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Site work for a mixed-use development in Williamsburg, Virginia. Completed plans call for site work for a water / sewer project.

**As of April 20, 2023 , this project has been awarded to Crofton Construction Services, Inc. for $514,224** For Chickahominy Riverfront Park Pier Replacements Time The undersigned Contractor agrees to commence Work within 10 Days after the date of Notice to Proceed and further agrees to substantially Complete all Work under this Agreement within 210 Days from the date of the Notice to Proceed and to reach Final Completion of all Work under this Agreement within 270 Days from the date of the Notice to Proceed. All questions pertaining to this project should be directed to Linda Hodges, Deputy Director or Purchasing no later than 12:00 P.M., on Tuesday, January 31, 2023, in writing via e-mail to: linda.hodges@jamescitycountyva.gov Bid Security in the amount of Five percent (5%) of the Bid shall be submitted with each Bid. Performance and Payment bonds for one hundred percent (100%) of the Contract will be required by the Owner prior to Contract Award. The cost of bonds is to be included with the bid price. Each bid shall be accompanied by a Bidder's bond issued by a company authorized and licensed to transact business as surety in the Commonwealth of Virginia, a certified check, or cash escrow, in an amount equal to not less than five (5) percent of the total amount of the bid, made payable to James City County, Virginia. It is expressly agreed by us that James City County, Virginia shall have the right to reject any and all Bids and to waive any minor non-substantive errors in the Bid and accept the Bid in James City County's best interests. All material and workmanship shall be subject to inspection, examination and test by the Owner at any time during manufacture and/or construction. The Owner shall have the right to reject defective material and workmanship or require their correction. QUALIFICATIONS OF BIDDERS OR OFFERORS: James City County may make such reasonable investigations as deemed proper and necessary to determine the ability of the Bidder/Offeror to perform the work/furnish the item(s) and the Bidder/Offeror shall furnish to James City County all such information and data for this purpose as may be requested. James City County reserves the right to inspect Bidder's/Offeror's physical facilities prior to award to satisfy questions regarding the Bidder's/Offeror's capabilities. James City County further reserves the right to reject any bid or proposal if the evidence submitted by or investigations of, such Bidder/Offeror fails to satisfy James City County that such Bidder/Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein. Bids will be based upon the estimated quantities shown in the Bid form. Bids will be compared on the basis of a total computed price; arrived at by taking the sum of the estimated quantities of each Bid Item, multiplied by the corresponding unit price bid, and any lump sum Bids on the individual items. Discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of words. The right to reject any or all Bids or to accept any Bid considered of advantage to the Owner is reserved. The total base bid shall be used to determine the lowest responsive and responsible bidder. It is mutually understood and agreed by and between the Contractor and Owner that in the execution of the Work, time is an essential element of the Agreement, and it is important that the Work proceed vigorously to completion. 10.2 The Owner has the right to deduct any liquidated damages from any money in the Owner's hands, otherwise due, or to become due, to the Contractor, and to sue for and recover any additional compensation for damages for non-performance of the Work or failure to complete the Work within the Contract Time. 10.3 The assessment of liquidated damages for failure to complete the Work within the Contract Time shall not constitute a waiver of the Owner's right to collect any additional damages that the Owner may sustain by failure of the Contractor to carry out the terms of the Agreement. 10.4 In the event of delay in the completion of the Work as specified beyond the Completion Date as adjusted by Change Orders, it would be difficult to determine the exact amount of the loss or damages suffered by the Owner due to delays in completion of the Agreement. Therefore, for every - Day of delay past Completion Date of this Agreement as adjusted by Change Orders, the Contractor and the Contractor's Surety will be liable to the Owner, as liquidated damages for delay and not as a penalty, in the sum designated in Section 102, III. Bid Form, and in paragraph H of the Agreement between Contractor and Owner as set forth in Section 103, for each and every calendar Day the Contractor shall be in default, as follows: A. If Substantial Completion has not been achieved by the scheduled Substantial Completion date, the Substantial Completion liquidated damages shall accrue each Day until Substantial Completion is achieved. B. If Substantial Completion has been achieved but Final Completion has not been achieved by the Final Completion date, Final Completion liquidated damages shall accrue each Day until Final Completion is achieved. C. If Substantial Completion is not achieved by the time of Final Completion then liquidated damages for both Substantial and Final Completion shall run concurrently until Substantial Completion is achieved . D. The scheduled Final Completion date shall not be extended, in any case, solely because Substantial Completion was not achieved by the scheduled Substantial Completion date. E. This paragraph will not apply to delays in completion of the Work due to acts of God, acts of the Public Enemy, acts of the Government (in either its sovereign or contractual capacity), fires, floods, strikes, or unusually severe weather, provided, that the Contractor shall, within five (5) Days from the end of the month in which such delay occurred, notify the Owner in writing of the causes of delay and the facts relating thereto; and, provided that such delay occurs prior to the Substantial Completion date or, if Substantial Completion has been achieved, such delay occurs prior to the Final Completion date. Failure to provide such notice shall preclude the Contractor from claiming that delays resulted from the acts of God, acts of the Public Enemy, acts of the Government (in either its sovereign or contractual capacity), fires, floods, strikes, or unusually severe weather. F. Nothing in the above clause shall be interpreted as limiting in any way, the Owner's right to proceed against the Contractor for additional damages or losses. Liquidated damages are for delay only and are in addition to any other rights available to the Owner by contract or law. To the fullest extent permitted by Laws and Regulations, the Contractor shall waive any defense as to the validity of such liquidated damages as set forth herein on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. Liability for liquidated damages incurred by the Contractor as set forth in the Agreement

Award

Water / Sewer

$514,224.00

Public - County

Site Work

11

8

6

5

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February 22, 2023

March 20, 2023

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1350 John Tyler Hwy, Williamsburg, VA

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