847189roadWmbg.pdf

RETURN THIS PAGE WITH YOUR BID OFFER

INVITATION FOR BIDS (IFB)

Issue Date: October 05, 2026

Sealed Solicitation Title:

FY27 Citywide Street Resurfacing For the City of Williamsburg

Issuing Office:

City of Williamsburg Office of the Public Works & Utilities Director, 2nd Floor 401 Lafayette Street Williamsburg, Virginia 23185-3617 Voice (757)220-6140

Location of where work will be performed: City of Williamsburg - 23185

Sealed bids will be received until the date and time noted above for furnishing the services described herein and then opened in public.

All inquiries for information should be directed to Public Works & Utilities. Written questions related to the project will be accepted up to five (5) business days prior to the closing date. It is the City’s discretion to respond to any inquiries beyond this time. Emails are an acceptable form of written documentation.

IF MAILED, SEND DIRECTLY TO ISSUING OFFICE NOTED ABOVE. IF HAND DELIVERED,

DELIVER TO:

Williamsburg Municipal Building 2nd Floor, Public Works & Utilities Department 401 Lafayette Street Williamsburg, VA 23185

Include the IFB number on the outside of all sealed bids delivered to the City’s Public Works & Utilities Department. Any bid submittal without the IFB number may be deemed non-responsive by the City.

In compliance with this request for proposals and to all the conditions imposed therein, the undersigned offers and agrees to furnish the services in accordance with their proposal as submitted.

Name and Address of Firm:

Date: ________________________________________

__________________________________________ By: ________________________________________

__________________________________________ (Signature In Ink)

_______________________ Zip Code: __________ Name: _______________________________________

FEI/FIN NO. ________________________________ (Please Print)

Telephone Number: (____)_____________________ Title: ______________________________________

E-Mail Address:_____________________________

PRE-BID CONFERENCE: Pre-bid conference will be held October 13, 2026, at 10:00 a.m., local time at the City Manager’s conference room-Large the Municipal Building, 401 Lafayette St., Williamsburg, VA 23185. Bidders may contact Sosina Fisseha sfisseha@williamsburgva.gov or (757) 220-6140 for any questions.

IFB NO:

08-4101-27

PRE-BID CONFERENCE:

October 13, 2026 @ 10:00am

CLOSING DATE:

October 27, 2026

CLOSING TIME:

2:00 p.m.

PROCUREMENT OFFICER:

Cindy Webber

PHONE:

757-220-6182 mailto:sfisseha@williamsburgva.gov

IFB Submission Form

City of Williamsburg FY25 Citywide Street Resurfacing for the City of Williamsburg

IFB #:08-4101-27

Issue Date: October 05, 2026 Due Date: October 27, 2026 @ 2:00 PM

Local Time

Submitter’s Name

Mailing Address

City State Zip Code

Phone Email Address

Website (optional)

Attachment Checklist You must include the following documentation with your submission.

IFB Cover Page IFB Submission Form Bid Form Bid Bond Certificate of Debarment Safety Certification Non-Collusion Affidavit

This submittal accurately represents my plans, and I/we are fully prepared and capable of working as described within a time frame that will be agreed upon by myself and the City of Williamsburg.

Signature Date

Printed Name

- YOU MUST RETURN THIS COMPLETED FORM WITH YOUR SUBMISSION -

October 2026 FY27 Citywide Street Resurfacing for the City of Williamsburg

IFB 08-4101-27

TOC–1 of 1

TABLE OF CONTENTS

IFB SUBMISSION FORM .................................................................................................................. 1 PAGE IFB COVER DOCUMENT .................................................................................................................. 1 PAGE TABLE OF CONTENTS ....................................................................................................................... TOC-1

NOTICE OF ADVERTISEMENT ............................................................................................. BID-1 to BID-2 BID FORM ............................................................................................................................... BID-3 to BID-7 BID BOND .............................................................................................................................................. BID-8 CERTIFICATION REGARDING DEBARMENT .................................................................................... BID-9 SAFETY CERTIFICATION FORM ....................................................................................................... BID-10 NON-COLLUSION AFFIDAVIT .......................................................................................... BID 11 to BID-12 AGREEMENT ...................................................................................................................... BID-13 to BID-26 PERFORMANCE BOND ..................................................................................................... BID-27 to BID 28 PAYMENT BOND ............................................................................................................... BID-29 to BID 30 ESCROW AGREEMENT .................................................................................................... BID-31 to BID-33

VDOT SUPPLEMENTAL SPECIFICATIONS (SSs), SPECIAL PROVISIONS (SPs) AND SPECIAL PROVISION COPIED NOTES (SPCNs) .................................. LACF-2 TO LACF-68

PROJECT SPECIFIC PROVISIONS .................................................................................... PSP-1 to PSP-5

TRAFFIC MANAGEMENT PLAN ........................................................................................ TMP-1 to TMP-2

IFB 08-4101-27 BID–1 of 33

I. NOTICE OF ADVERTISEMENT

PROJECT: FY27 Citywide Street Resurfacing for the City of Williamsburg

LOCATION: City of Williamsburg, Virginia

DATE: October 05, 2026

The City of Williamsburg, Virginia will receive sealed Bids for the above titled project at the office of the Director of Public Works, located at 401 Lafayette Street, Williamsburg, VA 23185 until 2:00 p.m. local time on October 27, 2026, at which time the Bids will be publicly opened and read aloud. Any Bids received after the specified time and date will not be considered.

The Work under this Project generally consists of removal of existing pavements by milling, placement of bituminous concrete pavement, associated pavement markings, concrete entrance, sidewalk, curbing, detectable warning surfaces, and miscellaneous work, including but not limited to utility frames and covers adjustments within certain public rights of way; such as Armistead Ave & Port Anne subdivision and municipal building parking area. This project will be locally administered by the City of Williamsburg.

Bid Documents may be examined at the offices of the Director of Public Works & Utilities, City of Williamsburg, located at 401 Lafayette Street, Williamsburg, VA 23185. Bid Documents may be obtained from the City of Williamsburg website http://www.williamsburgva.gov. Neither the Owner nor any of its representatives shall be responsible for full or partial sets of Contract Documents, including addenda, obtained from any other source.

This project shall be constructed in accordance with: the Virginia Department of Transportation Road and Bridge Specifications, dated 2020 and the Supplement thereto, dated 2022; and Virginia Department of Transportation Road and Bridge Standards, dated 2016 with revisions issued online as of the advertisement date for this project; the Virginia Work Area Protection Manual (Version 11), dated January 2026; the 2022 edition of the MUTCD with Revision Number 1 incorporated, dated December 2025; the Virginia MUTCD (Version 11), dated January 2026; and Supplemental Specifications, Special Provisions and Special Provision Copied Notes in this contract.

All work shall be completed within ninety (90) calendar days of Notice to Proceed.

Bid Security in the amount of five percent (5 %) of the Bid shall be submitted with each Bid.

A NON-MANDATORY PRE-BID CONFERENCE will be held on October 13, 2026, at 10:00 a.m. Local Time at the City Manager’s conference room-Large on the Second Floor of the City Municipal Building, 401 Lafayette Street, Williamsburg, VA 23185. Written questions related to the project must be submitted no less than five (5) business days prior to date of opening. Emails are an acceptable form of written documentation.

Contractor registration in accordance with Title 2.2 Chapter 43, Code of Virginia is required. The Bidder shall include in its Bid the following notation: “Licensed Virginia Contractor No. .”

Withdrawal of Bids due to error shall be subject to and in accordance with Section 2.2-4330 of the Code of Virginia and the Contract Documents.

http://www.williamsburgva.gov/

IFB 08-4101-27 BID–2 of 33

The Owner reserves the right to reject any and all Bids and to waive any minor non-substantive errors in the Bid.

The City of Williamsburg does not discriminate in the solicitation or awarding of contracts on the basis of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, military status, or any other basis prohibited by state or federal law.

By: Jack Reed Director of Public Works & Utilities City of Williamsburg

IFB 08-4101-27 BID–3 of 33

II. BID FORM

Bids to be opened: Time 2:00 PM

October 27, 2026 Contract time limit 90 Days

Performance Bond: 100% Payment Bond: 100%

Bid Security: 5%

To: City of Williamsburg, Virginia 401 Lafayette Street Williamsburg, VA 23185

A. BID PROPOSAL

In compliance with the Contract Documents, titled FY27 Citywide Street Resurfacing for the City of Williamsburg, and all Addenda issued to date all of which are part of this Bid, the undersigned hereby proposes to furnish all items including materials, supervision, labor, and equipment in strict accordance with, said Contract Documents, for the base bid and all additive bid sums of:

Base Bid; Armistead Ave & Port Anne subdivision

NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE

ASPHALT CONCRETE TY.

SM-12.5A CONST

(MODIFIED)

TON 4464

ASPHALT CONCRETE TY.

IM-19.0A CONST

TON 106

ASPHALT CONCRETE BM-

25.0

TON 186

4 FLEXIBLE PAVE.PLANING

0"-2" SY 10,200

5 FLEXIBLE PAVE. PLANING

ABOVE 4" SY 970

9 TYPE B CLASS I PVMT LINE

MRKG 24" (WHITE) LF 75

10 TYPE B CLASS I PVMT LINE

MRKG 4" (YELLOW) LF 420

TOTAL BASE BID

(IN WORDS)

(IN FIGURES)

IFB 08-4101-27 BID–4 of 33

Additive Bid #1; Municipal Building parking entrance on the Armistead Avenue Side to New Island in the parking area approximately 100 ft from Entrance.

NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE

11 ASPHALT CONCRETE TY. SM-

12.5A CONST (Modified) TON 67

FLEXIBLE PAVE.PLANING 0"-

2"

SY 630

13 REMOVE COMB. CURB AND

GUTTER LF 45

14 REMOVE SIDEWALK AND

ENTRANCE SY 32

COMB. CURB & GUTTER, RAD.

CG-6 LF 40

16 CURB, STD. CG-2 LF 100

17 HYDR. CEMENT CONC.

SIDEWALK 4" SY 10

18 CG-12 DETECTABLE WARNING

SURFACE SY 3

CONCRETE ENTRANCE PAVE.

7” (CG-11)

SY 80

20 TYPE B CLASS I PVMT LINE

MRKG 4" (WHITE) LF 260

DI-PRECAST TOP VARIOUS

TYPES CONST (DI-Precast Top-

T-DI-2)

EA 2

TOTAL ADDITIVE BID #1

(IN WORDS)

(IN FIGURES)

TOTAL BID (BASE BID+ADDITIVE BID # 1)

(IN WORDS)

(IN FIGURES)

IFB 08-4101-27 BID–5 of 33

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

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

B. ADDENDA

The undersigned acknowledges receipt of the following addenda:

Addendum No. Dated: .

Addendum No. Dated: .

Addendum No. Dated: .

C. It is expressly agreed by us that the City of Williamsburg shall have the right to reject any and all Bids and to waive any minor non-substantive errors in the Bid. I/We shall submit prices on both the Base Bid, Additive Bid #1. Failure on our part to submit prices on the bid items for any of the Sections will be cause for the City to declare our bid non-responsive, us as not responsible, or both, and therefore reject said bid. The award of the contract shall be made to the lowest responsive and responsible Bidder of the Base Bid and Additive Bid #1, if the bid amount does not exceed the available funding for the work. If the lowest responsive and responsible Base Bid and Additive Bid total more than available funding, the City will reevaluate all submitted bids based on the lowest responsive and responsible Base Bid and Additive Bid #1. If the lowest responsive and responsible Base Bid and Additive Bid #1 total more than available funding after the second evaluation, the city will again reevaluate all submitted bids based on the Base Bid only.

D. Attached is a bond conforming to the requirements of the current Road and Bridge Specifications, it being understood that such bond is to be forfeited as liquidated damages if, upon acceptance of the terms of this proposal, I/we fail to execute the contract and furnish bond as provided in the current Road and Bridge Specifications.

E. I/we declare that no other person, firm, or corporation is interested in this proposal.

F. I/we have carefully examined the special provisions, job specifications, current Road and Bridge Specifications, and all other documents pertaining thereto and thoroughly understand the contents thereof.

G. I/we understand that the plans, provisions, and current Road and Bridge Specifications are a part of this proposal; that all of the quantities shown herewith are a part of this proposal; that all the quantities shown herewith are approximate only.

H. I/we have examined the location of the proposed work and source of supply of materials.

I. I/we agree to bind myself/ourselves upon award of the City of Williamsburg under this proposal to a contract with necessary surety bond to start work within 15 days of notification of the contract execution or as excepted by other contract language permitted by project specifications, and to complete all work in accordance with the plans, job specifications and current Road and Bridge Specifications within the time limit set forth in the contract.

IFB 08-4101-27 BID–6 of 33

J. [This applies to projects over $200,000 unless otherwise indicated]. I/We elect to utilize the Escrow Account Procedure described in the provision of this bid if determined to be the successful low Bidder.

(write “Yes” or “No”) Bid total does not qualify for escrow account option

K. CONTRACTOR'S REGISTRATION

Registered Virginia Contractor Class and No.____________________________

(NOTE: FAILURE TO INCLUDE CONTRACTOR’S REGISTRATION NUMBER

IS GROUNDS FOR REJECTION OF THE BID.)

L. SIGNATURE

Contractor________________________________ Signed

Date_____________________________________ Title

NOTE: If Bidder is a corporation, write state of incorporation under signature.

VENDOR#/FIN#

MAILING ADDRESS AND TELEPHONE NUMBER OF BIDDER:

( ) [Telephone]

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

PRESIDENT SECRETARY TREASURER

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

PROVIDE NAME AND MAILING ADDRESS OF EACH PARTNER, PROPRIETOR, OR MEMBER

OF FIRM.

IFB 08-4101-27 BID–7 of 33

IFB 08-4101-27 BID–8 of 33

II. BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as

Principal, and ___________________________________________________________________as Surety, are hereby held and firmly bound unto City of Williamsburg, Virginia as OWNER in the penal sum of ________ _________________________________________________________________________(Five Percent) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this ______day of ___________, 20 ___.

The Condition of the above obligation is such that whereas the Principal has submitted to the OWNER a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the project entitled: FY27 Citywide Street Resurfacing for the City of Williamsburg.

NOW, THEREFORE,

(a) If said BID shall be rejected, or

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

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

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

Principal

Surety

By: __________________________________________ Attorney-in-Fact

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

IFB 08-4101-27 BID–9 of 33

IV. CERTIFICATION REGARDING DEBARMENT

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

Name of Official

Title

Firm or Corporation

Date

RETURN THIS PAGE WITH YOUR PROPOSAL

IFB 08-4101-27 BID–10 of 33

V. SAFETY CERTIFICATION FORM

To: City of Williamsburg

Project Title: FY27 Citywide Street Resurfacing for the City of Williamsburg

IFB: 08-4101-27

Project Safety Responsibility (Name):

Telephone Number:

Cell Number:

Email: __________________________________________

Emergency Contact (Name):

Telephone Number:

Cell Number:

Email: ___________________________________________

The undersigned hereby attests that the project has been carefully evaluated for the safety risks it presents and all safety procedures required based on these risks by Virginia Occupational Safety & Health, referenced in the quote document, will be implemented.

Virginia Occupational Safety & Health and all other applicable Federal, State and local laws referenced in the quote document, will be implemented. All workers on this project will be properly trained on the use of safety equipment and safe work practices.

By:

(Type Name and Title)

(Signature) (Date)

IFB 08-4101-27 BID–11 of 33

VI. NON-COLLUSION AFFIDAVIT

City of Williamsburg, Project: IFB 08-4101-27

Project Title: FY27 Citywide Street Resurfacing for the City of Williamsburg

Date: ________________

COMMONWEALTH OF VIRGINIA

City of _______________________ County of __________________________

This day personally appeared before the undersigned, a Notary Public in and for the City/County and State aforesaid, who having been first duly sworn according to law, did depose and aver as follows:

(a) That he/she is:

(Owner, Partner, President, etc.)

of

(insert name of Bidder)

(b) That he/she is personally familiar with the bid submitted in connection with the above captioned Owner’s project.

(c) That said Bid was formulated and submitted in good faith as the true Bid of said Bidder.

1. In preparation and submission of this Bid, the Bidder did not either directly or indirectly, enter into any combination or agreement with any person, firm or corporation or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free, competitive bidding in violation of the Sherman act (15 U.S.C. Section 1) or sections 59.1-9.1 through 59.1-9.17 or sections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

2. The undersigned Bidder hereby certifies that neither this Bid nor any claim resulting therefrom, is the result of, or affected by, any act of collusion with, or any act of another person or persons, firm or corporation engaged in the same line of business or commerce; and that no person acting for or employed by the Owner has any personal interest in this Bid.

3. The undersigned hereby further agrees that upon request of the Owner, the records and books pertaining to this Bid shall be voluntarily supplied, furnished, and released to the Owner.

4. The undersigned hereby further certifies that the Bidder has not knowingly falsified, concealed, misled, or covered up by any trick, scheme, or device a material fact in connection with this bid.

The undersigned also certifies that the Bidder has not made any false, fictitious or fraudulent statements or representations or made or used any false writing or documents knowing the same to contain any false, fictitious or fraudulent statement or entry in connection with this Bid.

IFB 08-4101-27 BID–12 of 33

5. The undersigned further agrees that the Bidder shall comply with section 2.2-4374 of the Code of Virginia, 1950, as amended, and has not bought or purchased any equipment from any person employed by the Owner as an independent contractor to furnish architectural or engineering services for this Project, nor from any partnership, association or corporation in which such architect or engineer has a pecuniary interest.

6. The undersigned further agrees to require all subcontractors, consultants, sub- consultants, or any other persons, corporations, or legal entities providing or furnishing labor, material, equipment or work related to this project to execute this anti-collusion statement as a condition of payment. This paragraph is expressly limited to those in a direct contractual relationship with the undersigned of over $10,000 except those persons whose only direct contractual agreement with the undersigned is an employment contract.

7. All Covenants and Agreements made by the Contractor are made by it on behalf of the Contractor and its successors, personal representatives and assigns, the same as if they had been specifically named in each instance.

And further this deponent saith not.

Subscribed and sworn to before me this day of , 20 _____

My commission expires: 20___

Notary Public

RETURN THIS SECTION WITH YOUR PROPOSAL

IFB 08-4101-27 BID–13 of 33

VII. AGREEMENT

CONTRACT FOR PERFORMANCE OF CONSTRUCTION

OR THE FURNISHING OF GOODS AND/OR SERVICES

TO THE CITY OF WILLIAMSBURG, VIRGINIA

This AGREEMENT, dated this _______ day of ______________, 20___, by and between the CITY OF WILLIAMSBURG, a Virginia municipal corporation, hereinafter called the City; and

___________________________________________________(a corporation, limited liability company, or an unincorporated organization organized and existing under the laws of the State of ______________ or, an individual trading under the above name) hereinafter called the

Contractor.

WITNESSETH: The Owner and Contractor, for the consideration stated herein, agree as follows:

2.SCOPE OF WORK; TYPE OF GOODS; SERVICES

Construction: The Contractor shall perform all required Work and shall provide and furnish all labor, materials, necessary tools, expendable equipment and utility and transportation service and all else required to complete the construction of the ________________________________project all in strict accordance with the Drawings and Specifications, including any and all Addenda, and in strict compliance with the Contract Documents, the terms of which are incorporated herein by reference. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said Work performed and completed under the direction and supervision of the Contractor and subject to the approval of the City or its authorized representative.

Goods: The type(s) and quantity(ies) of goods to be furnished are: _________________

Services: The services to be provided are: ____________________________________

3.CONTRACT PRICE Depending upon the nature of the Work The City shall pay the Contractor as follows:

Construction: As just compensation for the satisfactory performance of the Work, subject to any additions or deductions as provided in the Contract Documents, the unit and/or lump sum price as contained in the Bid Schedule attached hereto. The Contract Price is ________________________________________ ($ ) based upon unit and/or lump sum prices extended as herein contained.

Goods: The Price for goods contracted for is ____________________Dollars($______) determined as follows:_______________________________________________________

IFB 08-4101-27 BID–14 of 33

Services: As just compensation for the satisfactory performance of the services contracted for is ___________________________ Dollars ($_________), determined as follows ___________________________________________________________________

4.TIME

Construction: The Contractor agrees to commence Work within ___________ Days after the date of Notice to Proceed and further agrees to substantially Complete all Work under this Contract within ___________ Days from the date of the Notice to Proceed and to reach Final Completion of all Work under this Contract within ___________ Days from the date of the Notice to Proceed.

Goods: All goods shall be delivered to the designated location not later than the ___ day of __________________, 20__.

Services: All services shall be provided in accordance with the following schedule:

4. PAYMENT:

Construction: The following applies to payments to be made by the City to the Contractor and by the Contractor to its subcontractors, materialmen and suppliers:

• To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the

Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the City contract number and/or purchase order number; social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or the date of offset when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

IFB 08-4101-27 BID–15 of 33

Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the City of Williamsburg shall promptly notify the contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

• To Subcontractors:

a. The Contractor shall:

(1) Pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the City of Williamsburg for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) Notify the City and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

b. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the City of Williamsburg, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the City of Williamsburg.

Goods: City shall pay Contractor for Goods delivered in compliance with this Contract as follows: ______________________________________________________________________

Services: City shall pay Contractor for services provided under this Contract as follows:______________________________________________________________________

5. CONSTRUCTION GUARANTEE. If this Contract is for Construction, the Contractor guarantees that all materials and equipment, furnished by the Contractor, and all construction involved in this Contract shall be free from defects owing to faulty materials or workmanship for a period of one year after date of Substantial Completion of the Work. All Work that proves defective, by reason of faulty material or workmanship within said period of one year, shall be replaced by the Contractor free of cost to the Owner. These guarantees shall not operate as a waiver of any of the Owner’s rights and remedies for default under or breach of this Contract which rights and remedies may be exercised at any time within the period of any applicable statute of limitations.

6. WARRANTIES; GOODS AND SERVICES. The following warranties apply to the furnishing of goods and services:

IFB 08-4101-27 BID–16 of 33

a. Contract for Sale of Goods: Unless otherwise provided in the award of bid signed by the City and the Contractor, the Contractor shall be bound by all warranties furnished to the City as part of its response to the City’s IFB/RFP. If no warranties are furnished, then in addition to all warranties implied and expressly accorded by applicable law and not in limitation thereof, the Contractor warrants that such goods conform in all respects to the specifications and other requirements stated in the IFB/RFP and further warrants such goods against defects by reason of faulty materials or workmanship for a period of one year from the date of the City’s acceptance thereof.

b. Contract to Provide Services: In addition to all warranties implied and expressly accorded by applicable law, and not in limitation thereof, the Contractor warrants that the Work performed under this Contract will meet and fully comply with all requirements and specifications set forth in the City’s IFB/RFP, and that all Work shall be performed free of negligence and in accordance with generally standards for such Work and that such Work shall be fully satisfactory for the proposes intended.

7. FORCE MAJEURE. Under certain circumstances beyond the control of the Contractor, such as acts of God, sabotage, and fire or explosion not caused by negligence of the Contractor or its agent, the Purchasing Agent may extend the time limit for performance required by this Contract.

Any such extension must be issued in writing and signed by the Purchasing Agent.

8. INCORPORATION OF TERMS: Unless otherwise provided in a writing signed by the City and the Contractor, all terms and conditions contained in the Solicitation pursuant to which this Contract is awarded are incorporated in the Contract.

9. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that it does not and will not during the performance of this Contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended. The Contractor hereby reconfirms such certification.

10. OBLIGATIONS OF CITY AND CONTRACTOR: The City shall furnish to the Contractor all available information as listed in the Solicitation that may be useful for the Contract Work. To the extent that performance of the Work here contracted for so requires, the City shall assist the Contractor in obtaining access to enter upon public and private property as required to perform the Contract Work. The City shall designate a representative who shall serve as the principal contact and give direction to the Contractor throughout the duration of the Contract. The Contractor represents that it has, or shall secure at its expense, all personnel, including subcontractors, required to satisfactorily perform and fully complete the Contract Work.

11. CONFIDENTIALITY AND OWNERSHIP OF DATA: Any reports, information, intellectual property, data, drawings, specifications, estimates and summaries given to or prepared or assembled by the Contractor in the performance of the Contract Work, shall not be made available to any individual or organization by the Contractor without prior written approval of the City. All such items shall become the property of the City upon payment of fees as required by the Contract.

IFB 08-4101-27 BID–17 of 33

12. REPORTS OF WORK: The City and the Contractor shall schedule progress meetings at appropriate intervals throughout the duration of the Contract in order to provide for the exchange of information related to the status of the Scope of Work, anticipated progress and any problems that have occurred or are anticipated.

13. ASSIGNMENT OF CONTRACT: This Contract shall not be assignable by the Contractor in whole or in part without the written consent of the City of Williamsburg.

14. CHANGES TO THE CONTRACT: Changes can be made to the Contract in any of the following ways:

A. The parties may agree in writing to modify the scope of the Contract. An increase or decrease in the price of the Contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the Contract.

B. The City of Williamsburg may order changes within the general scope of the Contract at any time by written notice to the contractor. Changes within the scope of the Contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The Contractor shall comply with the notice upon receipt.

The Contractor shall be compensated for any additional costs incurred as the result of such order and shall give the City of Williamsburg a credit for any savings. Said compensation shall be determined by one of the following methods:

i. By mutual agreement between the parties in writing; or

ii. By agreeing upon a unit price or using a unit price set forth in the Contract, if the work to be done can be expressed in units, and the Contractor accounts for the number of units of work performed, subject to the City’s right to audit the Contractor’s records and/or to determine the correct number of units independently; or

iii. By ordering the Contractor to proceed with the Work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the Contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The Contractor shall present the City of Williamsburg with all vouchers and records of expenses incurred and savings realized. The City of Williamsburg shall have the right to audit the records of the Contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the City of Williamsburg within thirty (30) days from the date of receipt of the written order from the City of Williamsburg. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the Contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this Contract or, if there is none, in accordance with the disputes provisions of the City of Williamsburg Purchase Procedures Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this Contract shall excuse the Contractor from promptly complying with the changes ordered by the City of Williamsburg or with the performance of the Contract generally.

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15. CONTRACTOR RESPONSIBILITY FOR CITY PROPERTY: The Contractor shall be responsible for damages to City property caused by Work performed by the Contractor or its subcontractors. The Contractor shall be responsible for maintaining the area surrounding and adjoining the work site in their current condition. Property damage to surrounding or adjoining areas caused directly or indirectly by actions or omissions of the Contractor shall be replaced or remedied by the Contractor, to the satisfaction of the City, at the Contractor’s expense.

16. COPYRIGHTS OR PATENT RIGHTS: The Contractor certifies that there has been and shall be no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services shipped or ordered as pursuant to this Contract or in its bid/proposal submitted in pursuit of this Contract. The Contractor shall at its own expense, defend any and all actions or suits charging such infringement, and will save the City of Williamsburg, its officers, employees, and agents harmless from any and all liability, loss, or expense occasioned by any such violation.

17. INDEPENDENT CONTRACTOR: In its performance of this Contract, the Contractor is acting as an independent contractor and neither the Contractor nor its employees shall, under any circumstances, be considered servants or agents of the City of Williamsburg. At no time shall the City be responsible for any negligence or other wrongdoing by the Contractor, its employees or agents. The City shall not withhold from payments to the Contractor under this Contract, any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to the Contractor, its employees or agents. Further, the City shall not provide to the Contractor or its employees or agents, any insurance coverage or other benefits, including Worker’s Compensation.

18. SUBCONTRACTS: No portion of the Work shall be subcontracted without prior written consent of the City’s Purchasing Agent. In the event that the Contractor wishes to subcontract some part of the Work, the Contractor shall furnish the Purchasing Agent the names, qualifications and experience of the proposed subcontractor(s). Any consent to subcontract shall not waive the Contractor’s responsibility and liabilities for the full, timely and satisfactory performance of this Contract and the Contractor shall remain fully liable and responsible for the Work to be done by its subcontractors and shall assure compliance with all requirements of the Contract.

19. INDEMNIFICATION: The Contractor hereby binds itself and its successors to indemnify, defend, and save harmless the City of Williamsburg, its officers, agents or employees, from all suits and actions of every name and description brought against it or them, and all costs or damages to which it or they may be put, on account of, or by reason of any injury or alleged injury to the person or property of another, resulting from or on account of the negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the Contractor or Contractor’s agents in the performance of the Contract, including any and all liability, loss, or expense occasioned by any violation of any copyrights or patent rights by the Contractor or any of its subcontractors in the performance of the Contract Work, and that the whole or so much of the moneys due to the Contractor under and by virtue of this Contract, as such or may be considered necessary by the City, shall and may be retained until all such suits and claims for damages as aforesaid shall have been settled, and evidence to that effect furnished to the satisfaction of the City. The said Contractor further agrees to indemnify and save harmless the City of Williamsburg against any and all claims, suits or demands that may accrue to, be suffered by, or adjudicated against it by

IFB 08-4101-27 BID–19 of 33 reason of any injury sustained by any of the Contractor’s employees in and about the said work, under and pursuant to the provisions of the Workman’s Compensation Law or any amendments thereto, and the Contractor shall produce certificates or other satisfactory evidence of ample protection against such liability.

20. HOLIDAYS: In the case of construction performed under this Contract, the Contractor must obtain advance approval from the City to perform Work on the following holidays:

New Year's Day 1st day of January Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 19th day of June Independence Day 4th day in July Labor Day 1st Monday in September Veteran’s Day 11th day in November Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve 24th day in December Christmas Day 25th day of December

21. TAXES: Sales to the City of Williamsburg are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries under this Contract shall usually be free of Federal excise and transportation taxes. The City’s excise tax exemption registration number is 54-600168073.

22. USE OF BRAND NAMES: Unless otherwise provided in the solicitation for bids/proposals, the name of a certain brand, make or manufacturer does not restrict the Contractor to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the product desired. Any product 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. The Contractor is responsible to clearly and specifically identify the product being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the City to determine if the product offered meets the requirements of the solicitation. Such submission is required even if offering the exact brand, make or manufacturer specified.

23. TRANSPORTATION AND PACKAGING: Freight charges quoted in the Contractor’s bid for FOB destination shall include only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing and shipping containers shall be used. All shipping containers shall be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

24. SHIPPING INSTRUCTIONS-CONSIGNMENT: Unless otherwise specified in the solicitation each case, crate, barrel, package, etc., delivered under this Contract must be plainly stenciled or

IFB 08-4101-27 BID–20 of 33 securely tagged, stating the Contractor’s name, purchase order number, and delivery address as indicated in the order. Where shipping containers are to be used, each container must be marked with the purchase order number, name of the Contractor, the name of the item, the item number, and the quantity contained therein. Deliveries must be made within the hours of 8:00 a.m. – 3:00 p.m. Deliveries at any other time will not be accepted unless specific arrangements have been previously made with the designated individual at the delivery point. No deliveries will be accepted on Saturdays, Sundays and holidays unless previous arrangements have been made. It shall be the responsibility of the contractor to insure compliance with these instructions for items that are drop-shipped.

25. RESPONSIBILITY FOR SUPPLIES TENDERED: The Contractor shall be responsible for the materials or supplies covered by the Contract until they are delivered at the designated point, and a physical inspection is made and material is requested or rejected, but the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the Contractor’s expense promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. If rejected materials are not removed by the Contractor within ten (10) days after date of notification, the City may return the rejected materials or supplies to the Contractor at the Contractor’s risk and expense or dispose of them as its own property.

26. TESTING AND INSPECTIONS: The City reserves the right to conduct any test/inspection it may deem advisable to assure supplies and services conform to the specification. Inspection and acceptance of materials or supplies will be made after delivery at destinations herein specified unless otherwise stated. If inspection is made after delivery at a destination herein specified, the City will bear the expense of inspection except for the value of samples used in case of rejection.

Final inspection shall be conclusive except in regard to latent defects, fraud or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the City for such materials or supplies as are not in accordance with the specifications.

27. COMPLIANCE: Delivery must be made as ordered and in accordance with the solicitation or as directed by the Purchasing Agent when not in conflict with the bid. The decision as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of goods by the City shall rest with the Contractor. Any request for extension of time of delivery from that specified must be approved by the Purchasing Agent, such extension applying only to the particular item or shipment affected. Should the Contractor be delayed by the City, there shall be added to the time of completion a time equal to the period of such delay caused by the City.

However, the Contractor shall not be entitled to claim damages of extra compensation for such delay or suspension. These conditions may vary for construction contracts.

28. POINT OF DESTINATION: All materials shipped to the City must be shipped F.O.B.

DESTINATION unless otherwise stated in the contract. The materials must be delivered to the “Ship To” address indicated on the purchase order.

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29. REPLACEMENT: Materials or components that have been rejected by the Purchasing Agent, in accordance with the terms of the Contract, shall be replaced by the Contractor at no cost to the City.

30. PACKING SLIPS OR DELIVERY TICKETS: All shipments shall be accompanied by Packing Slips or Delivery Tickets and shall contain the following information for each item delivered:

• Purchase Order Number/Contract Number

• Name of product and Stock Number

• Quantity Ordered,

• Quantity Shipped,

• Quantity Back Ordered,

• The Name of the Contractor.

Contractors are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods.

31. INSURANCE: Upon entering into the Contract and throughout the term thereof, the Contractor shall maintain in force the following insurance coverages. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The Contractor further certifies that it and any subcontractors shall maintain in force the required insurance coverages during the entire term of the Contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

INSURANCE COVERAGES AND LIMITS REQUIRED:

1. Workers’ Compensation - Statutory requirements and benefits. The workers’ compensation policy shall include the City as an alternate employer.

2. Employer’s Liability - $100,000.

3. Commercial General Liability – $500,000 combined single limit. Commercial General Liability is to include Premises/Operations Liability, Products and Completed Operations Coverage, and Independent Contractor’s Liability or Owner’s and Contractor’s Protective Liability. The City of Williamsburg must be named as an additional insured when requiring a contractor to obtain Commercial General Liability coverage. When the requirement is for parking facilities and garages for motor vehicle maintenance contracts, these coverages are to include Products, Completed Operations Coverage and Garagekeeper’s Liability.

4. Automobile Liability - $500,000 - Combined single limit.