ITB # 2025-023 Mowing Services (Schools).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: FEBRUARY 12, 2025

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 #: 2025-023

BID DESCRIPTION: MOWING SERVICES (SCHOOLS)

DATE AND TIME BID DUE: MARCH 5, 2025 AT 2:00 PM ET

TO BE CONSIDERED, BIDS MUST BE RECEIVED BY HAND DELIVERY, MAIL, OR ELECTRONICALLY ON EVA AT EVA.VIRGINIA.GOV. SEE

INSTRUCTIONS TO BIDDERS BELOW. ANY BID RECEIVED AFTER THE ABOVE DATE AND TIME FOR SUBMITTAL, WHETHER BY MAIL OR

OTHERWISE, WILL BE MARKED “LATE” AND RETAINED UNOPENED IN THE PROCUREMENT FILE. 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NO BID MAY BE WITHDRAWN AFTER OPENING EXCEPT FOR CLERICAL ERRORS, AS SET FORTH IN SECTION 2.2-4330 OF THE VIRGINIA CODE.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.

IN ACCORDANCE WITH CODE OF VIRGINIA, SECTION 2.2-4343.1, 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 # 2025-023

MOWING SERVICES (SCHOOLS)

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 school locations, in accordance with Invitation to Bid (ITB) # 2025-023.

The Bid Form shall include all labor, materials, equipment, tools and services necessary to provide the requested services as described in this Invitation to Bid including any attachments.

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

1. All Sections of Invitation to Bid # 2025-023

2. Bid Form (Attachment A)

3. List of Locations & Details (Attachment B)

4. Maps (Attachment C)

5. General Terms and Conditions (Attachment D)

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 must be received by hand delivery, mail or electronic submission through eVA by 2:00 PM ET, on Wednesday, March 5, 2025.

B. If hand delivering or mailing a sealed bid response, the bid package must be received by Michelle Braxton of the City of Salem Purchasing Department, 114 North Broad Street, Salem, VA 24153, at or before the stated bid due date and time.

Bidders shall submit their bid in a sealed envelope clearly marked on the outside with the company’s name and “Attn: Purchasing Department - ITB # 2025-023 – Mowing Services (Schools)”.

C. If submitting a bid response electronically on eVA at www.eva.virginia.gov, bidders must ensure that they are a registered vendor in eVA. Bids can be found under the Business Opportunities Tab > Virginia Business Opportunities (VBO). There is no cost to register. If bidder encounters any issues submitting an online bid through eVA, bidder shall contact eVA Customer Care for assistance.

D. The contents of all bids received 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 at 3:00 PM ET on March 5, 2025, in Council Chambers, located at City Hall, 114 North Broad Street, Salem, Virginia, 24153.

E. Any bids received after the mentioned time and date will be marked “late” and retained unopened in the procurement file. Faxed or emailed bids will not be accepted.

F. 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.

G. Bid submittal must include:

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

2. Bid Form (Attachment A), Page 7 of this ITB

3. Any Addendums that the City may issue (must be signed) http://www.eva.virginia.gov/

H. 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

I. All questions and clarifications must be submitted in writing by 3:00 PM ET on February 21, 2025.

J. During an active solicitation, all communications (email, phone, text, letter) must be conducted through the Purchasing Department. The Purchasing Department will coordinate responses to any inquiries, as necessary. If any vendor involved in a pending solicitation or bid violates this communication protocol, any submittals from the vendor may be rejected/disqualified at the discretion of the Purchasing Department.

K. 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.

L. The Successful Bidder shall be responsible for the removal of all waste and cleanness of all worksites.

M. 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.

N. 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.

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

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

Q. 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.

R. Must have a valid City of Salem business license, if required.

S. If an award is made for the item(s) and/or services requested, a notice of award will be made which will be posted for public review on the City of Salem Purchasing website under Current Bid Opportunities at https://www.salemva.gov/Bids.aspx or you may contact Purchasing directly at (540) 375-3063 to request a copy of the award notification.

III. QUALIFICATIONS REQUIRED:

The Successful Bidder must have a valid Virginia Business License.

mailto:lmbraxton@salemva.gov https://www.salemva.gov/Bids.aspx

IV. CONTRACT PERIOD

The contract shall begin and end as conditions deem necessary or more specifically from the beginning of mowing season (March 15) to the end of mowing season (November 15); a period of approximately nine (9) months. Due to the weather, supplemental mowing services may be necessary at contracted rates. City Horticulturist will be in communications with Contractor to determine if supplemental mowing services are needed. The term of the contract shall be for one season (2025), 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, removal of grass clippings from sidewalks/parking lots/paved areas/mulched areas, 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 and VOSHA 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 or during normal school session hours.

a. Elementary schools: Mon.-Fri.; dawn until 7:30 AM & 2:30 PM to dusk; Sat. dawn to dusk

b. Andrew Lewis Middle School: Mon.-Fri.; dawn until 8 AM & 3 PM to dusk; Sat. dawn to dusk

c. Salem High School: Mon.-Fri.; dawn until 8:30 AM & 3:30 PM to dusk; Sat. dawn to dusk

d. Sporting events/practices and other special events may conflict with these normal schedules.

Contractor to work with City to identify these conflicts and adjust schedule as necessary.

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 per week unless weather conditions require changing mowing frequency.

For example, once per week may not be necessary during the heat/drought of summer and may be reduced to every other week or as needed. 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 public. All care must be taken to avoid conflicts with the public and/or school session while servicing each area.

3. Failure to report any damages to City Schools property within 24 hours and/or timely remediation of damages. City will advise Contractor of remediation procedures. Costs incurred to remediate damages will be imposed upon Contractor.

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 VIII 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" from grade. Grass height growth a maximum of 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).

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

J. Site visits shall be coordinated by contacting City Horticulturist at 540-375-3039 or jaceaser@salemva.gov.

Contractor shall not show up to schools without approval.

Each Bidder should carefully read and review all documents!

VI. CONTRACT AWARD:

The resulting Contract will be awarded to the lowest responsible and responsive bidder whose bid, conforming to this Invitation to Bid, is most advantageous to the City, considering price and any other evaluation criteria set forth in the bid documents and 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).

mailto:jaceaser@salemva.gov

VIII. INVOICES:

Invoices for work performed shall be separated by school. Dates of work performed 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.

X. PROTESTS

Any Bidder who wishes to protest or object to any award made or other decisions Pursuant to this ITB may do so only in accordance with the provisions of Sections 2.2-4357, 4358, 4359, 4360, 4363, and 4364 of the Code of Virginia, and only if such is provided for in such Code section. Any such protest or objection must be in writing signed by a representative of the entity making the protest or objection and contain the information required by the applicable Code Sections set forth above. Such writing must be delivered to the City Manager within the required time period.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

ATTACHMENT A

BID FORM

DATED: FEBRUARY 12, 2025

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

The City reserves the right to award multiple Bidders or by the lowest responsible and responsive bidder overall (Total Bid Price) 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.

School Acreage Price per School (for one mowing visit)

East Elementary 4.79 $

West Elementary 3.93 $

GW Carver Elementary 1.72 $

South Elementary 3.40 $

Andrew Lewis Middle 2.28 $

Salem High 11.53 $

Total Bid Price (this is for one mowing visit for all schools)

27.65 $

ATTACHMENT B

LIST OF LOCATIONS & DETAILS

East Elementary 1765 Roanoke Blvd.

• All lawn areas in red. The area behind the north fence adjacent to the trailer park is partially maintained by the owners of the trailers. Typically, a few passes with a mower on the north side of the fence will blend-in with what they maintain;

however, it is technically City property and part of the bid area. The athletic field, detention pond, and scrub area along the east side adjacent to McDivitt Rd. to be maintained by others.

West Elementary 520 Bruffey St.

• All lawn areas in red. The athletic field to be maintained by others.

GW Carver Elementary 6 E. 4th St.

• All lawn areas in red. The athletic field to be maintained by others.

South Elementary 1600 Carolyn Rd.

• All lawn areas in red. The athletic field portion inside the fence and detention pond to be maintained by others.

Andrew Lewis Middle 616 S. College Ave.

• All lawn areas in red. The athletic field area within the track to be maintained by others.

Salem High 400 Spartan Dr.

• All lawn areas in red. The area just to the west of the track tends to hold water and may be tricky to mow. Trimmers may be necessary in that area depending upon site conditions. The detention pond, fenced in track, and athletic fields to maintained by others.

ATTACHMENT C

MAPS

Maps are included as separate PDF attachments and are incorporated herein

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ATTACHMENT D

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 # 2025-023