SOL1363 FY27 Alley Surface Maintenance 1

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

FY27 ALLEY SURFACE MAINTENANCE

ROANOKE, VIRGINIA

Invitation to Bid No. SOL1363

Issue Date: August 21, 2026 Opening September 21, 2026

Issued By:

Purchasing Division Blake Underwood, Buyer

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

(540) 853-2871

SOL1363 FY27 Alley Surface Maintenance 2

CITY OF ROANOKE, VIRGINIA

TABLE OF CONTENTS

PROJECT MANUAL FOR

INVITATION TO BID NO. SOL1363

BIDDING DOCUMENTS

• Invitation for Bid

• Instructions to Bidders

• Revised Plan for Participation in Public Procurement Transactions Subject to the Virginia Public Procurement Act of Small, Minority-owned, Women-owned, and Service Disabled Veteran-owned Businesses

• List of Locations

• Bid Form

• Bid Bond

CONTRACT FORMS

• Escrow Agreement (if applicable)

• Sample Contract

• Contractor's Performance Bond

• Contractor's Labor and Material Payment Security

• Certificate of Substantial Completion

• Affidavit of Payment of Claims

• Certificate of Final Acceptance

GENERAL REQUIREMENTS

• Table of Contents

• General Conditions

• Supplemental General Conditions

TECHNICAL SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

Section 01010 Summary of Work 01090 Reference Standards 01270 Measurement and Payment 01570 Traffic Regulation 01700 Contract Closeout 02080 Traffic, Property and Utility Maintenance and Coordination

DIVISION 2 – SITEWORK

Section 20000 Special Conditions 20010 Excavation Grading 20020 Surface Treatment 20030 Surface Treatment

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INVITATION TO BID

Sealed Bids for:

The required Work will generally consist of maintenance and repair of alleys likely to require work located at various locations within the City of Roanoke.

INVITATION TO BID NO. SOL1363

Bids, to be considered, must be received at or before 2:00 p.m., local time, on September 21, 2026. All Bids received will be opened and read via conference call on September 21, 2026, at 3:00 p.m. using the following call-in information:

SOL1363 FY27 Alley Surface Maintenance Bid Opening September 21, 2026, 03:00 PM Eastern Time https://teams.microsoft.com/meet/28282367088729?p=g17VFu5ECeM2wc8ns1 Meeting ID: 282 823 670 887 29

Passcode: eB7DP6yC

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

Delivery Alert: Bidders must only submit bids through the City's online portal found here: Procurement Services | Roanoke, VA (roanokeva.gov), or through hard copy submittal to the following address: 215 Church Avenue, SW, Room 202, Roanoke, VA 24011.

There is a non-mandatory pre-bid conference scheduled for 1:00 PM on August 27, 2026, via conference call using the following call-in information:

SOL1363 FY27 Alley Surface Maintenance Pre-Bid Meeting August 27, 2026, 01:00 PM Eastern Time https://teams.microsoft.com/meet/27718562557094?p=f6MJEymnzY2y0ew7mx Meeting ID: 277 185 625 570 94

Passcode: uW72JF9m

The Instructions to Bidders, plans, specifications, the Contract, and other Contract Documents are incorporated herein by reference. Bidders are cautioned to review bid documents thoroughly before submitting a bid. Copies of the documents may be downloaded from the City’s Vendor Self https://teams.microsoft.com/meet/28282367088729?p=g17VFu5ECeM2wc8ns1 https://vss.roanokeva.gov/ https://www.roanokeva.gov/purchasing https://www.roanokeva.gov/160/Purchasing https://teams.microsoft.com/meet/27718562557094?p=f6MJEymnzY2y0ew7mx

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Service at https://tiny.roanokeva.gov/solicitations as well as the Current Bids/RFP Requests tab on the Purchasing Division’s web page at https://www.roanokeva.gov/160/Procurement-Services The City will not be responsible for documents obtained from any other source.

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

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

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

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

If you download this ITB from the City website and intend to submit a proposal, you should notify Purchasing that you have done so. However, each Bidder is solely responsible for ensuring that such Bidder has the current, complete version of the ITB documents, including any addenda, before submitting a bid. Receipt by the bidder of such addendum should be acknowledged on the Bid Form and/or addendum. Addenda will be posted at https://tiny.roanokeva.gov/solicitations as well as the Public Access link on the Purchasing Division’s web page at https://www.roanokeva.gov/160/Procurement- Services.The City is not responsible for any ITB obtained from any source other than the City. Contact Buyer Blake Underwood, by phone at 540-853-2873, or by email at blake.underwood@roanokeva.gov.

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

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

If a certain brand, make, item or manufacturer is specifically and exclusively required or called for in the plans, specifications, or other contract documents, then that brand, make, item, or manufacturer shall be used unless otherwise agreed to by the City, in its sole discretion.

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

Bids may not be withdrawn for a period of sixty (60) calendar days after the opening of bids unless the bid is substantially lower than the other bids because of a clerical error as defined in Section https://vss.roanokeva.gov/ https://www.roanokeva.gov/160/Procurement-Services https://www.roanokeva.gov/160/Procurement-Services.

https://www.roanokeva.gov/160/Procurement-Services.

blake.underwood@roanokeva.gov

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2.2 – 4330, of the Code of Virginia (1950), as amended. Pursuant to Section 2.2 - 4330 (B)(1), the bidder shall give notice in writing and shall submit the original work papers with such notice to the City of its claim of right to withdraw the bid within two (2) business days after the opening of bids.

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

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

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INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

SECTION 1. DEFINITIONS

SECTION 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

SECTION 3. CLARIFICATION AND ADDENDA

SECTION 4. TIME FOR COMPLETION

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

SECTION 6. PREPARATION AND SUBMISSION OF BIDS

SECTION 7. RECEIPT AND OPENING OF BIDS

SECTION 8. BID SECURITY

SECTION 9. INTENT

SECTION 10. MATERIAL AND WORKMANSHIP

SECTION 11. STATEMENT OF QUALIFICATIONS

SECTION 12. ERRORS IN BIDS

SECTION 13. REJECTION OF BIDS

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

AND SECURITY REQUIREMENTS

SECTION 15. ETHICS IN PUBLIC CONTRACTING

SECTION 16. BID PACKAGE CHECKLIST

SECTION 17. PROTESTS

SECTION 18. MISCELLANEOUS

SECTION 19. NOT USED

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INSTRUCTIONS TO BIDDERS

SECTION 1. DEFINITIONS

Definitions contained in Section 1 of the General Conditions are incorporated herein by reference.

The bidder should refer to the General Conditions for definitions used in the Contract Documents.

Whenever used in the General Conditions or in the Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural and the male and female gender thereof, and where applicable to any other legal entity such as a corporation, partnership, limited liability company, etc.

The section and paragraph headings are inserted for convenience only.

SECTION 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

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

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

SECTION 3. CLARIFICATION AND ADDENDA

3.1 Contact: Direct contact with any City employee and/or City’s consultant (if applicable) without the permission of the Purchasing Manager or her designated representative, on the subject of this bid, is strictly forbidden. Violation of this Instruction may result in disqualification of Bid.

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

Contract Documents shall be directed to the Purchasing Division. Questions received less than seven (7) calendar days prior to the date for opening bids may not be answered.

Bidders may only rely upon written addenda issued by the Purchasing Division and no other communication or interpretation, whether oral or written, shall have any effect or efficacy.

3.3 Addenda: If you download this ITB from the City website and intend to submit a proposal, you should notify Purchasing that you have done so. However, each Bidder is solely responsible for ensuring that such Bidder has the current, complete version of the ITB documents, including any addenda, before submitting a bid. Receipt by the bidder of such addendum should be acknowledged on the Bid Form and/or addendum. Addenda will be posted on Vendor Self Service (VSS) at https://VSS.roanokeva.gov as well as the Current Bids/RFP Requests tab on the Purchasing Division’s web page at www.roanokeva.gov/purchasing.

http://www.roanokeva.gov/purchasing

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

3.5 Bidders Responsibility: All bidders are responsible for ensuring that they have received and examined all addenda that may have been issued before submitting their bid.

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

SECTION 4. TIME FOR COMPLETION

4.1 Term of Resultant Contract: The term of resultant Contract shall be for one (1) year, from the date stipulated in the written “Notice to Proceed”, at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law unless extended as set forth herein at the option of the City.

a. Upon the mutual agreement of the parties, the Contract may be renewed for up to four

(4) additional one (1) year periods or any combination thereof. If either party wants to renew the Contract that party shall give a written request to renew to the other party within 60 days of the expiration of the original term or any renew term of the Contract.

The party receiving such request shall either accept or reject in writing such request within 30 days of receipt of that request, provided, however, if the party receiving the request to renew fails to respond within 30 days, the request to renew shall be deemed to be rejected

b. All terms and conditions shall remain in force for the term of this Contract and for any renewal period unless modified by mutual agreement of both parties. Prices shall not be increased during the initial term of this Contract.

4.2 Time for Completion: The successful Bidder shall commence work with an adequate force and equipment on the date stipulated in the written “Notice to Proceed” provided for each contract term from the Transportation Division Manager and, unless otherwise directed by the Transportation Division Manager, to substantially complete all work as identified in the List of Locations within three hundred sixty five (365) consecutive calendar days with final completion within an additional thirty (30) days from the date stipulated in the written “Notice to Proceed”. However, no such time period may exceed the number of consecutive calendar days set forth in the Bid Form.

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

Unusual weather is weather which could not be anticipated based on such data. Normal weather conditions shall be determined from the public historical records available from the National Weather Service. The data sheets to be used shall be for the locality or

SOL1363 FY27 Alley Surface Maintenance 9 localities closest to the site of the Work. No additional compensation will be paid to the Contractor because of unusual weather conditions; however, an extension of time for unusual weather may be considered by the City as indicated in the General Conditions.

4.4 Liquidated Damages: The amounts indicated on the Bid Form as step one and step two liquidated damages as described in the General Conditions (Section 21) shall be due from and paid by the Contractor to the City for each consecutive calendar day of delay in excess of the stated time required to complete the Work, unless modified by Change Order.

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

5.1 State License: Bidders and all subcontractors are required to comply with all applicable city, state, and federal laws, ordinances, and regulations, including, but not limited to, registration with the Virginia State Corporation Commission if required by law; and are required to be properly licensed in accordance with Sections 54.1-1100, et seq., of the Code of Virginia, which presently requires one to be licensed as a "Class A Contractor" before submitting a bid of One Hundred Twenty Thousand Dollars ($120,000) or more; or to be licensed as a "Class B Contractor" before submitting a bid of Ten Thousand Dollars to One Hundred Twenty Thousand Dollars ($10,000 to $120,000); or to be licensed as a "Class C Contractor" before submitting a bid of One Thousand Dollars to Ten Thousand Dollars ($1,000 to $10,000). There are also cumulative total amounts which can require a certain class of license and bidders should check these requirements as well. Bidders shall show evidence of being properly licensed and supply the documents required in Section 14.4 of these Instructions to Bidders. (See also Section 7 of the General Conditions.)

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

5.3 Virginia State Corporation Commission: Each Bidder who is a stock or nonstock corporation, limited liability company, business trust, or a limited partnership or other business entity shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law. Each such Bidder shall include in its bid response the Identification Number issued to it by the Virginia State Corporation Commission (SCC) and should list its business entity name as it is listed with the SCC.

Any Bidder that is not required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity as required by law shall include in its bid response a statement describing why the Bidder is not required to be so authorized. (See Va. Code Section 2.2-4311.2).

SECTION 6. PREPARATION AND SUBMISSION OF BIDS

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

OUTSIDE OF THE ENVELOPE WILL BE CONSIDERED IN THE REVIEW AND

TABULATION OF BIDS OR FOR ANY OTHER PURPOSE.

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

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

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

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

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

SECTION 7. RECEIPT AND OPENING OF BIDS

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

7.2 7.2 Receipt of Bid: Delivery Alert: Bidders must only submit bids through the City's online portal found here: Procurement Services | Roanoke, VA (roanokeva.gov), or https://www.roanokeva.gov/160/Purchasing

SOL1363 FY27 Alley Surface Maintenance 11 through hard copy submittal to the following address: 215 Church Avenue, SW, Room 202, Roanoke, VA 24011.

Due to enhanced security measures at City facilities, Bidders/Offerors will no longer have direct access to the Purchasing Office. All visitors must first check in at the building's security desk before being permitted access.

Bidders submitting a hard copy of their bid/proposal are advised to allow sufficient time for the security check-in process to ensure their bid/proposal is received by the Purchasing Division no later than the date and time specified for receipt of bids/proposals.

Bids/Proposals received after the stated due date and time will be considered late and will not be accepted.

7.3 Opening of Bid: Bids will be opened and read via conference call. Bids received after the due date and time will not be considered. The email must include the ITB number and title in the subject line and Company name. All other references to delivery methods of the bid are not valid. The contents may be made public in accordance with Section 2.2-4342 of the Code of Virginia. The officer or agent of the City, whose duty it is to open them, will decide when the specified time has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified.

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

SECTION 8. BID SECURITY

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

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

b. Certified Check, cashier’s check, or cash deposited with the City of Roanoke Treasurer in the face amount required for the Bid Security and made payable to the City of Roanoke.

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

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

SECTION 9. INTENT

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

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

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

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

SECTION 10. MATERIAL AND WORKMANSHIP

10.1 "Or Equal" Clause: The particular brand, make of material, device, or equipment described in the Contract Documents establishes a standard of required function, economy of operation, dimension, appearance, and quality to be met by any proposed substitution. No substitution will be considered unless a written request for approval has been submitted by the bidder and has been received by the Purchasing Division at least ten (10) calendar days prior to the date for receipt of bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data, and any other information necessary or required by the City for an evaluation. A statement setting forth any changes in other material, equipment, or work that incorporation of the substitute would require shall be included. The burden of proof of merit of the proposed substitute is upon the bidder.

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

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

SECTION 11. STATEMENT OF QUALIFICATIONS

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

SECTION 12. ERRORS IN BIDS

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

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

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

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

SECTION 13. REJECTION OF BIDS

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

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

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

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

AND SECURITY REQUIREMENTS

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

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

a. The total base bid price plus the price of any alternates (aka- additive bid item) the

City elects to accept, if any. (This is where a lump sum amount is required.) The City reserves the right to accept alternates in any order or combination.

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

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

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

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

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

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

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

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

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

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

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

Should a Contract be awarded to a bidder, it will be awarded to the lowest responsive and responsible bidder. If an award of a contract is made, notice of the award, or the announcement of the decision to award, will be made by posting a notice of such award or announcement in the foyer area of the second floor of the Noel C. Taylor Municipal Building at 215 Church Avenue, S.W., Roanoke, Virginia 24011, as well as, on City’s electronic procurement website.

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

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

a. Performance Security (if applicable)

b. Labor and Material Payment Security (if applicable)

c. Certificate of Insurance

d. Escrow Agreement (if applicable)

e. Employment Projection Form (if applicable):

If applicable, the Successful Bidder for a project requiring at least thirty (30) calendar days work will be required to submit a completed Employment Projection Form along with the signed Contract. A copy of this form is included in these bid documents. Completion of the form does not create an obligation on the part of the bidder to hire any referred applicant.

14.5 Security: A Performance Security and a Labor and Material Payment Security each in the amount of one hundred percent (100%) of the contract amount for all contracts in accordance with Sections 2.2-4337 and 4338 of the Code of Virginia, shall be furnished by the Successful Bidder in one of the following forms:

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

b. Certified Checks, Cashier’s Check, or Cash Escrow in the face amount required for the Performance Security and the Labor and Material Payment Security each made payable to the City of Roanoke.

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

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

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

14.7 Bid Security Return for Successful Bid: Upon the execution of the Contract and approval of the Performance and Payment Securities, the Bid Security will be returned to the Successful Bidder upon request. Should the successful bidder fail or refuse to execute the Contract or furnish the required Performance and Payment Securities within the stipulated time, the Bid Security shall be due and paid to the City and the City shall be entitled to collect the Bid Security. In addition, the City may pursue any and all other remedies available to it at law or in equity against said bidder.

SECTION 15. ETHICS IN PUBLIC CONTRACTING

The provisions, requirements, and prohibitions as contained in Sections 2.2 - 4367 through 2.2- 4377, of the Code of Virginia, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this project. Direct contact with any City employee and/or City’s consultant (if applicable) without the permission of the Purchasing Manager or her designated representative, on the subject of this bid, is strictly forbidden. Violation of this Instruction may result in disqualification of Bid.

SECTION 16. BID PACKAGE CHECKLIST

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

a. Completed Bid Form (all pages)

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

SECTION 17. PROTESTS

Any bidder who wishes to protest or object to any award made or other decisions made pursuant to the Invitation to Bid may do so only in accordance with the provisions of Sections 2.2-4357, 4358, 4359, 4360, 4363, and 4364 of the Code of Virginia, and only if such is provided for in such Code section.

SECTION 18. MISCELLANEOUS

a. No bidder shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, SOL1363 FY27 Alley Surface Maintenance 17 service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

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

c. The Successful Bidder must comply with the nondiscrimination provisions of Section 2.2-

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

d. The Successful Bidder must comply with the drug-free workplace provisions of Section

2.2-4312 of the Code of Virginia, which are incorporated herein by reference.

e. It is the policy of the City of Roanoke to maximize participation by minority, women, small, and service-disabled veteran-owned businesses in all aspects of City contracting opportunities.

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

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

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

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

Virginia regarding public inspection of records and the procedures a bidder must follow to protect trade secrets and proprietary information.

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

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

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

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

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

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Ethics in Public Contracting and Conflict of Interests Act of the Code of Virginia, as set forth in this Invitation to Bid, apply to this Invitation to Bid. Such information should be provided in writing before the bid opening date or may also be provided with the bid response.

SECTION 19. SUPPLEMENTAL INSTRUCTIONS AND/OR ADDITIONAL INFORMATION

FOR BIDDERS

These supplemental Instructions for bidders modify, change, and/or add to the instructions as indicated below.

1. Regardless of the amount of the Contract awarded for this Word, Contractor shall provide a Bid Security as referred to in section 8 of these Instructions to Bidders and also a Performance Security and a Labor and Material Payment Security as referred to in Section 14.5 of these Instructions to Bidders

2. Bidders are advised that this ITB and any information or documents provided pursuant to the his ITB are subject to the Virginia Freedom of Information Act and the Federal Freedom of Information Act and the Bidder must Comply with the Provisions of those Acts to Protect any documents the Bidder may way protected from the disclosure pursuant to the provisions of those Acts. Adopted on October 3, 2016 by City Council on Resolution No. 40665-100316

Revised Plan for Participation in Public Procurement

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

1. POLICY STATEMENT

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

2. DEFINITIONS

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

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

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

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

SOL1363 FY27 Alley Surface Maintenance 19 company or other entity is owned by one or more minority individuals who are citizens of the United States or legal residence aliens, and both the management and daily business operations are controlled by one or more individuals who are minority individuals. Minority individual means an individual who is a citizen of the United States or a legal resident alien and who is African American, Asian American, Hispanic American, or Native American, as these terms are further defined and described in Section 2.2-4310 (E) of the VPPA.

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

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

3. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED

Every procurement contract subject to the VPPA and of over ten thousand dollars ($10,000.00) to which the City is a party shall contain the provisions of subparagraphs (a) and (b) herein:

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

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

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

3. Notices, advertisement and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

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

4. VENDOR SELF SERVICE (“VSS”)

The City’s Purchasing Division…