3235TP - Bid Docs (Pro Man & Tech Specs).pdf

Air Park West WST Rehabilitation Hanover County, Virginia

IFB #25-14-3235TP

PROJECT MANUAL

SEPTEMBER 26, 2024

AIR PARK WEST WST REHABILITATION

DEPARTMENT OF PUBLIC UTILITIES

HANOVER COUNTY, VIRGINIA

INVITATION FOR BID NO. 25-14-3235TP

VIRTUAL PRE-BID CONFERENCE: 10:00 a.m., October 15, 2024

(In-Person Site-Visit: 10:00 a.m., October 16, 2024)

BIDS DUE, prior to 2:00 p.m., November 8, 2024

PREPARED FOR: PREPARED BY:

COUNTY OF HANOVER KIMLEY-HORN & ASSOCIATES, INC.

DEPARTMENT OF PUBLIC UTILITIES ATTN: NICHOLAS ROBERTSON, P.E., PMP

P. O. BOX 470 NICHOLAS.ROBERTSON@KIMLEY-HORN.COM

HANOVER, VA 23069-0470 2035 MAYWILL STREET, SUITE 200

TELEPHONE: (804) 365-6025 RICHMOND, VA 23230

PH: 804-673-3882

HANOVER COUNTY FINANCE AND MANAGEMENT SERVICES

PURCHASING DIVISION

804-365-6015

This public body does not discriminate against faith-based organizations.

IFB #25-14-3235TP 00010 - 1

SECTION 00010

TABLES OF CONTENTS

SECTION DESCRIPTION

TITLE PAGE

SECTION 00010 TABLE OF CONTENTS/TECHNICAL SPECIFICATIONS

SECTION 00020 INVITATION FOR BID

SECTION 00030 INSTRUCTION TO BIDDERS

SECTION 00040 HANOVER COUNTY GENERAL TERMS AND CONDITIONS

SECTION 00050 BID FORM

SECTION 00060 LIST OF SUBCONTRACTORS

SECTION 00070 AGREEMENT

SECTION 00080 SUPPLEMENTARY CONDITIONS TO THE STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

THE LATEST REVISION OR VERSION OF THE FOLLOWING DOCUMENTS ARE INCORPORATED

HEREIN AND INCLUDED BY REFERENCED ONLY AND MAY BE REVIEWED AND OR OBTAINED

FROM THEIR APPROPRIATE ORGANIZATION:

* STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (EJCDC NO. 1910-8, 1996 EDITION)

* CONTRACTOR'S QUALIFICATION STATEMENT (AIA DOCUMENT A305, 1986 EDITION)

* PERFORMANCE BOND AND PAYMENT BOND (AIA DOCUMENT A312-1984 or latest version)

* CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS (AIA DOCUMENT G706A - 1994 EDITION)

* CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS (AIA DOCUMENT G706-1994)

* CONSENT OF SURETY COMPANY TO FINAL PAYMENT (AIA DOCUMENT G707-1994)

IFB #25-14-3235TP 00010 - 2

TECHNICAL SPECIFICATIONS – TABLE OF CONTENTS

SECTION DESCRIPTION

SECTION 01220 UNIT PRICES

SECTION 05 50 00 METAL FABRICATIONS

SECTION 09 91 00 STEEL WATER STORAGE TANK PAINTING

APPENDIX

2017 QCS TANK EVALUATION REPORT

(Ground Storage Reservoir Inspection Report – Air Park Standpipe)

END OF SECTION

IFB #25-14-3235TP 00020 - 1

SECTION 00020

ADVERTISEMENT

Sealed bids, in accordance with the Bid Documents, will be received by the Finance and Management Services Department

(Purchasing Division) prior to 2:00 P.M., NOVEMBER 8, 2024, and publicly opened and read aloud. Bids received after the above time shall not be considered. The time a bid is received shall be determined by the time stamped by the clock in the Purchasing office. Bidders are responsible for ensuring that the County personnel stamp their bids by the deadline indicated. In the event this time clock is not functioning, the time shall be determined by the time displayed on the landline telephone near the time clock. The time on the telephone will be written on the bid by hand, by County staff. Should the

County be officially closed at the time the bid is due or prebid conference is scheduled, the bid due date or prebid conference date shall automatically be changed to the same time the next day the County is officially open at that time.

Delivery of Bid Responses. Bid responses must be submitted prior to the date and time stated above to:

BY MAIL: OR BY EXPRESS COURIER OR HAND

DELIVERY:

County of Hanover County of Hanover

Finance and Management Services Department Finance and Management Services Department

(Chenault-Weems Bldg., 2nd floor) (Chenault-Weems Bldg., 2nd floor)

Purchasing Division Purchasing Division

P.O. Box 470 7507 Library Drive

Hanover, Virginia 23069-0470 Hanover, Virginia 23069-0470

The project is generally described as: Provide all labor, materials, tools, equipment, services, transportation, and incidentals necessary for the rehabilitation of Air Park West water storage tank, including but not limited to, replacement of the coatings on the existing water storage tank and to perform structural modifications that are called for on the Contract

Drawings. All work shall be as described in the Project Manual and shown on the Contract Drawings.

Optional Pre-Bid Conference: A virtual pre-bid conference will be held for this project at 10:00 A.M., OCTOBER 15, 2024, with an in-person site-visit the following day (OCTOBER 16, 2024) beginning at 10:00 A.M. The site-visit will begin by meeting at the Air Park West WST located at 10414 Leadbetter Road, Ashland, VA 23005. To acquire information for attending the virtual meeting, contact Trena A. Ponton, CPPB, Purchasing Officer Senior at taponton@hanovercounty.gov at least 24 hours in advance of the meeting.

The pre-bid meeting and site-visit are to allow potential Bidders an opportunity to present questions and obtain clarification related to any facet of this project. While attendance will not be a prerequisite to submitting a bid, Bidders who intend to submit a bid are encouraged to attend. All questions about the meaning or intent of the Bid Documents or

Contract Documents, even those presented during both meetings shall be submitted in writing to the ENGINEER, Kimley-

Horn & Associates, Inc., Nicholas Robertson, P.E., PMP, Nicholas.Robertson@Kimley-Horn.com, (804) 673-3882. In order to receive consideration, all questions should be received by the ENGINEER prior to 12:00 P.M., OCTOBER 18, 2024. Any changes made to the written requirements of the Bid Documents or Contract Documents shall be made by written Addendum only.

Bid Packet Availability: At no cost to the Bidder Bid documents, in Adobe .pdf format, are available from eVA (Virginia’s eProcurement Marketplace) at http://www.eva.virginia.gov. Electronic copies are also available, at no charge to the

Bidder, by contacting the ENGINEER. Depending on document(s) size and program, special software may be required to download and or view the solicitation. Hardcopies of Bid Documents will not be provided.

The OWNER does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete Bid

Documents posted on advertising sites/locations. The Bid Documents shall be used in preparing bid responses.

mailto:taponton@hanovercounty.gov mailto:Nicholas.Robertson@Kimley-Horn.com http://www.eva.virginia.gov/

IFB #25-14-3235TP 00020 - 2

General Information:

Upon proper request and identification, Bids may be withdrawn at any time prior to the bid due date and time set for receipt of Bids. However, consideration for withdrawal of Bids after the bid due date and time set for receipt of Bids shall comply with the Code of Virginia and as identified herein.

Any bid in response to this solicitation shall be valid for 90 calendar days. At the end of the 90 days the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at the time previously stated, it shall remain in effect until an award is made or the solicitation is canceled.

All Bidders are required to be registered under Title 54.1, Chapter 11 of the Code of Virginia.

Method of award of contract shall be identified in the Bid Form.

A Bid Security of 5% shall be required of Bids $100,000 and greater. A Performance and Payment Bond, each equaling

100% of the contract amount shall be required of a CONTRACT that is $100,000 and greater.

This Bid invitation, and award to the Successful Bidder, shall be conducted in accordance with the Code of Virginia, and

Bidders shall be subject to the provisions thereof.

For all further requirements regarding Bid submittal, qualifications, procedures, and contract award, refer to the

Instructions to Bidders that are included in the Bid Documents.

All Bidders are required to demonstrate compliance with the requirements found within this solicitation.

In the event there is a conflict between the provisions stated herein, and others referenced, the more stringent provision shall take precedence.

COUNTY OF HANOVER, VIRGINIA (COUNTY/OWNER)

ISSUED BY:

Trena A. Ponton, CPPB, Purchasing Officer Senior

Finance and Management Services Department

Purchasing Division

Chenault-Weems Building (2nd floor)

P.O. Box 470 / 7507 Library Drive

Hanover, VA 23069-0470

Telephone: (804) 365-6283

Facsimile: (804) 365-6100

Email: taponton@hanovercounty.gov (do to telework scheduling the best and more effective method to reach me is by email) mailto:taponton@hanovercounty.gov

IFB #25-14-3235TP 00030 - 1

SECTION 00030

INSTRUCTIONS TO BIDDERS

These INSTRUCTIONS TO BIDDERS are defined in EJCDC No. 1910-8 Standard General Conditions of the Construction

Contract (1996 Edition), and whereas modified within this solicitation.

CONTRACTOR: The term “CONTRACTOR” means the Successful Bidder to whom the contract is awarded to.

COUNTY/OWNER: The Purchasing Division of the Finance and Management Services Department provides purchasing support for Hanover County Government, Hanover County School Board, Pamunkey Regional Jail Authority and Pamunkey

Regional Library, hereinafter referred to as County. Any contract issued as a result of this solicitation shall be available for the use of any or all of these entities unless otherwise stated in the solicitation.

DESCRIPTION OF WORK: The project is generally described as: Provide all labor, materials, tools, equipment, services, transportation, and incidentals necessary for the rehabilitation of Air Park West water storage tank, including but not limited to, replacement of the coatings on the existing water storage tank and to perform structural modifications that are called for on the Contract Drawings. All work shall be as described in the Project Manual and shown on the Contract Drawings.

SUCCESSFUL BIDDER: The term "Successful Bidder" means the lowest, qualified, responsive and responsible Bidder to whom the County (on the basis of the County’s evaluation as hereinafter provided) makes an award.

The following are provided in alphabetic order.

1. BID SECURITY: A Bid Security in the amount of 5% percent shall be required of Bids $100,000 and greater. The

Bid Security may be in the form of a Bid Bond from a Surety legally authorized to do business in Virginia, or a cashier's check, or certified check payable to HANOVER COUNTY, VIRGINIA. The Bid Bond shall accompany the Bid. The Bidder shall require the attorney-in-fact that executed the Bid Bond on behalf of the surety company to affix thereto a certified and current copy of the power of attorney. The Bidder shall pay the cost of providing the

Bid security.

A. The Bid security is a guarantee that if the contract is awarded by the OWNER to the Bidder, the Bidder shall enter into the contract with the OWNER for the Work mentioned in the Bid or forfeit the Bid security to the OWNER, not as a penalty, but as liquidated damages.

B. Unless it shall become the property of, or payable to, the OWNER, the Bid security will be returned to the

Bidder, upon request, as hereinafter provided. Bid Bonds will be returned upon request by the Bidder to all except the low Bidder within five (5) business days after the OWNER and the Bidder have executed the contract. In the event the contract has not been fully executed within 90 calendar days after the opening of

Bids, the Bid security of any Bidder who has not been notified of the acceptance of its Bid will be returned promptly upon request.

2. COMPLETION OF CONTRACT DOCUMENTS/AWARD: The OWNER reserves the right to accept or reject any or all Bids or parts of Bids, to waive informalities, and to request rebids. A Bid may be modified by the Bidder any time prior to the time and date set for the receipt of Bids. The Bidder shall give the Purchasing Division notice of its intentions at the time the request to modify the Bid is given. Modified bids may be resubmitted up to the date and time set for the receipt of Bids. Telephone or facsimile modifications of Bids shall not be accepted.

A. It’s the intent of the OWNER to recommend the award of the contract for this Work to the lowest responsive and responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bid

Documents and does not exceed the funds available. In determining the lowest responsible Bidder, the

OWNER may consider, among other things, the Bidders past performance, conduct on other contracts, and other information provided by the Bidder on AIA Document A305, Contractor's Qualification Statement.

B. The OWNER may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed

Subcontractors and other persons and organizations to do the Work in accordance with the Bid Documents to the OWNER's satisfaction within the prescribed time.

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C. The OWNER reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to

OWNER's satisfaction.

D. The Bidder to whom the contract is awarded shall, within 15 days after prescribed documents are presented for signature, execute and deliver to the OWNER the Contract Documents and any other forms or bonds required by the Bid. Otherwise, the County may award the CONTRACT to the next lowest responsive and responsible Bidder and keep the Bidders Bid security, if any.

3. CONTRACTOR’S QUALIFICATION STATEMENT: Bidders being considered for award of a contract may be required to file a Contractor's Qualification Statement (AIA Document A305) and/or provide other such additional information as the County may request to assist it in determining the CONTRACTOR's qualifications to satisfy its obligations under the Request. Bidders requested to file such a statement or provide such additional information shall be given 48 hours to get the completed statement, or provide the requested information, to the County. The

County shall determine whether such information permits the Bidder to be considered as a responsible bidder in accordance with Section 2.2-4301 of the Code of Virginia. Factors which may be considered in arriving at this determination may include the financial stability and solvency of the Bidder; experience in completing work of a nature and scope similar to the work being bid; and performance and/or workmanship on previous contracts.

4. CONTRACT TIME: The number of days within which, or the date by which, the Work is to be completed (the

Contract Time) is set forth in the BID FORM and will be included in the Agreement.

5. DISCREPANCIES WITHIN BID/CONTRACT DOCUMENTS:

A. Prior to submission of bids, the Bidder (or any person bidding to Bidder and-or subsequently in contract with the Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, or omission or conflicting statement exists in the Bid or Contract Documents, said

Bidder (or sub-bidder) has an obligation to seek clarification thereof from the OWNER/ENGINEER. The

OWNER/ENGINEER welcomes such a clarification request and, if deemed necessary, the

OWNER/ENGINEER will issue a written Addendum clarifying the matter in question.

B. If the CONTRACTOR (or any person in contract with CONTRACTOR relating to the subject project) knew, or should have known, that an error, inconsistency, omission, ambiguity, discrepancy, conflict or variance exists in the BID/CONTRACT DOCUMENTS, such as associated codes, specifications and standards set forth therein, it is the CONTRACTOR’s obligation to seek clarification thereof from the

OWNER/ENGINEER prior to the time the Work is performed. The CONTRACTOR shall not be liable for damages relating thereto, if he has met this obligation. The OWNER/ENGINEER welcomes such a clarification request and, if deemed necessary by the OWNER/ENGINEER, the OWNER/ENGINEER will issue a written change to the contract clarifying the matter in question.

C. Should the Bidder/CONTRACTOR fail to seek such a clarification thereof immediately upon discovery, the Bidder/CONTRACTOR thereby waives, and agrees to indemnify and hold the OWNER/ENGINEER harmless from, any claim, suit or cause of action arising out of or related to such error, inconsistency, ambiguity, discrepancy, conflict or variance which Bidder/CONTRACTOR knew or should have known existed prior to the Bidder’s submission of Bid, and the CONTRACTOR’s performing any construction activity under the CONTRACT. The CONTRACTOR shall assume responsibility for such performance and shall bare all the cost of correction.

6. ETHICS IN PUBLIC CONTRACTING: The provisions contained in the Code of Virginia, Sections 2.2-4367 through

2.2-4377, of the Virginia Public Procurement Act, shall be applicable to all contracts solicited or entered into by this

County. A copy of these provisions may be obtained from the Purchasing Division Director upon request.

The provisions of this article supplement, but do not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code of Virginia), the Virginia

Governmental Frauds Act (Title 18.2, Chapter 12, Article 1.1 of the Code of Virginia) and prohibitions against bribery and related offenses (Title 18.2, Chapter 10, Articles 2 and 3 of the Code of Virginia). The provisions apply notwithstanding the fact that the conduct described may not constitute a violation of the Virginia Conflict of Interests

Act.

IFB #25-14-3235TP 00030 - 3

7. EXAMINATION OF SITE AND BID DOCUMENTS: Before submitting a Bid, each Bidder shall (a) thoroughly examine the Bid and Contract Documents, (b) visit the site of the proposed work to become familiar with the local conditions that may in any manner affect cost, progress or performance of the Work, (c) become familiar with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, and (d) study and carefully correlate the Bidders observations with the Bid and Contract

Documents.

Bidders are requested and expected to visit the site of the project such as: labor and transportation, handling and storage of materials, the availability of materials, and site access. The failure or omission of any Bidder to examine the documents or to visit the site shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract. The submission of a Bid shall be taken as prima facie evidence of compliance with this section.

A. The Bidder should consult the Instructions to Bidders, Hanover County General Terms and Conditions, and

EJCDC No. 1910-8 Standard General Conditions of the Construction Contract (1996 Edition), and whereas modified and supplemented within this solicitation, for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or reports that otherwise may affect cost, progress, or performance of the Work which have been utilized by the OWNER/ENGINEER in preparation of the Drawings and Specifications. These reports, if any, are included in this Project Manual. These reports are not intended or constitute any explicit or implicit representation as to the nature of the subsurface and latent physical conditions which may be encountered at the site or to constitute explicit or implicit representations as to any other matter contained in any report. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Before submitting a Bid, each Bidder will, at its own expense, make such investigations and tests as the Bidder may deem necessary to determine its Bid for performance of the Work in accordance with the Contract Documents. On request 24 hours in advance, the OWNER will provide each Bidder access to the site to conduct explorations and tests each

Bidder deems necessary for submission of a Bid.

The Bidder shall obtain all necessary permits to complete explorations or tests, obtain permission from property owners to enter properties, fill all holes, clean up, and restore the site to its former condition upon completion of such explorations or test. Arrangements for site visits shall be made by calling the appropriate County department at the number listed on the cover page of this Project Manual.

B. The lands upon which the Work is to be performed, right-of-way for access thereto, and other lands available for use by the successful CONTRACTOR in performing the Work are identified in the

Instructions to Bidders, Hanover County General Terms and Conditions, and EJCDC No. 1910-8 Standard

General Conditions of the Construction Contract (1996 Edition), and whereas modified and supplemented within this solicitation, General Construction Standards, or Drawings.

C. The submission of a Bid constitutes an incontrovertible representation by the Bidder that it has complied with every requirement of this Section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

D. If the CONTRACTOR (or any person in contract with CONTRACTOR relating to the subject project) knew, or should have known, that an error, inconsistency, omission, ambiguity, discrepancy, conflict or variance exists in the Bid Documents, or between the Contract Documents and any of the codes, specifications and standards set forth therein, the CONTRACTOR has the obligation to seek a clarification thereof from the OWNER/ENGINEER prior to the time the Work is performed which is affected by such error, inconsistency, omission, ambiguity, discrepancy, conflict or variance. The CONTRACTOR shall not be liable for damages relating thereto, if he has met this obligation. The OWNER will welcome such a clarification request and, if deemed necessary by the ENGINEER, the ENGINEER or the OWNER will issue a written change to the contract clarifying the matter in question.

E. If the CONTRACTOR performs any construction activity which he knows or should know involves an error, inconsistency, or omission in the Bid Documents without such notice to the OWNER/ENGINEER, the CONTRACTOR shall assume responsibility for such performance and shall bear the cost of correction.

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F. The CONTRACTOR will be held responsible for locating all underground structures such as water, oil and gas mains, water and gas services, storm and sanitary sewers and telephone and electric conduits which may be encountered during the construction operation. He shall dig test holes to determine the position of the underground structures. The CONTRACTOR shall pay the cost of digging test holes and likewise he shall pay the cost of the services of the representatives of the owners of such utilities for locating the said utilities. The cost of determining the location of any and all utilities is to be included in the Bid price.

G. Dimensioned and written information takes precedence over scale on all drawings. The CONTRACTOR shall verify all grades, lines, levels, and dimensions indicated on the drawings and shall report all inconsistencies in writing to the OWNER/ENGINEER and shall receive clarification of such inconsistencies from the OWNER/ENGINEER before commencing Work.

8. FOREIGN & DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE

COMMONWEALTH: In accordance with Code of Virginia § 2.2-4311.2 subsection B, a Bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid the identification number issued to it by the State Corporation Commission (SCC). Any Bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or

Title 50 or as otherwise required by law shall include in its bid a statement describing why the Bidder is not required to be so authorized. Indicate the above information on the SCC Form provided.

CONTRACTOR agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the

OWNER’s use and acceptance of such form, or its acceptance of CONTRACTOR’s statement describing why the

Bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the CONTRACTOR as demonstrating compliance.

9. INTERPRETATIONS AND ADDENDA: All questions about the meaning or intent of the Bid Documents or

Contract Documents shall be submitted to ENGINEER in writing. In order to receive consideration, questions should be received by ENGINEER as explained in Section 00020. Any interpretations of questions so raised, which in the opinion of the ENGINEER require interpretations, will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bid Documents not later than five days prior to the date fixed for the receipt of Bids. An Addendum extending the date for the receipt of Bids or an Addendum withdrawing the

Invitation to Bid may be issued any time prior to the date set for the receipt of Bids. ENGINEER and OWNER will not be responsible for oral interpretations or clarifications that anyone presumes to make on their behalf.

A. The OWNER may issue such additional Addenda as may be necessary to clarify, correct or change the Bid

Documents or the Contract Documents. Such Addenda, if any, will be issued in the manner and within the time stated in the preceding paragraph of this Section.

B. Each Bidder shall be responsible for determining that all Addenda issued for the Invitation to Bid have been received before submitting its Bid for the Work.

C. Each Bidder shall ascertain prior to submitting its Bid that it has received all Addenda issued and shall acknowledge receipt of each Addendum on the BID FORM.

D. Bidders and Sub-bidders shall promptly notify the ENGINEER of any ambiguity, inconsistency or error which they may discover upon examination of the Bid and Contract Documents or of the site and local conditions.

E. If the Bidder (or any person bidding to Bidder and/or subsequently in contract with the Bidder, relating to the subject project) knows, or should have known, that an ambiguity, discrepancy, error, omission or conflicting statement exists in the Bid or Contract Documents, said Bidder (or sub-bidder) has an obligation to seek a clarification thereof from the ENGINEER prior to Bid. The OWNER will welcome such a clarification request, and, if deemed necessary, the ENGINEER or OWNER will issue a written Addendum clarifying the matter in question.

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10. LAWS AND REGULATIONS: Laws and Regulations are set forth through the Code of Virginia, and whereas modified and supplemented within this solicitation. Additional provisions, if any, concerning Laws and Regulations are set forth in this solicitation.

A. The Bidder shall familiarize himself with and comply with all federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect the cost, progress, or performance of the Work.

B. The CONTRACTOR certifies that they do not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the

Federal Immigration Reform and Control Act of 1986.

11. LICENSES AND PERMITS: The CONTRACTOR shall secure and pay for all permits, governmental fees and licenses necessary for the proper execution and completion of the Work that are legally required prior to and during construction. Included in the permits required herein, the CONTRACTOR shall apply for and be issued a local permit for any land disturbing activity, and shall provide a “responsible land disturber” for the project, as required by Hanover County ordinance.

12. LIQUIDATED DAMAGES: Provisions for liquidated damages, if any, are set forth (not as penalty) in this solicitation.

13. NEGOTIATION WITH THE LOWEST BIDDER: Unless all bids are cancelled or rejected, the County reserves the right granted by § 2.2-4318 of the Code of Virginia to negotiate with the lowest responsive, responsible Bidder to obtain a contract price within the funds available to the County whenever such low bid exceeds the County’s available funds. For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the County for this contract prior to the issuance of the written

Invitation for Bids. Negotiations with the low Bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The County shall initiate such negotiations by notifying the lowest responsive, responsible Bidder that its bid exceeds the available funds and that the County wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the County and the Bidder.

14. PREPARATION AND SUBMISSION OF BIDS:

A. PREPARATION OF BIDS: The Bidder has carefully reviewed and understands the Bidding

Documents/Contract Documents, to the extent that such documentation relates to the Work for which the

Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction, and has verified that all of the Bidding Documents received are complete. The Bidder shall notify the OWNER and ENGINEER immediately if received Bidding Documents are not complete.

1. The Bidder has familiarized itself with all applicable federal, state and local laws, ordinance, rules and regulations that in any manner may affect cost, process or performance of the Work; the Bidder has obtained the necessary licenses for bidding, if applicable, and is licensed or certified to perform the Work.

2. The OWNER is exempt from Federal Excise and State Sales and Use Tax on all tangible personal property purchased or leased by it for its use or consumption. The Bidder shall pay all County, City, State, and Federal taxes required by laws enacted at the time Bids are received and resulting from the Work or traceable thereto, under whatever name levied. Said taxes shall not be added to the Contract price and the OWNER shall be held harmless for same by the CONTRACTOR.

Exemption certification will be supplied upon request.

3. The Bidder has inspected the site and has become thoroughly familiar with local conditions relating to the construction of this Project and the employment of labor thereon, and has correlated the

Bidder’s personal observations with the requirements of the proposed Contract Documents. The

Bidder shall have familiarized itself of the Drawings, Project Manual, Specifications and other

Contract Documents (including all addenda). Failure to do so shall not relieve the Successful

Bidder of its obligation to furnish all material of labor necessary to carry out the provisions of the

Contract for the Bid amount.

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B. SUBMISSION OF BIDS: Sealed Bids, in accordance with the Bid Documents, will be received prior to the date and at the time indicated in this solicitation, unless changed by Addendum.

1. Instructions and Bidder responsibilities for methods of Bid submission, and submission of original

Bid Bonds provided in the Advertisement of this solicitation.

2. Bids shall be completed on the BID FORM provided in the Bid Documents, or a copy thereof.

The OWNER shall not accept any oral Bids or Bids received by telephone, facsimile, or emailed. Failure to submit a Bid, or copy thereof, on the official County form provided for that purpose shall be a cause for possible rejection of the Bid. Modification of or additions to any portion of the Bid Documents may be cause for rejection of the bid. However, the

County reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a bid as nonresponsive. No modification of or addition to the provisions of the contract shall be effective unless in writing and signed by the parties.

4. Each Bid must give the full legal name and business address of the Bidder. If the Bidder is a corporation, the Bid must be submitted in the name of the corporation, not simply the corporation's trade name.

5. The BID FORM shall have original signatures, in black or blue ink, signed by a person authorized to bind the Bidder in contractual matters in order to be considered. The name and title of the person signing the Bid shall also be typed or printed as indicated on the BID FORM.

6. The BID FORM, the Bid security, if any, and any other documents required, shall be enclosed in a sealed envelope with the Contractor’s registration license number and legal business name, the

Invitation for Bid number, and the due date and time identified on the outside of the letter in the left hand corner. ANY NOTATION ON THE EXTERIOR OF THE ENVELOPE PURPORTING

TO ALTER, AMEND, MODIFY OR REVISE THE BID CONTAINED WITHIN THE

ENVELOPE SHALL BE OF NO EFFECT AND SHALL BE DISREGARDED.

7. Discrepancies between amounts shown in words and amounts shown in figures will be resolved in favor of the amounts shown in words. Discrepancies in the multiplication of units of Work and the unit prices will be resolved in favor of the correct multiplication of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

8. All erasures, insertions, additions, and other changes made by the Bidder to the BID FORM shall be signed or initialed by the Bidder. Bids containing any conditions, omissions, erasures, alterations, or items not called for in the Bid, may be rejected by the OWNER as being incomplete and nonresponsive.

9. Use of Information and Documents: The County and its officials, employees and agents will copy and use the response of the Bidder and documents included with the response, for various purposes related to analysis, evaluation, and decision to award a contract. Following award, the County may be required to allow inspection and copying of documents and may also use the Bidders documents in connection with any resulting contracts with that Bidder. The Bidder is responsible for obtaining any necessary authorizations for all such use of the documents and information, and for assuring that such copying and use is in conformance with laws related to trademarks and copyrights. Any documents or information for which the Bidder has not obtained such authorization, or for which such copying and use is not authorized, shall not be submitted. The undersigned Bidder agrees to indemnify, defend and hold the County, its officials, employees and agents harmless from any claims of any nature, including claims arising from trademark or copyright laws, related to use of information and documents submitted with the Bidders response.

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15. PROPRIETARY INFORMATION: Trade secrets or proprietary information submitted by a Bidder in connection with this procurement transaction shall not be subject to public disclosure under the Virginia Freedom of

Information Act; however, the Bidder must invoke these protections prior to or upon submission of the data or the materials, and must identify the data or other materials to be protected and state the reason why protection is necessary. [Virginia Code Section 2.2-4342F]. Bidders shall submit, and clearly identify in a separate section of the bid, any information considered by the Bidder to be trade secrets or proprietary information, and shall state the reason why protection is necessary. Bidders may not declare the entire bid proprietary nor may they declare pricing to be proprietary. References may be made within the body of the bid to proprietary information; however, all information contained within the body of the bid not in the separate section labeled proprietary shall be public information.

16. RECORD RETENTION/COUNTY AUDITS: Record retention and audit requirements are set forth in EJCDC No.

1910-8 Standard General Conditions of the Construction Contract (1996 Edition), and whereas modified and supplemented within this solicitation. The CONTRACTOR shall retain all books, records and other documents relative to this contract for five (5) years after final payment, or until audited by the County, whichever is sooner.

The County or its authorized representative shall have full access to and the right to examine any of said materials during said period. The CONTRACTOR shall include the provisions above in every subcontract or purchase order, so that the provisions will be binding upon each subcontractor or vendor. There shall be no fees or costs charged to the County by the CONTRACTOR for any such audit activities.

17. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: In accordance with Code of Virginia §

2.2-4311.2 subsection B, a Bidder organized or authorized to transact business in the Commonwealth pursuant to

Title 13.1 or Title 50 is required to include in its bid the identification number issued to it by the State Corporation

Commission (SCC). Any Bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid a statement describing why the Bidder is not required to be so authorized. Indicate the above information on the SCC

Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the County’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the Bidder was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

18. SUBCONTRACTING: No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom he has reasonable objection.

A. Each Bidder shall submit to the OWNER, with its Bid, the List of Subcontractors found in this Project

Manual, completed with the names of all such Subcontractors, Suppliers, other persons, and organizations proposed for those portions of the Work for which such identification is required. Suppliers and equipment manufacturers who are named in the BID FORM need not be named in the List of Subcontractors. The

OWNER will, during the term of this Agreement, have the right of reasonable rejection of staff or subcontractors assigned to the project by the CONTRACTOR. If the OWNER reasonably rejects staff or subcontractors, the CONTRACTOR must provide replacement staff or subcontractors satisfactory to the

OWNER in a timely manner and at no additional cost to the OWNER. The day-to-day supervision and control of the CONTRACTOR'S employees shall be solely the responsibility of the CONTRACTOR.

B. If the apparent Successful Bidder declines to make such a substitution, the OWNER may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons, and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the

Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom the OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the OWNER and ENGINEER.

C. By submitting the List of Subcontractors as provided for herein, the Bidder is indicating that the Bidder is confident that each Subcontractor listed:

1. Has sufficient financial capability, physical plant, and personnel to perform its duties under the contract.

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2. Has successfully provided similar work on at least three recent occasions.

3. Has stated or attached a list of the names of manufacturers whose products it will supply.

19. SUBSTITUTE MATERIAL AND EQUIPMENT: The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or equal” items of material or equipment. Such items may be furnished or used by the CONTACTOR if acceptable to the ENGINEER, the ENGINEER shall not review substitute or “or equal” items until after the

“effective date of the Agreement”. Requirements for proposing substitute material and or equipment are set forth in EJCDC No. 1910-8 Standard General Conditions of the Construction Contract (1996 Edition), and whereas modified and supplemented within this solicitation

20. WITHDRAWAL OF BIDS: Upon proper request and identification, Bids may be withdrawn at any time prior to the date and time set for the receipt of Bids. Once bids are received, withdrawal of bids shall be considered based upon the following:

A. The Bidder shall not be allowed to withdraw its Bid within 90 calendar days after the Bid opening date and time. At the end of the 90 calendar days the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

B. Bids may be withdrawn in accordance with the Code of Virginia §2.2-4330B(1), if the reason for withdrawal is due solely to a mistake in the bid, provided the bid was submitted in good faith and was an unintentional mathematical error or an unintentional omission of quantity of work, labor, or materials made directly in the compilation of a bid, and the mistake can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

C. If a bid contains both clerical and judgment mistakes, a Bidder may withdraw his bid from consideration if the bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional mathematical error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

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SECTION 00040

HANOVER COUNTY GENERAL TERMS AND CONDITIONS

In the event there is a conflict between the provisions stated herein, and others referenced, the more stringent provision shall take precedence.

1. eVA BUSINESS-TO-GOVERNMENT VENDOR REGISTRATION: The eVA Internet electronic procurement solution, web site portal www.eva.virginia.gov streamlines and automates government purchasing activities. All vendors desiring to provide goods and/or services to the County shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All Bidders or Offerors must register in eVA, failure to register may result in the bid being rejected. The County advertises all competitive solicitations on eVA but does not issue purchase orders through eVA unless required to by the terms and conditions of a state issued contract.

2. ACCEPTANCE OF GOODS/SERVICES: Goods/services delivered shall remain the property of the Contractor until a physical inspection or actual usage of the goods/services is made and thereafter accepted to the satisfaction of the

County. The goods/services must comply with the specifications and terms and conditions of this solicitation and be of the highest quality. In the event the goods/services supplied to the County are found to be defective or not to conform to specifications, the County reserves the right to cancel the contract upon written notice to the Contractor and return products to Contractor at the Contractor's expense.

3. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the County will publicly post such notice in eVA (https://eva.virginia.gov) for a minimum of 10 days.

4. ANTI-DISCRIMINATION: By submitting their bids, Bidders certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting

Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in A and B below apply:

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

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, will state that such Contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

B. The Contractor will include the provisions of (A) above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

5. APPLICABLE LAWS AND COURTS: This solicitation is governed by the laws of the Commonwealth of Virginia.

Any dispute or controversy arising out of or relating to this solicitation or otherwise shall be brought in the Hanover

County Circuit Court or in the United States District Court for the Eastern District of Virginia, Richmond Division;

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provided, however, that prior to the instigation of any such action (other than an action for equitable relief) a meeting shall be held at a mutually agreed upon location, attended by individuals with decision-making authority to attempt in good faith to negotiate a resolution of the dispute.

6. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

7. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of lawfully appropriated funds.

8. BID PRICE CURRENCY: Unless stated otherwise in this solicitation, Bidders shall state bid prices in US dollars.

9. BIDDER, OFFEROR AND CONTRACTOR COMPLIANCE: All Bidders, Offerors and Contractors shall comply with the Virginia Public Procurement Act, (Code of Virginia § 2.2-4300, et seq.), and all applicable County policies, regulations and procedures adopted pursuant thereto.

10. CONTRACT CHANGES: Any changes to the contract must be approved through issuance of a written contract addendum or change order. The County will not assume responsibility for the cost of any changes made without issuance of a written contract addendum or change order.

11. CONTRACTOR’S PERFORMANCE:

A. The Contractor agrees and covenants that its agents and employees shall comply with all County, State and

Federal laws, rules and regulations applicable to the business to be conducted under the Contract.

B. During the performance of this contract, the Contractor shall ensure that its employees shall observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds.

C. The Contractor shall cooperate with County officials in performing the Contract work so that interference with normal operations will be held to a minimum.

12. CONTRACTUAL CLAIMS: Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to: Director, Finance and Management Services Department, 7507 Library Drive, Hanover, VA 23069-0470 and shall include a description of the factual basis for the claim and a statement of the amounts claimed or other relief requested. The County Administrator will render a decision on the claim and will notify the

Contractor within 30 days of receipt of the claim. The Contractor may appeal the decision of the County Administrator to the Board of Supervisors by providing written notice to the County Administrator, within 15 days of the date of the decision. The Board of Supervisors shall render a decision on the claim within 60 days of the date of receipt of the appeal notice and such decision shall be final unless the Contractor appeals the decision in accordance with the

Virginia Public Procurement Act.