INVITATION FOR BIDS

IFB No. B108440-EY

Issue Date: February 23, 2026

County of York, Virginia

CENTRAL PURCHASING

120 Alexander Hamilton Blvd.

Yorktown, VA 23690

Phone: (757) 890-3680 https://www.yorkcounty.gov/571/Central-Purchasing

The Central Purchasing office of the County of York, Virginia, as agent for The County of York, Virginia (“Owner”), will receive sealed bids for the below described goods/services, subject to the conditions and instructions specified herein.

Title/Project:

Springfield Road Sanitary Sewer Improvements

Pre-Bid Meeting: Date: March 4, 2026 Time: 10:00 AM Location: Construction entrance to Tranquility subdivision, near the end of Springfield Road

Attendance is Optional

Bids Due: March 24, 2026 through 2:30 PM

Method of Bid Submittal:

Submittal requirements shall be as specified in Section B.2.b. to the Central Purchasing Office. No exceptions.

DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only paper responses submitted directly to Central Purchasing, or emailed responses sent to bid@yorkcounty.gov, will be considered. Do not email your response to the Contract Officer.

Bid Reading: Bids will be opened and announced by Central Purchasing staff office as specified in Section B.4. The bid opening may be observed in person or via TEAMS.

Questions: Questions or comments related to this solicitation shall be directed to the Contract Officer not later than 1:00 p.m. on March 11, 2026. All questions shall be submitted in writing (email is preferred). Telephone inquiries will not be accepted.

Contract Officer: Evan Young, VCA, Buyer evan.young@yorkcounty.gov

The County of York, Virginia (the “County”) is seeking bids from qualified firms (the “Bidder”, “Vendor” or “Contractor”) to furnish the goods and/or services described herein, for submittal to the County as specified above. This solicitation is posted on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov) and is available for free download.

A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting “Solicitations” from the left side bar. Bidders and potential subcontractors may communicate and collaborate using the B2B Connect tab on the eVA solicitation webpage.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

Table of Contents

REQUIREMENTS

Section A – Specifications/Scope of Work Section B – Bid Process Section C – Contract Specific Terms and Conditions

Supplement 101 – Additional Instructions to Bidders Supplement 102 – Special Provisions Supplement 103 – Definition of Terms

Section D – General Terms and Conditions

EXHIBITS

Exhibits are provided for reference; do not complete or return them with your bid.

A Sample Contract is provided as an Exhibit. Exhibits within the Sample Contract may be referenced in other sections of the IFB.

Exhibits within the Contract shall include:

A. Bidder’s Bid B. Certification of Compliance with Immigration Laws and Regulations C. Insurance Requirements D. Escrow Agreement E. Bonds (Performance, Payment) F. Project Manual (Incorporated by Reference)

SUBMITTAL DOCUMENTS

Form A: Bid Form (Include responses to all sections)

Form B: SWAM Information Form C: References Form D: Proprietary Information Form E: Insurance Carrier Acknowledgement Form F: Bid Bond Form G: Questionnaire

APPENDIX

Appendix I: Mailing Label

ATTACHMENTS (POSTED SEPARATELY TO eVA)

Project Manual

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

REQUIREMENTS

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

SECTION A

SCOPE OF WORK/ SPECIFICATIONS

1. PURPOSE: The County of York, Virginia (Owner) is seeking the services of a professional contractor to furnish/provide gravity sewer extension for the residents in the area of Springfield Road.

2. SCOPE OF WORK/SPECIFICATIONS: The scope of work and specifications shall be as defined in this solicitation document and the Project Manual (posted with this solicitation document on eVA). The Project Manual is the property of the Owner and shall not be used for any purposes other than those specified in this solicitation and its resulting Contract. The Contractor shall provide all labor, materials and supplies required and necessary for the proper completion of the work whether each necessary item is mentioned herein or not. The Contractor shall provide all services for the work and the removal of rubble and debris to an appropriate disposal area.

3. PERMITS: See FES-4.I of “Project Manual”.

4. PRE-BID MEETING/SITE VISIT: The Contractor shall visit the site of the proposed Work and make such explorations as the Contractor determines to be necessary at the time of the Pre-Bid Meeting.

5. PROJECT SCHEDULE / LIQUIDATED DAMAGES: See Section C.10 of IFB No. B108440-EY.

End of Section A

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

SECTION B

BID PROCESS

1. eVA REGISTRATION

a. In order to participate in County of York solicitation opportunities, Bidders are not required to be registered in eVA.

However, because the County uses eVA to post awards, eVA registration by the selected firm(s) may become necessary. Award of a County of York contract as a result of this solicitation will not result in the assessment of a fee from eVA.

b. eVA registration provides access to many free services and tools including automated placement on bidders lists and email/fax notifications for business opportunities with Virginia State Agencies, Colleges and Universities, as well as many Local Governments.

c. DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only responses submitted directly to

Central Purchasing will be considered.

2. BID PREPARATION AND SUBMISSION REQUIREMENTS

a. Direct contact with anyone other than the County of York, Virginia Central Purchasing, including the Owner’s departments or the Owner’s contractors, regarding this Invitation for Bids is expressly forbidden except with the permission of the Contract Officer. Violation of this directive may result in a determination that the Bidder is ineligible for award.

b. Bids shall be submitted as specified below, other methods are not allowed.

1. Sealed Bids shall be delivered to the Central Purchasing office, located on the second floor of the Finance Building, 120 Alexander Hamilton Blvd., Yorktown, VA 23690, between the hours of 8:15 am and 5:00 pm, Monday through Friday.

The following information should be written on the outside of the submittal envelope or package:

Bid Number Title of Bid Submittal Deadline Date and Time Bidder’s Name

2. If the building is closed to visitors, call 757-890-3882 and Purchasing staff will meet you at the building’s front door (Fire Exit) to receive your bid.

3. If the building is closed to both visitors and Central Purchasing staff (i.e.: snow closing), then bids shall be accepted on the next business day of Central Purchasing at the originally scheduled time.

4. In addition to delivery by the Bidder as described above, bids may be delivered by USPS, UPS, FedEx, etc., however the County assumes no responsibility for misrouted documents, and will not consider them if they are received in the Central Purchasing office after the specified date and time deadline.

NOTE: Direct contact with anyone other than the County of York, Virginia Central Purchasing, including other County departments or the County’s consultants, regarding this Invitation For Bids (IFB) is expressly forbidden except with the permission of Central Purchasing’s Contract Officer.

Violation of this directive may result in a determination that the Firm is ineligible for award.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

5. Alternatively, bids may be submitted electronically to bid@yorkcounty.gov, using the Bid Number as the “Subject Line”. File size is restricted to 25MB. A “paper” copy is not required.

Do not email your response directly to the Contract Officer. The County shall not be responsible for misrouted email (ie: mail delivered as SPAM; sent to an alternative email account; undeliverable due to file size; etc.).

c. Bids will not be accepted if submitted by any other method than as specified in “b” above.

d. All bids shall be submitted on and in accordance with this form. Failure to return required documents and information specified herein may result in a determination that the bid is non-responsive. All costs associated with preparing a bid are the Bidder’s responsibility.

e. The solicitation document as posted by Central Purchasing shall be considered the official copy. In the case of any inconsistency between bid documents submitted to the County, but not clearly listed on the exception page of the document as an exception by the Bidder, the language of the official copy shall prevail. Furthermore, any exception or changes to the specifications made by the Bidder may be cause to disqualify the bid from award consideration.

If this solicitation requests information in an electronic format, all electronic files uploaded must be in a common format accessible by software programs the County uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the County must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the County to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The County may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

f. Bids must be received by Central Purchasing as specified on page one of the IFB [or as adjusted per Section B.2.b.3, or by addendum]. It is the responsibility of the Bidder to see that his bid is received by Central Purchasing staff by the specified time and date. Date of postmark will not be considered. If no timely bids are received by the specified date/time, the County’s Purchasing Agent may, at its sole discretion, consider a late submittal.

g. The County’s receipt of a bid document is not to be construed as a determination that the bid document is responsive, nor shall receipt of a bid document be construed as an award or an order to provide goods or services.

h. All bids must be signed by an officer or employee having the authority to sign on behalf of the firm.

i. Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the Owner, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the Owner.

j. All prices and notations should be in ink or typewritten. Mistakes may be crossed out and corrections made in ink and must be initialed and dated in ink by the person signing the bid.

k. Prices shall be entered on and in accordance with the bid form. In case of an error in the calculation of cost based on multiple units of the same item, the unit price shall govern and the correct amount will be calculated by the County.

In case of an error in the total cost, the individual line items shall govern and the summation will be calculated by the County. When included on the bid form, failure to provide unit pricing may result in a determination of non-responsiveness.

l. The Terms and Conditions in this Invitation For Bids shall supersede any terms and conditions of the Bidder’s bid.

Any additional conditions a Bidder intends to be considered must be submitted as part of the bid and be indicated on the Exceptions section of the Bid Form. Such exceptions may result in the bid being determined non-responsive.

m. The Specifications, Scope of Work, Item Descriptions, etc. shall supersede any additional writings submitted by the Bidder. Such writings shall be clearly marked and noted by the Bidder on the exception page.

n. All materials specified shall have been determined to have characteristics appropriate for the purposes of this Project.

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 requirements of the Specifications. This specific equipment shall form the basis of the Bid and be furnished under the Agreement. When the drawings or specifications specify one or more manufacturers' brand names or makes of materials, devices or equipment as indicating a quality, style, appearance or performance, the Bidder shall base their bid on either one of the specified brands, and only the specified items shall be used (No Substitute).

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

However, in the event that the clause “or equal” is used in the specifications pertaining to the material or article, the proposed use of an article other than that specified may be considered, but must be approved by the Owner. The burden of proof as to the comparative quality and suitability of the proposed substitute equipment, articles or materials shall be upon the Bidder, and they shall furnish at their own expense, such information relating thereto as may be required by the Owner.

Requests for approval of products other than as specified shall be submitted in writing to Central Purchasing a minimum of seven (7) calendar days prior to the due date and time of the bids and shall include manufacturers samples(s). Consideration will be given to bids submitted on commodities other than as specified to the extent that such action is deemed to serve best the interests of the Owner. The Owner shall be the sole judge as to the comparative quality and suitability of proposed substitute equipment, articles or materials and their decisions shall be final and unreviewable.

If the Bidder does not indicate that the commodity they propose to furnish is other than specified, it will be construed to mean that the Bidder proposes to furnish the exact commodity described.

Post-award proposed substitutes: After contract award, a Contractor may propose a 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 Architect/Engineer in reviewing the suitability of the substitute item shall be borne by the Contractor. At i t s sole discre t ion, the Owner may accept and allow use of the proposed substitute item, or may reject the proposed item and require the use of the originally specified item.

o. The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.

p. Bidders may request withdrawal of their bids from consideration. Prior to the deadline designated for the receipt of Bids, a Bidder may withdraw its Bids. The withdrawal shall only be made by a representative of the firm submitting the Bid, who shall appear in person prior to the deadline designated 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. After bids are opened, a bidder may request withdrawal of its bid due to error by giving notice to the Contract Officer in Central Purchasing not later than two business days after bids are publicly opened.

Work papers showing evidence of error(s) may be required. Upon request, administrative withdrawal procedures will be provided that shall be used for that purpose. 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. 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. 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.

q. A bid by a Bidder certifies that they are not currently debarred or suspended by a local, state or federal government entity from doing business with that entity, nor are they an agent of any person or entity that is now so debarred. If a debarment or suspension exists, supporting information shall be provided with the response. Suspension or debarment may disqualify the Bidder from award of a contract.

r. Bid submittals (including all documents, schedules, reports, plans and other attachments) shall become the property of the County of York, VA and/or any agency of the County, and/or any political subdivision for whom the County of York, VA issues this solicitation, and documents will not be returned to the Bidder.

s. DO NOT SUBMIT YOUR RESPONSE THROUGH eVA. Only responses submitted directly to Central Purchasing will be considered.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

3. ADDENDA: Changes or supplemental instructions to this Invitation For Bids will be in the form of written Addenda. All Addenda will be posted online with this solicitation. It is the Bidder’s responsibility to check for Addenda prior to the bid due date and time to ensure that all addenda are received.

The County posts all solicitations and related addenda on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

All Bidders shall acknowledge receipt of Addenda with the Bid. Acknowledgement of all Addenda shall be in the space provided on the Bid Form or by returning a copy of each signed Addendum. If all Addenda are not acknowledged, the Bid may be determined non-responsive.

4. PUBLIC OPENING: Bids must be received by Central Purchasing by the time specified on page one of the IFB [or as adjusted per Section B.2.b.3, or by addendum]. Fifteen minutes after that time, bids will be opened and announced by Central Purchasing staff in the Finance Building’s second-floor Conference Room. The bid opening may be observed in person or via TEAMS.

The Owner's Representative whose duty it is to open Bids will decide when the specified time has arrived. No responsibility will be attached to any such person for the premature opening of a Bid not properly addressed and identified.

As soon as practical, the County posts bid tabulations on eVA, Virginia’s eProcurement Portal. A direct link to all York County solicitations on eVA is available on Central Purchasing’ webpage (https://www.yorkcounty.gov/571/Central- Purchasing).

5. RIGHT TO CANCEL: The County reserves the right to cancel this solicitation in its entirety at any time, to reject any and all bids, and to refrain from making an award if it is determined to be in the best interest of the County. In the event of such cancellation, rejection, or decision not to award, Bidders shall have no claim or entitlement to any costs, reimbursements, or compensation of any kind arising from or related to this solicitation. Submission of a bid confers no right to an award or to any expectation thereof.

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Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

6. EVALUATION OF BIDS: In evaluating Bids, the County shall consider the qualifications and experience 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.

The County 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.

The County 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 County’s satisfaction within the prescribed time.

The Bids of any Bidder or Bidders who engage in collusive bidding shall be rejected. Any Bidder who submits more than one Bid in such a manner as to make it appear that the Bids submitted are on a competitive basis from different parties shall be considered a collusive Bidder. The provisions contained in § 2.2-4367 through § 2.2-4377, Code of Virginia, as amended, shall be applicable to all contracts solicited or entered into by the County. By submitting their Bids, all Bidders certify that their Bids are made without collusion or fraud, and that they have not offered or received any kickbacks or inducements from any other Bidder, Supplier, manufacturer or subcontractor in connection with their Bid, and they have not conferred with 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, present or promised, unless consideration of substantially equal or greater value was exchanged.

7. AWARD AND EXECUTION OF CONTRACT:

A. Award of Contract:

The Contract will be awarded or the bids rejected as soon as reasonably possible, but not later than sixty (60) days after the date of opening bids, unless the period for acceptance is otherwise extended at request of Owner and agreed to in writing by the Bidder, or Bidders.

A single award will be made to the lowest responsive and responsible Bidder, and shall be based on the TOTAL BASE

BID PRICE.

If in the event only one bid is received and the Purchasing Agent in consultation with the using agency makes a determination that it would not be in the best interest of the Owner to re-bid the procurement, such determination shall be in writing and shall be provided to the approving authority when approval by other than the Purchasing Agent is required.

In case of a tie bid, preference shall be given to goods, services, and construction produced in Virginia or provided by Virginia persons, firms, or corporations (with Bidders situated within the County of York given first preference) if such a choice is available; otherwise the tie bid shall be decided by lot. Where all Bidders are Virginia persons, firms, or corporations (or alternatively, if all Bidders are non-Virginia persons, firms, or corporations), the tie shall also be decided by lot. See York County Code Chapter 2.1.

A notice of award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available on Central Purchasing webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

The County reserves the right to reject any and all bids, including if the County determines any of the bid prices are significantly unbalanced to the potential detriment of the County, and to waive any informality, if it is determined to be in the best interest of the County. Unless canceled or rejected, a responsive bid from the lowest responsible Bidder shall be accepted as submitted; except if the bid from the lowest responsible Bidder exceeds available funds, the Purchasing Agent may negotiate with the apparent low Bidder to obtain a contract price within available funds.

A Bidder may protest the award or decision to award by submitting such protest in writing to the Purchasing Agent no later than ten (10) days after the award of the announcement of the decision to award. No protest shall lie for a claim that

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY the selected Bidder is not a responsible Bidder. The written protest shall include the basis for the protest and the relief sought.

B. Entering Contract:

Upon award of the solicitation to a Bidder, such Bidder shall enter into the Contract by signing the Contract and by furnishing the Bond(s) for faithful performance as prescribed herein and the Certificate of Insurance with Endorsement(s) within ten (10) calendar days after the date of the award. Failure to provide the Certificate and endorsement(s) within this period may be cause for the County to award a contract to the next responsive and responsible Bidder, and hold the original Contractor liable for excess costs.

No contract shall result from the submission of any bid and no liability shall accrue with respect thereto until a written contract and accompanying documents have been fully and completely executed on the part of the successful Bidder and the Owner. However, failure by the successful Bidder to enter into a written contract shall cause the successful Bidder to forfeit the full amount of the bid guarantee to the Owner.

8. INSPECTION OF RECORDS

Bid and proposal records shall be open to public inspection only after award of the Contract. Unless the Owner decides not to accept any bids or not to accept any of the proposals and reopen the solicitation, any Bidder may be allowed to inspect the bid records after bid opening, and any Bidder may be allowed to inspect the proposal records after the evaluation and negotiation of proposals are completed, and prior to award.

Inspection of the records shall be made available in the office of Central Purchasing for public review. Interested parties may request a review time during normal business hours, 8:15 a.m. – 5:00 p.m., Monday -Friday. The Purchasing Agent reserves the right to limit the duration of inspection reviews to not more than sixty minutes per review; multiple reviews are allowed. Until available to the public, no copy, photograph, or any other facsimile of a procurement record shall be allowed.

A notice of decision to award or award will be posted with the original solicitation on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). A direct link to all York County solicitations on eVA is available on Central Purchasing’s webpage (https://www.yorkcounty.gov/571/Central-Purchasing) by selecting Solicitations from the left side bar.

End of Section B

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

SECTION C

CONTRACT SPECIFIC TERMS AND CONDITIONS

1. QUESTIONS: Questions regarding this Invitation for Bids (IFB) must be received prior to the date and time posted on the cover page.

2. PRE-BID CONFERENCE: A pre-bid conference is scheduled related to this IFB on the date, time and location posted on the cover page. Attendance at the pre-bid conference is not mandatory in order for a bid to be considered for award.

3. CONTRACTOR QUALIFICATIONS: Contractor shall have the capability in all respects to fully perform the services or provide the goods specified and have the experience necessary to assure good faith performance of the contract.

In order to qualify for the work of this project, Contractor’s primary business shall be construction and Contractor must have been in this business for a minimum of four (4) full years. Contractor shall have a current Virginia Class A Contractors License. Contractor must have successfully performed a minimum of two (2) projects of similar scope and scale to this project within the past four (4) years.

To demonstrate their qualification to perform the Work, each Bidder shall be prepared to submit further written satisfactory evidence that the Bidder has sufficient experience, necessary capital, materials, machinery and skilled workers to complete the Work. If financial statements are required they shall be of such date as the Owner shall determine and shall be prepared on forms acceptable to the Owner. The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the Work. The Owner's decision or judgment on these matters shall be final, conclusive and binding.

Bidders shall list on the Questionnaire (Form G, #2) the Subcontractors who will be performing work on the Agreement, and this shall be included in the bid package. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of experience and qualification for each such Subcontractor, person and organization.

If the Owner, after due investigation, has reasonable objection to any proposed subcontractor, other person or organization, the Owner may request the apparent low Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. For any subcontractors, other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice of Award, it will be deemed the Owner has no objection.

4. METHOD OF AWARD: The County will make a single award to the lowest responsive and responsible Bidder, based on the TOTAL BASE BID PRICE.

5. BONDING REQUIREMENTS:

a. Bid Bond: 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 Treasurer, County of York, 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 it shall guarantee that the Bidder will not withdraw his bid for a period of sixty (60) days; and, that if his/her bid is accepted, he/she will enter into a formal contract with the Owner, and the required bonds and Insurance Certificate/Endorsement(s) will be given within the allotted time period.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

Upon request, the Bid Security shall be returned 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 County.

b. Performance and Labor and Material Payment Bonds: The Successful Bidder shall execute and provide to the Owner, following Notice of Award, Performance and Payment Bonds with surety in an amount equal to 100% of the accepted Bid. The sureties of all Bonds shall be of such surety company or companies as are approved by the Owner and are authorized to transact business in the Commonwealth of Virginia. If the execution is by an attorney-in-fact, a power of attorney evidencing the authority of such attorney shall be attached to the Bond. Such power of attorney shall bear the same date as the Bond to which it is attached.

All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws and Regulations and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U. S. Treasury Department and licensed to do business in Virginia.

The Contractor shall notify his Surety of any change affecting the general scope of the Work or change in the Contract Price and/or Contract Time and the amount of the applicable Bonds shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the Owner.

Performance and Payment Bonds shall remain in full force during the warranty period defined in FES-4, Section VII of “PROJECT MANUAL”.

6. CONTRACT/AGREEMENT: Award shall be made by issuance of a contract executed between the Bidder and the

County. A sample contract is included in this Invitation for Bids. Do not return the sample contract with the bid; it is provided for informational purposes only.

7. CONTRACT MODIFICATIONS: Any modifications made to the Contract must be approved by the Central Purchasing office in advance.

8. CHANGES IN THE WORK: The Owner may at any time, as the need arises, order changes within the scope of the

Work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment must be authorized by an approved Change Order. No change in the scope of work or quality of materials will be accepted unless authorized by a change order approved and signed by the County Administrator/Purchasing Agent and the Contractor, and processed through County Central Purchasing. Any extra work done without such written authority shall be considered unauthorized work done at the expense of the Contractor.

A. The Contract Price and Contract Time may be changed only by a Change Order, approved by the Owner prior to the performance of the Work by the Contractor or granted by the Owner upon written Notice by Contractor. The value of any Work covered by a Change Order or of any claim for increase or decrease in the Contract Price or Contract Time shall be based on unit pricing.

B. It is the Contractor's responsibility to notify his Surety of any change affecting the general scope of the Work or change in the Contract Price and/or Contract Time so that the amount of the applicable Bonds shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the Owner.

C. Whenever changes, alterations, additions, omissions, or revisions are called for by the Owner for which the necessary Drawings and details have been completed and submitted to the Contractor, or when changes, alterations, additions or omissions are clearly given in writing to the Contractor, the Contractor is to submit an itemized statement of quantities and prices incidental to such revisions, changes, additions and omissions.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

D. The Owner may at any time order minor changes within the scope of Work by issuing a Field Order. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Owner unless the Contractor believes that such Field Order entitles the Contractor to a change in Contract Price or Time or both, in which event the Contractor shall give the Owner written Notice thereof within seven (7) Days after the receipt of the ordered change. The Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction [approval] from the Owner. The Owner shall respond to such written Notice from Contractor within twenty-one (21) days after receipt.

E. If any item in the Agreement is determined to be unnecessary for the proper completion of the Work contracted, the Owner may, upon written Notice to the Contractor, eliminate such item from the Agreement. Payment will not be made for such item except that the Contractor shall be compensated for the actual cost of any Work performed for the installation of such item and the net cost of materials purchased, including freight and tax costs, as evidenced by invoice. No additional compensation will be made for overhead or anticipated profit.

F. The Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time due to any condition or alleged condition if:

1. The Contractor knew of the existence of such conditions at the time the Contractor made a final commitment to the Owner in respect of Contract Price and Contract Time by the submission of a Bid; or

2. The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Contract Documents to be conducted by or for the Contractor prior to the Contractor making such final commitment.

9. DELIVERY OF GOODS/SERVICES: Bidder acknowledges that time is of the essence. Requirements include but are not limited to those specified in Section A of this Invitation for Bids.

10. PROJECT SCHEDULE / LIQUIDATED DAMAGES:

Liquidated Damages: TIME IS OF THE ESSENCE ON THIS CONTRACT. Because time is of the essence and because the consequences of untimely completion of the Work cannot be quantified as of the date of this Agreement, the parties agree that the Contractor and the Contractor’s surety, if any, shall be liable for and shall pay the County the sums hereinafter stipulated as liquidated damages, and not as a penalty, for each calendar day of delay until the Work is completed:

Substantial Completion: 180 calendar days from the date of Notice to Proceed for construction.

Liquidated Damages: $300 per calendar day after time for Substantial Completion has expired.

Final Completion: 210 calendar days from the date of Notice to Proceed for construction.

Liquidated Damages: An additional $300 per calendar day after time for Final Completion has expired.

Execution of the contract under these specifications shall constitute agreement by the Owner and Contractor that this amount per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs.

Permitting the Contractor to continue and finish the work or any part thereof after the contract time or adjusted contract time, as pertinent, has expired shall in no way operate as a waiver on the part of the Owner or any of its rights under the contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the Owner’s right to collect any additional damages which may be sustained by failure of the Contractor to carry out the terms of the contract, it being the intent of the parties that said liquidated damages be full and complete payment only for failure of the Contractor to complete the work on time.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

11. LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES

a. Excluding losses covered by insurance required by the contract documents, Contractor and Owner agree to waive all claims against each other for any consequential damages that may arise out of or relate to this Agreement, including without limitation claims for lost profits or income, loss of business, loss of financing, loss of bonding capacity, loss of reputation, or insolvency. The provisions of this section shall also apply to the termination of this agreement and shall survive such termination.

b. Weather shall be considered “unusually severe”, only if a weather condition (or any combination of weather conditions) prevents the Contractor from working a number of workdays during a calendar month, which number exceeds the number of workdays listed below for that calendar month. Delays will only be allowed for the amount of lost work days in excess of the following (in this situation, a Workday shall be considered equivalent to 1.5 Calendar Days):

January 6 July 4 February 4 August 3 March 4 September 3 April 3 October 3 May 4 November 3 June 4 December 5

c. The Contractor shall anticipate the potential loss of the number of workdays listed above for each calendar month due to weather, and shall schedule the Work accordingly. Any schedules submitted shall include the above number of days each month as lost days. The Owner shall determine, upon examination of submitted evidence, whether or not weather prevented the Contractor from performing Work on the days claimed by the Contractor. Days lost as a result of Contractor failing to maintain proper drainage, adequate access, etc. at the worksite shall not be eligible for an extension of the Contract Time. The Owner’s determination shall be final and binding upon the parties.

d. The Work shall be considered complete when the following criteria have been met; all items of the Work have been constructed, inspected and accepted by the Owner and further that all punch list items have been corrected and the Owner has issued a letter of acceptance.

12. HAZARDOUS MATERIAL: Contractor shall immediately stop work and notify the County if during the course of the work any suspicious and/or potentially hazardous material is encountered. The County will make appropriate adjustments to the contract’s project completion date for time that Contractor’s work is suspended while the County remediates the hazardous material.

13. SCHEDULING AND DELAYS: The parties to a Contract resulting from this IFB acknowledge that all or part of the Work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The County shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the County. If the County delays the Project for any reason for a continuous period of ninety (90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount.

14. INVOICING: See FES-6 of “PROJECT MANUAL”.

15. PAYMENT: See FES-6 of “PROJECT MANUAL”.

16. EXAMINATION OF CONDITIONS: Each Bidder shall fully investigate site conditions and determine work conditions and take necessary measures to ensure a complete understanding of the specifications and work requirements.

Failure to become familiar with the site conditions or work conditions will not relieve the Contractor from furnishing all materials or performing the Work in accordance with the specifications attached and made a part of this solicitation.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

17. WARRANTY: The warranty and guarantee shall be as specified in FES-4, Section VII of “PROJECT MANUAL”.

Replacements and repairs shall be made to the satisfaction of the Owner.

18. INSURANCE: The Contractor shall maintain adequate liability insurance, which shall protect and save harmless the County of York, Virginia, its officials, officers, agents and employees from all suits and actions of every kind and description arising from injury or damage to persons and property in the prosecution of said work or in failure to properly safeguard same, and from all claims arising under the workers’ compensation laws. Following award of the contract, the Vendor shall furnish proof of said insurance prior to commencement of services. See “Exhibit C” for requirements.

As acknowledgement of understanding the insurance requirements, submitted bids should include the insurance carrier’s sign off on “Form E”. If Bidder is selected for contract award, Contractor shall have ten (10) days from the date of the County’s request, to provide insurance documentation. Failure to provide the Certificate and forms within this period may be cause for the County to award a contract to the next responsive Bidder, and hold the original Contractor liable for excess costs.

19. WORK SITE DAMAGES / REPLACEMENT OF DAMAGED PROPERTY: The Contractor shall replace or repair any property damaged by Contractor, subcontractor(s), or their employees and/or agents, including but not limited to any damages to finished surfaces, existing structures, fences, trees, plants, grass, walks, drives, and building surfaces, without limitation. Contractor shall restore to its original condition any real or personal property, equipment or material whether that of the Owner’s or belonging to a private party, that is damaged as a result of work associated with this Project. All such repairs and/or replacements shall be to the Owner’s satisfaction, at no cost to the Owner, and at the Contractor’s sole expense.

20. SUPERVISION: The Contractor shall supervise and direct the Work, and shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall employ and maintain on the Project a qualified supervisor who shall have been designated in writing by the Contractor as the Contractor’s representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be the same as if mailed to the business address of the Contractor. The supervisor or a designated representative shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. The Contractor shall notify the Owner in writing prior to any change of supervisor, and receive the Owner’s approval for the replacement.

21. EMERGENCIES: In emergencies affecting the safety of persons, or the Work, or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Owner, shall act to prevent threatened damage, injury or loss. The Contractor shall give the Owner prompt Written Notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement between the Owner and the Contractor, and a Change Order shall be issued to document the changes.

22. MISCLASSIFICATION OF WORKERS PROHIBITED: The Contractor and its subcontractors shall appropriately classify all workers as employees or independent contractors, pursuant to law, and guarantee and hold harmless the County from any liability arising from Contractor’s failure to do so.

23. MISCELANEOUS TERMS:

a. The Contractor and its personnel shall at all times conduct the work so as to be cognizant and respectful of the nearby businesses and neighbors. Do not create undue noise or nuisances during course of the work. All contractor-owned, subcontractor-owned and labor force personally-owned vehicles, plus all delivery vehicles, shall be operated in a safe and lawful manner on streets and nearby areas, aware of children playing. Excessive noise, loud music, vulgar language by workers, or otherwise inappropriate conduct such as disrobing fully or down to the undergarments while in public view, while on Owner’s property will not be tolerated and may be cause for removal of personnel from the Project site. Vulgar, lewd, rude, suggestive or otherwise inappropriate conduct, language, comments or sounds, including but not limited to whistling or catcalls, made by workers while in the presence of or around citizens, will not be tolerated and may be cause for removal of personnel from the Project site.

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

b. The Contractor shall provide port-a-john-type temporary bathroom facilities for use by Contractor’s and subcontractors’ personnel, and shall maintain these facilities in sanitary, clean working order for duration of all construction activity on the site. Construction personnel are forbidden to use interior toilets at the Owner’s at any time. Construction personnel shall not urinate or defecate outside of the temporary facilities or in public areas on or viewable from Owner’s property. Doing so is illegal and severely punishable.

24. ADDITIONAL CONTRACT SPECIFIC TERMS AND CONDITIONS: The following Supplements are applicable to this solicitation and the resultant contract:

Supplement 101 – Additional Instructions to Bidders Supplement 102 – Special Provisions Supplement 103 – Definition of Terms

Springfield Road Sanitary Sewer Improvements IFB No. B108440-EY

SECTION C, SUPPLEMENT #101

ADDITIONAL INSTRUCTIONS TO BIDDERS

1. Bid Documents

1.1. Complete sets of Bid Documents shall…