Waters MS ADA Restroom Renovations - Section 102.pdf

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SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

I. INVITATION FOR BIDS

1. Long Form

PROJECT: Waters Middle School ADA Restroom Renovations, IFB # 44-26-SKL

LOCATION: 600 Roosevelt Boulevard, Portsmouth, Virginia, 23701

DATE: February 13, 2026

The City of Portsmouth, Virginia will receive electronic bids via eVA ( https://eva.virginia.gov/), until

2:30 p.m. local time on Tuesday, March 17, 2026. Any Bids received after the specified time and date will not be considered. Bids will be read aloud on Wednesday, March 18, 2026 at 2:30 p.m. local time. A virtual meeting invite will be sent to bidders that submitted a bid. Please send an email to edwardse@portsmouthva.gov, with a copy to lamberts@portsmouthva.gov, and the Virtual bid opening invite will be sent to you.

The Work under this Project consists of bathroom renovations to include stalls, casework, fixtures, plumbing, electrical and all other associated work as needed at Waters Middle School.

Bid Documents are available on the Commonwealth of Virginia e procurement site @Virginia Business

Opportunity (VBO) at https://eva.virginia.gov

The Hampton Roads Planning District Commission's Regional Construction Standards, Sixth Edition, December 2010, are hereby referenced and are part of the Bid Documents, except as may be modified by the Special Provisions of this Project or as may be shown by bold type for additions and strike-throughs for deletions. Copies of the Regional Construction Standards may be purchased at the offices of the HRPDC, 723 Woodlake Drive, Chesapeake, VA 23320 (Telephone 757-420-8300) or

Executive Tower, Suite 1-C, 2101 Executive Drive, Hampton, VA 23666 (Telephone 757-262-0094).

The latest edition of the Regional Construction Standards and Publication Updates may be downloaded at the HRPDC website http://www.hrpdcva.gov/Regional_Construction_Stnds/REGCONST_Home.asp.

Bidders must be aware that these Bid Documents incorporate several changes, which supplement, modify, or replace language and/or Standard Details found in the HRPDC Regional Construction Standards. Details shown on the Drawings replace corresponding Standard Details found in the Regional Construction

Standards. Changes from the Regional Construction Standards that appear in these Bid Documents are shown as bold for additions, and strikethroughs for deletions. Also, see Section 110 for additional references to Special Technical Provisions incorporated into this Project.

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

A NON-MANDATORY PRE-BID CONFERENCE will be held on February 26, 2026 at 10:00 a.m. local time at 600

Roosevelt Boulevard, Portsmouth, Virginia 23701.

Deadlines for questions regarding this solicitation must be submitted no later than 5:00 pm Tuesday, March

2, 2026. Questions shall be submitted to Susan Kenney-Lambert, at lamberts@portsmouthva.gov In the subject of the email, please add the project name and the IFB Number.

https://mvendor.cgieva.com/Vendor/public/AllOpportunities.jsp mailto:edwardse@portsmouthva.gov mailto:lamberts@portsmouthva.gov https://eva.virginia.gov/ http://www.hrpdcva.gov/Regional_Construction_Stnds/REGCONST_Home.asp mailto:lamberts@portsmouthva.gov

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

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

Virginia and the Contract Documents.

The Owner reserves the right to waive minor non-substantive informalities in the Bid, to reject any/or all

Bids, to award any Bid in whole or in part and award the Bid considered to be in the best interest of the

Owner. The Owner also reserves the right to negotiate with the lowest responsive, responsible Bidder should

Bid exceed available funds.

The City of Portsmouth seeks to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women and minorities and to encourage their participation in the City’s procurement activities. Toward that end, the City encourages these firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, and other contractual opportunities. Bidders

(offerors) are asked, as part of their submission, to describe any planned use of such businesses in fulfilling this contract.

“Bidders must comply with the following: The President’s Executive Order #11246 prohibiting discrimination in employment regarding race, color, creed, sex, or national origin; the President’ Executive Order #12138 and

11625 regarding utilization of MBE/WBE firms; the Civil Rights Act of 1964. Bidders must certify that they do not or will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed, or national origin.” By execution of the Bid Form and Contract Documents the contractor certifies to the aforementioned requirements.

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

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

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

REQUIREMENTS AND CONDITIONS.

By: Steven Carter James Wright, Jr., P.E.

City Manager City Engineer

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II. INSTRUCTIONS TO BIDDERS

1. Bid Documents

1.1 Complete sets of Bid Documents shall be used in preparing Bids. Neither the Owner nor the

Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

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

1.3 The Special Provisions for this Project as set forth in Section 110 were prepared by the

City of Portsmouth. and are dated 10/09/2020. Additional Special Provisions for this Project appear as modifications to the HRPDC Regional Construction Standards by strike-throughs for deletions and bold type for additions in Sections 100 through 109.

1.4 The Drawings for this Project, prepared by Woolpert. and dated 09/02/2025, are defined as follows:

Construction plans to provide ADA restroom renovations to include stalls, casework, fixtures, plumbing, electrical and all other associated work as needed..

2. Examination of Contract Documents and Project Site

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

A. To examine thoroughly the Bid Documents;

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

C. To study and carefully correlate the Bidder's knowledge and observations with the Bid

Documents and such other related data; and, D. To promptly notify the Owner of all conflicts, errors, ambiguities or discrepancies which the

Bidder has discovered in or between the Bid Documents and such other related documents or field/site conditions.

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

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3. Interpretations and Addenda

3.1 No oral explanation in regard to the meaning of the Contract Documents will be made, and no oral instructions will be given before the award of the Work. Discrepancies, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing to the Owner for interpretation. Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bids. Any interpretation made will be in the form of an addendum to the

Contract Documents, which will be forwarded to all known Bidders, and its receipt shall be acknowledged on the Bid form. All questions shall be received no later than 7 days prior to the date for opening of Bids.

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

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

Geotechnical exploration and analysis information included, in whole or in part, in these Bid

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

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

4. Bid Security

4.1 Each bid shall be accompanied by a Bidder's bond issued by a company authorized and licensed to transact business as surety in the Commonwealth of Virginia, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to The

City of Portsmouth, Virginia. Upon approval of the Owner's attorney, in accordance with Section

2.2-4338, Code of Virginia, 1950, as amended, and with Section 12-247 of the Code of the City of

Portsmouth, Virginia, as amended, a Bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds for the amount required for the Bid Security. The Bid Security shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the Bidder that if the bid is accepted, the Bidder shall execute the contract. If a certified check is offered as guarantee, it shall be made payable to The City of Portsmouth.

4.2 The Bid Security shall be returned to all except the three (3) lowest Bidders within ten (10) days after the date of Bid opening. The Bid Security will be returned to the three (3) lowest Bidders within five (5) days after the execution of an Agreement and Performance and Payment Bonds and

Certificates of Insurance have been approved by the Owner. None of the three (3) lowest Bids shall be deemed rejected, notwithstanding acceptance of one of the Bids, until the Agreement has been executed by both the Owner and the Successful Bidder.

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5. Liquidated Damages

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

6. Preparation of Bid

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

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

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

Limited Liability Company, the Bid shall be signed by its manager; or if such organization is a

Limited Partnership, the Bid shall be signed by a general partner.

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

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

6.6 The address, telephone number, e-mail address and fax number for communications regarding the

Bid shall be provided.

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

7. Quantities and Unit Prices

7.1 The Owner reserves the right to increase or decrease the amount of any class or portion of the Work.

No such change in the Work shall be considered as a waiver of any condition of the Agreement nor shall such change invalidate any of the provisions thereof. Payment will be made at the unit or lump sum prices under the Agreement only for the Work actually performed or materials furnished and accepted.

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

8. General Equipment or Material Specification.

When the Bid Documents specify one or more manufacturer's brand names or makes of materials, devices or equipment as indicating a quality, style, appearance or performance, with the statement "or equal," the Bidder shall base the Bid on either one of the specified brands or an alternate brand which

102 - 6 the Bidder intends to substitute. Use of an alternate shall not be permitted unless it has been found to be equal or better by the Owner and at no additional cost to the Owner. The Owner will not prequalify any substitute materials or equipment submitted by the Bidders. Only substitute items submitted by the successful Bidder after the date of the Contract Award will be considered by the

Owner or his representative.

8.1 The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder. The Bidder shall furnish at its own expense, such information relating thereto as may be required by the Owner. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and the Owner's decisions shall be final. Any other brand, make or material, device or equipment which, in the opinion of the Owner is recognized to be the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be accepted.

In the event of any adverse decision by the Owner, no claim of any sort shall be made or allowed against the Engineer or Owner. Samples, if requested by the Bidder, may be returned at the Bidder's expense.

8.2 If in the sole discretion of the Owner an item proposed by the Contractor does not qualify as an "or-equal" item it may be considered as a proposed substitute item. The Contractor shall furnish the

Owner any such information as the Owner may request to evaluate the substitute item to include estimates of costs or credits, redesign, claims or schedule impacts, warranty or maintenance issues or payment of any license or royalty that could directly or indirectly result from acceptance of the substitute. Any cost or time impacts to the project schedule caused by the Contractor's submission of a substitute shall be borne by the Contractor. Any costs incurred by the Owner or by the Owner's

Engineer in reviewing the suitability of the substitute item shall be borne by the Contractor. The

Owner may refuse to accept a substitute unless an acceptable adjustment in the Contract Price is offered by the contractor.

9. Proprietary Material and Equipment Specification.

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

Contractor has the option to use either.

10. Additive/Alternate Bids

10.1 Additive Bids

Additive bid items are those in addition to the base Bid items. Bidders shall submit additive Bids on all items as shown on the Bid form. Award shall be based on the lowest responsive and responsible

Bid for base Bid plus all additive bid items listed and in accordance with any criteria in the Special

Provisions.

10.2 Alternate Bids

Alternate bid items are those where more than one type of improvement may be considered for a portion or all of the Work due to the character of the improvement and uncertainties which may be

102 - 7 encountered during construction. If alternate Bids are requested for a portion of or all of the Work, Bidders shall submit alternate Bids for all alternate(s) the Bidder or its Subcontractor is qualified to perform. Award shall be based on the lowest responsive and responsible Bid for the base Bid plus the amount added or deleted for the alternate bid items selected by the Owner and in accordance with any criteria in the Special Provisions. The alternates selected shall be at the sole discretion and in the best interests of the Owner.

11. Submission of Bids

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

Only the amounts indicated on the Bid form will be considered in determining the final Bid amount.

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

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

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

NOT REQUIRED UNDER VIRGINIA STATE CODE."

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

11.6 The Bidder shall complete and submit the Certificate of Compliance with Immigration Laws and

Regulations form. A copy of the form is included in Section 102, VII in this section.

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

12. Receipt and Opening of Bids

12.1 Bids will be opened publicly at the time and place and under the conditions stated in the Invitation for Bids. The Owner's Representative whose duty it is to open Bids will decide when the specified time has arrived. The official time and date used in the receipt of the Bids is that time and date stamped by the Owner when the Bid is submitted. Date/time stamps marked after the designated time and date of receipt will not be considered. No responsibility will be attached to any such person for the premature opening of a Bid not properly addressed and identified. It is the responsibility of the Bidder to assure that the Bid is delivered to the designated place of receipt prior to the time set for the receipt of Bids.

12.2 Bids will be opened and read aloud publicly.

13. Bids to Remain Subject to Acceptance

13.1 All Bids shall remain subject to acceptance for 90 Days after the day of the Bid opening, but the

Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date, or

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14. Withdrawal of Bids

14.1 Withdrawal of Bids filed with the Owner may be made only by a representative of the firm submitting the Bid, who shall appear in person prior to the deadline designated in the advertisement for receipt of Bids. Such representative shall furnish satisfactory identification and proof that they are authorized to withdraw the Bid. Telephone, e-mail, or facsimile notices will not be considered.

Additions and/or deletions marked on the outside of the Bid envelope will not be considered.

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

(2) business days after the Bid opening, then the Bid may be withdrawn. The Bidder shall, within the following two (2) business days provide the subjective data required in this section to satisfy the

Owner's representative that the grounds for such withdrawal do exist.

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

14.4 No Bid may be withdrawn under this section when the result would be the awarding of the

Agreement on another Bid to the same Bidder or to another Bidder in which the ownership of the withdrawing Bidder is more than five percent.

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

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

Bid was submitted.

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

Virginia, 1950, as amended.

15. Evaluation of Bids

15.1 In evaluating Bids, the Owner shall consider the qualifications of the Bidders, whether or not the

Bids comply with the prescribed requirements, unit and lump sum prices, and additive/alternate bid items if requested in the Bid form.

15.2 The Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work for which the identity of Subcontractors and other persons

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

15.4 Bids will be based upon the estimated quantities shown in the Bid form. Bids will be compared on the basis of a total computed price; arrived at by taking the sum of the estimated quantities of each

Bid Item, multiplied by the corresponding unit price bid, and any lump sum Bids on the individual items. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words. The right to reject any or all Bids or to accept any Bid considered of advantage to the Owner is reserved.

15.5 Unless all Bids are canceled or rejected, the Owner reserves the right granted by Section 2.2-4318 of the Code of Virginia as amended, to negotiate with the lowest responsible, responsive Bidder to obtain a Contract Price within the funds budgeted for the construction project. Negotiations with the lowest Bidder may include both modification of the Contract Price and the Scope of

Work/Specifications to be performed. The Owner shall initiate such negotiations by Written Notice to the lowest responsible, responsive Bidder that its Bid exceeds the available funds and that the

Owner wishes to negotiate a lower Contract Price. The Owner and the lowest responsive, responsible Bidder shall agree to the times, places, and manner of negotiations.

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

15.7 The Owner reserves the right to waive minor informalities as defined in Virginia Code Section 2.2-

4301 in the Bid, to reject any/or all Bids, to award any Bid in whole or in part, and to award the Bid considered to be in the best interest of the Owner.

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

16. Qualifications of Bidders and Subcontractors

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

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

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16.3 The apparent low Bidder shall, submit to the Owner a list of all Subcontractors who will be performing Work on the Agreement at such time and date directed by the Owner. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of experience and qualification for each such Subcontractor, person and organization. If the

Owner, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, the Owner may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security.

For any Subcontractors, other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice of Award, it will be deemed the Owner has no objection.

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

16.5 If the Bidder is organized as a stock or nonstock corporation, a limited liability company, a business trust, or a limited partnership, or is registered as a registered limited liability partnership, the Bidder must be authorized to transact business in the Commonwealth as a domestic or foreign entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law. The

Bidder shall include the identification number issued by the State Corporation Commission on the

Bid form or describe why the Bidder is not required to be so authorized. Any Bidder failing to do so shall not be awarded the Contract unless the Owner issues a waiver of this requirement and administrative policies and procedures are established by the locality. If the Bidder allows its existence to lapse, or its certificate of authority or registration to transact business in the

Commonwealth of Virginia to expire, or be revoked or cancelled, such will be deemed as an act of default enabling the Owner to all remedies for default, including but not limited to revocation of this

Agreement.

17. Sham or Collusive Bids

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

17.2 The provisions contained in Sections 2.2-4367 through 2.2-4377, Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by Owner. By submitting their Bids, all

Bidders certify that their Bids are made without collusion or fraud, and that they have not offered or received any kickbacks or inducements from any other Bidder, Supplier, manufacturer or subcontractor in connection with their Bid, and they have not conferred with any public employee having official responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

18. Time of Essence

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

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19. Immigration Reform and Control Act of 1986

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

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

20. Notice of Required Disability Legislation Compliance

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

20.2 The Rehabilitation Act of 1973, Section 504, the Americans with Disabilities Act (ADA) of

1990, Title II and the Virginians with Disabilities Act of 1990. Specifically, the Owner may not, through its contractual and/or financial arrangements, directly or indirectly avoid compliance with Title II or the ADA, Public Law 101-336, which prohibits discrimination by public entities on the basis of disability. Subtitle A protects qualified individuals with disability from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It extends the prohibition of discrimination in federally assisted programs established by the Rehabilitation Act of 1973, Section 504 to all activities of State and local governments, including those that do not receive Federal financial assistance, and incorporates specific prohibitions of discrimination on the basis of disability in Titles I, III, and V of the ADA. The Virginians with Disabilities Act of 1990 follows the Rehabilitation Act of 1973, Section 504.

City of Portsmouth Special Instructions to Bidders

A. These instructions include excerpts of the City of Portsmouth Virginia M/WBE Program Policy and

Procedures Manual. The entire M/WBE Program Policy and Procedures Manual is incorporated by reference and is a part of these bid instructions.

B. Declaration of Policy Statement (Section I)

It is the policy of the City Council of the City of Portsmouth, hereinafter referred to as the City to:

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

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

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City by:

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

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

and

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

C. Project Goal (Section VI)

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

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

D. Counting M/WBE Participation (Section XI)

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

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

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

b. Will actually perform a Commercially Useful Function; and

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

3. A prime contractor is required to meet the goal or demonstrate Good Faith Efforts for subcontracting with M/WBEs. Only the value of the work actually performed by an M/WBE shall be counted towards the goal, in accordance with the following provisions:

a. M/WBE Prime Contractor: The percentage of work that a Prime M/WBE self performs shall count toward M/WBE goal. The Contractor will be allowed to count the entire amount of that portion of the contract that is performed by the M/WBEs own workforces. This amount should include the cost of supplies and materials obtained by the M/WBE for the work of the contract, including supplies purchased or equipment leased by the M/WBE

(except supplies and equipment the M/WBE subcontractor purchases or leases from the prime Contractor or its affiliate).

When a M/WBE subcontracts part of the work of its contract to another firm, the value of

102-13 the subcontracted work may be counted toward M/WBE commitment only if the M/WBE's subcontractor is itself a M/WBE.

If the M/WBE self-performs a portion of the work and other portions of the work are subcontracted to non-M/WBEs then only the percentage of work performed by M/WBEs will be counted.

b. Non – M/WBE Prime Contractor: Only the percentage of work performed by an M/WBE subcontractor(s) shall count toward M/WBE goal.

c. Joint Ventures: When an M/WBE performs as a participant in a joint venture, only the distinct and clearly defined percentage of the work that the M/WBE performs with its own forces shall count toward the M/WBE goal.

d. Commercially Useful Function: The expenditures to an M/WBE contractor toward M/WBE goals shall count only if the M/WBE is performing a commercially useful function on that contract. An M/WBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the M/WBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the materials, and installing (where applicable) and paying for the materials itself. To determine whether a M/WBE is performing a commercially useful function, the Contractor must evaluate the amount of the work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the M/WBE credit claimed for its performance of the work, and other relevant factors.

e. Contract experiences with certified M/WBE businesses: The expenditures to M/WBE firms in other aspects of the company's business. The City will count expenditures with M/WBEs for materials or supplies toward the prime contractor’s M/WBE commitment as provided in the following:

1) If the materials or supplies are obtained from a M/WBE manufacturer, the City will allow the prime contractor to count one hundred percent (100%) of the cost of the materials or supplies toward M/WBE commitment. For purposes of this paragraph, a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and the general character described by the specifications.

2) If the materials or supplies are purchased from an M/WBE regular dealer, the City will allow the prime contractor to count sixty percent (60%) of the cost of the materials or supplies toward M/WBE commitment.

For purposes of this section, to be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question.

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E. Good Faith Efforts (Section XII)

All contractors desiring to provide goods and services to the City of Portsmouth shall exercise good faith efforts to comply with the M/WBE goals for the contract as established under this program. Any act or omission by the City shall not relieve the contractor of this responsibility.

The City reserves the right to reject any bid or proposal deemed non-responsive for failing to meet these requirements.

1. Good Faith Efforts Compliance and Documentation

a. A vendor must document that it has made Good Faith Efforts to solicit and negotiate with M/WBEs in compliance with this section, or met the proposed

M/WBE goal. Failure to provide documentation as outlined in this section may constitute grounds for rejection of the quote, bid or proposal. “Good Faith Efforts” are referred to in this Section as “GFEs”.

b. If the vendor does not meet the proposed M/WBE goal, the vendor must submit their GFE documentation with their bid proposal.

c. Where project specific goals are established, vendors must earn a minimum of ninety (90) points from any combination of the GFEs listed for their bid to be considered responsive. GFE documentation must coincide with the good faith efforts submitted on the form attached to this document which identifies methods utilized to accumulate the minimum points required. Not providing applicable GFE documentation with the bid submission could result in the bid being considered nonresponsive. GFE credit is awarded upon satisfaction by the City that the GFE documentation is complete and meets the requirements. If a vendor meets the requirements for a sub- section below, then the full number of points will be counted. If a vendor does not meet the requirements of a sub-section below, then no points will be counted. The GFE requirements that vendors must demonstrate to show that they actively and aggressively sought to achieve the M/WBE Goal are as follows:

1) Notification of Subcontracting Opportunities (10 pts): To receive credit for this GFE, a vendor must provide to the City a list of the areas in which the vendor sought subcontractors and suppliers. The vendor may report this information on the form attached to this document.

2) M/WBE Contact (10 pts): To receive credit for this GFE a vendor must contact M/WBE businesses that reasonably could have been expected to submit a bid or proposal, for the areas the vendor intends to subcontract or purchase supplies at least ten (10) days before the solicitation due date and notified them of the nature and scope of the work to be performed. The following are the criteria that will be used to determine this credit.

3) Solicitation Method: The vendor shall make the M/WBE solicitation available by fax, e-mail, U.S. Mail, overnight courier service. Regardless of the method of contact, the solicitation must be made available no less than

102-15 ten (10) days before bid opening. The vendor must provide detailed information to the City to substantiate that this process was accomplished.

4) Solicitation Content: To receive credit for a solicitation, the substance of the solicitation must be sufficient to put the M/WBE on notice that the vendor is soliciting a bid from the M/WBE to participate in the Contract up for award in one or more of the areas for which the M/WBE is certified.

d. Solicitation Documentation Requirements: To receive GFE credit for contacting

M/WBEs, a vendor shall document in writing for each M/WBE solicited: (a) the method of contact, (b) the date of the contact, (c) the business name and contact person for each of the M/WBE firm contacted, and (d) the North American

Industry Classification System (NAICS) Code or a description identifying the goods or services the vendor solicited from the M/WBE. In addition the City may require the vendor to provide a copy of the solicitation sent to M/WBEs along with the following documentation depending on the method of contact:

1) For contacts made by fax: The vendor must provide a confirmed fax transmission record showing that: (i) a fax was transmitted to a fax number maintained by the M/WBE, or (ii) a fax was directed to a fax number maintained by the M/WBE but did not go through due to reasons outside the vendor's control. If the vendor cannot provide the forgoing, the City may refuse to consider such contact in awarding GFE points.

2) For contacts made by e-mail: The vendor must provide a copy of an e-mail confirmation notice showing that an e-mail was delivered to an e-mail address maintained by the M/WBE.

3) For contacts made by U.S. Mail: The vendor must provide: (a) a copy of the solicitation that satisfies the content requirements in item 2) (b) above; and

(b) a Certificate of Mailing from the U.S. Postal Service certifying the date on which the vendor mailed the solicitation; and (c) an affidavit stating that the vendor mailed the solicitation to the M/WBE recipient on the date indicated in the Certificate of Mailing.

4) For contacts made by overnight courier: The vendor must provide a copy of the solicitation that meets the content requirements set forth in subsection 2)

(b) above, along with a routing slip from the overnight courier showing the

M/WBE's address, the date on which the Vendor sent the solicitation to the

M/WBE recipient.

e. Making Project Documents Available (10 pts): To receive credit for this GFE, the vendor must: (a) make Project Documents available to interested M/WBEs no less than ten (10) Days before bid opening in one (1) of the three (3) ways described below; and (b) notify all M/WBEs contacted under GFE Subsection B above of the way in which Project Documents will be made available. The three (3) ways a vendor may make project documents available to M/WBEs are:

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1) Provide interested M/WBEs with a hard copy of the project documents via email, fax, regular mail or other means of document transfer; or

2) Provide necessary physical access and adequate time for M/WBEs to fully review the project documents at the vendor's place of business within the

Portsmouth Regional Area or, if the vendor has no place of business within the Portsmouth Regional Area, at an alternate location within the

Portsmouth Regional Area where the information can be reviewed at no cost to the M/WBEs; or

3) Post the Project Documents on a website that M/WBE scan access at no cost.

To receive credit for this GFE, the vendor's notice to M/WBEs must identify: (a) a telephone number or email address for requesting copies of the project documents.

f. Breaking Down Work (15 pts): To receive credit for this GFE, the vendor must: (a) notify M/WBEs as part of a vendor's M/WBE Contacts under subsection B that the vendor is willing to divide or combine elements of work into economically feasible units on a case-by-case basis to facilitate M/WBE participation; or (b) negotiate in good faith with any M/WBEs that request such divisions or combinations; or (c) provide documentation the vendor has divided or combined work on previous projects that have provided adequate opportunities for improved M/WBE participation.

g. Working with M/WBE Assistance Organizations (10 pts): To receive credit for this

GFE, the vendor must document that it has performed one of the following within the twelve (12) month period before solicitation due date for an M/WBE Assistance

Organization:

1) Provide Location for M/WBE Assistance Organization Event: providing a meeting location for the M/WBE Assistance Organization to host a regular meeting or special event at no cost or at a reduced rate.

2) Provide Training for M/WBE Assistance Organization Members: providing training or facilitating workshops aimed at increasing the capacity or skill level of the M/WBE Assistance Organization members, or participating in training or a workshop sponsored by the M/WBE Assistance Organization.

3) Contracting with new M/WBE: documenting that the M/WBE Assistance

Organization helped to identify an M/WBE with whom the vendor subsequently subcontracted work on other projects. The vendor will not be given credit for this GFE if the Vendor contracts with an M/WBE that the vendor has used on previous projects.

h. Attend or Host Pre-solicitation Meeting (10 pts): To receive credit for this GFE, the vendor must attend meetings scheduled by the City or conduct a pre-solicitation

102-17 meeting for M/WBEs no less than ten (10) Business Days before solicitation due date. If the vendor host a pre-solicitation meeting, the pre-solicitation meeting must take place within the City of Portsmouth or, if the vendor has no place…