839687roadCville.pdf

City of Charlottesville

BARRACKS EMMET

STREETSCAPE

IFB 27-32

Project Manual Monday, August 24, 2026

Due to the length, complexity and technical nature of this solicitation, it is not being posted on the City website in an ADA accessible format;

however, accommodations will be made upon request by calling (434)

970-3302.

City of

Charlottesville

Public Works -

Capital Development

605 E Main St

Charlottesville, VA 22903

(434) 282-3521

BARRACKS EMMET STREETSCAPE

TABLE OF CONTENTS

Division 0 Contract Requirements

00 11 16 Invitation for Bid

00 21 13 Instructions to Bidders

00 72 00 General Terms and Conditions for Construction Contracts

00 73 00 Supplemental Terms & Conditions

Division 1 Project Information

01 00 00 Scope of Work

Division 2 Bidder Submittal

02 01 00 Bid Form

02 02 00 Vendor Questionnaire

Attachments:

A - 00 52 00 Sample Builders Agreement + Insurance Exhibit A

B - Sample C.O.I. and Guide to Acord Form

C - Escrow Agreement

D - Barracks Emmet Construction Plans

E - Barracks Emmet Bid Schedule

F - Barracks Emmet VDOT Forms

G - Bat Time of Year Restriction Tree Removal

H - Geotechnical Report - Barracks Road & Emmet Street - Streetscape Improvements

DIVISION 0 CONTRACT REQUIREMENTS

00 11 16 INVITATION FOR BID

Project: BARRACKS EMMET STREETSCAPE

IFB#: IFB 27-32

Date: Monday, August 24, 2026

TO: POTENTIAL BIDDERS

The City of Charlottesville requests a bid for the work described in the “Project Description” & “Scope of Service” sections provided below. This solicitation is subject to the provisions of the City of Charlottesville’s Instructions to

Bidders, General Terms and Conditions for Construction Contracts and any other Special Terms and Conditions provided with the Bid Documents. The City will assume no responsibility for oral instruction, suggestion, or interpretation; any question regarding the bid documents shall be directed to the Construction Manager in writing, and any material change will be submitted to all bidders in the form of a Bid Addenda. Award shall be based on a determination of the lowest, responsive, responsible bidder.

Project Manager:

Colin Porter

Project Description:

This project will improve the existing left turn lanes at the Barracks Road and Emmet Street intersection, add a new right turn lane on Emmet Street, widen existing medians to provide pedestrian refuge islands, and replace the existing traffic signal infrastructure at this intersection. Additionally, the project will replace portions of existing sidewalks within the limits of the intersection, as well as extend new 5’ concrete sidewalk approximately 1,500 linear feet up Barracks Road to Buckingham Road. Finally, the project will provide utility/drainage improvements and install a new bus shelter meeting CAT (Charlottesville Area Transit) requirements.

Scope of Service:

The contractor is to provide all supervision, equipment, labor, and materials to complete the work as described in the specifications/scope of work.

Bid Documents, Plans and Specifications: will be available on Monday, August 24, 2026 online at:

https://procurement.opengov.com/portal/charlottesville

Pre-Bid Meeting:A pre-bid meeting has been scheduled for Wednesday, September 2, 2026 at 9:00 am at https://teams.microsoft.com/meet/292648886838019?p=IlrIATs4CI9Ca5HiaL. Attendance is not mandatory but is strongly recommended. Bidders not attending the pre-bid meeting shall acknowledge on their bid that they have or have not visited and inspected the site. Site visits may be coordinated in advance by contacting the Project Manager.

Sealed Bids will be received prior to 2:00 pm on Friday, October 9, 2026.

Bid results will be available online after the due date and time at https://procurement.opengov.com/portal/charlottesville

All bids submitted must comply with the requirements of the IFB.

Contractor Requirements:

• Prior to award of contract and commencing with the work, the contractor is to submit all required insurance and bonds in accordance with the City of Charlottesville requirements.

• The Contractor shall submit a Compensation Schedule, to include a Schedule of Values for payment of the

Contract Price on a lump sum basis, as part of the bid response.

• Within ten (10) calendar days after execution of this Construction Contract, the contractor is to submit:

o The Construction Schedule;

o A Personnel Chart which lists by name, job category and responsibility the General Contractor’s primary employees who will work on the Project; and, https://procurement.opengov.com/portal/charlottesville https://procurement.opengov.com/portal/charlottesville o The General Contractor’s Subcontractors and Suppliers, listing by name and general Project responsibility each subcontractor and supplier who will be utilized by the General Contractor to provide goods or services with respect to the Project.

• Within fifteen (15) calendar days after execution of this Construction Contract, the contractor is to submit a submittal schedule.

• The contractor shall secure and pay for all necessary bonds, permits, fees, tests and inspections.

Anticipated Project Schedule:

Invitation for Bid Release Date: August 24, 2026

Pre-Bid Conference (Non-Mandatory): September 2, 2026, 9:00am https://teams.microsoft.com/meet/292648886838019

?p=IlrIATs4CI9Ca5HiaL

Question Submission Deadline: September 28, 2026, 2:00pm

Bid Submission Deadline: October 9, 2026, 2:00pm

Public Bid Opening (Non-Mandatory): October 9, 2026, 2:15pm https://teams.microsoft.com/meet/251404724852626

?p=ppWK0PRXEhzAZJWQjF

Work to Commence On Site: December 14, 2026

Substantial Completion: December 15, 2027

Final Completion: January 14, 2028

Due to the length, complexity and technical nature of this solicitation, it is not being posted on the City's bidding website in an accessible format; however, accommodations will be made upon request by calling (434) 970-3302.

"This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 and Code of the City of Charlottesville Chapter 2, Article XV, § 2-431 or against a bidder or offeror on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability, or any other basis prohibited by state law relating to discrimination in employment."

https://teams.microsoft.com/meet/292648886838019?p=IlrIATs4CI9Ca5HiaL https://teams.microsoft.com/meet/292648886838019?p=IlrIATs4CI9Ca5HiaL https://teams.microsoft.com/meet/251404724852626?p=ppWK0PRXEhzAZJWQjF https://teams.microsoft.com/meet/251404724852626?p=ppWK0PRXEhzAZJWQjF

00 21 13 INSTRUCTIONS TO BIDDERS

The general instructions, rules and conditions which follow apply to procurement of construction and construction related services conducted by the City of Charlottesville, unless otherwise specified. Bidders are expected to inform themselves fully as to all applicable terms, conditions, instructions, requirements and specifications, before submitting bids. Failure to do so will be at the bidder’s own risk, and relief cannot be secured on the plea of error.

Subject to all laws, policies, resolutions and regulations of the Commonwealth of Virginia and the City of

Charlottesville, and all applicable rules, regulations and limitations, if any, imposed by legislation of the Federal government, bids submitted in response to a solicitation issued by the City of Charlottesville will bind bidders to the conditions and requirements herein set forth, unless otherwise expressly specified in the solicitation.

"This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §

2.2-4343.1and Code of the City of Charlottesville Chapter 2, Article XV, § 2-431 or against a bidder or offeror on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, status as a veteran, or disability, or any other basis prohibited by state law relating to discrimination in employment."

SECTION 1 DEFINITIONS

1.1. “Agency” means any department, agency, authority, commission, board or other unit in the administrative service of the City.

1.2. “Bid” means the offer of a bidder to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

1.3. “City” means the City of Charlottesville, Virginia and its agencies, officials, officers, employees, agents and designated representatives.

1.4. “Contractor” shall have the same meaning as “successful bidder,” as set forth below.

1.5. “Construction Documents” shall mean the plans, specifications, approved change orders, revisions, addenda and other information approved by the City, which set forth in detail the Work to be performed for a construction

Project.

1.6. “Goods” means all material, equipment, supplies, printing and automated data processing hardware and software.

1.7. “Informality” means a minor defect or variation of a bid from the exact requirements of a solicitation, which does not affect the price, quality, quantity or delivery schedule for the goods or services being procured.

1.8. “Invitation for Bids,” "Invitation to Bid,” and “IFB” shall each mean a competitive sealed bidding procurement process by which a request is made to prospective suppliers (bidders) for their quotation on goods or services desired by the City. The issuance of an IFB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

1.9. “Issuing Authority” means the authorized representative of the department of the City who issued the solicitation.

1.10. “Purchasing Agent” means the head of the City’s Purchasing Division, or a designated contact person acting for him or at his direction.

1.11. “Responsible Bidder” means a bidder having the capability in all respects to perform fully the contract requirements, and who has the moral and business integrity and reliability which will assure good faith performance of the contract sought to be procured, and who has been pre-qualified, if required.

1.12. “Responsive Bidder” means a bidder who has submitted a bid or proposal which conforms in all material respects to the IFB.

1.13. “Services” means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies.

1.14. “Solicitation” means the process of notifying prospective bidders that the City wishes to receive bids on a set of requirements to provide goods or services. The notification of City requirements may consist of public advertising, the mailing of an IFB, the public posting of notices, the conduct of small purchase procedures, and/or telephone calls or facsimiles to prospective bidders.

1.15. “State” means the Commonwealth of Virginia.

1.16. “Successful bidder” means the lowest responsive and responsible bidder to whom a contract is awarded as a result of a competitive sealed bidding procedure conducted by the City. The term “contractor” and “general contractor,” as used herein, shall mean “successful bidder.”

SECTION 2 TERMS, CONDITIONS, INSTRUCTIONS APPLICABLE TO PROCUREMENT

2.1. Bid Forms.

A. Unless otherwise specified, forms provided by the City (including, without limitation: bid cover sheets, pricing schedules, etc.) shall be utilized by the bidder. All bids shall be submitted electronically on forms provided. All blanks must be filled in, and answers shall be clearly stated.

B. Each bid must be submitted online through the City's OpenGov portal.

C. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the

Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under

Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Link to the Virginia State

Corporation Commission site: https://www.scc.virginia.gov/.

D. All contractors who perform any construction work for the City are subject to the provisions of the Virginia

Code, Title 54.1, Chapter 11, and are required to be licensed as required therein. Each bidder shall, as part of its bid, provide the City with the following information: (i) whether the bidder is a resident or non-resident of the Commonwealth of Virginia; (ii) whether the bidder possesses all required licenses and certificates required by law for the work to be performed; and (iii) documentation of proper license or certification under the provisions of Title 54.1, Chapter 11 of the Virginia Code. In accordance with 23

CFR § 635.110, bidders are not required to obtain a contractor’s license before submission of a bid. However, the contract shall be awarded only to a contractor who possesses all required licenses and certificates required by law for the work to be performed, otherwise the award shall be cancelled.

E. Each bidder is and shall be subject to the provisions of the Virginia Governmental Frauds Act, Virginia

Code, Title 18.2, Chapter 12, Article 1.1. In compliance with this law, each bidder is required to submit a certification that its bid, or any claim resulting therefrom, is not the result of, or affected by, any act of collusion with another person engaged in the same line of business or commerce, or any act of fraud punishable under the Act. Any bidder who knowingly makes a false statement on the Certificate of No

Collusion shall be guilty of a felony, as provided in Virginia Code §18.2-498.5.

2.2. Late Bids and Modifications of Bids.

A. Each bidder is solely responsible for submitting his bid before the date and time on which bids are scheduled to be received by the City.

https://www.scc.virginia.gov/

B. Any bidder may withdraw or modify its bid, by clicking the "unsubmit" button in OpenGov after having submitted their bid. Withdrawal or modification shall be made online and the bid shall be resubmitted by the bidder prior to the date and time set for submission of bids. If bid is not resubmitted prior to due date and time set for submission of bids, no consideration will be given to the requested withdrawal or modification.

2.3. Errors in bids.

A. Each bidder must carefully examine all documents and plans (including, without limitation, specifications and drawings, and the form contract) made available by the City for inspection by potential bidders, prior to submission of a bid. In addition, each bidder, prior to submission of a bid, must use whatever means necessary to satisfy itself of the extent and requirements of the Project and of the actual conditions under which the Project is to be performed. Comprehensive or detailed information of existing Site conditions may not be included in the Contract Documents; therefore, prior to bid submission, the Contractor must visit and examine the Site. Submission of a bid shall be deemed evidence that the bidder has visited the Site of the Project, that the bidder has familiarized itself with existing conditions at the Site (including without limitation, areas for storage of materials and equipment), and that the bidder is satisfied that it can construct the Project, in accordance with the Construction Documents, for the price(s) specified within its bid.

Contractors will not be allowed or provided additional compensation as relief from the consequences of an error in their bids, including, without limitation errors which are attributable to conditions or factors which could have been identified by thorough examination of the Site and the Contract documents (including, without limitation, boring reports and subsurface condition reports, if available) prior to submission of a bid.

B. A bidder for a construction contract, other than a contract for construction or maintenance of public highways, may withdraw a bid from consideration after bid opening if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith and the mistake was a clerical mistake as opposed to a judgmental mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, if the unintentional arithmetic error or unintentional omission clearly can be shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

C. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid which shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

D. The bidder shall give notice in writing to the purchasing agent of a claim of right to withdraw a bid, within two (2) business days after the conclusion of the opening of the bids and shall submit original work papers with such notice.

E. If the purchasing agent denies the withdrawal of the bid, he shall notify the bidder in writing, stating the reasons for the decision; in that event, the purchasing agent, or his designee, shall award the contract to the bidder at the bid price, provided such bidder is responsible and responsive.

F. If a bid is withdrawn, the lowest remaining bid shall be deemed to be the low bid; however, no bid may be withdrawn when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5) percent.

2.4. Binding Effect.

A. Bids must be submitted and prepared in accordance with these Instructions to Bidders. It is the responsibility of each bidder to examine all documents and plans (including, without limitation, specifications and drawings, and the form contract) made available by the City for inspection by potential bidders, prior to submission of a bid. Unless otherwise specified by the solicitation, all bids and proposals submitted shall be binding for thirty (30) calendar days following receipt by the City, unless extended by mutual consent of all parties.

B. Each bid in excess of $200,000 submitted in response to this IFB shall be accompanied by a bid bond in an amount equal to five percent (5%) of the total monetary amount of the bid (total base bid plus all additive bid items). The bid guarantee may be either (i) a certified or cashier’s check made payable to “The City of

Charlottesville, Virginia,” or (ii) a bid bond made payable to “The City of Charlottesville, Virginia.” The bid guarantee shall be for the purpose of promising and guaranteeing that the bidder will not withdraw its bid for a period of 30 days following bid opening. The proceeds of the bid guarantee shall be and remain the sole property of the City, as liquidated damages, should the successful bidder fail to execute a contract, proof of all required insurance and endorsements and all required payment and performance bonds within five days of the City’s issuance of notice of award of the contract. In lieu of a bid bond, a bidder may furnish a certified check or cash escrow in the face amount required for the bond, or, if approved in advance by the city attorney, a bidder may furnish a personal bond, property bond, or a bank or savings institution’s letter of credit on certain designated funds in the face amount required for the bid bond.

C. The bid guarantees of all except the three lowest bidders will be returned within three (3) days after bid opening. The remaining bid guarantees will be returned as soon as the City has received a fully-executed contract, or within 60 days after bid opening, whichever occurs first.

D. An attorney-in-fact who executes a bid guarantee must file with the guarantee a certified and dated copy of the written power of attorney which authorizes them to act. Such power of attorney shall be filed with the

Clerk of Court for the City of Charlottesville, if required by law.

E. In lieu of a bid bond, a bidder may furnish a cashier’s check or cash escrow in the face amount required for the bid bond. If approved by the city attorney, a bidder may furnish a personal bond, property bond or bank or savings and loan association’s letter of credit on certain designated funds in the face amount required for the bid bond. Approval shall be granted only upon a determination by the city attorney that the alternative form of security proffered affords protection to the city equivalent to a corporate surety’s bond.

2.5. Conditional Bids.

Conditional bids will be subject to rejection in whole or in part by the City.

2.6. Time for Opening Bids.

Bids received prior to the time designated for submission of bids, and (if different) opening of bids, shall be securely kept, unopened. The Purchasing Agent, or their designee, or the Issuing Authority, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to the Purchasing

Agent or their designee, or the Issuing Authority, for the premature opening of a bid not properly addressed and identified. Unless specifically authorized in a solicitation, telegraphic or facsimile bids/modifications of bids will not be considered.

2.7. Public Opening of Sealed Bids.

All bids will be opened at the time and place specified in the solicitation and bids will be read publicly and will remain available for public inspection in the office of the Purchasing Agent or his designee, or the Issuing Authority.

2.8. Public Inspection, Bids and Proposals.

A. Except as provided herein, or by applicable law, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person in accordance with the Virginia Freedom of Information Act and the Virginia Public Procurement Act.

B. Cost estimates relating to a proposed procurement transaction, prepared by or for the City, shall not be open to public inspection.

C. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the

City decides not to accept any of the bids and to reopen the contract, postpone the contract or not contract at all. Otherwise, competitive sealed bid records shall be open to public inspection only after award of the contract.

D. Any inspection of procurement transaction records shall be subject to reasonable restrictions to ensure the security and integrity of the records.

E. Trade secrets or proprietary information submitted by a bidder in connection with this procurement transaction shall not be subject to the Virginia Freedom of Information Act, but only if the bidder (i) invokes the protections of Virginia Code §2.2-4342 prior to or upon submission of the data or other materials; (ii) identifies the specific data or other materials to be protected, and (iii) states the reasons why protection is necessary. A general designation of a contractor’s entire bid submission as being

“confidential” shall not be sufficient to invoke the protections referenced above. The City will not be liable for any damages sustained by a bidder or offeror who fails to follow the procedures designated by Virginia

Freedom of Information Act, the Virginia Public Procurement Act, and the Charlottesville City Code as being prerequisite to protection of trade secrets or proprietary information.

2.9. Omissions and Discrepancies.

Any items or parts of any equipment listed in a solicitation which are not fully described, or which are omitted from the specifications, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications. Should a bidder find discrepancies or ambiguities in, or omissions from, the solicitation, including any drawings or specifications, he or she shall notify the Issuing Authority at least ten (10) days prior to the date set for the opening of bids. If necessary the Issuing Authority will send a written addendum for clarification to all bidders. Notifications regarding specifications will not be considered if received within five days of the date set for opening of bids.

2.10. Bidder interested in more than one Bid.

If more than one bid or proposal is offered by any one party, either directly or by or in the name of his or her clerk, partner or other persons, all such bids or proposals may be rejected. A person who has quoted prices on work, materials or supplies to a bidder or offeror is not thereby disqualified from quoting prices to other bidders or offerors submitting a bid.

2.11. Pricing.

A. The Purchasing Agent or Issuing Authority shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding method of procurement. In submitting a bid or proposal, each bidder shall, by virtue of submitting a bid, be deemed to have warranted that he or she has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied warranty shall render void the bids of participating bidders. Any disclosure to or acquisition by a competitive sealed bidder, in advance of the opening of bids, of the terms or conditions of the bid submitted by a competitor shall render the entire proceedings void and shall require the re-advertisement for bids.

B. All prices submitted must be FOB Destination–Freight Prepaid and Allowed.

C. The Contractor shall pay all sales, consumer, use and other similar taxes for the Work (as defined in the

“General Terms and Conditions for Construction Contracts”) provided by the Contractor which are legally enacted at the time bids are received. The City is exempt from the payment of federal and State taxes.

Therefore, prices bid by the Contractor to the City must be net, exclusive of taxes. In other words, the City pays sales tax on goods and materials incorporated into the Work; however, the City does not pay sales tax on the value of the construction contract, or subcontracts.

D. Taxes to be paid by Contractor’s located in the City of Charlottesville shall include, but shall not be limited to, the Charlottesville City Business, Professional and Occupational License Tax (a gross receipt tax, or local license fee).

E. Where there is an error in the extension of any unit prices set forth within a Bid, the unit price shall govern.

2.12. Questions Concerning Contract Terms, Conditions, Specifications.

A. Any information or requests relative to interpretation or clarification of contract documents, terms or conditions, specifications, plans or drawings shall be submitted to the Questions & Answers section of

OpenGov prior to the date and time for submittal of questions/inquiries. Responses will be provided online through OpenGov and any material change will be posted online as an addendum.

B. No inquiries received by the Purchasing Agent or Issuing Authority within ten (10) working days of the date set for the opening of bids, will be given any consideration.

C. Any material interpretation, as determined by the Purchasing Agent or Issuing Authority, will be expressed in the form of an addendum to the specification, and will be posted online at the City's OpenGov portal where it is available to all prospective bidders. Oral answers given by any City official, employee or representative to any inquiry or request will not be binding upon the City.

D. The City shall not be responsible for ensuring any bidder’s actual receipt of any addendum. The failure of a bidder to receive any addendum issued by the City shall not relieve the bidder from any obligation under its bid as submitted.

2.13. Brand Name or Equal Items.

A. Unless otherwise provided in the IFB, the name of a certain brand, make or manufacturer referenced in an

IFB does not necessarily restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the City in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended, shall be accepted. It shall be the responsibility of the

Bidder to obtain the City’s written determination that a proposed alternative brand, make or manufacturer is the equal of that specified in the IFB, considering quality, workmanship, economy of operation and suitability for the purpose intended.

B. Bidders must submit requests for substitutions to the City through the Question & Answers section of the project on OpenGov, and they must be submitted prior to the due date and time for questions/inquiries.

Requests shall include all information necessary to determine if the proposed substitution is equal to a product, brand, make or manufacturer specified in the IFB or is an acceptable substitute therefor.

2.14. Formal Specifications.

When a solicitation contains a specification or other provision which allows no substitutes, no deviation from the specification will be permitted and the bidder will be required to furnish articles in conformity with that specification. The bidder shall abide by and comply with the true intent of the specifications and shall not take advantage of any unintentional error or omission. Whenever mention is made of any articles, materials or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, ASTM regulations, or similar expressions, the requirements of such laws, ordinances, etc., shall be construed as to the minimum requirements of the specifications.

2.15. Material Safety Data.

A material safety data sheet (MSDS) is required to be submitted to the City, for all chemicals proposed to be furnished in the performance of the services, or the provision of goods, which are the subject of this procurement transaction. The MSDS must list all ingredients which constitute more than one percent (1%) of any product, or more than one-tenth percent (0.1%) for any known or suspected carcinogens. The MSDS must identify each product by its common or chemical name, provide physical and chemical characteristics of any hazardous materials or hazardous components, list any known acute or chronic health effects, specify exposure limits, and list any necessary or recommended precautionary measures and emergency and first aid procedures.

2.16. Award of Contract

A. The City shall award the contract to the lowest responsive and responsible bidder complying with all material provisions of the IFB, provided it is in the best interests of the City to do so.

B. Unless canceled or rejected, a responsive bid from the lowest responsible bidder in a competitive sealed bidding process shall be accepted as submitted.

C. Written notice of award of a contract to the lowest responsive and responsible bidder will be provided by the City to the successful bidder. A written award letter which has been faxed, e-mailed, mailed or otherwise furnished to the successful bidder within sixty (60) days after bid opening, or such other time for acceptance specified within the solicitation, shall be deemed to result in a binding contract, and the successful bidder shall not refuse to execute the contract documents.

D. Public notice of the award of this contract, or the announcement of the decision to award this contract, shall be given in the following manner: posting of a written notice on the City’s website at https://www.charlottesville.gov/purchasing.

2.17. Cancellation or Rejection.

The City may cancel or reject an invitation for bids, a request for proposals, any other solicitation, or any or all bids or proposals received in response thereto.

2.18. Waiver of Informalities.

The City may waive any informalities in bids, whenever.

2.19. Determination of Responsibility.

No contract may be awarded to a bidder who is determined by the Purchasing Agent or Issuing Authority to be non-responsible. In determining the responsibility of a bidder or offeror, the following criteria will be considered:

A. The ability, capacity or skill of the bidder to perform the contract or provide the services required;

B. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

C. The character, integrity, reliability, reputation, judgment, experience and efficiency of the bidder;

D. The quality of performance on previous contracts or services;

E. The previous and existing compliance by a bidder with laws and ordinances relating to the contract or service;

F. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

G. The quality, availability, and adaptability of the goods or services to the particular use required;

https://www.charlottesville.gov/purchasing

H. The number and scope of any conditions attached to the bid;

I. Whether the bidder is in arrears to the City on a debt or contract or is in default on a surety to the City, and whether the bidder’s City taxes or assessments are delinquent;

J. Such other information as may be secured by the Purchasing Agent or Issuing Authority, having a bearing on the decision to award the contract.

K. If the City makes a preliminary determination that a bidder who maintains VDOT Prequalification status is non-responsible, the determination will be reviewed by VDOT, who will have the final authority to determine whether the bidder is non-responsible.

**Upon request by the City, it shall be the responsibility of each bidder to ensure that the bid submitted contains information sufficient to enable the City to evaluate each of the above-referenced criteria.

2.20. Equal Opportunity.

It is the policy of the City of Charlottesville to facilitate the establishment, preservation and strengthening of small businesses and businesses owned by women and minorities, and to encourage their participation in the City‘s procurement activities. Toward this end, the City encourages these firms to compete and encourages bidders to provide for the participation of small businesses, and businesses owned by women and minorities, through partnership, joint ventures, subcontracts or other contractual opportunities. Bidders are asked, as part of their submission, to describe any planned use of such businesses with respect to the performance of the construction services which are the subject of this contract.

2.21 Contractor’s Form/Boilerplate Contracts.

All written agreements, contracts, service agreements, account applications, forms and other documents, of any nature, that the Contractor would require the City to sign in connection with any contract resulting from this procurement transaction, or the performance thereof by the Contractor, must be submitted along with the

Contractor’s bid. Under no circumstances shall the City be required to agree to any contractual provision (i) that would materially conflict with any provision of this Invitation for Bids, (ii) that would affect the price, quality, quantity or delivery schedule for any goods or services, or (iii) that would, in the City’s sole discretion, materially alter the overall combination of quality, price and various elements of required services that in total are optimal relative to the City’s needs, and the Contractor shall not condition its performance or delivery upon any such agreement by the City.

00 72 00 GENERAL TERMS AND CONDITIONS FOR CONSTRUCTION CONTRACTS

Article 0: Definitions

Article 01: The Contract Documents

Article 02: General Contractor's Reviews And Evaluations

Article 03: General Contractor's Duties, Obligations And Responsibilities

Article 04: General Contractor's Personnel, Subcontractors, And Suppliers

Article 05: Goods, Products And Materials

Article 06: Documents And Information

Article 07: Submittals

Article 08: General Contractor's Inspection Of And Correction Of Defective Or Incomplete Work

Article 09: Change Orders And Changes To The Work

Article 10: Financial Claims And Liens

Article 11: City's Consultant(s), Professional(s) And Construction Administration

Article 12: Inspection, Correction Of Work, And Project Close Out

Article 13: General Contractor's Warranties And Guarantees

Article 14: City's Duties, Obligations And Responsibilities

Article 15: General Contractor's Compensation

Article 16: Schedule Requirements

Article 17: Liquidated Damages

Article 18: Concealed And Unforeseen Conditions

Article 19: General Contractor's Records

Article 20: Proprietary Documents And Confidentiality

Article 21: General Insurance Requirements

Article 22: General Bond Requirements

Article 23: City's Right To Stop Work

Article 24: Termination Or Suspension Of Contract For Construction

Article 25: Applicable Law And Dispute Resolution

Article 26: Damages And Remedies

Article 27: ADA Compliance And Non-Visual Access To Documents

ARTICLE 0 DEFINITIONS AND INSTRUCTIONS FOR INTERPRETATIONS

When one of the following words, terms or phrases is used in this contract, it shall be interpreted or construed first, as defined below; second, according to its generally-accepted meaning in the construction industry; and third, according to its common and customary usage.

Builder: The General Contractor to whom a Contract for Construction has been awarded by the City.

Change Order: A document issued on or after the effective date of the Contract for Construction, which is agreed to by the Contractor and approved by the City and the Professional, and which authorizes an addition, deletion or revision in the Work, including any adjustment in the Contract Price and/or the Contract Completion Date. A change order, once signed by all parties required to sign it, is incorporated into and becomes a part of the Contract.

Change Directive: A construction change directive is a written order signed by the City and the Professional, directing a change in the work prior to agreement on adjustment (if any) in the contract price or contract time, or both.

City: The City of Charlottesville, Virginia, including all its officers, officials, agencies, departments, divisions, and all of the employees and agents thereof.

Claim: A demand or assertion by one party seeking, as a matter of right, an adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract for

Construction. The term “claim” also includes other disputes and matters in question between the City and the

General Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate claims rests with the party making the claim.

Construction: The term used to include new construction, reconstruction, renovation, restoration, major repair, demolition and all similar work upon buildings and ancillary facilities, including any draining, dredging, excavation, grading or similar work upon real property.

Construction Documents: Plans, specifications, approved change orders, revisions, and addenda, and other information approved by the City, which set forth in detail the Work to be performed for this Construction Project.

Contract Documents: The documents identified in the City’s Fixed Price Construction Contract.

Contract Price: The dollar amount for which the Builder agrees to perform the Work which is the subject of the

Contract For Construction.

Contract Specifications: The written requirements for materials, equipment, systems, standards and workmanship for the Work and for performance of related services.

Contractor. An alternative way of referring to the General Contractor, the person with whom the City has entered into the Contract for Construction.

Defective: An adjective which, when modifying the word “work” refers to work that is unsatisfactory, faulty, deficient, does not conform to the Contract Documents, or which does not meet the requirements of inspections, standards, tests or approvals required by the Contract Documents, or Work that has been damaged prior to the

Professional’s recommendation of final payment, excluding any damage caused by the Owner or a third party whose actions are not subject to the General Contractor’s control.

Drawing: A page or sheet of the Construction Plans which presents a graphic representation, usually drawn to scale, showing the technical information, design, location and dimensions of various elements of the Work. The graphic representations include, but are not limited to: plan views, elevations, transverse and longitudinal sections, large and small scale sections and details, isometrics, diagrams, schedules, tables and/or pictures.

Field Order: A written order issued by the Professional which clarifies or explains the plans or specifications, or any portion or detail thereof, without changing the design, the Contract Price, the time for Substantial Completion or the date of Final Completion.

Float: The excess time included in a construction schedule to accommodate such items as inclement weather and associated delays, equipment failures, and other such unscheduled events. It is the contingency time associated with a path or chain of activities and represents the amount of time by which the early finish date of an activity may be delayed without impacting the critical path and delaying the overall completion of the Project. Any difference in time between the Contractor’s approved early completion date and the Contract Completion Date shall be considered a part of the Project float.

Float, Free: The time (in days) by which an activity may be delayed or lengthened without having an impact upon the start day of any activity following in the chain.

Float, Total: The difference (in days) between the maximum time available within which to perform an activity and the duration of an activity. It represents the time by which an activity may be delayed or lengthened without impacting the time for Completion or the Contract Completion Date.

Final Completion: The stage of construction when the Work has been completed in accordance with the Contract for Construction and the City has received all documents and items necessary for closeout of the Work.

General Contractor: Also referred to within the Contract for Construction as the “Contractor,” this is the person with whom the City has entered into the Contract for Construction.

Hazardous Substances: The term "Hazardous Substance" shall have the same meaning and definition as set forth in the Comprehensive Environmental Response Compensation and Liability Act as amended, 42 USC § 6901 et seq., and regulations promulgated thereunder (collectively "CERCLA") and any corresponding state or local law or regulation, and shall also include: (a) any Pollutant or Contaminant as those terms are defined in CERCLA; (b) any

Solid Waste or Hazardous Constituent as those terms are defined by, or are otherwise identified by, the Resource

Conservation and Recovery Act as amended, 42 USC § 6901 et seq., and regulations promulgated thereunder

(collectively "RCRA") and any corresponding state or local law or regulation; (c) crude oil, petroleum and fractions of distillates thereof; (d) any other material, substance or chemical defined, characterized or regulated as toxic or hazardous under any applicable law, regulation, ordinance, directive or ruling; and (e) any infectious or medical waste as defined by any applicable federal or state laws or regulations.

Occupancy, beneficial: The condition after Substantial Completion but prior to Final Completion, at which time the

Project is sufficiently complete and systems operational such that the City could, after obtaining necessary approvals and certificates, occupy and utilize the space for its intended use. Guarantees and warranties applicable to that portion of the Work begin on the date the City accepts the Project for such Beneficial Occupancy, unless otherwise specified in the Supplemental General Conditions or by separate agreement.

Occupancy, partial: Partial occupancy or use occurs when the City occupies or uses any completed or partially completed portion of the work, at a stage when such portion is designated by a separate agreement between the City and the General Contractor, in accordance with Section 12.2 of these General Terms and Conditions.

Person: The term “person” includes any individual, corporation, partnership, association, company, business, trust, joint venture or other legal entity.

Plans: The term used to describe the group or set of project-specific drawings which are included in the Contract

Documents.

Product Data: Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the General Contractor, or a subcontractor, manufacturer, supplier or distributor, to illustrate materials or equipment for some portion of the Work.

Professional: An individual or entity, including but not limited to an architect, engineer, geo-technical engineer or consultant, land surveyor, landscape architect, or other professional engaged directly by the City to provide design, engineering, testing or other services in relation to the Project.

Project: The planned construction undertaking which is the subject of this Contract for Construction.

Project Manual: A volume assembled for the Work, which may include the bidding requirements, sample forms, documents, etc.

Related Party: Any affiliated entities of the City of Charlottesville (including, without limitation, agencies, departments, divisions or commissions of the City of Charlottesville) and their respective officers, officials, office holders, and employees.

Samples: Physical examples, which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

Shop Drawings: Drawings, diagrams, schedules and other data specially prepared for the Work by the General

Contractor or a subcontractor, manufacturer, supplier or distributor, to illustrate some portion of the Work.

Site: The geographical location where the Project is to be constructed, and where the Work by the General

Contractor is to be performed.

Specifications: hat part of the Project Manual/Contract Documents containing the written administrative requirements and the technical descriptions of materials, equipment, construction systems, standards, and workmanship which describe the proposed Work in detail and provide information for a Building Official to determine code compliance and for the Contractor to perform the Work.

Subcontractor: A person having a direct contract with the General Contractor, or with any other subcontractor, for the performance of the Work. The term “subcontractor” includes any person who provides on-site labor but does not include any person who only furnishes or supplies materials for the Project.

Submittals: Documents prepared by the General Contractor or a subcontractor, manufacturer, supplier or distributor, consisting of: Shop, fabrication, setting or installation drawings, diagrams, illustrations, schedules, samples, brochures, performance charts, instructions, diagrams, or other, similar data or items. The purpose of submittals is to demonstrate conformance of some portion of the Work with the requirements of the Contract

Documents.

Substantial Completion: The stage in the progress of the Work when the Work, or designated portion thereof, is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended purpose(s).

Supplier: A manufacturer, fabricator, distributor, materialman or vendor who provides material(s) for the Project but who does not provide on-site labor.

Total Project Construction Cost: The total cost to the City to complete construction of the Project, including, without limitation, the Work, the cost of utilities, the cost of fees for permits and licenses required to be obtained by the General Contractor, and modifications necessitated by local conditions.

Work: The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the General Contractor to fulfill the General Contractor’s obligations.

In construing this Construction Contract, the parties hereto agree that the following standards and directives shall apply:

Computation of Time: When the Contract requires any notice to be given, or an act to be done, a certain time before a specified event or deadline, then there must be that time, exclusive of the day for such specified event or deadline, but the day on which the notice is given or an act done shall be counted as part of the time. When the

Contract requires any notice to be given, or an act to be done, within a certain time after a specified event or deadline, then that time shall be allowed in addition to the day on which the specified event or deadline occurred.

When the last day fixed by this Contract for the commencement of any action, or the giving of any…