824765splashColhgts.pdf

CITY OF COLONIAL HEIGHTS, VIRGINIA

INVITATION FOR BID: 26-052902-7160

SPLASH PAD INSTALLATION AT FLORA HILL PARK

300 RICHMOND AVENUE, COLONIAL HEIGHTS VA

SEALED BID DUE DATE:

MAY 29, 2026, 2:00 PM EDT

City of Colonial Heights Contacts:

LARRY MELVIN, PURCHASING AGENT: (804) 520-9333, melvinl@colonialheightsva.gov

MATT SPRUILL – DIRECTOR OF PARKS AND RECREATION/PROJECT MANAGER

OFFICE: 804-520-9392 CELL: 804-720-8365

spruillm@colonialheightsva.gov

City of Colonial Heights Finance / Purchasing Department

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

Larry H. Melvin, Purchasing Agent

(804) 520-9333 MelvinL@colonialheightsva.gov

May 15, 2026, INVITATION # 26-052902-7160

Sealed bids, subject to the plans, specifications and conditions contained herein and attached hereto, will be received at the above office until, but no later than 2:00 PM EDT, May 29, 2026 for a water splash pad installation at Flora Hill Park, 300 Richmond Avenue, Colonial Heights VA. Bids must be placed in a sealed envelope clearly marked with the bid and/or contract number, bid date and time, and the name and address of the bidder.

Your bid to be considered must be submitted on copy of this Invitation to Bid in the places provided. Please keep a duplicate copy for your records. Bidders shall sign this form in the spaces provided without detaching from rest of bid and must return bid in its entirety to the above noted office/address. Bids shall be returned in a sealed envelope marked with the above Invitation Number, Bid Date and Project Name.

Time is of the essence, and any bid received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the bidder for ensuring that their bids are stamped by Purchasing Department personnel or designated personnel before the deadline outlined above.

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. The City of Colonial Heights encourages all businesses, including minority and women-owned businesses to respond to all Invitations to Bid and Request for Proposals.

All items shall be bid as specified or an approved equal unless the item specifically states no substitute. If bidding other than specified, complete specifications on each item quoted upon must be submitted with bid.

Failure to comply with this requirement will be cause for rejection of bid.

No bid may be withdrawn after the scheduled closing time for receipt of bids for ninety (90) calendar days except as provided in Section 2.2-4430, Procedure 1, Code of Virginia, which states the bidder shall give notice in writing of his claim to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

Any contract amount over $25,000.00, the contractor must supply the Purchasing Department with a copy of their Colonial Heights Business License.

Questions relating to this Invitation for Bid should be directed to Mr. Larry H. Melvin, Purchasing Agent, at

(804) 520-9333, or via email at melvinl@colonialheightsva.gov. Questions relating to the Nature of Services/Project Plans and Specifications and/or additional information should be directed to Mr. Matt Spruill, Director of Pakes and Recreation /Project Coordinator, Office: 804-520-9392, Cell: 804-720-8365, spruillm@colonialheightsva.ogv If needed, an addendum (Acknowledgement of Receipt of Addenda form attached) will be issued that will include responses to all questions received pertaining to the Project Specifications/Invitation for Bid within the established deadline.

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

It shall be the full responsibility of all bidders to conduct a thorough and complete examination of the field conditions prior to submitting their bids. Failure of bidders to completely familiarize themselves with the conditions and requirements prior to submission of bid, shall in no way relieve the contractor of the responsibility of performing in such a manner as to meet or exceed the intent of the specifications.

Time Limit to Commence and Complete Work

The successful bidder shall commence work within seven (7) days after the Notice to Proceed is given to him by the City. Once the Notice to Proceed has been issued, the successful bidder shall complete all work within 30 calendar days.

For each day that any work remains uncompleted after the contract time specified above, the City will access liquidated damages against the contractor at the rate of three hundred and fifty dollars ($350) for each and every calendar day that the work remains uncompleted.

Guarantee of Work

The contractor shall assemble and duly guarantee all warranties as required by these specifications. He shall assemble and deliver to the City all bonds, guarantees, releases, etc. required by these specifications before final payment is made.

The contractor shall guarantee all work against defective workmanship and materials for a period of one (1) year after acceptance of the project the City. The contractor at no cost shall make any equipment or work found to be faulty during this period good to the City.

Proprietary Information

The Code of Virginia states: “Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder, offeror, or contractor must invoke the protections of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.”

Minority Bidders

The City of Colonial Heights Purchasing Department encourages all businesses, including minority and women owned business to respond to all invitations to Bid and Requests for Proposals.

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

Availability of Funds

It is understood and agreed between the parties that the City of Colonial Heights shall be bound here under only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

Choice of Law and Venue

Any disputes under a resulting contract, that cannot be resolved between the City of Colonial Heights and the contractor, must be resolved in the Circuit Court of the City of Colonial Heights. Any resulting contract shall be governed by the laws of the Commonwealth of Virginia. The contractor shall comply with all applicable federal, state and local laws and regulations.

Bid guarantee (5% of total bid) - (Bid Bond Form Provided Must be Used)

Each proposal must be accompanied by a certified check or a bid bond equal to 5% of the bid amount. Such Bid bond or check shall be submitted with the understanding that it shall guarantee that the bidder will not withdraw his bid for a period of ninety (90) days after the scheduled closing time for receipt of bids, and that if his bid is accepted, he will enter into an agreement with the owner in accordance with the Form of

Agreement as indicated herein. Any mistakes or error on the part of the bidder in preparing his bid confers no right upon the bidder to withdraw his bid after the designated time in said Contract and give stipulated Guarantee Bond within fifteen (15) days after written notification of award, the bidder in any particular hereof.

Bid Bonds will be returned to the unsuccessful bidders promptly after it is determined who the successful bidder is and the award has been made.

Non-collusion Affidavit of Prime Bidder – (Form Provided Must be Used)

Each proposal must be accompanied by a properly executed and notarized copy of the Non-collusion Affidavit of Prime Bidder.

Guarantee Bond – (Form Provided Must be Used)

If awarded the contract, the contractor shall furnish a performance bond and a labor and material payment bond in the amount of 100% the total contract amount. (2 separate bonds). The performance bond and labor and material payment bond shall be approved by the City Attorney.

In lieu of a bid, performance or payment bond, a bidder may furnish a certified check or cash escrow in the face amount required for the bond. Upon approval of the City Attorney, a bidder may furnish a personal bond, property bond or bank or saving and loan associations letter of credit on certain designated funds in the face amount required. Approval shall be granted only upon the determination that the alternative form of surety affords protection to the City equivalent to the corporate surety’s bond.

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

The contractor may require, as part of the agreement between the subcontractor and the contractor, a payment bond with surety thereon in the amount of 100% of the work sublet to the subcontractor. Each such bond shall be constructed, regardless of language, as incorporating, within its provisions, the obligation to pay those persons who furnish labor or material as aforesaid; provided however, that subcontracts between the Contractor and the manufacture or a fabricator shall be exempt form the provision required a payment bond and provided further that subcontracts for less than $10,000 are also exempt hereunder.

Other Contract Documents – (Forms Provided Must be Used)

The Hold Harmless Agreement and Non-collusion Affidavit of Subcontractors shall be submitted by the successful bidder upon execution of the agreement. The Contractor’s Affidavit and Statement of Surety Company shall be submitted by the contractor with the request for final payment.

Termination of Contract

It shall be the sole right of the City to terminate any contract upon written thirty (30) day notification to the contractor.

Nondiscrimination Clause

In accordance with Section2.2-4311 of the Code of Virginia, every contract for goods or services over $10,000 shall include the following provisions:

The contractor will not discriminate against any employee or applicant for employment because of disability, race, religion, sex or national origin except where religion, sex or national origin 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.

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.

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

The contractor shall include the provisions of the foregoing paragraphs 1, 2 and 3 in every subcontract or purchase order over $10,000 so that the provision will be binding upon each subcontractor or vendor.

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

Drug Free Workplace

In accordance with Section 2.2-4312 of the Code of Virginia, during the performance of this contract, the contractor agrees to:

Provide a drug-free workplace for the contractor’s employees post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace.

Include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be biding upon each subcontractor or vendor.

For the purpose of this section, “drug free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor.

Faith-Based Organizations

In accordance with Code of Virginia, Section 2.2-4343.1, the City of Colonial Heights does not discriminate against faith-based organizations.

Contractor’s Insurance

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 execution of the work, whether such execution be by himself, his employees, agents, subcontractors or by anyone for whose acts any of them may be liable. The insurance coverage shall be such as to fully protect the Owner, the Engineer (if applicable) and the general public from any and all claims for injury and damage resulting by any actions on the part of the contractor or his forces as enumerated above. The Contractor shall furnish an original Certificate of Insurance, naming the City of Colonial Heights as an additional insured. Should any of the policies be canceled before the expiration date, the issuing company will mail 30 days written notice to the certificate holder.

The Contractor shall furnish insurance in satisfactory limits and on forms and of companies that are acceptable to the Owner’s Attorney and/or Risk Management and shall require and show evidence of insurance coverage 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. The contractor will provide a minimum of liability insurance as follows:

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

Workmen’s Compensation – Statutory Limits

Contractor’s liability covering all operations performed by the contractor or any subcontractor with limits of not less than $1,000,000 combined single limit. Subcontractors are subject to the same limits and must submit certificates of insurance to this office. All certificates of insurance must name the City of Colonial Heights as additionally insured.

Automobile liability insurance-all owned non-owned and hired automobiles with same limits as in (b) above.

Certification of above insurance requirements will be required before the issuance of an award. Also required to be submitted with the insurance certificate is the complete address, phone number and contact person for the insurance company. The authorized agent signing on behalf of the insurance company must submit certification that they are a licensed agent to do business for the Company within the State of Virginia.

Certificate holder should be listed as – City of Colonial Heights, c/o Purchasing Department, 201 James Avenue, 2nd floor, P.O. Box 3401, Colonial Heights, VA 23834-9001.

If the Certificate of Insurance Form being furnished is other than the City Form, the certificate of insurance must be modified by striking the words “endeavor to” in the second line and by striking the clause ‘but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.

Qualification of Bidders

The owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the owner all such information and data for this purpose as the owner may request. The owner reserves the right to reject any bid if evidence submitted by or investigation of such bidder fails to satisfy the owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditionals bids will not be accepted.

Contractor Registration

Contractors must be classified according to section 54.1-1100 of the Code of Virginia:

“Class A contractors” perform or manage construction, removal, repair or improvement projects when (i) the total value referred to in a single contractor or project is $100,000 or more, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is $1,000,000 or more

“Class B contractors” perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is $30,000 or more, but less than $150,000, or (ii) the total value of all such construction, removal, repair or improvements undertaken by such person within any 12-month period is $250,000 or more, but less than $1,000,000

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

“Class C contractors” perform or manage construction, removal, repair, or improvements when (i) the total value referred to in a single contract or project is over $1,000 but less than $30,000, or (ii) the total value of all such construction, removal, repair, or improvements undertaken by such person within any 12-month period is less than $250,000

If the bidder shall fail to provide this information on his bid or on the envelope containing the bid and shall fail to promptly provide such Contractor license to the City of Colonial Heights in writing when requested to do so before or after the opening of Bids, he shall be deemed to be in violation of Section 54.1-1115 of the Code of Virginia (1950) as amended, and his bid will not be considered. If a Bidder faisl to obtain the required license prior to submission of his bid, the bid shall not be considered.

No City Indemnification

By submitting a bid, the contractor acknowledges that the City cannot indemnify or hold harmless the contractor or another party; and no contract documents that the successful bidder and the City enter into shall provide that the City shall indemnify or hold harmless any party. Furthermore, the City shall have the right to exclude from any contract document any provision that in the City’s sole discretion limits the City’s sovereign immunity.

Scope of Work

The City of Colonial Heights VA Recreation Department seeks a contractor to install a splash pad at Flora Hill Park, 300 Richmond Avenue, Colonial Heights VA.

City of Colonial Heights Responsibility under this project

The City of Colonial Heights will furnish and install the water line and the sewer line to the splash pad, along with the back flow preventor. The City will also be responsible for coordinating with Dominion Power for the electrical lines needed for this project.

The City will purchase all the equipment necessary for the splash pad, from Landscape Structures. This purchase will be made under Sourcewell Cooperative Contract # 101625-LSI

Equipment to include

Aquatix Splash Pad per Design # 1199540-02-01

Water Play Features:

• (1) Center Pillar Ring - SST – PVC

• (1) Curvy Jet Manifold - SST – PVC

• (2) Junior Water Jewel – SST

• (2) Sea Crawler - SST

• (2) Stream Jet Triangle - SST – PVC

• (2) Triple Mist Nozzle

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

Mechanical Components:

HydroLogix System

• HydroLogix The activator is a non-electrical water delivery system. System to consist of activation bollard, distribution manifold and collection drain housed in a stainless-steel body. All internal components and mechanisms to be either stainless steel or brass. Idea water pressure for this system is 30psi - 40psi which will deliver 60gpm water flow. The unit will have (6) 1" discharges that have gate valves for balancing flows to water events.

Activation duration to be adjustable up to 90 seconds long. Requires 4" drawn to storm or retention.

Winterization cover provided. A HydroLogix User Sign is provided

On/Off Timer To consist of a 2" battery operated solenoid valve with programable hours of operation. Can be housed above or below ground.

Valve Box To consist of a plastic burial valve box.

Underground Plumbing Package A pre-engineered plumbing system that consists of HPDE tubing, brass fittings and stainless-steel crimp connectors. Package to include tube stakes and adjustable embed mounting stakes.

The City will be responsible for unloading/offloading all equipment from Landscape Structures.

Contractor Responsibility under this project

The contractor will be responsible for site excavation, site work, sub-base, stone sub-base, installation of the splash pad equipment, concrete work, plumbing, start-up training, and winterization training

1.01 SCOPE OF WORK

Under this Section, the Contractor shall be responsible for the installation of a series of water play features, water piping, and associate construction of the splash pad. All work shall be performed as indicated on the Specifications and include every aspect of work as obvious or implied and necessary to make the work complete and fully operational

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

Although such work is not specifically indicated, furnish all supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure and complete delivery.

The water spray features, prefabricated mechanical equipment with controls, and design and construction documents shall be provided by Aquatix® by Landscape Structures 1101 McKinley Parkway, Delano, MN 55328, 888-438-6574 or approved equal.

The Contractor shall be required to install all of the manufactured equipment and water play features, all water piping, construction of splash pad, and all associated work

All work shall be performed per drawings and specifications and include every aspect of work as obvious or implied and necessary to make the work complete and fully operational.

1.02 CODES AND ORDINANCES

All materials shall be in conformance with the City Standards, Uniform Building Codes, Uniform Plumbing Codes, Uniform National Plumbing Codes, and all other applicable codes and ordinances that govern this type of work. Nothing in the Plans and Specifications shall be construed to permit work not conforming to the applicable codes and ordinances

Should any change in the Plans and Specifications be required to comply with the applicable codes and ordinances, the Contractor shall notify the Architect at the time of submitting his bid. After entering into the Contract, the contractor shall be held responsible to complete all work necessary to meet these codes and ordinances without additional cost to the Owner

Should the Contractor perform any work that does not comply with all applicable codes and ordinances, he shall bear all costs arising in correcting the deficiencies

Permits and Fees: The contractor shall obtain all permits required for this project. There will no permit fees for this project.

1.03 QUALITY ASSURANCE

All products or items described herein shall be new, unless otherwise specified and shall be from the specified manufacturer or approved equal. Products shall be completed in all respects and in perfect working order

Manufacturer’s directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in this contract furnish directions covering points not shown in the drawings

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

All aqua play equipment, systems and design shall be from a single source manufacturer located in the United States of America, unless noted otherwise

To ensure the highest quality of splash pad infrastructure construction, the following guidelines are required:

Sub-cut excavation under splash pad slab min. 8” for granular fill or as soil conditions and/or local code requires with a minimum 2500 PSF soil bearing capacity. The use of a well-draining base, #51 or #57gravel is suggested if expansive soils (clays) are encountered. Frost susceptible soils or areas that experience winter frost heave require a vapor barrier

Construction of splash pad concrete to be 5” thick, 4,000 PSI concrete with #4 bars spaced 12” O.C. each way, or an equivalent welded wire mesh (Equivalent meshes include W6 on 4”x”4 spacing, or W10 on 6” x 6” spacing). Concrete pad to have required expansion joints at hard edges (e.g. columns, seat walls, etc.) and between the wet deck and apron and saw cut control joints at a maximum of 15’, preferred at 10’ in cold climates. Thicken profile at edge of pad and at each structure/embed.

Construction of apron around perimeter of splash pad to be min. 4” thick, wire mesh reinforced, min. 3000 psi concrete. Apron to include expansion joint at perimeter edge of splash pad and needed saw-cut joints

Where required, water stops can be made with Sika-Hydrolite or Waterstop RX102.

HDPE Piping and fittings for feature supply piping to be provided as part of the AquatSmart package. Schedule 80 PVC is recommended for water and waste piping and hookup to HydroLogix® system.

Proposal

Furnish all labor and miscellaneous material and insurance coverage ________________ For the installation of the splash pad at Flora Hill Park, Colonial Heights VA, Lump Sum per the attached specifications and drawings

City Hall - 201 James Avenue 2nd Foor – P.O. Box 3401 Colonial Heights, VA 23834-9001

Returning Your Bid

Please return your bid in a sealed envelope

Please mark on the outside of your bid:

Invitation for Bid 26-052902-7160 Splash Pad Installation at Flora Hill Park, Colonial Heights VA Closing Date/Time: May 29, 2026, 2:00 PM EDT

Bids should be sent to:

City of Colonial Heights VA Finance/Purchasing Department P.O. Box 3401 (Mail Address) Colonial Heights VA 23834 Larry H. Melvin – Purchasing Agent

Per VA Code 2.2-403: Contractors may now submit their bid electronically by submitting their complete bid package (Including bid bond, pricing and signature page) to Larry Melvin – Purchasing Agent, melvinL@colonialheightsva.gov by 2:00 PM EDT May 29, 2026. Please contact Larry Melvin on his cell: 804- 895-3316 should you submit your bid this way.

Please do not wait until the last minute as the email must clear the sender’s server and be received by the Purchasing Agent’s email service by 2:00 PM EDT.

Purchasing Department

201 James Avenue – P.O. Box 3401Colonial Heights, VA 23834-9001

May 15, 2026 INVITATION 26-052902-7160

If Signature is other than the President, please furnish this office a letter of explanation for authority to sign for the President.

Name of Contractor

Bidder’s name and Title _

Address

Phone number ( ) Email Address

Cell Phone number ( ) Tax Payers ID

DISQUALIFICATION OF CONTRACTORS: By signing this bid or proposal, the undersigned certifies that this Bidder or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the Commonwealth of Virginia, or any public body or agency of another state, or any agency of the federal government, nor is this Bidder a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contract by any of the same. We have attached an explanation of any previous disbarment(s) and copies of notice(s) of reinstatement(s).

CERTIFICATION OF NO COLLUSION: The undersigned does hereby certify in connection with the procurement and bid to which this Certification of No Collusion is incorporated that:

This bid is not the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce; nor is this bid the result of, or affected by, any act of fraud punishable under Article 1.1 of Chapter 12 of Title 18.2 of the Code of Virginia, 1950, as amended (18.2-498.1 et seq.) Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, and Virginia Antitrust Act and Federal Law and can result in fines, prison sentences and civil damage awards. The undersigned declares that they are fully authorized to sign the proposal on behalf of the firm listed and to all conditions and provisions thereof. The firm name given below is the true and complete name of the bidder and the bidder is legally qualified and licensed by the Commonwealth of Virginia, Department of Commerce, State Board for Contractors, to perform all Work included in the scope of the Contract.

The undersigned also certifies that this firm has no business or personal relationships with any other companies or personnel that could be considered as a conflict of interest to the City of Colonial Heights, and that there are no principals, officers, agents, employees, or representatives of this firm that have any business or personal relationship with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to the City of Colonial Heights, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with the City of Colonial Heights.

Purchasing Department

201 James Avenue – P.O. Box 3401Colonial Heights, VA 23834-9001

May 15, 2026 INVITATION 26-052902-7160

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM FORM

(MUST BE SUBMITTED WITH BID PROPOSAL)

City Invitation for Bid No.: 26-052902-1760

Bid Proposal Due Date: 2:00 PM EDT, May 29, 2026

Bid Proposal for: Splash Pad Installation at Flora Hill Park

NAME OF BIDDER:

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM (S)

The undersigned, hereby acknowledges the receipt of the following addenda:

Addendum No. dated

As stated in the Request for Bid, this form is included in our Bid Proposal.

Printed Name

Signature

Title

Date

BID BOND – CITY OF COLONIAL HEIGHTS VA

KNOW ALL MEN BY THESE PRESENTS:

The we _

(hereinafter called “Principal”), as Principal and _ , a corporation duly organized under the laws of the State of _ , (hereinafter called “Surety”), as Surety are held and firmly bound unto the City of Colonial Heights, Virginia

(hereinafter called “Obligee”) as Obligee, in the sum of _

($ ) for the payment of which sum well and truly to be made, the said Principal and the said

Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the Principal has submitted a bid to the Obligee for

Now, therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with goods and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this day of , 20

Attest: (Seal) Principal

Attest: By

(Seal) Surety

Surety Countersigned:

By_____________________________________ By

Attorney-in-Fact

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of

City of

County _ being first duly sworn, deposes and says that:

(1) He is

(owner, partner, officer, representative or agent) of , the bidder has submitted the attached Bid:

(2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid.

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspire, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or Sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Colonial Heights or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Name)

(Title)

Subscribe and sworn to before me this day of , 20

(Title)

My commission expires

HOLD HARMLESS AGREEMENT

I (we) _ , agree to the following provision relating to Indemnification of the CITY OF COLONIAL HEIGHTS whereby:

(a) The Contractor shall indemnify and save harmless the City, its agents and employees from and against all claims, damages, injuries, losses to persons or to property and expenses including attorneys’ fees, alleged to have been caused through the fault, omissions or negligence of the Contractor, its agents and employees in the performance of any part of the work herein. Contractor shall be responsible to City for the acts and omissions of all person, firms or corporations directly or indirectly employed by contractor in connection with the work.

(b) In any and all claims against the City or any of its agents or employees by any employee of the Contractor or anyone directly or indirectly employed by the Contractor, the indemnification obligation under paragraph (a) shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under workmen’s compensation act, disability benefit acts or other employee benefit acts. Insurance coverage specified in any part of this contract constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of contractor under the terms of the contract.

CONTRACTOR:

By: _ (Name and Title)

STATE OF _ of

To-WIT: I a Notary Public in and for the aforesaid in the State aforesaid, do certify that whose name is signed to the above agreement bearing the date of _ day of , 20 , personally appeared before me in my and State aforesaid and acknowledged the same as his / her act and deed.

My Commission expires the day of , 20 .

Given under my hand this day of . 20 .

SIGNATURE OF NOTARY PUBLIC

City of Colonial Heights – Colonial Heights Virginia

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, That we and are held and firmly bound unto the City of Colonial Heights in the just and full sum of Dollars; to the payment whereof, well and truly made to the said City we bind ourselves and each of us jointly and severally, firmly by these presents. Sealed with the seals of the parties hereto and dated this day of in the year A.D., 20 .

The condition of the above obligation is such that whereas the above bound did, on the day of , 20 enter into a contract with the City of colonial Heights for which contract is by reference thereto hereby expressly made a part of this bond.

Now if the said shall well and faithfully perform said contract, and each and every condition, stipulation and requirement thereof, without default, and shall indemnify and save harmless the City of Colonial Heights from any and all claims against the City under the Virginia Workman’s compensation Act, arising out of the performance of said contract or any work done in connection therewith, and from any and all damages, either directly or indirectly arising out of any failure to perform the same, and shall pay all cost for labor, equipment, vehicles, tools, appliances and materials any and all patent fees, and from any and all damages occasioned any party or parties, in person or property, by the negligent doing of the work provide for by said contract, or negligent failure to perform the conditions and requirements thereof, then the above obligation is to be void; otherwise the same shall remain in full force and virtue.

The same (Bonding Co.) for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same. (N.B. – Where a firm gives bond, all members of the firm should sign individually.)

IF A CORPORATION

(Affix Corporate Seal)

President

Attest – Secretary Attorney-in Fact

OTHER THAN A CORPORATION

Countersigned

Resident Agent

Bond – Continued (Acknowledgment – Corporate Principal)

State of of

To wit: I a Notary Public in and for the aforesaid in the State aforesaid do certify that and whose names as and respectively, of are signed to the foregoing bond bearing date the day of , 20 personally appeared before me in my and State aforesaid and acknowledged the same in behalf of the said corporation, as its act and deed.

My commission expires the day of , 20 .

Given under my hand this day of , 20

(Affidavit and Acknowledgment of Surety)

State of of To wit:

I a Notary Public in and for the and State aforesaid, Do certify that whose name is signed to the foregoing bond bearing date this day of 20 , personally appeared before me in my and State aforesaid and made oath that he is of

; that he is duly authorized to execute the foregoing bond by virtue of a certain power of attorney of the said company dated the day of 20 , and recorded in the Office of the Clerk of the Court of of Virginia, in Deed book page ; that the said Power of Attorney has not been revoked; and that the said company has complied with all the requirements of law regulating such companies in the transaction of business in the State of Virginia. And the said thereupon, the in name and on behalf of the said company, acknowledged the foregoing bond as its act and deed.

My commission expires the day of 20 .

Given under my hand this day of 20 .

Approves as to form City Attorney Notary Public

CONTRACTOR’S AFFIDAVIT

PROJECT:

(NAME, ADDRESS)

STATE OF

COUNTY/CITY OF

Before me , a Notary Public in and for said County/City

Personally appeared

(name of duly authorized representative). (Title) who being duly sworn according to law, deposes and says that all labor, material, and outstanding claims and I indebtedness of whatever nature arising out of the performance of the contract between the CITY OF

COLONIAL HEIGHTS, VIRGINIA and

(Contractor) have been paid in full.

CONTRACTOR:

Address:

Signature

Subscribed and sworn to before me this day of , Notary Public:

My commission Expires

STATEMENT OF SURETY COMPANY

PROJECT:

(name, address)

Bond NO: Contract Amount: $ Contract Date:

In accordance with the provisions of the Contract between the CITY OF COLONIAL HEIGHTS, VIRGINIA, Owner, and (Contractor), the

(insert name and address of Surety Company), surety on the bond of said contractor, certifies that after a careful examination of the books and records of said Contractor, or after receipt of an affidavit from said

Contractor, which examination or affidavit satisfies this company that all claims for labor and materials have

Been satisfactorily settled, hereby approves of the final payment to said Contractor, and by these presents witnesseth the payment to said Contractor of the final estimates shall not relieve the Surety Company of its obligations to the CITY OF COLONIAL HEIGHTS, as set forth in the said Surety Company’s Bond.

IN WITNESS WHEREOF, the said Surety Company has hereunto set its hand and seal this day of , 20 .

Surety Company

Attest:

(Seal):

Signature of Authorized Representative

Note: This statement, if executed by any person other than the President or Vice President of the Company, must be accompanied by a certificate of even date showing authority conferred upon the person so signing to execute such instruments on behalf of the Company represented.

CITY OF COLONIAL HEIGHTS

STANDARD CONTRACT FOR SERVICES

This Contract is entered into this day of _ , 2026, by and between the City Council of Colonial Heights, Virginia, or its authorized agents, and the Contractor identified below, for services identified herein, on the following terms and conditions.

1. Definitions.

(a) As used in this Contract, the term “City” shall mean the City Council of Colonial Heights, Virginia, or the using department identified below and authorized by the Purchasing Regulations or other law to enter contracts.

(b) As used in this Contract, the term “Contractor” shall mean:

2. Provision of Services.

(a) The Contractor hereby agrees to provide the following services to the City:

(b) The time, manner and place for performance of such services shall be:

3. Time and Essence.

Time shall be of the essence in this Contract, except where it is herein specifically provided to the contrary.

4. City Obligations.

(a) In return for the services identified above, the City shall pay the Contractor the following amounts:

(b) In addition to any provision of Paragraph 5 hereof, the Contractor agrees to grant the City a two percent (2%) discount for all invoices, provided that the City pays any invoice or other billing within ten (10) working days of receipt thereof.

5. Termination for Convenience of the City.

(a) The parties agree that the City may terminate this Contract, or any work or delivery required hereunder, from time to time either in whole or in part, whenever the City Manager or the Purchasing Agent of Colonial Heights determines that such termination is in the best interest of the City.

(b) Termination, in whole or in part, shall be effected by delivery of a Notice of Termination signed by the City Manager or the Purchasing Agent, mailed or delivered to the Contractor and specifically setting forth the effective date of termination.

(c) Upon receipt of such Notice, the Contractor shall:

(i) cease any further deliveries or work due under this Contract, on the date, and to the extent, which may be specified in the Notice;

(ii) place no further orders with any subcontractors except as may be necessary to perform that portion of this Contract not subject to the Notice;

(iii) terminate all subcontracts except those made with respect to contract performance not subject to the Notice;

(iv) settle all outstanding liabilities and claims which may arise out of such termination, with the ratification of the City Purchasing Agent; and

(v) use its best efforts to mitigate any damages which may be sustained by him as a consequence of termination under this clause.

(d) After complying with the provisions of subparagraph (c), above, the Contractor shall submit a termination claim, in no event later than six months after the effective date of their termination, unless one or more extensions of three months each are granted by the Purchasing Agent.

(e) The Purchasing Agent, with the approval of the City’s signatory to this Contract, shall pay from the using department’s budget reasonable costs of termination, including a reasonable amount for profit on supplies or services delivered or completed. In no event shall this amount be greater than the original contract price, reduced by any payments made prior to Notice of Termination, and further reduced by the price of the supplies not delivered, or the service not provided. This Contract shall be amended accordingly, and the Contractor shall be paid the agreed amount.

(f) In the event that the parties cannot agree on the whole amount to be paid to the Contractor by reason of termination under this clause, the Purchasing Agent shall pay to the Contractor the amounts determined as follows, without duplicating any amounts which may have already been paid under the preceding paragraph of this clause:

(i) with respect to all Contract performance prior to the effective date of Notice of Termination, the total of:

(A) cost of work performed or supplies delivered;

(B) the cost of settling and paying any reasonable claims as provided in paragraph 6 (c) (iv), above;

(C) a sum as profit on (A) determined by the Purchasing Agent to be fair and reasonable.

(ii) the total sum to be paid under (i) above shall not exceed the contract price, as reduced by the amount of payments otherwise made, and as further reduced by the contract price of work or supplies not terminated.

(g) In the event that the Contractor is not satisfied with any payments which the Purchasing Agent shall determine to be due under this clause, the Contractor may appeal any claim to the City Council in accordance with Paragraph 15 of this contract concerning Disputes.

(h) The Contractor shall include similar provisions in any subcontract, and shall specifically include a requirement that subcontractors make all reasonable efforts to mitigate damages which may be suffered. Failure to include such provision shall bar the Contractor from any recovery from the City whatsoever of loss or damage sustained by a subcontractor as a consequence of termination for convenience.

6. Termination for Default

Either party may terminate this Contract, without further obligation, for the default of the other party or its agents or employees with respect to any agreement or provision contained herein.

7. Examination of Records.

(a) The Contractor agrees that the City, or any duly authorized representative, shall, until the expiration of three (3) years after final payment hereunder, have access to and the right to examine and copy any directly pertinent books, documents, papers and records of the Contractor involving transactions related to this Contract.

(b) The Contractor further agrees to include in any subcontract for more than $10,000 entered into as a result of this Contract, a provision to the effect that the subcontractor agrees that the City or any duly authorized representative shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and copy any pertinent books, documents, papers and records of such Contractor involved in transactions related to such subcontract, or this Contract. The term subcontract as used herein shall exclude subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

(c) The period of access provided in subparagraphs (a) and (b) above for records, books, documents and papers which may relate to any arbitration, litigation, or the settlement of claims arising out of the performance of this contract or any subcontract shall continue until any appeals, arbitration, litigation, or claims shall have been finally disposed of.

8. Termination for Non-Appropriation of Funds.

(a) If funds are not appropriated for any succeeding fiscal year subsequent to the one in which this

Contract is entered into, for the purposes of this Contract, then the City may terminate this Contract upon thirty

(30) days prior written notice to the Contractor. Should termination be accomplished in accordance with this Section, the City shall be liable only for payments due through the date of termination.

(b) The City agrees that should it terminate in accordance with this Section, it shall not obtain services which are substantially equal to or similar to those for which this Contract was entered into. This provision shall survive any termination of the Contract.

9. Insurance.

The Contractor shall maintain insurance, in an amount and a form set forth herein, to insure against the risks which are identified herein. The insurance required hereby shall be: pursuant to attached certificate of insurance. The Contractor shall provide a Certificate of Insurance, naming the City as additionally insured.

10. Assignability of Contract.

Neither this Contract, nor any part hereof, may be assigned by the Contractor to any other party without the express written permission of the City Manager.

11. Modifications or Changes to this Contract.

(a) Change Orders. The Purchasing Agent, with the concurrence of the City’s signatory to this Contract, shall without notice to any sureties, have the authority to order changes in this Contract which affect the cost or time of performance. Such changes shall be ordered in writing specifically as a change order. Such orders shall be limited to reasonable changes in the services to be performed or the time of performance; provided that no Contractor shall be excused from performance under the then changed Contract by failure to agree to such changes, and it is the express purpose of this provision to permit unilateral changes in the Contract subject to the conditions and limitations herein.

(b) The Contractor need not perform any work described in any change order unless it has received a certification from the City that there are funds budgeted and appropriated sufficient to cover the cost of such changes.

(c) The Contractor shall make a demand for payment for changed work within thirty (30) days of receipt of a change order, unless such time period is extended in writing, or unless the Purchasing Agent required submission of a cost proposal prior to the initiation of any changed work or supplies. Later notification shall not bar the honoring of such claim or demand unless the City is prejudiced by such delay.

(d) No claim for changes ordered hereunder shall be considered if made after final payment in accordance with the Contract.

12. Warranties:

13. Additional Bond Security.

If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the City, the Contractor shall promptly furnish such additional security as may be required from time to time to…