IFB Project Manual 25 0218 - Emporia - Laurel St.pdf

PROJECT MANUAL

CITY OF EMPORIA

LAUREL STREET SANITARY SEWER REPLACEMENT

FEBRUARY 2025

CHA PROJECT #: 080542

Prepared for:

CITY OF EMPORIA, VIRGINIA

Prepared by:

CHA CONSULTING, INC.

1341 Research Center Drive, Suite 2100

Blacksburg, VA 24060

(540) 552-5548

CHA PROJECT NO. 080542

V:\ProjectSpecs\080542.000\Final\100% Submittal - Current\Adams St\Division 00 - Front end - Boiler Plate - Bid Documents\000001 Table of Contents.doc TABLE OF CONTENTS

City of Emporia

Laurel Street Sanitary Sewer Replacement

TABLE OF CONTENTS

Division 00 – Contract Documents

001116 Invitation to Bid

002113 Instructions to Bidders

004113 Bid Form

004300 Bid Bond

005100 Notice of Award

005200 Agreement

005500 Notice to Proceed

006100 Performance Bond

006150 Payment Bond

006250 Certificate of Substantial Completion

006260 Notice of Acceptability

007200 General Conditions

007300 Supplementary Conditions

009400 Work Change Directive

009410 Change Order

Division 01 – General Requirements

010000 Coordination

010600 Special Conditions

011100 Summary of Work

012200 Unit Prices

012600 Contract Modification Procedures

012900 Payment Procedures

013000 Project Management and Coordination

013200 Construction Modification Procedures

013300 Submittal Procedures

014000 Quality Requirements

014200 References

015526 Traffic Control

015639 Temporary Tree and Plant Protection

016000 Product Requirements

016800 Health and Safety Requirements

017300 Execution Requirements

017700 Closeout Procedures

017839 Project Record Documents

Division 02 – Existing Conditions

023219 Exploratory Excavations

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Division 31 - Earthwork

311000 Site Clearing 312000 Earth Moving 312305 Structure Excavation, Backfilling, and Compaction

312316.26 Rock Removal

312319 Dewatering 312333 Trenching and Backfilling 312500 Erosion and Sediment Control 315000 Excavation Support and Protection

Division 32 - Exterior Improvements

320113.62 Asphalt Surface Treatment

320116.71 Cold Milling Asphalt Pavement

320128 Pavement Resurfacing 321116 Subbase Courses 321216 Asphalt Paving

321613.16 Cast-In-Place Concrete Curbing

321630 Concrete Sidewalks 321723 Pavement Marking 329200 Turf and Grasses

Division 33 - Utilities

330500 Common Work Results for Utilities 330513 Manholes and Structures

330625.11 Maintenance of Wastewater Flows

333110 Sanitary Utility Sewerage Piping

INVITATION TO BID PAGE 1 OF 3

CHA PROJECT NO. 075545

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SECTION 001116

SECTION 001116 – INVITATION TO BID

PART 1 – GENERAL

1.1 RECEIPT OF BIDS

A. Sealed Bids for the construction of City of Emporia, Laurel Street Sanitary Sewer Replacement will be received by the City of Emporia either electronically via eVA or physically at 201 South Main

Street, Emporia, VA 23847.

B. Bids will be received until March 25th at 2:00 p.m. local time, and shortly thereafter the Bids will be opened publicly and read aloud. Bids will be read publicly in person and via Microsoft Teams.

1. Computer: Click here to join the meeting or enter the following on the Microsoft Teams website:

a. Meeting ID: 246 919 708 212

b. Passcode: Qa369Kh6

2. Telephone: 833-827-3694, Conference ID: 523 235 904#

1.2 GENERAL DESCRIPTION OF WORK

A. The Work includes replacement of approximately 1,900 linear feet of 8-inch gravity sewer main and replacement of 7 manholes in Emporia, Virginia.

1.3 TYPE OF BID

A. Bid shall be on a firm unit price basis for each of the Bid Items identified in the Base Bid Schedule of

Section 004113 “Bid Form.” The Total Base Bid Price will be the cumulative sum of the extension of the bid quantities times the unit prices for each bid item.

1.4 DOCUMENT EXAMINATION AND PROCUREMENTS

A. The Contract Documents and all addenda must be obtained from the Owner’s eVA procurement site and on the City’s website at https://www.ci.emporia.va.us/Bids.aspx. Bidders shall check the

Owner’s eVA procurement site for addenda 24-hours or less before submitting a bid.

1.5 BID SECURITY

A. Each Bid shall be accompanied by bid security as described in the “Instructions to Bidders.”

1.6 CONTRACT SECURITY

A. The successful Bidder will be required to furnish performance and payment bonds as described in

Section 007200 “General Conditions.”

1.7 PREBID CONFERENCE

A. A non-mandatory prebid conference will be held on March 5th at 2:00 p.m. local time via Microsoft

Teams.

1. Computer: Click here to join the meeting or enter the following on the Microsoft Teams website:

a. Meeting ID: 226 590 753 048 https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2E2OTA5MzAtMzI4Ny00MmUzLWI5ZDgtODVlZDI5N2VlMTlj%40thread.v2/0?context=%7b%22Tid%22%3a%2209123cc3-9537-478e-a425-f5c2f1a69791%22%2c%22Oid%22%3a%2293a6b001-e64d-4416-bec1-0506e3934682%22%7d https://www.ci.emporia.va.us/Bids.aspx https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTRkOTg3Y2EtNTEwYi00N2U4LTlkYjItNDFiZmI2NmNiNjQz%40thread.v2/0?context=%7b%22Tid%22%3a%2209123cc3-9537-478e-a425-f5c2f1a69791%22%2c%22Oid%22%3a%2293a6b001-e64d-4416-bec1-0506e3934682%22%7d

INVITATION TO BID PAGE 2 OF 3

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SECTION 001116

b. Passcode: W2FK22f8

2. Telephone: 833-827-3694, Conference ID: 329 725 170#

1.8 CONTRACT TIME

A. The Contract Time is defined in Section 007200 “General Conditions” and specified in Section

005200 “Agreement.”

1.9 QUALIFICATION OF BIDDERS

A. Bidders are required under Section 54-1.1112 of the Code of Virginia to show evidence of Certificate of Registration before their Bid may be considered. The Bidder shall place on the outside of the envelope containing his Bid, the information required by Section 002113 “Instructions to Bidders.”

B. The qualifications, resources, and experience of the Bidder in the area of gravity sewer and watermain installation are considered to be essential for timely completion of this project.

C. Qualification of Bidder shall also be in accordance with Article 1.3 of Section 002113 “Instructions to Bidders.” Further, the Owner may make such other investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the

Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

1.10 OWNER'S RIGHT TO REJECT BIDS

A. Owner reserves the full and unconditional right to waive irregularities and to reject any or all Bids.

1.11 DETERMINATION OF SUCCESSFUL BIDDER

A. The successful Bidder shall be determined on the basis of the lowest, responsive, and responsible proposal in accordance with Section 002113 “Instructions to Bidders.”

1.12 FUNDING AGENCY REQUIREMENTS

A. Not Used.

1.13 WITHDRAWAL OF BIDS

A. No Bid may be withdrawn for a period of 60 days after the date of bid opening except in accordance with Section 2.2-4330 of the Code of Virginia, as amended. The Owner, as Contracting Authority, has selected the first procedure for the withdrawal of bids as set forth in the section of the Code as cited above.

1.14 NON-DISCRIMINATION POLICY

A. In accordance with the Code of Virginia, Section 2.2-4343.1, the Owner does not discriminate against faith-based organizations or on any other basis prohibited by state or federal law. The Owner does not discriminate on the basis of race, color, national origin, sex, age, disability, or religion.

INVITATION TO BID PAGE 3 OF 3

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SECTION 001116

B. The Owner encourages participation and bid submission from any Disadvantaged Business

Enterprises (DBE) and/or Minority or Women Business Enterprise (MBE or WBE) capable and otherwise qualified to perform work defined by this construction contract.

END OF SECTION

INSTRUCTIONS TO BIDDERS PAGE 1 OF 8

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SECTION 002113 – INSTRUCTIONS TO BIDDERS

1.1 DEFINED TERMS

A. Terms used in these Instructions to Bidders, which are defined in Section 007200 “General

Conditions,” have the meanings assigned to them in the General Conditions.

B. Certain additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof.

1. Bidder – One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

2. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

3. Successful Bidder – The lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

1.2 COPIES OF BIDDING DOCUMENTS

A. Complete sets of the Bidding Documents may be obtained as specified in Section 001116 “Invitation to Bid”.

B. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of

Bidding Documents.

C. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

1.3 QUALIFICATIONS OF BIDDERS

A. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days after Bid opening upon Owner's request detailed written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below (or elsewhere in the Contract Documents). Each Bid must contain evidence of Bidder's qualification to do business in the Commonwealth of Virginia.

1.4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE(S)

A. It is the responsibility of each Bidder before submitting a Bid to:

1. Examine thoroughly the Contract Documents and other related data identified in the Bidding

Documents.

2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work. This is to require an alert, heads-up, eyes-open, reasonable examination of the area(s) and conditions under which the Work is to be performed.

3. Assets in the public right-of-way may be inspected unescorted and at Bidder’s risk.

4. Consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the Work.

5. Study and carefully correlate Bidder's knowledge and observations with the Contract

Documents and such other related data.

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6. Promptly notify Owner of all conflicts, errors, ambiguities, or discrepancies in or between the

Contract Documents and such other related documents. When conflicts, errors, ambiguities or discrepancies are discovered in or between Contract Documents and/or other related documents, and when said conflicts, etc., have not been resolved through the interpretations by

Owner as described in Article 1.7, Bidder shall include in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost.

Such greater cost shall be included in the Bid.

B. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs

5.03 through 5.05 of the General Conditions.

C. Before submitting Bid, each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

D. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Article 1.4, and (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contractor in furnishing the Work.

E. The provisions of paragraphs A. through D. of this Article (1.4) inclusive, do not apply to Asbestos, Polychlorinated Biphenyls (PCBs), Petroleum, or hazardous waste covered by Paragraph 5.06 of the

“General Conditions.”

1.5 PREBID CONFERENCE

A. A prebid conference will be held at the time, date, and location as stated in Section 001116

“Invitation to Bid.” Representatives of Owner and Engineer will be present to discuss the Project.

Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

B. Attendance at prebid conference is not mandatory.

1.6 AVAILABILITY OF LANDS FOR WORK, ETC.

A. The lands upon which the Work is to be performed and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

INSTRUCTIONS TO BIDDERS PAGE 3 OF 8

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1.7 INTERPRETATIONS AND ADDENDA

A. All questions about the meaning or intent of the Bidding Documents are to be directed to the Owner in writing. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda electronically via the Owner’s eVA procurement site. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Direct questions to Owner VIA EMAIL ONLY at:

Attn: Lori R. Jarratt, Assistant to the City Manager

434.634.2815

Lori.jarratt@ci.emporia.va.us

B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or

Engineer.

1.8 BID SECURITY

A. Each Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of

Bidder's maximum Bid price and in the form of a certified or bank check, satisfactory evidence of a cash escrow, or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.01 of the

General Conditions.

B. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and certificates of insurance and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security and certificates of insurance within 15 days after the Notice of Award, Owner may annul the Notice of Award and the

Bid security of that Bidder will be forfeited to the Owner and considered liquidated damages. The

Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the

Agreement or the sixty-first (61st) day (time period for award plus one (1) day) after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

C. Bid bonds must be executed by a duly licensed corporate Surety authorized to do business in the

Commonwealth of Virginia. All bid security shall be made payable without condition to the Owner.

D. Bid security with Bids which are not competitive will be returned within seven (7) days after the Bid opening.

1.9 CONTRACT TIMES

A. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment are set forth in the Agreement. (the term “Contract

Times” is defined in Article 1 of the General Conditions).

1.10 LIQUIDATED DAMAGES

A. Provisions for liquidated damages, if any, are set forth in Section 005200 “Agreement.”

INSTRUCTIONS TO BIDDERS PAGE 4 OF 8

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1.11 SUBSTITUTE AND "OR-EQUAL" ITEMS

A. The Contract, if awarded, will be on the basis of materials and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items.

B. However, when it is indicated in the drawings or specified in the Specifications that a "substitute" or

"or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to

Engineer, application for such acceptance will not be considered by Engineer until after the Effective

Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Article 7 of the General Conditions.

1.12 SUBCONTRACTORS, SUPPLIERS AND OTHERS

A. If the Contract Documents require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five (5) days after

Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by a detailed experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. The Owner or Engineer, who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute; in which case the apparent Successful Bidder shall submit an acceptable substitute. Bidder shall further indicate that 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 evaluation Bids and making the contract award.

B. 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, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the

Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.06 of the General

Conditions.

C. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection.

1.13 PREPARATION OF BID

A. The Bid form is included with the Bidding Documents; additional copies may be obtained from

Engineer (or the Issuing Office).

B. All blanks on the Bid form must be completed by printing in black ink, by typewriter, or by word processor.

C. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of legal authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

INSTRUCTIONS TO BIDDERS PAGE 5 OF 8

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D. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

E. All names must be typed or printed in black ink below the signature.

F. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid form).

G. The postal address, an email address, and a telephone number for communications regarding the Bid must be shown.

H. Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Article 1.3 of this Section. Contractor license number must be shown.

1.14 SUBMITTAL OF BIDS

A. Bids shall be submitted on the prescribed Bid form, provided with the Bidding Documents, at the time and place indicated in Section 001116 “Invitation to Bid.”

B. Bid that are mailed or delivered by hand shall be enclosed in an opaque sealed envelope, marked with the Project title as indicated on the Drawings and the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID

ENCLOSED" on the face of it.

C. Bids that are submitted electronically shall be submitted via eVA. Bidders must be registered in eVA to submit electronically. The following are instructions for submitting an electronic proposal:

1. Go to www.eva.virginia.gov;

2. Click on “I sell to Virginia;”

3. Click on “eVA Supplier Training;” and

4. Click on “Viewing and Responding to Solicitations Video.”

If an Offeror needs assistance submitting an electronic response, the Offeror must contact eVA

Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

Bidders/offerors shall also submit two (2) paper copies for review purposes at the address indicated in

Section 001116 “Invitation to Bid.”

D. Attention is called to Title 54.1-1112 of the Code of Virginia. All Bids must carry the Contractor’s

Virginia License Number. The Contractor’s Virginia License Number must be placed on the face of the envelope containing the Bid.

E. All Bids must be accompanied by a certified check or a Bidder’s Bond in the amount of 5 percent of the total Bid made payable to the Owner.

1.15 BASIS OF BID AND EVALUATION OF BID

A. Unit Price:

1. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

http://www.eva.virginia.gov/ mailto:eVACustomerCare@dgs.virginia.gov

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2. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract

Price will be determined in accordance with paragraph 13.03 of the General Conditions.

3. 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. Discrepancies between words and figures will be resolved in favor of the words.

B. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 13.02 of the General Conditions.

1.16 MODIFICATION AND WITHDRAWAL OF BIDS

A. Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a

Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Bids may be modified in any way that is legally acceptable in the State where the Project is located.

B. After opening of bids, no Bidder may withdraw his proposal for a period of sixty (60) days, except in accordance with the Virginia Public Procurement Act, Title 2.2-4330. The Owner, being the

Contracting Authority, will use the first procedure under Title 2.2-4330(i) for withdrawal of bids set forth in Title 2.2-4330. The Bidder must give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure.

1.17 OPENING OF BIDS

A. Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where

Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

1.18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

A. All Bids will remain subject to acceptance for the time period specified for Notice of Award, but

Owner may, in sole discretion, release any Bid and return the Bid security prior to that date.

1.19 AWARD OF CONTRACT

A. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, 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 by Owner. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

B. 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. Discrepancies between words and figures will be resolved in favor of the words.

C. Any or all bids will be rejected if Owner has reason to believe that collusion exists among the

Bidders.

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D. The following are some of the causes which shall be considered as sufficient for the disqualification of a Bidder and the rejection of his Bid:

1. More than one bid for the same work from an individual, firm, or corporation. (This does not apply to subcontractors.)

2. Poor performance in the execution of work under previous contracts whether for this Owner or otherwise.

3. For being in arrears on existing contracts, in litigation with the Owner, or having defaulted on a previous contract.

4. Lack of competency as revealed by financial statement, experience, and equipment.

E. In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid form or prior to the Notice of Award.

F. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of

Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the

General Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incor-poration in the Work when such data is required to be submitted prior to the Notice of Award.

G. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any

Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed

Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

H. In making the Contract Award, the Owner shall take into consideration:

1. Total base bid price.

2. The price for each alternate (if any) that will be added to or deleted from the base bid if Owner selects the alternate.

3. Magnitude of exceptions (if any).

4. Bidder’s technical, financial, or other qualifications.

5. Bidder’s demonstrated record for successful completion of similar projects within allocated time.

6. Percentage of work to be executed by the Bidder himself. Preference will be given to the

Bidder who intends to perform the greatest percentage of work with personnel in its direct employment.

I. If the Contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project; however, the Owner may award the Bid in accordance with any and all procedures allowed by law including, but not limited to, the Virginia Public Procurement Act.

1. The Owner reserves the full unconditional right to select any or all alternatives in the order or combination prescribed herein and accordingly (add) (subtract) said Alternate Bid amount(s) to the total base bid price in the determination of lowest total bid price. Alternates will be selected in the order listed on the Bid Form.

J. If the amount of all Bids received by the Owner in response to any invitation to Bid or solicitation of

Bids exceeds allocated or budgeted funds of the Owner available for the procurement, the Owner may, in its discretion, elect to negotiate an adjustment of the Bid price with the lowest responsible

Bidder in order to bring the amount Bid within the available funds of the Owner.

INSTRUCTIONS TO BIDDERS PAGE 8 OF 8

\\cha-llp.com\proj\ProjectSpecs\080542.000\Final\IFB Submittal 2\Laurel St\Division 00 - Front end - Boiler Plate - Bid Documents\002113 Instructions to Bidders - ALL.docx SECTION 002113

1. In determining whether to undertake any such negotiations, the Owner shall take into account the time required for completion of the Contract Work by the Bidder, and the feasibility of resolicitation of Bids generally or a reduction in the terms and specifications of the procurement.

2. In negotiating an adjustment of the Bid price under these procedures, the Owner may also negotiate changes in the work, specifications, and Bid requirements to the extent necessary to bring the Bid within the amount of available funds, provided that such adjustments in the sole discretion of the Owner do not materially alter the terms of the procurement or result in substantial competitive disadvantages to other Bidders and offerors.

3. The Owner shall have the right at any time to terminate negotiations with any Bidder and to reject all Bids or proposals.

4. In any case in which the Owner undertakes to negotiate with the lowest responsible Bidder pursuant to these procedures, all other Bids and offers shall be deemed rejected.

K. If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award 60 days after the day of the Bid opening. No other act of Owner or others will constitute acceptance of a Bid.

1.20 CONTRACT SECURITY AND INSURANCE

A. 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 and insurance. When the Successful

Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds and insurance.

1.21 SIGNING OF AGREEMENT

A. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement to Owner with the required Bonds, Certificates of Insurance, and Escrow Agreement, if required by law.

Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor.

1.22 SALES AND USE TAXES

A. Owner is exempt from Virginia state sales and use taxes on materials and equipment to be incorporated in the Work. Such taxes shall not be included in the Bid Price.

B. All other taxes as described in Paragraph 7.09 of the General Conditions and including the

Commonwealth of Virginia sales tax on non-exempt items shall be included in the Total Base Bid

Price.

1.23 RETAINAGE

A. Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement.

1.24 DEFINITION OF ALTERNATES – NOT USED

1.25 CONTRACTS TO BE ASSIGNED – NOT USED

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SECTION 004113

SECTION 004113 – BID FORM

PART 1 – GENERAL

1.1 PROJECT/CONTRACT IDENTIFICATION

1.2 THIS BID IS SUBMITTED TO

201 South Main Street

Emporia, VA 23847

Attn: Lori Jarratt, Assistant to City Manager herein after referred to as Owner

1.3 ENTER INTO AGREEMENT

A. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with

Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this

Bid and in accordance with the other terms and conditions of the Contract Documents.

1.4 BIDDER ACCEPT

A. Bidder accepts all of the terms and conditions of Section 001116 “Invitation to Bid” and Section

002113 “Instructions to Bidders” including without limitation those dealing with the disposition of

Bid security. This Bid will remain subject to acceptance for the period specified for Notice of Award after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the

Agreement with the Bonds and other documents required by the Bidding Requirements within

15 days after the date of Owner's Notice of Award.

1.5 BIDDER'S REPRESENTATIONS

A. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

1. Bidder has examined and carefully studied the Bidding Documents and the following Addenda receipt of all, which is hereby acknowledged: (List Addenda by Number and Date.)

ADDENDA NUMBER DATE

2. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance, and furnishing of the Work.

3. Bidder is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the Work.

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SECTION 004113

4. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical

Data in such reports and drawings.

5. 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 any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by

Bidder; and (3) Bidder’s safety precautions and programs.

6. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding

Documents.

7. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site.

8. Bidder is aware of the general nature of the Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract

Documents. Bidder acknowledges the requirement to maintain existing operations of the facility during all phases of construction.

9. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract

Documents.

10. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies in the Contract Documents and the written resolution thereof by Engineer is acceptable to

Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

a. Where conflicts, errors, ambiguities or discrepancies have been discovered in or between

Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through the interpretations or clarifications by Engineer as described in

Section 002113 “Instructions to Bidders,” because of insufficient time or otherwise, Bidder has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost.

11. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

1.6 BIDDER’S CERTIFICATION

A. Bidder certifies that:

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SECTION 004113

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:

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.

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 e execution of the Contract.

PART 2 – BID

2.1 BASE BID PRICE

A. Base Bid

1. The Base Bid Schedule summarizes the corresponding Unit Price and Extended Total Price for each Bid Item. Bidder acknowledges that the Extended Total Price shall be full compensation for all Base Bid Work complete, as described for each scheduled Bid Item.

B. Bidder hereby agrees to perform all Work as described in the Specifications and as shown on the

Drawings of these Contract Documents, complete for the following Total Base Bid price indicated in the following Base Bid Schedule:

BID FORM PAGE 4 OF 12

SECTION 004113

BASE BID SCHEDULE

Item

No.

Description Unit

Estimated

Quantity Unit Price Extended Total Price

1 Bonds, Insurance, Mobilization LS 1 $ $

2 8" SDR26 PVC Sanitary Sewer Pipe LF 1,915 $ $

3 Manhole Base (4' diameter) EA 7 $ $

4 Manhole Riser Section (4' diameter) VLF 16 $ $

5 Manhole Frame and Cover – Water Resistant EA 7 $ $

6 Cleanout Installation on Existing Service Lateral EA 17 $ $

7 Subgrade Stabilization Stone TON 25 $ $

8 Pavement Restoration – Patch Public Road LS 1 $ $

TOTAL BASE BID $ .00

TOTAL BASE BID (in words):

ALTERNATE A BID SCHEDULE

No.

Description Unit

Estimated

Quantity Unit Price Extended Total Price

1 Sanitary Sewer Lateral Replacement| EA 27 $ $

2 Pavement Restoration – Patch Public Road (Laterals) EA 27 $ $

TOTAL ALTERNATE A BID $ .00

TOTAL ALTERNATE B BID (in words):

C. Bidder acknowledges that:

1. Final payment will be based on the Total Base Bid Price as adjusted for any alternate or combination of alternates selected by the Owner and any approved additions or deductions to the Contract.

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SECTION 004113

2. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor’s overhead and profit for each separately identified item.

3. Alternate A Bid Unit Prices are a price adder to the cost of work already included in related

Base Bid Unit Prices.

4. Estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

5. The Bid Unit Prices will become a part of the Agreement.

2.2 COMPLETION

A. Bidder agrees that all Work will be completed as specified in the Agreement.

B. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified.

2.3 MAJOR EQUIPMENT AND SYSTEMS SUPPLIERS – NOT USED

2.4 SUBSTITUTIONS FOR MAJOR EQUIPMENT AND SYSTEMS – NOT USED

2.5 SCHEDULE OF PROPOSED MAJOR EQUIPMENT AND SYSTEMS SUPPLIERS – NOT USED

2.6 ESCROW ACCOUNT OPTION

A. Bidder may elect to use an escrow account procedure for utilization of the following options:

retainage funds and must acknowledge his intention by checking one of the following:

1. Yes, an escrow account will be used for retainage funds.

2. No, an escrow account will not be used for retainage funds.

B. If no item is checked above, then Item 2.6-A.2 will be assumed.

2.7 ATTACHED DOCUMENTS

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

1. Required Bid security.

2. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time of acceptance of the Bids (State Corporation Commission Number)

3. Virginia Contractor’s License Number or evidence of Bidder’s ability to obtain a Virginia

Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids.

4. Contractor’s policy of Non-Discrimination

5. Contractor’s Policy of a Drug-Free Workplace

6. Supporting Documentation

B. The following documents shall be submitted by the apparent low bidder within five business days of the bid opening to the Engineer.

1. List of Project References

2. List of Proposed Subcontractors

3. List of Proposed Suppliers

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SECTION 004113

2.8 ADDRESS FOR COMMUNICATIONS

A. Communications concerning this Bid shall be addressed to:

2.9 DEFINED TERMS

A. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions.

BID FORM PAGE 7 OF 12

SUBMITTED on ____________________________, 20_____

Registered Virginia Contractor No. ____________________

If Bidder is:

An Individual

By (SEAL)

Doing business as:

Business address:

Phone No.:

(Individual's name)

BID FORM PAGE 8 OF 12

A Corporation

(Corporation Name)

(State of Incorporation)

(Name of person authorized to sign)

Title

(Corporate Seal)

Attest

(Secretary)

Phone Number:

A Partnership

By Seal

(Firm Name)

(General Partner)

BID FORM PAGE 9 OF 12

A Joint Venture

Joint Venturer Name: (SEAL)

By:

(Signature of joint venture partner -- attach evidence of authority to sign)

Name:

(Typed or Printed)

Title:

Joint Venturer Name: (SEAL)

(Signature -- attach evidence of authority to sign)

Name:

(Typed or Printed)

Phone and Fax Number, and Address for receipt of official communications:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

BID FORM PAGE 10 OF 12

COMMONWEALTH OF VIRGINIA

CONTRACTOR'S POLICY OF DRUG-FREE WORKPLACE

Pursuant to Section 2.2-4312 of the Code of Virginia, 1950, as amended, during the performance of this Contract, the Contractor agrees to:

i. Provide a drug-free workplace for the Contractor's employees;

ii. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

iii. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and

iv. Include the provisions of the foregoing clauses in every subcontract or purchase order of over

$10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this statement, "drug-free workplace" means a site for the performance of work done in connection with this specific contract awarded to Contractor, the employees who are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract.

Signature of Authorized Agent

Date

BID FORM PAGE 11 OF 12

CONTRACTOR'S POLICY OF NONDISCRIMINATION

Pursuant to Section 2.2-4311 of the Code of Virginia, 1950, as amended, during the performance of this Contract, the Contractor agrees as follows:

i. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or 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.

ii. 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.

iii. 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.

The Contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor.

BID FORM PAGE 12…