Project Manual

Version 4.13.26

Project Manual for

ITB No. 26-2952-5EAR

Fruehauf Road Relief Sewer

Project No. 1001/00732

Department of Public Utilities

County of Henrico, Virginia

July 6, 2026

Engineer of Record:

Ramboll

4435 Waterfront Drive, Suite 205

Glen Allen, VA 23060

Phone: 804-270-3515

Department of Public Utilities, County of Henrico, Virginia

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TABLE OF CONTENTS

1 Table of Contents TOC

2 Invitation to Bid ITB

3 Bid Form – Fixed Price Contract BF

4 Sample Fixed Price Agreement FPA

5 County of Henrico – Escrow Agreement ESC

6 County of Henrico – Escrow Agreement ACP

7 Sample Forms SF

8 Instructions to Bidders INST

County Documents

9 County of Henrico, Virginia Bid Bond

10 County of Henrico, Virginia Standard Performance Bond

11 County of Henrico, Virginia Standard Labor and Material Payment Bond

AIA Documents

12 Contractor’s Qualification Statement: AIA Document A305, 2020 Electronic Edition

13 Seals and Certification Page

Conditions of the Construction Contract

14 Standard General Conditions of the Construction Contract

15 Supplementary Conditions

Construction Specifications

Division Division Title

01000 General Construction Standards

01325 Progress Schedule

01330 Submittals

01380 Preconstruction Video

01501 Flow Control

02100 Site Clearing

02202 Grout for Abandonment

02221 Trenching & Backfilling

02250 Excavation by Blasting

02270 Soil Erosion and Sediment Control

02485 Seeding

02722 Sanitary Sewer System

02737 Manhole Rehabilitation

02741 Sewer Line and Manhole Cleaning

02742 Television Inspection

02762 New Connections and Replaced Sanitary Sewer Service Reconnections

Department of Public Utilities, County of Henrico, Virginia

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02799 Electronic Marker Balls

- END OF TABLE OF CONTENTS -

ITB-1

INVITATION TO BID

ITB No. 26-2952-5EAR

Sealed bids for the Fruehauf Road Relief Sewer in accordance with the conditions, specifications, and instructions below and on the attached sheets or drawings hereto, if any, will be received no later than 3:00 p.m., local prevailing time, August 6, 2026, and then publicly opened and read immediately thereafter through a Microsoft Teams meeting. Sealed bids shall be submitted through Henrico County’s Electronic

Documents Web Portal, ProcureWare, at https://henrico.procureware.com. Bidders interested in participating in the bid opening shall send a request to be added to the meeting invitation to Eric Rosen via email at ros074@henrico.gov.

Time is of the essence, and any bidder that attempts to submit a bid after the appointed hour for submission, will be unable to, as ProcureWare automatically closes the bid. The time of receipt shall be determined by the time clock in ProcureWare. Bidders are responsible for ensuring that their bid is submitted in ProcureWare by the deadline indicated.

The Work consists of alleviating sanitary sewer overflows in the vicinity of Fruehauf Road and installing approximately 840 linear feet of 12-inch PVC and DIP gravity sewer pipe, 15 linear feet of 8-inch PVC pipe, five (5) 24-inch top diameter, 48-inch bottom manholes, seven (7) 6-inch laterals with site inspection ports, stormwater drainage crossing, milling and overlay of asphalt pavement, erosion and sediment control, and all other work as required by contract documents. The project is located at 2407 Fruehauf Road, Richmond, VA 23228.

Normal working hours shall be between 7:00 to 6:00 p.m. Monday through Saturday. Work after normal working hours and may be scheduled only with the County’s approval.

Work included in this contract shall be Substantially Complete within 245 calendar days from the date the

Contract Time commences, and it shall be complete and ready for final payment within 290 calendar days from the date the Contract Time commences.

Pursuant to Henrico County Code Section 16-43, the Board of Supervisors of Henrico County, Virginia shall be the awarding authority when the contract amount is over $200,000. Otherwise, the award will be made by the Purchasing Director.

Bidding Documents consisting of Contract Drawings and Project Manuals may be obtained by visiting the

Henrico County Electronic Document’s Web portal at https://henrico.procureware.com/home. Options are provided for downloading a complete set of documents or selected files from this web portal. The Contract

Drawings and Project Manuals are provided in PDF Format, which may be shared electronically with your subcontractors, employees, and suppliers. The failure or omission of any bidder to download, receive or examine any form, instrument, addendum or other documents, or to acquaint itself with conditions existing at the site(s), shall in no way relieve any bidder from any obligations with respect to its bid or to the contract.

A non-mandatory pre-bid conference will be held at 10:00 a.m. on July 16, 2026, via virtual conference through Microsoft Teams Meeting to review the scope of work and clarify any aspects of the work that may be in question. Bidders interested in attending the meeting should contact Eric Rosen at ros074@henrcio.gov to https://henrico.procureware.com/ mailto:ros074@henrico.gov https://henrico.procureware.com/home mailto:ros074@henrico.us

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receive an invite and meeting link. Direct any questions concerning the Project Manual in writing through the Questions function in ProcureWare.

Bids must be accompanied by either a cashier’s check or certified check or bid bond in the amount of 5% of the Total Bid amount and made payable to the County of Henrico, Virginia.

All bidders shall use the enclosed Bid Form in submitting their bid prices.

A bid may not be modified, withdrawn or cancelled by the bidder after the time and date designated for the receipt of bids and for 90 days thereafter except as provided by Va. Code § 2.2-4330. The following is the procedure for withdrawal of a bid: Va. Code § 2.2-4330(B)(1), as may be amended from time to time.

Nothing herein is intended to exclude any responsible bidder, its product or service or in any way restrain or restrict competition. Comments as to how bid documents, specifications or drawings can be improved are welcome.

If a contract is awarded, a separate performance bond and a payment bond, County of Henrico, Virginia

Standard Performance Bond and County of Henrico, Virginia Standard Labor and Material

Payment Bond and as provided in the Project Manual, for 100% of the contract amount shall be provided by the Successful Bidder.

The Owner reserves the right to waive informalities and/or reject all bids. In accordance with Va. Code, Section

2.2-4319, the Owner shall not reject all bids solely to avoid awarding a contract to a particular responsive and responsible bidder.

The Bidder must be a registered contractor in the Commonwealth of Virginia in accordance with Title 54.1, Chapter 11 of the Code of Virginia, as amended, at the time of bid submission, and shall possess a Virginia

Contractor’s License Class A with either a Highway/Heavy Construction (H/H) specialty or an UUC

(Underground Utility and Excavating Contractor). The Bidder shall have bid and completed projects of comparable nature, size, complexity and construction cost. The Bidder should submit with its bid a completed AIA Document A305, Contractor’s Qualifications Statement, which shall document how the applicable projects meet or exceeds the size, complexity, and nature of this project; and includes details of the management staff and self-performed activities associated with the referenced projects. Only those projects which the Bidder performed the work as the General Contractor should be included in the AIA

Document A305. Bidders are not required to submit AIA Document A305, Contractor’s Qualification

Statement if they have submitted one within the last twelve (12) months as of the date of this bid.

Bidders who have technical questions about the portal, how to complete the Bid Form, documents that must be uploaded, etc. may contact Eric Rosen at ros074@henrico.gov or 804-501-5639 up to noon the day Bids are due. This paragraph does not extend the time by which Bidders must ask substantive questions or interpretations about the bid documents, specifications or drawings.

- END OF INVITATION TO BID –

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BID FORM

FIXED PRICE CONTRACT

ITB No. 26-2962-5EAR

Date: ____________________________

To: County of Henrico

Department of Finance, Purchasing Office

8600 Staples Mill Road, Henrico, VA 23228-2360

PO Box 90775, Henrico, VA 23273-0775

Project: Fruehauf Road Relief Sewer

From (full name): __________________________________

(full address) __________________________________

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with

OWNER in the form included in the Contract Documents for the Contract Price and within the Contract

Time indicated in this Bid and in accordance with the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Instructions to BIDDERS, including, without limitation, those dealing with the disposition of Bid Security. This bid will remain open for 90 days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within 15 days after the date of OWNER's Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

a. BIDDER has examined copies of all the Contract Documents and of the following addenda, receipt of all which is hereby acknowledged:

No. ____________________ Dated ____________________

No. ____________________ Dated ____________________

b. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress of performance of the Work and has made such independent investigations as BIDDER deems necessary.

c. BIDDER acknowledges that OWNER, ENGINEER, and DESIGN ENGINEER do not assume responsibility for the accuracy of dimensions or completeness of information and data shown or indicated in the Bidding Documents with respect to existing facilities.

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d. BIDDER has given Ramboll written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by

DESIGN ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

e. By bidding in response to this invitation, the BIDDER represents that in the preparation and submission of this Bid, said BIDDER did not, either directly or indirectly, enter into any combination or arrangement with any person, firm, or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the

Sherman Act (15 U.S.C. Section 1) or Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

f. Bid Form must be completed in blue or black ink or by typewriter. The total bid amount shall be expressed in figures only. The unit price of each item on the form, if requested, must be stated in figures. Discrepancies in the multiplication of units of work and 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.

g. Indicated whether your business ___is, or ____is not, located in the County of Henrico, Virginia and if so, have you obtained a County license to conduct or engage in this business, trade or occupation in the County of Henrico? ____ Yes. ____ No.

4. It is the OWNER’s intent to award a contract to the lowest responsive and responsible BIDDER based upon the Total Bid Amount, provided the bid does not exceed the funds available for the contract.

TOTAL BID AMOUNT: Total Bid Amount includes all Work, required by the Bidding Documents for Fruehauf Road Relief Sewer in strict accordance with the drawings and specifications, for the computed price as shown in the below Price Schedule:

$[Enter pricing electronically in ProcureWare] (Figure Only)

Price Schedule

Lump Sum Items

Description Lump Sum Price

Base Bid Item A – Includes all Work, with the exception of Excavation of Rock and Structural Backfill, as described in Section 01000

[Enter pricing electronically in

ProcureWare]

Unit Price Items

Description Estimated

Quantity Unit Unit Price

Extended Price

(= Unit Price X

Estimated

Quantity)

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Bid Item B – includes all Work required for the Excavation of Rock as described in Section 01000.

780 CY

[Enter pricing electronically in

ProcureWare]

Pricing will automatically calculate in

ProcureWare

Bid Item C – includes all Work required for Structural Backfill as described in

Section 01000.

800 CY

[Enter pricing electronically in

ProcureWare]

Pricing will automatically calculate in

ProcureWare

Total Bid Amount

(equals the sum of Lump Sum Price (Bid Item A) plus, Extended Prices (Bid Items B – C))

Pricing will automatically calculate in

ProcureWare

5. In the event that the actual quantity of Unit Price Items B through C is more or less than the estimated quantities shown in the Price Schedule and in the Bidding Documents, the parties agree that the Contract

Price shall be appropriately adjusted up or down, utilizing the unit price values shown in the Price

Schedule, through a change order to the Contract.

6. BIDDER agrees that Work shall be completed within the number of days indicated in the Agreement as follows:

a. BIDDER agrees that the Work shall be Substantially Complete within 245 calendar days and completed and ready for final payment in accordance with Paragraph 14.13 of the General

Conditions within 290 calendar days, after the commencement of Contract Times as defined in the

General Conditions.

b. The BIDDER accepts the contract provisions as to liquidated damages (Article 3.2 of the Fixed

Price Agreement) in the event of the Successful Bidder’s failure to complete the Work on time.

7. The BIDDER does or does not (circle one) wish to exercise his option for the use of the escrow account utilization procedure to allow utilization of County retained funds as specified in the bid specifications and 2.2-4334 of the Code of Virginia. (Note: If the Bidder fails to indicate his preference for this procedure, he hereby forfeits his right to utilize the procedure).

8. The following documents are attached to and made a part of this Bid:

a. Required Bid Security in the form of either a cashier's check or certified check or Bid Bond, County of Henrico, Virginia Bid Bond in the amount of 5% of Bid amount.

b. The Bidder must be a registered contractor in the Commonwealth of Virginia in accordance with

Title 54.1 Chapter 11 of the Code of Virginia, as amended, at the time of the submission, and shall possess a Virginia Contractor’s License Class A with either a Highway/Heavy Construction

(H/H) specialty or an UUC (Underground Utility and Excavating Contractor) and registered with the State Corporation Commission. The Bidder shall have bid and completed projects of comparable nature, size, complexity and construction cost. The Bidder should submit with its bid a completed AIA Document A305, Contractor’s Qualifications Statement, which shall document how the applicable projects meet or exceed the size, complexity, and nature of this project, and includes details of the management staff and self-performed activities associated with the

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referenced projects. Only those projects which the Bidder performed the work as the General

Contractor should be included in the AIA Document A305. Bidders are not required to submit AIA

Document A305, Contractor’s Qualification Statement if they have submitted on within the last twelve (12) months as of the date of his bid.

9. Communications concerning this Bid shall be addressed to:

(BIDDER’s Name, Address and Telephone Number)

10. The terms used in this Bid which are defined in the General and Supplementary Conditions of the

Contract Documents have the meanings assigned to them therein.

The Bid Signature Sheet(s) follows. Complete the appropriate Bid Signature Sheet for submission of a bid by an Individual, a Partnership, or a Corporation.

BID SIGNATURE SHEET

(Submission by an Individual)

My signature certifies that the bid as submitted complies with all requirements specified in this Invitation to Bid (“ITB”) No. 26-2952-5EAR – Fruehauf Road Relief Sewer.

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My signature also certifies that by submitting a bid in response to this ITB, the Bidder represents that in the preparation and submission of this bid, the Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person or business entity, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraining of free, competitive bidding in violation of the

Sherman Act (15 U.S.C. Section 1) or Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through

59.1-68.8 of the Code of Virginia.

I hereby certify that I am authorized to sign as a legal representative for the business entity submitting this bid.

By: _________________________________________________________________________ (SEAL)

Date: ______________________________________________________________________________

Doing Business as: _____________________________________________________________________

Surety2000 Bond Number for Bid Bond (if applicable): _______________________________________

Virginia Contractor’s License Number: ____________________________________________________

Business Address: _____________________________________________________________________

Phone Number: _______________________________________________________________________

Fax Number: _________________________________________________________________________

Email Address: _______________________________________________________________________

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(Submission by a Partnership)

My signature certifies that the bid as submitted complies with all requirements specified in this Invitation

My signature also certifies that by submitting a bid in response to this ITB, the Bidder represents that in the preparation and submission of this bid, the Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person or business entity, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraining of free, competitive bidding in violation of the

Sherman Act (15 U.S.C. Section 1) or Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through

I hereby certify that I am authorized to sign as a legal representative for the business entity submitting this

(Firm Name)

(General Partner’s Name and Signature)

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(Submission by a Corporation)

My signature certifies that the bid as submitted complies with all requirements specified in this Invitation

My signature also certifies that by submitting a bid in response to this ITB, the Bidder represents that in the preparation and submission of this bid, the Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person or business entity, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraining of free, competitive bidding in violation of the

Sherman Act (15 U.S.C. Section 1) or Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through

I hereby certify that I am authorized to sign as a legal representative for the business entity submitting this

(Corporation Name)

(State of Incorporation)

By: _____________________________________ _______________________________________

(Signature of Authorized Person) (Printed Name and Title)

(CORPORATE SEAL)

Attest: ______________________________________ ______________________________________

(Signature of Secretary or Assistant Secretary) (Printed Name and Title)

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VIRGINIA STATE CORPORATION COMMISSION (SCC)

REGISTRATION INFORMATION

The Bidder:

is a corporation or other business entity with the following SCC identification number:

________________________________ -OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from Bidder’s out-of-state location) -OR-is an out-of-state business entity that is including with this bid/proposal an opinion of legal counsel which accurately and completely discloses the undersigned Bidder’s current contracts with Virginia and describes why those contracts do not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

Please check the following box if you have not checked any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids:

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BUSINESS CATEGORY CLASSIFICATION FORM

Company Name: _______________________________________________________________

This form has been completed by:

Signature: _____________________________________________ Date: _________________

Title: _____________________________________________

Specify your Business Category by checking the appropriate business category classification below

(check all that apply):

_____ Small Business

_____ Women-Owned Business

_____ Minority-Owned Business

_____ Military Family-Owned Business

_____ Service-Disabled Veteran Business

_____ Employment Services Organization

_____ Non-SWaM Business (if none of the above)

If certified by the Virginia Department of Small Business and Supplier Diversity (SBSD), provide your certification number and expiration date below:

Number: _________________________ Date: _________________________

For the purpose of determining the appropriate business category, please review the definitions provided by SBSD at: https://sbsd.virginia.gov/certification-division/swam/. “Employee services organization” is defined as s an organization that provides community-based employment services to individuals with disabilities that is an approved Commission on Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department of Aging and Rehabilitative Services.

https://sbsd.virginia.gov/certification-division/swam/

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RESPONSIBLE BIDDER CERTIFICATION

Name of Bidder: __________________________________

“Responsible bidder” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.

In determining whether a Bidder is responsible, the County will consider whether the Bidder has defaulted on any government contract in the last five years; whether any government has terminated a contract with the Bidder for cause in the last five years; and whether the Bidder or any of its officers, directors, partners, or owners is currently barred from bidding on contracts by any federal, state, or local government agency.

As part of this submission, the Bidder certifies that:

It has not defaulted on any government contract in the last five years.

No government has terminated a contract with the Bidder for cause in the last five years.

Neither it nor any of its officers, directors, partners, or owners are barred from bidding on contracts by any federal, state, or local government agency.

If the Bidder cannot make any of the certifications required above, the Bidder must indicate the reason by selecting the appropriate box below.

It has defaulted on one or more government contract(s) in the last five years.

A government has terminated a contract with the Bidder for cause in the last five years.

It or one or more of its officers, directors, partners, or owners are barred from bidding on contracts by a federal, state, or local government agency.

If any of the above three boxes are checked, the Bidder must explain all defaults, terminations, and/or bars in reasonable detail and include the contact information for the government agency on whose contract the Bidder has defaulted, been terminated, or been barred from bidding.

Signature of Authorized Representative

Printed Name of Authorized Representative

COMMONWEALTH OF VIRGINIA

County of Henrico

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Contract # 2962A

SAMPLE FIXED PRICE AGREEMENT

THIS AGREEMENT is dated as of the [day] day of [month] in the year [year], by and between the County of

Henrico, Virginia (hereinafter called OWNER) and [contractor name] (hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work consists of alleviating sanitary sewer overflows in the vicinity of Fruehauf Road and installing approximately 840 linear feet of 12-inch PVC and DIP gravity sewer pipe, 15 linear feet of 8-inch PVC pipe, five (5) 24-inch top diameter, 48-inch bottom manholes, seven (7) 6-inch laterals with site inspection ports, stormwater drainage crossing, milling and overlay of asphalt pavement, erosion and sediment control, and all other work as required by contract documents. The project is located at 2407 Fruehauf Road, Richmond, VA 23228.

ARTICLE 2. ENGINEER

The Construction Division Director of the Department of Public Utilities shall perform the duties of the

ENGINEER except as to work change directives and change orders. Only the Director of Public Utilities is authorized to issue work change directives, and the Director of Public Utilities must approve all work change directives in advance and in writing. The Director of Public Utilities must recommend all change orders. The Resident Project Representative is not the ENGINEER and shall act only as provided in paragraph 11.01 of the Supplementary Conditions. However, the DESIGN ENGINEER, Ramboll will perform all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the

Contract Documents in connection with submittal, review, and approval of shop drawings and samples and the issuance of written clarifications and interpretations of the Contract Documents.

ARTICLE 3. CONTRACT TIME AND LIQUIDATED DAMAGES

3.1 Contract Time

All Work shall be Substantially Complete within 245 calendar days from the date the Contract

Time commences as provided in paragraph 2.3 of the General Conditions, and it shall be completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions within

290 calendar days, from the date the Contract Time commences.

3.2 Liquidated Damages

The OWNER and the CONTRACTOR recognize that time is of the essence in this Agreement and that the OWNER will suffer financial loss if the Work is not complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General

Conditions. Both parties also recognize the delays, expense and damages involved in proving a legal proceeding the actual loss suffered by the OWNER if the Work is not completed on time. Accordingly, notwithstanding any other provisions of this Agreement, the OWNER and the CONTRACTOR agree, stipulate and fix as liquidated damages but not as a penalty, that the CONTRACTOR together with the

CONTRACTOR’S surety shall pay the OWNER $1000.00 for each calendar day or part thereof that

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expires after the time specified in Paragraph 3.1 for substantial completion, plus any proper time extension, until the CONTRACTOR substantially completes the Work, if the Contractor does not complete the Work by the Substantial Completion date required by the Contract Documents. The

CONTRACTOR hereby waives any defense as to the validity of liquidated damages stated in this

Agreement on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages, and the parties agree that the OWNER’S entitlement to liquidated damages shall be determined at the time of Substantial Completion and shall not be subject to the claims provisions of this Agreement.

ARTICLE 4. CONTRACT PRICE

4.1 OWNER shall pay the CONTRACTOR for all Work required by the Contract Documents for this

Project in strict accordance with the drawings and specifications and as described in the Contract

Documents, for the amount of [written dollar amount] ($[$$]) (the “Contract Price”).

4.2 The Contract Price includes the Unit Price Work shown in the table below.. In the event that the actual quantity of Unit Price Work is more or less than the estimated quantities shown in the table below, the parties agree that the Contract Price shall be appropriately adjusted up or down, through a change order to the Contract. The value of such change order shall be calculated based on the unit prices in the table below:

Table 1

Description Estimated

Quantity Unit

Unit Price

Bid Item B – includes all Work required for the Excavation of Rock as described in Section 01000.

780 CY

Bid Item C – includes all Work required for Structural Backfill as described in Section 01000.

800 CY

ARTICLE 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

5.1 Progress Payments

The OWNER shall make progress payments on account of the Contract Price on the basis of the

CONTRACTOR's Applications for Payment within 30 days of approval by the OWNER of the

Application for Payment during construction as provided below. All progress payments shall be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph

14.1 of the General Conditions.

5.1.1 Prior to final completion, progress payments will be in an amount equal to the value of Work performed plus the value of equipment and materials not incorporated in the Work but delivered and suitably stored, less the aggregate of previous payments, with retention of payments as follows:

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a. Retention of 5 percent of payment allowed until construction is completed provided that the CONTRACTOR is making satisfactory progress.

b. When the Work is Substantially Complete (operational or beneficial occupancy), the retained amount may be reduced below 5 percent to only the amount necessary to assure completion of the Contract Work in accordance with paragraph 14.7 of the General

Conditions. Prior to Substantial Completion or any release or reduction of retainage, the

CONTRACTOR shall provide evidence that all required inspections have been performed and, if applicable, a Certificate of Occupancy has been issued.

c. In the event the CONTRACTOR elects to use the escrow account procedure, the "County of Henrico – Escrow Agreement" form included in the Project Manual shall be executed according to instructions provided in the Instructions to Bidders.

5.2 Final Payment

Upon Final Completion and acceptance of the Work in accordance with paragraph 14.13 of the General

Conditions, OWNER shall pay the remainder of the Contract Price as provided in said paragraph 14.13.

ARTICLE 6. CONTRACTOR’s REPRESENTATIONS

The CONTRACTOR makes the following representations:

6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work.

6.2 CONTRACTOR has studied carefully existing reports of investigations and tests of subsurface and latent physical conditions at the site that he deems necessary for the performance of the Work at the

Contract Price, within the Contract Time and in accordance with the other terms and conditions of the

Contract Documents and which have been identified in the Supplementary Conditions.

6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.

6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

ARTICLE 7. CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are enumerated below. Any inconsistency among the Contract Documents shall be resolved by giving priority to the Contract Documents in the order listed below:

7.1 Any modifications, including Change Orders, duly delivered after execution of this Agreement.

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7.2 This Agreement (Pages 1 to 5, inclusive) and the Escrow Agreement, if utilized.

7.3 [Addenda numbers [#] through [#] to the Project Manual and Drawings] OR [There are no addenda to the Project Manual and Drawings].

7.4 The complete text of the Project Manual titled ITB No. 26-2952-5EAR – Fruehauf Road Relief

Sewer, Project No. 1001/00732 and dated July 6, 2026 and Drawings titled Fruehauf Road Relief

Sewer and dated November 2025.

7.5 CONTRACTOR'S Bid.

7.6 Any and all documentation submitted by CONTRACTOR as required or contemplated by the provisions contained in the Contract Documents.

7.7 Notice of Award.

7.8 Notice to Proceed.

7.9 Insurance Certificate, Performance and Payment Bonds.

There are no Contract Documents other than those listed above in Article 7. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in accordance with paragraph 3.5 of the General Conditions.

ARTICLE 8. MISCELLANEOUS

8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions.

8.2 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract

Documents.

8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

8.4 CONTRACTOR shall pay promptly and before final payment, any and all claims or liens incurred in and about this Work, and execute a final receipt form.

FPA-5

IN WITNESS WHEREOF, the parties hereto have signed this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR on their behalf.

CONTRACTOR:

Legal Name of Bidder (Company)

Signature of person(s) legally authorized to bind (Company) to this Contract

Printed Name/Title of person(s) signing

SEAL

ATTEST: _____________________________________

Name

DATE: _____________________________________

OWNER:

By: ___________________________________________

John A. Vithoulkas

County Manager

ATTEST: _____________________________________

Name

DATE: _____________________________________

- END OF SAMPLE FIXED PRICE AGREEMENT -

ESC-1

COUNTY OF HENRICO – ESCROW AGREEMENT

THIS ESCROW AGREEMENT (“Agreement”), made and entered into this _____ day of

_______________, 20 _____ by and among the County of Henrico, Virginia (the "County"), ___________________________________________________________ ("the CONTRACTOR"), (Name of CONTRACTOR)

(Name of Bank)

(Address of Bank where payments are to be sent)

(Contact Person)

(Area Code and Telephone Number) a trust company, bank, or savings and loan institution with its principal office located in the

Commonwealth (the “Bank”), and ____________________________________________________

(“Surety”), provides as follows:

I.

The County and the CONTRACTOR have entered into a contract with respect to ITB No. 26-2952-

5EAR – Fruehauf Road Relief Sewer (the "Contract").

This Agreement is pursuant to, but in no way amends or modifies, the Contract. Payments made hereunder or the release of funds from escrow shall not be deemed approval or acceptance of performance of the Contract by the CONTRACTOR.

II.

In order to assure full and satisfactory performance by the CONTRACTOR of its obligations under the Contract, the County's Director of Public Utilities is required thereby to retain certain amounts otherwise due the CONTRACTOR. The CONTRACTOR has, with the approval of the County, elected to have these retained amounts held in escrow by the Bank. This Agreement sets forth the terms of the escrow. The Bank shall not be deemed a party to, bound by, or required or permitted to inquire into the terms of the Contract or any other instrument or agreement between the County and the CONTRACTOR other than this Agreement.

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III.

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

Contract and paid by the County to the Bank.

The risk of loss by diminution of the principal (and interest or dividends, if any) of any funds invested under the terms of this Agreement shall be solely upon the CONTRACTOR.

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

IV.

Upon receipt of checks or warrants drawn by the County and made payable to the Bank as escrow agent, the Bank shall promptly notify the CONTRACTOR, negotiate the same and deposit or invest and reinvest the proceeds in approved securities in accordance with the written instructions of the

CONTRACTOR. In no event shall the Bank invest the escrowed funds in any security not approved.

V.

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

1. United States Treasury Bonds, United States Treasury Notes, United States Treasury

Certificates of Indebtedness or United States Treasury Bills;

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

3. Bonds or notes of the Commonwealth of Virginia;

4. Bonds of any political subdivision of the Commonwealth of Virginia, if such bonds carried, at the time of purchase by the Bank or deposit by the CONTRACTOR, a Standard and Poor's or

Moody's Investor Service rating of at least "A"; and

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

6. Any bonds, notes, or other evidences of indebtedness listed in Sections 1 through 3 above, may be purchased pursuant to a repurchase agreement with a bank, within or without the

Commonwealth of Virginia having a combined capital, surplus and undivided profit or not less than $25,000,000, provided the obligation of the Bank to repurchase is within the time limitations established for investments as set forth herein. The repurchase agreement shall be

ESC-3

considered a purchase of such securities even if title, and/or possession of such securities is not transferred to the Escrow Agent, so long as the repurchase obligation of the Bank is collateralized by the securities themselves, and the securities have on the date of the repurchase agreement a fair market value equal to at least 100% of the amount of the repurchase obligation of the Bank, and the securities are held by a third party, and segregated from other securities owned by the Bank.

No security is approved hereunder which matures more than five years after the date of its purchase by the Bank or deposit by the CONTRACTOR.

VI.

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

Upon receipt of a written direction signed by the County's Director of Public Utilities, the Bank shall pay and deliver the principal of the fund, or any specified amount thereof, to the CONTRACTOR, in cash or in kind, as may be specified by the CONTRACTOR. Such payment and delivery shall be made as soon as is practicable after receipt of the direction.

VII.

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

VIII.

The net income earned and received upon the principal of the escrowed fund shall be paid over to the

CONTRACTOR in quarterly or more frequent installments. Until so paid or applied to pay the Bank's fee or any other costs of administration such income shall be deemed a part of the principal of the fund.

IX.

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

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

[Contractor Name] County of Henrico, Virginia

[Address] 4301 E. Parham Road

[City, State Zip] Henrico, VA 23228

Signature Signature

________________________________________ John A. Vithoulkas________________________

Printed Name and Title County Manager

Date Date

Attest (Seal) Attest (Clerk)

BANK SURETY

Name of Bank Name of Surety

Street Street

City, State Zip City, State Zip

Official’s Signature Resident Virginia Agent’s Signature

Printed Name and Title Printed Name and Title

Attest (Seal) Attest (Seal)

- END OF COUNTY OF HENRICO – ESCROW AGREEMENT -

ACP-1

APPLICATION AND CERTIFICATE FOR PAYMENT

ESTIMATE NO:

DATE:

PERIOD COVERED:

CONTRACT START DATE: CONTRACT COMPLETION DATE:

ITEM DESCRIPTION & UNIT PRICE QUANTITY COMPLETED AMOUNT TOTAL

NO. QUANTITY THIS MONTH TO DATE THIS MONTH AMOUNT DUE

2 (This space to be filled in with approved Schedule of Values)

ACP-2

9 (This space to be filled in with

ACP-3

16 (This space to be filled in with

ACP-4

Original Contract Amount: Amended Contract Amount:

Change Orders:

PREVIOUS REQUESTS THIS REQUEST TOTAL THRU:

Total Items Completed $ $ $

Change Orders ( ) $ $ $

* Other $ $ $

Total To Date $ $ $

Retainage (5%) $

Total Earned Less Retainage $

Less Previous Applications for $

Payment

Current Payment Due $

Percent Complete (Time) % Percent Complete (Cost) %

I certify that all previous Progress Payments received on account of the WORK have been applied to Discharge in Full ALL of the Contractor's obligations reflected in prior applications for PAYMENT.

SUBMITTED BY: DATE:

ACCEPTED BY: DATE:

Project Inspector

APPROVED FOR PAYMENT: DATE:

*Provide Explanation

SF-1

SAMPLE FORMS

PART 1 GENERAL

1.1 GENERAL REQUIREMENTS

A. The AIA Documents normally required, though not necessarily all-inclusive, are listed below and may be obtained directly from:

1. American Institute of Architects, Washington, D.C. (www.aia.org)

2. AIA Virginia Society, 2501 Monument Avenue, Richmond, VA, (804) 644-3041

3. Keith-Fabry Repro. & Supply Co., 1420 Commerce Road, Richmond, VA, (804) 649-

4. ARC Document Solutions, 1905-C Westwood Avenue, Richmond, VA, (804) 355-8601

5. Bizport, 9 North Third Street, Richmond, VA, (804) 780-1060

B. Use the edition stated in the Table of Contents or stated below.

AIA Document No. Title

G706 Contractor’s Affidavit of Payment of Debts and Claims – 1994 Edition

G706A Contractor’s Affidavit of Release of Liens – 1994 Edition

G707 Consent of Surety to Final Payment – 1994 Edition

G715 Certificate of Insurance – Construction – 1991 Edition

PART 2 PRODUCTS

NOT USED

PART 3 EXECUTION

NOT USED

- END OF SAMPLE FORMS -

http://www.aia.org/

INST-1

INSTRUCTIONS TO BIDDERS

All bidders shall note that the Invitation to Bid (ITB) method of procurement does not allow any modifications or exceptions to Instructions to Bidders. Any modifications or exceptions made to this section shall cause your bid response to be considered non-responsive unless done by addendum.

1.0 DEFINED TERMS

Terms used in these Instructions to Bidders and which are defined in the Standard General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. The term

“Successful BIDDER” means the lowest, qualified, responsive and responsible BIDDER to whom

OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award. The

Construction Division Director of the Department of Public Utilities shall perform the duties of the

ENGINEER except as to work change directives and change orders and responsibilities of the DESIGN

ENGINEER as hereinafter stated. Only the Director of Public Utilities is authorized to issue work change directives, and the Director of Public Utilities must approve all work change directives in advance and in writing. Only the County Manager is authorized to execute change orders, and the

Director of Public Utilities must recommend all change orders. The Resident Project Representative is not the ENGINEER and shall act only as provided in Paragraph 11.01 of the Supplementary

Conditions. The DESIGN ENGINEER, Ramboll, will perform all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with submittal, review, and approval of shop drawings and samples and the issuance of written clarifications and interpretations of the Contract Documents.

2.0 GENERAL

2.1 Sealed Bids, in accordance with the Bidding Documents, will be received in ProcureWare until, but no later than the time and date specified in the Invitation to Bid. Bids will only be accepted through ProcureWare.

2.2 In the solicitation or awarding of contracts, the OWNER shall not discriminate because of the race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment of the BIDDER.

2.3 It is the policy of the County of Henrico to actively seek out and provide contracting opportunities to minority-, woman-, service disabled veteran-owned, small businesses and employment services organizations in procurement transactions made by the County.

2.4 The County encourages the contractor to utilize small, woman-owned, and minority-owned business enterprises. For assistance in finding subcontractors, contact the Supplier Relations

Manager (804-501-5689) or the Virginia Department of Small Business & Supplier Diversity

(SBSD) http://www.sbsd.virginia.gov.

2.1 All formal solicitations are posted on the Commonwealth of Virginia eVA the County’s internet site at https://www.henrico.gov/finance/divisions/purchasing/ and may be viewed under the Bids and Proposals link. Construction related solicitations are located on eVA and

County internet sites and on ProcureWare at https://henrico.procureware.com.

3.0 COPIED OF BIDDING DOCUMENTS

3.1 Complete sets of Bidding Documents shall be used in preparing Bids. Neither OWNER nor

DESIGN ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

http://www.sbsd.virginia.gov/ https://www.henrico.us/finance/divisions/purchasing/ https://henrico.procureware.com/

INST-2

3.2 OWNER and DESIGN ENGINEER, in making available copies of Bidding Documents do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

4.0 COUNTY LICENSE REQUIREMENT

4.1 If you have a current business license issued by Henrico County, please include a copy with your bid. If you do not have a current business license issued by Henrico County, you will be required to obtain one in the event the county awards a contract to you.