Pest Control Services.pdf

201 SOUTH MAIN STREET

EMPORIA, VIRGINIA 23847

Invitation for Bids Pest Control Services

Issue Date: Friday, January 17, 2025

Submission Due Date/Time: Friday, February 7, 2025 at 2:00PM

Issuing Agency: City of Emporia

201 S. Main Street

Emporia, Virginia 23847

Procurement Contact: Lori R. Jarratt, Assistant to the City Manager

Phone: 434.634.2815 (Direct)

E-mail: lori.jarratt@ci.emporia.va.us

The City of Emporia does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-

4343.1 or against an Offeror or Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

PO BOX 511, 201 SOUTH MAIN ST., EMPORIA, VA 23847 TELEPHONE: (434) 634 3332 FAX (434) 634 0003 Visit Our Website at: www.ci.emporia.va.us

Table of Contents

Purpose Competition Intended Bid Documents Term of Contract and Renewals Bidder’s Questions Submission of Bids Award of Contract Scope of Work Contractor Requirements General Terms and Conditions Virginia State Corporation Commission Proof of Authority to Transact Business in Virginia Pricing Schedule

Purpose

The purpose of this Invitation for Bid (IFB) is to solicit sealed bids from qualified companies to provide all labor, supervision, equipment, tools, materials, supplies, and incidentals necessary to perform preventive maintenance and on-call pest services in accordance with all applicable Federal, State and local laws and ordinances. The City of Emporia 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.

Competition Intended

It is the City’s intent that this Invitation for Bid (IFB) permits competition. It shall be the bidder’s responsibility to advise the Procurement Officer in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Procurement Officer no later than five (5) business days prior to the date set for bids to close.

Bid Documents

The Bid Documents for this solicitation consist of this Invitation, the Instructions to Bidders, the Scope of Work, all Addenda issued prior to the Bid Closing, and the Bid Form. All provisions of the Bid Documents and of the

Contract Documents shall apply to this solicitation, and submission of a Bid shall be the Bidder’s confirmation of the acceptance thereof and agreement to comply therewith.

Term of Contract and Renewals

Initial Term: The initial term of the Contract shall be for a period of one (1) year from date of full contract execution. Any work assigned but not completed shall survive the initial performance period until such time as the work is completed and accepted. The contract may be renewed at renewal and/or extension of contract.

Renewal of Contract: Automatic renewals are not permitted. The resulting contract may be renewed at the sole discretion of the City for a period of (4) four; one (1) year renewal periods under the terms and conditions of the original contract and upon written mutual agreement between both parties. Written notice of the intention of the

City to renew will be given approximately sixty (60) days prior to the expiration date of each contract period.

Extension: The city may extend the current term of an existing contract for services to allow completion of any work undertaken but not completed during the term of the contract for a period of eleven (11) months. No additional consideration exceeding the contracted price may be paid to the contractor.

Bidder’s Questions

Questions pertaining to this IFB must be submitted electronically no later than five (5) business days prior to the date set for the receipt of proposals to Lori Jarratt, Assistant to the City Manager, at lori.jarratt@ci.emporia.va.us.

Submission of Bids

1. Proposals must be sealed and can be mailed or hand delivered to Lori Jarratt, Assistant to the City

Manager, 201 S. Main Street, Emporia, Virginia 23847 by the date and time specified. Proposals may be delivered by USPS, UPS, FedEx, etc., however the city assumes no responsibility for misrouted documents, and will not consider them if they are received in the after the specified date and time deadline

• If mailed or hand delivered, the following information should be written on the outside of the submittal envelope or package:

o Title of Solicitation o Submittal Deadline Date and Time o Offeror’s Name

2. Proposals can be submitted electronically on eVA; however, bidders must be registered in eVA to do so.

The following are instructions for submitting an electronic proposal:

1. Go to www.eva.virginia.gov;

2. Click on “I sell to Virginia;”

3. Click on “eVA Supplier Training;” and

4. Click on “Viewing and Responding to Solicitations Video.

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA

Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

If the city closes its office due to inclement weather, scheduled receipt of proposals will be extended to the next business day, same time.

Award of Contract

The award will be made to a single bidder on a Grand Total basis, to the lowest responsive and responsible bidder(s) meeting the requirements of the solicitation. The City reserves the right to conduct any tests it may deem advisable and to make all evaluations. The City also 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 City to be in its best interest.

Scope of Work

Contractor shall furnish all labor, supervision, tools, equipment, travel, transportation, materials, and incidents to perform treatment and extermination services of all pests, in accordance with all EPA, Commonwealth of Virginia

DEQ, Joint Commission, NPCA pest control procedures and OSHA regulatory requirements. Indoor population of all species of ants, cockroaches, flies, rodents (e.g., mice and rats), stored products pests, spiders, millipedes, fruit flies, lady bugs, beetles, moths, bees, wasps, hornets, silverfish, and any other anthropoid pest not specifically excluded by contract. Also included are the parasites of man such as bed bugs, lice, fleas, and other mites.

As a general rule, rodent control inside occupied buildings should be accomplished with traps. All such devices need to be concealed and in protected areas so as not to be affected by routine cleaning and other operations.

Trapping devices should be checked on a schedule approved by the City of Emporia. The successful bidder shall be responsible for appropriate disposal of all trapped rodents and rodent carcasses in a timely manner.

Service employees shall check in and out with a designated representative during normal work hours. Work to be performed during non-work hours shall be coordinated with the City’s Facility Manager, or designated representatives, as required.

Service employees shall provide a clear and legible copy of the Contractor’s work order showing all work performed indicating thereon the date and time of arrival and departure at the facility for each employee. Work orders must be signed by the City’s designated representative. Copies shall accompany invoices for payment.

All services provided under this contract shall be by competent service technicians and be performed in a good workmanlike manner in accordance with the manufacturer’s recommended procedures.

Material Requirements:

The contractor shall provide all proposed materials and equipment for service [e.g., actual container labels and

Material Safety Data Sheets (MSDS)] for all chemical pesticides used, and the brand names of pesticide application equipment, rodent bait boxes, insect and rodent trapping devices, pest monitoring devices, pest surveillance and detection equipment, and any other pest control devices or equipment that might be used to meet the requirements of the resulting contract. Chemicals used in kitchen areas must be approved and safe for this use.

Timing of Service:

All regular scheduled service visits are to be performed during the normal operating hours of the facilities being serviced unless otherwise specified by the City of Emporia Facilities Manager or designee. The contractor will schedule to service each building on a set day each month (for example: the first Tuesday of every month) and will only notify the City of Emporia if the scheduled service must be moved due to emergency/extenuating circumstances.

Service Cycle: General areas of each facility are to be serviced not less than once each month. Callbacks shall be at the request of the City of Emporia Facilities Manager or designee only and shall be at no charge. All callbacks shall be serviced on the day of the request, or no later than the next working day. Failure to properly respond to calls may also constitute cause for termination of contract by the City.

In addition to regular scheduled services, occasional “call-back” of infestation (including but not limited to water bugs, stinging insects) may occur that require immediate attention. Vendor shall be on-site within 24-hours of the initial notification unless the call is placed after 4:00 PM in which case they must be onsite before noon the next day. Service for outbreak infestations will be charged a pre-determined hourly rate and actual cost of materials

(hereinafter referred to as Time and Materials). Infestation services shall follow the schedule below.

• Inspection service

• Treatment service

• Follow up two weeks after initial treatment, if evidence of pest is found a second treatment is completed

• Follow up two weeks after the first follow up, if evidence of pest is found a third treatment is completed and a consultation will be scheduled to determine the next course of action. If none are found, the treatment service will be considered complete.

• City of Emporia will not be responsible for the cost of follow-up inspections and treatment.

Locations:

Animal Control Shelter 1921 Sunnyside Road

(This facility will need to be serviced bi-weekly during April through September)

City Shop (Administration Building) 1921 Sunnyside Road

Water Treatment Plant (Office) 1521 Wiggins Road

Emporia Municipal Building 201 South Main Street

Emporia-Greensville Chamber of Commerce Building 400 Halifax Street

Emporia Police Department 310 Budd Street

Farmers’ Market 107 S. Main Street

Richardson Memorial Library 100 Spring Street

Wastewater Treatment Plant (Administration Building) 500 Tall Oaks Drive

Emergency Services Building 709 West Atlantic Street

Additional Information:

The City of Emporia’s normal business hours are from 8:00 am to 5:00 pm, Monday through Friday, excluding

State observed holidays. Emergency hours included all hours that are not Normal Business Hours.

Inclement Weather

In the event that inclement weather disrupts scheduled service, the vendor will be expected to complete service on the following business day or as soon as possible.

Contractor Requirements

The Contractor shall:

1. Have demonstrated experience in providing these services for at least five (5) consecutive years.

2. Be appropriately insured

3. Maintain all relevant certifications, licenses, and regulatory knowledge or training to perform the work required herein.

4. Possess a Class A Contractor License.

5. Provide pest control technicians who are properly trained and certified to handle all materials needed for the pest control services as described in this IFB.

Service Requirements:

Contractor shall create a work order that is to be left at each location at the completion of service to document the work performed including both routine and emergency services. The work order shall include a summary of the services performed, the date of service, and a contractor’s employee signature.

The contractor will provide unlimited call back service per location per month at no additional charge to the City of Emporia when previous treatment or regular service fails to control the pest specified herein and treated for.

The contractor shall provide clean-out services when a building is added to the contract to ensure all pests are eradicated prior to scheduling preventative maintenance services.

General Terms and Conditions

Bids/Proposals issued by the City will bind bidders/offerors to the applicable conditions in the General Terms and Conditions and Instructions to Bidders/Offerors unless otherwise specified in the solicitation and subject to applicable state, local, and federal laws.

Bidders/Offerors or their authorized representatives should inform themselves fully as to the conditions, requirements, and specifications of each city procurement before submitting bids/proposals. Failure to do so will be at the bidder/offeror’s own risk and relief cannot be secured on the plea of error.

Acceptance: The City has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and purchase order issued by the City of Emporia, VA. Unless specifically delegated by the City, no other City officer or employee is authorized to enter into purchase negotiations or contracts, or in any way obligate the government of the City of Emporia, VA for an indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the City shall not be bound thereby.

Addenda: Any and all changes will be made by addendum. All addenda issued will become part of the bid

Anti-Discrimination: By submitting their bids/proposals, Bidders/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, the Virginians with Disabilities Act, the Americans with Disabilities Act and Section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of

Virginia, §2.2-4343.1(E)).

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

A. During the performance of this contract, the vendor agrees as follows:

1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin or disabilities, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the vendor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the contractor has contracts over

$10,000.00.

2) The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such vendor is an equal opportunity employer.

3) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for meeting the requirements of this Section.

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

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.

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.

Assignment: Neither party shall assign or transfer this contract and/or purchase order without the prior written consent of the City, which may be withheld at the City’s sole and exclusive discretion.

Authorization to Conduct Business in the Commonwealth of Virginia: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

Any business entity described that enters into a contract with the city pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.

Availability of Funds: A contract shall be deemed in force only to the extent of availability of an annual appropriation by the City for the purchase of such goods and/or services. The City’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

Audit: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City of Emporia, Virginia, whichever is sooner. The agency, its authorized agents, and/or auditors shall have full access to and the right to examine any of said materials during said period.

Award:

Competitive Sealed Bids: Shall be awarded to the lowest responsive and responsible bidder. Evaluations will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. 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.

The right is reserved to make a separate award of each item, a group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the City. The award or awards will be made to the lowest responsive, responsible bidder or bidders as applicable.

Competitive Negotiation:

Non-Professional Services: Selections shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the agency shall select the offeror which, in its opinion, has made the best proposal, and shall award the contract to that offeror. The

City reserves the right to make multiple awards as a result of the solicitation. The City may cancel

Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous in accordance with the Code of Virginia, § 2.2-4359D. Should the City determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated.

Professional Services: The City shall engage in individual discussions with two or more offerors deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts. At the discussion stage the public body may discuss non-binding estimates of total project costs, including, but not limited to, life-cycle costing, and, where appropriate, non-binding estimates of price for services. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in the Request for

Proposals and all information developed in the selection process to this point, the purchasing agency shall select, in the order of preference, two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. The City reserves the right to make multiple awards as a result of this solicitation. Should the City determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.

Changes to the Contract: 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 of the from the City of Emporia.

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.

Conflict of Interest: The Bidder/Offeror certifies that to the best of his knowledge, no employee of the owner nor any member thereof, nor any public agency or official affected by the proposal, has a pecuniary interest in the business of the Offeror, and that no person associated with the Offeror has any interest that would conflict in any manner with the performance of the proposal.

Contractual Disputes: In the event that a different administrative claim resolution process is not provided in the solicitation, the following claim process shall apply. In the event of a contractual dispute, Consultant must submit a written notice of the dispute specifically entitled “notice of intent to file a claim” within ten (10) days of the occurrence on which the claim is based to the City Manager or designee. No more than thirty (30) days from the occurrence on which the claim is based, the Consultant must submit a written statement of the basis of the claim together with a proposed remedy and all supporting evidence of the claim to the City Manager or designee. The timely and complete filing of the notice and claim are a prerequisite to recovery by the

Consultant, and failure to follow the claim process stated herein shall operate as a conclusive waiver of the claim by the Consultant. Oral notice, the actual knowledge of a City employee or official, or an untimely or incomplete written notice and claim shall not be sufficient to satisfy the requirements of this provision.

The Consultant may not institute legal action prior to the receipt of a final written decision by the City

Manager or designee unless the City Manager or designee fails to render a decision within ninety (90) days of the submission of the claim. Failure of the City Manager or designee to render a decision within ninety (90) days shall be deemed a denial.

The decision of the City Manager or designee shall be final and conclusive unless the Firm within six (6) months of the date of the final decision on a claim, initiates legal action as provided in Section 2.2-4364 of the

Code of Virginia.

The parties’ contract and their performance obligations shall be governed, interpreted and enforced pursuant to the laws and regulations of, and in accordance with the laws of the Commonwealth of Virginia without regard to the conflicts of law principles thereof. The Consultant shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the City. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the City and the Consultant may otherwise agree in writing.

Debarment Status: By submitting their proposals, Offerors certify that they are not currently debarred from submitting bids/proposals on contracts by the Owner, nor are they an agent of any person or entity that is currently debarred from submitting bids or proposals on contracts by the Owner or any agency, public entity/locality or authority of the Commonwealth of Virginia.

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.

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 through Friday 8:00 am – 5:00 pm unless otherwise specified or prior approval for another period has been obtained.

Drug-Free Work Place: During performance of the contract, the contractor agrees to: (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

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.

Ethics In Public Contracting: This Contract incorporates by reference any applicable state or federal law related to ethics, conflicts of interest, or bribery, including the Virginia Conflict of Interests Act, the Virginia

Governmental Frauds Act, and the Virginia Code. Contractor certifies that its offer was made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or subcontractor in connection with this solicitation, and that it has not conferred on any public employee having official responsibility for this solicitation 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.

E-Verify Program: Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of

50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the

Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with any agency of the Commonwealth for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

Gifts By Offeror, Contractor or Subcontractor: No bidder, 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.

Immigration Reform and Control Act Of 1986: By submitting their proposals, offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

Indemnification: Contractor shall hold harmless and indemnify City and all of its officials, departments, agencies, agents, and employees from and against any and all claims, losses, damages, injuries, actions, or reasonable costs (including court costs and attorney’s fees), resulting from or arising out of its work required by the Contract Documents, including, but not limited to, the negligence, gross negligence, or willful misconduct of Contractor’s employees or agents.

Insurance: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the

Virginia State Corporation Commission

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the City of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of

Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the City is to be used in the contract. Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

For Professional Services: Professional Liability Insurance, which may be required to include errors and omissions coverage must be provided for the following:

Profession/Service Limits

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

Architecture $2,000,000 per occurrence, $6,000,000 aggregate

Asbestos Design/Inspection/Abatement $1,000,000 per occurrence, $3,000,000 aggregate

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

Landscape/Architecture $1,000,000 per occurrence, $1,000,000 aggregate

Legal $1,000,000 per occurrence, $5,000,000 aggregate

Professional Engineer $2,000,000 per occurrence, $6,000,000 aggregate

Surveying $1,000,000 per occurrence, $1,000,000 aggregate

Labeling of Hazardous Substances: If the items or products requested by this solicitation are “Hazardous

Substances” as defined by Article 3.1-250 of the Code of Virginia (1950), as amended, or Article 1261 of Title

15 of the United States Code, then the Bidder, by submitting his bid, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the forgoing sections and that by delivering the items or products the Bidder does not violate any of the prohibitions of Article 3.1-252 of the Code of Virginia or Title 15 U.SC., Article 1263.

Licenses and Permits: All firms having a business location or office in the City of Emporia, 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 (434) 634.5405.

The Contractor shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Contractor’s work which are legally required prior to and during the work, including software licenses or other intellectual property permissions unless otherwise specified by the City.

Mandatory use of Form and Terms and Conditions for IFB’s and RFP’s: Failure to submit a bid on the official 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 nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

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.

Method of Payment: Upon satisfactory delivery of the merchandise or satisfactory completion of the services, all invoices and statements shall be submitted to: City of Emporia, Finance Department, 201 South Main

Street, Emporia, Virginia 23847. 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.

No Contact Policy: No bidder/offeror shall initiate or otherwise have contact related to the solicitation with any

City representative or employee, other than the Purchasing Agent (or designee), after the date and time established for receipt of bids/proposals. Any contact initiated by a bidder/offeror with any Owner representative, other than the Purchasing Agent (or designee), concerning this solicitation is prohibited and may cause the disqualification of the Offeror from this procurement process.

Non-Discrimination: A bidder or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder employs ex-offenders unless the state agency, department or institution 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 public body 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.

Payment:

To Prime Contractor:

The city encourages contractors and subcontractors to accept electronic payment and, if applicable, credit card payment.

Invoices for services rendered shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract name and/or purchase order number;

social security number (for individual Contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

All services provided under this contract or individual purchase order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which City department is being billed.

The following shall be deemed the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt

Collection Act.

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

Virginia, § 2.2-4363 and -4364. Upon determining that invoiced charges are not reasonable, the City shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of

Virginia, § 2.2-4351. The provisions of this section do not relieve City of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

To Subcontractor:

A Contractor awarded a contract under this solicitation is hereby obligated:

1. To pay the subcontractor(s) within 7 days of the Consultant’s receipt of payment from the City for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

2. To notify the Finance Department and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

The Consultant is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Consultant that remain unpaid

7 days following receipt of payment from the City, except for amounts withheld as stated in (a)(2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier consultant performing under the primary contract. A Consultant’s obligation to pay interest to a subcontractor shall not be construed as an obligation of the City.

Price Adjustments: Increases to the agreed upon fees and/or cost for services or goods during the initial term of the contract shall be prohibited. Additionally, price increases for each renewal period cannot exceed the change of the Consumer Price Index (CPI), not seasonally adjusted for the latest twelve months, or five percent

(5%) annually, whichever is less.

Receipt and Opening of Bids/Proposals:

a. It is the responsibility of the bidder/proposer to assure that his/her bid/proposal is delivered to the place designated for receipt of bids/proposals and prior to the time set for receipt of bids/Proposals. Bids/Proposals received after the time designated for receipt of bids will not be considered.

b. Bids/Proposals will be opened at the time and place stated in the advertisement, and their contents will be made public for the information of bidders/proposers and others interested who may be present either in person or by a representative. The officer or agent of the owner, whose duty it is to open them, will decide when the specified time has arrived. No responsibility will be attached to any officer or agent for the premature opening of a proposal not properly addressed and identified.

c. All bids/proposals shall be submitted sealed with the name of the bid/proposal clearly marked on the outside of the envelope or package. Bids/Proposals received by the

Procurement Officer after the due date and time will not be accepted or considered.

Failure to return required documents and information specified herein may result in a determination that the proposal is non-responsive. Electronic transmittals (i.e. fax, email, etc.) will not be considered, unless specifically included in the instructions. All costs associated with preparing a proposal, including any mailing costs, are the

Offeror’s responsibility.

d. The provisions of Va. Code, § 2.2-4342, as amended, shall be applicable to the inspection of bids received.

d. Prices, when requested, shall be stated in units of quantity specified. No additional charges shall be passed on to the City, including sales tax, delivery charges or other surcharges. All deliveries shall be F.O.B. Destination.

e. In the event that the City is closed due to inclement weather and/or emergency situations prior to or at the time set aside for the published bid opening, the bid opening date will default to the next open business day at the same time.

Protest of Award or Decision to Award: Any bidder or offeror who desires to protest the award or decision to award a contract, by the City of Emporia, shall submit such protest in writing to the City

Manager no later than ten (10) days after public notice of the award or announcement of the decision to award, whichever comes first. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. The written protest shall include the basis for the protest and the relief sought.

The City Manager shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final unless the offeror appeals within ten (10) days of the written decision by instituting legal action. Nothing in this paragraph shall be construed to permit an offeror to challenge the validity of the terms or conditions of the solicitation.

Purchase Order: Additional terms and conditions may apply in the even the City issues a purchase order for this solicitation; up issuance of an Award.

Renewals: If additional terms are available, the City shall request to renew this Contractual Agreement in writing, no less than 90 days prior to the end of the initial term. Autorenewals or extending the term beyond the initial term without a written request shall not be permitted. Requests for price adjustments, in accordance with “Price Adjustments,” must be submitted to the City 60 days prior to the end of the then current term.

Safety Data Sheets: Safety Data Sheets and descriptive literature shall be provided with the bid for each chemical and/or compound offered. Failure on the part of the bidder to submit such data sheets may be cause for declaring the bid as nonresponsive/eliminated from further consideration.

State Corporation Commission Identification Number: In accordance with Va. Code § 2.2-4311.2 subsection B, a Bidder organized or authorized to transact business in the Commonwealth pursuant to Va.

Code, § 13.1 or § 50 is required to include in its bid the identification number issued to it by the State

Corporation Commission (SCC). Any Bidder that is not required to be authorized to transact business in the

Commonwealth as a foreign business entity under Title 13.1 or § 50 or as otherwise required by law shall include in its bid a statement describing why the Bidder is not required to be so authorized.

Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Va. Code, §13.1 and §50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the City’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the

Contractor as demonstrating compliance.

Substitutions: No substitutions or cancellations shall be permitted without prior written approval from the

City of Emporia Finance Department.

Tax-Exempt Status: Sales to the City of Emporia are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The City’s excise tax exemption number is 54-

600-1262.

If sales or deliveries against the contract are not exempt, the contractor shall be responsible for the payment of such taxes unless the tax law specifically imposes the tax upon the buying entity and prohibits the contractor from offering a tax-included price.

Termination of Contract:

The City may terminate the contract for cause or for convenience after giving 30 days’ notice in writing to the

Contractor. The written notice shall state whether the termination is for convenience or cause.

A. Termination for Cause: If the Contractor should breach the contract or fail to perform the services required by the contract, the City may terminate the contract for cause by giving written notice or may give the Contractor a stated period of time within which to remedy its breach of contract. If the

Contractor shall fail to remedy the breach within the time allotted by the City, the contract may be terminated by the City at any time thereafter upon written notice to the Contractor or, in the alternative, the City may give such extension of time to remedy the breach as the City determines to be in its best interest. The City’s forbearance by not terminating the contract because of a breach of contract shall not constitute a waiver of the City’s right to terminate, nor shall the City’s acquiescence in any future act or omission by the Contractor. If the contract is terminated for cause, breach of contract or failure to perform, the Contractor may be subject to a claim by the City for the costs and expenses incurred in securing a replacement Contractor to fulfill the obligations of the contract. In the event a Cure Notice is issued, the City will use the address provided to the City listed in the proposals. It shall be the Contractor’s responsibility to notify the City in writing within

10 days of knowing a change of address. The written notice shall include the City’s contract number and the effective date of the address change.

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

If the contract is terminated in whole or in part for the convenience of the City, the Contractor shall be entitled to those fees earned for work done prior to the notice of termination and thereafter shall be entitled to any fees earned for work not terminated, but shall not be entitled to lost profits for the portions of the contract which were terminated.

C. Delivery of Materials: Contract termination…