INVITATION TO BID – CONSTRUCTION
ISSUE DATE: October 15, 2024
ITB #: 25-28TM
NGIP CODE: 909.30
DATE/TIME OF CLOSING:
November 15, 2024 at 2:00 p.m. EST
BUYER NAME:
Tammy Martin, Senior Buyer
COMMODITY: Construction
THE CITY OF HAMPTON IS SEEKING BIDS FROM QUALIFIED BIDDERS TO PROVIDE FOR THE CONSTRUCTION
OF THE FORT MONROE TRAINING FACILITY.
ACKNOWLEDGE RECEIPT OF ATTACHMENTS: A
B
ACKNOWLEDGE RECEIPT OF ADDENDUM: 1
2
C
3
D
(Please initial)
4
(Please initial)
Pre-Bid Conference – Non Mandatory Prebid to be held on at the project site at 102 Griffith Street, Hampton VA 23651 at 11:00
a.m on October 22, 2024. Attendance is not required but strongly encouraged.
BIDDER NAME:
COMPETITIVE SEALED BIDDING. This Invitation to Bid (“ITB”) is subject to the competitive sealed bidding provisions
outlined in Virginia Code §2.2-4302.1. Sealed bids will be received in Consolidated Procurement 1 Franklin Street Suite 345
Hampton, VA, 23669 until Closing Date and Closing Time as specified in this solicitation including any addenda issued by this office.
Bids received by telephone, email, facsimile, or any other means of electronic transfer will NOT be accepted. The City of
Hampton is not responsible for late delivery by the United States Postal Service or any other courier. All inquiries for information
regarding this ITB are to be directed to the Issuing Office as defined herein.
THIS IS NOT AN ORDER. The City of Hampton, hereafter referred to as “the City”, reserves the right to accept or reject any and all
bids in whole or in part and waives any informality in the competitive sealed bidding process. Further, the City reserves the right to
enter into any one or more contracts deemed to be in its best interest. The entire contents of the ITB, addenda, and Bidder’s bid shall
be incorporated by reference into any resulting contract.
QUESTION PERIOD. All questions regarding this solicitation shall be submitted in writing to tmartin@hampton.gov by no later
than 3:00 PM EST on November 1, 2024. Questions must be submitted in writing; telephonic inquiries will not be considered.
All terms and conditions (bid submission, general, and special, as applicable) in this solicitation are intended to apply to the
bid submitted by bidder and any resulting contract. The terms and conditions in this solicitation shall supersede any
conflicting terms and conditions offered by bidder. Any additional terms and conditions a bidder intends to be considered
shall be submitted with the bid as an exception. Such exceptions may result in a finding that the submittal is non-responsiveto
the bid, and bidder may be denied award based on claimed exceptions. Contractual documents submitted by a successful
bidder after an award will not be accepted.
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Table of Contents
SECTION A ............................................................................................................................................................................ 3
Subsection A.1 BID SUBMISSION TERMS AND CONDITIONS.............................................................................. 3
Subsection A.2 BIDDER INFORMATION .................................................................................................................... 7
Subsection A.3 EXPERIENCE AND QUALIFICATIONS (TO SUPPORT RESPONSIBILITY
DETERMINATION) ........................................................................................................................................................ 8
Subsection A.4 BID RESPONSE ................................................................................................................................... 11
Subsection A.5 BIDDER REPRESENTATIONS AND ACKNOWLEDGEMENTS ............................................... 14
Subsection A.6 BID BOND............................................................................................................................................. 15
Subsection A.7 MINORITY AND WOMAN OWNED BUSINESS PROGRAM ..................................................... 16
SECTION B .......................................................................................................................................................................... 24
Subsection B.1 GENERAL TERMS AND CONDITIONS ......................................................................................... 24
Subsection B.2 INSURANCE REQUIREMENTS ....................................................................................................... 42
SECTION C .......................................................................................................................................................................... 44
Subsection C.1 PERFORMANCE BOND .................................................................................................................... 44
Subsection C.2 PAYMENT BOND................................................................................................................................ 46
Subsection C.3 RETAINED FUNDS ESCROW AGREEMENT ............................................................................... 49
Subsection C.4 PROJECT TIMELINE ........................................................................................................................ 53
SECTION D – DEPARTMENT SCOPE OF WORK, SPECIFICATIONS, DRAWINGS, AND SPECIAL CONDITIONS
.............................................................................................................................................................................................. 54
SECTION E – ADDITIONAL TERMS AND CONDITIONS FOR FEDERALLY FUNDED TRANSACTIONS… ..... 52
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SECTION A
Subsection A.1 BID SUBMISSION TERMS AND CONDITIONS
I. PREPARATION
1.1 Throughout the bidding process, up until award, bidders are prohibited from contacting City staff,
representatives or agents other than the Consolidated Procurement Department on the subject of this
ITB or any subject related to this ITB except with prior knowledge and express permission from the
Procurement Director or designee.
1.2 All attached response forms must be used and submitted. Responses not submitted on said forms or
not fully completed with all information may be declared nonresponsive. Additional pages may be
attached if additional space is required to complete the forms.
1.3 All documents shall be signed in ink. Any corrections to entries made on forms shall be made in ink
and initialed by the person signing the response. Bids containing any conditions, omissions,
unexplained alterations or items not called for in the proposal, or irregularities of any kind, may be
rejected by the City as being incomplete or nonresponsive.
1.4 All bids shall be submitted sealed, plainly marked showing the bid number, date, and time. Failure to
return all required pages may result in a determination that the submittal is non-responsive.
1.5 General questions, requests for explanations, or interpretations of documents shall be made as
directed. No oral explanation in regard to the meaning of drawings and specifications will be made
and no oral instructions will be given before the award of the contract.
1.6 During preparation and prior to opening, each vendor shall not divulge, discuss or compare his
response with others, and shall not collude with any other party to a response. A signed response
shall be taken as an indication that the vendor fully understands the Commonwealth of Virginia’s
Conflict of Interest Act and the Commonwealth of Virginia’s Ethics in Public Procurement Act and
that his actions in no way violate any of the provisions therein.
1.7 Unless this solicitation contains a clear statement that only one certain brand, make or manufacturer
is acceptable and a clear reason is stated why such is so, the name of a certain brand, make or
manufacturer does not restrict vendors to that named. Such only conveys the general style, type,
character, and quality of that desired. During evaluation of responses, it shall be the sole discretion
of the City to determine what is equal, considering quality, workmanship, economy of operation, and
suitability for the purpose intended.
1.8 The apparent silence of these specifications and any supplemental specifications as to any detail or
the omission from the specifications of a detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and correct type, size, and design
are to be used. All interpretations of these specifications shall be made on the basis of this
statement.
1.9 It is the responsibility of each bidder in preparing its bid:
a) To examine thoroughly the bid documents;
b) To visit the site to become familiar with and satisfy the bidder as to the general, local, and site
conditions that may affect cost, progress, performance, or furnishing of the work;
c) To study and carefully correlate the bidder’s knowledge and observations with the bid
documents and other such related data; and
d) To promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which the
bidder has discovered in or between the bid documents and such other related documents or
field/site conditions.
1.10 Prices shall be all inclusive for the scope of the solicitation. Where applicable, the following
shall apply: All shipments shall be F.O.B. destination, freight included. Delivery shall be inside as
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directed at the address indicated. Required delivery times and terms of payment shall be clearly
stated.
1.11 Prices shall be stated in units of quantity specified. No additional charges shall be passed to the
City, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to
the City.
1.12 It is the Bidder’s responsibility to ensure that the Bidder receives all addenda to accompany the
bid. Addenda are posted on the City’s website where bid documents can also be found.
1.13 It is the policy of the City of Hampton to encourage the development and sustain utilization of
minority and woman-owned businesses (MBE/WBE). The City of Hampton encourages these firms
to compete and encourages non-minority firms to provide for the participation of these businesses
through subcontracting opportunities. Bidder is requested to complete the MBE/WBE Forms in this
document.
II. SUBMISSION
2.1 Bid Submissions MUST include:
a) Subsection A.2: Bidder Information
b) Subsection A.3: Experience and Qualifications
c) Subsection A.4: Bid, including pricing sheet and any necessary attachments identified
in the Scope of Work and Specifications, including all applicable licenses and permits
d) Subsection A.5: Bidder Representations and Acknowledgements
e) Subsection A.6 Bid Bond (for projects greater than $100,000).
f) Subsection A.7 MBE/WBE Forms
2.2 If the City is closed for business at the time scheduled for bid opening, for whatever reason, sealed
bids will be accepted and opened on the next business day of the City, at the originally scheduled
hour.
2.3 All bids must be signed by an authorized, responsible officer or employee having the authority to
enter into contracts. The bidder agrees that its contract performance shall be in strict conformity
with the contract documents.
2.4 Bidders may only request withdrawal of their bids from consideration if the bid is substantially
lower than other bids due solely to an unintentional arithmetic error, unintentional omission of
quantity of work, labor, or material made directly in the compilation of a bid that can be shown by
objective evidence. A request to withdraw must be made in writing within two (2) days of the bid
opening.
2.5 The City’s acceptance of responses does not place any liability or obligation on the City to the
Contractor. Financial obligations on behalf of the City shall occur only through the award of a
contract and/or purchase order in accordance with applicable law.
2.6 The bidder certifies that by signing the bid that the bid is made without prior understanding,
agreement, or accord with any other person or firm submitting a bid for the same goods and/or
service and that this bid is in all respects bona fide, fair, and not the result of any act of fraud or
collusion with another person or firm engaged in the same line of business or commerce. Any false
statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as
civil damages.
2.7 A bid bond or certified check in the amount of five percent (5%) of the amount of the bid shall
accompany any bid in excess of $100,000.00 for the bid to be considered responsive.
2.8 Bidder is to submit all applicable contractor’s licenses in conformance with Title 54.1, Chapter 11 of
the Code of Virginia. The City requires bidder to submit a copy of his license or full certificate
number prior to considering the bid.
2.9 By submitting their bid, bidders certify that they are not now debarred by the Federal Government,
the Commonwealth of Virginia, any state, or any locality from submitting bids on contracts for
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construction covered by this solicitation, nor are they an agent of any person or entity that is now so
debarred.
2.10 Bidder is advised that the Virginia Public Procurement Act (Section 2.2-4342, Code of Virginia,
1950 as amended) shall govern public inspection of all records submitted by Bidder.
a) Bidder may invoke the protections of §2.2-4342 of the Code of Virginia to protect trade
secrets, proprietary information, and other confidential information provided by the Bidder:
i. Invoke the protections of this Section prior to, or upon submission of, the data or
other materials.
ii. Provide a statement that identifies the data or other materials to be protected and that
states the reasons why protection is necessary.
iii. Submit trade secrets or other proprietary information under separate cover in a sealed
envelope clearly marked “PROPRIETARY”.
iv. References to the proprietary information may be made within the body of the Bid;
however, all information contained within the body of the bid shall be public
information in accordance with State statutes.
v. An all-inclusive statement that the entire bid is proprietary is unacceptable. A
statement that Bidder’s costs and/or bid pricing are to be protected is unacceptable.
Bidder will be requested to remove any such statement(s) in order to be eligible for
further consideration.
b) The City reserves the right to submit such information to the City Attorney for concurrence of
the Bidder’s claim that it is in fact proprietary. Information submitted that does not meet the
above requirements will be considered public information in accordance with the VFOIA.
2.11 Bidder agrees that its Bid shall be binding and may not be withdrawn for a period of sixty (60)
calendar days after the scheduled closing date of this ITB.
III. RECEIPT OF BIDS
3.1 Bids will be received on or before the date and the hour and at the place stipulated in the Invitation to
Bid and may be modified by subsequent Addenda. Consolidated Procurement Division operating
hours are M-F 8:00 AM until 4:30 PM.
3.2 It is the responsibility of the bidder to assure that its bid is delivered to the place designated for
receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s
responsibility to take into account all factors which may impact its bid deliverer/courier’s ability to
deliver the bid and to implement whatever actions are necessary to have the bid delivered to the
proper bid receipt location prior to the bid receipt deadline. No bids or modifications submitted or
offered after the date and hour designated for receipt of bids will be accepted or considered.
3.3 The Chief Procurement Officer or designee is the City’s representative designated to receive bids at
the time and place noted in the ITB and to open the bids received at the appointed time.
3.4 The official time used for the receipt of responses is determined by reference to the clock designated
by the Chief Procurement Officer or designee. The Chief Procurement Officer or designee shall
determine when the bid receipt deadline has arrived and shall announce that the deadline has arrived
and that no further bids will be accepted. All bids in the possession of the Chief Procurement Officer
or designee or designee at the time the announcement is completed are deemed to be timely, whether
or not the bid envelope has been physically date/time stamped or otherwise marked by the time the
Procurement Officer makes the deadline announcement.
3.5 The solicitation document maintained by the Procurement Department in the bid file folder shall be
considered the official copy. Any exception or changes to the specifications made by the bidder may
be cause to disqualify a bid.
3.6 To demonstrate its qualifications to perform the work, each bidder shall be prepared to submit further
written satisfactory evidence that the bidder has sufficient experience, necessary capital, materials,
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This is the opportunity summary page. It provides an overview of this opportunity and a preview of the attached documentation.