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INVITATION FOR BID

27-089-4342

PESTICIDES FOR MOSQUITO CONTROL COMMISSION

Release Project Date November 5, 2026

Question Submission Deadline November 19, 2026, 2:00pm

Response Submission Deadline December 4, 2026, 2:00pm

Bid Opening Via Zoom Link on Friday, December 4, 2026 at 3:00 p.m.

https://us06web.zoom.us/j/84019433618?pwd=b AQrTy5S57WKbmwR1HX4ICANzfiRe7.1

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

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

Invitation For Bid #27-089-4342 Title: Pesticides for Mosquito Control Commission

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

8. VENDOR REQUIRED INFORMATION

9. REQUIRED GENERAL TERMS AND CONDITIONS

10. SPECIAL TERMS AND CONDITIONS

Attachments:

A - 27-089-4342 Signature Page B - IFB Reference Form

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

INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ)

IFB No. 27-089-4342 ISSUE DATE: Thursday, November 5, 2026

TITLE: Pesticides for Mosquito Control Commission

ISSUED BY:

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

USING DEPARTMENT:

City of Chesapeake Mosquito Control Commission 1611 Shell Road Chesapeake, VA 23323

Period of Contract: One (1) Year 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 2:00 pm local time on Friday, December 4, 2026. Bids must be submitted electronically via the City’s OpenGov E-Procurement website https://procurement.opengov.com/portal/cityofchesapeakeva/projects/310017. 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/310017.

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 2:00 pm, Thursday, November 19, 2026.

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

https://procurement.opengov.com/portal/cityofchesapeakeva/projects/310017

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 Mosquito Control Commission is seeking bids from qualified vendors to supply pesticides for use in the City’s mosquito control operations.

3. SCOPE OF WORK

The Contractor shall furnish the following goods and services:

3.1. SCOPE OF SERVICES

The Contractor shall supply pesticides for adult and larval mosquito control as outlined in the Bid Specifications. All products will be provided on an as-needed basis upon request by the City and in accordance with the terms and conditions set forth in the Contract Documents.

A. For the purposes of this contract, and in accordance with the Code of Virginia §

3.2-3900, “pesticides” are defined as follows:

o “Pesticide” means (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, other forms of plant or animal life, bacterium, or viruses, except viruses on or in living man or other animals, which the Commissioner shall declare to be a pest; (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (iii) any substance intended to become an active ingredient in any substance defined in clause (i) and (ii).

Pesticides Needed:

BVA 13 Oil o Active Ingredient: 100% Highly Refined Mineral Oil https://www.cityofchesapeake.net/941/Current-Solicitations https://www.cityofchesapeake.net/941/Current-Solicitations o Mechanism: Premium, non-phytotoxic petroleum carrier oil used as an adjuvant/diluent for adulticide space sprays. Mixing products for Oil based products (required for applications) o Quantity / Containers: 55-Gallon Drums o Annual Average 5 Drums

ReMoa Tri o Active Ingredients: Abamectin, Fenpropathrin, & C8910 fatty acids o Mechanism: Triple-action space spray adulticide designed to knock down pyrethroid-resistant adult mosquitoes. WNV vector control – Resistance rotational product o Quantity / Containers: 30-Gallon Drums o Annual Average 20 Drums

MetaLarv S-PT o Active Ingredient: (S)-Methoprene o Mechanism: Insect Growth Regulator (IGR) that mimics juvenile hormones, preventing larvae from pupating into biting adults. Long range control for flood water applications o Quantity / Containers: 40 lb. Bags o Annual Average 50 Bags

VectoMax WSP o Active Ingredients: Bacillus thuringiensis israelensis (Bti) + Bacillus sphaericus (Bsph) o Mechanism: Dual-bacterial biological larvicide providing fast knockdown and up to 56 days of residual control in catch basins. WNV control – Catch basin and Storm drains o Quantity / Containers: Cases of 800 Individual 10-Gram Pouches

(Packaged as 8 Bags of 100) o Annual Average 15 Cases

VectoMax FG o Active Ingredients: Bti + Bacillus sphaericus o Mechanism: Fine-granule biological larvicide optimized for targeting broad species in both clean and highly organic/polluted water. (Special projects, mixed mosquito populations) o Quantity / Containers: Standard 40 lb. (18 kg) Bags o Annual Average 15 Bags

Vectolex FG o Active Ingredient: Bacillus sphaericus (Bsph) o Mechanism: Target-specific biological larvicide highly effective against Culex species in stagnant, dirty, or organically rich water. Swamp control, Coquillettidia perturbans (WNV vector) - Cattail Mosquitoes (Special projects) o Quantity / Containers: Standard 40 lb. (18 kg) Bags o Annual Average 30 Bags

Vectolex WDG o Active Ingredient: Bacillus sphaericus (Bsph) o Mechanism: Water-dispersible granule formulation engineered for liquid application to achieve long-term larval suppression. Mist Application (A1

Cobra), Wide Area larvicide treatments o Quantity / Containers: Cases of 24 x 1 lb. (0.45 kg) Plastic Canisters o Annual Average 5 Cases

VectoBac 12 AS o Active Ingredient: Bacillus thuringiensis israelensis (Bti) o Mechanism: Aqueous suspension biological larvicide that releases delta-endotoxins to destroy the midgut of feeding larvae. Special project, roadside ditch applications (City wide infrastructure) o Quantity / Containers: 2.5-Gallon Jugs (2 Per Case) o Annual Average 10 Cases

VectoBac WDG o Active Ingredient: Bacillus thuringiensis israelensis (Bti) o Mechanism: High-potency, water-dispersible granule focusing on rapid, immediate broad-scale larval knockdown. Mist Application (A1 Cobra), Wide area larvicide treatments o Quantity / Containers: Cases of 24 x 1 lb. (0.45 kg) Plastic Canisters o Annual Average 8 Cases

VectoPrime FG o Active Ingredients: Bti + (S)-Methoprene o Mechanism: Biorational granule combining immediate Bti larval kill with methoprene for extended pre-hatch growth regulation in floodwaters.

Extended-release product for rural applications and broad treatments o Quantity / Containers: Standard 40 lb. (18 kg) Bags o Annual Average 15 Bags

3.2. TECHNICAL SPECIFICATIONS

Technical Specifications:

A. The City of Chesapeake requires mosquito control chemicals (adulticides and larvicides) for use by the City’s Mosquito Control Commission. The quantities listed in the pricing tables are based on historical usage and are provided solely for evaluation purposes. They are not guarantees of minimum or maximum usage under this contract.

B. The Contractor shall submit product data sheets and labels for each product offered in direct response to this solicitation. This documentation must be uploaded in Section 5, Vendor Questionnaire, Item #2.

C. All products must be approved by the Environmental Protection Agency (EPA) for use in adult and larval mosquito control.

D. All products must maintain a minimum shelf life of two (2) years when stored in their original containers in a cool, dry, shaded environment.

E. Adulticide products must be labeled for ground and/or aerial ULV (Ultra Low

Volume) application using standard ULV equipment.

3.3. PRICING

A. Pricing shall be entered in the Pricing Schedule table. The Contractor shall provide a Unit Cost for each line item they choose to offer. Bidders are not required to submit prices for all items to be considered responsive.

B. All items shall be priced FOB Destination. Bid prices must include all delivery charges.

C. All pricing shall remain firm for one (1) year.

3.4. DELIVERY

A. All chemicals shall be delivered to the Mosquito Control Commission, 1611 Shell

Road, Chesapeake, VA 23323. Delivery shall occur within five (5) working days for standard stock orders and within forty-eight (48) hours for emergency orders.

Deliveries will not be accepted on Saturdays, Sundays, or designated City holidays. Delivery hours are 7:00 AM to 2:30 PM, Monday through Friday.

B. Upon receipt, the City will sign for all deliveries and verify the contents against the packing slip.

C. Delivery shall not be considered complete until all items have been received and accepted by the City.

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/310017 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 Friday, December 4, 2026 at

2:00 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

One (1)Year from Effective Date with Four (4) One-Year Renewal Options Upon Mutual Written Agreement Between Parties.

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

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.

PESTICIDES

Pesticides needs are entirely dependent on weather patterns, mosquito surveillance, special projects, and our available equipment. These are approximate numbers that were adjusted to handle any moderate fluctuations during the mosquito season.

Line Item Description Estimated Annual

Quantity

Unit of Measure

Unit Cost Total No Bid

1 BVA 13 Oil 5 55 Gallon Drum

2 ReMoa Tri 20 30 Gallon Drum

3 MetaLarv S-PT 50 40 Lb. Bag

4 VectoMax WSP 15 Cases of

Individual 10-Gram Pouches

(Pkg. as 8 Bags of

100)

Line Item Description Estimated Annual

Quantity

Unit of Measure

Unit Cost Total No Bid

5 VectoMax FG 15 40 Lb. Bag

6 Vectolex FG 30 40 Lb. Bag

7 Vectolex WDG 5 Cases of 24 x 1 lb. (0.45

kg) Plastic Canisters

8 VectoBac 12 AS 10 2.5-Gallon Jugs (2 Per

Case)

9 VectoBac WDG 8 Cases of 24 x 1 lb. (0.45

kg) Plastic Canisters

10 VectoPrime FG 15 40 Lb. Bag

TOTAL

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. Please Upload Product Data Sheets Here* *Response required

3. 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. * Please download the below documents, complete, and upload.

• Reference_Form_April_2026.pdf

*Response required

4. Delivery Instructions* Please provide the estimated lead time for delivery.

DELIVERY TIME: Delivery is anticipated within ________________ days of receipt of order (ARO).

*Response required https://government-project.s3.us-west-2.amazonaws.com/94155/8f90174e-87a0-4cbc-abab-ba0ccbe2b1c7_Reference_Form_April_2026.pdf

5. 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

6. 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 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.

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=ASIA47RIURE4ESC366SX%2F20261105%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20261105T130001Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEP3%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJIMEYCIQDza1yv26%2F4Ql5vCA%2BaauAY%2B64PLrvEn0DmIol266JRIAIhAMaugIM5mqdOttS%2F5bfKuScWaTcyNtH%2F8%2Fzs39IyAJHwKpUFCMX%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgwRR8t%2BbRZi4sigrlAq6QSkQ0AMuGc5EQB15OJKwb83UYGK5ZJc7x2BEj%2B0tdf4wtu70ijLdzVLYuCjAd5s9Xmbb6H8juFdCkQ9wvS0LR%2BEkvKPUUOmMOpixH2V7Sw%2FgCkWwAZO9kMDPR13qAxCFnGGnTK%2B4bsnKTjivT51EZ5iPRspEHLqPLkWbAgkbY8KitK7rQFy%2FTn6NxghxWbmvpGsEqGQxyFNFBeueUgvaTjV5Mskye%2BUqiJgAzFQpLySbxKNhtZNPedC0MMCtIXVy0AzqtLKRczFkTrW1GSNu0Jsx%2BiUvsnjlBioUz893FL6jv0g6I8i1dTcA%2Fc0ZkRXOmssYY9jg4GIEFGFBMSfxW0%2B8o1URGBk4Q0go%2FUnQIQrLU3FqZK27YTSlRNZsYuVqscX2QNIa5ivl4GDNBAU5E76hQ8Z3SUIXS3sP1CZcJoegkuGuqM%2FMuTRJ9JN1y2aClNsLxv9zos8DsyKva0Z76nbEZV%2ByHGZMCMril4HodXVEY0yRYEJcUMs%2FSd1o4S6cFctBbC0UQ8QBIEVtfeugkWHXR6VJRCQMlrmeADBGkpVW%2BZwOtalwYaISdPKuJl2sponBgKNC3DtrQ0UChyk1V2ShhIhzKCP5%2FZBRwG2K9k4HP3u%2Bql%2BtBAXD7BmTSFsdpql9D5PGPNEuRN6WZsnMle8Woj%2BaErlb8%2F3nQGTDfJfjuVZx%2FtbhamRwhlRnDXtabMcjLrnLgFYbnySvlQqZZQ%2FIaQ5mEZhjUBNNImZfhwo8NujeX%2BqVNe5sgc7M9YANuKRTmhDblqYhaEIuIs1R71vdC7hrdtIwd%2BxrGJ6ug2I8oXN03xDb8pXLjDb6LHXBjqYARualssQqmkrxSpJkZGRrfdtAlFSV2njKsL02IcZJiYau0Rg%2F2r5OiA4ByDBIV6KAXymJLjszGu2W%2F3BALGeT3ZpByV2DRnCUh9UmjbDg581ZgqQajDinGOzeWi4GaN4Bsth51YZIgzmOQPKQeHZyECm6sdA6Uh%2B%2FViD4Z5bjLUNV9jMfxcp26YV9e2uioZl9qwJCI5C%2FdHG&X-Amz-Signature=4d52b57ce11839b43295e895f03aa9445e058bd0571fb21ac3b99201d66532d1&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22CERTIFICATION_OF_COMPLIANCE_WITH_IMMIGRATION_LAWS_AND_REGULATIONS.pdf%22&x-id=GetObject

☐ 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

7. 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.

7.1. 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

7.2. 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

7.3. 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

7.4. 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

7.5. 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.

7.6. 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

8. 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.

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

☐ Yes

☐ No

*Response required

8.2. 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)

8.3. SWaM Certificate/Supporting Documentation

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

https://www.scc.virginia.gov/

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 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 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.

https://library.municode.com/va/chesapeake/codes/code_of_ordinances http://www.cityofchesapeake.net/Purchasing

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 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 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 Consultant will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

9.22. AVAILABILITY OF FUNDS

It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available, subject to appropriations, for the purpose of this solicitation.

9.23. BID/PROPOSAL PRICE CURRENCY

Unless stated otherwise in the solicitation, bidders/offerors shall state bid prices in US dollars.

9.24. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

A Consultant 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 above 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 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 avoid any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

9.25. TERMINATION OF CONTRACT

The City may terminate the contract for cause or for convenience after giving 30 days’ notice in writing to the Consultant. The written notice shall state whether the termination is for convenience or cause. The notice shall be delivered by a commercial courier service or mailed certified with return receipt requested to the address listed on the bid/proposal, unless notice of a change of address has been provided to the Purchasing Division.

A. Termination for Cause: If the Consultant should breach the contract or fail to perform the services required by the contract, the City may terminate the contract for cause by giving written notice or may give the Consultant a stated period of time within which to remedy its breach of contract. If the Consultant shall fail to remedy the breach within the time allotted by the City, the contract may be terminated by the City at any time thereafter upon written notice to the Consultant or, in the alternative, the City may give such extension of time to remedy the breach as the City determines to be in its best interest. The City’s forbearance by not terminating the contract because of a breach of contract shall not constitute a waiver of the City’s right to terminate, nor shall the City’s acquiescence in any future act or omission by the Consultant. If the contract is terminated for cause, breach of contract or failure to perform, the Consultant may be subject to a claim by the City for the costs and expenses incurred in securing a replacement Consultant to fulfill the obligations of the contract. In the event a

Cure Notice is issued, the City will use the address provided to the City listed in the proposals. It shall be the Consultant’s responsibility to notify the City in writing within 10 days of knowing a change of address. The written notice shall include the City’s contract number and the effective date of the address change.

In the event the Consultant breaches the contract or fails to perform the services required by the contract, in addition to terminating this contract for cause, the City reserves the right, in its sole discretion, to terminate for cause any other open contract that the Consultant has with the City.

B. Termination for Convenience: The contract may be terminated by the City in whole or in part for the convenience of the City without a breach of contract by delivering to the Consultant a written notice of termination specifying the extent to which performance under the contract is terminated and the effective date of the termination. Upon receipt of such a notice of termination, the Consultant must stop work, including but not limited to work performed by subcontractors, at such time and to the extent specified in the notice of termination.

If the contract is terminated in whole or in part for the convenience of the City, the

Consultant shall be entitled to those fees earned for work done prior to the notice of termination and thereafter shall be entitled to any fees earned for work not terminated, but shall not be entitled to lost profits for the portions of the contract which were terminated.

C. Delivery of Materials: Contract termination shall not relieve the Consultant of the obligation to deliver to the City all products or services for which the

Consultant has been or will be compensated. Unless otherwise agreed to in writing, the Consultant shall deliver the materials or other deliverables to the City within 30 days of the Notice of Termination of the Contract. Failure to do so may result in an action for breach of contract.

D. Compensation Due the Consultant: In event of termination, the Consultant shall be entitled to the compensation accrued to the date of termination. Payment of the balance of the accrued compensation shall be dependent on the Consultant providing the required project material to the

City. Said fees which have been earned shall be billed to the City in accordance with the normal billing…