ITB_Hampton River Maintenance Dredging.pdf

INVITATION TO BID – CONSTRUCTION

ISSUE DATE: January 2, 2024 ITB #: 24-32TM NGIP CODE: 968.36

DATE/TIME OF CLOSING:

January 30, 2024 at 1:00 P.M. EST

BUYER NAME:

Tammy Martin, CPPB, Senior Buyer

COMMODITY: Dredging

THE CITY OF HAMPTON IS SEEKING BIDS FROM QUALIFIED BIDDERS TO PROVIDE All MATERIAL, EQUIPMENT

AND LABOR TO COMPLETE THE MECHANICAL DREDGING AND DISPOSAL OF DREDGED MATERIAL FOR

HAMPTON RIVER.

ACKNOWLEDGE RECEIPT OF ATTACHMENTS: A B C D (Please initial)

ACKNOWLEDGE RECEIPT OF ADDENDUM: 1 2 3 4 (Please initial)

Pre-Bid Conference – Mandatory Pre-Bid Conference to be held January 16, 2024 at 2:00. Location: 22 Lincoln Street, 4th Floor

Public Works Conference Room.

BIDDER NAME:

COMPETITIVE SEALED BIDDING. This Invitation to Bid (“ITB”) is subject to the competitive sealed bidding provisions outlined in Virginia Code §2.2-4302.1. Sealed bids will be received in Consolidated Procurement 1 Franklin Street Suite 345

Hampton, VA, 23669 until Closing Date and Closing Time as specified in this solicitation including any addenda issued by this office.

Bids received by telephone, email, facsimile, or any other means of electronic transfer will NOT be accepted. The City of

Hampton is not responsible for late delivery by the United States Postal Service or any other courier. All inquiries for information regarding this ITB are to be directed to the Issuing Office as defined herein.

THIS IS NOT AN ORDER. The City of Hampton, hereafter referred to as “the City”, reserves the right to accept or reject any and all bids in whole or in part and waives any informality in the competitive sealed bidding process. Further, the City reserves the right to enter into any one or more contracts deemed to be in its best interest. The entire contents of the ITB, addenda, and Bidder’s bid shall be incorporated by reference into any resulting contract.

QUESTION PERIOD. All questions regarding this solicitation shall be submitted in writing to Tammy Martin at tmartin@Hampton.gov by no later than January 22, 2024 at 3:00 PM EST. Questions must be submitted in writing; telephonic inquiries will not be considered.

All terms and conditions (bid submission, general, and special, as applicable) in this solicitation are intended to apply to the bid submitted by bidder and any resulting contract. The terms and conditions in this solicitation shall supersede any conflicting terms and conditions offered by bidder. Any additional terms and conditions a bidder intends to be considered shall be submitted with the bid as an exception. Such exceptions may result in a finding that the submittal is non-responsive to the bid, and bidder may be denied award based on claimed exceptions. Contractual documents submitted by a successful bidder after an award will not be accepted.

mailto:tmartin@Hampton.gov

Table of Contents

SECTION A

Subsection A.1 BID SUBMISSION TERMS AND CONDITIONS

Subsection A.2 BIDDER INFORMATION

Subsection A.3 EXPERIENCE AND QUALIFICATIONS (TO SUPPORT RESPONSIBILITY

DETERMINATION)

Subsection A.4 BID RESPONSE

Subsection A.5 BIDDER REPRESENTATIONS AND ACKNOWLEDGEMENTS

Subsection A.6 BID BOND

Subsection A.7 MINORITY AND WOMAN OWNED BUSINESS PROGRAM

SECTION B

Subsection B.1 GENERAL TERMS AND CONDITIONS

Subsection B.2 INSURANCE REQUIREMENTS

SECTION C

Subsection C.1 PERFORMANCE BOND

Subsection C.2 PAYMENT BOND

Subsection C.3 RETAINED FUNDS ESCROW AGREEMENT

Subsection C.4 PROJECT TIMELINE

SECTION D – DEPARTMENT SCOPE OF WORK, SPECIFICATIONS, DRAWINGS, AND SPECIAL CONDITIONS

SECTION E – ADDITIONAL TERMS AND CONDITIONS FOR FEDERALLY FUNDED TRANSACTIONS…… 52

SECTION A

Subsection A.1 BID SUBMISSION TERMS AND CONDITIONS

I. PREPARATION

1.1 Throughout the bidding process, up until award, bidders are prohibited from contacting City staff, representatives or agents other than the Consolidated Procurement Department on the subject of this

ITB or any subject related to this ITB except with prior knowledge and express permission from the

Procurement Director or designee.

1.2 All attached response forms must be used and submitted. Responses not submitted on said forms or not fully completed with all information may be declared nonresponsive. Additional pages may be attached if additional space is required to complete the forms.

1.3 All documents shall be signed in ink. Any corrections to entries made on forms shall be made in ink and initialed by the person signing the response. Bids containing any conditions, omissions, unexplained alterations or items not called for in the proposal, or irregularities of any kind, may be rejected by the City as being incomplete or nonresponsive.

1.4 All bids shall be submitted sealed, plainly marked showing the bid number, date, and time. Failure to return all required pages may result in a determination that the submittal is non-responsive.

1.5 General questions, requests for explanations, or interpretations of documents shall be made as directed. No oral explanation in regard to the meaning of drawings and specifications will be made and no oral instructions will be given before the award of the contract.

1.6 During preparation and prior to opening, each vendor shall not divulge, discuss or compare his response with others, and shall not collude with any other party to a response. A signed response shall be taken as an indication that the vendor fully understands the Commonwealth of Virginia’s

Conflict of Interest Act and the Commonwealth of Virginia’s Ethics in Public Procurement Act and that his actions in no way violate any of the provisions therein.

1.7 Unless this solicitation contains a clear statement that only one certain brand, make or manufacturer is acceptable and a clear reason is stated why such is so, the name of a certain brand, make or manufacturer does not restrict vendors to that named. Such only conveys the general style, type, character, and quality of that desired. During evaluation of responses, it shall be the sole discretion of the City to determine what is equal, considering quality, workmanship, economy of operation, and suitability for the purpose intended.

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

1.9 It is the responsibility of each bidder in preparing its bid:

a) To examine thoroughly the bid documents;

b) To visit the site 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 other such related data; and

d) To promptly notify the City 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.

1.10 Prices shall be all inclusive for the scope of the solicitation. Where applicable, the following shall apply: All shipments shall be F.O.B. destination, freight included. Delivery shall be inside as directed at the address indicated. Required delivery times and terms of payment shall be clearly stated.

1.11 Prices shall be stated in units of quantity specified. No additional charges shall be passed to the

City, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the City.

1.12 It is the Bidder’s responsibility to ensure that the Bidder receives all addenda to accompany the bid. Addenda are posted on the City’s website where bid documents can also be found.

1.13 It is the policy of the City of Hampton to encourage the development and sustain utilization of minority and woman-owned businesses (MBE/WBE). The City of Hampton encourages these firms to compete and encourages non-minority firms to provide for the participation of these businesses through subcontracting opportunities. Bidder is requested to complete the MBE/WBE Forms in this document.

II. SUBMISSION

2.1 Bid Submissions MUST include:

a) Subsection A.2: Bidder Information

b) Subsection A.3: Experience and Qualifications

c) Subsection A.4: Bid, including pricing sheet and any necessary attachments identified in the Scope of Work and Specifications, including all applicable licenses and permits

d) Subsection A.5: Bidder Representations and Acknowledgements

e) Subsection A.6 Bid Bond (for projects greater than $100,000).

f) Subsection A.7 MBE/WBE Forms

2.2 If the City is closed for business at the time scheduled for bid opening, for whatever reason, sealed bids will be accepted and opened on the next business day of the City, at the originally scheduled hour.

2.3 All bids must be signed by an authorized, responsible officer or employee having the authority to enter into contracts. The bidder agrees that its contract performance shall be in strict conformity with the contract documents.

2.4 Bidders may only request withdrawal of their bids from consideration if the bid is substantially lower than other bids due solely to an unintentional arithmetic error, unintentional omission of quantity of work, labor, or material made directly in the compilation of a bid that can be shown by objective evidence. A request to withdraw must be made in writing within two (2) days of the bid opening.

2.5 The City’s acceptance of responses does not place any liability or obligation on the City to the

Contractor. Financial obligations on behalf of the City shall occur only through the award of a contract and/or purchase order in accordance with applicable law.

2.6 The bidder certifies that by signing the bid that the bid is made without prior understanding, agreement, or accord with any other person or firm submitting a bid for the same goods and/or service and that this bid is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. Any false statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as civil damages.

2.7 A bid bond or certified check in the amount of five percent (5%) of the amount of the bid shall accompany any bid in excess of $100,000.00 for the bid to be considered responsive.

2.8 Bidder is to submit all applicable contractor’s licenses in conformance with Title 54.1, Chapter 11 of the Code of Virginia. The City requires bidder to submit a copy of his license or full certificate number prior to considering the bid.

2.9 By submitting their bid, bidders certify that they are not now debarred by the Federal Government, the Commonwealth of Virginia, any state, or any locality 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.

2.10 Bidder is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of Virginia, 1950 as amended) shall govern public inspection of all records submitted by Bidder.

a) Bidder may invoke the protections of §2.2-4342 of the Code of Virginia to protect trade secrets, proprietary information, and other confidential information provided by the Bidder:

i. Invoke the protections of this Section prior to, or upon submission of, the data or other materials.

ii. Provide a statement that identifies the data or other materials to be protected and that states the reasons why protection is necessary.

iii. Submit trade secrets or other proprietary information under separate cover in a sealed envelope clearly marked “PROPRIETARY”.

iv. References to the proprietary information may be made within the body of the Bid;

however, all information contained within the body of the bid shall be public information in accordance with State statutes.

v. An all-inclusive statement that the entire bid is proprietary is unacceptable. A statement that Bidder’s costs and/or bid pricing are to be protected is unacceptable.

Bidder will be requested to remove any such statement(s) in order to be eligible for further consideration.

b) The City reserves the right to submit such information to the City Attorney for concurrence of the Bidder’s claim that it is in fact proprietary. Information submitted that does not meet the above requirements will be considered public information in accordance with the VFOIA.

2.11 Bidder agrees that its Bid shall be binding and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing date of this ITB.

III. RECEIPT OF BIDS

3.1 Bids will be received on or before the date and the hour and at the place stipulated in the Invitation to

Bid and may be modified by subsequent Addenda. Consolidated Procurement Division operating hours are M-F 8:00 AM until 4:30 PM.

3.2 It is the responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s responsibility to take into account all factors which may impact its bid deliverer/courier’s ability to deliver the bid and to implement whatever actions are necessary to have the bid delivered to the proper bid receipt location prior to the bid receipt deadline. No bids or modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.

3.3 The Chief Procurement Officer or designee is the City’s representative designated to receive bids at the time and place noted in the ITB and to open the bids received at the appointed time.

3.4 The official time used for the receipt of responses is determined by reference to the clock designated by the Chief Procurement Officer or designee. The Chief Procurement Officer or designee shall determine when the bid receipt deadline has arrived and shall announce that the deadline has arrived and that no further bids will be accepted. All bids in the possession of the Chief Procurement Officer or designee or designee at the time the announcement is completed are deemed to be timely, whether or not the bid envelope has been physically date/time stamped or otherwise marked by the time the

Procurement Officer makes the deadline announcement.

3.5 The solicitation document maintained by the Procurement Department in the bid file folder shall be considered the official copy. Any exception or changes to the specifications made by the bidder may be cause to disqualify a bid.

3.6 To demonstrate its qualifications 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 City shall determine and shall be prepared on forms acceptable to the City. The

City may make any such investigations as deemed necessary to determine the ability of the bidder to perform the Work. The City’s decision or judgment on these matters shall be final, conclusive and binding.

3.7 Samples, when requested must be furnished free of expense, and upon request, if not destroyed, will be returned at the bidder’s risk and expense.

IV. AWARD

4.1 Award will be made to the lowest responsive and responsible bidder. The quality of the construction serves to be supplies, conformity to the specifications, suitability to requirements, delivery terms, qualifications, reference, and past performance with the City will be taken into consideration in making an award. Unless cancelled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the Procurement Director may negotiate with the apparent low bidder to obtain a contract price within available funds.

4.2 Prices shall be entered on and in accordance with the bid form. In case of an error in the calculation of cost based on multiple units of the same item, the unit price shall govern and the correct amount will be calculated by the City. In case of an error in the total cost, the individual line items shall govern and the summation will be calculated by the City.

4.3 Successful bidder(s) shall furnish all required bonds, certificates of insurance and required endorsements on City approved forms included in this bid package within fifteen (15) days of notice of the award. Any other forms are not acceptable and will not be approved by the City Attorney’s

Office. Time is critical on this work and non-compliance or failure to submit the appropriate documents in a timely manner will delay the work and may be cause to make award to the next qualified bidder.

4.4 Successful bidders shall within seven (7) days of posting of the Intent to Award, shall submit to the

City a list of all subcontractors who will be performing work on the project. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of experience and qualifications of each such subcontractor, person and organization. If the City, after due investigation, has reasonable objection to any proposed subcontractor, other person and organization, the City may, before contract signing, 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. For any subcontractors, other persons, or organization so listed and to whom City does not make written objection prior to awarding the contract, it will be deemed the City has no objection.

Subsection A.2 BIDDER INFORMATION

Name of Bidder:

Trade Name:

Address:

Phone Number: Fax Number:

Email Address:

State Corporation Commission ID: ______________________

City of Hampton Business Prof. License Tax No.:

Class of Contractor License: _______ Contractor License Number: ________________________________

Federal Tax Identification Number: ___________________; OR Social Security Number (Sole Proprietor):________________

NOTE: Numbers identified as social security numbers will be redacted in public documents.

DUNS # __________________________

Registered as a Class _____ Contractor with the Commonwealth of Virginia; Registration # ______________________________

In Accordance with Code of Virginia §54.1-1115(A1, A6) the City requires the bidder to submit a copy of his license or full certificate number prior to considering the bid.

Business Classification: (for informational purposes only)

Is Bidder a “minority” business? Yes No

African American Hispanic American Native American Asian American

Other; Please Explain: ______________________________________________________

Is Bidder Woman Owned? Yes No Is Bidder a Small Business? Yes No

Is Bidder Faith-Based Organization? Yes No Is Bidder a Disabled Veteran Business? Yes No

Check One: INDIVIDUAL PARTNERSHIP CORPORATION LLC

State in which Registered or Incorporated _____________________________

By signing this bid, Bidder certifies, acknowledges, understands, and agrees to be bound by the conditions set forth above and in the Bid Submission Terms and Conditions and General Conditions as described in Section B.

Authorized Signature: Date:

Printed Name: Title:

Issuing Office: Wherever used in this ITB, the Issuing Office will be:

Tammy Martin, Senior Buyer Phone: 757-727-2205

Consolidated Procurement Division Fax: 757-727-2207

1 Franklin Street, Suite 345 Email: tmartin@hampton.gov

Hampton, Virginia 23669

Wherever used in this ITB, the City Contract Administrator will be:

Name: Mohammad H. Shar Phone: 757-727-6780

Department: Public Works Engineering

Address: 22 Lincoln Street Email: mohammad.shar@hampton.gov

Hampton, Virginia 23669 mailto:mohammad.shar@hampton.gov

Subsection A.3 EXPERIENCE AND QUALIFICATIONS (TO SUPPORT

RESPONSIBILITY DETERMINATION)

1. Experience:

a. How many years has your company been in business as a Contractor under its present business name?____________________________________________

b. Do you have any prior names; if yes, please list them:

2. How many years of experience in this type of construction work does this bidder have?

a. As a Contractor?______________________

b. As a Subcontractor?____________________

3. Provide a list of uncompleted contracts/projects at present held by this bidder. (attach supplemental sheet if necessary)

Contract/Project Type of Work Amount % Complete

4. List the bidder’s crew foremen and supervisors proposed for this project and their years of related experience:

Name Years of Experience Dates of Employment with

Bidder

5. What construction equipment does this bidder own that is available for the proposed work? (attach supplemental sheet if necessary)

6. Does this bidder plan to subcontract any part of this work? If so, list name, address, years of experience, and type and amount of work to be performed by each Subcontractor.

7. Provide a list of projects similar in character and scope to the Work specified under this Contract which have been successfully completed by this bidder during the past three years. (attach supplemental sheet if necessary)

(The term “completed” means accepted and final payment received from the City or authorized representative)

Location &

Type of Work

City’s Name and Address

Contact person

(name and telephone)

Date Completed Contract Price

8. Have you ever performed work for a municipal corporation, local governing body, or similar agency previously? (If all such bodies are listed under 8, this question need not be completed.

9. Bidder Responsibility:

a. Has your company ever failed to complete any work awarded to it? _______If yes, give name of city, name of Bonding Company and circumstances:

b. Has your company ever been debarred by the Federal Government or by the Commonwealth of

Virginia, by any other state, or by any other locality?

Yes_________ No____________ If yes, please provide details:

c. Has your company ever had any judgments entered against it for breach of contract for construction?

__________ If yes, please provide details:

d. Give a summary of your financial statement. (List assets and liabilities, use an insert sheet if necessary)

10. State approximate largest dollar volume of work performed by your company in one year:

11. Give two (2) Banking Institution References:

a. Name:_________________________________________________________

Address:_______________________________________________________

Credit Available:________________________________________________

b. Name:_________________________________________________________

Address:_______________________________________________________

Credit Available:________________________________________________

12. List three (3) material suppliers and amount of credit available:

a. Name:_________________________________________________________

Address:_______________________________________________________

Credit Available:________________________________________________

b. Name:_________________________________________________________

Address:_______________________________________________________

Credit Available:________________________________________________

c. Name:_________________________________________________________

Address:_______________________________________________________

Credit Available:________________________________________________

13. List current insurance coverage:

14. Bonding reference: List surety company and highest coverage:

15. Have you or your authorized representative, personally inspected the location of the proposed Work, and do you have a clear understanding of the requirements of the Bid Documents?

Subsection A.4 BID RESPONSE

Insert any necessary attachments, including all applicable licenses and permits at this section behind bid response.

The BIDDER, in compliance with ITB 24-32TM HEREBY PROPOSES to furnish all labor, materials and equipment, and to complete the project in accordance with the Contract Documents, within the time set forth therein, and for the bid price stated herein. Said price shall cover all expenses incurred in performing the Work required by the Contract Documents, of which this proposal is a part.

Discrepancies between multiplication of units of work and unit prices will be resolved in favor of unit prices, discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in the favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words.

Total Contract Bid Price (Written): _____________________________________________________________

Figure $_________________________________________________________________________________

Check here if pricing sheet is attached as part of Section 3 Submission

Subsection A.5 BIDDER REPRESENTATIONS AND ACKNOWLEDGEMENTS

_________ (initial) NO CITY INDEMNIFICATION. The City of Hampton cannot legally agree to any clause indemnifying the

Bidder from any damages arising out of the contract or hold the Bidder harmless. The submission of a bid constitutes an agreement by the Bidder not to request such language in a resulting contract. In compliance with this solicitation and to all the conditions imposed herein, the undersigned agrees to perform any contract awarded as a result of this solicitation. The following section shall be signed by an agent authorized to bind the company. Failure to execute this portion may result in proposal rejection.

_________ (initial) ANTI-COLLUSION CLAUSE:

IN THE PREPARATION AND SUBMISSION OF THIS BID, SAID BIDDER DID NOT EITHER DIRECTLY OR INDIRECTLY

ENTER INTO ANY COMBINATION OR ARRANGEMENT WITH ANY PERSON, FIRM OR CORPORATION, OR ENTER INTO

ANY CONTRACT, PARTICIPATE IN ANY COLLUSION, OR OTHERWISE TAKE ANY ACTION IN VIOLATION OF THE

SHERMAN ACT (15 U.S.C. SECTION 1), SECTIONS 59.1-9.1. THROUGH 59.1-9.17 OR SECTIONS 58.1-68.6 THROUGH 59.1-

68.8 OF THE CODE OF VIRGINIA.

THE UNDERSIGNED BIDDER HEREBY CERTIFIES THAT THE CONTRACT, OR ANY CLAIMS RESULTING THEREFROM, IS NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION WITH, OR ANY ACT OF, ANOTHER PERSON OR

PERSONS, FIRM OR CORPORATION ENGAGED IN THE SAME LINE OF BUSINESS OR COMMERCE; AND, THAT NO

PERSON ACTING FOR, OR EMPLOYED BY, CITY HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS BID; AND, THAT NO PERSON OR PERSON, FIRM OR CORPORATION OTHER THAN THE UNDERSIGNED, HAVE, OR ARE

INTERESTED IN, THIS BID.

_________ (initial) DEBARMENT STATUS: By submitting this proposal, Bidder certifies that it is not currently debarred by the

Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor is it an agent of any person or entity that is currently so debarred.

_________ (initial) MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS FOR ITBs: By submitting a proposal, Bidder agrees that if awarded a Contract under this ITB, that Bidder, and any subcontractors Bidder uses for goods or services, will be required to utilize the City’s Contract. If Bidder submits its own agreement for use, the City reserves the right to change any terms of the Bidder’s agreement required for the City to meet its obligations under Virginia, local, and Federal law or regulations.

By signing this bid, Bidder certifies that all information provided is true and correct, and acknowledges, understands, and agrees to be bound by the conditions set forth above, in the Bid Terms and Conditions, and General Terms and Conditions, and any

Special Terms and Conditions.

Authorized Signature: Date:

Printed Name: Title:

Subsection A.6 BID BOND

Bid Bond # 24-32TM

KNOW ALL MEN BY THOSE PRESENT: That we, the undersigned:

_________________________________________________________, as Principal, and as Surety, acknowledge ourselves held and firmly bound unto the City of Hampton, Virginia, in the just and full sum of five percent (5%) of the maximum amount of accompanying bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

WHEREAS, the Principal has submitted a bid, dated ____________________, 2024 for ITB # 24-32TM

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused their corporation names and seals, respectively, to be hereunto subscribed and affixed by their officers in that behalf duly authorized this

__________ day of ____________________________________.

[CONTRACTOR NAME]

By: __________________________

Its: ___________________________

ATTEST: ______________________

[SURETY NAME]

By: __________________________

Its: ___________________________

ATTEST: ______________________

Submit with Power of Attorney Resident Virginia Agent of Surety

Subsection A.7 MINORITY AND WOMAN OWNED BUSINESS PROGRAM

The City of Hampton (“COH”) is implementing new strategies to solicit and utilize minority and woman-owned businesses. To encourage and sustain utilization of minority and woman owned businesses, subcontracting goals have been established for City contracts of $100,000 and above. The minority and woman-owned subcontracting goals are established by business categories.

The subcontracting goals established for this Contract include:

Minorities (MBE) 4.34% Non-minority women (WBE) 3.82%

Solicitation meetings will be held on contracts $100,000 and above to assist in attaining the contract minority and woman owned business goals.

The CITY requires that each minority and woman-owned business become a certified Small, Woman and

Minority owned business (SWAM) by the Virginia Department of Small Business and Supplier Diversity

(SBSD).

Any minority or woman-owned business that is not a certified SWAM vendor will not be considered for meeting the Contract goals as established.

Prime Contract solicitations require bidders to include, as part of their proposal or bid, a subcontracting plan to include certified minority and woman-owned vendors during the course of the contract work.

• A listing of all certified minority and woman-owned subcontractor vendors

• The dollar value of each subcontract

• A description of type of work to be performed under each contract

• SWAM certification number and contact information for each minority and woman-owned firm

Prime Contractor subcontractor/supplier solicitation information will be submitted to document firms contacted for quotes.

Prime Contractor solicitations and resulting contracts will require each successful bidder to report actual subcontract payments quarterly the Procurement Department to ensure accurate utilization records.

Prime Contractors are to submit quarterly sub-contractor payment information on all certified minority and woman-owned vendors no less than quarterly after the Notice to Proceed (NTP) is issued by the

Public Works Department.

Failure of a Prime Contractor to submit required documentation to the CITY can result in the withholding of a payment and/or other sanctions imposed by the CITY.

All bids submitted must include a subcontracting plan to be considered when determining the lowest responsible and responsive bidders by the CITY.

Changes to the subcontracting plan will require approval from the Procurement Office and Minority Business

Program Office during the life of the contract.

Failure of a contractor to adhere to its subcontracting plan may under certain circumstances, result in future loss of contracts and/or debarment from bidding by the CITY.

In these cases contractors will be requested to submit documentation of good faith efforts used to meet their subcontracting plan. Determination of efforts will be made on an individual contract basis. It is recommended that contractors pre-qualify or determine the subcontractors’ capabilities prior to subletting work.

Good Faith efforts are documented reasonable steps taken to achieve a Contract goal. These efforts are those taken by a bidder actively and aggressively trying to obtain the established goal. Mere pro forma efforts are not good faith efforts. It is not intended to be a mandatory checklist nor is it intended to be exclusive or exhaustive.

Other factors or types of efforts may be relevant in appropriate cases. The following is a list of types of actions which are considered good faith efforts:

• Soliciting through reasonable and available means (pre-bid meetings, advertisements, phone calls, community organizations, etc.)

• Selecting portions of the work to be subcontracted out to increase the likelihood that a Contract goal can be achieved.

• Providing interested firms with information necessary to respond in a timely manner to a request for solicitation

• Effectively using the services of available minority and woman-owned organizations, local, state and federal small business assistance offices, etc.

Documentation of such efforts can include a listing of M/WBE firm names, contact information, description of information provided and dates received quotes, etc.

(Please note: this requirement should not be construed as authorizing or directing the exclusion of non-SWAM owned businesses; rather, the purpose is to include as many qualified businesses as possible).

Any Prime Contractor that is a SBSD certified minority or woman-owned vendor that is awarded a contract of

$100,000 and above is not required to submit the above information as the Prime Contractor is itself such a certified business. This does not, however, relieve such a Prime from the obligation to achieve both Contract goals during the life of the Contract. The CITY reserves the right to review subcontracting plans and good faith efforts to ensure that both goals are achieved.

The CITY will utilize a performance evaluation process that will include documenting the quality of work and business practices of all vendors used on CITY contracts of $100,000 and above.

The suggested forms are attached for use by bidders to ensure consistent submission of required data.

MBE/WBE Form 1

CITY OF HAMPTON

DEPARTMENTAL MINORITY AND WOMAN-OWNED BUSINESS SOLICITATION

TELEPHONE RECORD FOR GOODS AND SERVICES

Completed by: ______________________________________ Date: _______________

Department Director: _________________________________

Date Department Bidder #1 Bidder #2 Bidder #3

Firm name

Address

Phone no.

Fax no.

Email address

Quantity Item description

Unit Price/Total Price Unit Price/Total Price Unit Price/Total Price

MBE/WBE Form 2

SUBCONTRACTOR/SUPPLIER UTILIZATION FORM

POTENTIAL MINORITY AND WOMAN-OWNED BUSINESS PARTICIPATION

Project no. __________________________________ Date submitted: __________

Bid goal % _____________ Total Contract Value ____________________

I/We propose that the certified SBSD businesses will be used on this Contract as stated herein and assure that during the life of the Contract. I/We will meet the goal established by the City of Hampton.

Bidder_________________________________ Signature________________________________

Title ______________________________ Date _________________________

Firm name Certification no.

Type (M/W) Percent bid Dollar value Type of work

MBE/WBE Form 3

SUBCONTRACTOR/SUPPLIER SOLICITATION AND UTILIZATION FORM (ALL)

Project no. ________________________ Date ____________________

The bidder certified that this form accurately represents its solicitation and utilization or non-utilization as indicated of the SBSD certified minority and woman-owned businesses listed below for performance of work on this project. The bidder certifies that he/she has had direct contact (email, fax, phone) with the named firms regarding performing work on this project.

Bidder ________________________ Signature______________________

Vendor no. Name of firm Telephone no. SWAM

Yes/No

Utilized Yes/No

MBE/WBE Form 4

MINORITY AND WOMAN-OWNED BUSINESS PAYMENT REPORT

Contractor__________________________ Date ______________________

Project no. _________________________ Reporting period _______ to _________

I/We certify that the information provided is accurate, current and complete to the best of my/our knowledge.

Company ________________________________

Print name __________________________ Title ______________________________

Firm name Certification no.

SWAM type

(M/WBE)

This quarter To date Type of work

Total dollar value amount paid to date to SWAM vendor

Frequently Asked Questions (FAQ’s) - MBE & WBE Goals

1. How do I know if there is a goal on a project?

It will be mentioned in the ITB (Invitation to Bid) or RFP (Request for Proposal). Bidders are encouraged to utilize certified SWaM vendors towards their efforts in meeting the MBE and WBE goals.

2. What is a SWaM vendor?

SWaM is the acronym for Small, Women and Minority owned businesses. A SWaM vendor is a business that has been certified by the Virginia Department of Small Business and Supplier Diversity (SBSD) and is listed in the SWaM Vendor

Directory.

3. Where can I find a list of SWaM certified MBE and WBE businesses?

A list of certified SWaM businesses can be found at the following websites:

o City of Hampton Small Business Directory: http://hamptonpublic.hampton.gov/swam/search.aspx allows searches by SWaM type, city location and description of work.

o Virginia Department of Small Business and Supplier Diversity www.sbsd.virginia.gov

The SBSD website allows searches by company name, SWaM type, NIGP commodity code or description and

Zip & NIGP Code.

4. Is it possible to meet both the MBE and WBE goals utilizing one contractor?

No. It is not possible to meet both the MBE and WBE goals utilizing one contractor. These are two separate goals; one for MBE and one for WBE and are independent of each other.

5. I have worked with a minority owned business in the past, but they are not SWaM certified, can I still use them towards meeting the goal?

No. The CITY requires that each minority and woman-owned business become SWaM certified by SBSD. Any minority or woman-owned business that is not a certified SWAM vendor will not be considered for meeting the contract goals as established.

6. I am a Minority /Woman Owned Business, but I am not SWaM certified, how do I get certified?

As found on the SBSD website, there are four steps to get certified: Complete an online application, Print out your application, Collect your supporting documentation on the checklist and send the signed application form to the SBSD.

Visit their website at www.sbsd.virginia.gov to start the process.

7. I am a SWaM certified minority / woman owned business, do I still need to meet the MBE and WBE goals?

Yes. The CITY encourages all prime contractors bidding on a project to document efforts and meet the goals.

8. Can I utilize vendors certified as a Small Business (S) that I found on the City of Hampton’s Directory or the Virginia

Department of Small Business and Supplier Diversity Directory?

You can, but it won’t be counted towards meeting the MBE and WBE goals. To meet the MBE goal a business needs to be certified as a Minority Owned Business Enterprise (M), Minority Owned Small Business Enterprise (MS). To meet the WBE goal a business needs to be certified as a Woman Owned Business Enterprise (W) or Woman Owned Small

Business Enterprise (WS).

9. Which forms do I have to turn in at bid opening?

There are 3 forms in your bid response forms pertaining to the Minority Business Program. At time of bid opening, submit Form 1 (Solicitation Telephone Record for Goods and Services), Form 2 (Subcontracting/Supplier Utilization

Form) and Form 3 (Subcontractor/Supplier Solicitation and Utilization Form). If awarded a contract, Payment

Information will need to be submitted MONTHLY during the course of the contract using Form 4 (Minority and Woman-

Owned Business Payment Report).

10. Which is the official form to list the Minority and Woman Owned subcontractors I am proposing to utilize on the project?

Fill out Form 2 (Subcontracting/Supplier Utilization Form) completely. Bidders must include this form as part of their proposal or bid to list certified minority and woman-owned vendors they plan to utilize on the project. This form should include information on:

• The dollar value and percentage for each subcontractor

• A description of type of work to be performed

• SWAM certification number and contact information for each minority and woman-owned firm http://hamptonpublic.hampton.gov/swam/search.aspx http://www.sbsd.virginia.gov/

11. I contacted a SWaM certified minority/women owned business, but I won’t be utilizing them, how do I document this?

Fill out Form 2 (Subcontractor/Supplier Solicitation and Utilization Form) completely.

12. How do I document good faith efforts?

Fill out Form 2 (Subcontractor/Supplier Solicitation and Utilization Form Solicitation) completely. Documentation of such efforts can include a listing of M/WBE firm names, contact information, description of information provided and dates received quotes, etc.

13. If awarded a contract, on what form do I report the payments made to subcontractors?

Successful bidders on CITY contracts will be required to report actual subcontract payments quarterly to the CITY to ensure accurate utilization records. Fill out Form 4 (Payment Information) completely to report this information.

14. At what point must a vendor be SWaM certified in order to be counted towards meeting the MBE and WBE goals?

By the bid opening date when an Invitation to Bid (ITB) is due.

15. Who can I contact if I have specific questions or need additional help finding certified minority or woman owned businesses?

You can contact City of Hampton’s Minority Business Office located within the Economic Development Department at

(757) 728-5171.

SECTION B

Subsection B.1 GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are a sample of what may be included in the final contract awarded to

Bidder and are subject to change.

I. Definitions.

A. The City and the Contractor are those named as such in the Contract. They are treated throughout the

Contract as if each were of the singular number and masculine gender.

B. The Project Manager shall be that individual named by the City to administer day-to- day activities, charged with the responsibility to insure compliance with the scope of work, terms and conditions, and cost in accordance with the Contract.

C. Subcontractor shall mean anyone, other than the Contractor, who furnishes at the site, under a contract with the Contractor, labor, or labor and materials, or labor and equipment.

D. Work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary to the successful completion of the Contract and the carrying out of all duties and obligations imposed by the

Contract.

E. Extra Work shall mean such additional labor, materials, equipment, and other incidentals, not shown on the drawings or called for in the specifications, but authorized by the City in writing as an addition to that Work called for in the Drawings and Specifications.

F. The Written Notice to Proceed is a separate document issued by the Project Manager after all other

Contract Documents have been issued and all pre-construction matters have been agreed upon between the City and the Contractor. The notice to proceed requires the Contractor to begin Work on the site within ten (10) calendar days of the date of its issuance.

II. Scope of Work. Contractor agrees that it shall perform services as specified in this ITB. The Contractor further agrees it will furnish all labor, equipment, and material necessary to perform all Work in accordance with the requirements and provisions of the Contract as defined in the General Terms and Conditions.

III. Time of Completion.

A. Schedule for Completion. The Contractor shall submit, as soon as practical after Award of Contract, a schedule which shall show the order (and value of) in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the Work, and estimated dates of completion of the several parts. The schedule of values, once approved by City, shall be the basis for submittal and approval of monthly progress payments. Each Contract shall have a set time for commencement of the

Contract and set number of days for completion of the Contract. Failure to complete the Work under the

Contract within the set number of days shall result in Liquidated Damages.

B. Extensions.

1. Extensions may be granted for completion of Work in the discretion of the Project Manager and the City when approved changes in the Work increase the needed time for completion, when the Work is suspended, or when the Work is delayed because of conditions or acts of others that could not have been foreseen by, or which were beyond the control of the Contractor, its subcontractors, and were not the result of the fault or negligence of the Contractor or its subcontractors.

2. If a Contractor believes it is due an extension, it shall submit in writing, along with its monthly request for progress payments, a request for the extension which clearly explains the circumstances which it feels justifies an extension. The request will be reviewed by the City and a written response, granting or rejecting the request, will be issued. Any request for days older than the current month will be dismissed without consideration. Time extensions shall constitute a formal change to the Contract terms and conditions and shall be issued accordingly. .NO TIME EXTENSION WILL BE GRANTED BY THE

CITY UNLESS THE ABOVE PROCESS IS FOLLOWED.

C. Liquidated Damages. Liquidated Damages shall be a dollar amount calculated based on the total value of the

Contract and determined in the sole discretion of the City. It is further understood and agreed that the payment of the Liquidated Damages is in lieu of actual damages for such occurrences. The Contractor hereby waives any defense as to the validity of any Liquidated Damages stated in the Contract as it may appear on the grounds that such Liquidated Damages are void as penalties or are not reasonably related to actual damages.

D. Suspension. The City may, on its own volition and in the public interest, temporarily suspend the

Contractor’s operations on the project or upon any part of it. In the event of such suspension, except in emergency, the Contractor shall be given three (3) calendar days’ notice and the work shall be resumed within five (5) calendar days after notice has been given to the Contractor to do so. The City shall allow the

Contractor an extension of time for completion corresponding to the total period of the temporary suspension and shall reimburse the Contractor for necessary rental of unused equipment, services, and other unavailable expenses occurring by reason of the suspension without fault of Contractor. The Contractor shall not be entitled to damages, overhead costs, or anticipated profits arising from such temporary suspension.

E. Weather Delays.

1. The Time for Completion will not be extended due to inclement weather conditions that are not unusual or disruptive to the general locality of the Site, or as otherwise provided in the Contract Documents.

2. Contractor’s sole relief on any claims for delay which is caused by unusual or disruptive weather shall be an extension of the Time for Completion provided Contractor gave the Project Manager timely written notice once Contractor became aware of the inception of such delay and provided the weather affected the timing of Substantial Completion in accordance with the Project Schedule and no claim for an increase in cost will be allowed. It shall be Contractor’s responsibility to provide to the Project Manager the necessary documentation evidencing that the weather conditions claimed were encountered, which may include daily reports by Contractor, copies of notification of weather days to the Project Manager, NOAA backup, and pictures from each day claimed.

3. The Time for Completion will not be extended due to inclement weather conditions which are not unusual or disruptive for the City. The Time for Completion includes an allowance for workdays (based on five

(5) day workweek) which according to historical data may not be suitable for construction work.

Contractor may request extension to the Time for Completion if it can demonstrate unusual and disruptive weather conditions per the requirements below:

i. That a weather condition listed below was encountered; and,

ii. The occurrence of the weather condition(s) resulted in an inability to prosecute Work which would have otherwise been performed on the day(s) the weather condition(s) occurred; and

iii. The Work which was not able to be completed and affected the timing of Substantial

Completion in accordance with the Project Schedule and could not be completed due to the weather condition(s) claimed.

4. A fully documented claim for a time extension under this Section shall be submitted to the Project

Manager no later than ten (10) calendar days after the end of the calendar month in which the weather delay occurs. It shall be Contractor’s responsibility to provide the reasonable documentation to satisfy the

Project Manager that the weather condition(s) claimed were encountered.

5. The Project Manager will determine Contractor’s entitlement to an extension of the Time for Completion.

Unless approved by Project Manager based on the information…