IFB 24037 Judicial Drive Trail Connection.pdf

City of Fairfax, Virginia Office of Procurement Services

10455 Armstrong Street

Fairfax, Virginia 22030

Title Judicial Drive Trail Connection UPC 113614

Invitation for Bid IFB 24037 (VBO) 56061

Federal Project CN No.: C501 TAP-5B01(337)

VDOT Project: EN18-151-221

Commodity Code(s) 91226, Construction, Hike and Bike Trail

91313, Construction, Bridges

Procurement Officer David Kundid david.kundid@fairfaxva.gov

Issue Date January 10, 2024

Questions Deadline Submit all questions no later than February 2, 2024, at 3:00 P.M. to David.kundid@fairfaxva.gov

Due Date February 14, 2024, at 3:00 P.M.

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

THIS PROJECT IS FEDERALLY FUNDED

AS SUCH, THIS PROJECT SHALL BE SUBJECT TO COMPLIANCE WITH THE FEDERAL AND VDOT

REGULATIONS CONTAINED IN THIS DOCUMENT AND ELSEWHERE. THE CITY, VDOT’S CIVIL

RIGHTS DIVISION OR OFFICE OF GENERAL INSPECTOR, GENERAL AUDITING DIVISION OF FHWA

WILL PERFORM AUDITS TO ENSURE COMPLIANCE WITH ALL APPLICABLE TERMS AND

CONDITIONS AND GUIDELINES CONTAINED IN THIS DOCUMENT OR ELSEWHERE. THE DBE GOAL

FOR THIS SOLICITATION IS SET AT 6%.

PREQUALIFICATION REQUIRED

All prospective bidders, including all members of a joint venture, shall be prequalified with the Virginia Department of Transportation and shall have received a certification of qualification (ref.

Part Two, paragraph 10).

The City of Fairfax is committed to complying with the provisions of the Americans with Disabilities Act. This document will be made available in alternate format upon request – please contact the City’s Finance Department for more information.

Contents

PART ONE BACKGROUND

1. PROJECT BACKGROUND & INFORMATION

2. SPECIFICATIONS

3. SITE REQUIREMENTS

4. PRICING

5. WORKING HOURS & AREAS

6. STRUCTURE AND BRIDGE REQUIREMENTS

7. CONTRACT PERIOD

8. TIME FOR COMPLETION AND LIQUIDATED DAMAGES FOR NON-COMPLETION

PART TWO – INSTRUCTIONS TO BIDDERS

9. BID SUBMISSION:

10. QUALIFICATION OF BIDDERS

11. AWARD:

12. DISTRIBUTION OF SOLICITATION DOCUMENTS

13. ADDITIONAL INFORMATION

14. CLARIFICATION OF TERMS:

15. APPLICABLE LAWS AND COURTS:

16. ANTI‐DISCRIMINATION:

17. ETHICS IN PUBLIC CONTRACTING:

18. IMMIGRATION REFORM AND CONTROL ACT OF 1986:

19. DEBARMENT STATUS:

20. ANTITRUST:

21. MANDATORY USE OF CITY FORM AND TERMS AND CONDITIONS:

22. PROMPT PAYMENT DISCOUNTS:

23. PURCHASE ORDER:

24. PAYMENT:

25. UNREASONABLE CHARGES

26. PRECEDENCE OF TERMS:

27. ASSIGNMENT OF CONTRACT:

28. CHANGES TO THE CONTRACT:

29. DEFAULT:

30. TAXES:

31. ANNOUNCEMENT OF AWARD:

32. DRUG‐FREE WORKPLACE:

33. NONDISCRIMINATION OF CONTRACTORS:

34. AVAILABILITY OF FUNDS:

35. AUTHORIZATION TO CONDUCT BUSINESS IN THE COMMONWEALTH:

36. AUDIT:

37. INDEMNIFICATION:

38. SUBCONTRACTS:

39. STATE CORPORATION COMMISSION IDENTIFICATION NUMBER:

40. E‐VERIFY PROGRAM:

41. TERMINATION OF CONTRACTS:

42. DEFECTIVE SOLICITATION DOCUMENTS

43. COMPETITION INTENDED

44. EXCEPTIONS

45. NON CONFORMING TERMS AND CONDITIONS

46. UNBALANCED & CONDITIONAL BIDS

47. EXPENSES INCURRED IN PREPARING BID

48. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

49. DEBARMENT STATUS

50. NEW MATERIAL

51. INFORMALITIES

52. CITY OF FAIRFAX BUSINESS LICENSE

53. AUTHORITY TO TRANSACT BUSINESS

54. VIRGINIA CONTRACTOR LICENSE

55. BID WITHDRAWAL PRIOR TO BID OPENING

56. WITHDRAWAL OF BID FROM CONSIDERATION AFTER BID OPENING

57. PARKING

58. TRADE SECRETS OR PROPRIETARY INFORMATION

59. INTEREST IN MORE THAN ONE BID AND COLLUSION

60. SURETY REQUIRED BID SURETY:

61. FAILURE TO EXECUTE:

62. PERFORMANCE SURETY:

63. FAILURE TO COMPLETE ON TIME GENERAL

64. VDOT AND/OR FEDERAL GOVERNMENT CONTRACT REQUIREMENTS

65. EXECUTION OF AGREEMENT

66. CIVILITY IN CITY WORKPLACES:

PART THREE– GENERAL CONTRACT PROVISIONS

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1. DEFINITIONS

2. INTENT OF CERTAIN TERMS OR ADJECTIVES

3. DAY

4. DEFECTIVE

5. FURNISH

6. INSTALL

7. PERFORM or PROVIDE

ARTICLE 2 – PRELIMINARY MATTERS

67. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED

68. STARTING THE PROJECT

69. BEFORE STARTING WORK

70. PRECONSTRUCTION CONFERENCE

71. INITIAL AND FINAL ACCEPTANCE OF SCHEDULES

72. CONTRACT DOCUMENTS AND INTENT

73. REFERENCED STANDARDS

74. REPORTING AND RESOLVING DISCREPANCIES

75. AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS

76. REUSE OF DOCUMENTS

77. DOCUMENTS ON THE JOB SITE

78. SUBMITTALS

79. TESTS

80. MATERIALS AND EQUIPMENT LIST

81. SURVEYS AND CONTROLS

82. AS‐BUILT DRAWINGS

ARTICLE 4 – AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS

83. AVAILABILITY OF LANDS

84. SUBSURFACE AND PHYSICAL CONDITIONS

85. LIMITED RELIANCE BY THE CONTRACTOR ON TECHNICAL DATA AUTHORIZED

86. DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

87. PROJECT OFFICER'S REVIEW

88. UNDERGROUND FACILITIES

89. REFERENCE POINTS

90. HAZARDOUS ENVIRONMENTAL CONDITION AT SITE

91. LIMITED RELIANCE BY CONTRACTOR ON TECHNICAL DATA AUTHORIZED

ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES

92. SUPERVISION AND SUPERINTENDENCE

93. LABOR AND WORKING HOURS

94. SERVICES, MATERIALS ANDEQUIPMENT

95. PROGRESS SCHEDULE

96. SUBSTITUTES OR"OR‐EQUAL" ITEMS

97. SUBSTITUTE ITEMS

98. CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS

99. SUBCONTRACTOR PAYMENT

100. PATENT FEE AND ROYALTIES

101. PERMITS AND LICENSES

102. LAWS AND REGULATIONS

103. TAXES

104. USE OF SITE AND OTHER AREAS

105. LOADING STRUCTURES

106. RECORD DOCUMENTS

107. SAFETY AND PROTECTION

108. SAFETY REPRESENTATIVE

109. EMERGENCIES

110. SHOP DRAWINGS AND SAMPLES

111. CONTINUING THE WORK

112. THE CONTRACTOR’S GENERAL WARRANTY AND GUARANTEE

113. DELEGATION OF PROFESSIONAL DESIGN SERVICES

114. OBLIGATIONTO MITIGATE COSTS

115. ACCESS TO RECORDS

ARTICLE 6 – OTHER WORK

116. RELATED WORK AT SITE

117. COMMUNICATIONS TO THE CONTRACTOR

118. FURNISH DATA AND PAY WHEN DUE

119. LANDS & EASEMENTS; REPORTS & TESTS

120. INSPECTIONS, TESTSAND APPROVALS

121. LIMITATIONS ONTHE CITY’SRESPONSIBILITIES

122. CITY’S REPRESENTATIVES

123. UNDISCLOSED HAZARDOUS ENVIRONMENTAL CONDITION

124. EVIDENCE OFFINANCIAL ARRANGEMENTS

125. CITY’S REPRESENTATIVES

126. VISITS TO THE SITE

127. AUTHORIZED VARIATIONS IN WORK

128. REJECTING DEFECTIVE WORK

129. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS

130. DETERMINATIONS FOR UNITPRICES

131. DECISIONS ON REQUIREMENTS OF THE CONTRACT DOCUMENTS, ACCEPTABILITY OF WORK AND DISPUTES

132. LIMITATIONS ON PROJECT OFFICER’SAUTHORITY AND RESPONSIBILITIES

ARTICLE 9 -CHANGES IN THE WORK

133. AUTHORIZED CHANGES IN THEWORK

134. UNAUTHORIZED CHANGES IN THE WORK

135. EXECUTION OF CHANGE ORDERS

136. NOTIFICATION TO SURETY

137. REQUESTS FOR PROPOSALS, PROPOSAL RESPONSES AND CHANGE ORDERS

ARTICLE 10 – COST OF THE WORK

138. COSTS INCLUDED

139. COSTS EXCLUDED

140. CONTRACTOR’S FEE

141. DOCUMENTATION

142. ALLOWANCES

143. CASH ALLOWANCES

144. CONTINGENCY ALLOWANCES

145. UNIT PRICE WORK

ARTICLE 11 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME

146. CHANGE OF CONTRACT PRICE

147. CONTRACTOR’S FEE

148. CHANGE OF CONTRACT TIME

149. DELAYS FOR PROJECTS REQUIRING CRITICAL PATH METHOD SCHEDULING

150. DELAYS FOR PROJECTS NOT REQUIRING CRITICAL PATH METHOD SCHEDULING

ARTICLE 12 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

151. NOTICE OF DEFECTS

152. ACCESS TO WORK

153. TESTS AND INSPECTION

154. UNCOVERING WORK

155. CITY MAY STOP THE WORK

156. CORRECTION OR REMOVAL OF DEFECTIVE WORK

157. CORRECTION PERIOD

158. ACCEPTANCE OF DEFECTIVE WORK

159. CITY MAY CORRECT DEFECTIVE WORK

ARTICLE 13 – PAYMENTS TO THE CONTRACTOR AND COMPLETION

160. SCHEDULE OF VALUES

161. PROGRESS PAYMENT

162. CONTRACTOR’S WARRANTY OF TITLE

163. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS

164. REDUCTION IN PAYMENT

165. SUBSTANTIAL COMPLETION

166. PARTIAL UTILIZATION

167. FINAL INSPECTION

168. FINAL APPLICATION FORPAYMENT

169. REVIEW OF FINAL APPLICATION AND ACCEPTANCE

170. FINAL COMPLETION DELAYED

171. WAIVER OF CLAIMS

ARTICLE 14 – SUSPENSION OF WORK AND TERMINATION

172. CITY MAY SUSPEND WORK:

173. CITY MAY TERMINATE FOR CAUSE

174. CITY MAY TERMINATE FOR CONVENIENCE

175. CONTRACTOR MAY STOP WORK OR TERMINATE

ARTICLE 15 – DISPUTES AND APPEALS PROCEDURES

176. CLAIMS, COUNTER CLAIMS AND DISPUTES

177. WHEN NOTICE AND CLAIM SUBMITTAL BECOME DUE

178. REQUIREMENTS FOR CONTRACTOR CLAIMS

179. DETERMINATION ON A CLAIM

180. VENUE

ARTICE 16 - MISCELLANEOUS

181. GIVING NOTICE

182. COMPUTATION OF TIME

183. GENERAL

184. CUMULATIVE REMEDIES

185. SURVIVAL OF OBLIGATIONS

186. CONTROLLING LAW ANTITRUST

187. HEADINGS

188. LIEN

189. OSHA REQUIREMENTS

PART SIX – CITY OF FAIRFAX INSURANCE REQUIREMENTS

PART SEVEN – DEPARTMENT OF PUBLIC WORKS STANDARDS AND SPECIFICATIONS

1. Summary of Work

2. Temporary Facilities

3. ROADWAYS AND PAVEMENTS

4. Asphalt Concrete

5. Sidewalks and CG‐12Ramps

6. Curb, Gutters and Combination Curb and Gutter, Paved Ditches and Flumes, and Driveway Entrance Gutters

7. CONCRETE

PART EIGHT ‐ SUPPLEMENTARY CONDITIONS

1. CSP-01: AMENDMENTS TO VDOT 2020 ROAD AND BRIDGE SPECIFICATIONS

2. CSP-02: MINIMIZATION OF DISRUPTION TO ADJACENT PROPERTIES

3. CSP-03: NO ASPHALT, STEEL, AND FUEL ADJUSTMENTS

4. CSP-04: PORTABLE CHANGEABLE MESSAGE SIGNS

5. CSP -05: ADDITIONAL REQUIREMENTS FOR WORK IN THE ROW

PART NINE – FEDERAL HIGHWAY ADMINISTRATION (FHWA) PROVISIONS AND REQUIREMENTS

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS

I. GENERAL

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246)

III. NONSEGREGATED FACILITIES

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

VI. SUBLETTING OR ASSIGNING THE CONTRACT

VII. SAFETY: ACCIDENT PREVENTION

VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR

200.88; EO 11738)

X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING

XII. USE OF UNITED STATES-FLAG VESSELS:

ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR

APPALACHIAN LOCAL ACCESS

Davis-Bacon Wages

SP0F0-000150-01 Executive Order 11246

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE

ORDER 11246)

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR CHANGED CONDITIONS FOR LOCAL

ASSISTANCE PROJECTS

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR USE OF DOMESTIC MATERIAL

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR SECTION 105.06—SUBCONTRACTING

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR ELECTRONIC SUBMISSION OF PAYROLLS AND

DBE SUBCONTRACTOR PAYMENT FOR FEDERALLY FUNDED PROJECTS

PREVAILING WAGE RATES

BUILD AMERICA, BUY AMERICA ACT REQUIREMENTS FOR CONSTRUCTION MATERIALS

PART TEN

VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) PROVISIONS AND REQUIREMENTS

cn100-000051-05 VDOT SUPPLEMENTAL SPECIFICATIONS (SSs), SPECIAL PROVISIONS (SPs) AND SPECIAL PROVISION COPIED NOTES (SPCNs) cn315-000100-00 SECTION 315.05(c) PLACING AND FINISHING cn510-000100-00 LOCATING, REMOVING AND DISPOSING OF RECESSED PAVEMENT MARKERS AND RAISED SNOW-

PLOWABLE MARKERS

cn704‐000100‐00 SWEEPING PRIOR TO PAVEMENT MARKING cn704-000110-00 COVERING CLEANING AND INSPECTING EXISTING RAISED PAVEMENT

MARKERS

9‐17‐15c; Reissued 7‐12‐16 (SPCN) NEGOTIATION WITH THE LOWEST SOLE BIDDER

SP102-010100-00

FORM C‐45

PROGRESS SCHEDULES FOR CATEGORY I PROJECTS

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR RESTORING EXISTING PAVEMENT

2016 ROAD AND BRIDGE SUPPLEMENTAL SPECIFICATIONS SECTION 303—EARTHWORK

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR EMULSIFIED ASPHALT SLURRY SEAL

VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR COLD PLANING (MILLING) ASPHALT CONCRETE

OPERATIONS

SECTION 234 – GLASS BEADS AND RETROREFLECTIVE OPTICS

SECTION 235 – RETROREFLECTORS

SECTION 246 – PAVEMENT MARKING

SECTION 704 – PAVEMENT MARKINGS AND MARKERS

CONTRACTOR’S CERTIFICATE OF COMPLIANCE FOR STEEL & IRON ITEMS

Form C-76

Form C‐48 Rev. 2‐23‐11

Form C‐49 2‐24‐14

Form C‐104

Form C‐105

Form C‐111 Rev. 2‐15‐11

Form C‐112 Rev. 3‐1‐11

IFB 24037 Judicial Drive Trail Page 1

PART ONE BACKGROUND

1. PROJECT BACKGROUND & INFORMATION

The purpose of this project is to construct a trail adjacent to Accotink Creek in the City of Fairfax, which will connect two adjacent trails and provide a continuous pedestrian path along the creek. This will necessitate the construction of approximately 500 linear feet of new stone dust trail facilities as described herein. A pedestrian bridge, 70 feet in length, is also proposed with this project.

The project scope includes, but is not limited to the following Work as specified in the City of Fairfax Public Facilities Manual and/or VDOT Standards/Specifications as applicable:

- Existing paved trail, ramp, retaining wall, and stair removal and/or modification;

- Site clearing, preparation, demolition and grading;

- Trail construction, including subgrade, subbase, and fine-graded finished surface preparation;

- Pedestrian accommodations including installation of trail connections, ADA-compliant switchback ramps, and stairs;

- Design, fabrication, and installation of a pedestrian bridge and its associated foundations, connections and appurtenances in accordance with manufacturer requirements and recommendations;

- Adjustment of ancillary sanitary sewer surface features;

- Storm drainage improvements;

- Permanent signage for trail users and vehicles driving through trail crossings;

- All measures required for erosion & sediment control and maintenance of traffic;

- Materials testing in accordance with the current VDOT Inspection Manual; and

- Other items necessary for completion of the work per contract documents;

This is a federally funded project subject to compliance with all applicable federal, state and City terms and conditions. The DBE goal for this project is 6%.

All work shall be performed in accordance with applicable federal, state and City requirements. English units of measure shall be used for the project.

2. SPECIFICATIONS

All work shall conform to the latest editions of the Virginia Department of Transportation (VDOT) Standards

& Specifications, VDOT Work Area Protection Manual, FHWA Manual on Uniform Traffic Control Devices

(MUTCD), Virginia Erosion and Sediment Control Handbook & Regulations, in effect on the bid date, as applicable.

3. SITE REQUIREMENTS

The contractor shall maintain access to all adjacent properties for the duration of the project. The contractor shall specifically ensure that the private street known as Presbyterian Way is open to a minimum of one-way traffic at all times through the project area. In addition, the Contractor shall provide and ensure a pedestrian access route through the work zone consistent with the route disrupted as any time during construction. A stable path with grades not to exceed those of the existing facilities shall be maintained or other suitable accommodations provided. On onsite staging area is not provided by the City.

4. PRICING

IFB 24037 Judicial Drive Trail Page 2

The unit prices established in the Bid Quotation Sheet shall be applied to changes in the Work as additions or deletions, except as provided for in the bid documents. The Contractor will be responsible for any damage to property, real or personal, caused by the negligence of the Contractor or its employees, agents or subcontractors.

5. WORKING HOURS & AREAS

a. Allowable working hours for this project are from 7:00 AM to 6:00 PM on weekdays and 8:30 AM to

5:00 PM on Saturdays. No work shall take place on Sundays or holidays unless pre-approved in writing by the Director of Public Works.

b. Work in active City streets shall be from 9:00 AM to 3:00 PM on weekdays, no work shall take place in City streets on weekends or holidays unless pre-approved in writing by the Director of Public

Works.

c. The contractor shall be responsible for securing pre-approval for staging, storing or parking materials and/or equipment on any property beyond the project limits. Approval for such activities on City or private property shall be documented in writing and a copy provided to the City prior to utilizing the area.

d. Work may be required beyond the limits of right of way and easements secured for this project.

Incidental work related to the installation of the trail (including but not limited to grading, installation and maintenance of erosion & sediment control devices, and the installation of drainage structures), is permitted via the existing trail easement on tax parcels #57-1-02-124 and #57-1-02-122, even when such work is required outside the physical boundaries of the easement. However, the

Contractor shall be responsible for coordination with property owner(s) as required to minimize the scope of work outside of existing easements and to eliminate disruptions to business operations.

Aside from the conditions explicitly mentioned above, the Contractor shall not enter, utilize, or disturb any areas outside of temporary and permanent easements as shown on the plans.

6. STRUCTURE AND BRIDGE REQUIREMENTS

Special attention is drawn to the proposed pedestrian bridge required as part of this Contract. Contractor shall ensure that specification for chosen bridge system meets the minimums as outlined in this document.

The contractor shall also be responsible for final foundation design, construction and other requirements for a comprehensive structure construction.

It is noted that a Geotechnical Engineering Report and Bridge Foundation Design Plan have each been developed for the purposes of this advertisement. These documents shall be considered informational only for the benefit of preparation of bids. The Contractor shall be responsible for verification of site conditions at the time of construction, design of final bridge, abutment and foundation elements and for preparation of final documents to be sealed/signed by a licensed professional in the Commonwealth of Virginia.

7. CONTRACT PERIOD

The period of this contract shall be from the date of award and subsequent issuance of Notice to Proceed and shall be in effect until work is completed and accepted by the City. The Contractor shall achieve substantial completion of all work within 180 calendar days or 6 months from full Notice to Proceed and achieve final completion and acceptance within 365 days or one year from full Notice to Proceed.

IFB 24037 Judicial Drive Trail Page 3

This contract requires the Contractor to design, procure, deliver and install bridge foundations and structures as described herein. As such, it is anticipated that additional design, fabrication, and delivery lead time may be required prior to commencement of the Work. With this expectation, the City intends to issue a Limited Notice to Proceed shortly following execution of the Contract. This Limited Notice to

Proceed will be for a period of up to 100 calendar days and shall be for the limited purposes of field investigations, structural designs, submittals, and other pre-construction activities. The Contractor shall commence on-site construction of the project during this Limited notice period. Upon completion of said

100-day period, or as otherwise coordinated by the Contractor and City, the City shall issue full Notice to

Proceed with the Work consistent with this section. The Contract Period as defined above shall not commence until issuance of the Full Notice to Proceed by the City.

8. TIME FOR COMPLETION AND LIQUIDATED DAMAGES FOR NON-COMPLETION

The time for completion of this Contract and assessment of liquidated damages is as prescribed in the

Contract Period section of this IFB.

Liquidated damages shall be assessed at $600 per day for each calendar day beyond the contract time limit during which the contract remains in an incomplete state.

IFB 24037 Judicial Drive Trail Connection Project pg. 4

PART TWO – INSTRUCTIONS TO BIDDERS

9. BID SUBMISSION:

Sealed Bids shall be received and time stamped online through the eVA website, no later than the bid closing date and time on the Cover Page (“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. 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.

10. QUALIFICATION OF BIDDERS

All prospective bidders, including all members of a joint venture, shall be prequalified with the Virginia Department of Transportation and shall have received a certification of qualification in accordance with the Rules Governing Prequalification Privileges prior to bidding. All subcontractors shall be prequalified prior to performing any Work on the Contract. In order to be eligible for SWaM or DBE credit, SWaM or DBE subcontractors must be VDOT prequalified and SWaM or DBE certified at the time of bid submission.

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 as approved by VDOT.

12. DISTRIBUTION OF SOLICITATION DOCUMENTS

The distribution of this solicitation, all addenda, and responses to questions will be by posting on the City of Fairfax, Virginia’s (the “City”) website Fairfax City Current Solicitations, and the Commonwealth of Virginia’s website eVA - Virginia's eProcurement Marketplace. The date and time of posting on the Virginia Business Opportunities (VBO) website shall be the date and time of the official issuance or notification of the solicitation or any modification to the solicitation process. It is the responsibility of each bidder to check the VBO website daily for posted notifications. The City will not consider modification of any date, time frame, or addendum due to late receipt of notification based on subsequent advertisements or posting at any location other than the VBO website.

13. ADDITIONAL INFORMATION

All questions relating to this solicitation shall be submitted via email to the Patricia Innocenti, Procurement Manager, at Procurement@fairfaxva.gov. For a question to be considered, the subject line of the e‐ mail must state the following: IFB No. 24037 Questions. Questions should be succinct and must include the submitter’s name, title, company name, company address, and telephone number. Prior to the award of a contract resulting from this solicitation, bidders are prohibited from contacting City staff other than the City’s Procurement Manager. Any material question or interpretation of a requirement or specification, as determined by the City’s Procurement Manager, will be posted on the eVA as an addendum no later than ten (10) business days prior to the due date of bids. Only answers in writing by the City’s Procurement Manager to questions will have any force or effect.

NO QUESTIONS WILL BE CONSIDERED IF SUBMITTED WITHIN FEWER THAN TEN (10) BUSINESS DAYS

PRIOR TO THE DUE DATE OF BIDS.

https://www.fairfaxva.gov/government/procurement-services/current-solicitations https://eva.virginia.gov/index.html mailto:Procurement@fairfaxva.gov

IFB 24037 Judicial Drive Trail Connection Project pg. 5

14. 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.

15. 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.

16. 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.

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.

17. ETHICS IN PUBLIC CONTRACTING:

IFB 24037 Judicial Drive Trail Connection Project pg. 6

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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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 will not be calculated in determining net low bid.

23. PURCHASE ORDER:

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.

24. PAYMENT:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly

IFB 24037 Judicial Drive Trail Connection Project pg. 7 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. ASSIGNMENT OF CONTRACT:

A contract shall not be assignable by the contractor in whole or in part without the written consent of the City.

28. 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 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.

29. 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.

30. 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.

31. ANNOUNCEMENT OF AWARD:

mailto:accountspayable@fairfaxva.gov

IFB 24037 Judicial Drive Trail Connection Project pg. 8

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).

32. 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.

33. 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 state agency, department or institution 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.

34. 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.

35. 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.

36. AUDIT:

IFB 24037 Judicial Drive Trail Connection Project pg. 9

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 Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period.

37. 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.

38. SUBCONTRACTS:

No portion of the work shall be subcontracted without prior written consent of the purchasing agency.

In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the purchasing agency the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract.

39. 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.

40. 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 any agency of the Commonwealth 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 any agency of the Commonwealth 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.

41. 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:

IFB 24037 Judicial Drive Trail Connection Project pg. 10

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.

42. DEFECTIVE 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.

If the successful bidder proceeds with any activity that may be defective due to an inaccuracy, error in, or omission in the solicitation documents of which the bidder is aware but has not notified the City’s Purchasing Agent, the bidder hereby agrees to perform any Work described in such missing or incomplete documents at the bidder’s sole expense and at no additional cost to the City.

Failure to acknowledge all addenda issued during the solicitation process on the Receipt of Addenda form may cause the bid to be deemed incomplete.

43. COMPETITION INTENDED

It is the City’s intent that this IFB permit and promote competition. It shall be the bidder’s responsibility to advise the City’s procurement officer, in writing, if any language, requirements or specifications have the effect of restricting or limiting the purchase to a single source. Such notification must be submitted no later than ten (10) calendar days prior to the due date for bids. A review of such notifications will be made and the bidder notified of the results of the review. All qualified bidders are encouraged to submit

IFB 24037 Judicial Drive Trail Connection Project pg. 11 bids.

44. EXCEPTIONS

Bidders taking exception to any part or section or term of this solicitation, including, by way of illustration and not limitation, the Specifications, the Special Conditions, and any attachments or references hereto or thereto, shall indicate such exceptions on the Bid Form. Failure to indicate any exceptions shall be interpreted as the bidder’s intent to fully comply with the solicitation as written. However, conditional or qualified bids with such exceptions, unless specifically allowed in this solicitation, are subject to rejection in whole or in part as nonresponsive.

45. NON CONFORMING TERMS AND CONDITIONS

If a bidder submits with its bid alternate terms and conditions that do not conform to the terms and conditions in this solicitation, the bid will be deemed to be non‐responsive. The City reserves the right to permit the bidder to withdraw nonconforming terms and conditions from its bid prior to a determination by the City of unresponsiveness as a result of the submission of nonconforming terms and conditions.

46. UNBALANCED & CONDITIONAL BIDS

“Unbalanced bid” is a bid which includes a number of items or alternates to be added or deleted 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.

“Mathematically unbalanced bid” is a bid in which each item does not carry its share or proportion of the cost of work plus profit, or one in which there are nominal prices for some work and higher prices for other work. Bidders are cautioned not to unbalance their bids. The City reserves the right to reject any bid that is decisively unbalanced.

47. 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.

48. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

Each bidder acknowledges by submitting a bid that it has taken steps reasonably necessary to ascertain the nature and locations of the Work of the solicitation, and that it has investigated and satisfied itself as to the general and local conditions and factors which can affect the Work or its cost, including but not limited to:

• Conditions bearing upon transportation, disposal, handling, and storage of materials; The availability of labor, water, electric power, and roads;

• Uncertainties of weather, floods, or similar physical conditions at the site; The conformation and conditions of the ground; and

• The character of equipment and facilities needed before and during work performance.

Each bidder also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work publicly or otherwise available, as well as from the drawings and specifications made a part of this solicitation. Any failure of a bidder to take the actions described and acknowledged in this paragraph will not relieve the bidder from responsibility for estimating properly the difficulty and cost of successfully performing the Work without additional expense to the City.

IFB 24037 Judicial Drive Trail Connection Project pg. 12

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