831445roadHampt.pdf

ITB 27-01TM

BID PROPOSAL AND PROJECT MANUAL

Pine Chapel Road Corridor Improvements VDOT Project No: U000-114-382

UPC: 120901

CITY OF HAMPTON

Procurement Office

Division of Finance Community, Municipal Services, Education

Hampton, Virginia

Issued: Tuesday, June 23, 2026

Non-Mandatory Pre-Bid Conference: Tuesday, July 7, 2026 at 1:30 pm ET at:

Zoom Meeting details in Bid Document

Pre-Bid Questions Due by: Tuesday, July 14, 2026 at 3:30 pm ET

Bids Due: Tuesday, July 28, 2026 at 11:00 am ET to:

Consolidated Procurement Office (1 Franklin Street, Suite 345, Hampton, VA 23669) or Electronically via DemandStar

INVITATION FOR BID PREPARED BY:

Name: Tammy Martin Title: Senior Buyer Telephone: (757) 727-2205 Email: tmartin@hampton.gov

City of Hampton – Pine Chapel Road Corridor Improvements VDOT Project No.: U000-114-382

ITB 27-01TM

TABLE OF CONTENTS

GENERAL:

NOTICE OF ADVERTISEMENT ............................................................................................. A-1

REQUIRED BID RESPONSE DOCUMENTS:

I. BID FORM ................................................................................................................ B-1

A. BID PROPOSAL & CONTRACTOR TABULATION SHEET .......................... B-1

B. ADDENDA ACKNOWLEDGEMENT .............................................................. B-4 C. BIDDER COMPLIANCE ................................................................................ B-5 D. BIDDER SIGNATURE ................................................................................... B-6 E. BIDDER CONTACT INFORMATION ............................................................. B-7

II. VIRGINIA CONTRACTOR’S LICENSE .................................................................. B-8 III. CERTIFICATION REGARDING DEBARMENT..................................................... B-11

IV. ANTI-COLLUSION / NON-DISCRIMINATION / DRUG-FREE WORKPLACE ..... B-12

V. BID BOND ............................................................................................................. B-13 VI. SWAM BUSINESS PROGRAM FORMS .............................................................. B-15

MINORITY AND WOMAN-OWNED BUSINESS PROGRAM INFORMATION ....................... D-1

SAMPLE AGREEMENT TEMPLATE .................................................................................... E-1

OTHER FORMS:

I. PRE-BID QUESTION FORM .................................................................................... C-1 II. CONTRACTOR QUESTIONNAIRE FORM .............................................................. C-3 III. CONTRACT PERFORMANCE AND PAYMENT BOND ......................................... C-9 IV. INSURANCE CERTIFICATES ............................................................................. C-11

PROJECT SPECIFIC CITY PROVISIONS

VDOT ROAD & BRIDGE SPECIFICATIONS: SPECIAL PROVISION COPIED NOTES

(SPCNs), SPECIAL PROVISION (SPs), AND SUPPLEMENTAL SPECIFICATIONS (SSs):

DIVISION I (100 SERIES) – GENERAL PROVISIONS

DIVISION II (200 SERIES) – MATERIALS

DIVISION III (300 SERIES) – ROADWAY CONSTRUCTION

DIVISION IV (400 SERIES) – BRIDGES AND STRUCTURES

DIVISION V (500 SERIES) – INCIDENTAL CONSTRUCTION

DIVISION VI (600 SERIES) – ROADSIDE DEVELOPMENT

DIVISION VII (700 SERIES) – TRAFFIC CONTROL DEVICES

ATTACHMENTS:

PLAN SET

ITB 27-01TM

NOTICE OF ADVERTISEMENT

PROJECT: Pine Chapel Road Corridor Improvements

VDOT Project No: U000-114-382 / UPC 120901 LOCATION: City of Hampton, Virginia DATE: Tuesday, June 23, 2026

The City of Hampton, Virginia will receive sealed Bids for the above titled Project at the Procurement Office, located at 1 Franklin Street, Suite 345, Hampton, VA 23669, or electronically via DemandStar (http://www.demandstar.com) until 11:00 am ET on Tuesday, July 28, 2026 at which time the Bids will be publicly opened and read aloud. Any Bids received after the specified time and date will not be considered.

Faxed or emailed responses shall not be accepted. Any Bids received after the specified time and date will not be considered.

The work under this Project generally consists of constructing a sidewalk on the south side of Pine Chapel Road from Coliseum Drive to Saville Row within the existing right-of-way by utilizing a road diet from 4 lanes to 3 lanes (2 through lanes with a center two-way left turn lane) and to improve the pedestrian facilities at both signalized intersections. The project includes installing storm sewer structures, concrete curb and sidewalks, asphalt surface pavement mill and overlay, stamped asphalt crosswalks, and traffic signal improvements. These improvements are funded through the state Revenue Sharing program, which provides a state match for local funds spent on the project.

This Project shall be constructed in accordance with: the Plans, the American Association of State Highway and Transportation Officials – A Policy on Geometric Design of Highways and Streets, dated 7th Edition, 2018; the City of Hampton Public Works Design and Construction Standards, dated 2012;

the Virginia Department of Transportation Road and Bridge Specifications (VDOT R&B Specifications), dated 2020; the Virginia Department of Transportation Road and Bridge Standards (VDOT R&B Standards), dated 2016; the Virginia Work Area Protection Manual (VWAPM), Rev. 2.1:

dated November 1, 2020; the 2009 edition of the FHWA Manual on Uniform Traffic Control Devices (MUTCD) with Revision 1 and Revision 3, dated 2022; the 2011 Virginia Supplement to the MUTCD with Revision Number 1, dated 2013; the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Project Specific Provisions, City Provisions, Supplemental Specifications, Special Provisions and Special Provision Copied Notes in this Bid Document.

A NON-MANDATORY PRE-BID CONFERENCE will be held at 1:30 pm ET on Tuesday, July 7, 2026 via Zoom.

Join Zoom Meeting online:

Link: https://us06web.zoom.us/j/86814282161?pwd=uMropeAFIDaISn4hptlZabiyFF0p5Q.1

Or by Conference Call: 888-475-4499 Meeting ID: 868 1428 2161 Passcode: 801946

PRE-BID QUESTIONS DUE: Tuesday, July 14, 2026 by 3:30 pm ET. Submit all pre-bid questions to Tammy Martin, Senior Buyer via email (TMartin@Hampton.gov). Please utilize the form in this solicitation for all pre-bid questions.

https://us06web.zoom.us/j/86814282161?pwd=uMropeAFIDaISn4hptlZabiyFF0p5Q.1

ITB 27-01TM

In accordance with the Code of Virginia § 2.2-4336, Bid Security in the amount of five percent (5%) of the Bid shall be submitted with each Bid.

Contractor registration is required in accordance with the Code of Virginia Title 2.2 Chapter 43 and Title

54.1 Chapter 3.

Bidders shall be prequalified with VDOT, in accordance with Section 102.01 of the VDOT Road and Bridge Specifications and as listed at any prequalified level on VDOT’s List of Prequalified Vendors.

Contract value restrictions for Probationary, Currently Inactive, and Conditional prequalified levels are waived for this project.

This is a state funded project with an MBE goal set at 4.34% and WBE goal set at 3.82%.

Bid Documents are available electronically via the City’s Procurement website and eVA. Contact the Procurement Office, City of Hampton at (757) 727-2200 if assistance is needed.

Withdrawal of Bids due to error shall be subject to and in accordance with the Code of Virginia § 2.2-4330 and the Contract Documents. The Owner reserves the right to reject any and all Bids and to waive any minor non-substantive errors in the Bid.

The City of Hampton does not discriminate in the solicitation or awarding of contracts on the basis of race, religion, color, national origin, age, disability, faith-based organizations as the term is defined in the Code of Virginia § 2.2-4343.1, or any other basis prohibited by state or federal law.

FHWA policy prohibits the use of convict labor and material for projects located on this project.

All bids received in accordance with the terms of the advertisement shall be publicly opened and announced by total amount. If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. Negotiation with contractors, during the period following the opening of bids and before the award of the contract, shall not be permitted except as provided in the Code of Virginia § 2.2-4318.

All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Trade secrets or proprietary information submitted by the Bidder in connection with this Bid pursuant to the Code of Virginia § 2.2-4317, subsection B shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.); however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary per the Code of Virginia § 2.2-4342.

Unless otherwise provided in the Invitation to Bid, the name of a certain brand, make or manufacturer shall not restrict bidders to the specific brand, make or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the public body in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

By: Tammy Martin Senior Buyer City of Hampton

Procurement Department

REQUIRED BID RESPONSE DOCUMENTS

ITB 27-01TM

I. BID FORM

Bids to be opened:

Contract Time Limit Performance Bond:

Payment Bond:

Bid Security:

11:00 am ET Tuesday, July 28, 2026

360 Days 100% 100% 5%

To: City of Hampton, Virginia 1 Franklin Street, Suite 345 Hampton, VA 23669

A. BID PROPOSAL

In compliance with the Contract Documents, titled ITB #27-01TM Pine Chapel Road Corridor Improvements, VDOT Project No: U000-114-382 / UPC 120901, and all Addenda issued to date all of which are part of this Bid, the undersigned hereby proposes to furnish all items including materials, supervision, labor, and equipment in strict accordance with, said Contract Documents, for the total base sum of:

SEE CONTRACTOR BID TABULATION SHEET(S), STARTING NEXT PAGE

VDOT Project No: U000-114-382

ITB 27-01TM

CONTRACTOR BID TABULATION SHEET

Item No. Description Quantity Unit Unit Price Extended Price

1 MOBILIZATION 1 LS $ $

2 MAINTENANCE OF TRAFFIC 1 LS $ $

3 CONSTRUCTION SURVEYING 1 LS $ $

4 CLEARING AND GRUBBING 1 LS $ $

5 EROSION AND SEDIMENT CONTROL 1 LS $ $

6 SOIL STABILIZATION 1 LS $ $

7 DEMOLITION OF PAVEMENT (RIGID/FLEXIBLE) 2,550 SY $ $

8 REGULAR EXCAVATION 800 CY $ $

9 UNDERCUT EXCAVATION (UNSUITABLE

MATERIAL) (AS NEEDED) 25 CY $ $

10 BEDDING MATL. AGGR. NO. 57 (AS NEEDED) 25 CY $ $

11 AGGR. MATERIAL NO. 3 (SUBGRADE

STABILIZATION) (AS NEEDED) 25 CY $ $

12 GEOTEXTILE (SUBGRADE STABILIZATION) (AS

NEEDED) 25 SY $ $

13 AGGR. MATERIAL NO. 25 OR 26 (AS NEEDED) 25 CY $ $

14 SELECT MATERIAL (TYPE II) (CBR 20) 750 CY $ $

15 HYDR. CEMENT CONC. SIDEWALK (4") 690 SY $ $

16 HYDR. CEMENT CONC. SIDEWALK (7") (CURB

RAMPS) 290 SY $ $

17 CG-12 DETECTABLE WARNING SURFACE 38 SY $ $

18 STD. CURB CG-2 540 LF $ $

19 STD. COMB. CURB & GUTTER CG-6 1,790 LF $ $

20 STD. COMB. CURB & GUTTER CG-7 20 LF $ $

21 MEDIAN STRIP MS-2 215 SY $ $

ITB 27-01TM

CONTRACTOR BID TABULATION SHEET

22 ENTRANCE GUTTER CG-11 660 SY $ $

23 FLEXIBLE PAVE.PLANING 0"-3" 9,300 SY $ $

24 ASPHALT CONC. SURFACE COURSE TYPE SM-

9.5A (2") 10,350 SY $ $

25 ASPHALT CONC. BASE COURSE TYPE BM-

25.0A (6") 1,200 SY $ $

26 AGGR. BASE MATERIAL NO. 21B (8") 1,200 SY $ $

27 DROP INLET DI-2C, L=4' 2 EA $ $

28 DROP INLET DI-1 1 EA $ $

29 SIDEWALK TRENCH DRAIN 2 EA $ $

30 15" CONC. PIPE 16 LF $ $

31 MANHOLE MH-1 OR 2 2 EA $ $

32 MANHOLE FRAME AND COVER 2 EA $ $

33 MODIFY EXIST. STRUCTURE 2 EA $ $

34 REMOVE EXIST. STORM/SANITARY

STRUCTURE 3 EA $ $

35 ADJUST EXIST. FRAME AND COVER 6 EA $ $

36 REMOVE EXIST. SIGN PANEL AND POST 17 EA $ $

37 SIGN PANEL 154 SF $ $

38 SIGN POST STP-1, 2 1/2", 12 GAUGE 18 EA $ $

39 CONCRETE FOUNDATION STP-1 TYPE A 13 EA $ $

40 CONCRETE FOUNDATION STP-1 TYPE B 5 EA $ $

41 TYPE B CLASS I PAVEMENT LINE MARKING, 4” 10,922 LF $ $

42 TYPE B CLASS I PAVEMENT LINE MARKING, 12” 702 LF $ $

ITB 27-01TM

CONTRACTOR BID TABULATION SHEET

43 TYPE B CLASS I PAVEMENT LINE MARKING, 24” 865 LF $ $

44 TYPE B CLASS I PAVEMENT SYMBOL MARKING

TURN ARROW 30 EA $ $

45 AGGREGATE REINFORCED THERMOPLASTIC

PAVEMENT MARKING 3,900 SF $ $

46 TREE (WILLOW OAK, 2” CAL., 8’-10’ HEIGHT) 3 EA $ $

47 TREE (SWEETBAY MAGNOLIA, 2” CAL., 8’-10’

HEIGHT) 5 EA $ $

48 TREE (AUTUMN BRILLIANCE SERVICEBERRY,

2” CAL., 8’-10’ HEIGHT) 3 EA $ $

49 PROJECT IDENTIFICATION SIGN 2 EA $ $

50 REMOVE & SALVAGE EXIST. SIGNAL

EQUIPMENT 1 LS $ $

51 CONCRETE FOUNDATION, PF-2 3 EA $ $

52 PEDESTAL POLE (PF-2, 10') 3 EA $ $

53 PEDESTRIAN SIGNAL HEAD (SP-8) 4 EA $ $

54 CONDUCTOR CABLE (14/2) 1,469 LF $ $

55 CONDUCTOR CABLE (14/4) 897 LF $ $

56 CONDUCTOR CABLE (14/7) 125 LF $ $

57 8 EGC CONDUCTOR CABLE 1,469 LF $ $

58 CONDUIT 3" HDPE 413 LF $ $

59 CONDUIT 4" HDPE 9 LF $ $

60 BORED CONDUIT 3" HDPE 65 LF $ $

61 BORED CONDUIT 4" HDPE 84 LF $ $

62 METAL CONDUIT 4" GALV. STEEL 13 LF $ $

63 JUNCTION BOX JB-S2 5 EA $ $

ITB 27-01TM

CONTRACTOR BID TABULATION SHEET

64 TRAFFIC SIGNAL HEAD (4-SECTION, 12") (LED

HIGH-VISIBILITY BACKPLATE) 1 EA $ $

65 TRAFFIC SIGNAL HEAD (5-SECTION, 12") (LED

HIGH-VISIBILITY BACKPLATE) 1 EA $ $

66 HANGER ASSEMBLY (SM-3, 1-WAY) 2 EA $ $

67 HANGER ASSEMBLY (SMB-1, 1-WAY) 3 EA $ $

68 HANGER ASSEMBLY (SMB-3, 1-WAY) 1 EA $ $

69 HANGER ASSEMBLY (SMD-2, 1-WAY) 12 EA $ $

70 PEDESTRIAN ACTUATION (PA-2) 12 EA $ $

71 PEDESTRIAN ACTUATION (PA-4) 6 EA $ $

72 VIDEO DETECTION SYSTEM (FISH EYE) 1 EA $ $

73 EVP DETECTION SYSTEM (3-WAY) 1 EA $ $

74 LOCAL CONTROLLER, TY. A (NEMA TS-2 TYPE

2) 2 EA $ $

75 UPGRADE EXISTING SIGNAL BACKPLATES

(LED HIGH-VISIBILITY BACKPLATE) 1 LS $ $

TOTAL CONSTRUCTION BASE BID $

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. The prices quoted shall include without exception all materials, supervision, labor, equipment, appliances, clean-up, incidental items, applicable sales, use and other taxes, insurance, building permit or fees, and the Contractor's labor, overhead, profit, mobilization and other mark-ups, and in full accordance with the Contract Documents.

Include allowance for waste where appropriate. The unit prices shall be maintained throughout the Contract Time.

Discrepancies between multiplication of units of work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in the favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words.

ITB 27-01TM

B. ADDENDA ACKNOWLEDGEMENT

The undersigned acknowledges receipt of the following addenda (if applicable):

Addendum No. __ Dated: __________

Addendum No. __ Dated: __________

Addendum No. __ Dated: __________

Addendum No. __ Dated: __________

Addendum No. __ Dated: __________

ITB 27-01TM

C. BIDDER COMPLIANCE

1. Bidder agrees that the City of Hampton, Virginia shall have the right to waive any informalities or minor non-substantive errors in the Bid. Award shall be based on the lowest responsive and responsible Bid for Base Bid.

2. Bidder agrees that all prices stated herein shall be Firm for a period of 120 Calendar Days.

3. Bidder has carefully examined the Plans, Specifications, and all other documents pertaining thereto and thoroughly understand the contents thereof.

4. Bidder has examined the location of the proposed Work and source of supply of materials.

5. Bidder is prequalified with VDOT, in accordance with Section 102.01 of the VDOT Road and Bridge

Specifications and as listed at any prequalified level on VDOT’s List of Prequalified Vendors under VDOT Vendor ID:_______________________.

6. Bidder agrees to bind himself upon award of the City of Hampton, Virginia under this proposal to a contract with necessary surety bond to start work within ten (10) calendar days of Notice to Proceed or as excepted by other contract language permitted by the Specifications, and to complete all Work in accordance with the Plans and Specifications within the Contract Time Limit.

7. Upon acceptance of Bidder’s response, the Bidder will be asked to execute a formal Contract and required to furnish a payment bond and a performance bond (per Code of Virginia § 2.2-4337) and a certificate of insurance (per Code of Virginia § 2.2-4332). Bidder will execute and furnish the same within ten (10) calendar days of such notice. Failure to do so will mean forfeiture of any Surety Bidder may have been required to post as part of Bidder’s response.

8. Bidder’s Business, whether organized as a stock or non-stock Corporation, limited liability company, Business trust, limited partnership, or registered as a registered limited liability partnership, is authorized to transact business in the Commonwealth of Virginia as a domestic or foreign Business entity if so required by Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law. Bidder shall include in his proposal the identification number issued to it by the State Corporation Commission or a statement describing why the Bidder is not required to be so authorized.

9. Bidder meets all licensing and permit requirements to conduct business in the City of Hampton, Virginia.

10. CONTRACTOR'S REGISTRATION:

Registered Virginia Contractor Class and No. ______________________________ (issued to Contractor by DPOR)

State Corporation Commission Registration No. _____________________________ (issued to Contractor by the SCC)

***In Accordance with §54.1-1115(A)(1) and (A)(6) of the Code of Virginia, Bidder shall include a copy of Contractors License with Bid Response.***

(NOTE: FAILURE TO INCLUDE CONTRACTOR’S REGISTRATION

NUMBER IS GROUNDS FOR REJECTION OF THE BID.)

ITB 27-01TM

D. BIDDER SIGNATURE

Name of Contractor:

Authorized Signature:

Printed Name:

Title:

Date:

(NOTE: If Bidder is a corporation, write state of incorporation next to Name of Contractor.)

Vendor / Federal ID Number (FIN):

DUNS Number:

Is Bidder SWaM certified? Yes No Is Bidder DBE certified? Yes No

Is Bidder a Minority-Owned Business? Yes No

If yes, please indicate the “minority” classification below:

African American Hispanic American Native American Asian American Other: _________________

Please Explain:

Is Bidder Woman Owned? Yes No Is Bidder a Small Business? Yes No Is Bidder a Faith-Based Organization? Yes No

ITB 27-01TM

E. BIDDER CONTACT INFORMATION

MAILING ADDRESS, TELEPHONE NUMBER, FAX NUMBER & EMAIL ADDRESS OF BIDDER:

IF CORPORATION, PROVIDE NAME AND MAILING ADDRESS AS REQUIRED BELOW:

PRESIDENT SECRETARY TREASURER

IF PARTNERSHIP, PROPRIETORSHIP, LIMITED LIABILITY COMPANY OR OTHER FIRM, PROVIDE

NAME AND MAILING ADDRESS OF EACH PARTNER, PROPRIETOR, OR MEMBER OF FIRM.

ITB 27-01TM

II. VIRGINIA CONTRACTOR’S LICENSE

*** In Accordance with §§54.1-1115(A)(1) and (A)(6) of the Code of Virginia, Bidder shall include a copy of Contractors License with Bid Response.***

ITB 27-01TM

III. CERTIFICATION REGARDING DEBARMENT

This is to certify that this person/firm/corporation is not now debarred by the Federal Government or by the Commonwealth of Virginia or by any other state, or by any town, city, or county, from submitting Bids on contracts for construction covered by this solicitation, nor are they an agent of any person or entity that is now so debarred.

Each covered contractor must also screen each of its covered subcontractors. In this certification “contractor” refers to both contractor and subcontractor; “contract” refers to both contract and subcontract.

Signature of Official

Name of Official

Title

Firm or Corporation

Date

ITB 27-01TM

IV. ANTI-COLLUSION/NON-DISCRIMINATION/DRUG-FREE

WORKPLACE REQUIREMENTS STATEMENT

ANTI-COLLUSION CLAUSE:

IN THE PREPARATION AND SUBMISSION OF THIS PROPOSAL, SAID BIDDER DID NOT EITHER

DIRECTLY OR INDIRECTLY ENTER INTO ANY COMBINATION OR ARRANGEMENT WITH ANY

PERSON, FIRM OR CORPORATION, OR ENTER INTO ANY AGREEMENT, PARTICIPATE IN ANY

COLLUSION, OR OTHERWISE TAKE ANY ACTION IN VIOLATION OF THE SHERMAN ACT (15

U.S.C. SECTION 1), SECTIONS 59.1-9.1 THROUGH 59.1-9.17 OR SECTIONS 59.1-68.6 THROUGH 59.1-

68.8 OF THE CODE OF VIRGINIA.

THE UNDERSIGNED BIDDER HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS

RESULTING THEREFROM, IS NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION

WITH, OR ANY ACT OF, ANOTHER PERSON OR PERSONS, FIRM OR CORPORATION ENGAGED IN

THE SAME LINE OF BUSINESS OR COMMERCE; AND, THAT NO PERSON ACTING FOR, OR

EMPLOYED BY, HAS AN INTEREST IN, OR IS CONCERNED WITH, THIS PROPOSAL; AND, THAT

NO PERSON OR PERSONS, FIRM OR CORPORATION OTHER THAN THE UNDERSIGNED, HAVE, OR

ARE, INTERESTED IN THIS PROPOSAL.

DRUG-FREE WORKPLACE:

DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL BIDDER AGREES TO (I)

PROVIDE A DRUG-FREE WORKPLACE FOR THE SUCCESSFUL BIDDER’S EMPLOYEES; (II) POST

IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT,

A STATEMENT NOTIFYING EMPLOYEES THAT THE UNLAWFUL MANUFACTURE, SALE,

DISTRIBUTION, DISPENSATION, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE OR

MARIJUANA IS PROHIBITED IN THE SUCCESSFUL BIDDER’S WORKPLACE AND SPECIFYING

THE ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATIONS OF SUCH

PROHIBITION; (III) STATE IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES

PLACED BY OR ON BEHALF OF THE SUCCESSFUL BIDDER THAT THE SUCCESSFUL BIDDER

MAINTAINS A DRUG-FREE WORKPLACE; AND (IV) INCLUDE THE PROVISIONS OF THE

FOREGOING CLAUSES IN EVERY SUBCONTRACT OR PURCHASE ORDER OF OVER $10,000, SO

THAT THE PROVISIONS WILL BE BINDING UPON EACH SUCCESSFUL BIDDER OR VENDOR.

FOR THE PURPOSE OF THIS SECTION, “DRUG-FREE WORKPLACE” MEANS A SITE FOR THE

PERFORMANCE OR WORK DONE IN CONNECTION WITH A SPECIFIC CONTRACT AWARDED TO

A SUCCESSFUL BIDDER IN ACCORDANCE WITH FEDERAL LAW, THE EMPLOYEES OF WHOM

ARE PROHIBITED FROM ENGAGING IN THE UNLAWFUL MANUFACTURE, SALE, DISTRIBUTION,

DISPENSATION, POSSESSION OR USE OF ANY CONTROLLED SUBSTANCE OR MARIJUANA

DURING THE PERFORMANCE OF THE CONTRACT.

EMPLOYMENT DISCRIMINATION BY THE SUCCESSFUL BIDDER SHALL BE PROHIBITED:

1. DURING THE PERFORMANCE OF THIS CONTRACT, THE SUCCESSFUL BIDDER AGREES

AS FOLLOWS:

a. THE BIDDER SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR

APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR, SEX,

NATIONAL ORIGIN, AGE, DISABILITY, OR ANY OTHER BASIS PROHIBITED BY

ITB 27-01TM

STATE LAW RELATING TO DISCRIMINATION IN EMPLOYMENT, EXCEPT WHERE

THERE IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY

NECESSARY TO THE NORMAL OPERATION OF THE SUCCESSFUL BIDDER. THE

SUCCESSFUL BIDDER AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE

TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES SETTING FORTH

THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE.

b. THE SUCCESSFUL BIDDER, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR

EMPLOYEES PLACED BY OR ON BEHALF OF THE SUCCESSFUL BIDDER, SHALL

STATE THAT SUCH SUCCESSFUL BIDDER 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 REQUIREMENTS OF THIS SECTION.

2. THE SUCCESSFUL BIDDER WILL INCLUDE THE PROVISIONS OF THE FOREGOING

PARAGRAPHS A, B, AND C IN EVERY SUBCONTRACT OR PURCHASE ORDER OF OVER

$10,000, SO THAT THE PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR

VENDOR.

Name of Contractor:

Authorized Signature:

Printed Name:

Title:

Date:

ITB 27-01TM

V. BID BOND FORM

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, __________________________ as Principal, and __________________________________________ as Surety, are hereby held and firmly bound unto City of Hampton, Virginia as OWNER in the penal sum of _____________________ (Five Percent) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this ______day of___________ , 20___.

The Condition of the above obligation is such that whereas the Principal has submitted to the OWNER a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the project entitled:

ITB 27-01TM, Pine Chapel Road Corridor Improvements, VDOT Project No. U000-114-382 / UPC 120901

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year set forth above.

Principal

Surety

By: ___________________________________________ Attorney-in-Fact

IMPORTANT - Surety companies executing BONDS shall appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the Commonwealth of Virginia.

ITB 27-01TM

VI. SWAM BUSINESS PROGRAM FORMS

It is the goal of the City of Hampton to track participation of small, woman-owned, and minority-owned (SWaM) businesses. You are requested to voluntarily report the total dollars which will be subcontracted to each of the business classifications pertaining to this Contract. List the dollar figures separately for each general classification.

If you do not plan to Subcontract, place zeroes in the appropriate spaces.

Total Small Business Dollars to be Subcontracted: $____________________ Total Minority-Owned Business Dollars to be Subcontracted: $____________________ Total Woman-Owned Business Dollars to be Subcontracted: $____________________ Total Non-SWaM Dollars to be Subcontracted: $____________________

This information will enable the City to determine the total amount of business the City does with small, minority, and woman-owned Businesses. Your cooperation enables the City to better understand and evaluate the City’s performance in this important segment of the market.

The following forms are the suggested format for use by bidders to submit information required at bid opening under the City of Hampton SWAM Business Program.

ITB 27-01TM

MBE/WBE Form 1

CITY OF HAMPTON

(ITB 27-01TM)

SUBCONTRACTOR/SUPPLIER SOLICITATION FORM

Project no. ________________________ Date ____________________

The bidder/offeror certifies that this form accurately represents its solicitation of the SBSD certified minority and woman-owned businesses listed below for performance of work on this project. The bidder/offeror certifies that he/she has had direct contact (email, fax, phone) with the named firms regarding performing work on this project.

Bidder/Offeror Name ________________________ Signature______________________

Solicitation 1:

Vendor Name_____________________________ Phone Number:

Minority Business Type: _____________________ Date of Contact:

Subcontracting Work Requested:

Price Quote: ___________________ Follow-Up Contact: _____________________

Solicitation 2:

Vendor Name_____________________________ Phone Number:

Minority Business Type: _____________________ Date of Contact:

Subcontracting Work Requested:

Price Quote: ___________________ Follow-Up Contact: _____________________

Solicitation 3:

ITB 27-01TM

Vendor Name_____________________________ Phone Number:

Minority Business Type: _____________________ Date of Contact:

Subcontracting Work Requested:

Price Quote: ___________________ Follow-Up Contact: _____________________

Please attach additional pages if necessary.

ITB 27-01TM

MBE/WBE Form 2

CITY OF HAMPTON

(ITB 27-01TM)

SUBCONTRACTOR/SUPPLIER UTILIZATION FORM

PLANNED MINORITY AND WOMAN-OWNED BUSINESS UTILIZATION

Project no. __________________________________ Date submitted: __________

Bid goal % _____________ Total Contract Value ____________________

Firm name Certification no. Type (M/W)

Percent bid

Dollar value Type of work

I propose that the certified SBSD businesses will be used on this contract as stated herein and assure that during the life of the contract, I will meet the goal established by the City of Hampton.

Bidder/Offeror __________________________________

Signature________________________________

Title ____________________________________ Date _________________________

ITB 27-01TM

MINORITY AND WOMAN-OWNED BUSINESS PROGRAM

INFORMATION AND INSTRUCTIONS

I. Background. Through its Minority Business Office, the City of Hampton seeks to solicit and utilize women and minority owned business enterprises. To encourage and sustain utilization of minority and woman-owned businesses, subcontracting goals have been established for City contracts of $100,000 and above. The subcontracting goals are established by business categories.

II. Subcontracting Goals. The subcontracting goals established for this contract include:

Minorities (MBE): 4.34% Non-minority women (WBE): 3.82% Contractors are encouraged to solicit bids from MBE and WBE to achieve the aspirational goals described above. The names of the MBE and WBE firms that were contacted for bids as subs is required on Form I to document the good faith efforts made.

There are no set aspirational goals for small business enterprises (SBE) and service-disabled veteran business enterprise (SDVBE). Contractors are encouraged to solicit from SBEs and SDVBES and report their efforts on the solicitation and planned utilization forms described below in the event that they are unable to find MBEs and WBEs for subcontracting.

Please note that the aspirational goals and instructions stated above should not be construed as authorizing or directing the exclusion of non-SWaM or non-SDV owned businesses; rather, the purpose is to include as many qualified businesses as possible.

III. Form Submission Requirements with Bid or Proposal

A. Form 1 - Solicitation Form. Bidders or offerors must include this form as documentation of their efforts to solicit MBEs and WBEs (or SBEs and SDVBEs, if appropriate).

B. Form 2– Planned Utilization Form. Bidders or offerors must include this form as part of their bid or proposal to list certified MBE and WBE vendors they plan to utilize on the project. This form should include information on:

ITB 27-01TM

1. The dollar value and percentage for each subcontractor

2. A description of type of work to be performed

3. SWaM certification number and contact information for each firm.

IV. Terms of Submission

A. All bids or offers submitted must include a subcontracting plan to be considered when determining the responsible and responsive bidders/offerors by the City.

B. The City requires that each minority and woman-owned business be a certified Woman and Minority owned business by the Virginia Department of Small Business and Supplier Diversity (SBSD), if the firm’s participation on a City contract is to be considered in meeting the contract goals. Any minority or woman-owned business that is not a certified vendor will not be considered for meeting the contract goals as established.

V. Post-Award

A. It is recommended that contractors pre-qualify or determine the subcontractors’ capabilities prior to subletting work.

B. Successful bidders /offerors are required to report actual subcontract payments quarterly to the Department to ensure accurate utilization records.

C. Failure of a Prime Contractor to submit required documentation to the City may result in the City withholding of payments and/or other sanctions, including future loss of contracts and/or debarment from bidding by the City of Hampton.

D. Good Faith Effort Determinations.

1. In cases where contractors fail to meet their subcontracting plans, contractors will be requested to submit documentation of good faith efforts used to meet their subcontracting plan. Determination of efforts will be made on an individual contract basis.

2. Good faith efforts are documented reasonable steps taken to achieve a contract goal. These efforts are those taken by a bidder/offeror actively

ITB 27-01TM

and aggressively trying to obtain the established goal. Mere pro forma efforts are not good faith efforts. It is not intended to be a mandatory checklist nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. The following is a list of types of actions which are considered good faith efforts:

i. Soliciting through reasonable and available means (pre-bid meetings, advertisements, phone calls, community organizations, etc.);

ii. Selecting portions of the work to be subcontracted out to increase the likelihood that a contract goal can be achieved;

iii. Providing interested firms with information necessary to respond in a timely manner to a request for solicitation; or

iv. Effectively using the services of available minority and woman-owned organizations, local, state and federal small business assistance offices, etc.

3. Documentation of such efforts may include a listing of M/WBE firm names, contact information, description of information provided and dates received quotes, etc.

4. The City of Hampton will utilize a performance evaluation process that will include documenting the quality of work and business practices of all vendors used on City contracts of $100,000 and above.

The forms provided herein are attached for use by bidders/offerors to ensure consistent submission of required data.

SAMPLE AGREEMENT TEMPLATE

*** THIS SAMPLE CONTRACT TEMPLATE IS SUBJECT TO

CHANGE PRIOR TO CONTRACT EXECUTION ***

CITY OF HAMPTON, VIRGINIA

CONTRACT BETWEEN OWNER AND CONTRACTOR

THIS CONTRACT, made and executed in triplicate this [day] day of [month] 20[yy] by and between the City of Hampton, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as the OWNER and [award recipient name], a [type of entity] having a principle office address at [address], hereinafter referred to as the CONTRACTOR, is binding upon all parties hereto, as of the date of the OWNER’s signature.

WHEREAS, after competitive sealed bidding pursuant to the Virginia Public Procurement Act, the CONTRACTOR has expressed its desire by submittal of the Bid Form (“BID") to deliver the work described in the Invitation to Bid ITB [ITB Number] referenced herein, and such work for these improvements is hereinafter referred to as the Work or the Project; and

WHEREAS, the Contract to perform the Work described by the Contract Documents shall be awarded to the CONTRACTOR for the respective Project identified herein and the CONTRACTOR shall deliver the Project in accordance with all applicable federal, state, and local law, regulations, and program requirements and guidelines applicable to Locally Administered, Urban Projects as published by the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as VDOT.

WHEREAS, the OWNER and CONTRACTOR shall be referred to jointly as the Parties, and the Parties are treated throughout the Contract as if each were of the singular number and masculine gender.

NOW THEREFORE, in consideration of the mutual premises contained herein, the Parties hereto agree:

SECTION 1. PROJECT IDENTIFICATION

The Project (“Project”) is developed under and identified as:

VDOT Project No.: [VDOT Project Number] ITB No.: [ITB Number]

VDOT UPC: [UPC Number]

Project Title: [Project Title]

General Project Description: [Project description]

SECTION 2. STATEMENT OF WORK

It is understood and agreed that the CONTRACTOR shall furnish all labor, equipment, materials, and any other incidentals necessary to perform all Work under the direction and supervision of the CONTRACTOR for the successful delivery and completion of the Project in an expeditious manner, and the carrying out of all duties and obligations imposed by the Contract in strict accordance with the requirements and provisions of the Contract as defined by the Contract Documents.

SECTION 3. CONTRACT DOCUMENTS AND HIERARCHY

A. It is mutually understood and agreed by the Parties that the complete Contract includes all of the Contract Documents; that these documents are incorporated herein by reference;

and are complementary, so that what is called for by one, shall be as binding as if called for by all. In the event that a conflict exists between the Contract Documents, the order of hierarchy, listed by precedence, shall be:

1. All Federal (including but not limited to the Code of Federal Regulations (CFR), and Federal Highway Administration (FHWA) Publications) Code, Regulations, Guidance, etcetera, as applicable to all projects developed and constructed in the United States of America;

2. Federal (including but not limited to the Code of Federal Regulations (CFR), and Federal Highway Administration (FHWA)) Code, Regulations, & Guidance, etcetera, if applicable to this project under the respective federal funding program;

3. The current version of the Manual for Uniform Traffic Control ("MUTCD") as amended by the Virginia supplement to the MUTCD;

4. Commonwealth of Virginia specific Requirements including but not limited to:

Code, Regulations, Directives, Memorandums, & Guidance, as applicable to all projects developed and constructed in the Commonwealth of Virginia;

5. The current version of the Virginia WAPM (Work Area Protection Manual);

6. Project Specific Provisions included in the Contract Documents where allowed by law, regulation, Program, and Project, and as approved by VDOT;

7. Definitions of terms used in the Contract Documents listed in order of precedence:

i. VDOT Road and Bridge (“R&B”) Special Provision Copied Notes (SPCNs), Special Provision (SPs), and Supplemental Specifications (SSs),

ii. VDOT Road and Bridge Specifications (“VDOT R&B Specs”), Section 101.02;

http://mutcd.fhwa.dot.gov/ http://www.virginiadot.org/business/virginia_mutcd_supplement.asp http://law.lis.virginia.gov/vacode http://www.virginiadot.org/Business/resources/Wrk_zone/2011_WAPM_Rev_1.pdf

iii. COV DGS Form CO-7, Section 1;

iv. The Contract

v. The ITB;

8. The current versions published at ITB Advertisement of the VDOT Requirements, Code, Regulations, Directives, Memorandums, Guidance, and General Conditions, as applicable to this project under the respective Commonwealth of Virginia/VDOT funding program including but not limited to:

i. Any Program Specific Guidance applicable to the project, that may include but is not limited to:

1. The Transportation Alternatives Program Guide

2. The Urban Manual

3. The Revenue Sharing Manual

ii. Materials Manual of Instructions

iii. The Locally Administered Projects Manual

iv. Construction Instructional and Informational Memoranda

v. Inspection Manual

vi. The Road and Bridge Specifications (“VDOT R&B Specs” and Revisions, (including revisions) as modified for the Project by the following provisions contained by incorporation or reference in the Bid Proposal (“the Specifications”):

1. Special Provisions (SPs)

2. Special Provision Copied Notes (SPCNs)

3. Supplemental Specifications (SSs)

vii. The VDOT R&B Standards

viii. The ITB;

9. This Contract between OWNER and CONTRACTOR (“Contract”, #COH-30- 064 / Form H-CO-9);

10. OWNER’s Notice to Proceed Letter to the CONTRACTOR;

11. OWNER’s Notice of Intent to Award Letter to the CONTRACTOR, dated [mm/dd/yy] (Exhibit A);

http://www.virginiadot.org/business/manuals-default.asp http://www.virginiadot.org/business/manuals-default.asp http://www.virginiadot.org/business/manuals-default.asp http://www.virginiadot.org/business/resources/transportation_enhancement/Transportation_Alternatives_Program_Guide.pdf http://www.virginiadot.org/business/resources/local_assistance/Urban_Construction_and_Maintenance_Program_Guidance.pdf http://www.virginiadot.org/VDOT/Business/asset_upload_file105_74839.pdf http://www.virginiadot.org/business/materials-download-docs.asp http://www.virginiadot.org/business/locally_administered_projects_manual.asp http://www.virginiadot.org/business/const/construction_iim.asp http://www.virginiadot.org/business/resources/const/Inspection_Manual.pdf

12. The approved project specific Quality Assurance/Materials Testing Plan with VDOT approval as applicable for federally funded projects;

13. All amendments and addendums to the aforementioned ITB, if applicable,

14. The aforementioned ITB [ITB Number] (Exhibit B), dated [mm/dd/yy] and any attachments and references thereto, including but not limited to the OWNER’s Project:

i. The Plan Set (the “Plans”);

15. CONTRACTOR’s fully executed Bid, dated [mm/dd/yy] submitted in response to the ITB per VDOT R&B Spec. 103.06 (Exhibit C);

16. The current version of the City of Hampton Supplemental Specifications as of the date of ITB Advertisement;

17. The current version of the City of Hampton Division I Specifications as of the date of ITB Advertisement; and

18. The current version of the City of Hampton Public Works’ Design and Construction Standards as of the date of ITB Advertisement.

B. The OWNER will furnish to the CONTRACTOR, free of charge, copies of Drawings and/or Specifications reasonably necessary for the execution of the Work. All Plans and/or Specifications shall remain the property of the OWNER and shall not be reused on other work by the CONTRACTOR. The OWNER will be responsible for the adequacy of design and sufficiency of the Drawings and/or Specifications, issuing, if necessary, addendum to clarify the Work. However, when the Work involved is that common to a trade or industry, which may be judged as acceptable, or not by commonly accepted standards for a specific trade, the CONTRACTOR shall not use the inadequacy or omission of Drawing detail or Specification language to excuse its failure to perform to the highest industry standards.

C. If any provision of this Contract is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Contract, and all other provisions of this Contract shall remain in force and effect.

D. This Contract represents the entire Contract between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations, or contracts, either written or oral. The parties acknowledge and agree that this Contract has been prepared jointly by both parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party.

SECTION 4. CONTRACT MODIFICATION and CHANGES IN THE SCOPE OF WORK

A. It is understood that, during the course of construction, changes to the Work may be necessary. Such changes will be governed by VDOT R&B Spec. 104.02 (Changes in Quantities or Alterations in the Work and VDOT R&B Spec. 109.05 (Payment for Contract Changes).

B. The OWNER may, at any time, by written order make changes in the Work which are within the general scope of the Contract. The CONTRACTOR shall review any OWNER requested or directed change and shall respond in writing within seven (7) days after receipt of the proposed change (or such other reasonable time as the OWNER may direct) if the proposed change will have an effect on the Contract time or Contract price.

CONTRACTOR shall furnish to the OWNER an itemized breakdown of quantiles and prices used in computing the proposed change in Contract price.

C. If the CONTRACTOR claims that there is a need for extra Work in addition to the Work provided for in the Contract Documents, CONTRACTOR shall provide the OWNER with written notice as soon as possible after the extra Work is discovered. If OWNER agrees, a Change Order shall be executed by both Parties.

D. The contract price shall not be increased more than thirty thousand dollars ($30,000.00) or twenty-five percent (25%), whichever amount is greater without a resolution by the Hampton City Council pursuant to § 2-336 of the Hampton City Code.

E. The provisions of this Section shall not limit or restrict the CONTRACTOR’s responsibility or authority for emergency work.

SECTION 5. PROJECT MANAGER

The Project Manager shall serve as the OWNER’S designated representative on the Project. The Project Manager shall be the person through whom the OWNER generally conveys its written decisions and notices. CONTRACTOR shall convey all required information and notices through the Project Manager. The Project Manager’s authority is limited to the scope authorized by the OWNER, which shall be conveyed to the CONTRACTOR during the Preconstruction Meeting, as defined and described below. Nothing herein shall be construed to prevent the OWNER from issuing any notice directly to the CONTRACTOR. The OWNER may change the Project Manager in its discretion and may appoint an interim Project Manager in the event of the absence of the Project Manager. The Project Manager at all times shall have access to the Work whenever it is in preparation or progress, and the CONTRACTOR shall provide proper facilities for such access and for inspection.

The Project Manager shall perform technical inspection of the Work. He has authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract. He also shall have authority to reject all Work and materials which do not conform to the Contract and to decide questions which arise in the execution of the Work. Notwithstanding such inspection, the CONTRACTOR will be held responsible for the acceptability of the finished Work. If the specifications, the Project Manager’s instructions, laws, ordinances, or any public authority require any Work to be specially tested or approved, the CONTRACTOR shall give the Project Manager timely notice to its readiness for inspection, and if the inspection is by an authority other than the OWNER, of the date fixed for such inspection.

The Project Manager’s presence and actions do not replace the legal requirements of the Commonwealth and/or local building codes. Notwithstanding the Project Manager’s actions or instructions, the CONTRACTOR shall adhere to all building code requirements regarding inspection and approvals.

Whenever Work being done by the OWNER’s forces, utility companies, or by other contractors’ forces is contiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by the Project Manager to secure the completion of the various portions of the Work in general harmony.

The Project Manager shall make decisions on all matters relating to the execution and progress of the Work or the interpretation of the specifications and/or drawings. In making these decisions, the Project Manager shall have authority to make interpretations and minor changes as to the Scope of Work not involving extra cost, and not inconsistent with the purpose of the Work. If the CONTRACTOR claims that any such instructions involve extra cost, it shall give written notice thereof after the receipt of such instruction and before completing the Work.

Except in an emergency endangering life and/or property, the OWNER shall accept no extra cost unless pursuant to modification of the Contract as prescribed by Section 4 of this Contract.

SECTION 6. PRECONSTRUCTION MEETING

Prior to the start of construction, a preconstruction meeting shall be held. Attendees at this meeting shall include the OWNER’S Project Manager, CONTRACTOR’S Project Manager and Superintendent, and any other attendees deemed necessary by the Parties. The purpose of this meeting is to clarify and discuss specifics, including, but not limited to, the following:

A. OWNER and CONTRACTOR’s personnel and their chain of authority, including individuals authorized to sign change orders.

B. CONTRACTOR’S proposed construction schedule and OWNER’S sequencing requirements, if any.

C. Schedule of payment and any requirements and procedures to make payment claims.

D. Procedures for request for time extension.

E. Construction site requirements, procedures, and any clarifications, including:

1. Manner of conducting the Work

2. Any necessary site specialties, including dust and erosion control, stormwater management, project signs, clean up, temporary facilities, utilities, security, and traffic

3. Safety

4. Layout of the Work

5. Quality control, testing, inspections, and notice required

6. Site visits

7. Project Inspector duties

8. Site drawings and plans

F. Procedures and documentation of differing or unforeseen site conditions.

G. Assignment of responsibility for generation of meeting minutes of all project meetings.

H. Project close out requirements and procedures.

I. Project records.

SECTION 7. STANDARD FOR WORKMANSHIP AND GUARANTEE

All workmanship shall be of the highest quality found in the relevant industry in every respect.

All items of Work shall be done by craftsmen or tradesmen skilled in the particular task or activity to which they are assigned. All Work provided by the CONTRACTOR is hereby guaranteed by the CONTRACTOR to be free from defects owing to faulty materials or workmanship for a period of one (1) year after date of Completion of the Work or time period allowable by law, whichever is longer (“Guarantee Period”).