8-2000004066.pdf

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 “ELECTRONIC SUBMISSION OF BIDS” in the Special Provisions, for additional information.

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.

The County uses eVA - Virginia's online, electronic procurement system, to publicly announce notice of all contract awards in excess of $200,000. In order to announce county contract awards, registration with eVA is necessary. In anticipation of receiving an award, vendors should register by clicking the Register Now link on the eVA website homepage (www.eVA.virginia.gov).

https://fairfaxcounty.bonfirehub.com/ mailto:support.bonfire@eunasolutions.com http://www.eva.virginia.gov)/

IFB 2000004066

SPECIAL PROVISIONS

1. PURPOSE AND INTENT:

1.1. The intent of this solicitation is to obtain sealed competitive bids to furnish all labor, supervision, materials, equipment, tools, transportation, and supplies required to complete approximately sixty (60) isolation valve replacements and four (4) in-line flushing valve replacements for the Lincoln Lewis Vannoy (LLV) System Valve Replacement Project in accordance with all terms, conditions, plans, and specifications contained herein.

1.2. Bidders are advised to read the entire solicitation, as it will become part of the resultant contract.

1.3. Bidders should be mindful of and are responsible for compliance with the following requirements. Reference the following links for more information:

Fairfax County’s Resource Protection Areas:

• https://library.municode.com/HTML/10051/level3/THCOCOFAVI1976_CH118CHBAP ROR_ART1GEPRDE.html

• http://www.fairfaxcounty.gov/dpwes/stormwaterordinance/

• http://www.fairfaxcounty.gov/dpwes/environmental/cbay/

Noise Ordinance:

• https://www.fairfaxcounty.gov/contact/ProgramDetail.aspx?agId=100084

Stormwater Management Ordinance:

• http://www.fairfaxcounty.gov/dpwes/stormwaterordinance

1.4. The following items which are included in this solicitation, shall be incorporated by reference in the resulting contract and become a part of said contract:

• DPMM Cover Sheet

• IFB 2000004066 – Special Provisions

• Appendix A - GCIB

• Attachment A - Forms

• Attachment B – Contractor Qualifications

• Attachment C – Technical Specifications

• Attachment D – LLV System Valve Drawings

Note: Each Bidder must become familiar with the content and incorporate the information contained within them into their bid.

2. REQUIRED DOCUMENTATION:

2.1. Bidders must submit all documents marked “Required” in Bonfire through the Fairfax County Bonfire portal for their bid to be deemed responsive. Bonfire will not allow bids to be submitted unless all required items have been uploaded.

3. PRE-BID CONFERENCE:

3.1. A pre-bid conference will be held on Tuesday, March 24, 2026, at 11:00 A.M. via Microsoft Teams. In order to join participants can register here to enter the meeting. Participants will be asked to wait in the waiting room until the host allows the participants to join the meeting.

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 Invitation for Bid. Bidders may submit any questions pertaining to the IFB, in writing, prior to the pre-bid conference to the contract specialist at nicole.cifci@fairfaxcounty.gov.

4. SITE INSPECTION:

4.1. Each bidder is expected to have become familiar with and take into consideration, site conditions that may affect the work and to check all dimensions at the site.

4.2. Each bidder shall acquaint themselves thoroughly as to the character and nature of the work to be done. Each bidder shall make a careful examination of the site of the work and inform themselves fully as to the difficulties to be encountered in performance of the work, the facilities https://library.municode.com/HTML/10051/level3/THCOCOFAVI1976_CH118CHBAPROR_ART1GEPRDE.html https://library.municode.com/HTML/10051/level3/THCOCOFAVI1976_CH118CHBAPROR_ART1GEPRDE.html http://www.fairfaxcounty.gov/dpwes/stormwaterordinance/ http://www.fairfaxcounty.gov/dpwes/environmental/cbay/ https://www.fairfaxcounty.gov/contact/ProgramDetail.aspx?agId=100084 http://www.fairfaxcounty.gov/dpwes/stormwaterordinance https://events.gcc.teams.microsoft.com/event/4227dac5-268e-415c-a7e5-185665428a3a@a26156cb-5d6f-4172-9d7d-934eb0a7b275 mailto:nicole.cifci@fairfaxcounty.gov for delivering, storing and placing materials and equipment and other conditions relating to construction and labor.

4.3. 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 any problems related to erecting the required systems.

4.4. 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.

4.5. The Contractor must employ such methods or means as will not cause interruption of or interference with the work of any other Contractor, or County personnel at the site.

4.6. Become familiar with the content given by the County, which is the best available data and cannot guarantee accuracy, and incorporate the information contained within them into their bid.

Existing utility structures and appurtenances are shown in accordance with the best available information. The County will not be responsible for the completeness or accuracy thereof nor for any deductions, interpretations or conclusions drawn therefrom. The Contractor shall verify to his own satisfaction by test pit or other means the actual locations of existing utility structures and appurtenances prior to construction in their vicinity.

5. COMMENCEMENT AND COMPLETION OF WORK:

5.1. The County Project Manager shall issue a notice to proceed date following the issuance of a Purchase Order. The Contractor shall initiate work within twenty (20) calendar days after the notice to proceed date. A written notification to commence work will be provided to the County Project Manager a minimum of ten (10) working days in advance. Failure to start within twenty

(20) days will constitute a material breach of the contract, for which the County may terminate the contract for cause.

5.2. After the notice to proceed is issued a preconstruction meeting will be held at the site. The General Contractor and representatives from all subcontractors must attend this meeting. All attendees of the pre-construction conference will be taken on a tour of the jobsite. Contractor staging and material storage areas will be reviewed.

5.3. Any work scheduled for weekends/holidays must be coordinated with and approved by the County Project Manager.

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

5.5. The Project shall be completed within ninety (90) calendar days from issuance of Notice to Proceed (NTP).

6. INTERPRETATION OF BID:

6.1. Please direct any questions pertaining to this solicitation to:

Nicole Cifci, NIGP-CPP, CPPB, VCA, Contract Specialist III Department of Procurement and Material Management 12000 Government Center Parkway, Suite 427 Telephone: (703) 324-2854 Email: nicole.cifci@fairfaxcounty.gov

7. PROCEDURE FOR COMPETITIVE SEALED BIDDING:

7.1. Qualifications: The County will evaluate bids on the basis of a bidder’s qualifications beginning with the low bidder. Bids will remain confidential and closed to the public prior to completion of Qualifications.

mailto:nicole.cifci@fairfaxcounty.gov

7.2. The Contract Specialist may contact bidders during the evaluation of their bids in order to obtain clarification. Clarifications sought will be for the purpose of CLARIFICATION ONLY- no changes will be allowed. The County may request written or oral discussions from bidders to clarify or amplify the material in the qualifications submission. The contents of the qualifications submittal are not subject to negotiation and must be evaluated as submitted.

7.3. Pricing: Bids received will be opened in public at a designated date and time. Pricing will be available to the public.

8. CONTRACT AWARD:

8.1. This contract shall be awarded to the lowest responsive and responsible bidder meeting all requirements of the Invitation for Bid.

NEGOTIATION WITH LOWEST BIDDER:

8.2. 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.”

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

8.4. 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.

9. QUALIFICATIONS CRITERIA:

9.1. The following factors will be used to evaluate Contractor qualifications for this project:

a. References (Attachment B-1)

b. Related Experience (Attachment B-2)

c. Safety Program (Attachment B-3)

d. Contractor Data Sheet (Attachment B-4)

e. Financial Statement (Attachment B-5)

10. CONTRACTOR QUALIFICATION:

10.1. Complete and submit Contractor Qualification Forms (Attachment B1 – B5). The bidder must also attach any additional documentation required as an Attachment to the submission. The attachments shall reference the document and page numbers of this Invitation for Bid to allow for quick reference and evaluation by the County. Bid data must be provided in the same sequence as listed in the Qualification Form. Failure to comply with all bid requirements may be cause for determining the bidder non-responsive.

10.2. REFERENCES – ATTACHMENT B-1:

a. Project references should be provided as listed on Attachment B-1. The County intends to contact all references listed in the bid to establish bidder’s performance in all aspects.

The relationship of the reference to the bidder shall be established and the title of the reference recorded.

10.3. RELATED EXPERIENCE AND OTHER INFORMATION– ATTACHMENT B-2:

a. Provide responses to the requirements listed in Attachment B-2.

10.4. SAFETY PROGRAM HISTORY/ SAFETY VIOLATIONS – ATTACHMENT B-3:

The bidder shall outline its Safety Program and History in Attachment B-3.

10.5. CONTRACTOR DATA SHEET – ATTACHMENT B-4:

a. The bidder shall complete the information listed in Attachment B-4.

10.6. FINANCIAL STATEMENT – ATTACHMENT B-5:

a. The bidder shall provide a financial statement per the requirements listed in Attachment B-5.

11. ELECTRONIC SUBMISSION OF BIDS:

11.1. 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.

11.2. 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.

(Note: it takes an average of 16 minutes to an hour for a response). Therefore, bidders shall take the necessary steps to submit their bids in advance.

11.3. 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.

11.4. 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.

11.5. Each bidder must use the Bid Table functionality provided in the Bonfire portal to submit pricing for their bid. For each line item in the Bid Table, bidders must submit all requested information for that line item (this could include unit pricing, percentage discounts and/or labor rates).

11.6. By executing the Cover Sheet (DPMM32), the bidder acknowledges they have read this solicitation, understand it, and agree to be bound by its terms and conditions.

12. ADDENDA:

12.1. Bidders are reminded that changes to the bid, in the form of addenda, are often issued between the issue date and within five (5) days before the due date. All addenda shall be signed and submitted before the due date/time or must accompany the bid.

12.2. Notice of addenda will be posted on eVA and the Bonfire portal. It is the bidder’s responsibility to monitor the web page for the most current addenda at https://fairfaxcounty.bonfirehub.com/.

12.3. The last day to submit questions to be addressed in the addendum will be addressed in Bonfire under “Questions Due Date”. All questions pertaining to this solicitation shall be submitted to nicole.cifci@fairfaxcounty.gov.

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 63, General Conditions and Instructions to Bidders.

To attend the bid opening Bidders must REGISTER HERE.

13.2. A copy of the record/bid tabulation shall be made available in the DPMM website at http://www.fairfaxcounty.gov/procurement/bid-tab/.

mailto:support.bonfire@eunasolutions.com https://fairfaxcounty.bonfirehub.com/ mailto:nicole.cifci@fairfaxcounty.gov https://events.gcc.teams.microsoft.com/event/ca3b1adf-a9a0-447e-9186-6fd47966ca27@a26156cb-5d6f-4172-9d7d-934eb0a7b275 http://www.fairfaxcounty.gov/procurement/bid-tab/

14. EQUAL PRODUCTS AND SUBSTITUTIONS:

14.1. 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 article desired 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.

14.2. Substitutions Prior to Bid Opening:

a. To obtain such 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;

b. The Bidder's request for approval of any substitution shall include:

1. Complete data substantiating compliance of the proposed substitution with the Contract Documents,

2. Product identification, including manufacturer's name, address and phone number,

3. Manufacturer's literature showing complete product description, performance and test data, and all reference standards,

4. Samples and colors in the case of articles or products,

5. Name and address of similar projects on which the product was used and date of installation,

6. For construction methods, include a detailed description for proposed method and drawings illustrating same, and

7. Itemized comparison of proposed substitution with product or method specified.

c. 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.

14.3. The decision of the County regarding the approval of items for which substitution is requested will be 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.

14.4. 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.

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

14.6. Substitutions will not be considered for approval by the County prior to or after award of the Contract if:

a. The proposed substitution is indicated or implied on shop drawings or product data submittals and has not been formally submitted for approval by the bidder in accordance with the above-stated requirements;

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

14.7. 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.

15. PREVAILING WAGE FOR COUNTY CONSTRUCTION CONTRACTS:

15.1. Effective July 1, 2022, payment of Prevailing Wages shall conform to the Fairfax County Code Chapter 2, Article 3, Payment of Prevailing Wage for Work Performed on County Construction Contracts, Sections 2-3-1 and 2-3-2. The prevailing wage requirement applies for county construction contracts, including maintenance, that are $250,000 or more in value. The Fairfax County link is: https://www.fairfaxcounty.gov/topics/prevailing-wage-ordinance.

15.2. The Department of Labor and Industry (DOLI) list of Prevailing Wage Rates is provided in Attachment F.

16. FAIRFAX COUNTY CONSTRUCTION SAFETY RESOLUTION:

16.1. The Contractor shall comply with the resolution adopted by the Fairfax County Board of Supervisors on December 8, 2003, as amended, please see Attachment E.

17. STATE REGISTRATION OF CONTRACTOR:

17.1. Bidders must have a “Class A” Contractor’s License. Non-Virginia licenses are not acceptable.

17.2. 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 with their bid.

18. BID SECURITY:

18.1. 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.

19. ALTERNATIVE FORMS OF BID SECURITY:

19.1. 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.

19.2. 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.

20. CONTACT FOR ADMINISTRATION:

20.1. In the event a contract is executed with your firm as a result of this solicitation, indicate the person(s) that may be contacted for prompt contract administration in the space provided in Attachment A1.

21. WITHDRAWAL OF BID:

21.1. 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 https://www.fairfaxcounty.gov/topics/prevailing-wage-ordinance 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.

22. BID ACCEPTANCE PERIOD:

22.1. Any bid in response to this solicitation shall be valid for (120) days. At the end of the 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.

23. CONTRACT INSURANCE PROVISIONS:

23.1. 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.

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

a. 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.

b. 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.

c. 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.

23.3. 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.

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

23.5. 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.

23.6. 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.

23.7. 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.

23.8. 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.

23.9. 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.”

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

23.11. 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.

23.12. 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.

23.13. 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.

23.14. 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.

23.15. 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.

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

23.17. 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.

24. BONDS:

24.1. 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 Edition 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 Edition or equivalent.

24.2. 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.

25. ADDITIONAL OR SUBSTITUTE BOND:

25.1. If the County 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 County, the Contractor shall substitute an acceptable bond in such form and sum and signed by such other sureties as may be satisfactory to the County 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.

26. PURCHASE ORDER:

26.1. A purchase order for the items/service listed in this Invitation for Bid 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.

26.2. 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.

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

27. CONSTRUCTION SCHEDULE AND SCHEDULE OF VALUES:

27.1. 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 to the County’s representative for contract coordination.

27.2. Updated construction progress schedule will be provided within 14 calendar days upon the request of the County. The schedule must include timelines for submitting all required submittals prior to work in the field.

27.3. Prior to the first application for payment, submit a proposed schedule of values to the County Project Manager for contract coordination. The schedule of values should accurately reflect the cost of each activity as represented on the construction schedule and the sum of the increments shall total the contract price. The Contractor shall provide documentation to validate the schedule of values to the satisfaction of the County Project Manager.

The County may withhold payments being made to the Contractor for failure to provide an updated schedule.

28. CORRESPONDENCE:

28.1. All communications between the parties relating to details, progress and coordination of the work shall be through the County’s Project Manager and shall be deemed binding only when in writing.

29. PERMITS AND LICENSES:

29.1. 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.

30. IDENTIFICATION:

30.1. Contractor employees, representatives and sub-contractors are required to display company photo identification badges above the waist at all times while on the job site, supplied by the Contractor. Contractor employees, representatives and sub-contractors who arrive at the job site without appropriate identification badges may immediately be dismissed from the job site.

31. REPRESENTATIONS OF CONTRACTOR:

31.1. 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, municipal and department 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.

32. SUPERINTENDENCE BY CONTRACTOR:

32.1. 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’s Project Manager 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.

32.2. Superintendent must be able to communicate in English by both speaking and writing and hold project coordination meetings every two weeks in accordance with the Contract Documents.

32.3. The Contractor will provide written notification to the County Project Manager 2 weeks in advance prior to the superintendent being changed or replaced. The acceptance of the change or replacement of the superintendent must first be approved by the County Project Manager before the Contractor can change or replace their superintendent. The County Project Manager has the right to make sure that the superintendent provided by the Contractor is qualified and may request documentation for verification.

33. POWER OF CONTRACTOR TO ACT IN EMERGENCY:

33.1. 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’s Project Manager as deemed appropriate. The contract must notify the County’s Project Manager immediately after of any actions taken.

33.2. The County’s Project Manager shall approve any compensation claimed by the Contractor due to such extra work.

33.3. Where the Contractor has not taken action but has notified the County’s Project Manager of an emergency threatening injury to persons or damage to the work, or any adjoining property, upon authorization from the County’s Project Manager to prevent such threatened injury or damage, the County’s Project Manager 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 45 hereof for the determination of compensation to be paid for extra work.

34. PLANS AND SPECIFICATIONS – INTERPRETATIONS:

34.1. The Contractor shall keep at the site of the work, one copy of the plans and specifications and shall at all times give the County’s Project Manager 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’s Project Manager shall govern. Also, any discrepancy between the figures and drawings shall be submitted by the Contractor to the County’s Project Manager whose decision shall be conclusive.

35. USE OF PREMISES:

35.1. The Contractor shall confine 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 Project Manager. 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.

35.2. 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 Project Manager.

35.3. It is the responsibility of the Contractor to report in writing, to the County’s Project Manager any damages found prior to any work at the site.

36. PROTECTION OF WORK AND PROPERTY:

36.1. The Contractor shall protect the County’s property from injury or losses in connection with this contract at all times. 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.

37. STORAGE OF MATERIALS:

37.1. Materials shall be stored so as 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 so as 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 or lessee.

37.2. Contractor shall keep all materials stored onsite within the proposed staging areas indicated in Contract Drawings.

38. STANDARD PRODUCTS:

38.1. 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’s Project Manager, 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’s Project Manager and at the expense of the Contractor.

39. ALL WORK SUBJECT TO CONTROL OF COUNTY’S PROJECT MANAGER:

39.1. In the performance of the work, the Contractor shall abide by all orders, directions and requirements of the County’s Project Manager and shall perform all work to the satisfaction of the County’s Project Manager and at such times and places, by such methods and in such manner and sequence as he may require. The County’s Project Manager 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’s Project Manager objects and shall remove no plant, materials, equipment or other facilities from the site of the work without the County’s Project Manager's permission. The County’s Project Manager shall confirm in writing, any oral order, direction, requirement or determination.

40. COUNTY’S PROJECT MANAGER'S CONTROL NOT LIMITED:

40.1. 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.

41. INCOMPETENT OR DISORDERLY EMPLOYEES:

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

42. WORKMANSHIP:

42.1. 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’s Project Manager at whatever time the inferior work or materials may be discovered.

42.2. 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’s Project Manager may effect removal of the inferior work or materials and the expense shall be charged to the Contractor. Such expense 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 perfect and complete in satisfactory working condition.

42.3. The Contractor expressly undertakes at his own expense:

a. to effect 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’s Project Manager 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.

43. CHANGES AND ALTERATIONS:

43.1. 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’s Project Manager appear advisable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the County’s Project Manager.

44. NECESSARY DETAILS NOT SPECIFICALLY MENTIONED:

44.1. Any and all work that may be called for in the specifications and not shown on the plans, or shown on the plans and not called for in the specifications, shall be furnished and executed by the Contractor as if designated. The Contractor shall furnish all required work or material which is not denoted in the plans and specifications either directly or indirectly, but which is necessary for project.

45. EXTRA WORK:

45.1. The County may require the performance of extra work and/or changes as necessary or desirable, at any time, by a written order and without notice to the sureties.

45.2. The amount of compensation to be paid to the Contractor for any extra work shall be determined by unit prices, or by a lump sum mutually agreed upon by the County and the Contractor.

45.3. A change proposed must be submitted within ten (10) days from the request for a proposal to change, add or delete work.

45.4. The Contractor's proposal shall be on a lump sum basis and shall be itemized and segregated by labor, materials and equipment for the various components of the change in the work (no aggregate labor total will be acceptable) and shall be accompanied by signed proposals of any subcontractors who will perform any portion of the change in the work and of any persons who will furnish materials or equipment for incorporation therein.

45.5. The portion of the proposal relating to labor, whether by the Contractor's forces or the forces of any of its subcontractors, may include reasonable anticipated gross wages of job site labor including foremen, who will be directly involved in the change in the work (for such time as they will be so involved), plus payroll costs (including premium costs of overtime labor, if overtime is authorized, Social Security, Federal or State unemployment insurance taxes and fringe benefits required by collective bargaining agreements entered into by the Contractor or any such subcontractor in connection with such labor).

45.6. The portion of the proposal relating to material may include the reasonable anticipated costs to the Contractor or to any of its Sub-contractors of materials to be purchased for incorporation in the change in work, plus transportation and applicable sales or use taxes.

45.7. The proposal may further include the Contractor's and any of his/her subcontractor's reasonable anticipated rental costs, except small hand tools, in connection with the change in the work (either actual rates or discounted local published rates).

45.8. Base cost is defined as the total of labor, material and rental in the original contract. The actual net cost in money to the County for the change in the work shall be computed as follows:

a. If the Contractor performs the change in the work, his/her compensation will be the Base Costs as described above, plus a maximum mark-up of ten percent (10%) of the base cost for overhead and profit.

b. If the work is performed by a bona fide subcontractor, his/her compensation will be the base costs as herein described plus a maximum mark-up of fifteen percent (15%) of the base cost for overhead and profit. The Contractor's compensation will be a maximum mark-up of five percent (5%) of the subcontractor's base cost for his/her overhead and profit.

c. If the work is…