Bid# A00224 - Gypsy Hill Park Stream Restoration.pdf

BID PROPOSAL AND CONTRACT DOCUMENTSE

GYPSY HILL PARK

STREAM RESTORATION

BID# A00224

Department of Public Works

JANUARY 10, 2024

Bid # A00224 – Gypsy Hill Park Stream Restoration February 9, 2024 2:00 P.M.

TOC Page 2 of 65

Table of Contents

ADVERTISEMENT FOR BIDS

BID DEADLINES

INFORMATION FOR BIDDERS

SCOPE OF WORK

BID FORMS

BID WORKSHEET

NON-COLLUSION AFFIDAVIT

REFERENCE LIST

CONTRACT

GENERAL CONDITIONS

1. INTENT

2. INSURANCE

3. AVAILABILITY OF LANDS

4. EXISTING UTILITIES

5. SCHEDULE

6. SHOP DRAWING, MATERIAL DATA SHEETS

7. CONTRACTOR’S RESPONSIBILITIES

8. SUBCONTRACTS

9. OWNER’S RESPONSIBILITY

10. CHANGES IN WORK

11. CHANGES IN CONTRACT PRICE

12. CHANGES IN CONTRACT TIMES

13. SEPARATE CONTRACTS

14. PAYMENT

15. CLAIM PROCESS

CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL

AWARDS

TOC Page 3 of 65

ESCROW ACCOUNT ELECTION FORM

ESCROW AGREEMENT

PROCUREMENT GUIDELINES

A. CHARGES AND PAYMENTS

B. TESTING AND INSPECTION

C. ASSIGNMENT OF CONTRACT

D. DEFAULT

E. TAXES

F. INDEMNIFICATION

G. LIABILITY AND LITIGATION

H. COPYRIGHTS

I. AWARDING THE CONTRACT

J. PUBLIC INSPECTION OF PROCUREMENT RECORDS

K. ETHICS IN PUBLIC CONTRACTING

L. FORUM SELECTION

M. PROMPT PAYMENT ACT

N. REJECTION OF BIDS

O. COSTS FOR BID PREPARATION

P. APPROPRIATIONS

Q. CONTRACTOR REGISTRATION

R. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

S. ANTITRUST

T. QUALIFICATIONS OF (BIDDERS/OFFERORS)

U. CANCELLATION OF THE CONTRACT

V. AVAILABILITY OF FUNDS

W. SELECTION PROCESS/AWARD

X. SAFETY and OSHA STANDARDS

Y. MODIFICATION & WITHDRAWAL OF BID

Z. CONTRACT TERM

AA. Compensation and Record Keeping

TOC Page 4 of 65

BB. PAYMENT

CC. BID BOND

DD. PERFORMANCE AND PAYMENT BONDS

EE. BID ADDENDA

FF. INSURANCE REQUIREMENTS

GG. CONTRACT TERMINATION

HH. DEBARMENT STATUS

II. CONTRACTOR UNDERSTANDING

JJ. DRUG-FREE WORKPLACE

KK. NONDISCRIMINATION OF CONTRACTORS:

LL. ANTI-DISCRIMINATION:

MM. PERMITS AND LICENSES

NN. NEGOTIATION WITH SUCCESSFUL BIDDER

OO. COOPERATIVE PROCUREMENT

PP. IMMIGRATION REFORM AND CONTROL ACT OF 1986

QQ. CERTIFICATION OF INTEREST & RELATIONSHIPS WITH CITY OF STAUNTON,

STAUNTON CITY COUNCIL, SCHOOL BOARD, AND STAUNTON PUBLIC SCHOOL

EMPLOYEES

TIMMONS GROUP SPECIFICATIONS & TECHNICAL DRAWINGS

ADVERTISEMENT FOR BIDS Page 5 of 65

ADVERTISEMENT FOR BIDS

PROJECT: GYPSY HILL PARK STREAM RESTORATION

City of Staunton, Virginia

DATE DUE: February 9, 2024 2:00 P.M.

BID # A00224

The City of Staunton, Virginia, (hereinafter called the “Owner”, or “Public Body”) will receive sealed

Bids for the furnishing of all labor, materials, supervision, and equipment necessary to complete above titled project at the City’s Purchasing Agent’s Office, located at 116 W. Beverley Street, City Hall, Third

Floor, until 2:00 pm local time on February 9, 2024, at which time the Bids will be publicly opened and read aloud.

A mandatory, virtual, pre-bid meeting will be held January 23, 2024 at 2:00 p.m. The link to the virtual meeting is:

Password: 831137

Phone one-tap: US: +16465588656,,96871772588# or +16469313860,,96871772588#

Meeting URL: https://timmons.zoom.us/j/96871772588?pwd=NWU1S2ZVVkRpWXRjdDJjblF2dmhtUT09

BIDS RECEIVED AFTER THE DATE AND TIME SPECIFIED WILL BE REJECTED.

BIDS MUST BE SEALED, MARKED, AND DELIVERED TO:

Mail to: Overnight To:

City of Staunton City of Staunton

Chad Horvat Chad Horvat

Finance Business Manager Finance Business Manager

P.O. Box 58 116 W. Beverley St., 3rd Floor

Staunton, VA 24402-0058 Staunton, VA 24401-0058

Phone: (540) 332-3819 Phone: (540) 332-3819

The work for which bids are to be submitted consists of restoring a stream within Gypsy Hill Park in

Staunton Virginia as detailed in the Scope of Work and in accordance with the Technical Specifications and Special Provisions and the Design Plans prepared by Timmons Group for the City of Staunton which begin on page 66 of this document.

Bidder must agree to fully complete the work within 200 working days. Working days refer to Monday through Fridays, excepting weekends and City of Staunton holidays.

If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies on or omissions from any part of the proposed Contract Documents, he shall submit a written request. Every request for such interpretation should be emailed to Pete Kesecker at KeseckerPK@ci.staunton.va.us. All questions must be received no later than January 26, 2024 by 1:00 P.M.

tel:+16465588656,,96871772588 tel:+16469313860,,96871772588 https://timmons.zoom.us/j/96871772588?pwd=NWU1S2ZVVkRpWXRjdDJjblF2dmhtUT09 mailto:yanceysc@ci.staunton.va.us

ADVERTISEMENT FOR BIDS Page 6 of 65

Questions will be answered in Addendum format and posted at the City of Staunton website https://www.ci.staunton.va.us/departments/finance/procurement and at the Virginia State Procurement site (eVA) https://mvendor.cgieva.com/Vendor/public/AllOpportunities. It is the responsibility of all bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their bid submission. Any and all such interpretations and any supplemental instructions will be posted on the City’s website not later than close of business on January 30, 2024 by 5:00 P.M.

Bid Security in the amount of five percent (5%) of the Bid shall be submitted with each Bid. Bid Bond must be in the form of a cashier’s check or certified check payable to the City of Staunton.

Contractor registration in accordance with Title 2.2 Chapter 43, Code of Virginia is required.

The envelopes containing the Bids must be sealed, addressed to the City of Staunton, City Purchasing

Agent’s Office, Staunton, Virginia 24401, and marked as Bid for the GYPSY HILL PARK STREAM

RESTORATION.

The bidder shall include in its Bid the following notation:

“Licensed Virginia Contractor No. _______” (issued to contractor by DPOR)

“State Corporation Commission Registration No. _______” (issued to contractor by the SCC)

The Bid shall remain subject to acceptance for sixty (60) days.

The Owner reserves the right to reject any and all Bids and to waive any minor non-substantive errors in the Bid.

Withdrawal of Bids due to error shall be subject to and in accordance with Section 2.2-4330 of the Code of Virginia and the Contract Documents.

The City of Staunton does not discriminate in the solicitation or awarding of contracts on the basis of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state or federal law.

BID DEADLINES

Invitation to Bid Posted January 10, 2024

Mandatory Virtual Pre-Bid Meeting January 23, 2024 at 2:00 p.m.

Link to Meeting:

Password: 831137

Phone one-tap: US: +16465588656,,96871772588# or +16469313860,,96871772588#

Meeting URL: https://timmons.zoom.us/j/96871772588?pwd=NWU1S2ZVVkRpWXRjdDJjblF2dmhtUT09

Questions Submission Deadline January 26, 2024 by 1:00 p.m.

Addenda and Questions & Answers Posted January 30, 2024 by 5:00 p.m.

Bid Submission Deadline February 9, 2024 by 2:00 p.m.

END OF ADVERTISEMENT FOR BIDS

https://www.ci.staunton.va.us/departments/finance/procurement https://mvendor.cgieva.com/Vendor/public/AllOpportunities tel:+16465588656,,96871772588 tel:+16469313860,,96871772588 https://timmons.zoom.us/j/96871772588?pwd=NWU1S2ZVVkRpWXRjdDJjblF2dmhtUT09

INFORMATION FOR BIDDERS Page 7 of 65

INFORMATION FOR BIDDERS

1. SECURING DOCUMENTS

1.1. The City of Staunton, Virginia, (hereinafter called the “OWNER”, or “Public Body”) invites bids on the form attached hereto, all blanks of which must be appropriately filled

in. Bids will be received by the Owner in the City Purchasing Agent’s office, as specified in the Advertisement for Bid.

1.2. Bid documents are available for viewing and downloading from at the City of Staunton website https://www.ci.staunton.va.us/departments/finance/procurement and at the Virginia

State Procurement site (eVA) https://mvendor.cgieva.com/Vendor/public/AllOpportunities.

1.3. The envelopes containing the bids must be sealed, addressed to the City of Staunton at

City of Staunton, Attn: Chad Horvat, 116 West Beverley, 3rd Floor Finance, Staunton, Virginia 24401 and designated as bid for: GYPSY HILL PARK STREAM

RESTORATION.

1.4. The owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scfheduled time for the opening of bids or authorized postponement thereof.

2. PREPARATION OF BID AND SUBMISSION

Each bid must be submitted on the prescribed form in accordance with the following:

2.1. Each bid must be properly signed and with all blank spaces filled out, in ink or typewritten.

The foregoing certification must be fully completed and executed when submitted. Do not make any modifications, erasures, deletions, additions or changes to the bid form.

Unauthorized conditions, limitations, or provisions attached to the bid may be cause for rejections of the bid. Submit only the original signed copy of the bid.

2.2. Address bids to the Owner, and deliver to the address specified in the Advertisement for

Bid on or before the day and hour set for opening the bids. Enclose each bid in an opaque, sealed envelope or box bearing on the outside the following:

2.2.1. Project Title

2.2.2. Name of the Bidder

2.2.3. Bidder’s address

2.2.4. Registered contractor’s Virginia Certification Number

2.2.5. Date and hour of the bid opening.

2.3. The sealed envelope containing the bid must be enclosed in another envelope and mailed to the address as specified in the Advertisement for Bids. The City of Staunton is not responsible for delays in the delivery of the mail by the U.S. Postal Service, private couriers, or the inter-office mail system. It is the sole responsibility of the bidder to see that their bid is received on time. No faxed or emailed bid will be considered. No bids received after the time fixed for receiving them will be considered. Late or incomplete https://mvendor.cgieva.com/Vendor/public/AllOpportunities

INFORMATION FOR BIDDERS Page 8 of 65 bids may be returned to the bidder. All expenses for making bids to the City shall be borne by the bidder.

2.4. Indicate receipt of issued addenda on the Bid Form. All Bidders are advised to check the

City of Staunton’s website https://www.ci.staunton.va.us/departments/finance/procurement or the eVA website https://mvendor.cgieva.com/Vendor/public/AllOpportunities to assure that all Addenda have been received and that the cost consequences thereof have been included in the Bid.

Addenda.

2.5. Any bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof.

2.6. Any bid received after the time and date specified shall not be considered.

2.7. Bid shall remain subject to acceptance for sixty (60) days.

2.8. The following documents fully completed and signed where appropriate are required for a responsive Bid:

2.8.1. Signed Bid Form which includes acknowledgement of Addenda

2.8.2. Bid Bond

2.8.3. State Corporation Commission Registration

2.8.4. Non-Collusion Affidavit

2.8.5. Reference List

3. SUBCONTRACTS

3.1. The bidder is specifically advised that any person, firm, or other party to whom is proposed to award a subcontract under this contract must be acceptable to the Owner. The bidder must name the subcontractor(s), and the City reserves the right to determine whether any named subcontractor is fit and capable to perform the required work.

4. METHOD OF BIDDING

4.1. This is a unit price bid for the GYPSY HILL PARK STREAM RESTORATION. (See

Bid Schedule.)

4.2. Although the bid is based upon unit prices, many items are to be priced under lump sum designations. It is the bidder’s responsibility to verify the exact scope of work for all items in order to establish the bid price.

5. QUALIFICATIONS OF BIDDER

5.1. The Owner may make such 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 indicates that the bidder is not properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

INFORMATION FOR BIDDERS Page 9 of 65

5.2. Contractor must demonstrate experience with at least four (4) stream restoration projects.

These projects must include a minimum of 1,000 linear feet of channel restored and the installation of the following stream restoration practices:

5.2.1. Toe Wood/Brush Toe

5.2.2. Reinforced Soil Lifts

5.2.3. Rock/Log Vanes

5.2.4. Rock/Log Sills

5.3. Contractor must provide a contact person for each referenced project that can verify the successful completion of the projects or documentation from the owner or regulatory agency staff attesting to the successful completion of the projects.

5.4. Bids will only be accepted from Contractors who are experienced in and actively engaged in the type of construction of the item(s) called for in the bid. No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said City or had failed to perform faithfully any previous contract with the

City.

5.5. Bidders must certify in the bid form that they are not currently barred from bidding on contracts by any agency of the Commonwealth of Virginia or any federal agency.

5.6. Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State

Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under

Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

6. BID SECURITY

6.1. Each bid must be accompanied by a Bid Bond in the amount of five percent (5%) of the bid submitted, or a certified check of the Bidder in an amount not less than five percent

(5%) of the amount of the bid, payable to the order of the City of Staunton, Virginia. Such bid bonds or checks will be returned to all, except the three bidders submitting the most favorable bids, within three (3) days after the formal opening of the bids. The remaining

Bid Bonds or checks will be returned to the three most favorable bidders within forty-eight (48) hours after the Owner and the accepted Bidder have executed the Contract, or if no contract has been so executed, within sixty (60) days after the date of the opening of the bids.

7. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

7.1. The successful bidder, upon failure or refusal to execute and deliver the contract and bonds required within 10 days after receiving notice of the acceptance of the bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with the bid.

INFORMATION FOR BIDDERS Page 10 of 65

8. TIME AND COMPLETION AND LIQUIDATED DAMAGES

8.1. Bidder must agree to commence work on or before a date to be specified on a written

“Notice to Proceed” from the OWNER.

8.2. Bidder must agree to fully complete the work AS INDICATED IN THE

ADVERTISEMENT FOR BID.

8.3. OWNER and CONTRACTOR stipulate that time is of the essence and delay by the

CONTRACTOR in completion would have significant adverse consequences for the

PROJECT; that, however, the actual damages to OWNER from such delay are uncertain and would be impossible and not susceptible to reasonable determination; and that liquidated damages of such failure by CONTRACTOR to perform in a timely manner are a reasonable way and not a penalty to address such adverse consequences.

CONTRACTOR also stipulates that it shall not challenge, either directly or indirectly, this liquidated damages provision. OWNER, therefore, may require CONTRACTOR to pay liquidated damages of $500.00 per day for the CONTRACTOR’s failure to perform timely in strict accordance with the CONTRACT. OWNER may deduct any liquidated damages from amounts due to CONTRACTOR and, otherwise OWNER shall be entitled to receive interest at the rate of 5% until deducted or paid. Liquidated damages shall be, other than for delay, in addition to any other entitlement by OWNER to damages and other remedies for any other damage, loss, or injury for which CONTRACTOR may be responsible.

9. EXAMINATION OF DOCUMENTS AND SITE OF WORK

9.1. Each bidder 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 a successful bidder of this obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible, the contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

9.2. Before submitting a bid, each bidder shall carefully examine and read the Bid Documents, Construction Plans, Project Manual, and all other proposed Contract Documents

(including all addenda), and shall visit the site of the work. Each bidder shall fully inform himself prior to bidding as to existing conditions and limitations under which the work is to be performed, and shall include in the bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed contract documents. No allowance will be made to a bidder because of lack of such examination and knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

9.3. Attention is particularly called to those parts of the Contract Documents and

Specifications, which deal with the following:

9.3.1. Inspection and testing of materials.

9.3.2. Insurance requirements (Section 2-Insurance of General Conditions)

9.4. The failure or omission of any bidder to examine any form instrument or document shall in no way relieve any bidder from any obligation in respect of the bid.

INFORMATION FOR BIDDERS Page 11 of 65

10. ADDENDA AND INTERPRETATIONS OF CONTRACT DOCUMENTS PRIOR TO

BIDDING

10.1. No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally.

10.2. If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies on or omissions from any part of the proposed Contract Documents, they shall submit a written request. Every request for such interpretation should be emailed to Pete Kesecker at KeseckerPK@ci.staunton.va.us or mailed to address in the Advertisement for Bid. All questions must be received no later than 1:00 p.m. on January 26, 2024.

10.3. Questions will be answered in Addendum format and posted as outlined in the invitation to bid, at the City of Staunton website https://www.ci.staunton.va.us/departments/finance/procurement and at the eVA website https://mvendor.cgieva.com/Vendor/public/AllOpportunities It is the responsibility of all bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their bid submission. Any and all such interpretations and any supplemental instructions will be posted on the City website not later than close of business day on January 30, 2024.

10.4. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under this bid as submitted. All addenda so issued shall become part of the contract documents.

11. SECURITY AND FAITHFUL PERFORMANCE

11.1. Simultaneously with the delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under the contract and furnishing materials in connection with this contract.

11.2. Both payment bond and performance bond shall be in the amount of 100% of the contract price and shall list the Owner, City of Staunton, as beneficiary.

11.3. All bonds shall be on forms provided in the Contract Documents and written by companies

LICENSED TO DO BUSINESS IN VIRGINIA and shall be administered through agent(s) registered in Virginia.

12. POWER OF ATTORNEY

12.1. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

13. LAWS AND REGULATIONS

13.1. The bidder’s attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the contract will be deemed to be included in the contract as though herein written out in full.

13.2. Contractor shall comply with Federal and State Requirements.

mailto:yanceysc@ci.staunton.va.us

INFORMATION FOR BIDDERS Page 12 of 65

14. METHOD OF AWARD – LOWEST QUALIFIED BIDDER

14.1. The contract will be awarded on the basis of the sum of the Base Bid and the accepted

Alternates.

14.2. The award will be made to the lowest responsible bidder whose bid conforms to the

Advertisement, these Instructions and whose qualifications indicate the award will be most advantageous to the City.

14.3. The City reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received.

14.4. The City will notify all bidders of the award and return Bid Sureties to all but the successful bidder.

14.5. Should the lowest bid for Base Bid exceed the City’s budget, the City may proceed with negotiations with the lowest bidder for the Base Bid in accordance with section 2.2-4318 of the Code of Virginia to obtain a contract price within the funds available to the City.

For the purpose of determining when such negotiations may take place, the term “available funds” shall mean those funds which were budgeted by the City for this contract (including all grant funding) prior to issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and Scope of

Work/Specifications to be performed. The City shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the City wishes to negotiate a lower contract price. The times, places, and manner of negotiations shall be agreed to by the City and the lowest responsive bidder.

15. EXECUTION OF CONTRACT

15.1. The form of the Contract, which the successful bidder will be required to execute, is included in the Bid Documentation.

15.2. After notice from the City, the successful bidder has fourteen (14) business days to enter into a Contract or forfeit as liquidated damages the security deposit. By executing the

Contract, the Contractor certifies that they have reviewed the Contract Documents and the project area and accepts the conditions of each.

15.3. At or prior to delivery of the signed Contract, the bidder to whom the Contract is awarded shall deliver to the Owner the following documents, as required by the

Owner and the Contract Documents:

15.3.1. Certificates of Insurance and Endorsement

15.3.2. Labor and Materials Payment Bonds

15.3.3. Performance Bond

15.3.4. City Business License

15.3.5. Virginia State Contractor’s License Number

15.4. Bonds and Certificates of Insurance shall be approved by the Owner before the successful bidder may proceed with the Work. Failure or refusal to provide Bonds or

Certificates of Insurance and Endorsement in a form satisfactory to the Owner shall

INFORMATION FOR BIDDERS Page 13 of 65 subject the successful bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

16. OBLIGATION OF BIDDER

16.1. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents

(including all addenda).

16.2. The failure or omission of any bidder to examine any form instrument or document shall in no way relieve any bidder from any obligation in respect of the bid.

16.3. Under Section 2.2-4330, Procedure (A(i)) of the Code of Virginia, a bidder for a contract with the State or any department, institution or agency thereof, or with any county, city, town, school board, or any agency thereof for the construction, demolition, alteration, repair or improvement may withdraw the bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, evidenced by the inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The bidder must give notice in writing of their claim of right to withdraw their bid within two (2) business days after the conclusion of the bid opening procedure.

16.4. SCC Requirement: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to

Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized

17. ADJUSTMENT OF CONTRACT

17.1. The Owner reserves the right to expand this contract to include work of the type defined in the project specifications, to other areas of the City. This expansion would be contingent upon the Contractor agreeing to perform the additional work at the same contract prices found in the proposal for the original contract.

17.2. The owner reserves the right to make, at any time during the progress of the work, such increases or decreases in quantities as deemed in the best interest of the Owner.

Adjustments of contract unit prices will not be considered for overruns or underruns of the original bid quantities. Unit price adjustments will not be made in the event of the elimination of any other associated bid item.

18. PRE-BID MEETING

18.1. A mandatory pre-bid meeting will be held virtually on January 23, 2024 at 2:00 p.m. (See

Advertisement for Bid for details.)

INFORMATION FOR BIDDERS Page 14 of 65

19. CITY BUSINESS LICENSE

19.1. City of Staunton Business License is required for successful award of this project. At or prior to delivery of the signed Contract, the bidder to whom the Contract is awarded shall deliver to the Owner a copy of their City Business License. The bidder shall ensure that the Business License indicates a basis amount equal to or greater than the awarded

Contract value. For information on City Business Licenses contact the Staunton

Commissioner of Revenue office at 540- 332-3829.

20. STANDARDS AND SPECIFICATIONS

20.1. Applicable work in this project shall conform to the current Virginia Department of

Transportation (VDOT) Road and Bridge specifications, the current VDOT Road and

Bridge Standards, the current Virginia Erosion and Sediment Control handbook, the current Virginia Erosion and Sediment Control regulations and the current City of

Staunton Design and Construction Standards Manual.

21. CONSIDERATION OF PROJECT COMPLEXITIES

21.1. In preparing this bid, Contractor shall understand and account in their costs for the complexities involved in administering the construction required by this Contract.

Contractor shall be aware that the project area receives regular traffic during the work day.

Contractor shall accommodate such traffic through and around the work area in a safe and well-marked manner.

21.2. Submission of a bid shall be an affirmation that the Contractor understands these complexities and difficulties associated with this project, that they have included in their bid a sufficient dollar amount to compensate for the additional time and effort these complexities and difficulties will require on their part, and that they understand that the

Owner will not accept any claim for time extension or additional costs associated with them.

22. INSURANCE REQUIREMENTS

22.1. By signing and submitting a bid or proposal the contractor certifies that if awarded the contract, they will have the insurance coverages as outlined in Section 2 - Insurance of the

General Conditions at the time the contract is awarded. If any subcontractors are involved, the subcontractor will have the same insurance. The contractor further certifies that they or any subcontractor will maintain these coverages during the entire term of the contract.

INFORMATION FOR BIDDERS Page 15 of 65

SCOPE OF WORK

The Gypsy Hill Park Stream Restoration is located on one 135-acre city owned parcel. The site is located north of Thornrose Cemetery, south of Churchville Ave, and east of Shelburne Middle School.

The site is bound by residential areas on all sides. The section of Peyton Branch being restored flows from north to south discharging into Lewis Creek which ultimately discharges to the south fork of the

Shenandoah River.

The total drainage area to the site is approximately 1.34 square miles and is comprised of 24% impervious and 76% pervious surfaces. The existing Peyton Branch lies within an unconfined valley throughout most of the reach length. The streambed has downcut significantly creating an incised channel with bank heights ranging from 3.5 feet tall at the upstream end of the reach to 2.0 feet tall at the downstream end. The existing stream slope is an average of 2.5% in the main reach and an average of 3.5% in the tributary. According to the Rosgen Classification of Natural Rivers methodology, the stream in its existing state classified as a B4c in the main reach and a C in the tributary. Continuous land use changes within the watershed have contributed to the lateral and vertical channel instability. Due to the incised channel conditions, significant erosion has occurred.

Proposed restoration for the site will include an existing reach length of 1100 linear feet (LF) with a restoration length of approximately 1400 LF. Restoration efforts will consist of Natural Channel Design

(NCD) techniques and will require a combination of Priority I and Priority II design methods. The slopes along the newly created flood bench will be graded between a 2:1 and 3:1 to create additional stability within the valley. A C4 channel has been designed for both the main reach and the tributary with several step-pool sequences interspersed throughout. This project involves a culvert daylight, spring box removal, pedestrian bridge installation, and maneuvering past several utility crossing along the main reach. Riffle cross sections were developed using a combination of Virginia Regional Curve data, reference reaches, onsite bankfull data collection, and stream gauge data. All denuded areas will be re-seeded, fertilized, matted, and planted with native woody stems and herbaceous cover. Large growth trees will be protected to the greatest extent practicable, allowing for increased seed dispersal and shade canopy for the newly planted seedlings.

Technical Specifications and Special Provisions and

Design Plans prepared by Timmons Group for the City of Staunton begin on page 66 of this document.

END OF SCOPE OF WORK

INFORMATION FOR BIDDERS Page 16 of 65

BIDDER STATEMENT

We understand the Insurance Requirements of these specifications and will comply in full if awarded this contract.

Signature:________________________________ Date:____________________

Name:___________________________________ Title:____________________

Name of Firm:______________________________________________________

*This document must be completed & returned with bid submission.*

END OF INFORMATION FOR BIDDERS

BID FORMS & WORKSHEEETS Page 17 of 65

BID FORMS

To: City of Staunton

City Purchasing Agent’s Office

Third Floor, City Hall

P.O. Box 58

Staunton, Virginia 24402

Whom It May Concern:

The undersigned, as Bidder, does hereby declare that the only person, persons, company or parties interested in this Bid are named herein; that this Bid is made and that the Contract will be executed without collusion with any other person or persons presenting any Bid for the same work, labor and materials; that this Bid is in all respects fair and just and that no person prohibited therefrom by law is directly or indirectly interested in this Bid, nor in the labor and materials to which it relates, nor in any portion of the profits thereof.

The undersigned does further declare that he has personally examined the site of the proposed work and made such investigation as is necessary to determine the general and local conditions and the character of the work to be encountered; that they have carefully examined each and every item of the annexed

Contract Documents and the Plans and Specifications pertaining hereto, and that they fully understand the same, and will make no claim, other than as stated therein, because of any misunderstanding or misconception concerning the nature, character or amount of work to be done.

The undersigned does hereby offer and agree to execute and perform the Contract attached hereto, and of which this Bid forms a part; and to furnish all of the labor, materials, tools, equipment, transportation and superintendence for the construction; in strict conformity with the drawings and specifications. The bidder understands that the quantities shown in the Bid Schedule are approximate only; and are subject to either increase or decrease based on the work shown on the Drawings and for changes in the work as directed by the Owner and that should the quantities of any of the items of work be increased, the undersigned proposes to do the additional work at the unit price set out herein, and should the quantities be decreased, they also understand that payment will be made on the actual quantities installed at the unit prices, and will make no claim for the anticipated profits for any decrease in the quantities. Actual quantities will be determined upon completion of the work. Lump sum bid items will not be adjusted.

BID FORMS & WORKSHEEETS Page 18 of 65

BID WORKSHEET

GYPSY HILL PARK STREAM RESTORATION

Item

No.

Spec. BASE BID Item Description Qty Unit Unit Price Extended

Price

1 01 Mobilization 1 L.S. $

2 01 Demobilization 1 L.S. $

3 03 Dewatering 1 L.S. $

4 03 Construction Entrance 3 EA. $

5 03 Temporary Stream Crossing 4 EA. $

6 03 Silt Fence 500 L.F. $

7 03 Straw Bale Barrier 100 L.F. $

8 03 Safety Fence 250 L.F. $

9 03 Barricade Tape 5,100 L.F. $

10 03 Temporary Tree Preservation and

Protection 2,750 L. F. $

11 03 Temporary Seeding (As Needed) 2.6 AC. $

12 04

Erosion Control Matting, KoirMat

700 by Nedia Enterprises Inc. or

Approved Equivalent

700 S.Y. $

13 05

Erosion Control Matting, Curlex I

FibreNet by American Excelsior Co.

or Approved Equivalent

3,850 S.Y. $

14 02 Select Tree Removal (Trunks and

Brush to be Utilized On-Site)

1.0 L.S. $

15 18 Remove & Dispose of Concrete

Pedestrian Bridge 1 L.S. $

16 PLANS

Remove and Dispose of Existing

Dual 36" CMP 300 L.F. $

17 PLANS Remove & Dispose of Spring Box 1 L.S. $

18 PLANS Remove, Store & Reinstall Riprap 300

TO

N

19 PLANS

Remove and Dispose of Existing 6"

Ductile Iron Pipes 100 L.F. $

BID FORMS & WORKSHEEETS Page 19 of 65

20 PLANS

Remove and Dispose of Existing 8"

Ductile Iron Pipes 80 L.F. $

21 PLANS

Remove & Replace 6' Chain Link

Fence 50 L.F. $

22 PLANS

Temporarily Remove, Store &

Reinstall 4' Chain Link Fence 150 L.F. $

23 PLANS

Temporarily Remove, Store &

Reinstall Aluminum Bench

4 EA. $

24 PLANS

Temporarily Remove, Store &

Reinstall Aluminum Picnic Table

3 EA. $

25 PLANS

Temporarily Remove, Store &

Reinstall Light Pole

2 EA. $

26 PLANS

Relocate Underground Power Line

(Coordinate with Dominion) 450 L.F. $

27 PLANS

Relocate Underground Fiber Optic

Line (Coordinate with Lumos

Networks)

40 L.F. $

28 06 Earthwork 1 L.S. $

29 06

Fine Grading (Near Select Trees, Bridge Crossings, Concrete Channel, Fences, Outfalls & Light Poles)

600 S.Y. $

30 07 Streambed Substrate Mix (6" D50) 220 C.Y. $

31 07 Streambed Substrate Mix (9" D50) 50 C.Y. $

32 PLANS VDOT EC-1 Class A1 RipRap 10 C.Y. $

33 19 Concrete Utility Encasement (Class

A3) 55 L.F. $

34 19 Concrete Sidewalk (4" Depth, Class

A3) 510 S.Y. $

35 19 VDOT Aggregate Material No. 21B

(For Sidewalk) [6" Depth]

TO

N

36 14 Imbricated Wall (1 Row - 12") 550 L.F. $

37 14 Imbricated Wall (1 Row - 18" High) 200 L.F. $

38 10 Clay Plug 14 C.Y. $

39 09 Brush Toe 450 L.F. $

40 08, 11 Triple Log Sill (Including Geotextile) 37 EA. $

41 08, 12 Rock Sill (Including Geotextile) 12 EA. $

BID FORMS & WORKSHEEETS Page 20 of 65

42 08, 13 Rock Cross Vane (Including

Geotextile)

3 EA. $

43 20 Pedestrian Bridge 1 L.S. $

44 PLANS Pedestrian Boardwalk 1 L.S. $

45 PLANS Educational Signage 4 EA. $

46 15 Lime & Fertilizer 2.6 AC. $

47 03 Straw Mulch 1.8 AC. $

48 03 Permanent Seeding (VA E&SC Spec

3.32-C)

1.6 AC. $

49 16 Wildflower & Grass Seeding

(ERNMX-156)

1.0 AC. $

50 17 Streambank Herbaceous Plugs

(Materials & Installation)

6,000 EA. $

51 17 Relocate Shrub with Tree Spade 11 EA. $

52 17 Relocate Tree with Tree Spade 5 EA. $

53 17 Tree Mats (Materials & Installation) 16 EA. $

54 21 Maintenance of Traffic 1 L.S. $

55 PLANS Construction Staking 1 L.S. $

56 PLANS As-Built Survey 1 L.S. $

BASE BID Total Unit Price Bid Amount (Sum of Items 1 - 56) $

Abbreviations: EA – Each, LF – Linear Feet, LS – Lump Sum, SF – Square Feet

Subtotal ____________

TOTAL BASE BID

WORDS

FIGURES

AMOUNTS ARE TO BE SHOWN IN BOTH WORDS AND FIGURES.

IN CASE OF DISCREPANCY, THE AMOUNT SHOWN IN WORDS WILL GOVERN.

The undersigned agrees to complete the work enumerated herein in accordance with Paragraph 8 of

Information for Bidders. It is expressly understood and agreed that the time of beginning, rate of progress, and the date of completion are essential conditions, and that in the event of failure to complete the work within the above specified time, the Contractor will be liable for the payment of liquidated damages as provided in Paragraph 8 of Information for Bidders. Extensions may be granted, upon written request, for inclement weather and for any other cause not the fault of the Contractor. The City

BID FORMS & WORKSHEEETS Page 21 of 65 reserves the right to shut the project down for extended periods due to inclement weather. Deadline extensions will be made to equally compensate for periods of shut down.

The undersigned likewise agrees that he will execute and deliver the Contract hereto attached within fourteen (14) business days, and City of Staunton holidays excepted, after notification of the acceptance of this Bid and award of the Contract; and will furnish a performance and a payment bond for the total amount of the accepted Bid on the forms provided in the Contract Documents, satisfactory to the Owner as surety for the faithful performance and completion of the Contract and the payment of all subcontractors, material dealers and labor.

The undersigned certifies that he understands that it is the intent of the drawings, and the Contract

Documents, that the work be completed in every respect and that no additional compensation will be allowed for minor tasks necessary to completely perform the work.

The undersigned acknowledges Addenda:

Addenda No. Addenda

Addenda No. Addenda

The undersigned has checked carefully all the above figures and understands that the Owner will not be responsible for any errors or omissions in making up this Bid.

Contractor

Registered Virginia Contractor’s License No.

Classification Expiration

SCC Number

Contractor’s IRS Number

Dates this day of 2024

By:

Printed Name:

Title:

Address:

Telephone:

*This document must be completed & returned with bid submission. *

END OF BID FORMS & WORKSHEETS

BID BOND Page 22 of 65

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto as Owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this day of

The condition of the above obligation is such that whereas the Principal has submitted to a certain bid attached hereto and hereby made a part of hereof to enter into a contract in writing, for the

NOW THEREFORE,

a) If said Bid shall be rejected, or in the alternate

b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the

Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for their faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The surety for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

BID BOND Page 23 of 65

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

By:

Seal

END OF BID BOND

SCC FORM Page 24 of 65

STATE CORPORATION COMMISSION FORM

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

______________________ -OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in

Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

Attach opinion of legal counsel to this form.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the

Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date:

Name:

Print

Title:

Name of Firm:

END OF STATE CORPORATION COMMISSION FORM

NON-COLLUSION AFFIDAVIT Page 25 of 65

NON-COLLUSION AFFIDAVIT

Under oath, I hereby affirm under penalty of perjury:

(1) That I am the bidder or a partner of the bidder, or an officer or employee of the bidding corporation with authority to sign on its behalf;

(2) That the attached bid or bids have been arrived at by the bidder and have been arrived at and submitted without collusion or any design to limit bidding or competition;

(3) That the contents of the bid or bids have not been communicated to any person not an employee or agent of the bidder on any bid furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and

(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

Signed________________________________________________

Title__________________________________________________

Firm Name ____________________________________________

CITY / COUNTY OF ___________________________________________________

STATE OF ______________________________________, to wit:

I, __________________________________________________, a Notary Public, do certify that

_____________________________________________________whose name is signed to the foregoing has this date acknowledged the same before me in my City foresaid.

Given under my hand this ______ day of ______, 20___.

My Commission expired _________________________.

Notary Public

END OF NON-COLLUSION AFFIDAVIT

REFERENCES LIST Page 26 of 65

REFERENCE LIST

Indicate below a listing of at least three (3) current or recent client references, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods or services.

Reference #1

Company: Contact Person:

Phone #: Email:

Project: Dates of Service:

Reference #2

Company: Contact Person:

Phone #: Email:

Project: Dates of Service:

Reference #3

Company: Contact Person:

Phone #: Email:

Project: Dates of Service:

Indicate below a listing of at least one (1) current or recent client/account that has terminated your company’s services within the last two (2) years. Account(s) are preferred to be government accounts of a similar size and nature.

Terminated Reference (if Applicable)

Reference #1

Company: Contact Person:

Phone #: Email:

Project: Dates of Service:

Company Background (Attach additional sheets if necessary.)

Number of Years in Business: _____________________________________________________

Overview of Work History, Experience & Background of Company:

END OF REFERENCE LIST

CONTRACT Page 27 of 65

CONTRACT

THIS CONTRACT, dated this _ _ __ _ day of _ _______ , 2024, for identification, is made by and between the CITY OF STAUNTON, VIRGINIA (the “OWNER”), a municipal corporation of the

Commonwealth of Virginia acting by and through its City Manager, and

_______________________________ (the “CONTRACTOR”), a ___________ Corporation licensed and registered to do business in the Commonwealth of Virginia, (SCC #__________).

WITNESSETH: That for and in consideration of the payments and contract hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows:

PROJECT: GYPSY HILL PARK STREAM RESTORATION

Hereafter called the PROJECT, for a sum not to exceed

_________________________________________________________________________ under the terms of the contract documents.

For said price, the CONTRACTOR is to furnish all materials, labor, superintendence, equipment, tools, machinery, and other accessories and services necessary to complete the said PROJECT.

The Contract Documents, which comprise the entire CONTRACT between OWNER and

CONTRACTOR, consist of the following:

1. This Contract

2. Information for Bidders

3. Contract Provisions for Non-Federal Entity Contract Under Federal Awards

4. Bid and Addenda

5. Performance and Payment Bonds

6. General Conditions

7. Procurement Guidelines

8. Technical Specifications & Special Provisions

9. Final Design Plans

Said documents are those prepared by the City Environmental Programs Division or its assigned representative for the specific PROJECT.

The OWNER agrees to make payment to the CONTRACTOR in accordance with the General Conditions and for the price specified in the bid for work completed as stated above as the sum to be paid.

OWNER and CONTRACTOR stipulate that TIME IS OF THE ESSENCE and that delay by the

CONTRACTOR in completion would have significant adverse consequences for the PROJECT; that, however, the actual damages to OWNER from such delay are uncertain and would be impossible and not susceptible to reasonable determination; and that liquidated damages of such failure by CONTRACTOR

CONTRACT Page 28 of 65 to perform in a timely manner are a reasonable way and not a penalty to address such adverse consequences. CONTRACTOR also stipulates that it shall not challenge, either directly or indirectly, this liquidated damages provision. OWNER, therefore, may require CONTRACTOR to pay liquidated damages of $500.00 per day for the CONTRACTOR’s failure to perform timely in strict accordance with the CONTRACT.

OWNER may deduct any liquidated damages from amounts due to CONTRACTOR and, otherwise

OWNER shall be entitled to receive interest at the rate of 5% until deducted or paid. Liquidated damages shall be, other than for delay, in addition to any other entitlement by OWNER to damages and other remedies for any other damage, loss, or injury for which CONTRACTOR may be responsible.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Proposal and to make payments on account thereof as…