846035pumpWinch.pdf

INVITATION TO BID

ITB-2026141

JEFFERSON STREET PUMP STATION REPLACEMENT

City of Winchester

Rouss City Hall 15 North Cameron Street

Winchester, VA 22601

RELEASE DATE: September 25, 2026

DEADLINE FOR QUESTIONS: October 19, 2026

RESPONSE DEADLINE: October 29, 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-2026141

Jefferson Street Pump Station Replacement

Friday, September 25, 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. CITY REQUIRED GENERAL TERMS AND CONDITIONS

VIII. GENERAL CONDITIONS

IX. SUPPLEMENTAL CONDITIONS TO GENERAL CONDITIONS

X. SPECIAL CONDITIONS

Attachments:

A - PERFORMANCE BOND & LABOR AND MATERIAL PAYMENT BOND

B - BID BOND

C - General Conditions

D - VDH Contract Insert Information

E - VDH Contract Insert 1 - MBE-WBE Compliance Checklist

F - VDH Contract Insert 2 - Instruction to Bidders-Offerors - DBE Requirements

G - VDH Contract Insert 3 - Bidder Certification Regarding EEO Compliance

H - VDH Contract Insert 4 - Subparts A-L

I - VDH Contract Insert 5 - MBE-WBE Utilization Reporting

J - VDH Contract Insert 6 - Small Purchase Procurement Requirements

K - VDH Contract Insert 7 - General Language for Advertisements - Postings

L - VDH Contract Insert 8 - Wage Determinations

M - VDH Contract Insert 9 - Davis-Bacon Payroll Certifications, Form WH-347

ITB #ITB-2026141

N - VDH Contract Insert 10 - AIS Initial Certification Statement

O - VDH Contract Insert 11 - AIS Waiver Request

P - VDH Contract Insert 12 - AIS Waiver Request Checklist

Q - VDH Contract Insert 13 - AIS Final Certification Statement

R - VDH Contract Insert 14 - Enhancing Public Awareness of DWSRF Assistance Agreements, Traditional

Signage Option

S - Technical Specs - Jefferson Street Pump Station Replacement

T - Plans - Jefferson Street Pump Station Replacement

U - Sample Intent to Award

V - Sample Notice to Proceed

W - Sample Contract

X - Sample Substantial Completion Letter

Y - Sample Change Order

Z - Sample Partial Pay Request

AA - ESCROW AGREEMENT

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 29,000.

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: construction of a new pump station including precast concrete building, controls, standby generator, site electrical, yard piping, security fencing, grading and paving. Work also includes relocating an existing fuel tank and demolition of existing facilities.

1.2. Contact Information

Project Contact:

Kelly Henshaw

Deputy Public Services Director & City Engineer

Email: kelly.henshaw@winchesterva.gov

Phone: (540) 773-1355

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 September 25, 2026 mailto:kelly.henshaw@winchesterva.gov tel:(540)773-1355 mailto:kelly.feltner@winchesterva.gov tel:(540)667-2083

Pre-Bid Conference (Non-Mandatory) October 6, 2026, 2:00pm

The Pre-Bid Meeting for this project will take place online via Microsoft TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjQ4YzM1ZDMtODNlNy00MT

U5LTk4MmUtMGZmZTljYmI0OWMz%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

Bidder Question Submission Deadline October 19, 2026, 5:00pm

Bids Due October 29, 2026, 2:00pm

The Bid-Opening for this project will take place online via Microsoft TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDNhMWVlN2EtZDcxMy00Z

DlkLThiY2UtOGFlMmU2NmVlNjE1%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_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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_MDNhMWVlN2EtZDcxMy00ZDlkLThiY2UtOGFlMmU2NmVlNjE1%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_MDNhMWVlN2EtZDcxMy00ZDlkLThiY2UtOGFlMmU2NmVlNjE1%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_MDNhMWVlN2EtZDcxMy00ZDlkLThiY2UtOGFlMmU2NmVlNjE1%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_MDNhMWVlN2EtZDcxMy00ZDlkLThiY2UtOGFlMmU2NmVlNjE1%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_MDNhMWVlN2EtZDcxMy00ZDlkLThiY2UtOGFlMmU2NmVlNjE1%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_MDNhMWVlN2EtZDcxMy00ZDlkLThiY2UtOGFlMmU2NmVlNjE1%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_MDNhMWVlN2EtZDcxMy00ZDlkLThiY2UtOGFlMmU2NmVlNjE1%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

Friday, September 25, 2026

Jefferson Street Pump Station Replacement

ITB-2026141

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:

Jefferson Street Pump Station Replacement

Work includes: construction of a new pump station including precast concrete building, controls, standby generator, site electrical, yard piping, security fencing, grading and paving. Work also includes relocating an existing fuel tank and demolition of existing facilities.

A non-mandatory pre-bid meeting will be held on Tuesday, October 6, 2026, at 2:00 pm. The Pre-Bid

Meeting for this project will take place online via Microsoft TEAMS at the following link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjQ4YzM1ZDMtODNlNy00MTU5LTk4MmUtMGZmZTljYmI0OWMz%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.

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 Monday, October 19, 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, October 29, 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. A Builder's Risk policy will also be required to be provided by the successful bidder.

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 Work to be performed under this Contract includes, but is not limited to, constructing the Work described below and all appurtenances related to the Work. The Work shall be as follows:

A. Construction of a new pump station including precast concrete building, controls, standby generator, site electrical, yard piping, security fencing, grading and paving. Work also includes relocating an existing fuel tank and demolition of existing facilities.

B. The full Scope of Work can be found in the Technical Specifications located in the Attachments section.

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) 773-1355.

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. VDOT 2020 Road & Bridge Specifications, or most recent Edition

B. 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. The bonds shall list the City of

Winchester, the Virginia Resources Authority, and U.S. Bank as additional insureds.

4.8. CONTRACT TIME

Contractor agrees that all work shall be completed within 610 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/287558/document?section=2771600 https://secure.procurenow.com/portal/winchesterva/projects/287558/document?section=2771594 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 at least three (3) unsigned counterparts of the Contract and all other Contract Documents. Within fifteen (15) days thereafter, Contractor shall sign and deliver at least three (3) counterparts of 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 in an amount equal to one hundred percent (100%) of the amount of the Contract, 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 100% of the amount of the Contract and shall list the City of Winchester, the Virginia Resources Authority, and U.S.

Bank as additional insureds.

4.20. ESCROW ACCOUNT FOR RETAINED FUNDS

Provided the Bid price exceeds $200,000.00 and subject to the provisions of Section 2.2-4334 of the

Virginia Public Procurement Act, the bidder shall have the option to request use of an escrow account procedure for utilization of funds retained by the City and may request use of this option by so indicating in the space provided on the Bid Form. If the Contractor elects to use the escrow account procedure, the "Escrow Agreement" form (Attachment AA) included with this bid shall be executed by the Contractor and submitted to the Purchasing Agent within fifteen (15) calendar days of notification by the City that its bid has been accepted. If the "Escrow Agreement" is not submitted within the fifteen

(15) day period, the Contractor shall forfeit such rights to the use of the escrow account procedure.

In order to have retained funds paid to an escrow agent, the Contractor, the escrow agent and the surety shall execute an Escrow Agreement form and submit same to the City for approval. The

Contractor's escrow agent shall be a trust company, bank or savings and loan institution with its principal office located in the Commonwealth of Virginia. The Escrow Agreement form shall contain the complete address of the escrow agent and surety, and an executed Escrow Agreement will be authority for the City Manager, or his designee, to make payment of retained funds to the escrow agent. After approving the Escrow Agreement, the City will pay to the escrow agent the funds retained as provided herein except that funds retained for lack of progress or other deficiencies on the part of the Contractor will not be paid to the escrow agent.

The escrow agent may, in accordance with stipulations contained in the Escrow Agreement, invest the funds paid into the escrow account and pay earnings on such investments to the Contractor or release the funds to the Contractor provided such funds are fully secured by approved securities. Retained funds invested and securities held as collateral for retainage may be released only as and when directed by the City Manager, or his designee. When the final pay application is released for payment, the City will direct the escrow agent to settle the escrow account by paying the Contractor or the City monies due them as determined by the City Manager, or his designee. The City reserves the right to recall retained funds and to release same to the surety upon receipt of written requests from the Contractor or in the event of default.

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. "FIN or FEI Number if Company, Corporation or Partnership*** (if individual, enter Social Security Number).*

*Response required

5.3. Virginia Contractor’s Registration Number*

*Response required

5.4. 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

5.5. Non-Collusion Affidavit*

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

• NON-COLLUSION_AFFIDAVIT.docx

*Response required

5.6. 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.”

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=ASIA47RIURE4MYB4IJ3U%2F20260925%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260925T130024Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjECUaCXVzLXdlc3QtMiJGMEQCIAhz6P5%2Bm%2BwVpQXRHsJVoYXByglDJJodfVf4CCpwwY%2F%2BAiBdKdudiJj9uDTWi0ovAJ7JWhOPpwBkAewe1flYtAqU0SqVBQju%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIMZrR7t%2Fls1L9Glx0WKukE8VTi5umxKKkWWaCMutYA6ZqoaadZYUhpw%2Fbk5GSpax5cCTzw6c6sY8bPHglF%2FxD2vxGjf0T2o5edCBHUOL0mIGrQdXdcUrjVUAzs00rqqWOQzvvjeyfIlwwJnvDim51kVhfAAqyBihr7sA1nTs8RRY%2BVU2eyzsvnuTYtmIzikkGhDgLwhgjUIABCDIWwu%2BK8CsRnbGu7RjsH24jGOj3RvbazqHz4xL2VNq1wZAGJxUNaAWAw6Rl%2BlrNPZIOtVkZB3CSuoBu%2F2w0HlDW%2BdxQGTWt2CWl8gIeKQY3IzOI8XDOSgzmFJ%2BSZtaNQJBxpUD1uy%2FQLZOa6wk2uQinyZy4Rj%2F7glIV2e3%2BTXLRWvzysb%2BfiprAzZwKA%2Fg6hMb43Nkg7VcCLI%2F5AEElQyoOV0xzhn6BLgLqfY6xONjKErb8v6HqDce8jk4mTAsVsp%2F0gTtBvaIHeOKoYe8ZfUCWlSWNquZxAvKquvMcJTsVBRGOnyXZFf4UhD2NJbyv9f2ITXHy4jD4LwLx%2F6uaU2iH%2Fgz%2FtYyNoEvAUE14PVQMcLIeEi6dwhxFMMN9l5Bru6clL0WiqvXwqdu3VJh9KqODUODD7l5P2QkYn8gqZVNdS%2F1%2BeLIWbxUPeNo4qELWTv3IHEJ82YfxnJTpLEO2DX0bGVAzscnr5rXw1o7bcObWlRvmlvBkLiqgiQMhbq%2FLIouGIREfwyCunDluAUzE6V%2FUKc5c2Hc1z2Ho%2FOup7rzhlFfkHGm7c5HXPdSbKb58Rnjpnqq5E8ZNTmYJDtcrKHqQgqeypOv6XCpINMeUwT%2BT1L6Bt8RFcyCaCKY38B0gwnM%2FZ1QY6mgF2AeYNDvt9ULpKqfqn5IAo2zBiBkUkz6l%2F6BT9%2FcYV5bPk0iQpeYzsAxnEqSnRTfRz5XUnLPO5SlRgQHDTeZsShOuxcY3uYTo3L9UqMSd9mmMJJ3SoOfux962T5GffUa6K0xl%2FJBb%2BkyIrMSf7zxhHJWwvlglKOaAxG9v1kDL3q6twnMTtZMgdmWh1wkvxicjsWLSl2E8foZZQ&X-Amz-Signature=3861c7a8d03abc4b9598074427547b330c331f0a7c937277b08ec8e55e25fd07&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=ASIA47RIURE4MYB4IJ3U%2F20260925%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260925T130024Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjECUaCXVzLXdlc3QtMiJGMEQCIAhz6P5%2Bm%2BwVpQXRHsJVoYXByglDJJodfVf4CCpwwY%2F%2BAiBdKdudiJj9uDTWi0ovAJ7JWhOPpwBkAewe1flYtAqU0SqVBQju%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIMZrR7t%2Fls1L9Glx0WKukE8VTi5umxKKkWWaCMutYA6ZqoaadZYUhpw%2Fbk5GSpax5cCTzw6c6sY8bPHglF%2FxD2vxGjf0T2o5edCBHUOL0mIGrQdXdcUrjVUAzs00rqqWOQzvvjeyfIlwwJnvDim51kVhfAAqyBihr7sA1nTs8RRY%2BVU2eyzsvnuTYtmIzikkGhDgLwhgjUIABCDIWwu%2BK8CsRnbGu7RjsH24jGOj3RvbazqHz4xL2VNq1wZAGJxUNaAWAw6Rl%2BlrNPZIOtVkZB3CSuoBu%2F2w0HlDW%2BdxQGTWt2CWl8gIeKQY3IzOI8XDOSgzmFJ%2BSZtaNQJBxpUD1uy%2FQLZOa6wk2uQinyZy4Rj%2F7glIV2e3%2BTXLRWvzysb%2BfiprAzZwKA%2Fg6hMb43Nkg7VcCLI%2F5AEElQyoOV0xzhn6BLgLqfY6xONjKErb8v6HqDce8jk4mTAsVsp%2F0gTtBvaIHeOKoYe8ZfUCWlSWNquZxAvKquvMcJTsVBRGOnyXZFf4UhD2NJbyv9f2ITXHy4jD4LwLx%2F6uaU2iH%2Fgz%2FtYyNoEvAUE14PVQMcLIeEi6dwhxFMMN9l5Bru6clL0WiqvXwqdu3VJh9KqODUODD7l5P2QkYn8gqZVNdS%2F1%2BeLIWbxUPeNo4qELWTv3IHEJ82YfxnJTpLEO2DX0bGVAzscnr5rXw1o7bcObWlRvmlvBkLiqgiQMhbq%2FLIouGIREfwyCunDluAUzE6V%2FUKc5c2Hc1z2Ho%2FOup7rzhlFfkHGm7c5HXPdSbKb58Rnjpnqq5E8ZNTmYJDtcrKHqQgqeypOv6XCpINMeUwT%2BT1L6Bt8RFcyCaCKY38B0gwnM%2FZ1QY6mgF2AeYNDvt9ULpKqfqn5IAo2zBiBkUkz6l%2F6BT9%2FcYV5bPk0iQpeYzsAxnEqSnRTfRz5XUnLPO5SlRgQHDTeZsShOuxcY3uYTo3L9UqMSd9mmMJJ3SoOfux962T5GffUa6K0xl%2FJBb%2BkyIrMSf7zxhHJWwvlglKOaAxG9v1kDL3q6twnMTtZMgdmWh1wkvxicjsWLSl2E8foZZQ&X-Amz-Signature=323ad616a8e5e8e5ba3fc586b21a69412863521f0637cc974ddced6f58cbaf84&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22NON-COLLUSION_AFFIDAVIT.docx%22&x-id=GetObject

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

Incurred Cost

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-2026141

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

*Response required

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

*Response required

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

*Response required

5.6.4. 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

5.6.5. 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

5.6.6. 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.

5.6.7. 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 $5,000,000 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

5.6.8. 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

5.6.9. Financial Statements*

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

*Response required

5.6.10. Subcontracting Restrictions*

The Prime Contractor shall perform or exercise responsibility for this contract with its own work force for at least 50% 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

5.6.11. 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

5.6.12. VDH Contract Inserts*

Please verify that you have downloaded and reviewed all applicable VDH forms located in the

Attachments section.

☐ Yes

☐ No

5.6.13. File Upload*

Bidders may use this area to upload required or relevant files as part of their bid response.

*Response required

5.6.14. Escrow Intent form

Please download the below documents, complete, and upload indicating intent to use Escrow Account for retained funds.

• ESCROW_INTENT_FORM.docx https://government-project.s3.us-west-2.amazonaws.com/287558/1d238021-c5bf-4f83-994c-db22f966d849_ESCROW_INTENT_FORM.docx

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 LS

2 Pump Station Construction 1 LS

3 Rock Excavation 450 CY

4 Additional Excavation 25 CY

5 Backfill with VDOT 21A Stone 25 CY

6 Backfill with Common Fill 25 CY

TOTAL

7. CITY REQUIRED GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are required for all sealed and unsealed written or verbal solicitations issued by the City of Winchester for procurements that are subject to the Winchester City

Code unless changed, deleted or revised by the City Attorney.

7.1. APPLICABLE LAWS AND COURTS

This solicitation and any resulting contract shall be governed by the laws of the Commonwealth of

Virginia. Any dispute arising from the performance or non-performance of this Agreement shall be resolved or otherwise litigated in the Circuit Court for the City of Winchester, Virginia or the Fourth

Circuit Federal District Court in Harrisonburg, Virginia. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute following the Winchester City Code, Chapter 21-61. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

7.2. ANTI-DISCRIMINATION

By submitting their (bids/proposals), (bidders/offerors) certify to the City of Winchester that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair

Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

A. During the performance of this contract, the contractor agrees as follows:

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

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

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

B. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

7.3. ETHICS IN PUBLIC CONTRACTING

By submitting their (bids/proposals), (bidders/offerors) certify that their (bids/proposals) are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other (bidder/offeror), supplier, manufacturer or subcontractor in connection with their

(bid/proposal), and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment,…