Eddy Avenue Specs 073124 (2).pdf

PROJECT MANUAL

FOR

“PROPOSED BRIDGE REPAIRS ON EDDY AVENUE

OVER ROANOKE RIVER”

CITY OF SALEM ITB #2025-001

ISSUE DATE: AUGUST 12, 2024

CITY OF SALEM, VIRGINIA

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PROJECT MANUAL FOR

“PROPOSED BRIDGE REPAIRS ON EDDY AVENUE

OVER ROANOKE RIVER”

COMMISSION NO. 19035

BY

SCHWARTZ & ASSOCIATES, INC.

CONSULTING ENGINEERS

HERITAGE BUSINESS CENTER

7331 TIMBERLAKE ROAD, SUITE 305

LYNCHBURG, VIRGINIA 24502

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TABLE OF CONTENTS

PAGE NUMBERS

INVITATION TO BID …………………………………………………………………………………………… 3

BID PROPOSAL FORM ………………………………………………………………………………………… 4-12

NOTICE OF AWARD …………………………………………………………………………………………… 13

NOTICE TO PROCEED ………………………………………………………………………………………… 14

APPLICATION FOR PAYMENT……………………………………………………………………………… 15 – 17

SECTION 1:

STANDARD REQUIREMENTS & INSTRUCTIONS FOR BIDDING …………………………………... 18 – 56

SECTION 2:

SPECIAL CONDITIONS …………………………………………………………………………………… 57 – 60

SPECIAL PROVISIONS AND REVISIONS TO VIRGINIA DEPARTMENT OF TRANSPORTATION

ROAD AND BRIDGE SPECIFICATIONS, 2020 & CURRENT REVISIONS………………………………

61 – 66

SECTION 4:

TECHNICAL SPECIAL PROVISIONS …………………………………………………………………… 67 – 100

BONDS: (ALL OF THESE SHEETS TO BE ADDED AND MADE A PART OF CONTRACT)

A. BID BOND (TO BE PROVIDED BY CONTRACTOR)

B. PERFORMANCE BOND (TO BE PROVIDED BY CONTRACTOR)

C. PAYMENT BOND (TO BE PROVIDED BY CONTRACTOR)

D. CERTIFICATE OF INSURANCE (TO BE PROVIDED BY CONTRACTOR)

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CITY OF SALEM

INVITATION TO BID

The City of Salem, Virginia, is requesting sealed bids from qualified and licensed Bidders for the Proposed Bridge Repairs on Eddy Avenue over Roanoke River, in accordance with our specifications and drawings prepared by Schwartz & Associates, Inc.

This project involves repairs to one (1) bridge which includes epoxy overlay, replacing rail toggle bolts, shotcrete, abutment backwall reconstruction, deck extension, Type B & C patching, bearing pad replacement, replacing end diaphragms, repaving approaches and maintenance of traffic.

There will be a MANDATORY pre-bid conference held at 10:00 a.m. on August 28, 2024 in Council Chambers, located at City Hall, 114 North Broad Street, Salem, Virginia, 24153, to answer any questions from interested parties. Bidders are advised that they MUST attend the pre-bid conference in order to submit a bid on this project.

All requests for clarifications of or questions regarding this Invitation to Bid for additional information must be made in writing, by email to Michelle Braxton, Purchasing Manager at lmbraxton@salemva.gov and received by 12:00 p.m. on September 10, 2024.

Sealed Bids shall be received by Michelle Braxton of the City of Salem Purchasing Department, 114 North Broad Street, Salem, VA 24153 by 3:00 p.m., on September 23, 2024. Bidders shall submit one (1) original and one (1) copy of their bid in a sealed envelope clearly marked on the outside with the company’s name and “Attn: Purchasing Department – ITB # 2025-001 - Proposed Bridge Repairs on Eddy Avenue over Roanoke River”. Any bids received after the mentioned time and date will be returned to the Bidder unopened. Faxed or emailed bids will not be accepted.

Contract Documents, including Plans and Specifications may be obtained from the City of Salem, Purchasing Department, 114 North Broad Street, Salem, VA 24153, Phone Number (540) 375-3063, Email at lmbraxton@salemva.gov or from the City of Salem’s website https://salemva.gov/220/purchasing. Bidders are advised that all communication (questions, etc.) regarding this ITB must be directed to:

Michelle Braxton P. O. Box 869

Salem, VA 24153 Telephone: 540-375-3063

Email: lmbraxton@salemva.gov

Each bid shall be accompanied by a bid security in an amount equal to at least five percent (5%) of the largest amount of which BID is made and, at the option of the Bidder, may be a certified check, bank draft, or bid bond. No bid will be considered unless it is so guaranteed. Certified check or bank draft shall be made payable to the City of Salem. Cash deposits will not be accepted. The bid guarantee shall insure the execution of the Contract and the furnishing of a Performance Bond and a Labor and Material Payment Bond each in the amount of One Hundred percent (100%) of the Contract amount.

The successful bidder will be required to furnish and pay for satisfactory Performance and Payment Bond or Bonds in an amount equal to the full contract price.

Bidders are required to comply with Chapter 11, Title 54.1, Code of Virginia. Each bidder shall place over his signature on the bid proposal and on the outside of the envelope containing his bid one of the following notations: “Registered Virginia Contractor” or “Registration no required under Chapter 11, Title 54.1, Code of Virginia.” In addition, all Contractors, prime and sub, shal l be VDOT pre-qualified in all areas of work they propose to perform on this project.

All bidders shall complete a certification that they are not currently barred from bidding on Contracts by any agency of the Commonwealth of Virginia.

A copy of the bidder’s VDOT pre-qualification must be submitted with the bid documents.

No bids may be withdrawn for a period of sixty (60) days subsequent to the opening of the bids without the consent of the Owner.

Award will be made in the best interest of the City of Salem, and the right to reject any or all bids, to waive any informality or irregularity in the bids received, and award to the lowest responsive and responsible bidder. The City of Salem does not discriminate against faith-based organizations.

Michelle Braxton

Purchasing Department mailto:lmbraxton@salemva.gov mailto:lmbraxton@salemva.gov https://salemva.gov/220/purchasing mailto:lmbraxton@salemva.gov

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BID PROPOSAL FORM

Mr. Will L. Simpson, Jr., PE

City Engineer

City of Salem

P.O. Box 869

Salem, Virginia 24153

Dear Sir:

The undersigned, as Bidder, hereby declares that he or he and his associates are the only person or persons interested in the proposal as principal or principals; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The undersigned, having visited and examined the site and having carefully studied all drawings and specifications pertaining to the project known as “PROPOSED BRIDGE REPAIRS ON EDDY AVENUE OVER ROANOKE RIVER” for the City of Salem, Virginia, hereby proposes to furnish all labor, equipment, tools, materials and services and to perform all operations necessary to execute and complete the work required for the project, in strict accordance with the

Specifications for this project, Road & Bridge Specifications by Virginia Department of Transportation, 2020, and

Engineering Drawings by Schwartz & Associates, Inc., Consulting Engineers, together with Addenda Numbered , issued during bidding period and hereby acknowledged, subject to the terms and conditions of the agreement for the sum of ______________________________________________________________________________________________

DOLLARS ($______________) which shall be referred to hereinafter as the BID. All work shall be completed on or before August 29, 2025, unless otherwise approved by the ENGINEER.

It is understood and agreed that the CITY, in protecting his best interest, reserves the right to reject any or all bids or waive any defects in favor of the City.

Contractors will indicate a unit price for each item listed below. The listed bid items are to contain all necessary costs required for completion of the referenced project. Any changes, modifications, deletions in the bid form, or alternate proposals not specified in the bid proposal, shall make the proposal irregular and subject to rejection.

It is understood that all quantities listed below are estimated quantities and the CITY reserves the right to raise, lower, or eliminate any quantity or item and in any case the unit prices shall be used in determining partial and final payment.

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BID ITEM LIST

“PROPOSED BRIDGE REPAIRS ON EDDY AVENUE OVER ROANOKE RIVER”

NO MAJOR ITEMS & NO PRICE ADJUSTMENTS

ITEM

NUMBER

DESCRIPTION

ESTIMATED

QUANTITIES

UNIT

PRICE

TOTAL

AMOUNT

1 MOBILIZATION LUMP SUM LUMP SUM $

2 MAINTENANCE OF TRAFFIC LUMP SUM LUMP SUM $

3 GENERAL MAINTENANCE LUMP SUM LUMP SUM $

4 DISMANTLE AND REMOVE

PORTION EXIST. STRUCT.

NO. 8007

LUMP SUM

LUMP SUM

5 SHOTCRETE, TYPE B 502 SF $ $

6 ABUTMENT BACKWALL

RECONSTRUCTION

74 LF

7 EMBEDDED GALVANIC

ANODE (SUBSTRUCTURE)

251 EACH

8 STRUCTURE EXCAVATION 116 C.Y. $ $

9 SELECT MATERIAL, TYPE I,

MIN. CBR-30

234 TONS

10 PATCHING, TYPE B 25 SY $ $

11 PATCHING, TYPE C 10 SY $ $

12 DECK SLAB EXTENSION 67 LF $ $

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QUANTITIES

UNIT

PRICE

13 EPOXY OVERLAY 892 SY $ $

14 BEARING PAD REPLACEMENT

(ABUTMENT)

8 EACH

15 JACKING BEAMS 8 EACH $ $

16 REPLACE END DIAPHRAGMS 6 EACH $ $

17 EMBEDDED GALVANIC ANODE

(SUPERSTRUCTURE)

255 EACH

REPLACE TOGGLE BOLT, TB-1

7 EACH

19 REPLACE TOGGLE BOLT, TB-2 15 EACH $ $

20 ASPHALT CONCRETE TYPE

SM-9.5A

35 TONS

21 ASPHALT CONCRETE BASE

COURSE BM-25.0A

32 TONS

22 AGGR. BASE MATERIAL TYPE I,

SIZE 21-B (6% MOIST. CORR.)

67 TONS

23 DEMOLITION OF PAVEMENT 78 SY $ $

24 FACEDOWN SIDEWALK 28 SY $ $

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QUANTITIES

UNIT

PRICE

25 FLEXIBLE PAVEMENT PLANING

(0-2” DEPTH)

267 SY

26 TYPE A PAVEMENT LINE

MARKING (4” WHITE)

400 LF

27 TYPE B, CLASS VI, CONTRAST

PAVEMENT LINE MARKING

(4” YELLOW)

400 LF

TOTAL BASE BID $___________

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We are properly equipped to execute all work of the character and extent of the agreement as so covered by this bid and will enter into an agreement for the execution and completion of the work in accordance with the drawings and specifications and this bid. We further agree that if awarded the contract, we will commence the work as set forth in the “Notice to Proceed” and will maintain a work force large enough to execute the work and all obligations and complete the work no later than

August 29, 2025. This is a "Fixed Completion Date" (180 day) contract with the "Fixed Completion Date" being August

29, 2025 (midnight).

Enclosed herewith is the following Security, offered as evidence that the undersigned will enter into agreement for the execution and completion of the work in accordance with the Drawings, Specifications, and Contract Documents.

Bidder's Bond or Certified Check in the amount of $

Bond issued by or name of bank

The undersigned further agrees that in case of failure on his part to execute the said agreement within the ten (10) consecutive calendar days after written notice being given on the "Notice of Award", the monies payable by the securities accompanying this bid, shall be paid to the City of Salem, Virginia, as liquidated damages for such failure; otherwise, the

Securities accompanying this bid shall be returned to the undersigned.

This bid is subject to acceptance within a period of 60 days from this date.

Respectfully submitted, CONTRACTOR

ADDRESS

BY:

TITLE:

DATE:

Current Contractor's Virginia Registration No.:

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CONTRACTOR'S CERTIFICATION

This is to certify that I (we) are not currently barred from bidding on contracts by any agency of The Commonwealth of Virginia, nor am I (we) a part of any firm/corporation that is currently barred from bidding on contracts by any agency of The Commonwealth of Virginia.

(Contractor)

(Address)

(Seal)

(Attest)

By:

Title:

Date:

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NOTICE OF AWARD

To: _______________________________________________________________________________________

Project Description: ___________________________________________________________________________

The CITY has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated 20 , and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of $_____ .

You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and Certificate of Insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY.

Dated this day of ,20 .

City of Salem

Title

ACCEPTANCE OF NOTICE

Receipt of the NOTICE OF AWARD is hereby acknowledged this the day of , 20 .

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NOTICE TO PROCEED

To:

Project: __________________

Date

You are hereby notified to commence work in accordance with the Agreement dated , 20 , on or before ,20 , and you are to complete the WORK

The date of completion of all WORK is therefore ,20 .

CITY OF Salem

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged

BY ,

this the day of , 20 .

Title __________________________________________________________

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APPLICATION FOR PAYMENT NO. ___________

CONTRACTOR: _____________________________________ DATE:___________________

PROJECT NAME: __________________ PROJECT NO.: COMPLETION DATE: ________

NO.

CONTRACT

QUANTITY

CONTRACT

UNIT

PRICE

QUANTITIES

THIS REQ.

VALUE

THIS

REQUISITION

TO DATE

VALUE

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APPLICATION FOR PAYMENT NO. ___________

CONTRACTOR: _____________________________________ DATE:___________________

PROJECT NAME: ___________________ PROJECT NO.: ____ COMPLETION DATE: ________

NO.

CONTRACT

UNIT

PRICE

QUANTITIES

THIS REQ.

VALUE

THIS

REQUISITION

VALUE

TOTALS

CHANGE ORDER SUMMARY ORIGINAL CONTRACT SUM ____________________

CHANGE

ORDER

DATE

APPROVED

ADDITIONS

DEDUCTIONS

COMPLETION

DATE

EXTENDED

NET CHANGE BY CHANGE ORDER ______________

CONTRACT SUM TO DATE _____________________

TOTAL COMPLETED & STORED TO DATE _____________

RETAINAGE - 5%_______________________

TOTAL EARNED LESS RETAINAGE __________________

LESS PREVIOUS PAYMENT _______________________

CURRENT PAYMENT DUE ______________________

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APPLICATION FOR PAYMENT

The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment under said contract, being Applications for Payment numbered 1 through inclusive; and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest, and encumbrances.

DATED 20___

(CONTRACTOR)

BY:

NAME AND TITLE

COUNTY OF )

STATE OF ) ss

Before me on this day of ,20___ personally appeared known to me, who being duly sworn, did depose and say that he is the (office) of the Contractor above mentioned, that he executed the above Application for Payment and statement on behalf of said Contractor, and that all of the statements contained herein are true, correct and complete.

NOTARY PUBLIC

MY COMMISSION EXPIRES:

Application for Payment: Sheet 3 of 3

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SECTION 1

STANDARD REQUIREMENTS & INSTRUCTIONS FOR BIDDING

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TABLE OF CONTENTS

SECTION TITLE PAGE

1.0 Standard Requirements & Instructions To Bidders 20

1.1 Definitions 20

1.2 Bidder Eligibility 21

1.3 Bid Submittal 21

1.4 Award Criteria 23

1.5 Guaranty 24

1.6 Covered Work 25

1.7 Bonds & Insurance 25

1.8 Legal 28

1.9 Specifications and Product Description 30

1.10 Shop Drawings & Samples 31

1.11 Jobsite Safety Measures 31

1.12 Completion Schedule 32

1.13 Traffic Control 33

1.14 Property Maintenance & Coordination 34

1.15 Scope of Work 34

1.16 Progress of Work 34

1.17 Remuneration 38

1.18 Termination/Stoppages 40

1.19 Work Changes 41

1.20 Utility Maintenance & Coordination 44

1.21 Environmental Protection 45

1.22 Erosion Control 47

Appendix A: Sample Agreement 49

Appendix B: Escrow Agreement 52

General Terms and Conditions 54

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1.0 STANDARD REQUIREMENTS & INSTRUCTIONS FOR BIDDERS

1.1 DEFINITIONS

The following terms and expressions used in this document shall be understood as follows:

1.1.1. Wherever the word "City", "Department", or "Owner" is used, it shall be understood to mean the City of Salem, Virginia.

1.1.2. Wherever the word "Contractor" is used, it shall be understood to mean the party engaged to perform all work described herein.

1.1.3. Wherever the word "Engineer" is used, it shall be understood to mean the City Engineer, or his duly appointed successor, or representative, acting within the scope of the duties entrusted to them and as stated in the contract.

1.1.4. Wherever the word "Subcontractor" is used, it shall be understood to mean persons, firms, or corporations having a direct contact with the Contractor, and including those who furnish materials worked to a special design in accordance with the plans and specifications, but not including those who merely furnish materials not so worked.

1.1.5. Wherever the word "Addenda" is used, it shall mean written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding documents or the Contract Documents.

1.1.6. Wherever the word "Agreement" is used, it shall mean the written agreement between the City and Contractor covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.1.7. Wherever the word "Bid" is used, it shall mean the offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

1.1.8. Wherever the word "Shop Drawings" is used, it shall be understood to mean all drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for Contractor to illustrate some portion of the "Work" and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a Supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work.

1.1.9. Wherever the word "Specifications" is used, it shall be understood to mean those portions of the Contract Documents consisting of written technical descriptions of material, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

1.1.10. Wherever the word "Supplier" is used, it shall be understood to mean a manufacturer, fabricator, supplier distributor, materialman, or vendor.

1.1.11. Wherever the word "Work" is used it shall be understood to mean the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

1.1.12. Wherever the word "Plans" or "Drawings" is used, it shall be understood to mean the Contract Plans, accompanying the specifications and such detail and supplementary drawings as may be furnished from time to time. Plans may be included as part of the specifications. Therefore, the Contractor is directed to familiarize himself with the contents of the complete contract documents.

1.1.13. Wherever in the specifications or upon the drawings the words "as directed," "as required," "as permitted," or words of like effect are used, it shall be understood that the direction, requirement, or permission of the Engineer is intended and similarly the words "approved," "satisfactory," or words of like import, shall mean approved or acceptable or satisfactory to the Engineer.

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1.1.14. Whenever the word "Contract" or "Contract Documents" is used, it shall mean and include Invitation For

Bids, Bid Proposal, Agreement between City and Contractor, General Conditions, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Addenda, Change Orders, Standard Requirements and Instructions for Bidders, Special Conditions, Special Provisions and revisions to VDOT Road and Bridge

Specifications 2002, Technical Special Provisions, Drawings, Technical Specifications, with all amendments, modifications, and supplements issued on or after the Effective date of the agreement.

1.1.15. The term "Standard Specification" shall mean Road and Bridge Specifications, Virginia Department of

Transportation, current edition, with all amendments.

1.2. BIDDER ELIGIBILITY

1.2.1. Bids will only be accepted from manufacturers, authorized distributors, dealers, or contractors, who are actively engaged in the sale, manufacture, or type of construction of the item(s) called for in the bid. No proposal 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 depth 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. Where an installation or assembly is to be performed by a subcontractor, the bidder must name the subcontractor, and the City reserves the right to determine whether the named subcontractor is fit and capable to perform the required work. If City or Engineer after due investigation has reasonable objection to any proposed

Subcontractor, other person, or organization, he may before giving the Notice of Award request the apparent low Bidder to submit an acceptable substitute without an increase in his Bid price. Any Subcontractor, other person, or organization so listed and to whom the City or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City and Engineer. This does not remove responsibilities for said Subcontractors, supplier, etc., to comply with the Contract Specifications. Contractor shall not be required to employ any Subcontractor, other person, or organization against whom he has reasonable objection. The City reserves the right to reject any proposal where an investigation of the available evidence or information does not satisfy the City that the Bidder is qualified to carry out properly the terms of the Contract. The City's decision as to qualifications of the Bidder shall be final.

1.2.2 Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. Failure on the part of any Bidder to carry out previous contracts satisfactorily, or lack of experience or equipment necessary for the satisfactory and timely completion of this Project, may be deemed sufficient cause for disqualification of said Bidder.

1.2.3 The Bidder must readily and independently document that the Bidder possesses the experience, equipment and financial resources necessary for a timely and professional completion of this project.

1.2.4 Title 54.1, Chapter 11, Code of Virginia, requires evidence of certificate of Class "A" registration on bids exceeding seventy thousand dollars ($70,000) and evidence of certificate Class "B" registration on bids in amounts exceeding seven thousand five hundred dollars ($7,500).

1.2.5 The object of any Request for Qualifications is to make it possible for the City to have exact information on the financial ability, equipment owned, and experience of the Bidder in order to reduce the hazards involved in awarding contracts to parties apparently not qualified to perform them, and to select those

Bidders qualified to properly complete the Work.

1.3 BID SUBMITTAL

1.3.1 EXAMINATION OF SITE AND PROJECT INFORMATION

1.3.1.1 Bidders shall investigate and inspected the sites of the Work contemplated before preparing their Proposals in order to acquaint themselves as to the actual nature, character, conditions, quality requirements of the Work, subsurface conditions, and accuracy of estimated quantities.

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1.3.1.2 All information given on the drawings or in the contract documents relating to existing subsurface and surface conditions and other structures is from the best sources at present available to the City. All such information is furnished only for the information and convenience of the Bidders.

1.3.1.3 It is agreed and understood that the City does not warrant or guarantee that the existing conditions or other structures encountered during the construction will be the same as those indicated on the drawings or in Contract Documents. The Bidder must be satisfied regarding the character, quantities and conditions of the various materials and the work to be done.

1.3.1.4 It is further agreed and understood that the Bidder will not use any of the information made available or obtained in any examination in any manner as a basis or ground of claim or demand of any nature against the City or Engineer arising from or by reason of any variance which may exist between the information offered and the actual conditions, materials, or structures encountered during the Work, except as may otherwise be provided for in the

Contract Documents.

1.3.1.5 Notify the Purchasing Manager of all conflicts, errors, or discrepancies in the Contract

Documents.

1.3.2 BID PREPARATION

1.3.2.1 Bid proposals must be written in ink or typewritten and shall be submitted on the forms issued.

Unsigned bills will not be accepted. No bid may be considered if received after the time shown on the title page of the bid invitation. Contractors are expected to examine all instructions, specifications of the bid invitation, drawings, sites, installations, etc. Failure to do so will be at the Contractor's risk. Erasures or other changes must be initialed by the person signing the bid.

1.3.2.2 Envelopes containing bids must be sealed and marked in the lower left-hand corner with the invitation number, project title, and any other designations as indicated on the bid invitation, and submitted to the office indicated on title page of the bid invitation.

1.3.3 INTERPRETATION

1.3.3.1 If any person contemplating the submission of a bid is in doubt as to the true meaning of any part of the Invitation For Bid or other documents, he should submit a written request for an interpretation thereof to the Purchasing Manager. An interpretation of the bid invitation document will be made only by written addendum issued to each potential bidder. The City will not be responsible for explanations or interpretations of bid invitation documents except as issued in accordance herewith.

1.3.3.2 All notices, requests, instructions, approvals, and proposals must be in writing.

1.3.3.3 If during performance of the project, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, he shall so report to the Engineer in writing at once before proceeding and shall obtain a written interpretation or clarification from the Engineer.

1.3.3.4 In resolving such conflicts, errors, and discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary

Conditions, Instructions to Bidders, Standard Requirements & Instructions for Bidding, Proposal and Specifications/Drawings. Figure dimensions on drawings shall govern over scale dimensions and detailed drawing shall govern over general drawings.

1.3.4 IRREGULAR BID PROPOSALS

Bid Proposals shall be considered irregular for the following reasons:

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1.3.4.1 If the bid is on a form other than that furnished by the City, if the City's form is altered, or if any part of the proposal form is detached.

1.3.4.2 If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous.

1.3.4.3 If the bid does not contain a unit price for each pay item listed in the proposal.

1.3.4.4 If the bid contains unit prices that are obviously unbalanced.

1.3.4.5 If the bid is not accompanied by the proposal guaranty specified by the City.

1.3.5 WITHDRAWAL OF BID DUE TO ERROR

1.3.5.1 A bidder for a City construction contract, other than a contract for construction or maintenance of public highways, may withdraw his 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 the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn.

1.3.5.2 The bidder shall give notice in writing of his claim of the right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure in accordance with 2.2-4330 of the Virginia code.

1.3.6 DISQUALIFICATION OF BIDDER

A bidder shall be considered disqualified or any of the following reasons:

1.3.6.1 Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.

1.3.6.2 Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for this and any future work of the City until any such participating bidder has been reinstated by the City as a qualified bidder.

1.3.6.3 If the bidder is considered to be in "default" for any reason specified in 1.2 "Bidder

Eligibility" and 1.3 "Bid Submittal".

1.4 AWARD CRITERIA

1.4.1 Unless otherwise specified all formal bids submitted shall be binding for sixty (60) calendar days following bid opening date.

1.4.2 Deleted

1.4.3 The award shall be made to the lowest responsible and responsive bidder whose proposal conforming to the invitation will be most advantageous to the City, price and other factors considered such as completion time, fiscal stability of the bidder, prior experience in the type of work called-for in the Invitation, management resources, owned equipment, quality, operating and maintenance cost, service, resale value, etc.

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

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1.4.5 After notice from the City, the successful bidder has ten (10) days to enter into a contract or forfeit as liquidated damages the security deposit. By executing the contract, the Contractor certifies that he has reviewed the Contract Documents and the project area and accepts the conditions of each.

1.5 GUARANTY

1.5.1 The Contractor shall guarantee that all the materials used and all the work done under the contract shall fully comply with the requirements of the plans and specifications and the instructions of the

City.

1.5.2 If any Work is covered prior to approval of the Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation, testing, and replacement at Contractor's expense. If required by the Engineer, the Contractor shall correct all defective work, whether or not fabricated, installed, or completed, or, if the work has been rejected by Engineer, remove it from the site and replace it with non-defective work. The Contractor shall bear all direct, indirect and consequential costs of such uncovering correction or removal, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals. Upon failure of the Contractor to perform within a reasonable time, the City may, after seven (7) days written notice to the

Contractor, uncovering correct and remedy any such deficiency and deduct the costs from any monies due the Contractor.

1.5.3 If the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, shall uncover, that portion of the work in question, furnishing all necessary labor, material, and equipment. If it is found that such work is defective, the Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals), and the City shall be entitled to an appropriate decrease in the contract price. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the City shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim thereof as specified elsewhere. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim thereof as specified elsewhere.

1.5.4 Any defects in the completed work or failure of the construction to fully perform or endure the service for which it is intended, which in the opinion of the City are caused by or due to the use of materials, skill, or workmanship not in compliance with the said plans, specifications, and instructions, that may appear in the work within a period of twelve (12) months after acceptance by the City shall be regarded as prima facie and conclusive evidence that the Contractor has failed to comply with the said specifications, plans, and instructions. The Contractor in this event, shall, at his own expense, at such time and in such manner as the Engineer may direct, repair or take up and reconstruct any such defective work, in full compliance with the original specifications, plans, and instructions. The repairs required to be made by the Contractor shall extend only to making good and inherent defects which become manifested in the materials and workmanship under ordinary conditions, and shall not be held to cover any breakage or damage caused by improper use of by accident resulting from circumstances over which the Contractor has no control.

1.5.5 All direct, indirect and consequential costs of the City in exercising such rights and remedies will be charged against the Contractor and will be deducted from any monies due to the Contractor.

The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the work attributable to the exercise by the City of the City's rights and

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1.5.6 The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the work attributable to the exercise by the City of the City's rights and remedies hereunder.

1.6 COVERED WORK

1.6.1 If any Work is covered prior to approval of the Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation, testing, and replacement at Contractor's expense. If required by the Engineer, the Contractor shall correct all defective work, whether or not fabricated, installed, or completed, or, if the work has been rejected by Engineer, remove it from the site and replace it with non-defective work. The Contractor shall bear all direct, indirect and consequential costs of such uncovering correction or removal, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals. Upon failure of the Contractor to perform within a reasonable time, the City may, after seven (7) days written notice to the

Contractor, uncovering correct and remedy any such deficiency and deduct the costs from any monies due the Contractor.

1.6.2 If the Engineer considers it necessary or advisable that covered work be inspected or tested by other, the Contractor, shall uncover that portion of the work in question, furnishing all necessary labor, material, and equipment. If it is found that such work is defective, the Contractor shall bear all direct, indirect, and consequential costs of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals), and the City shall be entitled to an appropriate decrease in the contract price.

1.7 BONDS & INSURANCE

1.7.1 BONDS

1.7.1.1 Each bidder shall enclose in his bid package, a bid bond issued by a surety licensed to do business in Virginia in the amount of five percent (5%) of his bid total made payable to the City of Salem, Virginia. A bank certified check will be accepted in lieu of the bid bond.

1.7.1.2 The successful Contractor shall be required to provide performance and labor & materialman's bonds in the amount of one hundred percent (100%) of the contract price.

1.7.2 INDEMNIFICATION

1.7.2.1 The Contractor shall indemnify the City, its agents, officers, and employees against any damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend and indemnify the City, its agents, officers, and employees from any claims, demands, suits, actions, or proceedings of any kind, including workers' compensation claims, of or by anyone, in any way resulting from or arising out of the operations in connection with the work described in the contract, including operations of subcontractors and acts or omissions of employees or agents of Contractor or Contractor's subcontractors. Contractor shall procure and maintain, at Contractor's own costs and expense, any additional kinds and amounts of insurance that, in Contractor's own judgment, may be necessary for

Contractor's proper protection in the prosecution of the work.

1.7.2.2 The Contractor shall, at his own expense, appear, defend, and pay all charges of attorneys and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City, and/or its officers, agents, and employees, in any such action, the Contractor shall, at his own expense, satisfy and discharge the same. The Contractor expressly understands and agrees that any

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performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City, its agents, officers, and employees as herein provided.

1.7.2.3 The Contractor shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to the work caused by acts of God, acts of Public

Enemy, acts of Government, quarantine restrictions, general strikes through the trade, or by freight embargoes not caused or participated in by the Contractor. The

Contractor shall have charge and control of the entire work until completion and acceptance of the same by the City.

1.7.2.4 The Contractor shall alone be liable and responsible for, and shall pay, any and all loss or damage sustained by any person or party either during the performance or subsequent to the completion of the work under this agreement, by reason of injuries to persons and damage to property, buildings, and adjacent work, that may occur either during the performance of the work covered by this contract or that may be sustained as a result of or in consequence thereof, irrespective of whether or not such injury or damage be due to negligence of the inherent nature of the work.

1.7.2.5 The Contractor shall bear all losses resulting from the amount or character of the work being different, or because the nature of the premises on which the work is done is different from what as expected or on account of the weather, or similar causes.

1.7.2.6 The Contractor, however, will not be obligated to indemnify the City, its officers, agents, or employees against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting solely from the negligence of the City or its officers, agents, and employees.

1.7.3 INSURANCE

The Contractor shall not commence work under any contract until he has obtained all the insurance required hereunder and such insurance has been approved by the City; nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance has been so obtained and approved. Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor hereunder.

1.7.3.1 Worker's Compensation including Occupational Disease and Employer's Liability Insurance:

The Contractor shall take out and maintain during the life of the Contract, Worker's

Compensation and Employer's Liability Insurance for all of his employees to be engaged in work on the project under this Contract in an amount no less than the minimum allowed by the State Corporation Commission, and in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation and Employer's

Liability Insurance for all of the latter's employees to be engaged in such work.

1.7.3.2 Comprehensive General Liability Insurance: The Contractor shall maintain during the life of the Contract comprehensive general liability insurance as shall protect him and the City of

Salem and its officers, agents, and employees from claims for damages for personal injury, including death, as well as from claims for property damage, which may arise from operations under the Contract, whether such operations be by himself or by any

Subcontractor, or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be not less than a combined single limit of $1,000,000.00 per occurrence on bodily injury and property damage and $1,000,000.00 aggregate on completed operations. The comprehensive general liability insurance shall provide the following coverages:

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• Comprehensive

• Premises-Operation

• Products/Completed Operations Hazard

• Contractual Insurance

• Underground Hazard

• Explosion & Collapse Hazard

• Independent Contractor & Subcontractor

• Broad Form Property Damage

• Personal Injury

1.7.3.3 Automobile liability insurance with minimum combined single limits of $1,000,000.00 per occurrence. This insurance shall include bodily injury and property damage for the following vehicles:

• Owned Vehicles

• Non-owned Vehicles

• Hired Vehicles

1.7.3.4 Umbrella Policy: At the option of the Contractor, primary limits may be less than required, with an umbrella policy providing the additional limits needed. This form of insurance will be acceptable provided that the primary and umbrella policies both provide the insurance coverages herein required. However, any such umbrella policy must have minimum coverage limits of $3,000,000.00.

1.7.3.5 The Contractor, at his cost, shall effect and maintain in the names of the City, the Engineer and the Contractor, fire, vandalism and extended coverage insurance (or all-risk, builder's risk insurance if approved by the City), upon the entire structure or structures on which the work of this Contract is to be done and upon all material in or adjacent thereto and intended for use thereon to one hundred percent (100%) of the Contract amount. Such insurance may include a deductible provision if the City consents to such provision; however, the

Contractor in such case will be liable for paying to the City the amount of such deduction whenever a claim arises. The loss, if any, is to be made adjustable with and payable to the

City as Trustee for whom it may concern. Written evidence of the insurance required herein shall be filed with the City not later than thirty (30) days following the date of the award of the Contract. A copy of the evidence of insurance shall be filed with the Purchasing

Manager.

1.7.3.6 All policies shall name the City of Salem, its officers, agents, and employees and Schwartz

& Associates, Inc., Consulting Engineers, its officers, agents, and employees as additional insureds. This coverage shall be reflected on the Certificates of Insurance (including any endorsements or riders thereto) which will be provided to the City. Each Certificate of

Insurance shall require that notice be given thirty (30) days prior to cancellation or material change in the policies to the Purchasing Manager.

1.7.3.7 The insurance required by this Article shall include contractual liability insurance applicable to the Contractor's obligations under Section 1.5.

1.7.3.8 The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his contract "Subcontractor's Insurance" of the type and in the same amounts as specified in the preceding schedule or (2) insure the activities of his

Subcontractors in his own policy.

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1.8 LEGAL

1.8.1 AUTHORITY

1.8.1.1 The Purchasing Manager as the designee of the City Manager has the sole responsibility and authority for placing, and when necessary, modifying each and every invitation to bid, purchase order, or other award issued by the City of Salem. In the discharge of these responsibilities, the Purchasing Manager may be assisted by assigned buyers. No other

City officer or employee is authorized to order supplies or services, enter into purchase negotiations, or in any way obligate the government of the City of Salem for an indebtedness.

Any purchases contrary to these provisions and authorities shall be void and the City shall not be bound thereby.

1.8.1.2 This procurement process, including withdrawal of bids and appeals or protests, is governed by the Virginia Public Procurement Act, the City of Salem code, the City of Salem Purchasing

Policy and Procedures Manual, and other applicable law. Copies of the City of Salem

Purchasing Policy Procedures Manual may be obtained by writing the City of Salem.

1.8.2 This Agreement and the performance thereof shall be governed by and enforced under the laws of the Commonwealth of Virginia, and if legal action by either party is necessary for or with respect to the enforcement of any of all of the terms and conditions hereof, then exclusive venue thereof shall lie in the City of Salem, Virginia.

1.8.3 EQUAL EMPLOYMENT

During the performance of the contract, the Contractor agrees as follows:

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

1.8.3.2 The Contractor also shall not discriminate against any handicapped person in violation of any state or federal law or regulation and shall also post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this additional nondiscrimination clause.

1.8.3.3 The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such contractor is an equal opportunity employer.

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

1.8.3.5 The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

1.8.3.6 The Contractor will otherwise comply with all other applicable provisions of local, State, and

Federal law.

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1.8.4 NON-APPROPRIATION

1.8.4.1 In the event that sufficient funds are not appropriated by the Council of the City of Salem, Virginia; or, if appropriated, are not allocated or available; or, in the event the amounts due hereunder are to be paid with funds given to the City by another private or government entity, and such funds are not sufficient for continuation of this agreement during any fiscal year after the City's first fiscal year; the City may, without breach, upon prior written notice to

Contractor, terminate the contract in whole or in part.

1.8.5 NOVATION

1.8.5.1 The Contractor shall not assign or transfer, whether by Assignment or Novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under the Agreement without the written consent of the City; provided, however, that assignments to banks, trust companies or other financial institutions for the purpose of securing a bond may be made without the consent of the City. Assignment or Novation of the Agreement shall not be valid unless the Assignment or Novation expressly provides that the assignment of any of the

Contractor's rights or benefits under the Agreement is subject to a prior lien for labor performed, services rendered and materials, tools, and equipment supplied for the performance of the work under the Agreement in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, and equipment.

1.8.6 OBSERVANCE OF LAWS

1.8.6.1 The Contractor at all times shall observe and comply with all Federal, State, and City laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the project, as well as all orders or decrees which have been promulgated or enacted, by any legal bodies or tribunals having authority or jurisdiction over the work, materials, employees or contract.

1.8.6.2 Any conflicts between State, Local and Federal codes shall be resolved per VDOT Lap

Manual and the…