IFB 62050 Asphalt Services.pdf

IFB #62050

Asphalt Services 1

CITY OF PETERSBURG, VIRGINIA

INVITATION FOR BID

IFB No. 62050

TITLE: Asphalt Services

ISSUE DATE: March 19, 2024

CONTRACT COMMENCEMENT AND EXPIRATION: The contract shall commence on the

Commencement Date set forth in the contract for furnish and deliver Asphalt Services and expire two (2) years later, unless terminated earlier in accordance with the provisions of this Contract.

EXTENSION OF CONTRACT: The City reserves the right to extend the Contract for any reason for a period or periods up to but not to exceed 12 months. This extension may be exercised when the City determines that an extension of the Contract is advantageous to the City.

RENEWAL: The City, at its sole option may renew this Contract for up to two (2) one (1) year renewal terms by furnishing the Contractor with written notice of its decision to renew at least 90 calendar days before the expiration of the then-current term.

F.O.B.: Department of Public Works & Utilities- Street Operations Division, 1340 E. Washington

Street, Petersburg, VA 23803

QUESTIONS: Questions must be submitted in writing to the Procurement Office no later than March 26, 2024 at 12:00 p.m. An electronic message may be submitted to purchasing@petersburg-va.org. If necessary, an addendum will be issued and posted on the City website at www.petersburg-va.org/360/Procurement-Office. It is the responsibility of the bidder to download any addenda.

SEALED BIDS WILL BE RECEIVED UNTIL 2:30 P.M prevailing local time April 2, 2024, in the

Procurement Office, 125 N. Union Street, Petersburg VA 23803 for the services described therein.

Bid Opening will be held virtually.

• To join the meeting and view video on your computer or mobile app, please click the following link: Join on your computer or mobile app

Click here to join the meeting

Meeting ID: 217 529 714 648 Passcode: kqTx6Q

• Or call in (audio only)

+1 804-215-0096,,723055383# United States, Richmond

Phone Conference ID: 723 055 383#

Responses to this solicitation may also be submitted electronically through the Commonwealth of Virginia electronic procurement portal (eVA). For guidance on how to submit your bid, go to mailto:purchasing@petersburg-va.org http://www.petersburg-va.org/360/Procurement-Office http://www.petersburg-va.org/360/Procurement-Office https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcwNTE2OTEtNjFkMy00ZDc0LWFiODItM2JkNDk1MGRmYzFi%40thread.v2/0?context=%7b%22Tid%22%3a%22915d4a77-8211-456a-97a4-3135fb39c42a%22%2c%22Oid%22%3a%22822d9234-3b76-47d4-8a92-f0e2c6509a90%22%7d tel:+18042150096,,723055383

Asphalt Services 2 https://eva.virginia.gov/supplier-training-materials.html and select the “Respond to IFBs-IFBs and more”

PDF located under the heading “Find and Respond to Virginia Business Opportunities (VBO)”.

If you are an individual with a disability and require reasonable accommodation, please notify: Procurement

Office at (804) 733-2345 three (3) working days prior to need. Bid packages are available in the

Procurement Office or from the City’s website at http://www.petersburg-va.org/360/Procurement-

Office/360/Budget-Procurement-Purchasing.

Eunita S. Wade ____

Eunita S. Wade

Interim Purchasing Specialist https://eva.virginia.gov/supplier-training-materials.html http://www.petersburg-va.org/360/Budget-Procurement-Purchasing http://www.petersburg-va.org/360/Budget-Procurement-Purchasing

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TABLE OF CONTENTS IFB No. 62050

Page

I. PURPOSE 4

II. PERIOD OF CONTRACT 4

III. BACKGROUND 4

IV. REQUIREMENTS 4

V. SCOPE OF WORK 4

VI. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 5

VII. SPECIAL TERMS & CONDITIONS 18

VIII. ATTACHMENTS 23

ATTACHMENT A - BID RESPONSE SHEET

ATTACHMENT B - REFERENCE SHEET

ATTACHMENT C - BIDDER QUALIFICATION/CERTIFICATION SHEET

ATTACHMENT D - NORMAL AND EMGERGENCY TELEPHONE

NUMBERS SHEET

ATTACHMENT E - VIRGINIA STATE CORPORATION COMMISSION

(SCC) SHEET

ATTACHMENT F - PROPRIETARY/CONFIDENTIAL INFORMATION

ATTACHMENT G - MINORITY BUSINESS REPORT

ATTACHMENT H - SMALL PURCHASE CARD

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INVITATION FOR BID No. 62050

Asphalt Services

I. PURPOSE

The intent and purpose of this Invitation for Bid (IFB) is to establish an award for up to three (3) contracts with qualified contractors to furnish all labor, materials and equipment necessary to produce and load hot asphalt mix into City operated equipment for the City of Petersburg’s

Public Works Department-Street Operations Division, in accordance with the enclosed

Specifications, Scope of Work, General Terms and Conditions, Special Terms and Conditions.

II. PERIOD OF CONTRACT

The initial term or period of the contract shall be for a two (2) year period with the effective date to be determined at time of award.

III. BACKGROUND

The City of Petersburg is located in the central section of the Commonwealth, 23 miles south of Richmond. It is located at the intersection of Interstate 95, 85 and US Rt. 460. The City has over 23 square miles that are within the City’s jurisdiction.

The City has utilized this type of contract for three (3) and spent approximately $100,000.00.

IV. REQUIRMENTS

1. The materials supplied by the Contractor shall conform to the most current issue of

VDOT’s Road and Bridge Specifications (Sections 210 & 211, and any related special provisions contained therein). The City will not be under any obligation to purchase any specific or minimum quantity.

2. The Contractor’s equipment shall be suitable for the production of asphalt mixes specified by VDOT, and suitable for dispensing hot asphalt mix into City trucks. Contractor’s pick up location shall be within a 40-mile radius of the City of

Petersburg.

3. Asphalt will be picked up by City vehicles at the Contractor’s location on a as needed basis.

V. SCOPE OF WORK

1. This work shall consist of the provision of hot asphalt mix loaded by the Contractor into

City operated trucks or hired trucks.

2. The Contractor shall provide labor, material, and equipment necessary to produce and load hot asphalt mix into City operated equipment at the Contractor’s facility/plant.

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3. Work sites will be various and based on on-going needs, as selected and determined by the City.

4. Asphalt mixes provided by the Contractor shall be in accordance to VDOT asphalt specifications and as references and contained herein.

5. Hours of Operation – All pick-ups will be done by the Department of Public Works-

Street Operations Division. Their hours of operation are Monday through Friday 7:30

AM to 4 PM.

6. Multiples Contacts

a. The City reserves the right to make multiple awards.

b. If multiple contracts are awarded, the City will assign work to Contractor on a rotating schedule based on their ability to meet specified completion times. If a

Contractor cannot meet the time required by the City, the next Contractor in the rotation will be contacted to provide an estimate of the work (if applicable).

c. The Contractor shall be responsive within City limits within two (2) hours from first notification.

VI. GENERAL TERMS, CONDITIONS AND INSTRUCTIONS

1. Definitions:

a. Acceptance: Acceptance shall mean approval by the Purchasing Agent’s Technical

Representative of contractor’s invoice for services.

b. Bidder: Any individual, company, firm, partnership, corporation, or other organization bidding or solicitations issued by the Procurement Office and offering to enter into contracts with the City. The term “bidder” will be used throughout the solicitation and shall be construed to mean “offeror” where appropriate.

c. City: The City of Petersburg and its authorized representatives and employees.

d. Contract: The signed Contract, stating the Scope of the Contract wherein the Contractor shall provide the goods and/or services to the City as set forth in the Contract

Documents.

e. Contract Documents:

(a) The signed Contract;

(b) This Invitation for Bid;

(c) Any Addenda issued;

(d) The Bid; and

(e) Modifications and/or Change Orders issued subsequent to the execution of the

Contract.

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f. Contractor: The individual, firm or organization which contracts with the City to perform the Services. As employed herein, the term "contractor" may refer to an individual, an organization, or to the contractor’s authorized representative.

g. Notice: As defined in Section VI. Paragraph F.

h. Purchasing Agent: The City of Petersburg Purchasing Agent, or her designated representative, who shall serve as the City's contracting officer.

i. Purchasing Agent’s Technical Representative: The City official who serves as the

Purchasing Agent's technical representative for purposes of administering the Contract.

2. The City:

a. Authority of the Purchasing Agent: The Purchasing Agent shall be the contracting officer for the City, who is authorized to execute this Contract and any Modifications or Change

Orders issued pursuant to Section I. No Notice to the City shall be effective unless a copy is delivered to the Purchasing Agent in accordance with the terms of the Contract.

b. Authority of the Purchasing Agent’s Technical Representative: The Contract shall be administered by designated City staff who shall be referred to as "the Purchasing Agent’s

Technical Representative."

c. Additional City Representatives: The Purchasing Agent’s Technical Representative may designate one or more additional representatives to coordinate with the contractor.

3. The Contractor:

a. Licensure: To the extent required by the Commonwealth of Virginia or the City of

Petersburg, the Contractor shall be duly licensed to perform the Services required to be delivered pursuant to this Contract.

b. Key Persons: If any "Key Persons" are identified in the solicitation, those Key Persons shall be directly involved in the performance of Contractor’s Work hereunder. No Key

Person shall be changed without the written consent of City unless such Key Person becomes unavailable to perform his or her duties because of death, disability or termination of employment; provided however, that a Key Person shall be removed at

City’s request. If a Key Person is no longer capable of performing in the capacity described in the solicitation, or is removed by the City, the City and the Contractor shall agree on a mutually acceptable substitute.

4. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the bid.

Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the City reserves the right to decide on a case-by-case basis, in its sole discretion, whether to reject such a bid as non-responsive. As a precondition to its acceptance, the

City may, in its sole discretion, request that the bidder withdraw or modify non-responsive portions of a bid which do not affect quality, quantity, price, or delivery.

5. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the Procurement Office no later than March 26, 2024, at 12:00 P.M. Any revisions to the solicitation will be made only by addendum issued by the Procurement Office. All addenda are downloadable from the City web

Asphalt Services 7 site www.petersburg-va.org. Each bidder is responsible for determining that all addenda have been received and shall acknowledge receipt of all addenda in the space provided within the

Pricing Schedule / Bid Response or by returning a copy of each addendum, signed. Failure to do so may result in rejection of the bid. All addenda shall become part of the solicitation and any resulting contracts.

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

7. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their proposal, 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.

8. BIDDING PROCEDURE:

1. GENERAL INSTRUCTIONS:

In order to be considered for selection, Bidders must submit a complete response to the IFB. Bids may be submitted electronically through eVA or by U. S. Mail, overnight service or hand delivery.

A. Electronically through eVA

a. For guidance on how to submit a bid, go to https://eva.virginia.gov/supplier-training-materials.html and select the “Respond to IFBs-IFBs and more” PDF located under the heading “Find and Respond to Virginia Business

Opportunities (VBO)”.

b. If the Bidder determines that part or parts of its bid are trade secrets or proprietary information that is not be open to public inspection, the Bidder must submit an additional copy of its bid that eliminates such part or parts. This copy shall be identified with the words “REDACTED COPY”.

B. U. S. Mail, overnight service or hand delivery

All bids must be sealed and labeled on the outside of an opaque envelope or package to show the following:

a. Title of Bid

b. Name of Bidder

c. Address of Bidder

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d. IFB Number

e. Bid Receipt and Opening Date and Time

Failure to do so may be cause for rejection.

2. BID PREPARATION:

A. Submit the original and one (1) copy of the bid response sheet and all exhibits.

B. Bids on separate bid invitations must not be combined on the same from or placed in the same envelope. Such bids may not be considered.

C. All bids submitted shall have included in the price the cost of any business or professional licenses and permits or fees required by the City of Petersburg or the

Commonwealth of Virginia.

D. If unable to bid, please sign and return the bid response form by return mail, advising reason for not submitting bid.

E. All forms, blanks and questions must be completed. Failure to do so may be

Cause for rejection of bid.

G. The Procurement Office will neither accept oral bids nor accept bids received by telephone, fax, or electronically. Unless otherwise specified, bidders are to use the

Bid Response Form, attached.

F. Bids received after the due date and time will be deemed nonresponsive and returned to the bidder unopened. The time bids are received shall be determined with reference to the Procurement Office Official Clock. Bidders are responsible for ensuring that their bids are received and stamped by Procurement Office personnel by the deadline indicated.

H. In the event the City offices are closed due to inclement weather and/or emergency situations at the time set aside for a pre-bid conference and/or the advertised bid opening, the conference and/or opening date will default to the next open business day at the same time and location.

I. No bid shall be altered or amended after the specified time for opening.

J. Only when specifically requested in the bid documents shall each bid be accompanied by a bid bond with surety satisfactory to the City attorney or a cashier’s check or a certified check, made payable to the Treasurer of the City of

Petersburg. In the event of default by the bidder, the deposit shall be and represent liquidated damages to the City. Bids received without a bid bond, when specifically requested, shall be rejected and deemed nonresponsive.

9. BID ACCPETANCE PERIOD: Any bid in response to this solicitation shall be binding for ninety

(90) days from the date of opening, unless extended by mutual consent of the parties.

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10. PRICES: Unless total sum price is specifically requested, unit and extended prices should also be given. Failure to do so may cause bid not to be considered. In case of error in extension of prices in the bid, the unit prices shall govern.

11. ROYALTIES, PATENTS, COPYRIGHTS, AND TRADEMARKS: Whenever the Contractor is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Contractor shall indemnify and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, device, tool, material, equipment, or process to be performed under this Contract, and shall indemnify the City, its officers, agents, authorized representatives, and employees for any costs, expenses and damages which may be incurred by reason of any such infringement at any time during the prosecution and after the completion of the Work.

12. BRAND NAMES OR APPROVED EQUALS:

a. The items called for in this bid have been identified by a “brand name or approved equal” description. Such identification is intended to be descriptive, but not restrictive, and is to indicate the standard of quality and characteristics of products that will be satisfactory. Bids offering

“equal” products including products of the brand name manufacturer other than the one described by brand name will be considered for award provided such products are clearly identified in the bid response and documentation of its equivalency is included with the sealed bid, and the City of Petersburg makes one of the following determinations:

(a.) The product fully meets the salient characteristics requirements referenced in the bid, or

(b.) The product meets materially all characteristics of the specified item in the bid.

b. Unless the bidder clearly indicates in the bid that he is offering an “equal” product, such bid will be considered as offering the brand name products referenced in the bid.

c. If the bidder proposes to furnish an “equal” product, the brand name and model number of the product to be furnished shall be inserted in the space provided in the bid. The bidder shall submit prior to or with the sealed bid a true and exact sample for each

“equal” product so noted in the bid. The evaluation of bids and the determination as to equality of the product offered will be the responsibility of the City of Petersburg and will be based on information furnished by the bidder on his bid.

13. REQUIREMENTS CONTRACTS:

a. Whenever a bid is sought seeking a source of supply for a requirements contract for goods and/or services, the quantities or usage shown are estimates only. No guarantee or warranty is given or implied by the City of Petersburg as to any minimum or total amount that may or may not be purchased from any resulting contracts.

b The City reserves the right, at its sole option, to renew the contract for consecutive terms.

c. The City reserves the right to award bids for requirements contracts based on the pricing of the initial term of the contract or any combination of initial and renewal terms.

d. The City may award a bid to a single contractor or to multiple contractors.

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e. The City reserves the right not to renew the contract at the end of the initial term or any subsequent term.

f. The City reserves the right to terminate the contract upon written notice to the contractor(s) within 60 days.

g. In the event that a requirements contract is awarded for goods and/or services, the City reserves the right to bid on individual bulk purchases if the City deems it will best serve its interest.

h. It is understood and agreed between the parties in a resulting contract that the City of

Petersburg shall not be obligated to purchase or pay for materials under such contract unless and until they are ordered and delivered.

i. Bids based on a firm price or those including a "downward escalator" clause for a requirements contract term may be given preference over lower ones bearing an

"escalator" clause.

j. The City reserves the right to extend this contract up to and not to exceed one hundred eighty (180) days following the last term of renewal.

14. DESCRIPTIVE MATERIAL: The Procurement Office is not responsible for locating or securing any information which is not included in the bid. Accordingly, to insure that sufficient information is available, the bidder shall furnish as part of his bid all descriptive material (such as catalog cuts, illustrations, drawings, specifications, or other information) necessary for the

Procurement Office to: (A.) determine whether the product offered meets the salient characteristic requirements of the bid, and (B.) establish exactly what the bidder proposes to furnish and what the City would be binding itself to purchase by making an award.

15. MATERIAL SAFETY DATA: A material safety data sheet (MSDS) is required to be submitted to the City, for all chemicals proposed to be furnished in the performance of the services, or the provision of goods, which are the subject of this procurement transaction. The MSDS must list all ingredients which constitute more than one percent (1%) of any product, or more than one-tenth percent (0.1%) for any known or suspected carcinogens. The MSDS must identify each product by its common or chemical name, provide physical and chemical characteristics of any hazardous materials or hazardous components, list any known acute or chronic health effects, specify exposure limits, and list any necessary or recommended precautionary measures and emergency and first aid procedures.

16. SAMPLES: Samples of items, if requested, shall be furnished without charge and if not destroyed shall, upon request within sixty (60) days after the bid opening, be returned at the bidder’s expense. After sixty days, unclaimed items will become the property of the City of

Petersburg.

17. TIME and POINT OF DELIVERY / DELIVERY TERMS: Time of proposed delivery should be stated in number of calendar days. General terms such as “stock”, “immediately”, and “as soon as possible”, may be cause for rejection. Unless otherwise specified, quote earliest delivery date as it may be considered a factor in making the award. All items shall be delivered F.O.B.

destination, and freight, delivery costs, and incidental charges shall be included in the bid price(s). Failure to do so may be cause for not making an award to the bidder. The bidder shall assume all liability and responsibility for the delivery of merchandise in good condition to the specified delivery location(s).

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18. TESTING AND INSPECTION: The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

19. TRANSPORTATION AND PACKAGING: By submitting their bids, all bidders certify and warrant that the price offered for F.O.B. destination includes 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.

20. TAXES: (a.) All bids shall be submitted exclusive of direct Federal, State and Local Taxes.

However, if the bidder believes that certain taxes are properly payable by the City, he may list such taxes separately in each case directly below the respective item bid price. (b.) The City is exempt from payment of Sales and Use Tax on all tangible personal property purchased or leased for its use or consumption. (c.) Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax; bidders shall consider the tax liability in preparing their bid.

(d.) Certificate of exemption will be furnished upon request.

21. LICENSES, PERMITS, AND FEES: All bids submitted shall have included in price the cost of any business and professional licenses, permits, or fees required by the City of Petersburg or the

Commonwealth of Virginia. The Contractor shall be responsible for obtaining all necessary permits and for payment of all fees for work performed under this contract.

22. AWARD CRITERIA: 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) meeting the requirements of the solicitation. Due consideration will be given to previous experience, and the ability of the bidder to render the required services. The Procurement Office reserves the right to conduct any test it may deem advisable and to make all evaluations. The City reserves the right to reject any or all bids, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the procuring public body to be in its best interest. Bids will be tabulated, evaluated and awarded on a “Grand

Total” basis.

22.1 Additional Award Criteria: The following factors in addition to price (as they apply) shall be a consideration in the award decision:

a. The ability to provide references which may substantiate past work performance and experience in the type of work required for the contract. The lowest responsive bidder(s) may be required to furnish a contractor qualifications statement, to include additional references, prior to any such award. The City may contact all references furnished by bidders. The right is further reserved by the City to contact references other than, and/or in addition to, those furnished by the bidder. If, in the sole opinion of the City, a bidder is determined to be non-responsible as a result of any investigation conducted by or for the

City, award will not be made to that bidder.

b. The quality of performance/workmanship of previous contracts for goods and/or services delivered to or performed for the City.

c. The timely completion of previous contracts for services or the timely delivery of past orders for goods.

d. The sufficiency of financial resources and its impact on ability of the bidder to perform the contract or provide the services.

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e. The City reserves the right, at its option, to conduct on-site inspections of any bidder's facilities prior to award. The results of any such inspection will be considered by the City in determining bidder's capabilities of successfully administering the contract.

f. The ability and availability of the bidder to provide quality and timely maintenance, service, and/or parts.

g. The availability and capability of local and regional vendor support as it affects the quantity, quality, and timeliness of the goods and/or services.

h. Timely delivery of goods or timely completion of services as stated by bidder.

i. Substantial compliance or noncompliance with specifications set forth in bid as determined by the City.

j. Inventory capability as it relates to a particular bid.

k. Results of product testing.

The successful bidder will receive a Purchase Order and/or Contract. In accordance with Virginia law, notice of award will be posted on the Purchasing Bulletin Board in the City Hall Annex as well as the

City’s website: http://www.petersburg-va.org. Bid results will be posted on the City website. Requests for bid results must be made in writing and a self-addressed stamped envelope is required. The City reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award. Bids making exceptions to terms and conditions included in this invitation may be considered, but preference may be given to those who do not make such exceptions.

23. AVAILABILITY OF FUNDS: It is understood and agreed between the parties that the City shall be bound hereunder only to the extent of funds appropriated and available or which my hereafter become appropriated and available for the purpose of this agreement.

24. BILLING and PAYMENT: The Contractor shall submit itemized invoices in duplicate identifying each item billed by the item number used beside each item in this invitation, and the contract number assigned this contract upon its award. It is further understood and agreed between the parties to any agreement resulting from this bid invitation that the City shall not be obligated to purchase or pay for commodities, supplies, equipment or services covered by this agreement unless and until they are ordered, delivered or performed.

25. FINANCE CHARGES: Finance charges imposed by the Contractor on any invoice shall not be paid by the City.

26. PAYMENT OF SUBCONTRACTORS: The Contractor agrees to take one of the two following actions within seven (7) days after receipt of amounts paid to the Contractor by the City for work performed by a subcontractor under this contract:

a. Pay the subcontractor for the proportionate share of the total payment received by the

Contractor attributable to the work performed by the subcontractor under this contract; or

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

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The Contractor shall pay interest to the subcontractor on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment for work performed by the subcontractor under this contract, except for amounts withheld as allowed in (b.) above. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month. The interest charge shall not be deemed an obligation of the City, and a cost reimbursement claim may not include any amount for reimbursement for such interest charge.

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

27. GENERAL GUARANTY: Contractor agrees to:

a. Save the City, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or un-copyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of the contract for which the contractor is not the patentee, assignee, licensee or owner.

b. Protect the City against latent defective material or workmanship and to repair or replace any goods damaged or marred in transit or delivery.

c. Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her work or to the work of other contractors, for which his or her workers are responsible.

d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the City.

e. Protect the City from loss or damage to City owner property while it is in the custody of the Contractor.

28. SERVICE CONTRACT GUARANTY: Contractor agrees to:

a. Furnish services described in the solicitation and resultant contract at the times and places and in the manner and subject to conditions therein set forth provided the City may reduce the said services at any time.

b. Enter upon the performance of services with all due diligence and dispatch, assiduously press to complete performance, and exercise therein the highest degree of skill and competence.

c. All work and services rendered in strict conformance to all laws, statutes, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices and other agents.

d. Allow services to be inspected or reviewed by and employee of the City at any reasonable time and place selected by the City. The City shall be under no obligation to compensate the Contractor for any services not rendered in strict conformity with the contract.

e. Stipulate that the presence of a City Inspector shall not lessen the obligation of the

Contractor for performance in accordance with the contract requirements, or be deemed a defense on the part of the contractor for infraction thereof. The Inspector is not

Asphalt Services 14 authorized to revoke, alter, enlarge, relax, or release any of the requirements of the

Contract Documents. Any omission or failure on the part of the Inspector to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material. Notification of an omission or failure will be documented by the Purchasing Agent.

29. CHANGES TO THE CONTRACT: 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.

30. ASSIGNMENT OF THE CONTRACT: The contract shall not be assignable by the Contractor in whole or in part without the written consent of the City.

31. TERMINATION FOR DEFAULT: The Contractor shall be considered in default if he fails to perform in accordance with the terms of the contract. In such event, a “notice to cure” will be issued advising the Contractor that the non-performance is a breach of contract and if not corrected immediately upon notice, the City may terminate the contract and hold the Contractor responsible for any excess costs; except where non-performance was caused by an act of war, order of legal authority, act of God or strikes, or other unavoidable cause not attributed to the fault or negligence of the Contractor. The City may terminate the contract immediately, without prior notice to the Contractor, if the Contractor fails to maintain any of the insurance coverages required herein.

32. CANCELLATION: The City reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Contractor. In the event the initial contract period is for more than 12 months, the resulting contract may be terminated by either party, without penalty, after the initial 12 months of the contract period upon 60 days written notice to the other party. 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.

33. BANKRUPTCY: If Contractor should be adjudged bankrupt, or make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of the Contractor's insolvency, then the City may without prejudice to any other right or remedy, and after giving the

Contractor seven (7) calendar days written notice, terminate this contract and procure such goods or services from other sources. In such event, Contractor shall be liable to the City for any additional cost occasioned by such failure or other default. In such cases, contractor shall not be entitled to receive any further payment. If the expense of finishing the contract requirements, including compensation for additional managerial and administrative services shall exceed the unpaid balance of the contract price, the Contractor shall pay the difference to the City.

34. INDEMNIFICATION: The Contractor shall indemnify, defend, reimburse and hold the City and its officers, employees, and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant federal state or municipal law or ordinance, or other cause, in connection with the negligent or intentional acts or omission of the

Contractor, its employees, subcontractors or agents, or on account of the negligent performance or character of the work performed in breach of applicable standards of care, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees or agents. It is understood that the Contractor shall at its own expense, upon written request by the

City, defend any such suit or action brought against the City, its officers, agents or employees.

Acceptance of insurance certificates and endorsements required under this Agreement does not

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35. SMALL BUSINESS, and MINORITY-, WOMEN-, and SERVICE-DISABLED VETERAN-

OWNED BUSINESS: The City of Petersburg actively solicits small, and minority-, women-, and service-disabled veteran-owned businesses to respond to all Invitations for Bids and Requests for

Proposals, and if not already on the City’s Bidder’s Mailing List, you may request application for inclusion on the list. Please contact the Procurement Office at (804) 733-2345 and request an application or download one from the City’s website www.petersburg-va.org.

36. NO DISCRIMINATION AGAINST FAITH-BASED ORGANIZATIONS:

The City of Petersburg does not discriminate against faith-based organizations as that term is defined in § 2.2-4343.1 of the Code of Virginia of 1950, as amended.

37. DRUG-FREE WORKPLACE: During the performance of this contract, the Contractor agrees to

(a.) provide a drug-free workplace for the contractor's employees; (b.) 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; (c.) 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 (d.) 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.

38. ANTI-DISCRIMINATION: By submitting their bids, bidders 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

Code of Virginia of 1950, as amended. 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 of 1950, as amended, § 2.2-

4343.1E).

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

a. 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, 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.

http://www.petersburgva.gov/

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(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.

b. 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.

39. NONDISCRIMINATION TO CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the City has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the

City shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

40. IMMIGRATION REFORM & CONTROL ACT OF 1986: By submitting a bid, bidders 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.

41. ADVERTISING: In the event a contract is awarded for supplies, equipment, or services resulting from this solicitation, no indication of such sales or services to the City of Petersburg will be used in product literature or advertising. The Contractor shall not state in any of its advertising, product literature or web site that The City of Petersburg has purchased or uses any of its products or services, and the contractor shall not include The City of Petersburg in any client list in advertising and promotional materials.

42. GOVERNING LAW: Any contract resulting from this solicitation shall be governed by the provisions hereof and by the laws of the Commonwealth of Virginia. Any dispute arising out of this Contract shall be resolved in the Courts of the Commonwealth of Virginia, in and for the

City of Petersburg.

43. PRECEDENCE OF TERMS AND CONDITIONS: Any and all Special Terms and Conditions contained in this solicitation that may be in variance or conflict with these General Terms, Conditions, and Instructions shall have precedence over these General Terms, Conditions, and

Instructions. If no changes or deletions to General Terms, Conditions, and Instructions are made in the Special Terms and Conditions, then the General Terms, Conditions, and Instructions shall prevail in their entirety.

44. SEVERABILITY: Should any provision of this contract be declared invalid for any reason, such decision shall not affect the validity of any other provisions, which other provisions shall remain in force and effect as if the contract had been executed with the invalid provision(s) eliminated, and it is hereby declared the intention of the parties that they would have executed the other provisions of the contract without including therein such provision(s) which may for any reason hereafter be declared invalid.

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45. SURVIVAL: Any provision of this contract which contemplates performance subsequent to any termination or expiration of this contract, including, without limitation, the provisions of

Guaranty, Contractual Disputes, Indemnity, and Audit, shall survive any termination or expiration of this contract and shall remain in full force and effect according to their terms.

46. NON-WAIVER: The failure of the Contractor or City to exercise any right, power or option arising under this contract, or to insist upon strict compliance with the terms of this contract, shall not constitute a waiver of the terms and conditions of this contract with respect to any other or subsequent breach thereof, nor a waiver by the Contractor or City of their rights at any time thereafter to require exact and strict compliance with all the terms thereof.

47. DEBARMENT STATUS: By submitting their bids/proposals, bidders/offerors certify that they are not currently debarred by the City from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

48. ANTITRUST: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the City 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 goods or services purchased or acquired by the City under said contract.

49. PROPRIETARY INFORMATION: Ownership of all data, materials, exhibits, and documentation originated and prepared for the City pursuant to the solicitation shall belong exclusively to the City and be subject to public inspection in accordance with the Virginia

Freedom of Information Act, Code of Virginia of 1950, as amended, Section 2.2-3700 et seq.

Section 2.2-4342 F of the Code of Virginia of 1950, as amended, states: “Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of

Section 2.2-4317 shall not be subject to the Virginia Freedom of Information Act; however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” Bids/proposals not in compliance with

Section 2.2-4342 F will be subject to disclosure.

50. REGISTERING OF CORPORATIONS: Any foreign corporation transacting business in Virginia shall secure a certificate of authority as required by Section 13.1-757 of the Code of Virginia of

1950, as amended, from the State Corporation Commission. The consequences of failing to secure a certificate of authority are set forth in Section 13.1-758 of the Code of Virginia of 1950, as amended.

51. CONTRACTUAL DISPUTES: Contractual claims, whether for money or other relief, shall be submitted by the contractor in writing no later than sixty days after final payment. However, written notice of the contractor's intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. The City shall consider the claim and shall make a written determination as to the claim within forty-five days after receipt of the claim. Such decision shall be final and conclusive unless the contractor appeals within six months of the date of the final decision by instituting legal action as provided in the Virginia

Public Procurement Act.

52. AUDIT OF CONTRACTOR RECORDS: The City reserves the right to audit all contractor records in contracts where payments are based on Contractor’s records of time, salaries, materials, or actual expense.

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53. NON-EXCLUSIVITY: The City reserves the right to procure goods or services covered under this contract from a third party when, in the City’s sole discretion, it is deemed in the City’s best interest.

54. PRICE ESCALATION/DE-ESCALATION: Price adjustments may be permitted for changes in the contractor’s cost of materials not to exceed the increase in the following index/indices:

Producer Price Index (PPI) and the Consumer Price Index (CPI). No price increases will be authorized for 365 calendar days after the effective date of the contract. Price escalation may be permitted only at the end of this period and each 30 days thereafter and only where verified to the satisfaction of the Budget and Procurement Office. However, “across the board” price decreases are subject to implementation at any time and shall be immediately conveyed to the City.

The Contractor shall give not less than 30 days advance notice of any price increase to the Budget and

Procurement Office. Any approved price changes will be affective only at the beginning of the calendar month following the end of the full 30 day notification period. The contractor shall document the amount and proposed effective date of any general change in the price of materials. Documentation shall be supplied with the contractor’s request for increase which will: (1) verify that the requested price increase in general in scope and not applicable just to the City; and (2) very the amount or percentage of increase which is being passed on to the contractor by the contractor’s suppliers.

The Procurement Office will notify the using agencies and the contractor in writing of the effective date of any increase which it approves. However, the contractor shall fill all purchase orders received prior to the effective date of the price adjustment at the old contract prices.