2-IFB 26-002 Chantilly HS Walk-In Freezer and Cooler Replacement - Bid Set.pdf

PROJECT MANUAL

CHANTILLY HIGH SCHOOL

WALK-IN FREEZER AND COOLER REPLACEMENT

4201 STRINGFELLOW ROAD, CHANTILLY, VA 20151

BID SET – Issued October 17, 2025

Invitation For Bid #26-002

Fairfax County Public Schools Architectural Engineer: Keith Kessler

5025 Sideburn Road Fairfax, Virginia 22032

703-764-2377

FAIRFAX COUNTY PUBLIC SCHOOLS

OFFICE OF FACILITIES MANAGEMENT

5025 SIDEBURN ROAD

FAIRFAX, VA 22032

703-764-2457

TABLE OF CONTENTS

1 11/23

BIDDING REQUIREMENTS, CONTRACT

FORMS AND CONDITIONS OF CONTRACT

Section 00020 Invitation to Bid Section 00100 Instructions to Bidders Section 00300 Bid Form Section 00301 Bid Bond Section 00302 Performance Bond Section 00303 Payment Bond Section 00700 General Conditions

DRAWINGS

CS Cover Sheet A-1 Architectural Plans, Details & Notes A-2 Architectural Plans, Details & Notes M-1 Mechanical Plans, Details & Notes E-1 Electrical Plans, Details & Notes E-2 Electrical Plans, Details & Notes

00020-1 11/23

SECTION 00020

INVITATION TO BID

PART 1 - GENERAL

1.01 Notice of IFB: Notice is hereby given that the Fairfax County School Board (“Owner”) will receive bids for the Chantilly High School Walk-In Freezer and Cooler Replacement Project, before, 2:00 p.m. on Wednesday, October 29, 2025.

1.02 New Requirement for Electronic Submission of Bidding Documents: In order to be eligible for consideration under this IFB, Approved Prequalified Bidders must submit bidding document (Bid Form) electronically using a procurement portal powered by Bonfire Interactive, for submission and acceptance of bidding documents. Physical delivery of original bid bond is required. To register for use of the Bonfire platform, approved prequalified bidders are instructed to visit and create a free account at https://fcps.bonfirehub.com. Assistance with registration and use of the Bonfire platform is available by emailing Support@goBonfire.com or calling 1(800) 354-8010 and selecting option 2.

1.03 Mandatory Procedure for Submission of Bidding Documents: Prospective Bidders are advised of the following mandatory procedure for submission of bidding documents for this IFB:

1.03.1 Electronic submission of completed bid form at https://fcps.bonfirehub.com before 2:00 p.m. on Wednesday, October 29, 2025; and

1.03.2 Physical delivery of original bid bond no later than Tuesday, October 28, 2025, at 2:00 p.m. in a sealed, opaque envelope that is (a) labeled with Bidder’s name, “Bid Bond for IFB 26-002”, and (b) addressed as follows:

Gatehouse Administrative Center 8115 Gatehouse Road, Suite 3400 Falls Church, Virginia 22042-1203

In order to be eligible for award, Prospective Bidders must complete both items A and B, above, no later than the Due Date and Time.

1.04 Virtual Bid Opening: The Chantilly HS Walk-In Freezer and Cooler Replacement Project, IFB 26-002 bid opening will be held on Wednesday, October 29, 2025, at 2:00 p.m. via Google Meet. You may join the meeting as early as 1:45 p.m. The Google Meet link is set forth below.

A. Meeting Link for Bid Opening:

https://meet.google.com/cyw-hbte-mgs

1.05 In Person Viewing of Bid Opening: In addition to the to the live stream bid opening, in-person viewing of the bid opening will be held in conference room 3082. Enter the building at the above referenced address at the front entrance as early as 1:45 p.m.

https://fcps.bonfirehub.com/ mailto:Support@goBonfire.com https://fcps.bonfirehub.com/ https://meet.google.com/cyw-hbte-mgs

INVITATION TO BID SECTION 00020

00020-2 11/23

1.06 Each bidder shall bear and be responsible for all costs, fees and expenses associated with its preparation and submission of a bid in response to this IFB. In no event shall any bidder be reimbursed by the Owner for any such costs, fees or expenses. Bid prices shall be inclusive of all labor, supplies, materials, equipment, permits, and sales or use taxes required to complete the Work in its entirety in strict accordance with the Contract Documents.

1.07 The procedure for withdrawal of bids and bid award public notification is set forth in the

Instructions to Bidders.

1.08 Bids will be considered on a lump sum basis for the entire work described in the

Contract Documents.

1.09 The Owner will not discriminate against a bidder solicitation or awarding of contracts because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. Minority contractors and small business enterprises are invited and encouraged to submit bids in response to this solicitation. Each bidder shall indicate on its Bid Form whether or not it is a Small Business Firm or a Minority Business Firm, as such terms are defined in the instructions to Bidders. All responsive and responsible bidders will receive equal consideration for award.

1.10 Drawings and Specifications may be examined at the Owner’s Office of Facilities

Management Sideburn Support Center location on appointment basis. Electronic contract document set may be obtained from Fairfax County Public Schools: Tiffany Campbell, 8115 Gatehouse Road, Falls Church, VA 22042, 571-423-2312. One (1) set of electronic bidding documents will be furnished to each bidder.

1.11 The Contractor shall perform Substantial and Final Completion of Work on or before the respective Substantial and Final Completion dates established in Section 01010, Summary of Work. It is the intent of the Owner to assess liquidated damages in the amounts shown in Section 01010 in the event that these dates are not met.

1.12 Contract documents including Drawings and Specifications will be placed on the file at the following locations: (list revised 11/23)

NAME ADDRESS PHONE FAX

DODGE Data Dodge Data and Analytics 2860 S State Hwy 161, Suite #501 Grand Prairie, TX 75052-7361 support@construction.com www.construction.com

800-393-6343 800-625-3488 mailto:andrea.kerwin@construction.com http://www.construction.com/

00020-3 11/23

1.13 Unless cancelled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest responsible bidder exceeds available funds, the School Board may negotiate with the apparent low bidder to obtain a contract price within available funds.

The conditions and procedures for such negotiation are set forth in the current version of School Board Policy 8240, the text of which is available for review at www.fcps.edu, search for “Policies, Regulations and Notices”, click this link, then select “Find a Policy”.

In summary, negotiation may be undertaken on behalf of the School Board where, and to the extent such, is deemed to be in the best interests of the School Board. Office of Facilities Management staff, along with the project’s design professionals and the apparent low bidder, NAME ADDRESS PHONE FAX

Construct Connect 30 Technology Parkway South Suite 100 Norcross, GA 30092 content@constructconnect.com

800-364-2059 Ext. 8232

866-570-8187

Valley Construction News 426 West Campbell Avenue, SW Roanoke, VA 24016 emilyvcn@yahoo.com

540-344-8127 540-344-0292

The Blue Book 800 E. Main Street Jefferson Valley, NY 10535 ATTN: Alex Gugliada agugliada@mail.thebluebook.com

800-431-2584, Ext. 3327

914-243-4396

Builders and Construction Exchange, Inc.

1118 Azalea Garden Road

Norfolk, VA 23502 plans@bceva.com

757-858-0680 757-858-0681

Construction Bid Source, LLC 528 Weather Ridge Lane

Cary, NC 27513

Attn: Liz Stryker or Pearl Regis projects@constructionbidsource.com

1-888-786-9450 209-772-3573 http://www.fcps.edu/ mailto:content@constructconnect.com mailto:tracivcn@yahoo.com mailto:plans@bceva.com mailto:projects@constructionbidsource.com

00020-4 11/23 will develop appropriate scope modifications that do not impair the proposed function of the project. These modifications will be priced by the apparent low bidder and reviewed by the Office of Facilities Management and the project’s design professionals, which may recommend an award on that basis if such is deemed to be in the best interests of the School Board and the price is within available funds.

THE COUNTY SCHOOL BOARD OF FAIRFAX COUNTY, VIRGINIA

Karl Frisch Chair

Dr. Michelle Reid Superintendent of Schools

Erik Gordon Chief of Facilities Services

& Capital Programs

Brian Davis Executive Director, Facilities Management

Facilities Services & Capital Programs

END OF SECTION

00100-1 11/23

SECTION 00100

INSTRUCTIONS TO BIDDERS

1. QUALIFICATION OF BIDDER

A. Each bidder shall be required to be licensed pursuant to Title 54.1, Chapter 11 of the Virginia Code, as amended, before such bidder’s bid may be submitted to the Owner and be eligible for consideration hereunder. Each bidder shall place its Virginia Contractor License Number on the outside of the envelope containing its proposal and in the space provided therefore on the signature page of the Bid Form.

B. The bidder shall be qualified by experience, financing, organization, scheduling and coordination ability, and shall have the necessary labor and equipment to perform the work called for in the Contract Documents. The bidder shall have experience with work of similar type and size to that called for in the Contract Documents and such experience shall be based upon projects that have been completed within the last five years.

2. LICENSE AND REGISTRATION REQUIREMENTS

A. All firms doing business in Fairfax County shall obtain a license as required by Chapter 4, Article 7, of the Code of the County of Fairfax, Virginia, as amended, entitled "Business, Professional and Occupational Licensing (BPOL) Tax."

Questions concerning the BPOL tax should be directed to the Fairfax County Department of Tax Administration, telephone number: (703) 222-8234.

B. Any foreign corporation transacting business in Virginia shall obtain a Certificate of Authority, as required by Section 13.1-757 of the Code of Virginia, from the Virginia State Corporation Commission, Post Office Box 1197, Richmond, Virginia 23218. The Commission may be reached at (804) 371-9733. The consequences of failing to secure a Certificate of Authority are set forth in § 13.1- 758 of the Virginia Code, as amended.

C. A current State Corporation Commission Corporate Identification number.

Effective July 1, 2010, a company is required to provide FCPS a state authorization number to transact business in the state of Virginia. To obtain a State Corporation Commission Corporate Identification number, contact the state commission at 804-371-9733 or 1-800-552-7945, or https://www.scc.virginia.gov/index.aspx , email: sccinfo@scc.virginia.gov or The State Corporation Commission, Post Office Box 1197, Richmond, Virginia 23209.

3. QUESTIONS AND COMMUNICATIONS; ISSUANCE OF ADDENDA

A. All contact between prospective Bidders and the Owner with respect to this solicitation will be formally held at scheduled meetings or will be conducted in writing through the Owner’s Office of Design and Construction Services. Except as expressly authorized herein, communications between prospective bidders, http://www.scc.virginia.gov/index.aspx mailto:sccinfo@scc.virginia.gov

INSTRUCTIONS TO BIDDERS SECTION 00100

00100-2 11/23 their agents and/or representatives and any representative of the Owner concerning interpretation of all or any portion of this solicitation are prohibited and may not be relied upon for any purpose. No interpretation of the meaning of these documents will be made to any bidder orally.

B. Any question or request for an interpretation must be in writing and submitted: (i) by mail or hand delivery addressed to Architect and Owner as indicted on the cover page to this solicitation; or (ii) by email to Keith Kessler, KAKessler@fcps.edu and email to the Senior Buyer at following: email tccampbell@fcps.edu (Tiffany Campbell). In order to be eligible for consideration, a question or request for interpretation must be received on or before the deadline. Requests for interpretation (RFI’s) must be submitted to the emails above by 11:30PM on October 24, 2025. Any and all such responses, interpretations and any supplemental instructions will be returned in writing to the prospective bidder requesting such interpretation or will be in the form of written addenda. It shall be the responsibility of each bidder to ensure that all addenda are acquired. The addenda are acquired at www.fcps.edu, search for “Design and Construction”, select “Design & Construction” Services- Current Solicitations’, scroll to ‘Current Solicitations. Any issued addenda in connection with this project will be posted under ‘Current Solicitations’. The bidder may also call the Senior Buyer, Tiffany Campbell, at 571-423-2312 prior to bid submission in order to determine whether any addenda have been issued in connection with this solicitation.” Notwithstanding any provision to the contrary, the failure of any bidder to receive any such addenda or interpretations shall neither constitute grounds for withdrawal of a bid nor relieve such bidder from any obligation under his Bid as submitted. If offered, the “Points of Interests” will be attached to Addendum 1, which will replace Pre-Bid meetings/addenda. All addenda so issued shall become part of the Contract Documents.

C. The bidders for this Project are notified that the site for performance of the Work is “unclassified” and that, as such, complete, accurate and/or reliable information regarding surface and subsurface conditions likely to be encountered during performance of the Work is not available. Each bidder shall be provided full and complete access to the site of the Work (but only upon prearrangement with the Office of Design & Construction as to all aspects of the site visit) in order to conduct, at its expense, such tests and investigations of the site as it deems appropriate under the circumstances (and of which it has provided ten (10) days advance written notice to Owner) in order to evaluate and satisfy itself as to the surface and subsurface conditions likely to be encountered during performance of the Work.

Bidders which do not comply with the foregoing prearrangement and notice provisions shall not be permitted to visit the site or to conduct tests and investigations of the site.

It is the intent of these Contract Documents that the successful bidder for this Project shall bear full and complete responsibility for all surface and subsurface conditions, whether known or unknown, reasonably foreseeable or not, that shall mailto:KAKessler@fcps.edu mailto:tccampbell@fcps.edu

00100-3 11/23 be encountered during the performance of the Work and that, as such, each bidder shall include in its bid price for the Work an amount that it deems sufficient, in its sole and absolute discretion, to protect such bidder from the increased costs of performance that it may incur as a result of its assumption of responsibility for all such surface and subsurface conditions. Notwithstanding any provision in the Contract Documents to the contrary, the successful bidder shall in no event be entitled to additional compensation, time or other relief from its obligations under the Contract Documents as a direct or indirect result of surface or subsurface conditions encountered during performance of the Work.

Pursuant to the Contract Documents, the successful bidder shall waive any and all claims against the Owner and the Architect that such bidder has, or may have in the future, arising out of or in connection with surface and subsurface conditions encountered during performance of the Work. In the event that the Owner or the Architect (or any of its or their representatives) provide the bidders with access to or copies of any reports, data or other materials or information pertaining to the surface or subsurface conditions at the site of the Project, each bidder shall: (a) acknowledge that such reports, data or other materials or information were supplied without representation or warranty as to the accuracy or completeness thereof; and (b) certify that it did not rely upon any such information in tabulating its bid price for the Work.

4. BID SECURITY

A. Each bid shall be accompanied by a bid bond in an amount equal to five percent (5%) of the total amount of the principal’s bid on the form prescribed herein (Section 00301). The original bid bond shall be submitted to the Office of Design and Construction, 8115 Gatehouse Road, Suite 3400, Falls Church, Virginia 22042-1203, twenty-four (24) hours prior to the bid opening. The bid bond shall be issued by a surety company licensed to conduct business as a surety in the Commonwealth of Virginia and otherwise satisfying any further requirements with respect to sureties set forth in the General Conditions. In lieu of a bid bond, a bidder may submit a certified check, cashier's check or cash escrow in the face amount required for the bond. Such bid security shall be given as a guarantee that the bidder will enter into a contract and provide the required contract security and insurance if awarded the work.

B. The bid security of the unsuccessful bidders will be returned on or before the date that is five (5) days after the execution of the contract or, if no such contract shall have been executed, on or before the date that is 60 days after the date of opening of the bids. The bid security of the successful bidder will be returned only after such bidder shall have executed the agreement and furnished the contract security and evidence of insurance required hereunder.

C. If the bidder to whom the Contract is awarded refuses or neglects to execute the agreement or fails to furnish the required contract security and evidence of insurance within ten (10) days after receipt of the notice, the amount of such bidder’s bid security shall be forfeited to the Owner; provided, however, that no such forfeiture shall exceed the lesser of: (i) the difference between the bid for

00100-4 11/23 which the bond was written and the next low bid; and (ii) the face amount of the bid bond. If the bidder to whom the contract is awarded refuses or neglects to execute the agreement or fails to furnish the required contract security and evidence of insurance, then the award of the contract may be annulled and the Owner may: (i) award a contract hereunder to the next best bidder and such bidder shall fulfill every requirement set forth in these documents as if it were the original party to whom the award was made; or (ii) reject all of the bids submitted hereunder, as its interest may require. Except as provided herein with regard to withdrawal of bids, no plea of mistake in the bid shall be available to the bidder for the recovery of its bid security or as a defense to any action based upon such bidder’s failure or refusal to execute a contract and to furnish the required contract security and evidence of insurance.

5. CONTRACT SECURITY

A. The Required Documentation and the Owner/Contractor Agreement will be sent to the successful bidder on the following Monday after bid opening. The Owner/Contractor Agreement shall be signed by an authorized officer of your company. Within seven (7) business days from the date of the Required Documentation, the successful bidder shall execute and deliver to the Owner four

(4) copies of the Owner/Contractor Agreement. In Addition, the successful bidder shall furnish the following:

1) Two (2) original copies of the performance bond in an amount equal to 100 percent of the contract sum conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications, and conditions of the contract.

2) Two (2) original copies of the payment bond in an amount equal to 100 percent of the contract sum conditioned upon the prompt and faithful payment of all persons and entities who have and fulfill contracts which are directly with the contractor for performing labor or furnishing materials in the prosecution of the work provided for in the contract.

3) One (1) or more certificates of insurance evidencing the types and amounts of insurance coverage required to be maintained by the Contractor under the Contract Documents.

B. The Notice To Proceed (NTP) and the counter signed Owner/Contractor Agreement will be sent to the successful bidder on the following Monday of FCPS’s School Board approval. The successful bidder will be authorized and directed to proceed with the Work after seven (7) business days of the FCPS’s School Board approval.

C. Each of the following Subcontractors shall submit Performance and Payment Bonds in the amount of one hundred percent (100 percent) of its subcontract amount. Bonds shall (i) be substantially in the form herein provided (Sections 00302 and 00303), (ii) name the Contractor as obligee, and (iii) be issued by a

00100-5 11/23 surety company licensed to conduct business in Virginia. Cost of said Bonds shall be included in the Contract Sum:

1) Electrical

2) Plumbing / HVAC

3) Sprinkler

4) Roofing

5) Structural Steel, Joists & Decks (New Schools Only)

6) Site and Site Utilities

D. Any performance or payment bond required hereunder shall be in the form included in these Contract Documents and shall be executed by a surety company that is legally authorized to transact business as a surety in the Commonwealth of Virginia and that otherwise satisfies any requirements with respect to sureties set forth in the General Conditions. In lieu of a payment and/or performance bond, the successful bidder may furnish a certified check or cash escrow in the face amount(s) required for such bond(s).

6. BIDS

A. In order to be entitled to consideration hereunder, bids shall be made in accordance with the following instructions.

1) Before submitting a bid, bidders shall visit the site of the work, fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract Documents.

2) Bids shall be made on the Bid Form, a copy of which is bound herein.

Bids shall be completed, including each and every item; bids shall be stated both in writing and in figures. The signatures of all persons shall be in longhand. The completed Bid Form shall be without erasures or alterations.

3) No Bid shall contain any recapitulation of the work to be performed, and no alternate bid will be considered unless called for. No exceptions, exclusions or qualifications, unless expressly authorized, shall be permitted on the Bid Form. No oral, telegraphic or telephonic bids, or modifications, either to the Bid Form or the Bid Envelope, shall be considered.

4) Bids shall be received electronically using a procurement portal powered by Bonfire Interactive, on or before the day and hour set for the opening of bids, bearing the title of the work, name of bidder and bidder's Virginia Contractor License Number.

5) Bids shall be firm and irrevocable for a period of 60 days following the date of opening of the bids.

00100-6 11/23

7. OPENING OF BIDS

Bids will be opened and read aloud at the time and place set forth in the Invitation to Bid.

Bidders, their representatives, and other interested persons may be present at the opening of the bids. In the event that only one Bid Form is received by the Owner in response to the Invitation to Bid, the Owner may, in its discretion, decline to open such bid and may eliminate the unopened file from the Bonfire submissions page.

8. LATE BIDS

Any Bids or unsolicited materials relating to a Bid that are received by the Owner after the date and time specified for the submission of bids will not be eligible for consideration by the Owner. Any Bids or unsolicited materials received after the bid submission deadline will be returned to the Bidder unopened, providing that sufficient bid identification information is shown on the outside of the bid envelope.

9. WITHDRAWAL OF BIDS:

A. A bidder may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, 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.

If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid that shall 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.

B. The following is the procedure for withdrawal of a bid and is stated in the advertisement for bids:

1) A bidder, who seeks to withdraw his bid in accordance with this provision, shall give notice in writing of his claim of right to withdraw his bid within two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice to:

Brian Davis Executive Director, Facilities Management Facilities Services and Capital Programs Fairfax County Public Schools

00100-7 11/23

Office of Facilities Management 5025 Sideburn Road, Fairfax, VA 22032 Telephone Number 703-764-2457 Email: bdavis4@fcps.edu

The mistake shall be proved only from the original work papers, documents, and materials delivered as required herein. The work papers, documents, and materials submitted by the bidder shall, at the bidder’s request, be considered trade secrets or proprietary information subject to the conditions of subsection F of Section 2.2-4342 of the Code of Virginia.

C. No bid may be withdrawn when the result would be the awarding of this Contract to another bidder in which the ownership of the withdrawing bidder is more than five percent (5%).

D. If a bid is withdrawn, the lowest remaining bid shall be deemed to be the low bid.

No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor, or perform any subcontract or other work agreement for the person or firm to whom the Contract is ultimately awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

E. The Office of Facilities Management (OFM), acting for the School Board, shall notify the bidder in writing within five (5) business days of its decision regarding the bidder’s request to withdraw its bid. If OFM denies the withdrawal of a bid, it shall state in such notice the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, OFM shall return all work papers and copies thereof that have been submitted by the bidder.

10. CANCELLATION, REJECTION OF BIDS; WAIVER OF INFORMALITIES

The Owner reserves the right to cancel this solicitation, to accept or reject any or all bids submitted hereunder, or to waive any informality in any one or all bids received.

11. AWARD OF CONTRACT

A. The Contract will be awarded, if at all, under the terms and conditions of the Contract Documents to the lowest responsive and responsible bidder, as determined by the Owner, with due consideration given to the ability of the bidder to cooperate with separate contractors for the Project and to coordinate, schedule and complete the Work within the prescribed time period. The Owner reserves the right to award the Contract that would be in the best interests of the Owner.

B. Public notice of the award of contract or the announcement of the decision to award a contract will be set forth on the website of Fairfax County Public Schools

00100-8 11/23 www.fcps.edu, search for “Bid Results”, select “Design and Construction Services Current Solicitations”, scroll to Bid Results. While school division staff may communicate procurement results to bidders or offerors, each bidder or offeror has the responsibility to monitor the FCPS website for its own purposes.

C. The Owner reserves the right to require submission of references in sufficient time to make inquires regarding the responsibility of the bidder before making the award, and the right to require a recent financial statement from the bidder if the Owner deems it necessary. The Owner also emphasizes its intention not to award any contract to a bidder whose past performance shows his firm to be generally late in performance of construction contracts. The ability of the low bidder to provide the required bonds will not in and of itself establish the responsibility of the bidder.

D. The Owner reserves the right to defer award of any Contract for a period of 60 days after the due date for the bids. Bid prices shall be binding for 60 days following the due date for proposals, unless period for award of bids hereunder is extended by mutual consent of all parties, in which case bid prices shall be binding for such longer period as shall have been agreed upon.

E. Under circumstances where no add alternates are included on the Bid Form, the low bidder shall be determined by the Owner based upon a comparison of the base bid amounts set forth on such Bid Forms. In the event that one or more add alternates are included on the Bid Form, the low bidder shall be determined by the Owner based upon the aggregate amount of: (i) the base bid, and (ii) any add alternates selected by the Owner. Add alternates shall be selected by the Owner based upon its authorized construction budget and the Owner’s needs and requirements at the time of the bid opening. The Owner reserves the right, in its sole discretion, to select or reject any or all of the add alternates (or to select any combination of add alternates) included in the Bid Form. The Owner shall determine the low bidder for the base bid and any selected add alternates by means of a “blind” bid review process which shall operate generally as follows:

1) At the bid opening, a designated staff member from the Owner’s Office of Administrative Services shall complete two bid tabulation sheets, the first of which shall identify each bidder by name, and the second of which shall omit the names of the bidders and shall refer to each bidder by a generic term such as “Contractor A” and “Contractor B.” The Director of the Owner’s Office of Facilities Management or his designee (the “Director”) shall not attend the bid opening.

2) Following the bid opening, school system staff shall submit only the second, anonymous bid tabulation sheet to the Director for his or her review and consideration. The Director shall determine the low bidder based on the aggregate amount of the base bid and any selected add alternates set forth on the second anonymous bid tabulation sheet, and shall circle and initial his or her choices on such form.

http://www.fcps.edu/

00100-9 11/23

3) Once the Director’s selections have been made, the two tabulation sheets shall be compared, and the identity of the low bidder for the base bid and any selected add alternates shall be established.

F. Any quantities set forth on the Bid Form represent estimates only and are included solely for the purpose of evaluating and comparing the bids received.

G. A "responsive bidder" shall mean a bidder who has submitted a bid which conforms, in all material respects, to the requirements of the bidding documents.

H. A "responsible bidder" shall mean a bidder who has the capability, in all respects, to perform fully the Contract requirements and the moral and business integrity and reliability, which will assure good faith performance and who has been prequalified, if required.

I. The Office of Facilities Management reserves the right to require from the bidder:

1) Submission of references within two (2) business days after the opening of the bids;

2) A list of projects completed by bidder within the last two (2) years which are similar in size and scope to the work described in this solicitation;

and/or

3) Financial statements indicating current financial status, prepared in accordance with generally accepted accounting principles, by a duly licensed CPA.

J. The successful low bidder, upon notice of award of contract, shall submit a completed ”Responsible Land Disturber Certification” through FCPS, to Plan and Document Control, Office of Land Development Services (LDS), Fairfax County

DPWES.

12. PROTEST OF AWARD OR DECISION TO AWARD

A. Any bidder may protest the award or the decision to award this Contract by submitting a protest in writing to the Assistant Superintendent, or designee, for the Office of Facilities Services and Capital Programs 8115 Gatehouse Road, Suite 3400, Falls Church, VA 22042, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first; however, that no protest shall lie for a claim that the selected bidder is not a responsible bidder.

The written protest must include the basis for the protest and the nature of the relief sought. The Assistant Superintendent, or designee, for the Department of Facilities and Transportation Services shall issue a decision in writing within ten

(10) days of receipt of the protest, stating the reasons for the action taken.

00100-10 11/23

This written decision shall be final unless the bidder appeals within ten (10) days of receipt of the written decision by instituting legal action as provided in the Code of Virginia.

Nothing in this section shall be construed to permit a bidder to challenge the validity of the terms and conditions of the Invitation to Bid.

B. If, prior to the award, it is determined that the decision to award is arbitrary and capricious, then the sole relief shall be a finding to that effect.

If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided.

Where the award has been made but performance has not yet begun, the performance may be enjoined.

Where the award has been made and performance has begun, the Assistant Superintendent, or designee, for the Department of Facilities and Transportation Services may declare the Contract void upon a finding that the action is in the best interest of the school division.

Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the Contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.

C. Pending final determination of a protest, the validity of the award shall not be affected by the fact that a protest has been filed.

D. An award need not be delayed for the period allowed a bidder to protest, but in the event of a timely protest, no further action to award this Contract will be taken unless the Assistant Superintendent, or designee, for the Department of Facilities and Transportation Services makes a written determination that proceeding without delay is necessary to protect the public interest or that the bid will expire.

13. SUBSTITUTIONS; PRE-APPROVED SUPPLIERS

A. Unless otherwise provided in the bidding documents, the name of a certain brand, make, or manufacturer is intended to restrict bidders to the specific brand, make, or manufacturer specified. Substitute materials proposed as equal to materials specified shall be submitted in writing to the Owner by the bidder with full substantiating data for evaluation no later that ten (10) days prior to bid opening; substitute materials shall not be considered for evaluation after this time period. Proposed substitute materials which equal or exceed the performance standard of the specified materials in the sole judgment of the Owner will be included in an "Approved Substitute Materials Bulletin" to be issued prior to the bid opening date.

00100-11 11/23

B. For purposes of this solicitation and any resulting contract, the Owner’s designation of any one or more manufacturers, subcontractors and/or suppliers as “pre-approved” shall signify only that such manufacturers, subcontractors and suppliers previously have submitted work samples to the Owner that satisfied the Owner’s requirements. The Owner’s designation of any one or more manufacturers, subcontractors and/or suppliers as “pre-approved” shall in no event be deemed or construed to be a representation or warranty on the part of the Owner of any such manufacturer’s, subcontractor’s or supplier’s capability of or capacity for (in terms of financial wherewithal, personnel and equipment availability, managerial ability, product quality or otherwise) performing or furnishing any portion of the Work in accordance with the requirements of this solicitation. Each bidder shall conduct such independent investigation into the qualifications, experience and abilities of its selected manufacturers, subcontractors and suppliers, as it deems appropriate under the circumstances.

14. SMALL AND MINORITY BUSINESS ENTERPRISES

A. The Fairfax County Human Rights Ordinances and relevant Federal and State Laws, orders and regulations require Fairfax County to ensure that its procurement practices are non-discriminatory and promote equality of opportunity for Small, Minority and Women-Owned Business Enterprises.

B. Small Business/Organization is an independently owned and operated business which, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.

C. Minority Business is a business concern that is at least 51 percent owned by one or more minority individuals or in the case of a corporation, partnership or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals. Such individuals shall include Asian American, African American, Hispanic American, Native American, Eskimo or Aleut.

D. Woman-Owned Business is a business concern that is at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership or limited liability company or other entity, at least 51 percent of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women who are U.S.

citizens or legal resident aliens.

15. CONFLICT OF INTEREST

The provisions of the State and Local Government Conflict of Interests Act (Va. Code § § 2.2-3100 et seq.) and Article 6 of the Virginia Public Procurement Act entitled "Ethics in Public Contracting" (Va. Code Ann. § § 2.2-4367 et seq.) are incorporated herein by

00100-12 11/23 reference, and all Bidding Documents shall be deemed to incorporate appropriate reference to these provisions. The Contractor shall incorporate the above conflict-of-interest clause in each subcontract.

16. GOVERNING LAW

A. The Contract Documents shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to conflict of laws principles. In the event that there is a conflict between any provision set forth in the Contract Documents and the Code of Virginia, and specifically Section 2.2- 4300 et seq. (the "Virginia Public Procurement Act"), the Code of Virginia shall control. The Contractor is cognizant of the provisions of the Comprehensive Conflict of Interest Act (Va. Code Ann. Section 2.2-3100 through 2.2-3127) and Article 6 of the Virginia Public Procurement Act entitled “Ethics in Public Contracting” (Va. Code Ann. Section 2.2-4367 through 2.2-4377).

B. Legal Provisions Deemed Included: Each and every provision of any law required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion. The Owner does not discriminate against faith-based organizations.

17. COMPLIANCE WITH LAWS; PERMITS, FEES, AND NOTICES

The successful bidder shall be required to comply with all local, state and federal laws, rules, regulations and ordinances applicable to the contract and to the work contemplated hereby. The successful bidder shall be required to obtain, at its expense, all permits, licenses and other authorizations necessary for the prosecution of the Work, except that the Owner shall obtain, at its expense, the General Building Permit and any easement agreement necessary and indispensable to the completion of the Project. The successful bidder shall be responsible for giving all notices and complying with all laws, ordinances, rules, regulations and directives of any public authority bearing on the performance of the work.

18. CONSTRUCTION SAFETY

A. The Contractor shall comply with the construction safety standards promulgated by the U.S. Department of Labor and by the Virginia Department of Labor and Industry.

00300-1 11/21

SECTION 00300

BID FORM

Name of Bidder:

Bidder’s Mailing Address for Notices:

Bidder’s Principal Office Address:

Telephone No.:

Fax No.:

Email Address:

Bidder’s Designated Contact Person:

TO: FAIRFAX COUNTY SCHOOL BOARD (the “Owner”)

8115 Gatehouse Road, Suite 3400 Falls Church, VA 22042

RE: CHANTILLY HS WALK-IN FREEZER AND COOLER REPLACEMENT PROJECT

Ladies and Gentlemen:

The undersigned Bidder, having examined the Drawings, Specifications and remaining Contract Documents for the above-referenced Project and having visited the site and examined all conditions affecting the Work, hereby proposes and agrees to furnish all labor, supplies, materials, and equipment and to perform all actions necessary to complete the entire Work in strict accordance with the Contract Documents for the following bid amount (to be set forth in words and in figures in the spaces set forth below):

Base Bid Amount:

_______________________________ Dollars and __________________ Cents; $__________

1. Certain Agreements of the Bidder. The undersigned Bidder hereby makes the following representations, warranties and covenants to the Owner, which representations, warranties and covenants are intended to be relied upon by the Owner in making an award of the above-referenced Contract.

A. The undersigned Bidder hereby acknowledges that time is of the essence to the Contract and agrees to commence the Work on the date set forth as the date for commencement of the Work in the Notice to Proceed or, if no such date is

BID FORM SECTION 00300

00300-2 11/21 specified, then immediately after receipt of the Notice to Proceed. The undersigned covenants and agrees to fully complete the Work prior to the expiration of the Contract Period, as such term is defined in the Contract Documents. The undersigned hereby declares that the Contract Period is sufficient to assure timely and satisfactory completion of the Work. The undersigned Bidder acknowledges that, in the event that the Work is not completed within the timeframes established in the Contract Documents, then he will be assessed liquidated damages in the amount set forth in Section 01010, Summary of Work, for each day that the time consumed in completing the Work exceeds the time provided therefor in the Contract Documents.

B. The undersigned Bidder hereby certifies that the Bid Amount includes: (a) all labor, supplies, materials, equipment, and permits required to complete the Work in its entirety in strict accordance with the Contract Documents; (b) all costs associated with the successful bidder’s responsibilities for coordination and cooperation with the Owner and any Separate Contractors at the site of this Project; (c) all costs associated with the successful bidder’s responsibilities with regard to surface and subsurface conditions that may be encountered during performance of the Work; (d) all applicable sales and use taxes; and (e) allowances, if any, contemplated by the Contract Documents.

C. By signing this Bid, the undersigned Bidder hereby certifies that: (i) neither the Bidder nor any employee of the Bidder who will have direct contact with students has been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child; and (ii), unless expressly disclosed in an attachment to this Bid on the Bidder’s letterhead stationery, neither the Bidder nor any employee of the Bidder who will have direct contact with students has been convicted of a crime of moral turpitude.

D. The undersigned Bidder hereby represents and warrants to the Owner that the Bidder: (a) has reviewed and thoroughly understands the scope, terms and conditions set forth in this solicitation; (b) has made due inquiry of the School Board as to the existence of any addenda issued in connection with this solicitation; (c) is satisfied that it has received any and all such addenda and the Bidder has taken the contents thereof into consideration when preparing and submitting this Bid; and (d) accepts full and complete responsibility for the receipt of any and all such addenda and waives any claim of mistake or error in its Proposal based upon its failure, in fact, to have received any one or more addenda.

E. The undersigned Bidder further hereby represents and warrants to the Owner that the Bidder: (a) has been provided the opportunity to conduct, at its expense, such tests and investigations of the site as it deems appropriate under the circumstances in order to evaluate and satisfy itself as to the surface and subsurface conditions likely to be encountered during performance of the Work;

(b) if successful hereunder, shall bear full and complete responsibility for all surface and subsurface conditions, whether known or unknown, reasonably foreseeable or not, that shall be encountered during performance of the Work;

and (c) has included in its bid price an amount that it deems sufficient, in its sole and absolute discretion, to protect such bidder from the additional costs of

00300-3 11/21 performance that it may incur as a result of its assumption of responsibility for all surface and subsurface conditions encountered during performance of the Work.

The Bidder hereby acknowledges that any reports, data, or other materials or information supplied by or on behalf of the Owner and/or the Architect with regard to surface and/or subsurface conditions at the site of the Project were given without representation or warranty as to the accuracy or completeness thereof and that the bidder did not rely upon any such information in tabulating its bid price for the Work.

F. The undersigned Bidder covenants and agrees that in the event this Bid is one of the three lowest, as determined by Owner, Bidder will deliver to the Owner, within 48 hours after the bid opening, a written list of subcontractors (including names, address, and telephone number) for the following portions of the Work:

Electrical Food Service Equipment Plumbing Roofing Mechanical Automatic Temperature Controls Communication and Special Systems Casework

Site and Site Utilities Masonry Structural Steel, Joists and Decks Sprinkler

2. “Preapproved” or “approved” Manufacturers, Subcontractors and/or Suppliers.

A. For purposes of this solicitation and any contract which may result herefrom, the Owner’s designation of any one or more manufacturers, subcontractors and/or suppliers as “preapproved” or “approved” shall signify only that such manufacturers, subcontractors and suppliers previously have submitted work samples to the Owner which satisfied the Owner’s requirements for a specified portion of the Work. The Owner’s designation of any one or more manufacturers, subcontractors and/or suppliers as “preapproved” or “approved” shall in no event be deemed or construed to be a representation or warranty on the part of the Owner of any such manufacturer’s, subcontractor’s or supplier’s capability or capacity (in terms of financial wherewithal, personnel and equipment availability, managerial ability or otherwise) of performing any portion of the Work in accordance with the requirements of the Contract Documents. Each Bidder shall conduct such independent investigation into the qualifications, experience and abilities of its selected manufacturers, subcontractors and suppliers as it deems appropriate under the circumstances.

B. The Contractor hereby acknowledges and agrees that, as between the Owner and the Contractor, the Contractor shall bear full and complete responsibility for the performance of its subcontractors, manufacturers and suppliers, regardless of whether any such subcontractor, manufacturer or supplier was designated as “preapproved” or “approved” by the Owner. The Owner’s designation of any one or more manufacturers, subcontractors and/or suppliers as “preapproved” shall in no event be deemed or construed to be a representation or warranty on the part of the Owner of any such manufacturer’s, subcontractor’s or supplier’s capability or capacity (in terms of financial wherewithal, personnel and equipment availability, managerial ability or otherwise) of performing any portion of the Work in accordance with the requirements of the Contract Documents. The Contractor

00300-4 11/21 is responsible for conducting such independent investigation into the qualifications, experience and abilities of its selected manufacturers, subcontractors and suppliers, as it deems appropriate under the circumstances.

3. Miscellaneous Provisions.

A. In the event that…