NOTICE OF INVITATION FOR BIDS (“IFB”) 20-ODU-26-HRS I. Webb …otsdocs.s3.wasabisys.com/583529.0/bidInvitation/Notice of... · 2020-05-01 · WEBB CENTER eSPORTS LAB RENOVATION

WEBB CENTER eSPORTS LAB RENOVATION OLD DOMINION UNIVERSITY

Norfolk, Virginia Project Code: 20-ODU-26-HRS

Architect’s Project Code: 583529 DGS-30-256 (Rev. 04/15)

NOTICE OF

INVITATION FOR BIDS (“IFB”) 20-ODU-26-HRS

I. Project Description: Sealed bids are invited for the Webb Center eSports Lab Renovation, at

Old Dominion University, Norfolk, VA 23529.

II. Scope of Work: The Work includes approximately 2,500 square feet of interior finish and construction work including HVAC, plumbing, and electrical work. Also included is replacement of main air handling equipment in this part of the building. Anticipated construction period is on or about June 16, 2020 – September 18, 2020 (Substantial Completion), October 19, 2020 (Final Completion).

III. OWNER and Primary Points of Contact:

a. OWNER: Old Dominion University. b. Procurement Officer: Harry Smithson. E-mail: [email protected]. c. Project Manager: Craig Marshall. E-mail: [email protected]. d. A/E: Moseley Architects e. A/E Project Manager: Jan Burgess. E-mail:

[email protected]

IV. Questions: a. In order to maintain posted Bid due date, all questions related to this project shall be

submitted in writing via email and shall be submitted concurrently to each of the named points of contact in above paragraph III.

b. All questions shall be submitted in writing via e-mail no later than May 19, 2020 at 2:00 P.M.

V. Bid Submission:

a. Sealed bids will be received at Old Dominion University Department of Procurement Services, 4401 Powhatan Avenue, Suite 111, Norfolk, Virginia 23529. The deadline for submitting bids is 2:00 P.M., as determined by the Bid Officer, on May 28, 2020.

b. Bids time-stamped 2:01 P.M. or later will be deemed late and will be returned unopened to the bidder.

c. Bid Submission Delivery Methods: i. Mailing:

Bidder can choose to mail their bid submittal via USPS, FedEx, Ups, or other to:

Old Dominion University 4401 Powhatan Avenue Property Control Suite Norfolk, VA 23529

OR

Notice of Invitation for Bids Page 1 of 9

mailto:[email protected]







ii. Hand Delivery: 1. Bidder has the option to deliver their bid submittal via ‘hand delivery’

directly to Procurement Services, 4401 Powhatan Avenue, Suite 111, Norfolk, VA 23529;

2. If Bidder chooses to ‘hand deliver’ their bid submittal, they must contact the Procurement Officer via email specifying same;

3. In email subject line, Bidder must state “Hand Delivery Requested” – IFB 20-ODU-26-HRS;

4. The email content must include proposed date and time for ‘hand delivery’;

5. Procurement Officer will acknowledge request and someone in Procurement Services will be available to accept ‘hand delivery’ on the date and time specified by the Bidder.

6. If Bidder chooses ‘hand delivery’ of bid submittal on the bid closing date, the delivery shall be made on or before 1:45 P.M. to ensure proper receipt and logging of bid submittal.

d. The OWNER shall make every effort to ensure that all Bids are received in a timely manner for consideration. However, it is ultimately the Bidder’s responsibility to ensure that any Bid submittal, whether Mailed or Hand Delivered, is delivered and received in a timely manner. The OWNER shall not be held responsible for Bid Submittals received after the specified Bid closing date and time.

e. The bids will be opened and read aloud beginning at 2:00 P.M., on May 29, 2020, at the same location. The bids will not be opened and read publicly. However, the University will video the bid opening and reading aloud of bids. This video will be posted on eVA’s VBO procurement portal. This process will supersede any guidance provided for same in DEB’s Form CO-07A, paragraph 8.

VI. Pre-bidders’ Conference and On-Campus Site Walk-Through:

a. Pre-Bidders’ Conference: i. In an effort to practice and support “Social Distancing”, the University will not

conduct an on-site pre-bidders conference. ii. With that stated, the University will conduct a Pre-Bidders’ Conference Call that

will include participation with this solicitation’s named Procurement Officer, Project Manager, and A/E Firm.

iii. The Pre-Bidders’ Conference Call will be open to anyone that wants to participate and will be held on May 5, 2020 at 10:00 A.M.

iv. Bidders who wish to participate in the Conference Call may do so by dialing 1- 877-853-5247 and entering Conference ID Code 620 863 4449 when prompted.

v. Although participation in the Conference Call is non-mandatory, it is suggested that interested Bidders do participate to get a better understanding of the project complexities, work site conditions, schedule, etc.





vi. At the end of the Conference Call participating Bidders will be asked to send an Email to the Procurement Officer (Harry Smithson) at [email protected] so that Procurement Service can compile a list of participants that can be distributed with Addenda if issued.

b. On-Campus Site Walk-Through: i. The University’s designated Project Manager will conduct an on-campus project

site walk-through on May 6, 2020. ii. No additional on-campus project site walk-throughs will be conducted after

above-specified date. iii. The on-campus project walk-through shall be conducted at the Webb University

Center on the Norfolk campus. iv. In an effort to practice and support “Social Distancing”, the on-campus project

site walk-through will have the following requirements: 1. Interested Bidders shall schedule their participation in the project site

walk-through by sending an e-mail to Craig Marshall at [email protected] indicating interest to participate, the number of participants, and the names of participants who plan to attend. This is important so that the University has a list of Contractors, subcontractors, suppliers, etc. that can be shared via Addenda if issued.

2. The Project Manager shall acknowledge via e-mail a Bidder’s interest to participate and shall provide the Bidder with the time the walk-through will occur. It shall be the Bidder’s responsibility to transmit this information to other individuals that Bidder has named as an interested participant.

3. Bidders that are interested in participating in the on- campus project site walk- through must registered with the PM as described herein on or before May 5, 2020 and NLT 2:00 P.M.

4. If Bidder chooses not to register for the on-campus project site walk-through, PLEASE DO NOT SHOW UP FOR SAME, e.g., AVAILABLE ‘SLOTS’ HAVE BEEN SCHEDULED BASED ON REGISTRATION.

5. The walk-through(s) shall be limited to no more than 10 participants.

6. If more than 10 Bidders indicate interest to participate, the Project Manager will schedule multiple time periods to accommodate the number of requests.

7. Regardless of the number of requests: a. All walk-throughs shall be conducted on the date specified

above. b. Bidders/individuals that have provided the Project

Manager with their interest to participate as described/required herein shall attend the walk-through during the time period provided by the Project Manager – NO EXCEPTIONS.









c. Bidders/individuals that have provided the Project Manager with

their interest to participate as described/required herein shall attend the walk-through during the time period provided by the Project Manager – NO EXCEPTIONS.

8. Any questions that Bidders may have during the walk-through shall be submitted as specified in paragraph IV, subparagraphs a and b above.

c. Pre-Bidders Conference Call Agenda:

For Bidders that are unable to participate on the scheduled Pre-Bidders Conference Call, the key components to be discussed and related to this project are:

(i) Owner: Old Dominion University (a) Procurement Officer – See IFB for contact and e-mail. (b) Project Manager – See IFB for contact and e-mail. (c) A/E – See IFB for contact and e-mail.

(ii) Governance: (a) IFB Solicitation: This solicitation process shall be governed by DEB’s

Form CO-7A, attached herein. If there is conflicting guidance/language between this solicitation document and the DGS Form CO-7A, this solicitation document shall prevail.

(b) Contract: Any resulting contract shall be governed by (i) the issued CO- 9 Contract and (ii) DEB Form CO-7, General Terms and Conditions of the Construction Contract, and eVA electronic Purchase Order.

(iii) IFB Process: (a) Question Cut-off Date: In order to maintain posted IFB closing date and

time, all questions related to this project shall be submitted in writing via email and shall be submitted concurrently to each of the points of contact specified in IV. a.-b.

(b) All questions must be received on or before the date and time listed in the IFB.

(c) All questions that impact scope of the project, schedule, and/or cost shall be responded to via an Addendum.

(iv) IFB Response and submittal requirements: Bid Submission Delivery Methods: (a) Mailing.

OR (b) Hand Delivery. (c) See IFB for specific requirements of each Bid Submission

Deliver Method. (d) Response submittals shall include:

(1) The attached Bid form: i. completed as required and fully executed; ii. acknowledgement of any associated Addenda; iii. acknowledgement of participation on the Pre-

Bidders Conference call; and iv. acknowledgement of participation in the on-

campus project site walk-through. (2) A copy of current Certificate of Insurance with appropriate

coverages and limits; and (3) A copy of current SWaM designation, as applicable.





(4) References, as described in below (vii).

(v) IFB Opening: (a) The bids will be opened per what is indicated in the IFB. (b)The bids will not be opened and read publicly. (c) However, the University will video the bid opening and reading aloud of

bids. (d) The video will be posted on the eVA’s VBO procurement portal. (e) This process will supersede any guidance provided for same in DEB’s

Form CO-7A, paragraph 8. (f) The Procurement Officer shall develop a bid tabulation and shall make

same available as may requested. (vi) Executive Order 35 and SWaM Requirements:

(a) The Governor’s Executive Order 35 dated July 3, 2019 provides guidance and initiatives for continued enhancement of “small business” opportunities;

(b) Bidder’s shall provide a small business procurement plan in conjunction with their sealed bid meeting the requirements of DEB’s Form CO-7A, paragraph 17.

(c) The small business procurement plan is the Bidder’s proposed percentage of participation by small businesses in the overall total base bid amount and is indicated on the Bid Form.

(d) An entry on the line for “Contractor’s Proposed Small Business Participation” is required for the bid to be considered responsive.

(e) If the Bidder is a DSBSD certified small business, the proposed percentage of small business participation shall be entered as 100%.

(f) A bidder may enter a proposed percentage of small business participation of 0% and be considered responsive unless the Bid Form states the Owner’s required percentage of small business participation, in which case the bidder shall enter a percentage equal to or greater than the Owner’s required small business participation percentage in order to be considered responsive.

(g) THE UNIVERSITY’S TARGET GOAL IS 50% SUBCONTRACTING TO SMALL BUSINESSES BY AWARDED CONTRACTOR”.

(vii) References: (a) As part of their bid, Bidders are asked to provide a minimum of five (5)

references for successfully completed projects similar in scope and contract amount to this project. Additional References may be included, but the five (5) most related projects should be highlighted first.

(b) In addition, if at any time during the past ten (10) years the Bidder and/or any of the Bidders’ currently named principals has conducted business and/or held a contract agreement of any type with Old Dominion University, either under the Bidder’s current legal name or a previous legal name including any sole proprietorship, corporation, partnership, limited liability corporation, or joint venture, etc., then Bidder shall include as a named reference, Old Dominion University.





(c) If Old Dominion University is named as a reference in a Bidder’s

response, then Bidder’s past performance for any and all Old Dominion University contracts held and/or completed during the specified ten (10) year period may be used to determine a Bidder’s responsibility and subsequent award of this contract.

(viii) Bid Form/Costs: (a) The attached Bid Form, DGS-30-220, shall be completed and executed

as required; (b) Bidder shall include in their cost the associated eVA transaction fee; (c) Siemens cost is included in the Bid Form, Part B, and shall be

made part of total Base bid Part A + Part B. (d) The Bid Form shall be included in the Bidder’s bid response; (e) Failure to provide Bid Form with bid response shall be grounds for

deeming Bidder non-responsive, removing Bidder from any award consideration.

(ix) eVA Downloads: (a) Any Addenda, Drawings, Specifications, Modifications, etc., shall be

posted to and can be downloaded from the eVA procurement portal; (b) It shall be responsibility of the Bidder to monitor the eVA procurement

portal for any Addenda and/or other related documentation associated with this solicitation.

(x) Project Schedule: (a) By submitting a bid any bidder acknowledges and understand that if

awarded the contract that: (1) The NTP will be issued on or about the date listed in the

IFB; (2) Based on NTP date, Substantial Completion shall be

required on or before the date listed in the IFB; and (3) Final completion shall be achieved within 30 calendar

days after the date for Substantial Completion as determined by Owner and AE, unless otherwise modified in writing.

(xi) General Expectations (if applicable refer to DIVISION One): (a) Use of Premises:

(1) Confine operations to the areas identified within the Construction limits.

(2) Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Keep driveways, entrances and roadways free from debris.

(b) Work Restrictions: (1) Work hours – 7:00 am to 5:00 pm M-F, except as

otherwise pre-approved/directed; (2) Provide orderly flow of vehicular traffic; monitor the

site; provide safety/security measures. (3) The building will be occupied during construction.

Therefore, it will be crucial to coordinate the Work with the Owner (Project Manager – Mike Craig) to minimize disruptions to building occupants. Further, the Contractor shall not impede safe access to and emergency egress from surrounding spaces.





(4) Coordinate with the Owner at least 72 hours (3 business

days) in advance of any utility / service outages, other work that may be disruptive to University operations.

(5) Provide two-week look-ahead at progress meetings to aid in the coordination process.

(c) Temporary Facilities & Controls: (1) Parking – Contractor Extended Parking Permit Options:

i. There will be limited on-site parking for company work vehicles only. All Contractors are required to possess parking passes to park on campus. Parking passes may be acquired for use in multiple Contractor vehicles, but that pass can only be displayed in one (1) vehicle at a time when on campus.

ii. Consequently, it is the responsibility of the bidder to factor all parking needs into its bid, and to attain those passes accordingly.

iii. Listed below are the current rates for parking options. It is anticipated that these rates will increase on July 1, 2019. Plan accordingly. A Change Order cannot be provided to cover any additional costs.

a. Monthly pass = $20 per month (equates to $1/day)

b. Daily Scratch-off Pass = $7 each (can buy in bulk)

c. Metered Parking = $1.50 per hour (2) Site plan submittal: staging, combustible materials, lay-

down area, etc., submission to the University required of successful Contractor prior to the ordering of materials.

(3) Keep the site clean. (4) Temporary Toilets: The Contractor will be allowed to

use the Owner’s bathroom facilities. (5) Protection of exterior features such as sidewalks,

roadways, grounds (shrubs, trees, plantings), etc., and interior features such as paint, finishes, walls, glass, floors, other existing equipment, etc., not currently targeted for demolition as part of this project must be maintained in as found condition. Contractor shall be responsible for replacement/repairs to the satisfaction of the Owner.

VII. Contract Award:

a. The contract shall be awarded on a lump sum basis as follows: the Total Base Bid Amount including any properly submitted and received bid modifications plus such successive Additive Bid Items as the Owner in its discretion decides to award in the manner set forth in DEB’s FORM CO-7A, paragraph 12.





b. Any resulting Contract Award shall be made in accordance with the requirements of the Virginia Public Procurement Act (“VPPA”), and the documentation for same shall be as specified by the Division of Engineering and Buildings (“DEB”), to include when applicable, DGS forms (i) CO-9, Contract Between Owner and Contractor, (ii) CO-9a, Workers Compensation Certificate of Insurance, (iii) CO-9.2, Notice To Proceed, (iv) CO- 10, Standard Performance Bond, (v) CO-10.1, Standard Labor and Material Payment Bond, and (vi) CO-17, Building Permit on State Property.

c. The Owner may, at its discretion, issue to the Contractor the form CO-9 prior to DEB’s

approval of the CO-17. The form CO-9.2, however, shall not be issued to the Contractor until Owner has received the DEB approved CO-17. Should DEB fail to approve the Owner’s CO-17 request, under the CO-9 with the Contractor, the Owner shall only be obligated to compensate the Contractor for funds expended for those purchases of Owner approved equipment, materials and supplies and/or costs associated with required submittal and review/approval process for same. The Owner shall not be obligated or responsible for any expenses related to securing labor resources to work the project, or perceived losses in potential overhead and profit.

d. Contract Vendor Quotation: Contractor shall include the in-scope costs provided by Siemens

Industry, Inc. for Building Automation System work as indicated on the Quote Form, Part B of the Base Quote. The University has obtained a quotation from Siemens for their scope of work in accordance with the Project Manual. The proposal, including the scope of work for Building Automation System has been included as Attachment A and is included after the Bid Form Appendix to this Project Manual. The successful Contractor shall be responsible for the work of and shall subcontract with Siemens for their respective scopes of work as if hired by the Contractor as subcontractors.

VIII. Bonding:

a. A Bid Bond equal to five percent (5%) of the amount of the bid. b. Both the Standard Performance Bond and Standard Labor and Material

Payment Bond in the amount of one hundred percent (100%) of the accepted bid will be required of successful low bidder.

IX. Licensing: The successful bidder shall be licensed in Virginia as a Class “A” Contractor and

shall hold at the time of bid submission, the Commercial Building Contractors “CBC” license classification, and if applicable, shall contract with subcontractors for any specialty classifications that may be required, but not held, e.g., GFC, HVA, etc. Because the Owner’s project is not a dwelling or a townhouse, the Residential Building Contractors (“RBC”) license classification does not meet the requirements of this project and will not be considered. It is the bidder’s responsibility to attain the proper licensing prior to submission of a bid.

X. Withdrawal or Modification of Bid: Bids may be withdrawn or modified in accordance with

the procedure specified in DEB’s FORM CO-7A, paragraph 6.





XI. Division of Engineering and Buildings (“DEB”): Any referenced DEB documents may be found at and downloaded from https://dgs.virginia.gov/search/documents-and- forms/?filter=DEB

The Invitation for Bids for this project, including drawings and specifications containing the information necessary for bidding, may be obtained starting April 28, 2020. Plans and the specifications may be downloaded from the Moseley Architects website at www.moseleyarchitects.com/bidding/ and also through eVA.

Copies of the Invitation for Bids documents, including the plans and the specifications, will also be available for inspection at the following locations:

Moseley Architects Old Dominion University 780 Lynnhaven Pkwy, Suite 200 4401 Powhatan Avenue, Suite 111 Virginia Beach, VA 23452 Norfolk, VA 23529

By: Old Dominion University

END OF INVITATION FOR BID


http://www.moseleyarchitects.com/bidding/

DGS-30-055 (Rev. 04/15R1)

CO-7A Page 1 of 9

INSTRUCTIONS TO BIDDERS

The Invitation For Bids (IFB) consists of the Notice, this Instructions To Bidders, the Bid Form, the Pre-Bid Question Form, the General Conditions of the Construction Contract, the Supplemental General Conditions (if any), the Special Conditions (if any), the Forms to be used, and the Scope of Work as described by the Plans and Specifications, other documents listed in the Specifications, and any addenda which may be issued, all of which request qualified bidders to submit competitive prices or bids for providing the described work on the project.

eVA Vendor Registration: The bidder or offeror shall be a registered vendor in eVA. See the attached eVA Vendor Registration Requirements.

1. CONDITIONS AT SITE OR STRUCTURE: Bidders shall visit the site and shall be responsible for ascertaining pertinent local conditions such as location, accessibility, general character of the site or building, and the character and extent of existing conditions, improvements or work within or adjacent to the site. Claims, as a result of failure to have done so, will not be considered by the Owner. See Section 7 of the General Conditions entitled "Conditions at Site."

2. EXPLANATIONS TO BIDDERS: 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. The Owner shall not be responsible for any conclusions, assumptions or interpretations made by bidders during the preparation of bids that are contrary to the drawings and specifications and their clear intent. Discrepancies, conflicts, errors, omissions or doubts as to the meaning of drawings and specifications shall be communicated in writing to the Architect / Engineer for interpretation. Bidders must use the "Prebid Question Form" provided in the bid documents. Bidders must so act to assure that questions reach the Architect/Engineer at least six (6) days prior to the time set for the receipt of bids to allow a sufficient time for an addendum to reach all bidders before the submission of their bids. If, however, there are two (2) weeks or less between the first bid advertisement and the time set for receipt of bids, then bidders must submit questions so that they reach the A/E no later than three (3) days prior to the time set for receipt of bids. Any interpretation made will be in the form of an addendum to the specifications which will be forwarded to all bidders, and its receipt shall be acknowledged by the bidder on Bid Forms. If such discrepancies, conflicts, errors, omissions or doubts are reasonably apparent or should have been reasonably apparent to the bidder, and the bidder failed to submit questions to the A/E in the time and manner required herein and the Contract is awarded to the bidder, then any claims shall be deemed waived and the bidder shall not be entitled to additional compensation or time, or entitled to sue the Owner based on such discrepancies, conflicts, errors, omissions, or doubts.

3. TIME FOR COMPLETION:

(a) "Time for Completion" shall be designated by the Owner on the Invitation for Bids or other

pre-bid documents and shall mean the number of consecutive calendar days following the issuance of the Notice to Proceed which the Contractor has to substantially complete all Work required by the Contract. In some instances, the Time for Completion may be stated in the form of a Contract Completion Date based on a stipulated date of Notice to Proceed.

Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion.

(b) When the Notice to Proceed is issued, it will state a Contract Completion Date, which has been

set by the Owner based on date of the Notice to Proceed and the Time for Completion.

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CO-7A Page 2 of 9

(c) The Contractor, in preparing and submitting his bid, is required to take into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather conditions which might be anticipated, (i.e., conditions which are not extremely unusual). Normal weather conditions shall be determined from the public historical records available, including the U.S. Department of Commerce, Local Climatological Data Sheets, Oceanic and Atmospheric Administration/Environmental Data and Information Service, National Climatic Center and the National Weather Service. The data sheets to be used shall be for the locality or localities closest to the site of the work. No additional compensation will be paid to the Contractor because of adverse weather conditions; however, an extension of time for abnormal weather will be considered by the Owner as indicated in the General Conditions.

(d) If the Owner designates the public historical climatological records to be used, the bidder shall

use those records in computing bids. If the Owner requests each bidder to indicate the records used, each bidder may select the public historical climatological records upon which he will rely in computing his bid. In the latter situation, each bidder shall designate in the space provided which of such climatological data records he used when formulating his bid. A bidder's failure to designate climatological records when submitting a bid shall not disqualify his bid but shall constitute a waiver of the right to claim any extension of time as the result of abnormal weather. In either case, the bid submitted, and the time of completion shall be presumed to have been based upon normal weather derived from the climatological records used.

4. PREPARATION AND SUBMISSION OF BIDS:

(a) Bids shall be submitted on the forms furnished, or copies thereof, and shall be signed in ink.

Erasures or other changes in a bid must be explained or noted over the signature of the bidder. Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the proposal, or irregularities of any kind, may be rejected by the Owner as being incomplete or nonresponsive.

(b) Each bid must give the complete legal name and full business address of the bidder and be

signed by the bidder, or the bidder's authorized representative, with his usual signature. Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person signing, and a list of the partners. Bids by joint ventures must be signed in the joint venture name by one of the joint venturers or an authorized representative of one of the joint venture’s, followed by the designation/title of the person signing, and a list of the joint ventures. Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter. The name of each person signing shall be typed or printed below the signature. A signature on a bid by a person who identifies his title as "President," "Secretary," "Agent" or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing. When requested by the Owner, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. Trade or fictitious names may be referenced by using "t/a _ _ _ ," but bids shall be in the legal name of the person or entity submitting the bid.

(c) Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and

addressed as indicated by the advertisement. If a contract is for one hundred twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred fifty

DGS-30-055 (Rev. 04/15R1)

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thousand dollars ($750,000) or more, the bidder is required under Title 54.1, Chapter 11, Section 1100, Code of Virginia, as amended, to be licensed in Virginia as a "Class A Contractor." If a contract is for ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000), or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is one hundred fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000), the bidder is required to be licensed in Virginia as a "Class B Contractor." 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 and insert his Contractor license/registration number:

Licensed Class A Virginia Contractor No. or Licensed Class B Virginia Contractor No.

If the bidder is not properly licensed in Virginia at the time the bid is submitted, or if the bidder fails to provide this information on his bid or on the envelope containing the bid and fails to promptly provide said Contractor license number to the Owner in writing when requested to do so before the opening of bids, he shall be deemed to be in violation of Section 54.1-1115 of the Code of Virginia, as amended, and his bid will not be considered.

(d) The Board for Contractors has interpreted its regulations to mean "a licensed Contractor can

bid on a contract which contains work outside his license classification(s) as long as he subcontracts those items for which he is not qualified to perform to licensed contractors with the appropriate License Classification and the work of the second party is incidental to the contract." Therefore, the Owner may, as a part of determining whether the bidder is "responsible," require the apparent low bidder to submit a listing of his subcontractors along with the license number and classification or specialty of each.

(e) The bidder must also place its Employer Identification Number (SSN or FEIN) in the space

provided on the Bid Form.

(f) Every bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership must be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law. Any bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 must include in its bid the identification number issued to it by the State Corporation Commission. Any bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. A bidder required to be authorized to transact business in Virginia that fails to provide the required information shall not receive an award unless a waiver of this requirement and of any administrative policies and procedures established to implement Section 2.2-4311.2 of the Code of Virginia, as amended, is granted by the chief executive of the Owner.

If awarded the Contract, the bidder shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Doing so shall be deemed to be a violation of Section 2.2-4311.2 and the bidder understands and agrees that the Owner may void the Contract if the bidder fails to comply with this provision.

DGS-30-055 (Rev. 04/15R1)

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5. BID GUARANTEE:

(a) Any bid (including the Total Base Bid plus all Additive Bid Items) which exceeds five hundred thousand dollars ($500,000) shall be accompanied by a Commonwealth of Virginia Standard Bid Bond, Form CO-10.2, payable to the Owner as obligee in an amount equal to five percent (5%) of the amount of the bid. For construction contracts in excess of $100,000 but less than $500,000, where bid bond requirements are waived, prospective contractors shall be prequalified in accordance with §2.2-4317. A Bid Bond may be required for projects having bids of less than five hundred thousand dollars ($500,000) if such requirement is stated in the Notice of Invitation for Bids. The Bid Bond must be issued by a surety company which is legally authorized by the Virginia State Corporation Commission to do surety business in the Commonwealth of Virginia. Such Bid Bond shall guarantee that the bidder will not withdraw his bid during the period of thirty (30) days following the opening of bids; that if his bid is accepted, he will enter into a formal contract with the Owner in accordance with the Contract Between Owner and Contractor, Form CO-9, included as a part of the IFB Documents; that he will submit a properly executed and authorized Standard Performance Bond and Standard Labor and Material Payment Bond on the forms included in the IFB documents; and that in the event of the withdrawal of said bid within said period, or failure to enter into said contract and give said bonds within ten (10) days after he has received notice of acceptance of his bid, the bidder shall be liable to the Owner for the difference between the amount specified in said bid and such larger amount for which the Owner may contract with another party to perform the work covered by said bid, up to the amount of the bid guarantee. This amount represents the damage to the Owner on account of the default of the bidder in any particular hereof. See §2.2- 4336 of the Code of Virginia, as amended.

(b) See § 2.2-4338 of the Code of Virginia for provisions allowing alternative forms of bid security

in lieu of a Bid Bond. Forms of Security listed in § 2.2-4338.B must be approved prior to submission of a Bid on the Bid Receipt date and time to be acceptable as Bid Security.

(c) The Bid Bonds or other bid security will be returned to all except the three lowest bidders after

the formal opening of bids. The remaining Bid Bonds or bid security will be returned to the bidders after the Owner and the accepted bidder have executed the Contract and the Performance Bond and the Payment Bond have been approved by the Owner.

(d) If the required Contract and bonds have not been executed within thirty (30) days after the date

of the opening of the bids, then the bond or other bid security of any bidder will be returned upon his request, provided he has not been notified of the acceptance of his bid prior to the date of such request.

6. WITHDRAWAL OR MODIFICATION OF BIDS: Bids may be withdrawn or modified by

written or telefaxed notice received at the designated location from bidders prior to the deadline fixed for bid receipt. E-mail modifications are not acceptable. The withdrawal or modification may be made by the person signing the bid or by an individual(s) who is authorized by him on the face of the bid. Written modifications may be made on the bid form itself, on the envelope in which the bid is enclosed, or on a separate document. Written modifications, whether the original is delivered or telefaxed, must be signed by the person making the modification or withdrawal. The modification must state specifically what is to be modified and by what amount or it must state the item to be modified and what the corrected amount should be. (e.g. “Deduct $25,000 from Part A and from the Total Base Bid Amount”; or “Add $23,456 to the Total Base Bid Amount”; or “Deduct $15,650 from the Additive # 2 amount”. A modification to “Deduct $25,000 from Part A” will only be applied to Part A and not to the Total Base Bid Amount) Unless otherwise specified by the Bidder in the modification, the modification will be applied to the TOTAL BASE BID AMOUNT shown on the Bid Form. (e.g. a modification stating only “Deduct $25,000” which is properly signed will be deducted from the Total Base Bid Amount shown on the Bid Form)

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7. RECEIPT OF BIDS:

(a) Bids will be received at or before the date and the hour and at the place stipulated in the Invitation for Bids as may be modified by subsequent Addenda.

(b) It is the responsibility of the bidder to assure that his bid and any bid modifications are

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 on 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 bid modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.

(c) The Bid Officer is the Owner's representative designated to receive bids at the time and place

noted in the IFB and to open the bids received at the appointed time.

(d) The official time used for the receipt of responses is determined by reference to the clock designated by the Bid Officer. The Bid Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted. All bids and bid modifications in the possession of the Bid Officer and his assistants 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 Bid Officer makes the deadline announcement.

(e) In the event the bid receipt occurs during a period of suspended state business operations, the

receipt and opening will be delayed one business day.

8. OPENING OF BIDS:

(a) Bids will be opened at the time and place stated in the Invitation for Bids or as modified by subsequent Addenda, and their contents publicly announced. The Bid Officer shall decide when the specified time for bid opening has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified. Bid opening shall be no sooner than 24 hours after the time set for receipt of bids.

(b) The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspections of bids received.

(c) In the event the bid opening occurs during a period of suspended state business operations, the

opening will be delayed until the next business day.

9. ERRORS IN BIDS: A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due 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.

In accordance with § 2.2-4330.B.(ii) of the Code of Virginia, the bidder must submit to the Owner his original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. Such work papers must be submitted in an envelope or package separate and apart from the envelope containing the bid and marked clearly as to the

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contents and shall be delivered to the Owner by the bidder in person or by registered mail prior to the time fixed for the opening of bids and may not be withdrawn until after the two-hour period (referred to later) has elapsed. The bids shall be opened at the time designated in the IFB, as amended by addendum. Bid opening is usually one day following the time fixed by the Owner for the submission of bids, but no sooner. Once the bids have been opened, the bidder shall have two (2) hours after the opening of bids within which to claim in writing any mistake as defined herein and withdraw his bid. The Contract shall not be awarded by the Owner until such two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered to the Owner prior to bid opening. This procedure (ii) shall not apply to when the entire bid is required to be submitted on a unit price basis.

Failure of a bidder to submit his original work papers, documents and materials used in the preparation of his bid on or before the time, date and place required shall constitute a waiver by that bidder of his right to withdraw his bid due to a mistake.

No bid may be withdrawn under this section when the result would be the awarding of the Contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5%) percent.

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 the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. The person or firm to whom the Contract was awarded, and the withdrawing bidder are jointly liable to the Owner in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval.

If a bid is withdrawn under authority of this section, the lowest remaining bid shall be deemed to be the low bidder on the project.

10. REJECTION OF BIDS: The Owner reserves the right to cancel the Invitation for Bids, to reject

any and all bids at its sole discretion when such rejection is in the interest of the Owner, or to reject the bid of any bidder who is determined to be not responsive or not responsible. See § 2.2-4319, Code of Virginia, as amended.

11. DETERMINATION OF RESPONSIBILITY

Each bidder shall be prepared, if so requested by the Owner, to present evidence of his experience, qualifications and financial ability to carry out the terms of the Contract.

Prior to award of the Contract, an evaluation will be made to determine if the low bidder has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance, and who has been prequalified, if required. Factors to be evaluated include, but are not limited to:

(a) sufficient financial ability to perform the contract as evidenced by the bidder's ability to

obtain payment and performance bonds from an acceptable surety; (b) appropriate experience to perform the Work described in the bid documents; (c) any judgments entered against the bidder, or any officers, directors, partners or owners for

breach of a contract for construction; (d) any substantial noncompliance with the terms and conditions of prior construction contracts

with a public body without good cause where the substantial noncompliance is documented; or

(e) a conviction of the bidder or any officer, director, partner, project manager, procurement manager, chief financial officer, or owner in the last five years of a crime relating to

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governmental or nongovernmental construction or contracting; (f) any current debarment of the contractor, any officer, director or owner, from bidding or

contracting by any public body of any state, any state agency, or any agency of the federal government.

The Owner reserves the right to disqualify or refuse to accept the bid of any bidder who has been convicted, or entered a plea of guilty or nolo contendere, in any federal or state court to any charge involving any unlawful, corrupt or collusive practice involving a public contract whether federal, state, or local, or who has been determined in any judicial proceeding to have violated any antitrust, bid-rigging or collusive practice statute in connection with any public contract, or against whom such formal criminal prosecution or other judicial proceeding has been initiated.

A bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder shall be notified in writing in conformance with the procedures in §2.2-4359 of the Code of Virginia, as amended.

12. AWARD OF CONTRACT

(a) Basis for Contract Award: The Contract, if awarded, will be awarded to the lowest responsive

and responsible bidder, if any, provided his bid is reasonable and it is in the best interest of the Owner to accept it and subject to the Owner's right to reject any and all bids and to waive informality in the bids and in the bidding. The Bid Form contains a multi-part Base Bid and may contain Additive Bid Items. Determination of the lowest responsible bidder, if any, will be based on the Total Base Bid Amount entered on the Bid Form including any properly submitted bid modifications plus as many Additive Bid Items taken in sequence as the Owner in its discretion chooses to Award. Where the sum of the values entered in the multiple parts do not agree with the Total Base Bid amount, the Total Base Bid amount entered on the bid form, including any properly submitted bid modifications, shall take precedence.

In the event that the Total Base Bid from the lowest responsible bidder exceeds available funds, the Owner may negotiate the Total Base Bid amount with the apparent low bidder to obtain a contract price within available funds, pursuant to § 2.2-4318 of the Code of Virginia, as amended, and Section 12(c) herein.

(b) Informalities: The Owner reserves the right to waive any informality in the bids when such

waiver is in the interest of the Owner.

(c) Negotiation With Lowest Responsible Bidder: If award of a contract to the lowest responsive and responsible bidder is precluded because of limitations on available funds, under the provisions of § 2.2-4318 of the Code of Virginia (the Public Procurement Act), the Owner reserves the right to negotiate the Total Base Bid amount with the lowest responsive, responsible bidder to obtain a contract price within the available funds. This may involve changes in either the features or scope of the work include in the Base Bid. Such negotiations with the apparent low bidder may include reducing the quantity, quality, or other cost saving mechanisms involving items in the Total Base Bid. Negotiations for Additive Bid Items are excluded. The Owner shall notify the lowest responsive and responsible bidder that such a situation exists, and the Owner and bidder shall then conduct their negotiations in person, by mail, by telephone or by any means they find convenient. If an acceptable contract can be negotiated, the changes to the Invitation for Bid documents agreed upon in the negotiations shall be summarized in a "Post Bid Modification" and included in the contract. If an acceptable contract cannot be negotiated, the Owner shall terminate negotiations and reject all bids.

(d) Notice of Intent to Award or Notice of Award: The Notice of Award or the Notice of Intent

to Award will be posted at the Agency’s standard location for posting notices as shown on the

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“Notice of Invitation to Bid”. In addition the Agency may also post such notice on the Agency’s Website and/or the DGS central electronic procurement Website. Any bidder or offeror who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body no later than ten days after the posting of the Notice of Award or Notice of Intent to Award, whichever comes first (§ 2.2-4360).

13. CONTRACT SECURITY: For contracts which exceed five hundred thousand dollars ($500,000),

the Standard Performance Bond (Form CO-10) and the Standard Labor and Material Payment Bond (Form CO-10.1) shall be required, as specified in the Invitation for Bids documents. For construction contracts in excess of $100,000 but less than $500,000, where bid bond requirements are waived, prospective contractors shall be prequalified in accordance with §2.2-4317. See the General Conditions and §2.2-4337 and §2.2-4338 of the Code of Virginia, as amended. The Owner reserves the right to require such bonds for contracts less than five hundred thousand dollars ($500,000). If the Owner so elects, the requirement shall be set forth in the Invitation For Bids.

14. CERTIFICATION: The bidder, by his signature on the Bid Form, certifies that neither his

organization nor any of its officers, directors, partners or owners is currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government. See the statement "Disqualification of Contractors" in the Bid Form.

15. ETHICS IN PUBLIC CONTRACTING: The provisions, requirements and prohibitions as

contained in Title 2.2, Chapter 43, Article 6, §2.2-4367 et seq., Code of Virginia, as amended, pertaining to bidders, offerers, contractors, and subcontractors are applicable to this project.

16. BUILDING PERMITS: Because this is a Project of the Commonwealth of Virginia, codes or

zoning ordinances of local political subdivisions do not apply. However, the Virginia Uniform Statewide Building Code shall apply to the Work and shall be administered by the Building Official for State-owned Buildings. The Building Permit will be obtained and paid for by the Owner. All other permits, local license fees, business fees, taxes, or similar assessments imposed by the appropriate political subdivision shall be obtained and paid for by the Contractor. See Section 25 of the General Conditions for utility connection fees and services.

17. UTILIZATION OF SMALL BUSINESSES: It is the policy of the Commonwealth of Virginia to

maximize the participation of small businesses in state contracting. The participation of these businesses directly and through partnerships, joint ventures, subcontracts and other contractual opportunities may be encouraged by stating the Owner’s requirements (if applicable) on the Bid Form. Bidders shall provide a small business procurement plan in conjunction with their sealed bid. The small business procurement plan is the bidder’s proposed percentage of participation by small businesses in the overall total base bid amount and is indicated on the Bid Form. An entry on the line for “Contractor’s Proposed Small Business Participation” is required for the bid to be considered responsive. If the bidder is a DSBSD certified small business, the proposed percentage of small business participation shall be entered as 100%. A bidder may enter a proposed percentage of small business participation of 0% and be considered responsive unless the Bid Form states the Owner’s required percentage of small business participation, in which case the bidder shall enter a percentage equal to or greater than the Owner’s required small business participation percentage in order to be considered responsive.

18. BID DOCUMENTS: Bid Documents are the property of the Owner and a deposit in an amount as

stated in the Invitation for Bids is required for each paper set or for each set provided on removable electronic media as a guarantee of the safe return of the documents within ten (10) days of bid opening. This deposit will be refunded in full on not more than two paper sets or sets provided on removable electronic media to each bidder who submits a prime contract bid and who returns the documents in good condition. Refund will be made on paper sets and sets provided on removable

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electronic media to non-bidders and subcontractors in the amount of half of the deposit when the sets are returned in good condition within 10 days. A deposit is not required for downloading of electronic construction documents through an FTP site. A non-refundable shipping charge may be required for paper sets or sets provided on removable electronic media if stated in the Notice or the Invitation For Bids.

19. GENERAL CONDITIONS: The General Conditions of the Construction Contract, G. S. Form

E&B CO-7, are incorporated in the bid documents. If the General Conditions are incorporated by reference, the bidder may obtain a copy of the current edition of the General Conditions of the Construction Contract, G. S. Form E&B CO-7 at no cost by written request to the A/E and/or the Agency where the bid documents are obtained. Copies may also be obtained from the DGS Forms Center (http://forms.dgs.virginia.gov).

20. PREBID CONFERENCE: See the Invitation For Bids for requirements for a Prebid conference and whether such conference is mandatory or optional.

21. INSPECTION OF BID DOCUMENTS: Copies of the Invitation for Bids documents including

Plans and Specifications and the General Conditions of the Construction Contract, G. S. Form E&B, CO-7, current edition, will be available for inspection at the Agency, at the A/E's office, and at the locations listed in the Notice of the Invitation for Bids.

22. DRUG-FREE WORKPLACE REQUIRED: Bidders are reminded that Section 2.2-4312 of the

Code of Virginia requires that the during the performance of the contract resulting from this solicitation, 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 the 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 in accordance with this solicitation, 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. Paragraphs which have been added or revised since prior edition are identified with a line to the right of the paragraph.

NOTE: These CO-7A, Instructions to Bidders, have been created specifically for the use of agencies of the Commonwealth of Virginia, which may not alter their provisions without the express written approval of the Virginia Department of General Services, Division of Engineering and Buildings. These Instructions to Bidders have significant legal implications and shall not be altered or modified. Nothing in the CO-7A, Instructions to Bidders, shall be amended or deleted or its intent changed, except by an approved and properly issued ‘Supplemental Instruction to Bidders’. The Commonwealth makes no representation as to their suitability for any other purpose.

POLICY ON SMALL BUSINESSES AND BUSINESSES OWNED BY WOMEN AND MINORITIES:

It is the policy of the Commonwealth of Virginia to contribute to the establishment, preservation and strengthening of micro businesses, small businesses and businesses owned by women and minorities and to encourage their participation in state procurement activities. The Commonwealth encourages contractors to provide for the participation of micro businesses, small businesses and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses is required with any bid for construction services where the total contract amount may exceed $100,000. Respondent must provide information on its past utilization of micro, small, women, and minority owned disadvantaged businesses, and must also state any plans to utilize such businesses and the manner in which they may be utilized under this Contract. Electronic copies of the “Small Businesses and Businesses Owned by Women & Minorities" Data Forms are available for download at the http://forms.dgs.virginia.gov website. The Agency will fulfill the Commonwealth’s policy as follows:

1. Old Dominion University is committed to the preservation and strengthening of micro

businesses, small businesses, small businesses owned by women and minorities and to encouraging their participation in State procurement activities.

2. The Agency plans to achieve this goal through Respondent’s willingness to provide for

participation of micro businesses, small businesses, and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on this contract are required. By submitting a response, Respondent certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in the response being deemed non-responsive, and ultimately rejected.

3. Plans submitted that include involvement of certified DSBSD SWAM firms will be evaluated

based on commitment to meeting the University’s targets. Those proposal responses that meet the specification requirements and include plans that most closely meet or exceed the specified targets will be deemed responsive and will be considered for any subsequent award(s).

4. The Agency also encourages Respondents to provide for participation of micro businesses,

small businesses, and businesses owned by women and minorities through partnerships, joint ventures, subcontracts, or other contractual opportunities. Submission of a report of past efforts to utilize the goods and services of such businesses and plans for involvement on any resulting contract are required. By submitting a response, Respondent certifies that all information provided in response to this solicitation is true and accurate. Failure to provide the information required by this solicitation may ultimately result in response being deemed non- responsive, and ultimately rejected.

5. While it is the Agency’s intent to enter into an exclusive agreement with one Respondent

whenever possible, all potential Respondents are encouraged to subcontract any applicable services by partnering with qualified vendors that have also been certified as micro, small, small woman-owned, or small minority-owned businesses through the Commonwealth of Virginia’s Department of Small Business and Supplier Diversity (DSBSD).

6. In order for Respondents to be given consideration for award of a contract, each Respondent

http://forms.dgs.virginia.gov/

shall provide with their response (and/or no later than (10) business days after request, but prior to award, such statements (s) setting forth: a. The good faith SWAM owned business participation efforts which the Respondent has

undertaken in the past: and b. The good faith SWAM owned business participation efforts which the Respondent

intends to undertake in connection with the performance of this contract; including name of firm, contact name and phone number, total dollar amount to be subcontracted, category type (micro, small, women, or minority owned), type of product/services.

7. If in the statement submitted in the response to above sections 6.a and 6.b., the Respondent

indicates that it has not undertaken any good faith SWAM business participation efforts in the past and/or does not intend to undertake any such efforts in connection with the performance of any resulting contract, the Respondent must also submit a statement setting forth the reason why it has not undertaken such efforts in the past and/or does not intend to undertake them in connection with the performance of this contract.

8. Any Respondent that can qualify for certification through DSBSD must do so prior to the award

of any contract. The qualification information shall be evidenced by that information specified in the Respondent’s completed and submitted W-9 form.

9. Respondent shall agree that when proposing subcontractors that are not certified through

DSBSD, it shall become the responsibility of the Respondent to ensure those proposed subcontractors become certified through DSBSD, when applicable. Failure on the part of the Respondent to agree to this responsibility will result in the response being deemed non- responsive and rejected. Prior to the issuance of any contract and/or purchase order, the successful Respondent shall provide support documentation to the Agency validating the efforts of the Respondent to get the proposed subcontractors certified. Should the Respondent fail to get certified through DSBSD those proposed subcontractors that qualify, Respondent may be deemed in “breach”, and the contract and/or purchase order may be cancelled.

10. Regardless of whether or not the Respondent is able to qualify for DSBSD certification,

selected Respondent shall also agree to provide reports to the Agency’s Department of Procurement Services, identifying the subcontractors used during the performance of any subsequent contract, as follows:

Note: Respondent may be deemed in “breach of contract” for failure to provide the required subcontractor data and reports as specified above, and the contract and/or purchase order may be cancelled. Additionally, the Agency may withhold payment(s) for any and all services provided and invoiced during the period, and those same services will remain unpaid until such data and reports are provided.

For the purposes of this section, the following definitions shall apply:

a. Good faith SWAM owned business participation efforts:

The sum total of efforts by a particular business to provide for equitable participation of SWAM subcontractors in the operations and contracts of such businesses.

i. For past efforts, this sum total shall be comprised of the record of minority

participation over the past two (2) years through employment, retention and

promotion: subcontracting or joint ventures in the private sector; or a combination thereof.

ii. In connection with the performance of this contract, good faith efforts shall mean those measures which are proposed to allow equitable participation of SWAM subcontractors.

b. Minority Owned Business Enterprise: a business concern which is at least 51

percent owned by one or more minorities or in the case of a corporation, partnership or limited liability company or other entity, at least 51 percent of the equity ownership interest in which is owned by one or more minorities and whose management and daily business operations are controlled by one or more of such individuals.

c. Minority Individual: "Minority" means a person who is a citizen of the United States

or a legal resident alien and who satisfies one or more of the following definitions:

i. Asian Americans: means all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Marinas, the Philippines, U. S. territory of the Pacific, India, Pakistan, Bangladesh and Sri Lanka and who are regarded as such by the community of which these persons claim to be a part.

ii. African Americans: means all persons having origins in any of the original peoples of Africa and who are regarded as such by the community of which these persons claim to be a part.

iii. Hispanic Americans: means all persons having origins in any of the Spanish speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who are regarded as such by the community of which these persons claim to be a part.

iv. Native Americans: means all persons having origins in any of the original peoples of North America and who are regarded as such by the community of which these persons claim to be a part or who are recognized by a tribal organization.

v. Eskimos and Aleuts: means all persons having origins in any of the peoples of Northern Canada, Greenland, Alaska, and Eastern Siberia and who are regarded as such in the community of which these persons claim to be a part.

d. Micro Business Enterprise: those certified small businesses that have no more than

twenty-five (25) employees and no more than $3 million in average revenue over the three-year period prior to their certification.

e. Small Business Enterprise: an independently owned and operated business which,

together with affiliates, has 250 or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years.

f. Woman Owned Business Enterprise: a business concern which is at least 51 percent

owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership or limited liability company or other entity, at least 51 percent of the equity ownership interest in which is owned by one or more women, and whose management and daily business operations are controlled by one or more of such individuals.

DGS-30-360 (Rev 04/15)

PARTICIPATION IN STATE PROCUREMENT TRANSACTIONS BY

SMALL BUSINESSES AND

BUSINESSES OWNED BY WOMEN, MINORITIES AND SERVICE-DISABLED VETERANS

The Proposer is required to provide information concerning utilization of small businesses, women-owned businesses, minority owned businesses and service-disabled veteran-owned businesses proposed for this project as well as on past projects. Failure to complete and return this form with the response to the RFP will result in the proposing firm being considered “non- responsive”.

PART I – DEFINITIONS

The definitions below are applicable to vendors doing business with the Commonwealth of Virginia. Federal definitions shall govern with respect to meeting federally funded highway construction and other federally financed programs.

DSBSD: Virginia Department of Small Business and Supplier Diversity

Micro Business: A small business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). For purposes of DSBSD micro certification, the business must have no more than 25 employees and has no more than $3 million in average annual revenue over the three-year period prior to certification.

Minority-Owned Business: A business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). For purposes of DSBSD certification, the Code of Virginia defines “minority” as an individual who is a citizen of the United States or a legal resident alien and who is African American, Hispanic American, Asian American or Native

Service Disabled Veteran-Owned Business: A business owned by a veteran who (I) served on active duty in the United States military ground, naval or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.

Small Business: A business certified by the Virginia Department of Small Business and Supplier Diversity (DSBSD) as compliant with Code of Virginia, §§ 2.2-1604 and 2.2-4310. The Code of Virginia defines a “small business” as one that is at least 51% independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees or average gross receipts of $10 million or less averaged over the previous

Women-Owned Business: A business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). The Code of Virginia defines this to include businesses which are at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens.

DGS-30-360 (Rev. 04/15)

OFFEROR / PROPOSER:

PART II DATA ON FIRM SUBMITTING PROPOSAL

Firm Name:

Contact Person:

Phone Number:

DPOR Registration # :

PROPOSAL FOR:

Agency:

Project Title:

Project Code No.:

VA Department of PARTICIPATION STATUS: Small Business and

Supplier Diversity As defined by Part I: (DSBSD) Certificate #

Is the Proposer a Micro Business?

Is the Proposer a Small Business?

Is the Proposer a Woman-Owned Business?

Is the Proposer a Minority-Owned Business?

Is the Proposer a Service-Disabled Veteran-Owned Small Business?

REMARKS / COMMENTS:

DGS-30-360 (Rev. 04/15)

PART III LISTING OF DISADVANTAGED BUSINESSES PROPOSED FOR THIS PROJECT

(Complete additional pages if needed.)

OFFEROR / PROPOSER: Firm Name: Date Form Completed:

Contact Person: Phone Number:

PROPOSAL FOR PROJECT:

Agency: Project:

Project Code No.: List Offeror's plans to involve small businesses, businesses owned by women, and businesses owned by minorities in the performance of this contract either as part of a joint venture, as a partnership, as subcontractors, as consultants, or as suppliers. Offerors are encouraged to provide additional information and expand upon the following format.

Firm Type

Mic

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Smal

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Wom

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Min

ority

-Ow

ned

Bus

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Serv

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Dis

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d Ve

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Firm Name

Firm Address

Contact Person/ Phone Number

DPOR

Registration # (if applicable)

DSBSD Certificate #

Services or Materials Provided

Estimated Contract

Amount ...

… or % of

Total Contract

DGS-30-360 (Rev. 04/15)

PART IV LISTING OF PAST UTILIZATION OF DISADVANTAGED BUSINESSES BY PROPOSER

(Complete additional pages if needed)

OFFEROR / PROPOSER: Firm Name: Date Form Completed:

Contact Person: Is this the final report? Phone Number:

SMALL BUSINESS UTILIZATION REPORT FOR PAST PROJECT:

Agency: Proposed small business participation: % Project: Actual small business participation: %

Project Code No.: (Include ONLY small and micro business participation) List small businesses, businesses owned by women, and businesses owned by minorities with which the offeror has contracted or done business with on the project noted above. Also list the dollar amount spent with each of these businesses. Offerors are encouraged to provide additional information and expand upon the following format.

Firm Type

Mic

ro B

usin

ess

Smal

l Bus

ines

s

Wom

an-O

wne

d B

usin

ess

Min

ority

-Ow

ned

Bus

ines

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Serv

ice-

Dis

able

d Ve

tera

n-O

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d B

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Firm Name

Firm Address

Contact Person/ Phone Number

DPOR

Registration # (if applicable)

DSBSD Certificate #

Services or Materials Provided

Contract Amount

% Of Total Contract

DGS-30-384 (Rev. 04/15)

Vendor eVA Registration Requirements

eVA Vendor Registration: The eVA Internet electronic procurement solution (http://eVA.virginia.gov) streamlines and automates government purchasing activities for the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide construction and/or professional services to the Commonwealth shall participate in the eVA electronic procurement solution. All bidders or offerors must register in eVA; failure to register will result in their bid/proposal being rejected. There are no fees to register, however, transaction fees apply as follows:

The Vendor Transaction Fee shall be: (i) DSBSD-certified Small Businesses: 1%, capped at $500 per order. (ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at

$1,500 per order.

eVA Contracts and Orders: The solicitation/contract will result in one purchase order with the eVA transaction fee specified below assessed for each order.

The Vendor Transaction Fee shall be: (i) DSBSD-certified Small Businesses: 1%, capped at $500 per order. (ii) Businesses that are not DSBSD-certified Small Businesses: 1%, capped at

$1,500 per order.

The eVA transaction fee will be assessed approximately 30 days after purchase order is issued. Any adjustments (increases/decreases) will be handled through eVA change orders.

The eVA transaction fees listed above are per the eVA Fee Schedule, revised 7/1/2014. Please refer to the eVA website for subsequent fee revisions.

DSBSD is the Virginia Department of Small Business and Supplier Diversity, a new department which went into effect 1/1/2014. The operations of the former Department of Minority Business Enterprise (DMBE) are currently being transitioned into DSBSD. Until such time as the transition is complete, consider “DSBSD- certified” and “DMBE-certified” to be equivalent terms.

DGS-30-272 (Rev. 04/15)

PREBID QUESTION FORM (Use separate Form for each question submitted.)

Date:

Project Title: WEBB CENTER eSPORTS LAB RENOVATION OLD DOMINION UNIVERSITY

Architect’s Project Number: 583529 IFB#: #20-ODU-26-HRS

The following question concerns Drawing Sheet (number) :

The following question concerns Specifications Section (number) , page , paragraph :

All responses to questions will be made by Addendum.

Question submitted by: Name Organization Phone

Bidders shall Moseley Architects Old Dominion University

Email form to: Jan Burgess Harry Smithson, VCCO

[email protected] Assistant Director, and Procurement Services

[email protected] This form is available on www.moseleyprojects.com/OTS/ Click on “Submit Question.”

(P): (757) 683-5107

All questions shall be submitted no later than 2:00 pm, May 19, 2020 to allow answers to be issued prior to receipt of bids.




http://www.moseleyprojects.com/OTS/


Norfolk, Virginia Project Code: 20-ODU-26-HRS Architect’s Project Code: 583529

DGS-30-220 Standard Bid Form Format (Rev. 04/15)

BID FORM

DATE: May 28, 2020 PROJECT: Webb Center eSports Lab Renovation

ODU Norfolk, Virginia

IFB#: 20-ODU-26-HRS

To: Commonwealth of Virginia Old Dominion University Department of Procurement Services Facilities Management Building 4401 Powhatan Avenue, Suite 111 Norfolk, VA 23529

In compliance with and subject to your Invitation for Bids and the documents therein specified, all of which are incorporated herein by reference, the undersigned bidder proposes to furnish all labor, equipment, and materials and perform all work necessary for construction of this project, in accordance with the Plans and Specifications dated April 27, 2020, and the Addenda noted below, as prepared by Moseley Architects, 780 Lynnhaven Parkway, Suite 200, Virginia Beach, Virginia 23452, for the consideration of the following amount:

BASE BID (including the following parts but excluding work in Additive Bid Items):

Part A – Building Renovation: Lump sum price for Webb Center eSports Lab Renovation, exclusive of Parts B and C, complete in accordance with the Plans and Specifications.

PART A = Dollars ($ ).

Part B - Building Automation System: Lump sum price as submitted by Siemens for the Building Automation System work. Contractor shall be responsible for the work of Siemens as though Siemens was a subcontractor.

PART B = One Hundred Forty-Six Thousand Two Hundred Eleven Dollars ($146,211.00).

TOTAL Base Bid (Part A+ Part B ) =

Dollars ($ ).

April 27, 2020 BID FORM BF -1



Contract award will be based on the BASE BID AMOUNT shown above (including any properly submitted bid modifications) and/or in part as availability of funds dictates, plus such successive Additive Bid Items as the Owner in its discretion decides to award in the manner set forth in Paragraph 12 of the Instructions to Bidders. The Owner reserves the right to negotiate with the lowest responsive and responsible bidder.

The bidder has relied upon the following public historical climatological records: The NOAA for Norfolk, Virginia.

The undersigned understands that time is of the essence and agrees that the date for Substantial Completion of the entire project shall be on or before September 18, 2020 based on a Notice authorizing Work to proceed on or about June 16, 2020, and Final Completion shall be achieved within 30 consecutive calendar days after the date of Substantial Completion as determined by the A/E.

Acknowledgment is made of:

Receipt of Addenda, by Addenda Number: .

Participation in Pre-Bidders’ Conference: YES or NO .

Attended On-Campus Project Site Walk-Through: YES or NO .

If notice of acceptance of this bid is given to the undersigned within 30 days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will execute and deliver a contract in the prescribed form (Commonwealth of Virginia Contract Between Owner and Contractor, Form CO-9) within 10 days after the contract has been presented to him for signature. The required payment and performance bonds, on the forms prescribed, shall be delivered to the Owner along with the signed Contract.

Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and shall not during the performance of the Contract for this project violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens, or knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

DISQUALIFICATION OF CONTRACTORS: By signing this bid or proposal, the undersigned certifies that this Bidder or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Bidder a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same. We have attached an explanation of any previous disbarment(s) and copies of notice(s) of reinstatement(s).

Either the undersigned or one of the following individuals, if any, is authorized to modify this bid prior to the deadline for receipt of bids by writing the modification and signing his name on the face of the bid, on the envelope in which it is enclosed, on a separate document, or on a document which is telefaxed to the Owner:




I certify that the firm name given below is the true and complete name of the bidder and that the bidder is legally qualified and licensed by the Virginia Department of Professional and Occupational Regulation, Board for Contractors, to perform all Work included in the scope of the Contract.

Virginia License No.:

Contractor Class:

Specialty:

Bidder: (Name of Firm)

By: (Signature)

Valid until:

FEIN/SSN: Title:

If General Partnership (List Partners' Names) Business Address:

Telephone #

FAX #

If Corporation, affix Corporate Seal & list State of Incorporation

State:

(Affix Seal)

Virginia State Corporation Commission ID No.: ; or

If Contractor is a foreign business entity not required to be authorized to transact business in the Commonwealth under Titles 13.1 or 50 of the Code of Virginia, or as otherwise required by law, please provide an explanation as to why such entity is not required to be so authorized:

.

Contractor’s Proposed Small Business Participation: % (required)


SIEMENS Attachment AIndustry, Inc.

Reference # 23-20 April 28, 2020

Unrestricted - 1 of 6 -

5301 Robin Hood Rd. Suite 118 Tel: (757) 490-6026 Norfolk, VA 23513 Fax: (757) 490-0610

Old Dominion University Norfolk, VA Webb Center eSports Lab Renovation

Siemens Industry is pleased to provide this proposal to: Provide and install controls as a direct extension of the existing Siemens Apogee BAS installed at Old Dominion University per the project reference plans dated March 12, 2020. Our proposal is provided in accordance with the Siemens – ODU Pricing Agreement – Contract #19-ODU-17-CCC.

Clarifications: Control wiring in EMT conduit in mechanical spaces, plenum rated cable in concealed

accessible locations VFD’s provided by unit manufacturer per Miller-Picking equipment submittal Control valves provided by Siemens for installation by mechanical Flow stations and dampers provided by Siemens for installation by mechanical Interlock wiring for split system and installation of manufacturers t-stat by Siemens VAV controls to be factory installed Wet differential pressure transmitter provided by Siemens for installation by mechanical

Providing and Installing: 1. Demo AHU6 and AHU7 control panels, points, and pneumatics, relocate as shown2. Make temporary connections for AHU63. Installation of new controls for AHU-7

3.1. Control valves provided by Siemens, installed by mechanical3.2. AFMS provided by Siemens for Outside Air, installed by mechanical3.3. Field installed control points

4. Controls for Fan Powered VAV with HW Reheat – (quantity 2)4.1. Factory installed controls: damper actuator, controller, fan relay4.2. Field installed points: space temperature, supply temperature, hot water valve

4.2.1. Valve provided by Siemens, installed by mechanical 5. Controls for Fan Powered VAV with Electric Reheat – (quantity 1)

5.1. Factory installed controls: damper actuator, controller, fan relay, e-heat relays, SCR5.2. Field installed points: space temperature, supply temperature

6. Controls for Shutoff VAV with Electric Reheat – (quantity 11)6.1. Factory installed controls: damper actuator, controller, e-heat relays, SCR6.2. Field installed points: space temperature, supply temperature

7. Controls for Shutoff VAV with HW Reheat – (quantity 3)7.1. Factory installed controls: damper actuator, controller7.2. Field installed points: space temperature, supply temperature, hot water valve

7.2.1. Valve provided by Siemens, installed by mechanical

SIEMENS Proposal Industry, Inc. Reference # 23-20 April 28, 2020



8. Controls for Zone Dampers with AFMS and HW Reheat (quantity 6) 8.1. Damper provided by Siemens, installed by mechanical 8.2. AFMS provided by Siemens, installed by mechanical 8.3. Hot water valve provided by Siemens, installed by mechanical 8.4. Space temperature and supply temperature sensors

9. Controls for Zone Dampers with AFMS w/o HW Reheat (quantity 2) 9.1. Damper provided by Siemens, installed by mechanical 9.2. AFMS provided by Siemens, installed by mechanical 9.3. Space temperature and supply temperature sensors

10. Hot Water system controls 10.1. Start/stop, status, and speed points for existing VFD + network if available 10.2. Wiring of wet DP transmitter, transmitter provided by Siemens, installed by

mechanical 11. Exhaust Fan controls (quantity 1)

11.1. Start/stop and status 11.2. Damper interlock

12. Ductless Split System controls (quantity 1) 12.1. Space temperature 12.2. DSS alarm point 12.3. Interlock wiring of split system and installation of manufacturers thermostat

13. System Graphics Providing: 1. For installation by others:

1.1. Control valves 1.2. Airflow measuring stations 1.3. Control dampers

2. For completion by Siemens: 2.1. Submittals for review and approval 2.2. Asbuilts upon project completion 2.3. All point checkout, programming, and startup 2.4. Commissioning, checkout and verification of project sequence of operations

Provided by Others: 1. Variable Frequency Drives 2. Testing and balancing General Conditions: Work to be performed during normal business hours (Monday – Friday 7:30 AM – 4:30 PM)




Excluded: 1. Permits and inspections 2. Payment or Performance Bond 3. Cutting, Patching and Painting 4. Over time labor 5. Starters, disconnects and variable frequency drives provided and installed by others Pricing: Contractor Purchase / Bid Form: Purchased By: Contractor Assignment/Bid Form Pricing: $146,211* *Includes: Material, Freight, and Labor at Contract Rates, Use Tax, Outside purchase markup, and Warranty amounts as outlined in 19-ODU-17-CCC As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur. Among other factors, Siemens’ delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. Our pricing is valid for thirty days from the date of our proposal. Sincerely,

Approved and Accepted By: / Date:

John Tipton Service and Solutions Sales _____________________________________




Project Name:

ODU Webb Center eSports Renovation

Unit/System Point Point Description AI AO DI DO FLN NOTES

AHU7 rat return air temperature 1 duct temp sensor

rah return air humidity 1 duct humidity sensor

relfan relief fan VFD 1 1 1 1 VFD by mfr, relay, CSR

reld-es gravity damper end switch 1 end switch

rsmk return air smoke detector 1 duct detector by FAC

rad return air damper 1 modulating damper actuator

oad outside air damper 1 modulating damper actuator

oaflow outside air flow station 1 outdoor AFMS

mat mixed air temperature 1 duct temp sensor

chwv chilled water valve 1 modulating valve

cwps condensate pan switch 1 pan switch

ltd low temp detector 1 low temp detector

sfan1 suppy fan 1 VFD 1 1 1 1 VFD by mfr, relay, CSR

sfan2 suppy fan 2 VFD 1 1 1 1 VFD by mfr, relay, CSR

hsp1 high static switch 1 1 pressure switch

hsp2 high static switch 2 1 pressure switch

sat1 supply air temp 1 1 duct temp sensor

sat2 supply air temp 2 1 duct temp sensor

ddp1 down duct pressure 1 1 differential pressure transmitter

ddp2 down duct pressure 2 1 differential pressure transmitter

sph space humidity 1 space humidity sensor

bsp building static pressure 1 differential pressure transmitter

10 6 9 3 3

FPVAV fan fan start/stop 1 relay

with HWR fans fan status 1 current sensing relay

flow airflow 1 airflow transmitter on TEC

dpr damper 1 modulating control damper actuator

hwvlv hot water valve 1 modulating control valve

hwvp hot water valve position 1 feedback position

sat supply air temperature 1 duct temp sensor

spt space temperature 1 space temp sensor

Typical of 2 4 2 1 1 0

FPVAV fan fan start/stop 1 relay




with ELEC fans fan status 1 current sensing relay

flow airflow 1 airflow transmitter on TEC


elec1 electric heat 1 1 SCR1


elecalm1 alarm 1 1 heat alarm relay





SOVAV flow airflow 1 airflow transmitter on TEC

with ELEC dpr damper 1 modulating control damper actuator







Typical of 11 3 3 2 0 0

SOVAV flow airflow 1 airflow transmitter on TEC

with HWR dpr damper 1 modulating control damper actuator

hwvlv hot water valve 1 modulating control valve





ZONE flow airflow 1 airflow transmitter wired to PXC

with HWR dpr damper 1 modulating control damper actuator

hwv hot water valve 1 modulating control valve





ZONE flow airflow 1 airflow transmitter wired to PXC

with NO HWR








HWSYS hwp1 start/stop 1 relay

existing VFD

hwp1s status 1 current sensing relay

hwp1spd pump speed 1 speed output signal

hwpDP hw system differential pressure 1 new wet DP

1 1 1 1 0

EXF ef1 exhaust fan start/stop 1 relay

ef1s exhaust fan status 1 current sensing relay

efdpr exhaust fan damper (interlock) interlock wiring and damper actuator

0 0 1 1 0

DSS spt space temperature 1 space temp sensor

alm DSS alarm 1 alarm relay

interlock DSS interlock wiring and mfr

tstat 1 mfr tstat and interlock wiring

1 0 1 0 1