852192curbNN.pdf

INVITATION FOR BIDS

IFB No. 27-1194-6256

Title: DENBIGH BOULEVARD SIDEWALK FROM OLD DENBIGH

BOULEVARD TO WOODSIDE LANE

Issue Date: November 2, 2026

Bids Due: December 7, 2026 at 2:00 pm

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

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

Contracting Officer: Kersha Aerga, Procurement Manager aergake@nnva.gov

Assistant: Natalie Minton, Procurement Services Specialist mintonnm@nnva.gov

Office of Purchasing

City of Newport News

2400 Washington Avenue, 4th Floor

Newport News, Virginia 23607

757-926-8721

City of Newport News

INVITATION FOR BIDS

Denbigh Boulevard Sidewalk from Old Denbigh Boulevard to Woodside

Lane

I. Introduction II. Specifications/Project Overview

III. Contract Specific Terms and Conditions IV. Supplemental City/ Town Provisions V. Federal Terms and Conditions

VI. Insurance Requirements VII. Bid Detail

VIII. Bid IX. Vendor Questionnaire

Attachments:

A - 27-1194-6256, Specifications

B - 27-1194-6256, Drawings (Plan Sheets)

C - VDOT form C-48

D - VDOT Form C-49

E - VDOT Form C-104

F - VDOT Form C-105

G - VDOT Form C-111

H - VDOT Form C-112

I - 27-1194-6256, Davis Bacon Wage Determinations

J - 27-1194-6256, VDOT Special Provisions

K - Sample Contract

L - Sample Performance and Payment Bonds

IFB #27-1194-6256 Denbigh Boulevard Sidewalk from Old Denbigh Boulevard to Woodside Lane

1. Introduction

1.1. Summary

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

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

(https://secure.procurenow.com/portal/nnva), to be received no later than Monday, December 7, 2026 at 2:00 pm (local prevailing time).

The purpose of this Invitation for Bids (IFB) is to establish a Contract with a qualified Contractor for the provision of all Work and Materials for the construction of pedestrian enhancements on

Denbigh Boulevard, from Old Denbigh Boulevard to Woodside Lane, in accordance with the specifications of this IFB.

This project shall be constructed according to: the Plans; the Virginia Department of

Transportation Road and Bridge Specifications, dated 2020 and the Supplement thereto, dated

2022; the Virginia Department of Transportation Road and Bridge Standards, dated 2016, with revisions issued online as of the advertisement date for this project incorporated; the Virginia

Work Area Protection Manual, version 11.0; the Virginia MUTCD version 11.0; and the

Supplemental Specifications, Special Provisions and Special Provision Copied Notes in this

Contract. The status in the Contract of each of these documents will be according to Section

105.12 of the Specifications.

Special Provision Copied Notes in this Contract are designated with “(SPCN)” after the date.

The information at the top and left of each Special Provision Copied Note in this Contract is file reference information for Department use only. The information in the upper left corner above the title of each Supplemental Specification and Special Provision in this Contract is file reference information for Department use only.

12-11-25 (SPCN)

Notice: The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964

(78 Stat. 252, 42 U.S.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this solicitation/advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

1.2. Background

The project is intended to provide a sidewalk which will improve bicycle and pedestrian safety for travelling parallel to, and crossing streets, by adding a pedestrian signal at the marked crosswalks and installing sidewalks on both sides of the street with ADA ramps.

1.3. Timeline

Release Project Date: November 2, 2026

Question Submission Deadline: November 12, 2026, 1:00pm https://secure.procurenow.com/portal/nnva

Bid Submission Deadline: December 7, 2026, 2:00pm

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

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

https://teams.microsoft.com/meet/26352591

0534860?p=99PR84oBY1vOe1SC8P

1.4. Contact Information

Project Contact:

Kersha Aerga

Procurement Manager

2400 Washington Avenue

Newport News, VA 23607

Email: aergake@nnva.gov

Phone: (757) 926-8029

Secondary Contact:

Natalie Minton

Procurement Services Specialist

2400 Washington Avenue

Newport News, VA 23607

Email: mintonnm@nnva.gov

Phone: (757) 926-8028 https://teams.microsoft.com/meet/263525910534860?p=99PR84oBY1vOe1SC8P https://teams.microsoft.com/meet/263525910534860?p=99PR84oBY1vOe1SC8P

2. Specifications/Project Overview

2.1. Specifications

Specifications for this project can be viewed and downloaded in the Attachments section.

All Construction Methods and Materials shall conform with the Current Newport News Design

Criteria Manual, Virginia Department of Transportation (VDOT) Standards and Specifications, Virginia Department of Transportation (VDOT) Road and Bridges Standards And Specifications, Newport News Special Provisions, the Stormwater Management Handbook-1999 Edition, Virginia DEQ Stormwater Design Specifications, Virginia Erosion and Sediment Control

Regulations and any other applicable City or State Ordinance, Code and/or law.

Work Hour Restrictions: This project is being bid based on the Current Work Hour Restrictions.

Single Lane Closures shall be permitted for the following hours:

Denbigh Boulevard from McManus Boulevard to City Line.

Eastbound – 6pm - 1pm on weekdays, no restrictions on Saturday and Sunday.

Westbound – 5pm – 3pm on weekdays, no restrictions on Saturday and Sunday.

The closure of multiple lanes will require a review of special work hour restrictions for night or weekends only. Although care should be taken to minimize traffic disruption. A tentative schedule of lane closures and work hours shall be included with the traffic control plan. Deviation from standard work hours and additional lane closures shall be approved by the Department of Engineering prior to commencement. Notification to the Engineering Department – Traffic Division for any road closures must be done 24 hours prior to closure. “STOP” sign control (multi-way) shall be implemented during

“downtime” to maintain orderly traffic flows.

https://procurement.opengov.com/portal/nnva/projects/283277/document?section=2731895

3. Contract Specific Terms and Conditions

3.1. Questions

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

OpenGov Procurement Question/Answer Tab via the City's e-Procurement portal, on or before, Thursday, November 12, 2026 by 1:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to Bidders following this solicitation on the City's e-Procurement Portal received prior to the date and time as provided for in this solicitation.

Direct contact with others besides the Office of Purchasing, including other City departments and the City consultants, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the Office of Purchasing. Violation may result in a determination that the Bidder is ineligible for award.

3.2. Pre-Bid Conference

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

3.3. Contractor Qualifications

Firms shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.

The Contractor shall have a minimum of five (5) years of experience in relevant construction

(roadway, concrete work, drainage and grading work). Any site Superintendent shall possess a minimum of ten (10) years of experience in relevant construction (roadway, concrete work, drainage and grading work) at the time of bid submission. Also, a minimum of three (3) years of work experience with Municipalities and/or VDOT is required.

The Contractor shall be listed on VDOT’s list of Prequalified Vendors.

3.4. Method of Award

The City will make a single award, based on the Total Bid, to the lowest responsive and responsible Bidder.

3.5. Contract/Agreement

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

3.6. Contract Modifications

Any modifications proposed to the contract must be approved by the Office of Purchasing. The

City and the Contractor must mutually agree to modify the terms, conditions, scope or prices/costs contained in the contract before modifications are implemented.

3.7. Contract Period/Renewal

The contract shall continue until completion of the project. If required, an ongoing contract period will be determined based on the licensing, support and maintenance requirements of the awarded Contractor.

3.8. Method of Ordering

The Contractor shall not commence work until a written 'Notice to Proceed' is issued by the

Department of Engineering.

3.9. Quantities

Actual quantities purchased may be more or less than those specified. Upon mutual agreement, the City reserves the right to purchase additional quantities of goods or services at the contract price within six months of the date of initial award.

3.10. Invoicing and Payment

The Contractor shall use the City’s Project and Contract Management System (Projectmates) to electronically submit invoices, change orders, and subcontractor reporting. Subcontractor payment information shall be submitted with each invoice. The Contractor will need to provide the subcontractor’s name, primary contact name and title, company email address, company phone number, certification types (i.e. Small Business, Women-Owned Business, Minority

Owned Business, DBE, etc.), certifying agency name (Virginia Small Business Supplier

Diversity, National Minority Supplier Development Council, etc.) and certification number. The

Contractor will report the subcontractor utilization based on commitments in the bid including stated SWaM or DBE percentages.

Submissions for payment shall be based on the pricing contained in the contract documents.

Payment will be authorized following receipt of a valid invoice, which must minimally include the Purchase Order Number, Contract number (if provided by the City), Description of Goods and Services, Breakdown of hours, and Total Price. Invoices may be submitted following the completion of services or agreed-upon terms.

3.11. Insurance

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

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

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

Insurance requirements are specified herein in Section titled Insurance Requirements.

3.12. Warranty

The Contractor warrants the goods/services furnished to be of the highest quality and to be free from defects for a minimum period of one year from the date of delivery or installation and shall https://secure.procurenow.com/portal/nnva/projects/283277/document?section=undefined carry the standard manufacturer’s warranty. As applicable, the warranty shall include parts, labor and all return delivery costs. Replacements and repairs shall be made by the Contractor at no cost and to the satisfaction of the City. The most favorable warranty the Contractor provides other customers, if better than the warranty requirement stated herein, shall be extended to the City.

3.13. Examination of Conditions

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

3.14. Scheduling and Delays

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

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

3.15. Specifications

Full specifications for this project are included as an attachment within the Specifications/Project

Overview section of this IFB.

4. Supplemental City/ Town Provisions

4.1. Pre-Bid And Bid Submission Requirements

A. Direct contact with anyone other than the City of Newport News Office of Purchasing, including other City departments or the City’s consultants, regarding this Invitation for Bids (also referred to as “solicitation” herein) is expressly forbidden. Violation of this directive may result in a determination that the Bidder is ineligible for award.

B. All bids shall be submitted sealed via the City’s e-Procurement Portal, OpenGov Procurement and be received no later than Monday, December 7, 2026 at 2:00 pm. Fax and Email transmittals will not be considered. Bids cannot be submitted after the due date and time noted above.

Failure to return required documents and information specified herein may result in a determination that the bid will not be considered for award.

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

Purchasing. A virtual attendance option is also available by using the link in the Timeline Section of this Invitation for Bids. A bid tabulation will be posted as soon as practical.

D. All bids shall be submitted in accordance with this Invitation for Bids. If more space is required to furnish a description of the goods and/or services bid, the Bidder may attach that additional information where prompted in the Questionnaire.

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

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

G. The Terms, Conditions and Specifications in this Invitation for Bids shall supersede any terms and conditions offered by the Bidder. Any exceptions made by the Bidder may result in the bid being determined non-responsive. All Terms, Conditions and Specifications will be incorporated by reference and be part of the contract following award.

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

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

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

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

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

L. Bidders have the right to request withdrawal of their bids from consideration due to error by giving written notice not later than two business days after bids are publicly opened. Work papers showing evidence of error(s) may be required.

4.2. Addenda

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

Addenda shall be posted on the City's e-Procurement Portal, OpenGov Procurement, and

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

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

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

4.3. Award

A. A notice of award will be posted with the original solicitation on the City's e-Procurement Portal, OpenGov Procurement.

B. Award will be made to the lowest responsive and responsible Bidder (reference Method of

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

C. In determining the lowest responsive, responsible bidder, in addition to price, the agent shall consider:

1. The ability, capacity and skill of the bidder to perform the contract or provide the service required.

2. Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference.

3. The character, integrity, reputation, judgment, experience and efficiency of the bidder.

4. The quality of performance of previous contracts or service.

5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.

6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.

7. The quality, availability and adaptability of the supplies or contractual services to the particular use required.

8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

9. The number and scope of conditions attached to the bid.

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

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

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

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

H. A Bidder may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award as indicated in the Code of the City of Newport News Section 2-576.3. No protest shall lie for a claim that the selected Bidder is not a responsible Bidder. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) business days stating the reasons for the action taken.

This decision shall be final unless the Bidder appeals within ten (10) days of the written decision by invoking the administrative procedures established by the Purchasing Agent. The City incorporates by reference the remaining portions of the Code of the City of Newport News

Section 2-576.3.

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

4.4. Notices and Communications

Notices and communications related to the contract resulting from this Invitation for Bids shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means (email). All notices related to contract award, https://www.nnva.gov/707/Vendor-Resources modifications, renewals, and terminations will be handled through the Office of Purchasing. The

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

4.5. Availability of Funds

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

4.6. Authorization to Transact Business in Virginia

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

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

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

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

4.7. Contractor's License

The Bidder must comply with Title 54.1, Chapter 11, Code of Virginia. The Bidder shall submit evidence of the license by providing the requested information in the Questionnaire.

4.8. Bonds

A. Bid Bond: A bidder’s bond or certified check in the amount of five percent (5%) of the amount bid shall accompany any bid in excess of $100,000.00 for the bid to be acceptable.

B. Performance and Labor and Material Payment Bond: The Contractor shall have ten (10) days from the date of the City’s request to provide a performance bond and a labor and material payment bond, (Use only the forms provided by the City, unless otherwise approved by the City

Attorney) in the amount of the contract price, as security for faithful performance of the work in strict conformity with the Contract Documents and for payment of all persons who perform labor and furnish materials in prosecution of the work. The surety on such bonds shall be duly authorized to do business in the Commonwealth of Virginia and be satisfactory to the City.

C. The successful Bidder shall furnish all required bonds, certificates of insurance and required endorsements on City approved forms included in this bid package. Any other forms are not acceptable and shall not be approved by the City Attorney’s office. Time is critical on this work and non-compliance will delay the work and may be cause to make award to the next qualified bidder.

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

4.9. Time of Essence

As the provisions hereof relating to the time for performance and completion of the Work are for the purpose of enabling the City to proceed with the construction of public improvements in accordance with pre-planned programs, such provisions are of the essence.

4.10. Liquidated Damages

Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each day that any work remains incomplete after the contract time limit specified for completion of the work, the City shall assess liquidated damages against the Contractor in accordance with Section 108.06 of the VDOT Road and Bridge

Specifications the latest edition and Virginia Law. The Contractor waives any defense as to the validity of any liquidated damages stated in the Contract or the VDOT Road and Bridge

Specifications and assessed by the City against the Contractor on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

Execution of the contract under these specifications shall constitute agreement by the City and

Contractor that this amount per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs.

Permitting the Contractor to continue and finish the work or any part thereof after the contract time or adjusted contract time, as pertinent, has expired shall in no way operate as a waiver on the part of the City or any of its rights under the contract.

Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City’s right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

4.11. Permits

Contractor shall be responsible for furnishing all necessary permits as required by the City prior to start of construction. The Contractor is required to obtain and pay for all necessary permits along with required bonds and insurance. A minimum $5,000.00 bond for Right-of-Way permits and a minimum $2,000.00 for land disturbing permits (based on area disturbed). These bonds are in addition to any bid bond, performance or payment bond required as part of the bid. Contractor shall also be responsible to obtain and pay for any required permits from State or Federal agencies. The costs of project signs, right-of-way permit, land disturbing permit, etc. and associated bonds shall also be included in this bid price. Proof of approved final inspections relating to these permits shall be required before final payment is made.

4.12. Change Orders and Extra Work

A. All change orders and extra work will follow VDOT Road and Bridge Specifications, latest edition.

B. The Contractor may make a verbal request to the project engineer but any verbal request must be followed-up in writing within seven days. If approved, the Contractor will receive a modified purchase order which includes the value of the changed work. The modified purchase order will serve as the formal notice-to-proceed for the changed work. No work shall begin on the change order work until a purchase order modification is issued.

C. Also, the City will use the same procedure in that the Contractor will be notified by the project engineer in writing that a change is requested. This information will be forwarded to the Office of Purchasing for final approval. The contractor will receive a purchase order modification which includes the value of the changed work. The purchase order modification will serve as the formal notice-to-proceed for the changed work. No work shall begin on the change order work until a purchase order modification is issued.

4.13. Claims

Participation in contract claim awards and settlements will follow the VDOT Road and Bridge

Specifications, latest edition.

4.14. Progress Payments

Participation in progress payments to follow VDOT Road and Bridge Specifications, latest edition.

4.15. Subcontracting

Subcontracting and contractor responsibilities to follow VDOT Road and Bridge Specifications, latest edition.

4.16. Faith-Based Organizations

The City does not discriminate against faith based organizations.

4.17. Non-Discrimination

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

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

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

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

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

4.18. Drug-Free Workplace

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

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

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

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

4.20. Payment Terms

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

Form. As part of the Bid Form, alternate terms may be offered by the Contractor for prompt payment of bills.

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

C. Late payment charges shall not exceed one percent (1%) per month consistent with the Code of

Virginia Section 2.2-4355, Interest penalty; exceptions.

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

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

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

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

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

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

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

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

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

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

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

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

E. The Contractor’s obligation to pay an interest charge to a subcontractor(s) pursuant to the payment requirements in this section may not be construed to be an obligation of the City. A contract modification may not be made for the purpose of providing reimbursement for such interest charge and a cost reimbursement claim shall not include any amount for reimbursement for such interest charge.

F. In the event that the Contractor has not received payment from the City for work performed by a subcontractor under a subcontract, Contractor shall be liable for the entire amount owed to such subcontractor and pay such subcontractor within 60 days of the receipt of an invoice following satisfactory completion of the work for which the subcontractor has invoiced. The

Contractor shall not be liable for amounts otherwise reducible due to the subcontractor’s noncompliance with the terms of the subcontract. However, in the event that the Contractor withholds all or a part of the amount invoiced by the subcontractor under the terms of the subcontract, the Contractor shall notify the subcontractor within 50 days of the receipt of such invoice, in writing, of its intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance. Payment by the City to the Contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of the Contractor’s receiving payment for amounts owed to that subcontractor.

4.22. Taxes

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

4.23. Hold Harmless and Indemnification

The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, and employees from any claims, damages and actions of any kind or nature (including, but not limited to, attorneys’ fees, expert witness or consultant fees and expenses, fines and penalties and/or settlements made in good faith), whether at law or in equity, arising from or caused by lack of performance, unlawful acts or omissions, or the negligent or willful acts or omissions of

Contractor or its subcontractors or sub-consultants. Further, if the Contractor subcontracts any work, it will require in its subcontracts that each subcontractor indemnify defend and hold harmless the City as stated above.

4.24. Interpretation of Specifications

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

4.25. Laws and Regulations

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

4.26. Governing Law and Venue

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

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

Eastern District of Virginia, Newport News Division.

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

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

4.27. Immigration Reform And Control Act Of 1986

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

4.28. Notice Of Required Disability Legislation Compliance

A. The City is required to comply with State and Federal disability legislation.

B. The Rehabilitation Act of 1973, Section 504, the Americans with Disabilities Act (ADA) of 1990, Title II and the Virginians with Disabilities Act of 1990. Specifically, the Citymay not, through its contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II or the ADA, Public Law 101-336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disability from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation

Act of 1973, Section 504 to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, III, and V of the ADA. The Virginians with Disabilities Act of

1990 follows the Rehabilitation Act of 1973, Section 504.

4.29. Assignment of Contract

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

4.30. Default

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

4.31. Termination for Convenience

In accordance with the VDOT Road and Bridge Specifications, latest edition.

4.32. Termination for Cause

In accordance with the VDOT Road and Bridge Specifications, latest edition.

4.33. Rights and Remedies Not Waived

In no event shall a payment by the City to the Contractor or the waiver by the City of any provision under the contract, including any obligation of the Contractor, constitute or be construed as a waiver by the City of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the City while any such breach or default exists shall not impair or prejudice any rights or remedies available to the City.

4.34. Severability

If any provision of the Contract resulting from this solicitation or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected, and each provision of this contract shall be valid and enforced to the full extent permitted by law.

4.35. Independent Contractor

The Contractor and any employees, agents, or other persons or entities acting on behalf of the

Contractor shall act in an independent capacity and not as officers, employees, or agents of the

City.

4.36. Conflict

In the event of a conflict between the contract documents, including these terms and conditions and the terms of a purchase order or related document issued by the Office of Purchasing, the

Contractor shall, unless directed otherwise in writing by the City, (a) provide the greatest quantity, highest quality, highest degree of safety, and most stringent material, equipment or work or (b) comply with the more stringent requirement; either or both in accordance with the

City’s interpretation.

4.37. Non-Exclusive Contract

Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the

Contractor. The contract shall not restrict the City from acquiring similar, equal or like goods and/or services from other sources.

4.38. Records and Inspection

The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies and procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the City and its employees, agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the City. The City shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the City to the Contractor pursuant to this contract or any renewal or extension of this contract. The City’s employees, agents or authorized representatives shall have access to the

Contractor’s facilities and all necessary records and be provided adequate and appropriate work space in order to conduct audits.

4.39. Entire Agreement

The contract resulting from this solicitation and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered, changed or amended unless in writing and signed by the parties hereto.

5. Federal Terms and Conditions

5.1. Federal Terms and Conditions

Pursuant to 2. C.F.R § 200.326, the following provisions and certifications shall apply when the

City utilizes federal funds to purchase goods or services resulting from this solicitation. These provisions are in addition to other Terms and Conditions contained in this solicitation.

This is a City administered, VDOT project with Federal funding under the Federal Safety

Improvement Program (HSIP).

5.2. Termination for Convenience and Termination for Cause

Refer to Standard Terms and Conditions for these applicable provisions.

5.3. Equal Employment Opportunity

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

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

D. The Contractor will send to each…