Addenda #1R - Bid # C00124 - J&DR Court Facility - 2024-03-24 Compiled.pdf

ADDENDUM NO. 01R

STAUNTON J&DR COURTS FACILITY

CITY OF STAUNTON, VIRGINIA

STAUNTON CITY BID REQUEST NO.: C00124

ARCHITECT’S PROJECT NO.: 630874

ARCHITECT/ENGINEER RICHMOND, VIRGINIA

TIMMONS GROUP

CIVIL CONSULTANT RICHMOND, VIRGINIA

SHEN MILSOM AND WILKE

AUDIO VISUAL CONSULTANT ARLINGTON, VIRGINIA

March 14, 2024

STAUNTON, VIRGINIA

March 14, 2024 ADDENDUM NO. 01R Page 1 of 3

GENERAL: 2

Planholders are requested to insert this Addendum in the front of their Project Manual. Inform all 3 concerned that the Bidding Documents are modified by this Addendum. 4

The following modifications and clarifications are hereby made a part of the Bidding Documents and 5 supersede or otherwise modify the provisions of the published Project Manual and Drawings, dated 6

March 1, 2024. 7

Refer to the Drawings, Specification Sections, or other Documents, if any, attached to this Addendum, 8 which are hereby made a part of this Addendum. 9

QUESTION RESPONSES: 10

1. Section 000101 Supplementary Instructions to Bidders, Article 2, appears to indicate this is a 11

Davis-Bacon Act project. However, the Section it references us to 000515, Page 8, Item 4, does 12 not appear to have a Page 8 or Item 4. Please advise of the intent and if Wage Rates are required, 13 please provide the project specific wage rates. (subcontractors have inquired about this and are 14 awaiting a response before deciding whether or not to bid.). 15

RESPONSE: Davis Bacon Wage scale is not longer a part of this project. 16

2. Is there a geotechnical report for this project you could share with us? 17

RESPONSE: Refer to Appendix B 18

3. On plan C4.0 at the public access parking lot there is an area shown with dots. What is the area 19 supposed to be? 20

RESPONSE: Refer to C5.0 for grading inset of that area. Existing asphalt to remain. Parking 21 and crosswalk to be restriped as shown. The dotted hatching represents the Proposed 22

Temporary Construction Easement; the striped hatching adjacent to the dotted hatching 23

(that extends past the striped crosswalk) represents the Proposed Permanent Public Access 24

Easement. 25

4. The note on the main parking area mentions mill and overlay but it is not indicated that way per 26 the legend. Is this area to be milled and overlayed or is that only required if there is damage? 27

RESPONSE: Only required if there is damage. 28

5. Bid Date – the current bid due date of March 29, 2024 is Good Friday and this may result in less 29 subcontractor coverage/bids as many employees may be out of the office that day/afternoon. Do 30 you anticipate the bid date changing? 31

RESPONSE: The bid date remains unchanged. 32

6. Award – do you have an anticipated date for Notice to Proceed? 33

RESPONSE: Notice to Proceed shall be issued upon award of contract. 34

7. Site Visit – will there be a site visit and interior building walk thru of the building to be demolished, 35 immediately following the prebid Friday, 3/15? 36

RESPONSE: Yes 37

8. Existing Building – please provide existing building as built drawings and/or a thorough description 38 of the existing structure so the demolition contractors are aware of the makeup of the building to 39 be demolished. 40

RESPONSE: Site visit to follow prebid meeting. Additional site visits can be scheduled with 41

Owner's Representative John Keene. 42

MODIFICATIONS TO THE PROJECT MANUAL AND DRAWINGS: 44

DELETE the previously issued Documents indicated below in their entirety and SUBSTITUTE the 45 revised Documents in their entirety, noted as Addendum 01R, dated March 14, 2024. 46

March 14, 2024 ADDENDUM NO. 01R Page 2 of 3

SECTION 000110 – TABLE OF CONTENTS 47

SECTION 000101 – SUPPLEMENTAL INSTRUCTIONS TO BIDDERS 48

SECTION 000201 – PREBID QUESTION FORM 49

SECTION 000301 – GENERAL CONSTRUCTION BID FORM 50

SECTION 012300 – ALTERNATES 51

SECTION 028000 – HAZARDOUS MATERIALS REMEDIATION 52

SECTION 064100 – ARCHITECTURAL WOODWORK AND CASEWORK 53

SECTION 285000 – SECURITY CONTROL SYSTEM 54

SECTION 285300 – ACCESS CONTROL SYSTEM 55

APPENDIX A – HAZARDOUS MATERIALS COVER 56

APPENDIX B – GEOTECHNICAL ENGINEERING REPORT 57

DRAWING G0.1 - COVER 58

DRAWING C0.0 - COVER 59

DRAWING C2.0 – EXISTING CONDITIONS AND DEMOLITION 60

DRAWING C7.0 – BUILDING DEMOLITION NOTES AND DETAILS 61

DRAWING C8.0 – BULDING DEMOLITION INSET 62

DRAWING C9.0 – BUILDING POST-DEMOLITION INSET 63

DRAWING A2.0.0 – ADD ALTRNAT NO 1 – PARTIAL BUILDING DEMOLITION PLAN 64

AND DETAILS 65

DRAWING A2.2.1 – SECOND FLOOR DIMENSION PLAN 66

DRAWING A3.0.3 – WOOD TRIM DETAILS 67

DRAWING A7.2.1 – ENLARGED FIRST FLOOR COURTROOM AND ELEVATIONS 68

DRAWING A7.2.2 – ENLARGED SECOND FLOOR COURTROOM AND ELEVATIONS 69

DRAWING A8.1.1 – CASEWORK AND INTERIOR ELEVATIONS 70

DRAWING A8.2.1 – SECURITY DESK SECTIONS AND DETAILS 71

DRAWING A8.2.2 – COURTROOM BENCH PLAN, SECTION & DETAILS 72

DRAWING A9.2 – SECOND FLOOR REFLECTED CEILING PLAN 73

DRAWING SE4.0 – SECURITY ELECTRONICS ONE LINE DIAGRAMS 74

DRAWING S0.0.1 – GENERAL NOTES AND LEGENDS 75

DRAWING S1.1.1 – FOUNDATION PLAN 76

DRAWING S2.2.1 – ROOF FRAMING PLAN 77

DRAWING S3.0.1 – TYPICAL FOUNDATION DETAILS 78

DRAWING S3.1.1 – FOUNDATION SECTIONS 79

DRAWING S4.0.3 – TYPICAL FRAMING DETAILS 80

DRAWING E3.1 – ENLARGED PLANS 81

DRAWING E5.1 – POWER ONE-LINE DIAGRAM 82

March 14, 2024 ADDENDUM NO. 01R Page 3 of 3

REFER TO DRAWINGS ATTACHED TO THE END OF THIS ADDENDUM 84

END OF ADDENDUM NO 01R 86

Architect’s Project No: 630874

TABLE OF CONTENTS (*AD-01R) TOC - 1

TABLE OF CONTENTS (*AD-01R)

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

Invitation to Bid

Instructions to Bidders (AIA Document A701)

000101 Supplemental Instructions to Bidders (*AD-01R)

Prebid Question Form (*AD-01R)

Bid Form (*AD-01R)

Bid Bond

000515 City of Staunton / VPPA Project Requirements

000516 Employment Verif ication Act

Standard Form of Agreement Between Owner and Contractor (AIA Document A101)

Performance Bond

Payment Bond

General Conditions of the Contract for Construction (AIA Document A201)

000750 Supplementary General Conditions

SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

010200 General Sitework Requirements

011000 Summary

012000 Price and Payment Procedures

012100 Allowances

012200 Unit Prices

012300 Alternates (*AD-01R)

012500 Substitution Procedures

Substitution Request Form (Af ter Receipt of Bids)

013000 Administrative Requirements

013216 Construction Progress Schedule

014000 Quality Requirements

014200 Def initions and Reference Standards

014520 Testing, Adjusting, and Balancing for HVAC

015000 Temporary Facilities and Controls

016000 Product Requirements

017000 Execution and Closeout Requirements

017419 Construction Waste Management and Disposal

017800 Closeout Submittals

017900 Demonstration and Training

018119 Indoor Air Quality Requirements

018317 Exterior Building Enclosure Air Barrier Requirements

DIVISION 2 – EXISTING CONDITIONS

024100 Demolition

024113 Selective Site Demolition

028000 Hazardous Materials Remediation (*AD-01R)

DIVISION 3 – CONCRETE

033000 Cast-In-Place Concrete

TABLE OF CONTENTS (*AD-01R) TOC - 2

034500 Precast Architectural Concrete

DIVISION 4 – MASONRY

042000 Unit Masonry

DIVISION 5 – METALS

051200 Structural Steel Framing

052100 Steel Joist Framing

053100 Steel Decking

054000 Cold-Formed Steel Framing – Structural (CFSF-S)

054003 Continuous Insulation (CI) Framing System, Clipped

055000 Metal Fabrications

055100 Metal Stairs

055133 Metal Ladders

055213 Pipe and Tube Railings

057000 Decorative Metal Railing

DIVISION 6 – WOOD PLASTICS AND COMPOSITES

061000 Rough Carpentry

064100 Architectural Woodwork and Casework (*AD-01R)

064400 Custom Courts Woodwork and Casework

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

071300 Sheet Waterproof ing

072100 Thermal Insulation

072736 Sprayed Foam (SPF) Air Barrier

074213.23 Metal Composite Material Wall Panels

075423 TPO Membrane Roof ing

076200 Sheet Metal Flashing and Trim

077100 Roof Specialties

077200 Roof Accessories

078400 Firestopping

078426 Thermal Barriers for Plastics

079200 Joint Sealants

DIVISION 8 – OPENINGS

081113 Steel Doors and Frames

081416 Flush Wood Doors

081433 Stile and Rail Wood Doors

083100 Access Doors and Panels

083323 Overhead Coiling Doors

084313 Aluminum-Framed Storefronts

084413 Glazed Aluminum Curtain Walls

085619 Pass Windows

085653 Security Windows

087100 Door Hardware

087113 Power Door Operators

088000 Glazing

088813 Fire-Rated Glazing

TABLE OF CONTENTS (*AD-01R) TOC - 3

089100 Louvers

DIVISION 9 – FINISHES

092216 Cold Formed Steel Framing - Non-Structural (CFSF-NS)

092900 Gypsum Board

093000 Tiling

095100 Acoustical Ceilings

095753 Security Ceiling Assemblies

096513 Resilient Base and Accessories

096519 Resilient Tile Flooring

096623 Resinous Matrix Terrazzo Flooring

096813 Tile Carpeting

097200 Wall Coverings

098414 Acoustic Stretched-Fabric Wall and Ceiling Systems

099100 Painting

DIVISION 10 – SPECIALTIES

101400 Signage

102113.17 Phenolic Toilet Compartments

102600 Wall and Door Protection

102800 Toilet and Bath Accessories

104400 Fire Protection Specialties

107300 Protective Covers

107500 Flagpoles

DIVISION 11 – EQUIPMENT

111400 Pedestrian Control Equipment

111900 Detention Equipment

111910 Custom / Security Hollow Metal Work

111950 Security Glass and Glazing

111960 Security Hardware

DIVISION 12 – FURNISHINGS

122400 Window Shades

126723 Courtroom Bench Seating

DIVISION 13 – SPECIAL CONSTRUCTION (not used)

DIVISION 14 – CONVEYING SYSTEMS

142400 Hydraulic Elevators

DIVISION 21 – FIRE SUPPRESSION

210500 Common Work Results for Fire-Suppression

211000 Water-Based Fire-Suppression Systems

DIVISION 22 – PLUMBING

220500 Common Work Results for Plumbing Piping

220513 Motors for Plumbing Equipment

220516 Expansion Fittings and Loops for Plumbing Piping

220517 Sleeves and Sleeve Seals for Plumbing Piping

TABLE OF CONTENTS (*AD-01R) TOC - 4

220519 Meters and Gages for Plumbing Piping

220523 General-Duty Valves for Plumbing Piping

220529 Hangers and Supports for Plumbing Piping and Equipment

220553 Identif ication for Plumbing Piping and Equipment

220700 Plumbing Insulation

221113 Facility Natural Gas Piping

221116 Domestic Water Piping

221119 Domestic Water Piping Specialties

221125 Circulating Pumps

221316 Sanitary Waste and Vent Piping

221319 Sanitary Waste Piping Specialties

221413 Facility Storm Drainage Piping

221423 Storm Drainage Piping Specialties

221429 Sump Pumps

223400 Fuel-Fired Domestic Water Heaters

224000 Plumbing Fixtures

224500 Emergency Plumbing Fixtures

224600 Security Plumbing Fixtures

DIVISION 23 – MECHANICAL

230500 Common Work Results for HVAC

230513 Motors for HVAC Equipment

230514 Variable Speed Drives

230516 Expansion Fittings and Loops for HVAC Piping

230517 Sleeves and Sleeve Seals for HVAC Piping

230519 Meters and Gages for HVAC Piping

230523 General-Duty Valves for HVAC Piping

230529 Hangers and Supports for HVAC Piping and Equipment

230548 Vibration Control for HVAC

230553 Identif ication for HVAC Piping and Equipment

230700 HVAC Insulation

230900 Building Automation System

230993 Sequence of Operations for HVAC Controls

232113 Hydronic Piping

232123 Hydronic Pumps

232300 Refrigerant Piping

233113 Metal Ducts

233300 Air Duct Accessories

233423 HVAC Power Ventilators

233600 Air Terminal Units

233713 Dif fusers, Registers, and Grilles

234100 Particulate Air Filtration

235100 Breechings, Chimneys, and Stacks

235216 Condensing Boilers

237413 Packaged Outdoor Central Station Air Handling Units

238126 Ductless Mini-Split Air Conditioning Units

238239 Unit Heaters

TABLE OF CONTENTS (*AD-01R) TOC - 5

DIVISION 25 – INTEGRATED AUTOMATION (not used)

DIVISION 26 – ELECTRICAL

260519 Low-Voltage Electrical Power Conductors and Cables

260526 Grounding and Bonding for Electrical Systems

260529 Hangers and Supports for Electrical Systems

260533 Raceways and Boxes for Electrical Systems

260543 Underground Ducts and Raceways for Electrical Systems

260544 Sleeves and Sleeve Seals for Electrical Raceways and Cabling

260553 Identif ication for Electrical Systems

260572 Overcurrent Protective Device Short-Circuit Study

260573 Overcurrent Protective Device Coordination Study

260574 Overcurrent Protective Device Arc-Flash Study

260923 Lighting Control Devices

260943 Relay-Based Lighting Controls

262200 Low-Voltage Transformers

262413 Switchboards

262416 Panelboards

262714 Utility Service Entrance (DVP)

262726 Wiring Devices

262813 Fuses

262816 Enclosed Switches and Circuit Breakers

262913 Enclosed Controllers

263213 Engine Generators

263600 Transfer Switches

264113 Lightning Protection for Structures

264313 Surge Protection for Low-Voltage Electrical Power Circuits

265119 LED Interior Lighting

265613 Lighting pole and standards

265619 LED Exterior Lighting

DIVISION 27 – COMMUNICATIONS

270500 Common Work Results for Communications

270528 Pathways for Communications Systems

271100 Communications Equipment Room Fittings

271300 Communications Backbone Cabling

271500 Communications Horizontal Cabling

275227 Elevator 2-way Intercom System

276410 RF BDA-Based Signal Booster System

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

280500 Common Work Results for Electronic Safety and Security

283111 Digital, Addressable Fire-Alarm System

285000 Security Control System (*AD-01R)

285010 PLC, Network, and UPS Systems

285020 Video Graphical User Interface

285030 Cabinets and Enclosures

285100 Audio Communication Systems

TABLE OF CONTENTS (*AD-01R) TOC - 6

285200 Video Surveillance

285220 Interview Room Recording System

285260 Video Management System

285300 Access Control System (*AD-01R)

285400 Duress – Misc. Systems

285500 Auxiliary Control Systems

285900 Security Management Server

DIVISION 31 – EARTHWORK

312000 Earth Moving

DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 Asphalt Paving

321313 Site Concrete

321700 Pavement Markings, Signs, and Specialties

323114 Security Chain-Link Fences and Gates

329200 Lawns & Grasses

329300 Exterior Plants

DIVISION 33 – UTILITIES

331000 Exterior Water System

333000 Sanitary Sewerage

334100 Storm Utility Drainage Piping

334200 Foundation Drainage Systems

DIVISION 34 – TRANSPORTATION (not used)

APPENDIX A: Asbestos and Lead Paint Survey Report (*AD-01R)

END OF TABLE OF CONTENTS

SECTION 000101 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS (*AD-01R)

Section 000101, Supplementary Instructions to Bidders, contains modifications to the basic document, AIA Document A701, Instructions to Bidders, 2018 Edition, in the form of additions, deletions and substitutions. Where any part of the basic document is so modified by these Supplementary Instructions, the unaltered provisions shall remain in effect. These Supplementary Instructions constitute part of the Bidding Requirements.

AIA Document A701, as modified herein, constitutes an invitation to bid on the Project pursuant to the provisions of Section 2.2-4302.1 of the Code of Virginia, and the other provisions of the Virginia Public Procurement Act (Virginia Code 2.2-4300 et seq.) (the “VPPA”). This solicitation is subject to all applicable terms of the VPPA. By submitting a bid in response to this solicitation, Bidders agree to all the provisions of these Bidding Documents.

The Owner does not discriminate against faith-based organizations in accordance with the Code of Virginia, section 2.2-4343.1 or against an Offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender, gender identity, political affiliation, veteran status, marital status, pregnancy, childbirth or related medical conditions, or any other basis prohibited by state law relating to discrimination in employment.

ARTICLE 1 - DEFINITIONS

DELETE the last sentence of Paragraph 1.1 and SUBSTITUTE the following:

[Substitute]: The Proposed Contract Documents are the documents described as “Contract Documents” in Subparagraph 1.1.1 of Section 000750.

DELETE Paragraph 1.2 in its entirety and, in lieu thereof, SUBSTITUTE the following new Paragraph:

1.2 Except as provided for herein, all definitions set forth in the Conditions of the Contract

(General, Supplementary and other conditions) or in other Contract documents are applicable to the bidding documents.

ADD the following new Subparagraph as follows:

1.2.1 The following words are intended to mean:

• Furnish (Materials): To supply and deliver to the project ready for installation and in operable condition.

• Install (Services or Labor): To place in final position, complete, anchored, connected and in operable condition.

• Provide: To furnish and install complete. When neither furnish, install nor provide is stated, provide is implied.

ADD the following to the end of Paragraph 1.4

[Add:] “and applicable law.”

ADD the following to the end of Paragraph 1.8

[Add:] “and applicable law.”

ARTICLE 2 – BIDDER’S REPRESENTATIONS

ADD new Paragraph 2.2 as follows:

2.2 The Bidder is required to examine carefully in detail the character of the site of the Project, the Contract Documents and all other matters pertinent to the work contemplated. By submitting a bid, the Bidder expressly represents that it has satisfied itself as to the conditions to be encountered, including conditions that are overhead, on the surface and concealed, the character, quality and quantities of work to be done and materials to be furnished, and the requirements of the Contract and Specifications. No allowance or concession will be made for the lack of such information. Where underground and overhead structure locations are shown, they are for the information of the Architect only; their correctness is not guaranteed or warranted by the Owner or the Architect, and in no event is this information to be considered a part of the Contract Documents, or to be relied upon in preparing the Bid. If this information is used by the Bidder in preparing its Bid, the Bidder must assume all risks resulting from conditions differing from those shown in the information provided. Test Boring Information concerning subsurface materials or conditions which are based upon test pits or test borings has been obtained by the Owner for the Architect’s use in designing the Project.

This information is available to the Bidder for information only. References to this information may be found in the Table of Contents. The technical data found in the test boring information is represented to be accurate by the Owner, but the conclusions and inferences that may be found in or inferred from the information is not warranted, and the accuracy or completeness of any such conclusions and inferences is not guaranteed by the Owner or the Architect. By submitting a bid, the Bidder represents that it has not relied upon the subsurface information supplied by the Architect or Owner and assumes all responsibility in excavating for this project for any and all subsurface conditions encountered.

The Owner will, to the extent possible, afford the Bidder the opportunity at the Bidder’s own expense, to make additional borings or soundings, to drive test piles, to dig test pits on the site of the Work, and to make measurements and studies of all kinds.

There is no expressed or implied agreement that the existing conditions have been correctly indicated and bidders shall take into account that conditions affecting the cost or quantities of work to be done may differ from those indicated.

The Bidder shall carefully examine all Bidding Documents and materials pertinent thereto, with respect to all the categories of work for which the Owner has advertised and will receive bids, so that it is completely aware and satisfied as to the character, quality and quantities of all work, materials and for services required or to be provided by the Bidder to perform and complete all work of its Contract on the Project. Further, the Bidder shall have carefully examined the tentative construction schedule for the work and by submission of a bid, represents that the time set forth for such work is sufficient for the Bidder to complete its work.

The Bidder, by submission of its Bid, represents that it has visited the site, that it has read the Bidding Documents and understands their full character and intent, that it otherwise complied with the provisions of Article 3, and should the Owner subsequently accept its Bid, no claims, allowances or concessions will be made, accepted or recognized by the Owner at any future time for any additional labor, equipment or materials required, or for any difficulties encountered in the Work, or for the lack of any information which could have been foreseen, apparent or ascertained had the Bidder so complied with Article 3.

The Bidder shall ascertain all governmental and utility requirements with respect to wage scales, materials, labor, safety and sanitation and shall base its bid prices on full compliance therewith. Specifically, this Project is subject to the Davis-Bacon Act; see Section 000515, Page 8, Item 4. (*AD-01R)

The Bidder has familiarized itself with labor conditions which might affect or influence the performance of the Work.

ARTICLE 3 - BIDDING DOCUMENTS

Paragraph 3.1 - Copies:

Subparagraph 3.1.1

DELETE Subparagraph 3.1.1 in its entirety, and in lieu thereof, SUBSTITUTE the following new Subparagraph:

3.1.1 Bidders may obtain complete sets of Bidding Documents from City’s Website there is no associated fee.

DELETE Subparagraph 3.1.2 in its entirety.

ADD new Sub-subparagraph 3.1.5.1 as follows:

3.1.5.1 The Bidder agrees that all work product produced by the Architect or its consultants are “Instruments of Service” a defined in AIA Document A201™-2007, General Conditions of the Contract for Construction. “Instruments of Service” include, without limitation, representations, in any medium of expression, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional service agreements.

The Bidder agrees that for the purposes of the bid process, the Architect is the copyright owner of such Instruments of Service and retains all common law, statutory and other reserved rights, including copyrights. Distribution of Instruments of Service to potential bidders is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants.

The Architect grants to the Bidder a nonexclusive, revocable license to use the

Architect’s Instruments of Service solely and exclusively for purposes of developing the Bidder’s bid, including securing information or bids from the Bidder’s material or equipment suppliers, contractors, or subcontractors. The license granted under this section permits the Bidder or the Bidder’s contractors, subcontractors, sub-subcontractors, and suppliers to reproduce applicable portions of the Instruments of Service solely and exclusively for use in developing its bid for the Project. If the Bidder is for any reason not awarded the Contract for the Project, the license granted in this section shall immediately terminate.

The Bidder acknowledges that it shall not use the Instruments of Service for any purpose other than to prepare a bid. The Instruments of Service shall not be used as construction drawings or for any specification involved in the construction of the Project. The Bidder, for itself, and the Bidder’s contractors, subcontractors, sub-subcontractors, and suppliers, hereby releases and holds the Architect and Architect’s consultant(s) harmless from all claims and causes of action arising from any use of the Instruments of Service. The Bidder, to the extent permitted by law, further agrees to defend, indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Bidder’s use of the Instruments of Service under this section.

Except for the licenses granted in this section, no other license or right shall be deemed granted or implied under this Agreement. The Bidder shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use or reproduction of the Instruments of Service shall be at the Bidder’s sole risk and without liability to the Architect and the Architect’s consultants, and subject to Architect’s rights and remedies for infringement of Architect’s rights, including without limitation, copyrights

Paragraph 3.2 – Modification or Interpretation of Bidding Documents:

Subparagraph 3.2.2

ADD the following new sentences to the end of Subparagraph 3.2.2:

3.2.2 [Add:] “Provided, however, that the Owner may, in its discretion, waive the provisions of the preceding sentence and reply to such a request that is not timely received. All requests for clarification or interpretation shall be made by a Prime Bidder and shall be in writing. Any request made by any other entity will not be addressed. Any request for clarification or interpretation via means other than in writing will not be addressed.

Written requests will not be responded to, directly back to the Bidder. If the inquiry requires clarification to, or modification of the Contract Documents, they will be issued via Addendum. If clarification to, or modification of the Contract Documents is not required by the inquiry, the request will not be addressed. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the ITB documents by the Owner.”

DELETE Subparagraph 3.3.3. in its entirety.

DELETE Subparagraph 3.3.4 in its entirety.

DELETE Subparagraph 3.3.5 in its entirety.

Paragraph 3.4 - Addenda:

ADD new Sub-subparagraph 3.4.1.1 as follows:

3.4.1.1 Clarifications to the Bidding Documents will only be made in writing, by Addenda.

Oral statements may not be relied upon and will not be binding or have any legal effect.

DELETE Subparagraph 3.4.3 in its entirety and, in lieu thereof, SUBSTITUTE the following new

3.4.3 Addenda will be issued no later than two days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

DELETE Subparagraph 3.4.4 in its entirety and, in lieu thereof, SUBSTITUTE the following new

3.4.4 The Bidder shall ascertain prior to submitting a Bid that the Bidder has received all

Addenda issued, and the Bidder shall acknowledge, where indicated on the Bid Form, their receipt. Failure of the Bidder to receive any Addenda as provided for herein shall not release such bidder from the obligation of their Bid.

Paragraph 3.5 – The Contract

ADD a new paragraph 3.5 and associated subparagraphs as follows:

3.5 The Contract

3.5.1 A Bidder’s submission of a bid signifies a bidder’s willingness to enter into a binding legal contract with the terms contained in the Proposed Contract Documents that are part of the Bidding Documents, and at the price contained in the bid. Bidders may not vary the terms of the Proposed Contract Documents, which the Owner may alter only through Addendum, and may not take exception in their bids to the terms of the Proposed Contract Documents. Any exception to the Proposed Contract Documents may be cause for the Owner to deem a Bidder’s bid non-responsive.

3.5.2 As a precondition to its acceptance of the lowest responsible bid, the Owner may, in its sole discretion, request that the Bidder withdraw or modify non responsive portions of a bid/proposal, which do not affect quality, quantity, price or delivery schedule.

ARTICLE 4 - BIDDING PROCEDURES

Paragraph 4.1 - Preparation of Bids:

ADD the following new sentences to the end of Subparagraph 4.1.1:

4.1.1 [Add:] "Attention is directed to the Bid Form bound in the Project Manual. This form is for the information and convenience of the Bidder and is not to be detached from the Project Manual, or filled out or executed. A separate copy of the Bid Form is furnished with the Bidding Documents. Complete two (2) separate copies of the Bid Form and accompanying documents, execute and submit as specified in the Advertisement for Bid”.

ADD the following new sentence to the end of Subparagraph 4.1.5:

4.1.5 [Add:] “Failure to enter an amount or “No Change”, or a similar designation regarding the bid amount for a requested Alternate shall be construed to mean that no change in the Base Bid is required.”

INSERT the following sentence after the second sentence of Subparagraph 4.1.7:

4.1.7 [Insert:] "The signature of any person, appearing on the Bid Form, shall be in longhand and in ink."

Paragraph 4.2 - Bid Security:

DELETE Subparagraph 4.2.3 in its entirety and, in lieu thereof, SUBSTITUTE the following new

4.2.3 If a Surety Bond is used for the Bid Security, it shall be written on a form similar to the enclosed Bid Bond form only, and the Attorney-in-fact who executes the Bond on behalf of the Surety, shall affix to the Bond, a certified and current copy of its power of attorney.

DELETE Subparagraph 4.2.4 in its entirety, and in lieu thereof, SUBSTITUTE the following new

4.2.4 The Owner may declare the Bid Security forfeited to the Owner as liquidated damages if, following the designation, within the firm-bid period, of the Bidder as the apparently lowest responsible and responsive Bidder, such Bidder shall thereafter fail to (1) deliver to the Owner within the prescribed time the properly executed Performance Bond and Payment Bond if required by these Contract Documents or (2) if Notice of Intent to Award is given to such Bidder, deliver to the Owner, within the prescribed time, the properly executed counterparts of the construction Agreement and all evidences of insurance as required by these Contract Documents. The Bid Security of all Bidders will be returned (unless previously forfeited as aforesaid) upon (1) the execution of the construction Agreement by the Owner (provided in the case of the Bidder with whom said Agreement is entered into, all required evidences of insurance and Bonds have been previously delivered to the Owner) or (2) the rejection by the Owner of all bids or (3) the expiration of the firm-bid period, including any extensions by operation of law or by mutual consent of the Owner and the apparently lowest responsible Bidder.

Paragraph 4.3 - Submission of Bids:

ADD the following new sentence to the end of Subparagraph 4.3.2 as follows:

4.3.2 [Add:] “The Owner shall not be responsible for the opening of Bids not submitted in compliance with these Instructions to Bidders or Supplementary Instructions to Bidders.”

ADD new Subparagraph 4.3.8 as follows:

4.3.8 [Add:] The documents to be submitted on bid day are as follows:

1. Two (2) Original Bid Form

2. Two (2) Bid Security

3. Two (2) Non-Collusion Affidavit

4. Two (2) Non-Discrimination Affidavit

5. Two (2) Contractor’s Qualification Statement, AIA Document A305

ADD new Subparagraph 4.3.9 as follows:

4.3.9 [Add:] The Owner reserves the right to waive non-material defects or informalities in any and all bids to the full extent that Virginia law permits.

Paragraph 4.4 - Modification or Withdrawal of Bid:

DELETE Subparagraph 4.4.1 in its entirety and, in lieu thereof, SUBSTITUTE the following new

4.4.1 A Bidder may withdraw its Bid at any time up to the scheduled time for opening of Bids.

The withdrawal of a Bid prior to the deadline for bidding may occur only by appearing in person, by First-Class mail, or by fax. A Bid may not be modified after the deadline for submittal. After the deadline for submittal, no Bid may be withdrawn except as permitted by the Procurement Code of the Commonwealth of Virginia.

MODIFY the first sentence of Subparagraph 4.4.2 as follows:

4.4.2 [Modify:] “…… and these Bidding Documents.”

DELETE Subparagraph 4.4.3 in its entirety and, in lieu thereof, SUBSTITUTE the following new

4.4.3 Bids may not be withdrawn by the Bidder for a period not to exceed 60 calendar days following the actual date of opening thereof, except as provided under the Virginia Public Procurement Act. However, if award of Contracts is delayed by a required approval of another government agency, the sale of bonds or the award of a grant or grants, the Bids may not be withdrawn by the Bidder for a period not to exceed 60 days from the date of Bid opening in accordance with Virginia Law.

4.5 Confidentiality

ADD a new paragraph 4.5 as follows:

4.5 Confidentiality

4.5.1. Bidders should give specific attention to the identification of those portions of their response which they deem to be confidential, proprietary information or trade secrets, and provide any justification of why the Owner should not disclose such materials, upon request. The Owner is a public body subject to the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) and must disclose information, upon request, unless the law contains an exception permitting FCPS to withhold the information. The submissions of Bidders are also subject to the provisions of Virginia Code § 2.2-4342(F) and this section.

4.5.2 Bidders must clearly indicate each page that is deemed confidential, proprietary or a trade secret. Bidders may NOT preface their entire response with a proprietary statement; such statements will not be effective to prevent disclosure of any portion of the response. Bidders should submit physical materials in such a way that pages marked as confidential, proprietary, or trade secrets can be readily separated, physically, from portions of the submission that are not so marked.

4.5.3 If the Owner determines that a page that a Bidder has designated “confidential” or “trade secret” is not entitled to protection from public disclosure under FOIA and Virginia Code § 2.2- 4342(F), the Owner will provide notice of that determination to the contact person designated by the Bidder, in any reasonable manner that the Owner can provide such notice. If the Bidder does not initiate judicial proceedings to protect the confidentiality of the document within five (5) business days after the designated person received such notice, the Owner will not have any obligation to withhold the document from public disclosure.

4.5.4 By submitting to the Owner a page that a Bidder designates as “confidential” or “trade secret”, the Bidder agrees that in the event a third party brings any action against the Owner or any of its officials or employees to obtain disclosure of the document, the Bidder will indemnify and hold harmless the Owner and each organization’s affected officials and employees from all costs, including attorney’s fees, incurred by or assessed against any defendant, of defending against such action. The Bidder also agrees that at the Owner’s request the Bidder will intervene in any such action and assume all responsibility for defending against it, and that the Bidder’s failure to do so will relieve the Owner of all further obligations to protect the confidentiality of the document. All materials and information submitted during the ITB process will become the property of the Owner and will not be returned to the Proposer, except for the financial information, which shall be returned upon request after the Owner has determined to discontinue the procurement, or after the award of the contract.

4.6 – Owner’s Officers/Employees Not to Benefit.

ADD a new paragraph 4.6 as follows:

4.6 OWNER’S OFFICERS/EMPLOYEES NOT TO BENEFIT.

4.6.1 Each Bidder’s submission of a bid constitutes such Bidder’s certification that that to the best of their knowledge no official or employee of Owner having official responsibility for the procurement transaction or member of his or her immediate family has received or will receive any financial benefit of more than nominal or minimal value relating to an award under this solicitation. If such a benefit has been received or will be received this fact shall be disclosed with the bid or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment or recession of the contract made or could affect payment pursuant to the terms of the contract.

4.6.2 By submitting their bid, Bidders certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

4.6.3 Whenever there is reason to believe that benefit of the sort described in the paragraphs above has been or will be received in connection with bid, proposal or contract and that a Bidder has failed to disclose such benefit or has inadequately disclosed it, the Owner, as a prerequisite to payment pursuant to the agreement, or at any time may require the Bidder to furnish, under oath, answers to any interrogatories related to such possible benefit.

4.6.4 In the event a Bidder has knowledge of benefits as outlined above, this information should be submitted with the bid. If the above does not apply at time of award of contract and becomes known after inception of a contract the Bidder/Offeror shall address the disclosure of such facts to Owner’s Budget Director.

ARTICLE 5 -CONSIDERATION OF BIDS

Paragraph 5.1 - Opening of Bids:

DELETE the first part of the first sentence of Paragraph 5.1 up to and including “or when otherwise required by law,” and begin this sentence as follows:

5.1 “Bids properly identified and received ………………”

5.1.1 Post Bid Assessment: To the full extent permitted under Section 2.2-4318 of the Code of Virginia, if the amount of the lowest responsible and responsive bid exceeds available funds, the Owner reserves the right to consider changes in the Work after Bid opening and prior to award of Contracts intended to reduce the cost of the Project. The Owner may at its election, begin discussions with the lowest responsible Bidder, based on low Base Bid and any Alternates determined to be acceptable to the Owner. After Bid opening and upon the Owner’s identification of the apparent low bidder and the Owner’s request, the apparent low bidder agrees to provide cost breakdowns in accordance with estimates used in the preparation of its Bid to the Owner and Architect, using cost breakdown forms that will be provided by the Architect. The confidentiality of such cost-breakdown and bid materials, when received, will be maintained by the Owner, the Architect and their representatives to the extent permitted by law. Such requests will be made only where, in the sole judgment of the Owner, the Owner’s ability to fully fund the Project is detrimentally affected by the total amount of the lowest responsible and responsive Bids and accepted Alternates received from all Bidders. Matters to which such requests could be directed may include site work, landscaping, predetermined means and methods of construction, substitutions, deletions, changes in scope, and changes in schedule.

Following receipt of the information requested, the Owner may propose deletions of Work and may at its option prepare draft deduct Change Orders. The Owner’s award of the Contract to the Bidder can be made conditional upon the Bidder’s consent and agreement to the execution of the proposed deduct Change Orders, following award and at a time contemporaneous with the execution of the Owner-Contractor Agreement. If through this process the Owner cannot achieve the cost reductions necessary to meet its budget parameters, the Owner reserves the right to reject all Bids associated with the Contract and re-bid the Project.

5.1.2 Each firm may submit only one bid. In the event a firm submits more than one bid, all bids that such firm submits will be disqualified.

Paragraph 5.2 - Rejection of Bids:

ADD new Subparagraph 5.2.1 as follows:

5.2.1 The Owner reserves the right to reject any or all Proposals, or parts thereof, or items therein. The Owner reserves the right to disqualify Bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder, or by other means permissible under applicable law.

Paragraph 5.3 - Acceptance of Bid Award:

AMPLIFY Subparagraph 5.3.1 as follows:

5.3.1 [Amplify:] The Owner, before making an award, may require any Bidder, upon at least three (3) days request to present satisfactory evidence, in the form specified by the Owner, of their experience, qualifications, financial ability, and other matters reasonably related to their ability to satisfactorily perform and complete the Work covered by their Bid.

The Owner reserves the right to consider such matters, facts and circumstances presented by the Bidder, as shall be permitted by Virginia law, in making a determination whether the Bidder is a responsible Bidder. The Owner reserves the right to request such other information or data as they may deem necessary to evaluate the qualifications of the Bidder to satisfactorily perform the functions of the Contractor.

The Bidder must submit a Contractor’s Qualification Statement (AIA Document A305) in order to assist the Owner in determining whether a Bidder is responsible. The Owner would be pleased, as part of such evaluation, to review and consider any similar projects completed within the past 7 years of a minimum Contract value equal to or greater than the Bid amount of this Project. Also, provide names and numbers for the locality officials or the Construction Manager, if applicable, and the Architect for all similar projects completed within the past 7 years.

The Contractor’s Qualification Statement may be supplemented by listing any principal, officer, or shareholder in your company who has either owned, operated or who was affiliated with any other business in a management capacity, under a different name.

List the name of the business and provide a Contractor’s Qualification Statement for such business.

ADD new Subparagraphs as follows:

5.3.5 After review of the Bids, during the Bid period stipulated in Article 4.4.1, at its sole discretion, the Owner may issue a Notice of Intent to Award. Upon receipt of Notice of Intent to Award, the Contractor shall, within five (5) calendar days, deliver to the Owner (by delivery to the Architect) the following:

1. Performance and Payment Bonds as set forth in the Contract Documents and Article

7 of the Instructions to Bidders.

2. Insurance Certificate, policies or other evidence of insurance set forth in the Contract Documents.

3. Post Bid Information required in Article 6 of the Instructions to Bidders.

Failure of the Bidder to whom Notice of Intent to Award has been given to deliver the above items required by the Contract Documents, within five (5) days, shall constitute grounds for the Owner to declare the Bidder's Bid Security forfeited.

Upon receipt of the documents listed above, the Owner may at its sole discretion, award the Contract. A written Notice to Proceed will be issued to establish the start of the Contract duration.

5.3.6 Upon receipt of the partially executed Agreement from the Contractor, the Owner shall execute and return to the Contractor, one (1) copy of the executed Agreement and shall issue the Notice to Proceed for the Work.

5.3.7 When a Unit Price is rejected by the Owner, any additional work that would have been subject to that unit price shall be subject to Article 7 of the General Conditions of the Contract for Construction and the Supplementary General Conditions.

ARTICLE 6 - POST BID INFORMATION

DELETE Paragraph 6.1 in its entirety. SUBSTITUTE the following paragraph:

[Substitute:] 6.1 As a matter of policy, the Owner does not endorse the products or services of a contractor. News releases concerning any resultant contract from this solicitation will not be made by a contractor without the prior written approval of the Owner. All proposed news releases will be routed to the Owner’s Budget Director for review and approval.

DELETE Paragraph 6.2 - Owner’s Financial Capability, in its entirety.

ARTICLE 7 - PERFORMANCE BOND AND PAYMENT BOND

Paragraph 7.1 - Bond Requirements:

DELETE Subparagraph 7.1.1 in its entirety and, in lieu thereof, SUBSTITUTE the following new

7.1.1 Prior to execution of the Contract, the successful Bidder shall furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in the forms included in the Project Manual and each in an amount equal to 100% of the Contract Amount. The Performance Bond shall remain in force and effect until the Contractor's Work has been finally accepted. The Bidder shall pay all premiums with respect to such bonds.

DELETE Subparagraph 7.1.2 in its entirety.

DELETE Subparagraph 7.1.3 in its entirety, and in lieu thereof, SUBSTITUTE the following new

7.1.3 Bonds shall be secured from a surety company as stipulated in Section 000750 Supplementary General Conditions.

Paragraph 7.2 - Time of Delivery and Form of Bonds:

DELETE Subparagraph 7.2.1 in its entirety and, in lieu thereof, SUBSTITUTE the following new

7.2.1 The Bidder shall deliver properly executed bonds to the Owner (by delivery to the

Architect) no later than five (5) days after written Notice of Intent to Award is issued.

DELETE Subparagraph 7.2.2 in its entirety and, in lieu thereof, SUBSTITUTE the following new

7.2.2 Bonds shall be written on the Performance Bond form and the Payment Bond form included in the Contract Documents for the amount required in the Contract Documents.

7.2.2.1 The Contract Bonds shall be written in the form included in the Project Manual and the Bonds shall be executed by or on behalf of the successful Bidder, as Principal, in the following manner:

7.2.2.2 If the successful Bidder is an individual, the Contract Bonds shall be executed by them personally, their signature shall be witnessed and any trade name employed in the conduct of their business shall be stated.

7.2.2.3 If the successful Bidder is a partnership, the Contract Bonds shall be executed in the name of the partnership by each of the Partners, and the signatures of the Partners shall be witnessed.

7.2.2.4 If the successful Bidder is a corporation, the Contract Bonds shall be executed in the name of the corporation: (1) by the President or a Vice President and attested by the Secretary or Assistant Secretary and the Corporate Seal shall be attached; (2) by a duly authorized agent of the corporation whose authority to act, as of the date of the Contract Bonds, shall be established by proof, satisfactory to the Owner, attached to the Contract Bonds.

7.2.2.5 If the successful Bidder is a limited liability company, the Contract Bonds shall be executed in the name of the limited liability company: (1) by a Manager, in the case of a Manager-managed limited liability company; or (2) in the case of a limited liability company that is not Manager-managed, by a duly authorized Member or other officer of the limited liability company, whose authority to act, as of the date of the Contract Bonds, shall be established by proof, satisfactory to the Owner, attached to the Contract Bonds.

7.2.2.6 Execute the Contract Bonds in behalf of the surety in such manner as to legally bind the surety. In the event the execution in behalf of the surety is by an agent or agents, a proper power of attorney, evidencing the authority of such agent or agents, shall be attached to the Contract Bonds. Such power of attorney shall bear the same date as the Contract Bonds to which it is attached.

7.2.2.7 Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located.

ARTICLE 8 - ENUMERATION OF THE PROPOSED CONTRACT DOCUMENTS

DELETE Subparagraph 8.1 in its entirety and, in lieu thereof, SUBSTITUTE the following new

8.1 The Agreement shall be written on the form included in these Contract Documents.

ARTICLE 9 CONSTRUCTION TIME

ADD new Article 9 as follows:

Paragraph 9.1 - Pre-Bid Conference:

9.1.1 Prospective Bidders and Sub-bidders are invited to attend a Pre-Bid Conference at the time and location stated in the Advertisement for Bids during which questions of general and technical nature and other matters regarding the Construction Documents may be raised by those in attendance and discussed with the Owner, the Architect and the Engineers.

Paragraph 9.2 - Pre-Construction Conference:

9.2.1 Soon after the award of the Contract but prior to the start of construction, the Contractor or their representative shall attend a Pre-Construction Conference with representatives of the The City of Staunton, VA and the Architect. The conference will serve to acquaint the participants with the general plan of Contract administration and requirements under which the construction operation is to proceed and will inform the Contractor, in detail, of the obligations imposed on them and their subcontractors by the Executive Orders concerning Equal Employment Opportunity.

9.2.2 The date, time and place of the conference will be furnished to the Contractor by the

Architect.

Paragraph 9.3 - Contract Time:

9.3.1 The Agreement will include a stipulation that the Work be substantially complete (as defined in the Contract) by the date indicated on the Bid Form, and that completion of ALL punch list work and Final Acceptance of the Work be achieved within (30) calendar days after Substantial Completion.

Paragraph 9.4 - Time of Completion:

9.4.1 The Bidder agrees that they will commence work within forty-eight (48) hours following receipt of Notice to Proceed from the Owner (which may be given by the Architect pursuant to authority granted by the Owner) and shall be substantially completed within the number of calendar days set forth herein.

9.4.2 By submitting a Bid, the Bidder certifies that they shall coordinate the schedule for the construction of the Project including, but not limited to, preparing and updating the Schedule.

9.4.3 By submitting a Contract Bid, the Bidder certifies that the Contract Time set forth herein is sufficient for the Bidder to complete its Work.

Paragraph 9.5 - Non-Interference with Owner’s Operations:

9.5.1 The…