821547wtpGlouc.pdf

CONTRACT DOCUMENTS

Spillway Tower Improvements

IFB# 26-028-CJ (REBID)

Gloucester County, Virginia

Department of Public Utilities

March 2026

Prepared by Cornwell Engineering Group, Inc.

712 Gum Rock Court Newport News, Virginia 23606

757-873-1534 3/25/2026

Type text here

Table of Contents - 1

Spillway Tower Improvements

TABLE OF CONTENTS

DIVISION 1 - GENERAL PROVISIONS

Section 101 - Definitions of Terms

I General Definitions 101-1 to 101- 4

Section 102 - Bidding Requirements and Conditions

I Invitation for Bids 102-1 to 102-2 II Gloucester County GeneralTerms and Conditions 102-3 to 102-10 III Gloucester County Special Terms and Conditions 102-11 to 102-19 IV Insurance Requirements 102-19 V Scope of Work 102-19 to 102-21 VI Instructions to Bidders 102-21 to 102-28 VII Bid Form 102-29 to 102-34 VIII Bid Bond 102-34 IX References 102-34 X. Sample Contract 102-34

Attachment 102-A – Labor and Material Payment Bond 102-35 to 102-36 Attachment 102-B – Bid Bond 102-37 Attachment 102-C – Performance Bond 102-38 Attachment 102-D – Reference Page 102-39 to 102-40 Attachment 102-E – Sample Contract 102-41

Section 104 - Scope of Work

I Intent of Agreement 104-1 II Amending and Supplementing Contract Documents 104-1 III Explorations and Reports 104-1 IV Underground Facilities 104-1 to 104-2 V Subsurface Conditions 104-2 to 104-3 VI Site Security 104-3 VII Clean-up, Disposal and Restoration 104-3 to 104-4

Section 105 - Control of Work

I Reuse of Contract Documents 105-1 II Copies of Contract Documents 105-1 III Contract Documents 105-1 IV Shop Drawings and Submittals 105-1 to 105-5 V As-Built/Record Drawings 105-5 to 105-8 VI Access to Project 105-8

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VII Surveys and Reference Points 105-8 VIII Working Hours 105-8 to 105-9 IX Project Coordination 105-9 to 105-11 X Supervision 105-11 XI Uncovering Work 105-11 to 105-12 XII Removal of Unacceptable Work 105-12 XIII Substantial Completion 105-12 to 105-13 XIV Use of Completed Portions 105-13 XV Final Inspection 105-13 XVI Claims 105-13 to 105-15 XVII Engineer’s Status 105-15 XVIII Documentation of Preconstruction Conditions 105-15 to 105-16

Section 106 - Control of Material

I Tests and Inspections 106-1 II Labor, Materials and Equipment 106-1 to 106-2 III Work by Owner 106-2

Section 107 - Legal Relations and Responsibility to the Public

I Permits and Regulations 107-1 II Land, Easements, and Rights-of-Way 107-1 to 107-2 III Protection of Work, Property & Persons 107-2 to 107-4 IV Environmental Stipulations 107-5 to 107-8 V Temporary Facilities 107-8 VI Emergencies 107-8 VII Warranty and Guarantee 107-8 to 107-9 VIII Opening Sections of Projects to Traffic 107-9 IX No Waiver of Legal Rights 107-10

Section 108 - Prosecution and Progress of Work

I Patent Fees and Royalties 108-1 II Taxes 108-1 III Notice to Proceed 108-1 IV Pre-Construction Conference 108-1 V Construction Progress Schedule 108-1 to 108-2 VI Subcontracts 108-2 VII Commencement and Prosecution of Work 108-3 to 108-4 VIII Suspension of Work 108-4 IX Termination of Agreement 108-4 to 108-7 X Liquidated Damages 108-7 to 108-8 XI Separate Contracts by Owner 108-9 XII Indemnification 108-9

Section 109 - Measurement and Payment

I Measurement and Payment Procedures 109-1 to 109-8 II Bid Package 109-8 to 109-12

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III Change Orders 109-12

Section 110 – Special Provisions

I Construction Drawings 110-1 II HRPDC Construction Standards 110-1 III Site Conditions 110-1

TECHNICAL SPECIFICATIONS

Section

200 PRODUCTS 200-1 to 200-2 502 CONCRETE ITEMS 502-1 to 502-3 801 WATER DISTRIBUTION SYSTEMS 801-1 to 801-13

260010 SUPPLEMENTAL REQUIREMENTS FOR ELECTRICAL 260010-1 to 260010-3 260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS 260519-1 to 260519-4

AND CABLES

260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526-1 to 260526-13 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529-1 to 260529-4

260533.13 CONDUITS FOR ELECTRICAL SYSTEMS 260533.13-1 to 260533.13-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553-1 to 260553-6 262213 LOW-VOLTAGE DISTRIBUTION TRANSFORMERS 262213-1 to 262213-5 262416 PANELBOARDS 262416-1 to 262416-10 262726 WIRING DEVICES 262726-1 to 262726-6

262726.37 RECEPTACLES WITH ARC-FAULT AND GROUND-FAULT 262726.37-1 to 262726.37-4

PROTECTIVE DEVICES

262813 FUSES 262813-1 to 262813-2 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 262816-1 to 262816-8

APPENDIX 1: Spillway Tower Dive Inspection Report (Crofton Diving Corporation)-May 10, 2023 [For Informational Purposes Only]

March 2026 101 - 1

SECTION 101

DEFINITIONS OF TERMS

I. GENERAL DEFINITIONS

Wherever used in the Contract Documents, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof:

1.1 Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bid Documents or the Contract Documents.

1.2 Agreement - The written agreement between the Owner and the Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

1.3 Application for Payment - The form provided in the Contract Documents which is to be used by the Contractor in requesting progress and final payments and which is to include such supporting documentation as is required by the Contract Documents.

1.4 Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

1.5 Bid Documents - Documentation issued prior to the bid date, including documentation accompanying the Bid (Drawings, Project Specifications, Addenda, and Special Provisions) and any Post-Bid documentation submitted prior to the Notice of Award.

1.6 Bidder - Any person, firm or corporation submitting a Bid for the Work.

1.7 Bonds - Performance and Payment Bonds furnished by the Contractor and the Contractor's surety in accordance with the Contract Documents.

1.8 Bid Security - Bid Bonds and other instruments of surety, furnished by the Contractor or the Contractor's surety in accordance with the Contract Documents.

1.9 Change Order - A written order to the Contractor authorizing an addition, deletion, or revision in the Work within the general scope of the Contract Documents that authorizes an adjustment in the Contract Price and/or Contract Time, issued on or after the Effective Date of the Agreement.

1.10 Completion Date - The date specified in the Notice to Proceed for final completion of the Work.

1.11 Contaminated Effluent – Effluent from construction dewatering activities that is impacted with contaminants of concern and require special handling in accordance with applicable federal, state, and local regulations.

1.12 Contaminated Groundwater - Groundwater that is impacted with contaminants of concern and require special handling in accordance with applicable federal, state, and local regulations.

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1.13 Contract Documents - The Agreement, including the Bid Documents, Notice of Award, Notice to Proceed, Field Orders, Change Orders, and Modifications.

1.14 Contract Price - The total monies payable to the Contractor under the terms and conditions of the Agreement.

1.15 Contract Time - The number of calendar days stated in the Agreement for the completion of the Work. Calendar days shall be understood to be consecutive.

1.16 Contractor - The person, firm or corporation with whom the Owner has executed the Agreement.

1.17 Day - A calendar day of twenty-four hours measured from midnight to the next midnight. Calendar days shall be understood to be consecutive.

1.18 Defective - An adjective, which when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Owner’s acceptance.

1.19 Drawings - The plans that show the character and scope of the Work to be performed.

1.20 Effective Date of the Agreement - The date indicated in the introductory paragraph of the Agreement.

1.21 Engineer - The person, firm or corporation named as such in the Agreement. In the event the Owner should not require the services of the Engineer, then the powers, duties, and responsibilities conferred in the Contract Documents to the Engineer shall be construed to be those of the Owner.

1.22 Field Order - A verbal or written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer or Owner to the Contractor during construction.

1.23 Final Completion - All work, including punch list items noted at the final inspection, is complete to the satisfaction of the Owner.

1.24 Groundwater Effluent - Groundwater that is pumped from the ground during construction.

1.25 Laws and Regulations - All applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.

1.26 Liens - Liens, charges, security interests or encumbrances upon real or personal property.

1.27 May - The term "may" be permissive.

1.28 Notice - All written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with the Contract Documents. Any written notice by either party to the Agreement shall be sufficiently given if delivered to or at the last known business address of the person, firm or corporation constituting the party to the Agreement, or to his, their, or its authorized agent, representative or officer, or when enclosed in a postage envelope addressed to such last known business address and deposited in a United States mailbox. Notice shall be deemed received within 3 business days of U.S. Mail Service postmark date.

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1.29 Notice to Proceed - A written notice given by the Owner to the Contractor (with a copy to the Engineer, if appropriate) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform its obligations under the Agreement.

1.30 Owner - The public body or authority, corporation, association, firm or person with whom the Contractor has entered into the Agreement and for whom the Work is to be provided.

1.31 Owner's Representative - The person, firm or corporation named by the Owner to act as the Owner’s agent.

1.32 Partial Utilization - Use by the Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

1.33 Project - The entire Work as described in the Contract Documents, including Work that is necessary and incidental to the furnishing of all materials, services, equipment, labor, and supplies required to install, perform, and complete all items of Work in accordance with Contract Documents.

1.34 Reference Standards - Those bulletins, standards, rules, methods of analysis or tests, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time the Project was advertised, unless specifically referred to by edition, volume, or date.

1.35 Responsible Bidder - A person or firm who, in the sole opinion of the Owner, has the capability in all respects, to fully perform the contractual requirements as well as the moral and business integrity and reliability to assure good faith performance.

1.36 Responsive Bidder - A person or firm who has submitted a bid that conforms in all material respects to the Bid Documents.

1.37 Resident Project Representative - The authorized representative of the Engineer or Owner who is assigned to the Project or any part thereof.

1.38 Shall - The term "shall" be mandatory.

1.39 Shop Drawings - All drawings, diagrams, illustrations, schedules, specified design related submittals, and other data or information which are specifically prepared or assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work.

1.40 Special Provisions - Requirements in addition to or modification of the HRPDC Regional Construction Standards.

1.41 Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

1.42 Standard Details - Those portions of the HRPDC Regional Construction Standards consisting of drawings, explanatory of another drawing, indicating in detail and at a larger scale, the design, location, composition and correlation of elements and materials.

1.43 Subcontractor - A person, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

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1.44 Substantial Completion - That date certified by the Owner when the construction of the Project or a specified part thereof is sufficiently completed in accordance with the Contract Documents, including completion of all tests, so that the Project or specified part can be utilized for the purpose for which it is intended.

1.45 Successful Bidder - The lowest, responsible, and responsive Bidder to whom the Owner (on the basis of the Owner's evaluation as hereinafter provided) makes an award.

1.46 Supplier - Any person or organization that supplies materials or equipment for the Work, including that fabricated to a special design.

1.47 Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

1.48 Work - All labor, materials, equipment, transportation, supervision, or other facilities, duties or incidentals necessary for execution and completion of the Project in compliance with the Contract Documents.

End of Section

March 2026 102 - 1

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

I. INVITATION FOR BIDS

Spillway Tower Improvements

IFB 26-028-CJ (REBID)

Date: April 13, 2026

County of Gloucester Central Purchasing Office

6489 Main Street – Suite 324 Gloucester, VA 23061

Phone: (804) 693-6235 Fax: (804) 693-0061

The County of Gloucester is seeking bids from qualified firms (the “Bidder” or “Contractor”) to furnish the goods and/or services described herein. Bids will be received at the office of Central Purchasing, 6489 Main Street, Suite 324, Gloucester, Virginia, 23061, through the due date and hour shown below (local prevailing time).

Project Overview: Gloucester County operates two drinking water treatment plants (WTP) near Beaverdam Creek Reservoir: a 2 mgd Reverse Osmosis WTP and a 2 mgd Conventional WTP. To better control and monitor flows from both the reservoir spillway tower and outfall and from the reverse osmosis concentrate discharge outfall (Virginia DEQ Outfall 001), Gloucester County is seeking bids from qualified and experienced prime contractors to complete the maintenance and new work shown and specified in the Contract Documents. In general, the work includes:

connecting power and controls from the existing Reverse Osmosis Water Treatment Plant through new conduits and handholes to a new chloride meter/monitoring facility at Outfall 001;

a replacement sump pump facility and electrical transformer (480V to 120V) at an abandoned sump pump facility along the toe of Beaverdam Creek Reservoir Dam;

a new flow meter system mounted inside the reservoir spillway outfall pipe;

a new chloride meter system mounted at the RO concentrate discharge Outfall 001;

a replacement gate valve with new electric and manual controllers mounted on the reservoir spillway and accessed through the outfall pipe;

rehabilitation of an existing sluice gate on the exterior of the spillway tower;

a new sluice gate on the interior of the spillway tower;

installation of new cleanouts along the toe drain of the Beaverdam Creek Reservoir Dam; and inspection of the toe drain.

It is anticipated that long conduit runs will be installed by horizontal drilling.

The County will by separate contract provide: pole-mounted NEMA 4X enclosures for power and control equipment at three locations; installation of fiber-optic cables and switches to instrument controller locations, RO building Motor Control Center, and to PLC (through conduits with pull-wires provided under this contract); Programmable Logic Controller and appurtenances near the existing spillway outfall pipe; and communications and programming for SCADA display and control of the meters and actuated valve.

Not included in the separate contract and to be provided by this contract and coordinated with the separate contractor are: all conduit; all power conductors and equipment; handholes; all meters, controllers, and the necessary connections between them and the PLC; and all other work not specifically included in the separate contract described above.

Pre-Bid Conference & Site Visit: A non-mandatory Pre-Bid Conference has been scheduled to be held at the Water Treatment Plant, located at 8214 Reservoir Ridge Road, Gloucester, VA 23061, on April 28, 2026, at 2:00 PM (local time). A site orientation will be afforded to attendees at the conclusion of the Pre-Bid Conference. Questions will be

March 2026 102 - 2 recorded, and answers provided in writing shortly after the Pre-Bid Conference.

Bids Due: May 21, 2026 by 2:00 P.M. (local time).

Questions: Questions or comments regarding this solicitation shall be directed to the Buyer not later than May 5, 2026; 4:00 P.M. (local time). All questions shall be submitted in writing (email is preferred).

Purchasing Officer: Christine Joyce, CPPB, VCA, Purchasing Agent, purchasing@gloucesterva.info, 804-693-1208.

ONE ORIGINAL AND ONE COPY OF YOUR SUBMITTAL IS REQUESTED

Copies of the bid documents may be obtained at the Central Purchasing Office located in County Office Building No. 2, 6489 Main Street, Suite 324, Gloucester, Virginia. You may also download this solicitation at www.gloucesterva.info/purch on the Central Purchasing website and on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). Note: The County of Gloucester does not discriminate against faith-based organizations in accordance with the Code of Virginia § 2.2-4343.1 or against a Bidder or Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

March 2026 102 - 3

II. GLOUCESTER COUNTY GENERAL TERMS AND CONDITIONS

1. Bidder’s Responsibilities

1.1 Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents.

1.2 Visit the Site and become familiar with and satisfy Bidder as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

1.3 Become familiar with and satisfy Bidder as to all federal, state, and local laws and Regulations that may affect cost, progress, and performance of the Work.

1.4 Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for the performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

1.5 Become aware of the general nature of work (if any) to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

1.6 Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data (if any) with the Bidding Documents.

1.7 Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder.

1.8 Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

2. Pre-Bid and Bid Submission Requirements

2.1 Direct contact with anyone other than the Gloucester County Central Purchasing, including other County departments or the County consultants, regarding this Invitation for Bid (also referred to “solicitation” herein) is expressly forbidden. Violation of this directive may result in a determination that the Bidder is ineligible for award.

2.2 All bids shall be submitted sealed with the bid number, date and time clearly marked on the outside of the envelope or package. Electronic transmittals (i.e., fax, email, etc.) will not be considered. Bids received in Central Purchasing after the due date and time will not be accepted. Failure to return required documents and information specified herein may result in a determination that the bid is non-responsive.

2.3 Bids will be publicly opened on the due date and time specified in the Central Purchasing Department.

A bid tabulation will be posted as soon as practical.

2.4 All costs associated with preparing a bid, including any mailing costs, are the Bidder’s responsibility.

2.5 All bids must be signed by an officer or employee having the authority to sign on behalf of the firm.

March 2026 102 - 4

2.6 All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections made in ink. Any corrections must be initialed and dated in ink by the person signing the bid.

Illegible notations may result in a determination that the bid is non-responsive.

2.7 Prices shall be stated in units of quantity specified. No additional charges shall be passed on to the

County, including sales tax, delivery charges or other surcharges. Prices quoted shall be the final cost to the County.

2.8 If the County is closed for business on the due date and time for bids, regardless of reason, bids will be accepted on the next business day of the County, at the originally scheduled time.

2.9 The Terms, Conditions and Specifications in this Invitation for Bids will be incorporated by reference and be part of the contract following award.

2.10 Failure to submit a bid on the official County form(s), as provided herein, and failure to provide an authorized signature on the forms may be cause for rejection of the proposal.

2.11 Submission of a bid is not to be construed as an award.

2.12 A bid by the Bidder certifies that they are not currently debarred or suspended by a local, state, or federal government entity from doing business with the County. If a debarment or suspension exists, supporting information shall be provided with the submittal. Suspension or debarment may disqualify the Bidder from award of a contract.

3. Clarification of Terms/Addenda: If any Bidder has questions about the specifications or other solicitation documents, the Bidder shall contact the buyer whose name appears on the face of the solicitation no later than the due date and time posted on the cover page. Any revisions to the solicitation will be made only by addendum issued by the buyer and posted on the public posting board in Central Purchasing. Addenda shall also be posted on the Central Purchasing website at http://gloucesterva.info/CentralPurchasing and on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov). It is the Bidder’s sole responsibility to ensure they have obtained any and all addenda prior to submittal of their bid.

4. Award

4.1 Award will be made to the lowest responsive and responsible Bidder. The ability, capacity, skill, character, integrity, reputation, judgement, experience, efficiency, ability to perform within the time specified, quality of performance of previous contracts, financial resources, suitability of goods or services to particular purpose and future maintenance and service and any exceptions noted will be taken into consideration in making an award.

4.2 The County may request additional information and make reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall provide the County information and data for this purpose. The County may inspect physical facilities if deemed necessary. The results of investigations and inspections may result in rejection of the bid. In addition, the County reserves the right to conduct any test/inspection deemed necessary to assure goods and services conform to the specifications.

4.3 The County reserves the right to reject any and all bids in whole or in part, to waive any informality and to delete items before making an award. Bidders agree that decisions of the Purchasing Agent are final, and shall hold harmless the County, its departments, directors, employees, and consultants and others involved in solicitation and selection. The submission of a bid indicates acceptance of this condition.

March 2026 102 - 5

4.4 In the event of an error or inconsistency between the unit price(s) and the extension of prices, the unit price(s) shall govern.

4.5 If the bid from the lowest responsive and responsible Bidder exceeds available funds, the Purchasing Agent or designee may negotiate with the apparent low Bidder to obtain a contract price within available funds.

4.6 Award will be based on net prices. Unit prices, extension and grand totals must be shown. However, the Purchasing Agent reserves the right on multiple item procurements to make an award either in whole or in part, whichever is deemed in the best interest of Gloucester County.

4.7 If cash discount for prompt payment is offered, it must be clearly shown in the space provided.

Discounts for prompt payment will not be considered in making awards.

5. Governing Laws and Courts: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia and ordinances of the County of Gloucester, Virginia. Any litigation with respect thereto shall be brought in the courts of Gloucester County, Virginia. The Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations (§ 15.2-1235, Code of Virginia).

6. Anti-Discrimination: By submitting their proposals, Bidders certify they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided;

however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body (§ 2.2-4343.1E, Code of Virginia).

In every contract over $10,000 the provisions in “a” and “b” below apply:

a. During the performance of this contract, the Contractor agrees as follows:

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

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

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements.

b. The Contractor will include the provisions of the foregoing paragraphs 1, 2 and 3 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each sub-contractor or vendor.

7. Ethics in Public Contracting: By submitting their bids, Bidders certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Bidder, supplier, manufacturer or sub-contractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, March 2026 102 - 6 loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

8. Immigration Reform and Control Act of 1986: By submitting their bid, Bidders certify that they do not and shall not during the performance of this contract, knowingly employ any unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, as amended (§ 2.2-4311.1 Code of Virginia).

9. Authorization to Transact Business in Virginia: All Bidders organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50, as amended, shall provide the identification number issued to it by the State Corporation Commission. Any Bidder that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50, as amended, or as otherwise required by law shall include in the proposal a statement describing why the Bidder is not required to be so authorized.

Any business entity that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its Certificate of Authority or Registration to Transact Business in the Commonwealth, if required under Title 13.1 or Title 50, as amended, to be revoked or cancelled at any time during the term of the contract. The County may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section. (§ 2.2-4311.2 Code of Virginia). Visit https://www.scc.virginia.gov/ for more information.

10. Small, Women-Owned, Minority, and Service-Disabled Veteran Owned Business

Requirements: The County of Gloucester desires to facilitate the establishment, preservation, and strengthening of small businesses and businesses owned by women, minority individuals and service-disabled veterans, and employment services organizations, and to encourage their participation in the County’s procurement activities. The County of Gloucester encourages these persons, entities, and firms to compete and encourages non-minority firms to provide for the participation of small businesses and businesses owned by women and minority individuals and service-disabled veterans through partnerships, joint ventures, subcontracts, and other contractual opportunities.

11. Debarment Status: By submitting their bids, Bidders certify that they are not currently debarred by the

Commonwealth of Virginia or any government entity from submitting proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

12. Anti-Trust: By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the County of

Gloucester all rights, title, and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the County of Gloucester under said contract.

13. Mandatory Use of County Forms and Terms and Conditions: Failure to submit a bid on the County document may be a cause for rejection. Modification of or additions to any portion of the solicitation may be cause for rejection of the bid; however, the Purchasing Agent reserves the right to decide on a case-by-case basis, in his/her sole discretion, whether to reject the submittal or find it as nonresponsive. As a precondition of acceptance, the Purchasing Agent may, in his/her sole discretion, request the Bidder withdraw or modify nonresponsive portions of their submittal that do not affect quality, quantity, price, or delivery.

14. Payment:

14.1 Contractor monthly payment requests amounts will be based on the percent complete for each item listed on the bid sheet and must be approved by the County Engineer, or assigned County representative, and a corrected invoice has been submitted to the County before processing.

14.2 Payment terms shall be Net 45 days once the County Project Manager has approved the request for

March 2026 102 - 7 payment and corrected invoice submitted.

14.3 Final Payment: Upon final completion and acceptance of the Work by the County, the County shall pay the remainder of the Contract Sum as recommended by the County Project Manager.

14.4 Late payment charges shall not exceed the allowable rate specified by the Virginia Prompt Payment

Act, (1% per month) (§ 2.2-4352, Code of Virginia).

14.5 Refer to Section 109 (Measurement and Payment) for additional information and clarifications related to payment for work and bid items.

15. Method of Payment: The Contractor will be paid based on the approved invoice submitted to the

Gloucester County Finance Department after delivery and acceptance by the designated County Engineer and/or County representative. All payments will be made in accordance with the Code of Virginia’s Prompt Payment provisions. Code of Virginia §2.2-4347 & 2.2-4352.

16. Drug Free Workplace: During the performance of this contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each sub-contractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

17. Availability of Funds: It is understood and agreed between the parties herein that the County shall be bound hereunder only to the extent of the funds available, or which may hereafter become available “subject to appropriation” by the Board of Supervisors for the purpose of this agreement.

18. Precedence of Terms: The General Terms and Conditions shall apply in all instances. In the event of conflict between any of the General Terms and Conditions and any Special Terms and Conditions, the Special Terms and Conditions shall apply. In the event of a conflict between the contract documents, including these terms and conditions and the terms of a Purchase Order or related document issued by Central Purchasing, the contract documents shall control.

19. Use of Brand Names: Unless qualified by the provision “NO SUBSTITUTE”, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named, but conveys the general style, type, character, and quality of the article desired. Any article which the public body, in its sole discretion, determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. The bidder is required to identify the product clearly and specifically being offered and to provide sufficient descriptive literature, catalog cuts and technical detail to enable the County to determine if the product offered meets the requirements of the solicitation. This is required even if offering the exact brand, make or manufacturer specified. Failure to furnish adequate data for evaluation purposes may result in declaring a bid nonresponsive. Unless the bidder clearly indicates that the item offered is an equal item, such bid will be considered to offer the desired brand name product.

20. Late Bids: To be considered for selection, bids must be received by Central Purchasing (or designated issuing office) by the designated date and hour. The official time used for the receipt of bids is that time on the automated stamp machine in the Central Purchasing Office. Bids received in Central Purchasing after the date and hour designated are non-responsive and will not be considered. The County/School Board is not

March 2026 102 - 8 responsible for delays in the delivery of mail by the U. S. Postal Service, private courier, or any inter-departmental mail distribution. It is the sole responsibility of the bidder to ensure that its bid reaches Central Purchasing by the designated date and hour. If the County is closed for business at the time scheduled for a sealed bid opening, the bids will be accepted and opened on the next business day of the County, at the originally scheduled hour.

21. Qualifications of Bidders: Bidders shall be experienced in the kind of Work to be performed, shall have the necessary equipment therefor, and shall possess sufficient capital to properly execute the Work within the time allowed. Bids received from Bidders who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show that Bidder has the necessary ability, plant, and equipment to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the time specified. A Bid may be rejected if Bidder is already obligated for the performance of other work which would delay the commencement, prosecution, or completion of the Work.

22. Negotiations with the Lowest Bidder: Unless all bids are cancelled or rejected, the County reserves the right granted by § 22-32, Code of the County of Gloucester, Virginia to negotiate with the lowest responsive, responsible bidder to obtain a contract price within the funds available to the department whenever such low bid exceeds the using department's available funds. For the purpose of determining when such negotiations may take place, the term "available funds" shall mean those funds, which were budgeted by the Board for this contract prior to the issuance of the written Invitation for Bids. Negotiations with the low bidder may include both modifications of the bid price and the Scope of Work/Specifications to be performed. The Purchasing Agent shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that negotiations are desired for a lower contract price.

23. Withdrawal of Bid Due to Error: Provisions for withdrawing bids due to error are set forth in Section 102-VI-14 below.

24. Delivery, Transportation and Packaging: Except when otherwise specified herein, all items shall be F.O.B. Destination to any point within the County of Gloucester, Virginia as directed by the ordering department. By submitting their bids, all bidders certify and warrant that the price offered for F.O.B.

Destination includes only the actual freight rate costs at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Except as otherwise specified herein, standard commercial packaging, packing, and shipping containers shall be used. All shipping containers should be legibly marked or labeled on the outside with purchase order number, commodity description, and quantity.

25. Additional Information: The County reserves the right to ask any Bidder to submit information missing from its bid, to clarify its bid, and to submit additional information which the Purchasing Agent deems desirable. By submitting their offers, Bidders certify they understand these terms, and if awarded a contract as a result of this solicitation, they will comply. They also understand that a violation of these terms constitutes a breach of contract.

26. Award Notices: Awards or Decisions to Award shall be posted on the public posting board in Central Purchasing, on the County website at http://gloucesterva.info/CentralPurchasinghttp://www1.gloucesterva.info/CentralPurchasin g/BidResults/tabid/649/Default.aspx and on eVA, Virginia’s eProcurement Portal (www.eva.virginia.gov).

27. Protest of Award or Decision to Award: Any bidder who desires to protest the award or decision to award a contract shall submit such protest in writing to the Purchasing Agent no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. The written protest shall include the basis for the protest and the relief sought. The Purchasing Agent shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final unless the Bidder appeals within ten (10) days by instituting legal action as provided in § 22-60 and § 22-64, Code of the County of Gloucester, Virginia.

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28. Assignment of Contract: A contract shall not be assignable by the Contractor in whole or in part without the written consent of the County.

29. Modification of Contract: Per § 22-14, Code of the County of Gloucester, Virginia, no contract or purchase order may be modified or changed by amendment, change order, or any other agreement without the prior approval of the Purchasing Agent or designee unless (i) such modifications, in the aggregate, do not increase the amount of the contract by more than twenty-five (25) percent of the original amount of the contract or fifty thousand dollars ($50,000), whichever is greater, (ii) such changes are the result of unforeseen circumstances or changed conditions encountered during the progress of the performance of the contract, and

(iii) such changes are directly related to the performance of the contract. Extensions of time to perform a contract may be granted without prior approval of the Purchasing Agent or designee provided such extensions involve no increase in cost to the County. In no event shall the aggregate of all modifications increase the cost of the Contract beyond the appropriated project amount.

30. Default: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Purchasing Agent, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the County may have.

31. Taxes, Fees, and Surcharges: Sales to Gloucester County, Virginia are normally exempt from State sales tax. A State sale and use tax certificate of exemption (Form ST-12) will be issued upon request. Deliveries against this contract shall be free of federal excise and transportation taxes. The County’s Excise Tax Exemption Registration Number is 54-6001312 and the School is 54-6001313. Additionally, no additional fees or surcharges may be passed to the County. This includes but is not limited to any type of fuel surcharge.

32. Cancellation of Contract: The Purchasing Agent reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty and without liability for goods or services which have not been delivered, provided, or ordered as of the date of notice of termination/cancellation, upon 30 days written notice to the Contractor. Any contract cancellation notice shall not relieve the Contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of cancellation. Contractors may request cancellation of their contract, upon 60 days written notice to the County. The Contractor shall be responsible for delivering their goods or services during this period at the contracted price.

33. Contractual Disputes: In accordance with § 22-63, Code of the County of Gloucester, Virginia, claims arising out of this contract, whether for money or other relief, may be submitted to the County of Gloucester, by submitting the claim in writing, with all necessary data and information to substantiate the claim attached to the Purchasing Agent. The Purchasing Agent shall render his/her decision within thirty (30) days. The Contractor may then appeal the Purchasing Agent’s decision to the County Administrator, who shall render a final decision within forty-five (45) days.

34. County Business License: If applicable, the Contractor shall pay for and obtain a County Business License before commencing work. All sub-contractors doing over $25,000 in work shall likewise obtain a business license before commencing work. All Contractors must be licensed to do business within the Commonwealth of Virginia, as required by the Code of Virginia §§ 54.1-1117, 58.1-3714 thru 3715, 58.1-

3703.1 and Code of the County of Gloucester, Virginia, Chapter 5, Article V §§ 5.61-5.63 and Chapter 10, Article I §10-8.

35. Indemnification: To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the County, consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), caused in whole or in part by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, March 2026 102 - 10 abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section. In claims against any person or entity indemnified under this Section by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

36. Independent Contractor: The Contractor and any employees, agents, or other persons or entities acting on behalf of the Contractor shall act in an independent capacity and not as officers, employees, or agents of the County.

37. Non-Exclusive Contract: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. The contract shall not restrict the County from acquiring similar, equal or like goods and/or services from other sources.

38. Records and Inspection: The Contractor shall maintain full and accurate records with respect to all matters covered under this contract, including, without limitation, accounting records, written policies and procedures, time records, telephone records, and any other supporting evidence used to memorialize, reflect, and substantiate charges or fees related to this contract. The Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by the County and its employees, agents, or authorized representatives after giving at least three (3) days’ notice to the Contractor by the County.

The County shall have access to such records from the effective date of this contract, for the duration of the contract, and for five (5) years after the date of final payment by the County to the Contractor pursuant to this contract or any renewal or extension of this contract. The County’s employees, agents or authorized representatives shall have access to the Contractor’s facilities and all necessary records and be provided adequate and appropriate workspace in order to conduct audits.

39. Entire Agreement: The contract resulting from this solicitation and any additional or supplementary documents incorporated herein by reference contain all the terms and conditions…