2. Invitation to Bid - Oyster Fishing Pier.pdf

Page 1 Construction of New Fishing Pier at Oyster Harbor

INVITATION TO BID

CONSTRUCTION OF NEW FISHING PIER AT OYSTER HARBOR

I. Introduction

The County of Northampton, Virginia (hereinafter referred to as “County” and/or “Owner”) is accepting sealed bids from qualified firms for the construction of a new fishing pier at the Oyster Harbor located at 21209 Crumb Hill Road, Cape Charles, VA 23310.

The pier will be approximately 10 feet wide and 200 feet long. Sealed bids may be submitted either as a physical hard copy or electronically through eVA, the Virginia Department of General Services central electronic procurement website. Faxed or emailed proposals are not acceptable. Physical hard copy bids (mailed or hand delivered) will be received at the office of the County Administrator, 16404 Courthouse Road, PO Box 66, Eastville, VA 23347 until 2:30 PM, Tuesday, February 18, 2025.

Alternatively, bids may also be submitted electronically through the project listing on eVA prior to 2:30 PM, Tuesday, February 18, 2025. Bidders shall NOT submit both a physical hard copy bid and an electronic bid. For any bid submitted by bidder as both a hard copy and electronic response, the physical hard copy will take precedence, and the electronic response will not be considered. Bids (both physical and electronic) will be publicly opened and read aloud immediately thereafter.

For physical hard copy bids, an original and two (2) copies of the sealed bids from each vendor for the services specified must be received prior to 2:30 PM, Tuesday, February 18, 2025 by the County. All bids shall be signed by an authorized representative of the vendor. All bid envelopes must have the bidding company’s name on the outside of the envelope along with the notation “Bid – Oyster Fishing Pier”. For electronic bids, bidders must be registered with eVA prior to submitting a bid and shall follow eVA’s instructions on submitting the bid through the project’s eVA page.

It is the vendor’s responsibility to ensure that their bid is received by the County Administrator or submitted on eVA prior to the due date. Bids received after 2:30 PM, February 18, 2025 will not be accepted or considered. All physical proposals will be time stamped upon arrival. The County will not be responsible for the loss of any proposal that is not appropriately marked as specified. Electronic bids submitted through eVA will not be able to be accessed by the County until after the bid deadline.

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The area where the work is to be performed is open to the public and may be inspected at any time at the discretion of the bidder.

II. Scope of Services

The successful contractor shall be responsible for the turnkey construction of a new fishing pier in accordance with the plans and accompanying technical specifications. The project is described, in general, as a timber/wood framed L-shaped pier, including built in benches, handicapped access railing stations and composite railing caps, required sitework to tie the pier to the existing grade at the shoreline and landscaping. All work at this project shall be performed within the project limits as agreed to with the Owner at the pre-construction meeting or as designated on the documents.

Other items to note are as follows:

Contractor shall be responsible for the planting of 18 trees/shrubs as shown in the accompanying Landscaping Mitigation Plan, which is required by the County Zoning Clearance.

Bidder shall provide a single lump sum price for the work.

Material staging areas must not interfere with normal operations of the facility.

Contractor shall be responsible for obtaining a building permit. Permit application fees for a county building permit will be waived.

All other required permits for this project have been obtained by the Owner, including Joint Permit Application requirements and a County Zoning Clearance. It shall be the responsibility of the contractor to adhere to any work and meet all conditions specifically required by a permit or clearance that may not be explicitly stated in the plans or specifications. Any violations or disciplinary measures imposed on the County due to Contractor’s failure to remain in compliance with all permits shall be the responsibility of the Contractor. Upon final completion of the project, contractor shall be responsible for coordinating and/or submitting documentation to the permitting authorities and obtaining required inspections, as needed to close out all permits.

Contractor shall be responsible for the precise engineering layout of the pier. Location of the pier shall match coordinates shown on the plans, which have been strategically located to avoid interference with the Federal Navigation Channel which is maintained by the Army Corps of Engineers.

III. Inquiries

If bidder submitting a bid for proposed work is in doubt as to true meaning of any part of the contract documents, he or she may submit a written request to the Owner for an

Page 3 Construction of New Fishing Pier at Oyster Harbor interpretation. Bidder submitting request shall be responsible for its prompt and actual delivery. All interpretations, supplemental instructions, or approvals shall be made by written addendum duly issued and incorporated into the contract documents. A copy of such addendum will be posted to the County’s website and the project’s eVA page prior to the date fixed for opening of bids. Failure to receive such addendum shall not relieve bidder from any obligation under their bid as submitted. All addenda are contract documents. Owner will not be responsible for any other explanations or interpretations of these contract documents which anyone presumes to make. No oral interpretations or approvals will be made.

All questions pertaining to this Invitation to Bid shall be addressed in writing via email to Chris Thomas, Public Works Director, at cthomas@co.northampton.va.us. No questions will be answered verbally. All inquiries must be received no later than 5:00 PM, Tuesday, February 11, 2025. Answers to submitted questions will be answered through the issuance of an addendum. Any addenda issued will be posted at https://co.northampton.va.us/government/open_government/procurements and eVA.

IV. Contract Period

The work specified under the terms of this Invitation to Bid shall commence following award of such contract by the Board of Supervisors and receipt by the Contractor of a Notice to Proceed and be completed within 120 calendar days after the date when the Contract Times commence to run.

V. Schedule

Following award of the project, Contractor shall prepare and submit a copy of the proposed project schedule outlining expected timeframes of all components of construction.

VI. Payment for Work

All payment for work completed under this contract will be paid by the Owner to the Contractor at monthly intervals for work performed to date as approved by the Owner.

Owner shall pay invoices within 30 days of receipt of invoice.

VII. Warranties

Contractor warrants to Owner that all construction and related services provided hereunder shall be performed in a good and workmanlike manner, by workers who are appropriately trained and experienced in the work being performed, and in accordance with all requirements of the contract documents, industry standards for projects of similar type and quality, and all applicable laws, codes, regulations and other requirements, including safety requirements. If, within one year after the date of Substantial Completion of the Work any

Page 4 Construction of New Fishing Pier at Oyster Harbor of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This period of one year shall be extended with respect to portions of the Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this paragraph shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition.

Nothing contained in the preceding paragraphs shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in the prior paragraph relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.

VIII. General Requirements

A. Northampton County reserves the right to accept or reject any or all bids or parts of bids, to waive irregularities, and to request rebids. The County also reserves the right to award the contract as it deems will best serve its interest. It further reserves the right to award the contract on a split order basis, lump sum, or individual item basis, or such combination as will best serve the interest of the County unless otherwise specified.

B. Northampton County reserves the right to negotiate with the lowest bidder and/or modify the scope of work prior to contract award.

C. Contractor’s bid shall be provided on the Owner-supplied bid form OR submitted appropriately online through eVA.

D. No proposal will be awarded to any person, firm or corporation that is in arrears or is in default to the County upon any debt or contract or that is a defaulter as surety or otherwise upon any obligation to the County.

E. Successful Contractor must possess a current Northampton County Business License prior to the start of construction.

F. Bidders must be licensed contractors in the Commonwealth of Virginia, in the appropriate category of construction, in accordance with the requirements of Title 54.1, Chapter 11, of the Code of Virginia.

G. Bidders must possess and maintain throughout the duration of construction Worker’s

Compensation and Commercial General Liability insurance coverage. See Section IX-E below for requirements.

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H. No bid may be withdrawn for a period of Ninety (90) days subsequent to the opening of bids without the consent of the Owner. The procedure for withdrawal of bids shall be according to Section 11-54 (I) of the Code of Virginia.

I. The contract is to be awarded on the basis of the lowest responsive and responsible bid.

J. All bidders are subject to and must comply with the provisions of the County's Equal

Employment Opportunity Policy and applicable State and Federal anti-discrimination laws.

K. The performance and execution of the work shall be monitored by a representative of or appointed by Northampton County to ensure full compliance with these specifications and all applicable regulations. This may also include the services of a third party inspector obtained and paid for by the County for quality control purposes.

L. (Paragraph Not Used)

M. The Owner and/or appointed representatives reserve the right to halt the project for hazardous or potentially hazardous conditions or for any work found to be non-compliant with the contract until such conditions are corrected. It will be the responsibility of the Contractor to pay for the consultant services and costs involved to correct the non-compliance.

N. The Contractor shall maintain personnel on the site at all times when the work areas are open or not properly secured. Secure work areas completely at the end of each working day. Coordinate with the Owner concerning security of facility after normal hours following a daily visual inspection of the work area by the Owner and Contractor.

IX. General Terms and Conditions

A. Bidder’s Responsibility

Before submitting proposals, the bidder shall carefully examine the entire site of the proposed work and adjacent premises and various means of approach and access to the site, and make all necessary investigations to inform themselves thoroughly as to the conditions which affect work under this contract. Bidders shall inform themselves thoroughly as to all difficulties involved in completion of all work under this contract in accordance with its requirements.

Bidders shall examine the specifications and other contract documents, shall exercise their own judgment as to the nature of the whole of the work to be done and for the proposal prices, and must assume all responsibilities necessary to fully complete the work in strict compliance with the contract documents.

No plea of ignorance of conditions that exist or may thereafter exist or of conditions or

Page 6 Construction of New Fishing Pier at Oyster Harbor difficulties that may be encountered in the execution of the work under this contract as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the contractor to fulfill in every detail all requirements of the contract documents or will be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

B. Bid Bond, Payment and Performance Bonds

Not applicable for this project.

C. Allowances:

Not applicable for this project.

D. Qualification of Bidders

The qualifications, resources and experience of the bidder in the area of marine construction are considered to be essential for timely completion of this project. The Owner reserves the right to determine the qualifications of bidder to perform the work.

The Owner may make such investigation as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Contractor must hold an appropriate Virginia Contractor’s License, liability insurance, and workmen’s compensation insurance. The Contractor is responsible for compliance with Sections

36.99.7 and 54.1 of the Code of Virginia.

E. Insurance Requirements

The Contractor shall purchase and maintain in force, at their own expense:

1. Broad Form Comprehensive General Liability - $1,000,000 each occurrence and

$2,000,000 general aggregate coverage to include: Premises – Operations;

Products/Completed Operations; Contractual; Independent Contractors; County and Contractor’s Protective; Personal Injury (Libel, Slander, Defamation of Character, etc.)

2. Automobile Liability: $1,000,000 Combined Single Limit coverage

3. Workers’ Compensation: Coverage A, Statutory; Coverage B, $100,000

The insurance specified herein shall name the Owner as additional insured with regard to work performed under any Contract. All policies shall provide that the Owner is to receive written notice by certified mail, thirty (30) days in advance of cancellation or alteration of any policy. The Contractor shall provide the Owner with copies of certificates of insurance

Page 7 Construction of New Fishing Pier at Oyster Harbor coverage and proof of payment for all premiums.

Upon execution of this contract, and thereafter no less than fifteen (15) days prior to the expiration date of any insurance policy delivered pursuant to this contract, the Contractor shall deliver to the Owner a certificate(s) of insurance to show compliance with this section.

Each policy of insurance shall be issued by financially responsible insurers duly licensed to do business in the Commonwealth of Virginia.

Each policy of insurance shall include a waiver of subrogation in favor of the Owner and shall provide no less than thirty (30) days’ notice to the Owner in the event of a cancellation or change in conditions or amounts of coverage.

F. Incurring Cost

The Owner is not liable for any cost incurred by any proposer interested in submitting a Request for Proposal or any selected proposer, prior to the execution of a contract.

G. Non-Discrimination

Northampton County does not discriminate against race, color, religion, sex, national origin, age, disability, political affiliation, belief or faith-based organizations.

In accordance with Section 2.2-4311 of the Code of Virginia, every contract for goods or services over $10,000 shall include the following provisions:

During the performance of this contract, the Contractor agrees as follows:

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 nondiscrimination clause.

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.

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.

The Contractor shall include the provisions of the foregoing paragraphs in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

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H. Drug-free Workplace

The contract with the selected Contractor shall provide that during the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this 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.

I. Ethics in Public Contracting

This solicitation incorporates by reference any state or federal law related to ethics, conflicts of interest, or bribery, including by way of illustration and not limitation, the Virginia State and Local Government Conflict of Interests Act, the Virginia Governmental Frauds Act, and Articles 2 and 3 of Chapter 10 of Title 18.2 of the Virginia Code, as amended. The bidder certifies that its offer is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other proposer, supplier, manufacturer, or sub-proposer and that it has not conferred on any public employee having official responsibility for this purchase any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

J. Immigration Reform and Control Act of 1986

In accordance with Section 2.2-4311.1 of the Code of Virginia, every contract for goods or services shall include the following provisions:

During the performance of this contract, the Contractor does not and shall not knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

K. Copyrighted, Trademarked, or Patented Materials

Contractor agrees to guarantee and hold harmless Owner, Owner’s agents and employees, Page 9 Construction of New Fishing Pier at Oyster Harbor against any and all claims arising out of the infringement or alleged infringement by Contractor, or any of Contractor’s agents, employees or subcontractors, of any rights secured under copyright, trademark or patent protection. In that regard, Contractor hereby represents, on behalf of itself, its agents, employees and/or subcontractors, that all necessary licenses for the use of any copyright, trademark or patent have been obtained, are in full force and effect at the time of execution of this contract, and shall remain in full force and effect during the term of this contract and any extension hereof.

L. Proposal Binding

The contents in their entirety of the proposal submitted by the accepted firm shall become an attachment to and part of the agreement between the firm and the County. Proposal shall be submitted on the County-supplied bid form in hard copy form or shall be attached electronically through the eVA submission.

M. Applicable Law

This solicitation and any subsequent contract and the work performed thereunder shall be governed in all respects by the laws of the Commonwealth of Virginia and the venue for any litigation with respect thereto shall be in the Circuit Court for Northampton County, Virginia or as otherwise required by law. The bidder shall comply with applicable federal, state, and local laws and regulations.

N. Assignment

The bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any award, or any or all of its rights, obligations, or interests under this contract, without the prior written consent of the Owner.

X. Special Conditions

A. Application of materials shall be in accordance with the approved supplier’s recommendations as approved by the Engineer or County Public Works Director.

B. The worksite is public property and may be occupied by the public at any time. The Contractor shall be responsible for the conditions of the property grounds, and shall, at all times, make adequate provisions to protect adjacent work, materials, and users of the facility. Discarded materials shall be picked up daily. Care shall be taken in removing discarded materials or equipment from the work area so as not to cause injury to persons or damage structures and grounds. All stored materials and equipment shall be secured so as not to present a hazard to the public or existing structures. This work shall not interfere with normal operations of the facility without proper coordination with the Owner.

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C. The Contractor shall keep the work area free of all unauthorized or objectionable persons.

D. At the end of the project the Contractor shall remove all surplus materials from the premises unless otherwise directed on the drawings. All damages to buildings or grounds caused by the work of the project shall be repaired by the Contractor.

E. Upon completion of the work a final inspection shall be held with the Contractor, Owner and/or any of the Owner’s designees.

F. The Contractor shall have on the site at all times when work is underway, an experienced, English speaking foreman or superintendent (3 years minimum) who is responsible for the work.

G. The Contractor shall designate and identify to all interested parties, the authoritative person in the Contractor’s employ who will be responsible for all contract and subcontract work, and who can be immediately contacted at any time, day or night, throughout the duration of the contract and who will have authorization to order work or repairs at any time that might be urgently required as a result of the Contractor’s work.

H. The work crew shall have at least one experienced worker (2 years minimum) for each inexperienced worker, excluding the foreman, as judged by the Engineer.

I. The work crew shall consist of no more than 6 workers with 1 foreman. If more than 6 workers are on the job, then a second foreman with 3-years minimum experience will be required.

J. Care shall be directed to the protection of existing pavement in area near proposed construction. Damaged equipment shall be replaced at the Contractor’s expense.

K. Work shall be performed in accordance with the attached Technical Specifications located on the project plans.

L. Any damage to Owner’s property, including but not limited to damages to buildings, equipment, landscaping, infrastructure, etc. shall be repaired by the Contractor at no additional cost to the Owner.

XI. Project Meetings

A. Pre-construction conference - After award of contracts and prior to commencement of construction by the Contractor, a pre-construction conference will be scheduled for representatives of the Owner, the Contractor’s project manager and job superintendent

Page 11 Construction of New Fishing Pier at Oyster Harbor or foreman, and the Engineer. The Owner will coordinate and announce the meeting. At this meeting, the Contractor will provide a project schedule for approval, coordination between Contractor and Owner activities will be discussed including any interruptions in utilities or other interruptions to the Owner’s operations, and the date for the first monthly meeting will be set.

B. Monthly meetings - Meetings with the Owner, Engineer, and Contractor will generally be held on a monthly basis to coordinate and expedite the progress of the work. In addition, meetings may be scheduled at more frequent intervals when required for solution of particular problems, or when the pace of the work requires more frequent meetings, or when requested by an interested party. All meetings may be held at the site or remotely through a ZOOM or Teams connection.

C. Any specified meeting may be waived upon mutual agreement between Owner and Contractor.

XII. Control of the work

A. The Contractor shall provide and set all controls and be responsible for any and all construction staking, or other devices required to establish on the site all lines, levels, grades, and measurements necessary for the proper execution and control of the work required by the drawings and project manual.

B. All finished surfaces shall conform to the lines, levels, grades, and dimensions shown on the drawings and project manual except for deviations that are approved by the Engineer and Owner.

XIII. Prevailing Wages

A. This is NOT a Federal Prevailing Wage regulated project.

XIV. Temporary Facilities and Controls

A. Temporary Utilities - The Contractor shall plan for and furnish at their own expense all lighting, telephone, and other temporary utilities necessary for construction. Temporary electricity and water furnished by the Owner will be available on or near the site, for the Contractor’s use.

B. Temporary Toilets – Public restrooms are located on the site and may be utilized by all construction personnel.

XV. Safety

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A. In accordance with generally accepted work practices the Contractor shall be solely and completely responsible for the conditions of the work site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

B. The duty of the Owner or Engineer to conduct inspections, field observations, construction review (field review) of the Contractor’s performance is not intended to include review or inspection of the adequacy of the Contractor’s safety measures, in, on, or near the construction site.

C. The drawings, project manual and contract documents do not contain the necessary components for safety during construction. Such components shall be the responsibility of the Contractor to provide and maintain.

D. The Contractor shall maintain the area within the project limits in a clean and safe condition.

XVI. Liquidated Damages

A. Does not apply to this project.

XVII. Additional Owner Inspections

A. Upon completion of the work a final inspection shall be held with the Contractor, Owner and/or Engineer. The Owner will provide a final punch-list document itemizing work to be completed by the Contractor before final approval is given. The Owner will make one

(1) additional site visit to observe whether the punch-list items have been properly addressed. Any additional site visits caused by the Contractor’s failure to satisfy the requirements of the punch-list may require the Contractor to be responsible for the cost of the Owner and/or Engineer’s time to make such an additional visit. Final payment must be made prior to project completion being certified.