Paving and Pavement Markings IFB 25-002.pdf

IFB 25-002

Paving and Pavement Markings 1

City of Poquoson

500 City Hall Avenue

Poquoson, Virginia 23662

(757) 868-3000

INVITATION FOR BID

IFB #: 25-002

Title: Paving and Pavement Markings

Issue Date: February 6, 2025

Due Date: February 24, 2025, no later than 2:00 p.m. local time at the City Manager’s Office, 500 City

Hall Avenue, Poquoson, Virginia 23662

Submit: One (1) Original (clearly marked as such) and Three (3) Copies, Including Signed Cover Page and All Applicable Attachments

FAX OR EMAIL SUBMISSIONS ARE NOT ALLOWED

Inquiries: Questions pertaining to this project should be directed to Tara Woodruff, Finance Director, in writing via email at tara.woodruff@poquoson-va.gov no later than 12:00 p.m. on February

13, 2025.

Sealed bids, subject to the conditions and instructions contained herein, will be received at the above office of the

City Manager, 500 City Hall Avenue, Poquoson, Virginia 23662, through the due date and hour shown above (local prevailing time).

The undersigned certifies he has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of firm named below.

Company Name: ____________________________________________________________________

Address: ___________________________________________________________________________

City / State / Zip: ____________________________________________________________________

Telephone: ________________________________ Fax No.: _____________________________

Email Address: _____________________________________________________________________

Federal Tax ID (or Social Security Number): ______________________________________________

Print Name: _______________________________________ Title: _________________________

Signature: _________________________________________ Date: _________________________

Paving and Pavement Markings 2

I. PROJECT DESCRIPTION

The purpose of this Invitation for Bid (IFB) is for qualified contractors to provide all labor and material for milling, paving and applying pavement markings to various designated streets within the City of Poquoson over a two-year period with the option of three one-year renewals.

II. INSTRUCTIONS FOR BID PREPARATION

A. General Requirements

1. Provide one (1) original (clearly marked as such) and three (3) copies, including signed cover page and all applicable attachments, and shall be submitted to the City Manager’s Office as indicated.

2. Submit sealed bid with signed cover page and any attachments to the City Manager’s Office, no later than 2:00 p.m. local prevailing time on February 24, 2025. Bids received after this time will not be considered.

3. It is the responsibility of each firm to deliver its Bid to the City Manager’s Office, 500 City Hall

Avenue, Poquoson, Virginia 23662, prior to the time set for receipt, regardless of what medium is used to deliver it, whether by mail or otherwise. No Bid shall be considered if it arrives after the time set for receipt.

4. The City of Poquoson will not be liable for any costs incurred in the preparation and presentation of the bid.

III. ADDITIONAL REQUIREMENTS

Scope of Work as indicated in this IFB document, beginning on Page 14.

Once the contractor has been notified to start the project, work shall commence within thirty (30) days.

The Contractor shall protect the property and right-of-way adjacent to the work at all times and will be responsible for the repair and/or replacements of any such properties damaged or destroyed by their employees.

The Contractor will also be required to put the entire work area in acceptable condition for use at completion of the project, to remove from the site and adjoining property, all rubbish and surplus materials resulting from the work which may have accumulated during its executing, and to clean up the entire site of the work.

The Contractor shall not perform any work on Saturday, Sunday or any legal holiday of the City of

Poquoson, Virginia, except with oral/written permission of the Director of Public Works or designee. All work shall be performed between 7:00 AM and 3:30 PM unless otherwise approved by the Director of

Public Works or designee.

The Contractor shall conduct his operations so as to interfere as little as possible with those of other contractors or the public on or near the project.

The Contractor shall give his attention to the work while it is in progress and he shall place in charge a competent and reliable foreman who shall have authority to act for the Contractor.

The Director of Public Works or designee may stop by written or oral order any work or any part of the work under this contract, if the methods or conditions are such that unsatisfactory work might result.

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The Contractor will be required to submit a project schedule before starting work.

The Contractor shall warranty all work and materials from defects for a period of one year from the date of acceptance of the work by the City.

IV. INTERPRETATIONS AND ADDENDA

No oral explanation in regard to the meaning of the Bid 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

Bid Documents shall be communicated in writing to the City for interpretation. Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bid.

V. GENERAL TERMS AND CONDITIONS

A. Governing Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, including, but not limited to, the Code of

Virginia, Virginia Public Procurement Act (VPPA), and any litigation with respect thereto shall be brought in the courts of York/Poquoson, Virginia. The Contractor shall comply with all applicable federal, state and local laws and regulations, and be legally authorized to do business in the

Commonwealth of Virginia (§ 15.2-1235, Code of Virginia).

B. Anti-Discrimination: By submitting their bid, bidders certify they will conform to the provisions of the

Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting

Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with

Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (§ 2.2-4343.1E, Code of Virginia). In every contract over $10,000 the provisions in “1” and “2” below apply:

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

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor.

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

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

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2. The Contractor will include the provisions of ”1” above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

C. Ethics in Public Contracting: By submitting their bids, 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 that they have not conferred on 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.

D. Immigration Reform and Control Act of 1986: By submitting their bid, the Bidder certifies that they do not and shall not during the performance of this contract, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended (§ 2.2-

4311.1, Code of Virginia)

E. Debarment Status: By submitting their bid, Bidders certify that they are not currently debarred by the

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

F. Antitrust: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the City of Poquoson all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the City of Poquoson under said contract.

G. Mandatory Use of City Forms and Terms and Conditions: Failure to submit a bid on the official City form provided for that purpose may be a cause for rejection of the bid. Modification of or additions to any portion of the Request for Bids may be cause for rejection of the bid; however, the City Manager reserves the right to decide, on a case-by-case basis, in his/her sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the City Manager may, in his/her sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

H. Clarification of Terms/Addenda: If any prospective Bidder has questions about the specifications or other solicitation documents, the prospective Bidder should contact the contract officer whose name appears on the face of the solicitation no later than five (5) working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the contract officer and posted on the City of Poquoson website: https://www.poquoson-va.gov. It is the Bidders sole responsibility to ensure they have obtained any and all addenda prior to submittal of their offer. (§ 2.2-4316, Code of Virginia).

I. Payment: Payment terms shall be Net 30 days unless otherwise stated by the Bidder on this solicitation. Alternative terms may be offered by the bidder for prompt payment of invoices. Payment terms may be considered in determining the low bid. Discount period shall be computed from the date of proper receipt of the vendor’s correct invoice, or from the date of acceptable receipt of the goods/services, whichever is latest. The payment terms stated herein must appear on the vendor’s invoice. Failure to comply with this requirement may result in the invoice being returned to the vendor for correction. Late payment charges shall not exceed the allowable rate specified by the Virginia

Prompt Payment Act (1% per month) (§ 2.2-4352, Code of Virginia).

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J. Drug Free Workplace: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

K. Availability of Funds: It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available

“subject to appropriation” by the City Council for the purpose of this agreement, ref. § 15.2 Chapter

25 Code of Virginia.

L. Precedence of Terms: Paragraphs A-K of these General Terms and Conditions shall apply in all instances. In the event of a conflict between any of the other General Terms and Conditions and any

Special Terms and Conditions, the Special Terms and Conditions shall apply.

M. Use of Brand Names: Unless qualified by the provision “NO SUBSTITUTE”, the name of a certain brand, make or manufacturer does not restrict Bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates in its bid that the product offered is an equal product, such bid will be considered to offer the brand name product referenced in the solicitation.

N. Identification of Bid Envelope: The signed bid should be returned in a separate envelope or package, sealed and identified with the following information:

Addressed as Indicated on Page 1

IFB: 25-002

Title

Bid Due Date and Time

Vendor Name and Complete Mailing Address (Return Address)

Prices or changes shown on the outside of an envelope is not acceptable and will not be considered.

If the bid is not addressed with the information as shown above, the Bidder takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the bid to be disqualified. Bids may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other bids should be placed in the envelope.

O. Late Bids: To be considered for selection, bids must be received by City Manager’s office by the designated date and hour. The official time used in the receipt of bids is that time on the wall clock

Paving and Pavement Markings 6 in the City Manager’s Office. Bids received in City Manager’s office after date and hour designated are automatically non-responsive and will not be considered. The City is not responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or the Inter-Departmental City Mail

System. It is the sole responsibility of the bidder to ensure that its bid reaches City Manager’s office by the designated date and hour. If the City is closed for business at the time scheduled for a sealed bid opening, the bids will be accepted and opened on the next business day of the City, at the originally scheduled hour.

P. Qualification of Bidders: The City Manager may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder to perform the services/furnish the goods and the Bidder shall furnish to the City Manager all such information and data for this purpose as may be requested. The City reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. The City reserves the right to inspect Bidder’s physical facilities prior to award to satisfy questions regarding the Bidder’s capabilities. The City

Manager further reserves the right to reject any bid if the evidence submitted by, or investigations of, such Bidder fails to satisfy the City Manager that such Bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

Q. Additional Information: The City reserves the right to ask any Bidder to submit information missing from its bid, to clarify its bid, and to submit additional information which Owner deems desirable. By submitting their bids, bidders certify they understand these prohibitions, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these prohibitions is breach of contract and can result in default action being taken by the City.

R. Withdrawal of Bid Due to Error: Bidders have the right to request withdrawal of their bids from consideration due to error by giving notice not later than two days after bids are publicly opened.

Work papers showing evidence of error(s) are requested and may be approved by the City Manager

(§ 2.2-4330, Code of Virginia).

S. Negotiation with the Lowest Bidder: Unless all bids are cancelled or rejected, the City reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the department whenever such low bid exceeds the using department's available funds. For the purpose of determining when such negotiations may take place, the term "available funds" shall mean those funds, which were budgeted by the Council for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed.

The City Manager shall initiate such negotiations to the lowest responsive, responsible bidder that its bid exceeds the available funds and that negotiations are desired for a lower contract price.

T. Delivery, Transportation and Packaging: Except when otherwise specified herein, all items shall be

F.O.B. Destination to any point within the City of Poquoson, Virginia as directed by the ordering department. By submitting their bids, all bidders certify and warrant that the price offered for F.O.B.

Destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers should be legibly marked or labeled on the outside with purchase order number, commodity description and quantity.

U. Evaluation and Award: Awards are made for bids to the lowest responsive and responsible bidder whose bid is deemed most suitable for the City. Evaluation will be based on net prices. Unit prices, extension and grand totals must be shown. However, the City Manager reserves the right to make one or more awards from this IFB and to make an award either in whole or in part, whichever is deemed in the best interest of the City of Poquoson. In case of arithmetical errors, the unit price shall govern.

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If cash discount for prompt payment is offered, it must be clearly shown in the space provided.

Discounts for prompt payment will not be considered in making awards. The City Manager reserves the right to reject any and all bids or bids in whole or in part, to waive any informality, and to delete items prior to making an award. ref. § 2.2-4319 and § 2.2-4359, Code of Virginia. Bidders agree that decisions of the City Manager are final, and shall hold harmless the City, its departments, directors, employees, consultants, others involved in solicitation and selection, and the successful provider(s).

The submission of a bid indicates acceptance of this condition.

V. Award Notices: Awards or decisions to award shall be posted on the public posting board at City Hall, ref. § 2.2-4360, Code of Virginia. It may also be posted at www.poquoson-va.gov.

W. Administrative Appeals Procedure: An administrative appeals procedure shall be used for hearing protest of decision to award or an award, appeals from refusing to allow withdrawal of bids, appeals from debarments, appeals from determinations on non-responsibility, and appeals from decisions on disputes arising during the performance of a contract. The procedures in Article 9 of the City of

Poquoson Purchase Procedures Manual shall apply to any administrative appeals.

X. Assignment of Contract: The resulting contract shall not be assignable in whole or in part without the written consent of the City.

Y. Modification of Contract: The City Manager may, upon mutual agreement with the Contractor, issue written modifications to the scope of work/specifications of this contract, and within the general scope thereof, except that no modifications can be made which will result in an increase of the original contract price by a cumulative amount of more than $10,000 or 25% whichever is greater, without the advance written approval of City Council. In making any modifications, the resulting increase or decrease in cost for the modification may be determined by one of the following methods as selected by the City Manager:

1. A written modification stipulating a mutually-agreed price for the specific addition to/deletion from the scope of work/specifications which shall be added to or deducted from the contract amount;

2. A written modification stipulating the number of unit quantities added to/deleted from the contract and multiplied by the unit price which shall be added to or deducted from the contract amount;

3. A written modification directing the Contractor to proceed with the work and to keep, and present in such form as the City Manager may direct, a correct amount of the cost of the change together with all vouchers there for. The cost shall include an allowance for overhead and profit to be mutually agreed upon by the City Manager and the Contractor.

Z. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City Manager, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs.

This remedy shall be in addition to any other remedies which the City may have.

AA. Taxes, Fees and Surcharges: Sales to the City of Poquoson, Virginia are normally exempt from

State sales tax. A state sales and use tax certification exemption (Form ST-12) will be issued upon request. Deliveries against this contract shall be free of federal excise and transportation taxes. The

City’s Excise Tax Exemption Registration Number is 54-6002975. Additionally, no additional fees or surcharges may be passed to the City. This includes, but is not limited to any type of fuel surcharge.

BB. Cancellation of Contract: The City Manager reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon sixty (60) days written notice to the Contractor.

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Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation.

CC. Contractual Disputes: In accordance with § 2.2-4363 of the Code of Virginia, claims arising out of this contract, whether for money or other relief, may be submitted to the City of Poquoson, by submitting the claim in writing, with all necessary data and information to substantiate the claim attached, to the City Manager. The City Manager shall render his/her decision within thirty (30) days.

DD. City Business License: If applicable, the Contractor shall pay for and obtain a City Business License before commencing work. All subcontractors doing over $25,000 in work shall likewise obtain a business license before commencing work. All Contractors must be licensed to do business within the Commonwealth of Virginia, as required by the Code of Virginia § 254.1-1100 through 1117, 58.1-

3714 through 15, 58.1-3703.1 and Code of Poquoson Chapter 5, Article V § 5.6, 5.7 through 5.73, Chapter 10, Article I § 10-8.

EE. State Corporation Commission Identification Number: The Contractor shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by law. The

Contractor shall include its identification number issued by the Virginia State Corporation

Commission or a statement describing why the contractor is not required to be so authorized.

FF. Indemnification: Bidder and all subcontractors shall bear all loss, expense (including reasonable attorney’s fees) and damage from any cause whatsoever arising out of, incidental to, or in connection with, the performance of the Contract and shall indemnify the City, its agents, officers and employees against and save the City, its agents, officers, and employees harmless from all claims, demands, and judgments made or recovered against the City of Poquoson because of damage to property, from any cause whatsoever, arising out of, incidental to, or in connection with the performance of the contract whether or not due to any act of its or their employees, servants and agents and whether or not due to any act of omission or commission, including negligence but excluding sole negligence, of the City, its agents, officers and employees. Compliance by the Bidder with the insurance provisions hereof shall not relieve Bidder from liability under this provision.

Bidder and all subcontractors guarantee to save the City, its officers and employees harmless from liability of any nature or kind for use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, or which the Bidder is not the patentee, assignee or licensee.

Should Bidder, its employees, servants or agents (including subcontractors) use any of the City’s equipment, tools, employees, or facilities, such will be gratuitous and Bidder shall release the City, its agents, officers, and employees from and indemnify and save harmless the City, its agents, officers and employees from and against any claims for personal injuries, including death, arising out of the use of any such equipment, tools, employees, or facilities, whether or not based upon the condition thereof or any alleged negligence of the City in permitting the use thereof.

GG. Cooperative Agreement: This solicitation is being conducted under the provisions of § 2.2-4304 of the Virginia Public Procurement Act, "Cooperative Procurement", as stated, a public body may purchase from another public body's contract even if it did not participate in the request for bid or invitation for bids, if the request for bid or invitation for bids specified that the procurement was being conducted on behalf of the other public bodies. If authorized by the Bidder(s), the resultant contract(s) may be extended to any jurisdiction within the Commonwealth of Virginia to purchase at contract prices in accordance with contract terms. Any jurisdiction using such contract(s) shall place its own order(s) directly with the successful Contractor(s). The City Manager’s office of the City of

Poquoson, VA acts as the Contracting Agent and is not responsible for placement of orders, payment or discrepancies of the participating jurisdictions. It is the Contractor's responsibility to notify the

Paving and Pavement Markings 9 jurisdictions of the availability of contract(s). Bidders desiring to offer to other jurisdictions under this clause should so indicate in their response.

VI. SPECIAL TERMS AND CONDITIONS

A. Small Business Subcontracting and Evidence of Compliance: Where it is practicable for any portion of the awarded contract to be subcontracted to other suppliers, the Contractor is encouraged to offer such business to small businesses. This shall include DMBE-certified women-owned and minority-owned businesses when they have received DMBE small business certification. If small business sub-contractors are used, the prime Contractor agrees to report the use of small business Contractors by providing the purchasing office at a minimum the following information: name of small business, phone number, total dollar amount subcontracted, category type (small, women-owned, or minority-owned), and type of product/service provided.

B. Inspection of Job Site: My signature on this solicitation constitutes certification that I have inspected the job site and am aware of the conditions under which work must be accomplished. Claims, as a result of failure to inspect the job site, will not be considered by the City. The Contractor must have an English-speaking supervisor on site whenever any crews are working.

C. Maintenance Manuals: The Contractor shall provide with each piece of equipment an operations and maintenance manual, and a copy of all warranties.

D. Product Assembly: All items must be assembled and set in place, ready for use; all crating and other debris must be removed from the premises.

E. Warranty (Commercial): The Contractor agrees that the goods or services furnished under any award resulting from this solicitation shall be covered by the most favorable commercial warranties the

Contractor gives any customer for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City by any other clause of this solicitation. A copy of this warranty should be furnished with the bid.

F. Contractor Registration: If a contract for construction, removal, repair or improvement of a building or other real property is for one hundred and twenty thousand dollars ($120,000) or more, or if the total value of all such contracts undertaken by bidder within any 12-month period is seven hundred and fifty thousand dollars ($750,000) or more, the bidder is required under Title 54.1-1100, Code of

Virginia (1950), as amended, to be licensed by the State Board of Contracts a “CLASS A

CONTACTOR.” If such contract is for seventy-five hundred dollars ($7,500) or more but less than one hundred and twenty thousand dollars ($120,000), or if the total value of all such contracts undertaken by bidder within any 12–month period is between one hundred and fifty thousand dollars

($150,000) and seven hundred and fifty thousand dollars ($750,000) or more, the bidder is required to be licensed as a “CLASS B CONTRACTOR.” If such a contract is for one-thousand dollars

($1,000) or more but less than seventy-five hundred dollars ($7,500), or if the Contractor does less than $150,000 in business in a 12-monthperiod, the bidder is required to be licensed as a “CLASS C

CONTRACTOR.” The board shall require a master tradesman licensure for electrical, plumbing and heating, ventilation and air conditioning Contractors. The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over his signature whichever of the following notations is appropriate, inserting his Contractor license number:

Licensed Class A Virginia Contractor No. ______________ Specialty _________________

Licensed Class B Virginia Contractor No. ______________ Specialty _________________

Licensed Class C Virginia Contractor No. ______________ Specialty _________________

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If the bidder shall fail to provide this information on his bid or on the envelope containing the bid and shall fail to promptly provide said Contractor license number to the City in writing when requested to do so before or after the opening of bids, he shall be deemed to be in violation of § 54.1-1115 of the

Code of Virginia (1950), as amended, and his bid will not be considered. In addition, the bidder shall provide the City Manager copies of required licensing or certificates to include the appropriate Business

License with his/her bid. If a bidder shall fail to obtain the required license(s) prior to submission of the bid, the bid shall not be considered.

G. Criminal Background Check:

1. In order to determine whether, in the interest of public welfare and safety, an employee of a

Contractor contracting with any City agency may be disqualified from such employment or service by reason of a criminal record, the City Manager or designee, who must be a City employee, may require the Contractor’s employee or volunteer to provide personal descriptive information and to submit to a criminal background check. The Contractor contracting with any

City agency shall pay the cost of the criminal records check.

2. The City Manager or designee, who must be a City employee, shall require that a criminal background check be conducted on an employee of a Contractor contracting with any a City agency where the anticipated duties or responsibilities of the employee or volunteer will involve

(i) unsupervised access to public records or to personal information as defined in § 2.2-3801 of the Code of Virginia; (ii) accountability for public funds in excess of $2,500.00; (iii) unsupervised access to City supplies; (iv) entry into secured areas outside of working hours without a City employee; (v) right of entry onto private property without a City employee; or (vi) proximity to children, the elderly or disabled on a one-on-one basis with minimal supervision.

3. The City Manager or designee may require a Contractor’s employee whose duties do not fall within the duties enumerated in section (b) to submit to a criminal background check in the interest of protecting the public safety where there is reasonable cause to believe the Contractor’s employee is not suitable for such employment or service or for other unique employment.

4. The criminal history record information regarding such Contractor’s employee may be obtained through the Central Criminal Records Exchange or other appropriate qualified private source and may include the following: Employment records/Employee references; criminal background records/information; criminal background check/fingerprint; driver’s license check; automobile insurance check; Social Services central registry check; training/experience check; personal references and addresses.

5. The criminal history record information provided in accordance with this section shall be used solely to assess eligibility for employment as a Contractor’s employee, and shall not be disseminated to any person not involved in the assessment process. If a Contractor’s employee is denied employment or service because of information appearing in his or her criminal record history, the City Manager or designee shall notify the Contractor that information from the

Virginia Central Criminal Records Exchange or other appropriate qualified private source contributed to such denial.

H. Work Site Damages: Any damage to existing utilities, equipment or finished surfaces resulting from the performance of this contract shall be repaired to the City’s satisfaction at the Contractor’s expense.

I. Performance and Payment Bonds: If requested, the successful bidder shall provide the City with an executed Commonwealth of Virginia Standard Performance and Labor and Material Payment Bonds, each in the sum of the contract amount, with the City of Poquoson as obligee. The surety shall be a company or companies approved by the State Corporation Commission to transact business in the

Commonwealth of Virginia. No payment shall be due and payment to the Contractor, even if the

Paving and Pavement Markings 11 contract has been performed in whole or in part, until the bonds have been delivered to and approved by the City Manager’s Office. Standard bond forms will be provided by the City in the solicitation document or at the time of award.

J. Alternate Forms of Security: If approved by the City Attorney, an bidder may furnish a personal bond, property bond, or bank or savings institution’s letter of credit on certain designated funds in the face amount required for the bid, payment or performance bond. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the City equivalent to a corporate surety’s bond.

K. Labeling of Hazardous Substances: If the items or products requested by this solicitation are

“Hazardous Substances” as defined by § 1261 of Title 15 of the United States Code (U.S.C.) or

“Pesticides” as defined in § 136 of Title 7 of the United States Code, then the bidder, by submitting his bid, certifies and warrants that the items or products to be delivered under this contract shall be properly labeled as required by the foregoing sections and that by delivering the items or products the bidder does not violate any of the prohibitions of Title 15 U.S.C. § 1263 or Title 7 U.S.C. § 136.

L. Bid Acceptance Period: Any bid in response to this solicitation shall be valid for ninety (90) days. At the end of ninety days, the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time, it remains in effect until an award is made or the solicitation is cancelled.

M. Independent Contractor: The Contractor shall not be an employee of the City of Poquoson, but shall be legally considered as an Independent Contractor. Nothing in this agreement shall be construed as authority for the Contractor to make commitments, which shall bind Owner or to otherwise act on behalf of Owner, except as Owner may expressly authorize in writing.

N. Supremacy Clause: Notwithstanding any provision in the Bidder’s response to the contrary, the Bidder agrees that the terms and conditions contained in the Owner Bid shall prevail over contrary terms and/or conditions contained in the Bidder’s response.

O. Final Decision: The Bidder agrees that the decisions of the City Council and/or its designee are final and shall hold the City Council, their directors, employees, consultants and those involved in this solicitation and selection, and the successful vendor(s) harmless. The submission of a bid indicates adherence to these conditions.

P. Silence of Specifications: 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 and professional standards 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.

Q. Insurance: The successful Bidder shall provide and keep in full force and affect during the performance of the work the kinds and amounts of insurance specified below and shall comply with all other provisions of this section. Such insurance shall be provided and kept in full force by insurance companies authorized to do business in the Commonwealth of Virginia, and regulated by the Virginia Bureau of Insurance. All premiums and other costs of such insurance shall be paid by the successful Bidder. It will be assumed that the consideration paid or to be paid the to the successful

Bidder for the performance of the work includes the premiums and other such cost of such insurance, and the Owner shall not be responsible therefore. Each insurance policy and certificate of insurance shall be signed by duly authorized representatives of such insurance companies in the State and shall be countersigned by duly authorized agents of such companies. The successful Bidder shall not be required to furnish the City with copies of insurance contracts required by this section unless requested

Paving and Pavement Markings 12 from time to time by the City; but the successful Bidder shall provide on forms furnished by the

Insurance Company or City a Certificate of Insurance issued by such Insurance Companies, in which the company shall irrevocably warrant that the insurance is proved to enable the Contractor to comply with and provide the required insurance; (provided, however, that in no event shall the insurance contract be expanded to afford coverage which is greater than the maximum coverage approved for writing in the Commonwealth of Virginia) and that it will not be canceled unless at thirty days prior written notice to the effect is given to the City, anything in such insurance contract to the contrary notwithstanding, and that the insurance contract has been endorsed accordingly.

The Contractor shall provide the certificate of insurance and endorsement to the City within ten (10) days following the Notice of Award.

1. The Contractor shall purchase and maintain during the life of this Agreement such Comprehensive

General Liability Insurance including product and completed operations liability insurance as will provide protection from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether such performance is by Contractor, or by Subcontractor, by anyone directly or indirectly employed by and of them, or by anyone for whose acts any of them may be liable and shall otherwise bear responsibility therefore. The Contractor further agrees that all limits will be made available which are excess of the amounts below:

a. Workers’ Compensation and Employer’s Liability:

(i) Coverage A, Statutory

(ii) Coverage B, $100,000/$100,000/$500,000

b. Commercial General Liability Including Contractual and Completed Operations: This shall include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The City of Poquoson must be named as an additional insured and so endorsed on the policy.

(i) Limit of Liability, $1,000,000 Per Occurrence

c. Comprehensive Automobile Liability Including Hired and Non-Owned Car Liability

Coverage: Contractor shall purchase and maintain during the life of this Agreement such commercial automobile liability insurance including employer’s non-ownership liability and hired car liability insurance to protect him and any Subcontractors performing work covered by this Agreement from claims for damages, whether such operations be by him or any

Subcontractor, or by anyone directly or indirectly employed by either of them:

(i) Limit of Liability, $1,000,000 Per Occurrence

d. Excess Liability Including Employers Liability, Commercial Auto Liability and Commercial

General Liability:

(i) Limit of Liability, $1,000,000 Per Occurrence; $3,000,000 Aggregate

e. Construction: All Builders Risk Property Insurance on the completed value of all such work, with exclusions for design or defects removed by policy endorsement, if required by subsequent contract or City Manager. Garage-keeper’s Liability, Product Liability and some complete operation coverage is required in “b” under Commercial General Liability when maintenance/service contracts are for vehicles.

2. The successful Bidder shall be responsible for securing the work site and shall assume all risk for vandalism or other damage that may occur, to project components, during construction.

Paving and Pavement Markings 13

3. The City of Poquoson shall be named as an additional insured on the Commercial General

Liability. The successful Bidder shall obtain a waiver of subrogation from its insurers on

Workers’ Compensation and All Risk Insurance policies. This requirement may be satisfied by obtaining appropriate endorsements to any master or blanket policy of insurance maintained. The

City’s commercial General Liability shall not contribute in any loss payment insured under the successful Bidders Commercial General Liability policy.

4. Contingent liability and property damage insurance to protect the City (or its employees and agents, including the Engineer) shall be provided by endorsements to general liability or property damage policies. All aforesaid policies shall be endorsed to provide that the insurance company shall notify the City Manager if policies are to be terminated or altered during the life of the contract.

5. The General Liability insurance shall carry a contractual liability endorsement covering the hold harmless agreements contained in the City standard contract and the certificates filed with the

City Manager shall show that the contractual liability coverage has been obtained.

6. Insurance coverage for personal injury and property damage, including insurance on vehicles and equipment, shall be in the same company.

7. The successful Bidder shall also be required to submit to the City evidence of insurance coverage or self-insurance for all claims arising under the Worker’s Compensation Laws of the State of

Virginia.

8. The successful Bidder will indemnify and hold harmless the City, and the City’s directors, agents, employees, and other representatives, against any liability, loss or expense (including the loss of use of the Project), due to any act or omission of successful Bidder or any of their Subcontractors or of any of their respective employees in connection with the work of the successful Bidder hereunder or due to any omissions or supervisory acts of the City in connection with the work performed by the successful Bidder.

R. Grants: If any resulting contract is issued under a State/Federal Government Grant or contract/subcontract, it shall be subject to the clauses and conditions of that grant or contract/subcontract and all applicable federal regulations.

S. Ownership of Materials: Ownership of all data, material and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and is subject to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by the bidder/bidder shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder must invoke the protection of this section prior to the submission of the data or other materials to be protected and state the reasons why protection is necessary (§ 2.2-4342, Code of Virginia).

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SCOPE OF WORK

The City is seeking a contractor for paving various designated streets within the City of Poquoson over a two-year period with the option of three additional one-year renewals.

ASPHALT MILLING

The milled roadway areas that are to be opened to traffic, excluding curb and gutter sections, shall have drainage outlets cut through the shoulder at locations designated by the City of Poquoson. The Contractor shall plan and execute the milling operation to avoid the trapping of water on the roadway. Drainage outlets shall be restored to original grade, unless otherwise directed by the City of Poquoson. The Contractor shall plan and execute a schedule of operations so that milled roadways will be overlaid with asphalt concrete as soon as possible. In no instance, shall the time lapse exceed five (5) days after the milling operations, unless otherwise specified. The milled areas of the roadway shall be kept free of irregularities and obstructions that may create a hazard or annoyance to traffic in accordance with the requirements the most current version of the VDOT Road and Bridge Specifications. A short ski or shoe shall be used to match the grade of the newly overlaid adjacent travel lane on primary, intersections, and secondary roadways. Care shall be exercised when working along curb and gutter sections to ensure a uniform grade and joint. The Contractor shall construct the final riding surface to tie into the existing surface by an approved method, which shall include the cutting of a notch into the pavement. In addition to notching, the Contractor may use an asphalt design containing a fine-graded mix to achieve a smooth transition from the new asphalt concrete overlay to the existing pavement, with the approval of the City of Poquoson. The material shall be of a type to ensure that raveling will not occur. Asphalt milling and pavement overlay shall extend fifty feet (50’) maximum, or unless otherwise directed by the City of Poquoson into the radius returns on all primary, intersections and secondary roadways. (See FIGURE III attachment).

ASPHALT REMOVAL

Asphalt milling/removal shall be to a 2-inch depth or as specified by the City of Poquoson. If less or more milling depth is required, the 2-inch depth bid price will serve as the common denominator. Rotomilling that shall leave the roadway with a sound surface and texture.