614204 - Amelia Co Site Impr - Bid Specs - 2023-01-08 (1).pdf

PROJECT MANUAL

VOLUME 1 OF 1

AMELIA COUNTY ELEMENTARY

SCHOOL SITE IMPROVEMENTS

AMELIA, VIRGINIA

ARCHITECT’S PROJECT NO.: 614204

ARCHITECT/ENGINEER RICHMOND, VIRGINIA

CIVIL ENGINEER RICHMOND, VIRGINIA

JANUARY 8, 2023

Amelia County Elementary School Site Improvements Amelia County School Board; Amelia, Virginia

Architect's Project No.: 614204

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

001100 Invitation to Bid

001100.01 Invitation to Bid Attachment A: Document VA100

002100 Instructions to Bidders (AIA Document A701) 004100 Bid Form 004313 Bid Bond (AIA Document A310) 004316 Prebid Question Form 004325 Substitution Request Form (During Bidding) 004513 Contractor's Qualification Statement (AIA Document A305)

004513.01 Contractor’s Qualification – Attachment A – Student Contact 005213 Standard Form of Agreement Between Owner and Contractor (AIA Document A101)

005213.01 Standard Form of Agreement – Exhibit A – Owner’s Insurance Requirements 006113 Performance Bond (AIA Document A312) 006113 Payment Bond (AIA Document A312) 007200 General Conditions of the Contract for Construction (AIA Document A201)

007200.01 Supplementary General Conditions of the Contract

SPECIFICATIONS

DIVISION 1 – GENERAL REQUIREMENTS

011000 Summary

012000 Price and Payment Procedures

012500 Substitution Procedures

Substitution Request Form (After Receipt of Bids)

013000 Administrative Requirements

013216 Construction Progress Schedule

014000 Quality Requirements

014200 Definitions and Reference Standards

015000 Temporary Facilities and Controls

016000 Product Requirements

017000 Execution and Closeout Requirements

017419 Construction Waste Management and Disposal

017800 Closeout Submittals

017900 Demonstration and Training

DIVISION 2 – EXISTING CONDITIONS

024113 Selective Site Demolition

DIVISION 3 – CONCRETE

NOT USED

DIVISION 4 – MASONRY

NOT USED

DIVISION 5 – METALS

NOT USED

DIVISION 6 – WOOD PLASTICS AND COMPOSITES

NOT USED

TABLE OF CONTENTS TOC - 2

DIVISION 7 – THERMAL AND MOISTURE PROTECTION

NOT USED

DIVISION 8 – OPENINGS

NOT USED

DIVISION 9 – FINISHES

NOT USED

DIVISION 10 – SPECIALTIES

NOT USED

DIVISION 11 – EQUIPMENT

NOT USED

DIVISION 12 – FURNISHINGS

NOT USED

DIVISION 13 – SPECIAL CONSTRUCTION

NOT USED

DIVISION 14 – CONVEYING SYSTEMS

NOT USED

DIVISION 21 – FIRE SUPPRESSION

NOT USED

DIVISION 22 – PLUMBING

NOT USED

DIVISION 23 – MECHANICAL

NOT USED

DIVISION 25 – INTEGRATED AUTOMATION

NOT USED

DIVISION 26 – ELECTRICAL

NOT USED

DIVISION 27 – COMMUNICATIONS

NOT USED

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

NOT USED

DIVISION 31 – EARTHWORK

311000 Site Clearing

312000 Earthwork (classified)

312500 Erosion Control

DIVISION 32 – EXTERIOR IMPROVEMENTS

321216 Asphalt Pavement

321212 Site Concrete

TABLE OF CONTENTS TOC - 3

321700 Pavement Markings, Signs, and Specialties

329200 Lawns and Grasses

DIVISION 33 – UTILITIES

334100 Storm Drainage

DIVISION 34 – TRANSPORTATION

NOT USED

END OF TABLE OF CONTENTS

INVITATION TO BID ITB – 1

INVITATION TO BID

Bid Request No. RFP#01172024

Sealed bids for construction of the Amelia County Elementary School Site Improvements, will be received in person, via regular mail by U.S. Postal Service, or via special courier service at 8701 Otterburn Rd., Amelia, Virginia, until but no later than 2:00:00 p.m., local prevailing time, February 8, 2024, and then publicly opened and read immediately thereafter.

Bids received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. Bidders are responsible for ensuring their Bid is received before the deadline indicated. Bids submitted by telephone, text message, email, , or facsimile shall not be accepted.

The Work generally consists of site work extending the paved portion of carpool lines in the western portion of the site in front of the Elementary School and extending the paved portion of the bus loop on the southeastern side of the site to the rear of the Elementary School.

A non-mandatory pre-bid conference will be held at 10:00 a.m, on Friday, January 26, 2024, in the parking lot of Amelia County Elementary School, 8533 N 5 Forks Rd, Amelia Court House, VA 23002. Pre-bid questions will not be answered at the pre-bid conference; submit questions via the process below to allow for record-keeping.

Bidders may obtain Bidding Documents electronically and submit Pre-Bid Questions by visiting www.moseleyarchitects.com. At the top of the website select “Bidding,” and find the applicable project.

To obtain Bidding Documents select the “Bid Documents” link and complete the Bid Documents Request Form to receive a key that will allow access to the documents. To submit a pre-bid question, select the “Submit a Question” link.

Only Bidders or entities who obtain Bid Documents through Moseley Architects via the electronic process above will be considered Planholders. All others who obtain electronic Bid Documents or hard/paper Bid Documents through other means, including Plan Rooms, other Contractors, Owner, or third-party websites (ConstructConnect, Dodge, iSqFt., etc) are not considered Planholders. Only Planholders will be notified of Addenda.

Refer to the Instructions to Bidders and Supplemental Instructions to Bidders for bidding procedures and requirements.

END OF INVITATION TO BID

http://www.moseleyarchitects.com/

"General Decision Number: VA20230100 01/06/2023

Superseded General Decision Number: VA20220100

State: Virginia

Construction Type: Highway

County: Amelia County in Virginia.

HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction;

bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction;

and other major bridges).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $16.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2023. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2023

ELEC0080-011 12/01/2021

Rates Fringes

ELECTRICIAN, Includes Traffic Signalization....................$ 30.55 11.51

SUVA2016-036 07/02/2018

Rates Fringes

CARPENTER, Includes Form Work....$ 19.22 0.00

CEMENT MASON/CONCRETE FINISHER...$ 16.03 ** 0.00

IRONWORKER, REINFORCING..........$ 20.80 0.00

IRONWORKER, STRUCTURAL...........$ 27.38 0.00

LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 19.21 2.82

LABORER: Common or General......$ 14.28 ** 0.00

LABORER: Grade Checker..........$ 14.88 ** 0.00

LABORER: Pipelayer..............$ 17.76 0.00

LABORER: Power Tool Operator....$ 15.69 ** 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 18.31 2.91

OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 19.16 4.45

OPERATOR: Broom/Sweeper.........$ 17.40 2.01

OPERATOR: Crane.................$ 24.42 4.69

OPERATOR: Drill.................$ 24.66 0.00

OPERATOR: Gradall...............$ 19.26 0.00

OPERATOR: Grader/Blade..........$ 23.21 0.00

OPERATOR: Hydroseeder...........$ 16.64 0.00

OPERATOR: Loader................$ 17.17 0.00

OPERATOR: Mechanic..............$ 21.43 0.00

OPERATOR: Milling Machine.......$ 23.12 3.60

OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 20.32 0.00

OPERATOR: Piledriver............$ 21.83 4.08

OPERATOR: Roller (Finishing)....$ 19.05 1.29

OPERATOR: Roller................$ 21.69 0.00

OPERATOR: Screed................$ 22.13 4.89

OPERATOR: Asphalt Spreader and Distributor..................$ 19.09 1.81

OPERATOR: Bulldozer, Including Utility................$ 18.22 2.69

TRAFFIC CONTROL: Flagger.......$ 12.89 ** 0.00

TRUCK DRIVER : HEAVY 7CY &

UNDER............................$ 15.53 ** 0.00

TRUCK DRIVER: Fuel and Lubricant Service................$ 18.25 0.00

TRUCK DRIVER: HEAVY OVER 7

CY...............................$ 16.98 0.00

TRUCK DRIVER: Single & Multi Axle.............................$ 18.23 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISIO"

BID FORM BF - 1

BID FORM

Amelia County Elementary School Site Improvements

BID REQUEST NO.: RFP#01172024

DATE: ________________________________

TO: Mr. Bo Lynch, Director of Operations

Amelia County Public Schools

8701 Otterburn Rd., Amelia VA 23002

FROM:

Bidder’s Name

Bidder’s Address

Bidder’s Address

FOR: AMELIA COUNTY ELEMENTARY SCHOOL SITE IMPROVEMENTS

Having carefully examined the site, and all of the Bidding and Contract Documents, and in compliance with the “Invitation to Bid,” and “Instructions to Bidders,” the undersigned proposes to provide all labor, materials, supplies, equipment, services, and perform all Work necessary for the construction of this Project in accordance with the Bid Documents, dated January 8, 2024 prepared by Moseley Architects, PC.

Complete this Bid Form in blue or black ink or by computer. Discrepancies in the multiplications of units of work and the unit prices will be resolved in favor of the correct multiplication of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

PART A: BASE BID PRICE:

The Base Bid Price includes all Work required by and in strict accordance with the Bid Documents for this

Project, for the Lump Sum of:

$ (Figures only).

PART B: LUMP SUM ALLOWANCES: (Reference Section 0121100 – Sitework Allowances)

1. Allowance A: Firelane Striping and Signage: $ 1,200.00

PART C: QUANTITY ALLOWANCES: (Reference Sections 012110 – Sitework Allowances)

1. Quantity Allowance A: Additional Excavation, on-site disposal and backfill:

Estimated quantity of 250 c.y. at $________ per c.y. (in-place unit price/measure) =

$________________ (Figures only).

BID FORM BF - 2

2. Quantity Allowance B: Crushed stone (VDOT #1, #3, and/or #7)

Estimated quantity of 50 tons. at $________ per ton. (in-place unit price/measure) =

$________________ (Figures only)

3. Quantity Allowance C: Concrete Sidewalk, in place:

Estimated quantity of 10 s.y. at $________ per s.y. (in-place unit price/measure) =

$________________ (Figures only)

4. Quantity Allowance D: Mass Rock Excavation, off-site disposal and backfill:

Estimated quantity of 50 c.y. at $________ per c.y. (in-place unit price/measure) =

$________________ (Figures only).

5. Quantity Allowance E: Geotechnical Fabric

Estimated quantity of 200 s.y. at $________ per s.y. (in-place unit price/measure) =

$________________ (Figures only)

TOTAL BASE BID PRICE

(inclusive of Part A Base Bid Price + all Part B Lump Sum Allowances + all Part C Quantity

Allowances) =

$_____________________________________________________ Figures only.

ALTERNATE BID PRICE: (Reference Section 012300 – Alternates)

1. Alternate #1 Bid Price: Bus Loop Expansion: Provide all work associated with Alternate #1, Bus

Loop Expansion, in strict accordance with the Bid Documents; Lump Sum + Lump Sum

Allowances + associated Quantity Allowances

$ (Figures only)

RECEIPT OF ADDENDA

We acknowledge the receipt of the following Addenda:

Addendum No. , dated

Addendum No. , dated

Addendum No. , dated

Addendum No. , dated

BID FORM BF - 3

TIME OF COMPLETION

Based upon a Notice to Proceed within thirty (30) calendar days from the opening of the bid, Work included in this Contract shall be Substantially Complete no later than August 1, 2024 and finally complete no later than thirty (30) calendar days thereafter.

LIQUIDATED DAMAGES

Liquidated Damages (refer to General Conditions for additional information): $1,500.00 per calendar day.

REGISTRATION

The Undersigned is a licensed Class A Contractor in accordance with applicable state statutes and regulations, as amended, Certificate No. _________________, dated ____/____/____. A Class A

Contractor License is required for this project.

A bid by a corporation shall further give the State of incorporation ___________________, State

Corporation Commission ID number ___________________, and have the corporate seal affixed in the space provided herein.

CERTIFICATION

I certify that the firm name given below is the true and complete name of the Bidder and that the Bidder is legally qualified and licensed, to perform all Work included in the scope of the Contract.

Legal Name of Bidder (Company)

Bidder’s (Company) Address

Corporate

Seal

Signature (Signature of person(s) legally authorized to bind Bidder (Company) to this Contract)

By:

(Typed or printed Name(s) of Person(s) Signing)

Title:

(Typed or printed Title(s) of Person(s) Signing)

Telephone Number: E-mail:

(include Area Code) (of person indicated above)

(This form may be reproduced in exact detail)

END OF BID FORM

AMELIA COUNTY ELEMENTARY SCHOOL SITE IMPROVEMENTS

PREBID QUESTION FORM PBQ-1

PREBID QUESTION FORM

Only questions requiring a modification or interpretation to the Bidding Documents by an addition, deletion, clarification, or correction, will be made by written Addendum, and transmitted to

Planholders of Record. Questions that do not require a modification or interpretation to the

Bidding Documents will not be responded to and will not be included in an Addendum.

The Architect and Owner shall not be responsible for oral modifications and interpretations.

Bidders and Sub-bidders requesting a modification or interpretation by addition, deletion, clarification, or correction of the Bidding Documents shall complete and submit this form which shall reach the Architect no later than seven (7) calendar days prior to the date scheduled for receipt of bids. Use a separate form for each question submitted.

DATE: _____________________________

The following question concerns Drawing (number)_________________:

The following question concerns Specifications Section (number) ________________, page _________, paragraph ________________:

Questions submitted by:

Name Organization

Telephone No. (___) e-mail Address:

email PDF version of Form to: Chris Brown, cbrown@moseleyarchitects.com

This form is available on https://www.moseleyarchitects.com/bidding/ Click on “Submit a

Question.”

https://www.moseleyarchitects.com/bidding/

Form of Agreement Exhibit A - Insurance Requirements 005213.01 - 1

SECTION 005213.01

FORM OF AGREEMENT EXHIBIT A – INSURANCE & BOND REQUIREMENTS

ARTICLE 1 CONTRACTOR'S INSURANCE & BONDS

1.01 GENERAL

A. Contractor shall provide and maintain insurance and bond coverages per the requirements herein, and in accordance with requirements of Article 11 of AIA Document A201. In the event of overlap or conflict, the A201 shall govern.

B. The Contractor shall provide a summary of insurance coverages on an ACORD 25 Certificate of Insurance (COI) or other industry standard form of certificate.

C. Form of Bond for Payment and Performance Bonds: Document AIA A312; sample form of bond is included in the Bidding and Procurement documents.

D. All insurance and bond coverage shall be provided through a company or companies with an “A” or better rating, and licensed in the state where the Project is located.

E. All General Liability, Automobile, and Umbrella insurance shall designate the Owner, Architect, and Architect's consultants as additional insureds.

F. General Liability shall not exclude explosion (X), collapse (C), or underground (U) coverages.

G. Automobile Liability shall include coverage for Owned, Non-Owned, and Hired autos.

H. The Contractor shall maintain Completed Operations coverage for two (2) years from the date of Substantial Completion.

1.02 INSURANCE COVERAGE LIMITS

A. The Contractor shall provide the following minimum coverages:

1. Comprehensive General Liability:

a. $1,000,000 – Each Occurrence.

b. $500,000 – Damage to Rented Premises.

c. $10,000 – Medical Expense (Any One Person).

d. $1,000,000 – Personal and Advertising Injury.

e. $2,000,000 – General Aggregate.

f. $2,000,000 – Products and Completed Operations Aggregate Limit.

g. $100,000 – Fire Damage.

2. Comprehensive Business Automobile Liability:

a. $1,000,000 – Each Occurrence.

3. Worker's Compensation: Per statutory limits of the state where the project is located.

4. Employer Liability for Participants not covered by Worker's Compensation:

a. $100,000 – Employer Liability – Each Accident.

b. $100,000 – Employer Liability – Disease – Each Employee.

c. $500,000 – Employer Liability – Disease – Policy Limit.

5. Umbrella Coverage:

a. $1,000,000 - Each Occurrence.

b. $5,000,000 - Aggregate.

6. Builder's Risk:

Form of Agreement Exhibit A - Insurance Requirements 005213.01 - 2

a. New Construction (including Additions): The Contractor shall insure 100% of the original Contract amount.

b. Renovations: For renovation of existing structures, the Owner shall provide and maintain Builder's Risk insurance on the existing facility, with the Contractor being responsible for the first $10,000 of any claim.

7. Pollution:

a. $1,000,000 - Each Occurrence.

b. $2,000,000 - Aggregate.

1.03 BONDS

A. The Contractor shall provide the following:

1. Performance Bond: 100 percent of the Contract Sum.

2. Payment Bond: 100 percent of the Contract Sum.

END OF EXHIBIT A – INSURANCE AND BOND REQUIREMENTS

007200.01 - Supplementary General Conditions of the Contract 01/11/2024

007200.01 SUPPLEMENTARY GENERAL CONDITIONS OF THE CONTRACT

This document supplements, modifies, changes, deletes from or adds to the “General Conditions of the Contract for Construction,” AIA Document A201, 2017. Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect.

ARTICLE 1: GENERAL PROVISIONS

DELETE THE LAST SENTENCE OF SUPARAGRAPH 1.1.1 AND SUBSTITUTE THE FOLLOWING:

1.1.1 The Contract Documents shall include the bidding documents including, but not limited to, the Invitation for Bids, and the Bid Form.

ADD THE FOLLOWING NEW SUB-SUBPARAGRAPH AFTER SUBPARAGRAPH 1.1.2:

1.1.2.1 General Provisions: Nothing in any resulting Contract shall be construed as authority for either party to make commitments which will bind the other party beyond the scope of service contained herein.

The Contract and the obligations of the Owner are contingent upon sufficient funding of the Project, and the Owner shall be bound under the Contract only to the extent that there are funds available to perform its obligations under the Contract.

DELETE THE LAST SENTENCE OF SUBPARAGRAPH 1.1.3 AND ADD THE FOLLOWING TO THE END OF

THE FIRST SENTENCE:

1.1.3. …including any subcontractor’s and sub-subcontractor’s work and material suppliers or any other entity for which the Contractor is responsible and whether on or off the site of the Project.

ADD THE FOLLOWING NEW SUBPARAGRAPHS AS FOLLOWS:

1.1.9 The term “product” includes materials, systems and equipment.

1.1.10 The term “provide” includes furnishing and installing a product, complete in place, operating, tested and approved.

1.1.11 The term “building code” and the term “code” refer to regulations of governmental agencies having jurisdiction.

1.1.12 The term “similar” means in its general sense and not necessarily identical.

1.1.13 The terms “shown”, “indicated”, “detailed”, “noted”, “scheduled” and terms of similar import refer to requirements contained in the Contract Documents.

ADD THE FOLLOWING SUBPARAGRAPHS, 1.2.4, 1.2.5, 1.2.6, 1.2.7 AND 1.2.8 TO 1.2:

1.2.4 The Drawings are not intended to be rigid in specific details where such details may be in conflict with recommendations of the manufacturer of the equipment actually provided. The Work includes making such modifications in the designs indicated or specified as may be required to cause all Work to conform to such recommendations.

1.2.5 The drawings are schematic, and in some cases are not to scale. Work may be detailed in diagrammatic format and require field layout and coordination with other trades. Do not proceed with work of any trade until coordinated with other trades. Conflicts due to layout will be resolved at the Contractor’s expense. All work shall be done according to dimensions and notes on the drawings. Do not scale drawings.

1.2.6 Equipment and materials specified herein shall be furnished complete with all features normally provided with such items, although all features of design and construction may not be specified in complete detail. Such features shall be subject to the approval of Architect and shall include all standard accessories and appurtenances normally provided or which are required for safe operation.

1.2.7 Where references are made throughout the specifications to standards or specifications of trade associations, standards and testing organizations, or to the directions, recommendations or specifications of manufacturers, in all cases the latest approved printed copies of these items shall apply, and all Work shall be done in accordance therewith. Applicable portions of standards listed that are not in conflict with Contract Documents are hereby made a part of the specification. Any variations or conflicts in the specifications and referenced standards, directions and specifications must be called to the Architect’s attention before beginning the Work. Applicable portions of standards listed that are not in conflict with Contract Documents are hereby made a part of the Specifications.

1.2.8 Modifications or exceptions to standards shall be considered as amendments, and unmodified portions shall remain in full effect.

ADD THE FOLLOWING TO SECTION 1.4:

1.4.1 Wherever in the Contract Documents the words “as approved,” “as directed,” “as required,” “acceptable,” satisfactory,” and words of like importance are used with reference to the Work or its performance, and without further qualification, it shall mean as approved, as directed, as required by the Architect and acceptable or satisfactory to the Architect.

1.4.2 Should a conflict be found in the Contract Documents, the Architect shall interpret or construe the Contract Documents so as to secure the most substantial and complete performance of the Work. In the event of conflicts within the drawings, between specifications and drawings, or within specifications, the most stringent requirement (which is generally recognized to be the most costly) is intended and will be enforced.

1.4.3 The general character of the detailed work is shown on the Drawings, but minor modifications may be made on the Shop drawings or markups. Any details shall be worked out in relation to their location and their connection to other parts of the Work. Where details or conditions are indicated but started only, such details or conditions shall be continued throughout the courses or parts in which they occur and shall also apply to all other similar parts in the Work unless otherwise indicated or specifically noted.

1.4.4 Portions of the Specifications have been written in the so-called “abbreviated” style of which such phrases as “the Contractor shall” or “shall be”, etc., have been omitted, and similarly so with the notes on the drawings. Where the sense of the sentence or statement implies the inclusion of the above phrase, it shall be construed to be so included.

ADD THE FOLLOWING NEW SUB-SUBPARAGRAPH AFTER SUBPARAGRAPH 1.5.1 AS FOLLOWS:

1.5.1.1 Any reports, studies, photographs, negatives, or other documents prepared by Contractor in the performance of its obligations under any resulting contract shall be remitted to the Owner by the Contractor upon completion, termination or cancellation of this Contract. Contractor shall not use, willingly allow or cause to have such materials used for any purpose other than performance of Contractor’s obligations under this Contract without the prior written consent of the Owner. The Owner shall own the intellectual property rights to all materials produced under this Contract.

SUPPLEMENT SUBPARAGRAPH 1.6.1 AS FOLLOWS:

1.6.1 All requests, notices and other communications required or permitted to be given under this Contract shall be in writing and delivery thereof shall be deemed to have been made when such notice shall have been either (a) duly mailed by first-class mail, postage prepaid, return receipt requested, or any comparable or superior postal or air courier service then in effect, or (b) transmitted by hand delivery, telegram, telex, telecopier or facsimile transmission, to the party entitled to receive the same at the address indicated below or at such other address as such party shall have specified by written notice to the other party. Notices to the Owner shall be sent to:

Dr. Lori Harper Division Superintendent Amelia County Public Schools 8701 Otterburn Road Suite 101 Amelia, Virginia 23002

And

Nicole S. Cheuk, Esquire School Board Attorney Sands Anderson, PC

P. O. Box 1998 Richmond, VA 23218-1998

ARTICLE 2: OWNER

DELETE SUBPARAGRAPH 2.1.2 IN ITS ENTIRETY.

DELETE SUBPARAGRAPH 2.2.1 IN ITS ENTIRETY.

DELETE THE LAST SENTENCE OF SUBPARAGRAPH 2.2.2.

DELETE SUBPARAGRAPH 2.2.3 IN ITS ENTIRETY.

MODIFY SUBPARAGRAPH 2.3.3 AS FOLLOWS:

2.3.3 Delete the words “to whom the Contractor has no reasonable objection and”.

DELETE SUBPARAGRAPH 2.3.4 IN ITS ENTIRETY AND SUBSTITUTE THE FOLLOWING:

2.3.4 The Contractor shall be responsible to verify the accuracy of the site’s physical characteristics, legal limitations and utility locations and bring to the attention of the Owner and Architect any discrepancies discovered that may affect the Work.

ADD THE FOLLOWING TO THE END OF PARAGRAPH 2.3.5 AS FOLLOWS:

2.3.5 Failure of the Owner to notify the Contractor of necessary corrections or to stop Work shall not relieve the Contractor of any responsibilities or obligations of the Contract Documents.

ADD THE FOLLOWING SUBPARAGRAPH 2.4.1:

2.4.1 In case of failure to deliver goods or services in accordance with the Contract terms and conditions, Owner, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which Owner may have.

ADD THE FOLLOWING SUBPARAGRAPH 2.6:

2.6 ADDITIONAL RIGHTS

The rights stated in Article 2 shall be in addition to and not in limitation of any other rights of the Owner granted in the Contract Documents or at law or in equity.

ARTICLE 3: CONTRACTOR

ADD THE FOLLOWING TO THE END OF THE THIRD SENTENCE IN SUBPARAGRAPH 3.1.1:

3.1.1 …, but such designation shall not prevent the Owner or the Architect from relying on others who have apparent authority to act on behalf of the Contractor.

DELETE SUBPARAGRAPH 3.2.1 AND REPLACE WITH THE FOLLOWING:

3.2.1 By signing and delivery of this Contract, the Contractor acknowledges that the Contractor has fully acquainted itself with all provisions and requirements of the Contract Documents, that the Contractor has visited and inspected the job site and building area in which the Work is to be performed, that the Contractor has satisfied itself as to the nature and location of the Work, including any obstructions, amount of work, actual level, the equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under this Contract. Any failure by the Contractor to acquaint itself with such information will not relieve the Contractor from the responsibility for successfully performing the Work.

ADD THE FOLLOWING TO SUBPARAGRAPH 3.4.2:

3.4.2.1 Any substitutions or changes in materials or methods shall be approved before being used in this work.

MODIFY SUBPARAGRAPH 3.5.1 AS FOLLOWS:

3.5.1 Amend this paragraph by adding the word “proximately” between the word “defect” and the word “caused” in line six.

ADD THE FOLLOWING TO PARAGRAPH 3.5:

3.5.3 Except as otherwise specified for a longer period in the Contract Documents, all Work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of Substantial Completion of the Work. Within this guarantee period, the Contractor shall further guarantee that all movable or adjustable Work shall remain in perfect working order, including (but to limited to) hardware, weather-strips, doors, windows, apparatus, machinery, electrical equipment and all other mechanical equipment, but the guarantee shall not apply to Work which has been abused or not maintained by the Owner or its successors in interest as instructed by the Contractor. At the end of the 11th month from the commencement of the warranty period, the Contractor shall schedule a walk-through inspection with the Owner and Architect to identify any warranty items to be corrected under such warranty period. Nothing in this section shall relieve the Contractor from correcting defective work that did not comply with the Contract Documents. If any work is determined to be defective, the Contractor will be responsible to correct the work whenever the defect is discovered.

3.5.4 The guarantee period for any system or systems on which required tests have not been successfully performed as of the Date of substantial completion for the Work, due to seasonal or other limitations, shall begin after the required tests have been successfully performed.

3.5.5 Any goods or services furnished by the Contractor under the Contract shall be covered by the most favorable warranties provided by the Contractor to any customer; the rights and remedies hereby provided are in addition to any and do not limit those otherwise available to the Owner. The Contractor agrees that if such warranties are in any respect breached, the Contractor will pay to the Owner the full Contract price agreed to by the Owner to be paid for the supplies, materials, equipment or services furnished under the bid or proposal.

3.5.6 See technical specifications for any additional warranty requirements which are incorporated here by reference.

3.5.7 The Contractor shall, prior to final payment, deliver to the Owner in writing a complete and unconditional guarantee on all work performed under this Contract. The Guarantee shall insure the prompt repair, replacement, or correction of any defective item or condition which might exist or develop. In addition, the Contractor shall deliver to the Owner any bonds, guarantees or warranties issued by the manufacturers on items of equipment furnished under this Contract. Where guarantees or warranties are written in any division of Specifications for a period of more than two years, such longer terms shall apply.

3.5.8 The Contractor shall adequately respond to all warranty work within twenty-four (24) hours of notification or the Owner shall have the work repaired by others and backcharge to the Contractor.

The Contractor shall adequately respond to emergency situations within 2 hours, immediately upon notification and supply results of the findings with remedy to the Owner in a timely manner for trending purposes.”

ADD THE FOLLOWING TO PARAGRAPH 3.6:

3.6.1 The Contractor shall pay all County, City, State and Federal taxes required by law resulting from the Work or traceable thereto, under whatever named levied. Said taxes shall not be in addition to the Contract Price between Owner and Contractor, as the taxes shall be an obligation of the Contractor and not of the Owner, and the Owner shall be held harmless for same by the Contractor.

DELETE SUBPARAGRAPH 3.7.1 AND REPLACE WITH THE FOLLOWING:

3.7.1 The Contractor shall secure and pay for all applicable permits, governmental fees and licenses necessary for the proper execution and completion of the Work, including but not limited to, erosion control bonds and land disturbance permits.

ADD THE FOLLOWING LANGUAGE TO THE END OF SUPARAGRAPH 3.7.4:

3.7.4 If the Contractor performs Work that he knows or should know to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the costs of conforming the Work to such laws, statutes, ordinances, building codes, rules and regulations.

SUPPLEMENT PARAGRAPH 3.10 BY ADDING THE FOLLOWING:

3.10.4 The Contractor’s construction schedules shall be submitted by the Contractor to the Architect within thirty (30) calendar days following the execution of the contract, on a form approved by the Architect for review and approval by the Owner before the Pre-Construction Conference. Such schedules shall be furnished showing completed Work at the end of each month in respect to the entire Project. The form, properly filled out, shall indicate percentage of Work completed each month, and shall be submitted with the monthly Application for Payment to the Architect. In addition to Work completed on the site, the form (or an attached letter) shall indicate the status of work off-site.

3.10.4.1 The Contractor shall submit to the Owner and the Architect, the Contractor’s Construction Schedule in electronic and hard copy form before submission of the first application for payment. The Contractor’s Construction Schedule shall be subject to acceptance by the Owner and the Architect as providing an orderly progression of the Work to completion with the specified milestones and the Contract time, but such acceptance shall neither impose on the Owner and the Architect responsibility for the progress or scheduling of the Work, nor relieve the Contractor from full responsibility therefore. The Contractor’s Construction Schedule shall provide an orderly progression of the Work to complete within the specified milestones and the Contract time. The Contractor’s Construction Schedule shall be prepared in a critical path method (CPM) network format and shall have the critical path clearly indicated. The Architect or its consultant shall provide the Contractor with the results of the schedule review. The Contractor shall revise as necessary, and resubmit to the Owner and the Architect, the Construction Schedule. No progress payments shall be processed or paid until the Contractor’s Construction Schedule has been properly prepared and submitted by the Contractor.

3.10.4.1.1 Upon the acceptance of the changes to the Construction Schedule by the Owner, the Contractor and Owner shall sign on the face of the Construction Schedule CPM Network, which shall then indicate the acceptance of the Construction Schedule (discussed hereinafter).

3.10.4.1.2 Acceptance by the Owner of the Contractor’s Construction Schedule will be a condition precedent to the making of any progress payments under the Contract after the first sixty (60) calendar days of the Contract.

3.10.4.2 The Work shall be executed at such a rate as will assure meeting the specified Substantial Completion date(s) within the time/dates provided in the specifications. By execution of the Contract, the Contractor represents it has analyzed the Work, the materials and methods involved, the systems of building, availability of qualified labor, restrictions of the site, constraints imposed, workload and capacity to perform the Work, and agrees that the specified times are reasonable considering the existing conditions prevailing in the locality of the Work, including weather conditions, and other factors, with reasonable allowance for variations from average or ideal conditions.

3.10.4.3 The Substantial Completion date(s) provided are considered essential to the satisfactory performance of this Contract and to the coordination of all Work on the Project. The Owner reserves the right to require the Contractor to prosecute the Work in accordance with the Contractor’s Construction Schedule and satisfactorily complete the Work by the Substantial Completion date.

The Contractor is responsible to provide the operations, manpower, resources, materials, and all items and work necessary to complete the Work and meet the Substantial Completion and Final Completion dates provided. The Contractor understands and agrees that: the Substantial Completion, Final Completion, actual start and completion dates, rate of progress, and coordination are essential conditions of this Project. It is understood and agreed that TIME IS OF THE ESSENCE and the Contractor agrees to diligently follow and adhere to the Schedule with due diligence so as to execute the Work within the Substantial Completion and Final Completion dates and time frames stipulated in the Contract Documents. The Contractor shall, at no additional cost to the Owner, take all necessary steps, including overtime, double shifts, weekends, and holiday work to complete this Work and meet the Substantial Completion and Final Completion dates stipulated in the Contract Documents.

3.10.5 Should any of the following conditions exist, the Contractor shall, at no extra cost to the Owner, prepare a Short Term Recovery Schedule to describe in detail how he will regain compliance with the originally approved Contractor’s construction schedule:

a. If the Work is ten days behind the approved Schedule.

b. If the Contractor proposes a change in the approved Schedule.

Until such Recovery Schedule is approved, the Architect may decline to certify payment in accordance with Article 9.5.1 of the General Conditions.

ADD THE FOLLOWING TO THE END OF SUBPARAGRAPH 3.12.1:

3.12.1 Straight reproduction of the Contract Documents, or any portion thereof, shall not be acceptable.

Shop drawings shall be developed by the contractor or manufacturer specifically for the project.

ADD THE FOLLOWING TO SUBPARAGRAPH 3.12.5:

3.12.5.1 All copies of shop drawings submitted for approval shall bear the following statement: “Checked and certified correct for conformance with Contract Documents.” This statement shall be dated and signed by the General Contractor and shall appear on each submittal. Any submittal without the aforementioned statement shall be returned with no action taken. One copy of each approved submittal shall be kept at job site at all times.”

3.12.5.2 The Contractor shall be responsible for the satisfactory construction of all Work in accordance with the quantities, dimensions, and designs shown in the Contract documents and the furnishing of all materials necessary for the Work and required by the Contract Documents even if not indicated on the submittals that have been approved by the Architect.

3.12.5.3 Before submitting shop drawings and samples, the Contractor shall review all shop drawings and samples for the completeness and accuracy. Shop drawings and samples shall be submitted in a timely and orderly sequence. At the time of submission, the Contractor shall direct in writing specific attention to any and all deviations in the Shop Drawings or Samples from the requirements of the Contract Documents. All submissions shall be made within sixty (60) days of the Notice to Proceed.

ADD THE FOLLOWING TO THE END OF SUBPARAGRAPH 3.12.8:

3.12.8 Failure to so notify the Architect in writing of such deviations shall constitute just cause for rejection of samples and Shop Drawings, including all finished work resulting therefrom, at any time during the construction and up through the prescribed guarantee period. The Architect’s acceptance of samples and Shop Drawings is made with the understanding that such Shop Drawings and samples conform with, and do not deviate from the Contract Documents unless Architect is so informed in writing at the time of submittal thereof.

SUPPLEMENT PARAGRAPH 3.13 BY ADDING THE FOLLOWING:

3.13.1 Unless otherwise indicated on the drawings or as directed by the Owner, the property lines shall be the limits of construction and all Work shall be confined therein, including the storage of materials and equipment at the site.

SUPPLEMENT SUBPARAGRAPH 3.14.1 BY ADDING THE FOLLOWING:

3.14.1 Only appropriate, qualified Subcontractors and skilled tradesmen shall do the Work.

ADD THE FOLLOWING SUBPARAGRAPHS TO 3.14:

3.14.3 No alteration of structural members shall be done without the prior approval of the Architect of the specific nature, size and location of such alteration. Approval to alter structural members shall not be construed to affect the Contractor’s responsibility for the adequacy of the strength of such members providing such alteration be performed in accordance with the Architect’s approval.

3.14.4 If new or existing structures, facilities, utilities, streets, curbs, walks, or other items that may not be on-site but are part of the Work are damaged or removed through the execution of the Work they shall be repaired, replaced, or made good by the Contractor to the satisfaction of the Owner, the Architect, utility, or authority of the damaged or removed Work. If the utility or authority requires that the repairs or replacement be performed by their own labor and/or with their own materials the Contractor shall pay the utility or authority for such Work.

MODIFY SUBPARAGRAPH 3.15.1 AS FOLLOWS:

3.15.1 Add the word “all” between the words “remove” and “waste.”

MODIFY SUBPARAGRAPH 3.15.2 AS FOLLOWS:

3.15.2 delete “Owner shall be entitled to reimbursement from the Contractor” and add “the cost thereof shall be charged to the Contractor and may be deducted from funds paid to the Contractor, or the Contractor shall pay the amount due within ten (10) days of the date of any statement of amounts due.”

MODIFY SUBPARAGRAPH 3.16 AS FOLLOWS:

Add “at all times and without limitation” in line one after “The contractor shall. . .”

MODIFY SUBPARAGRAPH 3.17 AS FOLLOWS:

3.17 Amend the second sentence of subparagraph 3.17 by inserting a period after the words “account thereof” in the second line and delete the remainder of the second sentence.

Modify the third sentence to read “If the Contractor has reason to believe that any required design, process or product is an infringement of a patent, the Contractor shall not be responsible for any such loss if such information is promptly furnished to the Architect and the Owner in writing.”

MODIFY SUBPARAGRAPH 3.18.1 AS FOLLOWS:

3.18.1 In the first line, add a comma and the word “defend” after the word “indemnify.”

In the fifth line, delete “(other than the Work itself), but only to the extent. . .”

In the sixth line, add the words “materialman, supplier,. .