SS-1 Quantities shown on the bid sheet shall not be construed to represent
the actual amount of work to be completed under this contract, but rather they
are to be used only for the purpose of evaluation of bids.
SS-2 Engineer shall be defined as Frank Cox, The Cox Company.
SS-3 Owner shall be defined as Board of Supervisors, County of Stafford,
Virginia.
SS-4 Any excess materials shall be disposed of by the Contractor at a
location secured by himself. If the Contractor wishes, he may dispose of excess
material at the County landfill at no cost.
SS-5 Nothing herein is intended to exclude any responsible vendor, his
product or service or in any way restrain or restrict competition. On the
contrary, all responsible vendors are encouraged to bid and their bid is
solicited. Comments as to how specifications could be improved are welcome.
SS-6 Attention is called to the Code of Virginia, Section 11-20.2, concerning
the withdrawal of bids for County contracts under certain circumstances.
SS-7 Stafford County follows procedure number one (1) contained in that
section for the withdrawal of bids, "The bidder must give notice in writing of
his claim or right to withdraw his bid within two (2) business days after the
conclusion of the bid opening procedure."
SS-8 It shall be the Contractor's responsibility to locate and properly
protect from damage during construction any and all existing pipe lines,
structures and utilities. The Contractor shall keep a properly operating
underground pipe locator on the job at all times. The Contractor shall contact
"Miss Utility" two (2) full working days, excluding weekends and Holidays,
before beginning excavation in a particular area.
SS-9 Changes in the work and changes in the contract price shall be as
follows:
1. The Owner may, by written change order to the Contractor, make
alterations in the plans involving increases or decreases in the quantity of
work as may be necessary or desirable. Such alterations shall not be considered
as a waiver of any of the conditions of the contract, nor invalidate any of the
provisions thereof.
2. Extra work made necessary by alteration of the plans or found necessary by
the Engineer during construction and limited to work other than that required to
complete the improvement as detailed on the plans or specifications where
applicable, shall be done in accordance with the best practice as approved by
the Engineer provided, however, that before any extra work is started, a written
change order, from the Engineer and approved by the Owner, shall be delivered to
the Contractor.
SS-10 PARTIAL PAYMENTS
A. Partial
payments may be made monthly on the basis of ninety-five percent (95%) of the
value of the work satisfactorily completed subject to the following:
1. the work is progressing satisfactorily;
2. the orders of the Owner have been fulfilled;
3. the time of completion has not expired; and
4. pending the Board of Supervisors approval for payment.
B. Before making any partial payment, the Owner may require the
Contractor to present a verified written statement showing the amounts owed for
labor performed and materials furnished along with the names and addresses of
the persons to whom such sums are due. In case the Contractor shall have sublet
a part of this work, the statement shall also show the sum owed to the
subcontractor and be accompanied by a verified statement of the Subcontractor
showing names and addresses of persons performing labor or furnishing material
under that subcontract along with the respective amounts due such persons.
The Owner may pay the amounts due directly to the creditors of the Contractor
or Subcontractor so listed, deducting amounts from that due the Contractor or
Subcontractor.
C. Partial payments made by the Owner to the Contractor are monies advanced
for the purpose of assisting the Contractor to expedite the work under this
Contract. The Contractor shall be responsible for the care and protection of all
materials and work upon which payments have been made until the acceptance of
such work and materials by the Owner.
D. Any such partial payment shall not constitute a waiver of the right of the
Owner to require the fulfillment of all terms of the Contract, and the delivery
of all improvements embraced therein, complete and satisfactory in all
details.
SS-11 WITHHOLDING PAYMENTS
A. The Owner may withhold from any payment otherwise due the
Contractor so much as may be necessary to protect the Owner. The County may also
elect to withhold any amounts the Contractor owes to any Subcontractor or
material dealers for work performed or materials furnished to them.
B. Any amount due to the Owner for liquidated damages, or other purposes as
provided under the terms of this Contract, shall be deducted from the final
payment due to the Contractor.
C. The failure or refusal of the Owner to withhold any monies from the
Contractor shall in no way impair the obligation of any surety or sureties under
any bond or bonds furnished under this Contract.
SS-12 The
Contractor is to be advised that the County of Stafford will make every effort
to process all payments and to issue the approved check within thirty (30) days
after receipt of the approved monthly partial payment request.
SS-13 The Contractor shall make all repairs due to defective workmanship or
materials for the term of one (1) year after the final acceptance date and shall
correct and repair promptly during the time all defective work and material of
whatever description. However, ordinary wear and tear or damage due to negligent
or improper operation or maintenance on the part of the Owner shall not be
considered any obligation of the Contractor. In the case the Contractor shall
neglect or fail to promptly make said repairs, after written notifications, the
Owner shall cause such repairs to be made at the expense of the Contractor
and/or his surety.
SS-14 Every effort to equitably settle all claims, disputes and other matters
in question shall be made between the Owner and the Contractor. The Contractor
will carry on the work and maintain he progress schedule during the process
unless otherwise mutually agreed in writing. If perchance, the aforementioned
claims, disputes and/or other matters in question cannot be mutually agreed
upon, then such matters shall be processed through the appropriate judicial
court system.
SS-15 Contractor to pay all fees and obtain all permits.