IMPORTANT NOTICE

THIS IS AN ELECTRONIC PROCUREMENT (eBID)

SUBMISSIONS WILL ONLY BE ACCEPTED ELECTRONICALLY VIA THE

BONFIRE PORTAL (https://fairfaxcounty.bonfirehub.com)

Fairfax County Government uses a procurement portal powered by Bonfire Interactive for accepting and evaluating bids. To register, visit https://fairfaxcounty.bonfirehub.com. Additional assistance is also available at support.bonfire@eunasolutions.com.

Submitting bids via the Bonfire portal is mandatory. Fairfax County will not accept bids submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (e-mail) in response to this IFB. Reference section titled “SUBMISSION OF BIDS” in the Special Provisions.

Fairfax County strongly encourages bidders to submit bids well in advance of the bid submission deadline. A bid submission is not considered successful unless all necessary files have been uploaded and the ‘Submit & Finalize’ step has been completed. Bidders are responsible for the consequences of any failure to plan ahead in the submission of its bid.

https://fairfaxcounty.bonfirehub.com/ https://fairfaxcounty.bonfirehub.com/ mailto:support.bonfire@eunasolutions.com

IFB 2000004310

1. PURPOSE AND INTENT:

1.1. The purpose and intent of this solicitation is to obtain sealed competitive bids to furnish all labor, materials, tools, and equipment, for the removal and replacement of three underground fuel storage tanks (“UST”), in accordance with all terms, conditions, and specifications contained herein. Bidders must bid on all sites to be considered for award.

1.1.1. Site 1: Fairfax County Department of Vehicle Services (DVS)

Maintenance Facility fuel site located at 3609 Jermantown Road, Fairfax, VA 22030 (ref. Site 1 Technical Specifications pp 24-29)

1.1.2. Site 2: Fairfax County Department of Public Works and

Environmental Services, Solid Waste Facility fuel site located at 9850 Furnace Road, Lorton, VA 22079 (ref. Site 2 Technical Specifications pp 30-35)

1.1.3. Site 3: Fairfax County Police Department Training Track fuel site located at 3725 Stonecroft Boulevard, Chantilly, VA 20151 (ref. Site 3 pp 36-41)

1.2. Bidders are required to include the following with their bid. Failure to provide these items may result in the rejection of their bid.

• Vendors Legal Authorized Signature (DPMM30 cover sheet)

• State of Virginia’s Contractor’s License Number (Ref. Special Provisions, paragraph 7)

• Pricing Schedule

• Time for Completion (Ref. Special Provisions, paragraph 4)

• List of Safety Violations (Ref. Special Provisions, paragraph 6)

• References: List three (3) references for which you have performed similar contract work, within the past two (2) years (Pricing Schedule)

2. MANDATORY SITE INSPECTION:

2.1. Each bidder is expected to check all dimensions of the site and to be familiar with and take into consideration site conditions that may affect the work.

2.2. Each bidder shall thoroughly acquaint themselves with the character and nature of the work to be done. Each bidder shall carefully examine the site of the work and fully inform themselves of difficulties that may be encountered in performance of the work, the facilities for delivering, storing and placing materials and equipment and other conditions relating to construction and labor.

2.3. Each bidder shall examine the premises and the site and compare them with any applicable drawings and specifications. Each bidder shall familiarize themselves with the existing conditions such as obstructive area levels and potential problems related to erecting the required systems.

2.4. No plea of ignorance of conditions that exist on the site of the work, or difficulties that may be encountered in the execution of the work, as a result of failure to make necessary investigations and examinations, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the contract documents and to complete the work, or as a basis for any claim.

2.5. The Contractor shall not cause interruption of or interference with the work of any other Contractor or County personnel at the site.

2.6. Bidders may request for a site visit via email to Jaime Martinez (Jaime.Martinez@fairfaxcounty.gov) during March 16 through March 20, 2026, normal business hours Monday through Friday (8:00 AM – 4:30 PM). Note: No site visits on Saturdays and Sundays.

2.7. Prospective bidders are required to visit all three sites to see the existing layouts, understand the area, and determine how to stage work. Attendance will be recorded.

3. PRE-BID CONFERENCE:

3.1. An optional pre-bid conference will be held at 3609 Jermantown Road, Fairfax, VA 22030 on March 17, 2026, at 9:00 AM. Bidders wishing to participate will need come to the address above to attend the pre-bid conference.

3.2. The purpose of the pre-bid conference is to give potential bidders an opportunity to ask questions and to obtain clarification about any aspect of this IFB. Bidders may submit any questions pertaining to the IFB, in writing to dpmmteam1@fairfaxcounty.gov.

4. COMMENCEMENT AND COMPLETION OF WORK:

4.1. The County shall issue a notice to proceed date. The Contractor shall initiate work within twenty (20) calendar days after notice to proceed date. A written notification to commence work will be provided to the County a minimum of ten (10) working days in advance.

4.2. Any work scheduled for weekends/holidays will be arranged 48 hours in advance.

4.3. Bidder(s) are to provide a completion time for the project after notification to proceed date has been issued. The completion time must be stated IN CALENDAR DAYS in the appropriate spaces of the Pricing Schedule (Site 1, Site 2, and Site 3). Indefinite terms such as “promptly,” “without delay,” etc., will not be given consideration.

FAILURE TO INDICATE COMPLETION TIME MAY BE CAUSE FOR REJECTION OF

THE BID.

5. EQUAL PRODUCTS AND SUBSTITUTIONS:

5.1. Unless otherwise provided in the contract documents the naming of a certain brand, make or manufacturer or article, devices, product, material, fixture, form or type construction by name, make or catalog number, shall convey the general style, type, character and standard of quality of the desired article and shall not be construed as limiting competition. Bidders may offer any article, device, product, material, fixture, form or type of construction which in the judgment of the County is equal to that specified considering quality, workmanship, economy of operation, suitability for the purpose intended, and acceptability for use on the project. Approval by the County prior to bid opening will be in the form of an addendum to the specifications issued to all prospective bidders indicating that the additional makes or brands are equivalent to those specified.

5.2. Substitutions Prior to Bid Opening:

mailto:Jaime.Martinez@fairfaxcounty.gov mailto:dpmmteam1@fairfaxcounty.gov

5.2.1. To obtain approval on makes or brands of material other than those specified in contract documents, the Bidder shall submit his/her requests with adequate supporting technical data, as required below, to the County not less than ten (10) calendar days before the bid opening.

5.2.2. The Bidder’s request for approval of any substitution shall include:

A. Complete data substantiating compliance with the proposed substitution with the Contract Documents, B. Product identification, including manufacturer's name, address and phone number, C. Manufacturer's literature showing complete product description, performance and test data, and all reference standards, D. Samples and colors in the case of articles or products, E. Name and address of similar projects on which the product was used and date of installation, F. For construction methods, include a detailed description for proposed method and drawings illustrating same, and G. Itemized comparison of proposed substitution with product or method specified.

5.2.3. The bidder's request for approval, prior to bid, shall also include a certification form, notarized, and entitled "Bidder's Request for Equal

Product or Substitution and Bidder's Representations". If approved by an addendum, the form shall be resubmitted by the bidder (and all other bidders that desire to use the product or substitution) in the bid package.

5.3. The County’s decision to approve substitutions is final. In the event an approved substitution is later determined by the County to be unacceptable for any reason, including the necessity to perform extensive redesign or rework of the project in order to accommodate the substitution, or if it becomes apparent to County that the substituted item will not perform or function as well as the specified item, the bidder will be required to furnish the original specified item or request approval to use another substitution. The bidder will pay all costs, expenses or damages associated with or related to the unacceptability of a substitution and the resultant utilization of another item. A time extension will not be granted due to delays associated with or related to the unacceptability of a substitution.

5.4. If a substitution is approved, no change in brand or make will be permitted unless satisfactory written evidence is presented to and approved by the County that the manufacturer cannot make scheduled delivery of the approved substitute item.

5.5. The Contractor may request approval for substitutions after award of the contract in accordance with the provision of this paragraph.

5.6. Substitutions will not be considered for approval by the County before or after award of the Contract if:

5.6.1. The proposed substitution has not been formally submitted for approval by the bidder in accordance with the above-mentioned requirements regardless of whether it is indicated or implied on shop drawings.

5.6.2. Acceptance of the proposed substitution will require substantial design revisions to the contract documents or is otherwise not acceptable to the

County.

5.7. Bidders, other than the bidder who requested a particular substitution, that choose to utilize that substitution, as approved by addendum, shall comply with the submittal requirements of this paragraph. All provisions regarding the use of substitutions shall apply to all bidders who choose to utilize said substitution.

6. FAIRFAX COUNTY CONSTRUCTION SAFETY RESOLUTION:

6.1. It shall be required that each bid submitted to the County for a contract for construction, alteration, and/or repairs, including painting or decorating of a building, highway, street, bridge, sidewalk, culvert, sewer, excavation, grading, or any other construction, include a list of all the following actions which have become final in the three years prior to the bid submission:

6.1.1. Willful violations, violations for failure to abate, or repeated violations, for which the bidder was cited by (a) the United States Occupational Safety and Health Administration; (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan for any other public jurisdiction; or

6.1.2. Three (3) or more serious construction safety violations for which the bidder was cited by the (a) United States Occupational Safety and Health Administration; or (b) the Virginia Occupational Safety and Health Administration; or (c) the occupational safety and health plan from any other public jurisdiction.

6.1.3. Termination of a contract between the contractor and any public entity by their purchasing agent or his designee for safety violations.

6.2. If the bidder has not received or been the subject of any such violations referenced in paragraph 6.1 in the three (3) years prior to the bid submission, then the bidder shall so indicate by certification on the bid form entitled Certification of Safety Violations.

The bidder will also indicate on this form each state in which work was performed in the three (3) years prior to the bid submission.

6.3. No bidder or contractor may bid on a County construction contract who has been the subject of any citations for the type and number of violations listed in aforementioned paragraph 6.1, which have become final within the three (3) years prior to the bid submission.

6.3.1. Notwithstanding the language of paragraph 6.3, above, any bidder or contractor who has been the subject of a violation, as described in paragraph 6.1.1, which has become final in the three (3) years prior to the bid submission, may bid, if the bidder or contractor meets the eligibility criteria set forth in paragraph 6.5, below.

6.3.2. Notwithstanding the language of paragraph 6.3, above, any bidder or contractor who has been the subject of the type and number of violations as described in paragraph 6.1.2, which have become final within three (3) years prior to bid submission, may bid, if the bidder or contractor meets the eligibility criteria in paragraph 6.5, below.

6.3.3. Notwithstanding the language of paragraph 6.3, above, any bidder or contractor who has previously been terminated from a public contract, as described in paragraph 6.1.3, within three (3) years prior to the bid submission, may bid, if the bidder or contractor meets the eligibility criteria in paragraph 6.5, below.

6.4. Prior to bidding on a project, under the provisions of paragraph 6.3 above, a contractor may request that a determination be made by the County's Purchasing Agent or designee, regarding their eligibility to submit a bid on a contract under the terms of this resolution. However, this request for determination and any subsequent adjudication process must be completed prior to submitting a bid on any project and the request for determination must be received by the County's Purchasing Agent or designee no later than twenty-one (21) days before bids are due unless otherwise stated in the Solicitation. A notice of the bidder’s request for determination of eligibility will be posted publicly for comments by any interested party. The bidder’s request for determination of eligibility and all supporting documentation provided by the bidder to the County in support of its request shall be open to the inspection of any interested person, firm or corporation in accordance to the requirements of Fairfax County Purchasing Resolution and Virginia Freedom of Information Act.

6.5. At the request of the Purchasing Agent or designee, the County Risk Manager shall evaluate a contractor's eligibility. Contractors may be subject to a special audit of their safety records as required. The criteria used by the Risk Manager in evaluating contractor’s eligibility shall include but not be limited to the following:

6.5.1. Corrective action taken by a bidder or contractor to prevent the recurrence of safety violations.

6.5.2. Days Away from Work Incident Rate for the past three (3) years.

6.5.3. Summary of Work-Related Injuries and Illnesses/Incident Rate for the past three (3) years.

6.5.4. Worker’s Compensation Experience Modification Rating for the past three

(3) years.

6.5.5. Fatality record for the past five (5) years. Detailed information regarding the firm’s safety program including but not limited to a Safety and Health plan and qualifications of the safety personnel.

6.5.6. Verification that management staff directly in charge of projects that experienced safety violations listed in aforementioned paragraph 6.1 will not be involved in the County project.

6.5.7. Incorporation of safety and health related issues into their new employee orientation programs.

6.5.8. Incorporation of work safety as a part of an employee's performance evaluation.

6.5.9. Support of safety related matters by senior/corporate management. Does the firm have a safety policy statement signed by a member of senior/corporate management?

6.5.10. Designation of a full-time Safety Manager. Does this person report to a high level, authoritative position within the Company?

6.5.11. Frequency and type of safety inspections conducted at work sites.

6.5.12. The number and type of safety training programs conducted for employees.

6.5.13. Frequency of safety "tailgate meetings" conducted by the firm.

6.5.14. Designation of an active safety committee, frequency of their meetings and list of members of the committee.

6.5.15. Active membership in a recognized construction safety organization in the Washington Metropolitan area, or in the state of contractor's domicile.

6.6. The determination of eligibility rendered by the Purchasing Agent or his designee shall be final unless it is appealed in accordance with the provisions of the solicitation or the Fairfax County Purchasing Resolution.

6.7. It shall be a condition of each County construction contract, as discussed above, that no contractor or subcontractor contracting for any part of the contract work shall require any laborer, mechanic, or other person employed in the performance of the contract to work in surroundings or under working conditions which are hazardous or dangerous to his safety, as determined under construction safety standards promulgated by the U.S. Department of Labor or the Virginia Department of Labor and Industry.

6.8. The contractor awarded a County construction contract shall certify in writing that they will not knowingly, willfully, or recklessly employ or contract with any person, company, corporation, or any other entity for services pursuant to that contract if such person, company, corporation, or other entity could not have been awarded such contract due to the restrictions in paragraph 6.3., above.

6.9. The contractor shall also certify in writing that all safety related information provided in accordance with the Safety Resolutions and contract requirements are complete, accurate and truthful.

6.10. The failure to provide information requested pursuant to this Resolution or the failure to conform to the certification requirements of this Resolution shall be grounds for disqualifying a prospective bidder.

6.11. The County may impose the following sanctions upon a contractor who willfully submits any false or misleading certification or information regarding material facts in connection with submissions pursuant to this Resolution or willfully omits any certification or information regarding material facts in connection with submissions pursuant to this Resolution. The term willful shall include international or reckless acts or missions.

6.11.1. Disqualify the prospective bidder from bidding a contract.

6.11.2. Debar the contractor from bidding future contracts for a period not to exceed three years.

6.11.3. Terminate the contract awarded to the bidder after providing notice and opportunity to be heard.

7. STATE REGISTRATION OF CONTRACTOR:

7.1. If a contract is for one hundred and twenty thousand dollars ($120,000) or more, or if the total value of all construction, removal, repair or improvements undertaken by the bidder within any twelve-month period is seven hundred-fifty thousand dollars ($750,000) or more, the bidder is required under Title 54.1, Chapter 11, Code of Virginia (1950), as amended, to show evidence of being licensed as a "Class A Contractor." (Non-Virginia licenses are not acceptable). If a contract is seventy-five hundred ($7,500) dollars or more but less than one hundred and twenty thousand dollars ($120,000), the bidder is required to show evidence of being licensed as a "Class B Contractor". If a contract is one thousand dollars ($1,000) or more but less than seventy-five hundred dollars ($7,500), the bidder is required to show evidence of being licensed as a "Class C Contractor."

7.2. The Code of Virginia does not allow an unlicensed contractor to submit a bid where the resultant contract will require a license. The bidder shall provide a copy of the license.

8. QUOTATION LIMITATION:

8.1. Bidders shall offer only ONE PRICE for each line-item bid.

9. INTERPRETATION OF BID:

9.1. Any questions pertaining to this solicitation shall be directed to:

Chan Park, Contract Specialist I Department of Procurement & Material Management 12000 Government Center Parkway, Suite 427 Fairfax, Virginia 22035-0013 Telephone Number: (703) 324-8125 E-mail: chan.park@fairfaxcounty.gov

9.2. The term "Project Manager" or similar term refer to the County's representative for technical specifications contract coordination.

10. SUBMISSION OF BIDS:

10.1. Bids must be received electronically through Fairfax County’s online Procurement Portal at: https://fairfaxcounty.bonfirehub.com, on or before the Submittal Deadline.

Bids will only be accepted through the portal. Fairfax County will not accept bids submitted by paper, telephone, facsimile (“FAX”) transmission, or electronic mail (i.e., e-mail) in response to this IFB. Bid submissions and registration are free of charge.

Bidders can register for a free account at: https://fairfaxcounty.bonfirehub.com, which will be required when preparing a bid. Documents may be uploaded at any time during the open period. The official time used for receipt of bids/modifications is the time stamp within the Bonfire portal. No other clocks, calendars or timepieces are recognized. For technical questions related to a submission contact Bonfire at support.bonfire@eunasolutions.com.

10.2. If, at the time of the scheduled bid closing Fairfax County Government is closed due to inclement weather or another unforeseeable event, the bid closing will still proceed electronically through the Bonfire system.

mailto:chan.park@fairfaxcounty.gov mailto:support.bonfire@eunasolutions.com

10.3. Technical Information: Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. Minimum system requirements for the Bonfire portal - Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

10.4. Each bidder must use the Pricing Schedule provided in the Bonfire portal to submit pricing for their bid. For each line item in the Pricing Schedule, bidders must submit all requested information for that line item (this could include unit pricing, percentage discounts and/or labor rates). By executing the Cover Sheet, the bidder acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions.

11. QUESTIONS AND ADDENDA:

11.1. Bidders are reminded that changes to the bid, in the form of addenda, are often issued between the issue date and within three (3) days before the due date. All addenda shall be signed and submitted as instructed on the addenda.

11.2. The last day to submit question to be addressed in the addendum will be addressed in

Bonfire under “Questions Due Date.” All questions pertaining to this bid shall be submitted to dpmmteam1@fairfaxcounty.gov. Notice of addenda will be posted on eVA and Bonfire. It is the Bidder’s responsibility to monitor the Bonfire portal for the most current addenda at https://fairfaxcounty.bonfirehub.com.

12. ALTERNATIVE FORMS OF BID SECURITY:

12.1. In lieu of a bid, payment or performance bond a bidder may furnish a certified check, cashier’s check, or cash escrow in the face amount required for the bond.

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

12.3. The County may, at the discretion of the County Purchasing Agent, require bid, payment, or performance bonds for contracts for goods or services if provided in the

Invitation to Bid or Request for Proposal.

13. BID OPENING:

13.1. All bids received in response to an Invitation for Bid (IFB) will be opened at the date and time specified, read publicly, and made available for inspection as provided in paragraph 13, General Conditions and Instructions to Bidders. Bidders may view the bid opening on March 30, 2026, 2:00 P.M. EDT by Microsoft Teams conferencing.

Please join by registering using the link below:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/28856202556698?p=9spGLRzANDEoxP9OTW mailto:dpmmteam1@fairfaxcounty.gov https://teams.microsoft.com/meet/28856202556698?p=9spGLRzANDEoxP9OTW

Meeting ID: 288 562 025 566 98

Passcode: oU9oW9zG

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Dial in by phone

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Phone conference ID: 767 940 680#

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14. WITHDRAWAL OF BID:

14.1. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw their bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.

The bidder shall give notice in writing of their claim of right to withdraw their bid within two (2) business days after the conclusion of the bid opening procedure.

15. BID EVALUATION/CONTRACT AWARD:

15.1. Bids will be evaluated based on a firm fixed price, and award will be made to the lowest responsive and responsible bidder complying with all provisions of the invitation for

Bid. The County reserves the right to award the contract in the aggregate or by site, based on the lowest cost and in the best interest of the County.

15.2. Paragraph 22, "Award or Rejection of Bids" of the General Conditions and Instructions to Bidders is amended to add: "Unless cancelled or rejected, a responsive bid from the lowest responsive and responsible bidder shall be accepted as submitted, except that if a bid from the lowest responsive and responsible bidder exceeds available funds, the County may negotiate with the apparent low responsive and responsible bidder to obtain a contract price within available funds."

15.3. Negotiation may be undertaken when there is insufficient time to readvertise with a modified specification and/or there are no clearly definable elements of the specifications which can be removed to permit a readvertisement or it is otherwise in the best interest of Fairfax County to negotiate.

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQ3MzJlZDItZjIzZC00MTJhLWJmMDUtMWI4OGE5ZjgzOWFi%40thread.v2/0?context=%7b%22Tid%22%3a%22a26156cb-5d6f-4172-9d7d-934eb0a7b275%22%2c%22Oid%22%3a%22f723a9e4-89a4-4c2b-a627-e80534ed6eb0%22%7d tel:+15714295982,,767940680 https://dialin.teams.microsoft.com/e5b18791-4e42-4a82-bed2-216a0e93463a?id=767940680 mailto:fairfax@m.webex.com https://www.webex.com/msteams?confid=1147963472&tenantkey=fairfax&domain=m.webex.com

15.4. If negotiation is undertaken, the County may negotiate changes in the solicitation with the lowest responsive and responsible bidder to obtain a satisfactory price within available funds. If a satisfactory price cannot be agreed to, then the negotiation shall be terminated, and the solicitation cancelled.

16. BID ACCEPTANCE PERIOD:

16.1. Any bid in response to this solicitation shall be valid for 90 days. At the end of the 90 days the bid may be withdrawn at the written request of the bidder. If the bid is not withdrawn at that time it remains in effect until an award is made or the solicitation is cancelled.

17. CONTRACT INSURANCE PROVISIONS

17.1. The Contractor is responsible for its work and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection therewith. The Contractor assumes all risk of direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the contract.

17.2. The Contractor must during the continuance of all work under the contract provide the following:

(1) Statutory Workers' Compensation and Employer's Liability insurance in limits of not less than $1,000,000 to protect the Contractor from any liability or damages for any injuries (including death and disability) to any and all of its employees, including any and all liability or damage which may arise by virtue of any statute or law in force within the Commonwealth of Virginia.

(2) Commercial General Liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 in aggregate, to protect the Contractor, its subcontractors, and the interest of the County, its officers and employees against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work.

(3) Owned, non-owned, and hired Automobile Liability insurance, in the amount of $1,000,000 per occurrence/aggregate, including property damage, covering all owned, non-owned, borrowed, leased, or rented vehicles operated by the Contractor. In addition, all mobile equipment used by the Contractor in connection with the contracted work, will be insured under either a standard Automobile Liability policy, or a Commercial General Liability policy.

17.3. Liability Insurance "Claims Made" basis:

(1) If the liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions. The limit of liability and the extensions to be included as described previously in these provisions, remain the same.

(2) The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverage for a period of two years after final payment for the contract.

This certificate shall evidence a "retroactive date" no later than the beginning of the contractor's or sub-contractor's work under this contract, or

ii. Purchase the extended reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

17.4. Liability insurance may be arranged by a combination of primary and excess or umbrella policies.

17.5. Any deductibles and/or self-insured retentions greater than $50,000 must be disclosed to and approved by the County’s Risk manager prior to the commencement of services.

Use of large deductibles and/or self-insured retentions will require proof of financial ability as determined by the County.

17.6. After a period of five-years from Agreement Date, the County may reasonably require higher limits of insurance or additional insurance coverage against other hazards for which insurance is reasonably obtainable and which, at the time, are commonly insured against in the case of similar properties conducting similar activities within the geographic area of the Property, whether or not such additional insurance requirements are otherwise described or contemplated herein.

17.7. The Contractor agrees to provide insurance issued by companies admitted within the

Commonwealth of Virginia, with the Best's Key Rating of at least A: VII.

17.8. European markets including those based in London, and the domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor's broker can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best's rating of A: VII or better.

17.9. The Contractor will provide an original, signed Certificate of Insurance citing the contract number and such endorsements as prescribed herein and The County of

Fairfax, its officers, employees and agents shall be named as an “additional insured” for all liability policies and it shall be stated on the Insurance Certificate that this coverage “is primary to all other coverage the County may possess.”

17.10. The Contractor will secure and maintain all insurance certificates of its subcontractors, which shall be made available to the County on demand.

17.11. Contractor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against the County and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Contractor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Contractor or its subcontractors. Where permitted by law, Contractor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

17.12. The Contractor will provide on demand certified copies of all insurance policies related to the contract within ten business days of demand by the County. These certified copies will be sent to the County from the Contractor's insurance agent or representative.

17.13. No change, cancellation, or non-renewal shall be made in any insurance coverage without a 30-day written notice to the County. The Contractor shall furnish a new certificate prior to any change or cancellation date. The failure of the Contractor to deliver a new and valid certificate may result in suspension of all payments until the new certificate is furnished.

17.14. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities provisions of the contract.

17.15. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the County. The Contractor is as fully responsible to the County for the acts and omissions of the subcontractors and of persons employed by the Contractor as it is for acts and omissions of person directly employed by Contractor.

17.16. Precautions shall be exercised at all times for the protection of persons (including employees) and property.

17.17. The Contractor and all subcontractors are to comply with applicable federal, state, and local occupational safety and health requirements, including, but not limited to, the

Occupational Safety and Health Act of 1970, Public Law 91-596, as it may apply to this contract.

18. BONDS:

18.1. BID SECURITY: For bids greater than $500,000, bid security in the amount of five percent (5%) of the bid price is required with each bid in the form of a certified check or bid bond made payable to County of Fairfax, Virginia. Checks will be returned to all bidders within sixty (60) days after the date of the formal opening of the bids. The bid security must clearly make reference to this solicitation number and title. Bid bonds shall be issued by a surety company licensed and authorized to conduct business in the State of Virginia.

18.2. BONDS: For awards greater than $500,000 the contractor shall furnish within twenty

(20) calendar days after execution of the contract, the following bonds, issued by a surety company licensed and authorized to conduct business in the State of Virginia, made payable to the County of Fairfax. All bonds must clearly make reference to this solicitation number and title.

a. Performance Bond in the amount equal to one hundred percent (100%) of the contract price on AIA Document A312-2010 or equivalent.

b. Labor and Materials Payment Bond in an amount equal to one hundred percent

(100%) of the contract price on AIA A312-2010 or equivalent.

Failure to provide the required bonds, within twenty (20) calendar days, will constitute a material breach of the contract, for which the County may terminate the contract for cause.

19. ADDITIONAL OR SUBSTITUTE BOND:

19.1. If the Owner becomes dissatisfied with any surety or sureties then upon the

Performance Bond, or if for any other reason, each Bond shall cease to be adequate security to the Owner, the Contractor shall substitute an acceptable bond in such form and sum and signed by such other sureties as may be satisfactory to the Owner within five (5) days after notice. The premiums on such bond shall be paid by the Contractor.

No further payment shall be deemed due nor shall be made until the new sureties shall have qualified.

20. PURCHASE ORDER:

20.1. A purchase order for the items/services listed in this Invitation for Bid will be enclosed with the resulting contract or will be issued shortly thereafter and will become an integral part of the resulting contract. The purchase order indicates that sufficient funds have been obligated as required by Title 15.2-1238 of the Code of the Commonwealth of Virginia and assures distribution of the necessary receiving reports.

20.2. The purchase order does not supersede any provisions of the Acceptance Agreement.

Performance time and dates are determined solely by the contract, and any modification thereto.

20.3. Services/supplies are not to begin until receipt of the purchase order or other notification by the County Purchasing Agent to proceed.

20.4. The Department of Procurement and Material Management has the capability to issue purchase orders electronically and transmit them to vendors by email For more information about this program to receive your purchase orders faster, email dpmm@fairfaxcounty.gov or contact your Contract Specialist for more information.

mailto:dpmm@fairfaxcounty.gov

21. CONSTRUCTION SCHEDULE AND SCHEDULE OF VALUES:

21.1. Within two weeks after being selected as the contractor for the project, the General

Contractor shall provide a complete estimated construction progress schedule depicting time and efforts of all trades involved in the work. This shall be submitted for approval by the Owner's representative for contract coordination. Updated construction progress schedule will be provided within 14 calendar days upon request of the County.

Failure to provide an updated schedule may result in the County withholding payments being made to the Contractor.

21.2. Prior to the first application for payment, submit a proposed schedule of values to the owner's representative for contract coordination. The schedule of values should accurately reflect the cost of each activity as represented on the construction schedule

(ref: Special Provisions, paragraph 21.1) and the sum of the increments shall total the contract price.

22. PERMITS AND LICENSES:

22.1. The Contractor is responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the prosecution of the work without additional expense to the County. The Contractor is similarly responsible for all damages to persons or property that occurs as a result of their fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor is also responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction previously accepted.

22.2. The County will compensate the Contractor for the permit(s) obtained at actual cost, however, back-up documentation or receipt(s) must be provided to verify the Contractor’s cost for the permit(s) and the price of such permit(s). Prior approval from the Owner must be obtained by the Contractor with a list of the permit(s) being pulled.

23. REPRESENTATIONS OF CONTRACTOR:

23.1. The Contractor represents and warrants:

a. The firm is financially solvent, and that manager is experienced in and competent to perform the type of work, or to furnish the plans, materials, supplies or equipment to be so performed or furnished; and

b. that contractor is familiar with all Federal, State, and municipal laws, ordinances and regulations, which may in any way affect the work of those employed, including but not limited to any special acts relating to the work or to the project of which it is a part; and

c. that such temporary and permanent work required by the Contract Documents as is to be done by the contractor can be satisfactorily constructed and used for the purpose of which it is intended and that such construction will not injure any person, or damage any property; and

d. that contractor has carefully examined the plans, the specifications and the site of the work and that from the contractor’s own investigations, he/she has satisfied themselves as to the nature and location of the work, the character, quality, quantity of surface and subsurface materials likely to be encountered, and character of equipment and other facilities needed for the performance of the work, the general and local conditions and all other materials which may in any way affect the work or its performance.

24. SUPERINTENDENCE BY CONTRACTOR:

24.1. At the work site, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that the representative shall be acceptable to the County and shall be one who can be continued in that capacity for the particular job involved, unless he/she ceases to be on the Contractor's payroll.

25. POWER OF CONTRACTOR TO ACT IN EMERGENCY:

25.1. In case of an emergency that threatens loss or injury of property and/or safety of life, the Contractor is permitted to act without previous instructions from the County as deemed appropriate. The Contractor must notify the County immediately after of any actions taken.

25.2. The County shall approve any compensation claimed by the Contractor due to such extra work.

25.3. Where the Contractor has not taken action but has notified the County of an emergency threatening injury to persons or damage to the work, or any adjoining property, upon authorization from the County to prevent such threatened injury or damage, the County shall direct the contractor’s actions. The amount of reimbursement claimed by the

Contractor on account of any such action shall be determined in the manner provided in Paragraph 32 hereof for the determination of compensation to be paid for extra work.

26. PLANS AND SPECIFICATIONS – INTERPRETATIONS:

26.1. The Contractor shall keep at the site of the work, one copy of the plans and specifications signed and identified by the County and shall always give the County and other representatives of the County access. Anything shown on the plans and not mentioned in the specifications or mentioned in the specifications and not shown in the plans, shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the plans and specifications the decision of the County shall govern. Also, any discrepancy between the figures and drawings shall be submitted by the Contractor to the County whose decision shall be conclusive.

27. USE OF PREMISES:

27.1. The contractor confines the apparatus, storage of materials, and activities of personnel on or about the premises and adjacent areas, in accordance with the law, ordinances, permits and the directions of the County's representative. The contractor shall not encumber the premises with such materials or apparatus or adjacent areas. The work site shall be kept in such orderly fashion as will not interfere with the progress of the work or the work of any other contractor.

27.2. The contractor is responsible for repairing or replacing any work damaged by his/her operations within ten (10) days after notification by the County’s representative.

27.3. It is the responsibility of the contractor to report, in writing, to the County any damages found prior to any work at the site.

28. PROTECTION OF WORK AND PROPERTY:

28.1. The contractor shall always protect the County’s property from injury or losses in connection with this contract. The contractor’s own work and that of adjacent property

(as provided by law and the contract documents) from damage shall be guarded. The contractor shall replace or make good any such damage, loss or injury unless caused directly by errors contained in the contract documents or by the County or by his/her duly authorized representatives. All passageways, guard fences, lights and other facilities required for protection by local authorities or local conditions must be provided and maintained.

29. STORAGE OF MATERIALS:

29.1. Materials shall be stored to insure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces and not on the ground and shall be placed under cover when directed. Stored materials shall be located to facilitate proper inspection. Equipment that is delivered crated shall remain crated until ready for installation. Lawns, grass plots or other private property shall not be used for storage purposes without the written permission of the County.

30. STANDARD PRODUCTS:

30.1. All materials, supplies, and articles furnished shall be the standard products of recognized, reputable manufacturers, as specified and otherwise practicable. The standard products of manufacturers other than those specified, will be accepted when it is proved to be the satisfaction of the County, that they are equal in strength, durability, usefulness and convenience for the purpose intended. Any changes required in the detail and dimensions indicated on the drawings, for the substitution of standard products other than those provided for, shall be made as approved by the

County and at the expense of the contractor.

31. ALL WORK SUBJECT TO CONTROL OF THE COUNTY:

31.1. In the performance of the work, the Contractor shall abide by all orders, directions and requirements of the County and shall perform all work to the satisfaction of the County and at such times and places, by such methods and in such manner and sequence as he may require. The County shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, Contract

Documents, and any extra work orders and shall decide all other questions in connection with the work. The Contractor shall employ no plans, equipment, materials, methods or persons to which the County objects and shall remove no plant, materials, equipment or other facilities from the site of the work without the County's permission.

The County shall confirm, in writing, any oral order, direction, requirement or determination.

32. PROJECT MANAGER'S CONTROL NOT LIMITED:

32.1. The County’s Project Manager will control the work under the contract. The contractor must perform all the work to the complete satisfaction of the Project Manager.

Examples given or statements made in the Special Provisions and the Contract

Documents pertaining to the method of work performance are examples, only. Bidders should not assume that the Project Manager’s direction is limited to those items only but applies to all work performed under the contract.

33. INCOMPETENT OR DISORDERLY EMPLOYEES:

33.1. If any person employed on the work by the Contractor shall appear to the County to be incompetent or to act in a disorderly or improper manner, such person shall be removed immediately on the requisition of the County and shall not again be reemployed (on subject project) except on written consent of the County.

34. WORKMANSHIP:

34.1. Only first-class work shall be performed, and all materials furnished in carrying out this contract and shall be of character and quality required by the specifications. Such work or materials shall be the best of their respective kinds, where no standard is specified.

Any unsatisfactory work done or materials furnished shall be immediately removed and satisfactorily replaced by the contractor when notified to do so by the County at whatever time the inferior work or materials may be discovered.

34.2. If the contractor neglects or refuses to remove such unsatisfactory work or materials within forty-eight hours after the receipt of notice, or if satisfactory progress is not made in doing so, the County may affect removal of the inferior work or materials, and the expense shall be charged to the contractor. Such expenses shall be deducted from any monies due or to become due the contractor under the contract. Upon completion of the contract the entire work shall be delivered to the County perfectly and completely in satisfactory working conditions.

34.3. The contractor expressly undertakes at his own expense:

a. to affect all cutting, fitting or patching of his work required to make same conform to the plans and specifications and except with consent of the County not to cut or otherwise alter the work of any other contractor, and

b. to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work.

35. CHANGES AND ALTERATIONS:

35.1. The County reserves the right to make alterations in the installation of items of work shown on the plans, as may be necessitated by conditions found during construction that in the judgment of the County appear advisable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the County.

36. NECESSARY DETAILS NOT SPECIFICALLY MENTIONED:

36.1. Any and all work that may be called for in the specifications and not shown on the plans or shown on the plans and…