PROJECT MANUAL

FOR

THE CONSTRUCTION OF

DEPARTMENT OF

CITY OF VIRGINIA BEACH, VIRGINIA

BID NUMBER

Notices for the City of Virginia Beach shall be addressed as follows:

Amanda Garbarino agarbarino@vbgov.com

(757) 385-4069 Procurement Specialist Finance Department Bldg 1, Suite 3097, 2401 Courthouse Dr.

Virginia Beach, VA 23456

Contract Administrator:

City of Virginia Beach Department of Public Utilities James Plaatsman Engineer II

(757) 385-1418 JPlaatsm@vbgov.com

Laura Freas - MBP Text Box April 1, 2024

This Sheet Left Blank

TABLE OF CONTENTS

BIDDING REQUIREMENTS AND CONDITIONS

PAGE NUMBER

Advertisement for Bid IV-1 through IV-2 Instructions to Bidders IB-1 through IB-7 Bid Proposal/Contract P-1 through P-16 City of Virginia Beach SWaM Certified-Small Business Participation Efforts (Forms CVAB-E2, CVAB-E, & Workforce) SWAM-1 through SWAM-3 Questionnaire Q-1 through Q-4

AWARD AND EXECUTION OF THE CONTRACT

AW-1

AW-2 through AW-4 AW-5 through AW-6

AW-7

Instructions to Successful Bidder Contract Performance Bond Contract Payment Bond Contractor's Certificate of Insurance City of Virginia Beach Finance/Contracts General Conditions/Articles One through Five GC-1 through GC-27

CITY OF VIRGINIA BEACH SWAM CERTIFIED-SMALL BUSINESS

PARTICIPATION EFFORTS (FORMS CVAB-E2, CVAB-E, & WORKFORCE)

TECHNICAL SPECIFICATIONS

Mandatory Specification: Contractor Performance Evaluation Form

CPE-1through CPE-7

Laura Freas - MBP

April 1, 2024 IV-1

BIDDING REQUIREMENTS AND CONDITIONS

ADVERTISEMENT FOR BID

PROJECT:

PROJECT OF

CITY OF VIRGINIA BEACH, VIRGINIA, BID NUMBER

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

RECEIPT OF BIDS:

All bids must be time stamped no later than (local time), by the Office of the Purchasing Agent, in the Purchasing Division, 2401 Courthouse Drive, Building 1, 3rd Floor, Suite 3097, Virginia Beach, Virginia 23456. Bids time stamped _3:01 p or later will not be considered and will be returned unopened to the prospective bidder.

The remaining bids will be publicly opened and read aloud thereafter.

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

The work includes

A pre-bid conference will be held on at at the following location: .

https://finance.virginiabeach.gov/purchasing/supplier-services

April 1, 2024 IV-2

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

Small Business Enhancement Program

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

THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH-

BASED ORGANIZATIONS.

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

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

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

April 1, 2024 IB-1

INSTRUCTIONS TO BIDDERS

1. Modifications or Withdrawal of Bids Prior to Time of "Receipt of Bids".

Modifications or withdrawal of bids filed with the Owner may be made only by a representative of the firm submitting the bid. Such representative must furnish satisfactory identification and proof that they are authorized to make changes. Additions and/or deletions marked on the outside of the bid’s envelope will not be considered.

2. Withdrawal of Bids After Bid Opening:

In accordance with Section 2.2-4330(A) (i) of the Code of Virginia, as amended, if the price bid was substantially lower than the other bids solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, as was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn and provided further the bidder shall give notice in writing of his claim of right to withdraw two (2) business days after the conclusion of the bid opening procedure.

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

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

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

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

April 1, 2024 IB-2

4. Bid Security:

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

(90) days after opening of bids.

5. Certification and Licensing of Bidders:

Bidders are required under Chapter 11, Title 54.1, Code of Virginia, 1950, as amended, to show evidence of certification or licensing by the State Board For Contractors before any bid may be received and considered. Contractor must provide a copy of their license with the bid.

The license shall indicate that they are licensed with the State Board of Contractors to perform this type of work.

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

6. Definition of Bid Documents:

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

Department of Transportation and Federal Highway Administration.

April 1, 2024 IB-3

Enumeration of Bid Documents (if Needed)

Project Manual for the

Department of Finance City of Virginia Beach, Virginia Bid Number

Project Drawings:

Sheet No. Title Date

April 1, 2024 IB-4

7. Bidders Representation:

Each bidder by making his bid represents that:

A. He has read and understands the bidding documents and his bid is made in accordance therewith.

B. He has visited the site and has familiarized himself with the local conditions under which the work is to be performed.

C. His bid is based upon the materials, systems and equipment which meet or exceed those described in the bidding documents.

8. Bid Submissions:

Bid Submissions must be made in strict accordance with the "Bid Submissions/Contract" form provided (Page P-1). All blank spaces for bids and unit prices shall be properly filled in without any lineations, alterations or erasures. Each Bid Submissions must be signed in writing with full name and address of bidder, if a joint venture, a member of the firm with name in full of each member, and if a corporation, by an officer of corporation, in corporate name with corporate seal to such signature.

Bid Submissions shall be addressed as in Advertisement for Bid and shall be delivered enclosed in an opaque, sealed envelope marked "Bid Submissions" bearing title of work, name of bidder, bidder's license/registration number and bid number.

9. Bulletins, Addenda, and Interpretation:

Should bidder find discrepancies and/or ambiguities in or omissions from the bidding documents, or should he be in doubt as to their meaning, he should at once notify the Owner in writing, who will provide clarification in the form of an addendum to all known bidders.

Prior to submitting a bid, it shall be bidder's responsibility to make inquiry as to addenda issued.

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

10. Questionnaire:

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

11. Gifts by Bidder, Contractors, or Subcontractors:

No bidder, offeror, contractor, or subcontractor shall confer upon the City of Virginia Beach employee having official responsibility for a procurement transaction any payment, loan, subscription, advance deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

April 1, 2024 IB-5

12. Kickbacks:

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

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

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

13. Minority-Owned Business Classification The Bidder shall indicate in the space provided on the bid proposal form whether Bidder is a woman-owned, minority-owned, service-disabled or veteran-owned businesses.

14. SWaM Certified-Small Business Participation Efforts:

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

2. For purposes of this subsection, the definitions used shall have the meanings provided by City Code § 2-224.1. Of particular importance, “SWAM-certified Small Business” means a business that has been certified by the Virginia Department of Small Business and Supplier Diversity. “Good Faith Participation Efforts” means the sum total of efforts by a particular bidder to provide for the equitable participation of SWAM-certified Small Business subcontractors in response to a City procurement.

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

4. Required Submittals:

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

April 1, 2024 IB-6

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

5. Responsiveness Determination. As required by the Small Business Enhancement Program, bidders that subcontract work must either: (i) provide at least 50% of the value of the subcontracted work to be provided by one or more SWaM-certified small businesses; or (ii) provide documentation showing, with specificity, the Good Faith Participation Efforts undertaken by the bidder to meet the 50% SWAM subcontractor participation requirement.

In fulfilling the 50% requirement, prime contractors are strongly encouraged to utilize minority-owned businesses as subcontractors.

6. Determination of Sufficiency of Good Faith Participation Efforts. When the Plan does not provide the required 50% SWAM subcontracting participation, the Purchasing Agent will render a decision as to whether the materials submitted with the bid indicate the bidder made Good Faith Participation Efforts. The following factors are relevant to such determination:

(1) what steps the bidder has taken to solicit and negotiate subcontracting bids from SWAM-certified small businesses; (2) whether the bidder utilized the City outreach list, if applicable;

(3) Whether the bidder debundled or right-sized project components to allow for meaningful small business participation; (4) whether the bidder provided assistance in bonding insurance, equipment, supplies, or other assistance or services aimed at encouraging small business subcontracting; (5) whether the bidder has taken other steps to identify and engage small businesses that would be willing and able to perform the subcontracted work; and (6) whether the efforts undertaken by the bidder appear to be reasonably calculated to lead to the maximization of SWAM-certified Small Businesses.

7. Plan Update Period. In the 10 days after posting of notice of intent to award, the prospective contractor will be afforded the opportunity to update or validate the Plan submitted with its bid. As required by §2-244.3(f), the City will reject proffered updates to a Plan if the update or validation substantially decreases the utilization, either by dollar amount or percentage of subcontracted work, of SWAM-certified subcontractors. Should the prospective contractor not update or validate the Plan or has an update or validation that has been rejected by the City for the reasons previously stated, the Plan submitted with the bid becomes the Final Plan. The Final Plan shall become a part of the contract with the City.

8. Required Reporting, Penalties. The Contractor shall be required to provide the City with monthly updates as to payments made to subcontractors listed on the Plan. This form is:

April 1, 2024 IB-7

CVAB-E. The City will review such updates and track the Contractor’s progress toward fulfilling obligations to engage the subcontractors listed on the Final Plan. Prior to final payment, the Contractor shall submit a report detailing SWAM subcontractor usage.

Pursuant to City Code §2-224.8, final payment may be withheld if the Contractor fails to submit the required documentation. A material misrepresentation in reporting may result in debarment. If the actual usage substantially deviates from the Final Plan, the Contractor shall provide an explanation for the deviation within 10 business days of a request by the City for such explanation. If the explanation lacks reasonable justification that rises to the level of dishonesty or in the event the contractor refuses to submit an explanation for the deviation, the contractor may be debarred from contracting with the City for a period of up to two years from the date of notification of such debarment.

15. Posting of Intent to Award Notices:

All notices of intent to award for all invitations to bid will be publicly posted for inspection on the City Website.

April 1, 2024 P-1

BID SUBMISSIONS/CONTRACT

BID NO:

DATE:

PROJECT:

CONTRACTOR:

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

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

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

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

The undersigned hereby acknowledges receipt of the following addenda:

Addendum Number Dated

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

April 1, 2024 P-2

Term of Contract The Contractor agrees to begin work within ten (10) calendar days after the date of Notice to Proceed is given to it by the Owner, and that it will carry out the work with such force, and in such manner and order, and at such time and seasons as it may be directed by the Owner, and further that it will fully and entirely perform this Contract, and all work incident thereto, before the expiration of consecutive calendar days. Time is of the essence in this Contract.

The Contractor expressly acknowledges that in the performance of its obligations, the Owner is relying on timely performance and will schedule operations and incur obligations to third parties in reliance upon timely performance by the Contractor and may sustain substantial losses by reason of untimely performance.

Schedule of Payment:

Formal written Applications which have been approved will be paid within thirty (30) days of receipt by the Owner.

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

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

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

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

Non-Appropriation The City shall be bound, hereunder, only to the extent that funds shall have been appropriated and budgeted or otherwise available for the purpose of this contract. In the event that no funds or insufficient funds are appropriated and budgeted or otherwise unavailable by any means whatsoever in any fiscal period of payments due under this contract, then the City shall immediately notify the Contractor of such occurrence and this contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever.

April 1, 2024 P-3

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

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

Contractor shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the contract work.

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

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

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

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

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

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

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

April 1, 2024 P-4

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

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

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

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

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

FAITH BASED - NONDISCRIMINATION:

THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH

BASED ORGANIZATIONS.

NONDISCRIMINATION/DRUG-FREE WORKPLACE PROVISIONS

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

A. Contractor will not discriminate against any, employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Contractor.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

April 1, 2024 P-5

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

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

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

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

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

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

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

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

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

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

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

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

April 1, 2024 P-6

The undersigned further agrees to require all subcontractors, consultants, subconsultants, or any other persons, corporations, or legal entities providing or furnishing labor, material, equipment, or work related to this project to execute this anti-collusion statement as a condition of payment.

This paragraph is expressly limited to those in a direct contractual relationship with the undersigned of over $10,000 except those persons whose only direct contractual agreement with the undersigned is an employment contract.

Laws to be Observed The Contractor shall keep fully informed of federal, state, and local laws, bylaws, ordinances, orders, decrees, and regulations of governing bodies, courts, and agencies having any jurisdiction or authority that affects those engaged or employed on the work, the conduct of the work, or the execution of any documents in connection with the work. The Contractor shall observe and comply with such laws, ordinances, regulations, orders, or decrees and shall indemnify and hold harmless the Owner and its agents, officers, or employees against any claim for liability arising from or based on their violation, whether by himself, his agents, his employees, or subcontractors. If the Contractor observes that the contract documents are at variance therewith, he shall promptly notify the Owner in writing. The Contractor shall execute and file the documents, statements, and affidavits required under any applicable federal or state law or regulation affecting his bid or Contract or prosecution of the work thereunder. The Contractor shall permit examination of any records made subject to such examination by any federal or state law or by regulations promulgated thereunder by any state or federal agency charged with enforcement of such law.

Prompt Payment to Subcontractors In accordance with Title 2.2, Chapter 43, Article 4 of the Code of Virginia (Virginia Public Procurement Act), the Contractor shall make payment to all subcontractors, as defined in the Code, within seven (7) days after receipt of payment from the City; or, shall notify the City and the subcontractor in writing of the intention to withhold all or part of the amount due with the reason for nonpayment. In the event payment is not made as noted, the Contractor shall pay interest at the rate of one percent (1%) per month, unless otherwise provided in the contract, to the subcontractor on all amounts that remain unpaid after seven (7) days except for the amounts withheld as provided herein.

These same requirements shall be included in each subcontract and shall be applicable to each lower-tier subcontractor. The Contractor shall provide the City with its social security number or federal taxpayer identification number prior to any payment being made under this Agreement.

The Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause 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. A cost reimbursement claim may not include any amount for reimbursement for such interest charge.

Notwithstanding the preceding and in accordance with Virginia Code § 2.2-4354(1), the Contractor, in the event that the contractor has not received payment from the City for work performed by a subcontractor, shall be liable for the entire amount owed to such subcontractor and to pay such subcontractor within 60 days of the receipt of an invoice following satisfactory competition of the work for which the subcontractor has invoiced. The Contractor shall not be liable for amounts otherwise reducible due to the subcontractor’s noncompliance with the terms of the contract. In the event the Contractor withholds all or a part of the amount invoiced

April 1, 2024 P-7 by the subcontractor under the terms of the contract, the contractor shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for noncompliance. Payment by the City to the Contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of the Contractor’s receiving payment for amounts owed to the Contractor. Nothing in this section shall be construed to (i) apply to or prohibit the inclusion of any retainage provision or (ii) apply to contracts with an architectural and engineering firm.

Submission and Disposition of Contractual Claims Prompt knowledge by the Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the Owner and/or result in mitigation or elimination of the effects of the claim. Therefore, the Contractor must prepare a written statement providing the Owner with notice of the Contractor’s intention to file a claim which (i) describes the act or omission by the Owner or its agents that the Contractor contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written statement shall be submitted to the Owner within 20 days of the time of the occurrence or beginning of the work upon which the claim is based; provided, however, if such damage is deemed certain in the opinion of the Contractor to result from its acting on an order from the Owner, it shall immediately take written exception to the order. For purposes of this provision, “claim” shall include, without limitation, any request for an increase in the contract price or time and any request for equitable adjustment. Submission of a notice of claim as specified shall be mandatory, and failure to submit such notice shall be a conclusive waiver to such claim for damages or other relief by the Contractor. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein.

The Owner will review the claim and render a final decision in writing within 30 days of receipt of Contractor’s written request for a final decision. Such decision shall be final and binding to the fullest extent allowed by law.

Proprietary Information Offerors are advised that Section 2.2-4342 of the Code of Virginia, i.e., the Virginia Public Procurement Act, shall govern public inspection of all records submitted by the Offeror.

Specifically, if Offeror seeks to protect any proprietary data or materials, pursuant to Section 2.2- 4342, Offeror shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is needed. Furthermore, the Offeror shall submit proprietary information under separate cover, and the Owner reserves the right to submit such information to the City Attorney for concurrence of the Offeror’s claim that it is in fact proprietary.

References may be made within the body of the proposal to proprietary information; however, all information contained within the body of the proposal not labeled proprietary or otherwise not meeting all three of the requirements of Section 2.2-4342 shall be public information in accordance with State statutes.

April 1, 2024 P-8

ALL COVENANTS AND AGREEMENTS made by the Contractor are made by it on behalf of the Contractor and its successors, personal representatives, and assigns, the same as if they had been specifically named in each instance.

Virginia Contractor License/Certification No. , Class

The date of expiration of the City of Virginia Beach business license is

Telephone Number ( ) Name

Fax Number ( ) Title

Is your Firm a "Minority" business ☐Yes or ☐No

If yes, please indicate the "Minority" classification:

Upon issuance of the notice of intent to award, the successful Bidder shall provide the Owner with such sureties as the Owner may approve, bonds for the faithful performance of the contract, and for the payment of all persons performing labor, and furnishing materials in connection with the contract, each in an amount equal to no less than the total amount of its bid. These bonds shall remain in full force and effect during the period by which Contractor’s responsibilities to the City are enforceable. Bond forms are included for this purpose. The bonds shall be accompanied by a certified copy of the power of attorney for the surety's attorney-in-fact, and shall be executed by one or more companies authorized and licensed to transact business as surety in the State of Virginia.

The successful bidder shall maintain Products and Completed Operations Insurance coverage in full force and effect for a period of five (5) years after final payment on this Contract and shall provide the Owner certificates of Insurance to this effect.

Insurance:

Contractor must, as a minimum requirement, provide the types and amounts of insurance coverage listed below; must furnish a waiver of subrogation in favor of Owner; and name the Owner as an additional insured to all coverage types.

The following project insurance coverages and minimum limits of coverage are required of Contractor and each Subcontractor at all times until their respective obligations under the Contract have been fully discharged: Provided, however, that if any other clause or provision of the Contract requires limits of liability for a particular type or types of coverage in excess of the limits set forth below, Contractor (and each Subcontractor) shall provide the higher limits of liability for the particular type or types of coverage:

April 1, 2024 P-9

Type of Coverage Minimum Limits

Workers Compensation $1,000,000 Each Occurrence

Employers Liability $500,000 Each Accident $500,000 Disease-Policy Limit $500,000 Disease – Per Employee

Requirements:

• Voluntary Compensation Endorsement

• Waiver of Subrogation in favor of Owner and General

Contractor

• United States Long Shore & Harbor Worker’s Endorsement

• Jones Act Endorsement

Commercial General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate Per Project $2,000,000 Completed Operations/Products Agg.

$1,000,000 Personal Injury $ 5,000 Medical Payments

Requirements:

• Contractual Liability

• XCU Perils Coverage

• Completed Operations Extended to the 5 years or the

Statute of Repose, whichever is less

• Broad Form Property Damage

• Fellow Employee Coverage

• No Residential Exclusions shall apply

• Additional Insured – Owner and General Contractor to be included as Additional Insureds per form CG 20 10 11 85 or equivalent, and this coverage shall: Include Premises/Operations coverage; Include Products/Completed Operations coverage; and, apply on a Primary and Non-Contributory Basis.

• No restrictions as regards the scope of work being performed on the jobsite.

Business Automobile Liability $1,000,000 per occurrence (combined limit for bodily injury and property damage)

Requirements:

• Coverage Owned, Non-Owned, Hired Autos

• Additional Insured – Owner and General Contractor to be included as Additional Insureds

April 1, 2024 P-10

Excess Liability General Contractor:

$5,000,000 per occurrence $5,000,000 aggregate

Sub-Contractors:

$1,000,000 per occurrence $1,000,000 aggregate

Requirements:

• Additional Insured – Owner and General Contractor to be included as Additional Insureds utilizing form CG 20 10 11 85 or equivalent, and this coverage shall apply excess of all underlying coverages.

Builder’s Risk or Installation Floater: Builder’s risk insurance is required for all new vertical construction; the contractor shall provide builder’s risk coverage on the full insurable value of the work. For all other construction, the contractor must maintain an installation floater insuring against all risk of physical loss or damage to materials, fixtures, equipment, and supplies provided for the job, in an amount equal to the full value of the contract improvements.

Election by Owner to provide or obtain any insurance coverage type specified herein shall in no way relieve or limit any responsibility or obligation imposed by the Contract on Contractor or any subcontractor.

Prior to the Owner’s execution of the Contract, Contractor shall furnish Certificates of Insurance evidencing coverages as required in previous paragraphs. An ACORD Certificate of Insurance or pre-approved substitute is the required form.

Each Certificate of Insurance shall include the Owner as an additional insured, on a primary and non-contributory basis, for all liability coverage on the Certificate of Insurance and evidence a thirty (30) day prior written notice of cancellation and include a Waiver of Subrogation. As part of the aforesaid written notice, the Contractor must submit proof that the Owner will be provided with at least ten (10) day written notice prior to cancellation of the liability coverage for non-payment of premium. The Certificate of Insurance holder shall be identified as City of Virginia Beach. Contractor shall include in the contract price all costs for insurance.

1. Indemnification:

In addition to Contractor’s indemnification obligations under the Contract, in any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, Contractor’s indemnification obligations shall not be limited in any way by any limitation on the amount or type or damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workers compensation acts, disability benefit acts or any other employee benefit acts. Contractor waives (and shall cause its Subcontractors and suppliers of any tier to waive) any and all statutory and/or constitutional immunity to which, but for this waiver, it might be entitled (1) as an employer in compliance with any workers

April 1, 2024 P-11 compensation laws, or (2) under any other employee benefits statutes or similar laws of any jurisdiction.

2. Safety:

Safety for the job site shall be the full and sole responsibility of the Contractor. The Project shall have a safety person provided by the Contractor. All subcontractors on the job site shall be responsible for adhering at a minimum to the requirements set forth by OSHA standards to include 6-foot fall protection, pre-employment drug testing, return to work program, hard hats, safety glasses, as well as any and all other OSHA requirements for safety.

Failure or neglect by the successful Bidder to furnish all required bonds, insurance certificates and other required information within 10 days, shall constitute a breach of the bid. The damages to the Owner for such breach will include loss from interferences with its construction program and other items whose accurate amount will be difficult or impossible to compute. The amount of the surety accompanying the proposal of such bidder shall be retained by the Owner as liquidated damages for such breach. Upon satisfactory review of such documents and information by Owner, Owner will execute the Contract.

3. Audits:

The Owner shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to, those kept by Contractor, its employees, agents, assigns, successors and subcontractors. Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Contract and for at least three (3) years following the completion of the Contract, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the Owner, through its employees, agents, representatives, contractors or other designees, during normal business hours at Contractor’s office or place of business in Virginia Beach, Virginia.