Joseph W Luter Jr Sports Complex Football Concession Building.pdf

INVITATION FOR BIDS

IFB No. 24-001

PROJECT MANUAL

for Joseph W. Luter, Jr. Sports Complex

Football Concession Building

BID OPENING

2:00 P.M. on Thursday, April 4, 2024

Department of Parks & Recreation

Prepared by:

Kimley-Horn and Associates, Inc.

4525 Main St. Suite 1000 Virginia Beach, VA 23462

* * * PLEASE NOTE * * *

These BID DOCUMENTS refer to the Hampton Roads Planning District Commission’s Regional Construction Standards, Sixth Edition, June 2016, as amended, which may be obtained from:

HAMPTON ROADS PLANNING DISTRICT COMMISSION

723 WOODLAKE DRIVE

CHESAPEAKE, VA 23320

PHONE (757) 420-8300

http://www.hrpdcva.gov/ http://www.hrpdcva.gov/

INVITATION FOR BID (No. 24-001)

PROJECT: Joseph W. Luter, Jr. Sports Complex Football Concession Building LOCATION: Joseph W. Luter, Jr., 900 W. Main Street, Smithfield, VA 23430 DATE: February 19, 2024

The Town of Smithfield will receive sealed bids for the above titled project at the Town Manager’s Office at 911 S. Church Street, Smithfield, Virginia 23430 until 2:00 P.M. local time on Thursday, April 4, 2024. The bids will be publicly opened and read aloud at the Smithfield Center located at 220 N Church Street, Smithfield, Virginia 23430 at 2:30 P.M.

local time on Thursday, April 4, 2024. Any bids received after the specified time and date will not be considered.

The project is generally described as the construction of a two-story concession, bathroom, and office building in the location of the football field at the Joseph W. Luter, Jr. Sports Complex.

Site work consist of tying into water and sewer as stubbed to the building site and additional concrete sidewalk installation around the structure. The brick and mortar on the exterior of the structure shall be in substantial conformance with the existing baseball concession building.

Material samples for both brick and mortar shall be provided to the Owner for review prior to purchase and installation of these materials. All work and laydown of materials shall be coordinated with the Owner in conjunction with their event schedule.

A bid package may be obtained visiting the town website at www.smithfieldva.gov or eVA.virginia.gov. A non-mandatory pre-bid conference/site visit will be held on Monday, March 4, 2024 at 10:00 A.M. at the project site (900 W. Main Street, Smithfield, Virginia).

All bidders are optional to attend.

Questions concerning this Invitation for Bid shall be addressed to Greg Schmitt, P.E., Project Manager, Kimley-Horn and Associates, by email to greg.schmitt@kimley-horn.com. Deadline for all questions is March 18, 2024 at 2:00 PM.

Bids must be submitted on the designated Bid Form, completed in ink or typed and signed by an authorized representative. Envelopes containing bids shall be in a sealed envelope marked “Joseph W. Luter, Jr. Sports Complex Football Concession Building IFB #24-001” and a valid Virginia Contractor’s License Number must be printed clearly on the sealed envelope.

Failure to comply with all instructions may result in the bid being deemed non-responsive.

Withdrawal of bids due to error shall be subject to and in accordance with Section 2.2-4330 of the Code of Virginia and the Contract Documents.

The Owner reserves the right to waive minor non-substantive errors in the bid, to reject any/or all bids, to award any bid in whole or in part and award the bid considered to be in the best interest of the Owner. The Owner also reserves the right to negotiate with the lowest responsive, responsible Bidder should bid exceed available funds.

The Town of Smithfield does not discriminate in the solicitation or awarding of contract on the basis of race, religion, faith-based organizations, color, national origin, age, disability, or any other http://www.smithfieldva.gov/ mailto:greg.schmitt@kimley-horn.com basis prohibited by State or Federal law.

Table of Contents - 1

Joseph W. Luter, Jr. Sports Complex Football Concession Building February 19, 2024 Town of Smithfield

IFB #24-001

REGIONAL CONSTRUCTION STANDARDS

Sixth Edition

TABLE OF CONTENTS

Page

PREFACE

The Regional Construction Standards i Administrative Structure ii-iii Want to Get Involved? iii Acknowledgements iv Important Notices v Use of Professional Engineer’s Seal v

DIVISION 1 – GENERAL PROVISIONS

Section 101 – Definitions of Terms

I General Definitions 101-1 to 101- 4

Section 102 – Bidding Requirements and Conditions

I Invitation for Bids 102-1 to 102-3 II Instructions to Bidders 102-4 to 102-12 III Bid Form 102-13 to 102-18 IV Bid Bond 102-19 V Questionnaire 102-20 to 102-24 VI Certification Regarding Debarment 102-25 VII Certification of Compliance with Immigration Laws and Regulations 102-26 to 102-27 VIII Safety Certification Form 102-28

Section 103 – Award and Execution of Agreement

I Award and Execution of Agreement 103-1 to 103-4 II Notice of Award 103-5 III Agreement 103-6 to 103-10 IV Performance Bond 103-11 to 103-12 V Payment Bond 103-13 to 103-14 VI Notice to Proceed 103-15 VII Notice of Intent to Award 103-16 VIII Escrow Agreement 103-17 to 103-19

Section 104 – Scope of Work

I Intent of Agreement 104-1 II Amending and Supplementing Contract Documents 104-1 III Explorations and Reports 104-1

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IV Underground Facilities 104-1 to 104-2 V Subsurface Conditions 104-2 to 104-3 VI Site Security 104-3 VII Clean-up, Disposal and Restoration 104-3 to 104-4

Section 105 – Control of Work

I Reuse of Contract Documents 105-1 II Copies of Contract Documents 105-1 III Contract Documents 105-1 IV Shop Drawings and Submittals 105-1 to 105-5 V Record Drawings 105-5 to 105-8 VI Access to Project 105-8 VII Surveys and Reference Points 105-8 to 105-9 VIII Working Hours 105-9 IX Project Coordination 105-10 to 105-11 X Supervision 105-11 to 105-12 XI Uncovering Work 105-12 XII Removal of Unacceptable Work 105-12 XIII Substantial Completion 105-13 XIV Use of Completed Portions 105-13 XV Final Inspection 105-13 XVI Claims 105-13 to 105-15 XVII Engineer’s Status 105-15 to 105-16 XVIII Documentation of Preconstruction Conditions 105-16 XIX Notice to Comply Order 105-16 XX Stop Work Order 105-16

Section 106 – Control of Material

I Tests and Inspections 106-1 II Labor, Materials and Equipment 106-1 to 106-2 III Work by Owner 106-2

Section 107 – Legal Relations and Responsibility to the Public

I Permits and Regulations 107-1 II Land, Easements, and Rights-of-Way 107-1 to 107-2 III Protection of Work, Property & Persons 107-2 to 107-4 IV Environmental Stipulations 107-5 to 107-8 V Temporary Facilities 107-8 VI Emergencies 107-8 VII Warranty and Guarantee 107-8 to 107-9 VIII Opening Sections of Projects to Traffic 107-9 IX No Waiver of Legal Rights 107-10

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IFB #24-001

Section 108 – Prosecution and Progress of Work

I Patent Fees and Royalties 108-1 II Taxes 108-1 III Notice to Proceed 108-1 IV Pre-Construction Conference 108-1 V Construction Progress Schedule 108-1 to 108-2 VI Subcontracts 108-2 VII Commencement and Prosecution of Work 108-3 to 108-4 VIII Suspension of Work 108-4 IX Termination of Agreement 108-4 to 108-7 X Liquidated Damages 108-7 to 108-8 XI Separate Contracts by Owner 108-8 to 108-9 XII Indemnification 108-9

Section 109 – Measurement and Payment

I Measurement and Payment Procedures 109-1 to 109-8 II Change Orders and Field Orders 109-8 to 109-9 III Change Order Form 109-10 IV Application for Payment 109-11 VI Affidavit of Payment of Claims 109-12 VII Certificate of Substantial Completion 109-13 VIII Statement of Surety Company 109-14 IX Contractor’s Release 109-15 X Manhole/Structure Protective Coating Post Installation Certification 109-16 to 109-17 XI Standard Bid Items and Units 109-18 to 109-25

Section 110 – Special Provisions (added by Locality)

I Construction Drawings 110-1 II HRPDC Construction Standards 110-1 Modifications to Regional Construction Standards 110-2 Applicable Regional Construction Standards – Standard Details 110-3

DIVISION 2 – PRODUCTS AND MATERIALS

Section

200A Division Table of Contents 200A-1 to 200A-2 200 Products and Materials 200-1 to 200-74

DIVISION 3 – ROADWAY CONSTRUCTION

Section

300A Division Table of Contents 300A-1 to 300A-3 301 Clearing and Grubbing 301-1 to 301-5

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February 19, 2024 Town of Smithfield

IFB #24-001

302 Drainage Structures 302-1 to 302-9 303 Earthwork 303-1 to 303-19 305 Subgrade and Shoulders 305-1 to 305-2 309 Aggregate Base Course 309-1 to 309-3 310 Tack and Prime Coat 310-1 to 310-4 313 Asphalt Surface Treatment 313-1 to 313-4 315 Asphalt Concrete Pavement 315-1 to 315-14 317 Pavement Patching 317-1 to 317-3

DIVISION 4 – MISCELLANEOUS

Section

400A Division Table of Contents 400A-1 406 Reinforcing Steel 406-1 to 406-2 414 Riprap 414-1 to 414-3

DIVISION 5 – INCIDENTAL CONSTRUCTION

Section

500A Division Table of Contents 500A-1 to 500A-3 501 Underdrains 501-1 to 501-2 502 Concrete Items 502-1 to 502-13 505 Guardrail and Steel Median Barriers 505-1 to 505-3 507 Fences 507-1 to 507-2 510 Relocating or Modifying Existing Miscellaneous Items 510-1 to 510-3 511 Allaying Dust 511-1 to 511-2 512 Maintaining Traffic 512-1 to 512-6 513 Mobilization/Demobilization 513-1 to 513-1 515 Planing or Milling Pavement 515-1 to 515-4 521 Pavers 521-1 to 521-12 530 Abandonment of Existing Pipelines and Structures 530-1 to 530-6 531 Contaminated Groundwater Management 531-1 to 531-4

DIVISION 6 – LANDSCAPING

Section

600A Division Table of Contents 600A-1 to 600A-2 602 Topsoil 602-1 to 602-2 603 Seeding 603-1 to 603-3 604 Sodding 604-1 to 604-2 605 Planting 605-1 to 605-5 606 Rolled Erosion Control Products (RECP) 606-1 to 606-2 608 Mowing 608-1 to 608-2

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February 19, 2024 Town of Smithfield

IFB #24-001

DIVISION 7 – TRAFFIC CONTROL DEVICES

Section

700A Division Table of Contents 700A-1 700 Traffic Control Devices 700-1 to 700-4 704 Pavement Markings and Markers 704-1 to 704-2

DIVISION 8 – WATER AND WASTEWATER UTILITIES

Section

800A Division Table of Contents 800A-1 to 800A-7 801 Water Distribution Systems 801-1 to 801-25 802 Sanitary Gravity Sewer Systems 802-1 to 802-19 803 Sanitary Force Main Systems 803-1 to 803-18 804 Boring and Jacking 804-1 to 804-4 805 Separation of Water Mains and Sewers 805-1 to 805-2 806 Horizontal Directional Drilling 806-1 to 806-11

Sanitary Sewer Rehabilitation (Sections 810-822) 810 Sewer Line Cleaning 810-1 to 810-8 811 Television Inspection 811-1 to 811-8 812 Bypass Pumping 812-1 to 812-5 813 Pipe Rehabilitation by Cured-in-Place Method 813-1 to 813-15 814 Not Used 815 Pipe Bursting 815-1 to 815-9 816 Sewer Pipe Joint Testing 816-1 to 816-7 817 Chemical Grouting 817-1 to 817-10 818 Point Repair by Excavation 818-1 to 818-4 819 Insitu Structural Point Repair 819-1 to 819-3 820 Insitu Point Repair by Sectional Lining 820-1 to 820-3 821 Sanitary Sewer Service Reconnections 821-1 to 821-7 822 Manhole Rehabilitation 822-1 to 822-12 823 Sliplining 823-1 to 823-9 824 Sewer Lateral Rehabilitation by Cured in Place Method 824-1 to 824-9

STANDARD DETAILS

Standard Details Table of Contents SD-1 to SD-3

SUPPLEMENTARY SPECIFICATIONS

901 Insurance Requirements 901-1 to 901-2 902 General Terms and Conditions 902-1 to 902-6

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February 19, 2024 Town of Smithfield

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903 Special Terms and Conditions 903-1 to 903-7 904 Safety Program Acknowledgement 904-1 906 Davis Bacon Act & American Iron & Steel Requirements 906-1 to 906-12 907 DOL Wage Determination 907-1 to 907-3 908 Davis Bacon Act & American Iron & Steel Inserts 908-1 to 908-8

APPENDICES

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February 19, 2024 Town of Smithfield

SECTION 101

DEFINITIONS OF TERMS

I. GENERAL DEFINITIONS

Wherever used in the Contract Documents, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof:

1.1 Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bid Documents or the Contract Documents.

1.2 Agreement - The written agreement between the Owner and the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.3 Application for Payment - The form provided in the Contract Documents which is to be used by the Contractor in requesting progress and final payments and which is to include such supporting documentation as is required by the Contract Documents.

1.4 Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

1.5 Bid Documents - Documentation issued prior to the bid date, including documentation accompanying the Bid (Drawings, Project Specifications, HRPDC Regional Construction Standards, Addenda, and Special Provisions) and any Post-Bid documentation submitted prior to the Notice of Award.

1.6 Bidder - Any person, firm or corporation submitting a Bid for the Work.

1.7 Bonds - Performance and Payment Bonds furnished by the Contractor and the Contractor's surety in accordance with the Contract Documents.

1.8 Bid Security - Bid Bonds and other instruments of surety, furnished by the Contractor or the Contractor's surety in accordance with the Contract Documents.

1.9 Change Order - A written order to the Contractor authorizing an addition, deletion, or revision in the Work within the general scope of the Contract Documents that authorizes an adjustment in the Contract Price and/or Contract Time, issued on or after the Effective Date of the Agreement.

1.10 Completion Date - The date specified in the Notice to Proceed for final completion of the Work.

1.11 Contaminated Effluent – Effluent from construction dewatering activities that is impacted with contaminants of concern and require special handling in accordance with applicable federal, state and local regulations.

1.12 Contaminated Groundwater - Groundwater that is impacted with contaminants of concern and require special handling in accordance with applicable federal, state and local regulations.

1.13 Contract Documents - The Agreement, including the Bid Documents, Notice of Award, Notice to

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February 19, 2024 Town of Smithfield IFB No. 24-001

Proceed, Field Orders, Change Orders, and Modifications.

1.14 Contract Price - The total monies payable to the Contractor under the terms and conditions of the Agreement.

1.15 Contract Time - The number of calendar days stated in the Agreement for the completion of the Work. Calendar days shall be understood to be consecutive.

1.16 Contractor - The person, firm or corporation with whom the Owner has executed the Agreement.

1.17 Day - A calendar day of twenty-four hours measured from midnight to the next midnight. Calendar days shall be understood to be consecutive.

1.18 Defective - An adjective, which when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Owner’s acceptance.

1.19 Drawings - The plans that show the character and scope of the Work to be performed.

1.20 Effective Date of the Agreement - The date indicated in the introductory paragraph of the Agreement.

1.21 Engineer - The person, firm or corporation named as such in the Agreement. In the event the Owner should not require the services of the Engineer, then the powers, duties, and responsibilities conferred in the Contract Documents to the Engineer shall be construed to be those of the Owner.

1.22 Field Order - A verbal or written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer or Owner to the Contractor during construction.

1.23 Final Completion - All work, including punch list items noted at the final inspection, is complete to the satisfaction of the Owner.

1.24 Groundwater Effluent - Groundwater that is pumped from the ground during construction.

1.25 Laws and Regulations - Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.

1.26 Liens - Liens, charges, security interests or encumbrances upon real or personal property.

1.27 May - The term "may" is permissive.

1.28 Notice - All written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with the Contract Documents. Any written notice by either party to the Agreement shall be sufficiently given if delivered to or at the last known business address of the person, firm or corporation constituting the party to the Agreement, or to his, their, or its authorized agent, representative or officer, or when enclosed in a postage envelope addressed to such last known business address and deposited in a United States mailbox. Notice shall be deemed received within 3 business days of U.S. Mail Service postmark date.

1.29 Notice to Proceed - A written notice given by the Owner to the Contractor (with a copy to the Engineer, if appropriate) fixing the date on which the Contract Time will commence to run and on

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February 19, 2024 Town of Smithfield IFB No. 24-001 which the Contractor shall start to perform its obligations under the Agreement.

1.30 Owner - The public body or authority, corporation, association, firm or person with whom the Contractor has entered into the Agreement and for whom the Work is to be provided.

1.31 Owner's Representative - The person, firm or corporation named by the Owner to act as the Owner’s agent.

1.32 Partial Utilization - Use by the Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

1.33 Project - The entire Work as described in the Contract Documents, including Work that is necessary and incidental to the furnishing of all materials, services, equipment, labor and supplies required to install, perform, and complete all items of Work in accordance with Contract Documents.

1.34 Reference Standards - Those bulletins, standards, rules, methods of analysis or tests, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time the Project was advertised, unless specifically referred to by edition, volume, or date.

1.35 Regional Construction Standards - The construction standards, published by the Hampton Roads Planning District Commission (HRPDC) as amended from time to time.

1.36 Responsible Bidder - A person or firm who, in the sole opinion of the Owner, has the capability in all respects, to fully perform the contractual requirements as well as the moral and business integrity and reliability to assure good faith performance.

1.37 Responsive Bidder - A person or firm who has submitted a bid that conforms in all material respects to the Bid Documents.

1.38 Resident Project Representative - The authorized representative of the Engineer or Owner who is assigned to the Project or any part thereof.

1.39 Roadway Prism - All of the land or area within the right of way that needs to be cut, filled, graded, or otherwise disturbed to produce the design cross section, including, but not limited to, areas for curbs, ditches, sidewalks, paths, and slopes to match existing grade.

1.40 Rock - Any indurated material with a minimum compressive strength of 200 psi that requires drilling, wedging, blasting, or other methods of brute force for excavation.

1.41 Shall - The term "shall" is mandatory.

1.42 Shop Drawings - All drawings, diagrams, illustrations, schedules, specified design related submittals, and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work.

1.43 Special Provisions - Requirements in addition to or modification of the HRPDC Regional Construction Standards.

1.44 Specifications - Those portions of the Contract Documents or HRPDC Regional Construction Standards consisting of written technical descriptions of materials, equipment, construction systems, 101 - 4

February 19, 2024 Town of Smithfield IFB No. 24-001 standards and workmanship as applied to the Work and certain administrative details applicable thereto.

1.45 Standard Details - Those portions of the HRPDC Regional Construction Standards consisting of drawings, explanatory of another drawing, indicating in detail and at a larger scale, the design, location, composition and correlation of elements and materials.

1.46 Subcontractor - A person, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

1.47 Substantial Completion - That date certified by the Owner when the construction of the Project or a specified part thereof is sufficiently completed in accordance with the Contract Documents, including completion of all tests, so that the Project or specified part can be utilized for the purpose for which it is intended.

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

1.49 Supplier - Any person or organization that supplies materials or equipment for the Work, including that fabricated to a special design.

1.50 Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

1.51 Work - All labor, materials, equipment, transportation, supervision, or other facilities, duties or incidentals necessary for execution and completion of the Project in compliance with the Contract Documents.

End of Section

102 - 1

February 19, 2024 Town of Smithfield Bid Number 24-001

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

I. INVITATION FOR BIDS

INVITATION FOR BID (No. 24-001)

PROJECT: Joseph W. Luter, Jr. Sports Complex Football Concession Building LOCATION: 900 W. Main Street, Smithfield, VA DATE: February 19, 2024

The Town of Smithfield will receive sealed bids for the above titled project at the Town Manager’s Office at 911 South Church Street, Smithfield, Virginia 23430 until 2:00 P.M. local time on Thursday April 4, 2024 . The bids will be publicly opened and read aloud at the Smithfield Center located at 220 N Church Street, Smithfield, Virginia 23430 at 2:30 P.M. local time on Thursday, April 4, 2024. Any bids received after the specified time and date will not be considered.

The project is generally described as the construction of a two-story concession, bathroom, and office building in the location of the football field at the Joseph W. Luter, Jr. Sports Complex. Site work consist of tying into water and sewer as stubbed to the building site and additional concrete sidewalk installation around the structure. The brick and mortar on the exterior of the structure shall be in substantial conformance with the existing baseball concession building. Material samples for both brick and mortar shall be provided to the Owner for review prior to purchase and installation of these materials. All work and laydown of materials shall be coordinated with the Owner in conjunction with their event schedule.

A bid package including detailed specifications may be obtained visiting the town website at www.smithfieldva.gov or eVA.virginia.gov. A non-mandatory pre-bid conference/site visit will be held on Monday, March 4, 2024 at 10:00 A.M. at the project site (900 W. Main Street, Smithfield, Virginia).

All bidders are optional to attend.

Questions concerning this Invitation for Bid shall be addressed to Greg Schmitt, Project Manager Kimley-Horn and Associates, Inc by email to Greg.Schmitt@kimley-horn.com. The deadline for all questions is 2:00 PM on March 18, 2024.

Bids must be submitted on the designated Bid Form, completed in ink or typed and signed by an authorized representative. Envelopes containing bids shall be in a sealed envelope marked “Joseph W. Luter, Jr. Sports Complex Football Concession Building IFB No. 24-001” and a valid Virginia Contractor’s License Number must be printed clearly on the sealed envelope. Failure to comply with all instructions may result in the bid being deemed non-responsive.

Withdrawal of bids due to error shall be subject to and in accordance with Section 2.2-4330 of the Code of Virginia and the Contract Documents.

The Owner reserves the right to waive minor non-substantive errors in the bid, to reject any/or all bids, to award any bid in whole or in part and award the bid considered to be in the best interest of the Owner. The Owner also reserves the right to negotiate with the lowest responsive, responsible Bidder should bid exceed available funds.

http://www.smithfieldva.gov/ mailto:Greg.Schmitt@kimley-horn.com

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February 19, 2024 Town of Smithfield Bid Number 24-001

The Town of Smithfield does not discriminate in the solicitation or awarding of contract on the basis of race, religion, faith-based organizations, color, national origin, age, disability, or any other basis prohibited by State or Federal law.

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February 19, 2024 Town of Smithfield Bid Number 24-001

II. INSTRUCTIONS TO BIDDERS

1. Bid Documents

1.1 Complete sets of Bid Documents shall be used in preparing Bids. Neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

1.2 The Owner, in making copies of the Bid Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer or license or grant permission for any other use.

The Hampton Roads Planning District Commission’s Regional Construction Standards, Sixth Edition, December 2010, are hereby referenced and are part of the Bid Documents, except as may be modified by the Special Provisions of this Project or as may be shown by bold type for additions and strike-throughs for deletions. Copies of the Regional Construction Standards may be purchased at the offices of the HRPDC, 723 Woodlake Drive, Chesapeake, VA 23320 (Telephone 757-420-8300) or Executive Tower, Suite 1-C, 2101 Executive Drive, Hampton, VA 23666 (Telephone 757-262-0094). The latest edition of the Regional Construction Standards and Publication Updates may be downloaded at the HRPDC website http://www.hrpdcva.gov/Regional_Construction_Stnds/REGCONST_Home.asp.

Bidders must be aware that these Bid Documents incorporate a number of changes, which supplement, modify, or replace language and/or Standard Details found in the HRPDC Regional Construction Standards. Details shown on the Drawings replace corresponding Standard Details found in the Regional Construction Standards.

Also, see Section 110 for additional references to Special Technical Provisions incorporated into this Project.

Bid Security in the amount of Five percent (5%) of the Bid shall be submitted with each Bid.

1.3 The contract documents for this Project, prepared by Kimley Horn and Associates, Inc. and dated November 3, 2023 and prepared by James River Architects and dated September 22, 2023 are defined as follows:

Civil engineering site plan, Architectural, MEP, and Structural building plans along with associated HRPDC Technical Specifications, Technical Specifications, DAVIS BACON ACT and AMERICAN IRON and STEEL

REQUIREMENTS.

Examination of Contract Documents and Project Site

2.1 It is the responsibility of each Bidder before submitting a Bid:

A. To examine thoroughly the Bid Documents;

B. To become familiar with and satisfy the Bidder as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work;

C. To study and carefully correlate the Bidder’s knowledge and observations with the Bid Documents and such other related data; and, 102 - 4

February 19, 2024 Town of Smithfield Bid Number 24-001

D. To promptly notify the Owner of all conflicts, errors, ambiguities or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related documents or field/site conditions.

2.2 Reference is made to Sections 104 III and 104 IV, for information relating to reports, explorations, underground facilities, and easements. On request, at the discretion of the Owner, the Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. The Bidder shall fill all holes and clean up and restore the site to its former condition, including reseeding and/or resodding any disturbed areas upon completion of such explorations, investigations, tests and studies, and hold the Owner harmless from any damage to property or injury to persons resulting from or arising out of such exploration, investigation, tests, and studies. The Bidder shall obtain and comply with all local and state permitting requirements.

2. Interpretations and Addenda

3.1 No oral explanation in regard to the meaning of the Contract Documents will be made, and no oral instructions will be given before the award of the Work. Discrepancies, omissions or doubts as to the meaning of the Contract Documents shall be communicated in writing to the Owner for interpretation.

Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bids. Any interpretation made will be in the form of an addendum to the Contract Documents, which will be forwarded to all known Bidders, and its receipt shall be acknowledged on the Bid form.

All questions must be received no later than 7 days prior to the date for opening of Bids.

3.2 Addenda may also be issued to modify the Contract Documents.

3.3 Subsurface Exploration – Subsurface boring data may be included in the Appendix. The Bidder shall be responsible for conducting any further subsurface investigations that he deems necessary.

Geotechnical exploration and analysis information included, in whole or in part, in these Bid Documents gives the physical data on subsurface conditions as obtained for the Owner only, and in no event is this information to be considered as part of the Contract. It is expressly understood that neither the Owner nor the Engineer will be responsible for any interpretation or conclusions drawn therefrom by the Contractor.

Bidders are cautioned that the subsurface boring data was used for general design purposes only and may be inadequate for the purposes of bidding the Contract items. It is strongly recommended that the Contractor perform his own subsurface investigation(s) to the extent necessary to satisfy himself as to the subsurface conditions.

3. Bid Security

4.1 Each bid shall be accompanied by a Bidder’s bond issued by a company authorized and licensed to transact business as surety in the Commonwealth of Virginia, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to the Town of Smithfield, Virginia. Upon approval of the Owner’s attorney, in accordance with Section 2.2-4338, Code of Virginia, 1950, as amended, a Bidder may furnish a personal bond, property bond, or bank or savings and loan association’s letter of credit on certain designated funds for the amount required for the Bid Security. The Bid Security shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the Bidder that if the bid is

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February 19, 2024 Town of Smithfield Bid Number 24-001 accepted, the Bidder shall execute the contract. If a certified check is offered as guarantee, it shall be made payable to The Town of Smithfield.

4.2 The Bid Security shall be returned to all except the three (3) lowest Bidders within ten (10) days after the date of Bid opening. The Bid Security will be returned to the three (3) lowest Bidders within five

(5) days after the execution of an Agreement and Performance and Payment Bonds and Certificates of Insurance have been approved by the Owner. None of the three (3) lowest Bids shall be deemed rejected, notwithstanding acceptance of one of the Bids, until the Agreement has been executed by both the Owner and the Successful Bidder.

5. Liquidated Damages

Should the Contractor fail to Substantially Complete the work on or before the 150 day construction phase established for Substantial Completion Date, the Contractor shall pay the Owner the sum of $500.00 for each consecutive calendar day that the terms of the Contract remain unfulfilled.

Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, shall in no way operate as a waiver on the part of the Owner of any of his rights under the Contract. Liquidated damages will be calculated and assessed based on provisions defined in the General Conditions and the date upon which the Architect/Engineer and Owner certify that all items on the Substantial Completion “Punch List” are complete. The sums mentioned above shall represent the actual measure of liquidated damages which the Owner will sustain per diem by failure of the undersigned to complete the Work at the times stipulated. The sum is in no way to be considered a penalty.

6. Quantities and Unit Prices

6.1 The Owner reserves the right to increase or decrease the amount of any class or portion of the Work.

No such change in the Work shall be considered as a waiver of any condition of the Agreement nor shall such change invalidate any of the provisions thereof. Payment will be made at the unit or lump sum prices under the Agreement only for the Work actually performed or materials furnished and accepted.

6.2 Bidders shall include in their Bid prices the entire cost of each item set forth in the Bid, and it is understood and agreed that there is included in each lump sum or unit price bid item the entire cost necessary or incidental to the completion of that portion of the Work, unless such incidental Work is expressly included in other lump sum or unit price bid items.

7. General Equipment or Material Specification.

When the Bid Documents specify one or more manufacturer's brand names or makes of materials, devices or equipment as indicating a quality, style, appearance or performance, with the statement "or equal," the Bidder shall base the Bid on either one of the specified brands or an alternate brand which the Bidder intends to substitute. Use of an alternate shall not be permitted unless it has been found to be equal or better by the Owner and at no additional cost to the Owner. The Owner will not prequalify any substitute materials or equipment submitted by the Bidders. Only substitute items submitted by the successful Bidder after the date of the Contract Award will be considered by the Owner or his representative.

7.1 The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the Bidder. The Bidder shall furnish at its own expense, such information

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February 19, 2024 Town of Smithfield Bid Number 24-001 relating thereto as may be required by the Owner. The Owner shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles or materials and the Owner’s decisions shall be final. Any other brand, make or material, device or equipment which, in the opinion of the Owner is recognized to be the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, shall be accepted. In the event of any adverse decision by the Owner, no claim of any sort shall be made or allowed against the Engineer or Owner. Samples, if requested by the Bidder, may be returned at the Bidder’s expense.

7.2 If in the sole discretion of the Owner an item proposed by the Contractor does not qualify as an “or-equal” item it may be considered as a proposed substitute item. The Contractor shall furnish the Owner any such information as the Owner may request to evaluate the substitute item to include estimates of costs or credits, redesign, claims or schedule impacts, warranty or maintenance issues or payment of any license or royalty that could directly or indirectly result from acceptance of the substitute. Any cost or time impacts to the project schedule caused by the Contractor’s submission of a substitute shall be borne by the Contractor. Any costs incurred by the Owner or by the Owner’s Engineer in reviewing the suitability of the substitute item shall be borne by the Contractor. The Owner may refuse to accept a substitute unless an acceptable adjustment in the Contract Price is offered by the contractor.

8. Proprietary Material and Equipment Specification.

Where any item of equipment or material is specified by proprietary name, trade name, catalog reference, or name of one or more manufacturers, without the addition of such expressions as "or equal," it is to be understood that those items are so specified for reasons of standardization in maintenance and operation, or for reasons of obtaining desirable features best suited to the require-ments of the Specifications. This specific equipment shall form the basis of the Bid and be furnished under the Agreement. Where two or more items of equipment or material are named, the Contractor has the option to use either.

9. Additive/Alternate Bids

9.1 Additive Bids

Additive bid items are those in addition to the base Bid items, unless otherwise noted on the Bid Form.

Bidders shall submit additive Bids on all items as shown on the Bid form. Award shall be based on the lowest responsive and responsible Bid for base Bid plus all additive bid items listed and in accordance with any criteria in the Special Provisions.

9.2 Alternate Bids

Alternate bid items are those where more than one type of improvement may be considered for a portion or all of the Work due to the character of the improvement and uncertainties which may be encountered during construction. If alternate Bids are requested for a portion of or all of the Work, Bidders shall submit alternate Bids for all alternate(s) the Bidder or its Subcontractor is qualified to perform. Award shall be based on the lowest responsive and responsible Bid for the base Bid plus the amount added or deleted for the alternate bid items selected by the Owner and in accordance with any criteria in the Special Provisions. The alternates selected shall be at the sole discretion and in the best interests of the Owner.

10. Submission of Bids

10.1 Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be sealed, marked with the Project title and name and address of the Bidder, and accompanied by the bid

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February 19, 2024 Town of Smithfield Bid Number 24-001 guarantee and other required documents. The Bid may not be changed by markings on the envelope.

Only the amounts indicated on the Bid form will be considered in determining the final Bid amount.

It will be the responsibility of Bidder to see that its Bid is submitted to the Owner by the specified time and date. There will be no exceptions. Date of postmark will not be considered. Phone or telegraphic bids (including FAX) will not be accepted.

10.2 All blanks on the Bid form shall be completed in ink.

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

10.4 Bids by unincorporated organizations shall be executed in the organization’s name and signed by an individual having authority to enter into a contract on behalf of such organization, whose title shall appear under the signature and the official address of the organization shall be shown below the signature. For example, if such organization is a Limited Liability Company, the Bid shall be signed by a member or by its manager, as authorized in its operating agreement; in the case of a manager-led Limited Liability Company, the Bid shall be signed by its manager; or if such organization is a Limited Partnership, the Bid shall be signed by a general partner.

10.4.1 All names shall be typed or printed in ink below the signature. All names shall be the legal name of the corporation, unincorporated organization and/or individual.

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

10.4.3 The address, telephone number, e-mail address and fax number for communications regarding the Bid shall be provided.

10.4.4 It is understood and agreed that, in the event an Agreement is executed for the supplies, equipment or services included in the Bid, no indication of such sales or services to the Owner shall be used in any

10.4.5 When a license is required, the Bidder shall include in its Bid over the Bidder’s signature the following notation: "VIRGINIA LICENSED CONTRACTOR NO. ___________" (Ref. Title 2.2, Chapter 43, and Title 54.1, Chapter 11, Code of Virginia).

10.4.6 When a license is not so required and a person who is not the holder of a License enters a Bid, such person shall include in its Bid over the Bidder’s signature the following notation: "LICENSING NOT

REQUIRED UNDER VIRGINIA STATE CODE."

10.5 The Bidder shall complete and submit the Debarment Certification form. A copy of the form is included in Section 102, VI at the end of this Section.

10.6 The Bidder shall complete and submit the Certificate of Compliance with Immigration Laws and Regulations form. A copy of the form is included in Section 102, VII in this section.

10.7 The Bidder shall complete and submit the Non Collusion Affidavit form. A copy of the form is included in Section 102, III.K in this section

11. Receipt and Opening of Bids

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11.1 Bids will be opened publicly at the time and place and under the conditions stated in the Invitation for Bids. The Owner's Representative whose duty it is to open Bids will decide when the specified time has arrived. The official time and date used in the receipt of the Bids is that time and date stamped by the Owner when the Bid is submitted. Date/time stamps marked after the designated time and date of receipt will not be considered. No responsibility will be attached to any such person for the premature opening of a Bid not properly addressed and identified. It is the responsibility of the Bidder to assure that the Bid is delivered to the designated place of receipt prior to the time set for the receipt of Bids.

11.2 Bids will be opened and read aloud publicly.

12. Bids to Remain Subject to Acceptance

12.1 All Bids shall remain subject to acceptance for 90 Days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date, or extend the acceptance period an additional 90 days with the consent of the apparent low Bidder and surety.

13. Withdrawal of Bids

13.1 Withdrawal of Bids filed with the Owner may be made only by a representative of the firm submitting the Bid, who shall appear in person prior to the deadline designated in the advertisement for receipt of Bids. Such representative shall furnish satisfactory identification and proof that they are authorized to withdraw the Bid. Telephone, e-mail, or facsimile notices will not be considered. Additions and/or deletions marked on the outside of the Bid envelope will not be considered.

13.2 In accordance with Section 2.2-4330(A)(i) of the Code of Virginia, as amended, if the Bid price was substantially lower than the other Bids solely to a mistake therein, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the Bid sought to be withdrawn and provided further the Bidder shall give notice in writing of his claim of right to withdraw within two (2) business days after the Bid opening, then the Bid may be withdrawn. The Bidder shall, within the following two

(2) business days provide the subjective data required in this section to satisfy the Owner’s representative that the grounds for such withdrawal do exist.

13.3 Should the Bidder refuse to enter into the Agreement after notification of award, the Bid Security shall be forfeited.

13.4 No Bid may be withdrawn under this section when the result would be the awarding of the Agreement on another Bid to the same Bidder or to another Bidder in which the ownership of the withdrawing Bidder is more than five percent.

13.5 If a Bid is withdrawn under the authority of this section, the remaining Bids shall be evaluated to determine the lowest responsive and responsible Bidder.

13.6 No Bidder who is permitted to withdraw a Bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom awarded, or otherwise benefit, directly or indirectly, from the performance of the Project for which the withdrawn Bid was submitted.

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13.7 If withdrawal of any Bid is denied, the Bidder shall be notified in writing stating the reasons for this decision. Any Bidder who desires to appeal a decision denying withdrawal of Bid shall, as sole remedy, institute legal action provided by Section 2.2-4358 and Section 2.2-4364(B), Code of Virginia, 1950, as amended.

14. Evaluation of Bids

14.1 In evaluating Bids, the Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit and lump sum prices, and additive/alternate bid items if requested in the Bid form.

14.2 The Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work for which the identity of Subcontractors and other persons and organizations shall be submitted as specified in the Bid Documents.

14.3 The Owner may conduct such investigations as deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the Bid Documents to the Owner's satisfaction within the prescribed time.

14.4 Bids will be based upon the estimated quantities shown in the Bid form. Bids will be compared on the basis of a total computed price; arrived at by taking the sum of the estimated quantities of each Bid Item, multiplied by the corresponding unit price bid, and any lump sum Bids on the individual items.

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 words. The right to reject any or all Bids or to accept any Bid considered of advantage to the Owner is reserved.

14.5 Unless all Bids are canceled or rejected, the Owner reserves the right granted by Section 2.2-4318 of the Code of Virginia as amended, to negotiate with the lowest responsible, responsive Bidder to obtain a Contract Price within the funds budgeted for the construction project. Negotiations with the lowest Bidder may include both modification of the Contract Price and the Scope of Work/Specifications to be performed. The Owner shall initiate such negotiations by Written Notice to the lowest responsible, responsive Bidder that its Bid exceeds the available funds and that the Owner wishes to negotiate a lower Contract Price. The Owner and the lowest responsive, responsible Bidder shall agree to the times, places, and manner of negotiations.

14.6 The acceptance of a Bid will be a notice in writing, signed by the Owner, and no other act shall constitute the acceptance of a Bid.

14.7 The Owner reserves the right to waive minor informalities as defined in Virginia Code Section 2.2- 4301 in the Bid, to reject any/or all Bids, to award any Bid in whole or in part, and to award the Bid considered to be in the best interest of the Owner.

14.8 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder had an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

15. Qualifications of Bidders and Subcontractors

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15.1 The Contractor’s Questionnaire is included in the Bid Documents and, if requested by the Owner, shall be submitted upon request within 72 hours.