2024-01-19_JMU Sonner Hall HVAC Replacement_Project Manual_rev1 (1).pdf

PROJECT MANUAL

James Madison University Sonner Hall HVAC Replacement

Harrisonburg, Virginia

Project Code: 216-B3216-015

Working Drawing Submittal

November 10, 2023 Revised January 19, 2024

CMTA Project No. RJMS23

236-B3216-015 / JMU Sonner Hall HVAC Replacement

00 01 01 - 1 Project Title Page

SECTION 00 01 01 - PROJECT TITLE PAGE

PROJECT MANUAL

FOR

JMU SONNER HALL HVAC REPLACEMENT

DEB PROJECT CODE: 236-B3216-015

JAMES MADISON UNIVERSITY

481 BLUESTONE DRIVE

HARRISONBURG , VIRGINIA 22807

PREPARED BY:

CMTA

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00 01 10 - 1 Table of Contents

SECTION 00 01 10 - TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS

1.01 DIVISION 00 -- PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 - Project Title Page

00 01 10 - Table of Contents

00 42 51 - Electronic File Release Agreement

AGENCY FORMS

A. Notice of Invitation for Bids

B. eVA Registration Requirements

C. Instructions to Bidders (CO-7a)

D. Standard Bid Bond (CO-10.2)

E. Prebid Question Form (DGS-30-272)

F. Bid Form (DGS-30-220)

G. General Conditions of the Construction Contract (CO-7)

H. Contract Between Owner & Contractor (CO-9)

I. Worker's Compensation Certificate of Insurance (CO-9a)

J. Standard Performance Bond (CO-10)

K. Standard Labor & Material Payment Bond (CO-10.1)

L. Construction Change Order (CO-11)

M. Schedule of Values & Certificate for Payment (CO-12)

N. Affidavit of Payment of Claims (CO-13)

O. Certificate of Completion by A/E or Project Manager (CO-13.1)

P. Certificate of Substantial Completion by A/E or Project Manager (CO-13.1a)

Q. Contractor's Certificate of Completion (CO-13.2)

R. Contractor's Certificate of Substantial Completion (CO-13.2a)

S. Checklist for Beneficial Occupancy (CO-13.3b)

T. Change Order Estimate - General Contractor (CO-GC-1)

U. Change Order Estimate - SubContractor (CO-SC-1)

00 01 10 - 2 Table of Contents

V. Change Order Estimate - Sub-subcontractor (CO-SS-1)

W. SWaM Report (Non-Capital Outlay)

SPECIFICATIONS

2.01 DIVISION 01 -- GENERAL REQUIREMENTS

01 10 00 - Summary

01 20 00 - Price and Payment Procedures

01 25 00 - Substitution Procedures

01 30 00 - Administrative Requirements

01 32 16 - Construction Progress Schedule

01 40 00 - Quality Requirements

01 42 16 - Definitions

01 50 00 - Temporary Facilities and Controls

01 60 00 - Product Requirements

01 61 16 - Volatile Organic Compound (VOC) Content Restrictions

01 70 00 - Execution and Closeout Requirements

01 78 00 - Closeout Submittals

01 79 00 - Demonstration and Training

2.02 DIVISION 02 -- EXISTING CONDITIONS

02 41 00 - Demolition

2.03 DIVISION 03 -- CONCRETE (NOT USED)

2.04 DIVISION 04 -- MASONRY (NOT USED)

2.05 DIVISION 05 -- METALS

2.06 DIVISION 06 -- WOOD, PLASTICS, AND COMPOSITES

06 10 00 - Rough Carpentry

2.07 DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

07 92 00 - Joint Sealants

2.08 DIVISION 08 -- OPENINGS

08 31 00 - Access Doors and Panels stetterton Snapshot

00 01 10 - 3 Table of Contents

2.09 DIVISION 09 -- FINISHES

09 21 16 - Gypsum Board Assemblies

09 51 00 - Acoustical Ceilings

09 91 23 - Interior Painting

2.10 DIVISION 10 -- SPECIALTIES

2.11 DIVISION 11 -- EQUIPMENT

2.12 DIVISION 12 -- FURNISHINGS

2.13 DIVISION 13 -- SPECIAL CONSTRUCTION

2.14 DIVISION 14 -- CONVEYING EQUIPMENT (NOT USED)

2.15 DIVISION 21 -- FIRE SUPPRESSION

21 05 00 - Common Work Results for Fire Suppression

21 05 53 - Identification for Fire Suppression Piping and Equipment

21 11 00 - Facility Fire-Suppression Water-Service Piping

21 13 00 - Fire-Suppression Sprinkler Systems

2.16 DIVISION 22 -- PLUMBING (NOT USED)

2.17 DIVISION 23 -- HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

23 01 30.51 - HVAC Air-Distribution System Cleaning

23 05 13 - Common Motor Requirements for HVAC Equipment

23 05 16 - Expansion Fittings and Loops for HVAC Piping

23 05 17 - Sleeves and Sleeve Seals for HVAC Piping

23 05 19 - Meters and Gauges for HVAC Piping

23 05 23 - General-Duty Valves for HVAC Piping

23 05 29 - Hangers and Supports for HVAC Piping and Equipment

23 05 53 - Identification for HVAC Piping and Equipment

23 05 93 - Testing, Adjusting, and Balancing for HVAC

23 07 13 - Duct Insulation

23 07 19 - HVAC Piping Insulation

23 08 00 - Commissioning of HVAC

00 01 10 - 4 Table of Contents

23 09 13 - Instrumentation and Control Devices for HVAC

23 09 34 - Variable-Frequency Motor Controllers

23 21 13 - Hydronic Piping

23 21 14 - Hydronic Specialties

23 31 00 - HVAC Ducts and Casings

23 33 00 - Air Duct Accessories

23 36 00 - Air Terminal Units

23 37 00 - Air Outlets and Inlets

23 74 16 - Packaged Rooftop Air-Conditioning Units

2.18 DIVISION 25 -- INTEGRATED AUTOMATION (NOT USED)

2.19 DIVISION 26 -- ELECTRICAL

26 05 01 - General Provisions - Electrical

26 05 02 - Scope of the Electrical Work

26 05 03 - Shop Drawings, Literature, Manuals, Parts Lists and Special Tools

26 05 04 - Sleeving, Cutting, Patching and Repairing

26 05 08 - Coordination Among Trades, Systems Interfacing and Connection of Equipment Furnished By Others

26 05 19 - Conductors, Identification, Splicing Devices & Connectors

26 05 26 - Grounding

26 05 31 - Cabinets, Outlet Boxes and Pull Boxes

26 05 33 - Raceways & Fittings

26 05 53 - Identifications

26 27 26 - Wiring Devices & Plates

2.20 DIVISION 27 -- COMMUNICATIONS (NOT USED)

2.21 DIVISION 28 -- ELECTRONIC SAFETY AND SECURITY (NOT USED)

END OF SECTION

00 42 51 - 1 ELECTRONIC FILE RELEASE

AGREEMENT

SECTION 00 42 51

ELECTRONIC FILE RELEASE AGREEMENT

00 42 51 - 2 ELECTRONIC FILE RELEASE

AGREEMENT

(RECIPIENT) HAS REQUESTED THAT _______________ PROVIDE

ELECTRONIC FILES FOR THE RECIPIENT'S USE ON THE JMU SONNER HALL HVAC

REPLACEMENT PROJECT, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

THE ARCHITECT’S ELECTRONIC FILES ARE COMPATIBLE WITH PDF, OR AUTOCAD RELEASE

2020, OR REVIT 2022, OR HIGHER. THE ARCHITECT MAKES NO REPRESENTATION AS TO THE

COMPATIBILITY OF THESE FILES WITH YOUR HARDWARE OR YOUR SOFTWARE.

DATA CONTAINED IN THESE ELECTRONIC FILES IS PART OF THE ARCHITECT’S INSTRUMENTS

OF SERVICE, WHO SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW,

STATUTORY LAW, AND OTHER RIGHTS, WITHOUT LIMITATION, INCLUDING COPYRIGHTS, AND

SHALL NOT BE USED BY YOU OR ANYONE ELSE RECEIVING THIS DATA THROUGH OR FROM

YOU FOR ANY PURPOSE OTHER THAN THAT INTENDED. ANY OTHER USE OR REUSE BY YOU

OR OTHERS WILL BE AT YOUR SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO

THE ARCHITECT. THE RECIPIENT AGREES TO MAKE NO CLAIM AND HEREBY WAIVE, TO THE

FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION OF ANY NATURE

AGAINST THE ARCHITECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR

SUBCONSULTANTS WHICH MAY ARISE OUT OF OR IN CONJUNCTION WITH THE RECIPIENT’S

USE OR REUSE OF THE ELECTRONIC FILES FOR ANY PURPOSE OTHER THAN THAT INTENDED.

FURTHERMORE, THE RECIPIENT SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW,

INDEMNIFY AND HOLD HARMLESS THE ARCHITECT FROM ALL CLAIMS, DAMAGES, LOSSES,

AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF, OR RESULTING FROM SUCH

USE OR REUSE, BY THE RECIPIENT OR OTHERS, OF THESE ELECTRONIC FILES FOR ANY

PURPOSE OTHER THAN THAT INTENDED.

THESE ELECTRONIC FILES ARE NOT CONTRACT DOCUMENTS, NOR ARE THEY CONSIDERED

AS BEING THE CONSTRUCTION DRAWINGS FOR THE PROJECT. SIGNIFICANT DIFFERENCES

MAY EXIST BETWEEN THESE ELECTRONIC FILES AND CORRESPONDING HARD COPY

CONTRACT DOCUMENTS (PROJECT CONSTRUCTION DRAWINGS) DUE TO ADDENDA, CHANGE

ORDERS, OR OTHER REVISIONS. THE ARCHITECT MAKES NO REPRESENTATION REGARDING

THE ACCURACY OR COMPLETENESS OF THE ELECTRONIC FILES RECEIVED BY THE

RECIPIENT. IN THE EVENT A CONFLICT ARISES BETWEEN THE SIGNED CONTRACT

DOCUMENTS PREPARED BY THE ARCHITECT AND ELECTRONIC FILES, THE SIGNED

CONTRACT DOCUMENTS SHALL GOVERN. THE RECIPIENT IS RESPONSIBLE FOR

DETERMINING IF ANY CONFLICTS EXIST. BY THE RECIPIENT’S USE OF THESE ELECTRONIC

FILES, THE RECIPIENT IS NOT RELIEVED OF HIS DUTY TO FULLY COMPLY WITH THE

CONTRACT DOCUMENTS, INCLUDING AND WITHOUT LIMITATION, THE NEED TO CHECK,

CONFIRM, AND COORDINATE ALL DIMENSIONS AND DETAILS, TAKE MEASUREMENTS, VERIFY

FIELD CONDITIONS, AND COORDINATE YOUR WORK WITH THAT OF OTHER CONTRACTORS

FOR THE PROJECT.

BECAUSE OF THE POTENTIAL THAT THE INFORMATION PRESENTED ON THE ELECTRONIC

FILES CAN BE MODIFIED, UNINTENTIONALLY OR OTHERWISE, THE ARCHITECT RESERVES

THE RIGHT TO REMOVE ALL INDICIA OF ITS OWNERSHIP AND/OR INVOLVEMENT FROM EACH

ELECTRONIC DISPLAY OR FILE.

SIGNATURE OF THIS AGREEMENT SHALL COVER ANY AND ALL DIGITAL CORRESPONDENCE

RELEASED FROM THE ARCHITECT TO THE RECIPIENT.

00 42 51 - 3 ELECTRONIC FILE RELEASE

AGREEMENT

UNDER NO CIRCUMSTANCES SHALL DELIVERY OF THE ELECTRONIC FILES FOR USE BY THE

RECIPIENT BE DEEMED A SALE BY THE ARCHITECT AND THE ARCHITECT MAKES NO

WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR ANY

PARTICULAR PURPOSE. IN NO EVENT SHALL THE ARCHITECT BE LIABLE FOR ANY LOSS OF

PROFIT OR ANY CONSEQUENTIAL DAMAGES AS A RESULT OF YOUR USE OR REUSE OF

THESE ELECTRONIC FILES.

RECIPIENT’S REPRESENTATIVE SIGNATURE

WITNESS SIGNATURE

RECIPIENT’S PHONE NUMBER

END OF SECTION 00 42 51

00 42 51 - 4 ELECTRONIC FILE RELEASE

AGREEMENT

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NOTICE OF

INVITATION FOR BIDS (IFB)

SEE AGENCY PROVIDED DOCUMENTATION

DGS-30-385

(Rev. 1/21)

Vendor eVA Registration Requirements eVA Business-to-Government Vendor Registration, Contracts, and Orders: The eVA

Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide construction and/or professional services to the

Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in the bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees can be found on the eVA website at https://eva.virginia.gov/eva-billing.html.

eVA Orders and Contracts: It is anticipated that the contract will result in multiple purchase orders (i.e., one for each delivery requirement) with the applicable eVA transaction fee assessed for each order.

DGS-30-055 CO-7A

(Rev. 07/22) Page 1 of 9

INSTRUCTIONS TO BIDDERS

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

As used herein, the terms “bidder” and “Contractor” both shall refer to the Person submitting a bid.

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

1. CONDITIONS AT SITE OR STRUCTURE: Bidders shall visit the Site and shall be responsible for ascertaining pertinent local conditions such as location, accessibility, general character of the Site, structure or building, and the character and extent of existing conditions, improvements or work within or adjacent to the Site. No Claims shall be submitted as a result of Bidder’s failure to have done so, but shall be deemed waived and will not be considered by the Owner. See Section 7 of the General Conditions entitled "Conditions at Site."

2. EXPLANATIONS TO BIDDERS: No oral explanation in regard to the meaning of drawings and specifications will be made and no oral instructions will be given before the award of the Contract. The Owner shall not be responsible for any conclusions, assumptions or interpretations made by bidders during the preparation of bids that are contrary to the Drawings and Specifications and their clear intent.

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

3. TIME FOR COMPLETION:

(a) "Time for Completion" shall be designated by the Owner on the Invitation for Bids or other prebid documents and shall mean the number of consecutive calendar days following the issuance of the Notice to Proceed which the Contractor has to substantially complete all Work required by the Contract. In some instances, the Time for Completion may be stated in the form of a Contract Completion Date based on a stipulated date of Notice to Proceed.

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

(b) When the Notice to Proceed is issued, it will state a Contract Completion Date, which has been set by the Owner based on date of the Notice to Proceed and the Time for Completion.

(Rev. 07/22) Page 2 of 9

(c) The Contractor, in preparing and submitting its bid, is required to take into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather patterns which might be anticipated based on weather conditions and events for the past ten (10) years. Normal weather conditions shall be determined from the public historical records available, including the U.S. Department of Commerce, Local Climatological Data Sheets, Oceanic and Atmospheric Administration/Environmental Data and Information Service, National Climatic Center and the National Weather Service. The data sheets to be used shall be for the locality or localities closest to the Site. No additional compensation, costs or damages will be paid to the Contractor because of normal weather conditions, including normal adverse weather to be anticipated during the Project. An extension of time for abnormal adverse weather conditions which directly impact the Work will be considered by the Owner as set forth in the General Conditions.

(d) If the Owner designates the public historical climatological records to be used to establish normal weather patterns, the bidder shall use those records in estimating and preparing its bid. If the Owner requests each bidder to indicate the weather pattern records used in preparation of a bid, each bidder may select the public historical climatological records upon which it will rely in preparing its bid. In the latter situation, each bidder shall designate in the space provided which of such climatological data records were used in preparing the bid. A bidder's failure to designate climatological records when submitting a bid shall not disqualify a bid, but shall constitute a waiver of any claim or request for an extension of time as the result of abnormal adverse weather.

In either case, the bid submitted and the Time for Completion shall be presumed to have been based upon normal weather patterns, including normal adverse weather, as derived from the climatological records used.

4. PREPARATION AND SUBMISSION OF BIDS:

(a) Bids shall be submitted on the forms furnished, or copies thereof, and shall be signed in ink, or in the case of bids submitted electronically, signatures shall be in accordance with Code of Virginia § 59.1-479 et seq. The Owner’s agreement to accept electronic bids, if made, will be indicated in the IFB. Erasures or other changes in a bid must be explained or noted over the signature of the bidder. Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the proposal, or irregularities of any kind, may be rejected by the Owner as being incomplete or nonresponsive.

(b) Each bid must give the complete legal name and full business address of the bidder and be signed by the bidder, or the bidder's authorized representative. Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person signing, and a list of the partners. Bids by joint ventures must be signed in the joint venture name by one of the joint venturers or an authorized representative of one of the joint venturers, followed by the designation/title of the person signing, and a list of the joint venturers. Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter. The name of each person signing shall be typed or printed below the signature. A signature on a bid by a person who identifies their title as "President," "Secretary," "Agent" or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing. When requested by the Owner, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished.

Trade or fictitious names may be referenced by using "t/a _ _ _ ," but bids shall be in the legal name of the person or entity submitting the bid.

(c) Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and addressed as indicated by the advertisement. If a Contract is for one hundred twenty thousand

(Rev. 07/22) Page 3 of 9 dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred fifty thousand dollars ($750,000) or more, the bidder is required under Code of Virginia §§ 54.1-1100, et seq., to be licensed in Virginia as a "Class A Contractor." If a Contract is for ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000), or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is one hundred fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000), the bidder is required to be licensed in Virginia as a "Class B Contractor." The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over its signature whichever of the following notations is appropriate and insert its Contractor license/registration number:

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

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

(d) Following guidance from the Board for Contractors, the Owner may, as a part of determining whether the bidder is "responsible," require the apparent low bidder to submit a listing of its Subcontractors along with the license number and classification or specialty of each. See DEP’T OF

PROF’L AND OCCUPATIONAL REGULATION, BD. FOR CONTRACTORS POLICIES & INTERPRETATIONS, No. 2959 (July 11, 2016) (“A licensed contractor may bid on work, or enter into a contract for work, which is outside the scope of [its] license classification(s) provided that [it] subcontracts that work, to properly licensed contractors, and the work of the subcontractors is incidental to the contract.”).

(e) The bidder must place its Employer Identification Number (SSN or FEIN) in the space provided on the Bid Form.

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

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

(Rev. 07/22) Page 4 of 9

(g). Code of Virginia, § 2.2-4376.2 shall be applicable to the Work of the Contract.

5. BID GUARANTEE:

(a) Any bid (including the Total Base Bid plus all Additive Bid Items) which exceeds five hundred thousand dollars ($500,000) shall be accompanied by a Commonwealth of Virginia Standard Bid Bond, Form CO-10.2, payable to the Owner as obligee in an amount equal to five percent (5%) of the amount of the bid (the “Bid Bond”). The Owner agrees to accept a Bid Bond on which the Surety has utilized electronic signatures and/or electronic notarization if the electronic notarization meets the requirements of Virginia Code §§ 47.1-6.1, -7, and -12, and the Commonwealth of Virginia State Corporation Commission Bureau of Insurance and the Bid Bond contains any SURETY BOND SEAL ADDENDUM established by the Commonwealth of Virginia State Corporation Commission Bureau of Insurance. For construction contracts up to $500,000, where bid bond requirements have been waived by Owner as stated in the IFB, prospective Contractors may be prequalified in accordance with Code of Virginia § 2.2-4317.A Bid Bond may be required for Contracts having bids of up to five hundred thousand dollars ($500,000) if such requirement is stated in the IFB. The Bid Bond must be issued by a surety company which is legally authorized by the Virginia State Corporation Commission to do surety business in the Commonwealth of Virginia. Such Bid Bond shall guarantee the following: that the bidder will not withdraw its bid during the thirty (30) day period following the date of the opening of bids; that if the bid is accepted, the bidder will enter into the Contract with the Owner described in the IFB; that the bidder can and will submit a properly executed and authorized Standard Performance Bond and Standard Labor and Material Payment Bond on the forms included in the IFB. If the bidder withdraws its bid within the thirty (day) period following bid opening, fails to enter into the Contract, or fails to provide the required Standard Performance Bond and Standard Labor and Material Payment Bond within ten (10) days after the bidder’s receipt of notice of acceptance of its bid, the bidder and the bidder’s surety shall be jointly and severally be liable to the Owner for the difference between the amount specified in the bidder’s bid and such larger amount for which the Owner may contract with another party to perform the work covered by said bid, up to the amount of the bid guarantee of 5% of the bidder’s total bid amount, as the damage to the Owner resulting from the bidder’s default. See Code of Virginia §2.2-4336.

(b) Code of Virginia § 2.2-4338 contains provisions allowing for alternative forms of bid security in lieu of a Bid Bond. A bidder’s use of an alternative form of Security as listed in Code of Virginia § 2.2-4338.B must be approved by the Owner prior to the bidder’s submission of its bid on the Bid Receipt date and time to be accepted in lieu of a Bid Bond.

(c) The Bid Bond or other alternative bid security will be returned to all but the three lowest bidders after the formal opening of bids. The remaining Bid Bonds or bid security will be returned to the bidders after the Owner and the accepted bidder have executed the Contract and the required Standard Performance Bond and the Standard Labor and Material Payment Bond for the Contract have been received and approved by the Owner.

(d) If the Contract and required bonds have not been executed by the accepted bidder within thirty

(30) days after the date of the opening of the bids, then the Bid Bond or other bid security of any bidder will be returned upon a bidder’s request, provided the bidder has not been notified of the acceptance of its bid prior to the date of such request.

6. WITHDRAWAL OR MODIFICATION OF BIDS: Bids may be withdrawn or modified by written or telefaxed notice received at the designated location from bidders prior to the deadline fixed for bid receipt.

E-mail withdrawals and modifications are not acceptable. The withdrawal or modification may be made by the person who signed the bid or by an individual(s) who is authorized by the bidder on the face of the bid.

Written modifications may be made on the bid form itself, on the envelope in which the bid is enclosed, or on a separate document. Written modifications, whether the original is delivered or telefaxed, must be

(Rev. 07/22) Page 5 of 9 signed by the person making the modification or withdrawal. The modification must state specifically what is to be modified and by what amount or it must state the item to be modified and what the corrected amount should be.

7. RECEIPT OF BIDS:

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

(b) It is the responsibility of the bidder to assure that its bid and any bid modifications are delivered to the place designated for receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s responsibility to take into account all factors which may impact on its bid deliverer / courier’s ability to deliver the bid and to implement whatever actions are necessary to have the bid delivered to the proper bid receipt location prior to the bid receipt deadline. No bids or bid modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.

(c) The Bid Officer is the Owner's representative designated to receive bids at the time and place noted in the IFB and to open the bids received at the appointed time.

(d) The official time used for the receipt of responses is determined by reference to the clock designated by the Bid Officer. The Bid Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted. All bids and bid modifications in the possession of the Bid Officer and their assistants at the time the announcement is completed are deemed to be timely, whether or not the bid envelope has been physically date/time stamped or otherwise marked by the time the Bid Officer makes the deadline announcement.

(e) In the event the bid receipt occurs during a period of suspended state business operations, the receipt and opening will be delayed one business day.

8. OPENING OF BIDS:

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

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

(c) In the event the bid opening occurs during a period of suspended state business operations, the opening will be delayed until the next business day.

9. ERRORS IN BIDS: A bidder may withdraw its bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

In accordance with Code of Virginia § 2.2-4330(B)(2), the bidder must submit to the Owner its original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. Such work papers must be submitted in an envelope or package separate and apart

(Rev. 07/22) Page 6 of 9 from the envelope containing the bid and marked clearly as to the contents and shall be delivered to the Owner by the bidder in person or by registered mail prior to the time fixed for the opening of bids and may not be withdrawn until after the two-hour period (referred to later) has elapsed. The bids shall be opened at the time designated in the IFB, as amended by addendum. Bid opening is usually one day following the time fixed by the Owner for the submission of bids, but no sooner. Once the bids have been opened, the bidder shall have two (2) hours after the opening of bids within which to claim in writing any mistake as defined herein and withdraw its bid. The Contract shall not be awarded by the Owner until such two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered to the Owner prior to bid opening. This procedure in Code of Virginia § 2.2-4330(B)(2) shall not apply to when the entire bid is required to be submitted on a unit price basis.

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

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

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. The person or firm to whom the Contract was awarded and the withdrawing bidder are jointly liable to the Owner in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval.

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

10. REJECTION OF BIDS: The Owner reserves the right to cancel the IFB, to reject any and all bids at its sole discretion when such rejection is in the interest of the Owner, or to reject the bid of any bidder who is determined to be not responsive or not responsible. See Code of Virginia § 2.2-4319.

11. DETERMINATION OF RESPONSIBILITY

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

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

(a) sufficient financial ability to perform the contract as evidenced by the bidder's ability to obtain payment and performance bonds from an acceptable surety;

(b) appropriate experience to perform the Work described in the bid documents;

(c) any judgments entered against the bidder, or any officers, directors, partners or owners for breach of a contract for construction;

(d) any substantial noncompliance with the terms and conditions of prior construction contracts with a public body without good cause where the substantial noncompliance is documented; or

(e) a conviction of the bidder or any officer, director, partner, project manager, procurement manager, chief financial officer, or owner in the last five years of a crime relating to governmental or nongovernmental construction or contracting; and/or

(Rev. 07/22) Page 7 of 9

(f) any current debarment of the contractor, any officer, director or owner, from bidding or contracting by any public body of any state, any state agency, or any agency of the federal government.

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

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

12. AWARD OF CONTRACT

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

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

(b) Informalities: The Owner reserves the right to waive any informality in the bids when such waiver is in the interest of the Owner.

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

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

Award will be posted at the Agency’s standard location for posting notices as shown on the “Notice of Invitation to Bid”. In addition, the Agency may also post such notice on the Agency’s Website and/or the DGS central electronic procurement Website. Any bidder who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body no later than ten days after the posting of the Notice of Award or Notice of Intent to Award, whichever comes first. See Code of Virginia § 2.2-4360.

(Rev. 07/22) Page 8 of 9

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

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

14. CERTIFICATION: The bidder, by its signature on the Bid Form, certifies that neither its organization nor any of its officers, directors, partners or owners is currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government. See "Disqualification of Contractors" in the Bid Form.

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

Code of Virginia §2.2-4367 et seq., pertaining to bidders, offerors, contractors, and subcontractors are applicable to this project.

16. BUILDING PERMITS: Because this is a Project of the Commonwealth of Virginia, codes or zoning ordinances of local political subdivisions do not apply. However, the Virginia Uniform Statewide Building Code shall apply to the Work and shall be administered by the Building Official for State-owned Buildings.

The Building Permit will be obtained and paid for by the Owner. All other permits, local license fees, business fees, taxes, or similar assessments imposed by the appropriate political subdivision shall be obtained and paid for by the Contractor. See Section 25 of the General Conditions for utility connection fees and services.

17. UTILIZATION OF SMALL BUSINESSES: It is the policy of the Commonwealth of Virginia to maximize the participation of small businesses in state contracting. The participation of these businesses directly and through partnerships, joint ventures, subcontracts and other contractual opportunities may be encouraged for this Project based on the Owner’s requirements (if applicable) on the Bid Form. Bidders shall provide a Small Business Procurement Plan in conjunction with their sealed bid. The Small Business Procurement Plan shall identify the bidder’s proposed percentage of participation by small businesses in the Total Base Bid amount, and is indicated on the Bid Form. An entry on the line for “Contractor’s Proposed Small Business Participation” is required for the bid to be considered responsive. If the bidder is a DSBSD certified small business, the proposed percentage of small business participation shall be entered as 100%.

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

18. BID DOCUMENTS: Bid Documents are the property of the Owner and a deposit in an amount as stated in the Invitation for Bids is required for each paper set or for each set provided on removable electronic media as a guarantee of the safe return of the documents within ten (10) days of bid opening. This deposit will be refunded in full on not more than two paper sets or sets provided on removable electronic media to each bidder who submits a Contract bid and who returns the documents in good condition. Refund will be made on paper sets and sets provided on removable electronic media to non-bidders and Subcontractors in the amount of half of the deposit when the sets are returned in good condition within 10 days. A deposit is not required for downloading of electronic construction documents through an FTP site. A non-refundable shipping charge may be required for paper sets or sets provided on removable electronic media if stated in the Notice or the IFB.

19. GENERAL CONDITIONS: The General Conditions are incorporated in the bid documents. If a copy of the General Conditions is not included in the bid documents, the bidder may obtain a copy of the current edition of the General Conditions at no cost by written request to the A/E and/or the Agency where the bid

(Rev. 07/22) Page 9 of 9 documents are obtained. Copies may also be obtained from the DGS Forms Center (available online at http://forms.dgs.virginia.gov).

20. PREBID CONFERENCE: See the IFB for requirements for a prebid conference and whether such conference is mandatory or optional.

21. INSPECTION OF BID DOCUMENTS: Copies of the IFB documents including Plans and Specifications and the General Conditions will be available for inspection at the Agency, at the A/E's office, and at the locations listed in the Notice of the IFB.

22. DRUG-FREE WORKPLACE REQUIRED: Bidders are reminded that Code of Virginia § 2.2-4312 requires that the during the performance of the Contract resulting from this solicitation, the Contractor agrees to: (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every Subcontract or purchase order of over $10,000, so that the provisions will be binding upon each Subcontractor or vendor.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific Contract awarded to a Contractor in accordance with this solicitation, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

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

DGS-30- 090 CO-10.2

(Rev 07/21) Page 1 of 2

COMMONWEALTH OF VIRGINIA

STANDARD BID BOND

KNOW ALL MEN BY THESE PRESENTS: That , the Contractor (“Principal”) whose principal place of business is located at and (“Surety”) whose address for delivery of ‘Notices’ is located at are held and firmly bound unto the Commonwealth of Virginia, , the Owner (“Obligee”) in the amount of five percent (5%) of the Amount (Total Base Bid plus all Additive Bid Items) Bid by Principal, for the payment whereof, Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for

NOW, THEREFORE, the conditions of this obligation are as follows. This Bid Bond shall guarantee that the Principal will not withdraw his bid during the period of thirty (30) days following the opening of bids; that if his bid is accepted, Principal will enter into a formal contract with the Owner in accordance with the Contract Between Owner and Contractor, Form

CO-9, included as a part of the Invitation for Bids (IFB Documents); that Principal will submit a properly executed and authorized Standard Performance Bond and Standard Labor and Material

Payment Bond on the forms included in the IFB documents; and that in the event of the withdrawal of said bid within said period, or failure to enter into said contract and give said bonds within ten (10) days after Principal has received notice of acceptance of his bid, Principal and Surety shall be jointly and severally liable to the Owner for the difference between the amount specified in said bid and such larger amount for which the Owner may contract with another party to perform the work covered by said bid, up to the amount of the bid guarantee.

This amount represents the damage to the Owner of account of the default of the bidder in any particular thereof.

The Surety represents to the Principal and to the Obligee that it is legally authorized to do business in the Commonwealth of Virginia.

DGS-30- 090 CO-10.2

(Rev 07/21) Page 2 of 2

Signed and sealed this day of

Contractor / Principal (SEAL)

_________________________________________ By:_________________________________

Witness Typed Name:

Title:

Surety (SEAL)

By:_________________________________

Attorney-in-Fact

Typed Name:

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH / STATE OF )

CITY/COUNTY/TOWN of

I, the undersigned notary public, do certify that , whose name is signed to the foregoing bid bond in the amount of five percent (5%) of the Total Bid Amount and which names the Commonwealth of Virginia, , as

Obligee, personally appeared before me today in the above jurisdiction and made oath that he/she is the attorney-in-fact of , a corporation which is the Surety in the foregoing bond, that he/she is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the Power of Attorney noted above and attached hereto, and on behalf of the surety, he/she acknowledged the foregoing bond before me as the above

Surety’s act and deed.

She/he has further certified that her/his Power of Attorney has not been revoked.

[Complete if Power is recorded: Clerk’s Office: ;

Deed Book/Page No. or Instrument No.: .]

Given under my hand this day of .

Notary Public (SEAL)

My name (printed) is:

My registration number is:

My commission expires:

DGS-30-272

(Rev. 04/15)

PREBID QUESTION FORM

(Use separate Form for each question submitted.)

Date:

Project Title:

Project Code No.:

The following question concerns Drawing Sheet (number) :

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

All responses to questions will be made by Addendum.

Question submitted by:

Name Organization

Bidders shall submit form to:

Name Organization

Email address:

or

FAX No.: ( )

BID FORM

SEE AGENCY…