. Cost per man-hour,

d. A total for the pay period or specified dates.

III. PRE-BID CONFERENCE

No Pre-Bid conference will be held prior to opening of sealed bids.

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IV. PRICING SCHEDULE

The City will award on a total sum basis to the lowest responsive and responsible bidder.

Please state your bid price below, with the full understanding that it shall address all the tasks identified in Section II. SCOPE OF WORK of this IFB.

Leaf removal services for the City of Williamsburg $ /Man-hour

4 workers @ 32 hours per week for 10 weeks

TOTAL BID PRICE $

I/we certify that ___________________________________ is properly equipped to handle work of the character covered by this proposal and will enter into a contract for the execution and completion of the work in accordance with the contract and this proposal, and we further agree that if the contract is awarded to us, we will commence work at the time stated by the City’s Streets Division Superintendent.

This bid is subject to acceptance within a period of 30 days from this date.

Respectfully submitted, CONTRACTOR

By:

Address:

Date:

CONTRACTOR’S Registration No.

Note: For leaf removal costs pricing, the Contractor shall assume that all labor, insurance, profit, etc. are to be included in the unit cost estimate.

RETURN THIS PAGE WITH YOUR BID OFFER

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V. NOTICE OF AWARD

Description of Work/Project: Fall of 2026 Leaf Removal Services for the City of Williamsburg

OWNER: City of Williamsburg, 401 Lafayette Street, Williamsburg, Virginia 23185

CONTRACTOR: _______________________

The OWNER represented by the Undersigned has considered the Proposal submitted by you for the above-described work in response to its Invitation for Bids (01-4102-27) dated October 23, 2026.

You are hereby awarded the work on the basis of your bid and are required therefore to execute the formal Contract with the Undersigned OWNER and to furnish the required CONTRACTOR’S

Performance and Payment Bond and Certificate of Insurance and other documents as may be required by the OWNER within 10 days from the date of this Notice.

If you fail to execute said Contract and to furnish said bonds and certificate of insurance within 10 days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER’S acceptance of your Proposal as abandoned and to award the Work covered by your Proposal to another, or re-advertise the Work or otherwise dispose thereof as the OWNER may see fit.

ACCEPTANCE OF NOTICE Dated this _____day of ______________, 20____.

City of Williamsburg

BY:

(signature)

(print)

TITLE:

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VI. NOTICE TO PROCEED

Description of Work/Project: Fall of 2026 City Leaf Removal Services for the City of

Williamsburg

OWNER: City of Williamsburg

401 Lafayette St.

Williamsburg, Va. 23185

CONTRACTOR: ____________________

You are hereby notified to commence work in accordance with the Contract Documents and construction contract dated __________, 20___________ on or before

,20_____Dated this day of +,20____

City of Williamsburg i-7

VII. CONTRACT CHANGE ORDER

PROJECT DESCRIPTION: Fall of 2026 Leaf Removal Services for the City of Williamsburg

CONTRACT DATE: CHANGE ORDER NO.:

OWNER: City of Williamsburg DATE:

CONTRACTOR: LOCATION:

The following changes are hereby made to the Contract Documents:

Item Decrease in Increase in

No. Description Contract Price Contract Price

Totals $ $

NET CHANGE IN CONTRACT PRICE $ $

JUSTIFICATION:

ATTACHMENTS:

CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $

CONTRACT PRICE BY THIS CHANGE ORDER

WILL BE INCREASED OR DECREASED BY: $

NEW CONTRACT PRICE INCLUDING THIS

CHANGE ORDER WILL BE: $

This document will become a supplement to the Contract and all provisions will apply hereto.

REQUESTED BY

Name Title Date

APPROVED BY

Name Title Date i-8

VIII. CONTRACTURAL AGREEMENT

1. The price schedule based on the Scope of Services and terms and conditions contained herein will be incorporated into the services of the Contract (sample provided) along with this IFB any addenda and modifications thereto. Any concerns regarding the Contract shall be addressed within the proposal response.

2. Signing of Contract. When the CITY gives a Notice of Award to the successful Offeror, it will be accompanied by 2 original copies of the Contract, with all other written with any other documents attached. Within 10 Days thereafter the Offeror shall sign and deliver the required number of copies of the Contract and attached documents to the CITY. Within 15 Days thereafter the CITY shall deliver one fully signed copy to the Offeror. If the successful Offeror fails to execute the Contract within the time specified, the CITY, at its discretion, may award the Work to the second successful Offeror, or reject all proposals.

3. The resulting Contract from this IFB shall have a term of one (1) year from date of award. Termination of the Contract shall be as identified in the executed Contract between the CITY and the vendor.

CONTRACT FOR PERFORMANCE OF CONSTRUCTION

OR THE FURNISHING OF GOODS AND/OR SERVICES

TO THE CITY OF WILLIAMSBURG, VIRGINIA

This AGREEMENT, dated this _______ day of ______________, 20___, by and between the CITY OF WILLIAMSBURG, a Virginia municipal corporation, hereinafter called the

City; and ___________________________________________________(a corporation, limited liability company, or an unincorporated organization organized and existing under the laws of the State of ______________ or, an individual trading under the above name) hereinafter called the Contractor.

WITNESSETH: The Owner and Contractor, for the consideration stated herein, agree as follows:

1. SCOPE OF WORK; TYPE OF GOODS; SERVICES

Construction: The Contractor shall perform all required Work and shall provide and furnish all labor, materials, necessary tools, expendable equipment and utility and transportation service and all else required to complete the construction of the ___________________________________________________________________ project all in strict accordance with the Drawings and Specifications, including any and all Addenda, and in strict compliance with the Contract Documents, the terms of which are incorporated herein by reference. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said Work performed and completed under the direction and supervision of the Contractor and subject to the approval of the City or its authorized representative.

Goods: The type(s) and quantity(ies) of goods to be furnished are: _________________

Services: The services to be provided are: ____________________________________

2. CONTRACT PRICE Depending upon the nature of the Work The City shall pay the

Contractor as follows:

Construction: As just compensation for the satisfactory performance of the Work, subject to any additions or deductions as provided in the Contract Documents, the unit and/or lump sum price as contained in the Bid Schedule attached hereto. The Contract

Price is ________________________________________ ($ ) based upon unit and/or lump sum prices extended as herein contained.

Goods: The Price for goods contracted for is ____________________Dollars($______) determined as follows:_______________________________________________________

Services: As just compensation for the satisfactory performance of the services contracted for is ___________________________ Dollars ($_________), determined as follows ___________________________________________________________________

3. TIME

Construction: The Contractor agrees to commence Work within ___________ Days after the date of Notice to Proceed and further agrees to substantially Complete all Work under this Contract within ___________ Days from the date of the Notice to Proceed and to reach Final Completion of all Work under this Contract within ___________ Days from the date of the Notice to Proceed.

Goods: All goods shall be delivered to the designated location not later than the ___ day of __________________, 20__.

Services: All services shall be provided in accordance with the following schedule:

4. PAYMENT:

Construction: The following applies to payments to be made by the City to the Contractor and by the Contractor to its subcontractors, materialmen and suppliers:

• To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. 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.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. 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.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

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

• To Subcontractors:

a. The Contractor shall:

(1) Pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the City of Williamsburg for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) Notify the City and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

b. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the City of Williamsburg, except for amounts withheld as stated in (2) above.

The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City of Williamsburg.

Goods: City shall pay Contractor for Goods delivered in compliance with this Contract as follows: ______________________________________________________________________

Services: City shall pay Contractor for services provided under this Contract as follows:______________________________________________________________________

5. CONSTRUCTION GUARANTEE. If this Contract is for Construction, the Contractor guarantees that all materials and equipment, furnished by the Contractor, and all construction involved in this Contract shall be free from defects owing to faulty materials or workmanship for a period of one year after date of Substantial Completion of the Work. All Work that proves defective, by reason of faulty material or workmanship within said period of one year, shall be replaced by the Contractor free of cost to the Owner. These guarantees shall not operate as a waiver of any of the Owner’s rights and remedies for default under or breach of this Contract which rights and remedies may be exercised at any time within the period of any applicable statute of limitations.

6. WARRANTIES; GOODS AND SERVICES. The following warranties apply to the furnishing of goods and services:

a. Contract for Sale of Goods: Unless otherwise provided in the award of bid signed by the City and the Contractor, the Contractor shall be bound by all warranties furnished to the City as part of its response to the City’s IFB/RFP. If no warranties are furnished, then in addition to all warranties implied and expressly accorded by applicable law and not in limitation thereof, the Contractor warrants that such goods conform in all respects to the specifications and other requirements stated in the IFB/RFP and further warrants such goods against defects by reason of faulty materials or workmanship for a period of one year from the date of the City’s acceptance thereof.

b. Contract to Provide Services: In addition to all warranties implied and expressly accorded by applicable law, and not in limitation thereof, the Contractor warrants that the Work performed under this Contract will meet and fully comply with all requirements and specifications set forth in the City’s IFB/RFP, and that all Work shall be performed free of negligence and in accordance with generally standards for such Work and that such Work shall be fully satisfactory for the proposes intended.

7. FORCE MAJEURE. Under certain circumstances beyond the control of the Contractor, such as acts of God, sabotage, and fire or explosion not caused by negligence of the Contractor or its agent, the Purchasing Agent may extend the time limit for performance required by this Contract. Any such extension must be issued in writing and signed by the Purchasing Agent.

8. INCORPORATION OF TERMS: Unless otherwise provided in a writing signed by the City and the Contractor, all terms and conditions contained in the Solicitation pursuant to which this Contract is awarded are incorporated in the Contract.

9. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that it does 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, as amended. The Contractor hereby reconfirms such certification.

10. OBLIGATIONS OF CITY AND CONTRACTOR: The City shall furnish to the Contractor all available information as listed in the Solicitation that may be useful for the Contract Work. To the extent that performance of the Work here contracted for so requires, the City shall assist the Contractor in obtaining access to enter upon public and private property as required to perform the Contract Work. The City shall designate a representative who shall serve as the principal contact and give direction to the Contractor throughout the duration of the Contract. The Contractor represents that it has, or shall secure at its expense, all personnel, including subcontractors, required to satisfactorily perform and fully complete the Contract Work.

11. CONFIDENTIALITY AND OWNERSHIP OF DATA: Any reports, information, intellectual property, data, drawings, specifications, estimates and summaries given to or prepared or assembled by the Contractor in the performance of the Contract Work, shall not be made available to any individual or organization by the Contractor without prior written approval of the City. All such items shall become the property of the City upon payment of fees as required by the Contract.

12. REPORTS OF WORK: The City and the Contractor shall schedule progress meetings at appropriate intervals throughout the duration of the Contract in order to provide for the exchange of information related to the status of the Scope of Work, anticipated progress and any problems that have occurred or are anticipated.

13. ASSIGNMENT OF CONTRACT: This Contract shall not be assignable by the Contractor in whole or in part without the written consent of the City of Williamsburg.

14. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any of the following ways:

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

B. The City of Williamsburg may order changes within the general scope of the Contract at any time by written notice to the contractor. Changes within the scope of the Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the City of Williamsburg a credit for any savings. Said compensation shall be determined by one of the following methods:

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

ii. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the City’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

iii. By ordering the Contractor to proceed with the Work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the City of Williamsburg with all vouchers and records of expenses incurred and savings realized. The City of Williamsburg shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City of Williamsburg within thirty (30) days from the date of receipt of the written order from the City of Williamsburg. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this Contract or, if there is none, in accordance with the disputes provisions of the City of Williamsburg Purchase Procedures Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this Contract shall excuse the Contractor from promptly complying with the changes ordered by the City of Williamsburg or with the performance of the Contract generally.

15. CONTRACTOR RESPONSIBILITY FOR CITY PROPERTY: The Contractor shall be responsible for damages to City property caused by Work performed by the Contractor or its subcontractors. The Contractor shall be responsible for maintaining the area surrounding and adjoining the work site in their current condition. Property damage to surrounding or adjoining areas caused directly or indirectly by actions or omissions of the Contractor shall be replaced or remedied by the Contractor, to the satisfaction of the City, at the Contractor’s expense.

16. COPYRIGHTS OR PATENT RIGHTS: The Contractor certifies that there has been and shall be no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services shipped or ordered as pursuant to this Contract or in its bid/proposal submitted in pursuit of this Contract. The Contractor shall at its own expense, defend any and all actions or suits charging such infringement, and will save the City of Williamsburg, its officers, employees, and agents harmless from any and all liability, loss, or expense occasioned by any such violation.

17. INDEPENDENT CONTRACTOR: In its performance of this Contract, the Contractor is acting as an independent contractor and neither the Contractor nor its employees shall, under any circumstances, be considered servants or agents of the City of Williamsburg. At no time shall the City be responsible for any negligence or other wrongdoing by the Contractor, its employees or agents. The City shall not withhold from payments to the Contractor under this Contract, any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to the Contractor, its employees or agents.

Further, the City shall not provide to the Contractor or its employees or agents, any insurance coverage or other benefits, including Worker’s Compensation.

18. SUBCONTRACTS: No portion of the Work shall be subcontracted without prior written consent of the City’s Purchasing Agent. In the event that the Contractor wishes to subcontract some part of the Work, the Contractor shall furnish the Purchasing Agent the names, qualifications and experience of the proposed subcontractor(s). Any consent to subcontract shall not waive the Contractor’s responsibility and liabilities for the full, timely and satisfactory performance of this Contract and the Contractor shall remain fully liable and responsible for the Work to be done by its subcontractors and shall assure compliance with all requirements of the Contract.

19. INDEMNIFICATION: The Contractor hereby binds itself and its successors to indemnify, defend, and save harmless the City of Williamsburg, its officers, agents or employees, from all suits and actions of every name and description brought against it or them, and all costs or damages to which it or they may be put, on account of, or by reason of any injury or alleged injury to the person or property of another, resulting from or on account of the negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the Contractor or Contractor’s agents in the performance of the Contract, including any and all liability, loss, or expense occasioned by any violation of any copyrights or patent rights by the Contractor or any of its subcontractors in the performance of the Contract Work, and that the whole or so much of the moneys due to the Contractor under and by virtue of this Contract, as such or may be considered necessary by the City, shall and may be retained until all such suits and claims for damages as aforesaid shall have been settled, and evidence to that effect furnished to the satisfaction of the City. The said Contractor further agrees to indemnify and save harmless the City of Williamsburg against any and all claims, suits or demands that may accrue to, be suffered by, or adjudicated against it by reason of any injury sustained by any of the Contractor’s employees in and about the said work, under and pursuant to the provisions of the Workman’s Compensation Law or any amendments thereto, and the Contractor shall produce certificates or other satisfactory evidence of ample protection against such liability.

20. HOLIDAYS: In the case of construction performed under this Contract, the Contractor must obtain advance approval from the City to perform Work on the following holidays:

New Year's Day 1st day of January Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteeth 19th day of June Independence Day 4th day in July Labor Day 1st Monday in September Veteran’s Day 11th day in November Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve 24th day in December Christmas Day 25th day of December

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

Deliveries under this Contract shall usually be free of Federal excise and transportation taxes.

The City’s excise tax exemption registration number is 54-600168073.

22. USE OF BRAND NAMES: Unless otherwise provided in the solicitation for bids/proposals, the name of a certain brand, make or manufacturer does not restrict the Contractor to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the product desired. Any product which the City, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The Contractor is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. Such submission is required even if offering the exact brand, make or manufacturer specified.

23. TRANSPORTATION AND PACKAGING: Freight charges quoted in the Contractor’s bid for FOB destination shall include only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

24. SHIPPING INSTRUCTIONS-CONSIGNMENT: Unless otherwise specified in the solicitation each case, crate, barrel, package, etc., delivered under this Contract must be plainly stenciled or securely tagged, stating the Contractor’s name, purchase order number, and delivery address as indicated in the order. Where shipping containers are to be used, each container must be marked with the purchase order number, name of the Contractor, the name of the item, the item number, and the quantity contained therein. Deliveries must be made within the hours of 8:00 a.m. – 3:00 p.m. Deliveries at any other time will not be accepted unless specific arrangements have been previously made with the designated individual at the delivery point.

No deliveries will be accepted on Saturdays, Sundays and holidays unless previous arrangements have been made. It shall be the responsibility of the contractor to insure compliance with these instructions for items that are drop-shipped.

25. RESPONSIBILITY FOR SUPPLIES TENDERED: The Contractor shall be responsible for the materials or supplies covered by the Contract until they are delivered at the designated point, and a physical inspection is made and material is requested or rejected, but the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the Contractor’s expense promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. If rejected materials are not removed by the Contractor within ten

(10) days after date of notification, the City may return the rejected materials or supplies to the Contractor at the Contractor’s risk and expense or dispose of them as its own property.

26. TESTING AND INSPECTIONS: The City reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services conform to the specification. Inspection and acceptance of materials or supplies will be made after delivery at destinations herein specified unless otherwise stated. If inspection is made after delivery at a destination herein specified, the City will bear the expense of inspection except for the value of samples used in case of rejection. Final inspection shall be conclusive except in regard to latent defects, fraud or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the City for such materials or supplies as are not in accordance with the specifications.

27. COMPLIANCE: Delivery must be made as ordered and in accordance with the solicitation or as directed by the Purchasing Agent when not in conflict with the bid. The decision as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of goods by the City shall rest with the Contractor. Any request for extension of time of delivery from that specified must be approved by the Purchasing Agent, such extension applying only to the particular item or shipment affected. Should the Contractor be delayed by the City, there shall be added to the time of completion a time equal to the period of such delay caused by the City. However, the Contractor shall not be entitled to claim damages of extra compensation for such delay or suspension. These conditions may vary for construction contracts.

28. POINT OF DESTINATION: All materials shipped to the City must be shipped F.O.B.

DESTINATION unless otherwise stated in the contract. The materials must be delivered to the “Ship To” address indicated on the purchase order.

29. REPLACEMENT: Materials or components that have been rejected by the Purchasing Agent, in accordance with the terms of the Contract, shall be replaced by the Contractor at no cost to the City.

30. PACKING SLIPS OR DELIVERY TICKETS: All shipments shall be accompanied by Packing Slips or Delivery Tickets and shall contain the following information for each item delivered:

• Purchase Order Number/Contract Number

• Name of product and Stock Number

• Quantity Ordered,

• Quantity Shipped,

• Quantity Back Ordered,

• The Name of the Contractor.

Contractors are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods.

31. INSURANCE: Upon entering into the Contract and throughout the term thereof, the Contractor shall maintain in force the following insurance coverages. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The Contractor further certifies that it and any subcontractors shall maintain in force the required insurance coverages during the entire term of the Contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

INSURANCE COVERAGES AND LIMITS REQUIRED:

1. Workers’ Compensation - Statutory requirements and benefits. The workers’ compensation policy shall include the City as an alternate employer.

2. Employer’s Liability - $100,000.

3. Commercial General Liability – $500,000 combined single limit. Commercial General Liability is to include Premises/Operations Liability, Products and Completed Operations Coverage, and Independent Contractor’s Liability or Owner’s and Contractor’s Protective Liability. The City of Williamsburg must be named as an additional insured when requiring a contractor to obtain Commercial General Liability coverage. When the requirement is for parking facilities and garages for motor vehicle maintenance contracts, these coverages are to include Products, Completed Operations Coverage and Garagekeeper’s Liability.

4. Automobile Liability - $500,000 - Combined single limit. (If motor vehicle is to be used in the Contract.) In addition, various Professional Liability/Errors and Omissions coverages are required in soliciting those services as follows:

5. Profession/Service Limits

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

Architecture $2,000,000 per occurrence, $6,000,000 aggregate Asbestos Design, Inspection or Abatement Contractors $1,000,000 per occurrence, $3,000,000 aggregate

Health Care Practitioner (to include Dentists, licensed Dental Hygienists, Optometrists, Registered or Licensed Practical Nurses, Pharmacists, Doctors, Podiatrists, Chiropractors, Physical Therapists, Physical Therapist Assistants, Clinical Psychologists, Clinical Social Workers, Professional Counselors, Hospitals, or Health Maintenance Organizations.)

$1,650,000 per occurrence, $3,000,000 aggregate Insurance/Risk Management $1,000,000 per occurrence, $3,000,000 aggregate

Landscape/Architecture $ 500,000 per occurrence, $1,000,000 aggregate Legal $1,000,000 per occurrence, $5,000,000 aggregate Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate Surveying $ 100,000 per occurrence, $ 300,000 aggregate

The above coverages are required of all contractors performing work or services in or on City of Williamsburg facilities. The limits are minimums and may be increased. The requirement for Professional Liability/Errors and Omissions coverage and limits applies only to the professions/services show above. All other providers of services are specifically exempted from the requirement for providing Professional Liability/Errors and Omissions coverage under these General Terms and Conditions.

All insurance policies providing the coverages required under paragraphs 1, 2, 3, 4 and 5 above shall require thirty (30) days’ advance written notice of cancellation [ten (10) days in case of failure to pay premiums] to the City.

The above stated requirements regarding alternate employer, advance notice of change or cancellation, completed operations and advance notice of policy change or cancellation must be met by either the policies themselves, in which case a true copy of the policies must be furnished to the City or by policy endorsements, copies of which must be delivered to the City. The following properly completed endorsements will be acceptable:

• Workers’ Compensation:

1. Certificate of Coverage

2. Alternate Employer Form WC 00 03 01 A

3. Material Coverage Change or Cancellation Form WC 99 00 10 01 10A.

• Additional Insured: Form No. CG 20 10 11 85.

• Completed Operations: Form No. CG 20 37 07 04.

• Material Change or Policy Cancellation Notice:. IL 60 05 VA 01 10 and Form No. CA 02 03 12 05.

32. ANTI-DISCRIMINATION: The Contractor certifies to the City that it 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 this 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 City. (Code of Virginia, § 2.2-4343.1E).

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

1. 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 identify, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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 these requirements.

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

33. Federal Immigration Reform and Control Act of 1986: Contractor shall not during the performance of this agreement, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

35. CONFLICT OF INTEREST/ANTI-KICKBACK. Contractor warrants that, apart from the normal bidding or proposal procedures as provided by the City in the General Terms and Conditions and Instructions to Bidders or the City’s Purchasing Manual, no person has been employed or retained to solicit or secure this Agreement upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee and that neither Contractor nor any officer, employee or agent of Contractor has any interest, financially or otherwise, in the City or with any of its employees. For breach or violation of this warranty, the City shall have the right to terminate for cause, without liability or to allow such Agreement to remain in force, subject to the deduction or reimbursement hereinafter provided. In event of Contractor’s breach or violation of the foregoing warranty if the City elects to allow the Agreement to remain in force, the City shall be entitled to deduct from the Agreement consideration, the full amount of such commission, percentage, brokerage, or other contingent fee and if such deductions are insufficient to fully reimburse the City, the Contractor shall promptly reimburse the difference to City. If the City elects to annul the Agreement, City shall have no further liability to make payments to Contractor and the Contractor shall within thirty (30) days of receipt of notice of annulment pay to the City the full amount of all commissions, percentage, brokerage or contingent fees paid by the City.

36. SEXUAL HARASSMENT TRAINING: If Contractor employs more than five employees, Contractor shall (i) provide annual training on Contractor’s sexual harassment policy to all supervisors and employees providing services in the Commonwealth of Virginia, except such supervisors or employees that are required to complete sexual harassment training provided by the Virginia Department of Human Resource Management, and (ii) post Contractor’s sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that contractor owns or leases for business purposes and (b) Contractor’s employee handbook.

37. CHILD LABOR: During the performance of this agreement, Contractor shall not use forced or indentured child labor and Contractor shall include the provisions of this paragraph in every subcontract or purchase order of over $10,000 so the provisions shall be binding upon each subcontractor or vendor.

38. TERMINATION: Subject to the provisions below, the City may terminate the Contract upon thirty (30) days advance written notice to the Contractor. Upon receipt of a notice of termination, the Contractor shall cease all Work underway unless advised by the City to do otherwise. In the event of termination, the Contractor shall be compensated only for the services as set forth in the Contract that have been performed/provided to the City’s satisfaction and expenses incurred as of the date of termination. Any Contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

a. Termination for Convenience: In the event that the Contract is terminated upon request and for the convenience of the City, without the required thirty (30) days advance notice, then the City shall be responsible for payment of services up to the termination date.

b. Termination for Cause: Termination by the City for cause, default or negligence on the part of the Contractor shall be excluded from the foregoing provisions and termination costs, if any shall not apply. However, pursuant to the Default paragraph of these General Conditions, the City may hold the Contractor responsible for any resulting additional purchase and administrative costs. Any payment due to the Contractor at the time of termination may be adjusted to the extent of any additional costs occasioned to the City by reason of the Contractor’s default. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause.

c. Termination Due to Unavailability of Funds in Succeeding Fiscal Years: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the Contract shall be canceled.

39. DEFAULT: In case of failure to deliver goods or services, or to perform construction work in accordance with the Contract terms and conditions, the City of Williamsburg, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the City may have.

40. DISPUTES; CLAIMS. Written notice of a contractor to file a claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such claims, whether for money or other relief, shall be submitted in writing to the City’s Purchasing Agent no later than sixty (60) days after final payment. The Purchasing Agent shall give written notification of the final decision on such claim to the contractor within thirty (30) days of the date the claim was received. The contractor may not institute legal action before receiving the Purchasing Agent’s final written decision, unless the Purchasing Agent fails to render such decision within the specified time. Pendency of claims shall not delay payment of amounts agreed due in the final payment. (Code of Virginia, § 2.2-4363).

41. COMPLIANCE WITH ALL LAWS.