843389facilWinch.pdf

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Vehicle Maintenance Facility Renovation
Solicitation number
2026137
Issued by
Williamsburg City, Virginia

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Summary of ITB #ITB-2026137 Vehicle Maintenance Facility Renovation

This Invitation to Bid (ITB) is issued by the City of Winchester, Virginia, Department of Public Services for the renovation and reconstruction of the Winchester Transit vehicle maintenance facility. The project scope includes demolition of the existing equipment maintenance garage, construction of a new facility at the same location, site work, utility work, and installation of associated systems including stormwater, sanitary sewer, asphalt work, and backup power generation. A non-mandatory pre-bid meeting is scheduled for July 24, 2026, at 10:00 am at the Public Services Administration Building, 301 E Cork Street, Winchester, Virginia. Bidders may submit questions regarding discrepancies or ambiguities in the contract documents until 5:00 pm on September 2, 2026, via the Q&A tab on the electronic procurement portal. Sealed bids are due by 2:00 pm on September 17, 2026, and will be opened publicly via Microsoft Teams. The contract completion timeline is 560 calendar days from the Notice to Proceed, with liquidated damages assessed at $1,000 per calendar day for work not completed within the specified timeframe.

Bids must include a 5% bid guarantee in the form of a certified check or bid bond payable to the Treasurer of the City of Winchester. The successful bidder must provide performance and payment bonds each equal to 100% of the contract amount. Bid pricing consists of eleven line items, with most designated as lump-sum prices except for rock excavation, which is priced at unit cost per cubic yard. The prime contractor must perform at least 20% of the total contract value using its own workforce. Bidders are required to submit contractor qualification data including experience on similar projects exceeding $1,000,000 in value within the past five years, audited financial statements, debarment certifications, and quality management plans. Five percent retainage will be held from each progress payment. The project is federally funded through the Federal Transit Administration (FTA) and is subject to extensive federal requirements including Davis-Bacon prevailing wage compliance, Buy America provisions, Disadvantaged Business Enterprise (DBE) participation goals, and federal civil rights and non-discrimination standards.

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INVITATION TO BID

ITB-2026137

VEHICLE MAINTENANCE FACILITY RENOVATION

City of Winchester

Rouss City Hall 15 North Cameron Street

Winchester, VA 22601

RELEASE DATE: July 1, 2026

DEADLINE FOR QUESTIONS: September 2, 2026

RESPONSE DEADLINE: September 17, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/winchesterva https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Winchester

Public Services

ITB #ITB-2026137

Vehicle Maintenance Facility Renovation

Wednesday, July 1, 2026

TABLE OF CONTENTS

I. INTRODUCTION

II. INVITATION TO BID

III. SCOPE OF WORK

IV. INSTRUCTIONS TO BIDDERS

V. BID FORM

VI. BID TABLE

VII. FEDERAL TERMS AND CONDITIONS

VIII. CITY REQUIRED GENERAL TERMS AND CONDITIONS

IX. GENERAL CONDITIONS

X. SUPPLEMENTAL CONDITIONS TO GENERAL CONDITIONS

XI. SPECIAL CONDITIONS

Attachments:

A - PERFORMANCE BOND & LABOR AND MATERIAL PAYMENT BOND

B - General Conditions

C - Revised DOL Wage Rates

D - Final Bid Set Drawings

E - Technical Specifications - Vehicle Maintenance Facility Renovation

F - Revised Drawings

G - Revised Technical Specs

H - Technical Specifications - Table of Contents

I - List of Equipment Serviced in Garage

J - Site Work Area

K - Measurement and Payment

ITB #ITB-2026137

1. INTRODUCTION

The City, founded in 1744, is the oldest Virginia City west of the Blue Ridge Mountains. Located at the northern entrance to the Shenandoah Valley, the City is the medical, commercial governmental and financial center for the surrounding area, and is the county seat of Frederick County.

The City encompasses 9.3 square miles and is located at the crossroads of U.S. Highways 11, 17, 50, 522, Interstate 81 and State Route 7. Interstate 66, terminating 11 miles south of the City at Interstate 81, provides a third transportation artery to Washington, D.C., 72 miles to the southeast. The City's population is currently estimated at slightly over 28,000.

1.1. Summary

The purpose of this ITB is to solicit bids from qualified contractors to provide all labor, equipment, parts, supplies, tools, transportation and materials necessary to provide: renovation and reconstruction of the

Winchester Transit vehicle maintenance facility.

1.2. Contact Information

Project Contact:

Perry Eisenach

Public Services Director

Email: perry.eisenach@winchesterva.gov

Phone: (540) 667-2085

Procurement Contact:

Kelly Feltner

Purchasing Agent

Email: kelly.feltner@winchesterva.gov

Phone: (540) 667-2083

Department:

Public Services

Department Head:

Perry Eisenach

Public Services Director

1.3. Timeline

ITB Release Date July 1, 2026

Pre-Bid Conference (Non-Mandatory) July 24, 2026, 10:00am

Public Services Administration Building, 301 E Cork

Street, Winchester, VA mailto:perry.eisenach@winchesterva.gov tel:(540)667-2085 mailto:kelly.feltner@winchesterva.gov tel:(540)667-2083

Bidder Question Submission Deadline September 2, 2026, 5:00pm

Bids Due September 17, 2026, 2:00pm

Bids will be opened online via the Microsoft TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00

OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v

2/0?context=%7b%22Tid%22%3a%22d8343b2f-

58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa

-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTUyMDExMmMtMTU5MS00OGRhLTk5YzQtZDFkZGM5Y2QwMDU3%40thread.v2/0?context=%7b%22Tid%22%3a%22d8343b2f-58a5-43be-a02c-d2d2309cf6a4%22%2c%22Oid%22%3a%221ef5f8fa-f03e-40f5-bd20-99a88e84bbf6%22%7d

2. INVITATION TO BID

Wednesday, July 1, 2026

Vehicle Maintenance Facility Renovation

ITB-2026137

The City of Winchester (“City”) is submitting this Invitation to Bid (“ITB”) to establish a contract with qualified Contractors furnishing all labor, equipment, transportation and materials necessary for the following project:

Vehicle Maintenance Facility Renovation

Work includes: renovation and reconstruction of the Winchester Transit vehicle maintenance facility.

A non-mandatory pre-bid meeting will be held on Friday, July 24, 2026, at 10:00 am at the Public

Services Administration Building, 301 E Cork Street, Winchester, VA. Bidders are highly encouraged to attend.

Contract documents, specifications and drawings may be obtained on Portal. Bidders shall navigate to the City’s e-Procurement Portal (“Portal”) using this link, https://secure.procurenow.com/portal/winchesterva, find and open this ITB, and click “Follow” to become a prospective bidder for this ITB. Offerors should also register on the Portal to receive automated notifications for upcoming solicitations.

Bidders should carefully examine the specifications and fully inform themselves as to all conditions and matters, which would in any way, affect the equipment/materials/service or cost thereof. Should a bidder find discrepancies in, or omissions from the specifications or ITB, bidder shall use the Question and Answer (“Q&A”) tab on the Portal to submit all inquiries before 5:00 pm on Wednesday, September

2, 2026. All appropriately submitted questions will be answered in writing on the Portal. Only questions answered on the Portal, located in the Q&A tab, oral and other interpretations or classifications will be without legal effect.

The City will accept sealed bids until 2:00 pm on Thursday, September 17, 2026 online via the Portal, https://secure.procurenow.com/portal/winchesterva, at which time bids shall be publicly opened. Bids are to be submitted online via the Portal only. Bids submitted in any other format, including but not limited to, hard copy (mailed or hand delivered), facsimile, or by email will not be accepted, nor considered for award.

Bids will be received only from Contractors who are registered in the Commonwealth of Virginia.

Each Bid shall also be accompanied by a satisfactory Bid Guarantee in the amount of 5% of the bid, in the form of a certified or cashier's check drawn on a bank chartered under the laws of the

Commonwealth of Virginia; payable to the Treasurer of the City of Winchester, or a Bid Bond, as a guarantee that the bidder will within fifteen (15) days after the date of the award of the Contract, execute an agreement and file insurance as required by the Contract Documents if his proposal is accepted. If the successful bidder fails to execute and file the agreement and insurance, the amount of the Bid Guarantee shall be forfeited. Bids without a satisfactory Bid Guarantee shall be rejected.

Performance and Payment Bonds will be required of the successful bidder, each in an amount equal to one hundred (100) percent of the amount of the Contract, conditioned upon the faithful performance of the Contract and to the payment in full to all persons furnishing labor, materials, equipment, etc., for and in connection with the work to be performed under the contract.

Bidder desiring to withdraw his bid after the bid opening procedure, shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure. Bidder shall submit to the City his original work papers; documents and materials used in preparation of the bid sought to be withdrawn. Bidder withdrawing his bid that does not meet these requirements shall forfeit their bid bond.

The City of Winchester reserves the right to reject any proposal for failure to comply with all requirements of this notice or any of the Contract Documents; however, it may waive any minor defects or informalities at its discretion. The City further reserves the right to reject any and all proposals or to award a contract that in its judgment is in the best interest of the City.

CITY OF WINCHESTER, VIRGINIA

BY: Kelly Feltner, Purchasing Agent

3. SCOPE OF WORK

3.1. GENERAL

The scope of work consists of demolishing the existing equipment maintenance garage and constructing a new equipment maintenance garage at the same location. Some site work and utility work is also included in the project.

4. INSTRUCTIONS TO BIDDERS

4.1. OWNER AND ENGINEER

The Owner is the City of Winchester, Virginia, which shall be represented by the Director of Public

Services or his designee who shall perform the duties of the Engineer. Telephone: Department of Public

Services, (540) 667-2085.

4.2. COPIES OF CONTRACT DOCUMENTS

A. Bidding Documents may be examined and downloaded from the City’s website at https://secure.procurenow.com/portal/winchesterva at no charge.

B. Complete set of Bidding Documents shall be used in preparing bids; neither the Owner nor the

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding

Documents available on the above terms do so only for the purpose of obtaining bids on the

Work and do not confer a license or grant for any other use.

4.3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

A. Before submitting a bid, each bidder must examine the Contract Documents thoroughly, visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance of the work, familiarize himself with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost, progress, or performance of the work;

and study and carefully correlate bidder's observations with the Contract Documents.

B. Before submitting his bid, each bidder will, at his own expense, make such additional investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in accordance with time and other terms and conditions of the Contract Documents.

The Contractor shall be responsible for taking his own borings or making any investigations he requires to establish subsurface conditions in the area of this Contract. The City does not assume any responsibility for the subsurface conditions which may be encountered. On request, Owner will provide each bidder access to the site to conduct such investigations.

C. The submission of a bid will constitute an incontrovertible representation by the bidder that he has examined the site and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of the Work.

D. It is understood and agreed by the bidder that the estimate of quantities (if provided) are approximate, and are presented in order to obtain unit prices and approximate amount of the

Contract. The Contractor shall make no claim against the City because of any estimate, tests or representations made by any officer or agent of the City, which may prove to be in any respect erroneous.

E. Scope of the work is as specified herein. The Owner, however, reserves the right to make adjustments to the scope of the work. Such adjustments shall be accomplished by appropriate

Change Orders.

4.4. SPECIFICATIONS

The technical specifications for the project are provided within this contract document. If not specifically addressed within these technical specifications provided, the following specifications shall apply:

A. All current City of Winchester Building Codes

B. VDOT 2020 Road & Bridge Specifications, or most recent edition

C. City of Winchester Standards Manual

4.5. QUESTIONS

All questions about the discrepancies or ambiguities in the Contract Documents prior to the bid opening shall be submitted in writing via the Portal under the Questions & Answers ("Q&A") tab for this project.

Replies to questions will be issued Via the Portal and emailed to all parties that appear on the Follower's

List in the Portal.

Questions received less than five (5) calendar days prior to the date for opening of bids may not be answered. Only questions answered via the Portal, located in the Q&A tab, will be binding, and shall be considered part of the awarded contract.

4.6. REQUIRED BOND - BID GUARANTEE

A. Bid Guarantee shall be made payable to Owner, in an amount of five percent (5%) of the bidder's maximum bid price and in a form of a certified or cashier's check drawn on a bank chartered under the laws of the Commonwealth of Virginia; payable to the Treasurer, City of

Winchester, or a Bid Bond issued by a surety having registered resident agents in Virginia.

B. The Bid Guarantee of the successful bidder will be retained until such bidder has executed the

Agreement and furnished the required Contract Security, whereupon it will be returned. If the successful bidder fails to execute the agreement and furnish the required Contract Security within fifteen (15) calendar days of the Notice of Award, Owner may annul Notice of Award and the Bid Guarantee of the bidder will be forfeited.

4.7. REQUIRED BONDS – PAYMENT AND PERFORMANCE

Performance and Payment Bonds will be required of the Successful bidder, each in an amount equal to one hundred percent (100%) of the amount of the Contract, conditioned upon the faithful performance of the Contract and to the payment in full to all persons furnishing labor, materials, equipment, etc., for and in connection with the work to be performed under the Contract.

4.8. CONTRACT TIME

Contractor agrees that all work shall be completed within 560 calendar days following the Notice to

Proceed.

Owner and Contractor recognize that the time is of essence in this Contract, and if the work is not completed within the specified times outlined above, plus any extensions allowed, then the Contractor shall pay, as liquidated damages, $1,000.00 for each calendar day that expires after the specified completion date.

4.9. PAYMENT PROCEDURE

A. The basis for payment shall be the actual percentage of work completed, as determined in the field by the Engineer.

B. An amount equal to five percent (5%) of each progress payment shall be held from each payment as retainage.

4.10. SUBCONTRACTORS

A. The apparent successful bidder and any other bidder so requested, will within seven (7) days after the day of bid opening submit to Owner a list of all subcontractors and other persons and organizations, including those who are to furnish the principal items of material and equipment, proposed for the work. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person, and organization. If Owner or Engineer, after due investigation has reasonable objection to any proposed subcontractor, other person or organization, either may before giving the Notice of Award request the apparent successful bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful bidder declines to make any such substitution, the Contract shall not be awarded to such bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Bond.

Any subcontractor, other person, or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer.

B. No Contractor shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection.

4.11. SUBSTITUTE MATERIAL AND EQUIPMENT

A. Whenever it is indicated in the Contract Documents that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered until after the Effective Date of the

Contract Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions.

4.12. PREPARATION OF BID

A. The #BID FORM and #BID TABLE are included in these Specifications, and may not be altered in any way.

B. Bid Forms and Bid Tables must be completed electronically.

C. A bidder shall execute his Bid as stated below:

1. A Bid by an individual shall show his name and official address.

2. A Bid by a partnership must be executed in the partnership name and signed by a partner.

His title must appear under his signature and the official address of the partnership shall be shown.

3. A Bid by a corporation must be executed in the corporate name by an officer of the corporation and must be accompanied by a certified copy of the resolution of the board of directors authorizing the person signing the Bid to do so on behalf on the corporation. The corporate seal shall be affixed and attested by the secretary. The state of incorporation and the official corporate address shall be shown.

4. All names must be printed below the signature.

5. Contractor's license or registration number shall be entered in the space provided on the

Bid Form.

D. A bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror 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 of the Code of Virginia or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Any bidder or offeror described herein that fails to provide the required information may not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the City Manager. The SCC may be reached at (804) 371-9733 or at http://www.scc.virginia.gov/default.aspx.

E. Bidder shall make acknowledgement of receipt of all Addenda as part of their bid response.

4.13. SUBMISSION OF BIDS

A. Bids shall be submitted before the deadline via the Portal as indicated in the Invitation to Bid.

B. It is the sole responsibility of the Bidder to insure that their Bid is submitted timely via the Portal before the bid due date and time. Late bids will not be accepted. Failure of the Bidder to https://secure.procurenow.com/portal/winchesterva/projects/261118/document?section=2505500 https://secure.procurenow.com/portal/winchesterva/projects/261118/document?section=2505493 http://www.scc.virginia.gov/default.aspx successfully submit an electronic bid before the deadline indicated herein shall be at the

Bidder’s sole risk, and no relief will be given for late and/or improperly submitted bids. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the Portal. The

City will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither the City, nor

OpenGov, the Software Administrator, will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the

Bidder is using to submit a response.

C. Bids by telephone, facsimile, email, hard copy (mailed or hand delivered) or other forms shall not be accepted.

4.14. MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn electronically on the Portal at any time prior to opening of the bids. It is the Bidder's sole responsibility to un-submit their response and re-submit appropriately if changes need to be made to their Bid prior to the deadline.

B. No bidder may withdraw his bid within thirty (30) calendar days after the actual date of the bid opening, except as allowed by the Code of the City of Winchester, Virginia, Section 21-43(a), which states "the Bidder shall give notice in writing of his claim of rights to withdraw this bid within two (2) business days after the conclusion of the bid opening procedure". Bidder shall submit to the Owner his original work papers, documents and materials used in preparation of his bid sought to be withdrawn.

4.15. OPENING OF BIDS

A. Bids shall be opened publicly, and will be read aloud at the time and location indicated on the

Invitation to Bid. An abstract of the amounts of the Bids shall be made available after the opening of bids.

B. All bids shall remain open for sixty (60) days after the day of the bid opening, but Owner may, in his sole discretion, release any bid and return the Bid Bond prior to that date.

4.16. AWARD OF CONTRACT

A. Owner reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all nonconforming, nonresponsive, or conditional bids. Discrepancies between words and figures shall be resolved in favor of words. Discrepancies between indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

B. In evaluating bids, Owner will consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid

Form. Owner may consider the qualifications and experience of subcontractors and other persons and organizations proposed for the work.

C. Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors and other persons and organizations, to do the work in accordance with the Contract Documents and to the Owner's satisfaction within the prescribed time.

D. Owner reserves the right to reject the bid of any bidder who does not pass any such evaluations to Owner's satisfaction.

E. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible bidder whose evaluation by the Owner indicates that the award will be in the best interest of the Project and the City. Discounts for prompt payment, liquidated damages, and cash incentives will not be part of the award.

4.17. NEGOTIATION WITH THE LOWEST BIDDER

Unless all bids are cancelled or rejected, the City of Winchester reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the agency whenever such low bid exceeds the agency’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the agency for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The agency shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the agency wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the agency and the lowest responsive, responsible bidder.

4.18. SIGNING OF CONTRACT

Owner shall give Notice of Award to the successful bidder accompanied by the Contract and all other

Contract Documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver the Contract to the Owner with all other Contract Documents attached. Within ten (10) days thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract

Documents not fully signed by Owner and Contractor and shall ensure that all parties appropriately execute all required portions of the contract immediately.

4.19. BUILDER'S RISK POLICY

A Builder's Risk "all risk" or open peril or special causes of loss policy will be required of the Successful bidder that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and

Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. The value of the Builder's Risk policy for this project shall be for the full value of the contract and shall list the City of Winchester as an additional insured.

5. BID FORM

5.1. BID FORM CONFIRMATION*

In submitting this Bid, bidder acknowledges that the bidder has examined copies of the following

Contract Documents:

BIDDING DOCUMENTS

• Invitation to Bid

• Instructions to Bidders

• Bid Form o Contractor Qualification Data Sheet, if included in Bid Form o Bid Bond o Non-Collusion Affidavit

• Performance Bond

• Labor and Material Payment Bond

• City of Winchester Required General Terms and Conditions

• General Conditions

• Supplement to General Conditions

• Special Terms and Conditions

TECHNICAL SPECIFICATIONS

DRAWINGS

ADDENDA

BID ITEMS/QUANTITIES (BID TABLE)

☐ Please confirm

*Response required

5.2. Virginia Contractor’s Registration Number*

*Response required

5.3. Bid Guarantee*

Each Bid shall also be accompanied by a satisfactory Bid Guarantee in the amount of 5% of the bid, in the form of a certified or cashier's check drawn on a bank chartered under the laws of the

Commonwealth of Virginia; payable to the Treasurer of the City of Winchester, or a Bid Bond, as a guarantee that the bidder will within fifteen (15) days after the date of the award of the Contract, execute an agreement and file insurance as required by the Contract Documents if his proposal is accepted. If the successful bidder fails to execute and file the agreement and insurance, the amount of the Bid Guarantee shall be forfeited. Bids without a satisfactory Bid Guarantee shall be rejected.

Download the following document, and then submit the fully executed copy here.

• BID_BOND.docx

*Response required

5.4. Non-Collusion Affidavit*

Please download the below document, and then submit the fully executed copy here.

• NON-COLLUSION_AFFIDAVIT.docx

*Response required

5.5. CONTRACTOR QUALIFICATION DATA SHEET

General:

In order to be considered for selection, Bidders shall submit the following information as part of your response to this solicitation. Failure to complete and provide this data sheet and the requested information may result in a non-responsive bid.

Proprietary Information

All source code, executables, user data, materials, meeting minutes, progress reports and documentation shall be submitted to the City and shall belong exclusively to the City, and shall be subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a Bidder shall not be subject to public disclosure under the

Virginia Freedom of Information Act provided the Bidder invokes the protections of Section 2.2-4342F of the Virginia Public Procurement Act, which provides that:

“Trade secrets or proprietary information submitted by a Bidder, or subsequently the Contractor, in connection with a procurement transaction, shall not be subject to public disclosure under the Virginia

Freedom of Information Act. However, the Bidder or Contractor must invoke the protection of this

Section prior to, or upon submission of the data or other materials. The Contractor must identify the data or other materials to be protected and justify in writing the explicit reasons that such protection is necessary. Failure to mark the data or other materials as proprietary or otherwise classified, will result in the data or other materials being released to Bidders or to the public as provided in the Virginia

Freedom of Information Act.”

The classification of the entire proposal document and total bid price as proprietary or trade secrets is not acceptable.

Incurred Cost https://government-project.s3.us-west-2.amazonaws.com/21282/8d83fd65-9f48-414a-b981-b6fbba98ace9_BID_BOND.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4GFRQ3W2B%2F20260904%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260904T164656Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEDAaCXVzLXdlc3QtMiJIMEYCIQD4J0ANNf2Mlo0d6cem7CJ5TZqx9%2F1nRvkILjJDdFA3QAIhAONQrEjkBIaETWbdBYKdp9nbYlCVC0LKjpYhj8Q2qiDYKpUFCPj%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgxO9m3iQSJWPlP8uQMq6QRG8TSIeCZmBjhebXbITL7ddHCVXM8YvMKTjIQ4CrkPzbmIc%2FYWGEtb%2F4GitYLvAKyo70r5x2yuH8DwWYCF0fng6pLSPIGmrCvkqB1GSgiAMoybWhnmic53dSkeNs97thVtDSmoOsXDzTw67cOL0jR%2Bpx%2BmsUEFKsSebQLxf55rRoa%2BzZJ6mEN0bc5irkbM0QPLjDS9%2BTb8%2BV9L19SSA7eUu56toCrhGUaV0ml9bgh5MoyFdpQH7H4Gyhrzu1YZgrjPfs8uskL3u9cnDMUZsVUqrEZD7pIVGWxu5BnYzdHGRNqnLTLb3qJbkE7NQkHgW7O60%2BL4%2BPzGdYLutoK%2BiSn8DPv62Sjg7EBLwBZKDkEhRZcrOIXWabgO5MOJdDdR7GDPTLkx%2FsJ6vqG7kWnBIxi621UJW9QksGHuDSyEmaMtAm8pFymTxAcues0avAP%2BwuTSNuIL2rpbPO9VnqPmsAJwJcXqiPCoFH2Gqe8dmifjlGaY9knUV3zkMXhxplwjSyZi%2FGFTIrKNRdRbWZKDMSJJbJwlhLjN5KzNUEohulFc%2FODvK%2FeiFXt3l0AIg2ZtQjmq3oHAVuXpgs8oC1JI7CtISro3uTJWf3tZcmTGce3ueg6oBVGrVufP8puRZBTRZVHwjAmHXZbWxJGJw2%2FtHFIEH1TcMufdEJXn1UAUrm%2FKikTqUp7DEkYRX5iKVpQXlqf%2Bvzp%2BOe55yf%2FWaeTX%2BiLDBfBZVnd6meXuWHU7tT%2BUIlo2WE2yQ4nyot1Rya6APOOEx%2BQueaCamPKSjeVwNZPWRHjpVllmmHt151F%2F3YUNrzax2iLvwGb0PDCeyOvUBjqYAbiIdV8AZZ%2FnkJDH%2Flh%2BLSNa1y%2FsB4dZuTfjMfqKkc%2Bo93vgTFwhiDbAEp6Cl2QmfDEiOcqJrjROWqxD9wBns%2Fz6FzHulX9XVqmtfLh5sG6Z%2BDMeO4JaAGg4mreJ8YZBnfgqzG160GdWj1pGY8nYFxlsMszcRn12kr%2Flz2uLKC%2BRBSCHsHQWo3oM7nmNstQxuYEJ%2ByArFjmS&X-Amz-Signature=1f18894ffb236ff3e28383f06dbc6ea10360bc25d45b8734b1fec2fdd47ea474&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22BID_BOND.docx%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/21282/a0d6348e-9589-44da-b59b-622e663b0ddc_NON-COLLUSION_AFFIDAVIT.docx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4GFRQ3W2B%2F20260904%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260904T164656Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEDAaCXVzLXdlc3QtMiJIMEYCIQD4J0ANNf2Mlo0d6cem7CJ5TZqx9%2F1nRvkILjJDdFA3QAIhAONQrEjkBIaETWbdBYKdp9nbYlCVC0LKjpYhj8Q2qiDYKpUFCPj%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgxO9m3iQSJWPlP8uQMq6QRG8TSIeCZmBjhebXbITL7ddHCVXM8YvMKTjIQ4CrkPzbmIc%2FYWGEtb%2F4GitYLvAKyo70r5x2yuH8DwWYCF0fng6pLSPIGmrCvkqB1GSgiAMoybWhnmic53dSkeNs97thVtDSmoOsXDzTw67cOL0jR%2Bpx%2BmsUEFKsSebQLxf55rRoa%2BzZJ6mEN0bc5irkbM0QPLjDS9%2BTb8%2BV9L19SSA7eUu56toCrhGUaV0ml9bgh5MoyFdpQH7H4Gyhrzu1YZgrjPfs8uskL3u9cnDMUZsVUqrEZD7pIVGWxu5BnYzdHGRNqnLTLb3qJbkE7NQkHgW7O60%2BL4%2BPzGdYLutoK%2BiSn8DPv62Sjg7EBLwBZKDkEhRZcrOIXWabgO5MOJdDdR7GDPTLkx%2FsJ6vqG7kWnBIxi621UJW9QksGHuDSyEmaMtAm8pFymTxAcues0avAP%2BwuTSNuIL2rpbPO9VnqPmsAJwJcXqiPCoFH2Gqe8dmifjlGaY9knUV3zkMXhxplwjSyZi%2FGFTIrKNRdRbWZKDMSJJbJwlhLjN5KzNUEohulFc%2FODvK%2FeiFXt3l0AIg2ZtQjmq3oHAVuXpgs8oC1JI7CtISro3uTJWf3tZcmTGce3ueg6oBVGrVufP8puRZBTRZVHwjAmHXZbWxJGJw2%2FtHFIEH1TcMufdEJXn1UAUrm%2FKikTqUp7DEkYRX5iKVpQXlqf%2Bvzp%2BOe55yf%2FWaeTX%2BiLDBfBZVnd6meXuWHU7tT%2BUIlo2WE2yQ4nyot1Rya6APOOEx%2BQueaCamPKSjeVwNZPWRHjpVllmmHt151F%2F3YUNrzax2iLvwGb0PDCeyOvUBjqYAbiIdV8AZZ%2FnkJDH%2Flh%2BLSNa1y%2FsB4dZuTfjMfqKkc%2Bo93vgTFwhiDbAEp6Cl2QmfDEiOcqJrjROWqxD9wBns%2Fz6FzHulX9XVqmtfLh5sG6Z%2BDMeO4JaAGg4mreJ8YZBnfgqzG160GdWj1pGY8nYFxlsMszcRn12kr%2Flz2uLKC%2BRBSCHsHQWo3oM7nmNstQxuYEJ%2ByArFjmS&X-Amz-Signature=e97dbedd989fdcb6e88b66573809da1ce6fdda37cfa524e8f638151512148516&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22NON-COLLUSION_AFFIDAVIT.docx%22&x-id=GetObject

The Bidder is responsible for all costs of proposal preparation. The City of Winchester is not liable for any costs incurred in response to the ITB.

Contractor Qualifications:

Proposals should be as thorough and detailed as possible so that City may properly evaluate your capabilities to provide the required services. Bidders shall submit responses for the following items within your Bid response.

ITB# ITB-2026137

5.5.1. How many years has your organization been in business as a licensed contractor?*

*Response required

5.5.2. e. How many years has your organization been in business under its present name?*

*Response required

5.5.3. List the states and categories of construction in which your organization is legally qualified to do business*

*Response required

5.5.4. Qualifications: Provide a description of the organizational structure and history. Identify key personnel to be assigned to this project and their relevant experience in work similar to this project.*

*Response required

5.5.5. Debarment/Suspension List: Firms shall confirm in writing that they are not currently on any debarment or suspension list of any local, state or federal government. Any firm found to be listed shall be rejected as non-responsive.*

☐ Please confirm

*Response required

5.5.6. Debarment and Suspension Certificates*

Please download the below documents, complete, and upload.

• Debarment_and_Suspension_Ce...

*Response required

5.5.7. Quality Management Plan and Timeliness Tracking Plan*

The Contractor shall provide a detailed description of all internal control methods used to insure quality throughout all of the contractor’s operations, as well as the system or method that will be employed to track, monitor, and ensure compliance with all time line requirements of this ITB.

*Response required https://government-project.s3.us-west-2.amazonaws.com/261118/27280a6d-93c0-4dfa-9ee8-d89ddbade782_Debarment_and_Suspension_Certificates.pdf

5.5.8. Past Project Experience*

The Contractor shall provide a minimum of three (3) references that are similar in nature to the City’s proposed construction project. The submitted projects shall have been initiated or completed in the past five (5) years and exceed $1,000,000 of total value. In the response, the Contractor shall provide a one to two paragraph description of the work performed, and the name, address, telephone number, and email address of the owner’s representative. For each reference, the response shall also delineate the specific value of the underground utility installations, as defined above, as well as the total value of all the work completed.

The Contractor shall include in this list any contract(s) in the past five (5) years that were terminated and shall provide the reason for termination.

*Response required

5.5.9. Management of Simultaneous Contracts*

The Contractor shall list all the name of projects, owner’s name and address, percent complete and scheduled completion of the major projects in progress on the date of proposal submittal and the estimated contract amount of all executed contracts that will be underway at the same time as the

City’s proposed construction project. The contractor shall also state how the contract needs of the City will be met with the available company resources considering that these other contracts will be underway simultaneously.

*Response required

5.5.10. Financial Statements*

Please submit your company’s audited annual financial statement and/or Dunn & Bradstreet report for the last two (2) years.

*Response required

5.5.11. Subcontracting Restrictions*

The Prime Contractor shall perform or exercise responsibility for this contract with its own work force for at least 20% of the total dollar value of the contract. Identify the sub-Contractor(s) who will do work on this project and the amount of work that each is projected to perform.

*Response required

5.5.12. Certification*

I certify that the information provided in the Contractor Qualifications is complete and accurate to the best of my knowledge.

☐ Please confirm

*Response required

5.5.13. Certificate Regarding Lobbying*

Please download the below documents, complete, and upload.

• Certificate_Regarding_Lobby...

https://government-project.s3.us-west-2.amazonaws.com/261118/17a0c8b0-40b4-43e1-b19b-1c258e0c217a_Certificate_Regarding_Lobbying.pdf

*Response required

6. BID TABLE

A. The Contractor shall provide all unit prices or lump sum prices for all bid items on the Bid Table herein. If a unit price or lump sum price is omitted or left blank the bid and bidder shall be non-responsive. The bid forms designate which prices are for Install only work, complete and in place, (i.e. assumes equipment and/ or materials will be supplied by the City). All other bid prices are for Furnish and Install work, complete and in place.

B. The quantities shown for unit bid items are based upon the best information available at time of preparation of these bid documents, and are established for the purpose of obtaining a bid price. No adjustments to the bid prices based on changes to quantities will be considered. All bid prices will be held throughout the duration of the contract regardless of any increase or decrease in bid quantity.

C. Emergency work shall be negotiated with a maximum allowable amount of 50% over the bid price by item. This excludes all lump sum bid items.

D. All other bid items not listed or described in the Contract Documents will be negotiated between the City and the Contractor before the time of need. Once a negotiated price is established, it will be used for the remainder of the contract.

The undersigned Bidder proposes to complete all work in accordance with the Contract Documents for the following unit prices:

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Mobilization 1 Lump Sum

2 Demolition and Disposal of Existing

Equipment Maintenance Building 1 Lump Sum

3 Erosion and Sediment Control 1 Lump Sum

4 Site Grading and Earthwork 1 Lump Sum

5 Construction of New Equipment

Maintenance Building 1 Lump Sum

6 Backup Power Generator 1 Lump Sum

7 Stormwater System (Outside of

Building) 1 Lump Sum

Line Item Description Quantity Unit of

Measure Unit Cost Total

8 Sanitary Sewer System (Outside of

Building) 1 Lump Sum

9 All Asphalt Work, Includes Milling 1 Lump Sum

10 Rock Excavation 200 Cubic Yards

11 As-Built Drawings 1 Lump Sum

TOTAL

7. FEDERAL TERMS AND CONDITIONS

7.1. FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

(1) The contractor certifies that it:

a. Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

b. Was not convicted of the felony criminal violation under any Federal law within the preceding

24 months.

(2) Flow-Down. The contractor shall flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement

7.2. ACCESS TO RECORDS AND AUDITS

A. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records.

B. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

C. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.

D. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337..

7.3. CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the City of Winchester or the Award, the accompanying Underlying

Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the City of Winchester’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

7.4. CIVIL RIGHTS LAWS AND REGULATIONS

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of

1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted

Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49

C.F. R. Part 21 and any implementing requirement FTA may issue.

A. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

1. Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

2. Prohibition against Employee Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment

Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

B. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49

C.F.R. part 25 prohibit discrimination on the basis of sex.

C. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42

U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial

Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act

(ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

D. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

7.5. CIVIL RIGHTS AND EQUAL EMPLOYMENT OPPORTUNITY

The City of Winchester is an Equal Opportunity Employer. As such, the City of Winchester agrees to comply with all applicable Federal civil rights laws and implemented regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the City of Winchester agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by

FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

A. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

B. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive

Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

C. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S.

Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in

Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42

U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the

Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

D. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29

U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

E. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

7.6. DISADVANTAGED BUSINESS ENTERPRISES (DBEs)

It is the policy of the Agency and the United States Department of Transportation (“DOT”) that

Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.

part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of…

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