Specs - Village Blvd over Wolf Creek.pdf

PROJECT MANUAL FOR

PROPOSED BRIDGE RAIL REPAIR OF VILLAGE BOULEVARD

OVER WOLF CREEK

TOWN OF ABINGDON, VIRGINIA

COMMISSION NO. 2023022

PREPARED BY

SCHWARTZ & ASSOCIATES, INC.

CONSULTING ENGINEERS

HERITAGE BUSINESS CENTER

7331 TIMBERLAKE ROAD

LYNCHBURG, VIRGINIA 24502

TABLE OF CONTENTS

I. COVER

Title Page Number

Advertisement for Bids ADV-1 – ADV-2 Instructions to Bidders 00100-1 – 00100-5 Bid Form 00310-1 – 00310-6 Agreement 00500-1 – 00500-4 Notice of Award 00600-1 Notice to Proceed 00600-2 Supplementary Conditions (Includes Appl. For Payment) 00800-1 – 00800-12 Town of Abingdon General Terms & Conditions 00800-13 – 00800-16

II. GENERAL REQUIREMENTS

Summary of Work 02001-1 – 02001-3 Field Engineering 02002-1 – 02002-2 Change Order Procedure 02003-1 – 02003-4 Project Coordination & Progress Meetings 02004-1 – 02004-3 Construction Schedules 02005-1 – 02005-3 Shop Drawings & Project Data 02006-1 – 02006-4 Temporary Facilities 02007-1 – 02007-2 Site, Access, Staging, Parking & Traffic Regulations 02008-1 Product Delivery, Storage & Protection 02009-1 – 02009-3 Contract Closeout 02010-1 – 02010-3 Cleaning 02011-1 – 02011-2 Contractor's Record Drawings 02012-1 – 02012-3 Project Signs 02013-1

III. DIVISION III – SPECIAL PROVISIONS & REVISIONS

TO VIRGINIA DEPARTMENT OF TRANSPORTATION

ROAD AND BRIDGE SPECIFICATIONS, 2020

Special Provision A – Miscellaneous Notes 03001-1 Special Provision B – Hydraulic Cement Concrete 03002-1 – 03002-5

IV. TECHNICAL SPECIAL PROVISIONS

Maintenance of Traffic 04001-1 – 04001-2 Concrete Superstructure Surface Repair 04002-1 (Mod.) CG-2 Concrete Curb (Bridge) 04003-1 Bridge Rail and 3 Post Replacement 04004-1 Adhesive Anchors 04005-1 – 04005-3

ADV-1

ADVERTISEMENT FOR BIDS

PROPOSED BRIDGE RAIL REPAIR OF VILLAGE BOULEVARD

OVER WOLF CREEK

The Town of Abingdon (Town, Owner), Virginia, is seeking sealed bids from qualified construction firms for the above captioned project in accordance with the following project schedule.

CALENDAR OF EVENTS

Solicitation Issue Date January 22, 2024 Obtain copies of solicitation/contract documents from:

(A .pdf of Project Manual and Plans will be emailed) Project Manual and Plans will be posted on the Town’s Procurement website at:

https://www.Abingdon-va.gov/featured/bids or by email at mlane@thelanegroupinc.com

Schwartz & Associates, Inc.

Consulting Engineers 7331 Timberlake Road, Suite 305 Lynchburg, VA 24502

A Pre-bid meeting will be held at the Town of Abingdon Public Works Department, 299 Kings Mountain Drive, Abingdon, VA 24210

February 7, 2024 at 11:00 am.

Deadline for Questions to be submitted VIA E-MAIL to mlane@thelanegroupinc.com

February 14, 2024 at 12:00 pm.

Answers e-mailed to Pre-Bid Conference Attendees and posted at https://www.Abingdon-va.gov/featured/bids

February 16, 2024 at 11:00 am.

Sealed Bids Due February 21, 2024, 10:00 am at Town of Abingdon Public Works Dept.

Attn: Kevin Worley, Project Manager 299 Kings Mountain Drive Abingdon, VA 24210

Bids Opened February 21, 2024, 10:05 am at Town of Abingdon Public Works Dept.

299 Kings Mountain Drive Abingdon, VA 24210

Notice of Award March 12, 2024 Fixed Completion Date of Project May 10, 2024

The Project scope involves delaminated and spalled concrete, new concrete curb, new bridge rail, posts, post anchor bolts and guardrail.

All bids must be submitted in a sealed envelope plainly marked, “PROPOSED BRIDGE RAIL REPAIR OF VILLAGE BOULEVARD OVER WOLF CREEK”, with the name and address of the bidder in the upper left-hand corner and accompanied by the required documentation as set out in the Invitation For Bid. E-Mail and facsimile responses are not acceptable. No responsibility will attach the Town or any official or employee thereof for the pre-opening of, post-opening of, or the failure to open a bid not properly addressed and identified. The Town of Abingdon assumes no responsibility for postmark or error in delivery to an incorrect address. It is the responsibility of the bidder to ensure timely and correct delivery of the bid. BIDS RECEIVED AFTER THE DATE AND TIME

SPECIFIED WILL BE REJECTED.

Withdrawal of bids shall be according to procedure of the Virginia Public Procurement Act and to the Code of Virginia (§ 2.2-4330). Any Bidder must give notice in writing of his claim of right to withdraw his Bid within two business days after the conclusion of the Bid Opening Procedure and shall submit original work papers with such notice. If a Bid is withdrawn, the next higher Bidder shall be deemed to be the Low Bidder. No Bid may be withdrawn unless said withdrawal is permitted by law.

https://www.abingdon-va.gov/featured/bids mailto:mmaine@bristolva.org

ADV-2

Each bidder must furnish with his bid a certified check or an acceptable Bid Bond in the amount of 5% of his Base Bid plus Alternates.

The contract awardee will be required to furnish and pay for satisfactory performance and payment bonds in amounts equal to the full contract amount.

The Bidder’s attention is directed to the requirements of Chapter 11, Title 54.1, Code of Virginia, pertaining to Contractor registration.

All bidders shall complete a certification that they are not currently barred from bidding on Contracts by any agency of the Commonwealth of Virginia.

The Owner reserves the right to (1) reject any and all bids and to waive any irregularities or informalities in the bidding, and (2) to change or revise the work, with proper compensation to the contract.

MBE/WBE firms are encouraged to submit bids.

The Town of Abingdon will not discriminate against a bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by the laws of the Commonwealth of Virginia relating to discrimination in employment. Further, the Town of Abingdon will not discriminate against small and minority businesses or faith-based organizations.

Attendance at the Pre-Bid Conference is not mandatory, but contractors are encouraged to attend.

00100-1

INSTRUCTIONS TO BIDDERS

1. THE WORK

The project involves delaminated and spalled concrete, new concrete curb, new bridge rail, posts, post anchor bolts and guardrail.

2. SECURING DOCUMENTS

Copies of the proposed Contract Documents may be obtained from:

The Town’s Procurement Website: https://www.Abingdon-va.gov/featured/bids upon the conditions set forth in the Advertisement to Bid.

3. BID FORM

In order to receive consideration, make bids in strict accordance with the following.

A. Make bids upon the forms provided therefor, properly signed and with all items filled out. Do not change the wording of the bid form, and do not add words to the bid form. Unauthorized conditions, limitations, or provisions attached to the bid will be cause for rejection of the bid. If alterations by erasure or interlineation are made for any reason, explain over such erasure or interlineation with a signed statement from the bidder.

B. No telegraphic bid or telegraphic modification of a bid will be considered. No bids received after the time fixed for receiving them will be considered. Late bids will be returned to the bidder unopened.

C. Address bids to the Owner, and deliver to the address given in the advertisement to bid or before the day and hour set for opening the bids. Enclose each bid in a sealed envelope bearing the title of the Work, the name of the bidder, in the upper left hand corner and accompanied by the required documentation as set out in the Invitation for Bid. Submit only the original signed copy of the bid. It is the sole responsibility of the bidder to see that his bid is received on time.

00100-2

4. BONDS

A. Bid security in the amount stated in the Advertisement to Bid must accompany each bid. The successful bidder's security will not be returned until he has signed the Contract and has furnished the required Certificates of Insurance.

B. The Owner reserves the right to retain the security of all bidders until the successful bidder enters into the Contract or until 60 days after bid opening, whichever is sooner. Other bid security will be returned as soon as practicable. If any bidder refuses to enter into a Contract, the Owner may retain his bid security as liquidated damages but not as a penalty.

C. Prior to signing the Contract, the Owner will require the successful bidder to secure and post a Labor and Materials Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Sum, and each on the form provided therefore in the Project Manual. Such bonds shall be issued by the Surety acceptable to the Owner.

5. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Before submitting a bid, each bidder shall examine the Drawings carefully, shall read the Specifications and all other proposed Contract Documents, and shall visit the site of the Work.

Each bidder shall fully inform himself prior to bidding as to existing conditions and limitations under which the Work is to be performed, and shall include in his bid a sum to cover the cost of items necessary to perform the Work as set forth in the proposed Contract Documents. No allowance will be made to a bidder because of lack of such examination and knowledge. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

6. BIDDER ELIGIBILITY

Bids will only be accepted from Contractors who are actively engaged in the type of construction of the item(s) called for in the bid. No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Town upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to said Town or had failed to perform faithfully any previous contract with the Town. Where an installation or assembly is to be performed by a subcontractor, the bidder must name the subcontractor, and the Town reserves the right to determine whether the named subcontractor is fit and capable to perform the required work. Bidders must be pre-qualified with VDOT (as bridge contractors) to be considered responsive bidders on this project. A copy of the bidders VDOT Certificate of Qualifications must be submitted with the bid documents. All subcontractors shall be pre-qualified with VDOT for all pre-qualifiable trades.

00100-3

Bidders are required under Chapter 11, Title 54.1, Code of Virginia, to show evidence of certificate of registration before bid may be received and considered (1) on a general or subcontract of $40,000 or more, or (2) if the total value of all contracts undertaken by the bidder during any twelve- month period is $300,000 or more.

All bidders shall complete a Certification that they are not currently barred from bidding on Contracts by any agency of the Commonwealth of Virginia.

6A. PROOF OF COMPETENCY OF BIDDER

A bidder may be required to furnish evidence satisfactory to the Owner that he and his proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of the Contract in a satisfactory manner.

7. MODIFICATION AND WITHDRAWAL OF BIDS

A. A bidder may modify or withdraw his bid, either personally or by written request, at any time prior to the scheduled time for opening bids.

B. Except as provided in Section 2.2-4330 of the Code of Virginia, no bidder may withdraw his bid for a period of sixty calendar days after the date set for opening thereof, and bids shall be subject to acceptance by the Owner during this period.

8. AWARD OF CONTRACT

A. The contract will be awarded on the basis of the sum of the Base Bid and the accepted Alternates.

B. The Contract, if awarded, will be awarded to the responsible bidder who has proposed the lowest Contract Sum, subject to the Owner's right to reject any or all bids and to waive informality and irregularity in the bids and in the bidding.

C. The Owner reserves the right to reject any and all bids and to waive informalities and minor irregularities in the bid forms received.

D. Prior to award, Contractor must provide a “Registered Virginia Contractor No.

00100-4

9. EXECUTION OF AGREEMENT

A. The form of Agreement which the successful bidder will be required to execute is included in the Project Manual.

B. The bidder to whom the Contract is awarded shall, within ten calendar days after notice of award and receipt of Agreement forms from the Owner, sign and deliver required copies to the Owner.

C. At or prior to delivery of the signed Agreement, the bidder to whom the

Contract is awarded shall deliver to the Owner those Certificates of Insurance required by the Contract Documents and such Labor and Materials Payment Bonds and Performance Bonds as are required by the Owner.

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful bidder may proceed with the Work. Failure or refusal to provide Bonds or Certificates of Insurance in a form satisfactory to the Owner shall subject the successful bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

10. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING

A. If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies on or omissions from any part of the proposed Contract Documents, he may submit to the Engineer a written request for interpretation thereof not later than ten days before bids will be opened. The person submitting the request shall be responsible for any other explanations or interpretations of the proposed Contract Documents.

11. PRE-BID CONFERENCE

A Pre-Bid Conference will be held for the purpose of considering questions posed by bidders. The conference will be open to general contract and subcontract bidders. A Pre- Bid Conference will be conducted at the Town of Abingdon Public Works Department, 299 Kings Mountain Drive, Abingdon, VA 24210 on February 7, 2024 at 11:00 am.

00100-5

12. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

The Contractor agrees to commence work and complete the project in accordance with the time period set forth in the written “Notice to Proceed”. The project shall be completed in its entirety on or before May 10, 2024. The Agreement shall stipulate that the Contractor shall complete the work no later than May 10, 2024. This is a “Fixed Completion Date” (47 days) Contract with the “Fixed Completion Date” being May 10, 2024 and the Contractor shall begin work on or before March 25, 2024. A Notice of “Award” will be issued by the Owner around March 12, 2024.

All work for this Contract shall be completed and accepted on or before the time limit established in the Contract. In the event the Contractor fails to complete the work by the time limit, liquidated damages, representing the estimated additional cost of administration, engineering, supervision, inspection and other expenses will be assessed in the amount of $1,500.00 for each calendar day beyond the time limit, including Sundays and Holidays, that the project is not completed.

The Contract time specified in the Bid Form shall be on the basis of "Fixed Completion Date" as defined in Section 108.04 of the Virginia Department of Transportation Road & Bridge Specifications, 2020 and current revisions.

13. TOWN BUSINESS LICENSE

The successful Bidder shall obtain a Town of Abingdon Business License before beginning work on this project.

END OF INSTRUCTIONS TO BIDDERS

00310-1

BID FORM

Mr. Kevin Worley Project Manager Town of Abingdon Public Works Department 299 Kings Mountain Drive Abingdon, VA 24210

Dear Mr. Worley:

The undersigned, having visited and examined the site and having carefully studied all drawings and specifications pertaining to the project known as "Proposed Bridge Rail Repair of Village Boulevard over Wolf Creek" for the Town of Abingdon, Virginia, hereby proposes to furnish all labor, equipment, tools, materials and services and to perform all operations necessary to execute and complete the work required for the project, in strict accordance with the Specifications for this project, Road & Bridge Specifications by Virginia Department of Transportation, 2020, and Engineering Drawings by Schwartz & Associates, Inc., Consulting Engineers, together with Addenda Numbered , issued during bidding period and hereby acknowledged, subject to the terms and conditions of the agreement for the sum of

__________________________________________________ DOLLARS

($ ) which shall be referred to hereinafter as the BASE BID. This project has a "Fixed Completion Date" of May 10, 2024.

Contractors will indicate Unit Price and Total Price for each item listed below and the Base Bid (the sum of the Total Prices). The listed bid items are to contain all necessary costs required for completion of the Work in accordance with the Contract Documents. Base quantities for each of the items below to be included in bid are shown on construction documents and should be included in the Base Bid.

It is understood and agreed that the Owner, in protecting its best interests, reserves the right to reject any or all bids or waive any defects. Any changes, erasures, modifications, deletions in the bid form, or alternate proposals not specified in the Advertisement for Bids may make the bid irregular and subject to rejection.

There is no guarantee of award for alternates, however, all bidders are required to submit pricing for all alternates. The Town reserves the right to award based on the combination of any or no alternates.

If the Construction Agreement is for unit prices and not for a lump sum price, it is understood that all quantities listed on the following pages are estimated quantities, and the Owner reserves the right to raise, lower, or eliminate any quantity or item, and in any case, the unit prices shall be used in determining partial and final payment. It is further understood that costs to cover all components of the Work as described in the Contract Documents are included in this bid, even in cases where specific line items are not identified.

00310-2

BID PROPOSAL FORM

"PROPOSED BRIDGE RAIL REPAIR OF VILLAGE BOULEVARD

OVER WOLF CREEK"

NO MAJOR ITEMS & NO PRICE ADJUSTMENTS

Item No.

Description

Estimated Quantities

Unit Price

Total Amount

1 MOBILIZATION LUMP SUM LUMP SUM $_____________

2 MAINTENANCE OF TRAFFIC LUMP SUM LUMP SUM $_____________

3 CONCRETE SUPERSTRUCTURE

SURFACE REPAIR 12 SF $_____________ $_____________

4 RAD. CONCRETE CURB, CG-2

(APPROACH)

15 LF

5 (MOD.) CG-2 CONCRETE

CURB (BRIDGE) 5 LF $_____________ $_____________

6 BRIDGE RAIL & 3 POST

REPLACEMENTS

28 LF

7 RAD. GUARDRAIL, GR-2 12.5 LF $_____________ $_____________

8 GUARDRAIL, GR-2 25 LF $_____________ $_____________

9 REMOVAL OF EXISTING GUARDRAIL 37.5 LF $_____________ $_____________

10 TYPE B PATCHING 0.44 SY $_____________ $_____________

TOTAL $_____________

00310-3

We are properly equipped to execute all work of the character and extent of the agreement as so covered by this bid and will enter into an agreement for the execution and completion of the work in accordance with the drawings and specifications and this bid. We further agree that if awarded the contract, we will maintain a work force large enough to execute the work and all obligations and complete the work by May 10, 2024. This is a "Fixed Completion Date" contract with the "Fixed Completion Date" being May 10, 2024."

Enclosed herewith is the following Security, offered as evidence that the undersigned will enter into agreement for the execution and completion of the work in accordance with the Drawings, Specifications, and Contract Documents.

Bidder's Bond or Certified Check in the amount of $_____________________________

Bond issued by or name of bank ____________________________________________

The undersigned further agrees that in case of failure on his part to execute the said agreement within the ten (10) consecutive calendar days after written notice being given on the "Notice of Award", the monies payable by the securities accompanying this bid, shall be paid to the Town of Abingdon, Virginia, as liquidated damages for such failure; otherwise the Securities accompanying this bid shall be returned to the undersigned.

This bid is subject to acceptance within a period of 60 days from this date.

Respectfully submitted, CONTRACTOR

ADDRESS

BY: ________________________________

TITLE: ________________________________

DATE: ______________________

00310-4

Proof Of Authority To Transact Business In Virginia

THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL/BID. FAILURE TO INCLUDE

THIS FORM MAY RESULT IN REJECTION OF YOUR PROPOSAL/BID

Pursuant to Virginia Code §2.2-4311.2, an Offeror/Bidder organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its proposal/bid the identification number issued to it by the State Corporation Commission (“SCC”). Any Offeror/Bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall attach to this form a statement describing why the Offeror/Bidder is not required to be so authorized. Any Offeror/Bidder described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the SCC.

If this quote for goods or services is accepted by the Town of Abingdon, Virginia, the undersigned agrees that the requirements of the Code of Virginia Section 2.2-4311.2 have been met.

Please complete the following by checking the appropriate line that applies and providing the requested information.

A._____ Offeror/Bidder is a Virginia business entity organized and authorized to transact business in Virginia by the SCC and such vendor’s Identification Number issued to it by the SCC is: __________________

B._____ Offeror/Bidder is an out-of-state (foreign) business entity that is authorized to transact business in Virginia by the SCC and such vendor’s Identification Number issued to it by the SCC is

C._____ Offeror/Bidder has applied for, but has not yet received, an Identification Number from the SCC and requests that it be granted an extension of five calendar days to provide its Identification Number to the Town’s Purchasing Division.

D._____ Offeror/Bidder does not have an Identification Number issued to it by the SCC and is not required to be authorized to transact business in Virginia in accordance with Section(s) of the Code of Virginia and the reasons stated on the attached document(s).

Please attach additional sheets if you need to explain why such Offeror/Bidder is not required to be authorized to transact business in Virginia.

Legal Name of Company (as registered to do business and in agreement with IRS FEIN/TIN designation letter)

Legal Name of Authorized Representative for Offeror/Bidder

Title of Authorized Representative for Offeror/Bidder

Signature of Authorized Representative for Offeror/Bidder Date

00310-5

CONTRACTOR'S CERTIFICATION

This is to certify that I (we) are not currently barred from bidding on contracts by any agency of The Commonwealth of Virginia, nor am I (we) a part of any firm/corporation that is currently barred from bidding on contracts by any agency of The Commonwealth of Virginia.

(Contractor)

(Address)

(Seal)

_____________________________ By:_________________________________ (Attest)

Title:________________________________

Date:________________________________

00310-6

AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS

Affidavit of non-collusion:

Under oath, I hereby affirm under penalty of perjury:

(1) That I am the bidder or a partner of the bidder, or an officer or employee of the bidding corporation with authority to sign on its behalf;

(2) That the attached bid or bids have been arrived at by the bidder and have been arrived at and submitted without collusion or any design to limit bidding or competition;

(3) That the contents of the bid or bids have not been communicated to any person not an employee or agent of the bidder on any bid furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and

(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.

Signed

Firm Name

TOWN OF ABINGDON

COMMONWEALTH OF VIRGINIA, to wit:

I. , a Notary Public, do certify that whose name is signed to the foregoing, has this date acknowledged the same before me in my Town foresaid.

Given under my hand this day of ,20 . My

Commission expires .

Notary Public

00500-1

A G R E E M E N T

THIS AGREEMENT is dated as of the day of in the year _____ and between the Town of Abingdon, Virginia (hereinafter called OWNER) and

(hereinafter called CONTRACTOR)

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: The project involves demolition of the existing superstructure and portions of the existing substructure, repairing portions of existing substructure and reconstructing the superstructure with a 4 span continuous steel beam bridge and concrete deck.

Article 2 ENGINEER

The Project has been designed by Schwartz and Associates, Inc., Consulting Engineers. They are hereinafter called ENGINEER and will assume all duties and responsibilities and shall have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Article 3. CONTRACT TIME

3.1 Contract Time shall be a fixed completion date as shown below:

A. This project has a "Fixed Completion Date" of May 10, 2024.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the Town of Abingdon General

Terms and Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand five hundred dollars ($1,500.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete.

00500-2

Article 4. CONTRACT PRICE

4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents such amounts as required by the Contract Documents.

Article 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with the Supplementary Conditions. Applications for Payment shall be processed by ENGINEER as provided in the General Conditions.

5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work in accordance with the Supplementary Conditions and General Conditions.

5.1.1 Prior to completion Progress Payments will be made in an amount equal to:

Work completed, and materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payment previously made.

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said General Conditions.

Article 6. INTEREST

All moneys not paid when due hereunder shall bear interest at a rate of 1/2% per month

– 6% per annum.

Article 7. CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized himself with the nature and extent of the

Contract Documents, Work, locality, and with all local conditions, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work.

7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions.

00500-3

7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examination, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purpose.

7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to

CONTRACTOR.

Article 9 MISCELLANEOUS

9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are now due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.2 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

00500-4

Article 10. OTHER PROVISIONS

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.

This Agreement will be effective on , 20______.

OWNER CONTRACTOR

by By

(CORPORATE SEAL) (CORPORATE SEAL)

Attest Attest Address for giving notices Address for giving notices

(Attach evidence of authority License No.

to sign and resolution or other document authorizing execution Agent for service of process of Agreement).

END OF AGREEMENT

00600-1

NOTICE OF AWARD

To:

PROJECT Description:

The TOWN has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated 20 , and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of $ .

You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and Certificate of Insurance within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the TOWN.

Dated this day of ,20 .

Town of Abingdon

BY

Title

ACCEPTANCE OF NOTICE

Receipt of the NOTICE OF AWARD is hereby acknowledged by this the day of , 20 .

Title

00600-2

NOTICE TO PROCEED

To: Date Project:

You are hereby notified to commence work in accordance with the Agreement dated , 20 , on or before , 20 , and you are to complete the WORK

The date of completion of all WORK is therefore , 20 .

TOWN OF ABINGDON

Title

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 20

Title _________________________________________

00800-1

SUPPLEMENTARY CONDITIONS

1. DEFINITIONS

1.01 The following definitions and abbreviations shall apply to this Project:

A. Furnish: Purchase and deliver to the Work Site all items specified.

B. Install: Incorporate into the Work equipment and materials furnished either by others or by the Contractor.

C. Provide: Furnish and install as defined above all equipment as specified.

D. AWWA: American Water Works Association

E. ASTM: American Society for Testing and Materials.

F. ACI: American Concrete Institute

G. AWS: American Welding Society.

H. OSHA: Occupational Safety Health Act.

I. AREA: American Railway Engineering Association.

J. Standard Specifications (Std. Specs.): Virginia Department of

Transportation Road and Bridge Specifications Dated January 2020.

K. Standard Drawings: Virginia Department of Transportation Road and Bridge Standards, Volumes I and II, 2016, Revised May 2020.

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M. Engineer: The Engineer as defined and referred to in the Contract Documents is the Town Engineer of the Town of Abingdon

N. Contract Documents: Add the following to the definition on Page 13 - Also includes Standard Specifications and Standard Drawings.

2. BONDS

A. The CONTRACTOR shall secure and provide all bonds called for in the

Instructions to Bidders. All bonds shall be written by sureties or insurance companies licensed to do business in the Commonwealth of Virginia.

3. INSURANCE

A. The CONTRACTOR shall purchase and maintain the insurance, in at least the following amounts:

3.01 CONTRACTOR'S comprehensive general liability (bodily injury and property damage) shall be provided for the following limits:

A. Bodily Injury Liability $ 1,000,000 dollars each occurrence

$ 2,000,000 dollars annual aggregate

B. Property Damage Liability $ 1,000,000 dollars each occurrence

$ 1,000,000 dollars annual aggregate

C. The General Liability Insurance shall include the following coverages:

1. Comprehensive Form

2. Premises - Operations.

3. Explosion and Collapse Hazard.

4. Underground Hazards.

5. Products/Completed Operations Hazard.

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6. Contractual Liability Insurance.

7. Broad Form Property Damage, Including Completed Operations.

8. Independent Contractor's (Contractor's Protective Liability).

9. Personal Injury (All Insuring Agreements), Deleting the Employee

Exclusion.

3.02 Contractor's Automobile Liability (Bodily injury and property damage) shall be provided for the following limits:

A. Bodily Injury Liability - $ 1,000,000 dollars each person

$ 1,000,000 dollars each occurrence

B. Property Damage Liability - $ 1,000,000 dollars each occurrence

C. The Automobile Liability Insurance shall include the following coverages:

1. Comprehensive Form

2. Owned

3. Hired

4. Non-Owner

3.03 Excess Catastrophe coverage shall be provided by Contractor with a minimum additional limit of $2,000,000.

3.04 CONTRACTOR'S Worker's Compensation Insurance as required by

Federal, State, and Municipal laws for the protection of all CONTRACTOR'S employees working on or in connection with the Project, including broad form all states and voluntary compensation coverage and employers' liability coverage.

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3.05 The CONTRACTOR shall require his insurance agent to certify on an ACORD 25 (2010/05) insurance certificate that the insurance coverage specified by these supplementary conditions is fully in effect, both in scope and amount.

If insurance coverage is effected with more than one company, the individual certificates shall identify the items of insurance which the individual companies cover. The insurance certificate shall contain a provision that coverage afforded under the policies will not be cancelled or materially changed unless at least thirty (30) days' prior written notice has been given to the OWNER and ENGINEER.

3.06 All insurance shall be written by insurance companies licensed to do business in the Commonwealth of Virginia.

3.07 All insurance policies shall name the "Town of Abingdon, Virginia it's officers, agents and employees" and "Schwartz & Associates, Inc., consulting engineers, it's officers, agents and employees" as additional insureds. This coverage shall be reflected on the Certificates of Insurance.

4. DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF

RESIDENT PROJECT REPRESENTATIVE

A. Resident project representative is the OWNER'S field agent, will act as directed by and under the supervision of the OWNER. Resident project representative's dealings in matters pertaining to the on-site work shall in general be only with CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of CONTRACTOR.

B. Duties and responsibilities: Resident project representative will:

1. Schedules: Review the progress schedule, schedule or shop drawings submissions and schedule of values prepared by CONTRACTOR.

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2. Conferences: Attend preconstruction conferences.

Arrange a schedule of progress meetings and other job conferences as required and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof.

3. Liaison: Serve as OWNER'S liaison with CONTRACTOR, work principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract documents.

4. Shop Drawings and Samples: Receive and record date of receipt of shop drawings and samples, receive samples which are furnished at the site by CONTRACTOR.

Advise CONTRACTOR or its superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been approved by the OWNER.

5. Review of Work, Rejection of Defective Work, Inspection and

Tests:

Conduct on-site observations of the work in progress to assist the OWNER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents.

Report to OWNER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise OWNER when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof;

observe, record and report to OWNER appropriate details relative to the test procedures and startups.

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Accompany inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to OWNER.

6. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in drawings or specifications and report them with recommendations to OWNER.

7. Records: Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and samples submissions, reproductions or original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, OWNER'S clarifications and interpretations of the Contract Documents, progress reports, and other project related documents.

Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail, as in the case of observing test procedures. Send copies to OWNER.

Record names, addresses and telephone numbers of all contractors, subcontractors, and major suppliers of materials and equipment.

8. Reports: Furnish OWNER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of shop drawing submissions.

Consult with OWNER in advance of scheduled major tests, inspections or start of important phases of work.

Report immediately to OWNER upon the occurrence of any accident.

9. Payment requisitions: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward them with recommendations to OWNER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the Work.

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10. Certificates, maintenance and operation manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to OWNER for his review and forwarding to OWNER prior to final acceptance of the Work.

11. Completion: Before OWNER issues a Certificate of Substantial

Completion, submit to CONTRACTOR a list of observed items requiring completion or correction.

Conduct final inspection in the company of the OWNER and

CONTRACTOR and prepare a final list of items to be completed or corrected.

Verify that all items on final list have been completed or corrected and make recommendations to OWNER concerning acceptance.

C. Limitations of Authority. Except upon written instruction of OWNER, resident project representative:

1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment.

2. Shall not exceed limitations on OWNER'S authority set forth in the Contract Documents.

3. Shall not undertake any of the responsibilities of

CONTRACTOR, subcontractors or CONTRACTOR'S superintendent, or expedite the work.

4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents.

5. Shall not advise on or issue directions as to safety precautions and programs in connection with the work.

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6. Shall not authorize OWNER to occupy the project in whole or in part.

7. Shall not participate in specialized field or laboratory tests.

5. EMPLOYMENT DISCRIMINATION PROHIBITED

5.01 During the performance of this contract, the CONTRACTOR agrees as follows:

A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bonafide 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.

5.02 The CONTRACTOR will include the provisions of the foregoing paragraphs A, B, C in every subcontract or purchase order of over $10,000.00, so that the provisions will be binding upon each subcontractor or vendor.

6. CONSTRUCTION SCHEDULE:

6.01 The CONTRACTOR shall submit for review, a detailed construction schedule prior to beginning the project. The Owner shall be notified in advance of any major changes in the Construction Schedule as the project progresses. In order to assist the Engineer with Project Staffing Requirements for the following week, the CONTRACTOR shall provide the Engineer (& Town Engineer's Office) on each Friday, with a detailed work schedule for the following week. The CONTRACTOR shall provide the Engineer with at least a 72-hour notice for the following items:

1. All Type B patching

2. All concrete superstructure surface repair

3. All adhesive anchor installations

4. All curb replacement

5. Bridge rail and post installations

6. Guardrail installation

7. Traffic control

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6.02 The CONTRACTOR shall notify the Engineer AND the Town Water and Sewer Department of any planned interruption of the water service. All required retaining glands and anchor blocks shall be in place prior to such notification.

6.03 The CONTRACTOR may be charged for additional costs of inspection when material and workmanship are found not to be ready for inspection at the time the CONTRACTOR calls for inspection.

7. APPLICATION FOR PROGRESS PAYMENT

A. Applications for progress payment shall be made on forms identical to those shown on pages 00800-10, 00800-11, and 00800-12 shown in these

SUPPLEMENTARY CONDITIONS.

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APPLICATION FOR PAYMENT

The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment under said contract, being Applications for Payment numbered 1 through inclusive; and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest, and encumbrances.

DATED 20___ ________________________________________

(CONTRACTOR)

BY: __________________________________________

NAME AND TITLE

COUNTY OF _____________________)

STATE OF _______________________) ss

Before me on this day of , 20___ personally appeared known to me, who being duly sworn, did depose and say that he is the of the (office) Contractor above mentioned, that he executed the above Application for Payment and statement on behalf of said Contractor, and that all of the statements contained herein are true, correct and complete.

NOTARY PUBLIC

MY COMMISSION EXPIRES: _____________________________________________

Application for Payment: Sheet 3 of 3

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VIII. Town of Abingdon General Terms and Conditions

A. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought before a court of competent jurisdiction in the Town of Abingdon, Virginia. The Town and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

B. ANTI-DISCRIMINATION: By submitting their bids, Bidders certify to the Town that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1 and 2 below apply:

1. 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 these requirements.

2. The contractor will include the provisions of 1 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

C. ETHICS IN PUBLIC CONTRACTING: By submitting their bids,…