IFB #61-26-SKLFire Station 1 at Effingham Street and Randolph Street Traffic Signal Improvements1 Project Manual.pdf

101 - 1

Fire Station 1 at Effingham Street and Randolph Street Traffic Signal Improvements June 11, 2026 IFB No. 61-26-SKL

SECTION 101

DEFINITIONS OF TERMS

I. GENERAL DEFINITIONS

Wherever used in the Contract Documents, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof:

1.1 Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bid Documents or the Contract Documents.

1.2 Agreement - The written agreement between the Owner and the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.3 Application for Payment - The form provided in the Contract Documents which is to be used by the Contractor in requesting progress and final payments and which is to include such supporting documentation as is required by the Contract Documents.

1.4 Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

1.5 Bid Documents - Documentation issued prior to the bid date, including documentation accompanying the Bid (Drawings, Project Specifications, HRPDC Regional Construction Standards, Addenda, and Special Provisions) and any Post-Bid documentation submitted prior to the Notice of Award.

1.6 Bidder - Any person, firm or corporation submitting a Bid for the Work.

1.7 Bonds - Performance and Payment Bonds furnished by the Contractor and the Contractor's surety in accordance with the Contract Documents.

1.8 Bid Security - Bid Bonds and other instruments of surety, furnished by the Contractor or the Contractor's surety in accordance with the Contract Documents.

1.9 Change Order - A written order to the Contractor authorizing an addition, deletion, or revision in the Work within the general scope of the Contract Documents that authorizes an adjustment in the Contract Price and/or Contract Time, issued on or after the Effective Date of the Agreement.

1.10 Completion Date - The date specified in the Notice to Proceed for final completion of the Work.

1.11 Contaminated Effluent - Effluent from construction dewatering activities that is impacted with contaminants of concern and require special handling in accordance with applicable federal, state and local regulations.

1.12 Contaminated Groundwater - Groundwater that is impacted with contaminants of concern and require special handling in accordance with applicable federal, state and local regulations.

101 - 2

June 11, 2026 IFB No. 61-26-SKL

1.13 Contract Documents - The Agreement, including the Bid Documents, Notice of Award, Notice to Proceed, Field Orders, Change Orders, and Modifications.

1.14 Contract Price - The total monies payable to the Contractor under the terms and conditions of the Agreement.

1.15 Contract Time - The number of calendar days stated in the Agreement for the completion of the Work. Calendar days shall be understood to be consecutive.

1.16 Contractor - The person, firm or corporation with whom the Owner has executed the Agreement.

1.17 Day - A calendar day of twenty-four hours measured from midnight to the next midnight. Calendar days shall be understood to be consecutive.

1.18 Defective - An adjective, which when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Owner’s acceptance.

1.19 Drawings - The plans that show the character and scope of the Work to be performed.

1.20 Effective Date of the Agreement - The date indicated in the introductory paragraph of the Agreement.

1.21 Engineer - The person, firm or corporation named as such in the Agreement. In the event the Owner should not require the services of the Engineer, then the powers, duties, and responsibilities conferred in the Contract Documents to the Engineer shall be construed to be those of the Owner.

1.22 Field Order - A verbal or written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer or Owner to the Contractor during construction.

1.23 Final Completion - All work, including punch list items noted at the final inspection, is complete to the satisfaction of the Owner.

1.24 Groundwater Effluent - Groundwater that is pumped from the ground during construction.

1.25 Laws and Regulations - Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.

1.26 Liens - Liens, charges, security interests or encumbrances upon real or personal property.

1.27 May - The term "may" is permissive.

1.28 Notice - All written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with the Contract Documents. Any written notice by either party to the Agreement shall be sufficiently given if delivered to or at the last known business address of the person, firm or corporation constituting the party to the Agreement, or to his, their, or its authorized agent, representative or officer, or when enclosed in a postage envelope addressed to such last known business address and deposited in a United States mailbox. Notice shall be deemed received within 3 business days of U.S. Mail Service postmark date.

101 - 3

June 11, 2026 IFB No. 61-26-SKL

1.29 Notice to Proceed - A written notice given by the Owner to the Contractor (with a copy to the Engineer, if appropriate) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform its obligations under the Agreement.

1.30 Owner - The public body or authority, corporation, association, firm or person with whom the Contractor has entered into the Agreement and for whom the Work is to be provided.

1.31 Owner's Representative - The person, firm or corporation named by the Owner to act as the Owner’s agent.

1.32 Partial Utilization - Use by the Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

1.33 Project - The entire Work as described in the Contract Documents, including Work that is necessary and incidental to the furnishing of all materials, services, equipment, labor and supplies required to install, perform, and complete all items of Work in accordance with Contract Documents.

1.34 Reference Standards - Those bulletins, standards, rules, methods of analysis or tests, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time the Project was advertised, unless specifically referred to by edition, volume, or date.

1.35 Regional Construction Standards - The construction standards, published by the Hampton Roads Planning District Commission (HRPDC) as amended from time to time.

1.36 Responsible Bidder - A person or firm who, in the sole opinion of the Owner, has the capability in all respects, to fully perform the contractual requirements as well as the moral and business integrity and reliability to assure good faith performance.

1.37 Responsive Bidder - A person or firm who has submitted a bid that conforms in all material respects to the Bid Documents.

1.38 Resident Project Representative - The authorized representative of the Engineer or Owner who is assigned to the Project or any part thereof.

1.39 Roadway Prism - All of the land or area within the right of way that needs to be cut, filled, graded, or otherwise disturbed to produce the design cross section, including, but not limited to, areas for curbs, ditches, sidewalks, paths, and slopes to match existing grade.

1.40 Rock - Any indurated material with a minimum compressive strength of 200 psi that requires drilling, wedging, blasting, or other methods of brute force for excavation.

1.41 Shall - The term "shall" is mandatory.

1.42 Shop Drawings - All drawings, diagrams, illustrations, schedules, specified design related submittals, and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work.

1.43 Special Provisions - Requirements in addition to or modification of the HRPDC Regional Construction Standards.

101 - 4

June 11, 2026 IFB No. 61-26-SKL

1.44 Specifications - Those portions of the Contract Documents or HRPDC Regional Construction Standards consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

1.45 Standard Details - Those portions of the HRPDC Regional Construction Standards consisting of drawings, explanatory of another drawing, indicating in detail and at a larger scale, the design, location, composition and correlation of elements and materials.

1.46 Subcontractor - A person, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

1.47 Substantial Completion - That date certified by the Owner when the construction of the Project or a specified part thereof is sufficiently completed in accordance with the Contract Documents, including completion of all tests, so that the Project or specified part can be utilized for the purpose for which it is intended.

1.48 Successful Bidder - The lowest, responsible and responsive Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award.

1.49 Supplier - Any person or organization that supplies materials or equipment for the Work, including that fabricated to a special design.

1.50 Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

1.51 Work - All labor, materials, equipment, transportation, supervision, or other facilities, duties or incidentals necessary for execution and completion of the Project in compliance with the Contract Documents.

End of Section

June 11, 2026 Portsmouth, Virginia

102-1

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

I. INVITATION FOR BIDS (IFB) #61-26-SKL

1. Long Form

PROJECT: Fire Station 1 at Effingham Street and Randolph Street Traffic Signal Improvements

LOCATION: 1601 Effingham Street, Portsmouth, Virginia, 23704

DATE: June 11, 2026

The City of Portsmouth, Virginia will receive electronic sealed Bids for the above titled until 2:00 p.m.

local time on Tuesday, July 14, 2026. Bids will be publicly opened and read aloud on the next day, at 2:30 p.m. by the Issuing Agency at the Teams meeting link below: Any Bids received after the specified time and date will not be considered. Bid opening Teams meeting link:

https://teams.microsoft.com/meet/295293713297564?p=N0SnHGlVIrOxsGspCD

The Work under this Project consists of construction of traffic signalization, curb and gutter, curb ramp, sidewalk, signing, and striping work.

Bid Documents may be examined electronically on the eVA Virginia Business Opportunities website.

eVA https://eva.virginia.gov

The Hampton Roads Planning District Commission’s Regional Construction Standards, Sixth Edition, June 2016, are hereby referenced and are part of the Bid Documents, except as may be modified by the Special Provisions of this Project or as may be shown by bold type for additions and strike-throughs for deletions. Copies of the Regional Construction Standards may be purchased at the offices of the HRPDC, 723 Woodlake Drive, Chesapeake, VA 23320 (Telephone 757-420-8300) or Executive Tower, Suite 1-C, 2101 Executive Drive, Hampton, VA 23666 (Telephone 757-262-0094). The latest edition of the Regional Construction Standards and Publication Updates may be downloaded at the HRPDC website http://www.hrpdcva.gov/Regional_Construction_Stnds/REGCONST_Home.asp.

Bidders must be aware that these Bid Documents incorporate a number of changes, which supplement, modify, or replace language and/or Standard Details found in the HRPDC Regional Construction Standards.

Details shown on the Drawings replace corresponding Standard Details found in the Regional Construction Standards.

Bid Security in the amount of FIVE percent ( 5 %) of the Bid shall be submitted with each Bid.

102-2

A NON-MANDATORY PRE-BID CONFERENCE will be held on Thursday, June 25, 2026, at 3:00 p.m. Local Time in the Engineering Conference Room, 801 Crawford Street, 4th Floor, Portsmouth, Virginia 23704.

Deadlines for questions regarding this solicitation must be submitted no later than 5:00 pm Tuesday, June 30, 2026. Questions shall be submitted to Susan Kenney Lambert at lamberts@portsmouthva.gov. In the subject of the email, please add the project name and the IFB Number.

Contractor registration in accordance with Title 2.2 Chapter 43, Code of Virginia is required. The Bidder shall include in its Bid the following notation: "Licensed Virginia Contractor No. ."

Withdrawal of Bids due to error shall be subject to and in accordance with Section 2.2-4330 of the Code of Virginia and the Contract Documents.

The Owner reserves the right to waive minor non-substantive informalities in the Bid, to reject any/or all Bids, to award any Bid in whole or in part and award the Bid considered to be in the best interest of the Owner. The Owner also reserves the right to negotiate with the lowest responsive, responsible Bidder should Bid exceed available funds.

The City of Portsmouth seeks to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities and to encourage their participation in the City’s procurement activities. Toward that end, the City encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, and other contractual opportunities. Bidders (offerors) are asked, as part of their submission, to describe any planned use of such businesses in fulfilling this contract.

“Bidders must comply with the following: The President’s Executive Order #11246 prohibiting discrimination in employment regarding race, color, creed, sex, or national origin; the President’ Executive Order #12138 and 11625 regarding utilization of MBE/WBE firms; the Civil Rights Act of 1964. Bidders must certify that they do not or will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed, or national origin.” By execution of the Bid Form and Contract Documents the contractor certifies to the aforementioned requirements.

The City of Portsmouth does not discriminate in the solicitation or awarding of contracts on the basis of race, religion, faith-based organizations, color, national origin, age, disability or any other basis prohibited by state or federal law.

Bidders submitting bids for providing goods and services to the City of Portsmouth shall exercise good faith efforts to comply with the City of Portsmouth M/WBE goals for the contract that is the subject of this solicitation. No act or omission by the City will relieve the Bidder of this responsibility. The City reserves the right to reject any bid and deem any bidder as non-responsive for failing to meet the City of Portsmouth M/WBE program policy requirements, including the mailto:lamberts@portsmouthva.gov

102-3 submission of required documents with a bid. Excerpts from the City of Portsmouth M/WBE program policy and the required forms are included in this solicitation as “CITY OF PORTSMOUTH SPECIAL INSTRUCTIONS TO BIDDERS” in SECTION 102 BIDDING

REQUIREMENTS AND CONDITIONS.

By: Steven Carter, MBA, CGCIO James E. Wright, P.E.

City Manager City Engineer

II. INSTRUCTIONS TO BIDDERS

1. Bid Documents

1.1 Complete sets of Bid Documents shall be used in preparing Bids. Neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

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

1.3 The Special Provisions for this Project as set forth in Section 110 were prepared by City of Portsmouth.

Additional Special Provisions for this Project appear as modifications to the HRPDC Regional Construction Standards by strike-throughs for deletions and bold type for additions in Sections 100 through 109.

1.4 The Drawings for this Project, prepared by VHB Inc. and dated June 8, 2026, are defined as follows:

2. Examination of Contract Documents and Project Site

2.1 It is the responsibility of each Bidder before submitting a Bid:

A. To examine thoroughly the Bid Documents;

Plan Sheet Description

SHEET NO. 1 TITLE SHEET AND PLAN INDEX

SHEET NO. 2 GENERAL CONSTRUCTION NOTES

SHEET NO. 3 TOPOGRAPHIC SURVEY

SHEET NO. 4 DEMOLITION PLAN

SHEET NO. 5 SIGNAL PLAN

SHEET NO. 6 CURB RAMP AND PAVEMENT MARKING PLAN

102-4

B. To become familiar with and satisfy the Bidder as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work;

C. To study and carefully correlate the Bidder's knowledge and observations with the Bid Documents and such other related data; and, D. To promptly notify the Owner of all conflicts, errors, ambiguities or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related documents or field/site conditions.

2.2 Reference is made to Sections 104 III and 104 IV, for information relating to reports, explorations, underground facilities, and easements. On request, at the discretion of the Owner, the Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. The Bidder shall fill all holes and clean up and restore the site to its former condition, including reseeding and/or resodding any disturbed areas upon completion of such explorations, investigations, tests and studies, and hold the Owner harmless from any damage to property or injury to persons resulting from or arising out of such exploration, investigation, tests, and studies. The Bidder shall obtain and comply with all local and state permitting requirements.

3. Interpretations and Addenda

3.1 No oral explanation in regard to the meaning of the Contract Documents will be made, and no oral instructions will be given before the award of the Work. Discrepancies, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing to the Owner for interpretation.

Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bids. Any interpretation made will be in the form of an addendum to the Contract Documents, which will be forwarded to all known Bidders, and its receipt shall be acknowledged on the Bid form. All questions shall be received no later than 5:00 p.m., local time, on Tuesday, June 30, 2026.

3.2 Addenda may also be issued to modify the Contract Documents.

3.3 Subsurface Exploration - Subsurface boring data may be included in the Appendix. The Bidder shall be responsible for conducting any further subsurface investigations that he deems necessary.

Geotechnical exploration and analysis information included, in whole or in part, in these Bid Documents gives the physical data on subsurface conditions as obtained for the Owner only, and in no event is this information to be considered as part of the Contract. It is expressly understood that neither the Owner nor the Engineer will be responsible for any interpretation or conclusions drawn therefrom by the Contractor.

Bidders are cautioned that the subsurface boring data was used for general design purposes only and may be inadequate for the purposes of bidding the Contract items. It is strongly recommended that the Contractor perform his own subsurface investigation(s) to the extent necessary to satisfy himself as to the subsurface conditions.

102-5

4. Bid Security

4.1 Each bid shall be accompanied by a Bidder's bond issued by a company authorized and licensed to transact business as surety in the Commonwealth of Virginia, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to The City of Portsmouth, Virginia. Upon approval of the Owner's attorney, in accordance with Section 2.2-4338, Code of Virginia,1950, as amended, and with Section 12-247 of the Code of the City/County of Portsmouth, Virginia, as amended, a Bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds for the amount required for the Bid Security. The Bid Security shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the Bidder that if the bid is accepted, the Bidder shall execute the contract. If a certified check is offered as guarantee, it shall be made payable to City of Portsmouth.

4.2 The Bid Security shall be returned to all except the three (3) lowest Bidders within ten (10) days after the date of Bid opening. The Bid Security will be returned to the three (3) lowest Bidders within five (5) days after the execution of an Agreement and Performance and Payment Bonds and Certificates of Insurance have been approved by the Owner. None of the three (3) lowest Bids shall be deemed rejected, notwithstanding acceptance of one of the Bids, until the Agreement has been executed by both the Owner and the Successful Bidder.

5. Liquidated Damages

5.1 Provisions for liquidated damages are set forth in Section 108-X and in Section 102 III (Bid form).

6. Preparation of Bid

6.1 All blanks on the Bid form shall be completed in ink.

6.2 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

6.3 Bids by unincorporated organizations shall be executed in the organization's name and signed by an individual having authority to enter into a contract on behalf of such organization, whose title shall appear under the signature and the official address of the organization shall be shown below the signature. For example, if such organization is a Limited Liability Company, the Bid shall be signed by a member or by its manager, as authorized in its operating agreement; in the case of a manager-led Limited Liability Company, the Bid shall be signed by its manager; or if such organization is a Limited Partnership, the Bid shall be signed by a general partner.

6.4 All names shall be typed or printed in ink below the signature. All names shall be the legal name of the corporation, unincorporated organization and/or individual.

6.5 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid form).

102-6

6.6 The address, telephone number, e-mail address and fax number for communications regarding the Bid shall be provided.

6.7 It is understood and agreed that, in the event an Agreement is executed for the supplies, equipment or services included in the Bid, no indication of such sales or services to the Owner shall be used in any way in product literature or advertising without the written consent of the Owner.

7. Quantities and Unit Prices

7.1 The Owner reserves the right to increase or decrease the amount of any class or portion of the Work. No such change in the Work shall be considered as a waiver of any condition of the Agreement nor shall such change invalidate any of the provisions thereof. Payment will be made at the unit or lump sum prices under the Agreement only for the Work actually performed or materials furnished and accepted.

7.2 Bidders shall include in their Bid prices the entire cost of each item set forth in the Bid, and it is understood and agreed that there is included in each lump sum or unit price bid item the entire cost necessary or incidental to the completion of that portion of the Work, unless such incidental Work is expressly included in other lump sum or unit price bid items.

8. General Equipment or Material Specification.

When the Bid Documents specify one or more manufacturer's brand names or makes of materials, devices or equipment as indicating a quality, style, appearance or performance, with the statement "or equal," the Bidder shall base the Bid on either one of the specified brands or an alternate brand which the Bidder intends to substitute. Use of an alternate shall not be permitted unless it has been found to be equal or better by the

Owner and at no additional cost to the Owner. The Owner will not prequalify any substitute materials or equipment submitted by the Bidders. Only substitute items submitted by the successful Bidder after the date of the Contract Award will be considered by the Owner or his representative.

8.1 The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder. The Bidder shall furnish at its own expense, such information relating thereto as may be required by the Owner. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and the Owner's decisions shall be final. Any other brand, make or material, device or equipment which, in the opinion of the Owner is recognized to be the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be accepted. In the event of any adverse decision by the Owner, no claim of any sort shall be made or allowed against the Engineer or Owner. Samples, if requested by the Bidder, may be returned at the Bidder's expense.

8.2 If in the sole discretion of the Owner an item proposed by the Contractor does not qualify as an "or-equal" item it may be considered as a proposed substitute item. The Contractor shall furnish the Owner any such information as the Owner may request to evaluate the substitute item to include estimates of costs or credits, redesign, claims or schedule impacts, warranty or maintenance issues or payment of any license or royalty that could directly or indirectly result from acceptance of the substitute. Any cost or time impacts to the project schedule caused by the Contractor's submission of a substitute shall be borne by the Contractor. Any costs incurred by the Owner or by the Owner's Engineer in reviewing the suitability of the substitute item

102-7 shall be borne by the Contractor. The Owner may refuse to accept a substitute unless an acceptable adjustment in the Contract Price is offered by the contractor.

9. Proprietary Material and Equipment Specification

Where any item of equipment or material is specified by proprietary name, trade name, catalog reference, or name of one or more manufacturers, without the addition of such expressions as "or equal," it is to be understood that those items are so specified for reasons of standardization in maintenance and operation, or for reasons of obtaining desirable features best suited to the requirements of the Specifications. This specific equipment shall form the basis of the Bid and be furnished under the Agreement. Where two or more items of equipment or material are named, the Contractor has the option to use either.

10. Additive/Alternate Bids

10.1 Additive Bids

Additive bid items are those in addition to the base Bid items. Bidders shall submit additive Bids on all items as shown on the Bid form. Award shall be based on the lowest responsive and responsible Bid for base Bid plus all additive bid items listed and in accordance with any criteria in the Special Provisions.

10.2 Alternate Bids

Alternate bid items are those where more than one type of improvement may be considered for a portion or all of the Work due to the character of the improvement and uncertainties which may be encountered during construction. If alternate Bids are requested for a portion of or all of the Work, Bidders shall submit alternate Bids for all alternate(s) the Bidder or its Subcontractor is qualified to perform. Award shall be based on the lowest responsive and responsible Bid for the base Bid plus the amount added or deleted for the alternate bid items selected by the Owner and in accordance with any criteria in the Special Provisions. The alternates selected shall be at the sole discretion and in the best interests of the Owner.

11. Submission of Bids

11.1 Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be sealed, marked with the Project title and name and address of the Bidder, and accompanied by the bid guarantee and other required documents. The Bid may not be changed by markings on the envelope. Only the amounts indicated on the Bid form will be considered in determining the final Bid amount.

11.2 It will be the responsibility of Bidder to see that its Bid is submitted to the Owner by the specified time and date. There will be no exceptions. Date of postmark will not be considered. Phone or telegraphic bids (including FAX) will not be accepted.

11.3 When a license is required, the Bidder shall include in its Bid over the Bidder's signature the following notation: "VIRGINIA LICENSED CONTRACTOR NO. " (Ref. Title 2.2, Chapter 43, and Title 54.1, Chapter 11, Code of Virginia).

102-8

11.4 When a license is not so required and a person who is not the holder of a License enters a Bid, such person shall include in its Bid over the Bidder's signature the following notation: "LICENSING NOT REQUIRED

UNDER VIRGINIA STATE CODE."

11.5 The Bidder shall complete and submit the Debarment Certification form. A copy of the form is included in Section 102, VI at the end of this Section.

11.6 The Bidder shall complete and submit the Certificate of Compliance with Immigration Laws and Regulations form. A copy of the form is included in Section 102, VII in this section.

11.7 The Bidder shall complete and submit the Non-Collusion Affidavit form. A copy of the form is included in Section 102, III.K in this section

12. Receipt and Opening of Bids

12.1 Bids will be opened publicly at the time and place and under the conditions stated in the Invitation for Bids.

The Owner's Representative whose duty is to open Bids will decide when the specified time has arrived.

The official time and date used in the receipt of the Bids is that time and date stamped by the Owner when the Bid is submitted. Date/time stamps marked after the designated time and date of receipt will not be considered. No responsibility will be attached to any such person for the premature opening of a Bid not properly addressed and identified. It is the responsibility of the Bidder to assure that the Bid is delivered to the designated place of receipt prior to the time set for the receipt of Bids.

12.2 Bids will be opened and read aloud publicly.

13. Bids to Remain Subject to Acceptance

13.1 All Bids shall remain subject to acceptance for 90 Days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date, or extend the acceptance period an additional 90 days with the consent of the apparent low Bidder and surety.

14. Withdrawal of Bids

14.1 Withdrawal of Bids filed with the Owner may be made only by a representative of the firm submitting the Bid, who shall appear in person prior to the deadline designated in the advertisement for receipt of Bids.

Such representative shall furnish satisfactory identification and proof that they are authorized to withdraw the Bid. Telephone, e-mail, or facsimile notices will not be considered. Additions and/or deletions marked on the outside of the Bid envelope will not be considered.

14.2 In accordance with Section 2.2-4330(A)(i) of the Code of Virginia, as amended, if the Bid price was substantially lower than the other Bids solely to a mistake therein, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the Bid sought to be withdrawn and provided further the Bidder shall give notice in writing of his claim of right to withdraw within two (2) business days after the Bid opening, then the Bid may be withdrawn. The Bidder shall, within the following two (2) business days provide the

102-9 subjective data required in this section to satisfy the Owner’s representative that the grounds for such withdrawal do exist.

14.3 Should the Bidder refuse to enter into the Agreement after notification of award, the Bid Security shall be forfeited.

14.4 No Bid may be withdrawn under this section when the result would be the awarding of the Agreement on another Bid to the same Bidder or to another Bidder in which the ownership of the withdrawing Bidder is more than five percent.

14.5 If a Bid is withdrawn under the authority of this section, the remaining Bids shall be evaluated to determine the lowest responsive and responsible Bidder.

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

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

15. Evaluation of Bids

15.1 In evaluating Bids, the Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit and lump sum prices, and additive/alternate bid items if requested in the Bid form.

15.2 The Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work for which the identity of Subcontractors and other persons and organizations shall be submitted as specified in the Bid Documents.

15.3 The Owner may conduct such investigations as deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Bid Documents to the Owner's satisfaction within the prescribed time.

15.4 Bids will be based upon the estimated quantities shown in the Bid form. Bids will be compared on the basis of a total computed price; arrived at by taking the sum of the estimated quantities of each Bid Item, multiplied by the corresponding unit price bid, and any lump sum Bids on the individual items.

Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words. The right to reject any or all Bids or to accept any Bid considered of advantage to the Owner is reserved.

102-10

15.5 Unless all Bids are canceled or rejected, the Owner reserves the right granted by Section 2.2-4318 of the Code of Virginia and Section 12-252 of the Code of the City of Portsmouth as amended, to negotiate with the lowest responsible, responsive Bidder to obtain a Contract Price within the funds budgeted for the construction project. Negotiations with the lowest Bidder may include both modification of the Contract Price and the Scope of Work/Specifications to be performed. The Owner shall initiate such negotiations by Written Notice to the lowest responsible, responsive Bidder that its Bid exceeds the available funds and that the Owner wishes to negotiate a lower Contract Price. The Owner and the lowest responsive, responsible Bidder shall agree to the times, places, and manner of negotiations.

15.6 The acceptance of a Bid will be a notice in writing, signed by the Owner, and no other act shall constitute the acceptance of a Bid.

15.7 The Owner reserves the right to waive minor informalities as defined in Virginia Code Section 2.2-4301 in the Bid, to reject any/or all Bids, to award any Bid in whole or in part, and to award the Bid considered to be in the best interest of the Owner.

15.8 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder had an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

Award will be made to the lowest responsive and responsible bidder based on the sum of the total schedule of prices furnished by the bidder under II. Bid Form – B. Unit Bid Price.

16. Qualifications of Bidders and Subcontractors

16.1 The Contractor’s Questionnaire is included in the Bid Documents and shall be submitted with the bidder’s package upon request within 72 hours. This information will assist the Owner in investigations and determination of the Contractor's qualifications to perform the Work.

16.2 To demonstrate their qualification to perform the Work, each Bidder shall be prepared to submit further written satisfactory evidence that the Bidder has sufficient experience, necessary capital, materials, machinery and skilled workers to complete the Work. If financial statements are required they shall be of such date as the Owner shall determine and shall be prepared on forms acceptable to the Owner. The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the Work. The Owner's decision or judgment on these matters shall be final, conclusive and binding.

16.3 The apparent low Bidder shall, submit to the Owner a list of all Subcontractors who will be performing Work on the Agreement at such time and date directed by the Owner. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of experience and qualification for each such Subcontractor, person and organization. If the Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, the Owner may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. For any Subcontractors, other person or organization so

102-11 listed and to whom Owner does not make written objection prior to the giving of the Notice of Award, it will be deemed the Owner has no objection.

16.4 By submitting their Bid, Bidders certify that they are not now debarred by the Federal Government or by the Commonwealth of Virginia or by any other state, or by any town, city, or county, from submitting Bids on contracts for construction covered by this solicitation, nor are they an agent of any person or entity that is now so debarred.

16.5 If the Bidder is organized as a stock or nonstock corporation, a limited liability company, a business trust, or a limited partnership, or is registered as a registered limited liability partnership, the Bidder must be authorized to transact business in the Commonwealth as a domestic or foreign entity if so required by Title

13.1 or Title 50 of the Code of Virginia, or as otherwise required by law. The Bidder shall include the identification number issued by the State Corporation Commission on the Bid form or describe why the Bidder is not required to be so authorized. Any Bidder failing to do so shall not be awarded the Contract unless the Owner issues a waiver of this requirement and administrative policies and procedures are established by the locality. If the Bidder allows its existence to lapse, or its certificate of authority or registration to transact business in the Commonwealth of Virginia to expire, or be revoked or cancelled, such will be deemed as an act of default enabling the Owner to all remedies for default, including but not limited to revocation of this Agreement.

17. Sham or Collusive Bids

17.1 The Bids of any Bidder or Bidders who engage in collusive bidding shall be rejected. Any Bidder who submits more than one Bid in such a manner as to make it appear that the Bids submitted are on a competitive basis from different parties shall be considered a collusive Bidder.

17.2 The provisions contained in Sections 2.2-4367 through 2.2-4377, Code of Virginia, as amended, and Section 12-280 of the Code of The City of Portsmouth, Virginia, as amended, shall be applicable to all contracts solicited or entered into by Owner. By submitting their Bids, all Bidders certify that their Bids are made without collusion or fraud, and that they have not offered or received any kickbacks or inducements from any other Bidder, Supplier, manufacturer or subcontractor in connection with their Bid, and they have not conferred with any public employee having official responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

18. Time of Essence

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

19. Immigration Reform and Control Act of 1986

19.1 By submitting their proposal, Bidders/offerors certify that they do not, and will not during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

102-12

19.2 All Bidders must submit a completed Certification of Compliance with Immigration Laws and Regulations form (See Section 102.VII) with their Bid.

20. Notice of Required Disability Legislation Compliance

20.1 The Owner is required to comply with State and Federal disability legislation:

20.2 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 Owner may 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.

The apparent low Bidder shall comply with provisions of the Davis-Bacon Act and Related Acts. The Davis-Bacon Act stipulates that all laborers and mechanics employed by the contractor or subcontractors on federally assisted projects shall be paid wages at rates not less than those prevailing on similar construction in the area as determined by the Secretary of Labor. Wage rates specified in the applicable wage determination for this construction trade and geographic area are required as part of this contract. The wage determination must be checked 10 days prior to the bid opening date. The contractor or subcontractor shall insert in any subcontract the clauses included in 29 CFR 5.5 (a) (1) through (12) (Contract Provisions and Related Matters) including the applicable wage rates, and a clause requiring the subcontractor include these clauses in any lower tier subcontract. The prime contractor will be responsible for compliance by any subcontractor or lower tier subcontractor with all contract clauses in 29 CFR 5.5. Each contractor and subcontractor shall furnish each week, in which any contract work is performed, to the owner a payroll of wages paid to each of its employees engaged on work during the preceding weekly payroll period. A breach of these contract clauses will be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. If the apparent low bidder declines to make these submittals in a timely manner, then they will be deemed as non-responsive

City of Portsmouth Special Instructions to Bidders

A. These instructions include excerpts of the City of Portsmouth Virginia M/WBE Program Policy and Procedures Manual. The entire M/WBE Program Policy and Procedures Manual is incorporated by reference and is a part of these bid instructions.

102-13

B. Declaration of Policy Statement (Section I)

It is the policy of the City Council of the City of Portsmouth, hereinafter referred to as the City to: (1) provide minorities and women equal opportunity to participate in all aspects of the City's procurement and contracting opportunities and departmental purchases, including but not limited to, participation in City's solicitation for contracts for goods, materials, services, construction and repair work activities and lease agreements; (2) prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, sex, religion, national origin, age, disability, or status as a service disabled veteran, and (3) to conduct its procurement and contracting programs so as to prevent any discrimination prohibited by state law and federal law relating to discrimination in employment.

Additionally, the City seeks to develop and grow minority and women businesses in the Portsmouth area, and to remediate the effects of discrimination against minority and women-owned firms that has adversely affected their ability to participate in City contracts. The City further seeks to enhance competition in City contracting and promote economic growth and development in the City by:

1. Promoting existing minority, and women business (M/WBE) growth and profitability in the Hampton Roads Metropolitan Statistical Area (MSA); and

2. Monitoring, evaluating and reporting on M/WBE participation and contract compliance; and

3. Promoting the City’s Economic Development initiatives by including the utilization of minorities, women, and service-disabled veterans.

C. Project Goal (Section VI)

The City establishes a project specific M/WBE goal that is a percentage of the dollar value of all services and goods the procurement contract requires (including any contingency).

The M/WBE goal established for this project is 10%.

D. Counting M/WBE Participation (Section XI)

1. In accordance with the City’s commitment for the utilization of M/WBEs in City procurements, overall aspirational goals will be set for eligible procurements as well as separate project specific goals for major construction projects. Once the M/WBE goals have been established, M/WBE participation is then measured at the prime and subcontractor participation levels.

2. The City will only give vendors credit toward the M/WBE goal for those M/WBEs that:

a. Are certified M/WBEs as of the bid due date; and

102-14

b. Will actually perform a Commercially Useful Function; and

c. Will perform within the area(s) for which they are registered as a business unless the vendor provides documentation satisfactory to the Purchasing Administrator showing that the M/WBE has performed similar work in the past. The City will not give credit towards the goal for subcontracting to M/WBEs that are found to be affiliates of the vendor.

3. A prime contractor is required to meet the goal or demonstrate Good Faith Efforts for subcontracting with M/WBEs.