59659 North Whitehill Drainage Improvements Project-Phase 1.pdf

CITY OF PETERSBURG, VIRGINIA

INVITATION FOR BID #59659

CONSTRUCTION

February 28, 2024

North Whitehill Drainage Improvements Project-Phase 1

Project Title

PROJECT LOCATION: Nash Street between North Whitehill Drive and South Whitehill Drive

PRE-BID CONFERENCE: OPTIONAL, March 12, 2024, at 1:00 p.m. Meeting will be held virtually via MS Teams.

For virtual attendance, find the meeting information below:

• To join the meeting and view the video from your computer. Please click the following link(s):

Click here to join the meeting

Meeting ID: 211 193 369 514

Passcode: P5WUEt

• To join the meeting via phone, please see the following dial-in info:

Dial In #: +1 804-215-0096,,882133263#

Meeting Conference ID: 882 133 263#

RECEIPT DATE: March 27, 2024, no later than 2:30 p.m.

OPENING DATE: March 28, 2024, at 2:30 p.m.

SEALED BIDS WILL BE RECEIVED UNTIL at the Procurement Office, 125 N. Union Street, Petersburg, Virginia 23803, until but no later than 2:30 P.M. prevailing local time on March 27, 2024, and will be publicly opened at 2:30 p.m. on March 28, 2024. Bid Opening will be held virtually.

To join the meeting and view the video from your computer.

• Click here to join the meeting

Meeting ID: 249 896 881 989

Passcode: T8QgSX

• To join the meeting via phone, please see the following dial-in info:

Dial In #: +1 804-215-0096,,451730060#

Meeting Conference ID: 451 730 060# https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZjM2RmYzMtNTlkOC00MDZmLWJiZjAtZjcyMjhjZGViNmUx%40thread.v2/0?context=%7b%22Tid%22%3a%22915d4a77-8211-456a-97a4-3135fb39c42a%22%2c%22Oid%22%3a%22481c413a-babb-4a5c-a88d-53416c774169%22%7d tel:+18042150096,,882133263# https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGEyMThmZGMtNTBjNS00ZTA3LWE4ZjYtNTZjZTkyOGUzMGM4%40thread.v2/0?context=%7b%22Tid%22%3a%22915d4a77-8211-456a-97a4-3135fb39c42a%22%2c%22Oid%22%3a%22481c413a-babb-4a5c-a88d-53416c774169%22%7d tel:+18042150096,,451730060#

Responses to this solicitation may also be submitted electronically through the Commonwealth of Virginia electronic procurement portal (eVA). For guidance on how to submit your proposal, go to https://eva.virginia.gov/supplier-training-materials.html and select the “Respond to IFBs-RFPs and more”

PDF located under the heading “Find and Respond to Virginia Business Opportunities (VBO)”.

PROJECT CONTACT: Lisa M. Scott, Purchasing Agent, Tel. (804) 431-5085

QUESTIONS: Questions must be submitted in writing to the Procurement Office by March 18, 2024, at

12:00 p.m. An electronic message may be submitted to purchasing@petersburg-va.org. If necessary, an addendum will be issued and posted on the City website at https://va-petersburg.civicplus.com/360/Procurement-

Office. It is the responsibility of the bidder to download any addenda.

If you are a person or an individual with a disability and require reasonable accommodation, please notify:

Procurement Office at (804) 733-2345 three (3) working days prior to need. Bid packages are available for viewing in the Procurement Office or from the City’s website at https://va-petersburg.civicplus.com/360/Procurement-Office.

***This project shall require a Standard Performance and Standard Labor and Material Payment Bond***

Lisa M. Scott

Lisa M. Scott

Purchasing Agent https://eva.virginia.gov/supplier-training-materials.html tel:+18042150096,,881395121 https://va-petersburg.civicplus.com/360/Procurement-Office?url=https%3A%2F%2Fva-petersburg.civicplus.com%2F360%2FProcurement-Office&data=05%7C01%7CJenna.Boyd%40kimley-horn.com%7C2de8abd748764d698bd008daf8d78e8c%7C7e220d300b5947e58a81a4a9d9afbdc4%7C0%7C0%7C638095901972895731%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ahbFhf8C4pNoBjDXpfZ2bDqN2Uf1tubuaNyXQ2ieS%2B4%3D&reserved=0 https://va-petersburg.civicplus.com/360/Procurement-Office?url=https%3A%2F%2Fva-petersburg.civicplus.com%2F360%2FProcurement-Office&data=05%7C01%7CJenna.Boyd%40kimley-horn.com%7C2de8abd748764d698bd008daf8d78e8c%7C7e220d300b5947e58a81a4a9d9afbdc4%7C0%7C0%7C638095901972895731%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ahbFhf8C4pNoBjDXpfZ2bDqN2Uf1tubuaNyXQ2ieS%2B4%3D&reserved=0

TABLE OF CONTENTS FOR IFB # 59659

PAGE

I. INVITATION FOR BID COVER SHEET 1

II. TABLE OF CONTENTS 3

III. GENERAL CONDITIONS OF THE CONTRACT 4

IV. LIQUIDATED DAMAGE SCHEDULE 31

V. CONTRACT (SAMPLE) 32

VI. STANDARD PERFORMANCE BOND (SAMPLE) – MANDATORY 33

VII. STANDARD LABOR AND MATERIAL BOND (SAMPLE) – MANDATORY 35

VIII. STATEMENT OF WORK 38

IX. PRE-BID CONFERENCE 38

X. ATTACHMENT A - BID RESPONSE FORM – MANDATORY FORM 43

XI. ATTACHMENT B - CONTRACTOR REGISTRATION FORM –

MANDATORY FORM

XII. ATTACHMENT C – CONTRACTOR CERTIFICATION – MANDATORY

FORM

XIII. ATTACHMENT D - STANDARD BID BOND – MANDATORY FORM 52

XIV. ATTACHMENT E – REFERENCES – MANDATORY FORM 55

XV. ATTACHMENT F - MINORITY BUSINESS REPORT FORM –

MANDATORY FORM

XVI. ATTACHMENT G - SMALL PURCHASE CARD – MANDATORY FORM 59

XVII. ATTACHMENT H – TECHNICAL SPECIFICATIONS 61

ATTACHMENT I – PROJECT DRAWINGS (Available Separately)

AFFIDAVIT OF PAYMENT CLAIMS

AFFIDAVIT OF RELEASE OF CLAIMS

GENERAL CONDITIONS OF THE CONTRACT

SECTION 1 - DEFINITIONS

When used in these provisions or elsewhere in the contract, the following terms, or pronouns used in place of them, shall have the meaning ascribed to them in the section, unless it is apparent from the context that a different meaning is intended:

1.1 OWNER. The City of Petersburg, Virginia and its authorized agent or representatives.

1.2 CONTRACT. The written agreement covering the construction of the project by the Contractor, including the furnishing of labor, materials and equipment in connection therewith. It shall include these General Conditions, the Invitation for Bid, the Bid, Special Provisions, Plans, Specifications, Standard Performance Bond, Certificate of Insurance, any addenda, and all amendments made after execution of the Contract Documents.

1.3 CONTRACTOR. The person or organization identified in the Contract and referred to throughout the Contract Document as if singular in number and masculine in gender. The term Contractor means the General Contractor.

1.3.1 SUBCONTRACTOR. A Sub-contractor is a person or organization, not the Contractor, who has a direct contract with the Contractor to perform any of the work at the site but who has no contractual relationship with the City of Petersburg.

1.4 ARCHITECT OR ENGINEER. An individual, firm, association, or properly qualified person designated by the City of Petersburg, experienced in and legally qualified to practice the profession involved. The term Architect or Engineer means the Architect or Engineer or their legally authorized representative.

1.5 RESIDENT PROJECT REPRESENTATIVE OR RESIDENT ARCHITECT. The resident project representative or resident architect shall mean one or more individuals employed by the

Architect or Engineer to make inspections on the job site during construction of the project. The City of

Petersburg may elect to have a representative on the project as the City of Petersburg’s Coordinator.

However, all instructions to the Contractor shall be by the Architect or Engineer. The Contractor shall be notified in writing of the appointed representatives prior to actual commencement of construction.

1.6 NOTICE. Shall include all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with the Contract requirements. Any written notice by either party to the Contract shall be sufficiently given if delivered to or at the last known business address of the person, firm or corporation constituting the party to the Contract, or to his, their, or its authorized agent, representative or officer, or when enclosed in a postage prepaid envelope addressed to such last known address and deposited in a United States mail box.

1.7 MISTAKE. The term “mistake” as used in these General Conditions shall include every type of mistake, clerical or otherwise.

1.8 CITY OF PETERSBURG’S COORDINATOR. Shall mean an individual or his duly designated representative employed by the City of Petersburg to act as City of Petersburg’s liaison with the

Architect or Engineer in the preparation of drawings, specifications, interpretation of the project criteria, and to act as City of Petersburg’s construction observer.

1.9 SUBSTANTIAL COMPLETION. Shall mean that the work has progressed to the state where the entire project, including mechanical, electrical, and equipment installations can be occupied or used by the City of Petersburg for its intended purpose, and when any remaining work can be done without interfering with the City of Petersburg’s use, provided however that the determination as to “Substantial

Completion” shall rest with the Architect or Engineer.

1.10 CALENDAR DAY. Shall mean each day shown on the calendar beginning at midnight, including

Saturdays, Sundays and Holidays.

SECTION 2 - BIDDING INSTRUCTIONS

2.1 REGULATIONS GOVERNING CONTRACTORS. Contractors are required under Title 54, Chapter 7, Code of Virginia, to show evidence of certificate of registration before bid may be received and considered.

2.2 LAWS, PERMITS AND REGULATIONS. The contractor must comply with all Local, State and

Federal laws, rules, ordinances, and regulations applicable to the Contract and to the work done hereunder, and must obtain, at his own expenses, all permits, licenses, or other authorization necessary for the prosecution of the work. If the Contractor ascertains at any time that any provisions of the

Contract are not in compliance with applicable laws, rules, ordinances or regulations, he shall promptly notify the Architect or Engineer in writing. All contractors who perform any construction work for the

City are subject to the provisions of the Virginia Code, Title 54.1, Chapter 11, and are required to be licensed as required therein. Each bidder shall, as a part of its bid, provide the City with the following information: (i) whether the bidder is a resident or non-resident of the Commonwealth of Virginia; (ii) whether the bidder possess all required licenses and certificates required by law for the work to be performed; and (iii) documentation of proper license or certification under the provisions of Title 54.1, Chapter 11 of the Virginia Code.

2.2.1 APPLICABLE LAW AND COURTS. The solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the City of Petersburg. The Contractor shall comply with applicable federal, state, and local laws, and regulations.

2.2.2 ANTI-DISCRIMINATION. By submitting their (bids/proposals), (bidders/offerors) certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the

Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia

Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of

Virginia of 1950, as amended, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

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

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over

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

2.2.3 ETHICS IN PUBLIC CONTRACTING. By submitting their bids or proposals, Bidders or

Offerors certify that their bids or proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder/Offeror, supplier, manufacturer or subcontractor in connection with their bid or proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction and payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged.

2.2.4 IMMIGRATION REFORM AND CONTROL ACT OF 1986. By submitting their bids or proposals, the Bidders or Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration

Reform and Control Act of 1986.

2.2.5 DEBARMENT STATUS. By submitting their bids or proposals, Bidders or Offerors certify that they are not currently debarred from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

2.2.6 ANTITRUST. By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the City of Petersburg all rights, title and interest in and to all causes of the action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods and services purchased or acquired by the City of Petersburg under said contract.

2.3 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT DOCUMENTS AND SITE.

Each bidder shall visit the site of the proposed work and shall fully acquaint himself with conditions relating to the proposed construction. Bidders shall thoroughly examine and be familiar with the Contract

Documents. The failure or omission of any bidder to review or examine any form, instrument, addendum or other document or to visit the site and acquaint himself with existing conditions shall not relieve the bidder from any or all obligations with respect to his bid or to the contract. The submission of a bid shall be taken as a prima facia evidence of compliance with this paragraph and no plea of ignorance of misunderstanding as to what is anticipated under the terms of the bid or the contract shall be available as defense for failure to perform.

2.3.1. Special Conditions, applicable specifically to the project, may be used to supplement or clarify these

General Conditions, but no item of the General Conditions may be amended nor deleted, or its intent changed without prior written approval of the Purchasing Agent.

2.4 EXPLANATIONS TO BIDDER. No oral explanation in regard to the meaning of drawings and specifications will be made, and no oral instructions will be given before the award of the contract.

Discrepancies, omissions or doubts as to the meaning of drawings and specifications shall be communicated in writing to the Architect or Engineer for interpretation. Bidders shall act promptly and allow sufficient time for a reply to reach them before the submission of their bids. Any interpretation made will be in the form of an addendum to the specifications and/or drawings which will be forwarded to all bidders and its receipt by the bidder shall be acknowledged on Bid Forms. The Architect or Engineer shall make his interpretation and notify the City of Petersburg and all bidders no more than five (5) days from the time of his receipt for interpretation.

2.5 TRADE NAMES AND ALTERNATIVE. When the drawings or specifications specify one or more manufacturers’ brand names or makes of materials, devices or equipment as indicating a quality, style, appearance or performance, the bidder shall base his bid on either one of the specified brands or an alternate brand which he intends to substitute. Use of an alternate shall not be permitted unless it has been found to be equal or better by the Architect or Engineer and at no additional cost to the City of Petersburg.

2.5.1 The burden of proof as to the comparative quality and suitability of alternative equipment, articles or materials shall be upon the bidder and he shall furnish at his own expense, such information relating thereto as may be required by the Architect or Engineer. The Architect or Engineer shall be the sole judge as to the comparative quality and suitability of alternative equipment; articles or materials and his decisions shall be final. Any other brand, make of material, device or equipment which, in the opinion of the Architect or Engineer is recognized the equal of that specified, considering quality, workmanship and economy of operation and is suitable for the purpose intended, must be accepted.

2.5.2 Substitution of equipment, articles or materials for specified items or approved alternates after bid opening may not be made without the prior written approval of the Architect or Engineer.

2.6 INSURANCE

1. The Contractor shall purchase and maintain in force, at his own expense, such insurance as will protect him and the City from claims which may arise out of or result from the Contractor's activities, whether such be by himself, his employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. All insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission. The Contractor shall furnish as a minimum the hereinafter coverages and limits, and on forms and of companies which are acceptable to the City Attorney and/or Risk Management and shall require and show evidence of insurance coverages on behalf of any subcontractors (if applicable), before entering into any agreement to sublet any part of the work to be done under this Contract.

MINIMUM INSURANCE COVERAGES AND LIMITS REQUIRED:

a. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer.

Contractors who fail to notify the City of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia of 1950, as amended, during the course of the contract shall be in noncompliance with the contract.

b. Employer’s Liability - $100,000.

c. Commercial General Liability - $1,000,000 per occurrence, $2,000,000 aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage, and pesticide/herbicide applicator coverage. The City of Petersburg must be named as an additional insured and so endorsed on the policy.

d. Automobile Liability - $1,000,000 per occurrence, $2,000,000 aggregate.

2. Instructions Regarding Insurance Certificates: The Contractor and his insurance company should carefully review the insurance requirements applicable to this contract. All requirements must be met before the City will execute the contract. In particular, we would call your attention to the following:

a. Please note that the Insurance Certificate must state that the Commercial General

Liability policy and the Umbrella Liability Insurance Policy where required, shall name the “City of Petersburg” as additional insured. This requirement may be met by placing the following language on the Certificate. Many Certificates have a space headed "Description" where the language may be inserted as follows: the

“City of Petersburg is additional insured” or that the “City of Petersburg is additional insured with respects to General Liability; and/or Umbrella Liability policies”.

b. The Insurance Certificate must also contain the required statement concerning notice of cancellation or other change in coverage. The statement used on some

Certificate forms is not acceptable. The statement which is required by the contract documents reads as follows: "Such certificate shall provide that in the event of the cancellation of the policy or policies listed on such certificate, not less than 30 days’ notice in writing shall be given to the City.” NOTE: This requirement may be achieved through modifications to the cancellation clause by striking the words “endeavor to” in the second line and by striking the clause reading “but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer, its agents or representatives.” OR In lieu of modifying the cancellation clause, the City of Petersburg may be listed an additional insured by an endorsement to the policy or by endorsement to the policy the insurer will provide 30-day cancellation notice to the City of Petersburg. The endorsement should be on a separate form and attached to the certificate.

c. The Certificate Holder should be listed as:

The City of Petersburg c/o Procurement Office

125 N. Union Street

Petersburg VA 23803

Contract # TDB- North Whitehill Drive Drainage Improvements Project-

Phase 1

d. Certificate of Insurance must be signed.

2.6.1 BLASTING INSURANCE. Should any blasting become necessary to perform the Contract, liability insurance shall be provided by the Contractor in the amount of at least $1,000,000 per occurrence, directly or indirectly arising from or during the time blasting is done. Such insurance may be provided either under a separate blasting insurance contract, by endorsement of the public liability and property damage insurance contract, or by any other insurance contract. Such insurance shall cover the General

Contractor and shall extend to provide coverage of any sub-contractor doing blasting. No blasting shall be done until the insurance covering blasting is provided as required by this sub-section or in greater amounts if so required by the City of Petersburg, provided, however that in the event blasting is solely and exclusively to be carried out by and under the supervision and direction of a sub-contractor, then the

City of Petersburg may permit such sub-contractor to show evidence of insurance as aforesaid and in at least like amounts, and the City of Petersburg may accept such evidence of insurance in lieu of the General

Contractor’s furnishing such insurance provided the Contractor is included as an insured on such sub-contractor’s policy. If greater amounts of Insurance are required by the City of Petersburg, notice of such requirements shall be given to all Bidders not less than fifteen (15) days prior to the Bid Opening.

2.6.2 The Contractor shall also cover automobiles and trucks used for the work with Public Liability and

Property Damage insurance. Such coverage shall include vehicles owned, hired or rented by the

Contractor. All of the Contractor’s insurance shall be made contingent to protect him from operations of his sub-contractors and by anyone for whose acts any of them may be liable, as required under paragraph

2.6.3 The limits of liability shall be in the amounts of $300,000/$500,000 public liability and $100,000 property damage unless greater amounts are specified pursuant to sub-section 2.6 of these General

Conditions.

2.7 TAXES. The Contractor shall pay all taxes required by law resulting from the work or traceable thereto except taxes and assessments on real property comprising the site of the project.

2.8 BID SECURITY. Bids shall be accompanied by a bid guarantee with not less than five percent (5%) of the amount of the bid, and may be certified check or a cashier’s check or a Bid Bond made payable to the City of Petersburg. Such Bid Bond or check shall be submitted with the understanding that it shall guarantee that the bidder will not withdraw his bid during the period of sixty (60) days following the two hours subsequent to the opening of bids, and subject to the terms and conditions of Paragraph 2.10, that if the bid is accepted he will enter into formal contract with the City of Petersburg in accordance with the form of agreement included as a part of the Contract Documents, and that the Standard Performance Bond and Certificate of Insurance will be given; and that in the event of the failure to enter into said contract and give said Bond and Certificate of Insurance within ten (10) days after he has received notice of acceptance of his bid, the bidder shall be liable to the City of Petersburg for the full amount of the bid guarantee as representing the damage to the City of Petersburg of the default of the bidder in any particular thereof. The Bid Bonds and checks shall be returned to all except the three lowest bidders after the formal opening of bids. The remaining Bid Bonds and checks will be returned to the three lowest bidders after the City of Petersburg and the accepted bidder have executed the Contract, and Standard Performance

Bond and Certificate of Insurance have been approved by the City of Petersburg. If the required contract has not been executed within sixty (60) days after the date of the opening of bids, or any extension agreed to in writing by both parties, then bond or check of any bidder will be returned upon request, provided he has not been notified of the acceptance of his bid prior to the date of such request. No plea of mistake in the bid shall be available to the bidder for the recovering of his bid security or as a defense to any action based upon the neglect or refusal to execute a contract except as provided in Paragraph 2.10.

2.8.1 A Bid Bond will be accepted only if executed on the official form furnished by the City of

Petersburg. Any bid accompanied by a bond executed on a copy, duplicate or facsimile will be rejected.

2.9 PREPARATION AND SUBMISSION OF BIDS.

A. Bids shall be submitted on the forms furnished, or copies thereof, and shall be signed in ink. Erasures or other changes in a bid must be explained or noted over the signature of the bidder. Bids containing any conditions, omissions unexplained erasures or alterations or items not called for in the bid form, or irregularities of any kind may be rejected by City of Petersburg as being incomplete. Bidders shall bid on all items as shown on the bid form, if required by the City of Petersburg. Bids submitted in lead pencil may be cause for rejection.

B. Each bid must give the full business address of the bidder and be signed by him with his usual signature.

Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership. Bids by corporation must be signed with the legal name of the corporation followed by the name of the State in which they are incorporated and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word “President”, “Secretary”, “Agent”, or other designation, without disclosing his principal, may be held to be the bid of the individual signing. Satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished if signed by other than the President.

2.10 WITHDRAWAL OR MODIFICATION OF BIDS. Prior to the time designated for receipt of bids, bids may be either withdrawn or modified by written and signed notice, provided however, that no bid may be withdrawn after the time set forth on the first page of the Invitation for Bid for the opening of the bids. Mistake on the part of the bidder in preparing his bid confers no right upon the bidder to withdraw the bid after the time designated for receipt of bids. However, Section 2.2-4330, concerning withdrawal of bids due to error will be handled as follows:

1950 Code of Virginia of 1950, as amended, Section 2.2-4330 of the Code of Virginia: Withdrawal of bid due to error. (A). A bidder for a public construction contract other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The bidder shall submit to the public body or designated official his original work papers, documents and materials used in the preparation of the bid within one day after the date fixed for submission of bids. (B). the work papers shall be delivered by the bidder in person or by registered mail at or prior to the time fixed for the opening of bids. The bids shall be opened one day following the time fixed by the public body for the submission of bids. Thereafter, the bidder shall have two hours after opening of bids within which to claim in writing any mistake as defined herein and withdraw his bid. The contract shall not be awarded by the public body until the two-hour period has elapsed. Such mistake shall be proved only from the original work papers, documents and materials delivered as required herein.

(C). No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or another bidder in which the ownership of the withdrawing bidder is more than five percent. (D). If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid. (E). No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. (F). If the public body denies the withdrawal of a bid under the provisions of this section, if shall notify the bidder in writing stating the reasons for its decision.

2.11 REJECTION OF BIDS. The City of Petersburg reserves the right to waive informalities and to reject any or all bids.

SECTION 3 - AWARD AND EXECUTION OF CONTRACT

3.1 AWARD OF CONTRACT. The contract will be awarded or the bids rejected as soon as reasonably possible, but no later than sixty (60) days after the date of opening of bids, unless period of acceptance is otherwise extended at request of City of Petersburg and agreed to in writing by the bidder, or bidders. The contract will be awarded to the lowest responsive, responsible bidder, who shall be determined by the

Purchasing Agent in accordance with the provisions of the City Charter, the City Code, City Council and the laws of the Commonwealth of Virginia.

3.2 ENTERING CONTRACT. Upon award of the contract to a bidder, such bidder shall enter into a contract by signing and by furnishing the Bond for faithful performance as prescribed in paragraph 3.3 and the Certificate of Insurance as prescribed in paragraph 2.6 which are required to be procured by the

Contractor within such further time as the City of Petersburg may allow. All documents referred to are attached hereto.

3.2.1 No contract shall result from the submission of any bid and no liability shall occur with respect thereto until a written contract and accompanying documents have been fully and completely executed on the part of the successful bidder and the City of Petersburg. However, failure by the successful bidder to enter into a written contract shall cause the successful bidder to forfeit the full amount of the bid guarantee to the City of Petersburg. This provision is subject to the terms and conditions of paragraph 2.10 of this document.

3.2.2 Execution of Documents - All documents which the bidder is required to execute under these General

Conditions shall carry the signature of the president of the corporation, the corporate seal and shall be attested by the secretary of the corporation provided, however, if the board of directors of a corporation authorized another officer to act for the corporation, then a sealed and attested copy of such authorization shall accompany the signature of such other officer. In the case of an individual or partnership, the individual to be bound shall sign, and each partner to be bound shall sign the document or documents.

3.3 STANDARD PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND.

A. In case of a construction contract exceeding $50,000 awarded to any prime contractor, such contractor shall furnish to the City of Petersburg the following bonds:

1. A standard performance bond in the sum of the contact amount conditioned upon the faithful performance of the contract in strict conformity the plans, specifications and conditions of the contract.

2. A standard labor and material payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractor in the prosecution of the work provided for in such contract, and shall be conditioned upon the prompt payment for all such materials furnished or labor supplies or performed in the prosecution of the work. “Labor or Materials” shall include public utility services and reasonable rentals of equipment but only for periods when the equipment rented is actually used at the site.

B. Each of such bonds shall be executed by one or more surety companies selected by the contractor which are legally authorized to do business in Virginia.

C. Bonds shall be made payable to the City of Petersburg.

D. Each of the bonds shall be filed with the Purchasing Agent.

E. Nothing in this section shall prelude such contractor from requiring each sub-contractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such sub-contractor conditioned upon the payment to all persons who have and fulfill contracts which are directly with the sub-contractor for performing labor and furnishing materials in the prosecution of the work provided for in the sub-contract.

3.4 SUB-CONTRACTS. Before making any sub-contract, the Contractor must submit a written statement to the Architect or Engineer, and the Director of the Department of Public Works, with copy to the Purchasing Agent giving the name and address of the proposed sub-contractor, the portion of the work and materials which he is to perform and furnish and a statement in writing from such sub-contractor that he waived all rights to assert any claims, actual and/or consequential against the City of Petersburg allegedly arising from or growing out of any delays in the work schedule or any failure of the contractor to pay such sub-contractor any sums owed by the contractor to such sub-contractor.

3.4.1 If the Director of the Department of Public Works and the Architect or Engineer find that the proposed subcontractor is qualified, they will so advise the Purchasing Agent, who will notify the

Contractor in writing. The Director and Architect or Engineer may revoke approval of any subcontractor only for good cause. Notice of such revocation of approval will be given in writing to the Contractor by the Purchasing Agent.

3.5 SEPARATE CONTRACTS. The City of Petersburg reserves the right to let other contracts in connection with project, the work under which will proceed simultaneously with the execution of this

Contract. The Contractor shall afford other separate contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and the Contractor shall take all reasonable action to coordinate his work with theirs. If the work performed by the separate contractor is defective or so performed as to prevent the General Contractor from carrying out his work according to the plans and specifications, the Contractor shall immediately notify the Architect or Engineer upon discovering such conditions. Upon receiving notification, the Architect or Engineer shall take such appropriate steps as are necessary to allow the Contractor to carry out his work under this Contract, and appropriate extensions of time and change orders shall be given to the Contractor pursuant to Paragraph

4.2 and 5.12 for any delays and extra costs caused by the separate contractor’s failure of proper performance.

3.6 INDEMNITY. The Contractor shall, during the performance of the entire Contract and for year from the date after the substantial completion of the work, indemnity, reimburse and keep and hold the City of

Petersburg and is employees, free and harmless from liability on account of injury or damage to persons, including the Contractor’s employees and employees of each subcontractor, firms and corporations, including subcontractors, and property, growing out of or directly or indirectly resulting from the performance of the contract or any subcontract and the failure, refusal or neglect to comply with the provisions of the Contract,: and in the event that any suit or proceeding is brought against the City of

Petersburg, at law or in equity, either independently or jointly with the Contractor or a Subcontractor on account thereof, the Contractor shall defend the City of Petersburg in any such suit or proceeding at the cost of the Contractor; and in the event of a final judgment or decree being obtained against the City of

Petersburg, either independently or jointly with the Contractor or Subcontractor, then the Contractor shall pay such judgment or comply with such decree with all costs and expense of whatever nature and hold the

City of Petersburg harmless therefrom. The Contractor shall insure the liability assumed by him under this contract and have evidence of such insurance certified to the City of Petersburg on forms provided by the City of Petersburg, where such insurance is available. Nothing in the Section shall be deemed to be in conflict with the Code of Virginia (1950), as amended.

3.7 CONFLICTS WITH LAWS, RULES OR REGULATIONS. If any requirement of the Contract

Documents conflicts with the requirements of any governmental authority having jurisdiction over the project or the job site, then to the extent of such conflict, the Contract Documents shall be superseded by the applicable law, rule, or regulation.

SECTION 4 - PERFORMANCE OF CONTRACT

4.1 TIME. The Contractor must commence work as set forth in Paragraph 4 of the Invitation for Bid.

Time being the essence of this Contract, the Contractor shall prosecute the work diligently, using such means and methods of construction as will secure its full completion in accordance with the requirements of the Contract Documents not later than the date specified therefore or on the date to which the time for completion may be extended.

4.1.1 Unless the date of completion is extended pursuant to the provisions of paragraph 4.2 hereof, the

Contractor must complete the work covered by this Contract not later than the date specified.

4.1.2 The Architect or Engineer, with concurrence by the City of Petersburg, shall solely judge whether the work hereunder has been completed within the time stipulated.

4.1.3 It is mutually agreed between the parties that there will be on the part of the City of Petersburg substantial monetary damage in the event the Contractor should fail to complete the work within the time fixed for completion in the contract or within the time to which such completion may have been extended.

4.1.4 The amount per day set forth in the Invitation for Bid is hereby agreed upon as the liquidated damages for each and every calendar day that the time consumed for substantial completion of the work exceeds the time allowed therefore, (See Paragraph 1.9 for definition of substantial completion). The

Contractor further agrees that time is of the essence to the City of Petersburg. This amount of liquidated damages shall, in no event, be considered as a penalty or otherwise than as liquidated and adjusted damages to the City of Petersburg because of the said delay and the Contractor and his surety agree that the said sum per day for each such day shall be deducted and retained out of the monies which may become due hereunder, and, if not so deductible, the Contractor and his surety shall be liable therefor.

4.2 EXTENSION OF TIME. It is mutually agreed that no extension beyond the date of completion fixed by the terms of the Contract shall be effective unless granted in writing by the Purchasing Agent. An application by the Contractor for extension of time must be in writing; must set forth in detail the reasons and causes of delay and must be submitted to the Architect or Engineer within thirty (30) days following the last occurrence of the delay. The Architect or Engineer shall respond to Contractor’s Application for an Extension of Time in writing within ten (10) days following the receipt by him of the application, and such reply must set forth in detail the Architect’s or Engineer’s findings and the reasons therefore.

4.2.1 If such an application is made, the Contractor shall be entitled to an extension of time for delay in completion of the work should the Contractor be obstructed or delayed in the commencement, prosecution or completion of any part of said work by any act or delay of the City of Petersburg, or by acts of omission of other persons on this project, other than Contractors, subcontractors or sub-contractors, or by a riot , insurrection, war, pestilence, acts of public authorities, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessive inclement weather as indicated by the records of the local weather bureau for a five-year period preceding the date of the Contract, or by strikes, or other causes, which causes a delay, in the opinion of the Architect or Engineer, are entirely beyond the expectation and control of the Contractor, and concurred in by the City of Petersburg.

4.2.2 The Contractor shall be entitled to an extension of time for such causes as set out in 4.2.1 above only for the number of days of delay which are due solely to such causes and then only upon the approval of the City of Petersburg following a determination by the Architect or Engineer that the delays took place due solely to one or more of such causes and that the conditions actually delayed the completion of the project. It is hereby understood that the direction by the Architect or Engineer of the order and sequence of the work shall not in itself constitute a basis for extension of time.

4.2.3 No application for extension of time shall be approved unless it can be demonstrated that the

Contractor reasonable endeavored to carry out other phases of the work which were not affected by one or more of the conditions as set out herein before and for which an extension application has been filed.

4.2.4 The determination made by the City of Petersburg on an application for an extension of time shall be binding provided however, that the conditions set forth in Paragraph 9.1 shall apply to disputes in arriving on extensions of time.

4.2.5 The Contractor agrees to make no claim for consequential damages for delay in the performance of this Contract occasioned by any act or omission to act of the City of Petersburg or any of its representatives or because of any injunction which may be brought against the City of Petersburg or its representatives and the City of Petersburg agrees that the Contractor shall be fully compensated for direct expenses incurred, including job site overhead expenses, insurance and taxes related to expenses, and profit applied to the total reimbursable expenses, provided, however, that this section shall not apply to changes in the work as set forth in Paragraphs 5.12 and 5.12.1 of these General Conditions. Otherwise, the Contractor agrees to make no claim for damages, direct or consequential, for delay in the performance of this contract occasioned by any other reason whatsoever and further agrees that any such claim shall be fully compensated for by an extension of time and waives every right to bring an action for any latter damages.

4.3 PROGRESS SCHEDULE. To enable the work to be laid out and prosecuted in an orderly and expeditious manner, the Contractor, within fourteen (14) days after the authorization to proceed as set forth in Paragraph 3 of the Invitation for Bid, unless otherwise directed by the Architect or Engineer, shall submit to him a proposed progress schedule, showing the anticipated time of commencement and completion of each of the various operations to be performed under this Contract, together with all necessary and appropriate information regarding sequence and correlation of work and estimated time required for delivery of all materials and equipment required for the work, including a schedule of submission of shop drawings and samples. The proposed schedule shall be revised as directed by the

Architect or Engineer until finally approved by him, and, after such approval, shall be strictly adhered to by the Contractor, unless, upon written permission of the Architect or Engineer, it is changed, provided such change is agreed to by the City of Petersburg.

4.3.1 If the Contractor shall fail to adhere to the approved progress schedule or to the schedule as revised, he must promptly adopt such other or additional means and methods of construction as will make up for the time lost and will assure completion in accordance with such schedule.

4.3.2 If the Contractor’s progress is more than 10% behind his projected schedule, partial payments may be withheld until such time as the work is at least within 90% of the projected schedule and is so maintained for 30 days thereafter.

4.4 ARCHITECT’S OR ENGINEER’S STATUS. All work shall be done under the general observation of the Architect or Engineer. The Contractor shall carry out the work in accordance with the Contract

Documents. The construction means, methods, techniques, sequences or procedures or safety precautions and programs in connection with the work shall be at the direction and the responsibility of the Contractor.

However, the Architect shall have authority to and shall reject any and all work whenever it is necessary to do so in order to insure the proper execution of the work in accordance with the Contract Documents.

All orders from the City of Petersburg shall be transmitted through him. He shall be the final interpreter of the Contract Documents and Change Orders and he shall finally determine all other questions in connection with the Contract Documents, Change Orders and all other phases of the drawings and specifications. The Architect or Engineer shall have no authority to approve or order changes in the work which alter the terms or conditions of the Contract. The Architect or Engineer shall confirm in writing within fourteen (14) days any oral order, direction, requirement or determination.

4.4.1 As the Architect or Engineer is the interpreter of the Contract and the judge of its performance, he shall use his powers under the Contract to enforce faithful performance by the Contractor. It shall be the

Architect’s responsibility to verify that the Contractor’s schedule is adhered to strictly. Should the

Contractor’s progress fall behind the schedule established by the Contractor and approved jointly by the

City of Petersburg and the Architect, the Architect shall promptly notify the Contractor that the work must get back on schedule and further advise the City of Petersburg of the steps which the Contractor has taken to put the project back on schedule and maintain the schedule.

4.4.2 In case of the termination of the employment of the Architect or Engineer, the City of Petersburg shall appoint a capable and reputable Architect or Engineer. The status under the Contract of the Architect or Engineer so appointed shall be that of the former Architect or Engineer.

4.5 MATERIAL SERVICES AND FACILITIES. Unless otherwise noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, sanitary facilities and other services necessary for the proper execution and completion of the work.

4.6 DRAWINGS AND SPECIFICATIONS. The general character and scope of the work are illustrated by the drawings and specifications. Any additional detail and other information deemed necessary by the

Architect or Engineer will be furnished to the Contractor when and as required by the work.

4.6.1 In case of difference between small and large scale drawings, the large…