26-0048 Sophia Street and Lewis Street Drainage Project - Final.pdf

City of Fredericksburg

715 Princess Anne Street, Fredericksburg, VA 22401 INVITATION FOR BIDS (IFB) #26-0048 Sophia Street and Lewis Street Drainage Project

Commodity Code: 91396 Paving/Resurfacing, Street (Major and Residential)

Issue Date: May 8, 2026 • Due Date/Time: June 10, 2026 – 2:00 P.M. (EST) Procurement Officer: Josh McCormack / E-mail Address: ljmccormack@fredericksburgva.gov

Procurement Specialist: Rachel Jones / E-Mail Address: rmjones@fredericksburgva.gov

BID SUBMISSION: All sealed bids must be received by the date and time shown on the cover page of this solicitation at the following address. Any bids received after the stated time and date will not be considered. Delivery address:

City of Fredericksburg, City Manager’s Office, Attn. Josh McCormack, Procurement Manager, 715 Princess Anne Street, Fredericksburg, VA 22401. Electronic-only bids will not be considered.

CLARIFICATION OF TERMS: If any prospective Bidder has questions about the specifications or other solicitation documents, then it is the Bidder’s responsibility to contact the Procurement Officer in writing, no later than May 25, 2026, 2:00 P.M. (EST). Oral requests for information will not be accepted. No further written inquiries will be accepted after this time. Any revisions to the solicitation will be made only by an addendum issued by the Procurement Officer. Any addenda, notifications, extensions, cancellations or changes will be posted prior to the due date and time on the City’s website at www.fredericksburgva.gov and the Commonwealth of Virginia procurement portal at www.eva.virginia.gov. No other notification will be provided. It is the responsibility of the prospective Bidder to obtain all current information.

An Optional Pre-Bid Conference will be held at 3:00 P.M. on May 19, 2026 on Microsoft Teams (page 1)

PERIOD OF CONTRACT: July 1, 2026 through December 1, 2026

The undersigned hereby offers and agrees to furnish all goods and/or services in accordance with the attached signed bid and the mandatory requirements outlined herein, or as mutually agreed upon through subsequent negotiation.

Company Name: Email:

Address: Telephone:

City/State/ZIP Fax:

Signature: Cell:

Printed Name: UEI Number:

Title: eVA Vendor ID:

Date: Vendor SCC ID:

NOTE: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1 or against a Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

mailto:ljmccormack@fredericksburgva.gov mailto:rmjones@fredericksburgva.gov http://www.fredericksburgva.gov/ http://www.eva.virginia.gov/

I. ADVERTISEMENT FOR BIDS

Sealed bids for “Sophia Street and Lewis Street Drainage Project” will be received by the City of Fredericksburg, Finance/Procurement Office, City Hall, Fredericksburg, VA, until 2:00 p.m., June 10, 2026. The preferred method of delivery is by courier (Post/UPS/FedEx). All in-person deliveries must be scheduled with the Procurement Manager, Josh McCormack. The bids will be publicly opened and read on June 10, 2026 at 2:05 p.m. in the second-floor conference room of City Hall, 715 Princess Anne St, Fredericksburg, VA 22401.

Contact Josh McCormack (jlmccormack@fredericksburgva.gov) and Rachel Jones (rmjones@fredericksburgva.gov) via email for further information. All requests for clarification or questions regarding this bid must be received no later than 2:00 p.m. on May 25, 2026. All posted clarifications or addenda must be signed and accompany any bid submitted.

PREBID CONFERENCE: There will be an optional virtual Prebid Conference on May 19, 2026 at 3:00 P.M. for this project.

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/22340933226356?p=0OqmWjgvlgcvv3Em1V

Meeting ID: 223 409 332 263 56

Passcode: oc78pV6S

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Dial in by phone

+1 872-216-7945,,102478479# United States, Chicago

Find a local number

Phone conference ID: 102 478 479# mailto:jlmccormack@fredericksburgva.gov mailto:rmjones@fredericksburgva.gov https://teams.microsoft.com/meet/22340933226356?p=0OqmWjgvlgcvv3Em1V https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTk3MTg5ZmQtMDE3Yi00MWEwLWE4NmEtNjExNjY1YzZlNmZm%40thread.v2/0?context=%7b%22Tid%22%3a%222ac7aaab-489d-469f-9d62-fce58f0bbc47%22%2c%22Oid%22%3a%2286b57777-fe36-4f5c-97b2-ae2c020c459b%22%7d tel:+18722167945,,102478479 https://dialin.teams.microsoft.com/b0bc9b20-342e-4ff3-8bdd-b994914be13b?id=102478479

II. INSTRUCTIONS TO BIDDERS

GENERAL:

1. Subject to Owner's right to waive informalities, to be valid for consideration, bids must be completed and submitted in accordance with these instructions to bidders. All individual bid unit price items must be filled in, regardless of the quantity shown.

2. Plans and Specifications: Bidding documents will be provided as indicated in the Advertisement for

Bids.

3. Qualification of Bidders: Each bidder must be prepared to submit within five calendar days of the Owner’s request written evidence of his qualifications for the project, including, without limitation, financial data, previous experience, resources, personnel and evidence of authority to conduct business in the jurisdiction where the project is located.

4. Bidders must be registered in the Commonwealth of Virginia as provided by Chapter 7 of Title 54 of the Code of Virginia, 1950, as stated, and licensed to do business in the City of Fredericksburg.

Any and all subcontractors must also meet these requirements. The City of Fredericksburg may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein. Title 59, Chapter 5 of the Code of Virginia, requires contractors operating as a partnership or under a fictitious name to file a certificate of ownership with the State Corporation Commission and to appoint an attorney for service of process.

a. No Contractor who has been disqualified from bidding on contracts with the Virginia

Department of Transportation because of collusion or any other matter relating to violation of State or Federal Anti-Trust Laws may construct, either as a prime contractor or subcontractor, any part of this project.

5. Examination of Bid Documents and Site:

5.1 Before submitting bids, each bidder must examine bid documents, including, without limitation, all the Contract Documents, thoroughly; familiarize himself with Federal, state and local laws, ordinances, rules, codes, and regulations affecting the Work; and correlate his observations with requirements of the bid documents.

5.2 Bidders are requested and expected to visit the site of the project to alert themselves to local and special conditions which may be encountered during construction of the project such as: labor and transportation, handling and storage of materials, the availability of materials, and site access. Failure to make such investigations shall not relieve the successful bidder from performing and completing the Work in accordance with the Contract Documents.

a. An Optional pre-bid conference will be held at the time and place stated in the Advertisement for Bids.

6. Clarification of Terms:

6.1 If any prospective Bidder has questions about the specifications or other solicitation documents, then it is the Bidder’s responsibility to contact the Procurement Officer in writing, no later than May 25, 2026, 2:00 P.M. (EST). Oral requests for information will not be accepted. No further written inquiries will be accepted after this time. Any revisions to the solicitation will be made only by an addendum issued by the Procurement Officer. Any addenda, notifications, extensions, cancellations or changes will be posted prior to the due date and time on the City’s website at www.fredericksburgva.gov and the Commonwealth of Virginia procurement portal at www.eva.virginia.gov. No other notification will be provided. It is the responsibility of the prospective Bidder to obtain all current information.

a. All communications in regard to clarifications and any other matters related to this project shall be addressed to: Josh McCormack, Procurement Office, 715 Princess Anne Street, Fredericksburg, VA 22401, email: ljmccormack@Fredericksburgva.gov and Rachel Jones, 715 Princess Anne Street, Fredericksburg, VA 22401, email:

rmjones@fredericksburgva.gov.

7. Substitutions:

7.1 Substitutions of material or equipment or both may be offered by the Contractor with his bid, provided that, if approved:

a. No major changes in the construction or design intent of the project would be required.

Changes required to accommodate substituted items shall be made by the Contractor at no additional cost or time delay.

b. Features of quality, capacity, construction, performance, appearance, size, arrangement, and general utility, including economy of operation of substitutes offered, either parallel or exceed those of specified products.

c. The provisions of the General Conditions are met, and any other guarantees, if required by the specification sections, shall apply in full force and effect to the performance of such substitute products approved for incorporation into the Work.

7.2 Technical data covering the proposed substitution shall be furnished with the bid when possible, and not later than 10 days after bid submission.

8. Bid Submission:

8.1 Sealed bids must be submitted to the Procurement Office, 715 Princess Anne Street, Fredericksburg, VA 22401. Submit bids using forms furnished in the Project Manual and fill in all blank spaces on the form. Sealed bids include: bid submission and forms, inner envelope, and outer envelope. Repeat notation “Contractor’s Current Virginia License mailto:ljmccormack@Fredericksburgva.gov mailto:rmjones@fredericksburgva.gov

No.__________” on outside of inner envelope containing bid and bid security, and place this envelope within another envelope addressed to:

City of Fredericksburg Procurement Office 715 Princess Anne Street Second Floor, City Hall Fredericksburg, VA 22401

Bidders shall include the following with their bid submission:

• Bid Form

• Bid Proposal

• Base Bid Tabulation Summary Sheet

• Vendor Data Sheet

• Statement of Experience

• Statement of Available Resources

• Subcontractor Identification (if applicable)

• Corporate Status Form

• Questions to Offeror Form

• Bid Bond or Cashier’s Check Equivalent

8.2 Both the inner and outer envelopes shall have noted thereon:

From

Name of Bidder

Due Date Time

Street or Box Number IFB #26-0048-SSLS

City, State and Zip Code

8.3 Each bid must be accompanied by a cashier’s check payable to the City drawn on a bank satisfactory to the City, or a Bid Bond, in the amount of five percent (5%) of the amount of the total base bid, with the City as obligee, as assurance that the successful bidder will enter into the Contract within ten (10) days after Notice of Award.

If the successful bidder defaults by failure to enter into the Contract and to provide required performance and payment bonds, the certified check or Bid Bond accompanying the successful bid shall be collected by the City, not as a penalty but as liquidated damages for delays and such additional expenses as may be incurred by the City for reasons of such default.

8.4 Contractors will indicate a lump sum bid on the bid form. The lump sum bid shall contain all necessary costs required for completion of the Work. Any changes, erasures, modifications, or deletions in the bid form, or alternate proposals not specified in the bid proposal may make the proposal irregular and subject to rejection.

8.5 Receipt deadline for bids will be as stated in the Advertisement for Bids. All bids will be received in the Procurement Office, Second Floor, City Hall. It is the responsibility of the bidder to ensure bids are received and time stamped by the deadline for bids. Late bids will not be accepted.

8.6 Any bidder may withdraw or modify its bid, by a writing containing the original signature of the bidder, which writing must be received by the City prior to the date and time set for submission of bids. Withdrawal or modification must be in writing and be delivered by one of the following means: (i) hand delivery by the bidder itself, a courier, or other delivery service; (ii) by mail (no consideration shall be given to any postmark); or (iii)by marking(s) on the exterior of the bid submission envelope, but only if the marking is dated and includes the original signature of the bidder.

Written modifications of bids should not reveal the bid price contained in the previously submitted sealed bid, but should simply provide the desired addition, subtraction or modification, so that the final price or terms of the bid will not be known to the City until the sealed bids are opened. Modifications shall be on the interior envelope and sealed prior to submittal.

8.7 Withdrawal of bid after bid opening: To withdraw a bid after bid opening, a bidder must satisfy the substantive requirements of Va. Code §2.2-4330. In addition, the following procedures shall apply:

a. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

b. The mistake may be proved only from the original work papers, documents and materials used in preparation of the bid and delivered as required herein.

9. Bonds and Damages:

9.1 Bonds shall be with a surety company acceptable to the Owner that is legally authorized to do business in Virginia and in a form acceptable to Owner.

9.2 A performance bond and a labor and material payment bond will be required in the amount of 100 percent of the bid.

9.3 Liquidated damages shall be as indicated in the Contract Documents.

10. Award of Contract:

10.1 The award of the Contract will be to the responsible bidder submitting the lowest responsive base bid.

10.2 Before the Contract is awarded, the bidder submitting the lowest responsive bid must satisfy the City that it has the requisite organization, capital, equipment, ability, resources, personnel, management, business integrity, and at least three (3) years’ experience in the type of municipal work for which it has submitted a bid. Each bidder shall, with his bid, submit a list of at least five projects of similar size and dollar value completed within the last five years, giving location, dollar value, year completed, and the name(s) of the owner(s) and architect/engineer(s). The bidder shall verify to the City that it has sufficient and qualified personnel to provide for the Contact Work. Failure by the lowest responsive bidder to sufficiently satisfy the City of its ability to meet any of the above requirements may serve as grounds for rejection of the bid.

10.3 The Owner reserves the right to cancel the Advertisement for Bids, reject any and all bids, waive any and all informalities, and disregard all conforming, nonconforming, conditional bids or counterproposals.

10.4 Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the responsive bid from the lowest responsible bidder exceeds available funds, pursuant to Section 2-376 of the Fredericksburg City Code, the Owner may negotiate with the apparent low bidder to obtain a contract price within available funds.

a. Procedures for Negotiations: If the Owner wishes to negotiate with the apparent low bidder to obtain a contract price within available funds, negotiations shall be conducted in accordance with the following procedures:

1) If the department responsible for procuring the services wishes to conduct negotiations pursuant to this section, it shall provide the Procurement Officer with a written determination that the bid from the lowest responsive, responsible bidder exceeds available funds. This determination shall be confirmed in writing by the Procurement Officer or his designee. The Department Head or designee shall also provide the Procurement Officer with suggested measures to bring the proposed purchase within budget through negotiations with the lowest responsive, responsible bidder, including reductions in scope, changes in quality, value engineering, changes in terms and conditions, or changes in schedule.

2) The Procurement Officer shall advise the lowest responsive, responsible bidder in writing that the proposed purchase exceeds available funds. He shall further invite proposed measures, such as a reduction in scope, change in quality, value engineering, changes in terms or conditions, or changes in schedule for the proposed purchase, and invite the lowest responsive, responsible bidder to amend its bid based upon the proposed measures to bring the purchase within available funds.

3) Informal discussions between the City and the lowest responsive, responsible bidder, either in person, by e-mail, by telephone, or by other means, may be used to attempt to obtain a contract within available funds.

4) Following any successful negotiations, the lowest responsive, responsible bidder shall submit a proposed addendum to its bid, which addendum shall include the specific changes in the proposed purchase, the reduction in price, and the new contract value. The addendum shall be reviewed by the Procurement Office, the City Manager, and City Attorney for acceptability.

5) If an addendum is acceptable to the City, the City may award a contract within funds available to the lowest responsive, responsible bidder based upon the amended bid proposal.

6) If the City and the lowest responsive, responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected.

10.5 Protests of Award or Decisions to Award of Contract

a. The following are the exclusive procedures for a bidder to protest the City's award or decision to award a contract.

1. Any protest to award a contract shall be in writing and shall be delivered so that it is received by the City Manager not later than five (5) business days after announcement of the award or decision to award, whichever comes first.

Otherwise, any such protest shall be deemed to be waived.

2. Except for a protest of an emergency or sole source procurement, a protest of a City award or decision to award a contract may only be made by a person who submitted a bid for the procurement at issue and who was reasonably likely to have its bid accepted but for the City's decision. In the case of an emergency or sole source procurement, a protest may only be made by a person who can show that he was reasonably likely to have submitted a successful bid if the procurement had been other than emergency or sole source.

3. Protests shall only be granted if (1) the protester has complied fully with Sec. 2-434 of the Fredericksburg City Code and there has been a violation of law, the Fredericksburg City Code, or mandatory terms of the solicitation that clearly prejudiced the protestor in a material way, or (2) a statute requires voiding of the decision.

4. The City Manager shall issue a written decision on a protest within ten (10) days of its receipt by the City Manager.

5. If the protest is denied, the protestor may only appeal the denial or otherwise contest or challenge the procurement by then filing suit in the Fredericksburg Circuit Court, Fredericksburg, Virginia, and serving the city with such suit within ten

(10) days of such denial. Otherwise, the City Manager's decision shall be final and conclusive, and the protester's right to appeal the denial or to otherwise contest or challenge the procurement shall be deemed to be waived.

6. Strictly following these procedures shall be a mandatory prerequisite for protest of the City's award or decision to award a contract. Failure by a bidder to follow these procedures strictly shall preclude that bidder's protest and be deemed to constitute a waiver of any protest.

b. A protest may not be based upon the alleged non-responsibility of a person to whom the City awards or makes a decision to award a contract.

11. Bidders are referred to the General Conditions for the meanings of capitalized terms.

III. PURPOSE

The City of Fredericksburg (City) is conducting a solicitation for storm drainage improvements at the intersection of Lewis Street and Sophia Street in the City. The purpose of the project is to remove failed and undersized storm sewer infrastructure and replace it with upgraded drainage facilities designed to improve system capacity, reliability, and long-term performance.

The work includes the removal of an existing 8-inch storm sewer pipe, two existing 12-inch storm sewer pipes, one existing drop inlet, and one existing manhole located in the roadway. As part of the proposed improvements, the existing manhole will be replaced with a new manhole, and the existing drop inlet will be replaced with a new drop inlet. The storm drainage system will also be upgraded by replacing the removed 8-inch and 12-inch storm sewer pipes with a new 24-inch storm sewer pipe and replacing the remaining existing 12-inch storm sewer pipe with a new 30-inch storm sewer pipe. All asphalt restoration shall be completed with this project.

In addition to the storm sewer improvements, the project includes the installation and maintenance of all necessary erosion and sediment control measures, traffic control measures, and any other temporary controls or appurtenances required to safely complete work and protect the public, adjacent properties, and existing infrastructure during construction. Disturbed areas will be restored upon completion of the work in accordance with applicable standards and project requirements.

IV. SCOPE OF WORK

A. This project consists of the following: pavement milling, road reconstruction, full depth patching, repair, asphalt concrete resurfacing pavement markings, remove and replace curb and gutter, sidewalks, bricks, handicap ramps, joint repair, and related work on Sophia Street and Lewis Street in the City as designated by the Director of Public Works.

a. Traffic Control at construction sites

b. Mobilization

c. Project – Reconstruction of Sophia Street and Lewis Street Drainage Project FY-26

i. Hot Mix Asphalt – VDOT Type SM – 9.5 A 1.5”, 231 Tons

ii. Hot Mix Asphalt – VDOT Type BM – 25 4”, 528 Tons

iii. Base Aggregate No. 21-A, 223 Tons

iv. Remove and Replace (“R&R”) CG-6, 170 linear feet (LF)

v. R&R SIDEWALK, 650 square feet (SF)

vi. R&R CG-12, 8 eaches

vii. R&R CG-9B, 108 SF

viii. Stop Bar (Thermoplastic), 2 eaches

B. In addition to the items above, the following requirements apply to the project:

a. Asphalt will be adjusted per VDOT form C-16a

b. Temporary striping should be placed within 24 hours after new asphalt is in place

c. Type II safety vests must be worn by all workers on work

d. Inlet protection must be used during milling operation

e. No diesel fuel shall be used for bond breaker

f. Optional Stage Area See Plan: Contractor – contractor shall be responsible for the cost necessary for erosion and sediment control and restoration to its original condition.

V. GENERAL CONDITIONS

ARTICLE 1 CONTRACT DOCUMENTS AND DEFINITIONS

ARTICLE 2 ARCHITECT/ENGINEER

ARTICLE 3 OWNER

ARTICLE 4 CONTRACTOR

ARTICLE 5 SUBCONTRACTORS

ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS

ARTICLE 7 MISCELLANEOUS PROVISIONS

ARTICLE 8 CONTRACT TIME

ARTICLE 9 PAYMENTS AND COMPLETION

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

ARTICLE 11 INSURANCE FOR CONTRACTS

ARTICLE 12 CHANGES AND MODIFICATIONS IN THE WORK

ARTICLE 13 CLAIMS AND DISPUTE PROCEDURE

ARTICLE 14 UNCOVERING AND CORRECTION OF WORK

ARTICLE 15 TERMINATION OF THE CONTRACT

ARTICLE 16 ADDITIONAL PROVISIONS

V. GENERAL CONDITIONS

ARTICLE 1 CONTRACT DOCUMENTS AND DEFINITIONS

1.1 DEFINITIONS

1.1.1 CONTRACT AND CONTRACT DOCUMENTS:

The Contract Documents include: (1) the Construction Agreement (the "Contract"), its General Conditions, its Special Conditions (if any) and its attachments (if any); (2) the City’s Invitation for Bid No. 26-0048 Sofia Street and Lewis Street Drainage Project dated May 08, 2026, and any addenda; (3) the Contractor’s bid; (4) the Contract plans, drawings, and specifications and any addenda; and (5) any Modifications and any Field Orders. Any soils, geotechnical or other reports, surveys and analyses which may be made available to the Contractor for review or information under this Contract, are not adopted by reference into, nor are they part of the

Order of Precedence. If a conflict occurs between this Agreement and any Appendix, Exhibit or Schedule, unless otherwise specifically stated in the Appendices, Exhibits or Schedules, the order of precedence shall be: General Conditions, General Requirements, then the Construction Agreement.

1.1.2 MODIFICATION:

A Modification is (1) a written amendment to the Contract signed by both parties (Project Manager for City of Fredericksburg and authorized agent for the Contractor), (2) a written Change Order signed by the Project Manager or Owner's authorized representative and an authorized agent for the Contractor, or (3) a written Change Directive signed by the Owner's authorized representative. Modifications may be made to the Contract and Contract Documents without notice to any surety for the performance or payment bonds for the Work. Any Modification that increases the Contract Sum by more than $50,000 or that causes total expenditures for the Contract to exceed the amount budgeted for the Contract may only be made with the specific approval of the City Manager.

1.1.3 WORK:

"Work" means the construction and services required by the Contract Documents and includes all services, plant, labor, materials, supplies, equipment and other things necessary for Contractor to carry out and complete the requirements of the Contract Documents. "Work" includes material suitably stored and protected. "Work" also includes any portion of the Work, whether completed or not.

1.1.4 PROJECT:

The Project is the total construction of which the Work performed by Contractor under the Contract Documents may be the whole or a part.

1.1.5 FURNISH, INSTALL & PROVIDE:

The terms "Furnish" or "Install" or "Provide", unless specifically limited in context, mean furnishing and incorporating a specified item, product or material into the Work, including all necessary labor, materials, equipment to make the item and the Work ready for use.

1.1.6 EXTRA WORK:

The term "Extra Work" as used herein, refers to and includes work required by the Owner, which, in the judgment of the Owner involves changes in or additions to the Work required by the Contract Documents in their then-existing form.

1.1.7 NOTICE OF AWARD:

"Notice of Award" is the written notice of the Owner’s acceptance of the Contractor’s bid given by the Owner to Contractor as the successful bidder.

1.1.8 NOTICE:

"Notice" means written notice made in the manner specified in this paragraph.

.1 “Notice” shall be deemed to have been given to the Owner if sent to the following persons by the means indicated in 1.1.8.3 and either such Notice actually was received by such persons or adequate proof of receipt is made:

.2

“Notice” shall be deemed to have been given to the Contractor if sent to the following person by the means indicated in 1.1.8.3 and either such Notice was received by such person or the Contractor or adequate proof of receipt by such person or the Contractor is made:

______(Insert Successful bidder authorized representative names and address)______

.3 “Notice” shall be sent by special courier, recognized overnight delivery service, or United States mail. With the exception of original bid documents, facsimile copies and e-mail shall be acceptable if the original is then sent by special courier, recognized overnight delivery service, or United States mail within three business days.

1.1.9 CHANGE DIRECTIVES:

If the parties cannot agree to a written amendment to the Contract or to a Change Order, Owner may, by issuance of a written "Change Directive," direct Contractor to perform Work that Owner acknowledges, or that Contractor contends, to be a change to the Work required by the Contract Documents. A change order signed by the Owner that Contractor fails or refuses to sign shall be considered a "Change Directive."

Public Works Procurement Office City Attorney Lower Level Finance Dept, City Hall Suite 200B 715 Princess Anne Street 715 Princess Anne Street 601 Caroline Street, Fredericksburg, VA 22401 Fredericksburg, VA 22401 Fredericksburg, VA 22401

1.1.10 MISCELLANEOUS WORDS OR TERMS:

.1 Whenever they refer to the Work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirements, permission, order, designation or prescription of the Owner, and "approved", "acceptable", "satisfactory", "in the judgment of" and words of like import shall mean approved by or acceptable to or satisfactory to or in the judgment of the Owner.

.2 The Contract Documents generally refer to the Owner, Contractor, Architect/Engineers, entities, and persons as if masculine in gender and singular in number. Such references are intended to include the feminine or neutral in gender and/or the plural in number when appropriate.

1.2 EXECUTION, CORRELATION AND INTENT OF CONTRACT DOCUMENTS

1.2.1 Two originals of the Contract shall be executed.

1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work, including without limitation, all items reasonably inferable from the Contract Documents. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.

1.2.3 Anything shown on the drawings and not mentioned in the specifications or mentioned in the specifications and not shown on the drawings shall have the same effect as if shown or mentioned respectively in both. Technical specifications take priority over general specifications, and detail drawings take precedence over general drawings. Contractor shall promptly notify the Architect/Engineer (“A/E”) and Owner of any conflict or inconsistency in the Contract Documents, upon its discovery, and promptly submit an explanation in writing of the conflict or inconsistency to the A/E, with a copy to the Owner. The A/E’s decision thereon shall be final. In case of conflict or inconsistency between the drawings and the specifications, the specifications shall govern.

1.2.4 Should any labor, material, or equipment be required which is not denoted in the drawings and specifications, but which is, nevertheless, reasonably necessary for the proper carrying out of the intent of the Work, it is agreed that the labor, material, or equipment is implied, and the Contractor shall provide such labor and furnish such materials and equipment as fully as if they were completely delineated and prescribed, without additional cost to the Owner.

1.2.5 The Contractor may be furnished additional instructions and detail drawings to carry out the

Work included in the Contract Documents. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as a part thereof. The Contractor shall carry out the Work in accordance with the additional detail drawings and instructions.

1.2.6 The drawings and specifications are divided into sections for convenience and clarity only. The

Contractor shall not construe this division as a division of the Work into various subcontractor units. The Contractor may subcontract the Work in such divisions as he sees fit, but he is ultimately responsible for furnishing all Work required by the Contract Documents.

1.2.7 The provisions of this Contract cannot be amended, modified, varied or waived in any respect that causes a change to the Contract Sum or Contract Time except by a Modification. The Contractor is hereby given notice that no person has authority to orally waive, or to release the Contractor from any of the Contractor's duties or obligations under or arising out of the Contract Documents. Any waiver, approval or consent granted by Modification or Field Order to the Contractor shall be limited to those matters specifically and expressly stated thereby to be waived, approved or consented to and shall not relieve the Contractor of the obligation to obtain any future waiver, approval or consent.

1.3 OWNERSHIP AND USE OF DOCUMENTS

1.3.1 All plans, drawings, specifications, and documents relating to the Work are the property of the

Owner.

ARTICLE 2 ARCHITECT/ENGINEER

2.1 DEFINITIONS

2.1.1 The term Architect/Engineer, hereinafter "A/E" or "Architect" or "Engineer", shall mean the consulting firm or City Department/Division, or their duly authorized representatives, lawfully licensed to practice in Virginia, that is responsible for the activities specified herein. For IFB#25- 0502, The City of Fredericksburg shall act in this role.

2.2. ARCHITECT/ENGINEER SERVICES

2.2.1 The A/E will provide services as described in these General Conditions.

2.2.2 The A/E will advise and consult with the Owner. The Owner's instructions to the Contractor may be forwarded through the A/E. The A/E has authority to act on behalf of the Owner only to the extent provided in the Contract Documents, and the A/E does not have authority to approve a change to the Contract Sum or the Contract Time.

2.2.3 The A/E may visit the site at intervals appropriate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. Any visits or inspections by the

A/E, any Owner's representative, or any consultant retained by the Owner are solely for the Owner's benefit and shall not confer any rights on Contractor or excuse Contractor from any obligation under the Contract Documents.

2.2.4 The A/E will immediately inform the Owner and Contractor whenever, in the reasonable opinion of the A/E, any of the Work is proceeding contrary to the requirements of the Contract Documents and will be unacceptable. Such notification by the A/E is solely for the benefit of the Owner and will not be a cause for the Contractor to claim either delay of the Work or any increase in the Contract Sum or Contract Time.

2.2.5 The A/E, the Owner and other governmental representatives shall at all times have access to the

Project site and the Work regardless of its stage of progress. The Contractor shall provide facilities for such access so that the A/E, the Owner and other governmental representatives may perform their functions under the Contract Documents.

2.2.6 Where applicable, based on the A/E's observations and an evaluation of the Contractor's

Applications for Payment, the A/E will recommend the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Article 99, Payments and Completion.

2.2.7 The A/E will be an interpreter of the requirements of the Contract Documents. The A/E will render interpretations necessary for the proper execution and progress of the Work, with reasonable promptness and in accordance with any time limit agreed upon. Either party to the Contract may make written request to the A/E for such interpretations. All interpretations of the A/E shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing and/or in the form of drawings.

2.2.8 The A/E will recommend to the Owner the rejection of Work that does not conform to the

Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.6.2 whether or not such Work be then fabricated, installed or completed.

2.2.9 The A/E will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data, Samples and Manuals, but only for conformance with the design concept of the Work and with the information given in the plans, drawings, and specifications. Contractor shall ensure that all submittals are complete and have had included with them all correlated items that the A/E requires for his review. In the A/E’s and Owner’s sole discretion, the A/E may decline to review partial submittals or submittals for which correlated items have not been included. Contractor shall clearly note, both in a cover letter with any submittal and on the submittal itself, any deviation or inconsistency of anything submitted with the requirements of the Contract Documents. The A/E's approval of a specific item shall not indicate approval of an assembly of which the item is a component. The A/E's review and approval is for the sole benefit of the Owner and is not for the benefit of the Contractor. The

A/E's review and approval shall in no way excuse Contractor from fully complying with the

2.2.10 The A/E's acceptance of materials or products on behalf of the Owner shall not bar future rejection of such items (a) if they are subsequently found to be defective or inferior in quality or uniformity to the materials or products specified by the Contract Documents, (b) if such materials or products are not as represented by the Contractor, or (c) if such materials or products do not conform to the requirements of the Contract Documents.

2.2.11 As required, the A/E will conduct inspections to assist the Owner in determining the dates of

Substantial Completion and Final Completion, will receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled and submitted by the Contractor, and will recommend a final Certificate for Payment upon Contractor’s full compliance with the requirements of Article 9, Payment and Completion.

2.2.12 All claims, disputes, or other matters or questions between the Contractor and Owner arising out of or relating to the A/E's interpretation of the Contract Documents or arising out of any other decisions, communications, or actions of the A/E relating to the performance of the Work shall be resolved as set forth in Article 12, Changes and Modifications in the Work, and Article 13, Claims.

2.2.13 In case of the termination of the employment of the A/E, the Owner shall appoint a new A/E, who shall have the same status under the Contract Documents as the former A/E.

ARTICLE 3 OWNER

3.1 DEFINITION

3.1.1 The Owner is the City of Fredericksburg, Virginia ("City"). The term Owner means the Owner or its authorized representative. The Public Facilities Department Director is the authorized Owner's representative for this Contract. Notwithstanding the foregoing, the authority of the Owner's representative is subject to the limitations in the Fredericksburg Public Procurement Code.

3.1.2 The Public Facilities Department Director will designate a single Owner's representative with the title of Project Manager (PM), who will have the power to act, within the scope of his delegated authority, for and on behalf of the Owner, in accordance with the terms of the Contract Documents.

3.1.3 For purposes of any change in the Work, the term "Owner" or "Owner's representative" specifically excludes any and all inspectors having building code or City ordinance responsibilities or jurisdiction under the requirements of the building permit for the Project.

3.2 INFORMATION POSSESSED BY OWNER

3.2.1 The Owner, as a courtesy, may make available for the Contractor's reasonable review, at the

Owner's offices or together with the Contract Documents, certain boring logs, geotechnical, soils and other reports, surveys and analyses pertaining to the Project site. Any such information provided to the Contractor is intended to be for the Contractor's convenience only, and its accuracy and completeness are not guaranteed or warranted by the Owner or the A/E, it being the Contractor's sole responsibility to verify the accuracy and completeness of such information.

Such information is not incorporated by reference into or made a part of the Contract

.1 Notwithstanding any information provided by Owner or anyone acting on the behalf of

Owner, the Contractor assumes full responsibility for inspection of the site and for the means and methods of construction that he employs when performing the Work. The Owner shall not be liable for any additional work or costs arising as a result of any conclusions reached or assumptions derived by the Contractor from or based upon any such information that the Owner makes available for the Contractor's convenience.

3.3 OWNER-PAID PERMITS AND FEES

3.3.1 The Owner will, where applicable, pay for:

.1 Sewer availability fees;

.2 Water availability/meter connection fee;

.3 Electrical, natural gas, telephone, and cable TV permanent installation charges;

.4 Any easements required;

.5 Railroad flagging services; and .6 Permits for work in City right-of-way. The Contractor is required to comply with the general requirement for work in the City right-of-way as outlined in the Blue Print Design Specifications and Construction Project Manual, latest editions. Upon completion of all work in the City right-of-way, City Personnel will conduct an inspection and issue a punch list. The Contractor shall be responsible for completion of those items on the punch list and for obtaining the written release of the permit.

3.3.2. The Contractor's attention is directed to Article 4.7, Contractor-Paid Taxes, Permits, Fees, and

Notices, describing other permits to be obtained and fees to be paid by the Contractor.

3.4 OWNER'S RIGHT TO STOP WORK

3.4.1 If the Contractor fails to correct defective Work as required herein or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

3.5 OWNER'S RIGHT TO CARRY OUT THE WORK

3.5.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract

Documents and fails within seven (7) days after receipt of Notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to any other remedy he may have, rectify such deficiencies, including without limitation, by performing the Work or having the Work performed by other contractors, as outlined in Section 6.1, Owner’s Right to Perform Work and to Award Separate Contracts. In such case, an appropriate Change Order or Change Directive shall be issued by Owner deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the A/E's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner.

3.5.2 Neither the Owner nor the A/E nor their officers, agents, assigns or employees are in any way liable or accountable to the Contractor or his surety for the method by which Work performed by the Owner or performed by other contractors pursuant to this Article 3.5, or any portion thereof, is accomplished or for the price paid therefore. Notwithstanding the Owner's exercise of its rights under this Article 3.5, the Contractor and its surety shall have sole responsibility to maintain and protect the Work, including without limitation, that portion of the Work performed by or on behalf of Owner pursuant to this Article 3.5.

3.6 SUSPENSION OF WORK

3.6.1 The Owner shall have the authority to suspend the Work, in whole or in part, for such periods and such reasons as the Owner may deem necessary or desirable, in its sole discretion, including without limitation:

.1 Unsuitable weather;

.2 Other conditions considered unfavorable for the suitable prosecution of the Work; and or .3 Other conditions considered adverse to the best interests of the Owner.

3.6.2 Any such suspension shall be made by Owner by written order to the Contractor. The Contractor shall obey immediately such order of the Owner and shall not resume the Work until so ordered in writing by the Owner. The Contractor shall be entitled to an extension of the Contract Time, subject to the provisions of Article 8, Contract Time, herein.

3.6.3 No such suspension of the Work shall be the basis of a claim by the Contractor for any increase in the Contract Sum or for any other damages, losses, costs or expenses if the suspension is for a reasonable time under the circumstances then existing and the cause thereof is beyond the control and is without the fault or negligence of the Owner or those acting on Owner’s behalf.

3.6.4 In the event of suspension of Work, the Contractor will, and will cause his Subcontractors and others providing any of the Work through Contractor to, protect carefully his and their materials and Work against damage or injury from the weather and maintain completed and uncompleted portions of the Work as required by the Contract Documents. If, in the opinion of the Owner, any Work is damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect same, such Work shall be removed and replaced at the expense of the Contractor.

3.7 USE AND OCCUPANCY PRIOR TO FINAL ACCEPTANCE BY OWNER

3.7.1 The Owner has the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire Work or any portions thereof may, or may not, have expired. The taking of possession and use by the Owner shall be in accordance with the provisions in Article 9.8, Substantial Completion and Guarantee Bond. If such prior use delays the Work, the Contractor may submit a request for a time extension in accordance with the requirements of Article 8, Contract Time.

3.8 RIGHT TO AUDIT AND PRESERVATION OF RECORDS

3.8.1 The Contractor shall maintain books, records and accounts that completely and accurately account for all of his costs and receipts relating to the Project in accordance with generally accepted accounting principles and practices. The Owner or its authorized representatives shall have the right to review, inspect, audit and/or copy the books, records, accounts and related documents, including without limitation, supporting documents, of the Contractor under any of the following conditions:

.1 If the Contract is terminated for any reason in accordance with the provisions of these

Contract Documents, in order to arrive at equitable termination costs;

.2 If the Contractor and the Owner dispute the amount due the Contractor under the terms of this Contract;

.3 To check or substantiate any amounts invoiced or paid that are required to reflect the costs of the Contractor, or the Contractor's efficiency or effectiveness under this Contract or in connection with any extras, changes, claims, additions, backcharges, or other, as may be provided for in this Contract; and/or

.4 If it becomes necessary to determine the Owner's rights and the Contractor's obligations under the Contract or to ascertain facts relative to any Claim.

.5 If needed to respond to a request for records under the Virginia Freedom of Information Act request, to respond to a valid subpoena, or if otherwise necessary for the Owner to comply with state or federal laws or regulations.

3.8.2 These provisions for review, inspection, audit and copying shall give the Owner unlimited access during normal working hours to the Contractor's books, records, accounts and supporting documents under the conditions stated above.

3.8.3 The Contractor shall make all his books, records, accounts, and all other documents relating to his costs and receipts under this Contract, including without limitation any supporting documents, available to the Owner and its representatives for review, audit, inspection and copying at any time during the period from entry into this Contract through three years after Final Payment or termination of this Contract, whichever occurs later.

3.8.4 Any payments made under this Contract shall not constitute a waiver of the Owner's rights to review, inspect, copy and audit. Payments shall not constitute a waiver or agreement by the Owner that it accepts as correct the billings, invoices or other charges upon which the payments are based. If the Owner's review and audit produces a claim against the Contractor, the Owner may pursue all its legal remedies, even though Owner has made all or part of the payments required by this Contract.

3.8.5 If any review or audit by the Owner or the Owner's representatives discloses an underpayment by the Owner, the Owner shall pay any amounts found by the audit to be owed to the Contractor.

If such audit discloses an overpayment, the Contractor reimburse the Owner for the amount of the overpayment.

3.8.6 The Owner's right to review, inspect, audit and copy, and the Contractor's duty as to preservation of records shall terminate at the end of three (3) years after Final Payment or termination of this Contract, whichever occurs later.