CITY OF FREDERICKSBURG, VIRGINIA DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT – 2015 PRE-BID CONFERENCE: 1:00PM EST May 15, 2015 BIDS TO BE RECEIVED: 2:00PM EST May 29, 2015 ADVERTISEMENT FOR BIDS and CONTRACT DOCUMENTS
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ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT 2015
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CITY OF
FREDERICKSBURG, VIRGINIA
DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES
ELEVATOR MODERNIZATION &
EQUIPMENT REPLACEMENT – 2015
PRE-BID CONFERENCE: 1:00PM EST May 15, 2015
BIDS TO BE RECEIVED: 2:00PM EST May 29, 2015
ADVERTISEMENT FOR BIDS
and
CONTRACT DOCUMENTS
CITY OF FREDERICKSBURG, VIRGINIA ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT – 2015
CONTENTS
1. Advertisement for Bid AD-1 through AD-3 2. Information for Bidders I-1 through I-3 3. Bid Proposal P-1 through P-3 4. Bid Bond B-1 5. Agreement 7 Pages 6. Construction Escrow Agreement E-1 through E-5 7. Performance Bond PFB-1 though PFB-3 8. Payment Bond PB-1 through PB-2 9. Notice of Award 1 Page 10. Sample Notice To Proceed 1 Page 11. General Requirements GR-1 through GR-3 12. General Conditions 31 pages 13. Supplemental General Conditions SGC-1 through SGC-13 14. Scope of Work SOW-1 though SOW-8
ADVERTISEMENT FOR BID
ELEVATOR MODERNIZATION & EQUIPMENT
REPLACEMENT – 2015
CITY OF FREDERICKSBURG
1. Sealed bids will be received by the City of Fredericksburg, Virginia for the
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT – 2015 as
detailed in the Scope of Work to include five elevators located at separate locations
throughout the City. Bids will be received in the office of the Director of Parks,
Recreation and Public Facilities, Dorothy Hart Community Center 408 Canal St.
Fredericksburg, VA 22401, until 2:00 p.m. EST, Friday, May 29, 2015. Bids received
after that time will be returned unopened. Bids will be opened publicly and read aloud at
2:05 p.m. EST, Friday, May 29, 2015 at 408 Canal Street Fredericksburg, VA. Bids are
to be submitted on the attached Bid Form, in sealed envelopes bearing the bidder's name
and address and clearly marked "ELEVATOR MODERNIZATION & EQUIPMENT
REPLACEMENT – 2015".
2. Bidding Documents may be obtained commencing May 5, 2015, at the
Department of Parks, Recreation and Public Facilities, Dorothy Hart Community
Center 408 Canal St. Fredericksburg, VA 22401. Bidding documents can be seen
at the following places:
Department of Parks, Recreation and Public Facilities,
Dorothy Hart Community Center
408 Canal St. Fredericksburg, VA 22401
Electronic Download from the City of Fredericksburg
Website at www.fredericksburgva.gov under Procurement
3. Bid security in the amount of five percent (5%) of the proposal must accompany each
proposal in accordance with Information to Bidders. No bid may be withdrawn for a
period of thirty (30) days after the opening thereof, except as may be provided for under
Section 2-340 of the Fredericksburg City Code.
4. The procedure specified under Section 2-340 of the Fredericksburg City Code shall
apply, whereby, if the bidder wishes to withdraw his Bid, the bidder must give notice in
writing of his claim of right to withdraw his Bid within two (2) business days after the
ADV.WPD AD - 2
conclusion of the bid opening procedure. The bidder must submit his original work
papers with the written notice of claim of right to withdraw Bid.
5. The City of Fredericksburg, Virginia, reserves the right to reject any and all bids, to
waive informalities and irregularities in bidding including clerical or arithmetic mistakes
that are apparent from the face of the written Bid Documents and that can be
substantiated by objective evidence drawn from the inspection of original work papers,
documents and materials used in the preparation of the Bid, and to accept bids which are
considered to be in the best interest of the City.
6. In accordance with Section 2-339 of the City Code of Fredericksburg, Virginia, the City
Manager has been authorized by the City Council to negotiate with the apparent low
bidder to obtain a contract price within the available funds, should the bid received from
the lowest responsible bidder exceed available funds for this project.
7. The Contractor shall have the option to use an approved escrow account for utilization of
the City's retainage funds by so indicating in the appropriate space on the Bid Proposal
form. In the event the Contractor so elects to use the escrow option, he shall execute an
Escrow Agreement, compatible to the form included in the Bid Documents and prepared
by the City Attorney, and deliver said Escrow Agreement to the Engineer within fifteen
(15) calendar days after issuance of the Notice of Award. If the executed Escrow
Agreement form is not submitted to the Engineer within said fifteen (15) day period, the
Contractor shall forfeit his right to use of the escrow account procedure.
8. The City of Fredericksburg does not discriminate on the basis of disability in the
admission or access to its programs, services or activities.
9. A mandatory pre-bid tour of the facilities and mandatory pre-bid conference will be
held starting at 1:00 P.M. EST on Friday, May 15, 2015. The tour will begin at the
Fredericksburg Area Museum located at 907 Princess Anne St. Fredericksburg, VA.
22401 and proceed to the four other locations throughout the City to review the elevator
facilities in the bid. After the tour, the mandatory pre-bid meeting will be held at City
Hall 715 Princess Anne St. Fredericksburg, VA 22401 in the second floor Conference
Room starting approximately between 2- 2:30 PM. All bidders are required to attend
the tour and pre-bid meeting.
10. Background
The City of Fredericksburg, Department of Parks, Recreation and Public Facilities is
responsible for the maintenance and upkeep of elevators located in City facilities as well
as other facilities which may not be owned by the City. The City has identified five
elevators under their responsibility in need varying degrees of repairs and modernization.
The scope of the services required for each of the four elevators is described in the Scope
of Work, section 14 of this solicitation.
ADV.WPD AD - 3
The City of Fredericksburg, Virginia is accepting bids from qualified elevator installation
companies for modernization and repair services for the elevators identified in this
solicitation located throughout the City. Three of the elevators require extensive
modernization and repair while two other elevators require less intense equipment
replacement installation. It is anticipated that NTP for Elevators #1 and #2 will be issued
prior to July1, 2015. NTP for Elevators #3, #4, and #5 shall be issued after July 1, 2015.
The five locations of the elevators are as follow:
1. Train Station/Kiss & Ride Facility (north bound side of train tracks)
200 Lafayette Blvd
Fredericksburg, VA 22401
Services required: Modernization
2. Central Rappahannock Regional Library
1201 Caroline St.
Fredericksburg, VA 22401
Services required: Furnishing and installation of select equipment/parts/material
3. Fredericksburg Area Museum 907 Princess Anne St.
Fredericksburg, VA. 22401
Services required: Modernization
4. Train Station/Restaurant Side (south bound side of train tracks) 200 Lafayette Blvd
Fredericksburg, VA, 22401
Services required: Furnishing and installation of select equipment/parts
5. Executive Plaza (Elevator 1, Left side)
601 Caroline Street
Fredericksburg, VA 22401
Services required: Modernization
Robert Antozzi
Director of Parks, Recreation and Public Facilities
INFO.WPD I - 1
INFORMATION FOR BIDDERS
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT –
2015
CITY OF FREDERICKSBURG
1. It is the declared and expressed intent of these specifications to provide and secure the
modernization and or selected equipment replace of five (5) elevators within the City of
Fredericksburg. The work shall include furnishing all design, labor, materials, permits,
and operations necessary to complete the project in conformance with all applicable local,
State and Federal codes and as described in the Advertisement for Bids, Scope of Work
and all other contract documents.
2. All bids must be made on the required Bid Form provided in this package. All blank
spaces for Unit Prices and Extensions must be filled in, in ink or typewritten, and the Bid
Form must be fully completed and executed when submitted.
If there is a discrepancy between the unit price and its extensions, the unit price will
govern. If a unit or lump sum price is omitted, the bid will be rejected.
3. Each bid must be accompanied by a bid bond payable to the City of Fredericksburg for
five percent (5%) of the total amount of the bid. The bid bonds of the unsuccessful
bidders will be returned while the bid bond of the successful bidder will be retained until
a performance bond has been executed and approved, after which time the bid bond will
be returned. A Certified Check or cash escrow account may be used in lieu of a bid bond.
A performance bond in the amount of 100 percent of the contract price, with a corporate
surety approved by the City, will be required for the faithful performance of the contract.
Attorneys-in-fact who sign bid bonds and performance bonds must file with each bond a
certified and effective dated copy of their power of attorney.
4. Bidders must be registered in the Commonwealth of Virginia as provided by Chapter 7 of
Title 54 of the Code of Virginia, 1950, as stated, and licensed to do business in the City
of Fredericksburg. Any and all subcontractors must also meet these requirements. The
City of Fredericksburg may make such investigations as it deems necessary to determine
the ability of the bidder to perform the work, and the bidder shall furnish to the City all
such information and data for this purpose as the City may request. The City reserves the
right to reject any bid if the evidence submitted by, or investigation of, such bidder fails
to satisfy the City that such bidder is properly qualified to carry out the obligations of the
agreement and to complete the work contemplated therein. Title 59, Chapter 5 of the
Code of Virginia, requires contractors operating as a partnership or under a fictitious
name to file a certificate of ownership with the State Corporation Commission and to
appoint an attorney for service of process.
INFO.WPD I - 2
5. Bidders must be responsible parties, regularly and practically engaged in the installation
of this class of work and known to possess ample facilities for doing this work.
6. Bidders shall be required to identify all subcontractors who will be performing twenty-
five percent (25%) or more by value of the work. Subcontractor information shall be
submitted as part of the bid form.
7. It shall be the responsibility of the bidder to ensure that the bid reaches the Director of
Parks Recreation and Public Facilities Office on time. Bidders may use any method of
bid delivery which they choose. The City will make its regular pick up of mail at the Post
Office at 7:30 a.m. on the day of the bid opening, but it will not make additional pick ups
or inquiries at the Post Office on that day. Any bid received late for any reason will be
returned unopened.
8. Each bidder is responsible for inspecting the project site and for reading and being
thoroughly familiar with the contract documents. The failure or omission of any of the
foregoing shall in no way relieve any bidder from any obligation in respect to the bid.
Should the bidder find discrepancies in or omissions from the plans or other documents
or should he be in doubt as to their meaning, he should at once notify the Director of
Parks Recreation and Public Facilities. Any interpretation of the Contract Documents
shall be made only by Addenda. Addenda will be e-mailed to bidders at least five (5)
days prior to the date of bid opening.
9. The City of Fredericksburg reserves the right to reject any and all bids and to accept that
bid which best serves the interests of the City.
10. Within Thirty (30) days after the opening of proposals, the City will act upon them.
Award shall be made to the lowest responsible Bidder that can perform the work in the
time required. The acceptance of the proposal shall bind the successful bidder to execute
the Contract when presented to him. All terms and conditions of the Contract shall be in
effect upon acknowledgment by the Contractor of receipt of the Notice of Award.
11. The bidder to whom the contract is awarded will be required to execute the agreement
and obtain the required bonds and insurance within ten (10) calendar days of the receipt
of the written contract award notification. In the case of the failure of the successful
bidder to produce the performance bond within the specified time period, the City may at
their option consider the bidder in default, in which case the bid bond accompanying the
bid or proposal shall be forfeited and become the property of the City of Fredericksburg.
12. The Contractor shall have the option to use an approved escrow account for utilization of
the City's retainage funds by so indicating in the appropriate space on the Bid Proposal
form. In the event the Contractor so elects to use the escrow option, he shall execute a
INFO.WPD I - 3
Construction Escrow Agreement, compatible to the form included in the Bid Documents
and prepared by the City Attorney, and deliver said Escrow Agreement to the Engineer
within fifteen (15) calendar days after issuance of the Notice of Award. If the executed
Escrow Agreement form is not submitted to the Engineer within said fifteen (15) day
period, the Contractor shall forfeit his right to use of the escrow account procedure.
13. In accordance with Section 2-339 of the City Code of Fredericksburg, Virginia, the City
Manager has been authorized by the City Council to negotiate with the apparent low
bidder to obtain a contract price within the available funds, should the bid received from
the lowest responsible bidder exceed available funds for this project.
14. The Contractor shall commence the work on or before a date to be specified in the Notice
to Proceed for the work. The work shall be completed within the following time
specified for each elevator.
Elevator:
#1 Train Station (north bound side) Kiss & Ride Facility - 150 consecutive calendar days
#2 Central Rappahannock Regional Library - 60 consecutive calendar days
#3 Fredericksburg Area Museum - 120 consecutive calendar days
#4 Train Station (south bound side) Restaurant Side - 45 consecutive calendar days
#5 Executive Plaza (Elevator No.1, left side) - 160 consecutive calendar days
All work for each elevator shall be completed within the time sated above for each, from
the date when Contract Time commences to run for each elevator, as defined in paragraph
2.3 of the General Conditions.
15. Separate Notices to Proceed (NTP) and Notices of Substantial Completion shall be issued
for each elevator by the Owner.
16. At the Owner’s sole discretion, NTP for Elevator’s #3, #4 and #5 may not be issued by
the Owner until after July 1, 2015.
17. The bidder and all subcontractors under this contract shall not discriminate against any
employee, or other person, on account of race, color, sex, religious creed, ancestry, age,
national origin or other non-job related factors. The bidder and all subcontractors shall
post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of the non-discrimination clause. The City of
Fredericksburg, Virginia, is an equal opportunity employer.
18. No Contractor who has been disqualified from bidding on contracts because of collusion
or any other matter relating to violation of State or Federal Anti-Trust Laws may
construct, either as a prime contractor or subcontractor, any part of this project.
P - 1
BID PROPOSAL
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT – 2015
TO: CITY OF FREDERICKSBURG
DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES
408 Canal St. Fredericksburg, VA 22401
PROJECT: Elevator Modernization & Equipment Replacement – 2015
CITY OF FREDERICKSBURG
In compliance with your Advertisement for Bids, the undersigned hereby proposes to furnish the plant,
labor, materials, and the equipment, and perform all work for the above described project in strict
accordance with the specifications and the Scope of Work, including all addenda thereto, in consideration
of the prices set forth in the Schedule of Prices. The undersigned further agrees, upon receipt of written
notice of an award of the Contract within ten (10) days after the date of the opening of bids, that he will
execute the Contract in the form stipulated in accordance with his bid as accepted, and will furnish to the
Owner a performance bond and a payment bond with good and sufficient surety or sureties, as required by
the Specifications, at the time the Contract is executed.
The bidder further agrees that, if awarded the Contract, he will commence the work on or before a
date to be specified in the written Notice to Proceed and that he will fully complete the work ready for use
not later thereafter than the number of calendar days stipulated for the work in the Information For
Bidders.
The undersigned bidder hereby declares that no person or persons, firm or corporation, other than
the undersigned, are interested in the proposal, as principals and that this proposal is made without
collusion with any person, firm, or corporation.
Security required by the Advertisement For Bids and in the form prescribed is enclosed.
The undersigned Bidder elects/does not elect to use the escrow account procedure for retainage
funds. (Bidder shall circle option accordingly).
NOTE:
If the bidder is a corporation, indicate State of By
incorporation under signature and affix corporate
seal; if a partnership, give full names of all partners.
(Title)
Receipt is hereby acknowledged
to Addenda Nos. to , inclusive.
(Seal) (Business Address)
P - 2
SCHEDULE OF PRICES
This Schedule of Prices accompanies Bid dated submitted by
for the
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT – 2015
NOTES
1. The Bidder agrees that the right is reserved, as the interest of the Owner may require, to
accept or reject, at the Unit Prices, any one of the Bid Items or any combination thereof.
2. All bid items include complete turnkey services as specified in the Scope of Work and
Contract Documents.
3. If there is a discrepancy between the unit price and its extension, the unit price will govern. If
a unit price or lump sum price is omitted, the bid will be rejected.
4. The low bid will be based on the sum of bids for all four elevators. Individual contracts will
not be awarded for each elevator.
Schedule of Prices
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT - 2015
Bid Form
CITY OF FREDERICKSBURG ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT 2015
NO. ELEVATOR LOCATION UNIT QUANTITY UNIT PRICE TOTAL PRICE
1 Train Station Kiss & Ride LS 1
2 Central Rappahannock Regional Library LS 1
3 Fredericksburg Area Museum LS 1
4 Train Station Restaurant Side LS 1
5 Executive Plaza, Elevator No. 1 LS 1
5.A Optional as determined by Owner –
Executive Plaza, Elevator No. 1, New
Interior Panels and Finishes
LS 1
TOTAL PRICE SUM
P - 3
SUBCONTRACTOR IDENTIFICATION SHEET
Bidder proposes to use for this work the following Subcontractors who will perform twenty-five
percent (25%) or more by value.
Subcontractors' Work to be Value of Work
Name, Address, and performed by to be Performed
Contact Person Subcontractor by Subcontractor
B - 1
CITY OF FREDERICKSBURG, VIRGINIA
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that
, as Principal, hereinafter called Principal, and
, a corporation duly organized under the laws of the State of
as Surety, hereinafter called Surety, are held and firmly bound unto the CITY OF
FREDERICKSBURG, VIRGINIA, a municipal corporation, as Obligee, hereinafter called
Obligee, in the amount of DOLLARS ($ ),
lawful money of the United States, for the payment of which amount well and truly to be made,
the said Principal and Surety bind themselves, their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a Bid 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 material furnished in the prosecution thereof, or in the event of the failure
of the Principal to enter 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 , 2015.
WITNESS: (SEAL)
PRINCIPAL
_________________________________
By (SEAL)
WITNESS: (SEAL)
SURETY
By (SEAL)
Page 1 of 7
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year 2015 by and between The
City of Fredericksburg, Virginia (hereinafter called OWNER) and______________________
hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth agree
as follows:
Article 1. WORK.
THE CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents and Scope of Work. The Work is generally described as follows:
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT - 2015
To include the modernization and or selective removal, replacement and installation of new
specified equipment and components, as detailed in the Scope of Work, pertaining to the elevator
located at:
#1 - Fredericksburg Train Station, Kiss & Ride Side and
The ENGINEER shall act as OWNER'S representative, assume all duties and responsibilities and
have the rights and authority assigned to the ENGINEER in the Contract Documents in connection
with completion of the Work in accordance with the Contract Documents. All references in the
Contract Documents to "ENGINEER" shall refer to the Engineering Department of the City of
Fredericksburg or the City’s designated representative.
Article 3. CONTRACT TIME.
3.1 Each elevator will have a separate and distinct duration of Contract Time and run individually
for each elevator. Separate NTPs and Substantial Completions will be issued for each elevator. At
the Owner’s sole discretion, NTP for Elevator’s #3, #4 and #5 may not be issued by the Owner
until after July 1, 2015.
3.1.1 Elevator #1 Train Station - Kiss & Ride: The Work will be substantially
completed within 150 consecutive calendar days from the date that Notice to Proceed (NTP) is
issued, and completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 180 consecutive days from the date when Contract Time commences to
run. Within the 150 consecutive day Contract Time period, Elevator #1 shall be out of service no
longer than 21 consecutive calendar days. The CONTRACTOR shall submit all shop drawings
Page 2 of 7
and submittals, complete any necessary designs, achieve approval thereof, secure permits, and
procure all equipment within 129 calendar days after NTP is issued. The CONTRACTOR shall
then complete the installation and or replacement of all components and elements of the work in
no longer than 21 consecutive calendar days. In no event shall the total Contract Time exceed 150
consecutive calendar days nor the elevator be out of service longer than 21 consecutive calendar
days unless approved in writing by the OWNER. Exceeding either the 150 day period or 21 day
period shall result in Liquidated damages being assessed by the Owner.
3.1.2 Elevator #2 CRR Library: The Work will be substantially completed within 60
consecutive calendar days from the date that Notice to Proceed (NTP) is issued, and completed and
ready for final payment in accordance with paragraph 14.13 of the General Conditions within 90
consecutive calendar days from the date when Contract Time commences to run. Within the 150
consecutive calendar day Contract Time period, Elevator #2 shall be out of service no longer than
7 consecutive calendar days. The CONTRACTOR shall submit all shop drawings and submittals,
complete any necessary designs, achieve approval thereof, secure permits, and procure all
equipment within 53 calendar days after NTP is issued. The CONTRACTOR shall then complete
the installation and or replacement of all components and elements of the work in no longer than 7
consecutive calendar days. In no event shall the total Contract Time exceed 60 consecutive
calendar days nor the elevator be out of service longer than 7 consecutive calendar days unless
approved in writing by the OWNER. Exceeding either the 60 day period or 7 day period shall
result in Liquidated damages being assessed by the Owner.
3.1.3 Elevator #3 Fredericks Area Museum: The Work will be substantially completed
within 150 consecutive calendar days from the date that Notice to Proceed (NTP) is issued, and
completed and ready for final payment in accordance with paragraph 14.13 of the General
Conditions within 180 consecutive days from the date when Contract Time commences to run.
Within the 150 consecutive day Contract Time period, Elevator #3 shall be out of service no
longer than 35 consecutive calendar days. The CONTRACTOR shall submit all shop drawings
and submittals, complete any necessary designs, achieve approval thereof, secure permits, and
procure all equipment within 115 calendar days after NTP is issued. The CONTRACTOR shall
then complete the installation and or replacement of all components and elements of the work in
no longer than 35 consecutive calendar days. In no event shall the total Contract Time exceed 150
consecutive calendar days nor the elevator be out of service longer than 35 consecutive calendar
days unless approved in writing by the OWNER. Exceeding either the 150 day period or 35 day
period shall result in Liquidated damages being assessed by the Owner.
3.1.4 Elevator #4 Train Station - Restaurant Side: The Work will be substantially
completed within 45 consecutive calendar days from the date that Notice to Proceed (NTP) is
issued, and completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 75 consecutive days from the date when Contract Time commences to
run. Within the 45 consecutive day Contract Time period, Elevator #4 shall be out of service no
longer than 4 consecutive calendar days. The CONTRACTOR shall submit all shop drawings and
submittals, complete any necessary designs, achieve approval thereof, secure permits, and procure
all equipment within 41 calendar days after NTP is issued. The CONTRACTOR shall then
complete the installation and or replacement of all components and elements of the work in no
longer than 4 consecutive calendar days. In no event shall the total Contract Time exceed 45
consecutive calendar days nor the elevator be out of service longer than 4 consecutive calendar
Page 3 of 7
days unless approved in writing by the OWNER. Exceeding either the 45 day period or 4 day
period shall result in Liquidated damages being assessed by the Owner.
3.1.5 Elevator #5 Executive Plaza – Elevator No.1: The Work will be
substantially completed within 160 consecutive calendar days from the date that Notice to Proceed
(NTP) is issued, and completed and ready for final payment in accordance with paragraph 14.13 of
the General Conditions within 190 consecutive days from the date when Contract Time
commences to run. Within the 160 consecutive day Contract Time period, Elevator #5 shall be out
of service no longer than 70 consecutive calendar days. The CONTRACTOR shall submit all
shop drawings and submittals, complete any necessary designs, achieve approval thereof, secure
permits, and procure all equipment within 90 calendar days after NTP is issued. The
CONTRACTOR shall then complete the installation and or replacement of all components and
elements of the work in no longer than 70 consecutive calendar days. In no event shall the total
Contract Time exceed 160 consecutive calendar days nor the elevator be out of service longer than
70 consecutive calendar days unless approved in writing by the OWNER. Exceeding either the 160
day period or 70 day period shall result in Liquidated damages being assessed by the Owner.
3.2 Liquidated Damages. The OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed within
the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. They also recognize the delays, expense and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the
Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay OWNER Five Hundred dollars ($500.00) for each day that expires after the time
specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete.
After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER Five Hundred dollars ($500.00) for each day that expires
after the time specified in paragraph 3.1 for completion and readiness for final payment.
3.3 Incentive for Early Completion of Elevator #1. The OWNER shall pay the CONTRACTOR
Five Hundred Dollars ($500.00) per day for every day the CONTRACTOR completes the physical
work, associated with Elevator #1, in less than the 21 consecutive calendars days specified in
section 3.1.1 above. All physical work must be completed, the elevator inspected and approved to
be placed back in service for Public use in compliance with all applicable codes and the Contract
Documents to qualify for the incentive.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds based upon the Bid Items actually installed at the Bid
Prices given in Contractor’s Bid Proposal which is attached hereto as part of these Contract
Documents.
Article 5. PAYMENT PROCEDURES.
Page 4 of 7
THE CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by OWNER as provided in the
General Conditions.
5.1. Progress Payments. THE OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Applications for Payment, within 30 days
of receipt of the Application for Payment, as provided below. All progress payments will
be on the basis of progress of the Work measured by the schedule of values established in
paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the
number of units completed) or, in the event there is no schedule of values, as provided in
the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as OWNER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions.
95% 0f Work completed.
95% of materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation satisfactory to
OWNER as provided in paragraph 14.2 of the General Conditions).
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 95% of the Contract Price, less such amounts as
OWNER shall determine, or OWNER may withhold, in accordance with paragraph
14.7 of the General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay CONTRACTOR an amount
sufficient to increase total payment to 98% of the Contract Price. However, not less than
two percent (2%) of the Contract Price shall be retained until Record Drawings,
specifications, addenda, modifications and shop drawings, including all manufacturers’
instructional and parts manuals, are delivered to and accepted by the OWNER.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of the Project, except that such rate shall
not exceed twelve percent (12%).
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
Page 5 of 7
7.1. The CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations that in
any manner may affect cost, progress, performance or furnishing of the Work.
7.2. The CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all examinations, investigations, explorations, tests,
reports and studies which pertain to the subsurface or physical conditions at or contiguous
to the site or otherwise may affect the cost, progress, performance or furnishing of the
Work as CONTRACTOR considers necessary for the performance or furnishing of the
Work at the Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents, including specifically the provisions of
paragraph 4.2 of the General Conditions; and no additional examinations, investigations,
explorations, tests, reports, studies or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.3. The CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports, studies or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the Work at the
Contract Price, within the contract time and in accordance with the other terms and
conditions of the contract documents, including specifically the provisions of paragraph 4.3
of the General conditions.
7.4. The CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
7.5. The CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by OWNER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1. This Agreement (pages 1 to 7, inclusive).
8.2. Advertisement for Bid (pages AD-1 through AD-3, inclusive).
8.3. Information for Bidders (pages I-1 to I-3, inclusive).
8.4. Contractor’s Bid Proposal (pages P-1 to P-3, inclusive).
8.5 Bid Bond (1 page)
Page 6 of 7
8.6 Construction Escrow Agreement (pages E-1 to E-5, inclusive) (If so elected for use by
the CONTRACTOR.)
8.7. Performance Bond (3 pages)
8.8. Payment Bond (pages PB-1 to PB-2, inclusive).
8.9. Notice of Award (1 page).
8.10. Notice To Proceed (1 page).
8.11 General Requirements (page GR-1 to GR-3).
8.12. Standard General Conditions of the Construction Contract, EJCDC
No. 1910-8 (pages 1 to 31, inclusive).
8.13. Supplemental General Conditions (pages SGC-1 to SGC-13,
Inclusive).
8.14. Scope of Work (pages SOW-1 to SOW-8 inclusive)
8.15. Addenda numbers to , inclusive.
8.16. Documentation submitted by CONTRACTOR prior to notice of Award
(Pages to , inclusive) . NONE
8.17. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the contract Documents pursuant to paragraphs 3.4
and 3.5 of the General Conditions.
8.18. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above). The contract Documents may only be
amended, modified, or supplemented as provided in paragraphs 3.4 and 3.5 of the General
Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions, and Supplementary
Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
Page 7 of 7
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart has been delivered to CONTRACTOR, and two counterparts have been
delivered to OWNER. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR.
This Agreement will be effective on , 2015.
OWNER City of Fredericksburg CONTRACTOR ________________________
BY _______________________ BY ____________________________
TITLE _____________________ TITLE ___________________________
[CORPORATE SEAL] [CORPORATE SEAL]
Attest Attest
Address for giving notices: Address for giving notices:
P. O. Box 7447
Fredericksburg, VA 22404
(If OWNER is a public body, attach License No.
evidence of authority to sign and Agent for service of process:
resolution or other documents
Authorizing execution of Agreement.)
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
E - 1
CITY OF FREDERICKSBURG
CONSTRUCTION ESCROW AGREEMENT
THIS ESCROW AGREEMENT, made and entered into this _______ day of , 2015 by, between and among the City of Fredericksburg, Virginia ("City"), .("Contractor"), ("Bank"),___________________________________________________________ (Address of Bank) a trust company, bank, or savings and loan institution, with a branch office located in the City of Fredericksburg, Virginia, and ___________________("Surety").
I.
The City and the Contractor have entered into a contract dated , 2015, ("Contract"), for Elevator Modernization & Equipment Replacement - 2015. This Escrow Agreement is pursuant to, but in no way amends or modifies, the Contract. Payments made hereunder or the release of funds from escrow shall not be deemed approval or acceptance of the Contractor's performance.
II.
In order to assure full and satisfactory performance by the Contractor of its obligations under the Contract, the City shall retain certain amounts otherwise due the Contractor. The Contractor has, with the approval of the City, elected to have these retained amounts held in escrow by the Bank. This Escrow Agreement sets forth the terms of the escrow. The Bank shall not be deemed a party to, bound by, or required to inquire into, the terms of the Contract or any other instrument or agreement between the City and the Contractor.
III.
The City shall from time to time, pursuant to the Contract, pay to the Bank amounts retained by it under the Contract. The Contractor shall look solely to the Bank for the payment of funds retained under the Contract and paid by the City to the Bank.
E - 2
The risk of loss by diminution of the principal of any funds invested under the terms of this
Escrow Agreement shall be solely upon the Contractor.
Funds and securities held by the Bank pursuant to this Escrow Agreement shall not be subject to levy, garnishment, attachment, lien, or other process whatsoever. Contractor agrees not to assign, pledge, discount, sell or otherwise transfer or dispose of his interest in the escrow account or any part thereof, except to the Surety.
IV.
Upon receipt of checks drawn by the City and made payable to the Bank as escrow agent, the Bank shall promptly notify the Contractor, negotiate the same and deposit, or invest and reinvest the proceeds in approved securities in accordance with the written instructions of the Contractor. In no event shall the Bank invest the escrowed funds in any security not approved herein.
V.
The following securities, and none other, are approved securities for purposes of this Escrow Agreement:
(1) United States Treasury Bonds, United States Treasury Notes, United States Treasury Certificates of Indebtedness, or United States Treasury Bills,
(2) Bonds, notes and other evidence of indebtedness unconditionally guaranteed as to the payment of principal and interest by the United States,
(3) Bonds or notes of the Commonwealth of Virginia,
(4) Certificates of deposit issued by commercial banks located within the Commonwealth, including, but not limited to, those insured by the Banks and its affiliates.
E - 3
(5) Any bonds, notes, or other evidence of indebtedness listed In Sections (1) through (3) may be purchased pursuant to a repurchase Agreement with a bank, within or without the Commonwealth of Virginia having a combined capital, surplus and undivided profit of not less than $25,000,000, provided the obligation of the Bank to repurchase is within the time limitations established for investments as set forth herein. The repurchase agreement shall be considered a purchase of such Securities even if title, and/or possession of such securities are not Transferred to the Bank, so long as the repurchase obligation of the Bank is collateralized by the securities themselves, and the securities have on the date of the repurchase agreement a fair market value equal to at least 100% of the amount of the repurchase obligation of the Bank, the securities are held by a third party, and are segregated from other securities owned by the Bank.
No security is approved hereunder which matures more than five years after the date of its purchase by the Bank or deposit by the Contractor.
VI.
Upon receipt of a direction signed by the City Manager, the Bank shall pay and deliver the principal of the fund, or any specified amount thereof, to the Contractor, in cash or in kind, as may be specified by the Contractor. Such payment and delivery shall be made as soon as is practicable after receipt of the direction.
VII.
For its services hereunder, the Bank shall be entitled to a reasonable fee in accordance with its published schedule of fees or as may be agreed upon by the Bank and the Contractor. Such fee and any other costs or administration of this Agreement shall be paid from the income earned upon the escrowed fund and, if such income is not sufficient to pay the same, by the Contractor.
VIII.
The net income earned and received upon the principal of the escrowed fund shall be paid over
E - 4
to the Contractor upon final acceptance of the project by the City. Until so paid or applied to pay the Bank's fee or any other costs of administration, such income shall be deemed a part of the principal of the fund.
IX. The Surety undertakes no obligation hereby but joins in this Escrow Agreement for the sole
purpose of acknowledging that its obligations as surety for the Contractor's performance of the Contract are not affected hereby.
WITNESS the following signatures, all as of the day and year first above written. CITY OF FREDERICKSBURG, VIRGINIA
By: City Manager
Attest:
CONTRACTOR/COMPANY NAME
By:
Corporate Officer, Partner or Owner
Attest: Secretary of Corporation or Company
BANK NAME
By: Vice-President
Attest:
E - 5
Bank Officer
SURETY NAME
By: Attorney-in-Fact
Attest:
Surety Company By:
Resident Virginia Agent
Address
Revised: Sept. 11, 2002
PFB-1
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
(Name of Contractor)
(Address of Contractor)
a Corporation, Partnership, or Individual (select one) hereinafter called Principal, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the penal sum of _________________________________ Dollars
($______________) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
contract with the OWNER, dated the ______day of ______________, 2009___, a copy of which is
hereto attached and made a part hereof for the construction of:
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original term
thereof, and any extensions which may be granted by the OWNER, with or without notice to the
Revised: Sept. 11, 2002
PFB-2
Surety and during the one year guarantee period, and if he shall satisfy all claims and demands
incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs
and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the
OWNER all outlay and expense which the OWNER may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that its
obligation on this bond shall extend and apply to said contract dated the _____ day of __________,
20___ and to such contract as it may be amended or otherwise modified by any change, extension of
time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or
the SPECIFICATIONS accompanying the same, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS.
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, this instrument is executed in ______ counterparts, (number) each one of
which shall be deemed an original, this the _____day of ____________ , 20___.
NOTE: Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is
Partnership, all partners should execute BOND.
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.
PAYBOND.WPD PB - 1
CITY OF FREDERICKSBURG, VIRGINIA
CONSTRUCTION PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
, hereinafter called Principal, and
, hereinafter called Surety, are held
and firmly bound unto the CITY OF FREDERICKSBURG, VIRGINIA, a municipal corporation,
as Obligee, hereinafter called Owner, in the amount of
DOLLARS ($ ), lawful
money of the United States, for the payment of which amount well and truly to be made, the
Principal and Surety bind themselves, their heirs, personal representatives, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated , 2015, entered into a
contract with Owner for the Elevator Modernization & Equipment Replacement – 2015
and more fully described in the Contract Documents, Scope of Work and Advertisement for Bid,
for the Elevator Modernization & Equipment Replacement – 2015, which are by reference made
a part hereof, and are hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and
material used or reasonably required for use in the performance of the Contract, then this
obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a
Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in
the performance of the Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable
to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined, who has not been paid in full before the expiration
of a period of ninety (90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant, may sue on this bond for
the use of such or sums as may be justly due claimant, and have execution thereon. The Owner
shall not be liable for the payment of any costs of expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
PAYBOND.WPD PB - 2
a. Unless claimant, other than one having a direct contract with the Principal,
shall have given written notice to any two of the following: the Principal, the Owner, or the
Surety above named, within one hundred eighty (180) days after such claimant did or performed
the last of the work or labor, or furnished the last of the materials for which said claim is made,
stating with substantial accuracy the amount claimed and the name of the party to whom the
materials were furnished or for whom the work was done or performed. Such notice shall be
served by mail, postage prepaid, in an envelope addressed to the Principal, at any place where an
office is regularly maintained for the transaction of business.
b. After expiration of one (1) year following the date on which Principal ceased
work on said Contract, it being understood, however, that if any limitation embodied in this bond
is prohibited by any law controlling the construction hereof, such limitation shall be deemed to
be amended so as to be equal to the minimum period of limitation permitted by such law.
c. Other than in a state court of competent jurisdiction in and for the city or other
political subdivision of the state in which the Project, or any part thereof, is situated, or in the
United States District Court for the district in which the Project, or any part thereof, is situated,
and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or
payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens
which may be filed of record against said improvement, whether or not claim for the amount of
such lien be presented under and against this bond.
Signed and sealed this day of , 2015, in three counterparts each of which
shall, without proof or accounting for the other counterparts, be deemed an original thereof.
PRINCIPAL
WITNESS: By
(SEAL)
Title
SURETY
WITNESS: By
(SEAL)
Title
NOTICE OF AWARD
DATE:
TO:
PROJECT: Elevator Modernization & Equipment Replacement - 2015
City of Fredericksburg
You are hereby notified that your Bid Proposal dated , 2015 for the above project has
been considered. You are the successful bidder and have been awarded the contract for this
project.
The Contract Price of your contract is dollars ($ ), as
tabulated in the Schedule of Prices.
In accordance with the Information for Bidders, within 10 calendar days of receipt of this Notice of Award,
you must deliver the following to the Director of Parks, Recreation and Public Facilities, 408 Canal St.
Fredericksburg, VA 22401. (Use P.O. Box 7447, Fredericksburg, VA 22404-7447 if sending by U.S.
mail):
1. Three fully executed copies of the Agreement, Bid Proposals, Schedule of Prices,
Subcontractor Identification Sheet (if applicable), Bid Bond, Construction Escrow Agreement
(if elected), Performance Bond and Construction Payment Bond.
(One blank copy of each required document is enclosed for your convenience)
2. Three copies of your Certificate of Liability Insurance with the City of Fredericksburg
listed as the Certificate holder.
3. Three copies of the Project Schedule.
Failure to comply with these conditions within the time specified will entitle the City of Fredericksburg to
consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
City of Fredericksburg, Virginia
By
Department of Parks, Recreation and Public Facilities
Receipt of this NOTICE OF AWARD is hereby acknowledged:
Contractor Date
N O T I C E T O P R O C E E D
Date: To: Project: Elevator Modernization & Equipment Replacement – 2015 Elevator #1 Train Station/Kiss & Ride Facility
City of Fredericksburg, Virginia You are hereby notified that the Contract Time for the above project will commence to run on , 2015. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the Elevator Modernization & Equipment Replacement – 2015, Elevator #1 shall be substantially complete by ,2015, which is 150 consecutive calendar days from the date of the Agreement, and completed and ready for final payment by , 2015 which is 180 days from the date when Contract Time commences to run. City of Fredericksburg, Virginia By
Department of Parks, Recreation and Public Facilities
ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
By:
Title:
Date:
GREQ.WPD GR - 1
GENERAL REQUIREMENTS
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT – 2015
CITY OF FREDERICKSBURG
A. Summary of Work
The work shall be as described by these Contract Documents and shall consist of providing all
design, permits, plant, labor, equipment, materials and services necessary for the code compliant
installation of the project described by these Contract Documents.
B. Work Sequence and Scheduling
1. CONTRACTOR shall coordinate the work with the City's Director of Parks,
Recreation and Public Facilities or his designee.
2. ABSOLUTELY NO PLANNED DISRUPTION OF WATER SERVICE OR
PUMPING CAPABILITIES WILL BE ALLOWED WITHOUT AT LEAST TWO (2)
FULL WORKING DAYS PRIOR WRITTEN NOTICE TO, AND UPON WRITTEN
APPROVAL BY, THE DIRECTOR OF PUBLIC WORKS.
3. CONTRACTOR shall notify OWNER of the location and the extent of planned traffic
disruptions at least two (2) working days before the planned disruptions.
4. The work to be included in this Contract shall include the elevators listed in the Scope
of Work of these Contract Documents.
5. The Contractor shall provide a Project Schedule within 10 days of the Effective Date
of the Contract, but in no case more than ten days prior to starting work. This schedule
shall be updated weekly, providing locations and type of work proposed to be performed
each day. This schedule is essential to allow the Department of Parks, Recreation and
Public Works to notify City staff, City residents, the media, and any others of the
scheduled work activities.
6. The City reserves the right to schedule the work as it sees fit to avoid conflicts with
civic events, other construction work, or for any other reason. The Contractor will be
notified of any such schedule deviations, and shall be expected to reschedule the work at
a more convenient and acceptable date. Any requests for damages due to rescheduling
work will be resolved only by adding time to the contract, as described in Section 12 of
the General Conditions.
GREQ.WPD GR - 2
C. Measurement and Payment
1. Lump Sum Payment Items shall include, but not be limited to, all design, permits,
testing, labor, material, equipment and supplies necessary to complete Bid Item.
2. Mobilization, cleanup, and restoration shall be considered incidental to the WORK
and shall be included in the unit cost for each bid item.
3. Payments for additions to, and credits for deletions from, the Work as described above
shall only be made pursuant to these Contract Documents.
D. Construction Facilities
1. CONTRACTOR shall at no cost to CITY obtain facilities for the storage of equipment
and materials during the course of the Work.
2. Overnight storage of equipment and materials within the CITY'S, properties,
easements or rights-of-way shall not be permitted unless approved in advance by the
CITY.
E. Construction Notes
1. CONTRACTOR shall call Miss Utility of Virginia at least 48 hours prior to any
excavating, clearing or grading work, and shall comply with all requirements of the
current approved version of the Virginia Underground Utility Damage Prevention Act.
Final location of existing buried utilities shall be by hand excavation, after excavation to
within one (1) foot of the utility by power excavating equipment.
2. The CONTRACTOR shall use extreme care to prevent the deposition of any foreign
substances or contaminants which may be injurious to the City's storm water or sanitary
sewer collection systems. The CONTRACTOR shall take all measures and as required
by the Director of Parks, Recreation and Public Facilities to prevent any contamination of
these areas during all phases of the project.
3. It shall be the responsibility of the CONTRACTOR to take any measures as may be
necessary or as may be directed by the Director of Parks, Recreation and Public Facilities
to safely accommodate pedestrian and vehicular traffic. The unnecessary obstruction of
streets and/or sidewalks, walkways or travel ways during construction will not be
permitted. Streets, sidewalks, walkways or travel ways and driveways shall be kept
clean during all phases of construction unless otherwise authorized in advance by the
Director of Parks, Recreation and Public Facilities.
GREQ.WPD GR - 3
4. CONTRACTOR shall provide all barricades, elevator out of order signs, lockout - tag
out procedures & materials, and other safety control materials and equipment necessary to
protect the workers, the work zone, and pedestrians. Safety control measures shall be in
accordance with all applicable OSHA and VOSH standards.
5. WORKING HOURS shall be 7:00 AM to 5:00 PM EST Monday through Friday.
6. CONTRACTOR shall provide for the Project as detailed in the Scope of Work to be
completed as Turn Key with all engineering, designs, permits, testing and work to
complete the intent of the scope as described in the Contract Documents and in
compliance with all Federal, State and local codes.
- 1 -
This document has important legal consequences; consultation with an attorney is encouraged with
respect to its completion or modification.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
____________________________
AMERICAN CONSULTING ENGINEERS COUNCIL
____________________________
AMERICAN SOCIETY OF CIVIL ENGINEERS
____________________________
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or
1910-8-A-2, 1983 editions). Their provisions are interrelated and a change in one may necessitate a change in the others.
Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract
Documents, No. 1910-9, 1981 edition. For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of
Instructions to Bidders (No. 1910-12, 1983 edition) may be used. EJCDC No. I9IO-8 (1983 Edition) Reprinted 2/87
Work Directive Change - Delete the words "and recommended by ENGINEER".
ARTICLE 2 - PRELIMINARY MATTERS
2.2 Delete the entire paragraph 2.2 and substitute the following:
"2.2 OWNER shall furnish to the CONTRACTOR up to three (3) sets of the Contract Documents.
Additional copies will be furnished, upon request, at the cost of reproduction."
2.6.3 Delete the entire paragraphs 2.6.2 and 2.6.3.
2.7 Delete the words, "with a copy to ENGINEER".
2.9 Delete the entire paragraph 2.9 and substitute the following:
"2.9 At least ten (10) days before submission of the first Application for Payment a conference
attended by CONTRACTOR, OWNER and others as appropriate will be held to finalize the
schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be
acceptable to OWNER as providing an orderly progression of the Work to completion within the
Contract Time, but such acceptance will neither impose on OWNER responsibility for the progress
or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized
schedule for shop drawing submissions will be acceptable to OWNER as providing a workable
arrangement for processing the submissions."
SGC - 2
ARTICLE 3 - CONTRACT DOCUMENTS
3.4.3 Delete the entire paragraph.
3.6 Delete the entire paragraph 3.6 and substitute the following:
"3.6 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work shall have or acquire any title to or ownership rights in any
of the Drawings, Specifications or other documents (or copies thereof) prepared by or bearing the
seal of the ENGINEER or its consultants; and they shall not reuse any of them on extensions of the
Project or any other project."
ARTICLE 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS
4.2.3 Delete the words "OWNER and".
4.2.4 Delete the entire paragraph 4.2.4 and substitute the following:
"4.2.4 ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine
the necessity of obtaining additional explorations or tests with respect thereto and advise
CONTRACTOR of ENGINEER's findings and conclusions."
4.3. Delete the words "and ENGINEER".
4.4 Delete the words "OWNER shall provide engineering surveys", and substitute the following:
"ENGINEER Shall provide engineering surveys".
ARTICLE 5 - BONDS AND INSURANCE
5.1 Amend Paragraph 5.1 by the addition of the following language after the last sentence thereof:
"If such authority is derived from a general power of attorney, CONTRACTOR shall also provide
proof that such power of attorney has been recorded in the deed books of the clerk of the circuit
court of the city or county where such power of attorney is exercised, as provided by Virginia Code
§38.1-653. All bonds shall be written by sureties or insurance companies licensed to do business in
the Commonwealth of Virginia."
5.3.7 Delete the words "and ENGINEER".
5.3.10 Add a new paragraph 5.3.10 by the addition of the following language:
"5.3.10. CONTRACTOR shall provide the comprehensive general liability and other insurance listed
in Paragraph 5.3, with OWNER named as an additional insured, with the following coverage limits:
SGC - 3
Public Liability (Bodily Injury:)
Each person $ 500,000
Each occurrence 1,000,000
Public Liability (Property Damage)
Each person $ 200,000
Automobile (Bodily Injury)
Each person $ 200,000
Each accident 500,000
Automobile (Property Damage)
Each accident $ 100,000
Worker's Compensation In accordance with the requirements of the federal,
state, and local laws for the protection of all
contractors' employees working on or in connection
with the project.
Excess Catastrophe Coverage
Minimum limit $2,000,000
At its option, CONTRACTOR may increase the limits of
liability to amounts greater than those referred to above."
5.3.11 Add a new Paragraph 5.3.11 by the addition of the following language:
"5.3.11. For each policy of insurance that CONTRACTOR is required to obtain pursuant to this
Article, CONTRACTOR shall submit the proposed policy form and deductible amounts to OWNER
for review and approval within 10 days after the execution of the Agreement. Certificates of
Insurance showing the approved coverages and deductible amounts for all such policies shall also
be reviewed and approved by OWNER prior to commencement of the Work."
5.3.12 Add a new Paragraph 5.3.12 by the addition of the following language:
"5.3.12. Claims and other matters relating to the insurance required by Article 5 and which relate to
the Work shall be administered by CONTRACTOR as follows:
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5.3.12.1. CONTRACTOR shall designate a primary contact person with whom OWNER, claimants,
insurance company representatives, etc., can coordinate all insurance related matters.
5.3.12.2. CONTRACTOR shall provide OWNER with copies of all correspondence relating to claims
made against the insurance required by Article 5.
5.3.12.3. CONTRACTOR shall provide OWNER with written notification of how each claim is to be
resolved. Such notification shall indicate if the claim is to be paid, denied, litigated, or otherwise
settled or negotiated.
5.3.12.4. Prior to the final payment being made in accordance with Paragraph 14.13,
CONTRACTOR shall provide OWNER with a written report describing the status of all known claims,
resolved or under consideration, which have been made against the insurance required by Article 5.
5.3.12.5. Receipt and any acknowledgment thereof by OWNER of any of the submissions required
by Paragraph 5.3.12 shall not release CONTRACTOR of any obligations or requirements set forth in
the Contract Documents."
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.2 Delete the words "and ENGINEER".
6.3 Delete the words "given after prior written notice to ENGINEER".
6.6 Paragraph 6.6 and insert the following language in lieu thereof:
"6.6.1. CONTRACTOR shall comply with the Progress Schedule established by CONTRACTOR and
approved by OWNER, as provided in Paragraph 2.9, and agrees that he will carry the Work forward
expeditiously, without interruption, within the CONTRACT TIME. CONTRACTOR shall submit to
OWNER for OWNER’s review and approval, adjustments in the Progress Schedule to reflect the
impact of new developments as provided in the Contract Documents.
6.6.2. Should CONTRACTOR fail to comply with the Progress Schedule, as approved in
accordance with Paragraph 2.9 and 6.6.1, or, in ENGINEER's opinion, otherwise fail, refuse, or
neglect to supply a sufficient amount of labor, materials, or supervision in the prosecution of the
Work, OWNER shall have the right to (1) direct CONTRACTOR, at CONTRACTOR's expense, to
furnish such additional labor and/or materials to comply with the Progress Schedule or otherwise
diligently prosecute the Work, (2) carry out the Work in accordance with Paragraph 13.14, or (3)
terminate the Contract in accordance with Article 15."
6.7.3 Delete from the last sentence the words "ENGINEER AND".
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6.8.3 Add the following as paragraph 6.8.3:
‘’6.8.3 Pursuant to item 6 of the Information for Bidders, Bidders shall be required to identify all
subcontractors who will be performing twenty-five percent (25%) or more by value of the work.”
6.20 Delete from the last sentence the words "to OWNER and".
6.30 Delete Paragraph 6.30 and insert the following language:
"6.30. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents, and employees from and against all claims,
damages, losses, and expenses, direct, or indirect, or consequential (including, but not limited to,
fees and charges of engineers, architects, attorneys and other professionals and court and
arbitration costs) arising out of or resulting form the performance of the Work."
ARTICLE 7 - OTHER WORK
7.1 Delete the second sentence of paragraph 7.1 and substitute the following:
"If the fact that such work is to be performed was not noted in the Contract Documents, written
notice thereof will be given to CONTRACTOR prior to starting any such work."
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.2 Delete Paragraph 8.2 and insert the following language in lieu thereof:
"8.2. OWNER shall designate the ENGINEER to be its representative with respect to the Work to be
performed under this Agreement. ENGINEER shall have complete and sole authority to transmit
instructions to CONTRACTOR, receive information, and to interpret and define OWNER's policies;
provided, however, that the City Manager of the City of Fredericksburg, Virginia, shall have sole
authority to execute Change Orders, Work Directive Changes, Stop Work Orders, and Written
Amendments on behalf of OWNER."
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
9.1 Delete from the last sentence of paragraph 9.1 the words:
"and shall not be extended without written consent of OWNER and ENGINEER."
9.3 Delete paragraph 9.3 in its entirety.
9.5 Delete the second sentence of paragraph 9.5 and substitute the following:
"These may be accomplished by a Field Order which will be binding on CONTRACTOR who shall
perform the Work involved promptly."
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9.10 Delete the third sentence of paragraph 9.10 and substitute the following:
"ENGINEER's written decision thereon shall be final and binding upon CONTRACTOR, unless,
within ten (10) days after the date of any such decision CONTRACTOR delivers to ENGINEER
written notice of intent to appeal from such a decision."
9.11 Delete the entire paragraph 9.11 and substitute the following:
"9.11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and
judge of the acceptability of the Work thereunder."
9.12 Delete the entire paragraph 9.12.
ARTICLE 10 - CHANGES IN THE WORK
10.1 Delete paragraph 10.1 and substitute the following:
"10.1 A Change Order is a written order to the CONTRACTOR signed by the ENGINEER, issued
after execution of the Agreement, authorizing a change in the Work or an adjustment in the Contract
Price or the Contract Time. The Contract Price and the Contract Time may be changed only by
Change Order. A Change Order signed by the CONTRACTOR indicates his agreement therewith,
including the adjustment in the Contract Price or the Contract Time."
10.2 Delete paragraph 10.2 and substitute the following:
"10.2 The OWNER, without invalidating the Agreement, may order changes in the Work within the
general scope of the Agreement consisting of additions, deletions or other revisions, the Contract
Price and the Contract Time being adjusted accordingly. All such changes in the Work shall be
performed under the applicable conditions of the Contract Documents. No claim for a change in the
Work will be considered or allowed unless the said change has been approved in advance by the
OWNER in writing."
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.2 Delete Paragraph 11.2 and insert the following language in lieu thereof:
"11.2. The Contract Price may only be changed by Change Order. Any claim for an increase or
decrease in the Contract Price shall be based on written notice delivered by the party making the
claim to the other party and to ENGINEER promptly (but in no event later than twenty (20) days) after
the occurrence of the event giving rise to the claim and stating the general nature of the claim. If
such claim is made in connection with an extension of the Contract Time, such notice shall be in
addition to the notice required under Article 12. On or before the fifth day of the month succeeding
that in which he has provided such notice, CONTRACTOR shall provide ENGINEER with an
itemized statement of the details and amount of such claim and a written statement that the amount
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claimed covers all known amounts (direct, indirect, and consequential) to which the claimant is
entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price
will be valid if not submitted in accordance with Paragraph 11.2."
11.10 Add a new Paragraph 11.10 by the addition of the following language:
"11.10. Damages for Delay
11.10.1. Notwithstanding any other provision of this Contract to the contrary, CONTRACTOR shall
not be entitled to any compensation for damages or to a claim for an increase in the Contract Price
or to reimbursement for any losses on account of delay in his performance of the Work resulting
from any cause; provided, however, that CONTRACTOR shall be entitled to costs or damages for
unreasonable delays caused by acts or omissions of OWNER, its agents, or employees that are due
to causes within the control of OWNER, its agents, or employees. For purposes of this Paragraph,
the term 'unreasonable delay' shall mean any delay of thirty (30) or more consecutive days on which
ENGINEER has determined that CONTRACTOR could not have performed any major Work on site.
11.10.2. CONTRACTOR shall file any claim for damages due to unreasonable delay within twenty
(20) days after the occurrence of the event giving rise to the claim. Any claim not filed within such
time period and in strict accordance with the other provisions of Paragraph 11.2 shall be denied.
Any CONTRACTOR claim for damages due to unreasonable delay shall be subject to offset by
OWNER claims for costs arising out of that portion of such delay caused by the acts or omissions of
CONTRACTOR, its subcontractors, agents, or employees."
ARTICLE 12 - CHANGE OF CONTRACT TIME
Delete Article 12 and insert the following language in lieu thereof:
"ARTICLE 12 - CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by Change Order. Any claim for an extension or
shortening of the Contract Time shall be based on written notice delivered by the party making the
claim to the other party and to ENGINEER promptly (but in no event later than twenty (20) days) after
the occurrence of the event giving rise to the claim and stating the general nature of the claim. On or
before the fifth day of the month succeeding that in which he has provided such notice,
CONTRACTOR shall provide OWNER and ENGINEER with notice of the extent of the claim with
supporting data and a written statement that the adjustment claimed is the entire adjustment to
which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in
the Contract Time shall be determined by ENGINEER in accordance with Paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with Paragraph 12.1.
12.2. If CONTRACTOR is delayed at any time in the progress of the Work by any act or neglect of
OWNER or ENGINEER, or by any employee of either, or by any separate contractor employed by
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OWNER, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in
transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or
any causes beyond CONTRACTOR's control, or by delay authorized by OWNER pending mediation
or arbitration, or by any other cause which ENGINEER determines justifies the delay, then the
Contract Time shall be extended by Change Order for such reasonable time as ENGINEER may
determine.
12.3. TIME IS OF THE ESSENCE OF THIS AGREEMENT. OWNER may sustain financial loss for
which CONTRACTOR shall be liable if the Work or any part of the Project is delayed because of
CONTRACTOR's failure to perform any part of his services in accordance with the Contract
Documents."
ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.13 Delete paragraph 13.13 in its entirety and substitute the following:
"13.13 Instead of requiring correction or removal and replacement of defective work, OWNER may
accept such defective work. CONTRACTOR shall bear all direct, indirect and consequential costs
attributable to OWNER's evaluation of and determination to accept such defective work (such costs
to include but not be limited to fees and charges of engineers, attorneys or other professionals).
OWNER shall be entitled to an adjustment in the Contract Price through a Change Order, and/or a
Written Amendment to the AGREEMENT, extending any guarantee or warranty which is required in
the Contract Documents."
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.2 Delete from the first sentence of paragraph 14.2 the words, "twenty (20) days" and substitute the words:
"ten (10) days"
14.4 Delete paragraph 14.4 in its entirety and substitute the following:
“14.1 ENGINEER will within five (5) days after receipt of each Application for Payment, either
process for payment the Application for Payment, or return the Application for Payment to
CONTRACTOR indicating in writing the reasons for refusing to process for payment the Application
for Payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit
the Application. Five (5) days after ENGINEER's processing of the Application, the amount
processed by ENGINEER will (subject to the provisions of paragraph 14.7) be paid by OWNER to
CONTRACTOR."
14.5 Delete paragraph 14.5 in its entirety and substitute the following:
"14.5 ENGINEER's processing of any Application for Payment does not indicate final acceptance by
the OWNER or ENGINEER of any portion of the Work as being in accordance with the Contract
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Documents as described in ARTICLE 13, or that there may not be other matters or issues between
the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR."
14.6 Delete paragraph 14.6 in its entirety.
14.7 Delete paragraphs 14.7, 14.7.1, 14.7.2, 14.7.3 and 14.7.4 in their entirety and substitute the following:
"14.7 ENGINEER may refuse to process the whole or any part of any Application for Payment as
may be necessary in ENGINEER's opinion to protect OWNER from loss because:
14.7.1 The Work is defective, or completed Work has been damaged requiring correction or
replacement,
14.7.2 the Contract Price has been reduced by Written Amendment or Change Order,
14.7.3 OWNER has been required to correct defective Work or complete Work in
accordance with paragraph 13.14,
14.7.4 of ENGINEER's actual knowledge of the occurrence of any of the events enumerated
in paragraphs 15.2.1 through 15.2.9 inclusive, or,
14.7.5 claims have been made against OWNER on account of CONTRACTOR's
performance or furnishing the Work or Liens have been filed in connection with the Work or
there are other items entitling OWNER to a set-off against the amount requested in any
Application for Payment, but ENGINEER must give CONTRACTOR immediate written notice
stating the reasons for such action."
14.8 Delete the entire paragraph 14.8 and substitute the following:
“14.8 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR
shall notify ENGINEER in writing that the entire Work is substantially complete (except for items
specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, CONTRACTOR and ENGINEER
shall make an inspection of the Work to determine the status of completion. Engineer will then either
issue a Certificate of Substantial Completion which shall fix the date of substantial completion.
ENGINEER and CONTRACTOR shall in writing define the division of responsibilities between
OWNER and CONTRACTOR relating to security, operation, safety, maintenance, heat, utilities,
insurance and warranties; or ENGINEER will notify the CONTRACTOR in writing that the Work is not
substantially complete and shall state the reasons therefore.”
14.10 Delete paragraph 14.10, 14.10.1 and 14.10.2 in their entirety and substitute the following:
“14.10 Use by OWNER of any unfinished part of the work, which has been identified in the
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Contract Documents, or which ENGINEER and CONTRACTOR agree constitutes a separately
functioning and useable part of the Work that can be used by the OWNER without significant
interference with the CONTRACTOR's performance of the remainder of the Work, may be
accomplished prior to completion of all of the Work subject to the following:
14.10.1 OWNER may at any time request CONTRACTOR in writing to permit OWNER to use any
such part of the WORK which OWNER believes to be ready for its intended use and substantially
complete. If CONTRACTOR agrees, CONTRACTOR shall certify to ENGINEER that said part of the
Work is substantially complete and request ENGINEER to issue a Certificate of Substantial
Completion for that part of the Work pursuant to paragraph 14.8.
14.10.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. Within a
reasonable time after such request, ENGINEER and CONTRACTOR shall make an inspection of
that part of the Work to determine its status of completion and ENGINEER will prepare a list of the
items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does
not object in writing to ENGINEER that such part of the Work is not ready for operation by OWNER,
ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to
CONTRACTOR. OWNER and CONTRACTOR shall define in writing the division of responsibilities
between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance,
utilities, insurance, warranties and guarantees for that part of the work which will become binding
upon OWNER and CONTRACTOR at the time when OWNER takes over such operation. During
such operation and prior to substantial completion of such part of the Work, OWNER shall allow
CONTRACTOR reasonable access to complete or correct items on said list and to complete other
related work.”
14.10.4 Add the following as paragraph 14.10.4:
“14.10.4 OWNER's responsibilities for operation and maintenance of any part of the Work which
must be placed into service immediately upon installation and acceptance testing shall not include
correction of any defective Work nor completion of any of the Work. Should OWNER discover or
suspect defective Work as a result of OWNER's use of that part of the Work, the OWNER shall
immediately notify in writing the CONTRACTOR of the defective Work.”
14.11 Delete the words "OWNER and".
14.13 Delete paragraph 14.13 in its entirety and substitute the following:
“14.13 If, on the basis of ENGINEER's observation of the Work during construction and final
inspection, and ENGINEER's review of the final Application for Payment and accompanying
documentation, all as required by the Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations under the Contract Documents have
been fulfilled, ENGINEER within ten (10) days after receipt of the final Application for Payment will
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process for payment said Application. Thereupon, ENGINEER will give written notice to the
CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise
ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for
refusing to process the Application for Payment. Thirty (30) days after the Application for Payment
has been processed, the final payment will become due and shall be paid by the OWNER to the
CONTRACTOR.”
14.15 Delete from the second sentence of paragraph 14.15 the words, "Neither recommendation of any progress
or final payment by ENGINEER," and substitute the following: "Neither processing of any progress or final
payment by ENGINEER,".
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.1 Delete paragraph 15.1 in its entirety and substitute the following:
“15.1 OWNER may, at any time and without cause, suspend the work or any portion thereof for a
period of not more than ninety (90) days by notice in writing to the CONTRACTOR. The written
notice shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on
the date so fixed. CONTRACTOR shall be allowed an extension in the Contract Time directly
attributable to any suspension if CONTRACTOR makes an approved claim therefore as provided in
Articles 11 and 12."
15.2 Delete from the last sentence of paragraph 15.2 the following words: "approved as to
reasonableness by ENGINEER and".
15.4 Delete from paragraph 15.4 the words: "and ENGINEER".
15.5 Delete from the first sentence of paragraph 15.5 the words, "upon seven days' written notice to OWNER
and ENGINEER," and substitute the following: "upon seven days' written notice to OWNER".
ARTICLE 16 - ARBITRATION
Delete the entire Article 16.
ARTICLE 17- MISCELLANEOUS
17.5 Add a new Paragraph 17.5 by the addition of the following language:
"17.5. Any legal action brought to enforce or interpret the terms of this Contract by either party
shall be subject to the exclusive jurisdiction of the Circuit Court of the City of Fredericksburg,
Virginia."
17.6 Add a new Paragraph 17.6 by the addition of the following language:
"17.6. In the event of any conflict or inconsistency among the provisions of the Contract
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Documents, the applicable provisions of the Supplementary Conditions shall control."
17.7 Add a new Paragraph 17.7 by the addition of the following language:
"17.7. All funds for payments by OWNER after June 30 of the current fiscal year are subject to
the availability of City appropriations for this purpose. In the event of non- appropriation of funds
by the City Council for the items under this Agreement, the City shall have the right to terminate
this Agreement on June 30 of the then-current fiscal year. In the event funding or the payment of
invoices is subject to the availability of federal or state funding and such federal or state funding is
not made available, this Agreement shall be terminated effective the date of non-availability of
funds for those items dependent on such funds."
17.8 Add a new Paragraph 17.8 by the addition of the following language:
"17.8. In accordance with Section 11-51 of the Code of Virginia, CONTRACTOR shall include the
following provisions in all contracts and subcontracts for goods or services over $10,000:
1. During the performance of this Contract, CONTRACTOR agrees as follows:
a. CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, religion, sex or national origin, except where religion,
sex or national origin is a bona fide occupational qualification reasonably
necessary to the normal operation of CONTRACTOR. 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. CONTRACTOR, in all solicitations or advertisement for employees placed by or
on behalf of CONTRACTOR, will state that 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.
2. CONTRACTOR shall 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."
17.9 Add a new Paragraph 17.9 by the addition of the following language:
"17.9. All references in the Agreement and the General Conditions (including, but not limited to,
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Paragraphs 4.2.1, 4.2.2, 6.8.2, and 9.3) to the effect that modifications of the General Conditions
shall be found in the Supplementary Conditions, shall be changed to indicate that such modifications
shall be set forth in the Contract Documents."
17.10 Add a new Paragraph 17.10 by the addition of the following language:
“17.10 INTERPRETATION: Should any provision of this Agreement require interpretation or
construction, it is agreed by the parties that the court interpreting or construing this Agreement shall
not apply a presumption that the provision be more strictly construed against one party by reason of
the rule of construction that a document is to be construed more strictly against the party itself or
through its agents prepared the same, it being agreed that the parties hereto and their respective
attorneys and agents have fully participated in the preparation of all provisions hereof.”
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CITY OF FREDERICKSBURG, VIRGINIA
ELEVATOR MODERNIZATION & EQUIPMENT REPLACEMENT – 2015
SCOPE OF WORK
I. Background
The City of Fredericksburg, Department of Parks, Recreation and Public Facilities is
responsible for the maintenance and upkeep of elevators located in City facilities as well as
other facilities which may not be owned by the City. The City has identified five elevators
under their responsibility in need varying degrees of repairs and modernization. The scope of
the services required for each of the five elevators is described in the following section.
The City of Fredericksburg, Virginia is accepting bids from qualified elevator installation
companies for modernization and repair services for five elevators located throughout the City.
Three of the elevators require extensive modernization and repair while two other elevators
require less intense equipment replacement and or installation. It is anticipated that NTP for
Elevators #1 and #2 will be issued prior to July1, 2015. At the Owner’s sole discretion, NTP
for Elevator’s #3, #4 and #5 may not be issued by the Owner until after July 1, 2015.
The four locations of the elevators are as follow:
1. Train Station/Kiss & Ride Facility (north bound side of train tracks)
200 Lafayette Blvd
Fredericksburg, VA 22401
Services required: Modernization
2. Central Rappahannock Regional Library
1201 Caroline St.
Fredericksburg, VA 22401
Services required: Furnishing and installation of select equipment/parts/material
3. Fredericksburg Area Museum 907 Princess Anne St.
Fredericksburg, VA. 22401
Services required: Modernization
4. Train Station/Restaurant Side (south bound side of train tracks) 200 Lafayette Blvd
Fredericksburg, VA, 22401
Services required: Furnishing and installation of select equipment/parts
5. Executive Plaza (Elevator No.1, left side)
601 Caroline Street
Fredericksburg, VA 22401
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II. Scope of Work
Contractor shall provide all design, permits, materials, labor, tools, equipment and
incidentals necessary to complete the work described herein in accordance with all local,
State and Federal codes.
Elevator #1 Train Station/Kiss & Ride Facility
(north bound side)
200 Lafayette Blvd
Fredericksburg, VA 22401
Description of elevator:
Original Manufacturer: Virginia Controls
Type: Hydraulic
Capacity: 3000 lbs
Speed: 100 FPM
Stops: 2 stops, two openings – one (1) front and one (1) rear
Travel: 16’
Door opening: CP – 42” x 84”
Work and new equipment to be included at a minimum:
1. New Virginia Controls, or approved equal, Controller w/ battery lowering, tape landing
system, solid state starter and hoistway limit switches. Install in NEMA 12 cabinet
2. New MEI Submersible Pump Unit (Imperial motor, IMO pump and Maxton valve) to
include shut off valve, muffler. Install unit a minimum of 4” off the floor. Paint outside of
the tank with rust resistant paint.
3. New Innovation car (include digital PI) and hall fixtures (include all code features) – new
buttons, Digital Hall PI @ the 1st and 2nd floor . Hands free phone behind COP
4. New GAL MOVFRW II door operator, car tracks, hangers, rollers, gate switch and zone II
clutch w/restrictor. Include Tri-tronics door detector from GAL. All door equipment to
include yellow zinc dichromate coating from GAL.
5. Car top inspection station.
6. New car, hoistway and traveling cable wiring
7. New car #4 SS door panels.
8. New car and hoistway door gibs to include fire tabs
9. New shut off valve in pit
10. New GAL hoistway tracks, hangers, rollers, pick up roller assemblies, interlocks, sill closers.
All door equipment to include yellow zinc dichromate coating from GAL.
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11. Testing and permits included
12. Include OT testing for fire alarm
13. New toe guard; existing does not meet code.
14. New hydraulic head packing
15. All elevators related wiring in machine room piping shall be in electrical PVC or liquid tight.
16. Local fire recall system complete- include special smoke detectors for outside use. Controller
for recall system cannot be mounted in the elevator machine room per code.
17. Electrical permit
18. Engineering for electrical permit only
19. Add fluorescent light in machine room
20. New GFI in machine room
21. New GFI in elevator pit
22. New light fixtures in pit
23. Fusible disconnect for cab lights NEMA 3R
24. Fusible disconnect for controller power, with aux. contacts NEMA 3R
25. Phone conduit to new controller (phone service to machine room by others)
26. Labeling of all disconnects
27. Fire-stopping of electrical conduits
28. All electrical piping in machine in electrical PVC
29. Install plastic drain pan overtop of power unit with drain line from pan to floor.
30. AC power included in new elevator controller cabinet
SCOPE OF WORK INCLUDES: ELECTRICAL
Electrical permit Engineering for electrical permit Add fluorescent light in machine room as needed New GFI in machine room as needed New GFI in elevator pit as needed New light fixtures in pit as needed Fusible disconnect for cab lights NEMA 3R Fusible disconnect for controller power, with aux. contacts NEMA 3R Phone conduit to new controller (phone service to machine room by others) Labeling of all disconnects Fire-stopping of electrical conduits Hoist-way barricades and protection for our work only Re-use of all existing feeds to machine room for controller, cab lights, and machine rm.
lights Re-use of all existing feeds to the elevator pit for lights and recepts. All wire run in electrical PVC for rust prevention
FIRE ALARM Stand-alone Simplex Grinnell fire recall system Smoke and heat detectors designed for outside and machine room use Fireman flashing hat signal to elevator controller Permit
MECHANICAL
Furnish and install PVC style drain pan and drain line in machine room overhead (above
pump unit) for potential water re-direction coming from train station overhead.
1. Furnish and install one new hydraulic oil cooler on the elevator hydraulic system to provide
adequate cooling of elevator hydraulic oil year round.
2. Drain, dispose of and replace with new, elevator hydraulic oil.
3. Furnish, install, and provide electrical circuit to panel to provide adequate power to hydraulic
oil cooler.
4. Furnish, install, and provide electrical circuit to panel, 1 new GFI receptacle.
5. Eliminate existing mechanical starter.
6. Provide and install new solid state starter in controller cabinet.
7. Provide and install new ADA compliant emergency phone in elevator.
SCOPE OF WORK INCLUDES:
Electrical permit Engineering for electrical permit Sales tax New GFI in elevator pit as needed Phone conduit to new phone (phone service to cab) Labeling of all disconnects Fire-stopping of electrical conduits All wire run in electrical PVC conduit.
1. Furnish and install one new hydraulic oil tank heater on the elevator hydraulic system to
provide adequate heating of elevator hydraulic oil year round.
2. Furnish, install, and with circuit to panel, 1 GFI electrical receptacle to provide adequate
power to hydraulic oil tank heater.
SCOPE OF WORK INCLUDES: ELECTRICAL
Electrical permit Engineering for electrical permit Sales tax New GFI in elevator pit as needed Fire-stopping of electrical conduits All wire run in electrical PVC
Provide turnkey modernization of elevator compliant with all applicable Federal, State and
local codes to include, but not limited to, evaluation of elevator & systems, necessary designs,
permitting, all labor, equipment, and all trades necessary.
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Work and new equipment to be included at a minimum:
1. New Otis, or approved equal, Motion Controller w/ solid state AC drives.
2. New AC Hoist Motors (recommend that the machines themselves be retained).
3. New Hoist Ropes.
4. New Car Operating Panel (include digital PI) and hall fixtures (include all code features),
Digital Hall PI and hall stations @ all floors. Hands free phone behind COP if necessary.
5. New Door Operators.
6. New Fixtures to include, but not limited to, new machine room power disconnects, new
machine room lighting, new elevator pit lighting, additional GFI power outlets in the
machine room and pit areas. Car top inspection station if required.
7. Machine Room HVAC.
8. Fire Alarm renovations as required by all codes, compatible and interfaced with existing fire
alarm system
9. Hoistway ventilation.
10. All ancillary components required to comply with all current codes.
11. New car interior panels and finishes, optional, as determined by Owner.
12. All engineer, design, testing and permits to be included
13. Include after business hours testing for fire alarm
14. All elevators related wiring shall be in EMT or rigid conduit.
15. Fusible disconnect for cab lights.
16. Fusible disconnect for controller power, with aux. contacts.
17. EMT or rigid conduit for phone circuit to new controller (phone service to machine room by
others).
18. Labeling of all disconnects
19. Fire-stopping of electrical conduits and all penetrations
20. AC power included in new elevator controller cabinet
SCOPE OF WORK INCLUDES: ELECTRICAL
Electrical permit Engineering for electrical permit Labeling of all disconnects Hoist-way barricades and protection Re-use of all existing feeds to machine room for controller, cab lights, and machine rm.
lights Re-use of all existing feeds to the elevator pit for lights and recepts.
FIRE ALARM Complete turnkey with all design and permitting to bring elevator up to current code
MECHANICAL
Design, permit, furnish and install Machine Room HVAC and Hoistway ventilation per