SECTION B Bid Form.pdf

IFB # 24106 Section B

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SECTION B - BID FORM

(revised February 2022)

TO: County of Stafford

Procurement Division

1300 Courthouse Road

P.O. Box 339

Stafford, Virginia 22555-0339

PROJECT NAME: St. Clair Brooks Park Skatepark Construction

IFB NUMBER: 24106

FROM:

TOTAL BASE BID

The Bidder agrees, if awarded the Contract, to execute the construction of St. Clair Brooks Park

Skatepark as shown in the attached plans titled “St. Clair Brooks Park Skatepark” for the lump sum amount of:

Dollars

Please transfer the above figure into the eVA Total Response field.

A. If notified of acceptance of this Bid and Contract award within ninety (90) calendar days after receipt of Bids, the undersigned agrees to execute a Contract for the above-named project work and the above-stated consideration on the form required, within fifteen (15) calendar days of such notification. The undersigned hereby designates the office address stated in section E(3) below, as the address to which a Notice to Award of this construction Contract may be delivered and to which all office correspondence and notices may be mailed, telegraphed or delivered, unless the Owner is otherwise notified in writing.

B. Each Bidder is responsible for obtaining all Addenda provided by the Stafford County Procurement

Office. Bidders shall acknowledge receipt of any Addenda by printing and signing a copy of each

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Addendum, and including it as part of the Bid submission. All Addenda issued shall become part of the solicitation and all resulting Contract Documents. The County reserves the right to reject any Bid for failure to include signed copies of any Addenda.

C. Included as a part of this Bid are the following documents which are required to be submitted with the

Bid, on the forms provided:

1. The required five percent (5%) Bid Security, provided as a Cashier's Check, Certified Bidder's

Check, or an acceptable Bid Bond. The Bidder will insure that the Bid bond form contained herein is properly executed by an approved Surety and submitted with the Bid Form at the time and the place on which Bids are scheduled to be received. The failure on the part of a Bidder to enclose an executed copy of the Bid Bond with the Bid Form or a Certified or Cashier's check or submitted to the Procurement Division on or before the time and date on which Bids are scheduled to be received may result in the disqualification of the Bid.

2. Small and Minority Business Data Form.

3. Reference List.

4. Complete W-9 Form.

5. If applicable, the "Bidder's Request for Equal Product and Bidder's Representations" form.

6. A Certified Listing of Safety Violations, in accordance with Article 1.21 of Section A –

Information for Bidders.

7. Executed and Notarized Acknowledgement and Certification Form.

D. The undersigned Bidder hereby further acknowledges that:

1. The Bidder has read and understands the Bidding Documents, Drawings, Specifications, Addenda and all other Contract Documents as defined in Section D – General Conditions pertaining to this

Project.

2. Bidder has visited the site and examined all conditions affecting the work, and agrees to furnish all labor and material, equipment and services necessary for the proper and timely completion of the work as required by the Contract Documents.

3. The undersigned certifies that the Contract Documents are, in Bidder’s opinion, adequate, feasible and complete for performing the Work and constructing the Work in a sound and suitable manner for the use specified and intended by the Contract Documents.

4. The undersigned further certifies that he has, or has available, the equipment, personnel, materials, facilities and technical and financial ability necessary to complete the Work in accordance with the Contract Documents and within the time specified therein.

5. The Bidder certifies that Bidder has made allowances for normal inclement weather indigenous to the Project site.

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E. The following information is provided pursuant to the Contract Documents:

1. Legal Name of Bidder:

a. If Bidder is a corporation, state that corporation is organized under the laws of the State of

. Please affix corporate seal to this Bid Form.

b. If Bidder is a partnership, state names of partners:

c. If Bidder is an individual using a trade name, state name of individual:

2. Virginia Contractor Registration Number: ;

Class:

3. Signature of Person or Persons legally authorized to bind Offeror to the Contract. A Bid submitted by an agent shall have a current Power of Attorney attached certifying the agent's authority to bind the Bidder.

a. Signature: Date:

b. Name (Type):

c. Title:

d. Address:

e. Email:______________________________________________________________________

F. The names and addresses of other persons interested as principals in this bid are as follows:

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G. Contract Time:

1. The Contractor shall achieve Final Completion, as defined in the General Conditions, within 200 calendar days from the date of Notice to Proceed or the date otherwise established for the commencement of Work. The Work shall be completed in accordance with Article 4 of Section C

– Owner-Contractor Agreement. Liquidated Damages shall be as set forth therein.

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BID BOND

KNOW ALL MEN BY THESE PRESENTS: That the Contractor (“Principal”) whose principal place of business is located at and

(“Surety”) whose address for delivery of “Notices’ is located at are held and firmly bound unto Stafford County, Virginia, the Owner (“Obligee”) in the amount of five percent (5%) of the Total Amount Bid by Principal, for the payment whereof, Principal and Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for:

NOW, THEREFORE the conditions of this obligation are as follow. This Bid Bond shall guarantee that the Principal will not withdraw his bid during the period of 90 days following the opening of bids; that if his bid is accepted, Principal will enter into a formal contract with Owner in accordance with the Contract between Owner and Contractor included as part of the Invitation for Bids (Bidding Documents); that

Principal will submit a properly executed and authorized Bid Bond on the forms included in the Bidding

Documents; and that in the event of the withdrawal of said bid within said period, or failure to enter into said contract and give said bonds within ten (10) days after Principal has received notice of acceptance of his bid, Principal and Surety shall be jointly and severally liable to the Owner for the difference between the amount specified in said bid and such larger amount for which the Owner may contract with another party to perform and work covered by said bid, up to the amount of the bid guarantee. The amount represents the damage to the Owner on account of the default of the bidder in any particular thereof.

The Surety represents to the Principal and to the Obligee that it is legally authorized to do business in the

Commonwealth of Virginia.

Signed and sealed this day of 20 .

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(SEAL)

Contractor / Principal

By:

Printed Name:

Title:

(SEAL)

Surety

Attorney-in-Fact

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH/STATE OF ,

CITY /COUNTY of , to wit:

I, the undersigned notary public, do certify that ______________________________________ , whose name is signed to the foregoing bid bond in the amount of five percent (5%) of the Total Bid Amount and which names Stafford County, Virginia, as Obligee, personally appeared before me today in the above jurisdiction and, being duly sworn, made oath that he is the attorney-in-fact of

, a corporation which is the Surety in the foregoing bond, that he is duly authorized to execute on the above Surety’s behalf the foregoing bond pursuant to the power of attorney that is dated , and attached hereto, and that on behalf of the above Surety, he acknowledged the foregoing bond before me as the above Surety’s act and deed. He has further stated under oath before me at this same time and place that

St. Clair Brooks Park Skatepark Construction B-7 the attached power of attorney has not been revoked and that he has not and had not, at the time of signing and delivering the bond or doing any other act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death, disability or otherwise, or notice of any facts indicating the same.

Given under my hand this day of , 20 .

Notary Public

Notary Registration No.

My commission expires:

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in Virginia. Powers of

Attorney must be attached and valid through date of Bond.

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SMALL AND MINORITY BUSINESS ENTERPRISES

The Procurement Policies and Regulations of Stafford County, Virginia and relevant Federal and State

Laws, Orders and Regulations, require Stafford County to ensure that its procurement practices are non-discriminatory and promote equality of opportunity for Small Women-Owned, Minority-Owned, and

Service Disabled Veteran-Owned (SWaM) Business Enterprises.

DEFINITIONS:

1. Small Business:

For the purposes of this document a small business concern is one which, regardless of ownership or control:

(a) does not exceed two-hundred and fifty (250) employees.; or

(b) gross annual income does not exceed ten (10) million.

(c) is independently owned and operated (not subsidiary of another firm).

2. SWaM Business:

A business entity which is operated and controlled by a minority.

(a) The terms "operated and controlled" shall mean that the managerial and official staff of this entity shall be comprised of minority persons, sufficient in ratio and gross earnings to demonstrate that the business transactions are, in fact, controlled by minority persons; and that the primary power, direct or indirect, to influence the management of this entity shall rest with minority persons or a corporation, partnership, or sole proprietorship in which minority persons collectively own operate, control and share in earnings of fifty-one (51%) percent (51%) or more of such an enterprise.

(b) SWaM entities shall be defined as provided in Virginia Code § 2.2-4310, as amended.

PLEASE CHECK THE FOLLOWING INFORMATION RELEVANT TO YOUR FIRM:

Small Business Firm: ☐Yes ☐No SWaM Business Firm: ☐Yes ☐No

The above information is requested for statistical purposes only. All Bidders tendering responses will receive equal consideration for award.

Contact for Administration:

Name: Phone:

Address:

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REFERENCE LIST

The Bidder is required to state, in detail, in the space provided below what work of a character similar to that included in this IFB has been done, to give references and such other detailed information as will enable the County to judge the Bidder’s responsibility, experience, skill and financial standing. List a minimum of two (2), but preferably three (3), public projects where the contractor successfully placed, shot and finished concrete for a public skatepark within the last 5 (five) years. Completed projects must have been open and continuously in good operating condition for at least one year. Bids from Contractors inexperienced in this particular type of work will not be considered. Please verify the names, addresses, phone numbers and email addresses prior to submitting them as references.

1. Project Name:

Brief Project Description:

Year of Project Completion:

Company/Owner Name:

Contact Name: Title:

Phone: Email:

2. Project Name:

3. Project Name:

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BIDDER'S REQUEST FOR EQUAL PRODUCT

AND BIDDER'S REPRESENTATIONS

FROM:

In submitting this Bid, the Bidder declares its intention to provide the following equal product in accordance with Addendum No. and warrants that the Bidder has complied with the requirements of Article 1.17 of the Section A - Information for Bidders.

(Description)

The undersigned Bidder hereby represents and certifies the following:

1. The Bidder has investigated the proposed equal product or method and determined that it is equal or better in all respects to that specified and that it fully complies with all requirements of the Contract

Documents,

2. The Bidder has investigated the proposed equal product and has determined that it will satisfy all operational requirements as indicated in Contract Documents,

3. The Bidder will meet all contract obligations with regard to this equal product;

4. The Bidder will coordinate installation of accepted equal products into the work, making all such changes and any required schedule adjustments, at no additional cost to the Owner, as may be required for the work to be complete in all respects;

5. The Bidder waives all claims for additional costs and additional time related to equal products which consequently become apparent. The Bidder also agrees to hold the Owner harmless from claims for extra costs and time incurred by other subcontractors and suppliers, or additional services which may have to be performed by the A/E/CM, as defined in the Contract Documents, for changes or extra work that may, at some later date, be determined to be necessary in order for the Work to function in the manner intended in the Contract Documents;

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BIDDER'S REQUEST ... REPRESENTATIONS Continued

Documents;

6. The Bidder will provide the same warranty and guarantee, and perform any work required in accordance therewith, for the equal product that is applicable to the specified item for which the equal product is requested;

7. Material will be installed, handled, stored, adjusted, tested, and operated in accordance with the manufacturer's recommendation and as specified in the Contract Documents;

8. In all cases new materials shall be used unless this provision is waived by notice from the Owner or its A/E, or unless otherwise specified in the Contract Documents.

9. All material and workmanship shall in every respect be in accordance with what in the opinion of the

Owner or A/E is in conformity with approved modern practice.

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CERTIFICATION OF SAFETY VIOLATIONS

(Described in Article 1.21 of Section A – Information for Bidders)

The undersigned Bidder hereby represents and certifies that the Firm had the following safety violations described in Article 1.21, paragraph A, of the Section A - Information for Bidders, (if none so state):

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ACKNOWLEDGEMENT AND CERTIFICATION

I, , am duly authorized to act on behalf of

(“Bidder”), and attest that all information, representations, and certifications provided in the foregoing Bid Documents, which include the Bid Form; Bid Bond; Small Minority Business Enterprises; Reference List; Bidder’s

Request for Equal Product and Bidder’s Representations; and Certification of Safety Violations, are true and accurate, and the Firm shall be bound by the statements made herein. The signature below certifies that:

a. Bidder is not currently debarred by a local or state government or the Federal government;

b. Bidder acknowledges and agrees that it has read and understands the Bidding Documents and agrees to all terms and conditions contained herein;

c. Bidder agrees to abide by all conditions of this Invitation for Bid (IFB) and that the signatory below is authorized to sign this Bid;

d. Bidder’s Bid is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under

Virginia Code § 18.2-498.1, et seq. Bidder understands that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia

Antitrust Act, and Federal Law, and can result in fines, prison sentences, and civil damage awards;

and

e. Bidder’s Bid is in compliance with applicable provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100, et. seq. of the Code of Virginia). Specifically, without limitation, no

County employee or a member of the employee’s immediate family shall have a proscribed personal interest in a contract; and

f. Bidder’s Bid is in accordance with applicable provisions of the Virginia Public Procurement Act, Art.

6 Ethics in Public Contracting (Virginia Code § 2.2-4367, et seq.), and any other applicable law as set forth therein.

Bidder:

Date:

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COMMONWEALTH/STATE OF ,

CITY/COUNTY OF , to-wit:

The foregoing instrument was acknowledged before me on this day of , 2024, by

(Name of Officer/Agent), (Title of Officer/Agent), on behalf of

(Bidder).

Notary Public:

Registration No.

My Commission Expires:

END OF SECTION B