IFB 24033 Police Station Security Fencing Project.pdf

City of Fairfax, Virginia Office of Procurement Services

10455 Armstrong Street Fairfax, Virginia 22030

Title Police Station Security Fencing Invitation for Bid IFB 24033 (VBO 52963) Commodity Code 98815 Fence Installation, Maintenance and Repair Issue Date December 18, 2023 Pre-bid Conference January 9, 2024 @ 1:00 pm

3730 Blenheim Blvd.

Fairfax, VA 22030

Questions Deadline January 16, 2024 Due Date January 23, 2024 @ 4:00 p.m.

Procurement Officer Patricia Innocenti

Patricia.innocenti@fairfaxva.gov

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 SOLELY

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).

City of Fairfax 10455 Armstrong Street Fairfax, Virginia 22030

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.

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

STATEMENT OF WORK

PRE-BID MEETING

BID SUBMISSION:

AWARD:

COMPETITION INTENDED

QUALIFICATION OF BIDDERS

BID ACCEPTANCE PERIOD:

CITY OF FAIRFAX BUSINESS LICENSE

ACCURACY OF SOLICITATION DOCUMENTS

CLARIFICATION OF TERMS:

UNBALANCED BIDS

EXPENSES INCURRED IN PREPARING BID

INFORMALITIES

BID WITHDRAWAL PRIOR TO BID OPENING

WITHDRAWAL OF BID FROM CONSIDERATION AFTER BID OPENING

INTEREST IN MORE THAN ONE BID AND COLLUSION

ANNOUNCEMENT OF AWARD:

PROMPT PAYMENT DISCOUNTS:

PURCHASE ORDER:

APPLICABLE LAWS AND COURTS:

ANTI-DISCRIMINATION:

ETHICS IN PUBLIC CONTRACTING:

DEBARMENT STATUS:

ANTITRUST:

MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS:

CLARIFICATION OF TERMS:

PAYMENT:

UNREASONABLE CHARGES:

PRECEDENCE OF TERMS:

DEFAULT

TAXES

ANNOUNCEMENT OF AWARD:

DRUG-FREE WORKPLACE:

NONDISCRIMINATION OF CONTRACTORS:

AVAILABILITY OF FUNDS:

AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH:

AUDIT

INDEMNIFICATION

STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

SPECIFICATIONS

PURPOSE:

SCOPE OF WORK:

GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

LAWS AND REGULATIONS

CONTRACTOR’S LICENSE:

BUILDING PERMIT:

PROHIBITION OF ALCOHOL AND OTHER DRUGS

TIME FOR COMPLETION

CONDITIONS AT SITE

SUBCONTRACTS

SEPARATE CONTRACTS

CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

TAXES, FEES AND ASSESSMENTS

ARCHITECT/ENGINEER’S STATUS

INSPECTION

SUPERINTENDENCE BY CONTRACTOR

CONSTRUCTION SUPERVISION, METHODS AND PROCEDURES

SCHEDULE OF THE WORK

SCHEDULE OF VALUES AND CERTIFICATE FOR PAYMENT

ACCESS TO WORK

SURVEYS AND LAYOUT

PLANS AND SPECIFICATIONS

SUBMITTALS AND PROJECT RECORDS

FEES, SERVICES AND FACILITIES

EQUALS

AVAILABILITY OF MATERIALS

CONTRACTOR’S TITLE TO MATERIALS

STANDARDS FOR MATERIALS INSTALLATION & WORKMANSHIP

WARRANTY OF MATERIALS AND WORKMANSHIP

USE OF SITE AND REMOVAL OF DEBRIS

SIGNS

PROTECTION OF PERSONS AND PROPERTY

CLIMATIC CONDITIONS

PAYMENTS TO CONTRACTOR

PAYMENTS TO SUBCONTRACTORS:

CHANGES IN THE WORK

EXTRAS

CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT

OWNER’S RIGHT TO TERMINATE THE CONTRACT FOR CAUSE

TERMINATION BY OWNER FOR CONVENIENCE

DAMAGES FOR DELAYS; EXTENSION OF TIME

INSPECTION FOR SUBSTANTIAL COMPLETION & FINAL COMPLETION

GUARANTEE OF WORK AND INDEMNIFICATION

ASSIGNMENTS

CONTRACTUAL DISPUTES

TRAINING, OPERATION AND MAINTENANCE OF EQUIPMENT

PROJECT MEETINGS

DEFINITIONS

IFB 24033

GENERAL TERMS AND CONDITIONS

STATEMENT OF WORK

The City of Fairfax (“City” or “Owner”) is soliciting competitive bids from licensed, qualified companies to provide fencing and two electronic speed gates to enhance the security of the City police station. Fencing and gates shall be as specified and described in the Contract Documents and limited to the Scope of Work defined in paragraph 2 of the “Specifications.” The awarded Contractor shall provide all necessary labor, supervision, equipment, tools, material, transportation and resources necessary to complete the described Scope of Work.

All references to the Owner shall be interpreted to mean the City of Fairfax, Virginia.

PRE-BID MEETING

An optional Pre-Bid Meeting will be held at the Project Site on the date and time specified on the Title Page and for the purpose of identifying the Project and providing information that will assist bidders in completing the Bid Form and all necessary documents. Questions will be received by the City during the meeting and an addendum containing summary minutes will be posted on the Commonwealth of Virginia eVA website.

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. The City will not receive any bids in person. 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.

The Bid Form shall be accompanied by the resume and qualification statements required in Paragraph 6 of this IFB.

Any estimate of quantities in the Contract Documents is approximate only and shall be the basis for receiving unit price bids for each item, but shall not be considered by the Bidder as the actual quantities that may be required for the completion of the proposed work. Bidder shall state a unit or lump sum price for every item of work named in Exhibit A of the Bid Form. Bidder shall provide, in the unit prices, furnishing of labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish the Work. The unit and lump sum price bid for the items shall be shown numerically and in the appropriate spaces provided on the Bid Form. Such figures shall be clear and distinctly legible so that no question can arise as to their intent or meaning.

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.

COMPETITION INTENDED

The City intends to promote competition for this solicitation. It shall be the bidder’s responsibility to advise the City if any language, requirements or specifications have the effect of restricting or limiting the purchase to a single source. Such notification must be received by the City’s Purchasing Agent no later than ten (10) calendar days prior to the date and time set for bid opening. A review of such notifications will be completed, and the bidder notified of the results of the review and revisions if necessary.

QUALIFICATION 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.

Bidders must demonstrate the following to the satisfaction of the Owner:

a. Applicable experience of the company including verifiable, successful experience in Project Supervision and Administration of similar projects.

b. The bidder’s proposed project superintendent/manager has verifiable, successful experience in Project Supervision and Administration of similar projects.

c. That the bidder has staff, either on the payroll or through the use of qualified subcontractors, to carry out the special requirements of this project including 1) fencing, 2) speed gates, 3) related reinforced concrete, 4) appurtenant miscellaneous work for a complete and operational security system, and 5) restoration.

A resume of the bidder’s proposed project superintendent/manager who will be directly involved in the execution of the project showing experience on at least three (3) projects of similar scope and size for which the individual had responsibilities either with the bidder or with another company, and which have been completed within the past five (5) years. Include location, cost, date completed, owner’s name and address.

BID ACCEPTANCE PERIOD:

Any bid in response to this solicitation shall be valid for 90 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.

CITY OF FAIRFAX BUSINESS LICENSE

Awarded Bidders must comply with the City’s required business license for Contractors working within the City. For information regarding this requirement, contact the City’s Commissioner of the Revenue’s office, Suite 234, 10455 Armstrong Street, Fairfax, Virginia 22030; telephone number (703) 385-7905.

ACCURACY OF SOLICITATION DOCUMENTS

Each bidder is responsible for having determined the accuracy and/or completeness of the solicitation documents upon which it relied in making its bid, and has an affirmative obligation to notify the City’s Purchasing Agent immediately upon discovery of an apparent or suspected inaccuracy, error in, or omission of any pages, drawings, sections, addenda whose omission from the documents was apparent from a reference or page numbering or other indication in the solicitation documents.

CLARIFICATION OF TERMS:

If any prospective bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the Purchasing Agent 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.

UNBALANCED BIDS

“Unbalanced bid” is a bid which includes a number of unit prices quoted in the Bid Form for which a bidder quotes higher prices on items expected to be ordered in higher quantities than those used for bid evaluation, and/or low prices on items the bidder believes will be ordered in smaller quantities.

Bidders are cautioned not to unbalance their bids. The City reserves the right to reject any bid that is decisively unbalanced.

EXPENSES INCURRED IN PREPARING BID

The City accepts no responsibility for any expense incurred by any bidder in the preparation and presentation of a bid. All expenses related to a bid are the sole responsibility of the bidder.

INFORMALITIES

The City reserves the right to waive minor defects or variations from the exact requirements of the solicitation in a bid insofar as those defects or variations do not affect the price, quality, quantity, or delivery schedule of the Work being procured. If insufficient information is submitted for the City to properly evaluate the bid by a bidder, the City reserves the right to require such additional information as it may deem necessary after the bid opening time and date, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the Work being procured.

BID WITHDRAWAL PRIOR TO BID OPENING

Bids may be withdrawn after it is filed with the City providing the bidder makes a request in writing to the City prior to the time and date set for the opening of bids.

WITHDRAWAL OF BID FROM CONSIDERATION AFTER BID OPENING

After the opening of a bid, a bidder may withdraw its bid from consideration if the price of the bid is substantially lower than other bids due solely to a mistake therein, provided the bid is submitted in good faith, the mistake is a clerical mistake as opposed to a judgment mistake, and is actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. No partial withdrawals of bids will be permitted after the time and date set for bid opening. The bidder must give notice in writing to the City of a claim of right to withdraw a bid and provide all original work papers, documents and other materials used in the preparation of the bid sought to be withdrawn, within two (2) business days after the date of bid opening.

A bid may also be withdrawn if the City fails to award or issue a notice of intent to award the bid within ninety (90) days after the date fixed for opening bids.

INTEREST IN MORE THAN ONE BID AND COLLUSION

Multiple bids received in response to this solicitation from an individual, firm, partnership, corporation, affiliate, or association under the same or different names will be rejected. Reasonable grounds for believing that a bidder is interested in more than one (1) bid for a solicitation both as a bidder and as a subcontractor for another bidder will result in rejection of all bids in which the bidder is interested.

However, a firm acting only as a subcontractor may be included as a subcontractor for two (2) or more bidders submitting a bid for the Work. Any or all bids may be rejected if reasonable grounds exist for believing that collusion exists among any bidders. Bidders rejected under the above provisions shall be disqualified if they respond to a re-solicitation for the same work.

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).

PROMPT PAYMENT DISCOUNTS:

The City will pay within 30 days after acceptance and receipt of an approved payment request by the A/E and City Project Manager. A prompt payment discount offered for prompt payment of (15) calendar days or less will not be calculated in determining lowest Base Bid.

PURCHASE ORDER:

A purchase order shall be issued prior to issuing the Notice to Proceed. The period specified for performance of the purchase order may extend past the term of the Contract in order to facilitate Final Completion. 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.

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.

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

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.

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.

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 City of Fairfax under said contract.

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.

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.

PAYMENT:

a. Invoices for items for progress payments shall be submitted by the contractor shall be submitted by the contractor directly to the payment address shown on the purchase order/contract and the A/E. All invoices shall show the contract number and/or purchase order number.

b. A duplicate invoice shall be submitted to:

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

c. 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.

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.

PRECEDENCE OF TERMS:

The following Contract 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 Contract Terms and Conditions and any General Conditions of the Construction Contract in this solicitation, the General Conditions shall apply.

mailto:accountspayable@fairfaxva.gov

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.

TAXES:

Sales to the City are normally exempt from State sales tax when the purchase is made by the City. 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.

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).

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 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.

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 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 public body 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.

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

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.

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.

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, its authorized agents, and/or City auditors shall have full access to and the right to examine any of said materials during said period.

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 using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the contractor on the materials, goods or equipment delivered.

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.

SPECIFICATIONS

PURPOSE:

The intent of this solicitation is to establish a single project contract for security fencing and two speed gates as described in the Contract Documents and related to the limited Scope of Work described below in paragraph 2.

SCOPE OF WORK:

The approved drawings include the complete Project. The Project has been separated into three distinct trades; (1) Electrical, (2) Fencings and Gates, and (3) civil work related to asphalt, masonry piers, demolition and related final restoration. Accordingly, the scope of services in this solicitation is limited to the fencing and gates as described on the following sheets:

1. C1.000 – Fencing Notes & Details (exclude providing the Masonry Piers which will be provided by others after fencing and gate Project is substantially complete),

2. C1.001 – Fencing Notes & Details,

3. C2.000 – Existing Condition & Demolition Plan (exclude demolition except remove the existing fencing as delineated on the plan),

4. C3.000 – Layout Plan (include the fencing and speed gates but exclude pavement patching and pavement sections which will be provided by others after fencing and gate Project is substantially complete,

5. E-000 – Cover Sheet – Electrical (provide the “Site Lighting Pole Bases” by connecting the final electric supply and additional conduits to the pole bases. Electric supply and conduits will be provided by others prior to the start of gate installation,

6. E-001 – Specifications – Electrical (Meet Division 26 specifications as related to the pole bases,

7. S0-001 – Partial Plan, Structural Notes, & Sections

In order to ensure ingress and egress into the parking lot and accomplishment of the police mission, the smaller speed gate to the southwest of the police station must be substantially complete before the larger speed gate at the main entrance can be started.

END

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.

CONTRACTOR’S LICENSE:

Class A contractor’s license required.

BUILDING PERMIT:

The City of Fairfax, codes or zoning ordinances apply to Work at the Site. The Building Permit will be pre-approved and paid for by the Owner. The contractor shall obtain the building permit in its name.

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 32 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.

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.

TIME FOR COMPLETION

a. The Contractor shall achieve Substantial Completion on or before the Contract Completion Date. Unless otherwise specified, the Contractor shall achieve Final Completion within forty-five (45) Days after the Contract Completion Date.

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

Completion and Contract Completion Date for planning the use and Beneficial Occupancy 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. The abnormal adverse weather must have caused a delay to the Contract

Completion Date as a result of a delay to the Critical Path as depicted on the accepted “critical path method” schedule or the approved bar graph schedule current at the time of the weather event. No extension will be considered for any portion of any delay which consumes only Float.

3. 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 the calendar month following the month for which the request is made.

Compliance with the requirements of this section is a condition precedent to the Contractor’s entitlement to any change or adjustment to the Contract Completion Date for impacts from abnormal weather conditions.

d. The Contractor’s execution of the Contract is a representation and agreement that the

Contractor has visited the Site and reviewed the requirements of the bid documents, the Contract Documents, local conditions, availability of materials, equipment, and labor, the reasonable time required for the Owner to respond to Submittals, and any other factors which may affect the performance of the Work, and has taken all these factors into consideration in submitting its bid and executing this Contract.

CONDITIONS AT SITE

The Contractor shall have visited the Site prior to bidding or submitting its proposal and is totally responsible for having ascertained pertinent local conditions such as location, accessibility and general character of the Site, and the character and extent of existing conditions, improvements and work within or adjacent to the Site. The Contractor shall not submit any claims or any request for adjustments of the Contract Price or Contract Completion Date which result from its failure to consider such conditions.

If in the performance of the Work the Contractor encounters (i) hidden physical which are materially different from those ordinarily encountered or generally recognized as inherent in the activities being performed or (ii) subsurface or concealed latent conditions which are materially different from those frequently present in the locality or from those indicated in the Contract Documents, the Contractor shall promptly provide Notice to the Owner and A/E before the conditions are disturbed and not later than seven (7) Days after discovery. The A/E shall promptly review the conditions and propose such changes or adjustments, if any, in the Contract Documents that may be necessary to address the conditions. The Contractor must request any change in the Contract Price or Contract Completion Date for such conditions pursuant to the applicable requirements in Section 33 of these General Conditions. Compliance with the requirements of this section is a condition precedent to the Contractor’s entitlement to any change or adjustment in the Contract Price or Contract Completion Date as a result of such Site conditions.

If the Contractor, during the course of the Work, observes the existence of any material which he knows, should know, or has reason to believe is hazardous to human health, the Contractor shall promptly notify the Owner in writing before the material is disturbed further or the affected work is performed. The Owner will provide the Contractor with instructions regarding the disposition of the material. The Contractor shall not perform any Work involving the material or any Work causing the material to be less accessible prior to receipt of special instructions from the Owner.

The Contractor must request any change in the Contract Price or Contract Completion Date for such conditions pursuant to the applicable requirements in Sections 33 and 34 of these General Conditions. Compliance with the requirements of this section is a condition precedent to the Contractor’s entitlement to any change or adjustment in the Contract Price or Contract Completion Date as a result of such Site conditions.

SUBCONTRACTS

The Contractor shall, as soon as practicable after the signing of the Contract, notify the Owner and A/E in writing of the names of all Subcontractors proposed for the principal parts of the Work and of such others as the A/E may direct. Where the Specifications establish qualifications or criteria for Subcontractors, manufacturers, or individuals performing Work on the Project, the Contractor shall be responsible for ascertaining that those proposed meet the criteria or qualifications. The Contractor shall not employ any Subcontractor that the Owner may, within a reasonable time, object to as unsuitable. Neither the Owner nor the A/E shall direct the Contractor to contract with any particular Subcontractor unless provided in the Specifications or Invitation for Bids.

The Owner shall, on request, furnish to any Subcontractor, if practicable, the amounts of payments made to the Contractor, the Schedule of Values and Requests for Payment submitted by the Contractor, and any other documentation submitted by the Contractor which would tend to show what amounts are due and payable by the Contractor to the Subcontractor.

The Contractor shall be fully responsible to the Owner for all acts and omissions of its agents and employees and all tiers of Subcontractors and Suppliers performing or furnishing any of the Work.

Nothing in the Contract Documents shall create any contractual relationship between Owner or A/E and any Subcontractor, Supplier or other Person, nor shall it create any obligation on the part of Owner or A/E to pay for or to see to the payment of any moneys due any Subcontractor, Supplier or other Person, except as may otherwise be required by law.

The Contractor shall be fully responsible for its invitees at the Site and for those of its Subcontractors, Suppliers, and their employees, including any acts or omissions of such invitees.

The Contractor agrees that it is responsible for all dealings and coordination with Subcontractors and Suppliers, and their subcontractors, employees and invitees, including, but not limited to, the Subcontractors’ or Suppliers’ claims, demands, actions, disputes and similar matters unless specifically provided otherwise by the Contract or by statute.

SEPARATE CONTRACTS

The Owner reserves the right to let other contracts in connection with the Project, the work under which may proceed simultaneously with the execution of this Contract. The Contractor shall afford separate contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work. The Contractor shall cooperate with them and shall take all reasonable action to coordinate its Work with that of separate contractors. If the Owner has listed other separate contracts in the Invitation for Bids or Requests for Proposal which it expects to proceed simultaneously with the Work of the Contractor, and has included the estimated timing of such other contracts in the Invitation for Bids or Requests for Proposal, the Contractor shall integrate the schedule of those separate contracts into its scheduling. The Contractor shall make every reasonable effort to assist the Owner in maintaining the schedules for all separate contracts. If the work performed by a separate contractor is Defective or performed so as to prevent or threaten to prevent the Contractor from carrying out its Work according to the Contract, the Contractor shall immediately notify the Owner and the A/E upon discovering such conditions.

If a dispute arises between the Contractor and any separate contractor(s) as to their responsibility for cleaning up the Site, the Owner may clean up and charge the cost thereof to the respective contractors in proportion to their responsibility. If the Contractor disputes the Owner’s apportionment of clean-up costs, it shall be the Contractor’s burden to demonstrate and prove the correct apportionment.

CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

The Contractor shall not commence Work under this Contract until all insurance required hereunder has been obtained from an insurer authorized to do business in Virginia…