CITY OF RICHMOND

DEPARTMENT OF PROCUREMENT SERVICES

RICHMOND, VIRGINIA

(804) 646-5716

Thursday, June 18, 2026

Invitation For Bid No. 260017550 for US 60 Downtown Expressway Gateway Pedestrian Improvements (UPC#111702)

Due Date & Time: Monday, July 27, 2026 11:00 am

Request for Proposal Prepared by:

Name: Sue Demery

Title: Procurement Analyst, Sr

Telephone: (804) 646-1874

Email: sue.demery@rva.gov

Department of Procurement Services https://www.rva.gov/index.php/procurement-services/solicitations

City of Richmond

US 60 Downtown Expressway Gateway Pedestrian Improvements

(UPC#111702)

1. STATEMENT OF WORK

1.1. Purpose

1.2. Statement of Work

1.3. Prequalification

2. GENERAL CONDITIONS OF THE CONTRACT

2.1. Definitions

2.2. City of Richmond Terms and Conditions

2.3. Instructions to Bidders

2.4. Award and Execution of Contract

2.5. Performance of the Contract

2.6. Control of the Contract

2.7. Payments

2.8. Remedies

2.9. Unit Price Contracts

2.10. Dispute Resolution

3. SPECIAL CONDITIONS OF THE CONTRACT

3.1. Bidder Not Debarred

3.2. Minority Business Participation

4. FORMS AND ATTACHMENTS

4.1. Pricing Proposal

4.2. Bidder Questionnaire

4.3. Attachments

Attachments:

A - SIGNATURE SHEET

B - STATEMENT OF NO OFFER

#260017550 Title: US 60 Downtown Expressway Gateway Pedestrian Improvements (UPC#111702)

C - STATE CORPORATION COMMISSION FORM

D - CONSENT TO ACCEPT ELECTRONIC SIGNATURES

E - City of Richmond Bid Bond

F - City of Richmond Performance Bond

G - City of Richmond Labor and Material Payment Bond

H - Field Change Order Directive (FCOD)

I - Proposed Change Order Form (PCO Form)

J - Construction Change Order Summary

K - ACH-Direct Deposit Form

L - EDI Payment Agreement for Contractors

M - Construction Contractor Performance Evaluation

N - Affidavit of Payment and Claims

O - Minority Business Development Cover Letter

P - MBE-ESB - 1 PARTICIPATION COMMITMENT PREQUALIFICATION

FORM

Q - MBE-ESB - 2 PARTICIPATION FORM

R - Construction Contract - Example

S - myCOI Sample Certificate

T - UPC_111702_Plans_Feb_2026

U - VDOT_Special_Provisions_UPC_11702

V - Richmond_Special_Provisions_111702

W - CQAP_UPC_111702

X - Wage_Determination_VA20250126

1. STATEMENT OF WORK

1.1. Purpose

The City of Richmond is accepting bids for the construction of the US 60 Downtown Expressway

Gateway Pedestrian Improvements (UPC#111702) project which will improve the streetscape, bicycle and pedestrian infrastructure, and ADA compliance. The work will include construction of sidewalks, curbs, and ADA-compliant curb ramps; installation of pavement markings, signage, lighting, and traffic signal conduit; landscaping, utility adjustments, and all other work items needed to complete the project.

1.2. Statement of Work

1.2.1. Project Identification

A. Project Title: US 60 Downtown Expressway Gateway Pedestrian Improvements

B. Drawing #: O-29131

C. City Project #: 106673

D. State Project #: 0060-127-002, C501

E. Federal Project No: NHPP-5A27(693)

F. UPC: 111702

1.2.2. Acronyms & Definitions

The Definitions, Abbreviations, Acronyms, and Terms as presented in Section 101 of the 2020 Virginia

Department of Transportation Road and Bridge Specifications are incorporated by reference. The following is a summary of Acronyms and Definitions as noted within this document.

1. A&E of Record: Architect or Engineer of Record for the project.

2. ADA: Americans with Disabilities Act.

3. Agency: The City of Richmond and other representative departments responsible for the oversight of the proposed project.

4. CAD: Computer Aided Design

5. City’s Representative: Means a party that has been delegated authority to conduct inspections, monitor, and/or perform testing and report to the City all and any issues of significance.

6. CO: Contracting Officer.

7. Complete in Place: Means all work shall be fully completed, and not left in an unfinished condition, prior to engaging in any additional tasks.

8. COR: Change Order Request.

9. PM: City Project Manager or designated authority.

10. Project Closeout: Means certain collective project requirements, signifying completion of the work that is to be fulfilled to achieve contract completion in preparation for final payments to the respective parties.

11. RFI: Request for information; means a formal written submittal to the A&E of Record or the contracting officer, to obtain further clarification on matters relating to the solicitation process, contract documents, construction documents, or other subject matter relating to construction phase activities.

12. SC: Subcontractor; Means a designated firm for which a contractual agreement is binding between itself and the Construction Manager/General Contractor.

13. SSC: Sub-subcontractor, a designated firm in which a contractual agreement is binding between the Subcontractor.

14. Third Party: Means a company, firm, or special inspections service provider that is under a contractual agreement with the City of Richmond to perform professional and/or non-professional services for the project.

1.2.3. Scope of Construction

A. Construction includes, but is not limited to, the following:

1. Maintenance of Traffic

2. Construction of new concrete sidewalks

3. Installation of new street trees and landscaping

4. Construction of new concrete ADA curb ramps

5. Installation of pavement markings and traffic signs

6. Construction of curb extensions and traffic islands

7. Installation of ornamental pedestrian lights to existing poles

8. Refurbishment of existing light poles

9. Installation of conduit for traffic signal communications

10. Adjustment of water and sanitary services as necessary

11. Erosion and sediment control including inlet protection and tree protection fencing

B. Construction shall follow below list of approved plan sheets:

Title Sheet Sheet Index Sheet Layout Construction Alignment Data Sheet Summary of Quantities Survey Data Sheet General Notes Typical Sections Utility Relocations Drainage/Stormwater Plan - Utilities Drainage/Stormwater Plan - Pre-Development Drainage Areas Drainage/Stormwater Plan - Post-Development Drainage Areas Drainage/Stormwater Plan - Resource Management Area MS4 Drainage Areas Drainage/Stormwater Plan - Storm Sewer Profiles Drainage/Stormwater Plan - Narrative and Calculations Drainage/Stormwater Plan - Calculations Drainage/Stormwater Plan - Inlet Calculations Drainage/Stormwater Plan - Details Drainage/Stormwater Plan - Erosion and Sediment Control Notes Erosion and Sediment Control Plan - Phase 1 Erosion and Sediment Control Plan - Phase 2 Drainage/Stormwater Plan - Erosion and Sediment Control Details Maintenance of Traffic General Notes Maintenance of Traffic typical sections Maintenance of Traffic Plans - Phase 1 Maintenance of Traffic Plans - Phase 2 Maintenance of Traffic Plans - Phase 3 Entrance Profiles and Details Grading Plans Demolition Plans Plan Sheets Traffic Signal Plans Signing and Pavement Marking Plans Landscape Plans Structures Plans Cross Sections

1A 1B 1C 1D(1)-1D(2) 1E 2A(1)-2A(3) 2B 2C(1)-2C(2) 2C(3)-2C(4) 2C(5)-2C(6) 2C(7) 2C(8) 2C(9) 2C(10) 2C(11) 2C(12)-2C(13) 2D(1) 2D(2)-2D(6) 2D(7)-2D(11) 2D(12) 2E(1) 2E(2A)-2E(2C) 2E(3)-2E(7A) 2E(8)-2E(12A) 2E(13)-2E(17) 2F 2G(3)-2G(7) 2H(3)-2H(7) 3-7 8(1)-8(6) 9(1)-9(7) 10(1)-10(6) 11(1)

XS(5)-XS(18)

1.2.4. Place and Time of Performance

A. The project will be performed along S. 9th, S. 7th, E. Byrd, and E. Canal Streets adjacent to

Kanawha Plaza.

B. Work is permitted on this project from 7:00 AM to 6:00 PM Monday through Friday. No work shall be performed on Saturday, Sunday, or the following holidays or special events without written consent of the City: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Holidays (Wednesday thru Friday), and Christmas Holidays (Christmas Eve &

Christmas Day).

C. There shall be NO lane closures or reductions to the number of existing thru lanes from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM any day of the week.

D. The period of performance for the project shall be 550 consecutive calendar days from the Notice to Proceed which includes thirty (30) calendar days for inclement weather and holidays.

1.2.5. Plans and Specifications

A. All work shall be performed in accordance with the official plans and specifications as noted below:

1. City of Richmond and the Virginia Department of Transportation standards and specifications, most recent edition.

2. Latest versions of Virginia Department of Transportation (VDOT) 2020 Road and Bridge specifications, 2016 Road and Bridge Standards.

3. VDOT Work-Area Protection Manual (VWAPM) version 11.0, January 2026 - final

4. The Virginia Manual on Uniform Traffic Control Devices, Version 11.0 (VMUTCD)

5. Attachment T - UPC_111702_Plans_Feb_2026

6. Attachment U - VDOT_Special_Provisions_UPC_11702

7. Attachment V - Richmond_Special_Provisions_111702

8. Attachment W - Project_Special_Provisions-Appendix_A

9. Attachment X - CQAP_UPC_111702

10. Attachment Y - Wage_Determination_VA20250126

B. The Contractor shall refer and conform to these documents and shall construct the proposed work per the approved specifications and approved construction drawings.

C. The Contractor shall provide their subcontractors and suppliers all necessary documents to complete their work.

1.2.6. Points of Contact

A. During the solicitation phase, contact with City officials or representatives of the City shall be limited to City staff from the Department of Procurement Services (DPS). The DPS main point of contact for this solicitation is Sue Demery, Sue.Demery@rva.gov.

1. All questions regarding this solicitation shall be asked via the question and answer feature in

OpenGov.

B. During the delivery of the project, the main point of contact for this project is the PM.

1. Unless otherwise authorized, the Contractor shall not contact the A&E of Record or other

Agency representatives for any matter.

2. The Contractor shall be allowed to contact DPS solely to address administrative matters pertaining to the construction Contract. DPS will not answer any questions, direct any work, or handle disputes related to construction, design of the proposed systems, or any other associated efforts.

C. The table below provides a list of contacts for the project:

Agency Project Team

Project Manager

Yongping Wang, PE Department of Public Works804-646-

2467Yongping.Wang@rva.gov

Engineer of Record

Chris Daily, PEVanasse Hangen Brustlin, Inc.

1021 E. Cary St. Suite 200, Richmond, VA 23219 571-389-8121

Capital Projects Administrator

Lamont Benjamin, PE Department of Public Works804-646-

6339Lamont.Benjamin@rva.gov

1.2.7. General Notes

A. Permits. The Contractor shall be responsible for coordinating all traffic control and work-in-streets permits within the city. No Right of Way is needed for this project.

B. Mobilization and Demobilization. No additional payment will be made for demobilization and remobilization due to shutdowns, suspensions of work, work moratoriums, or other mobilization activities.

1. The construction site shall be restored in compliance with City Standards.

2. Demobilization shall include, but is not limited to, pavement restoration, removing any steel plates, and vacating the construction site and surrounding area (men and equipment). The restored site shall not interfere with the flow of traffic or pedestrian movements in any way.

C. Street and Sidewalk Access. Access for both emergency services and residents shall be maintained at all times during construction regardless of whether a street closure is or is not in effect.

1. The Contractor shall limit the length of work areas along E. Canal Street, E. Byrd Street, S.

7th Street and S. 9th Street, such that sidewalk excavation and restoration can be complete in no more than one month for each block.

2. Access to all businesses shall be maintained at all times during working hours.

3. The Contractor shall maintain accessible pedestrian routes around the work area at all times or properly sign pedestrian detours in compliance with the latest revision of the Virginia

Work Area Protection Manual.

4. Detectable edge devices shall be used along all pedestrian paths adjacent to the work area.

For work at intersections in the vicinity of intersections with existing crosswalks the contractor shall maintain at least one crosswalk at all times.

D. Enclosed Spaces. At locations where work is called for in manholes, the Contractor shall follow all applicable City, State, and Federal requirements regarding work in enclosed spaces.

1. Work within the City’s Department of Public Utilities (DPU)/Department of Public Works

(DPW) joint-use manholes requires the Contractor to have personnel certified for cable installation in a medium-voltage (2400 through 15000 volts) work environment and for work in enclosed spaces.

E. Required Work Zone Certifications. As work may be required at congested traffic intersections, the Contractor shall have at least one employee or subcontractor who is IMSA

Traffic Signal Construction Level II and VDOT Intermediate Work Zone Safety Training certified on-site at all times.

F. Retainage. Retainage will not be held unless the Engineer determines the Contractor’s progress is unsatisfactory according to the approved schedule or other applicable Contract documents.

1. The Engineer will send a notice of unsatisfactory progress to the Contractor advising him of such determination.

2. This notification will also advise the Contractor that five percent retainage of the monthly progress estimate is being withheld and will continue to be withheld for each month the

Contractor’s actual progress is determined to be unsatisfactory.

3. When the Engineer determines that the Contractor’s progress is satisfactory in accordance with these requirements, the 5 percent retainage previously withheld because of unsatisfactory progress will be released in the next monthly progress estimate, and the remaining monthly progress estimates will be paid in full provided the Contractor’s progress continues to be satisfactory.

G. Maintenance of Traffic. Maintenance of Traffic is to be paid for as a lump sum for all work required in accordance with the Virginia Work Area Protection Manual, latest revision, to maintain traffic and a work zone at all individual work locations.

H. Joint Work. All joint work shall be neat, clean, and straight.

I. Material Salvage and Disposal. Contractors are responsible for the proper disposal of excess excavation, materials and demolition. All inert materials not designated for salvage (concrete, brick, uncontaminated soils, cobblestone, etc.) from the project shall be disposed of at an approved landfill and the cost of loading and hauling to the landfill shall be incidental to the unit price of the other items.

J. Subcontractors. All subcontractors shall be documented on a subletting request, VDOT Form C-

31.

1.2.8. Federal Funding Requirements

A. This Project is funded by Smart Scale Funding and is subject to federal contract provisions and the Davis Bacon General Wage Decision. Should there be any discrepancies among mandatory requirements of federal, state and/or local laws or regulations, the federal aid or the most restrictive shall apply.

B. This is federally funded project; no negotiation shall be allowed with the selected bidder.

1.2.9. Safety

A. Prior to assuming any construction activities, the Contractor shall submit a site safety plan and company safety plan to the PM, Consultant Construction Manager, and A&E of Record.

B. The Contractor shall submit a list of emergency contact numbers to both the PM and A&E of

Record; such list shall also be posted on-site in an area that can be readily visible to first responders and others in the event of an emergency.

C. The Contractor shall immediately report any accidents or incidents to the PM or PM designee.

Post-accident reports shall be submitted to both the PM/PM designee and A&E of Record for further review.

1.2.10. Quality Control

A. The Contractor shall be responsible for Quality Control (QC) on the project. The Contractor shall review all construction work and associated activities on the project to verify conformance with the approved construction documents.

B. If the Contractor subcontracts quality control, the Contractor is prohibited from using the same third-party testing firm(s) that the City will use on the project.

C. Acceptance testing will be performed, at a minimum, by the City in accordance with VDOT standards, Virginia Test Methods, and/or locality standards, as applicable. The City and/or designee(s) will review all work and other associated activities on the project to verify conformance with the contract.

D. Cost for quality control testing is incidental to the associated line item.

1. Unit price shall include all overhead, profit, labor, materials, equipment, and incidental work and shall be the sum total compensation payable or creditable for such items of work in place. The unit price shall be good for the duration of the contract.

E. All erosion and sediment control measures shall be the responsibility of the Contractor and in accordance with VDOT Erosion and Sediment Control Standards.

1. All erosion control measures will be in place and reviewed by the Contractor at least once every five (5) business days and within 24 hours of a rainfall event or every four (4) business days to ensure compliance for the control of any erosion and siltation.

2. Any corrections or repairs will be made immediately by the Contractor at the Contractor's expense.

1.2.11. Existing Utilities

A. Improvements were developed using survey in the project corridor. Utilities are shown based on record and survey data. The exact condition of existing utilities are unknown. The City strongly recommends that the Contractor assess and document the condition of any utility in the work area prior beginning work as part of the requirement to verify location and condition of existing utilities.

B. The Contractor is responsible for coordination and protective measures required to safely perform work within utility transmission corridors.

C. The Contractor must contact the City Surveys Department (804-646-5404) 48 hours prior to start of any work that may impact existing right-of-way monuments and/or markings so that reference points may be established for all permanent monuments or baselines that may be disturbed.

1.2.12. Personnel

A. The Contractor shall submit a list of key personnel that will be assigned to the project/project areas. The list shall comprise of the following:

1. Name of Individual

2. Company Title/Position

3. Contact Numbers – Office and Mobile

4. E-mail Address

B. If personnel are removed from the project, the Contractor shall immediately notify the PM of the personnel change.

C. The Contractor shall seek approval from the PM prior to assigning new personnel to key positions overseeing the project.

1. The Contractor shall provide at minimum five (5) business days' notice of the change in personnel.

2. Following approval, the Contractor shall issue a revised key personnel chart to the PM.

1.2.13. Change Orders

A. Should unforeseen events occur that expand the initial scope, the Contractor shall submit a change order request (COR) to the A&E of record and PM. The Contractor shall provide a PDF on the City’s Proposed Change Order form of the COR outlining the basis of the request in which a change order is justified with supporting documentation to substantiate additional costs, increases, or requests for additional time.

B. The request will be thoroughly reviewed by the A&E of record, PM, and Department of

Procurement Services (DPS) prior to accepting or rejecting the request. This review will take a minimum of ten (10) business days.

1.2.14. Project Closeout

A. Project closeout shall entail a number of conditions and terms which must be satisfactorily met before the final payment per the last schedule of values.

B. Prior to close out of the project, the A&E of Record shall certify that there are no outstanding items pending on the project punch list and shall verify receipt of the Affidavit of Claims.

C. Close out of the project shall be at the discretion of the A&E of Record and PM or PM designee.

1.2.15. Deliverables

The Deliverables for the project shall include, but be not limited to, the following items which shall be relinquished to the City.

A. Progress Schedule. The Contractor shall submit to the City and Architect/Engineer for review and approval a proposed CPM-type Project Schedule within seven (7) calendar days prior to beginning work.

1. The schedule must show the anticipated time of commencement and completion of each of the various operations to be performed under this Contract, together with all necessary and appropriate information regarding sequence and correlation of work, and an estimated time required for delivery of all materials and equipment required for the project including a schedule of submission for submittals, shop drawings, and samples.

2. The proposed Project Schedule shall include each major milestone to be achieved for the duration of the project that directly coincides with the critical path. The milestones should include, but are not limited to, the following activities such as:

a. Award of subcontracts,

b. Material buyouts,

c. Submittal approvals,

d. Mobilization,

e. All construction activities, and

f. Associated inspections/testing.

3. The proposed Project Schedule shall be revised as directed by the City or Architect or

Engineer until approved and shall be considered the approved Project Schedule and strictly adhered to by the Contractor. The Project Schedule may only be revised per submittal by the

Contractor of a proposed Project Schedule revision in sufficient detail as determined by the

City for review and approval by the City.

4. Project Schedule progress updates shall be provided at each monthly Project Meeting and the

Project Schedule progress updates submitted at these meetings are not to be considered as

Project Schedule revisions or as a submittal for a Project Schedule revision.

5. Two weeks look ahead (TWLA) will be submitted every other Wednesday by close of business.

B. VDOT Forms for Source of Materials. The Contractor shall submit source of material/C-25 forms for all materials to be used on the project. Materials shall come from sources approved by

VDOT or approved by the City, where applicable. No materials shall be delivered for use on the project without prior approval of the C-25 form.

C. Shop Drawings. The Contractor shall submit Shop Drawings for all work requiring fabrication in accordance with City and VDOT specifications.

D. Payment Reporting/Certifications. This project is subject to the Davis Bacon General Decision

VA20260126. The Contractor shall submit documentation in the timeframes indicated to ensure compliance. The City Minority Business “Monthly Compliance Report” (MBE-3) shall be submitted with pay requests/invoices.

E. As-Built Drawings. The Contractor shall ensure that As-Built drawings are kept up to date throughout the project. Drawings will be reviewed periodically as part of the draft monthly pay application review and approval process. Monthly pay application processing may be delayed if as-built drawings are not up to date. All as-built drawings (one–hard copy and three electronic copies) are required by Final Completion of the project per review and approval requirements.

F. Inspection and Acceptance. Inspections of the new installations shall be coordinated by the

Contractor who shall be responsible for scheduling of the inspections with the City, City’s representative, and/or A&E of Record.

1. A minimum of ten (10) business days advanced notice will be required and will be subject to change based on the availability of all parties.

2. In-progress work will be tested and/or accepted in accordance with the project Construction

Quality Assurance Plan (CQAP).

3. Items requiring special inspection and acceptance will be inspected by the A&E of Record.

Other items will be inspected by the City’s representative.

4. Final acceptance testing will be coordinated by the Contractor and shall be scheduled at a time in advance to ensure presence of appropriate personnel. Acceptance shall be done in accordance with the project’s Construction Quality Assurance Plan, VDOT specifications, and this project’s Special Provisions. A final system acceptance test will be conducted by the

Contractor to ensure proper operation. Once the Contractor completes the final system acceptance tests and the City and/or A&E of Record acknowledge satisfactory completion and ninety (90) days of continuous operation, the system implementation will be deemed complete.

5. The Contractor shall provide a warranty for one year from final acceptance. The warranty period shall not commence until the final acceptance letter is issued by the City.

1.2.16. Disadvantaged Business Enterprise Requirements

A. Due to pending changes to the DBE program, the DBE goal for this Contract is 0%.

B. The Contractor will not be required to submit forms C-49, C-110, C-111, or C-112.

C. The Contractor shall be required to submit forms C-48 and C-63 omitting answers regarding gender and ethnicity.

1.2.17. Documents to be Submitted with Bid

The Bidder must include the following documents along with their bid for the purposes of verifying experience and references.

A. References. The Bidder must provide a minimum of three (3) references on projects with similar scope and complexity for the Prime Contractor and each key subcontractor that will participate in the Project. All references listed may be contacted and questioned about the firm’s overall capabilities; any problems that developed during performance of work; and quality and performance of applicant's personnel. The references should include the owner project manager’s contact name, title, address, telephone number, and email address of at least three (3) references with whom the Bidder has worked during the last five years. Briefly identify the project, location, original and final period of performance, original and final contract amount, reason for any change orders, staffing level, and services performed for each reference.

B. Experience on Projects of Similar Scope. The Bidder must identify five (5) projects performed within the last ten years or currently in progress where the firm was the Prime Contractor or the

General Contractor, focusing on what the Bidder considers most relevant in demonstrating the qualifications for this Project. Briefly identify the project, scope of work, equipment used to complete the work, location, period of performance, contract amount, and Bidder’s role (i.e.

prime contractor, subcontractor (tier), supplier, etc.).

C. Key Personnel. The Contractor must provide information about those to whom the project will be assigned and who will be performing the actual work, including the following Key Personnel.

Resumes for individuals who are not identified as Key Personnel should not be included.

1. Project Manager – This individual shall be responsible for the overall project construction, quality management, schedule, and contract administration. A minimum of five years relevant and verifiable experience is required.

2. Superintendent/Foreman – This individual, who will be required to be on the project site for the duration of construction operations, shall be responsible for managing the construction process, to include all Quality Control (QC) activities to ensure the materials used and work performed meet the requirements of the Contract Documents.

D. Qualified Personnel. The Bidder shall provide resumes of qualified personnel that will be assigned to work orders including a copy of IMSA Level II, Confined Space Training and VDOT

Intermediate Work Zone, Safety Training certifications. OSHA certifications, and other applicable safety certificates.

E. Safety (Contractor’s Safety Program). The Bidder must submit a copy of the firm’s operational and safety program detailing standard operating procedures and safety protocols and a copy of the

VDOT Work Zone Traffic Control certification.

1.2.18. Award

A. Contract award shall be based on the total extended bid price and shall be made to the lowest responsive, responsible bidder.

B. Quantities shown on the Unit Price Bid Sheet in section 4.1 may not represent the actual amount of work to be done under this Contract.

C. The City reserves the right to perform all, part, or none of the work.

1.3. Prequalification

A. This project has not been prequalified under the Code of the City of Richmond, Section 21-46.

B. This is a Federal-aid project which requires that all Bidders be prequalified by the Virginia

Department of Transportation (VDOT).

1. Bidders whose prequalification is pending approval may submit a bid but must provide proof of prequalification status prior to accepting award.

2. Subcontractors must be VDOT prequalified at the "Subcontractor Only" level or above prior to beginning work.

2. GENERAL CONDITIONS OF THE CONTRACT

2.1. Definitions

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

2.1.1. Architect or Engineer

Means an individual, firm, partnership, association, properly qualified person or the legally authorized representative(s), designated by the Owner, experienced in and legally qualified to practice the profession involved for the administration of the contract, inspections and testing. The term shall apply to the Owner when the Owner is acting as its own Architect or Engineer.

2.1.2. As Built Drawings

Means reproducible drawings with all changes that have been made to the original construction drawings prior to the completion of the project.

2.1.3. Calendar Day

Means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays and

Holidays. The term “day” shall mean calendar day whether or not expressly identified.

2.1.4. Contract or Contract Document

Means the written agreement executed by the Owner and Contractor setting forth the obligations of the parties, including but not limited to performance of the work, furnishing of labor, equipment and materials, and the basis of payment. It shall include but not necessarily be limited to the Request for

Qualifications, Contractor’s Submittal, the Invitation for Bid, the Bid, the General Conditions of the

Contract, Special Provisions, Performance Bond, Payment Bond, Certificate of Insurance, Drawings, Specifications, Addenda, Minority Enterprise Business forms, written Change Orders, extra Work Orders, and Agreements required to complete the construction of the project, including authorized extensions thereof, in an acceptable manner, all of which constitute one instrument.

2.1.5. Contractor

Means any person, firm, association, joint venture, partnership or corporation that for a fixed price, commission, fee or percentage undertakes to bid upon, or accepts or offers to accept orders for performing or superintending in whole or in part the construction, demolition, removal, repair or improvement of any building or structure.

2.1.6. Field Order

Means an Architect or Engineer’s instructions to the Contractor issuing interpretation of the Contract

Documents, or ordering minor changes in the work not involving changes in the Contract time or Contract amount.

2.1.7. Minority Business

Minority business enterprise means a business at least fifty-one percent (51%) of which is owned and controlled or fifty-one percent (51%) minority-owned and operated by minority group members or, in case of a stock corporation, at least fifty-one percent (51%) of the stock which is owned and controlled by minority group members.

Minority group members means citizens of the United States who are Blacks, Hispanics, Asians, Indians, Eskimos or Aleuts.

Minority, in the context of construction contracts, means a minority that has been subjected to legally mandated racial segregation in Richmond.

Disadvantaged business means a small business that is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position within the economy because of social disadvantages.

2.1.8. Mistake

Means every type of error, clerical or otherwise.

2.1.9. Notice

Means all written notices, including demands, instructions, claims, approvals and disapprovals, required or authorized under the Contract Documents.

2.1.10. Notice To Proceed

Means the written instruments allowing the contractor to proceed with the development of submittals, ordering of materials and any other preparation required to adequately start the Work.

2.1.11. Operating and Maintenance Instructions

Means all documents specifically written or marked cut sheets for the project on all major components, bound or otherwise assembled in booklet form. Furnish for each major piece equipment operation instructions, maintenance procedures and parts list.

2.1.12. Owner

Means the City of Richmond, Virginia, acting by and through its authorized agent(s) or representative(s).

2.1.13. Performance Time

Means the length of time allowed for the execution of the Work, including any authorized time extensions. Performance time shall include all lead times for materials, submittal preparation and other administrative matters outside of bond issuance.

2.1.14. Plans

Means those drawings specifically referred to as such in the Contract Documents. Supplementary drawings issued after Contract Award showing changes in the work shall be binding upon the Contractor with the same force as the Plans.

2.1.15. Similar

Where the word "similar" appears on the drawings or specifications, it shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection with other parts of the work, and it shall be equal in quality and performance.

2.1.16. Subcontractor

Means a person, partnership or corporation to whom the Contractor, with written consent of the Owner, sublets part of the work. A Subcontractor has no contractual relationship with the Owner.

2.1.17. Substantial Completion

Means that the Work has progressed to the stage where the entire project, including mechanical, electrical, and equipment installations, can be occupied or used by the Owner for its intended purpose, and when any remaining work can be done without interfering with the Owner's use and formal instruction on all major equipment operation and maintenance, both verbal and written, along with as-built reproducible drawings have been given. The Owner will notify the Contractor, in writing, the date of substantial completion has been reached, based on the recommendation of the Architect or Engineer.

2.1.18. Work

Means everything express or implied required to be furnished and performed by the Contractor under the

Contract and shall include both Contract Work and Extra Work.

2.2. City of Richmond Terms and Conditions

2.2.1. Advertising Clause

It is understood and agreed that, in the event a contract is awarded for the supplies, equipment, or services included in this proposal, that no indications of such sales or services to the City of Richmond will be used in any way in product literature or advertising unless with written approval of the City of Richmond and only for bibliographical and curriculum vitae purposes.

2.2.2. Applicable Law and Courts

This solicitation and any resulting contract shall be governed in all respects by the laws of the City of

Richmond and any litigation with respect thereto shall be brought in the courts of the City. In performing the Work under the Contract, the Contractor shall comply with applicable Federal, State, and Local laws and regulations.

2.2.3. Assignment & Subcontracting

The Contractor shall not assign the Contract or any parts of the Contract without the prior written consent of the Owner nor shall the Contractor assign any monies due or to become due hereunder without the prior written consent of the Owner.

The Contract shall not be subcontracted without the prior approval of the City of Richmond.

2.2.4. Audit

The City reserves the right to audit all aspects of the Contract: the vendor’s financial capability and accounting system, basis for progress payments, compliance with applicable laws, as well as appropriate vendor records. The City further reserves the right to review, on demand and without notice, all files of any subcontractor employed by the Contractor to provide services or commodities under this Contract where payments by the City are based on records of time, salaries, materials or actual expenses. In cases where the vendor maintains multiple offices, records to be audited should be maintained locally or be deliverable to a location in the metro-Richmond area.

2.2.5. Authorized Signature

All bids must be signed in order to be considered. If the bidder is a firm or corporation, the bidder must show the title of the individual executing the bid and a resolution authorizing the individual to sign the bid and subsequent contract.

2.2.6. Availability of Funds

It is understood and agreed between parties to any agreement resulting from this proposal that the City shall be bound hereunder only to the extent of funds available or which may hereunder become available for the purposes of this Agreement.

It is further understood and agreed between the parties to any agreement resulting from this proposal that the City shall not be obligated to purchase or pay for insurance or services covered by this Agreement unless and until they are ordered, delivered, or performed for the City.

2.2.7. Award

The City of Richmond will make the award to the lowest responsive/responsible bidder. The Department of Procurement Services reserves the right to conduct any test it may deem advisable and to make all evaluations necessary. The City of Richmond also reserves the right to reject any or all bids/proposals, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the City of Richmond to be in its best interest. The City also reserves the right to award in whole or in part; to one vendor or multiple vendors, whichever is deemed to be most advantageous and in the best interest of the City.

2.2.8. Century Compliance

Hardware, software and firmware products, individually and in combination, shall be capable of processing dates that cross or span century boundaries with the correct system date, without human intervention, including leap year calculations and shall also provide correct results when moving forward or backward in time or century.

2.2.9. Contractor Accessibility

It is understood and agreed that in the event of equally qualified (and responsive) bidders for an award, the award shall be granted to the bidder with the greatest degree of accessibility to the City officials responsible for administering the Contract. (This policy shall not apply if specifically prohibited.)

2.2.10. Default

In case of default of the successful bidder, or it fails to deliver the supplies or services ordered by the time specified, the City, after due notice (verbal or in writing), may procure them from other sources and hold the bidder responsible for any excess cost occasioned thereby. This remedy shall be in addition to any other remedies available to the City.

2.2.11. Delivery

Time of proposed delivery shall be stated in number of calendar days. General terms such as "stock", "immediately", and "as soon as possible", may because for rejection. Unless otherwise specified, quote earliest delivery date as it may be considered a factor in making award.

2.2.12. Descriptive Literature

Bidder shall submit with its bid descriptive literature of equipment or supplies, which it proposes to furnish, if such articles are of a different manufacture than those specified herein. Should the description furnished in such literature differ from the specifications submitted by the City, and no mention is made to the contrary, it shall be construed to mean that the bidder proposes to furnish equipment or supplies in accordance with such description and not in accordance with the City's specifications, and its bid will be evaluated accordingly.

2.2.13. Drug Free Work Place

City Resolution No. 2000-R197-191 prohibits the City of Richmond from contracting with any vendor that fails to comply with this policy. The vendor by its signature hereto certifies that it has taken and shall continue to take appropriate and effective action to (1) educate its employees about the dangers of drug abuse in the workplace; (2) provide its employees with effective drug counseling, rehabilitation and employee assistance programs; (3) discipline employees who violate the requirement of a drug free workplace, and (4) minimize, to the greatest extent possible, the risks of drugs entering the workplace. The vendor is also prohibited from contracting with any other party that fails to comply with this policy.

Failure by a vendor or its subcontractor to comply with the provisions outlined above will be cause for termination of the contract.

2.2.14. Employment Discrimination

The City of Richmond prohibits employment discrimination by its contractors. In accordance with section 21-70 of the Richmond City Code, during the performance of every contract over $10,000, the contractor agrees as follows: (a) the Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; (b) the Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer; (c) notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirement of this section. The Contractor will include the provisions of this section in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

2.2.15. Ethics in Public Contracting

By submitting a Bid in response to this Invitation for Bids, the bidder certifies and warrants that (i) it has not violated any provisions of federal law, the Code of Virginia, the Richmond City Charter, or the

Richmond City Code (ii) its Bid is made without collusion or fraud, (iii) it has not offered or received any kickbacks or inducements from any other contractor, supplier, manufacturer or subcontractor in connection with its bid and (iv) it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. The bidder agrees that if such warranty is in any respect breached, such breach shall constitute a material breach of any contract that the City may award to it and it shall pay to the City the full price agreed by the City to be paid for the supplies, materials, equipment or services to be furnished under its bid.

2.2.16. Faith Based Organizations

The City of Richmond does not discriminate against faith-based organizations. By signing its bid, the bidder, if a faith-based organization, agrees that it understands the requirements of City Code §21-43 (Va.

Code § 2.2-4343.1).

2.2.17. Incorporation of Policies and Procedures

This solicitation is subject to the provisions of the Chapter 21 of the Code of the City of Richmond, the

Department of Procurement Services Policies and Procedures and the Virginia Public Procurement Act and any revisions thereof, which are hereby incorporated into this contract by reference. Copies of these documents may be viewed at the City of Richmond’s website (www.RichmondGov.com).

2.2.18. Indemnity

http://www.richmondgov.com/

The Vendor agrees to defend, save harmless and indemnify the City from and against any and all claims for damages against the City caused by the Vendor’s errors, omissions or negligent acts in the performance of this contract.

2.2.19. Informalities

The City reserves the right to waive any informality in bids. Bids making exceptions to terms and conditions included in this Invitation may be considered, but preference may be given to those who do not make such exceptions.

2.2.20. Invoicing

The Contractor shall submit invoices that include the following: unique invoice number; corresponding purchase order number; and, Contractor’s Federal Tax Identification Number (TIN). All invoices must be itemized and include sufficient detail to enable the City to ensure that the item was ordered and corresponds with the Contract price for the item. Failure to include the aforementioned information on the invoice may result in the invoice being rejected, returned, and unpaid. The Contractor shall submit the original invoice to either:

accountspayable@rva.gov or

City of Richmond

Accounts Payable

900 East Broad Street

Richmond, VA 23219

2.2.21. Insurance

The Contractor shall provide and keep in full force and effect during the performance of the contract the kinds and amounts of insurance prescribed in this paragraph, and shall comply with all other provisions of this paragraph. Such insurance shall be provided and kept in full force by insurance companies authorized to do business in the Commonwealth of Virginia and acceptable to the City. The Contractor shall pay all premiums and other costs of such insurance. It will be assumed that the consideration paid or to be paid to the Contractor for the performance of the contract includes the premiums and other costs of such insurance and that the City shall not be responsible therefor. Each insurance Policy and Certificate of Insurance shall be signed by duly authorized representatives of such insurance companies which shall be licensed to business in the Commonwealth of Virginia and shall be countersigned by duly authorized local agents of such companies. The certificates and evidence of coverage will be complete before the

City signs the contract.

All Certificates of Insurance shall show the Contract Number. The Contractor shall not be required to furnish the City with copies of the insurance contracts required by this paragraph unless requested from time to time by the Director of Procurement but the Contractor shall provide a Certificate of Insurance issued by such insurance companies in which the company shall irrevocably warrant that the insurance is provided to enable the Contractor to comply with and provide the required insurance provided. However, in no event shall the Insurance Contract be expanded to afford coverage which is greater than the maximum coverage approved for writing in the Commonwealth of Virginia., All insurance contracts and policies shall provide, or be endorsed to provide, (i) subrogation against the City shall be waived; (ii) the

City and its officers, employees, agents and volunteers shall be named as an additional insured, except for

Workers Compensation; (iii) coverage will not be canceled or modified by the insurer for non-payment of premiums without thirty (30) days prior notice to the City; (iv) the insolvency or bankruptcy of any of the insured shall not release the insurer from its obligation to satisfy claims otherwise within the coverage of such policies. The City reserves the right to require, without cause, insurance in greater amounts than those set out below in this paragraph on any Contract, provided notice of such requirements is given prior to final acceptance of the Bid. The insurance contract shall provide that the insolvency or bankruptcy of any of the insured shall not release the insurer from its obligation to satisfy claims otherwise within the coverage of such policies.

SCHEDULE OF INSURANCE COVERAGE

A. Commercial General Liability Insurance with a combined single limit of not less than $1,000,000 per occurrence.

B. Automobile Liability Insurance with a combined limit of not less than $1,000,000 per occurrence.

C. Statutory Workers’ Compensation and Employers’ Liability with the Alternate Employers

Endorsement WC 000301. If any employee of the Contractor is not subject to the provisions of the Virginia Worker's Compensation Act, the Contractor shall nevertheless insure payment of the same compensation to such employee as is provided for by the Virginia Worker's Compensation

Act.

D. Professional Errors and Omissions Insurance with limits of not less than $1,000,000 per occurrence. (Submit only if applicable.)

E. Other insurance as required based upon the nature of the contract.

All insurance contracts shall name the City as an additional insured.

Further, the Contractor shall assume the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any negligent act or omission or any willful misconduct on the part of the Contractor, its subcontractors, agents or employees under or in connection with the IFB or the performance of or failure to perform any work required by the IFB. The

Contractor shall save harmless and indemnify the City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to court costs and reasonable attorney’s fees, which either or both of them may suffer, pay or incur as the result of claims or suits do to, arising out of or in connection with any and all such damage, real or alleged, to the extent caused by the Vendor’s negligence or willful misconduct.