Armstrong High School ADA Accessible Pathway to Greenhouse PROJECT MANUAL & SPECIFICATIONS

Transcription

1 Armstrong High School ADA Accessible Pathway to Greenhouse PROJECT MANUAL & SPECIFICATIONS CRA PROJECT NO / RPS IFB NO February 20, 2014

2 VOLUME I PROJECT MANUAL AND TECHNICAL SPECIFICATIONS FOR ARMSTRONG HIGH SCHOOL ADA ACCESSIBLE PATHWAY TO GREENHOUSE FOR THE Richmond Public Schools Department of Plant Services 2907 North Boulevard Richmond, VA CRABTREE, ROHRBAUGH & ASSOCIATES ARCHITECTS 250 West Main Street, Suite 200 Charlottesville, Virginia Phone (434) Fax (434) East Winding Hill Road Mechanicsburg, Pennsylvania Phone (717) Fax (717) ARCHITECT S PROJECT NO RPS INVITATION NO

3 TABLE OF CONTENTS PROJECT MANUAL BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT SECTION ARCHITECT S CERTIFICATION SECTION COPYRIGHT SECTION INVITATION FOR BIDS SECTION PRE-BID QUESTIONAIRE FORM SECTION BID FORM SECTION BID BOND SECTION FORM OF THE CONTRACT SECTION CHANGE ORDERS FOR CONSTRUCTION SECTION GENERAL CONDITIONS OF THE CONTRACTOR SECTION AFFIDAVIT OF PAYMENT OF CLAIMS_EXH - B SECTION SUBCONTRACTOR S WAIVER_EXH - C SECTION CONTRACTOR S EMPLOYMENT PROFILE_EXH - D SECTION MINORITY BUSINESS/PARTICIPATION COMMITMENT FORM_EXH E SECTION CERTIFICATION OF CRIMES AGAINST CHILDREN_EXH - F SECTION CERTIFICATION OF INTERESTS & RELATIONSHIPS WITH SCHOOL BOARD AND RICHMOND PUBLIC SCHOOLS EMPLOYEES_EXH - G SECTION APPLICATION AND CERTIFICATE FOR PAYMENT (AIA DOCUMENT G702) SECTION CONTINUATION SHEET (AIA DOCUMENT G703) SECTION RICHMOND PUBLIC SCHOOLS CERTIFICATE OF INSURANCE_EXH - H SECTION PERFORMANCE BOND SECTION PAYMENT BOND DIVISION 1 GENERAL REQUIREMENTS SECTION SECTION SECTION SECTION SECTION 01300a SECTION 01300b SECTION SECTION SECTION SECTION SECTION 01631a SECTION SECTION SECTION SECTION SECTION SUMMARY OF WORK MODIFICATION PROCEDURES PROJECT MEETINGS SUBMITTALS SUBMITTALS CRA COVER SHEET RFI CRA FORM CONSTRUCTION PROGRESS DOCUMENTATION QUALITY REQUIREMENTS TEMPORARY FACILITIES & CONTROLS SUBSTITUTIONS SUBSTITUTION CRA FORM CONTRACT CLOSEOUT PROJECT RECORD DOCUMENTS OPERATION & MAINTENANCE DATA SELECTIVE DEMOLITION WARRANTIES Richmond Public Schools TOC - 1 Armstrong High School Accessible Pathway to Greenhouse Table of Contents CRA Project No February, 2014

4 TABLE OF CONTENTS GENERAL CONSTRUCTION DIVISION 3 - CONCRETE SECTION CAST-IN-PLACE LIGHTWEIGHT CONCRETE DIVISION 4 MASONRY SECTION UNIT MASONRY ASSEMBLIES DIVISION 5 METALS (NONE) DIVISION 7 THERMAL AND MOISTURE PROTECTION SECTION SECTION SECTION TRAFFIC BEARING ELASTOMERIC COATING EPDM SINGLE-PLY MEMBRANE FLASHING JOINT SEALANTS DIVISION 8 DOORS AND WINDOWS SECTION SECTION SECTION STANDARD EXTERIOR STEEL DOORS AND FRAMES DOOR HARDWARE GENERAL GLAZING DIVISION 9 - FINISHES SECTION SECTION RESILIENT TILE FLOORING PAINTING DIVISION 10 - SPECIALTIES (NONE) DIVISION 13 SPECIAL CONSTRUCTION SECTION ALUMINUM GREENHOUSE SYSTEM DIVISION NOT USED Richmond Public Schools TOC - 2 Armstrong High School Accessible Pathway to Greenhouse Table of Contents CRA Project No February, 2014

5 PAYMENT BOND N.B. Where a firm gives bond, all members of the firm should sign individually KNOW ALL MEN BY THESE PRESENTS, that we, Principal, and, Surety of Sureties, are held and firmly bound unto the School Board of the City of Richmond, Virginia, Owner and to the persons performing labor and furnishing materials to the Principal in the just and full sum of Dollars; to the payment whereof, well and truly to be made to the said School Board of the City of Richmond, Virginia, or those entitled by provision of law thereto, we bind ourselves and each of us, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bound did, on the day of, 20, enter into a contract with the School Board of the City of Richmond, Virginia for which contract is by reference thereto hereby expressly made a part of this bond. Now, therefore, the condition of this obligation is such that if the Principal shall pay all persons who have and fulfill, contracts which are directly with the Principal for performing labor or furnishing materials in the prosecution of the work provided for in said contract, then this obligation shall be null and void; otherwise it shall remain in force and effect. Provided, that any alterations which may be in the terms of this contract, or in work to be done under it, or the giving by the Owner of any extension of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alterations, extension or forbearance being hereby waived. Signed and sealed this day of, 20. IF A CORPORATION OTHER THAN A CORPORATION President APPROVED AS TO FORM: Attest: Attorney-in-Fact (SEAL) Countersigned: School Board Attorney Secretary (Affix Corporate Seal) Resident Agent Richmond Public Schools EXH-J Armstrong High School Accessible Pathway to Greenhouse Payment Bond CRA Project No February, 2014

6 (Acknowledgement-Individual or Firm Principal) (Acknowledgement-Corporate Principal) STATE of STATE of of To-wit: of To-wit: I,, a I,, a Notary Public in and for the Notary Public in and for the aforesaid in the State aforesaid, do certify that aforesaid in the State aforesaid, do certify that whose name signed to the foregoing bond whose name as and respectively, of bearing date the day of, are signed to the foregoing bond 20, personally appeared before me in my bearing date the day of, and State aforesaid and acknowledged the same as act and deed. Personally appeared before me in my and State aforesaid and acknowledged the same in behalf of the said corporation, as its act and deed. My commission expires the day of, 20. Given under my hand this day of, 20. My commission expires the day of, 20. Given under my hand this day of, 20. Notary Public Notary Public (Affidavit and Acknowledgement of Surety) STATE OF of To-wit: I,, a Notary Public in and for the and State aforesaid, do certify that whose name is signed to the foregoing bond bearing date the day of, 20, personally appeared before me in my and State aforesaid made oath that he is of ; that he is duly authorized to execute the foregoing bond by virtue of a certain power of attorney the said company dated the day of, 20, and recorded in the Office of the Clerk of the Court of the of Virginia, in Deed book page ; that the said Power of Attorney has not been revoked; and that the said company has complied with all requirements of law regulating such companies in the transaction of business in the State of Virginia. And the said thereupon, in the name on behalf of the said Company, acknowledge the foregoing bond as its act and deed. My commission expires the day of, 20. Given under my hand this day of, 20. Notary Public Richmond Public Schools EXH-J Armstrong High School Accessible Pathway to Greenhouse Payment Bond CRA Project No February, 2014

7 RICHMOND PUBLIC SCHOOLS ARMSTRONG HIGH SCHOOL ACCESSIBLE PATHWAY TO GREENHOUSE ARCHITECT S CERTIFICATION: (SEAL) OWNER: Richmond Public Schools 2907 North Boulevard Richmond, Virginia Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Architect s Certification CRA Project No February, 2014

8 COPYRIGHT All reports, construction documents, and computer files relating to this project are the property of Crabtree, Rohrbaugh & Associates. Crabtree, Rohrbaugh & Associates retains all common law, statute and other reserved rights including the copyright thereto. Reproduction of the material herein or substantial use without written permission of Crabtree, Rohrbaugh & Associates violates the copyright laws of the United States and will be subject to legal prosecution Crabtree, Rohrbaugh & Associates Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Copyright CRA Project No February, 2014

9 ARMSTRONG HIGH SCHOOL ACCESSIBLE PATHWAY IFB Sealed bids will be received by Richmond Public Schools, at The Department of Purchasing, 2395 Hermitage Road, Richmond, Virginia until 2:30 p.m., local prevailing time, March, 19, 2014 for the ADA Accessible Pathway to the Armstrong High School Greenhouse, located at 2300 Cool Lane, Richmond, VA The bids will be opened publicly and read aloud beginning at 2:30 p.m., local prevailing time, on March, 20 (next day), 2014, at the same location. Bidding documents for the referenced project IFB / CRA 2744 are available through the Richmond Public Schools Division of Purchasing. Bidders are advised to access the RPS website at for a copy of the IFB, addenda, if any, and any additional information regarding the IFB, addenda (if any) and any additional informational regarding this IFB, prior to the submission of their bid. Bidding Documents may also be viewed at the following locations: Crabtree, Rohrbaugh & Associates, 250 West Main Street, Suite 200, Charlottesville, VA McGraw Hill / Dodge Scan, 3315 Central Ave., Hot Springs, AR Reed Construction Data, 30 Technology Parkway South, Suite 500, Norcross, GA The Builders Exchange of Richmond, 3207 Hermitage Road, Richmond, VA Valley Construction News, 308 Turner Road, Suite D, Richmond, VA isqft Plan Room, 100 Aragona Blvd, Suite 103, Virginia Beach, VA The Blue Book, 800 E. Main Street, Jefferson Valley, NY Metro Business League, 115 E Marshall Street, Richmond, VA Greater Virginia Contractor s Association, 2406 Chamberlayne Avenue, Richmond, VA Central Virginia Contractors and Business Assoc., 501 East Franklin Street, Suite 212, Richmond, VA Black Business Alliance, 1621 Kemper Street, Richmond, VA A pre-bid conference will be held at Armstrong High School, 2300 Cool Lane, Richmond, VA at 3 PM, March 6, All Class A General Contractors desiring to submit a bid must attend the mandatory Pre-bid conference. Please report to the school administration front office. All questions pertaining to the bidding documents, technical sections, legal documents, and bid submission shall be directed in writing to: Merle Taylor, Purchasing Officer, Richmond Public Schools, mtaylor@richmond.k12.va.us and fax ( ), 2395 Hermitage Road (VATEX Building), Richmond, Virginia All questions must be submitted no later than 4:00 PM, Thursday, March 13, Bids must be accompanied by a Bid Bond of not less that five percent (5%) of the Base Bid amount. The successful bidder will be required to provide a Performance Bond and Payment Bond equal to one hundred (100%) of the contract amount and certificate of insurance as required. The Minority Business/Participation Commitment Form and the Richmond Public Schools Contractor s Employment Profile as included in the Project Manual are to be filled out and turned in as part of the contractor s bid. Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Invitation for Bids CRA Project No February, 2014

10 If awarded the contract, the Contractor must submit Exhibit I (Certification of Crimes Against Children) and Exhibit II (Certification of Interests & Relationships with School Board and Richmond Public Schools Employees). The Contractor will certify that it does not, and shall not during the performance of a contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of Richmond Public Schools reserves the right to waive all informalities, and be the sole judge of the evaluation process and reject any and all bids. Commonwealth of Virginia Registration: Pursuant to Code of Virginia as amended, the Contractor warrants that it is authorized to transact business in the Commonwealth of Virginia if so required by Title 13.1 or Title 50 or as otherwise required by law, and agrees to maintain such authorization during the performance of this Contract. Submit appropriate documentation with their bid, if required. Merle Taylor Purchasing Officer Department of Purchasing Richmond Public Schools 2395 Hermitage Road Richmond, Virginia Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Invitation for Bids CRA Project No February, 2014

11 PRE-BID QUESTION FORM Crabtree, Rohrbaugh & Associates Architects, CRA-2744 / RPS : (Use separate form for each question submitted) Project: Armstrong High School Accessible Pathway to Greenhouse Date: The following question concerns Drawing Sheet (number) : The following question concerns Specifications Section (number), page, paragraph All responses to questions will be made by Addendum. Question submitted by: Name Phone Number Organization Fax Number Mail or Fax From To: Merle Taylor Purchasing Officer Department of Purchasing Richmond Public Schools 2395 Hermitage Road Richmond, Virginia FAX No.: mtaylor@richmond.k12.va.us END OF PRE-BID QUESTION FORM Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Pre-Bid Question Form CRA Project No February, 2014

12 BID PROPOSAL FORM - GENERAL CONSTRUCTION CONTRACT RPS IFB NO SUBMITTED BY: DATE: TO: Ms. Merle Taylor Purchasing Officer Richmond Public Schools 2395 Hermitage Road Richmond, Virginia RE: ARMSTRONG HIGH SCHOOL ACCESSIBLE PATHWAY TO GREENHOUSE ADA MODIFICTIONS RICHMOND PUBLIC SCHOOLS IFB: I. LUMP SUM BASE BID: Having carefully examined your Invitation to Bid and all Bidding Documents for the above-named project, together with addenda as issued as well as the premises and the conditions affecting the Work, the undersigned proposes to furnish all material and labor called for by them for the base bid work, in accordance with the drawings and specifications as prepared by Crabtree, Rohrbaugh & Associates, CRA No. 2744, dated February 20, 2014, for the Lump Sum Base Bid of: Dollars ($ ) (Written amount) (figure amount) This sum is hereinafter referred to as the Base Bid. II. ADDENDA: The undersigned acknowledges receipt of the following Addenda: Addendum No. Addendum No. Addendum No. Addendum No. Dated Dated Dated Dated Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Bid Form CRA Project No February, 2014

13 III. COMPLETION TIME: Mandatory Substantial Completion and Final Completion dates are established in Specification Section Summary of the Work. By submitting a bid, the bidder represents that the contractor can and intends to implement such practices as needed in order to meet the required completion dates. Acknowledgement of and agreement with the provisions established in the aforesaid specification section is hereby made. IV. EXHIBITS 1 & II: The bidder acknowledges the Certification of Crimes Against Children Exhibit I and Certification of Interests and Relationships with School Board and RPS employee requirements thereof. V. BID SECURITY: Bid Bond (or Certified Cashier s Check) in the amount of five percent (5%) of the Base Bid amount written by Is attached. By submitting this proposal the undersigned Bidder certifies that he/she is a Class A Contractor, holding License Number as issued by the Commonwealth of Virginia Dept. of Commerce pursuant to Title 54, Chapter 78, Code of Virginia 1950 (as amended), and that the referenced license is valid and has not been suspended or revoked. It is agreed that this bid may not be withdrawn for a period of 60 days. Respectfully Submitted: Company By Business Address City, State and Zip Code Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Bid Form CRA Project No February, 2014

14 If a Corporation: President Treasurer Corporation in the State of (SEAL) Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Bid Form CRA Project No February, 2014

15 CITY OF RICHMOND, VIRGINIA BID BOND KNOW ALL MEN BY THESE PRESENTS: That we,, (hereinafter called Principal ), as Principal, and, a corporation duly organized under the laws of the State of, (hereinafter called Surety ), as Surety, are held and firmly bound unto the City of Richmond, Virginia, (hereinafter called Obligee ) as Obligee, in the sum. ($ ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid to the Obligee for. Now, Therefore, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of, 20. ATTEST: ATTEST: Surety Countersigned: BY Virginia Resident Agent (SEAL) Principal BY Title (SEAL) Surety BY Attorney-in-Fact Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Bid Bond CRA Project No February, 2014

16 Contract No. CONTRACT This Contract, made this day of, 20, between Richmond Public Schools, by the Department of Logistics, hereinafter called RPS and his/her, its or their successors, executors, administrators and assigns, hereinafter called the Contractor ; WITNESSETH: That the said Contractor agrees with said RPS, for the consideration herein mentioned, and at his/her, its or their own proper cost and expense to do all the work and/or furnish all the materials, services, equipment and/or labor necessary to carry out its agreement in the manner and to the full extent as set forth in RPS Request for Proposal No., dated, to the satisfaction of RPS, who shall have at all times full opportunity to inspect the materials to be furnished and/or the work to be done under this Agreement. All terms and conditions, specifications, general and special provisions, plans, drawings, and all documents referred to are hereby made part of this Agreement as completely as if incorporated herein. It is agreed that the materials/services to be furnished or work to be done under this Contract is to in accordance with documents herein referred to. In consideration of the foregoing premises, RPS agrees to pay the Contractor all items of work performed and/or materials or services furnished at the unit prices or lump sum prices under the conditions set forth in documents herein referred to. Firm: RICHMOND PUBLIC SCHOOLS Assistant Superintendent of Administration & Support Services Date By: Title: Date: Richmond Public Schools Armstrong High School Accessible Pathway to Greenhouse Contract CRA Project No February, 2014

17 CHANGE ORDERS FOR CONSTRUCTION DIVISION OF PURCHASING CHANGE ORDER REQUESTED BY: PROJECT NAME: ADDRESS: Owner Architect Contractor Field Other: TO: Contractor Invitation No.: Architect s Project No.: Contract for: Contract Date: You are directed to make the following changes in this contract: The original contract amount was $ Net change by previous change orders $ The contract amount prior to this change order was $ The contract amount will be (increased) (decreased) (unchanged) by this order The new contract amount including this change order will be $ The contract time will be (increased) (decreased) (unchanged) by ( ) day(s) The date of completion as of the date of this Change Order / / 08 The date of completion as of the date of this Change Order therefore is / / 08 Architect Contractor Owner Address Address Address By By By Date Date Date Date Change Order processed: Purchase Order Number:: Change Order Number: CHANGE ORDERS FOR CONSTRUCTION Armstrong HS -CRA Project No

18 RICHMOND PUBLIC SCHOOLS GENERAL CONDITIONS OF THE CONTRACT CONSTRUCTION

19 TABLE OF CONTENTS SECTION I DEFINITIONS... 1 SECTION II OWNER TERMS AND CONDITIONS Advertising Clause Applicable Law and Courts Assignment & Subcontracting Audit Authorized Signature Availability of Funds Award Bonding Century Compliance Contractor Accessibility Cooperative Procurement Default Delivery Descriptive Literature Drug Free Work Place Employment Discrimination Ethics in Public Contracting Faith Based Organizations Incorporation of Policies and Procedures Informalities Insurance Interchangeability of Terms Licenses, Permits and Fees Minority-Owned Business Utilization Plan Mistakes in Bids No Bid Non-Discrimination Ownership Of Documents Patents and Trademarks Personnel Post Award Public Inspection of Records Property of Work Rejection of Bids Samples Separate Invitations Submission of Bids Use of Brand Names Certification of No Crimes Against Children Certification Regarding Relationship with Owner Certification Against Knowing Employment of Unauthorized Aliens ii

20 SECTION III SOLICITATION REQUIREMENTS Receipt and Forms of Bid Bidding Documents Pre-Bid Meeting Interpretations Withdrawal and Errors in Bids Bidders Present Addenda Regulations Governing Contractors Laws, Permits and Regulations Examination of Plans, Specifications, Contract Documents and Project Site Supplemental Specifications Subsurface Investigation Trade Names and Alternatives Contractor s Insurance Bid Security Preparation and Submission of Bids Receipt and Opening of Bids Minor Irregularities Rejection of Bids Royalties and Patents SECTION IV AWARD AND EXECUTION OF CONTRACT Award of Contract Executing the Contract Contract Obligation Execution of Documents Contract Security Subcontracts Separate Contracts Taxes Compliance with Laws Indemnity Notice SECTION V PERFORMANCE OF CONTRACT Order of Precedence Commencement of Work Critical Materials Change Orders Completion Extension of Time Claims for Consequential Damages Progress Schedule Architect/Engineer s or Owner s Representative s Status Materials, Services and Facilities iii

21 5.11 Protection of Work Drawings and Specifications Shop Drawings Omissions, Errors, Discrepancies Unforeseen Site Conditions Performance of Work by the Contractor SECTION VI - CONTROL OF THE CONTRACT Materials and Workmanship Access to the Project Inspection Samples and Test Specimens Superintendence by the Contract Surveys and Layouts Safety and Maintenance of Traffic Protection of Vegetation, Utilities and Existing Property Use of Premises and Removal of Debris Changes in the Work and Extras Stored Material Final Inspection Guarantee Subcontractor's Guarantee Guaranties By Others Survival of the Contractor s Guarantee SECTION VII - PAYMENTS AIA Form G702 (G703) Application and Certification for Payment Payments to Contractor Release of Claims Liens Payments Withheld Payments by Contractor SECTION VIII - REMEDIES Owner s Right to Terminate Contract for Cause Termination by Owner for Convenience Delivery of Materials Compensation Due the Contractor Liquidated Damages SECTION IX ARBITRATION AND PAYMENTS Arbitration Rights of Subcontractors and/or Suppliers iv

22 EXHIBITS: A - Schedule of Values and Partial Payment Request B - Affidavit of Payment of Claims C - Subcontractor's Waiver D - Contractor's Employment Profile E - Minority-Owned Business Forms F - Certificate of No Crimes Against Children G - Certification Regarding Relationships with Owner H - Certificate of Insurance I - Performance Bond J - Payment Bond v

23 GENERAL CONDITIONS OF THE CONTRACT SECTION I DEFINITIONS When used in these provisions or elsewhere in the Contract Documents, the following terms, or pronouns used in place of them, shall have the meaning ascribed to them in this section, unless it is apparent from the context that a different meaning is intended: 1.1 ARCHITECT OR ENGINEER means an individual, firm, partnership, association, properly qualified person or the legally authorized representative(s), designated by the Owner, experienced in and legally qualified to practice the profession involved for the administration of the Contract, inspections and testing. The term shall apply to the Owner when the Owner is acting as its own Architect or Engineer. 1.2 AS BUILT DRAWINGS means reproducible drawings with all changes that have been made to the original construction drawings prior to the completion of the project. 1.3 CALENDAR DAY means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays and Holidays. The term day shall mean calendar day whether or not expressly identified. 1.4 CONTRACT OR CONTRACT DOCUMENTS mean the written agreement executed by the Owner and Contractor setting forth the obligations of the parties, including but not limited to performance of the Work, furnishing of labor, equipment and materials, and the basis of payment. It shall include but not necessarily be limited to the Request for Qualifications, Contractor s Submittal, the Invitation for Bid, the Bid, the General Conditions of the Contract, Special Provisions, Performance Bond, Payment Bond, Certificate of Insurance, Drawings, Specifications, Addenda, Minority Enterprise Business forms, written Change Orders, extra Work Orders, and Agreements required to complete the construction of the project, including authorized extensions thereof, in an acceptable manner, all of which constitute one instrument. 1.5 CONTRACTOR means any person, firm, association, joint venture, partnership or corporation that for a fixed price, commission, fee or percentage undertakes to bid upon, or accepts or offers to accept orders for performing or superintending in whole or in part the construction, demolition, removal, repair or improvement of any building or structure. 1.6 FIELD ORDER Architect or Engineer s instructions to the Contractor issuing interpretation of the Contract Documents, or ordering minor changes in the Work not involving changes in the Contract time or Contract amount. 1.7 GOOD FAITH PARTICIPATION EFFORTS means the sum total of efforts by a particular business to provide equitable participation of minority employees and subcontractors. For past efforts, the sum total shall be comprised of the record of minority participation over the past five years either through employment, retention, and promotion; or through subcontracting or joint ventures in the private sector; or through a combination thereof. For future efforts, it shall be comprised of such efforts, which are proposed to allow equitable participation of minority employees and subcontractors. 1.8 MINORITY-OWNED BUSINESS means a business concern at least fifty-one percent (51%) of which is owned and controlled or fifty-one percent (51%) minority-owned and operated by minority group

24 members or, in case of a stock corporation, at least fifty-one percent (51%) of the stock which is owned and controlled by minorities. Minority, in the context of construction contracts, means a minority that has been subjected to legally mandated racial segregation in the City of Richmond, Virginia. 1.9 MISTAKE The term mistake as used in these Conditions shall include every type of error, clerical or otherwise NOTICE means all written notices, including demands, instructions, claims, approvals and disapprovals, required or authorized under the Contract Documents NOTICE TO PROCEED means the written instrument(s) issued by the Owner allowing the Contractor to proceed with the development of submittals, ordering of materials and any other preparation required to adequately start the Work OPERATING AND MAINTENANCE INSTRUCTIONS shall consist of documents specifically written or marked cut sheets for the project on all major components, bound or otherwise assembled in booklet form. Furnish for each major piece of equipment operation instructions, maintenance procedures and parts list OWNER The School Board of the City of Richmond, Virginia, acting by and through its authorized agent(s) or representative(s) OWNER S COORDINATOR shall mean an individual, or his duly designated representative, employed by the Owner to act as Owner s liaison with the Architect or Engineer in the preparation of drawings, specifications, interpretation of the project criteria, and to act as the Owner s observer during the construction phase PERFORMANCE TIME The length of time allowed for the execution of the Work, including any authorized time extensions. Performance time shall include all lead times for materials, submittal preparation and other administrative matters outside of bond issuance PLANS Those drawings specifically referred to as such in the Contract Documents. Supplemental drawings issued after the Contract award showing changes in the Work shall be binding upon the Contractor with the same force as the Plans RESIDENT PROJECT REPRESENTATIVE OR CLERK OF THE WORKS shall mean one or more individuals employed by the Architect or Engineer to make inspections on the job site during construction of the project. The Owner may elect to have a representative on the project as the Owner s Coordinator. The Contractor is warned, however, that the Project Representative or the Owner s Coordinator has no authority to supervise, coordinate or direct the work of the Contractor. All instructions to the Contractor shall be by the Architect or Engineer. The Contractor shall be notified in writing of the appointed representative(s) prior to the actual commencement of construction which notification shall set appointed representative(s) prior to the actual commencement of construction which notification shall set for the extent of the representative s authority when acting in behalf of the Architect or Engineer SIMILAR Where the word similar appears on the drawings or specifications, it shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and their connection with other parts of the Work, and it shall be equal in quality and performance. 2

25 1.19 SUBCONTRACTOR A person, partnership or corporation to whom the Contractor, with written consent of the Owner, sublets part of the Work. A Subcontractor has no contractual relationship with the Owner SUBSTANTIAL COMPLETION shall mean that the Work has progressed to the stage where the entire project, including mechanical, electrical, and equipment installations, can be occupied or used by the Owner for its intended purpose, and when any remaining Work can be done without interfering with the Owner s use and formal instruction on all major equipment operation and maintenance, both verbal and written, along with as-built reproducible drawings have been given. The Owner or the Architect or Engineer at the direction of the Owner will notify the Contractor, in writing, the date of substantial completion has been reached, based on the recommendation of the Architect or Engineer. The Owner may occupy premises before substantial completion WORK shall mean every thing express or implied required to be furnished and performed by the Contractor under the Contract and shall include both Contract Work and Extra Work. 3

26 SECTION II OWNER TERMS AND CONDITIONS 2.1 ADVERTISING CLAUSE It is understood and agreed that, in the event a contract is awarded for the supplies, equipment, or services included in this Invitation for Bids, that no indications of such sales or services to the Owner will be used in any way in product literature or advertising unless with written approval of the Owner and only for bibliographical and curriculum vitae purposes. 2.2 APPLICABLE LAW AND COURTS This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the City of Richmond. In performing the Work under the Contract, the Contractor shall comply with applicable Federal, State, and Local laws and regulations. 2.3 ASSIGNMENT AND SUBCONTRACTING The Contractor shall not assign the Contract or any parts of the Contract without the prior written consent of the Owner nor shall the Contractor assign any monies due or to become due hereunder without the prior written consent of the Owner. The Contract shall not be subcontracted without the prior approval of the Owner. 2.4 AUDIT The Owner reserves the right to audit all aspects of the Contract: the vendor s financial capability and accounting system, basis for progress payments, compliance with applicable laws, as well as appropriate vendor records. The Owner further reserves the right to review, on demand and without notice, all files of any Subcontractor employed by the Contractor to provide services or commodities under the Contract where payments by the Owner are based on records of time, salaries, materials or actual expenses. In cases where the vendor maintains multiple offices, records to be audited should be maintained locally or be deliverable to a location in the metro-richmond area. 2.5 AUTHORIZED SIGNATURE All bids must be signed by an authorized individual in order to be considered. The bidder must show the title of the individual executing the bid who has the authority to sign the bid and subsequent contract. 2.6 AVAILABILITY OF FUNDS It is understood and agreed between parties to any agreement resulting from this Invitation for Bids that the Owner shall be bound hereunder only to the extent of funds available or which may hereunder become available for the purposes of the Contract. It is further understood and agreed between the parties to any agreement resulting from this Invitation for Bids that the Owner shall not be obligated to purchase or pay for insurance and/or services covered by the Contract unless and until they are ordered, delivered, or performed for the Owner. 2.7 AWARD The Owner will make the award to the lowest responsive/responsible bidder. The Division of Purchasing reserves the right to conduct any test it may deem advisable and to make all evaluations necessary. Additional criteria will be considered in the award of Requests for Proposals. The Owner also reserves the right to reject any or all bids/proposals, in whole or in part, to waive informalities and to delete items prior to making the award, whenever it is deemed in the sole opinion of the Owner to be in its best interest. The Owner also reserves the right to award in whole or in part; to one vendor or multiple vendors, whichever is deemed to be most advantageous and in the best interest of the Owner. 4

27 2.8 BONDING The Owner reserves the right to require the successful bidder to furnish a performance bond in the amount of the Contract before award of the Contract. If no bond can be furnished by the successful bidder, the Owner reserves the right to award the Contract to the next lowest responsible bidder. If performance and payment bonds are specified in the bid invitation, the Contractor shall pay cost thereof; if not specified, the Contractor, when requested to do so, shall secure performance bond and the Owner shall pay the cost thereof. 2.9 CENTURY COMPLIANCE Hardware, software and firmware products, individually and in combination, shall be capable of processing dates that cross or span century boundaries with the correct system date, without human intervention, including leap year calculations and shall also provide correct results when moving forward or backward in time or century CONTRACTOR ACCESSIBILITY It is understood and agreed that in the event of equally qualified (and responsive) bidders for an award, the award shall be granted to the bidder with the greatest degree of accessibility to the Owner. (This policy shall not apply if specifically prohibited.) 2.11 COOPERATIVE PROCUREMENT Unless specifically prohibited by the bidder in the bid document, any resultant contract of this solicitation may be extended to the City of Richmond or any public agency or body in, but not necessarily limited to, the Central Virginia area to permit those public agencies or bodies to purchase at contract prices, in accordance with the terms, conditions and specifications of this bid. The successful vendor shall deal directly with each agency in regard to order placement, delivery, invoicing and payment DEFAULT In case of default of the successful bidder, or it fails to deliver the supplies or services ordered by the time specified, the Owner, after due notice (verbal or in writing), may procure them from other sources and hold the bidder responsible for any excess cost occasioned thereby. This remedy shall be in addition to any other remedies available to the Owner DELIVERY Time of proposed delivery shall be stated in number of calendar days. General terms such as stock, immediately, and as soon as possible, may be cause for rejection. Unless otherwise specified, quote earliest delivery date as it may be considered a factor in making an award DESCRIPTIVE LITERATURE The bidder shall submit with its bid descriptive literature of equipment or supplies, which it proposes to furnish, if such articles are of a different manufacture than those specified. Should the description furnished in such literature differ from the specifications submitted by the Owner, and no mention is made to the contrary, it shall be construed to mean that the bidder proposes to furnish equipment or supplies in accordance with such description and not in accordance with the Owner s specifications and its bid will be evaluated accordingly DRUG FREE WORK PLACE Pursuant to Section of the Virginia Public Procurement Act, during the performance of the Contract, or any subcontract that may be entered into by the Contractor, 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 employees that the unlawful 5

28 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; (iii) state in all solicitation or advertisements for employees placed by or one 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 $10,000. 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 the Virginia Public Procurement Act, the employees of whom are prohibited from engaging in an unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. The vendor is also prohibited from contracting with any other party that fails to comply with this policy. Failure by a vendor or its subcontractor to comply with the provisions outlined above will be cause for termination of the Contract EMPLOYMENT DISCRIMINATION The Owner prohibits employment discrimination by its Contractors. In accordance with Section of the Virginia Public Procurement Act, during the performance of every contract over $10,000, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirement of this section. The Contractor will include the provisions of this section in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor ETHICS IN PUBLIC CONTRACTING By signing its bid in response to this Invitation For Bid, the bidder certifies and warrants that (i) it has not violated any provisions of federal law or the Code of Virginia, (ii) its bid is made without collusion or fraud, (iii) it has not offered or received any kickbacks or inducements from any other Contractor, supplier, manufacturer or subcontractor in connection with its bid and (iv) it has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. The bidder agrees that if such warranty is in any respect breached, such breach shall constitute a material breach of any contract that the Owner may award to it and it shall pay to the Owner the full price agreed by the Owner to be paid for the supplies, materials, equipment or services to be furnished under its bid FAITH BASED ORGANIZATIONS. The Owner does not discriminate against faith-based organizations. By signing its bid, the bidder, if a faith-based organization, agrees that it understands the requirements of Section of the Virginia Public Procurement Act INCORPORATION OF POLICIES AND PROCEDURES This solicitation is subject to the provisions of the Virginia Public Procurement Act and any revisions thereof and, applicable provisions of the Owner s Policies and the Purchasing Manual which are hereby incorporated into the Contract by reference. Copies of these documents may be viewed at the Owner s website ( or obtained from the Division of Purchasing. 6

29 2.20 INFORMALITIES The Owner reserves the right to waive any informality in bids. Bids making exceptions to terms and conditions included in this Invitation for Bids may be considered, but preference may be given to those who do not make such exceptions INSURANCE The Contractor shall provide and keep in full force and effect during the performance of the Contract the kinds and amounts of insurance prescribed in this section, and shall comply with all other provisions of this section. Such insurance shall be provided and kept in full force by insurance companies authorized to do business in the Commonwealth of Virginia and acceptable to the Owner. The Contractor shall pay all premiums and other costs of such insurance. It will be assumed that the consideration paid or to be paid to the Contractor for the performance of the Contract includes the premiums and other costs of such insurance and that the Owner shall not be responsible therefore. Each insurance Policy and Certificate of Insurance shall be signed by duly authorized representatives of such insurance companies which shall be licensed to do business in the Commonwealth of Virginia and shall be countersigned by duly authorized local agents of such companies. The certificates and evidence of coverage will be complete before the Owner signs the Contract. All Certificates of Insurance shall show the Contract Number. The Contractor shall not be required to furnish the Owner with copies of the insurance contracts required by this section unless requested from time to time by the Division of Purchasing but the Contractor shall provide a Certificate of Insurance issued by such insurance companies in which the company shall irrevocably warrant that the insurance is provided to enable the Contractor to comply with and provide the required insurance provided. However, in no event shall the Insurance Contract be expanded to afford coverage which is greater than the maximum coverage approved for writing in the Commonwealth of Virginia, and that it will not be canceled or modified by the insurer for non-payment of premiums or otherwise unless at least ninety (90) days prior notice to that effect is given the Division of Purchasing by registered mail, return receipt requested, anything in such Insurance Contract to the contrary notwithstanding; and that the Insurance Contract has been endorsed accordingly. The Owner reserves the right to require, without cause, insurance in greater amounts than those set out below in this section on any Contract, provided notice of such requirements is given prior to final acceptance of the bid. The insurance contract shall provide that the insolvency or bankruptcy of any of the insured shall not release the insurer from its obligation to satisfy claims otherwise within the coverage of such policies. SCHEDULE OF INSURANCE COVERAGE A. Commercial General Liability Insurance with a combined single limit of not less than $1,000,000 per occurrence. B. Automobile Liability Insurance with a combined limit of not less than $1,000,000 per occurrence. C. Statutory Workers Compensation and Employers Liability with the Alternate Employers Endorsement WC A. If any employee of the Contractor is not subject to the provisions of the Virginia Worker s Compensation Act, the Contractor shall nevertheless insure payment of the same compensation to such employee as is provided for by the Virginia Worker s Compensation Act. D. Professional Errors and Omissions Insurance with limits of not less than $1,000,000 per occurrence. (Submit only if applicable.) E. Other insurance as required based upon the nature of the Contract. 7

30 All insurance contracts shall name the Owner as an additional insured. Further, the Contractor shall assume the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any negligent act or omission or any willful misconduct on the part of the Contractor, its subcontractors, agents or employees under or in connection with the Invitation for Bid or the performance of or failure to perform any Work required by the Invitation for Bid. The Contractor shall save harmless and indemnify the Owner and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to court costs and reasonable attorney s fees, which either or both of them may suffer, pay or incur as the result of claims or suits do to, arising out of or in connection with any and all such damage, real or alleged, to the extent caused by the Vendor s negligence or willful misconduct. The Contractor shall, upon written demand by the Owner, assume and defend at the Contractor s sole expense any and all such suits or defense of claims INTERCHANGEABILITY OF TERMS. Where used in these solicitations the terms bid and proposal should be interpreted to have the same meaning unless the intent is clearly defined otherwise LICENSES, PERMITS AND FEES The successful Contractor shall be required to obtain all necessary permits and/or licenses required by federal, state and local regulations, laws, ordinances or rules. This includes all City of Richmond or utility company connection fees. All bids submitted shall have included in price the cost of any business or professional licenses, permits or fees required by the City of Richmond or the Commonwealth of Virginia for the performance of this project MINORITY-OWNED BUSINESS UTILIZATION PLAN It shall be the official policy of the Owner to increase the number of minorities who participate meaningfully in all Owner construction contracts. To this end, the Owner shall use good faith efforts and shall encourage good faith efforts by all parties who engage in governmental construction contracting with the Owner to the following ends: a) To stimulate the creation and development of minority contractors and subcontractors, and to advance in reasonable and responsible ways, and deliberately and consistently over the long term, their entrance into and participation in the construction industry. b) To advance in reasonable and responsible ways, and deliberately and consistently over the long term, the participation of minority individuals at higher skill and responsibility levels within nonminority firms engaged in construction contracting and subcontracting. c) To encourage voluntary efforts by the construction industry to increase the participation of minority individuals and businesses in the industry. It is the goal of the Owner to have fifty percent (50%) minority employment by all construction firms contracting with the Owner. This employment goal shall apply specifically to executive and managerial positions and shall not be satisfied by minority employment solely at the lowest skill and pay levels. All actions taken by the Owner in construction contract procurement shall be consistent with this policy. Please refer to Exhibit D for specific requirements of the Minority-Owned Business Utilization Plan MISTAKES IN BIDS Bids may be withdrawn subject to all provisions and conditions for and outlined under Section of the Virginia Public Procurement Act. If a bid is withdrawn under authority of this section, the next lowest responsible bidder shall be deemed to be the low bidder on the project. 8