CONTRACT DOCUMENTS

TOWN OF FRONT ROYAL

WASTEWATER TREATMENT PLANT

MAGNETITE REMOVAL PROJECT

BID ISSUE

FRONT ROYAL, VIRGINIA

September 9, 2026

Prepared by:

CHA Consulting, Inc.

1341 Research Center Drive

Suite 2100

Blacksburg, Virginia 24060

540-552-5548

CHA Project Number: 100441.000

09/09/26

CHA PROJECT NO. 100441

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TOWN OF FRONT ROYAL WASTEWATER TREATMENT PLANT

TABLE OF CONTENTS

Division 00 – Procurement and Contracting Requirements

001116 Invitation to Bid

002113 Instructions to Bidders

004136 Bid Form

004136A Forms Required to Accompany Bids

004300 Bid Bond

004510 Qualifications Statement

005100 Notice of Award

005200 Agreement

005500 Notice to Proceed

006100 Performance Bond

006150 Payment Bond

006200 Contractor’s Application for Payment

006250 Certificate of Substantial Completion

006260 Notice of Acceptability

007000 General Conditions

007000A VCWRLF Contract Inserts

007000C Davis Bacon Wages - Heavy Construction

008000 Supplementary Conditions

008000A Town of Front Royal Additional Terms and Conditions

009400 Work Change Directive

009410 Change Order

009420 Field Order

Division 01 – General Requirements

011000 Summary 011400 Work Restrictions 011414 Coordination with Owner's Operations 012200 Unit Prices 015000 Temporary Facilities and Controls 033470 Sludge Removal, Dewatering, and Disposal

Appendices Appendix A – Site Plan and Record Drawing (2018, GHD Front Royal WWTP Upgrade and Expansion) Appendix B - Magnetite MSDS Appendix C – Magnetite Analysis Results

INVITATION TO BID PAGE 1 OF 3

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SECTION 001116 – INVITATION TO BID

PART 1 – GENERAL

1.1 RECEIPT OF BIDS

A. Sealed Bids for the construction of Town of Front Royal Wastewater Treatment Plant Magnetite

Removal Project will be received by Town of Front Royal, 102 E Main Street, Front Royal, Virginia

22630 at the Purchasing Department.

B. Bids will be received until October 9, 2026 at 11:00 am, local time, and shortly thereafter the Bids will be opened publicly and read aloud.

1.2 GENERAL DESCRIPTION OF WORK

A. The work includes mobilization, solids testing, landfill coordination, and pumping and/or removal from tanks, dewatering operations, hauling, and disposal of wastewater solids mixed with magnetite from process tanks at the Front Royal Wastewater Treatment Plant. Work also includes any temporary facilities required to perform the work.

1.3 TYPE OF BID

A. Bid shall be on a firm lump sum and unit price basis for each of the respective Bid Items identified in the Base Bid Schedule of Section 004113 “Bid Form.” The Total Base Bid Price will be the cumulative sum of the extension of the bid quantities times the unit prices for each bid item.

1.4 DOCUMENT EXAMINATION AND PROCUREMENTS

A. Electronic copies of The Contract Documents must be obtained from the Owner’s eVA procurement site at www.eva.virginia.gov. Bidders must also obtain all addenda from the eVA procurement website www.eva.virginia.gov.

1.5 BID SECURITY

A. Each Bid shall be accompanied by bid security as described in the “Instructions to Bidders."

1.6 CONTRACT SECURITY

A. The Successful BIDDER will be required to furnish performance and payment bonds as described in

Section 007000 “General Conditions.”

1.7 PREBID CONFERENCE

A. A non-mandatory prebid conference will be held on Tuesday, September 22, 2026 at 11:00 am local time at the Town of Front Royal Wastewater Treatment Plant, 1100 Manassas Avenue, Front Royal, Virginia 22630.

1.8 CONTRACT TIME

A. The Contract Time is defined in Section 007000 “General Conditions” and specified in Section

005200 “Agreement.”

http://www.eva.virginia.gov/

INVITATION TO BID PAGE 2 OF 3

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1.9 QUALIFICATION OF BIDDERS

A. Bidders are required under Section 54-1.1112 of the Code of Virginia to show evidence of Certificate of Registration before their Bid may be received and considered. The Bidder shall place on the outside of the envelope containing the Bid, the information required by Section 002113 “Instructions to Bidders.”

B. The qualifications, resources, and experience of the BIDDER in the area of wastewater and sludge pumping and dewatering and haulingare considered to be essential for timely completion of this project.

C. Qualification of Bidder shall also be in accordance with Article 1.3 of Section 002113 “Instructions to Bidders.” Further, the Owner may make such other investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the

Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

1.10 OWNER'S RIGHT TO REJECT BIDS

A. Owner reserves the full and unconditional right to waive irregularities and to reject any or all Bids.

1.11 DETERMINATION OF SUCCESSFUL BIDDER

A. The Successful BIDDER shall be determined on the basis of the lowest, responsive, and responsible proposal in accordance with Section 002113 “Instructions to Bidders.”

1.12 FUNDING AGENCY REQUIREMENTS

A. The Contract awarded under this Invitation to Bid are expected to be funded in part from the

Virginia Clean Water Revolving Loan Fund (VCWRLF). VCWRLF requirements are included in

Section 002113 “Instructions to Bidders,” Section 004136 “Bid Form”, and Section 008000

“Supplementary Conditions,” and VCWRLF 2025 Contract Inserts and are a condition of this

Contract.

1.13 WITHDRAWAL OF BIDS

A. No Bid may be withdrawn for a period of 60 days after the date of bid opening except in accordance with Section 2.2-4330 of the Code of Virginia, as amended. The OWNER, as Contracting Authority, has selected the first procedure for the withdrawal of bids as set forth in the section of the Code as cited above.

1.14 NON-DISCRIMINATION POLICY

A. In accordance with the Code of Virginia, Section 2.2-4343.1, the OWNER does not discriminate against faith-based organizations or on any other basis prohibited by state or federal law. The Owner does not discriminate on the basis of race, color, national origin, sex, age, disability, or religion.

B. The OWNER encourages participation and bid submission from any Disadvantaged Business

Enterprises (DBE) and/or Minority or Women Business Enterprise (MBE or WBE) capable and otherwise qualified to perform work defined by this construction contract.

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C. The Successful Bidder must comply with the Presidents Executive Order #11246, prohibiting discrimination in employment regarding race, creed, sex, or national origin; Executive Orders #12138 and 11625 regarding utilization of MBE/WBE subcontractors in the performance of this Contract;

provide certification that they do not or will not maintain or provide for their employees facilities that are segregated on the basis of race, color, creed, or national origin; comply with the provisions of

Civil Rights Act of 1964; comply with the President’s Executive Order 13658 regarding minimum wages on federally-funded construction projects; comply with the Davis-Bacon Act; comply with

Section 436 of P.L.113-76 American Iron and Steel Requirements. The Successful Bidder must abide by OSHA regulations.

END OF SECTION

INSTRUCTIONS TO BIDDERS PAGE 1 OF 8

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SECTION 002113 – INSTRUCTIONS TO BIDDERS

1.1 DEFINED TERMS

A. Terms used in these Instructions to Bidders, which are defined in Section “General Conditions,” have the meanings assigned to them in the General Conditions.

B. Certain additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof.

1. Bidder – One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

2. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

3. Successful Bidder – The lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

1.2 COPIES OF BIDDING DOCUMENTS

A. Complete sets of the Bidding Documents in the number and for the price stated in Section “Invitation to Bid” may be obtained from the Engineer.

B. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of

Bidding Documents.

C. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

1.3 QUALIFICATIONS OF BIDDERS

A. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days after Bid opening detailed written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below (or elsewhere in the Contract

Documents).

B. Each Bid must contain evidence of Bidder's qualification to do business in the Commonwealth of

Virginia.

1.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE(S)

A. It is the responsibility of each Bidder before submitting a Bid to:

1. Examine thoroughly the Contract Documents and other related data identified in the Bidding

Documents.

2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work. This is to require an alert, heads-up, eyes-open, reasonable examination of the area(s) and conditions under which the Work is to be performed.

3. Site visits can be scheduled in advance with the Owner.

4. Unescorted site visits are not permitted.

5. Consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work.

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6. Study and carefully correlate Bidder's knowledge and observations with the Contract

Documents and such other related data.

7. Promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies in or between the

Contract Documents and such other related documents. When conflicts, errors, ambiguities or discrepancies are discovered in or between Contract Documents and/or other related documents, and when said conflicts, etc., have not been resolved through the interpretations by

Engineer as described in Article 1.7, Bidder shall include in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the Bid.

B. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs

5.03 through 5.05 of the General Conditions.

C. Before submitting Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

D. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Article 1.4, and (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contractor in furnishing the Work.

E. The Supplementary Conditions identify reports and drawings known to the Owner relating to hazardous environmental conditions that have been identified at or adjacent to the site.

F. The provisions of paragraphs A. through D. of this Article (1.4) inclusive, do not apply to Asbestos, Polychlorinated Biphenyls (PCBs), Petroleum, or hazardous waste covered by Paragraph 5.06 of the

“General Conditions.”

1.5 PREBID CONFERENCE

A. A prebid conference will be held at the time, date, and location as stated in Section “Invitation to

Bid.” Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective

Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

1.6 AVAILABILITY OF LANDS FOR WORK, ETC.

A. The lands upon which the Work is to be performed and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

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1.7 INTERPRETATIONS AND ADDENDA

A. All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda. Bidders must obtain all Addenda form the Owner’s eVA procurement site at www.eva.virginia.gov and acknowledge them on the Bid Form. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Direct questions to Engineer at:

CHA Consulting, Inc.

1341 Research Center Drive, Suite 2100

Blacksburg, VA 24060

Phone: (540) 552-5548

Attn: Jennifer Miller, PE jhmiller@chasolutions.com

B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or

Engineer.

1.8 BID SECURITY

A. Each Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of

Bidder's maximum Bid price and in the form of a certified or bank check, satisfactory evidence of a cash escrow, or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.01 of the

General Conditions.

B. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and certificates of insurance and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security and certificates of insurance within 15 days after the Notice of Award, Owner may annul the Notice of Award and the

Bid security of that Bidder will be forfeited to the Owner and considered liquidated damages. The

Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the

Agreement or the sixty-first (61st) day (time period for award plus one (1) day) after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

C. Bid bonds must be executed by a duly licensed corporate Surety authorized to do business in the

Commonwealth of Virginia. All bid security shall be made payable without condition to the Owner.

D. Bid security with Bids which are not competitive will be returned within seven (7) days after the Bid opening.

1.9 CONTRACT TIMES

A. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment are set forth in the Agreement. (the term “Contract

Times” is defined in Article 1 of the General Conditions).

1.10 LIQUIDATED DAMAGES

A. Provisions for liquidated damages, if any, are set forth in Section “Agreement.”

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1.11 SUBSTITUTE AND "OR-EQUAL" ITEMS – NOT USED

1.12 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. If the Contract Documents require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five (5) days after

Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by a detailed experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. The Owner or Engineer, who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute; in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder shall further indicate that 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 evaluation Bids and making the contract award.

B. 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, Suppliers and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the

Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06 of the General

Conditions.

C. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

1.13 PREPARATION OF BID

A. The Bid form is included with the Bidding Documents; additional copies may be obtained from

Engineer (or the Issuing Office).

B. All blanks on the Bid form must be completed by printing in black ink, by typewriter, or by word processor.

C. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of legal authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

D. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

E. All names must be typed or printed in black ink below the signature.

F. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid form).

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G. The postal address, an email address, and a telephone number for communications regarding the Bid must be shown.

H. Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Article 1.3 of this Section. Contractor license number must be shown.

1.14 SUBMITTAL OF BIDS

A. Bids shall be submitted on the prescribed Bid form, provided with the Bidding Documents, at the time and place indicated in Section 001116 - Invitation to Bid.

B. Bids may be submitted by mail, delivery, or upload to eVA.

1. Electronic Response Submission Option: Submitted via eVA. Offeror must be registered in eVA in order to submit an electronic proposal.

a. 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”.

b. 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

c. 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

d. 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.

2. Mailed or delivered Bids shall be enclosed in an opaque sealed envelope, marked in the lower lefthand portion of the envelope with the Invitation Number and Bid title “Town of Front

Royal Wastewater Treatment Plant Magnetite Removal Project” and the name and address of

Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.

Submission by Mail: Submission by Delivery:

Town of Front Royal Town of Front Royal

Purchasing Department Purchasing Department

PO Box 1560 102 E Main Street

Front Royal, VA22630 Front Royal, VA 22630

C. Attention is called to Title 54.1-1112 of the Code of Virginia. All Bids must carry the Contractor’s

Virginia License Number. The Contractor’s Virginia License Number must be placed on the face of the envelope containing the Bid.

D. All Bids must be accompanied by a certified check or a Bidder’s Bond in the amount of 5 percent of the total Bid made payable to the Owner.

1.15 BASIS OF BID AND EVALUATION OF BID

A. Unit Price:

1. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

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2. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract

Price will be determined in accordance with paragraph 13.03 of the General Conditions.

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

1.16 MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a

Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Bids may be modified in any way that is legally acceptable in the State where the Project is located.

B. After opening of bids, no Bidder may withdraw his proposal for a period of sixty (60) days, except in accordance with the Virginia Public Procurement Act, Title 2.2-4330. The Owner, being the

Contracting Authority, will use the first procedure under Title 2.2-4330(i) for withdrawal of bids set forth in Title 2.2-4330. The Bidder must give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure.

1.17 OPENING OF BIDS

A. Bids will be opened and read aloud publicly at the place where Bids are to be submitted. 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.

1.18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

A. All Bids will remain subject to acceptance for the time period specified in these instructions, but

Owner may, in sole discretion, release any Bid and return the Bid security prior to that date.

1.19 AWARD OF CONTRACT

A. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any

Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder as permitted under VPPA.

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

C. Any or all bids will be rejected if Owner has reason to believe that collusion exists among the

Bidders.

D. The following are some of the causes which shall be considered as sufficient for the disqualification of a Bidder and the rejection of his Bid:

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1. More than one bid for the same work from an individual, firm, or corporation. (This does not apply to subcontractors.)

2. Poor performance in the execution of work under previous contracts whether for this Owner or otherwise.

3. For being in arrears on existing contracts, in litigation with the Owner, or having defaulted on a previous contract.

4. Lack of competency as revealed by financial statement, experience, and equipment.

E. In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements unit prices and other data, as may be requested in the Bid form or prior to the Notice of Award.

F. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of

Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the

General Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incor-poration in the Work when such data is required to be submitted prior to the Notice of Award.

G. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any

Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed

Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

H. In making the Contract Award, the Owner shall take into consideration:

1. Total base bid price.

2. Magnitude of exceptions (if any).

3. Bidder’s technical, financial, or other qualifications.

4. Bidder’s demonstrated record for successful completion of similar projects within allocated time.

5. VPPA and Invitation to Bid requirements.

I. If the Contract is to be awarded, it will be awarded to lowest responsive and responsible Bidder in accordance with any and all procedures allowed by law including, but not limited to, the Virginia

Public Procurement Act.

1.

J. If the amount of all Bids received by the Owner in response to any invitation to Bid or solicitation of

Bids exceeds allocated or budgeted funds of the Owner available for the procurement, the Owner may, in its discretion, elect to negotiate an adjustment of the Bid price with the lowest responsible

Bidder in order to bring the amount Bid within the available funds of the Owner.

1. In determining whether to undertake any such negotiations, the Owner shall take into account the time required for completion of the Contract Work by the Bidder, and the feasibility of resolicitation of Bids generally or a reduction in the terms and specifications of the procurement.

2. In negotiating an adjustment of the Bid price under these procedures, the Owner may also negotiate changes in the work, specifications, and Bid requirements to the extent necessary to bring the Bid within the amount of available funds, provided that such adjustments in the sole discretion of the Owner do not materially alter the terms of the procurement or result in substantial competitive disadvantages to other Bidders and offerers.

3. The Owner shall have the right at any time to terminate negotiations with any Bidder and to reject all Bids or proposals.

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4. In any case in which the Owner undertakes to negotiate with the lowest responsible Bidder pursuant to these procedures, all other Bids and offers shall be deemed rejected.

K. If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. No other act of Owner or others will constitute acceptance of a Bid.

1.20 CONTRACT SECURITY AND INSURANCE

A. 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 and insurance. When the Successful

Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds and insurance.

1.21 SIGNING OF AGREEMENT

A. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement to Owner with the required Bonds, Certificates of Insurance, and Escrow Agreement, if required by law.

Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor.

1.22 SALES AND USE TAXES

A. Owner is exempt from Virginia’s state sales and use taxes on materials and equipment to be incorporated in the Work for facilities constructed for the purposes of abating or preventing pollution.

Such taxes shall not be included in the Bid Price. The Contractor shall be responsible to file the necessary forms for claiming exemption with the Virginia Department of Taxation. If this project is not for the purposes of abating or preventing pollution, then state sales tax shall be included in the

Bid.

B. All other taxes as described in Paragraph 7.09 of the General Conditions and including the

Commonwealth of Virginia sales tax on non-exempt items shall be included in the Total Base Bid

Price.

1.23 RETAINAGE

A. Provisions concerning retainage are set forth in the Agreement.

1.24 DEFINITION OF ALTERNATES- NOT USED

1.25 CONTRACTS TO BE ASSIGNED – NOT USED

1.26 MINORITY BUSINESS AND WOMEN’S BUSINESS ENTERPRISES (MBE/WBE) REQUIREMENTS

OF 40 CFR 33.240

A. Refer to Virginia CWLF 2025 Contract Inserts for the requirements.

END OF SECTION

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i

BID FORM

TOWN OF FRONT ROYAL

WASTEWATER TREATMENT PLANT

TABLE OF CONTENTS

Page

Contents

ARTICLE 1 – BID RECIPIENT

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

ARTICLE 3 – BIDDER’S REPRESENTATIONS

ARTICLE 4 – BIDDER’S CERTIFICATION

ARTICLE 5 – BASIS OF BID

ARTICLE 6 – TIME OF COMPLETION

ARTICLE 7 – MAJOR EQUIPMENT AND SYSTEMS SUPPLIERS

ARTICLE 8 – SUBSTITUTIONS FOR MAJOR EQUIPMENT AND SYSTEMS

ARTICLE 9 – ATTACHMENTS TO THIS BID

ARTICLE 10 – DEFINED TERMS

ARTICLE 11 – BID SUBMITTAL

ARTICLE 12 – CONTRACTOR’S POLICY OF NON-DISCRIMINATION

ARTICLE 13 – COMMONWEALTH OF VIRGINIA CONTRACTOR'S POLICY OF DRUG-FREE WORKPLACE

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Town of Front Royal 102 East Main Street Front Royal, VA 22630 Attn: Michelle Campbell, Manager of Purchasing

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 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and confirms that the written resolution thereof by Engineer is acceptable to Bidder.

H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

A. 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;

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

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

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

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

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

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

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

MAGNETITE REMOVAL PROJECT BASE BID

Item No. Description Unit Quantity Unit Price ($/unit) Extended Bid Price

1 Bonds, Insurance, Mobilization

LS 1 $___________

2 Removal, dewatering, hauling, and disposal of wastewater solids with magnetite

DRY TON 500 $__________

3 Testing and permitting, per truck load

EA 25 $__________

TOTAL BASE BID $

TOTAL BASE BID (in words)

5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

6.03 Contractor shall be responsible for prompt submission of shop drawings for long-lead time materials and equipment. Contractor shall provide an estimated delivery date for equipment and material orders. Contractor shall provide the Owner with a statement from the vendor(s) regarding estimated delivery dates in support of the project schedule.

ARTICLE 7 – MAJOR EQUIPMENT AND SYSTEMS SUPPLIERS – NOT USED

ARTICLE 8 – SUBSTITUTIONS FOR MAJOR EQUIPMENT AND SYSTEMS – NOT USED

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5

ARTICLE 9 – ATTACHMENTS TO THIS BID

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

A. Bid Form

B. Required Bid security;

C. Virginia Clean Water Revolving Loan Fund (VCWRLF) 2025 Contract Inserts

D. List of Proposed Subcontractors;

E. List of Proposed Suppliers;

F. List of Project References;

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

H. Contractor’s License No.: [or] Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids;

I. Required Bidder Qualification Statement with supporting data; and

J. Contractor’s Policy of Non-Discrimination

K. Contractor’s Policy of a Drug-Free Work Place.

L. Certification of Bidder Regarding Disbarment by Agency of the Commonwealth of Virginia’

M. Commonwealth of Virginia Worker’s Compensation Certificate of Coverage;

N. Affidavit of Non-Collusion;

O. Bidder Compliance Statement/Certification Regarding Equal Employment Opportunity.

P. AIS Initial Certification Statement

Q. Compliance with Immigration Law Statement

R. SCC Registration Form

ARTICLE 10 – DEFINED TERMS

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6

ARTICLE 11 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7

ARTICLE 12 – CONTRACTOR’S POLICY OF NON-DISCRIMINATION

COMMONWEALTH OF VIRGINIA

CONTRACTOR'S POLICY OF NONDISCRIMINATION

Pursuant to Section 2.2-4311 of the Code of Virginia, 1950, as amended, during the performance of this Contract, the Contractor agrees as follows:

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

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

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

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

The Contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor.

Signature of Authorized Agent

Date

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8

ARTICLE 13 – COMMONWEALTH OF VIRGINIA CONTRACTOR'S POLICY OF DRUG-FREE WORKPLACE

Pursuant to Section 2.2-4312 of the Code of Virginia, 1950, as amended, during the performance of this Contract, the Contractor agrees to:

iv. Provide a drug-free workplace for the Contractor's employees;

v. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

vi. State in all solicitations or advertisements for employees placed by or on behalf of the

Contractor that the Contractor maintains a drug-free workplace; and

vii. Include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this statement, "drug-free workplace" means a site for the performance of work done in connection with this specific contract awarded to Contractor, the employees who are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract.

CERTIFICATION REGARDING DEBARMENT

PRIMARY COVERED TRANSACTIONS

Project:

1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency.

b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; and have not been convicted of any violations of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1) b) of this certification; and

d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form.

The undersigned makes the foregoing statements to be filed with the proposal submitted on behalf of the Offeror for contracts to be let by the Town of Christiansburg.

Signature Date Title

Name of Firm

61A rev 11/13/2017

Contractor’s

Certificate of Workers’

Compensation Insurance (Form 61-A)

Electronic Filing Available Online www.workcomp.virginia.gov

PLEASE COMPLETE FULLY AND LEGIBLY

RETURN TO:

Virginia Workers’ Compensation Commission

Attention: Insurance Department 333 E. Franklin Street

Richmond, VA 23219

Name of Business Owner /Contractor

Last:

Business or Trade Name

First:

Business Federal Employer ID (FEIN) or Tax ID Number:

Business Owner / Contractor’s Home Mailing Address:

Business Address if different from Business Owner Address:

City: State: Zip:

City: State: Zip:

Home Telephone:

Business: Corp. L.L.C. Sole Prop Partnership Other

# of officers # of paid members # of partners:

WORKERS’ COMPENSA TION INSURA NCE

If you have workers’ compensation insurance check type and complete below:

Type of Trade or Industry:

List ONLY WORKERS’ COMPENSATION, not General Liability

Insurance Carrier licensed in Virginia

Self-insured with certificate of authorization issued by the Virginia Workers’ Compensation Commission

Group Self-Insurance Association (GSIA) licensed by the State Corporation Commission

A Professional Employer Organization (PEO) registered in Virginia

Business Telephone:

E-mail Address:

If you do not list workers’ compensation insurance you must answer below:

1. Do you have more…