IOW County Closed Sanitarty Landfill Seep Remediation System Abandonment IFB #15-4110-22
IFB # 15-4110-22
INVITATION FOR BID
DEPARTMENT OF BUDGET AND FINANCE
IOW County Closed Sanitary Landfill
Seep Remediation System Abandonment
Section A
(Submit with the bid)
Invitation for Bids (IFB) # 15-4110-22
Isle of Wight Closed Sanitary Landfill Seep Remediation System Abandonment
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 as identified to complete the construction of a seep remediation
system, more commonly known as a cap, over a portion of the existing IOW County landfill. In
particular, the work entails the removal of existing seep tanks, abandonment of existing seep piping,
import of clay and suitable fill materials, mass and fine grading, installation of two drainage outfall pipes
and associated outlet protection, and the continual protection of existing landfill gas vents and monitoring
appurtenances.
Bid Due: 3:00 PM., July 21, 2015
Contract Officer:
Michael Coburn, Sr., Purchasing Agent, Michael.coburn@isleofwightus.net
THE ENTIRE SECTION "A" SHALL BE SUBMITTED; AN ELECTRONIC COPY IS REQUISTED.
In compliance with this invitation for bids, and subject to all the conditions thereof, the undersigned offers, if this
bid is accepted within sixty (60) 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:
Table of Contents
Section A .................................................................................................................................................................. 1
Bid Due: 3:00 PM., July21, 2015 ...................................................................................................................... 2
PLANS: ..................................................................................................................................................................... 4
QUESTIONS:........................................................................................................................................................... 4
BID OPENING: ....................................................................................................................................................... 4
LIQUIDATED DAMAGES: ................................................................................................................................... 4
PRE-BID MEETING: ............................................................................................................................................. 5
AWARD: .................................................................................................................................................................. 5
BID FORM ............................................................................................................................................................... 7
SCHEDULE OF UNIT PRICES .......................................................................................................................... 10
CONDITIONS AND INSTRUCTIONS ............................................................................................................... 13
Section B ................................................................................................................................................................ 24
PERFORMANCE BOND ..................................................................................................................................... 25
PAYMENT BOND ................................................................................................................................................ 27
AGREEMENT ....................................................................................................................................................... 29
Section C ................................................................................................................................................................ 31
GENERAL CONDITIONS ................................................................................................................................... 32
INVITATION FOR BIDS
Contractor shall provide all labor, superintendence, materials, tools, equipment, and other ancillary items
necessary as identified to complete the construction of a seep remediation system including the
construction of a partial landfill cap. The work will generate a total disturbed area of approximately 0.5
acres with an estimated area of clearing and chipping of approximately 0.3 acres. The estimated volume
of suitable fill import is approximately 622 CY, as well as the import of approximately 151 CY of clay
material. 1,671 SY of fine grading, is also anticipated with this project. Demolition activities will include
the removal of 3 precast concrete tank sections and associated sampling weirs as well as the removal and
capping of 4 existing pipe stubs. New piping associated with this improvement consists of approximately
40 LF of 12” corrugated PE pipe. Temporary erosion and sediment control features include silt fence,
inlet protection, and a standard construction entrance.
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. The entire Section A, completed
and signed, shall be submitted. An electronic copy, either a CD, or on memory stick, is requested. Both
shall be in a sealed container addressed to:
Department of Budget and Finance
Isle of Wight County
17090 Monument Circle, Suite 137
Isle of Wight, VA 23397
PLANS:
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/ and on the State’s eVA website:
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
QUESTIONS:
Questions concerning this project must be in writing and addressed to the Contract Officer shown on the
cover page; 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 at 3:00 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 five
hundred dollars ($500.00) 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:
A pre-bid meeting is not being held.
Bids must be submitted on the designated Bid Form, signed by an authorized representative, delivered in
a sealed envelope bearing the Bidder's name, address, project name, acceptance date and time. An
electronic copy is requested and should be included with your submittal. 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.
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 sixty (60) days. At the end of sixty (60) 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.
No bid may be withdrawn for a period of sixty (60) 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 Total Sum as
shown on the Bid Form. The County reserves the right to award the two projects separately or in total.
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.
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
Isle of Wight Closed Sanitary Landfill Seep Remediation System Abandonment
Isle of Wight County IFB # 15-4110-22
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
complete all Work as specified or indicated in the Contract Documents for the Total Sum of
($ ).
Bidder agrees to begin the Work within ten (10) days of Notice to Proceed and that Final Completion
shall be within sixty (60) 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 sixty (60) 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:____________________________________________________________
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 or offeror is not required to be authorized by the State Corporation Commission:
______________________________________________________________________________
_____________________________________________________________________________________
_______________________________________________________________________
(An Individual, Partnership, or Non-Incorporated Organization)
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 venturer 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.)
SCHEDULE OF UNIT PRICES
Project: Isle of Wight Closed Sanitary Landfill Seep Remediation System Abandonment
_________________________________________________
IFB# 15-4110-22
Bid Submitted By:
Lump Sum Prices shall include the furnishing of labor, material, where specified, excavation, installation,
laying jointing, connecting, backfilling, testing and all incidental work called for in the Contract
Documents. In case of discrepancy, Unit Price will govern; if stated in words and figures, the price in
words shall govern.
ITEM Qty. Unit of Description Extended Price
Measure
1 1 LS Mobilization $ _________
2 0.3 AC Clearing and Chipping on Site $ _________
3 3 EA Remove Precast Structures/
Sampling Weirs $ _________
4 4 EA Removal and Capping of Pipe Stubs $ _________
5 1 EA Construction Entrance $ _________
6 1 EA Construction Turnaround $ _________
7 2 EA Inlet Protection $ _________
8 367 LF Silt fence $ _________
9 7 SY Class I Rip-rap Apron $ _________
10 622 CY Borrow Soil $ _________
11 1,671 SY Fine Grading $ _________
12 151 CY 18” Clay Cap $ _________
13 1,671 SY Erosion Control Blanket $ _________
14 2 EA 4” SDR 17 PE pipe coupling $ _________
15 38 LF 12” Corrugated PE Pipe $ _________
16 2 EA 12” Corrugated PE Coupling $ _________
ITEM Qty. Unit Description Extended Price
of Measure
17 328 LF Straw Wattle (9”) $ _________
18 302 SY Woven Geotextile $ _________
19 46 CY VDOT #1 Coarse Aggregate $ _________
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 20___. 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 construction of a landfill cap as
described in construction plans entitled Isle of Wight Closed Sanitary Landfill Seep Remediation
System Abandonment, IFB# 15-4110-22. 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 appear on the Treasury Department’s most
current list (Circular 570 as amended) and be authorized to transact business in the state where the project
is located.
CONDITIONS AND INSTRUCTIONS
Rev: 7/10/2015
1. Use of Form: 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-responsive. The County’s published specifications
shall supersede any additional writings submitted with the bid. Such additional writings shall be
clearly marked and noted as an exception.
2. Submittals: All bids shall be submitted sealed, plainly marked showing the bid number, date and
time. Section ‘A’ of the solicitation document is to be returned when submitting a bid. Failure to
The entire Section ‘A’ may result in a determination that the submittal is non-responsive. In
addition, a .pdf copy of your submittal is requested to be included in the package.
3. Late Bids: 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.
4. County Closures: 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.
5. Acceptance of Bid: Receipt of the bid by the County is not to be construed as an award or an
order to ship.
6. Offer/Acceptance: 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.
7. Withdrawal of Bids: 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.
8. Addenda: 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 the Commonwealth’s website,
http://eva.virginia.gov/. It is the bidder’s responsibility to check one of the websites or to
contact the Purchasing division prior to 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.
9. Governing Document: 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 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.
10. Award: 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 ‘Total Sum.’
11. Negotiation: 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.
12. Announcements: 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 the County’s web site: http://www.co.isle-of-wight.va.us/budget-and-finance/
13. County’s Rights: 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.
14. Cooperative Agreements: 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 participating jurisdictions. It is the contractor’s responsibility to notify the jurisdictions of the
availability of contract(s).
15. Prices: 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.
16. Corrections: 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.
17. Delivery: 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.
18. Samples: Samples, when requested, must be furnished free of expense, and upon request, if not
destroyed, will be returned at the bidder’s risk and expense.
19. Brand Names: 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 qualified by the provision “or equal.” If qualified by the provision “or equal”
the 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. It shall be in the County’s sole judgment if a substitute product offered is
an approved equal and acceptable.
20. Standard equipment: 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
accessories that are usually provided in the manufacturer’s stock model shall be furnished.
21. Silence of Specifications: 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.
22. Capacity of Bidder: 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.
23. Rights to Damages: 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.
24. Anti-collusion: 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.
25. Indemnification: The Contractor shall defend, indemnify and hold the County, and the County’s
employees, agents, and volunteers, harmless, from and against any and all damage claim,
liability, cost, or expense (including, without limitation, attorney’s fees and court costs) 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 against the County, the County’s employees, agents,
and 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 contractor or any of the Contractor’s officers, shareholders, 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 under worker’s compensation acts, disability benefit
acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph
shall survive the termination of the contract including any renewal or extension thereof.
26. Copyright Protection: 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 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.
27. Laws, Regulations: 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.
28. Alien employment: 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.
29. SCC Authorization: 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. Contractor’s License: 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
of the following notations as appropriate:
“Licensed Class A Virginia Contractor Number .”
“Licensed Class B Virginia Contractor Number .”
“Licensed Class C Virginia Contractor Number .”
31. Payment Terms: Payment terms shall be ‘Net 30’days, from the date of Contractor invoice
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 receipt of the contractor’s
correct invoice, or from the date of acceptable receipt of the goods and/or services, whichever is
latest.
The payment terms stated herein must appear on the contractor’s invoice. Failure to comply with
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.
The County prefers to make payment with the County’s Purchasing Card. Typically this enables
faster payments to the Contractor. Are you willing and able to accept this type of payment?
Yes____ No____
32. Default: 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.
33. Availability of Funds: A contract shall be deemed in force only to the extent of appropriations
available to each department for the purchase of such goods and/or services. The County’s
extended obligations on those contracts that envision extended funding through successive fiscal
periods shall be contingent upon actual appropriations for the following years.
34. Appeals Procedure: 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.
35. Faith-based Organizations: The County of Isle of Wight does not discriminate against faith-
based organizations.
36. Anti-Discrimination: 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.
37. Drug-Free Workplace: 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
or use of any controlled substance or marijuana during the performance of the contract.
38. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part
without the written consent of the County.
39. Independent Contractor: 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.
40. Scheduling and Delays: 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 federal permits, or for other reasons. The County shall not be required to pay any of the
Contractor’s 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 Contractor’s award amount. Notwithstanding the above, in construction
contracts, to the extent that an unreasonable delay is caused by the act or omissions of the County
due to causes within the County’s control, the above waiver or release shall not apply.
41. Governing Law: 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.
42. Severability: 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.
43. Termination for Convenience: 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
forth in Contractor’s Bid Proposal or as provided in this 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.
44. Termination for Cause: 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
default by certified mail/return receipt requested at the address set forth in Contractor’s
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.
45. Contact Prohibition: Direct contact with County departments other than Purchasing, on the
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.
46. Additional Conditions: 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 finding that the submittal is ‘non-responsive’ to the
bid, negating possibility of an award to that bidder. Contractual documents submitted by the
successful firm after an award will not be accepted.
47. Contractor Failure to Perform: Failure of the Contractor to perform the contract by reason of
the County’s non-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.
48. Conflict: 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.
49. Records and Inspection: 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 this contract. The Contractor’s
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 three (3) days’ notice to 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 or extension of this contract. The County’s employees, agents or authorized
representatives shall have access to the Contractor’s facilities, shall have access to all necessary
records and shall be provided adequate and appropriate work space, in order to conduct audits.
50. Rights and Remedies Not Waived: 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.
51. Entire Agreement: 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.
52. Conflicts of Interests: 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.
53. Responsibility of Contractor: The Contractor shall, without additional costs or fee to the
County, correct or revise any errors or deficiencies in his performance. Neither the County’s
review, 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 for all costs which are incurred by the County as a result of the Contractor’s
negligent performance of any of the services furnished under this Agreement.
54. Changes and Additions: 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
additions to this Agreement shall be made only by the full execution of the County’s standard
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
County’s execution of its standard Agreement change order form shall be at the total risk of the
Contractor and said work may not be compensated by the County.
55. Debarment Status: 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.
56. Safety: 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.
57. License Requirement: 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 of the Revenue’s Office.
58. Contractor’s Form: In cases where the County may accept the Contractor’s form agreement,
whereas certain standard clauses that may appear in the Contractor’s form agreement cannot be
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 agree that, notwithstanding any provisions appearing in the attached Contractor’s
form contract, the County’s contract addendum shall prevail over the terms of the Contractor’s
agreement in the event of a conflict.
59. Bidder Qualifications: 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:
o Evidence of collusion among bidders.
o Receipt of more than one bid on any project from an individual, or from a corporation.
This restriction does not apply to subcontractors
o Default on any previous contract.
o For unreasonable failure to complete a previous contract within the specified time or for
being in arrears on an existing contract without reasonable cause for being in arrears.
o Inability to perform as revealed by an investigation of the Bidder's financial statement,
experience and/or plant and equipment.
o Contractor does not meet project-specific requirements, as identified in the Contract
Documents
60. Pricing to be F.O.B. Destination – Freight Allowed: 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.
61. Contract Quantities: 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.
62. Competition Intended: It is the County’s intent that the Invitation for Bid (IFB) permits
competition. It shall be the bidder’s responsibility to advise the Buyer in writing if any 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.
63. Default on Taxes: 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.
I-24
Section B
(To be filled out and returned by Successful Bidder)
I-25
PERFORMANCE BOND
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, as described in the bid titled Isle of Wight Closed Sanitary
Landfill Seep Remediation System Abandonment, IFB# 15-4110-22.
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
performed Owner’s obligations there 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
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payments, and other funds provided by the Agreement to be paid to Contractor shall be paid to Surety at
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.
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PAYMENT BOND
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, described in the bid titled, Isle of Wight Closed Sanitary
Landfill Seep Remediation System Abandonment, IFB# 15-4110-22.
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-28
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.
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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 Isle of
Wight Closed Sanitary Landfill Seep Remediation System Abandonment, IFB# 15-4110-22, 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 Total Sum bid for a
sum of _______________ (the “Contract Sum”), subject to adjustment as provided in
said 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 ten (10) days of Notice to Proceed and
that final completion shall be within ninety (70) calendar days of Notice to Proceed.
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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 damages for each calendar day of delay until the delayed work is corrected or
accepted, an of $500 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: County of Isle of Wight, 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-31
Section C
(Drawings and Technical Specifications)
I-32
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
ARTICLE 10 DRAWINGS AND SPECIFICATIONS GC - 11
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
(A) THE "CONTRACT DOCUMENTS" 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.
(B) THE WORD "OWNER" IS USED TO DESIGNATE THE DULY CONSTITUTED
GOVERNMENT OF ISLE OF WIGHT COUNTY, VIRGINIA, ACTING THROUGH
THE PROPERLY AUTHORIZED REPRESENTATIVES.
(C) THE WORD "ENGINEER" 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.
(D) THE WORD "BIDDER" 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.
(E) THE WORD "CONTRACTOR" IS USED TO DESIGNATE THE PARTY OR
PARTIES CONTRACTING TO PERFORM THE WORK OR HIS OR THEIR HEIRS,
EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS.
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(F) THE WORD "SUPERINTENDENT" 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.
(G) THE TERM "SUBCONTRACTOR" 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.
(H) THE TERM "WORK" 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.
(I) THE WORD "PROJECT" SHALL MEAN THE ENTIRE CONSTRUCTION TO BE
PERFORMED AS PROVIDED IN THE CONTRACT DOCUMENTS.
(J) "PROJECT AREA" SHALL MEAN THE AREA WHERE WORK IS BEING
PERFORMED FOR ISLE OF WIGHT COUNTY, VIRGINIA.
(K) "WRITTEN NOTICE" 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.
(L) THE WORDS "AS DIRECTED," "AS REQUIRED," "AS PERMITTED," "AS
ALLOWED," OR PHRASES OF LIKE EFFECT OR IMPORT AS USED HEREIN
SHALL MEAN THAT THE DIRECTION, REQUIREMENT, PERMISSION OR
ALLOWANCE OF THE ENGINEER OR OWNER IS INTENDED, AND SIMILARLY
THE WORDS "ACCEPTED," "APPROVED," "REASONABLE," "SUITABLE,"
"PROPERLY," "SATISFACTORY," OR WORDS OF LIKE EFFECT OR IMPORT,
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UNLESS OTHERWISE PARTICULARLY SPECIFIED HERE, SHALL MEAN
ACCEPTABLE, APPROVED, REASONABLE, SUITABLE, PROPERLY OR
SATISFACTORY IN THE JUDGMENT OF THE ENGINEER OR OWNER.
(M) THE WORD "ADDENDUM" SHALL MEAN A MODIFICATION OF THE
CONTRACT DOCUMENTS ISSUED IN WRITING BY THE ENGINEER OR
OWNER PRIOR TO THE OPENING OF THE BIDS.
(N) THE TERM "FIELD ORDER" 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.
(O) THE TERM "CHANGE ORDER" 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.
(Q) THE WORDS "SUBSTANTIAL COMPLETION" 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.
(R) THE TERM "OR APPROVED EQUAL" PERTAINS TO THE USE OF MATERIALS
CURRENTLY ACCEPTED BY THE DEPARTMENT OF PUBLIC UTILITIES.
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ITEMS NOT CURRENTLY ACCEPTED MUST BE SUBMITTED FOR REVIEW
AND APPROVAL PRIOR TO INCORPORATION IN THE WORK.
(S) THE TERM "FORCE ACCOUNT" 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
MATTERS WHICH CAN IN ANY WAY AFFECT THE WORK UNDER THIS CONTRACT. NO
VERBAL AGREEMENT OR CONVERSATION WITH ANY OFFICER, AGENT OR EMPLOYEE OF
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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.
(A) THE TERM "SHOP DRAWINGS," AS USED HEREIN SHALL INCLUDE
FABRICATION, ERECTION AND SETTING DRAWINGS, MANUFACTURERS'
STANDARD DRAWINGS, SCHEDULES, DESCRIPTIVE LITERATURE,
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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.
ARTICLE 7. DISCREPANCIES. ANY DISCREPANCIES FOUND BETWEEN THE PLANS AND
SPECIFICATIONS AND SITE CONDITIONS OR ANY INCONSISTENCIES OR AMBIGUITIES IN
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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.
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
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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.
UNLESS OTHERWISE SPECIFIED, ALL MATERIALS SHALL BE NEW AND BOTH
WORKMANSHIP AND MATERIALS SHALL BE OF GOOD QUALITY. THE CONTRACTOR
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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.
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
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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
WORK. FROM THE INFORMATION PROVIDED BY THE OWNER, THE CONTRACTOR SHALL
DEVELOP AND MAKE ALL DETAIL SURVEYS NEEDED FOR CONSTRUCTION.
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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.
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
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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 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,
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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
WHENEVER IT IS, IN PREPARATION OR PROGRESS, AND THE CONTRACTOR SHALL
PROVIDE FOR SUCH ACCESS AND FOR INSPECTION.
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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
ANOTHER CONTRACTOR, AND IN THAT EVENT THE OWNER SHALL SEEK CORRECTIVE
ACTION FROM THE OTHER CONTRACTOR.
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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
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.
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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.
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
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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.
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
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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:
(A) ANY APPLICABLE STATUE OF LIMITATIONS SHALL COMMENCE TO RUN
AND ANY ALLEGED CAUSE OF ACTION SHALL BE DEEMED TO HAVE
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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:
(A) 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
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:
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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.
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%).
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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.
(A) LABOR. FOR ALL LABOR AND FOREMEN IN DIRECT CHARGE OF THE
SPECIFIC OPERATIONS, THE CONTRACTOR SHALL RECEIVE THE RATE OF
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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
BE PAID FOR THE ACTUAL TIME THE EQUIPMENT IS IN OPERATION ON THE
FORCE ACCOUNT WORK.
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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
4 TRANSPORTATION OF MATERIAL
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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 CALENDAR DAY AFTER THE TIME SO STIPULATED, OR APPLICABLE EXTENSION
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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
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EXPEDIENT. 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 DIFFER-
ENCE 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.
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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 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
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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 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.
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ARTICLE 56. EMPLOYMENT DISCRIMINATION PROHIBITED. IN ACCORDANCE WITH
SECTION 2.2-4311 OF THE CODE OF VIRGINIA, EVERY CONTRACT FOR GOODS OR
SERVICES 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
THE CONTRACTOR’S EMPLOYEES; (II) POST IN CONSPICUOUS PLACES, AVAILABLE TO
EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, A STATEMENT NOTIFYING
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EMPLOYEES THAT THE UNLAWFUL MANUFACTURE, SALE DISTRIBUTION,
DISPENSATION, POSSESSION, OR USE OF 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; (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.
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 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.
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(1) LIMITS OF LIABILITY
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
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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 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.
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ALL INSURANCE SHALL BE WRITTEN BY INSURANCE COMPANIES LICENSED TO DO
BUSINESS IN THE COMMONWEALTH OF VIRGINIA.
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 THE CONTRACTOR’S
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
I-72
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 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.
I-73
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
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
I-74
CHANGE ORDER FORM
CHANGE NO:
DATE:
PROJECT: ___________________________________________________________________
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: Construction Administrator
Accepted by: Engineering Division
Funds Available: Finance Director
Approved: _____________________ Chairman, Board of Supervisors
Any work done on this project prior to the execution of this change order by the County is done at the
contractor’s total risk and with no obligation on the part of the Isle of Wight County to pay for the work.
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C o n t r a c t D r a w i n g s F o r I N D E X O F D R A W I N G S
GENERAL
G-00COVER SHEET
SITE WORK
C-01NOTES AND LEGEND
C-02OVERALL SITE PLAN
C-03DEMOLITION AND EROSION CONTROL PLAN
C-04GRADING PLAN
C-05DETAILS
C-06DETAILS
Client Logo
Isle of Wight
Closed Sanitary
Landfill
Seep Remediation System
Abandonment Construction Plans
Project No.
01743-234903-018
Isle of Wight County, Vrginia
June 2015
NOTE: THE SIGNATURE ABOVE FULFILLS THE RLD
REQUIREMENTS FOR PLAN APPROVAL PURPOSES
ONLY. A SEPARATE/FINAL RLD WILL BE ASSIGNED
FOR THIS PROJECT BY THE SUCCESSFUL BIDDER
PRIOR TO VSMP AUTHORITY PERMIT ISSUANCE.
TOTAL AREA OF DISTURBANCE - 2434 SQ. YDS.
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PROJECT MANAGER
PROJECT NUMBER
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CLOSED SANITARY
LANDFILL
SEEP REMEDIATION
SYSTEM ABANDONMENT
CONSTRUCTION PLANS
Isle of Wight County
Virginia
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CLOSED SANITARY
LANDFILL
SEEP REMEDIATION
SYSTEM ABANDONMENT
CONSTRUCTION PLANS
Isle of Wight County
Virginia
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CONSTRUCTION PLANS
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DEMOLITION AND
EROSION CONTROL PLAN
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Virginia
GRADING PLAN
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Virginia
DETAILS
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DETAILS
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July 30, 2015
Mr. Bryan Conley, President
Conley Environmental Corporation
1249 Graver Lane
Chesapeake, VA 23322
Dear Mr. Conley:
This shall serve as Notice of Intent to Award the Isle of Wight Closed Sanitary Landfill Seep
Remediation System Abandonment, IFB #15-4110-22, to your firm in response to your bid
submittal of June 30, 2015, for the bid amount of $134,712.00.
You will find the form that you must fill out and send in Section B, of the Invitation for Bids. This
includes the required bonds, insurance, and Agreement. In addition you will need to supply
your insurance certificates and endorsements as required in Section A. If you require new
copies of these documents for any reason, please let me know by email. Once those documents
are returned and approved, we will schedule a preconstruction meeting, at which time we will
likely issue a Notice to Proceed.
From that time you will be expected to commence work within ten days.
Should you have further questions or need assistance in any manner, the County will be
pleased to speak with you.
Sincerely yours,
Michael Coburn
Purchasing Agent
Landfill Cap
IFB # 15-4110-22
July 21, 2015
Bidders
Conley
Environmental
Total Sum (A)
$134,712.00
BY: Date: 7/21/2015 TIME: __3:01________________
September 14, 2015
Mr. Bryan Conley, President
Conley Environmental Corporation
1249 Graver Lane
Chesapeake, VA 23322
Dear Mr. Conley:
This shall serve as Notice to Proceed relating to the Isle of Wight Closed Sanitary Landfill Seep
Remediation System Abandonment, IFB #15-4110-22, to your firm in response to your bid
submittal of June 30, 2015, for the bid amount of $134,712.00.
You may commence work on September 21, 2015 and finish work by December 21, 2015. After
that date should work not be finished the contract calls for Liquidated Damages of $500.00 per
day.
Should you have further questions or need assistance in any manner, the County will be
pleased to speak with you.
Sincerely yours,
Michael Coburn
Purchasing Agent
tto.2:2
DEPARTMENT OF AND FINANCE
Seep Remediation System Abandonnent
Sectlon A
Eubnit with the bid)
Is1fr'&wffHr
COUNTYVIIIIINIA
Invitation for Bids (IF'B) # 15-4110-22
Isl€ of Wight Closed Sanitary LandfiI Seep Remediation Syst€m Abandonm€nt
Sealed bids subject to the condilions and ;nstructions contained herein, will be received at the ofiice of the
Purchasing Ageni listed below, until the time and date shown below (local prevailins time), lbr tumishing the ilems
of services described herein.
SCOPE OF WORK: Contractor shall provide all labor, superintendence, materials, tools, equipment,
and other ancillary items necessa.ry as identified to complete the construction of a seep remediation
system, more commonly known as a cap, over a portion of the existing IOW County landfill. In
particular, the work entails the removal of existing seep tank, abandonment of existing seep piping,
import ofclay and suitable fill materials, mass and fine gading, insta,lation oftwo drainage outlall pipes
and associated outlet protection, and the continual protection of existing landfill gas vents and monitoring
aDDUnenances,
Bid Due:3:00 PM., July 21,2015
Contract Oflic€r:
Mi.h6el Cobum, Sr., Puchasing Agent, Michael.cobunr(i)islcolwidhLus.net
THE ENTIRE SECTION "A" SHALL BE SUBMITTEDi AN ELECTRONIC COPY IS REQUISTED.
ln compliance wilh this invitalion ibr bids, and subject 1o all the conditions thereof, the undersigned offers, if this
bid is accepted within sixly (60) calendar days from the date ofrhe opening, to fumish any or all ofthe irems and/or
services upon which prices are quot€d, at the price s€t opposite each ilem, to be delivered at the time and place
specified herein. The undersigned certilles he has r€ad, understands, and agre€s to all lerms, conditions, and
requirem€nts ofthis bid. and isauthorized to contraci on b€halfoffirm nam€d below,
Company Name:
Address:
City/State/Zip:
Telephone:
E-mail:
Print Nane:
Signature:
Title. President
Conley Envitonmental Corporation
1249 Graver Lane
Che6apeake, VA 23322
7 5',7 - 284-99'.7 5 FAXNo.. 856-519-4404
bconley@conleyenvironmental . com
DaE'7/21-/2oL5
Bryan Conley
Table of Gontents
Btd Duer 3:00 PM! July2l,2015.... ...........................2
SCHEDULE OF UNIT PRJCES ,.....,...................,..,..... .,.....,.................,..,...,...........10
CoNDITIONS AND INSTRUCTIONS............................... ..................,......,...........13
IWITATION FOR BIDS
Contractor shall provide all labor, superintendence, materials, tools, equipment, and other arcillary items
necessary as identified to complete the construction of a seep remediation system including the
construction of a partial landfill cap. The work will generate a total disturbed area of approximately 0.5
acres with an estimated area of clea.ring and chipping ol approximately 0.3 acres. The estimated volume
of suitable fill import is approximately 622 CY, as well as the import of approximately 151 Cy of clay
material. I,671 SY offine grading, is also anticipated with this project. Demolition activities willinclude
the removal of 3 precast concrete tank sections and associated sainpling weirs as well as the removal and
capping of4 existing pipe stubs. New piping associated with this improvernent consists of approximately
40 LF of 12" coffugated PE pipe. Temporary erosion ard sediment control features include silt fence,
inlet protection, and a standaxd construction enrrance.
Bids rece;ved prior to the opening time specified below shall bepublicly opened and read aloud at the
specified openiDg time in the IOWC Department of Budget and Finance. The entire Section A, completed
and signed, shall be submitted. An elechonic copy, either a CD, or on memory stick, is requested. Both
shall be in a sealed container addressed to:
Department ofBudget and Finance
Isle of Wight County
17090 Monument Circle. Suite 137
Isle of Wisht. VA 23397
PLANS:
Bid Documentt maJj be obtai ed orr the Isle of Wight websile uhdzr Budget and Fina ce:
httor/www.co.isle-of-wieht.va.us/budset-and-finance/ ando the St e's eVA website:
llttp://eva yifgi.njaiqov/, or from the Purchasing office at: Isle of Wighl County, Department of Budget and
Finance, I 7090 Monument C ircle, Suite I 37, Isle of Wight, Virginia, 23397
QUESTIONS:
Questions concerning this project must be in writing and addressed to the Contract Officef shown on the
cover page; and, must be received no laler than five (5) business days preceding the date that the bids are
accep[ed.
BID OPENING:
Bids shall be publicly opened and read aloud on the date that the bids are accepted. public opening will be
held at 3:00 PM. (local prevailing iime), in the Isle of Wight purchasing Office at: 17090 Monumenr
Circle, Isle of Wight, Vir9i a23397.
LIOUIDATED DAMAGES:
lfsaid 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 darnages, and not as a penalty, the amount offive
hundred dollars ($500.00) per ca.lendar day for each ard 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 Contracfor.
IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY T\?E OF DISABILIry IN
ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS
SOON AS POSSIBLE.
PRE-BID MEETING:
A pre-bid meeting is not being held.
Bids must be submitted on the dgsignated Bid Form, signed by an authorized reprcsentative, delivercd ina sealed envelope bearing the Bidder,s name, address, project name, acceptance date a.nd time. Anelectronic copy is requested and should be included wjth your submittal. Revisions, changes, ard
deletions contained in the bid documents musr be initialed by the Bidder. Failue to comply ;ith thisinstruction may result in the bid being deemed non-responsive.
Bidde* should carcfully examine the specifications ard fully inform themserves to all conditions anal
matters that could have an effect on the cost. should a Bidder find discrepancies in or omissions from the
specifications or lnvitation to Bid, or should be id doubt as to their meanhgs, he shall notiry prccuement
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 solicilation shall be valid for sixty (60) days. At the end of sixty (60) days, thebid rnay be withdrawn at the written request ofthe Bidder. lfthe 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 bf the County. That date may be delayed ifdeemed necessary by the Couni. Any revisioni
and/or amendments will be in rhe form ofan addendum ro this documenl
The right is reserved to accept or reject any or all bids in whole or in part and to waive any informalities
in the lFB, and to enter into any contract deerned to be in the best inter;st of IOwc and IwbS.
No bid may be withdrawn for a period of sixty (60) days after the date of opening of bids except in
accordance with Section 2.2-4330 ofthe Code ofVirginja" 1950, as amended. The Oiner as ContractingAuthority has selected Procedure (i) ofthe above cited section of the code. The Bidder will have twi
business days.afer the opening of bids withh which to claim in writing any mistake as defined in saidSection and withdraw his bid, provided such rnistake can be proved ftom the aontractor,s Work papers.
AWARD:
The Award will be given to the lowest responsive and responsible bidder based on the Total Sum asshown on the Bid Form. The County reserves the right to award the two projects separately or in total.
Date
l\J , l\
Bidder has examin€d copies of all the Bid Documents including drc folowing Addenda:
- Number
rvt N
Bidder has made suoh ind€p€ndent investigations as Bidder deefts necessary to firlly inform himselfas to
the corditiols affeotitrg cost and Eogress ofpfffonanc€ ofth€ Work
RE:
TO:
BID FORM
lsle of Wight County, Virginia
Director ofBudget and Finance
17090 Monument Circle, Suite 137
Post Office Box 80
lsle of Wight, Virginia 23397
Isle of Wight County, Virginia
Isle of Wight Closed Sanitary Landlill Se€p Remediation System Abandonm€nt
lsle of Wight County IFB I 15-4110-22
The undersigned Bidder,
Con ley Environmental Corporation
offers ard agrees, ifthis Bid is
accepted, to enter into an Agreement with the Owner in the form included in the Contract Documents to
complete all Work as specified or indicat€d in the Contract Documents for the Total Sum of
($ 134, ?12 . 00 ).
Bidder agrees to begin the Work within ten (10) days of Notice to Proceed and that Final Completion
shall be within sixty (60) calendar days ofNotice to Proceed. In submitting this bid, Bidder represents, as
more fully set forth in the Bid Docurnents, thal
Bidder has examined copies ofall the Bid Documents including the following Addenda:
Dde
N/A
Number
N/A
Bidder has exanined the site and locality where the Work is to be performed, the legal requirenents
(federal, State and local laws, ordinance, rules and regulations) and has made such independent
investigations as Bidder deems necessary tro lully infonn hinself as 10 the conditions affecting cost and
progress of performance ofthe Work.
Bid shall remain valid for a minimum period of sixty (60) days after the day of Bid Opening; Bidder
agrees to disposition of Bid S€curity as specified in the Instruction to Bidders.
The Method of Payment is invoice processing upon presentation with Terns ofNet 30 days. 5% retainage
shall apply.
Not more lhan fifty percent (50"/o) of the work shall be subconhacted and the amount of any
subcontractors proposed by the bidder in excess oflen percent (10%) oflhe bid price shall be identified
on the Bid Fonn.
subcontractor: Norge landworks ' --c
Subcontractor:
Bidders,shatl proiide a list ofat least three (3) references (1 each *om the last 3 construction projects).
Each reference shall include the name ofrhe organization, the complete mailing address, the name ofthe
contact person and teleDhone numbel
ORGANIZATION ADDRESS CONTACTPERSON TELEPHONECity of Norfolk; 810 Union St.
L Norfolk, VA 23510 Joe Merritt '751-664-4602
City of Chesapeake; f06 Ce
2. Chesapeake, VA 23322 Billy FenLress
Scott WhitehursE 7 5'7 - 449- s349
Bidder accepts all terms and conditions ofthe Contract Documents.
I certiry 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 understandins and
comprehension ofthe specifications is solely my responsibility; based on this, by my signature be]ow, I
waive all rights to fulure 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. ofthe Code ofVirginia(1950, as amended). Furthermore,l
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 lederal law and can result in fines. o;ison
sentences, and civil damage awards,
I certify that the bidder represented herein is eligible to bid whh respect to all applicable sections of State
and Local Government Conflict oflnteresX Acr, Section 2.2-3100 et seq. ofthe Code oiVirginia (1950, as
arnended).
I agree to abide by all conditions ofthis Bid and certify that l am authorized to sign this Bid.
SPSA; 1 Bob Foelfer Dtive
3. suffolk. vA 23434
Virginia Contractor No._]a5 - 12127'7 A
Signature
Pr,nr Bryan Cd
Stare Corporarion Cornrnission Identifi carion \o:
Or
Describe why the bidder or offeror is not required to be authorize d by the State Corporation Commission:
(An Individual, Parfnership. or Non-Incorporated Orqanizafion)
Type/Print
Name
Title
Name of Organizatiol
Business Address
Phone Number Fax No.
(A Corporrlion)
CorporationName Conley Envj.rofirental Corporation
Stateoflnoomoration Virginia
Person Authoriz€d to
Title Preeident
(Corporate Seal)
Attcst (secr€tary) ghana conley
Business Address 1249 Graver Lane; Chesapeake, \IA 23322
phone Number 757 -284-99'75 F6xNo.866-519-4404
(A Joipt Venture)
By (Signature)
Type/Pdrd Name
Title
Virginia Contrartor No,
Business Address
Phone Number Fax No,
By(Signature).
Typc/PdntNane
Virginia Contlaclor
Business Aaldress
Phone Nunb€r
(E&h joinr.venturcr murt sig!. Thc n@€of si$hg tucad irdividual, !..r!.rship aod copo.ation rhat i! a party !o the joinrndrotcd.bove.)
SCHEDULE OF UNIT PRICES
Project: Isle of Wight Closed Sanitary Landfll Se€p Remealiation Syst€m Abandodment
lFB* lt4l10-22
Bid Submitted By:Conley Environmental Corporacion
Lump Sum Prices shall include the fumishing of labor, material, where sp€cified, excavation, installatior!
laying jointing, connecting, bacldillingr testing and all incidental work calted for in the Contract
Documents. In case of discrepancy, Unit Price will govern; if stated in words and figures, the price in
words shall govern.
ITEM Qty. Unitof Delcription Extetrd€d price
$
$
-ll
2 0.3
M€asure
LS
AC
EA
Mobil ization
Clearing and Chipping on Site
Remove Preoast StI ucturev
Sampling Weirs
Removal and Capping ofPipe Stubs
Construction Enfance
Constuction Turnaround
Inlet Protection
Silt fence
Class I Rip{ap AFon
Bonow Soil
Fine Grading
18" Clay Cap
Erosion Contol Blanket
4" SDR 17 PE pipe coupling
12" Conugated pE pipe
12" Conugated PE Coupling
$
$
$
$
$
$
$
$
$
$
s
$
$
$
14,950
!
!
L
E
9.
10
.LI
12
l3
U
15
16
4EA
lEA
IEA
2EA
361 LF
?SY
622 CY
1,6?l SY
151 CY
1,671 SY
2EA
38 LF
2EA
1,590
2,954
2,43A
26 t 514
10,158
74,!26
2,990
230
ITEM Qty. Unit Description
of Messure
Extetrd€d Price
17 328
.18 302
.19 46
LF
SY
CY
Straw Wattle (9)
Woven Geotextile
\DOT #l Coarse Aggregate
$
$
$
1,840
955
3 ,734
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS, that w€, the undersigned, conrey Envtrenne.t.r corFor.rion
as Principal, and qnitgdjE!9{gr9!rje!!r4r , as Surety, are hereby held and firmlybound unro Isle- of Wight Counry as Own€r in the penal sum of i!'&iT:t,-d-*rrd- - fol pa).rnent ofwltich, w€ll and truly tote made, we hercby jointly and severally bind ourselue", "uccessor. urro assrgr,".
Signed. this-?jqdayof Jlry 20 r s . The condition of the above obligation is such thar
whereas the Principal has submitted to lsle of Wight County a certain BID, attached hereto and hereby
made.a part thereofto mter into an Agreement in writing, for the consfuction ofa lanilfill cap asdescribed in construction plans entitled Isle of Wight Closed Sanitary Landfill S€ep Remediation
System Abandonment, IFB# 15-4110-22. Details showr) on plans.
NOW THEREFORE,
(a) Ifsaid BID shall be r€jected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver an Agreement in theform attached hereto (properly completed in accordalc€ with said BID) and shall furnish aBOND for his faithful performance of said Agreem€nt, and fbr the payment of all persons
performing labor or fumishing materials in connection therewith, and shall in all respects perform
the Ageement 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 a$eed thatthe liability of the Surety for any and all ctaims hereunder shall, in no event, exceed ihe penal
amount 01'this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Suety and jts
Bond shall be in no way impaired or aflected by any extension of the time within which the OWNER mav
accept such BID; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Suiety have hercutto set their hands and seals, and suchof them as are corporations have caused their corpomte seals to be hereto affixed and these presents to be
signed by their proper of6cers, the day and year firct set forth above.
Surety unfted at.re. su.€ty conpany
current list (Circular 570 as amended) ard be authorized to fansact business ir the state wherc rnc Drotecr
is located.
POWER OF ATTORNEY
AMf,RICAN CoNTRAcroRs INDf,MNITY coMPANy uNrrED sTATrs SuRf,Ty CoMpANy u.S. spf,crALTy INsuRANcE CoMpANy
KNOW ALL MEN BY THESE I'RESENTST Thal Anerican Conlractors Indemnity Company, a Califomia corporation, United StatesSuety Compantr, a Maryland corpo.ation and U.S. Specjalty Insurance Company, a Texas corporalion (coltectively, the"Companies"). do by these presents make, constitu& ano apDorm:
Mark C. Bundy, William E. Cr$wtey, Trmhy A. Ward, Terri K. Strarvhlnd, Kathryn Snetr
ils true and lawtul Altorney(s)-in-fact, each h their separate capaciry ifmore than one is namcd aborc. $ith ru po${ ajrd a rhnflrfherebv confered in ts name, place and stead, to execute, acknowledge nnd deliver any and a bonds, rccognizmccs, und*taking'.sor otlernNtrumsts or contracts of surctyship,to ircludc rid€n, ameDdlnents, and coDsents of surcly, providing the Do;lpenrlt does not cxcecd .-ihi" po*", olAn*n"y,h ,lllf,:lJl#H5*."",,,;authority ollhc following rcsolutions adopred by rtrc Boards ofD;ectors ofthe Companics:,. ,7 ,tdv,/r,4 rtDr dre PNid{(po$eInnd]Libo.lyloappoidantoneormo.cn1ilablenc6ons.5^to'Icy('.]n|]]d1orprscnland]di.o'andotbeha|l;|lcc(
ht thc (lorporarc Sc.rcury.
rfy bord orundcnaking lo whrh ir isltlrh.d
IN wlTNEss wlllltuO!'. Thc ConrD.nics havc causcd this insrfunrcDr to bc signcd and the; corpordre sc{ts to bc hercl().tfixcd, lhislolh dny ol Dcccmbcf.2012.
AMITRIcAN CoN-lllacl{)Rs INDttMNITY CoMPANy UNIIEr)Sr' TEssuRti-tyC()MI,ANy u.s. SntctALt.y INsuRANcti C()MI,ANy
=>-tr(-2I)inicl l'. Aruihr. \ i.c I'r(sid.nl
count)' ol l.os ng.lcs SS:
()r I01h day ol Dcecmbcr. 20I2. belbrc me, vrDcs$ WrighL. a Dot.'y public, porsonally appcnrcd Danicl I,. Aguilo. vicc presidcDt ot'A,lcrican coDLrac(rs lndennnty Conrprny. unncd stares surcry Colnpany arid U.s. spciratry rnsuu."c conrpiny wro froved L(r ne
on thc basis ofsalisttctory cvidcnce to be lhc pcrcon whosc oanre is subscfibcd ro the $'irhin instruncr! and ircknowtcdgcd lo nrc thalhc exccutcd tlre same in his ltdrorized capacity, and lhat by his signalurc on the instrrnlcnt lhc persoD(s). or rhe enriL) ;pon beha| ot'which thc perso (s) ltctcd, execuled Lhc inslrunrenl
1 cerlily undcr I'HNALTY OIr Pl.ll{JURY und$ 1he laws ofthe Slate
W:TNDSS mv hand and officialscal
ol CaUlbrnia tfial the folcsoiDs paragraph is trLre and corccl
I, Jeannie Lee. Assinant Sccrctary ofAmcrican Contraclors Inderrnity Companl. United States Surcly Conpany dnd ti.S Specialytnsumnce Company, do hcrcb) certil-\ that thc above and fo.egoing is a l.uc and correct copy of a Porer ol Atorney. erecutetl by
said Conrpanies, which is siill in full ibrce and effecl: furihcmorc. the resolutions ofthc Boards ofDircctors. ser out ir the powcr ofAttorney are in full tbrce and cffeci.
ln w ihss w hereo f. I hd e l€reuntu sur m, hand
"nd affixed rhc scals of said companies at Los Angeles, california thi, :,1 | ltri.r -J-ll_..?el5
(seal)
#'i'ffi ant Secretarye-a N". S,d $""c,1AgencyNo.' 12214
.."...trii1l!112