1 - ITB - ATDM Building 2 General Construction Contractor(20589930.1).doc

Institute for Advanced Learning and Research

Accelerated Training in Defense Manufacturing Facility

Building 2

General Construction Contract

INVITATION TO BID (ITB)

Project Owner:

150 Slayton Avenue

Danville, Virginia 24540

(434) 766-6700

Project Architect:

Dewberry Engineers Inc.

551 Piney Forest Road

Danville, Virginia 24540

(434) 797-4497

Project Description:

Construct the Accelerated Training in Defense Manufacturing Facility – Building 2 in strict accordance with the Contract Documents

Reference No.:

ITB No. 57639

Project Location:

Danville Cyber Park

231 Slayton Avenue

Danville, VA 24540

Bid Due Date and Time:

March 1, 2024, at 2:00 p.m.

Mandatory On-Site Pre-Bid Conference:

February 8, 2024, at 2:00 p.m.

Room 207

Danville, Virginia 24540

Bid Bond:

Five Percent of Bid Amount

The Institute for Advanced Learning and Research (“IALR” or “Owner”) invites bids pursuant to the Virginia Public Procurement Act, Virginia Code § 2.2-4300 et seq., from general contractors for the construction of IALR’s Accelerated Training in Defense Manufacturing Facility – Building 2 (“Facility”), as described in more detail in the Contract Documents (“Project”). The selection process shall be competitive sealed bidding.

A.

Scope of Work: The Project shall include all Work associated with the construction of the Facility in strict accordance with the Contract Documents, including the Drawings and Specifications prepared by Dewberry Engineers Inc. (“Dewberry”), that are incorporated into this Invitation to Bid (“ITB”). The Work on the Facility will have to be coordinated with the ongoing construction of the Accelerated Training in Defense Manufacturing Facility – Building 1 (“Building 1”). The Project will include coordination between the selected Contractor under this ITB and the general contractor carrying out the construction of Building 1. Among other things, it is anticipated that the selected Contractor under this ITB and the general contractor carrying out the construction of Building 1 will be on the job site at the same time for several months. In addition, the Drawings and Specifications for the Facility will include a connection between the Facility and Building 1.

B.

Bid Proposals: Sealed Bids must be mailed or hand delivered to:

Attn: Finance Department

Danville, VA 24540

Sealed bids must be received at this location no later than 2:00 p.m. local time on March 1, 2024. Bids received after 2:00 p.m. local time on March 1, 2024, will be rejected. Oral, telephonic, telegraphic, facsimile, or other electronically transmitted bids will not be considered.

C.

Contract or Contract Documents: The Contract and Contract Documents shall include: (i) the ATDM – Building 2 General Construction Contract attached as Exhibit A to this ITB; (ii) the Owner’s General Conditions attached as Exhibit B to the ITB; (iii) this ITB, the Instructions to Bidders, any subsequently issued Addenda to this ITB; (iv) the AIA General Conditions (AIA Document A201-2017), as amended by the Supplementary Conditions attached as Exhibit C to this ITB; (v) the completed and signed Bid Form and Bid Bond; (v) the Drawings and Specifications prepared by Dewberry and included with this ITB; (vi) the Performance and Payment Bonds; (vii) any Change Orders or Change Directives; and (viii) any Modifications to the Contract. Each Bidder is solely responsible for making sure that such Bidder has obtained and reviewed the complete set of Contract Documents, including any Addenda to this ITB, before submitting a bid. Prospective Bidders are responsible for checking IALR’s website or contacting Angela Anderson at Angela.Anderson@ialr.org to inquire about any Addenda that may be issued. IALR will not be responsible if the ITB and/or any Addenda are not received by potential Bidders.

D.

Submission of Bids: Bids shall be submitted on the Bid Form attached as Exhibit D, completed in full in ink or typewritten (one copy only). Bids shall be enclosed in a sealed envelope, addressed to the Owner, and be clearly marked “Bid for ATDM – Building 2 General Construction Contract”. The Bidder’s name and address shall also be clearly marked on the envelope. No other information is to be included on the outside of the envelope. Bidder will submit a Total Base Bid Amount to perform all Work on the Project in strict accordance with the Contract Documents. Bidder also will submit sums for Alternates as specified on the Bid Form. IALR will not be responsible for the premature opening of improperly addressed, labeled or misidentified Bids. In addition to submitting a signed and completed Bid Form, each Bidder also must submit: (i) a signed and completed copy of this ITB; (ii) a signed copy of the Minority & Women-Owned Business, Small Business, Service Disabled Veteran Business, and Employment Services Organizations Certification Form, which is attached as Exhibit E to this ITB; (iii) a signed and completed copy of the Lobbyist Disclosure, which is attached as Exhibit J to this ITB; and (iv) a signed and completed copy of the Non-Collusion Statement, which is attached as Exhibit K to this ITB. All Bids submitted in response to this ITB are subject to and shall be deemed to incorporate by reference all of the terms, conditions, provisions, and requirements of the Contract Documents. Bids and other required bidding documents shall be signed by an authorized representative of Bidder. Bidder agrees that its Contract performance shall be in strict conformance with the Contract Documents.

E.

Bid Bond; Security: Pursuant to Virginia Code § 2.2-4336, each Bid in excess of $100,000 shall be accompanied by a Bid Bond, payable to the Owner, in the amount of five percent of the Total Base Bid Amount. The Bid Bond shall be in substantially the same form as the Bond Form attached hereto as Exhibit F and shall be issued by a surety authorized to transact business in the Commonwealth of Virginia having a Best’s rating of A-VII or greater and listed in the most recent Federal Registry of Sureties maintained by the United States Treasury. When the Contract is executed with the successful Bidder, the bid bonds of the other Bidders will be returned. The Bid Bond of the successful Bidder will be retained until the Labor and Materials Payment Bond and Performance Bond have been executed and approved, after which the Bid Bond will be returned. Pursuant to Virginia Code § 2.2-4338, a certified check, cashier’s check, or cash escrow in the face amount required for the bond may be used in lieu of a sealed surety Bid Bond.

F.

Mandatory Pre-Bid Conference: There will be a mandatory on-site Pre-Bid Conference for all interested Bidders. This conference will convene on February 8, 2024, at 2:00 p.m. local time in Room 207 at the Institute for Advanced Learning and Research. As a part of the Pre-Bid Conference, a tour and inspection of the Project site will be made. Attendance at this conference is required for submitting a bid.

G.

Bid Opening: The Bids will be opened in a public opening of Bids at the designated time and location and read aloud at that time and place. In addition:

LISTNUM 1 \l 4 \s 1 The Owner will evaluate the Bids and award the Contract after due consideration of the Bid amounts and the criteria set forth herein and in the Instructions to Bidders, including without limitation the ability of the Contractor to complete the Project in the allotted time, time being of the essence. The Owner reserves the right to award the Contract where it appears to be in the best interest of the Owner.

LISTNUM 1 \l 4 The Owner may waive any informalities or irregularities, cancel this invitation to bid, reject any or all Bids, and/or rebid the Project at any time prior to the award of the Contract.

LISTNUM 1 \l 4 Any Bid may be withdrawn or modified prior to the scheduled time for the opening of Bids.

LISTNUM 1 \l 4 Any Bid received after the time and date specified shall not be considered and will be returned to the Bidder unopened.

LISTNUM 1 \l 4 Unless otherwise noted, no Bidder may withdraw a Bid within sixty (60) days after the actual date of the opening thereof. Should the Contract not be awarded within this specified time period, the time may be extended by mutual agreement of the Owner and the Bidder.

H.

Contract Award: Any award will be made to the Lowest Responsive and Responsible Bidder. To determine the Lowest Responsive and Responsible Bidder who may be awarded a Contract for the Work, Owner will consider all of the criteria set forth in, and all of the information requested pursuant to, this ITB and the Instructions to Bidders. In determining the lowest bidder, Owner will use the Total Base Bid Amount contained in the Bidder’s Bid Form.

I.

Legal Compliance; Licenses: Bidders and all subcontractors are required to comply with all applicable city, state, and federal laws, ordinances, and regulations; and are required to be properly licensed under Virginia Code § 54.1-1100, et seq.

J.

Withdrawal of Bid Due to Error: Bids may not be withdrawn for a period of sixty (60) calendar days after the opening of bids unless the Bid is substantially lower than the other bids because of a clerical error as defined in Virginia Code § 2.2-4330. Pursuant to Virginia Code § 2.2-4330(B)(1), the Bidder shall give to the Owner notice in writing of the Bidder’s claim of right to withdraw the bid within two (2) business days after the opening of bids and shall submit the original work papers, documents, and material used in the preparation of the Bid with such notice. Other applicable provisions of Virginia Code § 2.2-4330 shall apply to any errors in bids or any requested withdrawal due to errors in Bids.

K.

Negotiation With Lowest Bidder: If the Bid from the Lowest Responsive and Responsible Bidder exceeds available funds for the Project, then under the provisions of Virginia Code §2.2-4318, the Owner reserves the right to negotiate with such Bidder to obtain a contract price within the available funds.

L.

Time of Completion: Bidder must obtain Substantial Completion for this project within four hundred twenty (420) consecutive calendar days following the date specified in the Notice to Proceed for the Project. Owner intends to award the Contract and issue a Notice to Proceed promptly following opening of bids. Further, Bidder must obtain Final Completion for this project within thirty (30) consecutive calendar days following the date of Substantial Completion. All Bidders are cautioned that time is of the essence for the completion of all Work on the Project and that Owner will suffer loss or damages if the Project is not substantially and finally completed within these periods of time. By bidding on the Project, each Bidder certifies that it can start and complete the Project in the specified timeline.

M.

Liquidated Damages: Bidder will pay as Liquidated Damages the sum of $2,250.00 for each consecutive calendar day that the Project extends beyond the designated date for Substantial Completion. In addition, Bidder further will pay as Liquidated Damages the sum of $2,250.00 for each consecutive calendar day that this Project extends beyond the date of Final Completion.

N.

Inquiries: If any potential Bidder has questions about the submission requirements or the Project, the Respondent must promptly contact the person designated below in writing but no later than five (5) working days before the bid due date. All questions regarding the procurement procedure shall be submitted in writing to Angela Anderson, Chief Financial Officer, Institute for Advanced Learning & Research, 150 Slayton Avenue, Danville, VA 24540, Angela.Anderson@ialr.org. All technical questions regarding the Contract Documents shall be submitted in writing to Larry Hasson, Dewberry Engineers Inc., 551 Piney Forest Road, Danville, Virginia 24540, lhasson@dewberry.com, with a copy provided to Angela Anderson at Angela.Anderson @ialr.org.

O.

Addenda: Any interpretations, amendments, corrections or revisions to this ITB will be made only by written Addendum issued by IALR. Interpretations, amendments, corrections or revisions of this ITB made in any other manner will not be binding, and Bidders must not rely upon such interpretations, amendments, corrections or revisions. Bidders are solely responsible for ensuring that they have any and all Addenda issued prior to submitting their Bids. IALR disclaims any responsibility for a Bidder’s failure to receive any Addenda.

P.

Certification: Bidder’s signature on the Bid Form and this ITB certifies that it has either inspected the job site or voluntarily declined the inspection, is aware of the conditions under which the Work must be accomplished, is aware of and understands the requirements for the Project, and fully understands the requirements of this solicitation. It is the responsibility of each Bidder to inquire about and clarify any requirements of this solicitation that it does not understand. Failure to understand the requirements of this solicitation will not relieve the Contractor of any responsibilities under any contract. IALR will not consider claims resulting from Bidder’s failure to inspect the job site, failure to understand the Drawings and/or Specifications, and/or failure to obtain clarification of any requirements for the Project. By executing the Bid Form, Bidder represents and warrants that it has prepared its Bid with full knowledge of the timeframe for completing the Project, time being of the essence, and that it has made arrangements with employees and subcontractors to ensure that sufficient manpower and manhours are available to fully and timely perform the Project.

Q.

Retainage: Pursuant to Virginia Code § 2.2-4333, any Contract awarded pursuant to this Invitation to Bid shall be subject to a 5% retainage.

R.

Bonding; Security: Pursuant to Virginia Code § 2.2-4337, if the Contract Sum exceeds $100,000, then a Performance Bond in the amount of the Contract Sum and in substantially the same form as the Bond Form attached hereto as Exhibit G and a Labor and Material Payment Bond in the amount of the Contract Sum and in substantially the same form as the Bond Form attached hereto as Exhibit H will be required from the successful Bidder. The performance and payment bonds shall be issued by a surety authorized to transact business in the Commonwealth of Virginia having a rating of A-VII or greater and listed in the most recent Federal Registry of Sureties maintained by the United States Treasury. Pursuant to Virginia Code § 2.2-4338, a certified check, cashier’s check or cash escrow in the face amount otherwise required for the bond may be utilized in lieu of a bond.

S.

Award Announcement: If an award of a Contract is made, Notice of the Award will be made by posting a notice on the IALR website. Posting on IALR’s website is the only notice that will be provided of the award or decision to award a contract pursuant to this ITB.

By submitting a Bid, each Bidder agrees that this is a solicitation of Bids and each Bidder agrees to be solely responsible for the cost or expense of its Bid and IALR shall have no responsibility for such costs or expenses.

The undersigned hereby certifies that no person interested in this Bid is directly or indirectly interested in or connected with any other Bidder or Bid for said Work, and no representative, officer, or employee of the Owner is directly or indirectly interested therein, or in any portion thereof.

The undersigned hereby certifies that this Bid is genuine and not collusive or sham; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any Bidder or person, to put in a sham Bid, or so that such other person shall refrain from bidding; and has not in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference, with any person, to fix the Bid price of the undersigned or of any other Bidders, or to fix any overhead, profit or cost element of said Bid price, or of that of any other Bidder, or to secure any advantage against the Owner or any person interested in the proposed Contract; and that all statements contained in said Bid are true. The Bidder certifies that this Bid has been arrived at independently, without consultation, communication, or agreement with any other Bidder concerning any matter relating to this Bid.

The undersigned hereby certifies that neither it nor its agent nor any other party on its behalf has paid or agreed to pay, directly or indirectly, a person, firm, or corporation, any money or valuable consideration for assistance in procuring or attempting to procure the Contract herein referred to, and further agrees that no such money or reward shall be hereafter paid.

The undersigned certifies that this person/firm/corporation is not currently barred from bidding on contracts by any public body or political subdivision in the Commonwealth of Virginia, nor is this person/firm/corporation a part of any firm/corporation that is currently barred from bidding on contracts by any public body or political subdivision in the Commonwealth of Virginia. Bidder has attached an explanation of any previous disbarment(s) and copies of notice(s) of reinstatement(s).

Within five (5) consecutive, business days after receiving a Notice of Award from the Owner, the undersigned will sign the Contract, including all Contract Documents, for this Project in the amount stated on the bid form.

NAME AND ADDRESS OF BIDDER:

DATE: _______________________________

BY: _________________________________

(SIGNATURE)

NAME: ______________________________

(PLEASE PRINT)

EMAIL:_____________________________

TITLE: ______________________________

PHONE: ____________________________

STATE CONTRACTOR’S LICENSE CLASS: ______

STATE CONTRACTOR’S LICENSE NUMBER: _________________________________

FEIN: _________________________________

VIRGINIA SCC NUMBER (IF ANY): _________________________________

LATE PROPOSALS WILL BE REJECTED

INVITATION TO BID

ITB - 6

ATDM - BUILDING 2 GENERAL CONSTRUCTION CONTRACT