JYMS Ceiling and Lighting - Bidding - Project Manual.pdf

PROJECT MANUAL

SUFFOLK

PUBLIC SCHOOLS

JOHN YEATES MIDDLE SCHOOL

CEILING AND LIGHTING REPLACEMENT

VOLUME 1 OF 1

PREPARED BY

RRMM ARCHITECTS

ARCHITECTURE ■ PLANNING ■ INTERIORS

CHESAPEAKE, VIRGINIA

THOMPSON CONSULTING ENGINEERS

PLUMBING, MECHANICAL, ELECTRICAL CONSULTANT

HAMPTON, VIRGINIA

JUNE 7, 2023

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SUFFOLK PUBLIC SCHOOLS RRMM PROJECT NO. 21222.15

TABLE OF CONTENTS 1

TABLE OF CONTENTS

VOLUME 1

BIDDING INFORMATION

GENERAL CONDITIONS AND FORMS

000100 IFB #1821 INVITATION FOR BID

000200 INSTRUCTION TO BIDDERS

000300 BID FORM

AIA A310 BID BOND

000500 SAMPLE AGREEMENT

AIA A201 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

000800 SUPPLEMENTAL CONDITIONS

AIA A305 CONTRACTOR’S QUALIFICATION STATEMENT and EXHIBITS A-E

000860 PRE-BID QUESTION FORM

SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

011000 SUMMARY

012500 SUBSTITUTION PROCEDURES

012600 CONTRACT MODIFICATIONS PROCEDURES

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIREMENTS

015000 TEMPORARY FACILITIES AND CONTROLS

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

017700 CLOSEOUT PROCEDURES

017823 OPERATION AND MAINTENANCE DATA

017839 PROJECT RECORD DOCUMENTS

DIVISION 2 – EXISTING CONDITIONS

024119 SELECTIVE DEMOLITION

DIVISION 3 - CONCRETE

TABLE OF CONTENTS 2

THIS DIVISION NOT USED

DIVISION 4 - MASONRY

THIS DIVISION NOT USED

DIVISION 5 - METALS

THIS DIVISION NOT USED

DIVISION 6 - WOOD AND PLASTIC

THIS DIVISION NOT USED

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

079200 JOINT SEALANTS

DIVISION 8 - DOORS AND WINDOWS

THIS DIVISION NOT USED

DIVISION 9 - FINISHES

092216 NON-STRUCTURAL METAL FRAMING

092900 GYPSUM BOARD

095113 ACOUSTICAL PANEL CEILINGS

099123 INTERIOR PAINTING

DIVISION 10 – SPECIALTIES

THIS DIVISION NOT USED

DIVISION 11 – EQUIPMENT

THIS DIVISION NOT USED

DIVISION 12 – FURNISHINGS

THIS DIVISION NOT USED

DIVISION 13 - SPECIAL CONSTRUCTION

TABLE OF CONTENTS 3

DIVISION 14 - CONVEYING SYSTEMS

THIS DIVISION NOT USED

DIVISION 21 – FIRE PROTECTION

THIS DIVISION NOT USED

DIVISION 22 - PLUMBING

THIS DIVISION NOT USED

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

THIS DIVISION NOT USED

DIVISION 24 - RESERVED

THIS DIVISION NOT USED

DIVISION 25 - INTEGRATED AUTOMATION

THIS DIVISION NOT USED

DIVISION 26 - ELECTRICAL

260100 ELECTRICAL GENERAL PROVISIONS

260500 MATERIALS AND METHODS

260529 SUPPORTING DEVICES

260533 RACEWAYS

260534 ELECTRICAL BOXES AND FITTINGS

260923 LIGHTING CONTROL DEVICES

265100 INTERIOR BUILDING LIGHTING

DIVISION 27 - COMMUNICATIONS

THIS DIVISION NOT USED

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

THIS DIVISION NOT USED

DIVISION 31 – EARTHWORK

TABLE OF CONTENTS 4

DIVISION 32 – EXTERIOR IMPROVEMENTS

THIS DIVISION NOT USED

DIVISION 32 – EXTERIOR IMPROVEMENTS (CONT’D)

THIS DIVISION NOT USED

DIVISION 33 – UTILITIES

END OF TABLE OF CONTENTS

INVITATION TO BID ITB - 1

INVITATION TO BID # 1821

Date: November 29, 2023

Owner: Suffolk City School Board

User: Suffolk Public Schools

Architect: RRMM Architects

Project: John Yeates Middle School Ceiling and Lighting Replacement

Suffolk Public Schools Bid # 1821

Suffolk Public Schools is soliciting lump sum, sealed bids for the Lakeland High School

Performing Arts Renovation. The project is located at 4901 Bennetts Pasture Rd, Suffolk, VA

23435. The project scope of work is generally comprised of minor selective demolition of acoustical ceiling tile and suspended grid, light fixtures and associated electrical devices throughout. The scope of work also includes new 2’x2’ acoustical ceiling tile and grid, replacement LED light fixtures tied to existing electrical panels and reinstallation of miscellaneous electrical devices. The work shall be performed during off-hours and shall be phased, in coordination with school administration.

All bids must be submitted in a sealed envelope or package clearly marked “BID-1821 John Yeates

Middle School Ceiling and Lighting Replacement”, including the due date and time. All bids shall be received in the Purchasing Office, on or before 2:00 PM., Tuesday, December 19, 2023 and delivered to:

Anthony W. Hinds, MBA

Department of Purchasing

Suffolk Public Schools

100 North Main Street (entrance @ rear of building)

Suffolk, Virginia 23434

Bids shall be publicly opened and read aloud at the above stated date, time and location. Any bid received after the time designated above will be returned unopened.

Any award resulting from this solicitation will be issued to the successful offeror in writing and will be posted on the Suffolk Public School Bid Board located at 100 North Main Street, Suffolk, Virginia

23434 and the Suffolk Public Schools website.

A non-mandatory Pre-Bid Conference will be held on December 8, 2023 at 3:30 p.m. at the project site. Bidders are highly encouraged to attend due to the phasing requirements of the project.

A bid bond is required. Procedures for submitting a bid, claiming an error, withdrawal of bids, and other pertinent information are contained in the contract documents. The procedure for withdrawal of bids shall be in accordance with the Instructions to Bidders and Section 2.2-4330, Code of Virginia.

Bidders shall be required to comply with the provisions of Section 2.2-4311, Code of Virginia, in regard to nondiscrimination in employment. The owner reserves the right to reject any or all bids.

This procurement is being conducted in compliance and under the laws found in the Virginia Public

INVITATION TO BID ITB - 2

Procurement Act. Any mention of brand names is to denote the quality in which the public body is looking to obtain. Substitutions will be allowed with pre-authorization.

The last day to submit pre-bid questions shall be 5:00 PM on December 13, 2023.

Questions, in writing, may be directed to: Jeff Harris of RRMM Architects at 1317 Executive Boulevard, Suite 200, Chesapeake, Virginia 23320, Phone (757) 622-2828, Email:

jharris@rrmm.com with a copy to Anthony Hinds at anthonyhinds@spsk12.net.

Construction Documents, including Project Specifications and Drawings, will be available electronically for download beginning November 29th, 2023, from: eVA - Virginia's eProcurement

Marketplace

Bidder's attention is directed to the requirements of Title 54, Chapter 7, of the Code of Virginia pertaining to registration of Contractors. Suffolk Public Schools is an Equal Opportunity Employer

END OF INVITATION TO BID

mailto:jharris@rrmm.com mailto:anthonyhinds@spsk12.net https://eva.virginia.gov/index.html

INSTRUCTIONS TO BIDDERS 000200 - 1

SECTION 000213 - INSTRUCTIONS TO BIDDERS

1. DRAWINGS AND SPECIFICATIONS:

Construction Documents, including Project Specifications and Drawings, will be available electronically for download beginning November 29, 2023 from: eVA - Virginia's eProcurement Marketplace. Should the specifications of conditions fail to exist in this document, the Code of Virginia shall dictate those terms.

2. BIDS:

Before submitting a bid, each bidder shall carefully examine the drawings, specifications and other Contract Documents; read and understand the bidding documents and his bid; shall visit the site of the work; shall fully inform himself as to all existing conditions and limitations; and shall include in the bid the cost of all labor, supervision, items, materials, systems, and equipment described and included in the Contract Documents without exceptions.

3. CONTRACT AND BONDS

Each bid shall be accompanied by a bid security in the form of a Bid Bond, a cashier’s check, or a certified check in the amount of five percent (5%) of the total bid, made payable to the Suffolk

City School Board. This Bid Bond, cashier’s check, or certified check pledges that the bidder will enter into a Contract with the Owner on the terms stated in the Bid and will furnish bonds covering faithful performance of the Contract and payment of all obligations arising there under.

Should the bidder refuse to enter into such a Contract or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty.

Surety Bonds shall be written on AIA Document A310, Bid Bond, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney.

All bonds shall be written by sureties or insurance companies licensed to do business in the

Commonwealth of Virginia. Other bid bond forms will be acceptable if in the same format as

AIA Document A310, Bid Bond.

The Contract agreement will be on a form similar to that which is bound in the specifications. The completion date of construction shall be as indicated in the bid document. The successful bidder, simultaneously with the execution of the Contract agreement, shall be required to furnish a performance bond and a payment bond in an amount equal to one hundred percent (100%) of the

Contract price, said bonds shall be secured from a surety company licensed to do business in the

Commonwealth of Virginia and acceptable to the Suffolk City School Board.

4. QUALIFICATION OF CONTRACTORS

Each bidder shall submit with the bid a completed Contractors Qualification Statement using AIA

Document A305, 2020 Edition and associated Exhibits A-E (copies are included after the

Supplementary General Conditions).

Bidders are required to submit with the bid evidence of proper and current certificates of contractors’ registration in Virginia.

INSTRUCTIONS TO BIDDERS 000200 - 2

5. LISTING OF SUBCONTRACTORS

The experience and responsibility of subcontractors may have bearing on the choice of a contractor by the Owner.

If required by the Owner, the apparent two low bidders for each project, shall deliver to the

Owner within seventy-two (72) hours (not including Saturday, Sunday or State Holidays) for review the following information:

a. Provide a list of the work to be performed by the bidder with his own forces.

b. Provide the proprietary names and the suppliers of the principal parts (items, systems, materials, and equipment) proposed for the work.

c. Provide a list of the names of the subcontractors to be employed for each of the principal parts of the work, copies of their agreements, and their corresponding dollar amounts.

d. Provide a list of references and/or past projects for individual subcontractors performing a principal part of the work. This requirement applies to subcontractors at any tier.

Principal part shall mean a subcontract dollar value in excess of $10,000.00.

The bidder will be required to establish the reliability and responsibility of the proposed subcontractors, manufactures, and suppliers who shall furnish and perform the work described in the specifications to the satisfaction of the Architect and the Owner.

These lists shall be binding upon the Contractor; however, the Owner has the right to reject any or all subcontractors which the Architect and the Owner determines to be unqualified to do the work. Owner may withhold awarding a contract to any particular bidder if the Owner considers one or more of the proposed contractors to be unqualified.

6. INTERPRETATIONS OF PLANS AND SPECIFICATIONS

If any person contemplating the submission of a bid for the proposed Contract is in doubt as to the true meaning of any part of the drawings, specifications or other proposed contract documents, he/she may submit a written request to RRMM Architects, Attention: Jeff Harris, 1317 Executive Blvd, Suite 200, Chesapeake, VA, 23320; telephone number (757) 622-2828.

The request must be submitted on the project Pre-Bid question form and e-mailed to all of the addresses indicated on the form. The Pre-Bid Question Form is included after the

Supplementary General Conditions for use by bidders when submitting questions. Questions submitted in any other format will not receive a response. Requests must be in writing and received no later than seven (7) working days prior to the date of the bid opening, for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addendum. The

Owner and the Architect will not be responsible for any other explanations or interpretations of the proposed documents.

7. ADDENDA OR BULLETINS

Addenda or bulletins will be issued on the eVA - Virginia's eProcurement Marketplace. Any addendum or bulletin issued during the time of bidding shall become part of the documents provided to the bidders for the preparation of the bid, shall be covered in the bid, and shall be made a part of the Contract. No addenda will be issued later than four (4) days prior to the date

INSTRUCTIONS TO BIDDERS 000200 - 3

for receipt of bids except an addendum, if necessary, postponing the date for receipt of bids or withdrawing the request for bids. Awards shall be posted at the school division’s office and on the school division website.

8. RIGHT TO NEGOTIATE

The Owner reserves the right to negotiate with the lowest responsive and responsible Bidder(s) to obtain a Contract price with funds available to the Owner whenever such low bid exceeds the

Owner’s availability of funds for the work.

9. AWARD OF CONTRACT

The Owner intends to award this contract in writing to the lowest responsive and responsible bidder(s) provided the bids have been submitted in accordance with the requirements of the bid and contract documents, Virginia procurement regulations, is judged to be reasonable, and does not exceed the funds available. The Notice of Award(s) will be posted on the Suffolk Public

Schools Bid Board, located on the second floor of the School Board office, 100 North Main

Street, Suffolk, VA 23434 and on the Suffolk Public Schools website.

The Owner reserves the right to award the project based on the lowest responsible Base Bid received, as determined by the Owner.

The Owner reserves the right to waive any informality in any bid or in the bidding. The accepted bidder shall assist and cooperate with the Owner in preparing a formal Contract Agreement and within five (5) days following its presentation shall sign and deliver four (4) complete sets of

Contract Agreement documents to the Owner, including but not limited to: the Agreement, the

Performance Bond, Payment Bond, Hold Harmless Agreement, and all necessary Certificates of

Insurance.

The successful bidder, upon failure or refusal to enter in the Contract and/or to furnish the required Performance Bond, Payment Bond, and other required documents within the time specified, shall pay to the Owner as liquidated damages, an amount equal to the bid guarantee deposited with the bid or a portion thereof equal to the difference between the bid security and the next highest acceptable bid.

10. TIME IS OF THE ESSENCE

Time is of the essence for this Contract.

11. RESPONSIBLE BIDDER

The Owner reserves the right to award each individual school project based on the lowest responsible Base Bid received or any combination thereof and, that the Owner determines to be in the best interest of the Owner. In determining the “lowest responsible bidder(s)” Suffolk Public

Schools may consider the following:

a. Past performances of the contractor and subcontractors that indicate their ability to complete this project (includes organization, equipment available and any other indicators).

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

c. Quality of products used and adherence to bid specifications.

INSTRUCTIONS TO BIDDERS 000200 - 4

d. The sufficiency of financial resources and the ability of bidder to perform the contract.

e. The previous and existing compliance by the bidder with laws and ordinances.

f. The quality of performance of previous contracts or services.

In addition, the Owner reserves the right to reject any or all bids or to negotiate with the low bidder(s) in the case of insufficient funds.

12. COST BREAKDOWN

The Contractor shall, before starting his work, submit to the Owner and Architect the cost of various segments of the work according to construction activity, the total amount equaling the

Contract price. This breakdown shall be used as the basis for the payment of estimates as stated in the Contract Documents.

13. RIGHT TO REJECT BIDS

The Owner reserves the right to reject any or all bids, in whole or in part; to waive informalities;

and/or to delete items prior to making an award; whenever it may be deemed by the Owner to be in their best interest.

14. BID BOND OR CHECKS OF SUCCESSFUL BIDDERS

Bid Bond or Checks submitted by the successful bidder will be returned upon acceptance of the

100% performance bond and separate 100% payment bond. Checks from other bidders, not previously forfeited, will be returned as soon as it is determined that the bids represented by the checks will receive no further consideration by the Owner.

15. REVSIONS TO BID

Handwritten or typed notes on the envelope containing the bid will not be accepted as authorized modifications to the Bid Form included herein. The bid amount indicated on the Bid Form will be the only data considered.

16. WITHDRAWAL OF BIDS

Bids may be withdrawn by written or telegraphic request received from bidders prior to the time fixed for the bid opening. Telegraphic requests must be received by the Owner in written form before the bid opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened except as permitted in Section 2.2-4330 of the Code of Virginia as outlined below.

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

The bidder must 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. This notice to the Owner must

INSTRUCTIONS TO BIDDERS 000200 - 5

be accompanied with his original work papers, documents, and materials used in the preparation of the bid. Such work papers shall be delivered to the Owner by the bidder in person or by registered mail.

Such mistake shall be proved only from the original work papers, documents, and materials delivered to the Owner as required herein.

Failure of bidder to submit his original work papers, documents, and materials used in the preparations of this bid at the time, date and place required, shall constitute a waiver of bidders’ right to claim a mistake in his bid.

No bid shall be withdrawn under this section when the result would be the awarding of the

Contract on another bid of the same bidder.

No bidder who is permitted to withdraw a bid shall for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the

Contract is awarded or otherwise benefit directly or indirectly from the performance of the

Project for which the withdrawn bid was submitted.

If the bid is withdrawn under authority of this section, the next lowest responsive and responsible bidder shall be deemed to be the low bidder on the Project.

When the procedure set forth in the paragraphs above is utilized, original work papers, documents, and materials used in the preparation of the bid must be submitted in an envelope or package separate and apart from the envelope containing the bid marked clearly as to the contents.

END OF INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS 000200 - 6

BID FORM BF - 1

IFB-1821, John Yeates Middle School Ceiling and Lighting Replacement

BID FORM

This bid is for the John Yeates Middle School Ceiling and Lighting Replacement for Suffolk

Public Schools, Suffolk, VA

Each bidder shall submit their bid on this form. Submit two (2) copies of this form completed and with original signatures.

To: Anthony W. Hinds, MBA

Department of Purchasing

Suffolk Public Schools

100 North Main Street

Suffolk, Virginia 23434

From: ______________________________________________________ (Name)

(Address)

Having carefully examined the bid documents including the Invitation to Bid, Instructions to Bidders, Specifications, Drawings, Terms of Agreement and Addenda (if any) prepared by the architect, entitled:

John Yeates Middle School Ceiling and Lighting Replacement for Suffolk Public Schools, Suffolk, VA as well as the premises and conditions affecting the work, the undersigned proposes to furnish all labor, supervision, materials, equipment, and services necessary to perform all the work in accordance with the contract documents for the following lump sum amount.

The Owner will consider any request made by the Contractor to extend the Contractor’s time for performance of the work and may grant reasonable time extensions when delays in the

Contractor’s work performance are directly caused by supply chain delays, if the Contractor has provided the Owner with (i) reasonable notice in advance that its work is being impacted by supply chain delays; (ii) adequate verification to support the Contractor’s claim; and (iii) written certification that any delay in its performance of this Contract is beyond the

Contractor’s control and not the result of actions or any failure to act by the Contractor.

BASE BID

The Lump Sum Base Bid price for the entire work in this package, including any allowances, completed within the time limits and in accordance with the contract documents is:

___________________________________________________________________________ Dollars (Words) (Figures)

BID FORM BF - 2

ADDENDA:

The above stated bid is based on the Contract Documents and the following additional addenda issued subsequent to the release of the drawings and specifications for bids. (List all addenda with dates, if issued. If no addenda are issued, write the word “none”.)

Addenda # _____ Date _____________ Addenda # _____ Date _____________

Addenda # _____ Date _____________ Addenda # _____ Date _____________

TIME OF COMPLETION:

Work at the site(s) shall commence within ten (10) working days following the execution of the contract or the Notice-To-Proceed. The Owner anticipates the Award of these contract(s) or the issuance of the Notice-Of-Award on or before December 20, 2023. The work shall be completed in a single phase of work for the project. All work shall be substantially complete and finally complete as follows:

Substantial Completion May 15, 2024

100% Final Completion June 15, 2024

Final payment application must be submitted no later than June 19, 2024.

The Owner will consider any request made by the Contractor to extend the Contractor’s time for performance of the work and may grant time reasonable time extensions when delays in the

Contractor’s work performance are directly caused by supply chain delays, if the Contractor has provided the Owner with (i) reasonable notice in advance that its work is being impacted by supply chain delays; (ii) adequate verification to support the Contractor’s claim; and (iii) written certification that any delay in its performance of this Contract is beyond the Contractor’s control and not the result of actions or any failure to act by the Contractor.

PROFIT AND OVERHEAD FOR CHANGE ORDERS:

Change Orders initiated per Article 9 of the General Conditions shall be executed on the basis of the cost of the work, plus a percentage of the work, according to the percentages indicated in Articles

9.3.4.2.1 and 9.3.4.2.2 of the General Conditions.

OTHER:

If notified of the acceptance of this bid(s) within (60) calendar days after the date fixed for the opening of the bids, the undersigned agrees to execute and deliver to the owner the Contract and

Contractor’s Bonds within ten (10) calendar days from the date of notification and, to faithfully and properly complete the work with the best interest of the Owner, the safety of the public, and in accordance with first class workmanship.

The undersigned agrees that the Owner may retain five percent (5%) of the Contract amount as specified in the Sample Agreement/Agreement.

BID FORM BF - 3

BID SECURITY:

Attached hereto is a cashiers check, certified check, or Bid Bond (AIA Document A310 or from a

Surety Company authorized to do business in the Commonwealth of Virginia and acceptable to the

Owner), none of which shall be less than five percent (5%) of the principle bid amount, and made payable to Suffolk City School Board.

The undersigned agrees, if awarded the Contract, to comply with all provisions regarding commencement, performance, completion, and acceptance of the work described in the above-mentioned specifications and drawings, construction contract, and as stipulated in this proposal. The undersigned further agrees, if awarded this contract, to execute and deliver Performance and Labor and Material Payment bonds each in an amount equal to one hundred percent (100%) of the Contract

Price. In case of bidders failure to execute the Contract, provide a performance bond, or to commence the work, the check or bid bond shall be paid as liquidated damages for such failure; otherwise the check or bid bond accompanying the proposal will be returned to the Undersigned.

LIQUIDATED DAMAGES:

The Bidder acknowledges and agrees to the liquidated damages specified in the Sample

Agreement/Agreement. Bidder also acknowledges that time is of the essence and that work to be performed by others and/or use of the school is restrained by the timely completion of the work within this contract.

Contractor’s work performance are directly caused by supply chain delays, if the Contractor has provided the Owner with (i) reasonable notice in advance that its work is being impacted by supply chain delays; (ii) adequate verification to support the Contractor’s claim; and (iii) written certification that any delay in its performance of this Contract is beyond the Contractor’s control and

BID FORM SIGNATURE(S):

The Undersigned declares that this firm is (check one):

❑ A Corporation organized and existing under the laws of _____________________________.

❑ A Partnership consisting of ____________________________________________________.

❑ A sole Proprietorship.

❑ Other _____________________________________________________________________.

Virginia State Corporation Commission ID #________________________________________

It is agreed, that the Undersigned has complied with and/or will comply with all requirements concerning licensing and with all other Local, State, and National laws and that no legal requirement has been, or will be, violated in making or accepting this proposal, in awarding the contract to him, and/or in the prosecution of the work required therein.

The Undersigned declares that the person, or persons, signing this proposal is/are fully authorized to sign the proposal on behalf of the firm listed and to fully bind their firm listed to all the conditions and provisions thereof. It is agreed that no person, persons, or company other that the firm listed

BID FORM BF - 4

below or as otherwise indicated hereinafter has any interest whatsoever in this proposal of the

Contract that may be entered into as a result thereof and that in all respects the proposal is legal, fair, and submitted in good faith without collusion or fraud.

Respectfully submitted this _______ day of _____________, 2023.

(Name of Firm)

(Address)

______________________________________________________ Affix Seal

Telephone (____)______________ Fax (____)________________

Email address __________________________________________

Registered Virginia Contractor #: _____________________ ( Please attach a copy of the registration)

By: _______________________________________________ (Signature)

Name: _______________________________________________ (Printed)

Title: _______________________________________________ Affix Seal (Printed)

END OF BID FORM

SAMPLE AGREEMENT SA - 1

Sample Agreement

Suffolk City School Board

IFB # -1821

THIS AGREEMENT, made and entered into this day of _________, 2023 by and between the Suffolk City School Board, (hereinafter called the Owner), whose address is 100 N Main

Street, Suffolk, VA 23434 and ________________________________________ (hereinafter called the Contractor), whose address is .

WITNESSETH: WHEREAS, the Owner intends to contract the construction of John Yeates

Middle School Ceiling and Lighting Replacement. The project is located at 4901 Bennetts Pasture

Rd, Suffolk, VA 23435.

WHEREAS, the Contractor agrees to perform the work for the sum herein stated.

NOW THEREFORE, the Owner and the Contractor agree as set forth below.

ARTICLE 1. SCOPE OF WORK

The work to be performed shall be in accordance with IFB # - 1821 and all related Contract

Documents prepared by RRMM Architects dated June 7, 2023, and entitled “John Yeates Middle

School Ceiling and Lighting Replacement”. The Contractor agrees to furnish all labor, materials, equipment and supervision to complete the work as required in the Contract Documents, which are hereby made a part of this contract by reference. It is understood and agreed by the parties hereto that all work shall be performed as required in IFB # - 1821 and related Contract Documents and shall be subject to inspection and approval by the Owner or its authorized representative. The relationship of the Contractor to the Owner hereunder is that of an independent Contractor. The Contract Documents are defined in the General Conditions and are incorporated herein by reference.

ARTICLE 2. TIME OF COMPLETION

The Contractor shall commence the work promptly upon the date established in the Notice of Award or Notice to Proceed. The Contractor shall achieve all the times and dates shown on the bid form, which are incorporated herein by reference and made a part of this Contract as though fully set forth herein. All work shall be completed as follows:

Substantial Completion May 15, 2024

100% Final Completion June 15, 2024

Final payment application must be submitted no later than June 19, 2024.

ARTICLE 3. CONTRACT SUM

The Owner agrees to pay, and the Contractor agrees to accept in full performance of this Contract, the sum of , ($_________________________) which sum also includes:

SAMPLE AGREEMENT SA - 2

A) The cost of a 100% Performance Bond and a 100% Payment Bond, said bonds having been posted by the Contractor pursuant to laws of the Commonwealth of Virginia;

B) All work included in bid Addenda Number(s) ____________.

C) All Deductive and Additive Bid Alternates accepted by the Owner, which include #’s:

ARTICLE 4. PAYMENT

The Owner agrees to pay the Contractor as the work progresses, but not more frequently than once each month after the date of the Notice of Award or Notice to Proceed, and only after fully complying with the General Conditions and completion of an acceptable Certificate of Payment for the work performed during the preceding calendar month, ninety-five percent (95%) of the value of the labor performed and, subject to the requirements of the General Conditions, ninety-five percent (95%) of the value of materials furnished in place or on-site.

The Contractor shall supply such evidence of labor performed and materials furnished, as the Owner may desire, at time of request for the Certificate of Payment of account. Materials for which payment has been made cannot be removed from job site.

Retainage Reduction – Five percent (5%) of the earned amount shall be retained from each monthly payment until fifty percent (50%) of the dollar amount of the Contract has been earned. During the last fifty percent (50%) of the Contract, retainage may be reduced pursuant to applicable provisions of the General Conditions.

A payment clause that obligates a contractor on a construction contract to be liable for the entire amount owed to any subcontractor with which it contracts. Such contractor shall not be liable for amounts otherwise reducible due to the subcontractor's noncompliance with the terms of the contract.

However, in the event that the contractor withholds all or a part of the amount promised to the subcontractor under the contract, the contractor shall notify the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor's payment with the reason for nonpayment.

Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor, regardless of that contractor receiving payment for amounts owed to that contractor. Any provision in a contract contrary to this section shall be unenforceable.

ARTICLE 5. INDEBTEDNESS

Before final payment is made, the Contractor must submit evidence in the form of a final waiver of lien or claim to the Owner that all payrolls, materials bills, subcontracts and outstanding indebtedness in connection with the work have been paid or what arrangements have been made for their payment.

Payment will be made without unnecessary delay and after receipt of such evidence as mentioned above and final acceptance of the work by the Owner.

ARTICLE 6. ADDITIONAL WORK

It is understood and agreed by the parties hereto that no money will be paid to the Contractor for any additional labor or materials furnished unless a new contract in writing or a modification hereto for such additional materials or labor has been executed by the Owner and Contractor. The Owner

SAMPLE AGREEMENT SA - 3

specifically reserves the right to modify or amend this Contract and the total sum due hereunder either by enlarging or restricting the scope of work.

ARTICLE 7. ACCEPTANCE

The work shall be inspected for acceptance by the Architect promptly upon receipt of notice from the

Contractor that the work is complete and ready for inspection.

ARTICLE 8. DISPUTES PERTAINING TO PAYMENT FOR WORK

Should disputes arise regarding the value of any work done, or any work omitted, or of any extra work which said Contractor may be required to perform, or respecting any other elements involved in this Contract, said dispute shall be brought to the attention of the Program Manager who will endeavor to settle matters. If he/she is unsuccessful, the dispute will be brought to the attention of the

Suffolk City School Board and their decision shall be final and conclusive.

ARTICLE 9. TERMINATION FOR BREACH, ETC.

If the Contractor shall be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors violate any of the provisions of this Contract, the Owner may serve written notice upon him of its intention to terminate said Contract; and unless, within ten (10) days after the serving of such notice, such violation shall cease, the Owner then may take over the work and prosecute same to completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor. The Owner may take possession of and utilize in completing the work, such materials, equipment, and any other property belonging to the Contractor as may be on the site of the work and necessary therefore. The Owner may, at any time upon ten (10) days written notice to the Contractor, terminate (without prejudice to any right or remedy of the

Owner) the whole or any portion of the work for the convenience of the Owner.

ARTICLE 10. OWNER’S RIGHT TO WITHHOLD CERTAIN AMOUNT AND MAKE

APPLICATION THEREOF

The Owner may withhold from payment to the Contractor such an amount or amounts as, in the

Owner’s sole judgment, may be necessary to pay just claims against the Contractor or any subcontractor for labor and services rendered and materials furnished in and about the work. The

Owner may apply such withheld amounts on the payment of such claims in its sole discretion. In so doing, the Owner shall be deemed the agent of the Contractor and payments so made by the Owner shall be made by the Owner under the terms of the Contract and in good faith and no liability whatsoever shall attach to the Owner for having made such payments. Such payments may be made without prior determination by the Owner of the validity of any claim or claims.

ARTICLE 11. LIABILITY AND INDEMNIFICATION

The Contractor agrees that it shall at all times protect and indemnify and save harmless, the Suffolk

City School Board and all institutions, agencies, departments, authorities and instrumentalities of the

School Board and any member of the School Board or of their boards or commissions or any of the elected or appointed officers or any of their employees or authorized volunteers as described in the

General Conditions of the project specifications which are included herein by reference, from any and

SAMPLE AGREEMENT SA - 4

all claims, damages of every kind and nature made, rendered or incurred by or in behalf of any person or corporation whatsoever, including the parties hereto and their employees that may arise, that occur or grow out of any acts, actions, work or other activity done by the said Contractor in the performance and execution of this Contract.

ARTICILE 12. SUBCONTRACTOR

No part of this Contract shall be sublet by the Contractor without prior written approval of the Owner.

ARTICLE 13. LIQUIDATED DAMAGES

Should the Contractor fail to Finally Complete the work on or before the Contract Completion Date for any and all completion dates, referred to in Article 2 hereof, the Contractor shall pay to the Owner the sum of $500.00 for each consecutive calendar day that terms of the Contract remain unfulfilled as defined in Article 9, Section 9.11 of the Supplementary General Conditions of the Construction

Contract.

The Owner understands the supply chain issues the roofing industry and other industries are currently dealing with and if delays are a direct result of materials not being available for delivery, the contractor shall not be held liable.

Contractor’s work performance are directly caused by supply chain delays, if the Contractor has provided the Owner with (i) reasonable notice in advance that its work is being impacted by supply chain delays; (ii) adequate verification to support the Contractor’s claim; and (iii) written certification that any delay in its performance of this Contract is beyond the Contractor’s control and

ARTICLE 14, NONDISCRIMINATION

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

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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

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

The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract

SAMPLE AGREEMENT SA - 5

or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

Suffolk Public Schools does not discriminate against faith-based organizations.

ARTICLE 15, DRUG FREE WORKPLACE

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

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

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

c. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free work place,

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

ARTICLE 16, CONTRACTOR/EMPLOYEE BACKGROUND CERTIFICATION

Upon award, the contractor and any employee who will have direct contact with students shall provide certification that (i) he has not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; and (ii) whether he has been convicted of a crime of moral turpitude.

Any person making a materially false statement regarding such offense shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services.

ARTICLE 17, STATE CORPORATION COMMISSION ID NUMBER

In accordance with new registration requirements effective July 1, 2010, the Contractor shall include the identification number issued by the State Corporation Commission as proof of registration or justification for non-registration per the requirements in Section 13.1 or Title 50 of the Code of

Virginia.

SCC ID #____________________________________________________________________

ARTICLE 18, COMPLIANCE WITH FEDERAL IMMIGRATION LAW

The Contractor shall not, during the performance of a contract knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.

SAMPLE AGREEMENT SA - 6

SIGNATURE PAGES

IN WITNESS WHEREOF, the parties have caused the Agreement to be executed by the following duly authorized officials.

SUFFOLK CITY SCHOOL BOARD,

A Body Corporation

By: _________________________

Chair

Suffolk City School Board

By: _________________________

Superintendent

Suffolk City Public Schools

NOTARY CLAUSE

Commonwealth of Virginia

City/County________________________________________, to wit: The following instrument was

Acknowledged before me this ________day of _____________________, 2023 by ______________

Name

____________________________________, ________________________________________, and

Name Title

Name Title

My commission expires:________________________

Notary Number:_______________________________

Notary Public

Contractor

By: ____________________________________

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Signature

Print Name

Title

APPROVED AS TO FORM AND CONTENT:

School Board Attorney

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SUPPLEMENTAL CONDITIONS 000800 - 1

SECTION 000800 - SUPPLEMENTAL CONDITIONS

The following Supplemental Conditions modify the "General Conditions of the Contract for

Construction", AIA Document A201, Fifteenth Edition, 2007. Where a portion of the

General Conditions is modified or deleted by these Supplemental Conditions, the unaltered portions of the General Conditions shall remain in full force and effect.

ARTICLE 1; GENERAL PROVISIONS

1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

Add to 1.2 the following Clause 1.2.3.1:

1.2.3.1 Where on any drawings a portion of the Work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to all other work. Where details or conditions are indicated but started only, such details, or conditions shall be continued throughout the course or parts in which they occur and shall also apply to all other similar parts of the Work unless otherwise indicated or specifically noted. On all Drawings, figures shall take precedence over measurements by scale, and scaling is done at the Contractor’s own risk.

ARTICLE 2; OWNER

2.1. GENERAL

Delete Subparagraph 2.1.2 in its entirety.

2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

Delete Subparagraph 2.2.1 in its entirety.

Delete subparagraph 2.2.5 in its entirety and substitute the following:

2.2.5 The Contractor will be furnished, an electronic (PDF) copy of the drawings and specifications. Additional hard copy sets will be furnished at the cost of reproduction, postage and handling.

2.4 OWNER’S RIGHT TO CARRY OUT THE WORK

2.4.1 Delete the sentence in Subparagraph 2.4.1 reading "Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect."

SUPPLEMENTAL CONDITIONS 000800 - 2

3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES

Add the following subparagraph 3.10.4:

3.10.4 Contract time adjustments for abnormal inclement weather will be based upon the following requirements:

3.10.4.1 Contractor agrees that Dates under this Contract will not be extended due to normal inclement weather. For a time extension to be granted for abnormal inclement weather: (1) such weather must, in the judgment of the Architect, actually have an adverse effect upon the progress of the Contractor’s work which is of a critical nature; and (2) in the judgment of the Architect, the adverse effect must not be due to any fault or negligence of

Contractor and could not have been avoided by Contractor through proper planning, coordination, and implementation of adequate weather protection necessary to allow the

Work to be continued. Contractor agrees that the fact that abnormal inclement weather may occur, does not, of itself, justify any time extension hereunder.

3.10.4.2 Contractor agrees that it shall not be entitled to a time extension for normal inclement weather which can be expected at the Project locale due to precipitation, based on actual data from the U.S. Department of Commerce, National Oceanic and Atmospheric

Administration (NOAA) for the locale of the Project. Contractor acknowledges and warrants that in making its bid and Construction Schedule for the Work, it gave due care and consideration to this expected number of work days of inclement weather for the locale of the

Project and allowed therefore the impact of inclement weather on subsequent work. During the time of performance, should the expected number of work days of inclement weather for the locale of the Project be less than originally anticipated by Contractor and Owner, at the time of contracting, those days not so affected by inclement weather shall be considered float time.

January 8 July 4

February 8 August 4

March 8 September 4

April 6 October 4

May 4 November 4

June 4 December 6

3.10.4.3 Time extensions for weather delays during a given month will be allowed only for actual work days lost in excess of the anticipated number of work days lost (listed above) and only when those excess lost days adversely impact the current critical path(s) leading to the specified Substantial Completion or Contract Completion dates. Actual work days lost are defined as days that work was prevented on critical path activities for fifty percent (50%) or more of the Contractor’s scheduled workday.

3.10.4.4 Within fourteen (14) calendar days after the end of a given month, the

Contractor must submit its time extension request for any weather related delays along with supporting data. For instance, if the contractor requests a time extension for weather related

SUPPLEMENTAL CONDITIONS 000800 - 3

delays during March, the request is due on April 14. If the extension request is not submitted within the aforementioned timeframe, the Contractor shall have waived any and all rights it may have against the Owner.

Add the following subparagraph 3.10.5:

3.10.5 The Contractor shall submit an updated construction schedule monthly with his application for payment. The revised schedule will demonstrate a strategy for overcoming any variances in the previous month's schedule in order to complete the project on time. Pay requests will not be reviewed unless accompanied by the update schedule.

3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

Amend subparagraph 3.12.5 by adding new sub-paragraphs 3.12.5.1 and 3.12.5.2, as follows:

3.12.5.1 Any Drawings, Schedules, and Catalog Data submitted without the Contractor's stamp of approval will not be considered by the Architect and will be returned to the

Contractor.

3.12.5.2 The Contractor shall be responsible for the satisfactory construction of all Work in accordance with the quantities, dimensions, and designs shown in the Contract documents and the furnishing of all materials necessary for the Work and required by the Contract

Documents even if not indicated on the submittals that have been approved by the Architect.

Amend subparagraph 3.12.8 by adding the following to the end of the paragraph:

Failure to so notify the Architect in writing of such deviations shall constitute just cause for rejection of samples and Shop Drawings, including all finished work resulting therefrom, at any time during the construction and up through the prescribed guarantee period. The

Architect's approval of samples and Shop Drawings is made with the understanding that such

Shop Drawings and samples conform with, and do not deviate from the Contract Documents unless Architect is so informed in writing at the time of submittal thereof.

3.14 CUTTING AND PATCHING

Add to 3.14 the following subparagraph 3.14.3:

3.14.3 No cutouts, access doors or mechanical or electrical conduit or devices of any sort shall be installed in finished materials or areas other than in mechanical rooms, wall chases and shafts without specified prior approval of location, and without the prior submittal by

Contractor to Owner of a sample of the proposed…