24-08-35 Narrows Lane Stream Restoration Project Manual.pdf

P R O J E C T M A N U A L

STORMWATER DRAINAGE IMPROVEMENT PROJECT

NARROWS LANE STREAM RESTORATION

ROANOKE, VIRGINIA

ITB No. 24-08-35

Issue Date: December 19, 2023 Due Date: January 24, 2024 @ 2pm

VDOT Standard Project Administration Agreement Dated December 30, 2019

Project Number U000-128-R48, UPC 115313

Purchasing Division 215 Church Avenue, SW Room 202

Roanoke, Virginia 24011

(540) 853-2871

Fax (540) 853-1513

Stormwater Drainage Improvement Project Narrows Lane Stream Restoration Page 1 of 2

TABLE OF CONTENTS

CITY OF ROANOKE, VIRGINIA

PROJECT MANUAL FOR

ITB NO. 24-08-35

STORMWATER DRAINAGE IMPROVEMENT PROJECT

NARROWS LANE STREAM RESTORATION

ROANOKE, VIRGINIA

BIDDING DOCUMENTS

• Invitation to Bid

• Instructions to Bidders

• Bid Form

• Bid Bond

CONTRACT FORMS

• Contract (Example)

• Contractor's Performance Bond

• Contractor's Labor and Material Payment Bond

• Certificate of Substantial Completion

• Affidavit of Payment of Claims

• Certificate of Final Acceptance

GENERAL REQUIREMENTS

• General Conditions

• Supplemental General Conditions

TECHNICAL SPECIFICATIONS

Division 1 - General Section Description

01000 Special Conditions 01100 Hierarchy of Construction Documents 01200 Measurement and Payment 01350 Submittals 01500 Temporary Facilities

Division 2 – Site

02010 Mobilization / Demobilization 02020 Surveying 02030 Construction Tolerances 02050 Maintenance of Traffic and Work Area Protection 02100 Existing Underground Utilities (Public and Private) 02110 Exploratory Underground Utility Work 02230 Clearing and Grubbing 02231 Demolition 02233 Pump Around Diversion 02300 Excavation and Grading

Narrows Lane Stream Restoration Page 2 of 2

02315 Fill and Backfill 02317 Trenching 02318 Trench Rock Removal 02370 Erosion and Sediment Control 02380 Geotextiles and Filter Fabrics 02381 Coir Fiber Matting 02382 Tree Preservation & Protection 02385 Slope Stabilization Matting 02390 Riprap Stone Protection 02405 Stream Bed Material 02410 Rock Material 02415 Imbricated Rock Wall 02420 Boulder Pool 02425 Logs 02430 In-Stream Habitat Log Sill 02435 Log Vanes 02636 Storm Drain Piping and Structures 02741 Asphalt Paving 02750 Restoration for Shoulders, Curb, Sidewalk, and Entrances 02752 Mailbox Posts 02753 Driveway Restoration 02901 Landscaping Maintenance and Warranty 02910 Topsoil 02915 Sodding 02930 Seeding 02935 Trees and Shrubs 02940 Riparian Forest Seeding 02945 Non-Native and Invasive Species Control

Division 3 - Concrete

03100 Incidental Concrete 03280 Structural Concrete Formwork 03290 Structural Concrete Reinforcement 03300 Cast-In-Place Structural Concrete

Appendices Appendix Description

A Project Signs B Sample Transmittal for Submittals of: Shop Drawings, Equipment Data, Material Samples, Manufacturer’s Certificates of Compliance, etc.

C Request for Information Form D Department of the Army – Nationwide Permits E Statement of Qualifications F VDOT Agreements

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END OF SECTION

Stormwater Drainage Improvement Project Invitation to Bid Narrows Lane Stream Restoration

INVITATION TO BID

Sealed Bids for: STORMWATER DRAINAGE IMPROVEMENT PROJECT

NARROWS LANE STREAM RESTORATION

This drainage improvement and channel restoration project is located between Old Rocky Mountain Road and Narrows Lane SW, east of Route 220. The project begins at the existing roadside ditch/driveway culvert on 4521 Narrows Lane and continues downstream for approximately 700 linear feet before entering into the existing 5-ft diameter road culvert under Narrows Lane near the intersection with Old Rocky Mount Road. The project is designed to address erosion seen along the south side of the Narrows Lane right-of-way, and includes improvements to storm drain infrastructure along Narrows Lane to address minor flooding associated with driveway culverts. The upstream portion of the project area will remove existing driveway culverts and install approximately 200 linear feet of continuous culvert along the edge of the right-of-way to reduce flooding associated with constrictions and blockages at individual driveway culverts. Additional modifications to the storm drainage network will be necessary to eliminate discontinuous piped channel areas, and allow for improved outlet configurations for two (2) storm drainage pipes conveying flow into the project area from the north side of Narrows Lane near the intersection with Van Winkle Road. Overall topography for the design reach is gently to moderately sloping, with steeper areas associated with the adjacent roadway embankment. The project area encompasses much of the confined floodplain area, bounded tightly by Old Rocky Mount Road and Narrows Lane.

Delivery Alert: Due to measures the City of Roanoke is taking in response to COVID-19, Bidders are required to submit their bid by the due date and time via email to purchase@roanokeva.gov. Emails received after the due date and time will not be considered.

The email must include the ITB number and title in the subject line and Company name. All other references to delivery methods of the bid are not valid.

Bids, to be considered, must be received by the Due Date and Time, at or before 2:00 p.m., local time, on January 24, 2024. All Bids received by the Due Date and Time will be opened at the Open Date and Time, on January 24, 2024, at 3:00 p.m., and read via conference call using the following call-in information:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 240 237 769 035

Passcode: FciwAz Download Teams | Join on the web Or call in (audio only) +1 469-480-4192,,501568868# United States, Dallas Phone Conference ID: 501 568 868# Find a local number | Reset PIN

It is recommended that all Bidders attend the conference call.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2YwMzllMDctYTQ0Mi00Y2RmLTk2MTUtOWQ5NmM5ZWE1YjA1%40thread.v2/0?context=%7b%22Tid%22%3a%224b5ef942-bd40-4d06-a3df-44ad34270d92%22%2c%22Oid%22%3a%224a4e4cf7-c08d-4e62-8e44-2357996a4ca6%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14694804192,,501568868 https://dialin.teams.microsoft.com/7ebe0b04-1af2-4b41-81f3-17678db61ebe?id=501568868 https://dialin.teams.microsoft.com/usp/pstnconferencing

EMAIL SUBJECT SHALL INCLUDE: Bid Number: ITB 24-08-35, Open date: January 24, 2024 and Time:

2:00pm and company name.

The Instructions to Bidders, plans, specifications, the Contract, and other Contract Documents are incorporated herein by reference. Copies of these items may be examined electronically during business hours at the City of Roanoke Purchasing Division office, 215 Church Avenue, S.W., Room 202, Roanoke, Virginia 24011 (Phone: 540-853-2871). Bidders are cautioned to review bid documents thoroughly before submitting a bid.

Copies of the documents may be viewed and/or downloaded from the City of Roanoke Purchasing Division's Vendor Self Service system at https://vss.roanokeva.gov or from the Purchasing Division's website at www.roanokeva.gov/purchasing. If you have any problems accessing the documents, you may contact Purchasing at 853-2871 or Joseph.carleno@roanokeva.gov. The City will not be responsible for documents obtained from any other source.

All Contract Documents prepared and/or furnished by the Purchasing Division shall be the exclusive property of the City of Roanoke, Virginia, and shall not be used for any other project(s).

Each bidder is solely responsible for ensuring that such bidder has the current complete version of the Bid Documents prepared for the project, including any addenda issued by the City, before submitting a bid.

The Project and the work, services, and materials for such Project are subject to a Virginia Department of Transportation (VDOT) Programmatic Project Administration Agreement dated December 30, 2019, between VDOT and the City. This agreement identifies that the project is approved for Federal Revenue Sharing. All phases of the project shall be in accordance with all applicable federal, state and local laws and regulations, and that the locality will certify compliance with those laws and regulations as prescribed by the agreement.

A non-mandatory pre-bid conference will be conducted on January 10, 2024 at 1:00 p.m., local time, via conference call. Register through the link below:

https://teams.microsoft.com/registration/QvleS0C9Bk2j30StNCcNkg,yybtm_a110yfa3CGZIxRrg,HO2 wNHSp9UKuGVECTE7adQ,e0T5DQSqhUeZqqXqxd1nzg,IIbi_FMWB0qeGtrQS826kQ,smajwQHNBU WnpDLIHGE0eQ?mode=read&tenantId=4b5ef942-bd40-4d06-a3df-44ad34270d92&webinarRing=gcc

It is strongly recommended that all bidders attend such conference.

Bidders and all subcontractors are required to comply with all applicable city, state, and federal laws, ordinances, and regulations; and are required to be properly licensed under Sections 54.1-1100, et seq., Code of Virginia (1950), as amended, prior to award of any bid to Successful Bidder. If applicable, Bidders shall deposit with their bid a Bid Security executed in the amount and form sti-pulated in the Instructions to Bidders.

The City expressly reserves the right to cancel this ITB and/or reject any or all bids, to waive any informality or irregularity in the bids received, and to accept a bid from the lowest responsive and responsible bidder which is deemed to be in the best interest of the City.

If you download this ITB from the City website and intend to submit a proposal, you should notify Purchasing that you have done so. However, each Bidder is solely responsible for ensuring that such Bidder has the current, complete version of the ITB documents, including any addenda, before submitting a bid. Receipt by the bidder of such addendum should be acknowledged on the Bid Form and/or addendum. Addenda will be posted on Vendor Self Service (VSS) at https://VSS.roanokeva.gov as well as the Current Bids/RFP Requests tab on the Purchasing Division’s web page at www.roanokeva.gov/purchasing.The City is not http://www.roanokeva.gov/purchasing mailto:Joseph.carleno@roanokeva.gov https://teams.microsoft.com/registration/QvleS0C9Bk2j30StNCcNkg,yybtm_a110yfa3CGZIxRrg,HO2wNHSp9UKuGVECTE7adQ,e0T5DQSqhUeZqqXqxd1nzg,IIbi_FMWB0qeGtrQS826kQ,smajwQHNBUWnpDLIHGE0eQ?mode=read&tenantId=4b5ef942-bd40-4d06-a3df-44ad34270d92&webinarRing=gcc https://teams.microsoft.com/registration/QvleS0C9Bk2j30StNCcNkg,yybtm_a110yfa3CGZIxRrg,HO2wNHSp9UKuGVECTE7adQ,e0T5DQSqhUeZqqXqxd1nzg,IIbi_FMWB0qeGtrQS826kQ,smajwQHNBUWnpDLIHGE0eQ?mode=read&tenantId=4b5ef942-bd40-4d06-a3df-44ad34270d92&webinarRing=gcc https://teams.microsoft.com/registration/QvleS0C9Bk2j30StNCcNkg,yybtm_a110yfa3CGZIxRrg,HO2wNHSp9UKuGVECTE7adQ,e0T5DQSqhUeZqqXqxd1nzg,IIbi_FMWB0qeGtrQS826kQ,smajwQHNBUWnpDLIHGE0eQ?mode=read&tenantId=4b5ef942-bd40-4d06-a3df-44ad34270d92&webinarRing=gcc responsible for any ITB obtained from any source other than the City. Contact Buyer Joseph Carleno, by phone at 540-853-2871, or by email at joseph.carleno@roanokeva.gov.

To determine the lowest responsive and responsible bidder who may be awarded a Contract for the Work, the criteria set forth in or requested pursuant to the Instructions to Bidders or in the Bid Documents will be considered.

By submitting a bid, each bidder agrees that this is a solicitation of bids and each bidder agrees to be solely responsible for the cost or expense of its bid and the City shall have no responsibility for such costs or expenses.

If a certain brand, make, item or manufacturer is specifically and exclusively required or called for in the plans, specifications, or other contract documents, then that brand, make, item, or manufacturer shall be used unless otherwise agreed to by the City, in its sole discretion. Otherwise, an equivalent item can be requested as set forth in Section 10 of the Instructions to Bidders, or other Contract Documents.

If the bid by the lowest responsive and responsible bidder exceeds available funds, the City reserves the right to negotiate with the apparent low bidder pursuant to Section 2.2-4318 of the Code of Virginia. The conditions and procedures under which such negotiation may be undertaken are set forth in Section 2.2-4318, and Section 14.3 of Instructions to Bidders. Any such negotiated Contract shall be subject to final approval by the City in its sole discretion.

Bids may not be withdrawn for a period of sixty (60) calendar days after the opening of bids unless the bid is substantially lower than the other bids because of a clerical error as defined in Section 2.2 - 4330, of the Code of Virginia (1950), as amended. Pursuant to Section 2.2 - 4330 (B)(1), the bidder shall give notice in writing and shall submit the original work papers with such notice to the City of its claim of right to withdraw the bid within two (2) business days after the opening of bids.

The successful bidder shall comply with the Code of Virginia nondiscrimination provisions of Section 2.2-4311 and the Drug-free workplace provisions of Section 2.2-4312.

Pursuant to Code of Virginia, Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith-based organizations.

If an award of a contract is made, notice of the award, or the announcement of the decision to award, will be made by posting a notice of such award or announcement in the foyer area of the second floor of the Noel C. Taylor Municipal Building at 215 Church Avenue, S.W., Roanoke, Virginia 24011 and also on the City website at www.roanokeva.gov/purchasing (select the Awarded Bids link).

mailto:joseph.carleno@roanokeva.gov

Stormwater Drainage Improvement Project Instructions to Bidders

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

SECTION 1. DEFINITIONS

SECTION 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

SECTION 3. CLARIFICATION AND ADDENDA

SECTION 4. TIME FOR COMPLETION

SECTION 5. CONTRACTORS' LICENSES, PERMITS, FEES, AND TAXES

SECTION 6. PREPARATION AND SUBMISSION OF BIDS

SECTION 7. RECEIPT AND OPENING OF BIDS

SECTION 8. BID SECURITY

SECTION 9. INTENT

SECTION 10. MATERIAL AND WORKMANSHIP

SECTION 11. STATEMENT OF QUALIFICATIONS

SECTION 12. ERRORS IN BIDS

SECTION 13. REJECTION OF BIDS

SECTION 14. ACCEPTANCE OF BIDS, EVALUATION OF BIDS, AWARD OF

CONTRACT, AND SECURITY REQUIREMENTS

SECTION 15. ETHICS IN PUBLIC CONTRACTING

SECTION 16. BID PACKAGE CHECKLIST

SECTION 17. PROTESTS

SECTION 18. MISCELLANEOUS

INSTRUCTIONS TO BIDDERS

SECTION 1. DEFINITIONS

Definitions contained in Section 1 of the General Conditions are incorporated herein by reference. The bidder should refer to the General Conditions for definitions used in the Contract Documents. "Successful bidder" is defined as the bidder to whom the City makes an award.

SECTION 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS

2.1 Each bidder is responsible for examining carefully the site of the Work and the Contract and Bid Documents relating to the Work. By submitting a bid, the bidder acknowledges and agrees that it has examined and considered the conditions to be encountered at and adjacent to the site, the character, quality, and quantities of work to be performed, the material to be furnished, other requirements of the Contract Documents, and to have waived any claim or objection based thereon. Claims as a result of failure to have done such examination will not be considered by the City. See Section 8 of the General Conditions entitled "Conditions at Site."

2.2 Each bidder shall promptly notify, in writing, the Purchasing Division of any ambiguity, inconsistency, or error which may be discovered upon examination of the Invitation to Bid, any Bid Documents, and/or any related documents.

SECTION 3. CLARIFICATION AND ADDENDA

3.1 Questions on Contract Documents: All questions about the meaning or intent of the

Contract Documents shall be directed to the Purchasing Department. Questions received less than ten (10) calendar days prior to the date for opening bids will not be answered. Bidders may only rely upon written addenda issued by the Purchasing Division and no other communication or interpretation, whether oral or written, shall have any effect or efficacy.

3.2 Addenda: Any changes, interpretations, or clarifications that may be made to the

Contract Documents will be in the form of an addendum. Receipt by the bidder of such addendum shall be acknowledged on the Bid Form. However, all bidders are solely responsible for making sure that they have received and reviewed any and all addenda that may have been issued for this Invitation to Bid.

3.3 Interpretation: All decisions made in good faith by the City on the meaning or interpretation of the Contract Documents shall be final.

3.4 Bidders Responsibility: All bidders are responsible for ensuring that they have received and examined all bid documents, including all addenda, if any that may have been issued before submitting their bid. The City is not responsible for any Invitation to Bid documents obtained from any source other than the City. If you have any questions, contact the Purchasing Department by telephone at (540) 853-2871, by fax at (540) 853- 1513, or by email at purchasing@roanokeva.gov.

3.5 Quantities: Where the bid documents stipulate a unit price, the quantities of the work and material set forth in the bid form or on the plans approximately represent the work to be performed and material to be furnished and are for the purpose of comparing the bids on a uniform basis. Payment shall be made to the Contractor only for the actual quantities of work performed or material furnished in accordance with the plans and specifications and it is understood that the quantities may be increased or decreased as provided in the General Conditions without in any way invalidating the bid prices.

SECTION 4. TIME FOR COMPLETION

4.1 Time for Completion: Unless otherwise stated or a specific time period is set forth on the Bid Form, each bidder shall indicate in the appropriate blank the number of consecutive calendar days required by such bidder to substantially complete the specified Work, with Final Acceptance to be achieved within thirty (30) consecutive calendar days thereafter. However, no such time period may exceed the number of consecutive calendar days set forth in the Bid Form.

4.2 Weather: The bidder, in preparing and submitting its bid, is required to take into consideration normal weather conditions. Normal weather means a range of weather conditions, which might be anticipated, based on weather data for the past ten years.

Unusual weather is weather, which could not be anticipated based on such data.

Normal weather conditions shall be determined from the public historical records available from the National Weather Service. The data sheets to be used shall be for the locality or localities closest to the site of the Work. No additional compensation will be paid to the Contractor because of unusual weather conditions; however, an extension of time for unusual weather may be considered by the City as indicated in the General Conditions.

4.3 Liquidated Damages: The amount indicated on the Bid Form as liquidated damages as described in the General Conditions (Section 21) shall be due from and paid by the Contractor to the City and/or, in the City’s discretion, shall be withheld from the Contractor’s Request for Payment, Final Payment, and/or retainage, for each consecutive calendar day of delay in excess of the stated time required to complete the Work, unless modified by a Change Order.

SECTION 5. CONTRACTORS' LICENSES, PERMITS, FEES, AND TAXES

5.1 State License: Bidders and all subcontractors are required to comply with all applicable city, state, and federal laws, ordinances, and regulations, including, but not limited to, registration with the Virginia State Corporation Commission if required by law; and are required to be properly licensed prior to Award in accordance with Sections 54.1-1100, et seq., of the Code of Virginia, which presently requires one to be licensed as a "Class A Contractor" before submitting a bid of One Hundred Twenty Thousand Dollars ($120,000) or more; or to be licensed as a "Class B Contractor" before submitting a bid of Ten Thousand Dollars to One Hundred Twenty Thousand Dollars ($10,000 to

$120,000); or to be licensed as a "Class C Contractor" before submitting a bid of One Thousand Dollars to Ten Thousand Dollars ($1,000 to $10,000). There are also cumulative total amounts, which can require a certain class of license, and bidders should check these requirements as well. (See also Section 7 of the General Conditions.)

5.2 Other Licenses, Permits, Fees, and Taxes:

a. Successful bidder is responsible for paying on time for all licenses, permits, fees, and taxes applicable to the project. Such charges and fees include, but are not limited to the applicable building permits, mechanical and electrical permits, hauling and dumping of material, and such bidder will have to possess a City business license and be responsible for paying City of Roanoke business license taxes, as applicable. See Section 3 of the General Conditions.

b. Right of Way Excavation Permit – Bidders are advised that all work within the public rights of way require a Right of Way Excavation Permit from the City’s Department of Public Works and/or the City’s Department of Planning, Building and Development. The successful Bidder, at its cost, shall be responsible for obtaining such permit(s) and providing a separate Excavation Permit Bond(s) in accordance with the requirements of the City’s Right of Way Excavation and Restoration Standards, Revised July 1, 2020. Any such Bond(s) or other items are in addition to the Performance Security and Labor and Material Payment Security required for this Project.

5.3 Virginia State Corporation Commission: Each Bidder who is a stock or nonstock corporation, limited liability company, business trust, or a limited partnership or other business entity shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if required by law. Each such Bidder shall include in its bid response the Identification Number issued to it by the Virginia State Corporation Commission (SCC) and should list its business entity name as it is listed with the SCC. Any Bidder that is not required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity as required by law shall include in its bid response a statement describing why the Bidder/Offeror is not required to be so authorized. (See Va. Code Section 2.2-4311.2).

SECTION 6. PREPARATION AND SUBMISSION OF BIDS

6.1 Bid Form: Bids shall be submitted on the Bid Form furnished, or copy thereof, and shall be completed and signed in ink. A copy of the Bid Form is provided in these specifications for the information of bidders only. Except as may be otherwise stated, all blank spaces in the Bid Form should be filled in and no changes shall be made to the Bid Form. Erasures or other changes in a bid amount must be explained or noted over the initials of the bidder. Bids containing any conditions, omissions, unexplained erasures, alterations or items not called for in the bid documents, or irregularities of any kind, may be rejected by the City as being incomplete and/or non-responsive. NO

CHANGES MADE TO THE BID FIGURES BY NOTATIONS ON THE OUTSIDE OF THE

ENVELOPE WILL BE CONSIDERED IN THE REVIEW AND TABULATION OF BIDS

OR FOR ANY OTHER PURPOSE.

6.2 Escrow: Not Used.

6.3 Signatures: Each bid must give the full business address of the bidder and be signed by bidder with its usual signature. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which they are incorporated and by the signature and designation of the president or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below each signature. A bid by a person who affixes to his signature the word "President," "Authorized Agent," or other designation without disclosing such principal firm or employer, may be held to be the bid of the individual signing. Satisfactory evidence of the authority of the president or authorized agent signing on behalf of the corporation shall be furnished upon request by the City.

6.4 Bid Amounts: Bidders shall indicate in the appropriate blank spaces on the Bid Form the amounts for the base bid and any alternates, written with ink or typed, in both words and figures. In the event of a discrepancy between the words and figures expressed in the base bid or alternates, the word amount shall govern. Any unit prices for separate items as called for on the Bid Form shall be written with ink or typed in figures in the appropriate blanks.

6.5 Bid Package Checklist: Bidders should include with their bid the documents or information set forth in the Bid Package Checklist. See Section 16.

SECTION 7. RECEIPT AND OPENING OF BIDS

7.1 Delivery of Bid: It is the responsibility of the bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered.

7.2 Receipt of Bid: Delivery Alert: Due to measures the City of Roanoke is taking in response to COVID-19, the Bidders are required to submit their bid by the due date and time via email to purchase@roanokeva.gov. Emails received after the due date and time will not be considered. The email must include the ITB number and title in the subject line and Company name. All other references to delivery methods of the bid are not valid.

EMAIL SUBJECT SHALL INCLUDE: Bid Number: 24-08-35, Open date: January 24, 2024, Due Time: 2:00 pm, and company name.

7.3 Opening of Bid: Bids will be opened and read via conference call at the time and place stated in the Invitation to Bid. The contents may be made public in accordance with Section 2.2-4342 of the Code of Virginia. The officer or agent of the City, whose duty it is to open them, will decide when the specified time has arrived. No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified.

7.4 Withdrawing Bid: After the date of opening of bids, no bid may be withdrawn for at least sixty (60) calendar days after such opening date, except as provided in Section 12 of these Instructions to Bidders.

SECTION 8. BID SECURITY

Each bid of $100,000 or more must be accompanied by a Bid Security in an amount equal to five (5%) percent of the maximum possible bid price in accordance with Sections 2.2-4336 and 2.2-4338 of the Code of Virginia. The Bid Security shall be furnished in one of the following forms:

a. Bid Bond, in a form substantially similar to the one provided in the Contract Documents, made payable to the City of Roanoke and properly executed by the bidder as Principal and a Corporate Surety authorized to transact business in the Commonwealth of Virginia. Attorneys-in-fact who execute Bid Bonds must file with the bond a certified copy of their Power of Attorney.

b. Certified check, cashier’s check, or cash escrow deposited with the City of Roanoke

Treasurer in the face amount required for the Bid Security and made payable to the City of Roanoke.

c. Personal Bond or Letter of Credit issued by an authorized financial institution in the face amount required for the Bid Security, made payable to the City of Roanoke. These forms of security shall be submitted for review and must be approved by the City Attorney, in his/her sole discretion, at least three (3) business days prior to receipt of bids. Approval will be based upon a determination that the form of security offered will adequately protect the interests of the City as equivalent to a corporate surety's bond.

d. For return of Bid Security, see Sections 13 and 14 of these Instructions to Bidders.

SECTION 9. INTENT

9.1 Work Required: The City requires that the successful bidder perform a complete and satisfactory job in accordance with the Contract Documents.

9.2 Conflicts in Contract Documents: Anything called for by one of the Contract

Documents and not called for by the others shall be of like effect as if required or called for by all Contract Documents. In the case of conflict, refer to City Specification 01100, Hierarchy of Construction Documents.

9.3 Work Not Described: All work not specifically described in the Contract Documents, yet required to produce a fully functional and properly operating project shall be provided even though every item or minor detail for the proper installation or successful operation of the entire Work is not mentioned in the Contract Documents.

9.4 Completion of Work: The successful bidder acknowledges and agrees that it has taken into account in its bid the requirements of the bid and Contract Documents, local conditions, availability of material, equipment, labor, and any other factors which may affect the performance of the Work. The successful bidder agrees and warrants that it will complete the Work not later than the time period or date indicated for completion.

SECTION 10. MATERIAL AND WORKMANSHIP

10.1 "Or Equal" Clause: The particular brand, make of material, device, or equipment described in the Contract Documents establishes a standard of required function, economy of operation, dimension, appearance, and quality to be met by any proposed substitution. No substitution will be considered unless a written request for approval has been submitted by the bidder and has been received by the

Purchasing Division at least ten (10) calendar days prior to the date for receipt of bids. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data, and any other information necessary or required by the City for an evaluation. A statement setting forth any changes in other material, equipment, or work that incorporation of the substitute would require shall be included. The burden of proof of merit of the proposed substitute is upon the bidder.

10.2 Approval of Substitution: The City’s decision of approval or disapproval of a proposed substitution shall be in his sole discretion and shall be final. If the City approves any proposed substitution, such approval will be set forth in an addendum issued to all recorded bidders. Bidders shall not rely on approvals made in any other manner.

10.3 Adaptation Due to Substitution: The successful bidder shall be responsible for making all changes in the Work necessary to adapt and accommodate any equivalent product or item which it uses. The necessary changes shall be made at the successful bidder's sole expense.

SECTION 11. STATEMENT OF QUALIFICATIONS

Bidder shall complete the “Statement of Qualifications” found in “Appendix E” of the Project Manual. Information provided will be considered in award of the Contract. It is important that this document is completed in full and submitted as a part of the Bid. The City reserves the right to request additional information if needed in order to fully evaluate and bid. Each bidder shall be prepared to submit financial ability to perform the Work set forth in the Contract Documents, should such be required by the Contract Documents or Purchasing Division. Furthermore, each bidder must notify the Purchasing Division if bidder has been terminated from any contract or job in the last three (3) years and/or if bidder has been during the last three (3) years debarred from bidding on or performing any federal, state or local procurement or job. If so, bidder must supply details of such matters by separate written statements included with bidder’s response.

Any bidder who is currently debarred will not be eligible to bid on this project.

SECTION 12. ERRORS IN BIDS

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

12.2 Withdrawal Procedure: The bidder shall give notice in writing and shall submit the original work papers with such notice to the City of its claim of right to withdraw its bid within two (2) business days after the conclusion of the opening of bids as set forth in Section 2.2 - 4330 (B)(1), of the Code of Virginia.

12.3 Withdrawal Requirements: Other applicable provisions of Section 2.2 - 4330 of the

Code of Virginia shall apply to any errors in bids or any requested withdrawal due to errors in bids.

SECTION 13. REJECTION OF BIDS

13.1 Rejection of Bids: The City reserves the right to cancel the Invitation to Bid, to reject any or all bids, to reject the bid of a bidder who is not in a position to perform the contract, or to waive any informalities in any bid.

13.2 Bid Security Return for Rejected Bids: The Bid Security will be returned to all rejected bidders after the City has issued and posted an Award.

13.3 Bid Security Return for Unsuccessful Bids: Should a bid not be accepted by the City within sixty (60) consecutive calendar days after the opening of bids, or within such other time specified in the Bid Documents, each bidder may obtain its Bid Security from the City.

SECTION 14. ACCEPTANCE OF BIDS, EVALUATION OF BIDS, AWARD OF CONTRACT,

AND SECURITY REQUIREMENTS

14.1 Acceptance of Bids: Each bidder should submit with its bid documentation the bidder's legal name and indicate the type of business entity bidder is operating under; i.e., if a corporation, bidder should enclose a copy of the Certificate of Incorporation issued by the State Corporation Commission; if a partnership, bidder should enclose a copy of the relevant portions of the Partnership Agreement; if a limited liability company, bidder should enclose a copy of the Certificate of Organization.

14.2 Evaluation and Award to Lowest Responsive and Responsible Bidder: To determine the lowest responsive and responsible bidder with respect to this bid, the following items, may be considered so as to protect the interest of the City:

a. The total base bid plus any alternates (aka - additive bid item) the City elects to accept, if any. The City reserves the right to accept alternates in any order or combination.

b. If a unit price contract is requested, the total amount based on the estimated quantities as set forth in the Bid Form will be considered. (The listed unit prices for each item will control and any mathematical errors may be adjusted by the Purchasing Division using the proper estimated quantities.)

c. The ability, capacity and skill of the bidder to perform the contract or provide the services and/or items required.

d. Whether the bidder can perform the contract promptly and within the time specified, without delay or interference.

e. The character, integrity, reputation, judgment, experience and efficiency of the bidder.

f. The quality of performance of previous contracts or services.

g. The previous and existing compliance by the bidder with laws and ordinances relating to the contract, purchase or service.

h. The equipment and facilities available to the bidder to perform the contract or provide the services and/or items.

i. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services and/or items.

j. The quality, availability and adaptability of the supplies, materials, equipment or services to the particular use required.

k. The ability of the bidder to provide future maintenance, parts and service for the use of the subject of the purchase or contract, if required.

l. Bids shall be evaluated based on the requirements set forth in this Invitation to

Bid, and other criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, suitability for a particular purpose and life cycle cost. The City, in its sole discretion, may elect to waive an informality in any bid.

Should a Contract be awarded to a bidder, it will be awarded to the lowest responsive and responsible bidder. If an award of a contract is made, notice of the award, or the announcement of the decision to award, will be made by posting a notice of such award or announcement in the foyer area of the second floor of the Noel C. Taylor Municipal Building at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Said notice or announcement will also be posted on the Purchasing website at:

http://www.roanokeva.gov/purchasing (select Awarded Bids link).

14.3 Negotiation of Bid: If the bid by the lowest responsive and responsible bidder exceeds available funds, the City reserves the right to negotiate with the apparent low bidder pursuant to Section 2.2-4318 of the Code of Virginia. The conditions and procedures under which such negotiation may be undertaken are that the appropriate City officials shall determine that the lowest responsive and responsible bid exceeds available funds and notify such bidder in writing of its desire to negotiate. Thereafter, negotiations with the apparent low bidder may be held to obtain a Contract within available funds involving discussions of reduction of quantity, quality, or other cost saving mechanisms. Any such negotiated Contract shall be subject to final approval of the City, in the sole discretion of the City.

14.4 Contract Execution: The successful bidder shall be required, within fourteen (14) consecutive calendar days after receipt of the Contract, to return the signed Contract, and furnish to the City all other documents as enumerated hereinafter:

a. Performance Security (if applicable)

b. Labor and Material Payment Security (if applicable)

c. Certificate of Insurance

14.5 Security: A Performance Security and a Labor and Material Payment Security each in the amount of one hundred percent (100%) of the contract amount for all contracts in excess of One Hundred Thousand Dollars ($100,000) in accordance with Sections 2.2- 4337 and 2.2-4338 of the Code of Virginia, shall be furnished by the successful bidder in one of the following forms:

a. A Performance Bond and a Labor and Material Payment Bond, on forms as provided in the Contract Documents, made payable to the City of Roanoke, properly executed by the successful bidder as Principal and a Corporate Surety authorized to transact business in the Commonwealth of Virginia. Attorneys-in-fact who execute the bonds must file with each bond a certified copy of their Power of Attorney.

b. Certified checks, cashier’s check, or cash escrow in the face amount required for the Performance Security and the Labor and Material Payment Security each made payable to the City of Roanoke.

c. Personal Bond or Letter of Credit issued by an authorized financial institution in the face amount required for the Performance Security and the Labor and Material Payment Security, made payable to the City of Roanoke. These forms of security must be approved by the City Attorney, in his/her sole discretion.

Approval will be based upon a determination that the form of security offered will adequately protect the interests of the City as equivalent to a corporate surety's bond.

14.6 Escrow Agreement Form: Not Used.

14.7 Bid Security Return for Successful Bid: Upon the execution of the Contract

Documents and approval of the Performance and Payment Securities, the Bid Security shall be returned to the successful bidder. Should the successful bidder fail or refuse to execute the Contract Documents or furnish the required Performance and Payment Securities within the stipulated time, the Bid Security shall be due and paid to the City and the City shall be entitled to collect the Bid Security. In addition, the City may pursue any and all other remedies available to it at law or in equity against said bidder.

SECTION 15. ETHICS IN PUBLIC CONTRACTING

The provisions, requirements, and prohibitions as contained in Sections 2.2 - 4367 through 2.2- 4377, of the Code of Virginia, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this project.

SECTION 16. BID PACKAGE CHECKLIST

The following items must be completed and included in your bid package. Failure to include all required forms may result in rejection of the bid. If any of these documents were not included with your Project Manual, please contact the Purchasing Division at (540) 853-2871.

a. Completed Bid Form (all pages).

b. State of Qualifications

c. Properly Executed Bid Security (Bid Bond, Certified or Cashier’s Check, etc., if applicable).

SECTION 17. PROTESTS

Any bidder who wishes to protest or object to any award made or other decisions made pursuant to the Invitation to Bid may do so only in accordance with the provisions of Sections 2.2-4357, 2.2-4358, 2.2-4359, 2.2-4360, 2.2-4363, and 2.2-4364 of the Code of Virginia, and only if such is provided for in such Code Section. Any such protest or objection must be in writing signed by a representative of the entity making the protest or objection and contain the information required by the applicable Code Sections set forth above. Such writing must be delivered to the City Purchasing Manager within the required time period.

SECTION 18. MISCELLANEOUS

a. No bidder shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit or money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

b. The City may make investigations to determine the ability of the bidder to perform or supply the services or items as described in this Invitation to Bid. The City reserves the right to reject any bid if the bidder fails to satisfy the City that it is qualified to carry out the obligations of the proposed contract.

c. The successful bidder must comply with the nondiscrimination provisions of Section 2.2-

4311 of the Code of Virginia, which are incorporated herein by reference.

d. The successful bidder must comply with the drug-free workplace provisions of Section

2.2-4312 of the Code of Virginia, which are incorporated herein by reference.

e. It is the policy of the City of Roanoke to maximize and encourage participation by local, Small, Minority-Owned, Women-Owned, and Service Disabled Veteran-Owned businesses in all aspects of City contracting opportunities.

f. The successful bidder shall comply with all applicable City, State, and Federal laws, codes, provisions, and regulations.

g. Providers of any outside services shall be subject to the same conditions and requirements as the successful bidder in regards to law, code or regulation compliance.

The City reserves the right of approval for any subcontract work, including costs thereof.

h. This Invitation to Bid and all responses are subject to Section 2.2-4342 of the Code of

Virginia regarding public inspection of records and the procedures a bidder must follow to protect trade secrets and proprietary information and could be subject to the Virginia Freedom of Information Act.

i. Conflict of Interests Act. The provisions, requirements and prohibitions as contained in

Sections 2.2-3100, et. seq. of the Code of Virginia are applicable to this Invitation to Bid.

j. The procurement provisions of the Code of the City of Roanoke (1979), as amended, Sections 23.2-1, et. seq., as well as the City Procurement Manual, apply to this Invitation to Bid, unless specifically modified herein. The City’s Procurement Manual can be reviewed at the Purchasing office.

k. Insurance. Successful bidder, and any of its subcontractors, shall, at its or their sole expense, obtain and maintain during the life of the resultant contract the insurance policies and bonds required. Any required insurance polices and bonds shall be effective prior to the beginning of any work or other performance by successful bidder, or any of its subcontractors, under any resultant contract. The policies and coverages required are those as may be referred to in the sample contract and/or the general conditions or other documents of this Invitation to Bid.

l. Each bidder is to notify in writing the Purchasing Division if any of bidder’s owners, officers, employees, or agents, or their immediate family members, is currently, or has been in the past year, an employee of the City of Roanoke or has any responsibility or authority with the City that might affect the procurement transaction or any claim resulting therefrom. If so, please provide the Purchasing Division with the complete name and address of each such person and their connection to the City of Roanoke.

Each bidder is advised that the Ethics in Public Contracting and Conflict of Interests Act of the Code of Virginia, as set forth in this Invitation to Bid, apply to this Invitation to Bid.

Such information should be provided in writing before the bid opening date or may also be provided with the bid response.

Stormwater Drainage Improvement Project Bid Form

BID FORM

DATE:

SUBMITTED BY:

(Exact Legal Name of Bidder)

NOTE: ALL PAGES OF THE BID FORM ARE TO BE INCLUDED IN THE COMPLETED BID. IN

ADDITION, BIDS CONTAINING ANY CONDITIONS, OMISSIONS, UNEXPLAINED ERASURES,

ALTERATIONS OR ITEMS NOT CALLED FOR IN THE BID, OR IRREGULARITIES OF ANY KIND,

MAY BE REJECTED BY THE CITY AS BEING NON-RESPONSIVE. NO CHANGES ARE TO BE

MADE TO THE BID FORM. ANY CHANGES TO A BID AMOUNT MUST BE INITIALED BY THE

AUTHORIZED PERSON SIGNING THE BID FORM.

The undersigned hereby proposes and agrees, if this bid is accepted by the City of Roanoke, to enter into a Contract with the City of Roanoke, Virginia, (hereafter - City or Owner) to furnish all equipment, materials, labor, and services necessary to complete the Stormwater Drainage Improvement Project – Narrows Lane Stream Restoration, ITB Bid No. 24-08-35, in accordance with the Contract Documents as prepared by or for the City.

The quantities of work to be done at the unit prices indicated are approximate only and are intended principally to serve as a guide in evaluating bids. Subject to the constraints of the General Conditions and other Contract Documents, the quantities of work to be done and material furnished at the unit prices bid may be increased or decreased as considered necessary by the City to fully complete the Work as planned. The measurement and payment for the bid items is located in Specification Section 01200.

The lowest responsive and responsible bidder shall be awarded the Contract.

BASE BID SCHEDULE

Stormwater Drainage Improvement Project – Narrows Lane Stream Restoration

ITB Bid No. 24-08-35

ITEM DESCRIPTION EST.

QTY. UNIT UNIT PRICE TOTAL AMOUNT

1 Mobilization / Demobilization 1 LS

2 Surveying: Construction 1 LS 3 Maintenance of Traffic and Work

Area Protection 1 LS

4 Erosion and Sediment Control 1 LS 5 Clearing and Grubbing 1 LS 6 Demolition 1 LS 7 Exploratory Underground Utility

Work 1 LS

8 Pump Around Diversion 1 LS 9 Excavation 1 LS

10 Trench Rock Removal 50 CY 11 24” Concrete Pipe, Class IV 146 LF 12 30” Concrete Pipe, Class III 32 LF 13 VDOT Std. MH-2, 5’ I.D. 1 EA 14 VDOT Std. ES-1, 24” Dia. 2 EA 15 VDOT Std. ES-1, 30” Dia. 1 EA 16 VDOT Std. EW-1, 24” Dia. 1 EA 17 Mailbox Post 7 EA 18 Water Service Lateral Adjustment 2 EA 19 Stormwater Conveyance Channel, Type A 265 LF

20 Boulder Pool 7 EA 21 Log Vane 1 EA 22 Log Vane with Rock Sill 1 EA 23 In-Stream Rock Sill 3 EA

24 In-Stream Habitat Log Sill 7 EA 25 Reinforced Bed Material 520 LF 26 Outlet Protection: Class II 16 SY 27 Imbricated Rock Wall 20 LF 28 Non-Native and Invasive Species

Control 1 LS

29 Live Stakes 1260 EA 30 Riparian Forest Seeding 1070 SY 31 6-Ft Height Balled and Burlapped Trees 6 EA

32 Coir Fiber Matting 1070 SY 33 Sodding 100 SY 34 Riparian Forest Plantings (as gallon container) 400 EA

35 Driveway Restoration: Asphalt 60 SY 36 Surveying: As-Built 1 LS

TOTAL BID $

The undersigned hereby acknowledges the receipt of the following addenda to the Contract Documents:

Addendum Number __________ Dated ___________________

Addendum Number __________ Dated ___________________ Addendum Number __________ Dated ___________________

The undersigned hereby agrees, if this bid is accepted by the City, to commence work with an adequate force and equipment on the date stipulated in the written "Notice to Proceed" from the City and to substantially complete the work within two hundred ten days (210) consecutive calendar days from the date stipulated in the written "Notice to Proceed", and to achieve Final Acceptance within thirty (30) consecutive calendar days thereafter, and to pay as liquidated damages the sum of Three Hundred Dollars ($300) per day to the City of Roanoke for each consecutive calendar day in excess of the time indicated to substantially complete the work as indicated above and then to reach Final Acceptance as set forth above to fully and satisfactorily complete the Work. (See Section 21 of the General Conditions.)

The Project and the work, services, and materials for such Project are subject to various VDOT, local, State, and/or Federal terms and provisions as set forth in or referred to in the bid documents and/or any resultant contract documents.

The Bidder, by submission of this bid, hereby certifies that such Bidder has read all of the bid documents and such Bidder is making the certifications contained in and/or referred to in the bid documents and agrees to be bound by such certifications.