PROJECT MANUAL

FOR

CITY OF LYNCHBURG

DUNBAR COMMUNITY

SCHOOLYARD PHASE 2

INVITATION FOR BID # 2027-009

JULY 2026

PROCUREMENT DIVISION

3RD FLOOR CITY HALL

900 CHURCH STREET

LYNCHBURG, VA 24504

TELEPHONE (434) 455-3970

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Table of Contents

Document Page #

Bidding Requirements

Advertisement For Bids

Bid Form

Escrow Account Election

Equal Opportunity Report Statement

Statement Of Experience

Statement Of Available Resources

Corporate Status Form

Questions To Bidders/Offerors

Construction Agreement

City Of Lynchburg, Virginia Standard Performance Bond

City Of Lynchburg Standard Labor And Material Payment Bond

Escrow Agreement

Instructions To Bidders

General Conditions

Attachments:

Technical Specifications dated July 13, 2026

Federal Requirements CDBG Contract Insert

Design Drawings dated July 7, 2026

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ADVERTISEMENT FOR BIDS

The City of Lynchburg is seeking sealed bids for IFB 2027-009 “Dunbar Community Schoolyard Phase 2” to be received by the City of Lynchburg, Procurement Division, Third Floor City Hall 900 Church Street, Lynchburg, VA

24504, until no later than 3:00 p.m., Local Time Prevailing August 11, 2026. Received bids will then be publicly opened and read aloud in the City Hall First Floor Conference Room. A link to a publicly available video/audio conference call will be posted on the Bids page of the City’s website prior to the bid opening. All bids received by the posted deadline will be opened and read aloud on the video/audio conference call.

MAILED OR HAND DELIVERED BIDS: FedEx, UPS, and the USPS have access to the building to deliver mail/packages to the Procurement Office. If vendors choose to hand deliver bids, they can do so at the Citizens First

Information Center in the lobby on the First Floor of City Hall at 900 Church St. Monday – Friday from 8:30 a.m. to

5:00 p.m. A Procurement Office staff member will be contacted by Citizens First to retrieve the bid and timestamp it at that time. It is the sole responsibility for the Bidder to ensure their bid is timestamped prior to the deadline for submission. Please allow additional time to ensure this is done.

ONLINE BID SUBMISSION: To submit a bid online, go to www.lynchburgva.gov/Bids.aspx and click on the link to open this specific solicitation. Click on the Submit Online button, complete the form, and upload your bid. Please upload your bid as ONE file. As always, late bids will not be considered.

This project (Phase 2) consists of demolition of existing materials, minor grading, sidewalk, segmental block set walls, boulders, guardrails, fencing, painting, site furnishings, and new planting.

The Project Manual, Drawings, and related Documents for this project may be viewed and downloaded from the

City’s website: http://www.lynchburgva.gov/Bids.aspx.

An Optional On-site Pre-Bid Conference will be held at 10:00 a.m. on Tuesday July 28, 2026. The meeting will be held near Dunbar Dr. behind Dunbar Middle School located at 1200 Polk St. Lynchburg, VA 24504. Site walk-through to follow.

All requests for clarification of or questions regarding this Advertisement for Bids or for additional information must be made in writing to: Matt Marsteller, CPPB, Procurement Division by email to matthew.marsteller@lynchburgva.gov and received by 3:00 p.m., August 4, 2026. All posted clarifications or addenda must be acknowledged on the Bid

Form or by physically printing each related addendum, completing them, and returning them with your bid package.

Failure to acknowledge the addenda may deem the bid non-responsive. All addenda associated with this project will be posted no later than 3:00 p.m. on August 6, 2026.

There will be a “Live Bid Opening” link on the City’s website at: www.lynchburgva.gov/Bids.aspx so that the public can observe the proceedings at 3:00 p.m., August 11, 2026. The bid results will be posted on the City’s Bids website after award is made.

http://www.lynchburgva.gov/Bids.aspx mailto:matthew.marsteller@lynchburgva.gov

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BID FORM

Matt Marsteller, CPPB

Senior Contract Specialist City of Lynchburg

Third Floor, City Hall

900 Church Street

Lynchburg, Virginia 24504

Dear Mr. Marsteller:

The undersigned, as bidder, hereby declares that the only persons interested in this bid as principal, or principals, is or are named herein and that no person other than herein mentioned has any interest in this bid or in the

Construction Agreement to be entered into; that this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud.

The undersigned, having visited and examined the site and having carefully studied all the Contract Documents, including without limitation, all drawings and specifications pertaining to "Dunbar Community Schoolyard

Phase 2" for the City of Lynchburg, Virginia, hereby proposes to furnish all labor, equipment, materials, and services and to perform all operations necessary to execute and complete the Work required for the project, in strict accordance with the Contract Documents, The City of Lynchburg Manual of Specifications and Standard Details, latest edition, together with Addenda numbered __________ through __________ issued during bidding period and hereby acknowledged, subject to the terms and conditions of the Construction Agreement for the sum of

DOLLARS

($ ), which shall be referred to hereinafter as the Base Bid.

It is understood and agreed that the Owner, in protecting its best interests, reserves the right to reject any or all bids or waive any defects. Any changes, erasures, modifications, deletions in the bid form, or alternate proposals not specified in the Advertisement for Bids may make the bid irregular and subject to rejection.

If the Construction Agreement is for a lump sum price, unless clearly and specifically indicated otherwise in the

Contract Documents, all unit prices only apply to changes in the Work. The listed bid items are to contain all necessary costs required for completion of the Work in accordance with the Contract Documents.

If the Construction Agreement is for unit prices and not for a lump sum price, it is understood that all quantities listed on the following pages are estimated quantities, and the Owner reserves the right to raise, lower, or eliminate any quantity or item, and in any case, the unit prices shall be used in determining partial and final payment. It is further understood that costs to cover all components of the Work as described in the Contract

Documents are included in this bid, even in cases where specific line items are not identified.

We are properly equipped to execute all work of the character and extent required by the Contract Documents, and we will enter into the Construction Agreement for the execution and completion of the Work in accordance with the Contract Documents; and we further agree that, if awarded the Construction Agreement, we will commence the Work on the date stated in the "Notice to Proceed" and will maintain a work force large enough to execute the

Work and all obligations no later than the completion date stated in the Contract Documents.

Enclosed herewith is the following Security, offered as assurance that the undersigned will enter into the

Construction Agreement for the execution and completion of the Work in accordance with the Contract Documents:

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Bidder's Certified Check issued by (name of bank) in the amount of: $ (5% of Base Bid amount) OR Bidder’s Bid Bond for 5% of Base Bid Amount

Issued by (name of surety authorized to do business in

Virginia).

The undersigned hereby agrees, if awarded the Construction Agreement, to execute and deliver to the City within ten (10) days after his receipt of the Notice of Award, a performance bond and a payment bond, in forms satisfactory to the City, from sureties authorized to do business in Virginia satisfactory to the City, in the amount of one hundred (100) percent of the Base Bid.

The undersigned further agrees that, in case of failure on his part to execute the said Construction Agreement within the ten (10) days after written notice being given on the award of the Construction Agreement or the failure to deliver the required performance and payment bonds within the ten (10) days, the monies payable by the Security accompanying this bid shall be paid to the City of Lynchburg, Virginia, as liquidated damages for such failure;

otherwise the Security accompanying this Bid shall be returned to the undersigned.

Attached herewith are completed Statement of Experience and Statement of Resources forms which include the information requested.

The undersigned further certifies that this bid is not the result of, or affected by, any act of collusion with another person engaged in the same line of business, or any act punishable under the Virginia Governmental Frauds Act, or other law.

This bid remains valid and may not be withdrawn for a period of 60 days from this date.

CURRENT VIRGINIA CLASS A CONTRACTOR’S LICENSE/ REGISTRATION NO.:

Respectfully submitted, CONTRACTOR

DATE

ADDRESS

BY:

(Signature)

(Type/Print)

ITS:

(Title)

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2027-009 Community Schoolyard Phase 2 - Schedule of Values BID FORM

SPEC

BID

ITEM #

ITEM DESCRIPTION UNIT QUANTITY

UNIT PRICE/TOTAL

LINE ITEM COST

MOBILIZATION:

Mobilization of equipment & crews, permits and bonds, inc.

Registration Statement /

General Vpdes Permit

LS 1 $

CONTROL OF WORK:

Construction Staking, Lines, and Grades

LS 1 $

015701 3

TEMPORARY EROSION

AND SEDIMENT CONTROL

LS 1 $

020500 4 SITE DEMOLITION: Demo, Clearing, and Disposal

LS 1 $

033000 5 CAST IN PLACE CONCRETE LS 1 $

033001 6 CONCRETE PAVING LS 1 $

055001 7 METAL RAILINGS LS 1 $

310000 8 EARTHWORK LS 1 $

321123 9

AGGREGATE BASE

COURSE

LS 1 $

321216 10 ASPHALT PAVEMENT LS 1 $

323113 11 CHAIN LINK FENCING LS 1 $

325000 12 SITE FURNISHINGS LS 1 $

329000 13 EXTERIOR PLANTING LS 1 $

329001 14 PERMANENT SEEDING LS 1 $

329002 15 TOPSOIL LS 1 $

324000 16 SITE DRAINAGE LS 1 $

061534 17 TIMBER GUARDRAIL LS 1 $

TOTAL

BASE BID:

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ELECTION OF ESCROW ACCOUNT PROCEDURE FOR RETAINAGE

If determined to be the successful low bidder(s), the above signed elects to use the Escrow Account

Procedure for retainage.

Write “Yes” or “No” on above line

If the successful bidder elects to use the Escrow Account Procedure for Retainage, the "Escrow

Agreement" form shall be executed and submitted to the City of Lynchburg Engineering Division within fifteen (15) calendar days after notification. If the "Escrow Agreement" form is not submitted within the fifteen (15) day period, the Contractor shall forfeit his rights to the use of the Escrow Account

Procedure.

Company

Authorized Signature

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EQUAL OPPORTUNITY REPORT STATEMENT

The Bidder shall complete the following statement by checking the appropriate blank as follows.

The Bidder has has not participated in a previous contract subject to the nondiscrimination clause prescribed by Executive Order 10925, dated March 6, 1961, or Executive Order 11114 dated June 22, 1963.

In conjunction with the City of Lynchburg's policy to utilize Minority and Disadvantaged Business

Enterprises (“DBE”) wherever possible, the Bidder has solicited quotations for labor, material and/or services from the following Minority and Disadvantaged Business Enterprises:

NAME OF FIRM PERSON(S) CONTACTED DATE

Of those listed above, we intend, at this time, to utilize the following in the completion of the Work required by this Construction Agreement:

"This firm assures that it will give its best efforts to utilize Minority and Disadvantaged Business

Enterprises whenever possible."

CERTIFIED BY: (Signature)

(Typed/Printed name & Title)

BIDDER'S NAME:

TAXPAYER IDENTIFICATION NUMBER:

This firm will perform all construction with its own employees and, therefore, is not required to solicit quotations from DBEs.

FAILURE TO DOCUMENT AND REPORT DBE CONTACTS ON THIS FORM MAY BE A BASIS

FOR REJECTION OF THE BID AS NONCONFORMING.

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STATEMENT OF EXPERIENCE

Proposer:

How Long In Business: At Current Address:

Principals: Title:

Title:

Title:

Type of Work Normally Performed:

Projects of this type previously completed:

1.

Amount $

2.

3.

Reference (for Projects listed above):

1.

Tel.No.

2.

Tel.No.

3.

Tel No.

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STATEMENT OF AVAILABLE RESOURCES

Equipment:

Number of Personnel Currently Employed:

Number of Personnel Available for Project:

Other Pertinent Information:

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CORPORATE STATUS FORM

ALL PROSPECTIVE FIRMS MUST RESPOND TO THE FOLLOWING

If a limited liability company, limited liability partnership or a limited partnership, indicate by checking one: Limited liability company

Limited liability partnership

Limited partnership

Have you registered with the Virginia State Corporation Commission, to conduct business in Virginia?

Yes No

Name and address of organizer:

List who is authorized to execute contracts:

If conducting business under an assumed (fictitious) business name, fill out the following information:

Names of persons or entities owning business using assumed business name:

Owners’ addresses:

Registration date: Expires:

If conducting business as a sole proprietorship, general partnership, or joint venture, fill out the following information:

Names of all persons liable for obligations of the business:

Addresses of such persons:

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Questions to Bidders/Offerors

Bidders/Offerors are to respond to the following question: Have any of the individual(s), owner(s), and/or principal officer(s) of the firm submitting the bid/proposal ever been convicted of (1) a felony, or

(2) a misdemeanor involving moral turpitude?

YES NO

If yes, list individual or officer and title and give details.

NOTE: Answering yes to this question will not necessarily exclude your company from consideration but will be used to weigh the relationship between the offense and the contract to be performed.

Is your firm currently involved in litigation or a dispute involving arbitration?

YES NO

If yes, for litigation list the litigation by case name, name of court, case number, and jurisdiction, and for arbitration, list the organization administering, if any, its contact information, any case number assigned, the arbitrators, and the location of the arbitration. For litigation and arbitration, briefly describe the claims and status, and give contact information for the opposing party or parties.

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CONSTRUCTION AGREEMENT

This Construction Agreement (the “Contract”) made and entered into on the ___ day of __________, 2026, by and between ____________________, party of the first part, hereinafter referred to as Contractor, and the City of Lynchburg, a municipal corporation of the Commonwealth of Virginia, party of the second part, hereinafter referred to as the Owner or City.

That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:

1. That the Contractor shall furnish all labor, materials, tools, and equipment and perform all Work required by the Contract Documents (as defined in the General Conditions hereto) for Dunbar Community

Schoolyard Phase 2.

2. That the Contractor shall commence Work within ten (10) days after Notice to Contractor to Proceed with the Work under Contract (“Notice to Proceed”), and shall substantially complete the Work in no more than 180 calendar days. Owner and Contractor recognize that time is of the essence of this Contract and that the Owner will suffer financial loss if the Work is not completed within the times specified in the Notice to Proceed, plus any extensions thereof. They also recognize the delays, expense and difficulties involved in providing the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for certain losses Owner is expected to suffer due to delay (but not as a penalty) Contractor shall pay $250.00 for each day that expires after the time specified for completion. If the Contractor is subject to liquidated damages, the City has the right, but not the obligation, to withhold the liquidated damages from the Contractor’s regular payments or retainage. Rights and obligations relating to these liquidated damages are set out more fully in the General

Conditions.

3. Incentive: Not used.

4. The Owner hereby agrees to pay the Contractor for the faithful performance of this Contract in accordance with the Contract Documents, subject to additions and deductions as provided in the Contract Documents, in lawful money of the United States, as follows:

Dollars

5. The Owner shall make partial payment on a monthly basis to the Contractor in accordance with the

Contract Documents on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less five percent (5%) of the amount of such estimate which may be retained by the Owner until all Work has been performed strictly in accordance with the Contract

Documents and until such Work has been accepted by the Owner.

6. Within ninety (90) days after submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, satisfaction of all the requirements of the Contract Documents, and acceptance of such Work by the Owner, final payment on account of this Contract shall be made.

7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this

Contract, the performance bond provided for its faithful performance and the payment bond, the Owner shall deem the surety or sureties upon such bonds or either of them to be unsatisfactory, or if for any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at his own sole

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expense, within five (5) days after the receipt of Notice from the Owner so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Owner.

8. Contractor agrees to fulfill all requirements of state, Federal, and municipal laws which may be applicable to this project.

9. This Contract is subject to the General Conditions accompanying it, and all the documents defined by the General Conditions to be the Contract Documents are a part of this Contract.

10. The Contractor agrees to have one staff member on site at all times while work is being performed who is fluent in the English language.

11. Contractor agrees to the following provisions:

a. SEXUAL HARASSMENT: Lynchburg City Schools (LCS) does not and will not tolerate any form of sexual harassment, including but not limited to physical, verbal, implied or any other context that shall be interpreted by LCS as harassment.

b. SMOKE-FREE ENVIRONMENT. Smoking is not permitted on any LCS site (including both in buildings and on school grounds).

c. FELONY CONVICTION: Contractor certifies that neither the Contractor, any employee of the

Contractor, nor any other person who will provide services under the Contract and will have direct contact with students on school property during regular school hours or school-sponsored activities, have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Contractor further acknowledges that such certification shall be binding on the Contractor throughout the term of the Contract and agrees to provide immediate notice to LCS of any event which might render such certification untrue, including the arrest, indictment, or investigation of any individual providing such services. Contractor acknowledges that, pursuant to the

Code of Virginia §22.1-296.1 (A), any person making a materially false statement on this certification, shall be guilty of a Class 1 misdemeanor.

This Contract is executed in two counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract.

IN WITNESS WHEREOF, has caused its name to be subscribed to this Contract by , its

, and its corporate seal to be hereunto affixed and attested by

, its , said officers being duly authorized therefore; and the City of Lynchburg has caused its name to be hereunto subscribed by Wynter C.

Benda, City Manager, and its corporate seal to be hereunto affixed and attested by Alicia L. Finney-Andrews, its Clerk of Council, said officers being duly authorized therefore, all as to the day and year first above written.

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CONTRACTOR

(SEAL)

BY:

ATTEST:

ITS: _______________________________________

(SEAL) BY:

City Manager

ATTEST:

Clerk of Council

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CITY OF LYNCHBURG, VIRGINIA

STANDARD PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That

, the Contractor ("Principal"), whose principal place of business is located at and

("Surety"), are held and firmly bound unto the City of Lynchburg, Virginia, the Owner ("Obligee"), in the amount of

Dollars ( $ ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS,

Principal has, entered into a Construction Agreement with Obligee for certain work on a construction project known as Dunbar Community Schoolyard Phase 2, which contract (the "Contract") is by reference expressly made a part hereof;

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly and faithfully perform said Contract in strict conformity with the plans, specifications and conditions of the Contract and its Contract Documents, then this obligation shall be null and void;

otherwise it shall remain in full force and effect.

Provided, that any alterations which may be made in the terms of the Contract, or in the Work to be done under it, or the giving by the Obligee of any extension of time for the performance of the Contract, or any other alterations, extensions or forbearance on the part of either or both of the Obligee or the Principal to the other shall not in any way release the Principal and the Surety, or either of them, their heirs, executors, administrators, successors or assigns, from their liability hereunder, notice to the Surety of any such alterations, extensions, or forbearance being hereby waived.

No action shall be brought on this bond unless brought within one year after: (a) completion of the Contract and all Work thereunder, including expiration of all warranties and guarantees, or (b) discovery of the defect or breach of warranty or guarantee if the action be for such.

The Surety represents to the Principal and to the Obligee that it is legally authorized to do business in the Commonwealth of Virginia.

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Signed and sealed this day of , 2026.

________ (SEAL)

Contractor/Principal

By:

Witness: Title:

Surety

Attorney -in-Fact

I, ________________________, the duly appointed Attorney-in-Fact for _______________________, do hereby certify that my Power of Attorney related thereto has not been revoked nor has it expired. A true copy of such Power of Attorney is attached to this bond/obligation.

Attorney-in-Fact

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

COMMONWEALTH OF VIRGINIA

(or, alternatively, Commonwealth or State of )

CITY/COUNTY OF to wit:

I, the undersigned notary public, do certify that personally appeared before me in the jurisdiction aforesaid and made oath that he is the attorney-in-fact of , the Surety, that he is duly authorized to execute on its behalf the aforesaid Bond(s) as its act and deed.

Given under my hand this day of 2026.

Notary Public

My Commission expires:

APPROVED:

City Attorney/Designee Date

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STANDARD LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That

, the Contractor ("Principal") whose principal place of business is located at and

("Surety") are held and firmly bound unto the City of

Lynchburg, Virginia, the Owner ("Obligee") in the amount of

Dollars ( $ ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS,

Principal has by written agreement dated entered into a Construction Agreement with

Obligee for Dunbar Community Schoolyard Phase 2, which contract (the “Contract”) is by reference expressly made a part hereof;

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for labor performed and material furnished in the prosecution of the Work provided for in the Contract and its Contract Documents, then this obligation shall be void,; otherwise it shall remain in full force and effect, subject, however, to the following conditions.

The Principal and Surety, jointly and severally, hereby agree with Obligee as follows:

1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both for use in the performance of the Contract. A

"subcontractor" of the Principal, for the purposes of this bond only, includes not only those subcontractors having a direct contractual relationship with the Principal but also any other contractor who undertakes to participate in the Work which the Principal is to perform under the aforesaid Contract, whether there are one or more intervening subcontractors contractually positioned between it and the Principal (for example, a subcontractor). "Labor" and "material" shall include, but not be limited to, public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the Work site.

2. Subject to the provisions of paragraph 3, any claimant who has performed labor or furnished material in accordance with the Contract Documents in the prosecution of the Work provided in the Contract, who has not been paid in full therefore before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on this bond to recover any amount due him for such labor or material, and may prosecute such action to final judgment and

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have execution on the judgment. The Obligee need not be a party to such action and shall not be liable for the payment of any costs, fees or expenses of any such suit.

3. Any claimant who has a direct contractual relationship with any subcontractor of the Principal from whom the Principal has not required a subcontractor payment bond, but who has no contractual relationship, express or implied, with the Principal, may bring an action on this bond only if he has given written notice to the Principal within one hundred eighty (180) days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the Work was performed or to whom the material was furnished. Notice to the Principal shall be served by registered or certified mail, postage prepaid, in an envelope addressed to the Principal at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainages with respect to labor performed or materials furnished shall not be subject to the time limitations stated in this paragraph 3.

4. No suit or action shall be commenced hereunder by any claimant.

a. Unless brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, the limitation embodied within this bond shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.

b. Other than in a Virginia court of competent jurisdiction, with venue as provided by statute, or in the United States District Court for the district in which the project, or any part thereof is situated.

5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.

6. This bond is intended to comply with the requirements and to afford all the benefits of a payment bond consistent with the requirements of Virginia Code § 2-2-4337 and § 2-2-4341. To the extent that those sections as they are in effect as of the date of issuance of this bond confer any requirements on Principal or Surety, or confer any additional benefits on any claimant (as the term “claimant” is used within either the meaning of those sections or this bond), those requirements and benefits shall be deemed to be incorporated into and be part of this bond.

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Signed and sealed this day of ______________________________, 2026.

_____________________________(SEAL)

Contractor/ Principal

Witness: Title:

Surety

Typed Name:

I, ________________________, the duly appointed Attorney-in-Fact for ________________________, do hereby certify that my Power of Attorney related thereto has not been revoked nor has it expired. A true copy of such Power of Attorney is attached to this bond/obligation.

COMMONWEALTH OF VIRGINIA (or, alternatively, Commonwealth or State of )

CITY / COUNTY OF

I, the undersigned notary public, do certify that personally appeared before me in the jurisdiction aforesaid and made oath that he is the attorney-in-fact of

, the Surety, that he is duly authorized to execute on its behalf the foregoing bond pursuant to the Power of Attorney noted above, and on behalf of said Surety, acknowledged the aforesaid bond(s) as its act and deed.

Given under my hand this day of , 2026.

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ESCROW AGREEMENT

THIS AGREEMENT ("Agreement"), made and entered into this by, day of , 2026 between and among the City of Lynchburg ("City"), ("Contractor"), and

(Name of Bank)

(Address of Bank) a trust company, bank, or savings and loan institution with its principal office located in the

Commonwealth of Virginia (hereinafter referred to as "Bank" or "Escrow Agent"), and

("Surety") provides:

I.

The City and the Contractor have entered into the Construction Agreement (“Contract”) with respect to

City Project Dunbar Community Schoolyard Phase 2: ("the Contract"). This Agreement is pursuant to, but in no way amends or modifies, the Contract. Payments made hereunder or the release of funds from escrow shall not be deemed approval or acceptance by the City of performance by the Contractor or Surety.

II.

In order to assure full and satisfactory performance by the Contractor of its obligations under the Contract, the City may, pursuant to the Contract Documents, retain certain amounts otherwise due the Contractor.

The Contractor has, with the approval of the City, elected to have these retained amounts held in escrow by the Bank. This Agreement sets forth the terms of the escrow. The Bank shall not be deemed a party to, bound by, or required to inquire into the terms of, the Contract or any other instrument or agreement between the City and the Contractor.

III.

The City may from time to time pursuant to this Agreement pay to the Bank amounts retained by the

City under the Contract. Except as to amounts actually withdrawn from escrow by the City, the Contractor shall look solely to the Bank for payment of funds retained under the Contract and paid by the City to the Bank.

The risk of loss by diminution of the principal of any funds invested under the terms of this Agreement shall be solely upon the Contractor.

Funds and securities held by the Bank pursuant to this Agreement shall not be subject to levy, garnishment, attachment, lien, or other process whatsoever. Contractor agrees not to assign, pledge, discount, sell or otherwise transfer or dispose of his interest in the escrow account or any part thereof, except to the Surety.

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IV.

Upon receipt of checks or warrants drawn by the City's Director of Finance and made payable to it as escrow agent, the Bank shall promptly notify the Contractor, negotiate the same and deposit or invest and reinvest the proceeds in "Approved Securities" within the meaning of this Agreement in accordance with the written instruction of the Contractor. In no event shall the Bank invest the escrowed funds in any security that is not an "Approved Security."

V.

The following securities, and none other, are Approved Securities for all purposes of this Agreement:

(1) United States Treasury Bonds, United States Treasury Notes, United States Treasury Certificates of Indebtedness or United States Treasury Bills,

(2) Bonds, notes and other evidences of indebtedness unconditionally guaranteed as to the payment of principal and interest by the United States,

(3) Bonds or notes of the City,

(4) Bonds of any political subdivision of the City, if such bonds carried, at the time of purchase by the Bank or deposit by the Contractor, a Standard and Poor's or Moody's Investors Service rating of at least "A", and

(5) Certificates of deposit issued by commercial Banks located within the Commonwealth, including, but not limited to, those insured by the Bank and its affiliates,

(6) Any bonds, notes, or other evidences of indebtedness listed in Section (1) through (3) may be purchased pursuant to a repurchase agreement with a Bank, within or without the City, having a combined capital, surplus and undivided profit of not less than $25,000,000 provided the obligation of the Bank to repurchase is within the time limitations established for investments as set forth herein. The repurchase agreement shall be considered a purchase of such securities even if title, and/or possession of such securities is not transferred to the Escrow Agent, so long as the repurchase obligation of the Bank is collaterized by the securities themselves, and the securities have on the date of the repurchase agreement a fair market value equal to at least 100 percent of the amount of the repurchase obligation of the Bank, and the securities are held by a third party, and segregated from other securities owned by the Bank.

No security is an Approved Security hereunder if it matures more than five years after the date of its purchase by the Bank or deposit by the Contractor.

VI.

The Contractor may from time to time withdraw the whole or any portion of the escrowed funds by depositing with the Bank Approved Securities in an amount equal to, or in excess of, the amount so withdrawn. Any securities so deposited or withdrawn shall be valued at such time of deposit or withdrawal at the lower of par or market value, the latter as determined by the Bank. Any securities so deposited shall thereupon become a part of the escrowed fund.

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Upon receipt of a direction signed by the City's Director of Public Works or the City Engineer, the Director of Finance or the City Accountant shall authorize the Bank to pay the principal of the fund, or any specified amount thereof, to the account of the City of Lynchburg. Such payment shall be made in cash as soon as is practicable after receipt of the direction.

Upon receipt of a direction signed by the City's Director of Public Works or the City Engineer, the Director of Finance or the City Accountant shall authorize the Bank to pay and deliver the principal of the fund, or any specified amount thereof, to the Contractor, in cash or in kind, as may be specified by the

Contractor. Such payment and delivery shall be made as soon as is practicable after receipt of the direction.

VII.

For its services, hereunder the Bank shall be entitled to a reasonable fee in accordance with its published schedule of fees or as may be agreed upon by the Bank and the Contractor. Such fee and any other costs of administration of this Agreement shall be paid from the income earned upon the escrowed fund, and, if such income is not sufficient to pay the same, by the Contractor.

VIII.

The net income earned and received upon the principal of the escrowed fund shall first be paid or applied to pay the Bank's fee and any other costs of administration and such income shall be deemed a part of the principal of the fund. After all of the Bank’s fees and other costs of administration have been paid from such income, the net income earned thereafter may then be paid over to Contractor in installments.

IX.

The Surety undertakes no obligation hereby but joins in this Agreement for the sole purpose of acknowledging that its obligations as surety for the Contractor's performance of the Contract are not affected hereby.

WITNESS the following signatures, all as of the day and year first above written.

CITY OF LYNCHBURG CONTRACTOR:

BY: BY:

City Manager Officer, Partner, or Owner (Seal)

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SURETY:

Its: _________________________________ (Seal)

ATTEST:

Secretary

COMMONWEALTH OF VIRGINIA

(or, alternatively, Commonwealth or State of )

CITY / COUNTY OF

I, the undersigned notary public, do certify that personally appeared before me in the jurisdiction aforesaid and made oath that he is the attorney-in-fact of

, the Surety, that he is duly authorized to execute on its behalf the foregoing bond pursuant to the Power of Attorney noted above, and on behalf of said Surety, acknowledged the aforesaid bond(s) as its act and deed.

Given under my hand this day of .

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DESCRIPTION OF WORK

INSTRUCTIONS TO BIDDERS

The Work included under this Contract shall consist of all labor, materials, equipment, and the performance of all work necessary to complete the project known as Dunbar Community Schoolyard Phase 2 as described in the Contract Documents.

This Work shall be performed in accordance with the Contract Documents.

1. General: Subject to Owner's right to waive informalities, to be valid for consideration, bids must be completed and submitted in accordance with these instructions to bidders.

2. Plans and Specifications: The Contract Documents for the Dunbar Community Schoolyard Phase 2 may be viewed and downloaded from the City’s website: http://www.lynchburgva.gov/Bids.aspx. The Manual of Specifications and Standard Details, for the City of Lynchburg may be viewed and downloaded from the City’s website: https://www.lynchburgva.gov/452/Manual-of-Specifications.

The successful bidder shall be issued, without charge, five sets of sets of plans and specifications.

Bidding documents will be provided as indicated in the Advertisement for Bids.

3. Qualification of Bidders: Each bidder must be prepared to submit within five calendar days of the

Owner’s request written evidence of his qualifications for the project, including, without limitation, financial data, previous experience, resources, personnel and evidence of authority to conduct business in the jurisdiction where the project is located.

4. Examination of Bid Documents and Site:

4.1 Before submitting bids, each bidder must examine bid documents, including, without limitation, all the Contract Documents, thoroughly; familiarize himself with Federal, state and local laws, ordinances, rules, codes, and regulations affecting the Work; and correlate his observations with requirements of the bid documents.

4.2 Bidders are requested and expected to visit the site of the project to alert themselves to local and special conditions which may be encountered during construction of the project such as: labor and transportation, handling and storage of materials, the availability of materials, and site access. Failure to make such investigations shall not relieve the successful bidder from performing and completing the Work in accordance with the Contract Documents.

a. An optional pre-bid conference will be held at the time and place stated in the

Advertisement for Bids.

5. Clarification:

5.1 No oral clarification of the bid documents will be made to any bidder. To be given consideration, requests for clarification must be received in time to allow preparation of a written response at least seven (7) days prior to date fixed for opening of bids. For this project, the deadline is August 4, 2026 at 3:00 p.m. Clarifications will be issued in the form of written addenda to the bid documents and posted to the Procurement website within five (5) days of the bid opening. For this project, the deadline is August 6, 2026 at 3:00 p.m. Only clarifications by formal written addenda will be binding.

(1) All communications in regard to clarifications and any other matters related to this project shall be addressed to: Matt Marsteller, Procurement Division, 900 Church Street, Lynchburg, VA

24504, email: matthew.marsteller@lynchburgva.gov.

http://www.lynchburgva.gov/Bids.aspx.

https://www.lynchburgva.gov/452/Manual-of-Specifications mailto:matthew.marsteller@lynchburgva.gov.

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6. Substitutions:

6.1 Substitutions of material or equipment or both may be offered by the Contractor with his bid, provided that, if approved:

a. No major changes in the construction or design intent of the project would be required.

Changes required to accommodate substituted items shall be made by the Contractor at no additional cost or time delay.

b. Features of quality, capacity, construction, performance, appearance, size, arrangement, and general utility, including economy of operation of substitutes offered, either parallel or exceed those of specified products.

c. The provisions of the General Conditions are met, and the provisions of the General

Conditions any other guarantees, if required by the specification sections, shall apply in full force and effect to the performance of such substitute products, approved for incorporation into the Work.

6.2 Technical data covering the proposed substitution shall be furnished with the bid when possible, and not later than 10 days after bid submission.

7. Bid Submission: (if hand delivering a bid, only one envelope is required)

7.1 Submit bids using forms furnished in the Project Manual and fill in all blank spaces on the form.

Repeat notation “Contractor’s Current Virginia License No. __________” on outside of inner envelope containing bid and bid security, and place this envelope within another envelope addressed to:

City of Lynchburg

Procurement Division

900 Church Street

Third Floor, City Hall

Lynchburg, VA 24504

Bidders shall include the following with their bid submission:

• Bid Form

• Statement of Experience

• Statement of Available Resources

• Equal Opportunity Report Statement

• Corporate Status Form

• Questions to Offeror Form

• Bid Bond or Cashier’s Check Equivalent

7.2 Both the inner and outer envelopes shall have noted thereon:

a. “Sealed Bid Enclosed for Dunbar Community Schoolyard Phase 2";

b. The bidder’s name and address;

c. Repeat notation “Current Registered Virginia Contractor No. ______” on the outside envelope.

7.3 Each bid must be accompanied by a cashier’s check payable to the City drawn on a bank satisfactory to the City, or a Bid Bond, in the amount of five percent (5%) of the amount of the

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total base bid, with the City as Obligee, as assurance that the successful bidder will enter into the

Contract within ten (10) days after Notice of Award.

If the successful bidder defaults by failure to enter into the Contract and to provide required performance and payment bonds, the certified check or Bid Bond accompanying the successful bid shall be collected by the City, not as a penalty but as liquidated damages for delays and such additional expenses as may be incurred by the City for reasons of such default.

7.4 Contractors will indicate a lump sum bid on the bid form. The lump sum bid shall contain all necessary costs required for completion of the Work. Any changes, erasures, modifications, or deletions in the bid form, or alternate proposals not specified in the bid proposal may make the proposal irregular and subject to rejection.

7.5 Receipt deadline for bids will be as stated in the Advertisement for Bids. All bids will be received in the Procurement Division Office, Third Floor, City Hall. It is the responsibility of the bidder to ensure bids are received and time stamped by the deadline for bids. Late bids will not be accepted.

7.6 Any bidder may withdraw or modify its bid, by a writing containing the original signature of the bidder, which writing must be received by the City prior to the date and time set for submission of bids. Withdrawal or modification must be in writing and be delivered by one of the following means: (i) hand delivery by the bidder itself, a courier, or other delivery service; (ii) by mail (no consideration shall be given to any postmark); or (iii) by marking(s) on the exterior of the bid submission envelope, but only if the marking is dated and includes the original signature of the bidder.

Written modifications of bids should not reveal the bid price contained in the previously submitted sealed bid, but should simply provide the desired addition, subtraction or modification, so that the final price or terms of the bid will not be known to the City until the sealed bids are opened.

7.7 Bids will be opened publicly in accordance with the Advertisement for Bids.

7.8 Withdrawal of bid after bid opening: To withdraw a bid after bid opening, a bidder must satisfy the substantive requirements of Va. Code §2.2-4330. In addition, the following procedures shall apply:

a. The bidder shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

b. The mistake may be proved only from the original work papers, documents and materials used in preparation of the bid and delivered as required herein.

8. Bonds and Damages:

8.1 Bonds shall be with a surety company acceptable to the Owner. that is legally authorized to do business in Virginia and in a form acceptable to Owner.

8.2 A performance bond and a labor and material payment bond will be required in the amount of 100 percent of the bid.

8.3 Liquidated damages shall be as indicated in the Contract Documents.

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9. Award of Contract:

9.1 The award of the Contract will be the responsible bidder submitting the lowest responsive base bid on the basis of the sum of the base bid and accepted alternate.

Selection of the apparently successful bidder's responsibility will include a serious evaluation of whether the bidder has conscientiously attempted to meet Minority and Disadvantaged Business

Enterprise goals. A requirement of the Contract bidder will be that a genuine concerted effort will be utilized to meet the Contract goal.

9.2 Before the Contract is awarded, the bidder submitting the lowest responsive bid must satisfy the

City that it has the requisite organization, capital, equipment, ability, resources, personnel, management, business integrity, and at least five years’ experience in the type municipal work for which it has submitted a bid. Each bidder shall, with his bid, submit a list of at least five projects of similar size and dollar value completed within the last five years, giving location, dollar value, year completed, and the name(s) of the owner(s) and architect/engineers(s). The bidder shall verify to the City that it has the sufficient and qualified personnel to provide for the Contact Work.

Failure by the lowest responsive bidder to sufficiently satisfy the City of its ability to meet any of the above requirements may serve as grounds for rejection of the bid.

9.3 The Owner reserves the right to cancel the Advertisement for Bids, reject any and all bids, waive any and all informalities, and disregard all conforming, nonconforming, conditional bids or counterproposals.

9.4 Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the responsive bid from the lowest responsible bidder exceeds available funds, pursuant to Section 18.1-9 of the Lynchburg Public Procurement Code, the

Owner may negotiate with the apparent low bidder to obtain a contract price within available funds.

a. Procedures for Negotiations: If the Owner wishes to negotiate with the apparent low bidder to obtain a contract price within available funds, negotiations shall be conducted in accordance with the following procedures:

1. If the using agency wishes to conduct negotiations pursuant to this section, it shall provide the procurement administrator with a written determination that the bid from lowest responsive, responsible bidder exceeds available funds. This determination shall be confirmed in writing by the director of finance or his designee. The using agency shall also provide the procurement administrator with suggested measures to bring the proposed purchase within budget through negotiations with the lowest responsive, responsible bidder, including reductions in scope, changes in quality, value engineering, changes in terms and conditions, or changes in schedule.

2. The procurement administrator shall advise the lowest responsive, responsible bidder, in writing, that the proposed purchase exceeds available funds. He shall further invite proposed measures, such as a reduction in scope, change in quality, value engineering, changes in terms or conditions, or changes in schedule for the proposed purchase, and invite the lowest responsive, responsible bidder to amend its bid based upon the proposed measures to bring the purchase within available funds.

3. Informal discussions between the City and the lowest responsive, responsible bidder, either in person, by e-mail, by telephone, or by other means, may be used to attempt to obtain a contract within available funds.

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4. Following any successful negotiations, the lowest responsive, responsible bidder shall submit a proposed addendum to its bid, which addendum shall include the specific changes in the proposed purchase, the reduction in price, and the new contract value.

The addendum shall be reviewed by the purchasing agency, the City Manager, and

City Attorney for acceptability.

5. If an addendum is acceptable to the City, the City may award a contract within funds available…