INVITATION FOR BIDS

IFB No. 27-1473-3017

Title: ASPHALT PAVING AND CONCRETE REPAIRS FOR PARKS &

RECREATION

Issue Date: September 1, 2026

Bids Due: September 14, 2026 at 3:00 pm

The City of Newport News (the “City”) is seeking bids from qualified firms (the “Bidder” or

“Contractor”) to furnish the goods and/or services described herein and bids will be received at https://secure.procurenow.com/portal/nnva/, through the due date and hour shown above (local prevailing time).

Contracting Officer: Mike White, Senior Buyer whitemt1@nnva.gov

Assistant: Japonica Wilkes, Procurement Services Specialist wilkesjd@nnva.gov

Office of Purchasing

City of Newport News

2400 Washington Avenue, 4th Floor

Newport News, Virginia 23607

757-926-8721

City of Newport News

INVITATION FOR BIDS

Asphalt Paving and Concrete Repairs for Parks & Recreation

I. Introduction II. Specifications

III. Contract Specific Terms and Conditions IV. Standard Terms and Conditions V. Insurance Requirements

VI. Bid VII. Vendor Questionnaire

Attachments:

A - Sample Contract

IFB #27-1473-3017 Asphalt Paving and Concrete Repairs for Parks & Recreation

1. Introduction

1.1. Summary

The City of Newport News (the “City”) is seeking bids from qualified firms (the “Bidder” or

“Contractor”) to furnish the goods and/or services described herein and bids will be received via the City’s e-Procurement Portal, OpenGov Procurement

(https://secure.procurenow.com/portal/nnva), to be received no later than Monday, September

14, 2026 at 3:00 pm (local prevailing time).

The purpose of this Invitation for Bids (IFB) is to solicit bids to furnish/provide asphalt paving and concrete repairs on an "as needed" basis at various properties throughout the City for the

Department of Parks and Recreation. Other departments may utilize the contract on an as needed basis. The Contractor shall provide all labor, equipment, supervision, materials, incidentals and traffic control when providing services within the included Specifications. The City reserves the right to add or remove services as needed throughout the contract term(s).

1.2. Timeline

Release Project Date: September 1, 2026

Question Submission Deadline: September 8, 2026, 12:00pm

Bid Submission Deadline: September 14, 2026, 3:00pm

Bids will be publicly opened on the due date and time as specified herein, in the Office of

Purchasing. A virtual attendance option is also available by using the link below.

https://teams.microsoft.com/meet/23339398

0049419?p=Yf76KwP4nYlAq9uarf

1.3. Contact Information

Project Contact:

Mike White

Senior Buyer

2400 Washington Ave

Newport News, VA 23607

Email: whitemt1@nnva.gov

Phone: (757) 926-8034

Secondary Contact:

Japonica Wilkes

Procurement Services Specialist

2400 Washington Avenue

Newport News, VA 23607

Email: wilkesjd@nnva.gov https://secure.procurenow.com/portal/nnva https://teams.microsoft.com/meet/233393980049419?p=Yf76KwP4nYlAq9uarf https://teams.microsoft.com/meet/233393980049419?p=Yf76KwP4nYlAq9uarf

Phone: (757) 926-8043

2. Specifications

2.1. Scope of Work

The Scope of Work shall include all labor, materials, equipment, supervision, traffic control and incidentals necessary to complete asphalt paving and concrete repairs for the Dept of Parks and

Recreation. These repairs or replacements will consist of athletic courts, walking trails, parking lots, access roads, sidewalks, ADA ramps and curbing at Parks & Recreation locations throughout the City. Some locations within the parks are in tight wooded areas that only allow for limited equipment access. These locations are in low-speed areas with no speeds greater than

25 mph. Work shall include removal and replacement of damaged pavement and concrete surfaces, surface preparation, grading, paving, installation, restoration, and cleanup.

I. Asphalt Paving Work A. Surface Preparation The Contractor shall:

• Saw cut or mill pavement edges as necessary to create clean vertical joints.

• Remove failed or damaged asphalt to the limits identified by the City.

• Excavate unsuitable subgrade materials when directed by the City.

• Proof roll and compact subgrade to a minimum of 95% Standard Proctor Density.

• Install and compact aggregate base material where required.

• Verify positive drainage and proper grading prior to paving operations.

B. Asphalt Installation The Contractor shall:

• Apply tack coat to all existing asphalt surfaces prior to placement of new asphalt.

• Furnish and install Virginia Department of Transportation (VDOT) SM-9.5A Hot Mix Asphalt or approved equivalent.

• Place asphalt in lifts of appropriate thickness to achieve proper density.

• Compact asphalt using approved rolling equipment to achieve a minimum of 92% density.

• Ensure finished pavement is smooth, uniform, and free of segregation, rutting, cracking, or depressions.

C. Pavement Restoration The Contractor shall:

• Match existing grades, cross slopes, and transitions.

• Seal joints between new and existing pavement where applicable.

• Restore shoulders, turf, stone, and adjacent disturbed areas.

• Remove excess materials and thoroughly clean completed surfaces.

II. Concrete Repair Work A. Demolition and Removal

The Contractor shall:

• Saw cut concrete removal areas to full depth.

• Remove damaged sidewalks, trails, slabs, curb and gutter, aprons, pads, ramps, and related improvements as directed.

• Remove and legally dispose of all debris off-site.

B. Subgrade Preparation

The Contractor shall:

• Prepare and compact subgrade prior to concrete placement.

• Install and compact aggregate base material where required.

• Verify proper elevations, grades, and drainage conditions prior to placement.

C. Concrete Installation

The Contractor shall:

• Furnish and install concrete with a minimum compressive strength of 4,000 PSI at 28 days unless otherwise specified.

• Install reinforcement, dowels, or welded wire reinforcement where required.

• Match adjacent surface elevations and existing conditions.

• Tool and construct contraction and expansion joints in accordance with industry standards.

• Provide broom-finished surfaces for sidewalks, ramps, and pedestrian areas unless otherwise directed.

• Match aggregate size, color, and texture to adjacent concrete to the greatest extent practical.

• Cure concrete in accordance with American Concrete Institute (ACI) recommendations.

D. Americans with Disabilities Act (ADA) Compliance

Where applicable, all work shall comply with current ADA Standards for Accessible Design and

Public Right of Way Accessibility Guidelines (PROWAG) requirements, including but not limited to:

• Running slopes

• Cross slopes

• Detectable warning surfaces

• Landings

• Vertical transitions

• Clear widths

III. Quality Control

The Contractor shall:

• Furnish materials meeting applicable VDOT, ASTM, and ACI standards.

• Replace defective materials or workmanship at no additional cost to the City.

• Maintain workmanship consistent with industry best practices.

• Coordinate inspections as required.

• Provide material delivery tickets upon request.

• Provide compaction testing and concrete test results when requested by the City.

IV. Cleanup and Final Acceptance

Upon completion of work, the Contractor shall:

• Remove all equipment, debris, excess materials, and temporary traffic control devices.

• Clean all affected areas.

• Repair any damage resulting from construction operations.

• Restore disturbed turf areas by seeding, mulching, or sodding as directed by the City.

• Request a final inspection by the City's designated representative.

Final acceptance shall be contingent upon satisfactory completion of all work and correction of any identified deficiencies.

2.2. General Requirements

I. Contractor Qualifications The Contractor shall have the following minimum qualifications:

• Five (5) years of experience performing asphalt milling and paving.

• Five (5) years of experience performing concrete forming, placement, and finishing.

• Five (5) years of experience performing asphalt patching and pothole repairs.

• Five (5) years of experience repairing and replacing asphalt or concrete walking trails, golf cart paths, and other narrow pathways.

• Five (5) years of experience milling and paving small parking lots and facility access roads.

II. General Responsibilities The Contractor shall:

• Field verify all dimensions, quantities, and existing conditions prior to beginning work.

• Coordinate all work schedules, site access, and construction activities with the City's designated representative.

• Maintain safe access for pedestrians, vehicles, emergency responders, and facility operations at all times.

• Provide all required traffic control in accordance with the latest edition of the Virginia Work Area Protection

Manual (VWAPM).

• Obtain all permits required for the work unless otherwise directed by the City.

• Protect existing utilities, structures, landscaping, irrigation systems, signage, and adjacent improvements from damage.

• Notify Virginia 811 and verify utility locations prior to excavation activities.

• Dispose of all waste materials at approved disposal facilities in accordance with applicable regulations.

• Restore all disturbed areas to original condition or better.

• Comply with Occupational Safety and Health (OSHA) regulations and all applicable federal, state, and local requirements.

III. Work Orders and Response Times Work shall be authorized through individual work orders issued by the City.

The Contractor shall:

• Provide a written quotation within five (5) business days of a site visit unless otherwise approved by the City.

• Begin routine work within fifteen (15) calendar days of receiving authorization.

• Respond to emergency repairs within twenty-four (24) hours when requested by the City.

3. Contract Specific Terms and Conditions

3.1. Questions

Questions regarding this Invitation for Bid (IFB) must be submitted in writing through the

OpenGov Procurement Question/Answer Tab via the City's e-Procurement portal, on or before, Tuesday, September 8, 2026 by 12:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal received prior to the date and time as provided for in this solicitation.

3.2. Pre-Bid Conference

There is not a pre-bid conference scheduled for this project.

3.3. Contractor Qualifications

The Contractor shall have the following minimum qualifications:

• Five (5) years of experience performing asphalt milling and paving.

• Five (5) years of experience performing concrete forming, placement, and finishing.

• Five (5) years of experience performing asphalt patching and pothole repairs.

• Five (5) years of experience repairing and replacing asphalt or concrete walking trails, golf cart paths, and other narrow pathways.

• Five (5) years of experience milling and paving small parking lots and facility access roads.

3.4. Method of Award

The City may make Multiple Awards, based on the Total Bid, to the lowest responsive and responsible Bidders. Bidders shall bid on ALL line items in order to be considered for award.

Failure to do so may be cause for the bid to be deemed nonresponsive.

3.5. Assignment of Work/Ordering

In the event of multiple awards, assignment of work will be determined by the City based on a combination of factors, including but not limited to price, availability, responsiveness, scheduling considerations, geographic location, and demonstrated experience.

3.6. Contract/Agreement

Following award, a contract will be executed between the Contractor and the City. A sample contract is included in this Invitation for Bid. Do not return the sample contract with the bid; it is provided for informational purposes only.

3.7. Contract Modifications

Any modifications made to the contract must be approved by the Office of Purchasing in advance. The City and the Contractor must mutually agree to modify the terms, conditions, scope or prices/costs contained in the contract before modifications are implemented.

3.8. Contract Period/Renewal

The initial contract period will be for one (1) year from date of award with the option to renew, at the City’s sole discretion, for four (4) additional one (1) year periods.

A contract extension, under the terms and conditions contained herein, may be considered for up to six (6) months following the end of the final one year renewal period upon mutual agreement of the City and Contractor.

3.9. Price Escalation/De-Escalation

Price adjustments may be permitted for changes in the Contractor’s material/service costs, not to exceed the change of the Producer Price Index (PPI) for Asphalt paving mixture & block manufacturing, Series: PCU324121324121, not seasonally adjusted, as published by the

United States Bureau of Labor Statistics for the latest twelve months for which final (i.e. non-preliminary) statistics are available. The nearest comparable index will be utilized if data for the specified index is no longer available.

A price adjustment may be requested one (1) year after the effective date of the contract and each renewal period thereafter, and only after verification and approval by the Office of Purchasing. Price adjustment requests shall be submitted to the Office of Purchasing for consideration. Other City departments are not authorized to approve price adjustments. The index change for a given period shall be calculated as follows: ((Most Current Non-Preliminary

Final Index - Previous Index) / Previous Index) * 100 = Percentage Change.

The Contractor shall provide a minimum of 30 days advance notice (“advance notification period”) of any price increase to the Office of Purchasing. An approved price adjustment will be effective at the beginning of the calendar month following the end of a full 30 day advance notification period. (For example, Contractor requests a price increase on August 15. Office of

Purchasing reviews and approves the request. New prices will be effective October 1).

The Contractor shall submit a written request for a price adjustment (email, facsimile, or US

Mail) to the Office of Purchasing. Evidence/proof of price change from the manufacturer or other relevant source shall accompany the request. Price adjustments are not automatic and are subject to approval by the Office of Purchasing. If an adjustment is approved by the City, price increases may be limited to a maximum of 5% for each increase period.

Any manufacturer price decreases are subject to implementation at any time and shall be immediately conveyed to the City.

The City reserves the right to request a reduction in price based on economic factors or market conditions during the contract term according to changes in the specified index or other factors.

Consumer Price Index or Producer Price Index information and detailed statistics including current percentage changes can be accessed at http://www.bls.gov/cpi or http://www.bls.gov/ppi.

NOTE: At the present time the City recognizes unknown impacts on prices of goods as a result of unstable market conditions. The City will consider price adjustments beyond those noted above during the initial term of the contract if bonafide evidence is provided by the Contractor to support the price increase request. The City reserves the right to deny or negotiate additional price adjustment requests.

3.10. Delivery of Goods/Services

The time of proposed delivery must be stated in definite terms. If time of delivery for different goods and/or services varies, the Bidder shall so state in the bid.

Deliveries shall be made to various locations throughout the City as directed by the Contract

Administrator. All delivery costs shall be included in the specific unit price given.

Delivery tickets shall show quantity, description, unit price, total price, purchase order number and release number.

http://www.bls.gov/cpi http://www.bls.gov/ppi

3.11. Method of Ordering

The City will issue a Blanket Purchase Order; the Contractor shall provide goods or services on an as requested basis from the user department..

The City operates on a fiscal year basis from July 1 through June 30 of each year. Should

Blanket Purchase Orders be issued, they may be valid up to the end of the current fiscal year.

New purchase order(s) are issued at the beginning of each fiscal year to cover the remainder of the then current contract period.

3.12. Invoicing and Payment

Invoices shall be sent to: Department of Finance, Accounts Payable, 2400 Washington Avenue, 6th Floor, City Hall, and Newport News, VA 23607. No service fees or additional costs will be paid by the City during the term of the contract unless allowed in the contract.

Payment will be authorized following receipt of a valid invoice which must minimally include the Purchase Order Number, Purchase Order Line Item Number(s), Contract number (if provided by the City), Description of Goods and Services, Delivery Date(s) of Goods or Services, Unit

Prices and Total Price. Invoices may be submitted Following Completion of Services.

3.13. Equipment

Any equipment delivered must be standard new and unused equipment, latest model, except as otherwise specifically stated in the bid. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.

3.14. Product Availability and Substitution

Substitution of a product, brand or manufacturer after the award of contract is expressly prohibited unless approved in writing by the Office of Purchasing. The City may require, at its discretion, the Contractor provide a substitute item of equivalent or better quality subject to the approval for a price no greater than the contract price, if the product for which the contract was awarded becomes unavailable to the Contractor.

3.15. Descriptive/Literature

Safety Data Sheets shall be available on-site for all materials used during the removal and replacement of damaged pavement and concrete surfaces.

3.16. Substitutions/Alternates

A. Unless qualified by the provision "NO SUBSTITUTE", the use of the name of the manufacturer, brand, make or catalog designation in specifying an item does not restrict

Bidders to the manufacturer, brand, make or catalog designation identification. This is used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting bids on goods and/or services other than as specified, Bidder shall furnish complete data and identification with respect to the alternate goods and/or services they propose to furnish.

B. Consideration will be given to bids submitted on alternate goods and/or services to the extent that such action is deemed to serve the best interests of the City. If the Bidder does not indicate that the goods and/or services he proposes to furnish are other than specified, it will be construed to mean that the Bidder proposes to furnish the exact goods and/or services described.

3.17. Insurance

The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the City of Newport News, Virginia, and its officials from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workmen's compensation laws. Following award of the contract, the Contractor shall furnish proof of said insurance prior to commencement of services.

Prior to submitting a bid, ensure that your firm fully understands the City’s insurance requirements, your carrier is properly rated and that your carrier can provide the required insurance and endorsements.

Contractor shall have seven (7) days from the date of the City’s request to provide insurance certificates and endorsements. Failure to provide the certificates and endorsements within this timeframe may be cause for the City to rescind award of a contract and hold the original

Bidder/Offeror liable for excess costs.

Insurance requirements are specified herein in Section titled Insurance Requirements.

3.18. Warranty

The Contractor warrants the goods/services furnished to be of the highest quality and to be free from defects for a minimum period of one year from the date of delivery or installation and shall carry the standard manufacturer’s warranty. As applicable, the warranty shall include parts, labor and all return delivery costs. Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the City. The most favorable warranty the Contractor provides other customers, if better than the warranty requirement stated herein, shall be extended to the City.

3.19. Examination of Conditions

Each Bidder shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements. Failure to become familiar with the site conditions or work conditions will not relieve the Contractor from furnishing all materials or performing the work in accordance with the Specifications.

3.20. Scheduling and Delays

The parties to a contract resulting from this IFB acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the City. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The City shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the City. If the City delays the project for any reason for a continuous period of ninety (90) days or more, the City and

Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

https://secure.procurenow.com/portal/nnva/projects/289468/document?section=undefined

3.21. Continuity of Services

The services rendered in the contract resulting from this IFB are vital to City and must be continued without interruption. At contract expiration, the Contractor shall provide best efforts and cooperation to facilitate an efficient and effective transition to a successor, whether City or other Contractor, at no additional cost to the City.

4. Standard Terms and Conditions

4.1. Pre-Bid and Bid Submission Requirements

A. Direct contact with anyone other than the City of Newport News Office of Purchasing, including other City departments or the City’s consultants, regarding this Invitation for

Bid (also referred to “solicitation” herein) is expressly forbidden. Violation of this directive may result in a determination that the Bidder is ineligible for award.

B. All bids shall be submitted sealed via the City’s e-Procurement Portal, OpenGov

Procurement and be received no later than Monday, September 14, 2026 at 3:00 pm. Fax and Email transmittals will not be considered. Bids cannot be submitted after the due date and time noted above. Failure to return required documents and information specified herein may result in a determination that the bid will not be considered for award.

C. Bids will be publicly opened on the due date and time as specified herein, in the Office of

Purchasing. A virtual attendance option is also available by using the link in the Timeline

Section of this Invitation for Bids. A bid tabulation will be posted as soon as practical.

D. All bids shall be submitted in accordance with this Invitation for Bids. The Bidder may attach any additional information with the bid, in the space provided.

E. All bids must be submitted by an officer or employee having the authority to sign on behalf of the firm.

F. Failure to provide a bid from an authorized representative shall be cause for rejection of the bid.

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

H. The Terms, Conditions and Specifications in this Invitation for Bid shall supersede any terms and conditions offered by the Bidder. Any additional conditions a Bidder intends to be considered must be submitted with the bid and be noted as an exception, however, exceptions may result in the bid being determined non-responsive. All Terms, Conditions and Specifications will be incorporated by reference and be part of the contract following award.

I. Failure to use the forms provided may be cause for rejection of the bid.

J. The viability and accessibility of the Bidder’s submitted attachments is entirely the responsibility of the Bidder. Attachments that are not accessible cannot be considered during the review and evaluation of the bid, which may result in that bid being determined non-responsive and not being further considered for award.

K. Each bid shall be submitted with the understanding that, upon acceptance by the City, the

Bidder shall furnish any or all of the goods and/or services described herein. The accepted bid shall constitute a contract between the Bidder and the City and shall bind the

Bidder to furnish and deliver the goods and/or services at the stated prices and in accordance with the Terms, Conditions and Specifications of the Invitation for Bid and bid. The City shall order the goods and/or services from the Bidder at the stated prices except for reasons beyond reasonable control including but not limited to availability of funds and the Contractor’s inability to deliver goods or services within the required timeframe.

L. Submission of a bid is not to be construed as an award or an order to ship.

M. A bid by the Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity. If a debarment or suspension exists, supporting information shall be provided with the bid. Suspension or debarment may disqualify the Bidder from award of a contract.

N. Bidders have the right to request withdrawal of their bids from consideration due to error by giving written notice not later than two business days after bids are publicly opened.

Work papers showing evidence of error(s) may be required.

4.2. Addenda

Changes or supplemental instructions to this Invitation for Bid will be posted online with this solicitation. It is the Bidder's responsibility to check for addenda prior to the bid due date and time to ensure that all Addenda are received. Addenda shall be posted on the City's e-

Procurement Portal, OpenGov Procurement, and Addenda notifications will be sent via email to all persons on record who are following this IFB on OpenGov Procurement.

All Bidders shall acknowledge receipt of Addenda with the bid. Acknowledgement of all

Addenda shall be completed in OpenGov Procurement. If all Addenda are not acknowledged, the bid may not be accepted and be deemed non-responsive.

4.3. Notification

This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download. A direct link to all City of Newport News solicitations on eVA is located at www.nnva.gov/691 or from the Office of Purchasing webpage

(www.nnva.gov/purchasing) by selecting Solicitations from the left side bar. Bidders and potential subcontractors may communicate and collaborate using the B2B Connect through the

B2B Connect tab on the eVA solicitation webpage.

Note: The City of Newport News utilizes eVA to post solicitations. Purchase Orders will be issued directly from the City’s electronic procurement system.

4.4. Award

A. Award will be made to the lowest responsive and responsible Bidder (reference Method of Award provision contained herein). The ability, capacity, skill, character, integrity, reputation, judgement, experience, efficiency, ability to perform within the time specified, quality of performance of previous contracts, financial resources, suitability of goods or services to particular purpose and future maintenance and service and any exceptions noted will be taken into consideration in making an award.

B. The City may request additional information and make reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall provide the City information and data for this purpose. The City may inspect physical facilities if deemed necessary. The results of investigations and inspections may result in rejection of the bid. In addition, the City reserves the right to conduct any test/inspection deemed necessary to assure goods and services conform to the specifications.

C. The City reserves the right to reject any bid in whole or in part and to delete items before making an award when the City determines that any of the bid prices are significantly unbalanced to the potential detriment of the City and for other reasons when in the City’s best interest.

D. The City reserves the right to waive any informality if it is determined to be in the best interest of the City.

E. In the event of an error or inconsistency between the unit price(s) and the extension of prices, the unit price(s) shall govern.

F. If the bid from the lowest responsive and responsible Bidder exceeds available funds, the

Purchasing Agent or designee may negotiate with the apparent low Bidder to obtain a contract price within available funds.

G. A Bidder may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award as indicated in the Code of the City of Newport

News Section 2-576.3. No protest shall lie for a claim that the selected Bidder is not a responsible Bidder. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) business days stating the reasons for the action taken. This decision shall be final unless the Bidder appeals within ten (10) days of the written decision by invoking the administrative procedures established by the Purchasing Agent.

H. The Administrative Appeals Procedure is posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources. This procedure shall be used for hearing protests of a decision to award or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determinations of non-responsibility and appeals from decision or disputes arising during the performance of a contract.

4.5. Public Inspection of Records

All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq., Code of Virginia, 1950, as amended).

As indicated in the Code of the City of Newport News Section 2-557.2, any Bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the Purchasing Agent decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.

Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records.

Interested parties may contact the Contract Officer to request a time to review proposal records during the normal business hours of the City. The City reserves the right to facilitate public inspection of records through electronic means to the extent possible.

4.6. Notices and Communications

Notices and communications related to the contract resulting from this Invitation for Bid shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means (email). All notices related to contract award, modifications, renewals, and terminations will be handled through the Office of Purchasing. The

Office of Purchasing primarily utilizes email for notices and communications including but not limited to delivery of Purchase Orders, contract renewals and contract amendments. The City may also use a web-based service to obtain signatures electronically.

4.7. Availability of Funds

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

4.8. Authorization to Transact Business in Virginia

All Bidders organized or authorized to transact business in the Commonwealth pursuant to Title

13.1 or Title 50, as amended, shall provide the identification number issued to it by the State

Corporation Commission. Any Bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in the bid a statement describing why the Bidder is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if so required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The City may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. Visit https://www.scc.virginia.gov/ for more information.

4.9. Cooperative Purchase

If authorized by the Bidder, the contract resulting from this Invitation for Bid may be extended to other public bodies, agencies or institutions within the United States to purchase at the contract prices, terms and conditions. Any public entity that uses the contract shall place its own order(s) directly with the Contractor(s). The City of Newport News is not a party to such contracts and is not responsible for placement of orders and payment or discrepancies of the participating public bodies. It is the Contractor’s responsibility to notify the jurisdictions of the availability of contract(s), if desired. Bidders who do not wish to extend the prices, terms and conditions to other public bodies shall so indicate in the bid.

4.10. Small, Women-Owned, Minority-Owned, and Service Disabled Veteran- Owned Business Requirements

The City of Newport News desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals, service disabled veterans, military family-owned businesses and employment services organizations, and to encourage their participation in the City's procurement activities. The City of Newport News encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minority individuals and service disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities. Offerors are requested to complete and provide the Small, Women-Owned, Minority-Owned and Service Disabled Veteran-Owned Business Requirements Form, if provided herein.

4.11. Faith Based Organizations

The City of Newport News does not discriminate against faith based organizations.

https://www.scc.virginia.gov/

4.12. Non-Discrimination

During the performance of a contract with the City, the Contractor agrees as follows:

A. It will not discriminate against any employees or applicants for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by federal or state law relating to discrimination in employment, except where one or more of these are a bona fide occupational qualification reasonably necessary to the normal operations 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 non-discrimination clause.

B. The Contractor will be and state that he is an equal opportunity employer in all solicitations or advertisements for employees.

C. Notices, advertisements 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.

D. The Contractor will include the provisions of the foregoing paragraphs (a), (b) and (c) in every subcontract or Purchase Order of over ten thousand dollars ($10,000) so that the provisions will be binding upon each subcontractor or vendor.

4.13. Drug Free Workplace

During the performance of a contract with the City, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

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

4.14. Procurement of Imported Goods; Forced and Indentured Child Labor Prohibition

During the performance of a contract with the City, the Contractor agrees that it will not use forced or indentured child labor in the performance of a contract that exceeds $10,000 and that the Contractor will include this provision in every subcontract or purchase order of over $10,000 so that the provision is binding upon each subcontractor or vendor. “Forced or indentured child labor” means all work or service (i) exacted from any person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of age pursuant to a contract the enforcement of which can be accomplished by process or penalties.

4.15. Payment Terms

A. Payment terms shall be “Net 30 Days" unless otherwise stated by the Bidder on the Bid

Form. Alternate terms may be offered for prompt payment of bills.

B. The payment terms stated herein must appear on the Contractor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the Contractor for correction.

C. Late payment charges shall not exceed one percent (1%) per month as indicated in the

Code of Virginia Section 2.2-4352, Prompt Payment of Bills by Localities.

D. If offered by the Bidder, a payment discount period shall be computed from the date of proper receipt of a valid invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.

E. The date of postmark shall be deemed as the date of payment in all cases where payment is made by mail.

F. The City does not make advance payments for goods or services by practice.

4.16. Contractor Obligation to Pay Subcontractors (§ 2.2-4354 of the Code of Virginia)

The Contractor shall take one of the two following actions within seven (7) days after the receipt of amounts paid by the City for work performed by subcontractor(s) under the contract resulting from this solicitation:

A. Pay the subcontractor(s) for the proportionate share of the total payment received from the City attributable to the work performed by the subcontractor(s) under the contract; or

B. Notify the City and subcontractor(s), in writing, of their intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.

All contracts awarded by the Contractor to a subcontractor for any portion of the contract shall include:

A. An interest clause that obligates the Contractor to pay interest to the subcontractor on all amounts owed by the Contractor that remain unpaid after seven (7) days following receipt of payment from the City, except for amounts withheld as allowed.

B. An interest clause that the Contractor shall pay interest to the subcontractor(s) on all amounts owed by the Contractor that remain unpaid after seven (7) days following receipt of payment from the City for work performed by the subcontractor(s), except for amounts withheld as allowed.

C. An interest rate clause stating, ‘Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”

D. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor(s).

E. The Contractor’s obligation to pay an interest charge to a subcontractor(s) pursuant to the payment requirements in this section may not be construed to be an obligation of the

City. A contract modification may not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

4.17. Taxes

Sales to the City of Newport News are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request.

4.18. Hold Harmless and Indemnification

The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by lack of performance, unlawful acts or omissions, or the negligent or willful acts or omissions of contractor or its subcontractors or sub-consultants.

Further, if the Contractor subcontracts any work, it will require in its subcontracts that each contractor indemnify defend and hold harmless the City as stated above.

The parties to the contract resulting from this solicitation agree that under Virginia state law the

City cannot indemnify, defend and hold harmless the Contractor. To the extent any promise or term contained in the contract, including exhibits, attachments or other documents incorporated by reference therein, includes any indemnification or obligation to defend by the City, that promise or term is stricken from the contract and of no effect.

4.19. Interpretation of Specifications

The apparent silence in the specifications and any supplemental specifications as to any detail or the omission from the specifications shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

4.20. Laws and Regulations

The Contractor shall keep fully informed of all federal, state and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.

4.21. Governing Law and Venue

This solicitation and any resulting contract are subject to the laws of the Commonwealth of

Virginia and the Newport News City Code. Any litigation with respect thereto shall be brought in the courts of the City of Newport News, Virginia, or the United States District Court for the

Eastern District of Virginia, Newport News Division.

In accordance with § 2.2-4311.3 of the Code of Virginia: No term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable. Any term or provision in a public contract that (i) makes the public contract subject to, governed by, or interpreted under the laws of another state or country or (ii) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead be deemed to provide for the application of the law of the

Commonwealth of Virginia, without regard to such contract's choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth.

4.22. Rights Under Anti-Trust Laws

The Bidder assigns to the City any and all rights that it may have under the antitrust laws of the

United States and the Commonwealth of Virginia in any way arising from or pertaining to the bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the City.

4.23. Immigration Reform and Control Act of 1986

The Bidder certifies that he/she does not and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia, knowingly employ unauthorized aliens as defined in the Federal Immigration Reform and Control Act of 1986, as amended.

4.24. Assignment of Contract

A contract shall not be assignable by the Contractor in whole or in part without the written consent of the City.

4.25. Default

In event of default by the Contractor, the City reserves the right to procure the goods and/or services from other sources, and hold the Contractor liable for any excess cost occasioned thereby.

4.26. Termination for Convenience

The City may terminate a contract when funds are not appropriated for the specified goods or services or when it is determined to be in the City’s best interest without providing specific cause.

If the contract is an extended term contract, after completion of the first contract period, either party may terminate the contract without penalty or financial obligation, except that the parties remain liable for performance of all terms, conditions, and obligations through the date of termination.

Written notice of termination shall be given to the other party a minimum of thirty (30) days prior to its effective date.

4.27. Termination for Cause

In the event that the Contractor shall for any reason or through any cause be in default of the terms, conditions, or obligations of the contract documents, the City may give the Contractor written notice of such default and terminate the contract. All terms, conditions, and obligations of the contract documents are considered material.

The City may, in its discretion, provide the Contractor an opportunity to cure the default, if curable, prior to termination. Unless a different duration is provided in the notice of default, or agreed upon by the parties in writing, the Contractor shall have fourteen (14) calendar days to cure the default from the date such notice is mailed to the Contractor unless notification is by facsimile or personal delivery, in which case the opportunity to cure shall commence upon delivery of the notice. Upon failure of the Contractor to cure the default, the City may immediately terminate the contract effective as of the mailing or delivery of the default notice. If the City terminates the contract, the Contractor shall remain liable for performance of all terms, conditions, and obligations through the date of termination. Termination by the City shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

In addition, failure of the Contractor to perform the obligations of the contract may result in debarment of the Contractor for a period of up to three years. Termination and/or debarment of the Contractor shall not constitute a waiver by the City of any other rights or remedies available to the City by law or contract.

4.28. Contractual Disputes and Claims

In accordance with Section 2-577 of City Code, contractual claims, whether for money or other relief, shall be submitted in writing to the Office of Purchasing no later than sixty (60) days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based.

The Contractor shall refer to the Administrative Appeals Procedure and Contractual Claims

Review Procedure posted on the Office of Purchasing website https://www.nnva.gov/707/Vendor-Resources for information on claims submission and appeals related to contractual disputes.

The Contractor shall proceed diligently with the performance of the contract and with any disputed work pending final resolution of any claim or dispute.

4.29. Force Majeure

If the parties are unable to perform or are delayed in the performance of its obligations due to acts of God, natural weather disasters, fire, explosion, flood, war, civil disturbance, terrorism, or any other cause which…