2024-07-29_PFRWTA MCC-6 Feeder Project_RFB2024-01_Technical Specifications_Final.pdf

Pepper’s Ferry

Regional Wastewater Treatment Authority

MCC-6 Feeder Project

RFB 2024-01

Specifications – Final Submission

July 2024

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Pepper’s Ferry

Regional Wastewater Treatment Authority

MCC-6 Feeder Project

RFB 2024-01

Specifications – Final Submission

July 2024

JULY 2024 00 01 10-1 PFRWTA PROJECT 2024-01

MCC-6 FEEDER PROJECT

SECTION 00 01 10

TABLE OF CONTENTS

DIVISION 00 − PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Title

00 11 00 Advertisement to Bidders

00 20 00 Instructions to Bidders

00 40 00 Bid Form

00 43 50 Bid Bond

00 51 00 Notice of Award

00 52 00 Agreement

00 55 00 Notice to Proceed

00 61 00 Performance Bond

00 61 50 Payment Bond

00 65 00 Certificate of Substantial Completion

00 72 00 General Conditions

00 73 00 Supplementary Conditions

DIVISION 01 − GENERAL REQUIREMENTS

Section Title

01 11 00 Summary of Work

01 14 00 Coordination with Owner's Operations

01 20 00 Measurement and Payment

01 25 00 Substitution Procedures

01 26 00 Contract Modification Procedures

01 29 73 Schedule of Values

01 29 76 Progress Payment Procedures

01 31 19 Project Meetings

01 32 00 Construction Progress Schedule

01 33 00 Submittal Procedures

01 35 20 Confined Space Entry Plan

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DIVISION 02 − EXISTING CONDITIONS

Section Title

02 41 00 Site Demolition

02 41 16 Demolition and Removal of Existing Structures and Equipment

Section Title

01 42 00 References

01 45 23 Testing Services Furnished by Contractor

01 51 00 Temporary Utilities

01 52 00 Construction Facilities

01 55 00 Contractor Access and Parking

01 57 00 Temporary Controls

01 61 00 Product Requirements and Options

01 65 00 Product Delivery Requirements

01 66 00 Product Storage and Protection Requirements

01 71 23 Field Engineering

01 71 33 Protection of Work and Property

01 73 00 Execution of Work

01 73 23 Anchorage and Bracing of Nonstructural Components

01 74 00 Cleaning and Waste Management

01 75 00 Checkout and Startup Procedures

01 77 19 Closeout Requirements

01 78 23 Operation and Maintenance Data

01 78 39 Project Record Documents

01 78 43 Spare Parts and Extra Material

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DIVISION 03 − CONCRETE

Section Title

03 15 00 Concrete Accessories

03 30 00 Cast-in-Place Concrete

03 60 00 Grout

DIVISION 04 − NOT USED

DIVISION 05 − NOT USED

DIVISION 06 – NOT USED

DIVISION 07 − THERMAL AND MOISTURE PROTECTION

Section Title

07 21 00 Expanding Foam Sealant

07 90 00 Joint Fillers, Sealants and Caulking

DIVISION 08 − NOT USED

DIVISION 09 − NOT USED

DIVISION 10 − NOT USED

DIVISION 12 − NOT USED

DIVISION 13 − NOT USED

DIVISION 21 − NOT USED

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DIVISION 22 − NOT USED

DIVISION 23 − NOT USED

DIVISION 26 − ELECTRICAL

Section Title

26 05 00 Basic Electrical Requirements

26 05 19 Low-Voltage Conductors and Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33.13 Conduit for Electrical Systems

26 05 33.16 Boxes for Electrical Systems

26 05 53 Identification for Electrical Systems

DIVISION 27 − NOT USED

DIVISION 28 − NOT USED

DIVISION 31 − EARTHWORK

Section Title

31 00 01 Earthwork

31 05 16 Aggregate Materials

31 05 19 Geotextiles

DIVISION 32 − EXTERIOR IMPROVEMENTS

Section Title

32 10 00 Paving and Surfacing

32 11 00 Surface Restoration

32 90 00 Final Grading and Landscaping

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DIVISION 33 − UTILITIES

Section Title

33 71 19 Underground Electrical

DIVISION 35 − NOT USED

DIVISION 40 − NOT USED

DIVISION 41 − NOT USED

DIVISION 43 − NOT USED

DIVISION 44 − NOT USED

DIVISION 46 − NOT USED

APPENDICES

A. Report of Subsurface Exploration and Geotechnical Analysis (2017)

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SECTION 00 11 00

ADVERTISEMENT FOR BIDS

PEPPER’S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY

RFB NO. 2024-01

Sealed Bids will be received by the Pepper’s Ferry Regional Wastewater Treatment Authority, hereinafter called the OWNER, at the Administration Building at the Pepper’s Ferry Wastewater Treatment Facility, 7797 Mason Street, Radford (Fairlawn), VA 24141 until 2:00 PM local prevailing time on Wednesday, September 4th, 2024 and then at said office be publicly opened and read aloud for the following:

GENERAL CONSTRUCTION:

A. Furnish and install a new below grade electrical ductbank to connect yard electrical manhole to the Solids Handling Building.

1. Repair disturbed ground and pavement per Drawings and Specifications.

B. Furnish and install conduit to MCC-6 B-Side Feeder inside of Solids Handling

Building.

C. Furnish and install wire from SWGR-MAIN through new and existing ductbank and connect to MCC-6 B-Side Feeder.

The foregoing description shall not be construed as a complete description of all work required.

Each Bid must be made on the blank forms provided in the CONTRACT DOCUMENTS and must be enclosed in a sealed envelope and the envelope marked: “MCC-6 Feeder

Project, RFB No. 2024-01”. Each Bid must be accompanied by a Bid security which shall not be less than five (5%) percent of the Bid amount. No bidder may withdraw their Bid within 90 days after the date of Bid opening.

The attention of all bidders is called to the provisions of the State Law governing General Contractors and Sub-Contractors as set forth under Title 54.1, Chapter 11, Code of Virginia, as amended. Bidders shall be governed by the provisions of said law insofar as they are applicable. The above-mentioned provisions of the Code prevent the Authority from considering a bid from anyone who is not licensed in accordance with the provisions of the Code. The Authority will therefore, not consider any bid unless the bidder produces evidence that he is duly licensed and registered in accordance with the provisions of the Code of Virginia.

A separate performance bond and payment bond each in an amount equal to one hundred percent (100%) of the Contract price will be required. Carriers must be authorized to do business in the Commonwealth of Virginia.

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The Owner reserves the right to reject any Proposal for failure to comply with all requirements of this Notice or of any of the Contract Documents; however, it may waive any minor defects or informalities at its discretion. The Owner further reserves the right to reject any and all Proposals or to Award the contract which in its judgment is in the best interest of the Owner.

Pursuant to VA Code Section 2.2-4318, the Authority reserves the right, in the event that the bid from the lowest responsible bidder exceeds available funds, to negotiate with the lowest responsible bidder to obtain a contract price within available funds, which negotiations may include, but not be limited to, modifications to the scope of work, materials and equipment to be furnished, time for performance, price and other such terms as the Executive Director deems appropriate.

Contract Documents may be examined at the following locations:

• Pepper’s Ferry Regional Wastewater Treatment Facility, 7797 Mason Street, Radford (Fairlawn), VA 24141 (by appointment only);

Digital copies of the bid documents are available at no charge and upon request by emailing Nicole McDermott at nmcdermott@hazenandsawyer.com. Include the “MCC-6

Feeder Project, RFB No. 2024-01” in the subject line of your email request.

Copies of the Contract Documents may be obtained at the office of Hazen and Sawyer, located at 4035 Ridge Top Road, Suite 500, Fairfax Virginia 22030, upon payment according to the following table:

Full Size Plans + Specifications $150 + $25 shipping/handling

Half Size Plans + Specifications $100 + $25 shipping/handling

CD-ROM (PDF and DWF with viewer) $30 + $15 shipping/handling **

Additional Full Size Plan Prints $2.50 per sheet

Additional Half Size Plan Prints $2.00 per sheet

Additional Specification Pages $1.00 per page

** Shipping/handling costs for a CD-ROM will be waived if included with full or half size plan purchase

Return of the documents is not required and the amount paid for the documents is not refundable. Questions should be directed to Nicole McDermott at nmcdermott@hazenandsawyer.com.

Neither the Owner nor the Engineer will be responsible for full or partial sets of Contract Documents, including any Addendum, obtained from any other source.

A mandatory pre-bid conference will be held on August 14th, 2024 at 10:00 AM local time to review the scope of work and clarify any aspect of the work that may be in question.

The pre-bid conference will be held in the conference room at the Administration Building, located at 7797 Mason Street, Radford (Fairlawn), VA 24141. All potential bidders planning to join the pre-bid meeting must notify the OWNER’s Director of Sustainability and Fixed Assets, Mike Hutchison, via email mhutchison@pfrwta.com at least 48-hours in advance of the pre-bid meeting. Include the “MCC-6 Feeder Project, RFB No. 2024- 01– Pre- Bid Conference” in the subject line of your email request.

mailto:nmcdermott@hazenandsawyer.com mailto:mhutchison@pfrwta.com

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One site visit will be held to allow potential bidders an opportunity to view the facilities prior to submitting a proposal. The site visit will be held immediately following the pre-bid conference at 10:00 AM local time on August 14th, 2024. Offerors must attend site visit.

Bidders will not be allowed to ask questions during the site visit.

Potential bidders planning to join the site visit must notify the Pepper’s Ferry Regional Wastewater Treatment Authority Director of Sustainability and Fixed Assets, Mike

Hutchison, via email mhutchison@pfrwta.com at least 48-hours in advance of the visit.

Include the “MCC-6 Feeder, RFB No. 2024-01 – Pre-Bid Site Visit” in the subject line of your email request and provide the names of individuals attending the site visit.

Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed or national origin, and so certify with the form included in the Proposal. Bidders must comply with the President’s Executive Order #11246, prohibiting discrimination in employment regarding race, color, creed, sex, or national origin, and Executive Order #12138 and #11625 regarding utilization of MBE/WBE firms. Bidders must comply with the Civil Rights Act of 1964.

END OF ADVERTISEMENT FOR BIDS

mailto:mhutchison@pfrwta.com

JULY 2024 00 11 00-4 PFRWTA PROJECT 2024-01

JULY 2024 00 20 00-1 PFRWTA PROJECT 2024-01

SECTION 00 20 00

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

1.1 Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. The Issuing Office for this project is Hazen and Sawyer, 4035 Ridge Top Rd., Suite 500, Fairfax VA, 22030.

2. COPIES OF BIDDING DOCUMENTS

2.1 Complete sets of the Bidding Documents in the number and for the deposit sum stated in Section 00 11 00 – Advertisement for Bids may be obtained from the Issuing Office. The deposit will be non-refundable.

2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither

Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

3. QUALIFICATIONS OF BIDDERS

To demonstrate their qualifications for the Project, each Bidder shall submit with their Proposal satisfactory proof of their qualifications to perform in a satisfactory manner and within the time specified in the Proposal, all of the work covered by the Contract Documents. Bidder shall submit, among other items, information and evidence with respect to the following:

3.1 That they have a well-trained and competent organization which has done work of similar character and value;

3.2 That they will have available to do the work at the proper time or times, adequate equipment and facilities listing such equipment and facilities in such detail that they can be quickly and accurately checked;

3.3 That they have ample repair parts and supplies to maintain all equipment and facilities properly and with a minimum of delay;

3.4 If the Bidder is a corporation, the names of all corporate officers and the name of the executive who will give their personal attention to the work;

3.5 Detailed financial information relating to the resources of the Bidder.

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3.6 The Contractor shall perform work amounting to at least 50% of the Contract, using their own personnel and equipment (owned or rented). No portion of the Contract shall be sublet, assigned, or otherwise disposed of without the expressed written consent of the Owner. If the Contractor fails to demonstrate to the Owner in its Bid submittal information that they have the ability to perform the specified percentage of the Work with their own personnel and equipment, their Bid may be considered non-responsive. The Contractor shall submit with its Bid, data supporting its ability to comply with this requirement.

Forms for submitting data and information relating to the financial responsibility of the Bidder are attached to the Bid form and Bidders are required to use such forms for the purpose intended. All information will be kept strictly confidential and used in determining whether the Bidder is qualified to do work set forth in the Contract Documents.

4. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.1 Before submitting their Bid, each Bidder must:

4.1.1 Examine the Bidding Documents thoroughly;

4.1.2 Visit the site to familiarize themselves with local conditions that may in any manner affect performance of the work;

4.1.3 Familiarize themselves with federal, state, and local laws, ordinances, rules and regulations affecting performance of the work;

4.1.4 Carefully correlate their observations with the requirements of the Bidding

Documents; and

4.1.5 Notify Engineer of all conflicts, errors, or discrepancies in the Bidding

Documents.

4.1.6 A site visit will be held to allow potential bidders an opportunity to view the facilities prior to submitting a proposal. The site visit will be held immediately following the pre-bid conference at 10:00 AM local time on August 14th, 2024. Offerors must attend site visit. Bidders will not be allowed to ask questions during the site visit.

Any additional site visits may be requested and shall only occur in the company of an authorized representative of the Owner with appointments made through the Director of Sustainability and Fixed Assets, Mike Hutchison, at (540) 639-3947.

4.2 Subsurface and Physical Conditions. The Supplementary Conditions identify:

4.2.1 Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

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4.2.2 Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

4.2.3 Copies of reports and drawings referenced in Paragraph 4.2.1 and 4.2.2 will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, except as noted in the Supplementary Conditions, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.2.4 Underground Facilities. Information and data shown or indicated in the

Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.2.5 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. Before submitting their Bid, each Bidder will, at their own expense, make such additional surveys and investigations as they may deem necessary to determine their Bid Price for performance of the work within the terms of the Contract Documents. Any Bidder desiring access to the site for the purpose of additional subsurface Investigations must advise the Owner through the Director of Sustainability and Fixed Assets, Mike Hutchison, at (540) 639-3947for coordination of access. Prior to the Contractor doing any additional subsurface investigations, they must obtain written permission from the Owner. The Contractor shall be responsible for any damage (including damage to any underground utility) as a result of additional subsurface investigations. All Contractor investigations and restorations shall be completed no later than 7 days prior to the bid date.

4.3 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally

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sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

5. PRE-BID CONFERENCE

5.1 A mandatory Pre-Bid conference will be held August 14th, 2024, at 10:00 AM local time at the Pepper’s Ferry Regional Wastewater Treatment Authority in the Administration Building at the Pepper’s Ferry Regional Wastewater Treatment Plant, 7797 Mason Street, Radford (Fairlawn), Virginia 24141. Bidders are required to attend in person. Instructions for participation are stated in Section 00 11 00 – Advertisement For Bids. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

6. SITE AND OTHER AREAS

6.1 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents.

7. INTERPRETATIONS AND ADDENDA

7.1 All questions about the meaning or intent of the Contract Documents shall be submitted in writing to Hazen and Sawyer at 4035 Ridge Top Road, Suite 500, Fairfax, VA, 22030, Attn: Nicole McDermott. Questions may be submitted via email to Nicole McDermott at nmcdermott@hazenandsawyer.com . Include the “MCC-6 Feeder Project, RFB No. 2024-01” in the subject line of the email request. Replies will be issued by Addenda mailed or emailed to all parties recorded by the Engineer as having received the bidding documents. Questions received less than seven

(7) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.2 Addenda, when issued, will be on file at the offices of the Owner and Engineer at least forty-eight (48) hours before Bids are opened. It shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

8. BID SECURITY

Each Bid must be accompanied by a Bid security which shall not be less than five (5%) percent of the Bid amount. The required security must be in the form of cash, a certified or bank cashier's check on some bank or trust company insured by the Federal Deposit Insurance Corporation made payable to Owner, or a Bid Bond issued by a surety licensed to conduct business in the state where the Project is located. The Bid security of the successful Bidder will be retained until they have executed the Contract and furnished the required Contract security, whereupon it will be returned; if they fail to execute and deliver the Contract and furnish the required Contract security within fifteen (15) calendar days of

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the Notice to Award, Owner may annul the Notice of Award and the Bid security of the Bidder will be forfeited. The Bid security of any other Bidder whom Owner believes to have a reasonable chance of receiving the Award may be retained by Owner until the earlier of (1) the seventh day after the executed Contract is delivered by the Owner to Contractor and the required Contract security is furnished or (2) the ninety-first day after Bid opening. Bid security of other Bidders will be returned within ten (10) days of the Bid opening.

9. CONTRACT TIME

The number of days for completion of the work (the Contract Time) is set forth in the Agreement. The Contractor shall commence work on the date specified in the Notice to Proceed, and they shall complete the work within the stipulated Contract time, including stipulated interim completion dates.

10. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Agreement.

11. SUBSTITUTE AND “OR-EQUAL” ITEMS

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

12. SUBCONTRACTORS

12.1 The apparent low Bidder and any other Bidder so requested shall within thirty (30) days after the Bid opening submit to the Owner an experience statement with pertinent information as to similar projects and other evidence of qualifications for each identified Subcontractor, person or organization who will furnish labor or materials including the names of equipment manufacturers. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, other person or organization, they may before giving the Notice of Award request the apparent low Bidder to submit an acceptable substitute without an increase in their Bid Price. Any Subcontractor, other person or organization so listed and to whom the Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. This does not remove responsibilities for said Subcontractor, supplier, etc., to comply with the Contract Specifications.

12.2 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the

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Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.3 Contractor shall not be required to employ any Subcontractor, other person or organization against whom they have reasonable objection.

13. PREPARATION OF BID

13.1 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer.

13.2 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each lump sum bid item, unit price item, alternative, and listed therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not Applicable” may be entered.

13.3 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.4 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.5 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.6 A Bid by an individual shall show the Bidder’s name and official address.

13.7 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.8 All names shall be printed in ink below the signatures.

13.9 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

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14. BASIS OF BID; COMPARISON OF BIDS

14.1 Lump Sum. Bidders shall submit a Bid on a lump sum basis for the base Bid.

Unnamed Alternates and their respective deductions, as entered in the Major Equipment Table by the Bidder, will be evaluated after the award of the contract.

15. SUBMITTAL OF BID

15.1 The Bid Form is to be completed and submitted with the Bid security and the following documents:

a. Required Bid security in the form of Bid Bond or other allowed security;

b. Evidence of authority to do business in the state of the Project;

c. Contractor’s License No.: ____________; and

d. Required Bidder Qualification Statement with Supporting Data.

Failure to submit all of the above forms with the Proposal shall be just cause for rejection of the Proposal by the Owner.

15.2 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, Bidder’s VA Contractor License Number, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to:

Note: Mailing address below applies only for FedEx/UPS Delivery. US Mail is not delivered to this address.

Attn: Mr. Mike Hutchison Pepper’s Ferry Regional Wastewater Treatment Authority 7797 Mason Street Radford (Fairlawn), VA 24141

Proposals sent by mail and arriving after the time for opening of Bids shall not be considered as valid Bids. In such instances, the Bidder shall have no claim against the Owner. Bids submitted via email or fax shall not be considered valid bids.

15.3 The successful bidder will be required to furnish, through an authorized agent in the State of Virginia, a Performance Bond, Labor and Material Payment Bond, Employer’s Liability and Workmen’s Compensation Insurance, Public Liability and Property Damage Insurance, Comprehensive General Liability, Special Hazards and Perils, Comprehensive Automobile Liability Insurance, and shall furnish proof of carriage of all of the above insurance as set out in detail under “General Conditions” of these Specifications. The Performance Bond and the Labor and

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Material Bond must be countersigned by an agent whose office is located in the State of Virginia, and who is authorized to do business in the State of Virginia.

16. MODIFICATION AND WITHDRAWAL OF BIDS

16.1 Written or telegraphic modifications (email or fax) of Bids may be accepted if received in accordance with the requirements for the submission of bids as provided in Article 10 above. Bidders are cautioned that if in the opinion of the Owner or the Engineer such modifications are not explicit, or are in any sense subject to misinterpretation, then the bid so amended or modified will be subject to rejection.

16.2 Any Bidder upon their properly notarized written request will be given permission to withdraw their bid prior to the time scheduled for the opening of Bids. At the time of opening of the Bids, when such Bid is included, it will be returned to the Bidder unread. Negligence on the part of the Bidder in preparing their Bid confers no right for the withdrawal of the Bid after it has been opened.

17. OPENING OF BIDS

17.1 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternate bid items will be made available to Bidders after the opening of Bids.

18. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.1 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

19. EVALUATION OF BIDS AND AWARD OF CONTRACT

19.1 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities regarding minor math errors and not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.2 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

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19.3 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.4 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.5 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.6 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose

Bid is in the best interests of the Project.

20. CONTRACT SECURITY AND INSURANCE

20.1 Article 5 of the General Conditions, as may be modified by the Supplementary

Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

21. SIGNING OF AGREEMENT

21.1 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

22. TAXES

22.1 Pursuant to Article 5, Section 58.1, Code of Virginia, certain equipment and facilities may be exempt from Virginia state sales and use taxes. The Bidder is referred to Paragraph 6.10 of the Supplementary Conditions for information regarding whether the Project, or portion of the Project, is exempt from Virginia state sales and use taxes. If there is no information given in the Supplementary Conditions, the Project is not exempt from Virginia states sales and use taxes.

23. LAWS OF THE COMMONWEALTH

23.1 Any purchase order or contract resulting from this solicitation shall be governed in all respects whether as to validity, construction, performance, or otherwise by the

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laws of the Commonwealth of Virginia. The Contractor providing goods or services to the Owner under this contract assures the Owner that it is:

23.1 A. Conforming to the provisions of the Civil Rights Act of 1964, as amended, the Virginia Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights Act, as amended, where applicable;

23.1 B. Not employing illegal alien workers or otherwise violating the provisions of the

Immigration Reform and Control Act of 1986;

23.1C. Complying with federal, state and local laws and regulations applicable to the performance of the services procured; and

23.1 D Submitting the bid or proposal in full compliance with the Virginia Conflict of Interest Act.

23.2 In every contract of over $10,000, the Contractor agrees during the performance of this contract that:

23.2 A. The Contractor (1) will not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor, (2) will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, and (3) will state that the Contractor is an equal opportunity employer in all solicitations or advertisements for employees placed by or on behalf of the Contractor under this contract. All 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;

23.2 B The Contractor will include the provisions of the foregoing subparagraph

23.2 A in every subcontract or purchase order under this Contract of over $10,000, so that the provisions will be binding upon each subcontractor or vendor; and

23.3 In every contract of over $10,000, the Contractor agrees during the performance of this contract that:

The Contractor shall A) provide a drug-free workplace for its employees; B) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in its workplace and specify the actions which will be taken against any employee for a violation; C) state in all of its solicitations or advertisements for employees that it maintains a drug-free workplace; and D) include the provisions of this sub-paragraph in every subcontract or purchase order of over $10,000, so that said provisions shall be binding upon each subcontractor or vendor.

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For purposes of this sub-paragraph, "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 the provisions of the Virginia Public Procurement Act, 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.

23.4. In addition to the provisions contained in 23.3, above. pertaining to drug-free place, Contractor shall comply with the federal Drug Free Workplace Act.

23.5. Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, in all invitations to bid, requests for proposals, contracts, and purchase orders, the Owner does not discriminate against faith-based organizations.

"Faith-based Organization" means a religious organization that is or applies to be a contractor to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193.

If Contractor is a faith-based organization, then Contractor shall give to each individual who applies for or receives goods, services, or disbursements provided pursuant to this Agreement the following notice:

NOTICE

Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, as an applicant for or recipient of goods, services, or disbursements provided pursuant to a contract between the Owner and a faith-based organization, you are hereby notified as follows:

Neither the Owner's selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify Mike Hutchison, Director of Sustainability and Fixed Assets, Pepper’s Ferry Regional Wastewater Treatment Authority.

23.6 Certifications

The Contractor certifies that:

1. The bid or offer (1) is made without prior participation, understanding, agreement, or connection with any corporation, firm or person submitting a bid/offer for the same materials, supplies, equipment, or services with respect to the allocation of the business afforded by or resulting from the acceptance of the bid or proposal, (2) is in all respects fair and without collusion or fraud, and (3) is or is intended to be competitive and free from

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any collusion with any person, firm or corporation;

2. The Contractor has not offered or received any kickback from any other bidder or Contractor, supplier, manufacturer, or subcontractor in connection with the bid/offer on this solicitation. A kickback is defined as an inducement for the award of a contract, subcontracts or order, in the form of any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. Further, no person shall demand or receive any payment, loan, subscription, advance, and deposit of money, services or anything of value in return for an agreement not to compete on a public contract;

3. The Contractor is not a party to nor have they participated in nor is obligated or otherwise bound by agreement, arrangement or other understanding with any person, firm or corporation relating to the exchange of information concerning bids, prices, terms or condition upon which the contract resulting from the acceptance of their bid proposal is to be performed;

4. The Contractor understands that collusive bidding is a violation of the Virginia

Governmental Frauds Act and federal Law, and can result in fines, prison sentences, and civil damage awards and agrees to abide by all conditions of this proposal; and

23.7 The Contractor or subcontractor has not and will not confer on any public employee having official responsibility for a procurement transaction 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 is exchanged.

END OF INSTRUCTIONS TO BIDDERS

JULY 2024 00 40 00-1 PFRWTA PROJECT 2024-01

SECTION 00 40 00

BID FORM

TABLE OF ARTICLES

Article 1 - Bid Recipient

Article 2 - Bidder’s Acknowledgements

Article 3 - Bidder’s Representations

Article 4 - Bidder’s Certifications

Article 5 - Basis of Bid

Article 6 - Certified List of Subcontractors

Article 7 - Certification of Equipment/Materials Manufacturers

Article 8 - Time of Completion

Article 9 - List of Required Attachments to this Bid

Article 10 - Defined Terms

Article 11 - Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Pepper’s Ferry Regional Wastewater Treatment Authority

Regional Wastewater Treatment Plant

7797 Mason Street

Radford (Fairlawn), VA 24141

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the price(s) and within the times indicated in this Bid and in accordance with the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to

-0

-2

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acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

2.02 Bidder understands that Owner reserves the right to reject any or all Bids, as determined by the

Owner based on the best interest of the Owner.

2.03 Bidder understands that if a Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder for the Total Base Bid. Contract will be awarded with or without additive or deductive pricing for any combination of Deduct Items as determined by the Owner based on the best interest of the Owner. It is acknowledged that the Owner’s selection of

Deduct Items may impact the determination of the lowest responsible, responsive Bidder, and that such selection is solely the right and at the discretion of the Owner.

2.04 Bidder has indicated Bidder’s choice by circling the name of the equipment manufacturers and system suppliers which the Bidder proposes to furnish on the Major Equipment Schedule below.

The Bidder understands that upon award of the Contract the equipment of the circled named manufacturer or system supplier shall be furnished unless an unnamed alternative manufacturer or system is accepted by the Owner. Upon award of the Contract, the circled named equipment shall be furnished unless changes are specifically authorized by the Owner. Substitutions shall be confirmed by execution of a change order.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, if any, and the following Addenda, receipt of all of which is hereby acknowledged.

Addendum

No.

Date

Received

Addendum

No.

Date

Received

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that

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have been identified in Section 01 11 00 – Summary of Work as containing reliable “technical data”.

E. Bidder has considered the information known to Bidder, information commonly known to contractors doing business in the locality of the Site, information and observations obtained from visits to the Site, the Bidding Documents, and the Site-related reports and drawings identified in the Bidding Documents with respect to the effect of such information, observations, and documents on:

1. The cost, progress and performance of the Work.

2. The means, methods, techniques, sequences and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder.

3. Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required and in accordance with the other terms and conditions of the Bidding

Documents.

G. Bidder is aware of the general nature of work (if any) to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by

Engineer is acceptable to Bidder.

I. Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATIONS

4.01 Bidder certifies that:

A. This Bid is genuine and is not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation.

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

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D. Bidder has not engaged in corrupt, fraudulent, collusive or coercive practices in competing for the Contract. For the purposes of the Paragraph 4.01.D.

1. “Corrupt practice” means the offering, giving, or soliciting of anything of value likely to influence the action of a public official in the bidding process

2. ”Fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

3. “Collusive practice” means to scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

4. “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

A. BIDDER shall include in Part A and Part B all work in the scope of Work identified in the

Contract Documents to make a complete and operable facility. Part A and Part B of the Total

Base Bid Amount shall be identified in the components as described below. Submission of a bid that is determined by the Owner to be unbalanced among the components shall be cause for determining a bid to be unresponsive.

1. Bid Amount for Work

BID ITEMS SCHEDULE

ITEM DESCRIPTION B. TOTAL AMOUNT

1. All work to complete the project associated with and at the MCC-6 Feeder Project as described in the Contract…