ITB # 2024-034 Mowing Services-Miscellaneous City Lots.pdf

CITY OF SALEM

PURCHASING DEPARTMENT

114 NORTH BROAD STREET

P.O. BOX 869

SALEM, VA 24153

PHONE (540) 375-3063 FAX (540) 375-4057

DATE: MARCH 1, 2024

BIDS WILL BE RECEIVED BY THE CITY OF SALEM IN THE PURCHASING DEPARTMENT, LOCATED AT 114 NORTH BROAD STREET, P.O. BOX 869, SALEM, VIRGINIA 24153. ANY QUESTIONS CONCERNING THIS INVITATION TO BID (ITB) SHOULD BE DIRECTED TO MICHELLE BRAXTON, PURCHASING MANAGER AT

(540) 375-3063 OR BY EMAIL AT LMBRAXTON@SALEMVA.GOV.

INVITATION TO BID #: 2024-034

BID DESCRIPTION: MOWING SERVICES-MISCELLANEOUS CITY LOTS

DATE AND TIME BID DUE: MARCH 13, 2024 AT 3:00 P.M.

TO BE CONSIDERED, RETURN ONE (1) ORIGINAL AND ONE (1) COPY, IN A SEALED ENVELOPE, CLEARLY MARKED “ATTN: PURCHASING

DEPARTMENT - ITB # 2024-034 – MOWING SERVICES-MISCELLANEOUS CITY LOTS” WITH YOUR COMPANY NAME AND THE DATE/TIME

BID IS DUE. ANY BID RECEIVED AFTER THE ABOVE DATE AND TIME FOR SUBMITTAL, WHETHER BY MAIL OR OTHERWISE, WILL BE REJECTED

AND SUCH BID SHALL BE RETURNED TO THE BIDDER UNOPENED. FAXED OR EMAILED BIDS ARE NOT ACCEPTABLE.

AWARD WILL BE MADE IN THE BEST INTEREST OF THE CITY OF SALEM, THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS, TO WAIVE INFORMALITIES, AND TO PURCHASE ANY PART OF, OR THE WHOLE OF, THE ITEMS AND/OR SERVICES LISTED IN THIS INVITATION TO BID.

NO BID MAY BE WITHDRAWN AFTER OPENING EXCEPT FOR CLERICAL ERRORS, AS SET FORTH IN SECTION 2.2-4330 OF THE VIRGINIA CODE. BIDDER MUST

GIVE THE CITY A NOTICE IN WRITING OF THE REQUEST TO WITHDRAW A BID WITHIN TWO (2) BUSINESS DAYS AFTER THE CONCLUSION OF THE BID OPENING.

ALL BIDS SHALL BE F.O.B. SALEM, VIRGINIA, AND SHALL INCLUDE THE EARLIEST DELIVERY DATE.

THE CITY OF SALEM WILL FURNISH A TAX EXEMPTION CERTIFICATE, AND NO BID SHALL INCLUDE ANY FEDERAL OR STATE TAXES.

TERMS ARE NET 30 UNLESS OTHERWISE STATED IN THIS INVITATION TO BID.

THE CITY OF SALEM DOES NOT DISCRIMINATE AGAINST FAITH BASED ORGANIZATIONS.

BIDDER ACKNOWLEDGMENT & DATA SHEET

DATE:

LEGAL NAME OF BUSINESS (PRINT):

ADDRESS:

AUTHORIZED SIGNATURE:

PRINT OR TYPE AUTHORIZED SIGNATURE NAME & TITLE:

PHONE NUMBER: FAX NUMBER:

EMAIL ADDRESS:

VA CONTRACTOR’S LICENSE #:

VIRGINIA STATE CORPORATION COMMISSION (SCC) ID #:

BUSINESS LICENSE #:

BY SIGNING THIS INVITATION TO BID (ITB), THE BIDDER ACKNOWLEDGES THAT HE/SHE FULLY UNDERSTANDS THIS ITB AND

THAT IT MEETS OR EXCEEDS ALL SPECIFICATIONS LISTED OR REFERENCED.

mailto:lmbraxton@salemva.gov

ITB # 2024-034

MOWING SERVICES-MISCELLANEOUS CITY LOTS

I. GENERAL INFORMATION:

The City of Salem, Virginia, is requesting sealed bids from qualified and licensed bidders to provide mowing and trimming services at various locations, in accordance with Invitation to Bid (ITB) # 2024-034.

This Invitation to Bid consists of the following (including any Addendums that the City may issue). Each Bidder should carefully read, review, and sign ALL required documents:

1. All Sections of Invitation to Bid # 2024-034

2. Bid Form (Attachment A)

3. City of Salem Mowing Book (Attachment B)

4. General Terms and Conditions (Attachment C)

The City of Salem invites any qualified Bidder to respond to this ITB by submitting a Bid for such work, service, and/or items consistent with the terms and conditions herein set forth.

II. INSTRUCTIONS TO BIDDERS:

A. Sealed Bids shall be received by Michelle Braxton of the City of Salem Purchasing Department, 114 North Broad Street, Salem, VA 24153 by 3:00 p.m., on Wednesday, March 13, 2024. Bidders shall submit one (1) original and one (1) copy of their bid in a sealed envelope clearly marked on the outside with the company’s name and “Attn: Purchasing Department - ITB # 2024-034 – Mowing Services- Miscellaneous City Lots”. Any bids received after the mentioned time and date will be returned to the Bidder unopened. Faxed or emailed bids will not be accepted.

At this time, the contents of all bids will be read aloud and made public for the information of Bidders and other interested parties who may be present in person or by representative.

B. Each Bidder is solely responsible for ensuring that they have the current, complete version of the Bid documents, including any addendum(s), before submitting. The City is not responsible for any Bid documents obtained from any source other than the City.

C. Bid submittal must include:

1. Bidder Acknowledgment & Data Sheet, Page 1 of this ITB (must be signed)

2. Bid Form (Attachment A), Pages 6 & 7 of this ITB

3. Any addendums, if issued (must be signed)

D. For questions regarding this bid, please contact:

Michelle Braxton, Purchasing Manager

P.O. Box 869 Salem, VA 24153

Telephone: 540-375-3063 Fax: 540-375-4057

Email: lmbraxton@salemva.gov

E. All questions and clarifications must be submitted by 3:00 p.m. on March 6, 2024.

F. All Bids must be signed by an authorized representative on the forms provided with this Bid. No changes are to be made to the Bid Form. Any changes to Bid amounts must be initialed.

G. The Successful Bidder shall be responsible for the removal of all waste and cleanness of all work.

H. The City’s procedures for withdrawal of bids (construction or other than construction) is that set forth in Section 2.2-4330 of the Virginia Code.

I. Each Bidder is advised that the Ethics in Public Contracting and Conflicts of Interests Act of the Code of Virginia applies to this Bid. Such information should be provided with the Bid response.

mailto:lmbraxton@salemva.gov

J. Failure to submit all required pages and information may result in the Bid to be non-responsive.

K. It is the sole responsibility of the Bidder for any cost incurred in the preparation and submission of this Bid.

L. A Bidder organized as a stock or non-stock corporation, limited 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 herein that enters into a Contract with the City pursuant to the Virginia Public Procurement Act 2.2-4300 et seq. 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 of the Code of Virginia, to be revoked or cancelled at any time during the term of the Contract. The City may void any Contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Please contact the SCC to determine whether your firm should register.

M. The information listed below and in any attachments to this ITB, is used to convey the quality of the equipment desired. The use of the brand does not restrict bidders to the specific brand or manufacturer. Any bidder wishing to bid other than the brand specified shall submit specifications with the sealed bid submittal. Any item which the City, in its sole discretion, determines to be the equivalent of that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended may be accepted.

III. QUALIFICATIONS REQUIRED:

The Successful Bidder must have a valid Virginia Business License.

IV. CONTRACT PERIOD

The contract shall begin and end as conditions deem necessary to perform mowing services (from approximately March 15 to November 15); a period of about eight months. The City reserves the right to request additional work beyond the mowing season specified in this ITB based upon the weather. The term of the Contract shall be for one season (2024), with the option to renew for three (3) additional one (1) year periods upon mutual agreement on costs, if an increase is necessary at the end of each year. The City may terminate the Contract, in whole or in part, without cause upon giving a thirty (30) days written notice to the Successful Bidder.

V. SCOPE OF WORK/SPECIFICATIONS:

Contractor shall furnish all licensing, equipment, materials, labor and supervision as may be necessary to provide mowing services including mowing, trimming and incidental litter removal. The contractor shall provide these services for the unit prices quoted at defined intervals and service levels on Bid Form, conditions permitting. Actual services rendered and payment may fluctuate depending on prevailing conditions including, but not limited to, weather, accessibility, and groundwater. As a result, some areas defined on ‘Bid Form “may be withdrawn from the list by Owner and notified in writing to Contractor.

A. Contractor's equipment and practices shall meet OSHA standards.

B. All work shall be performed during daylight hours of Monday—Saturday, excluding holidays and special events. No work to be performed on Sunday.

C. During the execution of work, a designated City of Salem Employee will have the authority to suspend the work fully or in part for any of the following reasons:

1. Contractor not performing proper mowing frequency or completing entirety of contract areas.

(Mowing shall occur once every 1.5--2 weeks unless weather conditions require changing mowing frequency. For example, once every two weeks may not be necessary during the heat/drought of summer and may be reduced. Contractor to mow as needed according to grass growth—see “E” below. Contractor to coordinate with City if questions arise.)

2. Failure of the contractor to correct unsafe conditions for the workmen and/or general public. All care is taken to not conflict with the public while servicing each area.

3. Failure to report any damages to City property and/or timely remediation of damages.

4. Any other conditions or reasons deemed to be not in the public's/City’s best interest.

5. Failure to respond to phone/text communications with the City within 24 hours.

6. Failure to bill/invoice in a timely manner (see VII below).

D. All work shall be performed according to the standard of industry and to the complete satisfaction of the City of Salem. All mowing equipment to be maintained by Contractor to provide a clean cut of grass blades and a manicured look of overall grassed areas.

E. Grass is to be cut to a uniform height 3-3.5" from grade. Grass height growth a maximum of 5-5.5” from grade must be mowed. Clippings to be blown-off of sidewalks, paved surfaces (including streets), & mulched areas back onto lawn whenever possible. Contractor to trim around trees, posts, buildings, fence, and any other structures as needed for proper manicured look paying special attention not to damage trees/structures from trimmer “string” or contact with mowing equipment. Contractor to remove and dispose of litter before performing mowing services—this may include paper, trash, fallen tree branches, etc. No mowing/trimming work to be performed when raining or when grass is wet. Large clumps of clippings left on the lawn must be thoroughly manipulated (by using mulching blades as an example) to chop up to a fine detritus or raked and removed. Lawns shall not be left with windrows of cut grass after mowing. Frequency of mowing dictated by weather/growing conditions (as previously mentioned). Properties with newly planted trees shall have fencing lifted and area trimmed and fencing put back to original place being careful not to damage tree or fencing. All properties shall have grass mowed to the property lines including along street right-of-way.

F. Personnel used by the contractor shall be properly trained and qualified to perform work. The Contractor shall be responsible for the conduct of all personnel while on the jobsite.

G. The Contractor shall provide all personnel with safety supplies and equipment including, but not limited to safety hats, vests, eye protection, etc. Contractor shall ensure that all personnel wear the appropriate safety clothing and use safety supplies and equipment while on the job site in accordance with OSHA regulations.

H. Damage to trees, facilities, equipment, existing utilities or finished surfaces resulting from the performance by the Contractor shall be repaired at the Contractor’s sole expense (including removal and replacement of damaged trees). Such an occurrence shall immediately be reported to the City by Contractor and will be resolved accordingly.

I. The City will issue a key for access to the sites that require gates/locks to be secured. It will be the Contractor’s responsibility to lock/secure sites when finished servicing for that day. All other sites are open to service as needed.

J. If for any reason the Contractor cannot gain access to any of the sites, the Contractor will need to reach out to the City representative for accommodations.

K. Additional work beyond the scope of this contract deemed necessary by the Contractor shall be approved in advance by the City of Salem.

Each Bidder should carefully read and review all documents and is strongly encouraged to visit locations before bidding!!

VI. CONTRACT AWARD

The resulting Contract will be awarded to the lowest responsive and responsible bidder as consistent with the Virginia Procurement Act, the City’s Code, the City’s Procurement Policies and Procedures and other applicable law.

VII. SUCCESSFUL BIDDER’S RESPONSIBILITY:

The Successful Bidder shall be responsible for the work to be done by any subcontractor(s) and shall assure compliance with all requirements of this Contract. The Successful Bidder shall be responsible for completely supervising and directing the work under this contract and all subcontractors that may be utilized.

Subcontractor(s) who perform work under this Contract shall be responsible to the Successful Bidder. The Successful Bidder shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s).

VIII. INVOICES:

Invoices for work performed shall be separated by sections. For example, all City Owned properties shall be billed under one separate invoice; all Water Dept. properties shall be billed under one separate invoice; and all Electric Dept. properties shall be billed under one separate invoice. Dates of work performed and property addresses shall be included. Invoices for services provided under any resulting contract shall be submitted to:

City of Salem Street & General Maintenance Department

Attn: Jeff Ceaser 1228 Indiana Street

Salem, VA 24153

IX. INSURANCE:

Insurance in the following amounts will be required:

Type of Insurance Each Occurrence Aggregate

General Liability including Contractual Liability and Completed Operations

$1,000,000 $2,000,000

Automobile Liability $1,000,000 $2,000,000

Workers Compensation Public Liability

Per VA Statute

The Coverage above is to be on an occurrence basis with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. The insurer must list the member locality as an additional insured. The endorsement must be issued by the insurance company. The contract must state the insurance provided in the additional insured endorsement is primary without contribution from other insurance available to the additional insured. A notation on the certificate of insurance referencing the additional insured status is not sufficient.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT A

BID FORM

DATED MARCH 1, 2024

Successful Bidder shall provide mowing services in accordance with this Invitation to Bid for the following Total Lump Sum Bid Price which shall include all labor, supervision, equipment, tools, travel fees necessary.

The City reserves the right to award multiple Bidders or by the lowest responsible and responsive bidder overall (Grand Total) whose bid, conforming to this request, is most advantageous to the City.

The City of Salem reserves the right to add or remove similar, related services and/or locations to/from any resulting Contract, as it may deem necessary and appropriate, on an as needed basis.

Price per Location

City Owned Property: Acres (for one mowing visit)

1029 E. Riverside Dr. 0.4 $

1008 E. Riverside Dr. 0.3 $

828 E. Riverside Dr. 0.3 $

816 E. Riverside Dr. 0.3 $

406 E. Riverside Dr. 0.2 $

400 E. Riverside Dr. 0.2 $

334 E. Riverside Dr. 0.3 $

410 Riverland Dr. 0.2 $

428 Riverland Dr. 0.3 $

437 Chamberlain Ln. 0.3 $

1715 E. Riverside Dr. 0.7 $

1721 E. Riverside Dr. 0.7 $

503 Front Ave. 0.3 $

608 W. Riverside Dr. 0.2 $

1200 Blk. W. Riverside Dr. 0.6 $

1233 W. Riverside Dr. 0.2 $

918 S. Market St. 0.1 $

Water Dept. Property:

1700 Victoria St. 0.9 $

1150 Kime Ln. 0.1 $

600 Blk. Boon St. 1.1 $

896 Academy St. 0.1 $

980 Red Ln. 0.3 $

344 Penguin Ln. 0.1 $

748 Roanoke St. 0.03 $

49 Upland Dr. 0.04 $

646-B Joan Cir. 0.2 $

3341 Franklin St. 0.5 $

22 Kimball Ave. 0.2 $

1708 Commerce St. 0.3 $

1235 Wildwood Rd. 0.2 $

1444 Blackwood Dr. 0.2 $

2940 Creekside Dr. 0.4 $

2707-B W. Main St. 0.01 $

495 Wildwood Rd. 0.03 $

3032 Creekwood Dr. 0.4 $

1220 W Riverside Dr. 0.2 $

Electric Dept. Property:

1651 Indiana St. 3.1 $ SW Corner of Lynchburg Trnpk/Electric Rd. 0.9 $

40 Wortham St. 0.6 $

700 Blk. Cleveland Ave. 1.1 $

900 Blk. of Union St. 0.2 $

Total Bid (this is for one mowing visit for all locations) $$

ATTACHMENT B

CITY OF SALEM MOWING BOOK

The City of Salem Mowing Book, provided by City of Salem Engineering Department, is included as a separate PDF attachment titled ITB # 2024-034 ~ Attachment B ~ City of Salem Mowing Book and is incorporated herein.

The book can also be found at the below website:

https://arcgispub.salemva.gov/portal/sharing/rest/content/items/482ab03f5a354eb4bbb15f18d8c48bfa/data https://arcgispub.salemva.gov/portal/sharing/rest/content/items/482ab03f5a354eb4bbb15f18d8c48bfa/data

ATTACHMENT C

GENERAL TERMS AND CONDITIONS

Vendor: The general terms and conditions, which follow, apply to all purchases and are an integral part of each purchase order issued by the City of Salem, Virginia unless otherwise specified. Vendors are expected to fully inform themselves of these terms and conditions and failure to do so will be at the vendor’s own risk and relief cannot be secured on the plea of ignorance. Subject to the state and local laws and all rules, regulations and limitations imposed by legislation of the federal government.

Acceptance: This purchase order constitutes Buyer’s offer to Seller upon the terms and conditions stated herein and shall become a binding contract based on the terms and conditions set forth herein when it is accepted either by Seller’s acknowledgement or performance.

Entire Agreement: These terms and conditions, any other special conditions and specifications contained in any other documents referenced shall constitute and represent the complete and entire agreement between the Buyer and Seller and supersede all previous communications, either written or verbal with respect to the subject matter of this purchase order.

Changes, additions, deletion: No changes, additions, deletions or substitutions of specifications, terms and conditions, quantity, unit of issue, delivery date, delivery charge or price will be permitted without the prior written approval from the Electric Department or City of Salem.

Contractual Disputes: All claims that may arise under this contract shall be resolved through the procedure set forth in City of Salem’s Purchasing Policy and Procedures Manual Section 4007.

Delivery: Delivery shall be FOB Destination. If otherwise, the exact cost to deliver shall be as shown.

Delivery Date/Time: Deliveries shall be strictly in accordance with the schedule set out or referred to on the purchase order and in exact quantities ordered. Delivery shall be made during the working hours of Monday thru Thursday 7:00 am – 5:30 pm unless otherwise specified or prior approval for another period has been obtained.

Tax Exemption: The City of Salem and Salem City Public Schools are exempt from State Sales Tax and Federal Excise Tax. Do not include tax. The City of Salem Finance Department upon request shall furnish tax Exemption Certificate. The City’s Federal Tax ID number is 54-6001593. This tax-exempt status does not transfer to the contractor for any taxes associated with the work under this contract. The contractor will pay all sales, consumer, use, and other similar taxes required by the law of the place where the work is performed.

Condition of Item: All items delivered shall be new, current model year, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated. Verbal agreements to the contrary shall not be recognized.

Substitutions: No substitutions or cancellations shall be permitted without prior written approval from the City of Salem Purchasing Department.

Antitrust: By entering into a contract, the Offeror conveys, sells, assigns, and transfers to the City all rights, title and interest in and to all causes of the action it may now 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.

Indemnification: The contractor agrees to be responsible for, indemnify, defend and hold harmless the City, its officers, agents and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen to occur in connection with and during the performance of the contract, including but not limited to claims under the Workers’ Compensation Act. The contractor agrees that it will, at all times, after the completion of the work, be responsible for, indemnify, defend and hold harmless the City, its officers, agents and employees from all liabilities resulting from bodily or mental injury or property damage directly or indirectly arising out of the performance or nonperformance of the contractor.

License Requirements: All firms having a business location or office in the City of Salem, Virginia are required to be licensed in accordance with the City’s Business, Professional and Occupational Licensing (BPOL) Tax Ordinance. Wholesale and retail merchants without a business location in the City are exempt from the requirement. Questions concerning the BPOL tax should be directed to the Commissioner of the Revenue, telephone number (540) 375-3019.

Method of Payment: Upon satisfactory delivery of the merchandise or satisfactory completion of the services all invoices and statements shall reference the purchase order number and be submitted to: City of Salem, Finance Department, P.O. Box 869, Salem, Virginia 24153.

The prices and payments shall be full compensation for the labor, tools, equipment, transportation, overhead and all other incidentals necessary to complete the specified terms and conditions.

Anti-Discrimination: By acceptance of the purchase order, all 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 Act of 1975, as amended, where applicable, and Section 11-51 of the Virginia Public Procurement Act which provides: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin 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. 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. 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.

Drug Free Work Place: Offerors must comply with Section 2.2-4312 of the VA Public Procurement Act, Drug Free work place.

Insurance: Prior to the start of any work under the contract, the Contractor shall provide to the City, Certificate of Insurance Forms approved by the City and maintain such insurance until the completion of all project orders issued under the contract. The minimum limits of liability shall be: Workers’ Compensation – Standard Workers Compensation Policy Broad Form Comprehensive General Liability -- $1,000,000 Combined Single Limit coverage to include: Premises-Operations; Products/Completed Operations; Contractual; Independent Contractors;

City and Contractor’s Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.); Automobile Liability - $1,000,000 Combined Single Limit.

Ethics In Public Contracting: By submitting the proposal, all Offerors certify and warrant that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, 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, present or promised, unless consideration of substantially equal or greater value is exchanged.

Applicable Law And Courts: Any contract resulting from this solicitation shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The contractor shall comply with applicable federal, state and local laws and regulations.

Gifts By Offeror, Contractor Or Subcontractor: No Offeror, contractor or subcontractor shall confer on any public employee having official responsibility for the 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 is exchanged.

Material Safety Data Sheets: Material Safety Data Sheets and descriptive literature shall be provided with the bid or delivery for each chemical and/or compound offered and/or purchased.

Sellers Responsibility: Sellers shall examine the Purchase Order and shall exercise their own judgment as to the nature and total amount of all work to be done. No plea of ignorance of conditions that exist or may later exist, or if conditions or difficulties that may be encountered in the work as a result of failure to make the necessary examination and investigation will be accepted as an excuse for any failure or omission on the part of the Seller to fulfill in every detail the requirements of the purchase order, or will be accepted as a basis for any claims whatsoever for extra compensation.

Default: In case of failure to deliver the reports, documents or services in accordance with the contract terms and conditions, the City, after due oral and written notice, may procure from other sources and hold Contractor responsible for any resulting additional procurement and administrative costs. This remedy shall be in addition to any other remedies, which the City may have.

Assignment: Neither party shall assign the Purchase Order without the prior written consent of the other party nor shall any purchase order be assigned to any party that is debarred from doing business with or in the Commonwealth of Virginia.

Valid Purchase Order: In order for a Purchase Order of the City of Salem to be valid, it must be executed by an authorized person as defined in the Code of the City of Salem, Virginia.

Debarment Status: By accepting Purchase Order, all Offerors certify that they are not currently barred from submitting proposals on contracts by any agency of the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently barred from submitting proposals on contracts by any agency of the Commonwealth of Virginia.

Compliance with federal, state, and local laws and federal immigration law; required contract provisions: The City shall provide the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

END OF ITB # 2024-034