833401pumpFrontRoy.pdf

BIDDING DOCUMENTS

Upgrade of Riverton Pump Station Town of Front Royal, Virginia

Prepared for:

Town of Front Royal Public Works 800 Crosby Road - Extended Front Royal, Virginia 22630

Prepared by:

Potesta & Associates, Inc.

15 South Braddock Street

Winchester, Virginia 22601 Phone: (304) 342-1400 Fax: (304) 343-9031

Email: potesta@potesta.com

Project No. 0103-22-0102-030

July 6, 2026

Bidding Documents for Upgrade of Riverton Pump Station (0103-22-0102-030), July 6, 2026

TABLE OF CONTENTS

INVITATION FOR BIDS ................................................................................................. 2 PAGES

SUBMISSION REQUIREMENTS ................................................................................... 3 PAGES

INSTRUCTIONS TO BIDDERS .................................................................................... 12 PAGES

BID FORM ........................................................................................................................ 6 PAGES

BID BOND ........................................................................................................................ 2 PAGES

NOTICE OF AWARD ......................................................................................................... 1 PAGE

AGREEMENT BETWEEN OWNER AND CONTRACTOR ......................................... 7 PAGES

NOTICE TO PROCEED ..................................................................................................... 1 PAGE

PERFORMANCE BOND (with Terms and Conditions) .................................................. 4 PAGES

PAYMENT BOND ............................................................................................................ 4 PAGES

STANDARD GENERAL CONDITIONS ....................................................................... 75 PAGES

SUPPLEMENTARY CONDITIONS .............................................................................. 22 PAGES

CONTRACTOR’S APPLICATION FOR PAYMENT..................................................... 4 PAGES

CHANGE ORDER FORM .................................................................................................. 1 PAGE

CERTIFICATE OF SUBSTANTIAL COMPLETION ....................................................... 1 PAGE

LEGAL NAME AND ADDRESS OF FIRM ...................................................................... 1 PAGE

CERTIFICATION OF NONSEGREGATED FACILITIES ............................................... 1 PAGE

VIRGINIA SCC REGISTRATION INFORMATION ...................................................... 2 PAGES

NON-COLLUSION AFFIDAVIT ....................................................................................... 1 PAGE

DAVIS-BACON (FEDERAL) WAGE RATES ................................................................ 5 PAGES

Virginia Clean Water Revolving Loan Fund-2025

Contract Inserts and Attachments for Wastewater Construction Bids

Technical Specifications (See Table of Contents in Technical Specifications Section)

INVITATION

FOR BIDS

Bidding Documents for Upgrade of Riverton Pump Station (0103-22-0102-030), July 6, 2026 IB-1

INVITATION FOR BIDS

Town of Front Royal Purchasing Department

Date: July 6, 2026

Title: IFB # 6-2026 - Upgrade of Riverton Pump Station, Town of Front Royal, Virginia

Due prior to 2:00 P.M. Local Prevailing Time, August 19, 2026

It is the express intent of this Invitation for Bid (IFB) by the Town of Front Royal Public Works (Owner) to acquire a fully qualified Contractor, licensed to work in Virginia, to provide Upgrades to the Riverton Pump Station, in accordance with the Invitation to Bid, Submission Requirements, General Term and Conditions, Bid Form, Virginia Clean Water Revolving Loan Fund-2025- Contract Inserts, Technical Specifications and Drawings prepared by Potesta & Associates, Inc., and all addenda issued prior to receipt of Bids. This work will be performed at the Riverton Pump Station, Queens Highway, Town of Front Royal, Virginia 22630.

Contract documents may be obtained at:

https://mvendor.cgieva.com/Vendor/public/AllOpportunities.jsp

A pre-bid meeting will be held at Town of Front Royal – Town Hall, 102 East Main Street, Front Royal, Virginia, at 1:30 P.M. on July 14, 2026. To attend the meeting virtually, please follow:

https://teams.microsoft.com/meet/240721509825747?p=T7wwOZPiiT65AHXqwz

A site visit to the Riverton Pump Station will be held immediately after the Town Hall meeting (bidders to provide their own transportation).

The Work to be bid upon is generally described as follows:

1. Pump Station Upgrade:

Purchase, deliver, install wastewater pumps, comminutor, emergency generator, wet well transducers and ventilation equipment, pipe fittings, valves, and associated appurtenances in accordance with manufacturer’s recommendations and manuals.

a. Replace two specified pumps and controls, and the associated foundations and piping in accordance to the sequence as described in the drawings.

b. Add one specified pump and controls on replaced associated foundations and piping in accordance to the sequence as described in the drawings.

Bidding Documents for Upgrade of Riverton Pump Station (0103-22-0102-030), July 6, 2026 IB-2

c. Replace existing wet-well comminutor and its electrical components, etc., and in accordance with drawings and specifications.

d. Replace wet-well ventilation equipment, stack motors, electrical components, etc., in accordance with drawings and specifications.

e. Replace emergency generator and fuel AST as shown in the drawings as specified.

f. Existing wet-well bubbler level system and controls will remain and operate alongside proposed hydrostatic transducers and controls in accordance with drawings and specifications.

2. Spiral Staircase Replacement:

a. Purchase and deliver all materials required for the installation and removal of the existing spiral staircase and platform and associated appurtenances as specified in the drawings and in accordance with manufacturer’s recommendations and manuals.

b. Install all replacement spiral staircase, platform, and associated appurtenances in sequence and as specified in the drawings and in accordance with manufacturer’s recommendations and manuals.

3. Other items as shown on Drawings and as specified.

SUBMISSION

REQUIREMENTS

Bidding Documents for Upgrade of Riverton Pump Station (0103-22-0102-030), July 6, 2026 SR-1

SUBMISSION REQUIREMENTS

Sealed bids clearly marked “IFB # 6-2026 - Upgrade of Riverton Pump Station” on the outermost envelope will be received in the Purchasing Department until 2:00 P.M., local prevailing time, August 19, 2026, at which time and place they will be opened and read aloud. Any bid received after the announced time and date of the submittal deadline will not be considered.

In the event that the Town of Front Royal offices are closed due to inclement weather and/or emergency situations prior to or at the time set aside for receipt of this proposal, the published due date will default to the next open business day at the same time.

To be considered, the bids must include:

- Quote must be submitted on a copy of the BID FORM, signed by a representative authorized to bind the Bidder in the matter, dated and must be received at the Town of Front Royal Purchasing Department, prior to the date and time stated above.

- A bid bond in the amount of 5 percent of the Bidder’s total bid shall be submitted with the bid. Bid bonds will be held until award of the project and executed Agreement covering the Work, or 60 days, whichever occurs first.

- Certificate of Non-segregated Facilities

- A completed Virginia State Corporation Commission Registration Information

Form

- A completed Legal Name & Address Form

- A completed Vender Qualifications and Reference Form

- A completed Non-collusion Form

- All Addenda included and signed

Changes to the requirements in this solicitation shall be made only by written addendum.

SUBMISSION BY MAIL TO: SUBMISSION BY DELIVERY TO:

Town of Front Royal Town of Front Royal Purchasing Department Purchasing Department PO Box 1560 102 E Main Street Front Royal, VA 22630 Front Royal, VA 22630

ELECTRONIC RESPONSE SUBMISSION OPTION:

Submitted via eVA. Offeror must be registered in eVA in order to submit an electronic proposal.

The following are instructions for submitting an electronic proposal:

1. Go to www.eva.virginia.gov;

2. Click on “I Sell To Virginia”;

3. Click on “eVA Supplier Training”; and

4. Click on “Viewing and Responding to Solicitations Video”.

Bidding Documents for Upgrade of Riverton Pump Station (0103-22-0102-030), July 6, 2026 SR-2

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekW0

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

All questions regarding this Invitation for Bid (IFB) shall be directed to the Engineer by email only:

Engineer Potesta & Associates, Inc.

Attn: K. Joe Knechtel, P.E.

kjknechtel@potesta.com

Interpretations or clarifications considered necessary by Engineer in response to such questions will be posted on the eVA website at least five days prior to the receipt of Bids. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

A pre-bid meeting will be held at Town of Front Royal – Town Hall, 102 East Main Street, Front Royal, Virginia, at 1:30 P.M. on July 14, 2026. Attendance of this pre-bid meeting is highly recommended. To attend this meeting virtually, please follow:

https://teams.microsoft.com/meet/240721509825747?p=T7wwOZPiiT65AHXqwz

Interested Bidders should submit questions in writing and forwarded to the Engineer via email by 2:00 P.M., July 29, 2026, local time. Oral questions will not be permitted. All responses to inquiries will be posted as an addendum on the eVA website. Contact with other Town employees regarding this IFB is prohibited without prior consent. Vendors that directly contact employees risk elimination. Bids received after the scheduled closing time for the reception of bids will be returned unopened to the bidders.

Contract documents may be obtained at:

https://mvendor.cgieva.com/Vendor/public/AllOpportunities.jsp

The Town of Front Royal Public Works reserves the right to reject any and/or all bids.

The Town of Front Royal does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, Bidding Documents for Upgrade of Riverton Pump Station (0103-22-0102-030), July 6, 2026 SR-3 or veteran status, status as a military family, or any other basis prohibited by state law relating to discrimination in employment.

Bidders must comply with the President’s Executive Order No. 11246 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin, and Executive Orders #12138 and #11625 regarding utilization of MBE/WBE firms.

Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed or national origin. Federal Law prohibits discrimination on the grounds of race, color, national origin, religion, age, handicap, and sex in this project. Minority firms are particularly encouraged to participate.

The Certification is found in the attached “Virginia Clean Water Revolving Loan Fund-2025 - Contract Inserts and Attachments for Wastewater Construction Bids.”

Bidders must comply with the Davis-Bacon Act and the American Iron and Steel (AIS) Provisions as represented in the attached “Virginia Clean Water Revolving Loan Fund 2025 - Contract Inserts and Attachments for Wastewater Construction Bids.”

SPECIAL CONDITION

Due to the need to keep the Riverton Pump station in operation during this construction, sequence of construction is important and regular communication with the Town is required. Contractor is limited to shutting down only one pump at a time and shall coordinate with the Town. The pump station was designed for three pumps, although only two pumps have been placed in service.

Contractor shall install this third pump, its foundation, valving, electrical components, and piping first, while keeping the two existing pumps in operation. Once this pump is in operation, the replacement of the existing two pumps shall commence. Once flow is shut off to an existing pump, the pump, its foundation, valving, electrical components, and piping shall be removed. Then the new pump, its foundation, valving, electrical components, and piping will be installed per the technical specifications and drawings of the project. After the installation is complete, the Engineer and Town will perform an inspection before the new pump is put into service. This work will be repeated until the two existing pumps and their components are replaced.

TOWN CONTACT

Robert Boyer – Director of Public Works Telephone: (540-635-7819) Email: rboyer@frontroyalva.com

INSTRUCTIONS

TO BIDDERS

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s

Safety Program; Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— DBE Requirements

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 1—DEFINED TERMS

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

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office.

Bidders may rely on that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.05 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

2.06 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 0.9 or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.05.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information (i.e., Bidder Information) with its Bid to demonstrate Bidder’s qualifications to perform the Work:

BID OPENING REQUIREMENT CHECKLIST

Item Completed Satisfactory

(Check if Completed)

Bid Form

Bid Bond

Certification of Non-segregated Facilities

Virginia State Corporation Commission Registration Information Form

Legal Name & Address Form

Vender Qualifications and Reference Form

Non-collusion Form

All Addenda Included and Signed

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A non-mandatory pre-bid meeting will be held at the time and location indicated in the advertisement or invitation to bid. Representatives of Owner and Engineer will be present to

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

discuss the Project. Bidders are encouraged to attend and participate in the conference; however, attendance at this conference is not required to submit a Bid.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

5.03 Other Site-related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit, the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit to the Riverton Pump Station is scheduled immediately following the pre-bid conference, which will be held at the Town Hall.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

D. All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following contact for visiting the Site: Robert Boyer, Director of Public Works;

telephone (540) 635-7819; email rboyer@frontroyalva.com. Bidder must conduct the required Site visit during normal working hours.

E. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

F. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

G. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

H. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. All questions regarding this Invitation for Bid (IFB) shall be directed to the Engineer by email only.

Engineer:

Potesta & Associates, Inc.

Attn: K. Joe Knechtel, P.E.

kjknechtel@potesta.com

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda and posted on the eVA website at least five days prior to the receipt of Bids.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY (BID BOND)

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 91 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders.

Bidders cannot rely upon approvals made in any other manner.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening:

A. Replacement and installation of waste water pumps, valves and piping, electrical equipment and controls, concrete foundations and concrete grout repair.

B. Removal and installation of Emergency Generator and fuel systems.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C. Removal of existing and installation of new spiral staircase stairwell.

D. Removal of existing and installation of new wet-well ventilation equipment.

E. Installation of new hydrostatic level sensors, including connection and sequencing with existing controls. Existing bubbler wet-well level sensors to remain.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

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

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as set forth the in the bid Form.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. See Article 18.05.B.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. The Contract will be awarded to the lowest responsible Bidder for the Base Bid, if the Base Bid can be funded with non-contingency funds already committed for construction plus any additional funds that Owner can secure.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

18.08 Irregular or Non-Responsive Bids

Bids will be considered irregular and will be rejected for any of the following reasons:

A. Bid not received on time.

B. When the Bid is on a form other than that furnished by the Owner, or if the form is altered.

C. When there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the Bid incomplete, indefinite, or ambiguous as to its meaning.

D. When the bidder adds any provision reserving the right to accept or reject an award, or to enter into a Contract pursuant to an award.

E. Failure to sign, properly execute, or notarize the Bid.

F. Failure to return a Bid Bond.

G. Failure to properly acknowledge receipt of addendum(s).

H. Failure to include a copy of Virginia State Corporation Commission Registration.

I. Failure to or cannot comply with any requirements as set forth in Drawings, Technical Specifications, the Virginia Clean Water Revolving Loan Fund-2025 Contract Inserts and Attachments for Wastewater Construction Bids, or any applicable statutes of the United States, the State of Virginia and/or local ordinances.

J. Failure to provide forms required by Federal Contract Provisions, if applicable, or the Bid Opening Requirement Checklist.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from Virginia state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 22—DBE REQUIREMENTS

22.01 Each Bidder must fully Comply with the Disadvantaged Business Enterprises, and Affirmative Action Requirements, as identified in the Contract Documents and the attached “Virginia Clean Water Revolving Loan Fund-2025 - Contract Inserts and Attachments for Wastewater Construction Bids.”

22.02 Bidders must comply with the President’s Executive Order No. 11246 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin, and Executive Orders #12138 and #11625 regarding utilization of MBE/WBE firms.

22.03 Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed or national origin. Federal Law prohibits discrimination on the grounds of race, color, national origin, religion, age, handicap, and sex in this project. Minority firms are particularly encouraged to participate. The Certification is found in Contract Documents and the attached “Virginia Clean Water Revolving Loan Fund-2025

- Contract Inserts and Attachments for Wastewater Construction Bids.”

22.04 Bidders must comply with the Davis-Bacon Act and the American Iron and Steel (AIS) Provisions as represented in the attached “Virginia Clean Water Revolving Loan Fund 2025 - Contract Inserts and Attachments for Wastewater Construction Bids.”

BID FORM

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

SUBMISSION BY MAIL TO: SUBMISSION BY DELIVERY TO:

Town of Front Royal Town of Front Royal Purchasing Department Purchasing Department PO Box 1560 102 E Main Street Front Royal, VA 22630 Front Royal, VA 22630 or ELECTRONIC RESPONSE SUBMISSION OPTION:

Submitted via eVA. Offeror must be registered in eVA in order to submit an electronic proposal.

The following are instructions for submitting an electronic proposal:

1. Go to www.eva.virginia.gov;

2. Click on “I Sell To Virginia”;

3. Click on “eVA Supplier Training”; and

4. Click on “Viewing and Responding to Solicitations Video”.

To learn how to submit an online bid in eVA please refer to the online supplier training page at:

https://eva.virginia.gov/supplier-training-materials.html

The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekW0

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA

Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

▪ Bid Bond

▪ Virginia State Corporation Commission Registration Information Form

▪ Legal Name & Address Form

▪ Vender Qualifications and Reference Form

▪ Non-collusion Form

▪ All Addenda included and signed

▪ Certification of Non-Segregations Facilities https://eva.virginia.gov/index.html http://www.eva.virginia.gov/ https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 mailto:eVACustomerCare@dgs.virginia.gov

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 3—BASIS OF BID

3.01 Lump Sum Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following Prices:

Item ITEM DESCRIPTION LUMP SUM

1 Mobilization and Demobilization (Limited to 10% of Total Bid)

Pump Station Upgrade (removal and installation of waste water pumps, valves and piping, electrical equipment and controls, concrete foundations, concrete grout repair, and submersible pump and control replacement).

3 Removal and installation of Emergency Generator and fuel systems.

Removal of existing and installation of new spiral staircase stairwell.

Removal of existing and installation of new wet-well ventilation equipment.

Inst…