IFB 12-25 South Mesa Dr Pedestrian Improvements.pdf

BID INVITATION #12-25 DATE: September 12, 2024

Sealed Bids subject to the general conditions and specifications hereby attached, will be received at the Office of the City Clerk, Second Floor, Municipal Building, 300 North Main Street, Hopewell, Virginia 23860 until, but not later than 11:00 A.M. Thursday September 12, 2024 and then publicly opened in the Council Chambers, Municipal Building, 300 North Main Street, Hopewell, Virginia on the aforementioned date and time for furnishing the solicited supplies or services.

1. In order to be considered for selection, Vendors must submit a complete response to this IFB. One

(1) original and a portable document format (pdf) version of the proposal shall be submitted to the

City of Hopewell, Virginia.

2. In-person submission, enter the Municipal Building door marked Planning & Development

Permitting Department door and request the receptionist to contact the City Clerk for bid submission

3. Regardless of delivery method of bid, the outside of each envelope must clearly indicate the following: (if bid is delivered by Federal Express, UPS, USPS Priority, etc. or any other means, the outside of each envelope must also clearly indicate):

City Clerk

Second Floor

Municipal Building

300 North Main Street

Hopewell, Virginia 23860

Closing Date of Bid: Thursday September 12, 2024

South Mesa Drive

Pedestrian Improvements

VDOT UPC 110842

Bid #12-25

For Your Bid To Be Considered, It Must Be Submitted On This Invitation For Bid In The Places Provided.

Vendors Shall Sign This Form Without Detaching From Rest Of Bid And Must Return The Bid In Its Entirety.

INVITATION FOR BID

SOUTH MESA DRIVE

PEDESTRIAN IMPROVEMENTS

VDOT UPC 110842

DEPARTMENT OF PUBLIC WORKS-ENGINEERING

CITY OF HOPEWELL

ANY BID RECEIVED AFTER THE ANNOUNCED DATE AND TIME OF OPENING WHETHER BY

MAIL OR OTHERWISE, WILL NOT BE CONSIDERED AND WILL BE RETURNED UNOPENED.

The right is reserved to reject any or all bids submitted and also to place the order where it appears it will be to the best interest of the City.

Period of contract shall run as specified within PART 1- BIDDING REQUIREMENTS, CONTRACT

FORMS, AND CONDITION OF THE CONTRACT, Section 00200, Item 5.0. Each project assignment

TIME LIMIT IS TO COMMENCE as stated in the notes under the bid tabulation sheets for each project.

The right is reserved to extend this contract, to be mutually negotiated at a reasonable time prior to the expiration date; same to be agreeable to both buyer and seller.

All bids are subject to general terms and conditions hereby attached and will be rejected if not properly executed.

Individual contractors must provide their social security numbers and other types of firms must provide their federal employer identification numbers in the payment clauses to be included in contracts.

Bid item quantities indicated herein are estimates of anticipated components unless deemed a lump sum value. It is understood and agreed to between the parties of a resulting contract that the City may increase or decrease quantities at the quoted price. Furthermore, it is agreed to between the parties of a resulting contract that the City shall not be obligated to purchase or pay for materials by such contract unless and until they are ordered and delivered.

The City reserves the right to be sole judge and to make the award in accordance with its own judgement as to what will best meet its requirements and be in the best interest of the City.

AVAILABILITY OF FUNDS: It is understood and agreed between the Vendor and the City that the City shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this quotation or agreement.

WITHDRAWAL OF BID: No bid may be withdrawn for a period of ninety (90) days from the date of opening unless the vendor has made a clerical error. The bidder shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers substantiating the error with such notice. The owner reserves the right to reject any or all bids, to waive all informalities, and to reject any or all items of any bid.

Bidding and contracting procedures shall conform to all applicable regulations and provisions of the City of

Hopewell Procurement Ordinance effective July 11, 2017, as amended; a copy of which is available on the City

Attorney’s website (www.hopewellva.net) under the tab CODE, Hopewell city code. Click Chapter 2A-

Procurement to view the Procurement Ordinance.

Arquesia Haskins

Procurement Officer

Please return the bids to the City Clerk, Second Floor, Municipal Building, 300 North Main Street, Hopewell, Virginia 23860. Regardless of delivery method of bid, the outside of each envelope must clearly indicate the following: (if bid is delivered by Federal Express, UPS, USPS Priority, etc. or any other means, the outside of each envelope must also clearly indicate):

City Clerk

Second Floor

Municipal Building

300 North Main Street

Hopewell, Virginia 23860

Closing Date of Bid: Thursday, September 12, 2024

South Mesa Drive

Pedestrian Improvements

Bid # 12-25

In compliance with Invitation for Bid # 12-25 and subject to all conditions thereof and attached thereto, the undersigned offers and agrees if this bid be accepted within ninety (90) calendar days from the date of opening, to furnish any and all of the items upon which the prices are quoted, at the price set opposite each item, delivered at the points as specified and as scheduled.

NAME OF ORGANIZATION TELEPHONE NUMBER

STREET ADDRESS FAX NUMBER

CITY, STATE, ZIP CODE EMAIL ADDRESS

NAME (TYPE OR PRINT) OFFICIAL TITLE

SIGNATURE DATE

CLASS A VIRGINIA CONTRACTOR # IRS I.D. #

PART 1 – BIDDING REQUIREMENTS, CONTRACT FORMS,

AND CONDITIONS OF THE CONTRACT

00200 – INSTRUCTION TO BIDDERS

1.0 A BID GUARANTEE, either as a cashier’s check or bidder’s bond, in the amount of five percent (5%) of the total bid is required.

2.0 A PERFORMANCE BOND AND PAYMENT BOND will be required of the successful bidder in the amount of one hundred (100%) percent of the contract price in certified check, letter of credit or other form acceptable to the City.

3.0 OPTION TO USE ESCROW ACCOUNT PROCEDURE FOR RETAINED FUNDS:

For construction bids in the amount of $200,000 or more, Contractor has option to use escrow account procedure for utilization of City retained funds.

4.0 VIRGINIA STATE CORPORATION COMMISSION FORM (see page 12)

The bidder shall submit the State Corporation Commission Form with their bid. If bid proposal does not include this form, the bid will be considered non-responsive.

5.0 TIME LIMIT TO COMMENCE AND COMPLETE WORK:

The successful bidder shall commence work within ten (10) calendar days after the date stipulated in the

Notice to Proceed [NTP]. Once issued the project shall be completed by the fixed completion date below:

Fixed Completion Date: MAY 14, 2026

The City anticipates award of the contract no later than April 08, 2025. For planning purposes, bidders may assume issuance of notice to proceed no later than April 25, 2025.

For each and every day that any work remains incomplete after the fixed completion date, the City will assess liquidated damages against the contractor at the rate of $600 per day.

6.0 PRICE:

For the contractor's complete performance of the work, the owner will pay and the contractor agrees to accept, subject to the terms and conditions hereof, the submitted Lump Sum Value or Unit Prices in the contractor's bid and the awards made thereon; plus the amount required to be paid for any extra work, less credit for any work omitted. The payment sum as compiled will be based on the Lump Sum Values and/or actual Quantified Unit Price contract items. Payment in full will be based on an actual measurement or assessment of all the various classes of work, material items, project administration, or other proposed work.

To include all materials, equipment and labor necessary as required or to complete the scope of work in conformity with the plans and contract documents.

7.0 SUBMISSION OF BID BREAKDOWN:

Within five (5) days after his execution of this contract or when directed by the owner, the contractor must submit to the owner, in triplicate, an acceptable breakdown of his bid price (Schedule of Values). On lump sum bid items in the contract, show the various operations to be performed and the value of each such operations, the total of such items to equal the lump sum price bid. The contractor shall also submit to each other information relating to the bid price as may be required and shall revise the bid breakdown as directed.

8.0 REPORTS, RECORDS AND DATA:

The contractor shall furnish to the owner such schedules of quantities and costs, progress schedules, reports, invoices, delivery tickets, estimates, records and other data as the owner may request concerning work performed or to be performed and materials furnished or to be furnished under the contract.

9.0 FINAL PAYMENT:

A. Upon determination of satisfactory completion of the work by a final inspection, the contractor will prepare the final payment estimate showing the value of the completed work. This estimate will be prepared within ten (10) days after the date of final completion or as soon thereafter as in the necessary measurements and computations can be made. All prior certifications and estimates, being approximate only, are subject to correction in the final estimate and payment. When the final estimate has been prepared, certified and accepted by the owner, he will submit a final certificate stating that the work has been completed and the amount, based on the final estimate, remaining due to the contractor. The owner will then accept the work as fully completed and will, not later that ten

(10) days thereafter, authorize payment to the contractor of the entire sum so found due thereunder the provisions of this contract. Provided, however, and it is understood and agreed, that as a precedent to receiving final payment, the contractor shall submit to the owner a sworn affidavit that all bills for labor, services, materials and subcontractors have been paid and that there are no suits pending in connection with the work done or labor and materials furnished under the contract.

B. The final payment shall not be paid until the contractor, if required, shall furnish the owner with a complete release from any claims, which might arise out of this contract. If a claim should remain unsatisfied after all payments are made, the contractor shall refund to the owner all monies which the owner may be compelled to pay in discharging such claim, including incidental costs and attorney's fees.

10.0 EXTRA WORK - CHANGE ORDER:

A. Any work not shown on plans and/or specifications and/or bid, which is determined necessary for the completion of the contracted work, shall be done at an agreed price negotiated between the owner and the contractor, which is to be submitted in advance and be in a written quote.

B. The following procedure shall be followed when additional work to the contract is required:

i The contractor shall submit to the City Engineer or designee a written estimate of all costs involved with the additional work. In computing such cost, no insurance, taxes, interest, rental, or depreciation of plant or services of a general superintendent or administrative force shall be included. The City Engineer will in turn submit a letter of justification, along with the written estimate of extra costs, to the Director of Public Works for final approval. Subsequent to final approval by the owner, the contractor will receive a letter of authorization to proceed with the above-mentioned work.

ii Payment for approved extra work shall be made following satisfactory completion of the work.

No order for extra work shall in any manner or to any extent relieve the contractor of any obligation under the contract. All extra work orders given in accordance with the contract are to be considered a part of same and subject to each and every term or requirement and fully covered by the bond given to guarantee the performance of same. The contractor shall be responsible for all damages caused by the carelessness or lack of skill on the part of himself, his subcontractors, or employees in doing extra work. And he shall take all risks in connection with such work in the same manner as on any other part of the work with no additional payments over the reasonable cost of the work.

11.0 PARTIAL PAYMENT - NO WAIVER OF RIGHTS:

No certificate given in payment under this contract, except final certification of final payment shall be evidence of the performance of the contract either wholly or in part, and no payment shall be construed to be an acceptance of defective work or improper material. No act of the owner or the contractor, or the representative of either of them, in superintending or directing the work, nor failure to disapprove or reject any material on the work or used therein, nor any extension of the time for the completion of the work shall be construed as acceptance either wholly or in part. Only the final certificate of the owner shall evidence acceptance. Before final certificate shall be allowed, the contractor will be required and he hereby agrees to sign and attest on said certification a statement that he accepts the same in full payment and settlement of all claims on account of the work done and materials furnished under this contract, and furthermore, that all claims for material provided or labor performed have been paid and satisfied in full. No waiver or any breach of this contract by the owner or anyone acting for or in its behalf shall be held as a waiver of any other or subsequent breach thereof. Any remedy provided therein shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided or arising by operation of the law.

12.0 ACCEPTANCE OF FINAL PAYMENT:

A. The acceptance by the contractor, or by anyone claiming by or through him, of the final payment shall operate as and shall be a release to the owner and every officer and agent thereof, from any and all claims and liability of the owner to the contractor for anything done or furnished in connection with the work or project, and for any act or neglect of the owner or of any others relating to or affecting the work.

B. No payment, however, final or otherwise, shall operate to release the contractor from any obligations under this contract or the performance bond.

13.0 PATENTED DEVICES, MATERIAL, AND PROCESSES:

It is mutually understood and agreed that contract prices are to include all royalties and costs arising from patents, trade marks and copyrights in any way involved in the work. Whenever the contractor is required or desires to use any design, device, material or process covered by letters, patent or copyright, the contractor shall indemnify and save harmless the owner, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, device, tool, material, equipment or process, to be performed under the contract, and shall indemnify the said owner, its officers, agents and employees for any costs, expenses and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after the completion of the work.

14.0 LITIGATION:

The contractor agrees to indemnify, keep and hold the owner free and harmless from liability on account of injury or damage to persons, firms or corporations or property growing out of the letting of the contract and performance thereof; and in the event that actions at law or suits in equity shall be brought against the owner, either independently or jointly with the contractor on account thereof, the contractor will defend the owner in any such action or suit at the cost of the contractor, and in event of a final judgment or other action being obtained or directed against the owner, either independently or jointly with the contractor, then the contractor will pay such judgment or perform such other act with all costs and hold the owner harmless therefrom.

00300 – INFORMATION AVAILABLE TO BIDDERS

QUESTIONS: The City requires that all prospective bidders submit any questions in writing. All questions should be sent electronically on or before Friday, August 23, 2024, 5:00 p.m.

All questions shall be addressed to Arquesia Haskins, Procurement Officer, at procurement@hopewellva.gov.

Addenda will be issued on Friday, August 30, 2024 as required to answer questions.

1.0 PLANS AND SPECIFICATIONS:

A. South Mesa Drive Pedestrian Final Plans dated March 20, 2024 - link included on Page 38

00400 – BID FORMS AND SUPPLEMENTS – BID SHEET #12-25

ITE

M

NO.

VDOT

CODE

VDOT

SPEC.

DESCRIPTION UNIT QTY UNIT

PRICE

TOTAL

PRICE

1 00100 513 MOBILIZATION LS 1 $ $

2 00101 517 CONSTRUCTION SURVEYING LS 1 $ $

3 10128 308 AGGR. BASE MAT. TY. 1 NO.

21B

TON 118 $ $

4 10636 315 ASPHALT CONC. TY. SM-9.5D TON 24 $ $

5 10643 315 ASPHALT CONCRETE TY BM-

25.0D

TON 47 $ $

6 11070 315 NS SAW-CUT ASPH CONC. LF 501 $ $

7 12020 502 STD. CURB CG-2 LF 305 $ $

8 12600 502 STD. COMB. CURB & GUTTER LF 363 $ $

9 12720 502 NS COMB. CURB & GUTTER

(CG-6 REVERSE CURB)

LF 44 $ $

10 13108 502 CG-12 DETECTABLE WARNING

SURFACE

SY 14 $ $

11 13220 502 HYDR. CEMENT CONC.

SIDEWALK 4”

SY 215 $ $

12 14100 502 REMOVE SIDEWALK AND

ENTRANCE

SY 160 $ $

13 14120 502 REMOVE COMB. CURB AND

GUTTER

LF 352 $ $

14 14440 502 SAW CUT SIDEWALK LF 83 $ $

15 14450 502 SAW CUT CURB, GUTTER AND

ENTRANCES

LF 39 $ $

16 24400 508 OBSCURING ROADWAY UNIT 3 $ $

17 24430 508 DEMOLITION OF PAVEMENT

FLEXIBLE

SY 365 $ $

18 27102 603 REGULAR SEED LBS 32 $ $

19 27461 303 INLET PROTECTION TYPE B EA 7 $ $

20 27505 303 TEMP. SILT FENCE TYPE A LF 156 $ $

21 52002 703 ACCESSIBLE PEDESTRIAN

PUSHBOTTON PA-2

EA 6 $ $

22 FLASHING LED SIGN PANEL EA 6 $ $

23 51198 703 ACCESSIBLE

PEDESTRIAN

PUSHBUTTON PA-2

EA 6 $ $

24 51212 703 PEDESTAL POLE PF-2

12”

EA 6 $ $

25 51240 700 CONCRETE

FOUNDATION PF-2

EA 6 $ $

26 51951 703 INSTALL SIGN EA 6 $ $

27 54034 704 TYPE B CLASS 1 PVMT

LINE MARK C 6”

LF 280 $ $

28 THERMAL DETECTOR EA 1 $ $

29 DETECTION BOLLARDS EA 5 $ $

30 PATTERNED

PEDESTRIAN

CROSSWALK

SF 1650 $ $

31 50300 700 REMOVE EXISTING 1

POST SIGN STRUCTURE

EA 7 $ $

32 50320 700 REMOVE EXISTING 1

POST SIGN PANEL

EA 7 $ $

33 85170 512 TEMPORARY SIGN SF 3 $ $

Bid Items 1 – 33 $_________________

Bid Total Items 1 – 67 $_________________

00410 - BID FORM

BID FORM

DATE: ____________________________

TO: City Clerk

Municipal Building

300 N. Main Street

Second Floor

Hopewell, VA 23860

Base Bid summary is based on the Engineer’s Estimated Scope of Work and indicated Material

Quantities

Bid of _________________________________________________________________ (hereinafter called

"bidder") a corporation, authorized to conduct business under the laws of the State of Virginia, a partnership, or an individual doing business as____________________________________________________________________________________

(insert corporation, partnership or individual as applicable).

To the City of Hopewell (hereinafter called "owner"):

The bidder in compliance with your invitation to Bid #12-25, hereby submits bids for

South Mesa Drive

Pedestrian Improvements

Bid # 12-25

In complete accordance with plans and specifications, and stakeout, as prepared and provided by the

City of Hopewell, the Bidder has received complete documents, visited the site of the proposed work, and is completely familiar with all of the conditions surrounding the proposed project including the availability of materials and labor. Bidder has also familiarized himself with the agreed to bind himself to bidding documents including proposed contract documents and addenda issued prior to this date as follows:

Addendum Number ____________ Date Received ______________

Addendum Number ____________ Date Received ______________

Time for Completion

The successful bidder agrees to commence work within 10 days after authorization to proceed and further agrees to fully complete the specified work within consecutive calendar days thereafter as stipulated above:

Bidder further agrees to pay as liquidated damages, the sum of six hundred dollars ($600) for each consecutive calendar day thereafter that the work remains incomplete as hereinafter provided in the

General Conditions.

BID FORM, page 2

Liquidate Damages

If awarded this contract, the undersigned agrees that all work under each phase of the work noted above and covered in the contract shall be:

1. Substantially completed and accepted by the owner within specified time frame.

2. Approved by the owner but with minor discrepancies at the end of specified time frame; from the date work is authorized to begin. Further, the undersigned agrees that the compensation amount of owner shall retain will be the sum of six hundred dollars ($600) per day each day after the date of scheduled completion and for as long as any work under the contract remains incomplete; Saturdays, Sundays and holidays are included. This sum shall represent the actual measure of liquidated damages which the owner will sustain per diem by failure of the contractor to complete the work at the time stipulated, and this is not to be considered in any way a penalty.

The undersigned further agrees that, in case of failure on his part to execute said contract and the guarantee bond within the ten (10) calendar days after written notice being given of the award of the contract, the check, or bid bond accompanying this bid, and the monies payable thereon, shall be paid into the general fund of the City of Hopewell as liquidated damages for such failure, otherwise the check or bid bond accompanying this bid shall be returned to the undersigned.

Attached hereto is a certified check on the

________________________________, bank of or, a bid bond, for the sum of

($___________________________) made payable to the Treasurer, City of Hopewell.

The undersigned bidder is registered as a contractor in the Commonwealth of Virginia, Certification No. _____________________________, ____________.

Name of General Contractor

Authorized Signature

CERTIFICATION OF NOTARY PUBLIC

I have examined all pages of this bid and certify that it is a valid statement of the signatory.

Date: ______________________

My commission expires: _________________________________

Notary Public

00420 – STATE CORPORATION COMMISSION FORM

State Corporation Commission Form

Virginia State Corporation Commission (“SCC”) registration information:

The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number:

-OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out- of-state location) -OR-is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the

City reserves the right to determine in its sole discretion whether to allow such waiver):

Signature: Date: _____________________

Name:

Print

Title: _________________________________

Name of Firm:

00430 - BID BOND

BID BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, (hereinafter called “principal”) as Principal, ____________________________ a corporation duly organized under the laws of the State of Virginia, (hereinafter called “surety”), as Surety are held and firmly bound unto the

City of Hopewell, Virginia (hereinafter called “obligee”) as Obligee, in the sum of for the payment of which sum will and truly to be made, the said Principal, and the said

Surety, bond ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid to the Obligee for:

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and with the terms of such bids and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which

Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this ________________ day of __________________________________, ATTEST

___________________________________________ (SEAL)

Principal

By:________________________________________

Title

ATTEST

Surety

Surety Countersigned:

By:___________________________________

By:________________________________________

Virginia Resident Agent Attorney in Fact

00500 – CONSTRUCTION CONTRACT

CONSTRUCTION CONTRACT

This contract made this ____________ day of _________________________ , _____________, by and between hereinafter called the contractor and the City of Hopewell, Hopewell, Virginia, hereinafter called the owner.

WITNESSETH: That the contractor and the owner for the hereinafter named considerations, do agree as follows: The contractor shall furnish all of the materials and perform all of the work called for by specifications and plans, which plans and specifications are as fully a part hereof as if hereto attached, and described in the following enumerated specifications and addenda and bulletins.

SPECIFICATIONS - PLANS - SPECIAL PROVISIONS FOR

Contract - The executed contract documents shall consist of the following:

a. Construction Contract g. Bidding Requirements and

Conditions

b. Invitation to Bid h. Technical Specifications

c. Notice of Award i. General Conditions

d. Certificate of Insurance j. Special Conditions

e. Forms of Bond k. Construction Plans/Drawings

f. Bid Form / Bid Sheet

The contractor shall commence the work to be performed under this contract on a date to be specified in a written order of the owner. The date is to be not more than ten (10) days after the contract is signed by the owner, and the contractor shall fully complete all work hereunder within the specified consecutive calendar days listed above from and including said date. For each and every day that any work remains incomplete after the contract time specified for completion of the work, the City will assess liquidated damages against the contractor at the rate of six hundred dollars ($600) per day. The contractor is to keep in repair for twenty-four (24) months after date of final acceptance the entire work embraced in this contract, and is to replace any defective work, upon his failure to do so, such repairs may be made and such defective work replaced by the owner at the cost of the contractor who agrees to pay for same.

The owner shall pay the contractor for the performance of the contract, in the amount of subject to additions and deductions as approved by the owner, provided in the specifications or bids, in current funds as follows: On or before the 20th day each month of each calendar month, the owner will make partial payment to the contractor as set forth in the specifications. Final payment, on account of this contract, shall be made within thirty

(30) days after final completion and acceptance by owner, of all work covered by this contract.

CONSTRUCTION CONTRACT, Page 2

IN WITNESS WHEREOF, the parties have executed the contract the day and year. First written in three (3) counterparts, each of which shall, without proof of the accounting for the counterpart, be deemed an original contract.

ATTEST__________________________________

By:_______________________________________

Name

Title Name

Title

Contractor's Address: _______________________________________________

OWNER:

Approved as to Form: Approved for Construction:

City Attorney City Engineer

Approved as to Funding:

Finance Director Public Works Director

City Manager

00600 – BONDS AND CERTIFICATES

1.0 GENERAL:

A. Attention is called to City of Hopewell Procurement Ordinance, Chapter 2A.

B. The contractor shall secure and maintain in force, at his own expense all forms of insurance and performance and payment bonds as required hereinbefore, or hereinafter, to insure the completion of the work under contract to the satisfaction of the owner and the engineers, and without damage to, or claims against the owner or the engineers. In addition, the contractor shall show satisfactory evidence of insurance on behalf of the subcontractors, before entering into any agreement to sublet any part of the work to be done under this contract.

2.0 BONDS:

A. The following performance and payment bonds and forms of insurance shall be secured by the contractor to cover all work under this contract and to protect the contractor, the owner and the engineers, and the general public against any damage of claims in connection with the performance of the contract. The insurance shall be by companies duly authorized to do business in the State of Virginia.

i A BID GUARANTEE, either as a cashier’s check or bidder’s bond, in the amount of five percent (5%) of the total bid is required.

ii A PERFORMANCE BOND AND PAYMENT BOND will be required of the successful bidder in the amount of one hundred (100%) percent of the contract price in certified check, letter of credit or other form acceptable to the City. As security for the faithful performance of all terms and conditions of the contract, as security for the payment of all persons performing labor and furnishing materials in connection with the contract, and protecting the owner from all damages or claims resulting from, or in connection with, the performance of the contract.

And such bond to remain in force for a period of twelve (12) months after the completion and acceptance of the finished work.

B. The performance and payment bond shall and does also bind the surety company to protect the owner from damages, claims or costs by failure of the contractor to make such correction shall be due to his financial solvency or for any other cause whatever.

C. Executed copies of the performance bond shall be bound with, and become a part of, all copies of the contract.

3.0 INSURANCE:

A. Automobile liability and property damage liability shall be provided for the following limits:

(1) Bodily injury liability $100,000 each person

$300,000 each accident

(2) Property damage liability $100,000 each accident

B. Workmen's compensation insurance as required by Federal, State and municipal laws for the protection of contractors' employees working on or in connection with the project, with employers liability limit of $100,000.

C. Public liability and property damage liability shall be provided for the following limits on a comprehensive general liability form, without XCU exclusions.

$100,000 aggregate

D. Contractor's protective liability shall be provided for the following limits:

E. Fire and extended coverage shall be provided on the completed value builders risk form.

F. The contractor shall require each of his subcontractors to carry Workmen's

Compensation insurance and public liability and property damage liability for the following limits.

G. The contractor shall have executed and delivered to the owner three (3) copies of all insurance certificates.

00610 – CERTIFICATE OF INSURANCE

CERTIFICATE OF INSURANCE

This is to certify that insurance policies covering the business operations mentioned below are in force in this company as follows:

NAME OF INSURED: ____________________________________________________

ADDRESS: ___________________________________________________________

COVERING AT: _______________________________________________________

TYPE OF WORK COVERED: _______________________________________________

KIND OF

INSURANCE

COVERAGE

POLICY #

POLICY

EFFECTIV

E

DATE

(MM/DD/Y

Y)

POLICY

EXPIRATI

ON

DATE

(MM/DD/Y

Y)

PER LIMITS

Workmen's Comp. Statutory

Public Liability

PERSON $

OCCURRE

NCE

Property Damage

AGGREG

ATE

Contractor's Protective

Public Liability

(accidents arising out of subcontractors operations)

Contractor's Protective

Property Damage

(arising out of subcontractors operations)

AGGREG

ATE

Contractual Liability

(liability assumed under this contract)

Contractual Property

Damage (liability assumed under this contract)

Completed Operations

& products Liability

The workmen's Compensation policy covers the obligation of the insured under the

Workmen's Compensation Law of Virginia.

The above policies shall not terminate or otherwise expire prior to thirty (30) days after a written notice to that effect is given by certified mail to the City Clerk at whose request this certificate is issued.

Date: City Clerk

Municipal Building

Hopewell, VA

Insurance Carrier

By___________________________

Authorized Agent in Virginia

00620 – FORM OF BOND

FORM OF BOND

KNOW ALL MEN: That we______________________________________________________________, Hereinafter called the Principal, and

Hereinafter called the Surety or Sureties, and held and firmly bound unto the City of

Hopewell, hereinafter called the owner, in the sum of

__________________________________________________________ dollars

( $__________________________), for the payment thereof, the principal and surety or sureties bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the principal has, by means of a written agreement dated which agreement is by reference thereto hereby expressly made a part of the bond.

NOW THEREOF, the conditions of this obligation is such that if the principal shall faithfully perform the contract on his part and satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the owner from all cost and damage which he may suffer by reason of a failure to do so, and shall fully reimburse and repay the owner all outlay and expense which the owner may incur in making good any defaults and shall pay all subcontractors or persons furnishing labor or materials in connection with the performance of said contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

Provided, that any alterations which may be made in the terms of the contract, or in the work to be done under it, or the giving by the owner of any extensions of time for the performance of the contract, or any other forbearance on the part of the owner or the principal to the other shall not in any sense release the principal and the surety or sureties, or either of them, form their liability hereunder.

Notice to the surety of any such alterations, extensions, or forbearance being expressly waived.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals

This ____________ day of ___________________________, _____________, in the name and corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

FORM OF BOND, page 2

In presence of:

By________________________________________

Business Address

Corporate Surety, or Individual (strike out one)

By________________________________________

Address

Attest:

00700 – GENERAL CONDITIONS/DEFINITIONS OF TERMS

1.0 AWARD

The contract is to be awarded in writing by Purchasing, after Dept. and City Administration approval.

2.0 BIDDER

Any individual, firm or corporation submitting a bid for the work contemplated, acting directly or through a duly authorized representative.

3.0 CONTRACT

The agreement covering the performance of the work and the furnishing of the materials for the proposed construction. The contract shall include the plans/ specifications and provisions;

also any and all supplemental agreements, which reasonably could be required to complete the construction in a substantial and acceptable manner.

4.0 CONTRACT BOND

The approved form of security furnished by the contractor and his surety as a guarantee of good faith on the part of the contractor to execute the work in accordance with the terms of the contract.

5.0 CONTRACTOR

The party of the first part to the contract, acting directly or through his agents.

6.0 ENGINEER

The consulting engineer, who has been designated by the owner as engineer in charge of the project, or the City Engineer, when a consultant has not been designated.

7.0 EXTRA WORK - CHANGE ORDERS

Work not called for or shown on plans necessary for the completion of the contract, or proposed construction shall be considered as extra work and will be paid for under terms of the contract.

8.0 INSPECTOR

The person appointed by the owner and approved by the engineer to be compensated by the owner to inspect the materials and work performed under this contract and carry out instructions as given by the engineer.

9.0 OWNER

The party of the second part to the contract, acting through its duly authorized agents.

10.0 PLANS

All drawings or reproductions of drawings, pertaining to the work under contract.

11.0 BID GUARANTEE

The certified check or bid bond designated in the bid to be furnished by the bidder as a guarantee of good faith to enter into a contract with the owner, if the contract is awarded to him.

12.0 BID

The approved prepared form on which the bidder or bidders are to submit their bid or bids for the work contemplated.

13.0 SPECIAL PROVISIONS

Special provisions are a part of this contract and shall supersede any directions, provisions or requirements as written in the general conditions, specification, etc.

14.0 SPECIFICATIONS

The directions, provisions and requirements contained herein, together with all written agreements, made or to be made, pertaining to the method of and the manner of performing the work, or to the quantity or qualities of material to be furnished under this contract.

15.0 SUPERINTENDENT

The person appointed by the contractor, acting under his instructions and in direct charge of the work for the contractor under the contract.

16.0 SURETY

The corporate body which is bounded with and for the contractor who is primarily liable, and which engages to be responsible for his payment of all debts pertaining to and for his acceptable performance of the work for which he has contracted (see contract).

17.0 THE WORK

This term shall be understood to mean the whole or any part of the construction or the labor incident thereto, included under the terms of any and all contract parts.

18.0 BIDS

All bids must be made on the bid form attached and shall state in figures and in writing the amount bid for each item shown and shall be in accordance with the specifications. All bids shall be sealed and plainly marked and addressed. No bid will be considered that reaches the hands of the owner later than the hour specified in advertisement.

19.0 RIGHT TO REJECT BIDS

It is the intent of the owner to award the contract to the lowest responsible bidder, but the owner reserves the right to reject any and/or all bids.

20.0 GUARANTEE TO ACCOMPANY BID

Each bid must be accompanied by a bidders bond in the amount of 5% of the total bid or a certified check in the amount of 5% of the total bid, payable to the owner as a guarantee of acceptance, and entering into this contract by the party to whom it may be awarded by the owner with the approval of the engineer.

21.0 FAILURE TO EXECUTE CONTRACT

Any bidder who shall fail, after ten (10) days written notice being given of the acceptance of his bid, to enter into contract documents required by the City shall, at the option of the city, forfeit his claim to the work, and his bid guarantee shall be retained and used by the owner, not as a penalty but as liquidated damages.

22.0 BID FORM

Bidders will be furnished by the engineer with a bid form which will state the description of the work to be constructed, the approximate estimate of the various quantities of work to be performed and materials to be furnished; and the date, time and place of the opening of bids.

No bid will be considered unless submitted on the prescribed form. Each bidder must sign the bid with his full name, address, and submit same sealed. In cases where a firm or corporation submits a bid, the bid shall be with the full name of each member of the firm or the name of the officer of the corporation authorized by its bylaws, in addition to the firm or corporation signature with the official seal thereto, and their addresses must be given. Any alterations or additions made in or to any part of the contract will render a bid irregular and may be sufficient cause for its rejection.

23.0 DISQUALIFICATION OF BIDDERS

More than one bid form from any individual firm or partnership under the same or different names will not be considered. Bids in which the prices are obviously unbalanced will be rejected. No contract will be awarded except to responsible bidders capable of performing the class of work contemplated. Each bidder shall furnish a complete statement of his experience and the amount of capital and equipment available for the proposed work if so requested by the engineer.

24.0 FAMILIARITY WITH PROPOSED WORK

Before submitting a bid, each bidder must take a careful examination of the general instructions, conditions, plans and specifications and fully inform himself as to quality of materials and character of the workmanship required and make a careful examination of the site of work, and the work to be performed and should his bid be accepted, he will be responsible for any and every error in his bid resulting from his failure to do so.

25.0 INTERPRETATION OF APPROXIMATE ESTIMATE OF QUANTITIES

A. The bidders' attention is called to the fact that the estimate of quantities of work to be done and materials to be furnished under these specifications as shown on the plans and accompanying bid is approximate, and is given only as a basis of calculation for comparing the bids and awarding the contract. The owner does not assume any responsibility for the quantities shown in the contract and reserves the right to increase or decrease the quantities shown or to omit as he may deem necessary.

B. However, after the bids are opened and the contracts awarded, the owner reserves the right to increase or diminish the contract, not to exceed 25% of the total value thereof, by adding or diminishing the project.

C. The right is reserved to increase or decrease the length of the project by adding or omitting sections or by relocation, whether shown on plans or not.

26.0 PERMITS -

The City’s SWM and ESC ordinances require that the successful bidder obtain a City Land

Disturbance Permit as this project will disturb more than 2,500 square feet. The successful bidder will need to provide the name, contact information, and a copy of the certificate of competence for the Responsible Land Disturber (RLD) issued by Virginia DEQ.

Additionally, this project will include land disturbing activities of one acre or more and will therefore require a Virginia Stormwater Management Program (VSMP) permit. The VSMP permit is the City’s authorization of coverage under the General Virginia Pollutant Discharge

Elimination System (VPDES) for discharges of stormwater from construction activities

(VAR10). There will be no fee for the Land Disturbance Permit as this is a City sponsored project. The City will reimburse the VSMP fee of $2700 to the contractor in the first invoice under Bid Item No. 67. Additional information, guidance and permit forms can be found here: https://hopewellva.gov/erosion-sediment-control-and-stormwater-management-for-land-disturbing-activities/ https://hopewellva.gov/erosion-sediment-control-and-stormwater-management-for-land-disturbing-activities/ https://hopewellva.gov/erosion-sediment-control-and-stormwater-management-for-land-disturbing-activities/

27.0 SCOPE OF WORK

The contractor shall do any and all work indicated in the bid and on the plans and such additional work and incidental work as may be necessary to complete the work embodied in this contract to a substantial and acceptable manner. He shall furnish all implements, machinery, equipment, tools, material and labor necessary to the prosecution of the work.

The character, quality and quantity of equipment shall be such as are necessary for the proper execution of the work within the specified time limit. A pre-construction meeting shall be held to clarify construction problems which may develop. Before final acceptance of the work, the contractor shall clean up the site of the work, including, leaving it in as clean, neat and sanitary condition as originally found, and shall remove all machinery, tools, surplus material, and other temporary structures from the work site.

28.0 MATERIAL AND WORKMANSHIP

It is the intent of the specifications to describe definitely and fully the character of materials and workmanship required with regard to all ordinary features, and to require first class work and materials in all particulars. For any unexpected features arising during the progress of the work and not fully covered therein the specifications shall be interpreted by The City

Engineer (the engineer) to require first class work and materials and such interpretation shall be accepted by the contractor. It is understood that the contract include any and all work that may be necessary to connect the work done with the adjoining work in a proper and workmanship manner.

29.0 NO DEVIATION FROM PLANS, SPECIFICATIONS, ETC. BY THE CONTRACTOR

The contractor shall not deviate from the plans and specifications in any particular except on written consent of the engineer. If deviation occurs on the part of the contractor, he shall correct the error at his expense in a manner satisfactory to the engineer.

30.0 INTERPRETATION OF PLANS

A. On all plans, drawings, etc., the figured dimensions shall govern in case of discrepancy between the scales and figures and the engineer or the City’s consultant engineer shall make such interpretations as may be deemed necessary for the fulfillment of the intent of the specifications and of the plans as construed by him and his decision shall be final. Should any construction or conditions arise on the proposed work, which are not covered by these specifications, and the requirements thereof are stated on the plans, special provisions, or bid form, then such special requirements shall be considered a part of these specifications as though they were fully contained therein.

B. Should any such special requirements conflict with any of the provisions of these specifications, the special requirements stated on the plans, special provisions or bid form shall govern. The contractor shall verify all figures on the plans and will be responsible for the proper coordination of all dimensions as well as the different parts of the work of construction.

31.0 CHANGE OF PLANS

It is agreed that the engineer may make alterations for plan positions, dimensions or materials of work herein contemplated or any part thereof, either before or after commencement of the construction under this contract so long as changes do not render terms of contract inapplicable.

32.0 PROGRESS OF THE WORK

It is understood and agreed that the contractor will execute the contract within the specified

Time Frame after written notice of the award of the contract. He shall provide an adequate force of labor and equipment to prosecute the work at as many different points as may be deemed necessary by the engineer so as to insure the completion of same within the time limit for completion as set forth in the contract proper. All work shall be faithfully undertaken, performed and completed within the time designated in the contract, as time is understood to be the essence of the contract.

33.0 LIQUIDATED DAMAGES

A. In case the contractor shall fail to complete the work hereunder in accordance with the specifications and to the satisfaction of the engineer within the time state in bid form, the contractor shall and will pay to the owner the sum of six hundred dollars

($600) for each and every day that the time consumed in said work and completion may exceed the time allowed for that purpose as set forth in bid.

B. The sum is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the owner will suffer by reason of said delay and default, and inability to use said improvements at the time specified for completion, and not as a penalty and the owner shall and may deduct and retain the amount of such liquidated damages out of any monies which may be due or become due from it to the contractor.

C. Inspectors will be supplied by the owner or the engineer at no cost to the contractor.

However, for each week day that the work remains uncompleted and unaccepted beyond the number of days allowed in the contract, the cost of resident engineers and inspectors regularly assigned on this contract will be deducted from final amounts due the contractor.