PROJECT MANUAL FOR THE CONSTRUCTION OF CIP … · 1/12/2016 · project. RECEIPT OF BIDS: All bids...

PROJECT MANUAL

FOR

THE CONSTRUCTION OF

CIP

DEPARTMENT OF PUBLIC WORKS

CITY OF VIRGINIA BEACH, VIRGINIA

BID NUMBER

This Sheet Left Blank

TABLE OF CONTENTS PAGE NUMBER BIDDING REQUIREMENTS AND CONDITIONS Advertisement for Bid IV-1 through IV-2 Instructions to Bidders IB-1 through IB-7 Bid Proposal/Contract P-1 through P-11 Questionnaire Q-1 through Q-4 AWARD AND EXECUTION OF THE CONTRACT Instructions to Successful Bidder AW-1 through AW-3 Contractor Performance Evaluation (CPE) AW-4 Contract Performance Bond AW-5 through AW-7 Contract Payment Bond AW-8 through AW-9 Contractor's Certificate of Insurance AW-10 City of Virginia Beach Public Works/Contracts General Conditions/Articles One through Five GC-1 through GC-27

CITY OF VIRGINIA BEACH SWAM CERTIFIED-SMALL BUSINESS PARTICIPATION EFFORTS (FORMS CVAB-E2, CVAB-E, & WORKFORCE)

TECHNICAL SPECIFICATIONS Mandatory Specification: Contractor Performance Evaluation Form

CPE-1through CPE-7

Revised January 12, 2016 1

BIDDING REQUIREMENTS AND CONDITIONS ADVERTISEMENT FOR BID

PROJECT:

CIP CONSTRUCTION OF

CITY OF VIRGINIA BEACH, VIRGINIA, BID NUMBER

The City of Virginia Beach, Virginia will receive sealed bids for the furnishing of all equipment, labor and material, and the performing of all work for the above described project.

RECEIPT OF BIDS:

All bids must be time stamped no later than (local time), by the of the Office of the Purchasing Agent, in the Purchasing Division, 2388 Liberty Way, Kempsville Building, Virginia Beach, Virginia 23456. Bids time stamped _____ or later will not be considered, and will be returned unopened to the prospective bidder. The remaining bids will be publicly opened and read aloud thereafter.

Bid Documents may be inspected at the Builders and Contractors Exchange, Inc., 1118 Azalea Garden Road, Norfolk, Virginia 23502; A & E Reprographics, Inc., 100 Aragona Blvd., Suite 103, Virginia Beach, VA 23462.

Bid Documents may be obtained by appointment only from the office of Phone No. , between : a.m. and : p.m., Monday through Friday, upon payment of a deposit of dollars. Deposit checks shall be made payable to

The work includes

A pre-bid conference will be held on at at the Purchasing Division, 2388 Liberty Way, Kempsville Building, Virginia Beach, Virginia 23456.

Revised January 12, 2016

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The procedure for withdrawal of bid due to error shall be per Section 2.2-4330 (A) (i) of the 1950 Code of Virginia, as amended.

ALL BIDDERS ARE ADVISED THAT THERE IS A REQUIREMENT FOR THE PREPARATION AND INCLUSION OF A SWAM-CERTIFIED SMALL BUSINESS SUBCONTRACTING PARTICIPATION PLAN. WHERE THE CONTRACTOR INTENDS TO UTILIZE SUBCONTRACTORS, AT LEAST 50% OF THE VALUE OF THE SUBCONTRACTED WORK SHALL BE PROVIDED BY ONE OR MORE SWAM-CERTIFIED SMALL BUSINESSES, OR THE CONTRACTOR MUST PROVIDE DOCUMENTATION SHOWING, WITH SPECIFICITY, THE GOOD FAITH EFFORTS UNDERTAKEN TO MEET THE 50% SWAM USAGE REQUIREMENT. IF THE SWAM-CERTIFIED SMALL BUSINESS PARTICIPATION PLAN DOES NOT MEET THESE REQUIREMENTS, THE ENTIRE BID SHALL BE DEEMED NONRESPONSIVE. TO ENCOURAGE CONTRACTING WITH MINORITY OWNED VENDORS, THE CITY COUNCIL ALSO ADOPTED A 10% MINORITY CONTRACTING ASPIRATIONAL GOAL. THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH-BASED ORGANIZATIONS. Bids delivered by U.S. Mail should be sent to: City of Virginia Beach Purchasing Division 2388 Liberty Way Kempsville Building Virginia Beach, Virginia 23456

If you are physically disabled or visually or hearing impaired and need assistance in obtaining or inspecting the bid documents please call the Purchasing Agent’s Office at 385-4438. For hearing impaired dial 711. Mitchell D. Frazier, CPPB Contracting Agent


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INSTRUCTIONS TO BIDDERS 1. Deposit, refund

A full refund will be made to bonafide bidders for sets returned within ten (10) days after bid opening, in good, unmarked and complete condition.

2. Modifications or Withdrawal of Bids Prior to Time of "Receipt of Bids".

Modifications or withdrawal of proposals filed with the Owner may be made only by a representative of the firm submitting the bid, who must appear in person prior to the time designated in the advertisement for receipt of bids. Such representative must furnish satisfactory identification and proof that they are authorized to make changes. Telegraphic notices will not be considered. Additions and/or deletions marked on the outside of the proposal envelope will not be considered

3. Withdrawal of Bids After Bid Opening:

In accordance with Section 2.2-4330(A) (i) of the Code of Virginia, as amended, if the price bid was substantially lower than the other bids solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, as was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn and provided further the bidder shall give notice in writing of his claim of right to withdraw two (2) business days after the conclusion of the bid opening procedure.

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

If a bid is withdrawn under the authority of this section, the remaining bids shall be evaluated to determine the lowest responsive and responsible bidder.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom awarded, or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

If withdrawal of any bid is denied, the bidder shall be notified in writing stating the reasons for this decision. Any bidder who desires to appeal a decision denying withdrawal of bid shall, as sole remedy, institute legal action provided by Section 2.2-4358 and Section 2.2-4364(B), Code of Virginia, 1950, as amended.


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4. Bid Security: Each bid shall be accompanied by a bidder's bond issued by a company authorized and licensed to transact business in the State of Virginia as surety, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to the Treasurer, City of Virginia Beach, Virginia. Upon City Attorney approval in accordance with Section 2.2-4338, Code of Virginia, 1950, as amended, a bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds for the amount required for the bid bond. The bid bond shall be accompanied by a certified copy of the power of attorney for the surety attorney-in-fact. Said bid security shall be left with the Owner, subject to the conditions specified herein, as a guarantee of good faith on the part of the bidder that if the bid is accepted, the bidder shall execute the contract. The Owner shall hold the bid security of the three (3) lowest bidders until execution of the contract. All other bid security shall be returned within ninety (90) days after opening of bids.

5. Certification and Licensing of Bidders:

Bidders are required under Chapter 11, Title 54.1, Code of Virginia, 1950, as amended, to show evidence of certification or licensing by the State Board For Contractors before any bid may be received and considered. Each bidder shall place on the outside of the envelope containing their bid, and in the bid over their signature the following notation: "Virginia Contractor License/Certification No. , Class ". Contractor must provide a copy of their license with the bid. The license shall indicate that they are licensed with the State Board of Contractors to perform this type of work.

Chapter 5, Title 59.1, Code of Virginia, 1950, as amended, requires anyone transacting business in the State under an assumed or fictitious name to file a certificate of ownership with the Clerk's Office of the Virginia Beach Circuit Court. Limited partnership, limited liability companies or corporations transacting business in the State under an assumed or fictitious name are required to also file a Certificate of Ownership with the Clerk of the State Corporation Commission.

6. Definition of Bid Documents:

Bid documents include the project manual, and all references therein, project drawings, all addenda issued prior to bid date, City of Virginia Beach ordinance, as amended, entitled "Erosion, Sedimentation Control and Tree Protection", and the latest editions of the Virginia Soil and Water Conservation Commission "Virginia Erosion and Sediment Control Handbook", the "Manual of Uniform Traffic Control Devices" published by the U.S. Department of Transportation, Federal Highway Administration, and the "City of Virginia Beach, Department of Public Utilities, Standard Details".


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Enumeration of Bid Documents

Project Manual for the Construction of

CIP Department of Public Works City of Virginia Beach, Virginia Bid Number Project Drawings:

Sheet No. Title Date


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7. Bidders Representation: Each bidder by making his bid represents that:

A. He has read and understands the bidding documents and his bid is made in accordance therewith.

B. He has visited the site and has familiarized himself with the local conditions under

which the work is to be performed.

C. His bid is based upon the materials, systems and equipment which meet or exceed those described in the bidding documents.

8. Proposals:

Proposals must be made in strict accordance with the "Bid Proposal/Contract" form provided (Page P-1). All blank spaces for bids and unit prices shall be properly filled in without any lineations, alterations or erasures. Each proposal must be signed in writing with full name and address of bidder, if a joint venture, a member of the firm with name in full of each member, and if a corporation, by an officer of corporation, in corporate name with corporate seal to such signature.

Proposals shall be addressed as in Advertisement for Bid and shall be delivered enclosed in an opaque, sealed envelope marked "Proposal" bearing title of work, name of bidder, bidder's license/registration number and bid number.

9. Bulletins, Addenda and Interpretation:

Should bidder find discrepancies and/or ambiguities in or omissions from the bidding documents, or should he be in doubt as to their meaning, he should at once notify the Owner in writing, who will provide clarification in the form of an addendum to all known bidders. Prior to submitting a bid it shall be bidder's responsibility to make inquiry as to addenda issued.

All questions relative to the bid documents must be submitted at least ten (10) calendar days prior to bid opening, to assure distribution of information in the form of an addendum, to all interested parties. After this, no questions, clarifications, or interpretation of bidding documents will be considered until after bids are opened.

10. Questionnaire:

The three (3) lowest bidders may be required to complete and submit the questionnaire attached hereto following, if requested by the Owner, within ten (10) calendar days after receipt of said request. All questions thereon shall be answered fully.

11. Gifts by Bidder, Contractors or Subcontractors:

No bidder, offeror, contractor or subcontractor shall confer upon the City of Virginia Beach employee having official responsibility for a procurement transaction any payment, loan, subscription, advance deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

12. Kickbacks:

No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontractor or order, any payment, loan, subscription, advance deposit of money, services or anything, present or promised,


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unless consideration of substantially equal or greater value is exchanged.

No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. No person shall demand or receive any payment, loan subscription, advanced deposit of money, services or anything of value in return for an agreement not to compete on a public contract.

If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the Owner and will be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties.

13. Minority-Owned Business Classification

The Bidder shall indicate in the space provided on the bid proposal form whether Bidder is a minority, as defined in the Minority-Owned Business Participation paragraph.

14. SWaM Certified-Small Business Participation Efforts:

1. It is the policy of the City of Virginia Beach to encourage the equitable participation of

vendors in City Contracting. To encourage contracting with minority owned vendors, the City Council adopted a 10% minority contracting aspirational goal. To encourage contracting with woman-owned, minority-owned, service-disabled veteran-owned businesses, and small businesses, the City Council adopted the Small Business Enhancement Program, which was most recently updated April 22, 2014. See City Code §2-224.1, et seq.

2. For purposes of this subsection, the definitions used shall have the meanings provided by City

Code § 2-224.1. Of particular import, “SWAM-certified Small Business” means a business that has been certified by the Virginia Department of Small Business and Supplier Diversity. “Good Faith Participation Efforts” means the sum total of efforts by a particular bidder to provide for the equitable participation of SWAM-certified Small Business subcontractors in response to a City procurement.

3. Outreach. Bidders are strongly encouraged to ask for an outreach list on any bid. Such a list

will provide the SWAM-certified Small Businesses in the relevant industry sectors located within 50 miles of the City. Additionally, if a pre-bid meeting is held, the staff of the Purchasing division will provide resources for locating SWAM-certified Small Businesses

4. Required Submittals:

a. Annually, bidders are required to file a “Prime Contractor Workforce Composition

Form.” If this is not provided with the bid, Purchasing may waive this requirement as an informality and obtain such during the protest period.

b. As a matter of responsiveness, a bidder that intends to subcontract shall include a

“Small Business Subcontracting Participation Plan” (the “Plan”) on the form provided by the City. This form is: CVAB-E2. This form provides: the amount of the bid to be subcontracted, the amount of the subcontracting work that will be performed by SWAM-certified Small Businesses, the name (and SWAM certification #) of proposed SWAM subcontractors, the nature of the work to be performed by the SWAM subcontractors, and the estimated dollar amount to be paid to each SWAM


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subcontractor, including minority-owned vendors. If the bidder intends to self-perform all of the work, the bidder is not required to include the Plan; however, the bidder is strongly advised to affirmatively state its intent to self-perform, if applicable. Also to be included with the Plan is documentation providing the Good Faith Participation Efforts undertaken by the bidder. See sections 5 and 6 for the substantive requirements of the Plan and the Good Faith Participation Efforts.

5. Responsiveness Determination. As required by the Small Business Enhancement Program,

bidders that subcontract work must either: (i) provide at least 50% of the value of the subcontracted work to be provided by one or more SWaM-certified small businesses; or (ii) provide documentation showing, with specificity, the Good Faith Participation Efforts undertaken by the bidder to meet the 50% SWAM subcontractor participation requirement. In fulfilling the 50% requirement, prime contractors are strongly encouraged to utilize minority-owned businesses as subcontractors.

6. Determination of Sufficiency of Good Faith Participation Efforts. When the Plan does

not provide the required 50% SWAM subcontracting participation, the Purchasing Agent will render a decision as to whether the materials submitted with the bid indicate the bidder made Good Faith Participation Efforts. The following factors are relevant to such determination: (1) what steps the bidder has taken to solicit and negotiate subcontracting bids from SWAM-certified small businesses; (2) whether the bidder utilized the City outreach list, if applicable; (3) Whether the bidder debundled or right-sized project components to allow for meaningful small business participation; (4) whether the bidder provided assistance in bonding insurance, equipment, supplies, or other assistance or services aimed at encouraging small business subcontracting; (5) whether the bidder has taken other steps to identify and engage small businesses that would be willing and able to perform the subcontracted work; and (6) whether the efforts undertaken by the bidder appear to be reasonably calculated to lead to the maximization of SWAM-certified Small Businesses.

7. Plan Update Period. In the 10 days after posting of notice of intent to award, the

prospective contractor will be afforded the opportunity to update or validate the Plan submitted with its bid. As required by §2-244.3(f), the City will reject proffered updates to a Plan if the update or validation substantially decreases the utilization, either by dollar amount or percentage of subcontracted work, of SWAM-certified subcontractors. Should the prospective contractor not update or validate the Plan or has an update or validation that has been rejected by the City for the reasons previously stated, the Plan submitted with the bid becomes the Final Plan. The Final Plan shall become a part of the contract with the City.

8. Required Reporting, Penalties. The Contractor shall be required to provide the City with monthly updates as to payments made to subcontractors listed on the Plan. This form is: CVAB-E. The City will review such updates and track the Contractor’s progress toward fulfilling obligations to engage the subcontractors listed on the Final Plan. Prior to final payment, the Contractor shall submit a report detailing SWAM subcontractor usage. Pursuant to City Code §2-224.8, final payment may be withheld if the Contractor fails to submit the required documentation. A material misrepresentation in reporting may result in debarment. If the actual usage substantially deviates from the Final Plan, the Contractor shall provide an explanation for the deviation within 10 business days of a request by the City for such explanation. If the explanation lacks reasonable justification that rises to the level of dishonesty or in the event the contractor refuses to submit an explanation for the deviation, the contractor may be debarred from contracting with the City for a period of up to two years from the date of notification of such debarment.


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15. Posting of Intent to Award Notices:

All notices of intent to award for all invitations to bid will be publicly posted for inspection in the City of Virginia Beach Purchasing Division at the following location:

City of Virginia Beach Purchasing Division 2388 Liberty Way Kempsville Building Virginia Beach, VA 23456.


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BID PROPOSAL/CONTRACT BID NO: DATE: PROJECT: CONTRACTOR: The submission of a Bid Proposal/Contract will constitute the contractual offer by the Bidder. The execution by the Owner of the Bid Proposal/Contract constitutes acceptance of the successful Bidder’s offer and will constitute the Contract between the Owner and the Contractor including all of the terms and conditions set forth in the Bid Documents and all references therein, including all addenda issued subsequent thereto. THE FOLLOWING PROPOSAL is hereby made to the City Purchasing Agent of the City of Virginia Beach, Virginia. The Contractor hereby proposes and agrees to furnish all materials and equipment, and to perform all the labor required to complete the Project in a substantial and workmanlike manner and in strict conformity with the Bid Documents for the total lump sum of ( ) dollars. which shall be hereinafter referred to as the BASE BID. The project shall be performed to the full and entire satisfaction of the Owner. The undersigned has examined the location of the proposed work, Bid Documents and is familiar with the local conditions at the place where the work is to be performed. The undersigned also understands that all the quantities shown herein are approximate only. The undersigned hereby acknowledges receipt of the following addenda: Addendum Number Dated This bid may not be withdrawn for a period of 90 calendar days after the scheduled closing for receipt of bids. Liquidated Damages The parties agree that the Owner will be substantially damaged in amounts that will be difficult or impossible to determine if actual Substantial Completion is not achieved by the Contractor on or before the Contract Completion Date(s) set forth herein. The parties therefore agree that if Substantial Completion does not occur by the Contract Completion Date(s) for any reason not the fault of the Owner or otherwise constituting an excusable delay, the Owner shall be entitled to liquidated damages in the amount of $______________ per calendar day for each day the actual Substantial Completion of the project, or any phase thereof, is delayed beyond the Contract Completion Date(s) in lieu of actual damages for such delays. Contractor hereby waives any defense as to the validity of such liquidated damages as set forth herein on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. Refer to General Conditions section 4.11 “Delays and Extensions of Time” for contract requirement concerning liquidated damages.


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Term of Contract The Contractor agrees to begin work within ten (10) calendar days after the date of Notice to Proceed is given to it by the Owner, and that it will carry out the work with such force, and in such manner and order, and at such time and seasons as it may be directed by the Owner, and further that it will fully and entirely perform this Contract, and all work incident thereto, before the expiration of consecutive calendar days. Time is of the essence in this Contract. The Contractor expressly acknowledges that in the performance of its obligations, the Owner is relying on timely performance and will schedule operations and incur obligations to third parties in reliance upon timely performance by the Contractor and may sustain substantial losses by reason of untimely performance. Schedule of Payment: Formal written Applications which have been approved will be paid within thirty (30) days of receipt by the Owner. Termination of Contractor’s Responsibilities The Contract will be considered complete upon final acceptance by the Owner. The Contractor will be notified in writing of final acceptance, and his responsibility will then cease one year from the date of final acceptance. Hold Harmless - Indemnification It is understood and agreed that the Contractor hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Contractor, its subcontractors, agents, or employees under or in connection with this Contract or the performance or failure to perform any work required by this Contract. The Contractor agrees to indemnify and hold harmless the Owner and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this contract, and, (c) the performance of the work by Contractor or those for whom Contractor is legally liable. Upon written demand by the Owner, Contractor shall assume and defend at the Contractor's sole expense any and all such suits or defense of claims made against the Owner, its agents, volunteers, servants, employees or officials. Modification There may be no modification of this Contract, except in writing, executed by the authorized representatives of the Owner and the Contractor. Non-Assignment The Contractor shall not assign its rights and duties under this Contract without the prior written consent of the Owner. Applicable Law/Compliance with all Laws/Venue Applicable Law This Contract shall be deemed to be a Virginia contract and shall be governed as to all matters of validity, interpretations, obligations, performance, or otherwise, exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Contract shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia.


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Compliance with all Laws A. Contractor shall comply with all federal, state and local statutes, ordinances, and

regulations, now in effect or hereafter adopted, in the performance of scope work set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional license and permits necessary for performance of this contract prior to the initiation of work. If the contractor is a corporation, Contractor further expressly represents that it is a corporation, limited liability company, or limited liability partnership in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the contract. Contractor shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the contract work.

B. Contractor agrees that it does not currently, and shall not during the performance of this

contract, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986.

Venue Any and all suits for any claims or for any breach or dispute arising out of this Contract shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach Termination without Cause The Owner may at any time, and for any reason, terminate this contract by written notice to the Contractor specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed. Notice shall be given to the Contractor by certified mail/return receipt requested at the address set forth herein. In the event of such termination, the Contractor shall be paid such amount as shall compensate him for the work satisfactorily completed, and accepted by the Owner, at the time of termination. If the Owner terminates this Contract the Contractor shall withdraw its personnel and equipment, and shall cease performance of any further work under this contract, and shall turn over to the Owner any work completed or in process for which payment has been made. Termination with Cause/Default/Cancellation In the event that the Contractor shall for any reason or through any cause be in default of the terms of this Contract, the Owner may give the Contractor written notice of such default by certified mail/return receipt requested at the address set forth herein. Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of the Contractor to cure the default, the Owner may immediately cancel and terminate this Contract as of the mailing date of the default notice. Upon termination, the Contractor shall withdraw its personnel and equipment, cease performance of any further work under this contract, and turn over to the Owner any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately canceled and terminated by the Owner and provisions herein with respect to opportunity to cure default shall not be applicable.


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Environmental Considerations Any costs or expenses associated with environmentally related violations of the law, the creation or maintenance of a nuisance, or releases of hazardous substance, including, but not limited to, the costs of any clean up activities, removals, remediations, responses, damages, fines, administrative or civil penalties or charges imposed on the Owner, whether because of actions or suits by any governmental or regulatory agency or by any private party, as a result of the storage, accumulation, or release of any hazardous substances, or any noncompliance with or failure to meet any Federal, State or Local standards, requirements, laws, statutes, regulations or the law of nuisance by the Contractor (or its agents, officers, employees, subcontractors, consultants, subconsultants, or any other persons, corporations or legal entities employed, utilized, or retained by the Contractor) in the performance of this contract or related activities, shall be paid by the Contractor. This paragraph shall survive termination, cancellation, or expiration of this contract.

FAITH BASED - NONDISCRIMINATION: THE CITY OF VIRGINIA BEACH DOES NOT DISCRIMINATE AGAINST FAITH BASED ORGANIZATIONS. NONDISCRIMINATION/DRUG-FREE WORKPLACE PROVISIONS Employment discrimination by Contractor shall be prohibited. During the performance of this Contract, Contractor agrees as follows:

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

B. Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor, will state that Contractor is an equal opportunity employer.

C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.

D. Contractor will include the provisions of the foregoing Sections A, B and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. During the performance of this Agreement, Contractor agrees as follows:

A. Contractor will provide a drug-free workplace for Contractor’s employees.

B. Contractor will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

C. Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace.


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D. Contractor will include the provisions of the foregoing Sections A, B and C in every subcontract

or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Anti Collusion In the preparation and submission of this bid, the bidder did not either directly or indirectly, enter into any combination or agreement 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. The undersigned bidder hereby certifies that neither this bid nor any claim resulting therefrom, is the result of, or affected by, any act of collusion with, or any act of another person or persons, firm or corporation engaged in the same line of business or commerce; and that no person acting for or employed by the City of Virginia Beach has any personal interest in this bid. The undersigned hereby further agrees that upon request of the owner or owner representative, the records and books pertaining to this bid will be voluntarily supplied, furnished, and released to the owner or owner representative. The undersigned hereby further certifies that the bidder has not knowingly falsified, concealed, misled, or covered up by any trick, scheme, or device a material fact in connection with this bid. The undersigned also certifies that the bidder has not made any false, fictitious or fraudulent statements or representations or made or used any false writing or documents knowing the same to contain any false, fictitious or fraudulent statement or entry in connection with this bid. The undersigned further agrees that the bidder will comply with section 2.2-4374 of the Code of Virginia, 1950, as amended, and has not bought or purchased any equipment from any person employed by the owner as an independent contractor to furnish architectural or engineering services for this project, nor from any partnership, association or corporation in which such architect or engineer has a pecuniary interest. The undersigned further agrees to require all subcontractors, consultants, subconsultants, or any other persons, corporations, or legal entities providing or furnishing labor, material, equipment or work related to this project to execute this anti-collusion statement as a condition of payment. This paragraph is expressly limited to those in a direct contractual relationship with the undersigned of over $10,000 except those persons whose only direct contractual agreement with the undersigned is an employment contract. Laws to be Observed The Contractor shall keep fully informed of federal, state, and local laws, bylaws, ordinances, orders, decrees, and regulations of governing bodies, courts, and agencies having any jurisdiction or authority that affects those engaged or employed on the work, the conduct of the work, or the execution of any documents in connection with the work. The Contractor shall observe and comply with such laws, ordinances, regulations, orders, or decrees and shall indemnify and hold harmless the Owner and its agents, officers, or employees against any claim for liability arising from or based on their violation, whether by himself, his agents, his employees, or subcontractors. If the Contractor observes that the contract documents are at variance therewith, he shall promptly notify the Owner in writing. The Contractor shall execute and file the documents, statements, and affidavits required under any applicable federal or state law or regulation affecting his bid or Contract or prosecution of the work thereunder. The Contractor shall permit examination of any records made subject to such examination by any federal or state


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law or by regulations promulgated thereunder by any state or federal agency charged with enforcement of such law. In accordance with Title 2.2, Subtitle II, Part B, Chapter 43, Article 4 of the Code of Virginia (Virginia Public Procurement Act), the Contractor shall make payment to all subcontractors, as defined in the Code, within 7 days after receipt of payment from the Owner; or, shall notify the Owner and subcontractor in writing of the intention to withhold all or a part of the amount due along with the reason for nonpayment. In the event payment is not made as noted, the Contractor shall pay interest at the rate of 1 percent per month, unless otherwise provided in the contract, to the subcontractor on all amounts that remain unpaid after 7 days except for the amounts withheld as provided herein. These same requirements shall be included in each subcontract and shall be applicable to each lower-tier subcontractor. The Contractor shall provide Owner with its social security number or federal taxpayer identification number prior to any payments being made under this Contract. The Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section may not be construed to be an obligation of the Owner. A contract modification may not be made for the purpose of providing reimbursement for such interest charge. A cost reimbursement claim may not include any amount for reimbursement for such interest charge. Submission and Disposition of Contractual Claims Prompt knowledge by the Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the Owner and/or result in mitigation or elimination of the effects of the claim. Therefore, the Contractor must prepare a written statement providing the Owner with notice of the Contractor’s intention to file a claim which (i) describes the act or omission by the Owner or its agents that the Contractor contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written statement shall be submitted to the Owner within 20 days of the time of the occurrence or beginning of the work upon which the claim is based; provided, however, if such damage is deemed certain in the opinion of the Contractor to result from its acting on an order from the Owner, it shall immediately take written exception to the order. For purposes of this provision, “claim” shall include, without limitation, any request for an increase in the contract price or time and any request for equitable adjustment. Submission of a notice of claim as specified shall be mandatory, and failure to submit such notice shall be a conclusive waiver to such claim for damages or other relief by the Contractor. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The Owner will review the claim and render a final decision in writing within 30 days of receipt of Contractor’s written request for a final decision. Such decision shall be final and binding to the fullest extent allowed by law.

Proprietary Information Offerors are advised that Section 2.2-4342 of the Code of Virginia, i.e., the Virginia Public Procurement Act, shall govern public inspection of all records submitted by the Offeror. Specifically, if Offeror seeks to protect any proprietary data or materials, pursuant to Section 2.2-4342, Offeror shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is needed. Furthermore, the Offeror shall submit proprietary information under separate cover, and the Owner reserves the right to submit such information to the City Attorney for concurrence of the Offeror’s claim that it is in fact proprietary. References


P-6

may be made within the body of the proposal to proprietary information; however, all information contained within the body of the proposal not labeled proprietary or otherwise not meeting all three of the requirements of Section 2.2-4342 shall be public information in accordance with State statutes. ALL COVENANTS AND AGREEMENTS made by the Contractor are made by it on behalf of the Contractor and its successors, personal representatives and assigns, the same as if they had been specifically named in each instance. Virginia Contractor License/Certification No. , Class The date of expiration of the City of Virginia Beach business license is Telephone Number ( ) Name Fax Number ( ) Title Is your Firm a "Minority" business Yes or No (Please Circle One)

If yes, please indicate the "Minority" classification: African American Hispanic American American Indian Eskimo Asian American Aleut Other; Please Explain:

[The physical address space below applies to all Contractors]

Physical Address of Contractor (No Post Office Box Numbers) Name of Contractor Address


P-7

(If Contractor is an individual) In witness whereof, the Contractor has caused this Contract to be executed in its name and on its behalf by its President and its Seal hereunto affixed and with due authority by its Board of Directors. Witness the following signature and seal:

(SEAL) NAME BY: PRESIDENT Virginia Code 47.1-14 He/She/They is/are personally known to me or has/ have produced as identification. STATE OF CITY/COUNTY OF , to-wit: The foregoing Contract was acknowledged before me this day of ,

201 , by .

[AFFIX NOTARY SEAL] NOTARY PUBLIC

Notary Registration Number: _____________________________

My Commission Expires:


P-8

(If Contractor is a corporation] In witness whereof, the Contractor has caused this Contract to be executed in its corporate name and on its behalf by its President and its Seal hereunto affixed and with due authority by its Board of Directors. CORPORATE NAME BY: PRESIDENT Virginia Code 47.1-14

He/She/They is/are personally known to me or has/ have produced as identification. STATE OF CITY/COUNTY OF , to-wit: The foregoing Contract was acknowledged before me this day of ,

201 , by (Name), President, respectively of

(Name), a

corporation, on behalf of the corporation.


Notary Registration Number: _____________________________



P-9

[If Contractor is a partnership, joint venture, limited liability company or other legal entity] In witness whereof, the Contractor has caused this Contract to be

executed in its name and on its behalf by ,

its (Title), and ,

its (Title), thereunto duly authorized.

ENTITY NAME

By TITLE:

By TITLE: Virginia Code 47.1-14

He/She/They is/are personally known to me or has/ have produced as identification.

STATE OF

CITY/COUNTY OF , to-wit:

The foregoing Contract was acknowledged before me this day of , 201 ,

by (Name), (title)

and (Name) (title),

respectively of (Contractor's Name), a

(type of entity) on its behalf.

[AFFIX NOTARY SEAL]

NOTARY PUBLIC

Notary Registration Number: ________________________

My Commission Expires: Virginia Code 47.1-14

He/She/They is/are personally known to me or has/ have produced as identification.

STATE OF

CITY/COUNTY OF , to-wit:

The foregoing Contract was acknowledged before me this day of , 201 ,

by (Name), (title)

and (Name) (title),

respectively of (Contractor's Name), a

(type of entity) on its behalf.


Notary Registration Number: ________________________



P-10

CITY OF VIRGINIA BEACH

BY: Taylor V. Adams, CPPO

Purchasing Agent

Revised January 12, 2016 P-11

QUESTIONAIRE

The undersigned guarantees the accuracy of all statements and answers herein contained. (Please print in ink)

1. How many years has your firm been in business as a General Contractor? years

2. List up to three (3) projects of this nature that you have completed. Give the size, nature, andcompleted cost of each project. Give the name, address and telephone number of a reference foreach project.

3. List projects presently under construction by your firm, dollar volume of the contract, and thepercent of completion.

4. Have you ever performed work for a municipal corporation local governing body or similaragency previously? (If all such bodies are listed under 2, this question need not be completed).

5. Have you ever failed to complete work awarded to you; if so, state where and why?

Revised January 12, 2016 Q-1

6. Has your company had any liens, claims, stop work notices, judgments, suits, performance or payment bond claims, liquidated damages assessments, or alleged breaches of contract or warranty asserted against it which arise out of or relate to your performance on any projects within the past 5 years. (If the answer to the question is yes, please attach details)

7. Has your organization filed any law suits or requested arbitration with regard to construction contracts within the past five years? (If the answer to the question is yes, please attach details.) __________________________________________________________________

8. Have you or your authorized representative, personally inspected the location of the proposed work and do you have a clear understanding of the requirements of the Plans, Specifications and other Contract Documents?

9. Have you ever performed similar work under the direction of a licensed Engineer or Architect? If so, list up to three such firms giving the name of the firm, its address, telephone number and the name of the project. (List most recent projects)

______________________________________________________

________________________________________________________________________

10. Give the name, address and telephone number of an individual who represents each of the following and who the owner may contact to investigate your financial responsibility: a surety, a bank and a major material supplier.

________________________________________________________________________


Q-2

11. Give a summary of your financial statement. (List assets and liabilities; use an insert sheet, if

necessary).

12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all general and limited partners. If a trade name, state the names of the individuals who do business under the trade name). It is absolutely necessary that this information be furnished. Correct Name of Bidder (a) The business is a ________________________ (b) The address of principal place of business is:

____________________________________

__________________________________________________________________

(c) The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows:

____________

(d) The stockholders owning five (5) or more percent in the corporation are:

________________________________________________________________

________________________________________________________________________

__________________________________________________________________

(e) Virginia Beach Business License Number:


Q-3

13. Name of Surety Company: dated on this day of , 201 .

14. What percentage of the work called for under the contract will be performed (as opposed to subcontracted) by your organization?

By (Bidder) (Signature) (Title) (Business Address) STATE OF VIRGINIA CITY/COUNTY OF , to wit: I, , a Notary Public in and for the City/County and State aforesaid, do hereby certify that , on behalf of Bidder, whose name is signed to the foregoing writing, bearing date the day of , has acknowledged the same before me in my City/County and State aforesaid. Given under my hand this day of , 201 . Notary Public

Notary Registration Number: ________________________ My Commission Expires: ______


Q-4

AWARD AND EXECUTION OF THE CONTRACT

Instructions to Successful Bidder 1. The contract shall be awarded to the responsible and responsive bidder with the lowest base

bid. "Responsible bidder" shall mean a person who has the capability, in all respects, to perform fully the contract requirements, and the moral and business integrity, and reliability which will assure good faith performances, and who has been pre-qualified, if required. "Responsive bidder" shall mean a person who has submitted a bid which conforms in all material respects to the invitation to bid.

2. Negotiation with the lowest responsive and responsible bidder:

The Owner reserves the right to negotiate with the lowest responsive and responsible bidder to obtain a contract price within available funds. The term "available funds" shall mean those funds which have been appropriated by the Owner for the goods or services described in the bid specifications set forth herein. The City of Virginia Beach Purchasing Agent shall initiate such negotiations by providing written notification to the lowest responsive and responsible bidder that its bid exceeds available funds.

3. The Owner reserves the right to reject any or all bids, and to waive informalities, and accept

the bid in the Owner's best interests.

4. Upon issuance of the notice of intent to award, the successful Bidder shall provide the Owner with such sureties as the Owner may approve, bonds for the faithful performance of the contract, and for the payment of all persons performing labor, and furnishing materials in connection with the contract, each in an amount equal to no less than the total amount of its bid. These bonds shall remain in full force and effect during the period by which Contractor’s responsibilities to the City are enforceable. Bond forms are included for this purpose. The bonds shall be accompanied by a certified copy of the power of attorney for the surety's attorney-in-fact, and shall be executed by one or more companies authorized and licensed to transact business as surety in the State of Virginia.

The successful bidder shall maintain Products and Completed Operations Insurance coverage in full force and effect for a period of five (5) years after final payment on this Contract and shall provide the Owner certificates of Insurance to this effect.

Insurance:

Contractor must, as a minimum requirement, provide the types and amounts of insurance coverage listed below; must furnish a waiver of subrogation in favor of Owner; and name the Owner as an additional insured to all coverage types.

The following project insurance coverages and minimum limits of coverage are required of Contractor and each Subcontractor at all times until their respective obligations under the Contract have been fully discharged: Provided, however, that if any other clause or provision of the Contract requires limits of liability for a particular type or types of coverage in excess of the limits set forth below, Contractor (and each Subcontractor) shall provide the higher limits of liability for the particular type or types of coverage:


AW-1

Type of Coverage Minimum Limits Workers Compensation $1,000,000 Each Occurrence Employers Liability $500,000 Each Accident $500,000 Disease-Policy Limit $500,000 Disease – Per Employee Requirements:

• Voluntary Compensation Endorsement • Waiver of Subrogation in favor of Owner and General

Contractor • United States Long Shore & Harbor Worker’s Endorsement • Jones Act Endorsement

Commercial General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate Per Project $2,000,000 Completed Operations/Products Agg. $1,000,000 Personal Injury $ 5,000 Medical Payments Requirements:

• Contractual Liability • XCU Perils Coverage • Completed Operations Extended to the 5 years or the

Statute of Repose, whichever is less • Broad Form Property Damage • Fellow Employee Coverage • No Residential Exclusions shall apply • Additional Insured – Owner and General Contractor to

be included as Additional Insureds per form CG 20 10 11 85 or equivalent, and this coverage shall: Include Premises/Operations coverage; Include Products/Completed Operations coverage; and, apply on a Primary and Non-Contributory Basis.

• No restrictions as regards the scope of work being performed on the jobsite.

Business Automobile Liability $1,000,000 per occurrence (combined limit for

bodily injury and property damage) Requirements:

• Coverage Owned, Non-Owned, Hired Autos • Additional Insured – Owner and General Contractor to

be included as Additional Insureds Excess Liability General Contractor: $5,000,000 per occurrence $5,000,000 aggregate Sub-Contractors:


AW-2

$1,000,000 per occurrence $1,000,000 aggregate Requirements:

• Additional Insured – Owner and General Contractor to be included as Additional Insureds utilizing form CG 20 10 11 85 or equivalent, and this coverage shall apply excess of all underlying coverages.

Builder’s Risk or Installation Floater: Builder’s risk insurance is required for all new vertical construction; the contractor shall provide builder’s risk coverage on the full insurable value of the work. For all other construction, the contractor must maintain an installation floater insuring against all risk of physical loss or damage to materials, fixtures, equipment, and supplies provided for the job, in an amount equal to the full value of the contract improvements.

Election by Owner to provide or obtain any insurance coverage type specified herein shall in no way relieve or limit any responsibility or obligation imposed by the Contract on Contractor or any subcontractor. Prior to the Owner’s execution of the Contract, Contractor shall furnish Certificates of Insurance evidencing coverages as required in previous paragraphs. An ACORD Certificate of Insurance or pre-approved substitute is the required form. Each Certificate of Insurance shall include the Owner as an additional insured, on a primary and non-contributory basis, for all liability coverage on the Certificate of Insurance and evidence a thirty (30) day prior written notice of cancellation and include a Waiver of Subrogation. As part of the aforesaid written notice, the Contractor must submit proof that the Owner will be provided with at least ten (10) day written notice prior to cancellation of the liability coverage for non-payment of premium. The Certificate of Insurance holder shall be identified as City of Virginia Beach. Contractor shall include in the contract price all costs for insurance.

5. Indemnification:

In addition to Contractor’s indemnification obligations under the Contract, in any and all claims against the Owner or any of its agents or employees by any employee of the Contractor, any Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, Contractor’s indemnification obligations shall not be limited in any way by any limitation on the amount or type or damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workers compensation acts, disability benefit acts or any other employee benefit acts. Contractor waives (and shall cause its Subcontractors and suppliers of any tier to waive) any and all statutory and/or constitutional immunity to which, but for this waiver, it might be entitled (1) as an employer in compliance with any workers compensation laws, or (2) under any other employee benefits statutes or similar laws of any jurisdiction.

6. Safety:

Safety for the job site shall be the full and sole responsibility of the Contractor. The Project shall have a safety person provided by the Contractor. All subcontractors on the job site shall be responsible for adhering at a minimum to the requirements set forth by OSHA standards to include 6-foot fall protection, pre-employment drug testing, return to work program, hard hats,


AW-3

safety glasses, as well as any and all other OSHA requirements for safety.

Failure or neglect by the successful Bidder to furnish all required bonds, insurance certificates and other required information within 10 days, shall constitute a breach of the bid. The damages to the Owner for such breach will include loss from interferences with its construction program and other items whose accurate amount will be difficult or impossible to compute. The amount of the surety accompanying the proposal of such bidder shall be retained by the Owner as liquidated damages for such breach. Upon satisfactory review of such documents and information by Owner, Owner will execute the Contract.

7. Audits:

The Owner shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Contractor, including, but not limited to, those kept by Contractor, its employees, agents, assigns, successors and subcontractors. Contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Contract and for at least three (3) years following the completion of the Contract, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the Owner, through its employees, agents, representatives, contractors or other designees, during normal business hours at Contractor’s office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia that is convenient for the Owner. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the Owner may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied.

8. Offset/Setoff: The City may withhold the payment of any claim or demand by any person, firm or corporation against the City until any delinquent indebtedness or other liability, including taxes, due to the City from such person, firm or corporation shall first have been settled and adjusted.

9. Contractor Performance Evaluation (CPE):

A tool developed by the City of Virginia Beach to provide standardized historical contractor performance information across department lines which will be maintained on file for reference purposes in future project awards. The City of Virginia Beach shall complete a Contractor Performance Evaluation on all City projects. Copy of form provided under the mandatory specifications.


AW-4

Surety Company Bond

No. ______________


CONTRACT PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we ___________________________________

________________________________ of ______________________________________________

(hereinafter called the “Principal”) and the ___________________________________________,

a corporation created and existing under the laws of the State of __________________________

and having its principal office in the City of _______________________________________ and

authorized to transact business in the Commonwealth of Virginia as surety (hereinafter called the

“Surety”), are held and firmly bound unto the CITY OF VIRGINIA BEACH (hereinafter called the

“Owner”) in the full and just sum of __________________________________________________

______________________ Dollars ($________________________), lawful money of the United

States of America, for the payment of which well and truly to be made, the said Principal binds itself

and its successors and assigns, all jointly and severally, firmly by these presents.

WHEREAS, said Principal has entered into a certain written agreement with Owner, designated as

contract number ________________ and dated the ____ day of __________________,

201__, for the purpose of _________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(hereinafter called the “Contract”), for which Contract is by reference made a part hereof.

NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE SUCH THAT,

if the said Principal and its successors and assigns, or any or either of them shall well and truly and

in good sufficient and workmanlike manner perform or cause to be performed said Contract, and any

amendment, or extension of or addition thereto and each and every of the covenants, promises,

agreements, warranties, and provisions herein stipulated and contained to be performed by said

Principal, and complete the same within the period therein mentioned, and in each and every respect, Revised January 12, 2016 AW-5

comply with the conditions therein mentioned to be complied with by the said Principal, and fully

indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of

failure so to do and fully reimburse and repay the Owner all expense which it may incur in making

good any such default, then these obligations shall be null and void, otherwise they shall remain in

full force and effect.

The Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees

that the obligations of said Surety and of its successors and assigns, and this bond shall in no way be

impaired or affected by any extension of time, modification, omission, addition or change in or to

the said Contract or the work to be performed thereunder, or by any payment thereunder before the

time required therein, or by any waiver of any provision thereof; or by any assignment, subletting or

other transfer thereof; or of any part thereof, or of any work to be performed or of any moneys due

or to become due thereunder; and said Surety, for itself and its successors and assigns, does hereby

waive notice of any and all of such extensions, modifications, omissions, additions, changes,

payments, waivers, assignments, subcontracts and transfers and hereby stipulates and agrees that any

and all things done and omitted to be done by and in relation to executors, administrators,

successors, assignees, subcontractors, and other transferees, shall have the same effect as to said

Surety and its successors and assigns, as though done or omitted to be done by and in relation to said

Principal.

Whenever Principal shall be declared by Owner to be in default under the Contract, the Owner

having performed Owner's obligations, thereunder, the Owner shall have the right, at its option, to

require the Surety to promptly proceed to remedy the default within 30 days of notice by proceeding

or procuring others to proceed with completing the Contract with its terms and conditions; and all

reserves, deferred payments, and other funds provided by the Contract to be paid to Principal shall

be paid to Surety at the same times and under the same conditions as by the terms of that Contract

such funds would have been paid to Principal had the Contract been performed by Principal; and

Surety shall be entitled to such funds in preference to any assignee of Principal of any adverse

claimant. Notwithstanding the above, the Owner shall have the right, with the approval of the Surety

which shall not be unreasonably withheld, to take over and assume completion of the Contract and

be promptly paid in cash by the Surety for the cost of such completion less the balance of the

Contract price.


AW-6

IN WITNESS WHEREOF, the Principal and the Surety have executed this performance bond and

have hereunto affixed their seals this ____ day of _________________________, in the year 201__.

The persons whose signatures appear below hereby represent, warrant, and certify that they are

authorized to execute this performance bond on behalf of the Principal and the Surety, respectively.

PRINCIPAL (CORPORATE SEAL)

_____________________________________

By___________________________________

_____________________________________

SURETY

_____________________________________ COUNTERSIGNED: Resident Agent

_____________________________________ State of________________________

_____________________________________ ______________________________

(Mailing Address) By____________________________

Phone No: ____________________________ ______________________________

By___________________________________

_____________________________________

ATTORNEY-IN-FACT (CORPORATE SEAL)

_____________________________________

_____________________________________

(This bond shall be accompanied with

attorney-in-fact’s authority from Surety)


AW-7

Surety Company Bond

No. ______________

CITY OF VIRGINIA BEACH CONTRACT PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, __________________________________

________________________ of ___________________________________________________

(hereinafter called the “Principal”), and the __________________________________________,

a corporation created and existing under the laws of the State of ___________________________

and having its principal office in the City of _______________________________ and authorized

to transact business in the Commonwealth of Virginia as surety (hereinafter called the “Surety”), are

held and firmly bound unto the CITY OF VIRGINIA BEACH (hereinafter called the “Owner”) in

the full and just sum of ________________________________________________________

Dollars

($________________________), lawful money of the United States of America, to be paid to the

said Owner, its successors and assigns, to which payment well and truly to be made we bind

ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally and

firmly by these presents;

WHEREAS, the above-bounden Principal has entered into a certain written agreement with Owner,

designated as contract number ___________________ and dated the _____ day of

______________________ 201__, for the purpose of ___________________________________

_______________________________________________________________________________

________________________________________________________________________________

(hereinafter called the “Contract”), for which Contract is by reference made a part hereof;

WHEREAS, it was one of the conditions of the award of the Owner pursuant to which said Contract

was entered into that these presents shall be executed;

NOW, THEREFORE, the condition of this obligation is such that if the above-bounden Principal

promptly pays all just claims for labor and material (including public utility services and reasonable

rental of equipment when such equipment is actually used at the site) performed for or supplied to Revised January 12, 2016

AW-8

said Principal or any subcontractor in the prosecution of the work contracted for, then this obligation

is to be void; otherwise, to be and remain in full force and virtue in law.

The Surety hereby waives notice of any alteration or extension of time made by the Owner.

IN WITNESS WHEREOF, the Principal and the Surety have executed this payment bond and have

hereunto affixed their seals this ____ day of _________________________, in the year 201__.

The persons whose signatures appear below hereby represent, warrant, and certify that they are

authorized to execute this payment bond on behalf of the Principal and the Surety, respectively.

PRINCIPAL (CORPORATE SEAL)

_____________________________________

By___________________________________

_____________________________________

SURETY

_____________________________________ COUNTERSIGNED: Resident Agent

_____________________________________ State of________________________

_____________________________________ ______________________________

(Mailing Address) By____________________________

Phone No: ____________________________ ______________________________

By___________________________________

_____________________________________

ATTORNEY-IN-FACT (CORPORATE SEAL)

_____________________________________

_____________________________________

(This bond shall be accompanied with

attorney-in-fact’s authority from Surety)


AW-9


AW-10

May 15, 2013 GC-1


PUBLIC WORKS/CONTRACTS

GENERAL CONDITIONS/ARTICLES ONE THROUGH FIVE

ARTICLE 1

DEFINITIONS

1.1 ACCEPTANCE: The formal written acceptance by the Owner.

1.2 ADDENDA: Written interpretations or revisions to any of the Bid Documents

issued by the Architect before the Bid opening.

1.3 AGREEMENT: The form utilized to formally bind both parties to the terms and

conditions of the Contract Documents.

1.4 ALLOWANCE: An amount established in the Contract Documents for inclusion

in the Contract Sum to cover the cost of prescribed items not specified in detail.

1.5 ARCHITECT: The term “Architect” means the person or organization identified

as such in the Contract Documents. The Architect is referred to throughout the

Contract Documents as if singular in number and neutral in gender. The term

includes the Architect or his authorized representative.

1.6 BID: Offer of the Bidder for the work when made out and submitted on the

prescribed Bid Form, properly signed and guaranteed.

1.7 BID DOCUMENTS: A set of documents issued by the Owner for the intended

work which consist of the “Project Manual” and all reference therein, the “Project

Drawings” and any addenda issued prior to bid opening.

1.8 BID GUARANTEE: The cashier’s check or Bidder’s Bond accompanying the Bid

submitted by the Bidder, as a guarantee that the Bidder will enter into a contract

with the Owner for the performance of the Work and that it will file acceptable

bonds and insurance if the Contract is awarded to the Bidder.

1.9 BIDDER: Any individual, firm, partnership, corporation, or combination thereof,

submitting a Bid for the Work contemplated, acting directly or through a duly

authorized representative.

1.10 CHANGE NOTICE: A notice issued to the Contractor specifying a proposed

change to the Contract Documents.

May 15, 2013 GC-2

1.11 CHANGE ORDER: An order authorized by the Owner and issued to the

Contractor amending the Contract Documents.

1.12 CONTRACT DOCUMENTS: The Contract Documents consist of the Bid

Documents, all references therein, addenda issued prior to bid opening, approved

shop drawings, and change orders and formal notifications issued subsequent to

Contract Award. The order of precedence shall be:

1. Change Orders/Formal Notifications

2. Approved Shop Drawings

3. Addenda

4. Project Drawings

5. Project Manual

1.13 CONTRACT SUM: The Contract Sum is the total amount specified on the

contract form including all subsequent modification thereto.

1.14 CONTRACTOR: The “Contractor” is the person or organization identified as

such in the Contract Documents and is referred to throughout the Contract

Documents as if singular in number and neuter in gender. The term “Contractor”

means the Contractor or his authorized representative.

1.15 DAY: The term “day” shall mean “calendar day”.

1.16 EXTRA WORK: Work determined by the Owner as not being covered by the

Contract Documents.

1.17 FINAL ACCEPTANCE: Final Acceptance of the Work occurs when the Project

is fully completed and accomplished in full, absolute, and strict compliance with

the Contract Documents.

1.18 FORCE ACCOUNT: A time-and-materials method of payment other than Lump

Sum or Unit Price for Extra Work or other work ordered by Change Order and

paid for in accordance with force account procedures as determined by the

Owner.

1.19 FORMAL NOTIFICATION: A formal notification is an order issued by the

Owner, to the Contractor, for extra work when time is of the essence, in order to

avoid delay cost, or when estimated quantities of extra work (governed by

established unit price) is exceeded.

1.20 NOTICE TO PROCEED: The Owner will furnish the Contractor written direction

to commence performance of Work hereunder entitled “Notice to Proceed” after

execution of the Contract by both parties.

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1.21 OVERHEAD AND PROFIT: The Contractor’s profit, overhead, general

superintendence and field office expense, general and administrative home office

expense, and all other elements of cost and expense not embraced within the "actual

field cost" or "cost of machinery and equipment."

1.22 OWNER: The “Owner” is the City of Virginia Beach and is referred to

throughout the Contract Documents as if singular in number and neutral in

gender. The term “Owner” means the Owner or his authorized representative.

1.23 PRODUCTS: The term “product” as used in these Contract Documents includes

materials, systems and equipment.

1.24 PRODUCT DATA: Illustrations, standard schedules, performance charts,

instructions, brochures, diagrams and other information submitted by the

Contractor to illustrate a material, product or system for some portion of the

Work.

1.25 PROJECT DRAWINGS: The official drawings listed in the Project Manual or

amendments thereto, which show the locations, character, dimensions and details

of the work to be performed.

1.26 PROJECT MANUAL: The document which includes the Advertisement for Bids,

Award and Execution of the Contract, General Conditions and Technical

Specifications for the Project.

1.26.1 The following order of precedence of the Project Manual shall govern (with

governing documents listed first).

1. Technical Specifications

2. General Conditions

3. Award and Execution of the Contract.

4. Advertisement for Bid.

1.27 PROVIDE: As used in the Contract Documents in reference to Work to be

performed by the Contractor, “provide” shall mean “furnish and install complete

in place”.

1.28 SAMPLES: Physical examples of material to be incorporated into the project,

submitted by the Contractor, and which illustrate and establish standards by which

the Work will be judged.

1.29 SCHEDULE OF VALUES: A complete itemized allocation of the various

portions of the Work, aggregating the total original Contract Sum.

1.30 SHOP DRAWINGS: Drawings, plans, lists, catalogs, diagrams,

schedules and other details, charts, calculations and data necessary

May 15, 2013 GC-4

to the contract Work adequately prepared and submitted by the

Contractor or any subcontractor, manufacturer, supplier or

distributor to illustrate some portion of the Work.

1.31 SUB-SUBCONTRACTOR: A Sub-subcontractor is a person or organization who

has a direct or indirect contract with a Subcontractor to perform any of the Work.

The term Sub-subcontractor is referred to throughout the Contract Documents as

if singular in number and masculine in gender and means a Sub-subcontractor or

an authorized representative thereof.

1.32 SUBCONTRACTOR: A Subcontractor is a person or organization who has a

direct contract with the Contractor to perform any of the Work. The term

Subcontractor is referred to throughout the Contract Documents as if singular in

number and masculine in gender and means a Subcontractor or his authorized

representative.

1.33 SUBSTANTIAL COMPLETION: Substantial Completion occurs when the Work

is sufficiently complete to allow the Owner full benefit and use of the Project for

its intended purpose.

1.34 THE CONTRACT: The Agreement between Owner and Contractor is the form

utilized to formally bind both parties to the terms and conditions of the Bidding

Documents, thus forming the Contract Documents.

1.35 TIME LIMIT: The time allowed in the Contract Documents for completion of the

work.

1.36 WORK: The Work includes all requirements of the Contract Documents.

1.37 WRITTEN NOTICE: All notices required under this Contract shall be in writing.

Written notice shall be deemed to have been duly served if hand-delivered or if

sent by registered or certified mail or faxed to the Owner, to the Architect, or to

the Contractor, as the case may be.

ARTICLE 2

ARCHITECT RESPONSIBILITIES

2.0 ARCHITECT RESPONSIBILITIES: The responsibilities of the Architect include,

but are not limited to the following:

2.1 The Architect has the responsibility to administer the Contract so that the

completion of the Project may be accomplished in accordance with the

requirements of the Contract Documents. Should, in the opinion of the Architect,

May 15, 2013 GC-5

the performance of the Contractor or the quality of his Work, or materials

furnished, not meet the standards specified, the Architect may take such measures

as he deems necessary to ensure compliance with contractual requirements.

2.2 The Architect will be the Owner’s representative during construction and will

have authority to act on behalf of the Owner to the extent provided here-in.

2.3 The Architect will be the interpreter of the requirements of the Contract

Documents. The Architect will, after consultation with the Owner and within

reasonable time, render such interpretations as may be necessary for the proper

execution or progress of the Work. The Architect’s decisions in such matter shall

be final.

2.4 The Architect shall receive, coordinate, evaluate, and process all Request for

Information (RFIs) and Change Order proposals. Change Order proposals and/or

Request for Information may be initiated by the contractor, Owner or Architect.

No change or alteration to the requirements of the Contract Documents will be

authorized without the approval of the Owner, including no-cost changes. Upon

approval, by the Owner, that a change is required, the Architect will prepare and

provide to the Owner a detailed scope of work, detailed cost estimate, and all

appropriate sketches to fully document the change order. Additionally, the

Architect shall review, evaluate, and provide comments to the Owner on the

contractor’s change order submittal with regard to scope, schedule, and cost. If

necessary or requested by the Owner, the Architect shall assist the Owner and

participate in change order negotiations. The Owner will prepare the change

order documentation, obtain the contractor’s signature, and provide a copy of the

executed change order to the Architect. The Architect shall verify that all

executed change orders are included in the record drawings.

2.5 The Architect will not be responsible for and will not have control or charge of

construction means, methods, techniques, sequence or procedures, or for safety

precautions and programs in connection with the Work, and he will not be

responsible for the Contractor’s failure to carry out the Work in accordance with

the Contract Documents. The Architect will not be responsible for or have

control over the acts or omissions of the Contractor, Subcontractor, or any of their

agents or employees, or any other persons performing any of the Work.

2.6 The Architect shall make the final inspection regarding final acceptance of the

Project.

2.7 Upon award of the Contract the Architect will provide the Contractor five (5)

complete sets of the Project Manual, Project Drawings and Addenda.

2.8 The Architect shall review and approve or take appropriate action within 10

calendar days, upon the Contractor’s submittals such as Shop Drawings, Product

Data and Samples, for conformance with the Contract Documents. Following the

Architect’s review of each submittal the Architect will return the submittal to the

May 15, 2013 GC-6

Contractor with the Architect’s stamp and signature affixed thereto, annotated

with one of the following:

“APPROVED” means approved for construction, fabrication and/or manufacture.

“APPROVED AS NOTED” means it is approved for construction, fabrication

and/or manufacture, upon compliance with all annotations and/or corrections

indicated on the submittal.

“DISAPPROVED” means that major deviations from the requirements of the

Contract exist in the submittal. No Work based on such submittal shall be

constructed, fabricated, or manufactured. The Contractor shall revise the

submittal in compliance with the Architect’s annotations and pursuant to all

requirements of the Contract and shall resubmit it to the Architect.

ARTICLE 3

OWNER RESPONSIBILITIES

3.0 OWNER RESPONSIBILITIES: The responsibilities of the Owner include; but

are not limited to the following:

3.1 The Owner reserves the right to perform work related to the Project with his own

forces, and to award separate contracts in connection with the Project.

3.2 The Owner may, at any time, without invalidating the Contract and without notice

to the Contractor’s sureties, make any changes or additions which are within the

general scope of the Contract, and may request the Contractor to perform extra

work. Any such change or request, when such request is accepted by the

Contractor, will be authorized in writing by the Owner.

3.3 The Owner may assign various inspectors to inspect the progress and quality of

the Work. Any inspector of the Owner, and the Architect, shall, at all times, have

access to the Work whenever it is in preparation or progress. The Contract shall

provide safe facilities for such access so the Architect and the Owner’s inspectors

may perform their functions under the Contract Documents.

ARTICLE 4

CONTRACTOR RESPONSIBILITIES

4.0 CONTRACTOR RESPONSIBILITIES: The responsibilities of the contractor

include, but are not limited to the following:

4.1 REQUESTS FOR INFORMATION: The Contractor shall submit requests for

information (RFI) to the Architect in the following manner:

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(i) Each request shall be numbered consecutively and dated.

(ii) Each request shall note the relevant sections of the Contract Documents.

(iii) Each request shall briefly explain the nature of the request.

(iv) Each request shall indicate the date by which a response is needed.

4.2 APPROVAL OF ALTERNATIVES: The following procedures shall be in effect

for approval of alternatives. All equipment, material, and articles incorporated in

the Work are to be new and of the most suitable grade for the purpose intended.

For convenience in designation certain articles or materials to be incorporated in

the Work may be designated under trade names or the names of manufacturers

and their catalog information. The use of an alternative article or material which

is of at least equal quality and of the required characteristics for the purpose

intended will be permitted.

4.2.1 The products, materials and equipment of manufacturers referred to in the

Contract Documents are intended to establish the standard of quality and design

required by the Architect. However, products, materials and equipment of

manufactures, other than those specified, may be used, if equivalent and approved

by the Architect. The Architect’s approval of a specific item shall not indicate

approval of an assembly of which the item is a component.

4.2.2 It is deemed that the term “or approved equal” is included after all products,

materials and equipment referred to in the Contract Documents.

4.3 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES:

4.3.1 Before submitting shop drawings and samples, the Contractor shall review all

shop drawings and samples for the completeness and accuracy. Shop drawings

and samples shall be submitted in a timely and orderly sequence. At the time of

submission, the Contractor shall direct in writing specific attention to any and all

deviations in the Shop Drawings or Samples from the requirements of the

Contract Documents.

4.3.2 By submitting shop drawings and samples, the Contractor thereby represents that

it has determined and verified all field measurements, field construction criteria,

materials catalog numbers, and similar data, and that it has checked and

coordinated each shop drawing and sample with all his subcontractors involved in

the Work and with the requirements of the Work and of the Contract Documents.

4.3.3 Any Shop Drawing, Product Data or Sample submitted without the Contractor’s

approval will not be processed for approval by the Architect, but will be returned

to the Contractor for his review, approval and resubmission.

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4.3.4 The Contractor shall direct specific attention, in writing or on resubmitted Shop

Drawings, Product Data or Samples, to revisions other than those requested by the

Architect on previous submittals.

4.3.5 No portion of the Work requiring submission of a Shop Drawing, Product Data or

Sample shall be commenced until the submittal has been approved by the

Architect. All such portions of the Work shall be in accordance with approved

submittals.

4.3.6 Shop Drawings shall show design, materials (kind, thickness and finish),

dimensions, connections, and other details necessary to ensure that they

accurately interpret Contract requirements and also show adjoining work in such

detail as required to provide proper connection with same. Shop Drawings shall

be numbered consecutively and insofar as possible shall be uniform in size.

4.3.7 All Shop Drawings, cuts, brochures and transmittals, shall be identified with the

name of the Project, building or buildings, for which Shop Drawings are being

submitted. The Architect’s name and Project Number, the Contractor’s name, the

date of submittal, the drawing number, the revision number, the date of each

revision, if any, as well as the Specification Section under which the Work is to

be performed, and the Project Drawing and detail numbers that relate to the Shop

Drawings, shall be indicated on the submittal. All Shop Drawings, cuts, and

brochures shall include the same identification information.

4.3.8 All samples requiring color selection shall be submitted together. Three (3)

Samples shall be submitted from the same source which will supply the actual

job. Samples shall be of adequate size to show quality, type, color, range, finish,

texture and other specified characteristics. In the event that a range of variations

in texture, graining, color or other characteristics may be anticipated in furnished

materials, assemblies, or elements of the Work, a sufficient number of samples of

such materials or products shall be submitted to indicate the full range of

characteristics which will be present in the materials or products proposed for the

Work. Any such materials or products delivered or erected prior to approval of

full range samples shall be subject to rejection. Samples of materials or products

which are normally furnished in containers or packages, which bear descriptive

labels and/or supplication or installation instructions, shall be submitted with such

labels and/or instructions.

4.3.9 All Samples shall be labeled, tagged, or otherwise clearly identified. Labels or

tags shall set forth the name of the Project, building or buildings for which the

Sample is being submitted, the Architect, the Contractor, the Subcontractor,

and/or the supplier, the name of the manufacturer, fabricator, or processor, the

trade designation, grade and quality of the material or product, the date of

submittal, and specific identification of each sample and a precise reference to the

Specification Section, Article and paragraph wherein the material, product, or

element of the Work is specified. Each label or tag shall have sufficient clear

space to permit the application of the approval stamps of the Contractor and the

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Architect.

4.3.10 All Samples shall be accompanied by a letter of transmittal from the Contractor

setting forth the same identification information as required for Shop Drawing

and Product Data. Contractor shall number transmittals consecutively in

sequence with the Shop Drawing transmittals. Where appropriate, test data and/or

manufacturers’ certificates shall be referenced in and forwarded with the letter of

transmittal. Samples without accompanying certificates or test data will be

returned without action.

4.3.11 All samples and Product Data for finish materials requiring color selection by the

Architect shall be submitted as follows: All exterior finish materials shall be

submitted at one time, and no action will be taken on any one submittal until all

items have been submitted. All interior finish materials shall also be submitted at

one time, and no action will be taken on any one submittal until all items have

been submitted. These submittals shall be made in a timely fashion to avoid any

delay in the Work.

4.3.12 Shop drawing prints shall be black line on white background. The Contractor

shall submit seven (7) copies of all shop drawings and product data.

4.3.13 When submittals are returned “Approved” or “Approved as Noted”, the

Contractor shall retain such submittals in a suitable place at the Project Site for

use by the Contractor, his Subcontractors, the Architect and his authorized

representatives to ensure that all Work is being installed in accordance with

approved submittals.

4.4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall at once notify

the Architect in writing of any error, inconsistency, or omission he may discover

in the Contract Documents.

4.5 SUPERVISION AND CONSTRUCTION PROCEDURES:

4.5.1 The Contractor shall supervise and direct the Work, using its best skill and

attention. The Contractor shall be solely responsible for all construction means,

methods, techniques, safety, sequences, and procedures and for coordinating all

portions of the Work under the Contract.

4.5.2 The Contractor’s Superintendent shall be on the site at all times when work is in

progress. The Superintendent shall represent the Contractor. All communications

given to the Superintendent shall be binding as if given to the Contractor.

4.6 SCHEDULES: For projects with a construction cost under one million dollars the

schedule may be either a horizontal bar chart schedule or a critical path method

(CPM) network schedule. For projects with a construction cost of one million

dollars or more the project schedule shall be a critical path method (CPM)

network schedule.

May 15, 2013 GC-10

A. Horizontal bar chart

1. Provide separate horizontal bar column for each trade or operation.

2. Order: table of contents of specifications, or chronological order of

beginning of each item of work.

3. Identify each column by major specification section number and

by distinct graphic delineation.

4. Horizontal time scale: identify first work day of each week.

5. Scale and spacing: to allow space for updating.

B. Critical Path Method (CPM)

1. Network diagrams shall be prepared on paper not exceeding 24

inches in width and no more than 36 inches in length. Diagrams

shall show the order and interdependence of line item activities and

the sequence in which the work is to be accomplished as planned

by the Contractor. The tabulation data shall include early, late,

schedule start and completion. The critical path shall be

highlighted on the network.

C. Content of Schedules:

1. Provide complete sequence of construction by activity including all

required submittals.

2. The schedule will be consistent with the time limit defined in the

Contract Documents.

D. Submittals:

1. Submit initial schedules within 15-days after date of Notice to

Proceed.

A. Architect will review schedules and return review copy

within 10-days after receipt.

B. If required, re-submit within 7-days after return of review

copy.

2. Submit monthly updated schedules accurately depicting progress

to first day of each month. The updated schedule shall be

submitted with the Contractors application for payment.

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A. Show all changes occurring since previous submission of

updated schedule.

B. Indicate progress of each activity; show completion dates.

E. Distribution:

1. Distribute copies of reviewed schedules to job site file, other prime

contractors, subcontractors, and other concerned parties.

2. Instruct recipients to report any inability to comply and provide

detailed explanation, with suggested remedies.

F. The Contractor and all Subcontractors, suppliers, and manufacturers shall

schedule materials, deliveries, and installations to conform with the

Schedule and provisions to this effect shall be included in all subcontracts.

4.7 CONTROL OF MATERIALS AND EQUIPMENT:

4.7.1 All materials and equipment shall be delivered, handled, stored, installed, and

protected to prevent damage and ensure preservation of quality and fitness for the

Work in accordance with best current practice in the industry, in accordance with

manufacturers’ specifications and recommendations, and in accordance with

Contract Document requirements. The Contractor shall store packaged materials

and equipment in their original and sealed containers, marked with the brand and

manufacturer’s name, until ready to use. The Contractor shall deliver materials

and equipment in ample time to facilitate inspection and tests prior to installation.

The term “delivery” in reference to any item specified or indicated, means the

unloading and storing with proper protection at the project site. Damaged

materials or equipment will be rejected.

4.7.2 Until the acceptance of the Work, the Contractor shall have the charge and care

of the Work and of the materials to be used therein, including materials for which

it has received payment and materials which have been furnished by the Owner

and shall bear the risk of injury, loss, or damage to any part thereof by the action

of the elements or from any other cause, whether arising from the execution or

from the non-execution of the Work. The Contractors shall rebuild, repair, or

restore all losses or damages to any portion of the Work and materials occasioned

by any cause before its completion and acceptance and shall bear the expense

thereof. Where necessary, the Contractor shall, at its expense, provide suitable

drainage and erect such temporary structures as are necessary to protect the Work

and materials from damage.

May 15, 2013 GC-12

4.8 PATENTED DEVICES, MATERIALS, AND PROCESSES

If the Contractor employs any design, device, material, or process covered by a

patent or copyright, he shall provide for its use by obtaining a legal agreement

with the patentee or Owner. The Contractor and the surety shall indemnify and

save harmless the Owner, any affected third party, or political subdivision from

claims for infringement because of such use. The Contractor shall indemnify the

Owner for costs, expenses, or damages resulting from infringement during

prosecution or after completion of the work.

4.9 DESIGNATION OF SUBCONTRACTORS: The Contractor shall submit a listing

of the name and location of the place of business of each subcontractor who will

perform work or labor or render service to the Contractor in performance of the

Contract and the portion of the Work which will be done by each subcontractor,

and any subsequent substitution thereof.

4.10 PROGRESS MEETINGS: During the construction period, progress meetings

chaired by the Contractor will be held with representatives of the Owner,

Architect, major subcontractors and such other subcontractors or material

suppliers whose presence may be deemed necessary or desirable. The purpose of

these meetings shall include, without limitation, expediting the Work,

coordination of various phases of the Work and Scheduling of Work to

accommodate the operations. Progress meeting shall be held monthly. The time

and place of meetings will be determined by the Contractor who shall give all

persons expected to attend the meeting at least seven (7) day’s notice of the date,

time, and place of the meeting.

4.11 DELAYS AND EXTENSION OF TIME:

4.11.1 Time is of the essence in completing the Work, and, in the event of delay in the

completion of the Work as specified beyond the dates scheduled in the Contract

as adjusted by Change Orders, it would be difficult to determine the exact amount

of the loss or damages suffered by the Owner due to delays in completion of the

Contract. Therefore, for every day of delay past the scheduled completion dates

of this Contract as adjusted by Change Orders, the Contractor will be liable to the

Owner, as liquidated damages for delay and not as penalty, in the amount stated

on the Bid Proposal Form for each and every day the Contractor shall be in

default. This will not apply to delays in completion of the Work due to the acts of

God, acts of the Public Enemy, acts of the Government (in either its sovereign or

contractual capacity), fires, floods, strikes, or unusually severe weather; provided,

that the Contractor shall, within five (5) days of the onset of any such delay,

notify the Architect in writing of the causes of delay and the facts relating thereto.

Failure to provide such notice shall preclude the Contractor from claiming that

delays resulted from the acts of God, acts of the Public Enemy, acts of the

Government (in either its sovereign or contractual capacity), fires, floods, strikes,

or unusually severe weather. The Owner reserves the right to deduct said

liquidated damages from any amount due the Contractor under this Contract or, at

May 15, 2013 GC-13

its option, to collect such liquidated damages directly from the Contractor or its

surety. Liquidated damages are for delay only and are in addition to any other

rights available to the Owner by contract or law. If the Contractor provides

timely notice of such delays, and upon concurrence of the Architect, the

Contractor shall be entitled to a Change Order adjusting the scheduled contract

completion date by the number of days that the entire project has been delayed.

4.11.2 Weather shall be considered “unusually severe” only if a weather condition (or

any combination of weather conditions) prevents the contractor from working a

number of work days during a calendar month, which number exceeds the number

of work days listed below for that calendar month. The Contractor’s schedule

shall be adjusted by adding the number of excess work days lost because of the

weather condition (or conditions) to the duration of the activities actually effected

by the weather condition (or conditions).

4.11.3 A work day is defined as Monday through Friday. The Contractor shall notify the

Architect and the Owner’s on site representative by 12 noon on Wednesday when

the Contractor plans to work on Saturday and/or Sunday. The Contractor shall

not be entitled to weather delays on Saturday or Sunday when work was not

properly scheduled to occur.

4.11.4 The Contractor shall anticipate the potential loss of the number of work days

listed below for each calendar month due to weather and shall schedule the work

accordingly

January 8 July 4

February 8 August 3

March 8 September 3

April 6 October 3

May 4 November 4

June 4 December 6

4.11.5 Delays due to shortages in material, shortages in equipment, or shortages in

manpower not caused by strikes will not be considered excusable delay. The

Contractor, by accepting this Contract, warrants that it has the necessary material,

equipment, and personnel to achieve its scheduled completion.

4.12 RIGHT OF INSPECTION:

4.12.1 If the Contract Documents, laws, ordinances, rules, regulations, or orders of any

public authority require any Work to be inspected, tested, or approved, the

Contractor shall give the Architect timely notice of readiness thereof and shall

furnish the Architect certificates of inspection, testing, or approval. If such Work

required to be inspected, tested, or approved is covered up without prior written

approval of the Architect, it must, if directed by the Architect, be uncovered at the

Contractor’s expense. Cost of all such inspections, tests, or approvals shall be

May 15, 2013 GC-14

borne by the Contractor unless otherwise noted in the Contract Documents.

4.12.2 Should it be considered necessary or advisable by the Owner at any time before

acceptance of the entire Work to make an examination of Work already

completed by removing or tearing out same, the Contractor shall, on request,

promptly furnish all necessary facilities, labor, and material. If such Work is

found to be defective or nonconforming in any material respect due to the fault of

the Contractor or its subcontractors, the Contractor shall pay all the expenses of

such examination and of satisfactory reconstruction. If, however, such Work is

found to meet the requirements of the Contract, an equitable adjustment shall be

made in the Contract price to compensate the Contractor for the additional

services involved in such examination and reconstruction, and, if completion of

the Work has been delayed thereby, the Contractor shall, in addition, be granted a

suitable extension of time.

4.12.3 Unless otherwise provided in this Contract, acceptance by the Owner shall be

made as promptly as practicable after completion and inspection of all Work

required by this Contract. Acceptance of all Work is contingent upon final

approval of the Architect. Acceptance shall be final and conclusive except for

latent defects, fraud, or such gross mistakes as may amount to fraud or which may

affect the Owner’s rights under any warranty or guarantee.

4.13 NOTICE OF CLAIMS: No claim for damages (or adjustment to the Contract

price) by the Contractor against the Owner shall be allowed unless the Contractor

provides written notice of the claim in accordance with this Section within twenty

(20) days after the claim arises. Such notice shall include a qualification or

projection of all direct costs being claimed and a reasonable estimate of indirect

(excluding overhead and profit) costs being claimed.

4.14 DISPUTES: Except as otherwise provided in this Contract, any dispute

concerning a question of fact arising under this Contract which cannot be

disposed of by agreement shall be decided by the Architect subject to written

approval of the Owner. The decision by the Architect and approval by the Owner

shall be reduced to writing and a copy thereof mailed or otherwise furnished to

the Contractor. The decision by the Architect, as approved by the Owner, shall be

final and conclusive. Unless otherwise agreed in writing, the Contractor shall

carry on the Work and maintain its progress during the pendency of any dispute,

and the Owner shall continue to make payments to the Contract in accordance

with the Contract Documents.

4.15 DUTY TO PROVIDE CERTIFIED STATEMENT: The Owner may require the

Contractor to submit a written certification that any claim made by the Contractor

arising out of the execution, performance or breach of this Contract is not the

result of, or affected by, any collusion with another person engaged in the same

line of business or commerce or any act of fraud.

4.16 INSPECTION AND ACCEPTANCE:

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4.16.1 Except as otherwise provided in this Contract, inspection and testing by Owner of

material and workmanship required by this Contract shall be made at reasonable

times and at the site of the Work, unless the Architect determines that such

inspection or testing of material which is to be incorporated in the Work shall be

at the place of production, manufacture, or shipment of such material. To the

extent specified by the Architect at the time of determination to make off-site

inspection or test, such inspection or test shall be conclusive as to whether the

material involved conforms to the Contract requirements. Such off-site inspection

or test shall not relieve the Contractor of responsibility for damage to or loss of

the material prior to acceptance, nor in any way affect the continuing rights of the

Owner after acceptance of the completed Work.

4.16.2 If, after the commencement of the Work, the Owner or the Architect determines

that any Work requires additional inspection, testing, or approval which is not

included herein, the Architect may instruct the Contractor to order such additional

inspection, testing or approval. Upon receipt of such instruction, the Contractor

shall give the Architect timely notice of the date arranged for such purpose so that

the Owner and Architect may observe the inspection, testing, or approval. If any

Work has been covered which the Architect had not requested to observe prior to

being covered, or if the Architect considers it necessary or advisable that covered

Work be inspected or tested by others, the Contractor, at the Architect’s request,

will uncover, expose, or otherwise make available for observation, inspection, and

testing that portion of the Work in question. Authorized representatives of the

Federal, State, and Local governments shall have access to the site of construction

and shall have the right to inspect the project Work.

4.16.3 The Contractor shall, without charge, replace any material or correct any

workmanship found by the Architect not to conform to the Contract requirements

unless, in the public interest, the Owner consents to accept such material or

workmanship with an appropriate adjustment in Contract price. The Contractor

shall promptly segregate and remove rejected material from the premises.

4.16.4 If the Contractor does not promptly replace rejected material or correct rejected

workmanship, the Owner (1) may, by contract or otherwise, replace such material

or correct such workmanship and charge the cost thereof to the Contractor, or (2)

may terminate the Contractor’s right to proceed.

4.16.5 The Contractor shall request of the Architect, in writing, a final inspection when

the Work has been completed in all respects in accordance with the Contract

Drawings and Specifications. Upon receipt of the Contractor’s written request,

the Architect will perform a final inspection and determine that the Work has

been completed as specified. If the Work has not been completed, the Architect

will inform the Contractor in writing of the remaining Work to be completed. If

the Work has been completed, the Architect will formally accept the Work.

Immediately upon and after such final written acceptance by the Architect, the

Contractor will be relieved of the duty of maintaining and protecting the Work as

May 15, 2013 GC-16

a whole, and it will not be required to perform any further work thereon except as

provided in Section “Warranty of Construction”; and the Contract shall be

relieved of this responsibility for injury to persons or property or damage to the

Work which occurs after the final acceptance by the Owner, except that the

Contractor shall not be relieved of its responsibility for injury to persons or

property arising from the Contractor’s duties and obligations.

4.17 DAILY REPORTS: The Contractor shall maintain daily reports numbered

consecutively. Each report shall state the date, the calendar day since the Notice

to Proceed, the number of men working by trade, weather, activities in progress,

delays, and field directions issued by Owner and /or Architect. A copy of each

report shall be provided to the Architect and to the Owner.

4.18 SAFETY REQUIREMENTS:

4.18.1 The Contractor shall, at its sole cost, protect and guard the Work and shall be

responsible for planning, initiating, maintaining, supervising, and enforcing all

measures, procedures, precautions, and programs for the greatest safety and

protection of the Work, for any and all persons, and for any and all property in

accordance with applicable Federal, State, and Local laws, rules, and regulations.

The safety of the Contractor’s personnel shall be the Contractor’s responsibility.

4.18.2 The Contractor shall provide a written report to the Owner through the Architect

of any and all accidents whatsoever arising out of or in connection with the

performance of the Work, whether on or adjacent to the site, which cause death or

personal injury or property damage. The report shall be furnished to the Owner

through the Architect within one (1) day of the occurrence.

4.19 RESTORATION OF PROPERTY: Contractor shall restore all property which

may be disturbed in the execution of the Work to its former condition and to the

satisfaction of any property owners or any governmental authority affected

thereby.

4.20 SUSPENSION OF WORK:

4.20.1 The Owner may, at its sole option, by notice in writing to the Contractor suspend

at any time the performance of all or any portion of work to be performed under

the Contract. Upon such notice of suspension of work, the Contractor shall

permit the Owner to designate the amount and type of plant, facilities, materials,

labor and equipment to remain on the Project. During the period of suspension,

the Contractor shall use its best efforts to minimize costs associated with

suspension.

4.20.2 Upon receipt of such notice, the Contractor shall, unless the notice required

otherwise:

A. Immediately discontinue work on the date and to the extent specified in

May 15, 2013 GC-17

the notice;

B. Place no further orders or subcontracts for material, services or facilities

with respect to suspended work other than to the extent required in the

notice;

C. Promptly make every reasonable effort to obtain suspension upon terms

satisfactory to the Owner of all orders, subcontracts and rental agreements

to the extent that they relate to performance of work suspended; and

D. Unless otherwise specifically stated in the notice, continue to protect and

maintain the Project, including those portions of which work has been

suspended.

4.21 ADJUSTMENT TO CONTRACT: If the performance of all or any part of the

work is, for a period exceeding thirty (30) days in duration, suspended pursuant to

a written notice of suspension, an adjustment shall be made for any increase in the

cost of performance of this contract (excluding overhead and profit) necessarily

caused by such written notice of suspension, and the contract modified in writing

accordingly. However, no adjustment shall be made under this clause for any

suspension, delay, or interruption to the extent (1) that performance would have

been so suspended, delayed or interrupted by any other cause, including the fault

or negligence of the Contractor, or (2) for which an equitable adjustment is

provided for or excluded under any other provision of this contract. No claim

under this clause shall be allowed unless the claim, in an amount stated, is

asserted in writing within twenty (20) days after the termination of such

suspension.

4.22 WARRANTY OF CONSTRUCTION:

4.22.1 The Contractor will provide to the Owner a warranty on the Work for one (1) year

from the date of substantial completion. The Contractor shall warrant that the

Work performed conforms to the Contract requirements and the equipment,

materials, and workmanship are free of any defects or failures. Under this

warranty, the Contractor shall remedy, at its own expense, any such defects or

failures. Any corrective work performed to meet the requirements of the one (1)

year warranty shall not extend the warranty period for another one (1) year period.

This one-year warranty on all the work shall be concurrent with and in addition to

any extra or extended warranty specifically required by the technical

specifications. Additionally, the Contractor shall convey to the Owner any

warranties of guarantees provided by the manufacturers for the materials or

equipment included in the Work.

4.22.2 Prior to substantial completion, the Contractor shall deliver to the Owner via the

Architect the written documentation that provides the warranties and guarantees

required. The Contractor’s one-year warranty documentation shall include and

provide the Owner with names, addresses, and telephone numbers organized by

May 15, 2013 GC-18

the technical specification format for the point of contact(s) to initiate warranty

service. The documentation for the technical specification warranties and other

manufacturer warranties shall be assembled and bound in a separate volume. The

warranty documentation is in addition to any other requirement for the submittal

of operations and maintenance manuals or other technical manuals.

4.23 PERMITS AND LICENSES: To the extent permit and licensing requirements are

applicable, the Contractor shall obtain and pay for all permits specific to the

project, and give all notices necessary and incident to the due and lawful

prosecution of the Work.

4.24 ALLOWANCES:

A. Materials and equipment under an allowance shall be selected promptly by

the Owner to avoid delay in the Work.

B. Allowances shall cover the cost to the Contractor of materials and

equipment delivered at the site and all required taxes, less applicable trade

discounts.

C. Contractor’s costs for unloading and handling at the site, labor, installation

costs, overhead, profit and other expenses contemplated for stated

allowance amounts shall be included in the Contract Sum and not in the

allowances.

D. Whenever costs are more than or less than allowances the Contract Sum

shall be adjusted accordingly by Change Order.

4.25 CHANGES IN THE WORK

4.25.1 The Owner, without invalidating the Contract and without Notice to the surety,

may order a Change or Modification in the Work consisting of additions,

deletions or other revisions to the general scope of the Contract, or changes in the

sequence of the performance of the Work. The Contract Sum and the Contract

Time shall be adjusted accordingly. All such Modifications in the Work shall be

authorized by written Change Order, and all Work involved in a Change shall be

performed in accordance with the terms and conditions of this Contract. If the

Contractor should proceed with a Change in the Work upon an oral order, by

whomsoever given, The Contractor will be at risk that the Purchasing Agent will

determine that the changed work, in whole or part, is not desired. The Contractor

will have waived claim to an increase in contract sum or time in that case.

4.26 FIELD ORDER

4.26.1 A Field Order is a written order or email to the Contractor signed by the Owner

interpreting or clarifying the Contract Documents or directing the Contractor to

perform minor changes in the Work. A minor change in the work is defined as a

May 15, 2013 GC-19

change not involving adjustment in the Contract Sum or an extension of the

Contract Time and is not inconsistent with the intent of the Contract Documents.

Such changes shall be effected by written order and shall be binding on the Owner

and the Contractor. The Contractor shall carry out such orders promptly. Any

work relating to the issuance of a Field Order shall be performed promptly and

expeditiously and without additional cost to the Owner and within the Contract

time, unless the Contractor submits a Proposed Change Order, defined below,

which is approved by the Owner.

4.27 REQUEST FOR PROPOSAL

4.27.1 A Request for Proposal is a written request from the Owner to the Contractor that

describes a proposed Change in the Work. The Contractor is required to submit a

complete proposal for the total cost and additional time, if any, necessary to

perform the proposed Change in the Work. Requests for Proposals shall be

numbered consecutively by date of issuance by the Owner.

4.28 PROPOSED CHANGE ORDER

4.28.1 A Proposed Change Order is a written request from the Contractor to the Owner

requesting a change in the Contract Amount and/or Contract Time. A Proposed

Change order is submitted as a proposal in response to a Request For Proposal or

as a claim for an increase in the Contract Sum or Contract time pursuant to the

issuance of a Field Order, or as a result of unforeseen circumstances, such as a

differing site condition as defined in 4.29. Change Orders for Type II site

conditions will only be entertained if the Contractor has not accepted

responsibility for the unforeseen site conditions pursuant to other provisions in the

Contract Documents. A Proposed Change Order must be submitted within twenty

(20) calendar days of the issuance of a Request for Proposal or a Field Order or

the discovery of an unforeseen circumstance. The Contractor shall not be entitled

to time and/or costs of any nature from the Owner as a result of his failure to

comply with this provision. Proposed Change Orders shall be numbered

consecutively by date of issuance by the Contractor. The Contractor shall also

indicate on the Proposed Change Order the number of the Request for Proposal or

the Field Order to which it responds.

4.28.2 In the case of unit price items, it is understood and agreed by the Contractor that

the estimate of the quantities in the unit price items are approximate only and

presented solely for the purpose of comparing bids and may not represent the

actual amount of work to be performed. The Contractor, therefore, understands

and agrees that the Owner reserves the right to increase, decrease or eliminate

entirely the quantity of work to be done under any item. If called upon to do more

work under any unit price item named in the Bid Documents, the Contractor will

perform all such additional work and accept as payment the unit price named in

the proposal, subject to the twenty percent (20%) deviation limitations specified

in subparagraph 4.28.2.2.

May 15, 2013 GC-20

4.28.2.1 The Contractor’s Proposed Change Order shall be determined by applicable unit

prices, if any, as set forth in the Contract.

4.28.2.2 However, if changes in quantities are greater or lesser than twenty percent (20%)

of the original bid quantity the Owner or the Contractor shall have the right to

request a decrease or an increase in the unit price for the quantity greater than one

hundred twenty percent (120%) or less than eighty percent (80%) of the original

bid quantity.

4.28.2.3 It shall be understood that such unit prices shall constitute full payment for the

extra work performed, including, but not limited to, “general conditions” costs,

plant, materials, labor equipment, overhead, profit, and safety requirements.

4.28.3 If no such unit prices are set forth, the Contractor’s proposal shall be on a lump

sum basis and shall be itemized and segregated by labor, equipment, and materials

for the various components of the Change in the Work (no aggregate labor total

will be acceptable) and shall be accompanied by signed proposals of any

subcontractors who will provide equipment for incorporation therein.

4.28.3.1 The portion of the proposal relating to labor, whether by the Contactor’s forces or

the forces of any of its subcontractors, may include reasonably anticipated gross

wages of Job Site labor, who will be directly involved in the Change in the Work

(for such time as they will be so involved), plus separately identified payroll costs

(including premium costs of overtime labor, if overtime is authorized, Social

Security, Federal or State unemployment insurance taxes and fringe benefits

required by collective bargaining agreements entered into by the Contractor or

any such subcontractor in connection with such labor).

4.28.3.2 The portion of the proposal relating to materials may include the reasonably

anticipated direct costs to the Contractor or to any of its subcontractors of

materials to be purchased for incorporation in the Change in the Work, plus

transportation and applicable sales or use taxes.

4.28.3.3 The proposal may further include the Contractor’s and any of its subcontractor’s

reasonably anticipated equipment rental costs, except small hand tools, in

connection with the Change in the Work.

4.28.4.1 If the Contractor performs the Change in the Work without use of subcontractors

or sub-subcontractors, his compensation will be the Costs as described above,

plus a negotiated mark-up that shall not exceed fifteen percent (15%) for overhead

and profit.

4.28.4.2 If the work is performed by a bona fide subcontractor, his compensation will be

the Costs as described above plus a negotiated mark-up that shall not exceed

fifteen percent (15%) total to include overhead and profit. The Contractor’s

compensation will be a maximum mark-up of five percent (5%) of the

subcontractor’s total cost.

May 15, 2013 GC-21

4.28.4.3 If the work is performed by a bona fide sub-subcontractor, his compensation will

be the Base Costs as herein described plus a negotiated mark -up that shall not

exceed fifteen percent (15%) for overhead and profit. The mark-up of any sub-

subcontractor’s work by the Contractor and all intervening tiers of subcontractors

shall not exceed a total of ten percent (10%) of sub-contractor’s total cost.

4.28.5 The mark-up on the cost of labor, materials, and equipment described in

Paragraphs 4.28.4.1, 4.28.4.2, and 4.28.4.3 shall compensate the Contractors,

subcontractor and sub-subcontractor for all indirect costs associated with or

relating to the Change in the Work including, but not limited to, labor and/or

equipment inefficiency, changes in sequence, delays, interferences, impact on

unchanged work, gross receipts tax, superintendent, small tools, reproduction,

administration, insurance, unrelated safety requirements, temporary structures and

offices, all other general and administrative, home office and field office

expenses.

4.28.6 The Proposed Change Order may also include the cost of increases in premiums

for the standard Performance Bond, provided coverage for the cost of the Change

in Work results in such increased costs. At the Owner’s request, the Contractor

shall provide proof of his notification to the Surety of the change in the Work and

of the Surety’s agreement to include such change in its coverage. The cost of the

increase in premiums shall not be marked up.

4.28.7 If the Change in the Work affects the critical path established by the approved

schedule and it is necessary to increase the Contract Time in order to perform the

Change in the Work, the Contractor shall provide a reasonable and definitive

amount of days associated with the work as part of the Proposed Change Order.

Changes in the work that do not affect the critical path of the project shall not be

granted time extensions. The Contractor’s request for a time extension shall be

evaluated in accordance with the criteria described in Article 4.11 Delays and

Extension of Time.

4.28.8 If the Contractor’s Proposed Change Order is rejected by the Owner as being

within the scope of the Work required by the Contract Documents, the Owner

may, at its sole option and discretion, direct the Contractor to perform the Work

which is the subject of the said Proposed Change Order; the Contractor shall then

promptly proceed with said Work. Nothing herein shall excuse the timely

performance by the Contractor of the Work because any Proposed Change Order

is pending.

4.29 DIFFERING SITE CONDITIONS: The Contractor shall, immediately upon

discovery and before such conditions are disturbed, notify the Owner of: (Type 1)

Subsurface or latent physical conditions at the site which differ materially from

that indicated in the Contract, or (Type 2) Unknown unusual physical conditions

at the site which differ materially from conditions ordinarily encountered and

recognized as inherent in this type of work. The Owner shall investigate the site

May 15, 2013 GC-22

conditions promptly after receiving notice. Should the Owner determine that such

conditions do materially differ and cause an increase or decrease in the

Contractor’s cost of, or the time required for performance of the Work, an

equitable adjustment shall be made and the Contract modified accordingly.

Failure to notify the Owner in a timely manner preventing the Owner from

verifying conditions and/or providing mitigating direction shall operate as a

complete waiver of the Contractor’s right to claim an equitable adjustment under

this Clause or Article 4.30.

4.30 EQUITABLE ADJUSTMENTS: If any such change, addition or extra work

causes an increase or decrease in the Contractor’s cost of performance of work,

the Contract cost shall be adjusted accordingly. If any such change, addition or

extra work causes an increase in the time required for performance of work under

the contract, the scheduled Contract completion date will be modified accordingly

by a Change Order to accommodate such work.

4.31 CHANGE ORDER

4.31.1 A Change Order is a written order to the Contractor signed by the Owner, issued

after execution of the Contract, authorizing a Change in the Work or an

adjustment in the Contract Sum and/or the Contract Time. The Contract Sum and

the Contract Time may be changed only by Change Order. A Change Order

signed by the Contractor indicates his agreement therewith, including the

adjustment in the Contract Sum and/or the Contract Time.

4.31.1.1 If the Owner determines that the Contractor’s Proposed Change Order, submitted

pursuant to Article 4.28 for a change in the Contract Sum or Contract Time, is

acceptable, the Owner shall prepare and issue a Change Order which will

authorize the Contractor to proceed with the Change in the Work for the cost and

time stated in the Proposed Change Order, or as otherwise may be agreed upon by

the parties. The amounts stated in the Change Order for the cost and time to

perform the Change in the Work shall be binding on the parties.

4.31.2 After issuance of the Change Order, the Contractor shall ensure that the amount

of the Performance and Payment Bond coverage has been revised to reflect the

increase in the Contract Sum due to the Change Order.

4.32 UNILATERAL CHANGE ORDER

4.32.1 In the event that the parties are unable to agree as to the reasonable cost and time

to perform the Change in the Work and the Owner does not elect to have the

Change in the Work performed on a time and material basis, the Owner may issue

a Unilateral Change Order based on the reasonable cost and time to perform the

Change in the Work as determined by the Owner. Failure of the parties to reach

agreement regarding the cost and time of performing the Change in the Work

May 15, 2013 GC-23

shall not relieve the Contractor from performing the Change in the Work

promptly and expeditiously. Any unresolved dispute resulting from the Unilateral

Change order shall be resolved pursuant to the procedure outlined in paragraphs

4.14 and 4.15.

4.33 DECREASES AND WORK NOT PERFORMED (Deductive Change Orders)

4.33.1 Should it be deemed expedient by the Owner to decrease the dimensions, quantity

of material or work, or vary in any other way the work herein contracted for, the

Owner may direct by written Change Order, such decreases to be made or

performed without in any way affecting the validity of the Contract. The

Contractor shall comply with the Change Order from the Owner. The difference

in expense occasioned by such decrease shall be deducted from the amount

payable under this Contract.

4.33.2 When work is deleted from the Contract by Owner, the amounts to be credited to

the Owner shall reflect the same current pricing as if the work were being added

to the Contract at the time the deletion is ordered, and documentation will be

required for a credit. If such deleted materials and equipment shall have already

been purchased and stored on site and cannot be used in other projects, returned

for credit or cannot be returned for credit at the price paid by the Contractor at the

time of purchase, the Contractor shall be entitled, upon proper documentation and

certification, to an adjustment in the pricing of the credit to avoid hardship to the

Contractor. If necessary in order to establish such reasonable value, the

Contractor may be required to submit a detailed breakdown of his original bid for

the items or work involved.

4.33.3 If work is not performed, and such deletion of work was not directed or approved

by the Owner, the Owner shall ascertain the amount of the credit due, or require

the work to be performed.

4.34 CHANGES IN LINE AND GRADE

4.34.1 The Owner reserves the right to make such alterations in the line and grade of

various structures or pipe lines shown on the drawings, as may be necessitated by

conditions found during construction or that in the judgment of the Owner appears

advisable. Such alterations shall in no way affect the validity of the Contract.

4.34.1.1 In case of a unit price contract, if such changes increase the amount of the work

or materials, the Contractor will be paid according to the quantity of work actually

done at the prices established for such work under the Contract.

4.34.1.2 In case of a lump sum contract, the price for the work shall be determined as

specified in Article 4.28 Proposed Change Order.

May 15, 2013 GC-24

4.35 CONSTRUCTIVE CHANGES

4.35.1 Should the Contractor receive Owner or Architect direction, including Contract

interpretation, which in the opinion of the Contractor results in increased cost or

time of performance beyond what a reasonable interpretation of the original

contract required; the Contractor is required to give written notice of this changed

condition before proceeding with the additional work or direction. Should the

Owner agree, the Contractor will be entitled to an equitable adjustment consistent

with the Change Order Clause (4.31). Should the Owner disagree, the Contractor

is required to proceed per Owner direction. The Contractor is referred to the

provisions of Article 4.30 to continue seeking an adjustment to the Contract Sum

or Time.

ARTICLE 5

MISCELLANEOUS PROVISIONS

5.1 SCHEDULE OF VALUES: Before filing application for its first payment the

Contractor shall submit to the Architect a Schedule of Values (cost breakdown)

for approval by the Architect and the Owner. The Schedule of Values shall

provide a complete, itemized allocation of the various portions of the Work,

aggregating the total original Contract Sum.

5.2.1 PURPOSE: The approved Schedule of Values shall be used as a basis for the

Contractor’s Application for Payment”.

5.2.2 TIMELINESS: The Schedule of Values must be submitted within ten (10) days

after receipt of the Notice to Proceed unless otherwise directed by the Owner.

5.2.3 COST ITEMIZATIONS: Cost itemization shall be broken down into:

A. MATERIAL, which includes cost of material or equipment actually built

into the Work, plus applicable taxes paid thereon;

B. LABOR OR OTHER COSTS;

5.3 APPLICATION FOR PAYMENT: On a monthly basis the Contractor shall

submit to the Architect a formal typewritten, certified Application for Payment

with all supporting data, in a format approved by the Owner and supported by

such data required by the Owner to substantiate the Contractor’s rights to payment

for current Work performed, in accordance with Contract Documents. Within

seven (7) days after receipt of the formal Application, the Architect will either:

A. Issue its Certificate for Payment and recommendation for payment to the

Owner, or

B. Notify the Owner and the Contractor in writing of the reasons for

May 15, 2013 GC-25

returning application without approval.

5.3.1 RETENTION: An amount equivalent to five percent (5%) of each such payment

application and also of any other sums due the Contractor from the Owner shall

be deducted there from and withheld until the Work required by the contract has

been performed. The amount retained shall be withheld until final acceptance of

the Work.

5.3.2 MATERIALS ON HAND AND NOT PLACED: Payment may be made to the

extent of the delivered cost of materials to be incorporated in the Work, when

delivered on the project or stored in acceptable storage places approved by the

Owner. Payment for such materials will not relieve the Contractor of

responsibility for loss or damage of the stored materials. The delivered cost shall

be evidenced by proper invoices.

5.3.3 MATERIALS STORED OFF-SITE: Wherever “Stored Materials” are being

included in application for payment and are not onsite, the contractor must

provide “All Risk” property insurance on the materials and the certificate must list

the City of Virginia Beach as: Loss Payee – “As Interest May Appear”.

5.4 SUBSTANTIAL COMPLETION

5.4.1 “The Project will not be considered substantially complete until after the

sidewalks are finally complete, all equipment is installed and operating properly,

and all interior finishes are complete. Punch list items shall be reduced to minor

repairs and adjustments which will not interfere with the Owner’s operations

before the Project will be occupied and certified as substantially complete.”

5.4.2 Immediately following Substantial Completion, the Owner will assume

responsibility for the maintenance and operation of all fuel and service utilities.

With the exception of items under guarantee and items damaged due to the failure

of any item under guarantee, the Owner will also become responsible for all

maintenance and damage and/or wear and the cost of repairs of restoration during

the period between Substantial and final completion. The Owner will have in

effect all necessary insurance for protection against any losses not attributable to

the Contractor’s negligence.

5.4.3 At “Substantial Completion”, the following must also take place before or

concurrent with the certificate being issued (this is not intended as an exclusive

list - additional requirements may apply):

A. Contractor must turn all keys over to the City’s representative with all

keys tagged and accompanied by two (2) copies of floor plans with key

locations noted on tags and plans.

B. Turn all warranties and operating manuals over to Owner via the

Architect.

May 15, 2013 GC-26

C. Provide written and on-site oral operating demonstrations and instructions

for all equipment to City Building Maintenance Personnel (and any other

city staff involved with operations).

D. Project inspections for purposes of establishing that “Substantial

Completion” has been reached must:

1. Be scheduled minimum three (3) days in advance for anytime

Monday thru Thursday between the hours of 9:30 a.m. and 5:00

p.m.

2. Have the following people present:

Architect (s)

Engineers - site, plumbing, mechanical and

electrical (structural if necessary)

Representative from General Services/Building

Maintenance

Representative from Using Agency (where deemed

necessary by PW/Engineering Construction)

E. The Architect may supplement the “punch list” prepared by the Contractor

based on his observations, with lists from his consulting engineers to be

issued with “the Certificate of Substantial Completion”.

F. Obtain all “final releases” possible and a “Certificate of Occupancy” from

the City of Virginia Beach, Department of Permits and Inspections.

5.4.4 After the date of Substantial Completion, the Contractor shall complete all punch

list work within 30 calendar days, or 10% of the Contract Time, whichever is

greater. Should the Contractor fail to complete all “punch list” work within this

time, the Contractor shall be declared in default effective the last day of this time

period and all retainage frozen.

The retainage shall remain frozen until such time as all costs associated with

completing the “punch list” work can be determined. These costs shall include,

but shall not be limited to, design fees and work performed by the Owner and

work by separate contractors to complete the work. These costs shall be deducted

from the retainage, the contract amount adjusted accordingly and the Contractor

shall receive the remaining funds. Should the cost of completing the project

exceed the retainage, the Contractor shall reimburse the Owner for this extra cost

and the contract amount will be adjusted accordingly.

For reasons totally outside his control, the Contractor may request additional time

to complete the “punch list”. The Owner may extend stated time for the work that

May 15, 2013 GC-27

was outside his control, however, all other “punch list” work shall be completed

within the original time limit for punch list work.

5.4.5 The date of Substantial Completion shall establish the beginning of the specified

period of guarantees, unless a prior date has been established for acceptance of a

portion of the total project or certain systems, in which case the prior dates will be

effective for previously accepted work only.

5.4.6 The Contractor shall arrange a schedule so that “punch list” items are completed

in the designated time by working during regular working hours. If the Architect

determines that the work interferes with the beneficial use of the project, and the

Owner is unable to adjust his operations to permit the Contractor to perform

“punch list” work during regular working hours, the Contractor shall perform

such work outside of regular business hours, must notify the Owner 48 hours in

advance and pay for additional security guards at no additional expense to the

Owner.

5.4.7 After the Substantial Completion date, if the Project has not been completed

within the “punch list” time period, the Contractor shall pay the Owner for all

costs for additional services provided by the Architects and/or his consultants

which are caused by the Contractor’s failure to complete on time. The cost for

additional services is in no way related to Liquidated Damages.

5.5 FINAL COMPLETION AND FINAL PAYMENTS

5.5.1 “When the Contractor considers the Work has reached final completion, the

Contractor shall submit written certification that Contract Documents have been

reviewed, the Work has been inspected, and that the Work is complete in

accordance with Contract Documents and ready for Architect-Engineer’s

Inspections.”

5.5.2 Prior to final completion and final payment the following must take place:

A. Obtain all final releases from all inspections authorities.

B. Complete all punch list work.

C. Obtain final “Certificate of Payment” and “Certificate of Final

Completion” from the Architect.

D. Obtain “Consent of Surety to Final Payment” form executed by surety and

provide to Owner.

E. Provide “as-built” drawings to Owner through Architect.

F. Final SWaM Data sheet must be submitted via DMBE Forms.

G. Provide Final Stormwater Pollution Prevention Plan (SWPPP), if

applicable.

Project Name:Bid Number:

Prime Contractor:Address:

City, State, Zip:Contact Telephone:

Contact Email:Intent to utilize subcontractors YES NO (indicate selection by circling correct option)

City of Virginia Beach - Purchasing DepartmentSWaM-certified Subcontracting Participation Plan

Form CVAB - E2

Total Bid Amount

Total Subcontracting Amount

**Total SWaM-certified Subcontracting Amount

**must be equal to or greater than 50% of total subcontracting amount

*****Participation Plan and/or Good Faith Efforts MUST be submitted with the bid*****

SWaM-certified firmCertification

NumberStatus

(M, S, or W) Scope of Work to be Performed Estimated Dollar Amount

DBE certified

Y/N MBCoord

Approval

Verified

(FO

R O

FFIC

E U

SE O

NLY

)

Authorized Representative (Prime) Print Name

Authorized Representative (Prime) Signature DateTitle

IMPORTANT: THIS PARTICIPATION PLAN MUST BE SUBMITTED WITH YOUR SEALED BID, NO EXCEPTIONS

(FO

R O

FFIC

E U

SE O

NLY

)

By signing below, you attest that the above information is true and accurate to the best of your knowledge, in addition you certify your intent to fully engage each SWaM-certified firm listed.

karansio

Text Box

06/12/2014 Page 1 of 2

Prime Contractor:

Submittal Date:

# Employees % Employees % Managers % Supervisors % Professionals % Non-Professionals

Woman

Minority

Other

Total

Manager:

Supervisor:

Professional:

Non-Professional:

Prime Contractor Workforce Composition Form

Not in one of the above categories.

Requires extensive education in their field (undergraduate degree or higher) or a specialized certification from an accredited agency.

Oversees and guides the work or activities of a group of other employees.

Responsible for directing and controlling the work and staff of a business, or of a department within it.

Descriptions

karansio

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06/12/2014 Page 2 of 2

Form CVAB - E

Project Name:Bid Number:

Prime Contractor:

SWaM-certified firmCertification

NumberStatus

(M, S, or W) Scope of Work PerformedAmount Paid this

month Total Amount Paid (YTD)

Authorized Representative (Prime) Print Name

Authorized Representative (Prime) Signature

Total Bid Amount

Total Subcontracting Amount

**Total SWaM-certified Subcontracting Amount

City of Virginia Beach - Purchasing DepartmentMonthly SWaM-certified Subcontractor Payment Data Sheet

IMPORTANT: THIS PARTICIPATION PLAN MUST BE SUBMITTED MONTHLY DIRECTLY TO THE MINORITY BUSINESS COORDINATOR

By signing below, you attest that the above information is true and accurate to the best of your knowledge, in addition you certify your intent to fully engage each SWaM-certified firm listed.

Title Date

PAYMENT DATA SHEET - CITY FORM E**must be equal to or greater than 50% of total subcontracting amount

Contact Information for SWaM-certified Firm (name and telephone number)

karansio

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06/12/2014 Page 1 of 1

CPE - 1 2/12/2010

City of Virginia Beach – Mandatory Specification Contractor Performance Evaluation

Section I – General Project Information – Must be completed in its entirety.

Name of Firm: Name of Prime: Name of Project Manager: Name of Superintendent(s):

Prime Phone: Project Manager Phone: Superintendent(s) Phone:

Project Manager Department/Title:

Date:

Contract Cost Including Change Order: $ Initial Award: Change Order(s) Amt: Final Contract Amt:

Project Title & Number:

Contract Start/End Dates:

Description of Project: [Design] [Construction] [ Other (specify _____________)]

CPE - 2 2/12/2010

Section II – Project Performance Please rate this contractor’s performance in each of the following areas. If you need additional space, attach additional sheets. If you rate the contractor below “satisfactory” in any area, please provide detailed information to explain the rating assigned. You are not restricted to using the numerical values (points) shown and may scale in between the points shown. 1. Quality of Workmanship/Project Management (0-25 points)

Rate the quality of this contractor’s workmanship. Were there quality-related or workmanship problems? Was the contractor responsive to remedial work required? If so or if not, provide specific examples.

Satisfactory ● ● ● 0 20 25

Score: ______ 2. Scheduling (0-15 points)

Rate this contractor’s performance with regard to adhering to contract schedules. Did this contractor meet the contract schedule or the schedule as revised by approved change orders? If not, was the delay attributable to this contractor? If so, provide specific details/examples.


Score: ______

CPE - 3 2/12/2010

3. Woman and Minority Subcontractor Utilization (0-15 points)

Rate this contractor’s effort and success in utilizing woman and minority subcontractors. Did the contractor submit a credible plan? Did the contractor meet or exceed the plan?


Score: ______

4. Environmental Compliance (0-15 points)

Did the contractor comply with local, state and federal environmental standards, requirements, laws, statutes, regulations or the law of nuisance in the performance of this contract?


Score: ______

CPE - 4 2/12/2010

5. General Performance of On-Site Supervisory Personnel (0-15 points)

Rate the general performance of this contractor’s on-site supervisory personnel. Did they have the knowledge, management skills and experience to run a project of this size and scope? If not, provide specific examples.


Score: ______

6. Subcontractor Management (0-10 points)

Rate this contractor’s ability, effort and success in managing and coordinating subcontractors. Was this contractor able to effectively resolve problems? If not, provide specific examples. NOTE: If no subcontractor(s) were utilized, then score this as N/A.

Satisfactory

● ● ● 0 7 10

Score: ______

7. Safety and Housekeeping Procedures (0-10 points)

Rate this contractor’s safety and housekeeping procedures on this project. Were there any OSHA violations or serious safety accidents or notification of violations? If so, provide specific examples.


Score: ______

CPE - 5 2/12/2010

8. Change Order(s) (0-10 points)

Were the contractor’s change orders reasonable and equitable? Did the contractor attempt to unreasonably claim change orders or extras? If so, provide specific examples. NOTE: If no change orders were made, then score this as N/A.


Score: ______

9. Working Relationships (0-10 points)

Rate this contractor’s working relationships with other parties (i.e., awarding authority, designer, subcontractors, government inspectors, the public, etc.). Did this contractor interact with other parties in a professional manner? If not, give specific examples.

Satisfactory

● ● ● 0 7 10

Score: ______

CPE - 6 2/12/2010

10. Documentation and Submittals (0-10 points)

Rate this contractor’s performance in completing and submitting required documentation (i.e., change orders, electronic submittals, drawings, invoices, payrolls, workforce reports, warranty, final as-builts, etc.). Did the contractor submit the required paperwork promptly and in proper form? If not, give specific examples.


Score: ______

Please add up all points of the 10 evaluated performance areas from the preceding pages and enter the total score below.

Total Score: _____ Possible Max Score:

Satisfactory Score:

__135_(If all areas rated) __

Contractors Score ____________ / ____________ %

___75%

Overview/Explanation of Score:

CPE - 7 2/12/2010

Section III: Legal and Administrative Proceedings Are you aware of any legal or administrative proceedings, invoked bonds, assessed damages, liquidated damages, demands for direct payment, payment bond claims, contract failures, contract terminations or penalties involving this contractor on this contract? What is the status of any pending litigation? What was the final outcome of any completed litigation? What are the dollar amounts of assessed damages or penalties? Comments: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Section IV: Evaluation Certification I certify that the information contained in this evaluation form represents, to the best of my knowledge, a true analysis of this contractor’s performance record on this contract. I also certify that I have no ties with this contractor either through a business or family relationship. I have mailed a copy of this completed evaluation form to the contractor on ______________.

Enter Date

(Public Awarding Authorities must mail a copy of this completed evaluation form to the contractor.) Signatures: ________________________ ________________________________ ____________ SignaturE Name and Title of Inspector Date ________________________ ________________________________ ____________ Signature Name of Project Manager Date ________________________ ________________________________ ____________ Signature Division Manager Date ________________________ ________________________________ ____________ Signature Department Director Date ________________________ ________________________________ ____________ Signature Purchasing Agent or Designee Date

PROJECT MANUAL FOR THE CONSTRUCTION OF CIP … · 1/12/2016 · project. RECEIPT OF BIDS: All bids...

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Transcript of PROJECT MANUAL FOR THE CONSTRUCTION OF CIP … · 1/12/2016 · project. RECEIPT OF BIDS: All bids...