Fluvanna CC Asphalt CCU09890-01 IFB.pdf

COMMONWEALTH OF VIRGINIA

DEPARTMENT OF CORRECTIONS

CORRECTIONS CONSTRUCTION UNIT 3600

WOODS WAY BLD 74

STATE FARM, VA. 23160

INVITATION FOR SEALED BIDS (IFB

Solicitation Number: CCU09890-01

Title: Parking Lot Construction and Asphalt Paving

Commodity Code: 91336 Construction, Parking Lot 91395 Paving/Resurfacing, Highway and Road

Date Issue: March 18, 2024

Pre-bid Conference: March 28, 2024, 2:00 PM. EST.

Bid Due Date and Time: April 9, 2024 ---2:00 PM EST.

Bid Opening and Reading April 10, 2024 ---2:00 PM EST.

Issuing Agency: Department of Corrections Bid Return location Corrections Construction Unit

3600 Woods Way, Bldg. 74 State Farm, Va. 23160

Work Site/Pre-bid Location: Virginia Department of Corrections Fluvanna Correctional Center 144 Prison Lane Troy, VA 22974

MANDATORY ATTENDANCE PREBID CONFERENCE: Reference Page 3

Sealed Bids will be received electronically though eVA or hard copy sealed envelope at the issuing agency listed above. The deadline for submitting bids is 2:00 P.M. EST sharp APRIL 9, 2024. The bids will be opened publicly and read aloud next day APRIL 10, 2024, beginning at 2:00 P.M. EST.

Unsealed, faxed or emailed bids will not be accepted.

Bids mailed, hand delivered, or delivered by express mail, must be delivered to the Issuing Agency’s in the Purchasing Office at the address shown above prior to the bid due deadline.

If a Bidder needs assistance submitting an electronic response, the Bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov in ample time prior to the closing date and time to ensure the bid is received by the required date and time

All inquiries for information should be directed to Jonathan Pence 804-372-4198, or email:

jonathan.pence@vadoc.virginia.gov

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.e in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid or request for proposal.

mailto:%20jonathan.pence@vadoc.virginia.gov mailto:%20jonathan.pence@vadoc.virginia.gov

TABLE OF CONTENTS

SECTION I PRE-BID Conference Page 3

PRE-BID Questionnaire form Page 4 eVA Registration Statement Page 5

SECTION II Scope of Work Page 6

SECTION III Special Conditions Page 8

*SECTION IV DGS30-360 Small Business Participation Page 9

CO-7A Instructions to Bidders

*Attachment A Bid Form/Signature Page

*CO-10.2 Standard Bid Bond

CO-7 General Terms and Conditions

Attachment C VADOC Security Rules

* Required to be included with Bid Response.

The following forms can be found electronically at: https://dgs.virginia.gov/search/documents-and-forms/?filter=DEB Contract between Owner and Contractor, CO-9 Workers Compensation Certificate of Coverage, CO-9A Standard Performance Bond CO-10 Standard Labor and Materials Payment Bond CO-10.1 Construction Change Order, CO-11 Schedule of Values, CO-12 Affidavit of Payment of Claims, CO-13 Contractor’s Certificate of Substantial Completion CO-13.2a Contractor’s Certificate of Completion CO-13.2

DRAWING LIST:

DOC Fluvanna Parking Lot Addition C1.0 Cover C2.0 Notes/Details C3.0 Erosion Notes C4.0 Existing Conditions/Demolition C4.1 Soil Boring Logs C5.0 Layout Grading, ES plan C6.0 Stormwater Management E1.0 Lighting Plan E1.1 Lighting Details C7.0 Existing Parking Improvements C011 Original Construction Parking Layout (reference only) C012.1 Original Construction Elevations (reference only) C5.0 Sewer Easement Layout (reference only) Documents: Project Specifications Engineers Project 10401 (66-pages) Borrow Soils Report, (21-049) Zannino Engineering (11-pages) https://dgs.virginia.gov/search/documents-and-forms/?filter=DEB

I. PREBID CONFERENCE:

MANDATORY PREBID CONFERENCE: A mandatory attendance pre-bid conference with site visit will be held on Thursday February 23, 2023, 10:00 A.M. EST. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this bidding process of this solicitation and to view both project locations.

Conference Location: Fluvanna Correctional Center, 144 Prison Lane, Troy VA 22974, Buildings & Grounds office. (building directly to the west of the sallyport gate)

Due to the importance of all Bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, attendance at this conference will be a prerequisite for submitting a bid.

Bids will only be accepted from those Bidders firms who are represented by documentation signature on sign-in sheet at this pre-bid conference. The conference meeting will be closed for attendance at 10:15 A.M.

EST as determined by the procurement officer conducting the conference.

Please have a copy of the solicitation available prior to the start of the conference.

All questions concerning to the meaning or intent of the INVITATION FOR BIDS or BID DOCUMENTS must be submitted using the PREBID QUESTION FORM and submitted to the Procurement Officer in writing.

In order to receive pre-bid question consideration, questions must be received by email at the Procurement Office jonathan.pence@vadoc.virginia.gov not later than 3:00 P.M. EST on March 25, 2024. Any changes resulting from this conference, and/or scope of work responses to Pre-Bid Questionnaires will be issued in a written addendum to the solicitation and will be publicly posted on eVA mailto:jonathan.pence@vadoc.virginia.gov

PREBID QUESTION FORM

(Use separate Form for each question submitted.)

Date: ________________________________________________________________________________________

Project Title: Fluvanna Correctional Parking Lot Construction

Project IFB No.: CCU09890-01

The following question concerns IFB Section (number)____________, page ___________, paragraph ___________

The following question concerns Specifications Section (number)__________ page _________, paragraph ________

All responses to questions will be made by Addendum.

Question submitted by: ___________________________________________________________________________

Name Organization

Bidders shall submit form to: Jonathan Pence, Procurement Specialist, Virginia Department of Corrections.

Name Organization

Email address: jonathan.pence@vadoc.virginia.gov or FAX No.:804-598-3263 mailto:jonathan.pence@vadoc.virginia.gov

DGS-30-384

(Rev. 01/21)

Vendor eVA Registration Requirements eVA Business-to-Government Vendor Registration, Contracts, and Order: The eVA Internet electronic procurement solution, web site portal www.eVA.virginia.gov, streamlines and automates government purchasing activities in the Commonwealth. The eVA portal is the gateway for vendors to conduct business with state agencies and public bodies. All vendors desiring to provide construction and/or professional services to the Commonwealth shall participate in the eVA Internet e-procurement solution by completing the free eVA Vendor Registration. All bidders or offerors must register in eVA and pay the Vendor Transaction Fees specified below; failure to register will result in their bid/proposal being rejected.

Vendor transaction fees are determined by the date the original purchase order is issued and the current fees can be found on the eVA website at https://eva.virginia.gov/eva-billing.html.

eVA Orders and Contracts: The solicitation/contract will result in (1) purchase order with the eVA applicable transaction fee assessed for each order.

IDENTIFICATION OF BID ENVELOPE: If the bid is submitted in paper response, the signed pricing attachment A, and all required bid documents must be submitted in a sealed envelope and the outside envelope identified as follows:

*If your bid response is delivered by a courier service such as FedEx or UPS, and your sealed envelope is placed inside the courier’s shipping envelope, you should clearly mark the courier’s envelope with the same information. Failure of timely delivery of your bid by postal mail or selected courier is not grounds for protest.

From: ________________________ ___________ _____________ Company name of Bidder bid due date bid due time.

Email of Bidder Street address IFB No.

City, State, Zip-Code IFB Title

VA Contractor License No and Class Type _____________________________

Name of VA Contract Officer: Jonathan Pence, Corrections Construction Unit https://eva.virginia.gov/eva-billing.html

II SCOPE OF WORK:

Part 1, General Summary

1.1

A. Project Identification: Installation of one new parking lot and replace asphalt pavement on the existing parking lots per plans and specifications prepared by sekivsolutions, Project No. 10401, dated August 28, 2019. DEQ project VRO- 19-284, approved November 12, 2019.

B. The Project Location: Fluvanna Correctional Complex, Troy Va. 22974.

C. Owner: Virginia Department of Corrections

D. Owner’s Representative: Mikel S. Johnson, mikel.johnson@vadoc.virginia.gov

E. The Work of Project is defined by the Contract Documents and consists of the following:

1. The project is generally described as site work for one new vehicle parking lot, electrical site lighting and paint line striping as detailed on drawings and existing conditions.

2. Removal and replacement of asphalt pavement on existing parking and entrance roads to facility per industry standards of the trade.

3. Pavement milling of all contracted existing work areas.

4. Millings to be removed and disposed, off-site.

5. Maintain existing drainage grades.

6. Restripe new pavement on existing parking lots per original conditions.

F. The Project will be constructed under a single prime contract.

1.2 COORDINATION WITH FACILITES DAILY OPERATIONS:

A. Full owner occupancy: Owner will occupy the work site during the entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owners’ daily operations. Access, ingress, and egress must be always maintained to the facilities sally-port transportation gate.

B. Comply with restrictions on construction operations:

1. Comply with limitations on use of public streets, rights of way, and other requirements of authorities having jurisdiction. Maintain existing entrances and exits at State Route 250.

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Owner not less than two days in advance of proposed utility interruptions.

2. Obtain Owner’s written permission before proceeding with utility interruptions.

D. Employee Identification: All Contractor employees and sub-Contractor employees working on project site shall have photo ID and required personnel to always have available the same.

E. Contractor and Sub-Contractor Screening: Comply with Owner’s requirements for background screening of Contractor and Sub-Contractor working on site.

1. Maintain list of approved screened personnel with Owner’s representative.

1.3 INFORMATIONAL SUBMITTALS:

A. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form:

1. Name, address, telephone number, and email address of entity performing subcontract or supplying products.

mailto:mikel.johnson@vadoc.virginia.gov

2. Drawing number and detail references, as appropriate, covered by subcontract.

3. Scheduling and time allocation for each phase of work under contract.

1.4 PROJECT MEETINGS:

A. General: Engineer will schedule and conduct meeting and conferences at Project site unless otherwise indicated.

B. Preconstruction Conference: The Owner will schedule and conduct a preconstruction conference before starting construction., at a time convenient to Owner and Contactor, but no later than 15 days after execution of agreement.

1. Attendee: authorized representatives of Owner, Contractor, and its superintendent; major subcontractors;

suppliers; and other concerned parties shall attend the conference. Participants at the conference Project and authorized to conclude matters relating to the Work.

2. Agenda: Discuss items of significance that could affect progress, including the following:

a. Responsibilities and personnel assignments.

b. Tentative construction schedule

c. Phasing

d. Critical work sequencing and long lead items.

e. Designation of key personnel and their duties.

f. Lines of communication.

g. Procedures for processing field decisions and Change Orders

h. Procedures for RFI’s

i. Procedures for testing and inspecting.

j. Procedures for processing Applications for Payment.

k. Distribution of the Contract Documents.

l. Submittal procedures

m. Preparation of Record Documents

n. Use of the premises

o. Work restrictions.

p. Working hours.

q. Owners Occupancy requirements.

r. Responsibility for temporary facilities and controls

s. Procedures for disruptions and shutdowns

t. Construction waste management.

u. Parking availability.

v. Office, work, and storage areas.

w. Equipment deliveries and priorities.

x. First Aid

y. Security

z. Progress cleaning.

3. Minutes: entity responsible for conducting the meeting will record and distribute meeting minutes.

C. Progress Meetings: Owner will conduct progress meetings at regular intervals.

1 Attendees: as above 2 Agenda: Review minutes from previous meeting address any issues 3 Review progress reports 4 Review present or future needs.

5 Review pay applications 6 Schedule updating

III. SPECIAL CONDITIONS:

A. SCHEDULING WORK: The contractor shall plan and coordinate all work with the owner’s representative to expedite the work and to cause minimal disturbance of facilities and any planned activities. A work schedule shall be provided in writing on a weekly basis.

a. An overall Contractors Construction Schedule:

b. Identification of starting and ending times for each activity.

c. Float: The measure of leeway in starting and completing an activity

d. No work will be performed without proper scheduling notifications and approvals to proceed.

B. START DATE: The starting date and work scheduled shall be adhered to, and the work shall continue uninterrupted from the start date until the project is completed.

C. PROTECTION OF STATE PROPERTY: Control and confinement to designated work areas and protect all landscape areas and plantings from damage. All paved areas shall be cleaned, repaired, and lawn areas disturbed shall be top soiled, seeded and strawed.

D. TEMPORARY TOILETS AND SANITATION: - The Contractor shall provide suitable sanitary conveniences with proper enclosures for the use by the CONTRACTORS EMPLOYEES ONLY, in accordance with OSHA requirements.

Locations shall be subject to approval from the VADOC representative. On-site Sanitary conveniences shall be cleaned on a weekly basis. Toilets shall be of lockable design and remained locked when not in use.

E. METHOD OF PAYMENT: General Condition CO-7 paragraph 20, Schedule of Values CO-12A for this project. All invoices submitted following agency verification of quantities installed will be processed and payment made by EDI within the guidelines of the Code of Virginia Prompt Payment Act. Any terms included on the Contractor's invoice will have no force or effect and will in no way bind the VADOC.

IV. DGS-30-360

(Rev 07/22)

PARTICIPATION IN STATE PROCUREMENT TRANSACTIONS BY

MICRO BUSINESSES, SMALL BUSINESSES, AND

BUSINESSES OWNED BY WOMEN, MINORITIES AND SERVICE-DISABLED VETERANS

The Proposer is required to provide information concerning utilization of micro businesses, small businesses, women-owned businesses, minority-owned businesses, and service-disabled veteran-owned businesses proposed for this project as well as on past projects. Failure to complete and return this form with the response to the RFP will result in the proposing firm being considered “non-responsive”.

PART I – DEFINITIONS

The definitions below are applicable to vendors doing business with the Commonwealth of Virginia. Federal definitions shall govern with respect to meeting federally funded highway construction and other federally financed programs.

DSBSD: Virginia Department of Small Business and Supplier Diversity Historically Black Colleges and Universities: Any college or university that was established prior to 1964; whose principal mission was, and is, the education of black Americans; and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary of Education.

Micro Business: A small business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). For purposes of DSBSD micro certification, the business must have no more than 25 employees and has no more than $3 million in average annual revenue over the three-year period prior to certification.

Minority Individual: An individual who is a citizen of the United States or a legal resident alien and who satisfies one or more of the following definitions:

1. African American: A person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.

2. Asian American: A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Mariana Islands, the Philippines, a U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka, and who is regarded as such by the community of which this person claims to be a part.

3. Hispanic American: A person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.

4. Native American: A person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.

Minority-Owned Business: A business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). The Code of Virginia defines this to include businesses that are at least 51 percent owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority individuals, or any historically black college or university, regardless of the percentage ownership by minority individuals or, in the case of a corporation, partnership, or limited liability company or other entity, the equity ownership interest in the corporation, partnership, or limited

Service-Disabled Veteran: A veteran who (i) served on active duty in the United States military ground, naval, or air service,

(ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.

Service-Disabled Veteran-Owned Business: A business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). The Code of Virginia defines this to include businesses that are at least 51 percent owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans.

Small Business: A business certified by the Virginia Department of Small Business and Supplier Diversity (DSBSD) as compliant with Code of Virginia, §§ 2.2-1604 and 2.2-4310. The Code of Virginia defines a “small business” as one that is at least 51% independently owned and controlled by one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3 (§ 13.1-301 et seq.) of Title

13.1 as a nonstock corporation, controlled by one or more members, who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees or average gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners or members shall control both the management and daily business operations of

Women-Owned Business: A business certified as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD). The Code of Virginia defines this to include businesses which are at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women.

DGS-30-360

(Rev. 07/22)

OFFEROR / PROPOSER:

PART II

DATA ON FIRM SUBMITTING PROPOSAL

Firm Name: Contact Person:

Phone Number: DPOR

Registration # :

PROPOSAL FOR:

Agency: Project Title: Project

Code No.:

VA Department of PARTICIPATION STATUS: Small Business and Supplier Diversity As defined by Part I: (DSBSD) Certificate #

Is the Proposer a Micro Business? Is the Proposer a Small Business?

Is the Proposer a Woman-Owned Business? Is the Proposer a Minority-Owned Business?

Is the Proposer a Service-Disabled Veteran-Owned Small Business?

REMARKS / COMMENTS:

DGS-30-360 PART III

(Rev. 07/22) LISTING OF SMALL/DIVERSE BUSINESSES PROPOSED FOR THIS PROJECT

(Complete additional pages if needed.)

OFFEROR / PROPOSER:

Firm Name: Date Form Completed:

Contact Person:

Phone Number:

PROPOSAL FOR PROJECT:

Agency:

Project: Project Code No.:

List Offeror's plans to involve micro businesses, small businesses, businesses owned by women, businesses owned by minorities, and businesses owned by service-disabled veterans in the performance of this contract either as part of a joint venture, as a partnership, as subcontractors, as consultants, or as suppliers. Offerors are encouraged to provide additional information and expand upon the following format.

Firm Type

M ic ro B us in es s

Sm al l B us in es s

W om en -O w ne d B us in es s

M in or ity

-O w ne d

B us in es s

Se rv ic e

D is ab le d Ve te ra n- O w ne d B us in es s

Firm Name

Firm Address

Contact Person/ Phone Number

DPOR Registration # (if applicable)

DSBSD Certificate

Services or Materials Provided

Estimated Contract

Amount ...

… or % of

Total Contract

DGS-30-055 CO-7A

(Rev. 07/22) Page 1 of 8

INSTRUCTIONS TO BIDDERS

The Invitation For Bids (“IFB”) consists of the Notice, these Instructions To Bidders, the Bid Form, the Pre-Bid Question Form, the General Conditions of the Construction Contract, the Supplemental General Conditions (if any), the Special Conditions (if any), the Forms to be used, and the Scope of Work as described by the Plans and Specifications, other documents listed in the Specifications, and any addenda which may be issued, all of which request qualified bidders to submit competitive prices or bids for providing the described work of the Contract.

As used herein, the terms “bidder” and “Contractor” both shall refer to the Person submitting a bid.

eVA Vendor Registration: The bidder shall be a registered vendor in eVA. See the attached eVA Vendor Registration Requirements.

1. CONDITIONS AT SITE OR STRUCTURE: Bidders shall visit the Site and shall be responsible for ascertaining pertinent local conditions such as location, accessibility, general character of the Site, structure or building, and the character and extent of existing conditions, improvements, or work within or adjacent to the Site. No Claims shall be submitted as a result of Bidder’s failure to have done so but shall be deemed waived and will not be considered by the Owner. See Section 7 of the General Conditions entitled "Conditions at Site."

2. EXPLANATIONS TO BIDDERS: No oral explanation regarding the meaning of drawings and specifications will be made and no oral instructions will be given before the award of the Contract. The Owner shall not be responsible for any conclusions, assumptions or interpretations made by bidders during the preparation of bids that are contrary to the Drawings and Specifications and their clear intent. Discrepancies, conflicts, errors, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing to the A/E for interpretation.

Bidders must use the "Prebid Question Form" provided in the bid documents. Bidders must so act to assure that questions reach the A/E at least six (6) days prior to the time set for the receipt of bids to allow a sufficient time for an addendum to reach all bidders before the submission of their bids. If, however, there are two (2) weeks or less between the first bid advertisement and the time set for receipt of bids, then bidders must submit questions so that they reach the A/E no later than three (3) days prior to the time set for receipt of bids. Any interpretation made will be in the form of an addendum to the Specifications which will be forwarded to all bidders, and its receipt shall be acknowledged by the bidder on Bid Forms. If such discrepancies, conflicts, errors, omissions or doubts are reasonably apparent or should have been reasonably apparent to the bidder, and the bidder failed to submit questions to the A/E in the time and manner required herein and the Contract is awarded to the bidder, then any claims shall be deemed waived and the bidder shall not be entitled to additional compensation or time, or entitled to sue the Owner based on such discrepancies, conflicts, errors, omissions, or doubts.

3. TIME FOR COMPLETION:

(a) Time for Completion" shall be designated by the Owner on the Invitation for Bids or other Prebid documents and shall mean the number of consecutive calendar days following the issuance of the Notice to Proceed which the Contractor has to substantially complete all Work required by the Contract. In some instances, the Time for Completion may be stated in the form of a Contract Completion Date based on a stipulated date of Notice to Proceed.

Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion.

(b) When the Notice to Proceed is issued, it will state a Contract Completion Date, which has been set by the Owner based on date of the Notice to Proceed and the Time for Completion.

(c) The Contractor, in preparing and submitting its bid, is required to take into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather patterns which might be anticipated based on weather conditions and events for the past ten (10) years. Normal weather conditions shall be determined from the public historical records available, including the U.S.

Department of Commerce, Local Climatological Data Sheets, Oceanic and Atmospheric Administration/Environmental Data and Information Service, National Climatic Center and the National Weather Service. The data sheets to be used shall be for the locality or localities closest to the Site. No additional compensation, costs or damages will be paid to the Contractor because of normal weather conditions, including normal adverse weather to be anticipated during the Project. An extension of time for abnormal adverse weather conditions which directly impact the Work will be considered by the Owner as set

(Rev. 07/22) Page 2 of 8 forth in the General Conditions.

(d) If the Owner designates the public historical climatological records to be used to establish normal weather patterns, the bidder shall use those records in estimating and preparing its bid. If the Owner requests each bidder to indicate the weather pattern records used in preparation of a bid, each bidder may select the public historical climatological records upon which it will rely in preparing its bid. In the latter situation, each bidder shall designate in the space provided which of such climatological data records were used in preparing the bid.

A bidder's failure to designate climatological records when submitting a bid shall not disqualify a bid but shall constitute a waiver of any claim or request for an extension of time as the result of abnormal adverse weather.

In either case, the bid submitted, and the Time for Completion shall be presumed to have been based upon normal weather patterns, including normal adverse weather, as derived from the climatological records used.

4. PREPARATION AND SUBMISSION OF BIDS:

(a) Bids shall be submitted on the forms furnished, or copies thereof, and shall be signed in ink, or in the case of bids submitted electronically, signatures shall be in accordance with Code of Virginia § 59.1-479 et seq.

The Owner’s agreement to accept electronic bids, if made, will be indicated in the IFB. Erasures or other changes in a bid must be explained or noted over the signature of the bidder. Bids containing any conditions, omissions, unexplained erasures, alterations, or items not called for in the proposal, or irregularities of any kind, may be rejected by the Owner as being incomplete or nonresponsive.

(b) Each bid must give the complete legal name and full business address of the bidder and be signed by the bidder, or the bidder's authorized representative. Bids by partnerships must be signed in the partnership name by one of the general partners of the partnership or an authorized representative, followed by the designation/title of the person signing, and a list of the partners. Bids by joint ventures must be signed in the joint venture name by one of the joint venturers or an authorized representative of one of the joint venturers, followed by the designation/title of the person signing, and a list of the joint venturers. Bids by corporations must be signed with the legal name of the corporation followed by the name of the state in which it is incorporated and by the signature and title of the person authorized to bind it in this matter. The name of each person signing shall be typed or printed below the signature. A signature on a bid by a person who identifies their title as "President," "Secretary," "Agent" or other designation without disclosing the principal firm, shall be held to be the bid of the individual signing. When requested by the Owner, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. Trade or fictitious names may be referenced by using "t/a _ _ _ ," but bids shall be in the legal name of the person or entity submitting the bid.

(c) Bids with the bid guarantee shall be enclosed in a sealed envelope which shall be marked and addressed as indicated by the advertisement. If a Contract is for one hundred twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred fifty thousand dollars ($750,000) or more, the bidder is required under Code of Virginia §§ 54.1-1100, et seq., to be licensed in Virginia as a "Class A Contractor." If a Contract is for ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000), or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is one hundred fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000), the bidder is required to be licensed in Virginia as a "Class B Contractor." The bidder shall place on the outside of the envelope containing the bid and shall place in the bid over its signature whichever of the following notations is appropriate and insert its Contractor license/registration number:

Licensed Class A Virginia Contractor No. or

Licensed Class B Virginia Contractor No.

If the bidder is not properly licensed in Virginia at the time the bid is submitted, or if the bidder fails to provide this information on its bid or on the envelope containing the bid and fails to promptly provide said Contractor license number to the Owner in writing when requested to do so before the opening of bids, the bidder shall be deemed to be in violation of Code of Virginia § 54.1-1115 and its bid will not be considered.

(d) Following guidance from the Board for Contractors, the Owner may, as a part of determining whether the bidder is "responsible," require the apparent low bidder to submit a listing of its Subcontractors along with the

(Rev. 07/22) Page 3 of 8 license number and classification or specialty of each. See DEP’T OF PROF’L AND OCCUPATIONAL

REGULATION, BD. FOR CONTRACTORS’ POLICIES & INTERPRETATIONS,

No. 2959 (July 11, 2016) (“A licensed contractor may bid on work, or enter into a contract for work, which is outside the scope of [its] license classification(s) provided that [it] subcontracts that work, to properly licensed contractors, and the work of the subcontractors is incidental to the contract.”).

(e) The bidder must place its Employer Identification Number (SSN or FEIN) in the space provided on the Bid Form.

(f) Every bidder organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership must be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law. Any bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 must include in its bid the identification number issued to it by the State Corporation Commission. Any bidder 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 shall include in its bid or proposal a statement describing why the bidder is not required to be so authorized. A bidder required to be authorized to transact business in Virginia that fails to provide the required information shall not receive an award unless a waiver of this requirement and of any administrative policies and procedures established to implement Code of Virginia § 2.2-4311.2 is granted by the chief executive of the Owner.

If awarded the Contract, the bidder shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Doing so shall be deemed to be a violation of Code of Virginia § 2.2-4311.2 and the bidder understands and agrees that the Owner may void the Contract if the bidder fails to comply with this provision.

(g) Code of Virginia, § 2.2-4376.2 shall be appliable to the Work of the Contract.

5. BID GUARANTEE:

(a) Any bid (including the Total Base Bid plus all Additive Bid Items) which exceeds five hundred thousand dollars ($500,000) shall be accompanied by a Commonwealth of Virginia Standard Bid Bond, Form CO-10.2, payable to the Owner as obligee in an amount equal to five percent (5%) of the amount of the bid (the “Bid Bond”). The Owner agrees to accept a Bid Bond on which the Surety has utilized electronic signatures and/or electronic notarization if the electronic notarization meets the requirements of Virginia Code §§ 47.1-6.1, -7, and -12, and the Commonwealth of Virginia State Corporation Commission Bureau of Insurance and the Bid Bond contains any SURETY BOND SEAL ADDENDUM established by the Commonwealth of Virginia State Corporation Commission Bureau of Insurance. For construction contracts in excess of $100,000 but less than $500,000, where bid bond requirements have been waived by Owner as stated in the IFB, prospective Contractors shall be prequalified in accordance with Code of Virginia § 2.2-4317. A Bid Bond may be required for Contracts having bids of less than five hundred thousand dollars ($500,000) if such requirement is stated in the IFB. The Bid Bond must be issued by a surety company which is legally authorized by the Virginia State Corporation Commission to do surety business in the Commonwealth of Virginia. Such Bid Bond shall guarantee the following: that the bidder will not withdraw its bid during the thirty (30) day period following the date of the opening of bids; that if the bid is accepted, the bidder will enter into the Contract with the Owner described in the IFB; that the bidder can and will submit a properly executed and authorized Standard Performance Bond and Standard Labor and Material Payment Bond on the forms included in the IFB. If the bidder withdraws its bid within the thirty (day) period following bid opening, fails to enter into the Contract, or fails to provide the required Standard Performance Bond and Standard Labor and Material Payment Bond within ten (10) days after the bidder’s receipt of notice of acceptance of its bid, the bidder and the bidder’s surety shall be jointly and severally be liable to the Owner for the difference between the amount specified in the bidder’s bid and such larger amount for which the Owner may contract with another party to perform the work covered by said bid, up to the amount of the bid guarantee of 5% of the bidder’s total bid amount, as the damage to the Owner resulting from the bidder’s default. See Code of Virginia §2.2-4336.

(b) Code of Virginia § 2.2-4338 contains provisions allowing for alternative forms of bid security in lieu of a Bid Bond. A bidder’s use of an alternative form of Security as listed in Code of Virginia § 2.2-4338.B must be

(Rev. 07/22) Page 4 of 8 approved by the Owner prior to the bidder’s submission of its bid on the Bid Receipt date and time to be accepted in lieu of a Bid Bond.

(c) The Bid Bond or other alternative bid security will be returned to all but the three lowest bidders after the formal opening of bids. The remaining Bid Bonds or bid security will be returned to the bidders after the Owner and the accepted bidder have executed the Contract and the required Standard Performance Bond and the Standard Labor and Material Payment Bond for the Contract have been received and approved by the Owner.

(d) If the Contract and required bonds have not been executed by the accepted bidder within thirty (30) days after the date of the opening of the bids, then the Bid Bond or other bid security of any bidder will be returned upon a bidder’s request, provided the bidder has not been notified of the acceptance of its bid prior to the date of such request.

6. WITHDRAWAL OR MODIFICATION OF BIDS: Bids may be withdrawn or modified by written or telefaxed notice received at the designated location from bidders prior to the deadline fixed for bid receipt. E-mail withdrawals and modifications are not acceptable. The withdrawal or modification may be made by the person who signed the bid or by an individual(s) who is authorized by the bidder on the face of the bid. Written modifications may be made on the bid form itself, on the envelope in which the bid is enclosed, or on a separate document.

Written modifications, whether the original is delivered or telefaxed, must be signed by the person making the modification or withdrawal. The modification must state specifically what is to be modified and by what amount or it must state the item to be modified and what the corrected amount should be.

7. RECEIPT OF BIDS:

(a) Bids will be received at or before the date and the hour and at the place stipulated in the IFB as may be modified by subsequent Addenda.

(b) It is the responsibility of the bidder to assure that its bid and any bid modifications are delivered to the place designated for receipt of bids by the date and hour (deadline) set for receipt of bids. Therefore, it is the bidder’s responsibility to consider all factors which may impact on its bid deliverer / courier’s ability to deliver the bid and to implement whatever actions are necessary to have the bid delivered to the proper bid receipt location prior to the bid receipt deadline. No bids or bid modifications submitted or offered after the date and hour designated for receipt of bids will be accepted or considered.

(c) The Bid Officer is the Owner's representative designated to receive bids at the time and place noted in the IFB and to open the bids received at the appointed time.

(d) The official time used for the receipt of responses is determined by reference to the clock designated by the Bid Officer. The Bid Officer shall determine when the Bid Receipt Deadline has arrived and shall announce that the Deadline has arrived and that no further bids or bid modifications will be accepted. All bids and bid modifications in the possession of the Bid Officer and their assistants at the time the announcement is completed are deemed to be timely, whether or not the bid envelope has been physically date/time stamped or otherwise marked by the time the Bid Officer makes the deadline announcement.

(e) In the event the bid receipt occurs during a period of suspended state business operations, the receipt and opening will be delayed one business day.

8. OPENING OF BIDS:

(a) Bids will be opened at the time and place stated in the IFB or as modified by subsequent Addenda, and their contents publicly announced. The Bid Officer shall decide when the specified time for bid opening has arrived.

No responsibility will be attached to any officer or agent for the premature opening of a bid not properly addressed and identified. Bid opening shall be no sooner than twenty-four (24) hours after the time set for receipt of bids.

(b) The provisions of Code of Virginia § 2.2-4342, as amended, shall be applicable to the inspections of bids received.

(c) In the event the bid opening occurs during a period of suspended state business operations, the opening will be delayed until the next business day.

9. ERRORS IN BIDS: A bidder may withdraw its 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

(Rev. 07/22) Page 5 of 8 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, 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.

In accordance with Code of Virginia § 2.2-4330(B)(2), the bidder must submit to the Owner its original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. Such work papers must be submitted in an envelope or package separate and apart from the envelope containing the bid and marked clearly as to the contents and shall be delivered to the

Owner by the bidder in person or by registered mail prior to the time fixed for the opening of bids and may not be withdrawn until after the two-hour period (referred to later) has elapsed. The bids shall be opened at the time designated in the IFB, as amended by addendum. Bid opening is usually one day following the time fixed by the Owner for the submission of bids, but no sooner. Once the bids have been opened, the bidder shall have two (2) hours after the opening of bids within which to claim in writing any mistake as defined herein and withdraw its bid.

The Contract shall not be awarded by the Owner until such two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered to the Owner prior to bid opening.

This procedure in Code of Virginia § 2.2-4330(B)(2) shall not apply to when the entire bid is required to be submitted on a unit price basis.

Failure of a bidder to submit its original work papers, documents and materials used in the preparation of its bid on or before the time, date and place required shall constitute a waiver by that bidder of its right to withdraw its bid due to a mistake.

No bid may be withdrawn under this section when the result would be the awarding of the Contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5%) percent.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the Contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. The person or firm to whom the Contract was awarded, and the withdrawing bidder are jointly liable to the Owner in an amount equal to any compensation paid to or for the benefit of the withdrawing bidder without such approval.

If the apparent low bid is withdrawn under authority of this section, the lowest remaining bid shall be deemed to be the low bid on the project.

10. REJECTION OF BIDS: The Owner reserves the right to cancel the IFB, to reject any and all bids at its sole discretion when such rejection is in the interest of the Owner, or to reject the bid of any bidder who is determined to be not responsive or not responsible. See Code of Virginia § 2.2-4319.

11. DETERMINATION OF RESPONSIBILITY

Each bidder shall be prepared, if so, requested by the Owner, to present evidence of its experience, qualifications and financial ability to carry out the terms of the Contract.

Prior to award of the Contract, an evaluation will be made to determine if the low bidder has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance, and who has been prequalified, if required. Factors to be evaluated include, but are not limited to:

(a) sufficient financial ability to perform the contract as evidenced by the bidder's ability to obtain payment and performance bonds from an acceptable surety.

(b) appropriate experience to perform the Work described in the bid documents

(c) any judgments entered against the bidder, or any officers, directors, partners or owners for breach of a contract for construction.

(d) any substantial noncompliance with the terms and conditions of prior construction contracts with a public body without good cause where the substantial noncompliance is documented or;

(Rev. 07/22) Page 6 of 8

(e) a conviction of the bidder or any officer, director, partner, project manager, procurement manager, chief financial officer, or owner in the last five years of a crime relating to governmental or nongovernmental construction or contracting; and/or

(f) any current debarment of the contractor, any officer, director or owner, from bidding or contracting by any public body of any state, any state agency, or any agency of the federal government.

The Owner reserves the right to disqualify or refuse to accept the bid of any bidder who has been convicted, or entered a plea of guilty or nolo contendere, in any federal or state court to any charge involving any unlawful, corrupt or collusive practice involving a public contract whether federal, state, or local, or who has been determined in any judicial proceeding to have violated any antitrust, bid-rigging or collusive practice statute in connection with any public contract, or against whom such formal criminal prosecution or other judicial proceeding has been initiated.

A bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder shall be notified in writing in conformance with the procedures in Code of Virginia § 2.2-4359.

12. AWARD OF CONTRACT

(a) Basis for Contract Award: The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder, if any, provided its bid is reasonable and it is in the best interest of the Owner to accept it and subject to the Owner's right to reject any and all bids and to waive informality in the bids and in the bidding. The Bid Form contains a multi-part Base Bid and may contain Additive Bid Items. Determination of the lowest responsible bidder, if any, will be based on the Total Base Bid Amount entered on the Bid Form including any properly submitted bid modifications plus as many Additive Bid Items taken in sequence as the Owner in its discretion chooses to Award. Where the sum of the values entered in the multiple parts do not agree with the Total Base Bid amount, the Total Base Bid amount entered on the bid form, including any properly submitted bid modifications, shall take precedence.

In the event that the Total Base Bid from the lowest responsible bidder exceeds…