Attachment 1 - IFB 64397.pdf

City of Fairfax, Virginia

Office of Procurement Services 10455 Armstrong Street Fairfax, Virginia 22030

Title Streetlight Installation, LED, Fairfax City Historic District

Invitation for Bid IFB 64397

Commodity Code 91232, Construction, Street Lighting

Procurement Officer David Kundid david.kundid@fairfaxva.gov

Issue Date April 26, 2024

Questions Deadline May 10, 2024 at 1:00 PM

Due Date/Time May 22, 2024 at 1:00 PM

PAPER OR HAND-DELIVERED BIDS WILL NOT BE ACCEPTED IN RESPONSE TO THIS

SOLICITATION. ALL BIDS MUST BE SUBMITTED ELECTRONICALLY VIA THE VIRGINIA

PROCUREMENT SITE WHICH CAN BE FOUND AT HTTPS://EVA.VIRGINIA.GOV. ANY

ASSISTANCE SUBMITTING BIDS THROUGH THIS SYSTEM MUST BE DIRECTED SOLEY

TO EVA SUPPORT/HELPDESK.

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

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

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

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

IFB 64397

1. PURPOSE

2. SCOPE OF WORK

3. OPTIONAL PREBID CONFERENCE

4. PROJECT OVERVIEW

5. SPECIFICATION – STREETLIGHT PRODUCTS AND PHASE 2 MAP

6. GENERAL REQUIREMENTS

7. CONTRACT TERM

8. BID SUBMISSION

9. REQUIRED BIDDER QUALIFICATIONS

10. PRICING

11. AWARD

12. RENEWAL OF CONTRACT

13. BID ACCEPTANCE PERIOD

14. PROMPT PAYMENT DISCOUNTS

15. PURCHASE ORDER

16. APPLICABLE LAWS AND COURTS

17. ANTI-DISCRIMINATION

18. ETHICS IN PUBLIC CONTRACTING

19. IMMIGRATION REFORM AND CONTROL ACT OF 1986

20. DEBARMENT STATUS

21. ANTITRUST

22. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS

23. CLARIFICATION OF TERMS

24. PAYMENT

25. UNREASONABLE CHARGES

26. PRECEDENCE OF TERMS

27. QUALIFICATIONS OF BIDDERS

28. ASSIGNMENT OF CONTRACT ........................................................... Error! Bookmark not defined.1

29. CHANGES OF THE CONTRACT

30. DEFAULT

31. TAXES ............................................................................................. Error! Bookmark not defined.12

32. INSURANCE

33. ANNOUCEMENT OF AWARD

34. DRUG-FREE WORKPLACE

35. NONDISCRIMINATION OF CONTRACTORS

36. AVAILABILITY OF FUNDS

37. COOPERATIVE PROCUREMENT

38. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH

39. AUDIT

40. INDEMNIFICATION

41. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER

42. E-VERIFY PROGRAM

43. LEGAL ACTION

44. WITHDRAWAL OF BID DUE TO ERROR

45. TERMINATION OF CONTRACTS

SPECIAL TERMS AND CONDITIONS

1. LAWS AND REGULATIONS

2. CONTRACTOR’S LICENSE:

3. BUILDING PERMIT

4. PROHIBITION OF ALCOHOL AND OTHER DRUGS

5. TIME FOR COMPLETION

6. CONDITIONS AT SITE

7. CONTRACT SECURITY

8. SUBCONTRACTS

9. SEPARATE CONTRACTS

10. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

11. TAXES, FEES AND ASSESSMENTS

12. ARCHITECT/ENGINEER’S STATUS

13. INSPECTION

14. SUPERINTENDENCE BY CONTRACTOR

15. CONSTRUCTION SUPERVISION, METHODS AND PROCEDURES

16. SCHEDULE OF THE WORK

17. SCHEDULE OF VALUES AND CERTIFICATE FOR PAYMENT

18. ACCESS TO WORK

19. SURVEYS AND LAYOUT

20. PLANS AND SPECIFICATIONS

21. SUBMITTALS AND PROJECT RECORDS

22. FEES, SERVICES AND FACILITIES

23. EQUALS

24. AVAILABILITY OF MATERIALS

25. CONTRACTOR’S TITLE TO MATERIALS

26. STANDARDS FOR MATERIALS INSTALLATION & WORKMANSHIP

27. WARRANTY OF MATERIALS AND WORKMANSHIP

28. USE OF SITE AND REMOVAL OF DEBRIS

29. TEMPORARY ROADS

30. SIGNS

31. PROTECTION OF PERSONS AND PROPERTY

32. CLIMATIC CONDITIONS

33. PAYMENTS TO CONTRACTOR

34. PAYMENTS TO SUBCONTRACTORS:

35. CHANGES IN THE WORK

36. EXTRAS

37. CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT

38. OWNER’S RIGHT TO TERMINATE THE CONTRACT FOR CAUSE

39. TERMINATION BY OWNER FOR CONVENIENCE

40. DAMAGES FOR DELAYS; EXTENSION OF TIME

41. INSPECTION FOR SUBSTANTIAL COMPLETION & FINAL COMPLETION

42. GUARANTEE OF WORK AND INDEMNIFICATION

43. ASSIGNMENTS

44. CONTRACTUAL DISPUTES

45. PROJECT MEETINGS

46. DEFINITIONS

1. PURPOSE: The intent of this solicitation is to establish a term contract for the City of Fairfax, VA Historic District Illumination Initiative.

2. SCOPE OF WORK:

The Old Town Historic District is a key social and economic center for the City of Fairfax. Safely delivering and managing pedestrian traffic throughout the Historic District is an essential component. To-date, the Historic District has been illuminated via a system of lamps fed by natural gas with glowing mantles. This existing system provides a genuinely historic ambiance, but it is now aging and lacking sufficient illumination ability. After detailed study of the options, the City has selected a new LED driven lamp and pole combination to provide illumination throughout the Historic District. As the new LED streetlights are installed, the City will retire and permanently remove the gas lamps.

Phase 1 of the Project focused on:

• Main Street frontages between Chain Bridge Road and East Street

• Chain Bridge Road between Main and North Streets.

• East Street between Main Street and Sager Avenue

• Sager and University parking lot frontages

Phase 1 was completed during the fall of 2023.

3. PROJECT OVERVIEW – Phase 2 // North Street:

The North Street phase of work will place 40 new LED streetlights along:

• The rights-of-way frontages of North Street from West Street to Blenheim Boulevard

• Blenheim Boulevard between North and Main Streets,

• The rights-of-way frontages of the Mayfair residential development (located at East and Main Streets)

• Sager Ave to complete gas lamp conversion work between University Drive and East Street.

This IFB requests review and cost quotations for three categories of streetlight implementation tasks:

1) Infrastructure construction consisting of the placement of new conduit, splice vaults, and concrete streetlight foundations.

2) Electrical cable placement, splicing and connectivity work required to energize the streetlights, following the circuit paths shown on the plans. The streetlight electrical circuits will originate at existing City-managed traffic signal cabinets. The conduit path for these electrical circuits will consist of a combination of existing City conduits and new conduits placed as part of this project.

3) Overall installation work will consist of the required cable placement, streetlight pole and lamp placement, cable terminations at the traffic signal cabinet and lights, and final turnover inspections.

The infrastructure to be placed consists of:

1) Spans of 2-inch, PVC conduit placed either along the back of curb in the sidewalk or in the roadway adjacent to the curb/gutter pan.

2) 12”x12” cable splice vaults placed adjacent to the new lights for electrical terminations

3) Concrete streetlight foundations of either 19” or 16” diameter as specified on the plan sheets. The design for the foundations is provided with the plan sheets.

4) In limited locations, as necessary due to clearance issues, the streetlight pole placed may be of the direct-bury version. That pole specification is also provided with the plans.

The streetlights will be owned and maintained by the City. They will be energized from the traffic signal cabinet power sources identified. The design for the new electric circuits for the streetlights will be coordinated with the City’s Sign and Signal Group.

4. SPECIFICATIONS – STREETLIGHT PRODUCTS & PHASE 2 MAP

Refer to Attachment 3 – Product Version Configurations and Phase 2 Map for product information, specifications, and installation locations. This plan set is titled “CITY OF FAIRFAX – North St Phase – Gas Lamp-to-LED Streetlight Conversions / Poles and Conduit Alignment and Design”, dated 12/12/23, for detailed routing and design information associated with the tasks required.

This plan set presents the following information:

1) Notes – General Notes and infrastructure components description covering trench requirements, conduit, vertical and horizontal separation, conflict resolution, existing conditions locating, restoration, etc.

2) Trench Routing – Presents the alignment of the streetlight conduit relative to the existing conditions and electric circuit termination points for the cable throughout the scope of this phase of work.

3) LED streetlight specification sheets for lamp and poles used by the project. The sheets provide the approved vendor designs for the lamps and poles which have been purchased by the City for this project.

4) The last sheet of the plan set provides the concrete foundation designs for the 19-inch and 16-inch diameter foundations. These foundation designs have been prepared specifically for the streetlights to be installed, based upon the selected lamp and accessories to be placed on the pole.

5. GENERAL REQUIREMENTS:

1) The Contractor shall furnish all labor and equipment necessary for the installation of streetlights.

2) The Contractor shall install all electrical equipment in accordance with the instructions of the manufacturer.

3) The work shall be done in strict compliance with federal, state, and local laws, regulations, codes, and ordinances governing this class of work.

4) The Contractor shall provide the adequate measures to protect their work area during installation.

5) The Contractor shall provide proper traffic control in accordance with standards established by the VDOT in the WAOM. All flagging work will require a Virginia Intermediate Work Zone Certification.

6) Contractor shall be responsible for cleaning up and disposing of any material, dirt, gravel, broken concrete or asphalt which is remaining as part of this work. Contractor shall be responsible for removing the pole if the pole is still on-site. Contractor shall be responsible for properly disposing of all waste material.

6. OPTIONAL PREBID CONFERENCE: Bidders interested in viewing the project site must the

Procurement Officer no later than May 6, 2024.

7. CONTRACT TERM: The term of the contract shall begin upon award. The initial term shall be for one (1) year. This contract may be renewed by the City upon written agreement of both parties for up to four (4) annual extensions, under the terms of the current contract, and at a reasonable time (approximately 90 days) prior to the expiration.

8. BID SUBMISSION: Sealed Bids shall be received and time stamped online through the Eva website, no later than “Bid Closing” and will be publicly posted, following the Bid Closing. Bidders are responsible for ensuring its submission prior to Bid Closing. The time a Bid is received shall be determined by the time stamp on the Bid receipt by the time clock on the Eva Sourcing and Contracting website. The City of Fairfax is not responsible for any technical difficulties which may result in the Bidders response not uploading in time, or any responses that are not properly uploaded. Late bids will not be accepted. The City will not receive any bids in person and paper bids will not be accepted. Any paper bids received will be not be considered and will be returned, unopened, to the bidder. Bids received after the Bid Closing shall not be considered. Conditional bids may be rejected in whole or in part.

9. REQUIRED BIDDER QUALIFICATIONS:

To be considered, bidders must meet to the following qualifications:

1) Bidders shall have at least five (5) years of experience (as the same corporate entity) installing streetlights in the municipal rights-of-way covering the scope of work described in this IFB.

2) Bidders shall provide a detailed description and client point of contact for three (3) reference projects completed in the last twelve (12) months within the Greater DC Area installing streetlights in the municipal rights-of-way.

10. PRICING:

Bidders shall complete and submit Attachment 4 – Price List. The Price List is a Unit Cost sheet for the expected construction components required to complete this second phase of the project. All Unit Costs quoted are pursuant to the initial term and subsequent renewals. These unit costs will be used to agree upon incremental cost adjustments in the event that changes to the Lump Sum Price are deemed necessary by the City. Items quoted on change requests that are not on the Unit Cost list submitted with this response will be priced consistently with those on the Units Cost list, and such new Unit Costs and associated change order quotations will be approved by the City prior to commencement of any work.

PLEASE NOTE: THE CITY OF FAIRFAX WILL PURCHASE THE LED STREETLIGHT LAMPS AND POLES FOR THIS PROJECT. THEY WILL BE PROVIDED TO THE SELECTED CONTRACTOR WHEN THE PROJECT

IS READY FOR INSTALLATION.

11. AWARD: An award will be made to the lowest responsive and responsible bidder. Evaluation will be based on net prices. Unit prices, extensions and grand total must be shown. In case of arithmetic errors, the unit price will govern. 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. The City reserves the right to reject any and all bids in whole or in part, to waive any informality, and to delete items prior to making an award. The Purchasing Agent reserves the right to make award on all items in the aggregate or on any of the items on an individual basis, whichever is in the best interest of the City.

12. RENEWAL OF CONTRACT: This contract may be renewed by the City for four (4) successive one-year periods under the terms and conditions of the original contract except as stated below. Price increases may be negotiated only at the time of renewal. Written notice of the City’s intention to renew shall be given approximately 90 days prior to the expiration date of each contract period.

a. If the City elects to exercise the option to renew the contract for an additional one-year period, the contract price(s) for the additional one year shall not exceed the contract price(s) of the original contract increased/decreased by more than the percentage increase/decrease of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

b. If during any subsequent renewal periods, the City elects to exercise the option to renew the contract, the contract price(s) for the subsequent renewal period shall not exceed the contract price(s) of the previous renewal period increased/decreased by more than the percentage increase/decrease of the CPI-U section of the Consumer Price Index of the United States Bureau of Labor Statistics for the latest twelve months for which statistics are available.

13. BID ACCEPTANCE PERIOD: 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 canceled.

14. PROMPT PAYMENT DISCOUNTS: The City will pay within 30 days after acceptance and receipt of a proper invoice. A prompt payment discount offered for prompt payment of (15) calendar days or longer will be calculated in determining net low bid.

15. PURCHASE ORDER: City purchases are authorized only if the city issues a Purchase Order in advance of the transaction, indicating that the city has sufficient funds to pay for the purchase. If the Contractor provides goods or services without a city purchase order, it does so at its own risk and expense. The city is not liable for payment for any purchases made by its employees that are not authorized by the City Purchasing Agent.

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

16. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

17. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the City that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

1. During the performance of this contract, the contractor agrees as follows:

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

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

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

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

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

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

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

19. IMMIGRATION REFORM AND CONTROL ACT OF 1986: The Contractor certifies that the

Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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

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

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

22. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS: Failure to submit a bid on the official City form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid;

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

23. CLARIFICATION OF TERMS: If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the Purchasing agent whose name appears on the face of the solicitation no later than five working days before the due date.

Any revisions to the solicitation will be made only by addendum issued by the Purchasing Agent.

24. PAYMENT:

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

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

c. Invoices shall be submitted to:

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

25. UNREASONABLE CHARGES. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed.

In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be resolved in accordance the Fairfax City Purchasing Resolution.

26. PRECEDENCE OF TERMS: The following General Terms and Conditions, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

27. QUALIFICATIONS OF BIDDERS: The City may make such 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 furnish to the City all such information and data for this purpose as may be requested. The City reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The City further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

28. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the City.

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

30. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the City, 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 City may have.

31. TAXES: Sales to the City are normally exempt from State sales tax. State sales and use tax certificates of exemption, Form ST-12, will be issued upon request. Deliveries against this contract shall usually be free of Federal excise and transportation taxes. The City’s excise tax exemption registration number is A-212973.

32. INSURANCE: By signing and submitting a bid or proposal under this solicitation, the bidder or offeror certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. The bidder or offeror further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all insurance coverage will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $$1,000,000

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate.

Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The City of Fairfax shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Contractor must assure that the required coverage is maintained by the Contractor (or third-party owner of such motor vehicle.)

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

34. 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 http://www.eva.state.va.us/ 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 subcontractor 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.

35. NONDISCRIMINATION OF CONTRACTORS: A bidder, offeror, or contractor shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the bidder or offeror employs ex-offenders unless the City has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the City shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

36. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the City shall be bound hereunder only to the extent that the City Council has appropriated funds that are legally available or may hereafter become legally available for the purpose of this agreement.

37. COOPERATIVE PROCUREMENT: Bidders are advised that the resultant contract(s) may be extended, with the authorization of the Bidder, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing and payment. The City of Fairfax acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your bid.

It is the Contractors responsibility to notify the public body(s) of the availability of the contract(s).

Other public bodies desiring to use this contract must make their own legal determination as to whether the use of this contract is consistent with their laws, regulations, and other policies.

Each public body has the option of executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body. The City of Fairfax shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Contractor.

38. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH: A contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law. Any business entity described above that enters into a contract with a public body pursuant to the Virginia Public Procurement Act shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

39. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by the City of Fairfax, whichever is sooner. The City and/or its authorized agents, shall have full access to and the right to examine any of said materials during said period.

40. INDEMNIFICATION: Contractor agrees to indemnify the City of Fairfax, its officers, agents, and employees for any loss, liability, cost, or reasonable settlement cost incurred as a result of any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the contractor/any services of any kind or nature furnished by the contractor, provided that such liability is not attributable to the sole negligence of the city or to failure of the city to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

41. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER: Pursuant to Code of Virginia, §2.2-4311.2 subsection B, a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 is required to include in its bid or proposal the identification number issued to it by the State Corporation Commission (SCC). Any bidder or offeror 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 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized. Indicate the above information on the SCC Form provided. Contractor agrees that the process by which compliance with Titles 13.1 and 50 is checked during the solicitation stage (including without limitation the SCC Form provided) is streamlined and not definitive, and the Commonwealth’s use and acceptance of such form, or its acceptance of Contractor’s statement describing why the bidder or offeror was not legally required to be authorized to transact business in the Commonwealth, shall not be conclusive of the issue and shall not be relied upon by the Contractor as demonstrating compliance.

42. E-VERIFY PROGRAM: Pursuant to Code of Virginia, §2.2-4308.2., any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with the City to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions shall be debarred from contracting with the City for a period up to one year. Such debarment shall cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

43. LEGAL ACTION:

No bidder, offeror, potential bidder or offeror, or contractor shall institute any legal action until all statutory requirements have been met.

44. WITHDRAWAL OF BID DUE TO ERROR:

The bidder shall give notice in writing of his claim of right to withdraw his bid writing two business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice.

45. TERMINATION OF CONTRACTS: Contracts will remain in force for full periods specified and/or until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless:

Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or upon termination by the City for Convenience or Cause.

Extended upon written authorization of the Purchasing Agent and accepted by Contractor, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms.

TERMINATION FOR CONVENIENCE: A contract may be terminated in whole or in part by the City in accordance with this clause whenever the Purchasing Agent shall determine that such a termination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor at least five (5) working days prior to the termination date of a Notice of

Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services.

TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his or her obligations under this contract, or if the Contractor violates any of the covenants, agreements, or stipulations of this contract, in addition to the City’s remedies under the contract and all other rights available at law or in equity, the City shall have the right to immediately terminate this contract. Such termination shall be effected by delivering a notice of termination to the Contractor at any time specifying the effective date of such termination. In such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of contract by the Contractor for the purpose of set off until such time as the exact amount of damages due to the City from the Contractor is determined.

SPECIAL TERMS AND CONDITIONS

1. LAWS AND REGULATIONS

a. The Contractor shall comply with the Virginia Uniform Statewide Building Code and all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work and shall give all notices required thereby. The Contractor shall assure that all Subcontractors and tradespeople who perform Work on the Project are properly licensed by the Department of Professional and Occupational Regulation as required by Title 54.1, Chapter 11, and Article 1 of the Code of Virginia and by applicable regulations.

b. This Contract and all other contracts and Subcontracts are subject to the provisions of

Article 3, Chapter 4, Title 40.1, Code of Virginia, relating to labor unions and the “right to work.” The Contractor and its Subcontractors, whether residents or nonresidents of the Commonwealth, who perform any Work related to the Project shall comply with all of the said provisions.

c. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By signing the bid, the Contractor certifies that it does not and shall not during the performance of this Contract knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986, or otherwise violate its provisions.

d. E-VERIFY PROGRAM: Pursuant to Code of Virginia, § 2.2-4308.2, any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with the City of Fairfax to perform work or provide services pursuant to such contract shall register and participate in the E-Verify program to verify information and work authorization of its newly hired employees performing work pursuant to such public contract. Any such employer who fails to comply with these provisions may be debarred from contracting with the City of Fairfax for a period up to one year. Such debarment may cease upon the employer’s registration and participation in the E-Verify program. If requested, the employer shall present a copy of their Maintain Company page from E-Verify to prove that they are enrolled in E-Verify.

e. In performing the Work under this Contract, the Contractor shall comply with the provisions of all rules and regulations governing safety as adopted by the Safety Codes Commission of the Commonwealth of Virginia and as issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia. Inspectors from the Department of Labor and Industry shall be granted access to the Work for inspection without first obtaining a search or administrative warrant.

2. CONTRACTOR’S LICENSE: Class A contractor’s license required.

3. BUILDING PERMIT: The City of Fairfax, codes or zoning ordinances apply to Work at the Site. The

Building Permit will be obtained and paid for by the Owner. All other permits, local license fees, business fees, taxes, or similar assessments imposed by the City and the Department of Environmental Quality shall be obtained and paid for by the Contractor.

a. The Contractor shall include in each of its Subcontracts a provision requiring each Subcontractor to include or otherwise be subject to the same payment and interest requirements in Section 33 of these General Conditions with respect to each lower-tier Subcontractor and Supplier.

b. If the Contractor violates laws or regulations that govern the Project, the Contractor shall take prompt action to correct or abate such violation and shall indemnify and hold the Owner harmless against any fines and/or penalties that result from such violation. The Contractor also shall indemnify and hold the Owner harmless against any third-party claims, suits, awards, actions, causes of action or judgments, including but not limited to attorney’s fees and costs incurred thereunder, that arise or result from Contractor’s violation of laws or regulations.

c. If the Work includes any land-disturbing activities, the Contractor shall have on-Site an individual certified by the Department of Environmental Quality as a Responsible Land Disturber in accordance with Code of Virginia, § 62.1-44.15:51.

d. The Contractor is neither required nor prohibited from entering into or adhering to agreements with one or more labor organizations, or otherwise discriminating against Subcontractors for becoming or refusing to become, or remaining signatories to or otherwise adhering to, agreements with one or more labor organizations. This section does not prohibit Contractor or Subcontractors from voluntarily entering into agreements with one or more labor organizations. Both the City and Contractor are entitled to injunctive relief to prevent any violation of this section.

This section does not apply to any public-private agreement for any construction in which the private body, as a condition of its investment or partnership with the City, requires that the private body have the right to control its labor relations policy and perform all work associated with such investment or partnership in compliance with all collective bargaining agreements to which the private party is a signatory and is thus legally bound with its own employees and the employees of its contractors and subcontractors in any manner permitted by the National Labor Relations Act, 29 U.S.C. § 151 et seq., or the Railway Labor Act, 45 U.S.C. § 151 et seq.

This section does not prohibit an employer or any other person covered by the National Labor Relations Act or the Railway Labor Act from entering into agreements or engaging in any other activity protected by law.

This section shall not be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act or the Railway Labor Act.

4. PROHIBITION OF ALCOHOL AND OTHER DRUGS

The Contractor shall establish a written policy to maintain and enforce a drug-free workplace, to specify actions that will be taken against persons for violations of the policy, and to require that such policy be binding on each of its employees, Subcontractors, and Suppliers performing Work of the Contract.

The Contractor’s policy shall prohibit the following acts by all Contractor, Subcontractor, and Supplier personnel at the Site:

The manufacture, distribution, dispensation, possession, or use of a controlled substance or marijuana, except possession and medically prescribed use of prescription drugs; and the impairment of judgment or physical abilities due to the use of a controlled substance or marijuana, including impairment from prescription drugs.

The Contractor shall post a copy of this policy in a conspicuous place at the Site and assure that all personnel, including potential hires, are advised of the policy. A violation of this policy will be recognized as a breach of Contract and may result in termination of the Contract.

The Contractor shall include in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace.

The Contractor shall include the foregoing provisions as binding upon each Subcontractor and Supplier in every subcontract or purchase order over $10,000.

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 in accordance with this chapter, 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.

5. TIME FOR COMPLETION

a. The City shall issue the Contractor a Notice to Proceed after a formal pre-construction meeting has been held. Such pre-construction will be scheduled at a time and place that is mutually agreeable to the Contractor and City staff. The City would like to commence construction work shortly after the July 4th holiday. The pre-construction meeting and resulting formal Notice to Proceed will be completed by Friday, June 21st. The Contractor shall complete the installation within eight (8) weeks. The Contractor shall achieve Substantial Completion on or before the eight (8) week period. Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) Days after the Contract Completion Date.

Work performed in future phases will follow the same schedule.

b. The Contractor acknowledges and agrees that the Owner is relying upon the Time for

Completion and Contract Completion Date for planning the use of the Work and for all other purposes. If the Contractor fails to achieve Substantial Completion by the Contract Completion Date, the Contractor shall be subject to payment of actual damages incurred by the Owner or liquidated damages, if provided for in the Contract.

c. The Contractor, in submitting its bid acknowledges that the Time for Completion is a reasonable duration and period for performing the Work and that it has taken into consideration normal weather conditions for the period of performance. Normal weather does not mean statistically average weather, but rather means a range of weather patterns which might be anticipated based on weather conditions and events for the past ten (10) years. Normal weather conditions shall be determined from the public historical records available, including the U.S. Department of Commerce, Local Climatological Data Sheets, National Oceanic and Atmospheric Administration / Environmental Data and Information Service, National Climatic Center and National Weather Service. The data sheets to be used shall be those for the locality or localities closest to the Site. No additional compensation, costs or damages will be paid to the Contractor because of normal weather conditions, including normal adverse weather to be anticipated during the Project. An extension of time for abnormal adverse weather conditions which directly impact the Work will be considered by the Owner upon under the following conditions, all of which must be strictly complied with and demonstrated by the Contractor:

1. A request for extension of time-based on abnormal adverse weather conditions must be made in writing within fourteen (14) Days of the completion of the calendar month during which the abnormal adverse weather conditions impacted the Work at the Site. The request for additional time shall be substantiated by weather data collected during the period of delay at the Site.

Said data must demonstrate an actual departure from weather conditions that could have been anticipated at the Site during the dates in question.

2. All of the evidence and data supporting the request (including both historical data and the recordings at the Site during the time of delay) must be furnished to the Owner before the end of…