The Heights Building Phase 2 – Garage Addition, Field, and Accessibility Site Work

Invitation 00 1110-1 Invitation Arlington Public Schools Procurement Office Invitation to Bid 85FY23 Invitation to Bid Title: Invitation to Bid Number: Invitation to Bid Issue Date: Pre-Bid Conference: Bid Closing Date/Time: Bid Opening Date/Time: Procurement Office Representative: The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work 85FY23 February 1, 2023 February 9, 2023, at 10:00 A.M (Refer to Invitation Title Page 2) March 13, 2023, No Later Than 11:59 P.M. (DST) March 14, 2023, at 10:00 A.M. (DST) Brandon Christian, VCA Senior Procurement Specialist Office: (703) 228-7649 Email: brandon.christian@apsva.us _________________________________________________________________________________ This is Arlington County School Board’s, operating as Arlington Public Schools (“APS” or “Owner”), Invitation to Bid Number 85FY23 (“ITB”) for The Heights Building Phase 2 - Garage Addition, Field, and

Accessibility Site Work, located at 1601 Wilson Blvd., Arlington, VA 22209, (the “Project”). Sealed Bids in response to the ITB shall be solely received electronically, through a secure cloud-based file sharing platform as described and explained in this ITB (“Platform”). Bids shall not be received at the Syphax Education Center by mail, express mail, in person, or by courier. Bidders wishing to submit a Bid in response to the ITB are required to upload the Mandatory Requirements found in the Instruction to Bidders into the Platform through the link found on the Current Solicitations webpage, which can be located by accessing the APS Procurement Office website. A link to the webpage is provided below. Found under the Due Date column for ITB 85FY23 of the Current Solicitations table is a link for Bidders to submit their Bids. (“Link to submit Bid – ITB 85FY23”). To assist Bidders with the submission Invitation 00 1110-2 of their respective Bids, screenshots of the steps required to submit a Bid are attached as Appendix 1 to this ITB. For a Bid to be considered for award of a Contract, the Bid must be received in the Platform by no later than 11:59 P.M. on Monday, March 13, 2023 (“Bid Closing”). Bidders are strongly encouraged to submit their Bids in advance of Bid Closing to allow sufficient time for the Bids to be uploaded into the Platform before the Bid Closing. The time a Bid is reflected as having been received shall be determined by the time shown under the Activity in the Folder log (“the Log”). If the upload time shown in the Log is after Bid Closing, the Bid will be considered non-responsive and will not be considered for Contract award. Bids received after the Bid Closing shall not be considered. Confirmation is not provided that a Bid has been received in the Platform. However, Bidders can contact Brandon Christian at: brandon.christian@apsva.us or 703-228-7649 to request confirmation that its Bid has been received. Bids shall not be opened and announced in the Syphax Education Center but will be done so remotely at 10:00 A.M. on Tuesday, March 14, 2023 (“Bid Opening”) using Microsoft Teams. Anyone wishing to view the Bid Opening can also find the link to the Microsoft Teams invite under the Due Date column of the Current Solicitations table on the Procurement Office website (“Link to Bid Opening – ITB 85FY23”). Please note, the link requires attendees to use the Microsoft Teams application or the Google Chrome browser in order to view the Bid Opening. The Bid Opening shall commence promptly as scheduled. It is the responsibility of any Bidder signing into Microsoft Teams to complete the sign-in process and be online at the scheduled time for Bid Opening. For further information, please contact Brandon Christian at brandon.christian@apsva.us or, (703) 228-7649 Link to the Current Solicitations webpage: https://www.apsva.us/procurement-office/current-solicitations/ Bid Documents: Submission of a Bid is acceptance by the Bidder of all requirements of the Contract Documents if the Bidder is awarded the Contract. Terms used in this ITB shall have the same meaning as provided in the Contract Documents. The Contract Documents state the requirements of the Project with detail. Drawings and Specifications for this Project will be available electronically as PDF file format on the Owner’s Representative (Architect), VMDO Architects, FTP site. Login and password information for the FTP site will be emailed to all interested Bidders upon request. Please contact Owner’s Representative (Architect), Teresa Hamm-Modley, at 240-753-3890, or hammmodley@vmdo-dc.com The Bid Documents for this solicitation consist of this Invitation, the Instructions to Bidders, the Scope of Services, all Addenda issued prior to the Bid Closing, and the Bid Form. The Contract Documents are as defined in the form Agreement included with this solicitation. All provisions of the Bid Documents and of the Contract Documents shall apply to this solicitation, and submission of a Bid shall be the Bidder’s confirmation of the acceptance thereof and agreement to comply therewith. Pre-Bid Conference: A non-mandatory Pre-Bid conference (“Conference”) will be held at 10:00 A.M. (DST) on Thursday, February 9, 2023. The Conference is to discuss the Work and answer general questions concerning the Project. Attendance at the Conference is encouraged. Bidders are only able to attend the Conference on site at 1601 Wilson Blvd, Arlington, VA. Bidders must sign in with valid driver license or state issued identification card, at the Main Office located at Door Ten (D10). Attendees are encouraged to arrive fifteen (15) minutes early to permit time for signing in. The Conference will start promptly at 10:00 A.M. Refer to Section 13, Examination of Site, of the Instructions to Bidders, for information on visiting the Site following the Conference. mailto:brandon.christian@apsva.us https://www.apsva.us/procurement-office/current-solicitations/ mailto:hammmodley@vmdo-dc.com Invitation 00 1110-3 Minutes of the Conference, including but not limited to questions and answers presented at the Conference, will be issued in writing by the Procurement Office as an Information Item and distributed in the same manner as an Addendum, as set forth below. Bidder’s Questions: All questions regarding this solicitation, other than those submitted at the Conference, must be submitted in writing via email, addressed to Brandon Christian, Procurement Office, Senior Procurement Specialist, at brandon.christian@apsva.us, with copies to Robin Hodges, Facilities and Operations, Senior Project Manager, at robin.hodges@apsva.us and Teresa Hamm-Modley, Owner’s Representative (Architect), at hammmodley@vmdo-dc.com. Questions must be received by 5:00 P.M. local time, February 20, 2023. The Procurement Office will issue written answers to all questions timely submitted. The Procurement Office will issue written answers to all questions raised at the Conference as an Information Item. Information Items shall be posted on www.apsva.us (“the APS website”) and shall be posted on Virginia’s online electronic procurement system (“eVA”). It is the responsibility of each Bidder to access this information. Modification of the Bid Documents shall be accomplished only by a written Addendum issued by APS. If the answer to a question modifies the Bid Documents, it will be incorporated in and published as an Addendum. No answer to a question as an Information Item shall be deemed to be an Addendum. Addenda: The Bid Documents shall be modified only by written Addendum issued by APS. All Addenda shall be deemed to be a part of the Bid Documents. All Addenda shall be posted on the APS website and on eVA. It is the responsibility of each Bidder to access this information. The Bidder shall identify on the Bid Form in the space provided all Addenda received by the Bidder and which are included in the Bid, or the Bidder can include a copy of all Addenda with its Bid. It shall be the responsibility of each Bidder to confirm prior to submission of a Bid that it has received all Addenda. Failure of a Bidder to in fact have done so shall not relieve the Bidder from the requirements of the Bid, including all Addenda issued. Failure to comply with this requirement does not automatically make a Bid non-responsive. By submitting a Bid, the Bidder agrees that it is bound by its Bid and that it will accept any Contract awarded even if it did not obtain all Addenda before submitting a Bid. Information Items: All questions received timely, including those at the Conference, shall be addressed by written Information Item. The Bid Documents shall not be modified by an Information Item. All Information Items shall be posted on the APS website and shall be posted on eVA. It is the responsibility of each Bidder to access this information. Submission of Bids: Bidders wishing to submit a Bid in response to the ITB are required to upload the Mandatory Requirements found in the Instruction to Bidders into the Platform through the link found on the Current Solicitations webpage under the Procurement Office website. A link to the webpage is provided below. Found under the Due Date column for ITB 85FY23 of the Current Solicitations table is a link for Bidders to submit their Bids. (“Link to submit Bid – ITB 85FY23”). To assist Bidders with their Bid submission, screenshots of the steps required to submit a Bid are attached as Appendix 1 to this ITB. mailto:brandon.christian@apsva.us mailto:robin.hodges@apsva.us mailto:hammmodley@vmdo-dc.com http://www.apsva.us/ Invitation 00 1110-4 For a Bid to be considered for award of a Contract, the Bid must be received in the Platform by no later than 11:59 P.M. on Monday, March 13, 2023 (“Bid Closing”). Bidders are strongly encouraged to submit their Bids in advance of Bid Closing to allow sufficient time for the Bids to be uploaded into the Platform before the Bid Closing. The time a Bid is reflected as having been received shall be determined by the time shown under the Activity in the Folder log (“the Log”). If the upload time shown in the Log is after Bid Closing the Bid will be considered non-responsive and will not be considered for Contract award. Bids received after the Bid Closing shall not be considered. Confirmation is not provided that a Bid has been received in the Platform. However, Bidders can contact Brandon Christian at: brandon.christian@apsva.us or 703-228-7649 to request confirmation that its Bid has been received Bids submitted by email or facsimile will not be accepted. Bids shall not be received at the Syphax Education Center by mail, express mail, in person, or by courier. Bids shall be submitted only through the Platform. Bid Closing and Opening The Bid Closing is Monday, March 13, 2023, no later than 11:59 P.M. The Bid Opening will be held remotely on Tuesday, March 14, 2023, at 10:00 A.M. using Microsoft Teams. Project Description and Background: APS is currently seeking Bids for the Project. The Contractor will be responsible for furnishing all tools, equipment, labor, materials, and miscellaneous items needed for a complete turnkey Project. The Contractor’s responsibilities are described in the Construction Documents and shall generally include but are not limited to the following: 1. Selective demolition site work including but not limited to:  Concrete and masonry  Synthetic Turf with Musco lighting  Partitions, doors, frames, flooring, ceilings  Wall mounted accessories and other items noted  Storefront  Temperature Controls, Electrical, Plumbing Systems  Fire alarm device/cabling and Sprinkler  Dewatering delegated design  Asphalt and striping repairs  Driving/Boring Piles and crane operations 2. Modifications to the existing building include new:  Tie ins to the fire alarm system and new graphic  Tie ins to the sprinkler system  Tie ins to the electrical power  Tie ins to the HVAC Controls  Tie ins to the Security System  New entrance  Restoration of existing finishes disturbed or damaged by tie ins and adjacent work Negotiation Procedures in the Event the Apparent Low Bid Exceeds Available Funds: The Apparent Low Bid and the Apparent Low Bidder shall be the lowest responsive Bid from a responsible and qualified Bidder based upon the Total Bid as set forth in the Bid Form. If the Apparent Low Bid is within available funds, the Contract, if awarded, will be awarded to the Apparent Low Bidder for the entirety of the Work identified in the Contract Documents for the Total Bid subject to such Modifications which may arise subsequent to Bid Closing. Invitation 00 1110-5 The funds available for this Project will be announced immediately after Bid Closing and before Bid Opening. 1. If the Apparent Low Bid is not within available funds APS may negotiate with the responsible and qualified Bidder submitting the lowest responsive Total Bid (“Lowest Total Bid Bidder”). These negotiations may include consideration of value engineering, substitution of materials or equipment, and such other modifications of the proposed scope of the Project, Contract Period, or other Project requirements which are consistent with the Project as initially procured and with the public needs Arlington Public Schools has a duty to satisfy. APS also may attempt to obtain additional funding to increase available funds. APS and the Lowest Total Bid Bidder will discuss all such proposed means for achieving a Contract Sum within available funds for a period not to exceed thirty (30) Days from Bid Opening. 2. If APS and the Lowest Total Bid Bidder are unable to reach agreement within such thirty (30) Day period, APS may elect at any time either to reject all Bids and cancel this solicitation, or to terminate discussions with the Lowest Total Bid Bidder and initiate discussions with the responsible and qualified Bidder submitting a responsive Bid with the second lowest Total Bid (“Second Lowest Total Bid Bidder”). These discussions shall be on the same terms and conditions as set forth for the negotiations with the Lowest Total Bid Bidder. If APS elects to negotiate with the Second Lowest Total Bid Bidder and is unable to reach agreement within such thirty (30) Day period, then at any time APS may determine that all Bids shall be rejected and this solicitation shall be cancelled. Issued By: Brandon Christian, VCA Senior Procurement Specialist Office: (703) 228-7649 Email: brandon.christian@apsva.us End of Invitation mailto:david.webb@apsva.us The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-6 Instructions to Bidders 1. Meaning of Terms: All terms used in the Invitation, these Instructions to Bidders, the Bid Form, or any Addenda shall have the meanings established by the Contract Documents. 2. Failure to Comply with Mandatory Requirements: Mandatory provisions of this ITB are indicated by the inclusion of the words "shall" or "must" to identify the Bidder's obligations. Failure to comply with these requirements or with any other requirements stated as mandatory either in the Invitation, these Instructions to Bidders, the Bid Form, or any Addenda shall result in rejection of the Bid as non- responsive, except to the extent the failure or omission either is not a mandatory statutory requirement or does not affect price, quantity, quality or time, or if the requirement is designated in the Bid Documents as a Class 2 Mandatory Requirement for which supplementation after Bid Opening may be permitted. 3. Bidder Registration, Licensing and Certification: 3.1. To be eligible to Bid and to perform any Contract which may be awarded, a Bidder is required to be qualified to do business in Virginia in the name in which the Bid is being submitted, including but not limited to any required filings of applicable fictitious name authorizations. 3.2. To be eligible to Bid and to perform any Contract which may be awarded, a Bidder is required to have in effect all business licenses, Contractor licenses and trade certifications required by federal or state law or regulation, or by Arlington County, Virginia ordinance or regulation to perform the services which are the subject of this solicitation. 3.3. The Bidder shall include its Virginia Class A Contractor’s License Number and expiration date, and all classifications or specialty services certifications. All other registrations, licenses or certifications information and documentation shall be provided in compliance with the fillable fields provided in the Bid Form. Each such license, registration or certification shall show on its face that it is current and valid. 3.4. See “Submission of Bids” below for additional requirements regarding Bidder’s registration licensing and certification. 3.5. The Bid Form provides for identification of the Bidder’s State Corporation Commission Identification Number and for explanation of any reason the Bidder is not required to be authorized to transact business in the Commonwealth of Virginia. 3.6 These registration, licensing and certification requirements are mandatory provisions in the Bid Form and failure to complete these sections properly shall make the Bid non- responsive. 4. Examination of Bid Documents: Each Bidder shall thoroughly examine the Bid Documents. The Bidder’s failure or omission to examine any Bid Document shall not relieve the Bidder from any obligations with respect to its Bid or to any Contract which may result therefrom. Each Bidder shall be responsible for the discovery and resolution by inquiry of any ambiguity, discrepancy, error, omission or conflict in the Bid Documents and Contract Documents which in the exercise of reasonable care a reasonably The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-7 competent Contractor in the field of work involved reasonably should have discovered, all of which shall be included in the Bidder’s Total Bid 5. Submission of Bids: 5.1 Before submitting a Bid, Bidders are encouraged to visit the site of the Work, fully inform themselves as to all existing conditions and limitations, and shall include in the Bid a sum to cover the cost of all items included in the Contract. Bidders shall be fully responsible for having informed themselves as to all existing conditions for the Work. Any condition or circumstance arising after entering into the Contract which upon reasonable inspection reasonably should have been discovered prior to submitting the Bid shall not be the basis of any claim for adjustment of the Contract Sum or the Contract Time. 5.2 If the Owner is aware of any particular invention, design, process, product or device specified in the Contract Documents for use in performance of the Work which is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, it is set forth in the Contract Documents. If a Bidder discovers a requirement for any such fee or royalty, the Bidder shall make this requirement known to the Owner in order that an appropriate Addendum may be issued to all Bidders. 5.3 The Contractor shall, with its own forces, perform work having a value at least equal to the following percentage of the Total Bid awarded: 10% 5.4 Bidders wishing to submit a Bid in response to the ITB are required to upload the Mandatory Requirements found in the Instructions to Bidders into the Platform through the link found on the Current Solicitations webpage under the Procurement Office website. A link to the webpage is provided below. Found under the Due Date column for ITB 85FY23 of the Current Solicitations table is a link for Bidders to submit their Bids. (“Link to submit Bid – ITB 85FY23”). To assist Bidders with their Bid submissions, screenshots of the steps required to submit a Bid are attached as Appendix 1 to this ITB. 5.5 For a Bid to be considered for award of a Contract, the Bid must be received in the Platform by no later than 11:59 p. m. on Monday, March 13, 2023, (“Bid Closing”). Bidders are strongly encouraged to submit their Bids in advance of Bid Closing to allow sufficient time for the Bids to be uploaded into the Platform before the Bid Closing. The time a Bid is reflected as having been received shall be determined by the time shown under the Activity in the Folder log (“the Log”). If the upload time shown in the Log is after Bid Closing the Bid will be considered non-responsive and will not be considered for Contract award. Bids received after the Bid Closing shall not be considered. Confirmation is not provided that a Bid has been received in the Platform. However, Bidders can contact Brandon Christian at: brandon.christian@apsva.us or 703-228-7649 to request confirmation that its Bid has been received. 5.6 Bids submitted by email or facsimile will not be accepted. Bids shall not be received at the Syphax Education Center by mail, express mail, in person, or by courier. Bids shall be submitted only through the Platform. 5.7 All Bids must be submitted on the Bid Form provided with the Bid Documents or a copy thereof. For purposes of this provision, a copy is an exact duplicate of the attached Bid Form reproduced in any manner with no modification, additions or deletions. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-8 5.7.1 All blanks in the Bid Form must be completed or noted as not applicable. A notation of “not applicable” or “N/A” shall be used only if the information requested is not a required or mandatory element of the Bid. It is mandatory that everything in the Bid Form is completed. A price must be entered for each line item to be considered for award. Failure to comply with this requirement shall make the Bid nonresponsive. 5.7.2. Bid amounts shall be stated both in writing and in figures if the blanks in the Bid Form so provide, and shall state the same amount. If there is a variance between the written amount and the numerical amount, the written amount shall prevail. 5.7.3. Include only one price for each line item for which a price is to be provided. 5.7.4. If there is a variance between a unit price and an extension price, the unit price will prevail. 5.7.5. All entries shall be typed or handwritten in ink or other form of permanent marker; pencil shall not be used. 5.7.6. In the event there are any erasures or other modifications to previously written or typed entries, each such erasure or other modification shall be initialed by the person signing the Bid and a brief explanation included in the margin on the same page. 5.7.7. Each signature appearing on the Bid Form shall be handwritten, shall indicate such person’s authority to bind the Bidder, and shall be accompanied by the name of the signatory and the signatory’s title either typed or printed legibly. A person authorized to bind the Bidder in contractual matters must sign the Bid Form. 5.7.7.1 If the Bidder is a corporation, the legal name of the corporation on file with the Virginia State Corporation Commission shall be set forth above the signature line, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. 5.7.7.2 If the Bidder is a limited liability company, registered limited liability partnership, or limited partnership, the legal name of the firm on file with the Virginia State Corporation Commission shall be set forth above the signature line, together with the signature of the officer, officers, member, members, partner or partners as applicable authorized to sign Contracts on behalf of the firm. 5.7.7.3 If the Bidder is a partnership, the name of the partnership as stated in the partnership agreement shall be set forth above the signature line, together with the signature of the partner or partners authorized to sign Contracts on behalf of the firm. 5.7.7.4 If the Bidder is submitting a Bid under a trade name, the Bidder shall be identified on the signature line in the true name of the entity doing business as the trade name by the person authorized to sign Contracts on behalf of the firm. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-9 5.7.7.5 If the Bidder submitting a Bid is a joint venture, the Bidder shall be identified on the signature line in the name of the joint venture as provided in the written joint venture agreement, and the Bid shall be signed by all venturers by the person authorized to sign Contracts on behalf of each venturer. 5.7.8. The Bidder shall provide, in the space provided or directed in the Bid Form, (i) its Social Security number if an individual, or (ii) its federal employer identification number if a business entity other than an individual. 5.8 Any Bid received after the Bid Closing, whether through the Platform, by mail or otherwise, will not be considered and will be returned, unopened, without regard to the date of transmission. 5.9 Each Bidder must use the attached Bid Form for submitting its Bid. The Bidder shall upload into the Platform one (1) copy of the Bid Form, duly signed with the corporate seal impressed, if applicable, keeping all remaining pages for the Bidder’s files. For purposes of this provision, a copy is an exact duplicate of the attached Bid Form reproduced in any manner with no modifications, additions or deletions. By executing and submitting the Bid Form, the Bidder acknowledges that it has read all Bid Documents, understands them, and agrees to be bound by all terms and conditions therein. 5.10 Submission of Proprietary Information. The Virginia Public Procurement Act provides limitations on the right of a Bidder to assert that information submitted as part of a Bid is proprietary information or contains trade secrets which are not subject to public disclosure. For any information the Bidder seeks to exclude from public disclosure, the burden shall be on the Bidder to comply with all applicable requirements of the Virginia Public Procurement Act. Any documentation related to such attempt to preserve the limitation of public disclosure of any information shall be submitted as a part of the Bid submission but as a separate Attachment properly marked and paginated to clearly establish the intent of such submission. 5.11 Any quantities set forth in the Bid Form or elsewhere in this solicitation are estimates only and are given for the information of Bidders and for the purpose of Bid evaluation. They do not indicate the actual quantity that will be ordered since the actual volume will depend upon requirements that develop during the Contract Period. 6. Bid Security: 6.1. Bids shall be accompanied by a certified check, cashier’s check, cash escrow or a Bid bond in an amount not less than five percent (5%) of the amount of the Total Bid as a guarantee that if the Contract is awarded to the Bidder within the later of one hundred and twenty (120) days following Bid Opening or one hundred and twenty (120) days following issuance by the Owner of a Notice of Intent to Award to the Bidder, it will enter into the Contract for the Project mentioned in the Bid at the amount of the Bid and provide any required performance and payment bonds. The amount of any performance or payment bonds will be determined based on the Contract Price at the time of award, and is subject to adjustment thereafter as provided in the Contract Documents. The obligee or payee on all bonds shall be Arlington Public Schools. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-10 6.2. If the Bid security is provided in the form of a Bid bond, the surety company shall be licensed to conduct business in Virginia and be listed on the United States Treasury Department’s latest Circular 570. The Bid bond shall be prepared on the Bid Bond Form included in the Bid Documents. The attorney-in-fact who executes such Bid Bond on behalf of the surety must attach a notarized copy of its power-of-attorney as evidence of its authority to bind the surety on the date of execution of the Bid Bond. A copy of the Bid Bond shall be provided with the Bid 6.3. If the Bid security is in the form of cash, certified check, or cashier’s check, the Bidder shall submit a Bid with its Bid a security agreement conforming substantially in form and effect to the Bid Bond Form and if the security is a certified check or cashier’s check a copy thereof, and shall provide to the Owner the cash, certified check or cashier’s check prior to Bid Opening as a condition of the Bid being deemed responsive. The Owner shall be authorized to deposit such check or cash and to apply the funds in accordance with the security requirements set forth herein. 6.4. The Bid Bond or Bid security agreement must clearly make reference to the solicitation number and Bid title set forth in the Invitation to Bid. 6.5. Bid security in the form of certified checks, cashier’s checks or cash will be returned to all unsuccessful Bidders who submitted a certified check or cash within the earlier of rejection of all Bids or one hundred and twenty (120) days after Bid Opening or one hundred and twenty (120) days following issuance by the Owner of a Notice of Intent to Award to the Bidder. 6.6. If approved by the Arlington Public Schools’ Attorney, a Bidder may furnish a personal bond, property bond, or bank or savings institution’s letter of credit on certain designated funds in the face amount required for the Bid Bond. Approval shall be sought a minimum of seven (7) business days prior to Bid Closing in order to give the Owner sufficient time to evaluate the request. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the Arlington Public Schools equivalent to a corporate surety’s bond. 7. Guaranty Bonds: 7.1. The successful Bidder, at the time of the execution of the Contract, shall furnish a Performance Bond and a Payment Bond, each in an amount equal to one hundred percent (100%) of the Contract Price and the Contract shall not be deemed to have been fully executed until such bonds are provided. Bonds shall be on the forms herein provided and shall be issued by a surety company licensed to conduct business in the commonwealth of Virginia and listed on the United States Treasury Department’s latest Circular 570, and otherwise acceptable to Arlington Public Schools. The Performance Bond and the Payment Bond shall be in effect as of the date the successful Bidder signs the Contract, and if executed prior to the date the successful Bidder signs the Contract shall include written certification from the surety that the bond is effective as of the date of the Contract. If the successful Bidder is a partnership or joint venture all partners or ventures shall execute the bond as principal in a personal and not representative capacity, in addition to execution of the bond by the Contractor as principal. Cost of said bonds shall be included in the Contract Price. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-11 7.2 Arlington Public Schools reserves the right to request documentation from the surety company as to its financial capabilities, past experience, and other evidence of security’s reliability. In the event that the Contractor’s surety company becomes insolvent, bankrupt or in any way is incapable of providing the services, the Contractor shall, within ten (10) days’ notice from Arlington Public Schools, furnish new payment and performance bonds to Arlington Public Schools from a surety licensed to conduct business in Virginia, listed on the United States Treasury Department’s latest Circular 570, and otherwise approved by Arlington Public Schools Procurement Agent. Any cost in securing new bonding will be the responsibility of the Contractor. 8. Contract Award: 8.1. A Notice of Intent to Award, or a Notice of Award of Contract, will be posted on the Procurement Office website. 8.2 The Apparent Low Bid and the Apparent Low Bidder shall be the lowest responsive Bid from a responsible and qualified Bidder based upon the Total Bid as set forth in the Bid Form. If the Apparent Low Bid is within available funds, the Contract, if awarded, will be awarded to the Apparent Low Bidder for the entirety of the Work identified in the Contract Documents for the Total Bid, subject to such Modifications which may arise subsequent to Bid Opening. If the Apparent Low Bid is not within available funds, the Negotiation Procedures set forth as the Negotiation Procedures in the Event the Apparent Low Bid Exceeds Available Funds in the Invitation shall be implemented and followed. 8.3 Arlington Public Schools reserves the right to defer award or notice of intent to award of contract for a period of One Hundred Twenty (120) Days after Bid Opening. 8.4. In the case of a tie Bid, preference shall be given to goods, services and construction provided by a Bidder domiciled in Arlington County, if such a choice is available. Like preference shall be given to Bidders domiciled in Virginia when tied with Bidders not domiciled in Virginia. 8.5. Whenever the lowest responsible Bidder submitting a responsive Bid is a resident of or domiciled in any other state and such state under its laws allows a resident contractor of that state a preference of any kind, a like preference shall be allowed to the lowest responsible and qualified Bidder, submitting a responsive Bid, who is a resident of or domiciled in Virginia. If the lowest responsible and qualified Bidder submitting a responsive Bid is a resident of or domiciled in a state with an absolute preference, the Bid shall not be considered. 8.6. Notwithstanding the provisions of subsections 8.4 and 8.5, in the event that none of the foregoing provisions of this section resolve the tie, the tie shall be decided by lot. 8.7. A “responsive Bidder” shall mean a Bidder who has submitted a Bid which conforms, in all material respects, to the requirements of the Bidding Documents. 8.8. A “responsible Bidder” shall mean a Bidder who has the capability, in all respects, to perform fully the Contract requirements, and the moral and business integrity and The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-12 reliability which will assure good faith performance, and who has been pre-qualified if applicable to this solicitation. 9. Withdrawal of Bids: 9.1 All Bids submitted as of the Bid Closing shall remain in effect for a minimum of one hundred and twenty (120) Days following the Bid Opening if not permitted to be withdrawn as provided in these Instructions. If APS fails to either issue notice of intent to award, make an award, or request an extension of Bids prior to the expiration of such one hundred and twenty (120) day period, this solicitation shall be deemed cancelled. APS may request an extension of Bids prior to the expiration of such one hundred and twenty (120) Day period for a time stated in the request. No Bidder shall be required to consent to such extension and, if the Bidder declines to consent to the extension request, its Bid will be deemed withdrawn at the end of the one hundred and twenty (120th) Day after the Bid Opening and will not be considered further. For purposes of this circumstance only, the restrictions set forth below on withdrawal of a Bid are not applicable. The Bid of any Bidder who agrees to the extension request shall remain in effect for the period of time stated in the Owner’s extension request. 9.2 A Bidder may make a written request to the Procurement Agent to withdraw its Bid at any time prior to the Bid Opening. The request must be time stamped as received by the Procurement Agent prior to the Bid Closing. 9.3 After the Bid Opening, a Bidder may make a written request to the Procurement Agent to withdraw its Bid. The written request must be time stamped as received by the Procurement Agent no later than 5:00 P.M. local time on the first full business day following the Bid Opening. 9.4 Whether the request to withdraw a Bid is made before or after the Bid Closing, a Bidder may request withdrawal of its Bid from consideration only if the price bid was substantially lower than the other Bids due solely to a clerical or arithmetical mistake therein, as opposed to a judgment mistake, and was actually due to an unintentional arithmetical error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the Bid, which can be clearly shown by objective evidence drawn from inspection of the Bidder’s original work papers, documents and materials used in preparation of the Bid. The Bidder shall provide the original work papers, documents, and materials within the same time as required for the notice seeking withdrawal of the Bid. 9.5 If the Procurement Agent denies the written request to withdraw a Bid, the Bidder shall be notified in writing stating the reasons for the decision. Award of the Contract, if any award is made, shall be made to the Bidder at the Total Bid as is within available funds if the Bidder is a responsible Bidder submitting the lowest responsive Bid. 9.6 No Bid may be withdrawn 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 (5) percent. 9.7 If a Bid is permitted to be withdrawn, it shall not be considered in determining the lowest responsive Bid. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-13 9.8 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. 10. Rejection of Bids: Arlington Public Schools reserves the right to cancel this Invitation to Bid and to reject any and all Bids, and to waive any informality in any Bid received. 11. Substitutions: 11.1 The name of a certain brand, make, manufacturer, or definite specification is to denote the quality standard of article desired, but does not restrict Bidders to the specific brands, make, manufacturer, or specification named provided that the Bidder has obtained approval of the substitute as required below. It is to set forth and convey to prospective Bidders the general style, type, character and quality of article desired. Whenever in the Contract Documents a particular brand, make of material, device or equipment is shown or specified, such brand, make of material, device or equipment shall be regarded as a standard. Any other brand, make of materials, device, or equipment which, in the opinion of the Owner, is recognized as the equal of that specified, and is considered equal in quality, workmanship, design and economy of operation, and is suitable for the purpose intended, will be accepted and may be used in the work if approved as a substitute, except as stated otherwise in Product Requirements. 11.2 Substitute materials proposed as equals to materials specified must be submitted in writing to the Owner, in care of the Procurement Agent with full substantiating data for evaluation no later than twenty (20) Days prior to Bid Closing, providing all information in accordance with the required Specification, Product Requirements, in the Contract Documents. 11.3. In the event any brand, make, manufacturer or definite specification is intended by the Owner to be the required brand, make, manufacturer or definite specification with no substitutions permitted, the reference thereto shall clearly state that no substitutions are permitted and the designated brand, make, manufacturer or definite specification shall be included in the Bid and provided by the Contractor to whom the Contract is awarded. 12. Form of Contract: The Contract shall be written on the form included with this ITB as a Contract Document, “Agreement Between Owner and Contractor”. 13. Examination of Site: Bidders are highly encouraged to visit the Site, compare the Drawings and Specifications with any work in place, and inform themselves of all conditions, including other work, if any, being performed. Failure to visit the Site in no way relieves the successful Bidder from the necessity of furnishing any materials or performing any Work that may be required to complete the Work in accordance with the Drawings and Specifications without additional cost to the Owner. Site visit of the existing building will be done with the coordination of Arlington Public Schools Project Manager, Robin Hodges via email (robin.hodges@apsva.us) or phone (703)-872-9175. A walk-through for potential Bidders to explore the proposed building Site and existing conditions associated is scheduled for February 09, 2023, as part of the pre-Bid Conference. To reserve a place on the Site visit Bidders are required to contact the Arlington Public Schools Project Manager no mailto:robin.hodges@apsva.us The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-14 later than 5:00 PM on February 08, 2023. The Arlington Public Schools Project Manager will meet the Bidders’ representatives promptly at 11:00 A.M. at Door Ten (D10). Bidders’ representatives must not enter the building without the Arlington Public Schools Project Manager being present. 14. Authority to Transact Business: Any Bidder organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required by law. The proper and full legal name of the firm or entity and the identification number issued to the Bidder by the Virginia State Corporation Commission must be written in the space provided on the Bid Form. If the Bidder is a joint venture which does not have a SCC identification number, then the name of the joint venture as appearing in the written joint venture agreement shall be provided, all members of the joint venture shall be identified by full name, and each member of the joint venture shall provide its SCC identification number or establish its exemption from such requirement. Any Bidder that is not required to be authorized to transact business in the Commonwealth shall include in its Bid a statement describing why the Bidder is not required to be so authorized. APS may require a Bidder or any member or principal of a Bidder identified above to provide documentation prior to award which: 1) clearly identifies the complete name and legal form of the firm or entity (i.e. corporation, limited partnership, joint venture, etc.), and 2) establishes that the firm or entity is authorized by the State Corporation Commission to transact business in the Commonwealth of Virginia. Failure of a prospective and/or successful Bidder to provide such documentation shall be grounds for rejection of the Bid or cancellation of the award. For further information prospective Bidders should refer to the Commonwealth of Virginia State Corporation Commission website at: www.scc.virginia.gov. 15. Interest in More Than One Proposal and Collusion: More than one Bid received in response to this solicitation from an individual, firm, partnership, corporation, affiliate, or association under the same or different names, or as a member of a joint venture, will be rejected. Reasonable grounds for believing that a Bidder is interested in more than one (1) Bid for a solicitation both as a Bidder and as a subcontractor for another Bidder, will result in rejection of all Bids in which the Bidder is interested. However, a firm acting only as a subcontractor may be included as a subcontractor for two (2) or more Bidders submitting a Bid for the work. Any or all Bids may be rejected if reasonable grounds exist for believing that collusion exists among any Bidders. Bidders rejected under the above provisions shall be disqualified if they respond to a re-solicitation for the same work. 16. Request for Comments: Following the award of any Contract or Contracts, or the cancellation of this solicitation, all Bidders or potential Bidders are invited to provide to APS written comments regarding the manner in which this solicitation was conducted and any suggested modifications to that process which might make future solicitations by APS more efficient, more productive, and more attractive to potential Bidders. 17. Minimum Qualifications of Bidders: Refer to Appendix A to Bid Form. 18. Mandatory Requirement: 18.1 The following are Class 1 Mandatory Requirements which must accompany your Bid. Failure to provide any of the following Class 1 Mandatory Requirements with your Bid will result in the Bid being considered non-responsive and not being considered for Contract award: http://www.scc.virginia.gov/ The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-15 18.1.1 Inclusion of the Bidder’s current Virginia Class A Contractor’s License number and expiration date. This information will be used to confirm the Bidder’s classification and/or specialty services of CBC, PLB, ELE, HVA, FSP. 18.1.2 Required Bid Security in the form of either a certified check, cashier’s check, cash escrow or Bid Bond in the amount of five percent (5 %) of the Total Bid. 18.1.3. Completed Bid Form and Appendix A to Bid Form. 18.1.4. If the Bidder is a joint venture, a copy of the written joint venture agreement. 18.1.5. If the Bidder is a partnership, a copy of the written partnership agreement. 18.2 The following are Class 2 Mandatory Requirements which should accompany your Bid, but if omitted the Bidder may be given the opportunity to supplement its Bid in accordance with the restrictions set forth below: 18.2.1. List of Subcontractors for major divisions and/or features of work in compliance with the requirements of Item 17 of the Bid Form. 18.2.2. Pricing Breakdown for Total Bid in compliance with the requirements of Item 13 of the Bid Form. 18.2.3. A completed Insurance Coverage Checklist at Appendix 2 demonstrating it meets the insurance coverage specified in Part 13 of the General Terms and Conditions. 18.3 If a Class 2 Mandatory Requirement is not provided with the Bid of the Apparent Low Bidder, the Apparent Low Bidder will be Notified by the Procurement Office that the omitted Class 2 Mandatory Requirements must be received by the Procurement Office by no later than 5:00 PM on the fifth (5th) business day following the Notice to provide the information. Failure of the Apparent Low Bidder to provide the omitted Class 2 Mandatory Requirements within the stated timeframe will result in the Bid from the Apparent Low Bidder being considered non-responsive and no longer considered for Contract award. Pricing Breakdown for the Total Bid is to be provided in compliance with the requirements of Item 13 of the Bid Form. The Bid from the Second Apparent Low Bidder will then be considered for Contract award. If any Class 2 Mandatory Requirement is not provided with the Bid of the Apparent Second Low Bidder, the Apparent Second Low Bidder will be Notified by the Procurement Office that the omitted Class 2 Mandatory Requirements must be received by the Procurement Office by no later than 5:00 PM on the fifth (5th) business day following the Notice to provide the information. Failure of the Apparent Second Low Bidder to provide the omitted Class 2 Mandatory Requirements within the stated timeframe will result in the Bid from the Apparent Second Low Bidder being considered non-responsive and no longer considered for Contract award. This process will continue until a Contract, within budget, is awarded, or APS determines it to be in the best interests of APS to reject all bids and cancel the solicitation. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-16 19. Employment of Illegal Aliens: All Bidders are informed that any Contract which may be issued as a result of this solicitation will contain a provision by which the Contractor shall be required to confirm that it does not, and shall not during the performance of the Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986, in compliance with Va. Code. Ann. § 2.2-4311.1. 20. Certification Regarding Criminal Convictions: 20.1 All Contracts with APS, where the Contractor or its employees, or its Subcontractors or their employees, will have direct contact with students on school property during regular school hours, or during school-sponsored activities, shall require the Contractor to certify that neither it nor any of its employees nor any of its Subcontractors’ nor any of its Subcontractors’ employees, who will have direct contact with students, have been: (1) convicted of a felony or of a sexually violent offense as defined in Va. Code Ann§ 9.1-902 as mandated by Va. Code Ann. § 18.2-370.5, (2) convicted of an offense occurring on or after July 1, 2006, where the offender was more than three years older than the victim involving: (a) the rape of a child under age 13 pursuant to Va. Code Ann. § 18.2- 61.A(iii), (b) forcible sodomy of a child less than 13 years of age pursuant to Va. Code Ann. § 18.2-67.1.A.1, (c) object sexual penetration of a child under 13 years of age pursuant to Va. Code Ann. § 18.2-67.2.A.1, or (d) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof. 20.2 This requirement is applicable without exception for a person convicted of a felony or of a sexually violent offense as defined in Va. Code Ann. § 9.1-902, but for all other offenses set forth above this requirement does not apply unless the qualifying offense was done in the commission of, or as a part of the same course of conduct of, or as part of a common scheme or plan as a violation of: a) abduction or kidnapping in violation of Va. Code Ann. § 18.2-47.A, b) abduction with intent to extort money of for immoral purpose in violation of Va. Code Ann. § 18.2-48, c) burglary in violation of Va. Code Ann. § 18.2-89, d) entering a dwelling house with intent to commit murder, rape, robbery or arson in violation of Va. Code Ann. § 18.2-90, e) aggravated malicious wounding in violation of Va. Code Ann. § 18.2- 51.2, or The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-17 f) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof. 20.3 The Contractor certification covers its employees, its Subcontractors and the employees thereof. (Submit completed Appendix A). 20.4 The Contractor certification shall also cover its employees, its Subcontractors and employees thereof, assigned to the Work after Contract award. The Contractor, upon demand from APS, shall provide all information which allowed for the Contractor’s certification. 21. Contractor Prohibited in Assisting Person for New Job if Engaged in Misconduct with Minor. As a condition of being awarded a Contract, or Contract Renewal, the Contractor acknowledges it is prohibited from assisting the elected and appointed officials of APS, its officers, current and former employees, agents, departments, agencies, boards, and commissions employee, and contractors, including all levels of subcontractors, in obtaining a new job if the Contractor knows or has probable cause to believe that the elected and appointed officials of APS, its officers, current and former employees, agents, departments, agencies, boards, and commissions employee, and contractors, including all levels of subcontractors, engaged in sexual misconduct regarding a minor or student in violation of law. 22. Additions/Deletions: APS reserves the right to add similar items/services or delete items/services specified in any resultant Contract as requirements change during the period of the Contract. APS and the Contractor will mutually agree to prices for items/services to be added to the Contract. In the absence of agreement, APS shall set the price based on the most comparable previously established unit price. Invoices and payments shall be made based on the price established by APS, with all rights reserved to Contractor to pursue any claim disputing the price. Change orders will be issued for all additions or deletions. 23. News Releases by Contractors: As a matter of policy, APS does not endorse the products or services of a Contractor. Contractor will not make news releases concerning any resultant Contract from this solicitation without the prior written approval of APS, which approval APS is under no obligation to grant. No news release shall be issued by Contractor regarding any Contract without the prior approval by the Procurement Agent of the content and format. 24. Officials not to Benefit: 24.1 By signing the Bid, the Bidder certifies, that to the best of his or her knowledge no APS official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this Contract. If such a benefit has been received or will be received, this fact shall be disclosed with the Bid or as soon thereafter as it appears that such a benefit will be received. If such a benefit is discovered at any time after award of the Contract, it shall be disclosed immediately to APS. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the Contract made, or could affect payment pursuant to the terms of the Contract. 24.2 Whenever there is reason to believe that a financial benefit of the sort described in The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 2113-18 paragraph 24.1 has been or will be received in connection with a Bid or Contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, the Procurement Agent, as a prerequisite to payment pursuant to the Contract, or at any other time, may require the Contractor to furnish, under oath, answers to any interrogatories related to such possible benefit. 24.3 In the event the Bidder has knowledge of benefits as outlined above, this information should be submitted with the Bid. If the above does not apply at time of award of Contract and becomes known after inception of a Contract, the Bidder shall address the disclosure of such facts to the Procurement Agent, 2110 Washington Blvd., Arlington VA 22204. Relevant Invitation to Bid Number (see page 1) should be referenced in the disclosure. 25. Expenses Incurred in Preparing Bid: APS shall have no liability for any expense incurred by any Bidder in the preparation and presentation of a Bid. All expenses related to a Bid are the sole responsibility of the Bidder. 26. Contractor’s COVID-19 Responsibilities: In the interest of public safety, health and welfare and to promote compliance with federal, state and local guidelines for mitigating the spread of COVID-19, the Contractor in all aspects of performing the Work and controlling the Project Site shall comply with, and shall take all reasonable steps to ensure that its subcontractors, sub-subcontractors and all other persons on the Project Site during the Contract Period comply with, the COVID-19 Centers for Disease Control and Prevention guidelines for Construction Workers, the NABTU and CPWR COVID-19 Standards for U.S. Construction Sites, and such other federal, state or local guidelines or regulations as may be promulgated. End of Instructions to Bidders The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-19 Bid Form Invitation to Bid Title: Invitation to Bid #: Invitation to Bid Issue Date: Bid Closing Date/Time: Bid Opening Date/Time: Name of Bidder: The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work 85FY23 February 1, 2023 March 13, 2023, No Later Than 11:59 P.M. (DST) March 14, 2023, at 10:00 A.M. (DST) _________________________________________ Submit Bid: By Uploading into the Platform 1. The undersigned Bidder declares that it has informed itself fully of all conditions pertaining to the Work and to the location where the Work is to be performed; that it has examined the Bid Documents and Contract Documents, including the Agreement between Owner and Contractor, Conditions of the Contract (General and other conditions), Instructions to Bidders, the Drawings, the Specifications, all Addenda, and all conditions relative to the Work to be performed. 2. The Bidder proposes and agrees, if this Bid is accepted within the number of days provided for in the Instruction to Bidders, to enter into a Contract with the Owner in the form of Contract specified, for the Contract Sum, and within the Contract Period indicated in the Bid Documents to furnish all necessary material, equipment, machinery, apparatus, transportation and labor as required to complete the project indicated on this Bid Form. 3. The Bidder certifies that it has not combined, conspired or agreed to intentionally rig, alter or otherwise manipulate, or to cause to be rigged, altered or otherwise manipulated this Bid for the purpose of allocating purchases or sales to or among persons, raising or otherwise fixing the prices of the goods or services, or excluding other persons from dealing with Arlington Public Schools. 4. Arlington Public Schools requires that a minimum of thirty (30) days after receipt of an approved Application for Payment (invoice) be allowed for payment. 5. The Bidder certifies that it will comply with all provisions of the Virginia Public Procurement Act and with the regulations of Arlington Public Schools. 6. By submitting a Bid, the Bidder represents that the Bidder understands the Insurance Requirements of the Contract Documents and will comply in full if awarded the contract. 7. In submitting this Bid, Bidder represents, as more fully set forth elsewhere in the Bid and Contract Documents: The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-20 a. Owner has recommended the Bidder examine the site and locality where the Work is to be, the legal requirements (federal, state, and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress of performance of the Work and has made such independent investigations as Bidder deems necessary. b. Bidder acknowledges that Owner and Owner’s Representative (Architect) do not assume responsibility for the accuracy of dimensions or completeness of information and data shown or indicated in the Bid Documents with respect to existing facilities. c. Bidder acknowledges that it is obligated to provide to Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered or in the exercise of due diligence and reasonable care as a reasonably competent contractor for the Work to which this Bid is applicable should have discovered in the Bid and Contract Documents and the written resolution thereof by the Owner is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. d. By submitting a Bid in response to this Invitation to Bid, Bidder represents that in the preparation and submission of this Bid, Bidder did not, either directly or indirectly, enter into any combination or arrangement with any person, firm, or corporation or enter into any agreement, participate in any, collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman Act (15 U.S.C. Section 1) or Sections 59.1-9.1 through 59.1-9.17 or Sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia. e. Bidder hereby certifies that, if awarded the Contract for construction of the Project, it will take all possible actions to minimize costs to Owner that are related to any disruptions in any part of the Work resulting from unforeseeable conditions which may be encountered and Work changes or additions which may be made. f. Bidder understands that the award of the Contract, if any, will be made on the Total Bid unless specifically stated otherwise in the Instructions to Bidders or in this pre-printed Bid Form. Bidder understands that upon award of Contract, all items specified in the Bid Documents shall be furnished unless an "Or-Equal" or "Substitute Item" is accepted by Owner in accordance with the Bid Documents and Contract Documents. g. The Bidder agrees to bear full cost of maintaining the Work until the date the Owner issues the Certificate of Substantial Completion . h. This Bid will remain subject to acceptance for one hundred and twenty (120) days after the day of the Bid Opening. i. Owner may cancel this Invitation to Bid, and may reject any and all Bids received. 8. Bidder agrees to the required times for Substantial Completion, Final Completion, and to resulting Liquidated Damages as follows: a. The Work will commence in accordance with the Contract Documents and will have a Substantial Completion Date, a Final Completion Date, and liquidated damages, if any, as provided in the Contract Documents. These completion dates are subject to adjustments of the Contract Period as provided in the Contract Documents. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-21 9. A. As a Class 1 Mandatory Requirement, the following documents are attached to and made part of this Bid: 1. Required Bid Security in the form of either a certified check, cashier’s check, cash escrow or Bid Bond in the amount of five percent (5 %) of the Total Bid. 2. Contractor’s License information in compliance with Paragraph 18.1.1 of the Instructions to Bidders. 3. Completed Appendix A to Bid Form. 4. If the Bidder is a joint venture, a copy of the written joint venture agreement. 5. If the Bidder is a partnership, a copy of the written partnership agreement. B. The following documents are Class 2 Mandatory Requirements and are: (Please complete the following by checking the appropriate line that applies to providing the requested information) a. _____ attached to and made a part of this Bid b. _____will be supplemented in compliance with the provisions of Paragraph 18.3 of the Instructions to Bidders: 1. List of Subcontractors for major divisions and/or features of work in compliance with the requirements of Item 17 of this Bid Form and Paragraph 18.2.1 of the Instructions to Bidders. 2. Pricing Breakdown for Total Bid in compliance with the requirements of Item 13 of the Bid Form 3. Completed Insurance Coverage Checklist in compliance with Paragraph 18.2.3 of the Instructions to Bidders. 10. By submitting this Bid, Bidder certifies that the firm submitting this Bid and registered under that name has the appropriate license and/or certification, as determined by the Commonwealth of Virginia, Department of Professional and Occupational Regulation, Virginia Board for Contractors to perform the scope of work included in this Bid. Include license number below. a. ____ Registered as a Contractor under Title 54.1, Chapter 11 of the Code of Virginia: Licensed Class Virginia Contractor No. Valid until (Date). Classifications Specialty Services ________________________________________________________________ 11. Bidder has examined copies of the following Addenda, and receipt of all is hereby acknowledged: Addendum No. Dated: Addendum No. Dated: The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-22 Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: 12. Intentionally deleted. 13. Bid Schedule My Bid to provide all labor, materials and equipment necessary to complete the Work described in the Invitation to Bid is provided in the Bid Form Bid Item 1. Total Bid: In Writing Dollars In Figures $ :00 The funds available for this Project will be announced at the start of the Bid Opening. If Arlington Public Schools is unable to achieve a Contract Sum within available funds for the Total Bid, Arlington Public Schools may negotiate to achieve a Contract Sum within available funds in the manner provided in the Invitation. Bid Item 2. Pricing Breakdown for Total Bid Above: Provide Lump Sum prices per Division as listed in the Scope of Work and Bid Documents. Cumulative total of all Divisions listed shall match the Total Bid. (This information is a Class 2 Mandatory Requirement. Bidder may elect not to include the information in its Bid as submitted for Bid Closing. If not included in the Bid submitted for Bid Closing, this information and this form must be received by Owner no later than 4:00 P.M. the next business day following Notice by the Procurement Office to provide the information or the Bid will be deemed nonresponsive and not considered further.): Division 1. General Requirements Dollars ($ ) Division 2. Demolition Dollars ($ ) Division 3. Concrete Dollars ($ ) Division 4. Masonry Dollars ($ ) Division 5. Metals Dollars ($ ) Division 6. Woods/Plastics/Composites Dollars ($ ) Division 7. Thermal/Moisture Dollars ($ ) Division 8. Openings Dollars ($ ) Division 9. Finishes Dollars ($ ) Division 10. Specialties Dollars ($ ) Division 11. Parking Control Equip Dollars ($ ) Division 12. Site Furnishings Dollars ($ ) The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-23 Division 21. Fire Suppression Dollars ($ ) Division 22. Plumbing Dollars ($ ) Division 23. Temperature Controls Dollars ($ ) Division 26. Electrical Dollars ($ ) Division 28. Electronic Safety/Security Dollars ($ ) Spec 31 2319 Dewatering Delegated Design Dollars ($ ) Division 31. Earthwork minus 31 2319 Dollars ($ ) Division 32. Exterior Improvements Dollars ($ ) Division 33. Utilities Dollars ($ ) Allowance 01 Unsuitable Soils Dollars ($ 100,000.00 ) Allowance 02 Mill/Overlay/Striping Dollars ($ 75,000.00 ) Allowance 03 Owner Allowance Dollars ($ 100,000.00) Bid Item 3. Bid Alternates: There are no Bid Alternates for this solicitation Bid Item 4. Allowances: A. Allowances have been established in lieu of additional requirements and to defer selection of actual materials and equipment to a later date when direction will be provided to Contractor. B. See Section 01 2100 Allowances for further details. The three (3) allowances noted in Bid Item 2 above shall be included in the Bidder’s Total Bid. 14. Contact for Administration: Name: Address: (Office) Telephone Number: (Office) Fax Number: Full Legal Name of Bidder Remittance Address (If different): Address: Phone: ( ) Email Address: The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-24 Fax: ( ) Date: Tax ID Number (EIN/SSN): 15. State Corporation Commission (SCC) Identification Number: A Bidder is required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise by law. The Bidder confirms that at the time of Bid Closing, the Bidder has met the requirements of the Virginia Public Procurement Act Section 2.2-4311.2. The Bidder shall include in its Bid the identification number issued to it by the Virginia State Corporation Commission (“SCC”). If the Bidder is a joint venture which does not have a SCC identification number, then the name of the joint venture shall be provided, all members of the joint venture shall be identified by full name, and each member of the joint venture shall provide its SCC identification number or establish its exemption from such requirement. For more information on how the SCC can expedite a request for an identification number, please contact the SCC at (www.scc.virginia.gov ) or the SCC Clerk’s office at 1-804-371-9733. Please complete the following by checking the appropriate line that applies and providing the requested information 1. ____ Bidder is a Virginia business entity organized and authorized to transact business in Virginia by the SCC. The Bidder’s identification number issued by the SCC is . (The SCC number is NOT your federal tax Identification number nor your eVA registration number). 2. ____ Bidder is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such Bidder’s identification number issued to it by the SCC is . 3. ____Bidder is a Virginia joint venture organized and authorized to transact business in Virginia by the SCC. 4. ____Bidder is a joint venture which does not have an identification number issued to it by the SCC but each member of the joint venture is authorized to transact business in Virginia and the SCC identification numbers issued to each member of the joint venture are: [list member name and SCC identification number for each member, or provide the asserted exemption information in sub Section 5 below] _____________________________________________________________________________________ 5. ____Bidder does not have an identification issued to it by the SCC and such Bidder is not required to be authorized to transact business in Virginia by the SCC for the following reason(s): If you check Option 5 above, you must attach additional sheets to explain in further detail why such Bidder is not required to be authorized to transact business in Virginia. Bids that fail to submit supporting details regarding option 3 above may be considered non-responsive by APS. *Note: If Bidder is required to have an SCC#, the SCC# shall be active at the date/time that the Bid is opened. Failure of Bidder to have an active SCC# at the date/time the Bid is opened will result in a determination that Bid is non-responsive and the Bid shall be rejected and will not be considered for Contract award. 16. Virginia Contractor’s License: A Bidder is required at the time of Bid Closing and, if awarded a Contract, at the time of contracting, to hold a Virginia Class A Contractor’s License with all Classifications and/or Specialty Services certifications required for all portions of the Work the Bidder intends to perform with its own forces if awarded the Contract. The Bidder confirms that at the time of Bid Closing, the Bidder holds a Virginia Class A http://www.scc.virginia.gov/ The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-25 Contractor’s License with all Classifications and/or Specialty Services certifications required for all portions of the Work the Bidder intends to perform with its own forces. The Bidder shall include in its Bid the Class A Contractor’s License number and date of license expiration, and the Classification and/or Specialty Services certifications held. If the Bidder is a joint venture which does not have a Virginia Class A Contractor’s License, then the name of the joint venture shall be provided, all members of the joint venture shall be identified by full name, and each member of the joint venture shall provide Contractor’s License information in compliance with these requirements. 17. List of Subcontractors: Listed below are certain divisions or features of the Work contained in the Contract Documents (“Identified Divisions or Features”). For any Identified Division or Feature which the Bidder intends to perform itself, it is a Class 1 Mandatory Requirement that the Bidder hold the Classifications and/or Specialty Services designations required to permit it to perform that Identified Division or Feature. For any Identified Division or Feature which the Bidder intends to have performed by a Subcontractor (“Identified Division or Feature Subcontractor”), the Bidder shall state below the name of each proposed Identified Division or Feature Subcontractor, and shall state the Virginia Class A Contractor’s License number and expiration date for that Identified Division or Feature Subcontractor. The Contractor’s License for each proposed Identified Division or Feature Subcontractor shall include the Classification and/or Specialty Services certification which permits the Identified Division or Feature Subcontractor to perform such Work. As a Class 2 Mandatory Requirement, the Bidder may elect to submit this Identified Division or Feature Subcontractor Information as provided in Paragraph 18.3 of the Instructions to Bidders. For any Subcontractors other than Identified Division or Feature Subcontractors, all such Subcontractors shall have a Virginia Contractor’s License in compliance with the Class A, Class B or Class C requirements established by applicable statutes and Virginia Board for Contractors Regulations at the Class level and holding the Classifications and/or Specialty Services certifications required to perform the Work included in the applicable Subcontract. For all proposed Subcontractors other than Identified Division or Feature Subcontractors, the successful Bidder shall have a maximum of fourteen (14) days after Notice to Proceed to submit to APS for vetting and approval the final list of such Subcontractors, which final list shall include the previously Identified Division or Feature Subcontractors. If the Bidder at any time after Bid Closing seeks to change an Identified Division or Feature Subcontractor identified below, the Bidder shall comply with the requirements of General Conditions Part 6. The Bidder certifies that all Subcontractors listed are eligible in all respects to perform the Work. Bidder’s failure to submit the List of Subcontractors in compliance with Item 9.B of this Bid Form shall result in Bidder’s Bid being deemed as non-responsive. Subcontractor's Work Subcontractor Name Class A Contractor’s License Number (Including any Classifications and/or Specialty Services) Expiration Date Plumbing (PLB) The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools 00 4100-26 Electrical (ELE) HVAC (HVA) Fire suppression (FSP) 18. Debarment Status: If you answer yes to any of the following, on a separate attachment, state the person or entity against whom the debarment was entered, give the location and date of the debarment, describe the project involved, and explain the circumstances relating to the debarment, including the names, addresses and phone numbers of persons who might be contacted for additional information 1. Is your organization or any officer, director, project manager, procurement manager, chief financial officer, partner or owner currently debarred from doing federal, state or local government work for any reason? Yes ___ No ___ 2. Has your organization or any current officer, director, project manager, procurement manager, chief financial officer, partner or owner ever been debarred from doing federal, state or local government work for any reason? Yes ___ No ___ My signature certifies that the Bidder has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to Arlington Public Schools, and that there are no principals, officers, agents, employees, or representatives of Bidder that have any business or personal relationships with any other companies or person that could be considered as a conflict of interest or a potential conflict of interest to Arlington Public Schools, pertaining to any and all work or services to be performed as a result of this Bid and any resulting Contract with Arlington Public Schools. Person signing must be authorized to bind the Bidder in contractual matters. If the Bidder is a joint venture the Bid must be signed by an authorized representative of each member of the joint venture. Add additional copies of this signature page if necessary By: Name: Title: Date: End of Bid Form The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Appendix A to Bid Form 00 4110-27 Appendix A to Bid Form Bidder’s Qualifications I. Bidder Experience: The Bidder shall have experience and expertise in the construction of a garage or structured parking, and renovation of K-12 schools or equivalent institutional facilities. This experience shall include construction completed within a tight schedule. The Bidder must have a minimum of ten (10) years’ experience as a Virginia Class A licensed contractor as of Bid Closing. The Bidder, or its Subcontractors, must have the Classifications and/or Specialty Services designations required to perform the Work. If the Bidder or its principals operated under another name or entity within five (5) years, the Bidder shall provide the same level of information on the other name or entity. 1. Please state whether the Bidder has a minimum of ten (10) years’ experience as a Virginia Class A licensed contractor and holds a current Class A Contractor’s License: Yes______ No______ 2. Please state whether the Bidder has all of the Classifications and/or Specialty Services designations required to perform the Work: Yes______ No______ 3. If the Bidder’s answer to the preceding question was “No,” comply with the requirements of Paragraph 18 of the Instruction to Bidders and Item 17 of the Bid Form regarding proposed Subcontractors 4. Please provide the date on which the Bidder was established as a full time Virginia Class A Licensed Contractor: (Month/Day/Year): _______________________________________________________________ 5. Name of Previous Business or Entity (If Applicable):______________________________________. The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Appendix A to Bid Form 00 4110-28 II. Substantial Non-Compliance: If you answer yes to any of the following, on a separate attachment give the date of the termination order, or payment, describe the project involved, and explain the circumstances relating to same, including the names, addresses and phone numbers of persons who might be contacted for additional information. 1. In the last three (3) years has received a final order for failure to abate or for a willful violation by the US OSHA or by the Virginia Department of Labor and Industry or any other government agency; Yes______ No_________ 2. Has paid liquidated damages for failure to complete a project by the contracted date on two (2) or more projects in the last five (5) years; Yes______ No_________ 3. Has paid actual damages resulting from failure to complete a project by the contracted date on two (2) or more projects in the last five (5) years; Yes_______ No_________ 4. Has been terminated for cause on a contract in the last five (5) years; Yes_______ No_________ 5. Was more than thirty (30) days late, without good cause, in achieving the contracted substantial completion date where there was no liquidated damage provision on two (2) or more projects in the last three (3) years; Yes_______ No_________ 6. Has received two (2) or more cure notices or partial default notices on a single project in the past two (2) years or two (2) or more cure notice on five (5) separate projects in the past five (5) years; Yes_______ No_________ 7. Has had a substantial completion date, or a final completion date where the contract did not state a substantial completion date, of more than ninety (90) days after the contract substantial or final completion date on two (2) or more projects in the last three (3) years, for reasons within the Offeror's control. Documented delay of delivery of material necessary to perform remaining work or seasonal conditions that bear on performing the work or operating specific equipment or building systems shall be considered in mitigation; Yes_______ No_________ 8. Has had Performance or Payment Bond claims paid on its behalf in the last five (5) years. Yes ___ No ___ The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Appendix A to Bid Form 00 4110-29 III. Demonstrated Performance on Relevant Projects: The Bidder must have demonstrated satisfactory performance, as determined by Arlington Public Schools, on a minimum of three (3) individual relevant projects and shall have the following criteria: A. Minimum value of $15,000,000 (fifteen million dollars). An example project included that consists of multiple individual and distinct projects for the same Owner aggregated for the sake of reaching the minimum amount will not be accepted. B. Successfully and substantially completed within the past ten (10) years prior to Bid Closing. C. At least one (1) project shall include a garage or structured parking. D. At least one (1) project must be K-12 schools or equivalent institutional facilities. E. At least one (1) project shall be within a dense setting similar to the Project Site with experiencing in construction staging and obtaining the appropriate public space permits. 1. Please state whether the Bidder meets the requirements listed above. Yes______ No______ 2. For each project listed, please provide the following information: • Project 1: i. Name of Project: ii. Description (Bidder may attach additional description to this Form): iii. Owner Name: Address: Contact Person: Telephone Number: ( ) iv. Design Architect/Engineer Name: Address: Contact Person: Telephone Number ( ) The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Appendix A to Bid Form 00 4110-30 v. Contract Dates Notice to Proceed: Original Contractual Completion: a) Substantial Completion b) Final Completion Actual Completion: a) Substantial Completion b) Final Completion Attach additional information if the actual Substantial Completion date exceeded the contractual Substantial Completion date by more than 30 (thirty) days. vi. Original Contract Price $ Final Contract Price $ • Project 2: i. Name of Project: ii. Description (Bidder may attach additional description to this Form): iii. Owner Name: Address: Contact Person: Telephone Number: ( ) iv. Design Architect/Engineer Name: Address: Contact Person: Telephone Number ( ) v. Contract Dates Notice to Proceed: The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Appendix A to Bid Form 00 4110-31 Original Contractual Completion: a) Substantial Completion b) Final Completion Actual Completion: a) Substantial Completion b) Final Completion Attach additional information if the actual Substantial Completion date exceeded the contractual Substantial Completion date by more than 30 (thirty) days. vi. Original Contract Price $ Final Contract Price $ Project 3: i. Name of Project: ii. Description (Offeror may attach additional description to this Form): iii. Owner Name: Address: Contact Person: Telephone Number: ( ) iv. Design Architect/Engineer Name: Address: Contact Person: Telephone Number ( ) v. Contract Dates Notice to Proceed: Original Contractual Completion: a) Substantial Completion b) Final Completion Actual Completion: a) Substantial Completion The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Appendix A to Bid Form 00 4110-32 b) Final Completion Attach additional information if the actual Substantial Completion date exceeded the contractual Substantial Completion date by more than 30 (thirty) days. vi. Original Contract Price $ Final Contract Price $ IV. Key Personnel: 1. Project Superintendent: The Project Superintendent shall have at least ten (10) years of experience as a Superintendent. Also, the Project Superintendent must have managed or supervised at least three (3) projects of similar size and complexity. Please confirm whether the Project Superintendent meets the requirements listed above. Yes______ No______ Please attach a copy of the Project Superintendent’s resume. 2. Project Manager: The Project Manager shall have at least five (5) years of experience as a Project Manager. Also, the Project Manager must have managed at least three (3) projects of similar size and complexity. Please confirm whether the Project Manager meets the requirements listed above. Yes______ No______ Please attach a copy of the Project Manager’s resume. End of Appendix A to Bid Form The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Standard Bid Bond 00 4313-33 Standard Bid Bond Bond #: _______________ Amount: _______________ KNOW ALL MEN BY THESE PRESENTS: That __________________________________________________________________________________ __________________________________________________________________________________ (insert full name or legal title of Contractor and address) as Principal, and ________________________________________________________________________ (insert full legal title of the Surety) a corporation duly organized under the laws of the State of _______________ and qualified to do business in Virginia, having its principal place of business at _____________________________________________________________________________________ _________________________________________________________________________, as Surety, are held and firmly bound unto the Arlington Public Schools as Obligee, in the amount of _____________________________________ Dollars($___________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid to Obligee dated ____________________________, 20___, in response to an Invitation to Bid issued by Principal titled for a project identified as The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work, located at 1601 Wilson Blvd., Arlington, VA 22209. Bid Number 85FY23. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such, unless permitted to be withdrawn as provided by the Instructions to Bidders, A. If the Bid shall remain open for a period of not less than one hundred twenty (120) days following opening of the Bids and be rejected, or in the alternate B. If the Bid shall remain open for a period of not less than one hundred twenty (120) days following opening of the Bids and be accepted and the Principal shall execute and deliver a Contract in the form of Contract identified in the Invitation to Bid and Instructions to Bidders, properly completed in accordance with the Bid, and shall in compliance with the requirements of the Contract Documents furnish a Performance Bond, Payment Bond, and all required insurance for its faithful performance of the Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance by Principal of the Bid as set forth in the Bid Form, The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Standard Bid Bond 00 4313-34 THEN this Obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the amount of this Obligation as herein stated. Provided, however, that in addition to the amount of this Obligation as herein stated, the Surety shall be liable for all reasonable and customary costs of litigation and attorneys’ fees incurred by the Obligee in enforcing the obligations hereunder. The Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and its Bond shall in no way be impaired or affected by any extension of the Bid Opening date or time or by any extension of the time within which the Owner may accept such Bid, and the Surety does hereby waive Notice of any such extensions and consents thereto. The Surety hereby certifies that this Bid security shall be effective at the time of the subject Bid Opening. Signed and sealed this ___________________ day of _____________________________, 20______. _______________ Principal __________________ Witness By: ___________________ Title _____________________________________ (SEAL) Surety __________________________________ Resident Virginia Agent By: _____________________________ Title AFFIDAVIT AND ACKNOWLEDGMENT OF SURETY COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ____________________________________________________________, To-wit: I, the undersigned notary public, do certify that __________________________________________ personally appeared before me in the jurisdiction aforesaid and made oath that he/she is attorney-in-fact of the __________________________________ (Name of Surety), that he/she is duly authorized thereby to execute in its behalf a certain (bid) bond in the sum of ________________________ ___________________________ Dollars ($____________), dated the _____________ day of ___________, 20___, wherein Arlington Public Schools is the Obligee, _____________________________ is the Principal and ____________________________ is Surety, by virtue of a certain power of attorney made by said Surety, dated ____________ and _____ RECORDED in the Clerk's Office of the Circuit Court of ________________________________, Virginia, in Deed Book ______, Page _____, or Instrument # __________ / NOT RECORDED (check applicable box); that the said power of attorney has not been revoked; that the said Surety is legally qualified to do business in Virginia; and, that the said ___________________________________ thereupon, in the name and on The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Standard Bid Bond 00 4313-35 behalf of the said Surety, acknowledged the aforesaid bond as its act and deed. Given under my hand this __________ day of ____________________________, 20______ . Notary Public My Commission expires: __________________________________________________________ Registration Number: ___________________________________________________________ CERTIFICATION OF CONSENT TO ELECTRONIC SIGNATURES Principal and Surety hereby agree to conduct the transaction of execution of this Bond by electronic means pursuant to the provisions of VA. CODE ANN. § 59.1-483, and consent and agree that the Obligee and any other Beneficiary hereunder may rely upon electronic signatures of Principal and Surety on this Bond as fully as if provided in original signature format, and use for enforcement of any and all obligations of Principal and Surety under this Bond a copy hereof with electronic signature or signatures, with no necessity to provide an original signature version, all pursuant to the provisions of and as provided by the Uniform Electronic Transactions Act, as adopted in Virginia as VA. CODE ANN. Title 59.1, Chapter 42.1, §§ 59.1-479 through 496, as may be amended or modified at any time hereafter. Signed and sealed this ___________________ day of _____________________________, 20______. _____________________________________________ Principal _____________________________________________ Witness By: ________________________________________ Title _____________________________________________ (SEAL) Surety _____________________________________________ Resident Virginia Agent By: ________________________________________ Title AFFIDAVIT AND ACKNOWLEDGMENT OF SURETY The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Standard Bid Bond 00 4313-36 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ____________________________________________________________, To-wit: I, the undersigned notary public, do certify that __________________________________________ personally appeared before me in the jurisdiction aforesaid and made oath that he/she is Attorney-in-Fact of the __________________________________ (Name of Surety), that he/she is duly authorized thereby to execute in its behalf a certain Certification of Consent to Electronic Signatures in conjunction with a bid bond in the sum of ________________________ ___________________________ Dollars ($____________), dated the _____________ day of ___________, 20___, wherein Arlington Public Schools is the Obligee, _____________________________ is the Principal and ____________________________ is Surety, by virtue of a certain power of attorney made by said Surety, dated ____________ and _____ RECORDED in the Clerk's Office of the Circuit Court of ________________________________, Virginia, in Deed Book ______, Page _____, or Instrument # __________ / NOT RECORDED (check applicable box); that the said power of attorney has not been revoked; that the said Surety is legally qualified to do business in Virginia; and, that the said Attorney-in- Fact, in the name and on behalf of the said Surety, acknowledged the aforesaid Certification as its act and deed. Given under my hand this __________ day of ____________________________, 20______ . Notary Public My Commission expires: __________________________________________________________ Registration Number: ___________________________________________________________ End of Standard Bid Bond The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Agreement Between Owner and Contractor 00 5200-37 Arlington Public Schools Procurement Office 2110 Washington Blvd., Arlington, VA 22204 • Phone: (703) 228-6123 • Fax: (703) 841-0681 www.apsva.us Agreement Between Owner and Contractor CONTRACT 85FY23 is made and entered into this ___ day of _________________, 2023; the date the Agreement is fully executed, between Arlington County School Board, operating as Arlington Public Schools, Virginia (the "Owner" or “APS”) and _________________________________________________ (the "Contractor"), whose address is In consideration of the mutual stipulations, agreements and covenants contained herein, the parties hereby agree as follows: 1. The Project Contractor shall provide all labor, services, equipment and materials necessary and required to complete the Work in accordance with the Contract Documents for the following Project: The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work, located at 1601 Wilson Blvd., Arlington, VA 22209. 2. The Contract Documents The following, except for such portions thereof as may be specifically excluded, constitute the Contract Documents except for titles, subtitles, headings, running headlines, and tables of contents (all of which are used merely for convenience): 1. Agreement Between Owner and Contractor 2. General Conditions 3. Drawings and Specifications 4. Bid Documents and Addenda 5. Notice to Proceed Modifications issued after execution of this Agreement have the precedence as addressed below. In the event of a conflict between any Contract Documents, the order of precedence shall be in the order the Contract Documents are listed above, with the exception that any Addendum or Modification shall The Heights Building Phase 2 - Garage Addition, Field, and Accessibility Site Work Arlington Public Schools Agreement Between Owner and Contractor 00 5200-38 have precedence over the preceding version of the Contract Document modified thereby. In the event of a conflict within a Contract Document at the same level of precedence, that provision requiring the higher quality of performance or quantity shall prevail. In the event of a conflict which is not resolved by the foregoing, the Owner shall determine the provision having precedence in a manner consistent with the intent of the Contract Documents as a whole. All provisions required by Law to be included in this Contract or otherwise applicable to this Contract shall be deemed to be a part of this Contract, whether actually set forth herein or not. The Contract Documents are complementary and what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error, ambiguity or discrepancy in the Contract Documents, it shall immediately, in writing, call such conflict, error, ambiguity or discrepancy to the attention of Owner and the Owner’s Representative before proceeding with the Work affected thereby. The Owner and/or the Owner’s Representative shall promptly resolve the matter in writing. Work done by the Contractor after it discovered, or reasonably should have discovered, such conflicts, errors, ambiguities or discrepancies, prior to written resolution thereof by the Owner, shall be done at the Contractor's expense and the Contractor shall bear the risk of any delay arising therefrom or related thereto. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. T