CONSTRUCTION CONTRACT

NO. 1142-03-C1

KING RIDGE

SUBSTATION

Prepared and issued by:

BVU Authority

Bristol, VA

(Buyer)

In conjunction with:

Enercon Services

Goodlettsville, TN

(Engineer)

April 2026

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SEALS PAGE

The bidding documents data contained in these Contract Documents were prepared under the supervision and direction of the undersigned, whose seal(s) as a registered professional engineer(s) is (are) affixed below.

Prepared By:

Enercon Services

Kenneth Aldridge, P.E.

Senior Substation Manager kaldridge Stamp kaldridge Stamp

Table of Contents

SEALS PAGE

DRAWING LIST – KING RIDGE SUBSTATION

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

BID FORM

BID BOND (PENAL SUM FORM)

PROPOSED SUBCONTRACTORS FORM

PROPOSED SCHEDULE OF VALUES FORM

PROPOSED EXCEPTIONS OR DEVIATIONS

DATA AND INFORMATION FORMING PART OF BID

BIDDER'S QUALIFICATIONS

BID SUBMITTAL CHECKLIST

NOTICE OF AWARD

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT

NOTICE TO PROCEED

CONTRACTOR’S APPLICATION FOR PAYMENT

FIELD ORDER FORM

WORK CHANGE DIRECTIVE FORM

CHANGE ORDER FORM

CERTIFICATE OF SUBSTANTIAL COMPLETION

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

SUMMARY OF WORK

PRICE AND PAYMENT PROCEDURES

PROJECT MANAGEMENT AND COORDINATION

SUBMITTAL PROCEDURES

QUALITY REQUIREMENTS

CLOSEOUT PROCEDURES

SUBSTATION CONTROL WIRING - 600 VAC

Technical Specifications

DIVISION 03 CONCRETE

C-03 30 00 Cast-In-Place Concrete

DIVISION 07 THERMAL AND MOISTURE PROTECTION

C-07 90 00 Joint Protection

DIVISION 9 FINISHES

C-09 91 00 Painting C-09 97 00 Special Coatings

DIVISION 31 EARTHWORK

C-31 23 35 Excavation, Trenching and Backfilling C-31 63 29 Drilled Concrete Piers and Shafts

DIVISION 32 EXTERIOR IMPROVEMENTS

C-32 15 40 Crushed Stone Surfacing

DIVISION 33 UTILITIES

C-33 44 19 Oil Containment System C-33 72 20 Substation Structures Erection C-33 72 25 Substation Equipment C-33 72 43 Substation Control Wiring – 600 VAC C-33 72 50 Substation Construction C-33 79 23 Substation Grounding

Appendix Project Drawings

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

DRAWING LIST – KING RIDGE SUBSTATION

DRAWING

NUMBER

DRAWING TITLE

1142-03-100 Single Line Diagram

1142-03-200R General Arrangement - Removal

1142-03-200 General Arrangement

1142-03-300R Electrical Equipment Plan – Removal

1142-03-300 Electrical Equipment Plan

1142-03-301R Equipment Elevations A, B, & C - Removal

1142-03-301 Equipment Elevations A, B, & C

1142-03-302 Equipment Section B, C, D, & E

1142-03-303 Equipment Sections F, G, H, & J

1142-03-400 Foundation Plan

1142-03-400R Foundation Plan - Removal

1142-03-401 Transformer Foundation A Detail

1142-03-402 Concrete Material and Construction Specifications

1142-03-403 Foundation Detail A

1142-03-404 Foundation Details B

1142-03-405 Transformer Oil Containment

1142-03-406 Transformer Oil Containment Basin

1142-03-407 Oil Containment Basin Section and Details

1142-03-500 Grounding Plan Addition

1142-03-501 Conduit Plan

1142-03-502 Conduit And Grounding Details

1142-03-503 Circuit List

1142-03-504 Oil Containment Plan Addition

1142-03-505 Oil Containment Tank Details

INVITATION TO BID

BVU Authority (Owner) invites Bidders to submit bids for the construction of the King Ridge Substation.

The project generally includes the following:

• Furnishing material and installing below grade substation facilities including foundations, grounding, conduit/cable, and oil containment system

• Installation of Owner Furnished equipment including structural steel, electrical bus/jumpers, switches, potential transformers and 69 kV circuit breakers.

The Work shall be substantially completed by September 15, 2026, and completed and ready for final payment by October 15, 2026.

Bidders shall submit one original and one duplicate of Bid per the Instructions to Bidders.

Bid security in the amount of 5 percent of the Bid must accompany the Bid in accordance with the Instructions to Bidders Owner will receive sealed bids prior to 11:00 am EST local time on May 7, 2026, at the office of the Owner:

BVU Authority 21297 Old Dominion Rd Bristol, VA 24202 Attn.: Purchasing Agent

Sealed bids may also be submitted via eVA online or by email.

If the respondent prefers to email the bid directly to the buyer, please use the following email address: responses@bvua.com

BE AWARE – FOR THE SUBMITTED BID TO BE RECOGNIZED, THE EMAIL’S

SUBJECT LINE MUST BE THE FOLLOWING: KING RIDGE SUBSTATION

CONSTRUCTION

Bids will then be opened publicly and read aloud. Bids received after the date and time specified for receipt in the solicitation shall not be considered. For late bids, the envelope shall be date and time stamped, marked “late,” and retained unopened in the procurement file. It is the Offeror’s responsibility to ensure arrival prior to the acceptance time for the ITB.

The Invitation to Bid is designed to solicit competitive responses. It shall be the offeror’s responsibility to advise the Purchasing Agent in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be received by the Purchasing Agent not later than five (5) days prior to the date set for acceptance of proposals.

A set of electronic (digital) Bid Documents may be obtained at no charge from the Engineer’s office by emailing Ken Aldridge kaldridge@enercon.com.

All questions shall be submitted no later than April 24, 2026, 11:00 EST. No responses will be provided after this time.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids; and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established.

Owner also reserves the right to waive all informalities not involving price, time, or other material changes to technical or contractual requirements.

INSTRUCTIONS TO BIDDERS

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

Prepared By

Endorsed By

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION

CONTRACT

TABLE OF CONTENTS

Page

SEALS PAGE

DRAWING LIST – KING RIDGE SUBSTATION

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

ARTICLE 2— INTERPRETATIONS AND ADDENDA

ARTICLE 3— BID SECURITY

ARTICLE 4— CONTRACT TIMES

ARTICLE 5— SUBSTITUTE AND “OR EQUAL” ITEMS

ARTICLE 6— SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 7— PREPARATION OF BID

ARTICLE 8— BASIS OF BID

ARTICLE 9— SUBMITTAL OF BID

ARTICLE 10— MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 11— OPENING OF BIDS

ARTICLE 12— BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 13— EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 14— BONDS AND INSURANCE

ARTICLE 15— SIGNING OF AGREEMENT

ARTICLE 16— SALES AND USE TAXES

BID FORM

BID BOND (PENAL SUM FORM)

PROPOSED SUBCONTRACTORS FORM

PROPOSED SCHEDULE OF VALUES FORM

PROPOSED EXCEPTIONS OR DEVIATIONS

DATA AND INFORMATION FORMING PART OF BID

BIDDER'S QUALIFICATIONS

BID SUBMITTAL CHECKLIST

NOTICE OF AWARD

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION

CONTRACT

NOTICE TO PROCEED

CONTRACTOR’S APPLICATION FOR PAYMENT

FIELD ORDER FORM

WORK CHANGE DIRECTIVE FORM

CHANGE ORDER FORM

CERTIFICATE OF SUBSTANTIAL COMPLETION

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

ARTICLE 2—PRELIMINARY MATTERS

ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL

CONDITIONS

ARTICLE 6—BONDS AND INSURANCE

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

ARTICLE 8—OTHER WORK AT THE SITE

ARTICLE 9—OWNER’S RESPONSIBILITIES

ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION

ARTICLE 11—CHANGES TO THE CONTRACT

ARTICLE 12—CLAIMS

ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF

DEFECTIVE WORK

ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 142

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION

ARTICLE 17—FINAL RESOLUTION OF DISPUTES

ARTICLE 18—MISCELLANEOUS

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

ARTICLE 1— DEFINITIONS AND TERMINOLOGY

ARTICLE 2— PRELIMINARY MATTERS

ARTICLE 3— CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

ARTICLE 4— COMMENCEMENT AND PROGRESS OF THE WORK

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 5— SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS

ENVIRONMENTAL CONDITIONS

ARTICLE 6— BONDS AND INSURANCE

ARTICLE 7— CONTRACTOR’S RESPONSIBILITIES

ARTICLE 8— OTHER WORK AT THE SITE

ARTICLE 9— OWNER’S RESPONSIBILITIES

ARTICLE 10— ENGINEER’S STATUS DURING CONSTRUCTION

ARTICLE 11— CHANGES TO THE CONTRACT

ARTICLE 12— CLAIMS

ARTICLE 13— COST OF WORK; ALLOWANCES, UNIT PRICE WORK

ARTICLE 14— TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR

ACCEPTANCE OF DEFECTIVE WORK

ARTICLE 15— PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS;

CORRECTION PERIOD

ARTICLE 16— SUSPENSION OF WORK AND TERMINATION

ARTICLE 17— FINAL RESOLUTIONS OF DISPUTES

ARTICLE 18— MISCELLANEOUS

EXHIBIT A— SOFTWARE REQUIREMENTS FOR ELECTRONIC DOCUMENT

EXCHANGE

SUMMARY OF WORK

PRICE AND PAYMENT PROCEDURES

PROJECT MANAGEMENT AND COORDINATION

SUBMITTAL PROCEDURES

QUALITY REQUIREMENTS

A. MONITOR QUALITY CONTROL OF SUBCONTRACTORS, SUPPLIERS,

MANUFACTURERS, MATERIAL, EQUIPMENT, SERVICES, SITE CONDITIONS, AND

WORKMANSHIP, TO PRODUCE WORK OF SPECIFIED QUALITY. CONDUCT FIELD

QUALITY CONTROL AND TESTING REQUIREMENTS SPECIFIED

B. COMPLY FULLY WITH MANUFACTURERS' INSTALLATION INSTRUCTIONS,

INCLUDING EACH STEP IN SEQUENCE

C. IF MANUFACTURERS' INSTRUCTIONS CONFLICT WITH CONTRACT

DOCUMENTS, REQUEST CLARIFICATION FROM ENGINEER BEFORE

PROCEEDING

D. COMPLY WITH SPECIFIED STANDARDS AS A MINIMUM QUALITY FOR THE

WORK EXCEPT WHEN MORE STRINGENT TOLERANCES, CODES, OR SPECIFIED

REQUIREMENTS INDICATE HIGHER STANDARDS OR MORE PRECISE

WORKMANSHIP

E. PERFORM WORK USING PERSONS QUALIFIED TO PRODUCE

WORKMANSHIP OF SPECIFIED QUALITY

F. SECURE MATERIAL AND EQUIPMENT IN PLACE WITH POSITIVE

ANCHORAGE DEVICES DESIGNED AND SIZED TO WITHSTAND STRESSES,

VIBRATION, PHYSICAL DISTORTION OR DISFIGUREMENT

CLOSEOUT PROCEDURES

SUBSTATION CONTROL WIRING - 600 VAC

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use.

Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office. Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in

Paragraph 2.04.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 No Pre-Bid conference will be conducted.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS;

EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE

SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

5.03 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

Contractor is responsible for all worksite safety.

5.04 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

1.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid.

Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 2—INTERPRETATIONS AND ADDENDA

2.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

2.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Ken Aldridge, email: kaldridge@enercon.com

B. Richard Adkins, email: radkins@bvua.com

2.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders.

2.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 3—BID SECURITY

3.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

3.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

3.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

3.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 4—CONTRACT TIMES

4.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

4.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 5—SUBSTITUTE AND “OR EQUAL” ITEMS

5.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

5.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 6—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

6.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

6.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for furnishing portions of the Work within five days after Bid opening. Include the name, address, description of the work, and percentage of the total contract.

6.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

6.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 7—PREPARATION OF BID

7.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink.

Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

7.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

7.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate seal must be affixed and attested by the corporate secretary or an assistant corporate secretary. The corporate address and state of incorporation must be shown.

7.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

7.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

7.06 A Bid by an individual must show the Bidder’s name and official address.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

7.07 A Bid by a joint venture must be executed by an authorized representative of each joint ventures in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

7.08 All names must be printed in ink below the signatures.

7.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

7.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

7.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

7.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 8—BASIS OF BID

8.01 Base Bid with Alternates

A. Bidders must submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.

8.02 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.03 of the General Conditions.

ARTICLE 9—SUBMITTAL OF BID

9.01 The Bid Form is to be completed and submitted in duplicate, along with the Bid Security and 2 complete copies (one marked “Duplicate”) of the documents outlined on the Bid Submittal Checklist.

9.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

9.03 Sealed bids may also be submitted via eVA online or by email.

If the respondent prefers to email the bid directly to the buyer, please use the following email address: responses@bvua.com

BE AWARE – FOR THE SUBMITTED BID TO BE RECOGNIZED, THE EMAIL’S

SUBJECT LINE MUST BE THE FOLLOWING: KING RIDGE SUBSTATION

CONSTRUCTION

9.04 Bids. received after the date and time specified for receipt in the solicitation, shall not be considered. For late bids, the envelope shall be date and time stamped, marked “late” and retained unopened in the procurement file. It is the Offeror’s responsibility to ensure arrival prior to the acceptance time for the ITB.

ARTICLE 10—MODIFICATION AND WITHDRAWAL OF BID

10.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

10.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 11—OPENING OF BIDS

11.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 12—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

12.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 13—EVALUATION OF BIDS AND AWARD OF CONTRACT

13.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

13.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

13.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

13.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

13.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 14—BONDS AND INSURANCE

14.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

14.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 15—SIGNING OF AGREEMENT

15.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner.

Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 16—SALES AND USE TAXES

16.01 Owner is exempt from Virginia state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph 7.10 of the General Conditions for additional information.

EJCDC® C-410, Bid Form for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, BID FORM

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

BVU Authority

21297 Old Dominion Rd

Bristol, VA 24202

Attn.: Purchasing Agent

Phone: 276-645-8730

Email: radkins@bvua.com

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Products and Suppliers;

D. Required Bidder Qualification Statement with supporting data;

E. Proposed Schedule of Values Form;

F. Proposed Exceptions and Deviations;

G. Bid Submittal Checklist;

H. Evidence of ability to meet insurance and bonding requirements of the General Conditions;

I. Data and Information Forming Part of Bid

ARTICLE 3—BASIS OF BID

3.01 Lump Sum Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s).

1. Lump Sum Price (Single Lump Sum) – Provide all labor and material associated with the work as outlined in the contract specifications and drawings. This Lump Sum shall include all concrete foundations.

Total Bid Price (Lump Sum)

Total Lump Sum Bid Price

[BID PRICES ABOVE EXCLUDES SALES AND USE TAX.]

TIME OF COMPLETION

3.02 Bidder agrees that the Work will be substantially complete on or before September 15, 2026, and will be completed and ready for final payment in accordance with Paragraph

15.06 of the General Conditions on or before October 15, 2026.

3.03 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 4—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD,

INSTRUCTIONS, AND RECEIPT OF ADDENDA

4.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

4.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

4.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 5—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

5.01 The following documents are attached to and made a condition of this Bid:

A. Proposed Exceptions and Deviations

B. Required Bidder Qualification Statement with supporting data

C. Certifications or evidence of ability to meet bonding and insurance requirements of the General and Supplementary Conditions

D. If necessary, identify any Attachments by Bidder that are to be made part of its Bid

E. The Bidder shall furnish with its Proposal a bill of materials that shall be complete and include material descriptions, quantities, weights, manufacturer names, and catalog types. The bill of materials shall be submitted for the Owner’s analysis of bids only and shall not become part of the bound Procurement Contract Documents.

ARTICLE 6—BIDDER’S ACKNOWLEDGMENTS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site;

information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made

(a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

B. Each recipient or subrecipient certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an employee of a federal agency, a Member of Congress, an employee of Congress, or an employee of a Member of Congress in connection with receiving any federal contract, grant, or other award covered by 31 U.S.C. § 1352.

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: Project (name and location):

Address (principal place of business):

Bid Due Date:

Bond

Penal Sum:

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability.

Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length.