A701-2018 Hanover Amendments.pdf

HANOVER COUNTY’S AMENDMENTS TO

AIA DOCUMENT A701-2018 - INSTRUCTIONS TO BIDDERS

This document modifies portions of the “Instructions to Bidders” (AIA Document A701-2018). Where any portion of an Article of the Instructions to Bidders is amended, voided or otherwise modified by this supplement, other portions of that article not specifically amended shall remain in effect.

The article numbers in these Amendments correspond to the article numbers in AIA Document A701-2018, are for convenience only and have no other significance. The following amendments to AIA Document A701-2018 are hereby incorporated into the Instructions to Bidders between the Contractor and Hanover County.

ARTICLE 1

DEFINITIONS

1.2 Add the following to the end of the last sentence: “but are subject to and governed by definitions under applicable laws and regulations”.

1.8 Delete “and who meets the requirements set for in the” and replace with “in conformance with”.

ADD THE FOLLOWING:

1.10 A Responsible Bidder means a person or entity that has the capability, in all respects, to perform fully the Contract requirements and the moral and business integrity and reliability that will ensure good faith performance and complies with all of the Qualifications.

1.11 A Responsive Bidder means a person or entity that has submitted a Bid which conforms in all material respects to the Invitation for Bid and requirements of the Bidding Documents and complies with all of the Qualifications.

1.12 An Informality means a minor defect or variation of a Bid from the exact requirements of the Invitation to Bid and of the Bidding Documents which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

ARTICLE 2

BIDDERS REPRESENTATION

2.1.7 The Bidder has carefully reviewed the Bidding Documents and has verified that all of the Bidding Documents received are complete. The Bidder shall notify the Architect immediately if received Bidding Documents are not complete.

2.1.8 The Bidder has familiarized itself with all applicable federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work; the Bidder is licensed or certified to perform the Work.

2.1.9 The Bidder shall pay all county, city, state and federal taxes required by laws in effect at the time the Bids are received and resulting from the Work or traceable thereto. Said taxes shall not be in addition to the Contract price between the Owner and the Bidder, as the taxes shall be an obligation of the Bidder and not of the Owner, and the Owner shall be held harmless and indemnified for the same by the Bidder.

2.1.10 The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other documents, or to acquaint itself with conditions existing at the site(s), shall in no way relieve any Bidder from any obligations with respect to its Bid or to the Contract.

2.2 Bidders Representation

2.2.1 Bidders must inform themselves fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so will not relieve the successful Bidder of its obligation to furnish all material and labor necessary to carry out the provisions of the Contract for the Bid amount.

2.2.2 By submitting Bids, Bidders shall be presumed to have inspected the site and to be thoroughly familiar with the

Drawings, Project Manual, Specifications and other Contract Documents (including all addenda). The failure of any Bidder to examine any instrument or document shall not relieve that Bidder from any obligation with respect to the Bid or Contract.

ARTICLE 3

BIDDING DOCUMENTS

3.1.3 Delete this Section in its entirety.

3.1.4.1 Every Bidder is responsible to review all Bidding Documents received to verify that each set contains a complete set of Contract Documents. Any incomplete Bidding Documents shall be immediately returned to the Architect.

3.3.3 Add the following to the end of the last sentence “unless objected to by Owner”.

3.3.6 The Bidder agrees that its Bid shall be based on products and work indicated in the Bidding Documents. The

Contractor assumes all risks using a price or bid proposal representing a product or work that is not indicated in the Bidding Documents and, if the Contractor elects to use that product or work he shall submit it in accordance with the Division 1 requirements, and as stated herein. If that product or work is rejected, the Bidder shall provide a product or work indicated in the Bidding Documents at its cost. The Architect and the Owner shall not consider any requests for additional payments to provide the work as required by the Contract Documents.

3.4.1 After the first sentence, add “Copies of the Addendum will be posted electronically.”

3.4.3.1 Depending on the nature of an Addendum (clarifications, limited scope of revisions, added manufacturers) issued less than four days prior to receipt date, the Architect, in its professional judgment, reserves the right to issue said

Addendum without postponement of the bid date. However, if in the professional judgment of the Architect, the information contained in the Addendum would be such that it would be unfair or unreasonable to prepare a bid proposal based on the revisions in the Addendum, then the bid date will be postponed to allow distribution of the

Addendum and time to prepare a bid proposal.

ARTICLE 4

BIDDING PROCEDURES

4.1.3 Delete and replace with “Where so indicated by the bid form, all amounts shall be expressed in figures only.”

4.1.4 Delete and replace with “All changes made by the Bidder to the bid form or outside of the envelope shall be signed or initialed by the Bidder. Bids containing any conditions, omissions, erasures, alterations, or items not called for in the Bid, may be rejected by the Owner as being incomplete or nonresponsive.”

4.1.5 After the first sentence, add “If the Bidder does not desire to bid on an Alternate, enter "No Bid". If the Owner elects to accept an Alternate, all Bidders submitting a "No Bid" for the Alternate selected by the Owner will be ruled nonresponsive and their Bid will not be considered in the award of the Contract.”

4.2.2 In the first sentence delete “, if required,”

4.2.3 In the first sentence delete “If a surety bond is required”, and replace it with “A surety bond is required, and”.

4.2.4 In line 2, delete “, if required,”.

4.2.5 Each Bid must be accompanied by surety in the amount of 5% of the Bid, in the form of cash, certified check or

Bid Bond. Bid Bonds shall be in the form in the Bid Documents, or in such other form as may be acceptable to the Owner, duly executed by the Bidder as principal and with corporate surety from a company approved by the

Owner. Surety will be returned to Bidders promptly after the Owner and the successful Bidder have executed the

Contract, or, if no award has been made within 90 days after the date of Bid opening, upon demand of any Bidder whose Bid has not been accepted at any time thereafter.

4.3.2 In the last sentence, after “If the Bid is sent by mail” add “or other courier,”.

4.3.2.1 The Bidder shall place on the outside of the envelope containing its Bid the following notation: “Contractor

License Number and Class of License”.

4.3.6 In the solicitation or awarding of Contracts, the Owner shall not discriminate because of the race, religion, color, sex, age, disability or national origin of the Bidder. The Owner welcomes and encourages the participation of small businesses and businesses owned by women and minorities in procurement transactions made by the Owner.

4.3.7 Trade secrets or proprietary information submitted by a Bidder in connection with a procurement transaction, shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the Bidder must invoke the applicable protection, prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary. The Owner will not accept responses to the Invitation to Bid in cases where the Bidder declares the entire response to the Invitation to Bid to be proprietary information. The Bidder must designate, in the smallest increments possible, that part of the Bid which is deemed to be proprietary.

4.4 Delete all of paragraph 4.4, sub-paragraphs 4.4.1 through 4.4.3 inclusive, and replace them with the following:

4.4.1 Modification of Bids

.1 A Bid may be modified by the Bidder any time prior to the time and date set for the receipt of Bids. The

Bidder shall give the Purchasing Division written notice of its intentions at the time of the request to modify the Bid as given.

.2 Modified Bids may be resubmitted up to the date and time set for the receipt of Bids.

.3 Telegraph, telephone or facsimile modification of Bids shall not be accepted.

.4 Modifications notated on the outside of the bid envelope will not be considered.

4.4.2 Withdrawal of Bids

.1 Upon proper request and identification, Bids may be withdrawn at any time prior to the date and time set for the receipt of Bids.

.2 The Bidder shall not be allowed to withdraw its Bid within 90 consecutive calendar days after the Bid opening date and time except as provided for in the following paragraph.

.3 Bids may be withdrawn, if the reason for withdrawal is due to error, in accordance with Section 2.2-

4330(B)(1) of the Code of Virginia. Under these procedures, the mistake shall be proved only from the original work papers, documents and materials delivered as required. The work papers, documents and materials submitted by the Bidder shall, at the Bidder’s request, be considered trade secrets or proprietary information subject to the conditions of subsection F of Section 2.2-4342 of the Code of Virginia.

ARTICLE 5

OPENING OF BIDS

5.1 Delete this Section in its entirety and replace with “All Bids received on time in accordance with the requirements stated herein shall be opened and publicly read aloud immediately after the posted closing time. Any Bidder, upon request, shall be afforded the opportunity to inspect Bid records within a reasonable time after the opening of all Bids but prior to award, except in the event that the public body decides not to accept any of the Bids and to reopen the Contract. Otherwise, Bid records shall be open to public inspection only after award of the Contract.

Any inspection of procurement transaction records shall be subject to reasonable restriction to ensure the security and integrity of the records.”

5.3.1.1 In determining the lowest responsible Bidder, the Owner may consider, among other things, the Bidder’s past performance, conduct on other contracts, and other information provided by the Bidder, including in the Bidder’s

Qualification Package, if requested.

5.3.2 Delete this Section in its entirety and replace with “The Owner shall have the right to accept as many Alternates in order as the Owner in its discretion decides to award, and to determine the low Bidder on the basis of the sum of the Base Bid plus the Alternates the Owner decides to award.”

5.3.3 In case of a tie Bid, preference may be given to goods, services, and construction produced in the County of

Hanover or State of Virginia or provided by persons, firms or corporations having principal places of business in

County of Hanover or State of Virginia, if such a choice is available; otherwise the tie shall be decided by lot.

5.3.4 If a Contract is to be awarded, the Owner will give the Bidder a Notice of Award within ninety (90) calendar days after the day of the Bid opening.

5.4 NEGOTIATION WITH LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

5.4.1 If award of a Contract to the lowest responsive and responsible Bidder is precluded because of limitations on available funds, the Owner reserves the right to negotiate the Bid amount with the lowest responsive, responsible

Bidder to obtain a Contract amount within the available funds. The negotiations may involve changes in either the features or scope of the Work. Such negotiations may include reducing the quantity, quality, or other cost saving mechanisms involving items in the Bid amount, including unit prices (if any) and/or allowances (if any) that affect the Bid amount, and/or Alternates (if any).

5.4.2 The Owner shall notify the lowest responsive and responsible Bidder that such a situation exists and the Owner and Bidder shall then conduct their negotiations in person, by mail, by telephone or by any means they find convenient.

5.4.3 If an acceptable Contract can be negotiated, the changes to the Bid amount and Bidding Documents agreed upon in the negotiations shall be summarized in a "Post Bid Addendum," and included in the Contract.

5.4.4 If the Owner and the lowest responsive and responsible Bidder cannot negotiate a Contract within available funds, the Owner shall terminate negotiations and reject all bids.

ARTICLE 6

POST BID INFORMATION

6.1.1 Within 72 hours after the County’s request, the apparent low Bidder shall submit a properly completed

Contractor’s Qualification Statement, AIA Document A305, to the County’s Architect for the Project.

6.1.1.1 QUALIFICATIONS: To be considered for award of a contract on this Project, Bidders shall:

a. Have been the Prime Contractor for a minimum of three (3) projects of similar scope and value within the last ten (10) years with one (1) project having been completed within the last five (5) years, and successfully completed those projects on time, within budget and in accordance with applicable codes, standards, rules and regulations;

b. Be a legally licensed Class A contractor in the State of Virginia with no revocation within the past (5) five years;

c. Have been in business under the present company name for a minimum of (5) five years and shall not have been declared in default on any construction contract within that time;

d. Have demonstrated organizational capability including capacity to undertake the Project, record keeping abilities, experience, qualifications and stability of staff involved in the Project;

e. Be bondable to 100% of the Contract sum for both performance and payment;

f. Have demonstrated experience successfully working with local governments on similar projects;

g. Have demonstrated successful project experience with proposed subcontractors, subject to subcontractor requirements of this Project;

h. Have demonstrated financial capacity to fulfill project requirements;

i. Have a project manager and site superintendent who have held similar positions for a project or projects of similar scope and value within the last five (5) years and that will be assigned to this Project in the same positions;

j. Have demonstrated abilities to manage a schedule and complete punch list in an expeditious manner;

k. Have had no defaults on work done under a government contract;

l. Have not been formally debarred or suspended from entering into contracts with any governmental agency or other notification or ineligibility for or prohibition against bidding or proposing on government contracts;

m. Not have been denied a contract based on any obligation to, or unsatisfied judgment or lien held by a governmental agency;

6.1.1.2 After bids are received, Bidder’s whose bids are under consideration will be asked to submit their qualifications package. Within ten (10) calendar days of the request, Bidders shall submit to the Owner a fully completed AIA

A305 Contractor’s Qualification Statement and shall attach evidence that clearly demonstrates that the Bidder meets each of the criteria listed in 6.1.1.1. The information provided as evidence shall be provided in same order and shall follow the same format listed in 6.1.1.1.

6.1.2 Qualifications of Bidder: The Owner may make such investigation as it deems necessary to determine the ability of any Bidder to perform the Work. Bidders shall furnish to the Owner all such information and data for this purpose as the Owner requests. The Owner reserves the right to reject any Bid if the evidence indicates that such

Bidder is not properly qualified to carry out the obligations of the Contract and to complete the Work.

6.1.3 Conditional Bids will not be accepted.

6.2 Delete this Section in its entirety.

6.3.1 Delete “as soon as practicable or as stipulated in the Bidding Documents” and replace with “within fifteen (15) days”.

6.3.3 At the end of the second sentence, add “, provided such adjustment in cost is justifiable and reasonable”.

6.4 ESCROW ACCOUNT FOR RETAINED FUNDS

6.4.1 At the time the Bid is submitted, provided the Bid price exceeds $200,000.00 (including additive alternates, if any), and subject to the provisions of Section 2.2-4334 of the Virginia Public Procurement Act, the Bidder shall have the option to request use of an escrow account procedure for utilization of funds retained by the Owner, and may request use of this option by so indicating in the space provided on the Bid Form. In the event the Owner’s award to the Contractor exceeds $200,000.00, and the Contractor has indicated on the Bid Form its intention to use the escrow procedure, the Contractor may use the escrow account procedure. The "Escrow Agreement" form included in this Bid proposal shall be executed by the Contractor and submitted to the Purchasing Division

Director within 15 calendar days of notification by the Owner that its Bid has been accepted. If the "Escrow

Agreement" is not submitted as herein provided, the Contractor shall forfeit such rights to the use of the escrow account procedure.

6.4.2 In order to have retained funds paid to an escrow agent, the Contractor, the escrow agent and the surety shall execute an Escrow Agreement form and submit same to the Owner for approval. The Contractor’s escrow agent shall be a trust company, bank or savings and loan institution with its principal office located in the

Commonwealth of Virginia. The Escrow Agreement form shall contain the complete address of the escrow agent and surety, and an executed escrow agreement will be authority for the County Administrator, or his designee, to make payment of retained funds to the escrow agent. After approving the Escrow Agreement, the Owner will pay to the escrow agent the funds retained as provided herein except that funds retained for lack of progress or other deficiencies on the part of the Contractor will not be paid to the escrow agent.

6.4.3 The escrow agent may, in accordance with stipulations contained in the escrow agreement, invest the funds paid into the escrow account and pay earnings on such investments to the Contractor or release the funds to the

Contractor provided such funds are fully secured by approved securities.

6.4.4 Retained funds invested and securities held as collateral for retainage may be released only as and when directed by the County Administrator, or his designee. When the final estimate is released for voucher, the Owner will direct the escrow agent to settle the escrow account by paying the Contractor or the Owner monies due them as determined by the County Administrator, or his designee. The Owner reserves the right to recall retained funds and to release same to the surety upon receipt of written requests from the Contractor or in the event of default.

ARTICLE 7

PERFORMANCE BOND AND PAYMENT BOND

7.1.1 In the first sentence delete “If stipulated in the Bidding Documents”.

7.2.1 Delete this Section in its entirety and replace with "The successful Bidder shall deliver the required bonds along with the required Certificate of Insurance to the Owner within fifteen (15) days after the Notice of Award of the

Contract."

7.2.2 Delete “unless otherwise provided,”. Add to the end of the first sentence “, as modified by the Owner. Each bond shall be written for the full amount of the Contract.”

7.2.3 (1) Delete “or after”.

(2) After the word “Contract: add “(Agreement)”.

7.2.4 (1) Add “successful” before “Bidder”.

(2) Add “or insurance company” after “surety”.

7.3 Simultaneously with delivery of the executed Contract, the Contractor shall furnish surety bonds in the amount of 100% of the Contract Price, as security for faithful performance of the Contract and for the payment of all persons performing labor on the project or furnishing materials in connection with the Contract. A duly authorized surety company satisfactory to the Owner shall provide security for such bonds. Bonds provided shall be a

Performance Bond and Payment Bond, AIA Document A312. Bonds shall comply with the Code of Virginia, and each bond shall be in an amount equal to one hundred percent (100%) of the accepted bid as guaranty for the faithful performance of the contract and the payment of all persons who have and fulfill contracts which are directly with the successful Bidder. Sureties shall be companies licensed to do business in the Commonwealth of Virginia with a resident Virginia agent. Documents evidencing current authority of attorney-in-fact of surety must be attached to the bonds.

ARTICLE 8

ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTSOR

8.2 The Owner and the Contractor recognize that time is of the essence and that the Owner will suffer financial loss if the Work is not completed by the Substantial Completion date required by the Contract Documents. Both parties recognize the delays, expense and damages involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, the Owner and the Contractor agree, stipulate and fix as liquidated damages if delayed, but not as a penalty, the sum indicated on the Bid Form that the Contractor together with the Contractor’s surety shall pay the Owner for each calendar day or part thereof that expires after the date indicated for the Substantial Completion of the Work.

ARTICLE 9

BID DOCUMENTS

9.1 BID FORM

9.1.1 Bidders must use the Bid Form contained within these specifications. The Bid Form is a part of the Contract

Documents

9.1.2 Bidders must submit the original Bid Form with the Bidders authorized signature.