2024 Parking Garage Repairs_Project Manual.pdf

P R O J E C T M A N U A L

2024 PARKING GARAGE REPAIRS

ROANOKE, VIRGINIA

Invitation to Bid No. 24-01-83

Issue Date: January 24, 2024

Issued by:

Purchasing Division Stanley Wells, Senior Buyer

215 Church Avenue, S.W., Room 202 Roanoke, Virginia 24011

(540) 853-1574 Email: Stanley.wells@roanokeva.gov

Project: 2024 Parking Garage Repairs Table of Contents Rev. 5/5/17

CITY OF ROANOKE, VIRGINIA

TABLE OF CONTENTS

PROJECT MANUAL FOR

ROANOKE, VIRGINIA

ITB NO. 24-01-83

BIDDING DOCUMENTS

• Notice of Invitation to Bid

• Invitation to Bid

• Instructions to Bidders

• Revised Plan for Participation in Procurement Transactions in Public Procurement

Transactions Subject to the Virginia Public Procurement Act of Small, Minority-owned, Women-owned, and Service Disabled Veteran-owned Businesses.

• Bid Form

• Bid Bond

CONTRACT FORMS

• Escrow Agreement (if applicable)

• Sample Contract

• Contractor's Performance Bond

• Contractor's Labor and Material Payment Bond

• Certificate of Substantial Completion

• Affidavit of Payment of Claims

• Usage Status Form

• Certificate of Final Acceptance

GENERAL REQUIREMENTS

• General Conditions

• Supplemental General Conditions

TECHNICAL SPECIFICATIONS

City of Roanoke Specifications Section Description 01000 Special Conditions 01100 Hierarchy of Construction Documents 01270 Measurement and Payment 01350 Submittals 01500 Temporary Facilities 030100 Concrete Repairs 040100 Masonry Repairs 055000 Miscellaneous Metals 071816 Polyurethane – Methacrylate (PUMA) Membrane 079000 Expansion Joints 079200 Sealants 099100 High Performance Coatings 321723 Pavement Markings

NOTICE OF INVITATION TO BID

Sealed Bids for:

2024 PARKING GARAGE REPAIRS

ROANOKE, VIRGINIA

ITB NO. 24-01-83

This project is generally described as 2024 Parking Garage Repairs.

The required work will generally consist of waterproofing, expansion joint repair, concrete repair, stair landing slab replacement, soffit metal deck removal, guardrail replacement, masonry joint tuck-pointing, shear connector repair, stair infill repair, and associated work on seven City parking garages: Church Avenue, Center in the Square, Gainsboro, Tower, Campbell, Market, and Elmwood Park.

Bids, to be considered, must be received by the Due Date and Time, at or before 2:00 p.m., local time, on February 21, 2024. All Bids received by the Due Date and Time will be opened at the Open Date and Time, on February 21, 2024, at 3:00 p.m., local time and read via conference call using the call-in information listed in the Invitation to Bid.

Bids received after 2:00 p.m. will not be accepted or considered. The time of receipt shall be determined by the purchasing official who is to open the Bids. The ITB and related documents may be obtained from the City’s Vendor Self-Services system, https://VSS.roanokeva.gov.

Delivery Alert: Bidders are required to submit their bid by the due date and time via email to purchase@roanokeva.gov. Emails received after the due date and time will not be considered.

The email must include the ITB number and title and Company name in the subject line. All other references to delivery methods of the bid are not valid.

The Invitation to Bid, Instructions to Bidders, plans, specifications, the Contract, and other Contract Documents may be examined during business hours at the Office of the City Engineer, 215 Church Avenue, S.W., Room 350, Roanoke, Virginia 24011 (Phone: 540-853-2731).

Documents may be viewed and/or downloaded from the City of Roanoke Purchasing Division's Vendor Self Service system at https://vss.roanokeva.gov.

A non-mandatory pre-bid conference will be conducted via a Microsoft Teams Conference Call on February 7, 2024, at 10:00 a.m., local time.

Bids may not be withdrawn for a period of sixty (60) calendar days after the opening of bids unless the bid is substantially lower than the other bids because of a clerical error as defined in Section 2.2 - 4330, of the Code of Virginia (1950), as amended. Pursuant to Section 2.2 - 4330 (B)(1), the bidder shall give notice in writing and shall submit the original work papers with such notice to the City of its claim of right to withdraw the bid within two (2) business days after the opening of bids.

The City expressly reserves the right to cancel this ITB and/or reject any or all bids, to waive any informality or irregularity in the bids received, and to accept a bid which is deemed to be in the best interest of the City.

Date Stanley Wells Senior Buyer

01/24/2024

Project: 2024 Parking Garage Repairs Invitation to Bid

ITB# 24-01-83

5/1/2014

INVITATION TO BID

ROANOKE, VIRGINIA

ITB NO. 24-01-83

This project is generally described as 2024 Parking Garage Repairs.

The required work will generally consist of waterproofing, expansion joint repair, concrete repair, stair landing slab replacement, soffit metal deck removal, guardrail replacement, masonry joint tuck-pointing, shear connector repair, stair infill repair, and associated work on seven City parking garages: Church Avenue, Center in the Square, Gainsboro, Tower, Campbell, Market, and Elmwood Park.

Bids, to be considered must be received by the Due Date and Time, at or before 2:00 p.m., local time, on February 21, 2024. All Bids received by the Due Date and Time will be opened at the Open Date and Time, on February 21, 2024, at 3:00 p.m., local time, and read via conference call using the following call-in information:

Microsoft Teams meeting

Join on your computer, mobile app or room device Click here to join the meeting

Meeting ID: 291 006 040 499

Passcode: EtZQZp Download Teams | Join on the web

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The Instructions to Bidders, plans, specifications, the Contract, and other Contract Documents are incorporated herein by reference. Copies of these items may be examined during business hours at the Office of the City Engineer, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Room 350, Roanoke, Virginia 24011 (Phone: 540-853-2731). Bidders are cautioned to review bid documents thoroughly before submitting a bid.

Copies of the documents may be viewed and/or downloaded from the City of Roanoke Purchasing Division's Vendor Self Service system at https://vss.roanokeva.gov. If you have any problems accessing the documents, you may contact Purchasing at 540-853-2871 or

5/1/2014 stanley.wells@roanokeva.gov. The City will not be responsible for documents obtained from any other source.

All Contract Documents prepared and/or furnished by the City Engineer shall be the exclusive property of the City of Roanoke, Virginia, and shall not be used for any other project(s).

Each bidder is solely responsible for ensuring that such bidder has the current complete version of the Bid Documents prepared for the project, including any addenda issued by the City, before submitting a bid.

A non-mandatory pre-bid conference will be conducted via a Microsoft Teams Conference Call on February 7, 2024, at 10:00 a.m., using the following information:

PRE-BID CONFERENCE INFORMATION:

You are invited to a Microsoft Teams meeting.

When: February 7. 2024 at 10:00 AM Eastern Time (US and Canada)

Register in advance for this meeting:

https://teams.microsoft.com/registration/QvleS0C9Bk2j30StNCcNkg,mAq-Hoym- USOukSSLlqZ1g,HO2wNHSp9UKuGVECTE7adQ,o9uZNt3a_0-nF1YIBxJ3bQ,w3aPJHzLXEeQz1- A0KFZOw,7xvYLt-go0Cnu-FTEhpt7g?mode=read&tenantId=4b5ef942-bd40-4d06-a3df- 44ad34270d92&webinarRing=gcc

After registering, you will receive a confirmation email containing information about joining the meeting.

Bidders and all subcontractors are required to comply with all applicable city, state, and federal laws, ordinances, and regulations; and are required to be properly licensed under Sections 54.1-1100, et seq., Code of Virginia (1950), as amended. If applicable, Bidders shall deposit with their bid a Bid Security executed in the amount and form stipulated in the Instructions to Bidders.

The City expressly reserves the right to cancel this ITB and/or reject any or all bids, to waive any informality or irregularity in the bids received, and to accept a bid from the lowest responsive and responsible bidder which is deemed to be in the best interest of the City.

If an award of a contract is made, notice of the award, or the announcement of the decision to award, will be made by posting a notice of such award or announcement on the Purchasing Division’s Vendor Self-Service system at https://vss.roanokeva.gov.

To determine the lowest responsive and responsible bidder who may be awarded a Contract for the Work, the criteria set forth in or requested pursuant to the Instructions to Bidders or in the Bid Documents may be considered.

By submitting a bid, each bidder agrees that this is a solicitation of bids and each bidder agrees to be solely responsible for the cost or expense of its bid and the City shall have no responsibility for such costs or expenses.

If a certain brand, make, item or manufacturer is specifically and exclusively required or called for in the plans, specifications, or other contract documents, then that brand, make, item, or manufacturer shall be used unless otherwise agreed to by the City, in its sole discretion. Otherwise, an equivalent item can be requested as set forth in Section 10 of the Instructions to Bidders, or other Contract Documents.

5/1/2014

If the bid by the lowest responsive and responsible bidder exceeds available funds, the City reserves the right to negotiate with the apparent low bidder pursuant to Section 2.2-4318 of the Code of Virginia. The conditions and procedures under which such negotiation may be undertaken are set forth in Section 2.2-4318, and Section 14.3 of Instructions to Bidders. Any such negotiated Contract shall be subject to final approval by the City in its sole discretion.

Bids may not be withdrawn for a period of sixty (60) calendar days after the opening of bids unless the bid is substantially lower than the other bids because of a clerical error as defined in Section 2.2 - 4330, of the Code of Virginia (1950), as amended. Pursuant to Section 2.2 - 4330 (B)(1), the bidder shall give notice in writing and shall submit the original work papers with such notice to the City of its claim of right to withdraw the bid within two (2) business days after the opening of bids.

The successful bidder shall comply with the Code of Virginia nondiscrimination provisions of Section 2.2-4311 and the Drug-free workplace provisions of Section 2.2-4312.

Pursuant to Code of Virginia, Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith-based organizations.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Project: 2024 Parking Garage Repairs Instructions to Bidders ITB# 24-01-83 Rev. 11/1/18

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

SECTION 1. DEFINITIONS

SECTION 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

SECTION 3. CLARIFICATION AND ADDENDA

SECTION 4. TIME FOR COMPLETION

SECTION 5. CONTRACTORS' LICENSES, PERMITS, FEES, AND TAXES

SECTION 6. PREPARATION AND SUBMISSION OF BIDS

SECTION 7. RECEIPT AND OPENING OF BIDS

SECTION 8. BID SECURITY

SECTION 9. INTENT

SECTION 10. MATERIAL AND WORKMANSHIP

SECTION 11. STATEMENT OF QUALIFICATIONS

SECTION 12. ERRORS IN BIDS

SECTION 13. REJECTION OF BIDS

SECTION 14. ACCEPTANCE OF BIDS, EVALUATION OF BIDS, AWARD OF

CONTRACT, AND SECURITY REQUIREMENTS

SECTION 15. ETHICS IN PUBLIC CONTRACTING

SECTION 16. BID PACKAGE CHECKLIST

SECTION 17. PROTESTS

SECTION 18. MISCELLANEOUS

SECTION 19. NOT USED

INSTRUCTIONS TO BIDDERS

SECTION 1. DEFINITIONS

Definitions contained in Section 1 of the General Conditions are incorporated herein by reference. The bidder should refer to the General Conditions for definitions used in the Contract Documents. "Successful bidder" is defined as the bidder to whom the City makes an award.

SECTION 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

2.1 Each bidder is responsible for examining carefully the site of the Work and the Contract and Bid Documents relating to the Work. By submitting a bid, the bidder acknowledges and agrees that it has examined and considered the conditions to be encountered at and adjacent to the site, the character, quality, and quantities of work to be performed, the material to be furnished, other requirements of the Contract Documents, and to have waived any claim or objection based thereon. Claims as a result of failure to have done such examination will not be considered by the City. See Section 8 of the General Conditions entitled "Conditions at Site."

2.2 Each bidder shall promptly notify, in writing, the Purchasing Division of any ambiguity, inconsistency, or error which may be discovered upon examination of the Invitation to Bid, any Bid Documents, and/or any related documents.

SECTION 3. CLARIFICATION AND ADDENDA

3.1 Questions on Contract Documents: All questions about the meaning or intent of the

Contract Documents shall be directed to Stanley Wells, Senior Buyer via email at stanley.wells@roanokeva.gov. All questions must be submitted before 5:00 p.m., on February 9, 2024. Questions received after 5:00 pm on February 9, 2024 may not be answered. Bidders may only rely upon written addenda issued by the Purchasing Division and no other communication or interpretation, whether oral or written, shall have any effect or efficacy.

3.2 Addenda: Any changes, interpretations, or clarifications that may be made to the

Contract Documents will be in the form of an addendum. Receipt by the bidder of such addendum shall be acknowledged on the Bid Form. However, all bidders are solely responsible for making sure that they have received and reviewed any and all addenda that may have been issued for this Invitation to Bid.

3.3 Interpretation: All decisions made in good faith by the Purchasing Manager on the meaning or interpretation of the Contract Documents shall be final.

3.4 Bidders Responsibility: All bidders are responsible for ensuring that they have received and examined all bid documents, including all addenda, if any, that may have been issued before submitting their bid. The City is not responsible for any Invitation to Bid documents obtained from any source other than the City of Roanoke. If you have any questions, contact Stanley Wells, Senior Buyer, by phone at (540) 853-2871, or by email at stanley.wells@roanokeva.gov.

3.5 Quantities: Where the bid documents stipulate a unit price, the quantities of the work and material set forth in the bid form or on the plans approximately represent the work to be performed and material to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment shall be made to the Contractor only for the actual quantities of work performed or material furnished in accordance with the plans and specifications and it is understood that the quantities may be increased or decreased as provided in the General Conditions without in any way invalidating the bid prices.

SECTION 4. TIME FOR COMPLETION

4.1 Time for Completion: Unless otherwise stated or a specific time period is set forth on the Bid Form, each bidder shall indicate in the appropriate blank the number of consecutive calendar days required by such bidder to substantially complete the specified Work, with Final Acceptance to be achieved within thirty (30) consecutive calendar days thereafter. However, no such time period may exceed the number of consecutive calendar days set forth in the Bid Form.

4.2 Weather: The bidder, in preparing and submitting its bid, is required to take into consideration normal weather conditions. Normal weather means a range of weather conditions which might be anticipated, based on weather data for the past ten years.

Unusual weather is weather which could not be anticipated based on such data. Normal weather conditions shall be determined from the public historical records available from the National Weather Service. The data sheets to be used shall be for the locality or localities closest to the site of the Work. No additional compensation will be paid to the Contractor because of unusual weather conditions; however, an extension of time for unusual weather may be considered by the City as indicated in the General Conditions.

4.3 Liquidated Damages: The amount indicated on the Bid Form as liquidated damages as described in the General Conditions (Section 21) shall be due from and paid by the Contractor to the City and/or, in the City’s discretion, shall be withheld from the Contractor’s Request for Payment for each consecutive calendar day of delay in excess of the stated time required to complete the Work, unless modified by a Change Order.

SECTION 5. CONTRACTORS' LICENSES, PERMITS, FEES, AND TAXES

5.1 State License: Bidders and all subcontractors are required to comply with all applicable city, state, and federal laws, ordinances, and regulations, including, but not limited to, registration with the Virginia State Corporation Commission if required by law; and are required to be properly licensed prior to Award in accordance with Sections 54.1-1100, et seq., of the Code of Virginia, which presently requires one to be licensed as a "Class A Contractor" before submitting a bid of One Hundred Twenty Thousand Dollars ($120,000) or more; or to be licensed as a "Class B Contractor" before submitting a bid of Ten Thousand Dollars to One Hundred Twenty Thousand Dollars ($10,000 to $120,000); or to be licensed as a "Class C Contractor" before submitting a bid of One Thousand Dollars to Ten Thousand Dollars ($1,000 to $10,000). There are also cumulative total amounts which can require a certain class of license and bidders should check these requirements as well. (See also Section 7 of the General Conditions.)

5.2 Other Licenses, Permits, Fees, and Taxes:

a. Successful bidder is responsible for paying on time for all licenses, permits, fees, and taxes applicable to the project. Such charges and fees include, but are not limited to the applicable building permits, mechanical and electrical permits, hauling and dumping of material, and such bidder will have to possess a City business license and be responsible for paying City of Roanoke business license taxes, as applicable. See Section 3 of the General Conditions.

b. Right of Way Excavation Permit – Bidders are advised that all work within the public rights of way requires a Right of Way Excavation Permit from the City’s Department of Public Works and/or the City’s Department of Planning, Building and Development. The successful Bidder, at its cost, shall be responsible for obtaining such permit(s) and providing a separate Excavation Permit Bond(s) in accordance with the requirements of the City’s Right of Way Excavation and Restoration Standards, Revised July 1, 2013. Any such Bond(s) or other items are in addition to the Performance Security and Labor and Material Payment Security required for this Project.

5.3 Virginia State Corporation Commission: Each Bidder/Offeror who is a stock or nonstock corporation, limited liability company, business trust, or a limited partnership or other business entity shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law. Each such Bidder/Offeror shall include in its bid response/proposal response the Identification Number issued to it by the Virginia State Corporation Commission (SCC) and should list its business entity name as it is listed with the SCC. Any Bidder/Offeror that is not required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity as required by law shall include in its bid response/proposal response a statement describing why the Bidder/Offeror is not required to be so authorized. (See Va. Code Section 2.2-4311.2).

SECTION 6. PREPARATION AND SUBMISSION OF BIDS

6.1 Bid Form: Bids shall be submitted on the Bid Form furnished, or copy thereof, and shall be completed and signed in ink. A copy of the Bid Form is provided in these specifications for the information of bidders only. Except as may be otherwise stated, all blank spaces in the Bid Form should be filled in and no changes shall be made to the Bid Form. Erasures or other changes in a bid amount must be explained or noted over the initials of the bidder. Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the bid documents, or irregularities of any kind, may be rejected by the City as being incomplete and/or non-responsive.

6.2 Escrow: In accordance with Section 2.2 - 4334, of the Code of Virginia, for bids of

$200,000 or more for construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations, the Bid Form will include a space for the bidder to indicate an option to use the escrow account procedure in order to have retained funds paid to an escrow agent. Otherwise, unless stated in the Supplemental General Conditions, no escrow will be provided.

6.3 Signatures: Each bid must give the full business address of the bidder and be signed by bidder with its usual signature. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which they are incorporated and by the signature and designation of the president or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below each signature. A bid by a person who affixes to his signature the word "President," "Authorized Agent," or other designation without disclosing such principal firm or employer, may be held to be the bid of the individual signing. Satisfactory evidence of the authority of the president or authorized agent signing on behalf of the corporation shall be furnished upon request by the City.

6.4 Bid Amounts: Bidders shall indicate in the appropriate blank spaces on the Bid Form the amounts for the base bid and any alternates, written with ink or typed, in both words and figures. In the event of a discrepancy between the words and figures expressed in the base bid or alternates, the word amount shall govern. Any unit prices for separate items as called for on the Bid Form shall be written with ink or typed in figures in the appropriate blanks.

6.5 Bid Package Checklist: Bidders should include with their bid the documents or information set forth in the Bid Package Checklist. See Section 16.

SECTION 7. RECEIPT AND OPENING OF BIDS

7.1 Delivery of Bid: It is the responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered.

7.2 Receipt of Bid: The Bid Form, the Bid Security, and all other documents required to be submitted with the bid shall be submitted in an email sent to purchase@roanokeva.gov.

EMAIL SUBJECT SHALL INCLUDE: Bid Number: 24-01-83, 2024 Parking Garage

Repairs Due Date: February 21, 2024 and Time: 2:00 p.m.; Open Date: February 21, 2024 and Time 3:00 p.m.

7.3 Opening of Bid: Bids will be opened and read at the time and place stated in the Invitation to Bid. The contents may be made public in accordance with Section 2.2-4342 of the Code of Virginia. The officer or agent of the City, 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 bid not properly addressed and identified.

7.4 Withdrawing Bid: After the date of opening of bids, no bid may be withdrawn for at least sixty (60) calendar days after such opening date, except as provided in Section 12 of these Instructions to Bidders.

SECTION 8. BID SECURITY

Each bid of $100,000 or more must be accompanied by a Bid Security in an amount equal to five (5%) percent of the maximum possible bid price in accordance with Sections 2.2-4336 and 2.2-4338 of the Code of Virginia. The Bid Security shall be furnished in one of the following forms:

a. Bid Bond, in a form substantially similar to the one provided in the Contract Documents, made payable to the City of Roanoke and properly executed by the bidder as Principal and a Corporate Surety authorized to transact business in the Commonwealth of Virginia. Attorneys-in-fact who execute Bid Bonds must file with the bond a certified copy of their Power of Attorney.

b. Certified check, cashier’s check, or cash escrow deposited with the City of Roanoke

Treasurer in the face amount required for the Bid Security and made payable to the City of Roanoke.

c. Personal Bond or Letter of Credit issued by an authorized financial institution in the face amount required for the Bid Security, made payable to the City of Roanoke. These forms of security shall be submitted for review and must be approved by the City Attorney, in his/her sole discretion, at least three (3) business days prior to receipt of bids. Approval will be based upon a determination that the form of security offered will adequately protect the interests of the City as equivalent to a corporate surety's bond.

d. For return of Bid Security, see Sections 13 and 14 of these Instructions to Bidders.

SECTION 9. INTENT

9.1 Work Required: The City requires that the successful bidder perform a complete and satisfactory job in accordance with the Contract Documents.

9.2 Conflicts in Contract Documents: Anything called for by one of the Contract

Documents and not called for by the others shall be of like effect as if required or called for by all Contract Documents. In the case of conflict between the Contract Documents, the Contract Documents shall take precedence in the following order: The Contract Documents; addenda starting with the last issued addendum; the Supplemental General Conditions; the General Conditions; the Special Conditions; the specifications with attachments; and the drawings.

9.3 Work Not Described: All work not specifically described in the Contract Documents, yet required to produce a fully functional and properly operating project shall be provided even though every item or minor detail for the proper installation or successful operation of the entire Work is not mentioned in the Contract Documents.

9.4 Completion of Work: The successful bidder acknowledges and agrees that it has taken into account in its bid the requirements of the bid and Contract Documents, local conditions, availability of material, equipment, labor, and any other factors which may affect the performance of the Work. The successful bidder agrees and warrants that it will complete the Work not later than the time period or date indicated for completion.

SECTION 10. MATERIAL AND WORKMANSHIP

10.1 "Or Equal" Clause: The particular brand, make of material, device, or equipment described in the Contract Documents establishes a standard of required function, economy of operation, dimension, appearance, and quality to be met by any proposed substitution. No substitution will be considered unless a written request for approval has been submitted by the bidder and has been received by the City’s Purchasing Division via email to stanley.wells@roanokeva.gov before 5:00 p.m. on February 8, 2024. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data, and any other information necessary or required by the City Engineer for an evaluation. A statement setting forth any changes in other material, equipment, or work that incorporation of the substitute would require shall be included. The burden of proof of merit of the proposed substitute is upon the bidder.

10.2 Approval of Substitution: The City’s decision of approval or disapproval of a proposed substitution shall be in his sole discretion and shall be final. If the City approves any proposed substitution, such approval will be set forth in an addendum issued to all recorded bidders. Bidders shall not rely on approvals made in any other manner.

10.3 Adaptation Due to Substitution: The successful bidder shall be responsible for making all changes in the Work necessary to adapt and accommodate any equivalent product or item which it uses. The necessary changes shall be made at the successful bidder's sole expense.

SECTION 11. STATEMENT OF QUALIFICATIONS

Each bidder shall be prepared to submit evidence of qualifications, experience, and financial ability to perform the Work set forth in the Contract Documents, should such be required by the Contract Documents or requested by the City. Furthermore, each bidder must notify the Purchasing Division if bidder has been terminated from any contract or job in the last three (3) years and/or if bidder has been during the last three (3) years debarred from bidding on or performing any federal, state or local procurement or job. If so, bidder must supply details of such matters by separate written statements included with bidder’s response. Any bidder who is currently debarred will not be eligible to bid on this project.

SECTION 12. ERRORS IN BIDS

12.1 Withdrawal of Bid: A bidder may withdraw its bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and material used in the preparation of the bid sought to be withdrawn.

12.2 Withdrawal Procedure: The bidder shall give notice in writing and shall submit the original work papers with such notice to the City of its claim of right to withdraw its bid within two (2) business days after the conclusion of the opening of bids as set forth in Section 2.2 - 4330 (B)(1), of the Code of Virginia.

12.3 Withdrawal Requirements: Other applicable provisions of Section 2.2 - 4330 of the

Code of Virginia shall apply to any errors in bids or any requested withdrawal due to errors in bids.

SECTION 13. REJECTION OF BIDS

13.1 Rejection of Bids: The City reserves the right to cancel the Invitation to Bid, to reject any or all bids, to reject the bid of a bidder who is not in a position to perform the contract, or to waive any informalities in any bid.

13.2 Bid Security Return for Rejected Bids: The Bid Security will be returned to all rejected bidders after the City has issued and posted an Award.

13.3 Bid Security Return for Unsuccessful Bids: Should a bid not be accepted by the City within sixty (60) consecutive calendar days after the opening of bids, or within such other time specified in the Bid Documents, each bidder may obtain its Bid Security from the City.

SECTION 14. ACCEPTANCE OF BIDS, EVALUATION OF BIDS, AWARD OF CONTRACT,

AND SECURITY REQUIREMENTS

14.1 Acceptance of Bids: Each bidder should submit with its bid documentation the bidder's legal name and indicate the type of business entity bidder is operating under; i.e., if a corporation, bidder should enclose a copy of the Certificate of Incorporation issued by the State Corporation Commission; if a partnership, bidder should enclose a copy of the relevant portions of the Partnership Agreement; if a limited liability company, bidder should enclose a copy of the Certificate of Organization.

14.2 Evaluation and Award to Lowest Responsive and Responsible Bidder: To determine the lowest responsive and responsible bidder with respect to this bid, the following items, may be considered so as to protect the interest of the City:

a. The total base bid plus any alternates (aka - additive bid item) the City elects to accept, if any. The City reserves the right to accept alternates in any order or combination.

b. If a unit price contract is requested, the total amount based on the estimated quantities as set forth in the Bid Form will be considered. (The listed unit prices for each item will control and any mathematical errors may be adjusted by the Purchasing Division using the proper estimated quantities.)

c. The ability, capacity and skill of the bidder to perform the contract or provide the services and/or items required.

d. Whether the bidder can perform the contract promptly and within the time specified, without delay or interference.

e. The character, integrity, reputation, judgment, experience and efficiency of the bidder.

f. The quality of performance of previous contracts or services.

g. The previous and existing compliance by the bidder with laws and ordinances relating to the contract, purchase or service.

h. The equipment and facilities available to the bidder to perform the contract or provide the services and/or items.

i. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services and/or items.

j. The quality, availability and adaptability of the supplies, materials, equipment or services to the particular use required.

k. The ability of the bidder to provide future maintenance, parts and service for the use of the subject of the purchase or contract, if required.

l. Bids shall be evaluated based on the requirements set forth in this Invitation to Bid, and other criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, suitability for a particular purpose and life cycle cost. The City, in its sole discretion, may elect to waive an informality in any bid.

Should Contracts be awarded to a bidder, Contracts will be awarded to the lowest responsive and responsible bidder. If an award of Contracts is made, notice of the award, or the announcement of the decision to award, will be made in the City’s Self Service System, https://VSS.roanokeva.gov.

14.3 Negotiation of Bid: If the bid by the lowest responsive and responsible bidder exceeds available funds, the City reserves the right to negotiate with the apparent low bidder pursuant to Section 2.2-4318 of the Code of Virginia. The conditions and procedures under which such negotiation may be undertaken are that the appropriate City officials shall determine that the lowest responsive and responsible bid exceeds available funds and notify such bidder in writing of its desire to negotiate. Thereafter, negotiations with the apparent low bidder may be held to obtain a Contract within available funds involving discussions of reduction of quantity, quality, or other cost saving mechanisms. Any such negotiated Contract shall be subject to final approval of the City, in the sole discretion of the City.

14.4 Contract Execution: The successful bidder shall be required, within fourteen (14) consecutive calendar days after receipt of the Contract, to return the signed Contract, and furnish to the City all other documents as enumerated hereinafter:

a. Performance Security, for each contract (if applicable)

b. Labor and Material Payment Security, for each contract (if applicable)

c. Certificate of Insurance

d. Escrow Agreement (if applicable)

14.5 Security: A Performance Security and a Labor and Material Payment Security each in the amount of one hundred percent (100%) of the contract amount for all contracts in excess of One Hundred Thousand Dollars ($100,000) in accordance with Sections 2.2- 4337 and 2.2-4338 of the Code of Virginia, shall be furnished by the successful bidder in one of the following forms:

a. A Performance Bond and a Labor and Material Payment Bond, on forms as provided in the Contract Documents, made payable to the City of Roanoke, properly executed by the successful bidder as Principal and a Corporate Surety authorized to transact business in the Commonwealth of Virginia. Attorneys-in-fact who execute the bonds must file with each bond a certified copy of their Power of Attorney.

b. Certified checks, cashier’s check, or cash escrow in the face amount required for the Performance Security and the Labor and Material Payment Security each made payable to the City of Roanoke.

c. Personal Bond or Letter of Credit issued by an authorized financial institution in the face amount required for the Performance Security and the Labor and Material Payment Security, made payable to the City of Roanoke. These forms of security must be approved by the City Attorney, in his/her sole discretion.

Approval will be based upon a determination that the form of security offered will adequately protect the interests of the City as equivalent to a corporate surety's bond.

14.6 Escrow Agreement Form: In the event the Contract meets the requirements as stipulated in Section 6.2 of these Instructions to Bidders and the successful bidder elects to use the escrow account procedure, the Escrow Agreement Form, as provided in the Contract Documents, shall be executed and submitted to the City within fifteen (15) calendar days after receipt of written notification of bid acceptance. If the executed Escrow Agreement Form is not submitted within the fifteen-day period, the successful bidder shall forfeit and waive the rights to the use of the escrow account procedure.

14.7 Bid Security Return for Successful Bid: Upon the execution of the Contract

Documents and approval of the Performance and Payment Securities, the Bid Security shall be returned to the Successful Bidder. Should the Successful Bidder fail or refuse to execute the Contract Documents or furnish the required Performance and Payment

Securities within the stipulated time, the Bid Security shall be due and paid to the City and the City shall be entitled to collect the Bid Security. In addition, the City may pursue any and all other remedies available to it at law or in equity against said bidder.

SECTION 15. ETHICS IN PUBLIC CONTRACTING

The provisions, requirements, and prohibitions as contained in Sections 2.2 - 4367 through 2.2- 4377, of the Code of Virginia, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this project.

SECTION 16. BID PACKAGE CHECKLIST

The following items must be completed and included in your bid package. Failure to include all required forms may result in rejection of the bid. If any of these documents were not included with your Project Manual, please contact the Office of the Purchasing Division at (540) 853- 2871, or by email at stanley.wells@roanokeva.gov.

a. Completed Bid Form (all pages).

b. Properly Executed Bid Security (Bid Bond, Certified or Cashier’s Check, etc., if applicable).

SECTION 17. PROTESTS

Any bidder who wishes to protest or object to any award made or other decisions made pursuant to the Invitation to Bid may do so only in accordance with the provisions of Sections 2.2-4357, 2.2-4358, 2.2-4359, 2.2-4360, 2.2-4363, and 2.2-4364 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 Purchasing Manager within the required time period.

SECTION 18. MISCELLANEOUS

a. No bidder shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

b. The City may make investigations to determine the ability of the bidder to perform or supply the services or items as described in this Invitation to Bid. The City reserves the right to reject any bid if the bidder fails to satisfy the City that it is qualified to carry out the obligations of the proposed contract.

c. The successful bidder must comply with the nondiscrimination provisions of Section 2.2-

4311 of the Code of Virginia, which are incorporated herein by reference.

d. The successful bidder must comply with the drug-free workplace provisions of Section 2.2-4312 of the Code of Virginia, which are incorporated herein by reference.

e. It is the policy of the City of Roanoke to maximize and encourage participation by local, Small, Minority-Owned, Women-Owned, and Service Disabled Veteran-Owned businesses in all aspects of City contracting opportunities.

f. The successful bidder shall comply with all applicable City, State, and Federal laws, codes, provisions, and regulations.

g. Providers of any outside services shall be subject to the same conditions and requirements as the successful bidder in regards to law, code or regulation compliance.

The City reserves the right of approval for any subcontract work, including costs thereof.

h. This Invitation to Bid and all responses are subject to Section 2.2-4342 of the Code of

Virginia regarding public inspection of records and the procedures a bidder must follow to protect trade secrets and proprietary information and could also be subject to the Virginia Freedom of Information Act.

i. Conflict of Interests Act. The provisions, requirements and prohibitions as contained in

Sections 2.2-3100, et. seq. of the Code of Virginia are applicable to this Invitation to Bid.

j. The procurement provisions of the Code of the City of Roanoke (1979), as amended, Sections 23.2-1, et. seq., as well as the City Procurement Manual, apply to this Invitation to Bid, unless specifically modified herein. The City’s Procurement Manual can be reviewed at the Purchasing office.

k. Insurance. Successful bidder, and any of its subcontractors, shall, at its or their sole expense, obtain and maintain during the life of the resultant contract the insurance policies and bonds required. Any required insurance policies and bonds shall be effective prior to the beginning of any work or other performance by successful bidder, or any of its subcontractors, under any resultant contract. The policies and coverages required are those as may be referred to in the sample contract and/or the general conditions or other documents of this Invitation to Bid.

l. Each bidder is to notify in writing the Purchasing Division if any of bidder’s owners, officers, employees, or agents, or their immediate family members, is currently, or has been in the past year, an employee of the City of Roanoke or has any responsibility or authority with the City that might affect the procurement transaction or any claim resulting therefrom. If so, please provide the Purchasing Division with the complete name and address of each such person and their connection to the City of Roanoke.

Each bidder is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Code of Virginia, as set forth in this Invitation to Bid, apply to this Invitation to Bid.

Such information should be provided in writing before the bid opening date or may also be provided with the bid response.

SECTION 19. SUPPLEMENTAL INSTRUCTIONS AND/OR ADDITIONAL INFORMATION

FOR BIDDERS

These Supplemental Instructions to Bidders modify, change, and/or to the Instructions to Bidders as indicated below.

a. Bidders are advised that this ITB and any information or documents provided pursuant to this ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the bidder must comply with the provisions of those Acts to protect any documents the bidder may want protected from disclosure pursuant to the provisions of those Acts.

Project: 2024 Parking Garage Repairs

Adopted on October 3, 2016 by City Council on Resolution No. 40665-100316

Revised Plan for Participation in Public Procurement

Transactions Subject to the Virginia Public Procurement Act of Small, Minority-owned, Women-owned, and Service Disabled Veteran-owned Businesses

1. POLICY STATEMENT

It is the policy of the City of Roanoke to encourage participation by small businesses (“SB”), minority-owned businesses (“MB”), women-owned businesses (“WB”), and service disabled veteran-owned businesses (“SDVB”) in all aspects of City contracting opportunities. In order to demonstrate the City’s commitment to this policy, the provisions of this Plan shall apply to any contracts for goods or services with nongovernmental entities and covered by the Virginia Public Procurement Act.

2. DEFINITIONS

As used in this Plan, the following definitions shall apply:

Virginia Public Procurement Act (“VPPA”) means the provisions and requirements set forth in Sections 2.2-4300, et. seq., Code of Virginia (1950), as amended.

Small business (“SB”) means a business independently owned and controlled by one or more individuals who are citizens of the United States or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners shall control both the management and daily business operations of the small business.

Minority-owned business (“MB”) means a business that is at least 51% owned by one or more minority individuals who are citizens of the United States or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are citizens of the United States or legal residence aliens, and both the management and daily business operations are controlled by one or more individuals who are minority individuals. Minority individual means an individual who is a citizen of the United States or a legal resident alien and who is African American, Asian American, Hispanic American, or Native American, as these terms are further defined and described in Section 2.2-4310

(E) of the VPPA.

Women-owned business (“WB”) means a business that is at least 51% owned by one or more women who are citizens of the United States or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest is owned by one or more women who are citizens of the

United States or legal resident aliens, and both the management and daily business operations are controlled by one or more women.

Service disabled veteran-owned business (“SDVB”) means a business that is at least 51% owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both management and daily business operations are controlled by one or more individuals who are service disabled veterans. Service disabled veteran means a veteran who (i) served on active duty in the United States military ground, naval, or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.

3. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED

Every procurement contract subject to the VPPA and of over ten thousand dollars

($10,000.00) to which the City is a party shall contain the provisions of subparagraphs (a) and (b) herein:

(a) During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. 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.

3. Notices, advertisement 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.

(b) The contractor will include the provisions of the foregoing subparagraphs (a) (1), (2), and (3) in every subcontract or purchase order of over ten thousand dollars ($10,000), with regard to the contract with the City, so that the provisions will be binding upon each subcontractor or vendor.

4. VENDOR SELF SERVICE (“VSS”)

The City’s Purchasing Division manages the City’s VSS system, which allows businesses to register to do business with the City of Roanoke and receive notification of business opportunities via email. Businesses can register online through the City web site by the commodity description of the services they provide, and inform the City of any SB, MB, WB, and SDVB status for which they are certified.

The Purchasing Division will serve as the primary contact for businesses to request information, instruction, and training in the VSS system.

5. ALL PUBLIC PROCUREMENT CONTRACTS

In procuring goods and services for the City, all City employees shall follow the guidelines and mandates contained in the VPPA and in the City’s Purchasing Division’s Procurement Manual with regard to…