Active SLED Opportunity · VIRGINIA · ISLE OF WIGHT COUNTY, VA
AI Summary
Isle of Wight County, VA seeks bids for construction of a 1,100 sq ft restroom facility at Heritage Park & Joel C. Bradshaw Fairgrounds. Bids due by 3:00 PM EDT on August 28, 2026, via the Procurement Portal. Project includes men's, women's, family restrooms, janitor's closet, and related site improvements.
Isle of Wight County is seeking Bids for Heritage Park Restroom. Bids shall be submitted through the Procurement Portal at https://procurement.opengov.com/portal/isleofwight-va no later than 3:00 pm on Friday, August 28, 2026.
Isle of Wight County is seeking competitive bids to construct a 1,100 square foot restroom facility at Heritage Park & Joel C. Bradshaw Fairgrounds. The facility consists of men’s and women’s restrooms, a family restroom, and a janitor’s closet with a service corridor. The building is constructed of CMU with wood trusses and an asphalt shingle roof. The building is unconditioned with exhaust ventilation and minimal heat to prevent freezing. Interior and exterior lighting is provided.
Contractor shall provide all permits, labor, superintendence, materials, tools, equipment, testing, traffic control, project safety, and other ancillary items necessary as identified to complete the improvements pursuant to approved site plan entitled “Heritage Park Restroom” dated January 13, 2026. County will waive local permit fees.
All bids shall be submitted in accordance with this form. The County’s published Conditions and Instructions shall supersede any additional writings by bidder submitted with the proposal. Such writings shall be clearly marked and noted as an exception. Contractor is responsible for ensuring the bid specifications are followed as required in the bid documents.
The County of Isle of Wight, Virginia shall accept sealed bids no later than 3:00 pm on Friday, August 28, 2026. Bids received by the due date shall be unsealed automatically at 3:00pm on Friday, August 28, 2026. Bids must be submitted through the Procurement portal at https://procurement.opengov.com/portal/isleofwight-va. Bid Bonds will not be required for this solicitation.
Bids shall be submitted through the Procurement Portal at https://procurement.opengov.com/portal/isleofwight-va. Isle of Wight County will not be responsible for any bids that are not able to be submitted for any reason, to the County by/on the closing date and time listed, through the Procurement Portal. Late Bids will NOT be accepted.
The contract documents shall be executed by the owner and the contractor in such numbers as required by the owner.
The contract documents are complementary and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment, and supplies necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class, or trade of the specifications shall be supplied unless distinctly so noted on the drawings. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. The designation "Architectural", "Structural", "Electrical", and the like, in the drawing titles are provided for convenience only, and are not intended to define the work to be done by any trades or subcontractors.
Bid Documents to include Invitation to Bid and pertinent attachments, specifications and addendums, Bid Responses, and Bid Tabulations, and award notices, may be obtained on the Isle of Wight Procurement Portal at https://procurement.opengov.com/portal/isleofwight-va.
It is understood and agreed that the contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.
The submission of a bid shall be prima facie evidence that the bidder thoroughly understands the drawings, terms of the specifications, and has made himself familiar with all federal and state laws, local laws, ordinances, and regulations which in any manner affect the work or its prosecution.
Bids and amendments thereto, if submitted after the date and time specified, will not be considered. It will be the responsibility of the offeror to see that their proposal is submitted before the time specified. There will be no exceptions.
Offerors are encouraged to carefully examine the IFB for discrepancies, errors, omissions or ambiguities. Questions concerning this project must be submitted through the Procurement Portal and must be received no later than 3:00 pm, Monday, August 17, 2026.
Should the County’s offices be closed, or its electronic networks connectivity prevent receipt of bids at the time of the scheduled proposal closing, the Bids will be opened on the next business day of the County, at the original scheduled hour, or as soon as connectivity is restored during normal business hours. While the opening may be delayed by any such occurrence, it is NOT to be considered an extension of the due date/time.
The contractor will be responsible for complying with the current version of the Virginia Department of Transportation road and bridge standards. The Virginia erosion and sediment control handbook, and all standards referenced in the contract documents. Where conflicts occur with the standards and the requirements set forth herein, the standards shall govern. Waiver of any requirements set forth by the standards is at the discretion of the owner.
Receipt of the bid by the County is not to be construed as an award.
Bids received by the due date shall be unsealed automatically at NO VALUE on Friday, August 28, 2026. Tabulations of all opened bids will be posted through the Procurement Portal as soon thereafter as possible.
The engineer shall furnish with reasonable promptness, additional instruction, by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the contract documents. Where sizes are not marked plainly on the drawings, the size of corresponding parts may be followed, or the engineer will determine the sizes when dimensions are entirely omitted.
The contractor shall verify all figures on the plans and will be responsible for the proper coordination of all dimensions as well as the different parts of the work.
Each bid is received with the understanding that the acceptance in writing by the County of the bidder to furnish all of the services described therein, shall constitute a contract between the bidder and the County, which shall bind the bidder to furnish and deliver the services quoted at the prices stated and in accordance with the conditions of the accepted bid; and the County on its part to order from such bidder, except for causes beyond reasonable control; and pay for, at the agreed prices, all services specified and performed.
IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO PARTICIPATE IN THIS PROCUREMENT, PLEASE CONTACT THIS DIVISION AS SOON AS POSSIBLE.
Any discrepancies found between the plans and specifications and site conditions or any inconsistencies or ambiguities in the plans or specifications shall be immediately reported to the engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the contractor's risk.
If the contractor, in the course of the work, finds any discrepancy between the drawings and the physical conditions of the locality, or any errors, or omissions in drawings or in the layout as given by points and instructions, it shall be his duty to immediately inform the engineer and the owner in writing, and the engineer and owner shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the contractor's risk and expense.
Bidder has the right to request withdrawal of their bids from consideration due to error by giving notice not later than two business days after the bids are publicly opened. Work papers showing evidence of error(s) may be required.
Bids may be withdrawn any time prior to the bid opening, through the Procurement Portal.
Bids must be submitted to the Isle of County Department of Budget & Finance through the Procurement Portal at https://procurement.opengov.com/portal/isleofwight-va. Isle of Wight County will not be responsible for any bids that are not able to be submitted, for any reason, to the County by/on the closing date and time listed. Bids received by email, telephone, telegraph, facsimile, or any other means of delivery shall not be accepted. Bids will be received on or before the date and the hour and at the place stipulated in the Invitation to Bid as may be modified by subsequent Addenda. Late bids will NOT be accepted.
The entire bid must be submitted and signed by an authorized representative as requested through the Procurement Portal. Failure to comply with this instruction may result in the bid being deemed non-responsive.
Bidders should carefully examine the specifications and fully inform themselves to all conditions and matters that could any way affect the cost thereof. Should a bidder find discrepancies in or omissions from the specifications or Invitation to Bid, or should be in doubt as to their meanings, he should submit for clarification through the Question and Answer section of the Project Portal.
The right is reserved to revise or amend these specifications prior to the date set for receipt of bids as may be required by the County. That date may be delayed if deemed necessary by the County. Any revisions and/or amendments will be in the form of an addendum to this document.
The right is reserved to accept or reject any or all bids in whole or in part and to waive any informalities in the IFB, and to enter into any contract deemed to be in the best interest of the County.
Bidder has examined the Bid Documents including the Addenda. Bidder has made such independent investigations as Bidder deems necessary to fully inform himself as to the conditions affecting cost and progress of performance of the Work.
If issued, addenda to this solicitation will be issued through the Procurement Portal. It is the bidder’s responsibility to ensure receipt of Addenda. Acknowledgement of all issued Addenda shall be indicated through the Procurement Portal.
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The solicitation document maintained by Purchasing in the bid file, shall be considered the official copy. In the case of any inconsistency between bid documents submitted to the County, but not clearly listed as an exception, the language of the official copy shall prevail. Furthermore, any exception or change to the specifications made by the bidder may because to disqualify your bid.
All drawings and specifications furnished by the engineer are property of the owner. They are not to be used on other work and, with the exception of the signed contract set, are to be returned to the owner on request, at the completion of the work. All models are the property of the owner.
The contractor shall keep one (1) copy of all drawings and the specifications at the job site, in good order, available to the owner.
Award will be made to the lowest responsive and responsible bidder based upon the bid criteria as set forth in the bid form. The quality of the goods and/or services to be supplied, their conformity with the specifications, their suitability to the requirements, the delivery, qualifications and references will be taken into consideration in making the award. The County reserves the right to refuse all bids.
Award shall be given to the lowest responsive and responsible bidder based upon the bid criteria as set forth in the bid form.
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The use of the name of a manufacturer, brand, make or catalog designation in specifying an item shall restrict bidders to the manufacturer, brand, make or catalog designation identified, unless qualified by the provision “or equal.” If qualified by the provision “or equal” the Brand Names are used simply to indicate the character, quality and/or performance equivalence of the goods and/or services desired. The goods and/or services on which bids are submitted must be of such character, quality and/or performance equivalence that it will serve as that specified. In submitting bids on goods and/or services other than as specified, bidder shall furnish complete data and identification with respect to the alternate goods and/or services that they propose to furnish. It shall be in the County’s sole judgment if a substitute product offered is an approved equal and acceptable.
It is understood and agreed that the contractor will execute the agreement within ten (10) days after written notice of award. The contractor shall provide an adequate force of labor and equipment to prosecute the work at as many different points as may be necessary to ensure the completion of same within the time limit for the completion as set forth in this agreement.
The contractor shall furnish a progress schedule for approval by the owner and the engineer. It shall be incumbent upon the contractor to provide the manpower and equipment to maintain this schedule. In the event periodic estimates indicate the schedule is not being met, the contractor may be required to furnish in writing to the engineer the method he proposes to employ to return the project to the original schedule. The owner may withhold payments if the work does not proceed in accordance with terms of this agreement. All work shall be faithfully undertaken, performed and completed within the time designated in the contract, as time is understood to be the essence of the contract.
Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, will be returned at the bidder’s risk and expense. Once a decision to award has been made, samples may be returned. Those left for more than 60 days may incur storage fees or be disposed of by the County.
The contractor shall submit at such time as may be requested by the owner, schedules which shall show the order in which the contractor will start the several parts of the work and estimated dates of completion of the several parts. When approved, such schedule shall govern the work. The owner reserves the right to establish an order of precedence for the completion of the work.
Terms of payment on work performed with an accurate invoice shall be Net 30 days. A 5% retainage is required for construction projects.
The contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the owner. The superintendent shall not be changed except with the consent of the owner, unless the superintendent proves to be unsatisfactory to the contractor and ceases to be in his employment. The superintendent shall represent the contractor in his absence and all directions given to him shall be as binding as if given to the contractor. Important directions shall be confirmed upon written request in each case. The contractor shall give efficient supervision to the work, using his best skill and attention.
Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the County may negotiate with the apparent low bidder to obtain a contract price within the available funds.
Upon award or the announcement of the decision to award a contract, the County will publicly post such notice through the Procurement Portal at https://procurement.opengov.com/portal/isleofwight-va.
Unless otherwise stipulated, the contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, sanitary facilities, and other facilities necessary for the execution and completion of the work.
Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. The contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.
The character, conditions, adaptability, and quantity of equipment used by the contractor shall be such as may be necessary for the proper execution of the work within the specified working time. The equipment used shall be maintained in good condition and shall be subject to approval of the owner prior to and during its use in connection with the work to be performed under this contract.
Transfer of materials is not permitted on this project.
The contractor shall at all times enforce strict discipline and good order among his employees. No person under the age of sixteen (16) years, no person who, at the time, is serving a sentence in a penal or correctional institution, and no person who has been convicted of commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract, shall be employed on the work covered by this contract.
Neither party shall employ or hire any employees of the other party without his consent. The contractor shall at all times enforce strict discipline and good order among his employees. If the contractor or any of his employees at any time in any way abuses physically or verbally any county employee engaged in performance of his duties with reference to supervision or inspection of the project or performance of any other duties related to the county, the contractor may be ordered by the county to remove his person and/or any of his employees engaging in such conduct from the job site for the duration of the contract. Should the contractor refuse to do so, the contract may immediately and without advance notice to sureties be terminated by the county.
Pay Items prices shall include the furnishing of labor, superintendence, material, tools, equipment, incidentals and other ancillary items called for in the Contract Documents. The prices in the tabulation on the Bid Form are to be used to determine an estimate of cost for each project. Quantities shown are intended to provide a reasonable pricing for work and can vary. If progressive payments for overages is required there will be a 5% retainage withheld until the final payment for each project is made. In emergency situations, the overtime costs increases shall be negotiated between the Contractor and the County.
The contractor shall pay royalties and license fees. He shall defend all suits or claims for the infringement of any patent rights and shall save the owner harmless from loss on account thereof, except that the owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified, but if the contractor has information that the process or article specified is infringement of a patent, he shall be responsible for such loss unless he promptly gives such information in writing to the engineer and owner.
The County reserves the right to reject any and all bids, and to waive any informality if it is determined to be in the best interest of the County. Requirements of the bid may not be waived.
Prices shall be stated in units of quantity specified. No additional charges shall be passed to the County, including any applicable taxes, delivery, or surcharges. Prices quoted shall be the final cost to the County. In case of error in the extension of prices, the unit price shall govern.
Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the contractor. Easements and right-of-way for permanent structures or permanent changes in existing facilities shall be secured and paid for by the owner, unless otherwise specified.
The contractor will have in hand, on site, an approved traffic control plan and an approved highway permit prior to commencement of construction. No construction will be performed until these requirements are met.
The contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. If the contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the engineer and owner in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the engineer and owner, he agrees to bear all costs and penalties arising therefrom.
Unless otherwise specified, the owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work. From the information provided by the owner, the contractor shall develop and make all detail surveys needed for construction.
The contractor shall provide reasonable and necessary opportunities and facilities for setting points and making measurements. He shall not proceed until he has made timely demand upon the owner for, and has received from him, such points and instructions as may be necessary as the work progresses. The work shall be done in strict conformity with such points and instructions.
The time of performance of work must be as required in the specifications.
The location of existing sewers, water and gas pipes, conduits and other structures across or along the line of the proposed work are not necessarily shown on the plans, and if shown, the location, depth and dimension of such structure are only approximately correct. The contractor shall have a working pipe locator on the job at all times.
The contractor shall dig the necessary test holes for the purpose of locating existing underground structures. Such excavation shall not be undertaken without forty-eight (48) hours prior notice to the owner.
No claims for damages or extra compensation shall accrue to the contractor from the presence of such pipe or other obstruction or from any delay due to removal or rearrangement of same.
The contractor shall be liable for all damage done to any structures or property arising through his negligence or carelessness. He shall take care of and maintain all underground, overhead or surface utilities encountered in the performance of the work. Prior to commencing work, contractor shall contact the utility information center ("Miss Utility"), telephone 1-800-552-7001 for assistance in locating existing underground utilities.
The contractor shall observe all precautions with respect to fire and avoid the indiscriminate mutilation, or cutting down of trees, within and outside of project work areas or easements. Any damage to property or easements not in the work area arising from the contractor's negligence or carelessness in performance of the work will be the contractor's responsibility.
The contractor shall not use private property in connection with the work unless prior written permission is obtained from the property owner. A copy of the written permission shall be furnished to the county engineering division. The written statement of permission shall also indicate the name, address, and phone number of the property owner. It will be the responsibility of the contractor to take photographs of the property prior to its use in case of disputes arising from the use of the property. Verification of ownership shall be the responsibility of the contractor.
Any equipment delivered must be standard, new and unused equipment, latest model, except as otherwise specifically stated in the bid. Where any part or the normal accessories of equipment is not described, it shall be understood that all the equipment and accessories that are usually provided in the manufacturer’s stock model shall be furnished.
The contractor shall provide and maintain all necessary watchmen, barricades, lights and warning signs, and take all necessary precautions for the protection and safety of the public. He shall continuously maintain adequate protection of all work from damage and shall take all reasonable precautions to protect the owner's property from injury or loss arising in connection with this contract. He shall make good any damage, injury or loss to his work and to the property of the owner resulting from lack of reasonable protective precautions, except such as may be due to errors in the contract documents or caused by agent or employees of the owner. He shall adequately protect adjacent private and public property, as provided by law and the contract documents.
In an emergency affecting the safety of life or loss or damage to the work or to the adjoining property, the contractor without special instruction or authorization from the engineer or owner, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury, and he shall so act, without appeal as if instructed or authorized. The contractor shall provide written documentation concerning the circumstances of the emergency to the owner as soon as practical. Any compensation claimed by the contractor on account of emergency work shall be determined by agreement or litigation as provided for in article 59 herein.
The contractor shall carefully preserve benchmarks, reference points and stakes, and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
The apparent silence of these specifications and any supplemental specifications as to any detail or the omission from the specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and correct type, size and design are to be used. All interpretations of these specifications shall be made on the basis of this statement.
Where required by state, federal, or local regulations, the contractor shall coordinate his construction plan with the Virginia Department of Transportation and will obtain their approvals to date of work, permits, type of temporary patching, traffic control, type and placement of traffic controls, safety devices, and flagmen. Existing county water and sewer valves may only be opened and closed by or under the direct supervision of department of public utilities personnel. The only exception is an emergency situation affecting public health or safety in which case the contractor would act in accordance with article 20.
Any contractor found violating this provision may be subject to prosecution for tampering with county property.
When the contractor requires valve operating services, he shall verbally inform the department of public utilities and give written notice of the requirement to the project engineer. The written and dated request shall be delivered to the office of the project engineer at least forty-eight (48) hours in advance of the service.
All bids must be signed by a responsible officer or employee having the authority to bind the firm in contract. The bidder agrees that its contract performance shall be in strict conformance with the contract documents.
The owner and his representatives shall at all times have access to the work wherever and whenever it is, in preparation or progress, and the contractor shall provide for such access and for inspection.
The owner will appoint such person or persons as he may deem necessary to properly inspect the materials furnished and work done under the contract, and to see that the same strictly corresponds with the drawings and specifications. Work and materials will be inspected promptly, but if, for any reason delay should occur, the contractor shall have no claim for damages or extra compensation.
The failure of the inspector to reject or condemn improper materials and workmanship shall not prevent the owner from rejecting materials and workmanship found defective at any time prior to the final acceptance of the completed work, nor shall it be considered as a waiver of any defects which may be discovered later, or as preventing the county at any time prior to the expiration of the guarantee period from recovering damages for work actually defective.
If the specifications, owner's instructions, laws, ordinances, or any public authority require any work to be specifically tested or approved, the contractor shall give the owner timely notice of its readiness for inspection and, if the inspection is by another authority than the owner, of the date fixed for such inspection. Inspections by the owner shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of the owner, it must, if required by the owner, be uncovered for examination.
Reexamination of questioned work may be ordered by the owner and if ordered, the work must be uncovered by the contractor. If such work be found in accordance with the contract documents, the owner shall pay the cost of reexamination and replacement. If such work be found not in accordance with the contract documents, the contractor shall pay such cost, unless he shall show that the defect in the work was caused by another contractor, and in that event the owner shall seek corrective action from the other contractor.
By signing this bid, the bidder assigns to the County any and all rights that it may have under the antitrust laws of the United States and the Commonwealth of Virginia in any way arising from or pertaining to this bid. This provision is remedial in nature and is to be liberally construed by any court in favor of the County.
The bidder certifies by signing this Invitation of Bid that this bid is made without prior understanding, agreement, or accord with any other person or firm submitting a bid for the same goods and/or services and that this bid is in all respects bona fide, fair, and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. Any false statement hereunder may constitute a felony and can result in a fine and imprisonment, as well as civil damages.
The engineer and/or owner shall make periodic visits to the job to familiarize himself generally with the progress and quality of the work being constructed. He will carry out reasonable inspections of the work to determine if, in general, the contractor is proceeding in accordance with the contract documents. The owner may stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. He shall also have authority to reject all work and materials which do not conform to the contract, to require the application of forces to any portion of the work as in his judgement is necessary, and to decide questions which arise in the execution of the work.
The contractor shall promptly remove from the premises all materials condemned by the owner as failing to conform to the contract, whether incorporated in the work or not, and the contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the owner and shall bear the expense of making good all work of others destroyed or damaged by such removal or replacement.
If the contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the owner may remove and then may store the materials at the expense of the contractor. If the contractor does not pay the expense of such removal and storage within ten (10) days time thereafter, the owner may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the contractor.
The Contractor shall defend, indemnify and hold the County, and the County’s employees, agents, and volunteers, harmless, from and against any and all damage claim, liability, cost, or expense (including, without limitation, attorney’s fees and court costs) of every kind and nature (including, without limitation, those arising from any injury or damage to any person, property or business) incurred by or claimed against the contractor, its employees, agents, and volunteers, or incurred by or claimed against the County, the County’s employees, agents, and volunteers, arising out of, or in connection with, the performance of all services hereunder by the contractor. This indemnification and hold harmless includes, but is not limited to, any financial or other loss including, but not limited to, any adverse regulatory, agency or administrative sanction or civil penalties, incurred by the County due to the negligent, fraudulent or criminal acts of the contractor or any of the Contractor’s officers, shareholders, employees, agents, contractors, subcontractors, or any other person or entity acting on behalf of the Contractor. Unless otherwise provided by law, the Contractor indemnification obligations hereunder shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor under worker’s compensation acts, disability benefit acts, other employee benefit acts, or benefits payable under any insurance policy. This paragraph shall survive the termination of the contract including any renewal or extension thereof.
(Isle of Wight has no legal authority to indemnify others. Firms submitting responses agree that they will not require the County to indemnify them in any resulting contract.)
The owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the contractor in writing. The work shall be resumed by the contractor within ten (10) days after the date fixed in the written notice from the owner to the contractor to do so. The owner shall reimburse the contractor for expenses incurred by the contractor in connection with the work under his contract as a result of such suspension.
But if the work or any part thereof shall be stopped by the notice in writing aforesaid, and if the owner does not give notice in writing to the contractor to resume work at a date within ninety (90) days of the date fixed in the written notice to suspend, the contractor may abandon that portion of the work so suspended and he will be entitled to payment for all work completed up to the date of notice to suspend in accordance with the contract documents.
The Contractor shall keep fully informed of all federal, state, and local laws, ordinances and regulations that in any manner affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations.
Notwithstanding any other provision or condition set forth in the contract documents as herein defined, it is understood and agreed that should the contractor encounter or the owner discover, during the progress of the work, subsurface and/or latent conditions at the site materially differing from those shown on the drawings or indicated in the specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract documents, the contractor shall immediately inform the project engineer verbally and shall then follow up in writing within ten (10) days of the first observation of any such condition. If the contractor should fail to notify the project engineer as required above, then any work performed shall be done at the contractor's risk and expense.
If it is found conditions do materially differ, the contract shall be modified via written change order to provide any increase or decrease of cost and/or difference in time resulting from such condition; the owner may terminate the contract due to changed conditions by delivery of written notice to the contractor and the contractor will be entitled only to payment for work completed in accordance with the contract documents as of the receipt of such notice.
The Contractor certifies that he does not and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ unauthorized aliens as defined in the federal Immigration Reform and Control Act of 1986, as amended and every contractor with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 to perform work or provide services pursuant to such contract shall comply with the provisions of Section 2.2-4308.2 "Employment Eligibility," as amended from time to time. This includes but is not limited to registration and participation in the E-Verify program to verify information and work authorization of its hired employees performing work pursuant to such public contract and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.
All bidders or offerors organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall include the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.
Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1, or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.
It is agreed that the engineer, with the approval of the owner, may make alterations for line, grade, plan positions, dimensions or materials of work herein contemplated or any part thereof, either before or after commencement of the construction under this agreement so long as such changes do not render the terms of the agreement inapplicable.
The owner shall within fifteen (15) days time after presentation to him in writing, render decisions, in writing, on all claims of the contractor, or other matters relating to the execution and progress of the work.
Questions which arise and pertain to the interpretation of the contract documents shall be submitted in writing to the engineer. The engineer shall within fifteen (15) days time render a decision as to the interpretation of the contract documents.
If any of the services promulgated under this solicitation consist of construction work, it is required under Title 54.1, Chapter 11, Code of Virginia, for a contractor who performs or manages construction, removal, repair, or improvement when the total value referred to in a single contract or project is:
One hundred twenty thousand dollars ($120,000) or more, or the total value of all such construction, removal, repair or improvements undertaken by such person within any twelve-month period is seven hundred fifty thousand dollars ($ 750,000) or more shall show evidence of being licensed as a Class A Contractor.
Ten thousand dollars ($10,000) or more, but less than one hundred twenty thousand dollars ($120,000) or the total value of all such construction, removal, repair, or improvement undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) or more, but less than seven hundred fifty thousand dollars ($750,000) shall show evidence of being licensed as a Class B Contractor.
Over one thousand ($1,000) but less than ten thousand ($10,000), or the total value of all such construction, removal, repair, or improvements undertaken by such person within any twelve-month period is one hundred and fifty thousand dollars ($150,000) shall show evidence of being licensed as a Class C Contractor.
The County shall require master certification as a condition of licensure or certification of electrical, plumbing and heating, ventilation and air conditions contractors.
The bidder shall complete whichever of the following notations as appropriate:
“Licensed Class ‘A’”
“Licensed Class ‘B’”
“Licensed Class ‘C’”
The contractor shall, during the progress of the work and as directed by the owner, remove from the owner's property and from all public and private property and rights-of-way, at his own expense, all temporary structures, rubbish, debris, piles of earth, foreign matter, and waste materials resulting from his operations. The site of the work shall be restored to the conditions existing before the work was started, to the satisfaction of the owner. Lawns, pavements, sidewalks, and other surfaces shall be preserved where practicable but if damaged shall be fully restored.
If the contractor fails to perform cleanup and restoration in an orderly, continuous, and expeditious manner, the owner may take corrective action three (3) days after delivery of notice to do so to the contractor; any expense resulting from corrective action taken by the owner for cleanup or restoration shall be deducted from payments due to the contractor.
Payment terms shall be ‘Net 30’days, from the date of Contractor invoice approval by the County.
Payment terms, if offered, shall not be considered in determining the low bidder.
Discount period, if offered, shall be computed from the date of proper receipt of the contractor’s correct invoice, or from the date of acceptable receipt of the goods and/or services, whichever is latest.
The payment terms stated herein must appear on the contractor’s invoice. Failure to comply with this requirement shall result in the invoice being returned to the contractor for correction.
Late payment charges shall not exceed the allowable rate specified by the Commonwealth of Virginia Prompt Payment Act. (1% per month)
Contractor shall submit invoices in duplicate, such statement to include detailed breakdown of all charges, and shall be based on completion of tasks or deliverables.
Individual Contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification number on their submittal.
The County prefers to make payment with the County’s electronic payment process through Bank of America-Paymode. If you are willing to use this method for payments to your firm, please register at the following site:
Electronic Payments: www.paymode.com/isleofwight
Vendors should notify the county of their Paymode Vendor Number by emailing Purchasing@isleofwightus.net or by identifying their Paymode Number on submitted invoices.
In event of default by the Contractor, the County reserves the right to procure the services from other sources and hold the Contractor liable for any excess cost occasioned thereby. Such actions taken by the County shall not release the contractor from additional remedies that may be allowed by law.
The owner shall schedule a final inspection of the work included in the contract within ten (10) days after receipt of written notification from the contractor that the work is completed. If the work is not acceptable to the engineer or owner, the contractor shall be advised as to the particular defects to be remedied before final acceptance can be made.
Failure of the owner to make this inspection within the time specified in no way relieves the contractor of any of his obligations under the contract.
Only written notification from the owner will constitute final acceptance of any part of the work under this contract.
A contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The County’s extended obligations on those contracts that envision extended funding through successive fiscal periods shall be contingent upon actual appropriations for the following years.
Contractor warrants and guarantees, to the owner and to the engineer, that all work will be in accordance with the contract documents and will be without defect. The guarantee period shall be not less than one year after the date of substantial completion. Should any manufacturer's warranty be greater than one year or should any permit, specification, or regulatory warranty requirement be greater than one year, the contractor shall guarantee the work for the longer period.
If during the guarantee period any work is found to be defective, contractor shall promptly, without cost to owner, and in accordance with owner's written instruction, either correct such defective work or remove it from the site and replace it with non-defective work. If contractor does not promptly comply with the term of such instruction, or in an emergency where delay would cause serious risk of loss or damage, owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by contractor.
As between the owner and the contractor:
Upon your request, administrative appeals information will be provided that shall be used for hearing protests of a decision to award, or an award, appeals from refusal to allow withdrawal of bids, appeals from disqualification, appeals for debarment or suspension, or determination of non-responsibility and appeals from decision or disputes arising during the performance of a contract. To be timely all appeals shall be made within the time periods set forth by the Virginia Public Procurement Act, §2.2-4357, et seq. Contact the buyer at once for assistance.
The County of Isle of Wight does not discriminate against faith-based organizations.
The owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the contractor shall be entitled to such extra compensation or extension of time or both as the owner may determine.
By submitting their bids, bidders certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia 2.2.4343.1E).
In every contract over $10,000 shall include the following provisions:
The contractor shall at the start of each workday provide the project inspector a copy of his daily performance record for work performed on the preceding workday.
The prescribed format of the performance records will be provided to the contractor by the owner at the pre-construction meeting before notice to proceed.
The submission of the daily record does not preclude the submission of additional documentation, reports, and information when requested by the owner; or as specifically provided for or required by the contract documents.
Refer to appendix B for detailed record drawing requirements. These records are a specific contract requirement of the contractor. Final payment will not be issued until said documents have been submitted in an acceptable form.
During the performance of this contract, the Contractor agrees to (1) provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (4) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
A contract shall not be assignable by the Contractor in whole or in part, nor shall the Contractor assign any monies due or to become due to him hereunder, without the written consent of the County.
Partial payments will be made each month for the quantity of work performed in the preceding month until final completion of the work. Requests for payments shall be submitted to the owner by the 1st of the month for payment by mid-month. Requests for payments shall be submitted using the application for payment and submitted to the county project leader for review and signature approvals; additional information may be requested depending on project.
In accordance with section 2.2-4334 of the code of Virginia (1950) as amended, on public contracts of $200,000 or more, the contractor will have the option to use an escrow account procedure for utilization of retainage funds. In the event the contractor elects to use the escrow account procedure, the "Escrow Agreement" form shall be executed and submitted to the owner within fifteen calendar days after notification of intent to award.
If the "Escrow Agreement' form is not submitted within the fifteen-day period, the contractor shall forfeit his rights to use of the escrow account procedure. The "Escrow Agreement" and all regulations pertaining thereto shall be in substantial accordance with the agreement used by commonwealth of Virginia, department of transportation. The contractor's escrow agent shall be a trust company, bank or a savings institution with its principal office located in the commonwealth.
The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the County.
The parties to any contract resultant of this solicitation acknowledge that all or part of the work to be performed hereunder may be delayed and extended at the option of the County. Such delays may be caused by delays, denials and modifications of the various state or federal permits, or for other reasons. The County shall not be required to pay any of the Contractor’s direct or indirect costs, or claims for compensation, extended overhead, or other damage or consequential damages arising out of or related to any delays or interruptions required or ordered by the County. If the County delays the project for any reason for a continuous period of ninety (90) days or more, the County and Contractor will negotiate a mutually agreeable adjustment to the Contractor’s award amount. Notwithstanding the above, in construction contracts, to the extent that an unreasonable delay is caused by the act or omissions of the County due to causes within the County’s control, the above waiver or release shall not apply.
Except when stipulated otherwise, all quantities of work performed and to be paid for under this contract shall be construed as those measured in place by the owner.
The prices to be paid for the work performed under this contract shall be the prices stipulated in the contractor's bid.
This Agreement is made, entered into, and shall be performed in the County of Isle of Wight, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflict of law rules. In the event of litigation concerning this Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of the County of Isle of Wight, Virginia; however, in the event that the federal court has jurisdiction over the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, Norfolk Division.
Acceptance of final payment shall be deemed a waiver of Contractor's right to file a claim for dispute or breach relating to this AgreementThe Contractor shall not cause a delay in services because of the pending or during litigation proceedings, except with the express, written consent of the County or written instruction/order from the Court.
If any provision of this contract or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this contract, or the application of such provision to persons or circumstances other than those which it is invalid or unenforceable, shall not be affected hereby, and each provision of this contract shall be valid and enforced to the full extent permitted by law.
The owner reserves the right to increase or decrease the estimated value of the contract in an amount not to exceed twenty-five percent (25%). Such increase or decrease may be brought about either by varying quantities within the original units of the contract or by an extension or reduction in the original limits of the project.
No claim for extra compensation will be allowed for such increase or decrease in the value of the contract not exceeding twenty-five percent (25%).
Changes in the estimated value of any major or minor item of more than twenty-five percent (25%) not consistent with the above, or changes in either total cost or the amount of any item major or minor which are the results of more accurate measurements and are not due to any change in plan or in character of the work shall not be considered a basis of demand for revision in contract price by either party to the contract.
For any increased or decreased quantities, settlement shall be made for the actual amount of work performed at the unit prices shown in the proposal for the work under consideration.
The County may at any time, and for any reason, terminate this Contract by written notice to Contractor specifying the termination date, which shall be not less than thirty (30) days from the date such notice is mailed.
Notice shall be given to Contractor by certified mail/return receipt requested at the address set forth in Contractor’s Bid Proposal or as provided in this Contract. In the event of such termination, Contractor shall be paid such amount as shall compensate Contractor for the work satisfactorily completed, and accepted by the County, at the time of termination. If the County terminates this Contract, Contractor shall withdraw its personnel and equipment, cease performance of any further work under this Contract, and turn over to the County any work completed or in process for which payment has been made.
The owner may at any time by a written order, and without notice to sureties, make changes in drawings or specifications, within the general scope thereof. Any extra work done prior to the execution of the county's standard change order form is done at the contractor's total risk and with no obligation on the part of the county to pay for the work.
The contractor shall perform unforeseen work or work which may exceed the twenty-five percent (25%) stated in article 40 or work for which there is no price included in the contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. Such work shall be performed in accordance with the specifications and as directed by the owner and will be paid for as stipulated hereinafter.
Extra work shall be paid for at the unit prices or lump sum as agreed to by the contractor and the owner, or in lieu of such agreement, the owner may require the contractor to do such work on a force account basis to be compensated for in the following manner.
The rates for licensed trucks and special equipment not listed in the AED schedule used on the force account work shall not exceed the hourly rate being paid for such trucks and equipment by the contractor at the time of the force account authorization. In the absence of such rates, the prevailing rates being paid in the area where the work is contemplated shall be used.
E. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is provided herein.
F. Compensation. The compensation as set forth in this section shall be accepted by the contractor as payment in full including profit for extra work done on a force account basis. At the end of each day the contractor's representative and the inspector shall compare records of the cost of work done as ordered on a force account basis.
G. Statements. No payment will be made for work performed on a force account basis until the contractor has furnished the engineer or owner with duplicate itemized statements of the cost of such force account work detailed as follows:
1. Name, classification, date, daily hours, total hours, rate and extension for each laborer, and foreman
2. Designation, dates, daily hours, total hours, rental rate, and extension for each unit of equipment
3. Quantities of materials, prices and extensions
4. Transportation of material
5. Cost of property damage, liability and workers' compensation insurance premiums, unemployment insurance contributions, and social security tax
Statements shall be accompanied and supported by receipted invoices for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the contractor's stock then, in lieu of the invoices, the contractor shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used and that the price and transportation and handling claimed represent the actual cost to the contractor.
If the contractor desires to perform work outside the regular hours or on Saturday, he shall request permission to work forty-eight (48) hours in advance to allow arrangements to be made for proper inspection. The owner may refuse the contractor permission to work if the 48-hour notice is not given or for other just cause. Reasonable efforts shall be made by the contractor to avoid undue noise during the night and on Sundays, if it is necessary to work at such times. Under normal circumstances the contractor will not be permitted to work on Sundays or county holidays.
Unless specifically scheduled to work outside normal hours by the owner in the interest of public safety or convenience, the contractor will be liable for the expense of overtime work required by county employees. This expense includes but is not limited to county employees' performing inspections outside normal working hours as well as employees being called to the job site outside normal working hours to resolve problems directly related to this contract. Normal working hours are defined as 8:30 a.m. to 5:00 p.m. Monday through Friday, excluding county holidays.
The owner reserves the right to schedule the contractor to work outside normal working hours in the interest of public safety or convenience. No claim for additional compensation shall be made by the contractor when such occasions occur.
If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for materials or labor or persistently disregard laws, ordinances, or the instructions of the owner, or otherwise be guilty of a violation of any provision of the contract, the County may give Contractor written notice of such default by certified mail/return receipt requested, by electronic delivery, or by hand.
Unless otherwise provided, Contractor shall have ten (10) days from the date such notice is delivered, whether electronic, by mail, or in person, in which to cure the default. Upon failure of Contractor to cure the default, the County may immediately cancel and terminate this Contract as of the delivery date, whether electronic, US Mail, or by hand, of the default notice.
Upon termination, Contractor shall withdraw its personnel and equipment, cease performance of any further work under the Contract, and turn over to the County any work in process for which payment has been made. In the event of violations of law, safety or health standards and regulations, this Contract may be immediately cancelled and terminated by the County and provisions herein with respect to opportunity to cure default shall not be applicable.
If the owner deems it inexpedient to correct work damaged or not done in accordance with the contract, an equitable deduction from the contract price shall be made therefor.
Direct contact with County departments other than Purchasing, on the subject of this bid, is expressly forbidden except with the foreknowledge and permission of the Contract Officer. Violation may result in a determination that your firm is ineligible for an award.
All questions shall be in writing to the Contract Officer shown on the title page of the bid. The respondents to this IFB shall not contact, either directly or indirectly, any other employee or agent of the County regarding this IFB. This prohibition shall also extend to the County Board of Supervisors and locally elected officials. Any such unauthorized contact may disqualify the bidder from this procurement.
The Conditions and Instructions in this solicitation are intended to apply to the resulting contract and shall supersede any conflicting terms offered. Any additional conditions a bidder intends be considered must be submitted with the bid and noted as an exception. Such exceptions may result in a finding that the submittal is ‘non-responsive’ to the bid, negating possibility of an award to that bidder. Contractual documents submitted by the successful firm after an award will not be accepted.
If the contractor should fail to complete the work or any part thereof within the time stipulated in these specifications and in the contract agreement, or an applicable extension thereof, it will be difficult or impossible to ascertain the actual damages for the delay, and in lieu thereof, the contractor shall pay to the owner as fixed and agreed, liquidated damages for each calendar day of delay until the delayed work is corrected or accepted, an amount equal to the contract price divided by the total number of days until final completion per day of delay.
The contractor and owner agree that this sum is proportionate to the probable loss and is not a penalty. The contractor expressly waives any defense as to the validity of any liquidated damages stated in these contract documents as they may appear on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.
If, after the expiration of the time stipulated in these contract documents and in the contract agreement, or applicable extension thereof, the owner terminates the right of the contractor to proceed and does not elect to complete the work, liquidated damages shall be paid as above provided for each calendar day after the time so stipulated, until the effective date of the termination of the contractor's right to proceed.
If the owner terminates the contractor's right to proceed and elects to complete the work as provided elsewhere in the specifications, liquidated damages shall be paid as provided for each calendar day after the time so stipulated, or applicable extension thereof, until the delayed work is completed, provided the owner exercises due diligence in completing the work.
The contractor and his sureties shall be liable for all such liquidated damages occurring heretofore described. It is agreed, however, the contractor shall not be charged with liquidated damages or actual damages for delays due to causes beyond his control and without his fault or negligence, including but not restricted to: acts of the owner or of his employees, or of any other contractor employed by the owner; changes ordered in the work; strikes; lockouts; fire; unusual delay in transportation; unavoidable casualties; delay authorized by owner pending litigation as provided herein.
No such extension shall be made for delay occurring more than seven (7) days before claim is made in writing to the owner. In the case of a continuing cause of delay only one claim is necessary.
If no schedule or agreement stating the dates upon which drawings shall be furnished is made, then no claim for delay shall be allowed on account of failure to furnish drawings until ten (10) days after receipt by the engineer of a written demand for such drawings.
Failure of the Contractor to perform the contract by reason of the County’s non-acceptance of additional conditions submitted after the award shall result in termination of the contract by the County and may result in debarment of the Contractor for a period of up to three (3) years. Termination and /or debarment of the Contractor shall not constitute a waiver by the County of any other rights or remedies available to the County by law or contract.
Any claim for damage arising under this contract shall be made in writing to the party liable within fifteen (15) days time of the first observance of such damage and not later than the time of final payment except as expressly stipulated otherwise in guarantee of work as in the case of the defective work or materials and shall be adjusted by agreement or litigation as provided herein.
Neither the final payment nor any part of the retained percentage shall become due until the contractor, if required, shall deliver to the owner a complete release of all liens arising out of this contract, or receipts in full in lieu thereof, and if required in either case an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the contractor may if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the owner to indemnify the owner against any lien.
If any lien remains unsatisfied after all payments are made, the contractor shall refund to the owner all monies that the latter may be compelled to pay in discharging such a lien, including all cost and a reasonable attorney's fee.
In the event of a conflict between the contract documents, including these Conditions and Instructions, and the terms of a purchase order, or related document issued by Purchasing, the contract documents shall control.
The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies, procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the County and its employees, agents or authorized representatives after giving at least three (3) days’ notice to the Contractor by the County. The County shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the County to the Contractor pursuant to this contract or any renewal or extension of this contract. The County’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records and shall be provided adequate and appropriate workspace, in order to conduct audits.
The owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of:
When the above grounds are removed, payment shall be made for amounts withheld because of them.
If the contractor should fail to prosecute the work or faithfully perform any provisions of this contract, it shall be construed as grounds for the owner's right to perform work. The owner, having duly served written notice to the contractor of his intent to perform work, may remedy such deficiencies after three (3) days from delivery of said notice to the contractor. The costs incurred by the owner in correcting the deficiency shall be paid for by the contractor.
In no event shall the making by the County of any payment to the Contractor, or the waiver by the County of any provision under this contract including any obligation of the Contractor, constitute or be construed as a waiver by the County of any other provision, obligation, breach of covenant, or any default which may exist under this contract on the part of the Contractor, and the making of any such payment by the County while any such breach or default exists shall not impair or prejudice any right or remedies available to the County.
If the contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for materials or labor or persistently disregard laws, ordinances, or the instructions of the owner, or otherwise be guilty of a violation of any provision of the contract, then the owner, upon the certificate of the engineer that cause exists to justify such actions, may, without prejudice to any other right of remedy and after giving the contractor seven (7) days written notice, terminate the employment of the contractor and take possession of the premises and all of the materials, tools, and equipment thereon and finish the work by whatever method he may deem expedient. In such case the contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work including compensation for additional managerial and administrative services, such excess shall be paid to the contractor. If such expense shall exceed such unpaid balance the contractor shall pay the difference to the owner. The expense incurred by the owner as herein provided, and the damage incurred through the contractor's default, shall be certified by the engineer.
Contractor shall not accept or receive commissions or other payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the County.
The Contractor shall, without additional costs or fee to the County, correct or revise any errors or deficiencies in his performance. Neither the County’s review, approval or acceptance of, nor payment for any of the services required under this Agreement shall be deemed a waiver of rights by the County, and the Contractor shall remain liable to the County for all costs which are incurred by the County as a result of the Contractor’s negligent performance of any of the services furnished under this Agreement.
If the work should be stopped under an order of any court, or other public authority, for a period of ninety (90) days, through no act or fault of the contractor or of anyone employed by him, or if the engineer should fail to issue any estimate for payment within thirty (30) days after it is due, or if the owner should fail to pay the contractor within thirty (30) days of its maturity and presentation, any sum certified by the engineer or awarded by arbitrators; then the contractor may, upon seven (7) days written notice to the owner and the engineer, stop work or terminate this contract and recover from the owner payment of all work executed and any loss sustained upon any plant or material and reasonable profit and damages.
It shall be the responsibility of the Contractor to notify the County, in writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation for changes or additions in the Scope of this Agreement will be negotiated and approved by the County, in writing.
In the case of annulment of this contract before completion from any cause whatever or in the case of acceptance of the work after completion, the contractor when notified by the owner in writing, shall within five (5) days after receipt of notification remove all or any portion as directed of his equipment and materials from the property of the owner. Should the contractor be unable or unwilling to comply with the owner's request, then the owner reserves the right to remove and/or store such equipment and materials at the contractor's expense.
Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the contractor assign any monies due or to become due to him hereunder, without the previous written consent of the owner. Such consent shall not be unreasonably withheld.
By submitting a bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.
All Contractors and subcontractors performing services for the County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
All firms doing business in the County of Isle of Wight are required to be licensed in accordance with the County of Isle of Wight business license ordinance. Wholesale and retail merchants without a business location in the County of Isle of Wight are exempt from this requirement. Any questions concerning business licenses should be directed to the Commissioner of the Revenue’s Office.
Wherever work being done by the owner's forces or other contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the owner, to secure the completion of the various portions of the work in general harmony.
In cases where the County may accept the Contractor’s form agreement, whereas certain standard clauses that may appear in the Contractor’s form agreement cannot be accepted by the County, and in consideration of the convenience of using that form, and this form, without the necessity of negotiating a separate contract document, the parties hereto specifically agree that, notwithstanding any provisions appearing in the attached Contractor’s form contract, the County’s contract addendum shall prevail over the terms of the Contractor’s agreement in the event of a conflict.
The owner reserves the right to let other contracts in connection with this work. The contractor shall afford other contractors’ reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs.
If any part of the contractor's work depends on proper execution or results upon the work of any other contractor, the contractor shall inspect and promptly report to the owner any defects in such work that render it unsuitable for such proper execution and results. His failure to inspect and report shall constitute an acceptance of the other contractor's work, as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work.
To ensure the proper execution of his subsequent work, the contractor shall measure work already in place and shall at once report in writing to the owner any discrepancy between the executed work and the drawings.
All subcontractors shall be on the VDOT-pre-approved qualifications list.
The contractor shall, within ten (10) days after the signature of the contract, notify the owner in writing of the names of subcontractors proposed for the work and shall not employ any that the owner may within ten (10) days after receipt of notification object to as incompetent or unfit or any that appear on the GSA consolidated list of debarred, suspended, and ineligible contractors.
The contractor agrees that he is as fully responsible to the owner for the acts and omissions of his subcontractors and persons either directly or indirectly employed by them as he is for the acts or omissions of persons directly employed by him.
With the exception of subcontracts for less than $10,000 each, and subcontracts with a manufacturer or a fabricator, any agreement between the contractor and any subcontractor shall require of the subcontractor a payment bond with surety thereon in the amount of one hundred percent (100%) of the work sublet to the subcontractor, which shall be conditioned upon the payment to all persons who have and fulfill, contracts which are directly with the subcontractor for performing labor and/or furnishing materials in the prosecution of the work provided for in the subcontract, and to pay those persons who furnish labor and/or materials as aforesaid. In the event the contractor fails to require said bond, any person who has and fulfills a contract directly with such subcontractor in performing labor and/or furnishing materials in the prosecution of the work provided for in the subcontract shall have a direct right of action against the obligors and sureties on the payment bond required of the contractor.
Payments to subcontractors shall be made in accordance with the terms of Virginia code section 2.2-4354, which are incorporated herein by reference and to include:
Within seven days after receipt of amounts paid by the County for work performed by a sub-contractor under this contract, the contractor shall either:
The contractor shall pay interest to the sub-contractor on all amounts owed that remain unpaid beyond the seven-day period except for amounts withheld as allowed in item B. above.
Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one percent per month.
The contractor shall include in each of its subcontracts a provision requiring each sub-contractor to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower tier sub-contractor.
The contractor's obligation to pay an interest charge to a sub-contractor pursuant to this provision may not be construed to be an obligation of the County. Contract modification shall not be made for the purpose of providing reimbursement for the interest charge. A cost reimbursement claim shall not include any amount for the reimbursement for the interest charge.
Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the owner.
The quantities specified in the Invitation for Bid are estimates only unless otherwise clearly noted and are given for the information of bidders and for the purpose of bid evaluation. They do not indicate the actual quantity that will be required, since such volume will depend upon requirements that may develop during the contract period. Quantities shown shall not be construed to represent any amount which the County shall be obligated to purchase under the contract or relieve the Contractor of his obligation to fill all orders placed by the County, except as clearly noted. To make determination of low bid these quantities shall be used.
In accordance with Section 2.2-4311 of the Code of Virginia, every contract for goods or services over $10,000 shall include the following provisions during the performance of this contract.
A. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
B. The contractor, in all solicitation or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.
Further, all individuals or firms contracting with Isle of Wight County are encouraged to use minority business enterprises as subcontractors and suppliers to the fullest extent possible in providing services or products to Isle of Wight County.
Only bids from established contractors for work similar in scope to work herein shall be considered; the County reserves the right to request specific reference information prior to award. Bidder shall demonstrate that he has adequate and appropriate manpower, tools and equipment to respond and perform in accordance with the provisions herein.
The County may, at its option, disqualify a bidder and reject his bid for cause. Reasons deemed to be sufficient for this action shall include, but not be limited to, the following:
During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract.
It is the County’s intent that the Invitation for Bid (IFB) permits competition. It shall be the bidder’s responsibility to advise the Buyer in writing if any language requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this IFB to a single source. Such notification must be received by the Contract Officer prior to the date set for bids to close.
The purchasing agent may provide for incentive contracting that offers a Contractor whose bid is accepted, the opportunity to share in any cost savings realized by the locality when the projects costs are reduced by such Contractor, without affecting project quality, during the construction of the project. The fee, if any, charged by the project engineer or architect for determining such cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings. Such provisions, including the percentage of cost sharing, shall be included in the language of the contract or may be added by change order with the agreement of both parties.
The County reserves the right to withhold payment to any contractor that is in arrears, or in default to the County on any debt or Contract, or that has defaulted as a surety, or otherwise on any obligation to the County.
Bid Bond
At the discretion of the purchasing agent, bidders may be required to submit with their bid a bid bond, or a certified check, which shall be forfeited to the county as liquidated damages upon the bidder's failure to execute within ten (10) days a contract awarded to him or upon the bidder's failure to furnish any required performance or payment bonds in connection with a contract awarded to him as specified in the request for bids.
Bid Bonds are REQUIRED for all non-transportation related construction projects in excess of $500,000 and all transportation related construction contracts in excess of $350,000 and partially or wholly funded by the Commonwealth.
The amount of the bid bond shall not exceed five (5%) percent of the amount bid.
No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond.
Performance and Payment Bonds
Upon the award of any (i) nontransportation-related public construction contract exceeding $500,000 awarded to any prime contractor or (ii) transportation-related project authorized pursuant to Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 exceeding $350,000 that is and partially or wholly funded by the Commonwealth, the contractor shall furnish to the public body the following bonds:
1. A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications, and conditions of the contract.
2. A payment bond in the sum of the contract amount. The bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in furtherance of the work provided for in the contract, and shall be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the furtherance of the work.
Each of such bonds shall be executed by one (1) or more surety companies selected by the contractor which are legally authorized to do surety business in Virginia. Such bonds shall be payable to the County of Isle of Wight. Each of the bonds shall be filed with the County of Isle of Wight, or a designated officer or official thereof.
In lieu of a bid, payment, or performance bond, a bidder may furnish a certified check, cashier's check, or cash escrow in the face amount required for the bond.
Nothing in this section shall preclude a public body from requiring payment or performance bonds for construction contracts below $500,000 for nontransportation-related projects or $350,000 for transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 and partially or wholly funded by the Commonwealth.
Nothing in this section shall preclude such contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor, conditioned upon the payment to all persons who have and fulfill contracts which are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.
A public body may require bid, payment, or performance bonds for contracts for goods or services if provided in the Invitation to Bid or Request for Proposal.
I. Contractor's and Subcontractor's Insurance
A. The contractor shall not commence work under this contract until all insurance required hereunder has been obtained from an insurer authorized to do business in Virginia and such insurance has been approved by the owner. The contractor shall provide to the owner certificates of insurance for all required coverage and, upon request, shall provide full copies of the contractor’s insurance policies. Approval of insurance by the county shall not relieve or decrease the liability of the contractor hereunder.
B. The contractor shall procure and maintain, at its cost, as required herein, the following insurance coverages:
C. Unless otherwise specified, contractor shall ensure that all insurance required by subsection (B) above contains the following provisions:
No insurance will be canceled, dropped, replaced, or materially changed without at least thirty (30) days’ prior written notice to and consent of the owner.
D. Contractor shall require each subcontractor to carry the same insurance, and in the same amounts, required by section (B)(1)-(3) above. The contractor shall not allow any subcontractor to commence work on the project until all insurance required of the subcontractor by this contract has been obtained by the subcontractor and approved by the contractor.
E. Prior to award of the contract, the contractor shall submit, on the form provided by the owner, a certificate of coverage verifying workers’ compensation insurance is in place. The contractor shall likewise obtain a certificate of coverage for workers’ compensation insurance from each subcontractor and shall provide a copy to the owner prior to the subcontractor beginning work at the project.
II. “All Risk” Builder’s Risk Insurance
A. The contractor shall procure and maintain, at its cost, all-risk builder’s risk insurance with minimum coverage and limits as follows:
B. Builder’s risk insurance shall be provided on an “all risk” or equivalent policy form and shall include, without limitation, insurance against all perils. The insurance shall cover the costs of debris removal, temporary buildings, legal requirements, and compensation for A/E services and contractor services required following an insured loss. The insurance shall cover portions of the work stored off-site, work in transit, and all materials, supplies, equipment, machinery, and fixtures that are or will be part of the project.
C. Such insurance may include a deductible provision if the owner so provides in the supplemental general conditions, in which case the contractor will be liable for such deductible whenever a claim arises. Any loss payable under the builder’s risk insurance shall be payable to the owner, in accordance with its interests, as they may appear, and then to any other persons insured thereunder.
Written evidence of this insurance and a copy of the policy shall be provided to the owner no later than thirty (30) days following the award of the contract. The policy shall not be canceled, dropped, replaced, or materially changed without at least thirty (30) days’ prior written notice to and consent of the owner.
D. Builder’s risk insurance shall include the interest of the contractor, the owner, and all subcontractors and sub-subcontractors. Contractor shall maintain the builder’s risk insurance until final payment by the owner or until no person other than the owner has an insurable interest in the work, whichever is later.
The successful bidder will be required to furnish a performance bond and labor and materials bond payable to the treasurer of Isle of Wight County, each in the amount of one hundred percent (100%) of the total amount of the contract, as a guarantee for the faithful performance thereof. Such bonds must be furnished to the county within twenty (20) days after requested by the county. The successful bidder upon failure or refusal to furnish the required bonds or deposit within the time specified shall pay to Isle of Wight County as liquidated damages for such failure or refusal an amount equal to the bid security deposited with bid.
All bonds must be furnished by such surety company or companies as are authorized and licensed to transact business in the commonwealth of Virginia.
Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) calendar days after final payment; however, written notice of the contractor’s intention to file such claim shall have been given within three (3) calendar days of the occurrence or beginning of the work upon which the claim is based. Any notice or claim shall be delivered to Jamie Oliver, Transportation Director, County of Isle of Wight, P.O. Box 80, Isle of Wight, Virginia 23397 and shall include a description of the factual basis for the claim and a statement of the accounts claimed or other relief requested. The Transportation Director shall render a decision on the claim and shall notify the contractor within thirty (30) calendar days of receipt of the claim. The contractor may appeal the decision of the Transportation Director to the County Administrator by providing written notice to the Transportation Director and the County Administrator within fifteen (15) days of the date of the decision. The County Administrator shall render a decision on the claim within sixty (60) calendar days of the date of receipt of the appeal notice and such decision shall be final unless the contractor appeals the decision in accordance with the Virginia Public Procurement Act (VPPA).
Invoices for all services or goods provided by the contractor shall be delivered to the County no later than thirty (30) days following the conclusion of the work or delivery of the goods.
In any claim or dispute between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, the parties consent to the jurisdiction and sole venue of the Circuit Court of Isle of Wight County, Virginia.
Acceptance of final payment shall be deemed a waiver of contractor’s right to file a claim for dispute or breach relating to this agreement.
The contractor shall not cause a delay of work because of the pending litigation proceedings, except with the express, written consent of the owner or written instruction from the court.
Notwithstanding anything contained herein to the contrary, this contract shall be terminated if all of the following event shall have occurred:
Upon such termination, contractor's only remedy shall be to terminate the contract at the end of the fiscal period during which notice is given; and payment in compliance with the contract for materials, goods, and services rendered thereunder during the fiscal year at the end of which termination occurs, without penalty, termination, profit or overhead expenses of any kind, shall constitute full performance on the part of the owner.
In the event that any provision or portion thereof of any contract document shall be found to be legally invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with applicable law. The invalidity or unenforceability of any provision or portion of any contract document shall not affect the validity or enforceability of any other provision or portion of the contract documents.
The agreement and bond given to secure it are to be executed and performed in the Commonwealth of Virginia and shall be construed in accordance with the laws of the Commonwealth of Virginia.
END OF SECTION
If notice of acceptance of this bid is given to the Contractor within NO VALUE after the date of opening of bids, or any time thereafter before this bid is withdrawn, the Contractor will execute and deliver a contract in the prescribed form within ten (10) days after the Notice of Award has been presented to the Contractor for signature.
Immigration Reform and Control Act of 1986: The Contractor certifies that it does not and shall not during the performance of the Contract for this project violate the provision of the Federal Immigration Reform and Control Act of 1986, which prohibits employment of illegal aliens or knowingly employ an unauthorized alien as defined by the Act.
DISQUALIFICATION OF CONTRACTORS: By signing this bid or proposal, the submitter certifies that this Bidder or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency or public body of the Commonwealth of Virginia, or any public body or agency of another state or any agency of the federal government, nor is this Bidder a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same. We have attached an explanation of any previous disbarment(s) and copies of notice(s) of reinstatement.
I certify by my signature that I have received the documents associated with this Bid and understand that the review for completeness of these documents and the understanding and comprehension of the specifications is solely my responsibility; based on this, by my signature, I waive all rights to future claims against Isle of Wight County that the documents were incomplete or not understandable.
My signature certifies I certify that this Bid is not the result of or affected by, any act of collusion with another person or company engaged in the same line of business or commerce, or any act of fraud punishable under Section 18.2-498.1 et. seq. of the Code of Virginia (1950, as amended). Furthermore, I understand that fraudulent bidding is a crime under the Virginia Governmental Frauds Act, the Virginia Government Bid Rigging Act, the Virginia Anti-Trust Act, and federal law and can result in fines, prison sentences, and civil damage awards.
I certify that the firm name given below is the true and complete name of the bidder and that the bidder is legally qualified and licensed by the Virginia Department of Professional and Occupational Regulations, Board for contractors, to perform all Work included in the scope of the Contract. I certify that the bidder represented herein is eligible to bid with respect to all applicable sections of State and Local Government Conflict of Interest Act, Section 2.2-3100 et. seq. of the Code of Virginia (1950, as amended).
Virginia License No:
Contractor Class:
Virginia Contractor No:
FIEN/SSN:
If General Partnership (List Partner Names):
Business Address:
Telephone Number:
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§ 2.2-4336. Bid bonds; construction contracts
A. Except in cases of emergency, all bids or proposals for nontransportation-related construction contracts in excess of $500,000 or transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 that are in excess of $350,000 and partially or wholly funded by the Commonwealth shall be accompanied by a bid bond from a surety company selected by the bidder that is authorized to do business in Virginia, as a guarantee that if the contract is awarded to the bidder, he will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed five percent of the amount bid.
B. No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond.
C. Nothing in this section shall preclude a public body from requiring bid bonds to accompany bids or proposals for construction contracts anticipated to be less than $500,000 for nontransportation-related projects or $350,000 for transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 and partially or wholly funded by the Commonwealth.
Example: 2:15pm
Please select the applicable award type.
Example: 40
Example: 10
§ 2.2-4337. Performance and payment bonds; construction contracts
A. Upon the award of any (i) nontransportation-related public construction contract exceeding $500,000 awarded to any prime contractor or (ii) transportation-related project authorized pursuant to Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 exceeding $350,000 that is partially or wholly funded by the Commonwealth, the contractor shall furnish to the public body the following bonds:
1. A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications, and conditions of the contract.
2. A payment bond in the sum of the contract amount. The bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in furtherance of the work provided for in the contract, and shall be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the furtherance of the work.
B. Each of the bonds shall be executed by one or more surety companies selected by the contractor that are authorized to do business in Virginia.
C. If the public body is the Commonwealth, or any agency or institution thereof, the bonds shall be payable to the Commonwealth of Virginia, naming also the agency or institution thereof. Bonds required for the contracts of other public bodies shall be payable to such public body.
D. Each of the bonds shall be filed with the public body that awarded the contract, or a designated office or official thereof.
E. Nothing in this section shall preclude a public body from requiring payment or performance bonds for construction contracts below $500,000 for nontransportation-related projects or $350,000 for transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 and partially or wholly funded by the Commonwealth.
F. Nothing in this section shall preclude the contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor conditioned upon the payment to all persons who have and fulfill contracts that are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.
§ 2.2-4338. Alternative forms of security
A. In lieu of a bid, payment, or performance bond, a bidder may furnish a certified check, cashier's check, or cash escrow in the face amount required for the bond.
B. If approved by the Attorney General in the case of state agencies, or the attorney for the political subdivision in the case of political subdivisions, a bidder may furnish a personal bond, property bond, or bank or savings institution's letter of credit on certain designated funds in the face amount required for the bid, payment, or performance bond. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the public body equivalent to a corporate surety's bond.
C. The provisions of this section shall not apply to the Department of Transportation.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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