EASEMENT CLEARING SERVICES FOR WATER RESOURCES UTILITIES

CITY OF LYNCHBURG, PROCUREMENT DIVISION
LYNCHBURG, VA 24504, (434) 455-3970
Easement Clearing Services
for Water Resources Utilities
INVITATION FOR BID #2026-078
ISSUED: April 14, 2026
DUE: May 12, 2026 at 3:00 p.m.
Invitation for Bid Prepared By:
Will Ruberry - Contract Specialist
www.lynchburgva.gov
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Table of Contents
Title Page #
General Terms and Conditions.................................................................................................................3
Instructions to Bidders............................................................................................................................18
Scope of Work..........................................................................................................................................20
Terms and Signature Sheet.....................................................................................................................31
Statement of Experience.........................................................................................................................32
Statement of Available Resources.........................................................................................................33
Corporate Status Form............................................................................................................................34
Questions to Bidders/Offerors...............................................................................................................35
Bid Pricing Sheet......................................................................................................................................36
Force Account Pricing - Extra Work.......................................................................................................37
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THE CITY OF LYNCHBURG
LYNCHBURG, VIRGINIA
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS
(Bidder: The general rules and conditions that follow apply to all purchases by the City of Lynchburg, through its Procurement
Division and become a definite part of each formal solicitation, purchase order or other award issued by the Procurement
Division, unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to
the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder's own risk, and a
bidder cannot secure relief from the conditions on the plea of error.)
Subject to all applicable laws, ordinances, policies, resolutions, regulations and all limitations imposed thereby, bids on all
solicitations issued by the Procurement Division will bind bidders to the conditions and requirements herein set forth unless
otherwise specified in the solicitation.
1. DEFINITIONS: The definitions in the Virginia Public Procurement Act and Lynchburg Public Procurement Code apply. In
addition, the following definitions apply to these General Conditions and Instructions to Bidders:
a. BID: The written offer of a bidder to the City, submitted in response to a solicitation by the City, to provide the City
specific goods or services at specified prices and/or other conditions specified in the solicitation, unless indicated to the
contrary, as used herein, bid includes a bid submitted in response to an Invitation for Bid.
b. BIDDER: Any person who submits a bid to the City.
c. CITY: The City of Lynchburg, Virginia
d. CONTRACTOR: Any person, including without limitation, any company, individual, firm, corporation, partnership joint
venture, or other organization with which the City contracts.
e. INVITATION FOR BID (IFB): A written request made to prospective vendors (bidders) for their bids on goods or services
desired by the City when initiating Contractor selection by means of Competitive Sealed Bidding.
f. NON-PROFESSIONAL SERVICES: Any services not specifically identified as professional services in the definition of
professional services
g. PROCUREMENT MANAGER: The Procurement Manager employed by the City.
h. SOLICITATION: The document published by the City notifying the public and prospective bidders that the City is seeking
vendors to submit bids to provide goods or services to the City and providing information regarding the procurement
process, the City's requirements, and terms and conditions of any resulting contract.
i. STATE: Commonwealth of Virginia.
SPECIFICATIONS
2. QUESTIONS OR COMMENTS: For City solicitations done through the Procurement Division, all contact between bidders or
prospective bidders and the City shall be only with the Procurement Division. Any questions which may arise as a result of
this solicitation may be addressed to Will Ruberry at 434-455-3943, or by email to william.ruberry@lynchburgva.gov.
Inquiries must be received at least 7 days prior to the due date in order to be considered. Contact initiated by a bidder
concerning this solicitation with any other City representative, not expressly authorized elsewhere in this document, is
prohibited. No bidder or potential bidder shall initiate or engage in any discussions with any other employee of the City or
any member of the City Council while a solicitation is outstanding concerning the contents of such solicitation or with the
intent to influence or interfere with the contract award authorized by and described in such solicitation. A violation hereof
may result in the disqualification of such bidder.
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3. ADDENDA: Any changes or supplemental instructions to this Invitation for Bid shall be in the form of written addenda. All
addenda are downloadable from the Procurement web site at http://www.lynchburgva.gov/bids.aspx. Each bidder is
responsible for determining that all addenda issued have been received and shall acknowledge receipt of all addenda in the
space provided or by returning a copy of each signed addendum. All addenda shall be issued no later than 5 days prior to the
bid due date. Failure to do so may result in rejection of the bid. All addenda so issued shall become part of the IFB and any
resulting contract documents. Oral answers shall not be authoritative and shall not provide any basis for reliance by a bidder.
4. BRAND NAME OR EQUAL ITEMS: Unless otherwise provided in the Invitation for Bid, the name of a certain brand, make or
manufacturer does not restrict bidders to the specific brand, make or manufacturer named. Such a brand name conveys
the general style, type, character and quality of the article desired, and any article which the City, in its sole discretion,
determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for
the purpose intended shall be accepted.
5. FORMAL SPECIFICATIONS: When an Invitation for Bid indicates that it is a "formal specification" (no substitute), or
otherwise states that the article specified, and no other, shall be provided, then the bidder shall furnish the article in strict
conformity with the specification and may not offer a purported equal or substitute. The bidder shall abide by and comply
with the true intent of the specifications and not take advantage of any unintentional error or omission. The bidder shall
fully complete every part as the true intent and meaning of the specifications and drawings. Whenever a specification
requires articles, materials, or workmanship to conform to laws, ordinances, regulations, building codes, underwriter
laboratory standards, ASTM standards, or similar law or standards, the specification shall be construed to require at least
the minimum acceptable standard allowed by the cited law or standard under the circumstances unless otherwise
indicated.
6. OMISSIONS AND DISCREPANCIES: Unless otherwise indicated, any specification for an item of equipment shall be
interpreted to include not only the item of equipment specified, but also those parts, items, appurtenances and accessories
reasonably necessary to make the equipment complete and working.
BID PROCESS
7. TIME FOR RECEIVING BIDS: All sealed bids will be ultimately received in the Procurement Division Office, Third Floor, City
Hall. It is the responsibility of the bidder to ensure bids are received by Procurement Staff and time stamped prior to the
deadline for bids. Hand delivered bids may be dropped off at the Citizens First Info Center in the lobby on the First Floor of
City Hall. A Procurement Division Staff member will be notified to come and retrieve the bid and time stamp it at that time.
Bids received prior to the time of opening will be securely kept unopened. No responsibility will be attached to the
Procurement Division for the premature opening of a bid not properly addressed, received, and identified. Any bid opened
prematurely will be resealed and kept securely until the time of opening. Bids, to include addenda or changes to a
response, shall not be accepted via a FAX machine or by Internet E-mail. Late bids will not be accepted and will be returned
unopened.
8. SIGNATURE: All bids shall be signed on the Terms and Signature Sheet in order to be considered. Bids submitted without a
signature shall be rejected. If the Bidder is a partnership or corporation, the Bidder shall show the title of the individual
signing the bid, and if the individual is not an officer of the partnership or corporation, if requested, the Bidder shall submit
proof that the individual has the authority to bind the partnership or corporation.
9. BID BONDS: Only when specifically requested in the bid documents shall each bid be accompanied by a bid bond with
surety satisfactory to the City or a Cashier's or a Certified Check, made payable to the City of Lynchburg. In the event of
default by the Bidder, the deposit shall be and represent liquidated damages to the City. Bids received without a bid bond,
when specifically requested, shall be rejected.
10. BID MODIFICATION AND WITHDRAWAL: Any bidder may withdraw or modify its bid, in writing containing the original
signature of the bidder, which writing must be received by the City prior to the date and time set for submission of bids.
Withdrawal or modification must be in writing and be delivered by one of the following means: (i) hand delivery by the
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bidder itself, a courier, or other delivery service; (ii) by mail (no consideration shall be given to any postmark); or (iii) by
marking(s) on the exterior of the bid submission envelope, but only if the marking is dated and includes the original
signature of the bidder. Written modifications of bids should not reveal the bid price contained in the previously submitted
sealed bid, but should simply provide the desired addition, subtraction or modification, so that the final price or terms of
the bid will not be known to the City until the sealed bids are opened. Modifications shall be on the interior envelope and
sealed prior to submittal. No bid shall be altered or amended after the specified time for opening.
11. BIDDERS PRESENT: At the time fixed for the opening of sealed bids, their contents will be made public for the information of
bidders and other interested parties who may be present either in person or by representative. All bids will be opened at
the time and place specified and read publicly and remain available for inspection in the Procurement Division during
regular City business hours by bidders prior to award (unless a determination is made not to make an award) and by the
general public after an award is made. The City will post all notices of award to the Procurement Website.
12. WITHDRAWAL OF BIDS: A bidder may withdraw its 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 can be clearly shown by
objective evidence drawn from inspection of original working papers, documents and materials used in the preparation of
the bid sought to be withdrawn. The following procedure as stated in Section 18.1-11 of the Lynchburg Procurement Code
shall be used to request withdrawal of a bid:
a. To withdraw a bid after bid opening due to error, a bidder must satisfy the substantive requirements of Va. Code 2.2-
4330. In addition, the following procedures shall apply:
1. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the
conclusion of the bid opening procedure and shall submit original work papers with such notice.
2. The mistake may be proved only from the original work papers, documents and materials
delivered as required herein.
b. This section shall be deemed to be incorporated automatically into all invitations to bid issued by the city pursuant to
the Lynchburg public procurement code. Nonetheless, the city manager or his designee(s) should ensure that this
section is set out in all invitations to bid.
If a bid is withdrawn under the authority of this section and the solicitation is not cancelled, the lowest responsive and
responsible remaining bid shall be deemed to be the low bid. No bidder who is permitted to withdraw a bid shall, for
compensation, supply any materials or labor to or perform any contract 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.
13. ERRORS IN BID: When an error is made in extending the total prices, the unit bid price will govern. Erasures in bids must be
initialed by the bidder. Carelessness in quoting prices or in preparation of the bid otherwise will not relieve the bidder.
Bidders are cautioned to recheck their bids for possible errors. Errors discovered after public opening cannot be corrected,
and the bidder will be required to perform if his bid is accepted, unless the bidder successfully withdraws its bid in
accordance with paragraph 12, Withdrawal of Bids.
14. BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid is offered by any one person, by or in the name of their
clerk, partner, firm, or corporation, all such bids may be rejected. A contractor who has quoted prices on work or supplies
to a bidder is not thereby disqualified from quoting prices to other bidders or firms submitting a bid directly for the work,
material or supplies.
15. TAX EXEMPTION: The City of Lynchburg is exempt from payment of Federal Excise Tax and State and Local Sales and Use
Tax on all tangible personal property purchased or leased by the City for its use or consumption. Tax exemption
certification will be furnished upon request. Sales tax, however, is paid by the City on materials and supplies that are
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installed by a contractor and become a part of real property. Contractors are not exempt from paying taxes on these
categories, as they are considered to be a cost of doing business and should be considered in pricing when preparing a bid.
16. PROPRIETARY INFORMATION: Section 2.2-4342-F of the Code of Virginia states: "Trade secrets or proprietary information
submitted by a bidder, offeror, or contractor in connection with a procurement transaction or prequalification application
submitted pursuant to subsection B of 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (2.2-3700 et
seq.); however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to or upon submission
of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why
protection is necessary." Bids not in compliance with section 2.2-4342F will be subject to disclosure.
17. GOVERNING LAW: Any contract resulting from this Invitation for Bid shall be governed by the provisions hereof and by the
laws of the Commonwealth of Virginia. Any dispute arising out of this Contract shall be resolved in the Courts of the
Commonwealth of Virginia, in and for the City of Lynchburg.
AWARD
18. AWARD DECISION: Before the Contract is awarded, the bidder submitting the lowest responsive bid must satisfy the City
that it has the requisite organization, capital, equipment, ability, resources, personnel, management, business integrity, and
experience in the type municipal work for which it has submitted a bid. The bidder shall verify to the City that it has the
sufficient and qualified personnel to provide for the Contract Work. Failure by the lowest responsive bidder to sufficiently
satisfy the City of its ability to meet any of the above requirements may serve as grounds for rejection of the bid.
The Owner reserves the right to cancel the Advertisement for Bids, reject any and all bids, waive any and all informalities,
and disregard all conforming, nonconforming, conditional bids or counterproposals.
19. FACTORS OTHER THAN PRICE IN AWARD DECISION: The following factors in addition to price (as they apply) shall be a
consideration in the award decision:
a. The ability to provide references which may substantiate past work performance and experience in the type of work
required for the contract. The lowest responsive bidder(s) may be required to furnish a contractor qualifications
statement, to include references, prior to any such award. The City may contact all references furnished by bidders. The
right is further reserved by the City to contact references other than, and/or in addition to, those furnished by the bidder.
If, in the sole opinion of the City, a bidder is determined to be non-responsible as a result of any investigation conducted
by or for the City, award will not be made to that bidder.
b. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services.
c. Whether the bidder is in arrears on a debt or contract or is in default on a security to the City or whether the bidder's
county taxes or assessments are delinquent.
d. The quality of performance/workmanship of previous contracts for goods and/or services delivered to or performed for
the City.
e. The timely completion of previous contracts for services or the timely delivery of past orders for goods.
f. The sufficiency of financial resources and its impact on ability of the bidder to perform the contract or provide the
services.
g. The City reserves the right, at its option, to conduct on-site inspections of any bidder's facilities prior to award. The
results of any such inspection will be considered by the City in determining bidder's capabilities of successfully
administering the contract.
h. The ability and availability of the bidder to provide both quality and timely maintenance, service, and/or parts.
i. The resale value, life cycle costing and value analysis of a product.
j. The availability and capability of local and regional vendor support as it affects the quantity, quality, and timeliness of
the goods and/or services.
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k. Timely delivery of goods or timely completion of services as stated by bidder.
l. Substantial compliance or noncompliance with specifications set forth in bid as determined by the City.
m. Inventory capability as it relates to a particular bid.
n. Results of product testing.
o. Such other information as may be secured by the Procurement Manager having a bearing on the decision to award the
contract.
20. AVAILABLE FUNDS: If the bid from the lowest responsible, responsive bidder exceeds available funding, pursuant to Section
18.1-9 of the Lynchburg Public Procurement Code, the Owner may negotiate with the apparent low bidder to obtain a
contract price within available funds.
21. NOTICE OF AWARD/CONTRACT DOCUMENTS: A Notice of Award will be posted to the City's Procurement website within
the time for acceptance specified in the solicitation shall be deemed to result in a contract binding on the bidder. To the
extent they are included in or incorporated by the solicitation, the following documents are hereby incorporated in and
shall form a part of the resulting contract:
a. City Solicitation Form/Award Notice and other documents which may be incorporated by reference, if applicable.
b. General Conditions and Instructions to Bidders.
c. Special Provisions.
d. Pricing Schedule.
e. Any Addenda/Amendments.
f. Purchase Order.
22. TIE BIDS: In the case of a tie bid, the City may give preference to goods, services, and construction produced in the City or
provided by persons, firms or corporations having principal places of business in the City. If such choice is not available,
preference shall then be given to goods and services produced in the Commonwealth pursuant to Section 2.2-4324 of the
Code of Virginia. If no City or Commonwealth choice is available, the tie shall be decided by lot.
23. PROMPT PAYMENT DISCOUNT: If discounts for prompt payment are offered by the bidder, it is required that a minimum of
twenty (20) days be allowed for payment. Discounts for prompt payment will not be considered in the evaluation of bids.
Discounts for prompt payment will be shown on the purchase order/contract and taken if invoices are processed and
payment made within the stipulated time frame. If discounts are not offered, payment shall be made thirty (30) days after
receipt of an approved invoice by the City.
24. INSPECTION-ACCEPTANCE: The goods and/or services delivered as a result of this bid shall remain the property of the seller
until a physical inspection is made, and thereafter accepted to the satisfaction of the City. In the event the goods and/or
services supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to
cancel the order upon notice (verbal or in writing) to the seller and return goods to seller at the seller's expense.
25. DEFINITE BID QUANTITIES: Subject to the City's right to termination for convenience, where quantities are specifically
stated, acceptance will bind the City to order quantities specified and to pay for, at contract prices, all such supplies or
services delivered that meet specifications and conditions of the contract. However, the City will not be required to accept
delivery of any balances unordered, as of the contract expiration date, unless the Contractor furnished the Procurement
Manager with a statement of unordered balances not later than ten (10) days after the termination date of the contract.
26. REQUIREMENTS BID QUANTITIES: On "Requirement" bids, acceptance will bind the City to pay for, at unit bid prices, only
quantities ordered and delivered.
a. Whenever a bid is sought seeking a source of supply for a requirements contract for goods and/or services, the
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quantities or usage shown are estimates only. No guarantee or warranty is given or implied by the City as to any
minimum or total amount that may or may not be purchased from any resulting contracts.
b. The City reserves the right, at its sole option, to renew the contract for consecutive terms.
c. The City reserves the right to award bids for requirements contracts based on the pricing of the initial term of the
contract or any combination of initial and renewal terms.
d. The City may award a bid to a single contractor or to multiple contractors.
e. The City reserves the right not to renew the contract at the end of the initial term or any subsequent term.
f. The City reserves the right to terminate the contract upon written notice to the contractor(s).
g. In the event that a requirements contract is awarded for goods and/or services, the City reserves the right to bid
individual purchases if the City deems it will best serve their interest.
h. It is understood and agreed to between the parties in a resulting contract that the City shall not be obligated to
purchase or pay for materials under such contract unless and until they are ordered and delivered.
i. Bids based on a firm price or those including a "downward escalator" clause for a requirements contract term may be
given preference over lower ones bearing an "escalator" clause.
j. The City has the right to extend this contract up to and not to exceed one hundred eighty (180) days following any term
of the contract.
CONTRACT PROVISIONS
28. TERMINATION OF CONTRACTS: Contracts will remain in force for full periods specified and/or until all articles ordered
before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and
conditions shall have been met unless:
a. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or upon termination by
the City for convenience or cause, or upon termination by Contractor for material breach by the City.
b. Extended upon written authorization of the Procurement Manager and accepted by Contractor, to permit ordering of
unordered balances or additional quantities at contract prices and in accordance with contract terms.
29. TERMINATION FOR CONVENIENCE: A contract may be terminated by the City in accordance with this clause in whole or in
part whenever the Procurement Manager shall determine that such a termination is in the best interests of the City. Any
such termination shall be effected by delivery to the Contractor at least (5) working days prior to the termination date of a
Notice of Termination specifying the extent to which performance shall be terminated and date upon which such
termination becomes effective. An adjustment in the contract price shall be made to compensate the contractor for his/her
actual costs incurred in performance prior to termination that, as determined in the City's discretion, are reasonable,
allocable, and allowable, plus a reasonable amount of profit on such costs. In no event shall the City be liable to the
contractor for anticipated profits for unperformed work or undelivered goods or for any consequential, special, incidental,
or punitive damages of any kind. In no event shall the City be liable for any amount over the contract price.
30. TERMINATION OF CONTRACT FOR CAUSE:
a. The City may, by written notice of termination to the Contractor specifying a termination date at least five days
thereafter, terminate this contract for cause in whole or in part if the Contractor (1) fails to deliver the goods or
perform the services this contract requires within the time this contract specifies, or (2) fails to perform any of its other
obligations under this contract or violates any provision of this contract.
b. If this contract is terminated for cause, the Procurement Manager may require the Contractor to transfer title and
deliver to the City, as directed by the Procurement Manager, any completed or partially completed goods and
documents, data, studies, surveys, drawings, maps, models and reports ("deliverables") prepared by the Contractor
under the contract. The City shall pay the contract price for such completed goods and deliverables. The Contractor
and Procurement Manager shall agree on the amount of payment for partially-completed goods and deliverables the
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City requires the Contractor to transfer and deliver to it. If the parties fail to agree, then the Contractor may present a
claim to the City for its reasonable costs for the partially-completed goods and deliverables. Costs recoverable shall be
limited to those that, as determined in the City's discretion, are reasonable, allocable, and allowable. Such costs in no
event shall exceed the contract price for the goods and deliverables if completed.
c. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of contract by the Contractor for the purpose of setoff until such time as the exact amount
of damages due to the City from the Contractor is determined.
d. If the City terminates this contract for cause when cause, in fact, does not exist, then the termination shall for all
purposes be deemed a termination for convenience under this contract, and the termination for convenience clause
shall apply for all purposes.
e. If Contractor properly terminates this contract for material breach by the City, Contractor's damages shall be limited to
the amounts recoverable by Contractor for a termination for convenience.
31. CONTRACT MODIFICATIONS: No modifications in the terms of a contract shall be valid or binding upon the City unless made
in writing, signed, and duly authorized by the City.
32. FUNDING: The continuation of the terms, conditions, and provisions of any resulting contract beyond June 30 of any year,
the end of the City's fiscal year, are subject to approval and ratification by Lynchburg City Council and appropriation by
them of the necessary money to fund said contract for each succeeding year.
33. NEW GOODS, FRESH STOCK: Unless otherwise specifically stated, the Contractor shall provide new rather than used goods,
fresh stock, and the latest model, version, design or pack of any item specified.
34. NON-DISCRIMINATION: During the performance of this contract the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color,
sex, national origin, age, disability or other basis prohibited by state law relating to discrimination in employment
except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the
Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state
that such Contractor is an Equal Opportunity Employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed
sufficient for the purpose of meeting the requirements of this section.
d. The Contractor will include the provisions of the foregoing paragraphs a, b, and c above in every subcontract or
purchase order of over ten thousand dollars so that the provisions will be binding upon each subcontractor or vendor.
35. 2.2-4311.4. PROCUREMENT OF IMPORTED GOODS; FORCED AND INDENTURED CHILD LABOR PROHIBITION:
a. For the purposes of this section, "forced or indentured child labor" means all work or service (i) exacted from any
person younger than 18 years of age under the menace of any penalty for the nonperformance of such work or service
and for which such person does not offer himself voluntarily or (ii) performed by any person younger than 18 years of
age pursuant to a contract the enforcement of which can be accomplished by process or penalties.
b. A public body that enters into a public contract for goods or services that exceeds $10,000 shall include in such a public
contract provisions (i) prohibiting the use of forced or indentured child labor in the performance of the contract and (ii)
requiring that the contractor include such prohibition in every subcontract or purchase order that exceeds $10,000, so
that the prohibition will be binding upon each subcontractor or vendor.
36. DRUG FREE WORKPLACE: Section 2.2-4312 Code of Virginia. 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
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this chapter, 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.
During the performance of this contract, the contractor agrees to:
a. Provide a drug-free workplace for the contractor's employees
b. 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
c. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor
maintains a drug-free workplace
d. Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the
provisions will be binding upon each subcontractor or vendor
37. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES: It is the policy of the City to undertake every effort to increase
opportunity for utilization of small, minority-owned, and women-owned businesses in all aspects of procurement to the
maximum extent feasible.
a. In connection with the performance of this contract, the Contractor agrees to use his/her best effort to carry out this
policy and ensure that Small, minority-owned, and women-owned businesses shall have the maximum practicable
opportunity to compete for subcontract work under this contract consistent with the efficient performance of this
contract.
b. As used in this contract, the term "Small Business" is defined as a business, 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 annual gross receipts of $10 million or less averaged over the previous three years. One or
more of the individual owners shall control both the management and daily business operations of the small business.
(Code of Virginia 2.2-4310)
c. As used in this contract, the term "Minority-Owned Business" is defined as a business that is at least 51% owned by one
or more minority individuals 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% of the equity ownership interest in the corporation, partnership,
or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal
resident aliens, and both the management and daily business operations are controlled by one or more minority
individuals. (Code of Virginia 2.2-4310)
d. As used in this contract, the term "Woman-Owned Business" is defined as a business that is at least 51% 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% of the equity ownership interest is owned by one or more women who are
U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or
more women. (Code of Virginia 2.2-4310)
e. Where federal grants or monies are involved, it is the policy of the City through its agents and employees to comply
with the requirements set forth - Standards Governing State and Local Grantee Procurement - of the U.S. Office of
Management and Budget Circular N. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local
Governments, as they pertain to small and minority business utilization.
38. GUARANTEES & WARRANTIES: Unless otherwise specifically indicated in the solicitation, by entering into the contract, the
Contractor itself warrants and guarantees all goods and services furnished (1) in accordance with the General Guaranty and
Service Contract Guaranty paragraphs herein, and (2) in accordance with the provisions of the Uniform Commercial Code.
In addition, the Contractor shall properly transfer to the City all standard warranties given by the manufacturer(s) of any
goods furnished. The Contractor shall deliver all manufacturers' warranties to the Procurement Manager before final
payment on the contract.
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