City of Fairfax, Virginia

Office of Procurement Services 10455 Armstrong Street Fairfax, Virginia 22030

Title University Drive Bicycle Lanes from South Street to Kenmore Drive

Invitation for Bid IFB 114424

Federal Project CN No.: TAP-5B01(338)

VDOT Project: UPC 121556

Commodity Code(s)

91347 Construction, Sidewalk and Driveway, Including Pedestrian and Handicap Ramps

91396 Paving/Resurfacing (Street)

Procurement Officer Patricia Innocenti, CPPO Patricia.innocenti@fairfaxva.gov 703-385-7875

Issue Date June 30, 2026

Questions Deadline July 22, 2026

Prebid Conference

A virtual prebid conference is scheduled for July 14, 2026 @ 11:00 am. Meeting link Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/231497717348804?p=T5C5 3cxNaClXCR7Ki0 Meeting ID: 231 497 717 348 804 Passcode: Fy2Vv2ge

Due Date August 10, 2026 @ 2:00 pm mailto:Patricia.innocenti@fairfaxva.gov https://teams.microsoft.com/meet/231497717348804?p=T5C53cxNaClXCR7Ki0 https://teams.microsoft.com/meet/231497717348804?p=T5C53cxNaClXCR7Ki0

PAPER OR HAND-DELIVERED BIDS WILL NOT BE ACCEPTED IN RESPONSE TO THIS SOLICITATION. ALL BIDS MUST BE SUBMITTED ELECTRONICALLY VIA THE VIRGINIA PROCUREMENT SITE WHICH CAN BE FOUND AT HTTPS://EVA.VIRGINIA.GOV. ANY ASSISTANCE SUBMITTING BIDS THROUGH THIS SYSTEM

MUST BE DIRECTED SOLEY TO EVA SUPPORT/HELPDESK.

• Your business must be eVA registered and in active status.

• Start by clicking the Register Now link on the eVA website (www.eVA.virginia.gov).

The City of Fairfax does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2- 4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in the performance of its procurement activity.

https://www.fairfaxva.gov/?splash=http%3a%2f%2fwww.eVA.virginia.gov&____isexternal=true

THIS PROJECT IS FEDERALLY FUNDED

AS SUCH, THIS PROJECT SHALL BE SUBJECT TO COMPLIANCE WITH THE FEDERAL AND VDOT

REGULATIONS CONTAINED IN THIS DOCUMENT AND ELSEWHERE. THE CITY, VDOT’S CIVIL RIGHTS DIVISION OR OFFICE OF GENERAL INSPECTOR, GENERAL AUDITING DIVISION OF FHWA WILL PERFORM AUDITS TO ENSURE COMPLIANCE WITH ALL APPLICABLE TERMS AND CONDITIONS AND GUIDELINES

CONTAINED IN THIS DOCUMENT OR ELSEWHERE.

PREQUALIFICATION REQUIRED

All prospective bidders, including all members of a joint venture, shall be prequalified with the Virginia Department of Transportation and shall have received a certification of qualification (ref. Part Two, paragraph 8).

The City of Fairfax is committed to complying with the provisions of the Americans with Disabilities Act. This document will be made available in alternate format upon request – please contact the City’s Finance Department for more information.

PART ONE - STATEMENT OF WORK

1. PROJECT BACKGROUND & INFORMATION

2. PROJECT IDENTIFICATION

3. SPECIFICATIONS

4. SITE REQUIREMENTS

5. PLANS AND SPECIFICATIONS

6. POINTS OF CONTACT

7. CONTRACT AWARD

8. QUALIFICATION OF BIDDERS

9. PERMITS AND LICENSES

10. PRICING

11. PLACE AND TIME OF PERFORMANCE

12. KEY PERSONNEL

13. CONTRACT PERIOD

14. TIME FOR COMPLETION AND LIQUIDATED DAMAGES FOR NON-COMPLETION:

15. BID SUBMISSION:

16. DISTRIBUTION OF SOLICITATION DOCUMENTS

17. ADDITIONAL INFORMATION

18. CLARIFICATION OF TERM:

19. ETHICS IN PUBLIC CONTRACTING:

20. DEBARMENT STATUS:

21. ANTITRUST:

22. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS:

23. ANNOUNCEMENT OF AWARD:

24. DEFECTIVE SOLICITATION DOCUMENTS

25. COMPETITION INTENDED

26. EXCEPTIONS

27. EXPENSES INCURRED IN PREPARING BID

28. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

29. DEBARMENT STATUS

30. NEW MATERIAL

31. INFORMALITIES

32. CITY OF FAIRFAX BUSINESS LICENSE

33. VIRGINIA CONTRACTOR LICENSE

34. SURETY REQUIRED BID SURETY:

35. FAILURE TO EXECUTE:

36. EXECUTION OFAGREEMENT

PART TWO – GENERAL CONDITIONS OF THE CONTRACT

37. PURCHASE ORDER:

38. PAYMENT:

39. UNREASONABLE CHARGES

40. PRECEDENCE OF TERMS:

41. CHANGES TO THE CONTRACT:

42. SUBCONTRACTS:

43. E‐VERIFY PROGRAM:

44. PARKING

45. PERFORMANCE SURETY:

46. FAILURE TO COMPLETE ON TIME GENERAL

47. VDOT AND/OR FEDERAL GOVERNMENT CONTRACTOR REQUIREMENTS

48. CIVILITY IN CITY WORKPLACES:

PART THREE– SPECIAL CONDITIONS OF THE CONTRACT

49. DEFINITIONS

50. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED

51. STARTING THE PROJECT

52. BEFORE STARTING WORK

53. PRECONSTRUCTION CONFERENCE

55. CONTRACT DOCUMENTS AND INTENT

56. REFERENCED STANDARDS

57. REPORTING AND RESOLVING DISCREPANCIES

58. AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS

59. REUSE OF DOCUMENTS

60. DOCUMENTS ON THE JOB SITE

61. SUBMITTALS

62. TESTS

63. MATERIALS AND EQUIPMENT LIST

64. SURVEYS AND CONTROLS

65. AS‐BUILT DRAWINGS

66. AVAILABILITY OF LANDS

67. SUBSURFACE AND PHYSICAL CONDITIONS

68. LIMITED RELIANCE BY THE CONTRACTOR ON TECHNICAL DATA AUTHORIZED

69. DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

71. UNDERGROUND FACILITIES

72. REFERENCE POINTS

73. HAZARDOUS ENVIRONMENTAL CONDITION AT SITE

74. LIMITED RELIANCE BY CONTRACTOR ON TECHNICAL DATA AUTHORIZED

75. PROGRESS SCHEDULE

76. SUBSTITUTES OR "OR‐EQUAL" ITEMS

77. SUBSTITUTE ITEMS

78. SUBCONTRACTS

79. SUBCONTRACTOR PAYMENT

80. LAWS AND REGULATIONS

81. TAXES

82. USE OF SITE AND OTHER AREAS

83. RECORD DOCUMENTS

84. SAFETY AND PROTECTION

85. DAMAGES

86. SAFETY – (CONTRACTOR’S SAFETY PROGRAM)

87. SAFETY REPRESENTATIVE

88. EMERGENCIES

89. SHOP DRAWINGS AND SAMPLES

90. CONTINUING THE WORK

91. THE CONTRACTOR’S GENERAL WARRANTY AND GUARANTEE

92. DELEGATION OF PROFESSIONAL DESIGN SERVICES

93. OBLIGATION TO MITIGATE COSTS

94. ACCESS TO RECORDS

95. RELATED WORK AT SITE

96. COMMUNICATIONS TO THE CONTRACTOR

97. FURNISH DATA AND PAY WHEN DUE

98. LANDS & EASEMENTS; REPORTS & TESTS

99. INSPECTIONS, TESTS AND APPROVALS

100. LIMITATIONS ON THE CITY’S RESPONSIBILITIES

101. CITY’S REPRESENTATIVES

102. EVIDENCE OF FINANCIAL ARRANGEMENTS

103. CITY’S REPRESENTATIVES

104. VISITS TO THE SITE

105. AUTHORIZED VARIATIONS IN WORK

106. REJECTING DEFECTIVE WORK

107. DETERMINATIONS FOR UNIT PRICES

108. PROJECT OFFICER AUTHORITY

109. LIMITATIONS ON PROJECT OFFICER’SAUTHORITY AND RESPONSIBILITIES

110. AUTHORIZED CHANGES IN THE WORK

111. UNAUTHORIZED CHANGES IN THE WORK

112. EXECUTION OF CHANGE ORDERS

113. NOTIFICATION TO SURETY

114. REQUESTS FOR PROPOSALS, PROPOSAL RESPONSES AND CHANGE ORDERS

115. COSTS INCLUDED

116. COSTS EXCLUDED

117. CONTRACTOR’S FEE

118. DOCUMENTATION

119. ALLOWANCES

120. CASH ALLOWANCES

121. CONTINGENCY ALLOWANCES

122. UNIT PRICE WORK

123. CONTRACTOR’S FEE

124. CHANGE OF CONTRACT TIME

125. DELAYS FOR PROJECTS REQUIRING CRITICAL PATH METHOD SCHEDULING

126. DELAYS FOR PROJECTS NOT REQUIRING CRITICAL PATH METHOD SCHEDULING

127. NOTICE OF DEFECTS

128. ACCESS TO WORK

129. TEST AND INSPECTION

130. UNCOVERING WORK

131. CITY MAY STOP THE WORK

132. CORRECTION OR REMOVAL OF DEFECTIVE WORK

133. CORRECTION PERIOD

134. ACCEPTANCE OF DEFECTIVE WORK

135. CITY MAY CORRECT DEFECTIVE WORK

136. SCHEDULE OF VALUES

137. PROGRESS PAYMENT

138. CONTRACTOR’S WARRANTY OF TITLE

139. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS

140. REDUCTION IN PAYMENT

141. SUBSTANTIAL COMPLETION

142. PARTIAL UTILIZATION

143. FINAL INSPECTION

144. FINAL APPLICATION FOR PAYMENT

145. REVIEW OF FINAL APPLICATION AND ACCEPTANCE

146. FINAL COMPLETION DELAYED

147. WAIVER OF CLAIMS

148. CITY MAY SUSPEND WORK:

149. CITY MAY TERMINATE FOR CAUSE

150. CITY MAY TERMINATE FOR CONVENIENCE

151. CONTRACTOR MAY STOP WORK OR TERMINATE

152. CLAIMS, COUNTER CLAIMS AND DISPUTES

153. WHEN NOTICE AND CLAIM SUBMITTAL BECOME DUE

154. REQUIREMENTS FOR CONTRACTOR CLAIMS

156. VENUE

157. GIVING NOTICE

158. COMPUTATION OF TIME

159. GENERAL

160. CUMULATIVE REMEDIES

161. SURVIVAL OF OBLIGATIONS

162. CONTROLLING LAW ANTITRUST

163. HEADINGS

164. LIEN

165. OSHA REQUIREMENTS

PART FOUR – CITY OF FAIRFAX INSURANCE REQUIREMENTS

166. VA 20260116 WAGE RATES……………………………………………………………………………………………………………..…………58

167. FHWA 1273 ……………………………………………………………………………………………………………………………………………….62

168. BID TABLE (USE SEPARATE EXCEL BID TABLE FOR SUBMISSION

IFB 114424

PART ONE STATEMENT OF WORK

1. PROJECT BACKGROUND & INFORMATION

The City of Fairfax is accepting bids for the construction of University Drive Bicycle Lanes from South Street to Kenmore Drive (UPC 121556).

This project is for the design of bicycle and pedestrian improvements along University Drive. Pavement markings will be eradicated and the surface will be microsurfaced and restriped to add on-road bike lanes between Layton Hall Drive and North Street and sharrows between North Street and South Street. Pedestrian facilities at the University Drive and Layton Hall Drive intersection will include ADA-compliant curb ramps and curb modifications with a pedestrian crossing on the south leg of the University Drive. University Drive Bicycle Lanes is federally funded through the Transportation Alternatives Program (TAP) and has been developed in accordance with the Virginia Department of Transportation (VDOT) policies and procedures, Federal Highway Administration (FHWA guidelines, and VDOT’s Local Assistance Program (LAP).

This is a federally funded project subject to compliance with all applicable federal, state and City terms and conditions.

2. PROJECT IDENTIFICATION

A. Project Title: University Drive Bicycle Facilities from South Street to Kenmore Drive

B. State Project No: EN22-151-221

C. Federal Project No: TAP-5B01(338)

D. UPC: 121556

3. SPECIFICATIONS

All work shall conform to the latest editions of the Virginia Department of Transportation (VDOT) Standards & Specifications, VDOT Work Area Protection Manual, FHWA Manual on Uniform Traffic Control Devices (MUTCD), Virginia Erosion and Sediment Control Handbook & Regulations, in effect on the bid date, as applicable.

Green pavement markings shall be performed in accordance with the Green Bike Lane Colored Pavement special provision for this project.

All other work will be performed in accordance with the Standards and Specifications of the authority having jurisdiction.

4. SITE REQUIREMENTS

a. The contractor shall maintain access to all adjacent properties for the duration of the project.

b. The contractor shall take all necessary precautions to avoid damage to existing trees not scheduled for removal.

5. PLANS AND SPECIFICATIONS

a. All work shall be performed according to the City of Fairfax and the Virginia Department of Transportation standards and specifications, most recent addition.

b. All work shall be performed in accordance with applicable federal, state and City requirements. To resolve conflict between state, local, and federal code. The federal-aid or most conservative approach must be taken.

c. The approved drawings for this project were prepared by Kimley-Horn and dated January 8, 2026. Please refer to the index sheet for a list of drawings.

6. POINTS OF CONTACT

During the performance of the project, the main point of contact is the project manager. Unless otherwise authorized, the contractor shall not contact the A&E of Record or other representatives for any matter.

Project Team Department of Public Works Engineer of Record Sunny Sarna, PE Megan Waring, PE

7. CONTRACT AWARD

An award will be made to the lowest responsive and responsible bidder based on the Construction Total. (See Appendix A, Award or Rejection of Bids, para. 18).

8. QUALIFICATION OF BIDDERS

All prospective bidders, including all members of a joint venture, shall be prequalified with the Virginia Department of Transportation and shall have received a certification of qualification in accordance with the Rules Governing Prequalification Privileges prior to bidding. All subcontractors shall be prequalified prior to performing any Work on the Contract.

A resume of the bidder’s proposed 1) project manager and 2) superintendent who will be directly involved in the execution of the project showing experience on at least three (3) projects of similar scope and size for which the individual had responsibilities either with the bidder or with another company, and which have been completed within the past five (5) years. Include location, cost, date completed, owner’s name and address for each project. Resumes are required for both positions.

A list of subcontractors must be provided with the bid submission.

9. PERMITS AND LICENSES

Unless otherwise provided in the Contract Documents, the City shall obtain and pay for the building permits and fees. The Contractor shall meet all requirements of the building permits and fees. Unless otherwise provided in the Contract Documents, the Contractor shall obtain and pay for all other construction permits, fees and licenses, and the Contractor shall meet all requirements of those permits, fees, and licenses. The City may assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the performance of the Work, which are applicable at the time of Bid opening, or, if there are no Bids, on the Effective Date of the Agreement the City shall pay all charges for utility connections and for providing permanent utility service to the Work. The contractor shall not include the cost of the building permit and fee in the bid price.

10. PRICING

The unit prices established in the Bid Quotation Sheet shall be applied to changes in the Work as additions or deletions, except as provided for in the bid documents.

11. PLACE AND TIME OF PERFORMANCE

a. The project will be performed at University Drive from South Street to Kenmore Drive.

b. No work shall take place on Sundays or holidays unless pre-approved in writing by the Director of Public

Works.

c. Special Work Hours and Scheduling

1. Nighttime Operations: The Bidder is advised that all micro-surfacing operations under this contract shall be performed exclusively during nighttime hours, defined as 9:00 PM to 5:00 AM.

The Contractor shall be responsible for providing all necessary lighting, safety equipment, and traffic control measures required for night work in accordance with Local, VDOT standards.

2. Operational Window: All re-striping in high-traffic areas, including but not limited to the intersection with North Street and Main Street, must be completed within the 9:00 PM to 5:00 AM window to ensure the roadway is fully marked and operational for the morning commute.

3. Bidders must account for all costs associated with nighttime premiums, specialized lighting, and expedited striping sequences in their unit price bids.

4. Permits: The Contractor shall obtain any necessary Noise Variance Permits from the City for work occurring between 9:00 PM and 5:00 AM.

d. All other Work in active City streets shall be from 9:30 AM to 3:00 PM Monday-Thursday and 9:30 AM to 2:00 PM on Fridays unless otherwise directed by the City, no work shall take place in City streets on weekends or holidays unless pre-approved in writing by the Director of Public Works.

e. The contractor shall be responsible for securing pre-approval for staging, storing or parking materials and/or equipment on any property beyond project limits. Approval for such activities on City or private property shall be documented in writing and a copy provided to the City prior to utilizing the area.

f. The Contractor shall abide by all plan directives indicating restrictions to work access, staging, timing, or other aspects of work to be performed.

g. Work may be required beyond the limits of right of way and easements secured for this project based on Contractor means and methods, however, the Contractor shall be responsible for coordination with property owner(s) as required to minimize the scope of work outside of existing easements and to eliminate disruptions to residential areas. Aside from the conditions explicitly mentioned above, the Contractor shall not enter, utilize, or disturb any areas outside of temporary and permanent easements as shown on the plans.

12. KEY PERSONNEL

The contractor shall submit a list of key personnel that will be assigned to the project. The list shall include the following:

1. Name of Individual

2. Company Title/Position

3. Contact Numbers – Office and Mobile

4. E-Mail Address

13. CONTRACT PERIOD

The period of this contract shall be from the date of award and subsequent issuance of Full Notice to Proceed and shall be in effect until work is completed and accepted by the City. The Contractor shall achieve substantial completion of all work within 180 calendar days from full Notice to Proceed and achieve final completion and acceptance within 210 days from full Notice to Proceed.

14. TIME FOR COMPLETION AND LIQUIDATED DAMAGES FOR NON-COMPLETION:

a. The time for completion of this Contract and assessment of liquidated damages is as prescribed in the Contract Period section of this IFB.

b. Liquidated damages shall be assessed at $600 per day for each calendar day beyond the contract time limit during which the contract remains in an incomplete state.

15. BID SUBMISSION:

Sealed Bids shall be received and time stamped online through the eVA website, no later than the bid closing date and time on the Cover Page (“Bid Closing”) and will be publicly posted, following the Bid Closing. Bidders are responsible for ensuring its submission prior to Bid Closing. The time a Bid is received shall be determined by the time stamp on the Bid receipt by the time clock on the eVA Sourcing and Contracting website. The City of Fairfax is not responsible for any technical difficulties which may result in the Bidders response not uploading in time, or any responses that are not properly uploaded. The City will not receive any bids in person. Paper bids will not be accepted. Any paper bids received will be not be considered and will be returned, unopened, to the bidder. Bids received after the Bid Closing shall not be considered.

16. DISTRIBUTION OF SOLICITATION DOCUMENTS

The distribution of this solicitation, all addenda, and responses to questions will be by posting on the City of Fairfax, Virginia’s (the “City”) website Fairfax City Current Solicitations, and the Commonwealth of Virginia’s website eVA - Virginia's eProcurement Marketplace. The date and time of posting on the Virginia Business Opportunities (VBO) website shall be the date and time of the official issuance or notification of the solicitation or any modification to the solicitation process. It is the responsibility of each bidder to check the VBO website daily for posted notifications. The City will not consider modification of any date, time frame, or addendum due to late receipt of notification based on subsequent advertisements or posting at any location other than the VBO website.

17. ADDITIONAL INFORMATION

All questions relating to this solicitation shall be submitted via email to the Contract Administrator named on the Cover Page. Bidders should cite the IFB number on the email. Questions should be succinct and must include the submitter’s name, title, company name, company address, and telephone number. Prior to the award of a contract resulting from this solicitation, bidders are prohibited from contacting City staff other than the City’s Procurement Manager. Any material question or interpretation of a requirement or specification, as determined by the City’s Procurement Manager, will be posted on the eVA as an addendum no later than ten

(10) days prior to the due date of bids. Only answers in writing by the City’s Procurement Manager to questions will have any force or effect.

NO QUESTIONS WILL BE CONSIDERED IF SUBMITTED WITHIN FEWER THAN TEN (10) DAYS PRIOR TO THE DUE

DATE OF BIDS.

18. CLARIFICATION OF TERM:

If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the Purchasing agent whose name appears on the face of the solicitation no later than ten working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the Purchasing Agent.

19. ETHICS IN PUBLIC CONTRACTING:

By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

20. DEBARMENT STATUS:

https://www.fairfaxva.gov/government/procurement-services/current-solicitations https://eva.virginia.gov/index.html

By participating in this procurement, the vendor certifies that they are not currently debarred by the City of Fairfax from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the City of Fairfax.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non- debarred vendor will be debarred for the same time period as the debarred vendor.

21. ANTITRUST:

By entering into a contract, the contractor conveys, sells, assigns, and transfers to the City of Fairfax all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

22. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS:

Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid;

however, the City reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the City may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

23. ANTI‐DISCRIMINATION:

By submitting their bids, bidders certify to the City 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).

1. During the performance of this contract, 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 any 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.

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.

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.

d. The requirements of these provisions 1. and 2. are a material part of the contract. If the

Contractor violates one of these provisions, the City may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment regardless of whether the specific contract is terminated.

The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

24. ANNOUNCEMENT OF AWARD:

Upon the award or the announcement of the decision to award a contract as a result of this solicitation, the City will publicly post such notice on the Virginia Business Opportunities website (www.eva.virginia.gov).

25. DEFECTIVE SOLICITATION DOCUMENTS

Each bidder is responsible for having determined the accuracy and/or completeness of the solicitation documents upon which it relied in making its bid, and has an affirmative obligation to notify the City’s Purchasing Agent immediately upon discovery of an apparent or suspected inaccuracy, error in, or omission of any pages, drawings, sections, addenda whose omission from the documents was apparent from a reference or page numbering or other indication in the solicitation documents.

If the successful bidder proceeds with any activity that may be defective due to an inaccuracy, error in, or omission in the solicitation documents of which the bidder is aware but has not notified the City’s Purchasing Agent, the bidder hereby agrees to perform any Work described in such missing or incomplete documents at the bidder’s sole expense and at no additional cost to the City.

Failure to acknowledge all addenda issued during the solicitation process on the Receipt of Addenda form may cause the bid to be deemed incomplete.

26. COMPETITION INTENDED

It is the City’s intent that this IFB permit and promote competition. It shall be the bidder’s responsibility to advise the City’s procurement officer, in writing, if any language, requirements or specifications have the effect of restricting or limiting the purchase to a single source. Such notification must be submitted no later than ten

(10) calendar days prior to the due date for bids. A review of such notifications will be made and the bidder notified of the results of the review. All qualified bidders are encouraged to submit bids.

27. EXCEPTIONS

Bidders taking exception to any part or section or term of this solicitation, including, by way of illustration and not limitation, the Specifications, the Special Conditions, and any attachments or references hereto or thereto, shall indicate such exceptions on the Bid Submission Form. Failure to indicate any exceptions shall be interpreted as the bidder’s intent to fully comply with the solicitation as written. However, conditional or qualified bids with such exceptions, unless specifically allowed in this solicitation, are subject to rejection in whole or in part as nonresponsive.

28. EXPENSES INCURRED IN PREPARING BID

The City accepts no responsibility for any expense incurred by any bidder in the preparation and presentation of a bid. All expenses related to a bid are the sole responsibility of the bidder.

29. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

Each bidder acknowledges by submitting a bid that it has taken steps reasonably necessary to ascertain the nature and locations of the Work of the solicitation, and that it has investigated and satisfied itself as to the general and local conditions and factors which can affect the Work or its cost, including but not limited to:

• Conditions bearing upon transportation, disposal, handling, and storage of materials; The availability of labor, water, electric power, and roads;

• Uncertainties of weather, floods, or similar physical conditions at the site; The conformation and conditions of the ground; and

• The character of equipment and facilities needed before and during work performance.

Each bidder also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work publicly or otherwise available, as well as from the drawings and specifications made a part of this solicitation. Any failure of a bidder to take the actions described and acknowledged in this paragraph will not relieve the bidder from responsibility for estimating properly the difficulty and cost of successfully performing the Work without additional expense to the City.

The locations of existing utilities, including underground utilities, which may affect the Work, are indicated on the drawings or in the specifications insofar as their existence and location were known at the time of preparation of the drawings. However, nothing in these drawings or specifications shall be construed as a guarantee that such utilities are in the location indicated or that they actually exist, or that other utilities are not within the area of operations. The bidder shall make all necessary investigations to determine the existence and locations of such utilities. The bidder will be held responsible for any damage to and maintenance and protection of existing utilities and structures, of both public and private ownership. However, if it is determined that such existing utility lines or structures require relocation or reconstruction or any other Work beyond normal protection or as called for in the Contract Documents, then such additional Work will be ordered under the terms of the clause entitled “Changes in Work.”

The City assumes no responsibility for any conclusions or interpretations made by the bidder based on the information made available by the City. The City assumes no responsibility for any understanding reached or representation made concerning conditions which can affect the Work by any of its officers or agents before the execution of the contract, unless that understanding or representation is expressly stated in the Contract.

30. DEBARMENT STATUS

The bidder shall indicate, in the space provided on the Bid Submission Form, whether or not it, or any of its principals, is/are currently debarred from submitting bids to the City or any other state or political subdivision, and whether or not it is an agent of any person or entity that is currently debarred from submitting bids to the City, or any other state or political subdivision. An affirmative response may be considered grounds for rejection of the bid.

31. NEW MATERIAL

Unless otherwise provided for in this solicitation, the bidder represents and warrants that the goods, materials, supplies, or components offered to the City under this solicitation and any resulting contract are new, not used or reconditioned, and are not of such age or deterioration as to impair their usefulness or safety, and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer.

If the bidder believes that furnishing used or reconditioned goods, materials, supplies or components will be in the City's interest, the bidder shall notify the City in writing no later than ten (10) business days prior to the date set for the opening of bids. The notice shall include the reasons for the request and any benefits which may accrue to the City if the City authorizes the bidding of used or reconditioned goods, materials, supplies or components.

32. INFORMALITIES

The City reserves the right to waive minor defects or variations from the exact requirements of the solicitation in a bid insofar as those defects or variations do not affect the price, quality, quantity, or delivery schedule of the goods, services and/or construction being procured. If insufficient information is submitted for the City to properly evaluate the bid by a bidder, the City reserves the right to require such additional information as it may deem necessary after the bid opening time and date, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured.

33. CITY OF FAIRFAX BUSINESS LICENSE

Awarded Bidders must comply with the City’s business license requirements, if applicable. For information on the applicability of this requirement, contact the City’s Commissioner of the Revenue’s office, Suite 234, 10455 Armstrong Street, Fairfax, Virginia 22030; telephone number (703) 385-7905.

34. VIRGINIA CONTRACTOR LICENSE

For all Work that is classified as being performed by "Contractors" as defined by the Virginia State Board for Contractors, a Class A, B, or C License is required. This shall not be a condition for submitting a bid but shall be required prior to an award of contract pursuant to the provisions of this section.

Prior to award of contract for performing or managing construction, removal, repair or improvements is for $120,000 or more, or if the total value of all such construction, removal, repair, or improvements undertaken by the bidder within any twelve (12) month period is $750,000 or more, the bidder is required under Title 54.1, Chapter 11, Code of Virginia, as amended, to be licensed as a "CLASS A CONTRACTOR."

For further information, contact: the Virginia Board for Contractors, 9960 Mayland Drive Richmond VA 23233;

(804) 367-8500.

35. SURETY REQUIRED BID SURETY:

A fully completed and properly executed original Bid Bond, cashier's check, certified check, money order, or cash escrow in the amount of five percent (5%) of the amount of the bid made payable to the Treasurer of the City shall accompany each bid. The Bid Surety of all bidders may be retained until after the award to the successful bidder is made. The Bid Surety of the successful bidder shall be retained until completion of the Contract or the posting of a Performance Bond, whichever occurs sooner. A bid submitted without a bid surety, or with a bid surety in an amount less than the required amount, shall be rejected. The attached form shall be utilized for submission of bid bonds.

36. FAILURE TO EXECUTE:

The failure to accept an award and file acceptable Performance and Payment Bonds within fifteen (15) days after notice of award shall be just cause for cancellation of the award and the forfeiture of the Bid Surety to the City as liquidated damages. Award may then be made to the next lowest responsive and responsible bidder.

37. EXECUTION OFAGREEMENT

Within fifteen (15) calendar days after the Agreement forms are presented by the City to the successful Bidder for signature, the Contractor shall deliver to the City Purchasing Agent the executed Agreement. Within the same fifteen (15) day period, the Contractor shall deliver to the City Purchasing Agent executed performance and payment bonds, if such are required in the solicitation, and the required certificate(s) of insurance. Failure by the Contractor to execute the Agreement and to supply any required bonds and certificates within the stipulated fifteen (15) day period, or within such extended period as the City Purchasing Agent may grant, shall constitute a material default, and the City may then, without further notice, award the Contract to the next lowest responsive and responsible bidder or, in the City’s discretion, solicit new bids. The City may then charge the Contractor’s bond for the difference between the amount of the Contract award and the amount for which a Contract is subsequently executed, up to the total amount of the Contractor's bid security.

PART TWO – GENERAL CONDITIONS OF THE CONTRACT

38. PURCHASE ORDER:

To be valid, a purchase order issued under this Contract must be issued during the term of the Contract. The period specified for performance of the purchase order may extend past the term of the Contract. If a notice terminating this Contract is issued, the notice shall be construed as applying only to the Contract and not to any existing purchase order, unless the notice expressly states the intent to terminate the purchase order.

39. PAYMENT:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the contract number and/or purchase order number.

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. Invoices shall be submitted to:

City of Fairfax – Accounts Payable or accountspayable@fairfaxva.gov 10455 Armstrong Street, Suite 312 Fairfax, VA 22030

40. UNREASONABLE CHARGES.

Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance the Fairfax City Purchasing Resolution.

41. PRECEDENCE OF TERMS:

The Contract Documents shall be accorded the following order of precedence unless specifically changed elsewhere in these specifications:

Change Orders Contract General Conditions of the Contract Special Provisions of the Contract Technical Specifications Drawings Supplementary Drawings Invitation for Bid (including Appendix A and addenda)

42. CHANGES TO THE CONTRACT:

The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

mailto:accountspayable@fairfaxva.gov

43. SUBCONTRACTS:

No portion of the work shall be subcontracted without prior written consent of the City. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the City the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

44. E‐VERIFY PROGRAM:

Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in the E- Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with the city for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program.

45. PARKING

A contractor is responsible for the payment of any parking charges or fines resulting from illegal parking at any worksite(s) or elsewhere. Unless otherwise expressly permitted in writing by the City, no parking of contractor vehicles shall be permitted in any City lot or facility.

46. PERFORMANCE SURETY:

The awardee shall submit a fully completed and properly executed original Performance Bond in the amount of 100% of the Contract Amount using the form provided by the City for this purpose. The bond shall be a corporate surety bond issued by a surety company authorized to do business in the Commonwealth of Virginia and acceptable to the City. The Performance Bond shall be renewable annually in the original amount through completion of the Contract, including expiration of all warranty and guarantee periods.

PAYMENT BOND:

The awardee shall submit a fully completed and properly executed original Payment Bond in the amount of 100% of the Contract Amount using the form provided by the City for this purpose. The bond shall be for the protection of all persons who have and fulfill contracts for the Contractor for performing labor, providing equipment, or providing material in the performance of the Work provided for in the Contract. The Bond shall be a corporate surety bond issued by a surety company authorized to do business in the Commonwealth of Virginia and acceptable to the City. The Payment Bond shall be renewable annually in the original amount for the duration of the Contract Term.

ALTERNATE SURETY:

If approved by the City Attorney, a bidder may furnish a personal bond, property bond, or bank or savings and loan association's letter of credit on certain designated funds in the face amount required for the bid bond, payment bond or performance bond. Approval shall be granted only upon a determination by the City that the alternative form of security proffered affords protection to the City equivalent to a corporate surety's bond.

47. FAILURE TO COMPLETE ON TIME GENERAL

For each calendar day that any work remains incomplete after the Contract time limit specified for the completion of the work, the City will assess liquidated damages against the Contractor. Liquidated damages will be assessed at the rate applicable to the Contract as specified below. Liquidated damages will be deducted from any monies due the Contractor for each calendar day of additional time consumed until final completion and acceptance of the Work, not as a penalty, but as liquidated damages. The Contractor waives any defense as to the validity of any liquidated damages stated in the Contract or these Specifications and assessed by the City against the Contractor on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

Liquidated Damages The following Schedule of Liquidated Damages, representing the cost of administration, engineering, supervision, inspection and other expenses, will be charged against the Contractor for each calendar day beyond the Contract time limit that the Contract remains in an incomplete state:

Daily Charge: $ 600

48. VDOT AND/OR FEDERAL GOVERNMENT CONTRACTOR REQUIREMENTS

Any purchase order, task(s) or task order under any contract resulting from this IFB funded in whole or in part by the Virginia Department of Transportation (VDOT) or any other State or Federal Government funding source, the Bidder shall comply with supplemental terms and conditions. The City reserves the right to amend the contract, as is permitted, for inclusion of such terms, conditions and provisions.

For each purchase order, task or task order issued under the contract funded by VDOT or Federal Government sources, the City shall notify Bidder of the funding source and the Bidder shall comply with the associated requirements.

Necessary specifications, provisions and clauses in Federal and/or VDOT documents, including but not limited to the most current versions of the Virginia Department of Transportation Road and Bridge Specifications, Virginia Department of Transportation Road and Bridge Standards, and the Virginia Work Area Protection Manual are incorporated herein by reference and made a part hereof.

If any task issued by the City is funded by grant monies, the Bidder and the City shall adhere to terms and conditions specified in individual grant agreements.

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200).

The City and its consultants/contractors must agree to compliance with all applicable federal regulations, recognizing that (1) these funds are subject to applicable statutory provisions and regulations; and (2) grant awards are subject to the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR200).

49. CIVILITY IN CITY WORKPLACES:

The contractor shall take all reasonable steps to ensure that no individual, while performing work on behalf of the contractor or any subcontractor in connection with this agreement (each, a “Contract Worker”), shall engage in 1) harassment (including sexual harassment), bullying, cyber-bullying, or threatening or violent conduct, or

2) discriminatory behavior on the basis of race, sex, color, national origin, religious belief, sexual orientation, gender identity or expression, age, political affiliation, veteran status, or disability.

The contractor shall provide each Contract Worker with a copy of this Section and will require Contract Workers to participate in agency training on civility in the City workplace if contractor’s (and any subcontractor’s) regular mandatory training programs do not already encompass equivalent or greater expectations. Upon request, the contractor shall provide documentation that each Contract Worker has received such training.

For purposes of this Section, “City workplace” includes any location, permanent or temporary, where a City employee performs any work-related duty or is representing his or her agency, as well as surrounding perimeters, parking lots, outside meeting locations, and means of travel to and from these locations. Communications are deemed to occur in a City workplace if the Contract Worker reasonably should know that the phone number, email, or other method of communication is associated with a State workplace or is associated with a person who is a City employee.

The City of Fairfax may require, at its sole discretion, the removal and replacement of any Contract Worker who the City reasonably believes to have violated this Section.

This Section creates obligations solely on the part of the contractor. Employees or other third parties may benefit incidentally from this Section and from training materials or other communications distributed on this topic , but the Parties to this agreement intend this Section to be enforceable solely by the City and not by employees or other third parties.

PART THREE– SPECIAL CONDITIONS OF THE CONTRACT

50. DEFINITIONS

The Definitions, Abbreviations, Acronyms and Terms as presented in Section 101 of the 2020 VDOT Road and Bridge Specifications and 2022 VDOT Road and Bridge Specifications Update are incorporated by reference. The following is a summary of Acronyms and Definitions as noted within this document.

A. A&E of Record: Architect or Engineer of Record for the project.

B. Agency: Refers to the City of Fairfax and other representative departments responsible for the oversight of the proposed project.

C. COR: Change Order Request.

D. City’s Representative: Designated party that has been delegated authority to conduct inspections, monitor and / or perform testing and report to the City all and any issues of significance.

E. PM: City Project Manager or designated authority.

F. Project Closeout: Term utilized to describe certain collective project requirements, signifying completion of the work that is to be fulfilled to achieve contract completion in preparation for final payments to the respective parties.

G. Third Party: Designated as a company, firm, or special inspections service provider that is under a contractual agreement with the City of Fairfax, to perform professional and/or non-professional services for the project.

51. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED

See paragraph 13.

52. STARTING THE PROJECT

The Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the site prior to that date.

53. BEFORE STARTING WORK

Within fourteen (14) days after the Effective Date of the Agreement, in the formats specified in the General Requirements, the Contractor shall submit to the Project Officer the following:

A preliminary Progress Schedule indicating the starting and completion dates of the various stages of the Work, including any Milestones specified in the Contract Documents;

A preliminary Schedule of Submittals

A preliminary Schedule of Values for all of the Work which includes quantities and prices of items which, when added together, equal the Contract Price, and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount for overhead and profit applicable to each item of Work. The schedule of values shall be consistent with the itemized breakdown of the Total Bid and with the provisions of the General Requirements.

54. PRECONSTRUCTION CONFERENCE

Before the Contractor starts the Work at the site, a conference attended by the Project Officer, Contractor and others as appropriate will be held to discuss:

The schedules referred to in the paragraph above;

The procedures for handling Shop Drawings and other submittals and for processing Applications for Payment and maintaining required records;

Review of the Contractor’s project organization and the qualifications of the Contractor’s resident Project Manager and the qualifications of similar authorized representatives for proposed Subcontractors; and, Discussion of the Contractor’s plans for complying with the City’s required Health and Safety program and quality control program, and to establish a working…