23041 As-Bid Specifications 2024.05.23-Vol 1 (002).pdf

PROJECT MANUAL

FOR

CITY OF LYNCHBURG

REHABILITATE RUNWAY 4-22

BID NO. 2025-001

AS-BID

VOLUME 1 OF 2

MAY 2024

PROCUREMENT DIVISION

3RD FLOOR CITY HALL

900 CHURCH STREET

LYNCHBURG, VA 24504

TELEPHONE (434) 455-3970

FAX (434) 845-0711

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TABLE OF CONTENTS

Page # VOLUME 1

Bidding Requirements

Advertisement for Bids

Bid Form

Election of Escrow Account Procedure for Retainage

Equal Opportunity Report Statement

Statement of Experience

Statement of Available Resources

Corporate Status Form

Questions to Bidders/Offerors

Construction Agreement

City of Lynchburg, Virginia Standard Performance Bond

City of Lynchburg Standard Labor and Material Payment Bond

Escrow Agreement

Instructions to Bidders

General Conditions

Supplemental A – Other Required Bid Forms

Certification Regarding Federal Contract Language

Certification of Compliance with FAA Buy American Preference

Certifications Regarding Debarment

Certification Regarding Lobbying

Certification Regarding Trade Restriction

Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions

Disadvantaged Business Enterprise Utilization – Bid Alternates One (1) and Two (2)

DBE Letter of Intent – Bid Alternates One (1) and Two (2)

Subcontractor List – Bid Alternates One (1) and Two (2)

Certification of Non-Collusion

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Supplemental B – Other Contract Forms

Federally Required Contract Provisions for AIP-Funded Projects

Davis-Bacon Wage Rates

Part 1 – General Contract Provisions (FAA)

Supplemental C – Sample Contract-Related Documents

Warranty of Construction

Lien and Claims Release

Certificate of Substantial Completion

Certificate of Final Acceptance

Supplemental D – Electronic File Release Agreement

Special Provisions

Technical Specifications

Appendices

Sample Submittal Form

Construction Safety and Phasing Plan

Geotechnical Report

VOLUME 2

ADVERTISEMENT FOR BIDS

Project Name: Rehabilitate Runway 4-22 Airport: Lynchburg Regional Airport Location: Lynchburg, Virginia

Sealed bids for furnishing all labor, materials, and equipment and performing all work for the above items will be received by the City of Lynchburg, Procurement Division, 3rd Floor City Hall, 900 Church Street, Lynchburg, Virginia 24504, until 3:00 PM local time, Tuesday, June 25, 2024, and then publicly opened and read, in the Bidder's Room, Third Floor, City Hall.

Rehabilitation of Runway 4-22 at the Lynchburg Regional Airport includes pavement and airfield electrical.

Bid Documents may be viewed and printed directly from the City's Procurement website:

https://www.lynchburgva.gov/bids.aspx.

Plans, Specifications, and other Contract Documents are open to the public for viewing at the City Procurement website: https://www.lynchburgva.gov/bids.aspx.

A Pre-Bid meeting has been scheduled for 11:00 AM, Thursday, June 6, 2024, at the Lynchburg Regional Airport, 350 Terminal Dr Suite 100, Lynchburg, Virginia 24502.

The successful bidder must comply with requirements set out in the contract documents including all Federally Required Contract Provisions including but not limited to the Buy American Preference, Foreign Trade Restrictions, Davis Bacon Requirements, Affirmative Action Requirements, Government wide Debarment and Suspension, Government-wide Requirements for a Drug-free Workplace, and Non- Segregated Facilities Requirements.

The successful bidder shall commence work with adequate force and equipment on a date to be specified in a written order of the City of Lynchburg and shall complete work within the time prescribed in the contract documents.

All requests for clarification of or questions regarding this Advertisement for Bid or for additional information must be made in writing to Christy Moyers at christy.moyers@lynchburgva.gov and received by noon, Tuesday, June 18, 2024. All addenda should be signed and accompany any bid submitted.

The City of Lynchburg, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The City of Lynchburg reserves the right to reject any or all bids, to waive informalities, and to re-advertise.

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mailto:christy.moyers@lynchburgva.gov

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Page Intentionally Blank

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BID FORM

Christy Moyers Procurement Division City of Lynchburg Third Floor, City Hall 900 Church Street Lynchburg, Virginia 24504

Dear Christy Moyers:

The undersigned, as bidder, hereby declares that the only persons interested in this bid as principal, or principals, is or are named herein and that no person other than herein mentioned has any interest in this bid or in the Construction Agreement to be entered into; that this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud.

The undersigned, having visited and examined the site and having carefully studied all the Contract Documents, including without limitation, all drawings and specifications pertaining to Rehabilitate Runway 4-22 for the City of Lynchburg, Virginia, hereby proposes to furnish all labor, equipment, materials, and services and to perform all operations necessary to execute and complete the Work required for the project, in strict accordance with the Contract Documents and The City of Lynchburg Manual of Specifications and Standard Details, latest edition, together with Addenda numbered ______________ through ______________ issued during bidding period and hereby acknowledged, subject to the terms and conditions of the Construction Agreement for the sum of

_______________________________________________________________DOLLARS

($_________________________), which shall be referred to hereinafter as Alternate 1.

_______________________________________________________________DOLLARS

($_________________________), which shall be referred to hereinafter as Alternate 2.

It is understood and agreed that the Owner, in protecting its best interests, reserves the right to reject any or all bids or waive any defects. Any changes, erasures, modifications, deletions in the bid form, or alternate proposals not specified in the Advertisement for Bids may make the bid irregular and subject to rejection.

Contractors will indicate a unit price for each item listed below. If the Construction Agreement is for a lump sum price, unless clearly and specifically indicated otherwise in the Contract Documents, all unit

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prices only apply to changes in the Work. The listed bid items are to contain all necessary costs required for completion of the Work in accordance with the Contract Documents.

If the Construction Agreement is for unit prices and not for a lump sum price, it is understood that all quantities listed on the following pages are estimated quantities, and the Owner reserves the right to raise, lower, or eliminate any quantity or item, and in any case, the unit prices shall be used in determining partial and final payment. It is further understood that costs to cover all components of the Work as described in the Contract Documents are included in this bid, even in cases where specific line items are not identified.

We are properly equipped to execute all work of the character and extent required by the Contract Documents, and we will enter into the Construction Agreement for the execution and completion of the Work in accordance with the Contract Documents; and we further agree that, if awarded the Construction Agreement, we will commence the Work on the date stated in the "Notice to Proceed" and will maintain a work force large enough to execute the Work and all obligations no later than the completion date stated in the Contract Documents.

Enclosed herewith is the following Security, offered as assurance that the undersigned will enter into the Construction Agreement for the execution and completion of the Work in accordance with the Contract Documents:

Bidder's Certified Check issued by _______________________________________ (name of bank) in the amount of:

$____________________________ (5% of Base Bid amount)

Bidder’s Bid Bond for 5% of Base Bid Amount Issued by _______________________________________ (name of surety authorized to do business in Virginia).

The undersigned hereby agrees, if awarded the Construction Agreement, to execute and deliver to the City within ten (10) days after his receipt of the Notice of Award, a performance bond, and a payment bond, in forms satisfactory to the City, from sureties authorized to do business in Virginia satisfactory to the City, in the amount of one hundred (100) percent of the Base Bid.

The undersigned further agrees that, in case of failure on his part to execute the said Construction Agreement within the ten (10) days after written notice being given on the award of the Construction Agreement or the failure to deliver the required performance and payment bonds within the ten (10) days, the monies payable by the Security accompanying this bid shall be paid to the City of Lynchburg, Virginia, as liquidated damages for such failure; otherwise the Security accompanying this Bid shall be returned to the undersigned.

The undersigned further agrees that, if awarded the contract, it will commence the work not later than ten (10) days from receipt of the Notice to Proceed and that it will complete the work within the time stipulated in this proposal.

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It is understood that for each calendar day that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME) liquidated damages will be assessed in accordance with the Special Provisions and will be deducted from any money due or to become due to the Contractor or its Surety.

Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in its contract.

Attached herewith are completed Statement of Experience and Statement of Resources forms which include the information requested.

The undersigned further certifies that this bid is not the result of, or affected by, any act of collusion with another person engaged in the same line of business, or any act punishable under the Virginia Governmental Frauds Act, or other law. This bid remains valid and may not be withdrawn for a period of 60 days from this date.

CURRENT VIRGINIA CONTRACTOR’S LICENSE/ REGISTRATION NO.: ______________________________

Respectfully submitted, CONTRACTOR

DATE

ADDRESS

Email

BY: _____________________________________________

(Signature)

(Type/Print)

ITS: ____________________________________________

(Title)

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BID PRICING SHEET

Date:

Bid Proposal Summary For All Work Depicted In The Plans And Specifications

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

C-100 1 LS

PER LUMP SUM

C-102 1,500 LF

PER LINEAR FOOT

C-102 3 EA

PER EACH

C-102 1 EA

PER EACH

C-102 1 EA

PER EACH

C-102 2 EA

PER EACH

C-102 1,200 LF

PER LINEAR FOOT

C-105 1 LS

PER LUMP SUM

P-101 28,000 SY

PER SQUARE YARD

P-101 68 EA

PER EACH

BID ALTERNATE ONE (1)

APPROX.

QUANTITY

TEMPORARY DIVERSION DIKE

MOBILIZATION

COLD MILLING (VARIABLE DEPTH)

REMOVE BASE MOUNTED HIRLS

CONTRACTOR QUALITY CONTROL PROGRAM (CQCP)

INSTALLATION AND REMOVAL OF SILT FENCE

STONE CONSTRUCTION ENTRANCE

CHECK DAM

CULVERT INLET PROTECTION

TEMPORARY SEDIMENT TRAP

Bid Form - Bid Alternate One (1) Rehabilitate Runway 4-22 | 23041 - LYH PM - 9

Bid Proposal Summary For All Work Depicted In The Plans And Specifications

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

BID ALTERNATE ONE (1)

APPROX.

QUANTITY

P-101 8 EA

PER EACH

P-101 16 EA

PER EACH

P-101 8 EA

PER EACH

P-101 50,200 LF

PER LINEAR FOOT

P-101 36 EA

PER EACH

P-101 5 EA

PER EACH

P-101 2 EA

PER EACH

P-101 2 EA

PER EACH

P-101 90 SY

PER SQUARE YARD

P-101 3 EA

PER EACH

REMOVE IN-PAVEMENT EDGE LIGHTS

REMOVE RUNWAY THRESHOLD LIGHTS

REMOVE THRESHOLD HOUSEKEEPING PAD

REMOVE CONSTANT CURRENT REGULATOR

REMOVE RUNWAY THRESHOLD LIGHTS AND CONCRETE FOUNDATION

REMOVE CABLE FROM EXISTING CONDUIT OR DUCTBANK

REMOVE AIRFIELD GUIDANCE SIGNS

REMOVE AIRFIELD GUIDANCE SIGN AND FOUNDATION

REMOVE PAPI SYSTEM

REMOVE REILS

Rehabilitate Runway 4-22 | 23041 - LYH PM - 10

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

BID ALTERNATE ONE (1)

APPROX.

QUANTITY

P-401 23,000 TN

PER TON

P-403 6,000 TN

PER TON

M-103 2 EA

PER EACH

M-103 2 EA

PER EACH

M-107 1,200 LF

PER LINEAR FOOT

P-603 17,500 GL

PER GALLON

P-619 5,000 SF

PER SQUARE FOOT

P-620 6,000 SF

PER SQUARE FOOT

P-620 6,000 SF

PER SQUARE FOOT

P-620 115,000 SF

PER SQUARE FOOT

ASPHALT SURFACE COURSE

ASPHALT MIXTURE BASE COURSE

LIGHTED PORTABLE CLOSED RUNWAY MARKERS (OWNER FURNISHED)

LIGHTED PORTABLE CLOSED RUNWAY MARKERS (CONTRACTOR FURNISHED)

AVIATION BARRICADES (CONTRACTOR FURNISHED)

EMULSIFIED ASPHALT TACK COAT

PAINT REMOVAL (85-90% LEVEL)

MARKING (INITIAL YELLOW)

MARKING (PERMANENT YELLOW)

MARKING (INITIAL WHITE)

Rehabilitate Runway 4-22 | 23041 - LYH PM - 11

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

BID ALTERNATE ONE (1)

APPROX.

QUANTITY

P-620 108,000 SF

PER SQUARE FOOT

P-620 22,000 SF

PER SQUARE FOOT

P-620 1 LS

PER LUMP SUM

P-620 9 EA

PER EACH

P-621 102,700 SY

PER SQUARE YARD

T-901 12 AC

PER ACRE

T-905 1,000 CY

PER CUBIC YARD

T-908 12 AC

PER ACRE

L-108 50,000 LF

PER LINEAR FOOT

L-108 12,240 LF

PER LINEAR FOOT

MARKING (PERMANENT WHITE)

MARKING (PERMANENT BLACK)

REFLECTIVE MEDIA

SURFACE PAINTED HOLD SIGNS

GROOVING

SEEDING

TOPSOIL (FURNISHED FROM OFF THE SITE)

MULCHING

NO. 8 AWG, 5KV, L-824 TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR

CONDUIT

NO. 6 AWG, 600V, L-824 TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR

CONDUIT

Rehabilitate Runway 4-22 | 23041 - LYH PM - 12

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

BID ALTERNATE ONE (1)

APPROX.

QUANTITY

L-108 2,250 LF

PER LINEAR FOOT

L-108 1,250 LF

PER LINEAR FOOT

L-109 1 EA

PER EACH

L-109 2 EA

PER EACH

L-110 1,250 LF

PER LINEAR FOOT

L-125 68 EA

PER EACH

L-125 8 EA

PER EACH

L-125 2 EA

PER EACH

L-125 6 EA

PER EACH

L-125 19 EA

PER EACH

INSTALL NEW 3-STEP 7.5KW CONSTANT CURRENT REGULATOR

INSTALL NEW 5-STEP 20KW CONSTANT CURRENT REGULATOR

NON-ENCASED ELECTRICAL CONDUIT, 1 WAY - 2" PVC CONDUIT

L-862(L) BASE MOUNTED HIRL

L-850C(L) IN-PAVEMENT HIRL

L-858(L) AIRFIELD GUIDANCE SIGN (1-2 CHAR.) ON NEW FOUNDATION

NO. 10 AWG, 600V, L-824 TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK

OR CONDUIT

NO. 6 AWG SOLID BARE COPPER COUNTERPOISE WIRE, INSTALLED IN

TRENCH, INCLUDING CONNECTIONS/TERMINATIONS

L-858(L) AIRFIELD GUIDANCE SIGN (3-4 CHAR.) ON NEW FOUNDATION

L-858(L) AIRFIELD GUIDANCE SIGN PANEL REPLACEMENT

Rehabilitate Runway 4-22 | 23041 - LYH PM - 13

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

BID ALTERNATE ONE (1)

APPROX.

QUANTITY

L-125 13 EA

PER EACH

L-125 3 EA

PER EACH

L-125 1 EA

PER EACH

L-125 2 EA

PER EACH

L-125 2 EA

PER EACH

L-125 16 EA

PER EACH

L-125 20 EA

PER EACH

L-125 11 EA

PER EACH

SP-36 300 SY

PER SQUARE YARD

SP-38 2 EA

PER EACH

Total Bid Amount $____________

SP-1 Non-AIP Insurance Allowance $____________

L-849V(L) RUNWAY END IDENTIFIER LIGHT (REIL) SYSTEM

L-862E(L) BASE MOUNTED THRESHOLD HIRL

ADJUST RUNWAY EDGE LIGHTS TO GRADE

ADJUST RUNWAY IN-PAVEMENT LIGHTS TO GRADE

THRESHOLD LIGHT HOUSEKEEPING PAD

FAA FLIGHT CHECK ATTENDANCE

L-858(L) AIRFIELD GUIDANCE SIGN (1-2 CHAR.) ON EXISTING FOUNDATION

L-858(L) AIRFIELD GUIDANCE SIGN (3-4 CHAR.) ON EXISTING FOUNDATION

L-858(L) AIRFIELD GUIDANCE SIGN (5-6 CHAR.) ON EXISTING FOUNDATION

L-880(L) PAPI SYSTEM

Rehabilitate Runway 4-22 | 23041 - LYH PM - 14

Date:

Bid Proposal Summary For All Work Depicted In The Plans And Specifications

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

C-100 1 LS

PER LUMP SUM

C-102 1,500 LF

PER LINEAR FOOT

C-102 3 EA

PER EACH

C-102 1 EA

PER EACH

C-102 1 EA

PER EACH

C-102 2 EA

PER EACH

C-102 1,200 LF

PER LINEAR FOOT

C-105 1 LS

PER LUMP SUM

P-101 28,000 SY

PER SQUARE YARD

P-401 23,000 TN

PER TON

BID ALTERNATE TWO (2)

APPROX.

QUANTITY

TEMPORARY DIVERSION DIKE

MOBILIZATION

COLD MILLING (VARIABLE DEPTH)

ASPHALT SURFACE COURSE

CONTRACTOR QUALITY CONTROL PROGRAM

INSTALLATION AND REMOVAL OF SILT FENCE

STONE CONSTRUCTION ENTRANCE

CHECK DAM

CULVERT INLET PROTECTION

TEMPORARY SEDIMENT TRAP

Bid Form - Bid Alternate Two (2) Rehabilitate Runway 4-22 | 23041 - LYH PM - 15

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

BID ALTERNATE TWO (2)

APPROX.

QUANTITY

P-403 6,000 TN

PER TON

M-103 2 EA

PER EACH

M-103 2 EA

PER EACH

M-107 1,200 LF

PER LINEAR FOOT

P-603 17,500 GL

PER GALLON

P-619 5,000 SF

PER SQUARE FOOT

P-620 6,000 SF

PER SQUARE FOOT

P-620 6,000 SF

PER SQUARE FOOT

P-620 115,000 SF

PER SQUARE FOOT

P-620 108,000 SF

PER SQUARE FOOT

ASPHALT MIXTURE BASE COURSE

MOBILE LIGHTED CLOSED RUNWAY MARKER (OWNER-FURNISHED)

MARKING (INITIAL WHITE)

MARKING (PERMANENT WHITE)

MOBILE LIGHTED CLOSED RUNWAY MARKER (CONTRACTOR-FURNISHED)

AVIATION BARRICADES (CONTRACTOR FURNISHED)

EMULSIFIED ASPHALT TACK COAT

PAINT REMOVAL (85-90% LEVEL)

MARKING (INITIAL YELLOW)

MARKING (PERMANENT YELLOW)

Rehabilitate Runway 4-22 | 23041 - LYH PM - 16

UNIT PRICES EXTENDED

ITEM ITEM WITH UNIT PRICE IN FIGURES TOTAL

NO. WRITTEN IN WORDS --------------------- ---------------------

DOLLARS DOLLARS

CENTS CENTS

BID ALTERNATE TWO (2)

APPROX.

QUANTITY

P-620 22,000 SF

PER SQUARE FOOT

P-620 1 LS

PER LUMP SUM

P-620 9 EA

PER EACH

P-621 102,700 SY

PER SQUARE YARD

T-901 12 AC

PER ACRE

T-905 1,000 CY

PER CUBIC YARD

T-908 12 AC

PER ACRE

L-125 20 EA

PER EACH

L-125 11 EA

PER EACH

Total Bid Amount $____________

SP-1 Non-AIP Insurance Allowance $____________

MARKING (PERMANENT BLACK)

REFLECTIVE MEDIA

SURFACE PAINTED HOLD SIGNS

GROOVING

SEEDING

TOPSOIL (FURNISHED FROM OFF THE SITE)

MULCHING

ADJUST RUNWAY EDGE LIGHTS TO GRADE

ADJUST RUNWAY IN-PAVEMENT LIGHTS TO GRADE

Rehabilitate Runway 4-22 | 23041 - LYH PM - 17

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ELECTION OF ESCROW ACCOUNT PROCEDURE FOR RETAINAGE

If determined to be the successful low bidder(s), the above signed elects to use the Escrow Account Procedure for retainage.

Write “Yes” or “No” on above line

If the successful bidder elects to use the Escrow Account Procedure for Retainage, the "Escrow Agreement" form shall be executed and submitted to the City of Lynchburg Engineering Division within fifteen (15) calendar days after notification. If the "Escrow Agreement" form is not submitted within the fifteen (15) day period, the Contractor shall forfeit his rights to the use of the Escrow Account Procedure.

Company_________________________________________________

Authorized Signature________________________________________

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EQUAL OPPORTUNITY REPORT STATEMENT

See DBE Letter of Intent forms under Supplement A - Other Required Bid Forms

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STATEMENT OF EXPERIENCE

Proposer: __________________________________________________________________________

How Long In Business: ________________________ At Current Address: ______________________

Principals: __________________________________ Title: __________________________________

__________________________________ Title: __________________________________

__________________________________ Title: __________________________________

Type of Work Normally Performed: ______________________________________________________

Projects of this type previously completed:

1. __________________________________________________________________________________

____________________________________________ Amount $ _______________________________

2. __________________________________________________________________________________

____________________________________________ Amount $ _______________________________

3. __________________________________________________________________________________

____________________________________________ Amount $ _______________________________

Reference (for Projects listed above):

1. __________________________________________________________________________________

____________________________________________ Tel No. _________________________________

2. __________________________________________________________________________________

____________________________________________ Tel No. _________________________________

3. __________________________________________________________________________________

____________________________________________ Tel No. _________________________________

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STATEMENT OF AVAILABLE RESOURCES

Equipment: _________________________________________________________________________

Number of Personnel Currently Employed: ________________________________________________

Number of Personnel Available for Project: _______________________________________________

Other Pertinent Information: __________________________________________________________

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CORPORATE STATUS FORM

ALL PROSPECTIVE FIRMS MUST RESPOND TO THE FOLLOWING

1. If a limited liability company, limited liability partnership or a limited partnership, indicate by checking one: ____ Limited liability company

____ Limited liability partnership

____ Limited partnership

Have you registered with the Virginia State Corporation Commission, to conduct business in Virginia?

� Yes � No

Name and address of organizer: _______________________________________________

List who is authorized to execute contracts:

2. If conducting business under an assumed (fictitious) business name, fill out the following information:

Names of persons or entities owning business using assumed business name:

Owners’ addresses: __________________________________________________________________

Registration date: _____________ Expires: _________________

3. If conducting business as a sole proprietorship, general partnership, or joint venture, fill out the following information:

Names of all persons liable for obligations of the business:

Addresses of such persons: ________________________________________________________

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QUESTIONS TO BIDDERS/OFFERORS

Bidders/Offerors are to respond to the following questions:

Have any of the individual(s), owner(s), and/or principal officer(s) of the firm submitting the bid/proposal ever been convicted of (1) a felony, or (2) a misdemeanor involving moral turpitude?

YES ____________ NO ____________

If yes, list individual or officer and title and give details.

NOTE: Answering yes to this question will not necessarily exclude your company from consideration but will be used to weigh the relationship between the offense and the contract to be performed.

Is your firm currently involved in litigation or a dispute involving arbitration?

YES ____________ NO ____________

If yes, for litigation list the litigation by case name, name of court, case number, and jurisdiction, and for arbitration, list the organization administering, if any, its contact information, any case number assigned, the arbitrators, and the location of the arbitration. For litigation and arbitration, briefly describe the claims and status, and give contact information for the opposing party or parties.

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CONSTRUCTION AGREEMENT

This Construction Agreement (the "Contract") made and entered into on the _____ day of _________________, 20___, by and between ______________________________________________, party of the first part, hereinafter referred to as Contractor, and the City of Lynchburg, a municipal corporation of the Commonwealth of Virginia, party of the second part, hereinafter referred to as the Owner or City.

That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:

1. That the Contractor shall furnish all labor, materials, tools, and equipment and perform all Work required by the Contract Documents (as defined in the General Conditions hereto) for Rehabilitate Runway 4-22 (IFB No.

2025-001).

2. That the Contractor shall commence Work within ten (10) days after Notice to Contractor to Proceed with the Work under Contract (“Notice to Proceed”) and shall substantially complete the Work within 104 calendar days. Owner and Contractor recognize that time is of the essence of this Contract and that the Owner will suffer financial loss if the Work is not completed within the times specified in the Notice to Proceed, plus any extensions thereof. They also recognize the delays, expense and difficulties involved in providing the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for certain losses Owner is expected to suffer due to delay (but not as a penalty) Contractor shall pay Three Thousand Five Hundred Dollars ($3,500) for each calendar day or portion thereof that expires after the time specified for completion and One Thousand Dollars ($1,000.00) per minute for each minute that the runway remains closed after 6:00 A.M. each morning or after 12:00 P.M. on Sundays. If the Contractor is subject to liquidated damages, the City has the right, but not the obligation, to withhold the liquidated damages from the Contractor’s regular payments or retainage. Rights and obligations relating to these liquidated damages are set out more fully in the General Conditions.

3. The Owner hereby agrees to pay the Contractor for the faithful performance of this Contract in accordance with the Contract Documents, subject to additions and deductions as provided in the Contract Documents, in lawful money of the United States, as follows:

_______________________________________________________ Dollars

($__________________). This amount is based on the unit pricing and estimated quantities contained in the bid forms.

4. The Owner shall make partial payment on a monthly basis to the Contractor in accordance with the Contract Documents on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less five percent (5%) of the amount of such estimate which may be retained by the Owner until all Work has been performed strictly in accordance with the Contract Documents and until such Work has been accepted by the Owner.

5. Within ninety (90) days after submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, satisfaction of all the requirements of the Contract Documents, and acceptance of such Work by the Owner, final payment on account of this Contract shall be made.

6. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract, the performance bond provided for its faithful performance and the payment bond, the Owner shall deem the surety or sureties upon such bonds or either of them to be unsatisfactory, or if for any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at his own sole expense, PM - 32 within five (5) days after the receipt of Notice from the Owner so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Owner.

7. Contractor agrees to fulfill all requirements of state, Federal, and municipal laws which may be applicable to this project.

8. This Contract is subject to the General Conditions accompanying it, and all the documents defined by the General Conditions to be the Contract Documents are a part of this Contract.

This Contact is executed in two counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract.

IN WITNESS WHEREOF, ___________________________________________________________ has caused its name to be subscribed to this Contract by ____________________________________, its ________________________________, and its corporate seal to be hereunto affixed and attested by _____________________________________, its __________________________, said officers being duly authorized therefore; and the City of Lynchburg has caused its name to be hereunto subscribed by Bonnie Svrcek, City Manager, and its corporate seal to be hereunto affixed and attested by Robin Craig, its Clerk of Council, said officers being duly authorized therefore, all as to the day and year first above written.

(SEAL) CONTRACTOR

_____________________________ BY: _____________________________________________

ATTEST

ITS: _____________________________________________

(SEAL) CITY OF LYNCHBURG

_____________________________ BY: _____________________________________________

ATTEST City Manager

Clerk of Council

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CITY OF LYNCHBURG, VIRGINIA

STANDARD PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That , the Contractor (“Principal”), whose principal place of business is located at and

(“Surety”), are held and firmly bound unto the City of Lynchburg, Virginia, the Owner (“Obligee”), in the amount of

Dollars ( $ ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS,

Principal has, entered into a Construction Agreement with Obligee for certain work on a construction project known as Rehabilitate Runway 4-22 which contract (the "Contract") is by reference expressly made a part hereof;

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly and faithfully perform said Contract in strict conformity with the plans, specifications and conditions of the Contract and its Contract Documents, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Provided, that any alterations which may be made in the terms of the Contract, or in the Work to be done under it, or the giving by the Obligee of any extension of time for the performance of the Contract, or any other alterations, extensions or forbearance on the part of either or both of the Obligee or the Principal to the other shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors or assigns, from their liability hereunder, notice to the Surety of any such alterations, extensions, or forbearance being hereby waived.

No action shall be brought on this bond unless brought within one year after: (a) completion of the Contract and all Work thereunder, including expiration of all warranties and guarantees, or (b) discovery of the defect or breach of warranty or guarantee if the action be for such.

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

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Signed and sealed this day of , 20 .

(SEAL)

Contractor/ Principal

By:

Witness: Title:

(SEAL)

Surety

By:

Attorney-in-Fact

Typed Name:

I, ________________________, the duly appointed Attorney-in-Fact for ________________________, do hereby certify that my Power of Attorney related thereto has not been revoked, and where applicable, may be found of record in the Clerk’s Office of the Circuit Court of ________________________, Virginia in Deed Book ___________ at Page ___________ or under Instrument No. ___________.

Attorney-in-Fact

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH OF VIRGINIA (or, alternatively, Commonwealth or State of _____________________)

CITY/COUNTY OF to wit:

I, the undersigned notary public, do certify that _____________________personally appeared before me in the jurisdiction aforesaid and made oath that he is the attorney-in-fact of _______________, the Surety, that he is duly authorized to execute on its behalf the aforesaid Bond(s) as its act and deed.

Given under my hand this _______ day of 20 .

(SEAL)

Notary Public

My Commission expires:

APPROVED:

City Attorney/Designee Date

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CITY OF LYNCHBURG

STANDARD LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That , the Contractor ("Principal") whose principal place of business is located at and ("Surety") are held and firmly bound unto the City of

Lynchburg, Virginia, the Owner ("Obligee") in the amount of Dollars ( $ ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS,

Principal has by written agreement dated entered into a Construction Agreement with Obligee for the Rehabilitate Runway 4-22 project which contract (the “Contract”) is by reference expressly made a part hereof;

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for labor performed and material furnished in the prosecution of the Work provided for in the Contract and its Contract Documents, then this obligation shall be void,;

otherwise it shall remain in full force and effect, subject, however, to the following conditions.

The Principal and Surety, jointly and severally, hereby agree with Obligee as follows:

1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both for use in the performance of the Contract. A "subcontractor" of the Principal, for the purposes of this bond only, includes not only those subcontractors having a direct contractual relationship with the Principal but also any other contractor who undertakes to participate in the Work which the Principal is to perform under the aforesaid Contract, whether there are one or more intervening subcontractors contractually positioned between it and the Principal (for example, a subcontractor). "Labor" and "material" shall include, but not be limited to, public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the Work site.

2. Subject to the provisions of paragraph 3, any claimant who has performed labor or furnished material in accordance with the Contract Documents in the prosecution of the Work provided in the Contract, who has not been paid in full therefore before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on this bond to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. The Obligee need not be a party to such action and shall not be liable for the payment of any costs, fees, or expenses of any such suit.

3. Any claimant who has a direct contractual relationship with any subcontractor of the Principal from whom the Principal has not required a subcontractor payment bond, but who has no contractual relationship, express or implied, with the Principal, may bring an action on this bond only if he has given written notice to the Principal within one hundred eighty (180) days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the Work was performed or to whom the material was furnished. Notice to the Principal shall be served by

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registered or certified mail, postage prepaid, in an envelope addressed to the Principal at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished shall not be subject to the time limitations stated in this paragraph 3.

4. No suit or action shall be commenced hereunder by any claimant.

a. Unless brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, the limitation embodied within this bond shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

b. Other than in a Virginia court of competent jurisdiction, with venue as provided by statute, or in the United States District Court for the district in which the project, or any part thereof is situated.

5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.

6. This bond is intended to comply with the requirements and to afford all the benefits of a payment bond consistent with the requirements of Virginia Code § 2-2-4337 and § 2-2-4341. To the extent that those sections as they are in effect as of the date of issuance of this bond confer any requirements on Principal or Surety or confer any additional benefits on any claimant (as the term “claimant” is used within either the meaning of those sections or this bond), those requirements and benefits shall be deemed to be incorporated into and be part of this bond.

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Signed and sealed this day of , 20 .

(SEAL)

Contractor/ Principal

By:

Witness: Title:

(SEAL)

Surety

By:

Attorney-in-Fact

Typed Name:

I, ________________________, the duly appointed Attorney-in-Fact for ________________________, do hereby certify that my Power of Attorney related thereto has not been revoked, and where applicable, may be found of record in the Clerk’s Office of the Circuit Court of ________________________, Virginia in Deed Book ___________ at Page ___________ or under Instrument No. ___________.

Attorney-in-Fact

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH OF VIRGINIA (or, alternatively, Commonwealth or State of _____________________)

CITY/COUNTY OF to wit:

I, the undersigned notary public, do certify that _____________________personally appeared before me in the jurisdiction aforesaid and made oath that he is the attorney-in-fact of _______________, the Surety, that he is duly authorized to execute on its behalf the aforesaid Bond(s) as its act and deed.

Given under my hand this _______ day of 20 .

(SEAL)

Notary Public

My Commission expires:

APPROVED:

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ESCROW AGREEMENT

THIS AGREEMENT ("Agreement"), made and entered into this ____ day of _____________, 20____ by, between and among the City of Lynchburg ("City"), _________________________ ("Contractor"), and

(Name of Bank)

(Address of Bank) a trust company, bank, or savings and loan institution with its principal office located in the Commonwealth of Virginia (hereinafter referred to as "Bank" or "Escrow Agent"), and ___________________________________________________________________("Surety") provides:

I.

The City and the Contractor have entered into the Construction Agreement (“Contract”) with respect to City Project Rehabilitate Runway 4-22 ("the Contract"). This Agreement is pursuant to, but in no way amends or modifies, the Contract. Payments made hereunder or the release of funds from escrow shall not be deemed approval or acceptance by the City of performance by the Contractor or Surety.

II.

In order to assure full and satisfactory performance by the Contractor of its obligations under the Contract, the City may, pursuant to the Contract Documents, retain certain amounts otherwise due the Contractor. The Contractor has, with the approval of the City, elected to have these retained amounts held in escrow by the Bank. This Agreement sets forth the terms of the escrow. The Bank shall not be deemed a party to, bound by, or required to inquire into the terms of, the Contract or any other instrument or agreement between the City and the Contractor.

III.

The City may from time to time pursuant to this Agreement pay to the Bank amounts retained by the City under the Contract. Except as to amounts actually withdrawn from escrow by the City, the Contractor shall look solely to the Bank for payment of funds retained under the Contract and paid by the City to the Bank.

The risk of loss by diminution of the principal of any funds invested under the terms of this Agreement shall be solely upon the Contractor.

Funds and securities held by the Bank pursuant to this Agreement shall not be subject to levy, garnishment, attachment, lien, or other process whatsoever. Contractor agrees not to assign, pledge, discount, sell or otherwise transfer or dispose of his interest in the escrow account or any part thereof, except to the Surety.

Upon receipt of checks or warrants drawn by the City's Director of Finance and made payable to it as escrow agent, the Bank shall promptly notify the Contractor, negotiate the same and deposit or invest and reinvest the proceeds in "Approved Securities" within the meaning of this Agreement in accordance with the written instruction of the Contractor. In no event shall the Bank invest the escrowed funds in any security that is not an "Approved Security."

V.

The following securities, and none other, are Approved Securities for all purposes of this Agreement:

(1) United States Treasury Bonds, United States Treasury Notes, United States Treasury Certificates of Indebtedness or United States Treasury Bills,

(2) Bonds, notes and other evidences of indebtedness unconditionally guaranteed as to the payment of principal and interest by the United States,

(3) Bonds or notes of the City,

(4) Bonds of any political subdivision of the City, if such bonds carried, at the time of purchase by the Bank or deposit by the Contractor, a Standard and Poor's or Moody's Investors Service rating of at least "A", and

(5) Certificates of deposit issued by commercial Banks located within the Commonwealth, including, but not limited to, those insured by the Bank and its affiliates,

(6) Any bonds, notes, or other evidences of indebtedness listed in Section (1) through (3) may be purchased pursuant to a repurchase agreement with a Bank, within or without the City, having a combined capital, surplus, and undivided profit of not less than $25,000,000 provided the obligation of the Bank to repurchase is within the time limitations established for investments as set forth herein. The repurchase agreement shall be considered a purchase of such securities even if title, and/or possession of such securities is not transferred to the Escrow Agent, so long as the repurchase obligation of the Bank is collaterized by the securities themselves, and the securities have on the date of the repurchase agreement a fair market value equal to at least 100 percent of the amount of the repurchase obligation of the Bank, and the securities are held by a third party, and segregated from other securities owned by the Bank.

No security is an Approved Security hereunder if it matures more than five years after the date of its purchase by the Bank or deposit by the Contractor.

VI.

The Contractor may from time to time withdraw the whole or any portion of the escrowed funds by depositing with the Bank Approved Securities in an amount equal to, or in excess of, the amount so withdrawn. Any securities so deposited or withdrawn shall be valued at such time of deposit or withdrawal at the lower of par or market value, the latter as determined by the Bank. Any securities so deposited shall thereupon become a part of the escrowed fund.

Upon receipt of a direction signed by the City's Director of Public Works or the City Engineer, the Director of Finance or the City Accountant shall authorize the Bank to pay the principal of the fund, or any specified amount thereof, to the account of the City of Lynchburg. Such payment shall be made in cash as soon as is practicable after receipt of the direction.

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IV.

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Upon receipt of a direction signed by the City's Director of Public Works or the City Engineer, the Director of Finance or the City Accountant shall authorize the Bank to pay and deliver the principal of the fund, or any specified amount thereof, to the Contractor, in cash or in kind, as may be specified by the Contractor. Such payment and delivery shall be made as soon as is practicable after receipt of the direction.

VII.

For its services, hereunder the Bank shall be entitled to a reasonable fee in accordance with its published schedule of fees or as may be agreed upon by the Bank and the Contractor. Such fee and any other costs of administration of this Agreement shall be paid from the income earned upon the escrowed fund, and, if such income is not sufficient to pay the same, by the Contractor.

VIII.

The net income earned and received upon the principal of the escrowed fund shall first be paid or applied to pay the Bank's fee and any other costs of administration and such income shall be deemed a part of the principal of the fund. After all of the Bank’s fees and other costs of administration have been paid from such income, the net income earned thereafter may then be paid over to Contractor in installments.

IX.

The Surety undertakes no obligation hereby but joins in this Agreement for the sole purpose of acknowledging that its obligations as surety for the Contractor's performance of the Contract are not affected hereby.

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WITNESS the following signatures, all as of the day and year first above written.

CITY OF LYNCHBURG CONTRACTOR: _______________________________

BY: _______________________________

City Manager

BY: _______________________________________

Officer, Partner, or Owner (Seal)

SURETY:

By:

Its: President (Seal)

ATTEST:

Secretary

By:

Attorney-in-Fact

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH OF VIRGINIA

(or, alternatively, Commonwealth or State of _____________________)

CITY/COUNTY OF to wit:

I, the undersigned notary public, do certify that ___________________personally appeared before me in the jurisdiction aforesaid and made oath that he is the attorney-in-fact of _______________, the Surety, that he is duly authorized to execute on its behalf the foregoing bond pursuant to the Power of Attorney noted above, and on behalf of said Surety, acknowledged the aforesaid bond(s) as its act and deed.

Given under my hand this _______ day of 20 .

(SEAL)

Notary Public

My Commission expires:

APPROVED:

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INSTRUCTIONS TO BIDDERS

DESCRIPTION OF WORK

The Work included under this Contract shall consist of all labor, materials, equipment, and the performance of all work necessary to complete the project known as Rehabilitate Runway 4-22, as described in the Contract Documents.

This Work shall be performed in accordance with the Contract Documents.

1. General: Subject to Owner's right to waive informalities, to be valid for consideration, bids must be completed and submitted in accordance with these instructions to bidders. All individual bid unit price items must be filled in, regardless of the quantity shown.

2. Plans and Specifications: The Contract Documents for the Rehabilitate Runway 4-22, may be viewed and downloaded from the City’s website: https://www.lynchburgva.gov/bids.aspx.

The successful bidder shall be issued, without charge, five sets of sets of plans and specifications.

Bidding documents will be provided as indicated in the Advertisement for Bids.

3. Qualification of Bidders: Each bidder must be prepared to submit within five calendar days of the Owner’s request written evidence of his qualifications for the project, including, without limitation, financial data, previous experience, resources, personnel and evidence of authority to conduct business in the jurisdiction where the project is located.

4. Examination of Bid Documents and Site:

4.1 Before submitting bids, each bidder must examine bid documents, including, without limitation, all the Contract Documents, thoroughly; familiarize himself with Federal, state and local laws, ordinances, rules, codes, and regulations affecting the Work; and correlate his observations with requirements of the bid documents.

4.2 Bidders are requested and expected to visit the site of the project to alert themselves to local and special conditions which may be encountered during construction of the project such as:

labor and transportation, handling and storage of materials, the availability of materials, and site access. Failure to make such investigations shall not relieve the successful bidder from performing and completing the Work in accordance with the Contract Documents.

a. An optional pre-bid conference will be held at the time and place stated in the Advertisement for Bids.

5. Clarification:

5.1 No oral clarification of the bid documents will be made to any bidder. To be given consideration, requests for clarification must be received in time to allow preparation of a written response at least seven (7) days prior to date fixed for opening of bids. Clarifications will be issued in the form of written addenda to the bid documents and posted to the Procurement Website within five (5) days of the bid opening. Only clarifications by formal written addenda will be binding.

(1) All communications in regard to clarifications and any other matters related to this project shall be addressed to: Christy Moyers, christy.moyers@lynchburgva.gov.

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6. Substitutions:

6.1 Substitutions of material or equipment or both may be offered by…