843444poleDville.pdf

INVITATION FOR BID

Bid No IFB- 26-27-015

Title: “Brookview Road Transmission Pole Access Road “

Pre-Bid Meeting:

Last Day for Questions:

Bid Closing Date:

Direct Bidding Procedures Inquiries to:

Project Owner:

A Pre-BID Meeting will be held, Thursday September 17, 2026, at 10:00AM Utilities Department Training Room 1040 Monument Street Danville, VA 24541 Or Teams: IFB-26-27-015-Pre-Bid Meeting ID: 288 858 964 874 967: Passcode: QC2MB6Ub

Email questions to purchasing@danvilleva.gov CC:

matthew.oetting@mcgillassociates.com by no later than Thursday September 24,2026 by 5:00PM

Sealed BIDS shall be accepted no later than Thursday October 8,2026 at 2:00PM Mail or Hand-Deliver to:

Purchasing Department 427 Patton Street, Room 304 Danville, VA 24541 Electronic BIDS will be accepted on eVA (https://eva.virginia.gov )

Carol Henley, Director of Purchasing

(434) 799-6528 E: Mail purchasing@danvilleva.gov

Jason Grey Utilities Director: greyjc@danvilleva.gov

TABLE OF CONTENTS

1.0 2.0 3.0 4.0 5.0

EXAMPLE ONLY

INTENT

SCOPE OF WORK

SUPPLEMENTAL GENERAL CONDITIONS

EXHIBITS AS APPLICABLE/SPECIFICATIONS

BID DOCUMENTS

https://teams.microsoft.com/meet/288858964874967?p=KVlV6VduQ3DXt8E31h mailto:purchasing@danvilleva.gov mailto:matthew.oetting@mcgillassociates.com https://eva.virginia.gov/ mailto:greyjc@danvilleva.gov

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1.0 INTENT

Intent: Secure a Virginia-licensed contractor for the construction of an access road off of Brookview Road to existing electrical transmission poles, including grading, storm culverts, storm structures, curb and gutter, and other associated items

1.1 Submit invoice(s) to:

City of Danville Accounts Payable PO Box 3300 Danville, VA 24543 Attention : Department of Utilities Support Services

1.2 Deadline

Sealed BIDS shall be submitted no later than Thursday October 8,2026 at 2:00 PM to: . Bids may be submitted electronically on eVA at, https://eva.virginia.gov mailed or hand delivered to the address listed below.

City of Danville Purchasing Department Attn.: Carol Henley 427 Patton Street, Room 304 Danville, VA 24541

BIDS will not be accepted both electronically and on paper. The bid with the latest time stamp received prior to the due date and time will be evaluated for each Bidder.

1.3 Pre-bid Conference: A pre-bid conference will be held on

Thursday September 17,2026 at 10:00AM Or Teams: IFB-26-27-015-Pre-Bid Meeting ID: 288 858 964 874 967: Passcode:

QC2MB6Ub

1.4 Bid Inquiries: The last day for questions will be Date at Time Email: Carol Henley at purchasing@danvilleva.gov CC: Matthew Oetting PE matthew.oetting@mcgillassociates.com

1.5 Davis Bacon: (NOT APPLICABLE)

1.6 Bonds: 5% Bid bond; 100% performance and payment bonds.

1.7 Time of Completion: Substantial Completion: 60 Calander Days from NTP Final Completion 75 Calander Days from NTP

1.8 Liquidated Damages: $500 dollars per calendar day.

https://eva.virginia.gov/ https://teams.microsoft.com/meet/288858964874967?p=KVlV6VduQ3DXt8E31h mailto:matthew.oetting@mcgillassociates.com

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1.9 Owner’s Representative: Jason Grey Utilities Director: greyjc@danvilleva.gov

1.10 Code: All work performed shall conform to the Contract Documents. Reference is made to the VDOT Specifications; the VDOT Standard Drawings; this Invitation for Bid; the Project Manual; and the Plans.

1.11 Retainage/Escrow: Five percent (5%) retainage/escrow will be withheld from each invoice until final completion and acceptance of the contract work

1.12 Information Technology: If a contract is awarded, the Contractor agrees that all information technology (IT), including web-based applications, software, and digital content, provided under this contract must conform to the Revised Section 508 Standards (29 U.S.C. § 794d) and, specifically, must meet WCAG 2.1 Level AA success criteria. The Contractor shall provide a completed Voluntary Product Accessibility Template (VPAT/ACR) and a Vendor Accessibility Roadmap, demonstrating compliance prior to final acceptance.

1.13 Force Majeure: In no event will Contractor or City be liable for any delay in the performance of, or failure to perform, any action required under the Agreement, whether in whole or in part, and the time for performance (including, without limitation and for avoidance of doubt, the investment and job maintenance obligations set forth herein) shall be extended for the duration of any such delay, to the extent that such delay or failure is caused by any of the following causes: war; acts of terrorism;

strike; lockout or other labor disturbance; fire; severe weather; extraordinary natural occurrence; epidemic; pandemic; plagues of locusts; swarms of bow weevils;

earthquake; shortage or interruption of supply or transportation facilities;

extraordinary governmental action (whether or not valid); or other causes, whether or not similar, beyond the reasonable control of Contractor, in each case whether foreseeable or unforeseeable.

Notwithstanding any other provision of this contract, including the foregoing force majeure provisions, for projects funded in whole or in part with state or federal transportation funds, matters relating to contractor delays, excusable delay, suspension of work, time extensions, liquidated damages, and failure to complete the work within the contract time shall be governed exclusively by the applicable provisions of the Virginia Department of Transportation (VDOT) Road and Bridge Specifications incorporated into the Contract Documents, including but not limited to Sections 108.04, 108.05, and 108.06, as amended. To the extent the provisions of this contract conflict with the applicable VDOT specifications relating to such matters, the applicable VDOT specifications shall control and supersede the force majeure provisions set forth above. (IF VDOT PROJECT)

1.14 Bid Submittal Forms: Submit the following with the Bid:

• Fully executed Bid Proposal Forms mailto:greyjc@danvilleva.gov

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• Fully executed Bid Bond on City of Danville, Virginia Bid Bond Form

• List of similar previous projects with references

• List of equipment, subcontractors, and suppliers to be used on this project

2.0 SCOPE OF WORK

2.1 Project Overview

• The City of Danville is soliciting bids for the construction of an access road off of Brookview Road to electrical transmission poles. The City intends to use the access road to replace the transmission poles using City forces

2.2 Location

• The project site is located within a 100-feet wide City of Danville easement on parcel number 00182, behind houses located at 197 and 203 Brookview Road, and 303, 315, and 319 Brightwell Drive in Danville, Virginia.

2.3 General Scope

• The contractor shall furnish all labor, materials, equipment, supervision, and incidentals necessary to complete the construction of the access road in accordance with the approved design plans, specifications, and regulatory requirements. The scope includes, but is not limited to:

A. Access Road

1. Mobilization and site access improvements

2. Clearing, grubbing, and grading of the access road corridor

3. Construction of new drainage piping

4. Construction of new drive approach, curb and gutter, and paving

5. Temporary traffic control

6. Installation and maintenance of erosion and sediment control measures

7. Installation of rock dissipaters, seeding, and final stabilization

8. Site cleanup and demobilization

2.4 Performance Requirements

A. All work shall comply with applicable federal, state, and local regulations, including permitting requirements from DEQ, USACE, and other relevant agencies.

B. Contractor shall adhere to the approved construction schedule and coordinate closely with the

City’s Project Manager.

3.0 SUPPLEMENTAL GENERAL CONDITIONS

3.1 Compliance: The Contractor shall comply with the provisions of the following:

The City of Danville’s “Standard Requirements & Instructions for Bidding”, Version 3.0, dated July 1, 2025. Copies may be obtained from the Purchasing Office or by downloading from the City’s website “Finance Department, Purchasing Division.

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3.2 Award:

A. The award will be made to the lowest responsible and responsive bidder, with consideration given to completion time.

B. The bid must conform to all requirements of the IFB.

C. The City reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received.

D. The award will be made to the bid conforming to the IFB and will be most advantageous to the City.

E. If all bids exceed available funds, the City reserves the right under Va. Code § 2.2- 4318 to negotiate with the lowest responsible bidder, following procedures in Article 1.6.4 of the Supplementary Instructions to Bidders.

3.3 Authority:

A. The Director of Purchasing as the designee of the City Manager has the sole responsibility and authority for negotiating, placing, and when necessary modifying each and every invitation to bid, purchase order or other award issued by the City of Danville. In the discharge of these responsibilities, the Director of Purchasing may be assisted by assigned buyers. No other City officer or employee is authorized to order supplies or services, enter into purchase negotiations, or in any way obligate the government of the City of Danville for any indebtedness. Any purchases contrary to these provisions and authorities shall be void and the City shall not be bound thereby.

B. This procurement process, including withdrawal of bids and appeal or protests, is governed by the "PROCUREMENT CODE OF THE CITY OF DANVILLE, VIRGINIA".

Copies of the Procurement Code may be obtained by writing the City of Danville Purchasing Department, 427 Patton St. Room 304, Danville, Virginia 24541 and by downloading from the City’s website, Finance Department, Purchasing Division. The City of Danville does not discriminate against faith-based organizations.

3.4 Method of Bid Submission:

A. Bids will not be accepted both electronically and on paper. Each must choose only one method of submission to avoid any confusion or duplication of entries. The latest dated and time stamped bid will be the only bid accepted and evaluated. No bid may be considered if received after the time shown on the title page. The allowable methods for submitting are electronic and paper submission.

B. Paper Submission: Bids must be written in ink or typewritten. Envelopes must be sealed and marked in the lower left-hand corner IFB 26-27-015 “Brookview Road Transmission Pole Access Road” and submitted to the office indicated on the title page.

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C. Electronic Submission: Bidders who choose to submit their Bids electronically must ensure that they are registered on eVA at. https://eva.virginia.gov Bids can be found under the Business Opportunities Tab > Virginia Business Opportunities (VBO). Search IFB 26-27-015. When addenda are issued, suppliers that have submitted an electronic response will have to RESUBMIT their response to the latest version of the solicitation.

D. Should the BID contain proprietary information, provide one (1) redacted hard copy of the BID and all attachments with proprietary portions removed or blacked out. This copy should be clearly marked “Redacted Copy” on the front cover. The classification of an entire BID document, line-item prices, and /or total bid prices as proprietary or trade secrets is not acceptable. The City of Danville shall not be responsible for the Contractor’s failure to exclude proprietary information from this redacted copy. No other distribution of the BID shall be made by the Offeror.

E. Bidders are expected to examine all instructions, specifications, drawings, sites, installations, etc. Failure to do so will be at the Bidder’s risk. Erasures or other changes must be initialed by the person signing the bid.

F. SCC Number

Contractors organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Virginia Title 13.1 or Title 50 or as otherwise required by law. A Contactor organized or authorized to transact business in the Commonwealth pursuant to Virginia Title

13.1 or Title 50 shall include in its bid or proposal the identification number issued to it by the State Corporation Commission. 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 shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

3.5 Bidder Eligibility:

A. Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. Failure on the part of any Bidder to carry out previous contracts satisfactorily, or lack of experience or equipment necessary for the satisfactory and timely completion of this Project, may be deemed sufficient cause for disqualification of said Bidder.

https://eva.virginia.gov/

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B. The Bidder must readily and independently document that the Bidder possesses the experience, equipment and financial resources necessary for a timely and professional completion of this project.

C. Irregular Bids: Bids shall be considered irregular for the following reasons:

1. If the bid is on a form other than that furnished by the City, if the City’s form is altered, or if any part of the bid form is detached.

2. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

3. If the bid is not accompanied by the bid guaranty specified by the City.

D. Withdrawal of Bid Due to Error:

1. A bidder for a City construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration, 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 judgment 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, which unintentional arithmetic error or unintentional omission can 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.

2. The bidder shall give notice in writing of his claim of the right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure.

E. Disqualification of Bidder: A bidder shall be considered disqualified for any of the following reasons:

1. Submitting more than one bid from the same partnership, firm, or corporation under the same or different name.

2. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the City until any such participating bidder has been reinstated by the City as a qualified bidder.

3. If the bidder is considered to be in “default” for any reason.

3.6 Bids Binding 90 Days:

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Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following bid-opening date.

3.7 Cleanup:

A. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all his waste materials and rubbish from and about the project as well as all his tools, construction equipment, machinery, and surplus materials.

B. If the Contractor fails to clean up at the completion of the work, the City may do so and the cost thereof shall be charged to the Contractor.

3.8 Control of Work:

A. On all questions relating to quantities, the acceptability of materials and equipment, or work, and the interpretation of the Contract Documents, the decision of the Project Manager are final and binding and shall be precedent to any payment under the contract.

B. All work and material are subject to the inspection and approval of the Project Manager. Any work done without proper inspection will be subject to rejection.

Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract. The Project Manager may require the Contractor to remove from the work any employee, as the Project Manager may deem incompetent, careless or insubordinate.

C. The Contractor and the Contractor’s authorized agents shall have at least one staff member on site that must be literate and fluent in the English language, because of the necessity to read labels, job instructions and signs, as well as the need for conversing with City project managers.

D. Conduct, courtesy, and respect: Contractors, Subcontractors, and their employees shall exhibit professional and workmanlike behavior while on site. Engaging in behavior that is rude, threatening, or offensive or use of profane or insulting language is prohibited. Harassment of any kind, including sexual harassment, is prohibited. Abusive, derogatory, obscene, or improper language, gestures, remarks, or other disrespectful behavior will not be tolerated. Inappropriate or aggressive conduct on City of Danville property, including roughhousing, fighting, physical threats, destruction of property, vandalism, littering, or physical abuse, is not permitted. Contractors, Subcontractors, and their employees may not fraternize or socialize with City employees or building patrons during working hours. Contractors, Subcontractors, and their employees are required to wear appropriate work attire while on site. Articles of clothing cannot display offensive or inappropriate language, symbols, or graphics. The City of Danville representative reserves the right to decide if such clothing or actions are inappropriate.

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E. General Contractor shall provide the following statement and a list of all employees and subcontractor employees that will be working on this project. The statement and list of employees shall be on company letterhead with signature and date.

“This is to certify that all employees that are scheduled to work on this project have not been convicted of a felony in the past 7 years, can qualify for voting rights reinstatement and are not on active parole or active probation. Workers with felony convictions and do not qualify under special conditions will not be allowed access to work site.”

F. Certain items of work may be performed by forces of the City. The Contractor shall cooperate fully in scheduling and coordinating with the Project Manager such that no delay will result in the performance of such work. If the Contractor claims that such work delays or causes additional costs, he shall make claims as provided in Work Changes.

G. The City may award or may have awarded contracts to others for other work. The

Contractor shall cooperate fully with such other Contractors by scheduling his own work with that to be performed under other Contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled.

H. Neither the final certificate of payment nor any provision in the contract documents, nor partial or entire occupancy of the premises by the City, shall constitute an acceptance of work not done in accordance with the contract documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of twenty-four (24) months from the date of final acceptance of work unless a longer period is specified. The City will give notice of observed defects with reasonable promptness.

3.9 Equal Employment:

During the performance of this contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions for this non-discrimination clause.

B. The Contractor also shall not discriminate against any handicapped person in violation of any state or federal law or regulation and shall also post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this additional non-discrimination clause.

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C. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such contractor is an equal opportunity employer.

D. Notices, advertisements, and solicitations placed in accordance with Federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

E. The Contractor will include the provisions of the foregoing paragraphs in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

F. The Contractor will otherwise comply with all other applicable provisions of local, State, and Federal law.

3.10 Drug Free Workplace:

During the performance of this contract, the contractor agrees to:

A. Provide a drug-free workplace for the contractor’s employees.

B. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

C. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace.

D. Include the provisions of the foregoing clauses in every subcontract or purchase order of or over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

“Drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with Chapter 43, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

State law reference(s) - Authority, Code of Virginia § 2.2-4312.

3.11 Guaranty:

A. The Contractor shall guarantee that all the materials used and all the work done under the contract shall fully comply with the requirements of the plans and specifications and the instructions of the City.

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B. All expenses covering return or replacement of defective or improper equipment or merchandise will be assumed by the Contractor. In no instance shall the contractor refer the City to any distributor or manufacturer for settlement of any claim arising from defective or improper equipment or merchandise. If the Contractor shall fail to replace or repair any defective or improper equipment or merchandise within thirty (30) days from date of notice, the City may make the necessary corrective arrangements and charge the cost to money due the Contractor or bill the Contractor. The Contractor agrees to reimburse the City in such instances. Samples of any warranties which will apply to the goods being offered for sale shall be included as part of the bid.

C. Any defects in the completed work or failure of the construction to fully perform or endure the service for which it is intended, which in the opinion of the City are caused by or due to the use of materials, skill or workmanship not in compliance with the said plans, specifications and instructions, that may appear in the work within a period of twenty-four (24) months after acceptance by the City shall be regarded as prima facie and conclusive evidence that the Contractor has failed to comply with the said specifications, plans, and instructions. The Contractor in this event shall at his own expense, at such time and in such manner as the Engineer may direct, repair or take up and reconstruct any such defective work, in full compliance with the original specifications, plans, and instructions. The repairs required to be made by the Contractor shall extend only to making good an inherent defect which become manifested in the materials and workmanship under ordinary conditions, and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the Contractor has no control.

3.12 Indemnification:

A. The Contractor shall indemnify, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the City, its agents, officials and employees in consequence of the granting of this contract or which may in anyway result therefrom, whether or not it shall be alleged or determine that the act was caused through negligence or omission of the Contractor or his employees, or of the subcontractor or their employees, if any, and the Contractor shall, at their own expense, appear, defend and pay all charges of attorneys and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at his own expense, satisfy and discharge the same. The Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City, its agents, officials, and employees as herein provided. The Contractor shall have charge and control of the entire work until its completion and acceptance by the City.

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B. The Contractor shall assume all risks and responsibilities for casualties of every description in connection with the work, except that he shall not be held liable or responsible for delays or damage to the work caused by acts of God, acts of Public enemy, acts of Government, quarantine restrictions, general strikes through the trade, or by freight embargoes not caused or participated in by the Contractor. The Contractor shall have charge and control of the entire work until completion and acceptance of the same by the City.

C. The Contractor shall alone be liable and responsible for, and shall pay, any and all loss or damage sustained by any person or party either during the performance or subsequent to the completion of the work under this agreement by reason of injuries to persons and damage to property, buildings, and adjacent work, that may occur either during the performance of the work covered by this contract or that may be sustained as a result of or in consequence thereof, irrespective of whether or not such injury or damage be due to negligence or the inherent nature of the work.

D. The Contractor shall bear all losses resulting from the amount or character of the work being different, or because the nature of the premises on which the work is done is different from what was expected, or on account of the weather, or similar other causes.

3.13 Insurance:

The Contractor shall not commence work under this contract until they have obtained all the insurance required hereunder and such insurance has been approved by the City; nor shall the Contractor allow any Subcontractor to commence work on his subcontract until all similar insurance has been so obtained and approved. Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor hereunder.

A. Worker's Compensation including Occupational Disease and Employer's Liability Insurance:

The Contractor shall take out and maintain during the life of this Contract Workers' Compensation and Employer's Liability Insurance for all of their employees to be engaged in work on the project under this contract in an amount no less than the minimum allowed by the State Corporation Commission, and in case of such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such work.

B. Comprehensive General Liability Insurance: The Contractor shall maintain during the life of this Contract comprehensive general liability insurance as shall protect him, the City of Danville and its offices, agents and employees, and any Subcontractors performing work covered by this Contract from claims for damage for personal injury, including death, as well as from claims for property damage, which may arise from operations under this Contract, whether such operations by himself or by any Subcontractor, or by anyone directly or indirectly employed by either of them. The amount of such insurance shall not be less than a combination single limit of $1,000,000.00 per occurrence on bodily injury and property damage and $1,000,000.00 aggregate on completed operations. The comprehensive general liability insurance shall provide the following coverage:

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C. Automobile liability insurance minimum combined single limits of $1,000,000.00 for any one person and subject to the same limit for each person, $1,000,000 on account of any one accident. This insurance shall include bodily injury and property damage for the following vehicles:

Owned Vehicles Non-owned Vehicles Hired Vehicles

D. Umbrella Policy. At the option of the Contractor, primary limits may be less than required, with an umbrella policy providing the additional limits needed. This form of insurance will be acceptable provided that the primary and umbrella policies both provide the insurance coverage's herein required. However, any such umbrella policy must have minimum coverage limits of $3,000,000.00.

E. Builder’s Risk: The Contractor, at his cost, shall effect and maintain in the names of the

City, the Engineer and the Contractor, fire, vandalism and extended coverage insurance (or all-risk, builder's risk insurance if approved by the City), upon the entire structure or structures on which the work of this Contract is to be done and upon all material in or adjacent thereto and intended for use thereon to one hundred percent (100%) of the Contract amount. Such insurance may include a deductible provision if the City consents to such provision; however, the Contractor in such case will be liable for paying the City the amount of such deduction whenever a claim arises. The loss, if any, is to be made adjustable with and payable to the City as Trustee for whom it may concern. Written evidence of the insurance required herein shall be filed with the City not later than thirty (30) days following the date of the award of the Contract. A copy of the evidence of insurance shall be filed with the Director of Purchasing.

F. Professional Liability - $1,000,000.00 per occurrence (IF APPLICABLE)

G. To the fullest extent permitted by law, a Waiver of Subrogation Clause shall be added to the

General Liability, Automobile, Excess or Umbrella and Workers Compensation policies in favor of the City of Danville and shall apply to it Owners officers, agents and employees, with respect to all Projects during the policy term.

H. Prior to commencement of Work on any individual Project, the Contractor shall submit a

Certificate of Insurance in favor of the City of Danville and an Additional Insured Endorsement (in a form acceptable to the City) as required hereunder. The Contractor’s Insurance policies shall provide for thirty (30) days' notice to City for cancellation or any change in coverage and be evidenced by the Certificate of Insurance. Copies of insurance policies shall promptly be made available to the City upon request.

I. The City of Danville, along with their respective officers, agents and employees, shall be named as additional insureds.

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J. Certificate holder should read as follows:

The City of Danville 427 Patton Street Danville, VA 24541

3.14 Interpretation:

A. If any person contemplating the submission of a bid on this invitation is in doubt as to the true meaning of any part of the Invitation for bid or other documents, they should submit a written request for an interpretation thereof to the Engineer and received at least four (4) days before bid deadline. An interpretation of the bid invitation document will be made only by written addendum issued to each potential bidder. THE CITY WILL NOT BE RESPONSIBLE FOR EXPLANATIONS

OR INTERPRETATIONS OF BID INVITATION DOCUMENTS EXCEPT AS

ISSUED IN ACCORDANCE HEREWITH. The Bidder shall acknowledge receipt of all addenda in the bids.

B. All notices, demands, requests, instructions, approvals, bids, and claims must be in writing.

C. If during performance of the Work, the Contractor finds a conflict, error or discrepancy in the Contract Documents, the contractor shall so report to the Engineer in writing at once before proceeding with the work affected thereby and shall obtain a written interpretation or clarification from the Engineer. In resolving such conflicts, errors and discrepancies, the Documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, and Instruction to Bidders, General Conditions, bids and Specifications/Drawings. Figure dimensions on Drawings shall govern over scale dimensions and detailed drawings shall govern over general drawings.

3.15 Limitations of Work Area:

A. The Contractor shall be limited to a specific area for storage of equipment, supplies, and building materials. This area shall be designated by the City and established during the Pre-construction conference.

B. Parking area for employees of the Contractor shall be designated in the vicinity of the project, and it shall be the responsibility of the Contractor to require their personnel to park in this designated area and not any area which may interfere with the normal operations in and around the construction area or with access and use of the facility by the City.

3.16 Novation:

The Contractor shall not assign or transfer, whether by an Assignment or Novation, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without the written consent of the City; provided, however, that

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15 | P a g e assignments to banks, trust companies or other financial institutions for the purpose of securing bond may be made without the consent of the City.

Assignment or Novation of this Contract shall not be valid unless the Assignment or Novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered and materials, tools and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools and equipment.

3.17 Observance of Laws:

The Contractor at all times shall observe and comply with all Federal, State and City laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees on the project, as well as all orders or decrees which have been promulgated or enacted, by any legal bodies or tribunals having authority or jurisdiction over the work materials, employees or contract. The contractor does not and shall not during the performance of the contract for goods and services in the Commonwealth; knowingly employs an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. Contractor shall prohibit the use of forced or indentured child labor in the performance of the contract and requiring that the contractor include such prohibition in every subcontract or purchase order that exceeds $10,000, so that the prohibition will be binding upon each subcontractor or vendor.

3.18 Patents:

The Contractor agrees to indemnify and save harmless the City, and all personnel from all suits and actions of every nature and description brought against them or any of the, for or on account of the use of patented appliances, products, or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the City as a necessary requirement in connection with the final execution of any contract in which such patented appliances, products, or processes are used.

3.19 Performance:

In case of default by the Contractor, the City may procure the commodity or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby.

3.20 Permits:

The Contractor shall, at his own expense, secure any business or professional licenses, permits or fees required by the City of Danville, Commonwealth of Virginia or any other requesting agency having jurisdiction.

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3.21 Safety:

A. All practices, materials and equipment shall comply with the Federal Occupational Safety and health Act, as well as any pertinent Federal, State and/or local Safety or Environmental Codes.

B. Construction site safety is the responsibility of the Contractor.

3.22 Specifications and Product Description:

When brand names, model numbers, trade names, catalog number or cuts are listed, they are, unless otherwise specified, included for the purpose of furnishing bidders with information concerning the style, type or kind of article desired and a bidder may offer an article which he certifies to be equal in quality, performance and other essential characteristics. Any available printed material or literature which describes the product being offered for sale shall be included with the bid.

The City shall be the sole judge of suitability of substitutes offered. When a formal numbered specification is referred to in this invitation, no deviation will be permitted, and the bidder will be required to furnish articles in conformity with that specification.

3.23 Subcontracts:

A. No proposed subcontractor shall be disapproved by the City except for cause.

B. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by them.

C. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the Contract for the improvements embraced in this Contract.

D. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the City.

E. Payments to subcontractors

1. The contractor shall take one of the two following actions within seven days after receipt of amounts paid to the contractor by the City of Danville for work performed by the subcontractor

a. Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the work performed by the subcontractor under that contract; or

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b. Notify the agency and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

2. Individual Contractors shall provide their social security numbers and proprietorships, partnerships, and corporations to provide their federal employer identification numbers.

3. The contractor shall pay interest to the subcontractor on all amounts owed by the contractor that remain unpaid after seven days following receipt by the contractor of payment from the City of Danville for work performed by the subcontractor, except for amounts withheld as allowed in subdivision 1.

4. Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.”

The contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower-tier subcontractor.

A contractor's obligation to pay an interest charge to a subcontractor pursuant to the payment clause in this section shall not be construed to be an obligation of the City of Danville. A contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for reimbursement for the interest charge.

3.24 Suspension of Work:

The work may be suspended by the City when deemed in the best interest of the City.

3.25 Termination:

If the Contractor fails to begin the work under this contract within the time specified, of fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the completion of said work within the specified time, or shall perform the work in an unsatisfactory manner, or shall neglect or refuse to remove materials or perform anew such work as shall discontinue the prosecution of the work, or if the Contractor shall become insolvent or be declared bankrupt, or shall commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry out the work in an acceptable manner, the City shall give notice in writing to the Contractor and his surety of such failure, delay, neglect, refusal, or default, specifying the same and if the contractor, within a period of seven days after such notice, shall not proceed in accordance therewith, then the City Manager acting for and on behalf of the City shall, upon receipt of a written certificate from the Engineer of the fact of such failure, delay, neglect, refusal, or default and of failure of the Contractor to comply with such notice, have full power and authority to declare the forfeiture of this contract, and to forfeit the rights of the Contractor in this contract, and the City Manager at this option may call upon the surety to complete the work in accordance with the terms of this contract or may have the City take over the

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18 | P a g e terms of this contract or may have the City take over the work, including any or all materials and equipment on the ground as may be suitable and acceptable to the City and may complete the work by or on its own employees, or may enter into a new contract for the completion of the work, or may use such other methods as in the opinion of the City Manager shall be required for the completion of the work in an acceptable manner. All costs and charges incurred by the City, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this contract.

In case the expense so incurred by the City shall be less than the sum which would have been payable under this contract if it had been completed by the Contractor and had not been forfeited by the City, then the Contractor shall be entitled to receive the difference, subject to any claims of liens thereon which may have been filed with the City or any prior assignment filed with it. In case such expense shall exceed the sum which would have been payable under this contract, the Contractor and the surety shall be liable and shall pay the City the amount of such excess.

3.26 Work Changes:

A. The City without invalidating the contract, and without notice to any surety, may order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, providing the total amount added or eliminated does not exceed twenty-five percent (25%) of the total contract price, or $50,000, whichever is greater. All such changes in the work shall be authorized by change order and shall be executed under the applicable conditions of the contract documents.

B. The cost or credit to the City resulting from a change in the work shall be determined by unit prices subsequently agreed upon or by mutual acceptance of a lump sum properly itemized, or on the basis of cost of Work plus a Contractors Fee for overhead and profit as determined below.

C. Should concealed conditions encountered in the performance of the work below the surface of the ground or hidden in existing structures be at variance with the conditions indicated by the contract documents, the contract price may be equitably adjusted by change order upon claim by either party and approval of the other party, made within either party and approval of the other party, made within twenty (20) days after the first observance of the conditions.

D. The Contractor shall promptly, and before such conditions are disturbed, notify the

Project Manager in writing of: (a) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The Project Manager shall promptly investigate the conditions, and if they find that such conditions do so materially differ and cause an increase or decrease in the contractor's cost of, or the time required for, performance of this contract, and equitable adjustment shall be made

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19 | P a g e and the contract modified in writing accordingly. Any claim of the Contractor for adjustment hereunder shall not be allowed unless they have given notice as above required; or unless the Project Manager grants a further period of time before the date of final payment under the contract.

4.0 SPECIFICATIONS

4.1 Retainage

A. The Owner will withhold 5% of each progress payment as retainage until final completion and acceptance of each phase. Retainage will be released upon:

1. Final inspection and acceptance of the phase,

2. Submission of all required closeout documentation,

3. Resolution of any outstanding deficiencies or punch list items.

4.2 Liquidated Damages

A. If the Contractor fails to achieve substantial completion of the entire project by the final deadline specified in the contract, the Owner will assess liquidated damages of $500 per calendar day for each day beyond the scheduled completion date. These damages are not a penalty but a reasonable estimate of the Owner’s costs due to delay.

4.3 Scheduling and Weather Delays

A. Construction Schedule

1. A schedule shall be submitted to the Project Manager no later than five (5) days after commencement of the work. The schedule shall be in the form of a Gantt Chart or a tabular list which clearly indicates the significant items of work and the expected date of completion of that work.

2. An updated schedule shall be submitted with each monthly pay request as an additional requirement for payment.

B. Time Extension for Weather The Contract Time includes an allowance for normal inclement weather based on historical averages for the project location. The baseline allowance is five (5) workdays per calendar month.

1. Monthly Evaluation: Weather delays will be evaluated on a monthly basis, not cumulatively across the entire project.

2. Extraordinary Weather: If actual weather-related lost workdays in a given month exceed the baseline allowance, the Contractor may request a time extension equal to the excess days for that month.

3. Request Procedure: a. Submit a written request within seven (7) calendar days of the delay.

b. Include supporting documentation such as daily reports, NOAA weather data, and updated schedule analysis showing the impact on critical path activities.

4. Evaluation: The Project Manager will review the request and determine whether additional time is justified.

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5. No Monetary Compensation: Time extensions for weather delays will not entitle the Contractor to additional compensation. The sole remedy for extraordinary weather delays is an adjustment to the Contract Time.

4.4 Substantial Completion

A. Substantial Completion shall be defined as the stage in the progress of the work when the construction is sufficiently complete, in accordance with the Contract Documents, so that the Owner can occupy or utilize the project or a designated portion…