IFB Town of Clifton Streetscape Phase II Duct Bank Construction UPC 126584 & Roadway Construction UPC 109949 4 28.pdf

Town of Clifton, Virginia

P.O. Box 309 Clifton, VA 20124

INVITATION TO BID

Issue Date: April 28, 2026 IFB No: 25003

FOR:

Town of Clifton Streetscape Project-Phase II Duct Bank Construction (Stage 1) and Roadway Construction (Stage 2)

State Project No. CLFT-029-101 Federal Aid Project No. FHWA - TAP-5B01(696)

VDOT UPC# 126584 and 109949 BONDS REQUIRED (yes/no)

5% Bid Bond: YES 100% Payment Bond: YES 100% Performance Bond: YES

OPTIONAL PRE-BID CONFERENCE:

DATE: May 20, 2026

TIME: 9:00 A.M. – LOCAL TIME

LOCATION: Town of Clifton

Wayne H. Nickum Community Meeting Hall 12641 Chapel Road Clifton, Virginia 20124

BID DUE:

DATE DUE: June 25, 2026

TIME PRIOR TO: 2:30 PM – LOCAL TIME

SUBMIT BID TO: TOWN OF CLIFTON P.O. Box 309, Clifton, Virginia 20124 Project Managers: Susan Yantis Construction Manager: CES Consulting, LLC Geri Yantis Matt McLaughlin or Josh Swatman 703-867-1218 571-455-4951 gyantis@cliftonva.gov mdmclaughlin@ces-consultingllc.com mailto:gyantis@cliftonva.gov mailto:mdmclaughlin@ces-consultingllc.com

IFB NO: 25003

INVITATION TO BID

TABLE OF CONTENTS

I. PURPOSE AND INTENT

A. SCOPE OF CONTRACT ........................................................................................................................................ 1.1 B. PERIOD OF CONTRACT ...................................................................................................................................... 1.1 C. DEFINITIONS ........................................................................................................................................................ 1.2 D. COMPETITION INTENDED ................................................................................................................................................................1.4 E. TYPE OF CONTRACT ...........................................................................................................................................................................1.4 F. ORDER OF PRECEDENCE ..................................................................................................................................................................1.4

II. SPECIAL TERMS AND CONDITIONS

A. BIDDER QUALIFICATIONS ..............................................................................................................................................................2.1 B. OPTIONAL PRE-BID CONFERENCE ................................................................................................... 2.1 C. LIQUIDATED DAMAGES ...................................................................................................................................................................2.1 D. REQUIRED VDOT FORMS ..................................................................................................................................................................2.1 E. INSURANCE CHECKLIST ...................................................................................................................................................................2.2 F. COMMUNICATIONS ABOUT AND REVISION OF SPECIFICATIONS; RESPONSIBILITY OF BIDDER. ………...2.4 G. METHOD FOR MAKING SUBMISSION .........................................................................................................................................2.4 H. BIDDER CERTIFICATIONS ................................................................................................................................................................2.6 I. CONFLICT RESOLUTION AND CLAIM PROCESS .............................................................................. 2.7 J. TECHNICAL REQUIREMENTS AND CLARIFICATIONS ..................................................................... 2.11

III. FORM OF CONTRACT AND RELATED DOCUMENTS

A. FORM OF CONTRACT .........................................................................................................................................................................3.1 B. SUBCONTRACTORS ........................................................................................................................................................ 3.1

IV. MISCELLANEOUS

A. EXAMINATION OF DOCUMENTS ................................................................................................................................ 4.1

B. NONDISCRIMINATION; PARTICIPATION OF SMALL, WOMEN-OWNED AND MINORITY-OWNED

BUSINESSES, AND SERVICE-DISABLED VETERAN-OWNED BUSINESS AND EMPLOYMENT

SERVICES ORGANIZATIONS ....................................................................................................................................... 4.1

C. AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA ........................................................................................... 4.2

V. BID SUBMISSION FORMS STAGE 1

A. BASE BID TOTAL .............................................................................................................................................................. 5.1 B. ACKNOWLEDGMENT OF ADDENDA ......................................................................................................................... 5.1

C. STATE CORPORATION COMMISSION (SCC) AUTHORIZATION TO TRANSACT BUSINESS IN

VIRGINIA ........................................................................................................................................................................... 5.2 D. CERTIFICATION SIGNATURES ..................................................................................................................................... 5.3 E. SCHEDULE OF VALUES FOR BASE BID STAGE 1 DUCTBANK CONSTRUCTION ............................................. 5.4 F. SCHEDULE OF PROPOSED SUBCONTRACTORS STAGE 1 DUCTBANK CONSTRUCTION ......................... 5.6

VI. BID SUBMISSION FORMS STAGE 2

A. BASE BID TOTAL ............................................................................................................................. 5.1 B. ACKNOWLEDGMENT OF ADDENDA ............................................................................................... 5.1

C. STATE CORPORATION COMMISSION (SCC) AUTHORIZATION TO TRANSACT BUSINESS IN

VIRGINIA ....................................................................................................................................... 5.2 D. CERTIFICATION SIGNATURES ........................................................................................................ 5.2 E. SCHEDULE OF VALUES FOR BASE BID STAGE 2 ROADWAY CONSTRUCTION ............................ 5.3 F. SCHEDULE OF PROPOSED SUBCONTRACTORS STAGE 2 ROADWAY CONSTRUCTION ............... 5.8

ATTACHMENTS:

VDOT REQUIRED FORMS – INCLUDE WITH BID SUBMISSION

FORM C-104

FORM C-105

FORM C-45

FORM C-48

FORM C- 56 WH-347 FORM C-76

VDOT Road and Bridge Specifications https://www.virginiadot.org/business/resources/const/VDOT_2020_RB_Specs.pdf

Norfolk Southern - Special Provisions for Protection of Railway Interests

Stage 1 & Stage 2 VDOT Special Provisions, Supplemental Specifications, and Special Provision

Copied Notes

Davis Bacon Wage Rates

Town of Clifton Contract Special Provisions

NOVEC Electrician’s Guide, June 2020 https://www.novec.com/Customer_Services/upload/Electricians-Guide.pdf

Plans entitled Town of Clifton Streetscape-Phase II – Duct Bank Construction dated 11/14/2025 (posted as separate document)

Plans entitled Town of Clifton Streetscape-Phase II dated 5/15/2025 (posted as separate document) https://www.virginiadot.org/business/resources/const/VDOT_2020_RB_Specs.pdf https://www.novec.com/Customer_Services/upload/Electricians-Guide.pdf

- 1 - of 5

I. PURPOSE AND INTENT

A. SCOPE OF CONTRACT

The Town of Clifton is soliciting Bids for a two (2) stage project consisting of:

Stage 1: The construction of a new duct bank for the purpose of relocating the existing utilities that are in conflict with the Town of Clifton Streetscape Project. The Duct Bank shall be in accordance with the plans and specifications

Stage 2: The demolition and reconstruction of Main Street (RTE 645) in Clifton VA between Chapel Street and Ford Lane. Work will include maintenance of traffic, environmental controls, asphalt pavement, concrete, drainage and underdrains, pavement marking, and planting. The work shall be in accordance with the plans and specifications.

B. PERIOD OF CONTRACT

The period of the Contract shall consist of three hundred and fifty-seven (357) calendar days to final completion. The project will be considered complete when it can be safely and effectively used by the public without delays, disruption, or other impediments and no clean-up work or documentation submittals by the Contractor are outstanding. An Administrative notice to proceed (NTP) will be issued to allow for pre-construction administrative items and then a Construction NTP will follow. Construction shall begin within fifteen (15) calendar days after the issuance of the Construction Notice to Proceed.

Stage 1: The period of this phase shall consist of one hundred and six (106) calendar days to substantial completion at which time the Contractor shall facilitate utility owner’s operations within the new duct bank. The phase will be considered substantially complete when it can be safely and effectively accessed by utility owners without delays, disruption, or other impediments and no documentation submittals by the Contractor are outstanding. Construction shall begin within fifteen (15) calendar days after the issuance of the Construction Notice to Proceed.

Stage 2: The remainder of the contract time may be used to complete Stage 2 Roadway Construction. Stage 2 construction may begin at any time during the contract period. The project will be considered complete when it can be safely and effectively used by the public without delays, disruption, or other impediments and no clean-up work or documentation submittals by the Contractor are outstanding.

All work shall be completed as coordinated between the Contractor and the Town of Clifton, and in accordance with the approved schedule.

Work hours shall be 8:00 am to 5:00 pm Monday through Friday. Work on weekends, nights or Town holidays may be allowable with granted permission from the Town of Clifton and the

- 2 - of 5 availability of the required inspector. Any tie-in work shall be coordinated with the Town of Clifton ten (10) construction days in advance of work to be performed.

Holiday Work Restrictions: Clifton Day (dates TBD typically 2nd or 3rd weekend end in October) Haunted Trail, And Halloween Lane closures will not be permitted from 4 PM Friday through 8 AM Monday.

Construction operations will not be permitted from 4 PM Friday to 8 AM Monday. Work site shall be secured, safety fence securely in place, and all excavations filled or plated prior to this time.

C. DEFINITIONS

Capitalized terms that are defined in the Virginia Public Procurement Act (VPPA) have the same meanings in this Bid as are given in that law. Capitalized terms not defined in the VPPA but used in this Bid have the following meanings, unless the context clearly requires otherwise. Undefined terms have common meanings appropriate to their context.

1. Acceptable Surety: For any bond required under this IFB, an acceptable surety may be any of the following:

a. Corporate surety bond in form acceptable to the Town Attorney; or

b. Irrevocable letter of credit in form acceptable to the Town Attorney; or

c. Certified check or cash escrow.

2. Architect/Engineer: If at any time through these specifications the word “Architect” or “Engineer” is used, it shall mean the Town’s hired consultant.

3. Bidder: Any individual, company, firm, corporation, partnership or other entity bidding on solicitations issued by the Purchasing Agent and offering to enter into contracts with the Town.

4. Town or Owner: The Town of Clifton, Virginia or its authorized agents. Unless the context clearly requires otherwise, such as for an affirmative vote of the elected body, Town Project Manager, or other designee of the Town Council may always act on behalf of the Town.

Under Virginia law, no employee or agent may bind to the Town unless he or she has actual authority to do so; the doctrine of apparent authority has no application to municipalities.

5. Contractor: The individual, company, firm, corporation, partnership or other entity to whom an award is made by the Town.

6. Due Date: The date stated on the cover page of this Invitation to Bid for receipt and opening of the Bids.

7. Estimated Bid Quantities/Unit Price Contract: In this type of contract, the Town estimates its needs in advance and the Bidder bids prices for each of these items. The Town does not guarantee buying its estimated quantities or any given quantity from the selected Bidder and

- 3 - of 5 may purchase the items covered by the award through other Procurement transactions. For each shipment of Goods, the Town will issue a purchase order or place the purchase on a credit card.

8. Firm Fixed Price: In this type of contract, the Bidder submits a flat price for the entire Procurement. This does not preclude additions or deletions on a unit price basis were provided for in the Invitation to Bid.

9. Hourly Rate: In this type of contract, the Bidder submits a stated hourly rate for the work to be performed. The bid may include reimbursement for incidental expenses, such as materials and travel, only if expressly provided for in the specifications of the Invitation to Bid.

10. Informality: A minor defect or variation of a bid from the exact requirements of the Invitation to Bid which does not affect the price, quality, quantity or delivery schedule for the Good, Services, Insurance or Construction being procured.

11. Insurance: has the meaning given in Virginia Code § 38.2-100.

12. Invitation to Bid (IFB): A request which is made to prospective suppliers (Bidders) for their quotation on Goods, Services, Construction or Insurance desired by the Town. The issuance of an IFB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

13. Nominal Value: Having a fair market value or potential fair market value of no more than five dollars ($5.00). Something has potential value if it may produce value in the future.

Examples of items with potential value include lottery tickets, stock in privately held companies, and business opportunities.

14. Non-Professional Services: All Services other than Professional Services, as identified in the VPPA.

15. On Call: Services that a Contractor makes available at an Hourly Rate when needed by the Town. No particular amount of work is guaranteed. If the Specifications do not give minimum response times or similar measures of performance, then it is implied that recognized industry standards or the Bidder’s published standards apply, whichever is more beneficial to the Town.

16. Procurement: The receipt of Goods, Services, Insurance or Construction by a public body from a nongovernmental source with payment from the public body or a third party.

17. Proof of Insurance: A copy of the relevant portions of the insurance declaration page, or its equivalent, showing continuing coverage at the required amount.

18. Town Representatives: The Town Representatives are listed on the cover sheet of this

IFB.

19. VPPA: The Virginia Public Procurement Act, Virginia Code §§ 2.2-4300 et seq.

- 4 - of 5

D. COMPETITION INTENDED

It is the Town’s intent that this Invitation to Bid (IFB) permits competition. It shall be the Bidder’s responsibility to advise the Town Representatives in writing if any language, requirements, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in the IFB to a single source. Such notification must be received by the Town Representatives not later than Ten (10) days prior to the bid Due Date.

E. TYPE OF CONTRACT

Contractor to submit sample Conract as part of the bid package. The contract shall include all items as outlined in this IFB.

This project is Federally Funded. As such, this project shall be subject to compliance with Federal and VDOT regulations contained in this document and elsewhere. The Town, VDOT, and/or FHWA will perform audits to ensure compliance with all applicable terms, conditions, and guidelines contained in this document or elsewhere. The DBE goal for this solicitation is set at 0%. The On-the-Job Trainee goal is 0%.

F. ORDER OF PRECEDENCE

The Contract Documents are intended to be complementary, and what is called for or required by any one part is as binding as if called for or required by all. Any conflicts arising between state, local, and federal codes, shall be resolved using the federal-aid regulations or the most conservative approach. The Contractor has a duty to thoroughly review the Contract Documents and to identify any conflicts, errors, or ambiguities therein. The Contractor must promptly report any conflict, error, ambiguity, or discrepancy in the Contract Documents to the attention of the Town Representative and to the Engineer, in each case in writing, before proceeding with the Work affected thereby. The Town will resolve the matter in writing. Work performed by the Contractor after issuance of the Notice to Proceed and prior to written resolution thereof by the Town, shall be performed at the Contractor's own risk. In resolving such conflicts, errors, ambiguities and discrepancies, the Contract Documents shall be accorded the following order of precedence:

1. Change Orders to The Contract

2. The Contract

3. Addenda, issued prior to receipt of bids

4. Contract Special Provisions

5. Plans entitled Clifton Streetscape Phase II – Streetscape

6. Norfolk Southern Special Provisions for the Protection of Railway Interests

7. VDOT Special Provisions, Supplemental Specifications, and Special Provision Copied Notes

8. 2020 VDOT Road and Bridge Specifications https://www.virginiadot.org/business/resources/const/VDOT_2020_RB_Specs.pdf

9. VDOT Road and Bridge Standards

10. VDOT Work Area Protection Manual

- 5 - of 5

11. Virginia Erosion and Sediment Control Handbook (VESCH)

12. Manual of Uniform Traffic Control Devices (MUTCD), Including Virginia Supplement

13. NOVEC Electrician’s Guide, June 2020

14. This Invitation to Bid Document

The Contract Documents will in no event be deemed to include any soil, geotechnical or other reports, and surveys or analysis of any type which may be made available to the Contractor for review or information in connection with this Project.

II.SPECIAL TERMS AND CONDITIONS

A. BIDDER QUALIFICATIONS

Contractor must be VDOT Prequalified and included in the latest revision of the Department’s List of Prequalified Vendors. The various statuses have no impact on this bid award.

B. OPTIONAL PRE-BID CONFERENCE

An optional pre-bid conference will be held on May 20, 2026 at 9:00 am at Town of Clifton, Wayne H. Nickum Meeting Hall, 12641 Chapel Road, Clifton, Virginia 20124. The purpose of this conference is to allow potential Bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

While attendance at this conference will not be a prerequisite to submit a bid, Bidders who intend to submit a bid are encouraged to attend. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

An optional site visit will follow immediately after a pre-bid conference. Bidders must arrange for their own transportation for site visits.

C. LIQUIDATED DAMAGES

Contractor and the Town recognize that time is of the essence of this Contract and that the Town will incur financial loss if the Work is not completed within the times specified, plus any extensions thereof allowed herein. The parties also recognize the delays, expenses, and difficulties involved in proving in a legal or arbitration preceding the actual loss incurred by the Town if the Work is not completed on time.

Accordingly, instead of requiring any such proof, the Town and Contractor agrees that as liquidated damages for delay, but not as a penalty, Contractor shall pay the Town three Hundred and fifty dollars ($600.00) for each day that expires after the time specified for Final Completion until the Work is completed. If the Contractor is subject to liquidated damages, the Town has the right, but not the obligation, to withhold the liquidated damages from the Contractor’s regular payments.

D. REQUIRED VDOT FORMS

All VDOT REQUIRED FORMS included in the Table of Contents - Attachments are required with the bid submission. Some VDOT forms include a number of days to return forms, (i.e., C- 48 indicates 10 days); Bidder should disregard the number of days indicated on the forms and return all forms with the bid submission. If these forms are not included with your submission, the Bidder may be considered non-responsive.

E. INSURANCE CHECKLIST

The minimum limits of the Contractor's Liability coverage shall be provided in this section.

Insurance may be obtained from a single insurance company and policy or from multiple companies and policies. Coverage is to be written with a company licensed to conduct business in the Commonwealth of Virginia and have an A.M. Best rating of A- or better. For any required insurance below that may have a deductible, the Contractor is solely responsible for the deductible payment.

With all types of required insurance except Professional Medical Liability, Property and Worker’s Compensation, the Contractor must schedule the Town as an additional insured. The insurer must schedule the “Town of Clifton, including its officers, officials, employees and volunteers” as an Additional Insured. The endorsement must be issued by the insurance company.

Proof of insurance, additional insured and waiver of subrogation endorsements are not required at the Proposal stage but are a condition precedent to the award of a Contract. The Contractor shall provide a signed Proof of Insurance citing the contract number and such endorsements as prescribed herein and shall have it filed with the Purchasing Manager before a Contract is awarded. The failure of the Contractor to deliver a new and valid Proof of Insurance will result in suspension of all payments until the new certificate is furnished.

The Workers’ Compensation policy shall also be endorsed with a Waiver of Subrogation in favor the “Town of Clifton, including its officers, officials, employees and volunteers” for all work performed by the Contractor, its employees, agents, subcontractors, etc. The endorsement must be issued by the insurance company.

No change, cancellation, or non-renewal shall be made in any insurance coverage without a thirty (30) day written notice to the Purchasing Manager. The Town shall be provided with a Certificate of Insurance and endorsements at renewal and upon request by the Town. The Contractor shall also furnish a new certificate following any change or cancellation date.

1. Worker's Compensation

☒ REQUIRED ☐ NOT REQUIRED

a. Coverage shall comply with the Workers’ Compensation Law of the Commonwealth of

Virginia.

b. State Statutory

c. Applicable Federal Statutory

d. Benefits Required by Union Labor Contractors When Applicable

e. Employer's Liability, $1,000,000 bodily injury by accident; $1,000,000 bodily injury by disease; $1,000,000 bodily injury by disease each employee

2. Commercial General Liability:

☒ REQUIRED ☐ NOT REQUIRED

Coverage should be broad enough to protect against losses resulting in property damage, bodily injury, personal & advertising injury, property damage, contractual liability, products & completed operations, and premises-operations caused by or arising out of the Contractor’s operations under the Contract.

Combined Single Limit:

$3,000,000 Per Occurrence, in primary policy or in combination of primary and the use of an Umbrella or Excess Limits *

If policy contains a general aggregate limit, it shall apply separately to each project or location, or the general aggerate shall be twice the required occurrence limit.

Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment, and the Contractor shall continue to provide evidence of such coverage to the Town on an annual basis.

3. Automobile Liability

☒ REQUIRED ☐ NOT REQUIRED

Coverage should be written on a symbol “1”, “any auto” basis. If the Contractor does not own any autos, Contractor must indicate such in writing and only hired (Code 8) and non-owned (Code 9) coverage shall apply. The coverage should be broad enough to protect against losses resulting in bodily injury or property damage caused by or arising out of ownership, or operation of any motor vehicle arising out of the Contractor’s operations under the contract.

$3,000,000 Each Accident (Bodily Injury and Property Damage) in primary policy or in combination of primary and the use of Umbrella or Excess Limits.

∗ If Umbrella or Excess Liability insurance is utilized, the coverage shall protect the Contractor against losses resulting in bodily injury, personal injury or property damage in excess of any limits required for General Liability and Automobile Liability. The policy should “follow form” and provide excess coverage under the same terms and conditions as the underlying policies. The Town will not be responsible for any deductible applicable to this coverage. The insurer must list the “Town of Clifton, including its officers, officials, employees and volunteers” as an Additional Insured on all umbrella and/or excess policies.

4. Professional Liability/Malpractice Insurance:

• REQUIRED ☒ NOT REQUIRED

Coverage shall be broad enough to respond to the Contractor’s professional duties and obligations as is undertaken by the Contractor in this agreement. It is preferred that the coverage be written on an occurrence basis. If the policy is written on a claims-made basis, coverage will need to be maintained for at least five (5) years beyond the expiration date of the policy in force at the time of this Contract. If coverage is cancelled, then an Extended Reporting Period endorsement should be purchased for a minimum of the period indicated above.

Minimum Limits:

$3,000,000 Per Occurrence

NOTE: See Norfolk Southern - Special Provisions for Protection of Railway Interests for additional insurance requirements.

F. COMMUNICATIONS ABOUT AND REVISION OF SPECIFICATIONS;

RESPONSIBILITY OF BIDDER

1. A Bidder may submit questions and comments regarding this Solicitation only to the Town Representatives. To receive an answer, the Bidder must submit all questions and comments no later than fourteen (14) days before the Due Date. The Town Representatives may also issue clarifications or modifications of the terms of the Solicitation even if no Bidder requests it.

2. Only the Town Representatives may revise the terms of the Solicitation. If the Town revises the terms of the Solicitation, it will do so in the form of an addendum to the IFB.

Each Bidder has the responsibility to insure it has any addenda that have been issued in connection with this IFB. The Bidder will not rely on any information provided orally, or from anyone other than the Town Representatives

3. Each Bidder bears responsibility for thoroughly examining this IFB in its entirety. If a Bidder has any questions or comments regarding the proper meaning or intent of any aspect of the IFB or finds discrepancies in the plans and/or specifications, then it shall submit all such questions and comments in writing to the Town Representatives.

4. By submitting a Bid in response to this IFB, the Bidder represents that it has thoroughly examined this bid and all its attachments and incorporated documents, and that it has submitted any and all questions and comments it may have regarding the meaning or interpretation of this IFB to the Town in the manner prescribed herein.

G. METHOD FOR MAKING SUBMISSION

1. Contents of submission:

Unless otherwise specified in the IFB, Bidders shall submit all the forms provided herein. One

(1) original copy of the completed Bid Submission Forms and all supporting documentation is required at the time of submission.

2. Bid submission instructions:

Bids may be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting.

To learn how to submit an online bid in eVA please refer to the online supplier training page at: https://eva.virginia.gov/supplier-training-materials.html The link to the video “Viewing and Responding to Solicitations” can be found on the Supplier Training Materials page at: https://www.youtube.com/watch?v=KSxcAkOekW0

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents. In the event of https://eva.virginia.gov/supplier-training-materials.html https://www.youtube.com/watch?v=KSxcAkOekW0 technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

Bids may also be submitted via an express delivery service. The express delivery package should be sealed in an envelope inside the express container and addressed as directed on the cover page, and identified as follows:

From:

Name of Bidder Due Date Due Time

Street/Box Number IFB Title IFB Number

Town State/Zip Code Purchasing Agent

The Bidder assumes the risk that an envelope not properly marked will be mistakenly opened and thus rendered ineligible for consideration. No responsibility shall be attached to the Town for the premature opening of a bid not properly addressed and identified as specified herein. The Town will not make any adjustments to the bid based on additions or deletions on the outside of the envelope. Please include an electronic copy on a USB flash drive at the time of submission or within 3 days after the date of bid opening.

Faxed or emailed bids are not allowed.

3. Determination of deadline:

The official time used in the receipt of Bids is local time. Each Bidder must deliver its bid before the minute stated on the cover page of this Invitation to Bid. For example, a due time of 2:30 means that a bid delivered at 2:29 is timely and one delivered at 2:30 is late.

4. Place for submission:

Bids must be received at the place stated on the cover page of the Bid. Bidders who use a delivery company, U.S. Mail, or courier bear the risk that the bid may not be received at the correct location by the deadline.

5. Extension of deadline:

Before the deadline passes or if the Town receives no bids by the bid Due Date, the Town may extend the date and time for opening of Bids or change the location of the bid opening if it believes it is necessary and in the best interest of the Town. If that happens, Bidders will be notified of the new date and time or new location, and Bids already received will not be opened until the new date and time. If the Town of Clifton is closed unexpectedly on a bid Due Date, the bids will be opened at the same time and place the next business day that the Town is open, or else notice will be provided by addendum of a new bid opening date, time, and place.

6. Process for receipt of bids:

mailto:eVACustomerCare@DGS.Virginia.gov

At the bid opening, the Town Representatives shall receive bids, open them, and read aloud the names of Bidders and the amount of each bid. Thereafter, the provisions on Examination of Documents herein apply to the release of bid data. The Bidder shall also comply with all procedural instructions that may be issued by the Town. The intent is to award the contract to the lowest responsive, responsible bidder.

H. BIDDER CERTIFICATIONS

1. The Bidder shall certify, through its submission and signature on the bid, that the following statements are true and not misleading:

2. That its Bid is made without any kickbacks or inducements or any prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same Goods, Services, Insurance or Construction, and is in all respects fair and without collusion or fraud.

3. That it is not currently debarred by the Federal Government, Commonwealth of Virginia or the Town from submitting bids on contracts for the Goods, Services, Construction or Insurance that is the subject of this Bid, nor is the Bidder an agent of any person or entity that is currently so debarred.

4. That it has not offered or conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than Nominal Value or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

5. That to the best of its knowledge no Town official or employee having official responsibility for this Bid or member of his or her immediate family has received or will receive any financial benefit of more than Nominal Value or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or as soon thereafter as it appears that such a benefit will be received.

6. That it has submitted a single Bid. For purposes of this provision, the term “Bidder” includes all departments and divisions of a Business and all its Affiliates.

7. That it is satisfied, from its own investigation of the conditions to be met, that it fully understands its obligations if the Town awards it a Contract, and that it will not have any claim or right to cancellation or relief from the Contract because of any misunderstanding or lack of information.

8. That it has read, understands, and agrees to the various requirements as outlined in this IFB to be included in the Contract for Construction.

9. Duty to supplement:

a. If the Bidder becomes aware of any information which makes any part of the Bidder Certifications no longer accurate or complete or reveals that any part of my previously submitted information is misleading, the Bidder will immediately bring that information to the attention of the Town Representatives.

10. Penalty for false certification:

a. The Town may declare a Bidder to be non-responsible if the Town discovers that the Bidder’s certification contains any materially false statements. The Town may also void any resulting Contract or reduce the payment under the terms of the Contract by the value of the benefit or potential benefit conferred on a Town official or employee contrary to these terms.

I. CONFLICT RESOLUTION AND CLAIM PROCESS

The process for claims and conflict resolution shall follow Section 105.19-Submission and Disposition of Claims of the 2020 Edition of the Road and Bridge Specifications Manual. (see below)

105.19—Submission and Disposition of Claims

a. Notice of Intent to File a Claim

Early or prior knowledge by the Department of an existing or impending claim for damages could alter the plans, scheduling, or other Department in action or result in mitigation or elimination of the basis for the claim. Therefore, the Contractor shall submit a written statement describing the act of omission or commission by the Department or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage to the Engineer at the time of each and every occurrence that the Contractor believes to be the basis of a claim or prior to the beginning of the work upon which a claim and any subsequent action will be based.

“Occurrence” includes but is not limited to the Engineer’s denial of the Contractor’s timely request for time extension, additional compensation, change order, adjustment, or other request under the Contract, or any other decision, instruction, directive, or order that the Contractor believes will result in a claim. The written statement shall clearly inform the Department that it is a “notice of intent to file a claim.” If such damage is deemed certain in the opinion of the Contractor to result from his acting on an order from the Engineer, he shall immediately take written exception to the order. Submission of a notice of intent to file a claim as specified shall be mandatory. Failure to submit such notice of intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient nor will a notice or statement after the event. Oral statements recorded in meeting minutes also will not be sufficient.

In addition, at the time of each occurrence that the Contractor believes to be the basis of a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. The Contractor and the Engineer shall compare records and bring them into agreement at the end of each day. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the Department’s records. The filing of such notice of intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim.

105.19

(b) Time for Submittal of Claim

Upon completion or termination of the Contract, the Contractor may, within 60 days after the final estimate date established by the Department pursuant to Code of Virginia § 33.2-1101, deliver to the Department a certified written claim, which must be a signed original claim document, along with an electronic copy of the claim document as a Portable Document Format (PDF) file, for the amount he deems he is entitled to under the Contract. For the purpose of this Section, the final estimate date shall be that date set forth in a letter from the Department to the Contractor sent by certified mail and shall be considered as the date of notification of the Department’s final estimate. Regardless of the manner of delivery of the claim, the State Construction Engineer must receive and have physical possession of the Contractor’s written claim within the 60-day period that commences with the final estimate date. Submittals received by the Department either before the final estimate date or after the 60-day period shall not have standing as a claim.

(c) Content of Claim

The Contractor’s certified written claim shall set forth in detail the facts upon which the claim is based, including but not limited to the following:

1. A detailed statement of the facts upon which the claim is based providing items of work affected and included in each claim, and the date(s) on which actions or events resulting in the claim occurred or conditions resulting in the claim became evident; and

2. All pertinent data, documents, and correspondence that may substantiate the claim. The Department shall have the right, at its expense, to review and copy all of the Contractor’s non-privileged project files and documents, both electronic and paper, for use in analyzing the claim;

and

3. Identification of the provisions of the Contract that the Department allegedly breached, and the acts or omissions constituting such breach.

4. A detailed statement of the amount of the actual cost for materials, labor and equipment sought in the claim.

5. A copy of the notice(s) of intent to file a claim that the Contractor submitted to the Department for the claim(s).

(d) Certification of Claim.

The Contractor shall submit with the claim a written certification of the claim in the following form:

Pursuant to the Code of Virginia, I hereby certify that this Contract claim submission for Virginia Department of Transportation Project No. ____________ in _____________ County, Virginia, is a true and accurate representation of additional costs, expenses, damages and/or delays incurred by __________________________ (Contractor) or its subcontractors or suppliers in the performance of the required Contract work. Any statements, representations, writings, or documents, made or used and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Code of Virginia for a Class 6 Felony, and shall be considered a violation of the Virginia Fraud Against Taxpayers Act, subject to the civil penalties allowed by the Code of Virginia.

105.19

______________________________(Contractor) By: ___________________________ As officer or duly appointed agent of ______________(Contractor) Title: _________________________ Date: ________________________ State Of: _____________________ City/County of _______________, To-Wit:

I, the undersigned, a Notary Public in and for the City/County and State aforesaid, do hereby certify that ___________________________ , whose name is signed to the foregoing instrument, bearing date of the______ day of________________, 20__, has this day acknowledged the same before me in my City/County and State aforesaid.

Given under my hand this ______ day of __________________ , 20___.

Notary Public: _____________________ Notary Registration No.: _____________ My commission expires: _____________

Claims submitted by the Contractor for itself or its subcontractors or suppliers during the statutory period for submitting Contract claims that are submitted without the Contractor’s certification described above shall not have standing as a claim and shall not be considered by the Department.

(e) Review of Claim

Within 90 days from the receipt of the claim, the Department will conduct an investigation and notify the Contractor by certified mail of its decision. However, by mutual agreement, the Department and Contractor may extend the 90-day period for another 30 days.

If the Contractor is dissatisfied with the Department’s decision, within 30 days from receipt of the decision the Contractor shall notify the Commissioner in writing that it desires to appear before the Commissioner, whether in person or through counsel, and present additional facts and arguments in support of its claim. The Commissioner will schedule and meet with the Contractor within 30 days after receiving the request. However, the Commissioner and Contractor, by mutual agreement, may schedule the meeting to be held after 30 days but before the 60th day from the receipt of the Contractor’s written request. Within 45 days from the date of the meeting, the Commissioner will investigate the claim, including the additional facts presented, and notify the Contractor in writing of his decision. However, the Commissioner and Contractor, by mutual agreement, may extend the 45-day period for another 30 days. If the Commissioner deems that all or any portion of a claim is valid, he shall have the authority to negotiate a settlement with the Contractor subject to any approvals required by the Code of Virginia.

106.01 Any monies that become payable as the result of claim settlement after payment of the final estimate will not be subject to payment of interest unless such payment is specified as a condition of the claim settlement.

(f) Compensation for Claims The Engineer will determine time extension according to 108.04 and compensation according to

109.05 if the Department concludes that the Contractor has established entitlement to compensation or a time extension for the claim.

J. TECHNICAL REQUIREMENTS AND CLARIFICATIONS

As noted, the materials as shown on the plans for the Verizon utility will be provided (at no cost) by Verizon and installed by the Contractor. For clarification the materials will be delivered to the site by Verizon.

For clarification the Verizon Vault as shown on the plans will be installed by Verizon and the Verizon pull boxes as shown on the plans will be installed by the contractor.

The size of the pull boxes for Verizon will be per the following: The 2 pull boxes on Main Street adjacent to the transformer will be 36” x 60”. The pull box on Chapel Road adjacent to the transformer will be 24” x 36”. This amends the List of Materials on Sheet 21 of the Duct Bank Construction plans. Also please see the Schedule of Values for a separate pay item.

The size of the pull rope specified on Sheet 6 B. Verizon 3.1 of the plans has been revised to 1800 pounds tensile strength in lieu of 5000 pounds.

As noted, the materials for the Cox utility will be provided by Cox (at no cost), and installed by the Contractor. For clarification the materials will need to be picked up at the following location:

8610 Virginia Meadows Drive, Manassas, Virginia 20109, between 7:00 am and 12:00 noon.

. Contractor to coordinate with Cox contact for pick up time.

For clarification the Cox pull boxes as shown on the plans will be installed by the contractor.

The size of the pull boxes for Cox will be per the following: The pull boxes will be 24” x 36” x 24”. There is a total of 2 pull boxes, one on the corner of Main Street and Chapel Road and one on the corner of Main Street and Chapel Street. This amends the List of Materials on Sheet 21 of the Duct Bank Construction plans. Also please see the Schedule of values for a separate pay item.

The transformer pads for the NOVEC Transformers will be provided by NOVEC (at no cost).

For clarification these transformer pads will be required to be picked up from NOVEC and installed by the Contractor. Contractor to coordinate with NOVEC contact for pick up time

The materials for the NOVEC utility (unless otherwise specified) and the designated Town of Clifton conduits per the List of Materials will be provided and installed by the Contractor.

The tracer wire as specified shall be placed in the trench with the conduits.

Schedule 80 conduits shall be installed at the system turn ups with schedule 40 conduit underground

For clarification the limits of work for an open duct bank trench shall be 150 feet for any one location on any one street, allowing for work on more than one street at any given time.

Contractor may submit a sequence of construction to the Town of Clifton for review and approval if additional limits of work is desired.

The contact person for the Fairfax County Pump & Haul septic trucks is Josielyn Rainey.

Josielyn.Rainey@fairfaxcounty.gov

A small office can be made available for the contractor to use during construction for personnel and storage of small equipment and materials. This space is located at 7137 Main Street and is owned and operated by the Town of Clifton.

The survey used for the plans are within VDOT survey tolerance standards. Required surveys for the project to be provided by the contractor shall meet the VDOT survey tolerance standards.

The existing conditions survey required in the IFB can be conducted using a drone video as long as it has a high resolution to visualize accurate details.

mailto:Josielyn.Rainey@fairfaxcounty.gov

Any use of steel plates and the time of year constraints on their use on the Project shall abide by the VDOT regulations, and the bid should be based on compliance with these regulations. Any possible exceptions would need to be requested from VDOT as needed by the awarded contractor.

III. FORM OF CONTRACT AND RELATED DOCUMENTS

A. FORM OF CONTRACT

Contractor shall provide the Construction Contract in a form that includes the required provisions and specifications as outlined in this IFB including all required VDOT, FHWA and Norfolk Southern Railroad provisions and specifications. Further, the Contract Documents shall include:

• Change Orders to The Contract

• The Contract

• Addenda, issued prior to receipt of bids

• Contract Special Provisions

• Plans entitled Streetscape-Phase II

• Norfolk Southern Special Provisions for the Protection of Railway Interests

• VDOT Special Provisions, Supplemental Specifications, and Special Provision Copied

Notes

• 2020 VDOT Road and Bridge Specifications https://www.virginiadot.org/business/resources/const/VDOT_2020_RB_Specs.pdf

• VDOT Road and Bridge Standards

• VDOT Work Area Protection Manual

• Virginia Erosion and Sediment Control Handbook (VESCH)

• Manual of Uniform Traffic Control Devices (MUTCD), Including Virginia Supplement

• NOVEC Electrician’s Guide, June 2020

• This Invitation to Bid Document

B. SUBCONTRACTORS

All Bidders shall include a list of all subcontractors with their bid. The Town reserves the right to reject the successful Bidder’s selection of subcontractors for a good cause. If a subcontractor is rejected, the Bidder may replace that subcontractor with another subcontractor subject to the approval of the Town. Any such replacement shall be at no additional expense to the Town, nor shall it result in an extension of time without the Town’s approval.

IV. MISCELLANEOUS

A. EXAMINATION OF DOCUMENTS

Except as provided herein, all proceedings, records, Contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen or representative of the news media in accordance with the Virginia Freedom of Information Act.

1. Estimates:

Cost estimates relating to a proposed transaction prepared by or for a public body shall not be open to public inspection.

2. Prior to award:

Any Bidder upon request shall be afforded the opportunity to inspect bid records within a reasonable time after the opening/receipt of all bids, but prior to award, unless the Town decides not to accept any of the Bids and to reissue the IFB. Otherwise, bid records shall be open to public inspection only after the award of the Contract.