836381pedestLburg.pdf

PROJECT MANUAL

FOR

CITY OF LYNCHBURG

Millrace Drive Pedestrian Improvements

Invitation for Bid # 2026-069

Due: 3:00 PM, August 26, 2026

PROCUREMENT DIVISION

3RD FLOOR CITY HALL

900 CHURCH STREET

LYNCHBURG, VA 24504

TELEPHONE (434) 455-3970

Issued on: April TBD, 2026

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Table of Contents

Document Page #

Bidding Requirements

Advertisement For Bids

Bid Form

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

Instructions To Bidders

General Conditions

Special Provisions

Federal Forms and VDOT Supplemental Specifications

Attachments Drawings dated January 30, 2026

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ADVERTISEMENT FOR BIDS

Sealed bids for the Millrace Drive Pedestrian Improvements will be received by the City of Lynchburg, Procurement Division, 3rd Floor City Hall, 900 Church Street, Lynchburg, VA 24504, until 3:00 PM, August 26, 2026, and then publicly opened and read aloud in the First Floor Customer Conference Room located in the City

Hall lobby and broadcast via Microsoft Teams video conference. The Teams meeting link to the bid opening will be posted to the City’s Bid webpage: https://www.lynchburgva.gov/Bids.aspx.

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.

Project Description: This project consists of two sidewalk sections. One section will begin at the existing sidewalk south of the intersection of Graves Mill Road and Millrace Drive and run east along Graves Mill Road tying into the existing sidewalk on Graves Mill Road. The second section will begin at the existing sidewalk just north of 28 Millrace Drive and extend to the driveway for 30 Millrace Drive. This project also includes a pedestrian crossing at Millrace Drive and Graves Mill Road, which will require altering the existing sidewalk on the west side of the Graves Mill Road and Millrace Drive intersection. The DBE goal for this project is 0%. When conflicts arise between state or local contract language and federal rules, the federal-aid or most conservative approach must be taken.

Bid Documents may be viewed and printed directly from the City's website:

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

An optional pre-bid conference will be held at 11:00 AM on July 30, 2026. The meeting will be held onsite at 30 Millrace Drive, Lynchburg, VA 24502.

All requests for clarification of or questions regarding this Advertisement for Bids or for additional information must be made in writing to Stephanie Suter, stephanie.suter@lynchburgva.gov, and received by 3:00 PM, August 19, 2026. All addenda should be signed and accompany any bid submitted.

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

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BID FORM

Stephanie Suter, CPPO, CPPB Procurement Division City of Lynchburg Third Floor, City Hall 900 Church Street Lynchburg, Virginia 24504

Dear Ms. Suter, 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 Millrace Drive Pedestrian Improvements 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, and , 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

TOTAL BASE BID

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.

Contractors will indicate a unit price for each item listed below. 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.

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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:

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

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 CONTRACTOR’S LICENSE/ REGISTRATION NO.:

Contractor’s license is not required to submit a bid, but is required before contract award.

Respectfully submitted, CONTRACTOR

DATE

ADDRESS

Email

BY:

(Signature)

(Type/Print)

ITS:

(Title)

ITEM

NO.

VDOT ITEM # ITEM DESCRIPTION QTY. UNIT

UNIT PRICE IN

FIGURES

TOTAL ITEM

PRICE IN

FIGURES

1 513SD20-0001 MOBILIZATION (See Section 513 of the VDOT Road and Bridge Specifications) 1 LS

2 513SD20-0002 CONSTRUCTION SURVEYING (CONSTR.) 1 LS

3 513SD20-0003 CLEARING AND GRUBBING 1 LS

4 508SD20-0004 DEMOLITION OF PAVEMENT (FLEXIBLE) 537 SY

5 510SX20-0001 REMOVE SIDEWALK AND ENTRANCE 17 SY

6 510SX20-0002 REMOVE COMB. CURB AND GUTTER 602 LF

7 315SD20-0104 SAW-CUT ASPHALT CONCRETE 446 LF

8 315SD20-0002 ASPHALT CONCRETE TY. SM-12.5D 68 TON

9 315SD20-0011 ASPHALT CONCRETE BASE COURSE BM-25.0D 274 TON

10 308SD20-0011 AGGR. BASE MATL. TY. I NO. 21A 594 TON

11 310SD20-0001 TACK COAT 63 GAL

12 303SD20-0001 REGULAR EXCAVATION 482 CY

13 502SD20-0011 CURB, STD. CG-2 19 LF

14 502SD20-0012 CURB, RADIAL CG-2 45 LF

15 502SD20-0023 COMB. CURB & GUTTER, RAD. CG-6 95 LF

16 504SD20-0002 CG-12 DETECTABLE WARNING SURFACE 15.56 SY

17 504SD20-0003 HYDR. CEMENT CONC. SIDEWALK 4" 1016 SY

18 SP

CITY OF LYNCHBURG STANDARD 25.04A COMBINED 6" CURB &

GUTTER

320 LF

19 SP QUALITY CONTROL TESTING (PER VDOT LAP MANUAL) 1 LS

20 700SD20-0034 SIGN POST STP-1, 2", 14 GAGE 10 LF

21 701SD20-0001 SIGN PANEL 6 SF

22 700SD20-0038 CONC. FOUNDATION STP-1, TYPE A 1 EA

23 700SX20-0021

RELOCATE EXISTING GROUND MOUNTED SIGN STRUCTURE

AND SIGN PANEL

1 EA

24 512SD20-0042 ERADICATION OF EXIST. LINEAR PVMT MARKING 12 LF

25 704SD20-0009 TYPE B CLASS I PAVE. LINE MARKING 12" 54 LF

26 704SD20-0010 TYPE B CLASS I PAVE. LINE MARKING 24" 12 LF

27 602SD20-0001 TOPSOIL CLASS A 2" 0.6 AC

28 603SD20-0003 REGULAR SEED 113 LBS

29 603SD20-0004 OVERSEEDING 90 LBS

30 603SD20-0002 TEMPORARY SEED 60 LBS

31 603SD20-0017 LIME 2.7 TON

32 603SD20-0014 FERTILIZER NITROGEN - N 57 LBS

33 603SD20-0015 FERTILIZER PHOSPHOROUS - P 79 LBS

34 603SD20-0016 FERTILIZER POTASSIUM - K 39 LBS

35 606SD20-0001 ROLLED EROSION CTRL PRODUCT EC-2 TYPE 1 1931 SY

36 303SD20-0031 INLET PROTECTION , TYPE B 3 EA

37 303SD20-0034 TEMP. SILT FENCE TYPE A 825 LF

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38 703SD20-0039 HANGER ASSM.SMB-3, ONE WAY 2 EA

39 703SD20-0061 PEDESTRIAN SIGNAL HEAD SP-9 2 EA

40 703SD20-0011 PEDESTRIAN ACTUATION PA-2 2 EA

41 700SD20-0065 PEDESTAL POLE PF-2 10' 2 EA

42 700SD20-0069 CONC. FOUNDATION PF-2 2 EA

43 700SD20-0111 14/3 CONDUCTOR CABLE 200 LF

44 700SD20-0113 14/5 CONDUCTOR CABLE 200 LF

45 700SD20-0178 PUSHBUTTON EXTENDER 4" - 7" 1 EA

46 703SD20-0061 4" PVC CONDUIT 40 LF

47 700SD20-0197 MODIFY EXISTING CONTROLLER CABINET 1 EA

48 700SD20-0197 TRENCH EXCAVATION ECI-1 40 LF

49 701SD20-0001 SIGN PANEL 2 SF

50 SP MAINTENANCE OF TRAFFIC DURING CONSTRUCTION 1 LS

TOTAL BASE BID

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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.

Amount $

3.

Amount $

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 Millrace Drive Pedestrian Improvements.

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 within 180 calendar days. Final Completion of the Construction Contract shall be 30 days after Substantial Completion.

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 $600.00 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. 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.

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

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any reason, such bonds cease to be adequate to cover the performance of the Work, the Contractor shall, at his own sole 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.

This Contact 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 Finney- Andrews, its Clerk of Council, said officers being duly authorized therefore, all as to the day and year first above written.

(SEAL) CONTRACTOR

BY: ______________________________________

ATTEST

ITS: ______________________________________

(SEAL) CITY OF LYNCHBURG

BY: ______________________________________

ATTEST City Manager

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 Millrace Drive Pedestrian Improvements 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:

(SEAL)

Surety

By:

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.

(SEAL)

Notary Public

My Commission expires:

APPROVED:

City Attorney/Designee Date

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CITY OF LYNCHBURG

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 Millrace Drive Pedestrian Improvements 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

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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 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.

Contractor/ Principal

By:

Witness: Title:

Surety

By:

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.

AFFIDAVIT AND ACKNOWLEDGEMENT OF ATTORNEY-IN-FACT

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 .

Notary Public

My Commission expires:

APPROVED:

City Attorney/Designee Date

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INSTRUCTIONS TO BIDDERS

DESCRIPTION OF WORK

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 Millrace Drive Pedestrian Improvements , 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. All individual bid unit price items must be filled in, regardless of the quantity shown.

2. Plans and Specifications: The Contract Documents for the Millrace Drive Pedestrian Improvements, 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: http://www.lynchburgva.gov/manual-specifications.

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 twelve (12) days prior to date fixed for opening of bids. Clarifications will be issued in the form of written addenda to the bid documents and posted to the Procurement Website within ten (10) days of the bid opening. Only clarifications by formal written addenda will be binding.

All communications in regard to clarifications and any other matters related to this project shall be addressed to: Stephanie Suter, Stephanie.suter@lynchburgva.gov.

http://www.lynchburgva.gov/manual-specifications mailto:Stephanie.suter@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:

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 Cashiers Check Equivalent

Please note: If bid is hand delivered, a second envelope is not required.

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

a. “Sealed Bid Enclosed for Millrace Drive Pedestrian Improvements";

b. Bid Number 2026-069;

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c. The bidder’s name and address;

d. 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 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 for 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. Modifications shall be on the interior envelope and sealed prior to submittal.

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.

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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.

9. Award of Contract:

9.1 The award of the Contract will be to the responsible bidder submitting the lowest responsive base bid.

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

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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.

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 to the lowest responsive, responsible bidder based upon the amended bid proposal.

6. If the City and the lowest responsive, responsible bidder cannot negotiate a contract within available funds, all bids shall be rejected.

9.5 Protests of Award or Decisions to Award of Contract

a. The following are the exclusive procedures for a bidder or offeror to protest the City's award or decision to award a contract.

1. Any protest to award a contract shall be in writing and shall be delivered so that it is received by the City Manager not later than five (5) business days after announcement of the award or decision to award, whichever comes first.

Otherwise any such protest shall be deemed to be waived.

2. Except for a protest of an emergency or sole source procurement, a protest of a

City award or decision to award a contract may only be made by a person who submitted a bid or proposal for the procurement at issue and who was reasonably likely to have its bid or proposal accepted but for the City's decision.

In the case of an emergency or sole source procurement, a protest may only be made by a person who can show that he was reasonably likely to have submitted a successful bid or proposal if the procurement had been other than emergency or sole source.

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3. Protests shall only be granted if (1) the protester has complied fully with Sec.

18.1-6 of the Lynchburg Public Procurement Code and there has been a violation of law, the Lynchburg Public Procurement Code, or mandatory terms of the solicitation that clearly prejudiced the protestor in a material way, or (2) a statute requires voiding of the decision.

4. The City Manager shall issue a written decision on a protest within ten (10) days of its receipt by the City Manager.

5. If the protest is denied, the protestor may only appeal the denial or otherwise contest or challenge the procurement by then filing suit in the Lynchburg Circuit Court, Lynchburg, Virginia, and serving the city with such suit within ten (10) days of such denial. Otherwise, the City Manager's decision shall be final and conclusive, and the protester's right to appeal the denial or to otherwise contest or challenge the procurement shall be deemed to be waived.

6. Strictly following these procedures shall be a mandatory prerequisite for protest of the City's award or decision to award a contract. Failure by a bidder to follow these procedures strictly shall preclude that bidder's protest and be deemed to constitute a waiver of any protest.

b. A protest may not be based upon the alleged non-responsibility of a person to whom the City awards or makes a decision to award a contract.

10. Bidders are referred to the General Conditions for the meanings of capitalized terms.

End of Instructions to Bidders

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GENERAL CONDITIONS

ARTICLE 1 CONTRACT DOCUMENTS AND DEFINITIONS

ARTICLE 2 ARCHITECT/ENGINEER

ARTICLE 3 OWNER

ARTICLE 4 CONTRACTOR

ARTICLE 5 SUBCONTRACTORS

ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS

ARTICLE 7 MISCELLANEOUS PROVISIONS

ARTICLE 8 CONTRACT TIME

ARTICLE 9 PAYMENTS AND COMPLETION

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

ARTICLE 11 INSURANCE FOR CONTRACTS

ARTICLE 12 CHANGES AND MODIFICATIONS IN THE WORK

ARTICLE 13 CLAIMS AND DISPUTE PROCEDURE

ARTICLE 14 UNCOVERING AND CORRECTION OF WORK

ARTICLE 15 TERMINATION OF THE CONTRACT

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GENERAL CONDITIONS

ARTICLE 1 CONTRACT DOCUMENTS AND DEFINITIONS

1.1 DEFINITIONS

1.1.1 CONTRACT AND CONTRACT DOCUMENTS:

The Contract Documents include: (1) the Construction Agreement (the "Contract"), its General

Conditions, its Special Conditions (if any) and its attachments (if any); (2) the City’s Invitation for Bid No.

2026-069 dated April TBD, 2026 and any addenda; (3) the Contractor’s bid; (4) the Contract plans, drawings, and specifications and any addenda; and (5) any Modifications and any Field Orders. Any soils, geotechnical or other reports, surveys and analyses which may be made available to the Contractor for review or information under this Contract, are not adopted by reference into, nor are they part of the Contract Documents.

1.1.2 MODIFICATION:

A Modification is (1) a written amendment to the Contract signed by both parties (Project Manager for City of Lynchburg and authorized agent for the Contractor), (2) a written Change Order signed by the Project Manager or Owner's authorized representative and an authorized agent for the Contractor, or

(3) a written Change Directive signed by the Owner's authorized representative. Modifications may be made to the Contract and Contract Documents without notice to any surety for the performance or payment bonds for the Work. Any Modification that increases the Contract Sum by more than $50,000 or that causes total expenditures for the Contract to exceed the amount budgeted for the Contract may only be made with the specific approval of the City Manager.

1.1.3 WORK:

"Work" means the construction and services required by the Contract Documents and includes all services, plant, labor, materials, supplies, equipment and other things necessary for Contractor to carry out and complete the requirements of the Contract Documents. "Work" includes material suitably stored and protected. "Work" also includes any portion of the Work, whether completed or not.

1.1.4 PROJECT:

The Project is the total construction of which the Work performed by Contractor under the Contract

Documents may be the whole or a part.

1.1.5 FURNISH, INSTALL & PROVIDE:

The terms "Furnish" or "Install" or "Provide", unless specifically limited in context, mean furnishing and incorporating a specified item, product or material into the Work, including all necessary labor, materials, equipment to make the item and the Work ready for use.

1.1.6 EXTRA WORK:

The term "Extra Work" as used herein, refers to and includes work required by the Owner, which, in the judgment of the Owner involves changes in or additions to the Work required by the Contract Documents in their then-existing form.

1.1.7 NOTICE OF AWARD:

"Notice of Award" is the written notice of the Owner’s acceptance of the Contractor’s bid given by the

Owner to Contractor as the successful bidder.

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1.1.8 NOTICE:

"Notice" means written notice made in the manner specified in this paragraph.

1.1.8.1 “Notice” shall be deemed to have been given to the Owner if sent to the following persons by the means indicated in 1.1.8.3 and either such Notice actually was received by such persons or adequate proof of receipt is made:

Department of Public Works Procurement Division City Attorney 2nd Floor, City Hall 3rd Floor, City Hall 3rd Floor, City Hall 900 Church Street 900 Church Street 900 Church Street Lynchburg, Virginia 24504 Lynchburg, Virginia 24504 Lynchburg, Virginia 24504

1.1.8.2 “Notice” shall be deemed to have been given to the Contractor if sent to the following person by the means indicated in 1.1.8.3 and either such Notice was received by such person or the Contractor or adequate proof of receipt by such person or the Contractor is made:

(Insert Successful bidder authorized representatives name and address)

1.1.8.3 “Notice” shall be sent by special courier, recognized overnight delivery service, or United States mail. With the exception of original bid documents, facsimile copies and e-mail shall be acceptable if the original is then sent by special courier, recognized overnight delivery service, or United States mail within three business days.

1.1.9 CHANGE DIRECTIVES:

If the parties cannot agree to a written amendment to the Contract or to a Change Order, Owner may, by issuance of a written "Change Directive," direct Contractor to perform Work that Owner acknowledges, or that Contractor contends, to be a change to the Work required by the Contract Documents.