VIRGINIA COMMERCIAL SPACE FLIGHT AUTHORITY

REQUEST FOR PROPOSALS (RFP)

Issue Date: 7/7/2026

Subject: RFP 27.140100-001-001

Title: MARS PPF Decontamination Shower Design-Build

Issuing Organization: Virginia Commercial Space Flight Authority 101 W. Main Street, Suite 602 Norfolk, VA 23510

Location of Work: Mid-Atlantic Regional Spaceport

7414 Atlantic Road Wallops Island, VA 23337

Proposals will be received until 8/4/2026 4:00 p.m. Eastern time to furnish the scope described herein. Proposals shall remain valid for 90 days from the date submittals are due.

The following attachments require additional handling provisions and acknowledgement of non-disclosure terms:

Attachment C – MARS PPF Decontamination Shower Addition 30% Design Drawings

To access these attachments, send a request to solicitations@vaspace.org and reference RFP 27.140100-001-001 in the subject line of the e-mail. A secure SharePoint link will be provided by e-mail to access the applicable documents.

VCSFA is not obligated to pay any costs incurred by the Offeror in preparing or submitting an offer to this RFP.

Certification:

In compliance with this RFP and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation, and hereby certifies that all information provided below and in response to this request for proposal and any schedule attached hereto is true, correct, and complete.

Name and Address of Firm:

By: ______________________________________ _______________________________________ Authorized Signature/Title Date Printed Name

Email Phone Number

Virginia Commercial Space Flight Authority

VCSFA RFP 27.140100-001-001

MARS PPF Decontamination Shower Design-Build

TABLE OF CONTENTS

PAGE

I. PURPOSE 2

II. STATEMENT OF NEEDS 2

III. REQUEST FOR PROPOSAL AND PROJECT SCHEDULE 4

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS 4

V. EVALUATION AND AWARD CRITERIA 6

VI. GENERAL TERMS AND CONDITIONS 7

VII. OTHER TERMS AND CONDITIONS 8

VIII. ATTACHMENTS 9

I. PURPOSE

Virginia Commercial Space Flight Authority (“VCSFA” or “Virginia Spaceport Authority” or “VSA”) is requesting proposals for the design and construction of a dedicated 160 square foot decontamination room to support personnel and/or equipment decontamination operations in a controlled environment at the Mid Atlantic Regional Spaceport (MARS) Payload Processing Facility (PPF). The decontamination room will serve as an ante room prior to fueling operations and a space to perform decontamination operations post fueling operations.

The space shall be designed to ensure durability, safety, ease of cleaning, and compliance with applicable codes and hazardous location requirements.

Note: VCSFA is a political subdivision of the Commonwealth of Virginia and is exempt from the Virginia Public Procurement Act.

II. STATEMENT OF NEEDS

VSA and MARS, with the help of industry partners and customers, have begun performing fueling operations at MARS PPF. As a result of a recent mission, the need for a dedicated space to decontaminate suits and equipment used in the fueling process was identified. This project will support that requirement and need.

The Design-Build Offeror shall develop, design, and construct approaches that are both scalable and value-engineered to remain within the established budget. Work must follow applicable National Electric Code (NEC) NFPA, OSHA, and all applicable standards, and environmental regulations.

A. Engineering and Design Support

Contractor shall:

Provide all supervision, labor, materials, equipment, tools, hoisting, transportation, disposal, engineering coordination and design, permits, licenses, fees, bonds, warranties, and guarantees for the execution of this scope of work.

Coordinate with Owner and Engineer of Record.

Produce shop drawings and submittals including:

o Insulated metal panels o Wall coatings o Floor coating o Architectural drawings o Structural drawings o Foundation drawings o Electrical drawings o Process piping drawings o Coordinate with local Authority Having Jurisdiction (AHJ) for permits and inspections

B. Decontamination features

The room shall include the following features and systems:

Concrete foundation capable of supporting applied loads.

Collection basin for capturing run off water from decontamination showers.

Two (2) stainless steel emergency showers.

o One (1) with an eyewash station ESD epoxy coating on the floor and in the catch basin.

Stainless steel grating over the trench.

o All support steel also shall be stainless Metal wall studs at interior wall with moisture resistant gypsum board.

Insulated metal wall panels at exterior walls.

Radiation (RF) shielding at all exterior walls.

Install Class I, Division 2 (CID2) rated electrical fixtures suitable for hazardous locations.

STC 50-RF exterior door.

Wall and roof systems capable of supporting applied loads.

C. Warranty

Contractor shall provide:

Minimum 1-year installation warranty

D. Contractor Responsibilities

The Contractor shall:

Provide qualified licenses sub tiers, if applicable.

Maintain site safety and OSHA compliance.

Coordinate all work with VSA project manager and facilities.

Protect existing building systems during construction.

Restore any disturbed areas.

E. Deliverables

The Contractor shall provide the following upon project completion:

1) As-built drawings (updated throughout project process) o Native CAD files o PDF drawings

2) Design reports and meeting minutes

3) Preliminary and final design drawings (concept through construction documents submitted at 60%, 90%, and Issue for Construction (IFC))

4) Updated budget estimates and cost tracking at each design submittal level

5) Construction schedule (Gantt chart format)

6) Quality assurance/quality control (QA/QC) documentation

7) Final as-built documentation and O&M manuals

8) Warranty documentation

9) Test and commissioning reports

10) Training for facility maintenance personnel

F. Quality & Safety

1) Work shall conform to all applicable local building codes and OSHA regulations.

2) Adherence to ISO 9001 and AS9100 quality principles where applicable to aerospace environments.

3) Design-Builder shall implement a site-specific safety plan during construction, in accordance with VCSFA safety standards.

III. REQUEST FOR PROPOSAL AND PROJECT SCHEDULE

1. Request for Proposal

a. Release of Solicitation: 7/7/2026

b. Site Visit: 7/16/2026, 1:00 p.m. Eastern time

If you intend to attend the site visit, please contact Andrew Schilb a minimum of one (1) day before the event. Details will be given at that time. They can be reached at Andrew.schilb@vaspace.org. All other communication related to this RFP shall be addressed to solicitations@vaspace.org.

c. Questions must be submitted no later than 7/20/2026, 4:00 p.m. Eastern time.

d. Proposals are due 8/4/2026 4:00 p.m. Eastern time.

2. Desired Project Completion Date: 12/11/2026

IV. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

A. GENERAL REQUIREMENTS:

1. Response

a. In order to be considered for selection, Offerors must submit an electronic proposal by the date and time noted above and on the cover of this solicitation.

b. Receipt of an electronic proposal shall be used to determine timeliness.

c. Proposals must be submitted to solicitations@vaspace.org.

2. Proposal Preparation

a. Proposals must be signed by an authorized representative of the Offeror.

b. All information requested must be submitted. Proposals shall be organized as outlined.

c. All pages of the proposal should be numbered, and each paragraph in the proposal should reference the page number and paragraph number (as appropriate) of the corresponding section of the RFP. Information that the Offeror desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals which are not organized in this manner risk elimination from consideration if VCSFA is unable to find where the RFP requirements are specifically addressed.

d. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis shall be placed on completeness and clarity of content.

e. Proposal Preparation Costs: The Offeror is responsible for all costs of proposal preparation. VCSFA is not liable for any cost incurred by an Offeror in response to this

RFP.

f. Proposal shall remain valid for ninety (90) days from date of submission.

3. All Proposals Shall Include:

a. Cover sheet of this RFP - filled out as required and signed by an authorized representative of the Offeror.

b. VCSFA Business Certificate and W-9 - Attachments A and B respectively.

c. Exceptions to RFP or Terms and Conditions - Attachment H

d. Executive Summary – A concise overview of the proposed approach, highlighting how it meets or exceeds the scope requirements, and addresses any project risks.

e. Capability and Experience of the Offeror

Provide an organizational chart showing the companies that comprise the Offeror’s design and construction teams and the key personnel for all Scopes of Work outlined in the Statement of Needs. Identify the legal/contractual relationship between firms (prime contractor, subcontractor, joint partnership, etc.)

If the Offeror’s team is a combination of two firms (e.g. a general contractor and separate Architect/Engineer), discuss any history of collaboration on past projects, particularly if the firms have performed on previous contracts as a Design-Build team.

Provide an overview of the Offeror’s qualifications to perform the work, including relevant experience, technical competencies, and management capabilities. The response should demonstrate the Offeror’s ability to successfully execute projects of similar scope and complexity. Include descriptions of 3-5 relevant projects that highlight the firm’s capability to manage, deliver, and support work of this nature. Of particular interest are past Design-Build projects relevant to this RFP. VCSFA may request prior customer contact information to contact for a reference regarding past performance.

Describe the qualifications and experience of key personnel for the design and construction Work. List specific experience on relevant past projects for each key personnel from the design and construction teams; cross reference with the firm’s relevant past projects listed above.

Discuss firm’s financial stability and capacity to perform the work, including bonding capacity, insurance, and access to capital.

f. Technical Approach - Detailed methodology of how the contractor will execute each Scope of Work outlined in the Statement of Needs. This should be inclusive of any tools and technology to be utilized. Description shall include but not be limited to:

Approach to coordination between VCSFA, construction contractor and

Architect/Engineer (Design-Build Team) with VCSFA to ensure cohesion and transparency throughout all phases of the project

Approach to staying within the project budget, including but not limited to providing periodic cost estimates and value engineering services

Preliminary design ideas, value management options, and/or innovative ideas and creative solutions for meeting project objectives

a. Note: The Offeror’s proposal must comply with the attached VCSFA plans and design criteria. If the Offeror has proposed ideas or suggestions that diverge from VCSFA plans and design criteria, the Offeror shall state them separately from their base project approach as value management options and clearly explain why the modification(s) would bring value to VCSFA in terms of cost, quality, maintenance, schedule/time, and/or life cycle advantages.

Quality assurance and control plan Subcontracting plan including potential subcontractors and material suppliers

f. Project Price – Pricing with elemental breakout, in accordance with Attachment D.

g. Project Schedule – Detailed timeline identifying key tasks/milestones, task durations, final project completion, and any mitigation strategies for potential delays. Additionally, include completed Attachment E Schedule Form in this section.

h. Assumptions and Risks.

a. Assumptions. Offeror shall submit a detailed list of all assumptions upon which the fixed price and schedule are based. Assumptions shall be specific, factual, and directly related to scope definition, existing conditions, access, utilities, phasing or VCSFA-furnished information.

b. Risks: Offerors shall identify known or perceived risks, uncertainties, or information gaps that could affect cost, schedule or performance. For each risk identified, describe the nature of the risk, whether the risk is Contractor-controlled, Owner-controlled or shared, and the potential cost or schedule impact.

c. Assumptions and risk disclosures submitted with the proposals are for evaluation and informational purposes only and shall not modify, limit, or qualify the Offeror’s obligations under this RFP or the resulting Contract unless expressly incorporated into the Contract by VCSFA.

i. Proposals/quotes of lower-tier subcontractors, if any.

V. EVALUATION AND AWARD CRITERIA

Proposals will be evaluated based on best overall value with the following criteria, in order of priority:

Technical Approach, including Offeror’s project understanding and methodology for executing the Statement of Needs for this RFP and creative solutions that increase quality and reduce cost, risk, and/or schedule.

Capability and Experience of the Offeror, including its track record on similar commercial projects.

Project Price, including the reasonableness and realism of proposed pricing and alignment with VCSFA’s budget.

Ability to meet VCSFA’s requested project completion schedule with minimal disruption.

Proposals that are not in compliance with specifications will not be considered. Proposals shall be evaluated by VCSFA based on the above specific criteria and completeness, relevance, and quality of the Offeror’s responses to the RFP and the specific proposal requirements.

VCSFA reserves the right to reject any and all proposals; to waive minor informalities in proposals or request additional information from Offerors; or to select the proposal that in VCSFA’s judgment best accomplishes the purpose of the request.

Discussions or Oral Presentation. VCSFA may choose to engage highly ranked Offerors after the proposal evaluation stage to participate in discussions and/or oral presentations, during which Offeror may be asked to clarify or elaborate on aspects of their proposals. Offeror evaluations and rankings may be further modified based discussions/oral presentations.

Negotiations. VCSFA will select one or more Offerors that it deems to be fully qualified and best suited based on the evaluation of proposals and any additional discussions/oral presentations, in accordance with the criteria included in this RFP. VCSFA may then conduct negotiations with the Offerors so selected. VCSFA shall consider price, but it will not be the sole determining factor in the selection. Negotiations may result in mutually agreed upon modifications of the RFP and/or the Offeror’s proposal. After VCSFA conducts negotiations with each Offeror so selected, VCSFA shall select the Offeror that, in its opinion, presents the best overall value to VCSFA.

VCSFA may cancel this RFP or reject Proposals at any time before the award and is not required to furnish a statement of the reason VCSFA did not deem a particular Offeror the most advantageous. Should VCSFA determine in writing and in its sole discretion that one Offeror clearly offers the best value to VCSFA, VCSFA may negotiate a contract or award a contract without further negotiation to that Offeror.

Award. The award will be for a contract that provides a firm fixed price to complete all the Work that is expressly required by and can be reasonably inferred from the Statement of Needs, incorporating by reference all plans, specifications, requirements, terms, and conditions of this RFP and the Offeror’s Proposal as negotiated. The contract shall be awarded to the firm offering overall best value to VCSFA.

VI. GENERAL TERMS AND CONDITIONS

The following terms and conditions are incorporated into this solicitation:

Attachment F– VCSFA Terms and Conditions Attachment G– VCSFA Special Requirements

By submitting a proposal, the offeror confirms acceptance of these terms as well as any other terms and conditions contained in this RFP. Any exceptions to these terms should be identified in accordance with Attachment H.

VII. OTHER TERMS AND CONDITIONS

1. In accordance with the Virginia Fair Employment Contracting Act, Va. Code Sec. 2.2- 4200 et seq., the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause, including the names of all contracting agencies with which the Contractor has contracts of over $10,000.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. However, 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.

c. If the Contractor employs more than five employees, the Contractor shall

(i) provide annual training on the Contractor’s sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the Contractor’s sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the Contractor owns or leases for business purposes and (b) the Contractor’s employee handbook.

d. The Contractor shall include the provisions of subdivisions a, b, and c above in every subcontract or purchase order of over $10,000, so that those provisions will be binding upon each subcontractor or vendor.

2. The Contractor agrees to comply with all applicable federal and state laws and regulations pertaining to information security and data privacy.

3. Request to Protect Records from Public Disclosure

Information which you desire to make available to VCSFA but which you believe should be exempted from disclosure, such as a trade secret, proprietary information, or other confidential information, should clearly by identified and designated as such, stating in writing why protection of that information is needed. The Respondent should make a written request to solicitations@vaspace.org. The written request shall:

a. Specify the applicable Code of Virginia exemption (such as Va. Code Sec. 2.2-3705.6(24)), upon the submission of the materials for which protection is sought.

b. Identify specifically and conspicuously the data or other materials for which the protection is sought (requesting protection for the entire response does not comply with this requirement and such request will be rejected); and,

c. State the reasons why protection is necessary.

Failure to take such precautions prior to submission of information may subject confidential information to disclosure under the Virginia Freedom of Information Act.

VIII. ATTACHMENTS

Attachment A – VCSFA Business Certification Attachment B – W-9 Form Attachment C – MARS PPF Decontamination Shower Addition 30% Design Drawings Attachment D -- Pricing Form Attachment E – Schedule Form Attachment F – VCSFA Terms and Conditions Attachment G – VCSFA Special Requirements Attachment H – Exceptions to VCSFA RFP and Terms and Conditions

The Following attachments require additional handling provisions – see RFP cover page for instructions:

Attachment C – MARS PPF Decontamination Shower Addition 30% Design Drawings

Dear Valued Supplier, We request that you complete the following information in order to with

. Please return this form as soon as possible

Company Name Company Name Street Address Street Address City City State Zip State Zip

Cage Code

President: CFO:

No. of Employees:

If Subsidiary, name of Parent:

Signature:__________________________________ Title:

Date:

Vendor ID: Classification: __ __ __ __ __ __ __ __

Export/Import Certification

(NAICS)

OFFEROR (____) is, (____) is not a “U.S. Person” as defined in the ITAR 22 CFR Part 120.15 and EAR 15 CFR 772.

OFFEROR (____) is registered, (____) is exempt from registration, (_____) is not registered with the U.S. Department of State, Directorate of

Defense Trade Controls per ITAR 22 CFR Part 122.1 (a) and (b). Expiration Date of Registration (________________) OFFEROR (____) will obtain the necessary export authorization prior to the release of controlled technical data or other defense articles provided by for the purpose of procurement to any Foreign Person in or outside of the United States.

In the event this effort contains controlled technical data within the definition of the International Traffic In Arms Regulations (ITAR), it is subject to the control laws of the U.S. Government. Transfer of this data by any means to a Foreign Person, whether in the United States or abroad, without an export license or other approval from the U.S. Department of State, is prohibited. Suppliers shall ensure any lower tier participants are made aware of this requirement.

Additionally, for service type orders, the supplier is advised that due to the nature of work performed by , it is anticipated that any services performed under this contract may include exposure to defense articles. As such, only U.S. Persons may work on any resultant order. The supplier is responsible for ensuring compliance with this requirement, and for flowing down the requirement to lower tier participants.

ORDERS MAY NOT BE PROCESSED UNTIL WE HAVE RECEIVED THE ABOVE INFORMATION

Company Addresses Order to: Remit to:

ITAR 22 CFR 120.15 and EAR 15 CFR Part 772 define a U.S. person as a person who is a lawful permanent resident as defined by 8 U.S.C.1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity.

Business Status

Pertinent Data

It is the policy of that small businesses and companies owned by socially and economically disadvantaged individuals have the maximum opportunity to participate in the performance of contracts awarded by the U.S. Government Federal agencies. Eligibility as a small business is based upon the regulations issued by the Small Business Administration, per Rev. 13, part 121 of the SBA Rules and Regulations.

Fax Number

If so, what year?

Dun & Bradstreet Number:Federal Tax I.D. Number:

Principal product or service:

(Assigned by POC)

Printed Name:_______________________________

Internal Use Only

Telephone Number Fax Number

Telephone Number

Has your company ever filed for Bankruptcy?

Years in Business:

Native American-Owned Small Business

Small Business Large Business Non-Profit Business Foreign Business Historically Black College & University or Minority Institution

Small Disadvantaged Business Women-Owned Small Business HUBZone Small Business Veteran Owned Small Business Service Disabled Veteran Owned Small Business Nonprofit Agency for Blind/Handicap

RFP 27.140100-001-001

Attachment D Pricing Form

Offers are requested to provide as much detail as possible to understand breakdown of pricing.

Element Price

Design

Electrical Design Mechanical Design Fire Detection Design Plumbing Design Arch/Struc/Life Safety Design Construction Demolition - Electrical Plumbing Architectural Walls Construction

Concrete

Misc. Metals

Process piping modifications

Painting

Resinous Floor

Doors and Hardware

Permitting/Misc.

Adjustments

Bonds

TOTAL

Attachment D - Pricing Form, Cont.

Labor/Equipment Rates for Approved Changes (attach additional sheets as necessary)

Contractor shall provide standard and overtime rates for each classification of labor anticipated as well as hourly rate for each classification of equipment anticipated. All rates shall include overhead, profit, taxes, insurance, bonds, hourly minimums, etc.)

Trade Rate REG O.T.

Carpenter _______/hr. _______/hr.

Plumber _______/hr. _______/hr.

Electrician _______/hr. _______/hr.

HVAC Technician _______/hr. _______/hr.

Pipefitter _______/hr. _______/hr.

Laborer _______/hr. _______/hr.

Other ________________ _______/hr. _______/hr.

Equipment

Forklift _______/hr. _______/hr.

Scissor lift _______/hr. _______/hr.

Dumpster _______/hr. _______/hr.

Attachment E -Schedule Form

Milestones and Durations (required): Indicate in working days. Please provide expedited options for schedule with associated costs, not required to submit bid but highly recommended.

Contractors shall base schedule on projected/target contract execution date of 8/17/2026.

Scope Start Date/ Site Ready

Desired Completion

Contractor Duration

Design Decon shower 8/17/2026 10/31/2026 HVAC Lead Times Long Lead Items:

Demolition Plumbing Mechanical Electrical Architectural Flooring Doors Fire Detection TCO (Temp Cert Occupancy) 11/20/2026 Full Scope of Work Completion 12/11/2026

Anticipated mobilization date __________________

Projected completion date for All Scope __________________

Schedule: Contractor shall attach a schedule detailing completion of this scope of work in their proposal response, in addition to the required information above, to indicate additional detail, major milestones, etc.

ATTACHMENT F

VCSFA TERMS AND CONDITIONS

1. Definitions

2. The Work

3. Contract Documents

4. Submittals

5. Superintendence

6. Material and Workmanship

7. Progress and Completion

8. Mutual Responsibility

9. Changes

10. Delays

11. Default and Termination

12. Claims and Disputes

13. Regulatory Compliance, Inspections, and Testing

14. Environmental Protection

15. Safety

16. Safety Data Sheets

17. Substance Abuse

18. Indemnity

19. Insurance

20. Encumbrances

21. Warranties and Guarantees

22. Miscellaneous Requirements

23. Payments

24. Personnel Eligibility and Facility Access Requirements

25. Quality Management System

1. DEFINITIONS

A. In this Agreement, the word “Work” shall mean the work, labor, services, materials, and things required to be done and furnished by the Contractor under this Agreement. The word “Project” shall mean all work, labor, services, materials and things required to be done to construct the entire Project of which the Work under this Contract is a part.

B. The word “Owner” shall mean VCSFA.

C. The words “Architect/Engineer”, “Architect” or “Engineer” shall mean the Architect or Engineer furnishing design services for the Project pursuant to agreement with the Owner.

D. The words “building”, “structure”, or “project” shall also mean, and include, outside utilities, sidewalks, landscaping, roads, streets, and other subjects and objects of construction related to the Work being provided by Contractor under this Agreement.

E. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an officer or agent of the corporation for whom it was intended, or if delivered to or sent by Registered or Certified mail or by courier services to the last business address known to the party giving notice.

2. THE WORK

A. The Contractor agrees to provide the Work required and will complete the Scope of Work as defined above, in connection with the construction of the Project, and will furnish all labor, materials, scaffolding, equipment, systems, machinery, tools, apparatus, and transportation necessary to complete the Work, as described herein and as described in “Attachment H, VCSFA Special Requirements”, including all required shop drawings and samples and shall, as often as directed by the Owner, completely clean all work and remove all contributing debris from the jobsite or to locations designated by the Owner, and perform all work necessary to complete the items of Work as stated in the Contract Documents.

3. CONTRACT DOCUMENTS

A. The Contract Documents consist of this written Agreement between the Owner and the Contractor including Attachments, all Drawings, Specifications, Addenda, Construction Schedule(s), Change Order(s), and written orders for minor changes in the Work issued by the Architect/Engineer and/or the Owner, all of which constitute one instrument.

B. Except as modified by this Agreement, the Work shall be performed and completed in accordance with the Contract Documents, including addenda thereto, all of which the Contractor acknowledges he has read and understands.

C. The Contract Documents including the Attachments, Drawings, Plans, Specifications, Special Requirements and addenda thereto, shall be kept on file in the office of the Owner, and shall be considered as exhibits to this Agreement. Work shown on the drawings, but not specified, or in the Specifications, are to be construed as supplementing each other.

D. Should the Owner not engage an Architect/Engineer on the Project, the rights of the Parties shall be determined without necessity of any certificate, determinations, or other function(s) to be performed by an Architect/Engineer.

E. Contractor hereby specifically acknowledges and declares the contract documents are sufficiently complete to have enabled it to determine the cost of work and that the Drawings and Specifications and all Addenda are sufficient to enable Contractor to construct the work outlined therein in accordance with applicable laws and otherwise to fulfill all its obligations under the contract documents and to determine the cost of work. Contractor shall report any discrepancy or omission, which it observes as such in the construction documents and request any need for clarification or interpretation to Owner. If Contractor performs any construction activity or if it knows that any contract document contains a recognized error, inconsistency, or omission and Contractor fails to report such a condition then said Contractor shall be responsible for such performance and shall bear the cost of correction thereof.

F. The Contractor, upon execution of this Agreement, shall be bound to the Owner by the terms of all the Contract Documents. This Agreement shall preserve and protect the rights of the Owner with respect to the Work to be performed by the Contractor so that contracting thereof will not prejudice such rights.

The Contractor shall require each lower-tier Subcontractor to enter into the same Agreement.

G. In the event of any conflict or discrepancy in the provision of the Contract Documents, the Documents shall be interpreted on the basis of the following order of priority:

1) The Agreement between the Owner and Contractor including properly signed Change Orders thereto;

2) Addenda, with later date having greater priority;

3) Specifications;

4) Drawings;

5) Large scale detail(s) and/or schedule(s)

6) Small scale detail(s).

H. The organization of the Specifications into Divisions, Sections, and Articles, and the arrangement of the Drawings, shall not control the Contractor in dividing the Work among Subcontractors or establishing the extent of the Work to be performed by any Trade.

4. SUBMITTALS

A. Submittal data shall be prompt and complete to ensure scheduled delivery of such equipment and/or materials so as not to delay the progress of either the Contractor’s Work or the work of others. Adequate copies of such data shall be submitted, plus the number of copies desired by the Contractor for its use.

Contractor agrees to keep the Owner fully informed regarding its delivery schedule, and will immediately advise the Owner should any delay be anticipated. A complete, up-to-date Procurement Schedule will be submitted on forms acceptable to the Owner upon request. The Procurement Schedule and Construction Schedule shall be compatible.

B. As-built documents and data shall be maintained and recorded daily by the Contractor as applicable to its Work and will be available for review by the Owner monthly, concurrently with the Contractor’s request for progress payments. The maintenance of the “as-built” documents by the Contractor on a daily basis is a condition precedent to receiving payment each month.

C. Approval of any drawing shall not relieve the Contractor of any duty and responsibility to perform the Work in the manner necessary to produce the results required by the Contract Documents.

D. The Contractor shall prepare a Material Status Report in a form acceptable to the Owner no later than ten (10) calendar days after the Contract is awarded. The report shall include a complete list of suppliers, fabricators and/or manufacturers, the items to be purchased from the suppliers, fabricators and/or manufacturers, the time required for fabrication and delivery of each item, the original contracted delivery date(s) and revised delivery dates(s), if any, for each item. This report shall be updated monthly, and submitted with the Contractor’s monthly pay application, or more frequently as required by the Owner.

5. SUPERINTENDENCE

A. The Contractor shall provide adequate, competent, and experienced full-time, on-site supervision (satisfactory to the Owner) during the performance of the Work to be performed under this Agreement.

Such supervision shall have the authority to carry out directions from the Owner relating to the Contractor’s Work or responsibility.

B. The Contractor shall provide technical services, as required, to affect the operation of equipment and/or material furnished under this Agreement, including performance of specific testing, if any, and shall instruct the Owner’s personnel in the operation, maintenance and control of such equipment.

6. MATERIAL AND WORKMANSHIP

A. All Work shall be to the final approval of the Owner and their decision as to the performance of the Work in accordance with the Plans and Specifications and the true constructive meaning of the Plans and Specifications shall be final, subject to the limits stated in the Contract Documents.

B. The Contractor shall provide safe and sufficient facilities at all times for inspection of the Work by the Owner or their authorized representatives.

C. Should the Owner condemn or fail to approve any Work and/or materials to be furnished under this Agreement, the Contractor shall, within twenty-four (24) hours after receiving written notice from the Owner of such determination, proceed promptly to take down all portions of the Work and remove from the grounds and buildings all materials, whether worked or unworked, which are subjected to condemnation or disapproval, and shall promptly make good all such Work and all other work damaged or destroyed in removing or making good said condemned Work.

D. Contractor shall conform to and abide by any additional specifications, drawings, or explanations furnished by the Engineer or Owner to illustrate the Work to be done, subject to the provisions of paragraph 9 – "Changes”.

E. Prior to starting any work, Contractor shall review all job conditions and shall immediately notify Owner in writing of any interferences, unacceptable conditions, or prior defective work by others that would affect the proper and timely execution of Contractor’s Work. Contractor shall be barred from making any claims and shall be responsible for any damages caused by the redoing of his Work.

F. Contractor shall field dimension the Work in any instance that accurate dimensions of fabricated components are required to guarantee a complete, high quality and compatible installation of the Contractor's Work as required to meet the intent of Contract Documents and details provided. Contractor shall immediately notify Owner in writing of any variances or irregularities in field conditions that will affect the functional or aesthetic integrity of the Contractor's Work. If the Contractor fails to field dimension or fails to notify Owner of irregularities or variances, the Contractor will pay all costs associated with the removal and replacement of its Work and all associated costs of Work of others required by Contractor's rework.

G. It is agreed and understood that any field modifications performed without the approval from Architect/Engineer shall be the responsibility of this Contractor and may result in installed materials being rejected as noted in the Contract Documents. Furthermore, any cost associated to correct these field modifications, including replacement due to rejection by Architect/Engineer or VCSFA, will be the responsibility of this Contractor.

H. Contractor agrees to perform repairs due to own negligence throughout the course of the installation process. Furthermore, this Contractor includes all touch-up, final adjustments, and cleaning required ensuring that all work is turned over to VCSFA without damage and deterioration.

I. Contractor shall be responsible for the protection of any work that has been previously installed by another Contractor when work is being performed on, over, or near such work. This protection shall include visqueen, paper, plywood or any other means necessary to provide a complete protection system.

J. Contractor shall be responsible for furnishing, coordination of delivery, unloading, storing, handling, taking inventory, installing, and protecting all materials related to this scope of work. It is agreed and understood that the Contractor will coordinate with Owner to accomplish this. Furthermore, these responsibilities are agreed to be in place during normal working hours and off hours required for a complete scope of work.

K. All Contractors shall be responsible for removing all trash and debris from the Project on a daily basis. Failure to do so will result in the Owner performing the Work and deducting all costs from the Contractor amount.

L. Regarding clean-up of work only, if Contractor fails, within eight (8) hours of receipt of written notice to the Contractor’s field supervisor, to correct its failure to properly clean-up and dispose of all trash and waste materials created by the Contractor, the Owner shall have the right to perform such clean-up for Contractor, and the Contractor hereby agrees to pay Owner fifty ($50.00) dollars per labor hour for the time required, plus transportation and dumping costs, all as the agreed costs for the Owner to perform the clean-up work. Clean-up of the Work, and the daily removal of debris from the areas of the Work, is mandatory. Each day, all trash and debris shall be removed from the Project to an acceptable location. Fire exits, corridors and doorways as applicable shall be clear of debris and open to pedestrian and wheelchair traffic at all times, specifically including nights and weekends.

7. PROGRESS AND COMPLETION

A. The Owner shall coordinate all Work, and unless otherwise expressed or provided, the Contractor shall begin Work covered by this Agreement as soon as the Project is ready for such Work, or immediately upon verbal or written notice by the Owner and shall carry on said Work efficiently and at a rate that will not cause delay in the progress of the work of others.

B. The Contractor shall at all times, supply and promptly pay for, adequate tools, appliances, equipment, a sufficient number of properly skilled workers, and a sufficient amount of materials and supplies of specified quality to efficiently and properly prosecute the Work in accordance with the Project Schedule, and any modifications thereto, in order to achieve a project completion date established by the Owner with due consideration that other work is dependent upon the Work of this Agreement for proper and timely completion.

C. The Contractor is to employ workers who will work in harmony with those employed by the Owner, and other Contractors, and should the Owner’s or other Contractor’s work for any reason be stopped, or materially delayed, in the judgment of the Owner, due to the Contractor not having proper workers, then the Owner shall have the right, in addition to any and all other rights provided in this Agreement, forty-eight (48) hours after written notice to the Contractor, to employ such workers to complete the requirements of this Agreement, who will work in harmony with the employees of the Owner and other Contractors, and the cost of completing the Work shall be charged to the Contractor.

D. It is further understood that contracts will be awarded, and labor employed upon the job without discrimination as to whether the employees of the Owner, the Owner or Contractor are members, or are non-members, of any labor organization. The Contractor agrees that in the event of a work stoppage resulting from a labor dispute directed at the Contractor, the Owner shall have the right to proceed as set forth herein including, but not limited to, employing such workers as Owner deems appropriate to complete the requirements of this Agreement, and the cost of said completing the Work shall be charged to the Contractor.

E. If, in the opinion of the Owner, the Contractor falls behind in the progress of the Work to be done under this Agreement, the Owner may, upon seventy-two (72) hours written notice, direct the Contractor to take such steps as the Owner deems necessary to improve the rate of progress, including requiring the Contractor to increase the labor force, number of shifts and/or overtime operations, days of work, amount of plant or other remedies, and to submit for approval an outline schedule demonstrating the method under which the required rate of progress will be regained, without additional costs to the Owner. The Owner may, upon reasonable notice, require the Contractor to prosecute in preference to other parts of the Work, such parts as the Owner may specify. If Contractor fails to comply with the requirements of this subparagraph to Owner’s satisfaction, in addition to any other right or remedy Owner may have under this Agreement, the Owner may employ such workers and purchase and lease such materials and equipment as Owner deems necessary in order to regain the proper rate of progress with respect to the Work. All costs incurred by Owner in so regaining the proper rate of progress for the Work shall be charged to the Contractor.

F. In performing this Agreement, the Contractor agrees that it will not discriminate against any employee or applicant because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, veteran status or any other basis prohibited by state law relating to discrimination in employment, in the manufacture, assembly, delivery, erection and installation of materials and performance of the Work covered by this Agreement.

G. The construction time allotted for each phase or portion of the Project will be as stipulated in the Contract Documents. Date of commencement of the Work to be performed under this Contract shall be in accordance with Owner direction. Substantial completion shall be as stipulated in this Agreement.

Contractor shall furnish to the Owner insurance certificate(s), surety bonds, (if required) and an executed (signed) contract within seven (7) calendar days of the issuance of this Agreement. Should the Contractor fail to furnish these required documents within seven (7) calendar days as stated above, the Owner may elect to proceed against the bid security (if provided) and award the Contract to another Contractor.

H. Contractor understands and recognizes that the system being installed under this Agreement is to be 100% complete and ready for use by the Owner immediately upon completion of said Contractor’s scope of work. Any incidental or miscellaneous equipment necessary for a complete installation is to be provided under this Agreement.

I. The Date of Substantial Completion of the Work or designated portion thereof is the date when the scope of this contract is sufficiently complete, in accordance with the Contract Documents, so that the Owner can occupy or utilize the Work or a designated portion thereof for the use for which it is intended.

J. The Construction Schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the Contractor. The Construction Schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules, submittals and material delivery schedules.

8. MUTUAL RESPONSIBILITY

A. The quantity and Scope of Work required herein is directed by the whole of the Contract Documents, and the Contractor acknowledges its obligations under this Agreement to coordinate its Work with materials and/or equipment to be furnished by others to ensure a completely compatible system.

Accordingly, the Contractor shall review the fabrication drawings and the product data of all items requiring integration and compatibility with the Work required hereunder.

B. The Contractor shall review the surfaces provided by others to which its Work is to be applied and shall notify the Owner of any known defect or condition detrimental to proper procedures, prior to the commencement of its Work; otherwise, it shall be deemed that the Contractor has accepted the conditions of such surfaces and shall be liable for all consequences resulting therefrom.

C. Contractor shall be liable for any damages to adjacent surfaces caused by its Work, including damages resulting from Contractor’s cleaning of such surfaces.

D. The Owner, at their discretion, may make available within reasonable limits, temporary services for the benefit of Contractor as described in “Attachment H, Special Requirements #3 Temporary Facilities, Services and Site Utilization Plan”. Litter containers shall not be utilized for the deposit of scrap or waste construction materials. Contractor hereby agrees to constantly maintain proper housekeeping controls for construction debris and litter arising from its operations and shall clean on a daily basis, all debris and foreign material contributory to its operation.

E. Contractor shall provide, maintain, and remove from the Project site, on completion of Work, all its temporary offices (if required), structures for the use of its employees, sheds and storage facilities, complete with all necessary utilities, gas, telephone and water. Storage areas for the use of the Contractor shall be designated by the Owner, and no materials or equipment shall be stored by the Contractor except in areas approved by the Owner. Such storage areas shall be maintained in an orderly condition by the Contractor.

F. The Contractor shall provide and be responsible for layout, including the accuracy thereof, necessary for the performance of the Work covered by this Agreement.

G. The Contractor shall perform all cutting, fitting, patching, sleeving, grouting and sealing of its Work that may be required to fit it to, receive, or be received by the work of others as shown, or reasonably implied by the Contract Documents, or as required, or reasonably implied by the rules and regulations, codes and requirements of all regulatory agencies having jurisdiction over the project; or as required or reasonably implied to achieve consistency and compatibility with the design of elements being penetrated.

H. The Contractor shall pay to the Owner the reasonable value for the use of any of the Owner’s equipment which the Owner may permit the Contractor to use.

I. Anchoring devices required for the Work to be built into concrete or masonry shall be furnished by the Contractor with accompanying location drawings. All anchoring devices will be installed by the Contractor unless otherwise agreed to by the Parties hereto.

J. The Contractor represents that it has investigated, examined, inspected, and thoroughly familiarized itself with the Contract Documents, the site, and adjoining premises in connection with which the Work covered by this Agreement is to be performed, and that it has thoroughly informed itself as to any difficulties in connection therewith, and that the Owner has made no representation of any kind or nature with referenced thereto not contained in this Agreement. Commencement of this Work, or any portion thereof, by the Contractor shall be conclusive, evidence that the jobsite or that part thereof at which such Work is being installed, is in proper condition for the reception and installation of the Work.

K. No action or failure to act by the Owner shall constitute a waiver of any right or duty afforded any of them under the Contract. Nor shall any such action, or failure to act constitute an approval of, or acquiescence in any breach thereunder, except as may be specifically agreed in writing, or where time limit for performance or action is specified in the Contract Documents.

9. CHANGES

A. In the event the Owner requests the Contractor to review a proposed modification to the Project which may affect the Contractor’s Work, the Contractor shall respond in writing within seven (7) calendar days after receipt of such request, or other reasonable time limits as the Parties may agree, stating the effect of the proposed modification upon its performance, including details of cost and time thereof.

Otherwise, the Contractor shall accept the determination of the Owner as to the effect of the proposed modification or change.

B. The Owner may at any time, without notice to the Surety of this Agreement, by written order designated or indicated to be a Change Order, make any change in the Work within the general…