849643dredVab.pdf

City of Virginia Beach Annual Renewable Indefinite Quantity Construction Contract For Mechanical

Dredging and Maintenance of Navigable Waterways and Channels

Bid Number: COVB-27-101722

Date: 09-23-2026

Prepared by:

Public Works Engineering

Coastal Engineering

Revised June 16, 2026

Table of Contents

DIVISION I

GENERAL PROVISIONS

SECTION 101 - Definitions of Abbreviations, Acronyms, and Terms

101.1 - Abbreviations and Acronyms

101.2 - Terms

SECTION 102 - Bidding Requirements and Conditions

102.1 - Advertisement for Bid

102.2 - Instructions to Bidder

102.3 - Bid Proposal/Contract

102.4 - Schedule of Prices

SECTION 103 - Award and Execution of the Contract

103.1 - Instructions to Successful Bidder

103.2 – Contractor Performance Evaluation (CPE)

103.3 - Questionnaire

103.4 - Contract Performance Bond

103.5 - Contract Payment Bond

103.6 - Contractor's Certificate of Insurance

SECTION 104 - Scope of Work

104.1 - Intent of Contract

104.2 - Alteration of Quantities or Character of Work

104.3 - Differing Site Conditions

104.4 - Maintenance During Construction

104.5 - Removing and Disposing of Structures and Obstructions

SECTION 105 - Control of Work

105.1 - Authority of Engineer (N/A)

105.2 - Plans and Working Drawings

105.3 - Conformity with Contract Documents

105.4 - Furnishing and Erecting Precast Structures

105.5 - Coordination of Contract Documents.

105.6 - Cooperation by Contractor

105.7 - Cooperation with Regard to Utilities

105.8 - Cooperation Among Contractors

105.9 - Holidays

105.10 - Construction Stakes, Lines and Grades

105.11 - Authority and Duty of Inspector

105.12 - Inspection of Work

105.13 - Removal of Unacceptable and Unauthorized Work

105.14 - Size and Weight Limitations

105.15 - Acceptance

SECTION 106 - Control of Material

106.1 - Source of Supply and Quality Requirements

106.2 - Material Inspection

106.3 - Local Material Sources (Pits and Quarries)

106.4 - Disposal Areas

106.5 - Rights to and Use of Materials Found on Project

106.6 - Samples, Tests, and Cited Specifications

106.7 - Plant Inspection

106.8 - Storing Materials

106.9 - Handling Materials

106.10 - Unacceptable Materials

106.11 - Material Furnished by the Owner

SECTION 107 - Legal Relations and Responsibility to the Public

107.1 - Laws to be Observed

107.2 - Permits, Certificates, and Licenses Obtained

107.3 - Patented Devices, Materials, and Processes

107.4 - Restoration of Work Performed by Others

107.5 - Federal-Aid Provisions

107.6 - Sanitary Provisions

107.7 - Public Convenience and Safety

107.8 - Railway - Highway Provisions

107.9 - Construction Over or Adjacent to Navigable Waters

107.10 - Barricades and Warning Signs

107.11 - Use of Explosives

107.12 - Protecting and Restoring Property and Landscape

107.13 - Responsibility for Damage Claims

107.14 - Environmental Stipulations

107.15 - Opening Sections of Projects to Traffic

107.16 - Contractor's Responsibility for Work

107.17 - Contractor's Responsibility for Utility Property and Services

107.18 - Furnishing Right-of-way

107.19 - Personal Liability of Public Officials

107.20 - No Waiver of Legal Rights

107.21 - Notifying the Public

SECTION 108 - Prosecution and Progress of Work

108.1 - Subcontracting

108.2 - Notice to Proceed

108.3 - Prosecution of Work

108.4 - Critical Materials

108.5 - Limitation of Operations

108.6 - Gratuities

108.7 - Character of Workers, Work Methods, and Equipment

108.8 - Progress Schedule

108.9 - Determination and Extension of Contract Time Limit

108.10 - Suspension of Work Ordered by the Owner

108.11 - Liquidated Damages – N/A

SECTION 109 - Measurement and Payment

109.1 - Measurement of Quantities

109.2 - Plan Quantities

109.3 - Scope of Payment

109.4 - Compensation for Altered Quantities (N/A)

109.5 - Extra Work

109.6 - Eliminated Items

109.7 - Partial Payment

109.8 - Payment for Material on Hand

109.9 - Final Payment

109.10 - Warranty/Guarantee

CITY OF VIRGINIA BEACH SWAM CERTIFIED-SMALL BUSINESS

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

DIVISION II - VIII

See City of Virginia Beach Standard Amendments to the 2020 VDOT Road and Bridge Specifications Available for download online: https://pw.virginiabeach.gov/bids/standards-specifications

DIVISION IX

Supplemental Specifications

City of Virginia Beach Mandatory Specification:

Contractor Performance Evaluation (CPE) Form CPE-1 through CPE-7

Revised April 12, 2021 Section 101 Page 1 of 8

SECTION 101 - DEFINITIONS OF ABBREVIATIONS, ACRONYMS,

AND TERMS

SECTION 101.01 - ABBREVIATIONS AND ACRONYMS

In the project manual and in other contract documents, the following abbreviations and acronyms shall be interpreted as follows:

AAN American Association of Nurserymen, Inc.

AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ABS Acrylonitrilebutadienestyrene(an elastomer) AC Alternating current ACI American Concrete Institute ADT Annual average daily traffic AED Associated Equipment Distributors AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute; American Pipe Institute AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM. American Society for Testing and Materials AWG American wire gage AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association

CBR California bearing ratio CRSI Concrete Reinforcing Steel Institute

DBE Disadvantaged Business Enterprise DC Direct current DHV Design Hourly Volume

EEI Edison Electric Institute EEO Equal employment opportunity EIA Electronic Industries Association EPA Environmental Protection Agency EPDM Ethylenepropylenedienemonomer(anelastomer)

F/A Filler/asphalt ratio FHWA Federal Highway Administration FS Federal Specifications, General Services Administration

ICEA Insulated Cable Engineers Association IMSA International Municipal Signal Association ITE Institute of Transportation Engineers

Revised April 12, 2021 Section 101 Page 2 of 8

LCD Liquid crystal display LPG Liquid petroleum gas

MBE Minority Business Enterprise MEKP Methyl ethyl ketone peroxide MIL Military specifications MSDS Materials Safety Data Sheet MUTCD Manual on Uniform Traffic Control Devices for Streets and Highways and the Virginia supplement to same NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRC Nuclear Regulatory Commission

PCI Prestressed Concrete Institute PE Polyethylene PSC Product Selection Committee PTL Plywood Testing Laboratory PVC Polyvinylchloride PVF Polyvinyl fluoride

REA Rural Electrification Administration

SAE Society of Automotive Engineers SPIB Southern Pine Inspection Bureau SSPC Steel Structures Painting Council

TAPPI Technical Association of Pulp and Paper Industry TFE Polytetrafluoroethylene

UL Underwriters' Laboratories, Inc.

VAC Volts alternating current VDC Volts direct current VDOT Virginia Department of Transportation VEP Value engineering proposal VFA Voids filled with asphalt VMA Voids in mineral aggregate VTM Virginia Test Methods; voids in total mix

WBE Women Business Enterprise

Revised April 12, 2021 Section 101 Page 3 of 8

SECTION 101.02 - TERMS

In the project manual and in other contract documents, the following terms and pronouns used in place of them shall be interpreted as follows:

Addendum. The modification of the bid documents issued in writing by the Owner prior to the opening of the bids.

Advertisement, Notice of. A public announcement, as required by law, inviting bids for work to be performed or materials to be furnished that indicates approximate principal quantities, location of work to be performed, character and quantity of materials to be furnished, and time and place for opening bids.

Alkali soil. Soil in which total alkali chlorides calculated as sodium chloride are more than 0.10 percent based on total solids.

Approved equal. Products, material, and other methods determined by the Owner, to meet or exceed the minimum requirements of the Contract Documents.

Award. The decision of the Owner to accept the bid of the lowest responsive and responsible bidder for the work.

Award date. The date on which the decision is made by the Owner to accept the bid of the lowest responsive and responsible bidder.

Backfill. Material used to replace or the act of replacing material removed during construction; may also denote material placed or the act of placing material adjacent to structures.

Balance point. The approximate point, based on estimated shrinkage or swell, where the quantity of earthwork excavation and borrow, if required, is equal to the quantity of embankment material plus any surplus excavation material.

Base course. A layer of material of specified thickness on which the intermediate or surface course is placed.

Bid. The offer of a bidder to perform the work and furnish the materials and labor at the prices set forth therein.

Sometimes referred to as "Proposal".

Bid Documents. Documents utilized by the bidder to formulate the Bid.

Bid Proposal/Contract. The form utilized by the Contractor to submit a Bid and upon execution by the Owner constitutes the Contract between the Owner and Contractor.

Bidder. Any individual, partnership, corporation, or joint venture that formally submits a bid for the work contemplated, or for any portion thereof, acting directly or through a duly authorized representative.

Borrow. Suitable material from sources outside the project limits.

Brackish water. Water in which total alkali chlorides calculated as sodium chloride are more than 0.10 percent based on total solids.

Bridge. A structure, including supports, that is erected over a depression or an obstruction, such as water, a highway, or a railway, that has a track or passageway for carrying traffic.

Calendar day. Any day shown on the calendar.

Camber. A vertical curvature induced or fabricated into beams or girders and a deck slab or slab span formwork; a vertical curvature set in the grade line of a pipe culvert to accommodate differential settlement.

Channel. A water course or drainage way.

Complete-in-place. Work which fully conforms to all requirements of the Contract Documents.

Revised April 12, 2021 Section 101 Page 4 of 8

Construction limits. The intersection of side slopes, including slope rounding, with the original ground, plus slopes for drainage ditches or incidental construction.

Contract Documents. The Bid Documents, Addenda issued prior to Bid date, Change Orders and Formal Notifications issued after Owner execution of the Bid Proposal/Contract.

Contract pay item. A specifically described unit of work for which a price is provided in the Contract Documents.

Contract time limit. The number of calendar days or calendar date that specifies the time allowed for completion of the work described in the Contract Documents, including authorized extensions.

Contractor. Any individual, partnership, corporation, or joint venture that contracts with the Owner to perform the prescribed work.

Cul-de-sac. An area at the terminus of a dead-end street or road that is constructed for the purpose of allowing vehicles to turn around.

Culvert. A structure that is not classified as a bridge which provides an opening under any roadway.

Cut. The portion of a roadway formed by excavating below the surface of the earth.

Day. Unless otherwise stated, a calendar day.

Deflection. The vertical movement occurring between the supports of a bridge superstructure or its components (beams, girders, and slabs) that results from their own weight and from dead and live loads. Although all parts of a structure are subject to deflections, usually only those deflections that occur in the superstructure are of significance during construction.

Department. City of Virginia Beach; Owner.

Disincentive. A monetary deterrent used to discourage the Contractor from exceeding the contract time limit.

Disposable material. Material generally found to be unsuitable, or material that is surplus.

Disposal areas. Areas generally located off the project right of way where unsuitable or surplus material is deposited.

Drainage ditch. An artificial depression constructed to carry off surface water.

Earthwork. The work consisting of grubbing, drainage, excavation, borrowing, grading, placing rock, and preparing subgrades.

Easement (Right of way). A grant of the right to use property for a specific use.

Embankment. A structure of soil, soil aggregate, or broken rock between the existing ground and subgrade.

Employee. Any person working on the project specified in the Contract Documents who is under the direction or control of or receives compensation from the Contractor or subcontractor.

Equipment. Machinery, tools, and other apparatus, together with the necessary supplies for upkeep and maintenance, that are necessary for acceptable completion of the work.

Extra work. An item of work that is not provided for in the Contract Documents as awarded but that is found to be essential to the satisfactory fulfillment of the Contract within its intended scope.

Falsework. A framework of wood or steel used to support forms for the construction of concrete or provide temporary support for structural units during the construction or reconstruction of permanent supports.

Revised April 12, 2021 Section 101 Page 5 of 8

Federal agencies or officers. An agency or officer of the federal government and any agency or officer succeeding in accordance with law to the powers, duties, jurisdictions, and authority of the agency or officer mentioned.

Formwork. A temporary structure or mold used to retain the plastic or fluid concrete in its designated shape until it hardens.

Frontage street or road. A local street or road auxiliary to and located on the side of a highway for service to abutting property and adjacent areas and control of access.

Gage. U.S. Standard Gage.

Grade separation. Any structure that provides a traveled way over or under another traveled way or stream.

Highway. The entire right-of-way reserved for use in constructing or maintaining the roadway and its appurtenances.

Holidays. The days specifically set forth in Section 105.09.

Incentive. A monetary amount used to encourage the Contractor to complete work prior to the time limit specified in the Contract.

Inspector. The Owner's authorized representative who is assigned to make detailed inspections of the quality and quantity of the work and its conformance to the provisions of the Contract Documents.

Invert. The lowest point in the internal cross section of a pipe or other drainage structure.

Joint venture. Two or more individuals, partnerships, corporations, or combinations thereof that join together for the purpose of bidding on and constructing a project.

Laboratory. Any testing laboratory that may be designated by the Owner.

Liquidated damages. Compensation to the Owner for delays caused by Contractor, beyond the Contract Time Limit.

Material. Any substance that is used in the work specified in the Contract Documents.

Median. The portion of a divided highway that separates the traveled ways.

Notice to Proceed. A written notice to the Contractor that advises him of the date on which prosecution of the work shall begin.

Owner. City of Virginia Beach.

Pavement structure. The combination of subbase, base, and surface courses that is placed on a subgrade to support the traffic load and distribute it to the roadbed.

Phase inspection. The inspection of work at predetermined stages in lieu of continuous inspection.

Prebid conference. The scheduled event at which the Owner's representative meets with prospective bidders to describe and answer questions regarding the proposed work.

Profile grade. The line of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal center line of the roadbed.

Project. The work specified to be performed in the Contract Documents.

Project Drawings/Plans. The approved plans and standard drawings, profiles, typical cross sections, computer output listings, supplemental drawings or exact reproductions thereof, and all subsequent approved revisions thereto that show the location, character, dimensions, and details of the work specified in the Contract Documents.

Revised April 12, 2021 Section 101 Page 6 of 8

Project Limits. Area depicted on the project drawings for the Contractor's use in construction of the project.

Project Manual. The document prepared by the Owner for prospective bidders that describes the work for which bids will be accepted; includes the official form on which the Owner requires bids to be submitted for the work described.

Ramp. A connecting roadway between two highways or traveled ways or between two intersecting highways at a grade separation.

Right of way. A general term denoting land, property, or interest therein, usually in a strip, that is acquired for or devoted to transportation facilities but is not meant to denote the legal nature of Ownership.

Road/Street. A general term denoting a public way for purposes of vehicular travel including the entire area within the right-of-way; the entire area reserved for use in constructing or maintaining the roadway and its appurtenances.

Roadbed. The graded portion of a highway within the top and side slopes that is prepared as a foundation for the pavement structure and shoulders.

Roadbed material. The material below the subgrade in cuts, embankments, and embankment foundations that extends to a depth which affects the support of the pavement structure.

Roadside. A general term that denotes the area within the right of way that adjoins the outer edges of the roadway;

extensive areas between the roadways of a divided highway.

Roadside development. Items that are necessary to complete a highway that provides for the preservation of landscape materials and features; rehabilitation and protection against erosion of areas disturbed by construction through placing seed, sod, mulch, and other ground covers; and such suitable plantings and other improvements as may increase the effectiveness and enhance the appearance of the highway.

Roadway. The portion of a highway within the limits of construction and all structures, ditches, channels, and waterways that are necessary for the correct drainage thereof.

Sea water. Water in which total alkali chlorides calculated as sodium chloride are more than 0.10 percent of total solids.

Select borrow. Borrow material that has specified physical characteristics.

Select material. Material obtained from roadway cuts, borrow areas, or commercial sources that is designated or reserved for use as a foundation for the subbase, subbase material, shoulder surfacing, or other specified purposes.

Shop drawings. Fabrication, erection and setting drawings; manufacturers' standard drawings; schedules, descriptive literature, catalogs, brochures; performance and test data; wiring and control diagrams and all other descriptive data pertaining to the materials and equipment as required to demonstrate compliance with the contract documents.

Shoulder. The portion of the roadway contiguous with the traveled way that is for the accommodation of stopped vehicles, emergency use, and lateral support of the base and surface courses.

Sidewalk. The portion of the roadway constructed primarily for use by pedestrians.

Skew. The acute angle formed by the intersection of a line normal to the center line of the roadway with a line parallel to the face of the abutments or, in the case of culverts, with the center line of the culverts.

Special provision. A document that sets forth specifications or requirements for a particular project.

Special provision copied note/supplemental specification. A document that sets forth specifications or requirements, usually limited in scope, for a particular project.

Revised April 12, 2021 Section 101 Page 7 of 8

Specialty item. An item of work designated as "Specialty Item" in the proposal that is limited to work which requires highly specialized knowledge, craftsmanship, or equipment that is not ordinarily available in contracting organizations and is usually limited to minor components of the overall Contract Documents.

Specifications. A general term that includes all directions, provisions, and requirements contained in the Project Manual (to include the VDOT "Road and Bridge Specifications", Divisions II thru VII, dated January 2016, as amended in the City of Virginia Beach Amendments to the VDOT "Road and Bridge Specifications," Divisions II

- VII, dated October 1, 2017, the 2016 edition of the Virginia Department of Transportation "Road and Bridge Standards" and those that may be added or adopted as special provisions, or special provision copied notes, or supplemental specifications.

Standard drawings. Applicable drawings in VDOT's "Road and Bridge Standards," Owner Standard Details, and such other standard drawings as are referred to in the Contract Documents.

State. Commonwealth of Virginia.

Station. When used as a definition or term of measurement, 100 linear feet.

Structures. Bridges, culverts, catch basins, inlets, retaining walls, cribs, manholes, end walls, pump stations, buildings, steps, fences, sewers, service pipes, underdrains, foundation drains, and other features that may be encountered in the work and are not otherwise classed herein.

Subbase. A layer(s) of specified or selected material of designed thickness that is placed on a subgrade to support a base course.

Subcontractor. Any individual, partnership, corporation, or joint venture to whom the Contractor subcontracts part of the work.

Subgrade. The top surface of a roadbed shaped to conform to the typical section on which the pavement structure and shoulders are constructed.

Subgrade stabilization. The modification of roadbed soils by admixing with stabilizing or chemical agents that will increase the load bearing capacity, firmness, and resistance to weathering or displacement.

Substructure. The part of a structure that is below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, together with the back walls, wingwalls, and wing protection railings.

Superintendent. The executive representative of the Contractor who is authorized to receive and fulfill instructions from the Owner and who supervises and directs the construction. The role of the superintendent cannot be assigned to any subcontractor or anyone not in the direct employment of the Contractor.

Superstructure. The portion of a structure that is not defined as substructure.

Surety. A corporate entity bound with and for the Contractor for full and complete fulfillment of the Contract and for payment of debts pertaining to the work.

Surface course. One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and disintegrating effects of weather. The top layer is sometimes called the wearing course.

Surplus material. Material that is present on a project as a result of unbalanced earthwork quantities, excessive swell, slides, undercutting, or other conditions beyond the control of the Contractor.

Suspension. A written notice issued by the Owner to the Contractor that orders the work on a project to be stopped wholly or in part as specified. The notice will include the reason for the suspension.

Temporary structure. Any structure that is required to maintain traffic while permanent structures or parts of structure specified in the Contract Documents are constructed or reconstructed. The temporary structure shall include earth approaches.

Revised April 12, 2021 Section 101 Page 8 of 8

Ton. A short ton; 2,000 pounds avoirdupois.

Top of earthwork. The uppermost surface of the excavation, exclusive of select material, that is shaped to conform with the typical section.

Traveled way. The portion of the roadway for the movement of vehicles, exclusive of shoulders.

Unsuitable material. Material designated, by the Owner, to be unsuitable for the purpose intended.

Vouchered. The action of approval by the Owner; constitutes the date of release to the Department of Finance for payment.

Work. The furnishing of all materials, labor, tools, equipment, and incidentals necessary or convenient for the successful completion of the project and the carrying out of the duties and obligations specified in the Contract Documents.

Working drawings. Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data the Contractor is required to submit to the Owner for review.

Work Order. A written order, issued by the Owner to the Contractor, that upon execution by the Owner and Contractor, establishes the Work to be performed.

Revised June 16, 2026 Section 102 Page 1 of 20

SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS

SECTION 102.01 - ADVERTISEMENT FOR BID

PROJECT: Annual Renewable Indefinite Quantity Construction Contract for Mechanical

Dredging and Maintenance of Navigable Waterways and Channels

CIP: N/A

CITY OF VIRGINIA BEACH, VIRGINIA, BID NUMBER:

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

RECEIPT OF BIDS:

All bids must be time stamped no later than 3:00 p.m. (local time), by the Office of the Purchasing Agent, in the Purchasing Division, 2401 Courthouse Drive, Building One, 3rd Floor, STE 3097, Virginia Beach, VA 23456. Bids time stamped 3:01 p.m. or later will not be considered and will be returned unopened to the prospective bidder. The remaining bids will be publicly opened and read aloud thereafter.

Questions regarding the referenced bid documents should be submitted to Amanda Garbarino at agarbarino@vbgov.com. The closing date for questions is November 2, 2026 by 5:00 P.M.

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

The work includes but is not limited to mechanical dredging in navigable waterways and channels resulting in an indefinite quantity of dredged material. Projects will be located throughout the City. Dredged material will be transferred to a City owned dredged transfer material facility and truck hauled to be deposited at a City owned DMMA. Work will include mobilization and demobilization, mechanical dredging, removal and replacement of daymarkers and buoys.

A pre-bid conference will be held on October 1, 2026 at 10:00 am at the Purchasing Division, 2401 Courthouse Drive, Building One, 3rd Floor, Virginia Beach, VA 23456.

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

November 12, 2026

Revised June 16, 2026 Section 102 Page 2 of 20

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

THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH

BASED ORGANIZATIONS.

Bids delivered to:

City of Virginia Beach Building One, Finance Department 2401 Courthouse Drive, STE 3097 Virginia Beach, VA 23456

If you are physically disabled or visually or hearing impaired and need assistance in obtaining or inspecting the bid documents, please call the Purchasing Agent's Office at 757-385-4438. For hearing impaired dial 711.

Purchasing Specialist

Revised June 16, 2026 Section 102 Page 3 of 20

SECTION 102.02 - INSTRUCTIONS TO BIDDER

The Owner, in making copies of Bid Documents available does so only for the purpose of obtaining Bids for the work and does not confer or license or grant permission for any other purpose.

A. Deposit Refund. A full refund will be made to bonafide bidders for sets returned within ten days after bid opening, in good, unmarked and complete condition.

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

1. Modifications or withdrawal of proposals filed with the Owner may be made only by a representative of the firm submitting the bid, who must appear in person prior to the time designated in the advertisement for receipt of bids. Such representative must furnish satisfactory identification and proof that they are authorized to make changes. Telegraphic or facsimile notices will not be considered. Additions and/or deletions marked on the outside of the proposal envelope will not be considered.

C. Withdrawal of Bids After Bid Opening:

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

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

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

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

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

Revised June 16, 2026 Section 102 Page 4 of 20

D. Bid Security:

1. Each bid shall be accompanied by a bidder's bond issued by a company authorized and licensed to transact business as surety in the State of Virginia, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to the Treasurer, City of Virginia Beach, Virginia. Upon City Attorney approval, in accordance with Section 2.2-4338, Code of Virginia, 1950, as amended, a bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds for the amount required for the bid bond. The bid bond shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the bidder that if the bid is accepted, the bidder shall execute the contract. All other bid security shall be returned after 90 days from opening of bids.

E. Certification and Licensing of Bidders:

1. Bidders are required under Section 54.1-1100, Code of Virginia, 1950, as amended, to show evidence of certification or licensing by the State Board for Contractors before any bid may be received and considered.

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

F. Definition of Bid Documents:

1. Bid documents include the project manual, and all references therein, project drawings, all addenda issued prior to bid date, the Virginia Department of Transportation 2016 "Road and Bridge Specifications", Divisions II thru VII, as amended in the City of Virginia Beach Amendments to the Virginia Department of Transportation 2016 "Road and Bridge Specifications," Divisions II - VII, dated October 1, 2017, the 2016 edition of the Virginia Department of Transportation "Road and Bridge Standards", the City Ordinance entitled "Erosion, Sedimentation Control and Tree Protection", as amended, and the Virginia Soil and Water Conservation Commission "Virginia Erosion and Sediment Control Handbook" as amended, the "Manual of Uniform Traffic Control Devices" published by the U.S. Department of Transportation, Federal Highway Administration as amended, Virginia Department of Transportation Work Area Protection Manual, as amended, and the "City of Virginia Beach, Department of Public Utilities, Standard Details", as amended, and the “City of Virginia Beach, Department of Public Works, Specifications and Standards", as amended.

Revised June 16, 2026 Section 102 Page 5 of 20

2. Enumeration of Bid Documents

Project Manual for the Construction of Annual Renewable Indefinite Quantity Construction Contract for Mechanical Dredging and Maintenance for Navigable Waterways and Channels

CIP: N/A

Bid Number:

Project Drawings:

Sheet No. Title Date N/A

G. Bidders Representation:

1. Each bidder by making his bid represents that:

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

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

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

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H. Proposals:

1. Proposals must be made in strict accordance with the "Bid Proposal/Contract" form. All blank spaces for bids, and unit prices shall be properly filled in without any lineation’s, alterations or erasures.

The failure to provide the bid tabulation including ALL UNIT PRICES shall result in the bid being declared NON-RESPONSIVE. Each proposal must be signed and notarized with full name and physical address of bidder. If a joint venture, a member of the firm with name in full of each member, and if a corporation, by an officer of corporation, in corporate name with corporate seal to such signature.

a. Electronic Signatures: In lieu of a handwritten signature and notarization, the Bidder may execute the “Bid Proposal/Contract” form using a verified electronic signature applied through DocuSign. When a proposal is executed using such an electric signature, no notarization shall be required, and the electronic signature shall be deemed legally binding and fully enforceable for all purposes under this section. All other requirements of this section, including completion of all bid tabulations and unit prices, shall remain in full force and effect.

2. Proposals shall be addressed as in Advertisement for Bid and shall be delivered enclosed in an opaque, sealed envelope and clearly marked as stipulated below:

Contractor's name:

Contractor's address:

"Bid Proposal/Contract for CIP , Construction of , City of Virginia Beach, Virginia, Bid No. .

"Virginia Contractor License/Certification No. , Class "

This bidder is/is not in possession of a current City of Virginia Beach business license.

This bidder hereby acknowledges receipt of addenda No to inclusive.

I. Bulletins, Addenda and Interpretation:

1. Should bidder find discrepancies and/or ambiguities in or omissions from the bidding documents, or should he be in doubt as to their meaning, he should at once Notify the Owner in writing, who will provide clarification in the form of an addendum. Prior to submitting a bid, it shall be bidder's responsibility to make inquiry as to addenda issued.

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

J. Gifts by Bidder, Contractors or Subcontractors:

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

K. Kickbacks:

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

2. No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. No person shall demand or receive any payment, loan subscription, advance deposit of money, services

Revised June 16, 2026 Section 102 Page 7 of 20 or anything of value in return for an agreement not to compete on a public contract.

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

L. SWaM Certified-Small Business Participation Efforts:

It is the policy of the City of Virginia Beach to encourage the equitable participation of vendors in City Contracting.1.

To encourage contracting with minority owned vendors, the City Council adopted a 12% minority contracting aspirational goal. To encourage contracting with woman-owned, minority-owned, service-disabled veteran-owned businesses, and small businesses, the City Council adopted the Small Business Enhancement Program, which was most recently updated April 22, 2014. See City Code §2-224.1, et seq.

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

3. Outreach. Bidders are strongly encouraged to ask for an outreach list on any bid. Such a list will provide the SWAM-certified Small Businesses in the relevant industry sectors located within 50 miles of the City.

Additionally, if a pre-bid meeting is held, the staff of the Purchasing division will provide resources for locating SWAM-certified Small Businesses.

4. Required Submittals:

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

b. As a matter of responsiveness, a bidder that intends to subcontract shall include a “Small Business Subcontracting Participation Plan” (the “Plan”) on the form provided by the City. This form is:

CVAB-E2. This form provides: the amount of the bid to be subcontracted, the amount of the subcontracting work that will be performed by SWAM-certified Small Businesses, the name (and SWAM certification #) of proposed SWAM subcontractors, the nature of the work to be performed by the SWAM subcontractors, and the estimated dollar amount to be paid to each SWAM subcontractor, including minority-owned vendors. If the bidder intends to self-perform all of the work, the bidder is not required to include the Plan; however, the bidder is strongly advised to affirmatively state its intent to self-perform, if applicable. Also, to be included with the Plan is documentation providing the Good Faith Participation Efforts undertaken by the bidder. See sections 5 and 6 for the substantive requirements of the Plan and the Good Faith Participation Efforts.

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

Revised June 16, 2026 Section 102 Page 8 of 20

6. Determination of Sufficiency of Good Faith Participation Efforts. When the Plan does not provide the required 50% SWAM subcontracting participation, the Purchasing Agent will render a decision as to whether the materials submitted with the bid indicate the bidder made Good Faith Participation Efforts. The following factors are relevant to such determination: (1) what steps the bidder has taken to solicit and negotiate subcontracting bids from SWAM-certified small businesses; (2) whether the bidder utilized the City outreach list, if applicable; (3) Whether the bidder debundled or right-sized project components to allow for meaningful small business participation; (4) whether the bidder provided assistance in bonding insurance, equipment, supplies, or other assistance or services aimed at encouraging small business subcontracting; (5) whether the bidder has taken other steps to identify and engage small businesses that would be willing and able to perform the subcontracted work; and (6) whether the efforts undertaken by the bidder appear to be reasonably calculated to lead to the maximization of SWAM-certified Small Businesses.

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

8. Required Reporting, Penalties. The Contractor shall be required to provide the City with monthly updates as to payments made to subcontractors listed on the Plan. This form is: CVAB-E. The City will review such updates and track the Contractor’s progress toward fulfilling obligations to engage the subcontractors listed on the Final Plan. Prior to final payment, the Contractor shall submit a report detailing SWAM subcontractor usage. Pursuant to City Code §2-224.8, final payment may be withheld if the Contractor fails to submit the required documentation.

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

M. Posting of Intent to Award Notices:

All notices of intent to award for all Invitations to Bid will be publicly posted at www.virginiabeach.gov/purchasing http://www.virginiabeach.gov/purchasing

Revised June 16, 2026 Section 102 Page 9 of 20

SECTION 102.03 - BID PROPOSAL/CONTRACT

Bid NO:

DATE:

PROJECT: Annual Renewable Indefinite Quantity Construction Contract for Mechanical Dredging and Maintenance for

Navigable Waterways and Channels

CONTRACTOR:_____________________________________

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

THE FOLLOWING PROPOSAL is hereby made to the City Purchasing Agent of the City of Virginia Beach, Virginia.

The Contractor hereby proposes and agrees to furnish all materials and equipment, and to perform all the labor required to complete the Project in a substantial and workmanlike manner and in strict conformity with the Bid Documents for the sum of $ Dollars. Which shall be hereinafter referred to as the BASE BID. The BASE BID is in accordance with the prices set forth in the Schedule of Prices attached and is based on the estimate of quantities shown. Any additions or deletions to the estimated quantities shown will revise the BASE BID accordingly. The project shall be performed to the full and entire satisfaction of the Owner.

The undersigned has read and understands the Bid Documents and his Bid is in accordance therewith. The undersigned also understands that all the quantities shown herein are for the sole purpose of establishing the Base Bid. Upon determination of the lowest responsive and responsible bidder the Contract limit will be $4,000,000.00 for the first year term, and if extended, $4,000,000.00 , for the second year term, and if extended, $4,000,000.00 for the third year term, and if extended, $4,000,000.00 for the fourth year term, and if extended , $4,000,000.00 for the fifth year term. The unit prices will be utilized for all work and the actual quantities will be established by work orders.

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

The undersigned hereby acknowledges receipt of the following addenda:

Addendum Number Dated

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

Revised June 16, 2026 Section 102 Page 10 of 20

A. Term of Contract:

1. This is an annual renewable indefinite quantity construction contract. The first one year term will begin upon contract execution by the City and will end 365 calendar days thereafter. Upon mutual agreement between the Owner and the Contractor, the contract may be renewed for four optional one year terms (365 days each). A new certificate of insurance and new performance and payment bonds will be required for the second, third, fourth, and fifth year terms. The Contractor agrees to begin work within ten calendar days after the date of Notice to Proceed is given to it by the Owner, and that it will carry out the work with such force, and in such manner and order, and at such time and seasons as it may be directed by the Owner, and further that it will fully and entirely perform this Contract, and all work incident thereto, before the expiration of 365 consecutive calendar days. Time is of the essence in this Contract. The Contractor expressly acknowledges that in the performance of its obligations, the Owner is relying on timely performance and will schedule operations and incur obligations to third parties in reliance upon timely performance by the Contractor and may sustain substantial losses by reason of untimely performance.

B. Schedule of Payment:

1. Formal written applications which have been approved will be paid within 30 days of receipt by the Owner.

C. Termination of Contractor's Responsibilities:

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

D. Non-Appropriation -Availability of Funds

1. It is understood and agreed between parties hereto that the Owner shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Contract. In the event funds are not appropriated and budgeted in any fiscal year for payments due under this Contract, the Owner shall immediately notify the Contractor of such occurrence and this Contract shall terminate on the last day of the fiscal year for which (an) appropriation(s)…