UPC 121208 Project Manual (Bid Materials) 06-29-2026.pdf

TOWN OF BRIDGEWATER

201 GREEN STREET

BRIDGEWATER, VIRGINIA 22812

(540) 908-4212

INVITATION TO BID COVER PAGE

ISSUE DATE:

June 29, 2026

INVITATION TO BID NUMBER:

RV326

FOR:

Bridgewater Riverwalk, Phase III, Transportation Alternatives

UPC 121208, EN22-176-148

DEPARTMENT:

Public Works

DATE/TIME

PRE-BID MEETING:

July 15, 2026 at 10:00 a.m.

CONTRACT ADMINISTRATOR:

Alexander M. Wilmer, Assistant

Town Manager for Administration

DATE/TIME

LAST DAY FOR QUESTIONS:

July 20, 2026 at 4:30 pm

DATE/TIME

BIDS DUE:

July 30, 2026 at 4:00 pm

PRE-BID MEETING

MANDATORY:

Strongly encouraged, but not mandatory.

Bids - In accordance with the following and in compliance with all terms and conditions, unless otherwise noted, the undersigned offers and agrees, if the bid is accepted, to furnish items or services for which prices are quoted, delivered or furnished to designated points within the time specified. It is understood and agreed that this entire Invitation to Bid (“ITB”) and any addenda shall constitute a contract.

Sealed bids, subject to terms and conditions of this ITB will be received by the Town at the address shown above until the date and time specified above.

The Town does not discriminate against small and minority businesses or faith-based organizations.

VENDOR INFORMATION

Name of Vendor: Telephone #:

Address: Fed. Emp. ID #:

Contact Name: _ Contact email Address:

By signing this bid, Vendor certifies, acknowledges, understands and agrees to be bound by the conditions set forth in this ITB. The individual signing warrants his authority to sign.

VENDOR’S LEGALLY AUTHORIZED

SIGNATURE

DATE

PRINT NAME TITLE

This document is to be completed & returned with bid submission.

PROJECT MANUAL FOR

TOWN OF BRIDGEWATER, VIRGINIA

RIVERWALK, PHASE III

TRANSPORTATION ALTERNATIVES

PROJECT

Riverwalk, Phase III

Transportation Alternatives

EN22-176-148

UPC 121208

June 29, 2026

Table of Contents

0001 Invitation to Bidders

0100 Instructions to Bidders

0300 Bid Form

0301 Bid Security

0303 State Corporation Commission Form

0304 Non-collusion Affidavit

0311 References List

0400 Terms & Conditions for the Town of Bridgewater, Virginia

0501 Agreement

0502 Notice to Proceed

0800 Contractor’s Application for Payment

Federal and State Requirements

SECTION 0001

INVITATION TO BIDDERS

1. PROJECT

Bridgewater Riverwalk, Phase III (the “Project”) is located in the Town of Bridgewater, Virginia.

2. DESCRIPTION OF WORK

Riverwalk, Phase III is the installation of a permeable paver, shared-use path beginning in

Edgebriar Park at the terminus of Riverwalk Phase I. The path connects to existing sidewalks on East Riverside Drive, utilizing existing sidewalks on the north side of the street. A new crosswalk connects to a new shared use path along the North River, terminating with a crosswalk near Hatcher Drive.

3. DOCUMENTS

Bid documents are available for viewing on the Internet at http://procurement.bridgewater.town and also on the eVA website at www.eva.virginia.gov. Hard copies of bid documents are available at the Bridgewater Community Center, 201 Green Street, Bridgewater, Virginia, 22812

(the “Bridgewater Community Center”).

4. PRE-BID CONFERENCE (OPTIONAL)

July 15, 2026 at 10:00 a.m. in Arey Assembly Hall at the Bridgewater Community Center.

Attendance is optional, but bidders are highly encouraged to attend. Questions will be received up until July 20, 2026 at 4:30 p.m. and posted as addenda on the Town’s website at http://procurement.bridgewater.town as well as on the eVA website at www.eva.virginia,gov.

5. BID BOND

Bids shall be accompanied by a 5% bid security. Bid bond must be in the form of a cashier’s check, certified check, or a bid bond issued by a surety.

6. BIDS DUE

July 30, 2026 at 4:00 p.m. at the Bridgewater Community Center.

7. BID OPENING

Bids will be opened and read publicly at the Bridgewater Community Center.

8. OWNER

The Town of Bridgewater, Virginia, 201 Green Street, Bridgewater, Virginia.

9. CONTRACT ADMINISTRATOR

Alexander M. Wilmer, Assistant Town Manager – Administration. 201 Green Street, Bridgewater, Virginia, 22801. amwilmer@bridgewater.town.

http://procurement.bridgewater.town/ http://www.eva.virginia.gov/ http://procurement.bridgewater.town/ http://www.eva.virginia,gov/ mailto:amwilmer@bridgewater.town?subject=Riverwalk,%20Phase%20I

0301-1

SECTION

INSTRUCTIONS TO BIDDERS

1. SECURING DOCUMENTS

Bid documents are available for viewing at the Bridgewater Community Center.

Bid documents are available for viewing on the internet at http://procurement.bridgewater.town and also on the eVA website at www.eva.virginia.gov.

Hard copies of bid documents are available at the Bridgewater Community Center.

2. BIDDER ELIGIBILITY

(a) Bids will only be accepted from Contractors who are experienced in and actively engaged in the type of construction of the item(s) called for in the bid. No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to the Town upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Town or had failed to perform faithfully any previous contract with the Town. Where an installation or assembly is to be performed by a subcontractor, the bidder must name the subcontractor, and the Town reserves the right to determine whether the named subcontractor is fit and capable to perform the required work. Bidders must be prequalified with VDOT to be considered responsive bidders on this project. A copy of the bidder’s VDOT Certificate of Qualifications must be submitted with the bid documents. All subcontractors shall be prequalified with

VDOT for all prequalifiable trades.

(b) Bidders are required to show evidence of certificate of registration prior to bid award.

(c) Bidders are to certify in the bid form that they are not currently barred from bidding on contracts by any agency of the Commonwealth of Virginia or any federal agency.

3. BID FORM AND SUBMISSION

In order to receive consideration, submit bids in accordance with the following:

(i) Make bids upon the forms provided herewith, properly signed and with all items filled out. Do not change the wording of the bid form, and do not add words to the bid form. Unauthorized conditions, limitations, or provisions attached to the bid may be cause for rejection of the bid.

(ii) Address bids to the Owner and deliver to the address specified in the invitation to bid on or before the day and hour set for opening the bids. Enclose each bid in an opaque, sealed envelope or box bearing the following caption: “Riverwalk, Phase III, Sealed Bid.” Submit only the original signed copy of the bid. It is the sole responsibility of the bidder to see that his bid is received on time. Late or incomplete bids may be http://www.eva.virginia.gov/ returned to the bidder. All expenses for making bids to the Town shall be borne by the bidder.

(iii) Indicate receipt of issued addenda. All Bidders are cautioned to check at http://procurement.bridgewater.town or at www.eva.virginia.gov to assure that all addenda have been received and that the cost consequences thereof have been included in the bid.

(iv) Although the bid is based upon unit prices, many items are to be priced under lump sum designations. It is the bidder’s responsibility to verify the exact scope of work for all items in order to establish a bid price.

(v) The following documents fully completed and signed where appropriate are required for a responsive bid:

▪ Signed Cover Sheet

▪ Insurance Requirements for the Town of Bridgewater

▪ Bid Form (0300)

▪ Bid Security (0301)

▪ State Corporation Commission Registration (0303)

▪ Non-Collusion Affidavit (304)

▪ VDOT Form C-48

▪ VDOT Form C-104

▪ VDOT Form C-105

▪ References List (0311)

▪ Copy of VDOT Certification of Qualifications

▪ Signed Addenda, if applicable

4. BONDS

Bid security in the amount stated in the Invitation to Bid must accompany each bid. The successful bidder’s security will not be returned until he has signed the Contract and has furnished the required Certificates of Insurance.

The Owner reserves the right to retain the security of all bidders until the successful bidder enters into the Contract or until 90 days after bid opening, whichever is sooner.

If any bidder refuses to enter into a Contract, the bid security may be forfeited. Prior to signing the Contract, the Owner will require the successful bidder to secure and post a

Labor and Materials Payment Bond and a Performance Bond, each in the amount of

100% of the Contract Sum. Such Bonds shall be issued by a Surety acceptable to the

Owner.

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a bid, each bidder shall examine the Drawings carefully, shall read the Project Manual and all other proposed Contract Documents, and shall visit the site of the Work. Each bidder shall fully inform himself prior to bidding as to existing conditions and limitations under which the Work is to be performed and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a bidder because of lack of such examination and knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

6. COMPLIANCE WITH FEDERAL AND STATE REQUIREMENTS

Contactor shall comply with Federal and State Requirements attached to this bid document. Contractors will be held responsible for the wage posting and reporting requirements stipulated in these documents. Contractor’s employees may be subject to brief interviews with VDOT or Town personnel. Contract award is subject to verification by Owner that Contractor is not banned from bidding on Federal or State aid projects.

7. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies on or omissions from any part of the proposed Contract Documents, he shall submit a written request to the Contract Administrator. Oral questions will not be permitted. All questions must be received no later than July 20, 2026 at 4:30 p.m. The person submitting the request shall be responsible for any other interpretations of the proposed Contract Documents. Questions will be answered in addendum format and posted as outlined in the invitation to bid, http://procurement.bridgewater.town as well as on the eVA website at www.eva.virginia,gov. It is the responsibility of all bidders to ensure that they have received all addenda and to include signed copies of any and all addenda with their bid submission.

8. AWARD OF CONTRACT

The Contract, if awarded, will be awarded to the lowest responsive and responsible bidder, meeting all specifications, subject to the Owner's right to reject any or all bids and to waive informality and irregularity in the bids and in the bidding.

9. EXECUTION OF AGREEMENT

(a) The form of the agreement which the successful bidder will be required to execute is included in the Project Manual.

(b) The bidder to whom the Contract is awarded shall, within ten calendar days after notice of award and receipt of agreement from the Owner, sign and deliver two original copies to the Owner.

(c) At or prior to delivery of the signed agreement, the bidder to whom the Contract is awarded shall deliver to the Owner the following documents, as required by the Owner and the Contract Documents: Certificates of Insurance, Labor and Materials Payment

Bonds, Performance Bond and Town Business License.

(d) Bonds and Certificates of Insurance shall be approved by the Owner before the successful bidder may proceed with the Work. Failure or refusal to provide Bonds or

Certificates of Insurance and Endorsement in a form satisfactory to the Owner shall http://procurement.bridgewater.town/ http://www.eva.virginia,gov/ subject the successful bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

10. CONSTRUCTION TIME.

The agreement includes a stipulation that all Work be completed by a specified date, but there are no provisions for liquidated damages.

11. TOWN BUSINESS LICENSE

A valid business license from the Town is required for successful award of this project.

At or prior to delivery of the signed Agreement/Contract, the bidder to whom the

Contract is awarded shall deliver to the Owner a copy of their Town Business License.

The bidder shall ensure that the Business License indicates a basis amount equal to or greater than the awarded Contract value.

12. CONSIDERATION OF PROJECT COMPLEXITIES

(a) In preparing this bid, Contractor shall understand and account for in its costs the complexities involved in administrating the construction required by this Contract, including all provisions as a VDOT LAP project.

(b) Contractor should be aware that this is a federal aid project with several requirements. The specific requirements for this project are shown in Section 0900. Bid forms pertaining to the federal requirements are included in Section 0305-0310.

Submission of a bid shall be an affirmation that the Contractor understands these complexities and difficulties associated with this project, that he has included in his bid a sufficient dollar amount to compensate for the additional time and effort these complexities and difficulties will require on his part, and that he understands that the

Owner will not accept any claim for time extension or additional costs associated with them.

13. INSURANCE REQUIREMENTS

By signing and submitting a bid or proposal the contractor certifies that if awarded the contract, they will have the following insurance coverages at the time the contract is awarded. If any subcontractors are involved, the subcontractor will have the same insurance. It is the responsibility of the contractor to ensure the subcontractor’s insurance meets contract requirements. The contractor further certifies that they or any subcontractor will maintain these coverages during the entire term of the contract.

(a) The contractor will maintain a general liability policy with $1,000,000 combined single limits with a $2,000,000 aggregate. Coverage is to be on an occurrence basis with an insurer licensed to conduct business in the Commonwealth of Virginia. The insurer must have an A. M. Best rating of A- or better. The insurer must list the Town of

Bridgewater as an additional insured.

(b) The contractor will maintain workers’ compensation coverage in compliance with the laws of the Commonwealth of Virginia. The coverage must have statutory limits and be with an insurer licensed to conduct business in the Commonwealth of Virginia.

The insurer must have an A. M. Best rating of A- or better. As an alternative, it is acceptable for the contractor to be insured by a group self-insurance association that is licensed by the Virginia Bureau of Insurance. The contractor will also carry employer’s liability insurance with a limit of at least $100,000 bodily injury by accident/$500,000 bodily injury by disease policy limit/$100,000 bodily injury by disease each employee.

(c) The contractor will maintain automobile liability insurance with limits of at least

$1,000,000. The insurer must be licensed to conduct business in the Commonwealth of

Virginia. The insurer must have an A. M. Best rating of A- or better.

BIDDER STATEMENT

We understand the Insurance Requirements of these specifications and will comply in full if awarded this contract.

Signature: Date:

Name: Title:

(Print)

Name of Firm:

This document must be completed & returned with bid submission.

SECTION 0300

BID FORM

To the Town of Bridgewater, Virginia:

The undersigned, having visited and examined the site and having carefully studied the drawings and project manual for the Town of Bridgewater, Main Street Pedestrian Improvements Project, hereby proposes to furnish all plant, labor, equipment, materials, and services and to perform all operations necessary to execute and complete the work required for the project in strict accordance with the drawings dated May 15, 2026 and the project manual dated June 29, 2026, together with addenda numbered , issued during bidding period and hereby acknowledged, subject to the terms and conditions of the agreement in the project manual, for the following sums of money:

For all labor, material, services and equipment necessary for the completion of the work shown on the drawings and in the project manual and in the addenda (if issued).

Riverwalk, Phase III (UPC 121208):

___________________________________________DOLLARS ($ ____________)

This bid submitted by (name of firm):

By: ______________________________________________

Title: ______________________________________________

It is understood and agreed that the Owner, in protecting his best interests, reserves the right to:

Reject any and all bids, or waive any defects in favor of the Town or accept any bid at the bid price, whereupon the contractor shall furnish equipment and materials as specified. Contractors shall indicate a unit price for each item listed in the Pay Items Summary which follows. The listed pay items are to contain all necessary costs required for completion of the work. It is understood that all quantities listed below are estimated quantities and the Owner reserves the right to raise, lower or eliminate any quantity or item. If any quantities are more than 10% of the bid quantities during construction, Town may renegotiate price with Contractor. Unit prices shall be used in determining partial and full payment.

Town of Bridgewater – Riverwalk, Phase III

BID TAB VDOT UPC# 121208

*This document must be completed & returned with bid submission.*

ITEM # DESCRIPTION

EST.

QTY

UNITS

BID UNIT

PRICE ($)

BID PRICE ($)

513SD20-0001 MOBILIZATION 1 LS

517SD20-0002 CONSTRUCTION SURVEY 1 LS

*512SX20-0003 MAINTENANCE OF TRAFFIC 1 LS

515SD20-0004 FLEXIBLE PAVE. PLANING 0"-2" 68 SY

508SD20-0005 DEMO. OF PAVEMENT RIGID 50 SY

508SD20-0006 DEMO. OF PAVEMENT FLEXIBLE 68 SY

**510SX20-0007 RELOCATE GROUND LIGHTS 2 EA

305SD20-0008 AGGR. MATL. NO. 1 (Undercut Estimated) 538 TON

308SD20-0009 AGGR. BASE MATL. T. 1 NO 21B 65 TON

502SD20-0010 STD. CURB CG-2 183 LF

502SD20-0011 STD. COMB. CURB & GUTTER CG-6 32 LF

504SD20-0012 CG-12 DETECTABLE WARNING SURFACE 8 SY

504SD20-0013 HYDR. CEMENT CONC. SIDEWALK 4" 112 SY

315SD20-0014 ASPHALT CONCRETE TY. SM-9.5A CONST 10 TON

315SD20-0015 ASPHALT CONCRETE TY. BM-25.0A CONST 10 TON

704SD20-0016 MMA PAINT LINE MRKG 6" 46 LF

704SD20-0017 MMA PAINT LINE MRKG 24" 90 LF

704SD20-0018 SHARED LANE MARKING 6 EA

701SD20-0019 SIGN PANEL 64 SF

700SD20-0020 SIGN POST STP-1, 2 1/2", 12 GAUGE 126 LF

700SD20-0021 CONCRETE SIGN FOUNDATION STP-1 TYPE A 9 EA

301SD20-0022 CLEARING & GRUBBING 1 LS

303SD20-0023 EARTHWORK 1 LS

303SD20-0024 EXTRA EXCAVATION (Undercut Estimated) 245 CY

*305SX20-0025 10' WIDE PAVER TRAIL 525 SY

305SD20-0026

GEOTEXTILE SUBGRADE STAB. (Undercut Estimated) 567 SY

302SD20-0027 DROP INLET DI-5 (Dog House) 1 EA

501SD20-0028 UNDERDRAIN UD-3 233 LF

603SD20-0029 TOPSOIL AND PERMANENT SEED 1 LS

303SD20-0030 INLET PROTECTION, TYPE B 2 EA

303SD20-0031 INLET PROTECTION, TYPE C 1 EA

303SD20-0032 TEMP. SILT FENCE TYPE A 649 LF

TOTAL BASE BID $

All Bid Items Shall Reference the 2020 VDOT Road and Bridge Specifications as Noted in the First Three Digits of the Item Number.

* See Measurement and Payment

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

0301 BID SECURITY

We are properly equipped to execute work of the character and extent indicated by the bidding documents and so covered by this bid and will enter into agreement for the execution and completion of the work in accordance with the drawings and project manual and this bid;

and we further agree that if awarded the contract, we will commence the work on the date stated in the "Notice to Proceed" document and prosecute the work and all obligations by the specified completion dates.

Enclosed herewith is the following security, offered as evidence that the undersigned will enter into agreement for the execution and completion of the work in accordance with the drawings and project manual.

Certified check or Cashier’s check for the sum of

Name of Bank

Bidder’s Bond in the amount of

Bond issued by

The undersigned further agrees that in case of failure on his part to execute the said agreement within the ten consecutive calendar days after written notice being given on the award of the contract, the monies payable by the security accompanying this bid shall be paid to the Town of Bridgewater, Virginia as bid bond shall be forfeited for such failure, otherwise, the security accompanying this bid shall be returned to the undersigned.

This bid is subject to acceptance within a period of 30 days from this date.

Respectfully submitted, Company Name

By Signature of Authorized

Printed Name

Date

This document must be completed & returned with bid submission.*

0303-1

0303 STATE CORPORATION COMMISSION FORM

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

_________________ -OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out- of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. Attach opinion of legal counsel to this form.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the

Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date:

Name:

Print

Title:

Name of Firm:

0304 NON-COLLUSION AFFIDAVIT

Under oath, I hereby affirm under penalty of perjury:

(1) That I am the bidder or a partner of the bidder, or an officer or employee of the bidding corporation with authority to sign on its behalf;

(2) That the attached bid or bids have been arrived at by the bidder and have been arrived at and submitted without collusion or any design to limit bidding or competition;

(3) That the contents of the bid or bids have not been communicated to any person not an employee or agent of the bidder on any bid furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and

(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

Signed

Title

Firm Name

CITY/COUNTY OF

STATE OF , to wit:

I, , a Notary Public, do certify that whose name is signed to the foregoing has this date acknowledged the same before me in my Town foresaid.

Given under my hand this day of , 20 .

My Commission expires .

Notary Public

Company: Contact Person:

Phone #: Email:

Project: Dates of Service:

0311 REFERENCES LIST

Indicate below a listing of at least three (3) current or recent client references, either commercial or governmental, that your company is servicing, has serviced, or has provided similar goods or services.

Reference #1

Reference #2

Reference #3

Indicate below a listing of at least one (1) current or recent client/account that has terminated your company’s services within the last two (2) years. Account(s) are preferred to be government accounts of a similar size and nature.

Terminated Reference (If Applicable)

COMPANY BACKGROUND (Attach additional sheets if necessary.)

Number of Years in Business:

Overview of Work History, Experience & Background of Company:

*This document must be completed & returned with bid submission.

0400 GENERAL TERMS AND CONDITIONS OF THE TOWN OF BRIDGEWATER, VA

These General Terms & Conditions shall apply to all purchases and be a part of every contract awarded by the Town of

Bridgewater unless otherwise specified in writing. Bidders/Offerors are expected to inform themselves fully as to the conditions, requirements and specifications before submitting bids/proposals. Procurement by the Town is subject to the Virginia Public

Procurement Act (VPPA) Title 2.2, Chapter 43 of the Code of Virginia and the provisions of The Purchasing and Contracting

Policy Manual for the Town of Bridgewater and any revisions thereto. If an inconsistency exists between the VPPA and the

Purchasing and Contracting Policy Manual for the Town, the VPPA Virginia Code sections take precedence.

DEFINITIONS

CONDITIONS OF BIDDING

Bid Price Currency

Bid/Proposal Acceptance Period Cancellation of Solicitations

Town Hall Closure Clarifications of Terms

Conflict of Interest/Collusion

Debarment Status

Discrimination Prohibited

Errors in Bids

Ethics in Public Contracting

Excusable Delay Licenses, Permits & Fees

TABLE OF CONTENTS

CONTRACT PROVISIONS

Anti-Discrimination

Antitrust

Applicable Laws & Courts

Assignment of Contract

Changes to the Contract

Contract Execution Contractual Disputes

Cooperative Procurement

Default Drug-Free Workplace

Immigration Reform & Control Act of 1986

Indemnification Insurance

Liability & Litigation

Mandatory Use of Town Forms & T&C for ITB’s & RFP’s Modification & Withdrawal of Bids/Proposals

Public Inspection of Certain Records

Revisions to the Official ITB/RFP

Taxes

AWARD

Contract Award

Precedence of Terms Qualifications of Bidders/Offerors

Selection Process/Award

Non-Discrimination of Contractors Payment Safety & OSHA Standards

State Corporation Commission (SCC) ID Number

Termination

SPECIFICATIONS

Condition of Items Formal Specifications

Use of Brand Names

DELIVERY

Defects or Improprieties

Testing & Inspection

Transportation & Packaging

DEFINITIONS

ADDENDUM/ADDENDA: Addition(s) or supplement(s) to a solicitation to clarify, modify or support information which becomes part of the contract.

BID: The offer of a prospective vendor/supplier to an Invitation To Bid to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership or other organization who submits a response to an Invitation to Bid or a Request for Proposal and offering to enter into a contract with the Town.

COLLUSION: A secret agreement or cooperation between two or more parties to accomplish a fraudulent, deceitful, or unlawful purpose.

CONFLICT OF INTEREST: An actual or potential situation in which the personal interests of a vendor, employee or public official are, or appear to be, in conflict with the best interests of the Town.

CONTRACTOR: The entity that has a direct contract with the Town to furnish goods, services or construction for a certain price.

TOWN or OWNER: Town of Bridgewater, Virginia.

DAY(S): Defined as calendar days unless otherwise specified as business days.

INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid or

Request for Proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

INVITATION TO BID (ITB): A formal request which is made to prospective suppliers (bidders) for their quotation on goods, services, or construction desired by the Town. The issuance of an ITB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

PROFESSIONAL SERVICES: Any type of professional service performed by an independent contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia). 2.2-4301

PROPOSAL: The document submitted by the offeror in response to the RFP to be used as the basis for negotiations for entering into a contract.

PURCHASING AGENT: The individual employed and given authority by Bridgewater for contract execution, Mr. Alexander

Wilmer, Assistant Town Manager. Purchasing Agent may also be referred to as Procurement Manager.

REQUEST FOR PROPOSAL (RFP): A formal request for a proposal from prospective offerors which will indicate the general terms which are sought to be procured from the offeror and where negotiations are conducted to come to a final contract.

The RFP will specify the evaluation criteria to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

RESPONSIBLE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having the capability in all respects to perform fully the contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance.

RESPONSIVE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having submitted a bid/proposal which conforms in all material respects to the ITB or RFP.

SOLICITATION: A formal document issued by the Town with the intent to purchase goods, services or construction. Can be either an Invitation To Bid or a Request For Proposal.

SWAM: Small, Women, and Minority-owned businesses.

SUBCONTRACTOR: A business entity that has a contract to supply labor or materials to the prime contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract.

CONDITIONS OF BIDDING

BID PRICE CURRENCY: Unless stated otherwise in the solicitation, bidders/offerors shall state bid/proposal prices in US dollars.

BID/PROPOSAL ACCEPTANCE PERIOD: Unless otherwise specified, all bids/proposals submitted shall be binding and may not be withdrawn for sixty (60) days following the bid/proposal opening date and time, unless extended by mutual consent of all parties. If the bid/proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

CANCELLATION OF SOLICITATIONS: 2.2-4319 An ITB, RFP or any other solicitation may be cancelled or rejected, but shall not be cancelled or rejected solely to avoid awarding a contract to a particular responsive and responsible bidder/offeror.

The reasons for cancellation shall be made part of the contract file.

TOWN HALL CLOSURE: If Town Hall is closed for business at the time scheduled for the bid opening, for whatever reasons, sealed bid/proposal will be accepted and opened on the next business day of the Town, at the original scheduled hour.

CLARIFICATION of TERMS: If any prospective bidder/offeror has questions about the specifications or other solicitation documents, the prospective bidder/offeror should contact the person identified in the solicitation no later than five (5) business days before the due date. Any revisions to the solicitation will be made only by addendum issued by the Town.

CONFLICT OF INTEREST/COLLUSION: Contractor certifies by signing their bid/proposal submission to the Town, that no conflict of interest or collusion exists between the Contractor and Town that interferes with fair competition and no conflict of interest or collusion exists between Contractor and any other person or organization that constitutes a conflict of interest with respect to the contract with the Town.

DEBARMENT STATUS: By signing their bid/proposal, the bidders/offerors certify that they are not currently debarred from submitting bids/proposals on contracts from any agency, public entity/locality or authority of the Commonwealth of Virginia.

DISCRIMINATION PROHIBITED: 2.2-4310 In the solicitation or awarding of a contract the Town shall not discriminate against a bidder/offeror because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. The Town encourages the participation of SWAM and Veteran-Owned businesses (as defined in 2.2-4310(F) in public procurement activities. Towards that end, the Town encourages contractors to provide for the participation of SWAM/Veteran-Owned businesses through partnerships, joint ventures, subcontracts, and other contractual opportunities.

ERRORS IN BIDS/PROPOSALS: When an error is made in extending total prices, the unit price will govern.

Bidders/Offerors are cautioned to recheck their bids/proposals for possible errors prior to submission.

ETHICS IN PUBLIC CONTRACTING: 2.2-4371 By submitting their bids/proposals, the bidders/offerors certify that their bids/proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder/offeror, supplier, manufacturer or subcontractor in connection with their bid/proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

EXCUSABLE DELAY: The Town shall not be in default of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond its reasonable control and without the fault of or negligence of the Town. Such causes may include, but are not restricted to acts of God or the public enemy, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the reasonable control and without the fault or negligence of the Town.

LICENSES, PERMITS and FEES: All proposals submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the Town of Bridgewater or the Commonwealth of Virginia. At or prior to delivery of the signed contract, the bidder/offeror to whom the contract is awarded shall deliver to the Town a copy of their Town

Business License (if applicable). The bidder/offeror shall ensure that the Business License indicates a basis amount equal to or greater than the awarded Contract value. For information on Town Business Licenses contact the Bridgewater Treasurer’s Office at 540-908-4212. The bidder/offeror must have all necessary licenses to perform the services in the Commonwealth of

Virginia and, if practicing as other than an individual, be authorized to do business in the Commonwealth of Virginia.

MANDATORY USE of TOWN FORMS AND TERMS and CONDITIONS for ITBs AND RFPs: Failure to submit a bid/proposal on the official Town form(s) provided or in the format identified, for that purpose shall be a cause for rejection of the bid/proposal. Unauthorized modification of or additions to any portion of the ITB or RFP may be cause for rejection of the bid/proposal. The Town reserves the right to decide, on a case by case basis, in it’s sole discretion, whether to reject any bid/ proposal which has been modified. As a precondition to its acceptance of an ITB response, the Town may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification to the provisions of the contract shall be effective unless the modification is incorporated into the contract document.

MODIFICATION & WITHDRAWAL OF BIDS/PROPOSALS: 2.2-4330

1. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, 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.

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid that shall 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.

2. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

3. No bid shall be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five percent.

4. If a bid is withdrawn in accordance with this section, the lowest remaining bid shall be deemed to be the low bid.

5. 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 the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

6. The public body shall notify the bidder in writing within five business days of its decision regarding the bidder’s request to withdraw its bid. If the public body denies the withdrawal of a bid under the provisions of this section, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, the public body shall return all work papers and copies thereof that have been submitted by the bidder.

7. These procedures also apply for the withdrawal of bids for other than construction contracts.

8. A bidder/offeror may modify or withdraw his bid/proposal, either personally or by written request to the Purchasing office at any time prior to the scheduled time for opening of bids/proposals.

PUBLIC INSPECTION OF CERTAIN RECORDS: 2.2-4342 Public inspection of all records is strictly governed by Code of

Virginia 2.2-4342 and in accordance with the Virginia Freedom of Information Act (VA Code 2.2-3700 et seq). Any inspection of procurement transactions shall be subject to reasonable restrictions to ensure the security and integrity of the records. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection.

REVISIONS to the OFFICIAL ITB/RFP: No bidder/offeror shall modify, revise, edit or make any unauthorized change(s) to the original official ITB/RFP. The official solicitation document and the Addenda(um) are the documents posted on the Town of

Bridgewater’s web site, https://bridgewater.town/services/ProcurementList.php. Any such violation as stated above may result in rejection of the ITB/RFP response. In addition, violations may result in the debarment of the bidder/offeror by the Town of

Bridgewater.

TAXES: Sales to the Town of Bridgewater are normally exempt from State sales tax. Virginia Sales and Use Tax Certificate of

Exemption, Form ST-12, will be issued upon request. The Town may also be exempt from other taxes and fees.

AWARD

CONTRACT AWARD

For ITB: The award(s) made in response to an ITB will be made to the lowest responsive and responsible bidder(s) for each item, or group of items indicated in the bid. The Town reserves the right to make the sole determination of whether the product and/or options offered meet the minimum specifications and is acceptable in accordance with the specifications. The Town’s decision shall be final.

The Town reserves the right to cancel a solicitation at any time and to reject any or all bids/proposals, in whole or in part, to waive any informality and to delete items prior to making the award(s), whenever it is deemed in the sole opinion of the Town to be in its best interest.

PRECEDENCE of TERMS: General Terms and Conditions shall apply in all instances with the exceptions for projects funded by the Federal Highway Administration (FHWA) and by the Federal Transportation Administration (FTA). In the event there is a conflict between the General Terms and Conditions and any Federal, Special, Standard, or Supplementary Terms and

Conditions in this solicitation, the Federal, Special, Standard, or Supplementary Terms and Conditions shall apply.

QUALIFICATIONS of BIDDERS/OFFERORS: The Town may make such reasonable investigations as deemed proper and necessary to determine the responsibility and ability of the bidder/offeror to perform the services/furnish the goods and the bidder/offeror shall furnish to the Town all such information and data for this purpose as may be requested. The Town reserves the right to inspect bidder’s/offeror’s physical facilities prior to award to satisfy questions regarding the bidder’s/offeror’s capabilities. The Town further reserves the right to reject any bid/proposal if the evidence submitted by, or investigations of, such bidder/offeror fails to satisfy the Town that such bidder/offeror is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

SELECTION PROCESS/NOTICE OF AWARD: Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the Purchasing office will publicly post such notice and/or will notify all responsive bidders/offerors.

The Town posts all Notice of Awards on its website at https://bridgewater.town/services/ProcurementList.php and also on eVA at www.eva.virginia.gov.

CONTRACT PROVISIONS

ANTI-DISCRIMINATION: 2.2-4311 By submitting their bids/proposals, bidders/offerors certify to the Town that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment http://www.harrisonburgva.gov/bids-proposals https://bridgewater.town/services/ProcurementList.php

Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities

Act.

In every contract over $10,000 the provisions below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Town all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the

Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Town under said contract.

APPLICABLE LAWS and COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, excluding its conflict of laws provisions, and venue for litigation with any respect thereto shall be proper only in the Circuit Court of Rockingham County, Virginia. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

ASSIGNMENT of CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Town.

CHANGES to the CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties by mutual agreement in writing, to modify the terms, conditions or scope of the contract subject to item 2. below.

Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Bridgewater Town Council. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of a bidder/offeror from the consequences of an error in its (bid/offer). 2.2-4309

3. The Procurement Manager (or Town delegated agent) may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Town of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Town's written decision affirming, modifying, or revoking the prior written notice. If the Town decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Town a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Town’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Town with all vouchers and records of expenses incurred and savings realized. The Town shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Town within thirty (30) days from the date of receipt of the written order from the Town.

If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes

Clause of this contract or, if there is none, in accordance with the disputes provisions of the Town of Bridgewater

Purchasing and Contracting Policy Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the

Town or with the performance of…