Nike Park Administration Bldg & Senior's Bldg Roof Replacement IFB #15-4110-19
IFB # 15-4110-19
INVITATION FOR BID
DEPARTMENT OF BUDGET AND FINANCE
SECTION A
(Submit this entire Section with the bid)
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IFB #15-4110-19
IFB # 15-4110-19
INVITATION FOR BID
DEPARTMENT OF BUDGET AND FINANCE
Sealed bids subject to the conditions and instructions contained herein, will be received at the office of the
Purchasing Agent listed below, until the time and date shown below (local prevailing time), for furnishing
the items or services described herein.
SCOPE OF WORK:
Contractor shall provide all labor, superintendence, materials, tools, equipment, and
other ancillary items necessary to perform the Work outlined in the Specifications and Drawings.
The work at the Nike Park Administration Building is to include the removal and disposal of the existing
modified bitumen and gravel surfaced roof systems on Roof Sections A, B and D down to the roof
deck. Removal and disposal of the asphalt shingle roof system and plywood roof deck down to the framing
on Roof Section C. The roof systems shall be replaced with a new single ply roof system. Please see the
full Scope of Work to follow.
The work is to include the removal and disposal of the existing modified
bitumen and gravel surfaced roof systems on Roof Section A down to the roof deck. The roof systems shall
be replaced with a new single ply roof system. Please see the full Scope of Work to follow.
April 22, 2015 at 10:00 A.M
Pre-Bid Meeting
(Optional): , at Nike Park Administration Building
Bid Due3:00 PM., May 7, 2015
:
Contract Officer:
michael.coburn@isleofwightus.net
Michael Coburn, Sr., Purchasing Agent,
** ALL OF SECTION "A" AND ONE ELECTRONIC COPY IS REQUIRED AS SUBMITTAL**
In compliance with this invitation for bids, and subject to all the conditions thereof, the undersigned offers, if this bid
is accepted within ninety (90) calendar days from the date of the opening, to furnish any or all of the items and/or
services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place
specified herein. The undersigned certifies he has read, understands, and agrees to all terms, conditions, and
requirements of this bid, and is authorized to contract on behalf of firm named below.
Company Name:
Address:
City / State / Zip:
Telephone: FAX No.:
E-mail:
Print Name: Title:
Signature: Date:
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IFB #15-4110-19
Table of Contents
SECTION A ................................................................................................................................... 1
SCOPE OF WORK: .................................................................................................................................................... 4
BID SUBMITALS: ...................................................................................................................................................... 4
QUESTIONS: .............................................................................................................................................................. 5
BID OPENING: ........................................................................................................................................................... 5
LIQUIDATED DAMAGES: ....................................................................................................................................... 5
PRE-BID MEETING: ................................................................................................................................................. 5
INSTRUCTIONS: ....................................................................................................................................................... 5
AWARD: ...................................................................................................................................................................... 6
BID FORM ................................................................................................................................................................... 7
SCHEDULE OF UNIT PRICES .............................................................................................................................. 10
BID BOND ................................................................................................................................................................. 11
CONDITIONS AND INSTRUCTIONS ................................................................................................................... 12
SECTION B ................................................................................................................................. 23
PERFORMANCE BOND ......................................................................................................................................... 24
PAYMENT BOND .................................................................................................................................................... 26
AGREEMENT ........................................................................................................................................................... 28
SECTION C ................................................................................................................................. 30
GENERAL CONDITIONS ....................................................................................................................................... 31
Drawings & Technical Specifications ...................................................................................................................... 73
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IFB #15-4110-19
SCOPE OF WORK:
Contractor shall provide all labor, superintendence, materials, tools, equipment, and other ancillary items
necessary to perform the Work outlined in the Specifications and Drawings.
The Work at the Nike Park Administration Building is to include removal and disposal of the existing
modified bitumen and gravel surfaced roof systems on Roof Sections A, B and D down to the roof
deck. Removal and disposal of the asphalt shingle roof system and plywood roof deck down to the framing
on Roof Section C. Work is to include the complete removal and disposal of the existing roof membranes,
flashings, insulation, gravel, wood blocking (not shown to remain) and sheet metal flashing down to the
existing deck. The approximate roof areas are as follows:
Roof Section A - Approximately 6,130 SF (Wood Plank Deck)
Roof Section B - Approximately 2,100 SF (Wood Plank Deck)
Roof Section C - Approximately 65 SF (Plywood Deck)
Roof Section D - Approximately 65 SF (Wood Plank Deck)
Provide a new fully adhered EPDM roof membrane over a new mechanically attached gypsum substrate
board, sheet metal flashings and wood blocking as outlined in the Contract Documents for Roof Sections
A, B, C and D. Lead based paint has been identified on the existing soffit panels. Provide all necessary
utility disconnects, reconnects and utility extensions needed to complete the work. Remove the existing
fascia and soffits (2 layers) at the perimeter of the building and provide new wood fascia and blocking.
Provide new fascia wrap, frieze board wrap and aluminum soffits with insect screen as outlined in the
Contract Documents.
The Work at the Nike Park emoval and disposal of the existing modified
bitumen and gravel surfaced roof systems on Roof Section A down to the roof deck. Work is to include the
complete removal and disposal of the existing roof membranes, flashings, insulation, gravel, wood blocking
(not shown to remain) and sheet metal flashing down to the existing deck. The approximate roof area is as
follows:
Roof Section A - Approximately 4,480 SF (Wood Plank Deck)
Provide a new fully adhered EPDM roof membrane over a new mechanically attached gypsum substrate
board, sheet metal flashings and wood blocking as outlined in the Contract Documents. Provide all
necessary utility disconnects, reconnects and utility extensions needed to complete the work. Remove the
existing fascia and soffits (2 layers) at the perimeter of the building and provide new wood fascia and
blocking. Provide new fascia wrap, frieze board wrap and aluminum soffits with insect screen as outlined
in the Contract Documents. Lead based paint has been identified on the existing soffit panels.
Bids received prior to the opening time specified below shall be publicly opened and read aloud at the
specified opening time in the IOWC Department of Budget and Finance. Sealed bids, subject to the
conditions and instructions contained herein, will be accepted at:
Department of Budget and Finance
Isle of Wight County
17090 Monument Circle, Suite 137
Isle of Wight, VA 23397
BID DOCUMENTS
Bid Documents may be obtained on the Isle of Wight website under Budget and Finance:
http://www.co.isle-of-wight.va.us/budget-and-finance/
http://eva.virginia.gov/, or from the Purchasing office at: Isle of Wight County, Department of Budget and
Finance, 17090 Monument Circle, Suite 137, Isle of Wight, Virginia, 23397
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IFB #15-4110-19
QUESTIONS:
Questions concerning this project must be in writing (email) and addressed to:
vbranch@isleofwightus.net and mcoburn@isleofwightus.net and must be received no later than five (5)
business days preceding the date that the bids are accepted.
BID OPENING:
Bids shall be publicly opened and read aloud on the date that the bids are accepted. Public opening will be
held on May 7, 2015, at 3:15 PM. (local prevailing time), in the Isle of Wight Purchasing Office at: 17090
Monument Circle, Isle of Wight, Virginia 23397.
LIQUIDATED DAMAGES:
If said work is not completed within the time stated in the Notice to Proceed, the Contractor shall be liable
and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the amount of one
hundred dollars ($100.00) per calendar day for each and every part of a day thereafter that said work
remains substantially incomplete. The County reserves the right, at its sole discretion, to deduct liquidated
damages from any outstanding amount due the Contractor.
IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN
ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS
SOON AS POSSIBLE.
PRE-BID MEETING
An optional pre-bid meeting will be held on site on April 22, 2015 at 10:00AM
INSTRUCTIONS:
Bids must be submitted on the designated Bid Form, completed in ink or typed, signed by an authorized
representative, delivered in a sealed opaque envelope bearing the Bidder's name, address, project name,
acceptance date and time. Revisions, changes, and deletions contained in the bid documents must be
initialed by the Bidder. Failure to comply with this instruction may result in the bid being deemed non-
responsive. An electronic copy is requested and should be included in the sealed envelope.
Bidders should carefully examine the specifications and fully inform themselves to all conditions and
matters that could have an effect on the cost. Should a Bidder find discrepancies in or omissions from the
specifications or Invitation to Bid, or should be in doubt as to their meanings, he shall notify Procurement
personnel as noted above.
Bids shall be submitted in accordance with the attached specifications. Isle of Wight in its sole discretion,
shall determine if a vendor is qualified and acceptable.
Any bid in response to this solicitation shall be valid for ninety (90) days. At the end of ninety (90) days,
the bid may be withdrawn at the written request of the Bidder. If the bid is not withdrawn at that time, it
remains in effect until an award is made or the solicitation is canceled.
The right is reserved to revise or amend these specifications prior to the date set for receipt of bids as may
be required by the County. That date may be delayed if deemed necessary by the County. Any revisions
and/or amendments will be in the form of an addendum to this document.
The right is reserved to accept or reject any or all bids in whole or in part and to waive any informalities in
the IFB, and to enter into any contract deemed to be in the best interest of IOWC and IWCS.
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IFB #15-4110-19
No bid may be withdrawn for a period of ninety (90) days after the date of opening of bids except in
accordance with Section 2.2-4330 of the Code of Virginia, 1950, as amended. The Owner as Contracting
Authority has selected Procedure (i) of the above cited Section of the Code. The Bidder will have two
business days after the opening of bids within which to claim in writing any mistake as defined in said
Section and withdraw his bid, provided such mistake can be proved from the Contractor's Work Papers.
AWARD:
The Award will be given to the lowest responsive and responsible bidder based on the Base Bid as shown
on the Bid Form.
Bidder has examined copies of all the Bid Documents including the following Addenda:
Date Number
_____________
Bidder has made such independent investigations as Bidder deems necessary to fully inform himself as to
the conditions affecting cost and progress of performance of the Work.
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IFB #15-4110-19
BID FORM
TO: Isle of Wight County, Virginia
Director of Budget and Finance
17090 Monument Circle, Suite 137
Post Office Box 80
Isle of Wight, Virginia 23397
RE:Isle of Wight County, Virginia
IFB # 15-4110-19
Isle of Wight County
The undersigned Bidder, , offers and agrees, if this Bid is
accepted, to enter into an Agreement with the Owner in the form included in the Contract Documents to
Base Bid
complete all Work as specified or indicated in the Contract Documents for the of
($ ).
Bidder agrees to begin the Work within fifteen (15) days of Notice to Proceed and that Final Completion
shall be within ninety (90) calendar days of Notice to Proceed. In submitting this bid, Bidder represents, as
more fully set forth in the Bid Documents, that:
Bidder has examined copies of all the Bid Documents including the following Addenda:
Date Number
_____________
Bidder has examined the site and locality where the Work is to be performed, the legal requirements
(federal, State and local laws, ordinance, rules and regulations) and has made such independent
investigations as Bidder deems necessary to fully inform himself as to the conditions affecting cost and
progress of performance of the Work.
Bid shall remain valid for a minimum period of ninety (90) days after the day of Bid Opening; Bidder
agrees to disposition of Bid Security as specified in the Instruction to Bidders.
The Method of Payment is invoice processing upon presentation with Terms of Net 30 days. 5% retainage
shall apply.
Not more than fifty percent (50%) of the work shall be subcontracted and the amount of any subcontractors
proposed by the bidder in excess of ten percent (10%) of the bid price shall be identified on the Bid Form.
Subcontractor:____________________________________________________________
Subcontractor:____________________________________________________________
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IFB #15-4110-19
Bidders shall provide a list of at least three (3) references (1 each from the last 3 construction projects).
Each reference shall include the name of the organization, the complete mailing address, the name of the
contact person and telephone number.
ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE
1._____________________________________________________________________________
2._____________________________________________________________________________
3._____________________________________________________________________________
Bidder accepts all terms and conditions of the Contract Documents.
I certify by my signature below that I have received the documents associated with this Bid and understand
that the review for completeness of these documents and the understanding and comprehension of the
specifications is solely my responsibility; based on this, by my signature below, I waive all rights to future
claims against Isle of Wight County that the documents were incomplete or not understandable.
My signature below certifies that this Bid is not the result of or affected by, any act of collusion with another
person or company engaged in the same line of business or commerce, or any act of fraud punishable under
Section 18.2-498.1 et. seq. of the Code of Virginia (1950, as amended). Furthermore, I understand that
fraudulent bidding is a crime under the Virginia Governmental Frauds Act, the Virginia Government Bid
Rigging Act, the Virginia Anti-Trust Act, and federal law and can result in fines, prison sentences, and civil
damage awards.
I certify that the bidder represented herein is eligible to bid with respect to all applicable sections of State
and Local Government Conflict of Interest Act, Section 2.2-3100 et. seq. of the Code of Virginia (1950, as
amended).
I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid.
Virginia Contractor No.___________________________________________________________
Signature Date
Print __________________________________________________________________________
State Corporation Commission Identification No:
Or
Describe why the bidder is not required to be authorized by the State Corporation Commission:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
An Individual, Partnership, or Non-Incorporated Organization)
(
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IFB #15-4110-19
Type/Print
Name_________________________________________________________________
Title ________________________________________________________________________
Name of Organization __________________________________________________________
Business Address________________________________________________________________
Phone Number_____________________________ Fax No.____________________________
(A Corporation)
Corporation Name _______________________________________________________________
State of Incorporation __________________________________________________________
Person Authorized to Sign_________________________________________________________
Title ________________________________________________________________________
(Corporate Seal)
Attest (Secretary)________________________________________________________________
Business Address________________________________________________________________
Phone Number_____________________________ Fax No.____________________________
(A Joint Venture)
By (Signature) _________________________________________________________________
Type/Print Name________________________________________________________________
Title _______________________________________________________________________
Virginia Contractor No.___________________________________________________________
Business Address________________________________________________________________
Phone Number__________________________ Fax No._______________________________
By (Signature) _________________________________________________________________
Type/PrintName_________________________________________________________________
Title__________________________________________________________________________
Virginia Contractor No.___________________________________________________________
Business Address________________________________________________________________
Phone Number__________________________ Fax No._______________________________
(Each joint venture must sign. The name of signing for each individual, partnership and corporation that is a party to the joint
venture shall be in the manner indicated above.)
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IFB #15-4110-19
SCHEDULE OF UNIT PRICES
Project: Replacements
IFB # 15-4110-19 _
___________________________________________________________________________
Bid Submitted By:
___________
Unit Prices shall include the furnishing of labor, material and all incidental work called for in the Contract
Documents.
Unit Cost #1:
Deteriorated Wood Plank Deck Replacement $______________ per Board Foot Replaced
Unit Cost #2:
Deteriorated Wood Nailer/Blocking Replacement $______________ per Board Foot Replaced
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BID BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned,
as Principal, and , as Surety, are hereby held and firmly
bound unto Isle of Wight County as Owner in the penal sum of for payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.
Signed, this day of 2015. The condition of the above obligation is such that whereas
the Principal has submitted to Isle of Wight County a certain BID, attached hereto and hereby made a part
thereof to enter into an Agreement in writing, for the
Building Roof Replacements. Details shown on plans
.
NOW THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver an Agreement in
the form attached hereto (properly completed in accordance with said BID) and shall
furnish a BOND for his faithful performance of said Agreement, and for the payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
respects perform the Agreement created by the acceptance of said BID, then this obligation
shall be void; otherwise the same shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall,
in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond
shall be in no way impaired or affected by any extension of the time within which the OWNER may accept
such BID; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such
of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be
signed by their proper officers, the day and year first set forth above.
Principal
Surety
BY:________________________________________
IMPORTANT - Surety companies executing BONDS must
current list (Circular 570 as amended) and be authorized to transact business in the state where the project
is located.
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IFB #15-4110-19
CONDITIONS AND INSTRUCTIONS
Rev: 4/7/2015
Use of Form
1. : All bids shall be submitted on and in accordance with this form. If more space is
required to furnish a description of the goods and/or services bid, or delivery terms, the bidder may
attach a letter hereto that will be made a part of the bid. In case of a conflict with published
requirements, the bid may be considered non-
shall supersede any additional writings submitted with the bid. Such additional writings shall be
clearly marked and noted as an exception.
Submittals
2. : All bids shall be submitted sealed, plainly marked showing the bid number, date and
time. The entire solicitation document is to be returned when submitting a bid.
An electronic copy of your bid shall be included in the envelope. Failure to return all these pages
and/or the electronic copy shall result in a determination that the submittal is non-responsive.
Late Bids
3. : Bids and amendments thereto, if received by Purchasing after the date and time
specified for bid opening, will not be considered. It will be the responsibility of the bidder to see
that their bid is received by Purchasing as specified. There will be no exceptions. Date of postmark
will not be considered. Telephone, facsimile, electronic and verbal bids will not be accepted. Prices
or changes shown on the outside of an envelope will not be considered in determination of low bid.
County Offices Closure
4. : If County offices are closed for business at the time scheduled for the
bid opening, for whatever reasons, sealed bids will be accepted and opened on the next business
day of the County, at the original scheduled hour.
Acceptance of Bid
5. : Receipt of the bid by the County is not to be construed as an award or an order
to ship.
Offer/Acceptance
6. : Each bid is received with the understanding that the acceptance in writing by
the County of the bidder to furnish any or all of the goods and/or services described therein, shall
constitute a contract between the bidder and the County, which shall bind the bidder to furnish and
deliver the goods and/or services quoted at the prices stated and in accordance with the conditions
of the accepted bid; and the County on its part to order from such bidder, except for causes beyond
reasonable control; and pay for, at the agreed prices, all goods and/or services specified and
delivered.
Withdrawal of Bids
7. : Bidder has the right to request withdrawal of their bids from consideration
due to error by giving notice not later than two business days after the bids are publicly opened.
Work papers showing evidence of error(s) may be required.
Bids may be withdrawn any time prior to the bid opening. Withdrawal of bids may be
accomplished by submitting such request in writing on the issuing company's letterhead in
person, electronically (email) or by certified mail.
Addenda
8. : If issued, addenda to this solicitation will be posted on the Purchasing website
http://www.co.isle-of-wight.va.us/budget-and-finance/ and on http://eva.virginia.gov/. It is the
submittal deadline to ensure that the bidder has a complete, up-to-date package. Acknowledgement
of all issued Addenda shall be indicated on the bid form in the appropriate spaces.
Governing Document
9. : The solicitation document maintained by Purchasing, in the bid file, shall
be considered the official copy. In the case of any inconsistency between bid documents submitted
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to the County, but not clearly listed as an exception, the language of the official copy shall prevail.
Furthermore, any exception or change to the specifications made by the bidder may be cause to
disqualify your bid.
Award
10. : Award will be made to the lowest responsive and responsible bidder. The quality of the
goods and/or services to be supplied, their conformity with the specifications, their suitability to
the requirements, the delivery, qualifications and references will be taken into consideration in
making the award. The County reserves the right to refuse all bids. Determination of low bid shall
be determined by the audited figure shown on the pricing page titled Base Bid.
Negotiation
11. : Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall
be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available
funds, the County may negotiate with the apparent low bidder to obtain a contract price within the
available funds.
Announcements
12. : Upon the award or the announcement of the decision to award a contract, the
County will publicly post such notice on the bulletin board located outside of the Purchasing
Division and on thttp://www.co.isle-of-wight.va.us/budget-and-finance/
13. : The County reserves the right to reject any and all bids, and to waive any
informality if it is determined to be in the best interest of the County.
Cooperative Agreements
14. : If authorized by the bidder(s), the resultant contract(s) may be extended
to any jurisdiction within the Commonwealth of Virginia to purchase at the contract prices in
accordance with the contract terms. Any jurisdiction using such contracts shall place its own
order(s) directly with the successful contractor(s). The County of Isle of Wight acts only as the
contracting agent and is not responsible for placement of orders, payment, or discrepancies of the
availability of contract(s).
Prices
15. : Prices shall be stated in units of quantity specified. No additional charges shall be passed
on to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the
final cost to the County. In case of error in the extension of prices, the unit price shall govern.
Corrections
16. : All prices and notations should be in ink or typewritten. Mistakes may be crossed out
and corrections made in ink and must be initialed and dated by the person signing the bid.
Delivery
17. : The time of delivery must be stated in definite terms. If time of delivery for different
goods and/or services varies, the bidder shall so state.
Samples
18. : Samples, when requested, must be furnished free of expense, and upon request, if not
destroyed, will b
Brand Names
19. : The use of the name of a manufacturer, brand, make or catalog designation in
specifying an item shall restrict bidders to the manufacturer, brand, make or catalog designation
identified, unless qu
Brand Names are used simply to indicate the character, quality and/or performance equivalence of
the goods and/or services desired. The goods and/or services on which bids are submitted must be
of such character, quality and/or performance equivalence that it will serve as that specified. In
submitting bids on goods and/or services other than as specified, bidder shall furnish complete data
and identification with respect to the alternate goods and/or services that they propose to furnish.
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acceptable.
Standard equipment
20. : Any equipment delivered must be standard, new and unused equipment,
latest model, except as otherwise specifically stated in the bid. Where any part or the normal
accessories of equipment is not described, it shall be understood that all the equipment and
s stock model shall be furnished.
Silence of Specifications
21. : The apparent silence of these specifications and any supplemental
specifications as to any detail or the omission from the specifications of a detailed description
concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail and correct type, size and design are to be used. All interpretations of these specifications
shall be made on the basis of this statement.
Capacity of Bidder
22. : All bids must be signed by a responsible officer or employee having the
authority to bind the firm in contract. The bidder agrees that its contract performance shall be in
strict conformance with the contract documents.
Rights to Damages
23. : By signing this bid, the bidder assigns to the County any and all rights that it
may have under the antitrust laws of the United States and the Commonwealth of Virginia in any
way arising from or pertaining to this bid. This provision is remedial in nature and is to be liberally
construed by any court in favor of the County.
Anti-collusion
24. : The bidder certifies by signing this Invitation of Bid that this bid is made without
prior understanding, agreement, or accord with any other person or firm submitting a bid for the
same goods and/or services and that this bid is in all respects bona fide, fair, and not the result of
any act of fraud or collusion with another person or firm engaged in the same line of business or
commerce. Any false statement hereunder may constitute a felony and can result in a fine and
imprisonment, as well as civil damages.
Indemnification
25.
employees, agents, and volunteers, harmless, from and against any and all damage claim, liability,
ts) of every kind and
nature (including, without limitation, those arising from any injury or damage to any person,
property or business) incurred by or claimed against the contractor, its employees, agents, and
volunteers, or incurred by or claimed agains
volunteers, arising out of, or in connection with, the performance of all services hereunder by the
contractor. This indemnification and hold harmless includes, but is not limited to, any financial or
other loss including, but not limited to, any adverse regulatory, agency or administrative sanction
or civil penalties, incurred by the County due to the negligent, fraudulent or criminal acts of the
employees, agents, contractors,
subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise
provided by law, the Contractor indemnification obligations hereunder shall not be limited in any
way by the amount or type of damages, compensation, or benefits payable by or for the Contractor
payable under any insurance policy. This paragraph shall survive the termination of the contract
including any renewal or extension thereof.
Copyright Protection
26. : The Contractor agrees to defend and save the County, its agents, officials,
and employees, harmless from liability of any nature or kind, for use of any copyright, composition,
secret process, patented or unpatented invention, articles or appliances furnished or used in the
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performance of the contract, or which the Contractor is not the patentee, assignee, or licensee, to
the same extent as provided in the above paragraph.
Laws, Regulations
27. : The Contractor shall keep fully informed of all federal, state, and local laws,
ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall
at all times observe and comply with all such laws, ordinances and regulations.
Alien employment
28. : The Contractor certifies that he does not and shall not during the performance
of the contract for goods and services in the Commonwealth, knowingly employ unauthorized
aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended.
SCC Authorization
29. : All bidders or offerors organized or authorized to transact business in the
Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall include the identification
number issued to it by the State Corporation Commission. Any bidder or offeror that is not required
to be authorized to transact business in the Commonwealth as a foreign business entity under Title
13.1 or Title 50, as amended, or as otherwise required by law shall include in its bid or proposal a
statement describing why the bidder or offeror is not required to be so authorized.
SCC Number or Statement:
_______________________________________________
Any business entity that enters into a contract with a public body pursuant to this chapter shall not
allow its existence to lapse or its certificate of authority or registration to transact business in the
Commonwealth, if so required under Title 13.1, or Title 50, as amended, to be revoked or
cancelled at any time during the term of the contract. The County may void any contract with a
business entity if the business entity fails to remain in compliance with the provisions of this
section.
30. : If any of the services promulgated under this solicitation consist of
construction work, it is required under Title 54.1, Chapter 11, Code of Virginia, for a contractor
who performs or manages construction, removal, repair, or improvement when the total value
referred to in a single contract or project is:
One hundred twenty thousand dollars ($120,000) or more, or the total value of all such
construction, removal, repair or improvements undertaken by such person within any twelve-
month period is seven hundred fifty thousand dollars ($ 750,000) or more shall show evidence of
being licensed as a Class A Contractor.
Ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars
($120,000) or the total value of all such construction, removal, repair, or improvement undertaken
by such person within any twelve-month period is one hundred and fifty thousand dollars
($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000) shall show
evidence of being licensed as a Class B Contractor.
Over one thousand ($1,000) but less than ten thousand ($10,000), or the total value of all such
construction, removal, repair, or improvements undertaken by such person within any twelve-
month period is one hundred and fifty thousand dollars ($150,000) shall show evidence of being
licensed as a Class C Contractor.
The County shall require master certification as a condition of licensure or certification of
electrical, plumbing and heating, ventilation and air conditions contractors.
A valid business license from the County may be required. The bidder shall complete whichever
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IFB #15-4110-19
of the following notations as appropriate:
Licensed Class A Virginia Contractor Number
Licensed Class B Virginia Contractor Number
Licensed Class C Virginia Contractor Number
Payment Terms
31.
approval by the County.
Payment terms, if offered, shall not be considered in determining the low bidder.
Discount period, if offered, shall be computed from the date of proper
correct invoice, or from the date of acceptable receipt of the goods and/or services, whichever is
latest.
this requirement shall result in the invoice being returned to the contractor for correction.
Late payment charges shall not exceed the allowable rate specified by the Commonwealth of
Virginia Prompt Payment Act. (1% per month)
Contractor shall submit invoices in duplicate, such statement to include detailed breakdown of all
charges, and shall be based on completion of tasks or deliverables.
Individual Contractors shall provide their social security numbers, and proprietorships,
partnerships, and corporations shall provide their federal employer identification number on their
submittal.
faster payments to the Contractor. Are you willing and able to accept this type of payment?
YesNo
____ ____
Default
32. : In event of default by the Contractor, the County reserves the right to procure the goods
and/or services from other sources, and hold the Contractor liable for any excess cost occasioned
thereby. Such actions taken by the County shall not release the contractor from additional remedies
that may be allowed by law.
Availability of Funds
33. : A contract shall be deemed in force only to the extent of appropriations
obligations on those contracts that envision extended funding through successive fiscal periods
shall be contingent upon actual appropriations for the following years.
Appeals Procedure
34. : Upon your request, administrative appeals information will be provided that
shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow
withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or
determination of non-responsibility and appeals from decision or disputes arising during the
performance of a contract. To be timely all appeals shall be made within the time periods set forth
by the Virginia Public Procurement Act, §2.2-4357, et seq. Contact the buyer at once for assistance.
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IFB #15-4110-19
Faith-based Organizations
35. : The County of Isle of Wight does not discriminate against faith-based
organizations.
Anti-Discrimination
36. : By submitting their bids, bidders certify to the County 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 shall include the following provisions:
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, service disabled
veterans 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 Section a, b, and c above in every subcontract
or purchase order over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
Drug-Free Workplace
37. : During the performance of this contract, the Contractor agrees to (1)
provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place,
available to employees and applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance
or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be
taken against employees for violations of such prohibition; (3) state in all solicitation or
advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains
a drug-free workplace; and (4) 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.
For the purposes of this section, "drug-free workplace" means a site for the performance of work
done in connection with a specific contract awarded to a Contractor, the employees of whom are
prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession
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IFB #15-4110-19
or use of any controlled substance or marijuana during the performance of the contract.
Assignment of Contract
38. : A contract shall not be assignable by the Contractor in whole or in part
without the written consent of the County.
Independent Contractor
39. : The Contractor and any employees, agents, or other persons or entities
acting on behalf of the Contractor shall act in an independent capacity and not as officers,
employees, or agents of the County.
Scheduling and Delays
40. : The parties to any contract resultant of this solicitation acknowledge that
all or part of the work to be performed hereunder may be delayed and extended at the option of the
County. Such delays may be caused by delays, denials and modifications of the various state or
direct or indirect costs, or claims for compensation, extended overhead, or other damage or
consequential damages arising out of or related to any delays or interruptions required or ordered
by the County. If the County delays the project for any reason for a continuous period of ninety
(90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the
an unreasonable delay is caused by the act or omissions of the County due to causes within the
Governing Law
41. : This Agreement is made, entered into, and shall be performed in the County of
Isle of Wight, Virginia, and shall be governed by the applicable laws of the Commonwealth of
Virginia without regard to its conflict of law rules. In the event of litigation concerning this
Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of the
County of Isle of Wight, Virginia; however, in the event that the federal court has jurisdiction over
the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court
for the Eastern District of Virginia, Norfolk Division.
The Contractor shall not cause a delay in services because of the pending or during litigation
proceedings, except with the express, written consent of the County or written instruction/order
from the Court.
Severability
42. : If any provision of this contract or the application thereof to any person or
circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the
application of such provision to persons or circumstances other than those which it is invalid or
unenforceable, shall not be affected hereby, and each provision of this contract shall be valid and
enforced to the full extent permitted by law.
Termination for Convenience
43. : The County may at any time, and for any reason, terminate this
Contract by written notice to Contractor specifying the termination date, which shall be not less
than thirty (30) days from the date such notice is mailed.
Notice shall be given to Contractor by certified mail/return receipt requested at the address set
Contract. In the event of such
termination, Contractor shall be paid such amount as shall compensate Contractor for the work
satisfactorily completed, and accepted by the County, at the time of termination. If the County
terminates this Contract, Contractor shall withdraw its personnel and equipment, cease
performance of any further work under this Contract, and turn over to the County any work
completed or in process for which payment has been made.
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IFB #15-4110-19
Termination for Cause
44. : In the event that Contractor shall for any reason or through any cause be
in default of the terms of this Contract, the County may give Contractor written notice of such
Bid/Proposal or as provided in this Contract.
Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is
mailed in which to cure the default. Upon failure of Contractor to cure the default, the County
may immediately cancel and terminate this Contract as of the mailing date of the default notice.
Upon termination, Contractor shall withdraw its personnel and equipment, cease performance of
any further work under the Contract, and turn over to the County any work in process for which
payment has been made. In the event of violations of law, safety or health standards and
regulations, this Contract may be immediately cancelled and terminated by the County and
provisions herein with respect to opportunity to cure default shall not be applicable.
Contact ProhibitionDirect contact with County departments other than Purchasing, on the
45. :
subject of this bid is expressly forbidden except with the foreknowledge and permission of
the Contract Officer. Violation may result in a determination that your firm is ineligible for
an award.
All questions shall be in writing to the Contract Officer shown on the title page of the bid. The
respondents to this IFB shall not contact, either directly or indirectly, any other employee or agent
of the County regarding this IFB. This prohibition shall also extend to the County Board of
Supervisors and locally elected officials. Any such unauthorized contact may disqualify the
bidder from this procurement.
Additional Conditions
46. : The Conditions and Instructions in this solicitation are intended to apply
to the resulting contract and shall supersede any conflicting terms offered. Any additional
conditions a bidder intends be considered must be submitted with the bid and noted as an exception.
Such exceptions may result in a -
possibility of an award to that bidder. Contractual documents submitted by the successful firm after
an award will not be accepted.
Contractor Failure to Perform
47. : Failure of the Contractor to perform the contract by reason of the
-acceptance of additional conditions submitted after the award shall result in
termination of the contract by the County, and may result in debarment of the Contractor for a
period of up to three (3) years. Termination and /or debarment of the Contractor shall not constitute
a waiver by the County of any other rights or remedies available to the County by law or contract.
Conflict
48. : In the event of a conflict between the contract documents, including these Conditions and
Instructions, and the terms of a purchase order or related document issued by Purchasing, the
contract documents shall control.
Records and Inspection
49. : The Contractor shall maintain full and accurate records with respect to
all matters covered under this contract, including, without limitation, accounting records, written
policies, procedures, time records, telephone records, and any other supporting evidence used to
memorialize, reflect, and substantiate charges or fees related to
records shall be open to inspection and subject to audit and/or reproduction, during normal working
hours, by the County and its employees, agents or authorized representatives after giving at least
the Contractor by the County. The County shall have access to such records
from the effective date of this contract, for the duration of the contract, and for five (5) years after
the date of final payment by the County to the Contractor pursuant to this contract or any renewal
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IFB #15-4110-19
provided adequate and appropriate work space, in order to conduct audits.
Rights and Remedies Not Waived
50. : In no event shall the making by the County of any payment
to the Contractor, or the waiver by the County of any provision under this contract including any
obligation of the Contractor, constitute or be construed as a waiver by the County of any other
provision, obligation, breach of covenant, or any default which may exist under this contract on the
part of the Contractor, and the making of any such payment by the County while any such breach
or default exists shall not impair or prejudice any right or remedies available to the County.
Entire Agreement
51. : This contract and any additional or supplementary documents incorporated
herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no
other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof
shall have any validity or bind any of the parties hereto. This contract shall not be modified, altered,
changed or amended unless in writing and signed by the parties hereto.
Conflicts of Interests
52. : Contractor shall not accept or receive commissions or other payments from
third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the County.
Responsibility of Contractor
53. : The Contractor shall, without additional costs or fee to the County,
approval or acceptance of, nor payment for any of the services required under this Agreement shall
be deemed a waiver of rights by the County, and the Contractor shall remain liable to the County
of any of the services furnished under this Agreement.
Changes and Additions
54. : It shall be the responsibility of the Contractor to notify the County, in
writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation
for changes or additions in the Scope of this Agreement will be negotiated and approved by the
County, in writing.
It is understood and agreed to by both the County and the Contractor that such modifications or
Agreement change order form. Furthermore, it is understood and agreed by both parties that any
work done by the Contractor on such modification or addition to this Agreement prior to the
at the total risk of the
Contractor and said work may not be compensated by the County.
Debarment Status
55. : By submitting a bid, bidders certify that they are not currently debarred by the
Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods
and/or services covered by this solicitation, nor are they an agent of any person or entity that is
currently so debarred.
Safety
56. : All Contractors and subcontractors performing services for the County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County
Safety and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be held responsible for the safety of their employees and any
unsafe acts or conditions that may cause injury or damage to any persons or property within and
around the work site area under this contract.
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IFB #15-4110-19
License Requirement
57. : All firms doing business in the County of Isle of Wight are required to be
licensed in accordance with the County of Isle of Wight business license ordinance. Wholesale and
retail merchants without a business location in the County of Isle of Wight are exempt from this
requirement. Any questions concerning business licenses should be directed to the Commissioner
58. : In cases where
accepted by the County, and in consideration of the convenience of using that form, and this form,
without the necessity of negotiating a separate contract document, the parties hereto specifically
event of a conflict.
Bidder Qualifications
59. : Only bids from established contractors for work similar in scope to work
herein shall be considered; the County reserves the right to request specific reference information
prior to award. Bidder shall demonstrate that he has adequate and appropriate manpower, tools and
equipment to respond and perform in accordance with the provisions herein.
The County may, at its option, disqualify a bidder and reject his bid for cause. Reasons deemed to
be sufficient for this action shall include, but not be limited to, the following:
Evidence of collusion among bidders.
o
Receipt of more than one bid on any project from an individual, or from a corporation.
o
This restriction does not apply to subcontractors
Default on any previous contract.
o
For unreasonable failure to complete a previous contract within the specified time or for
o
being in arrears on an existing contract without reasonable cause for being in arrears.
Inability to perform as revealed by an investigation of the Bidder's financial statement,
o
experience and/or plant and equipment.
Contractor does not meet project-specific requirements, as identified in the Contract
o
Documents
Pricing to be F.O.B. Destination Freight Allowed:
60. Pricing shall be F.O.B. destination-freight
included for all competitive bids. F.O.B. Destination-Freight Included shall include all shipping
costs to the County location(s) at the unit cost. No additional shipping charges shall be allowed.
Contract Quantities
61. : The quantities specified in the Invitation for Bid are estimates only unless
otherwise clearly noted, and are given for the information of bidders and for the purpose of bid
evaluation. They do not indicate the actual quantity that will be required, since such volume will
depend upon requirements that may develop during the contract period. Quantities shown shall not
be construed to represent any amount which the County shall be obligated to purchase under the
contract, or relieve the Contractor of his obligation to fill all orders placed by the County, except
as clearly noted.
Competition Intended
62.
language
requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the
requirements stated in this IFB to a single source. Such notification must be received by the
Contract Officer prior to the date set for bids to close.
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IFB #15-4110-19
Default on Taxes:
63. No bid or proposal will be accepted from, or any Contract awarded to,
any person, firm, or corporation that is in arrears, or in default to the County upon any debt or
Contract, or that is a defaulter as surety, or otherwise upon any obligation to the County.
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IFB #15-4110-19
(To be filled out and returned by Successful Bidder)
I-23
PERFORMANCE BOND
(CONTRACT DOCUMENT TO BE COMPLETED AT TIME OF AWARD)
Bond No.______________________
Amount: $_____________________
KNOW ALL PERSONS BY THESE PRESENTS, that
_________________________________________________of , hereinafter called the Contractor
and _________________________ a corporation duly organized and existing under and by virtue of the laws of the
State of _______________, hereinafter called the Surety, and authorized to transact business within the
Commonwealth of Virginia as the Surety, are held and firmly bound unto Isle of Wight County, Virginia as Owner,
in the sum of _________________________________________dollars ($__________), lawful money of the United
States of America, for payment of which, well and truly be made to the Owner, the Contractor and the Surety bind
themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, the Contractor has executed and entered into a certain Agreement, hereto attached, with the
Owner dated ___________________, 2015, for the
Building Roof Replacements, IFB# 15-4110-19.
NOW THEREFORE, if the Contractor, and its successors and assigns, shall at all times duly, promptly,
and faithfully perform the Work and any alteration in or addition to the obligations of the Contractor
arising there under, including the matter of infringement, if any, of patents or other proprietary rights, and
shall assure all guarantees against defective workmanship and materials, including the guarantee period
following final completion by the Contractor and final acceptance by the Owner and comply with all the
covenants therein contained in the Specifications, Drawings, and other Contract Documents required to be
performed by the Contractor, in the manner and within the times provided in the Agreement, and shall
fully indemnify and save harmless the Owner from all costs and damage which it may suffer by reason or
failure to do so, and shall fully reimburse and repay it all outlay and expenses which it may incur in
making good any default, and reasonable counsel fees incurred in the prosecution of or defense of any
action arising out of or in connection with any such default, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that the Surety, for value received, for itself and its successors and assigns,
hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the
Contract Documents or to the Work to be performed there under, or payment there under before the time
required therein, or waiver of any provision thereof, or assignment, subletting or transfer thereof or any
part thereof, shall in any way affect its obligation on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration, addition to the terms of the Contract Documents or any such
payment, waiver, assignment, subcontract or transfer.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Whenever Contractor shall be declared by Owner to be in default under the Contract, the Owner having
under, the Owner shall have the right, at its option, to require the
Surety to promptly proceed to remedy the default within 30 days of notice by proceeding or procuring
others to proceed with completing the Agreement with its terms and conditions; and all reserves, deferred
payments, and other funds provided by the Agreement to be paid to Contractor shall be paid to Surety at
I-24
the same times and under the same conditions as by the terms of that Agreement such fund would have
been paid to Contractor had the Agreement been performed by Contractor; and Surety shall be entitled to
such funds in preference to any assignee of Principal of any adverse claimant. Notwithstanding the above,
the Owner shall have the right, with the approval of the Surety which shall not be unreasonably withheld,
to take over and assume completion of the Agreement and be promptly paid in cash by the Surety for the
cost of such completion less the balance of the Contract price.
IN WITNESS WHEREOF, all above parties bounded together have executed this instrument this ____
day of ______________, 2015, the name and corporate seal of each corporate party being hereto affixed
and those presents duly signed by its undersigned representative, pursuant to authority of its governing
body.
CONTRACTOR
________________________________
By:_________________________(Seal)
Name:________________________
Title: _________________________
____________________________
Attest
SURETY
_______________________________
By:_________________________(Seal)
________________________
Attest
APPROVED AS TO FORM: ____________________, 2015
__________________________________________________________
Mark Popovich, County Attorney
NOTE: Date of Bond shall not be prior to the date of the Agreement. If the Contractor is a partnership, all
partners shall execute the Bond.
IMPORTANT: The Surety named on this Bond shall be one who is licensed to conduct business in the
Commonwealth of Virginia, and named in the current list of Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in
Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent shall be accompanied by a certified copy of the authority to act for the Surety at the
time of signing of this Bond.
I-25
PAYMENT BOND
(CONTRACT DOCUMENT TO BE COMPLETED AT TIME OF AWARD)
Bond No. _________________
Amount: __________________
KNOW ALL PERSONS BY THESE PRESENTS, that _________________________________
of _______________________ hereinafter called the Contractor and ____________________, a
corporation duly organized and existing under and by virtue of the laws of the State
_________________________, Virginia as the Surety, are held and firmly bound unto Isle of Wight
County, Virginia as Owner, in the sum of _________________________________ dollars
($_____________), lawful money of the United States of America, for payment of which, well and truly
be made to the Owner, the Contractor and the Surety bind themselves and each of their heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, the Contractor has executed and entered into a certain Agreement, hereto attached, with the
Owner dated _______________, 2015, for the
Roof Replacements, IFB# 15-411-19. The work is to include the removal and dispose of the existing single
ply EPDM roof systems from Roof Sections A, B and C. The approximate square footage of each roof
section is as follow: Roof Section A - Approximately 1,400 SF (Metal Deck); Roof Section B -
Approximately 1,800 SF (Wood Plank Deck); Roof Section C - Approximately 1,400 SF (Wood Plank
Deck). The work is also to include the installation of a new white fleece backed PVC membrane roofing
system with polyisocyanurate insulation, cover board, sheet metal flashings and wood blocking as outlined
in the Specifications and Drawings for Roof Sections A, B and C, the installation of a new skylight over
Roof Section B and the removal and replacement of the second floor windows on the north building
elevation below Roof Section C. Details shown on plans..
NOW THEREFORE, if the Contractor shall promptly make payments to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work provided for
in the Agreement, and any authorized extension or modification thereof, including all amounts due for
materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools consumed, used or rented in
connection with the construction of the Work, and all insurance premiums on the Work, and for all labor
performed in the Work, whether by Subcontractor or otherwise, then this obligation shall be void, otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that the Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the Contract Documents or to the Work to be
performed there under, shall in any way affect its obligation on this Bond, and it does hereby waive notice
of any such change, extension of time, alteration, or addition to the terms of the Contract Documents.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, all above parties bounded together have executed this instrument this ______
day of __________, 2015, the name and corporate seal of each corporate party being hereto affixed and
those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
I-26
CONTRACTOR
By: ______________________________ (Seal)
Name: ______________________________
Title: _______________________________
_______________________________
Attest
SURETY
____________________________________
By: _________________________________
_______________________________
Attest
APPROVED AS TO FORM: _____________________, 2015
_________________________________________________________
Mark Popovich, County Attorney
NOTE: Date of Bond shall not be prior to the date of the Agreement. If the Contractor is a partnership, all
partners shall execute the Bond.
IMPORTANT: The Surety named on this Bond shall be one who is licensed to conduct business in the
Commonwealth of Virginia, and named in the current list of Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular
570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an
agent shall be accompanied by a certified copy of the authority to act for the Surety at the time of signing
of this Bond.
I-27
AGREEMENT
THIS AGREEMENT, made and entered into this day of _____________, 2015, by and between the
COUNTY OF ISLE OF WIGHT, VIRGINIA, whose principal office is 17090 Monument Circle, Suite 137,
Isle of Wight, Virginia 23397, hereinafter called "OWNER", party of the first part, and
___________________________________________________________________________hereinafter
referred to as "CONTRACTOR", party of the second part.
The CONTRACTOR did, on the ____ day of ____________ 2015, submit a sealed bid to perform the
services stipulated in accordance with plans and specifications prepared by the OWNER entitled
_____________________________________________________________________________________
_______________________________which by reference is made a part hereof.
It is mutually understood and agreed by the parties hereto that the Invitation to Bid inviting Contractors to
bid as published, Instructions to Bidder, Schedule of Unit Prices, Bid Form, Bid Bond, Contract Agreement,
Hold Harmless Agreement, Certificate of Insurance, Scope of Services and Drawings, all proceedings by
the governing body of the OWNER pertaining to the subject matter of this Contract, all of which documents
are hereinafter referred to as Contract Documents and are a part of this Contract by reference the same as
if each had been fully set out and attached hereto.
In consideration of the following mutual agreements and covenants to be kept by each party:
a. The CONTRACTOR agrees to furnish and pay for all labor, tools, equipment, machinery,
supplies, facilities, superintendence, insurance, taxes, utilities and services necessary to
perform all items set forth in the written Contract Documents hereto attached and made a
part hereof in strict compliance with the Contract Documents and Base Bid for a sum of
_______________
documents.
b. Invoice payments for work completed under this contract shall be made in strict accordance
with the project specifications and any special conditions attached thereto.
c. It is understood and agreed that all work shall be accomplished in strict compliance with
the provisions of the Contract Documents. It is understood and agreed by both the County
and the Contractor that any modifications or additions to this agreement shall be made only
by the full execution of the County's standard contract change order form. Furthermore, it
is understood and agreed by both parties that any work done by the CONTRACTOR on
any such modification or addition to this AGREEMENT prior to the County's execution of
its standard Contract Change Order form shall be at the total risk of the CONTRACTOR
and said work shall not be compensated by the County.
d. CONTRACTOR agrees to begin the work within fifteen (15) days of Notice to Proceed
and that final completion shall be within ninety (90) calendar days of Notice to Proceed.
e. The parties agree that damages due to delay in completion of the work are uncertain and
not readily capable of ascertainment. Accordingly, if the CONTRACTOR shall fail to
complete the work or any part thereof within the time stipulated, or an applicable extension
thereof, the CONTRACTOR shall pay to the OWNER as fixed and agreed, liquidated
I-28
damages for each calendar day of delay until the delayed work is corrected or accepted, an
amount of $100 per day. The parties agree that this sum is proportionate to the probable
loss and is not a penalty.
(a) The CONTRACTOR expressly waives any defense as to the validity of any liquidated
damages stated in this Agreement as they may appear on the grounds that such
liquidated damages are void as penalties or are not reasonably related to actual
damages.
IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and
year first above written.
OWNER: Isle of Wight County, Virginia
By: _______________________________
H. Anne Seward, County Administrator
CONTRACTOR:.
By: _______________________________
ATTEST:
By: ____________________
Title: ___________________
Approved as to form:
______________________________
Mark C. Popovich, Isle of Wight County Attorney
I-29
(Drawings and Technical Specifications)
I-30
GENERAL CONDITIONS
ARTICLE 1 DEFINITION OF TERMS GC - 3
ARTICLE 2 EXECUTION, CORRELATION, INTENT GC - 6
ARTICLE 3 CONTRACTOR'S UNDERSTANDING GC - 6
ARTICLE 4 CONSTRUCTION STANDARDS GC - 7
ARTICLE 5 DETAILED DRAWINGS AND INSTRUCTIONS GC - 7
ARTICLE 6 SHOP DRAWINGS GC - 8
ARTICLE 7 DISCREPANCIES GC - 10
ARTICLE 8 COPIES OF DRAWINGS FURNISHED GC - 10
ARTICLE 9 OWNERSHIP OF DRAWINGS GC - 10
GC - 11
ARTICLE 10 DRAWINGS AND SPECIFICATIONS
ARTICLE 11 PROGRESS OF THE WORK GC - 11
ARTICLE 12 ORDER OF COMPLETION GC - 11
ARTICLE 13 SUPERINTENDENCE, SUPERVISION GC - 11
ARTICLE 14 MATERIALS, APPLIANCES, EMPLOYEES GC - 12
ARTICLE 15 ROYALTIES AND PATENTS GC - 13
ARTICLE 16 SURVEYS, PERMITS, AND REGULATIONS GC - 13
ARTICLE 17 POINTS AND INSTRUCTIONS GC - 14
ARTICLE 18 EXISTING STRUCTURES GC - 14
ARTICLE 19 CARE OF EXISTING STRUCTURES GC - 15
ARTICLE 20 PROTECTION OF WORK AND PROPERTY GC - 15
ARTICLE 21 PROJECT COORDINATION GC - 16
ARTICLE 22 INSPECTION OF SITE AND WORK GC - 17
ARTICLE 23 ENGINEER'S/OWNER'S STATUS GC - 18
ARTICLE 24 CORRECTION OF WORK BEFORE FINAL PAY GC - 18
ARTICLE 25 SUSPENSION OF WORK GC - 19
ARTICLE 26 CHANGED CONDITIONS GC - 19
ARTICLE 27 CHANGE OF PLANS GC - 20
ARTICLE 28 ENGINEER'S/OWNER'S DECISIONS GC - 20
ARTICLE 29 CLEANING UP AND RESTORATION OF SITE GC - 20
ARTICLE 30 FINAL INSPECTION GC - 21
ARTICLE 31 GUARANTEE OF WORK GC - 21
ARTICLE 32 STATUTE OF LIMITATIONS GC - 22
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ARTICLE 33 USE OF COMPLETED PORTIONS GC - 22
ARTICLE 34 SUBMISSION OF DAILY PERFORMANCE RECORD GC - 23
ARTICLE 35 RECORD DOCUMENTS GC - 23
ARTICLE 36 PARTIAL PAYMENTS GC - 25
ARTICLE 37 ESCROW ACCOUNT PROCEDURE GC - 25
ARTICLE 38 METHOD OF MEASUREMENT GC - 26
ARTICLE 39 BASIS OF PAYMENT GC - 26
ARTICLE 40 INCREASED OR DECREASED QUANTITIES GC - 26
ARTICLE 41 EXTRA WORK AND METHOD OF PAYMENT GC - 26
ARTICLE 42 WORK OUTSIDE REGULAR HOURS GC - 30
ARTICLE 43 DEDUCTIONS FOR UNCORRECTED WORK GC - 30
ARTICLE 44 LIQUIDATED DAMAGES FOR DELAY GC - 30
ARTICLE 45 DAMAGES GC - 32
ARTICLE 46 LIENS GC - 32
ARTICLE 47 PAYMENTS WITHHELD GC - 32
ARTICLE 48 THE OWNER'S RIGHT TO DO WORK GC - 34
ARTICLE 49 THE OWNER'S RIGHT TO TERMINATE GC - 34
ARTICLE 50 CONTRACTOR'S RIGHT TO STOP/TERMINATE GC - 35
ARTICLE 51 REMOVAL OF MATERIALS AND EQUIPMENT GC - 35
ARTICLE 52 ASSIGNMENT GC - 35
ARTICLE 53 RIGHTS OF VARIOUS INTEREST GC - 35
ARTICLE 54 SEPARATE CONTRACTS GC - 36
ARTICLE 55 SUBCONTRACTS GC - 36
ARTICLE 56 EMPLOYMENT DISCRIMINATION PROHIBITED GC - 37
ARTICLE 57 DRUG FREE WORKPLACE GC - 38
ARTICLE 58 INSURANCE GC - 39
ARTICLE 59 PERFORMANCE AND LABOR/MATERIAL BONDS GC - 42
ARTICLE 60 CONTRACTUAL CLAIMS GC - 42
ARTICLE 61 LITIGATION GC - 43
ARTICLE 62 NON-APPROPRIATION GC - 43
ARTICLE 63 SEVERABILITY GC - 44
ARTICLE 64 AGREEMENT CONSTRUED VIRGINIA LAWS GC - 44
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GENERAL CONDITIONS
ARTICLE 1. DEFINITION OF TERMS
CONTRACT DOCUMENTS
(A) THE "" SHALL CONSIST OF INVITATION TO BID,
INSTRUCTIONS TO BIDDERS, BID CONTRACT AGREEMENT, PERFORMANCE
BOND, PAYMENT BOND, CONTRACTOR'S CERTIFICATE OF INSURANCE AND
ENDORSEMENTS, GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS,
SPECIFICATION SECTIONS, CONSTRUCTION DETAILS, ADDENDA, THE
DRAWINGS, NOTICE OF AWARD, NOTICE TO PROCEED, INCLUDING ALL
MODIFICATIONS THERETO INCORPORATED IN ANY OF THE DOCUMENTS
BEFORE AND AFTER EXECUTION OF THE AGREEMENT.
OWNER
(B) THE WORD "" IS USED TO DESIGNATE THE DULY CONSTITUTED
GOVERNMENT OF ISLE OF WIGHT COUNTY, VIRGINIA, ACTING THROUGH
THE PROPERLY AUTHORIZED REPRESENTATIVES.
ENGINEER
(C) THE WORD "" SHALL MEAN THE ENGINEER DESIGNATED BY THE
OWNER, WHETHER ACTING DIRECTLY OR THROUGH PROPERLY
AUTHORIZED AGENTS, INSPECTORS OR REPRESENTATIVES OF THE
ENGINEER, ACTING WITHIN THE SCOPE OF DUTIES ENTRUSTED TO THEM.
IN THE EVENT THE OWNER SHOULD NOT REQUIRE THE SERVICES OF THE
ENGINEER FOR CONTRACT ADMINISTRATION OR INSPECTIONS, THEN THE
POWERS, DUTIES, AND RESPONSIBILITIES CONFERRED HEREIN TO THE
ENGINEER SHALL BE CONSTRUED TO BE THOSE OF THE OWNER.
BIDDER
(D) THE WORD "" SHALL BE USED TO DESIGNATE ANY PARTY OR
PARTIES SUBMITTING IN PROPER FORM A BID TO PERFORM THE WORK
HEREINAFTER SPECIFIED. THE SUCCESSFUL BIDDER, SELECTED BY THE
OWNER TO PERFORM THE WORK SPECIFIED, WILL THEREAFTER BE KNOWN
AS THE CONTRACTOR.
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CONTRACTOR
(E) THE WORD "" IS USED TO DESIGNATE THE PARTY OR
PARTIES CONTRACTING TO PERFORM THE WORK OR HIS OR THEIR HEIRS,
EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS.
SUPERINTENDENT
(F) THE WORD "" SHALL BE USED TO DESIGNATE THE
PERSON APPOINTED BY THE CONTRACTOR, ACTING UNDER HIS
INSTRUCTIONS AND IN DIRECT CHARGE OF THE WORK FOR THE
CONTRACTOR.
SUBCONTRACTOR
(G) THE TERM "" SHALL MEAN ANY INDIVIDUAL, FIRM OR
CORPORATION HAVING A DIRECT CONTRACT, WITH THE CONTRACTOR OR
WITH ANY OTHER SUBCONTRACTOR FOR PERFORMANCE OF ANY PART OF
THE WORK.
WORK
(H) THE TERM "" SHALL INCLUDE LABOR, MATERIALS, EQUIPMENT,
TRANSPORTATION, SUPERVISION, OR OTHER FACILITIES, DUTIES, OR
INCIDENTALS NECESSARY TO COMPLETE THE PROJECT IN COMPLIANCE
WITH THE TERMS OF THE CONTRACT DOCUMENTS.
PROJECT
(I) THE WORD "" SHALL MEAN THE ENTIRE CONSTRUCTION TO BE
PERFORMED AS PROVIDED IN THE CONTRACT DOCUMENTS.
PROJECT AREA
(J) "" SHALL MEAN THE AREA WHERE WORK IS BEING
PERFORMED FOR ISLE OF WIGHT COUNTY, VIRGINIA.
WRITTEN NOTICE
(K) "" SHALL BE DEEMED TO HAVE BEEN DULY SERVED IF
DELIVERED IN PERSON TO THE INDIVIDUAL OR TO A MEMBER OF THE FIRM
OR TO AN OFFICER OF THE CORPORATION FOR WHOM IT IS INTENDED, OR
IF DELIVERED AT OR SENT BY REGISTERED MAIL TO THE LAST BUSINESS
ADDRESS KNOWN TO HIM WHO GIVES THE NOTICE.
AS DIRECTEDAS REQUIREDAS PERMITTED"AS
(L) THE WORDS "," "," ","
ALLOWED
," OR PHRASES OF LIKE EFFECT OR IMPORT AS USED HEREIN
SHALL MEAN THAT THE DIRECTION, REQUIREMENT, PERMISSION OR
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ALLOWANCE OF THE ENGINEER OR OWNER IS INTENDED, AND SIMILARLY
ACCEPTEDAPPROVEDREASONABLESUITABLE,
THE WORDS "," "," "," ""
PROPERLYSATISFACTORY
"," "," OR WORDS OF LIKE EFFECT OR IMPORT,
UNLESS OTHERWISE PARTICULARLY SPECIFIED HERE, SHALL MEAN
ACCEPTABLE, APPROVED, REASONABLE, SUITABLE, PROPERLY OR
SATISFACTORY IN THE JUDGMENT OF THE ENGINEER OR OWNER.
ADDENDUM
(M) THE WORD "" SHALL MEAN A MODIFICATION OF THE
CONTRACT DOCUMENTS ISSUED IN WRITING BY THE ENGINEER OR OWNER
PRIOR TO THE OPENING OF THE BIDS.
FIELD ORDER
(N) THE TERM "" SHALL MEAN A WRITTEN ORDER ISSUED BY THE
OWNER SUBSEQUENT TO THE FORMAL EXECUTION OF THE CONTRACT
DOCUMENTS. WHICH ORDERS MINOR CHANGES IN THE WORK WHICH ARE
COMPATIBLE WITH THE DESIGN CONCEPT OF THE COMPLETED PROJECT AS
A FUNCTIONING WHOLE AS INDICATED BY THE CONTRACT DOCUMENTS
BUT WHICH DOES NOT INVOLVE A CHANGE IN CONTRACT PRICE OR THE
CONTRACT TIMES.
CHANGE ORDER
(O) THE TERM "" SHALL MEAN A MODIFICATION OF THE
CONTRACT REQUIREMENTS ISSUED IN WRITING BY THE OWNER
SUBSEQUENT TO THE FORMAL EXECUTION OF THE CONTRACT DOCUMENTS
WHICH INVOLVES A CHANGE IN CONTRACT PRICE OR THE CONTRACT
TIMES.
(P) ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE CONTRACT. UNLESS SPECIFICALLY NOTED OTHERWISE,
ALL "DAYS" SHALL BE CONSTRUED TO MEAN CALENDAR DAYS.
SUBSTANTIAL COMPLETION
(Q) THE WORDS "" SHALL MEAN THE WORK (OR A
SPECIFIED PORTION THEREOF) HAS PROGRESSED TO THE POINT WHERE, IN
THE OPINION OF THE ENGINEER, IT IS SUFFICIENTLY COMPLETED IN
ACCORDANCE WITH THE CONTRACT DOCUMENTS, SO THAT THE WORK
CAN BE UTILIZED FOR THE PURPOSES FOR WHICH IT WAS INTENDED.
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OR APPROVED EQUAL
(R) THE TERM "" PERTAINS TO THE USE OF MATERIALS
CURRENTLY ACCEPTED BY THE DEPARTMENT OF PUBLIC UTILITIES. ITEMS
NOT CURRENTLY ACCEPTED MUST BE SUBMITTED FOR REVIEW AND
APPROVAL PRIOR TO INCORPORATION IN THE WORK.
FORCE ACCOUNT
(S) THE TERM "" SHALL MEAN WORK NOT SHOWN ON THE
PLANS OR REQUIRED BY THE CONTRACT DOCUMENTS THAT IS NECESSARY
FOR THE COMPLETION OF THE CONTRACT, WHICH SHALL BE CONSIDERED
ADDITIONAL WORK AND WILL BE PAID FOR IN THE MANNER SET FORTH
HEREINAFTER.
ARTICLE 2. EXECUTION, CORRELATION, AND INTENT OF CONTRACT DOCUMENTS.
THE CONTRACT DOCUMENTS SHALL BE EXECUTED BY THE OWNER AND THE
CONTRACTOR IN SUCH NUMBERS AS REQUIRED BY THE OWNER.
THE CONTRACT DOCUMENTS ARE COMPLEMENTARY AND WHAT IS CALLED FOR BY ANY
ONE SHALL BE AS BINDING AS IF CALLED FOR BY ALL. THE INTENTION OF THE
DOCUMENTS IS TO INCLUDE ALL LABOR AND MATERIALS, EQUIPMENT, AND SUPPLIES
NECESSARY FOR THE PROPER EXECUTION OF THE WORK. IT IS NOT INTENDED,
HOWEVER, THAT MATERIALS OR WORK NOT COVERED BY OR PROPERLY INFERABLE
FROM ANY HEADING, BRANCH, CLASS, OR TRADE OF THE SPECIFICATIONS SHALL BE
SUPPLIED UNLESS DISTINCTLY SO NOTED ON THE DRAWINGS. MATERIALS OR WORK
DESCRIBED IN WORDS WHICH SO APPLIED HAVE A WELL-KNOWN TECHNICAL OR TRADE
MEANING SHALL BE HELD TO REFER TO SUCH RECOGNIZED STANDARDS. THE
DESIGNATION "ARCHITECTURAL," STRUCTURAL," ELECTRICAL," AND THE LIKE, IN THE
DRAWING TITLES ARE PROVIDED FOR CONVENIENCE ONLY, AND ARE NOT INTENDED TO
DEFINE THE WORK TO BE DONE BY ANY TRADES OR SUBCONTRACTORS.
ARTICLE 3. CONTRACTOR'S UNDERSTANDING.
IT IS UNDERSTOOD AND AGREED
THAT THE CONTRACTOR HAS, BY CAREFUL EXAMINATION, SATISFIED HIMSELF AS TO
THE NATURE AND LOCATION OF THE WORK, THE CONFORMATION OF THE GROUND, THE
CHARACTER, EQUIPMENT AND FACILITIES NEEDED PRELIMINARY TO AND DURING THE
PROSECUTION OF THE WORK, THE GENERAL AND LOCAL CONDITIONS, AND ALL OTHER
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MATTERS WHICH CAN IN ANY WAY AFFECT THE WORK UNDER THIS CONTRACT. NO
VERBAL AGREEMENT OR CONVERSATION WITH ANY OFFICER, AGENT OR EMPLOYEE OF
THE OWNER, EITHER BEFORE OR AFTER THE EXECUTION OF THIS CONTRACT, SHALL
AFFECT OR MODIFY ANY OF THE TERMS OR OBLIGATIONS HEREIN CONTAINED.
THE SUBMISSION OF A BID SHALL BE PRIMA FACIE EVIDENCE THAT THE BIDDER
THOROUGHLY UNDERSTANDS THE DRAWINGS, TERMS OF THE SPECIFICATIONS, AND HAS
MADE HIMSELF FAMILIAR WITH ALL FEDERAL AND STATE LAWS, LOCAL LAWS,
ORDINANCES, AND REGULATIONS WHICH IN ANY MANNER AFFECT THE WORK OR ITS
PROSECUTION.
ARTICLE 4. CONSTRUCTION STANDARDS.
THE CONTRACTOR WILL BE RESPONSIBLE
FOR COMPLYING WITH ISLE OF WIGHT COUNTY, DEPARTMENT OF PUBLIC UTILITIES
CONSTRUCTION SPECIFICATIONS AND STANDARDS FOR WATERWORKS AND SANITARY
SEWERAGE FACILITIES DATED OCTOBER, 1996, AND ALL REVISIONS THERETO WHERE
CONFLICTS OCCUR WITH THE STANDARDS AND THE REQUIREMENTS SET FORTH HEREIN,
THE STANDARDS SHALL GOVERN. WAIVER OF ANY REQUIREMENTS SET FORTH BY THE
STANDARDS IS AT THE DISCRETION OF THE OWNER.
ARTICLE 5. DETAILED DRAWINGS AND INSTRUCTIONS.
THE ENGINEER SHALL
FURNISH WITH REASONABLE PROMPTNESS, ADDITIONAL INSTRUCTION, BY MEANS OF
DRAWINGS OR OTHERWISE, NECESSARY FOR THE PROPER EXECUTION OF THE WORK.
ALL SUCH DRAWINGS AND INSTRUCTIONS SHALL BE CONSISTENT WITH THE CONTRACT
DOCUMENTS. WHERE SIZES ARE NOT MARKED PLAINLY ON THE DRAWINGS, THE SIZE OF
CORRESPONDING PARTS MAY BE FOLLOWED, OR THE ENGINEER WILL DETERMINE THE
SIZES WHEN DIMENSIONS ARE ENTIRELY OMITTED.
THE CONTRACTOR SHALL VERIFY ALL FIGURES ON THE PLANS AND WILL BE
RESPONSIBLE FOR THE PROPER COORDINATION OF ALL DIMENSIONS AS WELL AS THE
DIFFERENT PARTS OF THE WORK.
ARTICLE 6. SHOP DRAWINGS.
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(A) THE TERM "SHOP DRAWINGS," AS USED HEREIN SHALL INCLUDE
FABRICATION, ERECTION AND SETTING DRAWINGS, MANUFACTURERS'
STANDARD DRAWINGS, SCHEDULES, DESCRIPTIVE LITERATURE,
CATALOGS, BROCHURES, PERFORMANCE AND TEST DATA, WIRING AND
CONTROL DIAGRAMS AND ALL OTHER DESCRIPTIVE DATA PERTAINING TO
THE MATERIALS AND EQUIPMENT AS REQUIRED TO DEMONSTRATE
COMPLIANCE WITH THE CONTRACT REQUIREMENTS.
(B) THE CONTRACTOR SHALL SUBMIT FOR THE APPROVAL OF THE OWNER ALL
SHOP DRAWINGS REQUIRED BY THE SPECIFICATIONS OR REQUESTED BY
THE OWNER. ALL SUCH SUBMISSIONS SHALL BE MADE WITH SUCH
PROMPTNESS AS TO CAUSE NO DELAY IN THIS OR ANY OTHER
CONTRACTOR ON THE PROJECT, AND TO ALLOW REASONABLE TIME FOR
REVIEW.
(C) SHOP DRAWINGS SHALL BE SUBMITTED IN SUCH NUMBER OF COPIES THAT
THREE (3) COPIES MAY BE RETAINED BY THE OWNER. EACH SUBMISSION
SHALL BE ACCOMPANIED BY A LETTER OF TRANSMITTAL IN DUPLICATE,
LISTING THE CONTENTS OF THE SUBMISSION AND IDENTIFYING EACH ITEM
BY REFERENCE TO SPECIFICATION SECTION OR DRAWING. ALL SHOP
DRAWINGS SHALL BE CLEARLY LABELED WITH THE NAME OF THE PROJECT
AND OTHER NECESSARY INFORMATION. CATALOG PLATES AND OTHER
SIMILAR MATERIAL THAT CANNOT BE SO LABELED CONVENIENTLY, SHALL
BE BOUND IN SUITABLE COVERS BEARING THE IDENTIFYING DATA.
(D) SHOP DRAWINGS SHALL BE ACCOMPANIED BY ALL REQUIRED
CERTIFICATIONS AND OTHER SUCH SUPPORTING MATERIAL, AND SHALL
BE SUBMITTED IN SUCH SEQUENCE OR IN SUCH GROUPS THAT ALL
RELATED ITEMS MAY BE REVIEWED TOGETHER. WHEN SHOP DRAWINGS
CANNOT BE REVIEWED BECAUSE THE SUBMISSION IS NOT COMPLETE, OR
BECAUSE SHOP DRAWINGS ON RELATED ITEMS HAVE NOT BEEN RECEIVED,
THEN SUCH SHOP DRAWINGS WILL BE RETURNED WITHOUT ACTION OR
WILL BE HELD, AND NOT REVIEWED, UNTIL THE LACKING MATERIAL IS
RECEIVED.
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(E) SHOP DRAWINGS SHALL HAVE BEEN CHECKED BY THE CONTRACTOR AND
COORDINATED WITH ALL OTHER RELATED OR AFFECTED WORK BEFORE
THEY ARE SUBMITTED FOR APPROVAL, AND SHALL BEAR THE
CONTRACTOR'S CERTIFICATION THAT HE HAS CHECKED AND APPROVED
THEM AS COMPLYING WITH THE INFORMATION GIVEN IN THE CONTRACT
DOCUMENTS. SHOP DRAWINGS SUBMITTED WITHOUT SUCH
CERTIFICATION AND COORDINATION WILL BE RETURNED TO THE
CONTRACTOR WITHOUT ACTION, AND WILL NOT BE CONSIDERED A
FORMAL SUBMISSION.
(F) IF THE SHOP DRAWINGS SHOW VARIATIONS FROM THE DRAWINGS AND
SPECIFICATIONS BECAUSE OF STANDARD SHOP PRACTICE OR OTHER
REASONS, THE CONTRACTOR SHALL MAKE SPECIFIC MENTION OF SUCH
VARIATION IN HIS LETTER OF TRANSMITTAL IN ORDER THAT, IF
ACCEPTABLE, SUITABLE ACTION MAY BE TAKEN FOR PROPER
ADJUSTMENT; OTHERWISE, THE CONTRACTOR WILL NOT BE RELIEVED OF
THE RESPONSIBILITY FOR EXECUTING THE WORK IN ACCORDANCE WITH
THE DRAWINGS AND SPECIFICATIONS EVEN THOUGH SUCH SHOP
DRAWINGS HAVE BEEN APPROVED.
(G) THE OWNER SHALL PASS UPON THE SHOP DRAWINGS WITH REASONABLE
PROMPTNESS. REVIEWING AND/OR APPROVAL OF SHOP DRAWINGS WILL
BE GENERAL, FOR CONFORMANCE WITH THE DESIGN CONCEPT OF THE
PROJECT AND COMPLIANCE WITH THE INFORMATION GIVEN IN THE
CONTRACT DOCUMENTS, AND WILL NOT INCLUDE QUANTITIES, DETAIL
DIMENSIONS, NOR ADJUSTMENTS OF DIMENSIONS TO ACTUAL FIELD
CONDITIONS. APPROVAL SHALL NOT BE CONSTRUED AS PERMITTING ANY
DEPARTURE FROM CONTRACT REQUIREMENTS, AUTHORIZATION OF ANY
INCREASE IN PRICE NOR AS RELIEVING THE CONTRACTOR OF THE
RESPONSIBILITY FOR ANY ERROR IN DETAILS, DIMENSIONS OR OTHERWISE
THAT MAY EXIST.
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ARTICLE 7. DISCREPANCIES.
ANY DISCREPANCIES FOUND BETWEEN THE PLANS AND
SPECIFICATIONS AND SITE CONDITIONS OR ANY INCONSISTENCIES OR AMBIGUITIES IN
THE PLANS OR SPECIFICATIONS SHALL BE IMMEDIATELY REPORTED TO THE ENGINEER,
IN WRITING, WHO SHALL PROMPTLY CORRECT SUCH INCONSISTENCIES OR AMBIGUITIES
IN WRITING. WORK DONE BY THE CONTRACTOR AFTER HIS DISCOVERY OF SUCH
DISCREPANCIES, INCONSISTENCIES OR AMBIGUITIES SHALL BE DONE AT THE
CONTRACTOR'S RISK.
IF THE CONTRACTOR, IN THE COURSE OF THE WORK, FINDS ANY DISCREPANCY BETWEEN
THE DRAWINGS AND THE PHYSICAL CONDITIONS OF THE LOCALITY, OR ANY ERRORS, OR
OMISSIONS IN DRAWINGS OR IN THE LAYOUT AS GIVEN BY POINTS AND INSTRUCTIONS,
IT SHALL BE HIS DUTY TO IMMEDIATELY INFORM THE ENGINEER AND THE OWNER IN
WRITING, AND THE ENGINEER AND OWNER SHALL PROMPTLY VERIFY THE SAME. ANY
WORK DONE AFTER SUCH DISCOVERY, UNTIL AUTHORIZED, WILL BE DONE AT THE
CONTRACTOR'S RISK AND EXPENSE.
ARTICLE 9. OWNERSHIP OF DRAWINGS.
ALL DRAWINGS AND SPECIFICATIONS
FURNISHED BY THE ENGINEER ARE PROPERTY OF THE OWNER. THEY ARE NOT TO BE
USED ON OTHER WORK AND, WITH THE EXCEPTION OF THE SIGNED CONTRACT SET, ARE
TO BE RETURNED TO THE OWNER ON REQUEST, AT THE COMPLETION OF THE WORK. ALL
MODELS ARE THE PROPERTY OF THE OWNER.
ARTICLE 10. DRAWINGS AND SPECIFICATIONS ON THE WORK
. THE CONTRACTOR
SHALL KEEP ONE (1) COPY OF ALL DRAWINGS AND THE SPECIFICATIONS AT THE JOB SITE,
IN GOOD ORDER, AVAILABLE TO THE OWNER.
ARTICLE 11. PROGRESS OF THE WORK.
IT IS UNDERSTOOD AND AGREED THAT THE
CONTRACTOR WILL EXECUTE THE AGREEMENT WITHIN TEN (10) DAYS AFTER WRITTEN
NOTICE OF AWARD. THE CONTRACTOR SHALL PROVIDE AN ADEQUATE FORCE OF LABOR
AND EQUIPMENT TO PROSECUTE THE WORK AT AS MANY DIFFERENT POINTS AS MAY BE
NECESSARY TO INSURE THE COMPLETION OF SAME WITHIN THE TIME LIMIT FOR THE
COMPLETION AS SET FORTH IN THIS AGREEMENT.
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THE CONTRACTOR SHALL FURNISH A PROGRESS SCHEDULE FOR APPROVAL BY THE
OWNER AND THE ENGINEER. IT SHALL BE INCUMBENT UPON THE CONTRACTOR TO
PROVIDE THE MANPOWER AND EQUIPMENT TO MAINTAIN THIS SCHEDULE. IN THE
EVENT PERIODIC ESTIMATES INDICATE THE SCHEDULE IS NOT BEING MET, THE
CONTRACTOR MAY BE REQUIRED TO FURNISH IN WRITING TO THE ENGINEER THE
METHOD HE PROPOSES TO EMPLOY TO RETURN THE PROJECT TO THE ORIGINAL
SCHEDULE. THE OWNER MAY WITHHOLD PAYMENTS IF THE WORK IS NOT PROCEEDING
IN ACCORDANCE WITH TERMS OF THIS AGREEMENT. ALL WORK SHALL BE FAITHFULLY
UNDERTAKEN, PERFORMED AND COMPLETED WITHIN THE TIME DESIGNATED IN THE
CONTRACT, AS TIME IS UNDERSTOOD TO BE THE ESSENCE OF THE CONTRACT.
ARTICLE 12. ORDER OF COMPLETION.
THE CONTRACTOR SHALL SUBMIT AT SUCH
TIME AS MAY BE REQUESTED BY THE OWNER, SCHEDULES WHICH SHALL SHOW THE
ORDER IN WHICH THE CONTRACTOR WILL START THE SEVERAL PARTS OF THE WORK
AND ESTIMATED DATES OF COMPLETION OF THE SEVERAL PARTS. WHEN APPROVED,
SUCH SCHEDULE SHALL GOVERN THE WORK. THE OWNER RESERVES THE RIGHT TO
ESTABLISH AN ORDER OF PRECEDENCE FOR THE COMPLETION OF THE WORK.
ARTICLE 13. SUPERINTENDENCE, SUPERVISION.
THE CONTRACTOR SHALL KEEP ON
HIS WORK DURING ITS PROGRESS A COMPETENT SUPERINTENDENT AND ANY
NECESSARY ASSISTANTS, ALL SATISFACTORY TO THE OWNER. THE SUPERINTENDENT
SHALL NOT BE CHANGED EXCEPT WITH THE CONSENT OF THE OWNER, UNLESS THE
SUPERINTENDENT PROVES TO BE UNSATISFACTORY TO THE CONTRACTOR AND CEASES
TO BE IN HIS EMPLOY. THE SUPERINTENDENT SHALL REPRESENT THE CONTRACTOR IN
HIS ABSENCE AND ALL DIRECTIONS GIVEN TO HIM SHALL BE AS BINDING AS IF GIVEN TO
THE CONTRACTOR. IMPORTANT DIRECTIONS SHALL BE CONFIRMED UPON WRITTEN
REQUEST IN EACH CASE. THE CONTRACTOR SHALL GIVE EFFICIENT SUPERVISION TO THE
WORK, USING HIS BEST SKILL AND ATTENTION.
ARTICLE 14. MATERIALS, APPLIANCES, EMPLOYEES
. UNLESS OTHERWISE
STIPULATED, THE CONTRACTOR SHALL PROVIDE AND PAY FOR ALL MATERIALS, LABOR,
WATER, TOOLS, EQUIPMENT, LIGHT, POWER, TRANSPORTATION, SANITARY FACILITIES,
AND OTHER FACILITIES NECESSARY FOR THE EXECUTION AND COMPLETION OF THE
WORK.
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UNLESS OTHERWISE SPECIFIED, ALL MATERIALS SHALL BE NEW AND BOTH
WORKMANSHIP AND MATERIALS SHALL BE OF GOOD QUALITY. THE CONTRACTOR
SHALL, IF REQUIRED, FURNISH SATISFACTORY EVIDENCE AS TO THE KIND AND QUALITY
OF MATERIALS.
THE CHARACTER, CONDITIONS, ADAPTABILITY, AND QUANTITY OF EQUIPMENT USED BY
THE CONTRACTOR SHALL BE SUCH AS MAY BE NECESSARY FOR THE PROPER EXECUTION
OF THE WORK WITHIN THE SPECIFIED WORKING TIME. THE EQUIPMENT USED SHALL BE
MAINTAINED IN GOOD CONDITION AND SHALL BE SUBJECT TO APPROVAL OF THE OWNER
PRIOR TO AND DURING ITS USE IN CONNECTION WITH THE WORK TO BE PERFORMED
UNDER THIS CONTRACT.
THE CONTRACTOR SHALL AT ALL TIMES ENFORCE STRICT DISCIPLINE AND GOOD ORDER
AMONG HIS EMPLOYEES. NO PERSON UNDER THE AGE OF SIXTEEN (16) YEARS, NO
PERSON WHO, AT THE TIME, IS SERVING A SENTENCE IN A PENAL OR CORRECTIONAL
INSTITUTION, AND NO PERSON WHO HAS BEEN CONVICTED OF COMMISSION OF FRAUD
OR A CRIMINAL OFFENSE IN CONNECTION WITH OBTAINING, ATTEMPTING TO OBTAIN,
OR PERFORMING A PUBLIC CONTRACT OR SUBCONTRACT, SHALL BE EMPLOYED ON THE
WORK COVERED BY THIS CONTRACT.
NEITHER PARTY SHALL EMPLOY OR HIRE ANY EMPLOYEES OF THE OTHER PARTY
WITHOUT HIS CONSENT. THE CONTRACTOR SHALL AT ALL TIMES ENFORCE STRICT
DISCIPLINE AND GOOD ORDER AMONG HIS EMPLOYEES. IF THE CONTRACTOR OR ANY
OF HIS EMPLOYEES AT ANY TIME IN ANY WAY ABUSES PHYSICALLY OR VERBALLY ANY
COUNTY EMPLOYEE ENGAGED IN PERFORMANCE OF HIS DUTIES WITH REFERENCE TO
SUPERVISION OR INSPECTION OF THE PROJECT OR PERFORMANCE OF ANY OTHER DUTIES
RELATED TO THE COUNTY, THE CONTRACTOR MAY BE ORDERED BY THE COUNTY TO
REMOVE HIS PERSON AND/OR ANY OF HIS EMPLOYEES ENGAGING IN SUCH CONDUCT
FROM THE JOB SITE FOR THE DURATION OF THE CONTRACT. SHOULD THE CONTRACTOR
REFUSE TO DO SO, THE CONTRACT MAY IMMEDIATELY AND WITHOUT ADVANCE NOTICE
TO SURETIES BE TERMINATED BY THE COUNTY.
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ARTICLE 15. ROYALTIES AND PATENTS.
THE CONTRACTOR SHALL PAY ROYALTIES
AND LICENSE FEES. HE SHALL DEFEND ALL SUITS OR CLAIMS FOR THE INFRINGEMENT
OF ANY PATENT RIGHTS AND SHALL SAVE THE OWNER HARMLESS FROM LOSS ON
ACCOUNT THEREOF, EXCEPT THAT THE OWNER SHALL BE RESPONSIBLE FOR ALL SUCH
LOSS WHEN A PARTICULAR PROCESS OR THE PRODUCT OF A PARTICULAR
MANUFACTURER OR MANUFACTURERS IS SPECIFIED, BUT IF THE CONTRACTOR HAS
INFORMATION THAT THE PROCESS OR ARTICLE SPECIFIED IS INFRINGEMENT OF A
PATENT, HE SHALL BE RESPONSIBLE FOR SUCH LOSS UNLESS HE PROMPTLY GIVES SUCH
INFORMATION IN WRITING TO THE ENGINEER AND OWNER.
ARTICLE 16. SURVEYS, PERMITS, AND REGULATIONS.
PERMITS AND LICENSES
NECESSARY FOR THE PROSECUTION OF THE WORK SHALL BE SECURED AND PAID FOR BY
THE CONTRACTOR. EASEMENTS AND RIGHT-OF-WAY FOR PERMANENT STRUCTURES OR
PERMANENT CHANGES IN EXISTING FACILITIES SHALL BE SECURED AND PAID FOR BY
THE OWNER, UNLESS OTHERWISE SPECIFIED.
THE CONTRACTOR WILL HAVE IN HAND, ON SITE, AN APPROVED TRAFFIC CONTROL PLAN
AND AN APPROVED HIGHWAY PERMIT PRIOR TO COMMENCEMENT OF CONSTRUCTION.
NO CONSTRUCTION WILL BE PERFORMED UNTIL THESE REQUIREMENTS ARE MET.
THE CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALL LAWS,
ORDINANCES, RULES, AND REGULATIONS BEARING ON THE CONDUCT OF THE WORK AS
DRAWN AND SPECIFIED. IF THE CONTRACTOR OBSERVES THAT THE DRAWINGS AND
SPECIFICATIONS ARE AT VARIANCE THEREWITH, HE SHALL PROMPTLY NOTIFY THE
ENGINEER AND OWNER IN WRITING, AND ANY NECESSARY CHANGES SHALL BE
ADJUSTED AS PROVIDED IN THE CONTRACT FOR CHANGES IN THE WORK. IF THE
CONTRACTOR PERFORMS ANY WORK KNOWING IT TO BE CONTRARY TO SUCH LAWS,
ORDINANCES, RULES AND REGULATIONS AND WITHOUT SUCH NOTICE TO THE ENGINEER
AND OWNER, HE AGREES TO BEAR ALL COSTS AND PENALTIES ARISING THEREFROM.
UNLESS OTHERWISE SPECIFIED, THE OWNER SHALL FURNISH ALL LAND SURVEYS AND
ESTABLISH ALL BASE LINES FOR LOCATING THE PRINCIPAL COMPONENT PARTS OF THE
WORK TOGETHER WITH A SUITABLE NUMBER OF BENCH MARKS ADJACENT TO THE
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WORK. FROM THE INFORMATION PROVIDED BY THE OWNER, THE CONTRACTOR SHALL
DEVELOP AND MAKE ALL DETAIL SURVEYS NEEDED FOR CONSTRUCTION.
ARTICLE 17. POINTS AND INSTRUCTIONS.
THE CONTRACTOR SHALL PROVIDE
REASONABLE AND NECESSARY OPPORTUNITIES AND FACILITIES FOR SETTING POINTS
AND MAKING MEASUREMENTS. HE SHALL NOT PROCEED UNTIL HE HAS MADE TIMELY
DEMAND UPON THE OWNER FOR, AND HAS RECEIVED FROM HIM, SUCH POINTS AND
INSTRUCTIONS AS MAY BE NECESSARY AS THE WORK PROGRESSES. THE WORK SHALL
BE DONE IN STRICT CONFORMITY WITH SUCH POINTS AND INSTRUCTIONS.
ARTICLE 18. EXISTING STRUCTURES.
THE LOCATION OF EXISTING SEWERS, WATER
AND GAS PIPES, CONDUITS AND OTHER STRUCTURES ACROSS OR ALONG THE LINE OF
THE PROPOSED WORK ARE NOT NECESSARILY SHOWN ON THE PLANS, AND IF SHOWN,
THE LOCATION, DEPTH AND DIMENSION OF SUCH STRUCTURE ARE ONLY
APPROXIMATELY CORRECT. THE CONTRACTOR SHALL HAVE A WORKING PIPE LOCATOR
ON THE JOB AT ALL TIMES.
THE CONTRACTOR SHALL DIG THE NECESSARY TEST HOLES FOR THE PURPOSE OF
LOCATING EXISTING UNDERGROUND STRUCTURES. SUCH EXCAVATION SHALL NOT BE
UNDERTAKEN WITHOUT FORTY-EIGHT (48) HOURS PRIOR NOTICE TO THE OWNER.
NO CLAIMS FOR DAMAGES OR EXTRA COMPENSATION SHALL ACCRUE TO THE
CONTRACTOR FROM THE PRESENCE OF SUCH PIPE OR OTHER OBSTRUCTION OR FROM
ANY DELAY DUE TO REMOVAL OR REARRANGEMENT OF SAME.
ARTICLE 19. CARE OF EXISTING STRUCTURES.
THE CONTRACTOR SHALL BE LIABLE
FOR ALL DAMAGE DONE TO ANY STRUCTURES OR PROPERTY ARISING THROUGH HIS
NEGLIGENCE OR CARELESSNESS. HE SHALL TAKE CARE OF AND MAINTAIN ALL
UNDERGROUND, OVERHEAD OR SURFACE UTILITIES ENCOUNTERED IN THE
PERFORMANCE OF THE WORK. PRIOR TO COMMENCING WORK, CONTRACTOR SHALL
CONTACT THE UTILITY INFORMATION CENTER ("MISS UTILITY"), TELEPHONE 1-800-552-
7001 FOR ASSISTANCE IN LOCATING EXISTING UNDERGROUND UTILITIES.
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THE CONTRACTOR SHALL OBSERVE ALL PRECAUTIONS WITH RESPECT TO FIRE AND
AVOID THE INDISCRIMINATE MUTILATION, OR CUTTING DOWN OF TREES, WITHIN AND
OUTSIDE OF PROJECT WORK AREAS OR EASEMENTS. ANY DAMAGE TO PROPERTY OR
EASEMENTS NOT IN THE WORK AREA ARISING FROM THE CONTRACTOR'S NEGLIGENCE
OR CARELESSNESS IN PERFORMANCE OF THE WORK WILL BE THE CONTRACTOR'S
RESPONSIBILITY.
THE CONTRACTOR SHALL NOT USE PRIVATE PROPERTY IN CONNECTION WITH THE WORK
UNLESS PRIOR WRITTEN PERMISSION IS OBTAINED FROM THE PROPERTY OWNER. A
COPY OF THE WRITTEN PERMISSION SHALL BE FURNISHED TO THE COUNTY
ENGINEERING DIVISION. THE WRITTEN STATEMENT OF PERMISSION SHALL ALSO
INDICATE THE NAME, ADDRESS, AND PHONE NUMBER OF THE PROPERTY OWNER. IT WILL
BE THE RESPONSIBILITY OF THE CONTRACTOR TO TAKE PHOTOGRAPHS OF THE
PROPERTY PRIOR TO ITS USE IN CASE OF DISPUTES ARISING FROM THE USE OF THE
PROPERTY. VERIFICATION OF OWNERSHIP SHALL BE THE RESPONSIBILITY OF THE
CONTRACTOR.
ARTICLE 20. PROTECTION OF WORK AND PROPERTY.
THE CONTRACTOR SHALL
PROVIDE AND MAINTAIN ALL NECESSARY WATCHMEN, BARRICADES, LIGHTS AND
WARNING SIGNS, AND TAKE ALL NECESSARY PRECAUTIONS FOR THE PROTECTION AND
SAFETY OF THE PUBLIC. HE SHALL CONTINUOUSLY MAINTAIN ADEQUATE PROTECTION
OF ALL WORK FROM DAMAGE AND SHALL TAKE ALL REASONABLE PRECAUTIONS TO
PROTECT THE OWNER'S PROPERTY FROM INJURY OR LOSS ARISING IN CONNECTION WITH
THIS CONTRACT. HE SHALL MAKE GOOD ANY DAMAGE, INJURY OR LOSS TO HIS WORK
AND TO THE PROPERTY OF THE OWNER RESULTING FROM LACK OF REASONABLE
PROTECTIVE PRECAUTIONS, EXCEPT SUCH AS MAY BE DUE TO ERRORS IN THE CONTRACT
DOCUMENTS, OR CAUSED BY AGENT OR EMPLOYEES OF THE OWNER. HE SHALL
ADEQUATELY PROTECT ADJACENT PRIVATE AND PUBLIC PROPERTY, AS PROVIDED BY
LAW AND THE CONTRACT DOCUMENTS.
IN AN EMERGENCY AFFECTING THE SAFETY OF LIFE OR LOSS OR DAMAGE TO THE WORK
OR TO THE ADJOINING PROPERTY, THE CONTRACTOR WITHOUT SPECIAL INSTRUCTION
OR AUTHORIZATION FROM THE ENGINEER OR OWNER, IS HEREBY PERMITTED TO ACT,
AT HIS DISCRETION, TO PREVENT SUCH THREATENED LOSS OR INJURY, AND HE SHALL
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SO ACT, WITHOUT APPEAL AS IF INSTRUCTED OR AUTHORIZED. THE CONTRACTOR
SHALL PROVIDE WRITTEN DOCUMENTATION CONCERNING THE CIRCUMSTANCES OF THE
EMERGENCY TO THE OWNER AS SOON AS PRACTICAL. ANY COMPENSATION, CLAIMED
BY THE CONTRACTOR ON ACCOUNT OF EMERGENCY WORK, SHALL BE DETERMINED BY
AGREEMENT OR LITIGATION AS PROVIDED FOR IN ARTICLE 59 HEREIN.
THE CONTRACTOR SHALL CAREFULLY PRESERVE BENCH MARKS, REFERENCE POINTS
AND STAKES, AND IN CASE OF WILLFUL OR CARELESS DESTRUCTION, HE SHALL BE
CHARGED WITH THE RESULTING EXPENSE AND SHALL BE RESPONSIBLE FOR ANY
MISTAKES THAT MAY BE CAUSED BY THEIR UNNECESSARY LOSS OR DISTURBANCE.
ARTICLE 21. PROJECT COORDINATION
. WHERE REQUIRED BY STATE, FEDERAL, OR
LOCAL REGULATIONS, THE CONTRACTOR SHALL COORDINATE HIS CONSTRUCTION PLAN
WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND WILL OBTAIN THEIR
APPROVALS TO DATE OF WORK, PERMITS, TYPE OF TEMPORARY PATCHING, TRAFFIC
CONTROL, TYPE AND PLACEMENT OF TRAFFIC CONTROLS, SAFETY DEVICES, AND
FLAGMEN. EXISTING COUNTY WATER AND SEWER VALVES MAY ONLY BE OPENED AND
CLOSED BY OR UNDER THE DIRECT SUPERVISION OF DEPARTMENT OF PUBLIC UTILITIES
PERSONNEL. THE ONLY EXCEPTION IS AN EMERGENCY SITUATION AFFECTING PUBLIC
HEALTH OR SAFETY IN WHICH CASE THE CONTRACTOR WOULD ACT IN ACCORDANCE
WITH ARTICLE 20.
ANY CONTRACTOR FOUND VIOLATING THIS PROVISION MAY BE SUBJECT TO
PROSECUTION FOR TAMPERING WITH COUNTY PROPERTY.
WHEN THE CONTRACTOR REQUIRES VALVE OPERATING SERVICES, HE SHALL VERBALLY
INFORM THE DEPARTMENT OF PUBLIC UTILITIES AND GIVE WRITTEN NOTICE OF THE
REQUIREMENT TO THE PROJECT ENGINEER. THE WRITTEN AND DATED REQUEST SHALL
BE DELIVERED TO THE OFFICE OF THE PROJECT ENGINEER AT LEAST FORTY-EIGHT (48)
HOURS IN ADVANCE OF THE SERVICE.
ARTICLE 22. INSPECTION OF SITE AND WORK.
THE OWNER AND HIS
REPRESENTATIVES SHALL AT ALL TIMES HAVE ACCESS TO THE WORK WHEREVER AND
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WHENEVER IT IS, IN PREPARATION OR PROGRESS, AND THE CONTRACTOR SHALL
PROVIDE FOR SUCH ACCESS AND FOR INSPECTION.
THE OWNER WILL APPOINT SUCH PERSON OR PERSONS AS HE MAY DEEM NECESSARY TO
PROPERLY INSPECT THE MATERIALS FURNISHED AND WORK DONE UNDER THE
CONTRACT, AND TO SEE THAT THE SAME STRICTLY CORRESPONDS WITH THE DRAWINGS
AND SPECIFICATIONS. WORK AND MATERIALS WILL BE INSPECTED PROMPTLY, BUT IF,
FOR ANY REASON DELAY SHOULD OCCUR, THE CONTRACTOR SHALL HAVE NO CLAIM
FOR DAMAGES OR EXTRA COMPENSATION.
THE FAILURE OF THE INSPECTOR TO REJECT OR CONDEMN IMPROPER MATERIALS AND
WORKMANSHIP SHALL NOT PREVENT THE OWNER FROM REJECTING MATERIALS AND
WORKMANSHIP FOUND DEFECTIVE AT ANY TIME PRIOR TO THE FINAL ACCEPTANCE OF
THE COMPLETED WORK, NOR SHALL IT BE CONSIDERED AS A WAIVER OF ANY DEFECTS
WHICH MAY BE DISCOVERED LATER, OR AS PREVENTING THE COUNTY AT ANY TIME
PRIOR TO THE EXPIRATION OF THE GUARANTEE PERIOD FROM RECOVERING DAMAGES
FOR WORK ACTUALLY DEFECTIVE.
IF THE SPECIFICATIONS, OWNER'S INSTRUCTIONS, LAWS, ORDINANCES, OR ANY PUBLIC
AUTHORITY REQUIRE ANY WORK TO BE SPECIFICALLY TESTED OR APPROVED, THE
CONTRACTOR SHALL GIVE THE OWNER TIMELY NOTICE OF ITS READINESS FOR
INSPECTION AND, IF THE INSPECTION IS BY ANOTHER AUTHORITY THAN THE OWNER, OF
THE DATE FIXED FOR SUCH INSPECTION. INSPECTIONS BY THE OWNER SHALL BE
PROMPTLY MADE, AND WHERE PRACTICABLE AT THE SOURCE OF SUPPLY. IF ANY WORK
SHOULD BE COVERED UP WITHOUT APPROVAL OR CONSENT OF THE OWNER, IT MUST, IF
REQUIRED BY THE OWNER, BE UNCOVERED FOR EXAMINATION.
REEXAMINATION OF QUESTIONED WORK MAY BE ORDERED BY THE OWNER AND IF SO
ORDERED, THE WORK MUST BE UNCOVERED BY THE CONTRACTOR. IF SUCH WORK BE
FOUND IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, THE OWNER SHALL PAY
THE COST OF REEXAMINATION AND REPLACEMENT. IF SUCH WORK BE FOUND NOT IN
ACCORDANCE WITH THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL PAY SUCH
COST, UNLESS HE SHALL SHOW THAT THE DEFECT IN THE WORK WAS CAUSED BY
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ANOTHER CONTRACTOR, AND IN THAT EVENT THE OWNER SHALL SEEK CORRECTIVE
ACTION FROM THE OTHER CONTRACTOR.
ARTICLE 23. ENGINEER'S/OWNER'S STATUS.
THE ENGINEER AND/OR OWNER SHALL
MAKE PERIODIC VISITS TO THE JOB TO FAMILIARIZE HIMSELF GENERALLY WITH THE
PROGRESS AND QUALITY OF THE WORK BEING CONSTRUCTED. HE WILL CARRY OUT
REASONABLE INSPECTIONS OF THE WORK TO DETERMINE IF, IN GENERAL, THE
CONTRACTOR IS PROCEEDING IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE
OWNER MAY STOP THE PROCEEDING IN ACCORDANCE WITH THE CONTRACT
DOCUMENTS. THE OWNER MAY STOP THE WORK WHENEVER SUCH STOPPAGE MAY BE
NECESSARY TO INSURE THE PROPER EXECUTION OF THE CONTRACT. HE SHALL ALSO
HAVE AUTHORITY TO REJECT ALL WORK AND MATERIALS WHICH DO NOT CONFORM TO
THE CONTRACT, TO REQUIRE THE APPLICATION OF FORCES TO ANY PORTION OF THE
WORK AS IN HIS JUDGEMENT IS NECESSARY, AND TO DECIDE QUESTIONS WHICH ARISE
IN THE EXECUTION OF THE WORK.
ARTICLE 24. CORRECTION OF WORK BEFORE FINAL PAYMENT
. THE CONTRACTOR
SHALL PROMPTLY REMOVE FROM THE PREMISES ALL MATERIALS CONDEMNED BY THE
OWNER AS FAILING TO CONFORM TO THE CONTRACT, WHETHER INCORPORATED IN THE
WORK OR NOT, AND THE CONTRACTOR SHALL PROMPTLY REPLACE AND RE-EXECUTE
HIS OWN WORK IN ACCORDANCE WITH THE CONTRACT AND WITHOUT EXPENSE TO THE
OWNER AND SHALL BEAR THE EXPENSE OF MAKING GOOD ALL WORK OF OTHERS
DESTROYED OR DAMAGED BY SUCH REMOVAL OR REPLACEMENT.
IF THE CONTRACTOR DOES NOT REMOVE SUCH CONDEMNED WORK AND MATERIALS
WITHIN A REASONABLE TIME, FIXED BY WRITTEN NOTICE, THE OWNER MAY REMOVE
AND THEN MAY STORE THE MATERIALS AT THE EXPENSE OF THE CONTRACTOR. IF THE
CONTRACTOR DOES NOT PAY THE EXPENSE OF SUCH REMOVAL AND STORAGE WITHIN
TEN (10) DAYS TIME THEREAFTER, THE OWNER MAY UPON TEN (10) DAYS WRITTEN
NOTICE, SELL SUCH MATERIALS AT AUCTION OR AT PRIVATE SALE AND SHALL ACCOUNT
FOR THE NET PROCEEDS THEREOF AFTER DEDUCTING ALL THE COSTS AND EXPENSES
THAT SHOULD HAVE BEEN BORNE BY THE CONTRACTOR.
ARTICLE 25. SUSPENSION OF WORK.
THE OWNER MAY AT ANY TIME SUSPEND THE
WORK, OR ANY PART THEREOF BY GIVING TEN (10) DAYS NOTICE TO THE CONTRACTOR
IN WRITING. THE WORK SHALL BE RESUMED BY THE CONTRACTOR WITHIN TEN (10)
DAYS AFTER THE DATE FIXED IN THE WRITTEN NOTICE FROM THE OWNER TO THE
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CONTRACTOR TO DO SO. THE OWNER SHALL REIMBURSE THE CONTRACTOR FOR
EXPENSES INCURRED BY THE CONTRACTOR IN CONNECTION WITH THE WORK UNDER HIS
CONTRACT AS A RESULT OF SUCH SUSPENSION.
BUT IF THE WORK OR ANY PART THEREOF SHALL BE STOPPED BY THE NOTICE IN WRITING
AFORESAID, AND IF THE OWNER DOES NOT GIVE NOTICE IN WRITING TO THE
CONTRACTOR TO RESUME WORK AT A DATE WITHIN NINETY (90) DAYS OF THE DATE
FIXED IN THE WRITTEN NOTICE TO SUSPEND, THE CONTRACTOR MAY ABANDON THAT
PORTION OF THE WORK SO SUSPENDED AND HE WILL BE ENTITLED TO PAYMENT FOR
ALL WORK COMPLETED UP TO THE DATE OF NOTICE TO SUSPEND IN ACCORDANCE WITH
THE CONTRACT DOCUMENTS.
ARTICLE 26. CHANGED CONDITIONS.
NOTWITHSTANDING ANY OTHER PROVISION OR
CONDITION SET FORTH IN THE CONTRACT DOCUMENTS AS HEREIN DEFINED, IT IS
UNDERSTOOD AND AGREED THAT SHOULD THE CONTRACTOR ENCOUNTER OR THE
OWNER DISCOVER, DURING THE PROGRESS OF THE WORK, SUBSURFACE AND/OR LATENT
CONDITIONS AT THE SITE MATERIALLY DIFFERING FROM THOSE SHOWN ON THE
DRAWINGS OR INDICATED IN THE SPECIFICATIONS, OR UNKNOWN CONDITIONS OF AN
UNUSUAL NATURE DIFFERING MATERIALLY FROM THOSE ORDINARILY ENCOUNTERED
AND GENERALLY RECOGNIZED AS INHERENT IN WORK OF THE CHARACTER PROVIDED
FOR IN THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL IMMEDIATELY INFORM
THE PROJECT ENGINEER VERBALLY AND SHALL THEN FOLLOW UP IN WRITING WITHIN
TEN (10) DAYS OF THE FIRST OBSERVATION OF ANY SUCH CONDITION. IF THE
CONTRACTOR SHOULD FAIL TO NOTIFY THE PROJECT ENGINEER AS REQUIRED ABOVE,
THEN ANY WORK PERFORMED SHALL BE DONE AT THE CONTRACTOR'S RISK AND
EXPENSE. IF IT IS FOUND CONDITIONS DO MATERIALLY DIFFER, THE CONTRACT SHALL
BE MODIFIED VIA WRITTEN CHANGE ORDER TO PROVIDE ANY INCREASE OR DECREASE
OF COST AND/OR DIFFERENCE IN TIME RESULTING FROM SUCH CONDITION; THE OWNER
MAY TERMINATE THE CONTRACT DUE TO CHANGED CONDITIONS BY DELIVERY OF
WRITTEN NOTICE TO THE CONTRACTOR AND THE CONTRACTOR WILL BE ENTITLED
ONLY TO PAYMENT FOR WORK COMPLETED IN ACCORDANCE WITH THE CONTRACT
DOCUMENTS AS OF THE RECEIPT OF SUCH NOTICE.
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ARTICLE 27. CHANGE OF PLANS.
IT IS AGREED THAT THE ENGINEER, WITH THE
APPROVAL OF THE OWNER, MAY MAKE ALTERATIONS FOR LINE, GRADE, PLAN
POSITIONS, DIMENSIONS OR MATERIALS OF WORK HEREIN CONTEMPLATED OR ANY
PART THEREOF, EITHER BEFORE OR AFTER COMMENCEMENT OF THE CONSTRUCTION
UNDER THIS AGREEMENT SO LONG AS SUCH CHANGES DO NOT RENDER THE TERMS OF
THE AGREEMENT INAPPLICABLE.
ARTICLE 28. ENGINEER'S/OWNER DECISIONS
. THE OWNER SHALL WITHIN FIFTEEN (15)
DAYS TIME AFTER PRESENTATION TO HIM IN WRITING, RENDER DECISIONS, IN WRITING,
ON ALL CLAIMS OF THE CONTRACTOR, OR OTHER MATTERS RELATING TO THE
EXECUTION AND PROGRESS OF THE WORK.
QUESTIONS WHICH ARISE AND PERTAIN TO THE INTERPRETATION OF THE CONTRACT
DOCUMENTS SHALL BE SUBMITTED IN WRITING TO THE ENGINEER. THE ENGINEER
SHALL WITHIN FIFTEEN (15) DAYS TIME RENDER A DECISION AS TO THE INTERPRETATION
OF THE CONTRACT DOCUMENTS.
ARTICLE 29. CLEANING UP AND RESTORATION OF SITE.
THE CONTRACTOR SHALL,
DURING THE PROGRESS OF THE WORK AND AS DIRECTED BY THE OWNER, REMOVE FROM
THE OWNER'S PROPERTY AND FROM ALL PUBLIC AND PRIVATE PROPERTY AND RIGHTS-
OF-WAY, AT HIS OWN EXPENSE, ALL TEMPORARY STRUCTURES, RUBBISH, DEBRIS, PILES
OF EARTH, FOREIGN MATTER, AND WASTE MATERIALS RESULTING FROM HIS
OPERATIONS. THE SITE OF THE WORK SHALL BE RESTORED TO THE CONDITIONS
EXISTING BEFORE THE WORK WAS STARTED, TO THE SATISFACTION OF THE OWNER.
LAWNS, PAVEMENTS, SIDEWALKS, AND OTHER SURFACES SHALL BE PRESERVED WHERE
PRACTICABLE BUT IF DAMAGED SHALL BE FULLY RESTORED.
IF THE CONTRACTOR FAILS TO PERFORM CLEANUP AND RESTORATION IN AN ORDERLY,
CONTINUOUS, AND EXPEDITIOUS MANNER, THE OWNER MAY TAKE CORRECTIVE ACTION
THREE (3) DAYS AFTER DELIVERY OF NOTICE TO DO SO TO THE CONTRACTOR; ANY
EXPENSE RESULTING FROM CORRECTIVE ACTION TAKEN BY THE OWNER FOR CLEANUP
OR RESTORATION SHALL BE DEDUCTED FROM PAYMENTS DUE TO THE CONTRACTOR.
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ARTICLE 30. FINAL INSPECTION
. THE OWNER SHALL SCHEDULE A FINAL INSPECTION
OF THE WORK INCLUDED IN THE CONTRACT WITHIN TEN (10) DAYS AFTER RECEIPT OF
WRITTEN NOTIFICATION FROM THE CONTRACTOR THAT THE WORK IS COMPLETED. IF
THE WORK IS NOT ACCEPTABLE TO THE ENGINEER OR OWNER, THE CONTRACTOR SHALL
BE ADVISED AS TO THE PARTICULAR DEFECTS TO BE REMEDIED BEFORE FINAL
ACCEPTANCE CAN BE MADE.
FAILURE OF THE OWNER TO MAKE THIS INSPECTION WITHIN THE TIME SPECIFIED IN NO
WAY RELIEVES THE CONTRACTOR OF ANY OF HIS OBLIGATIONS UNDER THE CONTRACT.
ONLY WRITTEN NOTIFICATION FROM THE OWNER WILL CONSTITUTE FINAL
ACCEPTANCE OF ANY PART OF THE WORK UNDER THIS CONTRACT.
ARTICLE 31. GUARANTEE OF WORK.
CONTRACTOR WARRANTS AND GUARANTEES TO
THE OWNER AND TO THE ENGINEER THAT ALL WORK WILL BE IN ACCORDANCE WITH
THE CONTRACT DOCUMENTS AND WILL BE WITHOUT DEFECT. THE GUARANTEE PERIOD
SHALL BE NOT LESS THAN ONE YEAR AFTER THE DATE OF SUBSTANTIAL COMPLETION.
SHOULD ANY MANUFACTURER'S WARRANTY BE GREATER THAN ONE YEAR OR SHOULD
ANY PERMIT, SPECIFICATION, OR REGULATORY WARRANTY REQUIREMENT BE GREATER
THAN ONE YEAR, THE CONTRACTOR SHALL GUARANTEE THE WORK FOR THE LONGER
PERIOD. IF DURING THE GUARANTEE PERIOD ANY WORK IS FOUND TO BE DEFECTIVE,
CONTRACTOR SHALL PROMPTLY, WITHOUT COST TO OWNER, AND IN ACCORDANCE
WITH OWNER'S WRITTEN INSTRUCTION, EITHER CORRECT SUCH DEFECTIVE WORK OR
REMOVE IT FROM THE SITE AND REPLACE IT WITH NON-DEFECTIVE WORK. IF
CONTRACTOR DOES NOT PROMPTLY COMPLY WITH THE TERM OF SUCH INSTRUCTION,
OR IN AN EMERGENCY WHERE DELAY WOULD CAUSE SERIOUS RISK OF LOSS OR
DAMAGE, OWNER MAY HAVE THE DEFECTIVE WORK CORRECTED OR THE REJECTED
WORK REMOVED AND REPLACED, AND ALL DIRECT AND INDIRECT COSTS OF SUCH
REMOVAL AND REPLACEMENT, INCLUDING COMPENSATION FOR ADDITIONAL
PROFESSIONAL SERVICES, SHALL BE PAID BY CONTRACTOR.
ARTICLE 32. STATUTE OF LIMITATIONS; WARRANTIES;
AS BETWEEN THE OWNER AND
THE CONTRACTOR:
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(A) ANY APPLICABLE STATUE OF LIMITATIONS SHALL COMMENCE TO RUN
AND ANY ALLEGED CAUSE OF ACTION SHALL BE DEEMED TO HAVE
ACCRUED IN ANY AND ALL EVENTS NO EARLIER THAN THE DATE OF FINAL
PAYMENT.
(B) AS TO ACTS OR FAILURES TO ACT OCCURRING AFTER THE DATE OF FINAL
PAYMENT, ANY APPLICABLE STATUE OF LIMITATIONS SHALL COMMENCE
TO RUN AND ANY ALLEGED CAUSE OF ACTION SHALL BE DEEMED TO HAVE
ACCRUED IN ANY AND ALL EVENTS NO EARLIER THAN THE DATE OF ANY
ACT OR FAILURE TO ACT BY THE CONTRACTOR PURSUANT TO ANY
REQUIRED OR OTHERWISE PROVIDED WARRANTY, THE DATE OF ANY
CORRECTION OF THE WORK OR FAILURE TO CORRECT THE WORK BY THE
CONTRACTOR, OR THE DATE OF ACTUAL COMMISSION OF ANY OTHER ACT
OR FAILURE TO PERFORM ANY DUTY OR OBLIGATION BY THE
CONTRACTOR OR OWNER, WHICHEVER OCCURS LAST.
ARTICLE 33. USE OF COMPLETED PORTIONS.
THE OWNER SHALL HAVE THE RIGHT TO
TAKE POSSESSION OF AND USE ANY COMPLETED OR PARTIALLY COMPLETED PORTIONS
OF THE WORK, NOTWITHSTANDING THAT THE TIME FOR COMPLETING THE ENTIRE WORK
OR SUCH PORTIONS MAY NOT HAVE EXPIRED, BUT SUCH TAKING POSSESSION AND USE
SHALL NOT BE DEEMED AN ACCEPTANCE OF ANY WORK NOT COMPLETED IN
ACCORDANCE WITH THE CONTRACT DOCUMENTS. IF SUCH PRIOR USE INCREASES THE
COST OF OR DELAYS THE WORK, THE CONTRACTOR SHALL BE ENTITLED TO SUCH EXTRA
COMPENSATION OR EXTENSION OF TIME OR BOTH AS THE OWNER MAY DETERMINE.
ARTICLE 34. SUBMISSION OF DAILY PERFORMANCE RECORDS
. THE CONTRACTOR
SHALL AT THE START OF EACH WORK DAY PROVIDE THE PROJECT INSPECTOR A COPY OF
HIS DAILY PERFORMANCE RECORD FOR WORK PERFORMED ON THE PRECEDING WORK
DAY. THE PERFORMANCE RECORD SHALL BE SUBMITTED IN FORMAT AS PRESCRIBED BY
THE COUNTY ENGINEERING DIVISION.
A COPY OF THE PRESCRIBED FORMAT WILL BE PROVIDED TO THE CONTRACTOR BY THE
OWNER.
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THE SUBMISSION OF THE DAILY RECORD DOES NOT PRECLUDE THE SUBMISSION OF
ADDITIONAL DOCUMENTATION, REPORTS, INFORMATION WHEN REQUESTED BY THE
OWNER; OR AS SPECIFICALLY PROVIDED FOR OR REQUIRED BY THE CONTRACT
DOCUMENTS.
ARTICLE 35. RECORD DOCUMENTS
. THE CONTRACTOR SHALL AT THE END OF
CONSTRUCTION PROVIDE THE OWNER WITH ONE COMPLETE SET OF DRAWINGS
RECORDING THE INSTALLATION OF THE PROJECT. DURING THE COURSE OF THE
CONSTRUCTION THE AS-BUILTS SHALL BE UPDATED DAILY BY THE END OF EACH
WORKING DAY. UNDER ARTICLE 47, PARTIAL PAYMENTS MAY BE WITHHELD FOR
FAILURE TO KEEP NEAT, ACCURATE AND COMPLETE AS-BUILTS. UNDER ARTICLE 43, THE
OWNER MAY ELECT TO PREPARE THE AS-BUILTS AT THE EXPENSE OF THE CONTRACTOR
SHOULD THE CONTRACTOR FAIL TO PERFORM UNDER THIS PROVISION OF THE
CONTRACT.
AS-BUILT INFORMATION SHALL INCLUDE THE FOLLOWING AS A MINIMUM, WHERE
APPLICABLE: (PROVIDE PERTINENT INFORMATION RELATED TO BASIC CONSTRUCTION
GUIDELINES AS THEY APPLY TO DESIGNATED PROJECT; INCLUDE STANDARDS FOR OR
BASIC PARAMETERS AS A GUIDELINE FOR THE PROJECT)
(A) LIST AS REQUIRED Pond and outlet structure as-built survey documenting the pond
volume is as required per the construction plans, to include as-constructed gabion basket
elevation and outlet structure rim and inverts.
THESE RECORDS ARE A SPECIFIC CONTRACT REQUIREMENT OF THE CONTRACTOR. FINAL
PAYMENT WILL NOT BE ISSUED UNTIL SAID DOCUMENTS HAVE BEEN SUBMITTED IN AN
ACCEPTABLE FORM.
ARTICLE 36. PARTIAL PAYMENTS
. PARTIAL PAYMENTS WILL BE MADE EACH MONTH
FOR THE QUANTITY OF WORK PERFORMED IN THE PRECEDING MONTH LESS FIVE
PERCENT (5%) TO BE RETAINED UNTIL FINAL COMPLETION OF THE WORK.
REQUESTS FOR PAYMENTS SHALL BE SUBMITTED TO THE OWNER BY THE 1ST OF THE
MONTH FOR PAYMENT BY MID-MONTH. REQUESTS FOR PAYMENTS SHALL BE
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SUBMITTED USING THE APPLICATION FOR PAYMENT AND SUBMITTED TO THE COUNTY
PROJECT LEADER FOR REVIEW AND SIGNATURE APPROVALS; ADDITIONAL
INFORMATION MAY BE REQUESTED DEPENDING ON PROJECT:
ARTICLE 37. ESCROW ACCOUNT PROCEDURE
. IN ACCORDANCE WITH SECTION 2.2-4334
OF THE CODE OF VIRGINIA (1950) AS AMENDED, ON PUBLIC CONTRACTS OF $200,000 OR
MORE, THE CONTRACTOR WILL HAVE THE OPTION TO USE AN ESCROW ACCOUNT
PROCEDURE FOR UTILIZATION OF RETAINAGE FUNDS. IN THE EVENT THE CONTRACTOR
ELECTS TO USE THE ESCROW ACCOUNT PROCEDURE, THE "ESCROW AGREEMENT" FORM
SHALL BE EXECUTED AND SUBMITTED TO THE OWNER WITHIN FIFTEEN CALENDAR DAYS
AFTER NOTIFICATION OF INTENT TO AWARD. IF THE "ESCROW AGREEMENT' FORM IS NOT
SUBMITTED WITHIN THE FIFTEEN-DAY PERIOD, THE CONTRACTOR SHALL FORFEIT HIS
RIGHTS TO USE OF THE ESCROW ACCOUNT PROCEDURE. THE "ESCROW AGREEMENT"
AND ALL REGULATIONS PERTAINING THERETO SHALL BE IN SUBSTANTIAL
ACCORDANCE WITH THE AGREEMENT USED BY COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION. THE CONTRACTOR'S ESCROW AGENT SHALL BE A
TRUST COMPANY, BANK OR A SAVINGS INSTITUTION WITH ITS PRINCIPAL OFFICE
LOCATED IN THE COMMONWEALTH.
ARTICLE 38. METHOD OF MEASUREMENT
. EXCEPT WHEN STIPULATED OTHERWISE,
ALL QUANTITIES OF WORK PERFORMED AND TO BE PAID FOR UNDER THIS CONTRACT
SHALL BE CONSTRUED AS THOSE MEASURED IN PLACE BY THE OWNER.
ARTICLE 39. BASIS OF PAYMENT.
THE PRICES TO BE PAID FOR THE WORK PERFORMED
UNDER THIS CONTRACT SHALL BE THE PRICES STIPULATED IN THE CONTRACTOR'S BID.
ARTICLE 40. INCREASED OR DECREASED QUANTITIES AND METHOD OF PAYMENT -
UNIT PRICES.
THE OWNER RESERVES THE RIGHT TO INCREASE OR DECREASE THE
ESTIMATED VALUE OF THE CONTRACT IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE
PERCENT (25%). SUCH INCREASE OR DECREASE MAY BE BROUGHT ABOUT EITHER BY
VARYING QUANTITIES WITHIN THE ORIGINAL UNITS OF THE CONTRACT OR BY AN
EXTENSION OR REDUCTION IN THE ORIGINAL LIMITS OF THE PROJECT.
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NO CLAIM FOR EXTRA COMPENSATION WILL BE ALLOWED FOR SUCH INCREASE OR
DECREASE IN THE VALUE OF THE CONTRACT NOT EXCEEDING TWENTY-FIVE PERCENT
(25%).
CHANGES IN THE ESTIMATED VALUE OF ANY MAJOR OR MINOR ITEM OF MORE THAN
TWENTY-FIVE PERCENT (25%) NOT CONSISTENT WITH THE ABOVE, OR CHANGES IN
EITHER TOTAL COST OR THE AMOUNT OF ANY ITEM MAJOR OR MINOR WHICH ARE THE
RESULTS OF MORE ACCURATE MEASUREMENTS AND ARE NOT DUE TO ANY CHANGE IN
PLAN OR IN CHARACTER OF THE WORK SHALL NOT BE CONSIDERED A BASIS OF DEMAND
FOR REVISION IN CONTRACT PRICE BY EITHER PARTY TO THE CONTRACT.
FOR ANY INCREASED OR DECREASED QUANTITIES, SETTLEMENT SHALL BE MADE FOR
THE ACTUAL AMOUNT OF WORK PERFORMED AT THE UNIT PRICES SHOWN IN THE
PROPOSAL FOR THE WORK UNDER CONSIDERATION.
ARTICLE 41. EXTRA WORK AND METHOD OF PAYMENT.
THE OWNER MAY AT ANY
TIME BY A WRITTEN ORDER, AND WITHOUT NOTICE TO SURETIES, MAKE CHANGES IN
DRAWINGS OR SPECIFICATIONS, WITHIN THE GENERAL SCOPE THEREOF. ANY EXTRA
WORK DONE PRIOR TO THE EXECUTION OF THE COUNTY'S STANDARD CHANGE ORDER
FORM BY THE CHAIRMAN OF THE BOARD OF SUPERVISORS IS DONE AT THE
CONTRACTOR'S TOTAL RISK AND WITH NO OBLIGATION ON THE PART OF THE COUNTY
TO PAY FOR THE WORK.
THE CONTRACTOR SHALL PERFORM UNFORESEEN WORK OR WORK WHICH MAY EXCEED
THE TWENTY-FIVE PERCENT (25%) STATED IN ARTICLE 40 OR WORK FOR WHICH THERE IS
NO PRICE INCLUDED IN THE CONTRACT, WHENEVER IT IS DEEMED NECESSARY OR
DESIRABLE IN ORDER TO COMPLETE FULLY THE WORK AS CONTEMPLATED. SUCH WORK
SHALL BE PERFORMED IN ACCORDANCE WITH THE SPECIFICATIONS AND AS DIRECTED
BY THE OWNER, AND WILL BE PAID FOR AS STIPULATED HEREINAFTER.
EXTRA WORK SHALL BE PAID FOR AT THE UNIT PRICES OR LUMP SUM AS AGREED TO BY
THE CONTRACTOR AND THE OWNER, OR IN LIEU OF SUCH AGREEMENT, THE OWNER MAY
REQUIRE THE CONTRACTOR TO DO SUCH WORK ON A FORCE ACCOUNT BASIS TO BE
COMPENSATED FOR IN THE FOLLOWING MANNER.
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(A) LABOR. FOR ALL LABOR AND FOREMEN IN DIRECT CHARGE OF THE
SPECIFIC OPERATIONS, THE CONTRACTOR SHALL RECEIVE THE RATE OF
WAGE (OR SCALE) AS SET FORTH IN HIS MOST RECENT PAYROLL ON WHICH
THE APPLICABLE CLASS OF LABOR AND FOREMEN WERE USED FOR EACH
HOUR OF REGULAR TIMES AND 1-1/2 TIMES SUCH RATES FOR OVERTIME
WHEN SUCH OVERTIME WORK IS AUTHORIZED, THAT SAID LABOR AND
FOREMEN ARE ACTUALLY ENGAGED IN SUCH WORK. IN THE EVENT THE
CLASS OF LABOR NEEDED HAS NOT BEEN EMPLOYED ON THE PROJECT,
MUTUALLY AGREED UPON RATES WILL BE ESTABLISHED, PROVIDED,
HOWEVER, THAT THE RATES SHALL CONFORM TO PREDETERMINED RATES
AUTHORIZED FOR THE PROJECT. AN AMOUNT EQUAL TO TEN PERCENT
(10%) OF THE SUM THEREFORE SHALL BE ADDED TO THESE RATES.
(B) BOND, INSURANCE, AND TAX, FOR PROPERTY DAMAGE, LIABILITY, AND
WORKMEN'S COMPENSATION INSURANCE PREMIUMS, UNEMPLOYMENT
INSURANCE CONTRIBUTIONS AND SOCIAL SECURITY TAXES ON FORCE
ACCOUNT WORK, THE CONTRACTOR SHALL RECEIVE AN AMOUNT EQUAL
TO TWENTY PERCENT (20%) THE BASE COST FOR LABOR.
(C) MATERIALS. FOR MATERIALS ACCEPTED BY THE OWNER AND USED, THE
CONTRACTOR SHALL RECEIVE THE ACTUAL COST OF SUCH MATERIALS
DELIVERED ON THE WORK, INCLUDING TRANSPORTATION, AND HANDLING
CHARGES PAID BY HIM (EXCLUSIVE OF EQUIPMENT RENTALS AS
HEREINAFTER SET FORTH), TO WHICH COST TEN PERCENT (10%) WILL BE
ADDED.
(D) EQUIPMENT. FOR ANY MACHINERY OR SPECIAL EQUIPMENT (OTHER THAN
SMALL TOOLS AND OPERATOR) INCLUDING FUEL, LUBRICANTS AND
REPAIRS, THE CONTRACTOR SHALL RECEIVE HOURLY RENTAL RATES
WHICH SHALL NOT EXCEED THE RENTAL RATES BASED ON 1/40TH OF THE
WEEKLY RATE OF THE CURRENT SCHEDULE PUBLISHED BY THE
ASSOCIATED EQUIPMENT DISTRIBUTORS (AED) PLUS TRANSPORTATION
COST FOR EQUIPMENT NOT ALREADY ON THE PROJECT. SUCH RATE WILL
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BE PAID FOR THE ACTUAL TIME THE EQUIPMENT IS IN OPERATION ON THE
FORCE ACCOUNT WORK.
THE RATES FOR LICENSED TRUCKS AND SPECIAL EQUIPMENT NOT LISTED
IN THE AED SCHEDULE USED ON THE FORCE ACCOUNT WORK SHALL NOT
EXCEED THE HOURLY RATE BEING PAID FOR SUCH TRUCKS AND
EQUIPMENT BY THE CONTRACTOR AT THE TIME OF THE FORCE ACCOUNT
AUTHORIZATION. IN THE ABSENCE OF SUCH RATES, THE PREVAILING
RATES BEING PAID IN THE AREA WHERE THE WORK IS CONTEMPLATED
SHALL BE USED.
(E) MISCELLANEOUS. NO ADDITIONAL ALLOWANCE WILL BE MADE FOR
GENERAL SUPERINTENDENCE, THE USE OF SMALL TOOLS, OR OTHER COSTS
FOR WHICH NO SPECIFIC ALLOWANCE IS HEREIN PROVIDED.
(F) COMPENSATION. THE COMPENSATION AS SET FORTH IN THIS SECTION
SHALL BE ACCEPTED BY THE CONTRACTOR AS PAYMENT IN FULL
INCLUDING PROFIT FOR EXTRA WORK DONE ON A FORCE ACCOUNT BASIS.
AT THE END OF EACH DAY THE CONTRACTOR'S REPRESENTATIVE AND THE
INSPECTOR SHALL COMPARE RECORDS OF THE COST OF WORK DONE AS
ORDERED ON A FORCE ACCOUNT BASIS.
(G) STATEMENTS. NO PAYMENT WILL BE MADE FOR WORK PERFORMED ON A
FORCE ACCOUNT BASIS UNTIL THE CONTRACTOR HAS FURNISHED THE
ENGINEER OR OWNER WITH DUPLICATE ITEMIZED STATEMENTS OF THE
COST OF SUCH FORCE ACCOUNT WORK DETAILED AS FOLLOWS:
1. NAME, CLASSIFICATION, DATE, DAILY HOURS, TOTAL HOURS, RATE
AND EXTENSION FOR EACH LABORER, AND FOREMAN
2. DESIGNATION, DATES, DAILY HOURS, TOTAL HOURS, RENTAL RATE,
AND EXTENSION FOR EACH UNIT OF EQUIPMENT
3. QUANTITIES OF MATERIALS, PRICES AND EXTENSIONS
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4 TRANSPORTATION OF MATERIAL
5. COST OF PROPERTY DAMAGE, LIABILITY AND WORKERS'
COMPENSATION INSURANCE PREMIUMS, UNEMPLOYMENT
INSURANCE CONTRIBUTIONS, AND SOCIAL SECURITY TAX
STATEMENTS SHALL BE ACCOMPANIED AND SUPPORTED BY RECEIPTED INVOICES FOR
ALL MATERIALS USED AND TRANSPORTATION CHARGES. HOWEVER, IF MATERIALS
USED ON THE FORCE ACCOUNT WORK ARE NOT SPECIFICALLY PURCHASED FOR SUCH
WORK BUT ARE TAKEN FROM THE CONTRACTOR'S STOCK THEN, IN LIEU OF THE
INVOICES, THE CONTRACTOR SHALL FURNISH AN AFFIDAVIT CERTIFYING THAT SUCH
MATERIALS WERE TAKEN FROM HIS STOCK, THAT THE QUANTITY CLAIMED WAS
ACTUALLY USED AND THAT THE PRICE AND TRANSPORTATION AND HANDLING
CLAIMED REPRESENT THE ACTUAL COST TO THE CONTRACTOR.
ARTICLE 42. WORK OUTSIDE REGULAR HOURS.
IF THE CONTRACTOR DESIRES TO
PERFORM WORK OUTSIDE THE REGULAR HOURS OR ON SATURDAY, HE SHALL REQUEST
PERMISSION TO WORK FORTY-EIGHT (48) HOURS IN ADVANCE TO ALLOW ARRANGE-
MENTS TO BE MADE FOR PROPER INSPECTION. THE OWNER MAY REFUSE THE
CONTRACTOR PERMISSION TO WORK IF THE 48-HOUR NOTICE IS NOT GIVEN OR FOR
OTHER JUST CAUSE. REASONABLE EFFORTS SHALL BE MADE BY THE CONTRACTOR TO
AVOID UNDUE NOISE DURING THE NIGHT AND ON SUNDAYS, IF IT IS NECESSARY TO
WORK AT SUCH TIMES. UNDER NORMAL CIRCUMSTANCES THE CONTRACTOR WILL NOT
BE PERMITTED TO WORK ON SUNDAYS OR COUNTY HOLIDAYS.
UNLESS SPECIFICALLY SCHEDULED TO WORK OUTSIDE NORMAL HOURS BY THE OWNER
IN THE INTEREST OF PUBLIC SAFETY OR CONVENIENCE, THE CONTRACTOR WILL BE
LIABLE FOR THE EXPENSE OF OVERTIME WORK REQUIRED BY COUNTY EMPLOYEES.
THIS EXPENSE INCLUDES BUT IS NOT LIMITED TO COUNTY EMPLOYEES' PERFORMING
INSPECTIONS OUTSIDE NORMAL WORKING HOURS AS WELL AS EMPLOYEES BEING
CALLED TO THE JOB SITE OUTSIDE NORMAL WORKING HOURS TO RESOLVE PROBLEMS
DIRECTLY RELATED TO THIS CONTRACT. NORMAL WORKING HOURS ARE DEFINED AS
8:30 A.M. TO 5:00 P.M. MONDAY THROUGH FRIDAY, EXCLUDING COUNTY HOLIDAYS.
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THE OWNER RESERVES THE RIGHT TO SCHEDULE THE CONTRACTOR TO WORK OUTSIDE
NORMAL WORKING HOURS IN THE INTEREST OF PUBLIC SAFETY OR CONVENIENCE. NO
CLAIM FOR ADDITIONAL COMPENSATION SHALL BE MADE BY THE CONTRACTOR WHEN
SUCH OCCASIONS OCCUR.
ARTICLE 43. DEDUCTIONS FOR UNCORRECTED WORK
. IF THE OWNER DEEMS IT
INEXPEDIENT TO CORRECT WORK DAMAGED OR NOT DONE IN ACCORDANCE WITH THE
CONTRACT, AN EQUITABLE DEDUCTION FROM THE CONTRACT PRICE SHALL BE MADE
THEREFOR.
ARTICLE 44. LIQUIDATED DAMAGES FOR DELAY AND EXTENSION OF THE TIME.
IF
THE CONTRACTOR SHALL FAIL TO COMPLETE THE WORK OR ANY PART THEREOF WITHIN
THE TIME STIPULATED IN THESE SPECIFICATIONS AND IN THE CONTRACT AGREEMENT,
OR AN APPLICABLE EXTENSION THEREOF, IT WILL BE DIFFICULT OR IMPOSSIBLE TO
ASCERTAIN THE ACTUAL DAMAGES FOR THE DELAY, AND IN LIEU THEREOF, THE
CONTRACTOR SHALL PAY TO THE OWNER AS FIXED AND AGREED, LIQUIDATED
DAMAGES FOR EACH CALENDAR DAY OF DELAY UNTIL THE DELAYED WORK IS
CORRECTED OR ACCEPTED, AN AMOUNT EQUAL TO THE CONTRACT PRICE DIVIDED BY
THE TOTAL NUMBER OF DAYS UNTIL FINAL COMPLETION PER DAY OF DELAY. THE
CONTRACTOR AND OWNER AGREE THAT THIS SUM IS PROPORTIONATE TO THE
PROBABLE LOSS AND IS NOT A PENALTY. THE CONTRACTOR EXPRESSLY WAIVES ANY
DEFENSE AS TO THE VALIDITY OF ANY LIQUIDATED DAMAGES STATED IN THESE
CONTRACT DOCUMENTS AS THEY MAY APPEAR ON THE GROUNDS THAT SUCH
LIQUIDATED DAMAGES ARE VOID AS PENALTIES OR ARE NOT REASONABLY RELATED TO
ACTUAL DAMAGES. IF, AFTER THE EXPIRATION OF THE TIME STIPULATED IN THESE
CONTRACT DOCUMENTS AND IN THE CONTRACT AGREEMENT, OR APPLICABLE
EXTENSION THEREOF, THE OWNER TERMINATES THE RIGHT OF THE CONTRACTOR TO
PROCEED AND DOES NOT ELECT TO COMPLETE THE WORK, LIQUIDATED DAMAGES
SHALL BE PAID AS ABOVE PROVIDED FOR EACH CALENDAR DAY AFTER THE TIME SO
STIPULATED, UNTIL THE EFFECTIVE DATE OF THE TERMINATION OF THE CONTRACTOR'S
RIGHT TO PROCEED. IF THE OWNER TERMINATES THE CONTRACTOR'S RIGHT TO
PROCEED AND ELECTS TO COMPLETE THE WORK AS PROVIDED ELSEWHERE IN THE
SPECIFICATIONS, LIQUIDATED DAMAGES SHALL BE PAID AS PROVIDED FOR EACH
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CALENDAR DAY AFTER THE TIME SO STIPULATED, OR APPLICABLE EXTENSION THEREOF,
UNTIL THE DELAYED WORK IS COMPLETED, PROVIDED THE OWNER EXERCISES DUE
DILIGENCE IN COMPLETING THE WORK. THE CONTRACTOR AND HIS SURETIES SHALL BE
LIABLE FOR ALL SUCH LIQUIDATED DAMAGES OCCURRING HERETOFORE DESCRIBED. IT
IS AGREED, HOWEVER, THE CONTRACTOR SHALL NOT BE CHARGED WITH LIQUIDATED
DAMAGES OR ACTUAL DAMAGES FOR DELAYS DUE TO CAUSES BEYOND HIS CONTROL
AND WITHOUT HIS FAULT OR NEGLIGENCE, INCLUDING BUT NOT RESTRICTED TO: ACTS
OF THE OWNER OR OF HIS EMPLOYEES, OR OF ANY OTHER CONTRACTOR EMPLOYED BY
THE OWNER; CHANGES ORDERED IN THE WORK; STRIKES; LOCKOUTS; FIRE; UNUSUAL
DELAY IN TRANSPORTATION; UNAVOIDABLE CASUALTIES; DELAY AUTHORIZED BY
OWNER PENDING LITIGATION AS PROVIDED BY ARTICLE 59.
NO SUCH EXTENSION SHALL BE MADE FOR DELAY OCCURRING MORE THAN SEVEN (7)
DAYS BEFORE CLAIM IS MADE IN WRITING TO THE OWNER. IN THE CASE OF A
CONTINUING CAUSE OF DELAY ONLY ONE CLAIM IS NECESSARY.
IF NO SCHEDULE OR AGREEMENT STATING THE DATES UPON WHICH DRAWINGS SHALL
BE FURNISHED IS MADE, THEN NO CLAIM FOR DELAY SHALL BE ALLOWED ON ACCOUNT
OF FAILURE TO FURNISH DRAWINGS UNTIL TEN (10) DAYS AFTER RECEIPT BY THE
ENGINEER OF A WRITTEN DEMAND FOR SUCH DRAWINGS.
ARTICLE 45. DAMAGES.
ANY CLAIM FOR DAMAGE ARISING UNDER THIS CONTRACT
SHALL BE MADE IN WRITING TO THE PARTY LIABLE WITHIN FIFTEEN (15) DAYS TIME OF
THE FIRST OBSERVANCE OF SUCH DAMAGE AND NOT LATER THAN THE TIME OF FINAL
PAYMENT EXCEPT AS EXPRESSLY STIPULATED OTHERWISE IN GUARANTEE OF WORK AS
IN THE CASE OF THE DEFECTIVE WORK OR MATERIALS, AND SHALL BE ADJUSTED BY
AGREEMENT OR LITIGATION AS PROVIDED BY ARTICLE 59.
ARTICLE 46. LIENS.
NEITHER THE FINAL PAYMENT NOR ANY PART OF THE RETAINED
PERCENTAGE SHALL BECOME DUE UNTIL THE CONTRACTOR, IF REQUIRED, SHALL
DELIVER TO THE OWNER A COMPLETE RELEASE OF ALL LIENS ARISING OUT OF THIS
CONTRACT, OR RECEIPTS IN FULL IN LIEU THEREOF, AND IF REQUIRED IN EITHER CASE
AN AFFIDAVIT THAT SO FAR AS HE HAS KNOWLEDGE OR INFORMATION THE RELEASES
AND RECEIPTS INCLUDE ALL THE LABOR AND MATERIAL FOR WHICH A LIEN COULD BE
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FILED; BUT THE CONTRACTOR MAY IF ANY SUBCONTRACTOR REFUSES TO FURNISH A
RELEASE OR RECEIPT IN FULL, FURNISH A BOND SATISFACTORY TO THE OWNER TO
INDEMNIFY THE OWNER AGAINST ANY LIEN. IF ANY LIEN REMAINS UNSATISFIED AFTER
ALL PAYMENTS ARE MADE, THE CONTRACTOR SHALL REFUND TO THE OWNER ALL
MONIES THAT THE LATTER MAY BE COMPELLED TO PAY IN DISCHARGING SUCH A LIEN,
INCLUDING ALL COST AND A REASONABLE ATTORNEY'S FEE.
ARTICLE 47. PAYMENTS WITHHELD.
THE OWNER MAY WITHHOLD OR, ON ACCOUNT
OF SUBSEQUENTLY DISCOVERED EVIDENCE, NULLIFY THE WHOLE OR PART OF ANY
PAYMENT TO SUCH EXTENT AS MAY BE NECESSARY TO PROTECT HIMSELF FROM LOSS
ON ACCOUNT OF:
(A) DEFECTIVE WORK NOT REMEDIED
(B) CLAIMS OR LIENS THAT HAVE BEEN FILED OR EVIDENCE INDICATING THAT
THERE IS REASONABLE CAUSE TO BELIEVE SUCH MAY BE FILED
(C) FAILURE OF THE CONTRACTOR TO PAY FOR LABOR OR MATERIALS, OR TO
MAKE PAYMENTS PROPERLY TO SUBCONTRACTORS
(D) A REASONABLE DOUBT THAT THE CONTRACT CAN BE COMPLETED FOR THE
BALANCE THEN UNPAID
(E) DAMAGE TO ANOTHER CONTRACTOR
(F) THE OWNER HAVING BEEN REQUIRED TO CORRECT DEFECTIVE WORK,
COMPLETE ANY WORK, PERFORM EMERGENCY WORK, OR PERFORM OTHER
WORK
(G) UNSATISFACTORY PROSECUTION OF THE WORK, INCLUDING FAILURE TO
FURNISH ACCEPTABLE SUBMITTALS, FAILURE TO MAKE ADEQUATE
PROGRESS TOWARDS COMPLETING THE WORK WITHIN THE CONTRACT
TIME OR FAILURE TO MAINTAIN THE WORK SITE AT ALL TIMES IN A NEAT,
ORDERLY, AND WORKMAN-LIKE APPEARANCE.
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(H) FAILURE TO KEEP NEAT, ACCURATE, AND COMPLETE SET OF "AS-BUILTS"
UPDATED ON A DAILY BASIS.
(I) FAILURE TO SUBMIT A DAILY PERFORMANCE RECORD IN SUITABLE
FORMAT.
WHEN THE ABOVE GROUNDS ARE REMOVED, PAYMENT SHALL BE MADE FOR AMOUNTS
WITHHELD BECAUSE OF THEM.
ARTICLE 48. THE OWNER'S RIGHT TO DO WORK
. IF THE CONTRACTOR SHOULD FAIL
TO PROSECUTE THE WORK OR FAITHFULLY PERFORM ANY PROVISIONS OF THIS
CONTRACT, IT SHALL BE CONSTRUED AS GROUNDS FOR THE OWNER'S RIGHT TO
PERFORM WORK. THE OWNER, HAVING DULY SERVED WRITTEN NOTICE TO THE
CONTRACTOR OF HIS INTENT TO PERFORM WORK, MAY REMEDY SUCH DEFICIENCIES
AFTER THREE (3) DAYS FROM DELIVERY OF SAID NOTICE TO THE CONTRACTOR. THE
COSTS INCURRED BY THE OWNER IN CORRECTING THE DEFICIENCY SHALL BE PAID FOR
BY THE CONTRACTOR.
ARTICLE 49. THE OWNER'S RIGHT TO TERMINATE CONTRACT
. IF THE CONTRACTOR
SHOULD BE ADJUDGED BANKRUPT, OR IF HE SHOULD MAKE A GENERAL ASSIGNMENT
FOR THE BENEFIT OF HIS CREDITORS, OR A RECEIVER SHOULD BE APPOINTED ON
ACCOUNT OF HIS INSOLVENCY, OR IF HE SHOULD PERSISTENTLY OR REPEATEDLY
REFUSE OR SHOULD FAIL, EXCEPT IN CASES FOR WHICH EXTENSION OF TIME IS
PROVIDED, TO SUPPLY ENOUGH PROPERLY SKILLED WORKMEN OR PROPER MATERIALS,
OR IF HE SHOULD FAIL TO MAKE PROMPT PAYMENT TO SUBCONTRACTORS OR FOR
MATERIALS OR LABOR OR PERSISTENTLY DISREGARD LAWS, ORDINANCES, OR THE
INSTRUCTIONS OF THE OWNER, OR OTHERWISE BE GUILTY OF A VIOLATION OF ANY
PROVISION OF THE CONTRACT, THEN THE OWNER, UPON THE CERTIFICATE OF THE
ENGINEER THAT CAUSE EXISTS TO JUSTIFY SUCH ACTIONS, MAY, WITHOUT PREJUDICE
TO ANY OTHER RIGHT OF REMEDY AND AFTER GIVING THE CONTRACTOR SEVEN (7)
DAYS WRITTEN NOTICE, TERMINATE THE EMPLOYMENT OF THE CONTRACTOR AND TAKE
POSSESSION OF THE PREMISES AND ALL OF THE MATERIALS, TOOLS, AND EQUIPMENT
THEREON AND FINISH THE WORK BY WHATEVER METHOD HE MAY DEEM EXPEDIENT.
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IN SUCH CASE THE CONTRACTOR SHALL NOT BE ENTITLED TO RECEIVE ANY FURTHER
PAYMENT UNTIL THE WORK IS FINISHED. IF THE UNPAID BALANCE OF THE CONTRACT
PRICE SHALL EXCEED THE EXPENSE OF FINISHING THE WORK INCLUDING
COMPENSATION FOR ADDITIONAL MANAGERIAL AND ADMINISTRATIVE SERVICES, SUCH
EXCESS SHALL BE PAID TO THE CONTRACTOR. IF SUCH EXPENSE SHALL EXCEED SUCH
UNPAID BALANCE THE CONTRACTOR SHALL PAY THE DIFFERENCE TO THE OWNER. THE
EXPENSE INCURRED BY THE OWNER AS HEREIN PROVIDED, AND THE DAMAGE INCURRED
THROUGH THE CONTRACTOR'S DEFAULT, SHALL BE CERTIFIED BY THE ENGINEER.
ARTICLE 50. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT.
IF
THE WORK SHOULD BE STOPPED UNDER AN ORDER OF ANY COURT, OR OTHER PUBLIC
AUTHORITY, FOR A PERIOD OF NINETY (90) DAYS, THROUGH NO ACT OR FAULT OF THE
CONTRACTOR OR OF ANYONE EMPLOYED BY HIM, OR IF THE ENGINEER SHOULD FAIL TO
ISSUE ANY ESTIMATE FOR PAYMENT WITHIN THIRTY (30) DAYS AFTER IT IS DUE, OR IF
THE OWNER SHOULD FAIL TO PAY THE CONTRACTOR WITHIN THIRTY (30) DAYS OF ITS
MATURITY AND PRESENTATION, ANY SUM CERTIFIED BY THE ENGINEER OR AWARDED
BY ARBITRATORS; THEN THE CONTRACTOR MAY, UPON SEVEN (7) DAYS WRITTEN
NOTICE TO THE OWNER AND THE ENGINEER, STOP WORK OR TERMINATE THIS CONTRACT
AND RECOVER FROM THE OWNER PAYMENT OF ALL WORK EXECUTED AND ANY LOSS
SUSTAINED UPON ANY PLANT OR MATERIAL AND REASONABLE PROFIT AND DAMAGES.
ARTICLE 51. REMOVAL OF MATERIALS AND EQUIPMENT.
IN THE CASE OF
ANNULMENT OF THIS CONTRACT BEFORE COMPLETION FROM ANY CAUSE WHATEVER
OR IN THE CASE OF ACCEPTANCE OF THE WORK AFTER COMPLETION, THE CONTRACTOR
WHEN NOTIFIED BY THE OWNER IN WRITING, SHALL WITHIN FIVE (5) DAYS AFTER
RECEIPT OF NOTIFICATION REMOVE ALL OR ANY PORTION AS DIRECTED OF HIS
EQUIPMENT AND MATERIALS FROM THE PROPERTY OF THE OWNER. SHOULD THE
CONTRACTOR BE UNABLE OR UNWILLING TO COMPLY WITH THE OWNER'S REQUEST,
THEN THE OWNER RESERVES THE RIGHT TO REMOVE AND/OR STORE SUCH EQUIPMENT
AND MATERIALS AT THE CONTRACTOR'S EXPENSE.
ARTICLE 52. ASSIGNMENT.
NEITHER PARTY TO THE CONTRACT SHALL ASSIGN THE
CONTRACT OR SUBLET IT AS A WHOLE WITHOUT THE WRITTEN CONSENT OF THE OTHER,
NOR SHALL THE CONTRACTOR ASSIGN ANY MONIES DUE OR TO BECOME DUE TO HIM
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HEREUNDER, WITHOUT THE PREVIOUS WRITTEN CONSENT OF THE OWNER. SUCH
CONSENT SHALL NOT BE UNREASONABLY WITHHELD.
ARTICLE 53. RIGHTS OF VARIOUS INTEREST.
WHEREVER WORK BEING DONE BY THE
OWNER'S FORCES OR OTHER CONTRACTORS IS CONTIGUOUS TO WORK COVERED BY THIS
CONTRACT, THE RESPECTIVE RIGHTS OF THE VARIOUS INTERESTS INVOLVED SHALL BE
ESTABLISHED BY THE OWNER, TO SECURE THE COMPLETION OF THE VARIOUS PORTIONS
OF THE WORK IN GENERAL HARMONY.
ARTICLE 54. SEPARATE CONTRACT.
THE OWNER RESERVES THE RIGHT TO LET OTHER
CONTRACTS IN CONNECTION WITH THIS WORK. THE CONTRACTOR SHALL AFFORD
OTHER CONTRACTORS REASONABLE OPPORTUNITY FOR THE INTRODUCTION AND
STORAGE OF THEIR MATERIALS AND THE EXECUTION OF THEIR WORK, AND SHALL
PROPERLY CONNECT AND COORDINATE HIS WORK WITH THEIRS.
IF ANY PART OF THE CONTRACTOR'S WORK DEPENDS FOR PROPER EXECUTION OR
RESULTS UPON THE WORK OF ANY OTHER CONTRACTOR, THE CONTRACTOR SHALL
INSPECT AND PROMPTLY REPORT TO THE OWNER ANY DEFECTS IN SUCH WORK THAT
RENDER IT UNSUITABLE FOR SUCH PROPER EXECUTION AND RESULTS. HIS FAILURE SO
TO INSPECT AND REPORT SHALL CONSTITUTE AN ACCEPTANCE OF THE OTHER
CONTRACTOR'S WORK, AS FIT AND PROPER FOR THE RECEPTION OF HIS WORK, EXCEPT
AS TO DEFECTS WHICH MAY DEVELOP IN THE OTHER CONTRACTOR'S WORK AFTER THE
EXECUTION OF HIS WORK.
TO INSURE THE PROPER EXECUTION OF HIS SUBSEQUENT WORK, THE CONTRACTOR
SHALL MEASURE WORK ALREADY IN PLACE AND SHALL AT ONCE REPORT IN WRITING
TO THE OWNER ANY DISCREPANCY BETWEEN THE EXECUTED WORK AND THE
DRAWINGS.
ARTICLE 55. SUBCONTRACTS.
THE CONTRACTOR SHALL, WITHIN TEN (10) DAYS AFTER
THE SIGNATURE OF THE CONTRACT, NOTIFY THE OWNER IN WRITING OF THE NAMES OF
SUBCONTRACTORS PROPOSED FOR THE WORK AND SHALL NOT EMPLOY ANY THAT THE
OWNER MAY WITHIN TEN (10) DAYS AFTER RECEIPT OF NOTIFICATION OBJECT TO AS
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INCOMPETENT OR UNFIT OR ANY THAT APPEAR ON THE HUD AREA OFFICE
CONSOLIDATED LIST OF DEBARRED, SUSPENDED, AND INELIGIBLE CONTRACTORS.
THE CONTRACTOR AGREES THAT HE IS AS FULLY RESPONSIBLE TO THE OWNER FOR THE
ACTS AND OMISSIONS OF HIS SUBCONTRACTORS AND PERSONS EITHER DIRECTLY OR
INDIRECTLY EMPLOYED BY THEM AS HE IS FOR THE ACTS OR OMISSIONS OF PERSONS
DIRECTLY EMPLOYED BY HIM.
WITH THE EXCEPTION OF SUBCONTRACTS FOR LESS THAN $10,000 EACH, AND
SUBCONTRACTS WITH A MANUFACTURER OR A FABRICATOR, ANY AGREEMENT
BETWEEN THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL REQUIRE OF THE
SUBCONTRACTOR A PAYMENT BOND WITH SURETY THEREON IN THE AMOUNT OF ONE
HUNDRED PERCENT (100%) OF THE WORK SUBLET TO THE SUBCONTRACTOR, WHICH
SHALL BE CONDITIONED UPON THE PAYMENT TO ALL PERSONS WHO HAVE AND FULFILL,
CONTRACTS WHICH ARE DIRECTLY WITH THE SUBCONTRACTOR FOR PERFORMING
LABOR AND/OR FURNISHING MATERIALS IN THE PROSECUTION OF THE WORK PROVIDED
FOR IN THE SUBCONTRACT, AND TO PAY THOSE PERSONS WHO FURNISH LABOR AND/OR
MATERIALS AS AFORESAID. IN THE EVENT THE CONTRACTOR FAILS TO REQUIRE SAID
BOND, ANY PERSON WHO HAS AND FULFILLS A CONTRACT DIRECTLY WITH SUCH
SUBCONTRACTOR IN PERFORMING LABOR AND/OR FURNISHING MATERIALS IN THE
PROSECUTION OF THE WORK PROVIDED FOR IN THE SUBCONTRACT SHALL HAVE A
DIRECT RIGHT OF ACTION AGAINST THE OBLIGORS AND SURETIES ON THE PAYMENT
BOND REQUIRED OF THE CONTRACTOR.
PAYMENTS TO SUBCONTRACTORS SHALL BE MADE IN ACCORDANCE WITH THE TERMS
OF VIRGINIA CODE SECTION 2.2-4354, WHICH ARE INCORPORATED HEREIN BY
REFERENCE.
NOTHING CONTAINED IN THE CONTRACT DOCUMENTS SHALL CREATE ANY
CONTRACTUAL RELATION BETWEEN ANY SUBCONTRACTOR AND THE OWNER.
ARTICLE 56. EMPLOYMENT DISCRIMINATION PROHIBITED
. IN ACCORDANCE WITH
SECTION 2.2-4311 OF THE CODE OF VIRGINIA, EVERY CONTRACT FOR GOODS OR SERVICES
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OVER $10,000 SHALL INCLUDE THE FOLLOWING PROVISIONS DURING THE PERFORMANCE
OF THIS CONTRACT.
(A) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR, SEX OR
NATIONAL ORIGIN EXCEPT WHERE RELIGION, SEX OR NATIONAL ORIGIN IS A BONA
FIDE OCCUPATIONAL QUALIFICATION REASONABLY NECESSARY TO THE NORMAL
OPERATION OF THE CONTRACTOR. THE CONTRACTOR AGREES TO POST IN
CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR
EMPLOYMENT, NOTICES SETTING FORTH THE PROVISIONS OF THIS NON-
DISCRIMINATION CLAUSE.
B) THE CONTRACTOR, IN ALL SOLICITATION 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 OR PURCHASE ORDER OF OVER $10,000 SO THAT THE
PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR.
FURTHER, ALL INDIVIDUALS OR FIRMS CONTRACTING WITH ISLE OF WIGHT COUNTY ARE
ENCOURAGED TO USE MINORITY BUSINESS ENTERPRISES AS SUBCONTRACTORS AND
SUPPLIERS TO THE FULLEST EXTENT POSSIBLE IN PROVIDING SERVICES OR PRODUCTS
TO ISLE OF WIGHT COUNTY.
ARTICLE 57. DRUG FREE WORKPLACE.
DURING THE PERFORMANCE OF THIS
CONTRACT, THE CONTRACTOR AGREES TO (I) PROVIDE A DRUG-FREE WORKPLACE FOR
EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, A STATEMENT NOTIFYING
EMPLOYEES THAT THE UNLAWFUL MANUFACTURE, SALE DISTRIBUTION, DISPENSATION,
POSSESSION, OR USE OF CONTROLLED SUBSTANCE OR MARIJUANA IS PROHIBITED IN THE
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LL BE TAKEN
AGAINST EMPLOYEES FOR VIOLATIONS OF SUCH PROHIBITION; (III) STATE IN ALL
SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF
THE CONTRACTOR THAT THE CONTRACTOR MAINTAINS A DRUG-FREE WORKPLACE; AND
(IV) INCLUDE THE PROVISIONS OF THE FOREGOING CLAUSES IN EVERY SUBCONTRACT
OR PURCHASE ORDER OF OVER TEN THOUSAND DOLLARS ($10,000), SO THAT THE
PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR.
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PERFORMANCE OF WORK DONE IN CONNECTION WITH A SPECIFIC CONTRACT AWARDED
TO A CONTRACTOR IN ACCORDANCE WITH THIS CHAPTER, THE EMPLOYEES OF WHOM
ARE PROHIBITED FROM ENGAGING IN THE UNLAWFUL MANUFACTURE, SALE,
DISTRIBUTION, DISPENSATION, POSSESSION OR USE OF ANY CONTROLLED SUBSTANCE
OR MARIJUANA DURING THE PERFORMANCE OF THE CONTRACT.
ARTICLE 58. INSURANCE.
CONTRACTOR SHALL PURCHASE AND MAINTAIN INSURANCE
WITH THE LIMITS OF LIABILITY NOT LESS THAN THE FOLLOWING AMOUNTS OR GREATER
WHERE REQUIRED BY LAW:
(A) WORKMAN'S COMPENSATION INCLUDING EMPLOYER'S LIABILITY
INSURANCE COMPLYING WITH STATE REQUIREMENTS. EMPLOYER'S
LIABILITY INSURANCE SHALL BE PROVIDED WITH A LIMIT OF NOT LESS
THAN $500,000 PER OCCURRENCE.
(B) COMMERCIAL GENERAL LIABILITY INSURANCE INCLUDING: PREMISES
AND OPERATIONS; INDEPENDENT CONTRACTORS' PROTECTION; PRODUCTS
AND COMPLETED OPERATIONS; BROAD FORM PROPERTY DAMAGE; AND
ENDORSEMENTS TO THE AGGREGATE LIMIT OF INSURANCE SPECIFYING
AGGREGATE APPLIES SEPARATELY TO EACH PROJECT AND EACH
LOCATION. THE GENERAL LIABILITY COVERAGE SHALL NAME THE
OWNER AND ENGINEER AS ADDITIONAL INSURED.
(1) LIMITS OF LIABILITY
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AGGREGATE LIMITS:
$2,000,000 PRODUCTS/COMPLETED OPERATIONS
$2,000,000 GENERAL AGGREGATE
COVERAGE A:
BODILY INJURY AND PROPERTY DAMAGE $1,000,0000 ANY ONE
OCCURRENCE
FIRE DAMAGE LIMIT $50,000 ANY ONE FIRE
COVERAGE B:
PERSONAL & ADVERTISING INJURY
$1,000,000 ANY ONE PERSON OR ORGANIZATION
COVERAGE C:
MEDICAL EXPENSE LIMIT $5,000 ANY ONE PERSON
(C) COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE:
(1) COMBINED SINGLE LIMIT
(BODILY INJURY & PROPERTY DAMAGE) $1,000,000 EACH
OCCURRENCE
(D) CONTRACTUAL LIABILITY:
(1) BODILY INJURY $1,000,000 EACH OCCURRENCE
(2) PROPERTY DAMAGE $1,000,000 EACH OCCURRENCE
$ 2,000,000 ANNUAL AGGREGATE
(E) CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS ISLE OF WIGHT
COUNTY, THE ENGINEER, CONSULTANTS OF THE ENGINEER, AND
EMPLOYEES OR AGENTS OF ANY OF THEM FROM ANY AND ALL LOSSES,
DAMAGES, CLAIMS, FINES, PENALTIES, SUITS AND COSTS, INCLUDING
INJURY OR DEATH OF ANY PERSONS, OR DAMAGE TO OR LOSS OF
PROPERTY, AS WELL AS FINES, ASSESSMENTS AND PENALTIES IMPOSED BY
ANY AUTHORITY WHICH ARISE OUT OF ANY VIOLATION OF LAW BY, AND
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ALL ACTS AND OMISSION OF THE CONTRACTOR, THE CONTRACTOR'S
AGENTS, EMPLOYEES, OR CUSTOMERS, OCCURRING IN CONNECTION WITH
THE PRODUCTS AND SERVICES COVERED HEREIN.
(F) COMMERCIAL UMBRELLA (EXCESS) LIABILITY
(1) LIMIT OF LIABILITY
AGGREGATE LIMIT: $3,000,000 PRODUCTS AND COMPLETED
OPERATIONS
COVERAGE A: BODILY INJURY AND PROPERTY
DAMAGE
$3,000,000 ANY ONE OCCURRENCE
COVERAGE B: PERSONAL & ADVERTISING INJURY
$3,000,000 ANY ONE PERSON OR
ORGANIZATION
RETAINED LIMIT: $10,000 ANY ONE OCCURRENCE OR OFFENSE
A CERTIFICATE EVIDENCING INSURANCE COVERAGE AS ABOVE SHALL BE PROVIDED BY
THE CONTRACTOR TO ISLE OF WIGHT COUNTY. THE COUNTY AND ITS CONSULTING
ENGINEERS SHALL BE NAMED AS ADDITIONAL INSURES UNDER GENERAL LIABILITY
COVERAGE; ENDORSEMENT OF SAME SHALL BE SUBMITTED WITH THE CERTIFICATE. IT
SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO KEEP SAID INSURANCE COVERAGE IN
FULL FORCE AND EFFECT UNTIL FINAL PAYMENT AND AT ALL TIMES THEREAFTER WHEN
CONTRACTOR MAY BE CORRECTING, REMOVING OR REPLACING DEFECTIVE WORK IN
ACCORDANCE WITH TERMS OF THIS AGREEMENT. SUCH CERTIFICATE SHALL PROVIDE
THAT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE SHALL BE GIVEN TO THE COUNTY
IN THE EVENT OF ANY CHANGE IN, OR CANCELLATION OF SUCH INSURANCE. ALL
INSURANCE SHALL BE WRITTEN BY INSURANCE COMPANIES LICENSED TO DO BUSINESS
IN THE COMMONWEALTH OF VIRGINIA.
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ARTICLE 59. PERFORMANCE BOND AND LABOR AND MATERIALS BOND
. THE
SUCCESSFUL BIDDER WILL BE REQUIRED TO FURNISH A PERFORMANCE BOND AND
LABOR AND MATERIALS BOND PAYABLE TO THE TREASURER OF ISLE OF WIGHT COUNTY,
EACH IN THE AMOUNT OF ONE HUNDRED PERCENT (100%) OF THE TOTAL AMOUNT OF
THE CONTRACT, AS A GUARANTEE FOR THE FAITHFUL PERFORMANCE THEREOF. SUCH
BONDS MUST BE FURNISHED TO THE COUNTY WITHIN TWENTY (20) DAYS AFTER
REQUESTED BY THE COUNTY. THE SUCCESSFUL BIDDER UPON FAILURE OR REFUSAL TO
FURNISH THE REQUIRED BONDS OR DEPOSIT WITHIN THE TIME SPECIFIED SHALL PAY TO
ISLE OF WIGHT COUNTY AS LIQUIDATED DAMAGES FOR SUCH FAILURE OR REFUSAL AN
AMOUNT EQUAL TO THE BID SECURITY DEPOSITED WITH BID.
ALL BONDS MUST BE FURNISHED BY SUCH SURETY COMPANY OR COMPANIES AS ARE
AUTHORIZED AND LICENSED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF
VIRGINIA.
ARTICLE 60. CONTRACTUAL CLAIMS.
CONTRACTUAL CLAIMS, WHETHER FOR MONEY
OR OTHER RELIEF, SHALL BE SUBMITTED IN WRITING NO LATER THAN SIXTY (60) DAYS
AFTER FINAL PAYMENT; HOWEVER, WRITTEN NOTICE OF
INTENTION TO FILE SUCH CLAIM SHALL HAVE BEEN GIVEN AT THE TIME OF THE
OCCURRENCE OR BEGINNING OF THE WORK UPON WHICH THE CLAIM IS BASED. ANY
NOTICE OR CLAIM SHALL BE DELIVERED TO EDDIE WRIGHTSON, DIRECTOR OF GENERAL
SERVICES, COUNTY OF ISLE OF WIGHT, P.O. BOX 80, ISLE OF WIGHT, VIRGINIA 23397 AND
SHALL INCLUDE A DESCRIPTION OF THE FACTUAL BASIS FOR THE CLAIM AND A
STATEMENT OF THE ACCOUNTS CLAIMED OR OTHER RELIEF REQUESTED. THE DIRECTOR
OF GENERAL SERVICES SHALL RENDER A DECISION ON THE CLAIM AND SHALL NOTIFY
THE CONTRACTOR WITHIN THIRTY (30) DAYS OF RECEIPT OF THE CLAIM. THE
CONTRACTOR MAY APPEAL THE DECISION OF THE DIRECTOR OF PUBLIC UTILITIES TO
THE COUNTY ADMINISTRATOR BY PROVIDING WRITTEN NOTICE TO THE DIRECTOR OF
PUBLIC UTILITIES WITHIN FIFTEEN (15) DAYS OF THE DATE OF THE DECISION. THE
COUNTY ADMINISTRATOR SHALL RENDER A DECISION ON THE CLAIM WITHIN SIXTY (60)
DAYS OF THE DATE OF RECEIPT OF THE APPEAL NOTICE AND SUCH DECISION SHALL BE
FINAL UNLESS THE CONTRACTOR APPEALS THE DECISION IN ACCORDANCE WITH THE
VIRGINIA PUBLIC PROCUREMENT ACT (VPPA). INVOICES FOR ALL SERVICES OR GOOD
PROVIDED BY THE CONTRACTOR SHALL BE DELIVERED TO THE COUNTY NO LATER THAN
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TIRTY (30) DAYS FOLLOWING THE CONCLUSION OF THE WORK OR DELIVERY OF THE
GOODS.
ARTICLE 61. LITIGATION.
IN ANY CLAIM OR DISPUTE BETWEEN THE PARTIES TO THIS
AGREEMENT, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH
THEREOF, THE PARTIES CONSENT TO THE JURISDICTION AND SOLE VENUE OF THE
CIRCUIT COURT OF ISLE OF WIGHT COUNTY, VIRGINIA.
ACCEPTANCE OF FINAL PAYMENT SHALL BE DEEMED A WAIVER OF CONTRACTOR'S
RIGHT TO FILE CLAIM FOR DISPUTE OR BREACH RELATING TO THIS AGREEMENT.
THE CONTRACTOR SHALL NOT CAUSE A DELAY OF WORK BECAUSE OF THE PENDING
LITIGATION PROCEEDINGS, EXCEPT WITH THE EXPRESS, WRITTEN CONSENT OF THE
OWNER OR WRITTEN INSTRUCTION FROM THE COURT.
ARTICLE 62. NON-APPROPRIATION.
NOTWITHSTANDING ANYTHING CONTAINED
HEREIN TO THE CONTRARY, THIS CONTRACT SHALL BE TERMINATED IF ALL OF THE
FOLLOWING EVENT SHALL HAVE OCCURRED:
(A) FUNDS ARE NOT APPROPRIATED FOR A SUBSEQUENT FISCAL PERIOD
DURING THE TERM OF THIS CONTRACT FOR THE ACQUISITION OF
SUBSTANTIALLY THE SAME FUNCTIONS AS PROVIDE FOR HEREIN, AND
WRITTEN NOTICE THEREOF IS GIVEN TO THE CONTRACTOR AT LEAST
THIRTY (30) DAYS PRIOR TO THE FIRST DAY OF SUCH SUBSEQUENT FISCAL
PERIOD OR WITHIN FIVE (5) DAYS OF THE APPROVAL OF THE FINAL BUDGET
FOR SUCH FISCAL YEAR, WHICHEVER OCCURS LATER.
(B) COUNTY HAS EXHAUSTED ALL FUNDS LEGALLY AVAILABLE FOR PAYMENT
UNDER THIS CONTRACT.
UPON SUCH TERMINATION, CONTRACTOR'S ONLY REMEDY SHALL BE TO TERMINATE THE
CONTRACT AT THE END OF THE FISCAL PERIOD DURING WHICH NOTICE IS GIVEN; AND
PAYMENT IN COMPLIANCE WITH THE CONTRACT FOR MATERIALS, GOODS, AND
SERVICES RENDERED THEREUNDER DURING THE FISCAL YEAR AT THE END OF WHICH
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TERMINATION OCCURS, WITHOUT PENALTY, TERMINATION, PROFIT OR OVERHEAD
EXPENSES OF ANY KIND, SHALL CONSTITUTE FULL PERFORMANCE ON THE PART OF THE
OWNER.
ARTICLE 63. SEVERABILITY.
IN THE EVENT THAT ANY PROVISION OR PORTION
THEREOF OF ANY CONTRACT DOCUMENT SHALL BE FOUND TO BE LEGALLY INVALID OR
UNENFORCEABLE, THEN SUCH PROVISION OR PORTION THEREOF, SHALL BE REFORMED
IN ACCORDANCE WITH APPLICABLE LAW. THE INVALIDITY OR UNENFORCEABILITY OF
ANY PROVISION OR PORTION OF ANY CONTRACT DOCUMENT SHALL NOT AFFECT THE
VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION OR PORTION OF THE
CONTRACT DOCUMENTS.
ARTICLE 64. AGREEMENT CONSTRUED UNDER VIRGINIA LAWS
. THE AGREEMENT
AND BOND GIVEN TO SECURE IT ARE TO BE EXECUTED AND PERFORMED IN THE
COMMONWEALTH OF VIRGINIA AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE COMMONWEALTH OF VIRGINIA.
END OF SECTION
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CHANGE ORDER FORM
CHANGE NO:
DATE: __________
PROJECT: __________________________________________
IFB NO.: ___________________________________________
CONTRACTOR: ______________________________________
The following changes are hereby made to the CONTRACT DOCUMENTS (Use Additional Sheets if
Necessary):
Original Contract Date: ................................................................................... _________
Original Contract
Price: .............................................................................................................. _________
.........................................................................................................................................
Amount of Prior Change Orders: ..................................................................... _________
This Change Order: ......................................................................................... _________
Cumulative Change Orders: ............................................................................ _________
(% of original contract amount) ...................................................................... _________
Revised Contract Amount: .............................................................................. _________
Reason for Change Order:
Original Contract completion date was: __________________________
The new completion date for all work is: __________________________
REQUIRED APPROVALS:
Submitted by: Contractor
Recommended by: Project Representative
Accepted by: General Services Director
Funds Available: Finance Director
Approved: _____________________ County Administrator
Any work done on this project prior to the execution of this change order by the County is done at the
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