INVITATION FOR BID DOCUMENTS

for

W. Broad Street & Arch Avenue

Traffic Signal Replacement

CITY OF WAYNESBORO

INVITATION FOR BID #01-2026

eVA ID: 128712

NIGP Codes: 55085, 55088, 55089, 91361, 91371, 91430, 96877, 96880, 96882

September 23, 2026

PREPARED FOR:

City of Waynesboro

503 W. Main St.

Waynesboro, VA 22980

PREPARED BY:

Timmons Group

608 Preston Ave

Suite 200

Charlottesville, VA 22903 i

Invitation for Bid #01-2026

W. Broad St. & Arch Ave. Traffic Signal Replacement City of Waynesboro Invitation for Bid #01-2026

TABLE OF CONTENTS

1.0 DESCRIPTION OF THE PROJECT

2.0 INSTRUCTIONS TO BIDDERS

2.1 DUE DATE AND PLACE OF BID OPENING

2.2 INVITATION FOR BID DOCUMENTS

2.3 REQUESTS FOR INTERPRETATION OF BID DOCUMENTS AND INVITATION

FOR BID ADDENDA

2.4 CONTRACTOR BUSINESS LICENSE

2.5 RESPONSIBILITY OF BIDDER

2.6 FORM OF BID

2.7 BID GUARANTY

2.8 DELIVERY OF BID

2.9 OMISSIONS AND DISCREPANCIES

2.10 REJECTION OF BID

2.11 SUBCONTRACTORS

2.12 ACCEPTANCE OF BID AND ITS EFFECT

2.13 DISABILITY PROVISION

2.14 QUALITY EXPECTATION STATEMENT

2.15 BIDDER QUALIFICATIONS/REFERENCES

2.16 PROPRIETARY INFORMATION

2.17 VDOT PREQUALIFICATION

2.18 CONFLICT BETWEEN STATE, LOCAL, AND FEDERAL

2.19 DISADVANTAGED BUSINESS ENTERPRISES (DBE) POLICY STATEMENT . 8

2.20 OFFICE CLOSURE

2.21 AWARD NOTIFICATION

2.22 DISCREPANCIES BETWEEN WORDS AND NUMERALS

2.23 AMENDMENTS OR REQUESTS TO WITHDRAW BIDS BY A BIDDER PRIOR

TO OPENING

BID FORM

UNIT PRICES

BID BOND

AGREEMENT

CHANGE ORDER

BONDS

PERFORMANCE BOND

LABOR AND MATERIAL

PAYMENT BOND

INSURANCE

3.0 GENERAL CONDITIONS

3.1. DEFINITIONS

3.2 AGREEMENT CONSTRUED UNDER VIRGINIA LAWS

3.3 ASSIGNMENT OF AGREEMENT

ii

3.4 SERVING OF NOTICE

3.5 LAWS AND REGULATIONS

3.6 COMPLIANCE WITH SAFETY AND HEALTH LAWS

3.7 JOB SAFETY

3.8 SANITARY PROVISIONS

3.9 CLEAN UP OF JOB SITE

3.10 PERMITS

3.11 CONTRACT BONDS

3.12 INSPECTOR

3.13 SUPERINTENDENT

3.14 MATERIALS AND WORKMANSHIP

3.15 NO DEVIATION FROM CONTRACT DOCUMENTS BY THE CONTRACTOR 33

3.16 INTERPRETATION OF CONTRACT DOCUMENTS

3.17 DISCREPANCIES

3.18 CONFLICTS WITH LAWS, RULES OR REGULATIONS

3.19 CONTRACTOR'S RESPONSIBILITY FOR THE WORK

3.20 INCREASED OR DECREASED WORK

3.21 CHANGE OF PLANS

3.22 CERTIFICATION OF MATERIALS

3.23 CORRECTION OF WORK

3.24 EXISTING STRUCTURES

3.25 CARE FOR EXISTING STRUCTURES

3.26 SUBSURFACE CONDITIONS

3.27 INDEPENDENT TESTING

3.28 EXTRA WORK

3.29 PROGRESS OF THE WORK

3.30 TIME OF COMPLETION

3.31 TERMINATION FOR BREACH OF NON-PERFORMANCE

3.32 WAIVER OF ONE BREACH NOT WAIVER OF OTHERS

3.33 LIQUIDATED DAMAGES

3.34 SHOP DRAWINGS

3.35 FINAL INSPECTION

3.36 USE OF WORK

3.37 PAYMENT

3.38 SALES AND USE TAXES

3.39 MONTHLY ESTIMATES

3.40 PARTIAL PAYMENT NO WAIVER OF RIGHTS

3.41 FINAL ACCEPTANCE

3.42 FINAL PAYMENT

3.43 RIGHT TO AUDIT PROVISION

3.44 WARRANTY PERIOD

3.45 DRUG FREE WORKPLACE (Code of Virginia, Section 2.2-4312, as amended)

3.46 PROCEDURES FOR CLAIMS AND DISPUTES

3.47 PROGRESS MEETINGS

3.48 CONTRACTOR BACKGROUND CHECKS

3.49 VENDOR REWARDS/GIFT PROGRAMS

3.50 UNAUTHORIZED ALIENS

iii

3.51 CONTRACTOR’S AUTHORIZATION TO TRANSACT BUSINESS

3.52 FEDERALLY FUNDED PROJECTS

3.53 DEBARMENT STATUS

3.54 MANDATORY USE OF TERMS AND CONDITIONS FOR BIDS

3.55 CLARIFICATION OF TERMS

3.56 PRECEDENCE OF TERMS

3.57 CHANGES TO THE CONTRACT

3.58 DEFAULT

3.59 ANNOUNCEMENT OF AWARD

3.60 AVAILABILITY OF FUNDS

3.61 BID PRICE CURRENCY

3.62 CIVILITY IN CITY WORKPLACES

4.0 SUPPLEMENTAL CONDITIONS

4.1 PROJECT FUNDING

4.2 STANDARDS AND REFERENCE DOCUMENTS

4.4 LIQUIDATED DAMAGES

4.5 PROJECT STATUS

4.6 PRE-CONSTRUCTION MEETING

4.7 PROGRESS SCHEDULE

4.8 PLAN OF OPERATIONS

4.9 SCHEDULE OF VALUES

4.10 PROGRESS MEETINGS

4.11 QUALITY CONTROL INSPECTION SERVICES

4.12 CONSTRUCTION SURVEY

4.13 SIGNAGE

4.14 WORK ZONE LAYOUTS

4.15 BORROW MATERIAL AND DISPOSAL OF EXCESS MATERIAL

4.16 NORMAL WORKING HOURS

4.17 BID REQUIREMENTS

4.18 ALLOWANCE ITEMS

4.19 PERMITS

4.20 MISS UTILITY

4.21 ESTABLISHMENT OF GRASS

4.22 WORK IN THE VICINITY OF UTILITIES

4.23 DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL

4.24 AS-BUILT PLANS

4.25 EXCAVATION AND EARTHWORK

4.28 WORKING IN VICINITY OF EXISTING WATERLINE

4.29 ENGINEER’S ESTIMATED QUANTITIES:

1.0 DESCRIPTION OF THE PROJECT

The W. Broad St. & Arch Ave. Traffic Signal Replacement involves the removal of the existing traffic signal poles, foundations, and mast arms and installation of a new traffic signal including the pole, mast arm, foundation, signal heads, wiring, and signs. This traffic signal is also used as an emergency signal for the Waynesboro Fire Station #1 and the Waynesboro First Aid Crew (EMS). The emergency signal and traditional traffic signal operations are controlled from one cabinet at the SE corner of W. Broad St. & Arch Ave.

This project includes any work needed to integrate the traditional and emergency traffic signal operations into one cabinet.

The work will include demolition of concrete, signage & pavement markings, traffic signal pole installation, installation of traffic signal heads, installation of junction boxes, installation of signal wire and conduit to the existing signal cabinet, and other items necessary for the completion of the work as shown in the plan set.

This project uses 100% local funding from the City of Waynesboro (no State or Federal funding is involved). This project will be owned and operated by the City using the 2020 VDOT Road and Bridge Standards and the 2016 VDOT Road and Bridge Specifications to govern quality control and construction materials.

2.0 INSTRUCTIONS TO BIDDERS

2.1 DUE DATE AND PLACE OF BID OPENING

Sealed paper bids, subject to the specifications and conditions contained herein and attached hereto, will be received in the City of Waynesboro City Hall, 503 W. Main St.

Waynesboro, VA 22980, until but no later than 2:00 p.m. local time prevailing, October 20, 2026, and then publicly opened and read immediately thereafter for the following:

2.2 INVITATION FOR BID DOCUMENTS

The City of Waynesboro Invitation for Bid (IFB) No. for this project is: #01-2026

The IFB documents can be shared via the following method:

A. Upon request, electronic documents will be provided via e-mailed download link File

Transfer at no cost to the bidder. Please email Thomas.Ruff@Timmons.com and Evan.Robohm@Timmons.com for a link to download the bid documents and plans.

Electronic Documents: Project documents (Invitation for Bids, Project Manuals, Drawings, and any other applicable documents) provided electronically are solely for use by the Bidder for the convenience of preparing a bid response for the project. Electronic documents shall not be altered, and shall not be reproduced for any purpose other than the express purpose stated above. Any conclusion or information obtained or derived from such electronic files will be at the Bidder’s risk. If there is a discrepancy between the electronic files and the hard copies on file with the City, the hard copies govern. If CAD files are available, the City does not release, nor authorize its engineering and design consultants to release them prior to execution of the Notice to Proceed.

Contractors must be on VDOT's current Pre-qualified list at the time/ date set for the opening of bids in order to be eligible for this contract.

Attention is drawn to the requirement for submission of VDOT Forms C-48, C-49 (if applicable), C-104, C-105, C-111, and C112 along with the Bid Form and Bid Bond for this Invitation for Bids. Failure to do so may result in rejection of your bid.

Please direct any and all questions regarding the Invitation for Bid and/ or Invitation for Bid Documents in writing to Timmons Group, Thomas Ruff at Thomas.Ruff@Timmons.com.

mailto:Evan.Robohm@Timmons.com

2.3 REQUESTS FOR INTERPRETATION OF BID DOCUMENTS AND INVITATION FOR

BID ADDENDA

Any and all questions and/ or requests for interpretation of bid documents must be submitted in writing to Timmons Group, Thomas Ruff at Thomas.Ruff@Timmons.com by 5:00 PM on September 30, 2026. [ER1]

Unless otherwise altered by addenda, the last official addendum shall be issued by 5:00 PM on October 7, 2026. [ER2][EH3]

2.4 CONTRACTOR BUSINESS LICENSE

In accordance with 23 CFR 635.110 and the Code of Virginia Section 54.1-1100 as amended, contractors that for a fixed price, commission, fee, or percentage undertake to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvement to such real property, are required to hold a business license issued by the Virginia Board for Contractors, phone (804) 367- 8511. All Bidders shall obtain the required license prior to submission of a bid or be able to obtain the required license subsequent to award of the contract in order for the bid to be considered. The successful bidder shall provide evidence of the required license prior to the City executing this contract, if not provided prior to submission of a bid.

Class of License Definitions:

Class A Contractor – perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $120,000 or more, or

(ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is $750,000 or more.

Class B Contractor – perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $10,000 or more, but less than $120,000, or (ii) the total value of all such construction, removal, repair or improvements undertaken by such person within any 12-month period is $150,000 or more, but less than $750,000.

The Contractor license shall have the appropriate specialty classification that is predominant for the respective work.

Contractor is required to possess a Class A/B Contractor’s Business License for this project.

mailto:Thomas.Ruff@Timmons.com

2.5 RESPONSIBILITY OF BIDDER

The Bidder shall make a careful examination of the project site, shall familiarize itself with existing conditions, and shall satisfy itself as to the quantity and quality of materials and workmanship required for the Work. The Bidder shall carefully and thoroughly examine the Plans, General Conditions, Technical Specifications, Bid Form, Agreement, Forms of Bonds and all other documents included in the Invitation for Bid before submitting a Bid.

In order to be given consideration, requests for interpretation of bid documents must be submitted in writing to the Engineer by the date and time specified in the Supplemental Conditions. Any and all such interpretations and any supplemental instructions provided by the Engineer will be in the form of written addenda to the Invitation For Bid. The Engineer will endeavor to send addenda by e-mail, mail, or fax to the prospective bidders at respective numbers/addresses furnished by the bidders for such purposes; however, each bidder is solely responsible for obtaining all addenda. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under the bid as submitted. All addenda so issued shall become part of the contract documents.

The submission of a Bid shall constitute a warranty by the Bidder that it has complied with the requirements of this paragraph. The Bidder is bound by the bid and its bid reflects an affirmative representation that it has examined the project thoroughly.

2.6 FORM OF BID

All Bids must be made on the Bid Form contained herein. The Bidder shall type or write in ink, both in words and in numerals, the price for which he proposes to furnish all materials, plant, equipment, tools, sheeting or bracing, scaffolds and other facilities; and to perform all labor and services necessary or proper for the completion of the work in strict accordance with the true intent of the Plans and Invitation for Bid Documents, and subject at all times to the approval of the Engineer. All bids shall be signed in the space provided for a signature on the cover sheet and returned. If the bidder is a partnership or corporation, the bidder shall show the title of the individual signing the bid, and if the individual is not the president or vice president of the partnership or corporation, if requested, the bidder shall submit proof that the individual has the authority to bind the partnership or corporation.

No interlineation, alteration or erasure of the Bid will be accepted. No oral, telegraphic, or telephonic proposals, modifications, or interpretations will be considered. Bids concerning separate bid invitations, must not be combined on the same form or placed in the same envelope. Bids submitted in violation of this provision may not be considered.

2.7 BID GUARANTY

Each bid shall be accompanied by a bid bond from a Surety company satisfactory to the City Attorney, or his designee, or a Certified or Cashier’s Check, made payable to:

Treasurer, City of Waynesboro, in an amount equal to five percent of the total bid price.

Attorneys-in-fact who sign Bid Bonds must file with each bond a certified and effective dated copy of their power of attorney. Each Bid Bond and the accompanying power of attorney should bear the same date. In case of the failure of the bidder to execute the contract within the prescribed time, the City may, at its option consider the bidder in default, in which case the bid bond accompanying the bid shall become the property of the City.

2.8 DELIVERY OF BID

Proposals may be submitted electronically via eVA, the Commonwealth of Virginia’s e- Procurement Portal (https://eva.virginia.gov).

Alternatively, one (1) paper copy of a sealed proposal may be sent by U.S. Mail or another carrier.

Proposals may be deposited into a gray mailbox located in front of the Yancey Building -on the corner of 503 W. Main St. and Wayne Avenue.

Paper Bids shall be submitted in a sealed envelope with the IFB number and due date and time written on the outside of the envelope. The time of receipt shall be determined by the time clock stamp in the Procurement Department. Bidders are responsible for ensuring that bids are stamped by Procurement Department personnel before the deadline. Late bids shall be rejected. Bids or changes to bid responses may be submitted with a hard paper copy or electronically; however, an original paper copy is required.

2.9 OMISSIONS AND DISCREPANCIES

Should a Bidder find discrepancies in, or omissions from, the plans or other Invitation for Bid Documents, or should he be in doubt as to their meaning, he shall at once notify the Engineer who may issue a written instruction to all Bidders.

2.10 REJECTION OF BID

The Owner reserves the right to waive irregularities and technicalities and to reject any and/or all Bids. Without limiting the generality of the foregoing, any Bid which is incomplete, obscure, or irregular may be rejected; any Bid having interlineation, erasures or corrections may be rejected; any Bid accompanied by an insufficient or irregular certified check or Bid Bond may be rejected. Not more than one Bid from any individual, firm, partnership, or corporation, under the same or different names, shall be submitted. Reasonable grounds for believing that any Bidder is interested in more than one Bid on the same project will cause the rejection of all Bids in which the Bidder is interested.

2.11 SUBCONTRACTORS

The Bidder's attention is called to the requirement that not more than fifty (50) percent of the construction, labor, and services necessary to construct the improvements defined in these Invitation for Bid documents shall be subcontracted. The amount of any subcontract proposed by any bidder shall be provided to the City upon request.

Form FHWA-1273 must be physically incorporated in each subcontract and each lower tier subcontract. Each subcontractor is required to be insured. Copies of subcontracts and proof of insurance must be provided to City of Waynesboro prior to that subcontractor beginning work on the Project.

2.12 ACCEPTANCE OF BID AND ITS EFFECT

The Contract, if awarded, will be to the lowest responsive and responsible Bidder whose Bid complied with the requirements of the Owner. All bids submitted shall be binding for sixty (60) calendar days following the bid opening date. The Owner will either award the project or reject all Bids received within the sixty (60) calendar days after the formal https://eva.virginia.gov/ opening of Bids. The acceptance of a Bid will be a written Notice of Award, signed by the Owner, and no other act shall constitute the acceptance of a Bid. The bid shall be deemed accepted by the City upon mailing of the Notice of Award.

The successful Bidder shall execute four (4) copies of the Agreement and furnish satisfactory Performance Bond, Labor and Material Payment Bond, and necessary certificates of insurance within fifteen (15) days after Notice of Award. Failure to so execute the Agreement will result in forfeiture of the Bidder's claim to the work and his Bid Bond or guarantee will be retained by the Owner to the extent necessary to make up the difference between the Bid and the second low bid.

2.13 DISABILITY PROVISION

If you are an individual with a disability and require a reasonable accommodation, please notify the City of Waynesboro three working days prior to need.

2.14 QUALITY EXPECTATION STATEMENT

City of Waynesboro, through its quality initiative, is a recognized leader in providing quality products and services at the most effective cost possible. Therefore, the City fully expects, requires, and shall hold all Contractors, and all agents, staff, representatives, and subcontractors of the Contractor, responsible for, and accountable to, the highest quality standards of professional workmanship, products and services. In the spirit of the City's quality initiative, the Contractor shall be expected to become a member of the team and perform or provide all work, services and products with a target of "zero defects - zero rework".

2.15 BIDDER QUALIFICATIONS/REFERENCES

The City reserves the right to request bidder(s) to furnish a written statement of their qualifications and/or to provide a list of references. The City may contact all references furnished by bidder(s). The right is further reserved by the City to contact references other than, and/or in addition to, those furnished by the bidder.

If a bidder maintains VDOT Prequalification, they may not be disqualified based on experience or references. The City will only be allowed to award to the lowest responsive responsible bidder. VDOT must concur with the disqualifications.

2.16 PROPRIETARY INFORMATION

Code of Virginia Section 2.2-4342(F) as amended, states: “Trade secrets or proprietary information submitted by a bidder, offeror, or Contractor in connection with a procurement transaction or prequalification application submitted pursuant to subsection B of 2.2-4317 shall not be subject to the Virginia Freedom of Information Act (2.2-3700 et seq.); however, the bidder, offeror, or Contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary.” If the exemption from disclosure, provided by Code of Virginia Section 2.2-4342(F) as amended, is not properly invoked then the bids will be subject to disclosure pursuant to applicable law.

2.17 VDOT PREQUALIFICATION

All bidders must have VDOT Prequalification at the time of submission of the bid. Vendors who are (at the time of the bid opening) debarred, suspended from federal aid work, or lack VDOT Prequalification, are not eligible for selection of the project.

2.18 CONFLICT BETWEEN STATE, LOCAL, AND FEDERAL

If a conflict should arise between state, local, and federal code, the federal-aid position must be taken, unless a more conservative approach is available.

2.19 DISADVANTAGED BUSINESS ENTERPRISES (DBE) POLICY STATEMENT

It is the policy of City of Waynesboro that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 must have the maximum opportunity to participate in the performance of federal contracts. A list of Virginia Department of Small Business and Supplier Diversity (DSBSD) certified DBE firms is maintained on their web site (http://www.SBSD.virginia.gov) under the DBE Directory of Certified Vendors and a list of Metropolitan Washington Airports Authority certified DBE firms are maintained on their web site (http://www.metwashairports.com) under DBE Directory. Contractors are encouraged to take all necessary and reasonable steps to ensure that DBE firms have the maximum opportunity to compete for and perform services on the contract, including participation in any subsequent supplement contracts. If the contractor intends to subcontract a portion of the services on the project, the contractor is encouraged to seek out and consider DBEs as potential subcontractors. The contractor is encouraged to contact DBEs to solicit their interest, capability and qualifications. Any agreement between a contractor and a DBE whereby the DBE promises not to provide services to other contractors is prohibited.

The DBE requirement for this project is 0%.

2.20 OFFICE CLOSURE

In the event that City of Waynesboro government offices are not operating under normal staffing levels or if the location for bid submission or bid opening is inaccessible due to inclement weather or other emergency situations at the published time, the bid submission or bid opening will default to the next regular business day at the same time.

2.21 AWARD NOTIFICATION

For information pertaining to the bid tabulation, decision to award and/or award of this procurement transaction, bidder may access public notification electronically on the City website.

2.22 DISCREPANCIES BETWEEN WORDS AND NUMERALS

Discrepancies between words and numerals will be resolved in favor of words. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

2.23 AMENDMENTS OR REQUESTS TO WITHDRAW BIDS BY A BIDDER PRIOR TO

OPENING

A bidder may amend and/or withdraw their bid before the due date and time designated for receipt of bids. All requests from a bidder to return their bid shall be in writing, addressed to the Procurement Department, and signed by a person authorized to represent the person or firm that submitted the bid. The bidder may be contacted by telephone to verify the authorization of the return request and the signature involved if there is doubt as to the document’s authenticity. All amendments to the bid are to be initialed by an individual authorized to represent the bidder.

http://www.sbsd.virginia.gov/ http://www.metwashairports.com/

BID FORM

To: City of Waynesboro

For the Construction of: W. Broad St. & Arch Ave. Traffic Signal Replacement

The undersigned Bidder has carefully examined the site of work, the Plans, the General

Conditions, Technical Specifications, Supplemental Conditions, the Agreement, the Form of

Performance and Labor and Material Payment Bonds and all other documents included in the

Invitation for Bid for the construction of the above named project, and in compliance with this

Invitation for Bid Document will provide all the necessary machinery, tools, apparatus, and other means of construction, and do all the work and furnish all materials called for in accordance with the requirements of the City and the true intent of the Contract Documents, and with an anticipated Notice to Proceed date in November 2026 and will complete the project within

9 months (270 calendar days) of the Notice to Proceed date – tentatively July 2027.

For the Total Sum of:

( ) DOLLARS

The undersigned Bidder further understands that all supplies and materials covered by this Bid shall be new and of the best quality and the highest grade workmanship. The Bidder certifies by the submission of this Bid that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services shipped or ordered as a result of this

Bid. The successful Bidder shall, at his own expense, defend any and all actions or suits charging such infringements, and will save City of Waynesboro, its officers, employees, and agents harmless from any and all liability, loss, or expense occasioned by any such violation.

The Bidder acknowledges receipt of the following Addenda:______________________________

Accompanying this Bid is a Bid Bond/certified check in the amount of _________________ payable to Treasurer, City of Waynesboro, which is to be forfeited to the extent necessary to make up the difference between the Bid and the second low bid, or if the undersigned shall fail to execute the Agreement and furnish satisfactory Performance and Labor and Material Payment Bonds under the conditions and within the time specified.

The undersigned Bidder agrees to begin the work not later than ten (10) days after the date specified in the Notice to Proceed and to prosecute the work in such manner as to complete it within the time limit as set forth above. In the event the said work is not completed within the time limit above stated, Bidder shall be liable and hereby agrees to pay the Owner as liquidated damages and not as a penalty the sum specified as liquidated damages in the Supplemental Conditions per calendar day for each and every day that the said work remains incomplete after the expiration of the Final completion date.

Award of this bid shall be made to the lowest responsive and responsible bidder based upon the total sum provided on the Bid Form.

CONTRACTOR’S AUTHORIZATION TO TRANSACT BUSINESS

In accordance with the Virginia State Corporation Commission Registration requirement in paragraph 66 of the General Conditions, the bidder shall check one of the following. The bidder is:

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

_________________ -OR-

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

**NOTE** Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids. No award shall be issued to a bidder who fails to provide the required information unless a waiver of these requests is granted by the chief executive of the local governing body (the City reserves the right to determine in its sole discretion whether to allow such waivers):

CERTIFICATION OF NON-COLLUSION AND SIGNATURE SHEET

This sheet must be signed and submitted with bid in order for bid to be considered.

My signature below certifies that:

• I agree to abide by all conditions of this bid and that I am authorized to sign this bid;

• the accompanying bid is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under § 18.2-498 of the Code of Virginia. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards; and

• the accompanying bid is in compliance with applicable provisions of the State and Local

Government Conflict of Interests (§ 2.2-3100 et. seq. of the Code of Virginia). Specifically, without limitation, no City/School Board employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract.

• the accompanying bid is in accordance with applicable provisions of the Virginia Public

Procurement Act, Art. 6 Ethics in Public Contracting (§§ 2.2-4367 et. seq. of the Code of

Virginia), and any other applicable law as set forth therein.

Complete Legal Name of Firm: _________________________________________________

Check One: ___Individual ____Partnership ____Corporation ____LLC ____Joint Venture

Mailing Address: _________________________________________________

Remit To Address: _________________________________________________

Signature: ___________________________________________________________________

Name (type/print): ________________________Title:________________________________

Email Address: ________________________________________________________________

Fed ID No.: _______________Phone (____)_________________Fax (____)_______________

We hereby provide the following information to City of Waynesboro regarding our business.

We understand that it is provided for statistical purposes only and all firms submitting bids will receive equal consideration.

Minority-Owned Business: Yes ______ No ______

Women-Owned Business: Yes ______ No ______

City of Waynesboro Business: Yes ______ No ______

Service-Disabled, Veteran-Owned Business: Yes ______ No ______

Small Business: Yes ______ No ______

UNIT PRICES

Bids shall be UNIT PRICE and shall include ALL WORK necessary to complete the project to the full intent of the plans and accompanying bid documents. Estimated quantities are provided, but are not intended to over-ride information shown on the Plans, and do not include all incidentals necessary to complete the work. The total price provided by the bidder includes all material quantities required to perform the project. Allowance items are identified in Section 4.18 and are intended to represent conditions expected to be encountered in the project. Allowance items will be tracked, and the Owner will pay extra for or be provided a credit for the over-runs or under-runs of these items at the unit prices quoted herein.

In the event that a Change Order becomes necessary during the life of the project, the Contractor will be paid extra or shall credit the Owner, as the case may be, on the basis of the unit prices quoted herein; these quantities are not to be used for routine over-runs or under-runs, unless the change is so significant as to justify a Change Order as defined in Section 3.28. Prices shall include all overhead, profit, labor, materials, equipment and incidental work and shall be the sum total compensation payable or creditable for such items of work in place. These unit prices shall be good for the duration of the contract.

Items listed below may or may not be on the bid plans. Unit prices shall be provided for each item.

If a change order is required during construction that utilizes an item denoted as N/A or a unit price that is otherwise rejected, the price for that work will be determined through coordination between the City, Engineer, and VDOT. Bids may be deemed unresponsive if a unit price is not provided for every item listed on the bid form.

Line No.

VDOT

Item No.

VDOT

Spec.

No.

Item Description Quantity Unit Unit Price

1.

513SD20-

513 MOBILIZATION 1 LS N/A

2.

517SD20-

517 CONSTRUCTION SURVEYING 1 LS N/A

3.

703SX20-

703 MATERIALS TESTING 1 LS N/A

4.

301SD20-

301 CLEARING AND GRUBBING 1 LS $______________

5.

512SP20-

512 NS MAINTENANCE OF TRAFFIC 1 LS $______________

6.

701SD20-

701 SIGN PANEL 10 SF $______________

7.

704SD20-

704 TYPE A PVMT LINE MRKG 4" 20 LF $______________

8.

704SD20-

704 TYPE B CLASS II PAVE. LINE MARKING 24" 12 LF $______________

9.

605SX20-

605 NS LANDSCAPE - RESTORE DISTURBED AREA 1 LS $______________

10.

705SX20-

705 NS LUMINAIRE 1 EA $______________

11.

700SD20-

700 LUMINAIRE ARM 12' 1 EA $______________

12.

700SD20-

700 14/7 CONDUCTOR CABLE 440 LF $______________

13.

700SD20-

700 14/3 CONDUCTOR CABLE 315 LF $______________

14.

700SD20-

700 12/1 CONDUCTOR CABLE 60 LF $______________

15.

700SD20-

700 CONCRETE FOUNDATION SIGNAL POLE PF-8 10 CY $______________

16.

700SD20-

700 MAST ARM 75' CASE 2 LOADING 1 EA $______________

17.

703SD20-

703 HANGER ASSEMBLY SM-3, ONE WAY 3 EA $______________

18.

703SD20-

703 HANGER ASSEMBLY SM-3, TWO WAY 2 EA $______________

19.

703SD20-

703 EVP DETECTION SYSTEM 3-WAY 1 EA $______________

20.

703SD20-

703 EVP DETECTOR CABLE 315 LF $______________

21.

703SD20-

703 VIDEO DETECTION CAMERA 3 EA $______________

22.

703SD20-

703 VIDEO DETECTION CABLE 290 LF $______________

23.

700SD20-

700 JUNCTION BOX JB-S3 1 EA $______________

24.

700SD20-

700 3" PVC CONDUIT 36 LF $______________

25.

700SD20-

700 2" PVC CONDUIT 6 LF $______________

26.

700SD20-

700 TRENCH EXCAVATION ECI-1 64 LF $______________

27.

703SD20-

703 REMOVE EXISTING POLE 2 EA $______________

28.

703SD20-

703 REMOVE EXISTING FOUNDATION 2 EA $______________

29.

510SX20-

510 NS REMOVE EXIST. SIGNAL CABLE 1010 LF $______________

30.

510SX20-

510 NS REMOVE EXIST. SIGNAL CONDUIT 24 LF $______________

PAGE INTENTIONALLY BLANK

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ______________________

________________________________________________________________as Principal, and

____________________________________________________________as Surety, are hereby held and firmly bound unto City of Waynesboro, Virginia as owner in the penal sum of

____________________________________________________ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this ________ day of ___________________ , 20__. The Condition of the above obligation is such that whereas the Principal has submitted to City of Waynesboro, Virginia a certain BID, attached hereto and hereby made a part hereof to enter into an Agreement in writing, for the construction of

W. Broad St. & Arch Ave. Traffic Signal Replacement.

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver an Agreement in the form attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Agreement, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all respects perform the Agreement created by the acceptance of said BID, then this obligation shall be void;

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

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

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

Principal

Surety

By: __________________________________

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

AGREEMENT

THIS AGREEMENT, made this by and between the City of Waynesboro, Virginia, hereinafter called "OWNER" and ___________________ doing business as

____________________________________________________ (an Individual) or (a Partnership) or

(a Corporation) hereinafter called "CONTRACTOR".

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete construction of:

City of Waynesboro Invitation for Bid #01-2026

2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the complete construction of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within Ten (10) calendar days after the date of the NOTICE TO PROCEED and will complete the same by not later than 9 months (270 calendar days) after NOTICE TO PROCEED unless the date for completion is extended otherwise by the CONTRACT DOCUMENTS.

4. The CONTRACTOR shall perform all of the WORK described in the CONTRACT DOCUMENTS and shall comply with the terms therein for the sum of:

5. The term "CONTRACT DOCUMENTS" means and includes the following:

(A) Instructions to BIDDERS

(B) BID FORM

(C) BID BOND

(D) Agreement

(E) General Conditions

(F) Supplemental Conditions

(G) Labor and Material Payment BOND

(H) Performance BOND

(I) Change Order(s)

(J) DRAWINGS prepared by Timmons Group

(K) SPECIFICATIONS dated October 2024

(L) ADDENDA:

No. , dated , 20____.

No. , dated , 20____.

6. The OWNER shall pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.

7. The undersigned Contractor shall indemnify and hold the City of Waynesboro, Virginia (the "City"), and its officers, agents, and employees, and the Virginia Department of Transportation (VDOT) harmless from and against all claims, damages, losses and expenses including attorneys’ fees arising out of or resulting from the performance or nonperformance of the work, including but not limited to any such claim, damage, loss or expense, that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, or to economic loss; provided, however, that the Contractor's indemnification obligation under this agreement shall be limited to claims, damages, losses, and expenses caused in whole or in part by any act or omission of the Contractor, or any Subcontractor (a "Subcontractor") performing work required by the Contract, or anyone directly or indirectly employed by any of them or anyone for whose acts Contractor or its Subcontractor may be liable. Contractor, or any Subcontractor may be liable, regardless of whether or not such claims, damages, losses, and expenses are caused in part by a party indemnified hereunder.

The Contractor's indemnification obligation hereunder with respect to any and all claims against the City or any of its officers, agents or employees, or VDOT by any employee or statutory employee of the Contractor, or of any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts the Contractor or Subcontractor may be liable, shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts.

The Contractor's indemnification obligation hereunder shall not extend to the liability of the Engineer, his agent or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. The Contractor's indemnification obligation contained in this paragraph is in addition to any other indemnification obligation of the Contractor set forth within the Contract Documents.

8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

9. Employment Discrimination (Code of Virginia, Section 2.2-4311, as amended)

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

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

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

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

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

10. Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Contract for failure or delay in fulfilling or performing any obligation under this Contract when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, epidemics, omissions or delays in acting by any governmental authority; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek a resolution of the delay or the failure to perform as noted above.

IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.

CONTRACTOR

BY

(Signature)

NAME ______________________________

(Typed or Printed)

TITLE _____________________________

ADDRESS___________________________

CITY OF WAYNESBORO

(Signature)

NAME Mike Hamp (Typed or Printed)

TITLE City Manager

CHANGE ORDER

CITY OF WAYNESBORO IFB# 01-2026

VDOT State Project # EN22-107-172, P101, R201,C501

VDOT UPC # 121169

Date: _______________________

NAME OF PROJECT: W. Broad St. & Arch Ave. Traffic Signal Replacement

OWNER: City of Waynesboro

CONTRACTOR: _______________________

The following changes are hereby made to the CONTRACT DOCUMENTS:

CHANGE TO CONTRACT PRICE: Decrease Increase in Contract Price in Contract Price

1. $ $

2. $ $

3. $ $

(continue on separate sheet if necessary)

TOTALS $ $

NET CHANGE IN CONTRACT PRICE $

Original Contract Price $

Previously Approved Change Orders $

Current Adjusted Contract Price $

The contract price due to this Change Order will be (Increased)

(Decreased) by $

The new adjusted contract price including this Change Order $

The charges included in this change order have been reviewed and determined to be mathematically correct.

(Engineer)

CHANGE TO CONTRACT TIME:

Original Contract Completion Date

Previously Approved Change Orders

Current Adjusted Contract Completion Date

The contract time due to this Change Order will be (Unchanged)

(Increased)

(Decreased) by Days

The new adjusted Contract Completion Date will be

DESCRIPTION OF CHANGES:

JUSTIFICATION:

COST VALIDATION:

CATEGORY & RESPONSIBILITY:

Contractor and City agree that this work order resolves and settles all claims, demands, or damages of any kind relating to or arising out of the work set forth in this work order, including, but not limited to delay, impact, home and field office overhead and acceleration.

This document will become a supplement to the Contract and all provisions will apply hereto.

Requested by (Contractor/ City of Waynesboro) (Date)

Recommended by (Engineer) (Date)

Accepted by (Officer of Contractor, Title) (Date)

Approved by (City of Waynesboro) (Date)

BONDS

A Bid Bond, made payable to the Owner, will be required of all Bidders in the amount specified in the "Instructions to Bidders.”

A Labor and Material Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Price, including additions or deductions, with a corporate surety authorized to do business in the State of Virginia, rated no less than A VII by A.M. Best, and otherwise acceptable in all respects to the Owner's Attorney will be required for the faithful performance of the Contract.

VDOT shall be listed as a Dual Obligee Rider on the Performance Bond to meet the VDOT Land Use permitting requirements. The Bonds shall be on the forms included in these Specifications.

The Contractor shall show satisfactory evidence of compliance with all bond requirements before entering into any agreement to sublet any of the work to be done under this Contract. The bonds shall protect the Owner from claims from persons or firms performing labor or furnishing materials and from claims for damages, claims, losses or other expenses to the Owner, including any attorney's fees, arising from failure of the Contractor to perform the Contract, or to correct defective materials or workmanship. Such bonds shall remain in force for a period of at least twelve months after the completion and final acceptance of the project by the Owner. Executed copies of the Labor and Material Payment and Performance Bonds shall be bound with, and become a part of, all copies of the Contract. Prior to the issuance of any bond required by this Contract, the Contractor or Subcontractor shown as principal on the bond shall furnish the insurance company issuing the bond with a copy of the Contract.

Attorneys-in-fact who sign Bid Bonds, Labor and Material Payment Bonds and Performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

Each Bid Bond and the accompanying power of attorney should bear the same date. Each Labor and Material Payment Bond and each Performance Bond and the accompanying power of attorney should bear the same date as the date of the Contract.

The party to whom the Contract is awarded will be required to execute the Contract and obtain the Labor and Material Payment Bond and the Performance bond within fifteen calendar days from the date when the Notice of Award together with the Contract is delivered to the Bidder for execution. In case of the failure of the Bidder to execute the Contract within the prescribed time, the Owner may, at his option consider the Bidder in default, in which case the Bid Bond accompanying the Bid shall be forfeited as allowed by law.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called PRINCIPAL, and (Corporation, Partnership or Individual)

(Name of Surety)

(Address of Surety) hereinafter called SURETY, are held and firmly bound unto

City of Waynesboro (Name of Owner)

503 W. Main St., Waynesboro, VA 22980 (Address of Owner) hereinafter called OWNER, in the penal sum of _ Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the OWNER, dated the day of , 20___, a copy of which is hereto attached and made a part hereof, for the construction of:

W. Broad St. & Arch Ave. Traffic Signal Replacement City of Waynesboro Contract #01-2026

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions which may be granted by the OWNER, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that its obligation on this bond shall extend and apply to said Contract dated the day of , 20___, and to such Contract as it may be amended or otherwise modified by any change, extension of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS accompanying same, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the WORK or to the

SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge…