250045_WQIF_SPEC_IFB.pdf
PDF 12 MB Posted
- Attached to
- WQIF Constructed Wetlands BMP
- Solicitation number
- IFB-128812
- Issued by
- York County, Virginia
About this file
This is an Invitation for Bid (IFB) specification document issued by the City of Waynesboro, Virginia for the construction of the WQIF Constructed Wetlands Best Management Practice (BMP), Commission Number 250045, with engineering services provided by Wiley|Wilson. The project consists of constructing a new constructed wetlands best management practice and extended detention pond at Ridgeview Park in Waynesboro, Virginia. The specification document includes the complete bidding requirements and contract documents necessary for competitive sealed bidding, encompassing general conditions, supplementary conditions, and detailed technical specifications across multiple divisions including site clearing, earthwork, concrete, drainage piping, soil preparation, erosion and sediment control, and plant installation. The document establishes the required bid form format, bid attachments including contractor qualifications, performance bonds, payment bonds, and evidence of state licensing authority. The IFB specifies that bids will remain open for acceptance for 60 days following bid opening, with a lump sum pricing structure requiring bidders to propose a single fixed price for all work. The contract timeframe is established through the Notice to Proceed, which commences the contract times on a date to be determined by the Owner, with substantial completion and final payment readiness dates to be calculated from that commencement date as specified in the final agreement.
The bidding documents require submission of performance and payment bonds, contractor's license verification, and evidence of authority to conduct business in Virginia. All bidders must certify that they have conducted site visits and thoroughly examined existing reports including geotechnical data, and acknowledge that their bid prices are based on complete understanding of project conditions and requirements. The document establishes standard EJCDC contract terms and conditions governing contractor responsibilities for quality, safety, progress documentation, waste management, and closeout procedures. Payment procedures follow standard Application for Payment protocols with retainage provisions, and liquidated damages provisions are incorporated for schedule delays. The project contact is Gus Hollberg, PE, at 434.455.3207 or ghollberg@wileywilson.com, and the Owner's mailing address is listed as 503 West Main Street, Waynesboro, VA 22980, with administrative offices at 548 Rosser Ave., Waynesboro, VA 22980.
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CITY OF WAYNESBORO
WQIF CONSTRUCTED WETLANDS BMP
SPECIFICATIONS
ISSUE FOR BID
COMMISSION # 250045
OCTOBER 1, 2026
CONTACT:
GUS HOLLBERG, PE
434.455.3207 ghollberg@wileywilson.com
WILEY|WILSON CITY OF WAYNESBORO
COMM. NO. 250045
TABLE OF CONTENTS
Division Section Title Pages
FRONT END DOCUMENTS
IFB INVITATION FOR BID
C-410 BID FORM
C-510 NOTICE OF AWARD
C-550 NOTICE TO PROCEED
C-610 PERFORMANCE BOND
C-615 PAYMENT BOND
C-620 APPLICATION FOR PAYMENT
C-625 CERTIFICATE OF SUBSTANTIAL COMPLETION
C-626 NOTICE OF ACCEPTABILITY
C-700 STANDARD GENERAL CONDITIONS
C-800 SUPPLEMENTARY CONDITIONS
C-940 WORK CHANGE DIRECTIVE
C-941 CHANGE ORDER
C-942 FIELD ORDER
DIVISION 01 – GENERAL REQUIREMENTS
011000 ....... SUMMARY
012500 ....... SUBSTITUTION PROCEDURES
012600 ....... CONTRACT MODIFICATION PROCEDURES
012900 ....... PAYMENT PROCEDURES
013100 ....... PROJECT MANAGEMENT AND COORDINATION
013100b ..... RFI FORM
013200 ....... CONSTRUCTION PROGRESS DOCUMENTATION
013300 ....... SUBMITTAL PROCEDURES
014000 ....... QUALITY REQUIREMENTS
014200 ....... REFERENCES
015000 ....... TEMPORARY FACILITIES AND CONTROLS
015639 ....... TEMPORARY TREE AND PLANT PROTECTION
016000 ....... PRODUCT REQUIREMENTS
017300 ....... EXECUTION
017419 ....... CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
017700 ....... CLOSEOUT PROCEDURES
017839 ....... PROJECT RECORD DOCUMENTS
DIVISION 03 - CONCRETE
0333000 ..... CAST-IN-PLACE CONCRETE
DIVISION 31 - EARTHWORK
311000 ....... SITE CLEARING
312000 ....... EARTH MOVING
attached separately
WILEY|WILSON CITY OF WAYNESBORO
COMM. NO. 250045
END OF TABLE OF CONTENTS
312319 ....... DEWATERING
DIVISION 32 - EXTERIOR IMPROVEMENTS
329200 ....... DEWATERING
329113 ....... SOIL PREPARATION
329200 ....... TURF AND GRASSES
329202 ....... EROSION AND SEDIMENT CONTROL
329300 ....... PLANTS
DIVISION 33 - UTILITIES
334100 ....... STORM UTILITY DRAINAGE PIPING
APPENDIX
A Geotechnical Report, Rev02
EJCDC® C-410, Bid Form for Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.
BID FORM FOR CONSTRUCTION CONTRACT
Prepared By
Endorsed By
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Copyright© 2018
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882 www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474 www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723 www.asce.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.
NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Guidelines Page 1 of 3
GUIDELINES FOR USE OF EJCDC® C-410,
BID FORM FOR CONSTRUCTION CONTRACT
1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT
EJCDC® C-410, Bid Form for Construction Contract, is used to prepare the Bid Form for a specific project
(contract). The Bid Form assumes a competitive bidding process and the use of a Project Manual that contains the following documentary information for a construction project:
� Bidding Requirements which include the Advertisement or invitation to bid, the Instructions to
Bidders, the Bid Form, and Bid Form attachments (if any) such as a Bid Bond Form and
Qualifications Statement; and
� Contract Documents, which include the Agreement, Performance Bond and Payment Bond, the
General Conditions, the Supplementary Conditions, the Drawings, and the Specifications. Note also that the Supplementary Conditions and other Contract Documents, and the Instructions to
Bidders, may refer to other documents that are provided to or made available to Bidders for reference purposes, but which are not Contract Documents.
The terms �Bidding Documents,� �Bidding Requirements,� and �Contract Documents� are defined in
Article 1 of the General Conditions. Bidding Requirements and the Contract Documents together are referred to as the Bidding Documents.
The Bidding Requirements are not Contract Documents. Much of their substance pertains to the relationships prior to the award of the Contract, and has little effect or impact thereafter. Contracts may even be awarded without going through a bidding process, and thus have no Bidding Requirements. For this reason, the Contract Documents are written to function without including the Bidding Requirements.
The Bid Form itself ordinarily should not be included as one of the Contract Documents. In most cases the pricing information contained in the Bid Form is transferred into the Agreement. However, there are situations where, to avoid errors incident to rekeying, it may prove wise to attach the Bid Form (or a reproduced copy of it) as an exhibit to the Agreement. The likelihood of such errors increases with many unit-price bid items. The Bid Form should not contain basic contractual provisions since it is only an offer to perform the Work as required by and in accordance with the Contract Documents. The Bid Form must be included in the list of Contract Documents in the Agreement when the Bid Form is incorporated into the Contract.
Likewise, as noted in the Notes to User in this document, changes in the Bidder�s representations and certifications in this document should be coordinated with the Contractor�s representations and certifications in the Agreement.
2.0 OTHER DOCUMENTS
EJCDC documents are intended to be used as a system and changes in one EJCDC document may require a corresponding change in other documents. Other EJCDC documents may also serve as a reference to provide insight or guidance for the preparation of this document.
Suggested standard provisions in the Bid Form are accompanied by Notes to User and bracketed notes and prompts that are provided to assist in preparing the Bid Form prior to distribution to prospective
Bidders. These provisions have been coordinated with the other forms produced by EJCDC.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Guidelines Page 2 of 3
While preparing this document for use on a specific project, the user may decide to revise or supplement some of the standard provisions. When such changes are made, the user should review whether corresponding changes are needed in the following related EJCDC documents:
EJCDC
Doc. No.
Document Title Edition
C-111 Advertisement for Bids for Construction Contract 2018
C-200 Instructions to Bidders for Construction Contract 2018
C-451 Qualifications Statement 2018
C-520 Agreement between Owner and Contractor for Construction Contract (Stipulated Sum) 2018
C-525 Agreement between Owner and Contractor for Construction Contract (Cost-Plus-Fee) 2018
Other documents that provide additional information or guidance for the use of this document include the following:
EJCDC
Doc. No.
Document Title Edition
C-001 Commentary on the 2018 EJCDC Construction Documents 2018
C-430 Bid Bond (Penal Sum Form) 2018
C-435 Bid Bond (Damages Form) 2018
C-700 Standard General Conditions of the Construction Contract 2018
C-800 Supplementary Conditions of the Construction Contract 2018
3.0 ORGANIZATION OF INFORMATION
All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in
EJCDC® N-122/AIA® A521, Uniform Location of Subject Matter (2012 Edition) when preparing documents.
EJCDC® N-122/AIA® A521 is available at no charge from the EJCDC website, www.ejcdc.org, and from the websites of EJCDC�s sponsoring organizations.
If CSI MasterFormat� is used for organizing the Project Manual, consult CSI MasterFormat� for the appropriate document number (e.g., under 00 11 00, Advertisements and Invitations), and accordingly number the document and its pages.
4.0 GUIDANCE NOTES AND NOTES TO USER
EJCDC Documents include Guidance Notes and Notes to User to provide guidance regarding the preparation of Project specific documents. These notes are intended for use by the User in the preparation of the document and are not intended to be included in the completed document. Guidance Notes and
Notes to User are lightly shaded to distinguish them from the proposed text of the Bid Form. As a project-specific Bid Form is prepared and made ready for issuance to bidders, all shaded text (Guidance Notes and
Notes to Users) should be deleted.
Guidance Notes provide information regarding the paragraphs which follow, including reasons for the article, discussions of best practices, and alternate approaches for different situations.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Guidelines Page 3 of 3
Notes to User provide specific information for editing the document. When alternate paragraphs for different situation are presented, explanations on how to select the most appropriate alternate will be provided, with direction to delete those paragraphs not used.
5.0 EDITING THIS DOCUMENT
5.1 It is intended that this document be edited for each Contract. Guidelines for editing include:
A. Remove the cover pages which consist of the title pages and these Guidelines for Use.
B. Type in required information as indicated by brackets ([ ]). Bracketed text will usually provide instructions for what is to be inserted in place of the brackets. Delete brackets and change formatting to match existing text after project specific text has been added, e.g. change
�[Project Name]� to �Peach Street Renovation� (without brackets or bold, or quotation marks).
C. Fill in blanks, if any. It will be more common for information to be inserted by user to be indicated by a prompt in brackets, as described in Paragraph B above, rather than by an underline-style blank.
D. Most Notes to User are presented before the text to which they apply; some Notes to Users are interspersed in the text, usually within brackets. Delete all �Notes to User� after reviewing each note and taking appropriate action. Delete all associated numbering and brackets.
E. Complete tables.
F. Delete Guidance Notes.
6.0 LICENSE AGREEMENT
This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC®
Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC�s sponsoring organizations.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
BID FORM FOR CONSTRUCTION CONTRACT
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 1�OWNER AND BIDDER
1.01 This Bid is submitted to: The City of Waynesboro, Virginia
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2�ATTACHMENTS TO THIS BID
2.01 The following documents are submitted with and made a condition of this Bid:
A. Required Bid security;
B. List of Proposed Subcontractors;
C. List of Proposed Suppliers;
D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;
E. Contractor�s license number as evidence of Bidder�s State Contractor�s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;
F. Required Bidder Qualification Statement with supporting data; and
G. [List other documents and edit above as pertinent].
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
ARTICLE 3�BASIS OF BID�LUMP SUM BID AND UNIT PRICES
3.01 Lump Sum Bids
A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum price:
1. Lump Sum Price (Single Lump Sum)
ARTICLE 4�TIME OF COMPLETION
4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.
4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 5�BIDDER�S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF
ADDENDA
5.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.
5.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date
ARTICLE 6�BIDDER�S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder�s Representations
A. In submitting this Bid, Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and
(c) Bidder�s (Contractor�s) safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract.
8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.
6.02 Bidder�s Certifications
A. The Bidder certifies the following:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:
a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.
b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.
c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.
d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
BIDDER hereby submits this Bid as set forth above:
Bidder:
(typed or printed name of organization)
By:
(individual�s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attest:
(individual�s signature)
Name:
(typed or printed)
Title:
(typed or printed)
Date:
(typed or printed)
Address for giving notices:
Bidder�s Contact:
Name:
(typed or printed)
Title:
(typed or printed)
Phone:
Email:
Address:
Bidder�s Contractor License No.: (if applicable)
EJCDC® C-510, Notice of Award.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.
NOTICE OF AWARD
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Copyright© 2018
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882 www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474 www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723 www.asce.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.
http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Guidelines Page 1 of 1
GUIDELINES FOR USE OF EJCDC® C-510,
NOTICE OF AWARD
1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT
The Notice of Award is used by Owner to notify the recipient that it is the Successful Bidder (as defined in the General Conditions) and is awarded the Contract. The Notice of Award also provides instructions on signing and returning the Agreement, furnishing required bonds and insurance documentation, and receiving copies of the Contract Documents.
The Notice of Award is drafted for use in awarding a contract in a competitive bidding context. It could be revised by Owner to function as a Notice of Award in a competitive or negotiated proposal context.
C-510 as published contains a 15-day deadline for Bidder’s compliance with requirements such as returning signed copies of the Agreement, and a subsequent 10-day commitment by Owner to return a fully executed copy of the Agreement to Bidder (Contractor). The user should revise these time limits to conform with Owner’s standard preferences or local requirements.
For additional information regarding C-510, see EJCDC® C-001, Commentary on the 2018 EJCDC Construction Documents (2018).
2.0 EDITING THIS DOCUMENT
It is intended that this document be edited for each Contract. Guidelines for editing include:
A. Remove the cover pages, which consist of the title pages and these Guidelines for Use.
B. Type in required information as indicated by brackets ([ ]). Bracketed text will usually provide instructions for what is to be inserted in place of the brackets. Delete brackets and change formatting to match existing text after project specific text has been added, e.g. change “[Project Name]” to “Peach Street Renovation” (without brackets or bold, or quotation marks).
C. Fill in blanks, if any. It will be more common for information to be inserted by user to be indicated by a prompt in brackets, as described in Paragraph B above, rather than by an underline-style blank.
D. Most Notes to User are presented before the text to which they apply; some Notes to Users are interspersed in the text, usually within brackets. Delete all “Notes to User” after reviewing each note and taking appropriate action. Delete all associated numbering and brackets.
3.0 LICENSE AGREEMENT
This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC® Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring file:///C:/Users/Coy/Dropbox/@Current%20Projects/EJCDC/EJCDC%20Style%20Guide/EJCDC%20Templates/www.ejcdc.org
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
NOTICE OF AWARD
Date of Issuance:
Owner: City of Waynesboro, Virginia Owner’s Project No.:
Engineer: Wiley|Wilson Engineer’s Project No.: 250045
Project: WQIF Constructed Wetlands BMP
Contract Name: WQIF Constructed Wetlands BMP
Bidder:
Bidder’s Address:
You are notified that Owner has accepted your Bid dated [date] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:
The WQIF Constructed Wetlands BMP project consists of a new constructed wetlands best management practice and extended detention pond in Waynesboro, Virginia.
The Contract Price of the awarded Contract is $[Contract Price]. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable.
[Number of copies sent] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically.
☐ Drawings will be delivered separately from the other Contract Documents.
You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award:
1. Deliver to Owner [number of copies sent] counterparts of the Agreement, signed by Bidder (as Contractor).
2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6.
3. Other conditions precedent (if any): [Describe other conditions that require Successful Bidder’s compliance]
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.
Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions.
Owner: City of Waynesboro, Virginia
By (signature):
Name (printed):
Title:
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Copy: Engineer
EJCDC® C-550, Notice to Proceed.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.
NOTICE TO PROCEED
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Copyright© 2018
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882 www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474 www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723 www.asce.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.
NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.
http://www.nspe.org/ http://www.acec.org/
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Guidelines Page 1 of 1
GUIDELINES FOR USE OF EJCDC® C-550,
NOTICE TO PROCEED
1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT
The Notice to Proceed is used by Owner to notify the Contractor that it may proceed with construction as of a specified date. If no Notice to Proceed is issued, then the Contract Times commence on the 30th day after the Effective Date of the Contract. See Paragraph 4.01 of EJCDC® C-700, Standard General Conditions of the Construction Contract (2018) (“General Conditions”), for the governing provisions regarding commencement of the Contract Times and use of the Notice to Proceed.
C-550 also provides a place to state the schedule for completion: either a confirmation of the calendar dates for completion, if such are already set forth in the Agreement; or, if the Contract Times for completion, as set forth in the Agreement, are a stated number of days from the commencement date, then a calculation of the resulting calendar dates, counting forward from the commencement date that has now been established in the Notice to Proceed.
The critical operative date in the Notice to Proceed is the date that Owner establishes for the commencement of the Contract Times. The date of issuance, below the signature, is merely informational.
For additional information regarding C-550, see EJCDC® C-001, Commentary on the 2018 EJCDC Construction Documents (2018).
2.0 EDITING THIS DOCUMENT
2.1 It is intended that this document be edited for each Contract. Guidelines for editing include:
A. Remove the cover pages which consist of the title pages, and these Guidelines for Use.
B. Type in required information as indicated by brackets ([ ]). Bracketed text will usually provide instructions for what is to be inserted in place of the brackets. Delete brackets and change formatting to match existing text after project specific text has been added, e.g. change “[Project Name]” to “Peach Street Renovation” (without brackets or bold, or quotation marks).
C. Fill in blanks, if any. It will be more common for information to be inserted by user to be indicated by a prompt in brackets, as described in Paragraph B above, rather than by an underline style blank.
D. Complete tables.
3.0 LICENSE AGREEMENT
This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC® Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring file:///C:/Users/Coy/Dropbox/@Current%20Projects/EJCDC/EJCDC%20Style%20Guide/EJCDC%20Templates/www.ejcdc.org
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
NOTICE TO PROCEED
Owner: City of Waynesboro, Virginia Owner’s Project No.:
Engineer: Wiley|Wilson Engineer’s Project No.: 250045
Contractor: Contractor’s Project No.:
Project: WQIF Constructed Wetlands BMP
Contract Name: WQIF Constructed Wetlands BMP
Effective Date of Contract:
Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [date Contract Times are to start] pursuant to Paragraph 4.01 of the General Conditions.
On that date, Contractor shall start performing its obligations under the Contract Documents. No Work will be done at the Site prior to such date.
In accordance with the Agreement: [Select one of the following two alternatives, insert dates or number of days, and delete the other alternative.]
The date by which Substantial Completion must be achieved is [date for Substantial Completion, from Agreement], and the date by which readiness for final payment must be achieved is [date for readiness, from Agreement].
[or]
The number of days to achieve Substantial Completion is [number of days, from Agreement] from the date stated above for the commencement of the Contract Times, resulting in a date for Substantial Completion of [date, calculated from commencement date above]; and the number of days to achieve readiness for final payment is [number of days, from Agreement] from the commencement date of the Contract Times, resulting in a date for readiness for final payment of [date, calculated from commencement date above].
Before starting any Work at the Site, Contractor must comply with the following:
[Note any access limitations, security procedures, or other restrictions]
Owner: [Full formal name of Owner]
By (signature):
Name (printed):
Title:
Date Issued:
Copy: Engineer
EJCDC® C-610, Performance Bond.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.
PERFORMANCE BOND
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Copyright© 2018
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882 www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474 www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723 www.asce.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.
NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.
http://www.nspe.org/ http://www.acec.org/
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Guidelines Page 1 of 2
GUIDELINES FOR USE OF EJCDC® C-610,
PERFORMANCE BOND
1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT
The Performance Bond is the document in which the Contractor and Surety provide assurances to the Owner regarding the performance and completion of the Contractor’s obligations under the construction contract. The Performance Bond establishes the responsibilities of the Surety with regard to a default in performance by the Contractor.
The Owner typically provides the Performance Bond form to prospective Bidders or Contractors, sometimes with some of the Project-specific information (for example, Owner’s correct legal entity name) inserted in the form. After a Contractor has been selected, the Contractor’s Surety issues the actual executed Performance Bond, based on the form, and the Contractor submits the executed Performance Bond to Owner at the time the Contract is signed.
For additional information regarding C-610, see EJCDC® C-001, Commentary on the 2018 EJCDC Construction Documents (2018).
2.0 ORGANIZATION OF INFORMATION
All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in EJCDC® N-122/AIA® A521, Uniform Location of Subject Matter (2012 Edition) when preparing documents.
EJCDC® N-122/AIA® A521 is available at no charge from the EJCDC website, www.ejcdc.org, and from the websites of EJCDC’s sponsoring organizations.
If CSI MasterFormat™ is used for organizing the Project Manual, consult CSI MasterFormat™ for the appropriate document number (e.g., under 00 11 00, Advertisements and Invitations), and accordingly number the document and its pages.
3.0 EDITING THIS DOCUMENT
3.1 It is intended that this document be edited before being furnished as a form to prospective Bidders or Contractors, and for each actual issuance of a Performance Bond. Guidelines for editing include:
A. Remove the cover pages which consist of the title pages and these Guidelines for Use.
B. Type in required information as indicated by brackets ([ ]). Bracketed text will usually provide instructions for what is to be inserted in place of the brackets. Delete brackets and change formatting to match existing text after project specific text has been added, e.g. change “[Project Name]” to “Peach Street Renovation” (without brackets or bold, or quotation marks).
C. Fill in blanks, if any. It will be more common for information to be inserted by user to be indicated by a prompt in brackets, as described in Paragraph B above, rather than by an underline-style blank.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Guidelines Page 2 of 2
D. Modify check-boxes as required by clicking in the box.
4.0 LICENSE AGREEMENT
This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC® Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring file:///C:/Users/Coy/Dropbox/@Current%20Projects/EJCDC/EJCDC%20Style%20Guide/EJCDC%20Templates/www.ejcdc.org
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
PERFORMANCE BOND
Contractor Surety
Name: [Full formal name of Contractor] Name: [Full formal name of Surety]
Address (principal place of business): Address (principal place of business):
[Address of Contractor’s principal place of business]
[Address of Surety’s principal place of business]
Owner Contract
Name: City of Waynesboro, Virginia Description (name and location):
Mailing address (principal place of business): WQIF Constructed Wetlands BMP 548 Rosser Ave., Waynesboro, VA 22980
Contract Price: [Amount from Contract]
503 West Main Street, Waynesboro, VA 22980
Effective Date of Contract: [Date from Contract]
Bond
Bond Amount: [Amount]
Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form:
☐ None ☐ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.
Contractor as Principal Surety
(Full formal name of Contractor) (Full formal name of Surety) (corporate seal)
By: By:
(Signature) (Signature)(Attach Power of Attorney)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Attest: Attest:
(Signature) (Signature)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.
3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after:
3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance.
If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default;
3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:
5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or
5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or
5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:
7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and
7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.
8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.
9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.
10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.
11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable.
12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond.
14. Definitions
14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.
14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.
14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor.
15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor.
16. Modifications to this Bond are as follows: [Describe modification or enter “None”]
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.
PERFORMANCE BOND
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Copyright© 2018
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882 www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474 www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723 www.asce.org
The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.
NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.
http://www.nspe.org/ http://www.acec.org/
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
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