01 Bid Invitation and Sec A-D.pdf

COUNTY OF SPOTSYLVANIA

INVITATION FOR BID (IFB) 24-33-SD

FOR

ROUTE 1 SEWER REPLACEMENT

Friday, January 19, 2024

NAME OF SOLICITING PUBLIC BODY

COUNTY OF SPOTSYLVANIA, PROCUREMENT DIVISION

P.O. BOX 215, 8800 COURTHOUSE ROAD, 2ND FLOOR ROOM 414

SPOTSYLVANIA, VA 22553

BID DUE DATE AND

TIME:

BIDS SHALL BE

MAILED OR HAND

DELIVERED TO:

Sealed Bids will be received until Thursday, February 29, 2024 at 2:00 PM for Construction Services described herein. No late bids will be accepted. Please check for updates prior to submitting a Bid to ensure timely delivery to the Procurement Department and refer to Attachment A of this Solicitation for information to Bidders and specific Bid drop off procedures.

Spotsylvania County Procurement Division, P.O. Box 215, Spotsylvania, VA 22553 or hand delivered to 8800 Courthouse Road, 2nd Floor Room 414, Spotsylvania, VA 22553

PRE-BID

CONFERENCE:

☐Mandatory ☒Non-Mandatory

Date: Wednesday, February 7, 2024 Time: 2:00 PM EST

For in-person attendance:

Utilities Conference Room at 600 Hudgins Road, Fredericksburg, VA 22048

WebEx Information for virtual attendance:

WebEx Link: https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m7344abc9071a2b0467939394e10fee86 Meeting Number: 2346 074 3149 Meeting Password: ZysNxAJM995

SITE VISIT:

No Site Visit Scheduled.

PUBLIC BID-

OPENING:

Date: Thursday, February 29, 2024 Time: 2:00 PM Same location as Bid Drop-Off (See Attachment A)

QUESTIONS DUE

DATE AND TIME:

Questions and Inquiries from Bidders must be received by the Spotsylvania County Procurement Division by Monday, February 19, 2024 at noon.

Questions must be emailed to, Sylvia Dyson, Sr. Procurement Officer at sdyson@spotsylvania.va.us.

https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m7344abc9071a2b0467939394e10fee86 https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m7344abc9071a2b0467939394e10fee86 https://spotsylvania-county.webex.com/spotsylvania-county/j.php?MTID=m7344abc9071a2b0467939394e10fee86 mailto:sdyson@spotsylvania.va.us

IFB #24-33-SD

Route 1 Sewer Replacement

The County is not responsible for verbal clarification of information provided by parties other than staff of the Procurement Division.

All updates are posted on the Spotsylvania County website at https://www.spotsylvania.va.us/374/Solicitations and www.eva.virginia.gov.

It is the responsibility of the Bidder to check for additional updates prior to submission of bid.

[Remainder of Page Intentionally Left Blank.] https://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/

IFB #24-33-SD

TABLE OF CONTENTS

SECTION A INFORMATION TO BIDDERS

SECTION B BID FORMS

SECTION C OWNER-CONTRACTOR AGREEMENT

SECTION D GENERAL CONDITIONS

ATTACHMENT A INFORMATION FOR BIDDERS

ATTACHMENT B VENDOR AUTHORIZATION FORM

ATTACHMENT C TECHNICAL SPECIFICATIONS

ATTACHMENT D APPROVED SITE PLAN

ATTACHMENT E CONSTRUCTION ENTRANCE SITE DISTANCE PLAN

ATTACHMENT F VWP PERMIT 22-2870

ATTACHMENT G NWP58 VERIFICATION LETTER

ATTACHMENT H BILL OF WETLAND CREDIT SALE

IFB Number: 24-33-SD Section A Route 1 Sewer Replacement A-1

SECTION A - INFORMATION TO BIDDERS

PART I - GENERAL

1.01 SUBMISSION OF BIDS AND BID OPENING

A. Bids will be received by the Spotsylvania County Procurement Division and will be opened and read aloud at the time and place set forth in the Invitation for Bid. Bidders, or their representatives, and other interested persons may be present at the opening of Bids.

B. The envelope containing one (1) original copy of the complete Bid must be sealed and addressed to the Spotsylvania County Procurement Division with the Bidders name, IFB number and project title clearly marked on the outside.

C. The Bidder shall assume full responsibility for timely submission of the Bid.

1.02 BIDDING DOCUMENTS

A. Bidding Documents shall include the:

1. Invitation for Bid,

2. Section A - Information for Bidders,

3. Section B – Bid Form with all required attachments,

4. Section C – Owner-Contractor Agreement, and

5. the Contract Documents as defined in Section D – General Conditions, including any

Addenda issued prior to receipt of Bids.

All requirements and obligations of the Bidding Documents are hereby incorporated by reference into the Contract Documents and are binding on the successful Bidder upon award of the Contract.

B. Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the

County nor the Engineer will assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

C. The County in making copies of the Bid Documents available does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

1.03 DEFINITIONS

A. THE BID:

A Bid is a complete and properly signed Bid to do the work for the sum stipulated therein, submitted in accordance with the Bidding Documents.

B. BASE BID:

Route 1 Sewer Replacement A-2

The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which work may be added or from which work may be deleted for sums stated in Additive Bids, if any.

C. ADDITIVE BID:

An Additive Bid (or Additive) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted.

1.04 QUALIFICATION OF BIDDER

A. The successful Bidder shall perform at least that percentage of the Work specified in Article 7 of the Owner-Contractor Agreement with forces that are in the direct employment of the Contractor’s organization. If requested by the County, prior to the signing of the Contract, the successful Bidder shall submit a statement of work to be performed by his/her own forces.

B. Prior to Contract award or within seven (7) days of the County's request to do so, the successful Bidder shall be prepared to demonstrate that his/her present organization, direct labor force and prior work experience is of adequate size and development to maintain responsible control of the project and to schedule, coordinate and perform the work in an expeditious manner and in accordance with the Contract Documents.

C. Bidders, whether residents or nonresidents of Virginia, will be required to show evidence of a certificate or registration as required by Chapter 7 of Title 54 of the Code of Virginia before their Bids will be considered. If a Bid is $120,000 or more, or if the Contractor's annual volume is $750,000 or more, the Contractor must be licensed as a "Class A Contractor." If a Bid is $7,500 or more but less than $120,000, the Contractor must be licensed as at least a "Class B Contractor". If a Bid is $1,000 or more but less than $7,500, the Contractor must be licensed as at least a "Class C Contractor". Regardless of price, and Contractor doing work within the Virginia Department of Transportation (VDOT) right of way or on any water and sewer project must be licensed as a "Class A Contractor with a Heavy Highway Endorsement." The Bidder shall include a copy of their license with the Bid, and provide one of the following notations, as applicable:

☐ "Licensed Class A Virginia Contractor No. ."

☐ "Licensed Class B Virginia Contractor No. ."

☐ "Licensed Class C Virginia Contractor No. ."

☐ "Contract is less than $1,000 therefore licensure is not required."

☐ "Licensed Class A with Heavy Highway Endorsement Virginia Contractor No. ."

D. The County will consider, in determining the qualifications of a Bidder, his/her record in the performance of any Contracts for the construction work into which he/she may have entered with the County or with such public bodies or corporations. The County

Route 1 Sewer Replacement A-3 expressly reserves the right to reject the Bid of any Bidder if such record discloses that such Bidder, in the opinion of the County, has not properly performed such contracts; or has habitually and without just cause neglected the payment of bills; or has otherwise disregarded his/her obligations to Subcontractors, material men, suppliers or employees;

or has had, in the sole and exclusive judgment of County, a poor safety record from prior projects performed within or outside of the County.

E. The County may make such investigation as he/she deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the County all such information and data for his/her purpose as he/she may request. The County reserves the right to reject any Bid if the evidence submitted by, or investigation of such Bidder, fails to satisfy the County that such Bidder is a responsive and responsible Bidder in accordance with the criteria set forth herein. Conditional Bids will not be accepted.

1.05 BIDDER REPRESENTATIONS

Each Bidder by submitting his/her Bid represents that:

A. Bidder has read and understands the Bidding Documents and his/her Bid is made in accordance therewith; and Bidder agrees to be bound by the terms and requirements set forth in the Bidding and Contract Documents;

B. Bidder has visited the site, has familiarized himself with the 1ocal conditions under which the Work is to be performed in accordance with Article 1.08 of the Information for Bidders and has correlated his/her observations with the requirements of the proposed Contract Documents;

C. The Bid is based upon the materials, systems and equipment required by the Bidding Documents without exception; and

D. Bidder has the capability, in all respects, and the moral and business integrity, reliability, technical ability, financial resources, plant, management, superintendence, equipment and materials which will assure effective and efficient good faith performance in full compliance with the Contract Documents and with any and all schedules and Milestone and Completion dates required by the County. The Bidder acknowledges and represents that he/she has made allowances for normal inclement weather indigenous to the Project Site, in his/her estimating, planning, and scheduling of the Work. The Bidder further acknowledges that the Contract Documents are, in his/her opinion, appropriate and adequate for completing this project and for the construction of sound and suitable work.

The Bidder hereby certifies that the work shall be completed, in place, in full accordance with the Contract Documents, within the time limits specified.

1.06 BID SECURITY

A. Each Bid over $100,000 must be accompanied by (1) Letter of Credit; or (2) a Cashier’s Check or a Certified Check from the Bidder in an amount not less than five percent (5%) of the Bid, made payable to the County of Spotsylvania; or (3) a Bidder’s Bond on the Bid Bond Form provided herein or on a similar form which in every respect materially complies with said Bid Bond Form, in the amount of five percent (5%) of his/her Bid.

The Bidder’s Bond shall be issued by a surety company licensed to conduct business in Virginia and acceptable to the County.

Route 1 Sewer Replacement A-4

B. Said Bid security is given as a guarantee that the Bidder will enter into a Contract if awarded the work and, in the case of refusal or failure to so enter into said Contract, the security shall be declared forfeited to the County. If no Contract has been awarded or the Bidder has not been notified of the acceptance of his/her Bid, within one hundred eighty

(180) days of the Bid opening, the Bidder may withdraw his/her Bid and request the return of his/her Bid security. If, at the County's request, the Bidder agrees to extend and maintain his/her Bid beyond the specified one hundred eighty (180) days, his/her Bid security will not be returned.

1.07 LIQUIDATED DAMAGES

A. The successful Bidder, upon his/her failure or refusal to execute the Contract within ten

(10) days after he/she has received notice of the acceptance of his/her Bid, shall forfeit to the County the security deposited with his/her Bid, as liquidated damages for such failure or refusal.

1.08 SITE CONDITIONS AND CONDITIONS OF WORK

A. Bidders shall visit the site and inspect the areas where improvements are proposed prior to submission of his/her bid. See Invitation to Bid for site visit details.

B. Each Bidder shall acquaint himself thoroughly as to the character and nature of the work to be done. Each Bidder furthermore shall make a careful examination of the site of the work and inform himself fully as to the difficulties to be encountered in the performance of the work, the facilities for delivering; storing and placing materials and equipment, and other conditions relating to construction and labor.

C. No plea of ignorance of conditions that exist prior to submission of bids, or may hereafter exist on the site of the work subsequent to the Notice to Proceed, or difficulties that may be encountered in the execution of the work, as a result of failure to make necessary investigations and examinations, will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill in every detail all the requirements of the Contract Documents and to complete the work for the consideration set forth therein, or as a basis for any claim whatsoever.

D. Insofar as possible or as required by the Contract Documents, the successful Bidder, in carrying out his/her work, must employ such methods or means as will not cause interruption of or interference with the work of the County or any separate contractor.

1.09 BIDDERS' QUESTIONS, ADDENDA AND INTERPRETATIONS

A. Bidders and sub-bidders shall promptly notify the County of any ambiguity, inconsistency or error that they may discover upon examination of the solicitation and Contract Documents or of the site and local conditions. No interpretation of the meaning of the contract documents will be made to any Bidder orally.

B. Every request for such interpretation should be in writing, see Invitation to Bid for details.

Route 1 Sewer Replacement A-5

C. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the Bidding Documents which, if issued, will be available on the Spotsylvania County Website http://www.spotsylvania.va.us/374/Solicitations, and eVA (www.eva.virginia.gov). The County will not be responsible for any other explanations or interpretations of the proposed documents. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve any Bidder from any obligation under his/her Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

D. If the Bidder (or sub-bidder, any person bidding to Bidder and/or subsequently in contract with the Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bidding or Contract Documents, said Bidder (or sub-bidder) has an obligation to seek a clarification thereof from the County prior to Bid. The County will welcome such a clarification request, and, if deemed necessary by the County, the County will issue a written Addendum clarifying the matter in question. Should the Bidder fail to seek such a clarification prior to Bid, Bidder thereby waives, and agrees to indemnify and hold the County and Engineer harmless from, any claim, suit or cause of action arising out of or related to such ambiguity, discrepancy, error, omission or conflicting statement which the Bidder (and any person bidding to Bidder and/or subsequently in contract with Bidder, relating to the subject project) knew or should have known existed at the time of Bid.

E. Each Bidder shall ascertain prior to submitting his/her Bid that he/she has received all

Addenda issued, and he/she shall acknowledge receipt and inclusion in his/her Bid of all Addenda.

1.10 SECURITY FOR FAITHFUL PERFORMANCE

The successful Bidder shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Contract, and also a Labor and Material Payment Bond in an amount not less than one hundred percent (100%) of the Contract Sum, as security for the payment of all persons performing labor and furnishing materials under this Contract. The Performance Bond and the Labor and Material Payment Bond shall be in separate instruments acceptable to the County, in accordance with State law and shall be delivered to the County not later than the date of execution of the Contract. The surety shall be such surety company or companies that are acceptable to the County and that are authorized to transact business in the Commonwealth of Virginia.

1.11 TIME FOR COMPLETION, LIQUIDATED DAMAGES FOR NONCOMPLETION

A. The time for completion of this Contract shall be as fixed in Article 4 of Section C - Owner-Contractor Agreement. Liquidated damages shall be as fixed in the Article 4 of Section C - Owner-Contractor Agreement.

B. It is the intent of the County to execute a Contract with the successful Bidder within one hundred eighty (180) days after receiving Bids.

1.12 LOCATION OF WORK

A. The site of the proposed work is on County owned property, public streets, easements and/or other right of ways, as shown on the drawings.

http://www.spotsylvania.va.us/374/Solicitations http://www.eva.virginia.gov/

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1.13 LIABILITY INSURANCE AND WORKMEN'S COMPENSATION

A. The successful Bidder will be required to carry public liability and workmen's compensation and other insurance in the amount and under the terms stipulated in the General Conditions.

1.14 BIDDERS REFERRED TO LAWS

A. The attention of Bidders is called to the provisions of all County, State, and Federal laws, regulations, ordinances and resolutions, including but not limited to laws, regulations, ordinances, resolutions and permits relating to obstructing streets, maintaining signals, storing and handling of explosives, or affecting the Bidder, or his/her employees or his/her work hereunder in his/her relation to the County or any other person. The Bidder shall obey all such laws, regulations, ordinances, permits or resolutions controlling or limiting Contractors while engaged in the prosecution of work under this Contractor.

B. The provisions of this contract shall be interpreted in accordance with the laws of

Virginia and in accordance with the laws, ordinances, regulations, permits and resolutions of Spotsylvania County.

1.15 TAXES

Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during performance of the Work. Said taxes shall not be an addition to the Contract Price between Owner and Contractor, as the taxes shall be an obligation of Contractor and not of Owner, and Contractor shall hold Owner harmless from same.

1.16 RIGHT TO REJECT BIDS

A. The County expressly reserves the right to reject any or all Bids, to waive any informalities in the Bids received, and to accept that Bid which, in its judgment, best serves the interest of the County.

1.17 EQUAL PRODUCTS

A. Unless otherwise provided in the Contract Documents, the naming of a certain brand, make or manufacturer or article, device, product, material, fixture, form or type construction by name, make or catalog number, shall convey the general style, type, character and standard of quality of the article desired and shall not be construed as limiting competition. Any Bidder, in such cases, may, with County approval, use any article, device, product, material, fixture, form or type of construction which in the judgement of the A/E/CM, as defined in the Owner-Contractor Agreement, and County is equal to that specified considering quality, workmanship, economy of operation, suitability for the purpose intended, and acceptability for use on the project. Approval by the County prior to bid opening will be in the form of an Addendum to the Specifications issued to all prospective Bidders indicating that the additional makes or brands are equivalent to those specified.

B. Equal Products Prior to Bid Opening:

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1. To obtain such approval of makes or brands of materials other than those specified in

Contract Documents, the Bidder shall submit one (1) complete copies of his/her request with adequate supporting technical data, as required below, to the County not less than fourteen (14) days before the bid opening;

2. The Bidder's request for approval of any equal product shall include:

a. Itemized comparison of proposed equal product with product or method specified;

b. Product identification, including manufacturer's name, address and phone number,

c. Manufacturer's literature showing complete product description, performance and test data, and all reference standards,

d. Samples and colors in the case of articles or products,

e. Name and address of similar projects on which the product was used and date of installation,

f. For construction methods, include a detailed description for proposed method and drawings illustrating same,

g. Documentation sealed by a Professional Architect or Engineer in the Commonwealth of Virginia indicating that the equal submitted for substitution meets all original specifications and that no additional design changes are required to incorporate the substitution.

3. The Bidder's request for approval, prior to Bid, shall also include form, entitled

“Bidder's Request for Equal Product and Bidder's Representations”. If approved by an Addendum, said form shall be submitted by the Bidder (and all other Bidders that desire to use the product or substitution) with the Bid Form, at the time of bid.

C. A change in brand or make from the originally specified item or product may also be considered if satisfactory written evidence that the original manufacturer cannot make scheduled delivery of the approved items is presented to the A/E/CM and approved by the County.

D. The decision of the County regarding the approval of items as equal products will be final.

1.18 PREPARATION AND SUBMITTAL OF BID FORM:

A. Bids shall be submitted utilizing the Section B – Bid Form as found herein, or otherwise provided with the Contract Documents, and shall be complete in every respect. The total Bid price shall be entered in figures in the space provided. Where applicable, the unit price or lump sum items, and their extensions shall be entered in figures in the respective columns provided for each Bid item. All entries shall be typewritten or printed in ink.

The signatures of all persons shall be in longhand. Any entry of amount that appears on

Route 1 Sewer Replacement A-8 the face of the Bid to have involved an erasure, deletion, whiteout and/or substitution or other such change or alteration shall show by them the initials of the person signing the Bid and the date of the change or alteration. A failure to comply with this requirement may be cause for disqualification of the Bid.

B. For Unit Price Bids, in the event of any discrepancies between the unit prices and the extensions thereof or the total bid price, the unit price shall govern.

C. Bids shall not contain any restatement or qualifications of work to be done and alternate Bids will not be considered unless called for. No oral, telegraphic or telephonic Bids or modifications will be considered.

D. Bids shall be submitted to the County on or before the day and hour set for the receipt of

Bids.

1.19 MODIFICATION OR WITHDRAWAL OF BID

A. Clerical Mistake. A Bidder may withdraw his/her 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 work papers, documents and materials used in the preparation of the Bid sought to be withdrawn.

B. Clerical and Judgement Mistake. If a Bid contains both clerical and judgment mistakes, a

Bidder may withdraw his/her Bid from consideration if the bid price would have been substantially lower than the other Bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a Bid that shall 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.

C. Notice. The Bidder shall give notice in writing of his/her claim of right to withdraw his/her Bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

D. No Bid shall 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 percent (5%).

E. 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.

F. Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn by notice to the Procurement Office. Such notice shall be in writing over the signature of the Bidder and shall be emailed, or mailed and postmarked

Route 1 Sewer Replacement A-9 on or before the date and time set for receipt of Bids, and it shall be so worded as not to reveal the amount of the original Bid.

1.20 DETAILED BID BREAKDOWN

The low Bidder on lump sum contracts shall, if requested by County, provide the County a detailed breakdown of his/her Bid, broken down by major areas of work and/or by specification section, within three (3) working days of the request. In addition to verifying accounting requirements, the breakdown may be used by the County to determine whether the Bidder has grossly misjudged the requirements of any area. Failure to provide the requested detailed breakdown may result in rejection of the Bid.

1.21 SAFETY

A. It shall be required that each Bid submitted to the County for a contract for construction, alteration, and/or repairs, including painting or decorating of a building, highway, street, bridge, sidewalk, culvert, sewer, excavation, grading, or any other construction, include a list of all the following actions which have become final in the three (3) years prior to the bid submission:

1. Willful violations, violations for failure to abate, or repeated violations, for which the bidder was cited by (a) the United States Occupational Safety and Health Administration; (b) the Virginia Occupational Safety and Health Administration; or

(c) the occupational safety and health plan for any other public jurisdiction; or

2. Three (3) or more serious construction safety violations for which the bidder was cited by the (a) United States Occupational Safety and Health Administration; or (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan from any other public jurisdiction.

3. Termination of a contract between the contractor and any public entity by their purchasing agent or his/her designee for safety violations.

B. If the bidder has not received or been the subject of any such violations referenced in paragraph A in the three (3) years prior to the bid submission, then the bidder shall so indicate on the Bid Form entitled “Certification of Safety Violations.” The bidder will also indicate on this form each state in which work was performed in the three (3) years prior to the bid submission.

C. No bidder or contractor may bid on a County construction contract who has been the subject of any citations for the type and number of violations listed in aforementioned paragraph A, which have become final within the three (3) years prior to the bid submission.

1. Notwithstanding the language of paragraph C, above, any bidder or contractor who has been the subject of a violation, as described in paragraph A.1, which has become final in the three (3) years prior to the bid submission, may bid, if the bidder or contractor meets the eligibility criteria set forth in paragraph E, below.

2. Notwithstanding the language of paragraph C, above, any bidder or contractor who has been the subject of the type and number of violations as described in paragraph

Route 1 Sewer Replacement A-10

A.2, which have become final within three (3) years prior to bid submission, may bid, if the bidder or contractor meets the eligibility criteria in paragraph E, below.

3. Notwithstanding the language of paragraph C, above, any bidder or contractor who has previously been terminated from a public contract, as described in paragraph A.3, within three (3) years prior to the bid submission, may bid, if the bidder or contractor meets the eligibility criteria in paragraph E, below.

D. Prior to bidding on a project, under the provisions of paragraph C above, a contractor may request that a determination be made by the Purchasing Agent, regarding their eligibility to submit a bid on a contract under the terms of this resolution. However, this request for determination and any subsequent adjudication process must be completed prior to submitting a bid on any project and the request for determination must be received by the Purchasing Agent no later than twenty-one (21) days before bids are due unless otherwise stated in the Invitation to Bid. A notice of the bidder’s request for determination of eligibility will be posted publicly for comments by any interested party.

The bidder’s request for determination of eligibility and all supporting documentation provided by the bidder to the County in support of its request shall be open to the inspection of any interested person, firm or corporation in accordance to the requirements of the Virginia Freedom of Information Act.

E. At the request of the Purchasing Agent or designee, the County shall evaluate a contractor's eligibility. Contractors may be subject to a special audit of their safety records as required. The criteria used by the County in evaluating contractor’s eligibility shall include but not be limited to the following:

1. Corrective action taken by a bidder or contractor to prevent the recurrence of safety violations.

2. Days Away From Work Incident Rate for the past three (3) years.

3. Summary of Work-Related Injuries and Illnesses/Incident Rate for the past three (3) years.

4. Worker’s Compensation Experience Modification Rating for the past three (3) years.

5. Fatality record for the past five (5) years.

6. Detailed information regarding the firm’s safety program including but not limited to a

Safety and Health plan and qualifications of the safety personnel.

7. Verification that management staff directly in charge of projects that experienced safety violations listed in aforementioned paragraph A will not be involved in the County project.

8. Incorporation of safety and health related issues into their new employee orientation programs.

9. Incorporation of work safety as a part of an employee's performance evaluation.

10. Support of safety related matters by senior/corporate management. Does the firm

Route 1 Sewer Replacement A-11 have a safety policy statement signed by a member of senior/corporate management?

11. Designation of a full time Safety Manager. Does this person report to a high level, authoritative position within the Company?

12. Frequency and type of safety inspections conducted at work sites.

13. The number and type of safety training programs conducted for employees.

14. Frequency of safety "tailgate meetings" conducted by the firm.

15. Designation of an active safety committee, frequency of their meetings and list of members of the committee.

16. Active membership in a recognized construction safety organization.

F. The determination of eligibility rendered by the Purchasing Agent or his/her designee shall be final unless it is appealed within ten (10) days to the Purchasing Agent in accordance with Article 1.25.

G. It shall be a condition of each County construction contract, as discussed above, that no contractor or subcontractor contracting for any part of the contract work shall require any laborer, mechanic, or other person employed in the performance of the contract to work in surroundings or under working conditions which are hazardous or dangerous to his/her safety, as determined under construction safety standards promulgated by the U.S.

Department of Labor or the Virginia Department of Labor and Industry.

H. The contractor awarded a County construction contract shall certify in writing that they will not knowingly, willfully, or recklessly employ or contract with any person, company, corporation, or any other entity for services pursuant to that contract if such person, company, corporation, or other entity could not have been awarded such contract due to the restrictions in paragraph C, above.

I. The contractor shall also certify in writing that all safety related information provided in accordance with this Article 1.21 is complete, accurate and truthful.

J. The failure to provide information requested pursuant to this Article 1.21 or the failure to conform to the certification requirements of this Article 1.21 shall be grounds for disqualifying a prospective bidder.

K. The County may impose the following sanctions upon a contractor who willfully submits any false or misleading certification or information regarding material facts in connection with submissions pursuant to this Article 1.21, or willfully omits any certification or information regarding material facts. The term willful shall include intentional or reckless acts or omissions.

1. Disqualify the prospective bidder from bidding a contract.

2. Debar the contractor from bidding future contracts for a period not to exceed three years.

Route 1 Sewer Replacement A-12

3. Terminate the contract awarded to the bidder after providing notice and opportunity to be heard.

1.22 AWARD OF CONTRACT

The Contract will be awarded to the lowest responsive and responsible Bidder.

A. The Lowest Bidder shall be determined by the lowest Total Bid Price set forth in the Bid

Form.

B. A responsive Bidder shall mean a Bidder who has submitted a Bid which conforms, in all material respects, to the Bidding Documents.

C. A responsible Bidder shall mean a Bidder who 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. In determining responsibility, the following criteria will be considered:

1. The ability, capacity and skill of the Bidder to perform the contract or provide the service required;

2. Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience and efficiency of the Bidder;

4. The quality of performance of previous contracts or services. For example, the following information will be considered:

a. The administrative and consultant cost overruns incurred by County on previous contracts with Bidder,

b. The Bidder's compliance record with contract general conditions on other projects,

c. The submittal by the Bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects.

d. The Bidder's record for completion of the work within the contract time or within contract milestones and Bidder's compliance with scheduling and coordination requirements on other projects,

e. The Bidder's demonstrated cooperation with the County, its Engineer, and other contractors on previous contracts,

f. Whether the work performed and materials furnished on previous contracts was in accordance with the Contract Documents; and

g. Whether the work performed on other contracts was of high quality.

5. The previous and existing compliance by the Bidder with laws and ordinances relating to contracts or services;

6. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service;

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7. The quality, availability and adaptability of the goods or services to the particular use required;

8. The ability of the Bidder to provide future maintenance and service for the warranty period;

9. The number and scope of the conditions attached to the bid;

10. Whether the Bidder is in arrears to Spotsylvania County on debt or contract or is a defaulter on surety to Spotsylvania County or whether the Bidder's Spotsylvania County taxes or assessments are delinquent; and

11. Such other information as may be secured by the County, having a bearing on the decision to award the contract, to include, but not limited to:

a. The ability, experience and commitment of the Bidder to properly and reasonably plan, schedule, coordinate and execute the Work,

b. Whether the Bidder has ever been debarred from bidding or found ineligible for bidding on any other projects.

D. The purpose of the above is to enable the County, in its opinion, to select the Bid which is in the best interests of the County. The ability of the low Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder.

E. The County reserves the right to require from the Bidder: (1) submissions of references, to include a listing of previous and current projects and (2) financial statements indicating current financial status prepared in accordance with generally accepted accounting principles, by a CPA licensed to do business in Virginia.

F. The County reserves the right to defer award of this Contract for a period of one hundred eight (180) days after the due date of Bids. During this period of time, the Bidder shall guarantee the prices quoted in his/her bid.

1.23 TIE-BIDS

If more than one bid is received for the same total amount and unit price, quality and service being equal, preference shall be given to goods, services and construction produced in Spotsylvania County or Virginia (in that order); or provided by persons, firms or corporations located in Spotsylvania County or Virginia (in that order). Otherwise the tie shall be decided by lot.

1.24 APPEAL OF DETERMINATION OF NONRESPONSIBILITY

A. Any Bidder who, despite being the apparent low Bidder, is determined not to be a responsible bidder, shall be notified in writing by the Purchasing Agent of (i) the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low Bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five (5) business days after receipt of the notice.

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B. Within ten (10) business days after receipt of the notice, the Bidder may submit rebuttal information challenging the evaluation. The Purchasing Agent shall issue its written determination of responsibility based on all information in the possession of the County, including any rebuttal information, within five (5) business days of the date the County received the rebuttal information. At the same time, the Purchasing Agent shall notify, with return receipt requested, the Bidder in writing of its determination. The determination of nonresponsibility shall be final unless the Bidder appeals the decision within ten days after receipt of the determination.

C. If, upon appeal to the County Administrator, it is determined that the decision of the

Purchasing Agent, was arbitrary or capricious, or otherwise in error and the award for the particular County contract in question has not been made, the sole relief available to the Bidder shall be a finding that the bidder is a responsible Bidder for the County contract in question.

D. Where the award has been made and performance has begun, the County may declare the contract void upon a finding that this action is in the best interest of the County. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

1.25 PROTEST OF AWARD OR DECISION TO AWARD

A. Any Bidder may protest the award or decision to award a contract by submitting a protest in writing to the Purchasing Agent, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first; provided, however, that no protest shall lie for a claim that the selected Bidder is not a responsible Bidder. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the Bidder appeals within ten (10) days of receipt of the written decision.

B. If prior to award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Purchasing Agent shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the Contract may be declared void by the County. Where the award has been made and performance bas begun, the Purchasing Agent may declare the contract void upon a finding that this action is in the best interest of the County. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

C. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this Article 1.24 shall not be affected by the fact that a protest or appeal has been filed.

D. An award need not be delayed for the period allowed a Bidder to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a

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1.26 ADMINISTRATIVE APPEALS PROCEDURE

A. The County Administrator or a designee shall hear appeals of protests to the Purchasing Agent’s decision for refusal to allow withdrawal of Bids and appeals from disqualification. The Purchasing Agent shall provide for a hearing, the opportunity to present pertinent information and shall issue a written decision containing findings or facts. The findings of fact shall be final and conclusive and shall not be set aside unless the same are fraudulent, arbitrary or capricious, or so grossly erroneous as to imply bad faith. No determination on an issue of law shall be final if appropriate legal action is instituted in a timely manner. A Bidder/ contractor may not institute legal proceedings until all administrative remedies as set forth herein or as required by the ordinances or resolutions of Spotsylvania County have been exhausted.

1.27 NEGOTIATION WITH LOWEST RESPONSIBLE AND RESPONSIVE BIDDER

A. The County reserves the right to waive informalities, and to reject any and all bids. If the bid from the lowest responsible Bidder exceeds available funds, the County reserves the right to negotiate with the apparent low Bidder to obtain a contract price within available funds. If, upon review of the lowest responsible bid, it is determined, in writing, by the County that sufficient funds are not currently budgeted in the project to award this contract and it is in the County's best interest to proceed with the construction of the project without delay, the County may review the plans and contract documents to determine, in writing, possible areas of modification or reduction which can be made without significantly affecting the scope of the project. Upon determination that such areas may exist, the County shall notify the lowest responsive and responsible Bidder of the County's decision to exercise its option under this provision and request an interview with the apparent low Bidder or his/her designee. If a satisfactory bid price is obtained, the County shall then enter into a contract as modified during the negotiation session(s).

B. If a satisfactory price cannot be agreed to, then negotiations shall be terminated, all bids rejected and, if the requirement is still valid, the project shall be re-advertised.

1.28 FAITH-BASED CLAUSE

This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia Section 2.2-4343.1 or against a Bidder because of race, religion, color, sex, national origin, age, disability or any other prohibited by state law relating to discrimination in employment.

1.29 BIDDER DEBARMENT

By submitting a bid, the Bidder is certifying that he/she is not currently debarred by the County or any political subdivision or entity of the Commonwealth of Virginia.

1.30 BIDDER DISCLOSURE

Each Bidder shall certify, upon signing a Bid, that to the best of his/her knowledge no Spotsylvania County official or employee having official responsibility for the procurement

Route 1 Sewer Replacement A-16 transaction, or member of his/her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be with the bid or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.

1.31 PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA

A. A Bidder organized or authorized to transact business in the Commonwealth pursuant to

Title 13.1 or Title 50 of the Code of Virginia shall 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 of the Code of Virginia or as otherwise required by law shall include in its bid a statement describing why the Bidder is not required to be so authorized. Any Bidder described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this Article is granted by the County Administrator (https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2- 4311.2/).

B. Contractor agrees to obtain a business license from the Spotsylvania County Commissioner of Revenue if required by the Code of Virginia (1950, as amended) and/or Spotsylvania County Code and to present such license for inspection by the County if requested. Contractor also agrees to maintain as current all required business licenses and permits required by the Commonwealth of Virginia and to present such licenses and permits as may be required by the County.

1.32 VENDOR AUTHORIZATION AND SUBSTITUTE W-9 FORM

Each Bidder will submit a completed Vendor Authorization and Substitute W-9 form (Attachment B) with their bid. In the event of a contract award, this information is required in order to issue Purchase Orders and payments to your Firm.

1.33 IMMIGRATION REFORM AND CONTROL ACT OF 1986

By accepting a contract award, Bidder certifies that it does not and will not during the performance of this Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits the employment of illegal aliens.

1.34 VIRGINIA FREEDOM OF INFORMATION ACT

All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act, Virginia Code § 2.2-3700 et seq., except as provided below:

A. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4311.2/ https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4311.2/

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B. Any competitive sealed bidding Bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all Bids but prior to award, except in the event that the County decides not to accept any of the Bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract.

C. The County reserves the right to impose restrictions over the inspection of procurement transaction records to ensure the security and integrity of the records.

Trade secrets or proprietary information submitted by a Bidder in connection with a procurement transaction shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) if the Bidder has (i) invoked the protections of this section prior to or upon submission of the data or other materials, (ii) identified the data or other materials to be protected, and (iii) stated the reasons why protection is necessary.