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

http://vdotforms.vdot.virginia.gov/

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

http://www.eva.state.va.us/

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

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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

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sent by registered mail, postage prepaid, to:

If to the Successful Offeror:

Attention:

E-Mail Address:

Phone #:

If to Department:


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





_____________________________________________________________________________________________



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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: