CITY OF RICHMOND

DEPARTMENT OF PROCUREMENT SERVICES

RICHMOND, VIRGINIA

(804) 646-5716

Thursday, July 2, 2026

Invitation For Bid No. 260015310 for Water Distribution System Improvements

Due Date & Time: Monday, August 3, 2026 2:00 pm

Request for Proposal Prepared by:

Name: Jen Worley

Title: Procurement Analyst

Telephone: (804) 646-5810

Email: jen.worley1@rva.gov

Department of Procurement Services https://www.rva.gov/index.php/procurement-services/solicitations

City of Richmond

Water Distribution System Improvements

1. STATEMENT OF WORK

1.1. Purpose

1.2. Statement of Work

1.3. Prequalification

1.4. Prevailing Wage Requirements Apply

2. GENERAL CONDITIONS OF THE CONTRACT

2.1. Definitions

2.2. City of Richmond Terms and Conditions

2.3. Instructions to Bidders

2.4. Award and Execution of Contract

2.5. Performance of the Contract

2.6. Control of the Contract

2.7. Payments

2.8. Remedies

2.9. Unit Price Contracts

2.10. Dispute Resolution

2.11. Prevailing Wage Rates

3. SPECIAL CONDITIONS OF THE CONTRACT

3.1. Bidder Not Debarred

3.2. Minority Business Participation

4. FORMS AND ATTACHMENTS

4.1. Pricing Proposal

4.2. Bidder Questionnaire

4.3. Attachments

Attachments:

A - SIGNATURE SHEET

#260015310 Title: Water Distribution System Improvements

B - STATEMENT OF NO OFFER

C - STATE CORPORATION COMMISSION FORM

D - CONSENT TO ACCEPT ELECTRONIC SIGNATURES

E - City of Richmond Bid Bond

F - City of Richmond Performance Bond

G - City of Richmond Labor and Material Payment Bond

H - Field Change Order Directive (FCOD)

I - Proposed Change Order Form (PCO Form)

J - Construction Change Order Summary

K - ACH-Direct Deposit Form

L - EDI Payment Agreement for Contractors

M - Construction Contractor Performance Evaluation

N - Affidavit of Payment and Claims

O - Minority Business Development Cover Letter

P - MBE-ESB - 1 PARTICIPATION COMMITMENT PREQUALIFICATION

FORM

Q - MBE-ESB - 2 PARTICIPATION FORM

R - Construction Contract - Example

S - myCOI Sample Certificate

T - IFB Installation of New Water Mains and Services Tech Specs_041426

U - IFB Installation of New Water Mains and Services BID Tab

Explanations_Modification_042026

V - RVA-26-0014

1. STATEMENT OF WORK

1.1. Purpose

The City of Richmond, Virginia (the “City”), on behalf of the Department of Public Utilities (“DPU”) seeks bids from qualified firms to provide general contracting services for the Water Distribution System

Improvements Project (the “Project”). The Project will entail installation of new water mains, services, hydrants, and facilities within the City's water distribution system (the “Work”). The Work will also include rock excavation, blasting, boring, cast and ductile iron joint replacement, trenching, and certain emergency services. Specific details regarding the nature and prosecution of the Work are provided below in the Statement of Work.

DPU expects to install 90,000 linear feet of water main per year. In addition to new construction, this

Project requires repairing active water mains and services.

1.2. Statement of Work

1.2.1. Project Location.

A. All construction Work will be inside Richmond City limits.

B. Some coordination may be required just outside of City limits, when a project may serve or impact our regional wholesale customers. The majority of this coordination will be handled by the city.

1.2.2. Drawings, Plans, and Technical Specifications.

A. Certain drawings (the "Drawings"), plans (the "Plans"), and technical specifications (the

“Specifications) are attached to this IFB and are incorporated herein by reference.

B. The Drawings, Plans, and Specifications contain full details governing the prosecution of the

Work.

C. By submitting its Bid, the Bidder acknowledges that it has reviewed the Drawings, Plans, and

Specifications, and agrees to be bound by the terms and conditions contained therein.

D. To the extent any term or condition, including defined terms, in the Drawings, Plans, or Specifications conflicts with those of the City, the City’s terms and conditions shall prevail.

E. All Work performed on this Project shall conform with and meet the latest requirements of the following authorities:

1. Department of Public Utilities Water Distribution System Design Guidelines and Standard

Specifications,

2. Virginia Occupational Safety and Health Standards for the Construction Industry, CFR, Title 29, Part 1926,

3. Department of Public Works Right-of-Way Excavation & Restoration manual,

4. DPW Standard Requirements for Repaving Utility Repairs,

5. VDOT Road and Bridge Specifications (current edition 2016),

6. VDOT Work Area Protection Manual,

7. the City or Richmond’s Procedure for Protecting City Trees and Utility Assets, and

8. all applicable DPU drawings pertaining to construction methods and operation.

1.2.3. Existing Utilities.

A. The location of existing utilities shown in the drawings was taken in part from records and in part from field surveys and may not be complete or represent the exact location of the existing utilities.

B. The City assumes no responsibility for the existence and/or location of any other utilities in the Work area.

C. It shall be the responsibility of the Contractor, to investigate and verify the existence and location of all utilities within the vicinity of the Work.

D The Contractor shall meet all the requirements of the Virginia Underground Utility Damage Prevention

Act.

E. The Contractor shall contact Miss Utility to have the proposed Work area utilities marked.

F. Utility identification and precautions, with the exception of test-hole excavation and repair, are considered incidental Work and will not be measured for payment.

1. The cost of any and all equipment and labor required for utility locating Operation shall be included in the unit prices bid for the various pay items of the Work.

1.2.4. Project Permit Responsibilities.

A. Railroad Right of Way.

1. Where necessary, the City will obtain all required permits for installations in railroad rights-of-way.

B. Blasting.

1. The Contractor shall be responsible for securing any and all required permits for blasting on the

Project.

C. The Contractor shall comply with all provisions of the permits.

1.2.5. Work Standards.

A. Project Work Hours

1. The Contractor will be authorized to perform Work only between 8:00 AM-4:30 PM EST, Monday thru Friday (“Normal Work Hours”).

a. All Work shall be performed in such a manner that will not conflict with or increase the normal five-day workweek of DPU.

b. At least 48 hours prior to starting Work, the Contractor shall provide written notice to the

Operations Manager or their designated representative’s attention.

2. Extraordinary noise, such as driving sheeting, shall only be permitted between 9:00AM-4:00PM

EST.

3. No Work is to be performed outside of Normal Work Hours unless authorized by the City in writing, in advance.

4. No Work is to be performed on the following Holidays:

a. New Year’s Day,

b. Memorial Day,

c. Independence Day,

d. Labor Day,

e. Thanksgiving Holidays (Thanksgiving Day and the day after Thanksgiving), and

f. Winter Holiday (Christmas Day).

B. If the presence of City personnel, other than the Inspector, is not required for the Work, then the

Contractor will be allowed to perform Work from 7:00 a.m. to 5:30 p.m. on Monday thru Friday, without written, advance notice.

C. If additional City personnel are required, a request through the Construction Inspector Principal shall be given 48 hours in advance.

1.2.6. Quality of Work.

The Contractor shall regard the apparent silence of the Contract Documents, as to any detail or apparent omission from them of a detailed description concerning any Work to be done and/or materials to be furnished, as meaning that only the best general practice is to prevail and that only materials and workmanship of the best quality are to be used.

1.2.7. Scope of Work.

A. The City reserves the right to add to or delete from this Scope of Work, once the Contractor has started the Project.

1. This Work will be paid under the appropriate pay items.

2. This Work must be done in the order directed by the Operations Manager or their designated representative.

3. In the event, the Operations Manager or their designated representative requires the Contractor to move off a Project before completion, the Contractor shall be paid the bid price for a "Move," which covers moving off and moving back to the Project.

4. Once the Project commences, the Contractor will continue Work on the Project until the Project is complete, unless the Contractor is directed to move by the Operations Manager or their designated representative.

B. Plans are furnished by the City to the Contractor with an appropriate material list.

1. The City shall supply and pay for all materials necessary for the completion of the Work specified herein and, on the Plans, except as otherwise expressly provided for in the Contract

Documents.

2. Unless otherwise specified, all materials shall be new.

C. The Contractor shall submit, to the assigned DPU Construction Inspector, within 72 hours of being placed into service:

1. two sets of as-built drawings for all water mains and services that are two (2”) inches and larger and

2. service tap records, with accurate measurements, for each small service less than two (2”) inches.

D. Project Work Orders will be awarded based on DPU’s engineered estimate of contract units.

1. The Contractor who provided the lowest Bid for the Project, based upon the estimate of unit and the unit contract prices, shall be given the first opportunity to perform the Work available under the ensuing Contract.

2. If the Contractor with the lowest Bid price, has all of their bid specified crews working, the City reserves the right to issue Work to the next lowest contractor.

3. When a Project Work Order is authorized, the Operations Manager or their designated representative, shall determine the required starting date.

a. The Contractor shall start Work assigned to them by the required starting date, even if the

Contractor has fewer crews working than stated in their Bid.

4. The Operations Manager or their designated representative may change start dates after a Project

Work Order has been issued, if other higher priority projects are required to be completed.

5. When the lowest bid Contractor for a Project Work Order has as many crews working as stated in their Bid and an additional Project Work Order is authorized, such Project Work Order may be assigned to the second lowest bid Contractor for starting as described in item above.

a. The City will offer the Project Work Order to the lowest bid Contractor first.

6. Failure to begin Work, as directed by the City, shall be considered a breach of contract, and the

Work shall be offered to the next lowest bid Contractor, in accordance with this Subsection D.

E. It is anticipated, although not guaranteed, that there will be sufficient Work to keep at least 18 normal crews continuously occupied (or nine per Contractor, if two Contractors are selected).

F. In the event Emergency Work is necessary on the Project, the City reserves the right to award to any

Contractor in a manner that is in the best interests of the City.

1. If time permits, the City will attempt to follow the procedures specified in Subsection D above.

G. No later than 8:15AM, prior to the beginning of each workday, the Contractor shall submit a daily location schedule that covers all Work.

1. Daily location schedules shall be legible, shall be sufficiently detailed, and shall be accurate to within one City block of the Work location.

a. They shall have at a minimum: date, crew number, foreman, location, and inspector.

H. Any work being performed and not included on the daily location schedule shall not be considered for payment, unless the crew was directed to move by the Operations Manager (or their designated representative).

I. The City of Richmond Contingency Price List will be made a part of the ensuing Contract.

1. These items will be used when additional equipment is required to complete the Work for which there is no Bid item to cover the equipment.

2. These pay items will not be used in the evaluation of each Project.

J. New Water Mains

1. The new mains and services may vary in nominal diameter size from 5/8-inch service lines to

42-inch transmission water mains.

2. New water mains will be:

a. ductile iron, or polyethylene as needed, for sizes greater than two inches and

b. copper, or polyethylene, for sizes two inches or less.

K. Mobilization

1. The Contractor shall furnish all equipment and labor necessary for the performance of construction preparatory operation, including but not limited to:

a. the movement of personnel, material and equipment to and from the project site;

b. the establishment of the Contractor's offices and storage and equipment areas;

c. the establishment of all markings, signs, traffic detours and controls; and

d. all other facilities necessary to perform the work as specified herein.

2. The City will not provide payment for Mobilization.

1.2.8. Implied Work.

A. The Contractor shall perform all Work and provide all materials that may fairly be implied as necessary to complete the Work.

1. Such Work and materials shall be included in the Contract, without additional compensation to the Contractor.

2. Incidental work may arise from the Contract, Work Orders, or as otherwise directed by the City.

3. Examples of Implied Work include: Service Installation Sketches, Pipe and Materials Handling, Restraint Harnesses, and Trench Stabilization.

B. The cost of any and all equipment and labor required shall be included in the unit prices bid for the various pay items of the Work.

1.2.9. Contractor Compliance and Qualification.

A. DPU will provide the Contractor with access to DPU’s GIS Maps.

B. The DPU Water Distribution System Design Guidelines and the DPU Standard Specifications and

Details may be found attached to this solicitation.

C. The Contractor will be notified when there are revisions to Drawings, Specifications, and Plans.

1. It is the Contractor’s responsibility to post all changes and train their personnel accordingly.

D. All penalties and fines imposed against the City, as the result of the Contractor’s violations of City, State, or Federal codes and regulations, will be the Contractor’s sole responsibility. T

1. The Contractor shall reimburse the City for all such fines paid by the City.

E. The Contractor shall use only competent and skilled personel for the performance of any and all Work on the water distribution system, as specified herein.

1.2.10. Inspection.

A. The Operations Manager shall have access to the Work at all times. The Contractor shall provide proper facilities for such access and for inspection.

1. The Operations Manager or their designated representative shall be present for all special testing or approval of all Work that is required by the Specifications, the Operations Manager instructions, laws, ordinances, or any public authority.

2. The Operations Manager, in order to be present, shall be given sufficient notice prior to any required testing or approval. The Contractor shall have no claim against the City for time or monies when sufficient notice, as described above, is not given to the Operations Manager.

B. The Operations Manager may require re-examination of any of the Work .

1. The Contractor shall provide all labor, material and equipment necessary to uncover the Work for re-examination.

a. If the Work is determined to be in accordance with the Contract Documents, then the City will pay the costs of re-examination and replacement.

b. If the Work is not in accordance with the Contract Documents, then the Contractor shall pay such costs.

C. Inspector(s) will be stationed at the Work site to report to the Operations Manager as to the progress of the Work, the manner in which it is being performed, and also to report whenever it appears that the work performed by the Contractor fails to meet the requirements of the Plans or Specifications.

D. If a dispute arises between the Inspector and the Contractor, regarding the materials furnished or to the manner of performing the Work, then the Inspector shall have the authority to reject the questionable materials or suspend work, until the issue can be referred to and a decision can be made by the Operations

Manager.

1. Inspectors may not revoke, alter, enlarge, relax or release any requirements of the Specifications.

Neither shall Inspectors issue instructions contrary to the Contract Documents.

2. In no event shall Inspectors act as foremen, perform duties for the Contractor, or otherwise interfere with the management of the Work by the Contractor.

E. The Operations Manager will make a final inspection of the Work as soon as possible, after notification from the Contractor that the Work is substantially complete and ready for inspection.

1. If any of the Work is not acceptable at the time of the inspection, the Operations Manager will advise the Contractor, in writing, as to the particular item(s) to be completed or corrected before the Work can be given final approval and final payment for the Work is approved.

1.2.11. Scheduling of Work.

A. DPU shall typically have control of the scheduling of the proposed Work.

B. The Contractor shall provide a schedule of the Work to the Operations Manager or their designated representative, prior to beginning the Work.

1. The schedule shall include street-by-street progression, milestones (dates) for the proposed progress, crew introduction and exit information, and other relevant information deemed necessary by the Operations Manager or their designated representative.

2. The Contractor shall place door hangers along the route of construction, prior to entering the area.

C. The Contractor shall notify DPU customers 48 hours in advance when interrupting the customer’s service for any necessary shutdowns of mains.

1. Notifications shall be performed via door hangers.

1.2.12. Contractor Crews.

A. The Contractor shall provide a sufficient number of crews to efficiently complete the Work for the duration of the Contract Period.

B. For the purposes of the ensuing Contract, the term "crew" shall be defined as:

1. a collective group of Contractor personnel, consisting at a minimum of a foreman, pipe-fitter, and laborer who are knowledgeable and able to perform a specific task or set of tasks.

2. The Contractor shall provide the Operations Manager or their designated representative with five working days’ notice, prior to introducing new crews to the Project.

3. The City reserves the right to limit the number of crews or request additional crews to complete the Work associated with the Project.

C. The Contractor shall provide a minimum of one fluent English-speaking crew member (preferably the foreman) for each crew assigned to the Project,

1. This person shall be present at the Work site at all times, without exception.

1.2.13. Required Work Not Covered by a Unit Cost.

A. Any required Work, that is not covered by a specific unit cost in the Bid Proposal, shall be paid at the hourly rate (force account) and must be submitted to and approved by the Operations Manager or their designated representative prior to performing the Work.

B. Any Work performed without prior, written approval from the Operations Manager or their designated representative will be performed at the sole expense of the Contractor.

C. Work that is considered incidental or implied will not be measured for payment.

1.2.14. Payment to Contractor.

A. The City will make monthly progress payments to the Contractor based on the Inspector's daily pay tickets that are approved by the Operations Manager (or designee) for Work completed.

B. The Contractor's payment shall be based on Work done for the past 30 day cyle.

C. The City will make payment to the Contractor within 30 days following the the approval of properly submitted invoices.

D. Progress payments shall in no way be considered acceptance of the Work, nor shall serve as a release of the Contractor's responsibility for Work completed prior to final acceptance.

E. All Work performed properly and according to the Contract Documents shall be warranted for a period of three years after final acceptance of the Project by the City.

1.3. Prequalification

This project has not been prequalified under the Code of the City of Richmond, Section 21-46. All interested bidders are encouraged to participate.

1.4. Prevailing Wage Requirements Apply

The Contract resulting from this Invitation for Bids requires the payment of prevailing wage rates. Please refer to Richmond City Code section 21-74 and Section 2.11 (“Prevailing Wage Rates”) of Part 2 –

General Conditions of this Invitation for Bids. For more information regarding prevailing wage requirements, please see https://doli.virginia.gov/prevailing-wage-law/ and https://www.rva.gov/procurement-services/prevailing-wage. In order to be eligible for this Contract, the

Bidder submitting a bid shall not be disqualified from bidding due to a violation of prevailing wage laws

(Va. Code section 2.2-4321.3(C); Richmond City Code section 21-74(C)(3)).

2. GENERAL CONDITIONS OF THE CONTRACT

2.1. Definitions

When used in these provisions or elsewhere in the Contract Documents, the following terms, or pronouns used in place of them, shall have the meaning ascribed to them in this section, unless it is apparent from the context that a different meaning is intended.

2.1.1. Architect or Engineer

Means an individual, firm, partnership, association, properly qualified person or the legally authorized representative(s), designated by the Owner, experienced in and legally qualified to practice the profession involved for the administration of the contract, inspections and testing. The term shall apply to the Owner when the Owner is acting as its own Architect or Engineer.

2.1.2. As Built Drawings

https://doli.virginia.gov/prevailing-wage-law/ https://www.rva.gov/procurement-services/prevailing-wage

Means reproducible drawings with all changes that have been made to the original construction drawings prior to the completion of the project.

2.1.3. Calendar Day

Means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays and

Holidays. The term “day” shall mean calendar day whether or not expressly identified.

2.1.4. Contract or Contract Document

Means the written agreement executed by the Owner and Contractor setting forth the obligations of the parties, including but not limited to performance of the work, furnishing of labor, equipment and materials, and the basis of payment. It shall include but not necessarily be limited to the Request for

Qualifications, Contractor’s Submittal, the Invitation for Bid, the Bid, the General Conditions of the

Contract, Special Provisions, Performance Bond, Payment Bond, Certificate of Insurance, Drawings, Specifications, Addenda, Minority Enterprise Business forms, written Change Orders, extra Work Orders, and Agreements required to complete the construction of the project, including authorized extensions thereof, in an acceptable manner, all of which constitute one instrument.

2.1.5. Contractor

Means any person, firm, association, joint venture, partnership or corporation that for a fixed price, commission, fee or percentage undertakes to bid upon, or accepts or offers to accept orders for performing or superintending in whole or in part the construction, demolition, removal, repair or improvement of any building or structure.

2.1.6. Field Order

Means an Architect or Engineer’s instructions to the Contractor issuing interpretation of the Contract

Documents, or ordering minor changes in the work not involving changes in the Contract time or Contract amount.

2.1.7. Minority Business

Minority business enterprise means a business at least fifty-one percent (51%) of which is owned and controlled or fifty-one percent (51%) minority-owned and operated by minority group members or, in case of a stock corporation, at least fifty-one percent (51%) of the stock which is owned and controlled by minority group members.

Minority group members means citizens of the United States who are Blacks, Hispanics, Asians, Indians, Eskimos or Aleuts.

Minority, in the context of construction contracts, means a minority that has been subjected to legally mandated racial segregation in Richmond.

Disadvantaged business means a small business that is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position within the economy because of social disadvantages.

2.1.8. Mistake

Means every type of error, clerical or otherwise.

2.1.9. Notice

Means all written notices, including demands, instructions, claims, approvals and disapprovals, required or authorized under the Contract Documents.

2.1.10. Notice To Proceed

Means the written instruments allowing the contractor to proceed with the development of submittals, ordering of materials and any other preparation required to adequately start the Work.

2.1.11. Operating and Maintenance Instructions

Means all documents specifically written or marked cut sheets for the project on all major components, bound or otherwise assembled in booklet form. Furnish for each major piece equipment operation instructions, maintenance procedures and parts list.

2.1.12. Owner

Means the City of Richmond, Virginia, acting by and through its authorized agent(s) or representative(s).

2.1.13. Performance Time

Means the length of time allowed for the execution of the Work, including any authorized time extensions. Performance time shall include all lead times for materials, submittal preparation and other administrative matters outside of bond issuance.

2.1.14. Plans

Means those drawings specifically referred to as such in the Contract Documents. Supplementary drawings issued after Contract Award showing changes in the work shall be binding upon the Contractor with the same force as the Plans.

2.1.15. Similar

Where the word "similar" appears on the drawings or specifications, it shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection with other parts of the work, and it shall be equal in quality and performance.

2.1.16. Subcontractor

Means a person, partnership or corporation to whom the Contractor, with written consent of the Owner, sublets part of the work. A Subcontractor has no contractual relationship with the Owner.

2.1.17. Substantial Completion

Means that the Work has progressed to the stage where the entire project, including mechanical, electrical, and equipment installations, can be occupied or used by the Owner for its intended purpose, and when any remaining work can be done without interfering with the Owner's use and formal instruction on all major equipment operation and maintenance, both verbal and written, along with as-built reproducible drawings have been given. The Owner will notify the Contractor, in writing, the date of substantial completion has been reached, based on the recommendation of the Architect or Engineer.

2.1.18. Work

Means everything express or implied required to be furnished and performed by the Contractor under the

Contract and shall include both Contract Work and Extra Work.

2.2. City of Richmond Terms and Conditions

2.2.1. Advertising Clause

It is understood and agreed that, in the event a contract is awarded for the supplies, equipment, or services included in this proposal, that no indications of such sales or services to the City of Richmond will be used in any way in product literature or advertising unless with written approval of the City of Richmond and only for bibliographical and curriculum vitae purposes.

2.2.2. Applicable Law and Courts

This solicitation and any resulting contract shall be governed in all respects by the laws of the City of

Richmond and any litigation with respect thereto shall be brought in the courts of the City. In performing the Work under the Contract, the Contractor shall comply with applicable Federal, State, and Local laws and regulations.

2.2.3. Assignment & Subcontracting

The Contractor shall not assign the Contract or any parts of the Contract without the prior written consent of the Owner nor shall the Contractor assign any monies due or to become due hereunder without the prior written consent of the Owner.

The Contract shall not be subcontracted without the prior approval of the City of Richmond.

2.2.4. Audit

The City reserves the right to audit all aspects of the Contract: the vendor’s financial capability and accounting system, basis for progress payments, compliance with applicable laws, as well as appropriate vendor records. The City further reserves the right to review, on demand and without notice, all files of any subcontractor employed by the Contractor to provide services or commodities under this Contract where payments by the City are based on records of time, salaries, materials or actual expenses. In cases where the vendor maintains multiple offices, records to be audited should be maintained locally or be deliverable to a location in the metro-Richmond area.

2.2.5. Authorized Signature

All bids must be signed in order to be considered. If the bidder is a firm or corporation, the bidder must show the title of the individual executing the bid and a resolution authorizing the individual to sign the bid and subsequent contract.

2.2.6. Availability of Funds

It is understood and agreed between parties to any agreement resulting from this proposal that the City shall be bound hereunder only to the extent of funds available or which may hereunder become available for the purposes of this Agreement.

It is further understood and agreed between the parties to any agreement resulting from this proposal that the City shall not be obligated to purchase or pay for insurance or services covered by this Agreement unless and until they are ordered, delivered, or performed for the City.

2.2.7. Award

The City of Richmond will make the award to the lowest responsive/responsible bidder. The Department of Procurement Services reserves the right to conduct any test it may deem advisable and to make all evaluations necessary. The City of Richmond also reserves the right to reject any or all bids/proposals, 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 of Richmond to be in its best interest. The City also reserves the right to award in whole or in part; to one vendor or multiple vendors, whichever is deemed to be most advantageous and in the best interest of the City.

2.2.8. Century Compliance

Hardware, software and firmware products, individually and in combination, shall be capable of processing dates that cross or span century boundaries with the correct system date, without human intervention, including leap year calculations and shall also provide correct results when moving forward or backward in time or century.

2.2.9. Contractor Accessibility

It is understood and agreed that in the event of equally qualified (and responsive) bidders for an award, the award shall be granted to the bidder with the greatest degree of accessibility to the City officials responsible for administering the Contract. (This policy shall not apply if specifically prohibited.)

2.2.10. Default

In case of default of the successful bidder, or it fails to deliver the supplies or services ordered by the time specified, the City, after due notice (verbal or in writing), may procure them from other sources and hold the bidder responsible for any excess cost occasioned thereby. This remedy shall be in addition to any other remedies available to the City.

2.2.11. Delivery

Time of proposed delivery shall be stated in number of calendar days. General terms such as "stock", "immediately", and "as soon as possible", may because for rejection. Unless otherwise specified, quote earliest delivery date as it may be considered a factor in making award.

2.2.12. Descriptive Literature

Bidder shall submit with its bid descriptive literature of equipment or supplies, which it proposes to furnish, if such articles are of a different manufacture than those specified herein. Should the description furnished in such literature differ from the specifications submitted by the City, and no mention is made to the contrary, it shall be construed to mean that the bidder proposes to furnish equipment or supplies in accordance with such description and not in accordance with the City's specifications, and its bid will be evaluated accordingly.

2.2.13. Drug Free Work Place

City Resolution No. 2000-R197-191 prohibits the City of Richmond from contracting with any vendor that fails to comply with this policy. The vendor by its signature hereto certifies that it has taken and shall continue to take appropriate and effective action to (1) educate its employees about the dangers of drug abuse in the workplace; (2) provide its employees with effective drug counseling, rehabilitation and employee assistance programs; (3) discipline employees who violate the requirement of a drug free workplace, and (4) minimize, to the greatest extent possible, the risks of drugs entering the workplace. The vendor is also prohibited from contracting with any other party that fails to comply with this policy.

Failure by a vendor or its subcontractor to comply with the provisions outlined above will be cause for termination of the contract.

2.2.14. Employment Discrimination

The City of Richmond prohibits employment discrimination by its contractors. In accordance with section 21-70 of the Richmond City Code, during the performance of every contract over $10,000, the contractor agrees as follows: (a) the Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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; (b) the Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer; (c) notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirement of this section. The Contractor will include the provisions of this section in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2.2.15. Ethics in Public Contracting

By submitting a Bid in response to this Invitation for Bids, the bidder certifies and warrants that (i) it has not violated any provisions of federal law, the Code of Virginia, the Richmond City Charter, or the

Richmond City Code (ii) its Bid is made without collusion or fraud, (iii) it has not offered or received any kickbacks or inducements from any other contractor, supplier, manufacturer or subcontractor in connection with its bid and (iv) it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. The bidder agrees that if such warranty is in any respect breached, such breach shall constitute a material breach of any contract that the City may award to it and it shall pay to the City the full price agreed by the City to be paid for the supplies, materials, equipment or services to be furnished under its bid.

2.2.16. Faith Based Organizations

The City of Richmond does not discriminate against faith-based organizations. By signing its bid, the bidder, if a faith-based organization, agrees that it understands the requirements of City Code §21-43 (Va.

Code § 2.2-4343.1).

2.2.17. Incorporation of Policies and Procedures

This solicitation is subject to the provisions of the Chapter 21 of the Code of the City of Richmond, the

Department of Procurement Services Policies and Procedures and the Virginia Public Procurement Act and any revisions thereof, which are hereby incorporated into this contract by reference. Copies of these documents may be viewed at the City of Richmond’s website (www.RichmondGov.com).

2.2.18. Indemnity

http://www.richmondgov.com/

The Vendor agrees to defend, save harmless and indemnify the City from and against any and all claims for damages against the City caused by the Vendor’s errors, omissions or negligent acts in the performance of this contract.

2.2.19. Informalities

The City reserves the right to waive any informality in bids. Bids making exceptions to terms and conditions included in this Invitation may be considered, but preference may be given to those who do not make such exceptions.

2.2.20. Invoicing

The Contractor shall submit invoices that include the following: unique invoice number; corresponding purchase order number; and, Contractor’s Federal Tax Identification Number (TIN). All invoices must be itemized and include sufficient detail to enable the City to ensure that the item was ordered and corresponds with the Contract price for the item. Failure to include the aforementioned information on the invoice may result in the invoice being rejected, returned, and unpaid. The Contractor shall submit the original invoice to either:

accountspayable@rva.gov or

City of Richmond

Accounts Payable

900 East Broad Street

Richmond, VA 23219

2.2.21. Insurance

The Contractor shall provide and keep in full force and effect during the performance of the contract the kinds and amounts of insurance prescribed in this paragraph, and shall comply with all other provisions of this paragraph. Such insurance shall be provided and kept in full force by insurance companies authorized to do business in the Commonwealth of Virginia and acceptable to the City. The Contractor shall pay all premiums and other costs of such insurance. It will be assumed that the consideration paid or to be paid to the Contractor for the performance of the contract includes the premiums and other costs of such insurance and that the City shall not be responsible therefor. Each insurance Policy and Certificate of Insurance shall be signed by duly authorized representatives of such insurance companies which shall be licensed to business in the Commonwealth of Virginia and shall be countersigned by duly authorized local agents of such companies. The certificates and evidence of coverage will be complete before the

City signs the contract.

All Certificates of Insurance shall show the Contract Number. The Contractor shall not be required to furnish the City with copies of the insurance contracts required by this paragraph unless requested from time to time by the Director of Procurement but the Contractor shall provide a Certificate of Insurance issued by such insurance companies in which the company shall irrevocably warrant that the insurance is provided to enable the Contractor to comply with and provide the required insurance provided. However, in no event shall the Insurance Contract be expanded to afford coverage which is greater than the maximum coverage approved for writing in the Commonwealth of Virginia., All insurance contracts and policies shall provide, or be endorsed to provide, (i) subrogation against the City shall be waived; (ii) the

City and its officers, employees, agents and volunteers shall be named as an additional insured, except for

Workers Compensation; (iii) coverage will not be canceled or modified by the insurer for non-payment of premiums without thirty (30) days prior notice to the City; (iv) the insolvency or bankruptcy of any of the insured shall not release the insurer from its obligation to satisfy claims otherwise within the coverage of such policies. The City reserves the right to require, without cause, insurance in greater amounts than those set out below in this paragraph on any Contract, provided notice of such requirements is given prior to final acceptance of the Bid. The insurance contract shall provide that the insolvency or bankruptcy of any of the insured shall not release the insurer from its obligation to satisfy claims otherwise within the coverage of such policies.

SCHEDULE OF INSURANCE COVERAGE

A. Commercial General Liability Insurance with a combined single limit of not less than $1,000,000 per occurrence.

B. Automobile Liability Insurance with a combined limit of not less than $1,000,000 per occurrence.

C. Statutory Workers’ Compensation and Employers’ Liability with the Alternate Employers

Endorsement WC 000301. If any employee of the Contractor is not subject to the provisions of the Virginia Worker's Compensation Act, the Contractor shall nevertheless insure payment of the same compensation to such employee as is provided for by the Virginia Worker's Compensation

Act.

D. Professional Errors and Omissions Insurance with limits of not less than $1,000,000 per occurrence. (Submit only if applicable.)

E. Other insurance as required based upon the nature of the contract.

All insurance contracts shall name the City as an additional insured.

Further, the Contractor shall assume the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any negligent act or omission or any willful misconduct on the part of the Contractor, its subcontractors, agents or employees under or in connection with the IFB or the performance of or failure to perform any work required by the IFB. The

Contractor shall save harmless and indemnify the City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to court costs and reasonable attorney’s fees, which either or both of them may suffer, pay or incur as the result of claims or suits do to, arising out of or in connection with any and all such damage, real or alleged, to the extent caused by the Vendor’s negligence or willful misconduct. The Contractor shall, upon written demand by the City, assume and defend at the Contractor’s sole expense any and all such suits or defense of claims.

All Certificates of Insurance shall show the Certificate Holder as:

City of Richmond C/O myCOI P.O. Box #501970

8710 Bash Street Indianapolis, IN 46256

2.2.22. Interchangeability of Terms

Where used in these solicitations the terms “bid” and “proposal” should be interpreted to have the same meaning unless the intent is clearly defined otherwise.

2.2.23. Licenses, Permits and Fees

The successful contractor shall be required to obtain all necessary permits and licenses required by federal, state and local regulations, laws ordinances or rules. All bids submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the City of Richmond or the Commonwealth of Virginia for the performance of this project.

2.2.24. Minority and Emerging Small Business Participation

It is the official goal of the City or Richmond to increase the dollar value of all contracts awarded to minority business enterprise and emerging small business (MBE/ESB) contractors and subcontractors to the highest level that is reasonably achievable for any particular field of contracting. To implement this policy, the City shall encourage minority participation through subcontracting and certain business development methods in contracting for services. Please submit the attached MBE/ESB Participation

Commitment Form, indicating the percentage of MBE/ESB participation you propose for this project.

2.2.25. MBE/ESB Reporting Requirement

Contract awardees are required to submit an MBE/ESB Monthly Compliance Report. This form must indicate all payments made to subcontractors during the period for which the City is being invoiced. You must also indicate on this form those subcontractors that are MBEs or ESBs. This form should be submitted directly to the Office of Minority Business Enterprise at City Hall. Vendors may call the

Office or Minority Business Enterprise at (804) 646-3985 for clarification on the City’s MBE/ESB participation or reporting requirements.

2.2.26. Mistakes in Bids

Bids may be withdrawn subject to all provisions and conditions for and outlined under City Code §21-

53. If a bid is withdrawn under authority of this section, the next lowest bidder shall be deemed to be the low bidder on the project.

2.2.27. Non-Discrimination

By entering into this Contract, the Contractor agrees to abide by the Civil Rights Act of 1964, the

American Disabilities Act of 1990, and City Code § 21-43. The City of Richmond does not discriminate against faith-based organizations.

2.2.28. Offset Clause

Pursuant to the Richmond City Charter, the City may withhold the payment of any claim or demand by any person, firm or corporation against the City until any delinquent indebtedness or other liability due the City from such person, firm or corporation shall first have been settled and adjusted.

2.2.29. Patents and Trademarks

By submission of bid, the bidder certifies that the merchandise to be furnished will not infringe any valid patent or trademark, and the successful bidder will, at its own expense, defend any and all actions or suits charging such infringement, and will save the City of Richmond, Virginia harmless in case of any such infringement.

2.2.30. Personnel

The personnel designated in the management summary for key positions shall not be changed except with the permission of the City. The City will only approve such change when, in its opinion, the substitute personnel have equal or greater qualifications and experience than those they replace.

2.2.31. Post Award

Following the selection and signing of a Contract, the Contract Specialist will notify those offerors whose proposals are not selected of the name of the selected offeror. Please keep in mind that it may take up to two months to award this Contract.

2.2.32. Public Inspection of Records

Public inspection of procurement documents shall be in accordance with City Code §21-5.

2.2.33. Property of Work

Any work resulting from the award of this Contract will become the sole property of the City of

Richmond. The successful offer shall not copyright any material or reports. And, upon request, the contracted vendor should turnover all work papers and related documents to the City.

2.2.34. Quantities

The quantities shown are estimates only and the city reserves the right to purchase only its requirements whatever the quantity may be, plus or minus, during the period specified.

2.2.35. Rejection of Bids

The City of Richmond reserves the right to reject any and all bids.

2.2.36. Samples

Samples of items, if requested, shall be furnished without charge, upon request within 10 days. Failure on the part of the bidder to pride such samples within the specified time frame or to comply with these instructions may be cause to consider the bid as non-responsive. If not destroyed and upon request at the time of submission, samples will be returned at the bidder’s expense.

2.2.37. Separate Invitations

Bid responses for separate bid invitations shall not be combined on the same form. Such bids may not be considered.

2.2.38. Travel Expenses

Travel expenses will be reimbursed at the prevailing City of Richmond rate(s). This will only be paid if another provision of this Contract allows for travel reimbursement.

2.2.39. Unit Pricing

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

2.2.40. Use of Brand Names

Where a brand or trade name appears in the specifications, it is understood that the brand or trade name referred to, or its approved equal, shall be furnished. If, however, the bidder proposes similar but not identical items, it must furnish full particulars. If no mention is made of any exceptions, it is assumed that it is bidding on the article mentioned and not an approved equal, and it will be required to deliver the exact article specified.

2.3. Instructions to Bidders

2.3.1. Receipt and Forms of Bid

The following required forms are to be completed and returned submitted with this bid package: the Bid

Form, Bid Security, MBE Forms.

To be considered, a bid must be submitted through the City’s e-Procurement Portal, OpenGov, on or before the time and date set forth on OpenGov for this Invitation for Bids. The City’s e-Procurement

Portal Clock is the official clock for the determination of all deadline dates and times. The City will not accept a bid that is late, regardless of any technical difficulties. Bidders submitting proposals should allow sufficient time for submission through OpenGov. The bidder shall not make any other distribution of bids.

However, materials or information received from a prospective contractor as result of a request by the

Contracting Officer shall not be considered a violation of this section.

Bids containing any conditions, omissions, unexplained deletions or alterations, or items not called for on the bid sheet may be rejected by the City as being incomplete or non-responsive.

2.3.2. Examination of Site and Drawings

Each bidder shall visit the site of the proposed Work and fully acquaint himself with conditions relating to construction and labor, so that he may fully understand the facilities, difficulties and restrictions attending the execution of the Work under the Contract.

The failure or omission of any bidder to receive or examine any form, instrument, addendum, or other document or to visit the site and acquaint himself with the conditions there existing, shall in no way relieve any bidder from the obligation with respect to his bid or to the Contract.