CAPITAL REGION AIRPORT COMMISSION

RICHMOND INTERNATIONAL AIRPORT

INVITATION FOR BID

All inquiries resulting from this solicitation should be addressed to Amanda McCaffrey, Procurement Specialist, amccaffrey@flyrichmond.com by Tuesday, July 22 2026, at 4:00 p.m. to be considered. It is anticipated that responses will be published to eVA on Thursday, July 27, 2026, at 4:00 p,m. Direct contact by a bidder concerning this solicitation with any other airport representative is prohibited, unless it is otherwise noted in this document. Unauthorized communications may result in the disqualification of the bidder from this procurement.

Signing below certifies the signer is an authorized representative of the Bidder and agrees to abide by all terms and conditions of the Invitation for Bids. This page must be returned with the Bid Form.

Complete Legal Name of Firm: ________________________________________________________

Address: ________________________________________________________

Remit To Address: ________________________________________________________

Signature: __________________________________ Email: ___________________________

Name (type/print): ___________________________ Title: ____________________________

Fed ID No.: _________________________________ Phone: ___________________________

This public body does not discriminate against faith-based organizations or a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state or federal law relating to discrimination.

IFB NUMBER: 26-2521

TITLE: Garage Lighting Replacement 3-4

ISSUE DATE: 07/06/2026

SEALED BIDS DUE:

(Electronic or Paper Submission)

THURSDAY, August 06, 2026 @ 3:00 PM

Electronic Submission: eVA website: https://eva.virginia.gov

Paper Bids shall be Delivered to:

Capital Region Airport Commission

1 Richard E. Byrd Terminal Drive, Suite C Richmond International Airport, VA 23250-2400

ATTN: Procurement Department

SEALED BID OPENING: THURSDAY, August 06, 2026 @ 4:00 PM Microsoft Teams Meeting

ISSUING AGENCY:

CAPITAL REGION AIRPORT COMMISSION

1 RICHARD E BYRD TERMINAL DRIVE, SUITE C

RICHMOND INTERNATIONAL AIRPORT, VA 23250

mailto:pbyrdsong@flyrichmond.com https://eva.virginia.gov/index.html

TABLE OF CONTENTS

This IFB consists of the cover pages, and

SECTION TITLES & ATTACHMENTS PAGE

SECTION I – PURPOSE 3

SECTION II – INFORMATION & INSTRUCTIONS TO BIDDERS 3

SECTION III – SCOPE OF WORK/SPECIFICATIONS 7

SECTION IV – TERMS AND CONDITIONS 7

SECTION V – QUALIFICATIONS OF BIDDERS 21

SECTION VI – SECURITY REQUIREMENTS 22

SECTION VII – BID FORM 24

STATE CORPORATION COMMISSION (SCC) FORM 28

ATTACHMENT A – REFERENCES 29

ATTACHMENT B – CERTIFICATE ON NON-COLLUSION 30

ATTACHMENT C – LIST OF SUBCONTRACTORS 31

ATTACHMENT D – BID BOND 32

ATTACHMENT E – LABOR AND MATERIAL PAYMENT BOND 33

ATTACHMENT F – PERFORMANCE BOND 35

ATTACHMENT G – NO BID RESPONSE 37

EXHIBIT A – PROJECT MANUAL (SPECIFICATIONS) *

EXHIBIT B – PROJECT PLANS *

*Issued as separate documents and incorporated by reference.

SECTION I: INTRODUCTION

A. PURPOSE

The intent and purpose of this Invitation for Bid is to solicit bids from qualified, experienced, and licensed companies to provide all labor, supervision, equipment, tools, materials, and incidentals necessary for the replacement of existing fluorescent, high-pressure sodium, and metal halide exterior lights on the third floor of all Public Garages with new LED fixtures. It also includes replacing exit signs on all levels, fourth-floor pole-mounted lights, bollard lights on the third and fourth floors, exterior signage fixtures, exterior stair lighting, and second-level elevated roadway canopies, along with any necessary conduit work.

The work will be sequenced to coordinate with garage closures and reopenings, with some tasks done during normal hours and others at night. Refer to the drawings for detailed sequencing information.

All work shall be performed in accordance with the specifications, construction drawings, and local code.

AOA Airport-issued ID Badge: Not Required

B. BACKGROUND

The Capital Region Airport Commission, a political subdivision of the Commonwealth of Virginia (herein referred to as the “Commission”), invites interested, qualified firms to submit bids for the Garage Lighting Replacement 3-4 project at the Richmond International Airport (herein referred to as “Airport”). The services will be administered by the Commission’s President and Chief Executive Officer and designated staff and will commence following the execution of a contract.

SECTION II: INFORMATION AND INSTRUCTIONS TO BIDDERS

A. OBTAINING BID DOCUMENTS

Bid documents are published on eVA at https://eva.virginia.gov/, under Business Opportunities and then clicking on Virginia Business Opportunities (VBO) and are available for download from this website.

For reference purposes, bid documents may be viewed at the Procurement Office, 1 Richard E.

Byrd Terminal Drive, Suite C, Richmond International Airport.

The bidder shall be responsible for ensuring that all drawing sheets and specification sections listed in the table of contents are included in the bid documents and that they are legible.

Coordination of specification sections, trades, and subcontractor scopes of work is the sole responsibility of the bidder.

B. QUESTIONS CONCERNING BID

If any prospective bidder has questions about this Invitation to Bid, the specifications, or the bidding process, the bidder must submit those questions in writing to Amanda McCaffrey by e-mail at amccaffrey@flyrichmond.com. All questions must be received no later than 4:00 PM mailto:amccaffrey@flyrichmond.com on Tuesday, July 22, 2026. The responses to submitted questions will be provided in the form of addenda published on Virginia’s Marketplace website: https://eva.virginia.gov/, no later than 4:00 PM on Thursday, July 27, 2026. Any revisions to this Invitation for Bid will be made only by an addendum issued by the Commission. It is the bidder’s responsibility to make sure the bidder receives all addenda.

C. PRE-BID CONFERENCE

A non-mandatory Pre-bid Meeting is scheduled for Thursday, July 16, 2026, at 11:00 AM in the Commission South Conference Room Rear (second floor, adjacent to the south end ticket counter), Airport Terminal Building, 1 Richard E. Byrd Terminal Drive, Richmond International Airport, VA 23250. A site visit will be available for all companies interested in submitting a bid immediately following the Pre-bid meeting. Bidders are strongly encouraged to have representation at this meeting. It is recommended that all bidders attend this meeting to gain a thorough understanding of the project; however, attendance is not mandatory to submit a bid on this project. The pre-bid meeting will also be broadcast via live stream through the Microsoft Teams application. Bidders may participate in the pre-bid meeting by using the sign-in information provided below.

Microsoft Teams Meeting Details:

To join the meeting and view any documents shared by the Capital Region Airport Commission from your computer, please see the following link(s)

Microsoft Teams PRE-BID MEETING

IFB 26-2521 – Garage Lighting Replacement 3-4

Join: https://teams.microsoft.com/meet/228312910372946?p=LfqAxuG75YalEAV9ip

Meeting ID: 228 312 910 372 946

Passcode: 6Yt3z9zR

Need help? | System reference

Dial in by phone

+1 321-754-9474,,317388579# United States, Orlando

Find a local number

Phone conference ID: 317 388 579#

For organizers: Meeting options | Reset dial-in PIN

D. BID SUBMISSION REQUIREMENTS

1. Bid Form: Each bidder shall submit a completed Bid Form and other bid requirements https://eva.virginia.gov/, https://teams.microsoft.com/meet/228312910372946?p=LfqAxuG75YalEAV9ip https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDBjNDc5NzItOWUzMi00ODc2LTlhNzMtODc5ZTc1ZjIzMzY5%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%22c4fd0369-bb2d-46b1-b067-500ada7c1459%22%7d tel:+13217549474,,317388579 https://dialin.teams.cloud.microsoft/5ff9e17f-3fed-4d7c-88f0-3124f9dafc7d?id=317388579 https://teams.microsoft.com/meetingOptions/?organizerId=c4fd0369-bb2d-46b1-b067-500ada7c1459&tenantId=441241b8-18d5-4e66-9e2f-6edad2b78c92&threadId=19_meeting_ZDBjNDc5NzItOWUzMi00ODc2LTlhNzMtODc5ZTc1ZjIzMzY5@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing as outlined. No erasures shall be permitted. Errors and other changes shall be struck through with a single line and initialed. Bids shall be furnished on a lump sum bid basis as called for in the Invitation for Bid, in numerical figures and written dollar amounts.

The written word shall take precedence. Figures shall be written in ink or typed.

2. Submission: The Bid Form shall be signed by the Bidder or by an authorized representative of the Bidder and enclosed along with other bid requirements. Any additional information the bidder wishes to include must be submitted with the bid documents. The bid package submission using either the electronic or paper option is available for this solicitation.

Electronic Submission Option

The electronic bid submission will be received up to 3:00 PM on Thursday, August 06, 2026, on Virginia’s Marketplace website: https://eva.virginia.gov/.

The bidder must be registered in eVA to submit an electronic bid. The bidder must submit one (1) complete copy of the bid and all required documents and/or attachments.

The following are instructions for submitting an electronic bid:

a. Go to https://eva.virginia.gov/.

b. Click on “I Sell To Virginia”;

c. Click on “eVA Supplier Training”; and

d. Click on “Viewing and Responding to Solicitations Video”.

If a bidder needs assistance submitting an electronic response, the bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

Before the bid's due date, bidders should:

• Check the status of the solicitation on eVA at https://eva.virginia.gov/ by clicking on Business Opportunities and then clicking on Virginia Business Opportunities (VBO) for any updates, changes, addenda, cancellations, etc.

• Check the Solicitation in VBO for all attachments and documents to be completed and submitted; and

• Complete all attachments, addedda, exhibits, product information, etc., and attach them electronically to the bidder’s electronic submission.

Paper Submission Option

The sealed paper bid submission will be received up to 3:00 PM on Thursday, August 06, 2026. The paper bids shall be submitted in a sealed envelope and marked with the solicitation title, Invitation for Bid number, and the bidder’s name and address.

If sending the bid by U.S. Mail, Courier, or Hand delivery, submit the sealed bid to:

Capital Region Airport Commission Attn: Amanda McCaffrey, Procurement Specialist 1 Richard E. Byrd Terminal Drive, Suite C Richmond International Airport, VA 23250-2400 Bids will be logged in by the Commission’s Procurement Manager to reflect the actual date and time of receipt. Bids that are sent by facsimile or other electronic means will not be accepted. Bids will be opened and read aloud at 4:00 PM on Thursday, August 06, 2026, and will be broadcast via live stream through the Microsoft Teams application. Bidders https://eva.virginia.gov/index.html https://eva.virginia.gov/index.html mailto:eVACustomerCare@dgs.virginia.gov may participate in the bid opening by using the sign-in information provided below. The Commission does not accept late bids. Any bid received after the time and date specified will be returned to the sender unopened.

Microsoft Teams Meeting Details:

To join the meeting and view any documents shared by the Capital Region Airport Commission from your computer, please see the following link(s)

Microsoft Teams BID OPENING Meeting

IFB 26-2521 – Garage Lighting Replacement 3-4

Join: https://teams.microsoft.com/meet/232258514948314?p=K58O7wIr9mnmKEsTOF

Meeting ID: 232 258 514 948 314

Passcode: cV6Z6xc2

Need help? | System reference

Dial in by phone

+1 321-754-9474,,347135570# United States, Orlando

Find a local number

Phone conference ID: 347 135 570#

For organizers: Meeting options | Reset dial-in PIN

3. Copy of Documents to Subcontractors. Before submitting a bid, the Contractor shall provide to any subcontractor anticipated to provide more than [15%] of the value of the work an electronic copy of this Invitation for Bid and the plans and specifications for the scope of work that is the subject of this Invitation for Bid.

E. BID ACCEPTANCE

Bidders are solely responsible for reviewing, complying with, and returning a complete and responsive bid. Failure to submit any of the required information may result in the bid rejection. Changes to the solicitation forms or formats are prohibited except where clearly instructed and permitted.

Bids considered irregular may be rejected. Irregularities include, but are not limited to, the following:

1. Bids not written in ink or not typed.

2. Bids reserving the right to accept or reject an award or a qualifying award based on acceptance.

3. Bids not properly signed.

4. Erasures or alterations not initialed by the bidder.

https://teams.microsoft.com/meet/232258514948314?p=K58O7wIr9mnmKEsTOF https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTVkMjFkZDQtOTI1Ni00MTU5LThiOGItNDNlOGE1ZThhZWY2%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%22c4fd0369-bb2d-46b1-b067-500ada7c1459%22%7d tel:+13217549474,,347135570 https://dialin.teams.cloud.microsoft/5ff9e17f-3fed-4d7c-88f0-3124f9dafc7d?id=347135570 https://teams.microsoft.com/meetingOptions/?organizerId=c4fd0369-bb2d-46b1-b067-500ada7c1459&tenantId=441241b8-18d5-4e66-9e2f-6edad2b78c92&threadId=19_meeting_NTVkMjFkZDQtOTI1Ni00MTU5LThiOGItNDNlOGE1ZThhZWY2@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing

5. Bids that are unbalanced in unit price or lump sum price, either above or below the cost analysis values as determined by the Commission.

6. Unauthorized additions, conditions, alternative bids, or other irregularities that may make the bid incomplete, indefinite, or ambiguous.

F. No contract shall result from the submission of any bid, and no liability shall accrue to the

Capital Region Airport Commission with respect thereto until a written contract or purchase order and accompanying documents have been fully and completely executed on the part of the successful bidder and the Commission, incorporating the terms hereof.

SECTION III: SPECIFICATIONS AND PLANS

A. The intent and purpose of this Invitation for Bid is to solicit bids from qualified, experienced, and licensed companies to provide all labor, supervision, equipment, tools, materials, and incidentals necessary for the replacement of existing fluorescent, high-pressure sodium, and metal halide exterior lights on the third floor of all Public Garages with new LED fixtures. It also includes replacing exit signs on all levels, fourth-floor pole-mounted lights, bollard lights on the third and fourth floors, exterior signage fixtures, exterior stair lighting, and second-level elevated roadway canopies, along with any necessary conduit work.

The work will be sequenced to coordinate with garage closures and reopenings, with some tasks done during normal hours and others at night. Refer to the drawings for detailed sequencing information.

B. Limited Notice to Proceed Duration: (60) calendar days.

C. Construction Duration: (127) calendar days

D. Project Closeout Duration: (30) calendar days

Refer to Exhibit A – Specifications and Exhibit B – Plans for complete technical and installation requirements.

Exhibits A and B are issued as separate documents due to formatting and size considerations and are incorporated herein by reference as part of this Invitation for Bids.

SECTION IV: TERMS AND CONDITIONS

The following terms and conditions are applicable to, and incorporated by reference in, any governmental procurement from a nongovernmentalPE source conducted by the Capital Region Airport Commission (or pursuant to delegated purchasing authority), as public bodies as defined in Code of Virginia Section 2.2-4301, as amended, including any agencies, boards, authorities, or other entities for which the Commission acts as purchasing agent.

A. GENERAL TERMS AND CONDITIONS

1. ADDENDA AND CHANGES TO BIDS

i. Clarifications, modifications, or addenda may be made to the IFB at the discretion of the Commission. If any such changes are made, they will be posted on Virginia’s Marketplace website: https://eva.virginia.gov/index.html, in sufficient time for each bidder to modify their bid. Each bidder is responsible for determining that all addenda issued have been received and shall acknowledge receipt of all addenda in the space provided in the Bid Form. Failure to do so may result in the rejection of the bid.

ii. A potential bidder may amend and/or withdraw a bid before the due date and time set for the receipt of bids. All requests from a potential bidder to return their bid shall be in writing, addressed to the Procurement Manager, Stacy Seay at SSeay@flyrichmond.com, and signed by an authorized representative.

2. APPROPRIATION OF FUNDS: The continuation of the terms, conditions, and provisions of the Contract beyond the end of the Commission’s fiscal year on June 30 of any year is subject to approval and ratification by the Capital Region Airport Commission Board, as applicable, and appropriation by them of the necessary money to fund the Contract for each succeeding year. In the event of non-appropriation of funds, the Contract shall be automatically terminated with no recourse for the Contractor.

3. ASSIGNMENT OF CONTRACT: The Commission and Contractor bind themselves and any successors, and assigns to the Contract. The employees of the Contractor shall perform the work necessary to fulfill the Contract. The Contractor shall not assign, sublet, subcontract or transfer any of its interest in the Contract without written consent of the Commission. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the Commission, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Commission and Contractor.

4. ATTORNEY’S FEES. The Contractor agrees that in the event it breaches any term of the Contract or the Contract Documents, it shall reimburse the Commission for any costs and expenses, including reasonable attorneys’ fees and the fees of experts and consultants, reasonably incurred by the Commission as a result of such breach and the Commission’s enforcement of the Contract or Contract Documents. The Contractor further agrees that if it commences, or if someone commences on its behalf, a claim or action alleging the breach of the Contract or Contract Documents by the Commission or to determine or challenge the validity of the Contract or Contract Documents, or any part thereof, and the Commission shall prevail against such claim or action in whole or in part, the Contractor shall reimburse the Commission all costs and expenses reasonably incurred by the Commission arising from or related to the Commission successful defense of such claim or action, including reasonable attorneys’ fees and the fees of experts and consultants. The foregoing remedies shall be in addition to any other remedies or relief to which the Commission may be entitled.

5. AUDIT OF VENDOR RECORDS: Contractor shall maintain full and accurate records with respect to all matters covered under the Contract including, without limitation, accounting records, written policies and procedures, time records, telephone records, reproduction cost records, travel and living expense records and any other supporting evidence necessary to substantiate charges related to the Contract and to verify Contractor’s compliance with the Contract. Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the Commission and its employees, agents or authorized representatives to the extent https://eva.virginia.gov/index.html, necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor pursuant to the Contract. Such records subject to examination shall also include, without limitation, those allocations as they may apply to costs associated with the Contract. The Commission shall have access to such records from the effective date of the Contract, for the duration of the Contract, and until three(3) years after the date of final payment by the Commission to the Contractor pursuant to the Contract. The Commission’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this paragraph.

6. AWARD NOTIFICATION: Upon the award or the announcement of the intent to award a Contract as a result of this solicitation, the Commission will publicly post such notice on the eVA website at https://eva.virginia.gov and on the Commission’s public notice boards located on the ground floor of the terminal building near the chapel and on the 2nd floor near the business center, 1 Richard E Byrd Terminal Drive, Richmond International Airport, VA 23250.

7. CHANGES IN THE CONTRACT: Changes can be made to the Contract in either of the following ways:

i. The Commission reserves the right to add or delete units from this contract, as required. The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

ii. The Commission may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed and an increase or decrease in quantities. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as a result of such order and likewise shall give the Commission credit for any savings.

8. CHANGE ORDERS: Change orders must be approved by the Commission to work being performed.

9. COMPLIANCE WITH LAW: The Contractor’s performance under this Contract shall be conducted in compliance with any and all applicable federal, state and local laws, rules and regulations, as may be amended.

10. CONTRACTOR’S AUTHORIZATION TO TRANSACT BUSINESS: In accordance with Code of Virginia Section 2.2-4311.2, as amended, all bidders/offerors organized as stock or nonstock corporations, limited liability companies, business trusts, or limited partnerships or registered as registered limited liability partnerships must be authorized to transact business in the Commonwealth as domestic or foreign business entities if so required by Title 13.1 or Title 50 or as otherwise required by law.

Any bidder/offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its https://eva.virginia.gov/ bid/proposal the identification number issued to it by the State Corporation Commission. Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required law, shall include in its bid/proposal a statement describing why the bidder/offeror is not required to be so authorized. This information shall be provided in the attachment included in the solicitation titled “Virginia State Corporation Commission (SCC) Registration Information”. Failure to provide the required information may result in the rejection of the bid/proposal. The Contractor shall not allow its corporate or partnership existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of any contract. The Commission may void any contract with a Contractor if the Contractor fails to remain in compliance with the provisions of this section.

11. DEBARMENT STATUS: By submitting a bid, Bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. For federally funded projects, Bidders certify they are not included on the Excluded Parties List System

12. DEFAULT: In case of failure to perform services in accordance with the contract terms and conditions, the Commission, after written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies the Commission may have.

13. DRUG-FREE WORKPLACE: During the performance of this Contract, the

Contractor agrees to:

a. Provide a drug-free workplace for the contractor's employees;

b. 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 such prohibition;

c. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace;

d. 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.

14. EQUAL OPPORTUNITY: The Capital Region Airport Commission, 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 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.

a. In General. The Contractor agrees and certifies that it will comply with the provisions set forth below. The Contractor further agrees that it will (i) insert each of these provisions in all of its contracts and subcontracts related to this Agreement, (ii) require that the clauses be included in all lower-tier subcontracts related to this Agreement, (iii) incorporate applicable requirements of these provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services, and (iv) be responsible for compliance with these provisions by any subcontractor, lower-tier subcontractor or service provider.

b. General Civil Rights Provisions. The Contractor agrees that it will comply with pertinent statutes, Executive Orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap, be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision shall bind the Contractor from the bid solicitation period through the completion of the contract. This provision also obligates the Contractor or its transferee for the period during which Federal assistance is extended to Richmond International Airport through the Airport Improvement Program, except where Federal assistance is to provide or is in the form of personal property, real property, or interest therein, structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods:

(i) the period during which the property is used by the Commission or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or

(ii) the period during which the Commission or any transferee retains ownership or possession of the property.

c. Compliance with Title VI Nondiscrimination Requirements. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees for itself, its assignees and successors in interest, and consultants will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, and the laws and regulations described on Exhibit A, which are herein incorporated by reference and made a part of the Contract.

d. Title VI List of Pertinent Nondiscrimination Authorities. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest, agrees to comply with the following nondiscrimination statutes and authorities, including but not limited to, as set forth on Exhibit A, attached hereto and incorporated herein by this reference.

15. ETHICS IN PUBLIC CONTRACTING: By submitting a bid, Bidders certify that their bids are made without collusion or fraud and tht they have not offered or received and kickbacks or inducements from any other bidder, suppliers, successful bidder, or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility fo this procurement transaction any payment, load, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

16. FAITH-BASED ORGANIZATIONS: The Capital Region Airport Commission does not discriminate against faith-based organizations as that term is defined in the Virginia Public Procurement Act Section 2.2-4343.

17. INDEMNIFICATION OF THE COMMISSION: The Contractor shall defend, indemnify, and hold harmless the Commission, its Commissioners, officers, agents, employees, and representatives from all claims, demands, suits, actions or judgments, including attorney fees, for damage to property and/or injury to persons (including death) alleged or claimed to have been caused whole or in part by or through the performance by the Contractor, or the condition of the site, or because of any actions or activities of the Contractor on the Commission’s property whether or not such damage is caused by a party indemnified hereunder. In all claims against the Commission or any of its Commissioners, officers, agents, or employees by the successful bidder or any employee of the Contractor, anyone directly or indirectly employed by any of them, or anyone whose acts any of them may be liable, the indemnification obligation under this section shall not be restricted by any limitation on the amount or type of damage, compensation or benefits payable by or for the Contractor under Workers’ Compensation Acts, disability acts or other employee benefit acts.

18. INFORMALITIES: Failure to furnish all information requested or to follow the format requested in this IFB may disqualify the bid. The Commission, in its sole discretion, may waive informalities and nonmaterial deviations in the bid. Any waiver of informalities or nonmaterial deviations shall not modify the original IFB or relieve the Bidder from full compliance with the contract requirements if awarded.

19. LAWS AND COURTS: Any contract resulting from this Invitation for Bids shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in the Circuit Court of the Commission of Henrico. The Contractor shall comply with all applicable Federal, State, and local laws and regulations, including the rules and regulations of the Commission. All references to a statutory provision include references to that statutory provision as from time to time amended, extended or re- enacted and any regulations made under such statutory provision.

20. MISTAKES IN BIDS

a. Mistakes discovered following bid opening but prior to award:

i. If there is a significant and obvious disparity between the prices of the lowest apparent responsive bidder and other bidders, the low bidder may be contacted by the purchasing authority to confirm the bid price. This does not relieve a bidder from the responsibility for the submission of a correct bid. If the bidder then alleges a mistake in the bid and can provide clear and convincing evidence that supports the existence of a clerical error to the satisfaction of the purchasing authority, the bid may be withdrawn in accordance with the withdrawal procedure provided herein.

ii. Prices shall be stated in units of quantity and/or work as specified in the Pricing Schedule. In the event of a discrepancy in calculating price extensions (an error in the multiplication of units of quantity and/or work and the unit price), the unit price shall govern and the discrepancy will be resolved in favor of the correct multiplication of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum of the column will be resolved in favor of the correct sum total. The Commission reserves the right to audit price extensions and/or totals, and may use corrected price extensions and/or totals after such audit to determine the apparent low bidder. The Commission is not responsible for a bidder’s clerical or mathematical errors. The Commission further reserves the right to reject any bid in whole or in part, delete items before making an award, or waive any informality, in accordance with the Virginia Public Procurement Act.

b. Mistakes discovered after award: Bids containing mistakes by bidders shall not be withdrawn after award of a contract or issuance of a purchase order.

21. NEGOTIATIONS WITH THE LOWEST BIDDER: If the bid from the lowest responsive, responsible bidder exceeds available funds, the Commission reserves the right to negotiate with the apparent low bidder to obtain a contract price within available funds. Before bidding, the amount of available funds will be determined. If the lowest responsive and responsible bid is greater than the available funds, the Commission will determine, at its sole discretion, whether to negotiate with the apparent low bidder, cancel the existing bid and re-solicit, or cancel the bid entirely.

22. PAYMENT TERMS: Payment shall be made upon completion of the project and

Owner acceptance, including receipt of contractor/manufacturer warranties. Invoice for payment shall be submitted to:

Payables@flyrichmond.com and shall include the Purchase Order No.

The project title and IFB/RFP number shall be referenced in all correspondence and all invoices. The owner shall make payment on all approved invoices within thirty (30) days.

23. PAYMENTS BY THE BIDDER TO SUBCONTRACTORS:

a. The Contractor is required to pay interest to any of its subcontractors or subcontractors on all amounts owed by the Contractor that remain unpaid after seven

(7) days following receipt by the Contractor from the Commission for work performed by the subcontractor under that contract, except for amounts withheld as allowed. Unless otherwise provided under the terms of the contract, interest will accrue at the rate of one percent per month.

b. The Contractor will include in each of its subcontracts a provision requiring each contractor or other subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier contractor or subcontractor.

c. Any obligation of the Contractor to pay an interest charge to subcontractor pursuant to the payment clause in this section will not be construed to be an obligation of the Commission. A contract modification will not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim will not include any amount for reimbursement for the interest charge.

24. PAYMENTS TO THE CONTRACTOR: The following procedures are established in conformance with the Virginia Public Procurement Act (VPPA), §§2.2-4300 through mailto:Payables@flyrichmond.com

2.2-4377, Va. Code, as amended, and, to the extent applicable, §2.2-4347 et seq., which is referred to as the Prompt Payment Act.

a. The Contractor will submit its invoice with the documentation required by the

Commission. The invoice will itemize or show a breakdown of the total contract amount, the value of the various phases or parts, the previously invoiced and approved amounts for payment and the amount of the current invoice.

b. Unless there is a dispute about the compensation due the Contractor then within thirty (30) days after receipt by the Commission of the Contractor’s invoice, which will be considered the invoice receipt date, the Commission will pay to the Contractor the amount approved. The date on which payment is due will be referred to as the Payment Date.

25. SUPERVISION: The Contractor shall be responsible for completely supervising and directing the work under this Contract and all subcontractors that it may utilize, using its best skill and attention. Subcontractors who perform work under this Contract shall be responsible to the prime Contractor. The Contractor agrees that it is fully responsible for the acts and omissions of its subcontractors and persons employed by them, as it is for the acts and omissions of its employees.

26. TAXES: Any applicable Federal, State, and Local sales and use tax is to be included in the stated bid prices. It is the responsibility of the Contractor to determine whether sales taxes are applicable. The Contractor is liable for any applicable taxes that are not included in the stated bid prices.

27. TERMINATION: It shall be the sole right of the Commission to terminate the contract upon written notification to the Contractor.

28. TERMINATION FOR BREACH OR NON-PERFORMANCE: If the Contractor fails to perform the work promptly and diligently, or if the Contractor breaches the Contract in any other way, the Commission may:

a. after providing the Contractor with 15 days written notice, supply any workmen, equipment or materials necessary to ensure that the work is performed promptly and diligently. The Commission may deduct the cost of supplying additional workmen, equipment or materials from payments due to the Contractor;

b. terminate the contract, enter upon the premises, take possession of all equipment, materials or appurtenances, and employ any person or persons to finish the work.

If the contract is terminated by the Commission, the Contractor shall not be entitled to receive any further payment from the Commission until completion of the work has occurred. After completion of the work, the Commission shall pay to the Contractor the amount of the unpaid balance due to the Contractor at the time the contract was terminated minus the cost incurred by the Commission to complete the work. If the cost incurred by the Commission to complete the work exceeds the unpaid balance due to the Contractor, the Contractor shall be due no money from the Commission and, instead, the Contractor shall pay to the Commission the difference between the unpaid balance due and the Commission’s cost to complete the work.

29. WITHDRAWL OF BIDS:

a. Withdrawal: Construction (Code of Virginia Section 2.2-4330, as amended)

i. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw its bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or 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. If a bid contains both clerical and judgment mistakes, a bidder may withdraw its bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall 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.

ii. The bidder shall give notice in writing to the Manager of Procurement of its claim of right to withdraw its bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. The work papers, documents and materials shall, at the bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of Code of Virginia Section 2.2-4342(F), as amended.

iii. Within 5 business days, the Commission will notify the bidder in writing of its decision. If the Commission denies the withdrawal of a bid under the provisions of this section, or Code of Virginia Section 2.2-4330, as amended, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, the Commission will also return all work papers and copies thereof to the bidder.

b. Withdrawal: Other than Construction

i. A bidder for a public contract may request withdrawal of its bid from consideration if the price bid was substantially lower than the other bids due 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, and was actually due to an unintentional arithmetic error or unintentional omission of a quantity of work, labor, or material made directly in the compilation of the bid which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of work papers, documents or materials used in the preparation of the bid sought to be withdrawn. If a bid contains both clerical and judgment mistakes, a bidder may request withdrawal of its bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was 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 shall be clearly shown by objective evidence drawn from inspection of work papers, documents or materials used in the preparation of the bid sought to be withdrawn. Such notice shall be sent to the Procurement Department prior to award. The work papers, documents and materials shall, at the bidders request, be considered as trade secrets or proprietary information subject to compliance with the provisions of Code of Virginia Section 2.2-4342(F), as amended.

30. WORK SITE: The Contractor expressly undertakes, either directly or through its subcontractors:

a. To comply with the regulations governing the operation of premises and to perform its Contract in such a manner as not to interrupt or interfere with the operation of any existing activity on the premises or at the location of the work.

b. To store all apparatus, materials, supplies, and equipment in such an orderly fashion at the site of the work as will not unduly interfere with the progress of the work or the Commission’s use of the facilities.

c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work.

d. To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, at the end of the work, at all times, the site of the work shall present a neat, orderly, and workmanlike appearance.

B. SPECIAL TERMS AND CONDITIONS

1. AWARD OF CONTRACT: The Commission will make the award on a Total lump sum basis to the lowest responsive and responsible bidder. Responsive bids comply in all material aspects with the conditions of the bid. Responsible bids shall be determined by the capability of the bidder to perform the contract in all respects, including those matters discussed in the Qualifications of Bidders section, based in part on responses to this Invitation to Bid. Based upon the review of completed projects, the Commission may determine that a bidder is not responsible, as that term is used in VA Code Section 2.2-4301. If the apparent low bidder is determined to be non-responsible, the bidder shall be notified as provided in VA Code Section 2.2-4359.

The Commission reserves the right to reject all bids, in whole or in part, to waive informalities, and to delete items before making the award, whenever it is deemed in the sole opinion of the Commission to be in its best interest.

2. BID BOND: If the bidder’s bid amount is $100,000 or greater, the bidder shall submit, with the bid package, a bid bond from a surety company legally authorized to do business in Virginia in the amount of five percent (5%) of such Bid with the understanding that it shall guarantee that the bid prices remain valid during the period of Ninety (90) calendar days following the opening of the bids. It shall further guarantee that if the bid is accepted, the bidder shall enter into a formal contract with the Owner and that the bidder will furnish the required bonds. Upon execution of the contract and substitution of the Performance Bond, the bid bond will be returned. The bond of the lowest three unsuccessful bidders will be returned within thirty (30) days after the award/execution, with the successful bidder or cancellation, or rejection of bids. All other bonds shall be returned within seven (7) days following the bid opening.

3. BID PRICES: Bid prices shall be in the form of firm, fixed prices. See the Bid Schedule.

4. BRAND NAME OR EQUAL: In accordance with Code of Virginia, Section 2.2-4315, as amended, unless otherwise provided in the Invitation for Bid, the name of a certain brand, make or manufacturer shall not restrict bidders to the specific brand, make or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the Commission in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

Unless otherwise provided in the Invitation for Bid, no proposed equal will be considered prior to receipt of bids. If bidding a proposed equal, the bidder is responsible to clearly and specifically identify the article being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the Commission to determine if the article offered meets the requirements of the solicitation. Failure to furnish adequate data for evaluation purposes may result in declaring a bid non-responsive. Unless the bidder clearly indicates in the bid that the article offered is an equal, such bid will be considered to offer the brand name referenced in the solicitation. It shall be understood that the burden of proof for an equal article shall be and remain the sole responsibility of the bidder. The Commission’s failure to object to a manufacturer will not constitute a waiver of any of the requirements of the contract documents, and all products furnished must conform to such requirements.

a. The Contractor shall be responsible for making all changes in the work necessary to adapt and accommodate “equal” products which are submitted and accepted in lieu of the products whose name and model numbers are specified and around which the drawings, where applicable, were developed. The necessary changes shall be made at the Contractor’s expense. The Contractor shall submit sufficient data concerning the proposed equal products and resulting necessary changes to the project to the Commission documenting that the proposed product(s) can be properly integrated with the project.

5. COMPLETION DATE: The Commission will issue a limited (administrative) Notice-to-Proceed (NTP) following the award of the contract to validate field conditions, submittals approval, materials procurement, obtaining Airport Security Identification badges, and the Henrico County Building permit. The limited NTP will be for no more than Sixty (60) calendar days. At the expiration of the limited NTP (or earlier, as agreed upon by the Commission and Contractor), the Commission will then issue a construction Notice-to-Proceed to perform the work. All work must be substantially completed no later than One Hundred and Twenty-Seven (127) calendar days following receipt of the construction NTP. Project Closeout Duration shall be Thirty (30) calendar days.

The contractor shall include in his bid all the costs required to ensure the timely delivery of all materials required to complete the project within the time allowed.

6. FAMILIARITY OF JOB SITE: The Bidder’s signature on the bid constitutes certification that the Bidder is familiar with the job site and is aware of the conditions under…