14-UPC 105563 - ITB 1214 - 5 8 2026.pdf

ITB 2014

City of Alexandria, VA

The Seal of the City of Alexandria may not be used on any materials in response to this Invitation/Request without written permission from the Purchasing Agent, or unless the requirements of this Invitation/Request specifically call for the Seal to be incorporated in the response.

Invitation To Bid (ITB) 2014

Beauregard Street Shared Use Path Project

This solicitation requires a Bid Bond and the resulting Contract shall require Performance and Payment

Bonds.

The Bid Opening will be virtual. To attend, visit this website:

ITB 2014 Bid Opening | Join meeting in Teams | Microsoft Teams https://events.gcc.teams.microsoft.com/event/319d67b6-090c-425f-8dbe-10c3b556249c@feaa9b31-4375-

4aee-adcc-c76ad32a890b https://events.gcc.teams.microsoft.com/event/319d67b6-090c-425f-8dbe-10c3b556249c@feaa9b31-4375-4aee-adcc-c76ad32a890b

(703) 746-4946

FINANCE DEPARTMENT

Purchasing Division Suite 301 – Banker’s Square

100 North Pitt Street Alexandria, Virginia 22314

Fax: (703) 838-6493

CONTRACT

FOR

BEAUREGARD STREET SHARED USE PATH PROJECT

This Contract, made this ______ day of ______________ 2026, between City of ALEXANDRIA, a Municipal Corporation of Virginia, (hereinafter called "City"), and

Vendor Name Vendor Address

(hereinafter called "Contractor"), each a “Party,” and jointly referred to as “the Parties”:

WITNESSETH:

WHEREAS, City now wishes to retain the Contractor to provide construction services for Beauregard Street Shared Use Path Project pursuant to Solicitation Number ITB 1214.

NOW, THEREFORE, for and in consideration of the payments set forth in Section 5 below, and the mutual promises contained herein, the Parties agree as follows:

1. CONTRACT DOCUMENTS

The following documents are incorporated herein by reference and are made a part of this Contract:

Exhibit I - Solicitation No., dated Month Day, Year;

Exhibit II - Addendum I to RFP No. 00000, dated Month Day, Year;

Exhibit III - Addendum II to RFP No. 0000, dated Month Day, Year;

Exhibit IV – Contractor’s Best and Final Offer- dated Month Day, Year;

Exhibit VII - Contractor’s Response to Solicitation No., dated Month Day, Year;.

This Contract, with Exhibits I through VII shall constitute the whole and entire agreement between the Parties. Any conflict or inconsistency between the requirements of any Contract Document shall be resolved by giving precedence to any properly executed amendment or Change Order to this Contract (most recent with first priority), then any properly executed Purchase Order (most recent with first priority), and then the Contract Documents in the order in which the Contract Documents are listed above in this section. The Contract may be amended to incorporate additional Contract Documents agreed to and executed by the Parties. Defined terms used in this Contract can be found in Exhibit I, Section 1.3.

The City has established the following contract number, for this procurement, which is_____. Please refer to this contract number in all invoicing and other communications related to this Contract.

2. RELATIONSHIP OF THE PARTIES

A. The Contractor covenants with City to perform the Work required under this Contract to the satisfaction of City, within the care and skill a Contractor would exercise under similar conditions; to cooperate with City, and such other contractors as City may retain; to exercise the Contractor’s skill and judgment in furthering the interests of City; to furnish efficient business administration and supervision; and to perform the Work in an expeditious and economical manner consistent with City’s interests. City agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents.

B. The Contractor shall be responsible for the completeness and accuracy of its Work prepared or compiled in connection with its obligation under this Contract and shall correct, at its expense, all willful or negligent errors, omissions and acts therein which may be discovered. Any damage incurred by City as a result of additional cost caused by such willful or negligent errors, omissions or acts shall be chargeable to the Contractor to the extent that such willful or negligent errors, omissions and acts fall below the standard of care and skill that a registered professional in Alexandria, Virginia would exercise under similar conditions. The fact that City has accepted or approved the Contractor’s work shall in no way relieve the Contractor of any of its responsibilities.

C. The Contractor shall employ a team with the skills necessary, as may be determined by City, to perform the Work as required. The team members shall have the educational and experiential credentials sufficient to ensure acceptable and timely performance of the Work.

D. It is the intent of the Parties that the Contractor shall be legally considered as an independent contractor, that neither it nor its employees shall, under any circumstances, be considered servants or agents of City, and that the City shall not be legally responsible for any negligence or intentional wrongdoing on the part of the Contractor, its servants or agents, resulting in either bodily injury to any person or property damage to any individual, firm, or corporation.

3. SCOPE OF WORK

A. The scope of work shall include, Exhibit I, Part I, Scope of Work; Exhibit II; Exhibit III; and any properly executed Purchase Order(s) issued pursuant to the Contract.

B. The Contractor shall coordinate with City, as necessary, in performance of the services as set forth in the scope of work.

C. The Contractor shall commence Work promptly after receipt of a fully executed Purchase Order.

Receipt of a fully executed Purchase Order shall constitute written notice to proceed.

4. TERM

A. The term of this Contract shall be for a period of 365 calendar days.

5. CONTRACT COSTS

A. City shall pay the Contractor for the Work performed at the fixed price amount of __ as set forth in

Exhibit IV and the Cost Proposal of Exhibit VII.

B. Contract prices provided in the Contract Documents shall be fully burdened and shall not be subject to additional mark-up by the Contractor. City shall pay only for Work performed and shall not pay for time in transit to and from City sites.

6. ADMINISTRATION OF THE CONTRACT

City’s Department of Project Implementation or designated representative(s), shall administer the Contract, including any Purchase Order(s) issued pursuant to the Contract, and will be referred to in the Contract Documents as the “Contracting Officer’s Technical Representative (COTR)". Except for protests, claims, requests for changes, disputes, or requests for price adjustments, the Contractor shall forward all communications to City through the COTR. Notices related to protests, claims, requests for changes, disputes, or requests for price adjustments shall be sent to the Purchasing Agent.

7. SUPERVISION

The Contractor shall supervise the Work, and shall be solely responsible for all means, methods, sequences, and procedures and for coordination of all portions of the Work under this Contract. The Contractor shall be responsible for coordination of all subcontractors. The Contractor shall be responsible for all acts and omissions of its employees, its subcontractors, and its subcontractors’ employees performing any Work pursuant to this Contract. A project manager designated in writing by the Contractor for purposes of each Purchase Order shall attend all project meetings with City’s representative or his or her designee. City reserves the right to request replacement of such project manager, or any personnel who are considered not performing in accordance with the Contract requirements.

8. SUBCONTRACTORS

By an appropriate agreement, the Contractor shall require each subcontractor, with which it executes a subcontract, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all of the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward City.

9. PERSONNEL AUTHORIZED TO REPRESENT THE PARTIES

The individuals named below are designated to assume the administration and coordination of all Contract requirements.

A. For City:

(1) Contracting Officer’s Technical Representative (COTR):

Name:

Phone:

Email:

(2) Contracting Officer: Changes made to this Contract throughout the Contract period must be authorized in writing by City's Purchasing Agent or his or her designee.

Name:

Phone:

B. For the Contractor:

Name:

Phone:

10. ASSURANCES

Each Party to this Contract warrants the following:

A. This Contract constitutes a valid, binding and enforceable agreement of the Party;

B. The execution of this Contract and the performance of its obligations are within the Party's powers;

have been authorized by all necessary actions on behalf of the Party; do not constitute a breach by the Party of any agreement with another party; and will not cause a breach by the Party of any duty arising in law or equity; and

C. The Party possesses the financial capacity to perform all of its obligations under this Contract.

The Parties agree that the failure of any of the above representations and warranties to be true during the term of this Contract shall constitute a material breach of this Contract, and City shall have the right, upon notice to the Contractor, to immediately terminate this Contract. All amounts outstanding hereunder shall be immediately invoiced. Court costs and other costs and expenses, including reasonable attorney's fees, incurred in the collection of any amounts due hereunder may also be recovered by City.

11. SIGNATORIES

The Parties agree that they shall be bound by the contents of this Contract.

Vendor Name

Vendor Address

CITY OF ALEXANDRIA, A MUNICIPAL

CORPORATION OF VIRGINIA

BY: ______________________________ BY: ______________________________

PRINT NAME: _____________________ PRINT NAME: Tony Esse

TITLE: ___________________________ TITLE: Contracting Officer

DATE: ____________________________ DATE: ____________________________

NOTICE

PROPRIETARY/CONFIDENTIAL INFORMATION

Any records submitted to the City of Alexandria, VA (City) are available for inspection and copying upon request by any person or entity pursuant to the Virginia Freedom of Information Act. Any records the vendor believes to be exempt from disclosure must be specifically identified by the vendor on the submitted documents.

The vendor may designate documents as trade secrets or proprietary information exempt from disclosure when submitting documents; however, designating the entire submission, prices, or any portion of the submission that does not contain trade secrets or proprietary information is prohibited by Virginia law.

The vendor agrees to indemnify and hold harmless the City for loss, cost or expense resulting in whole or in part from any such identification or any denial of inspection based thereon.

All bids and proposals shall be made electronically through EUNA. Bids/proposals sent by mail or by hand will not be accepted.

SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

This solicitation/Contract is to furnish and deliver all materials, labor, and equipment necessary to perform the scope of work as defined in Section C of this solicitation for work in the City in accordance with the solicitation/Contract specifications as defined herein.

Complete the bid table in the Requested Information section of the Invitation to Bid. Quantities listed in the bid table are projected estimates and do not constitute a guarantee to purchase. Quantities may increase or decrease as Project dictates. Any increase in quantities shall require a written change order signed by the Contracting Officer.

The unit costs shall include all fully burdened costs associated with the stated item as indicated in the Contract documents, to include all labor, material, equipment, and any associated fees.

Work specified in the Contract will be measured by the COTR in accordance with Virginia Department of Transportation (VDOT), Road and Bridge Specifications, 2020.

Payment for the work item shall be per the unit price shown in the following cost table.

This project is federally funded by the Congestion Mitigation and Air Quality Program (CMAQ) and Regional Surface Transportation Program (RSTP) funds. Therefore, the Contractor is required to provide documentation to follow and meet all federal fund guidelines stated in VDOT’s Locally Administered Projects (LAP) manual.

Maintenance of Traffic – shall be paid at a percentage each invoice throughout the project.

** Mobilization – The bidder’s total mobilization bid shall comply with the requirements of the table below.

• No additional payment will be made for demobilization and remobilization because of shutdowns, suspensions of work, or other mobilization activities. When not shown as a pay item, the cost of mobilization shall be included in the price bid for other appropriate items of work. Exceeding the Total Mobilization Payout Limit shall result in determination of non-responsiveness.

• Payment for Mobilization will be made in two installments. First payment of 50 percent of lump sum will be made following mobilization and initiation of construction work. The second and final payment will be made after 20 percent of Contract work is complete.

Building Permit Requirements

The Contractor is responsible for meeting all City of Alexandria Code Administration requirements for existing permit application BLD2024-00064 for the construction of the retaining walls.

The Contractor is responsible for the construction of the project in accordance with the approved construction documents and the Virginia Construction Code (VCC). In addition, the Contractor is responsible for controlling the quality of construction and for providing the special inspector (SI) and agents safe access to the elements that require inspection or testing. The Contractor shall coordinate construction related activities, including scheduling and timely notification of the need for special inspections and shall cooperate with the project's design professionals, including the SI and agents. The Contractor shall make the site available for inspections as necessary and shall deliver samples for testing when needed. The Contractor shall respond promptly when informed of nonconforming work. The special inspection process does not relieve the Contractor of responsibility for quality control.

The Contractor is responsible for engaging a special inspector to perform special inspections and prepare reports per the City's special inspection guidelines at no cost to the City. The contractor will provide a cover letter stating the special inspector is independent of the contractor and will be responsible for all material testing and all inspections as identified in the statement of special inspections.

Required special inspections and tests will not be measured for separate payment but the cost thereof shall be considered incidental to the pertinent pay items.

Following contract award, the City’s project manager will coordinate a meeting with the City’s Department of Code Administration and the Contractor. This meeting must occur prior to any active construction.

Storm Control Structure Requirements ***

The Contractor is responsible for the final design of outlet structure #13A. Details can be found on sheet C610.

All costs for design and approval are considered incidental to the costs for line item 51 for the Storm Control Structure – CIP 2’x5’.

Dominion Coordination Requirements

The Contractor is responsible for coordinating with Dominion Energy to facilitate the adjustment of existing infrastructure within the project limits.

The Contractor is responsible for ensuring the installation of line items 56, 57, 58, and 59 meet Dominion Energy’s requirements. This effort will support the future installation of pedestrian lights (to be installed by Dominion Energy).

The City will provide contact information and help facilitate, as needed.

Adjacent Construction Coordination Requirements

There is an active construction site at the intersection of N. Beauregard Street and W. Braddock Road. The Contractor is responsible for coordinating with the development work, especially pertaining to the retaining walls that will be built by both projects.

The City will provide contact information and help facilitate, as needed.

Tree Removal Moratorium Requirements

There is a tree removal moratorium due to the Northern Long-eared and Tricolored bat species that impact the project area. Notice to Proceed (NTP) for construction activities will be issued on or after November 16, 2026. The successful bidder will be required to hold their bid from the bid award date to the Notice to Proceed date with no compensation for cost escalation.

The following table provides the page numbers that correspond with each line items measurement and payment section in the project specifications (attachment J-10).

Item Description Section Page

1 MOBILIZATION 16000-2 33

2 MAINTENANCE OF TRAFFIC 18000-1 39

3 CONSTRUCTION ENTRANCE 311000-4 89

4 SITE EARTHWORK 312000-11 101

5 RIP RAP 334200-12 143

6 SITE CLEAR AND GRUB 311000-4 89

7 SUPER SILT FENCE 311000-4 89

8 INLET PROTECTION 311000-4 89

9 TREE PROTECTION 311000-4 89

10 DEMO EXISTING 4' SIDEWALK 24119-5 81

11 DEMO EXISTING CONCRETE PAD 24119-5 81

12 DEMO EXISTING 18" RCP STORM DRAIN PIPE 24119-5 81

13 DEMO EXISTING MODIFIED INLET 24119-5 81

14 TREE REMOVAL 24119-5 81

15 10' PERMEABLE PAVEMENT TRAIL 321313B-4 119

16 TYPE B CLASS 1 STRIPING - SINGLE BROKEN

YELLOW 101400 85

17 TYPE B CLASS 1 STRIPING - SOLID WHITE 4" 101400 85

18 TYPE B CLASS 1 STRIPING - SOLID WHITE 12" 101400 85

19 ASPHALT PAVEMENT 321313B-4 119

20 RETAINING WALL A 321313-13 115

21 TEMPORARY RETAINING WALL A 321313-13 115

22 RETAINING WALL B 321313-13 115

23 RETAINING WALL C 321313-13 115

24 CONCRETE PADS 321313-13 115

25 BENCH (70") 24610-3 75

26 TRASH AND RECYCLE BIN 24610-3 75

27 BIKE RACK, U-SHAPED 24610-3 75

28 FIXIT STATION 24610-3 75

29 WAY FINDING SIGN 101400 85

30 R9-5 SIGN 101400 85

31 R9-6 SIGN 101400 85

32 D11-1 SIGN 101400 85

33 M6-2 SIGN 101400 85

34 WEST END TRANSIT SIGN 101400 85

35 X-1 SIGN 101400 85

36 RELOCATED BUS SIGN 24119-5 81

37 PLANTS - LARGE SHRUBS 329200-8 131

38 PLANTS - SMALL SHRUBS 329200-8 131

39 PLANTS - URBAN TREES 329200-8 131

40 PLANTS - STANDARD TREES 329200-8 131

41 ORNAMENTAL GRASSES 329200-8 131

42 SEEDING 329200-8 131

43 CONVERT TO MANHOLE STRUCTURE 334200-12 143

44 RAISE MANHOLE TOP 334200-12 143

45 6" PERFORATED UNDERDRAIN PIPE (TRAIL) 334200-12 143

46 UNDERDRAIN CLEANOUT 334200-12 143

47 4" PVC UNDERDRAIN (WALL) 334200-12 143

48 CSY-1 YARD INLET 334200-12 143

49 DI-1 STORM GRATE STRUCTURE 334200-12 143

50 CLEAN OUT 334200-12 143

51 STORM CONTROL STRUCTURE - CIP 2' X 5' 334200-12 143

52 8" PVC STORM PIPE 334200-12 143

53 15" RCP STORM PIPE 334200-12 143

54 18" RCP STORM PIPE 334200-12 143

55 CONNECT STORM TO EXISTING MANHOLE 334200-12 143

56 CONCRETE BASE FOR STREET LIGHTS 321313-13 115

57 2" PVC CONDUIT - TRENCHED 24610-3 75

58 2" PVC CONDUIT - DIRECTION DRILL 24610-3 75

59 SPLICE BOX 24610-3 75

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 INTRODUCTION

The City of Alexandria, Virginia is an urban community of 15.75 square miles with a population of approximately 159,647. With its stable residential neighborhoods, its historic districts, and its proximity to Washington, D.C., the City continues to attract new residents, tourists, and businesses.

C-2 GENERAL OVERVIEW

The City has issued the ITB to obtain Bids from qualified Bidders and enter a Contract for the provision of construction services for trail improvements along North Beauregard Street between Fillmore Avenue and Berkeley Street for the City’s Department of Transportation and Environmental Services. The successful Bidder shall provide all goods, services, labor, supervision, and required bonds and insurance necessary to complete the construction work as shown on the construction plans and technical specifications provided. Contract services shall be performed in accordance with the Project Plans, VDOT’s 2020 Road and Bridge Specifications, City of Alexandria’s Specifications, and Special Provision to both VDOT’S and City’s Specifications; general clauses, terms and conditions outlined herein; all applicable code and regulatory permits: all applicable City of Alexandria (City) permits and permit conditions: and all specifications incorporated by reference. The construction plans and technical specifications are included as separate PDF downloads with the ITB. The City is not responsible for providing staging, laydown and / or storage area(s).

C-3 SCOPE OF WORK

The City of Alexandria is modifying the existing concrete sidewalk along the south side of North Beauregard Street between Fillmore Avenue and Berkeley Street to improve pedestrian and cyclist safety. This project will involve a permeable pavement trail, storm sewer, and retaining walls. Also included is infrastructure installation for pedestrian lighting adjacent to the trail.

This project is funded by the Virginia Department of Transportation’s (VDOT) Regional Surface Transportation Program (RSTP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) and, therefore, must comply with all applicable federal and state laws and requirements.

SECTION D: BIDDER QUALIFICATIONS

D-1 Only VDOT Pre-Qualified Contractors are eligible to submit a Bid. The Pre-Qualified Contractors list can be found using the following link:

https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/business-opportunities/highway-contractors/Prequalified-List_acc.pdf

SECTION E: INSPECTION AND ACCEPTANCE

E-1 INSPECTION BY CITY

Inspection and acceptance of the equipment/services to be furnished hereunder shall be made by the COTR. Periodic and daily site visits may be made by the City. Until deliverance and acceptance, and https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/business-opportunities/highway-contractors/Prequalified-List_acc.pdf https://www.vdot.virginia.gov/media/vdotvirginiagov/doing-business/business-opportunities/highway-contractors/Prequalified-List_acc.pdf after any rejection, risk of loss will be on the Contractor unless loss results from negligence of City. The City reserves the right to perform periodic spot inspections of equipment during Contract term.

E-2 INSPECTION BY CONTRACTOR

Contractor shall assume all responsibility for guaranteeing the quality of all components and equipment supplies.

A. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work called for by this Contract conforms to Contract specifications. The Contractor shall maintain complete inspection records and make them available to the City. All work shall be conducted under the general direction of the COTR and is subject to City inspections and tests, at all places and at all reasonable times before acceptance, to ensure strict compliance with the terms of the Contract.

B. Independent Testing and Inspection Firm. The Contractor must hire a firm, at no additional cost to the City, to provide testing and inspection services for all aspects of the project. This firm must be independent of production Work and not associated with the Contractor, subcontractors, and manufacturers. This firm must be duly qualified to provide Work in accordance with Commonwealth of Virginia, City of Alexandria, or other official organizations as required by the Contract Documents.

All tests and inspections shall be certified by a Commonwealth of Virginia Professional Engineer (PE) employed by the firm.

C. The Special Inspector must meet the City’s Department of Code Administration Special Inspection requirements. The Special Inspector (TSI) shall demonstrate the knowledge, skills, and ability to perform inspections in installation of retaining walls. Not only must they demonstrate a technical knowledge of the code and trade they inspect, but they must also demonstrate that they have applicable knowledge of the City’s policy and other applicable City regulations and procedures identified at the following link:

https://media.alexandriava.gov/docs-archives/code/info/special-inspections-guidelines-and-procedures-revision-december-2017.pdf

D. City inspections and tests are for the sole benefit of the City and do not:

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the City after acceptance of the completed work.

E. The presence or absence of a City Inspector does not relieve the Contractor from any Contract requirement, nor is the Inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

F. The Contractor shall, without charge, replace or correct work found by the City not to conform to the

Contract requirements unless, in the public interest, the City consents to accept the work with an https://media.alexandriava.gov/docs-archives/code/info/special-inspections-guidelines-and-procedures-revision-december-2017.pdf https://media.alexandriava.gov/docs-archives/code/info/special-inspections-guidelines-and-procedures-revision-december-2017.pdf appropriate adjustment in Contract price. The Contractor shall segregate and promptly remove rejected material from the premises.

G. If the Contractor does not replace or correct rejected work promptly, the City may, by Contract or otherwise, replace or correct the work and charge the cost to the Contractor; or Terminate for Default the Contractor's right to proceed.

H. If, before acceptance of the entire work, the City decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall furnish promptly all necessary facilities, labor and material. If the work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or subcontractors, the Contractor shall defray the expenses of the examination and satisfactory reconstruction. However, if the work is found to meet Contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if the completion of the work was thereby delayed, an extension of time.

I. Unless otherwise specified in the Contract, the City shall accept, as promptly as practicable after completion and inspection, all work required by the Contract or that portion of the work the COTR determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the City's rights under any warranty or guarantee.

E-3 CLAIMS FOR DAMAGES

A. The risk of loss will be on the Contractor until completion and acceptance and after any rejection, unless loss results from negligence of City.

B. Should a party to this Contract suffer injury or damage to person or property because of any act or omission of Contractor or any of their employees, subcontractors, agents or others for whose acts the Contractor is legally liable, a claim for damages shall be made in writing within a reasonable time after the first observance of such injury or damage. The liability for such actions is borne by the Contractor.

C. Should damage to person or property result from an act of omission; accident; or third party, the

Contractor shall promptly notify the City of the incident; and pursue a claim for compensation against the appropriate insurance of third party or Contractor. This does not include damages related to force majeure.

SECTION F: DELIVERY OR PERFORMANCE

F-1 PLACE OF DELIVERY

Services shall be performed in accordance with all requirements contained herein, and per all specifications incorporated by reference and specified in solicitation/Contract. Additional locations may be identified and authorized by purchase order change order signed by the Contracting Officer during the Contract term. Delivery of all labor, equipment, and materials shall be at the destination/area as specified by the City.

F-2 MONTHLY ESTIMATES

It shall be the Contractor's responsibility to prepare the monthly construction estimate. The estimate will be authorized by the Inspector and then submitted to the COTR for approval prior to submission for payment. No estimate in the amount of $1,500.00 or less will be accepted until final payment is requested.

F-3 PERIOD OF PERFORMANCE

The Contractor must achieve Substantial Completion within three hundred and sixty-five (365) Calendar Days after receiving the Notice-to-Proceed including the manufacturing and delivery of all project components. All testing and acceptance by the City must be achieved prior to substantial completion.

The contractor must provide a high-level construction schedule with the response to this ITB. Failure on the part of the Contractor to complete the Work within the stated timeframe may result in liquidated damages. The amount of Liquidated Damages will conform to VDOT’s Schedule of Liquidated Damages per 2020 VDOT Road and Bridge Specifications book, section 108.06(b) (page 116, or page 144 in PDF Standard working hours:

Monday through Friday. 9:00 am to 3:30 pm Saturdays 9 am to 6 pm No work allowed on Sundays.

Construction Work Hours will be determined once the permit is provided.

F-4 SCHEDULE OF VALUES

Within fourteen (14) Calendar Days after the Notice-to-Proceed, and in any event, prior to the first application for partial payment, the Contractor shall submit to the COTR a proposed Schedule of Values setting forth a reasonable allocation of the Contract Sum to the various elements of the Work. The Schedule of Values, once accepted by the City, may be used for checking the Contractor’s applications for partial payments hereunder.

SECTION G: CONTRACT ADMINISTRATION DATA

G-1 DEFINITIONS

Wherever the words defined in this section or pronouns used in their stead occur in the solicitation, specifications, Contract or bond, shall have the meanings here given.

A. Acceptance means, in terms of goods, the COTR’s approval of the Contractor’s invoice for such goods after a reasonable opportunity to inspect and, in terms of services, the COTR’s approval of the Contractor’s invoice for such services.

B. Architect means an individual licensed, or an organization legally authorized, to practice architecture in the Commonwealth of Virginia, or the authorized representative of the licensed individual or organization.

C. Bid means a Bidder’s offer to provide specific goods and/or services at specified prices and per the conditions set forth in the ITB.

D. Bidder means any person who submits a Bid in response to the ITB offering to enter into a Contract with the City.

E. Business Day means any day other than a Saturday, Sunday, City holiday, or other day on which the

City is closed.

F. Calendar Day means any day in a year, from midnight to midnight, including weekends and holidays.

G. Change Order means a written order to the Contractor, signed by the City, which authorizes a change in the Work, an adjustment to the Contract Sum, and/or an adjustment to the Contract Period.

H. Contract means a mutually binding and legally enforceable agreement executed between the City and a Contractor after an award pursuant to the ITB that obligates the Contractor to furnish construction to or on behalf of the City and the City to pay for the construction. The Contract shall consist of, but is not limited to, the following:

1. The ITB;

2. All addenda issued related to the ITB;

3. The Bidder’s signed Bid and all other documents submitted by the Bidder to the City in response to the ITB;

4. The Notice of Award issued for the ITB;

5. The Notice to Proceed;

6. These Construction Terms and Conditions;

7. The Schedule(s);

8. All testing documentation;

9. The Task Order(s), if applicable, issued for the ITB;

10. If applicable, the Bidder’s signed response to the Task Order and all other documents submitted by the Bidder to the City in response to the Task Order issued for the ITB;

11. The Purchase Order(s) issued for the ITB;

12. Any related Agreements (e.g. Warranty, Support and Maintenance Agreements); and

13. All Change Orders and Contract Modifications issued pursuant to the Contract.

I. Contractor means the individual, firm or organization which contracts with the City to perform the Work. As employed herein, the term "Contractor" may refer to an individual, an organization, or to the Contractor's authorized representative.

J. Contract Period means the period allotted in the Contract Documents for Substantial Completion of the Work, together with any Time Extensions granted in accordance with the terms of this Contract.

K. Contract Sum means the total amount payable to the Contractor for performance of the Work. The

Contract Sum is stated in the Contract and shall include any adjustments granted by Change Order.

L. Contracting Officer means duly authorized agent for the City acting solely in their respective capacity.

M. Contracting Officer’s Representative (COR) means the Contracting Officer's duly authorized agent acting solely in their respective capacity. The COTR is responsible for administering the awarded Contract in response to this solicitation; however, no authority to modify any provisions of this Contract is authorized.

N. Contracting Officer’s Technical Representative (COTR) means the Contracting Officer’s

Representative’s duly authorized agent acting solely in their respective capacity. The COTR is responsible for technical assistance in administering the Contract; however, no authority to modify any provisions of this Contract is authorized. The COTR may designate one or more additional representatives to assist with contract administration.

O. Final Completion means the certification by the Architect that all work has been accepted and is complete in accordance with the Contract Documents. Unless otherwise agreed, Final Completion shall occur within thirty (30) calendar days of the date of Substantial Completion.

P. Final Payment means the payment of the balance of the Contract Sum, following the Acceptance of all goods and/or services delivered pursuant to the Contract.

Q. Liquidated Damages means a specific sum to be paid for each day that the time consumed in substantially completing the work exceeds the contract period.

R. Notice to Proceed means a written notice from the City to the Contractor directing the Contractor to proceed with the Work.

S. Purchasing Agent means the City’s principal public purchasing official responsible for the purchase of all goods, services, insurance, and construction needed by the City.

T. Specifications means an explicit set of requirements to be satisfied by construction, a material, product, or service as contained in the Invitation to Bid.

U. Subcontractor means any individual, firm or organization, other than an employee of the Contractor, who contracts with the Contractor to furnish or who actually furnishes labor, materials, services or equipment, or any combination thereof to the Contractor in connection with the Work.

V. Substantial Completion means certification by the Architect that the Work has been sufficiently completed, in accordance with the Contract Documents, to allow the Work to be utilized for the purpose for which it was intended.

W. Time Extension means a written Notice, signed by the Purchasing Agent, extending the Contract

Period.

X. Work means the construction required under the Contract.

G-2 APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) and

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The following individual is appointed as the authorized COR:

Daphne Kott, PE, Interim Director Division of Project Implementation 2331 Mill Road, Suite 302 Alexandria, VA 22314 Telephone: (703) 746-4055 Email: daphne.kott@alexandriava.gov

The following individual is appointed as the authorized COTR:

David Le, PE, Project Manager

2331 Mill Road, Suite 302 Alexandria, VA 22314 Telephone: (703) 746-4058 Email: david.le@alexandriava.gov

The COR/COTR is responsible for administering any orders placed hereunder. No authority to modify any provisions of this Contract is granted.

Any deviation from the terms of the Contract must be submitted for contractual action to the following Contracting Officer:

Tony Esse, PE, Contracting Officer

2331 Mill Road, Suite 302 Alexandria, VA 22314 Telephone: (703) 746-4699 Email: tony.esse@alexandriava.gov

The Contractor shall contact the COTR to coordinate placement of contracted items/work.

G-3 PAYMENT TO CONTRACTOR-INVOICING

The Contractor shall submit an original and one copy of invoices upon completion to the COTR stated above. Partial payment of work under this Contract shall be made in accordance with Section G-4. All invoices shall contain the following information:

A. Name of Contractor B. Contract Number C. Purchase Order Number D. Project Number, if applicable E. Description of Work mailto:daphne.kott@alexandriava.gov mailto:david.le@alexandriava.gov mailto:tony.esse@alexandriava.gov

F. Contract Item Numbers G. Date of Performance, and H. Invoice Date

Invoices must contain all required information as listed above. Any time frames governing payment under this Contract shall be null and void if invoices are not complete. Any invoices not referencing the Contract number shall be returned for completion and resubmission. Additionally, all invoices shall contain the following statement:

CERTIFIED JUST AND CORRECT

PAYMENT NOT RECEIVED

Signature Date

The statement shall be signed by the Contractor's authorized representative.

G-4 PAYMENT TO CONTRACTOR-PAYMENTS

A. Partial Payments: Monthly Payments: On or about the first (1st) of each month, the Contractor shall make and certify an estimate of the amount and fair value of the Work performed and may apply for partial payment. Thereafter, the COTR may, in their discretion, revise the estimate to show the actual value of Work completed in accordance with their observation of the Work. The Contractor agrees to be bound by the City Representative’s revisions to its applications for partial payment. Whenever the monthly estimate, after approval by the City Representative, shows that the value of the Work completed during the previous month exceeds one thousand dollars ($1,000.00), the COTR will issue a Certificate of Payment for such Work. Such Certificate will authorize payment by the City in an amount equal to the value of the Work completed less any sums retained or deducted by the City under the terms of the Contract Documents. In accordance with Section 3-3-56 of the Code of the City of Alexandria, within forty-five (45) Calendar Days after receipt of each Certificate of Payment, the City shall pay the Contractor in accordance with the applicable Certificate and the Contract Documents.

Within thirty (30) Calendar Days of the submission of the application for partial payment, the City will notify the Contractor of any defects or improprieties that would prevent payment by the scheduled payment date;

B. City’s Right to Withhold Payment: The City may withhold payment to such extent as may be necessary to protect the City due to loss because of:

1. Defective Work not remedied;

2. Third party claims filed or reasonable evidence indicating probable filing of such claims;

3. Failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;

4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract

Sum;

5. Damage to the City or another contractor;

6. Reasonable evidence that the Work will not be completed within the Contract Period;

7. Persistent failure to carry out the Work in accordance with the Contract Documents; or

8. Liability, damage, or loss due to injury to persons or damages to the Work or property of other contractors, subcontractors or others, caused by the act or neglect of the Contractor of any of its Subcontractors.

9. Unsatisfactory or incomplete work, failure to provide proper documentation (example: Buy America), and failure to provide required submittals and schedule, if any.

C. Application of Withheld Funds: The City shall have the right, as an authorized representative for the

Contractor and without the Surety’s consent, to apply any such amounts so withheld in such manner as the City may deem proper to satisfy such claims or to secure such protection. The application of these amounts shall be deemed payments for the account of the Contractor and shall reduce the City’s obligation to the Contractor accordingly.

D. Limitation on Payments: Unless otherwise provided herein, no partial payment will be made for any materials or equipment supplied hereunder before they are (i) incorporated in the Work in a permanent manner required by the Contract Documents, (ii) properly stored at the site of the Project, or (iii) properly stored in a bonded warehouse to the satisfaction of the City.

E. Payments for Materials Stored on Site: The cost of equipment and non-perishables delivered and stored at the site of the Project and tested for adequacy may be included in the Contractor’s application for partial payment, provided, however, that the Contractor shall furnish written evidence satisfactory to the City that the Contractor is the owner of such materials or equipment at the time of payment therefore by the City and that such equipment is being stored and maintained in accordance with the Contract Documents and the manufacturer’s recommendations. The amount to be paid by the City for such equipment and non-perishables will be ninety percent (90%) of the invoice cost to the Contractor as supported by receipted bills. Such payment shall not relieve the Contractor of full responsibility for completion of the Work and for protection of materials and equipment until incorporated in the Work in a permanent manner as required by the Contract Documents.

F. Conditions Precedent to Partial Payments: Before any payment will be made under this Contract, the

Contractor and every Subcontractor, if required, shall deliver to the COTR a written, verified statement, in satisfactory form, showing in detail all amounts then due and unpaid by the Contractor to all laborers, workers, and mechanics, employed under the Contract for the performance of the Work at the site of the Project, for daily or weekly wages, or to other persons for materials, equipment, or for supplies delivered at the site of the Project during the period covered by the payment request.

G. Conditions Precedent to Final Payment: Final payment shall not become due until the Contractor submits to the COTR (i) an affidavit that payrolls, bills for materials and equipment, and all other indebtedness in connection with the Work for which the City might be responsible have been paid or otherwise satisfied; (ii) a certificate evidencing that insurance required by the Contract Documents to remain in force following final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days’ prior written notice has been provided to the City; (iii) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents; (iv) consent of the Surety to final payment; (v) a written statement of all claims expressly reserved by the Contractor; (vi) if required by the City, other data establishing the payment or satisfaction of obligations (such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract) and such guaranties and indemnities all in such form and detail as may be required by the City; and (vii) all as-built drawings, copies of warranty documents and equipment manuals. If a Subcontractor refuses to furnish a release or waiver required by the City, the Contractor may furnish a bond satisfactory to the City, in its sole and absolute discretion, sufficient to indemnify the City against any claim or lien. If any such claim remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such claim, including all costs associated therewith, including reasonable attorneys’ fees.

H. Delay in Final Completion: If, after the Date of Substantial Completion, Final Completion of the Work is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting the Date of Final Completion, the City shall, upon application by the Contractor and certification by the COTR, and without terminating the Contract, make payment of the balance due, less one hundred fifty percent (150%) of the estimated cost of any remaining Work. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

I. Waiver of Claims: The Contractor’s acceptance of Final Payment constitutes a waiver and release of all claims not expressly reserved in writing by the Contractor.

J. Retainage: The withholding of retainage is not allowed on federal or state funded projects except under very specific circumstances. Retainage will be allowed if the contractor's progress or performance has been identified as unsatisfactory as described in VDOT's Specifications or the LPA contract. This is considered to be withholding retainage for cause. When it has been determined that the contractor's progress or performance is satisfactory once again, any previously withheld retainage will be released. The withholding of retainage without cause is strictly prohibited unless a process for incremental acceptances is identified in the ITB as set forth in 49 CFR 26.29(b)(3).

G-5 CHANGES IN THE WORK

A. Change Orders: The City may order changes in the Work consisting of additions, deletions, or modifications, the Contract Sum and the Contract Period being adjusted accordingly. Such changes in the Work shall be authorized only by written Change Order signed by the Contracting Officer. The Contract Sum and the Contract Period shall be changed only by Change Order signed by the Contracting Officer.

B. Change Order Overhead and Profit: The percentages for overhead, profit and commission to be allowed for net increases in the Contractor's cost caused by Change Order work shall in no case be allowed to exceed the following:

Overhead Profit Commission

To the Contractor for Work performed by its own forces 10% Plus 5% --

To Contractor for Work Performed by other than its own forces -- -- 10%

To the Subcontractor for Work Performed by other than its Own forces -- Plus 5% --

C. Itemization: In submitting its Change Order proposal, the Contractor shall provide a complete cost breakdown that lists and substantiates each item of Work and each item of cost.

G-6 SUBSTANTIAL COMPLETION

https://www.ecfr.gov/current/title-49/subtitle-A/part-26/subpart-B/section-26.29

A. When the Contractor considers that the Work, or such portion thereof which the City agrees, in writing, to accept separately, is substantially complete, the Contractor shall give the COTR written notice of such fact, together with a list of any items acknowledged to be incomplete or not in accordance with the Contract Documents. The Contractor shall also give notice to Code Enforcement and obtain any necessary inspections and correct any deficiencies as a condition for Substantial Completion.

B. Upon receipt of the Contractor’s notice, the City will make an inspection to determine whether the

Work or such designated portion thereof, is substantially complete. If the City’s inspection discloses any items, whether or not included on the Contractor’s list, which are incomplete and not in accordance with the requirements of the Contract Documents, and which prevent Substantial Completion, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such items upon notification by the City. The Contractor shall then submit a request for another inspection by the City to determine Substantial Completion. At the time of the issuance of the Certificate of Substantial Completion, the City shall provide the Contractor a comprehensive punch list of items to be completed and/or corrected. The Contractor shall proceed promptly to complete and correct items on the punch list. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.

C. When the Work, or such designated portion thereof, is substantially complete, the City shall prepare and issue a Certificate of Substantial Completion (in the form of AIA Document G704) which shall establish the date of Substantial Completion, the applicable responsibilities of the City and the Contractor for security, maintenance, utilities, damage to the Work, insurance, etc. and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City and to the Contractor for their written acceptance of responsibilities assigned to each of them therein.

D. Upon Substantial Completion of the Work, or such designated portion thereof, and upon application by the Contractor and issuance of a Certificate of Substantial Completion, the City shall make payment, for such Work or such portion thereof as provided in the Contract Documents.

G-7 FINAL COMPLETION AND PAYMENT

Upon written notification by the Contractor that the Work is finally complete, and upon the Contractor’s submission of a final application for payment, the City will conduct a final inspection of the Work.