835616waterWvwa.pdf

PROJECT MANUAL

FOR

CRYSTAL SPRING WTF UPGRADE

WQ-CIP-26-08

Bid Date: Wednesday August 26, 2026

Prepared For:

Western Virginia Water Authority 601 South Jefferson Street Roanoke, Virginia 24011

(540) 853-5700

Prepared By:

Brown and Caldwell 3454 W Clay St

Richmond, VA 23230 203014

NMatthews Snapshot

Print Date: 7/13/2026 Page 1 of 2 Revision Date: 7/13/2026

WESTERN VIRGINIA WATER AUTHORITY

ROANOKE, VIRGINIA

CRYSTAL SPRING WATER TREATMENT FACILITY

MEMBRANE AND DISINFECTION SYSTEM IMPROVEMENTS

TABLE OF CONTENTS

BIDDING DOCUMENTS

Section C111 Advertisement for Bids P200 Instructions to Bidders P400 Bid Form C430 Bid Bond

CONTRACT DOCUMENTS

Section P520 Agreement Between Buyer and Seller P610 Performance Bond P615 Payment Bond P625 Buyer Acknowledgement of Receipt of Goods P626 Buyer Notice Regarding Conformity of Goods and Special Services P700 General Conditions of the Procurement Contract P800 Supplementary Conditions of the Procurement Contract Escrow Agreement Evaluation Form

GENERAL REQUIREMENTS

Section 01 11 80 Environmental Conditions 01 32 33 Photographic Documentation 01 42 19 Reference Standards 01 45 23 Testing and inspection services 01 66 00 Product Storage and Handling Requirements 01 73 24 Design Requirements for Non-Structural Components and Non-Building

Structures 01 77 50 Warranties and Bonds 01 78 23 Operation and Maintenance Data 01 79 00 Demonstration and Training 01 91 00 Commissioning Testing and Start-Up 01 99 90 Reference Forms 05 05 20 Anchor Bolts 05 10 00 Structural Metal Framing 05 50 00 Metal Fabrications 09 90 00 Painting and Coating 09 90 00 Att 1 - Coating System Quality Control Checklist 09 90 00 Att 2 - Coating Systems Schedule (Finish Schedule) 09 97 00 Potable Water Protective Coatings 09 97 00 Att 1 - Steel Potable Water Coating System Quality Control Checklist 26 05 00 Common Work Results for Electrical 26 05 19 Low-Voltage Electrical Power Conductors and Cables

Print Date: 7/13/2026 Page 2 of 2 Revision Date: 7/13/2026

26 05 26 Grounding and Bonding for Electrical Systems 26 24 16 Panelboards 40 05 01 Piping Systems 40 05 02 Piping System Schedules 40 05 06 Specialty Couplings and Adapters for Process Piping 40 05 06.33 Piping Appurtenances 40 05 07 Hangers and Supports for Process Piping 40 05 07.13 Seismic Restraints for Piping 40 05 07.16 Expansion Control for Piping 40 05 23 Stainless Steel Process Pipe and Tubing 40 05 33.13 High Density Polyethylene Pipe - Solid Wall 40 05 45 Piping System Identification 40 05 57.13 Manual Actuators 40 05 57.53 Pneumatic Actuators 40 05 60 Valves 40 05 63.05 Ball Valves - PVC 40 05 63.08 Ball Valves - Stainless Steel Flanged 40 05 64.03 Butterfly Valves - High Performance, Resilient Seated 40 05 65.04 Check Valves - PVC Ball Type 40 05 65.20 Check Valves - Stainless Steel, Swing Type 40 05 78.13 Air-Vacuum Valves for Water Service 40 05 82.03 Solenoid Valves - 2-Position, 3-Way 40 06 70 Schedules for Instrumentation of Process System 40 06 70 Process Control System Instrument List-Appx A 40 61 13 Process Control System General Provisions.pdf 40 61 21 Process Control System Testing 40 63 43 Programmable Logic Controllers 40 67 00 Control System Equipment Panels and Racks 40 68 00 Process Control Software 40 68 13 Process Control (HMI) Software 40 71 00 Flow Measurement 40 72 00 Level Measurement 40 73 00 Pressure, Strain, and Force Measurement 40 75 00 Process Liquid Analytical Measurement 40 78 00 Panel Mounted Instruments 40 79 00 Miscellaneous Instruments, Calibration Equipment Valves & Fittings 43 05 11 General Requirements for Equipment 46 61 33 Microfiltration and Ultrafiltration Membrane Equipment 46 61 33 MF and UF Membrane Equipment Existing IO List - Appx A

STANDARD SPECIFICATIONS

Western Virginia Regional Design and Construction Standards, latest edition, incorporated by reference and located at the following link: https://www.westernvawater.org/i-am-a/developer-engineer https://www.westernvawater.org/i-am-a/developer-engineer

EJCDC® C-111, Advertisement for Bids for Construction Contract.

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

ADVERTISEMENT FOR BIDS

WESTERN VIRGINIA WATER AUTHORITY

ROANOKE, VIRGINIA

CRYSTAL SPRING WATER TREATMENT FACILITY MEMBRANE AND DISINFECTION SYSTEM

IMPROVEMENTS

General Notice

Western Virginia Water Authority (Buyer/Owner) is requesting Bids for procurement of an ultrafiltration membrane system as part of the following Project:

CRYSTAL SPRING WATER TREATMENT FACILITY MEMBRANE AND DISINFECTION SYSTEM

IMPROVEMENTS

WQ-CIP-26-08

Bids for the construction of the Project will be received at the [name of location] located at at the Authority’s Engineering Services Office, Coulter Building Third Floor, Suite 300, 601 South Jefferson Street, Roanoke, Virginia, 24011, until Wednesday, August 26 at 2:00 p.m. local time. At that time the Bids received will be publicly opened and read at the above address and via virtual Teams meeting shortly after receiving bid closure.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website:

www.westernvawater.org under ‘DOING BUSINESS WITH US/Work With Us/Invitations to Bid’

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to submit a notice of intent to bid to Engineer at 203014_MembraneRFP@brwncald.com even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format.

The designated website will be updated periodically with addenda, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

Electronic Bid Submission

Code of Virginia § 2.2-4303: All local public bodies shall provide an option to submit bids or proposals through eVA or other electronic means. In cases where bids or proposals are submitted electronically, the local public body may also require a certain number of paper submissions for review purposes.

All bids will be accepted by Owner through the eVA procurement platform.

Pre-bid Conference

A pre-bid conference for this Procurement will not be held.

www.westernvawater.org

EJCDC® C-111, Advertisement for Bids 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-Opening Conference

If joining virtually, the conference link can be found here:

https://teams.microsoft.com/meet/22336832267564?p=r5SooSv8aE4VyCORB5

All parties are urged to confirm ability to access the link ahead of time to minimize issues with joining the bid opening.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

Minority Owned Businesses (MBEs) and Women Owned Businesses (WBEs) are encouraged to respond.

Bidders are referred to the Code of Virginia § 54.1-1100 et seq. for contractor requirements. Bidders shall provide evidence of authorization to transact business in the Commonwealth of Virginia by providing the identification number issued to Bidder by the State Corporation Commission in accordance with the Code of Virginia § 2.2-4311.2, Title 13.1, Title 50, or as otherwise required by law.

The Authority does not discriminate against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. The Authority does not discriminate against faith- based organizations in accordance with the Code of Virginia § 2.2-4343.1.

A Bid may be withdrawn in accordance with the Code of Virginia § 2.2-4330 by giving notice in writing of Bidder’s claim of right to withdraw Bid within two business days after the conclusion of the bid opening procedure and submitting original work papers with such notice.

This Advertisement is issued by:

Owner: Western Virginia Water Authority By: Jamie Morris Title: CIP Manager Date: 7/13/2026 https://teams.microsoft.com/meet/22336832267564?p=r5SooSv8aE4VyCORB5

EJCDC® P-200, Instructions to Bidder for Procurement Contract.

Copyright© 2019 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 PROCUREMENT CONTRACTS

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Procurement Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Site Visit; Pre-Bid Conference

Article 5— Interpretations and Addenda

Article 6— Bid Security

Article 7— Procurement Contract Times

Article 8— Liquidated Damages

Article 9— Confidentiality of Bid Information

Article 10— “Or-Equal” Items

Article 11— Preparation of Bid

Article 12— Basis of Bid; Comparison of Bids

Article 13— Submittal of Bid

Article 14— Modification or Withdrawal of Bid

Article 15— Opening of Bids

Article 16— Bids to Remain Subject to Acceptance

Article 17— Evaluation of Bids and Award of Procurement Contract

Article 18— Bonds and Insurance

Article 19— Signing of Procurement Agreement

Article 20— Sales and Use Taxes

Article 21— Procurement Contract to be Assigned

EJCDC® P-200, Instructions to Bidders for Procurement Contract.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

INSTRUCTIONS TO BIDDERS FOR PROCUREMENT CONTRACT

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will 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 Procurement Bidding Documents are to be issued and where the bidding procedures are to be administered.

ARTICLE 2—PROCUREMENT BIDDING DOCUMENTS

2.01 Bidder may obtain complete sets of the Procurement Bidding Documents, in the number and for the deposit sum, if any, stated in the advertisement or invitation to bid, from the Issuing Office.

The deposit will be refunded to each document holder of record who returns a complete set of Procurement Bidding Documents in good condition within 30 days after opening of Bids. Bidders must obtain a complete set of the Procurement Contract Documents as listed in the Procurement Agreement.

2.02 Bidder must use a complete set of the Procurement Bidding Documents in preparing the Bid;

neither Buyer nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Procurement Bidding Documents.

2.03 Buyer and Engineer make copies of Procurement Bidding Documents available on the above terms only for obtaining Bids for furnishing Goods and Special Services, and do not authorize or confer a license for any other use.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Buyer may at any time conduct such investigations as Buyer deems necessary to establish the responsibility, qualifications, and financial ability of Bidder, and after the opening of Bids may require a Bidder to submit documentation of its qualifications, including but not limited to financial data and documentation of previous experience providing goods and services comparable to the specified Goods and Special Services.

3.02 Bidder is to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

3.03 Bidder shall submit a qualifications statement with the Bid, including financial data and documentation of previous experience providing comparable goods and services, to demonstrate Bidder’s qualifications to furnish the specified Goods and Special Services.

ARTICLE 4—SITE VISIT; PRE-BID CONFERENCE

4.01 Buyer recommends that Bidder visit the site where the Goods are to be installed and Special Services will be provided, taking into account observable local and site conditions that may affect

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

the delivery, cost, progress, and furnishing of the Goods and Special Services. Arrangements for such a visit may be made through Engineer.

4.02 A pre-bid conference will not be held for this procurement.

4.03 Bidders are encouraged to notify Engineer of intended participation in this invitation by emailing 203014_MembraneRFP@brwncald.com so that Buyer may communicate any updates to Bidders.

ARTICLE 5—INTERPRETATIONS AND ADDENDA

5.01 Prospective Bidders must examine and download the Bidding Documents at www.westernvawater.org under ‘DOING BUSINESS WITH US/Work With Us/Invitations to Bid’.

A. Any Addenda will be issued in the same location on the Buyer’s website and will not be uploaded to any other system.

5.02 All questions about the meaning or intent of the Procurement Bidding Documents are to be submitted to Engineer in writing at:

A. 203014_MembraneRFP@brwncald.com and should cc the Buyer’s primary contact, Jamie Morris (email: james.morris@westernvawater.org).

B. Contractual questions may be directed to Jamie Morris directly.

5.03 Interpretations or clarifications considered necessary by Engineer in response to such written questions will be issued by Addenda posted to the Buyer’s website.

A. Questions received after July 31, 2026 will not be answered. Only answers in the Addenda will be binding. Oral statements, interpretations, and clarifications may not be relied upon in the preparation of a Bid, and will not be binding or legally effective.

5.04 Addenda may be issued to clarify, correct, or change the Procurement Bidding Documents as deemed advisable by Buyer or Engineer.

5.05 Unless otherwise directed by an Addendum issued prior to the date, no further Addenda will be issued after August 7, 2026 without an accompanying extension.

5.06 A best effort will be made to provide notice to all parties recorded as having received the Procurement Bidding Documents in accordance with Article 4, but retrieval of the Addenda is the responsibility of the Bidders.

ARTICLE 6—BID SECURITY

6.01 A Bid must be accompanied by Bid security made payable to Buyer in an amount of 10 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 5.01 of the General Conditions. Such Bid bond will be issued in the form included in the Procurement Bidding Documents.

6.02 The Bid security of the apparent Successful Bidder will be retained until Buyer (Project Owner) awards the Procurement Contract to such Bidder, and such Bidder has executed the Procurement 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 Procurement Contract and furnish the required contract security within 15 days after

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

the Notice of Award, Buyer (Project Owner) may consider Bidder to be in default and 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 Buyer’s damages in the case of a damages-form bond.

Such forfeiture will be Buyer’s exclusive remedy if Bidder defaults.

6.03 The Bid security of other Bidders that Buyer believes to have a reasonable chance of receiving the award may be retained by Buyer until the earlier of 7 days after the Effective Date of the Procurement Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 7—PROCUREMENT CONTRACT TIMES

7.01 See applicable provisions in the Procurement Agreement.

ARTICLE 8—LIQUIDATED DAMAGES

8.01 Any provisions for liquidated damages, such as those for Seller’s failure to attain a specified Milestone such as the delivery of the Goods, are set forth in the Procurement Agreement.

ARTICLE 9—CONFIDENTIALITY OF BID INFORMATION

9.01 Confidential information is information in the Bid, or in documents submitted by Bidder with the Bid or submitted subsequent to the opening of Bids in support of the Bid, that Bidder clearly and prominently labels in writing to be a trade secret, proprietary, or confidential. Bids will be opened and accompanying documents, if any, will be maintained in a manner that endeavors to avoid disclosing confidential information to third parties, to the extent allowed by Laws and Regulations.

9.02 Bidder shall clearly and prominently mark confidential information with the word “CONFIDENTIAL” on each page or sheet or on the cover of bound documents. Place “CONFIDENTIAL” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document.

9.03 If Buyer is requested to disclose confidential information, becomes legally compelled to disclose confidential information, or is required by a regulatory body, governing agency, or controlling authority to disclose confidential information, or make any other disclosure that is prohibited or otherwise constrained by these Procurement Bidding Requirements, Buyer will provide Bidder with prompt notice so Bidder may seek a protective order or other appropriate remedy. Bidder will be solely responsible for submitting to the regulatory body, governing agency, or controlling authority any arguments, briefs, memoranda, motions, authorities, or other information in opposition to disclosure.

9.04 Buyer’s obligations with respect to confidential information are nullified by the following exceptions:

A. Confidential information becomes a part of the public domain through publication or otherwise, through no fault of the Buyer;

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. Buyer can demonstrate through suitable documentation that the confidential information was already in the Buyer’s possession, and not previously marked as confidential, or was otherwise publicly available prior to the date of Bid submittal;

C. The confidential information is subsequently and independently disclosed to the Buyer by a third party who has a lawful right to disclose such information;

D. Buyer concludes in good faith that the information is not confidential, or that disclosure is required or justified; or

E. Buyer is required to disclose the confidential information by court order or by applicable Laws and Regulations.

9.05 Notwithstanding any other provision of the Procurement Bidding Documents, it is stipulated and agreed that by accepting a Bid, Buyer has not and does not waive its legal immunity (if any) from suit or liability.

ARTICLE 10—“OR-EQUAL” ITEMS

10.01 The Procurement Contract, if awarded, will be based on material and equipment specified in the Procurement Bidding Documents without consideration of possible “or-equal” items. Whenever it is specified or described in the Procurement Bidding Documents that an “or-equal” item of material or equipment may be furnished or used by Seller if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Procurement Contact. The procedure for submittal of any such application by Seller and consideration by Engineer is set forth in the General Conditions and may be supplemented in the Procurement Specifications.

ARTICLE 11—PREPARATION OF BID

11.01 The Bid Form is included with the Procurement Bidding Documents. Additional copies of Procurement Bidding Documents may be obtained from the Issuing Office.

11.02 All blanks on the Bid Form must be completed and the Bid Form must be signed by an individual authorized to act on behalf of the Bidder. Alterations must be initialed by an individual authorized to act on behalf of the Bidder. A Bid price must be indicated for each item in the Bid Form. In the case of optional alternates, the words “No Bid” may be entered.

11.03 Bidder must acknowledge all Addenda by filling in the number and date of each Addendum in the Bid Form and sign where indicated to verify that the Addenda were received. A Bid that does not acknowledge receipt of all Addenda may be considered non-responsive.

11.04 Bidder shall:

A. Sign the Bid Form as indicated in the Bid Form.

B. Include evidence of authority to sign.

C. Provide information on the individual to be contacted for any communications regarding the Bid.

D. Provide evidence of the Bidder’s authority and qualification to do business in the locality of the Project, to the extent required, or indicate the ability to obtain such authority and qualification prior to award of the Procurement Contract.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

11.05 The responsibilities of each Bidder submitting a Bid are described in the Bidder’s representations and certifications set forth in Article 6 of the Bid Form.

ARTICLE 12—BASIS OF BID; COMPARISON OF BIDS

12.01 Base Bid with Alternates

A. The “Base Bid” is the sum stated in the Bid for which the Bidder offers to furnish the Goods and Special Services described in the Procurement Bidding Documents as the base, from which work may be deleted based on proposed competitive solutions deviating from the base bid requirements for sums stated in Alternate Bids. An “Alternate Bid” (or Alternate) is an amount stated in the Bid to be deducted from the amount of the Base Bid if the corresponding change in the Goods and Special Services, as described in the Procurement Bidding Documents, is accepted.

B. As set forth in the Bid Form, Bidder shall enter an amount for the Lump Sum Base Bid, and enter a separate amount for each Alternate Bid described in the Procurement Bidding Documents.

C. The apparent low Bid will be determined on the basis of the total amount of the Base Bid, plus (in the order listed on the Bid Form) the Alternate Bids providing the most features within the funds determined by the Buyer to be available. If the addition of another Alternate Bid item listed in the Bid Form would make the total amount exceed the available funds, it will be skipped and the next subsequent Alternate Bid in a lower amount will be added, provided the total amount does not exceed the available funds.

D. Award will be made to the responsible Bidder that provides the lowest Bid amount for any combination of Base Bid plus selected additive Alternate Bids which Buyer determines provides the most beneficial combination of alternatives within the funds available.

ARTICLE 13—SUBMITTAL OF BID

13.01 Bidder shall refer to the advertisement for bid for specific identification of the date, time, and place where Bids are to be submitted.

13.02 A Bid must be submitted no later than the date and time prescribed in the advertisement to bid.

Submit the Bid and all documentation to the Virginia eProcurement Marketplace, eVA (https://eva.virginia.gov/).

ARTICLE 14—MODIFICATION OR WITHDRAWAL OF BID

14.01 A Bid may be modified or withdrawn by a document duly signed in the same manner that a Bid must be signed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

14.02 If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Buyer and promptly thereafter demonstrates to the reasonable satisfaction of Buyer that there was a https://eva.virginia.gov/

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned.

ARTICLE 15—OPENING OF BIDS

15.01 Bids will be publicly opened at the time and place indicated in the advertisement or invitation to bid and read aloud, unless obviously non-responsive. An abstract of the amounts of the Base Bids and Alternate Bids, if any, will be made available to Bidders after Bids have been opened and reviewed by the Buyer.

ARTICLE 16—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 17—EVALUATION OF BIDS AND AWARD OF PROCUREMENT CONTRACT

17.01 Buyer reserves the right to reject any and all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Buyer also reserves the right to waive all informalities not involving price, time, or changes in the Goods and Special Services.

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

17.03 In evaluating Bids, Buyer 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 may be requested from Bidders prior to a Notice of Award.

17.04 If Buyer awards the Procurement Contract, such award will be to the responsible Bidder submitting the greatest value to the Buyer in accordance with the ratings and rankings described in the Evaluation Form.

ARTICLE 18—BONDS AND INSURANCE

18.01 Article 5 of the General Conditions and Article 5 of the Supplementary Conditions set forth Buyer’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the signed Procurement Agreement to Buyer, it must be accompanied by such bonds and acceptable evidence of insurance.

ARTICLE 19—SIGNING OF PROCUREMENT AGREEMENT

19.01 When Buyer issues a Notice of Award to the Successful Bidder, it will be accompanied by the unsigned counterparts of the Procurement Agreement along with the other Procurement Contract Documents identified in the Procurement Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Procurement Agreement and any bonds and insurance documentation required to be delivered by the Procurement Contract Documents to Buyer. Within 10 days thereafter, Buyer will deliver one fully executed counterpart of the Procurement Agreement to Successful Bidder, together

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

with printed and electronic copies of the Procurement Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 20—SALES AND USE TAXES

20.01 Buyer is exempt from Virginia state sales and use taxes on materials and equipment to be incorporated in the Project. Exempt taxes must not be included in the Bid. Refer to P-800, Paragraph SC-7.05 for additional information.

ARTICLE 21—PROCUREMENT CONTRACT TO BE ASSIGNED

21.01 Bidder’s attention is directed to the provisions of Article 5 of the Procurement Agreement which provide for the assignment of the Procurement Contract to a construction contractor designated by the Buyer to construct the Crystal Spring Membrane Upgrade]. Successful Bidder (Seller) will be required to perform the Procurement Contract after it has been assigned to the construction contractor (Contractor Assignee) in accordance with the provisions in the Procurement Contract.

Timing of the assignment is addressed in the Procurement Agreement. Forms documenting the assignment of the Procurement Contract and for the agreement of the Seller’s surety to such assignment are included as attachments to the Procurement Agreement.

EJCDC® P-400, Bid Form for Procurement Contract.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 1

BID FORM FOR PROCUREMENT CONTRACT

TABLE OF CONTENTS

Page

Article 1— Buyer and Bidder

Article 2— Basis of Bid

Article 3— Time of Completion

Article 4— Attachments to this Bid

Article 5— Bidder’s Acknowledgments

Article 6— Bidder’s Representations and Certifications

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM FOR PROCUREMENT 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—BUYER AND BIDDER

1.01 This Bid is submitted to:

Western Virginia Water Authority 601 South Jefferson Street Roanoke, Virginia 24011

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Procurement Contract with Buyer in the form included in the Procurement Bidding Documents, and to furnish the Goods and Special Services as specified or indicated in the Procurement Bidding Documents, for the prices and within the times indicated in this Bid, and in accordance with the other terms and conditions of the Procurement Bidding Documents.

ARTICLE 2—BASIS OF BID

2.01 Lump Sum Bids

A. Bidder will furnish the Goods and Special Services in accordance with the Procurement Contract Documents for the following Procurement Contract Price(s):

1. Lump Sum Bid Price (Base Bid and Alternates)

Lump Sum Bid Price for Base Bid $

Alternate A (Deduct) – Seller Solution $

Alternate B (Add) -- Guaranteed Temporary System Rental Price during Construction

2.02 Not Used

2.03 Not Used

2.04 Not Used

ARTICLE 3—TIME OF COMPLETION

3.01 Bidder agrees that the furnishing of Goods and Special Services will conform to the schedule of Procurement Contract Times set forth in Article 2 of the Procurement Agreement.

3.02 Bidder accepts the provisions of the Procurement Agreement as to liquidated damages.

ARTICLE 4—ATTACHMENTS TO THIS BID

4.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid security in the form prescribed in the Instructions to Bidders.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids.

C. Equipment Data Sheets.

D. Completed Evaluation Form.

ARTICLE 5—BIDDER’S ACKNOWLEDGMENTS

5.01 Bidder accepts all terms and conditions of the Instructions to Bidders. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period that Bidder may agree to in writing upon request of Buyer.

5.02 Bidder has examined and carefully studied the Procurement Bidding Documents, the related data identified in the Procurement Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents that:

1. Bidder has examined and carefully studied the Procurement Contract Documents.

2. If required by the Instructions to Bidders to visit the Point of Destination and the site where the Goods are to be installed or Special Services will be provided, or if, in Bidder’s judgment, any observable local or site conditions may affect the delivery, cost, progress, or furnishing of the Goods and Special Services, then Bidder has visited the Point of Destination and site where the Goods are to be installed or Special Services will be provided (as applicable) and become familiar with and is satisfied as to the observable local and site conditions that may affect delivery, cost, progress, and furnishing of the Goods and Special Services.

3. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect the cost, progress, and performance of Seller's obligations under the Procurement Contract.

4. Bidder has carefully studied, considered, and correlated the information known to Bidder with respect to the effect of such information on the cost, progress, and performance of Seller's obligations under the Procurement Contract.

5. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Procurement Contract Documents, and the written resolution (if any) thereof by Engineer is acceptable to Bidder.

6. The Procurement Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of Seller's obligations under the Procurement Contract.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of the Bidding Requirements, that without exception the Bid (including all Bid prices) is premised upon furnishing the Goods and Special Services as required by the Procurement Contract Documents.

6.02 Bidder’s Certifications

A. Bidder certifies that:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

3. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Procurement Contract. For the purposes of this Paragraph 6.02.A.4:

a. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

b. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Buyer, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Buyer of the benefits of free and open competition;

c. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Buyer, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

d. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This Bid is offered by:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Date:

(date signed)

Name:

(typed or printed)

Title:

(typed or printed)

(If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

(individual’s signature)

Title:

(typed or printed)

Address for giving notices:

Designated Representative:

Name:

(typed or printed)

Title:

(typed or printed)

Address:

Phone:

Email:

License No.:

Classification:

Limitation:

EJCDC® C-430, Bid Bond (Penal Sum Form).

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

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: [Full formal name of Bidder] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Bidder’s principal place of business] [Address of Surety’s principal place of business]

Owner Bid

Name: Western Virginia Water Authority Project (name and location):

Address (principal place of business): [Owner project/contract name, and location of the project] 601 South Jefferson Street

Roanoke, Virginia 24011

Bid Due Date: August 26, 2026

Bond

Penal Sum: [Amount]

Date of Bond: [Date]

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form).

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

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC® P-520, Agreement between Buyer and Seller for Procurement Contract.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 2

AGREEMENT BETWEEN BUYER AND SELLER

FOR PROCUREMENT CONTRACT

TABLE OF CONTENTS

Page

Article 1— Procurement Contract

1.01 Goods and Special Services

1.02 The Project

1.03 Engineer

1.04 Point of Destination

Article 2— Procurement Contract Times

2.01 Time of the Essence

2.02 Schedule of Procurement Contract Times

2.03 Shop Drawings and Samples

2.04 Liquidated Damages

Article 3— Procurement Contract Price

3.01 Procurement Contract Price and Total Price—Based on Attached Bid

Article 4— Payment Procedures

4.01 Submittal and Processing of Applications for Payment

4.02 Progress Payments; Final Payment

4.03 Interest

Article 5— Assignment of Procurement Contract

5.01 Assignment of Contract

Article 6— Procurement Contract Documents

6.01 List of Procurement Contract Documents

Article 7— Seller’s Representations and Certifications

7.01 Seller’s Representations

7.02 Seller’s Certifications

Article 8— Confidentiality

8.01 Confidential Information

8.02 Disclosure of Confidential Information

8.03 Waiver of Immunity

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 2 of 2

Article 9— Mutual Waiver

9.01 Mutual Waiver of Consequential Damages

Exhibit A— Assignment of Procurement Contract, Consent to Assignment, and Acceptance of Assignment

Exhibit B— Surety’s Consent to Assignment

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN BUYER AND SELLER

FOR PROCUREMENT CONTRACT

This Procurement Agreement is by and between Western Virginia Water Authority (“Buyer”) and [formal name of entity] (“Seller”).

Terms used in this Procurement Agreement have the meanings stated in the General Conditions of the Procurement Contract and the Supplementary Conditions of the Procurement Contract.

Buyer and Seller hereby agree as follows:

ARTICLE 1—PROCUREMENT CONTRACT

1.01 Goods and Special Services

A. Seller shall furnish the Goods and Special Services as specified or indicated in the Procurement Contract Documents. The Goods and Special Services are generally described as follows: Complete ultrafiltration membrane system consisting with N+1 capacity in accordance with the contract documents.

1.02 The Project

A. The Project, of which the Goods and Special Services are a part, is generally described as follows: The Crystal Spring Water Treatment Facility is planning to replace the existing 4.5 MGD (nominal) membrane filtration system with a new ultrafiltration membrane system.

1.03 Engineer

A. Buyer has retained Brown and Caldwell ("Engineer"), to prepare Procurement Contract Documents and act as Buyer's representative. Engineer assumes all duties and responsibilities and has the rights and authority assigned to Engineer in the Procurement Contract Documents in connection with Seller’s furnishing of Goods and Special Services.

1.04 Point of Destination

A. The Point of Destination is designated as:

1. TBD

ARTICLE 2—PROCUREMENT CONTRACT TIMES

2.01 Time of the Essence

A. All time limits for Milestones, including the submittal of Shop Drawings and Samples, the delivery of Goods, and the furnishing of Special Services as stated in the Procurement Contract Documents, are of the essence of the Procurement Contract.

2.02 Schedule of Procurement Contract Times

A. The following schedule sets forth the Procurement Contract Times:

Milestone Date or Days Notes

Submit Shop Drawings

Start Equipment Construction

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Witness Testing

Deliver acceptable Goods to Point of Destination

Delivery may be made in the 15-day period before delivery date

Commence Special Services for Goods If commencement is linked to delivery, “delivery” means date of Buyer’s acknowledgment of receipt

Complete Special Services for Goods

Readiness for Final Inspection and Acceptance of Goods and Special Services

2.03 Shop Drawings and Samples

A. Submittal of Shop Drawings and Samples: Seller shall submit all Shop Drawings and Samples required by the Procurement Contract Documents to Engineer for its review and approval.

B. Engineer’s Review: It is the intent of the parties that Engineer will conduct its review of Shop Drawings and Samples and issue its approval, or a denial accompanied by substantive comments regarding information needed to gain approval, within [insert number] days after Seller's submittal of such Shop Drawings and Samples, or within such longer period that is needed because of the quantity and quality of such submittals. Resubmittals will be limited whenever possible.

2.04 Liquidated Damages

A. Buyer and Seller recognize that time is of the essence as stated in Paragraph 2.01, and that Buyer will suffer financial and other losses if the Goods are not delivered to the Point of Destination and ready for receipt of delivery by Buyer within the time specified in Paragraph 2.02, plus any extensions thereof allowed in accordance with this Procurement Contract. The parties also recognize that the timely performance of services by others involved in the Project is materially dependent upon Seller’s specific compliance with the delivery requirements of Paragraph 2.02. Further, the parties recognize the time, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the loss (whether direct, consequential, or otherwise) suffered by Buyer if complete, acceptable Goods are not delivered on time. Accordingly, instead of requiring any such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer $[insert dollar amount] for each day that expires after the time specified in Paragraph 2.02 for delivery of acceptable Goods.

ARTICLE 3—PROCUREMENT CONTRACT PRICE

3.01 Procurement Contract Price and Total Price—Based on Attached Bid

A. For furnishing the Goods and Special Services in accordance with the Procurement Contract Documents, Buyer shall pay Seller the prices stated in Seller’s Bid, attached hereto as an exhibit, subject to final adjustments for Unit Price Goods and Special Services, and subject to the following Buyer-accepted alternates: [identify accepted alternates, if any].

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 4—PAYMENT PROCEDURES

4.01 Submittal and Processing of Applications for Payment

A. Seller shall submit Applications for Payment in accordance with Article 13 of the General Conditions and the following paragraphs. Engineer and Buyer will process such Applications for Payment in accordance with said Article 13.

4.02 Progress Payments; Final Payment

A. Seller may submit an Application for Payment requesting the stated percentage of Procurement Contract Price upon attainment of each of the following Payment Line Items:

Payment Line Item (Lump Sum) Percentage of Lump Sum

1. Notice to Proceed with equipment construction – Buyer has received adequate engineering documentation to release Seller to begin constructing the equipment.

[30]

2. Delivery of Goods to Point of Destination in accordance with the Procurement Contract Documents

[60]

3. Final Payment: Paid upon correction of non-conformities, provision of final Operations and Maintenance manuals, and submittal of warranties and other final documentation required by the Procurement Contract Documents

[5]

B. For Unit Price Goods and Special Services, if any, or for payments owed to Seller as a result of authorizations by Buyer under the Buyer’s Contingency Allowance (if any), Seller shall submit a separate Application for Payment, no more frequently than monthly, that states

(1) the actual quantities of such Unit Price Goods and Special Services that have been furnished, and the applicable unit prices; and (2) the services or items performed or furnished under the Buyer’s Contingency Allowance, and the amounts owed. If practical, and at Seller’s option, Seller may apply for such unit price and Buyer’s Contingency Allowance payments in a separate section of an Application for Payment submitted under Paragraph 4.02.A for lump sum items.

C. Buyer shall pay Seller the amount owed under an…