835448bldgVab.pdf

PROJECT MANUAL

FOR

THE CONSTRUCTION OF

CIP _________

DEPARTMENT OF PUBLIC WORKS

CITY OF VIRGINIA BEACH, VIRGINIA

BID NUMBER __________________

This Sheet Left Blank

PROJECT MANUAL

WASTE MANAGEMENT NEW ADMINISTRATION BUILDING

VIRGINIA BEACH, VIRGINIA

DATE: MARCH 27, 2026 (DRAFT)

PROJECT N0. 23092.12

OWNER

CITY OF VIRGINIA BEACH

ARCHITECT

HBA Architecture & Interior Design, Inc.

One Columbus Center, Suite 1000 Virginia Beach, VA 23462

(757) 490-9048

CIVIL ENGINEER

KIMLEY-HORN

4525 Main Street, Suite 1000, Virginia Beach, Virginia 23462

(757) 213-8600

STRUCTURAL ENGINEER

SPEIGHT, MARSHALL, FRANCIS

1228 Perimeter Parkway, Virginia Beach, Virginia 23454

(757) 427-1020

MECHANICAL AND ELECTRICAL ENGINEER

Pace Collaborative 1277 Perimeter Parkway Virginia Beach, Virginia 23454

(757) 499-7223

TABLE OF CONTENTS

CATEGORY PAGE NUMBER

BIDDING REQUIREMENTS AND CONDITIONS

Advertisement for Bid IV-1 through IV-2

City of Virginia Beach SWaM Certified-Small Business Participation Efforts (Forms CVAB-E2, CVAB-E, & Workforce) SWAM-1 through SWAM-3

Instructions to Bidders IB-1 through IB-7 Bid Submission/Contract P-1 through P-16

Questionnaire Q-1 through Q-4

AWARD AND EXECUTION OF THE CONTRACT

Instructions to Successful Bidder AW-1 Contract Performance Bond Contract Payment Bond Contractor’s Certificate of Insurance AW-7 City of Virginia Beach Public Works/Contracts General Conditions/Articles One through Five GC-1 through GC-35

TECHNICAL SPECIFICATIONS

Mandatory Specification:

Contractor Performance Evaluation Form CPE-1through CPE-7

SPECIAL INSTRUCTIONS TO BIDDERS / APPENDIX

Special Instructions to Bidders Appendix A Management of Contaminated Soils Appendix B Management of Contaminated Groundwater Appendix C Geotechnical Engineering Study Appendix D Stormwater Prevention Plan Appendix E Other Special Instructions to the Bidder Appendix F Bidder Instructions for Prequalification Questionnaire Appendix G

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(NIC)

(NIC)

WASTE MANAGEMENT NEW ADMINISTRATION BUILDING CIP: 23092.12

CITY OF VIRGINIA BEACH BID NUMBER:

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

Table of Contents TOC-1 through TOC-5

TECHNICAL SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary 011000-1 through 011000-2 012000 Price and Payment Procedures 012000-1 through 012000-4 012100 Allowances 012100-1 through 012100-2 012500 Unit Prices 012500-1 through 012500-2 012500 Substitution Procedures 012500-1 through 012500-3 013000 Administrative Requirements 013000-1 through 013000-15 013216 Construction Progress Schedule 013216-1 through 013216-2 014000 Quality Requirements 014000-1 through 014000-8 Statement and Schdule of Special Inspections 014200 References 014200-1 through 014200-8 015000 Temporary Facilities and Controls 015000-1 through 015000-7 Project Sign Template 016000 Product Requirements 016000-1 through 016000-5 017000 Execution and Closeout Requirements 017000-1 through 017000-10 017419 Construction Waste Management and Disposal 017419-1 through 017419-1 017823 Operation and Maintenance Data 017823-1 through 017823-5 017839 Project Record Documents 017839-1 through 017839-3

DIVISION 2 – (NOT USED)

DIVISION 3 - CONCRETE

033000 Cast-In-Place Concrete 033000-1 through 033000-16 034500 Precast Architectural Concrete 034500-1 through 034500-3

DIVISION 4 – MASONRY

042000 Unit Masonry 042000-1 through 042000-7

DIVISION 5 – METALS

051200 Structural Steel Framing 051200-1 through 051200-7 051200 Steel Joist Framing 051200-1 through 051200-3 053100 Steel Decking 053100-1 through 053100-4 054000 Cold-Formed Metal Framing 054000-1 through 054000-8 055133 Metal Ladders 055133-1 through 055133-2 055213 Pipe and Tube Railings 055213-1 through 055213-3

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DIVISION 6 – WOOD, PLASTICS AND COMPOSITES

061053 Miscellaneous Rough Carpentry 061053-1 through 061053-3 062600 Sheathing 061000-1 through 061000-2 064100 Architectural Wood Casework 064100-1 through 064100-5

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

071113 Bituminous Dampproofing 071113-1 through 071113-2 072100 Thermal Insulation 072100-1 through 072100-4 072700 Air Barriers 072700-1 through 072700-3 074213 Metal Wall Panels 074213-1 through 074213-3 074246 Cementitious Wall Panels 074246-1 through 074246-3 075400 Thermoplastic Membrane Roofing 075400-1 through 075400-5 076200 Sheet Metal Flashings and Trim 076200-1 through 076200-3 077100 Roof Specialties 077100-1 through 077100-2 077200 Roof Accessories 077200-1 through 077200-4 079005 Joint Sealers 079005-1 through 079005-7

DIVISION 08 – OPENINGS

081113 Hollow Metal Doors and Frames 081113-1 through 081113-4 081416 Flush Wood Doors 081416-1 through 081416-3 083100 Access Doors and Frames 083100-1 through 083100-2 084313 Aluminum-Framed Entrances and Storefronts 084313-1 through 084313-5 087100 Door Hardware 087100-1 through 087100-17 088000 Glazing 088000-1 through 088000-6

DIVISION 09 – FINISHES

092116 Gypsum Board Assemblies 092116-1 through 092116-4 093000 Tiling 093000-1 through 093000-5 095100 Acoustical Ceilings 095100-1 through 095110-3 096500 Resilient Base 096500-1 through 096500-2 096566 Resilient Rubber Flooring 096566-1 through 096566-3 096813 Tile Carpeting 096813-1 through 096813-2 097200 Wall Coverings 097200-1 through 097200-3 099113 Exterior Painting 099113-1 through 099113-3 099123 Interior Painting 099123-1 through 099123-4 099600 High-Performance Coatings 099600-1 through 099600-3

DIVISION 10 – SPECIALTIES

101419 Dimensional Letter Signage 101419-1 through 101419-3 101423 Panel Signage 101423-1 through 101423-2

102113.19 Plastic Toilet Compartments 102113.19-1 through 102113.19-4 102600 Wall and Door Protection 102600-1 through 102600-2 102800 Toilet Accessories 102800-1 through 102800-3

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105400 Fire Protection Specialties 105400-1 thrjough 105400-2

DIVISION 11 – (NOT USED)

DIVISION 12 – FURNINSHINGS

122400 Window Shades 122400-1 through 122400-3 123600 Countertops 123600-1 through 123600-3

DIVISIONS 13-21 – (NOT USED)

DIVISION 21 – FIRE SUPPRESSION

210517 Sleeves And Sleeve Seals for Fire- Suppression Piping 210517-1 through 210517-2 210518 Escutcheons for Fire-Suppression Piping 210518-1 through 210518-2 210553 Identification for Fire-Suppression Piping and Equipment 210553-1 through 210553-3 211313 Wet-Pipe Sprinkler Systems 211313-1 through 211313-10

DIVISION 22 - PLUMBING

220517 Sleeves and Sleeve Seals for Plumbing Piping 220517-1 through 220517-3 220518 Escutcheons for Plumbing Piping 220518-1 through 220518-1 220519 Meters And Gages for Plumbing Piping 220519-1 through 220519-5 220523 General-Duty Valves for Plumbing Piping 220523-1 through 220523-4 220529 Hangers and Supports for Plumbing Piping and Equipment 220529-1 through 220529-6 220553 Identification for Plumbing Piping and Equipment 220553-1 through 220553-3 220719 Plumbing Piping Insulation 220719-1 through 220719-14 221116 Domestic Water Piping 221116-1 through 221116-10 221119 Domestic Water Piping Specialties 221119-1 through 221119-5 221316 Sanitary Waste, Vent and Storm Drain Piping 221316-1 through 221316-7 221319 Sanitary Waste Piping Specialties 221319-1 through 221319-5 223300 Electric, Domestic-Water Heaters 223300-1 through 223300-5 224000 Plumbing Fixtures 224000-1 through 224000-5

DIVISION 23 - MECHANICAL

230000 Mechanical and Plumbing General Provisions 230000-1 through 230000-13 230500 Mechanical Basic Materials and Methods 230500-1 through 230500-4 230513 Common Motor and Controller Requirements for HVAC Equipment 230513-1 through 230513-4 230517 Sleeves And Sleeve Seals for HVAC Piping 230517-1 through 230517-2 230518 Escutcheons for HVAC Piping 230518-1 through 230518-1

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230523 General-Duty Valves for HVAC Piping 230523-1 through 230523-8 230529 Hangers And Supports for HVAC Piping and Equipment 230529-1 through 230529-6 230548 Vibration Controls for HVAC Piping and Equipment 230548-1 through 230548-7 230553 Identification for HVAC Piping And Equipment 230553-1 through 230553-4 230593 Testing, Adjusting, and Balancing for HVAC 230593-1 through 230593-9 230713 Duct Insulation 230713-1 through 230713-13 230719 HVAC Piping Insulation 230719-1 through 230719-16 230900 Instrumentation and Control for HVAC 230900-1 through 230900-9 232300 Refrigerant Piping 232300-1 through 232300-11 233113 Metal Ducts 233113-1 through 233113-10 233300 Air Duct Accessories 233300-1 through 233300-9 233400 HVAC Fans 233400-1 through 233400-4 233600 Air Terminal Units 233600-1 through 233600-4 233713 Diffusers, Registers, and Grilles 233713-1 through 233713-3

237416.13 Packaged, Large-Capacity, Rooftop

Air-Conditioning Units 237416.13-1 through 237416.13-10 238127 Ductless Split-System Air-Conditioners 238127-1 through 238127-8

DIVISIONS 24-25 – (NOT USED)

DIVISION 26 – ELECTRICAL

260500 Electrical General Provisions 260500-1 through 260500-7 260519 Low-Voltage Electrical Power Conductors and Cables 260519-1 through 260519-2 260526 Grounding And Bonding for Electrical Systems 260526-1 through 260526-3 260529 Hangers And Supports for Electrical Systems 260529-1 through 260529-3 260533 Raceways And Boxes for Electrical Systems 260533-1 through 260533-6 260544 Sleeves And Sleeve Seals for Electrical Raceways and Cabling 260544-1 through 260544-2 260553 Identification for Electrical Systems 260553-1 through 260553-4 260573 Overcurrent Protective Device Coordination Study 260573-1 trhough 260573-4 260923 Lighting Control Devices 260923-1 through 260923-2 262416 Panelboards 262416-1 through 262416-3 262726 Wiring Devices 262726-1 through 262726-3 262813 Fuses 262813-1 through 262813-2 262816 Enclosed Switches and Circuit Breaker 262816-1 through 262816-2 262900 Motors and Motor Control 262900-1 through 262900-3 263213 Engine Generators 263213-1 through 263213-8 263600 Transfer Switches 263600-1 through 263600-4 265100 Interior Lighting 265100-1 through 265100-3 265600 Exterior Lighting 265600-1 through 265600-4

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DIVISION 27 – COMMUNICATIONS

270528 Pathways for Communications Systems 270528-1 through 270528-2

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

283100 Addressable Fire Detection and Alarm System 283100-1 through 283100-14

DIVISION 29-30 – (NOT USED)

DIVISION 31 – EARTHWORK

312000 Earth Moving for Buildings 312000-1 through 312000-11 313116 Termite Control 313116-1 through 313116-2

END OF TABLE OF CONTENTS

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BIDDING REQUIREMENTS AND CONDITIONS

ADVERTISEMENT FOR BID

PROJECT_______________________________________________________________

CIP ____________________

CONSTRUCTION OF ____________________________________________________

CITY OF VIRGINIA BEACH, VIRGINIA, BID NUMBER _______________________

The City of Virginia Beach, Virginia, will receive sealed bids for the furnishing of all equipment, labor, and material and the performing of all work for the above-described project.

RECEIPT OF BIDS:

All bids must be time-stamped no later than _________ (local time), ______________ by the Office of the Purchasing Agent, in the Purchasing Division, 2401 Courthouse Drive, Building 1, 3rd Floor, Suite 3097, Virginia Beach, Virginia 23456. Bids time stamped 3:01 pm or later will not be considered and will be returned unopened to the prospective bidder. The remaining bids will be publicly opened and read aloud thereafter.

Questions regarding the referenced bid documents should be submitted to __________________at ___________@vbgov.com. The closing date for questions is _____________ by 3:00 PM.

Bid documents may be obtained on the City’s Supplier Portal at https://finance.virginiabeach.gov/purchasing/supplier-services.

The work includes______________________________________________________________________

A pre-bid conference will be held on___________________at _______________at the following location:______________________________________________________________________________

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https://finance.virginiabeach.gov/purchasing/supplier-s https://finance.virginiabeach.gov/purchasing/supplier-services https://vbgov.com

The procedure for withdrawal of a bid due to error shall be per Section 2.2-4330 (A) (i) of the 1950 Code of Virginia, as amended.

Small Business Enhancement Program This solicitation is subject to the requirements of the Small Business Enhancement Program (SBEP). As a matter of responsiveness, bidders that intend to subcontract work on the resulting project must commit at least fifty percent (50%) of the value of the subcontracted work to businesses certified as Small, Women-owned, and Minority-owned businesses (SWaM) by the Virginia Department of Small Business and Supplier Diversity; if the bidder is unable to meet the fifty percent (50%) subcontracting requirement, then the bidder must provide documentation showing, with specificity, good faith efforts undertaken to meet the fifty percent (50%) SWaM-certified subcontractor participation requirements. Reference Instructions to Bidders section, number 14 (4.b.) for City determination of the sufficiency of good faith participation efforts.

THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH-BASED

ORGANIZATIONS.

Bids delivered by U.S. Mail should be sent to:

City of Virginia Beach Purchasing Division 2401 Courthouse Drive Building 1, 3rd Floor, Suite 3097 Virginia Beach, Virginia 23456

If you are physically disabled or visually or hearing impaired and need assistance in obtaining or inspecting the bid documents, please call the Purchasing Agent’s Office at 385-4438. For hearing impaired, dial 711.

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INSTRUCTIONS TO BIDDERS

1. Modifications or Withdrawal of Bids Prior to Time of “Receipt of Bids”.

Modifications or withdrawal of bids filed with the Owner may be made only by a representative of the firm submitting the bid, who must appear in person prior to the time designated in the advertisement for receipt of bids. Such a representative must furnish satisfactory identification and proof that the representative is authorized to make changes. Telegraphic, telephonic, and digital communication notices will not be considered.

Additions and/or deletions marked on the outside of the bid’s envelope will not be considered.

2. Withdrawal of Bids After Bid Opening:

In accordance with Section 2.2-4330(A) (i) of the Code of Virginia, as amended, if the price bid was substantially lower than the other bids 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, as 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 materials used in the preparation of the bid sought to be withdrawn and provided further the bidder shall give notice in writing of its claim of right to withdraw two (2) business days after the conclusion of the bid opening procedure.

No bid may be withdrawn under this section when the result would be awarding of the contract on another bid to the same bidder or to another bidder in which the ownership of the withdrawing bidder is more than five percent.

If a bid is withdrawn under the authority of this section, the remaining bids shall be evaluated to determine the lowest responsive and responsible bidder.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material, or equipment, or labor to or perform any subcontract or under any other work agreement for the person or firm to whom awarded, or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

If withdrawal of any bid is denied, the bidder shall be notified in writing stating the reasons for this decision. Any bidder who desires to appeal a decision denying withdrawal of bid shall, as the sole remedy, institute legal action provided by Section 2.2-4358 and Section 2.2- 4364(B), Code of Virginia, 1950, as amended.

3. Bid Security:

In accordance with Va. Code 2.2-4337, any bid with a bid total above $500,000 shall include the bid bonds required by the aforementioned statute. Upon City Attorney approval in accordance with Section 2.2-4338, Code of Virginia, 1950, as amended, a bidder may furnish a personal bond, property bond, or bank or savings and loan association’s letter of credit on certain designated funds for the amount required for the bid bond. The bid bond shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the bidder that if the bid is accepted, the bidder shall execute the contract. The Owner shall hold the bid security of the three (3) lowest bidders until execution of the contract. All other bid security shall be returned within ninety

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(90) days after the opening of bids.

4. Certification and Licensing of Bidders:

Bidders are required under Chapter 11, Title 54.1, Code of Virginia, 1950, as amended, to show evidence of certification or licensing by the State Board For Contractors before any bid may be received and considered. Each bidder shall place on the outside of the envelope containing their bid, and in the bid over their signature the following notation: “Virginia Contractor License/Certification No _________, Class ________ . Upon issuance of notice of intent to award, the Contractor is required to provide a copy of their license with the bid, including their Virginia Contractor license, City of Virginia Beach business license, and their surety’s Virginia license to transact business in the State of Virginia. The license shall indicate that they are licensed by the State Board of Contractors to perform this type of work.

Chapter 5, Title 59.1, Code of Virginia, 1950, as amended, requires anyone transacting business in the State under an assumed or fictitious name to file a certificate of ownership with the Clerk’s Office of the Virginia Beach Circuit Court. Limited partnerships, limited liability companies, or corporations transacting business in the State under an assumed or fictitious name are required to also file a Certificate of Ownership with the Clerk of the State Corporation Commission.

5. Definition of Bid Documents:

Bid documents include the project manual and all references therein, project drawings, all addenda issued prior to bid date, City of Virginia Beach ordinance, as amended, entitled “Erosion, Sedimentation Control, and Tree Protection”, and the latest editions of the Virginia Soil and Water Conservation Commission “Virginia Erosion and Sediment Control Handbook”, the “Manual of Uniform Traffic Control Devices” published by the U.S. Department of Transportation, Federal Highway Administration.

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Enumeration of Bid Documents

Project Manual for the Construction of ______________________________________________________

CIP__________

Department of Public Works City of Virginia Beach, Virginia Bid Number_________

Project Drawings:

Sheet No. Title Date

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Waste Management New

Administration Building LOD - 1 List of Drawings

LIST OF DRAWINGS

GENERAL

G000 – COVER SHEET

G001 – LEGENDS AND ABBREVIATIONS

G101 – CODE COMPLIANCE PLAN

CIVIL

CA001 – COVER SHEET

CA002 – GENERAL NOTES

CA003 – GENERAL NOTES

CA004 – GENERAL NOTES

CA005 – CITY OF VIRGINIA BEACH NOTES

SV101 – TOPOGRAPHY SURVEY

SV102 – EXISTING CONDITIONS

CE101 – DEMOLITION AND EROSION AND SEDIMENT CONTROL PLAN

CE501 – EROSION AND DESIMENT CONTROL NARRATIVE

CE502 – EROSION AND DESIMENT CONTROL DETAILS

CS101 – SITE AND PAVING PLAN

CS501 – SITE DETAILS

CG101 – GRADING AND DRAINAGE PLAN

CU101 – UTILITY PLAN

CU501 – UTILITY DETAILS

CU502 – UTILITY PROFILES

CL101 – LANDSCAPE PLAN

CL501 – LANDSCAPE DETAILS

STRUCTURAL

S001 – STRUCTURAL NOTES

S002 – STRUCTURAL NOTES AND ABBREVIATIONS

S100 – PLAN NOTES AND LEGENDS

S101 – DIMENSION PLAN

S111 – FOUNDATION PLAN

S121 – FRAMING PLANS

S201 – FRAMING ELEVATIONS AND DETAILS

S301 – FOUNDATION SECTIONS

S311 – FRAMING SECTIONS

S501 – TYPICAL DETAILS

S502 – TYPICAL DETAILS

S503 – TYPICAL DETAILS

S511 – TYPICAL DETAILS

S512 – TYPICAL DETAILS

LOD - 2 List of Drawings

ARCHITECTURAL

A101 – FLOOR PLAN

A102 – ROOF PLAN

A103 – REFLECTED CEILING PLAN

A201 – ELEVATIONS

A301 – WALL SECTIONS

A302 – WALL SECTIONS

A401 – ENLARGED FLOOR PLANS

A402 – ENLARGED RAMP PLANS, SECTIONS, & DETAILS

A501 – ROOF DETAILS

A502 – DETAILS

A601 – DOOR SCHEDULE & DETAILS

A602 – STOREFRONT ELEVATIONS & DETAILS

A701 – CASEWORK ELEVATIONS

INTERIORS

I101 – FIRST FLOOR FINISH PLAN

I102 – SIGNAGE TYPES AND TRANSITION DETAILS

PLUMBING

P001 – LEGENDS, NOTES, AND ABBREVIATIONS

P002 – FIXTURE PLATES

P003 – FIXTURE PLATES

P004 – DETAILS

P101 – FIRST FLOOR PLAN

P102 – ROOF PLAN

P401 – ENLARGED PLANS

P601 – RISER DIAGRAMS

MECHANICAL

M001 – LEGEND, NOTES & ABBREVIATIONS

M101 – FIRST FLOOR DUCTWORK PLAN

M102 – ROOF PLAN

M501 – DETAILS

M502 – DETAILS

M503 – DETAILS

M601 – SCHEDULES

M701 – CONTROLS

M702 – CONTROLS

M703 – CONTROLS

M704 – CONTROLS

M705 – CONTROLS

LOD - 3 List of Drawings

ELECTRICAL

E001 – NOTES

E002 – LEGENDS AND ABBREVIATIONS

E003 – ELECTRICAL NEW WORK SITE PLAN

E101 – FIRST FLOOR LIGHTING PLAN

E201 – FIRST FLOOR POWER PLAN

E202 – ROOF POWER PLAN

E301 – FIRST FLOOR SPECIAL SYSTEMS PLAN

E501 – DETAILS

E502 – DETAILS

E503 – DETAILS

E504 – DETAILS

E505 – DETAILS

E601 – RISER DIAGRAMS

E701 – SCHEDULES

E702 – SCHEDULES

ED001 – ELECTRICAL DEMOLITION SITE PLAN

END LIST OF DRAWINGS

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6. Bidders Representation:

Each bidder, by making its bid represents that:

6.1. They have read and understand the bidding documents, and their bid is made in accordance therewith.

6.2. They have visited the site and have familiarized themself with the local conditions under which the work is to be performed.

6.3. Their bid is based upon the materials, systems, and equipment that meet or exceed those described in the bidding documents.

7. Bid Submissions:

7.1. Bid Submissions must be made in strict accordance with the “Bid Submissions/Contract” form provided (Page P-1). All blank spaces for bids and unit prices shall be properly filled in without any lineations, alterations, or erasures. Each Bid Submissions must be signed in writing with the full name and address of the bidder; if a joint venture, a member of the firm with the name in full of each member, and if a corporation, by an officer of corporation, in corporate name with corporate seal to such signature. Bid Submissions shall be addressed as in Advertisement for Bid and shall be delivered enclosed in an opaque, sealed envelope marked “Bid Submissions” bearing title of work, name of bidder, bidder’s license/registration number, and bid number.

7.2. Electronic Signatures: In lieu of a handwritten signature and notarization, the Bidder may execute the “Bid Proposal/Contract” form using a verified electronic signature applied through DocuSign. When a proposal is executed using such an electronic signature, no notarization shall be required, and the electronic signature shall be deemed legally binding and fully enforceable for all purposes under this section. All other requirements of this section, including completion of all bid tabulations and unit prices, shall remain in full force and effect.

8. Bulletins, Addenda, and Interpretation:

Should bidder find discrepancies and/or ambiguities in or omissions from the bidding documents, or should they be in doubt as to their meaning, they should at once notify the Owner in writing, who will provide clarification in the form of an addendum to all known bidders. Prior to submitting a bid, it shall be bidder’s responsibility to make inquiry as to addenda issued.

All questions relative to the bid documents must be submitted at least ten (10) calendar days prior to the date of bid opening to ensure distribution of information in the form of an addendum, to all interested parties. After the close of business ten calendar days prior to the date of bid opening, no questions, clarifications, or interpretation of bidding documents will be considered until after bids are opened.

9. Questionnaire:

The three (3) lowest bidders may be required to complete and submit the questionnaire attached hereto following, if requested by the Owner, within ten (10) calendar days after receipt of said request. All questions thereon shall be answered fully.

10. Gifts by Bidder, Contractors, or Subcontractors:

No bidder, offeror, contractor, subcontractor, supplier, vendor, or material manufacturer shall confer upon the City of Virginia Beach employee having official responsibility for a procurement transaction

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any payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value is exchanged.

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11. Kickbacks:

No contractor or subcontractor shall demand or receive from any of its suppliers or its subcontractors, as an inducement for the award of a subcontractor or order, any payment, loan, subscription, advance deposit of money, services, or anything present or promised, unless consideration of substantially equal or greater value is exchanged.

No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. No person shall demand or receive any payment, loan subscription, advanced deposit of money, services, or anything of value in return for an agreement not to compete on a public contract.

If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the Owner and will be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties.

12. Minority-Owned Business Classification The Bidder shall indicate in the space provided on the bid proposal form whether the Bidder is a minority.

13. SWaM Certified-Small Business Participation Efforts:

13.1. It is the policy of the City of Virginia Beach to encourage the equitable participation of vendors in City Contracting. To encourage contracting with minority-owned vendors, the City Council adopted a 12% minority contracting aspirational goal. To encourage contracting with woman-owned, minority-owned, service-disabled veteran-owned businesses, and small businesses, the City Council adopted the Small Business Enhancement Program, which was most recently updated on April 22, 2014. See City Code §2-224.1, et seq.

13.2. For purposes of this subsection, the definitions used shall have the meanings provided by City Code § 2-224.1. Of particular importance, “SWaM-certified Small Business” means a business that has been certified by the Virginia Department of Small Business and Supplier Diversity.

“Good Faith Participation Efforts” means the sum total of efforts by a particular bidder to provide for the equitable participation of SWaM-certified Small Business subcontractors in response to a City procurement.

13.3. Outreach. Bidders are strongly encouraged to ask for an outreach list on any bid sought by the City. Such a list will provide the SWaM-certified Small Businesses in the relevant industry sectors located within 50 miles of the City. Additionally, if a pre-bid meeting is held, the staff of the SWaM Business Office will provide resources for locating SWaM-certified Small Businesses.

13.4. Required Submittals:

.1 Annually, bidders are required to file a “Prime Contractor Workforce Composition Form.” If this is not provided with the bid, Purchasing may waive this requirement as an informality and obtain such during the bid validation period.

.2 As a matter of responsiveness, a bidder that intends to subcontract shall include a “Small

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Business Subcontracting Participation Plan” (the “Plan”) on the form provided by the City.

This form is CVAB-E2. This form provides the amount of the bid to be subcontracted, the amount of the subcontracting work that will be performed by SWaM-certified Small Businesses, the name (and SWaM certification #) of proposed SWAM subcontractors, the nature of the work to be performed by the SWaM subcontractors, and the estimated dollar amount to be paid to each SWaM subcontractor, including minority-owned vendors. If the bidder intends to self-perform all of the work, the bidder shall affirmatively state its intent to self-perform on the form. Also to be included with the Plan is documentation providing the Good Faith Participation Efforts undertaken by the bidder. See sections 5 and 6 for the substantive requirements of the Plan and the Good Faith Participation Efforts.

13.5. Responsiveness Determination. As required by the Small Business Enhancement Program, bidders that subcontract work must either: (i) provide at least 50% of the value of the subcontracted work to be provided by one or more SWaM-certified small businesses; or (ii) provide documentation showing, with specificity, the Good Faith Participation Efforts undertaken by the bidder to meet the 50% SWaM subcontractor participation requirement. In fulfilling the 50% requirement, prime contractors are strongly encouraged to utilize minority-owned businesses as subcontractors.

13.6. Determination of Sufficiency of Good Faith Participation Efforts. When the Plan does not provide the required 50% SWaM subcontracting participation, the Purchasing Agent will render a decision as to whether the materials submitted with the bid indicate the bidder made Good Faith Participation Efforts. The following factors are relevant to such determination: (1) what steps the bidder has taken to solicit and negotiate subcontracting bids from SWaM-certified small businesses; (2) whether the bidder utilized the City outreach list, if applicable; (3) Whether the bidder debundled or right-sized project components to allow for meaningful small business participation; (4) whether the bidder provided assistance in bonding insurance, equipment, supplies, or other assistance or services aimed at encouraging small business subcontracting; (5) whether the bidder has taken other steps to identify and engage small businesses that would be willing and able to perform the subcontracted work; and (6) whether the efforts undertaken by the bidder appear to be reasonably calculated to lead to the maximization of SWaM-certified Small Businesses.

13.7. Plan Update Period. In the 10 days after posting of notice of intent to award, the prospective contractor will be afforded the opportunity to update or validate the Plan submitted with its bid.

As required by §2-244.3(f), the City will reject proffered updates to a Plan if the update or validation substantially decreases the utilization, either by dollar amount or percentage of subcontracted work, of SWaM-certified subcontractors. Should the prospective contractor not update or validate the Plan or has an update or validation that has been rejected by the City for the reasons previously stated, the Plan submitted with the bid becomes the Final Plan. The Final Plan shall become a part of the contract with the City.

13.8. Required Reporting, Penalties. The Contractor shall be required to provide the City with monthly updates as to payments made to subcontractors listed on the Plan. This form is: CVAB-E. The City will review such updates and track the Contractor’s progress toward fulfilling obligations to engage the subcontractors listed on the Final Plan. Prior to final payment, the Contractor shall submit a report detailing SWaM subcontractor usage.

13.9. Pursuant to City Code §2-224.8, final payment may be withheld if the Contractor fails to submit

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the required documentation. A material misrepresentation in reporting may result in debarment.

If the actual usage substantially deviates from the Final Plan, the Contractor shall provide an explanation for the deviation within ten (10) business days of a request by the City for such explanation. If the explanation lacks reasonable justification that rises to the level of dishonesty or in the event the contractor refuses to submit an explanation for the deviation, the contractor may be debarred from contracting with the City for a period of up to two years from the date of notification of such debarment.

14. Sheltered Bidding:

Pursuant to City of Virginia Section 2-224.13 – Sheltered Bidding – Goods and Services, this solicitation has been determined to meet the criteria set forth and will, therefore, only be open to SWaM-certified small businesses. The SWaM certification is through the Commonwealth of Virginia.

All bidders are welcome to submit a bid. To meet the requirements of City Code 2-224.13, the following will apply to the bidding and award. Bidders with SWaM certification will be considered for award first. If two or more bids are received from SWaM-certified bidders, the City will not consider bids from bidders that are not SWaM-certified. If fewer than two responsible bids are received from SWaM-certified bidders, the City will review bids from all bidders for consideration of award.

15. Posting of Intent to Award Notices:

All notices of intent to award for all invitations to bid will be publicly posted for inspection in the City of Virginia Beach Purchasing Division at the following location:

City of Virginia Beach Purchasing Division 2401 Courthouse Drive Building 1, 3rd Floor, Suite 3097 Virginia Beach, VA 23456.

16. Payment and Performance Bonds:

In accordance with Va. Code 2.2-4337, any bid with a bid total above $500,000 shall include the payment and performance bonds required by the aforementioned statute. The cost of such bonds will be borne by the City and be paid based on presentation to the City of the cost thereof. The form of such bonds is provided in AW-5 to AW-6.

BID SUBMISSIONS/CONTRACT

BID NO:___________________

DATE:____________________

PROJECT:____________________________________________________________________________ CONTRACTOR:_______________________________________________________________________

The submission of a Bid Submissions/Contract will constitute the contractual offer by the Bidder. The execution by the Owner of the Bid Submissions/Contract constitutes acceptance of the successful Bidder’s offer and will constitute the Contract between the Owner and the Contractor including all of the terms and conditions set forth in the Bid Documents and all references therein, including all addenda issued subsequent thereto.

THE FOLLOWING SUBMISSIONS are hereby made to the City Purchasing Agent of the City of Virginia Beach, Virginia.

The Contractor hereby proposes and agrees to furnish all materials and equipment and to perform all the labor required to complete the Project in a substantial and workmanlike manner and in strict conformity with the Bid Documents for the total lump sum of (_________________________________________) dollars, which shall be hereinafter referred to as the BASE BID. The project shall be performed to the full and entire satisfaction of the Owner.

The undersigned has examined the location of the proposed work, Bid Documents and is familiar with the local conditions at the place where the work is to be performed. The undersigned also understands that all the quantities shown herein are approximate only.

The undersigned hereby acknowledges receipt of the following addenda:

Addendum Number Dated

This bid may not be withdrawn for a period of 90 calendar days after the scheduled closing for receipt of bids.

1. Liquidated Damages and Incentives The parties agree that the Owner will be substantially damaged in amounts that will be difficult or impossible to determine if actual Substantial Completion or Final Completion, or both as may be specified, is not achieved by the Contractor on or before the Contract Completion Date(s) set forth herein. The parties, therefore, agree that if Substantial Completion or Final Completion does not occur by the Contract Completion Date(s) for any reason, not the fault of the Owner or otherwise constituting an excusable delay, the Owner shall be entitled to liquidated damages in the amount of $________________ per calendar day for each day the actual Substantial Completion of the project, or any phase thereof, is delayed beyond the Contract Completion Date(s) in lieu of actual damages for such delays; and the Owner shall be entitled to liquidated damages in the amount of

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2.

3.

4.

5.

$__________________________________ per calendar day for each day the actual Final Completion of the project is delayed beyond the Contract Completion date in lieu of actual damages for such delays. Contractor hereby waives any defense as to the validity of such liquidated damages as set forth herein on the grounds that such liquidated damages are void as penalties or are not reasonably related to actualdamages.

As an incentive, the parties agree that the Contractor shall be entitled to $________________________ per calendar day for each calendar day which the project is substantially complete prior to the Contract Substantial Completion date. The total sum of incentives shall not exceed $______________________.

Refer to General Conditions section 4.12 “Delays and Extensions of Time” for contract requirements concerning liquidated damages.

Term of Contract The Contractor agrees to begin work within ten (10) calendar days after the date of Notice to Proceed is given to it by the Owner, and that it will carry out the work with such force, and in such manner and order, and at such time and seasons as it may be directed by the Owner, and further that it will fully and entirely perform this Contract, and all work incident thereto, before the expiration of ________________ consecutive calendar days to achieve Substantial Completion and ______________ consecutive calendar days to achieve Final Completion. Time is of the essence in thisContract. The Contractor expressly acknowledges that in the performance of its obligations, the Owner is relying on timely performance and will schedule operations and incur obligations to third parties in reliance upon timely performance by the Contractor and may sustain substantial losses by reason of untimely performance.

Schedule of Payment:

Formal written Applications that have been approved by the authorized representative(s) of the City will be paid within thirty (30) days of receipt by the Owner.

Termination of Contractor’s Responsibilities The Contract will be considered complete upon final acceptance by the Owner. The Contractor will be notified in writing of final acceptance, and its responsibility will then cease one year from the date of final acceptance.

Hold Harmless - Indemnification It is understood and agreed that the Contractor hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Contractor, its subcontractors, agents, or employees under or in connection with this Contract or the performance or failure to perform any work required by this Contract. The Contractor agrees to indemnify and hold harmless the Owner and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this contract, and,

(c) the performance of the work by Contractor or those for whom Contractor is legally liable. Upon written demand by the Owner, Contractor shall assume and defend at the Contractor's sole expense any and all such suits or defense of claims made against the Owner, its agents, volunteers, servants, employees or officials.

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6. Modification There may be no modification of this Contract, except in writing, executed by the authorized representatives of the Owner and the Contractor.

7. Non-Assignment The Contractor shall not assign its rights and duties under this Contract without the prior written consent of the Owner.

8. Applicable Law/Compliance with all Laws/Venue

a. Applicable Law This Contract shall be deemed to be a Virginia contract and shall be governed as to all matters of validity, interpretations, obligations, performance, or otherwise, exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Contract shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia.

b. Compliance with all Laws

(1) Contractor shall comply with all federal, state, and local statutes, ordinances, and regulations, now in effect or hereafter adopted, in the performance of scope work set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional license and permits necessary for performance of this contract prior to the initiation of work. If the contractor is a corporation, Contractor further expressly represents that it is a corporation, limited liability company, or limited liability partnership in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the contract. Contractor shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the contract work.

(2) Contractor agrees that it does not currently, and shall not, during the performance of this contract, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986.

(3) The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual’s race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. During the performance of this Agreement, Contractor shall comply with the Virginia Human Rights Act, as amended.

9. Venue Any and all suits for any claims or for any breach or dispute arising out of this Contract shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach.

10. Termination without Cause The Owner may at any time, and for any reason, terminate this contract by written notice to the Contractor specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed.

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Notice shall be given to the Contractor by certified mail/return receipt requested at the address set forth herein.

In the event of such termination, the Contractor shall be paid such amount as shall compensate them for the work satisfactorily completed, and accepted by the Owner, at the time of termination.

If the Owner terminates this Contract, the Contractor shall secure and make safe the project site and the Work, withdraw its personnel and equipment and shall cease performance of any further work under this contract and shall turn over to the Owner, any work completed or in process for which payment has been made.

11. Termination with Cause/Default/Cancellation In the event that the Contractor shall for any reason or through any cause be in default of the terms of this Contract, the Owner may give the Contractor written notice of such default by certified mail/return receipt requested at the address set forth herein.

Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of the Contractor to cure the default, the Owner may immediately cancel and terminate this Contract as of the mailing date of the default notice.

Upon termination, the Contractor shall secure and make safe the project sire and the Work, withdraw its personnel and equipment, cease performance of any further work under this contract, and turn over to the Owner any work in process for which payment has been made.

In the event of violations of law, safety or health standards and regulations, this Contract may be immediately canceled and terminated by the Owner and provisions herein with respect to opportunity to cure default shall not be applicable.

12. Environmental Considerations Any costs or expenses associated with environmentally related violations of the law, the creation or maintenance of a nuisance, or releases of hazardous substance, including, but not limited to, the costs of any cleanup activities, removals, remediations, responses, damages, fines, administrative or civil penalties or charges imposed on the Owner, whether because of actions or suits by any governmental or regulatory agency or by any private party, as a result of the storage, accumulation, or release of any hazardous substances, or any noncompliance with or failure to meet any Federal, State or Local standards, requirements, laws, statutes, regulations or the law of nuisance by the Contractor (or its agents, officers, employees, subcontractors, consultants, subconsultants, or any other persons, corporations or legal entities employed, utilized, or retained by the Contractor) in the performance of this contract or related activities, shall be paid by the Contractor. This paragraph shall survive termination, cancellation, or expiration of this contract.

13. FAITH-BASED - NONDISCRIMINATION:

THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH-BASED

ORGANIZATIONS.

14. NONDISCRIMINATION/DRUG-FREE WORKPLACE PROVISIONS

Employment discrimination by Contractor shall be prohibited. During the performance of this Contract, Contractor agrees as follows:

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a. 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/consideration reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, will state that Contractor is an equal opportunity employer.

c. Notices, advertisements, and solicitations placed in accordance with federal law, rules, or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. Contractor will include the provisions of the foregoing Sections A, B and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

During the performance of this Agreement, Contractor agrees as follows:

a. Contractor will provide a drug-free workplace for Contractor’s employees.

b. Contractor will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

c. Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace.

d. Contractor will include the provisions of the foregoing Sections A, B and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

15. Anti Collusion In the preparation and submission of this bid, the bidder did not either directly or indirectly, enter into any combination or agreement with any person, firm or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman act (15 U.S.C. Section 1) or sections 59.1-9.1 through 59.1-9.17 or sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

The undersigned bidder hereby certifies that neither this bid nor any claim resulting therefrom is the result of, or affected by, any act of collusion with, or any act of another person or persons, firm, or corporation engaged in the same line of business or commerce; and that no person acting for or employed by the City of Virginia Beach has any personal interest in this bid.

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The undersigned hereby further agrees that upon request of the owner or owner representative, the records and books pertaining to this bid will be voluntarily supplied, furnished, and released to the owner or owner representative.

The undersigned hereby further certifies that the bidder has not knowingly falsified, concealed, misled, or covered up by any trick, scheme, or device a material fact in connection with this bid.

The undersigned also certifies that the bidder has not made any false, fictitious, or fraudulent statements or representations or made or used any false writing or documents knowing the same to contain any false, fictitious or fraudulent statement or entry in connection with this bid.

The undersigned further agrees that the bidder will comply with section 2.2-4374 of the Code of Virginia, 1950, as amended, and has not bought or purchased any equipment from any person employed by the owner as an independent contractor to furnish architectural or engineering services for this project, nor from any partnership, association, or corporation in which such architect or engineer has a pecuniary interest.

The undersigned further agrees to require all subcontractors,…