DEPARTMENT OF TRANSPORTATION · Builder’s Risk Insurance ... WHEREAS, Department and Successful...
Transcript of DEPARTMENT OF TRANSPORTATION · Builder’s Risk Insurance ... WHEREAS, Department and Successful...
DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street (804) 786-2701Commissioner Richmond, Virginia 23219 Fax: (804) 786-2940
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
April 17, 2020
NOTICE OF INTENT TO AWARD
UPC: 105510
Project No: 0095-111-270, R201, C501
I-95 Northbound Rappahannock River Crossing
Fredericksburg District
Contract No.: C00105510DB106
Mr. Glen Mays
Wagman Heavy Civil, Inc.
26000 Simpson Road
North Dinwiddie, VA 23803
Dear Mr. Mays:
Wagman Heavy Civil, Inc. has been determined the Successful Offeror for the above referenced
project with a Lump Sum Price of $107,457,777.77 which includes $3,611,652.90 for Option #1,
$4,055,543.00 for Option #2, and $330,234.00 for Option #3. The Virginia Department of Transportation (VDOT) has decided to execute all three Options and thereby will
recommend the award for the Base Scope and all Options at a Lump Sum Price of
$107,457,777.77.
Please make immediate arrangements to provide the VDOT with the Escrow Proposal
Documents as noted in RFP Part 1, Section 11.7 no later than April 22, 2020. Please also
provide the Escrow Proposal Agreement (enclosed as an attachment to this letter) at this time.
Furthermore, in accordance with the provisions set forth RFP Part 5 (Section 103.06) please
provide the items listed below no later than May 4, 2020. The required forms are available on
the VDOT Online forms website http://vdotforms.vdot.virginia.gov/.
1. RFP Exhibit 1 to Part 3 (attached; signature required)
2. Contract Performance Bond (Form C-18a)
3. Contract Payment Bond (Form C-18a)
4. SWPPP Certification Statement (Form C-45)
5. Certificates of Insurance as required for each of the following:
Workers compensation and Employers Liability Insurance
Commercial General Liability Insurance
Automobile Liability Insurance
Umbrella/Excess Liability Insurance
Architects/Engineers professional liability Insurance
Contractor’s Pollution liability Insurance
Builder’s Risk Insurance
Copies or facsimiles of these forms will not be acceptable. Please be aware failure to submit all
of these items and forms listed above to this office by the due date could cause a delay in the
execution of the contract.
You must be registered with eVA (www.eva.state.va.us) in order to be awarded the project.
Mr. Robert Ridgell, P.E., the VDOT Project Manager, will be responsible for the administration
of this contract. The VDOT Project Manager may be contacted by calling 540-379-7661. The
Baseline Schedule, in accordance with Part 3, Lump Sum Design-Build Agreement, Article 11.1.2,
must be prepared and sent to the VDOT Project Manager for review and approval within ninety
(90) days of the Date of Commencement. The VDOT Project Manager shall also be notified of
the names of the plants and producers from which the materials are to be supplied on a Department
furnished source of material form C-25, also available on VDOT’s website.
After formal action by the Commonwealth, you will be advised accordingly.
Sincerely,
Harold R. Caples
Assistant State Construction Engineer
Enclosure: Escrow Proposal Agreement
CC: Marcie Parker, P.E., Fredericksburg District Engineer
Michael T. Coffey, P.E., Fredericksburg District Construction Engineer
Michelle A. Shropshire, P.E., Fredericksburg District Preliminary Engineering Manager
Robert Ridgell, P.E., Fredericksburg District Project Manager, Construction
William Arel, P.E., Fredericksburg District Major Project Engineer
Shailendra G. Patel, P.E., DBIA, State Engineer, APD
Jeffrey A. Roby P.E., DBIA, Assistant State Engineer, APD
Suril Shah, P.E., Senior Project Delivery Engineer, APD
Signature on file with Alternative Project Delivery Division
Request for Proposals I-95 Northbound Rappahannock River Crossing
Part 1 City of Fredericksburg/Stafford County, Virginia
Instructions for Offerors Project No. 0095-111-270
Final Contract ID # C00105510DB106
ATTACHMENT 11.7.9
ESCROW AGREEMENT
THIS ESCROW AGREEMENT (Agreement) is made and entered into as of
_________________, 20____, by and among the Virginia Department of Transportation
(Department), ________________________ (“Successful Offeror”) and Sun Trust Bank
(Escrow Agent) with reference to the following facts:
WHEREAS, Department has issued a Request for Proposals dated September 19, 2019
(RFP) for the completion of the I-95 Northbound Rappahannock River Crossing, in City of
Fredericksburg/ Stafford County, Virginia (Project); and
WHEREAS, Successful Offeror has submitted to Department a proposal (Proposal) in
response to the RFP; and
WHEREAS, as part of the Proposal, Successful Offeror is submitting one copy of all
information regarding the assumptions made in developing the Proposal, as required under Part
1, Section 11.7 of the RFP, in one (1) separately sealed and labeled boxes (EPDs); and
WHEREAS, Department and Successful Offeror wish to employ the services of Escrow
Agent to act as the escrow holder with regard to the EPDs for the limited purposes set forth
below, and Escrow Agent has agreed to serve as such escrow holder under the terms and
conditions provided in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties hereby agree as follows:
1. Deposit. Successful Offeror hereby deposits with Escrow Agent the EPDs. Escrow Agent hereby acknowledges receipt of such EPDs, and such EPDs shall be held in
escrow under the terms and conditions of this Agreement.
2. Holding of EPDs. Escrow Agent shall hold the EPDs in escrow in a designated area on the premises of Escrow Agent located at 919 East Main St., 7th Floor, Richmond, VA
23219 on a confidential basis. The EPDs shall be stored in an area which is locked at all times.
No third party, including the employees of Escrow Agent, shall be allowed access to any of the
EPDs except as provided in Section 3 hereof, although this shall not preclude employees of
Escrow Agent from having access to the locked area for other purposes.
3. Review of EPDs. Escrow Agent shall provide facilities for joint review of the EPDs by representatives of Department and Successful Offeror in accordance with the terms of
the RFP, upon at least one business days’ advance notice.
_____________________________________________________________________________________________
Commonwealth of Virginia
Virginia Department of Transportation
Page 1 of 4
Request for Proposals I-95 Northbound Rappahannock River Crossing
Part 1 City of Fredericksburg/Stafford County, Virginia
Instructions for Offerors Project No. 0095-111-270
Final Contract ID # C00105510DB106
4. Release of EPDs. Escrow Agent shall release the EPDs as follows:
a) The EPDs of the Successful Offeror shall be returned once the work is
determined to be finally complete and the Successful Offeror has been
notified in writing of the determination of Final Acceptance in accordance
with RFP Part 4, Section 6.6. This release is contingent upon notification
from the Department’s Project Manager to the Department’s Alternate
Project Delivery Office (APDO) that the Final Application for Payment
has been submitted by the Successful Offeror in accordance with RFP Part
4, Section 6.3.3.
b) Upon receipt of this certification, APDO shall contact the Escrow Agent
and authorize release of the EPDs. The Escrow Agent shall then contact
and coordinate with the Successful Offeror for transfer of the EPDs at a
mutually convenient time at the Successful Offeror’s expense, as
applicable.
5. Representation and Warranty. Successful Offeror represents and warrants to
Department that, prior to delivery of the EPDs to Escrow Agent, the EPDs were personally
examined by an authorized representative of Successful Offeror and that they constitute all the
documentation and information used in the preparation of the Proposal.
6. Rights of Escrow Agent. If conflicting demands are made or notices served
upon Escrow Agent with respect to this escrow, the parties hereto expressly agree that Escrow
Agent shall have the absolute right at its election to do any of the following:
a) withhold and stop all further proceedings in, and performance of, this
escrow;
b) file a suit in interpleader and obtain an order from the court requiring the
parties to interplead and litigate in such court their several claims and
rights amongst themselves, or
c) deliver all EPDs with seals intact to another location to be selected by
Department within thirty (30) days after Escrow Agent delivers notice
thereof to Department.
7. Fees. Successful Offeror shall be responsible for an annual escrow fee of $2,500 payable directly to the Escrow Agent within the required timeframe. If Successful Offeror fails
to pick up the EPDs under Section 4(b), Successful Offeror shall pay any fees accruing
thereafter.
8. Notices. All notices which may be or are required to be given or made by either
party hereto to the other shall be in writing. Such notices shall be either personally delivered or
_____________________________________________________________________________________________
Commonwealth of Virginia
Virginia Department of Transportation
Page 2 of 4
Request for Proposals I-95 Northbound Rappahannock River Crossing
Part 1 City of Fredericksburg/Stafford County, Virginia
Instructions for Offerors Project No. 0095-111-270
Final Contract ID # C00105510DB106
_____________________________________________________________________________________________
Commonwealth of Virginia
Virginia Department of Transportation
Page 3 of 4
sent by registered mail, postage prepaid, to:
If to the Successful Offeror:
Attention:
E-Mail Address:
Phone #:
If to Department:
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Attention:
E-Mail Address:
Phone #:
If to Escrow Agent:
Sun Trust Bank
919 East Main Street, 7th Floor
Richmond, Virginia 23219
Attention: Charles Henderson
E-Mail Address: [email protected]
Phone #: (804) 782-7087
or to such other addressees and such other places as any party hereto may from time to time
designate by written notice to the others.
9. Counterparts. This Agreement may be executed in one or more counterparts, all
of which together shall be deemed an original.
10. Headings. The title headings of the respective paragraphs of this Agreement are
Request for Proposals I-95 Northbound Rappahannock River Crossing
Part 1 City of Fredericksburg/Stafford County, Virginia
Instructions for Offerors Project No. 0095-111-270
Final Contract ID # C00105510DB106
_____________________________________________________________________________________________
Commonwealth of Virginia
Virginia Department of Transportation
Page 4 of 4
inserted for convenience only, and shall not be deemed to be part of this Agreement or
considered in construing this Agreement.
11. Governing Law. The laws of the Commonwealth of Virginia, excluding its
conflict of laws, shall govern this Agreement.
12. Attorneys’ Fees. If either Department or Successful Offeror commences or
engages in any action by or against the other party directly or indirectly arising out of or in
connection with this Agreement, the prevailing party shall be entitled to have and recover from
the losing party reasonable attorneys’ fees and other costs incurred in the action and in
preparation for said action and any subsequent appeal. All parties agree to indemnify and hold
Escrow Agent harmless from and against all costs, expenses, and reasonable attorneys’ fees in
connection with any such action.
IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound by
this writing, have caused this Agreement to be executed the date first above written.
VIRGINIA DEPARTMENT OF
TRANSPORTION
By:
Name: Jeffrey A. Roby, P.E., DBIA
Title: Design-Build Program Manager
SUCCESSFUL OFFEROR
By:
Name:
Title:
The escrow provided for this Agreement is hereby accepted by Escrow Agent.
Sun Trust Bank:
By:
Name:
Title: